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1988-09-06
REVISED� SEPTEMBER 6 SPECIAL MEETING TO INTERVIEW - PLANNING - -COMMIS ON' APPLICANTS. 6:30 P.M., ROOM .2.14 -------------------------------------------------=- CITY ----------------- ------------- --------------- - CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA SEPTEMBER 6, 1988 - 7-30 P.M. L_ 1. qa.13 to order. - 7. 2 Roll Call.- 3.1,=Agenda Adoption. 4.,.`Approval of August 16. Minutes. 5 Consent Calendar: -a.. Acknowledgement of August Code Enforcement Reporti. b. Acknowledgement of August 23 Planning Commission Minutes. C. Ivy Falls Creek Feasibility,E-stimat.q. 8- -.d..! CASE NO. &.8-32 Erickson, Wetlands Permit. e. Approval of Public Works Garage Painting, C"I .,:'If. Approval of the List'of Licenses. g. Approval of List of claims. End of Consent Calendar. Introductions. 7 P.,.4 6- 7 ... .Public Comments. 'a.. Renaming of. Highway 110;Frontage Road 8. Bid Award and Public Hearing: a. CASE N0.88-33, C G -Rein, PUD Am d 8:15 P.M. 9. Unfinished:and New Business. - a. con:sideratiQn of Plannhng CommistIon.Appo intment,.>_ b. CASE NO. 88-31_, Kurosq,-Subdivision. (Resolutibn5; No. 8 0 Ile" d. CASE NO 86-33 ,'-, Br inerd Variance. >--tee. e. Curley Tot Lot Ag moment. f. -Bu' ldi g Permit Requer?..t fqr `.° u' ldinc g Pabst S reet,Vacation`Resolut o No. 88-71. t`(ouae fXom. au u 16 ,meeting)- — VO h T I Le ington '-'Re veto gnt ,Prpj ect . Dept.4Rules an R 1 tiQri j LMC I _ ue Papers. 10. Response-to Council Comments. il. Council4:Comments..1 12. Adjourn. ,_.. MEMO {, CITY ' OF MEND6tA ' "HEI'GHTS September:- 6 18$ To: Mayor and City Council !� ' s r.� � -�{. From: Kevin Fraz � y AdminiatkAor Re: Add -On Agenda for September 6th No new items are recommended --for addition -to, -this evening!$ agenda. Additional information is submitted for twa�e,istin . 5: items. 3. Agenda Adoption Although there. are no changes .to the agenda, Council ;will notice that the yellow copy received Friday afternoon has Item. 9.g. crossed off. This was a decisionmadelate in the day. So that we can operate from a.clean agenda, this,item,.has been removed and the subsequent items renumbered on,the, attached blue agenda. It is'hat recommended tCoungi-1 ado ,, the Revised Blue Agenda. 7.a. Renaming of Highway_.116 Frontage Road A suggested name of Shalom:'Drive has been submitted by Sian Birch, 755 Willow Lane., 9.b. CASE NO. 88-31, Kuross,-Subdivision Mr. Kuross proposes that the'subdivision be called Val -Is Addition, and that the new cul-de-sac be called Orchard Circle. Also, please see attached mem6 from Public Works -Director Danielson regarding the petition,for a'.feasibility-report on, the public improvements for the°project. CITY OF MENDOTA HEIGHTS MEMO September 6., 1988 TO: Mayor, City Council and City4iV ator FROM: James E. Danielson Public Works Director SUBJECT: Kuross Subdivision DISCUSSION: As of last week Mr. Kuross had not proposed names for his plat and its street. He has now submitted the following names.for approval: Plat Name: Val's Addition Street Name: Orchard Circle Mr. Kuross would also like to expedite having staff begin work on the public improvements so he and his affected neighbors, Mr. Mikelsons and Mr. Ophoven, have submitted the attached petition for improvements and waiver of public hearing. RECOMMENDATION: Staff recommends Council approve the names, and subject to approval of the preliminary plat accept the petition for improvements and order staff to complete a the feasibility study. ACTION REQUIRED: If Council desires to implement the Planning Commission and staff, recommendations they should pass a motion approving the preliminary plat subject to the Planning Commissions recommendations, approve the proposed names for the plat and street and pass a motion adopting Resolution No. 88 - RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR KUROSS SUBDIVISION. SEPTEMBER 6 SPECIAL MEETING TO INTERVIEW PLANNING COMMISSION APPLICANTS. 6:30 P.M., ROOM 214 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA SEPTEMBER 61 1988 = 7:30 P.M. 1. Call to Order. 2. Roll Call. 3. Agenda Adoption. 4. Approval of August 16 Minutes. 5. Consent Calendar: a. Acknowledgement of August Code Enforcement Revort. b. Acknowledgement of August 23 Planning Commission Minutes. C. Ivy Falls Creek Feasibility Estimate. d. CASE NO. 88-32, Erickson, Wetlands Permit. e. Approval of Public Works Garage Painting. f. Approval of the List of Licenses. g. Approval of List of Claims. End of Consent Calendar. 6. Introductions. 7. Public Comments. a. Renaming of Highway 110 Frontage Road. 8. Bid Award and Public Hearing: a. CASE NO. 88-33, C.G. Rein, PUD Amendment -Hearing. 8.15 P.M. 9. Unfinished and New Business. a. Consideration of Planning Commission Appointment. b. CASE NO. 88-31, Kuross, Subdivision. C. CASE NO. 88-34, Tountas, Variance. d. CASE NO. 86-33, Brainerd, Variance. e. Curley Tot Lot Agreement. f. Building Permit Request for ARRT Building. Page No. 2425 August 16, 1988 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY , STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 16, 1988 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30�o'clock P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock{'�P.M. The following members were present: Mayor Mertensotto, 4, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION' Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES City Attorney Hart recommended corrections to the July 19th minutes. Councilmember Hartmann stated that the vote on the City Hall radio tower was incorrect. Councilmember Blesener moved approval of the minutes of the July 19th meeting with the corrections requested by Attorney Hart. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 Discussion on the City Hall radio tower action was deferred to later in the meeting. Councilmember Hartmann moved approval of the minutes of the August 2nd meeting. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar for the meeting, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for July. b. Acknowledgment of the Quarterly Goals Progress Report. Page No. 2426 August 16, 1988 c. Authorization for the Police Department to purchase two NEC cellular phones through the State Purchasing Contract, in the amount of $1,398, the funds to be appropriated from the Emergency Preparedness Fund Balance. d. Adoption of Resolution No. 88-64, "RESOLUTION APPROVING FINAL PLAT FOR EAGLE RIDGE SUMMIT TOWNHOMES." e. Approval of Partial Payment No. 9 to Joseph Construction, in the amount of $59,366.45 for work completed on City Hall. f. Award of the bid for reconstruction of the Public Works Garage parking lot to Daily & Son for their low bid of $6,400. g. Acknowledgment of the Fire Department monthly reports for June and July. h. Approval of the list of contractor licenses dated August 16, 1988 and attached hereto. i. Approval of the issuance of a 3.2 on - sale beer license to St. Peter's Church for Father Galtier Days. j. Approval of the purchase and installation of fencing, to add to the ends of the hockey boards at the Friendly Hills Park, from Midwest Fence for $1,827. k. Approval of the City Policy on Council elections. 1. Approval of the List of Claims dated August 16, 1988 and totalling $369,625.83. m. Approval of Partial Payment No. 7. to Doody Mechanical in the amount of $17,869.50 for work done on City Hall. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 Page No. 2427 August 16, 1988 RENAMING FRONTAGE ROAD Mayor Mertensotto informed the audience that the Council has asked the owners of property near new City Hall to attend the meeting and to suggest potential names for the T.H. 110 frontage road. Mr. Roger Jenni, 1203 Highway 110, Mr. & Mrs. Garrity, 1181 Highway 110, and Mr. Bernard Sweet, representing the Beth Jacob Synagogue were present. Mr. Jenni read and submitted a brief letter suggesting that the street be named Madelyn Drive. Mr. Sweet stated that his congregation has suggested the name Community Drive, and a daughter of the Garritys suggested that the street be named Garrity Road since her parents were the first family to build a home on the frontage road and have lived there for 40 years. Councilmember Blesener stated that she has received the suggestions Victoria Curve and Glenhill Road. Mayor Mertensotto stated that Council will consider these and other suggestions which have been received, that all the suggestions will be compiled and Council will attempt to arrive at a street name on September 6th. COPPERFIELD 4 BID AWARD Council acknowledged and reviewed the tabulation of bids received for construction of public improvements to serve the Copperfield 4th Addition. Councilmember Cummins moved adoption of Resolution No. 88-65, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE COPPERFIELD 4TH (IMPROVEMENT NO. 88, PROJECT NO. 2)," awarding the contract to Ceca Utilities, Inc. for their low bid of $120,868.85. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 STREET VACATION Mayor Mertensotto opened the meeting for HEARING the purpose of a public hearing on an application from Lloyd's Meats for the vacation of street right-of-way at the easterly portion of their property located Page No. 2428 August 16, 1988 north of Mendota Heights Road at Northland Drive. Public Works Director Danielson described the request and right-of-way area and answered questions from the Council. He stated that there will be no intersection with Highway 13 at Perron Road and that the Pabst family owns all of the property north of the right-of-way except the Lloyd's Meats property (described on the associated map as Parcels A and B). Councilmember Blesener asked how someone would get to the southwest portion of the Lloyd's parcel and what will happen if Lloyd's ever sells its property. Mr. Danielson responded that the property will all be served by private roads. Mayor Mertensotto stated that this should be documented in some way so that the City will know what will happen if Lloyd's decides not to expand its facility and sells the property. He stated that what the applicant is asking will landlock his property except for the access to Perron Road. Councilmember Blesener felt that the Council should at least have a planning report that could be added to the record as a basis for making a decision to vacate. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing be closed at 8:11 P.M. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 It was the consensus of Council that action be tabled to the next meeting, and that a planning report be prepared to tell Council what the applicant is requesting so that Council will have adequate documentation on which to base a decision. Councilmember Blesener stated that it should be stated in the resolution that the landlocking which would be the result of the vacation would preclude any additional development of the landlocked area. Page No. 2429 August 16, 1988 HEARING - EASEMENT Mayor Mertensotto opened the meeting for VACATION the purpose of a public hearing on the proposed vacation of portions of utility easements over Lots 18, 19 and 20, Mendakota Estates. Mayor Mertensotto asked for questions and comments from the audience. Public Works Director Danielson explained that the final design of the Mendakota Estates plat provided for running sanitary sewer and water lines down the lot lines between Lots 19 and 20 rather than running one of the utilities between Lots 18 and 19. For this reason, he recommended that the eas'',,ment between Lots 18 and 19 be reduced to 10 feet and informed Council that the developer has granted a 35 foot easement between Lots 19 and 20. There being no questions or comments from the audience, Councilmember Cummins moved that the hearing be closed at 8:13 P.M. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 88-66, "RESOLUTION VACATION OF A DRAINAGE AND UTILITY EASEMENT." Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 HEARING -- STREET Mayor Mertensotto opened the meeting for LIGHT ASSESSMENTS the purpose of a public hearing on the proposed assessment roll for the industrial/commercial street lighting project. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed at 8:15 P.M. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 88-67, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR COMMERCIAL DISTRICT STREET LIGHTS TO SERVE MENDOTA HEIGHTS INDUSTRIAL/BUSINESS PARK, MEDALLION Page No. 2425 August 16, 1988 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 16, 1988 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES City Attorney Hart recommended corrections to the July 19th minutes. Councilmember Hartmann stated that the vote on the City Hall radio tower was incorrect. Councilmember Blesener moved approval of the minutes of the July 19th meeting with the corrections requested by Attorney Hart. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 Discussion on the City Hall radio tower action was deferred to later in the meeting. Councilmember Hartmann moved approval of the minutes of the August 2nd meeting. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar for the meeting, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for July. b. Acknowledgment of the Quarterly Goals Progress Report. Page No. 2426 August 16, 1988 c. Authorization for the Police Department to purchase two NEC cellular phones through the State Purchasing Contract, in the amount of $1,398, the funds to be appropriated from the Emergency Preparedness Fund Balance. d. Adoption of Resolution No. 88-64, "RESOLUTION APPROVING FINAL PLAT FOR EAGLE RIDGE SUMMIT TOWNHOMES." e. Approval of Partial Payment No. 9 to Joseph Construction, in the amount of $59,366.45 for work completed on City Hall. f. Award of the bid for reconstruction of the Public Works Garage parking lot to Daily & Son for their low bid of $6,400. g. Acknowledgment of the Fire Department monthly reports for June and July. h. Approval of the list of contractor licenses dated August 16, 1988 and attached hereto. i. Approval of the issuance of a 3.2 on - sale beer license to St. Peter's Church for Father Galtier Days. j. Approval of the purchase and installation of fencing, to add to the ends of the hockey boards at the Friendly Hills Park, from Midwest Fence for $1,827. k. Approval of the City Policy on Council elections. 1. Approval of the List of Claims dated August 16, 1988 and totalling $369,625.83. m. Approval of Partial Payment No. 7. to Doody Mechanical in the amount of $17,869.50 for work done on City Hall. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 Page No. 2427 August 16, 1988 RENAMING FRONTAGE ROAD Mayor Mertensotto informed the audience that the Council has asked the owners of property near new City Hall to attend the meeting and to suggest potential names for the T.H. 110 frontage road. Mr. Roger Jenni, 1203 Highway 110, Mr. & Mrs. Garrity, 1181 Highway 110, and Mr. Bernard Sweet, representing the Beth Jacob Synagogue were present. Mr. Jenni read and submitted a brief letter suggesting that the street be named Madelyn Drive. Mr. Sweet stated that his congregation has suggested the name Community Drive, and a daughter of the Garritys suggested that the street be named Garrity Road since her parents were the first family to build a home on the frontage road and have lived there for 40 years. Councilmember Blesener stated that she has received the suggestions Victoria Curve and Glenhill Road. Mayor Mertensotto stated that Council will consider these and other suggestions which have been received, that all the suggestions will be compiled and Council will attempt to arrive at a street name on September 6th. COPPERFIELD 4 BID AWARD Council acknowledged and reviewed the tabulation of bids received for construction of public improvements to serve the Copperfield 4th Addition. Councilmember Cummins moved adoption of Resolution No. 88-65, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE COPPERFIELD 4TH (IMPROVEMENT NO. 88, PROJECT NO. 2)," awarding the contract to Ceca Utilities, Inc. for their low bid of $120,868.85. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 STREET VACATION Mayor Mertensotto opened the meeting for HEARING the purpose of a public hearing on an application from Lloyd's Meats for the vacation of street right-of-way at the easterly portion of their property located Page No. 2428 August 16, 1988 north of Mendota Heights Road at Northland Drive. Public Works Director Danielson described the request and right-of-way area and answered questions from the Council. He stated that there will be no intersection with Highway 13 at Perron Road and that the Pabst family owns all of the property north of the right-of-way except the Lloyd's Meats property (described on the associated map as Parcels A and B). Councilmember Blesener asked how someone would get to the southwest portion of the Lloyd's parcel and what will happen if Lloyd's ever sells its property. Mr. Danielson responded that the property will all be served by private roads. Mayor Mertensotto stated that this should be documented in some way so that the City will know what will happen if Lloyd's decides not to expand its facility and sells the property. He stated that what the applicant is asking will landlock his property except for the access to Perron Road. Councilmember Blesener felt that the Council should at least have a planning report that could be added to the record as a basis for making a decision to vacate. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing be closed at 8:11 P.M. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 It was the consensus of Council that action be tabled to the next meeting, and that a planning report be prepared to tell Council what the applicant is requesting so that Council will have adequate documentation on which to base a decision. Councilmember Blesener stated that it should be stated in the resolution that the landlocking which would be the result of the vacation would preclude any additional development of the landlocked area. Page No. 2429 August 16, 1988 HEARING - EASEMENT Mayor Mertensotto opened the meeting for VACATION the purpose of a public hearing on the proposed vacation of portions of utility easements over Lots 18, 19 and 20, Mendakota Estates. Mayor Mertensotto asked for questions and comments from the audience. Public Works Director Danielson explained that the final design of the Mendakota Estates plat provided for running sanitary sewer and water lines down the lot lines between Lots 19 and 20 rather than running one of the utilities between Lots 18 and 19. For this reason, he recommended that the eas''..ment between Lots 18 and 19 be reduced to 10 feet and informed Council that the developer has granted a 35 foot easement between Lots 19 and 20. There being no questions or comments from the audience, Councilmember Cummins moved that the hearing be closed at 8:13 P.M. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 88-66, "RESOLUTION VACATION OF A DRAINAGE AND UTILITY EASEMENT." Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 HEARING -- STREET Mayor Mertensotto opened the meeting for LIGHT ASSESSMENTS the purpose of a public hearing on the proposed assessment roll for the industrial/commercial street lighting project. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed at 8:15 P.M. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 88-67, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR COMMERCIAL DISTRICT STREET LIGHTS TO SERVE MENDOTA HEIGHTS INDUSTRIAL/BUSINESS PARK, MEDALLION Page No. 2430 August 16, 1988 Mayor Mertensotto stated that Lot A would meet setback requirements, but that proposed Lot B would fall within the 70% lot area requirement but placement of a home on the lot would require a sideyard setback variance. Councilmember Hartmann pointed out that the specific hardship for consideration of the variance and lot division is because of the Eugenia Street right-of-way and the fact that there is an existing house on Lots 3 and 4. He stated that Council would be considering the redistribution of three existing lots into two, and creation of one substandard lot. He further stated that the basis is the fact that Council denied the vacation of the Eugenia right-of-way, which would have provided enough area to make a standard lot of Parcel B. INDUSTRIAL PARK, YORKTON CENTRE POINTE SOUTH, AND NORTHLAND PLAZA (IMPROVEMENT NO. 86, PROJECT NO. 11." Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 1987 AUDIT Mr. Steve Laible, from Peat Marwick Main, was present to review and answer Council questions on the City's 1987 Annual Financial Report. He discussed the new disclosures and reviewed the status of the enterprise funds. He stated that depreciation has an impact on the utility fund, which has a larger deficit in 1987 (over $200 million) because of depreciation, and stated that he feels it is part of his firm's responsibility to point out that there is an unfunded depreciation. Treasurer Shaughnessy pointed out that the City has a utility reserve fund which was set up to finance rehabilitation of underground facilities. It was recommended that the report be footnoted to reflect that there is a fund, outside of the enterprise funds, which was set up to fund the depreciation. CASE NO. 88-24 Ms. Jan Peyer to request approval of the PEYER division and combination of Lots 1, 2, 3 and 4, Block 1, Cherokee Park Heights, into two lots, which had been tabled from the August 2nd meeting. Mayor Mertensotto stated that Lot A would meet setback requirements, but that proposed Lot B would fall within the 70% lot area requirement but placement of a home on the lot would require a sideyard setback variance. Councilmember Hartmann pointed out that the specific hardship for consideration of the variance and lot division is because of the Eugenia Street right-of-way and the fact that there is an existing house on Lots 3 and 4. He stated that Council would be considering the redistribution of three existing lots into two, and creation of one substandard lot. He further stated that the basis is the fact that Council denied the vacation of the Eugenia right-of-way, which would have provided enough area to make a standard lot of Parcel B. Page No. 2431 August 16, 1988 Mayor Mertensotto stated that a 20 foot sideyard setback variance from the Eugenia right-of-way was requested as part of the application. Councilmember Witt stated that she does not have a concern with the lot division but does have a concern over the setback variance: if the Council wants to retain the right-of-way for a future street, it should consider that there should be adequate setback should a street ever be constructed. Public Works Director Danielson pointed out that in order to build a normal house on the lot, Ms. Peyer needs a 20 foot setback variance from the right-of-way, because it would be an odd -shaped lot. Mayor Mertensotto pointed out that if the City finds that it doesn't need the right- of-way after the property south of Ms. Peyer's develops, the right-of-way can be vacated, and that he supports the division and variance. Councilmember Blesener stated that she is comfortable with the division request but she does not feel the variance should be approved. After discussion, Councilmember Cummins moved adoption of Resolution No. 88-68, "RESOLUTION APPROVING THE LOT DIVISION OF LOT 2, BLOCK 1, CHEROKEE PARK HEIGHTS," along with approval of a 20 foot sideyard setback variance along the Eugenia Street right-of-way, on the basis that the purpose is to add property to an existing platted lot, that the new lot meets the 70% requirement of the ordinance, and that the lot will be fully consistent with existing development in the area. Councilmember Hartmann seconded the motion. Ayes: 3 Nays: 2 Blesener Witt CURLEY DEVELOPMENT MR. John Duffy and Mr. Tom Curley were present to discuss the concept for proposed development of the southeast quadrant of Lexington Avenue/T.H. 110. Mr. Duffy Page No. 2432 August 16, 1988 stated that they have not yet submitted an application but are asking for Council input on their proposal. Administrator Frazell stated that staff asked the developers to come before Council because they are proposing a substantial tax increment subsidy and the proposal envisions J some condemnation of land by the City. Mr. Duffy stated that the proposal would be called Lexington Plaza South and would be developed by Lexington Plaza South Partners, which consists of himself, Bill Penney and Tom Curley. He stated that the partners propose a shopping center on the six acre parcel and that the development would consist of a service station and restaurant on the.two proposed outlots. He stated that there are tenants lined up but that the partnership doesn't own the entire parcel and would need control of the SOS site. He stated that the partners have negotiated unsuccessfully with the SOS owners and hope that the City would direct its staff to negotiate for the land. He stated that the anchor tenant is Curley Furniture, but that Curleys must sell their building in order to be able to move into the center. He asked that the City acquire the Curley building and the SOS parcel via tax increment funds so that both parcels can be included in the project (the existing Curley building would be torn down.) Responding to a question from Mayor Mertensotto, Mr. Duffy stated that the service station would be a convenience center that will dress up the site. Councilmember Cummins stated that if Mr. Curley is a partner in the proposed development, he would like to know why the City should buy his existing building so that he can financially participate in the development. Mr. Duffy responded that the Curley Furniture Library is needed in the center and Mr. Curley must first sell his building in order to come up with the cash necessary to build in the new center. Page No. 2433 August 16, 1988 Councilmember Cummins stated that it "floors him" that the developers feel that the City should come in and buy those buildings -- that they might as well ask the Council to make a donation to the project. Mr. Duffy responded that it was acknowledged that this property would be a difficult parcel of property to develop and he thought that was why it was included in the tax increment district. Councilmember Blesener stated that it seems appropriate to use tax increment funding but that a Super America type of facility seems totally out of character and that she would not support consideration of a gas station in the development. She suggested that a small professional building would be more appropriate and more in keeping with the neighborhood. Mayor Mertensotto stated that he would think the City would possibly go in and acquire the entire parcel by tax increment and then sell it back to a developer rather than getting involved in piecemeal development. He further stated that he has no interest in approving a gas station across from City Hall. Councilmember Hartmann stated that he would be interested in the City acquiring the entire site and selling it to a developer so that the Council would have control over the total development. Responding to a question from Mayor Mertensotto, Mr. Duffy stated that it would probably cost $300,000 to $400,000 to acquire the property (Curley's and SOS). It was the general consensus that the concept of using TIF to assist in pulling the project together is acceptable. MENDOTA PLAZA Mr. Ed Paster was present to update the Council on plans for redevelopment of the Mendota Plaza. He showed a rendering of the Plaza, viewed from Dodd and Highway 110, and also presented a color palette. He stated that a sign would be installed to replace the existing sign, along with a Page No. 2434 August 16, 1988 directional sign at the center's entrance and a belltower on the building. With respect to timing, Mr. Paster stated that as soon as Council gives him its approval, he will proceed. Councilmember Blesener stated that she liked the plan until Mr. Paster showed Council the sign band (lettering) on the building: Mr. Paster responded that he believes Council will find in the overall plan that the signs will be attractive. Councilmembers Blesener and Cummins stated that they do not want to see red letters on a white background, as proposed for MGM and 5nyders. Mr. Paster responded that the red/white are standardsfThe 5nyders and MGM logos. He stated that he has spent a lot of money and timea•believes he has a good plan. Mr. Paster further stated that while he is not proposing a Galleria or Buonaventure, that he must be able to give retailers what they need, including use of their logos. Mayor Mertensotto agreed, and stated that since Mr. Paster is financing the project, he must make what he considers to be the correct decisions. He also stated that the Council is trying to get the center "upscaled" as much as it can. Mr. Paster felt that the center will be beautiful when done and that the signs will not be offensive. Mr. Paster also responded to questions about the parking lot and landscaping. Councilmember Blesener stated that she is comfortable with everything but the signs and would like to look at a few other centers; she would be willing to support everything but the signage. After discussion, Councilmember Hartmann moved to authorize staff to issue a building permit to Paster Enterprises consistent with what was presented this evening. Councilmember Witt seconded the motion. Ayes: 3 Nays: 2 Blesener Cummins Page No. 2435 August 16, 1988 CURLEY TOT LOT Council acknowledged receipt of the proposed agreement for development of the Curley Addition tot lot. Mr. David Ayers, present for the discussion, stated that he has reviewed the proposed agreement and suggested some amendments and changes to Public Works Director Danielson. Mayor Mertensotto pointed out that the City reserves the right to terminate the agreement if the Association fails to maintain the property and facilities, and to remove the facilities for relocation to another park (item 7). After discussing the issue, it was agreed that this item should be amended to read "the City may remove the facilities." Mr. Ayers stated that he would like to see item 4 changed to read that the City will purchase the play structure, with the City cost limited to $4,000, so that the Association can add money of its own if it chooses to. The Council discussed the need for staff coordination of installation. Councilmember Blesener asked about liability insurance for the association. Mr. Ayers stated that the association agrees that it has exposures but that such insurance would cost about $1,000, and suggested that the City simply name the Valley View Heights Civic Association as a named insured on its policy. Attorney Hart stated that his only question would be whether doing so would be precedent setting. He stated that at the present time there would probably be no cost to the City to add the Association as a named insured, but that he would like to add a reimbursement clause to the agreement which would stipulate that the Association will reimburse the City for any cost it may incur to name the Association as a named insured. Councilmember Witt stated that she opposes the idea, that the Council would be setting a precedent in the whole issue, and she objects to the entire tot lot proposal. Page No. 2436 August 16, 1988 Mayor Mertensotto stated that the City does not have the obligation to provide insurance coverage on behalf of the association, and asked why the City should have insurance that may some day be prohibitive. Councilmember Cummins stated that what is likely, in the event of an accident, is that someone might look to the homeowners Association and find there is nothing available, and then would look to the Association's directors. Councilmember Blesener stated that she disagrees with the Mayor's comment, since this is a City park and the City has the right to the property and facilities in the future if the Association doesn't maintain it. Mayor Mertensotto stated that the City should write into the contract that the City is not obligated to provide insurance, although in fact it could do so. Mr. Ayers stated that he is looking to the City for protection, and that if the City named the Association as an insured, the Association will reimburse the City for any cost incurred for naming them as an insured. Administrator Frazell stated that staff will discuss the matter with the City's insurer. Item 8 was amended to read "In the event that Valley View Heights Civic Association initiates..." G&L ASSESSMENT ROLL Councilmember Cummins moved adoption of Resolution No. 87-69, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, STREETS AND CURB AND GUTTER IMPROVEMENTS TO SERVE NORTHLAND PLAZA ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 85, PROJECT NO. 3.)" Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Page No. 2437 August 16, 1988 PERSONNEL Councilmember Cummins moved to approve the permanent appointment of Larrie Mack as Police Sergeant, retroactive to August 3, 1988. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CITY HALL SMOKING Council discussed the proposed smoking POLICY policy for new City Hall. Councilmember Witt felt that smoking should not be allowed anywhere in the building. Councilmember Cummins moved that new City Hall be designated non-smoking except for the private offices. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 1 Witt CITY HALL TILE Council discussed a proposed change order to provide for the replacing of some of the carpeting in the City Hall lobby area with quarry tile. Mayor Mertensotto stated that tile would be more slippery than carpeting and expressed concern that someone might fall if the tile were wet. Councilmember Blesener moved approval of a change order to authorize the substitution of quarry tile for some of the carpeting in the lobby in new City Hall, at a cost of $1,937. Councilmember Cummins seconded the motion. Ayes: 3 Nays: 2 Mertensotto Hartmann RADIO TOWER Councilmember Hartmann stated that he had voted in the negative on the City Hall radio tower issue on July 19th and that the minutes incorrectly recorded a yes vote for him. Ayes: 5 Nays: 0 Councilmember Hartmann moved to reconsider the July 19th action relative to installation of a mono -pole at City Hall. Mayor Mertensotto seconded the motion. Councilmember Blesener moved to authorize the installation of a mono -pole radio tower at City Hall. Councilmember Witt seconded the motion. Page No. 2438 August 16, 1988 Ayes: 3 Nays: 2 Mertensotto Hartmann COMMISSION APPOINTMENT The Council acknowledged letters from residents interested in appointment to the Planning Commission. It was Council consensus that Council conduct interviews with the applicants on September 6th at 6:30 P.M. PARK MATTERS Councilmember Blesener reviewed the recent Park and Recreation Commission meeting discussion on the park plan and expressed her disappointment with the plan prepared by Barton-Aschmann. She suggested that the whole project be tabled until there is a person on staff who can monitor and coordinate things. She stated that, after seeing the plan, the City had wasted its money, nd recommended that Council direct Barton-Aschmann to stop work, send the City a bill for what has been done to date, and that the City retain the option to cancel the contract.. Administrator Frazell stated that he will talk to Barton-Aschmann and request that they do no further work until notified to do so. ADJOURN There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned to the August 30th budget meeting. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:58 O'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertenso Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON AUGUST 16, 1988 Concrete Licenses: Dakota Rhodes Masonry Viking Concrete and Masonry Excavating Licenses: Marty Brothers Excavating S.J. Dahn Trucking & Excavating, Inc. Gas Piping License: Palmer Service Electric General Contractor Licenses: G.S. Meichelr Construction Gene's Home Care and Repairs Mueller Construction Heating & Air Conditioning Licenses: Palmer Service Electric R.H. Heating & Air Conditioning, Inc. i N Oto .-+ O O O O O O p p O In 0) OD O O O O O O Un O O pr- CN t rd o M N 0) O ON N 't �0 ko `t W N N oO LO N t .+ o O Oi to .� N N iH bqin W to O to 4 N 000) N i '� N N U a) O N Opo It io A H tO O kD fn �. U H .a ; o FC W cli E-A rr p Wto j1 � oIz co O OD ko p NO Q `t to N co pl It to O .� _4 OD It to W .-r 0 V co oN O 0 't N U O O O O O o N N Q f0 t0 Q, O O O o Un Un w N 10 N N (p` 0� O N O `i N o Un N �Ni M N O It N O In IY) N d tO 00 0)IY) 14 C\l O0 U r -I O N N Q r+ U~) U 3 0 W • O O N co N tn co 00 O I` Utz co N W H O Lf) M Lf) + o 1) A I H co N o H coO O FC w O O e1 tH 6 O a) I tr�C >m H � M OMN p ao N OI p r- � -4 It N z to co a) CD V 14 't.-+ 000 0 o p r b O WW M t OD CID LIP N d) D o 0 It M m co U) rf)44 J Q U N N 3 ( 44 O N 41 44 U N En i0 Q) .t U $4 W O N o 0 O N N rid N ro 44 qq co O p N 14 tcf W p ado m m to C\j �^ K 41 > H M rn to Q) ri ' { 0 r4 �O �' '-' N to 0 U U N U N bt O O� a) zo Co{ 4 A rd to O .t o� m OD ON N N W 1-4 [� U r1 4' U r� NLD H rA to D 0C7 W O O W H C) U)�] W PSH H EA n EA t 1 P)P, O n rl m �� c i y F+ a 3 to E rb to z ri h. in Page 1 August 23, 1988 CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 23, 1988, in the City Hall Council Chambers, 750 South Plaza Drive. Chairman Morson called the meeting to order at 7:30 P.M. The following members were present: Morson, Anderson, Burke, Duggan, and McMonigal. Krebsbach was absent. Also present were Planning Assistant Tim Malloy and Public Works Director Jim Danielson. APPROVAL OF Commissioner Duggan moved approval of the MINUTES July 26 minutes as submitted. Commissioner Anderson seconded the motion. Ayes: 5 Nays: 0 CASE NO. 88-32, Mr. Fred Erickson was present to request ERICKSON, WETLANDS a wetlands permit to allow construction PERMIT of a three season porch on the rear of his home at 891 Mendakota Court, or Lot 14, Block 1, Mendakota Estates. He noted that his home is set back 38 feet from the front property line to match the setback of the adjacent home. He noted that it is 96.5 feet to the porch and 91.5 feet to the deck from the lake shore. Commissioner Duggan moved to grant a wetlands permit to allow construction of a three season porch within 95 feet from the wetlands area at 891 Mendakota Court. Commissioner McMonigal seconded the motion. Ayes: 5 Nays: 0 VERBAL REVIEW Public Works Director Danielson gave a verbal review of the cases that had been before the City Council. CASE NO. 88-31, Chairman Morson opened the meeting for KUROSS, SUBDIVISION the purpose of a public hearing to consider a request from Mr. Arthur Kuross, 1155 Orchard Place, for the subdivision of his 5.5 acre property north of Orchard Lane and west of Lexington Avenue. Mr. Kuross proposes seven residential lots, with sewer Page 2 August 23, 1988 extended from TH 13 and water from Orchard Lane being extended to serve the new lots. He also noted that he will provide a driveway to serve the Ophoven property and that 30' to 40' pine trees will be preserved between Lot 3, Block 1, (Mr. Kuross's present home) and Mr. Kaup, the neighbor to the east. It was also noted that all of the lots are in the boundary of the Critical Area Corridor and will need processing for permits before construction may begin. Public Works Director Danielson felt that the Ophoven property will probably be the only lot that would require a variance by the Planning Commission and Council. The rest of the lots would probably only require Council approval, as the property is very flat and quite a distance from the bluffline. Mr. Valdes Mikelsons, neighbor to the north of the proposed development, has agreed to dedicate a portion of his land to serve as a road to his property in the future. It was noted that whoever purchases the Ophoven property would maintain the driveway to the Ophoven property. Mr. Kuross noted that Lots 2 and 3, Block 1 would be for sale. Commissioner Morson felt that the northwest corner of Lot 1, Block 2, could be rounded more to allow easier access by emergency vehicles. Commissioner Burke asked what is proposed for the Hughes lot, easterly of the proposed plat. He wondered if it would ever be subdivided further. Mr. Hughes noted that he has no interest in developing the land and will probably tear down his existing home and build a new home further back on the property. It was noted that assessments for this development may be around $17,000 per lot. Commissioner Morson asked for questions or comments from the audience. Page 3 August 23, 1988 Mr. David Freeman, Kingsley Estates, asked if the new street will be blacktopped. Mr. Kuross responded that yes, it will and will have curb and gutter. Mr. Bob Hughes, neighbor to the east of Lot 4, Block 2, off Lexington Avenue, asked if any variances would be needed and was told that all lots meet the minimum lot size and that no variances should be needed. Mr. Valdes Mikelsons, property owner to the north of the plat, noted that he would like to plat his lots along with this development, but that he will not develop his lots now. He noted that his lots will all meet the 15,000 square foot minimum lot size and it was noted that this platting would not increase water runoff. Mr. Larry Kaup asked if Orchard would have curb and vutter. Mr. Kuross noted that since it is not a new street, it will remain as it is, with no curb and gutter. Only new streets are required to have curb and gutter. There being no further questions or comments, Commissioner Burke moved to close the public hearing at 8:23 P.M. Commissioner Duggan seconded the motion. Ayes: 5 Nays: 0 Commissioner Duggan moved to recommend approval of the proposed subdivision of the Kuross preliminary plat with the following stipulations: 1. That the radius shown on the northwest corner of Lot 1, Block 2, be more rounded. 2. That the northeast corner of Lot 2, Block 1, shown as rectangular, be somewhat curved. 3. That every effort be made to save the pine trees and/or transplant them. 4. It is further recommended that the City Council consider Mr. Mikelsons' Page 4 August 23, 1988 request that his desire for subdivision be accepted provided that Mr. Mikelsons supply the Council with a more accurate description of lot sizes on Lots 1-4, and that he pay any required fees. This includes Lot 5 (his own home) as well. Mr. Zinner noted that the size of the building will be cut down about 60%, and that the facade, roof line and roof pitch, and landscaping will be as identical as possible to the original units. There will also be more on site parking, with two underground stalls per unit. It was noted that a good portion of Lot 2 is a storm sewer easement, which makes the lot unbuildable. Commissioner Anderson noted that the City will lose part of its tax base by the reduction in units. 5. That a private drive to the Ophoven property be provided. Commissioner McMonigal seconded the motion. Ayes: 5 Nays: 0 CASE NO. 88-33, Chairman Morson opened the meeting for C.G. REIN, PUD the purpose of a public hearing to AMENDMENT consider an amendment to the Planned Unit EAGLE POINT Development for Eagle Point Condominiums. CONDOS Mr. Ted Zinner, Vice President of C.G. Rein Company, was present to explain the request. He noted that the developer is proposing a density reduction in Phase II of the Eagle Point Condo development at 1830 Eagle Ridge Drive. The original development has 27 units and the second phase was to be a mirror image, also containing 27 units. Mr. Zinner explained that it is not economically feasible to construct 27 units, and that they are proposing to construct only seven units. Mr. Rein will live in the new structure on the third floor, with over 7,000 square feet of space in his unit. Mr. Zinner noted that the size of the building will be cut down about 60%, and that the facade, roof line and roof pitch, and landscaping will be as identical as possible to the original units. There will also be more on site parking, with two underground stalls per unit. It was noted that a good portion of Lot 2 is a storm sewer easement, which makes the lot unbuildable. Commissioner Anderson noted that the City will lose part of its tax base by the reduction in units. Page 5 August 23, 1988 Commissioner Duggan asked if there could be more green space and shrubbery instead of more parking stalls. Mr. Zinner noted that no additional recreational facilities are proposed and the entire lot will be finished off in green space. Chairman Morson asked for questions or comments from the audience. Mr. Shel Kieffer, 1859 Eagle Ridge Drive, across the street, asked if the entire site, up to 1850 and 1860 Eagle Ridge, will be landscaped. Mr. Zinner responded yes, it will be landscaped. Mrs. Mary Brady, 1833 Eagle Ridge, said she would be happy to see more parking for the residents and their guests. Mrs. Sara Slattery, 1845'Eagle Ridge Drive, asked what the time frame would be and who the developer/builder is. Mr. Zinner noted that C.G. Rein plans to begin construction this fall. There being no further questions or comments, Commissioner McMonigal moved to close the public hearing at 8:45 P.M. Commissioner Duggan seconded the motion. Ayes: 5 Nays: 0 Commissioner Anderson moved to recommend approval of the amendment to the Eagle Point Condominium, Phase II development, with respect to a reduction in the number of units from 27 to 7, along with a corresponding reduction in building size, subject to completion of landscaping in the area as far as practicable. Commissioner Burke seconded the.motion. Ayes: 5 Nays: 0 MISCELLANEOUS It was noted that the City Council hopes to appoint a new member to the Commission at their September 6 Council meeting. Chairman Morson advised the Commission that he will be out of town for the September 27 meeting. ADJOURN There being no further business to come before the commission, Dugan moved that the adjourned. commissioner Anderson motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: Page 6 August 23, 1988 , commissioner meeting be seconded the 9:50 P.M. CITY OF MENDOTA HEIGHTS MEMO September 1, 1988 TO: Mayor, City Council and Ci!.Y,*VVfor FROM: James E. Danielson Public Works Director SUBJECT: Ivy Creek Feasibility Report DISCUSSION: At their July 19, 1988 meeting the City Council passed a resolution re- questing that the Lower Mississippi River Water Management Organization order a feasibility study addressing solutions to the storm water erosion problems in the Upper Reach of Ivy Creek. The drainage district for this Reach of Ivy Creek extends into West St. Paul so Water Management Organization involvement is needed in order to get West St. Paul's participation. Attached is a copy of Barr Engineering Company's, the WMO Engineer, proposal to complete the study. Esti- mated "not to exceed" cost for the study is $22,800. These costs will be in- itially funded by the WMO and then proportionate shares will be billed back to the Cities involved. ACTION REQUIRED: None, the City has already asked the WMO to complete the study and proposed costs are within expected levels. Barr Engineering Company 7803 Glenroy Road Minneapolis, MN 55435 612/830.0555 Lower Mississippi River Watershed Management Organization 125 3rd Avenue North St. Paul, MN 55075 August 24, 1988 Mr. Dwight Peterson - Chairman Mr. Bernie Weitzman - Secretary/Treasurer Mr. George Cameron Mr. Jim Danielson Mr. Richard Hedman Ms. Denis Svendsen Mr. Skip Stefaniak We are pleased to present this work plan for the Ivy Falls Creek Drainage Study. This study will be complementary to the Upper Ivy Falls Creek Main Stem Drainage Study, authorized on May 26, 1988. This work plan has been prepared in response to the July 28, 1988 action of the Board to authorize the full Ivy Falls Creek Watershed study. BACKGROUND The Ivy Falls Creek Watershed is shown in the attached figure. The urbanization of the subwatershed has caused increased volumes and rates of flow during storm events. This has increased the rate and severity of erosion of the stream bed and stream banks. During the August 30 - 31, 1977 rain storm, ponding areas at the Somerset Country Club were overtopped and the dikes failed. Following that storm, the City of Mendota Heights improved the ponding areas at the golf course and implemented the most critical portions of a downstream erosion control plan. Problems of stream erosion, deposition of sediment in storm sewers, and streambed degredation were relatively dormant until the July 23, 1987 storm. Damage from that storm included severe erosion of the creek bed and significant erosion along the banks threatening some properties. The erosion resulted in an unstable bed and banks along the creek. As a result of the damage to the creek, relatively modest storm events may now be sufficient to damage properties and threaten structures. Significant corrective action is needed along the creek in order to improve its resistance to erosion and protect adjacent properties from damage. WORK PLAN This work plan is for a drainage and feasibility study of the Ivy Falls Creek Watershed from the headwaters to the Falls. It does not include the Lower Mississippi River August 24, 1988 Page 2 Pickerel Lake Watershed. This study is complementary to and integrates the study outlined in the May 26, 1988 proposal. The scope of the May 26, proposal is not repeated here, nor is its cost in the estimated cost for this work plan. This work plan is divided into three segments, each culminating in the preparation of a working paper and discussions of the working paper at a meeting of the Watershed Management Organization. Working Paper I - Drainage Study This segment of the study will consist of hydrologic modeling, a statement of the drainage problems identified in the watershed, and identification and qualitative evaluation of alternative solutions to those problems. Hydrologic analysis will be performed assuming fully developed land use conditions for the tributary area and the existing drainage system. The hydrologic analysis will evaluate the 10 -year critical storm event, the 100 -year critical event, and a storm of the magnitude of the July, 1987 storm. A map will be prepared showing the 10 -year and 100 -year flow rates at the outlets of each subwatershed in the model, and the normal level, 10 -year storm level and 100 -year storm flood level at detention basins in the conveyance system. The hydrologic analysis will also be used to prepare 10 -year and 100 -year hydrographs for the flows at inner -community boundaries and at the outlet of the watershed, Ivy Falls. Drainage and erosion problems will be identified through interviews with the engineering departments of the cities and through reconnaissance of the creek. Potential solutions to the problems will also be identified. The range of potential solutions will be narrowed with a qualitative evaluation to eliminate the least attractive approaches. This information will be summarized in a working paper which will be discussed at a meeting with representatives of the engineering staff of the communities involved. Following the meeting with the cities, the working paper will be discussed at a meeting of the Watershed Management Organization. Working Paper II - Feasibility Study This working paper will provide analysis and economic evaluation of alternative solutions to the erosion and drainage problems identified in Ivy Falls Creek in Working Paper I. Examples of the alternatives that might be evaluated include: drop structures along the creek, riprap in the creek, expanded detention basins, and a high flow pipe with low flow conveyance in the channel. The selection of alternatives to be evaluated will depend upon the feasibility screening done in the first working paper. The alternative solutions will be modeled using the hydrologic model for the watershed. The 10 -year and 100 -year storms will be Lower Mississippi River August 24, 1988 Page 3 modeled. A storm of the magnitude of the July, 1987 event will also be modeled to illustrate the likely effects of such an event. Based on economic evaluation, hydrologic factors, and community preferences, recommendations for solutions to the drainage problems will be developed. The allowable flow will be calculated and used to illustrate the approximate cost apportionment for each alternative. In order to evaluate alternative solutions for Ivy Falls Creek, a survey of the creek bed will be necessary. Based on the survey data, profiles of the creek showing the alternatives considered will be prepared. The findings of this study will be discussed first with representatives of the engineering departments of the affected cities and then presented to the Watershed Management Organization. Working Paper III - Conceptual Design After selection of a preferred alternative by the Watershed Management Organization, a brief conceptual design working paper will be prepared. This working paper will integrate the May 26, 1988 study with the work in Working Papers I and II. The conceptual design will show 10 -year and 100 -year flow rates at each subwatershed; the normal level, 10 -year storm flood level and 100 -year storm flood level at detention basins; a profile of the proposed drainage system improvements; and, if suitable topographic information is available, a map showing the area flooded in a 100 -year storm event for the proposed design. This paper will be presented to the Watershed Management Organization. Project Team Barr Engineering intends to involve the following staff in this study: Dennis E. Palmer - Principal -in -Charge James R. Langseth - Project Manager Steven M. Klein - Project Team Member Mitchell B. Sawh - Project Team Member. Schedule The anticipated schedule for this study is completion of Working Paper I in three months and completion of Working Paper II in six months. Working Paper III is to be completed one month after selection of a preferred alternative by the Watershed Management Organization Board. Lower Mississippi River August 24, 1988 Page 4 Estimated Cost The estimated cost of this feasibility study is $22,800, including presentation of the study and findings at three WMO meetings. The approximate division of this cost between the working papers is as follows: Working Paper I Hydrologic analysis $3,400 Preliminary feasibility evaluation $1,600 Report and presentation $2,700 Subtotal $7,700 Working Paper II Creek survey $ 3,400 Evaluation of alternatives $ 5,900 Report and presentation $ 3,800 Subtotal $13,100 Working Paper III Modeling and report preparation $ 1,600 Presentation $ 400 Subtotal $ 2,000 Total $22,800 The total cost of this work and the work authorized on May 26, 1988 is estimated to be $31,015. The work will be performed on a time and expenses basis not to exceed the estimated total. Monthly invoices will be submitted to the WMO for the time and expenses directed toward the project. A copy of Barr's current fee schedule is attached. Changes in this fee schedule in 1989 will not effect the estimated cost of the project. This work plan has been prepared with a provision for counter signature by an officer of the WMO, should you find it acceptable. Sincerely, Dennis E. Palmer Accepted , 1988 by the Lower Mississippi River Watershed Management Organization. Signature Title DEP / tv o Enclosure JS/322,0 e Y ..............�.............. 0 2000 RIVERVIEW � I TUNNEL Scale in Feet WATERSHED I ------- PICKEREL ----PICKEREL LAKE ; { WATERSHED ; I AMAPCW O � J IVY FALLS � AW' CREEK WATERSHED j WEST ST PAUL MENDO A HEIGHT Q . MARTHALER 0 a � POND fl INTERSTATE VALLEY CREEK WATERSHED Q ir Ito M0QGTA RD./—T—�— IVY FALLS CREEK WATERSHED LOCATION Revision No. 88M B A R R E N G I N E E R I N G C O. Allan Gebhard, Professional Engineer ........................$110 per hour Douglas W. Barr, Professional Engineer .......................$95 per hour John D. Dickson, Professional Engineer .......................$95 per hour Leonard J. Kremer, Professional Engineer .....................$90 per hour Lawrence R. Molsather, Professional Engineer.................$90 per hour Dennis E. Palmer, Professional Engineer ......................$90 per hour Timothy W. Skoglund, Professional Engineer...................$75 per hour Dale L. Wikre, Geologist.....................................$75 per hour Earl C. Bancroft, Professional Engineer ......................$70 per hour Lawrence D. Dalen, Professional Engineer .....................$70 per hour Alan J. Fandrey, Professional Engineer .......................$70 per hour Dean T. Malotky, Chemist.....................................$70 per hour John P. Borovsky, Soil Scientist.............................$65 per hour John R. Larson, Professional Engineer ........................$65 per hour Robert C. Obermeyer, Professional Engineer...................$65 per hour Philip B. Solseng, Professional Engineer .....................$65 per hour Henry M. Runke, Environmental Engineer .......................$60 per hour Steven M. Klein, Professional Engineer ....................... $55 per hour Wesley J. Olson, Professional Engineer .......................$55 per hour James A. Smith, Professional Engineer ........................$55 per hour Douglas E. Connell, Hydrogeologist ...........................$50 per hour Mark A. Deady, Professional Engineer ........................ $50 per hour Gary E. Hokkanen, Civil Engineer.............................$50 per hour Suzanne D. Jiwani, Professional Engineer .....................$50 per hour James R. Langseth, Professional Engineer .....................$50 per hour John T. Lee, Professional Engineer ...........................$50 per hour Nels P. Nelson, Professional Engineer ........................$50 per hour John E. Quist, Professional Engineer .........................$50 per hour Eric C. Yost, Chemist........................................$50 per hour Paul A. Egelhoff, Civil Engineer.............................$45 per hour Gregory D. Keil, Professional Engineer .................. ...$45 per hour Dean V. Skallman, Professional Engineer ......................$45 per hour Timothy J. Anderson, Civil Engineer ..........................$40 per hour Karen L. Chandler, Civil Engineer ............................$40 per hour Mark W. Hibbs, Civil Engineer................................$40 per hour Mark D. Millsop, Hydrogeologist ............................. $40 per hour Margaret R. Rattei, Biologist................................$40 per hour Stephen W. Robertson, Hydrogeologist .........................$40 per hour Peter J. Sabee, Biologist....................................$40 per hour John K. Seaberg, Hydrogeologist..............................$40 per hour Lori L. Stegink, Chemical Engineer ...........................$40 per hour Ray W. Wuolo, Hydrogeologist................................ $40 per hour Page 1 of 2 Revision No. 88M Randall E. Duncan, Biologist.................................$35 per hour William J. Forsmark, Civil Engineer ..........................$35 per hour James P. Herbert, Civil Engineer.............................$35 per hour Randall J. Hunt, Hydrogeologist ............................. $35 per hour Thomas R. Johnson, Civil Engineer ........................... $35 per hour Arthur R. Kalmes, Civil Engineer ............................ $35 per hour Lisa M. Lee, Geological Engineer.............................$35 per hour Jihshya J. Lin, Structural Engineer ..........................$35 per hour Karen S. Oakes, Librarian/Information Manager................$35 per hour Rick J. Palm, Geologist ..................................... $35 per hour Jeffrey W. Pipes, Hydrogeologist.............................$35 per hour Melisa F. Pollak, Geologist..................................$35 per hour Thomas F. Prehoda, Civil Engineer ........................... $35 per hour David S. Ratner, Geologist...................................$35 per hour Don E. Richard, Civil Engineer .............................. $35 per hour Mitchell B. Sawh, Civil Engineer.............................$35 per hour Richard G. Soule,:eologist..................................$35 per hour Natalie C. Wright -Wells,. Geologist ...........................$35 per hour Richard J. Bosshardt, Civil Engineer ........................ $30 per hour Kerry L. Heuer, Technical Writer.............................$30 per hour Kurt A. Leuthold, Civil Engineer.............................$30 per hour Bradley J. Lindaman, Civil Engineer ..........................$30 per hour Stephen N. Lorentz, Earth Scientist ..........................$30 per hour Steven M. Marshik, Civil Engineer ............................$30 per hour Elizabeth M. Metzen, Geologist...............................$30 per hour Catherine M. Meuwissen, Civil Engineer ...................... $30 per hour Thomas J. Tangeman, Civil Engineer .......................... $30 per hour Engineering Technicians...............................$20 to $45 per hour Report Typing and Assembling ..........................$20 to $30 per hour Any amount not paid within 60 days of the date of the invoice shall bear interest from the date 10 days after the date of the invoice at a rate equal to the lesser of 18Z per annum or the highest rate allowed by applicable law. A five percent (5X) mark-up will be added to subcontracts for professional and construction services (such as technical consultants, well drillers, soil exploration firms, and testing laboratories) to cover overhead expenses. Page 2 of 2 CITY OF MENDOTA HEIGHTS MEMO August 30, 1988 TO: Mayor, City Council and City or "Aw FROM: James E. Danielson Public Works Director SUBJECT: Erickson Wetlands Permit Case No. 88-32 DTSMSSTON: At their August meeting the Planning Commission reviewed a request from Mr. Fred Erickson for a wetlands permit (see attached staff memos). At that meeting it was pointed out that an open deck is not measured for setback purposes. The setback to the nearest covered deck is 96.5 feet, therefore the encroachment is to be 4.5 feet into the wetlands. In order to allow for construction error the Planning Commission approved up to a 5 foot encroach- ment. Because Mr. Erickson has sold the home he is living in and has a deadline for moving out of it and into this new home and because this new home construction is being held up pending City Council action on the vari- ance, and because the Planning Commission recommended approval unanimously, at the risk of being presumptuous, staff authorized the construction to proceed. Council is being asked to approve the variance after the fact. RECOMMENDATION: The Planning Commission voted unanimously to recommend granting a wetlands permit allowing for up to a 5 foot encroachment on the 100 foot wetlands setback. ACTION REQUIRED: If Council desires to implement the Planning Commission recommendation they should pass a motion approving a wetlands permit for 891.Mendakota Court allowing a 95 foot setback from the wetlands. CITY OF MENDOTA HEIGHTS MEMO TO: Planning Commission August 16, 1988 FROM: James E. Danielson and Paul R. Berg Public Works Director Code Enforcement Officer SUBJECT: Erickson Wetlands Permit Case No. 88-32 n T 0OTTO0 Tn AT. Mr. & Mrs. Fred Erickson are constructing a new home at 891 Mendakota Court. In order to match the existing front yard setback of an an adjacent home, they need to construct their home with a 38' front yard setback. Their home is greater than 100 feet from Roger's Lake and is currently under construction. The Ericksons desire to have a three season attached porch constructed in their rear yard and that porch would be within 91.5 feet from the wetlands. See attached letters of explanation from the Ericksons. ACTION REQUIRED: Review request with applicant and make a recommendation to the City Council on granting a permit to allow construction of a three season porch within 91.5 feet of a wetlands. July 31, 1988 City of Mendota Heights Mendota, Heights, Mn. RE: 891 Mendakota Court, Wetlands Permit Gentlemen: Attached please fired a request for a Wetlands Permit to construct a porch and deck on the lake side of the home we are building at the above address. our i7orfle was set back from the street an additional 8 feet to stay in line with the neighbors at 895 Mendakota Court and to provide them ars unobstructed view to the northeast. As a result, we n, --w find our proposed porch and deck 9 feet short of mi n mum set back from Rogers lake. My wife and I would appreciate your careful, consideration of our request and hope for a favorable response at your earliest convenience. Res V ectfu11y; Fred Erickson encl. Site Plan, Architects Drawing PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 23 August 1988 88-32 Fred C. Erickson Southwesterly of Mendakota Court (see sketch) Approval of Wetlands Permit 1. The Erickson's property is a 100 foot wide single-family lot located on Rogers Lake and fronting on Mendakota Court, which you all know is a loop cul-de-sac off of Mendakota Drive. They are constructing a single-family home 38 feet from the front property line. The the normal front yard setback required would have been 30 feet. They propose to build a screen porch on the southwest side of the site (facing the lake), the outer perimeter of which would be placed 91.5 feet from the lake shore. The optimum distance for lake shore development is to be setback 100 feet from the shoreline. 2. Attached is a letter from the applicants noting the nature and reason for their request. 3. The maintenance of the 100 foot setback to water bodies, streams, and wetlands as prescribed in the City's Wetlands Ordinance is an objective that in most cases can be achieved. Though in some cases a distance less than 100 feet is allowed, we believe the Ordinance has been very effective in promoting and achieving the maintenance of this open space contiguous to our wetlands. 4. The real purpose of the Ordinance is to keep manmade development away from wetlands greater than the 30 feet required for a rear yard in the residential districts of Mendota Heights. Without these regulations, many developments are closer to the wetlands than has been the practice since the Ordinance was adopted about twelve years ago. We note this only in that we suggest that the reduction of the 100 feet by a few feet does not violate the Ordinance and is an appropriate subject for application. 5. Under the circumstances in this development proposal, it would appear thatthe retention of the 91.5 foot setback will have a positive impact on the development of the land contiguous to this portion of Rogers Lake. . ���.•� __.—if �.. � � _ r�, I�l'- •,I IIT .• .. ' �,{�? ��\ \�� I - � � ,t'L').a�E � � I.i r_T wENDOTA t U4 PAR 3 GULF •\(PVBu1I •' r ' W f - o cir i. ,�-' . Ili x •y''Sri ,1�,1 1 ••••. •I. ( I, •MARIE ' / '±' (; \ ' • --- _ // AVENUE PARK— - - // ,wI I I (I : •..r — j�, ARI AVE U ; � u � I � � . - 1 �---�11µ•.`•.-�.w•—o'wTf�/y/ �T� ll 14V V � o ' • • __— I • .(feu L • .. co J S T A E H I G W /S Y r' MENDAKOTA GOLF COURSE B COUNTRY CLUB III .Y ADEy PRIVATE) SUBJECT PROPERTY Cr TT I _ NORTH =:: o. I . �I• SCALE V=1000' III � .�� ' Jr_�r, `�=t = _ .. \ � i �, '. • ! '. ♦ f t�• y X � : � � C , �, _�. � __,,, ^ � g, � �'�� • / �, 1-- _. 1 • � . ,fit\� •.. IL _CROWN C CL • • 1 N.S.P. • S TA T E H.IG WAY MENDAKOTA GOLF COURSE COUNTRY CLUB ( PRIVATE) I / a 0 la A7 -_ rl � I �j FIRE HALL �a v ---- -' SUBJECT PROPERTY • NORTH — = SCALE 111=400' _ • IN I Ion • • • • V) • • • • `A J • • TRAIL s �y. NORTH — = SCALE 111=400' _ • IN I Ion • • • • V) • • • • `A J • • TRAIL CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Applicant v Name: K Last First Address: '15 Number & Street " Telephone Number: Owner SAM Y— A5 11L' til:. Name: t First Case No. J�Yd_3 .2- APPLICATION 2 Date of Applicationl���� _I T19gj� Fee Paid Initial City State Zip Initial Address: Number & Street City State Zip Street Location of Property in Question: Legal Description of Property: LOT 1 Type of Request: Rezoning Variance Conditional Use Permit Conditional Use Permit for'P.U.D. Minor.Conditional.Use Permit Subdivision Approval Plan Approval Wetlands Permit ' Other CITY OF MENDOTA HEIGHTS MEMO September 1, 1988 T0: Mayor, City Council and Cit'.., in2qr.�tor FROM: James E. Danielson Public Works Director SUBJECT: Public Works Garage Painting rr`Y nTTN !'ITIITT Staff budgeted $10,000 to paint the exterior of the Public Works Garage this year. We received the following informal quotes on Thursday, September 1, 1988; BIDDER QUOTE Kraus -Anderson Construction Co. $ 5,845.00 J.M.G. Contracting 7,800.00 B & M Painting & Decorating Co. 14,382.00 Swanson & Youngdale, Inc. 16,968.00 Kraus -Anderson is an excellent firm and they tell us that they gave us this extremely good bid because they need the work. They intend to begin painting this week. RECOMMENDATION: Staff recommends that a purchase order be awarded to Kraus -Anderson Con- struction Company for their low bid of $5,845.00 to paint the Public Works Garage. ACTION REQUIRED: If Council desires to implement the staff recommendation they should pass a motion awarding a purchase order to Kraus -Anderson Construction Company. LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON SEPTEMBER 6, 1988 Excavating License: Imperial Developers Gas Piping License: Advanced Mechanical Contractors General Contractors: Lonn's Construction Pump & Meter Service, Inc. VN a O a in Ul Q N N o5nU w f7 I h7 I t+1 r•7 07 1 w m 07 mww mM 1 r� m m In �I U� I ra r� co I) ww cd ra ! iJ ! d h7 ro r.. N rn m a SScdmU, i S I r� i I r•1 9 S 5 I 9 SS U7 ! J 5 r OJQj >. � Um6 G I w I w �a41ww (6 wIw N '. 4 ti - N 0 0. <0o00 0 . a n" .0 ui !o r ao rn cG ro It a s a d +J a Q Ul u -Pr6 4u u a N N 0 N a n pQ G tiNNSd -N l Gi Ul •u H0 U �waw� i m hl A N U m c a d 8 a U c +� r c ,0-i�cogMIP VN a a in Ul Q N N N +, .P � -N >. 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O m D.. p,, P4 �wwwx a rop U U '�� f O t�dN UU•orI zaaUA .EaUAa`�cnAU: O 'o O 0 'M r 0 'm H 0 m. ..o m 'C' o com 0000Mto0NcotnLn 0clt r oLnLn0,ocvuimmra vimr{ri AHF-orwtnaww'IV-womto 0 co �tntomr tnr ml' -Lr n, N Hriv0 mM ui mH .oim CN aµ tOrODIM Nm gtotDr'cOm - '.��I' to to to to to to to ul to to OD co m co co co co co co co co CO CO CO OD H COCO CO ri rl H H H H rlr-I rl H H HH U' ri ri r♦rl rl H rl H rl rI ri ri H H t s 5 1 3 I i i , �,,, ,,"'t 1 a/"" �.•.� �.••� r-., / , f. y. (9'` r l^\ ?,-\ (7\ CITY OF MENDOTA HEIGHTS MEMO SEPTEMBER 1, 1988 TO: Mayor and City Council FROM: Kevin D. �'� --ty Administrator SUBJECT: Renaming of Highway 110 Frontage Road At the August 16 meeting, Council voted to table further discussion and consideration of renaming the Highway 110 Frontage Road to this evening's agenda. Staff was directed to pass on to the Council any additional names that were received in between the meetings. Additional names and their suggestors are: Temple Drive - Fred Fischer, 1163 Veronica Lane Glenhaven Drive - Dorothy Halvorson, West St. Paul City Hall Road or Drive - Mrs. L.V. Asbury, Eagle Ridge The following names were discussed at the August 16 meeting: Garrity Road, Lane or Drive - Leonard Garrity, 1181 Hwy. 110 Madeline Drive - Roger Jenni, 1203 Hwy. 110 City Center Drive Civic Center Drive Community Drive Staff has also provided the following names for consideration: City Hall Drive Pond Circle Maple Leaf Drive Harmony Drive Oak Park Lane Mockingbird Lane Meadow Lane Commerce Street Two River Drive (Street) Wood Duck Drive Marshfield Road ACTION RE UIRED• To select a new name for the Highway 110 Frontage Road. KDF:madlr CITY OF MENDOTA HEIGHTS ma August 30, 1988 l TO: Mayor, City Council and Cit ym' t for FROM: James E. Danielson Public Works Director SUBJECT: Eagle Point Planned Unit Development Amendment Case No. 88-33 DISCUSSION: At their August meeting the Planning Commission conducted a public hearing to consider a planned unit development amendment reducing the den- sity of the Eagle Point Condominiums by 20 units. There was no neighborhood opposition to the proposal. RECOMMENDATION: Subject to the preparation and approval of a landscaping plan, the Planning Commission voted unanimously to recommend approving the project. ACTION REQUIRED: Conduct the required public hearing and then if Council desires to implement the Planning Commission recommendation they should approve the planned unit development amendment subject to the approval of a landscaping plan by staff. CITY OF MENDOTA HEIGHTS NOTICE OF HEARING AUGUST 24, 1988 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Mendota Heights City Council will meet at 8:15 o'clock P.M. on Tuesday, September 6, 1988, in the City Council Chambers, 750 South Plaza Drive, Mendota Heights, to consider a request from C.G. Rein Company for a planned unit development amendment to reduce the number of dwelling units from 27 to 7 in Lot 2, Block 1, Eagle Ridge Plat No. 6. More particularly, this property is located on Eagle Ridge Drive, south of Marie Avenue, east of Victoria. This is pursuant to City of Mendota Heights Ordinance No. 401. Such .persons as desire to be heard with reference to the proposed amendment will be heard at this meeting. Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO TO: Planning Commission August 16, 1988 FROM: James E. Danielson and Paul R. Berg Public Works Director Code Enforcement Officer SUBJECT: Amendment to Planned Unit Development Eagle Point Condominiums - C.G. Rein Mr. Ted Zinner, Vice President, C.G. Rein Company, has been working with the City Planner Howard Dahlgren and staff to develop a concept for reducing the proposed Phase II Eagle Point Condominiums from 27 units to 7 units (see attached letter from applicant). The applicant has reviewed the proposal with the Eagle Point Association and received their endorsement. ACTION REQUIRED: Conduct the required public hearing for the Planned Unit Development amendment to allow the reduction from 27 unit to 7 units and make a recom- mendation to the City Council. DDDC.G. REIN COMPANY 0949 SIBLEY MEMORIAL HIGHWAY, SAINT PAUL, MINNESOTA 55118-3698 D PHONE (612) 455.7100 ❑a August 11, 1988 CITY OF MENDOTA HEIGHTS 750 So. Plaza Dr. Mendota Heights, MN 55118 RE: Amendment of P.U.D. - Eagle Point Condominiums Dear Sirs: The C. G. Rein Company is applying for an amendment to the Planned Unit Develpment pertaining to the second phase of Eagle Point Condominiums. As originally granted, the second phase of Eagle Point Condominiums was to contain 27 residential units. As developer for the second phase, we have determined that 27 condominium units are not economically feasible, given today's market. Therefore, we have adjusted the plans to reflect the current market demand and the needs of our Chief Executive Office, Mr. Clayton Rein. We are proposing to build seven condominium units within a portion of the former footprint as established under the initial Planned Unit Development. The second phase as proposed would be a three-story structure, having the same exterior facade treatment as the existing facility and would mimick the existing rooflines. It is our intention that this structure will in all aspects appear to be a part of the original construction. We would refer you to our drawings which show the site plan and the elevation as proposed. Consistent with the first phase, there will be underground parking, sufficient to provide two garage stalls for each unit. We feel our proposal is a reasonable compromise in going forward with a develop- ment on a scale that meets the market needs. We have reviewed the concept and the plans with the Board of Directors of the Eagle Point Condominium and have received their approval. We look forward to presenting this proposal to the Planning Commission and the City Council of Mendota Heights. Sincerely, C.G. REIN COMPANY Theodore nner, J .% Vice Pres d t TLZ/dl PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 23 August 1988 C. G. Rein Company (Ted Zinner) Northwest of Interstate 35E, Southeast of Eagle Ridge, Road (see sketch) Approval of Amended Planned Unit Development 1. This property was originally approved as a 54 unit condominium of which 27 units were completed in the first phase. Though well built and attractively sited, the market for these units as condominiums has been slow. Ultimately, the applicant purchased the last 4 units of the original 27 units already built and the remaining property for development. 2. The anticipated second phase includes an additional 27 units to be a mirror image of the units already developed. The proposed expansion is indicated by dashed lines on the site plan submitted by the applicant (at a scale of 1" = 301). On the attached map showing the subject property, the lines within the dotted area indicate this expansion. The original development included a swimming pool, lobby, and other common facilities. 3. The C. G. Rein Company, as represented by Ted Zinner, now proposes to develop a total of 7 units occupying a portion of the original footprint. The new structure would be three stories high, though stepped down one level from the original building. This stepping down is a part of the original development proposal and is due to the steep sloping terrain toward the freeway at this point on the site. 4. There will be 3 units constructed on each floor, with a single unit on the third floor to be occupied by Mr. Rein. The two lower levels will be sold at a price of approximately $100.00 per square feet. The smaller of the three units is approximately 1,675 square feet and the largest is 3,124 square feet. The prices will vary between $167,500.00 and $312,400.00. 5. Attached is a letter from Mr. Zinner outlining their proposal. You will note from the drawings and his letter that the building will be constructed with the same materials and details to match the existing structure. Parking will be provided for in the basement level at a ratio of two parking spaces per unit. Additional outside parking will be provided as indicated on the site plan. C. G. Rein Company, Case No. 88-33 Page 2 6. Perhaps our only rninor concern is the fact that an additional 20 units could have been constructed on this site. Thus, the potential for these units in terms of living accommodation and tax base are lost to the City. However, the development plan provides for relatively more open space as it relates to the building area and units proposed, and the quality of this building will be very. rpt C J • v • \ • • �• INA T.\\, W • �` • F w • _ tJ Lu IT • • J • • • �- O I a Z I U • • • • • 3 / I I O ; • a / Z - MARIE I a AVENUE • - PARK • Q • o / • J` • C / Q 6U • 2U 2U • • • • I • ___W / 3U ® / • • � • � • • • '5U 2U �. • •• • f _ (.-- • U p / — - 2 • I l�, lL6U 21 2Uul :...:•. • i I L • • 5U `u / • 1T • • 52U I • 0 • SUBJECT PROPERTY • . • 6u NORTH ` i • �� Qa SCALE 1"=400' CHER • GOOI AY AVEN • s _CROWN C Cl • 3 ��� �� n - - w N.S.P Case No.� CITY OF MENPOTA HEIGHTS DAKOTA COUNTY, MINNESOTA APPLICATION FOR,CONSIDERATION OF PLANNING.REQUEST ' Date of Aplication 8-10-88 Fee Paid 250.00 Applicant Name: C. G. Rein Co. (Ted Zinner) Last First Initial 949 Sibley Memorial Highway, Lilydale, MN 55118 Address: Number & Street City State Zip Telephone Number: 455-7100 Owner Name:Rein Cla ton G. Last First Initial Address: 949 Sibley Memorial Highway, Lilydale, MN 55118 Number & Street City State Zip Street Location of Property in Question: Parcel south of 1830 Eagle Ridge Drive Legal Description of Property: Lot 2, Block 1, Eagle P,i,dge Plat #6 i Type of Request: Rezoning Variance Conditional Use Permit Conditional Use Permit for'P.U.D. Minor.Conditional.Use Permit Subdivision Approval Plan Approval Wetlands Permit x Other _Amendment to P.U.D.reduction of number of resi'denti'al units from 27 to 7 and a reduction in size of building floor plan. t CITY OF MENDOTA HEIGHTS MEMO SEPTEMBER 2, 1988 TO: Mayor and City Council v FROM: Kevin D. el , ity Administrator SUBJECT: Planning Commission Appointment Council needs to appoint a replacement to the Planning Commission seat recently vacated by Stuart Henning. This term expires January 31, 1990. The Council has previously interviewed candidate Bernard Friel, and has the following schedule of interviews beginning at 6:30 P.M. prior to the Council meeting in the Engineering Conference Room, Room 214: Walter Bonfe, 1875 Walsh Lane - 6:30 P.M. Brent Coatney, 2258 Copperfield Drive - 6:40 P.M. Bob Emery, 1183 Dodd Road - 6:50 P.M. Michael Dwyer, 558 Stone Road - 7:00 P.M. Consideration of an appointment has been scheduled on the agenda for the regular Council meeting, so that Council can act on this matter if it is prepared to do so. NOTE• Council should refer to the Planning Commission letters of interest and resumes that were previously forwarded. KDF:madlr CITY OF MENDOTA HEIGHTS MEMO August 31, 1988 TO: Mayor, City Council and City Ard at or FROM: James E. Danielson Public Works Director SUBJECT: Kuross Preliminary Plat Case No. 88-31 DISCUSSION: At their August meeting the Planning Commission conducted a public hearing to consider a subdivision request from Mr. Art Kuross (see attached staff memos). Since the Planning Commission meeting it was noted that Mr. Kuross did not have proposed names for the plat or street, we asked Mr. Kuross to have names available for Council approval. RECOMMENDATION: The Planning Commission unanimously recommended approving the Kuross preliminary plat subject to the following conditions: 1. That radii be added to the northwest corner of Lot 1, Block 2 and the northeast corner of Lot 2, Block 1. 2. That every effort be made to save pine trees. 3. That Mr. Mikelsons' land be considered and approved for subdivision at this time. 4. That the access to the Ophoven land be made private. ACTION REQUIRED: If Council desires to implement the Planning Commission recommendation they should pass a motion approving the preliminary plat subject to the above listed conditions. CITY OF MENDOTA HEIGHTS TO: Planning Commission FROM: James E. Danielson and Public Works Director SUBJECT: Kuross Preliminary Plat Case No. 88-31 nTgrITgqTnm August 16, 1988 Paul R. Berg Code Enforcement Officer Mr. Art Kuross has been meeting with staff over the past several months to develop the attached seven lot subdivision. Staff offers the following comments on his plan: 1. Several neighbors are affected by the plat; Mr. Valdis Mikelson has been included in the discussion on several occasions and although his preference would be that no develpment occur at this time, we undertand that he finds Mr. Kuross' current layout acceptable. Mr. Ophoven, who is currently attempting to sell his lot, will be provided street access by this subdivision. 2. Costs to install public utilities to this site will be very high because of some particular hardships; a long access road needs to be constructed from Orchard Place and has no fronting lots, sewer main needs to be extended down the bluff to a Trunk Highway 13 sewer main to avoid excessive filling of the lots (the main in Orchard Place is too high). 3. All these lots are in the Mississippi River Critical Area and permits will need to be approved for every new home constructed. 4. All the lots meet or exceed the City's minimum requirements for frontage and area. ACTION REQUIRED: Conduct the required public hearing and based on input from the hearing and discussion with the applicant make a recommendation to the City Council. PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 23 August 1988 88-31 Arthur Kuross North of Orchard Place, West of Lexington Avenue (see sketch) Approval of Preliminary Plat 1. This platting proposal is very unusual and has been the subject of many discussions with the applicant, neighbors, and City Staff over an extended period of time (several year We reduced the plat in scale and applied it over a portion of the base map, a copy of which is attached. You will note that the easterly portion of the property was at one time platted with Silk Avenue extending down the center of the properties west from Lexington Avenue. That street was vacated, and the north portion of the area is now occupied as a single parcel by Valdis Mikelsons. The south portion of the land south of the old Silk Avenue is owned by the applicants, Arthur and Violette Kuross, who also own the west portion of the affected property. The objective was to devise a public street system that would provide for the development of the land, much of which was landlocked by the vacation of Silk Avenue. 2. Another objective of the plat was to provide access to the Ophoven property which is a 1.15 acre site on the top of a knoll with a very steep decent northwest toward Trunk Highway 13. Some of you will recall Mr. Ophoven's proposal of a year or two ago to build a private driveway up to the top of this knoll. It would have been very steep and very expensive. At that time, we suggested that gaining access from the top would be far more appropriate and practical. This is now being proposed as a part of this plat. 3. You will notice that the lots are somewhat of an unusual shape, but all of the lots appear to be buildable and exceed the minimum area of 15,000 square feet and 100 feet of frontage (as measured at the building line). 4. The cul-de-sac, proposed is about 150 feet in length. The prescribed minimum length for such a cul-de-sac is 500 feet. We suggest, however, that in this case the cul-de-sac as proposed represents the only optimum method of development for the land. 5. Mr. Mikelsons has indicated to the Staff that he does not propose to develop in the immediate future the four lots north of the cul-de-sac. However, the land could be divided as shown, providing eleven additional home sites in this area of the City (counting Mr. Ophoven's parcel as one). Legal Description of Property () Case No.� Date of Application / Fee Paid 33Y"' Initial n State Initiai State GIP CITY OF MENDOTA HEIGHTS MEMO SEPTEMBER 1, 1988 TO: Mayor, City Council and City d�i��trator FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Case No. 88-34, Tountas, Variance 828 Deer Trail Point DISCUSSION: Bjorklund Construction is proposing to build a new home for Dr. and Mrs. Chris Tountas on Lot 5, Block 1, Deer Trail Hills. This particular lot will require a large amount of earth work in preparation for construction on the site. The west or rear portion of the lot has a steep slope which will be altered by engineering methods for slope erosion protection, which is very costly. Bjorklund and Dr. Tountas have been advised by their engineer to try to move the house closer to the front property line which will save the homeowner a large sum of money. The site plan as submitted shows a small portion of the garage corner to encroach on the required 30 foot setback by approximately 3.5 feet. Dr. Tountas is requesting that the City Council waive the Planning Commission review due to time constraints. If the Planning Commission review were to be held, Bjorklund would not be able to start construction until October 5. RECOMMENDATION• Staff concurs with the engineer and recommends that Council grant the requested 26.5' front yard setback. ACTION REQUIRED: If Council wishes to implement the staff recommendation to grant the 26.5 foot front yard setback and waiving of the Planning Commission review, it should pass a motion of approval. PRB:madlr attachments Clui; I' IlxIIII,, PA I)- I'/1. "I"d M, '14,11 N'kf!,g to3 Y ���II� Ila nLq, Su c�•t I�u4w A03 ,�•nI !.nII. M❑,�� ,,ol `;510+1 August 30, 1988 City of Mendota Heights City Council 750 South Plaza Drive Mendota Heights, MN Dear City Council: We are planning to build a home on Deer Trail Point. In order to protect the steep slope in the back of the house we have been advised by the contractor, Mr. Richard Bjorklund, and the engineer consultants that it woula be advisable to move the garage corner approximately 3 1/2 feet, yet maintaining the 10 foot set back on either side of the house. There have been many delays in evaluating the site and we would appreciate a decision prior to your regular meeting so that building can begin. Thank you for your consideration. Sincerely yours, &,&, D-QL-J�, - V Dr. and Mrs. Chris P. Tountas cc: Howard Dahlgren �1�Inl�rll�IlllrA""', li,mt, y-IIIIrilancl (612)641-0673 Iildnnl.v�<d1f ,inrrlr•nf�.�I�I�,Ithllnq�� lit`,']I •Iy / / to I oll N -----_ \ CITY OF MENDOTA HEIGHTS MEMO September 1, 1988 TO: Mayor, City Council and Cityrator FROM: James E. Danielson Public Works Director SUBJECT: Brainard Variance Case No. 86-33 TAT I1/I TT OTn?,T. Mr. Donald Brainard, 1705 South Victoria, was before the Council on October 7, 198p(,requesting a 21 foot 2 inch variance to construct a garage. Council tabled action on the request allowing Mr. Brainard time to reduce the size of the variance (see attached Council minutes, letterof request from Mr. Brainard and revised site plan). RECOMMENDATION: Planning Commission recommended approval of the request in 1986. ACTION REQUIRED: If Council desires to allow construction of the garage they should pass a motion approving an 11 foot 2 inch variance for 1705 South Victoria. Page No. % October 7, 1986 Councilmember Blesener expressed concern over setting a precedent for such'a large variance. Councilmember Cummins stated he would be more comfortable with a 10 foot variance, rather than a 21 foot, 2 inch variance. Councilmember Cummins moved to table action on the variance to allow the applicant to re -configure a plan that would require less of a variance. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CASE NO. 86-34, Mr. Patrick Hinderscheid was present to request HINDERSCHEID, approval of a 3,000 square foot lot area VARIANCE variance to allow construction of a home on Lot 6, Block 1, Kirchner's Addition (547 John Street) . Ayes: 5 Nays: 0 Councilmember Cummins moved approval of a 3,000 square foot lot area variance as requested. Councilmember Witt -seconded the motion. placed back on the agenda. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE NO. 86-33, Mr. Donald Brainerd, 1705 South Victoria, was BRAINERD, VARIANCE present to request a 21 foot, 2 inch front yard setback variance to allow construction of an attached two car garage to the front of his home. It was noted that all of the homes along Victoria are set back in excess of the required 3'0 foot front yard setback, with the average established setback of three of the homes being 51 feet 2 inches. Mr Brainerd's garage addition would still be within the City's minimum 30 foot front yard setback, but in excess of 21 feet in front of his neighbors. Mr. Brainerd had received written approval from two of his adjacent neighbors for his proposal. Councilmember Blesener expressed concern over setting a precedent for such'a large variance. Councilmember Cummins stated he would be more comfortable with a 10 foot variance, rather than a 21 foot, 2 inch variance. Councilmember Cummins moved to table action on the variance to allow the applicant to re -configure a plan that would require less of a variance. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CASE NO. 86-34, Mr. Patrick Hinderscheid was present to request HINDERSCHEID, approval of a 3,000 square foot lot area VARIANCE variance to allow construction of a home on Lot 6, Block 1, Kirchner's Addition (547 John Street) . Ayes: 5 Nays: 0 Councilmember Cummins moved approval of a 3,000 square foot lot area variance as requested. Councilmember Witt -seconded the motion. Multi Photo services 1706 Viotoria Road Mendota Heights Minnesota 66118 812/462.8747 Don Brainerd Case No. 86-33 Mr. Jim Danielson Digineering Dept. City of Mendota Heights 1.1r. Danielson: Than1-, you for meeting with me and takAng the time to hell) in sorting out our variance request.. Refering to the minutes of the October 7, 1986 City Council fleeting, my request. for a 20 foot extension garage requiring a 21 foot, 2 inch variance was denied and tabled for pos i_ble configurations allowing for less of a variance. I could lite to bring this back, proposing a 10 foot extension requiring a 11 foot, 2 inch variance. The ,applicable blueprints are enclosed. I am sorry I have taken so long in returning this to the attention of the city council ,and your department, I h,:ve been working exceptionally long and varied hours on our family business and have not been able to get to,, -,)other with fitly resident architect,my father, in order to revir�e our plans. I appreciate your help in getting this back on track so that we can begin the process of get Ling the work done before winter. Thank you again. Sincerely, C: t Donald B. Brainerd CITY OF MENDOTA HEIGHTS MEMO AUGUST 30, 1988 TO: Mayor and City Council FROM: Kevin D. - City Administrator SUBJECT: Contract for Development of Curley's Tot Lot Attached is the revised contract between the City and the Valley View Heights Civic Association for development and maintenance of Lot 10, Block 1, Curley's Valley View Addition Tot Lot. The agreement has been approved both by City Attorney Tom Hart and by Association representative David Ayers. I would particularly draw your attention to the following provisions: Paravraph 6 - it is indicated that the City will name the Association as an additional insured on the City's insurance policy, with the Association to annually reimburse the City for the cost of any additional premium attributable to that coverage. At present, our insurance agent indicates that there will be no charge for this coverage. Paragraph 9 - this paragraph sets forth the rights of the City to set standards for maintenance of the park, and a process for notifying the Association if those standards are not being maintained. Paragraph 10 - as I suggested at the August 16 meeting, we have inserted a unilateral termination clause which may be exercised by either party upon 180 days prior notice. ACTION REQUIRED: Motion to authorize the contract for park development Civic Association, Inc. KDF:madlr attachment Mayor and City Clerk to sign the with the Valley View Heights CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA CONTRACT FOR PARK DEVELOPMENT This Agreement, made and entered into this 6th day of September, 1988, by and between the City of Mendota Heights, Dakota County, Minnesota (hereinafter called the "City") and Valley View Heights Civic Association, Inc. (hereinafter called the Association). WITNESSETH: WHEREAS, the Association has requested the City to provide for playground improvements on Lot 10, Block 1 of Curley's Valley View Addition located at the intersection of Cullen Avenue and Timmy Street and WHEREAS, the City has agreed to prepare the lot for construction of playground equipment by the Association and to provide up to $4,000.00 toward the cost of the equipment subject to the Association maintaining it. NOW THEREFORE, it is hereby agreed by and between the two parties as follows: 1. The City will grade the lot according to the attached plan dated June 1, 1988. Grading will be completed by approximately October 15, 1988. 2. The City will extend the culvert through the park, approximately 175 feet. 3. The City will sod high traffic and erodible areas and seed the remaining areas. The City will also provide pea rock in the area designated for the playground structure. 4. The Association will select the play structure to be installed subject to the City's approval. The City will purchase the play structure with the city's costs to be limited to $4,000.00; any additional cost will be paid by the Association. The City reserves the right to approve the location of any structures and the City will coordinate the installation of the equipment with the installers. 5. The Association will perform all routine maintenance on the park including, but not limited to lawn mowing, weeding, fertilizing, and routine upkeep of the equipment. 6. The City will provide liability insurance for itself and will have the Association named as an Additional Insured on the City's insurance policy. The Association will annually reimburse the City for the additional premium attributed to the additional Insured provision. 7. In the event that the Association initiates litigation based on or arising out of this agreement, including an action seeking specific performance, the prevailing party in such litigation shall be entitled to reimbursement from the non -prevailing party of all costs and expenses including attorney's fees incurred in connection with such litigation. 8. For all purposes under this agreement, written notice to the City shall be addressed to the City of Mendota Heights C/o City Administrator at its City Hall address, notice to the association shall be addressed to the last known president of the Association at his residential address within the City:.of Mendota .Heights; and such written notice shall be legally sufficient to provide notice to each of the parties. 9. In the event that the Association fails to maintain the park to a standard equivalent to those maintained by the City for other community parks, the City shall provide the Association with written notice of its findings of such failure. If, within 30 days of the mailing of such notice by the City the Association has not brought the park up to acceptable standards, the City may at its option and without further notice, remove the facilities and equipment, and revert the use of Lot 10 Block 1 Curley's Valley View Addition to its underlying zoning use. 10. Either party may terminate this agreement upon 180 days prior notice to the other party. Upon such termination, the City shall have sole discretion over the use or disposal of the property, consistent with underlying zoning. CITY OF MENDOTA HEIGHTS Charles E. Mertensotto, David L. Ayers, Mayor President Valley View Civic Association, Inc. Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS MEMO SEPTEMBER 1, 1988 TO: Mayor, City Council and CitA istrator "" FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Building Permit Approval for the American Registry of Radiologic Technologists (ARRT) DISCUSSION• The Design Partnership Ltd. Architects have submitted for staff review a site plan/proof of parking, concept, landscaping plan and a grading and utility plan. In addition, the architect has submitted for Council review first floor plan, second floor plan, elevation drawings, and building section drawings. The building is proposed to be constructed on Lots 6 and 7, Block 4, Mendota Heights Industrial Park. The building will be a two story structure containing 29,800 square feet. The first floor will have 17,800 gross square feet and the second floor will have 12,000 gross square feet. Staff hasn't received complete drawings and specifications at this time. Therefore the plan review has not been accomplished. ARRT is requesting City Council consideration of a proof of parking plan, rather than providing the required 119 parking spaces as required by the zoning ordinance. The plan shows 36 parking spaces and proof of parking for 83 spaces. THE AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGISTS August 29, 1988 TRUSTEES APPOINTED BY THE AMERICAN COLLEGE OF RADIOLOGY C. David Teates, M.D., President ......... University of Virginia Medical Center, Box 486, Charlottesville, VA 22908 Kenneth R. Stevens, M.D., Treasurer .......Oregon Health Sciences University, Department of Radiation Therapy 3181 SW Sam Jackson Park Road, Portland, OR 97201 Richard S. Colvin, M.D..................... Emory University Hospital, 1364 Clifton Road NE, Atlanta, GA 30322 Jonathan L. Stolz, M.D. ................ Community General Hospital, 145 North Sixth Street, Reading, PA 19601 APPOINTED BY THE AMERICAN SOCIETY OF RADIOLOGIC TECHNOLOGISTS Becky A. Kruse, R.T. (R) (ARRT), Vice President ............. Oregon Health Sciences University, Radiology L340 3181 SW Sam Jackson Park Road, Portland, OR 97201 Jane A. Ward, R.T. (R) (N) (ARRT), Secretary ...................... I .... School of Allied Health Sciences -1601, Weber State College, Ogden, UT 84408 Salvatore T. Martino, R.T. (R) (ARRT) ................ Hostos Community College (CUNY), 475 Grand Concourse Bronx, NY 10451 Elona A. McLees, R.T. (R)(T)(ARRT)................................. University of Iowa Hospitals & Clinics, Radiation Therapy Division W 189 ZGH, Iowa City, IA 52242 EXECUTIVE DIRECTOR: Roland C. McGowan, R.T. (R)(ARRT)........................2600 Wayzata Boulevard Minneapolis, Minnesota 55405 Telephone: (612) 377-8416 Kevin Frazell City Administrator, Mendota Heights 750 South Plaza Drive Mendota Heights, Minnesota 55150 Re: Lots 6 & 7 Mendota Heights Business Park Dear Sir: As you know we are planning construction of a national headquarters building at the above location. In the plans for such construction we are providing parking for 36 parking spaces while maintaining proof of parking for an additional 83 spaces. This configuration has been discussed with the city Planning Commission and with United Properties. This is to assure that the American Technologists will not in the future modifications in this building plan without consultation and approval of Heights. Sincerely yours Roland C. McGowan, R.T.(R)(ARRT) Executive Director CC: Victor Perlbach The Design Partnership, Ltd. Registry of Radiologic undertake any and parking configuration the City of Mendota CITY OF MENDOTA HEIGHTS MEMO SEPTEMBER 1, 1988 TO: Mayor, City Council and Cit A istrator "... FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Building Permit Approval for the American Registry of Radiologic Technologists (ARRT) DISCUSSION• The Design Partnership Ltd. Architects have submitted for staff review a site plan/proof of parking, concept, landscaping plan and a grading and utility plan. In addition, the architect has submitted for Council review first floor plan, second floor plan, elevation drawings, and building section drawings. The building is proposed to be constructed on Lots 6 and 7, Block 4, Mendota Heights Industrial Park. The building will be a two story structure containing 29,800 square feet. The first floor will have 17,800 gross square feet and the second floor will have 12,000 gross square feet. Staff hasn't received complete drawings and specifications at this time. Therefore the plan review has not been accomplished. ARRT is requesting City Council consideration of a proof of parking plan, rather than providing the required 119 parking spaces as required by the zoning ordinance. The plan shows 36 parking spaces and proof of parking for 83 spaces. THE AMERICAN REGISTRY OF RADIOLOGIC TECHNOLOGISTS August 29, 1988 TRUSTEES APPOINTED BY THE AMERICAN COLLEGE OF RADIOLOGY C. David Teates, M.D., President ......... University of Virginia Medical Center, Box 486, Charlottesville, VA 22908 Kenneth R. Stevens, M.D., Treasurer .......Oregon Health Sciences University, Department of Radiation Therapy 3181 SW Sam Jackson Park Road, Portland, OR 97201 Richard S. Colvin, M.D..................... Emory University Hospital, 1364 Clifton Road NE, Atlanta, GA 30322 Jonathan L. Stolz, M.D. . . ... .......... Community General Hospital, 145 North Sixth Street, Reading, PA 19601 APPOINTED BY THE AMERICAN SOCIETY OF RADIOLOGIC TECHNOLOGISTS Becky A. Kruse, R.T. (R) (ARRT), Vice President .............Oregon Health Sciences University, Radiology L340 3181 SW Sam Jackson Park Road, Portland, OR 97201 Jane A. Ward, R.T. (R)(N) (ARRT), Secretary ............. I ............. School of Allied Health Sciences -1601, Weber State College, Ogden, UT 84408 Salvatore T. Martino, R.T. (R) (ARRT) ................ Hostos Community College (CONY), 475 Grand Concourse Bronx, NY 10451 Elona A. McLees, R.T. (R) (T) (ARRT)................................. University of Iowa Hospitals & Clinics, Radiation Therapy Division W 189 ZGH, Iowa City, IA 52242 EXECUTIVE DIRECTOR: Roland C. McGowan, R.T. (R) (ARRT)........................2600 Wayzata Boulevard Minneapolis, Minnesota 55405 Telephone: (612) 377-8416 Kevin Frazell City Administrator, Mendota Heights 750 South Plaza Drive Mendota Heights, Minnesota 55150 Re: Lots 6 & 7 Mendota Heights Business Park Dear Sir: As you know we are planning construction of a national headquarters building at the above location. In the plans for such construction we are providing parking for 36 parking spaces while maintaining proof of parking for an additional 83 spaces. This configuration has been discussed with the city Planning Commission and with United Properties. This is to assure that the American Technologists will not in the future modifications in this building plan without consultation and approval of Heights. Sincerely yours Iia---2.a-,-.�-- L- • �"`�c��. Roland C. McGowan, R.T.(R)(ARRT) Executive Director CC: Victor Perlbach The Design Partnership, Ltd. Registry of Radiologic undertake any and parking configuration the City of Mendota PLANNING REPORT DATE: CASE NUMBER: APPLICANT: ACTION REQUESTED: PREPARED FOR: PREPARED BY: PLANNING CONSIDERATIONS: 6 September 1988 American Registry of Radiologic Technologists, (A.R.R.T.) Headquarters Parking Variance, Sign Setback Variance Mendota Heights City Council & Staff Tim Malloy Dahlgren, Shardlow, & Uban 1. The location of the proposed A.R.R.T. Headquarters is shown on the enclosed xeroxed portion of the City's street map. The project is to occupy Lots 6 and 7 of Block 4 in the Mendota Heights Industrial Park. The project is designed as a two story structure with at grade parking. The building will be 29,800 square feet in total gross floor area and will be located on a 179,824 square foot site. The building's first floor footprint is 17,800 square feet constituting approximately 10 percent of coverage, only one-fifth of the maximum coverage allowed. The general configuration of the site is shown on the attached site plan. 2. The facility will be used as an archive and conference center with a small number of administrative offices. A letter describing the specific parking needs and how the facility will function is being submitted by a representative from A.R.R.T., (the applicant is requesting a variance from the parking requirement . with -a proof of parking plan). As a conference facility, A.R.R.T. plans to keep a minimum staff on site on a daily basis and intends to fly personnel in from some of its other. facilities around the country for short term conferences and seminars. This will result in many of the people visiting the facility utilizing taxi service or car pooling from the airport or nearly hotels, thereby reducing the need for parking. The developer is requesting a variance from the parking requirement based on this reduced need. The architect has submitted with his materials a proof of parking sketch, a reduced copy of which is attached to this report. This parking layout meets all of the requirements for setbacks and ppovides for a total of 152 parking stalls. The City requires one parking stall for each 200 square feet of net usable floor area exclusive of hallways, elevators, storage, and mechanical areas. The net usable floor area of the A.R.R.T. Building is 25,436 square feet, therefore, the required parking is 127 stalls. The project's proof of parking exceeds the required parking by 25 stalls. 3. Also attached to this report is a copy of the projects preliminary landscape concept plan. This plan shows a freestanding sign located on the island dividing the entry drive which is located within the required 40 foot front yard setback. The sign as shown is approximately 10 feet from the R.O.W., therefore, a variance of 30. feet would. be required. To fully evaluate the impact of this variance would require a sketch of the sign showing its size and design, and specifying the materials to be used. No sketch has been provided at the time of this review. However, if the design of the sign is commensurate with the high quality of the architecture, I would anticipate that it would be acceptable. 4. The landscape plan also shows a service area on the buildings east side facing the future Carrier Road. The existing R.O.W. for Carrier Road abuts the eastern edge of the site. The proposed Carrier Road will provide a last option to circulate through the industrial park, for vehicles headed east on Northland Drive, before exiting the area on the southbound lane of Highway 55. Also, Highway 55 has a median in this area restricting left turning movements. Therefore, any traffic wanting to circulate between the northbound lane of Highway 55 and the lots in the southeast corner of the industrial park, adjacent to I-494 and Highway 55, must use Mendota Heights Road and loop back to this area via Transport Drive and Northland Drive. As the lots in this area develop, the need for a connection at Carrier Road will increase. The project's designers have recognized this and have respected the setbacks on this side of the site and provided a landscape berm to screen the service access and loading area from the future roadway. 5. Overall, the structure is well sited and the reduced parking requirement allows for generous open space around it. The quality of the architecture and materials is high and the symmetrical site plan compliments the building's classical detailing. The project would provide an attractive addition to the Mendota Heights Industrial Park. 3AIda W c r r cc o1v TLV 1 - � \ )yid o •, � 0 I. A10 W GVOd U3188VO LU Q. ao W I- IL W U) a 3AIda W c r r cc o1v TLV 1 - � \ )yid o •, � t 5 0 mT N N� r i O i Ol N i N� O N- W • r 3t J N O U J o N W LL o �� Q CL O 5 CITY OF MENDOTA HEIGHTS MEMO August 31, 1988 TO: Mayor, City Council and City m' ,)b FROM: James E. Danielson Public Works Director SUBJECT: Pabst Street Vacation -Onrrnarn T. At their last meeting Council conducted a public hearing to consider vacating a portion of street right-of-way adjacent to Lloyd's Meats (see attached drawing). Council tabled action on the vacation pending reconfir- mation from current landowners that they were aware of, and approved of landlocking Outlots A and B Pabst Addition. Current landowners will be present at this meeting to discuss Council's concerns. RECOMMENDATION: Staff Recommends granting the requested vacation. ACTION REQUIRED: If Council desires to implement the staff recommendation they should pass a motion adopting Resolution No. 88-_1 RESOLUTION APPROVING VACATION OF A STREET RIGHT-OF-WAY. Note: Resolution has been modified to include language acknowledging landlocking Outlots A and B, Pabst Addition. ELYN PMRRON z(0o93-A 032-78 52 0.33 Lot 1, Block 1, Pabst Add. IkQ� HENRY E, PH 5 042-78 Outlot A o�� 8 iod'•6 •��, 041 78 c. �3, k GSo�3o 050 -fie 5 ; Aqt 126 �� , p 60 3.Ole � x,93 .9� a=0°j6�36_- �' 06008 F Sn n _ 96 m o IJ. UYT m o / •12.5 R:97Y.i7 ;•441iL 06 1 4 h' �• n ° \bba.b� yNM So"fh v, 0 .ip,sor64j -Sno '�L-. 010-04 ' 3" &V 3 0 + N . 1 OJ Q U ' Cr CO iN ' A 1 d 3uy. n a o,a outl°t. B-- CNJ Q G N Q� Ir1 OD: d v b v 0 YJ/9 e O NORTHWEST Pi. AsT/cS., INC. -�rLA4 1Lo9i -G 070-78 — -Street Easement to be Vacated T g 4V 26092.4 020-79 1 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 88 - RESOLUTION APPROVING VACATION OF A STREET RIGHT-OF-WAY WHEREAS, the City of Mendota Heights is the current record owner of a street right-of-way as described as follows; and Forever, an easement for road purposes over and across the Easterly Sixty Feet (601) of that tract or parcel of land lying and being in the County of Dakota and State of Minnesota described as follows, to -wit: That part of Government Lot 2, Section 33, Township 28 North, Range 23 West, described as follows: Commencing at the Southeast corner of said Section 33; thence North OD OOM East (assumed bearing) along the East line of said Section 33 a distance of 1320.00 feet; thence North 90D OOM West, 660.0 feet to the beginning of the property to be described said point being in the centerline of Mendota Heights Road; thence North OOD OM East, 255.95 feet; thence North 68D 07M 30S West, 481.25 feet to the Easterly R/W line fo the new STH No. 13; thence South 21D 42M 30S West, along said R/W line 217.60 feet; thence on a tangent curve concave to the Northwest, radius 3932.22 feet, central angle OD 55M 47S, arc distance 63.81 feet to the centerline of the Mendota Heights; thence S 60D OOM East, along said centerline 97.96 feet; thence on a tangent curve concave to the Northeast, radius 934.17 feet, central angel 30D OOM, arc.distance 489.13 feet to the beginning, containing 3.55 acres more or less, subject to said Mendota Heights Road. WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable Minnesota Statutes; and WHEREAS, a public hearing was held on said vacation on August 16, 1988, at 7:45 o'clock P.M., at the City Hall of the City of Mendota Heights; and WHEREAS, the City Council then proceeded to hear all persons interested in said vacation and all persons were afforded an opportunity to present their views and objections to the granting of said petition. WHEREAS, vacation of the street right-of-way described above land -locks Out - lots A and B, Pabst Addition precluding any additional development of the landlocked areas; and WHEREAS, current landowners acknowledge and approve of said landlocking. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the street right-of-way described above, sit- uated in the City of Mendota Heights, is in the best interest of the public and the City, and is not detrimental to the health, safety and welfare of the community. 2. That the above described street right-of-way be and the same is hereby vacated. 3. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials a notice of com- pletion of these vacation proceedings, all in accordance with the applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this 6th day of September, 1988•. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS MEMO AUGUST 30, 1988 TO: Mayor and City Council FROM: Kevin L-66Vell, City Administrator SUBJECT: Market Concern with Lexington/TH 110 Redevelopment Project INTRODUCTION• At the August 16 meeting, Council received a presentation from John Duffy and Tom Curley concerning the proposed redevelopment of the commercial area at the southeast corner of Lexington and Highway 110. The proposal included the application of some $3-$400,000 of City tax increment financing funds for the removal of the existing SOS Convenience Store and the Curley's Furniture Library. Proposed redevelopment included a 32,000 square foot strip retail mall and a Superamerica convenience store/gas station. During the discussion, Council indicated that it would definitely like to see this corner redeveloped, and was amenable to the idea of the shopping center. Council did not, however, endorse the idea of a Superamerica station on the corner, and suggested that the developer look at an alternative use, perhaps an office building. Staff was directed to work further with the developer in coming up with a plan along the lines of the Council discussion. DISCUSSION• The August 16 discussion centered around aesthetic standards, and the desire to have an "upscale" type image to be compatible with the new city hall across the street. While this is a laudible goal, I think we need to also address the equally vital concern of the market viability of the center. Shopping districts in Mendota Heights have not had a very successful history, and I think we should proceed with caution, particularly since a substantial public subsidy is being considered for this project. For Council reading, I am enclosing copies of a few pages from the Shopping Center Development Handbook, published by the Urban Land Institute. The narrative discusses the types of shopping centers that are found in urban settings, and some of the keys to making them successful. It would seem to me that the proposal falls within the definition of a Neighborhood Shopping Center. Several pages are also included on determining project feasibility. Council will recall that in 1986, Mendakota Country Club was contemplating the construction of a neighborhood shopping center at the southwest corner of Dodd Road and Highway 110. A preliminary market analysis of the site was performed by consultant James B. Knutson and Associates, and the following conclusion of a finding from that report would seem to be very applicable to the Lexington/110 site: The retail potential is limited by the small pop- ulation base of a potential trade area for a neigh- borhood center. However, the access provided by the I-494 and I -35E freeways and Highways 110 and 149 provide good access to the area population and employment base. Traffic volumes adjacent to the site are good. Therefore, the site could be developed if a large destination retailer could be attracted to the site. Depending on the nature of the retail tenant, compatible retail shops could be developed along with the major store. (Emphasis mine). The point I'm getting to is that without a major anchor tenant, I question whether the 32,000 square foot shopping center proposed has market viability. The Superamerica probably would have provided the function of a "large destination retailer", and brought numerous customers into the ancillary shops in the shopping center. The alternative of an office building will do little or nothing to enhance the center. I have discussed this with developer John Duffy, and he continues to be confident about the viability of the center. He bases his optimism on the fact that several retail businesses have indicated a willingness to sign five year leases, and indicates that those were not contingent on being next to the Superamerica store. However, I remain skeptical, and would suggest that we ought to have further verification of the center's feasibility before agreeing to insert significant public dollars into the project. Along with the above concerns about market viability, I think we should also spend some time addressing what our goals are for the few shopping areas we have in the community. It would seem to me that retailers of convenience goods and daily personal services are what Mendota Heights residents most need, versus specialty retail. Some of the proposed uses in the Curley shopping center, in my opinion, fall more in the latter category. ALTERNATIVES: Assuming that Council continues to desire redevelopment of this site, but does not want a high volume use like Super - America on the corner, I would see the following alternatives: 1. Proceed into the redevelopment project as requested, accepting the word of the developer that this is a viable shopping center. 2. Exercise our own good judgement about what types of retailers we believe would be most successful in the community, and direct the developer to come back with a plan that incorporates those types of uses. 3. Require the developer to provide a professionally done market study indicating that either the center as proposed is viable, or making recommendations for how to improve the viability of the center. 4. Commission a City market study, paid for from the tax increment district, so as to have independent verification of the center's viability. RECOMMENDATION• I do not recommend alternative #1. I think there is too much at stake here, both in terms of the public investment and the future of this corner as an asset to the community, to simply proceed on "blind faith". Alternative #4, commissioning our own market study, would probably be the safest route, and give us a base of information from which to work aggressively with the developers to end up with the type of shopping center we would like to have. Alternatives #2 or #3 would seem to be reasonable mechanisms for increasing our comfort level, without the need for as much City financial involvement in consultant studies. ACTION REQUIRED: To select a course of action and direct staff accordingly. KDF:madlr enclosures etc. These tenants need positions in a center where they can feed off the traffic generated by stores selling shopping, specialty, and conve- nience goods. Many of these types of stores could not exist outside a shopping center environment, which brings customers. The Key Types of Shopping Centers Shopping centers were originally divided into three principal categories—neighborhood, community, and regional—each with a clear and distinct function, trade area, and tenant mix. However, in actual prac- tice, the distinction among the three types has not always been clear. Further, as specialized market op- portunities have been identified, several subtypes of centers have evolved. These subtypes can themselves be considered distinct and basic categories or they can be considered subtypes of the three basic catego- ries, with trade area characteristics used as the con- trolling factors in classification. In all cases, even within the variations, the major tenant classification determines the type of shopping center. Tenant classifications and auxiliary facilities are in keeping with the territory from which the cen- ter draws customers. Neither the site area nor the building size determines the type of center. The industry has often classified centers by size alone. In fact, a major survey of centers published biennially,l' as well as much of the work of ICSC, has used size to classify centers. However, size alone is inadequate in defining shopping centers since it im- plies a direct correlation between center size and trade area, tenant characteristics and mix, and func- tions served in terms of categories of retail goods. This 1-2 The neighborhood center offers convenience goods and per- sonal services. handbook classifies shopping center types by using all of these factors. Neighborhood Shopping Center The neighborhood center provides for the sale of con- venience goods (food, drugs, and sundries) and per- sonal services (those that meet the daily needs of an immediate neighborhood trade area). A supermarket is the principal anchor tenant in the neighborhood center. Consumer shopping patterns show that geographical convenience is the most im- portant factor determining the shopper's choice of supermarkets. A wide selection of merchandise and customer service are secondary considerations. Other principal tenants in the neighborhood center are the drugstore and the small variety store. Often centers not having a supermarket but similar in GLA to neigh- borhood centers are referred to as neighborhood cen- ters; however, unless other food tenants can be aggre- gated as the equivalent to a supermarket, the center would probably be more appropriately classified as a small community center (since to be successful it would likely have to draw from a larger market area). The neighborhood center has a typical gross leasa- ble area of about 5-- _ 0,000 square feet in whic to per- form the functions ascribed to it; however, it may generally r_ ange from 3Q.000 to 100,000 square feet. In Dollars & Cents of Shopping Centers: 1984, the neigh- borhood center had a median size of 62,525 square feet in a sample of 388 centers.' Its site area requires from three to 10 acres; the neighborhood center nor- mally serves a trade area population of 3,000 to 40,000 people within a five- to 10 -minute drive. It has a parking index of approximately four spaces per 1,000 square feet of GLA. Community Shopping Center Initially, the community center was developed around a junior department store or large variety store as its anchor tenant, in addition to the supermarket. Of all the basic center types, the community center has undergone and is undergoing the most change in characteristics. The junior department store and vari- ety store, while not extinct as anchor tenants, are less prevalent, having been supplanted as principal an - 1' Shopping Center World, Communication Channels, Inc., New York. Since 1973 a census has been conducted every two years and reported in the January issue of the odd -numbered year. 7 Urban Land Institute, Dollars & Cents of Shopping Centers: 1984 (Washington, D.C.: ULI—the Urban Land Institute, 1984), p. 155. 1-3 The community center has a typical gross leasable area of about 150,000 square feet and often has a discount or off-price department store as the principal anchor tenant. chor tenants by the discount or off-price department store, or by a strong specialty store such as a hardware/ building/home improvement store or a combined drug/variety/garden center. Large-scale furniture warehouse stores and discount catalog display and pickup stores are other possible anchor tenants. A community shopping center can largely be de- fined by what it does and does not have. It does not Have a full -line department store, which would auto- matically categorize it as a regional shopping center. It does have a market area larger than a neighborhood center and thus draws customers from a' longer dis- tance. It offers greater depth and range of merchandise in shopping an specia ty goo s t ant e neighbor- hood center. It tends also to provide certain categories ofgoods t at are less likely to be found in regional centers, such as furniture, hardware, and garden and building supplies. The community center is the "in-between" center; some neighborhood centers have the potential to grow into community centers just as some community cen- ters can expand into regional centers. The community center has a typical gross leasable area of about 150,000 square feet but may range from 100,000 to 300,000 square eet. The median center size out of a sample of 243 centers in Dollars 6 Cents of Shopping Centers: 1984 was 146,774 square feet." The community center needs a site of 10 to 30 acres. It normally serves a trade area population of 40,QQQAo 150,000 people within a 10- to 20- minute_tlrive and as a parking index that ranges from four to five spaces per 1,000 square feet of GLA.' In the metropolitan area, a community center is vulnerable to competition. It is too large to thrive off its immediate neighborhood trade area and too small to make a strong impact on the whole community, unless it is located in a smaller city with a population ranging from 50,000 to 100,000. The development of a strong regional center, with the pulling power of one or more department stores, may impinge on a commu- nity center's trade area. But in a normally strong mar- ket area, both can succeed, even if they are close to one another, because of the difference in the types of merchandise offered and because the community center is a shorter distance from its support market. In cities with populations of 50,000 to 100,000, the community center, although lacking a full -line de- partment store, may actually take on the stature of a regional center because of the center's local domi- nance and pulling power. An off-price or discount store may function as the leading tenant, substituting for a full -line department store. Of all the centers, the community shopping center is the most difficult to estimate in terms of its market size and its drawing power. Because the community center offers some shopping goods and, in certain cases, special categories of goods, the market area is less predictable. Regional Shopping Center The regional center provides shopping goods, general merchandise, apparel, furniture, and home furnish- ings in full depth and variety. Its main attraction, around which the center is built, is the full -line de- partment store, which as a rule has a minimum GLA of 100,000 square feet. While early regional centers typically had only one department store, that is no longer the case: two, three, and, in a few instances, up to five or six department stores have been placed in a single center. Whether several department stores lo- cated in a large regional center or only one store in a smaller regional center, department store sizes have over time both decreased and increased, and now often range from about 40,000 to more than 200,000 square feet. For purposes of analyses, regional shopping centers have been subcategorized into the regional center and the super regional center. To qualify as super regional, a center must have three or more department stores. Thus, by definition, a regional center has one or two department stores. Regional and super regional cen- ters are the largest types of shopping centers. They seek to reproduce shopping facilities once available only in central business districts. The regional center contains a typical gross leasable area of 400,000 square feet and can range from " Ibid., p. 109. s Parking Requirements For Shopping Centers (1982), pp. 2, 17, 18. 1-4 Fairview Mall—a regional center in metropolitan Toronto. Regional and super regional centers offer shoppers a full range of shopping goods, general merchandise, apparel, furniture, and home furnishings. 300,000 to about 1 million square feet.1a From a sam- ple of 108 regional centers, Dollars & Cents of Shop- ping Centers: 1984 found that the median size was 479,477 square feet. A super regional center contains a typical gross leasable area of 800,000 square feet but can range from 500,000 to well over 1 million square feet with a few centers exceeding 1.5 million square feet. Dollars & Cents of Shopping Centers: 1984 also showed a medi- an of 855,454 square feet out of a sample of 93 super regional centers." 1-5 CENTER TYPE Neighborhood Centers Community Centers Regional Centers Regional Center The sites for regional and super regional centers vary dramatically—from 10 acres for a multilevel ur- ban center to over 100 acres for a larger single -level super regional center. The regional center serves a population in excess of 150,000 people, who will often travel more than 25 to 30 minutes to reach the center. Regional and super regional centers attract custom- ers through their ability to offer full ranges of shop- ping facilities and goods, thereby extending their trade areas. Regional and super regionals do not differ in function—only in their range and strength in at- tracting customers. Figure 1-5 compares the characteristics of the three major types of shopping centers. Numbers shown in the table must be regarded only as convenient indica- tors to define the various types of centers; the basic elements of any center may change should it need to adapt to the characteristics of the trade area, includ- ing the nature of the competition, population density, and income levels. The number of people needed to support a shopping center of any type, for example, cannot be fixed, because income level, disposable income, competition, and changing methods of mer- chandising as well as changing store sizes all enter 10 Dollars & Cents of Shopping Centers: 1984, p. 61. 11 Ibid., p. 19. CHARACTERISTICS OF SHOPPING CENTERS LEADING TENANT (BASIS FOR CLASSIFICATION) Supermarket junior Department Store, Large Variety, Discount, or Department Store One or More Full -Line Department Store(s) Super Regional Center Three or More Full -Line Department Store(s) 400,000 300,000— 10-60 150,000 900,000 or More 800,000 500,000-1.5 15-100 300,000 million or more or More or More GENERAL TYPICAL RANGE USUAL MINIMUM GLA IN GLA MINIMUM POPULATION (SQUARE (SQUARE SITE AREA SUPPORT FEET) FEET) (ACRES) REQUIRED 50,000 30,000— 3-10 3,000- 100,000 40,000 150,000 100,000— 10-30 40,000- 300,000 150,000 400,000 300,000— 10-60 150,000 900,000 or More 800,000 500,000-1.5 15-100 300,000 million or more or More or More int,"" ',e calculations. Obviously, no rigid standard for siz, ould be realistic. Local conditions within a trade area (number of households, income levels, ex- isting retail outlets) are more important than any stan- dard population data in estimating the purchasing power needed to support a center. Once more it must be emphasized that tenant com- position and the characteristics of the leading tenant define a shopping center type. Building area, site size, and population do not. The Convenience Center and Strip Commercial Two other types of retail commercial activity—the convenience center and the strip commercial—do not fit easily within the definition of shopping centers. The convenience center is typified by the quick stop convenience store of which there are several national and many regional chains. They substitute today for the mom-and-pop grocery stores of yester- day. Frequently a convenience center is an adjunct to a neig i or food shopping center and, as such, is an_ ►n a ra ar o a center. Or it maybe a freestanding entity or combined with one or two other conve- nience uses, such as a coin-operated laundry, a clean- il ckup service, or a beauty or barber shop. The convenience retail cluster does not fall within the definition of neighborhood centers and is not dis- cussed in detail in this handbook. However, the plan- ning, design, and other concepts of center types pre- sented in this handbook can be applied to it to some degree. Strip commercial development, as distinguished from the "strip shopping center" (a frequently used physical description of a center with a linear configu- ration), is not a shopping center. Strip commercial can be a string of commercially,zoned lots developed independently or a string of retail commercial stores on a sing a site w ere t ere is no anchor tenant and no central management, and where tenant mix results rem easing o avalable enants with good credit, not from planning and executing a leasing program. While not condemning such retail development pat= terns out o ianc t its handbook views such develop_ ment as less likely to experience long-term success,_ to_ give'concern o t e nee s o t gcon�nmerLand_to bv,- an asset to the community it serves. Again, however, miiE oft e guidance and experience presented here can be applied to strip commercial development. I riations of the Major Types Sr,opping centers cannot be neatly confined to three principal categories. The typology of the shopping center is not that simplistic. Even early in its develop- ment, the shopping center form had its variations. However, specialization or subcategorization of shop- ping centers became a definite trend in the 1970s and has continued. The best analogy to this can be found in residential development. Beginning with two basic types—single-family detached houses and rental apartments—it has branched out into townhouses, garden apartments, condominiums, zero -lot -line units, and others. Each type developed in response to a segment of the housing market, just as variations of shopping center types have developed in response to segments of the retail market. Specialty Centers Perhaps the first subcategory classification of shop- ping center that evolved after the principal types were established was the "specialty shopping center." The term was applied to any center that failed to meet the traditional definitions. While the term is widely rec- ognized in the shopping center industry as an appro- priate classification for nontraditional shopping cen- ters, the industry has never agreed on a clear definition of it. One salient characteristic that has often differentiated a specialty center from a conven- tional center has been the absence of a traditional anchor tenant. The role of the anchor tenant might be played by another type of tenant, or by a grouping of tenants that together might function as an anchor tenant, or by any number of other variations. For example, i__n a neighborhood shopping center, a com- bination of gourmet food shop, delicatessen, meat Tar e , an — --gro-dry mightdunction in lieu of a -supermarket. A food service cluster, several restau- rants, and a cinema complex have also served as an- chor tenants. The term "theme center" was created to describe centers with a special architectural character or fla- vor. Most often such centers were also specialty cen- ters, and thus the term "specialty/theme center" has been widely used. "Specialty center" is an inadequate description of several different subcategories of shop- ping centers and needs to be more precisely defined. Today, with so much specialization and market seg- mentation, the specialty center can be more exactly described by adding to it modifiers such as "fashion," "theme," "festival," "off-price," "outlet," "home im- provement," and other qualifiers that could be tar- geted to a market segment. Festival/Specialty Centers The term "festival mall" came into being when The Rouse Company developed the concept for Faneuil 2. Project Feasibility The shopping center is a distinct commercial land use involving much more than a real estate venture. It is a retail merchandising complex that�Yenerates supp--- mentary land uses and influences community values,_ n eac i o its several standard forms and variations, the shopping center is built on the concept of planned arrangement and development and unified manage- ment control. The whole undertaking goes through certain essential stages before arriving at the clay when the project opens for business. The development process comprises a series of complicated decisions, based on more than high hopes and good intentions. The procedure has moved from that of a few simple steps in site and tenant selection to one involving intricate studies in feasi- bility. Areas like market ana ysis, politica c imate, environmental impact evaluation, site planning, traf- fic analysis, tenant selection, lease negotiations, fi- ,iancial processing, architectural design, and public: elations all require input from a team of experts un- der the guidance of an astute developer. To solve the complexity of development problems, the developer draws on the teamwork of a group of professionals. Technical experts usually called upon include such professionals as the market analyst, land planner, architect, landscape architect, lawyer, engineering and construction specialist, accountant, financial adviser, and leasing agent. In some eases several or all of the disciplines are represented within the developer's own staff organization. Team members must work together, meeting with the developer regularly to learn about collaborative assignments and the accomplishments and progress of each member of the team. The experienced devel- oper knows that in decision making there is no sub- stitute for informed judgment—his own, backed by the work of his development team. The experienced developer also recognizes that in the final analysis, he is responsible for all decisions made and the success or failure of the project. The public approval process in many jurisdictions has become highly complex; in an era of growth man - HE agement, environmental protection, and energy con- servation, the team approach is necessary to coordi- nate and expedite the clearance and approval procedures in environmental impact and zoning mat- ters as required by regulations at the state, regional, or local level. In putting together any shopping center project, the development team must go through a number of pre- liminaries. At each stage, it should conduct a series of studies to aid in the decision-making process while proceeding toward construction. This series of steps making up the feasibility study must eventually pro- vide the developer with his go or no-go decision. The timetable for completion of tasks will change, usually growing longer. Snags invariably arise from local conditions and such contingencies as key tenant negotiations, financing commitments, permit ap- provals, and clearances. Essential preliminaries of the feasibility study in- clude: • Market analysis, including an evaluation of exist- ing competition as well as potential future com- petition. • Economic analysis, including a careful study of the anticipated development costs and the in- come and expenses for the project. • Site selection, evaluation, and control. • Key tenant commitments. • Leasing Plan. • Financial negotiations. • Zoning, environmental, and other public ap- provals. The steps are detailed and depend on many vari- ables and uncertainties. No precise how -to -do -it for- mula holds. Domino -like preliminaries precede any final decision. Ultimate site acquisition, for example, depends on zoning approval. In turn, leasing depends on site approvals and on securing key tenants, while financing depends on leasing. The full development process requires clearing a series of hurdles before construction can begin. Market Analysis Before embarking on any shopping center project, a developer must first identify and evaluate the market and then calculate its potential patronage for various categories of goods and services. This step should be taken before looking for suitable sites. A new regional shopping center can add the equivalent of the retail space of a small city to the existing retail structure. Where the population has not increased appreciably, the existing retail space in the trade area is probably adequate, at least quantitatively. In such situations, 20 the entrepreneur building a new center must be sure the market can absorb an increase in retail space. This may require providing a new merchandising mix and/ or a stronger retail center. A seasoned developer will clearly know the trade area characteristics that will suit the type of center he wants to build. But until he knows what key tenants are obtainable, the developer can only surmise the type or size of center that may be feasible. Assume a neighborhood center is under considera- tion. Then, as James B. Douglas, a ULI member and early leader in shopping center development, once explained: If the top volume supermarket chain operating in the area is not represented in the vicinity of your proposed center, if the chain wants to expand its number of outlets, if its management traditionally makes reasonable deals with land developers, and if your real estate broker has a histo- ry of successful negotiations, then a certain pattern of success can be projected. On the other hand, if the major volume -producing chains have already established stores in the vicinity, leaving only poorer producers avail- able for the proposed site, the size of the center, its suc- cess, and other factors will be evaluated differently. Only the person well versed in leasing will be able to resolve the selection of key tenants. For a regional shopping center proposal, the strength of the key tenants interested in the site selected determines the size, character, and success of the center—and even the price that can be paid for the land. The type of center and its site character, drawing power, and ultimate success hinge strongly on such an investigation. The developer may have a hunch about what is feasible. But he must beequipped with liard a a to interest prospective tenants, to identifvthe site, to sketch satm the proposed —plan, to isfy the co- munity to obtain zoning approval, und_to-secur fe i- nancin . Measurement of a project's possibilities becomes the first exploratory step in determining the feasi- bility of development: The developer's principal aim is to match the location, size, and composition of the center to the needs of the trade area. To do this, the developer usually tries to obtain an accurate economic analysis of the trade area, based on a market survey, from which he can derive a tentative plan for a shopping center.' The market study is analogous to the situation of the chicken and the egg: A potential key tenant will not be interested in a center until a market analysis has been made, but a thorough analysis cannot be made until the kind of key tenant that the trade area will attract is known. As a consequence, two types of 1 S. O. Kaylin, "Selecting the Best Site for a Shopping Center," Shopping Center World, Vol. 2, No. 5 (June 1973), p. 38; excerpted originally from S. O. Kaylin, flow Io Create a ShoppingGenter(New York: Communication Channels, Inc., 1973). analyses must be made simultaneously: one is to in- terest Potential key tenants -in -anchoring the prospec- tive center; a second is to determine the number and types of customers who may be brought to the center. The customer draw influences the volume of business that can be expected by other major and supplemen- tary tenants. A specialist in the field should conduct the market analysis. The analysis does not take t e place of a eve oper's sound judgment, but its measurements show quantitatively on paper whether or not the new center appears to be justified. With strong competi- tion in the retail field, as well as the high cost of land development, building construction, and financing charges, a developer faces risks that leave little room for miscalculations, including miscalculations about the general tenor of community attitudes toward growth and development activity at the site or in its surroundings. In today's economic climate, a devel- oper cannot afford to gamble on inflation bailing him out if he makes a bad decision. The analysis tells the investor/developer whether a demand exists for shopping acilf- ities. It also indicates ,w Tether newtacifities are needed because of in- creased population and purchasing power, unmet de- mand, or as replacements for worn-out noncom- petitive facilities. 2-9 The market study will also provide the information the developer most needs to "sell" his project to major tenants, local governments, and financial institu- tions. The analysis will help to determine how the _project would serve the prospective market and whether it would generate a great enoughsales vo� mime to JustiCy—its development_ Further, based on the market analysis, the devel- oper tries to decide on appropriate key tenants. Ob- taining commitments from major tenants is funda- mental in determining project types and size and in estimating project costs and framing leasing arrange- ments with other tenants. Such commitment5 are key to the economic feasibility of a project. Without key tenants, no shopping center—neither a small neigh- borhood center nor a regional giant—can materialize. Although specialty centers often do not have tradi- tional anchor tenants, a cluster or group of tenants will function as the anchor tenant. A shopping center cannot generate new business or create new buying power; it can only attract custom- ers from existing businesses that may be obsolete, fulfill a need that has not been met within the market area, or capture the increase in purchasing power that accrues with population growth. It can cause a re- distribution of business outlets and consumer patron- age, but it cannot create new consumers. It can, SALES POTENTIAL FOR A RETAIL CENTER: ANALYTICAL PROCESS TRADE AREA ANALYSIS Driving Time Competition PURCHASING POWER ANALYSIS - Physical Barriers Socioeconomic Factors TRADE AREA DELINEATION I Primary Sector _ Secondary or Shared PAST TRENDS : CURRENT MARKET FUTURE GAINS Sectors Purchasing Power purchasing Power in New Household. Gain Peripheral Area. - Sales in Retail Centers ,,. Trade Areae Income Gain. Recent Gain. in House- . 1 Competition Shifts in Spending -. holds and Income ''.. Supply/Demand Balance Patterns TRADE AREA PURCHASING POWER Today 3 -Year Projection '..:, 5 -Year Projection SITE POTENTIALS Capture Rates Productivity Rates Sizing of the Center however, induce change in consumer purchasing be- havior. Each new center must be justified by gauging. the purc_iasing power available t_o it_and!Ki 7i1.aU 0f._. The required scope and degree of the market inves- tigation will be suggested by -population, income, purchasing power, competitive facilities, site access, proposed major tenants, and shoppers' buying habits and preferences. The number of potential customers living in a projected trade area will be counted. The territory from which customers will be drawn will be indicated by a study of access roads and will be lim- ited by distance, travel time, and competition. A dem- ographic study of the supporting population's income and composition will decide the type of retail outlets needed or wanted in the market area. The age groups and other characteristics of the trade area's popula- tion will strongly influence the tenant composition. Are major segments blue-collar workers, college-edu- cated young people, or retirees? Accurately analyzing population traits and any changes in the composition of the population is of paramount importance in eval- uating the feasibility of any retail location. The number, composition, density, growth rate, income, expenditures, buying habits, and lifestyles of the pop- ulation can be translated into market potential. Much of this information can be extracted from census tract data, including metropolitan area supplements. The total spendable income measured against the total volume of business done in existing retail areas shows whether excess purchasing power is available. Existing retail establishments that are unable to cap- ture trade because of their shortcomings indicate that new centers might well be in order. Estimating the amount of this uncaptured trade that will be drawn to a new center will help to determine the size and type of the operation that should be planned. The char- acter of the prospective trade area will shape the level of quality and thus the tone of the project. Trade Area The trade area is the geographic area that provides the majority of the steady customers necessary to support a shopping center. The boundaries of the trade area are determined by a number of factors, including the type of center, accessibility, physical barriers, loca- tion of competing facilities, and limitations of driving time and distance.z As stated earlier, new shopping centers do not create new buying power; rather, then attract custom- ers from existing districts or capture a portion of new_. a. purchasing power in a growing areHence, the extent of t ie area from which the center can be expected to draw customers must first be established. Within a shopping center's trade area, customers closest to the site will affect the center most strongly, with customer influence diminishing gradually as the distance increases. 'Trade areas are usually divid- ed into three categories or zones of influence, al- though the following general guidelines describing these categories will vary depending on the type of center and other factors. • The primary trade area is the geographical area from which the center will derive its largest share of repeat sales. This area generally extendls t-J-iree to five miles from theora Site, is usually no nle thn a 10 -minute drive, and draws 70 to 80 percent of the center's regular customers. • The secondary trade area generates from 15 to 20 percent of the total sales of the average shopping center. Driving limits can be set at 15 to 20 min- utes, or three to seven miles. • The tertiary or fringe trade area forms the broad- est area from which customers may be drawn. z William J. McCollum, "Basic: Research Procedures," Market Research for Shopping Centers (New York; International Council of Shopping Centers, 19130), p. 17. 2-2 PRIMARY TRADE AREA GENERAL GUIDELINES MINIMUM POPULATION TYPE OF CENTER SUPPORT NEEDED RADIUS DRIVING TIME Super Regional 300,000 or More 12 Miles 30 Minutes Regional 150,000 or More 8 Miles 20 Minutes Community 40,000-150,000 3-5 Miles 10-20 Minutes Neighborhood 2,500-40,000 1'/z Miles 5-10 Minutes Note: This table provides only general guidelines, which must be modified according to the characteristics of the specific shopping center that is being considered. 22 Although they must travel greater distances, cus- tomers may be attracted to the center because it is easily accessible and provides greater parking convenience and better merchandise than closer centers. Driving time from Mis area to the site can be set at roughly 25 to 30 minutes with the tertiary trade area extending 15 miles in major metropoli- tan markets. In smaller markets, however, it may extend as far as 50 miles. Geographic distance and travel time must be differ- entiated. The competitive relationships of retail areas largely control the movement of shoppers in an urban area. Distance alone is therefore not a reliable criteri- on for establishing the extent of a trade area. However, it is influential; for example, the average person n will travel one and one -ha mr es or oodthree to five _miles for apparel and –liouseh_old items when choice ranges are not important, and eight to 10 miles when choice ranges and prices are important_The late Larry Smith, eminent ana yst and real estate consultant, believed that the population within seven to eight miles of the center probably accounts for 80 percent of the sales volume of a large regional center, and that a limited amount of business can be expected from shoppers farther away (within 15 to 18 miles of the center) who can use an expressway to reach the center in about 20 minutes. The trade area may thus extend farther in one direc- tion than in another. Natural barriers—such as lakes, rivers, hills, and parks that will remain as open space or undevelopable land for residential use—and artifi- cial barriers also act as boundaries to the trade area. Travel times should be set by actual trial runs over access routes, with the runs made during off- peak times and under weather conditions typical of the area. 2-3 In an analysis of the expansion potential of Smith Haven Mall, an enclosed regional center in Suffolk County, New York, the trade area was divided into six subaroas. This reflected the fact that various portions of the trade area possessed different demographic characteristics, travel patterns, and competitive shopping options. Source: tISG/Could Associates. The size of a trade area will depend on a site's accessibility from streets and highways—as well as from mass transit. Driving times, traffic lights, road- side hazards, and barriers such as steep slopes, stream valleys, parks, and railroads are all factors in the measurement of access. Allowance must be made for any proposed changes in existing routes. A map of the trade area can be plotted based on geographic factors. Such a map puts into perspective current and proposed access routes, population den- sity of developed areas, commercial locations and competitive facilities, and topography and land use features. Types of base maps useful for these purposes include ordinary route maps, such as those issued by service stations, topographic maps published by the U.S. Geological Survey, and aerial photos available from or specially prepared by commercial air map- ping services.' Population Data Characteristics of the trade area's population must be studied, including the size of the present population and its potential for future growth, and the composi- tion of the population according to age, income level, and family and household unit sizes. The U.S. Census of Population and Housing (taken each decade) and the latest Census of Retail Trade (conducted every five years as part of the econotnic censuses) offer basic statistics. In mid -decade peri- ods, such as between 1980 and 1985, population fig- ures can be updated by special sample enumerations or by recourse to other survey sources. (See Figure 2-4, "Market Data Sources," for specific reference works and sources.) Projections for the trade area's population can be based on estimates for metropoli- tan area zones made by planning agencies. Because the shopping center development industry has become more complex and centers are being tar- geted to specific market segments, the need for timely, accurate, and sophisticated demographic data has in- creased. In response to this need, a number of firms specializing in demographic data have emerged over the past 10 years. Many of them offer sophisticated demographic analyses, including the use of a statis- tical technique known as "cluster analysis." This technique divides the trade area's population into discrete socioeconomic groups or clusters, enabling users to determine quickly how many persons and households fit into a specific customer profile. For example, one firm offers data on 47 different demo- graphic groups for any user -defined trade area and indicates the number of persons and households within each group as well as the proportion this group 24 represents of the entire trade area. These demographic groups are based on lifestyle information (as well as basic demographic data of age, sex, and income) in recognition of the fact that people with different life- styles shop differently.4 Demographic data may also be obtained from a variety of sources. For example, if aerial photography is available for a census base year, current photo- graphs will make it possible to identify growth activi- ty and may even allow housing counts. Another source is building permit records showing the number of new dwelling units constructed in each census tract since the census year. Many metropolitan newspapers maintain updated census tract maps and regularly conduct buyer surveys. Utility companies can be checked for new meter installations, which increase in direct proportion to the increase in new dwelling units. Adjustments can be made to allow for known absorption of vacancies or demolitions. By such devices, fairly accurate estimates for population and households can be made in post -census years. In areas of. rapid growth, state or local governments often conduct special censuses, since allocation of funds for roads, schools, health and welfare, etc., may be tied to population or to growth rates. Buying Power The income level within the trade area is important, not only in terms of total dollars available but also in relation to expendable income by retail categories. Income figures for households in the trade area can be derived from the census. In addition, the Bureau of Labor Statistics indicates how much families spend by income range for goods and service categories— such as food, general merchandise, apparel, furniture and home furnishings, and automotive parts and ac- cessories. Consumer expenditures can be estimated from the purchasing power shown in each segment of the trade area. To approximate the total buying or purchasing power in a trade area, multiply the number of people by the average per capita expendi- ture for general merchandise and apparel. When the :1 USGS maps can be purchased at public inquiry offices in An- chorage, Dallas, Denver, Los Angeles, Salt Lake City, San Francisco, Spokane, Washington, D.C., and Reston, Virginia. The two major public inquiry offices are located in Washington, D.C., and Reston, Virginia. For information about sources and uses of USGS maps and coin- mercial field instrument surveys and aerial surveys, see Donald C. Lochmoeller et al., Industrial Development Handbook, Commu- nity Builders Handbook Series (Washington, D.C.: ULI—the Urban Land Institute, 1975), pp. 98-99. 4 Donald C. Wood and Mary Kay I lealy, "Keeping the Data Up -to - Date," National Mall Monitor, September/October 1983, pp. 88-89. 2-4 MARKET DATA SOURCES General References • Industry Series. Includes "Merchandise Lines Bureau of the Census Catalog 1982-83. Information Sales" (U.S. summary data for 31 broad mer - about census products issued from January 1980 to chandise lines), "Miscellaneous Subjects,", and March 1983 on housing, business, population, etc. "Establishments and Firm Size." Directory of Federal Statistics for Local Areas: A Current Business Reports. The Government Print - ' Guide `to Sources, '1976 and Directory of Federal ing Office offers only the entire series; individual Statistics for Local Areas: A Guide to Sources, Ur- reports must be ordered from the Bureau of the Cen- ban Update, 1977-1978. Federal statistics sources sus. for areas smaller than states. BR Monthly Retail Trade—Sales and Invento- ries with annual cumulation. Marketing Guides • BW Monthly Wholesale Trade -Sales 'and In-'' Market Guide (annual). Market data for more than ventories with annual cumulation. 1,500 U.S. and Canadian cities. Editor and Pub- CB Advance Monthly Retail Sales. lisher, 575 Lexington Ave.,New York, N.Y. 10022, A Guide'to Consumer Markets (annual). Compila- Survey of Current Business. Current business static- ' tion'of U.S. statistics and graphs on consumers and tics compiled by the Bureau of Economic Analysis, their behavior in the marketplace: Conference U.S. Department of Commerce, in 12 issues per year.` Board, 845 Third Ave,'New York, N.Y. 10022. ' Special reports on "Local Area Personal Income" (April), "National Income Issue" (July), "State' and Marketing Economics Guide (annual). Estimates for Regional Income" (twice a year). Order from GPO. population, ,households,, income, and retail sales; 1980 Census of Population' and Housing ,,ranks metropolitan areas. Marketing Economics In- stitute, „108 West 39th St., New York, N.Y. 10018: • PC Reports:' Population "Survey'of Buying Power," one of four' statistical PC80-1-A: Number of Inhabitants PC804-13: General Population Characteristics ' compilations in Sales and Marketing Management PC80:S1-2:' Population and Households by (16 issues/year). Gives current estimates of U.S. and -, States and Counties: 1980. ",Canadian geographic' variations in population, in- come, `and retail trade. Bill Communications, Inc., HC Reports: Housing 633 Third Ave., New York, N.Y. 10017. HC 80-1-A: General Housing Characteristics . HC 80-1-B: Detailed Housing Characteristics ; The following publications maybe ordered from the HC 80-1-C: Metropolitan Housing Characteris- 't Superintendent of Documents, U.S. Government tics ; Printing Office, Washington, D.C. 20402, from field ` 0 PHC80-2: Census Tracts. A series of 372 reports' r.. offices maintained by the U.S. Department of Com - and maps, one for each metropolitan area and, coerce in 48 large cities,'or except where noted from one for each state that contains data for tracted the Customer Services' Branch, Data Users Service areas outside of metropolitan areas. 'Division, Bureau of'the Census, Washington,'' D.C. 20233. Population Characteristics, Special Studies, and j 1982 Census of Retail Trade. In three parts. Income `'Geographic Area Series. Gives separate reports • P-60,` No. � 132. Money Income of Households, , for the United States, each state, the District of ;,.Families,;and Persons _in.the ,United States; Columbia, metropolitan areas, counties, and 1980, cities. Bureau of Labor Statistics, U.S. Departmentof La- `0Major Retail Centers in SMSAs. Gives details on . bor, which publishes periodically' the survey, Con-' number of establishments, sales, payroll, and sumer Expenditures and Income. employment for retail establishments. ., r, number of expected customers is multiplied by the average annual expenditures for consumer items, the sales potential of the trade area comes into focus. The variation in expenditures of different income groups should also be taken into account .5 Income can be estimated by using a ratio of income to home value. The value of the owned home is usu- ally rather closely related to family income. In the past, the customary amount that could be afforded for a house was 2 to 2'/2 times a family's annual income. Today, the amount commonly spent on housing in many markets is 21/2 to 3 times a family's income. In the U.S. Census of Housing, the values (and rentals) of houses are available for each block in cities with a population of 50,000 or more. For suburban areas, the U.S. Bureau of the Census will furnish, at a reasonable cost, photostat sheets of unpublished data for census years, showing home values and rentals by enumer- ated districts. Where there is a state income tax, it may be possible to learn the distribution of families by income groups in a city or county. As income declines, the proportion of total family income spent for food rapidly increases. Thus, in a trade area whose average family income is lower than the average for the city as a whole, the proportion of income spent in nonfood stores is much less than that in an area of medium -income or high-income fami- lies. Where all families within a given trade area have similar average incomes, the store composition will be quite different from that in a trade area with a large proportion of high-income families counterbalanced by a large proportion of low-income families. Buying power and the number of families needed to support any shopping center are variables, particu- larly in a new development area. Developers of new communities in isolated areas must provide shopping facilities before a full market is justified to provide limited goods for families who move into the area. Competition A new shopping center will not, of course, attract all the business in its trade area. Basically, it will draw on three sources: the in in population, patrons from existin stores in the tr area,_aiic�customers Via_ _ ___ d - seeking goods and services not offered _i_n_the area. A new center will not generate more purchasing power than already exists within the trade area, but it will bring about a redistribution of expenditures. For this reason, the market analysis should study the retail facilities that are or are not available. Tha_ t Ror___ tion of spendable_fncome that is unsatisfiesl_y lQ_cal offerings must be determined. Often the study will reveal that potential sales are escaping to other com- munities. Ma With one exception, no formula exists for estimat- ing the share of the buying power in a market area that can be attracted to a new center. The single exception is Reilly's Law of Retail Gravitation, formulated over 50 years ago by William J. Reilly at the University of Texas, Austin: When two cities compete for retail trade from the im- mediate rural areas, the breaking point for the attraction of such trade will be more or less in direct proportion to the population of the two cities and in inverse proportion to the square of the distance from the immediate area of each city. In effect, all this law says is that people will travel to the largest place most easily reached. Reilly's Law cannot be used as the sole method by which to deter- mine a shopping center's pull. Also, it should not be applied to market analyses for neighborhood centers. First employed to measure retail attraction between the central business districts of two cities, Reilly's Law was later adopted by a few analysts of early regional shopping centers to measure local attraction between different department stores. However, each case is different. Estimates for a proposed shopping center must allow for composite pulls from retail shopping areas. Some analysts believe a breaking point exists between competing retail districts when the natural pull of one is equal to that of the other. Proponents of a formula -judgment method some- times find a revision of Reilly's Law useful in predict- ing the sales potential of a center, particularly if the center offers shopping goods like those found in a regional center. In evaluating the feasibility of a new center, a devel- oper should study other retail shopping facilities— both existing and proposed—with which his center would have to compete. These would consist of sub- urban shopping facilities within and beyond the trade area; retail facilities in the central business district, which might exercise a strong though varying influ- ence on residents throughout the metropolitan area; and shopping facilities likely to be built in the future. When the income of each segment of the trade area population has been determined, the amount can be calculated that households spend at shopping areas that would compete with a new center. The new cen- s Sea Survey of Consumer [Expenditures, issued periodically for total U.S. and urban and rural regions, with cross -classification of family characteristics; and current publications of the Bureau of Labor Statistics. These publications are available from the U.S. Department of Labor, Bureau of Labor Statistics, Washington, D.C. 20212. Also see Statistical Abstract of the Uniled Stales and County and City Data Book: A Statistical Abstract Supplement, both issued annually by the U,S. Bureau of the Census and available froth the U.S. Government Printing Office, Washington, D.C. 20402. © Smith Haven Mall Trade Area Retailing Gimbels 7 Discount Department Store J.C. Penney 11 Times Square Stores Discount Department Store 9 Two Guys Discount Department Store 10 Discount Department Store Discount Department Store 11 Discount Department Store Discount Department Store 'made Area and Subarea Boundaries Competitive Framework A Walt Whitman Mall D Gardiner Manor Shopping Abraham & Straus/Macy's Center 13 Sears Sears/Gertz C Great South Bay Center E South Shore Mall Abraham & Straus/ Macy's/).C. Penney J.C. Penney F Ginnbels G Brookhaven Mall (proposed) 2-5 The competition within Snaith Haven Mall's trade area. Source: HSG/Gould Associates. ter could accommodate any unused buying power, thus attracting a share of the trade area. The anticipated volume of business and the appro- priate merchandise mix for the new center will be determined by evaluating known data on the propor- tion of family income spent in each major category, such as food, clothing, furniture, and other retail. Proper tenant mix increases the pulling power of any shopping center. The function of tenant mix is to provide the greatest depth of selection across a wide range of consumer goods. Future growth and its effect on a center must be taken into account with studies made on the commu- nity's economic base and on the direction that future growth may take. Kind of Center After the trade area and the sales potential have been established, the kind of center that would be most feasible begins to take shape, particularly when lead- ing or key tenants are known. When the market analy- sis is made, the names of probable tenants are com- piled. In most areas, certain local merchants are stronger than others. For example, a majority of cus- tomers may prefer one supermarket over another; hence, the local standing of a merchant should be considered. Popular established merchants will draw more patronage to a new center, strengthening the center's appeal. Identified market segments may suggest a special character for the proposed center, which would allow 27 it to depart from the traditional neighborhood, com- munity, or regional center tenant mix and to include special tenant categories that would be supported because of the presence (or absence) of a particular market segment. For example, if an area has few chil- dren and the child population is projected to remain low, there would be little demand for children's shop- ping goods (shoes, clothes, toys, etc.). On the other hand, there might be a greater demand for foodser- vice tenants, since adults without children will be more prone to eat out. Further market analysis would quantify this potential. Based on the estimated sales volume resulting from market analysis, the types of stores and the approxi- mate square footage of building can be determined. After the building area and the types and sizes of stores have been established, parking needs can be estimated in relation to the gross leasable area. The total area required for the site can then be measured, and the planned layout of the site can be sketched. Summary—Market Analysis Although an expert in the field should conduct the market evaluation, the developer's judgment and common sense will temper the analysis. To recapitulate, the rudiments of a market analysis include: • Determining the trade area of the shopping center. The trade area is established based on population changes and estimated future growth in the area (which should be translated onto maps and dis- played graphically); the area's basic employment and economy; and the proposed site's accessibili- ty—present and future highway patterns, traffic counts, street capacities, and travel times,(which should also be translated onto maps and other data displays). • Estimating the purchasing power of primary, sec- ondary, and remote trade areas. Disposable in- come can be estimated after federal income and local taxes, housing costs, and insurance, sav- ings, and transportation costs have been de- ducted. The remaining dollars constitute net spendable income. • Measuring competition. • Gauging retail sales potential. This would in- clude investigating total retail expenditures, the sales capacity of existing stores by types of mer- chandise, and the unused purchasing power available to the center. While the fundamentals of market research are con- stant, different types of centers may need somewhat different market research approaches. For example, if ZR a factory outlet center is being considered, the market analysis generally should survey a larger trade area than if an off-price center of the same size were being considered. Similarly, if a downtown festival/special- ty center is proposed, the market analysis should reflect the fact that the size and buying power of the market for a downtown center depend on the size and character of a number of different markets, including close -in residents, metropolitan area residents, downtown office workers, and transient customers. Further, the market analysis for such a center should also review such factors as the drawing power of downtown and the character of the downtown en- vironment (in terms of both appearance and safety), since these factors can directly affect the center's po- tential to succeed—or fail. Finally, the assumptions made in any market study should be carefully chosen, clearly understood, and based on realizable goals. They are critical to the validity of the study. The primary purpose of a market survey is not to convince prospective tenants that the trade area needs and can support a proposed center, but to find out whether the area can support a new shopping center of the type being considered. Financial Feasibility Since it will draw upon and interpret the findings of the market study, the economic analysis should fol- low the market study. It will largely determine the financial feasibility of the center. The feasibility study will also begin to reveal the kind of center that might best be developed by analyzing factors such as total retail space (with space assigned to key tenants and supplementary stores) and by projecting rental in- come (by minimum rents, annual sales volume, and percentage rents). Projections should be systematically developed into pro forma statements on the estimated cost of development, the income and expenses of the center, and the center's cash flow. The pro forma statement on development costs will indicate the estimated capital cost for the project. The capital cost represents the total investment in the project and may be broken down into the following major categories: • Land and land improvements. • Buildings and equipment. • Overhead and development costs (sometimes called "soft costs") incurred before a center opens. Composite items included in capital cost are: • Land cost: the basic cost of land plus carrying charges until construction is completed. • Off-site improvements, such as extending util- CITY OF MENDOTA HEIGHTS MEMO SEPTEMBER 1, 1988 TO: Mayor and City Council FROM: Kevin D��az , ity Administrator SUBJECT: Review of Proposed Mendota Heights Fire Dept. Policies and Procedures For more than a year, Chief John Maczko and a by-laws committee of the fire department have been working on coming up with new policies and procedures to govern the operation of the department. I reviewed an earlier draft of their document, and offered a few comments which are included in the attached proposal. At the writing of this memo, I have not had an opportunity to read this August 28 edition, but will do so before Tuesday evening. The department hopes to adopt these new policies and procedures at its annual meeting in October. Chief Maczko has asked that I place these on your agenda this evening, so that you can offer any comments, thoughts, or directives you would like to pass on to the department before adoption. For your information, I am also attaching a copy of City Ordinance No. 101, which gives the fire department its legal standing within the City government and sets forth some of the parameters under which it operates. The Ordinance would, of course, take precedence over the policies and procedures. Chief Maczko and I have talked about reviewing Ordinance 101 for any needed chanes. Council may also wish to offer comments on the Ordinance. ACTION REQUIRED: To discuss the proposed policies and procedures with Chief Maczko, giving any feedback Council deems appropriate. I would also suggest that commended for the many hours of policies which should help lead department. KDF:madlr attachment the by-laws committee be work put in on drafting these to a more smoothly operating M IEN D O U k 111EU G IR T O POLICIES 1 PROCEDURES AUGUST 289 1988 FORWARD TO POLICIES AND PROCEDURES The various rules and procedures presented in this document are intended to acquaint members with the requirements and functions of the Fire Department in general and a firefighter in particular. A thorough understanding and compliance with the material in this document and other Standard Operating procedures contained in your procedures manual will enable you to perform your duties in a satisfactory and efficient manner. The rules herein contained are not designated to limit any member in the exercise of his judgement in taking action in extraordinary situations that a reasonable person would take. Situations may arise, from time to time, which cannot be foreseen and for which no rule or regulation can be provided. It is expected that all members will act at such times with promptness and discretion. It is essential for the efficient conduct of the Fire Department that it be organized on a pre -arranged, systematic basis as it is in other organizations, whether public or private. Members should always bear in mind that they are serving the City, even though voluntarily, and that their conduct and behavior is subject to criticism by the general public to a greater extent than in almost any other line of work. For this reason the unwritten social rules of good conduct and behavior as practiced by all law-abiding and self- respecting citizens should be observed at all times by all members of this department. INDEX CHAPTER CONTENTS 1 ORGANIZATION AND PURPOSE OF THE DEPARTMENT 2 DEFINITIONS AND TERMINOLOGY 3 POSITION DESCRIPTIONS AND RESPONSIBILITIES 4 GENERAL REQUIREMENTS 5 RULES AND REGULATIONS ORGANIZATION AND PURPOSE OF THE MENDOTA HEIGHTS FIRE DEPARTMENT ORGANIZATION: This Organization shall be known as the Mendota Heights Fire Department as is stated in City Ordinance 101. The Fire Department was originally organized in June of 1947 at 2144 Dodd Road, a building expansion occurred in 1960 at 2144 Dodd Road. The current location has been 2121 Dodd Road since December of 1984. Fire Chiefs Frank Fischer Jacob Weinzettel Arnold Siebel. Leroy Noack John Maczko PURPOSE: Years June 1947 - February 1961 February 1961 - October 1970 October 1970 - January 1982 January 1982 - December 1985 December 1985 - The purpose of the Mendota Heights Fire Department is to minimize the loss of life and property from the dangers of fire, explosion, chemical disasters, and natural disasters, through suppression, rescue and fire prevention activities. The Department will provide these services to the residents of Mendota Heights and to the residents of all cities in which fire service protection agreements have been recorded with the City Clerk. The Fire Department shall also respond to and participate in the following activities: * assist paramedics in medical emergencies when requested by an appropriate emergency response agency. * assist communities in accordance with mutual aid agreements when assistance is requested. * promote a good city image by participating in events that promote fire safety and prevention. * promote a good city image by participating in community events when possible. 1-1 ?RAIN IN a 000ki)INATOP. Cs1Y7d1.N SQUAD i MAIN - o P- C O TIn- ai.N D nAtjop. 8Q CITU COUNCIL CITY AI T IN IS TPLA?o fit, ASSISTANT FIP-t Cs1T?s1bN sQuAv a _ 1-2 C.a.P7.i'LN SQUAD a FIRt 1" Ap-S 3- AL CdP7.dtiN SQUAD 4 CHAPTER 2 DEFINITIONS AND TERMINOLOGY ACTIVE MEMBER Any Member of this department who meets all of the criteria to become a firefighter or meets the light duty requirements, is not a probationary firefighter, and is not under suspension. This member is accruing retirement benefits and also has voting rights. (A probationary firefighter is also accruing retirement benefits but is not considered a voting member the Department). ASSISTANT FIRE CHIEF Second in Command of the Department. Considered a line Officer. (See Position Description) CAPTAIN One of four Squad leaders. Considered a Line Officer and part of Chief's staff. (See Position Description) EXECUTIVE BOARD This Board considers disciplinary actions and makes recommendations to the Review Board. It also monitors the compliance with these rules and regulations and sets department standard operating procedures (See Article XVI for other duties and Make-up) EXPULSION The removal of a member of the department for failure to meet minimum requirements or for disciplinary reasons. FIRE CHIEF The Department head of the Mendota Heights Fire Department. Considered a line Officer. (See Position Description) FIREFIGHTER All members of the department meeting the firefighter requirements or light duty requirements. (See Position Description). FIRE MARSHAL Responsible for enforcement of fire and life safety codes. (See Position Description) IMMEDIATE FAMILY Immediate family is the member's mother and father, the member's spouse and the member's children living at home. 2-1 INACTIVE MEMBER A member not meeting the requirements of an active member and not accruing retirement benefits. This Member has no voting rights. PROBATIONARY MEMBER A member of the department that has not been accepted by the membership in his/her first year of service. This member has no voting or appeal rights. (See Position Description) QUORUM The minimum number of active members who must be present for there to be a valid meeting. REPRIMAND Disciplinary action taken against a member for failure to follow the requirements of these rules and regulations or department standard operating procedures RETIRED MEMBER Any person from this department who has taken a vested retirement after 10 years of active service on the department. REVIEW BOARD This Board passes on all disciplinary actions, all leaves of absence and all light duty considerations. (See Article XVII for Duties and make-up) SECRETARY The member of this department responsible for taking and recording minutes of regular or special department meetings. (See Section 6, subd. 2) SOP The Standard Operating Procedures for the operation of the Mendota Heights Fire Department as determined and enacted by the Fire Chief and/or the Executive Board. SUSPENSION A disciplinary action taken against a member resulting in barring the member from the department for some time period. A person on suspension is not considered an active member and may or may not accrue retirement benefits depending on Review Board action. TRAINING COORDINATOR The member of the department responsible for developing and overseeing the implementation of training necessary to keep all members up to date with current training guidelines set by local, state and federal agencies. - Also to keep members up to date with safe and effective means of carrying out their duties. (See Position Description) TREASURER The member responsible for keeping accurate records of all donations and expenditures of donations made by the Mendota Heights Fire Department AM, CHAPTER 3 POSITION DESCRIPTIONS FOR MENDOTA HEIGHTS FIRE DEPARTMENT POSITION PAGE FIRE CHIEF 3 - 1 ASSISTANT CHIEF 3 - 4 FIRE MARSHAL 3 - 5 TRAINING COORDINATOR 3 - 7 CAPTAIN 3-8 FIREFIGHTER 3-11 PROBATIONARY FIREFIGHTER 3-13 FIRE CHIEF POSITION SUMMARY - The Fire Chief shall be the head of the Mendota Heights Fire Department and have full control thereof, and each and every member of the department, including all other officers, shall be subject to the orders of the Chief. He/she shall be considered by the City as a member of the city staff and a department head. He/she shall be responsible for the purchase, care and maintenance of all equipment, apparatus, and buildings that are part of the Mendota Heights Fire Department. He/she shall also be responsible for the training of all fire personnel, necessary reports to the proper city and state officials, and submitting a budget showing needs of the department each year. The Fire Chief presides at all meetings of the department and is responsible for the discipline and operation of the department. POSITION RESPONSIBILITIES/DUTIES - The Chief shall: 1. Have full control over all apparatus, equipment, supplies, and persons who are members of the department. 2. Be responsible for enforcing policies and procedures of the fire department and prescribe and enforce such rules and issue such orders as he may deem advisable. 3. Respond to fires and other emergencies and, upon arrival, assume full command thereof. 4. Keep a record of all fires and causes of and losses incurred in such fires as accurately as such causes and losses can be determined. He shall also forward necessary forms to the proper city and state officials. Preliminary estimates of damage shall in no way be construed as being binding in an insurance loss adjustment. 5. Supply monthly reports to the City Administrator and Council as to the monthly activities of the ,department pertaining to training, meetings, and run activity. 6. At the end of the year, submit a report of the year's activities and major happenings to the proper City officials. 7. Be responsible for being at Council meetings as needed. 8. Be responsible to see that training be conducted at least monthly to allow members to meet minimum requirements for training. 3-1 9. Work cooperatively with the Fire Marshal to see that an adequate program of inspections and other fire prevention preparation measures are carried out. 10. From time to time, advise the proper City authorities of the needs of the department, caused by changing conditions and developments of the City and make such recommendations in writing as he deems necessary. He shall also recommend the acquisition of new apparatus, equipment and supplies. All purchases for the department shall be subject to approval by the Chief and he shall present his reasons, in writing, when in his opinion, the city is best served by the sale or disposal of apparatus, equipment or supplies, and make such special report upon any matter which in his judgement requires the attention of the City Administrator or City Council. 11. Each year, after an evaluation discussion with fire department personnel, submit to the City Administrator for approval, a detailed budget estimate of the requirements for the next fiscal year, including an estimate of additions,- replacements, or repairs to apparatus, equipment and buildings. 12. Preside at regular or special meetings and notify all members of such meetings. He shall call any other special meetings at the written request of five members of the department or when deemed necessary. Such request shall state the subject of the meeting. 13. Form committees as needed. Upon forming the committee, he shall instruct the committee as to their duties and obligations. He may also be a member of any or all committees. 14. Suspend any member for just cause subject to the policy and procedures. All suspensions shall be reported to the City Administrator. Reference shall be made to the standard operating procedures section that warrants the discipline. 15. Remain in the position until such time as he retires, resigns, or is removed by the City Council. 16. Give, along with the Captain and Assistant Chief a written and oral performance evaluation of each member of the department (inviting feedback on the evaluation). POSITION REQUIREMENTS - The Chief must have: 1. Thorough knowledge of firefighting methods and procedures. 2. Knowledge of fire prevention methods and procedures. 3-2 3. Knowledge of firefighting equipment. 4. Six (6) years minimum firefighting experience. 5. Leadership capabilities and potential ability to define and communicate to others the proper role of the fire department as it relates to the needs of the community and the rest of the City. 6. Administrative ability - budgeting, record keeping, and development of procedures. 7. Completed a significant amount of study in extra curricular coursework pertaining to training and fire fighting procedures. Such areas of study shall include: Instructor/officer training Fireground command Tactics Management Hazardous materials 8.., Shall pans a Fire - e artm-pnt hysica The Chief -will be --picked by an interview board consisting of the City Councilo-,representatives of their choice, the City Administrator, the Police Chief, and a Fire Chief from a neighboring volunteer fire department, and two members of the fire department that are appointed by the general membership. After all interviews are completed, the interview board shall make a recommendation to the City Council for formal approval at a future Council meeting. POSITION RELATIONSHIPS - The Chief reports directly to the City Administrator. 3-3 ASSISTANT FIRE CHIEF POSITION SUMMARY - In the absence of the Fire Chief, the Assistant Chief shall perform all functions and exercise all authority of the Chief. The Assistant Chief will also provide general staff support to the Chief carrying out specific duties as requested. The Assistant Chief will also be given primary responsibility for specific duties. POSITION RESPONSIBILITIES/DUTIES - The Assistant Fire Chief shall be considered second in command and shall: 1. Be under direct supervision of the Chief of the department. 2. Assist the Chief in the administration of the entire department. 3. During the Chief's absence, assume all responsibilities and exercise all authority given to the Chief. 4. Respond to fires and other emergencies as paged. 5. Enforce all rules, regulations, and orders of the department. 6. Perform any duties that the Chief may direct. 7. Pass a Fire Department physical. 8. Remain in the position until he/she retires, resigns, or is removed by the City Council. POSITION REQUIREMENTS - The same general requirements will be required for the Assistant Chief as were required for the Chief. The selection process for the Assistant Chief will be the same with the exception that the Chief of the department will sit on the interview board in place of the Fire Chief from a neighboring community. POSITION RELATIONSHIPS - The Assistant Fire Chief reports directly to the Chief. All reprimands and disciplinary actions shall be handled by the Chief. 3-4 FIRE MARSHAL POSITION SUMMARY - The Fire Marshal shall be responsible for the enforcement of all fire codes and life safety codes relating to fire safety. He shall review plans for all new construction except single family homes, to check for compliance with the Uniform Fire Code. He shall also conduct periodic inspections of all businesses, schools, churches, apartments, etc., to make sure that complete compliance with the Uniform Building Code is met, and file reports with the Fire Chief and City officials. He shall also have the power to enforce the code issue citations as necessary. He shall also respond to fire scenes as requested by the officer in charge to investigate cause and nature of any such fire, and perform follow-up investigations as directed by the Fire Chief and law enforcement officials. POSITION RESPONSIBILITIES/DUTIES - 1. Performs bi-annual fire code inspections on all businesses, schools, churches, apartments, etc. and meets with building owners to review buildings and make suggestions for improvements. 2. Works with the City Code Enforcement Officer to review all plans for all new construction, except single family homes, for compliance with the Uniform Fire Code and suggests fire safety improvements to builders and owners. 3. Meets with builders as requested on a pre -plan basis to suggest safety features. 4. Through inspections and/or investigations, determines areas of non-compliance with the adopted fire code and appendixes. Meets with building owners to seek compliance and issue citations as necessary. 5. Responds to fire scenes as requested by the fire ground commander to investigate cause and nature of the. fire. 6. Performs follow-up investigations of all fires as directed by the Fire Chief and law enforcement officials. 7. Plans and carries out in conjunction with other firefighters, public relations programs of fire prevention. 8. Is responsible for and coordinating with the training department any information as to hazards and pre -plan considerations in order to fight a fire in a particular building. 3-5 9. Performs any other duties or activities as the Fire Chief may see fit to assign. 10. Shall be responsible to the Fire Chief for the performance of the foregoing duties. 11. Is expected,to attend fire department general meetings at least quarterly or more often if requested by the Chief. 12. Must stay in touch and updated with all current laws and legislation pertaining to the Uniform Building Code and Minnesota Fire Code as it relates to fire safety. 13. Must attend Council meetings as needed or requested to provide expert testimony on code enforcement matters. POSITION REQUIREMENTS - Any person applying for a fire marshal's job shall meet the following qualifications: 1. Six years full-time or 12 years volunteer service as a firefighter. 2. Thorough knowledge of the Minnesota Fire Code and Life Safety Code. 3. Previous training and five years experience with fire inspections and code enforcement. 4. Demonstrate public relations skills. 5. Have an understanding of hazardous materials, how to store them, protect them, and attack them if an incident should occur. 6. All applicants will be interviewed by an interview panel consisting of the Fire Chief, the Assistant Fire Chief, an at- larve member of the Fire Department, and the City Administrator, and the recommendation for appointment will also come out of this committee and be submitted to the Council for a formal approval at a future Council meeting. POSITION RELATIONSHIPS - The Fire Marshal is responsible directly to the Fire Chief. The Fire Marshal must also work with the Code Enforcement Officer, City Administrator, and City Attorney on all problems that may arise during inspection, plan review, etc. 3-6 TRAINING COORDINATOR POSITION SUMMARY - The Training Coordinator will be responsible for training all members of the Fire Department in all aspects of firefighting, rescue and emergency response. The Training Coordinator will be appointed by the Chief. POSITION RESPONSIBILITIES/DUTIES - In addition to meeting the requirements set forth for the entire department the Training Coordinator shall: 1. Be responsible for the proper training procedures for the entire fire department. 2. Be responsible for training probationary firefighters and keeping a record of their progress. 3. Keep a record of all training and participants in such training. 4. Outline a training schedule for every training meeting. 5. Be responsible to the Chief for the performance of the foregoing duties. 6. Appoint (after consultation with the Chief) one or two assistants that will assist him in carrying out his duties and responsibilities. 7. Provide enough training opportunities for all members of the department to meet the minimum requirements. POSITION REQUIREMENTS - 1. Shall be knowledgeable of all aspects of firefighting, rescue, EMS. 2. Shall obtain any extra curricular training that may be needed to obtain skills required by NFPA and OSHA standards. 3. Shall exhibit management and coordination skills and be able to work with the Chief and Assistant Chief in training according to their department policy. POSITION RELATIONSHIPS - The Training Coordinator shall report directly to the Chief of the Fire Department. 3-7 CAPTAINS POSITION SUMMARY - A captain is responsible for supervision and administration of a company of fellow firefighters. The captain works to constantly improve and maintain his squads performance, conduct, manner and attendance. A captain receives direction from the Chief and Assistant Chief, and provides them with reports on his/her squad problems. on an emergency scene, the captain will direct a squad or crew of firefighters to perform tasks as assigned by an officer in charge. A Captain may assume command of an emergency scene until relieved by an officer of higher rank or until completion of his duties. There are a total of four captain positions available on the Mendota Heights Fire Department. The captain shall serve a two-year term with two captains being elected each year at the annual meeting held in October. A transition of leadership shall take place on December 1 of that year. POSITION RESPONSIBILITIES/DUTIES - The captain will provide supervision and administration of his/her company of firefighters including: 1. Orientation of new firefighters to the station, its personnel, apparatus, equipment, and standard operating procedures. 2. Response to fires and other emergencies as paged. 3. Maintenance of efficient communications with fellow company members on department -related matters. 4. Handling of questions/suggestions and other company members' input in a timely manner according to department policy. 5. Being responsible for the safety and well being of all fire fighters under his/her supervision. 6. Ensuring that good public relations are practiced by all firefighters under his/her supervision, both on and off emergency scenes. 7. Performing and aiding in the performance of disciplinary actions as set forth per department policy manual. 8. Providing praise to individuals or groups when deserved. 9. Enforcing security of all information which is not open for communication. 10. Ensuring that all details directed by a chief officer are carried out. 11. Being responsible to the Chief and Assistant Chief and taking 3-8 charge in their absence. The Captain with the greatest consecutive years of service shall be in command. 12. Holding one two-hour monthly clean-up on the night assigned his squad by the Chief of the department. g 13. Settlin'all minor disputes and disagreements within the company'in a timely, fair, and just manner according to standard operating procedures. 14. Giving, along with the Chief and Assistant Chief, a written and oral performance evaluation of each member of his company/squad on a yearly basis (inviting feedback from that squad member on that evaluation). 15. Remaining cognizant of department policies and standard operating procedures. 16. Enforcing department policies according to the department policy manual. 17. Being responsible for the performance and conduct of his or her company. 18. Being responsible for the overall appearance of vehicle operation and readiness. On an emergency scene, the captain will supervise the company and crew of firefighters to perform tasks as assigned by an officer in charge. The captain is responsible for the apparatus and equipment utilized by his/her company or crew in the performance of their tasks. A captain may be in command of an emergency scene until relieved by an officer of higher rank or until completion of his duties. In the absence of a Chief, the captain with the greatest consecutive years of service in that rank shall be the officer in charge. The captain will write and submit incident reports for all emergency incidents at which he/she maintains command. POSITION REQUIREMENTS - Members meeting the minimum requirements listed below will be placed on an eligibility list and considered qualified for the position. The position will be filled by the voting of the membership at the annual meeting. The candidates shall: 1. Have a minimum of four years experience on the department. 2. Have taken and achieved a certificate of completion of Firefighter I training through the Vo -Tec system and have a minimum basic first aid knowledge. 3-9 3. Possess good verbal and written communication skills and be able to author various reports. 4. Be able to carry out his/her responsibilities and provide good communications in a calm, positive, and professional manner under emergency conditions. 5. Have compiled study in the. following: Instructor/Officer training; Firevround Command; Tactics Management Hazardous Materials NOTE: The above listed are topics only, not course titles. 6. Shall attend the monthly officer meeting and training. POSITION RELATIONSHIPS - The captain reports to the Assistant Chief. In the absence of the Assistant Chief, the captain reports to a delegated replacement. On an emergency scene, the captain will report to the Chief or Assistant Chief or officer in charge. 3-10 FIREFIGHTER POSITION SUMMARY - A firefighter is a member who has been accepted by membership vote and completed his probationary period. The primary purpose of the firefighter is to prevent or minimize losses of life and property from fire and other emergencies. The firefighter, under direction, is responsible for performance in suppression, prevention, emergency first response and other related work as required, both in day to day operations and at emergency scenes. A firefighter is responsible for the safe and proficient use of tools and equipment in the performance of these duties. This position also involves some risk to himself and fellow firefighters. POSITION RESPONSIBILITIES/DUTIES - A firefighter is responsible for performing in a manner that enhances the efficient operation and growth of the department, including: 1. Respond as dispatched in the event of an emergency call regardless of the time of day. 2. Follow safety rules and regulations to protect himself and his fellow firefighters. 3. Perform tasks assigned by an officer. 4. Participate in fire prevention and pre -incident planning details. 5. Be cognizant of and adhere to department policies and operating procedures. 6. Maintain all property and equipment issued to him. 7. Become a member of and actively participate yearly in fire department committees (i.e., bylaws, social, planning, etc.). 8. Do his part to establish and maintain good public relations. 9. Keep secure all information that is not to be communicated outside the department. 10. Aid in the orientation and guidance of fellow fire- fighters. 11. Work to constantly improve his skills and knowledge. 12. Participate in station and department work details including care and maintenance of station, apparatus, and equipment. 3-11 13. Be familiar with streets and addresses. 14. Be familiar with firfighting skills, fire prevention procedures, fire fighting subjects, and the maintenance, operation and function of all department equipment. 15. Keep department apparatus, tools, and equipment in good condition, know their location, and report any deficiencies to the officer in charge. 16. If the firefighter was the enVineer on apparatus, he shall fill in the log book located in each truck after every run or training in which he was the operator. 17. Be punctual to, and attentive at, all required department functions. 18. Meet the minimum attendance requirements for emergency calls, and training meetings as specified in the policies and procedures manuals. 19. Participate in department fund raising activities. 20. Must maintain physical conditioning to allow performance of fire suppression duties. POSITION REQUIREMENTS - 1. A firefighter shall have completed the department's pro- bationary firefighter period. 2. A firefighter shall have been accepted by the membership according to policy and procedures. 3. A firefighter shall have completed all mandatory probationary schooling and testing as defined by the training department. POSITION RELATIONSHIPS - The firefighter receives supervision and direction from a captain on an emergency scene. A firefighter receives direction from the officer on the apparatus on which they are responding. In the absence of any officer, the firefighter receives direction from a senior firefighter. 3-12 PROBATIONARY FIREFIGHTER POSITION SUMMARY - It is the responsibility of the probationary firefighter, with the aid of the training department, to spend the required amount of time according to department policy, training to qualify to be a firefighter. A probationary firefighter shall respond to all calls, but will not participate unless under close supervision of the officers and senior firefighters. On emergency scenes, the probationary firefighter will carry out those tasks as directed by an officer. POSITION RESPONSIBILITIES/DUTIES - The probationary firefighter will: 1. Be assigned to a squad for the purpose of supervision and performance appraisal. 2. Attend all training sessions and drills designated as mandatory by the training department. 3. Attend those outside schools as directed by the training department. 4. Attend Firefighter I as soon as it is offered through the Vo -Tec system. 5. Be responsible for all property issued to him. 6. Conduct himself in a manner expected by the department of any member. 7. Make known to the training department and/or officer any problems at the earliest possible time. 8. Be issued and be responsible for a paging device. Upon receiving an emergency call with this paging device, the probationary firefighter will respond immediately as dispatched. 9. Meet the minimum attendance requirements for fire calls and training meetings as specified by the standard operating procedures. 10. At a point in time to be determined by the training department and officers, start performing firefighting and rescue duties at the scene. 11. Have valid Minnesota Drivers License of C -O or greater. 3-13 POSITION REQUIREMENTS - 1. The applicant shall be at least 18 years, and not more than 65 years of age, and must be able bodied. 2. Applicants must live or work within a six minute response time of the Mendota Heights Fire Station.* This time is determined by taking the average times of three trips from the applicant's driveway to the Fire Station. The time starts from the applicant's driveway and is stopped when the vehicle is parked at the Station. All driving rules and regulations must be obeyed during the testing. 3. The applicant must appear before the officers of the department for an orientation and interview. 4. After recommendation from the Mendota Heights fire department membership, the applicant must meet with the City Administrator on a personal interview. 5. The applicant must be approved by the City Council and take and pass a physical examination provided by the City of Mendota Heights. * Applicants that use their place of employment for qualifying must provide a letter from their employer stating that they will be released for all firefighting responses during work hours. Membership of any member will be re-evaluated at any time that there is a change in the employer's commitment to allow this. POSITION RELATIONSHIPS - A probationary firefighter reports to the training department and officers for development and training until a time designated by the training department and officers. At that time he will report directly to his captain. 3-14 CHAPTER 4 DEPARTMENT GENERAL REQUIREMENTS SECTION CONTENTS PAGE 1 DEPARTMENT SIZE 4 - 1 2 AGE REQUIREMENTS 4 - 1 3 WAITING LIST 4 - 1 4 UNE OFFICERS 4 - 1 5 FIRE MARSHAL & TRAINING COORDINATOR 4 - 1 6 SECRETARY & TREASURER DUTIES 4 - 1 7 WORKMANS COMPENSATION 4 - 2 g FIRE CALL RESPONSE 4 - 2 g MEETING TIMES & RULES 4 - 2 10 TRAINING TIMES 4 - 3 11 CLEAN-UP TIMES 4 - 4 12 COMPENSATION 4 - 4 13 FLOWERS OR MEMORIALS 4 - 4 14 AMENDMENTS TO POLICIES AND PROCEDURES 4 - 5 CHAPTER 4 GENERAL REQUIREMENTS SECTION 1 The Departmesize shall be set by council action. Size shall include Four (4) Captains and Two (2) Chief administrative officers (Fire Chief and Assistant Fire Chief) SECTION 2 Members shall be at least eighteen (18) years of age and live within the required response area as detailed under the job description for Probationary Firefighter. All members shall retire at the age of sixty-five (65) and automatically become honorary members. SECTION 3 The Department will keep a waiting list of prospective members. SECTION 4 The line officers of this Department are the Fire Chief, the Assistant Fire Chief and four (4) Captains. The Qualifications and how each is chosen is detailed in the job descriptions for each. SECTION 5 There shall also be a Fire Marshal and Training Coordinator both of whom are chosen according to the procedure stated in their respective job descriptions. SECTION 6 There are two (2) additional administrative officers of the department. They are: Subd. 1 Secretary - This member is elected by the membership at each annual meeting held in October. It is the secretary's responsibility to keep accurate minutes of all meetings of the Mendota Heights Fire Department and disperse necessary information as ordered by the membership. He/she shall be compensated by the membership annually as determined by the minutes of the annual meeting. This Member shall have a minimum of four years of service on the department unless waved by a membership vote at a regular general meeting. Subd. 2 Treasurer - This member is elected by the membership at each annual meeting held in October. It is the treasurer's responsibility to keep complete and accurate records of all donations and expenditures made to and by the Mendota Heights Fire Department in accordance with 6P2 icable state statutes. He/she shall give an accounting of all receipts and disbursements at the regular monthly meeting. He/she shall not pay out any money except. as provided for by vote of the Department. 4-1 He/she shall be compensated by the membership annually as determined by the minutes of the annual meeting. This Member shall have a minimum of four years of service on the department unless waved by a membership vote at a regular general meeting. SECTION 7 All members of the Department are considered City Employees as far as workman compensation and insurance are concerned. Members are covered from the instant that an emergency is paged out until that member arrives back at his/her residence via the most direct route. If an injury is sustained Workman Compensation Benefits shall be based on the members full time employment plus his/her firefighter employment. SECTION 8 FIRE CALLS Subd. 1 Members are expected to respond to all calls for which they are available. They must meet the requirements as specified in Article VIII, Section 1, subd. 2. SECTION 9 MEETINGS Subd. 1 The regular business meetings of the Department shall occur on the third Wednesday of each month at 1930 hours. The hour may be changed by a vote of the members at any regular meeting. Should a regular meeting fall on a legal holiday it shall be postponed until the following Wednesday night. All members shall meet minimum attendance requirements as specified in Article VIII, Section 3. Subd. 2 The line Officers, Secretary and Training Coordinator of the Department shall meet on the first Wednesday of every month at 2000 hours. This time may be changed by concurrence of these meeting participants. Subd. 3 The annual meeting of the Department shall occur on the third Wednesday of October. Subd. 4 A quorum shall consist of 15 active members. 4-2 Subd. 5 No Person or persons shall be allowed to attend or participate in any regular meeting or special meeting of this Department except members of the City governing body, Cil y Administrator, honorary members, active members and probationary members. Outside representatives may be present if called in on a consulting basis. Subd. 6 Special meetings may be called by the chief whenever he may deem it necessary, or by a written request by at least five (5) members of the department, stating the purpose and urgency of the meeting, submitted to the Chief. The meeting shall be held within 7 days following the written request. Subd. 7 Meetings will be conducted in an orderly manner and the rules set forth in Robert's Rules of Order shall govern. Subd. 8 The order of business for all meetings of this Department shall be: A. Call meeting to order B. Reading of minutes of previous meeting C. Treasurer Report D. Reading of Communications E. Committee Reports F. Unfinished and Old Business G. New Business H. Payment of Bills I. Good of the Department J. Adjournment SECTION 10 TRAINING Subd. 1 Drills and training sessions will be held on the days specified below. All members are required to meet drill requirements as specified in Article VIII, Section 4. Regular Drill the first Thursday after the first Wednesday of every month at 1900 hours. Make-up Drill - the Saturday morning after the regular drill at 0900 hours. Rookie Drill - the second Tuesday of every month at 1900 hours. Rescue Drill - the last Monday of every month at 1900 hours. Special Drills - when called by the Fire Chief or Training Coordinator. 4-3 SECTION 11 CLEAN-UP Subd. 1 Clean-ups shall be held on days specified below. Times and days may be temporarily changed if all members on the squad agree. All members are required to meet the requirements of Article VIII, Section 5, Subd. 1. Squad 1 - the first Wednesday of every month at 1900 hours Squad 2 - the Thursday after the regular drill at 1900 hours Squad 3 - the, Thursday after the regular or annual meeting at 1900 hours Squad 4 - the Wednesday after the regular or annual meeting at 1900 hours Make-up - the last Monday of the Month at 0900 hours Specials - when called by the Fire Chief SECTION 12 COMPENSATION Subd. 1 All members will be compensated for time as detailed in the standard operating procedures and by council resolution. All members will be paid on a semi-annual basis. These paydays are at the regular meetings in June and December. SECTION 13 FLOWERS OR MEMORIALS Subd. 1 Flowers or memorials are to be sent to the spouse or children residing at a firefighter's home in the event of a firefighter's or retired firefighter's death. An amount, not to exceed $40.00, out of department funds, will be used unless changed by the membership. It shall be the Treasurer's responsibility to carry out this subdivision. Subd. 2 Flowers or memorials are to be sent to all firefighters and retired firefighters in case of death of a spouse or immediate family member. An amount, not to exceed $40.00, out of department funds, will be used unless changed by the membership. It shall be the Treasurer's responsibility to carry out this subdivision. Subd. 3 Flowers or an appropriate gift shall be sent to all firefighters in the hospital after a second day. A limit of $ 25.00 is allowed. It shall be the Treasurer's responsibility to carry out this subdivision. 4-4 Subd. 4 In the event of any of the above situations a firefighter or family member shall notify the Fire Chief and then the Treasurer of the Dopartmont. SECTION 14 AMENDING OF RULES AND REGULATIONS Subd. 1 Any minor amendments to these Rules and Regulations such as the permanent changing of a meeting or Drill (night or time) or to correct spelling errors may be effected by receiving a motion and a second from the floor and a favorable vote of two-thirds of the membership present at a regular or special meeting. Subd. 2 Any Major amendments shall be proposed in writing and referred to the Bylaws committee for review. The committee shall conduct departmental hearings or meetings and recommend,-fe; approval or disapproval Qf the 12 opose changes at a future regular meeting. The Department membership shall then vote on the committee's recommendation. Passing of the amendment shall require concurrence of two-thirds, of the membership present at the regular meeting. Subd. 3 The above mentioned Bylaws committee shall be composed of a minimum of five (5) active members and a maximum of nine (9). This committee shall be pr e� tual. 4-5 CHAPTER 5 DEPARTMENT RULES AND REGULATIONS ARTICLE CONTENTS PAGE I PURPOSE 5-1 I I KNOWLEDGE OF REGULATIONS 5 - 1 III COOPERATION WITH OTHER AGENCIES 5 - 1 IV RELEASE OF INFORMATION 5 - 2 V INTERFACE WITH CITY OFFICIALS 5 - 2 vi CONDUCT 5 - 3 V11 ORDERS 5 - 3 VIII FIREFIGHTER RESPONSE AND REQUIREMENTS 5 - 4 IX PHYSICAL FITNESS 5 - 6 X LEAVES OF ABSENCE 5 - 7 XI LIGHT DUTY POLICY 5 - 9 X11 INTOXICANTS 5-11 XIII DEPARTMENTAL PROPERTY 5-12 XIV MISCELLANEOUS 5 - 1 3 XV ELECTION OF OFFICERS 5-14 XVI EXECUTIVE BOARD 5-16 XVII REVIEW BOARD 5 - 1 8 XVIII EXPULSIONS 5-19 ARTICLE 1 The purpose of these regulations is to provide a basis for orderly and disciplined performance of duty. Their publication will promote a clearer knowledge of what is expected of personnel generally, and of all officers and firefighters specifically. This should result in a greater degree of self-assurance in all positions. In relationships between the ranks it shall be our individual aim to continuously build mutual respect and confidence which is so essential to our successful operation. ARTICLE 11 KNOWLEDGE OF REGULATIONS Every member is required to establish and maintain a working knowledge of all regulations currently in force, the Standard Operating Procedures of the. department, and the general and specific orders of the department. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the regulation or policy in question. ARTICLE III COOPERATION WITH OTHER AGENCIES Members shall cooperate with ALL law enforcement agencies, other city departments, and other public safety organizations, and give aid and information as such organizations may be entitled to receive consistent with departmental orders. If a member of the Department has a problem with any of the other agencies with which the department is involved with, he shall NOT take the matter into his own hands, but shall refer the complaint up through the chain of command. 5-1 ARTICLE IV RELEASE OF INFORMATION SECTION 1 Members of the Fire Department shall NOT make any comments or release any information to any news media personnel concerning fire cause, damage, firefighting procedures, etc. Only statements authorized by the Fire Chief or the commanding officer shall be released to the news media by a person authorized by the Fire Chief or Commanding officer to do so. All firefighters coming in contact with news media should should direct them to the Chief or Commanding officer. SECTION 2 Weekly news media information shall be released only by a member of the department appointed by the Chief as publicity officer. SECTION 3 Members of the department shall not perform any acts or make statements, oral or written, for publication or otherwise which tend to bring the department or its administrative officers into disrepute or ridicule, or which destructively criticize the Department of its administrative officers in the performance of their official duties; or which tend to disrupt or impair the performance of official duties and obligations of the officers of the department; or which tend to interfere with, or subvert the reasonable supervision of, proper discipline of officers of the department. SECTION 4 Constructive criticism of any department, operation, employee, or policy of local government is encouraged. Whenever there are any such constructive criticisms, it shall be discussed only with members of the Department and shall be transmitted up the chain of command for appropriate action. SECTION 5 All members shall treat as confidential the business of the department. All information and matters discussed at regular or special meetings of the Department shall be treated as confidential and not discussed with outsiders. ARTICLE V INTERFACE WITH CITY OFFICIALS SECTION 1 No member shall contact the Mayor, City Council or City Administrator on Fire Department matters or problems except by permission of the Chief. Any member contacted by the Mayor, City Council or City Administrator on departmental matters shall notify the Chief of the incident and all details involved. 5-2 SECTION 2 No member shall refer any citizen to the Mayor, City Council or City Administrator. If the request or incident cannot be handled by the member, it shall be referred up the chain of command. ARTICLE VI NDU T SECTION 1 Members shall be courteous and orderly in their dealings with the public. They shall perform their contacts without using harsh, violent, profane or insolent language. Visitors at the station shall be courteously received and escorted through the station, if they so request and routine procedures and practices explained. SECTION 2 Every member shall accord respect to his/her superior officer and fellow firefighters at ALL times and shall refrain from critical or derogatory comments. SECTION 3 When addressing superior officers, members shall observe a respectful attitude and use proper title, particularly in the presence of the public. Officers will do the same when addressing all members of the department. SECTION 4 No member of the department shall make statements, oral or written, or act in any manner that may bring the department into disrepute or ridicule when in a public area. ARTICLE VII ORDERS SECTION 1 All members shall promptly obey any lawful order emanating from any superior officer or Commanding officer. Obedience to an unlawful order is never a defense for an unlawful action. SECTION 2 No command or supervisory officer shall knowingly issue any order which is in violation of any department order or rule. SECTION 3 Should any order conflict with any previous order from any other officer, the member shall promptly and respectfully call attention to such conflict of order for the benefit of said officer. If said officer does not change his order to remove such conflicts, his order shall stand. 5-3 SECTION 4 When an officer issues an order, being fully aware that such order is in conflict with a previous order, as discussed in section 3 above, he shall be held accountable for any harmful results which may ensure from the interference with the execution of the previous order. SECTION 5 Members in doubt as to the nature or details of their assignment shall seek such information from their superiors by going through the chain of command. SECTION 6 Any operational order.W posted on the bulletin board or distributed at a regular monthly meeting in the Department by order of the Chief shall have the same effect as, and be construed as part of, the Rul96 and Regulaiiens Standard operating arocedures of the department. ARTICLE VIII FIREFIGHTER RESPONSE SECTION 1 EMERGENCY RESPONSE Subd. 1 All firefighters shall carry their pagers at all times in which they are available to respond to fire calls. Subd. 2 All members of the Fire Department shall make a minimum of fifty percent ( 50% ) of the Department average for fire call response. This figure is posted monthly in the monthly Department report and shall be reviewed- quarterly. eviewed r rl . Subd. 3 All firefighters shall be prompt in reporting for an emergency call and shall respond according to department Standard Operating Procedures. Subd. 4 Members shall obey ALL traffic laws when responding to a reported emergency whether in their own vehicles or Department vehicles. Members responding in their own vehicles shall report to the command post upon arrival at the scene. 5-4 Subd. 5 After reporting to a fire call, no member shall leave the scene of the fire unless ordered by the officer in charge or first receiving permission from the officer in charge. Unless excused by the officer in charge all personnel shall respond back to the station after the emergency to prepare the equipment for the next emergency. Subd. 6 Members responding to the station shall follow SOP in apparatus and personnel response. Upon arriving on the scene, all personnel, except for the first in apparatus, shall .stay with their equipment until ordered to assist at the scene by the incident commander. Subd. 7 Protective clothing and breathing apparatus shall be worn as per SOP. Subd. 8 Smoking by members will not be permitted at any time or place where smoking is prohibited by regulations. Smoking is prohibited on ALL Fire Department apparatus. SECTION 2 NON - EMERGENCY Subd. 1 All members are expected to be at all non - emergency functions on time and prepared for the scheduled activity. Subd. 2 No member shall consume any beverage during a business or training meeting except at designated breaks. SECTION 3 MEETINGS Subd. 1 All members shall be required to make a minimum of eight (8) monthly meetings each year. unless special arrangements are made with a line officer. SECTION 4 DRILLS Subd. 1 All members shall be required to make a minimum of one (1) Training session per month and at least four (4) additional sessions throughout the year. unless special arrangements are made with the Chief or Training Coordinator 5-5 SECTION 5 CLEAN - UP Subd. 1 All members shall be required to make at least one (1) clean-up detail per month. This requirement shall be met by meeting on the night assigned to your squad. If a member must miss the clean-up detail on the night assigned to him/her or a special clean-up, he shall coordinate the absence with his Captain and arrange a make up of time lost. SECTION 6 SPECIAL ACTIVITIES Subd. 1 All members are expected to make any special meetings or training exercises as set up and called for by the training coordinator or Chief. If a member cannot attend he shall inform the Training Coordinator or an officer. ARTICLE IX PHYSICAL FITNESS SECTION 1 All members of the Department shall maintain a good physical condition so they can handle the strenuous physical contacts often required of firefighters. The department requires, and pays out of department funds, one department physical every four (4 ) years, completed by the city physician. SECTION 2 Any member may be requested by the Chief to undergo a physical examination by the City physician, paid for by department funds, at some time more frequent than stated in section 1 if there is a suspected physical problem. SECTION 3 All members shall immediately report to an officer any accident, sickness or injury occurring to themselves while on duty, no matter how trivial. SECTION 4 All members shall report to an officer any sickness or physical disability that affects his ability to perform all facets of firefighting tactics and operations. 5-6 ARTICLE X LEAVES OF ABSENCE SECTION 1 Leaves of absence shall be granted as stated in Sections 2, 3 and 4. Any member on leave of absence (INACTIVE STATUS) shall surrender all department property while on such leave SECTION 2 MEDICAL LEAVE Subd. 1 Any member who is hospitalized for any reason or incapacitated by injury or illness will automatically be placed on medical leave. The Review Board shall determine whether the medical leave is service or non service related. Subd. 2 Service related 2.1 The board shall determine the length of medical leave with active status by each individual case. In no case shall the length of active status extend longer than five (5) years. 2.2 At the discretion of the board a member on leave under this section may be required to perform light duty requirements as stated in Article XI. The board may require an evaluation of the circumstances by the City physician to see if is possible for the member to meet the light duty requirements. Subd. 3 Non Service Related 3.1 Only members in good standing and not on probation may be granted any Active status consideration by the board. It shall be the boards sole decision as to whether the member should be placed on active status for a maximum of ninety (90) calender days. 3.2 After five (5) calender days a doctors written release will be required before returning to active duty. This release shall be submitted to the Chief. 5-7 3.3 Active status is allowable for up to ninety (90) days. Prior to the ninety (90) day deadline, a letter of intent must be received from the individual, and his doctor, by the board as to medical progress and apply application made for a second ninety (90) day period of inactive status or light duty as is stated in Article XI. 3.4 A hearing between the individual and the board must be held to determine whether the individual meets the light duty criteria for active status; or whether an additional leave, of up to ninety (90) days of inactive status will be granted. The board may require an evaluation of the circumstances by the City physician to see if is possible for the member to meet the light duty requirements. 3.5 if a member does not return to active status or take personal leave (Section 3) within the 180 calender day period he shall be recommended to the General Membership for expulsion under Article XVIII. SECTION 3 PERSONAL LEAVE Subd. 1 Each member in good standing and not on probation shall be granted up to one (1) year of personal leave (INACTIVE STATUS) by the Review board upon a request in writing by the member. Subd. 2 A member may receive one (1) additional year of personal leave upon a request in writing for this additioRal y9aF being submitted to the board prior to expiration of the first leave. Failure to request the additional leave prior to the expiration shall mean no additional leave will be Granted. The board shall than make a recommendation to the General Membership as to approval or denial of the request. Subd. 3 The membership shall vote, by secret ballot on the board recommendation, for the additional leave. The recommendation shall pass based on a majority vote of all members present at the business meeting where the question arises. Subd. 4 In no instance shall a member be allowed more than two (2) years of personal leave. 5-8 SECTION 4 MILITARY LEAVE Subd.1 Any member reporting for military service shall be given a leave of absence for the period he is in the service. Returned members shall be governed by Federal and state statutes. ARTICLE XI LIGHT DUTY POLICY SECTION 1 The purpose of the Light Duty Policy is to provide the Fire Department with the ability to utilize the experience and knowledge gained by firefighters that have been GR the injured either on or off duly that meet the qualifications as specified in section 3, while not being able to perform 100% of the functions necessary of a firefighter. MM .1"FER . .. .. . .. �':'.�• i %LT7t1 i iTlZ iT.'1 R TT=7T.7:T �:rn :� n a a r.� SECTION 2 APPLICATION FOR LIGHT DUTY Subd. 1 An injured firefighter may apply for light duty by submitting a doctors affidavit to the Fire Chief or Assistant Fire Chief, stating that the doctor approves of the firefighter performing all of the functions listed in section 4 and listing the type of disability and the projected length of disability. Subd. 2 The Fire Chief shall review the request for light duty, and make a recommendation to the Review Board for their approval or disapproval. The firefighter applying for light duty shall be placed on medical leave of absence as per Article X, section 2, until such time as the application is reviewed by the board. If the Board determines that the applying firefighter does not meet the criteria of the Light Duty Policy, the Board shall deny the request for light duty. Subd. 3 Upon approval of the light duty application by the Board, the firefighter applying for light duty shall have a maximum of three (3) years from the date of approval to either return to duty as a firefighter, or resign from the fire department. Length of fight duty may be up to five (,5) years in length for service related injuries. Subd. 4 At any time, if the Fire Chief feels that the firefighter is abusing the requirements of light duty he shall make a recommendation to the Review board for the discontinuation of light duty and reverting back to Article X, Leave of Absence. 5-9 SECTION 3 QUALIFICATIONS FOR LIGHT DUTY Subd. 1 To qualify for light duty, a firefighter shall be an active member not on probation and in good standing with the Department. Subd. 2 The firefighter shall continue to live within the response area as designated in the qualifications for being a member of the department. Subd. 3 A firefighter on light duty shall provide to the Fire Chief a certificate from the attending physician that indicates the firefighter's disability and the need to remain on light duty. Failure to provide the certificate every ninety (90) days shall be grounds for dropping the firefighter from the Light Duty Position. SECTION 4 LIGHT DUTY REQUIREMENTS Subd. 1 The firefighter shall maintain the minimum firefighter response levels as stated in Article VII. Subd. 2 The firefighter shall respond to the station in all cases where the pager is activated. The firefighter will only be allowed to respond to an incident at the request of the commanding officer, and upon arriving at the incident, the firefighter shall report directly to the commanding officer. Subd. 3 Duties of a firefighter on light duty include, but are not limited to, 3.1 Responsible for manning the dispatchers office, assisting in cleaning of the station, and equipment, when it returns after a call. 3.2 Assist the Training Coordinator in preparation and presentation of drills. 3.3 Assist Chief's staff in surveying and preparing pre -plans for designated businesses and apartments throughout the City. 3.4 Assist Chief's staff in data collection and organization of data for reports. 5-10 3.5 Filling out fire reports, monthly reports, updating maps, pre -plans and data entry. 3.6 Assist Chief's staff in miscellaneous administrative responsibilities. ARTICLE XII INTOXICANTS SECTION 1 RESPONDING TO EMERGENCIES Subd. 1 No member of the department shall respond to an emergency while under the influence of alcoholic beverages or drugs or be unfit for duty because of their excessive use. Subd. 2 No member of the department shall drive or be in physical control of any Department vehicle while under the influence of an alcoholic beverage or drug which may result in -14e4 being unfit for duty. SECTION 2 ON DEPARTMENT PREMISES Subd. 1 Members shall not use any intoxicating liquor or non -intoxicating malt liquor on Departmental premises except in areas or on occasions prescribed by the Chief. Subd. 2 Except for certain social events, NO liquor or non -intoxicating malt liquor shall be consumed in the apparatus area or shop area of the station. SECTION 3 IN PUBLIC Subd. 1 No member shall be under the influence of any intoxicating liquor or non - intoxicating malt liquor while in public places and in uniform. SECTION 4 Any member grossly violating any of the above sections shall automatic be given a thirty (30) day suspension with no appeal. 5-11 ARTICLE X111 DEPARTMENTAL PROPERTY SECTION 1 All firefighting equipment, Keys, Badges and Identification cards issued to members are the property of the Mendota Heights Fire Department. All equipment, keys, badges and identification issued, shall be surrendered to the Fire Chief upon taking leave of absence, resigning, or retiring from the Department. At the Fire Chief's discretion some articles may be allowed to be kept as a token of appreciation. SECTION 2 All members are responsible for the safekeeping and proper care of all property used by them and belonging to the Fire Department. This includes personal protective equipment as well as equipment at the station. Any member that finds Department property that is damaged, unsafe, or would otherwise be in -operable in an emergency, shall be responsible for the reporting of this information on the proper form to the officer in charge at once. Any repairs made by members of the Department should be reported in writing and sent up the chain of command. SECTION 3 Department owned equipment shall be used only for official purposes only and NO equipment shall be removed from the station for other than emergency purposes except by permission of the Fire Chief. SECTION 4 No member shall alter arrangements of any firefighting equipment without approval of the Fire Chief. SECTION 5 No Member shall alter or tamper with any Department owned equipment or facilities that would affect proper and safe operation of the equipment. Any member found engaged in such activity will immediately be expelled from the Department. SECTION 6 Any member aware of Department equipment that is missing shall make an attempt to recover the equipment. If the member is unable to recover the equipment, or it upon recovery the equipment is damaged or unsafe, it shall be reported on the proper form to the officer in charge. SECTION 7 No person shall be allowed to ride on or use Department owned equipment except members of the Department, individuals being transported in the course of public safety work, or others specifically approved by the Fire Chief or Commanding officer. 5-12 SECTION 8 All communications, letters, notices, requests, etc. received by a member or delivered to the fire station, pertaining to the fire department is considered Departmental property and shall be forwarded to the Chief or person addressed. SECTION 9 All property that is found, recovered or being held by the department is considered Departmental property. No member shall convert to their own use or have any claim to any property owned or in the Departments care except as approved by the Chief. ARTICLE XIV MISCELLANEOUS SECTION 1 GIFTS, FEES, REWARDS Subd. 1 Members shall not accept directly or indirectly any gift, gratuity, loan, fee or other thing of value arising from or offered because of their help or employment. Any member approached by a person or group wishing to provide any of the above shall direct that person or group to send it directly to the Fire Department. Subd. 2 Members shall not solicit personal gifts, gratuities, fees, loans, rewards for services provided or arising from their involvement with the Fire Department. Subd. 3 This section shall not apply to department approved solicitations. SECTION 2 USE OF IDENTIFICATION Subd. 1 The intent of official identification of all members via uniform, badge, identification card, etc. is to allow the member to obtain admission to any area or structure in an emergency where members are allowed. Subd. 2 No member shall use his badge, uniform, identification card, or official position to solicit special privileges for him/her self or others. 5-13 ARTICLE XV ELECTIONS SECTION 1 ELECTION OF CAPTAINS Subd. 1 A Nominations committee shall be selected at the August general meeting consisting of three members of the department. These members shall be picked by nomination and vote of all members present at the August meeting. Subd. 2 The nominations committee shall review the minimum qualifications of all possible Captain candidates. The committee shall then contact all persons who meet the minimum requirements of the office and determine their interest in the position. Subd. 3 The nominations committee shall post all qualified captain candidates at least two weeks prior to the General Election in October. All Candidates that expressed interest in the position should be marked with an "". Subd. 4 A qualified candidate need not be present at the annual meeting if they have a good reason and a letter stating that they would accept the position if voted in. SECTION2 ELECTION OF SECRETARY AND TREASURER Subd. 1 The nominations committee shall have a list of all personnel eligible for these offices at the meeting. Nominations to these positions will be accepted from he floor from the membership present on the night of the annual meeting immediately following the election of Captains. Subd. 2 A firefighter running for any of the offices need not be present at the election but must file a letter stating that he/she would accept such nomination. SECTION 3 REVIEW BOARD SEATS Subd. 1 Three persons shall be elected by the membership at the annual meeting to serve on the Review Board for a period of 1 year. 5-14 Subd. 2 Nominations will occur from the floor after the election of secretary and treasurer. Line officers are not allowed to be nominated, All other Active firefighters in good standing and not on probation are eligible. All persons nominated shall be considered as candidates and there is no right of the individual to refuse the nomination. SECTION 4 ELECTION NIGHT Subd. 1 The election of all officers and review board members will occur at the annual meeting of the department in October by closed written ballot. Subd. 2 The following outline will be followed: a. Election of Captains (two per year, tm year term staggered) b. Election of Secretary c. Election of Treasurer d. Election of Review Board Members. Subd. 3 Members may submit a sealed absentee ballot for Captains to the Secretary of the department if they have a good reason for not attending the annual meeting. The Ballot should be placed and sealed in an envelope and given to the secretary of the Department not more than seven days in advance of the Annual meeting. The Envelope should be clearly marked "ELECTION OF OFFICERS" and have the members name also clearly visible on the envelope. The member should follow the rules of Subd. 3 when voting. In a case where a candidate withdraws his nomination on the night of the election unbenounced to the voting member that candidates name shall not be counted but the other name would still be a valid vote. Subd. 4 All Members shall vote for a maximum of two Qualified and willing Captain candidates as posted by the nominations committee on any one ballot. Any ballots with more than two names written upon the ballot with be thrown out. (Unless it is a special election and more names are allowed). Subd. 5 The top two vote gatherers will be elected into the office of Captain with the 3rd highest vote gatherers name kept to fill any possible unexpired terms prior to the next general election. 5-15 Subd. 6 Transition of leadership shall occur on December 1 Subd. 7 The remaining positions will then be voted on in the order stated in Subd. 2 by secret ballot. A white ballot may be cast if there are no more nominations received than there are positions to fill. ARTICLE XVI EXECUTIVE BOARD SECTION 1 The Executive board shall consist of the Chief, the Assistant Chief and the four company captains. SECTION 2 DUTIES OF THE BOARD Subd. 1 This board shall convene on the first Wednesday of every month. It shall also convene as called by the Chief . Subd. 2 This board shall establish all policies and operating procedures and all changes thereto of this department. Subd. 3 This board shall review the attendance of each member in the months of March, June, September and December to determine wether each member is meeting the requirements of Article VIII. Subd. 4 This Board will use the following procedure for failure to meet the requirements of Article VIII. A. First Delinquent Quarter This individual's Captain shall notify the individual verbally plus make a note of said notification, which will be placed in the individual's personnel file, a copy to the individual. 5-16 B. Second Delinquent Quarter This individual's Captain shall notify the individual in writing, that a third delinquent quarter will require attendance at a hearing to determine cause for failure to meet the criteria of Article VIII. A copy of this notification will be placed in the individual's personnel file. C. Third Delinquent Quarter A hearing will be conducted by the Executive board to determine cause for non-compliance. The individual involved shall be contacted a requested to attend this hearing. a. The following factors will be taken into consideration. 1) A special cause for non-compliance 2) Attitude of individual 3) Future intentions of individual D. The above three Delinquent quarters need not be consecutive but shall not exceed one year. The following minimum guidelines shall apply. a. Three delinquent quarters out of the last four quarters shall be a 30 day retroactive suspension. (Inactive Status) b. Four delinquent quarters out of the last five quarters shall be a 90 day retroactive suspension. (Inactive Status) c. Five delinquent quarters out of the last Seven quarters member shall be brought to the floor for expulsion. Article 18 shall apply. E. If the board determines disciplinary action is in order they will forward their findings and recommendation to the review board. 5-17 ARTICLE XVII REVIEW BOARD SECTION 1 MEMBERSHIP This board shall consist of the Chief of the Department, Assistant Chief, Two Captains (randomly selected) and three active firefighters to be elected annually by the membership at the Annual Meeting. The active firefighters shall not include any line officer or probationary firefighter. SECTION 2 DUTIES OF THE BOARD Subd. 1 DISCIPLINARY ACTIONS A) This board shall pass on all suspensions and disciplinary actions. A hearing shall be conducted within seven(7) days of notification of suspension. The individual involved must be contacted and asked to attend the hearing. 1) SUSPENSIONS: The Board shall determine: a) Validity of suspension b) Period of suspension c) Active or inactive status of suspension 2) OTHER DISCIPLINARY ACTION: The Board shall determine appropriateness of other disciplinary actions imposed by the Executive Board,br by the Chief. Subd. 2 This Board may recommend expulsion under article 18 section 1 Subd. 3 This Board shall pass on all leaves pursuant to Article 10 and make recommendations to the membership. Subd. 4 This Board shall pass on all light duty applications pursuant to Article 11 Subd. 5 The Board shall elect their own chairman and keep minutes of all proceedings. All proceedings of the Review Board shall be open to the membership with the exception that the Boards decision on a matter in question will be made at a closed meeting. 5-18 Subd. 6 The Boards decision shall be reported to the general membership at the next general membership meeting providing the party or parties involved are first notified of the board decision by the chairman. This report shall include the alleged violation, the facts, and the final board decision. ARTICLE XVIII /1A` EXPULSION lr •�u�Lti^�aJ�'1 't^ SEC ION 1 No member shall be - from'this department without concurrence of two thirds (2/3) of the membership present at a general meeting, nor shall they be expelled without the opportunity to defend themselves; except that this shall not pertain to the acceptance vote taken by the membership on a probationary firefighters. The vote taken shall be by secret ballot of the membership. If the membership vote is for expulsion of the member that recommendation shall be forwarded to the Ci(y council for action SECTION 2 Any Captain in the department may be impeached therefrom and removed from office by a two thirds (2/3) vote of the members present at a general meeting. The charge against the officer shall be made in writing and filed with the Chief at least one month before any vote shall be taken upon it, and a copy of said charges shall be served upon that officer at least two weeks before such vote be taken. The vote taken shall be by secret ballot of the membership. 5-19 ORDINANCE NO. 101 AN ORDINANCE PROVIDING FOR THE ESTABLISHING OF A VOLUNTEER FIRE DEPARTMENT AND MAKING RULES AND REGULATIONS FOR THE GOVERNMENT OF THE SAME. SECTION 1. FIRE DEPARTMENT ESTABLISHED There is hereby established in this Village a Volunteer Fire Department. The Volunteer Fire Department shall consist of a Chief, an Assistant Chief, a Fire Marshal, and such number of firemen as the Village Council from time to time shall authorize. SECTION 2. APPOINTMENT The Chief of the Fire Department, the Assistant Chief, and the Fire Marshal shall be appointed by the Village Council, which body shall, in making such appointments, take into consideration the recommendations of the Village Administrator and the members of the Fire Department. Each of said officers may be removed by the Village Council only for cause after a public hearing. Firemen and probationary firemen shall be appointed by the Council, which body shall, in making such appointments, take into consideration the recommendations of the Village Administrator. Firemen may be removed by the Village Council only for cause after a public hearing. SECTION 3. DUTIES OF CHIEF 3.1 The Chief shall have control over all fire fighting apparatus and shall be responsible for its care and condition. He shall report, semi-annually, to the Village Administrator in February and August of each year as to the condition of the equipment and needs of the Fire Department for budgeting purposes. He may submit additional reports and recommendations at any meeting of the Village Council, and he shall report such suspension by him of a member of the Fire Department at the first meeting of the Village Council following such suspension. He shall be responsible for the proper training and discipline of the members of the Fire Department, and may suspend any member for refusal or neglect to obey orders pending final action by the Village Council on his discharge or retention. 3.2 The Chief shall keep in convenient form a complete record of all fires. Such record shall include the time of the alarm, location of fire, cause of fire (if known), type of building, name of owner and/or tenant, purpose for which occupied, value of building and contents, the Chief's own estimate of the loss incurred, members of the department responding to the alarm, and such other information as he may deem advisable or as may be required from time to time by the Village Council or State Insurance Department. Preliminary estimates shall in, no way be construed as being binding in insurance loss adjustment. Such records shall be submitted monthly to the Village Administrator. 3.3 The Chief shall at least once a month conduct suitable drill or instruction in the operation and handling of equipment, first aid, rescue work, salvage, a study of buildings in the Village, fire prevention, water supplies, and all other matters generally considered essential to good firemanship and safety of life and property from fire. SECTION 4. ASSISTANT CHIEF In the absence or disability of the Chief, the Assistant Chief shall perform all the functions and exercise all of the authority of the Chief. In the absence of the Chief and the Assistant Chief, a Captain shall act as Chief. SECTION 5. DUTIES OF FIRE MARSHAL The office of Fire Marshal may be held by the Chief or Assistant Chief or a designated fireman as appointed by the Village Council. The Fire Marshal shall be charged with the enforcement of all ordinances aimed at fire prevention. He shall have full authority to inspect all premises and to cause the removal or abatement of all fire hazards in conformity to all existing State fire codes. In case of any dispute arising under this section, the property owner concerned shall have the right of appeal to the Village Council . SECTION 6. FIREMEN All Officers and members of the Fire Department shall be not less than eighteen (18) nor more than sixty-five (65) years of age and must be able bodied provided, however, that an Officer or member of the Fire Department may continue as an officer or member after reaching sixty-five (65) years of age by special permission of the Council . Fire- men shall become members of the Fire Department only after a twelve (12) months' probationary period after their appointment in accordance with Section 2 hereinabove. The Village Council may require that each candidate, before he may become a proba- tionary fireman, satisfy certain minimum requirements of height, weight, physical and mental condition or any other qualifications as may be specified by the Council . (101) 2 SECTION 7. LOSS OF MEMBERSHIP Firemen absent from three consecutive drills or calls, or a total of ten (10) drills or calls in any one calendar year, unless excused therefrom by the Chief, shall forfeit member- ship in the department. SECTION 8. COMPENSATION The officers and members of the Fire Department shall receive such compensation as the Village Council may, by resolution, specify. In computing compensation for individual fires or emergency calls, one hour shall be considered the minimum to be paid to any officer or fireman. SECTION 9. SPECIAL ORGANIZATIONS 9.1 The members and officers of the Fire Department shall organize themselves into a Firemans Relief Association. 9.2 The department may also elect a president, vice president, secretary, and treasurer, to be known as Social Officers. Such Social Officers shall be elected in such manner and for such term as the membership shall determine and their duties shall be to arrange for and manage any or all social functions sponsored by the department. 9.3 The functions and duties of said Social Officers shall in no way interfere with those of the regular department officers who are charged with respon- sibility for all fire service activities of the Fire Department. SECTION 10. RELATED SERVICES In addition to fire fighting, the Fire Department may be called upon for other emergen- cies. In such cases, the Chief will exercise due caution to ensure that basic fire protection services are not neglected. In the interest of public safety and community relations, and to keep duty personnel alert, the Fire Department will respond to an emergency call, other than fire, when so directed by the Chief or officer in charge of the Department at his discretion, at the time such a call is received. (101) 3 SECTION 11. 'EQUIPMENT 11.1 The Fire Department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency and properly protect life and property from fire. 11.2 No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully and without proper authority take away or conceal any article used in any way by the Fire Department. 11.3 No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to or under the control of the Fire Department unless accompanied by, or having special permission of an officer or authorized member of the department. 11.4 The City Council may, if it so determines, enter into agreements or contracts with nearby incorporated communities or governing bodies of other organizations to provide the meribers of such communities or organizations with fire protection or to establish a mutual aid system. 11.5 Without the prior consent of the Council, no fire equipment or apparatus shall be hired out or permitted to leave the City limits except in response to a call for aid at a fire or an emergency in a neighboring community. The officer in charge of the Department shall have power to assign equipment for response to calls for outside aid in accordance with subparagraph (11.4) hereinabove and in those cases only when the absence of such equipment will not jeopardize protection within the corporate limits of the City of Mendota Heights. SECTION 12. INTERFERENCE WITH DEPARTMENT It shall be unlawful for any person to give or make, or cause to be given or made, an alarm of fire without probable cause, or to neglect or refuse to obey any reasonable order of the Chief or person then in charge of the Fire Department at a fire or emergency call or otherwise interfere with the Fire Department in the discharge of its duties. SECTION 13. Any person failing to comply with the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed $500 or by imprisonment for not to exceed ninety days. (101) 4 CITY OF MENDOTA HEIGHTS MEMO AUGUST 30, 1988 TO: Mayor and City Council FROM: Kevin D. azL ' City Administrator SUBJECT: LMC Regional Meetings Issue Papers On September 12, Liz Witt and I will be attending the League of Minnesota Cities Regional Meeting for the metropolitan area. Part of the agenda for the evening is for the cities present to vote their position on several key legislative issues before the State and the League. Attached is a copy of the position papers which have been provided for us by the League. I'm placing these on the agenda, so that if Council has strong feelings on any of the issues, it can direct Liz and me in casting the City's vote. At the risk of "leading" the Council, I will offer the following comments on the issues. TRUTH IN TAXATION - no opinion. While I think this is a needless and expensive pain in the neck, having cities come out against truth in taxation may be a no win situation. Our interest may be better served in cooperating with the legislature to make the program workable. HOMESTEAD CREDIT - I would answer a firm NO, in other words we are opposed to supporting the change to eliminate the homestead credit and convert it into an aid program.' Cities like Mendota Heights, with a high tax base and low tax rate, will be far better served by direct credits to the property tax payer than through aid formulas to the local governments. LOCAL GOVERNMENT PAY EQUITY ACT - I would recommend a "no" answer to all of the questions on this one, in other words we do not support the changes. I believe our City has done a fair and equitable job in administering the pay equity act, and would not be well served by further State intrusion into how we compensate our employees. LAND USE - Again, I recommend a "no" position, meaning we do not support passage of a recodified land use planning law. While I tend to agree that the State planning laws are in somewhat of a muddle, the proponents of the recodified law League of Minnesota Cities August 23, 1988 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) TO: Mayors, Managers, and Clerks FROM: James Scheibel, President, League of Minnesota Cities Council President, City of St. Paul RE: 1988 LMC Regional Meetings/Issue Papers Each year the League of Minnesota Cities conducts a series of regional meetings to provide an informal occasion for local officials to join in shaping the LMC agenda for the next legislative session. The regional meetings provide a'special avenue for the League's board, officers, and staff to receive direction from local officials on the priorities of municipalities throughout the state. The regional meetings are important to appropriate policy formation. The meetings are a time to discuss our commonalities and our diversities as Minnesota municipalities, and to identify the strengths and needs on which we want to act. The regional meetings are also a time for us to share as local elected officials. The focus of the afternoon program, which begins at 2:30 pm, is personnel issues such as how to employ, terminate, discipline, and develop an affirmative action plan. There also will be two separate roundtables to discuss Minnesota's new property tax system and how your city is progressing with its comparable worth plan. The evening's agenda will deal with important legislative issues. Attached are issue papers on truth in taxation requirements, the homestead credit program, land use legislation, the local government pay equity act, PERA pension benefits, the development of an ethical code for elected officials, and the tax-exempt status of municipal bonds. At each regional meeting, participants will be asked to complete a ballot sheet indicating their positions on these issues. Please review these issue papers with your council so your city is prepared to complete the ballot. This year, the League is adding a new dimension to our regional meetings. We will present a special slide show for city officials and legislators on the "State of the Cities." The slide show details the latest information about the financial status of Minnesota's cities. PLEASE PERSONALLY INVITE YOUR LEGISLATORS TO THE REGIONAL MEETING YOUR CITY WILL BE ATTENDING. This will give you an opportunity to discuss these critical issues with your own legislators. ==== OVER ==== Mayors, Managers, and Clerks Page 2 August 23, 1988 I sincerely hope you will be able to attend the regional meeting in your area. Your participation is welcomed. Each city will receive an invitation from the host city in your area. However, if for some reason you do not, please call the contact person listed for the regional meeting your city would like to attend to make reservations. League of Minnesota Cities 1988 Regional Meetings Agenda Afternoon Session -- 2:30 - 5:00 pm 1. Personnel Issues -- How to hire, fire, discipline, deal with (2:30 - 3:30 pm) veteran preference hearings, and develop an affirmative action program 2. Break -- 3:30 - 3:45 pm 3. Round Table Discussions -- Comparable Worth Plans and Implementation Schedules Minnesota's New Property Tax System State of the Cities Briefing -- 5:00 - 5:30 pm A special slide show presentation, for city officials and legislators, concerning the "State of the Cities." The slide show will highlight the financial status of cities -- trends in city spending, property taxes, state aids, and public employment. Evening Session -- 5:30 - 9:30 pm 1. Social Hour -- 5:30 - 6:15 pm 2. Dinner -- 6:30 pm 3. Welcome by Host City 4. Welcome by LMC President, James Scheibel 5. Presentation of Issue Papers and Discussion 6. Comments by Legislators and Legislative Candidates League of Minnesota Cities August 23, 1988 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) TO: Mayors, Managers, and Clerks FROM: James Scheibel, President, League of Minnesota Cities Council President, City of St. Paul RE: 1988 LMC Regional Meetings/Issue Papers Each year the League of Minnesota Cities conducts a series of regional meetings to provide an informal occasion for local officials to join in shaping the LMC agenda for the next legislative session. The regional meetings provide a special avenue for the League's board, officers, and staff to receive direction from local officials on the priorities of municipalities throughout the state. The regional meetings are important to appropriate policy formation. The meetings are a time to discuss our commonalities and our diversities as Minnesota municipalities, and to identify the strengths and needs on which we want to act. The regional meetings are also a time for us to share as local elected officials. The focus of the afternoon program, which begins at 2:30 pm, is personnel issues such as how to employ, terminate, discipline, and develop an affirmative action plan. There also will be two separate roundtables to discuss Minnesota's new property tax system and how your city is progressing with its comparable worth plan. The evening's agenda will deal with important legislative issues. Attached are issue papers on truth in taxation requirements, the homestead credit program, land use legislation, the local government pay equity act, PERA pension benefits, the development of an ethical code for elected officials, and the tax-exempt status of municipal bonds. At each regional meeting, participants will be asked to complete a ballot sheet indicating their positions on these issues. Please review these issue papers with your council so your city is prepared to complete the ballot. This year, the League is adding a new dimension to our regional meetings. We will present a special slide show for city officials and legislators on the "State of the Cities." The slide show details the latest information about the financial status of Minnesota's cities. PLEASE PERSONALLY INVITE YOUR LEGISLATORS TO THE REGIONAL MEETING YOUR CITY WILL BE ATTENDING. This will give you an opportunity to discuss these critical issues with your own legislators. ___= OVER =___ Mayors, Managers, and Clerks Page 2 August 23, 1988 I sincerely hope you will be able to attend the regional meeting in your area. Your participation is welcomed. Each city will receive an invitation from the host city in your area. However, if for some reason you do not, please call the contact person listed for the regional meeting your city would like to attend to make reservations. League of Minnesota Cities 1988 Regional Meetings Agenda Afternoon Session -- 2:30 - 5:00 pm 1. Personnel Issues -- How to hire, fire, discipline, deal with (2:30 - 3:30 pm) veteran preference hearings, and develop an affirmative action program 2. Break -- 3:30 - 3:45 pm 3. Round Table Discussions -- Comparable Worth Plans and Implementation Schedules Minnesota's New Property Tax System State of the Cities Briefing -- 5:00 - 5:30 pm A special slide show presentation, for city officials and legislators, concerning the "State of the Cities." The slide show will highlight the financial status of cities -- trends in city spending, property taxes, state aids, and public employment. Evening Session -- 5:30 - 9:30 pm 1. Social Hour -- 5:30 - 6:15 pm 2. Dinner -- 6:30 pm 3. Welcome by Host City 4. Welcome by LMC President, James Scheibel 5. Presentation of Issue Papers and Discussion 6. Comments by Legislators and Legislative Candidates l� Logue of Minnesota Cities Question Truth in Taxation Should the League support the new Truth in Taxation process with amendments to make it workable? Background For payable 1990, all cities (except those under 2,500 population), counties, school districts, and certain special districts must comply with a new "Truth in Taxation" process. That process will require: • adopting a budget and certifying a levy to the county auditor by August 15 of every year; • mailing by September 15 of an individual notice to each taxpayer indicating the effect of the proposed tax increase on the taxpayer's property tax bill (the increases separately for each local unit); • publishing a one-quarter page advertisement in a newspaper of general paid circulation notifying citizens of a public hearing to discuss proposed tax increases; and • holding a public budget hearing by October 25 at which time the council (board) must finalize the budget which cannot exceed the original budget proposed on August 15. Current League Position The League has taken no position yet, because this is a new provision. Arguments Should the League support the new Truth in Taxation process with amendments to make it workable? Yes • It would be politically naive and per- ceived as unreasonable for the League to oppose Truth in Taxation. League opposition would make it ap- pear that cities fear having to face the public and disclose facts about their budgets and levies. No • With tight levy limits (Payable 1990 levy limit waw be only three percent), Truth in Taxation is redundant and overly restrictive of cities' budget making abilities. - over - Issue Paper -4988 Regional Meetings --Page 1 Question Should the League support the new Truth in Taxation process with amendments to make it workable? Arguments (continued) Yes No • League opposition would be fruitless • Truth in Taxation will be a very costly because the Legislature is committed process: cities must share (with to keeping Truth in Taxation. Legis- counties and schools) in the cost of lators believe that such a process will generating individual notices help make local units more (estimated to cost $2 per notice) and "accountable" to the public for their the quarter -page newspaper ad can levy and budget decisions. In addi- cost as much as $2,000 in some tion, legislators believe Truth in newspapers. Taxation will make local taxpayers better understand how local • The August 15 levy certification date governments --not the state --set is far too early for cities to be able to property tax levels. make realistic budget projections for the coming year. This early date-- • Truth in Taxation hearings could be combined with the requirement that useful to cities in helping them the final adopted budget not exceed demonstrate to local taxpayers the the original August 15 proposed cost of state mandates (like com- budget --will put cities in a financial parable worth, for example). Truth in strait jacket. Taxation hearings could also help make taxpayers understand how state . The method for calculating the aids can have a major impact on tax- proposed property tax increases payer bills. It will also indicate cities' which will appear on taxpayer state - portion of tax bill relative to other lo- ments will be misleading and inac- cal units. curate. The proposed property tax in- creases will likely overstate the • The League's general support for impact of budget increases on tax Truth in Taxation would put cities in bills and likely to alarm taxpayers. a better position to successfully seek amendments that will make the process more workable and less onerous for cities. Only if the League is cooperative can we hope to im- prove the new law. • With the existence of Truth in Taxa- tion, the League could make a better case for loosening or eliminating levy limits. For example, the League could recommend that the state re- quire Truth in Taxation only if a local unit needs to exceed its levy limit; if the local unit stays within the levy limit then no Truth in Taxation would be required. Issue Paper -4988 Regional Meetings --Page 2 11 League of Minnesota Cities Homestead Credit Question Should the League support the change to eliminate the Homestead Credit and convert it into an aid program, called Transition Aid beginning with taxes payable 1990? Background A law that the Senate Taxes Committee drafted, has scheduled elimination of Homestead Credit in Payable 1990 to be replaced by "Transition Aid." For the homeowner, the benefit of the Homestead Credit will become part of the new classification structure. The tax capacity percentage (or assessment rate) for homes under $68,000 will decrease from 2.17 percent to 1.00 percent in 1990. Property tax statements will continue to show a "synthetic" Homestead Credit even though the credit is discontinued in 1990. In the first year, this "synthetic" Home- stead Credit will reflect approximately the same amount of tax relief that each homestead received through the past Homestead Credit. However, if the property value of the homestead increases or if the local tax capacity rate (mill rate) in- creases, this "synthetic" Homestead Credit amount shown to the homeowner will automatically increase even though the Transition Aid that the local unit receives may decline or remain the same. For local governments, Transition Aid payments will replace the Homestead Credit. In the first year (1990), Transition Aid payments will approximately reim- burse each local government for the tax base it will lose by lowering the tax capacity percentage on lower -valued homes from 2.17 to 1.00 percent. Thus, Transition Aid payments in 1990 will be roughly similar to what the local unit received from the Homestead Credit reimbursement in 1989. In future years, however, the formula for allocating Transition Aid could change. Senate authors of the Transition Aid program have stated that Transition Aid funding could gradually decrease in the future while the funding for other aid programs increases. For example, Senate authors have suggested that the portion of Transition Aid going to schools could be redirected through the school aid formula. Similarly the portion of Transition Aid going to cities could be redirected through the Local Government Aid (LGA) formula. Current Position The League's policy does not specifically support or oppose the elimination of the Homestead Credit. - over - Issue Paper -4988 Regional Meetings --Page 3 Arguments Should the League Homestead Credit called Transition 1990? Yes support the change to eliminate the and convert it into an aid program, Aid beginning with taxes payable • Converting the Homestead Credit to an aid program will free up roughly $700 million in property tax relief funds and would allow the Legisla- ture to allocate those funds dif- ferently from the way they are cur- rently allocated. For example, more aid could go to communities with greater needs and lower wealth. (Under the current Homestead Credit program, .legislators have less discretion over redirecting funds.) • The state could fund LGA for cities at a higher level. In the past, most in- creases in property tax relief dollars went to the growing Homestead Credit program. Converting the Credit program into an aid program would give the Legislature more con- trol over spending for that program and allow them to channel more dol- lars to LGA. • The Legislature has misperceived the Homestead Credit program as a strong incentive to local governments to spend and levy more, making local governments less "accountable" to taxpayers. Eliminating the Home- stead Credit will eliminate that misperception. • State spending for the Transition Aid program will be more predictable and stable than state spending for the Homestead Credit has been, since the new aid program will not neces- sarily be linked to local property tax levels. No • Cuts in the new Transition Aid program would be easier for the Legislature to make because there would no longer be a direct link be- tween the Homestead Credit that shows up on homeowners' tax state- ments and the aid the state pays to local governments. • Unlike the LGA program, taxpayers understand the Homestead Credit program. It is a popular program for which the Legislature has maintained funding. Taxpayers are not likely to understand or support funding for the new Transition Aid program. • The new Transition Aid program is an "aid" program, like LGA. Annual battles over formula changes and manipulation of the formula are more likely. • The lower -wealth communities that may receive more aid under the new Transition Aid program (than they did under Homestead Credit) will become less self-reliant and more dependent upon state aid, making them more vulnerable to the state's potential financial problems and potentially more subject to state dic- tates about how the city finances its services and what it provides. • The disparities in homestead tax bur- dens between communities could widen. Issue Paper --1988 Regional Meetings --Page 4 11ME Lague o(Minnewta Citics Local Government Pay Equity Act Question Should the League support the following changes to the Local Government Pay Equity Act.... • Review of pay equity plans by state agencies? • Arbitration review of city plans? A clarification of the definition of implementation? A definition stating that a city has accomplished im- plementation when the trend line for female classes and the trend line for male classes of employees are substan- tially equal? Background --General The Legislature in 1984 mandated that every local government conduct a comparable worth study, report the results of its study to the state by October 1, 1985, and imple- ment its plan for establishing equitable compensation relationships among female, male, and balanced classes of employees by October 1, 1987. The bill did not set penalties for non-compliance. By early 1988, over 80 percent of cities had filed their reports and many had imple- mented their plans to make the compensation adjustments that their studies indicated. The Legislature acted in 1988 to compel compliance for non -reporting jurisdictions by imposing a stricter levy limit on those communities which have not reported by October 1, 1988. The law also set a penalty for cities and other local governments which do not complete implementation by December 31, 1991. Their local government aid will decrease by five percent for each year they have not implemented their plan. Both the Department of Human Rights and the Department of Employee Relations (DOER) sought additional changes to the law, which the League and other local govern- ment representatives were able to successfully delay. These issues and others are likely to be presented to the 1989 Legislature. - over - Issue Paper --1988 Regional Meetings --Page 5 Pay Equity --Review of plans Some proponents of comparable worth have alleged that some studies that local govern- ments have done are defective either because the methodology used was flawed or be- cause the study was done in bad faith. The law allows challenges through the Human Rights Department or the courts, but the Human Rights Department wants legislation that would provide a mechanism by which that department may decide that a particular system is defective. The department has suggested one option where the commissioners of human rights and DOER would consult and decide whether a study is defective. Regardless of which review mechanism is preferred, unless the Legislature establishes standards and criteria by which to conduct a review there is no "safe harbor" for cities and other local units of government: every study would be open to challenge. Current League Position: None. Arguments Should the League support... • DOER review of city plans? • Human Rights Department review of city plans? • Both departments review of city plans? Yes • Designating the commissioners as the review mechanism would be simple and efficient. The Department of Employee Relations has the most ex- perience with the law since it helped draft and lobby the 1984 bill. Arguments Should the League support... • Arbitration review of city plans? Yes • Setting up a panel similar to a veterans' preference panel where employees select a representative, the employer selects a representa- tive, and those two designees select a third, neutral representative would more likely result in unbiased deci- sions. No • If review of some type is necessary, it is imperative that the reviewing body is as neutral as possible. Neither of these departments is neutral. They are advocates of certain con- stituencies and interests, and should not have authority to judge the merits of a particular study. No • The current system of allowing chal- lenges through the Department of Human Rights or the courts is suffi- cient. Issue Paper --1988 Regional Meetings --Page 6 Pay Equity --Definition of Implementation Both the original law and the 1988 penalty law require implementation, yet many people believe that term is not satisfactorily defined. Some local governments have used com- pensation corridors which some view as institutionalizing pay disparities. These corridors work as follows: the local government draws an all class or employee trend line and states that it will implement the law to bring all classes of employees to within 10 percent (or other percentage) of the line. Because most male classes would be along the top of the corridor and most female classes would be along the bottom of the corridor comparable worth proponents argue that this approach institutionalizes a 20 percent disparity in com- pensation between women and men, the very thing comparable worth was intended to eliminate. They, therefore, argue that a definition of implementation is necessary. Also, under current law DOER must indicate which local government is to be penalized for failing to imple- ment. DOER staff do not like corridors or the all -employee line to the extent that a public employer indicates that it will use these permanently, so any use of corridors as part of a city's implementation will likely be disallowed by DOER unless the Legislature specifically authorizes cities to use corridors. Current League Position None. Arguments Should the League support... • A clarification of the definition of implementation? Yes • Without a satisfactory definition of implementation, DOER will be asked to enforce an ambiguous law, perhaps to the disadvantage of local governments. No • No definition of implementation is acceptable. • In defining implementation, the Legislature will need to address the issues of contracting out or terminat- ing programs or services as a result of comparable worth; joint powers entities or other units which are al- most exclusively female; main- tenance or updating of plans; use of market rates to justify departures from the studies, and; arbitration awards that substantially ignore the findings of the studies. - over - Issue Paper --1988 Regional Meetings --Page 7 Arguments Should the League support... • A definition stating that a city has accomplished implementation when the trend line for female classes and the trend line for male classes of employees are substantially equal? Yes • Using this definition of implementa- tion will eliminate many of the incon- sistences and ambiguities, which could likelyy result in fewer chal- lenges to local plans and more effi- cient implementation. No • In order to use a trend line many employers will use corridors which result in most male classes being at the top of the corridor and most female classes at the bottom result- ing in a 20 percent disparity in com- pensation between men and women. Issue Paper -4988 Regional Meetings --Page 8 11 Lta(ue of Minnesota Cities Question Land Use Should the League support the passage of a recodified, unified, and modified land use planning law? Background The League has been cooperating and participating in a review of the municipal land use planning statutes. The Governor's Advisory Council on State -Local Rela- tions is conducting that review. That effort has produced draft legislation which was initially before the 1988 Legislature. The draft legislation makes many substantial changes to the current planning and zoning statutes (Minnesota Statutes, Chapter 462). These changes would require the creation of a separate board of adjustment (city councils would not be able to issue variances, but could only review the action of the board of adjustment on appeal); modify the definition of undue hardship required for issuance of variances to a lower, easier to meet standard of undue difficulty, require the adop- tion of a brief comprehensive plan as a prerequisite of adopting zoning or other official controls, and; prohibit the practice of conditional zoning where a city agrees to rezone a parcel of property but only if the owner complies with certain conditions. The legislation also authorizes cities to impose impact fees on develop- ment in order to pay. for infrastructure improvements. Current League Position The League supports selected amendments to the existing planning enabling statutes and opposes proposals that restrict cities' current substantive and procedural flexibility to address unique circumstances. Argument Should the League support the passage of a recodified, unified, and modified land use planning law? Yes • The legislation would unify the local government planning statutes making land use control powers and procedures easier to teach and learn. It would clear up existing ambiguities in the law, provide additional author- ity to cities in some regards, and at- tempt to promote intergovernmental cooperation among local units of government. No • The legislation would create as many uncertainties as it would resolve, as _well as restrict_ cities' flexibility___in adopting administrative procedures, and structures tfiiat mee"nidue local needs, Furt er, opponents of the legislation argue that the current law is not broken and there is no need for substantial reform. Issue Paper -4988 Regional Meetings --Page 9 PERA Question Should the League support the increases in PERA pen- sion benefits, which could lead to removal of other benefits from members, and increased costs to employers? Background During the 1988 session, Senator Don Moe introduced legislation to provide a level benefit formula for coordinated members of 1.5 percent of salary per year for all years of service (now one percent for first 10 years and 1.5 percent thereafter); and change the normal retirement age to 62 (now 65) as a substitute for the current three percent per year reduction in benefits applicable to those retiring before age 65, which would be replaced by the actuarial rate (approximately six percent per year under age 65) By proposing benefit increases, he hoped to gain support for eliminating the rule of 90 and the favorable early retirement reduction factor, both available to PERA members but not to those in other statewide funds. Although the Senate passed this proposal, the House leadership refused to accept the package, because it removes benefits arguably contractually committed, at least as to vested members, and because of its high long-term costs. The proposed level formula benefit would phase in over five years and thus be rela- tively inexpensive in the early years. However, over the next 22 years, it would cost PERA employers and. employees over $730 million each and require a contribution increase of 0.75 percent of salary from each. Of greater significance is the impact on the state treasury. Because the state pays the employer cost for state employee retire- ment and indirectly for teachers, the proposal would take an additional amount in excess of $2 billion from the state treasury over the same time. Obviously, this would substantially reduce the amount of discretionary funds available for local government aid, property tax relief, and many other programs in future years. Legislators are sure to raise the issue again in the 1989 session. There will be strong employee support for legislation providing all the proposed benefit increases without the proposed benefit cuts. Thus, any 1989 legislation is likely to be even more expen- sive than the 1988 proposal. Current League Position The League opposes the repeal of the rule of 90 and any other benefit which people have relied on during their employment. Therefore, the League opposes the proposal. - over - Issue Paper -4988 Regional Meetings --Page 11 • • Arguments Should the League support sion benefits, which could benefits from members, employers? Yes Coordinated PERA formula benefits per year of service are low in com- parison with retirement benefits provided to public employees in other states: Wisconsin 1.6 percent; North Dakota 1.5 percent; South Dakota 1.2 percent; or 2.0 percent less Social Security. The proposal would make teachers' and state employees' benefits more nearly equal to PERA benefits. the increases in PERA pen - lead to removal of other and increased costs to No • The long-term expense of this proposal would crowd out other needed programs like property tax relief and local govern- ment aids. • Coordinated PERA benefits are not low when compared to average retirement benefits of all Minnesotans nor do they typically provide a substandard retire- ment benefit to full career (30 years and longer) employees when Social Security benefits are figured in (40 percent of high five years average salary, plus So- cial Security). Issue Paper -4988 Regional Meetings --Page 12 State -Mandated Voting Equipment Question Should the League support a state -mandated system of voting equipment? Background During the 1987 session, legislators considered a proposal that would have barred first class cities from using optical scan equipment unless they altered the equipment to meet certain requirements. During the same session, other legislation would have required party row balloting. Those requirements would have had serious impact on cities and required ex- pensive equipment changes. (Party row balloting means that the candidates of each political party are listed in a row on the ballot, similar in design to the ballot for lever voting machines.) Party row balloting would require costly retrofitting of optical scan equipment. During the 1987 mini session, legislators discussed a "color -coded" ballot. The Legislature approved the requirement as an amendment to the secretary of state's housekeeping legis- lation in the '88 session. The requirement mandates that paper ballot layout provide three vertical columns and that each major political party have a separate column. Cities which have punch card voting systems that cannot accommodate a party punch indicator may not use the punch card system in a state partisan primary election. Current League Position The League currently supports state law permitting cities to select whichever state - approved voting equipment the city prefers to best meet the needs of the community. It is the League's policy that cities' investment in voting equipment must be protected. The secretary of state's certification of equipment should be thorough and provide assurance that the equipment will be usable and reliable over a long period of time. Arguments Should the League support a state -mandated system of voting equipment? Yes • For some time, lawmakers have been concerned about the extent to which some voting equipment fails to prevent primary election voters from crossing over and voting for candidates of op- posite political parties, thereby in- validating their ballot. The party punch indicator allows voters to indicate a party preference at a partisan primary and aids in accurate and efficient count- ing of partisan primary election results. No • The League opposes state -mandated changes in election laws that do not benefit city elections; are difficult to administer; or make current city voting equipment obsolete or costly to retrofit. Issue Paper --1988 Regional Meetings --Page 13 Code of Ethics for Public Officials Question Should the League recommend a code of ethics for elected officials which it could present to the Legis- lature if that body proposes a state code of ethics for public officials? Background Members of the 1987 Elections and Ethics Committee considered ethical issues confronting city officials. The committee examined current statutes on conflict of interest, and sought legal guidance on possible inconsistencies be- tween laws on conflict of interest in contracts and incompatibility of offices. Members of the Metropolitan Area Managers Association and the Minnesota Association of Urban Management Assistants have also been reviewing cur- rent state law that regulates the public actions and behavior of local officials. Their work has led to the development of a proposed code of conduct for appointed officials. In early August, the Senate Governmental Operations Committtee heard tes- timony from the executive directors of the Massachusetts and Wisconsin Et- hics Commissions on the regulation of ethical conduct of state and local of- ficials. Senators expressed concern about how much authority such entities should have to enforce ethical standards at the local level. Current League Position The League supports an in-depth study of state law as it relates to official conduct of interest and incompatible offices in order to offer amendments to the State Legislature. City officials recognize the importance of avoiding conflict of interest and work hard to maintain public trust and confidence. Because of the importance of ethical issues, many city officials feel the League should offer recommenda- tions to the Legislature. - over - Issue Paper -4988 Regional Meetings --Page 15 Arguments Should the League recommend a code elected officials which it could present lature if that body proposes a state cod public officials? Yes e While many cities have adopted offi- cial codes of ethics, many officials are unfamiliar with conflict of interest statutes and ethical principles that apply to day-to-day city policymaking or operations. The League has exten- sive experience in working with both elected and appointed city officials. LMC, through a committee of city of- ficials, is the appropriate forum for the development of recommendation to cities on the adoption of local codes of ethics. The League also needs to be prepared to make recom- mendations to the Legislature con- cerning the adoption of a state code of ethics for public officials. of ethics for to the Legis - of ethics for No • Ethical judgments are intensely per- sonal and specific to actual cir- cumstances and actions and cannot be adequately legislated or codified through state legislation. There may be some problems and confusion that result from inconsistencies in the state law on conflict of interest and incompatibility of offices. However, there is no evidence or indication that creation of a statewide code would offer better outcomes or as- sistance to local officials beyond that already available through state statutes and court decisions and through the adoption of local codes of ethics that respond to local cirumstances and needs. • Further, since any code of. ethics codified in the statutes would affect county, township, and school officials as much as city officials, the League should not expend the resources to take the lead on this problem, knowing in advance the tremendous time demands needed to familiarize and gain approval of local governmental entities. Issue Paper -4988 Regional Meetings --Page 16 arguments Should the League recommend a code of ethics for elected officials which it could present to the Legis- lature if that body proposes a state code of ethics for public officials? Yes • While many cities have adopted offi- cial codes of ethics, many officials are unfamiliar with conflict of interest statutes and ethical principles that apply to day-to-day city policymaking or operations. The League has exten- sive experience in working with both elected and appointed city officials. LMC, through a committee of city of- ficials, is the appropriate forum for the development of recommendation to cities on the adoption of local codes of ethics. The League also needs to be prepared to make recom- mendations to the Legislature con- cerning the adoption of a state code of ethics for public officials. No • Ethical judgments are intensely per- sonal and specific to actual cir- cumstances and actions and cannot be adequately legislated or codified through state legislation. There may be some problems and confusion that result from inconsistencies in the state law on conflict of interest and incompatibility of offices. However, there is no evidence or indication that creation of a statewide code would offer better outcomes or as- sistance to local officials beyond that already available through state statutes and court decisions and through the adoption of local codes of ethics that respond to local cirumstances and needs. • Further, since any code of ethics codified in the statutes would affect county, township, and school officials as much as city officials, the League should not expend the resources to take the lead on this problem, knowing in advance the tremendous time demands needed to familiarize and gain approval of local governmental entities. Issue Paper -4988 Regional Meetings --Page 16 11ME League of Minnesota Cities Question Federal Tax Policy Should the League support federal legislation to. re- establish tax -exemption for municipal bonds? Background The LMC Federal Legislative Committee is considering a policy to support local au- thority to raise revenues without federal intrusion. The policy would include support for establishing tax-exempt municipal borrowing by means of federal legislation. In April, the U.S. Supreme Court ruled in South Carolina v. Baker that there is no constitutional protection (under the theory of reciprocal immunity) providing immunity from taxation for municipal bonds. Therefore, cities must seek enactment of federal - local fiscal policy which recognizes and maintains local authority to issue tax-exempt bonds and refrains from interfering with traditional methods of local government financing. Current League Position The League supports the tax-exempt status Congress to conduct a comprehensive review under the 1986 Tax Reform Act. The League use tax-exempt municipal bonds, particularly development designed to maintain and create Arguments of municipal bond interest and urges of restrictions on tax-exempt financing seeks restoration of cities' authority to for housing, local improvements, and jobs and to improve the local economy. Should the League support federal legislation to re- establish tax -exemption for municipal bonds? Yes • With the prospect of a long-term struggle over a growing federal deficit, further challenges to tax- exempt financing appear inevitable unless legislative action reverses or halts the trend. • The 1988 Technical Corrections (Tax) Act now pending in Congress threatens to add significant and costly record-keeping and tax liability provisions that would severely restrict the use of municipal bonds for public purposes. Many cities want legislation to expand the exemption for smaller cities which No • The Supreme Court has consistently ruled against the doctrine of inter- governental (reciprocal) tax im- munity and is simply applying that legal viewpoint to municipal financ- ing. There is no basis for distinguish- ing between costs imposed on cities by a tax on municipal bond interest from costs imposed on cities by a tax on the income from any other con- tract with the city, according to the authors of the recent Supreme Court decision. U.S. Treasury officials have long held that the federal govern- ment had the authority to impose such taxes. - over - Issue Paper -4988 Regional Meetings --Page 17 Question Should the League support establish tax -exemption for Arguments (continued) Yes issue more than $S million in bonds in a year to a more realistic limit of $10 million per year. Cities also need tax-exempt financing for job crea- tion; construction and rehabilitation of affordable low and - moderate:, in- come housing (single family mortgage revenue bonds); and the financing of low-income rental housing. • Without federal legislation, cities (and states) face the inevitable loss of what remains of their sovereign powers to raise revenues without the intrusion or intereference of the federal government. federal legislation to- re - municipal bonds? hm • Legislative action will simply delay the inevitable as Congress attempts to assure that the federal tax system expands to raise revenues to reduce the deficit. Issue Paper -4988 Regional Meetings --Page 18 IKE Wgue of Minnesota Cities Issue Issue Papers - Ballot Truth in Taxation Should the League support the new Truth in Taxation process with :amendments to make it workable? Homestead iCredit Should the League`supportthe change to eliminate the Home- stead Credit and convert it into an aid program; called Transi- tion Aid'begitining with taxes payable 1990? Pay Equity Should the League support the 'following changes to the Local Government Pay Equity Act.... • Review of pay equity plans by state agencies? • Arbitration review of city plans?. • A clarification of the definition of implementation? • A definiition stating that.a city has accomplished, m- plemet tation when'the trend line for female classes 'And the trend line for male classes of `employees are substan- tially. equal? Land Use Should the League 'support the passage of arecodified, unified, and modified land use planning law? PERA Should the League support the increases in PERA pension benefits, which could lead to removal of other benefits from members, and increased costs to employers? State -Mandated Voting Equipment Should the League support it state -mandated system of voting equipment? Code of Ethics Should the League recommend a code' of ethics for elected officials which it could present to the Legislature if that body proposes a state code of ethics for public officials? Federal Tax Policy Should the League support federal legislation to re-establish tax -exemption for municipal bonds? Yes No 1988 Regional Meetings