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1997-10-07 Council Packet
REVISED AGENDA CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA CITY COUNCIL AGENDA OCTOBER 7, 1997- 7:30 P.M. Call to Order Roll Call L3� Agenda Adoption 4. Approval of September 2 (Available Monday), September 16 and September 30 Special Workshop Minutes. [a! Consent Calendar a. Acknowledgment of the September 23 Planning Commission Minutes. b. Acknowledgment of the Building Activity Report for September. C. Authorization to Purchase New Squad Car. d. Approval to Use Landscape Architect to Design a Plan for the West End of City Hall (to correct erosion problem) and Authorization to Expend Funds from the City Hall -Contingency Fund. e. Approval of 1997 Funding Application for Community Landfill Abatement Program - RESOLUTION NO. 97-59. f. Acknowledge Receipt of Information regarding S . Paul Water Utility's 1998 Rate Increase. Acknowledge Receipt of Information regardi9 Lilydale Comprehensive Plan Approval by Metropolitan Council. h. Acknowledge Receipt of the Notice from Continental Cablevision regarding the Commencement of the Franchise Renewal Process and Direct Staff to request a Response from NDC4 about the Establishment of Renewal Proceedings. . . i. Authorization to Expend $500 for Food and Refreshments for the City's Annual Halloween Bonfire Event. j. Acknowledge Receipt of Tempco Building Expansion Withdrawal. lrk� Adoption of ORDINANCE NO. 316 - An Ordinance Prohibiting Parking C in the South Plaza Drive Cul-de-sac, and Extending 60 Feet Westerly Pon the North Side and 40 Feet on the South Side in Order to Create a Bus Zone. I. Approval of RESOLUTION NO. 97-60 - Resolution Accepting Work and Approving Final Payment for Improvement No. 93, Project No. 4 (Curley's Street Reconstruction). M. Approval of Temporary and Permanent Outdoor Fence Enclosure at Lloyd's Barbeque Company at 1455 Mendota Heights Road. n. Approval of Schneeman Revocable License Agreement for a Fence on City Property at 868 Bluff Circle - RESOLUTION NO. 97-61 o. Approval of RESOLUTION NO. 97-62 - A Resolution Authorizing a Limited Deer Control Bow Hunt on Private Property during the 1997 State Deer Hunt Season. P. Approval to Hire Council Recording Secretary. q. Approval of RESOLUTION NO. 97-63 - A Resolution Designating the City's Official Representatives and Alternates on the Metropolitan Aircraft Sound Abatement Council. r. Approval to Appoint Acting Police Chief. S. Approval of Permanent Appointment - Clerk -Receptionist. t. Approval of Permanent Appointment - Administrative Assistant U. Approval of the List of Contractors. V. Approval of the List of Claims. End of Consent Calendar L.6 Public Comments I7! Presentation a. Sixth Annual Fire Safety Awards. Imo' Victoria Curve Safety Improvements - RESOLUTION NO. 97-64 Roger's Lake Addition Drainage Improvement - v RESOLUTION NO. 97-65 (Available Tuesday) *Street Striping and Markings - RESOLUTION NO. 97-66 - (Available Tuesday) 9. Hearings /a.Tilsen's Highland Heights Street Reconstruction Project Assessment Hearing - 7.45 p.m. - RESOLUTION NO. 97-67 Y. Pine Creek Estates Project Assessment - 8:15 p.m. - RESOLUTION NO. 97-68 10. Unfinished and New Business Case No. 97-33: Lloyd's Barbeque - Front Yard Setback Variance and Sign Permit - RESOLUTION NO. 97-69 b. Case No. 97-34: Johnson - Side Yard Setback Variance - RESOLUTION NO. 97-70 Is/ Case No. 97-36: Dakota Bank - Variance/Landscape Changes - RESOLUTION NO. 97-71 Ud! Discuss Cohen Private Storm Sewer Connection. 4 e. Discuss Request for Special Sign Permit - Mendota Plaza Craft Show. f. Discuss Cellular/PCS Antennae Ordinance - ORDINANCE NO. 317 * * g. Discuss Environmental Assessment of Proposed 1,000 ft. Extension of Runway 4/22 11. Council Comments 12. Adjourn to October 14, 1997 Workshop. Auxiliary aids for persons with disabilities are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this. may not be possible on short notice. Please contact City Administration at 452-1850 with requests. CITY OF MENDOTA HEIGHTS MEMO October 7, 1997 TO: Mayor and City Council FROM: Kevin Batchelder, City Administrator SUBJECT: Add On Agenda for October 7 City Council Meeting Items originally indicated as being made available on Monday or Tuesday are submitted for Council review (items 4, 8b and 8c) N. One new item has been added to the Unfinished and New Business Section - 10g (* *). 3. Agenda Adoption It is recommended that Council adopt the revised agenda printed on blue paper. 4. Approval of September 2 Council Minutes. , Council received these minutes on Monday night. 8b. Bid w r = Roger's sake Addition Drainage Improvement:: RESOLUT/ON NO.. 97 - Please see the attached memo and resolution. 8c. Bid Award:: Street Striping end. Markings = RESOLUT/ON NO. 97-66 Please see the attached memo and resolution. 10g. Discuss Environmental Assessment Qf, Proposed 1.000 ft. Extension of Runway 4/22. Please see attached memo. KLB:kkb Page No. 1 September 2, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 2, 1997 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota 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 Huber, Koch, Krebsbach and Smith. Mayor Mertensotto informed the audience that former Fire Chief Arnie Siebell, who served on the fire department for over thirty years, passed away on September 1, 1997 after a lengthy illness. Council and the audience observed a moment of silence. On behalf of the City Council, Mayor Mertensotto expressed condolences to Mrs. Siebell and family members. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 4 Nays: 0 Abstain: 1 Huber Ayes: 5 Nays: 0 Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Councilmember Koch moved to acknowledge receipt of the amended minutes of the July 22, 1997 Joint City Council/Planning Commission meeting on the draft cellular/PCS ordinance. Councilmember Smith seconded the motion. Councilmember Koch moved approval of the minutes of the August 5, 1997 regular meeting as amended. Councilmember Smith seconded the motion. Councilmember Krebsbach moved approval of the amended minutes of the August 19, 1997 meeting. Councilmember Smith seconded the motion. Page No. 2 September 2, 1997 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items g, i and 1 to the regular agenda and to remove item p (establishing a school speed zone) to allow for receipt of additional information, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 13, 1997 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the Planning Commission meeting held on August 26, 1997. c. Acknowledgment of the Building Activity report for August. d. Acknowledgment of the unapproved minutes of the July 2, 1997 NDC4 Commission meeting and the August 6, 1997 Executive Committee meeting. e. Acknowledgment of revised budget forms: f. Adoption of Resolution No. 97-49, "RESOLUTION ADOPTING PROPOSED BUDGET," Resolution No. 97-50, "RESOLUTION APPROVING TENTATIVE 1997 COLLECTIBLE IN 1998," and Resolution No. 97-51, "RESOLUTION APPROVING FINAL 1997 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 1998." g. Approval to schedule a Council workshop on September 30, 1997 at 7:30 p.m. to discuss proposed Bunker Hills area street improvements and to direct staff to send letters to the Bunker Hills residents to inform them of the workshop. h. Adoption of Resolution No. 97-52, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR TILSEN'S HIGHLAND HEIGHTS STREET RECONSTRUCTION AND SURROUNDING AREA IMPROVEMENTS' (IMPROVEMENT NO. 96, PROJECT NO. 4)." i. Authorization for the issuance of a building permit to Lloyd's Meats to construct a parking lot in accordance with plans dated August 21, 1997. j. Approval of plans and specifications for Victoria Curve safety improvements and authorization for staff to advertise for bids, Page No. 3 September 2, 1997 with the stipulation that costs associated with the project will be funded by Tax Increment financing. k. Approval for the Parks and Recreation Commission to cancel its meeting scheduled for September 9. 1. Approval of the list of contractor licenses dated September 2, 1997 and attached hereto. m. Approval of the List of Claims dated September 2, 1997 and totaling $347,376.64. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 FIRE DEPARTMENT Council acknowledged a memo from Fire Chief Maczko APPOINTMENTS regarding the appointment of probationary firefighters. Council also acknowledged letters from Firefighters Richard Zwim and Paul Dreelan. Chief Maczko was present for the discussion. Mayor Mertensotto stated that he understands that Chief Maczko would like Council to grant probationary appointment to five potential candidates, Rob Galezewski, Tracy Wilcziek, John Boland, Richard Burrows and David Bell to the fire department so that the candidates can begin Vo -Tech training on September 15. He informed Chief Maczko Ahat Council does not want to increase the department complement above the 36 person maximum. He expressed concern over additional exposure for workers' compensation and other benefits. Chief Maczko responded that the candidates would not receive any compensation to attend training at the Vo -Tech, but they would receive mileage. He explained that in addition to the vocational school training, the candidates will at the same time receive training at the fire station so that when they have completed their schooling in mid-December they can begin fire fighting. He informed Council that before training is completed, new firefighters are not allowed to go out with the first response truck or participate in interior fire fighting. He stated that fire fighting gear must be provided for them. Mayor Mertensotto pointed out that there are currently only three vacancies on the department and appointing two additional candidates in anticipation of retirements of two members could create real problems. Page No. 4 September 2, 1997 Chief Maczko responded that two firefighters have submitted letters stating that they will be retiring or resigning by the end of the year, and unless all of the candidates are appointed and begin training, the department will be two members short at the beginning of the year. He informed Council that the next Firefighter I class is in March, and if two appointments are delayed, those firefighters would not be able to begin fire fighting until they complete the training. He stated that appointments are generally coordinated with retirements and other openings so that two or three people can be trained at the same time. He stated that this time, when the recruitment process was started in April, there were three openings to fill. Since that time, two fire fighters have indicated that they would be leaving at the end of the year, so he felt it would make good sense to make five appointments so that the department would be at full complement at the beginning of the year rather than appointing three now and two more in three months. Mayor Mertensotto responded that there are three openings now and } Council has always filled existing openings and not' increased the complement of the department. He also noted that one of the letters states that the firefighter intends to resign, but not that he will be resigning. Chief Maczko stated that the five candidates not only want to be firefighters, but that they also are willing to do daytime response, which is critical for the department. Councilmember Smith stated that if the city has resignations she does not think it would be unusual -to make the appointments, and if there is an overlap the department will be at full complement with trained firefighters to fill in right away at the beginning of the year. She stated, however, that she agreed with Mayor Mertensotto that the letter from one of the firefighters is not clear that he will be resigning, because it states that he intends to resign — which is not a definite resignation. Mayor Mertensotto stated that if the letter stated that the firefighter will be resigning on December 31, Council could accept the resignation. Councilmember Huber stated that he agrees in a sense, since until the firefighter actually resigns, he could change his mind at any time. He stated however that the firefighter has served the city honorably, and he did not think the individual would give the city a letter stating his intent and then rescind it. Page No. 5 September 2, 1997 Mayor Mertensotto pointed out that he is concerned over setting precedent, stating that Council would not want to set a precedent to increase the complement of the department to more than 36 members. Councilmember Huber did not believe precedent would be set, stating that the appointments are more driven by the timing of training availability through the vocational school. He felt that Council should appoint all five candidates, since the two firefighters who submitted letters have served honorably and have stated their intent. Councilmember Smith asked if two of the candidates could be appointed on a contractual basis until such time as the openings are definite. She also asked if the five individuals would only be obligated to respond to calls during the daytime. Chief Maczko responded that they would be obligated to respond to calls whenever they are available, but they have permission from their employers to respond during the day or they work hours that would allow daytime response. He explained that each of the candidates has been notified, through a memorandum of understanding, that if conditions change and they cannot respond during the day they will be released from the department. He ' recommended that all five candidates be appointed so that they can begin Firefighter I training. Mayor Mertensotto responded that the letter from one of the firefighters is a matter of interpretation, and putting on an extra firefighter will impact the department budget and workers' compensation- cost. Councilmember Koch felt that the letter is a letter of resignation even though it uses the word intent. Councilmember Koch stated that she does not believe a precedent would be set since there are three current vacancies and two individuals have submitted letters saying they are leaving the department on December 31. Councilmember Smith stated that she feels Council should appoint people to the number of openings which exist, and for which Council has received letters of resignation, but that there seems to be some question on whether Council actually does have letters of resignation in hand. She asked Chief Maczko if he feels that the two firefighters Page No. 6 September 2, 1997 would sign a letter of resignation drawn up by the city, since there seems to be a question of interpretation on the letters which have been submitted. Chief Maczko responded that the individuals would probably sign the letters. He stated that one of the letters has been re -drafted already, and if there is some other language that Council feels is more appropriate he would be happy to bring them to the individuals. Councilmember Smith stated that she has no doubt that the two individuals are serious about resigning, but if they should change their minds for some reason, the maximum complement of the department would be exceeded at the end of the year. Mayor Mertensotto stated that the letters should be very clear in stating that the individuals ask the city to accept their resignations effective on December 31, 1997. He pointed out that the existing letters are not actually letters of resignation, and the individuals could Chief Maczko stated that the department and the two members have done a good job for the city and he regrets that Council thinks there may be some game playing going on. Councilmember Huber moved to accept the Fire Chief's recommendation for appointment of the five candidates so that they can begin training in anticipation of the resignation of two firefighters plus the three existing vacancies. Councilmember Smith asked whether Councilmember Huber would agree to conditioning the appointments on city receipt of letters from the two firefighters which ask the city to accept their resignations effective on December 31, 1.997. Councihnember Krebsbach stated that she would prefer that three individuals be appointed and that the other two be given provisional appointment until the resignations are effective. Councilmember Huber stated that he would not agree to such an amendment to the motion, because the two provisional appointees would feel second best. He called for a vote on the motion. Vote on Motion: Ayes: Huber, Koch Nays: Mertensotto, Krebsbach, Smith Page No. 7 September 2, 1997 Motion failed. Councilmember Krebsbach moved to grant probationary appointment to the five recommended candidates conditioned upon receipt of redrafted letters of resignation so that they are standard letters of resignation, and with the understanding that if no redrafted letters are received, only three appointments will be effective, and if one letter is received, only four appointments will be effective. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 CASE NO. 97-23, MOEN- Council acknowledged a memo from Assistant Hollister regarding LEUER the withdrawal by Moen-Leuer of its application for office - warehouse development for the Tousignant site on Mendota Heights Road. Council also acknowledged a letter from Moen-Leuer stating that it has sold the property to United Properties and a letter from Dale Glowa, of United Properties, stating that United Properties has agreed to acquire the property and is not interested in the development plan previously submitted by Moen-Leuer. Mayor Mertensotto stated that the Moen-Leuer letter is meaningless since it does not withdraw the application, and asked whether it has been made clear to Moen-Leuer that they were granted a thirty day extension and Council must make a decision on the application. He stated that either Moen-Leuer must withdraw the application or Council can deny it. He further stated that although the application did not go through the entire planning process, the city has expended money on the process and if United Properties takes over, it must submit a new application and fees. - Assistant Hollister responded that United Properties has asked that the city accept the withdrawal of Moen-Leuer's application rather than denying the application. He explained that the Moen-Leuer letter simply states that they are not going to pursue the application, but both Moen-Leuer and United Properties have indicated that they would be willing to put in writing anything the city desires. Mayor Mertensotto stated that he could support accepting withdrawal of the application with the understanding that Moen- Leuer will forfeit all application fees that it has submitted and the matter will be terminated. He stated that based on the United Properties statement that it would prefer that the application be withdrawn, he would recommend that Council accept the withdrawal on the condition that the application would be terminated and all fees would be forfeited. Page No. 8 September 2, 1997 Councilmember Smith moved to approve Moen-Leuer's request to withdraw its planning application number 97-23 with the condition that Moen-Leuer forfeits all application fees and that the case is hereby terminated. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 MCTO Council acknowledged a memo from Administrator Batchelder regarding MCTO bus route proposals. Council also acknowledged letters from Ms. Sue Light, 970 Wagon Wheel Trail; Mr. Mark Ascher, 2061 Patricia Street; Ms. Marilyn Hays, 2085 Patricia; Mr. Lawrence Wenzel; and Ms. Debbie Smith, 1088 William Court, responding to a letter from the city administrator to residents along Wagon Wheel and Lexington regarding proposed route changes. Council also acknowledged a log of telephone responses to the letter. Responding to Council questions, Administrator Batchelder stated that Route 425 begins at the Mall of America with the intent of taking students to Brown Institute and also to serve the city's industrial park. When it gets to South Plaza Drive, the route changes to 95MU, at which point it will pick up Mendota Heights residents who wish to travel to downtown Minneapolis. He stated that 95Mu will begin in Mendota Heights rather than West St. Paul so that service can be provided to Mendota Heights residents. He also explained that the turn -around at the senior housing facility was ! provided to serve MCTO. Councilmember Krebsbach responded that the turn -around seems to be serving more than the senior housing facility, so there will be more people coming to the facility. She stated that she wants to be sure that the increased traffic will not create a problem for the seniors. Councilmember Smith stated that she feels that there could be stops created that would be more conducive to ridership, such as a route along Pilot Knob to T.H. 13 and then over to Center Pointe to the new bank, where people from North and South Lexington could pick up bus service to Minneapolis. Mayor Mertensotto pointed out that MCTO has given the city the information as a courtesy and in a cooperative effort and that MCTO does not need any action from the city on the proposed routes. He directed Administrator Batchelder to inform MCTO that responses to the neighborhood survey indicated that residents along Lexington Page No. 9 September 2, 1997 and Wagon Wheel are not interested in expanded bus traffic. He suggested that Council give MCTO a consensus that based on the survey results Council would prefer that MCTO use Mendota Heights Road west of Dodd Road, and Dodd Road. Councilmember Krebsbach stated that she would also like to be able to have input next spring before the routes are implemented It was the consensus that the MCTO routes should be operated on Mendota Heights Road, west of Dodd Road, and along Dodd Road and that MCTO be informed that Council would like the opportunity for input before any future changes are made. WENTWORTH PARK Council acknowledged a memo from Parks Project Manager SHELTERS Kullander regarding bids received for construction of two picnic shelters in Wentworth Park. There was discussion over why only one bid was received and why the bid exceeded the city's estimate by 50%. Because It was the consensus of Council to authorize staff to re -bid the project early in the spring of 1998. NORTH KENSINGTON PARK Council acknowledged a memo from Parks Project Manager Kullander regarding bids received for North Kensington Park landscape improvements. Councilmember Smith moved to accept the bids and award the contract for North Kensington Park landscape improvements to R.L. Reynolds Construction for its low bid of $40,116. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TREE PLANTING BIDS Council acknowledged a tabulation of bids received for the 1997 boulevard tree planting program. Councilmember Krebsbach moved to award the contract for the 1997 boulevard tree planting program to Greenworks, Inc., for its low bid of $11,200. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 10 September 2, 1997 AIR NOISE PLAN Council acknowledged a memo from Administrator Batchelder regarding the Airport Relations Commission's Air Noise Plan of Action. Commission member Ellsworth Stein was present for the discussion. Administrator Batchelder reviewed the Plan for Council and the audience and responded to Council questions. Council expressed appreciation to the Airport Relations Commission. Councilmember Smith suggested that Council form a subcommittee, representing Council, the Airport Relations Commission, Planning Commission and city staff, to deal with some of the more imminent issues (such as planning), that go beyond air noise. TEMPCO Council acknowledged a memo from Administrative Assistant Hollister relative to continued discussion on tax increment financing for improvements to the Tempco site. Assistant Hollister informed Council that staff has not received any response -from Tempco to the proposed TIF agreement. It was the consensus to table discussion until such time as a response is received from Tempco. 4 STREET NAME CHANGE Council acknowledged a letter from Dakota Bank President John Seidel requesting that the city change the name of the T.H. 110/Lexington Avenue Frontage Road to "Dakota Drive." Council also acknowledged an associated memo from Public Works Director Danielson and a letter from property owners opposing the name change. Public Works Director Danielson informed Council that he has received written concurrence with the name change from all of the property owners on the frontage road with the exception of Mr. & Mrs. Eldeeb. It was the consensus of Council to table action on the request until the Eldeebs can be contacted to see if they are in agreement with the name change. HUBER/DELAWARE Council acknowledged a memo from Public Works Director Page No. 11 September 2, 1997 AVENUE TURN LANES Danielson regarding installation of a right turn lane on Delaware Avenue at Huber Drive and a letter from Mr. & Mrs. Roger Shepherd, Jr., 2155 Delaware Avenue, objecting to the turn lane. Mayor Mertensotto stated that as a general policy, he does not want the city to use condemnation proceedings unless there is a serious safety concern. Councilmember Smith stated that the problem with the intersection is that people come over the rise on Delaware and do not have sufficient time to react. She suggested that Council discuss the matter with the Shepherds to see if their concerns can be addressed. Public Works Director Danielson informed Council that the Shepherds are considering subdividing their property in the future, and the city could wait to acquire the additional right-of-way at that time. It was the consensus to appoint Councilmember Smith to serve as a Council subcommittee to contact Mr. & Mrs. Shepherd and discuss the matter. RIGHT-OF-WAY RELEASE Council acknowledged a letter from Mr. John Leach and Mr. Tom REQUEST Leach requesting that the city release its interest in the Mn/DOT right-of-way at the northeast quadrant of the intersection of T.H. 110 and Dodd Road. Council also acknowledged a related memo from Public Works Director Danielson. The applicants were present for the discussion. Council discussed the request with the Leachs' and informed them that the city is in the process of updating the Comprehensive Plan and that Council has refrained from releasing any parcels from the unused Mn/DOT right-of-way until Council can see how the development of the property should best be guided. CASE NO. 97-27, Council acknowledged an application from Roseville Properties for ROSEVILLE PROPERTIES a simple lot division to readjust the lot line between Lot 6 and Lot 5 of Block 1, Yorkton Centre Pointe South. Council also acknowledged associated staff reports. Mr. Hugh Cullen, from Roseville Properties, was present for the discussion. Mr. Cullen explained that when he purchased the land south of the Centre Pointe building, he discovered that there was a 60 foot easement between Parcels A & B that turned out to be on the parking Page No. 12 September 2, 1997 lot, and he wants Center Pointe to have the dedicated land for parking. It was the consensus that Roseville Properties must submit executed easement documents granting the city five foot utility easements along the new lot lines, and to table action on the matter until September 16. CASE NO. 97-SCHNEEMAN Council acknowledged an application from Mr. Eric Schneeman for a variance to allow installation of a fence on city property. Council also acknowledged associated staff reports. Mr. Schneeman submitted and reviewed revised drawings. He explained that he is asking for two variances, one in the front yard and one in the back yard. He explained that his home is on a cul- de-sac and there is a 20 foot easement on his side of the road. He stated that he would like to install a split rail fence around most of his yard and is asking for a variance to place the fence thirteen feet from the curb. Mayor Mertensotto informed Mr. Schneeman that one of the reasons why the city has never permitted structures within the fifteen foot boulevard area behind the curb is because structures can interfere with snow plowing or be subjected to potential damage from snow plowing. Mr. Schneeman responded that a setback fifteen feet from the curb would be acceptable. He informed Council that much of his back yard is natural and a city trail runs along his side yard. He stated that people come down the street, and, because of bushes, miss the path and end up going down his driveway. He stated that he has five children and many things end up in the driveway, causing a safety problem. He also stated that there is a very steep drop off in the back of his property. He informed Council that he would like to install the fence in the front yard to clearly define it as a yard so people do not go onto it and that he would also like to put the fence in the back to keep people from getting hurt. Councilmember Smith stated that perhaps some of the bushes are not located properly on the city property. Councilmember Huber stated that the trail is bituminous, as is the Schneeman driveway, and people who are not familiar with the trail might mistake the driveway for the trail. He stated that the trail is Page No. 13 September 2, 1997 the access to Valley Park and there is signage to tell people to get off of their bikes because the hill is so steep. Councilmember Smith stated that as it is proposed, the fence would be on quite a bit of city property. Mr. Schneeman responded that he would donate the fence to the city because the fence would be for safety for those using the trail, and that he will maintain the fence. He further stated that if the city ever runs into any problems because of the fence, the city could take it out. He stated that a fence cannot be installed in his back yard unless it is on city property. Mayor Mertensotto suggested that Council could allow the fence to be placed on city property with the understanding that if it is on city property it belongs to the city but if Mr. Schneeman does not maintain the fence or if there are any problems caused by the fence, the city will remove it. There was discussion over how much snow storage space is needed by the city on cul-de-sacs. Mr. Schneeman stated that the fence will be split rail and snow should go through it, as opposed to a side by side privacy fence which would cause snow to mound. Councilmember Smith asked Mr. Schneeman if it is his expectation that snow plowing would not stop and that snow could mound. Mr. Schneeman responded that he would not expect the city to change its plowing procedure. ` Mayor Mertensotto informed Mr. Schneeman that if the variance is granted, no plantings could be installed around the fence and that anything planted in the boulevard area is subject to snowplow damage and the city would not replace or repair anything in the boulevard that is damaged. Councilmember Smith expressed concern about the back yard area and the encroachment of a fence on right-of-way. Councilmember Huber responded that if someone were going down the path and lost control of a bike, they would not hit the proposed fence. Page No. 14 September 2, 1997 Responding to a question from Councilmember Krebsbach, Mr. Schneeman stated that the fence would be eight feet from the trail. Councilmember Krebsbach pointed out that if someone were moving quickly on roller blades, eight feet is not very wide. Mayor Mertensotto stated that if the fence is approved, the city should require Mr. Schneeman to enter into a recordable agreement which would set forth the city's rights, including that once the fence is installed it becomes city property but as long as the fence exists as an enclosure for the yard, the property owner must provide maintenance. Councilmember Smith stated that the city should also be held harmless against anything that might happen to the Schneeman family, visitors, etc. Councilmember Krebsbach stated that she would need to be absolutely certain that the fence is placed far enough away from the trail so that it does not contribute to any type of hazard. Councilmember Smith expressed concern about public property being used for private purposes. Administrator Batchelder stated that the drawings do not show the distance between the fence and the path and he would want that to be covered in the agreement. He further stated that he shares the concern that the fence could be too close to the path for the bicycle riders and roller bladers using the path. Council directed the city attorney to prepare a license agreement, with a new sketch showing the dimensions and location of the fence as an attachment, for execution by the Schneemans and consideration on the next Council agenda. CASE NO. 97-28 Council acknowledged an application from Brian Convery for a CONVERY conditional use permit to allow a detached garage at 1193 Victoria Curve. Council also acknowledged associated staff reports. Mr. Convery was present for the discussion. After brief discussion, Councilmember Krebsbach moved adoption of Resolution No. 97-54, "A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE FOR 1193 VICTORIA CURVE." Councilmember Smith seconded the motion. Page No. 15 September 2, 1997 Ayes: 5 Nays: 0 CASE NO. 97-29, PALME Council acknowledged an application from Mr. Dave Palme for a conditional use permit for detached garage and sideyard setback variance at 1053 Wagon Wheel Trail. Council also acknowledged associated staff reports. Mr. Palme was present for the discussion. Mr. Palme explained his requests and showed photographs of his property to Council, explaining where the former garage was and where he proposes to locate the new one. He stated that he believes the city plat maps are in error and that the property dimensions he submitted are accurate. Councilmember Smith responded that it is not for Council to judge where the Palme property line is. She asked if the city has any drawings that show where the right-of-way is for the city trail that runs along the property. Public Works Director Danielson responded that Mr. Palme drew a heavy line over the line that was generated by GIS, and it shows that the garage would be totally on his property. He stated that city staff could only find one Mn/DOT property line pin, but all of the evidence- the city has is that the garage is totally on the Palme property. He informed Council that even though the City Planner recommended denial, the Planning Commission clearly felt there were several hardships involved with the request and therefore recommended Council approval of the variance. o Responding to a question fro Vslowe Lrr emberlebsbach, Mr. Danielson stated that there d trees involved if the garage were moved back, an those conditions, the Planning Commission felt thature should be built in the same location as the old garage. Mayor Mertensotto stated that whenever there is a conditional use permit, any variances are granted with it, and the variance should be included in the conditional use permit so that the conditional use permit controls. He stated that he would prefer to grant the conditional use permit to construct a detached garage in accordance with the sketch plan submitted by the applicant and the recommendation of the Planning Commission, without granting a variance, because then the conditional use permit controls the structure. He pointed out that if the structure were to be substantially damaged in the future, the owner would need to go through the Page No. 16 September 2, 1997 conditional use process again, whereas if a variance were granted, the variance would go with the property. Councilmember Smith agreed, stating that in a variance application, Council must make a determination on how large a variance is required. She pointed out that in this case, that determination cannot be made. She stated that she would like to see more vegetation planted along the property to provide a buffer from the city trail. Mr. Palme responded that he has planted over 300 trees and shrubs over the past few years. Councilmember Huber moved adoption of Resolution No. 97-55, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE," revised to remove language referencing variances, and with the addition that the 24 by 24 foot free standing garage be constructed in accordance with the plan submitted by the applicant and on file with the city. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 VISITATION SCHOOL Council acknowledged an application from the Convent of the Visitation for a conditional use permit for a new Early Childhood Center, along with associated staff reports. Mr. Gary Ostberg, of Ostberg Architects, was present on behalf of Visitation. Mr. Ostberg stated that the school would like to have a year in which to use the conditional use permit. He explained that fund raising has not been as successful as had been hoped, and Visitation is now looking at construction in April. He explained the six programs that will occur at the Center, stating that the existing facility will be removed and there will be no increase in enrollment associated with construction of the new Early Childhood facility. After brief discussion, Councilmember Krebsbach moved adoption of Resolution No. 97-56, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO CONVENT OF THE VISITATION SCHOOL FOR A DAY CARE SCHOOL," revised to include that Visitation has up to one year from the date of issuance of the conditional use permit in which to apply for a building permit. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Page No. 17 September 2, 1997 CASE NO. 97-31, Council acknowledged a memo from Assistant Hollister regarding a HOFFMAN HOMES request from Hoffman Homes for concept plan review. Mr. Peter Doyle and Mr. Pat Hoffman were present on behalf of Hoffman Homes. Mr. Doyle reviewed the concept for sixty townhouse units on about forty acres of land on the isthmus between Lake Augusta and Lake LeMay on Resurrection Cemetery property. He stated that the project would consist of 30 structures targeted at the upscale market. He stated that if the air noise contours are not changed about half of the units would fall within noise zone 4, but if it is changed to the new contours that are being discussed, all of the units would fall in zone three, which is inconsistent with residential use. He informed Council of his discussions with Mn/DOT over access points from new T.H. 13. He stated that no variances would be needed for density or setbacks and that the project would comply with the spirit of the proposed tree ordinance. Responding to a question from Mayor Mertensotto about whether the developers would intend to provide some type of access to the lake, Mr. Doyle stated that it is intended to have passive access to the lake but not public access or boat access. He stated that the intent is to encourage canoe or small sailboat use but not to allow dockage. There was discussion over noise zone restrictions and the possibility that the Metropolitan Council may expand zone three, which would cut off development of the property. Mayor Mertensotto stated that his concern is that the city has limited resources and does not want to spend a great deal of staff and consultant time on a development only to find that it cannot be approved. He stated there must be some way to find out if development could in fact be approved by the Metropolitan Council. He suggested that a subcommittee be formed, consisting of two Councilmembers and members of the Planning and Airport Relations Commissions, to review details of the proposed project, such as amenities, access, number of units, etc., and to discuss what inquiry should be made to the Metropolitan Council. He asked Mr. Hoffman to put in writing what the project consists of so that the committee has a better unified approach if it goes to the Metropolitan Council. Councilmember Smith asked whether the noise standards were automatically imposed on the city or if the Council boxed itself in in the past by adopting a noise ordinance. Page No. 18 September 2, 1997 Mr. Hoffman responded that what the Metropolitan Council is doing is using the Comprehensive Plan approval process to force cities to do what that Metropolitan Council cannot do itself. Mayor Mertensotto stated that Mendota Heights is the only city in the metropolitan area that adopted a noise attenuation ordinance. He stated that the city is not boxed in — the ordinance speaks to building construction details for noise attenuation. McNEILL PROPERTY Public Works Director Danielson briefly reviewed his memo updating Council on the status of acquisition of the McNeill property. Mayor Mertensotto suggested that the city commence the condemnation proceedings and see what the commissioners come up with. He did not want the city to become involved with a quick take. LILYDALE PLAN Council acknowledged a memo from Assistant Hollister along with a portion of the proposed new Comprehensive Plan for the City of Lilydale. Administrator Batchelder stated that Council has only a couple of weeks to comment on the Lilydale plan. Councilmember Krebsbach stated that her biggest concern is over traffic exiting I -35E. Mayor Mertensotto responded that he does not believe there will be a problem, since Mn/DOT is going to add two lanes on the bridge in the near future. Discussion on the Lilydale Comprehensive Plan was continued to September 16. COUNCIL COMMENTS Councilmember Huber stated that a property owner on Junction Lane has trees which overhang a neighboring property, and the matter has turned into a neighborhood dispute over tree trimming. He discussed the history of the dispute for Council. Mayor Mertensotto stated that the matter is a private matter, and if there is any damage from the trees it becomes an insurance issue. He stated that all the city could do is to offer mediation assistance. Page No. 19 September 2, 1997 ADJOURN There being no further business to come before the Council, Councilmember Krebsbach moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:30 o'clock A.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor , LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL September 2 1997 Asphalt Contractor License Valley Blacktopping, Inc. Concrete/Masonry Contractor License Sonco, Inc. Excavating Contractor License Beyer Excavating J J Charles & Sons Metro Utilities, Inc. Valley Rich Co, Inc. General Contractor License Architectural Renovations Inc. D & W Construction Imperial Developers, Inc. a Page No. 1 September 16, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 16, 1997 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota 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 Koch and Smith. Councilmembers Huber and Krebsbach had notified Council that they would be absent. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the September 9, 1997 special meeting. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, amended to remove item i, Council recording secretary, and item p, Case No. 97-32, from the agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 10, 1997 Airport Relations Commission meeting. b. Acknowledgment of the Treasurer's monthly report for August. Acknowledgment of the Fire Department monthly report for August. d. Acknowledgment of information regarding the Parkview Plaza dedication ceremony. Page No. 2 September 16, 1997 e. Adoption of Resolution No. 97-56, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR PINE CREEK ESTATES AND SURROUNDING AREAS IMPROVEMENTS (IMPROVEMENT No. 93, PROJECT NO. 1)." f. Acknowledgment of quotations for repairs on Vandall Street between Third and Fourth Avenues and authorization to issue a purchase order to Pine Bend Paving for its low bid of $3,795. g. Acknowledgment of bids received for rebuilding the Wentworth Park hockey rink and award of a purchase order to Keller Residential for its low bid of $10,263.00. h. Approval of the probationary appointment of Rich Burrows as Maintenance Worker III with the Utility Department, effective September 17, 1997. i. Direction to staff to inform Dakota County that the Northern Dakota County Service Center facility is not in keeping with the uses and character of the region in Mendota Heights within the search area. j. Acknowledgment of past correspondence on Bunker Hills street reconstruction, for Council's information prior to the Council/neighborhood workshop to be held on September 30, 1997. k. Adoption of Ordinance No. 315, "AN ORDINANCE PROVIDING FOR THE CHANGE OF NAME FOR TRUNK HIGHWAY 110 FRONTAGE ROAD TO "DAKOTA DRIVE." 1. Adoption of Resolution No. 97-57, "A RESOLUTION APPROVING A LOT LINE ADJUSTMENT TO ROSEVILLE PROPERTIES FOR YORKTON CENTRE POINTE SOUTH, LOTS 5 AND 6 OF BLOCK 1." m. Acceptance of the resignation of Police Chief Delmont, effective October 31, 1997 along with authorization for staff to begin the recruitment process, including establishing a screening committee of seven members including Council and the City Administrator, and with direction to invite the police officers to submit written input to the committee on whatever issues they would like addressed. Page No. 3 September 16, 1997 n. Acknowledgment of information regarding the Minnesota Alliance for Youth Kick-off Event. o. Approval of the list of contractor licenses dated September 16, 1997 and attached hereto. p. Approval of the List of Claims dated September 16, 1997 and totaling $308,027.80. q. Adoption of Resolution No. 97-58, "RESOLUTION CALLING FOR HEARING ON PROPOSED STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE THE AREA REFERRED TO AS BUNKER HILLS INCLUDING PROPERTIES IN RIDGEWOOD PARK, SOMERSET HILLS, SOMERSET HILLS NO. 2, SPRING CREEK ACRES, AND VALLEY CURVE ESTATES (IMPROVEMENT NO. 96, PROJECT NO. 3). Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 CASE NO. 97-17, MENDOTA Council acknowledged a memo from Assistant Hollister regarding HEIGHTS UNITED CHURCH continued discussion on an application from the Mendota Heights OF CHRIST United Church of Christ, along with the following documents provided by the church: Warranty Deed No. 559-186, and Exhibit A to the deed (legal description and description of driveway easement). Mr. Carl Baumeister, present for the discussion, described the easement area for Council. Councilmember S=deed. a is concerned that the easement appear on the owned by the nature center as well as the c urchP rz>re,r-p-C-0 V-JQ Mayor Mertensotto asked that the church direct its legal counsel to check the property record and verify that the church has the right of access to the highway from the church property, whether through the submitted deed or a series of deeds. He informed Mr. Baumeister that Council can approve the lot reconfiguration on the condition that legal counsel for the church submits a letter to City Attorney Hart verifying that the church does have legal access. Page No. 4 September 16, 1997 Councilmember Smith moved adoption of Resolution No. 97-59, "A RESOLUTION GRANTING A PRELIMINARY PLAT APPROVAL TO RECONFIGURE THE LOT LINE BETWEEN MENDOTA HEIGHTS UNITED CHURCH OF CHRIST AND DODGE NATURE CENTER," approving the application for lot reconfiguration, consistent with the plan on file with the city, on the condition that the city receive a letter from legal counsel for the church verifying that the applicant has legal access over its property to the public roadway. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 SUPER AMERICA SIGNS Council acknowledged a letter from Mr. Michael Cronin, representing SuperAmerica, requesting permission to place two temporary banner signs at ground level at the SuperAmerica facility located at T.H. 110 and Lexington Avenue, and to decorate the light standards with red, white and blue streamers for two weeks to announce the opening of the new facility. Council also acknowledged an application for sign permit and a memo from Assistant Hollister. Mr. Cronin and Mr. Mark Erickson were present for the discussion. Mr. Cronin explained that the purpose of the signs and streamers is to announce the grand opening of the store and to let people know that the facility is open. He asked that the signs be allowed at the site for two weeks beginning on the opening date of the store on September 18. He explained that the signs are two feet by four feet and two feet by six feet and will only be about three feet tall and will not present a safety issue. He stated that the fabric banners will be secured to the ground by metal stakes. Councilmember Smith moved to authorize staff to issue a temporary sign permit for two banners and streamers at the SuperAmerica facility on T.H. 110 at Lexington Avenue for a period of fifteen days beginning on September 18, 1997. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 TREE ORDINANCE Council acknowledged a proposed tree removal ordinance along with an associated memo from Assistant Hollister. Mayor Mertensotto stated that he has not had the opportunity to discuss the proposed ordinance with the owners of the largest tract of undeveloped wooded property in the city. Page No. 5 September 16, 1997 Discussion on the proposed ordinance was tabled. SNYDER'S SIGN Council acknowledged an application from Sign Art Company, Inc., on behalf of Snyder's Drug Store, for a 22.14 square foot sign above the south entry to Snyder's. Council also acknowledged an associated memo from Code Enforcement Officer Berg. Responding to a question from Mayor Mertensotto on whether the stacking of the letters in two rows meets the sign ordinance, Public Works Director Danielson stated that the Code Enforcement Officer has informed him that the sign meets the sign criteria for the shopping center. He informed Council that the sign is not illuminated. Mayor Mertensotto pointed out that if Snyder's ever desires to light the sign, they must meet the lighting criteria for signs in the Plaza. He was concerned that the signs on the back of the center were limited to twelve inches, and the request proposes stacking of the name with twelve inch letters in each row. Councilmember Smith stated that she feels the stacked lettering is more appropriate since the entrance over which it will be located is small. She pointed out that at the last discussion with the shopping center owner, Ed Paster, Council discussed its concern about the trash bins to the rear of the building and Mr. Paster indicated that he would try to find a solution. She asked if Mr. Paster has informed staff that he has found a solution or that he will screen the trash bins. Public Works Director Danielson responded that Mr. Paster has not spoken to him about the matter and that the containers are not just sitting on the blacktop. Mayor Mertensotto pointed out that allowing the trash containers on blacktop presents a dangerous situation, particularly that on a hot day loaded containers could shift and tip over on someone. He felt that a solution might be to place the containers on a concrete slab and enclose them, or that perhaps not every tenant needs a container and one location could be provided for trash, away from the entrance to the building. After discussion, Councilmember Koch moved to authorize the issuance of a sign permit to Sign Art Company, Inc., for Snyder's Drug, for the installation of a sign as requested with the condition that the sign not be lit without further approval from Council. Councilmember Smith seconded the motion. Page No. 6 September 16, 1997 Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 PARK FEES Council acknowledged a memo from Assistant Hollister along with a proposed resolution to increase park dedication fees. Councilmember Smith did not feel that it is equitable not to impose park dedication fees on commercial properties which are not being divided but are being redeveloped for a more intense use than the original use. She pointed to George's Golf as an example, stating that the new use of the property is a much more intense use but there is no park dedication fee. Treasurer Shaughnessy stated that there has never been a change in the boundaries of the property, so there has never been a park contribution required for the property, whereas when United Properties platted its property, it paid park dedication fees for each lot. He stated that the Tousignant property is another example of a parcel which would not be required to pay a park fee when the property develops unless it is subdivided, even though there has not been a fee paid in the past. City Attorney Hart stated that it is a very common occurrence to take a piece of industrial property and develop it for a more intense use, such as enlarging the use or redeveloping a site, or developing an existing platted lot, which could have a significant impact on use of the park system, and it would be legitimate to require a park contribution for those properties. Assistant Hollister informed Council that he has received comments from Dale Glowa, of United Properties, stating that with the exception of the Acacia area United Properties gave park dedication fees to the city on an acreage basis rather than a per lot basis. Mr. Glowa was concerned that if the fee schedule is adopted United Properties might be required to pay park contributions again. He stated that Mr. Glowa also stated that he would prefer a fee requirement of 5% versus 10% of market value for commercial/ industrial properties.. Councilmember Smith agreed that 10% is to onerous. Mayor Mertensotto stated that the percentage is discretionary on the city's part and that while the fee could not be greater than 10%, Council could reduce the percentage. Ll LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL September 16 1997 Excavating Contractor License Jeanetta & Sons Excavating Gas Piping Contractor License Main Line Plumbing Romark, Inc. Hvac Contractor License Romark, Inc. General Contractor License Advance Construction Company Inglas, LLP Metro Manufacturing, Inc. Sign Contractor License Leroy Signs, Inc. CITY -OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION SEPTEMBER 23, 1997 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 23, 1997, in the Council Chambers at City Hall, 1 101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following Commission members were present: Dwyer, Koll, Betlej and Tilsen. Commissioners Friel, Lorberbaum and Duggan were excused. Also present were Public Works Director Jim Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Tilsen moved approval of the August 26, 1997 minutes with corrections. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 1 HEAFJING: CASE NO. 97-33: RYAN COMPANIES (LLOYD'S BBQ) VARIANCE Mr. Todd Schell, of Ryan Companies, was present to discuss their request for a front yard setback variance which would allow a 40' by 82' expansion of Lloyd's BBQ Company located at 1455 Mendota Heights Road. Chair Dwyer stated that the applicant is proposing to build two additions on the west side of the building adjacent to State Highway #13, with one of the additions being 40' by 82'. Dwyer stated that the applicant has demonstrated a hardship in that highway right-of-way is irregular and angled in front of the building. He explained that the expansion will encroach into the 40 foot right-of-way by 2.72 feet. He further stated that this expansion does not impact adjacent property or traffic. Commissioner Tilsen inquired about the existing parking lot and turnaround PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 1 area. He stated that these appear to encroach the Highway 13 right-of-way. Mr. Schell concurred and explained that this happened when MnDOT took 80 feet of Lloyd's property. Tilsen inquired if an easement had been documented. Mr. Schell responded not that he is aware of. Chair Dwyer opened the hearing to the audience. There was no one present to discuss this request. Chair Dwyer moved to close the public hearing. Commissioner Betlej seconded the motion. - AYES: 4 NAYS: 0 Commissioner Koll moved to recommend that the City Council grant a 2.72 front yard setback variance. Commissioner Betlej seconded the motion. - AYES: 4 NAYS: 0 HEARING: CASE NO. 97-34: ETTINGER - CONDITIONAL USE PERMIT Mr. and Mrs. Ronald Ettinger, of Children's Country Day School, located at 1588 South Victoria Road, were present to discuss their request for a Conditional Use Permit which would allow a 40' by 26' addition to an existing storage building and to replace the existing chicken coop. Chair Dwyer stated that the new addition will help create additional storage on the property. Mr. Ettinger concurred and stated that the existing buildings pre -date their ownership of the property which began in 1971. Commissioner Koll asked for square footage clarification. Mr. Ettinger informed the Commission that his letter of intent incorrectly stated, the total square footage. He explained that the size of the new addition will be 26' by 40' and that it will be added to an existing 22' by 24' building. Total square feet will be 1,568. Commissioner Koll inquired if the Ettinger's intend to place all of their equipment into this building. Mr. Ettinger stated that they intend to PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 2 consolidate their equipment from their St. Paul site as well as their Mendota Heights site. He further explained that the easterly 15 feet of the building will be used to house animals such as donkeys and llamas. The Commission inquired if this was an allowable use. Planner McMongial responded that the Zoning Ordinance allows this use because the property is over 4 acres in size. Mr. Ettinger stated that the new addition will give the property an architectural enhancement and create a more "homey" atmosphere. He stated that building will be used to obscure equipment stored to the north on the property. Commissioner Tilsen stated that he lives nearby the school and that he believes the school is a real benefit to the community. He stated that the Ettinger's have been very responsive to the neighborhood's concerns. Tilsen stated that he is concerned with future changes of ownership. He stated that he does not want to see these buildings used for something other than what they were originally intended for. Chair Dwyer reminded the Commission that the City's Zoning Ordinance dictates the use of a property. He stated that if the future use is consistent with the City's Zoning Ordinance, then there is no problem. But if the use is not consistent, the City should be able to enforce its Zoning regulations. Dwyer stated that he can appreciate Commissioner Tilsen's concern with a business getting larger than what the Zoning Ordinance allows. Mr. Ettinger stated that he does not foresee any changes occurring for at least 15 years. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Chair Dwyer moved to close the public hearing - Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 Commissioner Betlej moved to recommend that the City Council grant a Conditional Use Permit which would allow the replacement of the chicken coop and build a 26' by 40' addition to the existing storage building according to the drawings and site plan submitted. Commissioner Koll seconded the motion. AYES: 4 NAYS: 0 PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 3 HEARING: DRAFT CELLULAR/PCS ORDINANCE 4 Chair Dwyer explained that this public hearing had been scheduled to discuss a Draft Cellular/PCS Ordinance and that this draft Ordinance is the result of several viewings by the Planning Commission and the City Council, including two joint workshops. Administrative Assistant Hollister explained that the current moratorium on placement of Cellular/PCS antennae within the City of Mendota Heights expires on December 3, 1997. He explained that many opportunities have been provided for industry input on the draft ordinance, and several local Cellular/PCS service providers have responded with oral and written comments on the draft ordinance. Hollister explained that where the Commission and City Council have felt that proposed changes by the industry were appropriate have been incorporated into the draft ordinance. Industry Representatives present for the following discussion included Mr. Peter Coyle, representing Aerial Communications; Ms. Julie Townsend, representing US West Communications; and Ms. Marie Grimm, representing AT&T Wireless. Hollister reviewed the most common concerns expressed by the Cellular/PCS industry regarding the draft ordinance and the City's response to those concerns: 1. Height Limitations - The industry felt that the 75 foot height limit originally contained in Section 21.6(4)d was too short. The industry requested that the City raise the height limit to accommodate co - location and reduce the number of towers needed in the City, and that a 25 foot bonus be granted if the pole is designed to accommodate a second user. The current draft includes a 25' "co -location bonus". Mr. Coyle, representing Aerial Communications, stated that the industry views the proposed height limitations as being too restrictive. He stated that the industry would like to see a 75' height minimum as opposed to maximum. He stated that even with the "co -location bonus" the ordinance will be too prohibitive. 2. Setbacks. The industry felt that the requirement that antennas be 25' plus the height of the tower from the nearest lot line originally contained in 21.6(4)d was too strict. The Planning Commission and PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 4 the Council have responded by removing the 25' component and merely requiring the tower to be at least its own height from the nearest setback line. Mr. Coyle stated that the setback should be measured from specific structures on the property and not from the property line. He stated that the City ought to be protecting structures and that the proposed setback will make it harder to sufficiently use the property. Ms. Grimm -stated that the stability of the towers have been proven to be safe. -' 3. Prohibition in Residential Zones. Section 21.6(4)a currently prohibits free-standing antennae and antennae towers within R-1, R-1 A,. or R-2 zones. The industry felt that this is too restrictive; particularly in light of how much of the City falls within these zones (roughly 70 percent). Both US West and AT&T Wireless requested that a minimum institutional sites within these zones be granted an exception. After much discussion, the Planning Commission and the Council have opted to leave the prohibition as it is. Commissioner Tilsen commented that this section is not as prohibitive as one might think. He stated that there are provisions to waive these requirements, specifically, within Section 21.6(8)k of the proposed ordinance. Mr. Coyle stated that the current technology allows for significant residential use. He suggested that the City consider "institutional placement". He stated that allowing institutional placement, will give the industry more land to work with. Ms. Grimm stated that there is a cell site located at the Midway Stadium where the St. Paul Saints play baseball. Commissioner Tilsen stated that he believes the City is already allowing the opportunity. He stated that the industry is being required to use its "imagination". Commissioner Betlej stated that this gives plenty of opportunity for the industry to co -locate. 4. Non-interference. Sprint PCS objected to the requirement that the applicant submit a report from a qualified professional engineer guaranteeing non-interference along with a copy of the FCC approval of the antennae in regards to non-interference. The Planning Commission and the Council have again opted to let this requirement stand. PLANNING COMM/SS/ON - SEPTEMBER 23, 1997 - MINUTES 5 Mr. Coyle stated that this requirement is an expensive proposition and that the FCC assures non-interference. He stated that this is an extra and expensive step that is already regulated by the FCC. 5. Abandonment Bond. Sprint PCS objected to the requirement for submission of an "Abandonment Bond" to the City equal to 150 percent times the current cost of removal and disposal in Section 21.6(8)g. Sprint PCS claimed that this is a unique burden placed upon antennae, and no other structures. The Planning Commission and the Council have again opted to let this requirement stand. Mr. Coyle stated that they routinely handle these type of circumstances. Ms. Grimm noted Nuisance Legislation in effect which allows the City to assess the property for abandoned antennae removal. She stated that other cities are currently pursuing this type of abandonment clause. 6. Maps. The industry also objected to the requirement to submit maps showing all existing and proposed antennae of both the applicant and competitors within a five mile radius due to the proprietary nature and competitive sensitivity of such information (Section 21.6(8)i). The Planning Commission and the Council have reduced the radius to two miles, and limited the information to merely the applicant's own locations. All industry representatives noted that changes occur rapidly within the industry and that specifically pinpointing a location may change the next day. 7. Requiring a Conditional Use Permit for Building -Mounted Antennae. AT&T Wireless objected to this requirement and said that building - mounted antennae should be permitted use for up to 15' in height. The Planning Commission and the Council have again opted to let this requirement stand. The Commission clarified that a side mounted antennae would be allowed subject to approval of a Conditional Use Permit. Mr. Coyle urged the City to be more flexible. He noted his concern with variables the industry is unable to control such as landlords. Administrative Assistant Hollister clarified Council discussion'of the draft ordinance on August 19, 1997. He noted that the Council is of the opinion that it has been the intent of all involved thus far that the calculation of the height of free-standing antennae towers for height limitation purposes include PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 6 the antennae itself. In other words, if the height limit is 75', this means that the distance from the ground to the highest portion of the tower, antennae, or any other attachment thereto be no more than 75'. Hollister stated that staff has revised the draft ordinance with more explicit language to avoid any potential loopholes. Hollister discussed Council's concern with tightening the height restrictions. Hollister stated that the Mayor feels that the maximum height of any tower should be 75', regardless of co -location. He stated that the Mayor feels that reducing the height of towers is more important than reducing the number of towers, especially since Mendota Heights is a small City and the Mayor does not anticipate many towers in any event. Commissioner Betlej stated that with the nature of our City (highways bisecting the City) there will be more demand for cell towers. He stated that he does not agree that shorter towers are more important than fewer towers. The Commission acknowledged receipt of a letter submitted by Ms. Marie Grimm, of AT&T Wireless Services. Regarding Section 21.6(8)g. Abandonment Bond, Ms. Grimm reminded the Commission of the nuisance legislation at the statewide level (Minnesota Statutes Chapter 429) which has given additional strength for the cities and allows for special assessment in these cases. Ms. Grimm also noted AT&T's concerns for not allowing the use of mobile Cell/OCS sites or COWs (Cell Sites on Wheels). She noted that they would like to see the proposed ordinance allow for the "temporary" use of COWs. She stated that this was discussed at the July 22, 1997 workshop. She stated that AT&T's system must be operational to serve public safety needs for police and fire. She stated that they need the ability to obtain City approval for use of a COW, for a limited period of time and according to conditions. She informed the Commission that she has provided them with a draft ordinance from the City of Lino Lakes, which states terms and conditions for the use of Temporary Mobile Towers. Chair Dwyer opened the meeting to the public. There was no one present to discuss this case. PLANNING COMM/SS/ON - SEPTEMBER 23, 1997 - MINUTES 7 Chair Dwyer moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 Commissioner Betlej moved to recommend that the City Council amend the City's Zoning Ordinance by adding the Wireless Telecommunications Antennae, Free -Standing Antennae Towers and Accessory Structures Ordinance. Commissioner Tilsen seconded the motion. AYES: 4 NAYS: 0 HEARING: CASE NO. 97-35: JOHNSON- VARIANCE OHNSON=VARIANCE Mr. Thomas Johnson, of 739 Pontiac Place, was present to discuss his request for a variance which would allow the construction of a three season porch. Chair Dwyer briefly reviewed Mr. Johnson's request and noted that Mr. Johnson has demonstrated a hardship due to the unusual lot configuration. He stated that the neighbors concur with the proposal. Dwyer inquired about Mr. Johnson's westerly neighbors. Mr. Johnson stated that they were concerned if the new addition would restrict the flow of the wind to their yard. Regarding the exterior materials, Mr. Johnson stated that they intend to re- side the entire home next summer. The Commission discussed how the proposed addition will be an improvement to the property. It was noted how the City has been supportive in allowing residents within this neighborhood to reinvest in their homes. PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 8 Commissioner Koll moved to recommend that the City Council grant a 2.5 foot side yard variance which would allow the construction of a three season porch at 739 Pontiac Place conditioned upon the exterior building materials matching by October 7; 1998. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 HEARING: CASE NO. 97-36: BOARMAN KROOS PFISTER VOGEL - (DAKOTA BANK) - VARIANCES Mr. John Seidel, of Dakota Bank and Ms. Leah Kangas and Kim Simpson, Architects representing Boarman Kroos Pfister Vogel, were present to discuss variance requests which would allow the construction of a monument sign, and five directional signs. Mr. Seidel stated that he is a little confused as to why the location of the monument sign is being reviewed by the Commission. He stated that the City Council had approved this sign in February of 1997. Chair Dwyer asked for clarification. Administrative Assistant Hollister explained that Mr. Seidel had represented that the monument sign would conform to all required setbacks, as indicated on the original sign plans. He stated that the confusion focuses on the fact that the retaining walls extend into the setback. Chair Dwyer inquired if the retaining walls include lettering. Ms. Kangas explained that the sign and retaining wall conform with setback requirements but that the two concrete wings extend into the setback. Chair Dwyer -stated -that the sign is in compliance with City setback requirements and that the two concrete wing structures serve as a supporting structure. Commissioner Tilsen inquired about lighting and the placement of the lettering on the sign. Mr. Seidel responded that they did represent this information to the City Council in February. The Commission discussed the placement of the directional signs. It was noted that if the signs were placed according to the required setback, the results would hinder traffic and create a safety issue. Regarding the realignment of the frontage road and right-of-way ownership, Mr. Seidel stated that it is the intent of Dakota Bank to maintain that property. He stated that the City Council is aware of this issue. - PLANNING COMMISSION - SEPTEMBER 23, 1997 - MINUTES 9 Commissioner Tilsen noted his concerns for placing a traffic sign on City property that does not conform to MnDOT sign safety standards. Tilsen stated that there may be a higher speed potential in this area and that the City should enforce strict conformance to MnDOT standards. Mr. Seidel stated that this could become a condition should the City turnover right-of- way ownership to Dakota Bank. The applicants discussed the necessity of having a large ATM lobby/drive through sign. It was noted that SuperAmerica offers a service similar to the bank's and that it is a competitive force to Dakota Bank's customers. Chair Dwyer stated that if the sign were to be in compliance with the City's ordinance, it would be difficult to read. The Commission inquired about the amount of "allowed" sign square footage. Planner McMonigal explained that the ordinance makes a distinct comparison between signs on buildings and free standings signs. She stated that in this particular zoning district, quite a bit of sign square footage is allowed and that Dakota Bank is in compliance. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Chair Dwyer moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 4 NAYS: 0 Commissioner Betlej moved to recommend that the City Council approve the following sign variances for Dakota Bank making the directional signs exempt from permits: R=1 Two Stop Signs ATM Lobby Ordinance Section Section 21.5(a)b Section 21.5(a)b Variance 2 s.f. size variance 4 s.f. size variance Drive-through Entrance One Way Section 21.5(a)b 0.6 s.f. size variance Chair Dwyer seconded the motion. PLANNING COMM/SS/ON - SEPTEMBER 23, 1997 - MINUTES 10 AYES: 4 NAYS: 0 ACCEPT INVITATION FROM THE COUNCIL TO ATTEND AN INITIAL WORKSHOP TO DISCUSS THE REVISED COMPREHENSIVE PLAN The Commission acknowledged receipt of a memo from Administrative Assistant Hollister regarding Council's invitation to the Planning Commission to attend an October 14, 1997 workshop to discuss the Comprehensive Plan revision process. Chair Dwyer informed staff that he would not be able to attend the workshop. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 9:26 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary PLANNING COMM/SS/ON - SEPTEMBER 23, 1997 - MINUTES 11 Page No. 2 G- September 30, 1997 ©911- Councilmember Krebsbach - hereby the City would contribute 1% of the costs- toward a street overlay project (option 3 mill ", ` S and overlay). 0 V �.� S o �- g.�� One resident expressed a concern for proceeding with any project that would not include surface water management improvements. Councilmember Smith stated that, based upon her tour of the neighborhood, she had concluded that it would be appropriate for the City to allow streets of varying width. Mayor Mertensotto asked for a show of hands from those households present to indicate who supported a project with curb and gutter, 80% of those present indicated that they were for a curb and gutter project. The possibility of completing a second mail -in survey was discussed but rejected. Mayor Mertensotto described the Minnesota Statute 429 hearing process. Councilmember Koch stated that she was unsure whether or not she could support Councilmembers Krebsbach's proposal for the City to subsidize an overlay project. It was announced that the public hearing to formally consider this project would be held at the October 21, 1997 City Council meeting. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 TIME OF ADJOURNMENT 9:25 o'clock P.M. Nays: 0 James E. Danielson, Public Works Director ATTEST: Charles E. Mertensotto, Mayor Page No. 1 September 30, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Special Meeting Held on Tuesday, September 30,1997 Pursuant to due call and notice thereof, the special meeting of the City Council of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota for the sole purpose of conducting a workshop with interested property owners from the Bunker Hills neighborhood to consider reconstructing their streets. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. There were 35 residents, two reporters and three staff members present. BUNKER HILLS Mayor Mertentsotto opened the workshop by giving an overview STREET of the project and answering some general questions from the RECONSTRUCTION audience. WORKSHOP Civil Engineer, Marc Mogan introduced the project by showing a video of the streets. He reviewed areas where City's street standard width were proposed to be reduced to 25 feet to preserve trees, vegetation and to accommodate steep slopes. He also reviewed a proposal to reconstruct Valley Curve between Hilltop Road and Willow Lane as a trail. Valley Curve has no homes fronting on it and would be costly to continue to maintain as a street. One homeowner on Hilltop Court objected, stating that she used the street for parking, another vacant lot owner, objected stating that the road is used as much as any other in the area. Marc then reviewed a proposal to shift Wachtler Avenue's alignment and reduce its width in order to preserve a large oak tree. Mrs. Schuster the resident most affected by the shift expressed concern. The option of removing the tree to allow realigning the street was discussed. Marc discussed the desirability of reducing the size of the Hilltop Court cul-de-sac. Hilltop Court is significantly larger than standard cul-de-sacs and extends right to the edge of the right-of-way line. One resident who lives on the cul-de-sac opposed its reduction. Mayor Mertensotto asked for a show of hands from the audience to determine the number of households represented at the workshop. There were 25 households out of a neighborhood total of 74 represented. MEMO Date: 9-29-97 TO: Mayor, City Council, and City Administrator FROM: Paul R. Berg, Code Enforcement Officer V. SUBJECT: Building Activity Report for September 1997 CURRENT MONTH BUILDING PERMITS: No. Valuation Fee Collected SFD 1 173,882.00 1,482.53 APT 0 0 0 TOWNHOUSE 0 0 0 CONDO 0 0 0 MISC. 44 295,845.00 5,085.94 C/I 17 2,893,575.00 16,404.01 ------------------------------------------- Sub --- ------------------------------------Sub Total 62 3,363,302.00 22,972.48 'RADE ERMITS: YEAR TO DATE YEAR TO DATE 96 No. Valuation Fee Collected No. Valuation Fee Collected 19 3,166,858.00 27,381.66 12 2,486,487.00 20,123.42 0 0 0 1 4,987,281.00 18,998.93 4 484,606.00 4,703.34 6 716,278.00 6,868.14 0 0 0 0 0 0 297 2,670,529.00 41,334.89 297 3,028,519.00 44,507.60 102 14,957,302.00 88,297.31 64 17,597,187.00 81,931.91 -----------------------------------+------------------------------------ 19,041.00 1 297 34,516.00 422 21,279,295.00 161,717.20 1 380 28,815,752.00 172,430.00 Plumbing 12 806.00 89 5,044.00 76 8,806.00 Water 4 20.00 37 185.00 25 125.00 Sewer 2 35.00 31 542.50 26 529.50 Heat, AC, & Gas 26 1,398.00 165 13,269.50 170 25,055.50 -------------------------------------------+------------------------------------+------------------------------------ Sub Total 44 2,259.00 1 322 19,041.00 1 297 34,516.00 Licensing: Contractor's Licenses 17 425.00 1 375 9,375.00 1 358 8,950.00 -------------------------------------------+------------------------------------+------------------------------------ Total 123 3,363,302.00 25,656.48 11119 21,279,295.00 190,133.20 11035 28,815.752.00 215,896.00 NOTE: All fee amounts exclude Sac, Wac, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. CITY OF MENDOTA HEIGHTS MEMO October 3, 1997 TO: Mayor, City Council and City Adnator FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Squad Car Replacement .. DISCUSSION Due to an accident, the Police Department has to replace one of the squad cars. According to the attached memo from Chief Delmont, he is able to find a new replacement car at a cost of $19,214. Our insurance will cover about $4,000 of the cost, and $10,000 will come from our Insurance Reserve which covers the policy deductible. The balance of about $5,000 will be charged against the 1997 Capital Outlay Budget. i ACTION REQUIRED Motion to authorize purchase of squad car for $19,214 from Airlake Ford. LES:kkb Mendota Heights Police Department MEMORANDUM TO: Kevin Batchelder City Administrator Larry Shaughnessy Treasurer FROM: Dennis Delmont Chief of Police Subj: Replacing Squad Car As you are both aware, we recently lost a marked police squad as a result of an accident incurred during the chase of a stolen vehicle. The squad car's frame is damaged to the point where our insurance company and the body shop agreed that it could not be repaired to a degree it could be put back into police service. As a result, we end up without a squad car and with a $4,000 check from the salvage company. Police squad cars are only manufactured once a year by Ford and they are manufactured as ordered. As a result, -they are extremely hard to fine. We have located a car that matches the State bid specifications in the state of Georgia. It is a 1996 Crown Victoria, brand new. It would carry the same equipment we use and the same warranty as though it were a brand new car. Airlake Ford in Lakeville can get this car for us at a cost of $19,214 plus any tax and licensing fees. We typically do not pay the sales tax on police cars, so it appears that the $19,214 would be the final price for us. The State of Minnesota has released the 1998 bids for police cars which will be available for delivery some time after January 1st. That price is approximately $20,300 per car. I am requesting that you advise me whether or not we have money available to make this emergency purchase, and that you let me know as soon as you possibly can. This 1996 Ford is one of only two we have been able to find in the entire country, and it will not last long if we do not authorize Airlake to purchase it for us. CITY OF MENDOTA HEIGHTS September 30, 1997 TO: Mayor, City Council and City Administrator FROM: Guy Kullander, Building Manager .Id� SUBJECT: Landscape Improvements at City Hall The west end of the City Hall Building drops twelve feet from the Administration level to the Police Department where storm water runoff has eroded the rock mulch used to "finish" this area. Corrective actions have been tried over the past several years, but the erosion now is threatening to undermine the concrete slabs that support two air conditioning compressors. I would like to engage the services of a landscape architect to prepare an appropriate design concept that will correct the existing damage and prevent any future problems. One possible solution may be small retaining walls in a step or terrace concept to eliminate the steep slope. i Contact with a landscape design firm has resulted in an estimate of $500 to $1,000 for the preparation of a plan and specifications suitable for bidding. The final plan and construction budget would be presented to Council for final review before advertising for bids. I recommend that City Council authorize me to engage the services of a landscape architect to design a plan for the west end of City Hall to correct erosion caused by storm runoff, and the preparation of the plan and bid specifications shall not exceed $1,000. Funding for the preparation of plans and any authorized construction would be from the City Hall Contingency Fund. If City Council concurs with the recommendation they should approve the use of a landscape architect to design a plan for the west end of City Hall and authorize an expenditure not to exceed $1,000 from the City Hall Contingency Fund. CITY OF MENDOTA HEIGHTS (UT ON 11 October 1, 1997 -� t TO: Mayor, City Council, and City Admi �fr'd r FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: 1997 Funding Application for Community Landfill Abatement Program Introduction It is once again time to submit the annual Funding Application for Mendota Heights' Recycling Program to Dakota County Environmental Management. Staff has already submitted the attached funding application for 1998 in time for the October 1, 1997 due date. Dakota County now awaits adoption of the attached Resolution by the City Council in order to make the application official and enable it to proceed to the County Board for approval. Dakota County Landfill Abatement funding is available to communities on a performance basis and in accordance with Dakota County's Maximum Reimbursement Schedule. We are requesting the maximum funding amount available to the City of Mendota Heights in 1998. The amount we are allocated is $11,387. Similar to last year Innovation Fund grants are not included in the Base Funding amount, but can be applied for separately. The 1998 amount is based on a funding formula of $1.60 per household, based on 1996 estimates, with a $5,000 base amount for each community. The Metropolitan Council's 1996 household estimate for Mendota Heights is 3,992 households. There will be no carryover of 1997 funds. This year represents the tenth year of the Community Landfill Abatement Program in Dakota County. Although there are some additional requirements that will need to be met in 1998, this is still the same performance based funding program as in past years. Dakota County still assumes the major responsibilities for the administration of the recycling program including the responsibilities of reimbursing garbage haulers for recycling services, conducting promotional and educational campaigns and coordinating commercial/industrial recycling. The County will continue to fund administrative costs for salaries and mileage, and promotional costs for the printing and distribution of one required city-wide brochure. The work plan goals that we have outlined reflect the requirements of the 1998 performance goals, including community presentations (7 minimum), continuation of in- house waste reduction/procurement policies, attendance at a waste reduction seminar for commercial/industrial recycling, and provision of a written update on waste reduction efforts. Other work plan goals include the annual Spring Clean -Up event, participation in the Dakota County Public Education Team (PET), attendance at monthly local solid waste group meetings, a community wide brochure, a compost ordinance, and general promotion and education activities for recycling and waste reduction. Our focus in 1998 will continue to emphasize increased recycling activities for both businesses and residences through promotion and educational activities. The program will continue to include curbside recycling, multi -family recycling and the City Hall, Fire Hall, and Public Works Garage in-house programs. The City of Mendota Heights also promotes County drop-off facilities such as the Household Hazardous Waste Drop Off Facility at Gopher Smelting in Eagan (now referred to as the Eco -site) and the Empire/SMC Compost yard waste drop off facility, also in Eagan. The majority of the recycling budget is administrative costs for salaries and mileage to pay for the Administrative Assistant's time in recycling activities. Other expenditures are printing, postage and the annual clean-up event. The funding application Staff is proposing will cover the maintenance and monitoring of our on-going recycling program and will allow us to meet the County's increased requirements and waste abatement goals. The Environmental Management Staff of Dakota County have also asked the City to submit our recycling bin request at this time. We are requesting 200 additional bins for next year. i Action Required Review the proposed 1998 County Landfill Abatement Funding Application and, if Council so desires, pass a motion approving Resolution No. 96--, A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT PROGRAM. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97- A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT PROGRAM WHEREAS, the Minnesota State Legislature has mandated that communities in the metropolitan area implement recycling programs in order to reduce the volume of waste being taken for burial in landfills; and WHEREAS, Dakota County has adopted a solid waste master plan which sets goals and targets for the accomplishment of solid waste recycling in each community in the County; and WHEREAS, Dakota County provides the local communities with grant funding for implementation and maintenance of local community recycling programs; and WHEREAS, The City of Mendota Heights has participated faithfully and successfully in the Community Landfill Abatement Program in 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996, and 1997 and will continue to participate in 1998. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the City Council does hereby transmit the attached 1998 funding application, seeking funds in the amount of $11,387 for solid waste abatement in 1998, along with the request for 200 additional containers in Attachment B. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. ATTEST: CITY COUNCIL CITY OF MENDOTA HEIGHTS Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor City of 'At A MAA A Aj Mendota Heights September 24, 1997 Michael Trdan Environmental Management Department Dakota County Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124-8579 Dear Mr. Trdan: Please accept the attached application for the 1997 Landfill Abatement Grant. The attached Resolution authorizing application of the grant is on the consent calendar for the October 7, 1997 meeting of the City Council. The City of Mendota Heights is requesting.. the full amount available this year, $11,387. Also attached is our request for 200 bins. Although we have opted not to apply for Innovation funding at this time, we do intend to apply for Innovation funding some time early next year. Feel free to call me if you have any questions. The City of Mendota Heights looks forw,ard to continuing cooperation with Dakota County Environmental Management in 1998. Sincerely, Patrick C. Hollister Administrative Assistant 1101 Victoria Curve -Mendota Heights, MN -55118 452.1850 City Township: Address: ATTACHMENT A 1998 COMMUNITY LANDFILL ABATEMENT BASE FUND APPLICATION Mendota Heights 1101 Victoria Curve Contact: Patrick C. Hollister Date Submitted: Program Period: 111198 to 12/31/98 Phone Number (612)452-1850 Attach a copy of the Official Resolution/Proceedings (an official action from the governing body requesting the funding allocation or a certified copy of the official proceedings). 1. Program Description A. Overview - Please provide a brief overview summary of expected 1998 abatement activities. Please see Appendix I B. �Single Family Program - List number of households served, frequency of collection, and materials collected (if other than those listed as part of the Target Community Program). Estimate number of curbside tons collected from single family households. Estimated 3,128 units. Collected weekly. Materials: Newspaper, mixed paper, food cans, beverage cans, glass, plastics, used oil, magazines, corrugated cardboard. Expected Tons Collected: 1,095 C. Multi -Family Recycling Program - List number of units served, total number of buildings served, frequency of collection/collection methods, and materials collected. Estimate number of curbside tons collected from multi- family households. Estimated 867 units, 70 buildings (only 3 apartment buildings) Collected weekly. Materials: Newspaper, mixed paper, food cans, beverage cans, glass, plastics, 0 used oil, magazines, corrugated cardboard. Expected Tons Collected: 274 D. Multi -Family 1998 Focus - Describe your community's planned activities to improve multi -family recycling opportunities in 1998. Please be specific. At least one community presentation will be to either a tenants' or homeowners' association, or to a group of officials representing various multi -family developments in Mendota Heights. 0 Id E. Droo offs - List the operators, addresses, days/hours of operation, and materials collected for drop off centers located in community. Estimate expected abatement tons from drop offs. Goodwill Easter Seal 1425 South Robert Street Monday—Friday — 8:00 a.m. to 8:00 p.m. Saturday — 9:00 a.m. to 5:00 p.m. Materials Collected: Clothing and household items Expected Abatement from Drop—Offs: 10.6 tons F. Public Education - Describe your communities public education/promotional activities that will be undertaken in 1998. Communities must have a minimum of one written communications must be sent to each household (including units in multi -family buildings) in 1998 and communities over 5,000 population must make a minimum of 7 presentations in 1998. Indicate in Section II (Work Plan) when you will participate in the Public Education Team. In the spring: City—wide brochure announcing community clean—up day, describing residential recycling program, listing drop—off opportunities and promoting waste reduction techniques. One page of every newsletter, published quarterly, will be devoted to recycling. G. In-house program - Describe your community's in-house recycling program and reduction program. City Halt has a desk top paper recycling program with 100 percent participation by employees. City Hall also recycles aluminum cans, metal cans, newspaper, glass and magazines as do all other municipal buildings. Beverage can recycling is available in all city parks. Waste reduction, recycling policy adopted by the City Council in 1994. Employee committee designed and implemented strategies including procurement of recycling paper, waste reduction techniques and reuse practices. H. Waste collection service requirement - Describe anticipated efforts to promote implementation of policies that require all residences have waste collection service. Mendota Heights has already passed an Ordinance mandating waste collection services for all residents. Enforcement is primarily by complaint. A City newsletter in 1997 will inform residents of the Ordinance. 8 if. Work Plan Provide a work plan for 1998 that lists the specific development objectives to be met by the following dates: o July 15 Three community presentations. Annual community clean-up. o December 31 PET participation A minimum of four community presentations One community -wide brochure with recycling insert Maintain promotion of paper fiber recycling Continue employee committee to monitor and enhance in-house waste reduction, recycling policy Attend local solid waste staff group meetings Attend commercial waste management seminar Written update on waste reduction efforts as part of annual report Consider compost ordinance III. Evaluation Method Describe the evaluation method to be used in 1998 to measure the effectiveness of your community's landfill abatement program. There are plans at this time to either: 1. Survey Mendota Heights residents through a "tear -out sheet" in a City publication, or; 2. Participate in a joint effort wtih all other cities in Dakota County to issue a standardized survey throughout the County. IV. Budoet - Base Fund ' Communities must list program contributions in this column. Unexpended 1998 Base Fund amounts may not be carried over to 1999. Base Fund Request may not exceed that amount shown on page 2. 10 January 1, 1998 to December 31, 1998 County Community Share Share' TOTAL Administrative Costs: Direct Salaries 6,167 3,500 9,667 Direct Mileage 200 200 Direct Membership/Training & Subscriptions 20 20 Consultant Services and/or Temporary Help Software Other (List & Describe) Promotional Education: Printing Costs 4,100 4.100 Distribution Costs 900 900 Advertisements Videos/Billboards Promotional Items a Special Events (Displays, Performance fees, Etc.) Other (List & Describe) r .Soo 1,500 TOTAL $ 11,387 5,000 16,387 Amount of Base Fund Requested from County"': 11, 387 5 ' Communities must list program contributions in this column. Unexpended 1998 Base Fund amounts may not be carried over to 1999. Base Fund Request may not exceed that amount shown on page 2. 10 APPENDIX 1 Expected 1998 Abatement Activities • Promote increased recycling efforts in existing curbside recycling program and multi- family program through promotional and education activities. • Assist funding a full-time staff person, 25 percent of whose time will be devoted to recycling and solid waste abatement activity. • Promote waste reduction efforts in residential, commercial, and industrial solid waste abatement programs. ip • Promotional and educational activities to enhance paper fiber recycling. • Continue in-house City Hall, Fire Hall and Public Works Garage recycling of office paper, newspaper, magazines and aluminum cans. • Coordinate commercial/industrial recycling with Dakota County to provide technical and educational liaison assistance to businesses. • Participate in Dakota County's Public Education Team (PET). i • Host our Fourth Annual Community Clean Up Day. • Continue in-house waste reduction efforts that support City approved waste reduction/recycling policy. • Participate in local solid waste staff group meetings and workshops. ATTACHMENT B 1998 COMMUNITY LANDFILL ABATEMENT CONTAINER FUND APPLICATION City ownship: Mendota Heights Date Submitted: Address: 1101 Victoria Curve Program Period: 1/1/98 to 12/31/98 Mendota Heights, MN 55118 Contact Person: Patrick C. Hollister Phone: 452-1850 Approval of City Administrator or Manager 1. Methodology - Please provide a brief overview of how the number of requested containers was derived. Mendota Heights is almost fully developed, and thus the City does not anticipate a significant increase in the number of residences next year. 2. Number of containers required in 1998 - Indicate type (single family curbside or multi -family apartment) and quantity of each type of container requested. 200 additional single family 3. Delivery Location — Which address should the containers be delivered? City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 4. Distribution Method — Indicate the distribution method for the containers. Note: Multi -family apartment containers are provided only upon agreement between building owners or managers and the City. Communities will distribute multi -family apartment containers in coordination with informational meetings for residents. Dispensed to residents upon request. 5. Delivery Date(s) — Indicate when containers should be delivered (choose either the County scheduled January or June delivery dates, or both dates). January Delivery Date June Delivery Date XXX 11 CITY OF MENDOTA HEIGHTS October 3, 1997 i �� TO: Mayor, City Council and City Admims or FROM: James E. Danielson, Public Works Direcroiv."-- SUBJECT: St. Paul Water Utility's 1998 Rate Increase Attached is a copy of St. Paul Water Utility's proposed 1998 water rate increases. The proposed increase is a 30 increase per 100 cubic feet. This amounts to less than a 2% increase. None. For Council information. BOARD OF NVATER COMMISSIONERS Michael Harris. President Stephen Haselmann, l'7c•e Presiders Michael Arcand, Commissioner Joseph Collins. Commissioner Gladys Morton. Commissioner September 10, 1997 The Honorable Charles Mertensotto Mayor - City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Dear Mayor Mertensotto: 1 The Board of Water Commissioners has adopted Resolution No. 4526 (copy enclosed) regarding 1998 water rates. This is the Board's recommendation to the Saint Paul City Council regarding water rates. Final adoption of the rates is the responsibility of the Saint Paul City Council. The rate increase will be before the Saint Paul City Council on Wednesday, November 12, 1997. City Council public hearings begin at 4:30 p.m. and are held in the City Council Chambers, 3rd Floor - City Hall/Courthouse (15 West Kellogg Boulevard). If you have any questions, please call me at 266-6274. Sincerely, OAF z YAM, I j a ��, , 0 F,- a me., � �1 Bernie R. Bullert General Manager Enclosure copy: Kevin Batchelder City Administrator Sawed pu ul )T;aler 111i.ftv Commerce Buildim_. 3 -th Street East. St. Paul. N1\ 101-1007 Tel. (612) 266-62 Fax 1612) 292-7,811 T Y: 612) 266-6299 Bernie R. Bullert. General Nlanager Roger A. Mohror, Central Services Manager James N1. Graupmann, Dis.ribudon 1larager James L. Haugen, Production ,Wanager The Saint Paul Water L tiiin.• Prov:des quaiay water service to the j'oliow ing cities. Arden HiilsaFalcon HeightSALauderdaleALittle Canadaaliapiewooda.11endotasSiendot a HeightsaRosevilleASaint Paula West St. Paul A.LLETTERS\W ATRATENEH printed on recrc:ed aeoer CITY OF ST. PAUL OFFICE OF THE BOARD OF WATER COMMISSIONERS RESOLUTION — GENERAL FORM No 4526 PRESENTED BY COMMISSIONER DATE. WHEREAS, After due consideration and study of the financial condition of the Water Utility, projected future expenses and approval of the 1998 Budget, the Board of Water Commissioners and the City Council have determined that the present rate structure is inadequate to continue operations without an adjustment; and WHEREAS, The Board and City Council recommend that the residential water billing cycle continue on a quarterly cycle. and that Board staff continue the level monthly or quarterly payment and direct pay option plans available on a voluntary basis for consumers; now, therefore, be it RESOLVED, That pursuant to Section 85.01 of the Saint Paul Legislative Code the City Council hereby approves the following Schedule of Water Rates for all water bills levied on or after January 1, 1998. 1998 WATER RATES Inside Citv For first 100,000 cu. ft. per month Winter* $131 per 100 cu. ft. Summer* * 1.41 " " " All over 100,000 cu. ft. per month All Year $1.19 per 100 cu. ft. F1 Water Commissioners Outside City $1.57 per 100 cu. ft. 1.69 " " " $1.43 per 100 cu. ft. Yeas Nays Adopted by the Board of Water- Commissioners In favor _ Opposed 19 SECY. CITY OF ST. PAUL OFFICE OF THE BOARD OF WATER COMMISSIONERS RESOLUTION — GENERAL FORM No 4526 PRESENTED BY COMMISSIONER DATE - FOR ACCOUNTS HAVING 1 -INCH AND SMALLER METERS *Winter rates shall apply to bills sent during January through May, and December. **Summer rates shall apply to bills sent during June through November. FOR ACCOUNTS HAVING 1 1/2 -INCH AND LARGER METERS AND ROSEVILLE, LITTLE CANADA AND MASTER METER ACCOUNTS *Winter rates shall apply to bills sent during January through April. November and December. **Summer rates shall apply to bills sent during May through October. MINIMUM CHARGES: FOR ACCOUNTS HAVING 1 -INCH AND SMALLER METERS Minimum charges shall be based upon consumption of 300 cubic feet per quarter for those on quarterly billing. Minimum charges shall be based upon consumption of 100 cubic feet per month for those on monthly billing. FOR ACCOUNTS HAVING 1 1/2 -INCH AND LARGER METERS Minimum charges shall be based upon consumption of 300 cubic feet per month. Water Commissioners Yeas Nays Adopted by the Board of Water Commissioners 19— In 9— In favor _ Opposed SECY. CITY OF ST. PAUL OFFICE OF THE BOARD OF WATER COMMISSIONERS RESOLUTION — GENERAL FORM No 4526 PRESENTED BYMorton September 8,.1997 COMMISSIONER DATE - LATE CHARGES: The imposition of late payment charges, as set forth below, to be imposed upon water and sewer service charges which are not paid within thirty (30) days of the billing date: as authorized in City Council Resolution No. 94-1304. CUSTOMER CLASSIFICATION AMOUNT OF DELINQUENCY LATE CHARGE* RESIDENTIAL 0-$2,000 5% per annum** RESIDENTIAL $2,001 - $50,000 I 5100 + 0.83% RESIDENTIAL $50,001+ $500*** COMMERCIAL 0-$2,000 5% per annum*** COMMERCIAL $2,001 - $50,000 S 100 + 0.831% COMMERCIAL $50,001+ $500 *Exceptions: Late charge shall not apply to interdepartmental City of Saint Paul sewer and water billings. Late charge shall not apply to previous residential owner billings, such as special bills, in accordance with established guidelines. **Exception: 5% late charge of up to $50 shall not be collected on a residential account for a one-time delinquency occurrence for each account, in accordance with established guidelines. ***Exception: 5% late charge of up to $100 shall not be collected on a commercial account for a one-time delinquency occurrence for each account, in Water Commissioners ccordance with established guidelines. Yeas Adopted by the Board of Water Commissioners Arcand Nays Collins September 8, _1927 Morton Vice President Haselmann President Harris In savor 5 _ Opposes O F5n � / _1-y _ _ , 1' / October 2, 1997 To: Mayor and City Council From: Kevin Batchelder, City A - Ui r Subject: Cable Communications Franchise Renewal This memo is to forward to the City Council correspondence received from Mr. Fran Zeuli, General Manager of Continental Cablevision, announcing that they are commencing the process of franchise renewal. (Please see attached September 22, 1997 letter.) Continental Cablevision is formally requesting that the City, and the Northern Dakota County Community Cablevision Commission (NDC4), commence renewal proceedings. This letter serves to fulfill Continental Cablevision's requirements to notify the Commission and its member cities. Continental Cablevision is also announcing that they are open to discussing franchise renewal procedures with the Commission and/or cities. The City Council met with Jodie Miller, Executive Director of NDC4 and Mike Sokol, NDC4 citizen representative, in June to discuss franchise renewal. (Please refer to attached copy of the June 3, 1997 City Council minutes.) Acknowledge the notice from Continental Cablevision regarding the commencement of the franchise renewal process and direct staff to request a response from NDC4 about the establishment of renewal proceedings. 1991 ' SeopC..t�..,t� .n.,1) 1 pn� 111 e . , 1 i• Mayor Charles Mertensotto City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118-4167 Re: Cable Communications Franchise Renewal/47 U S.C. Section 546 Notice Dear Mayor Mertensotto: Our current City of Mendota Heights Cable Communications Franchise Ordinance (Ordinance No. 211) ("Ordinance") expires March 28, 2000. By this letter, and a copy to the Northern Dakota County Cable Communications Commission ("Commission"), we are commencing the process of franchise renewal on behalf of Continental Cablevision of St. Paul, Inc. (the "Grantee") and any authorized successors. While the Ordinance contemplates that the Commission may undertake much of the franchise renewal process, the City granted the franchise by Ordinance and will ultimately determine franchise renewal. As you may be aware, the Communications Act of 1934, as amended, (the "Act") at 47 U.S.C. Section 546 contains provisions which detail a procedure for the renewal of cable communications franchises. In order to meet the requirements of the Act, and preserve all rights thereunder, Continental Cablevision of St. Paul, Inc. is formally requesting that the City and, as appropriate, the Commission, commence renewal proceedings in accordance with the requirements of the Act. We understand that this letter will also meet any application or notice requirements under Section 14.03 of the Ordinance and, by photocopy, will serve as notice to the Commission. While this letter may be necessary to fully preserve all of Grantee's procedural and substantive rights under the Act, it is understood that Section 546 (h) of the Act also provides for and authorizes, upon mutual agreement, the establishment of renewal procedures which may vary from those expressly set forth in Sections 546 (a -g) of the Act. Such mutually agreed upon procedures may Mayor Charles Mertensotto September 22, 1997 Page 2 sometimes be referred to as the "informal' renewal process. We look forward to a mutually acceptable franchise renewal process and are open to discussing such alternative procedures with the City and/or Commission. We would like to take this opportunity to once again express our appreciation for your continuing commitment to effective communication and dialogue regarding cable television issues in Northern Dakota County. We look forward to continuing that dialogue with respect to franchise renewal. Sincerely, CONTINENTAL CABLEVISION Fran ul' Manager cc: City Clerk Mr. George Tourville, Chair, Northern Dakota County Cable Communications Commission via certified mail 'Ms. Jody Miller, Executive Director, Northern Dakota County Cable Communications Commission Brian T. Grogan, Esq. Mr. Randall Coleman Ms. Kathi Donnelly Cohen John F. Gibbs, Esq. Page No. 10 June 3, 1997 Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CABLE UPDATE Council acknowledged a letter from NDC -4 and an overview of NDC -4 Joint Powers Agreement discussion. Executive Director Jodie Miller and Mendota Heights NDC -4 Citizen Representative Mike Sokol were present for the discussion. Ms. Miller gave a history of NDC -4 and information on the services it provides. She stated that right now the commission feels it is important to discuss with member cities the alternatives for the future. She then reviewed options. Mayor Mertensotto stated that currently no city can withdraw during the existing franchise before the year 2000, and thereafter cities must give six months notice before withdrawing. Mr. Sokol stated that under federal law, NDC -4 has a three year period of time during which a cable company can approach the commission regarding franchise renewal. He explained that the commission needs to know if the seven cities intend to stay in the group. He informed Council that in the next few months the franchise will be transferred to a new owner, and renewal of the franchise and the transfer are two separate issues. He stated that the commission will need to gt some kind of indication from the cities a on whether they would prefer to stay in this type of arrangement. Mayor Mertensotto responded that it was very difficult to amend the franchise agreement. He asked what would happen if one of the larger cities pulls out and takes the majority of the customers with it. He stated that there is an agreement in force right now and he thinks the commission has to make the assumption that if all things are equal, those cities will continue, but he did not know how the commission could get a formal commitment from the cities. Mr. Sokol stated that he needs to find out if Council is satisfied with what has occurred and that Council would like NDC -4 to continue. He stated that if the commission fmds out that a major city is not going to stay with the group, then it will have the ability to contact another city to join. Mayor Mertensotto responded that all the cities would have to be informed if one of the major cities were to indicate withdrawal, but Page No. 11 June 3, 1997 for now the commission has to negotiate with the assumption that all seven cities will continue. Mr. Sokol stated that he needs to know that he has an understanding that Mendota Heights feels that what has gone on in the past has been satisfactory and that if that continues Mendota Heights will remain — whether Council is satisfied with the arrangement of the past and satisfied with the way things have progressed. Councilmember Krebsbach stated that she thinks that everything has worked well, but there are people who want programming they cannot access. Ms. Miller responded that NDC4 has continued to grow in the number of programs it is preparing and providing. Councilmember Huber stated that what the NDC -4 representatives need from Council is: an indication of whether Council is happy with what has been going on with NDC -4; feedback on whether Council is thinking about staying in the group; and, whether there are changes Council would like to see. Ms. Miller informed Council that the cable operator must cover all of the costs of transfer of ownership of the cable system. Councilmember Krebsbach asked that the commission make sure ti that the system remains state of the art. Ms. Miller informed Council on new equipment which will be delivered to the -city soon. FIRE STATION SITE Council acknowledged a memo from Public Works Director Danielson regarding concerns over the old fire station site. Mrs. Laurita Weinzettel and Mr. Cliff Kirchner were present for the discussion. Mayor Mertensotto asked Mr. Kirchner if he had arrived at an agreement with staff on what can be done. Mr. Kirchner responded that he spoke to Mr. Danielson last week and indicated that he would like to keep the bottom for a turn around (so that his tenant can maneuver his trucks) and just have the side fenced. CITY OF MENDOTA HEIGHTS MEMO October 2, 1997 TO: Mayor, City Council and City Admi otor FROM: Kimberlee K. Blaeser, Senior Secretio SUBJECT: Annual Halloween Bonfire DISCUSSION The City's Annual Halloween Bonfire is once again proposed to be held on the evening of October 31 in its normal location behind the Mendota Plaza Shopping Center (please see attached plan). As Council may remember, Mr. Russ Wahl and his family have retired from coordinating the Annual Halloween Bonfire. Once again, Assistant Chief Jim Kilburg and other members of the Mendota Heights Fire Department have graciously volunteered to carry on this annual tradition. As done in years past, Assistant Chief Jim Kilburg is requesting that the City authorize him to spend approximately $500 for the hot dogs and refreshments that will be handed out by him, members of the Fire Department and other volunteers. RECOMMENDATION I recommend that the City authorize Assistant Chief Jim Kilburg to spend approximately $500 for purchasing hot dogs and refreshments for the City's Annual Halloween Bonfire Event. ACTION REQUIRED If Council desires to implement the above recommendation, they should pass a motion authorizing Assistant Chief Kilburg to spend approximately $500 for hot dogs and refreshments for this year's bonfire event. CITY OF MENDOTA HEIGHTS MEMO October 1, 1997 TO: Mayor and City Council FROM: Jim Kilburg, Assistant Fire Chief SUBJECT: Annual Halloween Bonfire DISCUSSION The Halloween Bonfire is a tradition that goes back many years and is something our community looks forward to every year. As Council may remember, Mr. Russ Wahl and his family have "retired" from their involvement and participation in the City's Annual Bonfire. Once again, myself and members of the Mendota Heights Fire Department wish to provide our community with the same service that Mr. Wahl and his family have done so graciously over the years. In keeping with the traditions, I am requesting that up to $500 be set aside for the purchase of hot dogs and refreshments for this event. There will be volunteers cooking as well as handing out the food and refreshments at the bonfire. OCT -02-1997 15:26 PASTER ENTERPRISES CENTRAL PLAZA 45th cit Central Ave. N.E. Minneapolis, Minnesota 612 646 1389 P.02i02 • DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS 2227 University Ave. • S[. Paul. MN 55114-1677 - 612-646-7901 •Fax 612-616-1389 October 2, 1997 Kimberlee Blaeser City of Mendota Heights CRYSTAL SHOPPING CENTER 1101 Victoria Curve Bass Lake Road & West Broadway Crystal, Minnesota Mendota Heights, MN 55118 - Dear Kimberlee: DODDWAY SHOPPING CENTER would like to extend to you Best Wishes for a Safe and Happy Smith & Dodd Road Halloween Night! g West St. Paul, Minnesota I am in receipt of your request for use of the land at Mendota SIBLEY PLAZA Plaza Shopping Center for the cities annual Halloween MOUNDSVIEW SQUARE Bonfire. Paster Enterprises and the merchants of Mendota LEXINGTON PLAZA SHOPPES Plaza would like to welcome the City to use the land for this Lexington & Larpenteur Roseville, Minnesota festive event It is our pleasure to provide a place for the community to enjoy a night of Family fun. - I look forward to the arrival of the insurance certificate, and MENDOTA PLAZA would like to extend to you Best Wishes for a Safe and Happy State Hwy. 110 & Dodd Road Mendota Heights. Minnesota Halloween Night! g 4 If you are in need of any further assistance, please feel free to SIBLEY PLAZA call me at 646-7901. MOUNDSVIEW SQUARE Pro Manager pe ger Hwy. 10 & Long Lake Road Mounds View, Minnesota Sincerely, SOUTHVIEW SHOPPING CENTER Southview Blvd. & 13th Ave. S South St, Paul. Minnesota TOTAL P.02 Mendota Mall .Associates, LLP. NORTHWAY SHOPPING CENTER State Hwy. 23 & Woodland Circle Pines, Minnesota SIBLEY PLAZA Tiffany Carlson West 7th Street & Davem St. Paul, Minnesota Pro Manager pe ger SOUTHVIEW SHOPPING CENTER Southview Blvd. & 13th Ave. S South St, Paul. Minnesota TOTAL P.02 City of AAA Mendota Heights E October 1, 1997 Mr. Richard Fleischhacker W.A. Lang Insurance Company 500 Farm Credit Services Building 375 Jackson Street St. Paul, MN 55101 RE: LMCIT POLICY NO. MP 823020R-7 Dear Mr. Fleischhacker: I would again like ask you to supply me with an endorsement to the above referenced policy naming Paster Enterprises and Mendota. Plaza Investment :. Company as an Additional Insured for the 1997 Halloween Bonfire. At your earliest convenience, please provide me with two copies of the endorsement, and two Certificates of Insurance, so I can provide this:: documentation to Paster Enterprises well in advance of the_ event. Please be sure to send this insurance information to my attention. Should you have questions regarding this request, please feel free to call me at 452-1850. Sincerely, CITY OF MENDOTA HEIGHTS 'i4 -u-uo�Ua' -o- Kimberlee K. Blaeser Senior Secretary cc: Paul Kaiser, Fire Marshal Edward Paster, Paster Enterprises 1101 Victoria Curve - Mendota Heights, MN - 55118 (612) 452-1850 - FAX 452-8940 I�\ HIGHWAY. 110 ST. VPD. (1990) ----------------------------- SOUTH PLAZA DRIVE CITY OF MENDOTA HEIGHTS MEMO October 1, 1997 TO: Mayor, City Council, and City AdmiUator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Tempco Building Expansion Withdrawal Discussion Officials from Tempco have informed Staff that they no longer wish to pursue the expansion of their building. Tempco now intends to sell the new piece of equipment which precipitated the need for an addition to the building. Tempco has assured Staff that their decision to sell the machine and cancel the building expansion are based entirely upon internal cost/benefit considerations. Tempco maintains that they would still be open to receiving TIF assistance to improve the appearance of the building, if the Council were still interested. Tempco wished Staff to convey to the Council that they felt positively about the City and that there should be "no hard feelings" about their decision not to expand. Please see the attached letter from Tempco dated October 1, 1997. Action Required Acknowledge receipt of the attached letter from Tempco announcing the withdrawal of their expansion plans. Provide direction to Staff as to whether or not the Council is still interested in some type of TIF participation to improve the aesthetics of the building. UI T- '1-T/ '1'HU 6: 41 AM ThMF0 rix AU. b 11 45Z 11Z5 r, 1 cil� IRWOF aim Worldwide Precision Metol Stampinim Sheet Mehl Fabrication and AseengAm Tem pco Mfg. Co. Inc. 2475 Highway 55 50 TEARS OF SIRVICT St. Pad, MN 55120 Telephone 612-462.1441 Front Fax 612-152-1125 Bach Fax 812-462-4708 OCTOBER 1. 1997 MR. CHARLES MERTENSOTTO, MAYOR CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55120 DEAR: MR. MERTENSOTTO, AT THEIR MOST RECENT MEETING, THE TEMPCO BOARD OF DIRECTORS HAS DECIDED NOT TO INSTALL THE LARGE•PUNCH PRESS THAT WE HAD PURCHASED. THE OVERALL COST OF THE PROJECT FAR EXCEEDED ANY POSSIBLE FINANCIAL RETURNS. WE INTEND TO.SELL THE MACHINE RATHER THAN PUT IT IN ZERVICE. IF YOU WANT TO PURSUE THE TIF AGREEMENT FURTHER, WE WOULD BE OPEN TO DUSCUSSION BUT WILL NOT BE ADDING ON TO THE BUILDING. THANKS TO YOU AND YOUR STAFF FOR YOUR TIME AND EFFORT PUT FORTH IN THE ATTEMPT TO REACH AN AGREEMENT. SINCERELY, J R�`J LSINK OFFICE MANAGER CC: PATRICK HOLLISTER ' 0 CITY OF MENDOTA HEIGHTS MEMO September 29, 1997 TO: Mayor, City Council and City Administrator FROM: Tom Knuth, Senior Engineering Technician SUBJECT: Curley's Street Reconstruction Job No. 9311 Improvement No. 93, Project No. 4 The contract work for the Curley's Street Reconstruction project has been completed, inspected, approved and is ready for fmal payment (this will start the one year guarantee period). Total contract costs for this project were $630,422.74 not including engineering, easements and overhead costs. Ral 1-99.5101alat _721 -0 -co I recommend that Council accept the project and approve the final payment of $26,162.87 to Valley Paving, Inc. of Shakopee. If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 97- , RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 93, PROJECT NO. 4 CITY OF MIENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97 - RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR E%IPROVEMENT NO. 93, PROJECT NO. 4 WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on April 4, 1996, Valley Paving of Shakopee, Minnesota, has satisfactorily completed the improvement of Street Reconstruction improvements to Curley's Addition to service the area known as Curley's Addition, (Improvement No. 93, Project No. 4) in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $26,162.87, taking the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS 0 ATTEST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor CITY OF MENDOTA HEIGHTS MEMO October 2, 1997 TO: Mayor, City Council and City Administrator FROM: Paul R. Berg, Code Enforcement Officer 6 61?-46�. SUBJECT: Temporary and Permanent Outdoor Fence Enclosure for Smokers at Lloyd's Barbeque Company at 1455 Mendota Heights Road INTRODUCTION Mr. Chuck Morrissette, Maintenance Coordinator for Lloyds Barbeque Company, has submitted a permit application, letter of request to Council, a site plan drawing and a drawing of the proposed six foot privacy fence. DISCUSSION Mr. Morrissette wishes to construct both a temporary and a permanent six foot privacy fence enclosing an area on the exterior of the building. Please see the letter of request and supporting documents from Mr. Morrissette. RECOMMENDATION I recommend that City Council approve the requested permit for a temporary and a permanent patio enclosed by a six foot privacy fence as proposed. ACTION REQUIRED Review with the applicant the proposed temporary and permanent patio with a six foot privacy fence enclosure. If City Council wishes to implement the above recommendation, a motion should be passed authorizing the Code Enforcement Officer to issue a building permit which would allow the construction of a temporary and permanent patio with a six foot privacy fence enclosure. PRB:kkb Dear Mr. Mayor and Members of the City Council, 9/18/97 Lloyd's Barbeque Co. is requesting permission to build a temporary patio and when our addition to the plant is complete a permanent patio. Both patios will be enclosed by a six foot high privacy fence. We are asking permission for the temporary patio so our associates that smoke will have a place to go while we are adding to the lunch room and locker room. Once the additions are complete we will move the patio to the west side of the plant next to the addition. We would like to build the temporary patio as soon as possible to facilitate the upcoming construction. Thank you for your consideration. 3 Yours Truly Chuck Morrissette Maintenance Coordinator Lloyd's Barbeque Company Lloyd's Barbeque Company • 1455 Mendota Heights Road • St. Paul, Minnesota 55120 • (612) 688-6000 • FAX (612) 681-1430 Uc3Ez+ 76cAQn .Pl&,-T::�o OL4c K bc�rE0 c, &JDIQJ CgMEWT 7HIS DES KiO Qrn SIOE5 A),B tE 1 f . Au- 3 I.LJ - Z y ,O enx U, PAT 10 C -j �'' SIDE E o �f Lr- WALK W -W` �,� `ib" �l �- �'o"--�i, PAT E Mtn' 1 S1DL-P EMFx.i" A, X, v w. ge FLL Rm:n ,49,ou, Do Uc3Ez+ 76cAQn .Pl&,-T::�o OL4c K bc�rE0 c, &JDIQJ CgMEWT 7HIS DES KiO Qrn SIOE5 A),B tE ? N EM NNL ELY. 835.0 NET VOLUME - 0.36 AC. FT. HNL ELEV. 837.0 DRY VOLUME - 0.25 AC. FT ADD'L STORAGE CAPACfiY TO ELEV. 840.0 -0.55 AC. F 23. OF 21' RCP O 0.55— I FES -1 21' RC APRON/ IE _ 835.00 SK -I �IE � 833.80 ice, OF fit. 18' RCP '04.5% C-647_ OF 839.8 835.44 5 I § RE Y 841.8 IE - 834.49 \ I \ ,\ c / EXISTING BUILDING CIO \ G , Q FES -2 \ \ \ 24' RC APRON \ E - 833.14 1 Call 48 Hours before digging: GOPHER STATE ONE QA Twin City Area 454-0002 i Mn. Toy -re -e 1-800-252-1166 I �I1 �(I i ( V I I�I a1 Ph I / d If I I d / hr l r d / r / 10 / qj/ Z O i f -Q Ave NO • 1 \ \ \ \ \ \ \ \ \ \ I / ami � -��:.•3`3 a - / 0' 30• 60' 90' diM Tuv 'cn Cnd tl�a(fl Sl r��Ygstrv`'RCtiN. —=R --_--- REVSIONS ' n _-- p JHP LLOYD'S BARBECUE CO. 8/28/97 PARKING L07 STRIPING (OJ'N) �eS�W OO� '� 14d °1 N'' wrn T a mx„� �/p,� Ryan Companies U$� Inc. BULK STORAGE -Ar<'- -� n,.y x 5 PTC _ six 837-5�so DA A_ 8 ,_-99 REG�r Zr�74 1l.EHDOTA HEIGHTS, iCfaMSOTA DATE L==j 8;21/97SHEET3OF35 - .o'r CITY OF MENDOTA HEIGHTS MEMO October 1, 1997 TO: Mayor,t3' Ci Council, and City Adm h tfattor FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Schneeman Revocable License Agreement for a Fence on City Property 868 Bluff Circle Discussion Eric Schneeman has reviewed and signed the attached Revocable License Agreement as approved by Winthrop and Weinstine. Mr. Schneeman specifically consents to paying all attorneys fees in the drafting of this agreement, which Winthrop and Weinstine have totaled at $414.30. Background Mr. Eric Schneeman of 868 Bluff Circle appeared before the Planning Commission at their regular meeting on August 26, 1997 to discuss his application for a variance to Zoning Ordinance Section 4.8(1)b for a fence that would rest in part on City property. Mr. Schneeman provided several reasons why he felt the fence was necessary, including the need to prevent objects from rolling down the hill and the need to discourage the public using the trail from traversing Mr. Schneeman's property. Recommendation At their regular meeting on August 26, 1997 the Planning Commission voted 3-3 (with Commissioner Friel absent and Commissioners Koll, Dwyer and Tilsen voting in the negative) to recommend that the Council grant a seven foot front yard variance and an eight foot rear yard variance, allowing the fence to be set back 13' from the curb, 7' into the City right-of-way, and 8' from the City trail. The Planning Commission then voted 3- 3 (with Commissioner Friel absent and Commissioners Duggan, Lorberbaum, and Betlej voting in the negative) to recommend that the Council deny the variance request. Thus neither motion passed, and Chairman Dwyer instructed Staff to report this impasse to the Council. Council Direction The Council, at their regular meeting on September 2, 1997, decided that it was better to accommodate the Schneemans' fence request through a License Agreement than by granting the Variance request. The Council then directed Staff to draft a License Agreement for the maintenance and ownership of a fence lying partially on City property and partially on the Schneemans' property. The Council directed Staff to incorporate the following provisions into the License Agreement: 1. That portion of the fence which lies on City property shall be property of the City. 2. The City shall retain the right to alter, move, or remove that portion of the fence which lies on City property at any time for any reason without notice. 3. The owners of the property at 868 Bluff Circle shall be responsible for the maintenance of the entire length of the fence, both the portion on private property and the portion on City property. 4. The owners of the property at 868 Bluff Circle shall indemnify the City for any liability for personal injury or death or damage to property which occurs on that portion of City property enclosed by the fence. 5. The fence shall be located at least 12' from the City trail at all points. 6. That portion of the fence located in the front yard shall be at least 13' behind the curb. 7. i This License Agreement shall be attached to the Property Record for the lot at 868 Bluff Circle, and shall be filed by the applicant with the Register of Deeds at Dakota County. 8. The owners of the property at 868 Bluff Circle shall disclose this License Agreement to any prospective buyer of the property at 868 Bluff Circle, and all new purchasers of the lot shall be bound by this agreement also. 9. The owners of the property at 868 Bluff Circle shall pay all legal expenses incurred by the City in the drafting and execution of this License Agreement. 10. The owners of the property at 868 Bluff Circle shall pay all expenses for the design, materials, and installation of the fence, including that portion on City property. 11. The owners of the property at 868 Bluff Circle shall pay all fees and other costs associated with recording this agreement and attaching it to the Property Record. 12. A diagram showing the exact location of the fence in relation to all relevant property boundaries, streets, curbs, trails, and other features shall be attached to and referenced by the License Agreement. Please see the attached Draft License Agreement prepared by Winthrop and Weinstine. Staff has also prepared a resolution of denial for the Variance Request. Action Required If the Council approves of the attached Draft License Agreement, the Council may, authorize execution of the agreement, making any revisions the Council deems necessary. The Council should also adopt the attached Resolution 97-_: A RESOLUIION DENYING A VARIANCE FOR THE PLACEMENT OF A FENCE OUTSIDE OF ONE'S OWN PROPERTY AT 868 BLUFF CIRCLE denying the Variance request, since technically the Schneemans' Variance application is still pending. :04 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97- A RESOLUTION DENYING A VARIANCE FOR THE PLACEMENT OF A FENCE OUTSIDE OF ONE'S OWN PROPERTY AT 868 BLUFF CIRCLE WHEREAS, Mr. Eric Schneeman of 868 Bluff Circle had requested a Variance to Section 4.8(1)b to place a fence outside of his own property onto the City right-of-way, as proposed on plans on file in Planning Case No. 97-32; and WHEREAS, The Planning Commission of the City of Mendota Heights discussed this application at their August 26, 1997 meeting; and WHEREAS, At their regular meeting on August 26, 1997 the Planning Commission failed to pass a motion to recommend that the Council grant the variance request, then failed to pass a motion to recommend that the Council -deny the variance request, and then instructed Staff to report this impasse to the Council, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Variance to Section 4.8(1)b to allow the placement of a fence outside of one's own property, as proposed on plans on file in Planning Case No. 97-32 is hereby denied. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that the proposed Variance to allow placement of a fence outside of one's own property, as proposed on plans on file in Planning Case No. 97-32 would not be necessary to alleviate an undue hardship or practical difficulty and would be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. ATTEST: By Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor WINTHROP & WEINSTINE (THU)10. 297 12:16/1ST.12:14/NO.4260369523 P 2 WINTHROP & WEINSTINE A PROFESSIONAL ASSOCIATION ATT OANEYS AT WW 3200 MINNESOTA WORLD TRADE CENTER SAINT PAUL. MINNESOTA 55101 (612)290-8400 MENDOTA HEIGHTS, CITY OF 1101 VICTORIA CURVE ST. PAUL, MN 55118 e: GENERAL Invoice Number y 50950 Invoice Date 09/30/97 Client Number 01007 Hatter Number 001 OR PROFESSIONAL SERVICES RENDERED: FROM 09/01/97 THROUGH 10/01/97 °/03/97 JBV DRAFT REVOCABLE LICENSE AGREEMENT; CONFER REGARDING CITY COUNCIL MEETING; 9/09/97 JBV PHONE CONFERENCE UITH KEVIN WERTHEIM AND PAT HOLLISTER REGARDING SCHNE£MAN AGREEMENT; DRAFT AND REVISE REVOCABLE LICENSE AGREEMENT; DRAFT LETTER TO PAT HOLLISTER REGARDING LICENSE AGREEMENT; 9/30/97 TMH'°'REVIEU SCHNEEMAN LICENSE CONTRACT; TOTAL HOURS CURRENT FE=_S OR COSTS ADVANCED AND EXPENSES INCURRED= 0/01/97 REPRODUCTION 0/01/97 TELECOPIER CURRENT EXPENSES TOTAL BALANCE DUE WINTHROP & WEINSTINE 1.00 1.60 393.50 2.80 18.00 ------------ 20.80 ------------ $414.30 10/03/97 10:47 FAX 612 854 4709 UL TC PENSION 19002 10/03/97 10:22 FAX 612 452 8940 MENDOTA HEIGHTS @Q02 i FROM WINTHROP & WEINSTINE (THU)10. 2'97 16:22/ST. 16:211/NO. 4260369838 P 2 REVOCABLE LICENSE AGREEMENT TM AGREEMENT, is made as of the day of September, 1997 by anu1 between the City of Mendota Hsi f ts, a Mimesots. municipal corporation ("City'] and baric and Kathryn Schneeman, husband and wife ("Licensed"). RECITALS: MEAS, the City is the owner of undivided fee simple title in and to all that certain real property legally de=-oed on EXhlit_attached hereto and incorporated herein (-City Propertfi: acid VnMPXAS, Licensees, kaband and wife, ars the soya ovines of undivided fen. sample title in and to all that certain property immediately adjacent to the City Property and 1%atiy destri'bed on Exlu'bit B attached hereto and incorporated herein (the "Adj=nt Property"); acid WkWREAS, Liccnsocs wish to place a fence on a portion of the City Property„ those portions of the City Property lying immediately to the north of 6c Adjacent Property and immediately southeast of the Adjacent Property, as Mcged on Exhibit C attached hereto and incorporated herein, (said property hereinafter mfared to a the "Licensed Property"). NOW, ZBBXEFORI� in eoasid=ation of'the Rvditals, which we hereby made a part bercof and for other good and valuable consideration, the rcccipt and sufficiency of -which aro hereby ac.bw*W9cd, it is hereby agreed as follows: 1. City hereby grants zo Liuosecs a revocable licoase T.o plane a &n►cv on the Licensed Property on the teams and subject to the conditions hereinafter set forth. Said licme may be revolted by City at any time, for any reason, upon not less than fivie (5) days written notice to Lim at the address stated herein 2. Licensed agrm to vacate the Licensed Property immediately upon rwA ipt of notice from City of revocation of this License, and shall is connection therewith nsmove any and all personal property and other stnutnres, equipment, fences, or othcr property located on or about the Licensed Property. 3. Licanstes shall not construct any improvements, structures, buildings, or plane any other property or equipment, on or about the Licensed Property without the prior written consent of City, which consent shaU be granted or withheld in the sole, absolute and non - limited discretion of City_ 4. The construction, maintenance, repair and removal of any improvement constmaed by the Licensees an the Licenced Property shall be the sole and exclusive reuponsibility of the 10/03/97 10:48 FAX 612 854 4709 10/03/97 10:23 FAX 612 452 8940 FROM WINTHROP & WEINSTINE NKL TC PENSION 10003 MENDOTA HEIGHTS _ 10003 (THU)10. 2'97 16: 23/ST, 16 41/NO. 4260369838 .P 3 Licensee=. Any obligation of the Licensees under this Section shall ton performed to the istisf cd*n of the City in its solo, absolutc, and non -limited discretion. S. Vi 11thout lietiting the generality of the foregoing discrgdon granted the pity in paragraph 4, construction of any improvements on the Licensed Property shall' be subject to the following tequiriemmts: a. Any fence or other improvemea located on the Licensed Propooty shall be at least 12 feet from the pathway located on the City Property. b. Any fence or other impravamcnt located on the Limmd Prop ey shall be at least 13 felt from the nearest point of any roadway maintained by tho City. 6. Notwithstanding the Licenseds obligations hereunder, the City shall have the right to enter the Licensed Property at any time and without notice alter, move or remove any improve eat placed on the Licrosad Parcel by the Licames. 7. Licensees selmowledge and agree that they claim no right, title or interest in and to the Licensed Property, by adverse possession, prescriptive easement or othavAse, other than the revocable license granted hereunder. Licensees further aclonowledip and agree that no cecina of title or interest in and to the Licen Property by adverse possession or other prescriptive rights shall arise or vdst by virtue of the passage of time or any other act by Licensees or City or the Endure of City or Licensees to do any other act or thing. Any such rigid, title or interest in and to the Licensed Property arising by a+dversc possession, prescriptive rights or otherwise is hereby finny and JinaUy waive) and rebased by Lictpsees. Licensees shall Wenmidy, defend and hold City harmless from and .against any and all elairtst, fiabdity, costs or expenses, including with out Limitation attomeW fees; which may be paid, insured by or asserted against City widnS out of, relating ito or in counecdon with any use of the Licensed Property by Licensees, their heirs, agents, employers, contractors, Ucensoa or invitees, or tate presence of any property, real or personal, placed on or about the Licensed Property, by or on behalf of Licensees, itheir heirs, agents, employees, contr car% liteasees or invitees. 9. Licaisees shall tang public liability insurance with respect to the LicenmW Property, with coverage limited in the amounts of at least One Million Dollars (S1,000,0001 and shall tan City as an additional inaued putt' on any such pofiaes. Such pAcies shall provide that such pofieies shall not expire, be ter[ninatod, amended or modified without thirty (30) days prior written notice to City. Licensees shall deliver to City evidence of such insurance from time to time, as reasonably requested by City. 10. This Agreement shall be binding upon, and shall inure to the benefit of the respective help, successors and assignees of Licensees and City. 2 IU/UJ/UI IU: 40 NAA d1Z 004 4lUU uni, it, rniiaiun UVVe 10/03/97 10:24 FAX 612 452 8940 FROM WINTHROP & WEINSTINE KMOTA HEIGHTS (THU)10. 2' 97 16: 24/ST. 16: 2100. 4260369838 P 11. This Agreement shall be duty recorded against the Adjacent Propeny with the Dakota County Register of Deeds, and a copy of d is Agreemou shall be dalivvrcd to the City. Licawees sW be solely responsible far all recording coat: no filing ,of a written Notice of Tznakm on by the City of the license granted hereunder shall be conclusive evidence of the termination of this Agreement and all rigors granted hereunder. 12. In sMtiori to recording this Agreement with the Dakota County Rei jster of Deeds, the Licuaes &hall have an aff native duty to deliver a copy of this Agareernont to any successor or assign of the uc=ee_ 13_ Any notice required or permitted hereunder sW be given by pemomd delivery upon an authofaW representative of a party hereto. or if trailed by United ;Mates registered or certified nmk return receipt requested, postage pMa1d; or if uariaWned by f csimile copy followed by matle:d notice; or if deposi ke d cost paid with a nationally ra,:ognized, reputable oversight courier, properly addressed ss follows: If to City: City ofb&vdota Heights 1101 verbs Curve Mendota Hagbrs, Minnesota 554:24 Atte: Kevin Batchelder With copy to: ?homas M. Bart virinthrop & Weirs hen P.A. 3200 Mmntsota World Trade Cezwr 30 FAA Seventh Street St. Paul, M1nnwota 53101 Vto Licensaes: Eric and Kathryn Schuseenssn With Copy to: Notices shall be domed effective on this earlier of the date of receipt or the date of deposit, as aforesaid; provided, bciwever, th a if notice is given by deposit, the time for response to any notice by the other poly shall camnnm= to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of such change. 14_ This Agreement shill be governed by and construed in accordattte wi,tb the Is" of the Sts" ofifumesota. 3 Q004 10/03/97 10:49 FAX 612 854 4709 MML TC PENSION 10005 10/03/97 10:24 FAX 612 452 8940 MENDOTA HEIGHTS 2005 FROM WINTHROP & WEINSTINE (THU)10. 2' 97 16:24/ST.16:200. 4260369838 P S 15. LWemees sW pay, prior to the eiaution of this Agreement by the City, any and an attorney's fees and costs is c cd prepwind and ececuft this Agreemient 16. In the event that any Ltigati m or arbkrvion is initiated by the City to enforce its right to terminte this Agreement, the City shad be entitled to nimburs mgnt tom the Lic=secs of my and 0 costs or , indud"utg without fimitation attonmys' flees, paid .ar inautr+ed by the City in c mection with such iidgation or arbitration. IN WITNESS V44MOF, City and Licensees brine caused this Agreement to be executed and delivarW effective as aftWs day of September,1997. s A 4 CITY OF IOTA HEIGHTS Rv 10/03/97 10:49 YAX 61L 854 4YUU 10/03/97 10:25 FAIL 612 452 8940 FROM WINTHROP & WEINSTINE STATE OF MINNESOTA ) COUNTY OF ) a[DIL 1 V rr.1VJ 1 Uly UI """ MENDOTA HEIGHTS Q006 (THU)10. 2' 97 16:24/ST. 16: 2110. 4260369838 P 6 The foregoing kutr u team was ad=wladged before me this day of September, 1997, by the Mayor of the City of Mendota Heights, a Mnnewta municipal corporation, for and on behalf of said Minnesota municipal Corporation. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF } The foregoing instrtunont w s solmowledged before me this day of September, 1997, by Eric Schneemam Notary Public STATE OF M NNESO'TA ) )5s COUNTY OF ) The faiescing instrument was acknowledged before fie ties day of Sgntember, 1997, by Kmhryh Sehneemw. DRAFTED BY: WDrMOP & WEINSTINE, P.A. Atte: Thomas M Hart 3200 Mhmmsvta Wwtd 'Trade Center 30 Fast Seventh Street St Paul, rdiruresota 55101 (612) 290-3400 SM: 4236ss-i 5 Notary Public 10/03/97 10:50 FAX 612 854 4709 10/03/97 10:25 FAZ 612 452 8940 MML TC PENSION 19007 MEN3)OTA HEIGHTS 191007 I EXHIBIT A LEGAL DESCRIPTION OF CITY PROPERTY 1. Bluff Circle Street Right -of -Way, Park Place Addition 2. City Outlot A, Park Place Addition IU/UJ/97 10:50 FAX 612 854 4709 MML TC PENSION 10/03/97 10:26 FAX 612 482 8940 MEMOTA HEIGHTS M LEGAL DESCRIPTION OF SCHNEEMAN PROPERTY Lot i Block 2 Park Placa Addition s ;+ 10008 2008 10/03/97 10:51 FAX 612 854 4709 MML TC PENSION tA009 10/03/97 10:27 FAX 612 452 8940 MEM TAHEIGHTS 009 • FROM WINTHROP & WEINSTINE (THU)10. 2' 97 16:25/ST, 16:21.00.4260369838 P err C DIAGRAM OF PROPOSED FENCE LOCATION 3 10/03/97 10:51 ••y ,1010�19fi, s t tf �2 '- x,_10.27 C FAX 612 854 4709 MML TC PENSION W010 , FAX -612 452 8940 MENDOTA HEIGHTS 010 : DAKOTA FENCE -�I-q0 o COW WORK ORDER a 2 49,2 � a S Chain Link 149th Stre West 3484kFai-14 s Customer❑ Not needod❑ , REMITTANCE ADDRESS:— R, MN 58 SHOP ADDRESR'' SpecixU Instructions: P.O. Box 1 a 812- 1"6.86U 4600 Akron Avenue E Rosefrulunt, MN SSilfi8 23.3s96 Inver Grove Heights, MN SSG. . . .? Name Job Site. ' Line posts Height.j'� E Yr + Address Lu 5-V C, 1 �� Hudson Pa* mate C41$tate 1 antra T -S Zips Phone b.Ua -&W , - Gates '---. �`�.s-i.=tom•.►. '' a S Chain Link Other Permit Dakota Fence 99 Customer❑ Not needod❑ , Footage Wood: RNVCedar alt SpecixU Instructions: , ----el? Height Gauge 414( Sryfel i g% s u 1q: 4 . . .? Terrn posts Millingor Line posts Height.j'� Yr + •Top rata Posts=_ - f x r t tk—�y#1�-� :!iYalk pates Rail Drives zoos - Gates '---. �`�.s-i.=tom•.►. '' ;• ; ' ... -'t I iccn Imes I TII� �ie3t�.7�71'�ltrt�ttitil•t•rli�t�l♦ We prapa54, to turNsh and install in aicardancaymb tho } ve speciricadons for the aunt Of with paymimt to be made as follows:' Deposit S I'l wg>ijo_ tlalancas aver 30 days Nita subject to s finance charge of 1.S% per •+.:+nti� t,A% annual) er 21.50 minimum chains. } R M .hM1i SEE BACK FCIRVERMS, CONDITIONS= ' AND WARRAM 146RMATION ANY CHANGESTOTHIS AGREEMENT ARE SUBJECTTO ADJUSTMENT BASED ON PRICING ATTIME OF ORDER. • Acceptance of proposal; The price and specifications are satisfactory and acceptable. Uwe hereby audwize you io . ' proceed with the work ata specified. tyre agree to the payrrod schedule as cutild. Accepted --1. 74--ru 1, ate - Authorized Representative_ • �'': ' This proposal valid for - '' '----�'^`- 6 ' Buyer agrees that all warranties made ars void ,•,. It the Payrnent terms Inereot are not met. October 3, 1997 To: Mayor and City Council From: Kevin Batchelder, City A ' motor Subject: Deer Overpopulation Concerns The City has received correspondence from numerous residents of the Somerset Area with requests that the City once again authorize a limited deer hunt within the City boundaries. As you know, in recent years the Twin Cities metropolitan area has experienced a dramatic increase in its deer population. The City of Mendota Heights, with its abundant open space, has its fair share of the deer population. Maintenance of a manageable deer herd will require periodic, or regular, limited hunts and property owners who are suffering damage have requested that Mendota Heights initiate these efforts again. (Please see attached letters.) On two previous occasions, the City Council has authorized limited deer hunts on private property at the request of nine land owners within an 87 acre tract of land in the Somerset Area bounded by Dodd Road, Wentworth Avenue, Delaware Avenue and Marie Avenue. (Please see attached map.) The hunt itself was coordinated by a group known as the Metro Bowhunter Resource Base (MBRB). One hunt consisted of a bow hunt conducted from elevated tree stands shooting over bait and the other hunt was conducted during the regular hunting season without the use of bait. ` The out -of -season hunt required a Special Permit from the DNR, however, a hunt conducted during the regular hunting season does not require a special. permit. The DNR has been contacted about this hunt and will be cooperating with the MBRB. Attached you will find two reports from the MBRB describing the two previous hunts. Given that both prior hunts were conducted successfully, it is suggested that this year's hunt use the same methodology. Staff has been in contact with Ms. Michelle Doerr, of the DNR, and Mr. Mark Graham, of MBRB, to discuss the need and methodology of the proposed hunt. The DNR was asked to help determine a reasonable target for the number of deer authorized to be taken. They are suggesting the same target of 20 deer as was authorized in the 1995 hunt. In discussions with Mr. Greg Lee, of the Dodge Nature Center, this issue was also discussed. Based on these discussions, I would recommend that we authorize the taking of up to 20 deer in the current hunt. Also attached is the 1997 Annual Deer Survey prepared by Mr. Jon Parker, of Environmental and Wildlife Consultants. Despite a decline in deer counted in Mendota Heights in 1997, the total deer count in Mendota Heights, West St. Paul and Sunfish Lake remained the same as 1996. This is primarily due to the deer migrating between the Dodge Nature Center, where they have caused significant damage, and the Somerset Area. Mr. Parker recommends that if the deer hunt is not successful this Fall, that winter deer control over bait be considered. At this time, we are only recommending the Fall hunt. In order to maintain a reasonable deer population herd within Mendota Heights, and to address concerns raised regarding excessive deer browsing and damage to vegetation, and traffic safety concerns due to accidental deer -vehicle collisions, I recommend that we reauthorize a limited deer hunt on private property in the defined Somerset Area, subject to the conditions/restrictions outlined in the attached Resolution. If the City Council desires to adopt the recommendation, they should pass a motion to adopt Resolution No. 97- , A RESOLUTION AUTHORIZING A LIMITED DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE 1997 STATE DEER HUNT SEASON. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97 - RESOLUTION AUTHORIZING A LIMITED DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE 1997 STATE DEER HUNTING SEASON WHEREAS, the City of Mendota Heights has received requests from various affected property owners to reduce the number of deer within the City of Mendota Heights, and WHEREAS, these property owners have expressed concerns regarding this growing deer population and its associated negative impacts including excessive deer browsing and damage to vegetation and traffic safety concerns due to accidental deer -vehicle collisions, and WHEREAS, under special permit from the Minnesota Department of- Natural Resources, the City previously authorized two similar deer hunts in 1995 which were deemed successful, and WHEREAS, the City desires to maintain a reasonable deer population within the City boundaries, and :3 WHEREAS, such balance can only be achieved through regular on-going deer population control efforts. NOW THEREFORE BE /T RESOLVED that the City Council authorizes a limited deer hunt within Mendota Heights between the dates of November 1, 1997 and December 31, 1997, subject to the following conditions/restrictions: 1. The City receives written reauthorization from each private property owner in the Somerset Area wishing to again participate in the program. 2. The hunt is coordinated by the Metro Bowhunter Resource Base who will certify and select qualified bowhunters allowed to participate in the hunt. 3. All participating hunters must have completed and passed a bow shooting proficiency test as conducted by the MBRB. 4. All hunters participating in the hunt shall attend an orientation meeting to be hosted jointly by the MBRB and the Mendota Heights Police Department. 5. All deer shall be taken by bow and arrow in a safe and humane manner. 6. The hunt shall be conducted from November 1, 1997 to December 31, 1997. 7. The number of deer taken shall not exceed twenty. The MBRB will notify the City of Mendota Heights Police Department on a weekly basis of the number of deer taken during the previous week. 8. Deer of any age or sex may be taken, however bowhunters shall not pass up shots at antlerless deer. 9. All hunters must be appropriately licensed and must hold valid tags as r issued by the Minnesota Department of Natural Resources. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. In ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto Mayor I MARIE AV84UE MARIE I ME. =T IT = --FT -- LUAWDERAU: BOD %fENr1VORT"'.dVEw ALICE K BRADFORD: 1673 DELAWARE AVE. CARCB.JR:DftAKE+ ISM DELAWAREAVE ERTt r 'A -M EN R110DERlip..: 17,4D Q'R W&PRENECIRAKE RtAMFS:,L-RENEJGESELL 1730 DODM.RD-;' TIMOTHY MA GAYLE] MASER",,.": t738,0000 RE) 1707 DELAWARE;AVE: ROBERT & K UHLEE& 1110 DER. M4 DODD RD,,. J. ROBERT 8 RIP ERI "—Do MARIE AV84UE MARIE I ME. =T IT = --FT -- Mr. Carl Drake, Jr. 1695 Delaware Avenue Mendota Heights, MN 55118 Dear Mr. Drake: City of Alendota Heights October 3, 1997 In 1995, you and eight adjoining neighbors requested that a limited deer hunt be conducted on your private property for purposes of reducing the size of the deer herd in the area. As you know, the first hunt resulted in the removal of 9 deer and the second hunt resulted in the removal of 7 deer. Recently, the City was contacted by a number of your neighbors who requested that another limited deer hunt be conducted during this year's regular deer hunting season, which runs through December 31, 1997. The City Council considered these requests at their meeting on October 7, 1997 and re -authorized the limited hunt, subject to a number of conditions/restrictions. One of these conditions is to again receive your written permission to conduct the hunt on your private property. A copy of the Council Resolution setting forth this and the other restrictions is attached. Also attached are copies of reports regarding the two previous hunts. Please review and consider whether or not you would like to be a part of the limited hunt. scheduled for November 1, 1997 through December 31, 1997. If you wish to again participate, please sign the second copy of this letter and return it to me in the enclosed envelope. Thank you for your consideration of this request. Should you have any questions of any kind regarding the proposed deer hunt, please feel free to call. Sincerely, CITY OF MENDOTA HEIGHTS Kevin Batchelder City Administrator Enclosures DEERLTR.97 1101 Victoria Curve - Mendota Heights, MN - 55118 (612) 452-1850 - FAX 452-8940 JUL 21 1997 Kevin Batchelder City Manager 1101 Victoria Curve Mendota Hgts., MN 55118 Dear Mr. Batchelder: 600 Wentworth Avenue W. St. Paul, MN 55118-2830 July 14, 1997 My wife and I are writing to seek your help in either eliminating or thinning the herd of deer which we have in the area between Dodd Road, Delaware Avenue, Wentworth, and Marie. One of the elements that make for a community is pride of ownership, and this is reflected in the care of the individual's property. With the deer destroying gardens, both flower and vegetable, and eating many of the lower branches of nondeciduous trees, it is increasingly difficult to maintain our property. We would appreciate your help in either eliminating or culling the large herd of deer which is in daily evidence. I Very truly yours, Donald E. and Alma H. Derauf 14 FREDERICK T WEYERHAEUSER 332 MINNESOTA STREET SUITE 2090 SAINT PAUL, MINNESOTA 55101-1308 (612) 228-0152 July 22, 1997 Mr. Kevin Batchelder City Manager 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Batchelder: "i•to�fi:t � I would support a deer hunt on the block between Dodd Road, Delaware Avenue, Wentworth and Marie on a responsible basis. There appear to be a great number of deer that are regularly living in the center of this block and are doing a great deal of damage to gardens and shrubbery. jc cc: Mr. Carl B. Drake, Jr. J' 1744 DODD ROAD + S?. PAUL. MINN-ESOTA 55118 • (612) 434_1572 ROBERT B. RIDDER 1rajq1,y"ZA z,,,; I lwlaytl 1 �D f hui ,fwrr' !zjril.C/tJ�11117Cdr - A�4 June 30, 1997 Kevin Batchelder City Manager _ 1101 Victoria Curve Mendota Heights, MN 551,18 Dear Mr. Batchelder: This letter is in answer to our telephone conversation concerning the possibility of a deer hunt to be conducted by the City in the fall of 1997. The majority of the property owners in the area between Dodd Road; Delaware Avenue, Wentworth and Marie feel it is very important to thin the herd of deer despite the survey done earlier by a professional consultant. Daily I have between 5-10 deer grazing in my ` back field and my neighbors are fed up with the overpopulation and destruction caused by this herd. I have asked eleven of my neighbors to write you concerning this to emphasize their concern about this problem. Anything you can do to carry this plan to its conclusion would be much appreciated. Sincerely, Carl B. Drake, Jr. 1695 DelawareAvenue Saint Paul, MN 55118 eg cc: Mr. and Mrs. Robert Ridder 1744 Dodd Road St. Paul, MN 55118 Mr. and Mrs. Tim Ober 1707 Delaware Avenue St. Paul, MN 55118 Mr. and Mrs. Reynolds Guyer 654 Wentworth Avenue W. St. Paul, MN 55118 Mr. and Mrs. Jay Chadima 1651 Delaware Avenue St. Paul, MN 55118 Mr. and Mrs. John Murphy 650 Wentworth Avenue W. St. Paul, MN 55118 Dr. and Mrs. John McMahon 620 Wentworth Avenue W. St. Paul, MN 55118 Mr. and Mrs. Bruce Odlaug 1324 Laura Street St. Paul, MN 55118 Mr. and Mrs. Jack Sjoholm 1611 Delaware Avenue St. Paul, MN 55118 Mr. and Mrs. F. T. Weyerhaeuser 610 W. Wentworth Avenue St. Paul, MIN 551118 Dr. and Mrs. Donald DeRauf 600 W. Wentworth Avenue St. Paul, MN 55118 Mr. and Mrs. Ken Bergmann 717 Stanwich Lane Mendota Heights, MN 55118 METRO BOWHUNTER RESOURCE BASE ,ebb. MEMO To: Kevin Batchelder, City of Mendota Heights From: Mark Graham, Metro Bowhunter Resource Base Subject: Deer Management Programs Date: March 7, 1997 Following please find summaries for the two deer management programs conducted by the Metro Bowhunters Resource Base in conjunction with the Minnesota Department of Natural Resources. Hopefully by this date you've completed the aerial survey and have an idea of deer densities. If the numbers are such that there's a continuing need for a deer 'management program, our organization will be pleased to assist. There obviously are differences in the methods that can be used under a shooting permit versus a program held during the regular hunting season. Should the decision be made to proceed (under either scenario) we should develop a specific hunt plan consistent with the target goals of the program. My apologies for the delay in getting these materials to you. Please give me a call at my office 542-8480 or home 474-7932 if we can be of assistance. Mendota Heights Deer Management Programs Background The deer management programs took place on 87 acres of private land within the city limits of Mendota Heights. This property is owned by nine residents who requested the city implement some form of deer control. The city of Mendota Heights participated in the Minnesota River Valley Deer Management Task Force (DMTF) beginning in 1989 (McAninch and Parker 1991). The DMTF was made up of representatives from the DNR, 2 counties and 4 cities as well as from pro -hunting and conservation groups. The DMTF met for a period of more than one year and came up with recommendations for deer management in the area, including Mendota Heights. Part of the recommendations included a controlled firearms hunt and sharpshooting in Fort Snelling State Park and the Minnesota Valley National Wildlife Refuge located partly within the city limits of Mendota Heights. These were conducted from 1991 to 1994. In late 1994, staff from the city of Mendota Heights continued to receive calls from residents regarding the overpopulation of deer. The city sent a petition to a group of landowners who wanted action saying that they agreed to have their land used for deer control measures. The residents agreed to a recommendation by the DNR that bowhunters be used. However, by the time the City Council passed a resolution, the 'regular hunting season had ended. Therefore, the city submitted a request for a special permit from the DNR. That permit was granted for the purpose of removing 10 deer using bowhunters. The hunt was conducted during March 1995 and 9 deer were removed. Shooting was from elevated stands over bait sites. See attached 5/15/95 memo to Tom Lawell. During the summer of 1995, City of Mendota Heights staff suggested that due to the success of the last hunt another be conducted in a similar manner. However, it was to be conducted during the regular archery season. A goal of 20 deer was established. Methods A search on the MBRB database of hunters was made for hunters who met the following criteria established by MBRB Board Members: 1. Completed a NBEF Bowhunter Education class. 2. Willing to hunt in the Southeast metro area. 3. At least 5 years of bowhunting experience. 4. Killed at least 5 deer with a bow in the last 5 years. 5. Not yet hunted in other 1995 MBRB hunt opportunities. Two hunt coordinators were in charge of a team of 4 hunters each. Hunting was from 1/2 hour before sunrise to 10:00 a.m. and from 2:00 p.m. until '/z hour after sunset. Hunting was from tree stands, however bait sites were not used. Deer killed were transported off the property and dressed at a designated site. Activity logs were maintained by each hunter. Results A total of 7 deer were killed during this second program. Total deer sightings for the 383 hunting hours was 120 (which obviousiy involved multipie sightings). Nine shots were taken resulting in 8 hits with one deer hit and not recovered. There are several possible reasons for the reduced success in the second program (compared to the first) including: • Total deer numbers in the area may have been down. • An increase in non hunting foot traffic in the hunting area during the fall (second program) versus the March time frame for the first disrupted several hunt periods. • Bait sites were used to localize deer in the first program. Bait sites were not used for the second effort. • Hunting (and non -hunting) activity moved deer into adjacent areas where hunting was not permitted. • Participants purchased and used their own licenses during the second program which limited them to one antlered deer per season. Several possible shots on small antlered deer were passed up so as not to use the hunters only antlered tag. Hunters purchased additional antlerless tags and could take multiple antlerless deer. Participants reported seeing more antlered deer than antlerless. Tags are not required under a shooting permit. METRO BOWHUNTER RESOURCE BASE TO: Tom Lawell, Mendota Heights City Administrator Z. FROM: Mark Graham, Metro Bowhunter Resource Base DATE: May 15, 1995 SUBJECT: 1995 Deer Management Program Following is a summary of results for the deer reduction program coordinated by the MBRB in the Somerset area (property bounded by Dodd Road, Wentworth, Delaware and Marie Avenues) of Mendota Heights. The city as part of an ongoing deer management program requested, and was issued a Special Department of Natural Resources Permit (7369) for removing up to ten deer by bow and arrow. The permit, issued in early March expired April 15, 1995. We began our activities March 10, following a March 9 orientation meeting at the Mendota Heights City Hall. A copy of the methodology and "hunt" restrictions for the program is attached. Nine deer were removed by the archers. One additional deer was -hit but not recovered. Kill data is as follows: Date Sex AA= Fetus Information 3/10 M 1 V2 NA 3/10 M 1 %2 NA 3/15 M 1'/2 NA 3/18 F 2'/2 IM- 1F 3/26 F 1 %2 IM 3/26 F 3'/2 IM- IF 3/30 F 3%2 M IM- 1F 4/9 M 11'/2 NA 4/9 F 2'/2 2 F All deer were removed from the site and turned over to DNR personnel in accordance with hunt rules and permit requirements. On three occasions there was contact with individuals (teenagers) while program participants were in tree stands. These were not confrontational. As MBRB coordinator for this project I received only one inquiry from a resident or city official. Police officer (Sergeant Mac) called on March 22. At his request I contacted area resident, Harry Kramer, who was concerned about the safety of children who occasionally play in the area. I explained that bowhunting is by its nature "safe" and faxed copies of the rules governing the program. He expressed support for the deer reduction effort but suggested for future programs that area residents be notified (dates and times) when archers would be on stand. The MBRB wishes to acknowledge the support and cooperation of the Minnesota DNR whose input was critical to the success of the program especially considering the adverse weather conditions (warmth) that occurred over much of the permit period. Should Mendota Heights ongoing deer management program call for additional deer reduction via bow and arrow and the MBRB can provide assistance, please do not hesitate to contact us. You can reach me during the day at 542-8480 or through Jon Parker of the Minnesota DNR. September 22, 1997 Minnesota Department of Natural Resources Kevin Batchelder City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Batchelder, •-^'""" is �J V'L.:Ljisa � a � '3 917 3 Thank you for attending our meeting of 20 August 1997 regarding deer management in the Twin Cities Metro Area. We were happy with the attendance and cooperation amongst participants. During the meeting, we wanted to accomplish a few objectives. One, was to introduce the ourselves as wildlife managers for the metro area. You were supplied with maps that outline each area, so you should know who to contact when necessary. If you did not get a map, or need additional maps, please feel free to contact us and we will provide them. Our second objective was to develop a more uniform process for cities/counties conducting deer control programs. Our first step in doing so, was to agree to a schedule of activities for deer management. While the schedule is flexible, we will use it as a guideline so that deer management activities can be conducted in a timely and efficient manner. The schedule is as follows: 11 September 1 Apply or request special permits October 1 Special permits reviewed and issued November 1 Deer control under special permit can begin December 1 Notify DNR staff if aerial surveys are to be done using DNR helicopter OR notify contractor to conduct winter aerial survey March 15 Deer control under special permit ends April 1 Aerial survey data and maps, reproductive information and mortality (deer control, deer -vehicle collisions) is provided to DNR staff May 15 DNR staff submits deer population status report and recommendations to permit holders Mid -July Annual meetings to review upcoming special permit requests We discussed the collection of data as one of the main priorities. Michelle will prepare of list of data from past years that was provided by each of the past permit holders in the next month. During the winter months, we would like you to fill in the blanks of data from past years, when DNR Information: 612-296-6157. 1-800-766-6000 • TTY: 612-296-5484, 1-800-657-3929 An Equal Opportunity Employer 4M Printed on Recycled Paper Containing a Who Values Diversity �� Minimum or 10% Post-Conwmer Waste possible. Beginning this winter, each permit holder will provide DNR staff with data on sex, age and reproductive information collected during deer control activities, data on deer -vehicle collisions or other mortality information collected from June 1 to April 1 and data from aerial surveys including maps. If aerial surveys are conducted by DNR staff, we will provide data and maps from surveys back to the permit holder. Using all of the information collected, DNR staff will model deer populations and provide each permit holder with a deer population status report. In addition to the deer population status report, DNR staff will be available to conduct homeowner's workshops and conduct staff training sessions for agency staff that may not be familiar with the proper way to age deer or collect reproductive data. However, we do ask that you provide us with ample time to schedule and prepare for workshops or training sessions. Finally, Jay and Michelle will prepare a list of publications and resources available and send a copy to each of you during the next month. These include publications on deer control, updates on new technology, past lawsuit judgements and resources for public education. For those cities not yet involved in deer control, but anticipating the possibility, we used the afternoon session to review information on development, implementation and evaluation of programs. These cities should begin collecting information for impact assessment, including keeping track of deer -vehicle collisions and logging damage complaints. In addition, aerial surveys should be considered so that the status of deer populations can be determined. DNR staff are available to discuss all aspects of deer management programs including attending -meetings with city officials or city council meetings, public hearings, etc. Thank you again for your participation. We look forward to working more closely with you to provide you with up to date information on deer populations in the metro area and updates on current#technology and techniques. Again, during the next month or so, we will provide you with a review of past deer control programs for agencies who have conducted deer control in the past. In addition, we will provide a list of resources available for more information on deer control programs and public information and education. If you have any questions, please contact the appropriate DNR staff person below. Sincerely, A&U4 Michelle Doerr Urban Wildlife Manager 1200 Warner Road St. Paul, MN 55106 772-7981 cc: Roger Johnson Jay McAninch' tob Welsh North Metro Wildlife Manager 5463 W Broadway Forest Lake, MN 55025 296-5200 Diana Regenschied South Metro Wildlife Manager 100 S Fuller St #155 Shakopee, MN 55379 496-7686 Z�. pZ�Gr2blrll�� P i� A14- Urban Deer Management - Twin Cities Metro Area Proposed Schedule of Activities September 1 Apply or request special permits R October 1 Special permits issued November 1 Deer control under special permit can begin March 15 Deer control under special permit ends ' unless under extenuating circumstances April 1 Aerial survey data and maps, reproductive information, ' and mortality information provided to DNR area office May 15 DNR to submit deer population status report and deer control recommendations back to permit holders ' July 15 Annual meetings held to review requests for current year special permit requests NORTH METRO (Anoka, Ramsey, Washington, N1/2 Hennepin County) MANAGER: Bob Welsh 296-3450 r 5 YLTN[L ST #&A CIS Asst. Manager: Kathy DonCarlos 296-3450 ' I [AST B[iNEI LINWOOD SOUTH METRO (Carver, Dakota, Scott, I \V\r BURNS i OAA GROVE ' S 1/2 Hennepin County > Manager: Diana Regenscheid 496-7686 i 010114** NORI H METRO OFFICE ColuMBuS AMOOYf■ HAMLAKC URBAN WILDLIFE OFFICE I ANOKA CO. I � RAMS[Y (Metropolitan Area) I FONLS!T�L A I NEW SCANDIA FOREST LAKE Manager: Michelle cc,•�-�Nvr,Tl 77.2-7981 .r✓ 4--n— AN RA LIMO LAKES MARINE HA$$AN DAYTON CHAMPLIN COON RAPIDS [A3 BLAINE C[M TIRYILL[ •%/r, 7 I MAY �1L fl HUGo I HAMOVtN LLKIMGTOII CIRCLE PINES WASHINGTON CO. ` GR[[MflflD CONCONAN MAPLE GAOV[ OSS90 1(MOVNOf slyodivIEW —r----- BROOKLYN FAX 1'VIEW NONTN 27 jl 2 I STILLWATER 12• OAKS WHIT[ BEAR OCKFOAD FRIDLCT HENNE N CO. uooKLT„ NEW L KL GRANT CEMVADNAiS 7[R IHEIGHT$ A L RIG N70M IORLTTO- C f7Al' 013 ARDEN 25 2 02 fill WATLE IA HILLS 1 MEW _ M[DIMA ILYMOUIN DPt 30 � I IND[IEMOLNC[ 10 [sl LliilE • I - HADEN ■Of[VILL[ANASiD AUL N AIL[ PLAIN V�MAIlEw000 LARCBATTOWN 16 17 !OAXDA ECMOVALLLT g_ _ XG tAK ®WES-7Y7 WAY AT I RAMSEY CO. LAKELAND otoxoi �'/A i[ETOwM MINM[TONRA LAK[LAND 1Y I MIMN[TEIST 7 n ST. LOUIS SAINT PAUL PARK MINNEAPOLIS 3� )LLYW000 'I WATER TOWN 9 2 _/�/� DLEPMAY[X OIKINS & ST. CL01K L[ACH ' i 19 WEfT WOODLUR 3 ST RONIFACI _ [DINA1 PAUL AIT.. MAYCR \1 •• 18 SOUTH iCNMANT _ ---- RICHFIELD AIR? OITT M[XDOTI. ST. N[ T Ili' N1IGHTf UM SH AUL CTO■ CHANHASSEN k L :AMOEN I WACONIA LAKETOW I [DEN IRAIRIL ST. L WACONIA AR ALOOMINGTOM INVER GROVE CARVER Co,, GROVE I NLIGNTS [ADAM COTTAGE GROVE DENMARK }----- 20 ToLING I cHAsxA DAKOTA CO. AMERICA RIC i AKOP[L rOOD 1 I CARVE N SON BURNSVILLE COLOGH DAH SAVAGE NG AMERICA I BENTON i �, , _ (R PRIOR APPLE VALLEY EOS(MOUMT INGER `�R O �- LOUISVILLE LA 1EIR -- HASTINGS BURG ' , ` J •COUSI` —'t•---- — � DA —r I SAN FRANCISCO I ' J ANC CK VERMILLION- I RAVES L - -- -� I 1 LAKLYILLE �SAND CREEK I SPRING LAKE I CREDIT I EMPIRE i a I MARSMAN RIVER G; IAEMIN CTON I VERMILLION 17(A Si. LAWgENCEI lONDAM SCOTT CO. 1 , LtIIL ILAIMI � �--- i - — — NI I--_• -- — — I NEWMARKET •1 I I NA�OM LNEM iRl[E I1����--J��11II SLAXELEY ( BELLE PLAINE i HELENA CEDA. LANE i I EUREKA I CASTLE ROCK i i I MI[3Vllltl NEW MARKET I I HAMPTON DOUGLAS 1 1I I M[yWiNAGU[I I LKO RANDOLFH 1 MILES S 10 15 20 25 GREENVALE IWATERF/OPO r I SCIOTA -- I SPRING PARK 9 AIDUXD 17 FALCON M91GHTS 25 GLM LAKE - _ •• •- - 2 ORONO. 10 40SM117DAL[ ID MINDOTA 26 LIRCHWODD ANOKA 3 111 MtYONKA BEACH 11 SPRING LAKE PARK 19 LILTDALf 27 WHITE BEAR — County Boundary t TOxKA LAT 12 U. 3. GovT. 20 GREY CLOUD 2E AATPONT DRONO 5 EKCILSIOt - 13 HILLTOP 21 LANDFALL 29 WILLLNNII Municipal Boundary 6 ,AEINW000 14 COLUMBIA HEIGHTS 22DELLWOOD 30 OAK PARK HEIGHT$ CAMDEN 7 WOODLAND 15 ST. ANTHONY '23 PIM[ SPRING! 31 LAKELAND $NOAEf ---Township Boundary 2 MEDICINE LAKE 16 LAUDtADALC 24 MAHTOM[DI 32 ST MARY'S POINT L = Jon M. Parker P;T._ ; g .� ;r Environmental and Wildlife Consultant t 18655 Mushtown Road Prior Lake, MN 55372 (612) 447-8487 AERIAL DEER SURVEY Mendota'Heights, Sunfish Lake, Dodge Nature Center FEBRUARY 24, 1997 - -S ummary.:; -1. Deer numbers within,'.Mendota Heights declined 60 percent.: r 2. Deer numbers in Mendota Heights, Sunfish Lake- and Dodge. Nature Center k combined were nearly the' same as in:1996. (8% decrease) & Changes in"deer numbers were 'likely' due .to changes in deer activity pat- - ;terms and the deleterious effects of -1996's -harsh winter. ' 4.' • Deer are not using the Somerset neighborhood .at present. 5. ' There are enough deer in the vicinity'of Som erset,`Dodge Nature Center.-.,.. and Sunfish Lake to cause significant damage to vegetation and. property." 6. Recommendations: a. Repeat survey next winter, .if Ft. Snelling and others do `surveys-. ; b.' -Do not attempt deer control this winter. ' . Success is unlikely," ; c. Have DNR and Bow -hunters evaluate the..potential for: a successful , , Fall 1997 hunt. ' - d. " Plan winter deer control with baiting if Fall hunt if not feasible. 1997 Survey Results The 1997 Mendota Heights aerial deer survey was conducted using a 2 -seat heli- copter with pilot and observer: We counted deer between 9:12 and 10:25 a.m. in excellent flying and observation conditions (Appendix I). The survey, consisted of complete transect coverage of areas which have beer4.consistently surveyed by the Department of Natural Resources since 1990. When deer -where sighted, we circled the aircraft to gain a complete count of deer in that location. Dodge Nature Center and the city of Sunfish Lake were surveyed during the same flight. I counted 24 deer in the City (survey map attached). Assuming that observability was between 75 and 100%,. I estimate the deer population within the City to be 24 to 32 deer (Table 1). In addition, I estimate that there were an additional 24 to 32 deer on the Dodge Nature Center property east of Delaware Avenue. I counted 84 deer in the City of Sunfish Lake, all south of Salem Church Road. No survey was done in Fort Snelling State Park. I observed no deer in the Somerset area (bounded by Marie, Delaware, Wentworth, and Dodd). I overflew much of the area twice and saw little if any tracks or sign of recent deer use. The deer were concentrated in 3 areas: Augustana Lake, south end - 10 deer; ,.southeast comer, I-494 at Delaware - 7 deer; and east of I -35E between Marie and Highway 110 - 7 deer.. - - Deer Population Trend ' The results of aerial deer surveys from 1990 through •1997 are presented in� Table 1. The observed deer'population within the Mendota Heights city limits declined nearly 60 percent from 1996. Deer which. were observed north of Highway 1110 declined about '70 percent while those south of 110 declined about 50 percent. Dodge Nature Center's deer increased by. 9 percent; Sunfish Lake's increased by 38 percent (from 61 to 84 observed). Overall, the number of deer observed in the vicinity, of Mendota Heights declined by only 12 .deer, or 8 -- percent from 1996. .Analysis The decline -in deer observed in- Mendota Heights is probably the- result of 2 factors:` 1. Redistribution of deer in .the vicinity in' relation to food and cover, _ ayailability;' and 2. Survival declines and mortality increases associated with the winter of 1995 - 96. It appears that the declines in Mendota Heights deer are nearly offset by increases in Sunfish Lake and Dodge Nature Center. This suggests a redistribution of deer. Thus the'overall population is practically the same as ' last year. There is uncertaintyin this analysis due to the absence of surveys in Fort Snelling State Park and Eagan. ` I believe that last year's early, heavy snow and cold temperatures lowered the survivay.te of 1995's fawns and, reduced the' fawn production and possibly survival in 1996, Most aerial surveys performed in the Twin -Cities Metro Area this year showed stable or declining numbers, of deer. Prior to this year- most, populations were increasing. Deer, observed near the Somerset neighborhood declined by 5 deer from 1996. Deer may be' wintering outside this area in `response to feeding,, but no specific' feeding sites mere observed. Very little,:if any, fresh tracks were seen in the Somerset area. Recommendations - I recommend that the aerial deer survey be done again in the winter of 1997 - 98, _ especially if Fort Snelling State Park, Eagan, Dodge Nature Center and Sunfish Lake are surveyed. I do not recommend that deer removal be • �-attempted in the Somerset area this winter. The* absence of deer sign indicates that the efforts would likely be unsuccessful, even if bait were used. However I believe that there are enough deer in� the vicinity to cause damage to natural and landscape vegetation. Therefore I would recommend that the City contact the .Metro Bow -hunters Resource Base (MBRB) to evaluate the possibility of a successful hunt in the Fall of 1997.. If deer ,and human activity patterns preclude a successfiil Fall harvest, I recommend that the City work with. MBRB , and the Department of Natural Resources to implement a winter *deer control program., The area will need to be heavily baited prior to,control to insure the 1 . presence of deer., ` { . Prepared bYr I ' _ '• _ " .. Jon M. Parker f _ March 19.1997 ' ` ' . � , a - J' - -_ •,• `' w -'`. .,fie .... -, ' ^Y `. APPENDIX I... '. Survey Conditions �Aircraft: "Robinson R-22 ID# N4065X owned.by Helicopter Flight, Inc. Pilot: :Elliot Gundry .Observer: Jon Parker Flight Time: 0850 1150 am - 3 hours total flight Sky: Clear; Temperature: =1 to +10 -degrees -F.; Snow Cover: 6 to- 7 inches. with new snow on 2/22; Wind: Northwest at 0 - 5 -knots; " Overall Conditions: "Excellent. Cost ; Helicopter rental' cost:*' 1.5 -hours @ $158 per hour $237.00 Deer Turvey, observer'cost: 1.5 hours @ $32 per hour = %8.00--. Preparation and reporting cost: 3.6 -hours @ $32.00 per hour = $ 115.00 Total cost: $400.00-- _ Table 1. Observed and estimated deer numbers in the city of Mendota Heights, including Fort Snelling State Park and lilydale, 1990 - 1997a SURVEY DATE SURVEY AREA 2/97 3/96 1/94 1/93 2/92 1/91 2/90 MENDOTA HTS. "CITY" # . Count 24 59 63 50 22 24 ## 4 Estimate 32 79 84 67 29 32 5 Area (sq. miles) 8.8 8.8 8.8 8.8 8.8 8.8 9.2 Deer per square mile 3.6 8.9 9.5 7.6 3.3 3.6 0.5 LII.YDALE Count 0 0 4 0 0 0 No Count Estimate 5 Area 0.4 Deer per square mile 12.5 FT. SNELLING ST. PARK' Count No count 0 0 24 0 14 22 Estimate 32 19 29 Area 2 2 2 Deer per Square mile 16 9.5 14.5 'TOTAL Count 24 .59 67 74 22 38 26 Estimate ' 32 79 89 99 29 51 34 Area 8.8 8.8 11.2 11.2 11.2 11.2 •> a 11.2 Deer per square mile 3.6 8.9 7.9 -8.8 2.5 4.6 3 a No survey was done in 1995. # Includes Lilydale (0.4 sq. miles) and Mendota. ## Includes 1 deer in Lilydale. " Only'that portion of the Park in or adjacent to Mendota Heights 4 X VO4 (ty 19cl 0A6Z6WG4-: —T. AC TOWER 1.0 MILES N.E. OF MENDOTAI AND CHESTNUT ST. IN ST. PAUL 15 ;OIN rLY OWNED BY THE C.A.ST.P. & P R.N. AND THE CAN.W -2Y. THE LATTER BEING THE OPERATING COMPANY re _Lake .. ... .. .... U NOTE: OLD MENDOTA HISTORIC SITE CONSISTS OF THE NORTHWEST QUARTER OF SECTION 27 AND THE , 0RTHEASr QUARTER OF SEC -,ICN 28, 28 N R2 W z O A% of/- C14 35 5 1PIKE ISLAND > giSSISS R 23 i4NOOTA HISTCqIC //7 DISTRICT HISTORIC TORIC0 SIE pcp 2. 25 moo1*,� NEW -!OPE �e—q:::::A u us ra 't, HISTCRIC SITE 0 Lake 27 Lake SNELL24G 421 114 ? re _Lake .. ... .. .... U F-A.U. 19 M 13 P417 F-A.U. 19 M 13 HISTICRICAL PARK n *11 9, Yii PART OF 13 MINP46APOLM INTERNAno AIRPORT A31 X., Lema7 Rode: s Lake Lik fi 9 . A SIR 35 > //7 25 421 114 ? 0 A\Jl� 11, . -.31 . l ::*,:.,��, -A - un., r r --r— . Lak NIDOTA wAn- HISTICRICAL PARK n *11 9, Yii PART OF 13 MINP46APOLM INTERNAno AIRPORT A31 X., Lema7 Rode: s Lake Lik fi 9 . A r, R A M S Picker I ST. Tact A46eC _Lake ` Ceor 44°55' 4.' 45 : 13 6 149:::::::::: �O O ,:J. : k 4 ®UTLE :. '° : LILY :�';�;I��� ••:�:•13 X. y;POP.417 TION OF RAILROAD BETWEEN CLIFF (AN INTERLOCKING A i N.E. OF MENDOTA) AND CHESTNUT ST. IN ST. PAUL y :> = :< ED BY THE C.M.ST.P. 8 P.R.R. AND THE C.3N.W.RY. i THE OPERATING COMPANY. 35E . 8 :: NOTE: OLD MENDOTA HISTORIC SITE CONSISTS OF t,3N THE NORTHWEST QUARTER OF SECTION 27 AND THE..45 Q� NORTHEAST QUARTER OF SECTION 28, T 28 N. ` :' ::'� ` i R 23 W. C/ 0•y • .� �- 3 'v \ ;w �• Z �" .� FA.o WENTWOR ,` �� ti}';k: y ��?,moi �� I . A. 10, ~ _T fry: 13 c >: I • ,;;;5 -his•:•::•: j 45 - ,PIKE IS t 1 *:;;� i� 4 1 S s 1 P ,. 43 :::::•: l C di - O AAENDOTA 0 I tt HISTORIC DISTRICT �j > 1 35E 1 I 2-17 :�: ry'. ENDO ITA HISTORIC � 1.0 110 L >F MENDOTA RD. 0.9 :� :•.i:::'• > d ::AugustarE 27 ke :wr�T TT— 1�►�T—TTt T--T T-T—'K' T——T—T�.:.Toe T—`Sur 31 C�(OTA L4 wAG I WHEEL TRAIL HEIGHTS r I 55 �le ff POP. 728843� 0 emay Rogers �T : -t r \ Y PART 13 MINNEOAPOLIS, Lake o Lake r ' 33 ' ST. PAUL x 35 INTERNATION �� • ti J AIRPORT S1 %� I \r < fQ a MENOOTA 00 HE!G►ITS R0. 1: :. :* 494 ,;..::: i r .0 " .y 0/ v � 3 � s � c� f 149 1 CITY OF MENDOTA HEIGHTS MEMO October 2, 1997 TO: Mayor, City Council, City Adminis f " FROM: Kathleen M. Swansoni N� ) City Clerk SUBJECT: Council Recording Secretary INFORMATION At City Council's last meeting, Council tabled action on a memo regarding retention of a recording secretary for City Council meetings until the October 7 meeting when all Council members would be present. Council also desired additional information. DISCUSSION The purpose for contracting recording secretarial services is to allow me to spend more time on other significant responsibilities that I have absorbed over the years. Included within those duties are the following: preparation of the "Heights Highlites;" management of the administration/engineering/utility computer network; implementation of the city's records retention program; and data practices. It will also allow me more time to work on two major projects — telephone system upgrading and ordinance recodification. There is simply not enough time available to give as much attention to these duties and projects as is necessary. As an example, the newsletter should be distributed on a quarterly basis, but it has been a struggle to publish'three issues a year. Recodification is projected to be a two-year project, with considerable demands on my time. My recommendation is that Council authorize retention of a recording secretary to attend regular Council meetings, take notes and prepare draft minutes. I will continue to attend Council meetings and take abbreviated notes for use at the follow-up staff meetings that occur the morning after Council meetings. I will also review the draft minutes and make adjustments where necessary. RECOMMENDATION I recommend that Council authorize staff to enter into an agreement for Council recording secretarial services with Public Record Service for its quoted hourly and per page rates. ACTION REQUIRED If it is Council's desire to retain a firm to provide recording secretarial services and Council concurs in the foregoing recommendation, a motion should be made to authorize entering into an agreement with Public Record Service for its quoted rate of $22.00 per hour and $5.00 per page. CITY OF MENDOTA HEIGHTS MEMO August 28, 1997 "yV TO: Mayor, City Council, City Admiiustrator FROM: Kathleen M. Swanson %o City Clerk SUBJECT: Council Recording Secretary IhImel aT/arImgI At City Council's goal setting workshop this past spring, Council received and discussed five year plans submitted by the city department heads. It is my understanding that one item which received Council's consensus in the administration plan was the retention of a contracted recording secretary for City Council meetings. In response, I have contacted two funis for quotes for Council consideration. DISCUSSION As Council will recall, during the Administrative Secretary's leave of absence last summer, the city contracted with a secretarial service (Time Saver) to prepare the minutes of Planning Commission meetings and Council meetings during the election period. I have requested and received a proposal from Time Saver for Council recording secretary services. I have also requested a quote from a second firm, Public Record Service, which provides Council recording secretary services for the Cities of Vadnais Heights and Shoreview. Both proposals are attached. Time Saver quoted a rate of $21.00 hour per meeting plus one half hour, and $9.25 per page for draft minutes. Public Record Services gives the option of $22.00 per hour of meeting time plus $5 per page or a flat rate of $190 per meeting. Historically, minutes of Mendota Heights Council meetings generate three to five pages of minutes for every hour of meeting, depending on the complexity of issues and length of agenda. Based on an average of four pages per hour, the charge for Time Saver for attendance at a four hour Council meeting and preparation of a draft set of minutes would cost $242.50. Public Record's charge would be $168. Although Time Saver did a good job for the city last year, the rate charged by Public Record is considerably lower. I have received excellent references for Public Record from the two cities it services. Since there are so many variables, such as length of meeting and the level of detail Council may require, perhaps the flat rate of $190 per month offered by Public Record Services would provide the best value to the city. For the present time, however, I believe it would be more appropriate to retain Public Record based on its hourly/page rate to develop a cost history. Recording secretarial service can be financed through the Administration Department temporary personnel line item. For 1997 and 1998, this line item is $10,000, and approximately one-half of that amount would be needed to fund the secretarial service cost annually. RECOMMENDATION I recommend that Council authorize staff to enter into an agreement for Council recording secretarial services with Public Record Service for its quoted hourly and per page rates. ACTION REQUIRED If it is Council's desire to retain a firm to provide recording secretarial services and Council concurs in the foregoing recommendation, a motion should be made to authorize entering into an agreement with Public Record Service for its quoted rate of $22.00 per hour and $5.00 per page. August 28, 1997 Ms. Kathleen Swanson City Clerk City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Ms. Swanson: 6098 17th Street North Oakdale, MN 55128 Thank you for the opportunity to submit a quote in application for the position of Recording Secretary for the City Council of Mendota Heights. Enclosed also is a brief resume of relevant experience and education. Please feel free to call the supervisors listed for references. The method I use to take notes is with a court reporting machine. I do not provide verbatim transcripts but use these detailed notes to provide comprehensive summaries of meeting agenda items. This method also allows me to readily identify speakers during meeting discussions and at public hearings. I thoroughly enjoy my work and rarely miss a meeting. My main goal is to provide a concise, complete record of your public meetings in the format of your preference. I am also willing to produce quick drafts of individual discussion items that may be needed before the usual deadline for the minutes. Compensation for my work in Vadnais Heights and Shoreview has been in two forms, either of which would be acceptable to me: 1. Vadnais Heights pays an hourly rate of $22.00 to attend the meeting plus $5 per page for the minutes. I provided a hard copy draft with a disk copy in their word processing software for staff to make any additions, deletions or corrections by the City Administrator. 2. For budgeting purposes, Shoreview prefers to pay a flat rate of $190 per City Council meeting. I provide a hard copy draft, make any additions, deletions, or corrections by the City Manager and resubmit a final hard copy in time for the Council packet. Given a choice, my preference would be the Shoreview method of payment because there would be no concern or question about the number of pages in the minutes. Thank you for taking the time to review my credentials. I am confident that my five years of experience would serve you well. I look forward to hearing from you. Sin rely, Teanne Guebl 4 4ui Y_ :. 7�neSaver July 29, 1997 Ms. Kathy Swanson City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Kathy, It was great to hear from you again. Thank you for requesting a recording secretary bid from TimeSaver Off Site Secretarial. I am happy to be able to offer the City of Mendota Heights a Recording Secretary Service Agreement for the same rates as last year. They are as follows: MEETING TDAE: $21.00/Hour (meeting time plus V2 hour - minimum of 1'h hour). MINUTES:- $ 9.25/Page for draft minutes (you make final revisions via disk). The above quoted rates are based on the Council minute format which we used last summer. You already have a copy,of our standard Recording Secretary Service Agreement, dated June 11, 1996, and signed by Kevin Batchelder. If approved, I would suggest using the same document and just revising the term. As you already know from our past association, TimeSaver is very flexible in meeting the needs of City Councils, Commissions and staff. We would really enjoy the opportunity to work with your staff and City Council. Please send my regards to Kevin. I look forward to receiving your response. Cordially, lhl�'J Carla Wirth Owner P.S. Kathy, I'm sending you a list of our current municipal clients, which has changed since last year. Please feel free to call them for references, if desired. 277 Coon Rapids Blvd - Suite 110 - Coon Rapids HN 55=133 - 612-785-2163 - Fax 785-1167 320 East Main - Anoka, MN 55303 - 612-421-8999 - Fax 421-9511 L"AlrdL9130-1 W1111"M; October 2, 1997 To: Mayor and City Council �1 From: Kevin Batchelder, City Admk strait / Subject: MASAC Representatives and Alternates 0104LIPPRIM At a recent MASAC Executive Committee meeting, a question was raised about Mendota Heights' representatives and alternates on the committee. Mayor Mertensotto is our designated member and I have been designated his alternate. In order to clarify any misunderstandings, a formal resolution announcing all our appointments and alternates to the various MASAC offices and committees has been prepared for Council consideration. (Please see attached resolution.) Currently, Mendota Heights has one seat on MASAC, as well as appointments to the MASAC Operations Committee and the MASAC Executive Committee. Councilmember Jill Smith is our MASAC representative and Mayor Mertensotto is our alternate. Mayor Mertensotto is our designated representative on the MASAC Operations and the MASAC Executive Committees and I serve as his alternate on these two committees. According to the MASAC bylaws, the appointing authority (Mendota Heights) shall file in the office of the corporation (MASAC) a notice of the appointment of such designated representatives, setting forth their names and mailing addresses. Thereupon, representation on the Council will be confirmed by issuance of a certificate of membership to each such representative and/or alternate representatives. (Please see attached bylaws.) F4X1"-AC9)M-9--01111J-K0kC If Council so desires, they should pass a motion to adopt Resolution No. 97-_, A RESOLUTION DESIGNATING THE CITY'S OFFICIAL REPRESENTATIVES AND ALTERNATES ON THE METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97- A RESOLUTION DESIGNATING THE CITY'S OFFICIAL REPRESENTATIVES AND ALTERNATES ON THE METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL WHEREAS, the City of Mendota Heights has one public representative on the Metropolitan Aircraft Sound Abatement Council (MASAC); and WHEREAS, the City of Mendota Heights has one public representative on the MASAC Operations Committee and the MASAC Executive Committee; and WHEREAS, the City of Mendota Heights, as the appointing authority, shall file with MASAC a notice of appointment of our designated representatives on the MASAC and its various committees. NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Mendota Heights that the following persons are duly appointed to represent the City of Mendota Heights at all, or any, MASAC meetings or committees: i Jill Smith, Councilmember Charles Mertensotto, Mayor Kevin Batchelder, City Administrator Scott Beaty, Chair of Advisory Commission Joe Leuman, Vice Chair of Advisory Commission 2. MASAC Operations Committee Charles E. Mertensotto, Mayor Jill Smith, City Councilmember Kevin Batchelder, City Administrator Public Representative Alternate Alternate Alternate Alternate Member Alternate Alternate 3. MASAC Executive Committee Charles E. Mertensotto, Mayor Member Jill Smith, City Councilmember Alternate Kevin Batchelder, City Administrator Alternate Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen Swanson, City Clerk BY-LAWS METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL KNOW ALL MEN BY THESE PRESENTS: ARTICLE I Corporate Powers The corporate powers, business and property of the corporation shall be vested in and exercised, conducted and controlled by the membership of the corporation through the USER REPRESENTATIVES and PUBLIC REPRESENTATIVES, all as hereinafter provided, with exercise of said powers by the membership and through its corporate officers and the Executive Committee pursuant to the terms hereof. ARTICLE II Membership i (1) The Council membership, as set forth in the Articles of Incorporation, shall consist of the officially designated representatives or, in the absence of designated representatives, the alternative representatives, with authority to act upon all matters within the purview of the corporation's Articles of Incorporation and By-laws. (2) Upon appointment of the officially designated representatives by the governing board or executive head of agencies, corporations, associations and governmental bodies in respect to USER representations, and by the governmental units in respect to PUBLIC representation, the appointing authority shall file in the office of the corporation a notice of the appointment of such designated representatives, setting forth their names and mailing address. Thereupon, representation on the Council will be confirmed by issuance of a certificate of membership to each such representative and/or alternate Revisions made June 13, 1997. 1 representative. (3) Representatives and alternate representatives shall be appointed to serve for two (2) year terms and until their successor is appointed. Vacancy, arising by reason of death, resignation, disability to act for the member by whom appointed, or for any other reason, shall be filled by the appointing authority for a new two (2) year term commencing with the date of appointment of such successor representative. (4) The composition of the Council representative subject to later amendment of these By-laws is as follows: USER REPRESENTATION 8 Representatives from the scheduled certified airlines using the Minneapolis/St. Paul International Airport. 1 Representative from the Minnesota Business Aircraft Association (MBAA) 1 Representative from the Air Line Pilots Association (ALPA) 1 Representative from the Minneapolis/St. Paul Metropolitan Airports Commission (MAC) 1 Representative from the St. Paul Area Chamber of Commerce 1 Representative from the Greater Minneapolis Area Chamber of Commerce 1 Representative from the Air Express/Overnight Express Air Carriers 1 Representative from the Charter Air Carriers 2 Representatives from the Cargo Air Carriers Revisions made June 13, 1997. 2 PUBLIC REPRESENTATION 4 Representatives from the City of Minneapolis 3 Representatives from the City of St. Paul 2 Representatives from the City of Richfield 2 Representatives from the City of Bloomington 1 Representative from the City of Mendota Heights 1 Representative from the City of Eagan 1 Representative from the City of Burnsville 1 Representative from the City of Inver Grove Heights 1 Representative from the City of St. Louis Park 1 Representative from the City of Sunfish Lake Changes in the composition of the Council or in the user and/or public representation thereon, through amendment of the Articles of Incorporation and/or the By-laws, shall be entertained to permit active participation of additional members in the USER or PUBLIC categories or as may be required to reflect material changes in the population or directly effected governmental units or change in the impact on governmental units by reason of changed flight patterns. (5) In addition to the designated USER and PUBLIC representatives and their appointed alternates, non-voting membership to the MASAC should include the following two (2) categories: A. MASAC ADVISOR Officially recognized organization or agency that directly deals with aircraft noise abatement programs to include: Air Transport Association of America (ATA), Federal Aviation Administration (FAA), Minnesota Air National Guard, U.S. Supplemental Carriers, U.S. Air Force Reserve, a Commissioner from the Metropolitan Airports Commission (MAC), and any other organization or agency with majority approval by the Council. Revisions made June 13, 1997. B. MASAC ASSOCIATE 1. Associate Public Member Representative appointed by the governmental units not immediately surrounding the airport, but within a five (5) mile radius of the airport and affected by operations to, at, and from the airport. 2. Associate User Member Representatives of scheduled airlines serving the airport with jet aircraft who are not USER representatives. 3. Associate Individual Member Person(s) with a minimum of five (5) years experience serving on MASAC who have retained an active interest in an advisory capacity. Associate Individual Members are recommended by the Executive Committee and approved by majority vote of the Council. ARTICLE III Powers and Duties of Membership Subject to the voting provisions herein set forth, the membership shall have the following powers and duties: '(1) To appoint and remove at pleasure all officers, agents and employees of this corporation, other than representatives; to prescribe such duties for them as may not be inconsistent with the law, the Articles of Incorporation or these By-laws; to fix their compensation; and to require from them security to faithful service. (2) To conduct, manage and control the affairs and activities of the corporation, relating to the alleviation of the problems created by the sound of aircraft using Minneapolis/St. Paul International Airport - Wold Chamberlain Field, and as more fully set -out in the corporation's Articles of Incorporation, and to make such recommendations therefore, not inconsistent with the law, the Articles of Incorporation or these By-laws, as may deem best. (3) To fix, from time to time the office of this corporation; to adopt, make and use a corporate Revisions made June 13, 1997. 4 seal; to prescribe the form of certificate of membership; and to alter the forms of such seal and certificate from time to time, as they may deem best, except as otherwise provided in these By-laws. (4) Consistent with the Articles of Incorporation, to admit members to this corporation by issuing or causing to be issued, at any time and from time to time, certificates of membership. (5) To determine and establish, and from time to time to propose and revise budgets covering the fiscal operation of the corporation in cooperation with the Metropolitan Airports Commission. The Minneapolis/St. Paul Metropolitan Airports Commission shall provide the monies necessary for the fiscal operation of the corporation as required pursuant to such budgets, and its concurrence through the vote of its designed representative shall be required on any action establishing or revising the monies required to be furnished by it to the corporation to finance its operations. (6) To borrow money and incur indebtedness for the purposes of this corporation; and to cause to be executed and delivered therefore, in the corporate name, promissory notes and other evidences of indebtedness. (7) Generally to do and perform every act and thing whatsoever that may pertain to their function as representatives; and to exercise all powers and perform all acts which this corporation can legally exercise and perform under its Articles. 5 Revisions made June 13, 1997. 5 ARTICLE IV Voting Rights of Membership (1) At all meetings of the council, attendance by seven (7) USER representatives and seven (7) PUBLIC representatives shall constitute a quorum for the conduct of business, provided that no action relating to the establishment of budget or which will result in a change in the budget shall be taken unless there are in attendance and voting thereon at least sixteen (16) representatives. (2) There shall be equal representation of USER and PUBLIC membership in the corporation, and to that end, there being an equal number of USER and PUBLIC representatives, for purposes of vote on all matters requiring a vote of the Council, each representative, both USER and PUBLIC, shall have one (1) vote, which in the absence of a representative may be his or her duly designated alternate representative. (3) These By-laws may be amended or altered by the vote of a majority of the membership present at any meeting, provided that notice of such proposed amendments shall have been given ten (10) days prior to a general membership meeting. a /_1311191INLYl Executive Committee (1) The Chairman, subject to ratification by the membership, shall appoint from the membership an executive committee which at all times shall consist of two (2) USER representatives and two (2) PUBLIC representatives who will serve with him as members of said committee for a term of one year, or until successors are appointed. (2) The executive committee may formulate a personnel policy manual which shall be formalized, presented and ratified by the Council as a whole. The personnel policy manual may be introduced and amended by majority action of the membership at any regular meeting and may be reviewed if necessary at least once a year. Revisions made June 13, 1997. 6 (3) The executive committee shall meet by direction of the Council membership or at the call of the Chairperson or at the call of any two (2) members of the executive committee. (4) The executive committee shall not be a policy making body, but shall address itself solely to administrative and fiscal matters or such other duties as the Council shall specify. ARTICLE VI Chairperson of the Council The representatives shall, by majority vote of the total representation, elect from amongst the constituency of the Council a Chairperson who shall serve for a two (2) year term or until his/her presentation on the Council terminates, whichever occurs first; and until his/her successor is elected. The Chairperson initially elected shall be from amongst the PUBLIC representatives on the Council. The powers and duties of the Chairperson are as follows: (1) To preside at all meetings of the Council and its executive committee. (2) To call meetings of the Council other than regular meetings of the Council provided for herein, which meetings will be called as he/she deems necessary or upon request in writing by any three (3) USER or by any three (3) PUBLIC representatives. (3) To sign as Chairperson of this corporation, all deeds, conveyances, mortgages, leases, contracts, obligations, certificates and other papers and instruments in writing that may require such signature, unless the membership shall otherwise direct, and except as otherwise provided herein; and to perform such other duties and tasks as these By-laws or as the membership shall from time to time prescribe. Revisions made June 13, 1997. 7 ARTICLE VII Vice -Chairperson To serve in the absence or during disability of the Chairperson, the representatives on the Council may be majority vote of those in attendance at any regular or special meeting, elect a first and second Vice -Chairperson, who shall preside at meetings of the Council, with the Chairperson's power to call meetings and who shall perform the duties and exercise the powers of the absent or disabled Chairperson. ARTICLE Vlll Technical Advisor The membership of the Council may appoint a Technical Advisor who shall be a well-qualified individual meeting as nearly as possible the specifications for the job established by the Council and enunciated under the personnel policy manual, who shall receive such pay as the Council determines within budget limitations. He/she shall serve at the pleasure of the Council as the Chief administrative office of the Council and he/she shall have such duties and shall exercise such authority as the i membership directs, including the following: (1) To prepare the agenda for meetings of the Council which shall in any event include any items for considerations proposed to him/her in writing by any USER or PUBLIC representative. (2) To keep a full and complete record of the proceedings of the Council and of the meetings of the members, to keep the seal, books and papers of this corporation, and to affix the seal to all instruments executed by the Chairperson or, by direction of the membership, to all instruments that may reasonably require it. (3) To maintain an up-to-date roster of Council membership and of the representatives of each member agency, corporation, association, governmental body and unit including the date of appointment and time of service of each such representative. He/she shall inform each member as to the termination Revisions made June 13, 1997. 8 of the term of service of each representative, no less than thirty (30) days prior to such termination. (4) To sign, in conjunction with the Chairperson or, in the absence of the Chairperson, in conjunction with one of the Vice -Chairpersons, all certificates of membership, drafts, and other documents, unless the Council shall otherwise direct, and except as otherwise provided herein. (5) To make service and publication of all notices that may be necessary or proper, without command or direction from anyone. In the case of absence, inability, refusal or neglect of the Technical Advisor or the Council's Designee to make service or publication of any notice then such notice may be signed, served and published by the Chairperson or, in his/her absence, by any Vice -Chairperson, or by any person thereunto authorized by any of them or by the Council. (6) To receive any monies belonging to, or paid into, this corporation and to receipt for the same, and to deposit so much thereof as may not be needed for current expenses or uses with such depositories as the Council may designate. (7) To maintain full and complete account of all financial transactions of the corporation, in form and content, as prescribed by the personnel policies manual. (8) To be administratively in control of the Noise Abatement Office which shall be the administrative office of the council, employing and in charge of subordinate employees within said office as required and at and from said office to receive, process and investigate compliants and thereat and a therefrom to be in administrative control of the operations of the Council under the corporation's Articles and these By-laws. ARTICLE IX Negotiable Instruments Checks and other negotiable instruments executed by this corporation shall be signed by the following: Chairperson of the Council, or in his/her absence and Vice -Chairperson, and the Technical Advisor or the Council's Designee or any two (2) representatives designated by resolution of the Council. Revisions made June 13, 1997. 9 a ARTICLE X Technical Studies (1) The Council of its own determination or at the request of the Technical Advisor or the Council's Designee but within budgetary limitations may retain the services of independent technical experts and consultants as deemed necessary in the performance of its corporate functions. (2) In aid of the corporation's corporate purpose, the Council may ask agencies, corporations, associations, governmental bodies, to make available to the corporation, technical advice, and the services of their technical personnel reasonably required for the purpose of studies instituted by the council. (3) Studies and reports of technical personnel retained by the Council for such purpose shall be available to the Council in aid of its performance of its corporate functions but shall not constitute studies or reports of the council unless duly adopted by it. (4) Unless and until the Federal Aviation Administration, the Federal Agency having jurisdiction over aircraft flight control at the airport and over certification of aircraft, becomes a member of the corporation and designates its representative to the Council, the Council shall seek and invite its participation as an observer and in an advisory capacity. i Revisions made June 13, 1997. 10 ARTICLE XI Council Meetings (1) The Council shall determine when its regular meetings shall occur which shall at least be on a quarterly basis. If any regular meeting day falls on a Saturday, Sunday or holiday, then the meeting shall occur on the next business day thereafter. Special meetings of the Council shall be held on call as heretofore provided. (2) The Technical Advisor or the Council's Designee shall mail notice of general or special meetings of the Council as by law required prior thereto to each representative at his/her mailing address currently on file with the corporation. Such notice shall set forth the agenda of the meetings and no matters requiring Council action may be considered which are not on the agenda unless the Council, by majority vote of representatives in attendance, elects to consider such matters. (3) All meetings shall be held at the offices of the Council or at such other place or places as from time to time the Council by majority vote of representation in attendance at a meeting determines. The place of meeting or alternative place of meeting shall be set forth in notices of meeting. i Revisions made June 13, 1997. 11 Mendota Heights Police Department MEMORANDUM September 25, 1997 TO: Mayor City Council City Administrator FROM: Dennis Delmont Chief of Police XD Subj: Acting Police Chief I am recommending that the City Council appoint Sgt. Donn Anderson acting Chief of Police effective November 1, 1997 for the period between my departure and the appointment of a successor. Sgt. Anderson is the senior supervisor in the police department and has been in charge during several of my absences. He is level-headed, very aware of the day to day operations of the department and is respected by the other members. Upon your approval, I will spend some time with Donn to fill him in on current events in the department and in the city. I also fully expect that the other members of the department will cooperate to their fullest. Commensurate with the additional responsibilities and duties, as well as the change in his working schedule, I would further recommend that Sgt. Anderson be paid at Level D of Grade 35 of the pay matrix during the period he serves in the capacity of Acting Police Chief. This would result in an increase of approximately $226 per month. CITY OF MENDOTA HEIGHTS MEMO October 2, 1997 TO: Mayor, City Council, City AdmiksWr FROM: Kathleen M. Swanso*�k& City Clerk SUBJECT: Permanent Appointment of Amy Griffin INFORMATION On October 14, 1996, Amy Griffin was given probationary appointment to the position of clerk -receptionist in the Administration Department. Amy will complete her probationary period on October 13. DISCUSSION The primary responsibilities of the clerk -receptionist position are to greet individuals at the front reception desk and to answer and route telephone calls. The receptionist is also responsible for processing building and trade permits and contractor licenses. Additionally, the receptionist performs clerical duties for the code enforcement officers and others as needed. Over the past year, Amy has learned the primary responsibilities of her position well with a minimum amount of training and supervision. She interacts very well with the public and city staff ant has been a conscientious and diligent employee. Amy has done an excellent job for the city during her probationary period. I am confident that she will continue to learn and grow in the position, and that she will continue to be a valued member of the city staff. RECOMMENDATION I recommend without hesitation that Amy Griffin be granted permanent appointment to the Administration Clerk -Receptionist position and that she be advanced to Step C, Level I of the city's salary matrix, effective on October 14, 1997. ACTION REQUIRED If Council concurs in.the recommendation, it should pass a motion to grant permanent appointment status to Amy Griffin as Administration Department Clerk -Receptionist, effective on October 14, 1997 with advancement to Step C, Level I of the city's salary matrix. October 1, 1997 To: Mayor and City Council From: Kevin Batchelder, City A s or Subject: Patrick Hollister, Administrative Assistant Successful Completion of Probationary Period Patrick Hollister, Administrative Assistant, completed his one year probationary period on October 2, 1997. I recommend that City Council approve the successful completion of the probationary period for Patrick Hollister, Administrative Assistant, and authorize appointment to regular status with the corresponding wage adjustment, as per the City pay matrix. As the Administrative Assistant, Patrick is involved in just about every facet of the city's administrative endeavors. Patrick's main areas of responsibility are serving as the primary liaison to the Planning and the Parks and Recreation commissions, administering the Recycling Program, coordinating all land use planning and working on administrative duties such as special projects, personnel coordination, capital improvement planning, ordinance revisi" and community relations. In addition to his regular duties, Patrick has overseen both the Cellular Tower Moratorium and Ordinance drafting process and the Comprehensive Plan update process, including successfully obtaining a grant for the MNRRA section of the Comprehensive Plan. A few of the other special projects that Patrick has worked on over the last year include negotiation of the Tempco TIF agreement, coordinating the recruitment and selection of vacant positions including public works, engineering, receptionist, and recreation programmer positions and coordination of the annual Spring Clean Up. Patrick also took on the Recreation Programmer's duties during this position's recent vacancy, while maintaining his own busy schedule as the administrative assistant. Patrick has proven himself to be a very productive and capable assistant over the last year. He has shown the ability to take on independent assignments and complete projects in a thorough and timely fashion. Patrick is quick to take on new responsibilities and eagerly helps out in many areas. He has proven capable in the areas of skill, knowledge and ability that are required of the administrative assistant and he has proven he is a valuable member of the city staff. I recommend that Patrick Hollister be granted permanent appointment to the Administrative Assistant's position and the he be advanced to Step C, Level XXI of the city's salary matrix at $37,610 per year, effective October 2, 1997. If Council concurs with the recommendation, they should pass a motion to grant permanent appointment status to Patrick Hollister as the Administrative Assistant, effective on October 2, 1997. LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL rr�a.�csn Excavating Contractor License Tom Melling Excavating Gas Piping Contractor License Janecky Plumbing State Mechanical Inc. Hvac Contractor License Advantage Air, Inc. General Contractor License Capitol Fence Co. Inc. Johnson & Peterson, Inc. Joseph Construction of St. Paul, Inc. State Mechanical Inc. Twin City Corporate Construction, Inc. Dxywall Contractor License Midwest Superior Drywall Viking Drywall Inc. ti October 7, 1997 TO.- mayor and City council MUMS LIST SUXKaRYr Totaz claims 27.1,738.44 ' ,N,.. ; Significant Claims MCES sever 65,904 Northern States Power utilities 5;267 T � a•'S: PEIP hlth ins 12,433 Unusual Claims :''• et Sandblastings fire hydrants 8,505 Dailey a actzto J M. H. Rd trail 36,700 Dakota County Mendakota pk assmts 5,853 Struck & Irwin seal coat 68,004 Valley Paving Curley final 26,163 ti Dept 10-Adm Dept 50-Roads 3 Oct _ October 7, 1997 Claims List 15-Engr 60-Utilities Page 1 Fri 10:41 AM City of Mendota Heiohts 20-Police 70-Parks 30-Fire 80-Planning Temo Check Number 1 40-CEO 85=Recycling 90-Animal Control Teruo. Check Number Vender Name - ' ' ' Account - Code Comment s Amount s- I AT&T 01-4210-070-70 Oct Svc 14.68 1-AT&T -- - - - - 01-4210-050-5@ - Oct Svc 2.88 1 AT&T 01-4210-030-30 Oct Svc 5.33 r 1 AT&T 01-4210-110-10 ld calls 30.84 ---------1"RT&T---------------.__---------0I-=42I0=020=`0..------•---------Td-cal"Is-----••-•--------••--------•--------3:90-._.._...----- -- --•---------.'-. 5 63.63 -------Totals-Terno-Check-Number— Temp Check Number 2 ; 2 A B C Rentals 15-4200-610-60 ea rent 20.33 - Totals Temo Check Number 2 -Teruo Check-Number 3— --- _� 3' 3 A G Svsterns Inc 01-4305-050-50 solys 11.18 3 11.18 Totals Terno Check Number 3 i3s Temp Check Number 4 ,e 3s —4--A-T-&.-T-Wireless-Svcs— 01=421e 0303 -;oct-svc 24x38 „ 4 A T & T Wireless Svcs 01-4510-070-70 Oct Svc 7.10 4Zt i33 4 A T & T Wireless Svcs 01-4210-020-20 Oct Svc 12.77 12 44.25 Totals Temp Check Number 4 Terno Check Number 5 - 5 Albirison '- - '- --- - --27-4305-719-00 - --- ----- - - solys bunker hi 11 s - - - -- - - -123. 36 -- _ 5 123.36 Totals Temo Check Number-- - •5 -• - - Terno Check Number 6 6 B T Office Products 05-4300-105-15 solys 4.58 6 B T Office Products 01-4300-030-30 solys 34.12 6 B T Office Products 05-4300-105-I5 solys 33.52 6 B T Office Products 05-4300-105-15 solys 13.83 6 B T Office Products 05-4300-105-15 solys 0.52 6 B T Office Products 05-4300-105-15 rtn 1.68cr 6 B T Office Products 05-4300-105-15 solys 78.98 6 B T Office Products 01-4300-110-10 splys 78.98 48 242.85 Totals Terno Check Number 6 a Oct / Fri 10:41 m* Temp Check Number —`-` Check Number Vendor Name s Claims List City or Mendota msiahts Account Code � Comments Temp Check Number - r - - - - -- - — r Best Buy 01-4330-4e0-10 Como spl�s 191'70 splvs�'- --- �--- - '--- -438'63- ------ r Best Buy 01-4300-110-10 snlys eu'aa -- ------ 'e1 - --- Totals remo Check Number 7 � ---re=*c*ec^ m"mbe,^������----e� ----------'- --- -- ----'------'-----------'-' -----'----'- � a Bauer Built 01oarts 64'01 �-- — 'u Bauer -'--- -� --- 'parts -'---'----------- --------ae''�a----- -�' - . '' -- -_---- 16 146'19 �--_-'- ^_,-'-----.^--'^-.--_--_-------~---- --_--__--_---__------__-_-�--__-'---_-__------__-_-_'--___--_-_-'_' - ."~°^° .°=" ""°"" ~"�"�, � .' remo Check Number s , s Kevin Batchelder 01-4415-110-10 oct azzmx 120'00 �______ '_-''--------'------ ew�mw'--------- l� = Totals Temp Check Number s ' ,c -7—Temp-Checx-Number—I ^ 10 Board or water Commissioners 01-4+25-310-50 auu svc ao'aw �------10'aoaru-ur---------aun'svc,----------------'-------'--eo�am--------- 1m Board of water commissioners 15-44e5-310-60 auu svc en'ra 10 Board or water Commissioners 01-4425-315-30 a"y svc oa'aa -- -1w Board of'Water -commissiuners---ma-44e5-mwm-wm------'--' -- � '--'avu s,c'-- � ----------- --'-------'erw'ro /m Board of Water commissioners 01-4*e5-070-70 aun svc ewa'yu 10 Board of water Commissioners -- ' w�-4+e5-nnw-rw auy svc ' 1,330'53 -------- rm 1,924'e5 Totals remo Check Number ' 10 rewu Check Number 11 11 yodnet nanuulastinn 37 -*460-000-00 re fire hydrants a,owo'ww -- 11 -------- 8,505'00 Totals Temo Check Number 11 remo Check Number 1e IR Carlson sn 01-4305-050-50 soI's 154'73 ------ -- 12 1o*'ra Totals remo Check Number 12 3 Oct _ I Claims List Paae 3 Fri 10:41 AM City of Mendota Heights Temp Check Number 13 Tema. Check Number Vendor Name Account Code- Comments = Amount 13 Carquest 01-4330-440-20 cart 1.75 13 Carauest - - - ----15-4330-49@-60 -- '- parts 14.25 - 26 16.00 -- ---Totals 'Ternp-Check -Number — — --13--- --------,_..---- ---- ------------------ - - -- - _ Temp Check Number 14 14 Construction Market Data Gro 27-4240-727-00 re vict curve tr 198.80 3• - ---- -i 4-- ----- - - -- - — 198780 ---- -- - - - - -- ?. Totals Terno Check Number 14 -- --Ternp-Check-Nurnber''---- 15 ------- --- --- -- --------- - ---- - - 15 City of Inver Grove Heights 01-4435-200-70 summer youth trips 191.60 15 191.60 = t Totals Tema Check Number 15 Temp Check Number 16 :,.,r ----16 -City'-o f'- St --Pa u r @1�4305-er30=3 's o 1'ys— L-17 r2 16 City of St Paul 27-4460-853-00 svc conn pine creek 1,260.00 .a 16 City of St Paul 27-4460-709-00 svc conn curleys 1,350.00 48 2.631.12 =z.� Totals Temo Check Number 16 Tema Check Number 17 --'----17 -City of So -St -Paul'--- --''----@Y--4435-200-7@ — -- -- "'-------surnrner youth --trips- --137:45-- --- --- -- -- --- 17 137.45 - Totals Tema Check - Terno Check Number 18 Tema 18 City of W St Paul 01-4435-200-70 summer youth trips 99.80 18 99.80 - Totals Temo Check Number 18 Tema Check Number 19 19 Cole Sewell & Teresa Garlock 01-4131-020-20 Oct prem garlock 72.30 19 72.30 Totals Tema Check Number 19 Tema Check Number 20 20 Commercial Asphalt 01-4422-050-50 wear mix 312.16 3 Oct Claims List 01-4335-315-30 Fri 10:41 AM City of Mendota Heiohts 01-4335-310-50 Teruo Check Number 20 - 22 Teruo. 15-4335-310-60 22 Check 01-4335-315-30 36.90 Number Vendor Name Account Code Comments 20 Commercial Asohalt 01-4422-050-50 wear mix 20 Commercial Asphalt 01-4422-050-50 discount 60 TeMo - Check- Teruo Check Number 21 21 Cooy Sales Inc 01-4330-490-50 copier rntcn 21 Copy Sales Inc 01-4330-490-70 copier rntcn --- 21-Caov -Sales_irfc—i-- 21 Copy Sales Inc 15-43"s0-490-60 copier rntcn 21 Copy Sales Inc 01-4300-080-80 copier rntcn - "- --`21- Copy Sales Iric---- - -- --OI=r►49@-103'=09---- ----` - -- copier rntcn ' "--- 21 Copy Sales Inc 01-4330-490-10 copier rntcn 21 Copy Sales Inc 01-4330-460-30 copier mtcn ------•21-Cd'oy-SaI•es-'IYiC�-----'--'@I=4330-=4"45=40-- -----.-•"'-----cuoierintcri _.-- r --- 189 _7---T6talt-Terno-•Check--I4-urnber"------21 ---_-_----- ---- -- ------ -------- 22 Coverall 01-4335-315-30 22 Coverall 01-4335-310-50 -- 22 -Covera Tl - --"----- - 22 Coverall 15-4335-310-60 22 Coverall 01-4335-315-30 110 Totals Terno Check Number Terno Check Number 23 23 Crawford Door 23 Crawford Door 46 Totals Terno Check Number Temp Check. Number 24 24 Daily R Son Blacktooping 24 Totals Terno Check Number Terno Check. Number 25 25 Dakota County Treas-Auditor 25 -----Totals Terno Check Number extra clno Oct Svc _ --- ;Oct -Svc Oct Svc Oct Svc 01-4330-440-20 rors 01-4330-440-20 discount 23 27-4460-725-00 re mm ra trail 24 Pape 4 Amount 55.55 2. 15cr 365.56 36. 90 - �• -- 1-84. 56--- 6---36.90 36.90 - 73. 88 184.55 - 36.90 738.26 �t 557.00 - 60. 00 -------60x00- -------••------- -.._..._.._._ - 59.99 - 137.39 874.38 194.50 3.89cr 190.61 36, 700. 08 36,700.08 10-4473-000-00 re mendakota estates 5,853.46 5,853.46 25 3 Oct 7 Claims List Rage 5 Fri 10:41 AM City of Mendota Heights Temo Check Number 25 Temp. Check Number Vendor Name "' Account- Code-- `-'_'-"' Comments Amount F Temp Check Number - - - -- --- ------ -- _. _.._._ s 26 Jaynes Danielson 05-4415-105-15 oct allow 120.00 26 120.00 f Totals Tema Check Number 26 Temp Check Number 27 -' ---`27-Danko EmacV-Ea— —01=4306=030=3 ---solus 228;•00 2.7 228. Oa _ -----Tota Is-Terno-'Check-Number' C --' -- -�--- _ Tema Check Number as ,p „ 28 Davis & Laoerrnan 16-4473-000-00 re torn thumb easement 1.200.00 •—__ -�8 —ice Totals Terno Check Number 28 _- :F -:::— Ternp-Check-Number 2 29 Dennis Delmont 01-4415-020-20 act allow 120.00 29 120.093 s: q Totals Tema Check Number a9 -' Tema Check Number 30 ------30 Electro Watchman- --- ----15-4330-490-60 - ---- ----3rd -qtr-mtcn— -- --265: 19 30 265.19 - 'Totals' Terno Check Nurn ber ---- ----30--- -------- ' `- - - __ ... . . .... ....._-• _ - -.._._ _ _-..-__. -_-- Tema Check Number 31 31 Factory Motor parts 01-4330-440-20 Darts 41.56 31 Factory Motor parts 01-43:30-490-50 parts 47.46 62 89.02 Totals Tema Check Number 31 Tema Check Number 32 32 Ferrelloas 01-4422-050-50 splys 29.82 32 29.82 Totals Tema Check Number 32 Temp Check. Number 33 3 Oct - 7 Claims List page 6 Fri 10:41 AM City of Mendota Heights Teruo Check Number 33 Temp. Check Number Vendor Name Account Code Comments Amount 33 First Impressions 01-43(60-030-30 fd annl report 841.35 33 841.35 Totals Teruo Check Number 33 Temp Check Number 34 Fortis Henefits'--Ins Co' - " 01=41'32-031'=30"' - " " " oct prem "9.60 "- 34 9.60 ----Totals-Ternp Chec(<-Nuin6er- __—.34-----•------•----------------------------------•------------- -•--•--------_. Teruo Check Number 35 35 General Office products 01-4300-020-216 solys 201.8.3 = -- - -- -85 ----- -- .. -- ------ --- - --- — ----- - ---- - - ..._... ---- - -- -- - - ----- --'201: 89 - - — — -- -- - - Totals Terng Check Number 35 --_-Teruo Check--Nurnber--36-------- ---- - - - - - _ -- - - -- - .... -- - — - 36 W W Grainger 01-4330-490-50 parts 9.74 o6 -G7 -W Grain`oer - 08-=47335=000=0 --'-'-soTys — -127: 18- — 5 f -- 36 W W Grainger, 01-4305-050-50 solys 202.91roe— fit Totals Temp Check Number 36 —Temp Cfieck-N-um6er----•• 07---- - --------------- — --------- --..�.._.......-----------=�. 37 Gooher State One Call 15-4210-060-60 aug svc 3.50 37 3.50 Totals Terno Check Number 37 Teruo Check Number 38 38 Group Health Inc 05-4131-105-15 oct prem kullander 165.0116 38 165.0(6 Totals Terng Check Number 38 - Temp Check Number 39 39 Hdwe Hank 01-4305-030-30 discount 9.30cr 39 Hdwe Hank 01-4305-050-50 solys - 8.53 39 Hdwe Hank 01-4305-070-70 solus 5.14 39 Hdwe Hank 01-4305-0:0-30 solys 85.34 156 89.77 Totals Terng Check Number 39 3 Oct - _J7 Claims List Rage 7 Fri 10:41 AM City of Mendota Heights Temp Check Number 40 Tema.' Check Number Vendor Name - --` Account -Code '- - Comments Amount 40 Ikon Office Solution 01-4300-020-20 solys 180.66 40 Ikon Office Solution-_ -- '- - -05-4330-490-15 -"-" -' meter chg 6.77 80 187.43 ____--TSt'ais-Temp-Check-Number --4Qr— ------.. _ _ - -- - --- --- _- -- ---- -- ---._. -.. -- ----- - - - Teruo Check Number 41 41 Identi Kit co 01-4400-020-20 atrly rent 102.00 ---4r- -4r-Totals TotalsTema Check Number 41 --Ternp ••Check--Nurnber -42— ---- __ --- --- - - ---------- - - --- - -- - --- 42 Irish Green Irrigation 27-4460-721-00 soklr rprs tilsens 364.51 ._ 42 364.51 -� Totals Tema Check Number 42 f-._z Temp Check Number 43 ='{ :s- 43-Inver Grove-Ford'- 01=4-330=-440=42 part--- — —71:755-- 7Y-55 -C -C 43 71.55 --Tot a Ts-Terno-ChecW-Nurnber Temp Check Number 44 -} 44 J & A Cleaners 01-4410-020-20 seat cing 149.46 44 J & A Cleaners 01-4490-020-20 seat clna 7.86 88 157.32 Totals Tema Check Number 44 Tema Check Number 45 45 Paul Kaiser 01-4268-150-30 seat Svc 1,387.50 45 1,387.50 Totals Tema Check Number -' 45 Tema Check Number 46 46 Knox Commercial Credit 01-4305-050-50 rtn 11.08cr 46 Knox Commercial Credit 01-4305-070-70 solys 49.97 46 Knox Commercial Credit 08-4335-000-00 solys 11.14 46 Knox Commercial Credit 01-4335-310-50 solus 4.98 46 Knox Commercial Credit 08-4335-000-00 solys 42.09 46 Knox Commercial Credit 01-4330-450-70 solys 42.22 3 Oct -7 Claims List Pao_e 8 Fri 10:41 AM City of Mendota Heights Temp Check Number 46 Temp. Check Number Vendor Name Account Code Comments Amount 46 Knox Commercial Credit 08-4335-000-00 solys 18.34 46 Knox Commercial Credit -01-4330-490-70"'- - solys 209.41 46 Knox Commercial Credit 01-4305-030-30 splys 27.15 - - 414 - - --- -- - --- - --- - -- - -- --- - - _ - - - - - - -- - - 394.-22 - Totals Temp Check Number 46 Temp Check Number - 47 --._._...-•-_--- •--•.-- ....... ._ 47 Krechs business Systems 01-4330-490-10 rors 276.70 47 276.70 Totals Temp Check Number 47 _ Temp Check Number 48 -.----48"Kremer"Spring--&-AIig"ri-_---- 01-=4330=4'40=20----•---------rors --_--- -.------•-'-------�-39:50----'-'_.___.- 48 39.50 ------Tot als'-Temp-Check-'Number 4g- ---- - -- - --- __..... .-_..-- -- .--..-- -.-.._.�--.._...- - -------- --- Temp Check Number 49 49 Guy Kullander 24-4460-000-00 exp reimb 32.42 _ 49 Guy Kullander 01-4490-109-09 exp reimb :,0.34 __-49 'Guy- Ku 11ander'-----"' —10"=--441'5_000-00W exp-reimb--•------- -- 16._80.__ ----- 49 Guy Kullander 08-4335-000-00 exp reimb 19.80 49 Guy Kullander 05-4415-105-15 exp reimb 29.70 245 149.06 Totals Temp Check Number 49 Temo Check Number 50 50 L E L S 01-2075 - oct dues 396.00 50 396.00 Totals Temo Check Number 50 Temp Check Number 51 51 Leitner Co 01-4305-070-70 solys 1,405.80 51 1,405.80 Totals Terno Check Number 51 Temp Check Number 52 52 Leef Bros 01-4335-310-50 seot svc 16.40 52 Leef Bros 01-4335-310-70 sent svc 16.40 3 Oct -:17 Claims List Raoe 9 Fri 10:41 AM City of Mendota Heights Teruo Check Number 52 Temo. Check Number Vendor Name- """ - --Account Code"----- Comments Amount 52 Leef Bros 15-4335-310-60 seot svc 16.41 156 49.21 Totals Teruo Check Number 52 Temo Check Number 53 ----- 53 Lincoln-Benefit----------0]=413Y-@e@-20--------------- -Oct -prem - - - -- --- ----- -.....__.e.-296. 1-7 53 Lincoln Benefit 01-4131-110-10 Oct prem 167.56 _�-106 -----•-- ------•----••- - --463.73 --__.._--------._._._.___.•-----•—::- ,. Totals Terno Check Number 53 —Terno-Check-Nurnber 54 -- --- ----- ------- -- --- --!"""--"—"—s 54 Locators Inc 01-4490-110-10 locator fee 94.78 J4 94.78 ='•i - Totals Teruo Checlt Number 54 Temo Check Number 55 _a 55-CiTrre Suburban News empI ae---- --1'35:80 C=.) -- ------ ,. 55 135.80 ' -- Totals-Temo-Check-Nurnber 55 Temp Check Number 56 56 Lucent Technologies 01-4210-050-50 Oct svc 11.27 56 Lucent Techrnolooies 01-4210-070-70 Oct svc 11.26 ------56 Lucent Technologies - - ---- -- 15-4210-@60-60 ---'- - - - Oct -. Svc -------- ---- ----- -- - - --1 1. 26 — -- --.---•--- - 168 33.79 - Totals Terno -Check Number - -56- Temp Check Number 57 57 M A Associates 08-4335-000-00 solys 24.54 57 M A Associates 08-4335-000-00 discount 0.46cr 114 24.08 Totals Temo Check Number 57 Terno Check Number 58 58 Mc Combs Frank Roos Assoc 01-4221-135-80 auo svc 1.300.00 58 1,300.00 Totals Temo Check Number 58 ' Temo Check. Number 59 3 Oct L 97 Claims List page 10 Fri 10:41 AM City of Mendota Heights Temp Check Number 59 Temp. Check Number Vendor Name Account Code Comments Amount 59 Menards 01-4305-050-50 splys 53.42 159 23.42 Totals Tema Check Number 59 Temp Check Number 60 60 Mendota'-Heiahts Amoco - _..__.@i-4330-44@-�@ __. _ _.__ .- -- .. "part _ _..•_..__.-- - '23.38 60 23.38 ---Totals-Teirip--Check NiiFa6er - 60 ------�-------•---�--- -- -------•-----------..__ .._. __._.. _ Temp Check Number 61 _ 61 Metro Council EnvironmentSvc 15-4449-060-60 Oct Svc 68,700.00 =.r 61 Metro Council EnvironmentSvc 17-3575 Oct Svc 2,796.00cr 122 65,904.00 Totals Temp Check Number 61 -_ Temp Check Number 62 idwest-Phiatu Svc'---- —@r=43@5=020-2Qr'-- ---'-'sept-svc-- --49-64- -49:64 r, 62 62 49.64 _ ----Tot aI's "'Temp-Check-IVurnber_..---62------ --•-� - -------•------•---- -------------- • - Temp Check Number 63 63 Midwest Packer parts 01-4330-490-50 rprs 144.87 - - -6g - --- - - r- - - - -- — - - -- --- ---- -- - _ -- -- - ----- --- -144.187 - Totals Tema Check Number 63 Temp Check Number 64 - 64 Minn Pollution Control Agcy 15-4400-060-60 regr 150.00 64 150.00 Totals Temp Check Number 64 Temp Check Number 65 65 Minn Mutual Life Iris 01-2074 Oct prem 194.15 65 Minn Mutual Life Iris 01-4131-110-10 Oct prem 9.50 65 Minn Mutual Life Iris 01-4131-020-20 Oct prem 48.55 65 Minn Mutual Life Ire=- 01-4131-050-50 Oct prem 3.80 65 Mirin Mutual Life Iris 01-4131-070-70 Oct prem 5.70 1� 65 Minn Mutual Life Iris 01-4131-040-40 Oct prem 16.15 65 Minn Mutual Life Iris 05-4131-105-15 Oct prem 39.80 Pane 11 oe4'ao *'wo � ----aaa�e�------' - --'�' - --.' 152.50 ---au���-'---------- o Oct I -v,37 Claims Lis* ��. Fri 10`41 om City of Mendota neionts eao mm ------ remo Check Number as 37zu � Temp' Check Number vendor Name -' Accountt-coue - ' ' + Comment 65 Minn Mutual Lire Iris -- '-''' -'-- 08-+131-000-00 ----------_ - -- -' Oct orem �' ' - --- oew � ` Totals remo Check Number ao Temp Check Number aa . ���'-----aerminnesota oenef it-ossn--------w oct-prem ---------- aa Minnesota Benefit Assn 01 -+131 -0e0 -e0 oct orem .' aa Minnesota Benefit Assn 01-4131-050-50 uct prem ------ss-mona��cn:�-amnur�n-nunur-------mr=z��r=wrm~r�---------------------`,c«-urer/----------- �^ aa Minnesota Benefit Assn m1 -41o1 -11w -1w oct prem sa Minnesota Benefit Assn 05 -*131-105-15 oct nrem �------6e-minriesota-oenerit-ossn'-15~4r3r-1360-eo --- prern ,. ^ao .7,---�o�a�s-Tota-o*eck_Numuer---------a ' ( '^ remo ooe�u Number ar �^ ", 67 Minnesota Teamsters Loc oem -- 01-2075 oct dues ��--'---ar ----------- Totazs remo Check Number 67 = �Te o-Checu-wumbe aa Minnesota Toro Inc 01-4330-4e0-70 parts � ^ aa r°xaz° remo Check Number aa remo om"cx Number as an Minnesota Conway'--- -' - 01-4330-+60-30- -- � - - scua mtcn' ---- an Minnesota Conway 01 -+330 -*60-30 svc --- zaa Totals Tema Check Number as Temp Check Number rw zm Minnesota releohone Installers 0e-4480-000-00 svc call 70 � Totals rotals rpmn Check Number rw Temp Check Number 71 71 Tony mitshuzis e7-4*60-7e1-00 snklr rprs tizsens _ 71 Totals remo Check Number 71 Pane 11 oe4'ao *'wo � ----aaa�e�------' - --'�' - --.' 152.50 ---au���-'---------- - --'' ----'�r -------- ��. eao mm ------ `^ 37zu 34. 00 o'mw 39.00 3 Oct iT37 Claims List Page 12 Fri 10:41 AM City of Mendota Heights Teruo Check Number 71 Teruo. Check Number Vendor Name Account Code -` y Comments Amount Teruo Check Number - 72 72 Nelson Radio Comm 07-4330-000-00 act rut cn 62. 40 72 62.40 Totals Terno Check Number 72 Temp Check Number 73 --------73-Naticmal-Bank%Case 'Cred'i-t 01"=4305=050=50`--•---'------••solys ——•------ •-----------T2:3.� •--------- -•- - ------ 73 12.33 ------Tcitals-Terno 'Checlt Number ---7J — ---_—----..._ - ------- Tema Check Number 74 s 74 Northern Waterworks Soly 15-4330-490-60 rors 338.40 -•--------•-----•----------------•-•---•--._.__•.--------•------- ----------338::-40'- --•-•------- -- ••-- - - ----� t _ Totals Tema CheckNumber 74 --Terop-Che R-Nuriiber --75- ------ — ---- ----- ----- — 75 Northern 01-4305-070-70 solys 53.73 75 53.73 Totals Terng Check Number 75 ' Tema Check Number 76 -----76 Northern -State Power - - - - ---01-4212-315-30 ------- .- Oct svc-_-•- 76 Northern State Power 01-4212-310-50 Oct Svc 35.50 76 Northern State Power 01-4212-310-70 Oct Svc 35.50 76 Northern State Power I5-421-2-310-60 Oct Svc 35.50 76 Northern State Power 01-4212-320-70 Oct Svc 42.06 76 Northern State Power 15-4212-400-60 Oct Svc 14.91 76 Northern State Flower 08-4212-000-00 Oct Svc 49.12 76 Northern State Power 01-4211-315-30 Oct Svc 467.77 76 Northern State Power 01-4211-310-50 Oct Svc 247.47 76 Northern State Power 01-4211-310-70 Oct Svc 247.45 76 Northern State Power 15-4211-310-60 Oct Svc 247.45 76 Northern State Power 28-4211-000-00 Oct Svc 610.62 912 2,084.28 Totals Tema Check Number 76 Terno Check Number 77 77 Northern State Power 01-4211-300-50 Oct Svc 439.69 .3 3 Oct _ J7 Claims List 37 Pace 13 Fri 10:41 AM City of Mendota Heiahts 01=h330=44e 2 -parts Teruo Check. Number 77 80 Peterbuilt North' 01-4330-440-20 - rtn 9.54cr . I60- -------------- Teruo. -----------•--- -- ----88:58 ---------- ._...- - --- �� Totals Teruo Check Number 80 Check --•Ternp Check Number - Number Vendor Name Account Code- Comments Amount 81 77 Northern State Power 01-4211-420-50 Oct Svc 433.31 77 Northern -State Power-- -Oct Svc 1, 457.43 82 Pine Bend Pavina 01-4422-0:50-50--- 77 Northern State Power 01-4211-320-70 Oct Svc 205.22 3.795.00 77 Northern State Power 15-4211-400-60 Oct Svc 647.26 Teruo Check Number 83 385 83 Pete Pocoler 3,182.91 stump removal 25.00 Totals Teruo Check Number 77 25. 00 Totals Tema Check Number „ Temp Check Number 78 78-_ i^t*ierri Air CGi^b 08=4335=0007=00 - -'- ---tors ---- -----105.-25 ;a 78 105.25 - Tota l-s-Terno-ChecCt hturnber - 7ff-- -- --" ----..__—.-- ------_-----_-- --_•_----.--.-.-.--.---.-_-= s _ Teruo Check Number 79 `y. 79 Oakcrest Kennels 01-4221-800-90 sept Svc 186.25 _ 79 Oakcrest Kernels 01-42e5-800-90 sept Svc 173.00 31 158 359.25 Totals Teruo Check Number 79 ' 3> .3 37 - Temp Check Number 80 3s 80-"Peterbui'lt-North 01=h330=44e 2 -parts 987-Y2 -- 80 Peterbuilt North' 01-4330-440-20 - rtn 9.54cr . I60- -------------- -- -----------•--- -- ----88:58 ---------- ._...- - --- �� Totals Teruo Check Number 80 - --•Ternp Check Number - 81 Patriot Diamond Inc 01-4305-050-50 asphalt 487.25 81 487.25 Totals Tema Check Number 81 Tema Check Number 82 82 Pine Bend Pavina 01-4422-0:50-50--- oavina vandall 3.795.00 82 3.795.00 Totals Tema Check Number 82 Teruo Check Number 83 83 Pete Pocoler 01-4500-050-50 stump removal 25.00 83 25. 00 Totals Tema Check Number 83 3 Oct .o97 Claims List Pace 14 Fri 10:41 AM City of Mendota Heights Teruo Check Number 84 Teruo. Check Number Vendor Name Account Code Comments Amount 84 Power Brake Entro 01-4330-460-30 Darts 2282 46.41 84 46.41 Totals Terno Check Number 84 Temp Check Number 85 85 PririciDal'Mutual-'-----"'` -----01-=2071---"- - - "- oct prem -_ _.. 84.70 85 Principal Mutual 01-4132-020-20 oct orern 59.71 85 Principal Mutual 01-4132-050-50 oct prem 21.97 - - --85' PrfriciPa l Mut ual----- ---OS =►x132=070=70- -- - - -- - -oct orern - -- --- ---- ---- --53.-91- - - - - - -- - . 85 Principal Mutual 15-4132-060-60 oct prern 25.10 -_.--425 ___--_—__-______.__._.—__.--_--. -_____._-____-___ ______..--______.__.._____._...___..._---_____-_._.�___- -245-.-39-- 45:3'3- Totals Totals Terno Check Number 85 - T'emo -Check-'Number--..... -- - --86 ---- ---- - - --- --- - --- -- --- ---- - - - - ---- - .._.__. _ _ .. __._. __. -- ---- --- - 'f _ 86 Prairie Restoration Inc 29-4337-000-00 re ivy hills 373.91 - _ 86 373.91 = Totals Terno Check Number 86 Temo Check Number 87 �f - --87 Public Ernol-Ret-"Assn---- -01=207'4--- 87 Public Emol Ret Assn 01-4131-110-10 oct orern 9.00 87 Public Emol Ret Assn 01-4131-020-20 oct prern 12.00 ' 261 105.00 Totals Terno Check Number 87 Terno Check Number 88 t 88 Pi_rbl is Emol Iris Proorarn 01-2074 act prern 2, 640. 89 88 Public Emol Ins Program 01-4131-110-10 oct orern 1,642.38 88 Public Emol Iris Proorarn 01-4131-020-20 oct prern 3.311.06 88 Public Emo1 Ins Proorarn 01-4131-040-40 oct prern 575.65 88 Public EmD1 Ins Proorarn 01-4131-050-50 oct prern 1,672.46 88 Public Emo1 Ins Proorarn 01-4131-070-70 Oct Drern 344.92 88 Public Emol Iris Program 05-4131-105-15 oct prern 1, 700. 65 88 Public EMD1 Iris Program 15-4131-060-60 oct orern 344.92 88 Public Ernol Iris Proorarn 08-4131-000-00 oct prern 200.65 792 12,433.58 Totals Terno Check Number 88 Terno Check Number 89 89 Brad Ragan Inc 01-4330-460-30 rors 48.65 89 48.65 Totals Terno Check Number 89 1 3 Oct !7 Claims List Paae 15 Fri 10:41 AM City of Mendota Heights Teruo Check Number 89 Temp. Check Number Vendor Name - Account Code "' Comments Amount Teruo Check Number*"-- 90 90 Raindance Sprinkler Systems 27-4460-721-00 213.63 =_-----'90-Rairidarice So'ri'r�kler-Sy"steFns-�7=446rc%721'-00-------------•• -"------ -"'----------'•-••-•-- -- - -• -- --.._...-._-----377.-90 -__ _ _ . - - --- 90 Raindance Sprinkler Systems 27-4460-721-00 286.08 90 Raindance Sprinkler Systems 27-4460-721-00 spklr rprs tilsens 263.37 360 1,140.98 Totals Temo Check Number 90 Temo Check Number 91 --91-Seal-Master - 01-4422•=050=50- ----- - ----asphalt - ..... -- -'-- X87.-55 ___..__...---- - -- - -...-•-•------_ 91 287.55 ..j. -------•--------•------'------------ r Temo Check Number 92 { -, 92 Seven Corners Ace Hdwe 01-4420-050-50 solys 18.49 j 92 Seven Corners Ace Hdwe 01-4305-030-30 splys 99.53 J7 184 118.02 .nar Totals Teruo Check Number 92 Temo Check Number 93 - -- --•---93 L7-E-Shauptr'iessy-4220 132=-T -- ---seat-svc--- 1;718.-05-------- -; 93 L E Shaughnessy 05-42e0-132-15 sept svc 177.00 93 L E Shaughnessy 15-4220-132-60 sept svc 255.10 ----93-1 E--------- 93 L E Shaughnessy 21-4220-132-00 sept svc 192.65 93 L E Shaughnessy 03-42201-132-00 sept svc 213.45 ----93 L'E Shauohrness y•---- .-sept-svc ._. .- -- •---------------2,566.70--._. _. .. .. __.. .- --- -- -- 651 5,206.25 Totals Temp Check Number - 93 Teruo Check Number 94 94 Southview Desion 27-4460-721-00 314.9¢1 94 Southview Desion 27-44b0-721-00 spklr ror tilsens 404.80 94 Southview Desion 27-4460-721-00 359.00 282 1.078.70 Totals Teruo Check Number 94 Teruo Check Number 95 95 Southview Chev 01-4330-440-20 balance a/c 8962cr 3 Oct 37 Claims List Paoe 16 Fri 10:41 AM City of Mendota Heiahts Ternp Check Number 95 Terno. Check Number Vendor Name Account Code t Comments Amount 95 Southview Chev 01-4330-490-70 Darts 23.55 95 Southview Chev "' 01=4330-440-20- "' Darts 40.69 95 Southview Chev 01-4330-440-20 parts 40.69 95 Southview Chev 01-4330-490-70 parts 41.80 475 57.11 Totals Terno Check Number 95 Temp Check Number 96 ---96 96 193.48 -- --Totals Ternp -Check `Number------- --96-- -- ----- - - - - - - - -... -- ------- - --- Ternp Check Number 97 Tamp ........ .... -- — --_ - - - - ---- - 97 Struck & Irwin Pavino 01-4423-050-50 seal coat 49,254.66 =�• 97 Struck & Irwin Paving 22-4460-000-00 seal coat 18,749.39 194 - 68,004.05 Totals Terno Check Number 97 .G f. Tamp Check Number 98 -Tree--Svc-----" 0. 1=4500=0'70-70----------"'--'--•-- ----tree removal, - 98 675. 00 =---Totals-Tamp- Tamp Check Number 99 99 Total Construction 01-4330-490-50 rors 1.600.00 99 1,600.00 Totals Terno Check Number 99 Temp Check Number 100 100 Terminal Suooly Co 01-4305-070-70 solys 250.47 100 250.47 Totals Temo Check Number 100 Tamp Check Number 101 101 Total Tool 01-4330-490-50 Darts 306.47 101 Total Tool 01-4330-490-50 parts 210.10 202 516.57 Totals Terno Check Number 101 3 Oct j7 Claims List Page 17 Fri 10:41 AM City of Mendota heights Temp Check Number 102 Temp. Check Number Vendor Name Account Code Comments Qmount 102 Trophy House 01-4490-030-30 awards 80.83 102 80.83 Totals Tema Check Number 102 Tema Check Number 103 --"103 Twin City Hdwe '--- -- -- -08-4480-000-00---- -'- parts 54.27 103 Twin City Hdwe 08-4480-000-00 parts 133.88 — •206 - - - ---- -- -- - - - - ----- --- --- - - - -- -- -_ - ..- _. _ -.. - -- - -- -- -- --.._.._ - 188. 15 - -. -•-.. Totals Temp Check Number 103 -_Temp `Check-Nurnber ----104-------- ----- _ - -- - -------..... _. -- --_ - -- - - -- - - - ---- 104 Uniforms Unlimited 01-4410-020-20 splys larrive 143.77 _ —104-Un`iforms-Uriri7mi'ted --Q2=4410-=020 210— ------'sprys--convery' ---- ------29Qr:34--••------ --- --- :; 104 Uniforms Unlimited 01-4410-020-20 solys convert' 18.90 0,- 104 Uniforms Unlimited 01-4490-030-30 solys 69.23 77--I04 Uniforrns'-Un,rirnited 25.-95-- ------- 3; 520 648.19 -- T'ota rs Ternp-Check-Nu'rnber---204 +— --"- - --- Temp Check Number 105 - - _ 105 Universal Life 01-2074 pact prem 42.54 105 Universal Life 01-4131-040-40 act prem 158.20 -:--105-Universal--Life----'—_---'0.2=4.231=050=50------ ---'oct-prera - ----24e•:26 105 Universal Life 01-4131-070-70 oat prem 506.34 105 Universal Life 15-4131-060-60 oct prem 313.57 --105 'Universal -Life ---- - - -- 05-4132-105-Y5----- --- ---oat-prem ._. .- --..-- ---- - -- -136:93 - -- - _... -- •. 630 1,399.84 Totals Tema Check Number-------- ---.'_Ternp TemaCheck Number 106 106 United Way St Paul 01-2070 oct contr 65.00 106 65.00 T=otals Tema Check Number 106 Tema Check Number 107 107 Valley Waving 2Y7--4460-709-00 final curleys 26,162_87 107 26,162.87 Totals Temp Check Number 107 Tema Check Number 108 108 Wilder Foundation 10-4490-000-00 solys 4.00 3 Oct J7 Fri 10:41 AM Temo Check Number 108 Temo. Check Number Vendor Name Totals Temo Check Number Claims List City of Mendota Heights -' Account Code :a 108 Comments Nage 18 Amount r --4.00 - 13812 271,738.44 Grand Total - - - - - - MANUAL CHECKS 166687--6-,114-.20 Sta'te6apitol C U 16609 143.11 State Mutual Sept prem 16610 2,479.45 Amerus State Mutual -255.60 Tiophy House _ _replace softball - — 16612 50.00 Avraam regr _ 17.28 PE,• 9/12 payroll --•-----------------------•_--- -----------.._-------- • — --__16613 16814 9,925:28 , .r , 16615 310.00 Great West L S. A - 16616 968.40 ICMA " -- --- _ _- ---- --16617---978:00- Minn Mutual - -- - --- ------- --_--- -- -------------- - --------== = 16618 245.00 MSRA _ 16619 405.00 Dakota Bank "15 -= -- _ _ __ 16620 416.40 _ Da oi<C to County "-0. f == 16621 491259.61 Payroll a/cc #: - 16622 162.88_ Air Touch Cellular _ •-• Sept •• 16624 100.00 Hennepin- County - warrant ° r 16625 6,114.20 � State Capitol C U 9/26 payroll 16626 U. S Post Office sewer bills _605.50 ---9/26 payroll 16628 10,124.92 '. 16629 310.00 Great West L & A " 16630 968.40 ICMA-- - - - -- -• - •-- - „ _ ._.--._. _ .._- ---_----. --_-____-- .- 16631 978.00 Minn Mututl " 16632 245.00 MSRS " 16633 416.40 Dakota County " 16634 405.00 Dakota Bank " 16635 52,089.34 Payroll a/c " 16636 2,264.84 U. S. Wewt Comm Sept svc 146,369.11 G.T. 418,107.55 0 CITY OF MENDOTA HEIGHTS MEMO October 1, 1997 TO: Mayor, City Council, and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Lilydale Comprehensive Plan Approval by the Metropolitan Council Discussion The Metropolitan Council approved the new Lilydale Comprehensive Plan on September 11, 1997. The most significant change in the plan was a redesignation and rezoning of the Shiely property west of the intersection of Highway 35E and Highway 13. The Shiely site is currently being used as a gravel processing and sales operation, but is now guided for a mixed use "v4llage concept" development including retail, office and residential components. Lilydale Staff report that several developers are looking at the site, but they do not anticipate redevelopment to occur for at least another year. Redevelopment of the Shiely site will face several hurdles, including: 1. DNR review of the impact of Shiely redevelopment on the Mississippi River 2. MnDOT condemnation of part of the property for a storm water holding pond for a new bridge 3. i MnDOT approval of any change in access onto Highway 13 Please see the attached letter of approval from the Metropolitan Council. Action Required This is an information item only. Metropolitan Coun it Working for the Region, Planning fort u September 17, 1997 SEP 1 1997 ,a Bernie Weitzman _ .�' City of Lilydale �'`� L 855 Sibley Memorial Highway Lilydale, MN 55118 RE: City of Lilydale Comprehensive Plan Revision Year 2020 Comprehensive Plan and Mississippi River Critical Area Plan Metropolitan Council Referral File No. 16535-1 Dear Mr. Weitzman: At its meeting on September 11, 1997, the Metropolitan Council considered the city of Lilydale's comprehensive plan revision. This consideration was based on a report of the Community Development Committee. A copy of this report is attached. The Metropolitan Council adopted the attached Review Record with the following recommendations: 1. That the city of Lilydale may place its Year 2020 Comprehensive Plan and Mississippi River Critical Area Plan into effect and no modification is required. The comprehensive plan fully satisfies the requirements of the Metropolitan Land Planning Act for 1998 plan updates, and no further submittal is required. 2 That the Metropolitan Council recommend approval of the Critical Area Plan to the Minnesota Department of N#tural Resources. That the Metropolitan Council recommend that the city continue planning efforts with the National Park Service and the cities of Mendota and Mendota Heights to address other voluntary provisions of the Mississippi National River Recreation Area (MNRRA) Comprehensive Management Plan. The Critical Area portion of the comprehensive plan is subject to approval by the Minnesota Department of Natural Resources. The DNR has 45 days from the receipt of the Metropolitan Council recommendations to review and approve, or require modifications to critical area plan and ordinance amendments. Curt Johnson Chair CJ:ly Attachment cc: Sandy Fecht, DNR, Susan Overson, NPS City of Mendota, City of Mendota Heights Victoria Boers, Office of Local Assistance, Sandra Pinel, MNRRA Planner Carl Schenk, Sector Representative 230 East Fifth Street St. Paul. Minnesota 55101-1634 (612) 291-6359 Fax 29 1 -6550 TDD/TrY 291-0904 Metro Info Line 229-3780 An Equal Opportunity Employer Metropolitan Council Meeting of September 11, 1997 Business Item: D1 METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 (612) 602-1000 - TTY (612) 291-0904 REPORT OF THE COMMUNITY DEVELOPMENT COMMITTEE DATE: September 4, 1997 TO: Metropolitan Council SUBJECT: City of Lilydale Comprehensive Plan Update Year 2020 Comprehensive Plan and Mississippi River Critical Area Plan Metropolitan Council District No. 15 Metropolitan Council Referral File No. 16535-1 SUMMARY OF COMMITTEE DISCUSSION: The staff presented the land use plan and critical area plans. The committee requested clarification on the city's surface water management plan. The Council reviewed the city's stormwater management plan in July, 1997. The city's engineer agreed to revise the final plan to incorporate the Council staffs recommendations, and will forward the final plan to the city for adoption in December, 1997. The committee noted that the city's population and household forecasts are higher than the Council's because they reflect redevelopment of property that the Council identified as industrial use. The staff affirmed that the Council agrees to use the city's higher forecasts for future regional planning. The committee supported the staffs coordinated report, combining the reviews of the comprehensive plan and the critical area plan to address all inter -related land use issues. RECOMMENDATION: That the Metropolitan Council adopt the attached Review Record with the following recommendations: 1. That the city of Lilydale may place its Year 2020 Comprehensive Plan and Mississippi River Critical Area Plan into effect and no modification is required. The comprehensive plan fully satisfies the requirements of the Metropolitan Land Planning Act for 1998 plan updates, and no further submittal is required. 2. That the Council recommend approval of the Critical Area Plan to the Minnesota Department of Natural Resources. 3. That the Council recommend that the city continue planning efforts with the National Park Service and the cities of Mendota and Mendota Heights to address other voluntary provisions of the Mississippi National River Recreation Area (MNRRA) Comprehensive Management Plan. Submitted by: Martha M. Head Craig R. Rapp Committee Chair Division Director Community Development Committee Meeting of September 2, 1997 METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 291-6359 'IDD 612 291-0904 TO: Chair and Members of Community Development Committee FROM: Victoria Boers, Principal Reviewer, Office of Local Assistance (602-1621) SUBJECT: City of Lilydale Comprehensive Plan Update Year 2020 Comprehensive Plan and Mississippi River Critical Area Plan Metropolitan Council District No. 15 Metropolitan Council Referral File No. 16535-1 EXECUTIVE SUMMARY - ISSUE: Should the Council permit the city of Lilydale to put its Year 2020 Comprehensive Land Use Plan and Mississippi River Critical Area Plan (subject to DNR approval) into effect? Should the Council recommend approval of the Lilydale Critical Area Plan to the Department of Natural Resources? POLICY IMPLICATIONS: The Council's Regional Growth Strategy identifies Lilydale as "urban area". In this policy area the Council anticipates efficient land use and redevelopment, higher density, mixed use development, and use of existing infrastructure. The city's comprehensive plan update conforms with metropolitan system plans and policies, is consistent with other adopted plans of the Council, and is compatible with the plans of adjacent governmental units and school districts. The Critical Area plan is consistent with the state Critical Areas Act. FUNDING IMPLICATIONS: None. PREVIOUS ACTIONS: The Metropolitan Council initially reviewed Lilydale's comprehensive plan and Critical Area Plan in October, 1979 (MC Referral File No. 6477-2). The Council reviewed the city's water management plan in July, 1997 (MC Referral File No. 16535-2). DISCUSSION: The city of Lilydale's 2020 Comprehensive Land Use and Critical Area Plan is intended to meet all 1995 Metropolitan Land Planning Act requirements. The entire city is located within the Mississippi River Corridor Critical Area and the Mississippi National River and Recreational Area (MNRRA). Therefore, the city has combined land use with critical area planning, and this report includes a review of both The city's Critical Area plan is consistent with the state Critical Areas Act. However, the Minnesota Department of Natural Resources has approval authority of all critical area plans. The Critical Area plan is not consistent with the voluntary provisions of the Mississippi National River and Recreation Comprehensive Management Plan (MNRRA-CMP) and the city should continue planning efforts with the National Park Service and the cities of Mendota and Mendota Heights to address other voluntary provisions of the MNRRA-CMP. RECOMMENDATION: That the Metropolitan Council adopt the attached Review Record with the following recommendations: 1. That the city may place its 2020 Comprehensive Plan and Mississippi River Critical Area Plan into effect and no modification is required. The comprehensive plan fully satisfies the requirements of the Metropolitan Land Planning Act which requires a plan update by 1998, and no further submittal is required. 2. That the Council recommend approval of the Critical Area Plan to the Minnesota Department of Natural Resources. 3. That the Council recommend that the city continue planning efforts with the National Park Service and the cities of Mendota and Mendota Heights to address other voluntary provisions of the MNRRA-CMP. 2 ATTACHMENT A: REVIEW RECORD REVIEW OF THE LILYDALE COMPREHENSIVE PLAN BACKGROUND The city of Lilydale is a 576 -acre community (less than 1 square mile) located south of downtown Saint Paul, between the Mississippi River and Highway 13 in Dakota County (see Attachment 1). Lilydale is a fully developed community, located within the Mississippi River Corridor Critical Area and the Mississippi National River and Recreational Area. 82.5 percent of the city is undevelopable land such as park, trails, water and road rights-of-way. The remaining 17.5 percent of the city's land use is residential, commercial and industrial. The Harriet Island - Lilydale Regional Park constitutes 56 percent (about 325 acres) of Lilydale's existing land use. 506 acres of the City are in the designated Mississippi River Critical Area and Mississippi National River and Recreation Area (MNRRA). AUTHORITY FOR REVIEW The Council has the authority to review and comment on comprehensive plans and plan amendments, and may in certain circumstances require a plan modification, after it makes a finding that the plan or amendment may have a substantial impact on or contain a substantial departure from metropolitan system plans (Minn. Stat. § 473.175, Subd. 1). The Council shall return to the local governmental unit a statement containing its comments and, by resolution, its decision, if any, to require modifications to assure conformance with the metropolitan system plans (Minn. Stat. § 473.175, Subd. 2). The Council is also required by the state Critical Areas Act (Minn. Stat. Chap. 116(G) and Executive Order 79-19 to review plans and regulations prepared by local governments within the permanently designated Mississippi River Critical Area for consistency with Executive Order 79-19 and MN Stat. 116, Critical Areas Act and to make recommendations to the Department of Natural Resources (DNR). The DNR must approve local Critical Area plans, regulations and amendments before they can be put into effect. In 1988, the Mississippi River Critical Area was also designated as the Mississippi National River and Recreation Area (MNRRA). Under a cooperative agreement with the National Park Service, the Metropolitan Council reviews local plans and amendments affecting the MNRRA Corridor for voluntary consistency with the 1995 hsfNRRA Comprehensive Management Plan and makes recommendations to the National Park Service. Communities with ACVM-consistent plans are eligible for federal grants, when appropriated by Congress. The Council has the same authority to review amendments to Critical Area plans. ANALYSIS Staff reviewed the plan update for conformity with regional system plans for Aviation, Recreation Open Space, Transportation and Water Resources Management, for consistency with the Regional Blueprint and other chapters of the Metropolitan Development Guide, and for compatibility with the plans of adjacent governmental units and school districts. Staff reviewed the critical area plan for consistency with State Critical Areas Act and Executive Order 79-19, and for voluntary conformance with the MNRRA Comprehensive Management Plan. Regional Blueprint (Tori Boers, 1621) The following table compares Lilydale's residential mix and density of both historic (column 2) and forecasted (column 3) development, as well as that proposed in the comprehensive plan (column 4). 3 City of Lilydale Historic Trends Growth Strategy Assumption This Plan Update Housing Mix Single Family 11.0 percent 9.0 percent 13 percent Multiple Family 89.0 percent 91.0 percent 98.7 percent Density Single Family 0.4 units/acre 3.0 units/acre 1.1 units/acre Multiple Family 18.1 units/acre 15.0 units/acre 12.0 units/acre The Council's demographic figures for Lilydale indicate a total 416 people and 306 households in 1995, and forecast a total 630 people and 400 households by 2020. The city's housing inventory indicates a current population of almost 600 residents, substantially greater than the Council's numbers. The plan forecasts 950 people and 600 households by 2020, reflecting redevelopment of the Shiely site with approximately 200 multifamily residential units by 2010. (The Shiely property is located immediately south of the 35E bridge and west of the 35E and Highway 13 interchange.) The Council and city staff have agreed to use 1996 estimates of 600 people and 418 households as a forecast base. The Council agrees to use the city's household forecasts for 2000, 2010 and 2020 (of 450, 600 and 600 respectively) for regional planning purposes. Lilydale is a fully developed community. However, the city has about 27 acres of industrial land available for redevelopment; currently a gravel storage area owned by the Shiely Company. About 53 percent of Lilydale's existing housing is condominiums; about 98 percent of all Lilydale's existing housing is multifamily. Redevelopment of the Shiely property will occur prior to 2020 and is intended to be a mixed use, village style development that integrates office and commercial uses with townhomes, apartments and condominiums. The Council's Regional Growth Strategy identifies Lilydale as `urban area", and assumes future residential densities of 3.0 for single family, 15.0 for multifamily and 11.0 overall for the city of Lilydale (see Attachment 2). The city's plan is consistent with these assumptions, proposing future residential densities of an overall 12 units per acre. 4 Capital Improvement Program (CIP) Lilydale has no Capital Improvement Program (CIP), nor intends to develop one in the future. The city does not own any community facilities and contracts for, or relies on other jurisdictions to provide services. The city works closely with adjacent jurisdictions to provide community facilities, including police and fire, sewer and water, a public library, schools and recreational facilities. The Harriet Island- Lilydale Regional Park is operated by the city of Saint Paul. Regional Systems Staff finds that the proposed comprehensive plan has no adverse impacts on, nor represents a substantial departure from the regional systems plans and policies. The plan is in conformity with the regional system plans for Aviation, Recreation Open Space, Transportation and Water Resources Management. Aviation (Deb Nelles, 1716) The comprehensive plan is in conformity with the Aviation policy plan. Recreation Open Space (Phyllis Hanson, 1566) The comprehensive plan is in conformity with the Recreation Open Space policy plan. On May 22, 1997, the Metropolitan Council approved the preferred corridor location of the Dakota North Urban Regional Trail. Part of this approval requires Dakota County and Lilydale to enter into a joint powers agreement to define corridor development, operations and maintenance issues. The Metropolitan 4 Council's recommendations included future development of trailhead facilities in the Harriet Island - Lilydale Regional Park. Transportation (Ann Braden, 1705) The comprehensive plan is in conformity with the Transportation policy plan and meets regional requirements for the transportation element of the city's comprehensive plan for the year 2020. The plan includes year 2020 traffic forecasts for TH 13 (a two-lane collector ) and I -35E (a principal arterial) that are consistent with the Council's 2020 regional transportation forecasts and are appropriate for the city's level of analysis. The city's plans to accommodate a higher 2020 household forecast will not impact the capacity of the regional transportation system. - The city will need to assign its forecasted socio-economic numbers (population, households and employment figures) to traffic analysis zones (TAZs). The TAZ allocations will be used to update transportation data in the next regional traffic forecasting process. The Minnesota Department of Transportation WOT) is scheduled to rebuild the I -35E bridge in 2001 or 2002. A new southbound off -ramp at Hwy 13 will require additional right-of-way from the property currently owned by the Shiely Company. Although the bridge plans are still preliminary, the city recognizes that any redevelopment of the Shiely site will need to be coordinated with MnDOT's plans for reconstruction of the ramps. The city also sees the bridge reconstruction as an opportunity to work with MnDOT to provide pedestrian access. The city's plan also proposes redevelopment of the Diamond Jim Mall, a commercial strip mall. The plan recommends that redevelopment of both the mall and the Shiely site will require traffic studies that address trip generation, minimize impacts to Highway 13 and identify needed highway improvements. The plan also encourages consolidation of Highway 13 curb cuts and driveway accesses. The city does not have Metropolitan Transit service, although it does contribute funding to the regional transit system. A Minnesota Valley Transit Company route from Highway 110 and Dodd Road in Mendota Heights, to downtown Saint Paul is the closest bus service for Lilydale residents. The city -is interested in having the Valley Transit bus stop along Highway 13 to serve Lilydale's older population and will continue to discuss bus service with Metro Transit and with the Minnesota Valley Transit company. As part of the Northern Dakota County Transit Redesign Project, the Metropolitan Council will corfsider Lilydale in the transit service plan, which may include some non -rush hour dial -a -ride service. Water Resources Management (Jack Frost, 1078) The comprehensive plan is in conformity with the Water Resources Management policy plan. The Lower Minnesota River Management Watershed District does not have an approved management plan. Therefore, Lilydale is not actually required to complete its local water management plan until the watershed district plan is approved by the Board of Water and Soil Resources (BWSR). However, Lilydale has completed a surface water/stormwater management plan and submitted the information to the Council staff for review. Council staff completed its review on July 15, 1997. The city will adopt the Council's Interim Strategy to reduce nonpoint source pollution by December 31, 1997 to apply National Urban Runoff Program and Best Management Practices standards. Other Metropolitan Development Guide Chapters Housing (Audrey Dougherty, 13 80) The comprehensive plan's housing component is consistent with regional housing requirements and encourages a high quality living environment for residents in all residential neighborhoods. Lilydale is not a participant in the Livable Communities Act (LCA). However, evaluating the city based on LCA affordability, diversity and density criteria, Lilydale exceeds LCA housing diversity and density benchmarks, but does not meet the affordability benchmark for fully developed communities. The plan includes implementation steps to work with the Dakota County Housing Redevelopment Authority (HRA) and to inform residents of the HRA's programs. The housing implementation section indicates that the city will take steps to maintain and improve its housing stock. However, the plan should specify how the city will strengthen its housing inspection program. The Minnesota Housing Finance Agency (M11FA) has several programs that address housing maintenance, and the plan should indicate that the city will work with the MHFA to develop a housing maintenance code. Water Supply Plan (Marsha Honold,1066) Lilydale does not have a municipal water supply and is not required to complete a water supply plan. The city's public water is supplied by the city of Mendota Heights. State Critical Area and Mississippi National River and Recreation Area (I RRA) (Sandra Pinel, 1513) State Critical Area requirements: The revised Critical Area plan, originally submitted for formal review on May 30, 1997, was withdrawn for revisions and resubmitted for Critical Area review on July 22, 1997. The city made additional changes on August 11 and August 15. Lilydale is within the Critical Area Urban Open Space District. Lands and waters within the district are to be managed to conserve and protect existing and potential recreational, scenic, natural and historic resources and uses for the enjoyment of the surrounding region. Open space shall be provided for public use and protection of unique resources in the open river valley lands, and the transportation role of the river shall be protected. Over.56 percent of the land within Lilydale is designated as park and open space as the Harriet Island - Lilydale Regional Park and the new Big Rivers Regional Trail. The plan strengthens policies for landscaping and screening of existing development that constitutes a visual and includes principles for redevelopment of a 26 -acre industrial site between State Highway 13 and the river bluffs. The development concept integrates public open space with residential and commercial development and bluff protection. The plan also identifies a county trail along the river, updates natural resource inventories and includes provisions for existing development, consistent with Critical Area requirements. Requirements for reducing and improving the quality of runoff into the river will be addressed with then city adopts Council's Interim Strategy to reduce nonpoint source pollution by December 31, 1997 to apply National Urban Runoff Program and Best Management Practices standards. With the changes submitted, the plan is consistent with state Critical Area requirements. MNRRA-CMP voluntary consistency: The Mississippi National River and Recreation Area was designated to preserve, protect and enhance the significant historical, cultural, natural, scenic, scientific, economic and recreational resources of the river corridor. The Lilydale Comprehensive/Critical Area plan references MNRRA and includes a goal, "To work to enhance the Mississippi River and Critical Area corridor for its long term protection and enjoyment for all. " It includes the policy that redevelopment proposals be consistent with the MNRRA designation. The plan is consistent with open space goals. It includes a commitment to protect resources in the Harriet Island - Lilydale Regional Park and to include public open space as part a mixed use redevelopment of the Shiely industrial site. The plan proposes cooperation with MnDOT and Dakota County to provide pedestrian trails and bridges along the corridor and to the Harriet Island-Lilydale Regional Park. The plan is partially consistent with natural resource protection policies. It includes a commitment to work with land owners, the DNR and the National Park Service on beautification and land restoration. However, the plan does not include an inventory of habitats, native flora or fauna, or restoration areas and does not address all the bluff protection and buffering standards in the MNRRA plan. The criteria 1.1 for site redevelopment do not address all the MNRRA standards for aesthetic design, bluff protection, and views from the river (height and setback standards). The city should develop aesthetic and design standards for road construction and development along the river corridor and Highway 13, incorporate additional MNRRA provisions for bluff and vegetative protection into standards for redevelopment, and document natural resources and natural resource protection strategies in order to improve consistency with the MNRRA-CMP. Water quality provisions could be more fully addressed through the completion of the city of Lilydale Surface Water Quality Plan, once a plan is completed by the Watershed. On July 8,1997, Lilydale received planning fiords from the National Park Service through the Metropolitan Council to work with the neighboring cities of Mendota and Mendota Heights to address provisions of the N NRRA Comprehensive Management Plan (CMP). Subsequent to Council and DNR review of the Critical Area Plan, the city has agreed to continue corridor planning along Highway 13 with neighboring cities and consider additional amendments for conformance -with the MNRRA CMP. COMPREHENSIVE PLAN FINDINGS AND CONCLUSIONS 1. In response to significant population growth projected in the region over the next 25 years, the Metropolitan Council has adopted a Regional Growth Strategy as part of the Regional Blueprint. 2. Under Minnesota Statutes § 473.175, Subd. 1, the Metropolitan Council may require a local governmental unit to modify any comprehensive plan or part thereof which may have a substantial impact on, or contain a substantial departure from metropolitan system plans. Substantial impact or departure in this case may extend beyond an individual plan to include the potential "cumulative effect" of similar plans by other communities. 3. The proposed comprehensive plan has no adverse impacts on, nor represents a departure from the regional systems plans and policies. The plan is in conformity with the regional system plans for Aviation, Recreation Open Space, Transportation and Wastewater Treatment and Handling. 4. Lilydale is a fully developed community; any redevelopment will be in a mixed-use, village -style desigh. The plan is consistent with the Council's density assumptions, proposing overall future residential densities of 12 units per acre. CRITICAL AREA AND NINRRA FINDINGS AND CONCLUSIONS Critical Area requirements 1. The city of Lilydale is within the Mississippi River Critical Area urban open space district. The Critical Area plan update is consistent with Executive Order 79-19 guidelines for the Urban Open Space District. 2. The plan establishes guidelines for redevelopment and updates other sections of the 1980 plan by identifying county trails, including natural resource inventories, addressing drainage issues and including provisions for existing development, consistent with Critical Area requirements. 3. Staff finds that with the changes submitted on August 11 and 15, 1997, the plan meets all the requirements of Executive Order 79-19 for the Mississippi River Critical Area. MNRRA-CMP voluntary consistency The plan addresses some of the goals for the Mississippi National River and Recreation Area and specifies that redevelopment be of high quality and consistent with the MNRRA designation. 7 Staff finds the Lilydale Comprehensive Plan/Critical Area Plan generally consistent with MNRRA, but lacking in some of the detail and intergovernmental coordination needed to be fully consistent with the MNRRA Comprehensive Management Plan. In order to be more fully consistent, the city plans should: 1. document significant natural resources, vegetation and habitat for protection or restoration 2. establish set -back and height standards for development within 100 feet of the bluff to limit height to 30 feet. Preserve or restore to a natural state areas within 40 feet of the bluff to screen development from the opposite shore; 3. establish scenic road design and architectural design standards for development along highways to enhance the river environment; 4. strengthen policies to improve the quality of surface water runoff and reduce erosion; and 5. add a strategy to reduce the negative impacts on the river corridor from existing development and or to educate land owners on practices that would reduce pollution or erosion and enhance resources. RECONEVIENDATIONS That the Metropolitan Council adopt the attached Findings and Conclusions with the following recommendations: 1. That the city may place its 2020 Comprehensive Plan and Mississippi River Critical Area Plan into effect and no modification is required. The comprehensive plan fully satisfies the requirements of the Metropolitan Land Planning Act which requires a plan update by 1998, and no further submittal is required. 2. That the Council recommend approval of the Critical Area Plan to the Minnesota Department of Natural Resources. 4 3. That the Council recommend that the city continue planning efforts with the National Park Service and the cities of Mendota and Mendota Heights to address other voluntary provisions of the MNRRA-CMP as described under findings. ii-wl-z Iq r j tj inwl KXT 4 "N f'O. 4 D" k 'Q1 N -A s' -3, .2. �41R 41 TA% .15,;, 0- Y. A77'.7-, r 7'779 an 41. 'jk 'r ''& ti 44 A'14 .4f -jTj�ov Wt 4VN, 4`1 r+ in TA" f" A I-, V� W'�&U IWA t--1 0 0 w 9T� 0 r O—A O—A CD ft%%� V-1 ATTACHMENT 3 Regional Systems 2 ,``�•�-�,� '����' `'rte i�. � �� � �' +� 1 1 • 1 N A0 1 2 3 4 Mile Recreation Open Space MCES Interceptors ® Federal Lands ■ WWTPs (non-MCES) Regional Park Reserves ' Regional Parks and Special /`/ Major Highways Recreation Features 00 Regional Airports ® State Lands - ----------- / 1 r f 70, ' r . 777 2 ,``�•�-�,� '����' `'rte i�. � �� � �' +� 1 1 • 1 N A0 1 2 3 4 Mile Recreation Open Space MCES Interceptors ® Federal Lands ■ WWTPs (non-MCES) Regional Park Reserves ' Regional Parks and Special /`/ Major Highways Recreation Features 00 Regional Airports ® State Lands CITY OF MENDOTA HEIGHTS October 2, 1997 TO: Mayor, City Council and City AdmiUUktor FROM: James E. Danielson, Public Works Dire &F SUBJECT: No Parking Zones on South Plaza Drive Metro Transit Services recently began using the cul-de-sac at the east end of South Plaza Drive as a hub for their buses (see attached letter). If other vehicles are parked in the cul-de-sac, their buses can not turn around. In order to avoid the problem we have installed temporary "No Parking" signs, however we need to legitimize the zone for no parking, and in order to do that Council needs to adopt an ordinance. I recommend that Metro Transit Services' request to establish a "No Parking - Bus Zone"'in the cul-de-sac on South Plaza Drive be granted. If Council desires to implement the recommendation they should pass a motion adopting ORDINANCE NO. , " AN ORDINANCE PROHIBITING PARKING IN THE SOUTH PLAZA DRIVE CUL-DE-SAC, AND EXTENDING 60 FEET WESTERLY ON THE NORTH SIDE AND 40 FEET WESTERLY ON THE SOUTH SIDE IN ORDER TO CREATE A BUS ZONE CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE PROHIBITING PARKING IN THE SOUTH PLAZA DRIVE CUL-DE-SAC, AND EXTENDING 60 FEET WESTERLY ON THE NORTH SIDE AND 40 FEET WESTERLY ON THE SOUTH SIDE IN ORDER TO CREATE A BUS ZONE SECTION 1. No person shall park or leave standing any motor vehicle in the cul-de- sac at the east end of South Plaza Drive and on the street extending 60 feet westerly on the north side and 40 feet westerly on the south side of the street in order to create a bus only zone. SECTION 2. DEFINITIONS 2.1 "Motor Vehicle" shall be deemed to mean any self-propelled vehicle with the exception of buses used for public transportation. 2.2 "Person" shall be deemed to mean and include individuals, partnerships, associations or corporations. SECTION 3. Any person failing to comply with the provisions of this ordinance shall be guilty of a misdemeanor. SECTION 4. This ordinance shall be in full force and effect from after publication according to law. Enacted and ordained into an ordinance this 7th day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS Un ATTEST: By Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor Metropolitan Council Working for the Region, Planning for the Future September 22, 1997 Transit Operations Jim Danielson Director of Public Works City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118-4167 Dear Mr. Danielson, Metro Transit recently began bus operations in the cul-de-sac at the end of South Plaza Drive, in front of the Parkview Plaza complex. The new bus turnaround facility works well for the more than 25 Metro Transit and Minnesota Valley Transit Authority buses that serve this location each day. I have noted two potential operational problems at the turnaround. First, parking is not banned in the cul- de-sac. A car parked in the cul-de-sac would cause significant problems for bus movements, especially during the winter. Second, there are a few times in the morning and afternoon peak periods when more than one bus is at this location at the same time. Having two buses in the circle blocks the driveway to Parkview Plaza. Also one bus can not pass another in the circle. To fix these problems, we would like to move our layover point out of the cul-de-sac and on to South Plaza Drive, on the northside of the roadway, just beyond the edge of the cul-de-sac. This will allow two buses to layover at the same time and allow one bus to pass another. i To facilitate bus operations on South Plaza Drive, Metro Transit requests that the following areas be posted as "No Parking Anytime": • the whole cul-de-sac at the end of South Plaza Drive, • the northside of South Plaza Drive from the edge of the cul-de-sac to a point 60 feet west, and • the southside of South Plaza Drive from the edge of the cul-de-sac to a point 40 feet west. Please call me at 349-7789 if you have any questions or concerns regarding this request. Sincerely, John Levin Associate Transit Planner Metro Transit cc: Mike Abegg, Minnesota Valley Transit Authority Scott Thompson, Metro Transit Service Planning Annette Floysand, Metro Transit Street Operations 560 Sixth Avenue North Minneapolis, Minnesota 55411-4398 (612) 349-7400 Transit Info 373-3333 TTY 341-0140 An Equal Opportunity Employer CITY OF MENDOTA HEIGHTS October 3, 1997 TO: Mayor, City Council and City Administrator FROM: Paul M. Kaiser, Fire Marshal SUBJECT: 6th Annual Fire Awards The Fire Safety Awards Program recognizes those firms which consistently and conscientiously emphasize the importance of fire safety in the workplace. The following firms are to receive an adhesive -backed emblem donating the year 1997 for this accomplishment to add to a previous plaque: A.R.R.T. Applied Coating Technology Associated Bureaus Batesville Casket Company Big Wheel/Rossi Center for Diagnostic Imaging Courtyard by Marriott Ecolab L.C.S. Metal Stamping Mendakota Country Club Mendota Heights Animal Hospital Mendota Heights Cycling and Fitness Metro II Minnesota Knitting Mills Somerset 19 Condo Association Somerset Country Club Speciality Equipment St. Paul United Methodist Church St. Peters Church Tempco Manufacturing New Plaques will be presented to the following firms to acknowledge their work in creating a fire safe atmosphere: Patterson Dental Supply Prime Source, Inc. Present the emblems and plaques to the firms showing their continued commitment to fire safety. CITY OF MENDOTA HEIGHTS October 2, 1997 TO: Mayor, City Council, and City Admin1 trap r FROM: Marc S. Mogan, P.E. , Civil Engineer M S M SUBJECT: Victoria Curve Safety Improvements Job No. 9616, Improvement No. 97, Project No. 3 DISCUSSION• Four bids (see attached resolution) were received and opened at City Hall on Thursday, October 2, 1997, at 2:00 p.m. for the Victoria Curve Safety Improvement project. The low bid was submitted by Bituminous Roadways, Inc, of Inver Grove Heights, MN. Their bid of $77,348.50 exceeded the Engineer's estimate of $55,000. There are three factors, in my opinion, which contributed to these elevated bid amounts. The first factor is the relatively small scale of the project. The second factor is some of the work which was specified to be done as part of the contract. We had specified that the excess common borrow material which had been generated and stockpiled near the South Plaza Drive cul-de-sac in the vicinity of Parkview Plaza be utilized for fill on this project. After the stockpile was removed we planned to restore this area with seed and mulch. We also planned to fill in the ditch between the existing trail and Victoria Curve between Lexington Avenue and the City Hall parking lot entrance after constructing concrete curb and gutter and storm sewer. This work turned out to be more expensive than had been anticipated (see attached Bid Abstract). The third reason is probably related to late season construction. We have no control over the first item. We could try to save some money by exploring other design options for the second. Finally, it is likely that some savings could be realized if the project were re -bid next spring, but it would take a significant bid reduction percentage on a project this size before it would translate into any significant savings in actual dollars. Council may want to consider these factors before taking any action to award this construction contract. This project is an extension of the improvements constructed in conjunction with the Mendota Interchange project. Those improvements were funded by Tax Increment Financing. Consequently, when Council approved the plans for these improvements, it was determined that Tax Increment Financing would be utilized to finance this project. These improvements could be constructed this fall, if Council decided to award the contract for construction at this Council meeting. Bituminous Roadways, Inc. has been the prime contractor, or subcontractor for many projects in the City, and we have been satisfied with the work they have performed. RECOMMENDATION: I recommend that Council consider the information presented, and if they want to construct this project as proposed this fall they should accept the bids, and award the contract to Bituminous Roadways, Inc., 9050 Jefferson Trail West, Inver Grove Heights, MN for their bid in the amount of $77,348.50. ACTION REQUIRED: If Council wishes to implement the recommendation, they should pass a motion adopting Resolution No. 97-_, RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR TRAIL CONSTRUCTION AND APPURTENANT WORK FOR VICTORIA CURVE SAFETY BIPROVEN[ENTS (IMPROVEMENT NO. 97, PROJECT NO. 3, JOB NO. 9616) MSM Attachment City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 97 - RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR FOR TRAIL CONSTRUCTION AND APPURTENANT WORK FOR THE VICTORIA CURVE SAFETY IMPROVEMENT PROJECT, IMPROVEMENT NO. 97, PROJECT NO. 3, JOB NO. 9616. WHEREAS, pursuant to an advertisement for bids for proposed trail construction and appurtenant work for Victoria Curve Trail Safety Improvements, Job No. 9616, Improvement No. 97, Project No. 3, bids were received, opened, and tabulated according to law and the following bids were received complying with said advertisement: - CONTRACTOR Bituminous Roadways, Inc., Inver Grove Heights, MN Daily & Son Blacktopping, Inc., Newport, MN Aschbach Construction Co., St. Paul, MN Vi -Con, Inc. Northfield, MN and TOTAL BID $77,348.50 $78,815.25 $79,314.25 $81,720.00 WHEREAS, the City Engineer recommended that the low bid submitted by Bituminous Roadways, Inc., of Inver Grove Heights, Minnesota, be accepted. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the bid of Bituminous Roadways, Inc., of Inver Grove Heights, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 3. That the contract be awarded to Bituminous Roadways, Inc., Inver Grove Heights, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS Lm ATTEST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor DIDABSTRA-CT-=VICT-ORIA-CURVUAFETY MpR_QVEMENTS CITY OF MENDOTA HEIGHTS 1101 Victoria Curve Mendota Heights, MN 55118 * (612) 452-1850 I certify that I have personally opened and read all bids, verified this abstract and find it correct By: No. escription 1. Relocate Trees 2. ClearTrees- 3. Grub 411 - 12`Trees Trees 4. Clear 12" - 24" Trees 5. Grub 12 -24'-'Trees 6. _Bitumino_uss-PO!wq. Subg!4qS-Preparation 7.-11��!!19-yq-qqncLete Curb -and Gutter and D' 8. - Reqjov�eSqjjcLe!q_Rayeq!ept !§p2se i Camman Borrow (LVA From City Stockpile, See 10. -ComMT! Barrow -(LV) From Outside Sources 11- Select Granular Borrow I -Y-- - - - -- - - ---- .1connect to Existing 19alchbasin Manhole IMPROVEMENT NO. 97, PROJECT NO. 3 Location: Victoria Curve Job No. 9616 Date Opened: 10-2-97, 2:00 P.M. 1 Daily and Son Newport, MN Bituminous Roadways ty Unit Inver Grove Hts, MN 3 EA $275.00 3 EA $316.00 $948.00 3 EA-- $85.00 $255.00 4 EA f516 .00 T2- ,og-47 0 .67 4 EA 00 ---- 460.00 11200 ite 15 09 0 .00 $82400.00 26 1,375.00 .00 $28C6-0- 25 ial-Conditions 250 S. F. C.Y. -Y $11.0 $20.00 5.000.00 -$20-. 250 1000.00 150 C.Y. _Tk- $20. - - . $234.0 1 Daily and Son Newport, MN 1 9 �195.0 - 0 - 5 5 $ 85.00_ .66__ 3 0 0-- $j-dd- 0 0 9 $900.00 2 0 $82.00 4 ' $24K-06-- �T9K-co- 9 -00 ---- $4 5$440.00_ _$246.00 li-A6-.60- $ 1 - 9 $110.00 $4410 $ $8 . 5 $8.50 - $ 1 91 2 .00 t2QQL -$5 $20 .0 0 0 0 1 $520. $ -QO- $251 $230$ - 0 -�3 3 50 0 , �5 0.00 15 09 0 $2,250.00 0 ��t575.00 1,375.00 BIDABSTRACT�XICTORIA-CURVE-SAFETY-IMPI—QVEMENTS CITY OF MENDOTA HEIGHTS 4 1101 Victoria Curve Mendota Heights, MN 55118 * (612) 452-1850 I certify that I have personally opened and read all bids, verified this abstract and find it correct By: No. Description IMPROVEMENT NO. 97, PROJECT NO. 3 Location: Victoria Curve Job No. 9616 Date Opened: 10-2-97, 2:00 P.M. Bituminous Roadways Daily and Son (qty Unit Inver Grove Hts, MN Newport, MN _13.i 15" C_P Pipe Sewer (Smooth)_In,Place, Including FittingsSAll Depth Zones) 140 FT $29.90 $4 86.00 $33.00__ $4,620.00_ 14. MnDot Design 48-4020 Drainage Structure (0'- 8' Deep) Complete W/Casting, In_Place 1 EA $1,610.00 $1,610.00 $3,025.00 $3,025.00 15. Concrete Curb and Gutter Preparation, Inc. Bituminous Pavement Removal and Disposal Off -Site, and Excavation to finished Subgrade per Std_ Detail_ _ 525 FT $8.00 $4,200.00 $2.50 $1,312.50 16. B618 Concrete Curb and Gutter, In -Place 525 FT $12.60 $6,615.00 $12.15 $6,378.75_ 17. _ Concrete Curb and Gutter Restoration, Inc. MnDot Class 5 (100% Crushed) Quarry Rock, MnDot 2331 Type 31 of 32 Bit. Base, and Type 3 1 A or 32A Mod. Bit. Wear, In -_Place, per Std. Detail 525 FT $8.00 $4,200.00 $3.00 $1,575.00 18. __ 6" MnDOT Class 5 Aggregate Base (100% Crushed) Quarry Rock Coruction In -Place, for _Pathwaynst 400 TON $16.00 $6,400.00 $18.00 $7,200.00— _19._ 2" Bituminous WBaring Course Mixture, MnDot 2331 (Type 41A , In -Place _ 130 TON_ $42.00 $5,460.00 $55.00_ _$7,150.00 _20. _2-17 Adjust Existing Catch Basin Manhole 1 EA_ $275.00 —$2_75.00_ $200_.00_ _$200.00^ 4" Concrete Walk for Pedestrian Ramps, In -Place ---------------------------- ----- Sod with 4" Topsoil 150 S.F. $5.65 $847.50 ----- $5.50 ---- $825.00— — -- - - -- 22. 750 S.Y. $7.75 $5,812.50 $7.90 $5,9255.00_ 2 BID .ABS.TRACT—VVICTORIA_CIRYE-SAFET_Y_IMPRQYElY ENTS CITY OF MENDOTA HEIGHTS �. 1101 Victoria Curve Mendota Heights, MN 55118 * (612) 452-1850 I certify that I have personally opened and read all bids, verified this abstract and find it correct By: No. Descrintion IMPROVEMENT NO. 97, PROJECT NO. 3 Location: Victoria Curve Job No. 9616 Date Opened: 10-2-97, 2:00 P.M. Bituminous Roadways Daily and Son Otv Unit Inver Grove Hts. MN Newoort. MN 23.� MnD_OT Seed Mix 15A with 4" Topsoil 1,000 S.Y. $4.50 $4,500.00 $1.95 $1!950.00 24. Wood Fiber Erosion Control_ Blanket 1 1 000 S.Y. $2.40 $2,400.00 $0.80 $800.00_ 25 MnDot Seed Mix 50A with 4" Topsoil and Type 1 Mulch, Disc Anchored In -Place 1 ACRE $2,300.00 $2,300.00 c"— $10,900.00 $10,900.00 `h"— 26. 14LSolid Line- White,_In-Place 590 L.F. $3.05 $1,799.50 $1.20 $708.00 27. GRAND TOTAL PROJECT (Items 1-26) 3 $77,148,50 $78,815.25 0 BIL-ABSTRACT-VICTORIA-CURVE'-SAFETY-IMPRGYEMENTS CITY OF MENDOTA HEIGHTS 1101 Victoria Curve Mendota Heights, MN 55118 * (612) 452-1850 I certify that I have personally opened and read all bids, verified this abstract and find it correct Nn npQrrintinn IMPROVEMENT NO. 97, PROJECT NO. 3 Location: Victoria Curve Job No. 9616 Date Opened: 10-2-97, 2:00 P.M. Ashbach Construction Vi -Con Otv Unit St- Paul- MN Northfield- MN 1. Relocate Trees 3 EA_ $68.00 $20_4.00 $4_00.00 $1,200.00_ 2. _ _ _ Clear 4" - 12" Trees 3 EA $79.00 $237.00 _ $300.00 $900.00_ 3. _ Grub 4' - 12" Trees 3 $79.00 $237.00 $300.00 _$900.00_ �4. _ _ _ _ Clear 12" - 24" Trees 4 _EA_ EA $158.00 $632.00 $800.00 $3,2_00.00 5. Grub 12" - 24" Trees 4 EA $105.00 $420.0_0_ $400.00 $1,600.00_ 6. _7.- Bituminous Pathway _Subgrade Preparation. Remove_ Concrete_ Curb and Gutter and Dispose Off -Site 1;200 L.F. $4.10 $4,920.00_ - $4.00_ _$_4,800_.00 26 FT. $4.75 $123.50 $10.00 $260.00- 8. Remove Concrete Pavement 25 S.F. $2.35 $58.75 $15.00 $375.00 9. Common Borrow (LV) From City Stockpile, See Special Conditions 250 C.Y. $18.00 $4,500.00_ $16.00 $4000.00 10. Common Borrow (L�_From Outside Sources 250 C.Y. $12.67 $3,167.50 $18.00 $4,500.00_ 11. _ Select Granular Borrow (LVA 150 C.Y. $18.15 $2,722.50_ $20.00_ $3,000.00_ 12. Connect to Existing Catchbasin Manhole 1 EA_ $865.00 $865.00- _$800.00 _$800.00 4 BID_ABSTRACT-VICTORIA-CURVE_SAFETY-IMPROVEMENTS CITY OF MENDOTA HEIGHTS 1101 Victoria Curve Mendota Heights, MN 55118 * (612) 452-1850 I certify that I have personally opened and read all bids, verified this abstract and find it correct No. 13. 14. — 15. 16. 17. — _17_. 18. 19. 20. 21. 22 Descrintion IMPROVEMENT NO. 97, PROJECT NO. 3 Location: Victoria Curve Job No. 9616 Date Opened: 10-2-97, 2:00 P.M. Ashbach Construction Vi -Con ON Unit St- Paul_ MN Nnrthfielri MN 15" CP Pipe Sewer (Smooth) In -Place, Including Fittings All Depth Zones) 140 FT $26.75 $3,745.00 $35.00 _$4,900.00 MnDot Design 48-4020 Drainage Structure (0'- 8' Deep) Complete 1 EA $2,630.00 $2,630.00 $2,500.00 $2,500.00 W/Casting, In -Place - Concrete Curb and Gutter Preparation, Inc. Bituminous Pavement 525 FT $5.50 $2,887.50 $6.00 $3,150.00 Removal and Disposal Off -Site, and Excavation to finished Subgrade per_Std. -Detail B618 Concrete Curb and Gutter, In -Place 525 FT $12.60 $6,615.00_ $25.0_0 $13,125.00 Concrete Curb and Gutter Restoration, Inc. MnDot Class 5 (100% 525 FT $14.10 $7,402.50 i $8.00 $4,200.00 Crushed) Quarry Rock, MnDot 2331 Type 31 of 32 Bit. Base, and Type 31A or 32A Mod. _Bit. _Wear, _In-Place,per Std. Detail 400 TON $16.05 $6,420.00 $14.00 6" MnDOT Class 5 Aggregate Base (100% Crushed) Quarry Rock $5,600.00 In -Place, for Pathway Construction 2" Bituminous Wearing Course Mixture,_ MnDot 2331 (Type 41A), In -Place -- - - - --- -- --- 130 --- -- TON - - $58.50 -- - - - - -- $7,605.00 - - $45.00 $5,850.00 A&st Existing -Catch -Basin Manhole 1 EA_ $218.00_ $218.00_ - 150 S.F. $4.75 $712_.50_ __$400.00__ $5.50 _$400.00 $825.00_ 4" Concrete Walk for Pedestrian Ramps, In_Place — - Sod with 4" Topsoil 750 S.Y. $8.15 $6,112.50 _ $9.00 $6,750.00 5 B ABSTRACT-=.VICTORIA—CUR—VE-SAFET_Y_IMPROYEMENTS CITY OF MENDOTA HEIGHTS :. 1101 Victoria Curve Mendota Heights, MN 55118 * (612) 452-1850 I certify that I have personally opened and read all bids, verified this abstract and find it correct Is WA -9 91002 �� . i.40 Wn ilacrrintinn IMPROVEMENT NO. 97, PROJECT NO. 3 Location: Victoria Curve Job No. 9616 Date Opened: 10-2-97, 2:00 P.M. Ashbach Construction Vi -Con Otv Unit St_ Paul_ MN Nnrthfield_ MN 23. IMnDOT Seed Mix 15A with 4" Topsoil 1,000 S.Y. $5.10 $5,100.00 $3.00 $3,000.00 24. Wood Fiber Erosion Control Blanket 1,000 S.Y. $2.00 $2,000.00 $2.50 $2,500.00 25. MnDot Seed Mix 50A with 4" Topsoil and Type 1 Mulch, Disc Anchored In -Place 1 ACRE $9,130.00 $9,130.00 $2,500.00 $2,500.00 26. 4" Solid Line- White, In -Place 590 L.F. $1.10 $649.00 $1.50 $885.00 27. GRAND TOTAL PROJECT (Items 1-26) x,314 25 $U1,720.00 6 CITY OF MENDOTA HEIGHTS October 6, 1997 TO: Mayor, City Council, and City Administrator FROM: Marc S. Mogan, P.E. , Civil Engineer t -A S M SUBJECT: Roger's Lake Addition Drainage Improvement Job No. 9312 DISCUSSION• Four bids (see attached resolution) were received and -opened at City Hall on Monday, October 6, 1997, at 2:00 p.m. for the Roger's Lake Addition Drainage Improvement project. The low bid was submitted by Penn Contracting, Inc., of Blaine, MN. Their bid of $20,132.00 exceeded the Engineer's estimate of $17,000.00. Included in this bid package was an add alternate to solve a perpetual storm water problem at 690 2nd Avenue between Vandall Street and Clement Street. The problem at this location generally occurs during the spring snowmelt period. The driveway at 690 2nd Avenue, and a large area within the street at this location, become inundated with standing water which then freezes as the temperature falls. This creates a potentially dangerous situation which should be eliminated. Dick Rupert, owner of the affected property at 690 2nd Avenue, has approached the City to request a solution to this chronic condition. Construction of a catchbasin and a storm manhole connection to the existing storm sewer pipe on 2nd Avenue (see attached) would alleviate this problem at minimal cost. The Contractor's bid to do this work is 4,282.00. As was the case with Roger's Lake Drainage Improvement project, this is another instance where the property owner has already been assessed for storm water improvements in conjunction with the Clement-Vandall Street and Storm Sewer Project, Improvement No. 74, Project No. 8, constructed in 1976. The proposed financing of this construction would therefore be similar to that of the Roger's Lake Drainage Improvement project, where it would be proper and appropriate for Council to utilize the Storm Water Utility Fund to finance this work. Both of these improvements could be constructed this fall, if Council decided to award the contract for construction at this Council meeting. Penn Contracting, Inc., Blaine, MN has been a subcontractor for projects in the City, and we have been satisfied with the work they have performed. RECONEM(ENDATION• I recommend that Council accept the bids, and award the contract to Penn Contracting, Inc., 13025 Central Avenue N.E., Blaine, MN for both bids in the amounts of $20,132.00 for the Roger's Lake Addition Drainage Improvements, and $4,282.00 for the construction of a catchbasin and storm manhole connection to the existing 2nd Avenue storm sewer system. ACTION REQUIRED: If Council wishes to implement the recommendation, they should pass a motion adopting Resolution No. 97-_, RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR FOR ROGER'S LAKE ADDITION DRAINAGE IMPROVEMENTS AND APPURTENANT WORK, JOB NO. 9312. MSM Attachment 14 0 City of Cmw Mendota - Heights 2d AVENUE STORM SEWER 9-23-97 Pliol VICTORIA CURVE e MENDOTA HEIGHTS, MN 55118 (612) 452-1850 W 0 �,/' MARIE AVENUE WEM ��%����� City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 97 - RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR FOR ROGER'S LAKE ADDITION DRAINAGE IMPROVEMENTS AND APPURTENANT WORK, JOB NO. 9312. WHEREAS, pursuant to an advertisement for bids for proposed trail construction and appurtenant work for Roger's Lake Addition Drainage Improvements, Job No. 9312, bids were received, opened, and tabulated according to law and the following bids were received complying with said advertisement: ROGER'S CONTRACTOR LAKE 2ND AVENUE TOTAL BID DRAINAGE Penn Contracting, Inc., Blaine, $20,132.00 $4,282.00 $24,414.00 MN S.W. Lee Construction, $22,185.75 $3,300.00 $25,485.75 Newport, MN U.L. Contracting, Inc. $32,091.30 $3,990.00 $36,081.30 Medina, MN RO-SO Contracting, Inc. $32,780.00 $7,335.90 $40,115.90 Centerville, MN and WHEREAS, the City Engineer recommended that the low bid submitted by Penn Contracting, Inc., Blaine, Minnesota, be accepted. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the bid of Penn Contracting, Inc., Blaine, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 3. That the contract be awarded to Penn Contracting, Inc., Blaine, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS fu 1 October 2, 1997 TO: Mayor, City Council, and City Administrator FROM: Marc S. Mogan Civil Engineer SUBJECT: Roger's Lake Addition Drainage Improvement Job No. 9312 DISCUSSION: Bids for the Roger's Lake Addition Drainage Improvement project will be received on Monday, October 6, 1997 at 2:00 P.M. These bid results will be presented to Council for their review and award consideration at their meeting that same evening. ACTION REOUIRED: None. For information only. 4 MSM CITY OF MENDOTA HEIGHTS October 6, 1997 TO: Mayor, City Council and City Administrator FROM: Guy Kullander, Engineering Technician A SUBJECT: Bids for Street Markings and Striping Bid documents were sent to the major striping contractors in the Twin Cities for this project. Due to the lateness of the season, many firms are fully committed for this construction season and chose not to bid on the project,. which had a November 1st completion date. Only two firms submitted bids, and are as follows: V: -S z-�! Precsion Pavement Marking, Minneapolis, MN $6,569.50 AAA Striping Service, Rogers, MN $7,990.29 My original estimate for the amount of work required was in the $8,000 to $10,000 range. I recommend that the City Council award this bid to the low bidder Precision Pavement Marking, Inc. of Minneapolis, Minnesota for the low bid of $6,569.00. F5161111•111 If Council wishes to implement the recommendation, they should pass a motion adopting Resolution No. 97- , RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PAVEMENT MARKINGS AND STREET STRIPING, OMPROVEMENT NO. 97, PROJECT NO. 6, JOB NO. 9711). City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 97 - RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PAVEMENT MARKINGS AND STREET STRIPING IMPROVEMENT NO. 97, PROJECT NO. 6, JOB NO. 9711 WHEREAS, pursuant to an advertisement for bids for proposed pavement markings and street striping, Job No. 9711, Improvement No. 97, Project No. 6, bids were received, opened, and tabulated according to law and the following bids were received complying with said advertisement: Precision Pavement Markings, Minneapolis, MN $6,569.00 AAA Striping Service, Rogers, MN $7,990.29 WHEREAS, the City Engineer recommended that the low bid submitted by Precision Pavement Markings, of Minneapolis, Minnesota be accepted. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: That the bids for the above project are hereby received and accepted. '2. That the bid Precision Pavement Markings, of Minneapolis, Minnesota, submitted for the pavement markings and street striping improvements be and the same is hereby accepted. 3. That the contract be awarded to Precision Pavement Markings, Minneapolis, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS LM ATTEST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor TO: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 O SUBJECT: Paint Striping and Markings Job No. 9711 Project No. 97, Project No. 6 To Whom it May Concern: The undersigned having familiarized herself with the local conditions affecting the cost of the Work and the Contract Documents including Instructions to Bidders, Bid Proposal, Specifications, and Drawings, hereby proposes the furnishing of all labor, equipment, material, and skill necessary for the application of paint striping and markings and all other incidental work for the City of Mendota Heights, MN, all in accordance with the Contract Documents, for the unit and/or lump sum prices as set forth hereinafter, and in accordance with this Specification. Lora—NJ 1. 7,210 LF 4" Solid Line -White, in place $ .07 $ 504.70 2. 2,200 LF 4" Solid Line - Yellow, in place $ .08 $ 176.00 3. 19,050 LF 4" Double Lines - Yellow, in place $ .16 $ 3,048.00 4. 16,650 LF Skip Line, Yellow, in place (Skip 30' paint 10') Est. Total paint = 4,163 lin feet $ .08— $1,332.00 5-.. 3 EA White Turn Arrows (2 locations) $ 30.00 $ 90.00 6. 69 LF 12" Stop Bar, White, in place $ .70 $ 48.30 (3 locations) 7. 83 EA 3'x6' Crosswalk Bars, White, in place (11 locations) $ 15.00 $ 1,245.00 8. 1 Lump "Black Out" markings on Lexington Sum at Centre Pointe Curve $ 75.00 $ 75.00 9. 1 Lump "Black Out" Crosswalk markings on Sum Marie Avenue at Ridgewood Drive $ 50.00 $ 50.00 10 GRAND TOTAL PROJECT (Items 1-9) $ 6,569.00 MW Our proposal contemplates performing the work upon the Unit and Lump Sum Prices bid, the quantities shown being approximate only and for use on determining the low bid. Final Payment will be made upon the quantities as actually measured in place. In submitting this Bid, it is understood that the right is reserved by the City to reject any and all bids or to make award on the basis most advantageous to the Owner, and it is agreed that this Bid may not be withdrawn for a period of thirty (30) days after the opening of bids. Firm Name: Precision Pavement Marking, Inc BY:XAZ'�'a� c4"'�/ Title: President OFFICIAL ADDRESS: 4754 Lyndale Ave No Date: October 1, 1997 Phone: (612) 529-7820 Fax: MW TO: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 COP SUBJECT: Paint Striping and Markings Job No. 9711 Project No. 97, Project No. 6 To Whom it May Concern: The undersigned having familiarized with the local conditions affecting the cost of the Work and the Contract Documents including Instructions to Bidders, Bid Proposal, Specifications, and Drawings, hereby proposes the furnishing of all labor, equipment, material, and skill necessary for the application of paint striping and markings and all other incidental work for the City of Mendota Heights, MN, all in accordance with the Contract Documents, for the unit and/or lump sum prices as set forth hereinafter, and in accordance with this Specification. 100 I I►1! F01 Lei 1. 7,210 LF 4" Solid Line White, in place $-0-08 $ 576.80 2. 2,200 LF 4" Solid Line - Yellow, in place $ 0.09 $ 198.00 3. 19,050 LF 4" Double Lines - Yellow, in place $ 0.18 $ 3,429.00 4. 16,650 LF Skip Line, Yellow, in place (Skip 30' paint 10') Est. Total paint = 4,163 lin feet $0,02 $ 333,00 5- 3 EA White Turn Arrows (2 locations) $ 45.00 $ 135.00 6. 69 LF 12" Stop Bar, White, in place $ 7.33 $ 505.77 (3 locations) 7. 83 EA 3'x6' Crosswalk Bars, White, in place (11 locations) $ 21.84 $1,812-72 8. 1 Lump "Black Out" markings on Lexington Sum at Centre Pointe Curve $ 550.00 $ 550.00 9. 1 Lump `Black Out" Crosswalk markings on Sum Marie Avenue at Ridgewood Drive $ 450.00 $ 450.00 10 GRAND TOTAL PROJECT (Items 1-9) $7,990-29 Our proposal contemplates performing the work upon the Unit and Lump Sum Prices bid, the quantities shown being approximate only and for use on determining the low bid. Final Payment will be made upon the quantities as actually measured in place. In submitting this Bid, it is understood that the right is reserved by the City to reject any and all bids or to make award on the basis most advantageous to the Owner, and it is agreed that this Bid may not be withdrawn for a period of thirty (30) days after the opening of bids. Firm N e: AAA STRIPING SERVICE CO. By:M" UEAN L. LRICKSON--� Title: ESTIMATOR OFFICIAL ADDRESS: P.O. Box 349 RoGERS, NN 55374 Date: OCTOBER 3, 1997 Phone: 612/428-4322 -M Fa CITY OF MENDOTA HEIGHTS September 29, 1997 TO: Mayor, City Council and City Administrator FROM: Guy Kullander, Engineering Technician e SUBJECT: Street Striping and Markings Bids will be received and opened on Monday, October 6h for the application of street paint striping and markings. Streets included in this years contract will receive centerline, no passing, or lane edge line striping as well as stop bars and crosswalk (3' x 6') blocks. Approximately 63/4 miles of city streets will be striped with a total combined length of 4" wide paint line over eleven miles long. The following streets will be striped and marked: Marie Avenue: 3 Mendota Heights Road: Wagon Wheel Trail: Decorah Lane: Huber Drive: South Plaza Drive: Mendakota Drive: Chippewa Avenue: Pagel Road: Keokuk Lane: Lexington Avneue to Delaware Avenue Dodd Road to Highway 13 Lexington Avenue to Dodd Road Dodd Road to Huber Drive Delaware Avenue to Mendota Heights Road Dodd Road to 500 feet east Dodd Road to Mendakota Court Dodd Road to Annapolis Havenview to Dodd Road Dodd Road to Pagel Road Funding for this project will be from the M.S.A. Reserve Fund. Bid results with a recommendation will be available Tuesday for Council consideration. No action is required. This memo is for information only. CITY OF MENDOTA HEIGHTS October 2, 1997 TO: Mayor, City Council, and City Admini FROM: Marc S. Mogan, Civil Engineer 04�0 SUBJECT: Tilsen's Highland Heights Street Reconstruction Project Assessment Hearing DISCUSSION• The public hearing considering assessments for the Tilsen's Highland Heights Street Reconstruction project was advertised for 7:45 P.M. this evening. Costs for this project were fixed at $3,700 per lot at the feasibility hearing, and the final project costs will be within those amounts. There were 30 homeowners that requested additional driveway improvement work be added to their assessments, and they have been charged accordingly for that entire amount. RECOMMENDATION: I recommend that the assessment roll be adopted as prepared. i ACTION REQUIRED: Conduct the required public hearing and then if Council desires to implement the recommendation they should pass a motion adopting Resolution No. 97- , RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET RECONSTRUCTION TO SERVE TILSEN'S HIGHLAND HEIGHTS, TILSEN'S HIGHLAND HEIGHTS PLAT 2, TILSEN'S HIGHLAND HEIGHTS PLAT 3, AND SURROUNDING AREAS (IMPROVEMENT NO. 96, PROJECT NO. 4). City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 97 - RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET RECONSTRUCTION TO SERVE TILSEN'S HIGHLAND HEIGHTS, TILSEN'S HIGHLAND HEIGHTS PLAT 2, TILSEN'S HIGHLAND HEIGHTS PLAT 3, AND SURROUNDING AREAS (IMPROVEMENT NO. 96, PROJECT NO. 4) BE IT RESOLVED by the City Council of the City of Mendota Heights as follows: WHEREAS, the City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for the costs incurred to date with respect to Improvement No. 96, Project No. 4 construction of Street Reconstruction/Rehabilitation improvements to serve the following property situated in the City of Mendota Heights, Dakota County, Minnesota, more particularly described as follows: Those parcels within Tilsen's Highland Heights, Tilsen's Highland Heights Plat 2, and Tilsen's Highland Heights Plat 3, abutting Caren Court, Caren Road, Douglas Court, Douglas Road, James Court, James Road, Lilac Lane and Vicki Lane. WHEREAS, the proposed assessment roll has been on file with the Clerk and at all tunes since its filing has been open for public inspection; and notice thereof has been duly published and mailed as required by law. Said notice stated the date, time and place of such meeting; the general nature of the improvement; the area proposed to be assessed; that the proposed assessment roll has been on file with the Clerk; and that written or oral objections thereto by any property owner would be considered; and WHEREAS, said hearing was held at 7:45 o'clock P.M. or as soon as possible thereafter, on Tuesday, October 7, 1997 at City Hall in the City of Mendota Heights, Minnesota; and WHEREAS, the Mayor announced that the hearing was open for the consideration of objections, if any, to said proposed assessments; and WHEREAS, all persons present were then given an opportunity to present oral objections, and all written objections theretofore filed with the Clerk were presented and considered. NOW THEREFORE, this Council, having heard and considered all objections so presented, and being fully advised in the premises, and having made all necessary adjustments and corrections, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment roll was and is specially benefited by the construction of said improvements in not less than the amount of the assessment, as corrected, set opposite the description of each such lot, piece and parcel of land, respectively, and that such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described; and BE IT FURTHER RESOLVED, that the proposed assessment roll when adopted and confirmed as to the proper special assessment for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of seven percent (7 %) per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each assessment as to street reconstruction/rehabilitation improvements shall be payable in equal amounts extending over a period of nineteen (19) years; the first of said installments, together with interest on the entire assessment commencing thirty (30) days from the date of the official letter of assessment to December 31, 1997, to be payable with general taxes for the year 1997, collectible in 1998, one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, to be payable with general taxes for each consecutive year thereafter until the entire assessment is paid. BE IT FURTHER RESOLVED, that prior to November 6, 1997 the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, without interest to the City Treasurer; and BE IT FURTHER RESOLVED, that the Clerk shall prepare and transmit to the County Auditor a certified duplicate of said assessment roll with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter collect said assessments in the manner provided by law. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS a/ ATTEST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor ASSESSMENT PERIOD Street Reconstruction - 19 years INTEREST RATE - 7 % CITY OF MENDOTA HEIGHTS ASSESSMENT ROLL TILSEN'S HIGHLAND HEIGHTS REHABILITATION/RECONSTRUCTION JOB NO. 9612, IMP. 964 ADOPTED: ASSESSMENT RATES Street Reconstruction - $3,700 per lot (Street Rehabilitation/Reconstruction Fund - 50%) PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76400- Frances I. Christian Tilsen's Highland Heights 6 1 $3,700.00 $3,700.00 060-01 1636 Lilac Lane pt of lots 4 to Lot 6 Blk 1 corn W line L-5 Mendota Heights, MN 55118 10.18 ft N of SW cor E & parr to S line L-6 to E line L-6 N on E line L-6 ex N to N line L-5 NW to pt on W line L-4 76.37 ft N of SW Cor L-4 S on W lines of Lots 4 & 5 Lots 5 to beg 27-76400- Jeffrey & Mary Beissel Tilsen's Highland Heights 6 1 $3,700.00 $3,700.00 061-01 1642 Lilac Lane pt of L-5 & 6 B-1 S & W of line com W Mendota Heights, MN 55118 line lot 5 10.18 ft N of SW cor E & parr with S line of Lot 6 to E line Lot 6 ex pt of L-6 Eofline 0.5 ftWof&parr toEline &Sof line com 55 ft S of NE cor L-41 ext W of Lot 6 Block 1 27-76400- Gloria H. Spelios Tilsen's Highland Heights 7 1 $2,330.00 $3,700.00 $6,030.00 070-01 1650 Lilac Lane Mendota Heights, MN 55118 27-76400- Kern A. Pomeroy Tilsen's Highland Heights 8 1 $2,420.00 $3,700.00 $6,120.00 080-01 1658 Lilac Lane Mendota Heights, MN 55118 Tilsens Page 1 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76400- Patrica M. Carson Tilsen's Highland Heights 9 1 $2,590.00 $3,700.00 $6,290.00 090-01 1666 Lilac Lane Mendota Heights, MN 55118 27-76400- Mary E. Kingston Tilsen's Highland Heights 10 1 $3,700.00 $3,700.00 100-01 1672 Lilac Lane Mendota Heights, MN 55118 27-76400 Penelope G. Nyfenger Tilsen's Highland Heights 11 1 $3,700.00 $3,700.00 110-01 1678 Lilac Lane Mendota Heights, MN 55118 27-76400- Lewis A & Marjorie Blustin Tilsen's Highland Heights 12 1 $3,700.00 $3,700.00 120-01 1686 Lilac Lane Mendota Heights, MN 55118 27-76400- Victor J. & Sheila A. Bremer Tilsen's Highland Heights 13 1 $3,700.00 $3,700.00 130-01 1694 Lilac Lane Mendota Heights, MN 55118 27-76400- Jeremy P. Mayberg & Marie E. Forbush Tilsen's Highland Heights 14 1 $3,700.00 $3,700.00 140-01 1700 Lilac Lane Mendota Heights, MN 55118 27-76400- Thomas J. & Nancy J. Nelson Tilsen's Highland Heights 15 1 $3,700.00 $3,700.00 150-01 1704 Lilac Lane Mendota Heights, MN 55118 27-76400- Rollin Neil Larson Tilsen's Highland Heights 17 1 $3,700.00 $3,700.00 170-01 1710 Lilac Lane All of Lot 16 Blk 1 & N 1/2 of L-17 B-1 Mendota Heights, MN 55118 27-76400- Bradford W. & L.A. Genereaux Tilsen's Highland Heights 18 1 $3,700.00 $3,700.00 180-01 1730 Lilac Lane S 1/2 of L-17 Blk 1 & all of L-18 B-1 Mendota Heights, MN 55118 Tilsens Page 2 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76400- Keith A. Gardner & Melissa Klein Gardner Tilsen's Highland Heights 20 1 $3,700.00 $3,700.00 200-01 1733 Vicki Lane All of Lot 19 Blk 1 ex N 87 ft of Lot 20 Mendota Heights, MN 55118 a. Block 1 27-76400- Thorns P. Parker Tilsen's Highland Heights 20 1 $3,700.00 $3,700.00 201-01 1725 Vicki Lane N 87 ft of L-20 Blk 1 Mendota Heights, MN 55118 27-76400 William W. & Kathryn Roach Tilsen's Highland Heights 21 1 $2,350.00 $3,700.00 $6,050.00 210-01 1721 Vicki Lane Mendota Heights, MN 55118 27-76400- Keith R. Bellis Tilsen's Highland Heights 23 1 $3,700.00 $3,700.00 230-01 1711 Vicki Lane All of Lot 22 Block 1 and pt S of line of Mendota Heights, MN 55118 Lot 23 Blk 1 com int W line and N line L-15 E to pt on E line L-23 8 ft N of SE cor 27-76400- Joseph & Michele B. Morgan Tilsen's Highland Heights 24 1 $3,700.00 $3,700.00 240-01 1707 Vicki Lane Pt N of Line of Lot 23 Blk 1 com int W Mendota Heights, MN 55118 line & N line L 15 E to pt on E line Lot 23, 8 ft N of SE cor & pt of Lot 24 Blk 1 lying W of W line Lot 35 ext S to Vicki Lane 27-76400- Ned V. Rukavina & Leslie A. Pilgrim Tilsen's Highland Heights 25 1 $2,720.00 $3,700.00 $6,420.00 250-01 1704 Vicki Lane Pt of Lot 24 Blk 1 lying E of W ine L-35 Mendota Heights, MN 55118 ext S to Vicki Land and all of L-25 B-1 27-76400- Harold & Patrice Kaplan Tilsen's Highland Heights 26 1 $3,700.00 $3,700.00 260-01 1710 Vicki Lane Mendota Heights, MN 55118 27-76400- Walter W. & Dorothy Petroski Tilsen's Highland Heights 27 1 $3,700.00 $3,700.00 270-01 1720 Vicki Lane Mendota Heights, MN 55118 Tilsens Page 3 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76400- James S. & Stephanie Levine Tilsen's Highland Heights 28 1 $3,700.00 $3,700.00 280-01 1724 Vicki Lane Mendota Heights, MN 55118 Y 27-76400- Cori B. Johnson Tilsen's Highland Heights 29 1 $3,700.00 $3,700.00 290-01 1732 Vicki Lane Mendota Heights, MN 55118 27-76400 Thomas S. Kreager Tilsen's Highland Heights 30 1 $3,700.00 $3,700.00 300-01 1731 Victoria Road Mendota Heights, MN 55118 27-76400- Gail K. & Rev. Tst Frisch Tilsen's Highland Heights 41 1 $9,150.00 $3,700.00 $12,850.00 412-01 960 Caren Road Lot 3 Blk 1 ex N 40 ft (taken for Caren Road) Mendota Heights, MN 55118 pt of Lots 4 & 5 Blk 1 lying E & NE of following line: com NE cor lot 6 NW on ext of E line lot 6 to int N line Lot 5 NW to pt on W line Lot 4 76.37 ft (following lot line) N of SW cor and N 55 ft of Lot 41 Blk 1 subj to parr 11 Dakota Co. R/W map No. 119 27-76400- Stanley & Judith J. Starkman Tilsen's Highland Heights 2 2 $3,700.00 $3,700.00 020-02 990 Douglas Road pt of Lots 1 and Lot 2 Blk 2 lying W of line Mendota Heights, MN 55118 corn N line L-2 129.33 ft E of NW cor L-1 S to pt on S line L-1 129.33 ft E of SW cor 27-76400- David & Fern Sanders Tilsen's Highland Heights 3 2 $3,700.00 $3,700.00 030-02 980 Douglas Road Pt of Lots 1 and Lot 2 Blk 2 lying E of line Mendota Heights, MN 55118 corn N line L-2 129.33 ft E of NW cor L-1 S to pt on S line L-1 129.33 ft E of SW cor and W 10 ft of L-3 B-2 27-76400- Rodney & Paula Carey Tilsen's Highland Heights 4 2 $3,700.00 $3,700.00 040-02 976 Douglas Road E 70 ft of Lot 3 Block 2 and W 45 ft of Mendota Heights, MN 55118 Lot 4 Blk 2 Tilsens Page 4 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76400- Bevan T. & Judith Marvy Tilsen's Highland Heights 5 2 $3,700.00 $3,700.00 050-02 970 Douglas Road E 35 ft of Lot 4 Blk 2 and all of Lot 5 Blk 2 Mendota Heights, MN 55118 27-76400- Robert D. & Beverly Pilgrim Tilsen's Highland Heights 7 2 $3,700.00 $3,700.00 070-02 960 Douglas Road all of Lot 6 Blk 2 &W20 ft of Lot 7 Blk 2 Mendota Heights, MN 55118 27-76400- Carl R.III & Mary A. Sievers Tilsen's Highland Heights 7 2 $4,780.00 $3,700.00 $8,480.00 071-02 956 Douglas Road E 140 ft of Lot 7 Blk 2 Mendota Heights, MN 55118 27-76401- Ella S. James Tilsen's Highland Heights Plat 2 3 0 $3,110.00 $3,700.00 $6,810.00 030-00 1636 James Road S 10 ft of Lot 2 & all of Lot 3 Mendota Heights, MN 55118 27-76401- Vicki L. Marvy Tilsen's Highland Heights Plat 2 4 0 $2,120.00 $3,700.00 $5,820.00 040-00 1640 James Road Mendota Heights, MN 55118 27-76401- Joan C. & Wallin & Joseph J. Fadlovich Tilsen's Highland Heights Plat 2 5 0 $3,840.00 $3,700.00 $7,540.00 050-00 1648 James Road Mendota Heights, MN 55118 27-76401- Guy & Janet DeLambert Tilsen's Highland Heights Plat 2 6 0 $3,700.00 $3,700.00 060-00 1652 James Road Mendota Heights, MN 55118 27-76401- Ann L. & Jack Fecht Tilsen's Highland Heights Plat 2 7 0 $3,700.00 $3,700.00 070-00 1660 James Road Mendota Heights, MN 55118 27-76401- J. Douglas & M. Carselle Tilsen's Highland Heights Plat 2 8 0 $3,700.00 $3,700.00 080-00 1670 James Road Mendota Heights, MN 55118 , Tilsens Page 5 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76401- Paul D. & Lacey L. Steele Tilsen's Highland Heights Plat 2 9 0 $4,480.00 $3,700.00 $8,180.00 090-00 1678 James Road Mendota Heights, MN 55118 27-76401- Violet L Tste Noreen Tilsen's Highland Heights Plat 2 10 0 $3,700.00 $3,700.00 100-00 1684 James Road Mendota Heights, MN 55118 27-76401- Aloysius E. & M. B. McCormick Tilsen's Highland Heights Plat 2 11 0 $3,700.00 $3,700.00 110-00 1690 James Road Mendota Heights, MN 55118 27-76401- John & Rosemary Murphy Tilsen's Highland Heights Plat 2 12 0 $3,700.00 $3,700.00 120-00 1696 Lilac Lane Mendota Heights, MN 55118 27-76401- Gregory E. & Ann M. Duchaine Tilsen's Highland Heights Plat 2 13 0 $5,860.00 $3,700.00 $9,560.00 130-00 1704 James Road Mendota Heights, MN 55118 27-76401- David J. & Elizbeth Poliseno Tilsen's Highland Heights Plat 2 14 0 $3,150.00 $3,700.00 $6,850.00 140-00 1005 Douglas Road Mendota Heights, MN 55118 27-76401- Lawrence J. & H. Gleeman Tilsen's Highland Heights Plat 2 15 0 $3,700.00 $3,700.00 150-00 999 Douglas Road Mendota Heights, MN 55118 27-76401- Hyman & Ruth Cohen MFSL Tilsen's Highland Heights Plat 2 16 0 $3,700.00 $3,700.00 160-00 1727 Lilac Lane Mendota Heights, MN 55118 27-76401- Morris & Ceil Mesnik Tilsen's Highland Heights Plat 2 17 0 $3,700.00 $3,700.00 170-00 1715 Lilac Lane Mendota Heights, MN 55118 Tilsens Page 6 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76401- Werner J. Eggert & Kathryn J. Zuelke Tilsen's Highland Heights Plat 2 18 0 $3,700.00 $3,700.00 180-00 1711 Lilac Lane Mendota Heights, MN 55118 27-76401- Peter S. & Elizabeth Ekholm Tilsen's Highland Heights Plat 2 19 0 $3,700.00 $3,700.00 190-00 1703 Lilac Lane Mendota Heights, MN 55118 27-76401- Richard N. & Shirlene Matus Tilsen's Highland Heights Plat 2 20 0 $3,700.00 $3,700.00 200-00 1695 Lilac Lane Mendota Heights, MN 55118 27-76401- Richard L. & Donna A. Schroer Tilsen's Highland Heights Plat 2 22 0 $3,700.00 $3,700.00 220-00 1689 Lilac Lane All of lots 21 and S 6 ft of Lot 22 Mendota Heights, MN 55118 27-76401- Nathan & Hannah Neren Tilsen's Highland Heights Plat 2 22 0 $3,700.00 $3,700.00 221-00 1681 Lilac Lane ex S 6 ft of Lot 22 Mendota Heights, MN 55118 27-76401- Jack & Roberta L. Schribman Tilsen's Highland Heights Plat 2 23 0 $2,780.00 $3,700.00 $6,480.00 230-00 1675 Lilac Lane Mendota Heights, MN 55118 27-76401- Lisa Marie Angelstad & Lois Mark Schaefer Tilsen's Highland Heights Plat 2 24 0 $3,700.00 $3,700.00 240-00 1669 Lilac Lane Mendota Heights, MN 55118 27-76401- Steven & Flory Katz Tilsen's Highland Heights Plat 2 25 0 $3,700.00 $3,700.00 250-00 1663 Lilac Lane Mendota Heights, MN 55118 27-76401- Emil & Marcella Reiher Tilsen's Highland Heights Plat 2 26 0 $2,270.00 $3,700.00 $5,970.00 260-00 1655 Lilac Lane Mendota Heights, MN 55118 Tilsens Page 7 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76401- Marc J. & Jo Ellen Cohen Tilsen's Highland Heights Plat 2 27 0 $3,700.00 $3,700.00 270-00 1649 Lilac Lane Mendota Heights, MN 55118 27-76401- Harold & Anna Specktor Tilsen's Highland Heights Plat 2 28 0 $3,700.00 $3,700.00 280-00 1643 Lilac Lane Mendota Heights, MN 55118 27-76402- Ann M. Byers Tilsen's Highland Heights Plat 3 4 1 $3,700.00 $3,700.00 041-01 1736 Lexington Ave. S. N 115 ft of Lot 4 Block 1 Mendota Heights, MN 55118 27-76402- Douglas & Mary S. Lamski Tilsen's Highland Heights Plat 3 6 1 $3,700.00 $3,700.00 061-01 1761 Douglas Court Lots 6 Block 1 also pt Lot 5 Blk 1 des as fol: Mendota Heights, MN 55118 Beg SE cor Lot 5 N'ly along E L 135 ft to NE cor W'ly along N L 135 ft to NW cor thence SE' ly 190.92 ft M/L to pt of beg 27-76402- Scott F. & Jan E. Tilsen Tilsen's Highland Heights Plat 3 7 1 $3,700.00 $3,700.00 071-01 1765 Douglas Court Lot 7 Blk 1 also pt Lot 5 Blk 1 beg SE Cor Mendota Heights, MN 55118 W'ly along S L 135 ft to SW cor N'ly along W L 135 ft to NW cor SE'ly 190.92 ft M/L to pt of beg 27-76402- David A. & Mary S. Uhler Tilsen's Highland Heights Plat 3 8 1 $3,700.00 $3,700.00 080-01 1768 Douglas Court Mendota Heights, MN 55118 27-76402- Stanley E. & Delores Karon Tilsen's Highland Heights Plat 3 9 1 $1,520.00 $3,700.00 $5,220.00 090-01 1764 Douglas Court Mendota Heights, MN 55118 27-76402- Charles R & Alice Berquist Tilsen's Highland Heights Plat 3 10 1 $3,700.00 $3,700.00 100-01 1760 Douglas Court Mendota Heights, MN 55118 Tilsens Page 8 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76402- W. Derek & Gale W. Robb Tilsen's Highland Heights Plat 3 11 1 $3,959.00 $3,700.00 $7,659.00 110-01 1754 James Road Mendota Heights, MN 55118 4� 27-76402- James A. & Linda G. Stein Tilsen's Highland Heights Plat 3 13 1 $3,700.00 $3,700.00 130-01 1752 James Road All of Lot 12 Blk 1 & all ex E 40 ft of Mendota Heights, MN 55118 Lot 13 Blk 1 27-76402- Daniel E. & Beverly Dwyer Tilsen's Highland Heights Plat 3 14 1 $3,700.00 $3,700.00 140-01 1750 James Road E 40 ft of Lot 13 Blk 1 & all ex E 30 ft of Mendota Heights, MN 55118 Lots 14 Blk 1 27-76402- James B. & Kathleen Kelly Tilsen's Highland Heights Plat 3 15 1 $3,700.00 $3,700.00 150-01 1748 James Road E 30 ft of Lot 14 Blk 1 & W 80 ft Mendota Heights, MN 55118 Lot 15 Blk 1 27-76402- Robert H. & Margaret Trapp Tilsen's Highland Heights Plat 3 16 1 $3,700.00 $3,700.00 160-01 1746 James Road E 20 ft of Lot 15 Blk 1 & W 90 ft of Mendota Heights, MN 55118 Lot 16 Blk 1 27-76402- Robert J. & Mary E. Satterstrom Tilsen's Highland Heights Plat 3 17 1 $3,700.00 $3,700.00 170-01 1744 James Road E 10 ft of Lot 16 Blk 1 & all of Lot 17 Blk i Mendota Heights, MN 55118 27-76402- James N. & Suzanne Burton Tilsen's Highland Heights Plat 3 18 1 $3,250.00 $3,700.00 $6,950.00 180-01 1742 James Road Mendota Heights, MN 55118 27-76402- Robert C. Blumberg Tilsen's Highland Heights Plat 3 19 1 $3,700.00 $3,700.00 190-01 1740 James Road Mendota Heights, MN 55118 27-76402- John A. & Janice K. Fisher Tilsen's Highland Heights Plat 3 20 1 $3,700.00 $3,700.00 200-01 1730 James Road Mendota Heights, MN 55118 Tilsens Page 9 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76402- John K. & Julie A. Korte Tilsen's Highland Heights Plat 3 21 1 $3,700.00 $3,700.00 210-01 1000 Douglas Road Mendota Heights, MN 55118 27-76402- Everett H. Karon Tilsen's Highland Heights Plat 3 22 1 $3,700.00 $3,700.00 220-01 996 Douglas Road Mendota Heights, MN 55118 27-76402- Steven R. & Heather Ashley Tilsen's Highland Heights Plat 3 1 2 $1,393.00 $3,700.00 $5,093.00 010-02 1056 Dougls Road Mendota Heights, MN 55118 27-76402- Henry Thomas Kimble Tilsen's Highland Heights Plat 3 2 2 $3,700.00 $3,700.00 020-02 1050 Douglas Road Mendota Heights, MN 55118 27-76402- Stuart & Elaine Steinman Tilsen's Highland Heights Plat 3 3 2 $3,700.00 $3,700.00 030-02 1046 Douglas Road Mendota Heights, MN 55118 27-76402- Terry T. & Rebecca L. Kuruvilla Tilsen's Highland Heights Plat 3 4 2 $3,700.00 $3,700.00 040-02 1044 Douglas Road Mendota Heights, MN 55118 27-76402- John R. & Mary J. Simplot Tilsen's Highland Heights Plat 3 5 2 $3,700.00 $3,700.00 050-02 1040 Douglas Road Mendota Heights, MN 55118 27-76402- Alice H. Tste Sjolander Tilsen's Highland Heights Plat 3 7 2 $2,260.00 $3,700.00 $5,960.00 070-02 1030 Doulgas Road All of Lots 6 Blk 2 & W 10 ft ex com SW Mendota Heights, MN 55118 cor Lot 7 E 10 ft S 13.05 ft NW on line to beg of Lot 7 Blk 2 Tilsens Page 10 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76402- Helen J. Ziegler Tilsen's Highland Heights Plat 3 8 2 $6,760.00 $3,700.00 $10,460.00 080-02 P.O. Box 50839 Ex W 10 ft of Lot 7 Blk 2 & NE of line com Mendota Heights, MN 55118-0839 S line 1 ft SW of.SE cor NW to pt of int NE line Lot 8 & line drawn parr to & 10 ft E of W line Lot 7 to Lot 8 Blk 2 27-76402- John H. & Marian S. Thill Tilsen's Highland Heights Plat 3 8 2 $3,700.00 $3,700.00 081-02 1743 James Road pt of Lot 7 Blk 2 com SW cor E 10 ft S Mendota Heights, MN 55118 13.05 ft NW on line to beg & pt of Lot 8 Blk 2 SW of line com S line 1 ft SW of SE cor NW to pt of int NE line Lot 8 & line drawn parr to & 10 ft E of W line Lot 7 27-76402- Robert S. & Sandra Loewenstein Tilsen's Highland Heights Plat 3 10 2 $2,930.00 $3,700.00 $6,630.00 100-02 1745 James Road All of Lot 9 Blk 2 & E 30 ft of Lot 10 Blk 2 Mendota Heights, MN 55118 27-76402- Joseph F. & Kathryn A. Schuster Tilsen's Highland Heights Plat 3 11 2 $2,360.00 $3,700.00 $6,060.00 110-02 1747 James Road W 70 ft of Lot 10 Blk 2 & E 60 ft of Mendota Heights, MN 55118 Lot 11 Blk 2 27-76402- Daniel G. McCreary & Tilsen's Highland Heights Plat 3 12 2 $3,700.00 $3,700.00 120-02 Nancy Lufkin McCreary W 40 ft of Lot 11 Blk 2 & the pt lying E 1751 James Road of line com 20 ft E of SW cor N to NW cor Mendota Heights, MN 55118 of Lot 12 Blk 2 27-76402- Irven M. & Ida Mae Johnson Tilsen's Highland Heights Plat 3 13 2 $3,700.00 $3,700.00 130-02 1753 James Road pt of Lot 12 Blk 2 lying W of line com Mendota Heights, MN 55118 20 ft E of SW cor N to NW cor & all of Lot 13 Blk 2 27-76402- Edward & Jacqueline Paster Tilsen's Highland Heights Plat 3 1 3 $3,700.00 $3,700.00 010-03 1081 Douglas Road Mendota Heights, MN 55118 Tilsens Page 11 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76402- James P. Lillehei Tilsen's Highland Heights Plat 3 2 3 $3,700.00 $3,700.00 020-03 1075 Douglas Road Mendota Heights, MN 55118 27-76402- Russell Welsh & B. Andrewson Tilsen's Highland Heights Plat 3 4 3 $4,481.00 $3,700.00 $8,181.00 040-03 1069 Douglas Road all of lots 3 and 4 Blk 3 Mendota Heights, MN 55118 27-76402- Joseph C. & M. Coopersmith Tilsen's Highland Heights Plat 3 5 3 $7,500.00 $3,700.00 $11,200.00 050-03 1059 Douglas Road Mendota Heights, MN 55118 27-76402- Patrick T. & Joan Brennan Tilsen's Highland Heights Plat 3 6 3 $3,700.00 $3,700.00 060-03 1055 Douglas Road Mendota Heights, MN 55118 27-76402- Emily I. Sweeney Tilsen's Highland Heights Plat 3 7 3 $3,700.00 $3,700.00 070-03 1051 Douglas Road Mendota Heights, MN 55118 27-76402- David L. Olson & Nancy H. Fushan Tilsen's Highland Heights Plat 3 9 3 $3,700.00 $3,700.00 090-03 1049 Douglas Road All of Lot 8 Blk 3 & all of W 45 ft of Mendota Heights, MN 55118 Lot 9 Blk 3 27-76402- Leon & Yolla B. Levitt Tilsen's Highland Heights Plat 3 10 3 $3,700.00 $3,700.00 100-03 1045 Douglas Road E 55 ft of Lot 9 Blk 3 & W 62.5 ft of Mendota Heights, MN 55118 Lot 10 Blk 3 27-76402- Michael A. & S.K. Posnansky Tilsen's Highland Heights Plat 3 11 3 $3,700.00 $3,700.00 110-03 1041 Douglas Road E. 37.5 ft of Lot 10 Blk 3 & W 80 ft of Mendota Heights, MN 55118 Lot 11 Blk 3 27-76402- David B. & Ellen Sloane Tilsen's Highland Heights Plat 3 12 3 $3,700.00 $3,700.00 120-03 1031 Douglas Road E 20 ft of Lot 11 Blk 3 & all of Lot 12 Mendota Heights, MN 55118 Blk 3 Tilsens Page 12 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76402- George Jr. & Margaret Kronschnabel Tilsen's Highland Heights Plat 3 13 3 $3,450.00 $3,700.00 $7,150.00 130-03 1011 Douglas Road Mendota Heights, MN 55118 27-76402- Philip & Jean Tste Freeman Tilsen's Highland Heights Plat 3 14 3 $3,700.00 $3,700.00 140-03 1701 James Road Mendota Heights, MN 55118 27-76402- Thomas S. & Alison M. Williams Tilsen's Highland Heights Plat 3 15 3 $3,700.00 $3,700.00 150-03 1693 James Road Mendota Heights, MN 55118 27-76402- Daniel & Ann Mehl Tilsen's Highland Heights Plat 3 16 3 $3,700.00 $3,700.00 160-03 1687 James Road Mendota Heights, MN 55118 27-76402- Sol & Mildred Mastbaum Tilsen's Highland Heights Plat 3 17 3 $2,270.00 $3,700.00 $5,970.00 170-03 1008 James Court Mendota Heights, MN 55118 27-76402- Daniel W. & Ruth A. Fram Tilsen's Highland Heights Plat 3 18 3 $2,780.00 $3,700.00 $6,480.00 180-03 1012 James Court Mendota Heights, MN 55118 27-76402- Harold & Maxine S. Slobof Tilsen's Highland Heights Plat 3 19 3 $2,780.00 $3,700.00 $6,480.00 190-03 1016 James Court Mendota Heights, MN 55118 27-76402- Allen & Katherine Goldman Tilsen's Highland Heights Plat 3 21 3 $3,700.00 $3,700.00 210-03 1015 James Court pt of Lot 20 Blk 3 lying W of line com N Mendota Heights, MN 55118 line 30 ft W of NE cor SE to SE Cor & N 2 ft of part lying E of said line & pt of Lot 21 Blk 3 corn NW cor E on N line 1OftS2ftWtoWline Ntobeg Tilsens Page 13 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76402- John F. & Patricia L. Kemper Tilsen's Highland Heights Plat 3 21 3 $3,700.00 $3,700.00 211-03 1011 James Court pt of Lot 20 Blk 3 lying E of line Com N Mendota Heights, MN 55118 line 30 ft W of NE cor SE to SE cor ex N 2ft&ex N2ftofW 10ftofLot 21 Blk3 27-76402- Stephen G. & Jane S. Sackett Tilsen's Highland Heights Plat 3 22 3 $3,700.00 $3,700.00 220-03 1665 James Road Mendota Heights, MN 55118 27-76402- Robin C. Reed & Ann M. Hathaway Tilsen's Highland Heights Plat 3 23 3 $3,700.00 $3,700.00 230-03 1657 James Road Mendota Heights, MN 55118 27-76402- Donald C. & Janis S. Tweedy Tilsen's Highland Heights Plat 3 24 3 $3,700.00 $3,700.00 240-03 1651 James Road Mendota Heights, MN 55118 27-76402- Alan R. & Patricia L. Anderson Tilsen's Highland Heights Plat 3 25 3 $3,700.00 $3,700.00 250-03 1645 James Road Mendota Heights, MN 55118 27-76402- David T. Tste Dinger Tilsen's Highland Heights Plat 3 26 3 $3,700.00 $3,700.00 260-03 Cheryl I. Tste Dinger 1639 James Road Mendota Heights, MN 55118 27-76402- John L. & Anne Schuster Tilsen's Highland Heights Plat 3 27 3 $3,700.00 $3,700.00 270-03 1631 James Road Mendota Heights, MN 55118 27-76402- Stanley C. & Nancy M. Skadron Tilsen's Highland Heights Plat 3 28 3 $3,700.00 $3,700.00 280-03 992 Caren Court Mendota Heights, MN 55118 Tilsens Page 14 PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. DRIVEWAY STREET RECONSTR TOTAL 27-76402- George Jr. & Maxine Bergh Tilsen's Highland Heights Plat 3 29 3 $3,700.00 $3,700.00 290-03 996 Caren Court Mendota Heights, MN 55118 27-76402- Kenneth A. & Camilla Herrmann Tilsen's Highland Heights Plat 3 30 3 $3,700.00 $3,700.00 300-03 995 Caren Court Mendota Heights, MN 55118 27-76402- Alton C. & Sandra M. Todd Tilsen's Highland Heights Plat 3 33 3 $3,700.00 $3,700.00 330-03 991 Caren Court Mendota Heights, MN 55118 27-76402- Brett H. & Mary T.A. Larson Tilsen's Highland Heights Plat 3 34 3 $3,700.00 $3,700.00 340-03 985 Caren Road Mendota Heights, MN 55118 27-76402- Sheldon W. & Carol L. Damberg Tilsen's Highland Heights Plat 3 36 3 $3,700.00 $3,700.00 361-03 975 Caren Road Ex com SW cor N 75 ft E 5 ft S to beg Mendota Heights, MN 55118 27-76402- Thomas H. III Fahey & Tilsen's Highland Heights Plat 3 36 3 $190.00 $3,700.00 $3,890.00 362-03 Anne L. Boisclair-Fahey all of Lot 35 Blk 3 & pt of Lot 36 Blk 3 979 Caren Road com SW cor N 75 ft E 5 ft S to beg Mendota Heights, MN 55118 27-76402- Anita I. Stockton Tilsen's Highland Heights Plat 3 37 3 $3,700.00 $3,700.00 370-03 969 Caren Road Mendota Heights, MN 55118 Tilsens Page 15 CITY OF MENDOTA HEIGHTS October 3, 1997 TO: Mayor, City Council, and City Administrator FROM: Marc S. Mogan, Civil Engineer sA S M SUBJECT: Pine Creek Estates Project Assessment Hearing DISCUSSION• The public hearing considering assessments for the Pine Creek Estates Improvement project was advertised for 8:15 P.M. this evening. Construction was in progress when Council ordered the public hearing to consider adoption of the assessment roll. Due to the uncertainty surrounding the final contract quantities, and therefore the final dollar amount for this project, the notices that were mailed out and the assessment roll previously presented to Council showed a per lot assessment of $15,000 which I had estimated would be the maximum per lot assessment for the project. We are in the process of finalizing contract quantities with the Contractor, and I am confident that the final project costs will approach the $95,000 amount that I had projected at the time Council awarded the construction contract for this project. Considering that the actual final project costs appear to be consistent with the projected project cost figures that where presented when Council awarded this construction contract, the adopted assessments should be reduced to the $14,000 per lot assessment figure which was proposed when Council awarded this contract. RECOMMENDATION: I recommend that the assessment roll be adopted per the attached revised figures. ACTION REQUIRED: Conduct the required public hearing and then if Council desires to implement the recommendation they should pass a motion adopting Resolution No. 97- , RESOLUTION ADOPTING AND CONFHUVIING ASSESSMENTS FOR PINE CREEK ESTATES AND SURROUNDING AREA IMPROVEMENTS (rvIPROVEIVIENT NO. 93, PROJECT NO. 1). City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 97 - RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR PINE CREEK ESTATES AND SURROUNDING AREAS (IMPROVEMENT NO. 93, PROJECT NO. 1) BE IT RESOLVED by the City Council of the City of Mendota Heights as follows: WHEREAS, the City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for the costs incurred to date with respect to Improvement No. 93, Project No. 1, construction of sanitary sewer, streets, water and storm sewer improvements to serve the following property situated in the City of Mendota Heights, Dakota County, Minnesota, more particularly described as follows: Pine Creek Estates WHEREAS, the proposed assessment roll has been on file with the Clerk and at all times since its filing has been open for public inspection; and notice thereof has been duly published and mailed as required by law. Said notice stated the date, time and place of such meeting; the general nature of the improvement; the area proposed to be assessed; that the proposed assessment roll has been on file with the Clerk; and that written or oral objections thereto by any property owner would be considered; and ,WHEREAS, said hearing was held at 8:15 o'clock P.M. or as soon as possible thereafter, on Tuesday, October 7, 1997 at City Hall in the City of Mendota Heights, Minnesota; and WHEREAS, the Mayor announced that the hearing was open for the consideration of objections, if any, to said proposed assessments; and WHEREAS, all persons present were then given an opportunity to present oral objections, and all written objections theretofore filed with the Clerk were presented and considered. NOW THEREFORE, this Council, having heard and considered -all objections so presented, and being fully advised in the premises, and having made all necessary adjustments and corrections, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment roll was and is specially benefited by the construction of said improvements in not less than the amount of the assessment, as corrected, set opposite the description of each such lot, piece and parcel of land, respectively, and that such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described; and BE IT FURTHER RESOLVED, that the proposed assessment roll when adopted and confirmed as to the proper special assessment for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of seven percent (7 %) per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each assessment as to street reconstruction/rehabilitation improvements shall be payable in equal amounts extending over a period of nineteen (19) years; the fust of said installments, together with interest on the entire assessment commencing thirty (30) days from the -date of the official letter of assessment to December 31, 1997, to be payable with general taxes for the year 1997, collectible in 1998, one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, to be payable with general taxes for each consecutive year thereafter until the entire assessment is paid. BE IT FURTHER RESOLVED, that prior to November 6, 1997 the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, without interest to the City Treasurer; and BE IT FURTHER RESOLVED, that the Clerk shall prepare and transmit to the County Auditor a certified duplicate of said assessment roll with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter collect said assessments in the manner provided by law. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS LZ ATTEST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor ASSESSMENT PERIOD Sanitary Sewer and Water - 19 years Storm Sewer - 19 years INTEREST RATE - 746 CITY OF MENDOTA HEIGHTS ASSESSMENT ROLL PINE CREEK ESTATES SANITARY SEWER, WATER & STORM SEWER JOB NO. 9304, IMP. NO. 93, PROJECT NO.1 ADOPTED: ASSESSMENT RATES: Sanitary Sewer and Water - $13,040 per lot Storm Sewer - $960 per lot PARCEL NO. REPUTED OWNER AND DESCRIPTION SUBDIVISION LOT NO. BLK NO. SANITARY SEWER AND WATER STORM SEWER TOTAL 27-57620- Patrick 1. & Susan Weinberg Pine Creek Estates 2 1 $13,040.00 $960.00 $14,000.00 020-01 692 Cherokee Ave. St. Paul, MN 55107-2511 27-57620- Michael R. & Sherry L Klehr Pine Creek Estates 3 1 $13,040.00 $960.00 $14,000.00 030-01 4625 Winnteka Ave. N. New Hope, MN 55428-4932 Pine Creek Estates - Page 1 CITY OF MENDOTA HEIGHTS MEMO October 1, 1997 TO: Mayor, City Council, and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Lloyd's Barbeque, 1455 Mendota Heights Road Front Yard Setback Variance Application (and Sign Permit) Planning Case File No. 97-33 Discussion Mr. Todd Schell, representing Lloyd's Barbeque, appeared before the Planning Commission at their regular meeting on September 23, 1997 to discuss their plans to expand their building. The expansion would be 40' x 82' on the west side of the building facing Highway 13 and would require a 2.72 foot front yard setback variance. Lloyd's Barbeque also needs a sign permit for their new building signage, which is described in the attached letter and elevations from Mr. Todd Schell. The proposed signage conforms to the City's Zoning Ordinance. Recommendation At the September 23, 1997 meeting of the Planning Commission, the Commission voted 4-0 (with Commissioners Friel, Duggan, and Lorberbaum absent) to recommend that the Council grant the request 2.72 foot front yard setback variance to allow the expansion of the Lloyd's Barbeque as proposed on plans on file in Planning Case File #97-33. Action Required If the Council concurs with the Planning Commission's recommendation, the Council may adopt the attached Resolution 97-_: A RESOLUTION APPROVING A 2.72 FOOT SETBACK VARIANCE TO LLOYD'S BARBEQUE FOR A BUILDING EXPANSION, placing any additional conditions upon approval the Council deems necessary. The Council also needs to review the building signage as described in the attached letter and elevations and authorize Staff to issue a building permit for the signage. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97-_ A RESOLUTION APPROVING A 2.72 FOOT FRONT YARD SETBACK VARIANCE TO 1455 MENDOTA HEIGHTS ROAD FOR A BUILDING EXPANSION WHEREAS, Mr. Todd Schell, representing Lloyd's Barbeque at 1455 Mendota Heights Road has requested a 2.72' front yard setback variance to expand the building on the west side facing Highway 13, as proposed on plans on file in Planning Case No. 97- 33; and WHEREAS, The Planning Commission of the City of Mendota Heights held a public hearing on this application at their September 23, 1997 meeting; and WHEREAS, The Planning Commission voted 4-0 (with three Commissioners absent) on September 23, 1997 to recommend that the City Council approve this application, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a 2.72' front yard setback variance to expand the building on the west side facing Highway 13, all as proposed on plans on file in Planning Case No. 97-33 is hereby granted. - BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that the proposed front yard setback variance to expand the building on the west side facing Highway 13, all as proposed on plans on file in Planning Case No. 97-33 will have no adverse impact on the health, safety or general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. ATTEST: M CITY COUNCIL CITY OF MENDOTA HEIGHTS M Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor 10/02/97 15:44 RYAN COMPANIES 4 612 452 8940 N0.817 P001/002 Ryan Companies US, Inc. 700 International Centre 900 Second Avenue South Minneapolis, MN 55402-3387 612/336-1200 phone 612/337-5552 fax M E M O RA N D U M TO: Patrick Hollister City of Mendota Heights FROM: Todd Schell DATE: October 2, 1997 SUBJECT: Lloyd's Barbeque Company - Logo Info ►it Building Lasting Relationships Attached is an 8-1/2n x 11" copy of the propsed logo that will be cast into the precast concrete wall panels for the addition to Lloyd's Barbeque Company facility. Additional information is listed below. The logo will be approximately 10 feet wide by 8 feet tall. The base of the logo will start at approximately 15 feet above finished floor elevation. This logo will occur in two places on the building. One on the west side of the building and one on the north side of the building. The logo will be recessed approximately 3/4". Please contact me at 349-0497 with any further questions. Thank You. TRS DOCMENM sh Vl)tSl'l li� _PREFINISHED METAL FLASH'G. - TO MATCH 120 REVEAL � UV PCPANEL - TO MATCH ' TEXTURED PRECAST WALL , / - ^ TO ~~`.~~^E~^S."^ � S' -B" WIDE REVE/&. LDQG , UV PC PANEL - SEE � U FOR K4FORMATK�kL OVERHEAD DOOR. '� '-. ' . � |' . / . � y � | - ! [------------- � L__� - ' - CMU FOUND. WALL - BEE 8TRUCT' . CONC - " � _ _ _ _ _ _ _ _ _ _ _ _ _ STOOP FOUND. WALL - - - - - - - - - CMU FOUND. WALL I I I I SEE STRUC_T. - __ _J L_____ L -L--------------------- ---------------------- ----------------------1--1----- OR TYP. CONSTRUCTION NOTES & EFERENCES SEE 1/A3. WEST ELEVATION APPLICATION FOR SIGN PERMIT CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE ST. PAUL, MINNESOTA 55118 tR191 d59-1 A.sn ACKNOWLEDGEMENT AND SIGNATURE. The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to take the action herein requested that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinances 9§ the C y f en to Heights, the State of Minnesota, and rulings of the Building Department. GNAT APPROVED PERMIT FEE SITE ADDRESS DATE PERMIT NO. 145- meqw* t+�s • q 3c �� PROPERTY OWNER (Name) (Address) (Telephone No.) "-9 ' QU C0 . N -SS ME:tjW-A Cz(05�-001)0 CONTRACTOR (Name) (Address) (Telephone No.) E � ut-i ovNl 90 iO St—CeNp —C — 00 Type of Building Construction U� As ,, '—r �jC(< L4 lbwr�T Building To Be Compl ted G d Old ❑ Newe"'-" Est" at Cost ��S�17 Contractor's City License No. Building Permit No. TYPE OF SIGN WALIz ROOF ❑ ❑ GROUND ❑ MARQUEE ❑ TEMPORARY ❑ OTHER (1PROJECTIING ('.ASE Itj10 C"X1u W MAX. DIMENSION VERTICAL FT. HORIZONTAL 1 O FT. 80 12-12- SIGN AREA SQ. FT. NO. OF SIDES DISTANCE FROM GROUND TO SIGN BASE FT. Z� HEIGHT OF SIGN FT. *0 SETBACK OF SIGN FROM PROPERTY LINE FT• VIINATED YES ❑ NO?c ALLOWABLE SIGN AREA ON PREMISES SQ. FT. SKETCH OF SIGN D 2 ACKNOWLEDGEMENT AND SIGNATURE. The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to take the action herein requested that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinances 9§ the C y f en to Heights, the State of Minnesota, and rulings of the Building Department. GNAT APPROVED McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone Engineers 6121476-6010 Planners 612/476-8532 FAX Surveyors MEMORANDUM TO: Planning Commissioners of Mendota Heights FROM: Meg McMonigal, City PlanneI/�/K Marc Weigle, Planner JJ DATE: September 16, 1997 MEETING DATE: September 23, 1997 SUBJECT: Variance from Front Yard Setback, Case No. 97-33 APPLICANTS: Lloyd's BBQ Company, Ryan Companies US, Inc. LOCATION: 1455 Mendota Heights Road ZONING: I, Industrial GUIDE PLAN: I, Industrial Description of Request Ryan Companies US, Inc. is requesting a 2.72 -foot variance to the front yard setback for a 40' by 82' expansion of Lloyd's BBQ Co., located on the corner of Mendota Heights Road and Highway #13. Background The applicant is proposing to build two additions on the west side of the building adjacent to State Highway #13. One of the additions is an 82' x 40' section. Because the Highway right-of- way is irregular and angled in front of the building, the addition will encroach, at a maximum, 2.72 feet into the forty (40) foot front yard setback required in an Industrial District. Variance Criteria The variance criteria is outlined in the Zoning Ordinance, and includes: (1) special conditions apply to the structure or land in question that are peculiar to such property and do not apply generally to other land or structures in the same district; (2) variance is necessary for the preservation and enjoyment of property; (3) adequate supply of light and air will be available to adjacent property; (4) the congestion of public street will not be reasonably increased; (5) the danger of fire or public safety will not be increased; (6) property values will not be impaired in An Equal Opportunity Employer City of Mendota Heights Planning Commission Variance Request, Lloyd's BBQ September 16, 1997 Page 2 the surrounding area; (7) health, safety. comfort or morals will not be impaired; (8) variance will not merely serve as a convenience, but is necessary to alleviate undue hardship or difficulty. Variance Review Highway #13 jogs along this property line, resulting in an irregular shape and an angle that is not parallel with the building. To add on to the building with a rectangular shape, at 40 feet in depth, results in an encroachment of 2.72 feet. The addition could not be built on another side of the building, as the drives and circulation prohibit it. While the addition could be scaled back to fit within the setback, this could be considered an unusual condition that is peculiar to this property. There would not be any impact on adjacent property or traffic, as this request is a minimal variance and would not be noticeable from the street. Action Requested. The Planning Commission can recommend: (1) Approval (2) Approval with conditions (3) Denial Planning Staff Recommendation: The Planning Staff recommends approval of the variance, because of the unusual configuration of the Highway #13 right-of-way and because there are not any impacts on adjacent property or traffic. MATERIALS REVIEWED: 1. Application for Consideration of a Planning Request, signed and dated September 2, 1997. 2. Building Elevation (8/18/97) and Floor Plan (8/25/97) drawings. 3. Site Plan dated August 21, 1997. MA& City of j Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. 9 q ?J' Date of Application 917 - Fee Paid Rec. # s -3C' RYAO dDkLfP 1F-zS Applicant Name: SCS- Toa P-- Ph No.R PLEASEPRINT (Last) (First) NO (Dcnime #) Facsimile Facsimile No. (if applicable) 337 - S-527 - Address: -7do to—t Ap-n-uAt—ce- j PLEASE PR/NT (Number & Street) (City) Owner Name: PLEASE PRINT (Last) (First) (MI) (Zip) A Address: 14-s N10�� 4&—(GLP�. FD • W-475. MA/ PLE4SE PRINT (Number & Street) n (City) (State) (Zip) Street Location of Property in Question: CaPN)Ef-- of MW06.74 I -Pt> Rt, • Legal Description of Property: Type of Request: Rezoning Conditional Use Permit Conditional Use Permit for Planned Unit Development Plan Approval Comprehensive Plan Amendment Applicable City Ordinance Number Present Zoning of Property _ Proposed Zoning of Property L' Variance Subdivision Approval rWetlands Permit Other (please attach explanation) Section Present Use _ Proposed Use 1 hereby declare that all statements made in this request-aDd on thead do I m erial are true. gnature of Applican (Date Received) (Received by •Title) '- 1101 Victoria Curve • Mendota Heights, MN - 55118 (612) 452-1850 • FAX 452-8940 O O O 4 �Mtl 11 V t y� 11 11 1 ti i ri N 31 _ MEWMA HEVfM &MCSOTA v C WORL.Owi c�rvmesv � roi3ne �� ii �+.. v I I I I t) I`t � t' r II I I II II � II f LJ II U l l I I II II II tl 1E II II 11 II It II II II t, 11 II 'I II II II Il 11 It it Il $ ii 11 o--�----- Q— IE II h n I „ II ' l l II II ' I I` Ij �\ tl o--- --Ld -------- - II II tt II Lloyd's BBQ Company moo. z z� J AT, CO 1" = 200 ft " A CITY OF MENDOTA HEIGHTS NOTICE OF HEARING September 10, 1997 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:30 p.m. o'clock P.M., or as soon as possible thereafter, on Tuesday, September 23, 1997, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Ryan Companies, representing Lloyd's Barbeque Company, for a front yard setback variance which would allow a 40' by 82' building expansion on the following property: Sec 22 Twn 29 Range 23 197U pt of Govt Lot 2 Com SE cor N 1320 ft W 660 ft N 255.95 ft to pt of Beg N 68D 07M 30S W 481.25 ft to E R/W State Trunk Highway 13 NE on R/W 94.22 ft S 68D 07M 30S E 443.42 ft to pt 101.53 ft N of pt of Beg S 101.53 ft to beg AND Sec 33 Twn 28 Range 23 197U pt of Govt Lot 2 Com SE cor Sec 33 N 1320 ft W 660 ft to beg N 255.95 ft N 68D 07M 30S W 481.25 ft E R/W State Trunk Highway 13 S 21 D 52M 30S W on R/W 217.60 ft Cont R/W 63.81 ft Zone S to Cen line Mendota Heights Road SE on Cen line 587.09 ft to Beg Subj to RE E 60 ft. More particularly, this property is located at 1455 Mendota Heights Road. This notice is pursuant to City of Mendota Heights Zoning Ordinance No. 401. Such persons as desire to be heard with reference to the request for the Variances will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administrator at 452-1850. (Services, Inc. i �y _ _ _ _ _ _ _ _ _ _ J / Coil 48 Hours before digging: / 1 / GOPHER STATE ONE �. Twin City Area 454-0002 n. ToltFree 1-800-252-1166 U i ------------------------------ j ----- - - - - - - I I b 1( PAINTED- (TYPICAE•)... '-.= .:-._ -.`N'.. J 1P. I - _ PAINT STRIPES If I _ _ ._jp_•y_�_.,__'' UNITS BIT. BIT. PAVING \ 1 0. .CON57.pt�� /► / ` i.. ..'LOT. - \ �_�:.....:' / / ! /► ' 795 SPACES / � I - '- - - gip'•'-- --_ / / � / ` ��� �/ j CALEXIST. B AVING -- _ / 50' - P° TO AIN PE) SE ACK ® . _ STN / / I It REMOVE SIGNS 7 18 IGH. COATEDCH K / \ // 21� pAJNT STRIPES / 1 �•'`-,_ I \ \ \ �/ / IL PAVING EXISTING BUILDING 18 AINING WALL state .29. a / hk o" / ti'9h'' BITUMINOUS SECTION TO MATCH EXISTING BITUMINOUS PAVEMENT N AGGREGATE BASE AND SUBGRADE �. PREPARATION PER SOILS ENGINEER 7�J ? PAVEMENT SECTION APPROX. 3762 S.Y. \ \ X20- \ \ \ QJ 0' 30' 60' 90' i REVISIONS 8/28/97 PARKING LOT STRIPING (DJW) Westwood '+e.t0 Pr T—. ..a 5rr.c.,, b,e ui r-5 0 M•, EdProf,.. NN SSS.. fil: 937-5150 h ct oaGfy Not Nu pion Na proparog t m. R FwowESSt my a. «t E .wn ana nut I a dWy ngnte+a PROrES50M�L EMGwEER . i.., f ��t. f �m�ta RBC °E°m JHP Ryan Companies US, Inc. LLOYD'S BARBEQUE CO. BULK STORAGE Iff]]I00TA H0aHT8, TIONNEEOTA SITE PLAN BD 1/97 SHEET 1 OF 3 9a.uw RBC f1ECOFlD eR.,me er/o.tE DA 8-Z - P,E N0. 24979 97375 73755PF10:+L Westwood Professional Se�a� erv• t.Y,•,�-Y-Y Y r • �? '�. „ — al x 4 X it / ' I X Q •8i --850-- 44 � II 84 R / / / O R n 2 ^2- / 1 i /� i 1 OVERFLOW ELEV.0 a$ a 840.0 4 .l v s o - FFE .. 837.0 1 ? 1 f C*d J7AtNtNG WaUnG DESIGN BY l Top OFWALL 839.4 liYt 8TM OF LL 833 • / % a t - �it 4g f RETj •SILT €( t` �. „? ` ��`O 3 `� ;t R 31.55 0.3 / = E'�/ �l 3 *�•_ '�1 { .g ~~`�_�?i} • ,7� LEGEND POLE DENOTES E XISTING SPOT ELEV AT'C St SUPPORT NET We 980 DENOTES EXISTING CONTOURS FLTER FAMC o i / t(: R --A x % ,..--980 -DENOTES PROPOSED CONTOURS CCWACT BACKFILL " ' Igh ``' �� "' / t = ' `• Cl) DENOTES PROPOSED SPOT ELEVA '� \ ( A u NOTES: '` \ a / -C,` DENOTES PROPOSED SILT FENCE GENERAL GRADING & DRAINAGE �/p ` r ,r.r+"""" F CL x f� NATIONS ARE SHOWN TO FINISHED c NA1riE SOIL .ALL CONTOURS AND SPOT ELEVATIONS NOTED. 1"` _`'�• % ,7^� / SURFACE GRADES UNLESS OTHERWISE TOE—IN iR€NCH FOR EN . REFER TO THE SITE PIAN/RECORD PLAT FOR MOST CURRENT \ l 2 g a r s Your. CONTROL NOTES: HORIZONTAL SITE DIMENSIONS AND LA FEATTIRES SHALL 8E IIP PLACE 2 ! t� METHOD taWk sde ai the trace the air" TOURS SHOWN ARE FROM WESTWOOD PROF. SVCS- SURVEY EROSION x + l (7 e contra of ate systan awy fr m the ' EXISTING CON RIFY PRIOR TO CONSTRUCITON AND NOTIFY THE . ALL SILT FENCE AND OTHER EROSION CONTROL ALL BE MAINTAINED UNFE 2 y� , O' i, Ptocs th ts ; g (net stile .d1 Nu trends. DATED 8/20/97. (FIELD V£ VAlytanOHS.) Y EXCAVATION/CONSTRUCTION AND 5H _ of Ina angdpaes nst the bad' the ound R 6F ANY DISCREPANCIES OR PRIOR TO AN €STABUSHED. EXtSTINCONS{OFRE BE ~---82G-!-- .d a} oma P,suon the Pd �° a. aae into 9r ENGINEER VIABL€ TURF OR GROUND COVER HAS BEENd SHALL BE�� 3 e hronmar a ymg« derKa to obre 2 bdo. aroma ATON OF €XISiING TABLE ' SHALL BE MAINTAINED AND OR REMOVED TRE IMPORTANCE TO •� `,tr \ 2 Vnd o stsd9 a•yrwtdy VERIFY THE LOCATION AND ELEVATION ADING CONTRACT. IT IS OF EX g CO anti the bottom of Ne ndustra netwg is appy • THE CONTRACTOR SHALL T}7E OWNERS AND FIELD -VERIFY INCIDENTAL TO THE GR unci. (SOe ao ) entotta contra sob k Into ate trend • UTIUITES AND TOPOGRAPHICAL FEATURES WtTN AWARE OF CURRENT FlELD CONDITIONS WITH RESPECT TO EROSION CONTR �- 80• 3• Loy the bottom r of sedum PRIOR T6 CONSTRUCTION. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ^^� a g ! ! D. 30' to na6re sai oma ctxn9ooL TEMPORARY PONDING. DIKES, HAYBALES. ETC.. REQUtRED BY THE qTY SHALL 8 r ! BockNt the trends "i ENGINEER OF ANY DISCREPANCIES OP. VARIATIONS FROM PLAN. INCIDENTAL TO THE GRADING CONTRACT, SILT FENCE DURING WORKI OURS MUST 8E CLEANED AT THE ENO p�VERSIONARY DIKE ' ALL CONSTRUCTION $HAl1 CONFORM TO LOCAL RULES OF EAC, WORKIN E . POSITIVE DRAINAGE FROM THE SITE MUST 8E PROVIDED AT RAALL AMES. _ ALL STREETS D15 LLOYD'S $AR$EQUE CD• GRADING PLAN N I'`C: •SLOPE GUTTER ON CURB TO MATCH ADJACENT PAVEMENT GRAD SULK STORAGE r` rat tnu wan • P •ao'6Q.by"• °+ swcr mr DE%Xm RBC °Earn JHP UST Inc- y>; wOTA ti> ltittY3. IOTA 47373 737 gpNAL Ryan Companies _ _ t nrrwf.c•^?7., .y,a enat I,aml�d"Iy reggtcea PttOFES _ .... oar rt[ccnr bRArN+c srlbAyc ZA tj E 0. Cl I? CJ �4 t, CN CJ fU iaa• acacw� rrvresslon°1 �aerviccs, mc. i i EM NWL ELEV. - 835.0 WET VOLUME - 0.36 AC. FT. 23' OF 21' RCP O 0.5Z HWL ELEV. =837.0 DRY VOLUME = 0.25 AC. FT. AOD'L STORAGE CAPACITYpF 1B' FES -1 RCP �5%' TO ELEV. 840.0 -0.55 AC. FT I �►—N H-3 21- RC APRON/ RE = 839.8 RE = 8 IE = 835.00 835.12 { 8 SK -1 QE = 833.80 or 1 ` RCp o l -FRIL MN Newsom Id I .''' ' r0j//// h� / I _ _ _ _ — _ _„ _ J Call 48 Hours before digging: STMH-, RE = 841.8 \ IE = 834.49 / EMSTiNG BUILDING FES -2 ~ 24" RC APRON IE = 833.14 ^� ` J t a fo ` GOPHER STATE ONE cALI Twin City Area 454-0002 QD Mn. Tot1 Free t-800-252-1,66 t 1 D 1 +�P 1 ' I I S /r f/ 1 / i f / l J / J � I If / J I / / / I s 16J¢a I' a / 1Q, l \ t \ 0' 30' 60' 90` REV SONS W e s t w a a d C r8/28/97 PARKING LOT STRtPWG (DJW) �,� w.rtwana Proru, d SW*. Nc 1 s am one matt a °�PAXRuna th. at h 5 • t uz t«et5 R$C JH141W NHt T—k H.y. 5 RSC KCM OU -4 erro•re LLOYD'S BARBEQtiE CO. E,„P1614. HN 55344 _ Ryan Companies US, Inc. BULK STORAGE $12 937-515p - RE 0 Z hWNDOTA MaNTs, LWOJEsoTA DATE UTILITY PLAN t3 SHEET T SHEET 3OF3 97375 7375UTF1.0'xG f y'Y CITY OF MENDOTA HEIGHTS MEMO October 1, 1997 TO: Mayor, City Council and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Planning Case #97-35: Tom Johnson, 739 Pontiac Place Side -Yard Setback Variance for a Porch Discussion Mr. Johnson appeared before the Planning Commission at their regular meeting on September 23, 1997 to discuss his plans to convert his rear -yard deck into a porch. Mr. Johnson's deck currently protrudes 2.5' into the side -yard setback, and thus to convert it into a porch he will need a 2.5' side -yard setback variance. Recommendation The Planning Commission, at the regular meeting on September 23, 1997, voted 4-0 (with Commissioners Friel, Duggan, and Lorberbaum absent) to recommend that the Council grant a 2.5' side yard setback variance for the conversion of the deck into a porch as proposed on plans on file in Planning Case File #97-35, on the condition that the extbrior of the porch match the exterior of his house within one year of the date of approval. Please see the attached items of public record pertaining to this application. Action Required If the Council concurs with the Planning Commission's recommendation, the Council may adopt the attached RESOLUTION 97-_: A RESOLUTION APPROVING A SIDE YARD SETBACK VARIANCE FOR 739 PONTIAC PLACE FOR A PORCH ADDITION. a CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97-_ A RESOLUTION APPROVING A SIDE YARD SETBACK VARIANCE FOR 739 PONTIAC PLACE FOR A PORCH ADDITION WHEREAS, Mr. Tom Johnson of 739 Pontiac Place has requested a 2.5' front yard setback variance to construct a new three -season porch in the location of his existing deck, as proposed on plans on file in Planning Case No. 97-35; and WHEREAS, The Planning Commission of the City of Mendota Heights held a public hearing on this application at their September 23, 1997 meeting; and WHEREAS, The Planning Commission voted 4-0 (with three Commissioners absent) on September 23, 1997 to recommend that the City Council approve this application, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a 2.5' side yard setback variance to construct a three -season porch, as proposed on plans on file in Planning Case No. 97-35 is hereby granted under the condition that the porch match the exterior of the rest of the house within one year of the date of adoption of this Resolution. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that the proposed side yard setback variance for a three -season porch, as proposed on plans on file in Planning Case No. 97-35 under the above condition will have no adverse impact on the health, safety or general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 1st day of October, 1997. ATTEST: FA CITY COUNCIL CITY OF MENDOTA HEIGHTS LIM Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor � City of .., , AAJA Mendota Heights Applicant Name: Address: APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Date of Application - / / Fee APaid S > • C R Pc�� (Last) (First) (NI)) (Number & Street) Owner Name: J U /I /Lj ,,L (Last) (City) State) (Zip) (First) (NII) Address: �,� `i /O✓t l 4 C�l4 C C A.d IIA A) S' .rl 2. 6 (Number & Street) (City) (State) (Zip) Street Location of Property in Question: 7.7f 6�1 /7 a c r -11q -C Legal Description of Property: �'0- —"�/l Type of Request: _ 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. ` C ? J Section Present Zoning. of Property Present Use A, Proposed Zoning of Property Proposed Use I hereby declare that all statements made in this request and on the additional material are true. (Signature of Appli t) �''2-Y-7 (Date) (Received by - Title) 1101 Victoria Curve - Mendota Heights, MN • 55118 (612) 452-1850 - FAX 452-8940 McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 MEMORANDUM Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors TO: Planning Commissioners of Mendota Heights FROM: Meg McMonigal, City Planne*il�l Marc Weigle, Planner ((�� DATE: September 16, 1997 MEETING DATE: September 23, 1997 SUBJECT: Variance for Three Season Porch, Case No. 97-35 APPLICANTS: Thomas and Margaret Johnson LOCATION: 739 Pontiac Place, Friendly Hills ZONING: R-1, Single Family Residential GUIDE PLAN: R-1, Single Family Residential Description of Request The Johnson's are requesting a 2.5 -foot side yard variance to convert an existing deck into a three -season porch. The deck is located 7.5 feet from the property line; all structures are required to be set back 10 feet from the side yard according to the Zoning Ordinance. The applicants obtained all but two (2) signatures of consent from the property owners within 100 feet. These two property owners were not available each time the applicant visited their residence. Background The Johnson's lot is somewhat unusual in that it is on a curve and has only three sides to it (See Exhibit 1). Pontiac Place curves around the Johnson's home and the sides come to a point in the rear of the home. The back of the house could be interpreted as a side yard because of the configuration of the lot. The porch would be built over a portion of the existing deck and would not exceed the existing footprint. An Equal Opportunity Employer City of Mendota Heights Planning Commission Johnson Variance Request September 16, 1997 Page 2 Variance Criteria The variance criteria is outlined in the Zoning Ordinance, and includes: (1) special conditions apply to the structure or land in question that are peculiar to such property and do not apply generally to other land or structures in the same district; (2) variance is necessary for the preservation and enjoyment of property; (3) adequate supply of light and air will be available to adjacent property; (4) the congestion of public street will not be reasonably increased; (5) the danger of fire or public safety will not be increased; (6) property values will not be impaired in the surrounding area; (7) health, safety, comfort or morals will not be impaired; (8) variance will not merely serve as a convenience, but is necessary to alleviate undue hardship or difficulty. Variance Review The property is a unique, curved lot. It is a situation that would not apply generally to structures in the R-1 District, or the immediate area. The Johnson home is located in the Friendly Hills area where the lots are smaller than standard. The porch, as requested, will not impact the public health, safety, comfort or morals of the neighborhood, limit the supply of light and air available to adjacent property owners, increase congestion on public streets, or impair surrounding property values. The lot configuration and curve of the street requires the building to be placed deeper into the lot, and could be considered a hardship. This depends on one's interpretation of the Zoning Ordinance. Action Requested.- The equested.The Planning Commission can recommend: (1) Approval (2) Approval with conditions (3) Denial Planning Staff Recommendation: The Staff recommends the variance request for a three -season porch at 739 Pontiac Place be approved. There is a reasonable hardship due to the lot configuration and the inability to place a porch within the required setback. In addition, the porch is an enclosure of an existing structure, and the impacts on the surrounding property owners and neighborhood will be minimal. One concern, however, is the timing of the construction in relation to the exterior of the house. The three -season porch will be beige, which is intended to match the color of the house after it is re -sided next year. Over the winter there will be two different colors on the house. To ensure this situation is eventually resolved, a condition of approval could include that the three -season porch and main structure match by a certain date. City of Mendota Heights Planning Commission Johnson Variance Request September 16, 1997 Page 3 MATERIALS REVIEWED: 1. Application for Consideration of a Planning Request, signed and dated September 3, 1997. 2. Letter of Intent from the Johnson's dated September 3, 1997. 3. Sketch Plan Letter of Intent On August 29, 1997 my wife and I purchased 739 Pontiac Place, Mendota Heights, MN. In 1983 previous owners expanded the rear of the structure by approximately 360 square feet and at that time or some time thereafter built a 26.5 foot by 15 foot deck. The north corner of the deck comes within 7.5 feet of the property line. We wish to build a three season porch on a 15 foot by 15 foot section of the deck. The height would not exceed that of the existing roof. An 11.5 foot by 15 foot section of the deck would remain as is. All neighbors within 100 feet of our property lines have signed the "no objection" form except the O'Keefe's and the Shemon's. Both houses were approached at 3:00 pm and 7:00 pm on September 2, 1997. No one was home at either house. Given the location of the proposed porch, the only neighbors who would be able to see the structure would be Weaver, Crea-Larson and the group home. The view from O'Keefe and Shemon is blocked by trees. We believe that the addition of a beige sided three season porch will enhance the value of this neighborhood. We also believe that the construction and existence of the deck has not caused any harm to the abutting neighbors. In our house search this past summer, my wife and I considered only houses with existing porches or houses where a porch could logically be added. Variances were not considered. As the contacted neighbors do not object to our plans, we feel it would be unfair for the city to object to our request. Dated: September 3, 1997 Thomas M. JohnOon Marge S. Joh • .ion City of Mendota Heights Variance Checklist Date of Pre -Application Meeting Applicant: Phone # / Fax #: Location of Property: Other Approvals Needed: Case No: Relevant Ordinances/Sections CITY PROCESS I '�.� �%1: II :► 'fir Applications will be scheduled for consideration by the Planning Commission and/or the City Council only after all required materials have been submitted. Late or incomplete applications will not be put on the agenda. If pro er and complete application materials and supportive documents are submitted by (date) then the public_bearing or review of your case will be conducted by lanning Commission on Z�.'(date). Following completion of the public hearing, or Planning Commission review, the City Council may consider your application on (date). APPLICANT REQUIREMENTS The following materials must be submitted for the application to be considered complete: — a. Fee ($50 Residential, $100 Commercial) b. Completed and Signed Application Form c. Letter of Intent summarizing the proposal, including an explanation of hardship or practical difficulty justifying the variance. d. Abstract Listing of owners located within 100 feet of property. By State Law, this must be provided and certified by an Abstract Company. _ e. Sketch plan showing all pertinent dimensions, and including the location of any easements, having an influence upon the variance request. f. Written consent by the owners of property within 100 feet of the boundaries of the property for which the variance is requested, accompanied by a map indicating the location of the property in question and the location of property owners who have given consent. If the signature of all neighbors within 100 feet of the property in item (f) are not obtained by , then the City will mail a notice to all residents within 100 feet of the owner's property at least 10 days in advance of the Planning Commission meeting on 6111-13('F7 . The Planning Commission will open a public hearing at the meeting and allow residents to speak on the subject of the Variance. If the signatures in item (f) are obtained by then the City will not mail notices to all neighbors within 100 feet o the property and the Planning Commission may waive the Public Hearing at its meeting on�—if it so chooses. There is no publishing requirement for a Variance. g. If topography or extreme grade is the basis on which the request is made, all topographic contours shall be submitted. �h. If the application involves a cutting of a curb for a driveway or grading a driveway, the applicant shall have his plan approved by the City's Public Works Director. Dated originals plus twenty dated copies of all of the above materials, including this checklist, must be submitted in person to Kim Blaeser, Senior Secretary by the aforementioned date. All materials larger than 8%" x 11" must be folded to that size. (Note: Copies of this completed form will be given to both the applicant and the Senior Secretary.) Notes: CITY OF MENDOTA HEIGHTS NOTICE OF HEARING September 10, 1997 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 8:15 p.m. o'clock P.M., or as soon as possible thereafter, on Tuesday, September 23, 1997, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. and Mrs. Thomas Johnson for a side yard setback variance which would allow the construction of a three season porch on the following property: Lot 15, Block 11, Friendly Hills Re -Arrangement More particularly, this property is located at 739 Pontiac Place. This notice is pursuant to City of Mendota Heights Zoning Ordinance No. 401. Such persons as desire to be heard with reference to the request for the Variance will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a.notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administrator at 452-1850. MAi City of J Mendota Heights TO: The Planning Commission, City of Mendota Heights FROM: Property Owners o A-C.. -Pt- C-G _ _ RE: G✓! D �R,2-cam S�T-i? \ �f� R i A-�i Cx. R 2 �- We the undersigned have reviewed the plans for ANI EJS c,as� I ECX- A-D0)TZc J : and understand the terms and conditions of t'he requested variance for � 2 %Z, -�jp i _ We have no objections to tris request and do hereby give our writt--n consent and consent to waiver of public hearing. S_^c^rsly.+ SGS) NAME (1-11ease Print) EP -V - J Go P-te ANm Nerd Pbp-rz l;= C2E.'4 - L -A -x so N frnl nl �, C�/E,�✓ F-(�- ref C AM 6E Llr rA-;.1(EL 0 ►L F SCOT r- L,4T N't-EF,F-/+J KO cU-4z / rg. ���IG vo LL 1 !Js J IJY K -40 G MR -'/n1 ADDRESS (INCL. LOT -I %3) _ o P TIA-r OL '734, pG64 e,4 µ L. J �4o DE( eAN LN _74ci Pd N rI ,- Pc - 7 P3Ai7-i� PL -749 pa AJTiP-c- PL • �� cc v 1101 Victoria Curve • Mendota Heights, MN - 55118 (612) 452-1850 - FAX 452-8940 X71-►�tn'1 Tom Johnson. 739 Pontiac Place 1"=100ft BURNET TITLE PLAT DRAWING File No. 17319 • • Insp. Date: 8/21/97 Insp. By: PCT Property Address: 739 PONTIAC PLACE, MENDOTA HEIGHTS Buyer: JOHNSON N Lr - LOT 15, BLOCK 11, FRIENDLY HILLS REARRANGEMENT This Plat Drawing is not intended to be used as a survey and should not be relied upon as such. The lot dimensions are taken from the recorded plat or the county records and are assumed to be accurate. The location of the improvements shown on this drawing are approximate and are based upon a visual Inspection of the premises. A licensed surveyor should be contacted if an accurate survey Is desired. This plat drawing does not constitute a liability of the company and is intended for use by the company only. j- 1" - 30' C 188.53" 4 U R N E T file No. 17319' Property Addrer., 739 PONi"I.C. ill A(*',l MEND01 N 11 Buyer: JOHNSON L . LOT 15, 1'! OCK 11, FRWNI)l V 11:1 1 r i -I A W 1 IN lr 1 n s D By: PC,*F This Plat Pawing is not infondod in br•, lisod as a .iirvny am! �hwdi —li-A upon as such The lot dimprIslons are 1,,k(m frnryi lh� rorordpd plat ri, flip, rwilOv !11,i are assumed in be accurain 111v io (; ;)I i o n of 1110 iin I) r Ill nil I r .h n P: r I a wino am v approxini-1 and are Vin,!;od imon n vv;ijal inspoictino -if Ow prwl ....... ... ... surveyor nhould be con!irictnd it an riccurato gijrvnv i� dostrod I I•V,J;o does not constitute a ijahilily of Pin roninany and i- i,11widn'l. '11TIPariv oniv 9,C, er- l rd 19.1 f?2JGI r fes,.. # ��q�uX� I 1 IC v\.G11G IJ I /4 . l B A A A A A A A B Mark Length Description Usage A 1419#1 2x8 No. 2 P.T. Douglas Fir Joist A 141991 2x8 No. 2 P.T. Douglas Fir Ledger B 14' 10-1 /2" 2x8 No. 2 P.T. Douglas Fir Rim joist C 15' 2x8 No. 2 P.T. Douglas Fir Rim joist Joists to be on 24" centers. Joists to be hung from the ledger with joist hangers. Joists to be toe -nailed to beams with 2-1/2" (8d) galvanized nails. Rim joists to be face -nailed to joists & ledgers with 3-1/2" (16d) galvanized nails. Blocking and bridging is not shown, but may be required by your local code. flap „2/� o v� 7 (- tiJ I ; rv., blY� -6 Z,' l l� Cut List for The Following Components are for Your Deck Qty., Len. Description Usage 32 15' 2x6 Select Heart Redwood Decking 7 14' 9" 2x8 No. 2 P.T. Douglas Fir Joist 1 14' 9" 2x8 No. 2 P.T. Douglas Fir Ledger 1 15' 2x8 No. 2 P.T. Douglas Fir Rim joist 2 14' 10-1/2" 2x8 No. 2 P.T. Douglas Fir Rim joist 2 15' 4x8 No. 2 P.T. Douglas Fir Beam 6 2' 4x4 No. 2 P.T. Douglas Fir Post 2 2x8 framing anchor 7x 2x8 joist hanger 560 3" galvanized decking screws 10 3/8" washers 10 3/8" x 5-1/2" lag screw 6 4x4 post cap 6 60 Ib. bags of concrete 8 lbs. 3-1/2" galvanized common nails 5 lbs. 2-1/2" galvanized common nails 1 lbs. galvanized joist hanger nails 6 pre -cast concrete pier ' Shopping List for Qty. 4 -en. Description Price Ea. Total Price 11 . 16' 2x8 No. 2 P.T. Douglas Fir $16.64 $183.00 1 12'** 4x4 No. 2 P.T. Douglas Fir $12.48 $12.48 2 16' 4x8 No. 2 P.T. Douglas Fir $33.28 $66.55 32 16' 2x6 Select Heart Redwood $21.60 $691.25 2 2x8 framing anchor $.93 $1.86 7 2x8 joist hanger $.52 $3.64 560 3" galvanized decking screws $.08 $44.84 10 3/8" washers $.05 $.50 10 3/8" x 5-1/2" lag screw $.34 $3.40 6 4x4 post cap $2.29 $13.74 6 60 Ib. bags of concrete $6.00 $36.00 8 lbs. 3-1/2" galvanized common nails $1.50 $12.00 5 lbs. 2-1/2" galvanized common nails $1.50 $7.50 1 lbs. galvanized joist hanger nails $1.50 $1.50 6- pre -cast concrete pier $2.50 $15.00 Total Price of Your Deck $1118.23 ** Cut these boards into lengths shorter than those sold at your supply store. Note: To specify which lengths are available, use the Lumber Price Dialog. TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS October 3, 1997 Mayor, City Council and City Ad "94)r James E. Danielson, Public Works Direc Dakota Sign Variance/Landscape Changes Mr. John Siedel, President Dakota Bank, and Ms. Leah Kangas and Kim Simpson, Architects representing Boarman Kroos Pfister Vogel appeared at the September Planning Commission meeting to request variances that will allow construction of a monument sign and five directional signs for the new Dakota Bank Building. The monument sign only encroaches the setbacks with respect to its wing walls. The Planning Commission felt that these wing walls should not be considered as part of the sign, therefore putting the sign in compliance with the City's zoning ordinance and not requiring a variance. , The remaining signs are all directional, and with the requested variance would be exempt from permits. The Planning Commission noticed that the planner's report incorrectly calculated the ATM lobby sign size (corrections have been made in pencil on her memo). Mr. Seidel also recently requested changes slandscape plan (letter and drawing attached). The requested changes are mos minimumal, However please notice on the Plant Schedule Sheets that almost all of the plant sizeFhave been reduced. / 0 1 C.0— Sr f The Planning Commission voted unanimously at their September meeting to recommend approval of the requested sign variances subject to their compliance with MnDOT Standards. k If Council desires to implement the recommendation, they should pass a motion approving the following sign variances for Dakota Bank making the directional signs exempt from permits: Ordinance Section • Variance Two Stop Signs Section 21.5(a)b 2 s.f. size variance ATM Lobby Section 21.5(a)b 4 s.f size variance Drive-through Entrance -One -Way Section 21.5(a)b 0.6 s.f. size variance .4 Council also needs to review and approve Mr. Siedel's request for landscape changes. FM * DAKOTA BANK MEMBER FDIC MAIM OFFICE 750 SOUTH PLAZA DRIVE • MENDOTA HEIGHTS. MAY 55120-1586 • (612) 452-1320 • FAX (612) 452-4651 September 22, 1997 Mr. James Danielson City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Jim: Please find enclosed a revised landscape plan that represents minimal changes to the original plan. . For example, the original plan called for three oak trees in front of our monument sign; this has been changed. -After.your review of the revised landscape plan, should you have any questions, please contact me -: at 452-1320... Sincerely, J P. Seidel President JPS/mo enclosure 1MVER GROVE HEIGHTS OFFICE EAGAN OFFICE PHALEM OFFICE 7055 CAHILL AVE. 2109 CLIFF ROAD 1425 MARYLAND Ave. E. INVER GROVE HelanTs, MN 55076-2501 EAOAN, MN 55122-3001 ST. PAUL, MM 55106-2800 (612) 455-2900 (612) 454-4840 (612) 774-9531 FAX (612) 455-8955 FAX (612) 454-1354 FAX (612) 774-9536 HIGHLAND OFFICE 2310 WEST SEVENTH STREET ST PAUL, MN 55116-2824 (612) 696-0255 FAX (612) 696-9263 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97- A RESOLUTION APPROVING SIGN SIZE VARIANCES FOR DAKOTA BANK, 1060 DAKOTA DRIVE WHEREAS, Mr. John Seidel, President Dakota Bank, has requested 2 square foot sign size variances for two stop signs, a 4 square foot sign size variance for an ATM lobby directional sign and a 0.6 square foot variance for a drive-through entrance -one-way only sign, to direct traffic at his new Bank as proposed on plans on file in Planning Case No. 97-26; and WHEREAS, The Planning Commission of the City of Mendota Heights held a public hearing on this application at their September 23, 1997 meeting; and WHEREAS, The Planning Commission voted 4-0 (with three Commissioners absent) on September 23, 1997 to recommend that the City Council approve this application, NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that 2 square foot sign size variances for two stop signs, a 4 square foot sign size variance for an ATM lobby directional sign and a 0.6 square foot variance for a drive-through entrance -one-way only sign, as proposed on plans on file in Planning Case No. 97-26 is hereby granted under the condition that the signs meet all MnDOT criteria for signs. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights. that the proposed sign size variances for directional signs, as proposed on plans in Planning Case No. 97-26 under the above condition will have no adverse impact on the health, safety, or general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 7th day of October, 1997. CITY COUNCIL CITY OF MENDOTA HEIGHTS LM ATTEST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor Ji,�i -7-Tr cis :. -,r.,• C;i: j•1�4 FIN w .1S -_tins_• �� • Am IN pirwft PLANTING By OTHERS (TYI=) op C T ' gSL-oCArSgTW5 'tri -DO 0 ' gSL-oCArSgTW5 'tri -DO CITY OF MENDOTA HEIGHTS NOTICE OF HEARING September 10, 1997 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 8:30 p.m. o'clock P.M., or as soon as possible thereafter, on Tuesday, September 23, 1997, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. J. Owen Boarman, representing Dakota Bank, for three variances which would allow the construction of various signs on the following property: Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 1, and Outlot B, Curley's Valley View Addition, Dakota County, MN. More particularly, this property is located 1060 Highway 110. This notice is pursuant to City of Mendota Heights Zoning Ordinance No. 401. Such persons as desire to be heard with reference to the request for the Variances will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administrator at 452-1850. � City of !,r,. Mendota Heights E APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. q �_ Date of Application P- i cel Fee Paid l LX -D C -'(Z) - Applicant Name: Boarman Kroos Pfister Vogel. (BKPV) PH: (612) 339-3752 (Last) (First) (NII) Address• 222 North Second Street Minneapolis MN 55401 (Number & Street) (City) (State) (Zip) Owner Name: Dakota Bank (Last) (First) (Mn Address. 750 South Plaza Drive Mendota Heights 'MN 55120 (Number & Street) (City) '(State) (Zip) Street Location of Property in Question: Highway 110 Frontage Road Legal Description of Property: Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1, and Outlot B, Curl.ey's Valley View Addition, Dakota County, MN, according to the recorded 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 Present Use Proposed Zoning of Property Proposed C I hereby declarb that all statements made in this req material are true. - (see over) X Variance Subdivision Approval Wetlands Permit Other (attach explanation) Section ice«) (Received by - Title) 1101 Victoria Curve • Mendota Heights, MN - 55118 (612) 452-1850 • FAX 452-8940 McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 MEMORANDUM Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors TO: Planning Commissioners of Mendota Heights FROM: Meg McMonigal, City Planne f/ Marc Weigle, Planner J DATE: September 16, 1997 MEETING DATE: September 23, 1997 SUBJECT: Sign Variance, Case No. 97-36 APPLICANTS: Boersman Kroos Pfister Vogel (BKPV), for Dakota Bank LOCATION: 750 South Plaza Drive ZONING: B-2, Limited Business GUIDE PLAN: B-2, Limited Business Description of Request Dakota Bank is proposing one (1) monument, two (2) wall, and five (5) directional signs. Staff has identified five (5) variances for the location of all of the signs except the wall signs. The variances are for location and area/size, as shown on the table on the following page. All signs are required to meet building setbacks. Section 21.5(8)b allows exemptions for address, name plate and/or identification signs having an area of two (2) square feet or less. The directional signs proposed have been evaluated under this provision of the ordinance. Background The developer is requesting an approximately 7 -foot variance to the required 30 -foot setback for the monument sign. The face of the monument sign is located within the setback. However, the developer is proposing to extend the monument structure to serve as a retaining wall and enable a more gradual grading of the site, resulting in the sign encroaching 7 feet, or 23 feet from the property line. The triangular retaining wall extensions at the ends of the sign are the area where the setback variance is needed. Although dimensions of the letter areas were not provided, it appears that four directional signs An Equal Opportunity Employer City of Mendota Heights Planning Commissiori Dakota Bank Sign Variance Request September 16, 1997 Page 2 exceed the two (2) square feet allowed in the Zoning Ordinance. As shown on the following table, the letter areas of the two 'STOP' signs, the 'ATM Lobby' and the 'Drive Thru Entrance One Way' exceed the allowable two square feet. In addition, the 'STOP' and 'Thank You/Do Not Enter' signs are proposed to be located off of the property at the north exit. The developer is requesting permission to place these signs on City property. Another "STOP" sign is proposed in the setback area at the west exit. The developer is requesting a variance to place this sign within the setback area. Proposed Signs for Dakota Bank Sign Length Height Area (s.f.) Variance Required? Monument 21' 1'4" 24 Yes, to extend structure into setback area Wall (North elevation) 19' 2' 38 No Wall (West elevation) 19' 2' 38 No North, `Thank You/Do Not Enter' 116" 1' 1.5 Yes, to allow on City property and size North `STOP' 2' 2' 4 Yes, to allow on City property and size West `STOP' 2' 2' 4 Yes, to allow within setback area `ATM Lobby' 316" 9" 2.6 Yes, a .6 square foot size variance `Drive Thru Entrance One Way' 2' 1'4" 2.6 Yes, a .6 square foot size variance Variance Criteria The variance criteria is outlined in the Zoning Ordinance, and includes: (1) special conditions apply to the structure or land in question that are peculiar to such property and do not apply generally to other land or structures in the same district; (2) variance is necessary for the preservation and enjoyment of property; (3) adequate supply of light and air will be available to adjacent property; (4) the congestion of public street will not be reasonably increased; (5) the danger of fire or public safety will not be increased; (6) property values will not be impaired in the surrounding area; (7) health, safety, comfort or morals will not be impaired; (8) variance will not merely serve as a convenience, but is necessary to alleviate undue hardship or difficulty. Variance Review Locational variance: The proposed directional signs at the north and west exits are important to the safety and flow of traffic into and out of the site. They are common in most developments and are reasonably sized. The two interior directional signs, `ATM Lobby' and 'Drive Thru Entrance One Way', are also important to the flow of traffic on the site and will help reduce the amount of confusion for customers. Size variance: It is questionable whether the letter area needs to be greater than the two (2) square feet allowed by the Zoning Ordinance for four (4) of the directional signs. Setback variance: It appears there is not a hardship for the approximately seven (7) foot variance request for the monument sign, although it is the actual structure of the sign and not the letters City of Mendota Heights Planning Commission Dakota Bank Sign Variance Request September 16, 1997 Page 3 that extend into the setback area. The applicant notes that there is a five-foot elevation change on the property, and the sign will also function as a retaining wall. It appears that the wall and sign could be built within the setback requirements. Action Requested: The Planning Commission can recommend: (1) Approval (2) Approval with conditions (3) Denial Planning Staff Recommendation: Staff recommends approval of three variances for the location of the exterior directional signs ('STOP' signs and the `Thank You/Do Not Enter' sign). These signs are important for the safe flow of traffic. Staff recommends the variance for the `ATM Lobby,' 'Drive Thru Entrance One Way,' and 'Stop' signs be denied, as the signs can conform to the two (2) square foot maximum by reducing the size of the letters. Staff recommends the 7 -foot setback variance for the monument sign also be denied, as it appears there may be alternative methods of grading and landscaping to meet the 30 -foot setback requirement, and a hardship or special condition on this property has not been demonstrated. MATERIALS REVIEWED: 1. Application for Consideration of a Planning Request, signed and dated September 10, 1997. 2. Letter of Intent from Boarman Kroos Pfister Vogel & Associates dated September 9, 1997. • 3. Exterior Signage Package for Dakota Bank, August 27, 1997. September 9, 1997 C) PatrickC. Hollister Administrative Assistant BKPV City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: DAKOTA BANK SIGNAGE PACKAGE The attached signage package illustrates the proposed signage needs for the bank project. The intent of the signage is two fold in that building identification is one need with traffic circulation safety an equal need. The signage needs have three hopefully minor areas that are not within the city ordiances. For these areas we are asking for a variance based on the following: 1. MONUMENT SIGN The sign wall is in compliance at 30'-0" from the setback from the property line. Architecture The variance is requested do to the grading difference between the frontage road and the higher bank site. The grading between the frontage road and the bank parking lot is approximately a 5'-0" drop over the area where the sign is to be located. The variance is Interior Des;gn needed for two 90 degree triangluar retaining wall extensions at the two ends of the sign wall that are needed to transition the grades between the flat area in front of the sign and Engineering the sloped areas along each side of the sign. 2. TRAFFIC DIRECTIONAL SIGNS The traffic circulation at the bank is an important safety issue due to the division between the typical office parking areas and the one way drive-thru banking area. In the design of the signage for traffic circulation safety, we have defined a 1'-8" X 1'-6" standard sign that is 2.5 square feet and a 2'-0"X approximately 2'-4" standard sign that is approximately 4.7 square feet. The ordinate only allows 2 square feet which equals a 1'X2' sign. The hardship is that that 2 square feet does not allow enough background sign area to decern the sign message from the visual competition that surrounds the entire sign. Our message on the signs is less than two feet, however our research shows that more foil area is needed to make the message stand out for auto movement. A highway stop sign is bigger than 1'X2' or 2 square feet for the same reason. Also included for traffic circulation is a 4'-0"X1'-6" illuminated sign located within the required setback, but is greater than 2 square feet for greater visibility for moving traffic. 3. SIGNS OFF PROPERTY At the exit of the drive-thru we have two signs that we are requesting to install off our property near the frontage road. This is a hardship due to the greater depth of 55 feet for the right of way. One sign lets people at the frontage road know not to enter due to the one way exit. If this sign is placed back at our property line it would not function. The other sign is a stop sign for exiting bank traffic at the frontage road and needs to be next to the frontage road to function. There is also a stop sign at the parking lot entrance which ] located on our property but must be outside the required setback to function. Base l n the above issues we are requesting approval. On b7half of the ban eciate your consideration of these items and request your apprgval., ..32 N..'_nd Sr -eel 4;n-apoiis Int ely, ti:nneso a SS:C; XB MA P ST 4GF&L & ASSOCIATES 'Owen Boarman, Pax: r;1 .339 ;2 r _' Project Principal . 0'.� Rear•..... A,- Oav,d P Kr009 A G:r; ; Jagv.A:A. Davc T. Ruyan. AIA = .�a7 <ir:prn taro + Empvfe.' B 0 A R M A N v K R 0 0 S • P F I S T E R v VOGEL & ASSOCIATE,: �1 1 DE1149 HJ— 12 - to,., -30 - J �- 040-30 . N r� IFlig 0-30 1 030-30 -- ------ _,__,_-- _---- --- - -�-------®-��--��-_'-------------_ ------------ ------------------ ------------------ F - - --- -- - / il 1 IN I CITY OF MENDOTA HEIGHTS NOTICE OF HEARING September 10, 1997 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 8:30 p.m. o'clock P.M., or as soon as possible thereafter, on Tuesday, September 23, 1997, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. J. Owen Boarman, representing Dakota Bank, for three variances which would allow the construction of various signs on the following property: Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 1, and Outlot B, Curley's Valley View Addition, Dakota County, MN. More particularly, this property is located 1060 Highway 110. This notice is pursuant to City of Mendota Heights Zoning Ordinance No. 401. Such persons as desire to be heard with reference to the request for the Variances will be heard at this meeting. Kathleen M. Swanson City Clerk Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administrator at 452-1850. MENDOTA Hh 1 GH'1'S `� """ 09/04/97 15:23, FAX 612 452_8940 City of Mendota Heights Variance Checklist I IN • , • • U: .;; tea .404 6 so, fraff'Zoot - • •Le- MM • . • one =_ Relevant Ordinances/Sections CITY PROCESS Applications will be scheduled for consideration by the Planning Commission and/or the City Council only after all required materials have been submitted. Late or incomplete applications will not be put on the agenda. If proper and complete application materials and supportive documents are submitted by 9'� (� `� (date) then the public hearing or review of your case will be conducted by the Planning Commission on (date). Following completion of the public hearing, or Planning Commission review, the City Council may consider your application on (.[Q —Z— g (date). APPLICANT REQUIREMENTS The following materials must be submitted for the application to be considered complete: ✓ a. Fee ($50 Residential, $100 Commercial) b. Completed and Signed Application Form ri c. Letter of Intent summarizing the proposal, including an explanation of hardship or practical difficulty justifying the variance. ✓ d. Abstract Listing of owners located within 100 feet of property. By State Law, this must be provided and certified by an Abstract Company. e. Sketch plan showing all pertinent dimensions, and including the location of any easements, having an influence upon the variance request. f. Written consent by the owners of property within 100 feet of the boundaries of the property for which the variance is requested, accompanied by a map indicating the location of the property in question and the location of property owners who have given consent. If the signatures of all neighbors within 100 feet of the property in item (f) are not obtained by q —! 0 ' , then the City will mail a notice to all 09/04/97 15:24 FAX 612 452 8940 MENDOTA HEIGHTS residents within 100 feet of the owner's,pr�operty at least 10 days in advance of the Planning Commission meeting on q"--�% . The Planning Commission will open a public hearing at the meeting and allow residents to speak on the subject of the Variance. If the signatures in item (f) are obtained by � rJ-R7 'then the City will not mail notices to all neighbors within 100 feet of the property and the Planning Commission may waive the Public Hearing at its meeting on 1- ?-3 -17 if it so chooses. There is no publishing requirement for a Variance. NI g. If topography or extreme grade is the basis on which the request is made, all topographic contours shall be submitted. . N h. If the application involves a cutting of a curb for a driveway or grading a driveway, the applicant shall have his plan approved by the City's Public Works Director. Dated originals plus twenty dated copies of all of the above materials, including this checklist, must be submitted in person to Kim Blaeser, Senior Secretary by the aforementioned date. All materials larger than 8Ye' x 11" must be folded to that size. (Note: Copies of this completed form will be given to both the applicant and the Senior Secretary.) Notes: 2 WJuUti Exterior Signage Package for Dakota Bank Mendota Heights, Minnesota Commission Number 1324.03 August 27th, 1997 Boarman Kroos Pfister Vogel & Associates 222 North Second Street Minneapolis, Minnesota 55401 Phone 612-339-3752 Fax 612-339-6212 DAKOTA BANK - General Notes General Notes: 1. Dakota Bank Signage and Identity Elements are listed below. Refer to attached signage drawings for sign locations, conceptual detailing and additional information. 2. Signage contractor shall furnish and install all new signage indicated in attached drawings. Contractor shall also patch to match existing all existing finish surfaces affected by signage installation. All disruption or damage to existing conditions caused by signage installation shall be repaired by signage contractor. 3. All electrical service modifications shall be performed by signage contractor or electrical subcontractor under the direction of signage contractor. Electrical stub from building main to retaining wall sign, clock and primary building identification signage, by others. Sign contractor to provide final connection to signs and clock. 4. Signage contractor shall submit 4 copies of shop drawings and 3 copies of material and/or color samples to Architect for review and Owner approval prior to material purchase or fabrication. Contractors shop drawings to represent actural typeface req'd. Architect reserves the right to modify lettering size and position. 5. Package, handle, deliver and store at the job site in a manner which will avoid damage or deformation. Damaged material will be replaced by signage contractor. 6. All Primary Bank identification signage shall be custom typeface as developed for Dakota Bank. Typeface: `Benquiat'-bold-italic Color: Black - PMS # 419C 7. Property indentity sign (on retaining wall) lettering shall be same typeface as Primary Bank identification except all letters to be same height. 8. Retaining wall by others. 9. All typeface shall be uppercase unless otherwise noted. 10. Secondary directional signage lettering shall be Helvetica and Helvetica Medium unless noted otherwise. 11. Signage contractor shall field verify existing conditions prior to submitting bid. 12. All metal sign posts, frames & housing for the Mendota Heights, MN location are to be prepared by signage contractor or by painting contractor under the signage contractors direction. Unless otherwise noted the color for signage posts, frames, housings and backgrounds shall be color "Black" PMS #419C, with appropriate surface prep and paint for given substrate. 13. Neon, when required shall be 15mm white. 14. Signage time control by others. Dakota Bank, Mendota Heights, Minnesota Sign Type Description: S1. Freestanding Sign. The words "Thank You For Using Dakota Bank" shall appear in Helvetica on side facing parking lot. "DO NOT ENTER" shall appear in Helvetica on side facing street. Sign S1 shall consist of a metal double -post mounted sign. Color of background to be "Black" PMS #419C. Lettering to be white vinyl applied letters. One thus required. S2. Freestanding "Drive Thru Entrance One Way" sign. The words "Drive Thru Entrance one Way"'shall appear in Helvetica. Sign type S2 shall consist of a metal double -post mounted sign. Color of background to be "Black" PMS #419C. Lettering to white vinyl applied letters. One thus required. S3. Freestanding Stop Sign No. R1-1, 24 inches by 24 inches. Sign shall be fabricated of no less than 16 gauge galvanized and bonderized steel, embossed message, finished with epoxy enamel and reflective beads. Two thus required. S4. • Disabled parking sign No. L-34, 12 inched by 18 inches. Sign shall be fabricated of no less than 16 gauge galvanized and bonderized steel, embossed message, finished with epoxy enamel and reflective beads. Set sign S4 so top of sign is at 5'-6" above ground. Three thus required (one of which shall have van accessible sign per dwg of sign S4). S5. Primary bank identification signage: 24 inches high individually halo illuminated "Dakota Bank" letters with open backs. Fabricated aluminum lettering shall be "Black" PMS #419C. Depth shall be four inches and outrigged two inches from the face of the building. Type style: 'Benquiat'-bold-italic Two thus required. (North and West Elevations) S6. Property identity sign: 14 inches high non -illuminated (ground illuminated by others) "Dakota Financial Center" lettering. Letter width to be adjusted to 0.78 to accomodate 14 inch height. Fabricated aluminum lettering shall be "Black" PMS #419C. Depth shall be two and one half inches and outrigged one inch from the face of the building. Type style: 'Benquiat'-bold-italic One thus required. C1. 32 inch Diameter Backlit clock. Housing to be fabricated aluminum (Black PMS #419C) with removable returns for servicing. Clock face to be 3/16" white acrylic with black vinyl details. Illuminate clock face using (2) 30 inch and (2) 24 inch H.O./Daylight fluorescent lamps. S/F Clock movement: series 2MR-14 with extensions. One thus required. file name pAproj\dak\sign\type S7. Backlit ATM/Lobby directional sign. Housing to be fabricated aluminum (Black PMS #419C). Sign face to be 3/16" white acrylic with black vinyl detail and colored vinyl "instant cash" logo. One thus required. file name pAproj\dak\sign\type N. FTNOTER 2"x2"x 3/16" ALUM POSTS PAINTED W/ KYNAR BASE PAINT- COLOR TO BE SELECTED BY ARCH. .090" ALUM SIGN- ATTACH TO POSTS W/ CONT. WELD. PAINTED - 3" HIGH VINYL LETTERS - (WHITE). I,i I• I I•I I'j I •III 6" DIA. CONC. FOOTING- BY I•u I I !� SIGN CONTRACTOR. 1 3\819= V-0" DAK20-4 2"x2"x 3/16" ALUM POSTS PAINTED W/ KYNAR BASE PAINT- COLOR TO BE SELECTED BY ARCH. .090" ALUM SIGN- ATTACH TO POSTS W/ CONT. WELD. PAINTED - rHMK YOU c FOR USM 0=7A MW 1 1/2" HIGH VINYL LETTERS - (MITE). o :° 1,11• •II•I 6" DIA. CONC. FOOTING- BY I •u I !-k1SIGN CONTRACTOR. L L• B DO NOT EATER SIGNTYPE S1 3\8"= 1'-0" V M � e w r. E d O W. a o r W« 0 Z • Z r � a YC6 Z tE :gym= ff a Q YZ C Q W °a O3; r e v a h (� 0 C O O �x e H �7 Y 0 h C3N � a Shalt Numbor No I , AS REQUIRED DRIVETHRU ENTRANCE tV ONE WAY 2"x2"x 3/16" ALUM POSTS PAINTED W/ KYNAR BASE PAINT- COLOR TO BE SELECTED BY ARCH. 090" ALUM SIGN- ATTACH TO POSTS W/ CONT. WELD. PAINTED - 3" HIGH VINYL LETTERS -(WHITE). I Mm �-I I" .I 11 6" DIA. CONC. FOOTING- BY I-Li•I I u'I SIGN CONTRACTOR. V Z C3 Sheat Number A DRIVE THRU ENTRANCE SIGNTYPE S2 3\8"= V-0" DAK20-4 V Z C3 Sheat Number 0 t+ Z U Fn Lt - 0 w ui Z W U J J J NQ J N mw N J Nm U N U W Q U U D Q af D Q Z> to 0 I 0� I d- MIN. AS REQUIRED BY ADA, 1 IN EVERY 8 ACCESSIBLE STALLS (BUT NOT LESS THAN 1) MUST BE VAN ACCESSIBLE. PROVIDE SIGNS AS REQ'D. DISABLED PARKING SIGN TO HAVE BLUE BACKGROUND W/WHITE LETTERS & GRAPHICS DISABLED PARKING STATE PERMIT ENFORCEMENT NOTICE REQUIRED PER STATE VIOLATORS FINED REQUIREMENTS UP TO 5200.00 AT VAN ACCESSIBLE VAN I —STALLS, MOUNT AN ACC ESS BLE ADDITIONAL SIGN BELOW THE HANDICAPPED SIGN 0 I 2 1/2" x 2 1/2" X 1.25" GALV.STEEL POST W/TOP CAPPED. PRIMED FOR FIELD FINISHING. CONCRETE WALK II .. 0 0 o � � EMBED METAL CYLINDER I I) 11 I SLEEVE INTO CONCRETE 1 II II I FOOTING. INSERT SIGN 1 II II I SUPPORT POST, GROUT AND CAULK JUNCTURE OF POST TO SLEEVE. I II II ( I II II I I II II I POURED CONCRETE U_—lu FOOTING – 8" DIA. TO 48" BELOW FINISH GRADE. I I L___—_.J DISABLED PARKING — SIGN TYPE S4 SCALE 1 1/2" = 1'-0" DAK20-3 n 0 a • 0 �z N A cl Shut Number G') Z -O m �U1 222 North Second street Minneapolis. Minnesota 55401 ' Fax 612-339-6212 phone 612-339-3752 Revisions No. Date Project Title Sheet Title Consultants z DAKOTA BANK vDate: Checked Hr. MENDOTA HEIGHTS, MINNESOTA Drawn B)r Commleeion No.: IMCS - - - -----G 222 North Second Street' Minneapolis. Minnesota $3401 ' Fax 612-339-6212 phone 612-339-3752 Revisions No.. Date Project Title Sheet Title Consultants DAKOTA BANK v Date: 8/21/07 Checked By: MENDOTA HEIGHTS, MINNESOTA $ Drawn By: Commission No.: 1324.Q3 Drn ~' I I �r n M o I a DA) H ' z H z ELEVATION D _ r C/)IH T� nj V O I M F-+ lJ ' PLAN ry. SYM' ETRICAL ABOUT CENTERLINE PLAN DIMENSIONS INDICATE EXISTING WALL z 222 North Second Street Minneapolis. Minnesota 55601 ' Fax 612-339-6212 Phone 612-339-3752 Revisions No. Date Project Title Sheet Title Consultants w DAKOTA BANK o Dnle: 8/77/97 Checked 8r. MENDOTA HEIGHTS, MINNESOTA Drawn By: Commission No.: 1924M 00 0 m m G O z 212 North Second -- Street * Minnagpolls. Minnesota $5401 1 Fox 612-339-6212 Phone 612-339-3752 gnRevisions No. Date _ Project Title Sheet Title Consuttants DAKOTA BANK ... Date: 1� Checked By: ir MENDOTA HEIGHTS, MINNESOTA Drawn Br. Camral22ton No.: 1324B3 '94 %a - CITY OF MENDOTA HEIGHTS MEMO October 2, 1997 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works D' SUBJECT: Cohen - Private Storm Sewer Connection INTRODUCTION: In_ 1994, Mr. Phil Cohen informed the City that he had a ground water problem with his home and needed to install and connect a sump pump outlet to the City's storm water system. In order to accomplish the connection he needed to cross several of his neighbor's yards within a drainage and utility easement. The City then worked with him and his neighbors for many weeks in an attempt to arrive at an agreement that would allow the connection. In the end, negotiations were unsuccessful and Mr. Cohen ended up simply making some improvements internal to his home, pumping the water into his yard and allowing it to drain overland to the street and into the City's storm sewer. In 1994, Mr. Cohen had an offer from Mr. Dick Putnam, from whom he purchased his lot, to participate financially with a solution to his subsurface water problem. Today, that money has been spent on his alternate plan and the opportunity for Mr. Putman's participation no longer exists. I have attached information from 1994 to refresh Council's memory on this issue. Recently Councihnember Smith was contacted by the Alts, one of Mr. Cohen's affected neighbors. The Alts reported to her that the Cohen surface drainage is creating a water problem in their yard which they feel is intolerable. Councilmember Smith contacted me and together we have been analyzing the situation. We have discovered the following: 1. FIELD VISIT I visited the site with Mr. Alt on September 29, 1997. During the visit Mr. Alt and I discussed and viewed the drainage easement which is carrying Mr. Cohen's water. 'Water was, and appeared to be continually, flowing within the easement. When I stepped on the lawn surface near the easement, my foot immediately sank into water saturated ground. The drainage also crosses a City sidewalk adjacent to Pond View Drive and has caused the sidewalk to settle. The water makes the sidewalk surface slippery and possibly dangerous from algae growth. I was told that in the fall and winter the sidewalk surface freezes and becomes covered with ice. 2. LEGAL The Alt's feel the Cohen's drainage is causing them an intolerable nuisance and they desire to have the City take action to have it corrected no later than this fall. The Alts expressed a desire to work amicably to arrive at that end, however they have hired an attorney, should that not happen. The Alt's attorney has contacted the City and she has stated that she believes that both the City and the Cohens could be held liable to correct the situation. I have contacted an attorney with the League of Minnesota Cities Insurance Trust to review the situation and ask about the City's potential liability. The League's Attorney encouraged the City to work with the neighbors to try and arrive at a solution, but she also informed me that she felt that the Alts would have a very weak case against the City. I feel that the City should, at a minimum take action to improve the safety of the sidewalk. Three years ago this issue died because the City was unable to arrive at an agreement that would allow Mr. Cohen to install an underground connection to the City's Storm Water System. Mr. Cohen then proceeded to implement an alternate plan. The City needs to determine if it desires to proceed with the Alt's request and once again became involved solving this nuisance. i The Alts have indicated that they will attend this meeting, all other affected homeowners have been notified of this being on the agenda and have been provided a copy of this memo. Review the Alt's request and determine a course of action. CITY OF MENDOTA HEIGHTS I5 July 13, 1994 TO: Mayor, City Council and City Admiat FROM: James E. D Public Works or SUBJECT: Cohen - Private Storm Sewer Connection DISCUSSION• Mr. Philip Cohen and his neighbors the Pillas, Alts and Macys appeared before Council on several occasions in the past to discuss Mr. Cohen's desire to extend a private underground storm water lead through a public easement within their backyards. No resolution has ever been arrived at. The last time the issue was discussed was at the June 21, 1994 meeting where the following four options were considered: 1. Pump the water back to the pond in the back yard. This option was not selected for the following reasons: a. The water elevation of the pond is at a higher level than the basement and is the source or cause of Mr. Cohen's problem. Pumping his water back to the pond would only create a "loop". b. Mr. Cohen does not abut the pond and easements would need to be obtained from other neighbors in order to accomplish this option. 2. Connect to the storm sewer in Huber Drive by following the rear lots of homes on the west. This option was not selected for the following reasons: a. This option has approximately the same length of pipe as Option 4 however, it would be a more costly option because of the mature trees that would need to be removed, the extra depth of the pipe construction and additional easements would be need to be acquired. b. This option would be more damaging to the environment of the area because of the tree loss. C. A whole new set of homeowners would need to be dealt with. 3. Connect to the storm sewer in Huber Drive by installing the pipe in the public street. This option was not selected for the following reason: No formal estimate had been arrived at for this option because it was easily apparent that it would be a very costly option. The following estimate is now presented: Pipe costs $12,000 Manhole Costs 3,000 Street Work 8,000 Contingency/Incidentals 2,000 Engineering/Overhead 5.000 Total $30,000 4. Connect to storm sewer in Pond View Drive by traveling north through the Pilla, Alt, and Macy easements (original proposal). This alternate has not been selected because the affected homeowners have not accepted the proposal. Some of the outstanding issues are; the amount and duration of the escrow deposit and the City's unwillingness to undertake any liability for the line. We have suspected, and it has been stated several times during discussions on this issue, that there are many residential sump pumps within the City that drain into the sanitary sewer. This is also very evident by the amount of sewage that the Metropolitan Waste Control Commission (MWCC) meters and charges the City for treating. The amount of sewage metered can be 50% ± higher than the amount of clean water metered. This extra water in the sanitary sewer system is expensive for the City and is a problem that we should deal with in the future. The effluent from all these sumps that currently drain into the sanitgry sewer needs to be relocated, preferably into a storm sewer just as Mr. Cohen proposes. I feel that these sumps directed into the City's sanitary sewer is a health, safety and welfare issue and therefore should be resolved by the City. Drain tile connections to the storm sewer are common place and there is very little, if any, danger or problems associated with them. Mendota Heights has installed them at many locations where there were areas of high ground water within the street and we have never had any problems at an of these locations. The Sanitary Sewer Comparison Each home within Mendota Heights has a private service connection to the City's sanitary sewer main in the street similar to what Mr. Cohen is proposing with the storm sewer. Both types of lines are non pressurized and flow solely on the basis of gravity. If and when there have been problems with these connections, it always affects the person who is connected, not their neighbors. These sanitary services do occasionally get plugged, usually with roots, and this back up then causes a problem for the homeowners who owns the connection, not his neighbors. I expect that the same result would occur with a plugged storm sewer *connection. RECOIVEVIENDATION: It appears that the homeowners involved in this case will never come to an agremeent and that the City will have to take the action to correct the problem. This is a health, safety and welfare issue and I recommend that the City undertake the liability for the potential rupturing of this line so that the affected nieghbors can have a comfort level with the connection and hopefully an agreement can be arrived at to implement Option 4 above. Suggested language change to the agreement that would authorize the City to step in and take actions to protect other affected homeowners: 12: In the event of a leak in, or rupture of any pipe, or line located within the public easements or right-of-way which is a part of the project, the owners shall immediately cause such pipe to be repaired or replaced and all damage to any real properly created by such leak or rupture to be repaired or restored to its former condition. If the Owners fail to do so within five (5) days after notice of such leak or rupture the City shall have the right to cause all above mentioned repairs or restoration to be completed and the Owners shall immediately on demand reimburse the City for all costs, expenses and fees incurred, or paid by , or asserted against, in connection therewith. ACTION REOUIRED• Notices of this meeting have been sent to the four affected property owners. Discuss the issue with these affected property owners and then if Council desires to implement the recommendation, approve the language for the City's liability associated with the construction, add that language to the agreement (see attached) and authorize the Mayor and Clerk to execute that agreement. 4 NOTE: Also attached is the latest correspondence from Mr. Cohen. 06-29-1994 14:24 612 625 4583 UofM Electrical En9ineerin9 P.01 Facsimile Cover Sheet To: Mr. Jim Danielson (ATTN Diane} City of Mendota Hts FAX: 452 8940 From: Philip I. Cohen FAX: 612-625-4583 Dept. of Electrical Engineering Phone: 612-625-5517 University of Minnesota 200 Union St. SE Minneapolis, MN 55455 This cover sheet is the first of --J pages. If there is a problem with this transmission please contact 612-625-5517. REMARKS Dear Jim, June 29, 1994 I finally have received some information from Schoell & Madson regarding their experience with similar draintile systems. In addition I asked them to comment on putting the pipe under the cul de sac and street. I also spoke with Mr. Leonard Linton -- he says that because it would parallel utility lines the contractors would need to dig for about 500 ft. by hand. Their increased liability would likely make it impossible to find a contractor willing to take on the project. Please forward this to Mayor Mertensotto and distribute as appropriate. Sincerely, J_ Philip I. Cohen 06-29-1994 14:25 612 625 4583 UofM Electrical En9ineerin9 P.02 _T L)"* -29-194 WED 1 2 : 1's _ F _ 07 SCHOELL & MADSON, INC. ENGINE RS 4 SURVEYORS • PLANNERS SaL TFSTM • &WRGNWNfAL SM ICES June 29, 1994 t 10580 WAYZATA aCULGVARD • 6UME + • MINNRTONKA. MN 80305.9 5015 (6927 54(3.7601 • FAX 1812) 548-9066 Mr. Philip Cohen 644 Pond View Terrace Mendota Heights, MN 55120 Subject: Draintile Line for Lot 4, Block 6, Copperfield 4th Addition, Mendota Heights, MN Dear Mr. Cohen: We are responding to your letter of lune 28,1994. We understand that the city has requested information about the probability of the draintile lice freezing. This question was answered in letter addressed to Mr. Clayton Eckles, City Engineer of Mendota Heights dated November 19, -1993. We indicated that the invert of the line will be 4.9 to 7.9 feet below the existing ground surface. Frost penetration is less in open ground and deeper under pavements where snow is removed. Burial of watermain 7.5 feet below grade is standard in Minnesota to protect against freezing. The city of Oakdale requires the installation of draintilc behind the curb at low points in the street. These pipes are connected to the storm sewers at the catch basins and are usually 3 to 4 feet below the ground. Wei Installed several draintiles behind the curb in Oakdale in 1993, in high moisture soils. We are not aware of any problems with these systems after going through a freeze -thaw cycle. These systems are similar in function to the line proposed for your property. The city council asked if the line could run down the cul-de-sac instead of crossing the neighbor's back yards. There is not a storm sewer line in Pond View Circle or along Pond View Drive between Huber Drive and Waters Edge Terrace. We refer you to the drawing prepared for the this project, which shows the location of the existing storm sewer in this arca. We did a quick analysis of laying the pipe along Pond View Terrace and Pond View Drive and connecting to the storm sewer along Huber Drive. There appears to be ample grade difference to allow installing the pipe behind the curb, however there may be conflicts with existing utilities that would not become apparent until construction started and the lines were exposed. These conflicts may make this alternate unbuildable. This route is longer and would require additional restoration work as well as more pipe. The construction and restoration costs for this alternative would be considerably higher than crossing backyards as proposed. The potential for severing or damaging underground electric, telephone or natural gas lines is greater since this route parallels the curb most of the way. -Placement in the paved part of the street would reduce utility conflicts but would increase the construction time and restoration costs significantly. Most cities are reluctant to allow digging under the street pavement except in emergencies since the patches are often the first point of failure of the pavement surface. Tull evaluation of this route was beyond the scope of services authorized at this time. AFFIRMATIVE ACTION - EOUAL OPPORTUNITY EMPLOYEP 06-29-1994 14:25 612 625 4583 UofM Electrical En9ineerin9 P.03 .TU W -24-4•s WED 22 : 1 4 F 0'S Mr. Philip Cohen 2 June 29, 1994 The designed route for the draintile represcntsthe best solution of all the alternatives based on ease of construction and cost of restoration. The possibility of conflict with existing utility locations makes the route discussed above less desireable than laying the pipe west to Huber across lots 2 & 3. It should only be considered after all other rdutes have been explored. Please feel free to contact us if you have further questions. Very truly yours, SCI IOCLL & MADSON, INC. Apzle-o 44Q� Leonard Linton cc: Copperfield Associates do Dick Putnam i 07!13!91 09:48 F.AT 612 222 4755 C.E. MERTENSOTTO CITY OF MR X1001 07-1:)-1Q94 17:08 613 G:2s 4se3 Uu-M Electrical Elsineerin9 P.01 JLIL-li-i9CG id:a5 FROM KJCC INLSTRIAL WASTE DIU TO 9&--S458a p. 13Z, Metropolitan Waste Control Commission Mears Park Centre, ZM East Fath SemaL SL Pani. Minamua SS101•(633 612 222.8013 iuiy 11, 1994 Mr. Phil Cohen 644 Pond View Te=Ce MftdoM Heigtus, Mtnaesota 55120 Ck 2 MF12re.3,� �- e 1ZF! Request to Discharge Unpoluted GrowxWrater into the Mempolitaft Disposal System I►^�,. . M Section 406.17 of the Waste Discharge Rules for tho Metropollimi Disposal SysL-m sefera to Prohibited Waste Disclulrges and states the following regarding discharge of unpolluted watts: No pemon... shait dis lwv or cause to be d'ir- arged into public sewer any of the following mssari r.—any unpolluted water, inrlvding but not limited to, norteontact cooling water, rain water, storm water, or gmndwater unless there is no prudent and %ssible alternative.' the dewa=ing of unpotimed w= such as you des=bed to me is commonly routed to Me storm sowers for discharge and we would expert that this would happen in your case. It may be possible w apply for and obtain a vriance to the Waste Discharge R lm for a discharge such as d�s on a tempo= basis. however. it, would not be approved on a long term or permanent basis. .-0 Sincerely, Lynn Dally Senor Engineer indusaw W25te Division Post-[T'F=Note 1611 Da -7 -o -,74:a'1, 1 Ta 1 ► Win. F°`° "p1Ui e_kASA --p1C7`� cq;► .i Fac 0 IUF'.V�- PRIVATE SUBSURFACE DRAIN PIPE SYSTEM AGREEMENT THIS AGREEMENT is made and entered into effective as of the day of , 1994, by and among THE CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation (the "City") and PH -IP I. COHEN and MARY E. YOULE, husband and wife (the "Owners"). WHEREAS, the Owners reside within the City of Mendota Heights and are the owners of homestead property located at 644 Pond View Terrace, Mendota Heights, Minnesota 55120, which property is legally described as: Lot 4, Block 6, Copperfield Third Addition, Dakota County, Minnesota (the "Property"); and WHEREAS, the Owners have experienced certain drainage problems in regard to the Property; and WHEREAS, Schoell & Madson, Inc., a professional and registered engineering firm with the State of Minnesota, has designed and engineered a project to aid in resolving the owners problem; and WHEREAS, the City is willing to assist the owners upon the terms and conditions set forth in this agreement. NOW THEREFORE, in consideration of the Recitals, which arb hereby made a part hereof, the parties agree as follows: The City will permit the Owners to cause the system to be installed and constructed over and across the Property and the Affected Properties strictly in accordance with the Plans on file with the City of Mendota Heights. 2. The subsurface drain pipe system shall be installed as nearly as physically possible to the center line of the dedicated public utility easements between Lot 5, Block 6, Copperfield Third Addition; Lot 6, Block 6, Copperfield Third Addition; and Lot 1, Block 6, Copperfield Second Addition (collectively, the "Affected Properties"). 3. The City further gives its permission to install the drain pipe system within the public right-of-way commonly known as Pond View Drive, and terminating in a storm sewer manhole; all in accordance with the project drawings that the Owner has filed with the City of Mendota Heights Engineering Department. 4. The drain pipe project shall be used exclusively for the discharge and disposal of uncontaminated ground water and normal surface water runoff, expressly to protect the City's storm water holding ponds from induced contaminants and to protect all living entities from adverse environmental conditions. 5. The Owners agree and shall at all times retain the responsibility of the maintenance of the subsurface drain pipe system; the City's responsibility shall only be that of permitting the owners to install and maintain a subsurface drain pipe system within the dedicated public utility easements of the Affected Properties, and within the public right-of-way on Pond View Drive. 6. The Owners hereby acknowledge and understand that the City assumes no responsibility whatsoever with respect to the original construction, design, or engineering of the system. 7. The Owners hereby agree to notify the City at any time during the term of this Agreement of any event or condition known to the Owners, or either of them, which may impair or otherwise affect the performance or condition of the system or any part thereof. 8. The landscaping within the public easement area shall be preserved or otherwise restored to its pre-existing condition at the Owners expense. The Owners shall make a $1,000.00 deposit with the City, which deposit shall be retained for a period of two years and be used by the City to guarantee this performance. 9. The Owners shall require or cause the installer of the system to deliver to the City of Mendota Heights a Certificate of Completion;/prior to being released under its installation contract. .9, c,' uc.A4 10. The City, without incurring liability, shall be the sole judge as to the continued and useful life of the subsurface drain pipe system. ; 11. No party may connect with or discharge into the drainage pipe project without e becoming a signatory to this Agreement or entering into a substantially identical agreement with the City. 12. This Agreement shall be filed of record with the Dakota County Recorder at the Owners' expense, and it shall be binding on the parties successors or assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered effective as of the date and year fust above written. THE CITY OF MENDOTA HEIGHTS By: Its Mayor Attest: Its Clerk Philip I. Cohen Mary E. Youle Page No. 4093 July 19, 1994 Mr. Forrest responded that the anticipated typical use of the North Urban Trail is projected to be from the residential areas surrounding the trail and for short recreational trips. He stated that the trail will not likely receive much use from people traversing east to west from South St. Paul to its end. Councilmember Huber stated that he would like to see much more detail on what widening and flattening is proposed for the trail in Valley Park and what damage may occur to the vegetation. He further stated that there are several places on the valley trail where sight lines are such that people cannot see what traffic is coming from very far ahead. He expressed concern about introducing even more potential bicyclists but stated that he would not like to see the problem solved by flattening the trail out. Mayor Mertensotto pointed out that because of the terrain there is good justification for separate trails for the pedestrian and bicycle uses. COHEN STORM SEWER Council acknowledged a memo from Public Works Director Danielson regarding the Philip Cohen request for storm sewer connection, recommending a proposed revision to the draft connection agreement. Council also acknowledged letters submitted by Mr. Cohen from Schoell and Madson, Inc., and the Metropolitan Waste Control Commission. Mr. Cohen informed Council that he has received an estimate of $700 from Ace Blacktop for repair of any potential damage to the Macey driveway, and stated that he feels the proposed $1,000 escrow is adequate. He stated that he has reviewed the draft agreement and -would like to add a clause that would allow him to do repairs before the city uses the escrow. He further stated that (regarding paragraph 11 of the agreement) he would like an opportunity to try to recover some of his costs by working out an agreement with anyone else who might wish to connect to the system. Mayor Mertensotto responded that the city must be in control by saying that no one can connect without agreement, and that Council would certainly be in contact with Mr. Cohen since he has the responsibility for maintaining it. It was suggested that the paragraph could be revised so that no party may connect without the landowner and city approval. Page No. 4094 July 19, 1994 Mr. Cohen stated that his final issue is the recommended changes in the twelfth paragraph, and informed Council that his legal counsel has advised him not to accept the clause. He explained that currently if the line breaks and it is his fault, he must fix it but if it is not his fault he did not feel he should have to fix it. He pointed out that if his neighbors put trees in the easement area, or gazebos, he should not be responsible for damage. Responding to a comment from Mr. Alt about potential tree root damage, Mayor Mertensotto pointed out that this is one of the hazards people encounter when they construct something in close proximity to an easement area. He explained that if this were a city project, the trees would likely be removed if their roots obstructed the use of the easement. He further stated that the rule is that if someone builds or plants something in close proximity to an easement area they run the risk of damage. City Attorney Hart stated that liability is not imposed by the twelfth paragraph, just a remedy; and the fifth paragraph is the strict liability. Council heard comments from Mr. Cohen's neighbors. Mrs. Cohen stated that the storm sewer connection was proposed because she and her husband thought it was the most responsible approach to solving the problem and they have agreed to accept the responsibility for maintenance of the system. She explained that they have spent considerable money on legal and other fees because their neighbors complained about draining the water out the front or back of their property but that they cannot afford any more legal fees and it is not worth it to them to pursue the matter further. After discussion, it was the consensus that Mayor Mertensotto and Attorney should meet with Mr. Cohen and Mr. Pilla, as the neighbors' representative, on September 12 at 5:00 p.m. to try to resolve the matter. - RECESS Mayor Mertensotto called a recess at 9:50 to conduct a Council interview of Planning Commission candidate Steven Kleinglass. The meeting was reconvened at 10:15 p.m. COMMISSION APPOINTMENT Mayor Mertensotto informed the audience that immediately preceding the regular meeting Council had interviewed two candidates, Joe Betlej and Sally Lorberbaum, for appointment to an unexpired term on the Planning Commission. He stated that all are excellent candidates, and recommended that Joe Betlej be appointed 644 Pond View Terrace Mendota Heights, MN 55120 August 16, 1994 Mayor Charles Mertensotto City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mayor Mertensotto, It appears to us that we are no closer to coming to an agreement to allow our proposed connection to the city sewer through the public utility easement that is feasible for us and also meets the concerns of the city and our neighbors. We do not have the resources to continue this process any longer. This letter is to formally withdraw our request for a connection to the city storm sewer. Please notify the appropriate persons that we will not be attending the meeting proposed for September 12. In order to manage the drainage on our property, we have decided to close up our transite heating ducts and pursue other options recommended by the engineers. As you pointed out at the city council meeting in July, we will take steps to direct any drainage water from our lot away from the street. We appreciate the time .that you, the other city council members and city staff have spent dealing with this issue. Had we known that our simple proposal was going to generate such heated discussion and ObjeCtiors, we Would not have asked the city to consider it. Perhaps in the future, the council may develop a city-wide plan to handle drainage issues, thus eliminating the need for individual petitions. Sincerely, Phil Cohen Mary Youle Metropolitan Waste Control Commission, Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 July 15, 1994 Mr. Phil Cohen 644 Pond View Terrace Mendota Heights, MN 55120 RE: Rules and Regulations for Sump Pump connections. Dear Mr. Cohen: In response to your inquire regarding existing rules and regulations controlling the connection of sump pumps to sanitary sewer facilities we have cited the following sources for your information: 1. Metropolitan Waste Control Commission's Waste Discharge Rules for the Metropolitan Disposal System, June 1992, under Article IV, Section 406.17 states that the discharge of any unpolluted water, such as groundwater, into the system is explicitly prohibited. The Metropolitan Council/Wastewater Services (MC/WS), formally the Metropolitan Waste Control Commission, has allowed on a case by case basis, temporary connections of sump pumps to the sanitary sewer with the understanding that the connection would be temporary and a permanent non -sanitary sewer discharge point must be ' provided. Under a temporary connection condition, local communities have the ability to collect fees to cover the additional cost to the City from the increased flow. 2. Minnesota Department of Health Plumbing Code, Chapter 4715, printed July 1990, under Section 4715.2750, Conductors and Connections for Storm Sewer, states in Subpart 2 that sanitary and storm building drains shall be separate outside the building and may only be combined outside the building when connection is to a combined sewer system. The preceding regulations are those that we have been able identify at this time. However, local rules and regulations may also apply relating to the connection of sump pumps to sanitary sewer systems. A Service of the Metropolitan Council Equal Opportunity/Affirmative Action Employer F6 % OV If you have any questions regarding this issue, or require additional information, please don't hesitate to call me at 229- 2116. Sincerely, onald S. Blohm Community Services Manager DSB:KLC;klc cc: James Danielson, City of Mendota Heights d i L A Service of the Metropolitan council S tr"t it '+t t �:i 1Z it .r� .t :r� •t:L i3fa C• ' i toil B ELEC1?JC BLF<2) GAS 1 Z7 T 4, BLOCK 6 COPPERE[ELD 3RD DITION, MENDOTA HEIGHTS CITY OF MENDOTA HEIGHTS u 1_ U_ • October 1, 1997 TO: Mayor, City Council, and City Administrator FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Mendota Plaza Craft Show Special Sign Permit Discussion Sheila and Dave Palme of 1053 Wagon Wheel Trail have a business venture known as "Creatively Yours Promotions" that organizes and promotes craft shows. They are planning to have an indoor craft show at Mendota Plaza on November 1, 1997, from 10 a.m. to 6 p.m. The Palmes are seeking a temporary sign permit from Council to place one or two signs in or near the entrance to the mall on Dodd Road from October 25, 1997 to November 1, 1997. The Palmes' original idea was to place a 4' vertical by 8' horizontal ground marquee sign on the paved island in the middle of the entrance to the mall from Dodd Road. Staff informed the Palmes that we would be recommending that the Council not approve that location due to traffic visibility and safety concerns. The Palmes then suggested that as an alternative, a smaller "sandwich" style sign could be placed on the island, and the larger marquee sign could be placed on the grassy area south of the Dodd Road entrance to the mall. Please see the following attached items: 1. cover letter from Sheila and Dave Palme 2. promotional flyer for the craft show 3. j sign permit application 4. site map of the proposed location for the sign on the paved island 5. contract agreement between Paster Enterprises and the Palmes 6. hold harmless agreement between Paster Enterprises and the Palmes 7. a second cover letter describing an alternative sign arrangement to placing the marquee sign in the paved island. 8. a letter from Paster Enterprises granting specific permission for the sign(s). Mr. Palme will be present at the October 7, 1997 Council meeting to discuss this sign permit. Action Required Discuss the sign permit application for temporary signage at Mendota Plaza for the craft show from October 25 to November 1 and advise Staff as to how to proceed. Oc t. 2. 1997 4: 26PM MENDOTA YYODUCI'S !N� No. L4LL r. 1/ 1 C October 2, 1997 Patrick Hollister City of Mendota Heights 1 10 1 Victoria Curve Mendota Heights MN 55118 Dear Patrick: Per your request, attached is an authorization for Sheila Palme to place signs in and around the Mendota Plaza Shopping Center property and to have the City of Mendota Heights grant me permission to place (2) sandwich signs (3' x 2') in (2) various locations as follows: (1) Sign at Mendota Heights Plaza main entrance/exit island. (1) Sign at Dodd Rd (Hwy149) and southeast of Mendota Heights ' Plaza main entrance/exit (running parallel w/bike trail in grassy area only). This second sign location may either be a sandwich sign or the 4' vertical by 8' horizontal ground marquee sign. These (2) signs will be placed in the above (2) locations on October 25,.1997 through November 1, 1997. Sincerely, Sheila Palme (Creatively Yours) Oct, 2,1997 4;36PR MENDOTA PRODUCTS ING- UL, I —IOL—l�9 f LJ • JJ , ..... _ AC3ES CENTRAL PLAZA 45th & Central Ave. N.E. Minneapolis, N iartesom s12No.2423s9 P. 1/l/es DEVUOPMENT AND MANAGEMENT OF SHOPPING CENTERS a 2237 LTnivasityAve. • St Paul. MN SSI Ia167'7.612-bah-79(31 • F.0 b12-646-1389 October 2, 1997 Ms, Shelia Palme ssa ONGEN 1053 Wagon Wheel TrailLRoad PBroadway Crystal. Minnesota Mendota Heights, MN 55120 ML-NDOTA PLAZA Shite Hwy. 110 & Dodd Road Mendota Htigha, Minnesota MOUNDSVIEW SQUARE Hwy. 10 & Long Lake Road Mounds View, Minnesota NORTHWAY SHOPPTKG CENTER Stare Hwy, 23 & Woodland Circle Pincs, Minnesota SIBLEY PLAZA West 76 Smoot & Davem St. Paul, Minnesota 50UTHV1EW SHOPPING CENTER Soud wiew Blvd. & 13th Avc. 5 South St- Paul, Minacsota *pphanie RPRISES ' c - Kirchmaier Director of Marketing This letter serves as authorization for Shelia Palme to place signage in DODDWAY SHOPPING CL•NM5k and around the Mendota Plaza Shopping Center property. South & Dodd Road West St. Paul, Minnesota Locations of all signage will be up to Shelia Palme to decide, granted the city of Mendota Heights approves said locations. LEXING•TONPLAZASHOPPES Sincerely, Lexington & Latpenteur Roseville, Minnesota ML-NDOTA PLAZA Shite Hwy. 110 & Dodd Road Mendota Htigha, Minnesota MOUNDSVIEW SQUARE Hwy. 10 & Long Lake Road Mounds View, Minnesota NORTHWAY SHOPPTKG CENTER Stare Hwy, 23 & Woodland Circle Pincs, Minnesota SIBLEY PLAZA West 76 Smoot & Davem St. Paul, Minnesota 50UTHV1EW SHOPPING CENTER Soud wiew Blvd. & 13th Avc. 5 South St- Paul, Minacsota *pphanie RPRISES ' c - Kirchmaier Director of Marketing �I. t `�v, C_VrrAtitrPl� ��ur PROPOSAL FOR TEMPORARY SIGN PERMIT Dear City Council: The Fall Harvest Craft Show will be held at Mendota Plaza on November 1, 1997 from 10-6. The sign is a 4 -sided ground/marquee, 4' vertical x 8' horizontal with a sign area of 32 sq. ft. and a distance from ground to sign base of approx. 4" (please see attached map of sign drawing). This show is presented by Sheila and Dave Pa1me (Creatively Yours Promoters). This community event is a one -day show only. Our goal is to bring in more traffic to the mall to make it more profitable for the various retail stores and to make it possible for the community (residents and businesses) to socialize and network as a community should. We also hope this day will be an enjoyable and memorable event for everyone. Wd would like to propose this sign to be temporarily placed on the island (by main mall entrance/exit) facing in a east/west direction from October 25 through November 1, 1997 (please see photo attached). We need to advertise in advance to attract many potential customers driving by on this major intersection of Hwy 110 and Hwy 149, otherwise; no one will not notice that our show will be taking place. Without this sign, we will be guaranteed of an unsuccessful show, strongly affecting craft vendors and Creatively Yours Promoters. We also plan to sandbag the sign to ensure stability and to take proper safety precautions. Thank you in advance for allowing us to have a temporary sign permit! Sincerely, Sheila and Dave Palme (Creatively Yours Promoters) �rPatiUPl� �nurs Dear Crafter: You are cordially invited to participate in The Fall Harvest Craft Show promoted by Creatively Yours which will be located at Mendota Plaza, 750 Hwy 110 & Hwy 149 (Dodd Rd), Mendota Heights, MN. Extensive advertising in the Sun Current, Highland Villager, Grand Gazette, Southwest Review, St. Paul Voice Newspaper and other local community papers as well as public announcements on local radio and television stations should assure a sizable crowd of craft buyers. Flyers will also be distributed throughout the surrounding areas as well. Details of The Fall Harvest Craft Show Are As Follows: Craft Show Date: November 1 Craft Show Hours: Saturday — 10:00 — 6:00 Space: 8' Deep x 10' Wide Entry Fee: $50.00 Dejdline For Entry: October 18, 1997 (Entry Fee Non -Refundable) (Please Mail Entry Fee With Registration Form) Set -Up: Saturday — 8:00 — 10:00 Tear -Down: Saturday — After 6:00 Thank you in advance in participating to help promote another successful craft show! If you have any questions or concerns, please feel free to contact Sheila or Dave at (612) 452-3915. Again, thank you and we are looking forward to seeing you at The Fall Harvest Craft Show. Sincerely, CREATI VEL Y YO URS APPLICATION FOR SIGN PERMIT CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE ST. PAUL, MINNESOTA 551 t8 (612) 452-1850 ACKNOWLEDGEMENT AND SIGNATURE. The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinances of the City of Mendota Heights, the State of Minnesota, and rulings of the Building Department. PERMIT FEE SITE ADDRESS DATE PERMIT NO. o -rteas/1111-,-y• PROPERTY OWNER (Name) (Address) 1/`''� , 0, -z-_ (Telephone No.) f r k2 r, 5SS CONTRACTOR (Nam) (Address) (Telephone No.) Type of Building Construction Used As Building To Be Completed Old C New Estimated Cost Contractor's City License No. Building Permit No. TYPE OF SIGN WALL ROOF C PROJECTING 13 GROUNO'5L MARQUEE g TEMPORARY K OTHER MAX. DIMENSION VERTICAL�!A_FT. HORIZONTAL j FT. SIGN AREA .? SQ. FT. N6. OF SIDES DISTANCE FROM GROUND TO SIGN BASE L4 FT. HEIGHT OF SIGN FT. SETBACK OF SIGN FROM PROPERTY LINE �� FT. c NATED YES = NO ALLOWABLE SIGN AREA ON PREMISES � SQ. FT. SKETCH OF SIGN 0 0 BALLA C) — Co ACKNOWLEDGEMENT AND SIGNATURE. The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Mendota Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinances of the City of Mendota Heights, the State of Minnesota, and rulings of the Building Department. 1 0! I VALA- \-kARvff!�;T- NOVA i z r DATE: SEPTEMBER 8, 1997 FROM: PASTER ENTERPRISES RE: This contractT�l ives g �jM e, (promoters) exclusive rights to hold a craft show on November 1, 1997 at Mendota Plaza. Mendota Plaza will not charge a fee to hold the flea market at the center. Promoters are responsible for all additional advertising. Promoters will sign a Hold/Harmless agreement releasing Mendota Plaza Associates, Mendota Plaza Merchants Association and Paster Enterprises from any liability. a Promoters will abide by mall regulations which include employee/exhibitor parking guidelines. Exhibitors must park on the outer perimeter of the parking lot. , �V, Signed, Date q — I L` — �Z Date—q 9 f4 HOLD HARMLESS AGREEMENT This agreement made this September 9, 1997 by and between Mendota Plaza, its members, employers and agencies hereinafter called the Party of the First Part, and Sheila Palme, hereinafter called the Party of the Second Part. Witnesseth that for and in consideration of the sum of%L dollars in hand paid to , receipt whereof is hereby acknowl dged, and other good and valuable considerations, THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. The Party of the First Part hereby permits the Party of the Second Part, use of certain premises of Mendota Plaza for the period of November 1, 1997 provided, however, the Party of the Second Part a) shall not use, serve, drink, sell or keep on premises alcoholic beverages of any kind whatsoever. b) shall, upon departure, return said premises no later than Spm on November 1, 1997. c) shall obtain approval from Marketing Director of Mendota Plaza, or her designated agent, for any decoration thereof; and d) shall not deface, mar or in any way destroy, the furnishings and fixtures in said premises and in the event of such destruction, shall be responsible for and bear the expense to replace the same. 2. The Party of the Second Part shall indemnify and hold harmless the Party of the First Part from and against any and all liabilities, suits, claims, damages, injuries and actions, costs and expenses -of -any kind or nature to anyone, whatsoever, relating to subject premises due to or arising out of any act, negligence or neglect of the Party of the Second Part or of its employees, members, guests, servants, agents or invitees. 3. The Party of the First Part reserves the right to terminate the use of said premises upon notice whether by reason or breach of any conditions contained herein or for any other reason. 4. The space shall be used for a CRAFT SHOW on November 1, 1997. Space must be returned to its original condition after show is completed. IN WITNESS WHEREOF THE PARTIES HERETO HAVE AFFIXED THEIR HANDS AND SEALS ON THE DAY AND YEAR FIRST HEREINABOVE WRITTEN. j, ��rt of the First Par Party of the Second Part � Pati-udIj Vnurs October 3, 1997 Patrick Hollister City of Mendota Heights 1101 Victoria Curve Mendota Heights MN 55118 Dear Patrick: Per your request, attached is an authorization from Stephanie Kirchmaier (Director of Marketing) with Paster Enterprises. This allows us permission to place signs in and around the Mendota Plaza Shopping Center property. We are asking the City of Mendota Heights (City Council) to grant us permission to place (2) sandwich signs (3' x 2') and (1) 4' vertical by 8' horizontal ground marquee sign in (3) various locations as follows: • (1) sandwich sign on paved island at Mendota Heights Plaza main entrance/exit facing in a east/west direction. • (1) ground marquee sign at Dodd Rd (Hwy. 149) and southeast of Mendota Heights entrance/exit (running parallel with bike trail in grassy area only). This will be facing in a east/west direction. (Optional: we may place a sandwich sign here depending on which sign is more stable & more visible (Creatively Yours choice). a (1) sandwich sign placed behind (east) of Amoco on paved island. This will be facing in a east/west direction These (3) signs will be placed in the above (3) locations on October 25, 1997 through November 1, 1997. As documented in the Proposal For Temporary Sign Permit, we plan to sandbag the (3) signs to ensure stability and to take proper safety precautions. Thank you for your cooperation! Sincerely, Sheila & Dave Palme Creatively Yours Enclosures: Please see attached authorization and map of (3) sign locations ILI -jff�] EF -0 MA | | ' | / ------_`/ / . ' ' N CITY OF MENDOTA HEIGHTS MEMO October 1, 1997 ppTO: Mayor, City Council and City Adminis FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Cellular/PCS Antennae Ordinance Discussion Attached is the final draft Qf the Cellular/PCS Antennae Ordinance. Staff has prepared the draft in final form for possible adoption by the City Council on the evening of z October 7, 1997. This draft ordinance is the result of several viewings by the Planning Commission and the City Council, including two joint workshops. The current moratorium on placement of Cellular/PCS antennae within the City of Mendota Heights expires on December 3, 1997. Industry Input Opportunities have also been provided for industry input on the draft ordinance, and several local Cellular/PCS service providers have responded with oral and written comments on the draft ordinance. Where the Planning Commission and the City Council have felt that proposed changes by the industry were appropriate, they have been incorporated into the draft ordinance. The following have been the most common concerns expressed by the Cell/PCS industry regarding the draft ordinance and the City's response to those concerns: Height Limitations. The industry felt that the 75 foot height limit originally contained in Section 21.6(4)d was too short. The industry requested that the City raise the height limit to accommodate co -location and reduce the number of towers needed in the City, and that a 25 foot bonus be granted if the pole is designed to accommodate a second user. The current draft includes a 25' "co -location bonus". 2. Setbacks. The industry felt that the requirement that antennas be 25' plus the height of the tower from the nearest lot line originally contained in 21.6(4)d was too strict. The Planning Commission and the Council have responded by removing the 25' component and merely requiring the tower to be at least its own height from the nearest setback line. 3. Prohibition in Residential Zones. Section 21.6(4)a currently prohibits antennae within R-1, R-lA, or R-2 zones. The industry felt that this is too restrictive, particularly in light of how much of the City falls within these zones (roughly 70%). Both US West and AT&T Wireless requested that at a minimum institutional sites within these zones be granted an exception. After much discussion, the Planning Commission and the Council have opted to leave the prohibition as it is. 4. Non-interference. Sprint PCS objected to the requirement that the applicant submit a report from a qualified professional engineer guaranteeing non-interference along with a copy of the FCC approval of the antennae in regards to non-interference. The Planning Commission and the Council have again opted to let this requirement stand. 5. Abandonment Bond. Sprint PCS objected to the requirement for submission of an "Abandonment Bond" to the City equal to 150% times the current cost of removal and disposal in Section 21.6(8)g. Sprint PCS claimed that this is a unique burden placed upon antennae, and no other structures. The Planning Commission and the Council have again opted to let this requirement stand. 6. Maps. The industry also objected to the requirement to submit maps showing all existing and proposed antennae of both the applicant and competitors within a five mile radius due to the proprietary nature and competitive sensitivity of such information (Section 21.6(8)i). The Planning Commission and the Council have reduced the radius to two miles, and limited the information to merely the applicant's own locations. 7. Requiring a Conditional Use Permit for Building -Mounted Antennae. AT&T Wireless objected to this requirement and said that building -mounted antennae should be a permitted use for up to 15' in height. The Planning Commission and the Council have again opted to let this requirement stand. Additional Council Comments At the City Council discussion of the draft Ordinance on August 19, 1997, The Council made the following additional comments: 1. The Council requested that a minor revision be made to the draft of the Cell/PCS ordinance clarifying the height of towers and antennae. It has been the intent of all involved thus far that the calculation of the height of free-standing antennae towers for height limitation purposes include the antennae itself. In other words, if the height limit is 75', this means that the distance from the ground to the highest portion of the tower, antennae, or any other attachment thereto be no more than 75'. Per the Council's request, Staff has revised the attached draft with more explicit language to avoid any potential loopholes. Please see Sections 21.6(2)e, 21.6(3)c, and 21.6(4)d. 2. Some Council members have proposed changing the setback requirement in 21.6(4)d to read that the maximum height of the tower shall be 75' or the distance between the base of the tower and the property line minus the setback or 30. whichever is greater. 3. The Mayor felt that the maximum height of any tower should be 75', regardless of co - location. (Section 21.6(4)d.) The Mayor felt that reducing the height of towers was more important than reducing the number of towers, especially since Mendota Heights is a small City and the Mayor didn't anticipate many towers in any event. Not all Councilmembers appeared to concur. 4. The Council suggested that the City may want to offer a Cell/PCS provider an option of either providing an Abandonment bond or holding the property owner liable for a special assessment if the structure needs to be removed (Section 21.6(8)g). Public Hearing The Planning Commission held a public hearing on this draft ordinance at their regular meeting on September 23, 1997. This hearing had been advertised in advance in the Southwest Review per standard practice. Staff had also informed roughly a dozen Cellular/PCS service providers and their representatives in advance of the hearing. There were no residents of Mendota Heights present to comment on the draft ordinance, but there were three representatives of the Cell/PCS industry present. These individuals were. Brian Coyle representing Ariel Communications, Marie Grimm representing AT&T Wireless, and Julie Townshend representing US West Communications. Please see the minutes of the September 23, 1997 meeting of the Planning Commission to review the comments of these industry representatives regarding the draft ordinance. Please also see the attached written comments from Marie Grimm dated September 30, 1997. It is possible that representatives of the Cell/PCS industry will be present at the October 7, 1997 Council meeting, although Staff has not been notified to that effect. Recommendation At their regular meeting on September 23, 1997 the Planning Commission voted 4-0 (with Commissioners Friel, Duggan, and Lorberbaum absent) to recommend that the Council adopt the attached Draft Ordinance at their October 7, 1997 meeting. Action Required If the Council concurs with the Planning Commission's recommendation, the Council should pass a motion to adopt the attached Ordinance entitled AN ORDINANCE, AMENDING ORDINANCE NO. 401. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NUMBER AN ORDINANCE AMENDING ORDINANCE NO. 401 The City Council of the City of Mendota Heights does hereby ordain as follows: SECTION 1 Municipal Ordinance No. 401, commonly known as the City Zoning Ordinance, is hereby amended to include Section 21.6, which shall read as follows: 21.6 WIRELESS TELECOMMUNICATIONS ANTENNAE, FREE- STANDING ANTENNAE TOWERS AND ACCESSORY STRUCTURES Wireless telecommunication towers, antennae, and accessory structures, including but not limited to cellular and PCS technology, are a Conditional Use of all zones within the City, subject to the requirements and exceptions of this Section. 21.6(1) Purpose: To protect the public health, safety and general welfare of the community while accommodating the communication needs of residents and businesses, the Mendota Heights City Council finds that this Section is necessary to: 21.6(1)a Avoid potential damage to adjacent properties and personal injury from tower collapse through structural standards and setback requirements. 21.6(1)b Protect the aesthetic qualities of the community by requiring tower and antennae equipment to be screened from properties within viewing distance of the site and to be designed in a manner to blend in with the surroundings and compliment existing structures. 21.6(1)c Maximize the use of existing and approved free-standing antennae towers buildings, and existing light poles for new wireless telecommunication antennas 21.6(1)d Minimize the number of free-standing antennae towers needed to serve the community by utilizing co -location. 21.6(1)e Facilitate the provision of wireless telecommunication services to the residents and businesses of the City. 21.6(2) Definitions. The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise: 21.6(2)a Accessory structure. A use or structure which is subordinate to one of the following: 1.) the principal use of the land 2.) a building with antennae 3.) an antennae tower 21.6(2)b Antenna. Any structure or device used for the purpose of collecting or radiating electromagnetic waves, including but not limited to Cellular and PCS technology. 21.6(2)c Personal wireless communication services. Licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. 21.6(2)d Public Utility. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone services to the public. For this ordinance, commercial wireless telecommunication sources shall not be considered public utility uses or essential services. 21.6(2)e Tower. Any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device or similar . apparatus above grade. For height restriction purposes,. the height of the tower shall be measured from the ground to the highest portion or attachment thereof. 21.6(2)f- UBC. Uniform Building Code. Published by the International Conference of Building Officials and adopted by the State of Minnesota to provide jurisdictions with building -related standards and regulations. 21.6(2)g Unused or Obsolete Towers or Antennae. Any antennae or free-standing antennae tower shall be considered to be unused or obsolete if it is not continuously used if no use is made of it for its intended purpose for a period of six continuous months or more. 21.6(3) Building -Mounted Antennae 21.6(3)a Antennae may only be mounted on institutional buildings (churches, schools, businesses, etc.) or apartment buildings two stories or higher. Wireless telecommunications antennae are not permitted on attached or detached single-family homes. 21.6(3)b Building -mounted antennae must be flush -mounted to the sides of the building and painted the color of the building exterior unless the applicant can demonstrate to the Council that protrusion above the roof line is necessary for communications effectiveness. 21.6(3)c In no case shall building mounted antennae or any attachment thereto be allowed to protrude more than 15' above the roof line of the building. 21.6(3)d If both the applicant and the City consent to mounting the antennae on the City's water tower or other municipal building, a Developer's Agreement may be necessary at the discretion of the City in addition to a Conditional Use Permit. 21.6(4) Free -Standing Antennae Towers 21.6(4)a No free-standing antennae or antennae tower shall be allowed in any R-1, R -IA, or R-2 zones unless co -located on existing utility towers. 2146(4)b A free-standing antennae tower shall only be permitted if the applicant can demonstrate the following to the Council: 1. that a building -mounted or water tower -mounted antennae in the manner described in Section 21.6(3) will not provide sufficient communications effectiveness, and 2. that it is not possible or feasible to co -locate on an existing free- standing antennae tower or building in the vicinity of the proposed location. 21.6(4)c Free-standing antennae towers must be of a monopole -type design and painted "eggshell". 21.6(4)d All free-standing antennae towers shall be no higher than 75', as measured from the ground to the highest point of any portion of the tower, antennae, or any other component attached thereto, or the distance between the base of the antennae tower and the nearest setback line, whichever is least, unless the applicant designs the antennae tower for co -location and agrees in advance to accommodate any reasonable request for co -location from another service provider, in which case the tower shall be no higher than i 00' or the distance between the base of the antennae tower and the nearest setback line, whichever is least. 21.6(4)e All freestanding antennae towers and accessory structures must adhere to all appropriate setbacks for the given zone. 21.6(5) Aesthetics 21.6(5)a All free-standing antennae towers shall be of a monopole -type design. The use of guyed towers is prohibited. 21.6(5)b Those portions of all free-standing antennae towers and all antennas which protrude into the air shall be painted eggshell. Those portions of all antennae that are flush -mounted to the sides of buildings shall be painted to match the exterior of the building. 21.6(5)c All accessory buildings to all freestanding towers shall be screened from public view by a landscape plan according to the landscape standards of the appropriate zone and as described in Section 4.17(4) of this Zoning Ordinance subject to Council review. 21.6(5)d Advertising of any kind shall not be permitted on any free-standing antennae tower, antenna, or accessory structure. 21.6(5)e Artificial lighting of any kind shall not be permitted on any free-standing antennae tower, antenna, or accessory structure unless such lighting is required by the FCC, the FAA, or another federal or state regulatory body. If such a requirement exists, only the minimum amount of lighting required shall be allowed. 21.6(5)f Structures, functions, uses or activities that are not found by the City to be specifically necessary for the proper functioning of the antennae shall be prohibited on any antennae or tower without- express permission from the City unless the City grants a waiver to this requirement. 21.6(6) Safety 21.6(6)a For a free-standing antenna tower, the applicant must provide a report from a licensed qualified professional structural engineer certifying that the tower will meet or exceed current EIA/TIA-222-E standards including but not limited to standards for withstanding meteorological conditions such as high winds and radial ice. 21.6(6)b All antennae, free-standing antennae towers, and accessory structures shall conform to all building and electrical codes. 21.6(6)c The applicant may be required by the Council to erect a security fence around any free-standing antenna. 21.60 Accessory Structures for Antennae 21.6(7)a Accessory buildings to antennae or free-standing antennae towers must lie completely within all applicable setbacks from all property lines -and must otherwise conform to all requirements for accessory buildings within the description of the specific zone. 21.6(7)b Accessory structures and equipment buildings shall be designed to be architecturally compatible with any principal structures on the site, or in the absence of such structures, with their immediate surroundings in an aesthetically pleasing manner. Accessory structures shall be finished on all sides. The Planning Commission shall review and the Council shall approve the design of any accessory structures and equipment buildings. 21.6(8) Other 21.6(8)a Unused or obsolete free-standing antennae towers, antennae, structures or apparatus must be removed within six months of when the operation ceases. 21.6(8)b The applicant must submit proof of any applicable federal, state, or local licenses to the Council prior to receiving a building permit. 21.6(8)c The applicant must agree in writing to support, participate in and refrain from interfering with public warning systems and public safety communications. 21.6(8)d The applicant shall demonstrate by providing a coverage/interference analysis and capacity analysis, that the location and height of the -ate free- standing antennae tower or antenna as proposed is necessary to meet the communication, frequency reuse and spacing needs of the communication services system, and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the towers in a less restrictive district or on an existing structure, free-standing antennae tower or antenna including in neighboring municipalities. 21.6(8)e All new or existing telecommunications service and equipment shall meet or exceed all Federal Communications Commission (FCC) standards and regulations and shall not interfere with any other communications, computers, laboratory equipment or manufacturing equipment, including television and other home electronics. The applicant shall provide to the City a report from a qualified professional engineer guaranteeing non- interference and a copy of the FCC approval of the antennae in regards to non-interference. 21.6(8)f In the event that the FCC or other agency or other governmental body having jurisdiction requires the applicant to submit an Environmental Impact Statement or similar document, a copy of this document shall be submitted to the City. '21.6(8)g A successful applicant shall provide an Abandonment Bond to the City equal to one and a half times the current cost of removal and disposal of all antennae and accompanying apparatus as estimated by a consultant selected by the City and paid for by the applicant, which bond shall be used by the City to remove the antennae and apparatus should they become unused or obsolete and the applicant or its successors or assigns become disbarred or otherwise fail to remove said antennae and apparatus. 21.6(8)h Existing non -conforming free-standing antennae towers, antennae, or accessory structures shall be allowed to continue operation unless use of the free-standing antennae towers, antennae, or accessory structure for its intended purpose ceases for a continuous period of six months, in which case resumption of use shall require a re-application for a Conditional Use Permit. 21.6(8)i All applications for either free-standing antennae, a free-standing antennae tower, or building -mounted antennae shall be accompanied by a map of all existing towers and antennae of the same provider within a two mile radius of the proposed site and all future planned antennae of the same provider for the next five years within a two mile radius of the proposed site. 21.6(8)] All costs of an application, including but not limited to those incurred by City Staff time and resources, engineering studies by consultants, and other data as may be required by the City Staff, the Planning Commission or the City Council shall be borne in full by the applicant. 21.6(8)k The Council may at its discretion waive any or all of the requirements of this Section in order to approve a unique "stealth" or "camouflage" design of free-standing antennae or poles or building mounted antennae if in the opinion of the Council said apparatus will be sufficiently disguised as trees, light poles, church steeples, or other similar objects. 21.6(8)1 Use of mobile Cell/PCS sites or COWs (Cell Sites on Wheels), or any other temporary antennae apparatus is strictly prohibited except in the case of emergency equipment used for public safety purposes for a limited time during or in the immediate aftermath of a natural disaster or other emergency. SECTION 2 This Ordinance shall be in full force and effect from after its publication according to law. Enacted and ordained into an Ordinance this 7th day of October, 1997. ATTEST: By Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor OCT 011997 Cellular Division September 30, 1997 Mayor Charles E. Mertensotto City of Mendota Heights 2371 Rogers Mendota Heights, MN 55118 Dear Mayor Mertensotto, AT&T AT&T Wireless Services .31 2515 24th Avenue South Minneapolis, MN 55406 612 721-1660 FAX 612 721-4770 As you may be aware, you soon will be considering an ordinance for Wireless Telecommunications, which was recently heard by the Mendota Heights Planning Commission, on September 23, 1997. I believe the ordinance is scheduled for your City Council meeting on October 7, 1997._ Although there was some discussion at the Planning Commission's public hearing, it was unclear as to the process that would be used for incorporation of the public hearing comments and any subsequent changes at the City Council meeting. Therefore, enclosed are my letter and attachments.which I submitted that evening, so that you might have an opportunity to review these prior to the meeting and consider for possible amendments to the ordinance. As is indicated in staff reports and in my materials, the•wireless industry has serious concerns that the ordinance, as currently drafted, will have the effect of prohibiting services to Mendota Heights, and thus in violation of the Telecommunications Act of 1996. As you know, telecommunications issues are complex and we appreciate your willingness to wrestle with priorities in order to come up with a workable ordinance, both for the industry and the city. I was a City Councilmember for St. Paul and gained a real appreciation for what you, as representatives of the community must consider in order to create a "balance" within the bigger picture. Thank you for your consideration of these issues. I would welcome the opportunity to meet with you in person or over the phone. Please call me at 844-6694 if you have any questions or would like to talk about your concerns. Sincerely, farieK. Grimm Local Government Affairs Manager AT & T Wireless Services, Cellular Division cc: Mr. Patrick Hollister, Mendota Heights Planning Mr. Kevin Batchhelder, Mendota Heights City Administrator Mr. Peter Beck, Esq., Doherty, Rumble & Butler Recycled Paper Cellular Division September 23, 1997 Planning Commission City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55 118 Re: Wireless Telecommunications Ordinance - September 23, 1997, Public Hearing Dear Planning Commission Members: AT&T AT&T Wireless Services 2515 24th Avenue South Minneapolis, MN 55406 612 721-1660 FAX 612 721-4770 Followin; are comments from AT & T Wireless Services regarding the proposed Wireless } Telecommunications Ordinance, for the public hearing on September 23, 1997. As a provider of critical services to the metropolitan area since 1986, AT & T Wireless Services would like to bring to your attention several areas that, if enacted, will pose great problems in the future implementation of the a ordinance, not only from the perspective of the wireless carriers but for the city as well. As you- are aware, the Telecommunications Act of 1996 is clear in its intent about providing access and services to the public. We believe that the ordinance has restrictive stipulations that would prohibit the wireless communications carriers fromproviding adequate wireless communications services throughout your city and the area. First: attached for the record is a letter dated June 24, 1997, to the City of Mendota Heights, submitted on behalf of AT & T Wireless Services by Peter Beck of the law firm of Doherty, Rumble and Butler. .jA Unfortunately, it appears that few of the stated issues have been incorporated into the ordinance. Therefore, we become even more concerned about these issues, particularly as they have been considered and then disregarded, for whatever reasons. We wish to re -affirm the issues in the June 24, 1997, letter and we would like to encourage you to take another look at this letter and make modifications before final passage of the ordinance. Second: we have further comments in two areas, as follows: Section (21.6(8)1), Use of Mobile CeIVOCS sites or COWS (Cell Sites on Wheels). Although at the July 22, 1997'workshop meeting we discussed the addition of a "COW" section, we do not believe that you meant to exclude entirely the temporary use of COWS, for cases such as equipment failure or other unforeseen circumstances. Our system must be operational to serve public safety needs for police and fire, as well as your constituents. We need the ability to obtain city approval for use of a COW, for a limited period of time and according to conditions. For your information and use, attached is a copy of a section from the ordinance being drafted by the City of Lino Lakes, which states terms and conditions for the use of "Temporary Mobile Towers." 2. Section 21.6(8)g. Abandonment Bond. During the workshop session, it appeared that the intent of this section is to assure the prompt and effective removal of the tower, now and during the life of the facility, without liability and undue cost to the City. Nuisance legislation at the Statewide level, (Minnesota Statutes Chapter 429) has been given additional strength for the cities and allows for special assessment in these cases. Chapter 429 affords the cities the right to assess costs of AM �& Recycled Paper removal and disposal of abandoned properties in the same manner as a special assessment. For your information and use, attached is a copy of a section from the ordinance approved by the City of Coon Rapids on 8/19/97, which stipulates clearly the process for dealing with Abandoned, Obsolete and Unused Towers and Antennas and assessment of related costs. In each of these instances, we would invite you to speak with your colleagues in these cities if you wish to find out how they came to these stipulations. We suggest these ordinances not because they are considered to be "perfect" by the wireless industry, but rather that you might find areas of similarities and concerns with other cities in the metro area which have been dealing with these issues. In closing, we encourage you to re -visit our letter dated June 24, 1997, and to discuss the issues that still remain outstanding. We believe that passage of the current version of this ordinance will lead to non- productiye, unnecessarily complex and contentious dealings with wireless carriers that will be seeking sites in order to fulfill their obligations of their FCC licenses and serving the community. Please feel free to contact me to discuss these issues, at 844-6694. Sincerely, Marie K. Grimm ` Local Government Affairs Manager cc: Peter Beck, Esq., Doherty, Rumble & Butler 0 ► : T #-i _ Cj TOS 12:13 FAX 6124644568 CITY OF LINO LAI�� 01. b) The setback of the tower from the nearest property line is not less than the height of the antenna. Exceptions to such setback may be granted in such cases when a qualified structural engineer specifies in writing that any failure of the pole will occur within a lesser distance under all foreseeable circumstances. The setback shall �) not be reduced in cases where the subject site abuts a residential zoning district. The setback requirements o shall not be reduced below the minimum setback G �f °'? /'t''�✓ requirements of the base zoning district or the failure area of the tower, whichever is greater. C. Temporary Mobile Towers. Personal wireless service antennas located upon a temporary mobile tower used on an interim basis until a permanent site is constructed shall require the approval of an administrative permit and shall comply with the following standards: 1) Temporary mobile towers are exempt from co -location and permanent tower structure design standards provided for in the following sections: Section 3, Subd. 15.13.8; Section 3, Subd. 15.13.9; Section 3, Subd. 15.D; and Section 3, Subd. 15.E. 2) The termination date of the permit shall not exceed one .,1 hundred twenty (120) days. Temporary mobile towers located on a site longer than one hundred twenty (120) days shall require the processing of an interim use permit subject to the standards contained in Section 2, Subd. 3. of this Ordinance. 3) Guyed towers are prohibited. 4) Mobile units shall have a minimum tower design wind load of eighty (80) miles per hour, or be set back from all structures a distance equal to the height of the tower. 5) All towers shall be protected against unauthorized climbing. 6) The height of the tower shall not exceed one hundred (10C feet. I. Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas. Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards: 13 W) �!o uwt�r MA �Vlc lwzg i • r '• :� �� • be • •[+ a t. •lt• Q t[•,tt t ; rt k r :y. located uut the 1•. - lubts wigg suc1 Ji2jgiuzjj-a&cIficaIlvs . C • bv thes•� Aviation A"ZEItorLor other 1" towgr, • of and • L !• • r„r<rf .t r y • 1' Ol++.yl 1+j 1" control of 1. 11 e1 ! • !•••1 5imi5. The n=g•1+ e gnpnMai+1+1 1"_t1 �a • 1 • !g 1• rS • • •,Iv disiflaved at eggh c! 1• • 2n p5igg a 5igg apt Im 1.1 1rs.- ingbe.- av five no • 1 1 1 size. f_qr Ogh, removed(a) Towe-s and all accessory strucrures and equipment including any fencing. �hall be kept in good repair and shall be repainted as re---zonablv necessga. Graffiti- shall be ••n notification bv the Director• •. • .• y •r. accordance with a schedule provided or approved by the Director. (c) All property under the control of a Provider shall be maintained Liuith °round cover approved by the Director and shall be regal- ari mowed and kept as weed free as reasonabiv D0� ' (d) Proyertti• under the control of a Provider shall not be used for the storage of equipment or other items not reasonably necessary foc the operation of the Provider's ser<.•tces. 1--,-L'-09 .abandoned, Obsolete, and Unused Towers and -kntennas. A Provider shall provide written notice to rhe City of the discontinuation of the use of all or anv skma incant cart of any tower. .-abandoned and unused towers shall be removed as follows: ( 1) All abandoned or unused towers and facilities shall be removed from the site within l? months of cessation of operations unless a time extension is approved by the permit issuer. In the event that a tower is not removed within 12 months of the cessation of operar_'ons, the. tower and related facilities may be removed by the City and the cons of removal assessed aoainst the property in the same manner as a special assessment. i21 .-env unused portions of a tower above a manufactured connection shall be removed within 12 months of cessation of use and may not be reniaced without the issuance of a new permit. (;).Anv equipment and other materials removed by the City pursuant to this Section may be disposed of by the City in the -manner of abandoned oroperties. Anv costs of such disposal incurred by the Citi- will be assessed against the oropem• in the same manner as a special assessment. 4-r Sent by: DRB 6123405584; 09/23/97 4:OOPM;,JetraX #451 ;Page 2/8 DTO��IF-I(-ER�••17 .. I.1 Ill. •,ln ..l I..:.. • 11 •..I .•. •: 1. I.11 ' .I.I:1 1:1 .. _..• I.'"i ;:.,I:M• •. .. .::1.:1,• II1..;L l:l, ..• •1 I.•.l, •II...I .I . I ....•:� :It.li�.. t_.�t.._t':,1..,ILI•rt,'1 RUMBLE :1 Illw . 1w, • \1111 w ..1.1 '• .•i . . : 1 : ' 1 I 1 1•w•'I �.I� ? t I1:i.:,t:tlt. I1 : �XII� I �'ll.'1 :, I I::1 r 1.111 t�I il.' .�_ i RT RT T1 R L,•! ai =1'1 II• 1• .. II. ,l ..• Irll ..ln.n: I:'U.l ::I�._ �•I 7..e.l. ..rr• La!]i �;�.n)'•I T— VL. L V � s�a�1\ .Iltl• dl i'•%i \'\ II 'll :.L 1.10-11 'P!. ail h:. •\ I ql:, i1?. )(1,: :\Ilunll•T•. JI 1 �N .:I I ;••1,Il.au.. ,. 340-5588 K.I.N 61I :, I..•:•a�•.t;..11lpi June 24, 1997 Planning Commission City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Proposed Ceilular/PCS Ordinance Dear Planning Commission Members: This letter is to present the comments of AT&T Wireless Services (AT&T) on the proposed Cellular/PCS Ordinance which the Planning Commission will consider at its meeting tonight. We had hoped to be able to attend the Planning Commission meeting to present these comments and discuss these issues with you. However, we will not be able to do so due to similar meetings in the Cities of Shoreview, Coon Rapids and Eagan. We will make every effort to attend future meetings of the Planning Commission, if any, on this subject; and would be very happy to sit down with your staff to review is detail the issues discussed in this letter. AT&T is one of two carriers licensed by the Federal Communications Commission (FCC) to provide cellular -telephone service to the Minneapolis/St. Paul Metropolitan Area. This license was issued in 1982, and AT&T and its predecessors have been providing cellular telephone service to the Twin Cities since 1984. AT&T's existing cellular telephone system incorporates nearly 100 individual antenna locations, or "cell sites", in the Metropolitan Area. In the course of establishing and developing a cellular telephone system in the Twin Cities AT&T has worked with many municipalities throughout the metropolitan area on specific cell sites and on telecommunications ordinances. In the past 12 months alone we have worked with several dozen metropolitan area cities which have adopted or are considering the adoption of telecommunications ordinances similar to the proposed Mendota Heights Cellular/PCS Ordinance. The comments contained in this letter are based on the needs of the wireless communications industry as it implements this technology, and on our experience working with other municipalities which have addressed these issues. We have three major concerns about the draft ordinance, and a number of comments on specific issues. Our three major concerns are: 1. The ordinance apparently requires conditional use permits for building -mounted antennas; Sent by: ORB 6123405584; 09/23/97 4:01PM;,Je#FaX #451;Page 3/8 DOII,RTY RUMBLE BLT= Planning Commission City of Mendota Heights June 24, 1997 Page 2 2. The ordinance appears to prohibit monopoles even on large institutional sites in the R-1, R -IA and R-2 zoning districts; and 3. The 75 -foot height limit on monopole installations. Virtually esrery city we have worked with has made building -mounted antennas: up to a certain height (typically 15 feet), a permitted use subject to compliance with specific performance standards. The primary purpose for allowing building -mounted antennas as a permitted use is to encourage the wireless providers to locate on existing structures whenever possible. In other words, as an incentive to locate on existing structures rather than to propose new structures. The wireless communication providers are in an extremely competitive business. The opportunity to save several months of local government review by finding a location on an existing structure, rather than proposing a new monopolep,is an incentive which providers will take advantage whenever possible. We suggest that this would be an appropriate approach for Mendota Heights. We would be happy to provide examples of the performance standards incorporated into other ordinances which have adopted this approach. The prohibition on freestanding antennae in the R-1, R1 A and R-2 zones is our greatest concern with the proposed ordinance. Just looking at the City's zoning ordinance, it appears that approximately two-thirds to three-fourths of the land area of the City is contained in these zones, including most of the frontagp along Interstate Highways 494 and 35E. As the wireless communication systems now being implemented mature, and additional cell sites are necessary to provide sufficient capacity so that all citizens have access to this technology, it will not be possible to provide adequate capacity throughout the City, particularly in the freeway corridors, without access to appropriate sites in the R-1, R- IA and R-2 zones. This is an issue which every city contemplating the adoption of a wireless convnunications ordinance must address. In virtually every other city the solution has been to allow freestanding antennae on large, institutional sites. Mendota Heights has many such sites where a freestanding antenna would be appropriate, including a number of large school and- church sites, golf courses, parks and cemeteries. Several of these sites also happen to be adjacent to or in close proximity to freeway corridors. Following the precedent -set in other communities by allowing freestanding antennas on large institutional sites would help provide the industry with the flexibility it needs to ensure that the citizens of Mendota -Heights have access to adequate wireless communication services. Our third major concern is the 75 -foot height limit on freestanding antennas. Seventy-five feet is the minimum height necessary for wireless antennas to see over the trees and be effective. Limiting antenna height to 75 feet will mean that every freestanding pole in the City will be a single user pole because, absent unique circumstances, none of the providers can go below tree level. Seventy-five BccU 521734.1 Sent by: DRB 6123405584; 09/23/97 4:02PM;Jetrax #451 ;Page 4/8 DOF ERTY RUMBLE & BUTLER rico• � •.. � �•, ,. �.•.� •� �� �•. Planning Commission City of Mendota Heights June 24, 1997 Page 3 feet is also a problem because it is simply not high enough to achieve sufficient coverage in a low- density suburban community such as Mendota Heights. Mendota Heights has significant topographical features. In order- for wireless antennas to see over the hills and into the valleys and freeway trenches in Mendota Heights it will be necessary to go to higher heights than 75 feet. Marry communities have gone to maximum heights of approximately 100 feet in residential areas and 150 to 175 feet in industrial areas, coupled with a 25 foot height premium if the pole is designed to accommodate a second user. We suggest that the Plannling Commission consider this approach to ensure that the community can be provided with adequate coverage and that provision is made for multiple user poles to reduce the number of antenna poles ultimately needed. In addition to the general comments set forth above, we have the following specific comments on the proposed ordinance: Section 2I.6(3)a. We assume that the term "institutional buildings" includes office and industrial buildings, and suggest that this be made clear. An alternative approach would be to eliminate the first sentence of this section, if the intent of this section is to provide that antennas not be mounted on single family homes. 2. Section 21.6(3)b. This section appears as though it would not allow roof -mounted antennas. If qs is the case, we suggest that the Planning Commission revise this section to allow roof - mounted antennas. Virtually every community in which we have worked has allowed roof - mounted antennas as a permitted use, in order to encourage this solution over the installation of freestanding antennas. Restricting building -mounted antennas to flush mounted antennas would be contrary to the goal of reducing the number of freestanding antennas, because in many instances it will be not be possible to do a flush -mounted antenna on a building which could accommodate a roof -mounted antenna. Situations where this would arise would include those where additional height is necessary and those where, due to the construction of the building or the desires of the building owner, a flush -mounted antenna is simply not feasible. We suggest that the ordinance provide the flexibility to do either flush -mounted or roof -mounted antennas, with perhaps a preference stated for the flush -mounted when feasible. 3. Section 21.6(3)c. In most instances a building -mounted antenna will not protrude more than 15 feet above the roof line of a building. However, in some circumstances additional height will be necessary and will be a better solution than a freestanding antenna. We suggest that if the ordinance is revised to allow building -mounted antennas as a permitted use, only building -mounted antennas which are 15 feet or less be permitted and a conditional use permit be required to go higher than 15 feet above the roof line of the building. BecicP 521734.1 ant by: DRB 6123405584-; 09/23/97 4:02PM;Jetrax #451 ;Page 5/u DOHERTY RUMBLE BLTILER Planning Commission City of Mendota Heights June 24, 1997 Page 4 4. Section 21.6(4)x. As noted above, this prohibition on freestanding antennas causes us great concern. We suggest that this section be revised to read as follows: "Freestanding antennae in the R-1, R -IA and R-2 zones shall be limited to institutional sites such as churches, schools, golf courses, parks, and cemeteries." -: 5. Section 21.6(4)d. As noted above, the 75 -foot height limit contained in this section would be a major impediment both to providing adequate wireless communication services and to providing for the collocation of multiple providers on a single freestanding facility. We are also- concerned about the setback requirement contained in this section. The language appears to require that freestanding antenna poles be set back a considerable distance from property lines. In most instances such a requirement will lead to an undesirable design solution. Very. often the best location for a freestanding pole is tucked back into the corner of an industrial. or institutional property, rather than in the middle of a parking lot or adjacent to a building. The monopole type construction required by the ordinance is an extremely safe structure, safer than virtually any other structure m the City. There is no need to set a monopole back from property lines as a safety issue. We suggest that the setback language in this section therefore be removed, and that antenna poles and accessory structures comply with the appropriate setbacks for accessory structures in a given a zone, as required by Section 21.6(4)f. 6. Section 21.6(5)a. This should be stricken as duplicative of Section 21.6(4)c 7. Section 21.6(5)c. We suggest the language of this section be revised to reflect what we believe to be the intent, that the base of the freestanding towers be.screened from public view. 8. Section 21.6(5)f. We are not sure what the intent of this section is, and need some clarification from staff as to what concern is being addressed here. _ 9. Section 21.6(7)b. We suggest that the second sentence of this section be revised to read as follows: "Accessory structures shall be finished- on all sides visible from off the property. 12 :NIanytimes an accessory structure will be pushed up against an existing building or land form. BeW 511734.1 Sent by: DRB 6123405584; 09/23/97 4:03PM;Jetrax #451 ;Page 6/8 DOHERTY RUMBLE & BLT= Planning Commission ' - City of Mendota Heights June 24, 1997 Page 5 10. Section 21.6(8)a. Requiring the removal of unused facilities eliminates the potential- antenna site for a future user. We think it would be better policy to allow,the facility to -remain in its current location in the event another user can use it later. If the City is to include a removal requirement, the standard used by almost all cities is 12 months, rather than 6 months. 11. Section 21.6(8)c, d and e. These sections all relate, in one way or another, to the use by the wireless providers of their federally licensed radio frequency spectrum. This is an area in which the federal government, through the FCC, has exclusive jurisdiction. The wireless communications providers impacted by the proposed ordinance have all been licensed by the FCC to use certain frequencies within the radio spectrum. All aspects of their use of their licensed frequencies are matters within the exclusive jurisdiction of the federal government and the FCC. We can provide the specific sections of the Federal Communications Act to the City Attorney, if necessary, to confirm the FCC's exclusive jurisdiction over these issues. To the extent these sections are consistent with federal law, we have no objection to them. To the extent they go beyond federal law, they should be stricken. We suggest that Section 21.6(8)c be rewritten as follows: "The applicant must refrain from interfering with public warning systems and public safety communications." They frequencies assigned to the wireless providers, the design of their systems, and the requirements of their federal licenses all provide that there will be no interference with public safety communications, and we have no problem with the requirement that we not so interfere. However, only the FCC can require a wireless provider to "support" or "participate" in public warning systems or public safety communications. With respect to Section 21.6(8)d, to the extent this section applies only to freestanding facilities, we have no objection. In most instances, as the Planning Commission knows, we will provide the City with information regarding our need for a freestanding pole. However, it should not be necessary to require proof as to the necessity of building -mounted antennas. Therefore, we suggest that the words "or antenna" be stricken from the third line of this section. With respect to Section 21.6(3)e, the requirement contained in the second sentence of this section is beyond the scope of the City's land use regulatory authority and should be stricken. Among other problems with this sentence, the FCC grants no approval of specific antenna or cell sites. Furthermore, the providers FCC licenses and the design of their systems provide for noninterference with other communications and consumer electronics equipment. There B=U 321734.1 Sent by: ORB 6123405584; 09/23/97 4:04PM;Jetf X #451;Page 7/8 L O 1.I=',R 1 1 RUMBLE BV 1 L E R Planning Commission City of Mendota Heights June 24, 1997 Page 6 is no need for a separate report addressing these issues for each cell site, nor can -the City enter into this area of FCC jurisdiction. 12. Section 21.6(8)g. We see. no basis for the requirement of an "Abandonment Bond". The facilities which these providers will be installing are extremely expensive. The likelihood of the equipment and facilities being abandoned is virtually nonexistent, certainly no more so than any other building or structure in the City. More importantly, these are not temporary facilities. The typical cell site lease is for 20 years, often with options to extend. Most cities have no mechanisms in place for holding a bond for 20 years or more. Finally, the City has ample remedies available to it under Minnesota law if it determines that removal of an abandoned facility is necessary. Many other cities have incorporated these remedies, which authorize the city to remove the facility and assess the property for the costs thereo4 into their wireless communication ordinances. 13. Section 21.6(8)h. As mentioned above, we suggest that the six months be changed to 12 months. 14. Section 21.6(8)i. We do not understand the intent of this section. The requirements contained herein seem to go far beyond any purpose related to the issuance of a building permit or conditional use permit for a wireless communications facility. As written this section requires wireless providers to submit, with every application for �#r y antenna, incruding a building -mounted antenna: a map of all existing towers and antennae ours and all other providers, within a five mile radius of the proposed site; a map of all future planned antennae ours and all other providers for the next five years within a five mile radius. The problems with these requirements are many, including: a. We do not have a five-year plan and do not know where we will be putting antennas of our awn any further out than 12-18 months, let alone where our competitors will be putting antennas. BackP 521734.1 lent by: ORB 6123405584; DOHERTY RUMBLE & BUTLER 09/23/97 4:04PM;,Jetf{X #451 ;Page 8/8 Planning Commission City of Mendota Heights June 24, 1997 Page 7 b. Five miles has no relationship to any dimension relevant to the location of wireless communication facilities. Most of the wireless communication providers are presently installing new facilities at roughly one to two mile intervals in suburban areas like Mendota Heights. The "search area" for these facilities (the area in which the new facility must be located) is typically anywhere from several blocks to a quarter mile in diameter. The location of e)dsting facilities outside of the search area, let alone five miles away, has no relationship whatsoever to a decision as to the best location for a new facility within the search area. C. Finally, although we are generally aware of where our competitors have existing freestanding facilities, we do not keep track of our competitors building -mounted antennae. If the purpose of this section is to determine whether there is an existing freestanding facility which could accommodate the proposed new antennas, this issue is covered by Section 21.6(4)b of the ordinance. We suggest that Section 21.6(8)i be stricken, unless there - is some reason we are not aware of *Iiiy this information would be necessary or relevant to the City's determination of whether a proposed antenna site is an appropriate land use. We appreciate the opportunity to comment on this ordinance and apologize once again for being unable to attend the Planning Commission's meeting tonight. We have found in the 30 to 40 communities in which we have been participating in the development of wireless communication ordinances that meetings between the industry and staff have been very productive in eliminating technical issues so that planning commissions and city councils can focus on policy issues. Once again, we would be happy to participate in such an effort with the City of Mendota Heights staff if the City determines that this would be helpful or appropriate. Very truly ours, J ' Peter K. Beck PKB/e.1ca cc: Ron Mielke Marie Grimm BCCILP 321734.1 October 7, 1997 To: Mayor and City Council From: Kevin Batchelder, City Ad4Z-47tCra-tor Subject::-- Environmental Assessment of Proposed 1,000 ft. Extension of Runway 4/22 Late Friday we received a notice from Ms. Kimberly Hughes, of HNTB consultants, notifying the City of a comment period for the preparation of an Environmental Assessment for the proposed extension of Runway 4/22. This comment period is open until October 20, 1997 and tonight is City Council's only opportunity to review this document prior to the deadline. (Please see attached letter dated October 2, 1997 and the proposal.) An Environmental Assessment is prepared to determine if an Environmental Impact Statement (EIS) is necessary, or if there is a Finding of No Significant Impact (FONSI). There are a number of issues that Mendota Heights may want to comment on, including: 1. Increase in Hjubbing Operations - City Council has expressed a concern in the past about the amount of MSP traffic that is related to hub operations, as opposed to traffic that serves the Minnesota market. 2. Redishibution-of Aircraft Traffic on Runway 4/22 - The redistribution of aircraft traffic on Runway 4/22 has not occurred, as planned, due to litigation by the City of Richfield. The proposal refers to this as the No Action Alternative. (Please see section entitled Related Airport Development.) 3. Increase in international F-Ughts - Table 2 graphically illustrates the projected increase in international flights to the year 2020. Traffic would be routed into MSP and then direct flights to international locations would occur. 4. ItQiect Alternatives - One project alternative includes lengthening Runway 12L/30R, the existing northern parallel runway. The adverse impact in Mendota Heigths of adding international flights to this runway alternative should be studied. 5. Environmental Analysis - The proposal states that the greatest effort will be devoted to noise, construction and cumulative impacts. Mendota Heights may want to comment on the construction improvements planned for Runway 12R/30L and the cumulative impact of adding this capacity to MSP. Staff and the Airport Relations Commission have not had an opportunity to study this matter for recommendation to City Council. Our comments must be submitted prior to the next City Council meeting on October 21, 1997. If the Council so desires, they should direct staff to prepare written comments for review by the Mayor and Councilmember Smith for submittal. r. 10 k ARCHITECTS ENGINEERS PLANNERS October 2, 1997 Honorable Charles E. Mertensotto Mayor City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Honorable Mertensotto: 99 (.'anal Gutter Placa Alexandria. 17rghtla - 311-15-3Y (711,3) 68-1-1-011 1`AX f NO 5.181959.3 In accordance with the National Environmental Policy Act of 1969, C.E.Q. implementing regulations and Federal Aviation Administration directives, an Environmental- Assessment of a Proposed 1,000' extension of Runway 4-22 at Minneapolis Saint Paul International Airport is being prepared on behalf of the Metropolitan • Airports Commission. Attached is a description of the proposed project which includes purpose and need, potential alternatives and environmental impact categories to be analyzed. If you have comments which should be considered in the preparation of this environmental assessment, please communicate them in writing to Kimberly C. Hughes, P.E. at the offices of HNTB Corporation at the address listed below. We would appreciate a response no later than October 20, 1997. Very truly yours, HNTB CORPORATION Kimberly C. Hugh , P.E. Environmental Aviation Planner HNTB Corporation 99 Canal Center Plaza, Suite 100 Alexandria, VA 22314-1538 - KCH/wab-b Attachment cc: Nigel Finney, MAC Gary Warren, MAC The 1/N'/'ll (,'nnlpa nits OFFICES ALLCV,01(IA, \'A, .1'I'I.ANTA. UA. AI'sns 'I-,, BATON I(OI'GIi L.\ !IO+'i0�, Ald; CII.\i(LI:STON U% (.11WWO. IL Cqi D\IA.A,, 'I'R, DI'\\!'R. co. w,riit)IT. \It IAIRPII LD. Nl: IT :NOW111. TX. IiAil'!i'ORD. C.T. HOUSTON 'rx. i%!)IANAI"rib. !N. 1R\'INII, G\, KA%�A\ (,!;1. %01. 1 U. LAti LG.\�. N\ I.O, :\\GOI! � C .\, !UI MIAMI. H.. ',)I L0.!U'K I:,i WI. JIlVSI!A PO!!S, ;.I� .CA}II\';L1.;: 'h, vciv )OR:i. ♦F, OA KLA W, (:.). UK LAW)MA CHI, uh, Oltl..\.,\i;U H., 0:LRI01) 1'\Rn, K\ 1'n01'VY, PLYMOU!1I AfliMISG, IL\; POR'I'LA\D, Ml:, HALF1611. \C, ROCKI.ASD t:0k*.XT', NY SAN ANTUNIO, '1'Y, Jtr\lTl :`. WA. T\All'A, 1 L. T1 ISA. 0K, \\'1011'1'.\, K\ Proposed 1,000' Extension of Runway 4-22 at Minneapolis Saint Paul International Airport Purpose and Need for the Action The purpose of the proposed action is to permit non-stop air service between the Twin Cities metropolitan area and Hong Kong. The normalization of commerce between the United States and the nations of Russia and China opens potential new routes for air transportation between North America and destinations on the Pacific rim. Minneapolis - St. Paul International Airport (MSP) in the north central United States is strategically located on the great circle route between Hong Kong and the United States and forms the hub of an efficient network of connecting routes serving the central and eastern United States. Direct service from MSP would provide the shortest possible service between Hong Kong and the eastern half of the United States. The Role of MSP MSP serves the air transportation needs of the Minneapolis * - St. Paul (Twin Cities) metropolitan area and much of the Upper Midwest. In addition, MSP serves as major connecting hub for Northwest Airlines (NWA). Connecting hub airports bring flights to and from many cities together at one time. This service pattern allows passengers to connect with flights to many cities, permitting more service than could be supported by the volume of traffic between any two cities. As a connecting hub airport, MSP serves a much larger area than the Twin Cities or Upper Midwest. This expanded service area increases the feasibility of international service at MSP, providing "feeder routes" to support long distances international service. In addition, MSP is well located geographically to support direct, non-stop service to Hong Kong using newly accessible airspace over Russia and China. MSP is a major component of the Twin Cities' regional economy. The presence of NWA as a connecting hub airline at MSP increases the frequency of direct service to individual cities, thus decreasing travel time and increasing convenience. This convenience of travel, an important consideration in business location decision, enhances the competitive position of the Twin Cities. In addition, NWA and associated industries further benefit the economy of the Twin Cities through employment and purchases. The 1995 study, The Local and Regional Economic Minneapolis - St. Paul International Airport, indicated that MSP directly generated 24,500 jobs and $880 million in annual household income. These direct effects resulted in $715 million of additional consumption and employment of an additional 13,000 people. The proposed new service from the Twin Cities to Hong Kong would enhance the role of MSP as a major connecting hub airport. Airport Description As shown in Figure 1, MSP has two parallel runways, Runways 12R -30L and 12L -30R, and one crosswind runway, Runway 4-22. Table 1 summarizes runway lengths, installed navigational aids (NAVAIDS), and other relevant information. Table 1 Existing MSP Runways Runway Length (ft) NAVAIDS Comments 4-22 11,006 ILS, MASLR, Limited overall use. Primarily PAPI on each used for landings from the runway end southwest and for departures to the southwest. 12R -30L 10,000 12R - ILS, Used for landings and MALSR, PAPI departures. This runway will 30L - ILS, CAT require rehabilitation in the near II, ALS, PAPI future. 12L -30R 8,200 12L - ILS, PAPI, Used for landings and MALSR departures. 30R - ILS, MM, REIL, PAPI Related Airport Development Related airport development at MSP includes the recent extension of Runway 4-22 to its current length, and proposed development of a new runway (Runway 17-35)..- The environmental analysis required for Runway 17-35 was completed in the Dual Track Planning Process Final Environmental Impact Statement. Figure 2 shows the development of Runway 17-35 as proposed in the Dual Track Planning Process and the recent extension of Runway 4-22. The development of Runway 17-35 will be considered as a cumulative impact. The recent extension of Runway 4-22 to its present length of 11,006 feet was the subject of an Environmental Impact Statement (EIS) completed in July, 1994. The purpose of this earlier project was to increase operational flexibility at MSP and permit redistribution of air traffic for noise considerations. The Federal Aviation Administration (FAA) Record of Decision (ROD) addressed each of these purposes individually. At present, the redistribution of aircraft activity has not been implemented pending litigation filed by the City of Richfield. The current use of the previous extension will be addressed in this EA as the No Action Alternative. Aviation Activity Forecasts International passenger traffic has been one of the fastest growing aviation activity categories at MSP, growing from 28,731 enplanements in 1980 to 276,575 enplanements by 1996, an average annual increase of 15.2 percent. Until recently, international air services were concentrated at relatively few U.S. gateways, however, within the past fifteen years, deregulation, open skies agreements, technological advances in aircraft, increased international commercial and tourism ties, and a more liberal trade environment have enabled a growing number of U.S. cities to become non-stop gateways. MSP has shared in these changes and now has non-stop service to Tokyo, Osaka, London and Amsterdam as well as a number of cities in Canada. As part of the Long -Term Comprehensive Plan, an international market analysis was conducted which evaluated the feasibility of non-stop service to MSP to a number of international destinations. The study evaluated both the potential for Minneapolis -Saint Paul originations and the potential for additional traffic from MSP feeder routes. The analysis determined that in addition to the existing markets, Frankfurt, Paris, Seoul and Hong Kong were also viable candidates for non-stop service. In the case of Hong Kong, the analysis determined that Minneapolis -St. Paul originations would account for only 16 percent of total enplanements. The proposed new service would therefore serve passengers throughout the Great Lakes region and Eastern United States with one-stop service. The LTCP provided a variety of activity scenarios reflecting the vagaries of the economy and the aviation industry. The international passenger scenario that most closely tracks current activity is the potential international market scenario which assumes that all the markets identified in the LTCP analysis would be developed (see Table 2). The scenario best reflects the ongoing development of `open skies' agreements, and Northwest's aggressive stance towards the development of international air service. This scenario has also been incorporated in the High "Combination 2" forecast currently being used for genefal airport planning. Table 2 Minneapolis -Saint Paul International Airport Full Potential International Market Scenario Year I Passenger Enplanements I Aircraft 1991 (actual) 124,125 539 1996 (actual) 276,575 1,128 2000 567,000 2,700 2005 805,000 3,700 2010 1,044,000 4,900 2015 1,337,000 6,100 2020 1,630,000 7,500 Sources: Long -Term Comprehensive Plan, Volume 6: Revised Activity Forecasts Technical Appendix, Tablet -2, Metro Airports Commission 1996 YT- D and HNTB analysis. Description of the Problem As noted above, MSP is geographically positioned to support direct commercial air service from the central and eastern U.S. to Hong Kong. MSP - Hong Kong service would constitute the shortest route available for much of this area. In order to support this route on a year round basis, MSP must accommodate Boeing 747-400 series aircraft departing at nearly full loads. The current maximum runway length at MSP is not adequate to support such service during the summer months. Runway Length Required for Hong Kong Service Consultation with NWA indicates that the airline would require a runway length of 12,000 feet to provide non-stop service to Hong Kong. NWA calculations show that they would be able to operate the Boeing 747-400 aircraft at maximum gross weight at temperatures up to 90 degrees Fahrenheit. 'At MSP, the average high temperature in the hottest month is 83 degrees. Project Alternatives Analysis of alternatives is the key to the NEPA process. NEPA analysis must consider reasonable alternatives to the proposed action which would minimize adverse impacts. Accordingly, the number of alternatives to be considered will be influenced by the degree of potential impact as well as the stated project purpose. The consultant will list potential alternatives based on preliminary planning studies conducted to date. The proposed extension of Runway 4-22 to a length of 12,000 feet will be defined as the minimum length meeting the purpose and need for the proposed action. Accordingly, shorter runway lengths will not be considered. It is anticipated that the following alternatives will be considered: • Extend Runway 4-22 to the southwest. • Extend Runway 4-22 to the northeast. • Extend Runway 4-22 in both directions. • Extend Runway 4-22 in both directions using declared distances to provide additional start of roll distance for opposite direction departures. • Extend Runway 12R -30L in either direction. • Extend Runway 12L -30R in either direction. • No Action. Figure 3 illustrates the potential alternatives to be analyzed. Runway Extension Alternatives I Extend Runway 4-22 to the southwest 5 Extend Runway 12R -30L In tither direction. 2 Extend Runway 4-22 to the northeast. 6 Extend Runway 12L -30R In eifflw direction. + a m.� Existing Runway 3 Extend Runway 4-22 in both directions. 4 Extend Runway 4-22 In both directions IIIIHINIM Potential IFJ with dedared datancan. Figure 3 .r. � r � i I Extend Runway 4-22 to the southwest 5 Extend Runway 12R -30L In tither direction. 2 Extend Runway 4-22 to the northeast. 6 Extend Runway 12L -30R In eifflw direction. + a m.� Existing Runway 3 Extend Runway 4-22 in both directions. 4 Extend Runway 4-22 In both directions IIIIHINIM Potential IFJ with dedared datancan. Figure 3 Environmental Analysis The Environmental Assessment will assess the environmental consequences of the proposed action and the practicable alternatives. All categories of impacts will be analyzed according to the criteria included in Order 5050.4A, Paragraphs 47e and 85a through t. Impact analyses will be conducted for the first full year after implementation of the project (approximately the year 2001). Impact analysis will be completed for the following categories: • Noise • Compatible Land Use • Social/Induced Socioeconomic • Air Quality • Water Quality • Historic/Archaeological/Cultural Resource/DOT Section 4(f) • Biotic Communities • Endangered and Threatened Species • Wetlands • Energy/Natural resources • Light Emissions - • Solid Waste • Construction • Environmental Justice • Flood plains • Farmland • Design, Art and Architectural and Visual Impacts • Cumulative Impacts for the Proposed Alternative It is anticipated that the greatest effort will be devoted to noise, construction and cumulative impacts. The temporary extension to 12R -30L will be analyzed within the construction impact category. The analysis of cumulative impacts will address recent airfield development projects as well as the reasonable foreseeable projects identified in . the Dual Track planning process.