Loading...
1990-05-01 CouncilCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA May 1, 1990 - 7:30 P.M. 1. Call to order. 2. Roll Call. 3. Agenda Adoption. 4. Approval of April 17th Minutes. 5. Consent Calendar a. Acknowledgment of the April 11th Parks and Recreation Commission Minutes. b. Acknowledgment of Vasatka-Goers VFW Post Donation. c. Acknowledgment of Progress Report - Police Officer Appointment. d. Approval of CAO No. 90-01 Modified Site Plan for Richard Askler. e. Approval of Final Plat for Victoria Highlands 8th Addition - RESOLUTION NO. 90-25.. f. Approval of the List of Contractors. g. Approval of the List of Claims. Consent Calendar 6. Public Comments 7. Bid Award and Hearings: a. Neighborhood Park Improvements Bid Award b. Case No. 90-03: Centex Homes - Rezoning, CUP for PUD,.Prel. Plat, Wetlands - 8:00 (Recommend continuing to May 15, 1990 at 8:15 P.M.) C. Case No. 89-25: Dodge Nature Center - CUP for PUD - 8:00 - RESOLUTION NO. 90-26 8. Unfinished and New Business: a. Case No. 90-11: Loving - Variance b. Case No. 90-12: J.A. Development - Wetlands Permit C. Case No. 90-09: Gesell - Preliminary Plat d. Amendment of Fire Prevention Code - ORDINANCE NO. 270 e. Participation in Joint Power Agreement for South Metro Hazardous Material Response Team - RESOLUTION NO. 90-27. f. Workmen's Compensation Insurance. g. Proposed Rescheduling of Council Meeting Dates. h. Air Noise Discussion - RESOLUTION NO. 90-28. i. Reminder of League of Minnesota Cities Conference. * j. Consider Invitation from Dakota County to Discuss Solid Waste Issues. 9. Council Comments 10. Adjourn to Wednesday, May 2, 1990 at 7:30 P.M. for the Board of Review. CITY OF MENDOTA HEIGHTS MEMO May 1, 1990 TO: Mayor and City Council FROM: Tom Lawell, City Administrator SUBJECT: Add On Agenda for May 1, 1990 One item has been added to the Unfinished and New Business section (*) of the agenda. 3. Agenda Adoption It is recommended that Council adopt the revised agenda printed on pink paper. 9j. Consider Invitation from Dakota County to Discuss Solid Waste Issues. Verbal Discussion MTL:kkb f Page No. 2778 April 17, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 17, 1990 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Anderson, Blesener, and Hartmann. Councilmember Cummins had notified the Council that he would be late. AGENDA ADOPTION Councilmember Blesener moved adoption of the revised agenda for the meeting, as amended to remove items e., housemover escrow refunds, and f., well abandonment payment, from the consent calendar. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Hartmann moved approval of the minutes of the April 3rd regular meeting. Councilmember Blesener seconded the motion. Ayes: 4 Nays 0 CONSENT CALENDAR Councilmember Anderson moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the March 27th Planning Commission meeting. b. Acknowledgment of the Treasurer's monthly report for March. c. Acknowledgment of the Fire Department monthly report for March. d. Approval of the list of claims dated April 17, 1990 and totalling $189,193.57. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 . r Page No. 2779 April 17, 1990 HOUSE MOVER ESCROWS Council acknowledged and discussed a memo from Engineer Eckles recommending the refund of escrows for the removal of three houses from City owned property. Council was informed that all work has been completed at 2141 Highway 55 (Otting Movers), and at 2143 Highway 55 (John Winzig), and that 95% of the work at 1805 Delaware (Mark Goldberg) has been completed, but the house can't be wheeled off the storage site until road restrictions are lifted. Councilmember Anderson moved to authorize the refund of escrows submitted by Otting Movers and John Winzig and to authorize staff to refund the escrow submitted by Mark Goldberg be refunded after the house has been removed from the City limits. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 WELL ABANDONMENT Council acknowledged and discussed a memo from Engineer Eckles informing Council that the Associated Well Drillers bid for abandonment of six wells on City property was $10,290, but that the contractor has submitted a final payment request for $16,650. Public Works Director Danielson informed Council that the County added some strict requirements, which complicated the abandonment process, after the contract was awarded. He explained that the County has sent the City a letter asking that the contractor be given a compensation increase because of the new requirements and that staff has carefully reviewed the itemized costs and recommends that a fair compensation would be $12,708.74. Mayor Mertensotto stated that if Council approves the recommended increased payment, the contractor must accept the payment of $12,708.74 as full settlement of the claim. If the payment is not acceptable to the contractor, he must make written request to Council as to why the payment should be increased over his original bid. Councilmember Hartmann moved to authorize reimbursement to Associated Well Drillers, Inc. in the amount of $12,708.74 as payment in full for all well abandonment procedures Page No. 2780 April 17, 1990 performed to date, and to commend staff for their invoice review. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 PROCLAMATION Council acknowledged a memo from Administrative Assistant Batchelder informing Council of an offer from the Mendota Heights Garden Club to donate a tree for the Civic Center site. Assistant Batchelder informed Council that the Club would like to donate a Red Splendor Crab Apple tree to be planted along Victoria Curve, between the curb and the parking lot. A dedication ceremony is planned for 9:00 A.M. on Arbor Day, April 27th. Mayor Mertensotto read a proposed proclamation commending the Club. Councilmember Blesener moved adoption of a "Proclamation Acknowledging a Tree Donation by the Mendota Heights Garden Club." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Council acknowledged a memo from the Public Works Director regarding complaints received on the proposed construction of the trail along Victoria Road and blacktopping of the trail in Valley Park. Council also acknowledged a copy of a letter from Mn/DOT to Virgil McQuay with respect to relocating the Victoria trail. Mr. Virgil McQuay, 976 Kay Avenue, was present to object to the proposed location of the Victoria Road trail. He felt that the trail should be along the south side of Victoria from Lexington to Marie rather than the north I ide as proposed. He felt that a trail along the south side would be safer and less costly to construct. Mr. McQuay informed Council that he met with a Mn/DOT representative who informed him that if the City submits a proposal for the location he proposes, Mn/DOT will review it to see if it is feasible. He asked the Council to direct City engineering staff to meet with him and his neighbors and prepare new plans to submit to Mn/DOT. Councilmember Blesener suggested that construction of the subject trail link could Page No. 2781 April 17, 1990 be delayed until a response is received from Mn/DOT but stated that there is a considerable difference of opinion over safety. She pointed out that locating the trail on the other side takes the trail away from the link to the school property and would present a safety hazard for children crossing at an uncontrolled intersection. She stated that there were public discussions on the trail in March, and at that time it did not seem appropriate to change the location. She further pointed out that the Park Commission did not agree with Mr. McQuay's suggested change at their public hearing. Mayor Mertensotto informed Mr. McQuay that he may contact the engineering staff to get whatever information he needs to determine whether the current design is faulty. He stated that he would like to give Mr. McQuay every opportunity, but does not agree with a request to direct staff to prepare another set of plans and specifications contrary to what has been approved. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that to accommodate Mr. McQuay's request for preparation of plans to submit to Mn/DOT, would require at least two days of staff time for surveying and preparing drawings. Mayor Mertensotto stated that Council has an adopted procedure and Mr. McQuay is asking the City to spend two days of engineering time for redesign. He stated that he does not want to .set such a precedent. He informed Mr. McQuay that Council will not direct the engineering staff to redesign an alternate. After considerable discussion, Mayor Mertensotto stated that Council will direct the engineering department to be as cooperative as possible in providing information to Mr. McQuay, but will not direct additional surveying. Mayor Mertensotto informed Council that he has received a call from Bernard Friel objecting to the paving of the Valley Park Trail. Councilmember Blesener stated that during the Citizen's Park Committee discussions on the Page No. 2782 April 17, 1990 matter, Mr. Friel wanted the trail to remain a dirt trail, but that he was in the minority. She stated that at that time the majority of the committee supported blacktopping the trail, and this position was recently reaffirmed by the Park Commission. She pointed out that the referendum information informed voters that the trail would be bituminous. HEARING, CASE NO. Mayor Mertensotto opened the meeting for the 89-34, M.I.S.T. purpose of a public hearing on an application from Minnesota Indoor Soccer and Training, Inc., for an amendment to the Zoning Ordinance to allow participatory athletics as a conditional use in the industrial districts and an application for conditional use permit for an indoor soccer arena proposed to be constructed at the southeast corner of Mendota Heights Road and Northland Drive. Council acknowledged reports from Public Works Director Danielson, Administrative Assistant Batchelder and City Planner Howard Dahlgren along with letters of support from St. Thomas Academy, Mend -Eagan Athletic Association and the Minnesota Youth Soccer Association. Council also acknowledged a "Project Narrative" submitted by MIST. Mr. Jerry Haarman, representing MIST, and the architect and contractor for the project were present. Mr. Haarman reviewed the site plan and architect's renditions of the proposed facility, to be located at Mendota Heights Road and Highway 55. He informed Council that the proposed 55,000 square foot industrial building will consist of two wings containing playing surfaces, and will be joined by a central glass block entrance core. Access will be from Northland Drive. The building will be finished on all sides with decorative grey block with a forest green border on the top. The intent for the facility is participative sports, not spectator sport. Mr. Haarman stated that he feels this will be the premium soccer facility in the United States. Council was informed that MIST currently has a very successful facility in ' Maplewood. Mayor Mertensotto asked whether part of the overall design is to have a retail activity on the site. He informed the applicants that he would have no objection to sales as long as it Page No. 2783 April 17, 1990 is strictly supportive of the activity in the building, an activity similar to a pro shop at a golf club facility. Mr. Haarman responded that the structure is really an industrial building and not retail space, and that the only sales would be related to the athletics being conducted in the facility. Councilmember Blesener felt that there should be outlet drives at the remote ends of the parking lot and that perhaps some of the parking stalls could be eliminated so that the sidewalk could be extended for better pedestrian act --en. (rcc,2s5>.. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilmember Blesener moved adoption of Ordinance No. 269, "AN ORDINANCE AMENDING ORDINANCE NO. 401," to allow participative athletics as a conditional use in an industrial district. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 . Councilmember Hartmann moved adoption of Resolution No. 90-22, "RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW MINNESOTA INDOOR SOCCER AND TRAINING (MIST) TO CONSTRUCT AND OPERATE AN INDOOR SOCCER FACILITY," as amended to add a tenth condition to stipulate that any retail sales are restricted to providing support service for the participative athletics conducted in the facilities. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 Councilmember Anderson moved.approval of a building permit for the Indoor Soccer Facility, subject to review and approval of the plans by City staff. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Page No. 2784 April 17, 1990 CONTINUED HEARING - Mayor Mertensotto opened the meeting for the CASE NO. 90-05, FOTO purpose of a continued hearing on an applica- MARK tion from Foto Mark, Inc., for a conditional use permit to remove approximately 10,000 cubic yards of excess fill from its property. Council acknowledged a report and recommendation from the Public Works Director. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Mr. Mike Meagher, Foto Mark plant manager, informed Council that his firm agrees to the conditions imposed by the City, including the condition that the City streets will be kept clean of dirt resultant from the grading and hauling operations. He also stated that excess black dirt from the site will be made available to the City. Councilmember Blesener felt that a time limit should be placed on the permit. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing be closed. Councilmember Anderson seconded the motion. Councilmember Blesener moved adoption of Resolution No. 90-23 "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A MINING OPERATION," as amended to add a sixth condition stipulating that the conditional use permit will terminate on June 1, 1991. Councilmember Anderson seconded the motion. Councilmember Cummins arrived at 8:50 P.M. BRIDGEVIEW SHORES Council acknowledged the feasibility study for IMPROVEMENTS proposed improvements to serve the Bridgeview Shores 2nd Addition. Councilmember Hartmann moved adoption of Resolution No. 90-24 "RESOLUTION ACCEPTING ENGINEER'S REPORT AND ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, AND STREET CONSTRUCTION TO SERVE BRIDGEVIEW SHORES Page No. 2785 April 17, 1990 SECOND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO 90, PROJECT NO. 1)." Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 SIBLEY PARK SITE Council acknowledged and discussed a memo COMFORT STATION from Public Works Director Danielson recommending that Kodet Architects be appointed as the architects for design of the park shelter to be constructed at the Sibley Park site. Mayor Mertensotto expressed concern over the liability provisions in Section 12.2 of the proposed architectural service agreement. City Attorney Hart responded that the proposed language is frequently requested but not frequently granted. He felt that it is not unfair to ask the architects to be responsible for their work and agreed that the language should be changed. Mayor Mertensotto also felt that there should be strong language in the agreement so that the architect understands that they agree to designing a building in the $50,000 range for a minimum fee of $5,000. He was concerned that the way the agreement is written, if the design resulted a cost exceeding a $50,000 building cost, the City would have to pick up added architectural costs for any changes needed to reduce the building cost. Councilmember Anderson suggested that the agreement should stipulate a building cost no greater than $50,000 After discussion, Councilmember Blesener moved to authorize Mayor Mertensotto to execute an agreement with Kodet Architects for design of the Sibley Park comfort station, as amended to delete the proposed Section 12.2 and to add a new Section 12.2 to obligate the architectural firm to design a building within the $50,000 budget. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 SIBLEY PARK PLANS Council acknowledged and discussed preliminary plans and preliminary cost estimates, prepared by Barton-Aschman Associates, for the Parks Commission's preferred alternative (F) sketch Page No. 2786 April 17, 1990 plan for the Sibley Park, along with staff memos and a project timeline. Councilmember Blesener moved to authorize Barton-Aschman to prepare formal plans and specifications for Sibley Park based on the preferred sketch plan alternative F. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 VICTORIA TOWNHOMES Council acknowledged a memo from Administrative Assistant Batchelder regarding a request from J.A. Development for a proposed change in the Declaration of Covenants, Conditions and Restrictions for the Victoria Townhomes P.U.D. to allow four season porch additions to the townhomes. Council also acknowledged a letter of intent from the developer and a consent letter signed by the members of the homeowners association. Responding to a question from Mayor Mertensotto, a representative of J.A. Development stated that the homeowners association is responsible for maintenance of the structures. Councilmember Blesener moved approval of the requested amendment to the Victoria Townhomes final PUD plan, Acknowledging Amendment to the Declaration of Covenants, Conditions and Restrictions. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 FURLONG UPDATE Council acknowledged a report from Administrator Lawell regarding staff's investigation into issues raised at the last Council discussion on the Furlong neighborhood. Mayor Mertensotto introduced Mark Ryan, MAC Airport Planner, and asked that Mr. Ryan review overall MAC planning with regard to sound abatement and buyout funding availability. Mr. Ryan responded that there have been several recent newspaper articles regarding Part 150. He stated that MAC has been trying to address the issue of air noise since 1984 and has conducted a Part 150 study through the Page No. 2787 April 17, 1990 MASAC. He informed the Council and audience that yesterday the MAC received a letter from the FAA which spells out several of the programs available under Part 150, basically responding to 23 points included in the MAC noise compatibility program. Included in the program were items related to specific operating procedures to reduce noise, and nine land use measures (including noise insulation). Of the land use elements of the Part 150 program, four items dealt with specific land use issues, including buyout, as a last resort. The program also sets guidelines for federal participation in sound attenuation and a purchase assurance program. He stated that MAC hopes to implement the Part 150 program over the next couple of months. The plan included $60 to $70 million of work that could be accomplished over the next 15 to 20 years. Certain areas around the airport will be eligible for participation in federal projects - this is not a blanket approval, but certain areas will be eligible to apply for funding assistance. The MAC will be working for the next several months to specifically design a program for implementation and decide on priorities. During the process, MAC will be working with all communities which surround the airport and will involve the City staff in the process. He informed Council that the FAA very specifically disapproved any measures which put a constraint on operations. Councilmember Anderson stated that he had seen a recent program which elaborated on purchase assurance, and that what is envisioned at this time is that where air noise is detrimental, money would be used to purchase a property, insulate the structure and re -sell it. Mr. Ryan responded that his understanding is that homes would be acquired, retrofitted, and returned to the market and that purchase assurance is strictly related to aircraft noise. He further stated that MAC is very concerned about the Furlong Addition and will work closely with City staff. Mayor Mertensotto asked what can be foreseen in terms of availability of federal money for buyouts or insulation for the Furlong area. He also asked what the priority of the Furlong area is in respect to the 23 points and where Mendota Heights stands in terms of priority. Page No. 2788 April 17, 1990 Mr. Ryan responded that the earliest any funding would be available for anything is a year from now. Mayor Mertensotto asked whether there is anything the Council should be doing so that when funds become available, Mendota Heights will have equal status with other cities. Mr. Ryan responded that MAC has been working with the City staff in developing the Part 150 study and will continue to do so. Councilmember Blesener asked what it would take for the Furlong area to be moved to the top of the priority list. Mr. Ryan responded that Mendota Heights is a major arrival and departure corridor, and a high priority area. At the same time, the Part 150 lays out noise contours, which will establish the maximum extent of any federal participation. The Furlong area is right on the edge of the contour, and is included within the eligible area. The federal program deals with two contours, LDN 75 and 65, and that the program is focusing on corrective measures within LDN 75. At the same time, MAC recognizes the need to protect the 29L and 29R corridor. Responding to a question from Councilmember Blesener, Mr. Ryan stated that a commitment on how funding will be applied will be made by the end of this year, but that there is no guarantee that the funding will be made available, since the FAA has control. Councilmember Anderson stated that he understands that what was submitted to MAC was a 23 point noise reduction program. He asked whether there is any buyout program and whether Council can anticipate buyout or whether it should expect purchase assurance and insulation. Mr. Ryan stated that some type of a buyout arrangement is what MAC Executive Director Hamiel anticipates, but he further stated that it is his understanding that there are other Furlong area problems other than air noise. Councilmember Cummins asked whether it is fair to assume that the highest priority will be given to those homes within LDN 75. Mr. Ryan responded that the assumption is correct right now on a major scale, but a Page No. 2789 April 17, 1990 great deal will depend on the implementation MAC will be working on. Councilmember Cummins also asked what is reasonable to expect - it seems logical to assume that the priority will be given to those homes closest to the airport and the Furlong Addition will not be first on the list and more likely it would be 3 or 4 years before money is available. Mr. Ryan responded that past history would support this conclusion. Councilmember Blesener asked whether any other communities have specifically requested money for a buyout. Mr. Ryan stated that several have, but have been told there is no list and no application form. Mr. Thomas Swenson, 1294 Kendon Lane, asked whether MAC and the City can work together (Part 150 funding and TIF funding) to make buying out the neighborhood a reality. Mayor Mertensotto responded that from what Mr. Ryan has stated, there may be funding available in 1991 to implement a buyout program. Mr. David Hiner, 1312 Furlong, stated that there was a neighborhood petition to MAC in 1972 for a buyout. He stated that since MAC bought out 55 homes in the Acacia area it has .made it very costly to bring utilities into the Furlong area. In response to a question from Treasurer Shaughnessy, Mr. Ryan stated that about $3.8 million would be available per year to fund all of the Part 150 activities. With"respect to neighborhood buyout, Councilmember Anderson pointed out that the properties have problems other than air noise, and he did not feel Council should create an expectation that MAC will buy properties if they are unsaleable for other reasons. Council discussed the five issues addressed in Administrator Lawell's report: status of TIF funds; an analysis of benefit, prepared by Davis & Lagerman, Inc., with respect to utility and road improvements; "common" on- site utility systems; limited well testing Page No. 2790 April 17, 1990 options; and a review of uniform rate septic system pumping information. With respect to tax increment financing, Administrator Lawell stated that a lump sum buyout of the neighborhood by the City would not be legal. Councilmember Anderson informed the audience that after reviewing the appraisal information, he felt that Council should direct staff not to spend further time on the extension of public utilities to the area or on the common utility system. Mr. Jim Schwartz, 1286 Kendon Lane, stated that he has paid a water availability charge and asked whether it would be refunded. Mr. Robert Tousignant asked what the City's plans are for the two properties it has purchased in the neighborhood, and how the properties will be maintained. Mayor Mertensotto stated that the matter will be discussed in a workshop. Responding to a member of the audience asking for the status of the Mendota Heights Motel pumping issue, Administrator Lawell stated that the owner has been ordered by the State to make corrections to his system, but had received a continuance to this evening so that he could hear the discussions. He stated that the owner is not present and that staff will contact the Health Department to*advise them that the owner was not present and that there is no reason not to continue the repair order. Mayor Mertensotto asked the City Attorney what the City's responsibility is with respect to the sewer and water problems in the neighborhood. Attorney Hart responded that to the extent that the City is aware of a health safety hazard, the City is not required to abate the problem at City cost, but is required to have whoever caused the problem abate it. Mrs. Swenson asked why the neighborhood is not getting sewer and water, and why Council can't make a decision to install public utilities. Page No. 2791 April 17, 1990 Mayor Mertensotto responded that no one on Council feels that $25,000 would be an economic expenditure to the homeowners, and pointed out that most of the neighborhood have said they want no part of utilities. Councilmember Anderson stated that there is tremendous neighborhood opposition to public utilities, and the project could be subject to many challenges. Mayor Mertensotto informed the audience that if 35% of the affected property owners 'tinned for improvements it would take a 2/3 ote of the Council to order the project. out a petition, a 4/5 vote would be required. He also felt that given all of the publicity on the sewer and water problems in the area on television and in the newspapers, the homes are probably unmarketable now. He felt that the extension of public sewer and water is the only way to make the properties marketable. Councilmember Anderson stated that he does not feel the City should pursue public utility extension any longer because of the potential court challenges and value challenges. He pointed out that many of the residents have said they don't want utilities, and Council has tried everything imaginable to come up with a solution without success. Mr. Guyer suggested that the City purchased two homes and there are three that are currently in worse condition than those. He asked why the Council doesn't start a buyout program. Mr. Tousignant asked for a proposal from City staff so that the residents would actually know what sewer and water would cost for each resident. Perhaps the utilities would be palatable to the residents if all costs were known. Councilmember Blesener responded that the cost would be $20,000 to $25,000 per home and would only go down if the City contributes TIF money. Councilmember Anderson stated that the question is the degree of unanimity, that there are some properties which will not Page No. 2792 April 17, 1990 benefit, and there are extraordinarily variable figures. Councilmember Blesener felt that the only solution to the problems is for the City to find a legal way to institute a buyout program. Mayor Mertensotto suggested that perhaps Council can pursue special legislation to allow condemnation. He stated that all other avenues for resolving the problems have been explored and there is nothing more that Council can do at this time. RECESS Mayor Mertensotto called a recess at 10:53 P.M. The meeting was reconvened at 11:10 P.M. COUNCIL COMMENTS Councilmember Cummins stated that he opposes blacktopping of the Valley Park Trail as opposed to using gravel. He felt that gravel is more appropriate for the rustic nature of the park and that blacktop would encourage roller blading, skateboarding and biking, which could present safety hazards for walkers. Administrative Assistant Batchelder gave a brief summary of Park and Recreation Commission and Citizen Park Committee discussions on the matter. He informed Council that at the final Citizens Committee discussion, it was the consensus that since the Valley Park trail section is the spine of the trail system, it should be paved. The Park Commission, at its last meeting, recommended bituminous surfacing on a five to two vote. Public Works Director Danielson stated that the trail is not just part of the City system, but part of the County system as well. He further stated that he has received a call from a Crown Point resident indicating that the neighborhood would like a way to walk and take strollers from their neighborhood to the park and shopping areas: because of the slopes, bituminous is more desirable. He also stated that bituminous is easily maintained, but that gravel is subject to washouts, etc., and requires much more maintenance. Page No. 2793 April 17, 1990 Council briefly discussed increased property taxes and the increase in the School District portion of the property tax. Councilmember Blesener asked that staff look into getting blinds for the conference room windows. ADJOURN There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:25 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION COMMISSION MINUTES APRIL 11, 1990 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Wednesday, April 11, 1990 in the City Hall Conference Room, 1101 Victoria Curve. Vice Chair Katz called the meeting to order at 7:05 o'clock P.M. The following members were present: Damberg, Hunter, Lundeen, Katz, Kleinglass and Spicer. Councilmember Blesener was present. Staff members present were City Administrator Tom Lawell, Parks Project Manager Guy Kullander and Administrative Assistant Kevin Batchelder. APPROVAL OF After some minor corrections, Commission MINUTES Damberg moved approval of the March 13th Parks and Recreation Commission minutes. Commissioner Kleinglass seconded the motion. AYES: 6 NAYS: 0 TRAIL SIGN Mike Dorsey and Doc Johnson of Earl Anderson PRESENTATION and Associates, Inc., presented options for a trail sign system for the new bicycle/pedestrian trails. Mr. Dorsey stated that signage systems for bike trails are a relatively new product with not many role models to follow. He stated that White Bear Lake and Minnetonka are in the process of signing their trail systems. Doc Johnson previewed the types of signs available and the materials to chose from. He stated that there are basically three types of signs that you need in your trail system. 1) A regulatory/warning sign, 2) A trail informational sign, 3) An area map. He also stated that you want the City's design or logo on the sign. Mr. Johnson described the tic- tac-toe sign approach that allows updating of the sign without replacing the whole sign. He stated it was approximately $800 for a sign with all of the graphics work done for a cabinet sign that would use this tic-tac-toe approach. He stated tubular post signs are appropriate for regulatory and warning type signs. Doc Johnson described the costs for the City April 11, 1990 Page 2 of Minnetonka's trail signing. Guy Kullander stated that Minnetonka was estimating their costs for their trail sign system at $90,000 for 30 miles of trails done over the course of five years. Kullander stated that Mendota Heivhts will have approximately 25 miles of trails once all planned trails are completed, which will take five to seven years. Signage, costs were not included in the referendum trails budget. He stated that money for trail signs would have to come out of either the regular park fund or from contingency amounts in the trails or neighborhood park development budgets. Mike Dorsey stated that a post and paneled sign is more flexible in replacing a channeled post type sign. He also stated that art work is a big expense up front. Mr. Dorsey stated that shelters can be used for signs mounted on the walls in the tic-tac-toe fashion as described by Mr. Johnson. He stated this tic- tac-toe design is flexible and a cost savings for a City when updates are necessary. Commissioner Kleinglass inquired about marking the signs for distance so that you know how far you have gone or how far you need to go. He stated that he felt the distance between segments should be marked in some manner. Guy Kullander stated that these distance markings could be sprayed painted on the asphalt. Commissioner Hunter stated that he has seen trail systems that have a wood post in the ground about approximately two feet (21) off the ground with the mileage marked on the top of the post. Commissioner Spicer stated another approach could be to stencil in a logo mark every quarter mile on the trails. Commissioner Hunter stated he felt it was important to map the park area at each park with a smaller map of the whole system. SCHEDULING Joanne Birnbaum of the Mendota Heights Garden TREE DONATION Club stated that she wants to donate a tree to the City to recognize their parks efforts and in honor of Arbor Day. She stated that she felt it should be either in a newer park, along the hiking trail or near City Hall. Ms. Birnbaum stated that it was the Mendota Heights Garden Club intentions to donate a Red April 11, 1990 Page 3 Splendor Crab Apple tree. She stated this is a pretty tree when it flowers in the spring and it provides fruit for the birds and animals in the fall and winter. Commissioner Spicer stated he felt the City should provide a plaque to recognize the dedication. The Commission discussed the scheduling of the dedication ceremony and decided that Arbor Day was.the appropriate day to have a dedication. They discussed City Hall's landscape plan and the plaque to go along with the dedication. Commissioner Spicer moved that the Parks and Recreation Commission accept the generous offer of the Mendota Heights Garden Club to donate a Red Splendor Crab Apple tree on Arbor Day. He also included in his motion a direction for staff to work with the Mendota Heights Garden Club in siting an appropriate location for the donated tree in front of the City Hall building and for the City to provide a plaque to honor the dedication. Commissioner Damberg seconded the motion. AYES: 6 NAYS: 0 The Commission also -directed staff that a news release would be appropriate announcing the dedication and stating that the intent is to create a community effort for the Garden Club. SIBLEY SKETCH Barry Warner of Barton-Aschman stated that he PLANS has met with staff and officials from the Independent School District No. 197 to discuss the preferred alternatives of site plans for Sibley Park. Mr. Warner stated that the site has several constraints. 1) Delaware and Marie Avenue have to meet the grade of the park. 2) There will be bicycle trails running along the north edge and the east edge of Sibley Park. 3) The park will have to tap into utilities such as sanitary sewer, water, electricity and storm sewer. 4) The grading of the site has constraints. Mr. Warner described the fields that would be built at Sibley Park. He stated that there would be two softball fields, one with a 280 April 11, 1990 Page 4 foot fence and one with a 300 foot fence, one baseball field which will be 380 in center field and a comfort station. He mentioned that there would be fencing along the western and southern edge of the soccer field. Mr. Warner stated that Alternative F was the preferred sketch plan because it has an open middle area where the play structure can be located, bleachers for the baseball field would be away from the intersection and that there is room there for the batting cage. He quickly discussed Alternative G with the Parks Commission. Mr. Warner stated that Alternative F was the recommended alternative. He stated that the entire baseball field would be fenced, that it would be 50 feet from home plate to the backstop, that there would be space for a batting cage and accommodations for dugouts. He stated that there would�be seating for 400 on portable bleachers. He stated that the softball fields would also be fenced. He stated that the soccer field would be 330 feet by 195 feet and be fenced on the western and southern edges. He stated there would be a trail linking the track and comfort station to the baseball complex and the parking area. He stated that there could be a trail on the south running east to west which would most likely be put on the roadway. He stated that the City would be displacing the discus area and that it would be relocated west of the track. He stated this plan has no retaining walls and that the play structure was not sited because he wanted to speak to the Parks Commission about the proper siting of that. Councilmember Blesener added that in 40 years we can site the parking in the northeast corner for the baseball field. Mr. Warner stated that concerning the play structure siting the question was accessibility to the activity center of Sibley Park versus the accessibility to the high school. A discussion as to the advisability of putting play equipment in close proximity to high school students ensued. It was finally determined that some play equipment would be installed as was promised in the referendum information. It was suggested that the AYES: 6 NAYS: 0 April 11, 1990 Page 5 equipment be as sturdy and durable as possible. Parks Project Manager Kullander stated that if the Parks and Recreation Commission approves this plan then the City Council will see the sketch plan for input. Barton-Aschman will then draw the final plans which would be approved by the Parks and Recreation Commission at their May 8th meeting and forward to Council for approval and advertise for bids on the 15th. Mr. Warner stated that a preliminary cost estimate for the site was $295,570 with a 10 percent contingency included in that figure. He stated that this figure does not contain the estimates for the comfort station. Kullander stated that $373,000 had been budgeted for the facility improvements which includes trails, amenities and play structure in Sibley Park. Councilmember Blesener discussed the need of a trail along the south edge of the park and having permanent bituminous pads on which to put the portable bleachers. Mr. Warner responded that he would take a look at this in the sketch plan. Commissioner Spicer moved that Alternative F be the preferred plan and to recommend that City Council should authorize Barton-Aschman to proceed with plans and specifications for the Sibley Park Athletic Complex based upon Alternative F. Commissioner Lundeen seconded the motion. The Commissioners discussed the siting of the play equipment. Consensus was that the appropriate place for the play equipment was in the northeast area of the center by the outfield of the northeast softball field. Parks Project Manager Kullander discussed the comfort station building that Kodet Architecture was going to be designing. The Parks Commission provided direction on what to include in the comfort station. This included instructions on the facilities in the mens and womens restroom areas, concessions, storage, April 11, 1990 Page 6 control room and sprinkler and mechanical items, shelving space for Mend -Eagan storage, drinking fountain, pay phone hook-up, security lighting, roof extension and concrete pad for picnic area. VERBAL UPDATES Parks Project Manager Kullander stated that Barton-Aschman's design and consulting fees were on budget and had billed the City approximately $19,000 as of March 23rd. Kullander explained that Kodet would have a $5,000 fee for a building up to $50,000 and 10 percent over that. He also stated that there could be cost savings on the design of future comfort stations if they were based upon the design of the first comfort station. Kullander stated that the County trails would only allow widened shoulders for the section along Delaware Avenue. Kullander stated that the neighborhood park cost estimates were over budvet and that the trail system cost estimates were under budget and that when the bids came in, in all likelihood, these two items would balance each other. Kullander reported on the Marie Avenue Trail and the cost of putting the trail on the south side and the safety factor review that he had had with MnDOT officials. Parks Project Manager Kullander explained the situation concerning the bituminous trail in Valley Park. He stated that during the Citizen's Park Review Committee's consideration of this item that at various meetings that it had gone back and forth between whether this would be a paved trail or a dirt trail. He stated that final conclusion of the Citizen's Park Review Committee was inconclusive and that as best as he could make out from the minutes and from what had been advertised in the brochure that this portion of trail was designated as bituminous trail. He stated that originally Chairperson Huber had wanted this to be a natural trail and remain unpaved but could recall a meeting at which he lost on this issue. Kullander stated that the cost for this portion of the trail system will not adversely impact the total amounts budgeted for trail improvements. April 11, 1990 Page 7 Commissioner Spicer moved that the Park Commission formally acknowledge that the trail through Valley Park is a bituminous paved trail. Commissioner Lundeen seconded the motion. AYES: 5 NAYS: 1, Damberg BUDGET WORK - The Parks and Recreation Commission decided on SHOP holding a budget workshop on April 25th at 7:00 o'clock P.M. in order to review all the cost estimates and the budget for the referendum items. Commissioners Kleinglass and Lundeen announced that they would be unable to attend this meeting. COURSES ON Commissioner Damberg made a motion that no WALKING TRAILS horses should be allowed on the bicycle/pedestrian trail. Commissioner- Hunter seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: Spicer Staff was directed to pursue this motion to change the Parks Ordinance regarding bicycle/pedestrian trails. There being no further business to conduct, the Parks and Recreation Commission adjourned its meeting at 10:05 o'clock P.M. Respectfully submitted, Kevin Batchelder Administrative Assistant Mendota Heights Police Department MEMORANDUM April 24, 1990 TO: Mayor and City 91uncil City Admini. FROM: Chief of Police On April 21, the Mendota VFW again treated the Police and Fire Departments to an appreciation banquet. As well as complimenting and thanking the Departments for a job well done, the Club made significant contributions of money to the police Officers ($7,500) and the D.A.R.E. program ($5,000). This is in addition to the $2,500. the club has already given the D.A.R.E. program. I am requesting permission to accept this very generous donation on behalf of the City. The D.A.R.E. funds will be used to reimburse the Departments devastated overtime budget and the Police Officers will. determine the appropriate use of their money. I will strongly recommend. the purchase of new body armor. This is the seventh straight year that the VFW has expressed their appreciation in such a tangible way. For some reason it -appears that the very difficult job that we do is taken for granted by the overwhelming majority of the people we serve. Positive reinforcement of this sort is so very much appreciated by the staff and members of the Police Department. Mendota Heights Police Department MEMORANDUM April 24, 1990 TO: Mayor andCity ouncil City Admin FROM: Police Chief IM1 We had fully intended to have a new police officer appointed by April 1, 1990, but we have obviously not met that goal. We requested and received 19 applications from the Minnesota Police Recruitment Service early in the year. After a close review by me and the department supervisors, we found that there was an insufficient number of candidates that met our standards. I discussed the problem with the Director of MPRS and he said that the problem may have been due to the fact that our request was received at the end of their testing cycle and the candidates that we reviewed had been on their "list" for quite some time. Last week we received a new list of 22 candidates from the most current list. After review, we feel that we have enough viable people to work with and we are again moving forward with our process. If all goes smoothly, we should be back to Council for approval of anew employee in early June. This memorandum is for information only and does not require Council action. CITY OF MENDOTA HEIGHTS MEMO March 28, 1990 To: Mayor, City Council and City Administrator From: Kevin Batchelder, Administrative Assistan Y LE7 Subject: CASE NO. CAO 90-01: Askler Modified Site Plan DISCUSSION Mr. Richard Askler, of 1037 Mayfield Heights Lane, desires to build an addition to his garage in order to have a three car garage. Mr. Askler has attended a pre -application conference with City Planner Dahlgren and city staff to review his building and site plans. (See attached plans.) Staff has determined the plan conforms to the Site Plan Approval standards of the Critical Area Overlay District Ordinance and that the proposed addition is not within forty feet of any land 40% or greater in slope. Staff is processing this application through Council in accordance with Ordinance #403, Section 2.3(c). This Ordinance provides for City Council consideration of the application if the site plan conforms to the standards of the Critical Area Overlay District Ordinance. Also, City Council upon review may, if it so determines, exempt the applicant from complying with any inappropriate requirements of this Ordinance. RECOMMENDATION This matter, in accordance with Ordinance, 403, Section 2.3(c), (modifications and minor developments involving a single family dwelling) did not appear before the Planning Commission. ACTION REQUIRED City Council should review the application and, if it so desires, pass a motion to approve the applicant's proposed addition and waive the $100 application fee. Til JY t jf o .7 r -T 96— r 12. K�pcte IR ID o� < �SPNALT SNI MC. LES ,AOL%. RooF ll.1c EELT UNOt'Rt_AyMCNT / ' •.. ���.... .... .....� 44 T L Y W o e O 7 Cdu?5E5 Co tic • 131< Ir3 To -ytl TIUG 1C, PN 111` o,�A, 4 (�t(UFoRCtD Co1ac S�.PB `c- `, \6 To ' 1 _. • t LNESA 1..x12. �t1-,nor �._IfJt Richard Askler 1137 Mayfield Mts. ln. Mendota Mghts.,MM 55118 CITY OF MENDOTA HEIGHTS MEMO April 26, 1990 TO: Mayor, City Council and City FROM: James E. Danielson, Public Worksr SUBJECT: Victoria Highlands 8th Addition i a Plat DISCUSSION The Victoria Highlands Townhomes continue to sell, attached is their 8th Addition. Staff recommends approval of the Victoria Highlands 8th Addition Final Plat as submitted. ACTION REQUIRED If Council desires to implement the staff recommendation, they need to pass a motion adopting Resolution No. 90- , "RESOLUTION APPROVING FINAL PLAT'FOR VICTORIA HIGHLANDS 8TH ADDITION." JED:kkb Attachment 13 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 90 - RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS 8TH ADDITION WHEREAS, a final plat for Victoria Highlands 8th Addition has been submitted to the Council; and WHEREAS, the City Council has reviewed said final plat; and NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the final plat of Victoria Highlands 8th Addition submitted at this meeting is hereby approved. 2. That the appropriate City officials be and they are hereby authorized to execute the final plat on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 1st day of May, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk PRELIMINARY • SUBJECT TO REVISION WITHOUT NOTICF- .i o •• p � �� YI ii j4 ` I - k e'�9• F aF r I u� � 9.16.27• E S5 00 � �n, 1. I :C f I �r s � I • b4 • H .L Yy ti •Z7 .. Vr ql ' I y' I .S Ie KrERSTATE HIGHWAY 35 E a C O . a c� r I .Z co III F C€ B� � S L G C � 3� "•, e � € � I•�= �� T� Cg rB. Se g5 F G E $ F D m LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL MAY 1, 1990 General Contractors Licenses Able Fence, Inc. All Poolside Services, Inc. Beartown Builders Citywide Insulation, Inc. Craig Hoff, Inc. Crowley Co., Inc. Dahl Construction J.R. Anderson Construction Co. Lemke Construction, Inc. Olson Brick, Inc. Sandau Const. Co., Inc. Sela Roofing & Remodeling, Inc. Spectrum Design The Quimby Company Van Laecken Construction Heating & Air Conditioning Licenses Advanced Mechanical Contractor Harris Waldinger, Inc. Northeast Sheet Metal, Inc. Sian Licenses Crosstown Sign Leroy Signs, Inc. Asphalt License Lino Lakes Blacktop, Inc. Rubbish License Knutson Rubbish Concrete Licenses Dakota Rhoads Masonry, Inc. Dave Larson Construction Miller Brick & Stone Gas Piping Licenses Advanced Mechanical Contractor McQuillan Brothers Plmb. & Htg. Co. Metro Air Excavating License Kenealey Co., Inc. May 1, 1990 TO: Mayor and City Council CLAIMS LIST SUMMARY: Total Claims Significant Claims MWCC (Monthly) Unusual Claims City Hall Lease Payment (Semiannual) Workmens Comp premium (5/1/90 yo 5/1/91) Tree removel $196,087 30,496.66 90,642.75 58,175.00 1,150.00 t:Jf•- o Q -40 ul r 't ro -4 FO rD t 14 T.1 lb Eli :D 0 Zq 0 c ct El I Q 0 r) r) 1 0 91 ZT 0 U -Ir Lb r) —4 —1 x P6' !?4 fo N m -:3 .t cr zr r) r) P4 ro 0 0 8 cr I I tr c Or rD rD In rD -s bi 5 w r -I, Lk 4, 11.) I"o r N Lo L3 llj W ZI: z 3 Zi !b W In 1A a I< X l< 0 0 b<<<< < << IJ ra ri 111) ro Eli c E (A El LA LQ I L b 5 w[ 1 0 o Q -40 ul r 't ro -4 FO rD t T.1 lb Eli :D 0 Zq Qr o Q -40 ul r 't ro l 1 1 1 M { I , 0 'i CD D I ! I 0 L-1 Cr, -t I { I I 1 L7N I ru tb i N co 19 Is, Ul Cri 5 R M �t n`n� 5 `i C5 I I �5I;J y 4 c7 @ 3 'a ti F� ! s @ n 0 b � � ( F s @ i 11 -T ui C rll @ C4 0 @ N @ @ i x J nnnn 13 _r I Cl 3 CS j. is 0 Qi cr 5 I cr 1 tU a til r7 Sr 9 y y 10 n, * rF 1 N. b• tl C7 rDD N h3 W -J '0r z m 0 Q;.. x tn In g, 3 i m ti 7 ID 3 ' z z z m I ID -n t an a Cl rD ig C 3 3 C V'4 . : V ti V v .4 Yr `0 or @0 rrN ID m n c i n @ I @ s i M, m x @ y y X , X J X Uru N FD z c ct nron� n or tr @ @ @ tp 3 $ 3 3 µ W n; uNi W to m W. N. k n 3 @ @ to FD N w N 1 �r ww r w. U w w i 55 5 CA�CACR t C W r,J 5 59 5 5�Cfl5 r 11 5 19 9 5 5 9 { N a <<<< D n n n vv r,bnn 5 N ,n i I CD ('f E m 1 Of ! L@ m 1 11 Ot 1 4. m rii I M I 4 j tb V N O) 1 0 5 I W. U CR I U I r 7 6' 1 5 5 •tr !� •b 15 � r�i CR t C 4.1 M i tb l U N__O m 0 J P P A W N -• O 10 P V m P A W N+ O �0 m J m P A W N O m P � m P A W N O �0 P V m m t «i w m V I { I , 0 'i CD D I ! I 0 L-1 Cr, -t I { I I 1 L7N I ru tb i N co 19 Is, Ul Cri 5 R M �t n`n� 5 `i C5 I I �5I;J y 4 c7 @ 3 'a ti F� ! @ n 0 b � � ( F i + @ i 11 I i ! i ui iiia 5 3 ?i @ C4 0 @ N @ @ i x J nnnn 13 _r 3 CS j. is 0 Qi @ @ 9 y y 10 n, * rF 1 N. b• 2 y y S `-J 4t N � L.• i I i � i V I { I , 0 I CD D I ! I 0 L-1 Cr, -t I { I I 1 N ru ru tb i N co 19 Is, Ul Cri 5 R M �t 5 `i C5 I 5 (y n �5I;J y ai ? i @ {' ti F� ! 1 j I ww(A L-1 Cr, -t I { I I 1 , co 19 Is, Ul 559C ai ? y' n � LO i i + @ i I I i ! i i i I J � it i Ch a D) u a 3 7 .aD 3 3 ro 3 4 m a n N y h M- i y CK, I rr i c� 0 h 5 I tl r, m kb LO of m ri ro ' r H mcpm ID e: X U1 ".. tl X U'J ,.x i ID N z is (n m(D 7 1 TI) z I z m z. m° m 'tM ID ro n m z Q r zOr ID ID z � d z Al 4 ISD (�D nt n1 mI tni Cr o, Cr C] h 13 nJ ro lu I n] m r � 5 m rl N 5 5 �+ ( Ui (n 5" 41 5 W 1 t 5 ro o 5 i i M 4 H 41 i i 5 5 5 � � ( 5 5 5 I 1 I i I i I w ( I U 5 I 5 55 i 5 I L y 5 I 5 5 5i 15 FD 5 5 5 1 5 5 1 v 1 n 7 q I v, V ni I CA CA -t, V Di 5 5 tb i " 4 rb (A 5 (n W f 5 5 5 5 1 n 0] J N N N A W N O b N J Ch a D) u a 3 7 .aD ro 4 m a n N y h M- i y CK, I rr i c� 0 n' ro of m ri ro ' r c ` or D i ID N z is (n 3 7 1 m° m z Q r zOr 0 z Al 4 ISD (�D mI tni o, m r � 5 m cd 5 5 5" 5 5 " 5 � 5 i i M 4 :0 i i t � � �I �I i I i I w ( I U i 5 5 I L 5 I 5 5 5i 15 5 1 5 5 5 1 5 5 1 Ch a D) u a 3 7 .aD ro 4 m a n N y Al I rr ro of m ri ro ' r c ` or D i f is (n I+tI 1 i 1 Ch a D) u I N• -N N N•� N U A I V p N P W N O 10 A A A N J P A A N A A W W W W W W W W W W N N N N I m 3 a 3 `� I N M I r g n;r n; n; 0 r I I r! Ot I S CR CR v, 1 1 r)N I W w X tiI X m M r) r) N Vi n x x m x x, n' I + ty z z x n z N zr I + 3 3 p O 3 'd m m p 4 N 7 ^' I xa x x x m ru W z ro m m ror U- 1! � 1 r• w rr; W W 5 4 1 WI El I i 4t 4A i i 5 ! 5 I 5 5 I I OD # x ww M ,''�;1 W N m w nj w. ti to .0 X X I i � N 1 1 W :+ I CA I W' I I r; W I 0 5 Di I CA LA I r 5 1 L, ore �i i 5 1 5 5 1 5 I QY�. : l J V N A W V OI N p b m m 01 OI pl V m N W N N OI A W N+ p U N N O 10 m V N N U U m N A W U N A N O :0 pp A A A m J OI N A WA A A N A W W W O ID m J W W W 4 m N A 4 -a 3 a r I N y w K m 5 V YJ r9 m x z c t -i_ mI ry m �n-4 mmCn to 3 n m i Nrorvn Wron.ro M. 'U ° v' M. x 7 ro m M:•oM Mw1MM Q m CA -` Q0 z cjnmwC� mcnc�m a z 35 I 1 i Cr I i m Im I i i I I I I j I I I I I I I �`55�5555 I; wrwwn;www Wv�wwm5ww 5�Cfl5m555 cr . I •�� 5•�p!,55•C•11+ h 5555CA5r�ll5 4 55-1rD0-0 W m 55 UICRS 55 ILII ! I I i I I�DD];bh 'AUU�U'D'0'0 "O9 4 m3 R K Ch M K [t M M vnnngonn N N 1 I i I roI I �. I �SCAmri�D�v U: I ��OWJtOG�ro5 r 1 wCfl5U1CACQ55 I I I f yIII`{ r . I.I •�'; O 10 m JyC'1 N A .J: N. •� O ��. � �I N V i ry W N 0 0 M J O. m 4 'D �'ri) T-1 11) 0 U I run 0 LO ro ro A ro r) rc r.) M Al D) M f) 13 ct c r.) m a) to C) 't Di 0 9 , U) to [I' ct ol al I co ca n �r ct 4 1 I 4 4 , 4 A -4 14 1 x W-) .. rl r r^ ro rD r, I I ro , r r r r t- r, t -r r L4 kn to q ul r) o r) ul 0) Ul 0 (n n 10 W ID 11 ro -4 x Z. W -4 tD 15 ID lb 0 z -T nn r nn n n n z a D)'Z� Ln cr u 0 111 v to C3 ID 0 rl in El -4 - N0 -1 -1 - -4 -1 -1 u zr ra !U to I ro z n n . r) '13 fo n c u Or ro M q M ED M 0 I W W r N I ro r w. 0 E* 14 W D) ro µ 0 0 Qq 0 CA Lo LL a LQ I LL µ LLr) rr.r Wr.A w r b W 4.1 - J, r.)ro ro Ej 0 ACQ cd E Ed rA NNN EQ WWWCJW CA w w w WW w cF cl� C) s LQ 41 1.4 ro n_ 1.4 5 0 C. s 0 tn 't r I ct LO ct "3 'U 'Q ct ct ct 'U lu Nm 0 m 0 ID 't S M 4 IzzTZtt E z r) r) r) 0 D U LA Ul 0 ro w r,- o, 4., c., -t, 'ro 14 '� 'Ll r 1 4 �4 LN 4 w 10 1 LQ M I ka tj W L 1 0 a fp IM Q C) W .4 4.1 G W kQ IS, uz It X N:w.:,. 01, 1. 00 =-" c 0 0 0 0 u I LO '4 3) CD I (D f W c M —f ro "i EA ru n -0 Ct W 7 Ct iD EJ 0 0 M 'ro N, I En M rD w w lb tri ru CA ,ru 10 Sto ct W C� ct .4 r) r rl) 1 G? r Ct t I k4 0 -b fu Z si -t a ra 3 M • 41 N EJQ LO 41 U LQ 1 r N 0 I 0 � :s x 5 1 5 x Ii ro z .10 c z c c oi C3 '0 to (D �3 70 x 'U M X t '80 D cr tr, a 0) t u rl rD C7 ID IDNn 0 1 ro Z c o Q ID i'D ro 0 ED at 0 Zi FD rl r 4II - cr 'D ro.ro cr r) cr rl a ID ru ID ra To C (d n Lh E-1 rb L'I W 0 14 Ll (n (A W c ro ro rd (7 -L, 6) E-1 4 4, L 'I r., in Eq w ro r I i 19 4 3) n 3 Lq I Zi < < 4Q ur I r) M U3 -S u I LO '4 3) CD I (D f W c M —f ro "i EA ru n -0 Ct W 7 Ct iD EJ 0 0 M 'ro N, I En M rD w w lb tri ru CA ,ru 10 ro ro z 5 1 G P) In LQ u I LO '4 3) CD I (D f W Ed EJ 'ro N, I En M w w ca CA ,ru 10 ro ro 5 1 G P) LQ 1 0 0 EJQ LO U LQ 1 r 0 I 0 � 5 1 0 5 1 5 u I LO '4 3) CD I (D f I W w 0 w m b w 0- r N U ED 8 CL Q) ki I t 4 04. Ctl k -t t, -t, 0 ro4A m. 0 to "0 -S En M 4 G I Ea U El zr w -b cl, Z D) I E4 U cl u ct W ro c fA (I Ci 5El 10 U U u m Z . - M ro 8 ID kq - tn 0 OL m y c i t p -A Zi Z CL1) 0 ro z ro 7 in I. z G ID I IP ro fB fo ro r (D a ID In tr -0 (in It v 3 cr p El 0 8 n ct q 0 w 0 0 - It ct Ul M C: 3l n 0 8 C. a It 1+ .7 q ;i a 0 (a ro :1 El 'I ro r) Di 1 0) ftj R w 0) .10 C; c 91 fo TD m (D I rD m ID ct zr rD w mw fo 0 0 Q ro rt ro 0 m m m m -M mm M I -1 0) , I I MID (Ma ro rD ID ID 7- ct J3 X -t or cr ro •W. to t3r W. ct 't iaa M ro rD rn lb m aaaa i IV, Ili1 N N 0 w u 0 0 i In tn cri CA4 LI) b Eli 4 r, 0 N 0 0' in Al 1 � i i Ej 09 ro 0 QQ 1.� R 0 0 " 0 0 0 'D - " rl EJ I I I I r i rl r3 EJ EJ Wr 41 5 Wt 0 w Ej w 0 rj -,I WW z Wrli(OP)y 14 LQ D) u 4 r-) r W. 10 0 0 0 5555CA5 I I OS EL I I 14 R) fct Ln Lo Z, ti pi a UI Di !b 0) Di !U 9) Di cr v (a tn v 'a 10 a a ID W To m ID m (D M mm 3 il 8 8 ca 0 ct I W W L L V ro ko15 4 15 1 tl c Eli 0 Eli 0 G 0) W 4 r.) 4, r.) I i s i ry r-) i -.4 0 4 4.1 L I d G 5 G I 5c s s 1 0 E i Qp, 5 -L, 4 fW N 0 1 5 G, ti It A iA t (n � OI 111 !n N N A pp a n a A A A A A W 4i W W W W W W W W N U N N N N AI N � N i ( n rD x m m m m a z v 3 ! n ! >, Q i CG C z Q r l to CQ E I tG t G E CG n t. I` tG J i` 0 J J i J rr i IU ,1 rl M14 W N Y W Y M I: 5 r) lA I rl " ct CD rD tt I n n i CAI IO M r r r rr r Y N I0 61 m z_ r) m 41 m r) n m n m c x mm mm m x x x � m r z to CA 3 CO to N N � i 0 5 5 7 7 7 x 7 ti 3 y y 11 y y a 4 r Di or r7 tl tD rl Q In IO LE3 M IO ri j N m rl H m (7 z•.7 x'773 7 m 5 7 3 m la m Z z -4.z m m n m j n n mm mml m 0 77 —D n G x n x m x li1 n to U1 n r I m ti M z 0 3 m a y}G GrY r G 3 $ v N cr Y i. 7 m Or tt ro m m m m tV I 5 3 5@ µ 5 5 r 14 4 En W W r') n) , r.) ni n; iJ to r• c 96 SJ, 5 5 5 159 IW N 5 W� 5 Y W Wr, Nn)q,n)N Y WW W CJ n) •. 5 W 5 5 5 5 , ( I I!!! I I 1 5 I I f I ! i -Q17b I ; I w ! I II I •p y I i In ULI - , i r i i C << 14IIi! << vmn r ( i G< m 3 I T n n r) to m �n � in < r y 11 t x I 4 I � I CJ ( y W n) Y ni �: �, 'o 1 ro V I CJ W 'W 4 W W cn 47 4 CG Ifq OD co i O >b I C ro n) W t• J Vl I �U 5 1 5y CA LG O1 O IW i q V t4 CG n) Y 05I 5 1 k 5 a 5 ¢l I t I I t�0 CG 5 5 UI CG 0 5 ! l0 5 5 5 t I `fT a wN�O N m J q pf A W N +/ O /O W V 0/ 111 � W N+ O b 0] V OAf W L fA.f N+ O /0 m J OI (II A fW.1 N•+ O—�Ol J��CNi NlA W N+ O /G 0 J C� W C 1� n �o 0 x D 9 z z m m n � I i n r, i ! m ' i t i ism CL ! M ( n rD x i z m a z v � ! n ! z ! � I � i i, I 41 i n n 1� n �o 0 x D 9 z z m m n � I i n r, i t M i ' i t i CL ! M ( n rD M t ! n ! i 1 i k � I � i i � t � I i n r, i 5 yi i t i w NO 0 0 0 N 0 0 1 w 0 0— 0 0 El -4 M ID U V -i 0 Qq U -i L i (Q I �q -q L I u 14 1 U 0 1) 1 LO L 1 0 0 L -.0 Q 0 C.4 i3 -0 Qq I L rd r) -0 'T w ra L 1 1 y 1 4 -4 1 4 4 1 4 C cr 105u ML I LQ cl -L' I -p 0 MW X 0 F C C c C: C I q LA 0 ua Z vi N i 7 in 1 0 in r) 'JI 0 M 0 r11 U) x t.6 al al L 14 LO E LO D) x r C z rD 7- t I :E Z: t z ro ct z OL W rD u z :s C :-�� m !I m m 9 m m n m r :3 0 0 0 c z u c 8 E a 8 70 41 0 0 u 0 0 u 0 z *0 N - . -0 -S 3 V .10 Z-! tr r- t It 1 vt ct ct M ME ct v ct t U min 0 q n q C) l< l< l< n 0 M cl I rD zr . 0 nn c nn n :f c f zr ID m0 ID ED q Di m 0 'D 0 N 3 or U r) W Q 0 rj ai 0) 0 0 r a, 41 0 0 0) 0 r) � Lf Cf X i7 s ro ID vt M It tf ct tt r Tt re ro ftp N 14 Q I 0 41 Ln t In tn u ;p In u 0 LA m -45 CA Ell Lq s. u (JI ro t,7bb bb b-tl 4 4., tl 0 0 14 . r.) ry " rl) N s, " ro rot r.) La Ld ro c 5555 99 G 0 Ell w 0 Qq rn 19 1,.; (.P, 4., ro -L, W -L, s 14 El 5 i Q 5-19 ul s W CL ct M Ul rt W In i f 7 rt 31 3) -0 Z 11 n -u -,j -t3 M DII I! Ul I in M llq 41 Tt Ln ct in ro < < 03 rD Ul F I f � I N � � I I; rul r.) El LAM ro 14 L I 1 EJ 5 I m roI LQ E Lo '9 o G 0 1 p I r V I - 1 Lo cc, Ln O't f fi•4 LQ tO Q LO 4 I r.)W 0 W k 0 (D M EA 0 CA 0 19 W E.Q I U Ki I m ID —".Rr t A - —w -w- W W 0 0 m 0 10 w . 0 m 4 w = lu W i nwi 7rD tr In Z 0m En r) x ED I 0i 0i zr in in rl Ul ra 0 cn tt FD Cr z ur rD0 fu } I z ZI ZZ rD I I 1 � I� 1 1 1 NN. NI N) N) f -j N) N) t,3 N) to toL', V, tA to W to to tA to to 00 j co co co co m co 14 N �j a, Ln t, Lo N) Q. ko 14 0% r1i ct ur 00 co co U, Q '4 %4 ko 1.4 Q O 4 olN11.0 QQ A F, QQ WQ. il�o ln F, t, %4 to to O Q L'i Q N) w 00 %4 LU Q 14 to V, 1-.1 N) Q Q 4 ra Itz Ul tn 101 21 W I rh Z,5 CS)o, I L13 f; 0 to 0 k -I n 1— EA (b IIIb rt. 11 2 � t,� ril C) Ij rt lb rt Nq � 0 0 rD b, C: ror �3 41 w 14 I N3 N Ch M N) rj En (D ka In ` ft (D 10 H rt. C: Di 1� j h R M faD hil r. 1 I U U (11 CD co r I 9) I I o to . . . . . . . N—mw �--!2 Ok CITY OF MENDOTA HEIGHTS i_ MEMO April 26, 1990 TO: Mayor, City Council and City Administrator FROM: Kevin L. Batcheld- and James E. Dan' s Administrative As Public Works /t, Di e for SUBJECT: Neighborhood Park Improvements Bid Award DISCUSSION• Staff opened bids for the Neighborhood Park Improvements project on April 23, 1990. Three bids were received as follows: GMH Asphalt Corporation Alber Construction, Inc. Ace Blacktop, Inc. $201,748.50 $226,327.00 $263,365.00 The low bidder GMH Asphalt, Inc. is a company that has completed work within the City before and has done an acceptable job. They were the contractor on the backbone trail, along Lexington Avenue and Rogers Lake Park. Their low bid of $201,748.50 is $59,622 below the engineering estimate (see attached Park and Recreation memo). The proposed referendum funding for the neighborhood park im- provements are as follows: Total Neighborhood Park Budget $447,658 Future Work - 72,628 Play Structure Contract - 122,500 Architectural Design & Engineering & Overhead - 81,062 TOTAL $171,468.00 This Contract 201,748.50 Shortfall $ (30,;280.50) This shortfall was anticipated and was planned to be budgeted for out of contingency trail funds. RECOMMENDATION• Park and Recreation Commission recommends that the Neighborhood Park Improvement project be awarded to GMH Asphalt, Inc. for their low bid of $201,748.50 with funding to be covered by Park Bond Referendum money, $171,468 out of the Neighborhood Park Budget and $30,280.50 transferred from Trail contingency fund. ACTION REQUIRED: If Council wishes to implement the recommendation they should pass a motion awarding the Neighborhood Park Improvement bid to GMH Asphalt, Inc. for their low bid of $201,748.50. KLB/JED:dfw 4 CITY OF MENDOTA HEIGHTS MEMO April 23, 1990 TO: Park & Recreation Commission FROM: Guy Kullander SUBJECT: Good News RE: Neighborhood Park Improvement Project Bids At 10:00 A.M. this morning City Staff received and opened bids for the Mendota Heights Neighborhood Park Improvements, Job No. 8920D, Improvement No. 89, Project 6D. The low bid of $201,748.50 submitted by G.M.H. Asphalt Corporation, is $59,622 below our staff engineering estimate. The estimated costs, including overhead and contingen- cies, for the neighborhood park improvement contract, the seven play structure contract and the future planned park improvements came to $552,466. This amount was $104,808 over the $447,658 budgeted in the referendum. With this low bid the estimated overage is now only $30,280. Because additional trails were added in the neighborhood parks it was the commission's intention to cover the extra costs with contingency funds•from the trails budget. Staff had estimated this amount to be approximately $41,000. Based on this "transfer" of budget, the cost of the planned neighborhood park improvements are under budget by approximately $10,000. CITY OF MENDOTA HEIGHTS MEMO April 26, 1990 TO: Mayor, City Council and City Admi io FROM: James E. Danielson, Public Works DitWr;L-- Kevin Batchelder, Administrative As SUBJECT: Case'No. 90-03: Centex Homes - Rezoning, CUP for PUD, Prel. Plat, Wetlands DISCUSSION The Centex Homes development for the Kensington site in the Southeast Area has appeared at public hearings at the February, March and April Planning Commission meetings. In anticipation of a recommendation from the Planning Commission, the public notice for this case was published and mailed, as required, scheduling the City Council hearing for the April 3rd meeting. On April 3rd, Council continued the hearing until their May 1st meeting at 8:00 o'clock P.M. Attached you will find a request from the developer asking that this hearing be continued until the May 15th City Council meeting. A copy of this memo has been mailed to every resident* orT.-. the Abstract Certificate. ACTION REQUIRED If Council so desires, they should pass a motion continuing the public hearing until May 15th at 8:':15 o'clock P.M. JED/KLB:kkb CITY OF MENDOTA HEIGHTS MEMO March 28, 1990 To: Mayor, City Council and City Administrator From: Kevin Batchelder, Administrative Assistant Subject: CASE NO. 90-03: Centex Homes - Rezoning, CUP for PUD, Preliminary Plat, and Wetlands Continued Hearing DISCUSSION The Centex public hearing was ordered for the City Council meeting of April 3, 1990 in anticipation of a Planning Commission recommendation from their March meeting. The Planning Commission continued their hearing until April to allow time for the developer to meet with the neighborhood group to attempt to address some of their concerns. The Planning Commission also felt they needed more time to adequately study and review the plans submitted by Centex. ACTION REQUIRED Continue the public hearing until the City Council meeting of May 1, 1990 at 8:00 p.m. this being the first meeting following the Planning Commission's April meeting. n APR 26 '90 15:52 ntex Homes Corporation W29 Baker Road Suiw 470 Minnetonka, Mine, Aa 55345 April 26, 1990 P.1 Post•Etm brand fax transmittal memo i67f # at Pages J opAd From c (K 0 ca. . x Dept. Phone# F,,X x Mr. James E. Danielson, P.E. City Engineer City of Mendota heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Published May 1, 1990 Council Meeting Dear Mr. Danielson: Centex Homes is requesting that our application before the City Council, scheduled for hearing at the May 1, 1990 meeting be continued to the May 15, 1990 meeting. Sincerely, CENTEX REAL ESTATE CORPORATION inne to Division Thomas M. Boyce President TMB/01mi Baker Technology Plaza, 5929 Baker Road, Suite 470, Minnetonka, Minnesota / (512) 9$6.7833 CITY OF MENDOTA HEIGHTS MEMO April 27, 1990 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public WorksD're Kevin Batchelder, Administrative LAs t SUBJECT: Case No. 89-25: Dodge Nature Center CUP for PUD Continued Hearing DISCUSSION The Dodge Nature Center was before the City Council on February 6, 1990 to explain their proposal for a new visitor center. Council continued that public hearing to allow the Nature Center time to meet with MnDOT to try and resolve an access problem with the site. The Nature Center has met with MnDOT and MnDOT has now agreed to allow them an access on Trunk Highway 110. The Nature Center is now anxious to receive approval.of their plan so that they can proceed with construction as early as possible. They are very optimistic about getting under construction yet this year. The Planning Commission voted 5-1 (Anderson- objection to access restriction) to recommend approval of a conditional use permit for a planned unit development to allow the Dodge Nature Center to construct an interpretive center -subject to conditions that the access for the site not come from Dodge Lane and incorporation of Planner Dahlgren's suggestions. ACTION REQUIRED Conduct the public hearing scheduled for 8:00 P.M. to consider a request from Dodge Nature Center for a Conditional Use Permit for a Planned Unit Development, if Council desires to implement the Planning Commission's recommendation they should pass a motion adopting Resolution No. 90- JED/KLB:kkb CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 90 - RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AUTHORIZING THE DODGE NATURE CENTER TO CONSTRUCT A VISITOR'S CENTER WHEREAS, the Dodge Nature Center has made application to be allowed to construct a new visitor's center on their property located south of Trunk Highway 110 between Delaware Avenue and the Trunk Highway 149 right-of-way; and WHEREAS, the Mendota Heights Planning Commission conducted a public hearing on July 25, 1989 to consider said application and recommended approval of the requested permit; and WHEREAS, the Mendota Heights City Council conducted a public hearing on the request and continued the hearing subject to resolving an access point concern; and WHEREAS, on May 1, 1990, the City Council received and discussed revised plans including an access point for the site off from Trunk Highway 110. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that a conditional use permit for construction of a visitor's center on the Dodge Nature Center's property be approved subject to the following conditions: 1. That all access for the visitor's center be gained* from Trunk Highway 110. 2. That the emergency vehicle access be designed to provide a turn around area for fire trucks. 3. That a bus parking area be provided. 4. That existing trees be protected and preserved to the greatest extent possible. 5. That handicapped access be addressed. Adopted by the City Council of the City of Mendota Heights this 1st day of May, 1990. By ATTEST: Kathleen M. Swanson, k CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto, Mayor f , L [,AAk �City of ! ,'.JA Mendota Heights April 27, 1990 Mr. Jim Malkowski Dodge Nature Center 1795 Charlton Street West St. Paul, MN 55118 Dear Mr. Malkowski: Your application for a L U P U A , will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, - � GLS 1i . lel C (7 The Council meeting starts at 7:30 o'clock P.M., here at City Hall in the Council Chambers. You, or a.representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended QgAruvaA n If you have any questions, please feel free`•to contact me. Sincerely, Kevin Batchelder Administrative Assistant 1101 Victoria Curve • 1Viendota Heights, MN . 55118 452.1850 ^ City of Mendota Heights April 24, 1990 Mr. and Mrs. Paul E. Rhein 522 Dodge Lane Mendota Heights, MN 55120 Dear Mr. and Mrs. Rhein: Dodge Nature Center's application for a conditional use permit for planned unit development will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, May 1st. .The hearing is scheduled for 7:45 o'clock P.M. The Council meeting starts at 7:30 o'clock P.M., here at City Hall in the Council Chambers. The Planning Commission recommended approval of a conditional use permit for planned unit development (CUP for PUD) subject to access other than Dodge Lane. If you have any questions, please feel free to contact-':_... me. sincerely, Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • 1Viendota Heights, MN . 55118 452.1850 City of ��,JA Mendota Heights April 24, 1990 Mr. and Mrs. Patrick Joseph Moran 508 Dodge Lane Mendota Heights, MN 55120 Dear Mr. and Mrs. Moran: Dodge Nature Center's application for a conditional use permit for planned unit development will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, May 1st. The hearing is scheduled for 7:45 o'clock P.M. The Council meeting starts at 7:30 o'clock P.M., here at City Hall in the Council Chambers. The Planning Commission recommended approval of a conditional use permit for planned unit development (CUP for PUD) subject to access other than Dodge Lane. If you have any questions, please feel free to contac�'•- me. Sincerely, Kevin Batchelder Administrative Assistant KLB : kkb 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 r- -ti City of Alendota Heights April 24, 1990 Mr. and Mrs. William J. Hodapp 530 Dodge Lane Mendota Heights, MN 55120 Dear Mr. and Mrs. Hodapp: Dodge Nature Center's application for a conditional use permit for planned unit development will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, May 1st. The hearing is scheduled for 7:45 o'clock P.M. The Council meeting starts at 7:30 o'clock P.M., here at City Hall in the Council Chambers. The•Planning Commission recommended approval of a conditional use permit for planned unit development (CUP for PUD) subject to access other than Dodge Lane. If you have'any questions, please feel free to contact,- :. me. Sincerely, Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve -Mendota Heights, AIN - 55118 452.1850 v City of ,�,JA Alendota Heights April 24, 1990 Mr. and Mrs. Gary Schokmiller 540 Dodge Lane Mendota Heights, MN 55120 Dear Mr. and Mrs. Schokmiller: Dodge Nature Center's application for a conditional use permit for planned unit development will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, May 1st. The hearing is scheduled for 7:45 o'clock P.M. The Council meeting starts at 7:30 o'clock P.M., here at City Hall in the Council Chambers. The Planning Commission recommended approval of a conditional use permit for planned unit development (CUP for PUD) subject to access other than Dodge Lane. If you have any questions, please feel free to contact-'* -.. me. KLB:kkb Sincerely,, Kevin Batchelder Administrative Assistant L' 1101 Victoria Curve -Mendota Heights, MN • 55118. 452.1850 CITY OF MENDOTA HEIGHTS MEMO April 25, 1990 TO: Mayor, City Council and City Admin o FROM: James E. Danielson, Public Works Di,ec Kevin Batchelder, Administrative Assi n Ci SUBJECT: Case.No. 90-11: Loving - Side Yard Setback Variance DISCUSSION Mr. James Loving, 672 Cheyenne Lane, appeared before the Planning Commission at their April meeting to request a side yard setback variance. This request was to allow construction of a four season porch.- (See attached.staff memos). The Planning Commission expressed a concern that the projection of the proposed porch might affect the neighbor to the south. Mr. Loving demonstrated that he had obtained the neighbors signature of consent. (2283 Nashua Lane) RECOMMENDATION The Planning Commission unanimously recommended that'. City Council approve an eight foot (81) side yard setback variance to the thirty foot (301) side yard setback maintained as a condition to a previous variance (Case No. 87-16) . ACTION REQUIRED Meet with the applicant, and if the Council desires to implement the Planning Commission's recommendation, pass a motion to grant an eight foot (81) side yard setback variance to the current thirty foot (301) side yard setback,. JED/KLB :'kkb CITY OF MENDOTA HEIGHTS MEMO April 18, 1990 TO: Planning Commission FROM: James E. Danielson, Public Works Dirc Kevin Batchelder, Administrative Assis a a SUBJECT: Case No. 90-11: Loving - Side Yard Setback variance DISCUSSION Mr. and Mrs. James Loving, 672 Cheyenne Lane, propose to construct a four season porch within their side yard area. (See attached application). The normal side yard setback is ten feet (101) and Mr. Loving's proposal would normally not require a variance. However, in 1987, Mr. Loving was granted approval for a rear yard setback variance subject to him maintaining a thirty foot (301) side yard setback. (See attached 1987 letter and memo). Mr. Loving has obtained signatures of consent from his neighbors. ACTION REQUIRED Meet with the applicant. Make a recommendation to the City Council on modifying the previously established condition to maintain a thirty foot (301) side yard by allowing the four season porch to project eight feet (81) into it. JED/KLB:kkb PLANNING REPORT DATE: 24 April 1990 CASE NUMBER: 90-11 APPLICANT: James Loving LOCATION: Southwesterly Corner of Cheyenne Lane and Nashua Lane (see sketch) ACTION REQUESTED: Variance to Side Yard Setback PLANNING CONSIDERATIONS: 1. A residence was recently built on this property by the owners conforming to the front yard setbacks on both Cheyenne Lane and Nashua Lane. These owners received a variance, however, to build within 10 feet of the westerly lot line. The westerly 30 feet of this lot is in fact the rear yard because the easterly frontage (on Nashua Lane) is legally the front. This variance was approved with the condition that the setback on the side yard (the south property line) would be maintained at 30 feet. Thus, the side yard was substituted for the rear yard. This was done with the neighbors knowledge and consent. 2. The applicants now propose to add a 12' x 12', four -season porch on the south side of the structure. This will project about 8 feet into a portion of the 30 -foot setback that was established for the side yard as a condition to the variance on the west side (where it is 10 feet rather than the required 30 feet). 3. It would appear that this intrusion into the 30 -foot setback will be minor. Attached - is a copy of a statement from John and Pat Krezowski of 2283 Nashua Lane indicating their approval for this addition to the Loving residence. 4. The application is a request for a variance to the condition that was attached to the previous variance proposal. The distance proposed (as indicated on the attached site plan) is that the southeasterly corner of the proposed porch would be 22 feet from the property rather than the required 30 feet. Thus, the variance is for a total of 8 feet. CITY +z h U 13 V F 7 "E / r v P Pu +� )0)S'1 0 /O n / -- ,e f 7 s 1 121 CHEM ENN r 2 `. 1JECT PR 5 OPERTY 30 /3z es 3 n 14)v SUB hw 3 (• NORTH 1�-200' SCALE ELAW RE CROS ING tnmLn7n �� A 2ND OOIT I N RECORD PIAT i W1 Z Z < FOR DETAIL S E � N !2o es Cn �� 8 � .g to Q Z m 4P !4 Cj It It 9s�Ay s 7 Z PIf s if 9a 6a 9s F.`,. x'. \ \ to 6 a s .F J w ; o % J7SJ CJ + • j i 1 ^� IT '' vs Ctrs I �f s 0U7 LOT C G _ --~ Q 3 ja C-- 10 Q - -• d o s 0 rr e7�, (L ` .. LIJ I aaUP Jt672 Cheyenne Lane Mendota Heights, MN 55120 612-454-8281 March 26, 1990 To: Members of the Planning Commission and the City Council From: Jim and Charlotte Loving Gentlemen: When my wife and I built out home at 672 Cheyenne in 1987, we hopedto eventually build a four -season porch and deck at the rear of the dwelling. Our pian now is to have Carl Thompson, president of Liberty Construction and the contractor on the original project, construct a 12x12 room with a cedar interior and Andersen windows. The room will be built of the same material as the original house. A deck will also be built next to the room. Access to the room will be through French doors from the house or through a sliding door off the deck. As my son is nearly six years old, we believe the room will provide privacy for my wife and me. We further believe that the combination deck -room area will be a nice place to entertain guests. We have discussed our plans with our immediate neighbors, and they seem to feel, as we, that the addition will improve our property value and be an addition consistent with other homes in the area. Thank you for your attention to this mattter. Cordially, Jim 1- 'ng I�, 0 a January 20, 1990 We, John and Pat Krezowski, of 2283 Nashua, Mendota Hts, MN, understand that James W. and Charlotte A. Loving of 672 Cheyenne Lane, intend to construct a 12x12 four season porch and deck at the rear of their home, and we agree to the granting of a variance for this purpose. John KrezoT46ki k- � Pat Krezowski I- Date u January 20, 1990 We, Leon and Sue Vogt, of 676 Cheyenne Lane, Mendota Hts, MN, understand that James W. and Charlotte A. Loving of 672 Cheyenne Lane, intend to construct a 12x12 four season porch and deck at the rear of their home, and we agree to the granting of a variance for this purpose. Leon Vogt Sue Vogt Date � City of .., , ,, J.A Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. q0-1 Date of Application Fee Paid _515.00 2C a=20 Applicant Name: 1- o ✓ " "/ G ✓A 44e- s L,/ PH: -/S7 y - 0-1. Y / (Last) (First) (w Address: -6-12- AeN400r-A /-174s 1411^1 976-12-6 (Number & Street) (City) (State) (Zip) Owner Name: Address: (Last) (First) MY (Number & Street) (City) (State) (Zip) Street Location of Property in Question: 472 C X e;� f AJ " e. .0 A ti e. Legal Description of Property: Type of Request: Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. Plan Approval Comprehensive Plan Amendment Applicable City Ordinance Number Present Zoning of Property T. Present Use Proposed Zoning of Property : Proposed Use _X Variance Subdivision Approval Wetlands Permit Other (attach explanation) Section I hereby declare that all statements made in this request and on the additio al material are true. (Signa of Applicant) (Date) (Received by - Title) 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 Administrative Offices CITY OF MENDOTA HEIGHTS July 8, 1987 Mr. James Loving 14381 Haywood Avenue Apple Valley, MN 55124 Dear Mr. Loving: This is to officially advise you of City. Council action taken on your recent request for a variance for 672 Cheyenne Lane. As you may be aware, the Council considered this matter at their meeting of last evening and unanimously granted approval of a 20 foot rear yard setback variance -subject to you providing a 30 foot minimum setback from the "longside" side yard. If you have any questions on this matter, please feel free to call. Sincerely, Mary Ln DeLaRosa Deputy City Clerk cc: Paul Berg, Code Enforcement Officer 10 750 South Plaza Drive . Mendota Heights, Minnesota 55120 • 452-1850 CITY OF MENDOTA HEIGHTS MEMO June 24, 1987 TO: Mayor, City Council and City. ator FROM: James E. Danielson Public Works Director SUBJECT: Loving - Variance Case No. 87-16 nTgrllRSTnN Mr. James Loving and his builder met with the City Planner the day before the June Planning Commission meeting to discuss a rear yard setback variance. Mr. Loving has recently moved to the Twin Cities area and needs to have his home completed rapidly in order to have a place to live. He plans to build a home on a lot that he has purchased in Delaware Crossing. That lot is a corner lot, and for corner lots the legal frontage is the narrowest side abutting a street, the rear yard is the side opposite. In Mr. Loving's case, as has been the problem several times in the recent past, the functional or logical backyard is the side opposite the longest side. Because of the shape of his home Mr. Loving needs to construct his home fronting on the longest side causing him to be in violation of the City's rear yard setback. Because time is of the essence for Mr. Loving to move into his home, he contacted the Planning Commission Chairman to arrange to set a special meeting to consider the matter. Chairman Morison saw no difficulties with. the request so he invited Mr. Loving to quickly make an application on, Tuesday, the day of the Planning Commission meeting and be considered,-as.a handout item on that night's agenda. RECOMMENDATION: The Planning Commission feels that corner lots such as these pose a hardship for homebuilders and that perhaps the City's Ordinance should be amended to provide flexibility in corner lots for selecting the appropriate rear yard. They voted unanimously to recommend approval of a 20' rear yard setback variance for 672 Cheyenne Lane, subject to the applicant providing a 30 foot minimum setback from the "longside" side yard. ACTION REQUIRED: If Council desires to implement the Planning Commission recommendation they should pass a motion approving a 20' rear yard setback variance for 672 Cheyenne Lane subject to the applicant providing a 30 foot minimum setback from the side yard. Mr. James W. Loving 672 Cheyenne Lane Mendota Heights, MN 55120 Dear Mr. Loving: City of Mendota Heights April 27, 1990 Your application for a V O.•('LaV►C_e , will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, �1c.y J k- - pito The Council meeting starts at 7:30 o'clock P.M., here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended 0.r � � � a.r � ah ce � �t.-e re.g u �.�.c4 ij, y ccvt�lv�'t,o �•,� If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 City of .. A A, jk , 1Viendota Heights April 19, 1990 Mr. James W. Loving 672 Cheyenne Lane Mendota Heights, MN 55120 Dear Mr. Loving: Your application for a Vo�.0 O_nC ,will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall'in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Commission consideration. If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Ue) Administrative Assistant KLB:kkb 1101 Victoria Curve • Mendota Heights, MN • 55118 452.1850 CITY OF MENDOTA HEIGHTS MEMO April 18, 1990 TO: Planning Commission FROM: James E. Danielson, Public Works Dirc Kevin Batchelder, Administrative Assis nt�q SUBJECT: Case No. 90-12: J.A. Development - Wetlands Permit DISCUSSION Mr. John Mathern of J.A. Development, is proposing to construct a house on Lot 6, and 1/2 of Lot 5, Block 1, Tilsen's Highland Heights Addition. This lot, which was subdivided last year, and several of the adjoining lots are totally within the Wetlands District (see attached map). This request is to allow construction of a home within a Wetlands District boundary. Section 8c of the Wetlands Ordinance allows the Planning Commission to exempt the subdivider from complying with any inappropriate requirements of this ordinance in the case of a single family development. It has been the City's policy in the past to waive the public. hearing requirement for development of a single residence.. ACTION REQUIRED Consider waiving the public hearing, and make a recommendation to the City Council on the Wetlands Permit request. JED/KLB:kkb U CITY OF MENDOTA HEIGHTS MEMO April 25, 1990 TO: Mayor, City Council and City Admini&or FROM: James E. Danielson, Public Works Direct Kevin Batchelder, Administrative Assista SUBJECT: Case No. 90-12: J.A. Development - Wetlands Permit DISCUSSION Mr. Bob Brasch, representing J.A. Development, appeared before the Planning Commission at their April meeting to request a Wetlands Permit to allow construction of a new home on Lot 6, and 1/2 of Lot 5, Block 1, Tilsen's Highland Heights Addition. This lot is entirely within the Wetlands District as a result of its poor soil and high water table (see staff memos). The Planning Commission discussed the soil correction measures with the applicant. The applicant indicated the" poor soils (peat) would be excavated and removed and replaced by a sandy clay with drainage away from the compacted soils. Also at the meeting, Commissioner Tilsen asked if this development would cause a drainage problem in the area. After the meeting, staff completed another"on site inspection to confirm that there would be no problems (see attached map for situation). Staff continues to feel that this construction will not have a drainage problem. RECOMMENDATION The Planning Commission unanimously waived the requirement for a public hearing. The Planning Commission recommended that City Council approve the Wetlands Permit to allow construction of a new home at Lot 6, and 1/2 of Lot 5, Block 1, Tilsen's Highland Heights Addition. JED/KLB:kkb PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 24 April 1990 90-12 J.A. Development Southwesterly Corner of Douglas Road and Douglas Court (see sketch) Approval of Wetlands Permit 1. This property is Lot 6 and half of Lot 5 of Block 1 of Tilsens Highland Heights Plat that was developed over 30 years ago. This lot and some of the lots in the immediate area are on an area of very poor soil and were not developed for an extended period of time. You will recall this lot since within the last year, half of Lot 5 (west of Lot 6) was added to Lot 6. The remainder of Lot 5 was added to the other contiguous lot to the south. The owners of these two lots (contiguous to Lot 5) owned the lot together and ultimately decided to divide in the form of two triangles. . You will note this triangular portion of Lot 5 in a survey submitted by the applicant indicating the total lot (Lot 6 and half of Lot 5). On this same drawing, they have indicated the location for a new house to be constructed on Lot 6. 2. Also attached is a copy of the wetlands map showing the subject property. You will notice that most of the proposed site is within an area designated as a wetlands in the initial survey done back in the early 19701s. This designation is here since this is an area of . poor soils and a high water table. Sometime in the past, this property and others in the area have been filled. As a result, soil tests indicate that there is gravel fill varying from 1 to 7 feet in depth in the area where the house is to be built. Under that gravel is a layer of peat 7 to 19 feet deep. Below 19 feet there is sandy soil. The water table is at 9 feet. 3. With the lot having been filled, it is developable at this point, though expensive. Mr. John Mathern, J.A. Development Company, informs us that they intend to dig down to the good soil to construct footings for the foundation of the single-family home proposed for this site. Due to the demand for lots in Mendota Heights, it is worthwhile to construct foundations utilizing such an expensive technique. 4. In some cases, where such poor soils and high water tables are designated as a wetland, it may be appropriate to retain the wetlands system. If such an area is large enough, it may be retained for public purpose such as a park. In fact, Mendota Heights' first park is such an area where the PUD approved for the Ivy Falls Townhouses provided 7 acres of land where soil and water table conditions made the land difficult and expensive to develop. In this case, however, it appears that the total area of land involved is relatively small and has already been platted for development. It was thus a question of time before the land was of such a value that an expensive foundation makes the development of the property economically viable. Thus, it would appear that a Wetlands Permit would be appropriate allowing the property to be developed for a new single-family residence in Mendota Heights. .. ' • MAYFIELD H ..00, V'o • • • • • TOF • • • • • `'� •,�� DOUGLAS • _� =' '' N ����i • 1 1• SUBJECT PROPERTY • i KINGS, -F.'( • NORTH • SCALE 1 "=400" • •Ii-(, ,t ins.. (::it jf°="K s 1,' i`,n lio {I,r .. .. Lu'�..i ' • Y • • �.% 0 CC ui —MARIE AVENU • '•'4• -- 2r t '�: • • • • • L UE • • BWANA • • • • • ' / • r �\ I CT. • — • •. ,�11 . • DRIVE • o • • J f — _ • • • MENDOTA ELEMENTARY f f 46 • • J SCHOOL I PUBLIC) VOW /{ott� .• _....... J ///� ii 4 Vii...... ..i�'-..` l 'Yp�. `,� •.•f..... +'�' �r ��/. ... : n. s.6 .y•1: ,,s ........................ � Yx ab _. .. t Hi I..... .... ........ M�._.._..-... f..,• 1` : .......... _.. �€;: ,880......E-._ ..... _ �,-�, i �:., - •..�. _.. SUBJECT PROPERTY. ._ ... �....' _ ,r._ .................. . NORTH SCALE SCALE -1"=500'-- ;; _--'----._. ............._.. :�:._:._A..:.._w.s.. ..... -.. -�... -. E n� ... ...........,( 4'11... ...... � �� � � i t 9th � t ... ;��....._.,�_�.._.. •• .,'r - '-� ' � EkA City of ., JA Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. PC)— [ o� Date of Application Fee Paid Applicant Name: '-J,41 1�iO_6 (Last) (First)Address: A/9'7 �l (Number & Street) _ (City) (State) • (Zip) Owner Name: (Last) (First) ME Address: / & G1111AJ6S-1747 &ItOT�@Mc . (Number & Street) (City) (State) (Zip) II'' Street Location of Property in Question: Legal Description of Property: R000(:� / %/4-_2'_-A ,r1/6f/64XJa Type of Request: Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. Plan Approval Comprehensive Plan Amendment Applicable City Ordinance Number Present Zoning of Property I, Present Use Proposed Zoning of Property : Propose I hereby declare that all statements made in this material are true. Variance Subdivision Approval Wetlands Permit Other (attach explanation) Section (Received by - Title) 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 1906 Livingston Avenue (612) 455-5511 West St. Paul, MN 55118 (612) 455-8295 f .f 1906 Livingston Avenue (612) 455-5511 West St. Paul, MN 55118 1 (612) 455-8295 f 4�r 17-F �1�� � 1 y �» 1. � •, T fi�tC'�"�?�_}.•' 34 Y�.���i✓�.�• ;1 x.71 �7. , � �� ��;• is ED: ' Date Signature LEG ESI D 11- itland,,'R S tems W.10ro Ra �itiveSo1lS h;`" ;r Intermittent - �; 4- ' N� Draira @ .Way - S TO _ p iy> -p > `,i '�•'/�',�t ��J. ,vim r. �- S ! - , ,, f < 42. 4 . tit MENAAKOTA C ♦ � 1C" � 1 •'-yam t.' •!f � 1 +, LAKE At/BI/Sr,A a COtljh�RaF' J y L Ilf ilw C- few ___ TwiSM a i City of ..�, Alendota Heights April 19, 1990 Mr. John Mathern JA Development 1906 Livington West St. Paul, MN 55118 Dear Mr. Mathern: Your application for a ftym , will be ' . considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday,a i'lp l M "I., The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Commission consideration. me. If you have any questions, please feel free to contact Sincerely, WOI�-" � icy( Kevin Batchelder Administrative Assistant 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 Mr. Bob Brasch J.A. Development 1906 Livingston West St. Paul, MN 55118 Dear Mr. Brasch: City of Mendota Heights April 27, 1990 Your application fora will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, The Council meeting starts at 7:30 o'clock P.M., here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended Q p V rov0.l a Vr—S S vu C's 4e.0. �.1r-a.1. %n Co'j, C_* � If you have any questions, please feel free"to contact me. Sincerely, (Gt_� 8 Kevin Batchelder Administrative Assistant KLB:kkb cc: John Mathern 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 April 17, 1990 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Attn: Kevin Batchelder Dear Kevin, 1906 Livingston Avenue (612) 455-5511 West St. Paul, MN 55118 1 (612) 455-8295 We are requesting a wetlands approval to correct the soils on lots 5 and 1/2 of lot 6, block 1, Tilsen Highland Heights (comer lot at -Douglas Pond and Douglas Court just off Lexington). The soil corrections are the first step in building a home on the site similar to the attached elevation. If there are any additional questions, I will be available at the planning commission to CITY OF MENDOTA HEIGHTS MEMO April 26, 1990 TO: Mayor, City Council and City Admin64or FROM: James E. Danielson, Public Works Dire Kevin Batchelder, Administrative Assis n r SUBJECT: Case'No. 90-09: Gesell - Preliminary Plat DISCUSSION Mr. Paul McGinley and Mr. James Gesell appeared before the Planning Commission at their April meeting for a subdivision request for Mr. Gesell's lot. The lot is located in the R -1A Zoning District bounded by Dodd Road, Wentworth Avenue, Delaware Avenue and Marie Avenue (see attached staff memos). The Planning Commission had two concerns, both of which were addressed by the applicant. One concern was the possibility of a future street system for the "super block" to accommodate future subdivisions. Mr. McGinley presented'a possible street system to handle circulation within the area: (see attached street circulation plan) The second concern was the need for a public utility easement into the proposed Lot 2 to serve future utility needs of the City. Mr. Gesell agreed to -allow this easement across Lot 1. RECOMMENDATION The Planning Commission recommended unanimously that City Council approve the preliminary plat and variance to allow a lot without a frontage of 150' subject to a utility easement along Lot 1 to serve Lot 2. ACTION REQUIRED If Council desires to implement the Planning Commission recommendation they should pass a motion approving the preliminary plat subject to the provisions of a public utility easement along Lot 1 and granting a variance to the required 150' of frontage along a public street. JED/KLB:kkb CITY OF MENDOTA HEIGHTS MEMO April 18, 1990 TO: Planning Commission FROM: James E. Danielson, Public Works Dirc Kevin Batchelder, Administrative Assis nt SUBJECT: Case No. 90-09: Gesell - Preliminary Plat DISCUSSION Mr. James Gesell owns a 7 plus acre lot in a R -1A District off of Dodd Road between Marie Avenue and Wentworth Avenue. Mr. Gesell currently lives on the site. He proposes to subdivide that site into one '.�- plus and one .5 -plus acre parcels. The proposed subdivision meets all the area and setback requirements set forth in the R -1A District. Access to the site is provided by a long driveway located within a private easement off of Dodd Road. The lots do not have the required 150' of frontage on a public street. There is not public sewer and water available to the site and.the new home will have to be served by private well and septic system. There is a Wetlands on the site, however,. the new home construction is shown to be in excess of a hundred feet (1001) from the Wetlands boundary. If the home site remains in excess of a hundred feet (1001) from the Wetlands, no Wetlands permit will be required. The Police Department has reviewed this request and does not object to having these homes located on long driveways, however, they do desire to have the individual addresses better delineated to facilitate a more rapid response in the event of an emergency. These addresses should be well defined both along Dodd Road and at the driveway as you approach the homes. ACTION REQUIRED Conduct the public hearing. Make a recommendation to the City Council on the granting of a variance to allow a lot without 150' of frontage and a preliminary plat. JED/KLB:kkb PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 24 April 1990 R. James Gesell Between Dodd Road and Delaware, Northerly of Marie (see sketch) Approval of Land Division and Variance to Street Frontage Requirement 1. The property in question is a 7.15 -acre tract, all of which is zoned R -1A and is located approximately in the middle of the "super block" bounded by Marie Avenue, Delaware Avenue, Wentworth Avenue, and Dodd Road. Attached is a copy of the zoning map and the map indicating the location of residences in the City of Mendota Heights. 2. The R -1A Zone that applies to this property has a minimum lot area size of 40,000 square feet, a lot width of 150 feet, a front yard setback of 50 feet, a side yard setback of 20 feet, and a rear yard of 30 feet or 20% of the average lot depth, whichever is greater. A residence in this district may be a maximum of three stories in height. You will note that most of the parcels within this area (north of Marie) are much larger than the minimum 40,000 square feet (1 acre equals 43,560 square feet). However, you will note that the smaller lots contiguous to Ridgewood Drive are platted at approximately 40,000 square feet. 3. Also, most of the parcels within this area (roughly one-half mile square) have direct access to the major thoroughfares that form the boundaries of the area. Except on the west side, some of these properties have access via private drives. The property in question is one such property. On the map indicating the location of the residence, private driveways extending off of a public easement that runs up to the property in question and the immediate property to the south are shown. 4. The applicant has submitted a survey prepared by Paul McGinley indicating the proposal to divide the 7.15 -acre parcel into two tracts. The northerly tract occupied by the existing house would consist of 2.14 acres (93,378 square feet) and the southerly tract would have 5.01 acres (218,365 square feet). Thus, the proposed lots easily exceed the 40,000 square -foot lot area minimum. 5. The access to the property is proposed to be the continuation of the private road that serves the existing parcel. You will note how this is proposed to be done in the drawings submitted by Mr. McGinley. Thus, R. James Gesell, Case No. 90-09 Page 2 the proposed parcel to be created will not have frontage on a public street. This condition requires a variance to the platting regulations. 6. Also, the width of the lot as measured at the building line is indicated on the survey as 140 feet. This distance is supposed to be a minimum of 150 feet. Obviously, the house could be moved further to the northeast and the building line would be 150 feet or more. The house conforms to the minimum 20 -foot setback on the south side. On the north side, the setback is proposed to be 35 feet. 7. It is possible to extend the public street to both of the properties in question, the existing lot and the proposed lot. This could be accomplished by extending the public right-of-way to the east to the approximate point where the driveway extends northeasterly to serve both the existing and proposed residences. Such a public street and cul-de-sac would also serve the Ritter house to the south. Many of the owners of these large rural -type residential parcels would rather not be served by an urban street system involving a street and cul-de-sac properly curbed and drained. In cases where very large parcels are involved (as is the case here), the City has in the past allowed for the extension of private driveways to service parcels such as we have here. 8. One of the options that might be considered if the Planning Commission and Council cared to, is to consider providing for a public easement so as to extend the existing 33 -foot public easement easterly into the property in question. This would provide for a future buildable lot in the northwest corner of the property in question, should that be desired at some point in the future. 9. Due to the location of the existing homes, it would appear unnecessary to consider the extension of a public right-of-way down the property line to the east toward the low area on the east side of the property. The proposed location for the residence to be built on the lot is a good building site. It would also appear that the extension of such a public road would have an adverse effect on the Ritter house to the south. 10. These residences are not served by public sewer and water, and thus, the necessity for a public street to be contiguous to the properties is less serious than would normally be the case. As long as the properties in question and the area around it remain in their semi -rural condition, provisions for full utilities and a normal street system may not be essential. If, however, a public easement is provided east of the existing easement (into the property in question), a public street could be projected south around or through the Ritter property to develop that' land further and/or properties to the south as well. Thus, it would seem a public easement across the south 33 feet of the first parcel (up to the second parcel) may be an appropriate protection for consideration of the future extension of public rights-of-way to serve the area. ( Privple) I ::::::.... _ D. — l `l I • - �I 11 �_ � � l � J �.� 11 ( V • • II Al J l SUBJECT PROPERTY ':� i i I ::::::.... l `l J l SUBJECT PROPERTY _ NORTH SCALE lu=400' I --'- -MARIE -AVENU • • • • it ,4ALLA AN PL • • II II II _ / �.._ ck-... 'I. SOMEpSET EIEM. `--`i_U I ' EMERSOu eVEkUE MA'"Aji City of 1Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Applicant Name: Gesell (Last) Address: 1738 Dodd Road (Number & Street) Owner Name: As Above Address: (Last) (Number & Street) Street Location of Property in Question: Case No. Date of Application '�4- Fee Paid `��J� CXR RCC a3'�1r1 R. James nv. 290-6973 (First) (NII) Mendota Heights (City) (First) (City) 1738:. Dodd Road MN 55118 (State) (Zip) (NM (State) (Zip) Legal Description of Property: See Attached Sheet Type of Request: X Rezoning Variance Conditional Use Permit Subdivision Approval Conditional Use Permit for P.U.D. Wetlands Permit Plan Approval Other (attach explanation) Comprehensive Plan Amendment Applicable City Ordinance Number Present Zoning of Property I;• Present Use Proposed Zoning of Property : Proposed Use Section I hereby declare that all statements made in this request and qmhth additional material are true. C L Signature of Applicant) p� an JI) o'_ ODate) �G (Received by - Title) 1101 Victoria Curve -Mendota Heights, MN - 55118 452.1850 � City of .,, Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Applicant Name: Gesell (Last) Address: 1738 Dodd Road Owner Name: (Number & Street) As Above (Last) Case No. QD— Oq Date of A lication X -5- go'. Fee PaidL� a3r1 rl R. James PH: 290-6973 (First) (NII) Mendota Heights MN 55118 (City) (State) (Zip) (First) W Address: (Number & Street) (City) (State) (Zip) Street Location of Property � 1738 Dodd Road m Question: Legal Description of Property: See Attached Sheet Type of Request: X Rezoning Variance Conditional Use Permit �- Subdivision Approval Conditional Use Permit for P.U.D. Wetlands Permit Plan Approval Other (attach explanation) Comprehensive Plan Amendment Applicable City Ordinance Number Section Present Zoning of Property r• Present Use Proposed Zoning of Property : Proposed Use I hereby declare that all statements made in this request and additional material are true. C L ( Signature of Applicant) pc{ �%�Gdyan d Jocti / i� S Ol o •Pr f" J ) �G ate .,I (Received by - Title) 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 . w ° . N J i 1 7O • nm O M m d d N •r> m P C • i q ++ v+ a o • d f, a - C i d ++ . •.. .z ., C O •O tC ao c Om N m 1m d E- 4. ami o+°+• . roto cc to d a ++ 3 d d C N'm d d N m .a Cd v+ C +� C ' O f. C q .O '. •+ +D V w .. dl -.4 d m 04.. P U d Cpm L m wG mC dF. ' bu� K to q d Nd i�. q d R +C+ Cp i,a d M N C Cp i• O .i+' d w s C O •r+ cs 0. A q Q . d m 044 d E Q ++3 .0 44:A z C w M ,r G7 ++ 0 o q ep's f 7 cc fes. s M 2 i M to 44 O >; d O m wz qs zw °z ° aoi r d 420 Cp Cp 0+3 to m M M O M m ' C 10 '/1 ,' ; +- Vl q O dA m'q .A d • w z E U)i E.. M CC d C MO• .•+ E E.7 O O.+ E _ cn e% A epq - ' z ++ +- q wo d O C. •+ d N C O Cm Om .+ to - Ow RH O Mj A O_U • .l. 'O ' q H -00 .+ w q . UN q N O m in O O L 0 d +. . ' fA .•�7 V1 m O . M 3' ' C O 0 m'm O r-� • ON ' O +� d d N .a C WL M.� A ++ 4) M q P O r+ . 1+ Cl) 4 o N a e L e .4 m 44 z 14 a m o r- $4 Ul% a O m m o c tD C13 W 4- O ~ C CD N 0,4 N .C' O C k t, .+ ' .+ m +1 4+ M O 0,0 +, O . }. +3 +. . .. 41 C w d q d O C as m d m H C++C m -.5 4) m ww O .+ d C L t9 O Cd O .: _.. .. .4) E+ env 0 (� 4a q d 1•. d 'O d O .+ - O +a d d d k .9+1 +� ++ T d O d m 7 d H e +L a cc $+ a) O$ O +� 010 m C 0 4) O d ++. q Cp RM+17. LM q _ +1 a+3 ; N c kt d N o o = ,+ .o m s. a a • CD O N ei O M •. +� q O m +C+ L n E .a m O .+ C Cp'O C + O O O m nCity of , 1, � 1Viendota Heights April 26, 1990 Dear Resident: I am sending a copy of the public notice for a subdivision in your neighborhood that appeared before the Planning Commission on April 24, 1990. Mr. Gesell is applying for a.subdivision in order to split his lot and construct a single family home on the new lot. This item will be considered by the City Council on May 1, 1990. The City Council consideration of a subdivision does not require a public hearing. I am writing to you because this item was inadvertently advertised for the May 15, 1990 Council meeting. I am notifying you that this item will appear.;before the City Council at their May 1, 1990 meeting should you have any concerns with it. If you have any questions or concerns, you may contact me at 452-1850. Sincerely, 64x' - Kevin Batchelder Administrative Assistant KLB:kkb Attachment 11 0 1101 Victoria Curve -Mendota Heights, AIN • 55118 452.1850 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING April 5, 1990 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of the City of Mendota Heights will meet at 8:30 o'clock P.M. on Tuesday, April 24, 1990, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. R. James Gesell for the subdivision of the following described property: All that part of the north 267.00 feet of Lot 51, AUDITOR'S SUBDIVISION NO. 3, MENDOTA, lying easterly of the following described Line A: Line A Beginning at a point on the north line of said Lot 51, said point being 138.70 feet east of the north -south 1/4 line of Section 24, Township 28, Range 23, Dakota County, Minnesota; thence southeasterly to a point on the south line of Lot 50 of said AUDITOR'S SUBDIVISION NO. 3, MENDOTA, said point being 255.0 feet east of said north -south 1/4 line and there terminating. More particularly, this property is located at 1738 Dodd This notice is pursuant to City of Mendota Heights Ordinance No. 301. Such persons as desire to be heard with reference to the proposed preliminary plat will be heard at this meeting. Kathleen M. Swanson City Clerk .m. Mr. R. James Gesell 1738 Dodd Road Mendota Heights, MN 55118 Dear Mr. Gesell: City of Alendota Heights April 27, 1990 Your application for a J u Ut U LS to v+ , will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, The Council meeting starts at 7:30 o'clock P.M., here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended 0,q -OVCJ � �v-e- � ,w. ,h �.., e � ��- . s v� , e c � -%a -�cr-� J �•o u � s � Oz.. v,rLt ,,- �o" L,,4- If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant KLB:kkb cc: Paul McGinley •• Paul R. McLagan and Son 940 South Robert Street West St. Paul, MN 55118 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 Mr. R. James Gesell 1738 Dodd Road Mendota Heights, MN 55118 City of Alendota Heights April 19, 1990 Dear Mr. Gesell: Your application for a kbdu�6 will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Commission consideration. If you have any questions, please feel free to contact me. cc: Paul McGinley Paul R. Mclagan and Son 940 South Robert Street West St. Paul, MN 55118 Sincerely, Kevin Batchelder Administrative Assistant M 1101 Victoria Curve • 1Viendota Heights, MN . 55118 452.1850 CITY OF MENDOTA HEIGHTS MEMO April 25, 1990 TO: Mayor, City Council and City Admini4�`v"` FROM: Paul M. Kaiser, Fire Marshal SUBJECT: Amendment of Fire Prevention Code DISCUSSION In July of 1987, the City Council adopted a Fire Prevention Code consistent with the 1982 State Fire Code. Since that time, the State has adopted the 1988 State Fire Code. The Fire Prevention Code under consideration has been changed, as indicated below, to reflect the new State Code and local needs. Additions Section 7.1 - Owners of existing buildings shall provide current "as built" information in a manner, form and frequency as required by the Chief. Section 9.4 - Yearly maintenance tests, according to N.F.P.A. 13 A and inspection, testing and maintenance records shall be kept on the premises available to the enforcing officer for review. Section 9.8 - Yearly maintenance of fire systems;and records of all inspections, tests and maintenance shall be kept on the premises for review by the Chief. ACTION REQUIRED Should Council desire to amend the current Fire Prevention Code, Council should adopt Ordinance No. 270, "AN ORDINANCE AMENDING ORDINANCE NO. 239". PMK:kkb CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. a70 . (Codified as Ordinance No.1007) AN ORDINANCE AMENDING ORDINANCE 239 Section 1. Ordinance Number 239 An Ordinance Adopting the 1988 Minnesota Uniform Fire Code and the National Fire Code By Reference is hereby amended in its entirety so that as amended it shall read as follows: SECTION 1. FIRE PREVENTION CODE 1.1 Uniform Fire Code Adopted There is hereby adopted by the City of Mendota Heights for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain Code known as the 1988 Minnesota Uniform Fire Code, hereinafter known as the MUFC, as amended by Minnesota Rules Chapter 7510.3100 to 7510.3280, and the Uniform Fire Code Standards published by the Western Fire Chiefs Association, being particularly the 1988 edition thereof and the whole thereof, save and except such portions as are hereinafter modified, or amended by Section 9 of this ordinance. A copy of the MUFC shall be marked as "official copy" and kept available for public use in the office of the city clerk. A copy of the Uniform Fire Code Standards shall be marked "official copy" and kept in the office of the Fire Marshal. In the event that the MUFC and the Uniform Fire Code Standard are silent on any subject, the current provisions of the National Fire Codes, Volume 1 through 12 shall apply. 1.2 Definitions 1.2(1) Wherever the word "jurisdiction" is used in the MUFC, it shall mean the City of Mendota Heights. 1.2(2) Wherever the term "Corporation Counsel" is used in the MUFC, or this ordinance, it shall mean the attorney for the City of Mendota Heights. , 1.2(3) Wherever the term "Chief" is used in the MUFC, it shall mean the City of the Mendota Heights Fire Department, his authorized representative, or the Fire Marshal. 1.2(4) Wherever the term "Refuse" is used in this Ordinance, it shall mean any combustible waste material, trade waste, or garbage containing carbon in a free or combined state. 1.2(5) Wherever the term "Open burning" is used in this Ordinance, it shall mean burning any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through an adequate stack, duct or chimney. 1.2(6) Wherever the term "Garbage" is used in this ordinance, it shall mean animal and vegetable matter such as that originating in homes, restaurants and food service and processing establishments. 1.2(7) Where the term "Trade waste" is used in this ordinance, it shall be deemed to mean solid, liquid, or gaseous material resulting from any business, trade or industrial activity, construction activity or any demolition operation including but not limited -to plastics, cardboard cartons, grease, oil, chemicals, and cinders. SECTION 2. ADMINISTRATION AND ENFORCEMENT The Chief shall be responsible for the administration and enforcement of this code to ensure compliance therewith. SECTION 3. OPEN BURNING 3.1 Open burning in the City of Mendota Heights requires a permit issued by the Minnesota Pollution Control Agency 3.2 No person, firm or corporation shall dispose of refuse by open burning or cause, suffer, allow, or permit open burning of refuse upon or from any residential property situated within the City or upon or from any property in the City situated in -'an - area designated as residential district under the' .. City Zoning Ordinance. 3.3 Exceptions from Section 3.2 may be allowed for cause shown upon application and approval of the City Council provided that such burning is not prohibited by or is conducted in compliance with any;other applicable ordinances, laws or regulations. Exemption from the provisions of this ordinance shall not excuse a person, firm or corporation from the consequences; damages or injuries which may result therefrom. 3.3(1) The following is an exception to section 3..3: Fires purposely set for the instruction and training of the Mendota Heights Fire Department. SECTION 4. RECREATIONAL FIRES A recreational fire shall not exceed three foot by three foot (31x3') in size. A permit, obtainable from the Chief, shall be required for all recreational fires. 2 SECTION 5. FIRES OR BARBECUES ON BALCONIES OR PATIOS 5.1 In any structure containing two or more vertically stacked residential units no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio immediately adjacent to or within fifteen (15) feet of any unit. 5.2 No person shall store any fuel, barbecue, torch or other similar heating or lighting chemicals or devices in either of the places cited in Section 5.1. 5.3 Use of liquefied petroleum Vas on balconies or patios as described in Section 5.1 or storage in basement shall be prohibited. SECTION 6. ESTABLISHING FIRE LANES 6.1 The Fire Chief is hereby authorized to order establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or building may not be obstructed. 6.2 When a fire lane has been ordered to be established pursuant to Subdivision 1 of this Section, it shall be marked by a sign bearing the words "No Parking - Fire Lane" on both sides of the sign. When the fire lane is on public property or a public right-of-way, the sign or signs shall be erected by the City., and when on private property, they shall be erected by ;. the owner at his expense. 6.3 Fire lane signs shall be twelve inches by'eighteen inches (12"X18") and shall be white with red lettering and be clearly visible from a distance of one hundred (100) feet. When there is curb adjacent to the fire lane, the curbing is to be painted yellow. Signs shall be mounted at a heights of five (5) feet but no more than six (6) feet to'the top of the sign. SECTION 7. "AS BUILT" PLANS REQUIRED The Mendota Heights Fire Department requires that a fire protection "AS BUILT" plan of new and existing buildings be submitted to the Fire Chief. The "AS BUILT" must be an 8 1/2" by 11" reproducible, legible, mylar plan and shall identify: a. Fire Department Connection b. Post Indicator Valve C. Sprinkler Riser valves and locations 3 Id d. Access Doors e. Roof Vents, Hatches f. Number of Stories in the Building g. Stairway Locations h. Standpipes i. Fire Lane j. Building Dimensions k. Utility Shut Off Locations 1. Fire hydrant locations m. Watermain Locations and Size n. Location of Aboveground and Underground Fuel Storage o. Hazardous Materials Storage Room p. Type of Construction 7.1 Owners of existing buildings shall provide current " as built" information in a manner, form, and frequency as required by the Chief. SECTION 8. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS TO BE PROHIBITED 8.1 The limits referred to in Section 79.401 of the MUFC in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby established as follows: all "R" and "B" Zoning Districts.. 8.2 The limits referred to in Section 79.1401 of the MUFC in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: all "R" and "B" Zoning Districts. SECTION 9. AMENDMENTS General. The MUFC, adopted by Section 1, is,amended as set forth in the section. 9.1 Section 4 is hereby deleted. (Permits) 9.2 Section 10.206 is amended by adding a new subsection (c) which shall read as follows: "All snow shall be removed from and around private fire connections or private fire control valves within twenty-four (24) hours of a snowfall." 9.3 Section 10.301 is amended by adding a new subsection (g) which shall read as follows: "All new and existing gate valves on automatic fire extinguishing systems having over 100 sprinkler heads shall have an approved tamper switch installed." 4 9.4 Section 10.301 is amended by adding a new subsection (h) which shall read as follows: "All sprinkler systems over 100 heads shall be monitored by a listed UL Central Station. All sprinkler valves, post indicator valves, and tamper switches shall'be monitored by an approved listed UL certified central station." Sprinkler systems -under 100 heads shall be maintained in a manner approved by the Chief. Yearly maintenance tests, according to N.F.P.A 13 A, shall be performed on all systems by competent personnel. Inspection, testing, and maintenance records shall be kept on the premises and available to the enforcing officer for review. 9.5 A new section 10.314 is added as follows: "Section 10.314 PORTABLE FIRE EXTINGUISHERS, LOCATIONS, TYPES, INSPECTIONS, AND MAINTENANCE REQUIREMENTS. (1) Multiple dwellings. All areas throughout the building shall be protected by one (1) ABC multipurpose extinguisher of a size no less than five (5) pounds and so located that no person shall travel in excess of fifty (50) feet to reach a fire extinguisher. One (1) ABC multipurpose dry chemical extinguisher of a size not less than ten (10) pounds shall be provided for boiler, furnace or electrical rooms. (2) Retail and Commercial Establishments. All boiler, furnace and electrical rooms shall be protected with a ten (10) pound (minimum) ABC extinguisher. (3) Extinguisher Servicing. a. All fire extinguishers shall be periodically checked, tested, and serviced but not less than once annually. b. Only licensed personnel will be accepted as servicing agents. C. Extinguishers shall be serviced and refilled after each use. 9.6 Portable Trash Containers. A new Section 11.201(e) shall be added as follows: "All interior containers shall be enclosed in an area with a two (2) hour fire resistive rating. The area above the containers shall be protected with. automatic sprinklers capable of handling the expected combustible load. 5 9.7 A new Section 11.301(a) Reporting of Fires, is hereby added as follows: "The sounding of any fire alarm, bell, horn, audible device, or signal from a monitoring station shall be immediately reported to the Fire Department." 9.8. A new section 14.106 (c) Maintenance and Testing of Fire Alarm Systems is hereby added as follows, "Fire alarm systems required by article 14 of the Minn. Uniform Fire Code or by an applicable Section of the Uniform Building Code, shall be maintained yearly in accordance with N.F.P.A. Chapter 8, (1987 edition). Records of all inspections, tests, and maintenance shall be kept on the premises for review by the Chief. 9.9 Article 82, Liquefied Petroleum Gases, is deleted in its entirety and NFPA article 58 is hereby adopted as amended. SECTION 10. MUFC Appendices. 10.1 The following appendices to the MUFC shall be deemed a part of this code and shall be enforced as such: I -A Life Safety Requirements for existing buildings I -C Stairway identification II -A Suppressions and control of Hazardous Fire Areas II -B Protection of flammable or combustible liquids III -C Testing fire extinguishing systems, standpipes and combination systems. 1V -A Flammable floor coverings V1 -D Reference tables from UBC 10.2 Appendix II -B, Protection of Flammable or Combustible Liquids, is amended to read as follows: "In addition to the foregoing requirement, the capacity of each new tank installed shall:be restricted to not more than 3,000 gallons: When installed, but before backfilling, tank and fittings shall be tested for tightness at not less than three nor more than five pounds per square inch for not less than one hour. Greater test pressures may be required by the Chief when tanks are subject to submergence in excess of 30 feet." SECTION 11. NOTICE OF VIOLATION 11.1 Whenever the Fire Chief determines that there has been a violation of any of the adopted codes, he shall give notice of such alleged violations to the person or persons who are or may be responsible. Such notice shall: (1) be in writing; (2) particularize the violation alleged to exist or to have been committed and the repairs or improvements required to bring the building, dwelling, dwelling unit, or rooming unit into compliance with the provisions of the code; (3) provide a reasonable time but not less than 10 days for the correction of the violation(s) particularized; (4) be addressed to and served upon the owner of the property, the owner of the building, the operator of the dwelling or the occupant of the dwelling unit or rooming unit concerned; (5) inform persons concerned of their right to appeal. 11.2 Exception. The Fire Chief may order operation or use stopped or the evacuation of any building, premise , or vehicle which is deemed to be an immediate fire or life safety hazard without the 10 day notice, provided this notice is in writing and hand delivered to the responsible person. SECTION 12. APPEALS Any person aggrieved by a notice pursuant to Section 9 of this code may, within 15 days after service of said notice, appeal therefrom to the Board of Appeals by filing a written notice of appeal with the City Clerk. The appeal shall be heard at sucli. time as may be established by the Board. The City '` Council shall serve as and constitute the Board of Appeals. All appeals under this section shall be heard by the Board. The board may, upon the hearing, affirm in whole or in part or deny the existence of.a violation. Pending final decision of the Board of Appeals, the order of the Chief shall be stayed unless there in an immediate fire hazard to life or property. SECTION 13. INTERPRETATION 13.1 In the event of a conflict between the provisions of the MUFC and the provisions of this code, the more stringent shall apply. Provided, however, that no provisions of this code shall be interpreted to exceed the requirements of the Minnesota Uniform Building Code. 7 13.2 If any provisions of this code is for any reason held to be invalid or unconstitutional by 'a court of competent jurisdiction, it shall not affect the validity of the remaining provisions of this code. SECTION 14. PENALTY 14.1 Any person in violation of the provisions of this Code or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who.shall fail to comply with such an order as affirmed or modified by the Fire Chief or his representative or by a court of competent jurisdiction, within the time fixed herein,.shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, and upon conviction may be punished by a fine of not more than seven hundred dollars., ($700.00) or imprisoned for not more than ninety (90) days or both, plus the cost of prosecution in any case. 14.2 The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defect within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offence. 14.3 The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 2. This Ordinance shall be in full force and effect immediately upon its adoption and publication according to law. 8 Enacted and ordained by the City Council of the City of Mendota Heights this day of 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mer ensot o Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO April 11, 1990 TO: Mayor, City Council and City Admini 64r FROM: John P. Maczko Fire Chief SUBJECT: Participation in Joint Power Agreement for South Metro Hazardous Material Response Team Attached for your review is the final draft of the South Metro Hazardous Material Response Team Joint Powers Agreement. The purpose of this agreement is to establish a board of direc- tors from member cities to organize, govern, train, and maintain a south metro hazardous materials response team. The function of the hazardous materials response team would be to mitigate the effects of a hazardous materials incident when the incident is beyond the capabilities of any member city or in the judgment of the incident commander, the material poses a serious threat to life and property. The final document that is before you comes as a recommenda- tion from the Dakota County Task Force that was established to study long and short range options for hazardous materials re- sponse and is the result of two years work and lots of input from city administrators, fire chiefs and attorneys. Attorneys that were directly involved in the final draft were Roger Miller (So. St. Paul) Shaun Maunahan (Hastings) and Lori Dandoe (Dakota County), City Administrators Gary Word (So. St. Paul), Linda Barton (Burnsville), Chief Deputy Sheriff Rich Thul, County Emergency Preparedness Director David Gisch and Fire Chiefs'DiGk Krough (West St.. Paul), Brian Holzer (Burnsville), Norm Nisler= (So. St. Paul) and myself. HISTORY In December a draft of this agreement was presented to Council for their comments and interest in participation in the agreement. At that point in time Council expressed a desire to participate in the joint powers agreement. To my knowledge Council'concerns have been addressed in the final draft of the agreement. According to Dave Gisch, Dakota County Emergency Prepared- ness Director, who did the calculation, the initial contribution by the City of Mendota Heights would be $2,540, The Cities of Sunfish Lake, Mendota, and Lilydale are picked up by the County. Since the formula is based on population it is difficult to forcast the exact cost for 1991 and 1992 but at this point it is anticipated that it would be approximately $5,470 in 1991 and $1,700 in 1992. $3,500 is currently appropriated in the 1990 budget for entering such an agreement. The share to Mendota Heights is higher in 1991 due to fact that 1991 is the year that equipment will be purchased for the response team. Ongoing costs for the team are expected to be kept at a minimum and possibly self-sufficient depending on funding sources available from super fund, private companies, insurance companies or trucking firms that cause an incident. It is the intent of the board to recoup any expenses in mitigating a hazardous materials incident through the hauling agency. Under the agreement, as it is currently written, one member from each governing body shall be appointed to the Joint Powers Board of Directors. This board is responsible for submitting a budget to the governing body of each city for the following year on or before June 1st of the current year. It is anticipated that this budget figure will become part of the Fire Department budget for allocation to such an agreement. Should any member City oppose the annual budget they may withdraw from the Agreement by filing written notice. If a member city drops out of the agreement the additional cost would either be absorbed by the other member cities or a revised budget would be proposed. The Agreement would become effective only if approved by all fifteen "Initial Members." To date, approximately 9 cities have approved or have indicated that they are going to approve the Agreement. While we anticipate all other member cities will approve the Agreement, consensus at this point can not be guaran- teed. I am also enclosing my memo of December 1, 1989 for further background information. RECOMMENDATION• Since the cost of equipping and training of a hazardous material response team is prohibitively expensive for us to partake on our own and considering the exposures to hazardous materials accidents that could possibly occur in our city:.'with the Soo Line Railroad and Chicago Northwestern Railroad running on the south and west ends of the City, I-494 and I -35E and Trunk 110 crisscrossing the City, I feel that the joint powers agree- ment is the most cost effective way for us to provide protection to the citizens of our protection area. There is a possibility that the State will act on a bill that will establish a committee to review the cost effectiveness of regional response teams within the State of Minnesota, a function that would be funded by the State. But considering the current budget climate it is highly unlikely that any general fund appropriations will be made to establish the regional re- sponse teams. Therefore my recommendation for approval. ACTION REQUIRED: If Council so desires to implement staff recommendation, they should pass a motion adopting Resolution No. 90- , RESO- LUTION AUTHORIZING CITY OFFICIALS TO EXECUTE AND ENTER INTO THE JOINT POWERS AGREEMENT FOR SOUTH METRO HAZARDOUS MATERIAL RE- SPONSE TEAM. Council should also appoint a person, staff or Council, to represent the City on the Board of Directors. I would be interested in serving in that capacity. JPM:dfw Dakota County, Minneosta City of Mendota Heights RESOLUTION NO. 90 - RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR SOUTH METRO HAZARDOUS MATti2IAL RESPONSE TEAM WHEREAS, the accidental release of toxic substances and hazardous materials can potentially occur any place in the coun- ty; and WHEREAS, federal community right -to -know legislation provides information about the presence of toxic and hazardous substances at facilities in the community; and WHEREAS, federal and state safety regulations require responders to hazardous materials incidents be extensively trained and equipped to appropriately mitigate uncontrolled releases of toxic and hazardous substances; and WHEREAS, the high cost of training, the cost of equipment and the number of trained personnel required to appropriately mitigate uncontrolled releases of hazardous substances, and the relatively low number of incidents that each local community may face makes it impractical to do and not cost effective at the local level for small communities; and WHEREAS, there is no agency, public or private, available to local communities.to respond to and mitigate hazardous materials emergency incidents; and BE IT RESOLVED by the City Council of the City of Mendota Heights hereby approves the Joint Powers Agreement for South Metro Hazardous Material Response Team and authorizes the Mayor to execute agreement on behalf of the City. Adopted by the City Council of the City of Mendota Heights this 1st day of May, 1990. CITY COUNCIL CITY OF MENDOTA HEIQHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk MENDOTA HEIGHTS FIRE DEPARTMENT MEMO DATE: December 1, 1989 TO: Mayor, City Council, Jim Danielson, City Administrator FROM: John Maczko, Fire Chief ,K--*" SUBJECT: Joint Powers Agreement for Hazardous Materials Response Attached is The third draft of a Joint powers agreement that would establish a board whose duty it would be to prepare, adopt and implement a plan to provide a hazardous materials incident response team to respond to incidents in Member cities. The agreement also defines funding responsibilities for members. HISTORY The Federal Superfund law was amended in 1986 to include a Title III amendment (Commonly known to as SARA Title III) which states that all communities must develop plans to protect the public from chemical or hazardous materials disasters. Among other things it also directed Federal OSHA to develop training requirements for personnel responding to these incidents. Like usual, there was now a law but no funding was . Allocated for training and implementation of the law. Within a few months OSHA had developed training standards and an interim rule 1910.120 was put into place. At that point, emergency responders across the country began to realize that implementation of the standards would be very expensive and in some cases impossible to implement on an individual basis. DISCUSSION - In September of 1988 Fire departments throughout Dakota County were sent a proposal from the St. Paul Fire Department to provide contract •hazardous materials response to the cities. At the same time the County Fire Chiefs formed a hazardous materials committee and brought this proposal to the city managers at there monthly meeting in November of 1988. At that time a county task force was established consisting of City Managers, Fire chiefs and County officials to study long and short range options for Hazardous Materials Response. The Joint Powers agreement that is being presented is a result of the work of that task force and the Fire Chiefs Hazardous Materials Committee. Also going on concurrently with all of our efforts, was an effort by the Minnesota State Fire Chiefs Association for the state to establish Regional Response Teams at the state legislature during the 1989 Legislative session This program failed to gain approval in legislature leaving cities with still nowhere to turn. 1 Although tlie' Board would be responsible for establishing how best to provide response to its members the Fire Chiefs committee did extensive work and preliminary budget forecasts (Also attached). The proposed concept is as follows. The response team. would be made up of firefighters from county fire departments. Since it is not proposed that there be a full time response team on duty waiting for an .incident to occur a 25 member team is proposed. This number came from the fact that OSHA 1910.120 has requirements of 7-8 people that must be involved directly in addition to a decontamination and support team. Since it is not fulltime staffed and more or less volunteer we used the rule of thumb that a 3:1 ratio would be required to meet the minimum requirements. It was also determined that it would be in the individual cities best interest that each fire department responding have enough personnel trained to the level one response to produce at least 7 persons on the scene to assist the response teams. After the three year implementation period the only costs for maintaining the team would theoretically be training and administration needs. Where the team is called out to an incident all costs for the response would be billed to the carrier or organization responsible for the incident. Funding of the team is based on cost per capita. Costs to the City of Mendota Heights and our contract areas would amount to $2895 in 1990, $5473 -in 1991, $1708 in 1992. After this point it is estimated that costs to our area would be$2725.20. This compares to a cost for protection from the City of St. Paul (with no Guaranteed response) of approximately $4700.00 per year. $3820 was budgeted in the 1989 Budgeted for contract services with St. Paul. This money could -be used for our 1990 contribution. RECOMMENDATION Since Implementing a hazardous , material response team would be to cost prohibitive for each city to implement; and since a hazardous material incident is similar io a natural disaster in the fact that it knows no political boundaries it is important for all cities to sign. For the best, most cost effective, means of protecting our citizens from a possible hazardous material situation I strongly urge the participation in this agreement. ACTION REQUIRED No real action is needed at this time other then to discuss wether the City of Mendota Heights will participate and to comment on concerns or questions that you may have on the agreement. We need to get comments to the Task force by December 8 for incorporation. TPM:jpm FIRE CHIEFS' MINNESOTA Apple Valley, Burnsvifle, Cannon Falls, Dakota County Emergency Preparedness, Eagan, Farmington, Hampton, Hastings, Inver Grove Heights, Koch Refining, Lakeville, Mendota Heights, Mlesville, Northfield, Randolph, Rosemount, So. St. Paul, West St. Paul TO: Dakota County City Administrators/Managers FROM: Scott Aker, President Dakota.County Fire Chief's Association DATE: March 19, 1990 RE: Joint:Power' Agreement for the South Metro Hazardous Material Response Team Attached for your review is i:he'.final draft.of'the South Metro Hazardous Materials Response Team Joint Powers Agreement. Several city attorneys and the county attorney have worked -out acceptable language for -.the agreement. There was':a special; meeting of the -Dakota _-County ,Fire -:Chiefs held on -March 15,,-1.990. A few -minor Tchanges were,, suggested. The changes were madd',1to;4 make sections more clear,:and avoid any Misinterpretation on anyone's part. The Fire Chiefs unanimously- approved acceptance of this draft with the few mentioned -changes.'., --The Chief's association feels that this agreement is very workable and will do miich to provide the fire �,epartments with the necessary resources .to protect the citizens of.Dakota County. The Chief's association -;also endorsed forwarding this agreement to the City Administrators,�Managers of each proposed initial member city. The Chief's association would look to you to review the document and forward it to your respective city councils for adoption and implementation. Thank you for your consideration in this matter. JOINT POWERS AGREEYZNT ESTABLISHING A BOARD OF DIRECTORS TO ORGANIZE AND GOVERN THE SOUTH METRO HAZARDOUS MATERIALS RESPONSE TEAM The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute 471.59. 1. General Purpose. The purpose of this Joint Powers Agreement is to establish a Board of Directors to organize, govern, train, equip, and maintain a South Metro Hazardous Material Response Team in order to mitigate the effects of a hazardous. materials incident which is beyond the resources of any member governmental unit, and/or which, in the reasonable judgement of the Incident Commander poses a threat to life and property. 2. Definitions. 2.1 "Additional Member" A signatory of this Joint Powers Agreement who is not an Initial Member, having joined after the first year of its existence. 2.2. "Board" The Board of Directors established by this Agreement. 2.3. "Director" A member of the Board of Directors. 2.4. "Hazardous Materials" Are toxic subtances which could cause serious health effects, as defined pursuant to 40 C. F. R. part 302. 2.5. "Hazardous Materials Incident" A situation that has developed involving the accidental release of a hazardous material which is beyond the resources of any Member Governmental Unit. 1. 2.6. "Hazardous Materials Response Team" or "Response Team" A group of firefighters already employed by a Member Governmental Unit and who are designated by the Board of Directors and who have the training and equipment necessary to respond to and control a Hazardous Materials Incident. 2.7. "Incident Commander" The individual of a Member Governmental Unit responsible for decisions associated with the response operation of any incident.. 2.8 "Initial Member" An original signatory of this Joint Powers Agreement as identified in Section 3.1. 2.9. "Member" Any city, township, or -county which*is a signatory to this Agreement. 1 3. Membershin. 3.1. The initial Members shall be.: Apple Valley Hampton Miesville Burnsville Hastings Randolph Dakota County * Inver Grove Hgts Rosemount_ Eagan Lakeville South St. Paul Farmington Mendota Heights West St. Paul * Dakota County as representive of the unincorporated areas which are not otherwise members including the cities of Coates, New Trier and Vermillion. 3.2. No 'change in governmental boundaries, structure,. organizational status or character shall affect the eligibility of any Member listed above to be represented on the Board. as long as such Member continues to exist as a separate political subdivision. 4. Board of Directors 4.1. The Response Team shall be governed by a Board of Directors which, shall consist of one (1) Director appointed by the governing. body of each Initial Member. listed in section 3.1 above. Each Member may designate an alternate for its appointed Director. 4.2. Directors shall serve without compensation from the Board. This shall not prevent a Member from providing compensation to a Director for serving on the Board 5. Ouorum/ Voting 5.1. A majority of all of the Directors .shall constitute a quorum. A simple- majority vote of the Directors present at a meeting with a valid quorum shall be required for the Board to take action, unless otherwise provided in this Agreement or by law. 5.2. There shall be no voting -by proxy. Except as otherwise authorized in this Agreement, all votes must be cast by the birector or designated alternate at a Board Meeting. Each Director shall have one (1) vote. 6. Officers 6.1. The officers of the Board shall be a Chair, Vice-. Chair and Secretary/Treasurer. 2 6.2. At its first meeting, the Board shall elect a Chair, a Vice -Chair, and a Secretary/Treasurer who shall serve out the following initial terms of office: Chair to serve through December 31 of the year when first elected and until his/her successor is elected. Vice -Chair to serve through December 31 of the year following election and until his/her successor is elected. Secretary/Treasurer to serve through December 31 of the year, two years after election and until his/her successor is elected. At the first meeting following completion of the initial term(s) and at the completion of every term thereafter, a Director shall be elected to each respective office for a three year term . 6.3. A Director shall be elected in the same manner as above to fill out an unexpired term of any office which becomes vacant. 7. Meetings. 7.1. The Board shall meet at least annually on a schedule determined by the Board._ 7.2. Meetings of the Board may be called by the Chair or upon written request of a majority of the Directors. 7.3. The Board may elect or appoint such. other•,• officers as it deems necessary to conduct its meetings and affairs. 8. Powers and Duties of the Board. The powers and duties of the Board include, but are not limited to, the following: 8.1. The•Board shall prepare, adopt, and implement a plan to provide. response to a Hazardous Material Incident according to the terms and conditions herein'. 8.2. The Board shall establish, train, equip, maintain and govern a South Metro Hazardous Materials Response Team. 8.3. The Board shall pay for all training necessary for the Response Team to.meet and maintain State .,and Federal Occupational Safety and Health Administration (OSHA) guidelines. 3 8.4. The Board shall purchase and maintain equipment necessary for the performance of its duties and the duties of the Response Team. 8.5. The Board may research and make recommendations to the Members regarding other matters related to the Response Team's purposes. 8.6. The Board may consult with persons knowledgeable in hazardous materials response, such as research organizations, educational institutions, other political subdivisions, regulatory organizations, technical experts, and any other persons who can provide pertinent information. 8.7. The Board may cooperate or contract with the State of Minnesota, any political subdivision, federal agencies or private or public organizations to accomplish the purposes for which it is organized. 8.8. The Board may contract with other political subdivisions to provide the services of the Response Team. The Board may enter into a mutual aid agreement with other similar • Hazardous Materials -Response Teams of other political subdivisions. 8.9. The Board may contract for or purchase such insurance as the Board deems necessary for the protection of the Board, the Members, the Response Team, and its Property. 8.10. The. Board may accumulate reserve funds for the purposes herein mentioned and may invest funds of- the Response Team not -currently needed for its operations., 8.11. The Board may collect money, subject -to'.*. the provisions of this Agreement, from its Members and from any other source(s) authorized by law. 8.12. The Board may make contracts, employ consultants, incur expenses and make expenditures. necessary and incidental to the effectuation of its purposes and powers, in conformance with the requirments applicable to contracts and purchases of any of the Members. 8.13. The Board shall cause to be made',an annual audit of the books and accounts of the Board and shall make and file a report to its Members at least once each year. Strict accountability of all funds and report of all receipts and disbursements shall be made. 8.14. The Board's.books, reports and records shall be available for and 'open to inspection by its Members at all reasonable times. The Board's records shall be available for inspection by the public pursuant to Minnesota .Statutes,`, chapter 13. 4 8.15. The Board may appoint such committees as it deems necessary to exercise the powers of the Board in accordance with by-laws adopted by the Board and as allowed by law. 8.16. The Board may exercise all other lawful powers necessary and incidental to the implementation of the purposes and powers set forth herein, including, without limitation, the adoption of by-laws to govern the functioning of the Board, provided that no by-law or action of the Board shall be contrary to the terms of this Agreement. 9. Response Team Limitation 9.1 'The Response Team shall not provide services to Non -Members except as herein provided in Section 8.8. 10. Additional Members. 10.1. Other political subdivsions may become a party to this Agreement upon approval of a 2/3 majority of the Board entitled to vote. The new Member shall sign a copy of this Agreement. Existing- Members shall not be required to resign. 10.2. Members joining after the first year of this Agreement shall be Additional Members and shall not be entitled to appoint a Director to the Board but shall have all the other rights and privileges of Membership. 10.3. The Board may require Additional Members to pay a fee deemed appropriate by the Board. Said fee shi 11..take into consideration the expenditures of the Board to date to train.and equip a Response Team as well.as ongoing expenses.. The Board nay allow this fee to be paid over one or more years. 11. Decontamination Team. 11.1. Each Member that has a fire department shall train sufficient firefighters to have not less than seven (7) responders available at any given time to function as part of a decontamination team that can assi$t the Response Team. 22 Contributions to GeneralAdministration._• 12.1. Each Member agrees to contribute' each"year to a general fund. The annual contribution by each.Member shall.. be determined in accordance with the following formula: Population of Member Population of All Members X Budget 5 Population shall be determined in accordance with the most current estimate of the Metropolitan Council.. Dakota County shall be responsible to fund unincorporated areas in Dakota County. 12.2. The initial contribution by each Member shall be as follows: Apple Valley $ 9,303 Lakeville $ 6,421 Burnsville $14,203 Miesville $ 50 Dakota County $ 5,000 Mendota Hgts. $ 2,540 Eagan $12,459 Randolph $ 91 Farmington $ 1,607 Rosemount $ 2,266 Hampton $ 89 South St. Paul $ 5,679 Hastings $4,153 West St. Paul $ 5,198 Inver Grove Hgts $ 6,179 The initial contribution shall be paid within sixty (60) days after the effective date of this Agreement. Subsequent contributions shall be paid within 60 days. 13. General Administration. 13.1: Contributions. to the general fund are to be used for general administration purposes including, but' not limited to: purchase of equipment, Response Team training expenses, reimbursement of salaries, supplies, insurance and bonds. The Response Team funds may be expended by the Board in any manner determined by the Board, but the method of disbursement shall agree, as far as practicable, with the method provided by law for the disbursement••of funds by the. Members. 13.2. On or before June 1 of each year, the Board shall, by approval of 3/4 of those eligible to vote, adopt a proposed general administrative budget for the ensuing year and decide upon the total amount necessary for the general fund. The Secretary/Treasurer of the Board shall certify the budget on or before June 1 to the clerk of the governing body of each. Member, together with a .statement;;. of -the. proportion of the budget to be contributed'by`each".Member. By July 1 of each calendar year, the governing body.,of-each Member shall approve or object to the proposed budget. -..and the Members* financial contribution and give notice of its action to the Board. The budget shall be deemed., approved by',:':?'.•.. a Member in the absence of action by August 1. Final action 6 adopting a budget for the ensuing calendar year shall be taken by the Board on or before September 15 of each year. Each Member's contribution shall be paid by -November 30 or within sixty (60) days of adoption of the budget, whichever is later. 13.3. Any Member which has objected to its financial contribution as stated in the proposed budget may withdraw from this Agreement by filing with the Chair a written notice of intent to withdraw by August 1, of the year preceding the year for which the budget is proposed. The effective date of withdrawal shall be December 31st of the proposed budget year. Any Member formally withdrawing is still obligated to pay its contribution according to the terms of this Agreement for the proposed budget year but shall have no further liability or obligation to the Members except as to actions, events or responsibilities arising or occurring before the effective date of withdrawal. Any Member withdrawing under this provision shall not be entitled to any refund from the Board._ 14. Duration. 14,-.1. Notwithstanding Section 13.3, each Member agrees to be bound by the terms of this Agreement until December 31, 1995. 15. Termination 15.1. This Agreement may be terminated prior to December 31, 1995 by the written agreement of 2/3 of—the Members. Any Member may petition the Board to terminate this Agreement. Upon 30 day's notice in writing to the -clerk of the governing body of each Member, the Board shall.,hold a hearing and •upon a '2/3 vote of all Directors eligible to vote, the Board may by resolution recommend that the Agreement be terminated. The resolution shall be submitted to the governing body of each Member and if ratified by 2/3 of the governing bodies of all Members within sixty (60) days, the Board shall terminate the Agreement, allowing a reasonable time to complete work-in progress and to dispose of personal property owned by the Board or Response Team. 15.3 Upon dissolution of the The South -.retro Hazardous Materials Response Team,. all property purchased or owned pursuant to this Agreement shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the current Members. Such distribution:of —assets shall be made in proportion to the total contributions by the respective' Members over the entire duration of .this Agreement. The Board shall continue .to exist after dissolution for such period, no longer than six months, as is necessary to • •wind up its affairs, but • for : no_ ::other purpose. 7 16 Default. 16.1. Upon the failure of any Member to contribute its financial obligation in a timely manner, or to fulfill any of its other material obligations under this Agreement. the Board may expel a Member upon 2/3 vote. • If an Initial Member is expelled for any reason and later desires to rejoin, such Member will be considered an Additional Member and will not be entitled to appoint a Director. 17. Effective Date. 17.1. This Agreement shall be in full force and effect when all ISnitial Members, (identified in section 3.1 of this Agreement), sign this Agreement. All Members need not sign the same copy. The signed Agreement along with a certified copy of the resolution authorizing the Agreement, shall be filed with the City Manager of the City of Burnsville, who shall notify all Members in writing of its effective date and set a date and place for the Board's first meeting. Prior to the effective date of this Agreement, any. signatory may rescind its approval. 18. Amendments. 18.1. Any Member may petition the Board or the Board on its own inititive may recommend changes in this Agreement to its Members. An Amendment to this Agreement shall become effective upon written agreement of 2/3 of the Members. . IN WITNESS WHEREOF, the undersigned governmental. units,':; by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute 471.59 8 Approved as to form: COUNTY OF DAKOTA Assistant County Attorney Date By Joseph A Harris, Chariman Board of Commissioners Date of Signature APPROVED AS TO FORM City Attorney APPROVED AS TO FORM City Attorney APPROVED AS TO FORM City Attorney Attest Norma Marsh, Auditor Date of Signature CITY OF APPLE VALLEY, MN Mayor Clerk CITY OF BURNSVILLE, MINNESOTA Mayor Manager CITY OF EAGAN; MINNESOTA _ . Mayor APPROVED AS TO FORM City Attorney APPROVED AS TO FORM City Attorney APPROVED AS TO FORM City Attorney CITY OF FARMINGTON, MINNESOTA Mayor Clerk CITY OF HAMPTON, MINNESOTA Mayor Clerk CITY OF HASTINGS, MINNESOTA Mayor Clerk APPROVED AS TO FORM CITY OF INVER GROVE HEIGHTS, MN" City Attorney Mayor APPROVED AS TO FORM City Attorney 10 Clerk APPROVED AS TO FORM CITY OF MIESVILLE, MINNESOTA City Attorney Mayor Clerk APPROVED AS TO FORM CITY OF MENDOTA HEIGHTS, MN City Attorney Mayor Clerk APPROVED AS TO FORM CITY OF RANDOLPH, MINNESOTA Mayor City Attorney Clerk APPROVED AS TO FORM CITY OF ROSEMOUNT, MINNESOTA Mayor City Attorney Clerk APPROVED AS TO FORM CITY OF SOUTH ST. PAUL, MN City Attorney Mayor Clerk APPROVED AS TO FORM CITY OF WEST ST. PAUL, MN CITY OF MENDOTA HEIGHTS MEMO April 24, 1990 TO: Mayor, City Council and City Admin.&�Wor FROM: Larry Shaughnessy, Jr., Treasurer SUBJECT: Workmen's Compensation Insurance HISTORY In the past, we have carried our Workmen's Compensation Insurance through the League pool which is administered by Employee Benefit Association (EBA). Our premium is now figured at about $58,000 for the year May 1 to April 30. This year for the first time we have been given the option of an experienced based premium rather than one based on the pool, described on the attached form. To get some background on the risk we might incur with the option, EBA has computed our losses since 1980. In each year we would have received refunds based on our experience. The actual loss payments are shown -below. During the past three years, the premium return would have been in the $28/30,000 range per year. Our idea would be to enter the option agreement, and use,.- any se,=any refund we might receive to establish an insurance reserve. This reserve could then be used to supplement the budget amount in any year of poor experience. The actual budget premium would remain the same for the early years and once we get a reserve built up, we could gradually lower the budget amount to our experience. It would also be possible to appropriate a portion of our existing General:Fund Surplus to establish part of the reserve at the outset, although this is in no way required. Under the refund option, we could pay as little as 47 percent of our standard premium. We would be capped at 130 percent of the standard premium or $82,884. This would be an additional payment of $24,000. To reach this level, we would have claims of about $40,000. Our worst year in the last 10 years was $19,000 in claims. The premium option is for a one year period, and would be renewed or declined each year. History Itemize Claims History Loss Net Under Option 1980 - 81 $19,000 Refund 81 - 82 298 Refund 82 - 83 1,652 Refund 83- 84 9,500 Refund 84 - 85 14,000 Refund 85 - 86 2,600 Refund 86 - 87 1,841 Refund 87 - 88 250 $28,000 Refund 88 - 89 3,308 $30,000 Refund 89 - 90 4,608 $30,000 Refund.,. (Estimate) ACTION REQUIRED Approve entering refund option agreement for the year May 1, 1990 to May 1, 1991 and if desired, approve an appropriation to a new insurance reserve fund. LES:kkb Attachment League of Minnesota Cities Insurance Trust Workers' Compensation and Employers' Liability Agreement, Administrator Employee Benefit Administration Co. P.O. Box 59143, Minneapolis, MN 55459-0143 Phone (612) 544-0311 NOTICE OF PREMIUM REFUND OPTION At the end of each year (January 1) of the League of Minnesota Cities Insurance Trust Self - Insured Workers' Compensation Program a distribution of excess surplus funds, if any, will be returned to participants under a formula taking into account the earnings and claims experi- ence of the Trust, as well as the loss records of individual participants. As an alternative, participating cities with a discounted standard premium in excess of $25,000 may elect to have their distribution made to them in an amount determined by their individual loss experience and premium size. Final net cost to an electing participant will be discounted standard premium times minimum factor, plus losses times loss multiplier, not to exceed standard premium times maximum factor. Payroll amounts audited after the close of the year will be used in the determination of final net cost. 25.000 - 50.000 Over 50,000 Minimum = Discounted Standard Premium x 70% 47% Loss Multiplier 120% 120% Maximum = Standard Premium x 115% 130% If this election is made, the final net cost of your workers' compensation insurance for the coming agreement year, based on estimated payroll, would be between a minimum. of $ 27,342-00 and a maximum of $ 82,884-00 depending upon your losses. Adjust- ments will be made six months after the close of your agreement year and annually thereafter. Please return a signed copy of this notice to the administrator with your application for cover- age if you wish to elect this option. If this election is not made you will share in the regular distribution of surplus funds, if any. Yes, we wish to select the Alternative Refund Option. Agreement Period: Name of City: Mendota Heights 05-01-90 to 05-01-91 M Title: Date: This election cannot be accepted unless received in the offices of the plan administrator by the beginning of your agreement period. EBA 450 (12/89) CITY OF MENDOTA HEIGHTS MEMO April 24, 1990 TO: Mayor, City Council, City Admiris for FROM: Kathleen M. Swanson City Clerk SUBJECT: Proposed Rescheduling of Council Meeting Dates INTRODUCTION In the past, Council meetings have rarely been rescheduled except when a meeting would have fallen on a legal holiday or on election or caucus dates. Several times, however, Council members and people who have had items scheduled on the agenda for the meeting during the week of the Fourth of July have had to make extra effort to reschedule personal activities . The purpose of this memo is to determine whether Council wishes to reschedule the July meetings. INFORMATION There are five Tuesdays in July. The Fourth falls on a Wednesday, the day after the regularly scheduled first meeting of the month. If it is Council consensus to reschedule the first meeting, it seems appropriate to also reschedule the second meeting. Should this be Council's desire, the meetings could be rescheduled to the second and fourth Tuesdays of the month. This would maintain a separation of two weeks between regular meetings during the summer months. This memo may seem premature. Council consideration now, however, would allow an appropriate amount of time for notification to the public and to the Cable Commission. RECOMMENDATION Staff has no recommendation, but raises the issue as a matter of Council convenience. 'Council has three options: 1. Take no action, thereby confirming the regular meeting schedule; —kP 2. Reschedule the July 3rd meeting to July 10th; 3. Reschedule the regularly scheduled July meetings to the second and fourth Tuesdays of the month (July 10th and 24th). ACTION REQUIRED If the first option receives Council consensus, no action is required. Should Council determine that one of the other options is appropriate, it should pass a motion to adopt the selected option. CITY OF MENDOTA HEIGHTS MEMO April 27, 1990 To: Mayor, City Council and City Administrator From: Kevin Batchelder, Administrative Assistan 9 Subject: Resolution Opposing Airport Expansion Plans Involvoing A Third, Northern Parallel Runway DISCUSSION Earlier this month consultants presented four Runway Design Options to the Metropolitan Airports Commission for potential expansion to the Minneapolis -St. Paul International Airport. Two of the four designs show northern parallel runways pointed at the heart of Mendota Heights and having potential to seriously impact the City with increased overflights and noise. (See attached news article.) Because the Metropolitan Airports Commission has indicated that they expect to make a decision on these designs within the coming year, staff feels it is important to go on record as opposing a northern parallel runway and its associated impacts. We also feel it is important that the Metropolitan Airport Commission includes the communities most seriously impacted by airport expansion in any decisions that are to be made regarding expansion of Minneapolis -St. Paul International Airport. Staff has drafted the attached resolution for ,-.your consideration. The airport expansion plans are just one of many current issues involving the airport that have the potential to dramatically impact Mendota Heights. The Council, at a previous meeting, has directed staff to prepare suggestions Yor establishing a strategy group of some sort to deal with the myriad of issues related to the airport. Council had indicated that some process, structure or committee be formed that would enable Mendota Heights to more proactively deal with airport issues. Staff will be prepared to discuss this at the Council meeting acid we are suggesting that it is necessary to schedule a Council workshop to strategically plan to address the many airport issues. ACTION REQUIRED If Council so desires they should adopt the attached Resolution 90- , A RESOLUTION OPPOSING THE METROPOLITAN AIRPORT COMMISSION'S AIRPORT EXPANSION DESIGNS FOR A NORTHERN PARALLEL RUNWAY. Council should consider scheduling a workshop. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 90- A RESOLUTION OPPOSING THE METROPOLITAN AIRPORT COMMISSIONIS AIRPORT EXPANSION DESIGNS FOR A NORTHERN PARALLEL RUNWAY WHEREAS, the City of Mendota Heights would like to restate its concern with the current state of aircraft overflights and associated noise over the City; and WHEREAS, the City of Mendota Heights currently receives a disproportionate amount of air noise impacts due to current aircraft overflights and procedures; and WHEREAS, the Metropolitan Airport Commission recently received Runway Design Options for possible expansion of Minneapolis -St. Paul International Airport; and WHEREAS, two of the four design options for runway expansion consist of northern parallel runways that would significantly increase the disproportionate air noise impacts that are already victimizing the City of Mendota Heights. NOW THEREFORE IT IS HEREBY RESOLVED that the City Council of the City of Mendota Heights strongly opposes any runway design options that include a northern parallel runway and its associated negative impacts for the City of Mendota Heights. BE IT FURTHER RESOLVED that the City of Mendota Heights recognizes the Metropolitan Airport Commission's timelines. for a decision on the runway options and feels it is the Metropolitan Airport Commission's duty and obligation to include our community in any and all decisions regarding airport expansion. Adopted by the City Council of the City of Mendota Heights this 1st day of May 1990. CITY COUNCIL CITY OF MENDOTA-HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk � ,��'� �,�• •�1�'C�.�� � 5 %� � : �' ` ~ �,"y m �o to C ss .r co I ili 0 CL 09 w fill _ CO)ilt C IgE t� f a a WA _ League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227-5600 (FAX: 221-0986)' April 13, 1990 To: Mayors, Managers, Adminis s, Clerks Councilmembers, Department Heads (% City Clerk) From: Millie MacLeod, President, League of Minnesota Cities Councilmember, Moorhead Subj: QUALITY:.Leadership.Environment.Servic-es Effective Education for Cities On behalf of the League of Minnesota Cities, I invite you.and your city's officials to attend the League's 1990 Annual Conference.:. The conference is scheduled for June 12-15 at the Duluth Entertainment Convention Center in Duluth. The League's Conference Planning.Committee has developed another outstanding program for this year's conference. Sessions have been. planned for cities large and small. The QUALITY theme carries through all tracks --Quality Leadership, Quality Services, Environmental Quality, Quality of Community Life, Quality of Community Life/Small Cities, Quality Personnel. The City of Duluth has planned many exciting and entertaining events to welcome us to'their city. .-Beginning with an authentic "FISH`BOIL" at Glensheeri Mansion on Tuesday evening, June 12, with the mansion open for tours, to a reception on the S. S. William A. Irvin ore ship on City Night. Following the reception there will be an outdoor barbecue at Bayfront Park, with helicopter and hot-air balloon rides (weather permitting) and much more. The Family Program also offers many exciting events. Al Checchi, Northwest Airlines Chair, will keynote the Opening Session on Wednesday morning with a.presentation on -"Quality Service: A Priority for Cities". Jan Smaby, Director of the Office of Drug Policy and co -host of KTCA-TV's "Almanac" public affairs program, will address the Wednesday general session on "A Drug Policy for Minnesota." Bob Bolen, President of the National League of Cities and Mayor of Fort Worth, Texas, will be the featured speaker of the Mayors "1 Association/Mini Conference Luncheon on Thursday. His leadership has been instrumental in developing federal legislation affecting our cities. Concurrent Sessions"II (Choose. one ) 2:30 = 3:30,'p:m. OL-ALITY LEADERSHIP Elected 0t icllti•: How to Keel) hi willed • How adults learn • OiscoVerift__ your preferred learning stvle .. • ''Wliat city cifficials needrto-know f , 'Strateaies that have worked ; • 'De�+elopin'a�plan • • ::Resb6rces'dvai1ab1e Concurrent Sessions III: ,r LMC'Polic-• Committees (choose cine) 3:45 - 5:00 p.m. Note: Content for zcich depends on outcome Of 990 legislative session I)c'relnl)1ne,tt'.Sn•uf�;ies•Cr'�nu,iittt'e *= a;- Gene rcll Legislrition cnicl Per o 'lin'Cnn tnittee P Elections. and Ethic•s,Colnntittee: QUALITY SERVICES % z t 11711)1•nt-(ng Clletonlel Sen•(c•e .' ', 1, F _., d 7: Rei en/r'c�'WfiP* "es Cohmiatee • t' t� ° r • -Quality customer°sere ice-=whatii is - • ;-How. it benefits y:ourcuy', %W • ` `Diffierences.betweert public and private ;: Land UseEl1l'71l)l1177e1It E71er Cl11CI Developing a,prografri.thattits your.need, , ; Ti'elnSjJiirWi'r)tl+Crintni Program Schedule ip All conference events are in the Duluth Entertainment Convention Center (DECC) unless indirateLl, Services 7 QUALITY LEADERSHIP t Btnlqetingforthefttture: Meeting Revenue Needs in the '90s a Budget as financial plan "lit Budget as communication document f rfts w _ Budget as operations guide Effective education for cities ay4•, {.� •. Budget as'policy document . Oft11�,�< fJ..2.r. �4,�• Azr ✓ Y s� � a4 •� Ti?fvJ1 ...i i.v QUALITY LEADERSHIP tS:,r ' t . QUALITY PERSONNEL Ethics Enzpho e Pe�fn-niance Apjiraisal Recent findings identifying-majorethical dilemmas faced :_• . Goals of an employee performance system~ w' I by local officials ; wf "' i ' `? How to tie the system to a iota( performance management • Process for resolving these dileinmas'j•!k�eta a c . approach Presentation _of ethical dilernirias and yourtt�sponses to :r- Various strategies . ;� u; �f.r, .",. • " `) tj I lr, them, Case stud }ri3e ✓- 4i}v y' .: yy. }} _ .�,.?.�U.. Za:.S ,( •}.ire: 6 S •1 ri2... . it �i *+�'G'�+��i �i^f- :�� •ti ✓4•$•J�Er�'=r�. �`r� ..F;p .. - ,� ,r,;. •y ^✓i!t"t'? ENVIRONMENTAL QUALITY , ENVIRONMENTAL QUALiTY'L+7� Lh " F WaZatdous Matey ials and, the Cit')' i r �. 3 � ` WaterQitali'ty Issues ,$A. A"."t r-�4t°r.' a r 'r fa.'Si "txRQr I >JI - ' • litres responsibilitiesre hazardouswaste f -_� r ,, ::•Protecting waterresourcesand +the needforplanning(emera , • ,t af.s3T37� t v3�S� f ' ! ..r 5t-,_ tri S2. , 1 Local response options • � t ing wetland protection programs, environmental impact of ' .) t.x �. tlt.t;>r Y ,t 1.1 economic development on water resources above and, Legal lrabilitie's' ... , . P , • Training requirements and' urces `�'4' � r �,t �"" `I below ground, ground water contamination, impact -of 1989 state water bill) EQUALITY OF COMMUNITY L1FE/SMALL,CITIESw„�,„„r,aMeeting future and current standards for drinking water Siirt ii,al of Sniall Cities 'Part On�:'T quality (impact of federal safe dnnking water act. allow • Long-range panning ° able contamination in drinking water new public health what's involved �x_ ,,� standards '':wellhead protection") available resources u s " ` '_ . « :.` QUALTIY OF COMMUNITY LIFE/SMALL CITIES P � 4J. Surt•ival of Sma11 Cities • Par ar t T,� ,o e advantages' _q , - ” success -stories . a , 4. Nursing homes/care of the elderly mplii:ations of Rule 50'(n6t getting pard x T: , Current economic concems/financial realities , dollar -for -dollar) - upcoming trends how to provide more care facilities�— needs for small cities " ` ' '' ` - alternative housing and care • Community improvement programs 'designating reserve funds implications for ,,, ) P P g ' � ... w i accounting systems future of tax base ` r `'`' Mayors',Assoclatlon/Mlnl-Conference Yt 7 _._t.:af1 - u,. ��;- i; a �.+•� � Y.:3 x r r �..:r F�....,_,lt' j.:.r . •'?iflUS ra:•�k , ; z3i1';i fi'�T . . Break ,;,A <L-uncheon! 12:30 - 2:00 p.m. 10:30 -10:45 a.m. t t Honorable Bob Bolen: President, National League of Cit , - d Mayor. Fort Worth. Texas (For additional information see Concurrent Sessions V . General Session Speakers > : �xt,l V� t (Choose one) 's '`"�' '10:45 a.m. -12:15 p.m. Concurrent Session VI's°°� �iti� s fpf«&''fit (Choose one) •y 2:15 - 3:30 p.m. X'j lt�bEt x°11 h J { .."'i � f r.3' ` ' i 7 � J: •!' :.ti �. � y a _. .. . .. wR Rh .1 'i. 2�y, �t 'M 74A_�.9�•jJ`. r •r:ts •t.-.,.:! •sr•Jt.3, te.i�.:swit, tr `>.•.3 :.iS,{i i-,♦r.:���-�'}74',7.SJ:ttd,pl61q t�t�:ra �.�-�v:3!:f, g.4•,::.::;yx,�.3 QUALITY LEADERSHIP Current Issues (LMCIT) • Property • Casualty • Workers' compensation • Health • Dental QUALITY PERSONNEL Drub Testing Policies and Administration • Overview of drug-free workplace act of 1988 (who's affected. key requirements) Goals/purpose of the city's policy r' • Legal concerns Administrative challenges • C t d•e . QUALITY OF COMMUNITY LIFE/SMALL CITIES Annexation and Related Issuesfor r Small Cities - • Providing services beyond city limits • Various approaches • Deciding when annexation makes sense • Annexation: Do's and don'ts League Annual Meeting. 3:45 p.m. - LMC Reception and Banquet 6.30 - 10:00 p.m. Friday,, Jd a t15 ase s u i s Beverage and roils ENVIRONMENTAL QUALITY -8:00 = 8;30.a.m ' .,�s.;.: z�.�.a _ Meeting Future Transportation NeedsforMi►inesota • Overview (proposed changes; imp, f of changes trends; Finale General Sesslou- potential problems for various size commimittes) 8:30 a.m.- 12:30 p.m.,, k. ' • Role of city,..,,. ,. "Leadership. Power, arrd Productn ttjt� Doing We1.I i {,L =r; �� City strategies Action models (case'studies) . " '% 5 ,.'l _��_ F s,�3► w L a . ?. Doing Good ' f.; r rc; < - - a,. rw .�=- ti �r= ,ger}r' ..' w • s; �r�; .t t Layne Longfellow Director JnsttJute fcjr ittn�;ar� kills President. Lecture Theatre. lnc FA `� ` d s pepA"I.-Acd ivties r1E y „j f Special activ_:ti,.=� ar��. 4�4 r�r :,C ' lses.yy�; 'for city officia.and families q•v_ bean style mansion built ort the shore of Lake Superiorbetween Tuesday, June 12 >< 1905-1908 by Chester Adgate Congdon. The fish:boil will be . Lake Superior Fish Boil at Glensheen Mansion held on this 7.6-acre"historic 'site. The beautiful landscape. 6:00pni.-. , • , «~ r r { t grounds. -.and view of Lake Superior ,are outstanding Cost• Don'tmisstheopportunuy'tojoinus.at. 00;pm foran`au- $S.00.perperson..R.egistration_tEqui +(SggjW,gregistration r ;thentic fish boil and a touof Glensheen, a 39=room neo=Jaco- -' form.) •a RJ • ".1 �1' . i s I.fA � .L.1:� I' . .• .sit rh^,:i`.�} •fa t/:11 ..���i�YpY i'7 �� .�f�'v�i t� .r`;., � . f �1Rky'��i rig ��f�vJ jf it{•�ws'. LeadershipEnvironment yl`p�jQ �[ �ry.F (gyp g (, �.`. •.iG:S"d.�iU�wS ?S2aJr»L�.SYLt^t. ��Tai��e YI'cJ.�i�A �' £ 5�,,,,,�ttP 4a�i..a'a..• _[/1.� 4� r Ji. tfl' tt �{. rSS4 141 C Effective education for cities AH,1U111Cri�1l� C1(�Jlh lrr.tn_the Uultnh'Eni�rt.�tnment �i�► �: nticana ent�� {DE),unlefsh �u iii u<i l` CITY OF MENDOTA HEIGHTS MEMO April 23, 1990 TO: Mayor, City Council, City Administrator FROM: Kathleen M. Swanson City Clerk SUBJECT: Board of Review/Zoning Workshop Reminder INFORMATION The purpose of this memo is to remind Council of the scheduled Board of Review meeting and Zoning Workshop. The Board of Review of scheduled to be conducted at 7:30 P.M. on Wednesday, May 1st. At 8:00 P.M., Council is scheduled to convene a joint workshop with the Planning Commission for consideration and discussion of the draft Zoning Ordinance. ACTION REQUIRED At the end of the regular meeting on Tuesday evening; Council should pass a motion to adjourn the meeting to 7:30 P.M. on Wednesday, May 2nd for the Board of Review.