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2014-06-03 Council Packet
CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA June 3, 2014 — 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of May 20, 2014 City Council Minutes b. Approval of May 27, 2014 Planning Commission Minutes c. Approval of Fire Department Knox Box Replacement Purchase d. Approval of Personnel Action Report e. Accept Bid and Award Contract, Victoria Road and Rolling Green Neighborhood Street Improvement Project, Resolutions 2014-31, 2014-32, 2014-33 f. Approval of April 2014 Treasurer's Report g. Approval of Claims List h. Approval of Contractors List i. Approve Purchase of Pickup Truck for Public Works Parks Division 6. Public Comments 7. New and Unfinished Business a. Resolution 2014-30, Conditional Use Permit and Variance Request for Wireless Antenna Facility and Accessory Structure, 1860 Eagle Ridge Drive, Planning Case 2014-16 b. Concept Planned Unit Development Review, Mike and Michelle Bader, Delaware and Foxwood Lane, Planning Case 2014-14 8. Community Announcements 9. Council Comments 10. Adjourn page 2 5a. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 20, 2014 Pursuant to due call and notice, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, and Petschel. Councilmember Norton arrived at 7:07 p.m. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Povolny moved adoption. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items A) Approval of May 6, 2014 City Council Minutes, B) Approval of May 7, 2014 Airport Relations Commission Minutes, C) Approval of May 13, 2014 Parks and Rec Commission Minutes, H) Accept Retirement of Sergeant Neil Garlock, I) Approval of Resolution 2014-29 Recognition of National Public Works Week, K) Approval of Mendota Technology Center 4th Addition Developer's Agreement, and L) Designation of May 30, 2014 as "Tom Olund Day" a. Approval of May 6, 2014 City Council Minutes b. Approval of May 7, 2014 Airport Relations Commission Minutes c. Approval of May 13, 2014 Parks and Rec Commission Minutes d. Approval of April Fire Department Synopsis Report e. Approval Resolution 2014-27 Final Payment for 2013 Sanitary Sewer Lining Project f Accept Resignation of Firefighter Kevin Gilbert g. Approval of Resolution 2014-28 Pilot Knob Phase III Landscaping Grant Application h. Accept Retirement of Sergeant Neil Garlock page 3 i. Approval of Resolution 2014-29 Recognition of National Public Works Week j. Approval of Victoria Road Reconstruction Joint Powers Agreement with the City of Lilydale k. Approval of Mendota Technology Center 4th Addition Developer's Agreement 1. Designation of May 30, 2014 as "Tom Olund Day" m. Approval of Claims List n. Approval of Contractors List Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PULLED CONSENT AGENDA ITEM A) APPROVAL OF MAY 6, 2014 CITY COUNCIL MINUTES Councilmember Duggan asked if the findings of fact should be included in the minutes for the resolutions that were adopted. Councilmember Petschel asked for clarification that the findings are included in the resolutions. City Administrator Justin Miller replied that it is not the practice to include the findings in the minutes as they are included the resolutions. However, if Council desires, the findings could be included in the minutes going forward. Councilmember Petschel stated that she is satisfied as the findings are on record. Councilmember Duggan moved to approve the May 6, 2014 City Council minutes as presented. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 B) APPROVAL OF MAY 7, 2014 AIRPORT RELATIONS COMMISSION MINUTES Councilmember Petschel noted two important dates in the minutes. The Airport Relations Commission meeting will be televised on June 11 at 7:00 p.m. There will be a presentation by John Nelson, Manager of Noise, Environment and Planning at MAC. Also, the Metropolitan Airport Commission public comment meeting will be held on July 29 at 7:00 p.m. in the Mendota Heights Council Chambers. The commission will be listening and fielding residents' concerns regarding the airport. Councilmember Petschel moved to approve the May 7, 2014 Airport Relations Commission minutes. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 page 4 C) APPROVAL OF MAY 13, 2014 PARKS AND REC COMMISSION MINUTES Councilmember Duggan clarified the Parks and Recreation meeting minutes regarding the discussion of the potential dog park in Mendota Heights. The commissioners studied and listened to reports regarding five possible sites and determined that none of those sites were acceptable as they would prefer something larger. Yet, they chose the small hockey rink for the dog park site which is smaller than the acre they preferred. Councilmember Duggan noted that this is a topic that will tax and test residents and Councilmembers as they search for a solution that will satisfy the residents and the dog owners. Councilmember Duggan moved to table the May 13, 2014 Parks and Rec Commission minutes to give the Commission an opportunity to expand on the minutes. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 H) ACCEPT RETIREMENT OF SERGEANT NEIL GARLOCK Chief of Police Michael Aschenbrener stated that Sergeant Neil Garlock has decided that Thursday, May 29, 2014 will be his last day with the City, after 24 years of service. He started in 1990, bringing over 10 years of law enforcement experience and four years in the United States Marine Corp with him. He has had a hand in training every officer hired since 1990. He has been Chief Aschenbrener's right-hand man for the last eight years. He has always made decisions with the city of Mendota Heights in mind and in his heart. For the last seven years, he has donated many volunteer hours to Special Olympics on behalf of the Mendota Heights 5K race. Councilmembers made comments in appreciation for all that Sergeant Garlock has done and in congratulating him on his retirement. Councilmember Petschel moved to accept the retirement of Sergeant Neil Garlock, with regrets. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 I) APPROVAL OF RESOLUTION 2014-29 RECOGNITION OF PUBLIC WORKS WEEK L) DESIGNATION OF MAY 30, 2014 AS "TOM OLUND DAY" Councilmember Duggan stated that as Mr. Tom Olund had been the head of the Public Works Department for many years, it would be appropriate to combine the designation of Tom Olund Day with the recognition of National Public Works week. He, along with all of the residents of Mendota Heights, wished to thank the department for their snow plowing efforts and all of the other work that helps to keep the city pristine and beautiful. page 5 Councilmember Duggan then read the proclamation declaring Tom Olund Day. Councilmember Duggan moved to approve the proclamation designating of Friday, May 30, 2014 "TOM OLUND DAY". Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Norton moved to approve Resolution 2014-29 Recognition of Public Works Week. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 K) APPROVAL OF MENDOTA TECHNOLOGY CENTER 4TH ADDITION DEVELOPER'S AGREEMENT Councilmember Duggan noted that Section 1, Item N of the agreement references items the Council has not seen. Planner Nolan Wall reviewed the items which included changes that had been made to the planned landscaping and screening on the western boundary of the site. Councilmember Duggan moved to approve the Mendota Technology Center 4th Addition Developer's Agreement. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS A) CONVENT OF THE VISITATION "ROBETTES" ROBOTICS TEAM Students Madeleine Logeais and Claire Sebastian, members of "The Robettes" First Robotics Team gave a brief background on their robotics team and the competition for 2014. The team won one of their regionals by designing, building, and competing with their 120 pound robot named "Gracie". Also, Madeleine Logeais was awarded the prestigious Dean's List Award at the For Inspiration and Recognition of Science and Technology (FIRST®) Robotics World Championship — , one of ten people worldwide to win the 2014 award at the First competition in St. Louis, Missouri. The students presented information on their team's outreach into the community and how that has impacted the team and Visitation School; and their leadership activities in helping younger robotics teams learn and grow. PUBLIC COMMENTS There were no public comments. page 6 NEW AND UNFINISHED BUSINESS A) APPROVING STUDENT REPRESENTATIVE POSITION FOR PARKS AND REC COMMISSION Mayor Krebsbach, referencing a memo from Sloan Wallgren, Recreation Program Coordinator, noted that the Parks and Recreation Commission would like to add a student representative to the commission who would be chosen from Henry Sibley High School, Visitation School, or St. Thomas Academy. Recreation Program Coordinator Sloan Wallgren explained to the Council that the main goal of the student representative would be to keep an open line of communication with the youth in the city and the Parks and Recreation Commission. Councilmember Povolny asked if this would be a two-year or a four-year term. Mr. Wallgren replied that this would be a one-year term; however, a student could be reappointed for a second term. Mayor Krebsbach noted that there are other high school students in the area but the idea was to have someone who goes to school and lives in Mendota Heights on the commission. Mayor Krebsbach asked how the selection would be made. Mr. Wallgren answered that the position would be appointed by the City Council after receiving responses from advertisements in the fall. Councilmember Duggan moved to approve the student representative position for Parks and Recreation commission. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 B. ORDINANCE 462, AMENDING CITY CODE TO PROHIBIT PARKING ON CITY STREETS SURROUNDING HENRY SIBLEY HIGH SCHOOL Mayor Krebsbach explained that this is not a public hearing but the Council would welcome comments from the community, after which Council would confer and decide how to move forward. City Engineer John Mazzitello started with a very brief background of the issue. He then explained the parking requirements for Sibley High School based on the city code. For parking at a high school, the City Code requires one stall for every seven students, based on the capacity of the high school, plus one stall for every three classrooms in the building. According to building plans from the 2006 facility renovations, the student capacity of Henry Sibley High School is 1,635 students; which would require 234 parking stalls. There are also 90 classrooms in the facility; which would require an additional 30 stalls, for a total requirement of 264 parking stalls. On the site itself, in the main lot of Henry Sibley High School, there are 367 parking stalls. There are an additional page 7 53 stalls for a separate lot that is dedicated to the offices of School District 197. There are 50 stalls in the maintenance, operation, and food service lot on the east side of the main building and 52 stalls in the southeast lot mentioned before — at Delaware and Mendota Road. Of those 367 parking stalls, 100 of them are allocated to faculty and staff, 230 allocated to students, 8 allocated to visitors; these do not include ADA stalls. Also, according to District 197, for the 2013-14 school year they have issued 197 parking permits at $100/semester. There are also 10-15 day permits issued at $2.00/day per vehicle. No one has ever been turned down for a parking pass due to a lack of space in the lot. In a non-scientific observation, counting nine different times picked at random, of how many cars are parked on Warrior Drive; the counts ranged from 35 to 72, with an average of 47.5. With the construction of the North Urban Regional Trail realignment, there are going to be three no - parking anytime areas along the east side of Warrior Drive. City Engineer Mazzitello then shared an aerial photograph of the parking areas described above. Ordinance City Engineer Mazzitello shared a copy of the map that was sent out to the area residents outlining the areas already designated as no parking anytime areas and the areas being proposed as no parking from 8:00 a.m. to 2:00 p.m. Monday through Friday. The map also showed the no parking anytime that would be established with the realignment of NURT. The map and notice was sent out to residents within an approximate 750 -foot radius of the school. The no parking areas would consist of the south side of Marie Avenue, all of Ridgewood, the east half of Callahan, the east side of Warrior Drive not impacted by NURT, all of High Ridge Circle, and all of Sibley Court. Questions/Comments from Council Mayor Krebsbach asked for clarification that there are 367 total student parking stalls. Engineer Mazzitello replied that the student parking, as allocated by Henry Sibley School, is 230 in the main lot and 52 in the southeast lot; for a total of 367 total student parking stalls at Henry Sibley. Councilmember Duggan asked if the numbers just mentioned include the unofficial parallel parking spots on the north end of the parking area. Engineer Mazzitello replied that the 367 stalls are all of the faculty/staff, all of student parking, the 29 unallocated parallel parking stalls, and eight visitor parking stalls. Councilmember Povolny commented on the number of empty parking spots. Engineer Mazzitello stated that the school district did a count on May 15 and it showed, counting the ADA stalls, that in the student lot they had 239 available spaces with seven of them open. In the faculty lot, there were 143 spaces and 34 were open; Engineer Mazzitello believed that number included the maintenance, operation, and food service lot on the east side. The District 197 office had 58 stalls with 10 open, there were 4 open visitor slots, and the southeastern lot had all 52 stalls open. That gave a total of 107 open stalls on the site. In the main lot (student lot and faculty lot combined), there were 41 open stalls. page 8 Councilmember Petschel noted that on the particular day that this count was taken, realistically there were only seven open student parking stalls available in the north lot and 52 in the southeastern lot. Engineer Mazzitello confirmed. Mayor Krebsbach asked if enrollment were to go up at Henry Sibley at what point would they be out of compliance with parking stalls. Engineer Mazzitello replied that by the equation of one stall for every seven students plus one stall for every three classrooms — without any facility adjustments, when the population hits a point where that number would go over 367 — they would be noncompliant with the City code. Henry Sibley would have to have 2,359 students before they would be noncompliant with the Code requirements. Councilmember Duggan asked when the referendum was used to build a couple of schools and used to redesign Henry Sibley, if that increased the number of classrooms. Engineer Mazzitello replied that the most recent set of plans on file are from 2006; the only set of plans this was compared to was the original construction plans in 1965 andyes, capacity increased between those two sets of plans. Currently the numbers are covering the maximum capacity of the school as it now stands. Public Comments Mr. Mark Spurr, School Board Chair of School District 197, stated the School District and City have had a good partnership over the years. When this issue of parking on Warrior Drive was first brought up, he felt it was not the School Board's jurisdiction. As an elected official, he feels that not charging the students for parking is not the solution. Personally, he has struggled with understanding the harm being caused by student parking on Warrior Drive. As he has talked with many families and realizes what harm could occur if the parking ban went into effect. He has a strong belief that the Council has the best interest of the community at heart. Mr. Spurr stated that the school board had a discussion and the message they wish to convey is; please do not implement this parking ban but join with them and with the residents of Warrior Drive to determine how best the long-term parking needs of the community and students can be met, in a way that is sensitive to the needs and concerns of the residents along Warrior Drive. He encouraged the Council to join with the school board to come up with a better and fairer plan of action. Ms. Sharon Benmaman, a parent of two students who attend Henry Sibley and park on Warrior Drive, asked what the basis would be for putting this ban into place. Mayor Krebsbach replied that the residents of Warrior Drive presented it as a public safety issue. Ms. Benmaman asked, with the public safety issue, how many accidents there have been on Warrior Drive. Chief of Police Michael Aschenbrener replied that in the last 10 years there have been approximately two. She then asked for the number of tickets given on Warrior Drive; the answer was unavailable. She then asked how `public safety' was defined. Councilmember Petschel commented that, having been down in the area first thing in the morning and in the afternoon, as far as the neighbors are concerned, the issue is that the student cars are having to do a U- or Y -turn to get into the proper position to park. This can be up to 70 cars in a relatively short period of time. At the same time there are school buses on Warrior Drive picking up the residents' younger children. Councilmember Petschel continued by stating that another concern regards trash. page 9 Councilmember Povolny commented that there is also loud music and noise. Ms. Benmaman commented that if this really is a safety issue why would the ban be only from 8:00 a.m. to 2:00 p.m. Ms. Benmaman shared enrollment projections completed by the former State demographer, indicating that the number of student drivers could increase and she wondered where would the rest of the student drivers would park. Ms. Benmaman then listed other solutions and why they would not be viable: • Ask the school to build a new lot — legally the school is in compliance so they could not be forced to build a new lot • Use taxpayer money to build a new lot — possible but not ideal • The City could change its code — the school would be grandfathered in until they remodel • Use other surrounding roads — the frontage road would need to become one-way or widened, Delaware is a county road, Marie was deemed as unfeasible for large-scale daily parking • Limit the number of students who could drive to school. If the Warrior Drive parking ban does go through, the school would probably start out with limiting the availability of parking Ms. Benmaman suggested the residents, school, district board, and the City Council to work together to come up with alternative creative solutions. Councilmember Povolny commented that he agreed with a lot of Ms. Benmaman's thoughts. He stated the right people are now getting together and realizing as a group that this needs to be resolved. He understands the concerns of the residents and students; he also understands the no pay part of parking on the street. Ms. Reine Shiffman, 1595 Diane Road, a former elected official of the school board, clarified the 'free parking' suggestion by commenting that the state provides transportation money for buses; however, it is not enough. Therefore, anytime the District has to pay for something, education has less funding. She also mentioned that Country Day School is right next to Diane Road which has parking on both sides of the street. The parking is horrendous, but she recognizes that the children who attend Country Day School and the staff who park on her street are doing something that is part of the community — of which she is a part of as well. She is hopeful that this issue would be looked at from an entire community point of view, rather than just a neighborhood point of view. Ms. Holly Farber (1701 James Road) and Ms. Nancy Goldberger (588 High Ridge Circle), both of whom have children attending Henry Sibley, mentioned that they walk their dogs along Warrior Drive in the morning and afternoon. They cannot imagine how anyone could have a problem with parking on Warrior Drive as it is a big, wide street. They have never had a problem with the students. She noted that the buses dropping the school students off are on High Ridge — not on Warrior Drive. Ms. Goldberger also noted that the south parking lot is pretty remote and that she does not believe the area is plowed in the winter. It was pointed out that High Ridge Circle has access just off of Warrior Drive and she has not heard of any complaints from the residents there. page 10 Ms. Bruber added that she is not aware of a trail between the lower lot and the school. The Council noted that there is a 10 -foot wide trail along Delaware Avenue. Ms. Bruber and Ms. Goldberg urged that there be no ban of parking on Warrior Drive. Mr. Kent Mogler, 592 High Ridge Circle, stated he has never had the concerns articulated and he has lived in the area for 18 years. He finds that the students that park on Warrior Drive are the least of his concerns about traffic. The students, for the most part, pull in and leave in a very respectful manner. He realizes that he lives in a neighborhood and needs to make accommodations. He asked for objectivity about the issue. Ms. Grace Brooks, a student at Henry Sibley, spoke on behalf of many students who could not be in attendance. Many of the students are in sports, activities, and AP testing is taking place this week. She is on the Henry Sibley student council and has spoken to many classmen and underclassmen; they are very concerned with the proposed parking ban on Warrior Drive and around the school. She then listed some of the responses she has received from other students regarding the proposal: • If parking is banned around the school, where are they expected to park • This seems mean-spirited • Why are the neighbors angry • What have they done to deserve this • Why would anyone against student parking move into a home next to school knowing that the students have parked there every day for the nine months during the school year; as well as at night and on weekends when the fields are being used • Henry Sibley was here way before any of the other neighboring houses were built • Why is the ban from 8:00 a.m. to 2:00 p.m. when students are in school, but the ban is lifted during nights and weekends • If this ban passes, it would appear that student academics falls second to community recreational activities • Students feel that it is unjust that a few citizen's concerns are more important than an entire student body • The issues with littering, safety, or anything else along Warrior Drive has never been addressed by the administration or brought up in any assemblies • Students need to be allowed to park along Warrior Drive • It is understood why Sibley charges for parking passes in the lot because it encourages carpooling and we don't want more people driving to school than necessary; however, people need an alternative if they cannot afford the $100 per semester parking pass or if they do not drive every day These reasons and more are why students are asking that parking along Warrior Drive not be banned. Ms. Judy Hillstead, 666 Callahan Place, stated that those residents who live in her area feel very strongly that the students should be able to park on Warrior Drive. They feel that it is a very safe street, it is wide enough to handle both parking and two-way traffic, and there is no city thru-traffic as it mainly serves Sibley and the neighbors on the west side. Most of the walkers in the area use Warrior Drive as part of their route and they do not feel that their safety is in jeopardy. page 11 She also noted that she has walked that area in the last few days and has counted the cars. She counted 42 to 50 cars; of which 20 would be eliminated when the HURT traffic restrictions go in. She suggested that the kids be directed to travel south on Delaware, turn west onto the Highway 110 Frontage Road, go north up Warrior Drive to park, then after school they should continue north on Warrior and then exit east through the school parking lot. She stated that it is not only students that make the U-turns; parents coming to attend the ball games make U-turns as well. Mr. Kevin Ryan, 2470 Bridgeview Ct, is a 19 year resident of Mendota Heights, and all three of his children have graduated from Henry Sibley. He applauded the Council for trying to do what is best for the community. He drove down Warrior Drive before this meeting and found that it is easily five to six car widths wide. He offered that this be looked at from a practical standpoint. There are 20 spots that are going to be eliminated. He suggested that the Council table this topic to see the effects of those 20 spots on the traffic and that no U-turn signs are installed. The litter cannot be attributed directly to the students. Mr. Chris Mason, 10048 Oxborough Rd, asked why Knob Road was included as a place for parking; it is a smaller street with no turnaround. Engineer Mazzitello replied that Knob Road is located one block west of Warrior Drive and it was not included in the parking restrictions because if cars were to park on Knob Road that would be twice the length of a walk from the southeastern lot. It would be the City's hope that students parking outside of the Henry Sibley pay lot would choose that southeastern free lot first. Mr. Tom Thieman, 581 Sibley Court, applauded all of the comments made on behalf of students. He has lived in his house for 21 years and the parking has not been a major issue for him, although he has noticed an increase in student parking since the inception of student pay parking at the high school. Given that there would be fewer parking spots when the restricted parking for the trails takes effect, there may be one or two predictable affects in where the students who are currently parking on Warrior may go. One is they could be inclined to park further down on Warrior; the other is that they could start parking on High Ridge Circle or Sibley Court as these areas would be a shorter walk. Mr. Thieman suggested that the parking bans on High Ridge Circle and Sibley Court be put into effect so that when parking becomes in shorter supply on Warrior, the students do not park on residential streets. There is precedence for that because of the West St. Paul residential streets on the east side of Delaware being no parking areas. Upon being asked, Engineer Mazzitello and Chief Aschenbrener stated that it is assumed; however, it has not been verified that the City of West St. Paul installed the no parking signs in the subdivision east of Delaware Avenue. Mr. Stuart Simek, 577 High Ridge Circle, has lived in Mendota Heights for over 25 years and is a graduate of Henry Sibley. He commented that the ultimate goal is for safety and quality of life for the neighborhood and for the students to park in the parking lot as it was intended. Mr. Simek referenced a bond levy referendum in 2008 where the residents of Mendota Heights paid over $350,000 for the new parking lot, tennis courts, etc. page 12 He continued by stating that there was a count that indicated 107 open parking spaces; the parking can be sliced and diced in any way, but it comes down to a matter of allocation. He gave credit to the residents on High Ridge; however, they do not live as close to Warrior as he does (50 feet away). All they are asking is that they be on parity with the neighborhood in West St. Paul, which has a similar parking ban. An important question that the Council needs to consider — is it the role of the City to provide parking to businesses and institutions, or is it the role of the businesses and institutions to provide parking for their customers and students. Mr. Simek cited the City Code Sec 12-1D-16, under off-street parking and loading spaces. "A. Purpose: Regulation of off street parking and loading spaces in this chapter is to alleviate or prevent congestion of the public right of way and to promote the safety and general welfare of the public by establishing minimum requirements for off street parking, ... " He empathizes with the students, but their goal is to get the cars into the parking lots, creating a safer environment for the neighborhood and for the students. Mr. Simek also noted that the District is putting the problem on the City. He questioned why one special interest user should be able to monopolize the parking on Warrior Drive five days a week, nine months of the year. Mr. Simek believes that District 197 and the City have an obligation of safety to the students and neighbors. Mr. Simek closed with a recent article from the Pioneer Press from a neighboring city's council meeting where a resident stated on a matter before the council, 'the fundamental responsibility of the government is to provide for the public health, safety, and general welfare of its' citizens'. He asked that the City Council provide for the public health, safety, and general welfare of the neighborhood and the students who attend the school. Dr. Frank Pilney, 1867 Warrior Drive, stated there are six or seven houses at the end of Warrior Drive where residents cannot park due to the spaces being occupied by students. If his family has guests there is nowhere for them to park. He has observed, at 2:30 p.m., cars whipping out of the parking lot. He also stated that he has picked up trash. Mr. Kevin Bormann, 1875 Warrior Drive, stated he objects to the assertion that the litter on the street was not associated with the students and he agreed with Dr. Pilney's comments about the litter belonging to the students. It is not a matter of the cars being unsightly; it is what they leave behind. Mr. Bormann believes that the school has a problem and they have shifted that problem to the people on Warrior Drive. He understands that the number of residents who are impacted by this situation are largely outnumbered by the number of parents whose kids park along Warrior Drive; however, if they were to experience some of the negative aspects of having the students park across the street, they would probably have similar feelings of the residents who live on Warrior Drive. Mr. Joseph Lapean's mother lives at 620 Callahan Place and they moved there 50 years ago — before the school was built. When the school was built all of the properties along Warrior Drive belonged to Henry Sibley High School. He noted that only half of the block was notified on Callahan Place. As Henry Sibley sold off the lots, they came through his parents' property and obtained an easement for storm sewer. All of the properties along Warrior Drive were built after Henry Sibley. Since that time, curb and gutter has been installed along Callahan Court and if cars are parked on both sides of the street, page 13 the garbage trucks have a hard time squeezing through. A solution to student parking — either another parking lot or even a parking ramp — needs to happen. It is going to continue to be a problem as the school grows if something is not done now. Mr. Joe Lawder, 1851 Warrior Drive, got involved in these issues because of the NURT trail. The trail and the parking issues come together because the parking is going to be pushed further down Warrior. If no ban is put in place he foresees the other lot being used more. Mr. Lawder claimed that it appears to be an equal distance from the free parking lot to the school as it would be from the open areas on Warrior once the NURT trail goes in. Mr. Lawder continued by suggesting a pool of money be created to improve and enlarge the free lot. Mr. Lawder is not directly affected by the parking on Warrior, however, he does worry about what is going to happen once the trail goes in. If this is at a decision point, the City needs to take into consideration what is best for the area overall. If this is not at a decision point, a period of study is necessary to see how the NURT trail would affect the parking situation in the fall. Ms. Gail Wildenauer, 1859 Warrior Drive, stated that they built their home 23 years ago. She is not against the students parking along Warrior Drive; however, she is for working together as a community. There can be problems anytime a resident lives by a school, but they have not had a lot of problems. Mr. Larry Chlebeck, 613 High Ridge Circle, has lived in the neighborhood for 25 years. He agreed with the previous comment that everyone needs to work together and figure this out with the school district and the Council. His family has always gotten along with them and has had no issues. He suggested that Mendota Heights get with West St. Paul and figure this out as the school population is going to continue to grow. Mr. Chlebeck stated he believes it is the responsibility of the School District to provide parking for their students, not the City. Mr. Kevin Gillen, 574 Sibley Court, stated that the east side of his property is right along Warrior and he expressed his desire to go on record that he has no issue with the students parking along the side of the street. He did agree that the speed of some of the vehicles can get a little high; however, he believes there is a solution here. He suggested that the police monitor the area for the first couple of weeks of the school year. He continued by stating that if parking along Warrior Drive was limited, it would also limit parking in front of his home. He would not want to see the parking in front of his home limited during the day. Mr. Joseph Lapean returned to the podium and clarified that he is not happy about the proposal. He also asked for confirmation that the school district is trying to get the football field moved over to Henry Sibley and if so, where are they contemplating putting it. Chair Spurr replied that there has been a fairly active advocate group promoting the idea. They came to the school board fairly close to the time when they needed to firm up their levy; and at that time the school board said no. They have spent two years trying to develop these proposals and wished to wait until after the levy question. As for location, the concept has not been very well developed; however, the conversation has tended to be geographically focusing on the south end of the property along Highway 110. page 14 Chair Spurr continued by stating that this is inevitable and if there is an effort to develop a sports facility on the Sibley campus, parking is going to have to be a part of the equation. Councilmember Povolny pointed out that if there is a change to the property, a new parking lot would need to be considered to meet code requirements. Mr. Jim Pirkl, 1825 Warrior Drive, stated that he has not seen the problem that seems to exist and is against banning parking along Warrior. He has lived in his home for 17 years and prior to that he lived on Callahan. Currently, five or six students from the neighborhood walk down his driveway, across his neighbor's driveway, and onto Callahan because it's closer for them to get to their homes. If more traffic is pushed onto Callahan and the other streets, he is going to have a stream of students going through his yard. Also, he believes that if the parking is pushed onto the side streets the City would need to plow them twice because the cars are going to be there all day long. Mr. Kent Mogler returned to the podium to add a point of history about losing parking. When he moved into his home, parking on both sides of Warrior Drive was allowed. Warrior Drive is an extremely wide street and if all parking was banned — two cars go down the road together very fast now. At one time the street had parking for the students on both sides. Parking capacity could easily be increased by the same amount as is being eliminated by NURT; although he is not proposing that. Ms. Laurie Tostrud, 1490 Somerset Court, is a parent of a Henry Sibley student. She stated that what she is hearing is that there is not too much of a problem on Warrior Drive. It has been heard that there has not been a lot of safety issues, there are U-turns that happen that are perfectly legal, and there have been no problems. This seems to have become a city versus school issue and she did not understand why. Ms. Tostrud asked for confirmation that the proposed ban is just during school hours, and this seems to be targeted at just Henry Sibley students. Warrior Drive is just as busy after school during the Mendota Heights Athletic Association games and others. She also addressed the suggestion of expanding the free parking lot by claiming that the school would have to give up field space for all athletic events; Sibley's and the community's. She encouraged the Council to not ban parking and to work with Henry Sibley and the entire community. Mr. Stuart Simek returned to explain that the airport was here before the residents moved in and there is an Airports Relations Committee where these types of issues are discussed and worked through; this is a similar situation. There needs to be a dialogue with the school and work through some of these issues. He also pointed out that neighboring suburban high schools do not allow student parking to spill into the adjoining neighborhoods. Ms. Deb Paradise, 585 High Ridge Circle, said that her only access is onto Warrior Drive and she is also a runner. She explained that anyone who says there are not a lot of U-turns and that it is safe during the day is mistaken. The feeling in the evenings and weekends with activities is different. The times before school and after school are really hectic and more intense. Mr. Andy Mills, a parent of two students at Henry Sibley, summarized what he was hearing by saying that there are three serious issues that the local residents are bringing up: • Speeding out of the high school page 15 • Litter • U-turns The number of cars in the Sibley parking lots dwarfs the number of cars on Warrior Drive. The majority of the cars coming out of the parking lot and down Warrior Drive are the ones speeding. Banning parking on Warrior Drive is not going to help that issue. That is a traffic issue that the police are going to need to deal with it. In regards to litter, his observation is that the kids coming out of school just want to get home; they are not littering. The littering comes from the after school activities, the activities in the fields, people coming to watch these activities, and parking for those activities is not what is being banned. As for the U-turns, he has seen these occur and has seen an accident during one — but these can be dealt with by putting up a one-way sign during school hours. Parking does not need to be banned to fix the issues as there are much simpler methods available. Council Deliberations Mayor Krebsbach stated that this is not a public hearing. The Council will take into consideration all of the materials they have and everything they have heard. The Council has the option of making a decision or considering this as a review. Mayor Krebsbach also noted one piece of new information and that was that the property along Warrior Drive where the homes are was sold by the school district for housing. There was a benefit to the school district to accrue that income from the sale of those properties. Mayor Krebsbach asked if there were any additional questions from Councilmembers. There being none, she asked for a recommendation from the Council. Councilmember Petschel said she is not against Henry Sibley High School. Councilmembers are elected by the residents of Mendota Heights and there were a group of residents that came to them with a problem; the Council was obligated to address it. Some of her frustrations came from the fact that the Council reached out to the school district in an attempt to work together; however, initially they did not receive much of a response. To be a good problem solver, a person needs to listen to everybody and solutions usually suggest themselves. The piece that was missing was getting everyone to the table. There were two speakers that had an impact on Councilmember Petschel; Mr. Kevin Ryan and Ms. Grace Brooks. Mr. Ryan's comments all but echoed her own. There are things that could be done with Warrior Drive (i.e. adjusting the direction of traffic flow, eliminating U-turns) and she feels very badly about anyone who cannot afford to park in the parking lot. She would like to see everybody be able to park in the lot. She expressed her appreciation to Chair Spurr for being in attendance. It has become apparent to her that enrollment is going up. So between the NURT, increasing enrollment, and the lack of enough parking spaces currently, there is a looming issue. She believes in being proactive rather than reactive. page 16 Ms. Brooks' point that Councilmember Petschel thought was really important was communication. The students have not heard about this at assembly or elsewhere. Part of the solution has to be better communication between the City, the school board, the school, and the students. Councilmember Petschel suggested a working group that would involve City staff and the school board at the very least — and possibly effected residents — to take a closer look at the situation. Having identified this looming problem with more drivers, increased enrollment, hardship, residents' concerns, and the possible addition of a football field, she would like to see a task force come together and see if there are ways to resolve this issue. Councilmember Povolny also agreed that the Council should take a step back and have the groups meet to try to resolve the issue. Something needs to be done but more discussion needs to occur before a decision is made. Councilmember Duggan reminded everyone of the "Proud Past — Bold Future" campaign. Mendota Heights has outstanding schools in one of the finest cities in Minnesota. The reason for this is because of the residents working with each other and working with the City. At this point, Mayor Krebsbach asked for clarification that the school is in compliance to the code in regards to student parking. Engineer Mazzitello confirmed that the school is in compliance. Councilmember Duggan continued by stating that the school is in compliance with the code; but the school district is not in compliance with respect to encouragement or enforcement of parking in the school lots. Councilmember Duggan continued that the major problem is the number of parking spaces and asked whose responsibility is it to take care of that. According to the city's code, it is the school. They should provide parking within the school property, as do churches and businesses. Many residents have been heard from in that they do not want the overflow coming into their neighborhoods and on their streets. The argument as to what was first in an area is fraught with significant legal difficulties. Councilmember Duggan agreed with Councilmember Petschel in having an ad hoc committee; however, it needs some limits, direction, and timelines. He also stated that the school district needs to be bold enough to come forward, sit down with the City, and come up with a plan. They need to get advice from City staff, work with a member of the Planning Commission, maybe a Councilmember, and maybe representatives of the neighborhood, to ensure all are heard. Councilmember Duggan would support waiting for the NURT to be completed and come back late August or early September to restudy the issue at that time; with a timeline and a deadline of making a decision before the end of this year (2014). Councilmember Norton commented that he believes that some perceptions have changed with the more open dialogue with the school board. He also expressed his appreciation to Chair Spurr for speaking. There are valid concerns on everyone's part. The people who are interested in banning parking on Warrior Drive are concerned about the safety of everyone. page 17 He lives on Marie Avenue just outside of the notification area. He observed a Henry Sibley student who drove by at approximately 50 miles per hour; there is always going to be something like that. Everyone needs to try to provide for the best possible situation for the residents, the students, and everyone else. He originally felt that it was ridiculous for the school to be charging $200 a year for student parking at a public institution when there is ample space to provide for parking. That still remains his opinion; however, it has been pointed out that nearly every public school in the suburbs is requiring its students to pay for parking. With the projection of the enrollment increase, everyone agrees that there would be a potential parking problem in the future. However, it is not something that could be decided tonight — and should not be made tonight. Councilmember Norton moved to table Ordinance 462, Amending City Code to Prohibit Parking On City Streets Surrounding Henry Sibley High School. Councilmember Duggan seconded the motion. Mayor Krebsbach commended Mendota Heights for their deliberations, their time, and for sharing their ideas. She then asked Chair Spurr his thoughts on the suggestion of putting together a working committee. City Administrator Justin Miller commented that it is very clear that the City and the school district would work together in the coming weeks and he would be glad to work with the superintendent and the board chair and figure out the best way, so all sides are represented, including the residents who are most impacted. Other points that Mayor Krebsbach felt were important for the agenda of this group would be: • Discussing the hardship of not being able to pay for parking • Wait and see with NURT • Suggestion of no U-turn Councilmember Povolny asked that some sort of timeframe be added. Chair Spurr emphasized his comments from earlier regarding Economics 101. Mayor Krebsbach responded that the Council is not suggesting that parking be made free to everyone but that the discussion of hardship should be added to the committee's beginning working agenda. He agreed that the beginning working group should include staff and the school board; but that it should also — at some point — include the residents on Warrior Drive. After questioning City Attorney Tom Lehman, the motion stood as presented. Ayes: 5 Nays: 0 Councilmember Petschel commented that careful attention should be given to not limiting the working committee to just the suggestions that have been made. There may be better or more creative ways to reallocate parking or solving these issues than what has been mentioned this evening. The working group should be free to explore these other, possibly better, solutions. page 18 After further discussion, direction was given to staff to create the working group with the above referenced agenda items to begin with; participants to be city staff and the school staff, and possibly the local residents; and with an end date of December 31, 2014 or sooner. The Council would be kept apprised of the progress and situation. COMMUNITY ANNOUNCEMENTS Assistant City Administrator Tamara Schutta made the following announcements: • The Village will start their free concert series on Wednesdays, 6:30 — 8:00 p.m. at Market Square. The first concert is "Echoes of Elvis" on June 4, sponsored by the City of Mendota Heights. • Park Celebration starts off on Friday, June 6, with Music in the Park, sponsored by the City of Mendota Heights, with Fu -Ga -We Tribe, beginning at 6:30 p.m. • The 5K is Saturday, June 7; registration is at City Hall or on-line. • On June 7, the Park Celebration will be from 11:00 — 2:00 in Mendakota Park with free games, petting zoo, fitness demonstrations, pony rides, and much more. • The Citizens Police Academy is accepting applications. The 10 week academy begins September 18 on Thursdays from 6:00 — 9:30 p.m. COUNCIL COMMENTS Councilmember Duggan stated that because of the discussions on dog parks and Pilot Knob, he proposed that the City officially apply for the Pilot Knob site to be a recognized historic site. Mayor Krebsbach asked that this item be put on a Council agenda. Councilmember Duggan also noted that he is getting questions regarding Fisherville. City Administrator Justin Miller explained that a financial advisory firm from Eagan has purchased the building and they are converting it to their offices. Councilmember Duggan congratulated all of the graduates from all of the schools and colleges. He wished them sober evenings on their particular graduating days. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 10:04 p.m. Sandra Krebsbach Mayor page 19 ATTEST: Lorri Smith City Clerk 1 CITY OF MENDOTA HEIGHTS 2 DAKOTA COUNTY, MINNESOTA 3 4 PLANNING COMMISSON MINUTES 5 May 27, 2014 6 7 8 27, 2014, in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. 9 10 11 12 13 14 15 16 Approval of Agenda 17 18 The agenda was approved as revised. 19 20 Approval of April 22, 2014 Minutes 21 22 23 APPROVE THE MINUTES OF APRIL 22, 2014, AS PRESENTED. 24 25 AYES: 6 26 NAYS: 0 27 ABSENT: 1 28 29 Hearings 30 31 PLANNING CASE #2014-16 32 SAC Wireless on behalf of the Ridge South Condominium Association 33 1860 Eagle Ridge Drive 34 Conditional Use Permit and Variance for a wireless antenna facility 35 36 37 38 39 40 41 42 43 44 45 page 20 5b. The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May The following Commissioners were present: Chair Litton Field, Jr., Commissioners Michael Noonan, Doug Hennes, Robin Hennesey, Mary Magnuson, and Ansis Viksnins Those absent: Commissioner Howard Roston. Others present were City Planner Nolan Wall, Public Works Director/City Engineer John Mazzitello, Consultant Planner Phil Carlson, and City Attorney Andrew Pratt. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO City Planner Nolan Wall explained that SAC Wireless has applied, on behalf AT&T and the Ridge South Condominium Association for a Conditional Use Permit (CUP) for a wireless antenna facility and a variance for an accessory structure. Planner Wall shared an image of the proposed property and explained that the subject parcel is approximately 2.7 acres, contains a multi -family dwelling complex, is zoned R-3, and guided for high density residential use on the comprehensive plan. The applicant is proposing to construct a wireless antenna facility on the west side of the roof and an accessory structure south of the east parking lot. page 21 46 T -Mobile currently maintains an additional wireless antenna facility on the east side of the 47 building and an accessory structure in a similar location. 48 49 The proposed wireless antenna structure would consist of three antennas, six RRH units mounted 50 on a 10 -foot tall tower on top of a four foot, eight inch tall elevator penthouse that is on top of 51 the existing building. It would also include associated fiber cable trays. 52 53 Planner Wall then reviewed the purpose of the City Code pertaining to wireless antennas, towers, 54 and accessory structures being allowed by a CUP. He also reviewed the criteria that would need 55 to be met and evaluated for a CUP request for this type of facility; and he explained the need for 56 and requirements of the variance request for the accessory structure. 57 58 Staff recommended approval of this Conditional Use Permit and Variance request. 59 60 Commissioners asked questions regarding a possible location or stand-alone tower if this request 61 were to be denied, how the `non -economic consideration' criteria can be met given that the 62 condominium association is presumably being compensated, and if a variance had been approved 63 for the existing accessory structure. 64 65 Chair Field asked the applicant to come forward and address some of the questions asked by the 66 Commissioners and provide additional information, if any. 67 68 Chair Field opened the public hearing. 69 70 Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the 71 public hearing. 72 73 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO 74 CLOSE THE PUBLIC HEARING. 75 76 AYES: 6 77 NAYS: 0 78 ABSENT: 1 79 80 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER HENNES TO 81 RECOMMEND APPROVAL OF CONDITIONAL USE PERMIT REQUEST FOR 82 BUILDING -MOUNTED WIRELESS ANTENNA FACILITY AND VARIANCE REQUEST 83 FOR ACCESSORY STRUCTURE BASED ON THE FOLLOWING FINDINGS OF FACT 84 1. The proposed project is consistent with the conditional use permit requirements allowing 85 such facilities. 86 2. The proposed project will not negatively affect the public health, safety and general 87 welfare of the community. 88 3. Installing a new wireless antenna facility on an existing structure is a preferred means of 89 co -location. 90 4. The proposed accessory structure is necessary to securely contain the wireless antenna 91 facility's equipment. page 22 92 5. The proposed accessory structure meets the applicable setback and height requirements, 93 will be screened from the parking lot, ground -floor units, and surrounding properties and 94 be constructed to match the condominium building. 95 AND WITH THE FOLLOWING CONDITIONS: 96 1. A building permit must be obtained prior to construction and installation of the wireless 97 antenna facility. 98 2. The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as 99 outlined in the Staff report. 100 3. The applicant shall enter into an agreement with the Ridge South Condominium 101 Association and provide a copy to the City. 102 4. The proposed wireless antenna structure is painted to match the existing roof -top 103 structure and the condominium building's brick exterior. 104 5. The proposed accessory structure is constructed with a brick exterior that matches the 105 condominium building. 106 107 AYES: 6 108 NAYS: 0 109 ABSENT: 1 110 111 Chair Field advised the City Council would consider this application at its June 3, 2014 meeting. 112 113 PLANNING CASE #2014-13 114 Ken and Mary Kay Noack VI 115 677 — 4th Avenue 116 Lot Split, Variance and Wetlands Permit 117 118 City Planner Nolan Wall stated that the applicant requested a lot split, a variance, and a wetlands 119 permit. The subject parcel is 1.19 acres and contains a single family dwelling with an attached 120 garage and a 1,064 square foot detached garage. In addition, there is an accessory structure that 121 is currently being used as a shed, which would be demolished in the future if any subdivision 122 requests were approved. The property is zoned R-1 and guided for low density residential use in 123 the comprehensive plan. If approved, the applicant intends to construct a new single family home 124 on the newly created parcel. 125 126 Planner Wall provided background by explaining that the subject parcel was formerly two 127 parcels consisting of two single family dwellings. The lots were combined to facilitate 128 demolition of that home on the original easterly lot in 2010. That was done so as to not create 129 nonconformity with an accessory structure present on a parcel without a principal building. It is 130 the applicant's desire to maintain the existing detached garage on the subject parcel, which 131 exceeds the newly adopted allowable square footage based on the lot size requirements. 132 Therefore a variance to remain on the subject parcel is required if a subdivision were to be 133 approved in the future. 134 135 In addition, the subject parcel is within 100 feet of a wetland or water resourced related area. If 136 approval for a subdivision and variance request is granted, a wetlands permit would be required page 23 137 for construction of a new dwelling on the parcel. Therefore, the applicant was encouraged to 138 submit the request as part of the application submittal for consideration. 139 Lot Split Request 140 Planner Wall shared an image of the parcel survey included in the application. The subdivision 141 would create two lots; the subject parcel would be reduced from 1.19 acres to 36,766 square feet. 142 The newly created parcel would be approximately 15,055 square feet. Both parcels would meet 143 the R-1 lot size and setback standards. 144 145 Planner Wall then shared the subdivision ordinance requirements. He also explained that, based 146 on the proposed subdivision application, it is staff's interpretation that the proposed shared lot 147 line is noncompliant with the code requirements. The applicant can seek input from the Planning 148 Commission on alternative lot configurations that would not create noncompliant side lot lines. 149 Staff included three applications for consideration and discussion with the applicant. 150 151 Planner Wall reviewed the details of the three alternative applications. He noted that although 152 not included as an option in the staff report, demolition of the existing detached garage is an 153 option that the applicant will not consider. 154 155 Staff recommended denial of the proposed subdivision and encouraged the applicant to pursue 156 other alternatives as outlined in the report or suggested by the Planning Commission. 157 158 Variance Request 159 Ordinance 454 was passed in January 2014 and that amended the code to allow detached and 160 attached private garages for residential properties in compliance with various size requirements. 161 The existing dwelling on the 1.19 acre parcel does contain a 1,064 square foot detached garage, 162 which is a legal nonconforming structure due to the subject parcel not exceeding 1.5 acres. The 163 code does allow for normal maintenance of a nonconforming structure without increasing the 164 nonconformity; however, as a result of this subdivision request the number and size of accessory 165 structures must conform to the corresponding zoning standards. Therefore, any subdivision of the 166 subject parcel pursued by the applicant would require a variance for the existing detached garage 167 to be located on either parcel. 168 169 Planner Wall reviewed the standards to be met for a variance request. 170 171 Based on the recommendation regarding the proposed subdivision, staff recommended that the 172 variance request be withdrawn and included as part of a future subdivision request. 173 174 Wetlands Permit 175 Planner Wall explained that if the proposed request or subsequent requests are permitted, a 176 wetlands permit would be required prior to construction of a new dwelling. Staff recommended 177 that the applicant package the application requests in order to avoid future planning approvals 178 that would be necessary. 179 180 The parcel is located approximately 60 feet from the wetland area and is also separated by Fourth 181 Avenue. Staff supports the wetlands permit request as included and in future applications 182 pertaining to a subdivision request. However, based on the staff recommendations regarding the page 24 183 proposed subdivision, staff recommended that this wetlands permit be withdrawn and included 184 as part of future subdivision request. 185 Mr. Ken Noack came forward to address the Commission and explained the purpose for his 186 request as being twofold: 187 1. To preserve some family history as his son and grandson would be the owners of the 188 newly created lot 189 2. To create another taxable property for Mendota Heights 190 191 Commissioners asked questions regarding the applicants' willingness to revise the lot lines and 192 therefore, have a narrower lot. Based on the applicants' confirmation the Commission then had a 193 discussion with staff on how to proceed. 194 195 Based on discussion and suggestions, the applicant requested this application be laid over to the 196 next Planning Commission meeting to allow him to work with staff to modify the request. 197 198 Chair Field opened the public hearing. 199 200 Ms. Elisha Lopez, 1505 Somerset Court, expressed her concern that the proposed new lot has 201 been vacant and it has a wonderful green space and appeal in the neighborhood. It sits in the 202 middle of the block and to put a house there would be awkward looking. She also expressed her 203 concern that, depending on where the new home would be located, it could be practically in her 204 backyard and would not align with the rest of the neighborhood on Fourth Avenue. 205 206 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON 207 TO KEEP THE PUBLIC HEARING OPEN AND THAT THE APPLICATION BE LAID 208 OVER TO THE JUNE 24, 2014 PLANNING COMMISSION MEETING. 209 210 AYES: 6 211 NAYS: 0 212 ABSENT: 1 213 214 PLANNING CASE #2014-14 215 Michael and Michelle Bader 216 1673 Delaware Avenue and Lot 3 of the Foxwood Plat 217 Concept Planned Unit Development Plan 218 219 Consultant Planner Phil Carlson of Stantec explained that this application is for a concept 220 planned unit development (PUD) review for the property at 1673 Delaware Avenue, a 10 -acre 221 parcel with an existing home; and Lot 3, a 2.5 -acre parcel located to the north. 222 223 Mr. Carlson continued by stating that the original application was for a PUD; however, City 224 Code appears to not consider this kind of case for a PUD. He then described the reasons for that 225 by giving the criteria for a PUD, of which this request does not meet. Discussion was had with 226 the City Attorney who agreed that this application would not fit the City's code as the code, 227 when developed, did not envision standard single family lots as a PUD. However, Stantec page 25 228 believes there are design issues or perhaps other issues that are pertinent and the applicant, Mr. 229 Bader has applied in good faith for the Concept Review. 230 Mr. Carlson asked that the Commission focus on the issues of how one would subdivide this land 231 in some reasonable way and what would be the design principles that may come to bear. 232 233 Mr. Carlson then shared images of the subject parcel in its existing condition and the two options 234 the applicants are proposing. 235 236 Commissioners asked questions regarding the options as presented, the limit to the length of a 237 cul-de-sac and when that was adopted, the right-of-way of Foxwood being 50 feet rather than the 238 standard 60 feet, and exactly what the Commission is being asked to do. 239 240 City Attorney Andrew Pratt described the role of the Planning Commission in this matter. He 241 explained that there is a helpful section in City Code that deals with Concept Reviews of PUD 242 [Section 12 -1K -6C] which describes this as a preliminary, non-binding action that would result 243 in discussion, potential recommendation to the City Council but not a requirement, or propose 244 ways to move forward to the applicant as this was a good -faith proposal. 245 246 Additional discussions and questions were had by the Commissioners. 247 248 Mr. Michael Bader came forward to address the Commission and to answer questions. He stated 249 his intention in purchasing the Foxwood lot was to extend the cul-de-sac to access his property 250 and summarized his previous requests, including why he applied for a Concept PUD Plan. He 251 further stated his intentions to discuss development options with surrounding property owners 252 and his preference to extend the cul-de-sac from Wentworth Avenue and build on the Foxwood 253 lot in the future. 254 255 Chair Field opened the public hearing. 256 257 Ms. Lisa Gray, 540 Wentworth sent a representative as she was unable to attend. Her 258 representative read a brief statement referencing her past expressed concerns and noted that the 259 current proposals presented do not address her concerns or the concerns of other residents in the 260 area. 261 262 Mr. Tim Aune, 554 Foxwood Lane, referenced a letter he sent to the Commission previously and 263 made himself available to answer any questions regarding his objections. 264 265 Mr. Jim Kolar, 1695 Delaware Avenue, voiced his concerns and objections to the proposed 266 plans. He further recommended the City consider developing a master plan for development of 267 the remaining large -acre lots in the area in question. He also requested the City consider 268 preserving access to his property in any future subdivision surrounding his property. 269 270 City Attorney Andrew Pratt reiterated for the record that the intent this evening was to gather 271 data and to have discussions regarding the various options and plans for the property; this was a 272 fact gathering situation and some of the facts need to be verified, proposals would need to come page 26 273 to staff, there is nothing that the Commission is being held to, and no recommendations to be 274 passed on to City Council. 275 276 COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER MAGNUSON, 277 TO CLOSE THE PUBLIC HEARING. 278 279 AYES: 6 280 NAYS: 0 281 ABSENT: 1 282 283 Chair Field expressed his desire that the Commission consider forwarding the summary of this 284 hearing to the City Council for their consideration in a similar manner as to the discussions this 285 evening. 286 287 Discussion of Public Hearing Guidelines 288 289 Planner Wall presented the background and referenced previous discussions on this topic. Based 290 on those discussions at previous Commission meetings, the following public hearing guidelines 291 are proposed: 292 1. Comments shall be limited to the proposed plan or amendment 293 2. A reasonable attempt shall be made to limit comments to no longer than 3 minutes 294 3. Comments shall not be repetitious until everyone else wishing to provide comments has 295 testified 296 4. The applicant shall be allowed to speak last to address any comments 297 5. The Chair can amend the procedures if necessary 298 299 If the guidelines are approved by the Commission, Staff would recommend the attached 300 statement be read by the Chair prior to opening the first public hearing of the evening and would 301 apply to all of the public hearings of the evening, if any. 302 303 Commissioner Noonan suggested that item one be changed to read "Comments shall be limited 304 to the application at hand" or "... matter before the Commission" so as to not limit it to a plan or 305 amendment. 306 307 He also noted that 3 minutes may not be long enough for a resident to give proper consideration 308 to a complicated matter or application with a great deal of complexity. The response was that 'a 309 reasonable attempt' allows for some flexibility. 310 311 Commissioner Hennessy suggested that Item 5 be changed to read "The Chair can amend the 312 guidelines if necessary." Chair Field agreed to this suggestion. 313 314 COMMISSIONER HENNESSY MOVED, SECONDED BY COMMISSIONER HENNES, TO 315 ADOPT THE PUBLIC HEARING GUIDELINES WITH NUMBER FIVE AMENDED TO 316 SAY "THE CHAIR CAN AMEND THE GUIDELINES IF NECESSARY" RATHER THAN 317 "PROCEDURES" 318 page 27 319 AYES: 5 320 NAYS: 1 (NOONAN) 321 ABSENT: 1 322 Verbal Review 323 324 Planner Wall gave the following verbal review: 325 326 PLANNING CASE #2014-09 327 Southview Design Inc. Conditional Use Permit for Outdoor Storage & Display 328 Accessory Structure and Fence 329 • Approved by the City Council as recommended by the Planning Commission. 330 PLANNING CASE #2014-10 331 Michael Sullivan and Deborah Cuneo Rear Yard Variance Request for Detached Garage 332 • Approved by the City Council as recommended by the Planning Commission. 333 PLANNING CASE #2014-11 334 Steven Olson Wetlands Permit to Construct an Accessory Structure 335 • Approved by the City Council as recommended by the Planning Commission. 336 PLANNING CASE #2014-12 337 Somerset Country Club Accessory Structure Variance Request 338 • Approved by the City Council as recommended by the Planning Commission. 339 340 StaffAnnouncements 341 342 Planner Wall stated that, based on the Planning Commission's recommendation last month, the 343 City Council will be discussing the Institutional Use Zoning at this week's Council Workshop 344 Meeting. 345 346 The next Planning Commission meeting is scheduled for June 24 at 7:00 p.m. 347 348 Adjourn 349 350 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, 351 TO ADJOURN THE MEETING AT 8:57 P.M. 352 353 AYES: 6 354 NAYS: 0 355 ABSENT: 1 mCITY OF MENDDTA HEIGHTS 1101 Victoria Curve 1 Mendota Height 651.452.1850 phone I 651.452.8: www.mendota-heights.com DATE: June 3, 2014 TO: Mayor, City Council and City Administrator FROM: John P. Maczko, Fire Chief SUBJECT: Re -keying of Knox Box Key Boxes BACKGROUND: page 28 5c. The City of Mendota Heights Fire Department has been using the Knox Box lock box system since 1985 without issue. Due to circumstances outside our control, we now need to replace the locks citywide to ensure proper access to commercial, industrial, and commercial buildings for our fire department personnel. Knox Companies has offered to provide the latest lock technology they have available for their cost of $23.00/unit. We would then propose to use firefighters at their hourly rate to install the cores as quickly as possible. We have looked at other options and this appears to be the best available course of action at this time. BUDGET IMPACT: The cost of re -securing our system is estimated as follows: Total Material Cost: Lock Cores from Knox Companies Master Keys from Knox Companies Shipping & Handling Installation: Estimated 65 hours x $21.09 255 units x $23.00 =$5,865.00 10 keys x $0.00 =$ 0.00 =$ 80.00 Total - Knox Companies $5,945.00 $1,370.85 This is an expense that was not anticipated and therefore is unbudgeted. Staff recommends paying for this expense out of the fire department budget with the understanding that it may result in a slight overspending of the budget at the end of the year. page 29 RECONIlVIENDATION: Staff recommends the city council approve the purchase and replacement of the lock cores for the cost of supplies of $5,945.00 and an estimated cost for installation of $1,370.85. This action requires a majority vote of the city council. page 30 5d. 11'1 Victoria Curve 1 Menccik.t•y:; , .. 551.45r~1 SO it e J 651.1M940 fax wv w.mendota•heights.com CITY OF MENDOTA HE IOHTE DATE: June 3, 2014 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Item Item 1: Authorize Appointment of Public Works Superintendent At a recent meeting, the City Council authorized staff to begin the internal promotional process to fill the Public Works Superintendent position. City Administrator Justin Miller, Public Works Director/City Engineer John Mazzitello, City of West St. Paul's Public Works & Parks Director Matt Saam and I interviewed Parks Lead Terry Blum for the PW Superintendent Position. It is our pleasure to recommend to you that the city appoint Terry Blum as the PW Superintendent. Mr. Blum has over 30 year years of experience and successful performance with the Mendota Heights Public Works Department. Mr. Blum has extensive knowledge of the Public Works operations. His experience includes overseeing repair/maintenance schedules for the Mendota Heights parks and supervising staff to ensure projects are completed. City staff recommends that city council approve the appointment of Terry Blum as the PW Superintendent effective Wednesday, June 4, 2014 with wages set at Grade 34, Step B of the 2014 Employee Position/Pay Classification Plan. The 2014 rate for Grade 34, Step B is $76,336 annually. BUDGET As noted above. RECONIlVIENDATION Staff recommends that the Mendota Heights City Council approve the appointment of Terry Blum as the Public Works Superintendent effective Wednesday, June 4, 2014. irwoomm"" CITY OF MENDOTA HEIGHTS DATE: June 3, 2014 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer Almin Ramic, EIT, Civil Engineer page 31 1101 Victoria Curve 1 Mendota He,y 651.452.1850 phone 1 651.452. www.mendota-heights.com SUBJECT: Accept Bids and Award Contract for Victoria Road & Rolling Green Neighborhood Improvements BACKGROUND The feasibility report for the Victoria Road & Rolling Green Neighborhood Improvements was accepted by the Mendota Heights City Council on September 17, 2013. This project includes reconstructing the rural section of Victoria Road from Marie Avenue to Caren Road. This project also includes rehabilitating the urban sections of Walsh Lane (from Marie Avenue to 150' south of Stratford Road), Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court. Council ordered the Victoria Road & Rolling Green Neighborhood Improvements at their November 19, 2013 meeting, and directed staff to prepare plans and specifications for this street reconstruction project. Council approved the plans and specifications at their May 6, 2014 meeting. Two bids (see below) were received and opened on Wednesday, May 28, 2014, at 10:00 a.m. for the Victoria Road & Rolling Green Neighborhood Improvements. NAME OF BIDDER McNamara Contracting, Inc. Bituminous Roadways, Inc. AMOUNT OF BID $1,819,014.30 $2,462,403.65 McNamara Contracting, Inc. submitted the lowest responsible bid of $1,819,014.30. Their bid was less than the Engineer's Estimate of $1,993,050.75. McNamara Contracting, Inc. is a contractor with many years of experience with an office in Rosemount, Minnesota and has completed projects in Mendota Heights in the past and Staff recommends them for this contract. The substantial completion date for the project is September 27, 2014. I expect that McNamara Contracting, Inc., serving in the capacity of General Contractor, is capable of meeting the completion dates and installing the proposed improvements in accordance with the plans and specifications given their experience and the amount of equipment and manpower they have at their disposal. page 32 Staff will mail out a general notice to the residents about the project after council awards the contract, including information regarding the construction schedule. Project Schedule A proposed schedule for the remainder of this project is shown below: Item: Date: Award Contract June 3, 2014 Begin Construction June/July 2014 Complete Construction Fall 2014 Assessment Hearing October 2014 Final Wear Course of Bituminous Pavement October 2014 Limited Use Permit Mendota Heights has trails that are located within Minnesota Department of Transportation (MnDOT) owned right-of-way which are proposed to be rehabilitated with the project. MnDOT is requiring the city to execute Limited Use Permit for these small trail sections. In order to begin the process of executing a Limited Use Permit, MnDOT requires Council to pass a Resolution indicating the City's willingness to enter into a Limited Use Permit Agreement. The attached Resolutions would authorize staff to enter into a Limited Use Permit with MnDOT on behalf of the City. When the final Limited Use Permit is ready, thorough review by the City Attorney will take place prior to staff approval of the permit. Preventative Maintenance The proposed project also includes preventative maintenance to adjacent streets in the Tilson Highland Heights, which consists of crack sealing and seal coating. The City of Mendota Heights has a Joint Powers Agreement (JPA) administered by the City of Burnsville, Although the JPA is written for a number of services, the City of Mendota Heights only utilizes limited services provided by the JPA (Crack Sealing and Seal Coating/Chip Seal). These services are delivered at a comparable or reduced unit cost to bid prices the City could get on their own, and the administrative fees paid are slightly more economical than if the services were administered by in-house staff. Staff proposes having the crack sealing and seal coating completed under the JPA. The total estimated cost of the crack sealing and seal coating is $100,000. BUDGET IMPACT The Victoria Road & Rolling Green Neighborhood Improvements are proposed to be financed by Special Assessments, Municipal Bonds, Municipal State Aid, and Utility Funds. Total Project costs match those as ordered by City Council at their November 19, 2014 meeting with an estimated bond debt of $850,000. page 33 RECOMMENDATION Staff recommends that the council accept the bids and award the construction contract to McNamara Contracting, Inc. for their bid in the amount of $1,819,014.30. If city council wishes to implement the staff recommendation, pass a motion adopting A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308) and RESOLUTION AUTHORIZING A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT-OF-WAY OF INTERSTATE 494 and RESOLUTION AUTHORIZING A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT-OF-WAY OF TRUNK HIGHWAY 13. This action requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-31 page 34 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE VICTORA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS (PROJECT #201308) WHEREAS, pursuant to an advertisement for bids for the proposed construction of storm sewer, water main, street paving and related appurtenant work of reconstructing Victoria Road from Marie Avenue to Caren Road and rehabilitating Walsh Lane (from Marie Avenue to 150' south of Stratford Road), Stratford Road, Oxford Court, Windwood Court, Rolling Green Curve, and Coventry Court referred to as the Victoria Road & Rolling Green Neighborhood Improvements, bids were received, opened, and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER McNamara Contracting, Inc. Bituminous Roadways, Inc. and AMOUNT OF BID $1,819,014.30 $2,462,403.65 WHEREAS, the City Engineer recommended that the lowest responsible bid submitted by McNamara Contracting, Inc. of Rosemount, Minnesota, be accepted. WHEREAS, the City Engineer has recommended that the crack seal and seal coating to Tilsen Highland Heights be completed under the existing Joint Powers Agreement administered by the City of Burnsville NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the bid of McNamara Contracting, Inc. of Rosemount, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 3. That the contract be awarded to McNamara Contracting, Inc. of Rosemount, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this third day of June, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST Sandra Krebsbach, Mayor Lorri Smith, City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-32 page 35 RESOLUTION AUTHORIZING A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT- OF-WAY OF INTERSTATE 494 WHEREAS, the City of Mendota Heights is a political subdivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Mendota Heights has approved a plan to rehabilitate a pedestrian trail in the I-494 R/W on the East side of Pilot Knob Road at the Pilot Knob Road I-494 ramp within the City of Mendota Heights Corporate Limits; and WHEREAS, the State of Minnesota Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Mendota Heights hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: 1. To re -construct and maintain a pedestrian trail within the right-of-way I-494 of the State of Minnesota on the East side of Pilot Knob Road at the Pilot Knob Road I-494 ramp. 2. The City of Mendota Heights shall re -construct, operate, and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council of the City of Mendota Heights authorizes the City Administrator and the Public Works Director to execute the Limited Use Permit and any amendments to the Permit. Adopted by the City Council of the City of Mendota Heights this third day of June 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-33 page 36 RESOLUTION AUTHORIZING A LIMITED USE PERMIT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT- OF-WAY OF TRUNK HIGHWAY 13 WHEREAS, the City of Mendota Heights is a political subdivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Mendota Heights has approved a plan to rehabilitate a pedestrian trail in the right-of-way of Trunk Highways 13 in the proximity of Pilot Knob Road; and WHEREAS, the State of Minnesota Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Mendota Heights hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: 1. To re -construct and maintain a pedestrian trail within the right-of-way of Trunk Highways 13 of the State of Minnesota at the intersection with Pilot Knob Road. 2. The City of Mendota Heights shall re -construct, operate, and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council of the City of Mendota Heights authorizes the City Administrator and the Public Works Director to execute the Limited Use Permit and any amendments to the Permit. Adopted by the City Council of the City of Mendota Heights this third day of June 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk CITY OF MENDOTA HEIGHTS `8�' �� T��������REPORTAPR|L 2014 ^ American Bank Checking Account .02% Savings Account .0296 Collateral -Bonds Gov't. Guar. Investments BALANCE COLLATERAL $89,446.38 $640.34 $90,086.72 $1.100.000.00 $250.000.00 Cost PV Saving Cert 7/2Q/13@0.2O96Cherokee $13.962.59 $13.952.59 FHLB 1.00% 03/27/20 $350.000.00 $350.315.00 FHLB 1.259612/14/22 $510.000.00 $507.486.70 FHLB 1.00Y612/28/22 $700.000.00 $689.398.00 FHLB 1.25% 02/22/23 $280.000.00 $260.137.80 FHLB 1.25% 03/27/23 $255.000.00 $252.636.70 FHLB 1.125% 06/20/23 $1.750.000.00 $1.732.097.50 FHLMC 2.00% 12/27/23 $250.000.00 $250.142.50 FHLB 2.00% 4/30/24 $185.000.00 $184.704.00 Goldman Sachs Bank 1.50Y6 12/08/14 $245.000.00 $246.019.20 GECapital Financial Inc 2.OS9611/4/1S $245.000.00 $249.549.65 American Express Cent Bank 2.05% 12/1/16 $245.000.00 $248.336.50 GE Capital Retail Bank 2.00% 7/6/18 $200.000.00 $200.702.00 Sallie Mae Bank 2.O5OY611/2O/18 $245.000.00 $245.455.70 BMW Bank 2.00% 12/11/18 $245.000.00 $245.708.05 Fidelity Institutional Government Portfolio (Piper) $2,214,795.25 $2.214.795.25 Gov't.Securities Fund 2896Sold G/4 $433.187.00 $1.031.000.00 MMkt Fd (WF) $319.360.77 TOTAL FUNDS AVAILABLE 4/30/14 Funds Available 1/1/2014 Rates Money Market Apr Bank 0.02Y6 5Yr. Tr. 1.6996 10 Yr. Tr. 2.67Y6 $8.756.382.33 page 37 page 38 1101 Victoria Curve 1 Mendota Heig 5g. 13 651.4521850 phone 1651.452.8940 fax www,mendota-heights.com DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS BACKGROUND June 3, 2014 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director 0 -- Claims List Summary Significant Claims Dakota County Treasurer — Special Assessment Payoff Asphalt Surface Technologies — Crown Point/Overlook Project Great River Greening — Invasive Species Control — Valley Park KDV — Partial Audit Billing SRF Consulting — Dodd Road/Highway 110 Project $ 6,982.60 $ 213,367.53 $ 3,000.00 $ 15,000.00 $ 5,157.65 Manual Checks Total $ 47,664.02 System Checks Total $ 294,904.72 Total for the list of claims for the June 3, 2014 city council meeting $ 342,568.74 RECOMMENDATION: Approval of the list of claims for June 3, 2014. Account CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 05/28/14 MAN Comments DEPT Descr page 39 05/29/14 11:32 AM Page 1 Amount Search Name AFFINITY PLUS G 01-2073 Search Name AFFINITY PLUS 05/23/2014 PAYROLL Search Name DAKOTA COUNTY PT & R E 13-4490-000-00 SPECIAL ASSESSMENTY - BOLIG PROPERTY Spec Fds Search Name DAKOTA COUNTY PT & R Search Name i C M A RETIREMENT 457 G 01-2072 05/23/2014 PAYROLL G 01-2073 05/23/2014 PAYROLL Search Name I C M A RETIREMENT 457 Search Name MENDOTA HEIGHTS GENERAL ACCT. G 01-1021 REPLENISH PETTY CASH Search Name MENDOTA HEIGHTS GENERAL ACCT. Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 05/23/2014 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION Search Name NOWACK, SHANE E 01-4435-200-70 Search Name NOWACK, SHANE Search Name STENHAUG, JOHN E 01-4435-200-70 Search Name STENHAUG, JOHN SOFTBALL UMPIRE SOFTBALL UMPIRE Search Name SW/WC SERVICE COOPERATIVES G 01-2074 E 01-4131-110-10 E 01-4131-020-20 E 01-4131-050-50 E 01-4131-070-70 G 01-2071 E 05-4131-105-15 JUNE 2014 HEALTH INSURANCE JUNE 2014 HEALTH INSURANCE JUNE 2014 HEALTH INSURANCE JUNE 2014 HEALTH INSURANCE JUNE 2014 HEALTH INSURANCE JUNE 2014 HEALTH INSURANCE JUNE 2014 HEALTH INSURANCE Search Name SW/WC SERVICE COOPERATIVES Search Name UNITED WAY OF ST. PAUL G 01-2070 05/23/2014 PAYROLL Search Name UNITED WAY OF ST. PAUL Search Name XCEL ENERGY E 01-4211-320-70 E 01-4212-320-70 E 45-4211-047-45 E 45-4211-046-45 E 45-4211-046-45 Search Name XCEL ENERGY MAR -APRIL 2014 UTILITIES MAR -APRIL 2014 UTILITIES MAR -APRIL 2014 UTILITIES MAR -APRIL 2014 UTILITIES MAR -APRIL 2014 UTILITIES Parks & Recreation Parks & Recreation $1,640.00 $1,640.00 $6,982.60 $6,982.60 $483.99 $192.00 $675.99 $485.79 $485.79 $50.00 $50.00 $25.00 $25.00 $25.00 $25.00 $1,561.00 Administration $3,488.00 Police $17,670.00 Road & Bridges $3,902.50 Parks & Recreation $1,364.50 $5,196.00 Engineering Enterprise $4,268.50 $37,450.50 Parks & Recreation Parks & Recreation Golf Course Golf Course Golf Course $47.89 $47.89 $12.43 $9.00 $173.81 $64.28 $21.73 $281.25 $47,664.02 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEN CHECKS 06/03/14 PAY Comments DEPT Descr page 40 05/29/14 11:39 AM Page 1 Amount Search Name ALL SAFE INC E 01-4330-490-50 E 01-4330-490-70 E 15-4330-490-60 E 08-4335-000-00 Search Name ALL SAFE INC ANNUAL FIRE EXT. INSPECTION - PW ANNUAL FIRE EXT. INSPECTION - PW ANNUAL FIRE EXT. INSPECTION - PW ANNUAL FIRE EXT. INSPECTION - CITY HALL Search Name AMERICAN FLEET SUPPLY E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Search Name AMERICAN FLEET SUPPLY Search Name AMERIPRIDE SERVICES E 45-4335-045-45 E 01-4335-310-50 E 01-4335-310-70 E 15-4335-310-60 Search Name AMERIPRIDE SERVICES Search Name APACHE GROUP E 08-4335-000-00 Search Name APACHE GROUP MAT SERVICE - PAR3 MAT SERVICE - PW GARAGE MAT SERVICE - PW GARAGE MAT SERVICE - PW GARAGE SUPPLIES - CITY HALL Search Name ASPHALT SURFACE TECHNOLOGIES E 78-4460-787-00 CROWN PT/OVERLOOK STR REHAB Search Name ASPHALT SURFACE TECHNOLOGIES Search Name B S N SPORTS E 01-4305-070-70 FIELDS/COURTS SUPPLIES Search Name B S N SPORTS Search Name BANYON DATA SYSTEMS E 01-4330-490-10 BDS SUPPORT - FUND E 15-4330-490-60 BDS SUPPORT - UB Search Name BANYON DATA SYSTEMS Search Name BEARENCE MANAGEMENT GROUP E 05-4133-105-15 E 45-4133-045-45 E 01-4133-109-09 E 15-4133-060-60 E 08-4133-000-00 E 01-4133-050-50 E 01-4133-040-40 E 01-4133-031-30 E 01-4133-110-10 E 01-4133-020-20 E 01-4250-110-10 E 01-4133-070-70 W/C POLICY COMMISSION W/C POLICY COMMISSION W/C POLICY COMMISSION W/C POLICY COMMISSION W/C POLICY COMMISSION W/C POLICY COMMISSION W/C POLICY COMMISSION W/C POLICY COMMISSION W/C POLICY COMMISSION W/C POLICY COMMISSION VOLUNTEER POLICY COMMISSION W/C POLICY COMMISSION Search Name BEARENCE MANAGEMENT GROUP Search Name BERTELSON TOTAL OFFICE SOLUTNS E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Search Name BERTELSON TOTAL OFFICE SOLUTNS Road & Bridges Parks & Recreation Utility Enterprise Spec Fds Road & Bridges Utility Enterprise Golf Course Road & Bridges Parks & Recreation Utility Enterprise Spec Fds Spec Fds Parks & Recreation Administration Utility Enterprise Engineering Enterprise Golf Course City Council Utility Enterprise Spec Fds Road & Bridges Code Enforcement/Inspe Fire Administration Police Administration Parks & Recreation $146.13 $73.07 $73.06 $70.70 $362.96 $22.97 $27.87 $50.84 $31.37 $25.87 $25.86 $25.86 $108.96 $185.79 $185.79 $213,367.53 $213,367.53 $609.97 $609.97 $1,785.00 $795.00 $2,580.00 $29.54 $12.50 $0.85 $62.50 $32.95 $274.99 $5.69 $232.95 $54.55 $676.11 $6.09 $110.22 $1,498.94 Administration $60.77 $60.77 CITY OF MENDOTA HEIGHTS Claims List SYSTEN CHECKS 06/03/14 PAY page 41 05/29/14 11:39 AM Page 2 Account Comments DEPT Descr Amount Search Name C. DARLENE OEHLKE, CAP E 01-4220-110-10 05/20/14 CITY COUNCIL MEETING Administration $327.00 Search Name C. DARLENE OEHLKE, CAP $327.00 Search Name CDW GOVERNMENT, INC E 01-4301-114-14 BACK-UP/SECURUTY SOWTWARE Info Tech $1,610.90 E 01-4330-440-20 EQUIPMENT REPAIR - PD Police $349.41 Search Name CDW GOVERNMENT, INC $1,960.31 Search Name CENTURY LINK E 45-4210-045-45 MAY -JUNE 2014 SERVICE - PAR3 Golf Course Search Name CENTURY LINK Search Name COCA-COLA REFRESHMENTS E 45-4310-210-45 BEVERAGES - PAR3 Golf Course Search Name COCA-COLA REFRESHMENTS Search Name COMMERCIAL ASPHALT E 01-4422-050-50 ASPHALT MIX Road & Bridges Search Name COMMERCIAL ASPHALT $55.13 $55.13 $218.25 $218.25 $1,613.76 $1,613.76 Search Name CONTINENTAL SAFETY EQ E 15-4305-060-60 SAFETY SUPPLIES - SEWER Utility Enterprise $29.00 Search Name CONTINENTAL SAFETY EQ $29.00 Search Name COOL AIR MECHANICAL, INC. E 08-4335-000-00 HVAC WORK - CITY HALL Spec Fds $488.94 Search Name COOL AIR MECHANICAL, INC. $488.94 Search Name CREATIVE PRODUCT SOURCING, INC E 01-4305-220-20 D.A.R.E. SUPPLIES Police $28.00 Search Name CREATIVE PRODUCT SOURCING, INC $28.00 Search Name CROWN TROPHY E 01-4490-020-20 PLAQUE - PD Police $110.00 Search Name CROWN TROPHY $110.00 Search Name DAKOTA COUNTY FINANCIAL SERVIC E 01-4275-020-20 MAR 2014 RADIO SUBSCRIBER FEES Police $863.21 E 01-4275-030-30 MAR 2014 RADIO SUBSCRIBER FEES Fire $653.24 E 01-4200-610-50 MAR 2014 RADIO SUBSCRIBER FEES Road & Bridges $163.31 E 01-4200-610-70 MAR 2014 RADIO SUBSCRIBER FEES Parks & Recreation $93.32 E 15-4200-610-60 MAR 2014 RADIO SUBSCRIBER FEES Utility Enterprise $23.33 E 05-4200-610-15 MAR 2014 RADIO SUBSCRIBER FEES Engineering Enterprise $69.99 E 01-4275-020-20 2014 EXTENDED WARRATY Police $1,074.96 Search Name DAKOTA COUNTY FINANCIAL SERVIC $2,941.36 Search Name DELL MARKETING L.P. E 01-4490-640-12 ELECTIONS LAPTOP Elections $1,008.09 Search Name DELL MARKETING L.P. $1,008.09 Search Name DELTA DENTAL E 15-4131-060-60 JUNE 2014 DENTAL PREMIUM Utility Enterprise $217.80 G 01-2074 JUNE 2014 DENTAL PREMIUM $167.00 G 01-2071 JUNE 2014 DENTAL PREMIUM $1,306.80 Account E 01-4131-020-20 E 05-4131-105-15 E 01-4131-050-50 E 01-4131-070-70 E 01-4131-110-10 E 08-4131-000-00 Search Name DELTA DENTAL CITY OF MENDOTA HEIGHTS Claims List SYSTEN CHECKS 06/03/14 PAY Comments JUNE 2014 DENTAL PREMIUM JUNE 2014 DENTAL PREMIUM JUNE 2014 DENTAL PREMIUM JUNE 2014 DENTAL PREMIUM JUNE 2014 DENTAL PREMIUM JUNE 2014 DENTAL PREMIUM Search Name DESIGNER SIGN SYSTEMS E 01-4490-080-80 NAME PLATE - PLANNER Search Name DESIGNER SIGN SYSTEMS Search Name EMERGENCY AUTOMOTIVE TECHNOLOG E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Search Name EMERGENCY AUTOMOTIVE TECHNOLOG Search Name FIRE EQUIPMENT SPECIALTIES E 01-4305-030-30 SAFETY SUPLUES - FIRE DEPT Search Name FIRE EQUIPMENT SPECIALTIES Search Name FLEET SERVICES E 01-4200-610-20 Search Name FLEET SERVICES Search Name FLEETPRIDE E 15-4330-490-60 Search Name FLEETPRIDE APRIL 2014 SQUAD LEASES EQUIPMENT REPAIR PARTS SEWER Search Name GERTENS GREENHOUSE E 01-4336-050-50 PLOW DAMAGE REPAIRS Search Name GERTENS GREENHOUSE Search Name GM MANAGEMENT E 45-4268-045-45 Search Name GM MANAGEMENT APR 2014 CONSULTING - PAR3 Search Name GMS INDUSTRIAL SUPPLIES, INC. E 15-4330-490-60 EQUIPMENT REPAIR - SEWER Search Name GMS INDUSTRIAL SUPPLIES, INC. Search Name GRAINGER E 08-4335-000-00 Search Name GRAINGER BLDG MAINT. SUPPLIES - CITY HALL Search Name GREAT RIVER GREENING E 01-4330-215-70 INVASIVE SPECIES CONTROL - VALLEY PARK Search Name GREAT RIVER GREENING Search Name HEINES FLOOR COVERING INC E 45-4480-045-45 BLDG REPAIRS - PAR3 G 45-2035 BLDG REPAIRS - PAR3 - USE TAX Search Name HEINES FLOOR COVERING INC Search Name HELENA CHEMICAL CO E 01-4330-215-70 FERTILIZER - PARKS E 01-4330-215-70 PARKS SPRAYING DEPT Descr Police Engineering Enterprise Road & Bridges Parks & Recreation Administration Spec Fds Planning Police Fire Police Utility Enterprise Road & Bridges Golf Course Utility Enterprise Spec Fds Parks & Recreation Golf Course Parks & Recreation Parks & Recreation page 42 05/29/14 11:39 AM Page 3 Amount $778.65 $301.30 $384.80 $301.30 $259.55 $41.75 $3,758.95 $54.19 $54.19 $33.58 $33.58 $148.72 $148.72 $4,518.90 $4,518.90 $9.98 $9.98 $83.20 $83.20 $1,000.00 $1,000.00 $566.50 $566.50 $20.40 $20.40 $3,000.00 $3,000.00 $1,623.33 -$73.02 $1,550.31 $1,435.20 $168.00 CITY OF MENDOTA HEIGHTS Claims List SYSTEN CHECKS 06/03/14 PAY Account Comments E 01-4330-215-70 PARKS SPRAYING Search Name HELENA CHEMICAL CO Search Name HOSE INC E 15-4330-490-60 E 15-4330-490-60 Search Name HOSE INC Search Name INTEGRA TELECOM E 01-4210-020-20 E 01-4210-070-70 E 15-4210-060-60 E 01-4210-050-50 E 01-4210-040-40 E 01-4210-110-10 E 05-4210-105-15 E 01-4210-020-20 Search Name INTEGRA TELECOM Search Name INVER GROVE FORD E 05-4330-490-15 Search Name INVER GROVE FORD EQUIPMENT REPAIR PARTS - SEWER EQUIPMENT REPAIR PARTS - SEWER MAY -JUNE 2014 TEL. SERVICE MAY -JUNE 2014 TEL. SERVICE MAY -JUNE 2014 TEL. SERVICE MAY -JUNE 2014 TEL. SERVICE MAY -JUNE 2014 TEL. SERVICE MAY -JUNE 2014 TEL. SERVICE MAY -JUNE 2014 TEL. SERVICE MAY -JUNE 2014 TEL. SERVICE EQUIPMENT REPAIR PARTS - ENG. Search Name JANECKY PLUMBING SERVICE, INC E 08-4335-000-00 TESTING - CITY HALL Search Name JANECKY PLUMBING SERVICE, INC Search Name JRS ADVANCED RECYCLERS E 01-4220-085-85 CLEAN-UP DAY SERVICE Search Name JRS ADVANCED RECYCLERS Search Name K D V E 03-4220-130-00 E 45-4220-130-45 E 29-4220-130-00 E 21-4220-130-00 E 15-4220-130-60 E 05-4220-130-15 E 01-4220-130-10 E 10-4220-130-00 Search Name K D V Search Name KAT KEYS E 08-4335-000-00 Search Name KAT KEYS 2013 AUDIT - INTERIM BILLING 2013 AUDIT - INTERIM BILLING 2013 AUDIT - INTERIM BILLING 2013 AUDIT - INTERIM BILLING 2013 AUDIT - INTERIM BILLING 2013 AUDIT - INTERIM BILLING 2013 AUDIT - INTERIM BILLING 2013 AUDIT - INTERIM BILUNG BLDG REPAIRS - CITY HALL Search Name KREMER SERVICES, LLC E 15-4330-490-60 DOT INSPECTION Search Name KREMER SERVICES, LLC Search Name LEL S G 01-2075 Search Name LE LS Search Name LM CI T3 JUNE 2014 UNION DUES DEPT Descr Parks & Recreation Utility Enterprise Utility Enterprise page 43 05/29/14 11:39 AM Page 4 Amount Police Parks & Recreation Utility Enterprise Road & Bridges Code Enforcement/Inspe Administration Engineering Enterprise Police Engineering Enterprise Spec Fds Recycling $955.70 $2,558.90 $87.02 $87.02 $174.04 $125.93 $42.63 $250.43 $42.63 $66.50 $332.51 $166.26 $266.01 $1,292.90 $30.51 $30.51 $250.00 $250.00 $1,613.90 $1,613.90 Spec Fds $1,205.56 Golf Course $1,124.42 Spec Fds $452.09 Spec Fds $382.53 Utility Enterprise $1,205.56 Engineering Enterprise $1,414.22 Administration $8,693.98 Spec Fds $521.64 Spec Fds Utility Enterprise $15,000.00 $57.00 $57.00 $87.95 $87.95 $585.00 $585.00 Account G 01-1215 E 01-4250-110-10 Search Name L MCI T3 CITY OF MENDOTA HEIGHTS Claims List SYSTEN CHECKS 06/03/14 PAY Comments VOLUNTEER ACCIDENT POLICY VOLUNTEER ACCIDENT POLICY Search Name LAWSON PRODUCTS, INC E 01-4305-050-50 E 01-4305-070-70 E 15-4305-060-60 OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP Search Name LAWSON PRODUCTS, INC Search Name LIGHTNING DISPOSAL, INC. E 01-4220-085-85 SPRING CLEAN-UP DISPOSAL Search Name LIGHTNING DISPOSAL, INC. DEPT Descr Search Name LITTLE FALLS MACHINE, INC. E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Search Name LITTLE FALLS MACHINE, INC. Search Name LMS IRRIGATION SYSTEMS E 78-4460-774-00 IRRIGATION REPAIRS - HUNTER LN PROJEC Search Name LMS IRRIGATION SYSTEMS Search Name LOGIS E 01-4223-020-20 E 01-4301-030-30 E 01-4220-114-14 Search Name LOGIS APPLICATION SUPPORT - PD APPLICATION SUPPORT - FIRE DEPT NETWORK SERVICVE Search Name LOWES BUSINESS ACCOUNT E 45-4480-045-45 E 45-4480-045-45 E 45-4480-045-45 BLDG REPAIR MATERIALS - PAR3 BLDG REPAIR MATERIALS - PAR3 BLDG REPAIR MATERIALS - PAR3 Search Name LOWES BUSINESS ACCOUNT Search Name MAUER CHEVROLET E 01-4330-490-70 Search Name MAUER CHEVROLET Search Name MAZZITELLO, JOHN E 05-4400-105-15 E 05-4415-105-15 Search Name MAZZITELLO, JOHN Search Name MEDICS TRAINING INC E 01-4403-030-30 Search Name MEDICS TRAINING INC Search Name MENARDS E 08-4335-000-00 E 45-4480-045-45 G 45-2035 E 01-4220-085-85 E 15-4305-060-60 E 08-4335-000-00 E 08-4335-000-00 EQUIPMENT REPAIR - PARKS TRAVEL EXPENSE - J. MAZZITELLO MILEAGE REIMB. - J. MAZZITELLO FIRST RESPONDER REFRESHER - FIRE DEPT SUPPLIES - CITY HALL BLDG REPAIR SUPPLIES - PAR3 BLDG REPAIR SUPPLIES - PAR3 CLEAN-UP DAY SUPPLIES PAINT & SUPPLIES TOOLS - CITY HALL CLEANIN SUPPLIES - CITY HALL Administration Road & Bridges Parks & Recreation Utility Enterprise Recycling Road & Bridges Spec Fds Police Fire Info Tech Golf Course Golf Course Golf Course Parks & Recreation Engineering Enterprise Engineering Enterprise Fire Spec Fds Golf Course Recycling Utility Enterprise Spec Fds Spec Fds page 44 05/29/14 11:39 AM Page 5 Amount $203.00 $406.00 $609.00 $43.28 $43.28 $43.27 $129.83 $2,208.53 $2,208.53 $828.47 $828.47 $75.07 $75.07 $2,272.00 $55.00 $767.25 $3,094.25 -$22.37 -$29.46 $524.44 $472.61 $204.06 $204.06 $551.12 $32.48 $583.60 $190.00 $190.00 $22.35 $32.55 -$2.09 $12.98 $113.20 $41.98 $24.30 Account Search Name MENARDS CITY OF MENDOTA HEIGHTS Claims List SYSTEN CHECKS 06/03/14 PAY Comments DEPT Descr page 45 05/29/14 11:39 AM Page 6 Amount Search Name METRO AREA MGMT ASSOCIATION E 01-4400-110-10 SEMINAR - J. MILLER Search Name METRO AREA MGMT ASSOCIATION Search Name METRO SALES E 01-4330-490-10 E 01-4330-445-40 E 01-4330-490-70 E 01-4300-080-80 E 05-4330-490-15 E 45-4305-045-45 E 15-4330-490-60 E 01-4330-440-20 Search Name METRO SALES QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE QUARTERLY COPIER MAINTENANCE Search Name MID NORTHERN ELECTRIC E 45-4480-045-45 BLDG EL. REPAIRS - PAR3 Search Name MID NORTHERN ELECTRIC Search Name MN BENEFIT ASSN G 01-2071 G 01-2073 E 01-4131-050-50 Search Name MN BENEFIT ASSN JUNE 2014 PREMIUM. JUNE 2014 PREMIUM JUNE 2014 PREMIUM Search Name MN CITY/COUNTY MANAGEMENT ASSN E 01-4404-110-10 MEMBERSHIP - J. MILLER Search Name MN CITY/COUNTY MANAGEMENT ASSN Search Name MNPEA G 01-2075 Search Name MNPEA Search Name NATURE CALLS, INC E 01-4200-610-70 E 45-4200-610-45 Search Name NATURE CALLS, INC JUNE 2014 UNION DUES APRIL 2014 RENTALS - PARKS APRIL 2014 RENTALS - PAR3 Search Name NCPERS GROUP LIFE INS. G 01-2071 JUNE 2014 PREMIUM Search Name NCPERS GROUP LIFE INS. Search Name NDC4 CABLE COMMISSION E 01-4306-020-20 PD TRAINING VIDEOS Search Name NDC4 CABLE COMMISSION Search Name Ni i 11 SANITATION INC E 45-4280-045-45 RECYCLING - PAR3 Search Name N11 I 1 SANITATION INC Search Name OFFICE DEPOT E 01-4300-020-20 E 01-4300-030-30 OFFICE SUPPLIES - PD OFFICE SUPPLIES - FIRE DEPT Administration $245.27 $20.00 $20.00 Administration $420.76 Code Enforcement/Inspe $37.68 Parks & Recreation $62.80 Planning $31.40 Engineering Enterprise $34.54 Golf Course $3.14 Utility Enterprise $37.68 PD Police $321.57 $949.57 Golf Course Road & Bridges Administration Parks & Recreation Golf Course Police Golf Course Police Fire $2,723.13 $2,723.13 $46.34 $14.95 $11.82 $73.11 $136.00 $136.00 $117.00 $117.00 $611.10 $32.85 $643.95 $96.00 $96.00 $44.80 $44.80 $9.27 $9.27 $186.20 $17.97 CITY OF MENDOTA HEIGHTS Claims List SYSTEN CHECKS 06/03/14 PAY Account Comments DEPT Descr page 46 05/29/14 11:39 AM Page 7 Amount Search Name OFFICE DEPOT Search Name OLSEN COMPANIES E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Search Name OLSEN COMPANIES Search Name OREILLY AUTO/FIRST CALL E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER E 05-4330-490-15 EQUIPMENT REPAIR PARTS - ENG. Search Name OREILLY AUTO/FIRST CALL Search Name PENTEL, REBECCA E 01-4490-020-20 RETIREMENT PARTY SUPPLIES Search Name PENTEL, REBECCA Search Name PIONEER MANUFACTURING COMPANY E 01-4330-490-70 EQUIPMENT - PARKS Search Name PIONEER MANUFACTURING COMPANY Search Name PRAIRIE RESTORATIONS, INC. E 01-4330-215-70 CONTROLLED BURN - KENSINGTON PARK Search Name PRAIRIE RESTORATIONS, INC. Search Name R K HUNTER E 45-4480-045-45 Search Name R K HUNTER Search Name SAFE -FAST, INC. E 01-4305-050-50 Search Name SAFE -FAST, INC. Search Name SAIDE, IZ & CHERYL E 78-4460-774-00 Search Name SAIDE, IZ & CHERYL Search Name SETS DESIGN INC E 01-4410-020-20 Search Name SETS DESIGN INC Search Name SNAP ON TOOLS E 01-4305-050-50 E 01-4305-070-70 E 15-4305-060-60 Search Name SNAP ON TOOLS Search Name SPRINT E 01-4210-110-10 E 15-4210-060-60 E 01-4223-020-20 E 01-4210-020-20 E 45-4210-045-45 E 05-4210-105-15 E 01-4210-030-30 Search Name SPRINT Search Name SPRWS BLDG REPAIRS- PAR3 SAFETY SUPPLIES - STREETS LOCATE SERVICE - HUNTER LN PROJECT UNIFORMS - PD OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP MAY 2013 CELL SERVICE MAY 2013 CELL SERVICE MAY 2013 CELL SERVICE MAY 2013 CELL SERVICE MAY 2013 CELL SERVICE MAY 2013 CELL SERVICE MAY 2013 CELL SERVICE Parks & Recreation Utility Enterprise Engineering Enterprise Police Parks & Recreation Parks & Recreation Golf Course Road & Bridges Spec Fds Police Road & Bridges Parks & Recreation Utility Enterprise $204.17 $144.46 $144.46 $63.72 $28.64 $92.36 $173.72 $173.72 $65.00 $65.00 $625.00 $625.00 $100.00 $100.00 $43.80 $43.80 $55.00 $55.00 $38.00 $38.00 $79.97 $79.97 $79.96 $239.90 Administration $133.65 Utility Enterprise $50.47 Police $319.92 Police $733.83 Golf Course $65.32 Engineering Enterprise $162.18 Fire $32.63 $1,498.00 CITY OF MENDOTA HEIGHTS Claims List SYSTEN CHECKS 06/03/14 PAY Account Comments E 01-4425-315-30 APRIL 2014 SERVICE - FIRE HALL Search Name SPRWS Search Name SRF CONSULTING GROUP, INC E 22-4220-786-00 DODD RD/TH110 PROJECT Search Name SRF CONSULTING GROUP, INC Search Name STERLING CODIFIERS, INC E 01-4220-110-10 SUPPLEMENT #19 Search Name STERLING CODIFIERS, INC Search Name SUN LIFE E 01-4131-050-50 E 15-4131-060-60 E 08-4131-000-00 G 01-2071 E 01-4131-020-20 E 01-4131-110-10 E 05-4131-105-15 E 01-4131-070-70 Search Name SUN LIFE Search Name SWARTZ, PRISCILLA E 01-4336-050-50 Search Name SWARTZ, PRISCILLA Search Name T MOBILE E 01-4210-070-70 Search Name T MOBILE Search Name TRAFFIC DATA INC E 27-4220-788-00 Search Name TRAFFIC DATA INC JUNE 2014 TERM LIFE & DISB PREMIUM JUNE 2014 TERM LIFE & DISB PREMIUM JUNE 2014 TERM LIFE & DISB PREMIUM JUNE 2014 TERM LIFE & DISB PREMIUM JUNE 2014 TERM LIFE & DISB PREMIUM JUNE 2014 TERM LIFE & DISB PREMIUM JUNE 2014 TERM LIFE & DISB PREMIUM JUNE 2014 TERM LIFE & DISB PREMIUM SNOW PLOW DAMAGE REPAIRS APRIL 2014 CELL SERVICE -PARKS TRAFFIC COUNT - VICTORIA RD Search Name TRI COUNTY ASSOCIATION E 01-4404-020-20 2014 MEMBERSHIP Search Name TRI COUNTY ASSOCIATION Search Name TRIANGLE RUBBISH & RECYCLING E 01-4280-315-30 MARCH 2014 SERVICE - FIRE HALL E 01-4280-315-30 APRIL 2014 SERVICE - FIRE HALL Search Name TRIANGLE RUBBISH & RECYCLING Search Name TULCHINSKY, SANDRA E 01-4336-050-50 SNOW PLOW DAMAGE REPAIRS Search Name TULCHINSKY, SANDRA Search Name U. S. BANK E 01-4220-085-85 E 45-4490-045-45 E 01-4404-110-10 E 01-4400-109-09 E 01-4400-110-10 E 01-4220-085-85 E 01-4490-030-30 CLEAN-UP DAY SUPPLIES ADVERTISING - PAR3 MEMBERSHIP - J. MILLER SEMINAR REGISTRATION - S. KREBSBACH SEMINAR REGISTRATION - J. MILLER CLEAN-UP DAY SUPPLIES SUPPLIES - FIRE DEPT DEPT Descr Fire Spec Fds Administration Road & Bridges Utility Enterprise Spec Fds Police Administration Engineering Enterprise Parks & Recreation Road & Bridges Parks & Recreation Spec Fds Police Fire Fire Road & Bridges Recycling Golf Course Administration City Council Administration Recycling Fire page 47 05/29/14 11:39 AM Page 8 Amount $76.80 $76.80 $5,157.65 $5,157.65 $417.00 $417.00 $283.94 $89.50 $84.05 $1,434.19 $496.11 $302.89 $146.12 $185.36 $3,022.16 $171.32 $171.32 $178.53 $178.53 $2,720.00 $2,720.00 $75.00 $75.00 $53.10 $53.10 $106.20 $74.85 $74.85 $63.16 $350.00 $904.00 $25.00 $25.00 $108.03 $59.40 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEN CHECKS 06/03/14 PAY Comments DEPT Descr page 48 05/29/14 11:39 AM Page 9 Amount G 45-2035 E 45-4490-045-45 E 45-4330-490-45 G 45-2035 Search Name U. S. BANK Search Name WRIGHT, MIKKI E 78-4460-774-00 Search Name WRIGHT, MIKKI GOLF COURSE SUPPLIES GOLF COURSE SUPPLIES GROUNDS EQUIPMENT - PAR3 GROUNDS EQUIPMENT - PAR3 HUNTER/ORCHARD PROJECT Golf Course Golf Course Spec Fds -$21.43 $333.09 $241.05 -$15.51 $2,071.79 $99.96 $99.96 $294,904.72 page 49 5h. 2014 Licensing List for City Council Type Contractor Name General HVAC Masonry Hickory Builders, Inc Rumpca Services, Inc Omodt & Sons Masonry, Inc The Brick & Stone Artist, LLC Wednesday, May 28, 2014 Page 1 of 1 CITY OF MENDOTA HEIGHTS 1101 Victoria Curve 1 Mendota Heights, MN 651.452.1850 phone I 651.452.8940 fax www.mendota-heights.com DATE: June 3, 2014 TO: Mayor, City Council and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer 5i. SUBJECT: Purchase of a New Pickup Truck for Public Works (Parks Division) BACKGROUND Public Works needs to purchase a new pickup truck to replace a 2005 pickup with plow and lift gate. On May 9th, the 3/4 -ton truck operated by the Parks Maintenance Division blew its engine, and has been determined too costly to repair. There are three vehicles in Public Works that are prioritized for replacement, and this truck is one of them. Staff proposed replacement of this truck in the 2014 budget workshop session (Parks Department), and estimated the cost to be $37,500. The quotes received to replace the truck are (prices listed are dealer price. Tax, license, and trade in value not calculated): State Contract (2015 model) - $36,200 Inver Grove Ford (unsold 2014 model) - $36,218 In order to save money on the purchase, Public Works staff will re -use the plow and lift gate currently on the 2005 truck, and re -install them on the new vehicle. Inver Grove Ford has a vehicle that can be delivered within 2 weeks. The State contract order would take 10-12 weeks for delivery. BUDGET IMPACT While this purchase was not included in the levy supported portion of the 2014 budget, it was identified as a purchase that would be made out of fund balance when needed. The total price of the truck from Inver Grove Ford is $36,218 plus taxes and license fees and less trade-in value. RECOMMENDATION Staff recommends that the City Council authorize a purchase order to be made to Inver Grove Ford for $36,218.00 plus tax and license fees. This is to expedite delivery of a new vehicle, and to avoid up to a three-month waiting period. Approval of this action requires a majority vote of the city council. page 50 1101 Victoria Curve 1 Mendota He,g 7a • 651.452.1850 phone 1 651.452. yv� www.mendota-heights.com IrW1111111.1.1 CITY OF I - ILI MENDOTA HEIGHTS DATE: June 3, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Resolution Approving a Conditional Use Permit and Variance to Construct a Wireless Antenna Facility and Accessory Structure BACKGROUND The applicant, on behalf of AT&T and the Ridge South Condominium Association, is requesting a conditional use permit and variance to construct a building -mounted wireless antenna facility and accessory structure at 1860 Eagle Ridge Drive. The Code allows wireless antenna facilities, including accessory structures, by conditional use permit in the R-3 zoning district. The applicant has demonstrated compliance with the specific evaluation criteria and is required to comply with the remaining standards as part of the building permit application process. In addition, properties less than four acres within residential districts are limited to one accessory structure not to exceed 144 square feet. Since the property already contains an accessory structure for an existing wireless antenna facility, a variance from the number and size standards is required. The proposed accessory structure meets the applicable setback and height standards and is recommended to be constructed with a brick exterior to match the condominium building and screened from the ground -floor units by additional landscaping. The Planning Commission conducted a public hearing at the May 27 meeting. There were no public comments. BUDGET IMPACT N/A RECOMMENDATION The Planning Commission recommended approval of the conditional use permit and variance request, with conditions, as described in Planning Case 2014-16. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2014-30 APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR A WIRELESS ANTENNA FACILITY AND ACCESSORY STRUCTURE. This matter requires a simple majority vote. page 51 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-30 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR A WIRELESS ANTENNA FACILITY AND ACCESSORY STRUCTURE WHEREAS, SAC Wireless, on behalf of AT&T and the Ridge South Condominium Association, has applied for a conditional use permit and variance to construct a building -mounted wireless antenna facility and accessory structure at 1860 Eagle Ridge Drive (EAGLE RIDGE PLAT 2, LOT 1, BLOCK 1) as proposed in Planning Case 2014-16; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting May 27, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit and variance requests as proposed in Planning Case 2014-16 are hereby approved with the following conditions: 1. A building permit must be obtained prior to construction and installation of the wireless antenna facility. 2. The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined in the Staff report. 3. The applicant shall enter into an agreement with the Ridge South Condominium Association and provide a copy to the City. 4. The proposed wireless antenna structure is painted to match the existing roof -top structure and the condominium building's brick exterior. 5. The proposed accessory structure is constructed with a brick exterior that matches the condominium building. Adopted by the City Council of the City of Mendota Heights this third day of June, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk 0 DATE: TO: FROM: irows""' SUBJECT: CITY OF MENDOTA HEIGHTS APPLICANT: PROPERTY ADDRESS: ZONING/GUIDED: ACTION DEADLINE: page 52 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com May 27, 2014 Planning Commission Nolan Wall, AICP Planner Planning Case 2014-16 Conditional Use Permit and Variance Request for Wireless Antenna Facility and Accessory Structure SAC Wireless/Ridge South Condominium Association 1860 Eagle Ridge Drive R-3 Multiple Family Residential/HR High Density Residential July 11, 2014 DESCRIPTION OF THE REQUEST The applicant is seeking a conditional use permit and variance to construct a building -mounted wireless antenna facility and accessory structure. Title 12-1D-4 of the Code requires conditional use permit approval for wireless antennas and accessory structures. Title 12-1D-3(C)(2)(a)(2) of the Code limits residential properties of less than four acres to one accessory structure up to 144 square feet. BACKGROUND The subject parcel is approximately 2.7 acres and contains a multi -family residential condominium building. The parcel is zoned R-3 Multiple Family Residential and guided for high density residential development. The applicant is proposing a 15 -foot tall building -mounted wireless antenna facility on the west side of the roof and a 228 -square foot accessory structure south of the east parking lot. T -Mobile currently maintains a building -mounted wireless antenna facility on the east side of the roof and accessory structure south of the parking lot, which was approved by conditional use permit as part of Planning Case 2006-33. ANALYSIS Title 12-1D-4 of the Code contains regulations regarding wireless antennas, towers, and accessory structures and requires a conditional use permit in all zoning districts. The purpose of the Code section is to protect the public health, safety and general welfare of the community while accommodating the communication needs of residents and businesses, and is necessary to: 1. Avoid potential damage to adjacent properties and personal injury from tower collapse through structural standards and setback requirements. 2. Protect the aesthetic qualities of the community by requiring tower and antenna equipment to be screened from properties within viewing distance of the site and to be designed in a manner to blend in with the surroundings and complement existing structures. page 53 3. Maximize the use of existing and approved freestanding antenna towers, buildings, and existing light poles for new wireless telecommunication antennas. 4. Minimize the number of freestanding antenna towers needed to serve the community by utilizing collocation. 5. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city. The Code section also contains the following specific evaluation criteria for a conditional use permit application. Wireless Antenna Facility The proposed wireless antenna structure consists of three antennas with six RRH units mounted to 1 0 -foot tall tower on top of a 4'-8" foot tall elevator penthouse, including associated fiber cable trays. The following Code standards apply to the proposed project: Building Mounted Antennas: 1. Permitted Buildings: Antennas may only be mounted on institutional buildings (churches, schools, businesses, etc.) or multiple family dwellings two (2) stories or higher. Wireless telecommunications antennas are not permitted on attached or detached single-family homes or townhome dwellings. The proposed location is on top of a three-story multi -family residential dwelling structure. 2. Flush Mounting; Color: a. Building mounted antennas must be flush mounted to the sides of the building and painted the color of the building exterior unless the applicant can demonstrate to the council that protrusion above the roofline is necessary for communication effectiveness. Response from the applicant: The foliage (trees) is taller than the building so it's imperative to get above that obstacle. It's a short building on high ground, so it requires us to get a little higher to get over some of the trees and to compensate for the already short RAD Center. Overall, 40 feet is just enough to get over the trees with no excess height. b. In no case shall building mounted antennas or any attachment thereto be allowed to protrude more than fifteen feet (15) above the roofline of the building. The proposed wireless antenna structure will extend 15 feet above the roofline of the building and will be approximately 43 feet above ground. 3. Agreement To Mount On City Property: If both the applicant and the city consent to mounting the antennas on the city's water tower or other municipal building, a developer's agreement may be necessary at the discretion of the city in addition to a conditional use permit. Not applicable. Aesthetics: 1. Design: All freestanding antenna towers shall be of a monopole type design. The use of guyed towers is prohibited. Not applicable. page 54 2. Color: a. Those portions of all freestanding antenna towers and all antennas which protrude into the air shall be painted eggshell. The applicant is proposing to paint the proposed wireless antenna structure eggshell white, in compliance with the Code requirements. Staff recommends the applicant paint the proposed structure the same color as the existing roof -top structure, which is a dark brown that matches the brick of the condominium building (see attached photos). b. Those portions of all antennas that are flush mounted to the sides of buildings shall be painted to match the exterior of the building. The proposed wireless antenna structure is not flush -mounted. 3. Screening: All accessory buildings to all freestanding towers shall be screened from public view by a landscape plan according to the landscape standards of the appropriate zone and as described in subsection 12 -1D -13-2D1 of this article subject to council review. The proposed accessory structure will be located four feet west of the existing T -Mobile accessory structure, south of the east parking lot (see Sheet C-2). The area contains a mix of existing coniferous and shrub plantings that provide screening from the parking lot and ground -floor units. The applicant is proposing to plant three five-foot tall blue spruce evergreens to provide additional screening from the parking lot and building. Staff recommends that the applicant install additional plantings to completely screen the proposed accessory structure from the ground -floor condominium units. 4. Advertising: Advertising of any kind shall not be permitted on any freestanding antenna tower, antenna, or accessory structure. No advertising is proposed for the wireless antenna facility. 5. Lighting: Artificial lighting of any kind shall not be permitted on any freestanding antenna tower, antenna, or accessory structure unless such lighting is required by the FCC, the FAA, or another federal or state regulatory body. If such a requirement exists, only the minimum amount of lighting required shall be allowed. No lighting is proposed for the wireless antenna facility. 6. Prohibitions: Structures, functions, uses or activities that are not found by the city to be specifically necessary for the proper functioning of the antennas shall be prohibited on any antenna or tower without express permission from the city unless the city grants a waiver to this requirement. The applicant is required to comply with this requirement. Safety: 1. Report Of Compliance: For a freestanding antenna tower, the applicant must provide a report from a licensed qualified professional structural engineer certifying that the tower will meet or exceed current EIA/TIA-222-E standards including, but not limited to, standards for withstanding meteorological conditions such as high winds and radial ice. The applicant has submitted a structural analysis report that will be reviewed by a City -contracted structural engineer, at the applicant's cost, to verify compliance with the applicable standards as part of the building permit application. page 55 2. Compliance With Building And Electrical Codes: All antennas, freestanding antenna towers, and accessory structures shall conform to all building and electrical codes. Compliance with building and electrical codes will be reviewed as part of the building permit application. 3. Fencing: The applicant may be required by the council to erect a security fence around any freestanding antenna. No fencing is proposed for the wireless antenna facility. Accessory Structures For Antennas: 1. Location And General Requirements: Accessory buildings to antennas or freestanding antenna towers must lie completely within all applicable setbacks from all property lines and must otherwise conform to all requirements for accessory buildings within the description of the specific zone. Title 12 -1D -3(B) and (C) of the Code contain the following accessory structure standards for all residential districts: As shown in the table above, the proposed accessory structure meets the applicable setback and height requirements. However, as included in the application materials, a variance from the number and size standards for the R-3 District is required. 2. Architecture: a. Accessory structures and equipment buildings shall be designed to be architecturally compatible with any principal structures on the site or, in the absence of such structures, with their immediate surroundings in an aesthetically pleasing manner. b. Accessory structures shall be finished on all sides. c. The planning commission shall review and the council shall approve the design of any accessory structures and equipment buildings. The accessory structure is proposed to be constructed of fiber bond pre -fab concrete and painted to match the existing condominium building. Staff recommends the applicant construct the building with a brick exterior that matches the condominium building. Additional Requirements: 1. Abandoned Structures: a. Removal Required: Unused or obsolete freestanding antenna towers, antennas, structures or apparatus must be removed within six (6) months of when the operation ceases. b. Bond: A successful applicant shall provide an abandonment bond to the city equal to one and a half (11/2) times the current cost of removal and disposal of all antennas and accompanying apparatus as estimated by a consultant selected by the city and paid for by the applicant, which bond shall be used by the city to remove the antennas and apparatus should they become unused or obsolete and the applicant or its successors or assigns become disbarred or otherwise fail to remove said antennas and apparatus. The applicant is required to comply with these requirements. Standard Proposed Side and Rear Yard Setback (over 144 sq. ft.) 10 ft. 27 ft. (closest property line) Principal Building Setback 5 ft. 18 ft. (closest building edge) Structure Height 15 ft. 10 ft. Number of structures (4 acres or less) 1 1 (1 existing) Total size of structure (4 acres or less) 144 sq. ft. 228 sq. ft. (266 sq. ft. existing) As shown in the table above, the proposed accessory structure meets the applicable setback and height requirements. However, as included in the application materials, a variance from the number and size standards for the R-3 District is required. 2. Architecture: a. Accessory structures and equipment buildings shall be designed to be architecturally compatible with any principal structures on the site or, in the absence of such structures, with their immediate surroundings in an aesthetically pleasing manner. b. Accessory structures shall be finished on all sides. c. The planning commission shall review and the council shall approve the design of any accessory structures and equipment buildings. The accessory structure is proposed to be constructed of fiber bond pre -fab concrete and painted to match the existing condominium building. Staff recommends the applicant construct the building with a brick exterior that matches the condominium building. Additional Requirements: 1. Abandoned Structures: a. Removal Required: Unused or obsolete freestanding antenna towers, antennas, structures or apparatus must be removed within six (6) months of when the operation ceases. b. Bond: A successful applicant shall provide an abandonment bond to the city equal to one and a half (11/2) times the current cost of removal and disposal of all antennas and accompanying apparatus as estimated by a consultant selected by the city and paid for by the applicant, which bond shall be used by the city to remove the antennas and apparatus should they become unused or obsolete and the applicant or its successors or assigns become disbarred or otherwise fail to remove said antennas and apparatus. The applicant is required to comply with these requirements. page 56 2. Other Required Licenses: The applicant must submit proof of any applicable federal, state, or local licenses to the council prior to receiving a building permit. Compliance will be verified as part of the building permit application. 3. Interference With Public Safety Systems Prohibited: The applicant must agree in writing to support, participate in and refrain from interfering with public warning systems and public safety communications and other radio frequencies as may be regulated by the federal communications commission (FCC). The applicant has provided a letter, dated May 4, 2014, acknowledging this requirement. 4. Coverage/Interference And Capacity Analyses: The applicant shall demonstrate, by providing a coverage/interference analysis and capacity analysis, that the location and height of any freestanding antenna tower or antenna as proposed is necessary to meet the communication, frequency reuse and spacing needs of the communication services system, and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the towers in a less restrictive district or on an existing structure, freestanding antenna tower or antenna including such in neighboring municipalities. The applicant has provided information addressing this requirement as part of the coverage, quality, and capacity maps. 5. Compliance With FCC Regulations; Noninterference Required: All new or existing telecommunications service and equipment shall meet or exceed all federal communications commission (FCC) standards and regulations and shall not interfere with any other communications, computers, laboratory equipment or manufacturing equipment, including television and other home electronics. The applicant shall provide to the city a report from a qualified professional engineer guaranteeing noninterference and a copy of the FCC approval of the antenna in regard to noninterference. The applicant has provided a letter, dated May 4, 2014, acknowledging this requirement. 6. Environmental Impact Statement: In the event that the FCC or other agency or other governmental body having jurisdiction requires the applicant to submit an environmental impact statement or similar document, a copy of this document shall be submitted to the city. Not applicable. 7. Nonconformances: Existing nonconforming freestanding antenna towers, antennas, or accessory structures shall be allowed to continue operation unless use of the freestanding antenna tower, antenna, or accessory structure for its intended purpose ceases for a continuous period of six (6) months, in which case, resumption of use shall require a reapplication for a conditional use permit. The applicant is required to comply with this regulation. 8. Area Map: All applications for either a freestanding antenna, a freestanding antenna tower, or a building mounted antenna shall be accompanied by a map of all existing towers and antennas of the same provider within a two (2) mile radius of the proposed site and all future planned antennas of the same provider for the next five (5) years within a two (2) mile radius of the proposed site. The applicant has provided information addressing this requirement as part of the coverage, quality, and capacity maps. page 57 9. Costs To Applicant: All costs of an application, including, but not limited to, those incurred by city staff time and resources, engineering studies by consultants, and other data as may be required by the city staff the planning commission or the city council shall be borne in full by the applicant. The applicant is required to comply with this regulation. 10. Variances: The council may at its discretion waive any or all of the requirements of this section in order to approve a unique "stealth" or "camouflage" design of freestanding antennas or poles or building mounted antennas if, in the opinion of the council, said apparatus will be sufficiently disguised as trees, light poles, church steeples, or other similar objects. Not applicable. 11. Prohibitions: Use of mobile cell/PCS sites or COWs (cell sites on wheels), or any other temporary antenna apparatus is strictly prohibited except in the case of emergency equipment used for public safety purposes for a limited time during or in the immediate aftermath of a natural disaster or other emergency. (Ord. 429, 8-3-2010) The applicant is required to comply with this regulation. Variance Request As noted, a variance from the number and size standards for an accessory structure in the R-3 District is required as part of the proposed project. When considering a variance for the proposed accessory structure, the City is required to find that: 1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive plan and the applicant proposes to use the property in a reasonable manner. The use of the property for an accessory structure as part of a building -mounted wireless antenna facility is permitted by conditional use permit in the R-3 Zoning District and there is another structure already located on the property. The applicant's desire to construct such a facility, including the accessory structure, is a reasonable use of the property and meets the purpose and intent of the ordinance and comprehensive plan. 2. The applicant establishes there are practical difficulties with complying with the ordinance due to circumstances that are unique to the property which are not created by the applicant or based on economic considerations. The use of the property for another accessory structure is necessary to house the proposed wireless antenna facility's equipment. Applying the existing number and size standards for accessory structures in the R-3 District creates a practical difficulty in locating another wireless antenna facility on the property. 3. The request will not alter the essential character of the locality. Another carrier currently maintains a building -mounted wireless antenna facility and accessory structure on the property. The proposed facility would be similar in height and requires an additional accessory structure located in the same general area as the existing accessory structure. The structures are located in the rear of the property and will be screened from the parking lot, ground -floor condominium units, and surrounding properties. The applicant is proposing to construct the accessory structure with similar colors to the condominium building. page 58 STAFF RECOMMENDATION Staff recommends approval of the conditional use permit to construct a building -mounted wireless antenna facility and variance request for construction of an accessory structure to exceed the number and size standards for the R-3 District, with the following conditions: 1. A building permit must be obtained prior to construction and installation of the wireless antenna facility. 2. The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined in the Staff report. 3. The applicant shall enter into an agreement with the Ridge South Condominium Association and provide a copy to the City. 4. The proposed wireless antenna structure is painted to match the existing roof -top structure and the condominium building's brick exterior. 5. The proposed accessory structure is constructed with a brick exterior that matches the condominium building. ACTION REQUESTED Following a public hearing, the Planning Commission may consider the following actions: 1. Recommend approval of the conditional use permit to construct a building -mounted wireless antenna facility and the variance request for construction of an accessory structure to exceed the number and size standards, based on the attached findings of fact. OR 2. Recommend denial of the conditional use permit to construct a building -mounted wireless antenna facility and the variance request for construction of an accessory structure to exceed the number and size standards, based on the findings of fact that the proposed project does not meet the Code requirements and an additional site may be found that does not require a variance for the accessory structure. OR 3. Table the request. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Conditional Use Permit and Variance Application, including supporting materials 3. Site photos page 59 FINDINGS OF FACT FOR APPROVAL Conditional Use Permit Request for Building -mounted Wireless Antenna Facility and Variance Request for Accessory Structure 1860 Eagle Ridge Drive The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed project is consistent with the conditional use permit requirements allowing such facilities. 2. The proposed project will not negatively affect the public health, safety and general welfare of the community. 3. Installing a new wireless antenna facility on an existing structure is a preferred means of co -location. 4. The proposed accessory structure is necessary to securely contain the wireless antenna facility's equipment. 5. The proposed accessory structure meets the applicable setback and height requirements, will be screened from the parking lot, ground -floor units, and surrounding properties and be constructed to match the condominium building. page 60 PLANNING CASE 2014-16 Source: Staff Figure 1: Existing Wireless Antenna Structure (from the north) • • • .,•-•,•s ., g14.21'1"...17,21,1,-- '., --•,,A7.• - ..-• _.....,;.... ..- .." , , '.': . ...-Nr.j, 7. -.. r•P''' 1, •"*. •-' ,v. .• • • -, • - --1_: .,.. di wi . . -'-.• • - ._ Figure 2: Existing Wireless Antenna Structure (roof -top) page 61 Figure 3: Existing Accessory Structure (from east parking lot) Figure 4: Proposed Accessory Structure Location (from east parking lot) page 62 Figure 5: Proposed Accessory Structure Location (from ground -floor) Figure 6: Proposed Wireless Antenna Structure Location (from the north) Planning Case 2014-16 1860 Eagle Ridge Drive Date: 5/20/2014 0 90 SCALE IN FEET page 63 City of Mendota Heights 9e • 4%' 18¢15cciani \1849 ss -11'j, `11 . � � \ • � 18,51 x;.1859. N ( 18551=1\ * 1 I' \ 18531 3,zb i \ i /, 1900'%\,,0, Oct ‘ \`06' 1'300 �,� ,c ��, OQ;i \ ' ';0/i1900'�,. /* 1' \ 1900 •< D''' GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 64 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1B50 phone 1 651.452.8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Office Use Only: Case#: 7", 1`( - 1 6 Fee Paid: v Application. Date: Sl ? ! Y Staff Initials: Applicable Ordinance #: ( r O Section: ! Y Existing Zoning: ri. - 3 Proposed Zoning: (L 3 Existing Use: r lic i /0 mai-d'i 1 Proposed Use: ✓ t Property Address/Street Location: 1860 Eagle Ridge Drive, Mendota Heights, MN 55118 Applicant Name: SAC Wireless for AT&T Phone: 612-226-6470 Applicant E -Mail Address: Christopher.Rohr@sacw.com Applicant Mailing Address:4300 Market Point Drive, Bloomington, MN 55435 Property Owner Name: Eagle Ridge Condo Assn phone: 651-470-8575 Property Owner Mailing Address: 1860 Eagle Ridge Drive, Mendota Heights, MN 55118 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) 27-22451-01-06 Thru 061 CIC #9 The Ridge South Condominium Apartment Type of Request: LI Rezoning Variance LI Subdivision Approval LI Code Amendment Conditional Use Permit LI Wetlands Permit LI Critical Area Permit LI Lot Split LI Conditional Use Permit for PUD LI Preliminary/Final Plat Approval LI Comprehensive Plan Amendment LI Other I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. __ A �i fiv,Arr /g 4r % ! ,4 5/71/41 ture of Applicant Dat Signature of Owner 5-7'i`% Date Signature of Owner (if more than one) Date Planning Application (modified 1/28/2014) Page 1 of 1 CITY OF MENDOTA HEIGHTS. page 65 1101 Victoria Curve. I Mendota Heights, MN 55118 6514521850 phone 1 651A52.8940 fax www,mendota-heights.com CONDITIONAL USE PERMIT REQUEST Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City's website or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Office Use Only. Applicant: Address: I 06 a' 4.4s it - i0 APPLICATION REQUIREMENTS: • Dated original of all the materials checked must be submitted by the end of the business day the Monday before the first Tuesday of the month. • If all original materials are 11 x 17 or smaller — only submit originals. • If materials are larger than 11 x 17, please provide 24 copies, folded to 8 1/2x 11. • Any drawing in color— must submit 24 copies. The following materials must be submitted for the application to be considered complete: ,Er Fee, as included in Fee Schedule (check payable to City of Mendota Heights) NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required for you to complete your project. ed Completed Application Form (only original needs to be submitted). ,E' Sketch plan showing all pertinent dimensions, and including the location of any easements having an influence upon the variance request. zr Letter of Intent. Site Development Plan, including: ,Er Location of all buildings, including existing and proposed. 0 Location of all adjacent buildings located within 350' of the exterior boundaries of the property in question. ❑ Floor area ratio. ❑ Location and number of existing and proposed parking spaces. ❑ Vehicular circulation. -�1 Architectural elevations (type and materials used on all external surfaces). ❑ Sewer and water alignment, existing and proposed. ❑ Location and candle power of all luminaries. Location of all existing easements. Conditional Use Permit Request (modified 12/6/2013) Page 1 of 2 page 66 Dimension Plan, including: eEr Lot dimensions and area. r Dimensions of proposed and existing structures. tea" "Typical" floor plan and "typical" room plan. Setbacks on all structures existing or proposed on property in question. ,E' Proposed setbacks. Grading Plan, including: ❑ Existing contour. ❑ Proposed grading elevations. ❑ Drainage configuration. ❑ Storm sewer catch basins and invert elevations. ❑ Spot elevations. ❑ Proposed road profile. Landscape Plan, including: ,a Location of all existing trees, type, diameter and which trees will be removed. rEi Location, type and diameter of all proposed plantings. ,a" Location and material used of all screening devices. NOTES: Conditional Use Permit Request (modified 12/6/2013) Page 2 of 2 CITY OF MENDOTA HEIGHTS page 67 1101 Victoria Curve, 1 Mendota Heights, MN 55118 651,152.1850 phone 1 651.452.8940 fax www,men dote-heights.cam VARIANCE CHECKLIST/QUESTIONNAIRE Applications will be scheduled for consideration by the Planning Commission and/or City Council only after all required materials have been submitted. Application submittal deadlines are available on the City's website or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. ....... _.............. _.._........... Office Use Only: Case #: 2, ►1 App lIca n Address: 1860 Eag Le - rt -47,4 A variance is a request to vary from the City of Mendota Heights zoning standards. Under Minnesota State Law, variances shall only be permitted when they are in harmony with the general purposes and intent of the zoning code and when consistent with the comprehensive plan. Variances may be granted when the applicant establishes that there are practical difficulties in complying with the zoning standards. "Practical difficulties," in regards to variance requests, has three parts: (1) the proposed use of the property is a reasonable; (2) unique circumstances exist on the property which are not created by the landowner; and (3) the variance, if granted, will not alter the essential character of the neighborhood. Please consider these requirements carefully before requesting a variance. APPLICATION REQUIREMENTS: • Dated original of all the materials checked must be submitted by the end of the business day the Monday before the first Tuesday of the month. • If all original materials are 11 x 17 or smaller — only submit originals. • If materials are larger than 11 x 17, please provide 24 copies, folded to 8 1/2 x 11. • Any drawing in color — must submit 24 copies. The following materials must be submitted for the application to be considered complete: )2"' Fee, as included in Fee Schedule (check payable to City of Mendota Heights) NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required for you to complete your project. . ( Completed Application Form (only original needs to be submitted). ,J Sketch plan showing all pertinent dimensions, and including the location of any easements having an influence upon the variance request. Letter of Intent. Please complete the attached questions regarding your request. Variance Checklist/Questionnaire (modified 12/6/2013) Page 1 of 3 page 68 Eagle Ridge - 12734889 - Variance Checklist Questionnaire 1. In your opinion, does the proposal put the property to use in a reasonable manner? Yes or No, Why or Why not. Yes. This building is currently being used as a Wireless Telecommunication Service Facility for another carrier. Installing new wireless telecommunication equipment on an existing structure is a preferred means of co -location in most jurisdictions. The variance is to allow the additional accessory structure on the same property at a slightly larger size. The size of the pre -fabricated equipment shelter is necessary to safely house the support equipment for the roof top antennas. 2. Please describe the circumstances unique to the property (not created by you). Under the existing City Code requirements, properties under 4 acres are limited to one accessory structure not to exceed 144 square feet. We are seeking relief from this requirement for permission to add an additional 228 square foot shelter adjacent to the existing equipment used by the existing carrier. 3. In your opinion, will the variance, if granted, fit with the character of the neighborhood? Yes or No, Why or Why not Yes. Under the existing City Code requirements, the proposed equipment shelter must be architecturally compatible with the principal structure. We are working closely with City Staff to ensure that this guideline will be met. - J 9S a a a •• ASF • qv r i P W ^ " jos ', o ° ° �y'iy ° -- tom\, '3 ds H in • as o a S u ZN. T. a 50 LLQ m O ac �:. A�O dm ea e. �J d° r � t c - p. Engineering Architecture Surveying Environmental WIDSETH 111 SMITH NOLITING 0494A0e49 001 pw �z �o �v / °zE°"a 0 031 .P .'jam _____ 5A / d o a m o a ryy ° w No. Date REVISIONS By FIELD WORK'. 9/3/13 1 CHECKED BY: BTB 1 DRAWN BY: JM 63 L. w Wo /N "".", , ova e'COw dao 3d�o��;/.QS 3 m .Il^ oa�jv�° `.�3' E a°' `�"e 1Pu:: e _ o \ 1 w�a `. 'rn,' ,� 0 ,-.t --6. Rte,'. 1.. \ 2 _ e �Is _ ..0 * a`� Na/at _, °° w �c sO - 0- - - c_ / ___-_ - - as aw � Li -- _ o z�S• a o. - ° sF• air '°� m°o = 1b '�/y° 7 %,b',S zzzzzzz oo ooaow Wit® .22 Z w V w z �8Z� w w LL LL ow a W m rc o� �z �¢��w w m w w z rc a J X tt w o w w w w w o f z i a L a k T, SITE NAME:EAGLE RIDGE SITE NUMBER: MPLSMNU3256 1860 Eagle Rldge Dtive Mendota Heights, MN 55118 -\ •z, ' L, waW o,- {H 22 b i Cr) -', • 2 '£a coo r r r. r m r .--, at&t 4300 MARKET N 54 'IRELESS 3INEERING GROUP WOODFIELD ROAD IRE 300 EAST 1MBURG, IL 60173 ®WESTCHESTER SERVICES LLC 004 FOX GLEN BARRINGTON, IL 60010 TELEPHONE: 847-277-0070 FAX : 847-277-0080 AEOwestchesterse rvices.co m JOHN M. BANKS ARCHITECT 604 FOX GLEN BARRINGTON, IL 60010 TELEPHONE: 047-277-0070 FAX : 847-277-0080 r LWOLORD/P0oPERTY OWNER SONAIURI -3 - 0 tq` ozw€ -1,131.10000 SRL 113171. 01 .1.11,1V 7.11041MON mown r *S. WOM. .1311 ssmorn f A 30 NOILYION Y R E E pROJFCT LOCATION• EAGLE RIDGE MPLSMNU3256 1860 EAGLE RIDGE DR IDOTA HEIGHTS, MN 55111 DRAWING DESCRIPTION COVER DRAWING NUMBDR TITLE PAGE ,hAw X a s ENGINEERING 2012 INTERNATIONAL BUILDING CODE 2011 NATIONAL ELECTRICAL CODE TIA/EIA-222—F z 0 SHEET TITLE TITLE PAGE OVERALL SITE PLAN ENLARGED SITE PLAN SHELTER PLAN SHELTER DETAILS SHELTER FOUNDATION SITE DETAILS SITE DETAILS CABLE HOUSING DETAILS SIGNAGE DETAILS SPECIAL INSPECTIONS CIVIL SECTIONS NOTES CIVIL SECTION NOTES TOWER ELEVATION ANTENNA CONFIGURATION ANTENNA MOUNTING 8 RRH MOUNTING REQUIREMENTS ANTENNA 8 CABLE REQUIREMENTS COAX COLOR CODING TOWER EQUIPMENT DETAILS SYSTEM DIAGRAM SPECIAL INSPECTIONS TOWER SECTION NOTES ELECTRICAL PLAN ELECTRICAL SHELTER PLAN ELECTRICAL DETAILS DC CIRCUIT DIAGRAM TELCO INTERFACE ELECTRICAL AC ONE -LINE DIAGRAM COAX & JUMPER COLOR CHART GROUNDING SITE PLAN GROUNDING SHELTER PLAN ANTENNA GROUNDING PLAN GROUNDING DETAILS GROUNDING DETAILS GROUNDING DETAILS GROUNDING DETAILS ELECTRICAL SECTION NOTES LOAD CENTER SCHEDULE GENERAL NOTES GENERAL CONCRETE WORK NOTES STRUCTURAL DETAILS RF DATA SHEET ITO BE INSERTED AT SUBMITTAL KEEP THIS PLACE HOLDER) THESE DRAWINGS ARE BASED ON RFDS DATED 04/17/14 11"X17 PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED TO OBTAIN LOCATION OF PARTICIPANTS UNDERGROUND FACILITIES BEFORE YOU DIG IN MINNESOTA, CALL GOPHER STATE ONE CALL Irl r� N. FAFAX AFREE A 1-800-25201166-80036-96 R7 FAX A RE266967 Kum 1.3114 IMRE WY — THESE PLANS ADHERE TO ALL OF THE REQUIREMENTS CALLED OUT IN THE JURISDICTION PLANNING AND ZONING FOR ANTENNAS AND SUPPORT STRUCTURES WHERE SITE 15 LOCATED. — SUBCONTRACTOR SHALL VERIFY ALL PLANS AND EXISTING CONDITIONS ON 5TIE. IMMEDIATELY NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO PERFORMING ANY WORK OR BE RESPONISBLE FOR THE SAME. SHEET NO: COVER tiv3uc“?ivci ci ci ''c+p r� 'Ir ��r72 2 w wwww ww www'...,e,,,:',„:',/6° wz � ww a& "AO JCB IS S0 IMPORTANT. AND NO SERVICE IS S0 URGENT -THAT MB CANNOT TABS TIME TO PERFORM OUR MORE sAFBLT" PROJECT: NSB-COLOCATE AT&T SITE ID: MPLSMNU3256 AT&T FA#: 12734889 PTN#: 3511607112 EAGLE RIDGE 1860 EAGLE RIDGE DR MENDOTA HEIGHTS, MN 55118 PROJECT INFORMATION VICINITY MAP 1 LOCAL MAP '7: o.aes M, ,�' 4 u',, ;� $ „, 11 {{ vb "°° „ Q q ArtmR�. m. NO SCALE DRIVING DIRECTIONS • DIRECTIONS FROM 4300 MARKET POINTE DRIVE: HEAD EAST ON MARKET POINTE DR TOWARD JOHNSON AVE S FOR APPROX. 387 FEET. TAKE THE 1ST LEFT ONTO JOHNSON AVE S FOR APPROX. 95 FEET. TAKE THE 1ST RIGHT ONTO MINNESOTA DR FOR APPROX. 0.2 MILES. SUGHT RIGHT TO MERGE ONTO 1-494 E FOR APPROX. 0.3 MILES. MERGE ONTO 1-494 E FOR APPROX. 5.4 MILES. TAKE EXIT 1A TO MERGE ONTO MN -5 EXIT TOWARD MINNEAPOLLS FORT SNELLING/HASTINGS FOR APPROX. 0.4 MILES. KEEP RIGHT AT THE FORK. FOLLOW SONS FOR MN -55 E/MENDOTA BRIDGE AND MERGE ONTO MN -55 E/MINNESOTA STATE HWY 55 E FOR APPROX. 1.2 MILES. KEEP LEFT TO CONTINUE ON MN -110 E, FOLLOW SONS FOR MINNESOTA 13 N/MINNESOTA 110 FOR APPROX. 1.1 MILES. TURN LEFT ONTO LEXINGTON AVE 5 FOR APPROX. 384 FEET. TURN RIGHT ONTO VICTORIA RD 5 FOR APPROX. 0.7 MILES. TURN RIGHT ONTO EAGLE RIDGE DR FOR APPROX. 489 FEET. SITE LOCATION WILL BE ON THE SOUTH SIDE OF THE STREET. 0',„,..,,a,,‘ - ,I _ J .. • nM e ` \ ``�; .: .b a 11 Y,6 h .) ;v4 2. 1w , PROJECT INFORMATION n � o o � Z ¢m3 Kmfa/1 or o� 9= 9.2 1:4 2 r F no % m'II 8 p s .� z 3 m 62._-. �ZNrc3 3pm��zN p2f~/1 prc; h¢°�1 o p w 2 ym N g Ao � rc owp 0 o 1o uz 3a �o �',-di oo 1 '.1'< zz .22 2 2 z o p y N .q < p 6 PROJECT MANAGER JANICE DELINS PROJECT MANAGER AT&T MOBILITY 4300 MARKET POINTE DR BLOOMINGTON. MN 55435 DESK: (952) 656-9309 CELL: (952) 258-3192 EMAIL jd7992@Ott.com coo ` at&t 4300 MARKET POINTE ERNE BLOOMINGTON. MN 55435 TIRELESS DINEERING GROUP 0. WOODFIELD ROAD LTTE 300 EAST JMBURG, IL 60173 ©WESTCHESTER SERVICES LLC 604 FOX GLEN BARRINGTON, IL 60010 TELEPHONE: 647-277-0070 FAX : B47-277-0080 AE®westchesterservices.cam JOHN M. BANKS ARCHITECT 604 FOX GLEN BARRINGTON, IL 60010 TELEPHONE: 847-277-0070 FAX : 847-277-0080 LANDLORD/PROPERTY OWNER 56NATURI E - ■ &m$K L2 k6SE - kE2@ |//\ i \ h K ' q| |' |,| \A M E Hi PROJFCT LOCATION• EAGLE RIDGE MPLSMNU3256 1860 EAGLE RIDGE DR IDOTA HEIGHTS, MN 5511! DRAW1NG DESCRIPTION OVERALL SITE PLANS §\q2 §;! m§ !!! _2@# ■;, ■ - 1/4 ; , (_;§ \/° 9\\ ,&j 0 - hxR (oX gE �Er- L _| | ; E.L. --/({§ 1r;,1 ,�. § \\xxx / \§ 1 J= )§ ) kf )§))!!!■ 62a/6/§ [a: | § r }} ! H5NOl §\||t§§ § §{ \;§ ! 2 |�� ��� &m: c» ` x F n ,. \\5500n" g/ §§§ § F. _� .. WOOD FENCE ❑ 9 CHAINLINK FENCE - x - X - x - LEA5E AREA 9?h PROPOSED ICE BRIDGE T;�J��� EXISTING ICE BRIDGE DO000, ,OpOQO n n rr66 FN' n n �T. § \� EXISTING i. MOBILE OUTDOORla ' J/y) EQUIPMENT AN0 FENCED AREA I` `�.�� 11./1) REMOVE EXISTING SHRUBS AND L��OI� � \ � � F / / TREES. SEE SHEET C-2 PROPOSED AT&T BRDADBAND ` TOWER ON ELEVATOR fP PROPOSED 11'-5'%20'-0' AT&T PENTHOUSE WITH PROPOSED d4. �~`....' , XX� EQUIPMENT SHELTER /AT&T ANTENNAS ON PROPOSED AT&T ANTENNA MOUNT. SEE ~"` PROPOSED 25'-0X30'-0^ AT&T MEET S-1 FOR DETAILS zitW / / / LEASE AREA F, �\ /� / TRENCH 6 NEW 6' CONDOR0.S ,'FROM NEW EQUIPMENT SHELTER •TO EKIS1ING BUILDING �y�j° Y.+• yPROPOSED CABLE TRAY RUN UP. "pJia� THE S1DE OF EXISTING, BUILDING, E%ISTI95 WALKWAY `l /& (3) NEW AT&T 6' PVC CONDORS '-IXISTNO HAVC AA / 40' W/(3) NEW FIBER CABLES PND TO REMAIN (6) NEW DC POWER CABLES RUN ACROSS ROOFTOP TO NEW AT&T / EXISTING CARRIER ANTENNAS ANTENNAS. (SEE DETAIL: #8/T-6) / AND ANTENNA MOUNT • / EXISTING POOL AREA N / ••. 1' / / E%151190 / .WOODED PRE4 ♦` �4 64 /:) army 9.40- T 4•+_. _. PROPERtt DNE `.,. • OVERALL SITE PLAN 0' 1. CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS. 2. CONTRACTOR SHALL MAINTAIN A 10'-0' MINIMUM SEPARATION BETWEEN THE PROPOSED LTE GPS ANTENNA AND TRPNSMIETNG ANTENNAS. 3. PROPERTY LINES ARE APPROXIMATIONS ONLY. 4. ANTENNAS k MOUNTS OMITTED FOR CLR2TY. 5. FOR FIBER TRUNK REF AT&T LTE GU10E UNES REV. 1.9 PAGE 13 TABLE 2.1.2. N. FoR OC POWER CABLE TRUNK REF AT&T LTE GUIDE UNES REV 1.9 PAGE 14 TABLE 2.1.3 $ z ; § %§ ( -)»v (/�<% q h § , \ `: /\§ �] 4»- " I 0® ;,,,`..-4771„ k X0 ' jit, a. d wr »+f / _____ %r ... �______ / � c co r r r . m at&t 4300 MARKET POINTE DRIVE BLOOMINGTON, MN 55435 J TIRELESS SINEERINGGROUP E. WOODFIELD ROAD JITE 300 EAST JMBURG, IL 60173 ©WESTCHESTER SERVICES LLC 604 FOX GLEN BARRINGTON, IL 60010 TELEPHONE: 847-277-0070 FAX : 847-277-0080 AE®westch esterservices.com JOHN M. BANKS ARCHITECT 604 FOX GLEN BARRINGTON, IL 60010 TELEPHONE 847-277-0070 FAX 847-277-0080 z .. WXffi M MOUTON NTOWEER THMP E MELT Or A OSI® PROFIESSEN4TO pop, Iva acworr. AROIR.1. ee RFV I OM I OexTEPOOM PROJFCT IOCATION•, EAGLE RIDGE MPLSMNU3256 1860 EAGLE RIDGE DR MENDOTA HEIGHTS, MN 55111 DRAWING DESCRIPTION ENLARGED SITE PLAN ., . r _ 9 yyo V V du n in ?P'.! Fl F4-3 i x Pwo Sot ed �s� n 45: it. <�- €" -W< X60 �_ 2. %' %' \ o a L� w ! x <� �< a ` n� 2 3 H 'W F,> mom m eism 1 CONIFEROUS TREE NO SCALE 2 PLANTING DETAIL • I�I� o�3rca ENLARGED SITE PLAN ® 1 -=1D' -o• 1 • eelE goV /�/� .2 EL, \ \\ ng N �.rc / \ m ,iVW� Z W� ' iyCl `Qlf/ "' � y o o e0 m I� 2 la ad W \ •be V N V V ati E < g �¢ s z amps 01 2 2 enP d o ,5.d\ \pm at NO. COMMON NAME HOTANITAL NAME PLANTING SIZE PICEA PUNGENS 3 BLUE SPRUCE 8'-6• KOSTER' o qo • a FSm 8 F z •`� �� a \ 1 gg ��o e041 "('N‘ orb ri% "0b a ••� 11111 �� / 1111 , „l ,111 ....l5%,. i`,V �V -�/// �,1,:� y.� \\ v v % • _•.v / /;'� /. o 2 •, //, /// // /// // N....„..„ 3 a \ 1►; 4\ _" `\+ yr' //^\� �� �/ o o<,� ``\ ,o i \ di y •1g4a�bCI� o \ 1111\ K \\\ z° 4.\\\\ \ G o o` 7,7,46. ` AvvAv ` /' 0 `\\\\\\ \ /,/ /' to a IS°,' \ \\\\\\ `/// n�a''`.444,,,`,(i> \ \\\\ �,\ l' �gi504 �'.. , w �o .w, ��5'ii \ 6m "� 4 /Iz..-40.0.4i; , ' 3' r ` I I,., r m, r 411110 at&t 4300 MARKET POINTE DRIVE BLOOMINGTON, MN 55435 TIRELESS SNEERINGGROUP :. WOODFIELD ROAD JITE 300 EAST IMBURG, IL 60173 ©WESTCHESTER SERVICES LLC 604 FOX GLEN BARRINGTON, IL 60010 TELEPHONE: 847-277-0070 FAX : 847-277-0080 AE®westchesterservi ces.com JOHN M. BANKS ARCHITECT 604 FOX GLEN BARRINGTON, IL 60010 TELEPHONE: 847-277-0070 FAX 847-277-0080 LANDLORD/PROPERTY OWNER SIGNATURI _o ds di!'„, ,o g,wRi gg6gu. a is • € lig a R t , r 11' PROJECT LOCATION: EAGLE RIDGE MPLSMNU3256 1860 EAGLE RIDGE DR IDOTA HEIGHTS, MN 55111 DRAWING DESCRIPTION SHELTER DETAILS a 9a 8„ -W ams '41 81 :N. a3 10 EP N 0 z 0' 1' 5' ELEVATION LEFT ® 1•=5'-0• 2 ,o ": o — „0 -,OL „0-,01. — „s—,o „9-,0 r S.il l'111111111111111111 ,Il 1111,11111111 O 1 mQei 5s o ' O 1 - N J ozm6 ,I;I iiii1llll 'iii 1111 s a L - 1,11111, III, --— Zi _9 . C> E 4)1 • g ELEVATION FRONT 0 1' 5® 1•=5'-o• 1 -.-_ ELEVATION BACK 0' 1' 5' 1-=5'-o• 3 `s 1Ililllllllllllllllllllllll Illllllllllllllllllpl it I- 0000 0000/ 0000 0000 i GROUND CONDUCTOR �\ ENTRIES (TVP. OF e) 0 1 o N ®j . 11 0 I o 0000 0000 0000 0000 0000 00000 0000 000 • _ , ��� _ ,,, .1111111111111111111,111111 111111111111111111UIV111 _, .0-.01. �--' „0 -,OL r r L. m r at&t 4300 MARKET POINTE DRIVE BLOOMINGTON, MN 55435 FIRELESS TINEERING GROUP WOODFIELD ROAD JITE 3D0 EAST JMBURG, IL 60173 ©WESTCHESTER SERVICES LLC 604 FOX GLEN BARRINGTON. IL 60010 TELEPHONE: 847-277-0070 FAX 847-277-0080 AE®westchesterservices.cam JOHN M. BANKS ARCHITECT 604 FOX GLEN BARRINGTON. IL 60010 TELEPHONE: 847-277-0070 FAX : 847-277-0080 LWDIORD/PROPERTY OWNER SIGNATURI 3 EAGLE RIDGE MPLSMNU3256 1860 EAGLE RIDGE DR IDOTA HEIGHTS, MN 5511 DRAWING DESCRIPTION TOWER ELEVATION 1:5Q ii , 5 - i be " a a 1 B h pon� Z< , 0 ag NVWi�v„vf: Go cE 2- gga3g goo _ oo„�j ei o Aclil Si 3 ,, YY 2��_ F §� go War 'eu 11 z 3na? B�gs�e 1::;:; e'.. i 60-aq STRUCTURAL NOTE EXISTING BUILDING (TOWER) ELEVATION I 0' s' 1D• 15' 2s•/^=25' -o^ I 1 PROPOSED TOWER 0' S' 10' 15' 25' ELEVATION ® i'=25'-0• 2 m iw Az n— 9 gZWN a w o G� gri,,f, ..¢mz a 2m z' A1. 8 w ,b _ ��^ g� o z LL5,2 a�`° 1„ao g 1.g. Nl ”' '1m ;Et o�w q 9 < 2 8'', m so, -6< o c R 5 N g 2a' a„ �,w 39 6=� . 2, Aitlik y I u� ='o N; \Q Q (A ( ( r( ( g s z ogo' ( El 4 El El ( ( ( 14 (— 'NoN on = E nyJ ":":1802 1802 oma” ( ( L. J E _ J _ a s! ani 8 ,I 1 I H 1. 1 ANTENNAS TO BE GSHELL WHITE ONIOl109 ONI1S03 JO d01 01 .0-,1E 22 O ,1 1Yul H H� O O ~ a 3S00H1N3d 001VA313 0 '3 ONdOl ONUS. JO d01 01 .0-,ZC{ .0- AO d01 01 .0-,0Zi 3S110411434 00100113 50003110 1A1V MON d0 1'0 01 .0-,00F 000N31N0 1010 M31,1 30 401 01 .0-,000 0N05103 J0 401 01 .0-,ZCO co o. . 6 . at&t 4300 MARKET POINTE DRIVE BLOOMINGTON, MN 55435 ' I RELESS r..C.iiJ 6NEERING GROUP :. WOODFIELD ROAD 11TE 300 EAST IMBURO, IL 60173 YkIWESTCHESTER WW SERVICES LLC 604 FOX GLEN BARRINGTON, IL 60010 TELEPHONE 847-277-0070 FAX : 847-277-0080 AE®we stche sterse rvices.co m JOHN M. BANKS ARCHITECT 604 FDX GLEN BARRINGTON, IL 60010 TELEPHONE: 847-277-0070 FAX : 847-277-0080 'LANDLORD/PROPERTY OWNER SIGNAINRI - 9 §! /%k 2 :( X At \ saeB /pR § A pi |' . 11 .�\| |§| | PROJECT LOCATION. EAGLE RIDGE MPLSMNU3256 1860 EAGLE RIDGE DR IDOTA HEIGHTS, MN 5511' DRAWING DFSCRIPTION ANTENNA CONFIGURATION N J d/\® 1 N` k| ,� K/A| | , ƒ _\/1 §g- Eeg §§|/ \ §7(lga S. § g /!®! §/ �"a.)!|; ,.,„,,. [ A2 r ( §51W,T= 2Z , ■�� , ..-. n2!! !! i2 3E13' W ^ } (§gVil,ith ql § §/\\\AAL6:E c2 ) \\ \\ \)/ 1 g\ ==__,� THESE DRAWINGS HAVE BEEN CREATED BASED ON THE ASSUMPTION THE STRUCTURAL ANALYSIS WILL SNOW THAT 114E TOWER WAS SUFFICIENT CAPACITY TO SUPPORT THE PROPOSED NEW LOADS. INSTALLATION OF THE COAX AND ANTENNAS SHALL COMMENCE AFTER A PASSING STRUCTURAL ANALYSIS HAS SEEN RECENED BY THE OWNER OR AT&T HAS RENEWED AND APPROVED A STRUCTURAL ANALYSIS BY 114E DESIGN ENGINEER. NOTES: 1. RAYCAP DC6-48-50-18-8F SURGE SUPPRESSOR WILL ROUTE FIBER <)£ ,,y TO ALL TOWER MOUNTED RRH'S AND POWER TO ALPHA SECTOR AND �0 BETA SECTOR RRH'S `/� 2. RAYCAP DC -48-60-0-8F SURGE SUPPRESSOR WILL ROUTE POWER p J�Sy �O? TO GAMMA SECTOR. 11 / —�` \ (2) PROPOSED UMTS RRH MOUNTE�•� �•/, �\� (TIP. OFF 3NS SECTORS) ANTENNA LAYOUT PLAN 2'® 1/4^=1'-0` 1 NOT USED No WALE 2 nj 6 }{ 4,- '�� IA HP , }( 91 6 ngj\ at&t 4300 MARKET POINTE DRIVE BLOOMINGTON, MN 55435 TIRELESS OINEEWNG GR00P 1. W00DFIELD ROAD 111E 300 EAST 114BDRG, IL 00173 `�WESTCHESTER ■ SERVICES LLC 604 FOX GLEN BARRINGTON, IL 60010 TELEPHONE: 847-277-0070 FAX 847-277-0080 AEOwestch este rservices.ccm JOHN M. BANKS ARCHITECT 604 FOX GLEN BARRINGTON, IL 60010 TELEPHONE: 847-277-0070 FAX : 847-277-0080 LWOLORD/PROPERTY OWNER 610881UR1 .:o to Ewn a 4P 1 6 @.Y I OWE I DTA' PSI PROJECT LOCATION: EAGLE RIDGE MPLSMNU3256 1860 EAGLE RIDGE DR NENDOTA HEIGHTS, MN 55111 DRAWING DFSCRIP110N TOWER EQUIPMENT DETAILS fn o mom L 4 b !!! - t __ .a 5 60' BENT PLATE DETAIL ND SME I 4 wm 0 3""' zg3 BEAM TO ELEVATOR HOUSING CONNECTION N0 SGTE I 6 GUSSET SPACING PLATE NR 3x3x5/16" A325 1/2„6 \ • " NEW L 3x3x5/16" 001. STITCH—BOLT \� SINGLE ANGLE X—BRACING BRACE STITCH PLATE NO SCALE 8 w , m� p Lf- zw 0 //� 0 0 o O W V I I J II II / Q o II II u u e o • c SECTION 8—B 9 00 aN \ m 0 oho 0 o I T I SECTION C—C Mce O Q = U NEW 60' BENT PLATE" NEW L3 3x3x5/16" SINGLE ANGLEz3x5/16" X—BRACING SECTION A—A X—BRACING TRIMMED ANGLE NO RUE 3 STIFFENER !S 3/16 Typ. PLATE 3/1 3/16" TH. NS/FS LEG BASE PLATE DETAIL NO SCALE 5 i '\ NEW L3x3x5/16" SINGLE ANGLEX n 2 O 0 U W Z O U U O F C7 Z U EG x NOTE: PAINT TOWER EGGSHELL WHITE d® L., x 3.3 Zf U>] ZLLm mw2 7 0� \ TOWER ELEVATION 1/4 -r -o 1 �^ �wZ I Z gZn .. wpm Q X03 'Z '' WI NF:', ELEVATOR HOUSING LAYOUT I 1/4•-1•-o I 2 I Z Y, \ a PSN 2 /ff41 ilikhd N ONISNOH LIOLVA313 u� m„0 -,L a U 'dm o N 1HO13H 83M01 „0-,01 „8 0-,4 4® ©® atsit May 4, 2014 RE: AT&T MW project — Mendota Heights, MN Dear Planning Dept., AT&T Mobility 4300 Market Pointe Dr. Suite 350 Bloomington, MN 55435 www.att.com page 77 New Cingular Wireless PCS, LLC (AT&T Mobility) is aware that there is always a very small chance that interference issues could arise while co -locating with other carriers on the same cell site; therefore, careful internal company studies are performed to pre -determine and predict the correct vertical and horizontal separation between antennas, for example. This helps avoid the possibility of licensed frequencies interfering with other. This is a standard convention in the telecom industry. AT&T Mobility acquires their licenses from the FCC, which entitles us to operate within an assigned frequency range. This helps avoid interference issues from other frequencies coming from CB radios, electronic appliances, pacemakers, fire and police equipment, as well as other cellular/pcs licensed carriers antennas. In the highly unlikely event that some type interference does occur, AT&T Mobility will cooperate with the provider experiencing interference, to help identify and correct, to the extent reasonably possible, the issues. In the event AT&T Mobility ceases operation of RF service at 1860 Eagle Ridge Drive, Mendota Heights, MN 55118 all antennas, unused free standing towers, and ancillary equipment will be removed within six (6) months. Sincerely C 0 f* > Name �F .° %f% ee#,,.,. Title ,y Date AT&T Mobility Ridge South Condominium Association 1850 EAGLERIDGE DRIVE MENDOTA HEIGHTS, MN 55118 May 22, 2014 page 78 Dear Ridge South Condominium Owners, Ridge South is considering having AT&T install an antenna tower on the roof of the West (1860) building, just like the one that already exists on the roof of the East (1850) building that is owned by T Mobile. There will be two informational sessions regarding the proposed AT&T antenna on Wed., May 28th at 7:00 P.M. & Thurs., May 29th at 7:00 P.M. Both will take place in the party room. All owners are invited to attend either of these times to receive information and get any questions answered that you may have. If you have any questions or are unable to attend either session and wish to have a special meeting set up feel free to call or email me at 651-688-3030 — mtaple@comcast.net or you may contact any board member. Sincerely, Marcia Taple, President, Ridge South Condominium Association page 79 Affidavit of Publication State of Minnesota SS County of Dakota ANNE THILLEN , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printedNOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each TI -I week, for 1 successive weeks; it was first published on SUNDAY , the 18 day of MAY , 2014 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPORSTUVWXYZ *abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me on TH t is 18 day of MAY . 14 Notary Public BY: akitt 1/4-744;16,r) TITLE LEGAL COORDINATOR *Alphabet should be in the same size and kind of type as the notice. TONYA R. WHITEHEAD Notary Public -Minnesota �s= My Commission Expires Jan 31, 2015 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed by law for the above matter $25.00 per col. inch (3) Rate actually charged for the above matter $ per col. inch 1/14 page 80 CITY OF MENDOTA HEIGHTS `i NOTICf=,OF-HEARING A,PUBLEC HEARING t ON A REQUEST FORA: ONDITEONAL USE PERMIT AND VARIANCE piEoUEST FORA; BUILDli1G MOUNTED WIRELESS ANTENNA FACILITY AND ACCESSORY SSTRUCTURE AT '1860, EAGLE RIDGE DRIVE TC1 WHAM 1T MAY CCNCEl5l11i,... NOTICE=iis :hereby green.that the Planning',':Go�rrmiss.'son of Mendota;: heights vu ii meet at 7 00 P.Mi or as soon as possible thereafter on Tuesday,!May •27; 2014 in the Ciry Wall Council Chambers, ii01; Victoria ;Curve, Mendota Heghts 'i Minnesota to consider a cdniitionat use permf application and uanance: request, from SAO Wireless on. hehait 6 f AT&T and?the Eagie, Idge Lancia Aesaeiation' to construct a tauilding gi punted, .wireless antenna ' faality and accessory building at 1860 Eagle Ridge Drive; This„ request"has been assigned Pienning Case number 2014=16 This notice is' pursuant to '1 itle 12 (Zoning), -Chapter i. of the Mendota Heights Gity Code ;such persons as desire to; b'e heard wutb reference to; this request will be heard "at this L j Smith City Clerk (South-West Review May 18; 2014) 1 page 81 Planning Case 2014-16 Public Hearing Notice Mailing List 272245101010 O 1850 EAGLE RIDGE DR E101 ALEXANDER PERELMAN O272245503044 ALICE C BOLAND O272245503045 ALICE C BOLAND 272245504102 • 1830 EAGLE RIDGE DR 1002 ALICE C BOLAND ©272245503061 ALOIS 3 & FLORENCE H STIFTER 272245503062 ALOIS 3 & FLORENCE H STIFTER 272245504211 ▪ 1830 EAGLE RIDGE DR 2011 ALOIS 3 & FLORENCE H STIFTER 272245101057 O 3.860 EAGLE RIDGE DR W305 ANDREW M & TIFFANY BERENBERG 272245101044 0 1860 EAGLE RIDGE DR W201 BARBARA A BATES 10 272245101033 1850 EAGLE RIDGE DR E307 BARBARA A JOHNSON 272245101015 0 1850 EAGLE RIDGE DR E106 BAUM FAMILY TRUST 278200002020 0 1900 VICTORIA RD Q BRADLEY L BEATTY 272245101014 al 1850 EAGLE RIDGE DR [105 BRUCE DAVIDSON 272245101011 CD 1850 EAGLE RIDGE DR [102 CAROLS STENBACK en 27224550302E CHARLES ] TSTE MCCARTHY 272245503027 Tmlig CHARLES ] TSTE MCCARTHY 272245504106 m 1830 EAGLE RIDGE DR 1006 CHARLES ] TSTE MCCARTHY 278200001030 CO 1900 VICTORIA RD 0 CHARLOTTE D DAMIAN en 270260002020 CITY OF MENDOTA HEIGHTS D272245503047 CLAYTON G & VIRGINIA REIN Disclaimer: Map and parcel data are believed to be accurate, but accuracy Is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 440 feet 5/12/2014 page 82 Page 2 ®272245503048 CLAYTON G & VIRGINIA REIN en272245503049 CLAYTON G & VIRGINIA REIN 272245503050 CLAYTON G & VIRGINIA REIN 272245503051 CLAYTON G & VIRGINIA REIN 272245504310 1830 EAGLE RIDGE DR 3010 CLAYTON G & VIRGINIA REIN 272245101017 1850 EAGLE RIDGE DR E108 DALE H & BETTY] ARCAND 272245101018 1850 EAGLE RIDGE DR E201 DALLAS APFELBACHER 278200004021 1900 VICTORIA RD 5 G DARREL & MARY RAINES 272255101070 1847 EAGLE RIDGE RD DAVID & LINDA OVARIA en 272245503042 DAVID L & DONNA M ANTONSON 272245504202 ED 1830 EAGLE RIDGE DR 2002 DAVID L & DONNA M ANTONSON 272245101019 ® 1850 EAGLE RIDGE DR 202E DEANNA G ALIOTA 272245402020 ED 1870 EAGLE RIDGE DR 10 DONALD & LORRAINE JOBE 272245101042 al 1860 EAGLE RIDGE DR W107 DONALD E & MARY C FRIEDLANDER 272245101031 0 1850 EAGLE RIDGE DR E305 DORIS F HOLZSCHUH eel 272245503002 DOUGLAS & JOAN GRIEF -272245503003 DOUGLAS & JOAN GRIEF 272245504301 1830 EAGLE RIDGE DR 3001 DOUGLAS & JOAN GRIEP 271860001150 272245101062 1940 CROWN POINT DR 0 1850 EAGLE RIDGE DR E310 DAVID FRANCIS & PATR DEVLIN E GARY & MARION G KLEIN Disclaimer: Map and parcel data are believed to be accurate, but- accuracy is not guaranteed. This is not a legal document- and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 440 feet 5/12/2014 page 83 Page 3 272245101048 0 1860 EAGLE RIDGE DR W205 ! co EILEEN C SPENCER 272245402010 1870 EAGLE RIDGE DR 11 ELAINE 0 FESLER 272245503059 ELAINE R TSTE STEINMAN 272245503060 ELAINE R TSTE STEINMAN 272245504112 1830 EAGLE RIDGE DR 1012 ELAINE R TSTE STEINMAN 272245401040 1870 EAGLE RIDGE DR 12 ELIZABETH FINN KRISTENSEN 272245101024 1850 EAGLE RIDGE DR E207 ELLIOT EFRUM LIBMAN 272245401010 1870 EAGLE RIDGE DR 15 ELLIOTT & NANCY KARASOV 272245101030 1850 EAGLE RIDGE DR E304 EMILY LEISTER 272245402050 1870 EAGLE RIDGE DR 7 ERIN E OLEARY co co co co 0 co co co al 0 272245101020 1850 EAGLE RIDGE DR E203 EVELYN W ESRIG 272245503034 EVERETT H TSTE KARON 272245503035 EVERETT H TSTE KARON 272245504209 1830 EAGLE RIDGE DR 2009 EVERETT H TSTE KARON 278200005010 1900 VICTORIA RD D FREDRICK R WYSOKI 272255001060 1833 EAGLE RIDGE DR 6 GAYLE 3 & THOMAS R MIELS 278200004031 1900 VICTORIA RD I GERALD & NORINE OBRIEN 272245504204 1830 EAGLE RIDGE DR 2004 GERALD F & SARAH P SPIESS 272245503018 GERALD F & SARAH P SPIESS 272245503019 GERALD F & SARAH P SPIESS Disclaimer: Map and parcel data are believed to be accurate, but- accuracy is not guaranteed. This is not a legal document- and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 440 feet 5/12/2014 page 84 Page 4 272245101050 0 1860 EAGLE RIDGE DR W207 GERALD 3 KELSCH 272245101023 0 1850 EAGLE RIDGE DR E206 GEROME T TSTE CAULFIELD 272245101046 CO 1860 EAGLE RIDGE DR W203 GLENN H KORFHAGE 272245503054 GREGORY WOESSNER 272245503055 GREGORY WOESSNER 272245504110 1830 EAGLE RIDGE DR 1010 GREGORY WOESSNER 272245101061 1860 EAGLE RIDGE DR W309 HAROLD ARENSON 272245503046 HAROLD I & BETTY M ZATS 272245503043 HAROLD I&BETTY MZATS 272245504105 1830 EAGLE RIDGE DR 1005 HAROLD I & BETTY M ZATS 272255501030 0 1853 EAGLE RIDGE RD HARVEY S & SHARON R DEFREN 272245101022 ED 1850 EAGLE RIDGE DR E205 HELEN M YARBROUGH 272255101021 0 1835 EAGLE RIDGE RD IAN E & PAMELA S DOLBY 272245504307 0 1830 EAGLE RIDGE DR 3007 IRA SCOTT TSTE JOSEPH en 272245503010 IWO IRA SCOTT TSTE JOSEPH 272245503011 lila IRA SCOTT TSTE JOSEPH 272255101120 1857 EAGLE RIDGE RD JAMES BELLOMO 272245101045 ED 1860 EAGLE RIDGE DR W202 JAMES F & JANET YOSWA 272245101052 0 1860 EAGLE RIDGE DR W209 JAMES M MILLER 272245301020 0 1870 EAGLE RIDGE DR 2 JANE E FLAD Disclaimer: Map and parcel data are believed to be accurate, but- accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scare 1 inch = 440 feet 5/12/2014 page 85 Page 5 272245101040 1860 EAGLE RIDGE DR W105 ]ANELLE BORGEN 272245101035 1850 EAGLE RIDGE DR [309 JANET R GABOR 272255001080 1833 EAGLE RIDGE DR 8 JEAN M WEST 272245504203 1830 EAGLE RIDGE DR 2003 JEROME B & YETTA SIMON 272245503012 JEROME B & YETTA SIMON 272245503013 JEROME B & YETTA SIMON 272245101054 1860 EAGLE RIDGE DR W302 JOAN B DAVIDSON 272245503006 JOAN L SHAPIRO REVOCABLE TRUST 272245503007 JOAN L SHAPIRO REVOCABLE TRUST 272245503004 JOHN D TSTE FREEMAN 272245504304 al 1830 EAGLE RIDGE DR 3004 JOHN D TSTE FREEMAN 272245504103 0 1830 EAGLE RIDGE DR 1003 JOHN H & LOIS E TSTE MCLEAN en 272245503032 LIVIIP JOHN H & LOIS TSTES MCLEAN co272245503033 JOHN H & LOIS TSTES MCLEAN co272245503001 JOHN ] & JEANETTE M MORGAN 272245504109 0 1830 EAGLE RIDGE DR 1009 JOHN J & JEANETTE M MORGAN 272245101032 al 1850 EAGLE RIDGE DR E306 JOHN P HINES 272245503005 JOHN TSTE FREEMAN 272245302030 0 1870 EAGLE RIDGE DR 5 JOHN W JR & MARY E FISCHBACH 100 271860001170 1948 CROWN POINT DR JONI M & CHARLES F BROST Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 440 feet 5/12/2014 page 86 Page 6 •- ivy •� F �e 101 272245101039 1860 EAGLE RIDGE DR W104 3OSEPH ] & BEVERLY A 2AINE 272245503028 1830 EAGLE RIDGE DR 2007 JOY L DALY an272245503008 LLOYD 5 & VICKI R STERN 272245503009 LLOYD 5 & VICKI R STERN 272245504207 272245504309 1830 EAGLE RIDGE DR 2007 imp 1830 EAGLE RIDGE DR 3009 JOY L DALY LLOYD 5 & VICKI R STERN 278200003020 278200003030 1900 VICTORIA RD K an 1900 VICTORIA RD 5 L KAREN E JACOBSON LOUISE A REV TST EGGLETON 278200005020 272245401020 1900 VICTORIA RD E ® 1870 EAGLE RIDGE DR 14 KAREN E MOSS LYNN C LIBERMAN 272245101047 1860 EAGLE RIDGE DR W204 LARRY J WINGER 271860001160 1944 CROWN POINT DR LAWRENCE G WADDELL 272255101060 1845 EAGLE RIDGE RD LEO & SARANN R SLATTERY 272245101016 1850 EAGLE RIDGE DR E107 LEO NIEDORF 271860001110 913 CROWN CT LEROY D JR & RHONDA BURLING 272245101051 1860 EAGLE RIDGE DR W208 MARCIA L TAPLE 272245002300 GB 1869 EAGLE RIDGE DR 1 MARGARET A LAVIGNE 272245504210 EEO 1830 EAGLE RIDGE DR 2010 MARRY ANN SUDEITH TSTE 120 272245101013 1850 EAGLE RIDGE DR E104 MARVIN & MILDRED P JACOBSON 272245503052 MARY ANN SUDEITH TSTE Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 440 feet 5/12/2014 page 87 Page 7 272245503053 MARY ANN SUDEITH TSTE 272245503036 MARY D GERLACH 272245504201 1830 EAGLE RIDGE DR 2001 MARY D GERLACH 272245002270 1869 EAGLE RIDGE DR 4 MARY JO SKAAR 278200003010 1900 VICTORIA RD S J MARY K ORME 272255501010 1849 EAGLE RIDGE RD MARY TSTE DESROCHES 272245503020 MARYLOU FLEMMING MCLEVISH 272245101059 1860 EAGLE RIDGE DR W307 MEIN KAI & SUSAN HO 272245101025 1850 EAGLE RIDGE DR E208 MICHAEL BRECKMAN 272245101041 1860 EAGLE RIDGE DR W106 MICHAEL I NEREN 272245002260 CB 1869 EAGLE RIDGE DR 5 MICHAEL L HIXSON EEEI272245503023 MICHELLE EGAN BURKE 272245504101 ® 1830 EAGLE RIDGE DR 1001 MICHELLE EGAN BURKE arip272245503040 NANCY M TSTE SKADRON ao272245503041 NANCY M TSTE SKADRON 272245504108 cm 1830 EAGLE RIDGE DR 1008 NANCY M TSTE SKADRON 272245101037 Ea 1860 EAGLE RIDGE DR W102 NEIL & BARB GITLIN 271860001180 ari 1952 CROWN POINT DR NEIL] & CATHIE DENBLEYKER 278200001020 ao 1900 VICTORIA RD N PATRICE C WALSH 140 272245504107 1830 EAGLE RIDGE DR 1007 PATRICIA H GRAF Disclaimer: Map and parcel data are believed to be accurate, but- accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scare 1 inch = 440 feet 5/12/2014 page 88 Page 8 las272245503021 PATRICIA H GRAF azi272245503022 PATRICIA H GRAF 272245101034 cm 1850 EAGLE RIDGE DR [308 PETER & DAWN GUDEL 272245402060 CD 1870 EAGLE RIDGE DR 6 PETER & SARA BEAGAN 272255501040 1855 EAGLE RIDGE RD PETER A & BARBARA A REDPATH 272245504205 cip 1830 EAGLE RIDGE DR 2005 RAE W LEVINE ma 272245503029 RAE W LEVINE 272255101130 ED 1859 EAGLE RIDGE RD RANDALL MCLEVISH 272245504206 an 1830 EAGLE RIDGE DR 2006 RAYMOND A & MARY LOU MCLEVISH 272245504212 ® 1830 EAGLE RIDGE DR 2012 RHODA MAINS 271860001120 1928 CROWN POINT DR 272245503056 PETER D & ALEJANDRA MADLAND RHODA MAINS 272245002250 1869 EAGLE RIDGE DR 6 PETER M & NANCY J TS OBERLE 272245002290 1869 EAGLE RIDGE DR 2 PHILIP L & REBECCA L GRAETZ 272245503058 R ELAINE DUFRESNE 272245504111 1830 EAGLE RIDGE DR 1011 R ELAINE DUFRESNE as272245503057 RHODA MAINS 272245101012 ea 1850 EAGLE RIDGE DR E103 RICHARD & KAY KRUSE 272245401030 Ea 1870 EAGLE RIDGE DR 13 RICHARD ] & SUE A WYNNE 160 272245302020 1870 EAGLE RIDGE DR 4 RICHARD W & THOMAS A TONGEN Disclaimer: Map and parcel data are believed to be accurate, but- accuracy is not guaranteed. This is not a legal document- and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 440 feet 5/12/2014 page 89 Page 9 272245002280 278200005030 mi 1869 EAGLE RIDGE DR 3 Cal 1900 VICTORIA RD F ROBERT A & JEAN K ALBRECHT RONALD 3 LARSON 272255001070 272245101029 im 1833 EAGLE RIDGE DR 7 csa 1850 EAGLE RIDGE DR [303 ROBERT A JR & MARY L CASPER SALLY E ORREN 272245504303 272245302010 Cil 1830 EAGLE RIDGE DR 3003 azi 1870 EAGLE RIDGE DR 3 ROBERT C & LINDA L DUNN SANDRA LYNN JOHNSON 1333 272245503024 ROBERT C & LINDA L DUNN 272245503025 ROBERT C & LINDA L DUNN 272245402040 ED 1870 EAGLE RIDGE RD 8 SANDRA MURPHY 272245101049 al 1860 EAGLE RIDGE DR W206 SCOTT WEXLER 278200002010 272245504302 1900 VICTORIA RD P an 1830 EAGLE RIDGE DR 3002 ROBERT C & YVONNE M MOMSEN SHAPIRO JOAN L TRUST 272245101021 271860001100 1850 EAGLE RIDGE DR E204 919 CROWN CT ROBERT] & DORINE M VENUTA SHAWNE M COSTELLO 272245503014 ROBERT] & EILEEN C HOWARD 272245503015 ROBERT] & EILEEN C HOWARD 278200001010 CO 1900 VICTORIA AVE M SHEILA A CULLIGAN 272245101055 MI 1860 EAGLE RIDGE DR W303 SHERMAN J & BEVERLY KAMINSKY 272245504208 272245101060 1830 EAGLE RIDGE DR 2008 180 1860 EAGLE RIDGE DR W308 ROBERT J & EILEEN C HOWARD SHIRLENE H TSTE MATUS Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document- and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Safe 1 inch = 440 feet 5/12/2014 page 90 Page 10 272255101040 cal 1841 EAGLE RIDGE RD SHIRLEY E HUSKINS 272245101026 1850 EAGLE RIDGE DR [209 STEPHEN D KROVITZ 278200002030 an 1900 VICTORIA AVE R THOMAS JOHN TRUST AG VIRNIG 1311 272245402030 1870 EAGLE RIDGE DR 9 TIMOTHY 3 BRAY 272255101030 272245101056 gm 1837 EAGLE RIDGE RD an 1850 EAGLE RIDGE DR W304 STEPHEN E & VICTORIA ORME TINA C MCNAMARA 272245504305 1830 EAGLE RIDGE DR 3005 STEPHEN G & KAREN A MARGOLIS 272245503016 STEPHEN G & KAREN A MARGOLIS 272245503017 STEPHEN G & KAREN A MARGOLIS 272245101036 1860 EAGLE RIDGE DR W101 STEPHEN W TSTE SEIDEL 272245101043 1850 EAGLE RIDGE DR W108 VIRGINIA GARCIA VELEZ 272245101053 en 1860 EAGLE RIDGE DR W301 VIRGINIA R TSTE STAWARZ 272245503030 WALLACE 3 TSTE MCCARTHY Ea272245503031 WALLACE 3 TSTE MCCARTHY 272255501020 1851 EAGLE RIDGE RD STEVEN P & ELIZABETH BENGTSON 272245504104 1830 EAGLE RIDGE DR 1004 WALLACE 3 TSTE MCCARTHY 271860001140 272245301010 1936 CROWN POINT DR em 1870 EAGLE RIDGE DR 1 TERESSA & BRANDON KADLEC WARREN W & CAROLYN L GERBER 271860001130 272255101050 1932 CROWN POINT DR 200 1843 EAGLE RIDGE RD THOMAS & CYNTHIA 3 WEEKS WAYNE & JANET BELISLE Disclaimer: Map and parcel data are believed to be accurate, but- accuracy is not guaranteed. This is not a legal document- and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 440 feet 5/12/2014 page 91 Page 11 202 203 204 272245503037 WILLAMARIE E HOFFMAN 272245504306 1830 EAGLE RIDGE DR 3006 WILLIAM H HOFFMANN 272245101058 1860 EAGLE RIDGE DR W306 WILLIAM R JR & CAROL REDDING 272245503038 WREN EQUIPMENT LLC 272245503039 WREN EQUIPMENT LLC 272245504308 1830 EAGLE RIDGE DR 3008 WREN EQUIPMENT LLC 272245101038 1850 EAGLE RIDGE DR W103 YALE & JEAN TSTES {CANTER Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scale 1 inch = 438 feet 5/12/2014 t irows""' n CITY OF MENDOTA HEIGHTS page 92 1101 Victoria Curve 1 Mendota He,g� 7b 651.452.1850 phone 651.452. you i www.mendota-heights.com DATE: June 3, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Bader Concept Planned Unit Development Plan BACKGROUND The applicants own approximately 12.5 acres of land on Delaware Avenue and Foxwood Lane. They requested review of a Concept Plan for a Planned Unit Development to subdivide the land for additional single-family residential development. The purpose of a concept review is to provide the prospective developer with information and comments to assist in determining the viability of a proposed development. As noted in the Staff report, after acceptance of the application and further review, the proposed development options do not appear to qualify as a planned unit development based on the Code requirements. As a courtesy to the applicant, the Planning Commission conducted a public hearing and provided comments. The concept review process also allows the City Council an opportunity to provide comments. However, such action is not and is not intended to be binding on the City in any way, but simply advisory on a preliminary basis only. The Planning Commission conducted a public hearing at the May 27 meeting. Various residents abutting the proposed development area provided comments. BUDGET IMPACT N/A RECOMMENDATION Acknowledge and accept the staff report's recommendations and comments from the Planning Commission discussion concerning the proposed development options. No formal action is necessary. page 93 5 Stantec Item No. 2014-14 MEMORANDUM Date: May 27, 2014 To: Mendota Heights Planning Commission From: Phil Carlson, AICP, Consulting Planner RE: Planning Case 2014-14: Bader PUD, Concept Review Action Deadline: None (Preapplication conference) BACKGROUND Mike & Michelle Bader own approximately 12.5 acres of land on the east side of Mendota Heights on Delaware Avenue, just south of Wentworth Avenue. The property consists of their home on a 10 -acre parcel fronting Delaware Avenue, plus an adjacent 2.5 -acre lot that fronts Foxwood Lane. They are requesting review of a Concept Plan for a Planned Unit Development to subdivide the property into five or six lots: four or five new single family home lots, plus their existing home on a modified lot. All would be served with public infrastructure. The property is guided Rural Residential and zoned R -1A One Family Residential. Single family homes are permitted on lots with minimum width of 125 feet and a minimum 30,000 square feet lot area. The purpose of a Concept Review is for the prospective developer to gather information and comments on their proposal to help determine the viability of a proposed development. The Baders have requested a PUD concept review, but the City Code does not appear to allow a project like theirs to qualify as a PUD. The PUD section of the Code includes the following: 1) 12-1K-2 A.1: A PUD is defined as a project where some use would not otherwise be permitted in the zoning district — not the case here. 2) 12-1K-2 A.2: Defines a PUD as located in a residential district and the housing is proposed to be clustered — not the case here. page 94 3) 12-1K-3: PUDs are defined with four designations only, two of which are residential: High Density and Medium Density — neither is the case here. 4) 12-1K-5 B.1: This section refers to HR -PUD and MR -PUD, not low density like the R-1 or R - 1A districts. From the above, it appears the Bader project does not qualify under the Code to be processed as a PUD; the City Attorney concurs with this opinion. The appropriate avenue to pursue development here would be a standard plat, which could be applied for. Review and comment on the current project therefore will focus on the design issues and not on a PUD. HISTORY There is a long and interesting history to the development of this part of Mendota Heights and a number of proposals have been made over the years to further subdivide the property. Others are more familiar with the history and specific issues that have been discussed, including private covenants, preservation of trees, extension of utilities to serve the property, County permission to access to Delaware Avenue with a new driveway or street, etc. Our review here is only on the design concepts for this initial PUD review. KEY SITE FEATURES There are several key site features which affect almost any concept for subdividing the property: 1) Foxwood Lane is a cul-de-sac within a 50 -foot -wide public right-of-way, although the street itself is a private drive, per previous approvals. The width of the right-of-way is less than the City standard of 60 feet. Maximum length of a cul-de-sac allowed by the City's Subdivision Code is 500 feet. 2) There are slopes on the site of 20% and greater. 3) There is a small wetland in the middle of the property, due west of the Bader home, and larger wetlands on the far west edge of the property. 4) The site is heavily wooded. Exhibit 1 (attached) is labelled "Existing Conditions" but there is no mention of wooded areas or a tree survey. page 95 5) In addition to the Bader home, there are three other homes in close proximity to the subject property: Aune/Miller, Gray, and Chadima, all noted on Exhibit 1. All three appear to be about 20 feet or less from the Bader property line. PROPOSED CONCEPTS The Baders submitted two concepts for the design of the PUD, attached as Exhibits 7 and 8: 1) Exhibit 7 is the "Thru-Street Option", which extends a new public street off of Delaware Avenue east -west along the southern property line meeting a new north -south street which is an extension of Foxwood Lane. a. The plan notes the need for a retaining wall or grading easement on the adjacent property to the south in order to build the new east -west segment of street. b. The plan notes a retaining wall next to the small wetland to accommodate the new north -south street. c. Five new lots are created, all of which meet the R -1A minimum size and width standards. d. The Baders' existing driveway would be rerouted to connect with the new street, eliminating its direct access to Delaware Avenue. e. Five new lots are shown, all meeting R -1A minimum dimensions, plus a modified lot for the Bader home, which would take access off the new street instead of Delaware Avenue. 2) Exhibit 8 is the "Four Lot Option", which extends Foxwood Lane south into a longer cul- de-sac, for a total length of about 800 feet. a. The plan places the small wetland inside the bulb end of the new cul-de-sac. b. Four now lots are shown, plus a modified lot for the Bader home. DESIGN PRINCIPLES In order to design a reasonable subdivision of the property, staff recommends the following design principles be followed: 1) Design a new street compliant with City construction standards, not a long cul-de-sac. page 96 2) Keep all grading on the subject property. On the south side of the property, this means widening the street ROW further north where needed, while still maintaining a reasonable front setback to the existing Bader home. 3) Provide an access stub to the property to the south for potential future development. This access should be located about at the center of the south property line where the grades are less steep, south of the small wetland. 4) Respect at least a 40 -foot setback from any new street ROW to the existing homes: Bader and Gray. 5) Respect as much as practical the existing trees on the property. Without a tree survey it is difficult to know exactly how this might best be accomplished. Taken together, these principles would suggest a concept plan that might look like the graphic below. WENTWORTH kil B LEGEND urz/o" u Rts,, Nr., ▪ Setback from 2. ▪ exist' ▪ home H,>>. nr Rrs cr) ^'H�,t Design V�Hm�xtNxn R ��` Principles • SOCIAT M U lni3 New Lot Slope/grading Avoid wetland Setback from existing home Reroute driveway New Lot Future street access stub Ex A' Hous: I EfWINe House I ee (Cnn�i Reslntnnl- �g New Lot Close driveway access i6;Ru 10 A`New putflic Street Slope/grading —i Design with community in mind ENGINEERING & PUBLIC WORKS COMMENTS page 97 Upon reviewing the concept plans for the development, Engineering and Public Works Staff have come up with the following requirements for public infrastructure development: 1. 60 -foot Right -of -Way 2. 7 -ton street design 3. 26-33 foot street width (on street parking to determine width) 4. Street grade no greater than 6% 5. Right angle intersections (can vary up to +/- 10 degrees) 6. Minimum 50 -foot radius on curves 7. B618 curb & gutter 8. Catch Basins with storm sewer 9. Storm water treatment prior to discharge to surface water body 10. 8 -inch Ductile Iron Pipe watermain with fire hydrants, stubbed to each parcel 11. 6 -inch PVC sanitary sewer main stubbed to each parcel and capable of being connected to future Wentworth Avenue sanitary sewer main 12. 5 -foot drainage and utility easement on all property lines abutting private property 13. 10 -foot drainage and utility easements on all property lines abutting right-of-way 14. Compliance with all applicable erosion and sediment control ordinances, statutes, regulations, and rules 15. Subdivision stormwater model (post development discharge rate cannot exceed the existing condition discharge rate over development area 16. Wetland delineation 17. Septic certification (if septic systems are desired) stating new systems meet all State and County requirements 18. Grading activity can only be conducted on slopes less than 25% 19. Any permanent or temporary easements necessary for public infrastructure development (road, utility, drainage, construction, grading, etc.) are to be obtained from adjoining property owners by the developer. page 98 Other requirements may present themselves as the project progresses, and the above list is not to be considered all-inclusive. It is intended to provide the developer with a summary of requirements to assist them in their design plan development. REQUESTED ACTION Review and comment by the Planning Commission on the proposed PUD concept. MATERIALS INCLUDED FOR REVIEW The following exhibits are attached for your review: 1. Existing Conditions 2. Declaration of Operating Agreements 3. Letter from Hardrives, Inc., November 4, 2013 4. Mendota Heights City Council minutes (excerpt), March 2, 1993 5. Mendota Heights Planning Commission minutes (excerpt), December 22, 1992 6. Site Development Plan & Preliminary Plat (previous) 7. Thru Street Option 8. Four Lot Option Planning Case 2014-14 Bader Concept PUD Plan Date: 5/21/2014 0 375 SCALE IN FEET Nd yc 99 City of Mendota Heights JEtittrAf__Itr, ,' r---------- ----WE-PI:PALO-1;4 H AVE - 1 I I -L. 4/C' • i/ .1 a f 5 1 R� I•l F�c�� I :a Z ; K s 1' ' 1' ' Z 1 -S;I I I I I I 3.. 1'i - 1 1 MARIE.AVE W lEt , I GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 100 1101 Victoria Copia 1 Mendota Heights, MN 55118 851.452.1850 phone I 551.452.5940 fax www.tnenciota-he.ights.corn CITY OF MENDOTA, HEIGHTS APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Property Address/Street Location: 1673 Delaware Avenue and Lot 3 Foxwood (no address) Applicant Name: Mike & Michelle Bader Phone: 612-865-1845 Applicant E -Mail Address: bader©kkblawfirm.com, mkb1673@yahoo.com, shoey@kkblawfirm.com Applicant Mailing Address: 1673 Delaware Ave., Mendota Heights, MN 55118 Property Owner Name: Same as Applicant Phone: Property Owner Mailing Address: Suite 1500 US Bank, 101 East Fifth Street, St. Paul, MN 55101 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) See Attached Type of Request: 0 Rezoning 0 Variance 0 Subdivision Approval 0 Conditional Use Permit Wetlands Permit D Critical Area Permit 0 Code Amendment 0 Lot Split 0 Conditional Use Permit for PUD 0 Preliminary/Final Plat Approval 0 Comprehensive Plan Amendment IM Other Concept Plan PUD I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inspect Planning Application (modified 1/28/2014) bove property during daylight hours. 5-- Signature of of Applicant Sign ure .fOwn 11 'ature of Owner Date / Date ..tr ore than one) 6707 Dat Page 1 of 1 page 101 MICHAEL M. BADER MICHELLE K. BADER 1673 DELAWARE AVENUE MENDOIA HEIGHTS, MN 55118 (612) 865-1845 May 5, 2014 E-MAIL ONLY Mr. Nolan Wall City Planner City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Application for a Concept PUD Dear Nolan: Thanks for your time at our meeting today. Per our discussions, I enclose our submissions to the City and exhibits with the exception of the maps (Exhibits 1, 7 and 8). Thanks again. Very truly yours, Mike and Michelle Bader Enclosures page 102 MICHAEL M. BADER MICHELLE K.BADER 1673 DELAWARE AVENUE MENDOTA HEIGHTS, MN 55118 (612) 865-1845 May 5, 2014 TO: The Mendota Heights City Council, Planning Commission and Staff Pursuant to Title 12, Article K of the City Code and the City's requirements for a Planned Unit Development, the following is submitted pursuant to 12-1 K-6, Introduction History Michelle and Mike Bader have resided in Mendota Heights for 25 years. Since 1998 our home has been 1673 Delaware where we raised our four children. Our children are now in their mid to late twenties and have, for the most part, left us. We have had considerable interest by other young families in purchasing our home and we are excited about downsizing and building a new, smaller home, on less than the 10 acres here at 1673 Delaware. The prospective buyers of our existing home are uniformly uninterested in maintaining 10 acres and prefer a 31/2 acre site encompassing our home and yard. In 2003 we purchased Lot 3 Foxwood with the expectation that we could gain access for the lots in our western property from Wentworth. Our subdivision plan was denied in the spring of 2003. At that time, the city required a variance because the proposed cul-de-sac exceeded 500 feet. Subsequently, a new city attorney agreed that requiring this variance would constitute spot zoning and agreed that a variance is not required for a cul-de-sac in excess of 500 feet. In 2010, we were told by city staff that to access our property from a cul-de-sac from Wentworth over the Foxwood right of way, would require a variance because the Foxwood right of way was approved - without a variance - for a fifty foot right of way and the city code requires 60 feet. We applied for a variance in 2010 without submitting a development plan and our application was denied. We were encouraged by two Council members to consider a planned unit development. So, we are pleased to submit our concept plan for a planned unit development, It is our belief that this plan will allow for the infill of upper -end homes similar to those in Hidden Creek. Our plan is in keeping with similar surrounding home sites. Also, widening Foxwood and eliminating the private road on a public right of way, page 103 will enhance the value of our Foxwood neighbors as it will allow for a safe road, street parking, curbside trash removal, mail and newspaper delivery Finally, the proposed plan increases the size of Lot 2 Foxwood and saves the owners of Lots 1 and 2 more than $10,000 00 for pending street maintenance FOXWOOD Foxwood is a three -lot subdivision on 10 acres in Mendota Heights. Lot 1 is owned by Lon and Jennifer Lutz; Lot 2 by Tim Aune and Anne Miller; and Lot 3 by Mike and Michelle Bader. Lots 1 and 2 are improved with residences. Lot 3 is vacant.. Foxwood Lane serves as access for the three lots„ The Foxwood pavement is 20' wide and approximately 480 foot long with a cul de sac.. Ex 1 The Baders reside on a 10 -acre lot that abuts their Lot 3 to the south. Access to our home is from Delaware. Our home/yard occupies approximately 3 1/2 acres of our 10 acre parcel.. The western 7 acres is densely wooded. Ex. 1. Foxwood Lane is unique because it is a private road on a public right of way, perhaps the only one of its kind in the state.1 Because Foxwood is a private road, the Foxwood owners split the cost of road construction and maintenance, pursuant to the Operating Agreement. Ex. 2, p. 3 ¶3.2. The owners' right to construct and maintain Foxwood as a private road is explicitly conditioned on the City's permission to do so: Maintenance of Common Area. To the extent permitted by the City of Mendota Heights, the Road Area shall be maintained by the Committee in good, safe and usable condition. Id, p. 3, ¶ 3.2. 1In VanLANDSCHOOT V. City of Mendota Heights 336 N W 2d 503 (1983), the City of Mendota Heights successfully argued to the Supreme Court that the denial of a variance for a private road over a public right of way was warranted for concerns over the City's tort liability, maintenance and snow removal. The Supreme Court stated: From the evidence, the council could have rationally found the request to build a private driveway over a portion of the public right-of-way .would have made problems in connection with snowplowing and removal; and was fraught with problems of tort liability claims and maintenance, and therefore would raise safety and traffic condition problems. I d at p. 508-9. page 104 The Operating Agreement can only be amended by the unanimous consent of all three owners. I d., p. 9, 76.9. Regrettably, as the stewards of Foxwood, we have failed to construct and maintain Foxwood Lane road as required by the city code, the city council's conditions for approving the Foxwood Subdivision application, and our own Operating Agreements, specifically: SAFETY: The slope from Foxwood to its terminus with Wentworth exceeds 6%, as does the slope of the driveways to Lot 3 and Lot 2, Ex,. 3. This exceeds the slope requirement of City Code which is 6% (Chapter 11-3-3 §B.3.a.). All lot owners agreed that the slope to Wentworth was dangerous but a majority of the owners rejected a bid to soften the slope for $8,000.00 Ultimately, a lengthy and expensive arbitration occurred last November and ruled that the slope to Wentworth be corrected. According to Tim Aune, the slope to his house and the access to Lot 3 cannot be reduced because there isn't enough room, apparently without putting in retaining walls. After a spring snowfall in 2013 while inspecting Foxwood for potholes, I was unable to pass 3-4 cars parked on Foxwood in the cul-de-sac without driving (in my four wheel drive SUV) over the snow covered median. This past winter I have made numerous trips through Foxwood to observe the plowing. I never detected any salt/sand application and the two slopes remained ice/snow packed for most of the winter. On a Friday evening several days after a recent snowfall, I encountered a Lincoln Town Car stuck on the slope up from Lot 2 No salt/sand was applied on Foxwood. It has been my observation that the equipment used by our plowing company is not heavy enough to clear the snow down to the pavement and with this winter's snowfall the plow was unable to clear the snow the entire width of Foxwood due to the high snow banks. When cars were parked on Foxwood this winter, emergency vehicles could not access Lots 2 and 3. PARKING Because Foxwood is only 20 feet wide, parking is prohibited by both the city and the Operating Agreement2 2 On December 22, 1992, the Mendota Heights Planning Commission recommended approval of the Foxwood Plat (then known as Somerset Place) upon the following conditions: page 105 Parking was supposed to be limited to parking pads shown on Ex.. 6.. We did not install the pads when Foxwood was originally paved and have yet to find a solution for parking. If the pads are installed as indicated on Ex. 6, they will not be convenient to Lot 1 as they will require a lengthy walk up the hill. Parking on Wentworth is challenging and potentially dangerous.. That is why when Lisa Gray had a remodeler's showcase tour at her home last fall, we allowed her to have her guests park on Foxwood. The problem is Foxwood is not wide enough to allow for parking and emergency vehicles to pass. Also, it became apparent this winter that our snow plow contractor's equipment is not as heavy as the City's and cannot remove all the ice/snow from the pavement.. Nor, does our contractor salt/sand Foxwood As a result, Foxwood was ice/snow packed the entire winter.. It also becomes narrower as the light equipment cannot get the snow over the mounds of snow.. As a consequence of the steep slopes, snow -packed road, inability to plow curb to curb, and Foxwood parking, emergency vehicles would not be able to access Lots 2 and 3 in the winter. That the access roadway be twenty-four feet (24') wide and the driveways be twenty feet (20') wide. 3. That the following be included within covenants to be filed with the Plat. a.. That the City be able to enforce snow removal from the full twenty-four foot (24') width of the access road That the driveway access road be designated a fire access lane and "no parking" be enforced. Ex., 4. At the March 2, 1993 Mendota Heights City Council meeting, the Foxwood preliminary plat was approved "subject to the conditions recommended by the Planning Commission." Ex.. 5 The Operating Agreement (Ex 2) recognizes the City Council's prohibition of no street parking on Foxwood Lane.. The Operating Agreement states 6.15 Rules Regarding Use of Road Area.. To the extent the City of Mendota Heights permits the Declarant to control the Road Area, the parties hereto agree that the road area should be used solely: A. For vehicle access from the dedicated public roads adjacent to the Property to the driveways and roadways from time to time existing upon the Property.. It is anticipated that the road on the Road Area shall be constructed upon the Property materially as shown on plans and specifications approved in writing by Declarants and on file with page 106 Architectural Form (the "Road Plan"). Map attached to Ex,. 1. For the parking of automobiles upon the parking areas designated on the plat of Foxwood, as existing on the date thereof.. UTILITIES: Water service for Lot 3 and the large parcels south of Foxwood is also a concern. City water is supplied by the St. Paul Water Department. I have been speaking, meeting and corresponding with them since June 4, 2013.. Suffice to say, they are perplexed by the status of Foxwood as a private road on a public right of way. The Foxwood plat has a utilities easement under Foxwood and across the eastern portion of Lot 3 to our 10 -acre parcel. The last word I heard from St. Paul Water is that they would not construct an 8" main from Wentworth south on Foxwood to our back acreage because it is not a "public road." Therefore, water service to our Lot 3, and back 7 acres, as well as the other large lots south of us can only be accomplished by 1 1/2 inch linesThe problem with the small lines are numerous and include: 1) they would not accommodate fire hydrants as recommended by the fire chief back in 2003; 2) they are more susceptible to failure/reduced pressure; 3) they would not allow for a loop with Marie/Ridgewood; and 4) four small lines would not allow water access to the lots south of us when those neighbors decide to develop. The owners of Lots 2 and 3 are understandably concerned about applying a wear course at a cost of some $10,000 for each of the three lot owners (without allowance for parking pads). It is felt that a 24' to 27' road to access our property would benefit all owners. Parking on one side of the road would be allowed (like the Glen Toro PUD).. The City's larger snow removal equipment would make the road safer. Michelle and I would pay for the cost of bringing the new Foxwood Lane to city standards saving the Lot 1 and 2 owners thousands of dollars. Utilities would allow for fire hydrants nearer the homes on Lots 2 and 3 and would serve the large parcels south of our property (the Kolars and Obers) Alternatives Over the past 11 years, we have looked at access to our west acreage from every direction. The Obers and Kolars are, they tell us, not interested in developing their western acreage for years. The Obers own the Outlot at the north end of Ridgewood.. The Kolars and Obers can access their rear lots for development when and if they decide to do so. In 2003, and again in 2010, I met with Dakota County inquiring about a cul-de- sac from Delaware down our south property line (with the Kolars).. The county was not receptive to a Delaware cul-de-sac. They noted the number of driveways on Delaware page 107 and the fact that Delaware had roughly twice the traffic volume as Wentworth. The county was not particularly receptive to a Wentworth cul-de-sac either, but agreed it was much more preferable than Delaware due to less traffic and no driveways to the north of Wentworth (Somerset Golf Course). The county did express a preference for a "loop road" connecting Wentworth to Delaware. Ex. 7, The problem with this is first the cost was estimated at more than $500,000, thus requiring more lots. This connected road was also unanimously panned by all our neighbors. As for specific questions outlined in 12-1 K-6: 2.. A concept plan must include both maps and a written statement, and must show enough of the area surrounding the proposed planned unit development to demonstrate the relationship of the planned unit development to adjoining uses, both existing and proposed„ The maps which are part of the concept plan may be in general schematic form, and must contain the following information: a. The existing topographic character of the land.. See attached plan (Exhibit 1). b. Existing and proposed land uses and the approximate location of buildings, utilities and unique development features of the site See attached plan (Exhibit 1, existing & Exhibit 8, proposed). In regard to proposed utilities serving the proposed 4 -lot area of this PUD we provide the following: Sanitary sewer, if it is ever extended to this area, it has to come from Ridgewood Drive (due to grades and sewer depth). To serve this PUD, including the two existing homes in Foxwood on Lots 1 and 2, the main would have to extend from the south only to a point near the southeast corner of Lot 1. It would not be built in the existing 50 foot R/W area of Foxwood Lane. It would all be constructed within right-of-way in this PUD that would meet the minimum 60 foot width,. Storm sewer, if any, would start south of the 50 foot wide RM/ area.. The 50 foot wide area on the north of Foxwood Lane would surface -drain in the street section, from Wentworth south to where the storm sewer would begin. The only city utility in the 50 foot wide existing right-of-way would be watermain, which could easily be accommodated in that area page 108 The small utilities — gas, electric, cable and telephone — would be anticipated in the 10 -foot boulevard on either side of the pavement or, if any design problem is found with that area, these could be extended from Delaware Avenue, through the Bader homestead portion of the PUD.. c. The location of major thoroughfares. See attached plan (Exhibit 1). Public uses, including schools, parks, playgrounds, and other open spaces. There are no known public areas within the entire "Super Block".. The proposed lots are larger than required by zoning and provide considerable open space. Care will be taken -with the assistance of Dodge Nature staff to avoid or relocate nesting wildlife. It is not anticipated that any wetlands will be disturbed.. In fact, it is the Baders' intention to increase the depth and size of the small pond in the center of the proposed cul-de-sac It also bears remembering that back in 2003 the Baders hired a civil engineer to compare the percentage of wetlands between our proposed development (12 31 acres) and the Foxwood development (9 21 acres). Our larger of the two plots has 7.8% of the property in wetland as compared to Foxwood, where 17.9% of the land was wetland. In fact Lot 1 Foxwood was so impacted by wetlands that a dramatic front -yard setback variance had to be granted (a 30 foot variance was granted such that the house on Lot 1 could have been build 10 feet from the street right of way instead of the required 40 feet.. The house was built at a 20 foot setback). The approval of the Foxwood development in 1993, allowing the creation of Lot 1 containing the Targe wetland, not only required the significant front - yard setback variance but it also required the Foxwood Lane right-of- way to be narrowed from the required 60 foot width to 50 feet. No variances would be required for any of the proposed homesites in our PUD submittal.. 3. A written statement shall accompany the concept plan, which must contain the following information:: a. An explanation of the character of the planned unit development and the manner in which it is consistent with and has been planned to comply with the planned unit development provisions contained in this article. page 109 The proposed planned unit development encompasses the Baders' 10 acres and the Baders' Lot 3 (21/2 acres). The proposed lot sizes are larger than some immediate neighbors (Joyce, 1 acre, Gray, 2 acres) and similar in size to the lot sizes in Hidden Creek, the last development in the "Super Block There have been 53 lots platted between the 6 platted subdivisions in the "Super Block" in recent history (Foxwood, Breckenridge Estates, Hidden Creek Estates, Willow Spring, Pine Creek and Wallner-Joyce). The lot sizes in those plats range from 0.56 to 4.08 Acres. The average lot size for those platted subdivisions is 1.11 acres In Foxwood the average lot size is 2.25 acres, ranging from 2.00 to 2 4 acres. Here are the proposed lot sizes in this proposed PUD„ • In the four -lot subdivision area — lot sizes from 1.43 acres to 2.14 acres for an average lot size of 1 „895 acres. • In the entire PUD area (including the current Bader home and its final proposed lot) the average lot size would be 2.314 acres.. This average lot size is slightly larger than the average size in Foxwood.. A statement of proposed financing From our savings, or, if necessary, a loan on Lot 3. A bid from Arndt Construction was received for $180,000..00 for road construction.. It is anticipated that all the costs would approach $250,000..00. Also, several home builders have expressed interest in a joint venture. If need be, I could obtain a loan on Lot 3, which is unencumbered, or a second mortgage on our home which has considerable equity c. A statement of the present ownership and ail existing or contingent interests in all of the land included within the planned unit development. We, the Baders, own Lot 3 Foxwood and the 10 acres south of Lot 3, Foxwood as joint tenants. As noted, Foxwood is a private road on a public right of way, which is subject to the city's approval to continue as a private road. A general indication of the expected schedule of development including progressive phasing and time schedules which shall not page 110 exceed five (5) years from the date of approval of the final development plan for the planned unit development to the completion of all construction. It is anticipated that the Baders would start road construction soon after approval of the PUD. The Baders plan to build their home in step with a local builder who will build on the other lots.. In speaking with the prospective builders, it appears there is a strong demand for home sites in Mendota Heights.. We will work with the builders to coordinate construction of all home sites to minimize disruption. Certainly, all construction would be completed in 5 years. e. The character and approximate density of dwelling units. g In terms of character, the homes will be estate -type single family homes similar to the homes in Hidden Creek.. In terms of density, Mendota Heights' latest comp plan regarding this Rural Residential area recommends density of 1.1 UNITS PER ACRE (equates to a parcel size about 40,000 sq. ft.).. The proposed PUD with 4 lots off of Foxwood has a density of 0.47 units per acre — in the 4 -lot area.. Less than half of the recommended density. When you add in the Bader homestead parcel — which will be included in the PUD because it is being divided — the density would be 0.4 units/acre (about one-third of the recommended density in the comp plan). For the same neighborhood let's look at Zoning and parcel size This area is zoned R -1A - minimum parcel size 30,000 sq.. ft.. This proposed PUD would have an average parcel size of 84,100 sq.. ft.. or 1.9 acres (in just the 4 -lot area) and 100,777 sq.. ft.. or 2.3 acres in the overall PUD proposed. (3.4 times larger than the minimum required).. Estimated industrial or commercial acreage and projected employment.. N/A.. Estimated square footage of any commercial development N/A.. h.. Estimated amount of open space and a computation showing the percent of impervious surface in the project area.. The proposed PUD would have about a 10..4 % impervious surface page 111 coverage. Of the original 12..5 acres, following development of the PUD, there would be about 111 acres of open space remaining. That consists of the area exclusive of homes, driveways and street„ Projected traffic Assuming 3 additional lots at 7 to 10 trips per day per home, increased traffic will be projected at 21 to 30 additional cars/day on Foxwood. So, we appreciate the City's time and continued effort to address what we feel is a plan that not only improves our property, but also complements our neighborhood. Respectfully submitted, Mike and Michelle Bader 1 i W U W i = {£ avoI nN3nd-111vMv1I - 1 z 1 2 • w / z W S O °Q _, W• E • C- u C l m -- ----- r / 3NV1COOMx03 0 z 1 C W \ Dy ---,_11 -- '6 1 "i ;a .y` tiLOZ -` — ialdv f 1 I 1 - U z a - 13 Er i �3 tl1053NN1 W,JJ}JOi�1tIYfl II Exhibit 2 II Daz-1.02002 1440 COLDUELL BANKER BURNET page 113 6516386355 P.02 • DECLARATION OF OPERATES G AGREEKENTS • by Lon Lutz and Mari:: Askevard 'Mute') , husband and wife., 'Thanx; hxYlli 61•Ps„ This Declaration is inadi nf the 72.7n day of :)?,-....prr,trir = " 11"‘ 4ovit3kie u;13101(Yu>ld Robezt B. Merskv and m.arskv, husband aniurif?: (colle.,...tivaly the "Deelarant u). • •I RECITALS : . A. Lutz is the owner of.ri-An land in Dakota County Mirnlemta, legally described as Lot 1, Block 1; Foxwood ("Lot E. Y?ta is the owner of mitairt land in Dakota County lyiin=o=„ descril=1 as Lot 2, rtiock 1, Fotwood Mot 2"). C. l'axs1c1' is the owner of =it,* land in Dakota County Minnesota, legally eie-5,...'711 ZS Lot 3, Block 1, Pox.wood ("Lot 3"). D. Der.-..larant intends to develop Lot 1, Lot 2 and Lot 3 (coll=tively, the "Prop.4ty") for single family borne residential purposes. E. in order to provide for the efficient use of the Proirty as well as the nv"-..s. sexy administration, and millar=rnmt of the Property, Declarant declares the Property shall b used, transfeTrod, ovined, ofxupied and develop—al only in =on:lance with and subject to the following covenants, and tesulcUons. The. covenants and restrittionscratd this instrument shall b decreed to run with the Property and be binding on all parties having any right, title or interest in the. Property or any part thereof, their heirs, successors, assigns and the tenants, cortcsionaires, iiomsers and invitr--s of any of them, and which shall inure to the benefit of each Owner thereof. ARTICLE 1 P_EFTKITIONa 1.1 Defined Terms. The following 'Mirth, When used in thit Declaration shall - • have. the following meaning: A. "Corranitt" shall refer to the Maintenan= Control Committee described in Article 3. page 114 DEC• -•10--200= 14:40 COLDIJELL BANKER BURNE1' 651699935E P. 03 t. `"Ekzut are shall mit any person or entity from time. to time entitled to the use and occupancyof an portion of a builwn on the Property unclean • . , .. Y lam g to • ;r,:�]'vb`Flilrr right or � l:"._li�,„^d;,^„ `� �n^��..�+sns`.r oli:ef aorrns- tt. : . e ?v mer° shall ram ttze y.:,a red owner, wn: tole one or more p zsons or entitles, of the ie simple title to any Lo.. However, if the Owner of a bot transfers the =no by contact for deed, #hen ttstless the- contract'for . provide otherwise, the vendee aides the contract for dry shall to deemed to • be the Owner for purposes of this Declaration, 'Toad oad Are. shall mean the certain land in Dakota County, Minnesota legally deserit . on that attached Exhibit k. ARTICLE 2 Slip AND Edi OC; ?)T7ti;ES 2.1 Composition of Committee. The 3+ int lane Committer shall be composed of one (1) representative appointed by the Ownr of each Lot. 2.2 Committee Rules. The Committee stab, from time to time, appoint one of its z:: .ibe s to be its chair. The chair shall call meetings of the Committee. mittee. A quorum of the Committee shall consist of a majority of its znernb s. The. Committee may act upon the. vote or written consent of a majority of the members pre=nt at any meeting at which a vomit is • established. The chair of the Committee is authorized to and shall upon request execute, c ertiricates of approval, notices of disapproval and similar instruments evidencing decisions of the Corriniitte, If requested by an Owner, such citificat s shall be in recordable fvrirn. 3.3 , mmittee Re.Vortaibilitv. In the event that the Committee fails to discharge its obligations under this Article, then the Owner of any Lot may bring an action for injunctive relief (mandatory or prohibitory) to compel the discharge of said obligations. 'Under der no circumstances shall the Corrimittee, its memb;:zs, De larrant, or any of them, be liable to any ptson for damages (direct, consequential, incidental or otherwise) in connection with the failure to carry out said party's obligations hereunder. Ssr ' COLDLJELL BANKER BURNET page 115 6516989356 F.04 CONSTRTJCTTTON AND {la 4.T;Ou , i :f the Committee shall instruct Arw.,hi+ w4l Forum 3.1 l�dQ later` tis � C to obtei".- bile. for constacu`c`�io`o` of the road up the Road Area in .. reance'witii'tiic PitaL. Arent gyral Foxtnn shall pres:nt tate bids fol stolon by the Committ' vith the advice of .A u1tectuxxai Forum, The Cortimitt stall then, with the assistance -of Archietural Forum, su rvise. installation and Construction of the rated. ; sa addition, the Cominittw shall arrange for the installation of such utilities as are n nary and,as are indicated on the Road Plans, The reloation of any trceS or lather landscaping features from the Roast Area, shall be suhjwt to the reasonable approval of t •e Ower of each Lot. .3:2 • +fainterari of Common area.. To the extent pennittetd b;+ tip City cf Mwdtta H ghtss the Road Area shall be maintained by the Committee in good; safe and ,7� the l f qualityth private rids found in other similar t:�F`er� �FEilrt'c-��" co :`L'ia::Fr=.bi.F' ._:'� c"'+` 4T xE. of e residential developments in the Twin Cities metropolitan arm.. The 1711inWaTiett and repair obligation of the Common Arta shall include but nut be limited to the following: A. Maintaining, repairing and replacing, when required, all mad vs= patted surfaces and curbs in a smooth and evenly rovercondition which maintenance work shalt include, without limitation, re.striping and r tufatng. lz, Periodic removal of all debris and :e use on the Road Area, including all papers, debris, Mat, refuse, ice and snow, including sweeping to the er.tent ris?ry to keep the Road Aim in a first-class, clean and orderly condition.. C.. Placing, kftping in repair, rept ting and repainting any appropriate directional signs or markers. D. Operating, ke ping in repair, cl=ing and replacing when nos.ty such Road Are lighting facilities as provid d far in the plans or as may be reasonably required, including all iichting nee essary or appropriate for s=urity. Watering, cleaning and maintaining all landscaped areas, weiing, pruning, fertilizing and replacing shrubs and other ianrisoping as necessary. If any Owner requires or installs "special' tandScaping (i.e., beyond the landscaping requirernmits of the remainder of the Property), the maintenance and cost of such spen al landsc=aping shall be borne solely by that Owner without cost or expense to the other Owners, and shall not be included as a Common Area maintenance expense. F Maintaining, cleaning and repairing any and all common storm drains, utility sewers and other utility systems and servic=s located in the Road Area -3- DEG -10-2902 14:41 CDLDWEL L BANKER BURN? ,15 page 116 6510999356 P.H5 v?hi�t! a.1 nr=sszry for the- op 'tion. of .04 Common Ara and the maintenance and replacement of any hunk utility tints or other utility ilm s staving more than one Lot on the : roF"ty ye- 'Withi pct ai5 e`. enoy situan'on or other e ipeit CIY6ssPtt5hi3, i , $1: decisions regarding r nt/min'w and repair Of the Road that and 'the iacili e th; on for the common benefit of Om'upants of the Property shall be. trade by,the • Committee, In the went that ars Owner is asreved by a marntenanCe decWon of the Committee, the Owner may submit the disagreet:'e:It to arbitration,irx • ,tiled of the the provisions of Article 6 of this Declaration. Each Oith shalt Pay... cost of maintaining and repairing the Road Area and the oast Of construction. and 1= SYruction of the Road Asea improvements. Earn Owner siiaii.pay its POri2te. Skrze within lift..tri `15) days of t".'f of caaS�i is vice ta�eir:ior which vy-v invoi • shalt by aceoinFativi by supporting documtntat on evidencing the charges. 3.3 jviechanres' ten . In the event any in batlio's lien is fried against the Lot of an Owner as a result of s`rvicOF performed, labor contributed or rnaterials furnished for the use of another Owner, the Owner permitting or causing such lien to be so Med agrees to cause such lien to be discharged prior to entry of final judgment (afie, all reasonable appeals) for the foreclosure of such lien and further agr to indemnify, defend and hold hastnlss the other Owner and its Lot against liability, loss, damage, costs or experts= (bncludhig reasonable attorneys' fees and coos of suit) on account of such claim of` lien. Upon rettuest of the Owner whose Lot is subject to the lien, the Owner permitting or musing the Lien to be flied are to promptly cause such lien to be relmsei and discharged of record, either by paying the indebtedness which gave rim to such lien or by posting bond or other cash deposit with the outer Owner, in an amount equal to one hundred fifty percent (150%) of the amount renuir l by law to obtain such reit s: and discharge. Nothing recti, shalt prevent an Owner prnitting or causing such. Tien from contesting the validity thereof in any manner suet Owner chooses so long as such contest is pursued with reasonable idiiigent.e and in good faith. In the event such contest is determined adversely (allowing for appeal), such Owner shall promptly pay in full the required amount, together with any interest, penalties, costs or other charges n=.essary to release, such Tier:. ARTICLE 4 4.1 ven.D. of Default. If any COwrrer fails to comply with any provision herein ('Defaulting Ovines`), tier, any other Owner ("Non -Defaulting Owner") may,,upon forty- five (45) days' prior written nod= to the Defaulting Owner, proved to cure the default (and shall have- a license to do so) by the. payment of money or performance of some other action for the account of the Defaulting Owner, The foregoing right to cure shall not be exercised if Within the forty-five (45) day notice period (i) the Defaulting Owner cures the default, or (11) if the default is curable, but cannot reasonably be cured within that tirne period, the DEC -10-202 14:42 CCLDIIFI 1 . BANKER BURNET 1 page 117 6516989356 P.06 Defaulting Ownerbegins to cure such default *rithiu attcit time period and thertaft dilige-"1y pursues such amioii to completion. The forty-five (45) day node: period shall not be required if, using reasonable judgment, tste,NoA-De„ fatiltirtg Owner d=ms that an =nergenDy exis=ts which reittt_ies Jnr t 1 to 6a. le, the event of scat at ernagrzn , the Non -Defaulting Oras Shall eye whatcvcr nail= to the Defaulting Owner as is reasonable under the cirettmstan .. Defaulting O :,tie hereby gr ntz tr., the Non -Defaulting Owner a Nonexclusive Tic r ova, across and under any and all parts of the Property owned or It. - ed by tate Defauldrtg Charnel for all puiposes reasorably necessary to nabFie the Non - Defaulting Own= (or its agents, co ors, or subcoa ors) to perform any of the ums, provisions, covenants or cortditioni ''of this Agreement that the defaulting Ow= is obllgat ; to perform but has failed to pe -.form after notic.. and the opportunity to cute ptl.rsnant to this paragraph, 4,2 Remedies. Within text (10) days of Written demand (including providing cop;= of invoien reflecting tom) the Defaulting Owner t211 reimburse the Noon -Defaulting Owner to cure the default, togethr with intr..= thereon. The plan-Defaul6mg Owner shall have a t? ht, ibe Defatating OwnerS Ownertight, title, and lutes, 4,-t in arra to the Defaulting Owx1&s Lot to secure payment of all amounts due to the Non -Defaulting Owner thereunder. The Nor•. -Defaulting Owner shall have the right, but not the obligation, to re Bari its len, but at ?1l times its lien pursuant to this paragraph shall be subj=t and subordinate to the lien of any mortgage now or hereafter' held by any institutional lender or any extension, renewal, mad -:ideation or refinancing thereof, in an amount now or hereafter pled on the Defaulting Owner's interest in that Owner's Teat and to any other lien of record against the Defaulting Owner's Lot as of the date that the Non -Defaulting Owner's Gen is recorded. `Mt Defaulting Owner shall execute such rostrum: rets and uo xrnents as the Non -Defaulting Owner may raLsonably request, to penult the recordation of such lien although by ac pang a deed to a Lot, an Owner waives the right to require that said Owner's prior approval be obtained in coune tion with r',.. nalisrg of such a lien. TheDefaulting Owner hereby irrevocably designates the Non -Defaulting Owner Shall have the right to forelose such lien in the manner provided for the for closure of a zeal estate mortgage, and for that purpose the Defaulting Owner hereby grants to the 1 on-Defauldng Owner the full power and authority to fore lose such lien and to sell the Defaulting Owner's Lot which is sub3e t to such lien at public auction according to the statute in such case provided and if not so provided in a manner similar to forclosure of a me Hanle°s lien as provided from time to time, and to apply the proceeds of thsale the pay all interest, and also to pay all costs and expens of such for losure rete, including the ntzd num statutory attorneys fees incurred prior to or during such fotxc1osurc and through any and all appals, which costs, expenses and fes the Defaulting Owner agre.:s to pay. 4.3 Rer wiles are i~crm Jattve: injunction Relief. All rimedi at: cumulative and shall be deemed additional to any and all other remedies to which any Owner may be entitled in law or in equity. Each Owner shall also have the right to restrain by injunction any violation or threatened violation by any other Owner of an of the terms, convents, or conditions of this Declaration, or to obtain a decree to compel performance of any such DEC -18--2002 14:43 COLDWELL BANKER BURNEi G°HVii,> r 'nv,.. „;.,;74,.p n page 118 6516989356 P.87 i3 �` it •Lvinng agi that the remedy at law fora bi ch Ci ��y °= tents, term or trt t id id ° t those, if any, requiring the payment of a liquidated such term t:rsvenastt, or condition feX _.. .... , .... Sum) is hast adeQttatt, : ;r 5 n.F . �. ute bexween the O t= shall i subie`t to . ,l x�n�tti� ro4tratior:}'uty � � „b � ��+ resolved byrite, mmizYt.... non binding resolutions by the Commlit=. If the dispute 'is not resp within a reasonable grs10 (which in the absence of a diifffrattt agreement by the Calms shall be deemed to be ten 11.0] clay$) or if an Owner does not accept the Corimitte 's resolution of the dispute, shall by determined by binding arbitration as follows: on ten (10) days viit:t i a notic by any Owner to the others, an aggrieved Owner shall designate an arbitrator and the Committer; shall designate another atvivator, and if the two arbitatnrs so appointed fail to resolve the issues in question within ten (10) days, a third arbitrator shall be selected by the two arbitrators so designated, All arbitrators sele: tett under this paragraph shall have extxeriente in eonneefion with maint nanCe, repair or construction of improvements similar to the item at issue, if the dispute•invoIves maint-fiance or construction, or shall have fanni:liasity, with the area or discipline which is the submit of the dispute. If either the aggrieved Owner or tete Comrnittee farts to designate an arbitrator within tete (10) days following notie, or if the two arbitrators designated fail to reach an agreement within five (5) days following their appoitttrn it and fail to agree upon z third arbitrator within five, (5) days thereafter, either the. aggrieved Owner or the Committee may seek relief flout any court of competent jurisdiction at a hearitig to be held following notice to all parties- 5pift fly, the court shall be authorized, amcing other things, to appoint one or mare arbitrators. the aggrieved Owner and the Committee shall be entitled to be represented by counsel in any arbitration priming- The difference or 'dispute shall be settled in a:: organ with the Uniform Arbitration 'Act and the.rales of the American Arbitration Association shall govern. The dwsion of the majority of the arbitrators, signed and aeknowledgel, shall be final and binding upon the parties.. To the extent feasible, the decision of the arbitators shall be rande within thirty (30) days after the matter is submitted to arbitration, although the parties may agree upon a shorterperiod. The aggrieved Owner and the Gonrtnitter ski each pay the costs and expenses of the arbitrator selmd by it as well as that party's own attorney's fes. The cost, fees and expensee of the third arbitrator, if any, shall be paid by the losing party in the arbitration prOxiing, and the definition of the "losing party" shall be determined by the arbitrators. Notwithstanding the foregoing, the arbitrators shall be permitted to allocate the expenses of the third arbitrator equally between the parties. If the dispute involves maintenance or repair, and the maintenance or repair work in question has not been performed prior to the arbitrators' dethsion, and the derision of the arbitrators provides that the work not be pa,.rformed in accordance with this Agroement, the decision of the arbitrators shall specify whether the losing party may.proci with the work. in question at that party'. s sole expense, and shall provide any further conditions and requirements with r:.spe t to see t work as the arbitrators may deem necessary or appropriate. 1 DEC -10-2002 14:e,4 COLDWELL BANKER BURNET page 119 6516989356 P.09 s c r flCLE intervt. Whenever and as oft; -n. as oat- Owner shah not ave maid wl sum (t ayable�h }� untie to nota er Own= ew+thinE 4fiiv (5) pyrs��of the` due f�L2te, such dehntti t O inn shat pay intents: on such `•2TXc IUt from the dart; such funds ra . expended by the , .tri-dehulting Owner to and including the date, such pvinerit is r: r ive by the Owe entitid thereto, at the Iess- of: Tne knigh=t rate- peirniud by 'yaw to be t aad on such type of obligation by: tri^. •� Owner :?bhgatd o make such payment, or Two percent (2%) per annum in.e .ss of the interest rate from time to tine publicly an tonne by Norw t Bang iviinnesota, National Association ("Norwest"), a national ban#xng as=iation havin,its main offices T inn ?is, Minnescita, or its 311=7.501,p�, 4s its refer=c� ;ate C"the /tate), even though NOrW t, of rF3 sur, .r+.ay ward fund&. its ustorn.'iz at interest mews that are at, above, or below the Reference, Rate.. . 6.2 Notie . Ail notices., demands, statements, and req=sts (collec4veiy "Notice) required or permitted to be gives; under this Deelaration must be in writing and shall be deemed to have bent properly given or srved as of the date hereinafter s ^tfiedr on the date of personal service upon the person to whom the notice is arldresaed or, if such person is not available, the date such notim is left at the address of the person to Wham it is directed, (ii} on the date one (I) day after the notice is postmarked by the United States Post Office, provided it is sent prepaid, registered or oYrtifiod marl, recur receipt rquested,. and (iii) on the date the notice is delivered by a eousier service (including Federal .:,xpress, apr=s Mail, Ernesy, Purolator, or similar operation) to the address of the person to whom : it ��i directed, provided it is sent prepaid, return receipt reouested , The addresses of IJ'e.la air�n are: Lon J. Lutz I I0 First Avenue N.E., No. z 10l Minneapoas, Minnotz 55413 DEC -10-20002 1444 COLDWELL BANKER BURNET page 120 i . v' PY1 sti r All i :?+p'' ns or entities het;.aEter i�►„,�vming an C3vrner shall i Vgisi..t.• their addit;ss `with each Owner by written Notice to the Committer and each other Owner given in.accordan=with this ParAglaPh. Each OwnV shall have the right frtira Bine to time and at any .taus . upsi e: last ten (10) days prior written notice ter :f f?::,•crdaaraz with the, pivwsions puri, in change its resp erive. addr- .s and to specify any other adds within tore- Sims of Aincrit . Refusal to accept daiivory of a noti^.t or the it bitity io.deLive a fOti be use of an address chart e. which was not proptrly communimted shall not defeat or delay the. giving of Notice. 6.3 Oondernnatiptt, En the event arty•por5oia of* sfralI b cndenired, the. award shalt be. paid to the Owner owning the Lot or the improvement taken:, ex pt that (i) if the. taking includes Road Arta improvements, such as utility lines., signs Or points of ingress or egress, the portion of tho award oil le thereto shall'be usui to relocate., replace. ar restore such Common Area improvements to a useful condition, and (rij if the tahirig includes casement rights granted under the terms of the peolaration, the portion of the award alto; ble to each such easement right snail be paid to the iespwtive Owner benefitt thEreby. Fr. addition to the foregoing; if a separate claim can be flied for the taking of any other propeny int.=2 existing pursuant to this Declaration which does not 3rrrt„ or diminish the amount paid to the Owner owning the land or the improvement taken, then the owner of such other property interest shall have the right to se'4 an award for the ging thereof. 6„4 Sinulin sffert, The terms of the Diaration and all easements granted. hereunder shall constitute covenants sunning with the land and shall inure to the benefit of and be binding upon Declarant and his resp-etivc su oessors and assigns who becorne Owners hereundr. This FJ=laxation is not intended to supersede, modify, amend, or otherwise change the provision of any prior instrunimt affecting the land burdened hereby. 6.5 Counterparts ani Si'tiature . This Declaration and any amendment of this Desiaration may be executed in several counterparts, each of which shalt be deemed an 'original. Signatures may be executed and acknowledged on separate ;ages, and when attached to the Declaration or any amendment shall constitute one complete document, - 6_6 Nnanion ,of Partnership. Mone of theterms or provisions of this Declaration shall be deemed to create a partnership between or among the owners in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each Owner shall be considered a separate owner, and no Owner shall have the right to act as an agent for another Owner, unless expressly authorized to do so herein or by separate written instrument signed by the Owner to be charged. 6.7 Not a Public Ideation, Nothing herein contained shall be domed to be a gift or dedimtion of any portion of the Property or of any Lot or porion thereof to the general public, or for any public rise or purpose whatsoever. Except as herein sp✓cifia1Ty provided, no iig,ht, privileges or immunities of any Owner hereto shall insure to the benefit bn lzt Y. I DEC -16-28=' 4:4s COLDWELL BANKER BURNE i page 121 6516989356 P,10 ' nor shall any third -party i e drained to t, a beneficiary of any of t. e of also third -party, �; provisions cor«-t herein,. t:11'(y Invalidation ,,,. f ` the provisions ccntained if this c�y��r4���,a�.�:llr. a�vaiSaa�ia7 fi'z any 6i Declaration, or of the, application thoV:Of to any F.ison. Jay judgment or court ot`ci shall in no way afevt airy of the other provisions hereof or the application thei- f td any other person and the same shall remain in full for= isle effort. . e..9 hmendment . %This Deelaration may i= am rtied hy, andetni by; a writYtn agement signed by ars of the then ttrrent a and shall i effctive only when l aided in the oMet. of the. eta County recorder (orl should the 1'i ipwty i)...dme "Torrens Land", the office of the Registrar of Title4),. Unlanssec. ifi lly provided for in any unit+ ncnt eXecutec,1 by all petrous who ax C)wrts under hitsWre=meat; ,no consent to the amndment of this Diaration shall ever be required of any bc^-upant, nor.shall any Oeeupant ether than an Owner. and Haat Owner's nes -`t.ive upaxits itave "any right to enforo any of the provisions hereof. 6..10 Lvithimivtiort of Damages, In all? situationsrigout of this Deciarailon, ail Owners shall attempt to avoid and minimize.the damages rrsitlting frena the ctrnciuet of any other Own. P*^h Owner hereto shall mire all rmsc riable meaSureS to effevittate the provisions of this De 1aration. • 6.11 'true. Time is of the essence of this De;^1aratior. 6,12 Non, J iver. The failure of a4 Owner to insist upon strict performance of any of the terms, covenants or conditions hereof' shall not be deemed a waiver of any rights DT remedies which that Owner may have hereunder or at taw or equity and shall not be ter ran.., a waiver of any subs cent breach or default in any of such' terms, covenants or conditions. 6.13 afo, intent. Any Owner may enforce this intron not by appropriate action, and should said Owner prevail in such action, that Owner shad to over any reasonable costs or unable attorneys' fees which may be incurred. 6.14 Constni;tion, The mle of strict construction shall not apply to the essernentt created under this Declaration or to the covenants set forth heroin. This Dwla:ation shall be given a reasonable. construction so that the. intention of the Owners toconf er reasonably usable benefits and r sonably enforceable obligations are carried out. -9- • DEC -10-2002 14:46 COLDWELL BANKER BURNET page 122 6516999356 P.11 • .'• • :•• ••• : ,' ... '..ph-. • . , . . . „ '; . , -. . , • " - : ( : - : .... •,. '.'.1-:. . 615 Rtil Regasdirp.TI of-Rbid Am. : To the ext=it the City of Mendota Heights i'ug,,ittits the 1,7s--etelarasit to control theilmd Ar-.., the. parties heret..e ag= that thc Rnad Are ShOuid bc. us.„, 01'1 . . • ,...;;;;;-7 „:',' ..•' i..'"-:'.4:-.:-. - . . • ;. :.:. ii..7...,i4;•0,:..i. Ai: -9:Ar?.;.):.,-, , , • ., •• • .. •::: ,•,',!....'•.:7A k, .,. .rn;;::'..1.,•t.;,'., ' • • • A. For vehiciz'acceSii-fronictlie ifediAlt,:.4 publ',- road ad* the.: cl.i.tj-tvwa. yi'art..'...01:road. :."..s''.... -Fro.."-.... M iny:: to time exisstinjgat4nupotntothth.-e)>P•i°roprrt.41):• • to - - ... y ... is anticipated thil'thclii6g*.ihe Rciad Area siall be a:instructed upon the PrOperty ritaterialki:.iSslif6*4 or pans and zpec apProireA is writing by petliarants.and On..file'With iachitectural Form (the 'Road 13.1an). ., ., ,,,..;,,,..,,,...,,;.c.,:,•:,.. ...,,;,....".;,,:;:i.,,,,..,,,...-,.: .: • For pw,;,..4trizrz -acss irtritt.:_h siciewa;ft and petitian zir_L-„tsi from drne to tiiit '..:..'....ist.iik.o-ri the Road Ana. . . - . : *. !:•,'..;: -,.: : •-• : C. Por the parkini, Of autoinobiles upon the,- parking areas designated on the plat of Foxwood; as eiristiog on the nate thereof. D. For the =I:vs:nation, reconstiuction, maint=anCe and repah- of such utility lines as may be it e,C=Sary or appropriate to aerie the intprove.,-ments constucted upon a Lot, F. Por the maintenance of the Road Area including the construction, r=ortstxuction, nexthe and repair of Road Area impmvements such as the road, lighting faciiiii=, die signage, landscaping and other facilities and systems serving the Road Area c3r facilitating the use of the Property as three residential sintie. family lots. D•larartt has cause this De:lalation to become effective as of the day and year first set forth above, subject m all of the tams and conditions set forth herein. DECLARANT: (Signatures continued on next page) - 10 La J. Lutz ( $ s Li {. Marie Askeg=rd 6.• Thomas iurp. • Phyll--is A. Abv,l,t_si-a.c._ L. •r. - Ra rt L. rsky Mary s. nersity , DEC -10-2902 14=46 COLDWELL BANKER BURNET page 123 6516989356 P.12 STATE OP mThz,iE OTA • j ss. COUNTY OF nt-P 1t4i _) • 'rte fort -pin instalment s an owiedgd bfore me. this U4.y o; i�F 199_1, by�r� : J . L t t f's and. f?YtrtL f���t � '���, tgy.iY GtY? L-: USA LINMNFELSER ! NC ARY F;.SUC:. UN Z-Sath RA`17S5.1' C^t''rry STATE OF MINNESOTA ) ss. COUNTY OE `qi)r .,L;P,:1 C. Notary Public f The foregoing instrument Was acknowledged before me this day of �•`r'r'i? / .f t99 -.t by /lfi:''TYy'(S �l(!r . t„/ _ �r lr�; tr(� ( a -and LISA LIWi05hr-5!.SER tdotort, PUf UC - RAMSEY CCL, m' My Corratr-:tieth 2, 19x Notary Public ' __ _ • -rgig,, • • TrX:1-1Tarr Dtscription of Road Arta • • .. ,. • • • *. :., ...::.•,.. ..........;,:?.•..,.., :. . , , .... piatt.,=:,•:i in t..116 pin. t •?f 'c-;.1i,E::•-rid., Dakbf..,,;:i Celi-itir,•'.:: mc...riri.,,,:t.;.i. :••• . . , • '...-: .. ,• , . •.:•••:....,,,..- : •; ... : : . , ', : •• ', .. .'••Y-;;•• .•-• .3••.:.... ...• : :- ••••,•.'• :i ' ,• • . . • • . ;• - • „ • :•; • •..gizzy— • • • . . . • . •. '-',OX.E.4•Ver:-::•i••• ;4.'7;1 • • -.. .DEC -10-28O2 14:48 COLDWELL BANKER BURNET page 125 6516389355 P.15 HARDRIVES, INC. page 126 November 4, 2013 Mike Bader 1673 Delaware Avenue Mendota Heights, MN 55120 Dear Mr.. Bader: At your request, 1 measured the slopes on Foxwood and viewed the road as well as the plat map you provided (see copy attached). My first comment is that 1 have been in the asphalt business for more than 40 years and I don't believe I have ever run across a private drive on a public right of way. I can't imagine why a city would want this situation. I have many times re -paved and improved private roads that a city takes over for one reason or another. My observations are as follows: Both of the slopes to the cul-de-sac and Wentworth exceed 6°. While traffic is light, I suspect these exceed the city code. The slope to Wentworth is probably the biggest concern due to Wentworth through traffic. I could bid the work with the parking pads as shown on the plat, but I would suggest you consider widening Foxwood to allow for parking on the east side of the street. By the time you install the pads and fix the grade to Wentworth, the cost would be about the same. Fixing the grade to the cul-de-sac would be more expensive. I would suggest moving the access to Lot 3 to the top of Foxwood (east) and leave the cul-de-sac a private drive. Where the plat shows the driveway access to Lot 3 makes no sense to me (tight turn on steep slope). Exhibit 3 page 127 If you have any questions regarding my observations, please feel free to give me a call. Sincerely, Ed Kieger Division Manager Hardrives, Inc. page 128 Page No. 3553 March 2, 1993 place plat WiJi include the conditions imposed by Council and the Planning Commission. Mr. Mazzara informed Council that although the preliminary p2at is for Somerset Place, it 1s possibj e that the name will be changed on the final. plat.. Oouncilmemb r Krebsbach moved approval of the preliminary plat for Somerset Place s17hj ect to tiie conditions recommended by the Planning. Commission and the following conditions discussed by Council.: submission of a $2,250. park. contribution, recording of the wetlands boundaries on the plat, preparation of an acceptable plan for a landscape buffer along the .lot line adjacent to the Garret property and particularly along the drive, recording of the high. _water. mark en the plat and mini mnm .basement e'1 ev'ations of four feet above €lie high water mark. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92-25, Mr. Steven Patrick was present to rec,ruast: ?A`IrRICK approval of a lot division and variance for development of Out_i of A, Mendota Woods Sn.bdi:v.i.s:ion. Council acknowledged a :report from Public Works Director Danielson :regarding changes which had been made to the proposed lot division as the result of the Fehruary 2nd Council discussion on the matter. Er. Patrick reviewed the changes which have been made since the. last Council discussion and briefly reviewed the plans and infoiluat;on he has submitted_ Mayor Me? tensc t to stated that the information :indicates that the actual costs of the driveway construction will be shared equally by the owners of Lot 11 and Outlot A. He felt that the driveway construction shouid be 1r. Patrick's responsibility as the property developer, pointing out that i.n the event that the driveway is not installed according to the drawings and specifications the city could then cause the improvement and assess for it. Mr. Patrick stated that he would agree to a condition that he be responsible fordri -ewav construction. Exhibit 4 page 129 December 22, 1992 Page 6 has not discussed the possibility of poi construction with the potential homeowners. Dr. Thomas Yu, potential landowner, responded it is hard to say what future landowners wish to do with their property. Commissioner Ti.lsen pointed stated the plans submitted have not been signed and certified by the preparers. Mr. Mazzara stated he has a letter from the biologist and that he will be sure to get signed and certified plans for Council review. Chair othe public hearing. Comm ner Dreelan seconded the AYES: 6 NAYS: 0 Commissioner Tilsen'moved to recommend that the City Council approve the proposed Planned Unit Development with the following conditions: 1. That the plans be signed and certified by the preparer. be twenty-four. feet (24') wide 2 , That the access roadway and the driveways be twenty feet (20') wide. 3. That the following be included within covenants to be filed with the plat: a. That the City be able to enforce snowremoval. from the full twenty-four foot (24') width of the access road. b. That the driveway access road 1be dngu esignfteddea fire access Lane and riOon at Least. an C. That septic systems be pumped annual basis. d. That should City water become available prior to City sewer, automatic water shutoffs be installed in the event of power failure. 4. No wetlands permits will be allowed. prevent 5. Septic by tstem raffic afficrain field areas be dur ng the construction of homes. compseptic tanks to allow for 6. That access be maintained to pumping.roved by 7. That individual home designs be reviewed and. app the City Planning Colim .ssion. Commissioner Koli seconded the motion. II Exhibit 5 I ..1A0 Ds 3 EXHIBIT 0 ATTACTIMPET TO DOC. No.. 1116605.. ' 7,a1 'f,-.1,1•1, I 1 Exhibit 6 • . ....... • • • — ...... I page 130 Da 4a siTh'ORTI-1 AVE 0 • A ' s• • 1 1 111 t/lOS3NNlW`11111047I1V t/lOS3NN%fidatilrmv page 133 of Publication State of Mhmesota SS County of Dakot» /QNN8]0]ILLEN ' - . being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the pubiisher of the newspaper known as REVIEW stated below: . and has full knowledge of the facts which are (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota8tatUte 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each wa week, for 1 ouuueookevve�h�� it� ��SUNDAY�pub|iahed oSUNDAY. the 11TH day of MAY . 2014 . and was thereafter printed and published on every to and including . the day of . 2O; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is heeby acknowledged as being the size and kind of type used in the composition and publication of the notice: Subscribed and sworn to before me on 12TH •ARI A- NotaryPublic' *Aiphabet should be in the same size and kind of type as the notice. �m BY: . TITLE LEGAL COORDINATOR TONYA R. WHITEHEAD m�"�����n�a��� RATE INFORMATION Notary Public -Minnesota '' Commission � �_�� ,�� x�m ' w*uvmmymmn�vm���"..""= (1) Lowest classified rate paid by commercial users for comparable space $25.00 per col. inch (2) Maximum rate allowed bylaw for the above matte$25.00 per col. inch (3) Rate actually charged for the above matter per col. inch 1/14 page 134 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING A PUBLIC HEARING ON A • ` REQUEST FOR A CONCEPT PLANNED"UNIT DEVELOPMENT PLAN TO WHOM IT MAY CONCERN: • NOTICE is hereby giveirthat the :''Planning Commission tof;Mendota Heights will meet at 700,R.M.,.or as soon as possible thereafter; on ,'Tuesday, May 27, 2014 in,the City Hall. Council Chambers;";`1101 ;Victoria Curve, Mendota: Heights, Minnesota, to'. <' consider. .,an application for a Concept Planned Unit. Development Plan: at 1673 Delaware Avenue and .Lot 3 •of the Foxwood Plat. This request ' has t been assigned Planning Case Case a number 2014-14. ,-This notice is pursuant to ;Title 12 (Zoning),; Chapter 1 of the Mendota Heights City Code. Such persons as desire to be heard with reference to this request will be -heard at this meeting:-' Lord Smith City Clerk (South-West Review' May 11;:2014) page 135 Planning Case 2014-14 Public Hearing Notice Mailing List 0 0 0 270240077010 600 WENTWORTH AVE W ALMA H DERAUF 270240077020 610 WENTWORTH AVE DAVID C TSTE WEYERHAEUSER 270240075010 1611 DELAWARE AVE FRANK HICKEY 278340001011 1625 DELAWARE AVE GREGORY G & LORI A HOLLENKAMP 0 ea m 0 © 278340001035 GREGORY G & LORI A HOLLENKAMP ED 270240076020 O 1695 DELAWARE AVE JAMES P & MICHELE M KOLAR 278340001020 O 524 WENTWORTH AVE W JEFFREY & CHRISTINE ROGERS 0 278340001032 JEFFREY & CHRISTINE ROGERS 0 10 270240079023 1737 DELAWARE AVE JOHN C WEIKERT co m 0 ea 278340001034 1651 DELAWARE AVE JOYCE JAMES E JR REV INTERVIVOS ED TST 273110000020 LAWRENCE H KING 278340001031 540 WENTWORTH AVE W LISA A GRAY 277112001020 679 HIDDEN CREEK TRL LITTON E SHIELDS JR FIELD 272762001010 548 FOXWOOD LN LON ] LUTZ 270240076010 1673 DELAWARE AVE MICHAEL & MICHELLE BADER 272762001030 MICHAEL M & MICHELLE BADER 273110000010 RED OAKS OF DAKOTA CTY INC 272762001020 554 FOXWOOD LN TIMOTHY J AUNE 270240078010 1707 DELAWARE AVE TIMOTHY M & GAYLE M OBER 270240077010 600 WENTWORTH AVE W ALMA H DERAUF Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is nota Map Scale legal document and should not be substituted for a title search,appraisal, survey, or For zoning 1 inch = 636 feet •r:r: page 136 May 22, 2014 City Staff City of Mendota Heights RE: Planning Case #2014-14 Planning Commission Members, Members of the City Council, and City Staff: My name is Tim Aune and I reside at 554 Foxwood Lane with my wife Anne Miller. We support the opinion that the application by Mike and Michelle Bader does not qualify under Code to be processed as a PUD. Furthermore, with regards to moving ahead with the application being a standard plat, we respectfully ask that the Planning Commission recommend, and the Council deny the proposed application. I hope to attend the meeting on Tuesday. While not salient to what the Commission will review, the application and report refers to the private Operating Agreement and Covenants. Should you care to hear an alternative opinion to those references, or if there are other issues related to the application where you would like an adjacent landowners input, I will be more than happy to answer any questions Staff or Commission members may have at that time. Respectufully, Timothy J. Aune page 137 VIA E-MAIL ONLY May 22, 2014 Mr. Nolan Wall City Planner City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: May 5, 2014 Bader Application for Concept PUD Dear Mr. Wall: I am writing in response to the above -referenced matter. Regretfully, we will be in Omaha, Nebraska at a family celebration and will not be able to appear at the meeting of the Planning Commission on Tuesday, May 27, when this item is scheduled for comment. I trust that this correspondence will be shared with the City Planning Commission and will serve in our stead to present our opposition to this latest plan. While this may be a new subject for you, as City Planner, Mr. Wall, it is certainly not new to us, the Planning Commission or the City Council. I will not now reiterate the entire history that Foxwood has had with the City from its inception in 1993. That can be accomplished at a later date should the City require a summary. However, in March 2003, shortly after purchasing Lot 3, the Baders initiated their attempts to change Foxwood, by extending the Foxwood Lane right-of-way and thus constructing a road across Lot 3 of Foxwood. This request came complete with plans to subdivide both Lot 3 and the back acreage of their Delaware home into many lots, with all traffic using Foxwood Lane for ingress and egress. This plan was opposed by the owners of Lot 1 (Lutz) and Lot 2 (Aune/Miller), as well as the owners of the properties adjacent to Foxwood. The petition was denied by the City in July 2003. I mention this initial attempt by the Baders for several reasons. First, the Baders purchased Lot 3 Foxwood, with full knowledge that it was encumbered by Restrictive Covenents that would not allow for the construction of a road across Lot 3 without the approval of the other two lot owners in Foxwood. While the City has no authority to enforce Restrictive Covenents, and we would not ask the City to do so, it is informational, at the least, to acknowledge their existence. With regard to said covenents and a proposed road, Mr. Bader DOES NOT and WILL NOT receive the consent of the owners of Lot 1 or Lot 2. The arguments against this concept plan are exactly the same as the arguments made in 2003, 2010, and 2012. Nothing has changed. The owners of Lots 1 and 2 purchased lots and built homes in a small, quiet 3 -Lot development on a private road (with a public right-of-way). The City approved Foxwood as such, with no mention of further development and the lot owners have the right to rely on that. page 138 Second, it is clear that the Baders, upon purchasing Lot 3, had no intention whatsoever of honoring the Restrictive Covenents that the owners of Lots 1 and 2 relied upon in the purchase of their properties. Indeed, the Baders state very clearly in the subject submission. "In 2003 we purchased Lot 3 Foxwood with the expectation that we could gain access for the lots in our western property from Wentworth." (May 5, 2014 Application for a concept PUD, p. 1, para.1; emphasis added) If the Baders had any consideration whatsoever for the property rights of their prospective neighbors in Foxwood, it would have been prudent, not to mention polite, to check with them regarding the possibility of development prior to making such an investment and forming such an expectation. Third, the Baders suggest that Foxwood Lane poses a significant public safety risk. I am surprised that the Baders would invest in a lot on a road that presented such a risk. Of course, there is no such risk, this is really just the latest in a long list of tactics the Baders have attempted to use in getting the City to alter Foxwood. If the primary concern of the Baders were truly public safety, why wouldn't they just ask the City to widen the road within the right of way? Public safety does not also require a public street and multiple additional lots tacked on to Foxwood. Foxwood Lane does not present a risk to public safety. Indeed, when the road was constructed the City was very involved in every last detail regarding the road, it's width and even the placement of the home on Lot 1. (See Exhibit 1) The Baders mention the recent arbitration regarding the placing the final wear course on the road. Despite the contention otherwise, the only real subject of arbitration was that wear course. Prior to Bader's demand for arbitration, all owners agreed to obtain bids to soften the grade of Foxwood Lane as it joins Wentworth. The Baders had a contractor that suggested he could do the job but then delayed to the point that the weather would no longer allow the work. Indeed the major usefulness of the arbitration was that it set a deadline of June 30 for the work to be done on the grade and for the wear course to follow. Any issue regarding parking was deemed by the arbitrators to be not ripe for decision as the Baders do not yet reside in Foxwood and are thus unaffected. Fourth, it bears mentioning that the primary issue at the intersection of Foxwood Lane and Wentworth is not Foxwood Lane. It is Wentworth and it's grade combined with speed of traffic, absent shoulders, steep ditches and no guardrails. We are softening the grade of Foxwood and widening the mouth to the width of the culvert in order to accommodate easier ingress and egress by any driver during any kind of weather. Indeed the County recently added the stop sign to remind drivers to take care when entering Wentworth. Adding significantly more vehicle traffic to Foxwood and joining Wentworth at that intersection, as suggested in the PUD Concept plan at issue, would create a far greater public safety risk. I appreciate that the Planning Commission would like to find a solution to this issue. Unfortunately, there really is no solution that involves and extension of Foxwood Lane that would be fair to the other lot owners. If the Baders would like to develop the back acreage of their Delaware home, I would again suggest that they utilize all 10 of the acres that they own rather than placing the entire burden of their development aspirations on the other Foxwood residents and our neighbors. They have far more room between their Delaware home and the property line to place a public street than there is between our home and the property line of Lot 1. In that scenario their property alone would bear the burden of the development - as it should be. Thank you for your time and consideration. Sincerely, Jennifer and Lon Lutz w/attachment Cityof AEU Mendota Heights March 4, 1993 Mr_ Gerald Mazzara 4801 West 81st Street, Suite 101 Minneapolis, MN 55437 Dear Mr_ Ma.zzara•. 1 am writing to formally notify you that the City Council, at its March 2, 1993 meeting, approved your Preliminary Plat for Somerset Place and a thirty foot (30') front yard setback variance_ for Lot 1. The approvals are as proposed in Planning Case File no 92-31 on the Preliminary Plat dated February 8, 1993_ The City Council placed the following conditions on the approval Of the preliminary plat and the front yard setback variance 1 That there be no Wetlands outlot. 2. That the Wetlands area, as shown, be protected by a scenic easement that would be filed with the plat_ 3 That a fifty foot (50') right-of-way be platted, enclosing the private roadway - 4 That thirty-five foot (35') wide utility easement be platted along the eastern boundary , 5. That a twentyfoot (20') wide, paved driveway be installed with the right-of-way. 6_ That the building pad for Lot 1 stay one hundred feet (100') away from the Wetlands. 7. That no future wetlands Permits be allowed. 8. That septic system drain fields be fenced to prevent compaction by tfaffic during the construction of homes. 9 That access be maintained to septic systems to allow for pumping. 10_ That the minimum acreage of the lots by 2 1/2 acres. ter 11. That the developer work with the City y trail through thester plan has been completed to determine ir needed. e%h1i,3 1 1101 Victoria Curve. .Mendota Heights, MN • 5 118 452-1850 Mr. Gerald Mazza.ra _. Page two 12. That the basement elevation: of each housing unit be a minima of four feet (4') above the high water level and that said basement elevations be depicted on the plat. 13. That a park dedication, fee of $750 per new lot, for a total of $2,250 be paid prior to final plat signatures_ 14_ That the Wetlands survey be depicted upon the plat. 15. That an acceptable landscape buff r e established by d a otgfthe as a eastern boundary of the property, pkv Your next step should be to prepare a final plat for approval by the City Council. It will be placed on the roved P el City Cpunnarycil' S consent agenda if it confoz-mswith vr�.11 have to be paid prior to the The park dedication fee of $2,250 City's signature on the final plat. Please contact Jim Dan elsenton to process the approval of the Final Plat and to arrange paw the park dedication fee_ Thank you for your patience and determinationioz al sthroughout n his lengthy approval process, your p appreciated. Good luck with your new development! Sincerely, Kevin Batchelder Administrative Assistant cc: James E. Danielson, Public Works Director I have asked Gary Caufield to appear on my behalf this evening, as I am unable to attend personally. I own the property noted as the Gray property on the various plat drawings that have been presented to the Commission. I have previously voiced my concerns about the proposals that the Baders have presented for developing their property. To date none of the proposals presented by the Baders address the concerns that I have raised, nor for that matter the concerns raised by the neighbors most affected by the Bader's plans. Indeed, it seems impossible -to mlhow any plan that calls for the widening of Foxwood would not have a material adverse impact on the Lutz property. Moreover, although not directly relevant to the City's decision, each of the plans submitted by Bader violate the covenants to which my property is a direct beneficiary. Until and unless these concerns are addressed to my satisfaction, I will not agree to any permanent or temporary easements necessary to build the required public infrastructure.