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1991-05-07 Council Packet
CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA MAY 7, 1991 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of April 16th Minutes and April 24th Adjourned Special Meeting Minutes. 5. Consent Calendar a. Acknowledgment of the April 23rd Planning Commission Minutes. b. Acknowledgment of the April Building Activity Report. c. Approval to Advertise for Bids for the 1991 Seal Coat Contract. d. Approval of the Final Plat for AGC Addition - RESOLUTION NO. 91-19 e. Approval of Amendments to the Solicitor's Ordinance - ORDINANCE NO. 275 f. Approval of a Sign Permit for 3M Company - 2455 Lexington Avenue g. Approval of a Wetlands Permit for Fence and Deck Construction at 1859 Warrior Drive (CASE NO. 91-11: Wildenauer). h. Approval of a Wetlands Permit for Deck Construction at 625 Hampshire Drive (CASE NO. 91-10: Smith). i. Approval of the List of 3.2 Non -Intoxicating Malt Liquor Licenses (On and Off Sale). j. Approval of the List of Contractors. k. Approval of the List of Claims. End of Consent Calendar 6. Public Comments 7. Award a. Acknowledge Award from Dakota County Recognizing Recycling Accomplishments for 1990. 8. Bid Award a. Mendota Woods Bid Award - Final Plat RESOLUTION NO. 91-20 - Bid Award RESOLUTION NO. 91-21 9. Hearings a. Furlong Addition and Adjacent Areas - 8:00 P.M. a. Assessment - RESOLUTION NO. 91-22 b. Bid Award - RESOLUTION NO. 91-23 c. Furlong Assessment Abatement Policy and Procedures Guide b. CASE NO. 91-07: U.S. West - CUP for Antenna - 8:00 P.M. (Continued Hearing from April 2, 1991) - RESOLUTION NO. 91-24 c. CASE NO. 91-08: Mueller - CUP - 8:15 P.M. - RESOLUTION NO. 91-25 d. CASE NO. 91-09: HNTB - CUP for Noise Monitors - 8:30 P.M. (Recommend continuing to June 4,#1991, at 8:00 P.M.) 10. Unfinished and New Business a. Presentation on Mendota Interchange Project. b. Discussion on St. Peter's Church Utility Connection Project. c. Adoption of 1991 City Goals. 11. Council Comments 12. Adjourn to Closed Session to Discuss Litigation Matters - Centex Real Estate Corporation CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNEOSTA AGENDA MAY 7, 1991 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of April 16th Minutes and April 24th Adjourned Special Meeting Minutes. 5. Consent Calendar a. Acknowledgment of the April 23rd Planning Commission Minutes. b. Acknowledgment of the April Building Activity Report. c. Approval to Advertise for Bids for the 1991 Seal Coat Contract. d. Approval of the Final Plat for AGC Addition - RESOLUTION NO. 91-19 e. Approval of Amendments to the Solicitor's Ordinance - ORDINANCE NO. 275 f. Approval of a Sign Permit for 3M Company - 2455 Lexington Avenue g. Approval of a Wetlands Permit for Fence and Deck Construction at 1859 Warrior Drive (CASE NO. 91-11: Wildenauer). h. Approval of a Wetlands Permit for Deck Construction at 625 Hampshire Drive (CASE NO. 91-10: Smith). i. Approval of the List of 3.2 Non -Intoxicating Malt Liquor Licenses (On and Off Sale). j. Approval of the List of Contractors. k. Approval of the List of Claims. End of Consent Calendar 6. Public Comments 7. Award a. Recycling Award 8. Bid Award a. Mendota Woods Bid Award - Final Plat RESOLUTION NO. 91-20 - Bid Award RESOLUTION NO. 91-21 9. Hearings a. Furlong Addition and Adjacent Areas - 8:00 P.M. a. Assessment - RESOLUTION NO. 91-22 b. Bid Award - RESOLUTION NO. 91-23 c. Furlong Assessment Abatement Policy and Procedures Guide b. CASE NO. 91-07: U.S. West - CUP for Antenna - 8:00 P.M. (Continued Hearing from April 2, 1991) - RESOLUTION NO. 91-24 c. CASE NO. 91-08: Mueller - CUP - 8:15 P.M. - RESOLUTION NO. 91-25 d. CASE NO. 91-09: HNTB - CUP for Noise Monitors - 8:30 P.M. (Recommend continuing to June 4, 1991, at 8:00 P.M.) 10. Unfinished and New Business a. Presentation on Mendota Interchange Project. b. Discussion on St. Peter's Church Utility Connection Project. c. Adoption of 1991 City Goals. 11. Council Comments 12. Adjourn Page No. 2978 April 16, 1991 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 16, 1991 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Acting Mayor Blesener called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Blesener, Councilmembers Koch and Smith. Mayor Mertensotto had notified the Council that he would be absent. AGENDA ADOPTION Ayes: 3 Nays: 0 APPROVAL OF MINUTES Ayes: 3 Nays: 0 Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. r Councilmember Smith moved approval of the minutes of the April 2nd regular meeting. Councilmember Koch seconded the motion. Councilmember Smith moved approval of the minutes of the April 9th annual Board of Review meeting. Councilmember Koch seconded the motion. Councilmember Smith moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the April 9th Parks and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for March. c. Adoption of Resolution No. 91-15, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON Page No. 2979 April 16, 1991 HEIGHTS APARTMENTS PROJECT) SERIES 1991A (THE "BONDS"), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE, A LOAN AGREEMENT, A REMARKETING AGREEMENT, A REGULATORY AGREEMENT AND A BOND PURCHASE AGREEMENT; APPROVING THE USE OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT; APPROVING THE FORM OF AN AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS," in an aggregate principal amount not to exceed $9,130,000, and Resolution No. 91-16, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) SERIES 1991B (THE "BONDS"), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE, A LOAN AGREEMENT, A REMARKETING` AGREEMENT, A REGULATORY AGREEMENT AND A BOND PURCHASE AGREEMENT; APPROVING THE USE OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT; APPROVING THE FORM OF AN AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS," in an aggregate principal amount not to exceed $1,870,000. d. Authorization of the issuance of a purchase order for an asphalt hot box for the Road and Bridge Department to LaHass for its bid of $3,895.00. e. Adoption of Resolution No. 91-17, "RESOLUTION AUTHORIZING THE CITY OF MENDOTA HEIGHTS TO ENTER INTO AN AGREEMENT WITH SOO LINE RAILROAD," giving the City the perpetual right to maintain its utilities which will cross under the Soo Line Railroad tracks, in connection with the Furlong area project, for a total payment of $3,900. Page No. 2980 April 16, 1991 f. Authorization for the purchase of a 180 megabyte hard drive, a 380 megabyte hard drive and a tape backup unit for the Administration/Utility/Engineering computer system for a total purchase price not to exceed $3,200. g. Approval of the list of contractor licenses dated April 16, 1991 and attached hereto. h. Approval of the list of claims dated April 16, 1991 and totalling $176,152.22. i. Acknowledgment of an offer from the Mendota Heights Garden Club to donate a Red Splendor Crab Apple Tree for planting at the City Hall site in honor of Arbor Day. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 MENDAKOTA PARK Council acknowledged a memo with respect to BUILDINGS - BID AWARD bids received for materials and labor for construction of the Mendakota Park comfort station, picnic shelter/band pavilion, and information kiosk. Park Project Manager Guy Kullander reviewed the memo and background on development of the buildings. He informed the audience that the City will be the general contractor for the project and that 27 bids were received for the 11 components of the project. He recommended that Council authorize contracts with the eight low bidders identified in the memo and that a contract for shingle roofing be awarded to Zimmerman Exteriors for its low bid of $8,725. He informed Council that the Zimmerman bid will be reduced, possibly by as much as $1,500, because the quote was for cedar shingles rather than cedar shakes, which is the roofing used on City Hall. Councilmember Cummins arrived at 7:48 P.M. Councilmember Smith moved to award contracts to the following firms for their low bids: F.M. Fleischhacker, $28,735, concrete, block and flatwork; Interstate Lumber, $21,651, lumber and materials; B.T.L. Construction, $11,900, carpentry labor; Approved Electric Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 FURLONG ASSESSMENTS Page No. 2981 April 16, 1991 Co., $7,950, electrical; L&M Painting, $2,345, painting and staining; Pace Roofing, $3,850, elastic sheet roofing; Stueve Tile, $1,650, quarry tile; J.T.S. Services, $1,197, stainless steel; BOE Ornamental Iron, $5,817, miscellaneous metal and metal railings; and Zimmerman Exteriors, a maximum of $8,725 for shingle roofing. Councilmember Koch seconded the motion. Councilmember Koch moved to authorize Parks Project Manager Guy Kullander to authorize a contract with the plumbing firm which submits the low bid for plumbing, for an amount not to exceed $11,000. Councilmember Smith seconded the motion. Council acknowledged a memo and proposed assessment roll for proposed Furlong area utility improvements. Engineer Klayton Eckles reviewed the report, informing Council that the assessment hearing has been scheduled for May 7th. He explained that the estimated project -cost is $921,500, which includes a fairly large contingency, about 20% less than the original project estimate. He discussed use of tax increment financing, stating that Council had authorized the use of up to $492,000 of TIF for the project, and the proposed assessment rates. Acting Mayor Blesener asked about the amount of TIF participation. She stated that at the time Council authorized the level of TIF, the estimated project cost was $1.1 million. She further stated that she did not know how the TIF contribution was established but if it related to the estimated cost, she felt that it should be reduced by the same percentage as the bid difference. Engineer Eckles explained that there was a huge difference between estimated storm sewer costs and the bid for that portion of the contract but that the TIF was originally proposed to pick up almost none of the storm sewer cost: there was a large savings to the property owners but not much to the TIF. Determining the TIF originally was a complicated process in which staff looked at the total project and extraordinary items like Page No. 2982 April 16, 1991 jacking under the highway, depth of pipe, etc. The TIF is proposed to support those items. Another problem is assessing industrial raw land versus residential property. The residential rate was applied against industrial properties, resulting in a very high assessment for those properties, and then TIF was applied to adjust the industrial assessments. TIF is also suggested to be used to cover the assessments against the City - owned lots. Councilmember Cummins asked whether the $10,300 per lot average residential assessment reflected in the feasibility study was communicated to the residents. Mr. Eckles responded that $10,300 was indicated as the maximum residential assessment. Councilmember Cummins asked whether Engineer Eckles is able to identify the amount of subsidy each of the residential lots is receiving from the TIF. He stated that he opposed the use of TIF to subsidize sewer and water in residential neighborhoods where there is little possibility it will ever be recaptured. If there are substantial savings to be realized, he felt the benefit of the savings should go to the TIF. He stated that he would have trouble voting for the assessment roll because the residents would be receiving unfair benefit. Engineer Eckles responded that one of the issues discussed in the feasibility report was that if the neighborhood were bought out by MAC, how much of the project would be wasted. He explained that the streets and utility stubs that go up each of the streets are the only items that would be of no use in the redevelopment of the area - of the 28 manholes, only seven or eight are in the street areas. The majority of the project will still be able to serve the site if it redevelops. He informed Council that it would be very difficult to come up with just one number on how much subsidy each homeowner would be getting under the proposed assessment roll. He pointed out that the TIF contribution is subsidizing industrial property, cemetery property, and the Furlong area for future development. Page No. 2983 April 16, 1991 Councilmember Cummins asked Mr. Eckles if he could run some numbers that would indicate what the actual costs should be - which would possibly bring the residential assessments closer to the $10,300 estimate and reduce the TIF contribution. He stated that he would like to at least look at saving the TIF 20%. He asked what Engineer Eckles' hypothetical was in preparing the roll. Mr. Eckles responded that the hypothetical is that the utilities are not being installed only to the service of the residences in the Furlong area but that they would serve the area if it were to redevelop and would be also be in place to serve the motel property, driving range property, the greenhouse, the industrial sites, etc. Acting Mayor Blesener agreed with Councilmember Cummins that the City would be spending considerable TIF money, much of which will not be recoverable cost. She stated that after much public discussion, the Furlong neighborhood agreed that $10,000 would be an acceptable assessment. She noted that the hearing will be held before bid award and asked how long the bid will be good. Mr. Eckles responded that the bids are good for sixty days from the bid opening date and that the contractor would like to begin working on May 8th. Councilmember Cummins stated that he would not be comfortable accepting the roll as proposed for the purpose of public notice, but would be if the Furlong Addition assessments were closer to the originally estimated $10,300. He felt that the savings in the bidding process should accrue to TIF and asked staff to recalculate the roll. Acting Mayor Blesener agreed and pointed out that the recalculation might also be increasing the level of assessment for industrial as well as residential properties. Engineer Eckles stated that the way he would approach recalculation would be to look at the extraordinary items again to determine whether all of those items should be considered extraordinary. Ayes: 4 Nays: 0 LENNOX INDUSTRIES TAX INCREMENT FINANCING Ayes: 4 Nays: 0 Page No. 2984 April 16, 1991 Administrator Lawell stated that he would not suggest "picking" numbers tonight for the purposes of mailed notices but rather that the hearing be delayed to May 21st. Acting Mayor Blesener suggested that Council meet in special session on May 24th before the scheduled team -building workshop. Councilmember Cummins moved to lay the matter over to a special meeting at 5:30 P.M. on April 24th and direct staff to recalculate the proposed assessments with the position that the residential lot assessments should on average exceed $10,000. Councilmember Koch seconded the motion. Council acknowledged a memo from Treasurer Shaughnessy regarding a request from United Properties for tax increment financing assistance in connection with construction of a Lennox Industries office warehouse building on the MAC property. Mr. Dale Glowa, from United Properties, briefly described the Lennox project, which is development of a 30,000 square foot office/warehouse facility at Pilot Knob Road and Lemay. He requested $425,000 in tax increment financing for the project, part of which would be a pay-as-you-go benefit. He explained the financing request described in his letter of April 18th, and informed Council that United Properties will own the building but Lennox will hold a ten-year lease. Treasurer Shaughnessy explained the "pay-as- you-go" concept, stating that the City would issue a revenue note to United Properties that would be paid out of the annual taxes on the project. United Properties would use the money to write down the lease expense, and the City has no obligation to pay on the note unless the tax is actually received. After discussion, Councilmember Cummins moved to authorize a Tax Increment Financing expenditure of $425,000 for the Lennox project as requested by United properties. Councilmember Koch seconded the motion. Page No. 2985 April 16, 1991 FIRE DEPARTMENT ANNUAL Council acknowledged the 1990 Fire Department REPORT Annual Report. Fire Chief Maczko briefly reviewed the report and responded to Council questions. T.H. 13 UTILITIES Ayes: 4 Nays: 0 Council acknowledged a feasibility study for proposed Highway 13/Pilot Knob Road utility improvements, prepared in response to a request from St. Peter's Church. Mr. Jim Losleben, representing St. Peter's, stated that the Church is trying to coordinate with Mn/DOT in view of all of the imminent highway construction. Public Works Director Danielson informed Council that all of the work on Mn/DOT right- of-way would be done through a cooperative agreement. He informed Council that the highway project is scheduled to start next spring. Acting Mayor Blesener pointed out that stage one construction involves $327,000 in tax increment funding. She asked how much additional TIF will be needed for stage 2. Mr. Danielson responded that an additional $150,000 is estimated for stage 2 costs but that some of the costs will be assessable. Councilmember Cummins asked whether the proposed $28,000 in TIF shown for the City of Mendota relates to connecting the sewer line into the Mendota line. Mr. Danielson responded that typically when one City connects to another's utilities there is some type of compensation. It is proposed that the contribution in this case be in the form of extending water to Mendota. Councilmember Cummins moved to authorize $327,000 in TIF funding for the Highway 13/Pilot Knob Road Utility project (Phase I) as proposed in the feasibility study. Councilmember Smith seconded the motion. Mr. Losleben stated that once the utilities are brought to the St. Peter's property line there will be considerable work needing to be done on the St. Peter's property. He asked whether the Church can sublet City Engineering to coordinate and plan what must be done on the church property, and if the costs for Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CLOSED SESSION Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 COUNCIL COMMENTS Page No. 2986 April 16, 1991 engineering and construction on the church property can be assessed. Councilmember Cummins suggested that the work could be bid as one project with two separate contracts which would possibly result in some savings. Staff was directed to research the feasibility of a cooperative arrangement with St. Peter's Councilmember Cummins moved that staff work with the City of Mendota to negotiate a cooperative agreement to connect to the Mendota water system. Councilmember Koch seconded the motion. Councilmember Cummins moved adoption of Resolution No. 91-18, "RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER IMPROVEMENTS TO SERVE ST. PETER'S CHURCH AND ADJACENT AREAS (Improvement no. 84, Project No. 2-A)," the hearing to be held on May 21st. Councilmember Smith seconded the motion. Councilmember Smith moved that a closed session be conducted at 5:30 P.M. on April 17th, for discussion of Centex litigation. Councilmember Koch seconded the motion. Councilmember Cummins moved that when at its adjournment, the April 17th closed session be adjourned to a special meeting at 5:30 P.M. on April 24th for discussion of the proposed Furlong area assessments. Councilmember Smith seconded the motion. Acting Mayor Blesener stated that she has received calls from residents requesting Council adoption of an ordinance to control cats. The matter was referred to staff for research. Acting Mayor Blesener stated that she understood that the playing surfaces of ballfields in existing parks would be improved but that the outfield in Valley Park needs ADJOURN Ayes: 5 Nays: 0 Page No. 2987 April 16, 1991 upgrading (sunken outfield), and asked that staff look into the matter. She felt that improvements should not be limited to infield improvements. There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned to the April 17th closed session. Councilmember Koch seconded the motion. TIME OF ADJOURNMENT: 9:27 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Janet B. Blesener Acting Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL April 16, 1991 Masonry Licenses Arrow Construction Carlson Masonry, Inc. Fleischhacker, M.F.-Inc. Grabak Construction London Brick Stockness Construction, Inc. Excavating Licenses A & B Construction Olsen's Sewer Service, Ind. Plymouth Plumbing, Inc. St. Paul Utilities & Exc., Inc. Schmidt, T.A.-& Sons Exc. Specialized Turf, Inc. Gas Piping Licenses Flare Htg. & A/C, Inc. MN Plmb. & Htg., Inc. Royalton Htg. & Cooling General Licenses College City Construction, Inc. Dakota Fence of MN, Inc. Greenwoldt Construction, Inc. Hables Construction Co. (The) Homemaster Builders, Inc. Kranz, D.J.-Co., Inc. Meaney, F.P.-Construction Midwest Fence & Mfg. Co., Inc. Sonnek Construction Co., Inc. Heating Licenses Boehm Heating Flare Htg. & A/C, Inc. MN Plmb. & Htg., Inc. Royalton Htg. & Cooling Co. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Adjourned Special Meeting Held on Wednesday, April 24, 1991 Pursuant to due call and notice thereof, the adjourned special meeting of the City Council, City of Mendota Heights was held at 5:30 o'clock P.M. on Wednesday, April 24, 1991, at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 5:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins and Smith. Councilmember Koch was absent. FURLONG ASSESSMENT ROLL The Council received a report from Engineer Klayton Eckles regarding assessment methodologies for the Furlong Addition, Job No. 8616. Council reviewed the memo. City Administrator Lawell explained that the City was a benefactor of receiving project bids that represented a 22 percent cost reduction from the feasibility report. Administrator Lawell stated that the original methodology for calculating the assessment roll incorporated a 14 percent savings to the average residential unit, while the revised draft assessment reduces the residential savings to zero percent. Councilmember Cummins stated that the benefits of the lower bid ought to accrue to all the taxpayers in Mendota Heights and that the Tax Increment Financing expenditure should be decreased proportionately with the costs savings. The Council discussed the levels of assessment and hook up costs in the neighborhood. Mayor Mertensotto stated he was• in favor of lower assessments through the use of TIF. He stated the district was economically strong and that these improvements were always envisioned as part of the tax increment plan. Engineer Eckles explained that the substantial savings on the bid are involved in the storm sewer costs which are mainly outside of Furlong. Engineer Eckles stated that a decision was necessary for bids to be awarded. Mayor Mertensotto stated that there appeared to be a 2-2 deadlock vote on the issue of assessment methodology. Councilmember Cummins moved to adjourn the meeting until the conclusion of the Team Building Seminar when Councilmember Koch could be present, located at the Courtyard by Marriott Conference Room A in the City of AYES: 4 NAYS: 0 Mendota Heights, which begins at 6:00 o'clock P.M., April 24, 1991. Councilmember Blesener seconded the motion. Mayor Mertensotto reconvened the Special Council meeting to consider the Furlong Assessment Roll at 10:20 o'clock P.M. on April 24, 1991 at the Courtyard by Marriott, Conference Room A. The following members were present: Mayor Mertensotto, Councilmembers Cummins, Blesener, Koch and Smith. FURLONG ASSESSMENT ROLL Councilmember Koch, received and reviewed a report from Engineer Klayton Eckles regarding assessment methodologies for the Furlong Addition, Job No. 8616. Councilmember Koch stated that she favored Assessment Methodology No. 1 which provides the Furlong residents with a greater share of the cost savings realized in the project bids. Councilmember Smith moved to accept Assessment Roll No. 1 and authorize staff to notify those affected of the hearing scheduled for 8:00 o'clock P.M. on May 7th, 1991. Councilmember Koch seconded the motion. AYES: 3 NAYS: 2, Cummins, Blesener ADJOURN AYES: 5 NAYS: 0 There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned to the regular City Council meeting on May 7, 1991. Councilmember Koch seconded the motion. TIME OF ADJOURNMENT: 10:45 o'clock P.M. Kevin Batchelder ATTEST: Administrative Assistant Charles E. Mertensotto Mayor ? ' 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES APRIL 23, 1991 The regular meeting of the Mendota Heights Planning was held on Tuesday, April 23, 1991, in the City Hall Council Chambers, 1101 Victoria Curve. Chairperson Dwyer called the meeting to order at 7:30 o'clock P.M. The following members were present: Dwyer, Koll, Friel, Dreelan, Krebsbach, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planning Consultant Tim Malloy, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES AYES: 5 NAYS: 0 ABSTAIN: Commissioner Koll moved approval of the March 26, 1991, Minutes. Commissioner Friel seconded the motion. Duggan, Krebsbach CASE NO. 90-11: WILDENAUER - WETLANDS PERMIT Dr. Jerry Wildenauer, of 1859 Warrior Drive, was present to discuss his request for a Wetlands Permit for construction of a fence and deck. Dr. Wildenauer explained that in October of 1990, he received approval of a Wetlands Permit for construction of his home on Warrior Drive. He stated that at that time he had planned on installing a fence and that he did not include the fence on his initial Wetlands application as he did not realize a fence was considered a structure. Dr. Wildenauer further explained that he is also proposing a new location for his deck. Dr. Wildenauer stated that the deck will be 14 ft x 22 ft and that the new location moves the deck further south about ten feet (10 ft) from the rear of his house. He stated that the fence will be a four feet (4') tall vinyl clad chain link fence. He stated that the purpose of installing a fence will be to provide a safe environment for his house dog. He explained that the Pine trees will not be affected and the large trees down by the shoreline will obscure the view of the fence from surrounding neighbors. Dr. Wildenauer pointed out that he did receive signatures of consent from his neighbors. He stated that his neighbors April 23, 1991 Page 2 are pleased that he is trying to restrain his dog as there are numerous dogs running in the neighborhood. In response to a question from Commissioner Tilsen, Dr. Wildenauer stated that the slopes and retaining wall will stay the same as the previous plan. Commissioner Tilsen noted his concern for keeping the height of the retaining wall low. Commissioner Friel moved to waive the public hearing and to recommend that the City Council grant the requested Wetlands Permit for a fence structure according to the plans submitted in Case No. 91-11. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 CASE NO. 91-10: SMITH - WETLANDS PERMIT AYES: 7 NAYS: 0 AYES: 7 NAYS: 0 1 Mr. and Mrs. Thomas Smith, of 625 Hampshire Drive, were present to discuss their request for a Wetlands Permit to allow construction of a deck and porch addition to their Arne along the pond in Hampshire Estates. Mr. Smith explained that he and his wife live in a Centex home. He stated that the Centex homes along the pond received group approval of Wetlands Permits when the development initially started. He stated that these permits did not include approval of future deck or porch construction to these homes. Commissioner Krebsbach moved to waive the public hearing. Commissioner Dreelan seconded the motion. Commissioner Krebsbach moved to recommend that the City Council grant a Wetlands Permit to allow construction of a deck and future porch, as proposed in Case No. 91-10, to be within sixty-five feet (65') of the pond. Commissioner Duggan seconded the motion. April 23, 1991 Page 3 HEARING - CASE NO. 91-08: MUELLER - CUP - ACCESSORY STRUCTURE GREATER THAN 144 SQUARE FEET Mr. Thomas Mueller, of 1975 Knob Road, was present to discuss his request for a conditional use permit to allow construction of a 400 square foot storage shed in his side yard. In response to a question from Chair Dwyer, Mr. Mueller stated that the cement slab was poured over a year ago and through the building permit process he learned that a conditional use permit would be required since the structure exceeds 144 square feet. He stated that the structure meets the setback requirements. Mr. Mueller explained that he proposes to have an overhead door that will face the east towards Knob Road. He explained that he does not foresee extending a driveway to the structure at this time. He stated that the intended use of the structure will be to store a work vehicle and other miscellaneous items. He noted that the Planner suggested inn his memo that landscaping would help reduce the visual impact of the structure. He stated that he would be willing to install landscaping if so desired by the Planning Commission. Commissioner Krebsbach suggested that the overhead door be switch from the north side of the east wall to the south side of the east wall. She stated that this would then make four sections of doors instead of five sections. She further stated that plantings could then be installed on the north side of the building to help minimize the visual impact from the north east. Mr. Mueller agreed to the suggestion. Commissioner Tilsen noted that a condition should be placed on this storage shed request limiting it to residential storage only. In response to a question from Chair Dwyer, Mr. Mueller stated that he is a self employed carpenter and that he does not have enough equipment to store inside the shed. He stated that he had not planned on wiring the shed with electricity. Commissioner Koll stated that she had visited the site and discussed this request with Mr. Mueller's neighbors. She stated that the neighbors indicated that they are happy to see that the area will be cleaned up. Mr. April 23, 1991 Page 4 Mueller responded that he too had talked to his neighbors and that he had gotten that impression. He further stated that he has already made an attempt to landscape and that he would have no objection to installing additional landscaping. In response to a question from Commissioner Duggan, Mr. Mueller stated that there would be a 4:12 pitch roof and that the height of the structure (ground to peak) would be twelve feet (12') . He stated that the structure would be lower than his existing garage. Chair Dwyer then opened the meeting to the public for their comments. There was no one present to discuss this request. Commissioner Krebsbach moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 Commissioner Krebsbach moved to recommend that the City Council grant a Conditional Use Permit for an accessory s cructure greater than 144 square feet in the R-1 Zone conditioned upon: 1. the shed being used solely for residential storage 2. the overhead door be moved to the south side of the east wall 3. landscaping be installed along the north side of the structure 4. no additional curb cuts or driveways be installed Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 91-09: HNTB (MAC) - CUP FOR NOISE MONITORS As requested by HNTB Architects Engineers Planners, Commissioner Duggan moved to continue their request for a Conditional Use Permit for noise monitors to May 28, 1991, at 8:00 o'clock P.M. Commissioner Krebsbach seconded the motion. AYES: 7 NAYS: 0 RESPONSE COMMENT April 23, 1991 Page 5 TO PLANNING COMMISSION - WETLANDS SETBACK Public Works Director Danielson briefly explained a memo regarding Wetlands Setbacks. He explained that at the March meeting, Commissioner Friel had some questions regarding homes that were constructed at their approved Wetlands setback limit with deck doors boarded shut waiting for a future deck to be constructed. Public Works Director Danielson informed the Planning Commission that staff made visits to the sites, as indicated by Commissioner Friel, in the Copperfield, Hampshire and Bridgeview Shores additions and located nine homes constructed with deck doors and no decks. He explained that two of the nine homes would need future Wetlands Permits and that the others may need permits depending on the size of deck desired. Commissioner Friel stated that he would like to see the City be more concerned in the future for pad locations and that plans should indicated future decks. He stated tTat staff should be more cognizant of this during final platting times. VERBAL REVIEW PLANNING Public Works Director Danielson provided a verbal review for the planning items at the previous City Council meeting. COMMISSION COMMENTS Commissioner Krebsbach suggested that if the Metropolitan Airports Commission is looking for a third site for their noise monitors that the City should suggest the third site to be on Culligan Lane. She stated that the River Valley area is greatly affected by the air noise. Commissioner Tilsen commented that it is Earth Week. He stated that he is a member of an advisory committee to the Regional Transit Board. He stated that they are in the process of researching more ways to minimize the amount of traffic on City streets. He stated that these issues help the environment and that people should be made aware of these issues. Commissioner Tilsen commented that in some Cities, major developments are required to submit special transit April 23, 1991 Page 6 plans. He stated that the City of Mendota Heights has the opportunity to be innovative with land use planning, especially in the industrial area. He stated that the City should, when reviewing P.U.D.'s, emphasize the transportation elements, i.e., build less parking lots and thereby creating more opportunties for ridesharers. ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 8:45 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary TO: FROM: SUBJECT: MEMO Date: 4-26-91 Mayor, City Council, and City Administrator Paul R. Berg, Code Enforcement Officer Building Activity Report for April 1991 CURRENT MONTH YEAR TO DATE 91 YEAR TO DATE 90 BUILDING PERMITS: No. Valuation Fee Collected SFD 7 1,020,156.00 9,251.56 APT 0 0 0 TOWNHOUSE 0 0 0 CONDO 0 0 0 MISC. 14 81,014.00 1,805.25 C/I 3 5,859.00 217.80 Sub Total 24 1,107,029.00 11,274.61 TRADE PERMITS: No. Valuation Fee Collected No. Valuation Fee Collected 17 2,671,927.00 23,585.96 21 3,490,004.00 29,748.90 0 0 0 0 0 0 3 278,041.00 3,017.04 2 215,364.00 2,192.86 0 0 0 0 0 0 29 157,849.00 3,239.80 62 506,995.00 8,737.03 19 7,280,625.00 31,908.70 8 80,424.00 1,494.08 68 10,388,442.00 61,751.50 93 4,292,787.00 42,172.87 Plumbing 13 519.00 31 1,296.00 37 Water 7 35.00 27 135.00 25 Sewer 15 262.50 26 455.00 28 Heat, AC, & Gas 13 710.50 44 4,516.50 47 1,303.00 125.00 490.00 2,962.60 Sub Total 48 1,527.00 128 6,402.50 137 Licensing: Contractor's Licenses 39 975.00 271 6,775.00 4,880.60 269 6,725.00 Total 111 1,107,029.00 13,776.61 1 467 10,388,442.00 74,929.00 1 499 4,292,787.00 53,778.47 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 TO: Mayor, City Council and City Adminis FROM: James E. Danie Public Works Di SUBJECT: 1991 Seal Coat Contract DISCUSSION: May 1, 1991 The 1991 Street Department budget included $50,000 for seal coating, however because of state cutbacks, Larry Shaughnessy has asked that we limit this years seal coat contract to $30,000. Staff proposes to apply a slurry seal to the following streets: Mayfield Heights Road Mayfield Heights Court Medallion Drive Enterprise Drive (South of Mendota Heights Road) Northland Drive (Enterprise Dr. west to Mendota Heights Rd.) RECOMMENDATION: I recommend that the City slurry seal the above streets in 1991 at an estimated costs of $30,000. ACTION REQUIRED: If Council desires to implement the recommendation they should pass a motion authorizing the advertisement for bids. Bids to be considered for award at the May 21st meeting. JED:dfw CITY OF MENDOTA HEIGHTS MEMO April 30, 1991 TO: Mayor, City Council and City Admini FROM: James E. Danielson, Public Works Dir SUBJECT: AGC Addition - Final Plat Approval DISCUSSION Attached is a copy of the AGC Addition Final Plat. Turner's Gymnastic facility will be constructed on Lot 1 sometime this summer, Lot 2 is still owned by the Associated General Contractors (AGC). RECOMMENDATION The Final Plat has been prepared according to what was approved by Council in a preliminary form, and I recommend that it be approved as prepared. ACTION REQUIRED If Council desires to implement the recommendation, they should pass a motion adopting Resolution No. 91- , A RESOLUTION APPROVING FINAL PLAT FOR AGC ADDITION. JED:kkb CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 91-. A RESOLUTION APPROVING FINAL PLAT FOR AGC ADDITION WHEREAS, a final plat for AGC Addition has been submitted to the Council; and WHEREAS, the City Council has reviewed said final plat. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the final plat of AGC Addition submitted at this meeting is hereby approved. 2. That the appropriate City officials be and they are hereby authorized to execute the final plat on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 7th day of May, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk ser Mendota Heights Police Department "EMORAHQ M 1 May, 1991 TO: Mayor and City Co ncil City Adminis FROM: Chief of Police SUBJECT: Amendments to Solicitors Ordinance INTRODUCT ION In August, 1990, Council ordered amendments to Ordinance 237, the "Solicitors Ordinance", that would allow an annual license for certain vendors such as ice cream trucks. Additionally, it was noted that the portions of the Ordinance that dealt with charitable, religious, educational or political exemptions was vague. The attached revisions address those problems. DISCUSSION Blue Bell Ice Cream petitioned Council for an annual license for an "Ice Cream" truck that travels the City on a daily basis and staff recommended an amendment to include an annual license with appropriate safeguards. The Ordinance, as written, relieved exempted organizations from the accountability that was intended for all door-to-door solicitors. This was due to the verbiage in the Ordinance and was pointed out by one such exempted organization. The amendment to the Ordinance will exempt these organizations from the fee and license portions of the law, but will still require them to "register" their solicitors, and a local supervisor, with the City Clerk. This is necessary in order for the City to follow up on complaints and to inform the citizens when they call to inquire about the "legality" of specific solicitors. AECOMMENDATION That Council approve the attached amendments to Ordinance #237. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 237 (Codified as Ordinance No. 603) The City Council of the City of Mendota Heights, Minnesota, ordains as follows: SECTION 1. Ordinance No. 237 (Codified as Ordinance No. 603), known and referred to as "AN ORDINANCE LICENSING AND REGULATING SOLICITORS AND WAGON VENDORS" is hereby amended in the following respects: Section 2.3 of said Ordinance No. 603 is hereby amended in its entirety so that as amended it shall read as follows: 2.3 Persons canvassing or soliciting for the purpose of charitable, religious, educational or political organizations, if such organization is registered with the Secretary of State pursuant to the provisions of Section 309.52 M.S.A. as a charitable organization or exempted pursuant to the provisions of Section 309.51 M.S.A., are exempted from the fee and licensing requirements of this Ordinance upon providing the City Clerk with the following information. A. Name, business address and telephone number of the organization represented. If the organization represented does not maintain a permanent local address, the City Clerk will be provided with the name, local address and telephone number of a supervisor responsible for the activities of the solicitors and the policies of the organization. B. Name, address and date of birth of each solicitor. A new section, Section 2.4, is added to read in its entirety as follows: 2.4 This ordinance does not apply to solicitation of orders for future door-to-door delivery of local newspapers. Section 3.2 is hereby amended in its entirety so that as amended it shall read as follows: 3.2 Wagon Vendor A. Application for an annual wagon vendor's license shall be made to the City Clerk on a form to be provided by the City Clerk. B. The applicant for an annual wagon vendor's license shall specify when, and in what area of the city he desires to operate, and what goods he intends to sell. The license, if issued, shall be limited to specific times (days of week, hours of day), locations and goods. C. Licenses will be issued to individual vendors employed by Minnesota based companies or corporations, and preference in the granting of licenses and the designation of routes or territories will be given to residents of the city. D. Each applicant shall sign a "Release of Information" form granting permission for the investigation of the driving record and moral character of the applicant. E. The Chief of Police will review each application for a wagon vendor's license, and no license will be granted without his signed approval. F. Annual licenses shall be issued solely at the discretion of the city and the city retains the right to deny any and all license applications based on the needs of the city, the rest, repose and safety of the citizens, or the unsatisfactory background, conduct or history of the applicant or the applicant's employer. G. Excessive citizen complaints, or any violation of city ordinances, state statutes, or federal laws shall be grounds for the immediate revocation of an annual wagon vendor's license, and the suspension of all licenses issued to employees of the same company or corporation. A new Section, Section 3.3, is added to read in its entirety as follows: Section 3.3 Transfer of Annual Wagon Vendor's License A. Annual wagon vendor's licenses may be transferred between employees of the same company or corporation upon successful completion of the procedures outlined above. B. A transfer fee. of $35.00 will be required to transfer any license. If granted, the transferee will be licensed for the remaining term of the original license only. A new Section, Section 4.3 is added to read in its entirety as follows: 4.3 The fee for an annual wagon vendor's license shall be $100.00. The license shall be in effect for one calendar year from the date of issue. SECTION 2. This ordinance shall be in full force and effect from and after its publication according to law. Enacted and ordained into an ordinance this 7th day of May, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO May'l, 1991 TO: Mayor, City Council, City Administrator FROM: Paul R. Berg Code Enforcement Officer fiee. SUBJECT: Sign Permit for 3M Company INTRODUCTION: SignArt:Company of Mendota Heights has submitted drawing and permit application to install two 4' x 8' 3M logos on the south and east sides of 3M's building located at 2455 Lexington Avenue. (See attached drawing) Each wall sign will contain 32 square feet of non -illuminated signage. The sign is proposed to be installed 8' above grade. RECOMMENDATION: Since the Zoning Ordinance allows individual signs.in the "I" District up to 100 square feet per sign, staff can see no problem with the proposed installation of two 32 square foot signs. Therefore, staff would recommend Council's approval of the signs as requested. ACTION REQUIRED: If City Council agrees with staff's recommendation of approval of the proposed signs, it should pass a motion of approval. CITY OF MENDOTA HEIGHTS MEMO April 25, 1991 TO: Mayor, City Council and City Admini FROM: James E. Danielson, Public Works Dire Kevin Batchelder, Administrative Assi SUBJECT: CASE NO. 91-11: Wildenauer - Wetlands Permit DISCUSSION Dr. Jerry Wildenauer, of 1859* Warrior Drive, appeared before the April Planning Commission meeting to request a Wetlands Permit to allow construction of a four foot (4') tall vinyl clad chain link fence as an enclosed area for his house dog. Dr. Wildenauer is also proposing to locate his deck, that was previously approved, further south along the rear of his house. (See attached plans and memos). RECOMMENDATION The Planning Commission voted unanimously to waive the public hearing and recommend that the City Council waive the Wetlands Permit fee and grant the requested Wetlands Permit for a fence structure according to the plans submitted in Case No. 91-11. ACTION REQUIRED If City Council desires to implement the Planning Commission recommendations, they should pass a motion waiving the public hearing requirement and fee for a Wetlands Permit and approving a Wetlands Permit for the construction of a fence structure according to the attached plans. JED/KLB:kkb CITY OF MENDOTA HEIGHTS MEMO TO: Planning Commission April 18, 1991 FROM: James E. Danielson, Public Works Di Kevin Batchelder, Administrative Ass]. 11:nt SUBJECT: CASE NO. 91-11: Wildenauer - Wetlands Permit DISCUSSION In October of 1990, Dr. Jerry Wildenauer of 1859 Warrior Drive, met with the Planning Commission and received a Wetlands Permit for construction of his home on Warrior Pond. The Wetlands Permit that was granted to Mr. Wildenauer allowed construction of his home to within seventy feet (70') of Warrior Pond, however, the City Council approval also acknowledged that a proposed deck and retaining wall were included in the site plan approval at a distance that was closer to the pond (see attached minutes). Dr. Wildenauer has modified his site plan now that he is nearing completion of his house. The modifications include a new location for the deck and the addition of a fence. Because the fence is considered a structure and because it is within the Wetlands setback, a Wetlands Permit review is required. Staff recommends waiving the public hearing as Mr. Wildenauer has obtained signatures of consent from his neighbors. Staff is also recommending that the fee be waived by the City Council, as Dr. Wildenauer's previous Wetlands Permit is not yet a year old. This is essentially a modification to an approved site plan. ACTION REOUIRED Consider waiving the public hearing. Meet with applicant and make a recommendation to City Council on the request Wetlands Permit. JED/KLB:kkb City of 1122jAMendota Heights . APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Cr I -I I Date of Application 4- 1.4-1-q Fee Paid P�K��wa,� Pcu.�.(bA •lam - "�4 r f 14-6g7 q(o3© Rs-- `7�1 Applicant Name: LI)t � d� n c� U e r J P c ro tro R PH: [,rj - 4 c5 .sz& �% (Last)1 (First) (MI) Address: 1 g 5t WUr►^ nor Or M-4- ,M/✓ .551/5 (Number & Street) Owner Name: W t ((t P -n 024 C,r Address: (Last) !g 51 J/ Thor Or. (Number & Street) Street Location of Property in Question: (City) (State) (Zip) � t r ra c -n (First) (Mi) rt A/ 537 (City) (State) (Zip) 18C q bt)A-er(r9r Ofti,) e Legal Description of Property: n a1 d 5 o ' fit ` e -Y. ,-4 c. q (At2 L.©T Z i.31 cr-k 1 Type of Request: Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. Plan Approval Comprehensive Plan Amendment Applicable City Ordinance Number Variance Subdivision Approval V" Wetlands Permit Other (attach explanation) Section Present Zoning of Property Present Use Proposed Zoning of Property ; Proposed Use I hereby declare that all statements made in this material are true. d on the additional (Date) e of Applicant) gear (Received by - Title) 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 J.A. HOMES Ayes: Na ASE NO. 90-34, WILDENAUER Ayes: 5 Nays: 0 Page No. 2912 October 2, 1990 J.A. Homes has requested a continuation of the hearing on their planning application to December 4th. He further informed Council that he was informed today that J.A. would like to withdraw its application and start over again. Councilmember Cummins suggested that the matter be laid over to December 4th or until the applicant notifies the City in writing of their withdrawal. Councilmember Cummins moved to continue the hearing on the J.A. Homes application to December 4th. Councilmember Anderson seconded the motion. Dr. Jerry Wildenauer was present to request approval of a wetlands permit to allow construction of a home on Lot 2, Block 1, The Ponds of Mendota Heights. He explained that he would like to build a home on the east side of Warrior Pond, 70 feet from the wetlands, construct a deck on the home 14 feet closer to the wetlands, and construct a small retaining wall. Councilmember Cummins moved to waive the required hearing and approve the wetlands permit according to a site plan dated September 6, 1990, with the condition of staff approval that proper erosion control methods are followed. Councilmember Hartmann seconded the motion. CASE NO. 90-33, SOLEM Administrative Assistant Batchelder reviewed an application from Mr. Brian Solem for a seven foot sideyard setback variance to allow him to replace an existing accessory structure at 1870 Valley Curve Road with a third garage stall to be attached to his existing garage. Councilmember Blesener moved to approve a seven foot sideyard setback variance to allow construction of a third stall garage addition at 1870 Valley Curve Road. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 April 17, 1991 Jerrold and Gail Wildenauer 1859 Warrior Drive Mendota Heights, Minnesota 55118' I have no objection to the proposed fenced area located on the northwest corner of the existing home as depicted on the site plan. I understand that this letter is for the purpose of obtaining a wetlands permit. Please print your name and sign below it. Nc4k._ L . e_0.l.laltia,,L ACLA- cdiskittAk) 4\AY'Q t".1 LYrivJE MYAtV G-I^Si a AliAl May 2, 1991 City of Mendota Heights Dr. Jerry Wildenauer 1859 Warrior Drive Mendota Heights, MN 55118 Dear Dr. Wildenauer: Your application for a L).Q'}lamjD-S %.4f'v►1Lt will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, 0160.1 "j (rl ( . The Council meeting starts at 7:30 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended v vuli eus (/ ref oes (v.& t Za_5 ( o s.elD a,•,.� If you have any questions, please feel free to contact me. Sincerely, ��.�-✓tip l� Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 City of Mendota Heights April 19, 1991 Dr. Jerry Wildenauer 1859 Warrior Drive Mendota Heights, -MN 55118 Dear Dr. Wildenauer: Your application for a Weilartin Peyyy\ ri-- will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday,Rphl The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall in the Council Chambers. You, or a representative should plan on attending the meeting, in order that your application will receive.Commission consideration.. - ,,„ 4T2 • • ; 4. • •. - . • • • - • - • _ Sincerely, :•7 e • • ' • . _Kevin Batchelder ; • Administrative Assistant • • • I<LB:k.kb • - • e*, • • • .1;• • :;• • .-,.-1101Victoria:kCurve-Atlindota-Heights;,A1Me5511 A1452-1850 'f"-"4•14.S.ke • • . .• • ..• nI • • -- • ".• • • . V-Ifiv\oYE. 17r--0For-1D 6,pP--111716-1 e• 555 5 zdo' s TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS MEMO April 25, 1991 Mayor, City Council and City Adminis James E. Danielson, Public Works Dire Kevin Batchelder, Administrative Assi DISCUSSION CASE NO. 91-10: Smith - Wetlands Permit Tom and Jill Smith, of 625 Hampshire Drive, appeared before the Planning Commission to request a Wetlands Permit to allow construction of a deck at the rear of their house along the pond, and a future three season porch. (See attached plans and memos). The Planning Commission reviewed the site plan and had no concerns with this request. RECOMMENDATION The Planning Commission voted unanimously to waive the public hearing and recommend that the City Council grant a Wetlands Permit to allow construction of the deck, and future porch, as proposed, to be within sixty-five feet (65') of the pond. ACTION REOUIRED If City Council desires to implement the Planning Commission recommendation, they should pass a motion waiving the public hearing and granting a Wetlands Permit to allow the proposed deck and porch to be within sixty-five feet (65') of the wetlands. JED/KLB:kkb CITY OF MENDOTA HEIGHTS MEMO April 17, 1991 TO: Planning Commission FROM: James E. Danielson, Public Works Dire Kevin Batchelder, Administrative Assist SUBJECT: CASE NO. 91-10: Smith - Wetlands Permit DISCUSSION Tom and Jill Smith, of 625 Hampshire Drive, desire to build a deck and porch addition to their single family home along the pond in Hampshire Estates. The deck is proposed to be 334 square feet with the porch being an additional 238 square feet. The property has an existing Wetlands Permit allowing construction within eight - five feet (85') of the pond. The deck and porch are proposed to be built within sixty-five feet (65') of the pond. (See attached plans and Planner's memo). The Smith's have obtained signatures of consent from their affected neighbors and staff is recommending that the public hearing be waived, as allowed in the Wetlands Ordinance, Section 8.c. ACTION REQUIRED Consider waiving the public hearing. Meet with the applicants and make a recommendation to City Council on the requested Wetlands Permit. JED/KLB:kkb PLANNING REPORT DATE: 23 April 1991 CASE NUMBER: 91-10 APPLICANT: Thomas J. & M. Jill Smith. LOCATION: 625 Hampshire Drive ACTION REQUESTED: Wetlands Permit PLANNING, CONSIDERATIONS: 1. The subject property is one of several in this area which will require wetland permits in order to construct the second story decks which were part of the original plans for these homes. When the area around this pond was originally platted, approval was granted for the building pad locations, many of which were right up next to the 100 foot line which marks the area within which the wetland protection ordinance is enforced. The approval of these building pad locations did not consider the fact that the plans for these homes included access to second story decks which when built would extend into the area protected by the wetland ordinance. The reason for this is related to how the definition of a structure was interpreted. At the time the approvals for the building pads were granted, decks were not considered part of the "structure" and could, therefore, extend into the wetland overlay area without requiring a wetland permit. This interpretation is contrary to the definition in the Ordinance, which defines a structure as "anything constructed or erected, the use of which requires location on the ground". Clearly a deck qualifies as a structure under this definition. However, it was believed that the primary purpose of the Wetlands Ordinance, was to protect wetlands from soil erosion, loss of significant vegetation, and other adverse impacts resulting from the excavation associated with more significant structures, and to insure that structures, particularly ones intended for human occupancy, were not located in areas where they would be subject to flooding. Since the construction or alteration of decks does not trigger significant concern with respect to these criteria, the definition was not strictly enforced in these instances. Thomas J. And M. Jill Smith, Case No. 91-10 Page 2 In recent years, public awareness regarding the environmental significance of wetlands, and the delicate nature of the ecosystems which they support, has fostered more stringent interpretations of the intent of wetlands protection regulations. We now know that even minor disturbances in wetland environments can sometimes result in negative impacts on water quality and wildlife habitat. In addition, as the City becomes more developed the aesthetic value of the natural environment surrounding wetlands, within developed areas, takes on more significance for area residents. As a result we have begun to look more closely at what goes on within wetlands areas. While the construction of decks generally involves extremely little excavation, it can result in significant loss of vegetation, which can have detrimental effects on the wildlife habitat and aesthetic value of a wetland. By interpreting the definition of a structure more strictly, thus requiring wetlands permits for the construction of decks and other minor structures, we can insure that potential impacts to wetland environments are minimized. With this said, it is important to understand how the wetland ordinance is intended to work. While it is generally true that the aesthetic value of a wetland is more easily preserved if structures are kept as far from the shoreline as possible, the 100 foot line around wetlands and water related resources is not a setback line. Rather, this line defines the area within which the regulations of the Wetlands Systems Ordinance apply. Even within this area, the Wetlands Ordinance allows some land use activities. In addition, many development activities can be allowed, if they meet the criteria for a wetlands permit as outlined in Sections 6 and 7 in the Wetlands System Ordinance. In this case, the applicant proposes to construct a second story deck and a three season porch within the wetland overlay area. The three season porch, which is to be built at a later date, is within the building pad area originally approved and, therefore, does not require a wetlands permit. The sketch provided by the applicant indicates that, at its closest point, the deck would be approximately 70 feet from the shoreline of the pond (55 feet from deck to scenic easement line and 15.3 feet from easement line to shoreline). However, when we measured the distance from the deck to the scenic easement line we found it to be approximately 50 feet and the overall distance from the deck to the shoreline measures roughly 65 feet. Assuming Thomas J. And M. Jill Smith, Case No. 91-10 Page 3 the 65 foot dimension is correct, the deck would encroach approximately 15 feet further toward the pond than was previously approved for the building pad. The primary concern here is whether the proposed deck will significantly effect the aesthetic appearance of the area and whether the construction will result in the removal of vegetation other than that which is reasonably required for the placement of the deck. I visited the site and there is no vegetation in the area where the deck is to be located. The proposed deck will have a minimal impact on the aesthetic character of the area surrounding the pond. This is primarily due to the fact that the area around the pond is already developed with similar single family homes, many of which have similar decks and are visible from the homes opposite them across the pond. In addition, the Smith's lot is located in a corner of the pond and is therefore visible from fewer homes around the pond. The design of the deck is also consistent with the scale and design of the existing home and those in the immediate area. The applicants request presents no significant concerns with respect to the applicable criteria in the Wetland Systems Ordinance. We would recommend that the applicant be required to insure that appropriate precautions are taken during construction to avoid soil erosion entering the wetland and to adequately landscape the area after construction to minimize erosion and to control the rate of storm water runoff. to? SUBJECT PROPERTY :,.• NORTH t SCALE 1'1=800' -7-7—FITGHWAY - -tam- TERTTAR- - Rb • •::. .*. elp Thomas J. and M. Jill Smith 625 Hampshire Drive Mendota Heights, MN 55120 April 4, 1991 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Wetlands Permit for 625 Hampshire Drive, Mendota Heights, MN Gentlemen: We have plans to build a deck and porch behind our home at the above address. The deck would be built this year and the porch would be built at a future date. A deck was intended for this area at the time the house was built. The house has a walkout basement and an existing doorway from the kitchen one story above the ground. This door is now boarded up pending construction of a deck. The plan was designed with the deck recessed into an alcove and the porch situated to the side behind the garage to minimize the encroachment into the wetland setback. Since construction of this plan would not meet the setback requirements in the Mendota Heights Wetlands Ordinance, a Wetlands Permit is required. We are therefore applying for this permit. Sincerely, ij pi Thomas J. Smith )1/' M. Jill Smith -4,Y4 r Applicant Name: Address: City of Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Date of Application 4-9-9 Fee Paid I3l-O0 RSC -atylDri Smith. Thc¢aas J. & M. Jill (Last) (First) (MI) Owner Name: PH: 688-7444 625 Hampshire Drive, Mendota Heights, IN (Number & Street) (City) (State) Smith, Thomas Jay and Mary Jill 55120 (zip) (First) (MD Address: 625 Hanmpshi re Drivv, Mendota Heights, MN 55120 (Number & Street) (City) (State) (Zip) Street Location of Property in Question: 675 Tiampshi re Drive, MQnda1-a Hei its , MN Legal Description of Property: Lot 7, Block 1 hire Estates Type of Request: Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. Plan Approval Comprehensive Plan Amendment Applicable City Ordinance Number 402 Variance Subdivision Approval x Wetlands Permit Other (attach explanation) Section 6 Present Zoning of Property R1 Present Use Si ngl e Pauli ly Homs Proposed Zoning of Property ,R1 Proposed Use .. _u r • Oki .. I hereby declare that all statements made in this request and on the additional• material are true. Aprj 1 9, 1991 (Date) (Received by - Title) 1101 Victoria Curve • Mendota Heights, MN • 55118 452.1850 WETLANDS PERMIT 625 Hampshire Drive Mendota Heights, MN Thomas J. Smith and M. Jill Smith have plans to build a deck and porch behind their home at 625 Hampshire Drive, Mendota Heights. The deck will be constructed this year and the porch will be constructed at a later date. A sketch of the plan is attached. Since the construction does not meet the setback requirements in the Mendota Heights Wetlands Ordinance, a Wetlands Permit is required. I/We, the undersigned, have no objections to the attached plans and building the deck and porch or issuing a Wetlands Permit for this construction. �! ; '' is • s, >.i►� 1A, Jif ichols i' y Ruble Dawn Ruble— D A Bermc Lis Bermck uF' r J.n, - evenich eth ") e �arl Top the Ui _1 L1 andy Ah Address Date 633 Hampshire Drive --'= 633 Hampshire Drive �% - 6-'7/ 629 Hampshire Drive 629 Hampshire Drive 4/6// 621 Hampshire Drive 621 Hampshire Drive 617 Hampshire Drive 617 Hampshire Drive 613 Hampshire Drive 613 Hampshire DriveWV? ( 4//ft/q, Tom and Jill Smith 625 Hampshire Drive Mendota Heights, MN Deck and Porch Addition West Elevation Scale 1" = 6 ' Tom and Jill Smith 625 Hampshire Drive Mendota Heights, MN Deck and Porch Addition North Elevation Scale 1" = 6 ' Tom and Jill Smith 625 Hampshire Drive Mendota Heights, MN Deck and Porch Addition Total area Deck, Porch, and Walks 600 sq. ft. Porch 238 sq. ft. Deck 334 sq. ft. Deck to be Built Now Porch to be Built Later /1/ /107 SURVEY FOR: CENTEX HOMES DESCRIPTION: Lot 7 , Block 1 , HAMPSHIRE 6STAT1 GENERAL NOTES: 1) o - Denotes iron monument set. 2) x(e57.5) - Denotes proposed spot elevation per grading plan. 3) - Denotes direction of surface drainage. 4) Proposed garage floor elevation = I hereby certify that this survey was prepared under my supervision andthat I am a Licensed Land Surveyor under the laws of the State of Minnesota Theodore D. Kemna - Date: July 6,19 8a Lic. No. 17006 60018.012. • Prepared By: SCHOELL & MADSON, INC. Engineers • Surveyors • Planners • Soils Testing 10550 Wayzata Boulevard Minnetonka. Mn. 55343 Tel. 546-7601 •---92.So_... CBS'S .5)) rrz 51- Drainage Esmf POND �\ Drainage 3 �: Esmf. a \ n 6 a y✓ Cess.o� m s 7 � • 47,0 Oda Cbce flJ ..... City of MIA Mendota Heights April 19, 1991 Mr. and Mrs. Thomas Smith 625 Hampshire Drive Mendota Heights, MN 55120 Dear Mr. and Mrs. Smith: Your application for a tie f (avtcs ?ervt't will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, Art t 2.31.(4N( The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall in the Council Chambers. You, or a representative should plan on attending the meeting, in order that your application will receive Commission consideration. :.-1f,you have ;any; questions, `please feel , free to contact me. ` Sincerely, Kevin Batchelder - Administrative Assistant KLB:kkb May 2, 1991 City of Mendota Heights Mr. and Mrs. Thomas Smith 625 Hampshire Drive Mendota Heights, MN 55120 Dear Mr. and Mrs. Smith: Your application for a UkitlitAle6-15 will be considered by the City Council at their next meeting which will be held on Tuesday, iiAck-ki . The Council meeting starts at 7:30 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended or.00ntim.ovSk.f kL aes k_S) L.342A-kcx*--g15 6R-$ e robfaSa12. • If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant KGB: kkb 1101 Victoria Curve -Mendota Heights, MN • 55118 452.1850 List of 3.2 Non -Intoxicating Malt Liquor Licenses (On/Off Sale) To Be Approved By City Council on May 7, 1991: Tom Thumb Food Stores - Off Sale Par 3 Golf, Inc. - On -Sale LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL May 7, 1991 Asphalt License Asphalt Specialties Co. Masonry Licenses McMillan, Dan -Masonry Neuharth Co., Inc. Progressive Concrete Const., Inc. Excavating Licenses Belair Builders, Inc. Bruhn Excavating Coppin Plumbing General Licenses Bjorklund Const. Co., Inc. Conway Construction, Inc. Hollenback & Nelson, Inc. Image Builders John -David Const., Inc. Loscheider Builders Miller, Nick -Contracting, Inc. Sirny Construction, Inc. Sterling Fence, Inc. Woodsmen Builders of MN Zimmerman Exteriors :?A� :°�ti$3::�1.'.�;�i5'rt?u� rT'�'��u?e3TP�A`•_�'�'�'*�f��i?�i' 9.•L�tiaiC:C:'�,���eCR:.+�aa��.�, da"+C��i+,'4�CZ.i��'.�+`� May 7, 1991 TO: Mayor and City Council CLAIMS LIST SUMMARY: Total Claims 213,206 Significant Claims City Hall Semi Annual Lease 87,952 MWCC Monthy Swr Apr/May Sac 56,641 Winthrop Weinstine Le#al 8,089 J. Shouviller Ho Purchase(manual) 130,103 Unusual Claims Barr Engr Storm Water Study 6,840 Dakota County Treas Prop tax 10,006 Creative Color Spray painter 3,900 General Repair Water Tower 1,999 HNTB Water System Study 1,069 La Hass Asphal hot box 3,895 3 May 1991 Fri 2:01 PM Ternp Check Nurnber 1 Ternp. Check Nurnber Vendor Name Dept 10 -Adm Dept 50 -Rd& Bridge 15-Engr 60 -Utilities 5/7/91 Claims List 20 -Police 70 -Parks City of Mendota Heights 30 -Fire 80 -Planning 40 -CEO 859REcyc1ing 90 -Animal Contr&1 Account Code 1 A T & T 01-4210-110-10 1 A T & T 01-4210-020-20 1 A T & T 01-4210-030-30 1 A T & T 01-4210-030-30 1 A T & T 01-4210-050-50 5 Totals Ternp Check Nurnber 1 Ternp Check Nurnber 2 AT&T 01-4210-020-20 2 AT&T 01-4210-050-50 2 AT&T 01-4210-070-70 2 AT&T 15-4210-060-60 2 AT&T 01-4210-070-70 2 AT&T 01-4210-050-50 12 Totals Ternp Check Nurnber 2 Page 1 Comments Amount ld calls 5.86 ld calls 20.57 ld calls 1.76 ld calls 4.38 ld calls 1.71 May svc May svc May svc May svc 2nd qtr 2nd qtr 34. 28 4.40 10.52 10.53 10.53 10.50 11.45 57.93 Ternp Check Nurnber 3 3 Marvin H Anderson Const Co 10-3615 Re permit 7361 Br 2nd 600.00 3 600.00 Totals Ternp Check Nurnber 3 ' Ternp Check Nurnber 4 4 A P W A 01-4400-050-50 annual dues 25.00 4 A P W A 01-4400-070-70 annual dues 25.00 4 A P W A 15-4400-060-60 annual dues 25.00 4 A P W A 05-4402-105-15 annual dues 50.00 16 125.00 Totals Ternp Check Nurnber 4 Ternp Check Nurnber 5 5 American National Bank 5 American National Bank 10 Totais Temp Check Nurnber Ternp Check Nurnber 6 08-4200-000-00 08-4226-000-00 5 CH lease purch agree svc fee 87, 588. 75 362.80 87,951.55 6 A T 0 M 01-4400-020-20 spring conf 100.00 6 100.00 Totais Ternp Check Nurnber 6 3 May 1991 Fri 2:01 PM Ternp Check Number Ternp. Check Number Vendor Narne 7 B & J Auto Supply' 7 B & J Auto Supply' 7 B & J Auto Supply' 7 B & J Auto Supply' 7 B & J Auto Supply' 7 Claims List Page 2 City of Mendota Heights Account Code Comments Amount 01-4330-490-50 splys 23.03 01-4330-460-30 splys 10.95 01-4305-070-70 splys 10.68 01-4305-050-50 splys 32.76 01-4330-490-70 splys 108.90 35 186.32 Totals Ternp Check Number 7 Ternp Check Number 8 8 Barr Engineering Co 18-4220-700-00 Mar svc wtr res plan 6,840.30 8 6,840.30 Totals Ternp Check Number 8 Ternp Check Number 9 9 Biffs Inc 01-4200-610-70 Apr May rebt 1,056.00 9 1,056.00 Totals Ternp Check Number 9 Ternp Check Number 10 10 Beacon Sports Products Inc 01-4305-070-70 splys 356.63 10 Beacon Sports Products Inc 01-4305-070-70 splys 439.28 10 Beacon Sports Products Inc 01-4305-070-70 splys 24.00 30 819.91 Totals Ternp Check Number 10 Ternp Check Number 11 11 Board of Water Commissioners 15-4305-060-60 11 Totals Ternp Check Number 11 Ternp Check Number 12 12 Brunson Instrument 05-4305-105-15 12 Brunson Instrument 05-4305-105-15 24 Totals Ternp Check Number 12 Ternp Check Number 13 water readings 125.00 splys splys 125.00 87.65 139.80 227.45 13 Boyer Truck 01-4330-490-50 parts 191.01 3 May 1991 Fri 2:01 PM City of Mendota Heights Claims List Page 3 Ternp Check Nurnber 13 Ternp. Check Nurnber Vendor Narne Account Code Comments Amount 13 Boyer Truck 01-4330-490-50 core return 46.67cr 26 144.34 Totals Ternp Check Nurnber 13 Ternp Check Nurnber 14 14 Chapin Publishing. 33-4240-841-00 bid ad 89-7 164.00 14 164.00 Totals Ternp Check Number 14 Ternp Check Nurnber 15 15 City Motor Supply 01-4330-460-30 parts 214.85 15 City Motor Supply 01-4330-440-20 parts 91.20 15 City Motor Supply 01-4330-490-70 parts 21.48 15 City Motor Supply 01-4330-490-50 parts 31.92 15 City Motor Supply 15-4330-490-60 parts 89.68 15 City Motor Supply 01-4330-440-20 parts 86.79 15 City Motor Supply 01-4330-490-50 parts 16.56 15 City Motor Supply 15-4330-490-60 parts 68.00 15 City Motor Supply 01-4330-445-40 parts 93.77 135 714.25 Totals Ternp Check Nurnber 15 Temp Check Nurnber 16 16 City of St Paul 01-4305-020-20 Mar svc 16 Totals Ternp Check Nurnber 16 Ternp Check Nurnber 17 17 Collins Electrical Const 01-4330-490-70 rprs 17 Collins Electrical Const 01-4335-310-50 rprs 17 Collins Electrical Const 01-4335-310-70 rprs 17 Collins Electrical Const 15-4335-310-60 rprs 68 Totals Temp Check Nurnber 17 Ternp Check Nurnber 18 18 Communications Center 01-4330-440-20 rprs 2.60 2.60 156.00 52.00 52.00 52.00 312.00 70.00 18 70.00 Totals Ternp Check Nurnber 18 Ternp Check Number 19 3 May 1991 Claims List Page 4 Fri 2:01 PM City of Mendota Heights Ternp Check Number 19 Ternp. Check Number Vendor Name 19 Continental Safety Eq 19 Totals Ternp Check Number Ternp Check Number 20 20 Copy Duplicating Products 20 Account Code Comments Amount 01-4305-070-70 splys 111.83 111.83 19 01-4305-050-50 Apr copies 6.90 6.90 Totals Ternp Check Number 20 Temp Check Number 21 21 Creative Colors 21 Creative Calors 01-4305-070-70 splys • 31.86 01-4620-070-70 graco spray painter 3,900.00 42 3,931.86 Totals Temp Check Number 21 Ternp Check Number 22 22 Custom Fire Apparatus 22 Totals Ternp Check Number 01-4305-030-30 22 splys Ternp Check Number 23 23 Dakota County Tech Inst 01-4400-030-30 haz matl trng 23 • Totals Ternp Check Number 23 Ternp Check Number 24 24 Dakota County Treas 09-4473-000-00 1st 1/2 tax Mendakota 24 Dakota County Treas 36-4473-843-00 Re Bridgeview shores 24 Dakota County Treas 01-4490-110-10 Re Ivy Hill outlot 72 Totals Ternp Check Number 24 Ternp Check Number 25 Jaynes Danielsen 25 Totals Ternp Check Number 25 Ternp Check Number 26 05-4415-105-15 25 17.80 17.80 1,980.00 1,980.00 9.925. 19 43.72 37.57 10,006.48 May allow 120.00 120.00 26 D A R E America 01-2127 splys 170.78 3 May 1991 Claims List Page 5 Fri 2:01 RM City of Mendota Heights Ternp Check Nurnber 26 Temp. Check Nurnber Vender Name Account Code 26 Totals Ternp Check Nurnber 26 Ternp Check Nurnber 27 27 Discorn of Minn Inc 01-4330-440-20 27 Totals Ternp Check Nurnber 27 Ternp Check Nurnber 28 28 Dermis Delmont 01-4415-020-20 28 Totals Ternp Check Nurnber 28 Temp Check Nurnber 29 Comments rprs May allow 29 Dennis Sport Shap 01-4305-070-70 park splys 29 Totals Ternp Check Nurnber 29 Ternp Check Nurnber 30 30 Fieldstone Cabinentry Inc 01-4131-020-20 30 Totals Ternp Check Nurnber 30 Ternp Check Nurnber 31 31 First Interstate Bank Trustee 01-2071 31 First Interstate Bank Trustee 01-4132-020-20 31 First Interstate Bank Trustee 01-4132-050-50 93 Totals Ternp Check Nurnber 31 Ternp Check Nurnber 32 32 Franz Engr 05-4305-105-15 32 Franz Engr 05-4305-105-15 32 Franz Engr 05-4305-105-15 96 Totals Ternp Check Nurnber 32 Re Garlock May May prern May prern May prern splys splys splys Amount 170.78 63.00 63.00 120.00 120.00 348. 10 348.10 78. 00 78. 00 177.51 83.31 42. 53 303. 35 38.07 22.40 23.80 84. 27 Ternp Check Nurnber 33 33 Freeway Radiator Svc 01-4330-440-20 rprs 2292 45.00 3 May 1991 Fri 2:01 PM City of Mendota Heights Claims List Page 6 Ternp Check Nurnber 33 Ternp. Check Nurnber Vendor Narne Account Code Comments Amount 33 Freeway Radiator Svc 01-4330-490-50 rprs 308 416.00 66 461.00 Totals Ternp Check Nurnber 33 Ternp Check Nurnber 34 34 G 0 A Corp 01-1210 oil 34 Totals Ternp Check Nurnber 34 Ternp Check Nurnber 35 35 General Repair Service 15-4330-490-60 wtr tower rprs 35 Totals Ternp Check Nurnber 35 Ternp Check Nurnber 36 36 Goodyear Service Store 01-4330-490-50 o/chg credit 36 Goodyear Service Store 01-4330-490-50 tires 302 214.50 214.50 1,999.09 1.9'39.09 8.00cr 131.80 72 123.80 Totals Ternp Check Nurnber 36 Ternp Check Nurnber 37 37 Hdwe Hank 01-4305-070-70 splys 37 Hdwe Hark 01-4305-070-70 disc 74 Totals Ternp Check Nurnber 37 Ternp Check Nurnber 38 38 H N T 8 18-4220-700-00 Re local wtr plan 38 Totals Ternp Check Nurnber 38 Ternp Check Nurnber 39 39 Hooter Sportswear 01-4410-020-20 splys 39 Totals Ternp Check Nurnber 39 Ternp Check Nurnber 40 40 I 0 S 01-4330-490-10 May rntcn 46. 12 4. 61cr 41.51 1,068.64 1,068.64 39.00 39.00 28.90 3 May 1991 Claims List Page 7 Fri 2:01 PM City c.f Mendota Heights Ternp Check Nurnber 40 Ternp. Check Number Vendor Narne Account Code 40 I 0 S 01-4330-460-30 40 I 0 S 01-4330-445-40 40 I 0 S 01-4330-490-50 40 I 0 S 01-4330-490-70 40 I 0 S 15-4330-490-60 40 I 0 S 05-4330-490-15 40 I 0 S 01-4268-085-85 40 I 0 S 01-4490-109-09 360 Totals Ternp Check Nurnber 40 Ternp Check Nurnber 41 Comments Arncarnt May rntcn 28.90 May rntcn 28.90 May rntcn 28.90 May rntcn 28.90 May rntcn 28.95 May rntcn 28.95 May rntcn 4.60 May rntcn 23.00 230. 00 41 1 C 11 RT 01-2072 4/5 payroll 175.72 41 ICMA RT 01-4134-110-10 4/5 payroll 91.32 41 ICMA RT 01-2072 4/19 payroll 175.72 41 ICMA RT 01-4134-110-10 4/19 payroll 91.32 164 534.08 Totals Ternp Check Nurnber 41 Ternp Check Nurnber 42 42 Paul Kaiser 01-4268-150-30 42 Paul Kaiser 01-4415-030-30 84 Totals Ternp Check Nurnber 42 Ternp Check Nurnber 43 Apr svc Apr svc 1, 302.60 14.57 1,317.17 43 Kar Products 01-4305-050-50 splys 45.18 43 45.18 Totals Ternp Check Nurnber 43 Ternp Check Nurnber 44 44 Knox Commercial Credit 01-4305-050-50 splys 11.84 44 11.84 Totals Ternp Check Nurnber 44 Ternp Check Nurnber 45 45 Knutson Rubbish Service 08-4335-000-00 Apr svc 59.83 45 59.83 Totals Ternp Check Nurnber 45 Ternp Check Nurnber 46 3 May 1991 Claims List Page 8 Fri 2:01 PM City of Mendota Heights Ternp Check Number 46 Ternp. Check Number Vendor Name 46 Thomas Knuth 46 Thomas Knuth 46 Thomas Knuth 46 Thomas Knuth 184 Totals Ternp Check Number Ternp Check Number 47 47 K C I Landscape 47 Totals Ternp Check Number Ternp Check Number 48 Account Code 72-4415-835-00 09-4415-000-00 05-4415-105-15 05-4415-105-15 46 01-4330-490-70 47 Ccornrnerits Amount proj mi 8.25 pro i mi 152.07 rnisc rni 8.25 May allow 10.00 swpg svc 178.57 135.00 135.00 i 11 48 Krechs Office Machines 01-4300-110-10 splys 16.00 48 Krechs Office Machines 01-4300-110-10 splys 8.35 48 Krechs Office Machines 01-4300-020-20 splys 8.30 48 Krechs Office Machines 01-4300-030-30 splys 8.30 48 Krechs Office Machines 01-4300-050-50 splys 8.35 48 Krechs Office Machines 01-4300-070-70 splys 8.30 48 Krechs Office Machines 15-4300-060-60 splys 8.35 336 65.95 Totals Ternp Check Number 48 ) Ternp Check Number 49 49 L E L S 01-2075 49 Totals Ternp Check Number 49 Ternp Check Number 50 50 League of MN Cities 01-2074 50 League of MN Cities 01-4131-020-20 100 Totals Ternp Check Number 50 Ternp Check Number 51 51 La Hass Mfg & Sales 01-4620-050-50 51 Totals Ternp Check Number 51 Ternp Check Number 52 52 Landcare Eq 01-4305-070-70 May dues 242.00 May prem May prem 242.00 357.01 813.27 1,170.28 asphalt hot box 3,895.00 3, 895.00 splys 50.53 3 May 1991 Claims List Page 9 Fri 2:01 PM City of Mendota Heights Ternp Check Nurnber 52 Ternp. Check Nurnber Vender Narne Account Code Comments Amount 52 50.53 Totals Temp Check Nurnber 52 Ternp Check Nurnber 53 53 Langula Hdwe 01-4330-490-70 rprs 18.40 53 18.40 Totals Ternp Check Nurnber 53 Ternp Check Nurnber 54 54 M Thomas Lawell 01-4415-110-10 May allow 175.00 54 175.00 Totals Ternp Check Nurnber 54 Ternp Check Nurnber JJ 55 Leef Bros 55 Leef Bros 55 Leef Bras 165 Totals Ternp Check Nurnber Ternp Check Nurnber 56 56 Lynn Peavey 56 Totals Ternp Check Nurnber Ternp Check Nurnber 57 01-4335-310-50 01-4335-310-70 15-4335-310-60 J5 01-4305-020-20 56 57 M R Sign Co Inc 01-4420-050-50 57 M R Sign Co Inc 01-4420-050-50 114 Totals Ternp Check Nurnber 57 Ternp Check Nurnber 58 58 Mendota Heights Rubbish' 01-4280-310-50 58 Mendota Heights Rubbish' 01-4280-310-70 58 Mendota Heights Rubbish' 15-4280-310-60 58 Mendota Heights Rubbish' 01-4280-315-30 232 Totals Temp Check Nurnber 58 - Apr svc Apr svc Apr svc 9.96 9.96 9.96 29.88 splys 40.50 signs credit Apr svc Apr svc Apr svc Apr svc i 40.50 485.95 8. 60cr 477.35 30.40 30.40 30.56 42.40 133.76 3 May 1991 Fri 2:01 PM City of Mendota Heights Claims List Page 10 Ternp Check Number 59 Ternp. Check Number Vendor Narne Account Code Comments Amount 59 Microsoft Update 01-4301-030-30 update 134.50 59 134.50 Totals Ternp Check Number 59 Ternp Check Number 60 60 Metro Waste Control 15-4448-060-60 Mar sac chgs 8,450.00 60 Metro Waste Control 15-3615 Mar sac 84.50cr 60 Metro Waste Control 09-4460-000-00 Mar sac chgs 1,287.00 60 Metro Waste Control 15-4448-060-60 Apr sac chgs 11,050.00 60 Metra Waste Control 15-3615 Apr sac chgs 110.50cr 60 Metro Waste Control 15-4449-060-60 May svc 38,845.08 60 Metro Waste Control 17-3575 May svc 2,796.08cr 420 56,641.00 Totals Ternp Check Number 60 Temp Check Number 61 61 Midwest Business Products 61 Totals Ternp Check Number Ternp Check Number 62 62 Midwest Photo Svc 62 Totals Ternp Check Number Ternp Check Number 63 01-4300-110-10 61 01-4305-020-20 62 splys 5.44 5.44 Apr svc 47.45 47.45 63 Miller Printing 01-4300-030-30 splys 145.00 63 Miller Printing 01-4300-110-10 splys 38.85 63 Miller Printing 01-4300-020-20 splys 38.85 63 Miller Printing 01-4300-030-30 splys 38.85 63 Miller Printing 01-4300-050-50 splys 38.85 63 Miller Printing 01-4300-070-70 splys 38.85 63 Miller Printing 15-4300-060-60 splys 38.85 63 Miller Printing 05-4300-105-15 splys 38.90 63 Miller Printing 01-4300-020-20 splys 22.35 63 Miller Printing 01-4300-030-30 splys 22.35 63 Miller Printing 01-4300-050-50 splys 22.30 63 Miller Printing 01-4300-110-10 splys 92.00 756 576.00 Totals Ternp Check Number 63 Ternp Check Number 64 64 Miller Printing 01-4300-040-40 splys 184.00 3 May 1991 Fri 2:01 PM City of Mendota Heights Claims List Page 11 Ternp Check Nurnber 64 Ternp. Check Number Vendor Narne 64 Miller printing 128 Totals Ternp Check Nurnber Ternp Check Nurnber 65 65 Minn Cellular Tele Co 65 Minn Cellular Tele Co 65 Minn Cellular Tele Co 195 Totals Ternp Check Nurnber Ternp Check Nurnber 66 Account Code 15-4300-060-60 64 01-4200-610-20 01-4200-610-20 01-4200-610-30 65 Cc.rnrnent s Amount splys 92.00 May svc May svc May svc 276.00 6.15 4.95 5.70 16.80 66 Minn DARE Assn 01-2127 dues 10.00 66 10.00 Tc.tals Ternp Check Nurnber 66 Temp Check Number 67 67 Mina Mutual Life Ins 01-2072 4/19 payrc•11 400.00 67 Minn Mutual Life Ins 01-2074 May prern 94.25 67 Minn Mutual Life Ins 01-4131-110-10 May prern 1.70 67 Minn Mutual Life Ins 01-4131-020-20 May prern 5.10 67 Minn Mutual Life Ins 01-4131-070-70 May prern 3.40 67 Minn Mutual Life Ins 08-4110-000-00 Apr May prern 3.40 402 507.85 Totals Ternp Check Nurnber 67 Ternp Check Nurnber 68 68 Minnesota Benefit Assn 01-2074 May prern 68 Minnesota Benefit Assn 01-4131-110-10 May prern 68 Minnesota Benefit Assn 05-4131-105-15 May prern 68 Minnesota Benefit Assn 01-4131-020-20 May prern 68 Minnesota Benefit Assn 01-4131-050-50 May prern 68 Minnesota Benefit Assn 01-4131-070-70 May prern 68 Minnesota Benefit Assn 15-4131-060-60 May prern 476 Tc.tals Ternp Check Nurnber 68 Ternp Check Nurnber 69 69 Minnesota Teamsters Loc 320 01-2075 69 Totals Ternp Check Nurnber 69 172.66 251.88 377.78 680.81 235.32 374.98 116.90 2,210.33 May dues 222.00 222. 00 3 May 1991 Claims List page 12 Fri 2:01 PM City of Mendota Heights Ternp Check Nurnber 70 Temp. Check Nurnber Vendor Narne 70 Minnesota Toro Inc 70 Totals Ternp Check Nurnber Ternp Check Nurnber 71 Account Code Comments Amount 01-4305-050-50 splys 352.91 352.91 70 71 Mn Dept public Safety 01-4200-610-20 71 Mn Dept Public Safety 01-4200-610-20 142 Totals Ternp Check Nurnber 71 Ternp Check Nurnber 72 72 Natl Fire Protection 01-4402-030-30 72 Totals Ternp Check Nurnber 72 Ternp Check Nurnber 73 1st qtr chgs 150.00 1st qtr chgs 90.00 240.00 91 dues 75.00 75. 00 73 Neenah Foundry 01-4337-050-50 grate 450.00 73 450.00 Totals Ternp Check Nurnber 73 Ternp Check Nurnber 74 74 Northern State Power 15-4211-400-60 May svc 2.36 74 2.36 Totals Temp Check Nurnber 74 Ternp Check Nurnber 75 75 Northwest Chapter FBINAA 01-4400-020-20 regr Delmont 95.00 75 95.00 Totals Ternp Check Nurnber 75 Ternp Check Nurnber 76 76 Oakcrest Kennels 01-4221-800-90 Apr svc 76 Oakcrest Kennels 01-4225-800-90 Apr svc 155.00 156.00 152 311.00 Totals Ternp Check Nurnber 76 Ternp Check Nurnber 77 77 Outdoor Design 01-4305-050-50 splys 186.20 3 May 1991 Fri 2:01 PM City of Mendota Heights Claims List Page 13 Ternp Check Number 77 Ternp. Check Number Vendor Narne Account Code Comments Amount 77 186.20 Totals Ternp Check Number 77 Ternp Check Number 78 78 Oxygen Service Co 08-4335-000-00 act thru 4/15 13.50 78 Oxygen Service Co 01-4305-030-30 act thru 4/15 13.50 156 27.00 Totals Ternp Check Number 78 Ternp Check Number 79 79 Pioneer Rim & Wheel 01-4330-490-70 splys 68.56 79 68.56 Totals Ternp Check Number 79 Ternp Check Number 80 80 Public Ernpl Ret Assn 01-2074 May prem 45.00 80 Public Ernpl Ret Assn 01-4131-110-10 May pprern 9.00 160 54.00 .0 Totals Ternp Check Number 80 Ternp Check Number 81 81 Brad Ragan Inc 01-4330-490-70 81 Totals Ternp Check Number 81 Ternp Check Number 82 82 S & T Office Products 82 S & T Office Products 164 Totals Ternp Check Number Ternp Check Number 83 01-4300-020-20 01-4300-040-40 82 rprs splys splys 166.88 166.88 22.87 2.47 25.34 83 Sanitary Products Co .08-4335-000-00 splys 213.65 83 213.65 Totals Ternp Check Number 83 Ternp Check Number 84 84 Donald Salverda & Assoc 01-4400-109-09 team bldg wkshp 895.80 84 895.80 3 May 1991 Fri 2:01 PM City of Mendota Heights Claims List pace 14 Ternp Check Number 84 Ternp. Check Number Vendor Name Account Code Totals Ternp Check Number 84 Ternp Check Number 85 85 School Tech Inc 85 Totals Ternp Check Number Ternp Check Number 86 86 Schurnachers Inc 86 Totals Ternp Check Number Ternp Check Number 87 01-4305-070-70 85 01-4305-050-50 86 87 L E Shaughnessy Jr 01-4220-132-10 87 L E Shaughnessy Jr 05-4220-132-15 87 L E Shaughnessy Jr 15-4220-132-60 87 L E Shaughnessy Jr 03-4220-132-00 87 L E Shaughnessy Jr 21-4220-132-00 87 L E Shaughnessy Jr 14-4220-132-00 87 L E Shaughnessy Jr 16-4220-132-00 609 Totals Ternp Check Number 87 Ternp Check Number 88 Comments Amount splys 32.59 32. 59 splys 247.30 Apr svc apr svc Apr svc Apr svc Apr svc Apr svc Apr svc 247.30 1,577.90 160.60 256.95 144.55 192.70 1,324.95 357.35 4,015.00 88 Snap On Tools 15-4305-060-60 splys 22.08 88 22.08 Totals Ternp Check Number 88 Ternp Check Number 89 89 Snyder Drug Stores 01-4305-030-30 splys 3.43 89 Snyder Drug Stores 01-4305-030-30 splys 8.36 89 Snyder Drug Stores 01-4305-030-30 splys 8.58 89 Snyder Drug Stares 01-2127 splys dare 15.38 89 Snyder Drug Stores 05-4305-105-15 splys 2.99 445 38.74 Totals Ternp Check Number 89 Ternp Check Number 90 90 Spectrum Cornp & printer Rpr 01-4330-490-10 rprs 166.50 3 May 1991 Fri 2:01 PM City of Mendota Heights Claims List Page 15 Ternp Check Nurnber 90 Ternp. Check Nurnber Vendor Name Account Code Comments Amount 90 Spectrurn Comp & Printer Rpr 05-4330-490-15 rprs 483.00 90 Spectrurn Cc.rnp & Printer Rpr 01-4300-110-10 splys 45.00 90 Spectrurn Comp & Printer Rpr 01-4300-110-10 splys 147.00 360 841.50 Totals Ternp Check Nurnber 90 Ternp Check Nurnber 91 91 Southview Chev 01-4330-440-20 part 2244 58.80 91 58.80 Totals Ternp Check Nurnber 91 - Ternp Check Nurnber 92 92 St Paul Stamp Warks 01-4490-800-90 dog tags 92 Tc.tals Ternp Check Nurnber 92 Ternp Check Nurnber 93 56.15 56.15 93 Station Nineteen Arch, Inc 09-4220-000-00 Re Park selter 467.14 93 467.14 Tc.tals Ternp Check Nurnber 93 Ternp Check Nurnber 94 94 State Treasurer 01-3315 94 State Treasurer 15-3315 94 State Treasurer 01-3615 282 Totals Ternp Check Nurnber 94 1st qtr s/chgs 1st qtr s/chgs 1st qtr s/chgs 3,328.72 8.50 133. 42cr 3.203.80 Ternp Check Nurnber 95 95 Sterling Electric 01-4305-070-70 splys 375.24 95 375.24 Totals Ternp Check Nurnber 95 Ternp Check Nurnber 96 96 System Service Co 01-4305-070-70 96 System Service Co 15-4330-490-60 192 Totals Ternp Check Nurnber 96 splys rprs 0.00 164.89 164.89 3 May 1991 Claims List Page 16 Fri 2:01 PM City of Mendota Heights Ternp Check Number 97 Ternp. Check Number Vendor Narne Account Code Comments Amount 97 Sun Newspapers 01-4240-080-80 Re Mueller 17.36 97 Suri Newspapers 01-4240-080-80 Re HNTB 24.80 97 Sun Newspapers 72-4240-835-00 Re 86-4 101.68 97 Sun Newspapers 01-4240-110-10 Re assrnts 8.68 388 152.52 Totals Ternp Check Number 97 Ternp Check Number 98 98 Structural Wood Corp 01-4305-070-70 Park spls 249.20 98 249.20 Totals Ternp Check Number 98 Temp Check Number 99 99 Tractor Supply 01-4305-070-70 splys 23.75 99 23.75 Totals Ternp Check Number 99 Ternp Check Number 100 100 U S West Communications 01-4210-110-10 100 U S West Communications 01-4210-020-20 100 U S West Communications 01-4210-040-40 100 U S West Communications 05-4210-105-15 100 U S West Communications 15-4210-060-60 100 U S West Communications 01-4210-030-30 100 U S West Communications 01-4210-050-50 100 U S West Communications 01-4210-070-70 800 Totals Ternp Check Number 100 'Ternp Check Number 101 Apr svc Apr svc Apr svc Apr svc Apr svc Apr svc Apr svc Apr svc 294.09 368.40 52. 72 157.31 100.30 110.60 49.75 49.75 1,182.92 101 United Electric Co 01-4305-030-30 splys 47.45 101 47.45 Totals Ternp Check Number 101 Ternp Check Number 102 102 United Way St Paul 102 Totals Ternp Check Number Ternp Check Number 103 01-2070 102 May ccmtr 196.00 196.00 103 Vision Energy 01-4305-050-50 splys 80.45 3 May 1991 Fri 2:01 PM City of Mendota Heights Ternp Check Number 103 Claims List page 17 Ternp. Check Number Vendor Name Account Code Comments Amount 1- 03 80.45 Totals Ternp Check Number 103 Ternp Check Number 104 104 West Weld 01-4305-050-50 splys 23.88 1- 04 23.88 Totals Ternp Check Number 104 Temp Check Number 105 105 Western Life Ins 01-4132-031-30 May prem 146.20 105 146.20 Totals Ternp Check Number 105 Ternp Check Number 106 106 Winthrop & Weinstine 01-4221-120-10 Mar retaine 528.40 106 Winthrop & Weinstine 01-4222-120-20 Mar pros 1,415.65 106 Winthrop & Weinstine 01-4220-120-80 Mar Re Linvill 517.00 106 Winthrop & Weinstine 58-4220-863-00 Mar Re Marin 3,823.52 106 Winthrop & Weinstine 01-4220-120-80 Mar Re Centex 716.97 106 Winthrop & Weinstine 01-4220-120-80 Mar Re Pentel 744.92 106 Winthrop & Weinstine 16-4220-120-00 Mar Re Hanson 97.20 106 Winthrop & Weinstine 16-4220-120-00 Mar Re Schoveller 245.80 848 8,089.46 Totals Ternp Check Number 106 Ternp Check Number 107 107 Zee Medical Svc 01-4305-050-50 splys 16.10 107 Zee Medical Svc 01-4305-070-70 splys 16.10 107 Zee Medical Svc 15-4305-060-60 splys 16.10 3- 21 48.30 Totals Temp Check Number 107 13412 213, 205.59 Brand Total MANUAL CHECKS 13091 35.50 13092 2,500.00 13093 2,360.65 13094 135.00 13095 133.62 13096 6.00 13097 60.00 13098 3,514.52 13099 95.00 13100 105.00 13101 162.50 13102 300.00 13103 7,951.69 13104 13,946.98 13105 3,243.79 13106 43,501.12 13107 130,102.76 13108 311.00 13109 100.00 13110 3,900.00 13111 1,295.00 13112. • 15.00 13113-116 90.00 13117 49.39 213,914.52 G.T. 427,120.11 Washington County U. S. Post Office HNTB Mpls Technical College Discom State of Minn Derre & Co SCCU Bd of Water Tom Shields Dakota County Bank PERA Dakota County Bank Comm of Revenue Payroll a/c J Shouveller Ruttgers Bay Lkke STC Soo Lame RR Spectrum No Star Chap ICBG softball umpires Holiday Warrant refill postage meter Re water study regr past due invoices insp decals P. W. splys P. W. 4/19 payroll dedcitions Re 89-6I Re 89-6F P. D. Softball 4/19 payroll deductions 4/5 payroll 4/19 w/h 4/19 sit 4/19 net payroll property purchase regr Delmont state fire schl regr easement hard drive 5/3 meetting p.d. supplies CITY OF MENDOTA HEIGHTS MEMO To: Mayor, City Council and City Admini From: Kevin Batchelder, Administrative Assistant�:� Subject: Acknowledge Receipt of Award from Dakota County Recognizing Recycling Accomplishments for 1990 DISCUSSION On April 23, 1991 the Dakota County Board of Commissioners held a Recognition Reception for the local communities that are involved in the Landfill Abatement Program, more commonly known as the Recycling Program. They presented the City of Mendota Heights with a plaque recognizing the recycling efforts of our residents and acknowledging the fact that our recycling program met all the goals for 1990. In 1990 the City of Mendota Heights had to meet a recycling goal of 12% residential solid waste abatement in order to receive 100% of our funding from the County. Twelve percent waste abatement was determined to be 534 tons of recycling for Mendota Heights based on population and the amount of trash generated per person per day. The following is a breakdown of Recycling in Mendota Heights for 1990: Source 1. Curbside Program (Eight licensed haulers) 2. Goodwill Dropoff Trailer 3. Yard Waste (County facilities) 4. Other Dropoff (Tires, batteries, appliances) 1990 Total 1990 Goal Tons 608.8 114.3 345.8 80.5 1,149.4 534.0 It is appropriate that the plaque thanks the residents of Dakota County and Mendota Heights for their recycling efforts. Dakota County recycled 32% of their residential solid waste in 1990, one of the most outstanding efforts in the nation. Mendota Heights residents are a large part of this effort and should be congratulated for being part of the solution. (I have attached a photocopy of the plaque which will be on display Tuesday evening, also attached are some charts highlighting recycling progress in Dakota County.) ACTION REQUIRED If Council so desires, they should pass a motion to acknowledge and accept the Recognition Award from the County Board of Commissioners on behalf of the citizens of Mendota Heights. DURING 1990, YOU HELPED MAKE OUR EARTH AND DAKOTA COUNTY CLEANER. By recycling, you kept nearly 72 million pounds of waste pr(xluced in your honor's from going into landfills more than 30'X of the solid ctiaste produced in Dakota County. And you're lvvii on your way to meeting Dakota County's goal of recycling 35 percent of the waste stream by 1992. NOW )(MIRE In:C'Y('I.IN(G ALI. TI I1:S1: MATI:IZIAI.s AT CURBSIDE: • Newspapers • Glass containers • Metal kxxl and beverage cans • Plastic bottles with necks • Corrugated c:ardlx)ard By next Earth Day, you'll be recycling other plastic items. You've composted yard waste, too. either in your own yard or at a public compost site You've recognized your part in the solu tion to our garbage problem, and you've helped make Dakota County a state and national model for recycling. Dakota County's integrated approach of waste reduction. recycling, and resource recovery will further reduce the hundreds of tons of garbage going into landfills in Dakota County every day. For more information, call the Dakota County Info Line, 438 -INFO (4636). A nws'ege from the Dakota County Board of Commissioners. with funding from the Solid Waste Enterprise Fund 1990 ANNUAL REPORT Community: 111.4Y-Nint. a. isito. \r, Contact: Phone: 4, - 1Z5rm MATERIAL: TONS: CURBSIDE: Newsprint: 111.3 43D ---ig • (4)C___)A._ • I 53.-2_. Glass: 143.-1.5 • q . 5 • Beverage: 33.51 ,DC1-0-1 • I. s • Food Cans: ,- Plastics: La5 ____ . 4 q • Corrugated: I•D...._ 1..D., Hshld Goods: I-11. 1-1 1-11.34-1 • Appliances: . B_O_L_Ni ta0.1;) • LA Batteries: Alag Used Oil: Tires: n.(0.8 - z. 1-7.ua.• Other: &..10...p • . 05 1 si 5 • DROP: Yardwaste: TOTAL: 32,-35,3S a v1.04 • ps3-24 T:509 3a1-1‘31 cc.01.65) (ii6-.4(7) 1990 Goal: 1990 33% Yardwaste: Residential Recycling: Abbreviated Total: 1) rt ••( 43 KR, k -v -cg rt.rt 4-- 17(.•2_7. -803. t_ 150 s-2_ crzet . ct 0 1.9 19 \c6e- v—d1 . A - DAKOTA COUNTY JEFFREY J. CONNELL DIRECTOR (612) 891-7030 DEPARTMENT OF PLANNING & PROGRAM MANAGEMENT Fax (612) 891-7031 14955 GALAXIE AVENUE APPLE VALLEY, MINNESOTA 55124-8579 MEMORANDUM TO: Local Recycling Staff FROM: Gayle Prest, Recycling Sta DATE: March 20, 1991 RE: Final 1990 Recycling Figures Enclosed are graphs related to the 1990 residential recycling program and a one page overview of your community's figures. The appliance numbers were calculated by Mike based on numbers he received from area dealers by zip code. The yardwaste numbers were calculated by Warren Wilson using sources both inside and outside of the County. Used oil burned as fuel does not meet the State's definition of recycling and we could not locate any supplies that were not burned. • Motor vehicle batteries were calculated on a per person basis using the State's formula. Tires were calculated on a per person basis using the State's generation formula and an estimate that 18% were recycled (versus burned as fuel). Its estimated that a little over 30% of Dakota County's residential waste was recycled/composted in 1990! If you have any questions please do not hesitate to contact me. AN EQUAL OPPORTUNITY EMPLOYER Residential Recycling Comparison * 30000 20000 10000 0 Tons 1988 Actual 1989 Actual ' Includes all recycling and yardwaste 1990 Goal 1990 Actual 7500 7000 6500 6000 5500 5000 4500 4000 3500 3000 2500 2000 1500 1000 500 0 Total Residential Recycling/Yard Waste* By Community r Tons A.V. Burn Eag Farm Hast IGH Lake Lily Mdta Md a Rmt SSP SLk WSP Rural Hght Community ® 1989 Actual M1990 Goal EM11990 Actual ' Total includes all recycling and yardwaste 3000 2000 1000 Residential Recyclables Collection* By Community Tons A.V. Burn Eag Farm Haat IGH Lake Lily Mdta Mndt Rsmt SSP S Lk WSP Rural Misc Hght County Community • Yard waste not Included 1.111989 Recyclables M1990 Recyclables Yardwaste Collection By Community Tons A.V. Burn Eaq Farm Hast IGH Lake Lily Mdta Mndt Rsrnt SSP 5 Lk W5P Rural M sc light County Community ®1989 Yardwaste ®1990 Yardwaste 'Lllydale, Mendota, Sunfish Lake and the Rural area collect less yardwaste due to backyard composting and make-up of city J Pounds 500 400 300 200 100 Per Capita Recycling Rate* By Community A.V. BURN EAGAN FARM HAST IGH LAKE LILY Community • The above rates reflect figures for drop-off sites in a specific city, but material is received from other cities MHTS RSMT SSP S LK WSP RURAL NE1989 Rate ®1990 Goal 01980 Rate I 1100 1000 900 800 700 600 500 400 300 200 100 0 Recyclables Collection Center Tonnages Dakota County, MN Jan Feb Mar Apr May Jun Jul 1 1990. Sep Oct Nov Dec Jan 11991 MI News and Off. Paper Glass Beverage & Tin Cans Total * Plastics started 7/90, July 1595 lbs Aug 6140 lbs, Sept 5691, Oct 6872 lbs, Nov 8400 lbs, Dec 6970 lbs, Jan 14164 Ib CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council and City Adminis FROM: Klayton H. Eckles, Civil Engineer May 2, 1991 SUBJECT: Sewers, Water, Streets Mendota Woods Job No. 8922, Improvement No. 89, Project No. 7 DISCUSSION: On Thursday the developer submitted the final plat of Mendota Woods subdivision for Council approval. Staff has reviewed the final plat and finds that it conforms to the preliminary plat. Some addi- tional easements have been added, and some lot lines have been adjust- ed, but no major changes have been made. The developer is contemplat- ing replatting parts of Lot 8, 11, and Outlot A in order to obtain one more lot, but that would take place at a future date after this final plat is approved, and it would be subject to a full examination via the planning process. The developer has also submitted the covenants. Recall that Council insisted that the covenants include a statement notifying prospective buyers of the proximity to the airport and the need for special noise retarding construction and a statement notifying buyers of the proposed zoning in the area. The covenants submitted include this information (see attached). At 10:00 A.M., Thursday, the bids were opened for this project. Of the 12 bids received (see attached resolution), F.F. Jedlicki was the low bidder at $81,993.40. The engineer's estimate was $114,000 so this bid appears to be extremely competitive. F.F. Jedlicki has consistently been our best contractor during the past several years. Even with this very competitive bid, staff is confident Jedlicki can complete the job satisfactorily. RECOMMENDATION: Staff recommends Council approve the final plat as submitted for Mendota Woods, accept the bids and award the contract for the improve- ments to F.F. Jedlicki, Inc. ACTION REQUIRED: If Council concurs with the staff recommendation they should pass a motion adopting Resolution No. 91- , RESOLUTION APPROVING FINAL PLAT FOR MENDOTA WOODS and Resolution No. 91- , RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE MENDOTA WOODS (IMPROVE- MENT NO. 89, PROJECT NO. 7) City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION APPROVING FINAL PLAT FOR MENDOTA WOODS WHEREAS, a final plat for Mendota Woods has been submitted to the Council; and WHEREAS, the City Council has reviewed said final plat; and WHEREAS, the Developer has included a statement in the covenants which inform prospective buyers of Airport Noise Zone IV building requirements and of proposed zoning for the surrounding area. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the final plat of Mendota Woods submitted at this meeting is hereby approved. 2. That the appropriate City officials be and they are hereby authorized to execute the final plat on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 7th day of May, 1991. • CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE MENDOTA WOODS (IMPROVEMENT NO. 89, PROJECT NO.7) WHEREAS, pursuant to an advertisement for bids for the proposed con- struction of sanitary and storm sewer, water and street, curb and gutter improvements to serve Mendota Woods and adjacent areas (which improvements have heretofore been known and designated as Improvement No. 89, Project No. 7), bids were received, opened and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER AMOUNT OF BID F.F. Jedlicki, Inc. Eden Prairie, MN Erickson Construction, Inc. Burnsville, MN Dave Perkins Contracting, Inc. Anoka, MN Ryan Contracting, Inc. Lakeville, MN B.& D. Underground, Inc. Maple Plain, MN Excel Utilities Company, Inc. Lakeville, MN Friedges Landscaping, Inc. Lakeville, MN Widmer, Inc. St. Bonifacius, MN Volk Sewer & Water, Inc. Brooklyn Park, MN C.C.S. Contracting New Brighton, MN Brown & Cris, Inc. Lakeville, MN Northdale Construction Co., Inc. Rogers, MN and $ 81,993.40 $ 89,766.05 $ 98,156.00 $101,849.00 $104,808.00 $108,424.50 $108,771.75 $112,709.50 $117,120.65 $120,896.00 $140,326.20 $142,157.70 WHEREAS, the City Engineer has recommended that F.F. Jedlicki, Inc. of Eden Prairie, Minnesota, be declared the lowest responsible bidder. 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 project are hereby received and ac- cepted. 2. That F.F. Jedlicki, Inc. of Eden Prairie, Minnesota, is hereby declared to be the lowest responsible bidder. 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of the bid for the above described improvements to F.F. Jedlicki of Eden Prairie, Minnesota. 4. That the City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council of the City of Mendota Heights this 7th day of May, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS MEMO May 1, 1991 TO: Mayor and City Council FROM: Tom Lawell, City Administrator SUBJECT: Furlong Assessment Abatement Policy and Procedures Guide INTRODUCTION The City has received word from the Dakota County Housing and Redevelopment Authority (HRA) that our application for Community Development Block Grant (CDBG) Funds to assist in the installation of public utilities within the Furlong area has been approved. Before applications are accepted by the HRA from neighborhood residents, the City needs to adopt the Policy and Procedures which will govern the application and fund allocation process. A recommended Policy and Procedures Guide is attached for your consideration. DISCUSSION The attached Policy and Procedures Guide was modeled from a document provided by the Dakota County HRA. Important aspects of the Policy are summarized as follows: 1. The Dakota County HRA will handle all administrative details related to processing the applications. 2. Fund availability is limited to those residents who are owner occupants. 3. The Program is an outright grant program, not a loan or deferment program. Total CDBG Funds available for distribution to the neighborhood is $100,000. 4. All low income applicants must be fully assisted by the Program. 5. Low income is defined as household income 50 percent of the median income for the area, or less, and is adjusted according to family size (see attached). • 6. All moderate income applicants will be assisted equally with program funds left over after the low income applicants have been assisted. 7. Moderate income is defined as household income 80 percent of the median income for the area or less, and is adjusted according to family size (see attached). 8. In no case will the amount of assistance exceed the amount of the assessment against the property. 9. The CDBG payments will be made directly to the City on behalf of the applicant prior to the certification of the assessment roll. Many Furlong residents have recently inquired about their eligibility for the Assessment Abatement Program. In response, preliminary application materials and the income limitation guidelines were mailed to the Furlong residents late last week. Once Council has formally adopted the Program's Policy and Procedures, copies of the document will be made available to interested residents. RECOMMENDATION It is my recommendation that the attached Policy and Procedures Guide governing the use of CDBG Assessment Abatement Funds within the Furlong area be adopted. ACTION REQUIRED Should Council concur with the recommendation, a motion should be made to adopt the Assessment Abatement Policy and Procedures Guide relating to the use of CDBG Funds for the Furlong area public utility project. MTL:kkb CITY OF MENDOTA HEIGHTS ASSESSMENT ABATEMENT PROGRAM FURLONG NEIGHBORHOOD IMPROVEMENTS POLICY AND PROCEDURES GUIDE I. Program Description The City of Mendota Heights and the Housing and Redevelopment Authority of Dakota County (HRA) are making available funds for the payment of special assessments against property benefitted by the construction of public improvements within the Furlong neighborhood of Mendota Heights. These funds are made available through the Dakota County Community Development Block Grant Program (CDBG). The funds will be provided to pay assessments against property owned and occupied by eligible individuals or families, and will be in the form of a direct grant on behalf of such persons. II. Eligibility Item A. Owner - occupants of assessed property whose gross annual household income is within the limits established by the Department of Housing and Urban Development (HUD) for the Minneapolis -St. Paul metropolitan statistical area will be eligible for assistance through this program. The income limits currently in effect are attached to this guide. Item B. Eligibility will be determined by the Dakota County HRA. Interested persons will fill out an application to be submitted to the HRA, which will verify property ownership and household income. All sources of income received by household members will be considered when determining eligibility. All information provided by applicants shall be covered by the Minnesota Government Data Practices Act which governs use and confidentiality of information provided to a unit of government. Item C. Applications for assistance will be accepted by the Dakota County HRA for a limited time only. The application period will be established by the City. of Mendota Heights and the HRA and will -be publicized well in advance of the deadline for application. Applications will be available at the Mendota Heights City Hall and at the offices of the Dakota County HRA for the entire application period. III. Form of Assistance Item A. Assistance will be provided as a direct grant on behalf of eligible property owners. There will be no payback provisions, and no liens placed on assisted properties. Item B. The amount of assistance provided to each individual property owner would depend on the owner's total household income, as detailed below: 1. For all owners whose household income does not exceed 50 percent of the median income (low income) for the area (see income limit table), the entire amount of the assessment must be paid. These households must be served first, and all households in this category who apply must be served under the program. 2. For owners whose household income does not exceed 80 percent of the median income (moderate income) for the area (see income limit table), the entire amount of the assessment must be paid if sufficient funds are available after all low income households have been served as described above. If insufficient funds are available to pay the entire assessment for all moderate income households, the amount of total funds available will be divided evenly among all moderate income households, and the assessment against these households reduced by this amount. In no case will the amount of assistance equal more,than the amount of the assessment against the property. Item C. The assessment abatement assistance will be paid directly to the City of Mendota Heights on behalf of eligible property owners. Payment will be made at such time as the assessment roll for the Furlong Addition and adjacent areas project is established by the City Engineer and certified to the Dakota County Tax Assessor. The actual assessment against properties to be assisted by the program will be reduced by the amount of the assistance for each individual eligible property, but will not necessarily be paid in full. IV. Adjustment to Assessment Roll Item A. If the assessments levied against assisted properties as a result of the constructed improvements are changed at some later date, as a result of changed project cost or of an appeal of the assessment as authorized in Minnesota Statutes Chapter 429, the amount of the assessment abatement assistance -may change. Section I. If the assessment is increased, additional assistance must be provided according to the same the rules detailed in Section III (B) of this policy. Any increase to an assessment against low income households must be paid in its entirety, while increased assessments against moderate income households may be paid in whole or in part, or not at all, according to the availability of funds. Item B. If the assessment is decreased or vacated, the City of Mendota Heights may be obligated to return funds already paid for assessment abatement to the Dakota County HRA. V. Excess Funds Item A. If the total amount of CDBG Funds available for the program is in excess of the total amount of assessments against properties owned by eligible applicants who apply to the program, the excess CDBG Funds will be held in reserve until a final assessment roll is prepared upon project completion, at which time the excess will distributed to cover any increases in assessments against benefitted properties, if such increases occur (see Section IV of this Guide). Item B. If no increase in assessments occur, the excess CDBG Funds may be reprogrammed for use for other activities which are eligible under the guidelines of the CDBG Program if such reprogramming is approved by the Dakota County HRA and the Department of HUD. Item C. If excess funds are not reprogrammed for eligible activities or used to pay increased assessment amounts, they shall be returned to 'Dakota County for allocation to other CDBG Projects or returned to the Department of HUD. Family Size CDBG INCOME LIMITS EFFECTIVE DATE: APRIL 17, 1991 Low Income* Moderate Income** 1 $ 16,800 $ 26,600 2 $ 19,200 $ 30,400 3 $ 21,600 $ 34,200 4 $ 24,000 $ 38,000 5 $ 25,900 $ 41,050 6 $ 27,850 $ 44,100 7 $ 29,750 $ 47,100 8+ $ 31,700 $ 50,150 *Gross annual household income 50% or less of Metropolitan Statistical Area. **Gross annual household income 80% or less the Metropolitan Statistical Area. median income for the of median income for DAKOTA COUNTY Housing & Redevelopment Authority 2496 -145th St. W. • Rosemount, MN 55068. 612.423.4800 APPLICATION - ASSESSMENT ABATEMENT DATE: TIME: The information requested in your Application is required to determine if you qualify for participation in this program. Some of the information requested is classified as "private data on individuals" under Minnesota law. Use of this information is limited to that necessary for the administration and management of this program. Where authorized by state or federal law, this information may be made available to other governmental entities. A. HOUSEHOLD INFORMATION Name of Applicant ;Name of Co -Applicant Address (Street,City,State & Zip Code) Previous Address Length of Residency Home Phone i Name/Address of Nearest Relative not living with you Race (Check one)* White Amer. IND/Alaska Native_ Black_Asian/Pacific Islander_ Hispanic Other (Specify)_ Marital Status* Married Unmarried Separated HOUSEHOLD COMPOSITION Family/Household Member Name 1 Relationship Birth Date Age 1 Sex 1 Occupation B. INCOME List all income sources. Some examples are: Full and/or Part-time Employment, Welfare, Social Security, S.S.I., Pension, Disability, Armed Forces Reserves, Unemployment Compensation, Babysitting, Alimony or Child Support, Educational Loans and Grants, Rental Income, Payments received from properties being sold on Contract for Deed, etc. Source of Income ; Rate Familv/Household Member 1 (Include Employer's Name & Address) 1 of Pav i , 1 C. ASSETS Checking Account Bank Amt. Savings Account Bank Amt. Savings Cert. Bank Amt. Credit Union Shares Stocks and Bonds r War Bonds • Cash on Hand Market Value of Owned Real Estate -excluding prop. to be improved REDEMPTION VALUE OF LIFE INSURANCE POLICIES -not upon death "AN EQUAL OPPORTUNITY EMPLOYER" -2- D. MEDICAL/UNUSbAL EXPENSES Child Care Costs Due to Employment Anticipated Medical Expenses not covered by Insurance E. PROPERTY INFORMATION Type of Property (Check One): Sinctle Family Duplex Apt.-# of Units Other i i Amount of Special Assessment (if known): F. The application information is true and complete to the best of my knowledge. Signature Date *Information regarding Race and Marital Status is for statistical purposes only. WARNING: Federal criminal offense penalties could be imposed for any willful false statements/misrepresentations on this application. DECLARATION OF'COVENANTS' CONDITIONS AND RESTRICTIONS FOR MENDOTA WOODS This Declaration is made this 3rd day of July, 1990 by William M. Lentsch, Stephen Patrick and Jana Patrick, a joint venture known as "Mendota Woods" (Declarant) Whereas, Declarant is the owner of the real property described in Article I of this declaration, and is desirous of subjecting such real property to the restrictions, covenants, reservations, easements, liens and charges herein- after set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit and pass with such property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; Now therefore, Declarant hereby declares that the real property described and referred to in Article I hereof is and shall be held, transferred, sold and conveyed subject to the conditions, restrictions, covenants, reservations, easements, liens and charges hereinafter set forth. ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION 1.1 The real property which is and shall be held and conveyed, transferred,and sold subject.to this Declaration is located in the City of Mendota Heights, Dakota County, Minnesota, and is more particularly described as follows: ARTICLE II GENERAL PURPOSES OF DECLARATION 2.1 Declarant has had this Declaration prepared and recorded as part of a general plan for developing the Property into a subdivision of single-family lots (collectively the "Lots" and individually a "Lot") for improvement and sales to owner -occupants. 2.2 the Property is subjected to the covenants, restrictions, conditions, reservations, liens and charges hereby declared to insure the best use and most appropriate development and improvemant of each Lot; to protect the owners of Lots against such improper use of surrounding Lots as will depreciate th the value of their Lots; to preserve as far as practicle the natural beauty pf the property; to guard against the erections on the Property of poorly designed or proportioned structures; and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best use and development of the Property, with appropriate locations of such homes on the Lots; to prevent haphazard and inharmonious improvements of Lots; to secure and maintain proper setbacks from the streets,and adequate free spaces between structures; and in gerneral to provide adequately for a quality type of improvement in the Property, and thereby to enhance the value of investments made by the purchasers of Lots. ARTICLE III 3.1 No building shall be erected, placed or altered on any Lot until the building plans and specifications and a site plan showing the location of such building have been approved in writing by Declarant as to conformity and harmony of external design with existing structures on the property, and as to location of the building with respect to topography and finished ground elevation. If Declarant fails to approve or disapprove such design and location within thirty days after plans and specifications and a site plan have been submitted to Declarant, such approval shall deemed to have been granted as of the thirty-first day following submission to Declarant. Declarant shall not be liable to anyone in damages who has submitted plans for approval, or to any owner by reason of mistake in judgement, negligence, or nonfeasance of itself, its agents, or employees arising out of or in connection with the approval or disapproval of any such plans. 3.2 No building shall be located less than thirty (30) feet from the front line of the Lot nor less than thirty (30) feet from the rear of the lot line. No such building shall be located less than ten (10) feet from any side lot line except a garage which shall be no less -than five (5) feet from any side lot line. 3.3 No noxious or offensive trade or activity shall be permitted on or to escape from any Lot, nor shall anything be done thereon which may become an annoyance or nuisance. 3.4 No building or structure of a temporary character and no trailer, basement tent, shack, garage or out -building shall be used at any time as a residential dwelling on any Lot, either temporarily or permanently. A motorboat, houseboat or other similar water -borne vehicle may be maintained, stored or kept on a Lot only if it is no greater than twenty (20) feet in length, and either housed completely within a structure which has been approved by Declarant pursuant to paragraph 3.1, or stored on a driveway in a location that does not interfere with pedestrian or vehicular traffic on the property. No recreational vehicles. No commercial vehicles, tanks, or commercial equipment of any kind shall be located, stored or parked on any building Lot. 3.5 No primary residential structure shall be permitted on any Lot if the habitable floor area thereof, exclusive of basements, porches and garages is less than fourteen hundred (1,400) square feet in the case of a one-story structure or less than twenty-five hundred (2,500) square feet in the case of a one and one-half, two or two and one-half story structure or as approved by Declarant. 3.6 No animals or poultry of any kind other than common house pets such as dogs and cats, with the exception of no Pit Bull Terriers, shall be kept or maintained on any part of the Property. 3.7 No fence, wall, or hedge shall be permitted.to..extend beyond the minimum - building setback lines established herein except upon approval by Declarant as provided in Paragraph 3.1. 3.8 No building or structure shall be constructed, altered or maintained on any Lot without a garage which garage shall contain space for at least two and not more than three cars. 3.9 No building or structure shall be constructed_, altered or maintained on any Lot unless it has a driveway from the street running to the garage, which driveway must be of sufficient area to park at least two cars entirely off the street. 3.10 No signs of any kind shall be displayed to public view on any'Lot except a house number sign, or name sign, of not more than one square foot, or except one sign of not more'than three square feet advertising the property for sale; provided, however, that this shall not apply to advertising signs placed on any lot by Declarant. 3.11 No trash recepticles, or garbage cans shall be permitted to be placed outside a building or structure, unless hidden by an attractive screen of suitable height, or unless sunken to ground level in a hole lined with permanent cribbing. 3.12 All utility connection facilities and services shall be underground. 3.13 No exterior towers or antennas of any kind shall be constructed, modified, or permitted on the ground of any Lot. Reasonable television antennas are permitted on dwellings or garages. 3.14 No Lot may be further subdivided without written approval of the Declarent pursuant to Paragraph 3.1. 3.15 Multiple family dwellings are not permitted., only singe family residences. 3.16 All residences must comply with local ordinances pertaining to being located in airport noise Zone Four (Least restrictive, furthest zone out), such as triple glazed glass, central aixconditioning,%minimum attic insulation �o Zgu�s4S� coR c1 -0"+-"r - 51i 3.17 Declarant hereby notifies buyers that medium density residential development is contemplated for adjacent properties as follows: -property to the east is zoned HR -PUD (eight to twelve units per acre - a "unit" -being each dwelling, ie one townhouse may have six units. -property to the west is zoned R-1 (Single Family) but the comprehensive guide plan calls for medium density residential (eight units per acre.) ARTICLE IV SUCCESSORS IN INTEREST TO DECLARANT 4.1 At any time during the period in which Declarant owns an interest in the property or any part thereof, but in any event no later than the date as of which Declarant no longer owns an interest in the property or any part thereof, Declarant shall appoint an architectural control committee (Hereinafter the "committee" composed of no less than three but no more than five persons, at least two of whom shall be owners of Lots who purchased such Lots for their own residential use. In the event of death or resignation of any member of the Committee, the remaining member(s) shall have full authority to designate a representative with like authority. Neither Declarant nor the representative members of the Committee shall be entitled to any compensation for services performed pursuant to this Declaration. 4.2 If Declarant appoints a Committee, then such Committee shall have all of the rights and obligations of "Declarant" under this Declaration, and Declarant itself shall have no further obligations, responsibility or liability whatsoever hereunder. 4.3 The rights hereby reserved to Declarant shall apply with equal force and effect to Declarant's successors and assigns in the event ownership and control of the rights hereby reserved pass from the Declarant (whether by reason of the appointment of a receiver, assignment for the benefit of creditors, bankrupcy, sale under legal process of any kind, transfer of the ownership of a majority interest in Declarant or otherwise), and the right to enforce the covenants, conditions, restrictions and easements set forth in this Declaration shall immediately pass, without further action by Declarant or any other party, to Declarants successor who shall within thirty (30) days of such passage, if such appointments have not already occurred, appoint all members of the Committee in the manner provided in Paragraph 4.1 hereof, as if it were in fact "Declarant." ARTICLE V OTHER PROVISIONS 5.1 This Declaration shall run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2002, at which time this Declaration shall automatically be extended for successive periods of ten (10) years unless by vote of Declarant, the Committee or any successor in interest to either of the foregoing it is agreed to change this Declaration in whole or in part. 5.2 If the owner of any Lot or his/her heir, assign or other successor in interest shall violate or attempt to violate this Declaration or any provision hereof, it shall be lawful for any other person or person's owning a Lot as well as for Declarant, the Committee or any successor in interest to either of the foregoing, to prosecute a proceeding at law or in equity against the person or persons violating or attempting to violate this Declaration, either to prevent him/her/them from doing so or to recover damages for such violation, or both. 5.3 Invalidation of any provision of this Declaration or any part hereof by judgements or court order shall not affect any of the provisions hereof, which `shall remain in force and effect to the fullest extent possible. IN WITNESS WHEREOF, Declarant has hereunto set its hand this day of 19 . • BY: BY: BY: Subscribed and sworn before me by and this day of , 19 . I have read and understand all provisions of the foregoing covenant and hereby agree to abide by all such provisions. CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council and City Adminis FROM: Klayton H. Eckles \,<\ Civil Engineer SUBJECT: Assessment Hearing Furlong Addition and Adjacent Areas Job No. 8616 Improvement No. 86, Project No. 4 DISCUSSION: May 2, 1991 The purpose of this memo is to provide Council with information necessary to conduct an assessment hearing for the Furlong area utili- ty project. I have included information regarding the attached as- sessment roll, protests received to date, deferment requests and status of HRA monies. At the April 24th special meeting Council approved the use of the attached assessment roll as a basis for holding the assessment hear- ing. There are two minor corrections which I did make to the roll which Council approved; a typo was corrected and a $124 assessment to a Mn/DOT parcel was eliminated. The attached roll incorporates these corrections. At the hearing Council can expect to hear positive and negative comments from residents. To date I have received two objections to the assessments. Mr. and Mrs. Geier of 1309 Kendon Lane have sent a written objection (see attached). Also I have talked with Margaret Walker, custodian of the Margaret Perron estate at 2370 Highway 55, who sent me the attached written objection. These are the only nega- tive responses I have received to date. At the time of this memo I have received only one request for deferment from Margaret Walker. Mrs. Walker is seeking to have the assessments reduced, but if that is not possible, she seeks a defer- ment. She sent the attached letter of request and will have a rela- tive represent her at the meeting. Deferments can be granted, at the Council's direction, in the cases of hardship, or for homeowners over 65 years of age. Staff learned this. week that our request to the Dakota County HRA: for Community Development Block Grant (CDBG) funds has been approved. This program will make available $100,000 to assist low to moderate income residents with the costs of the special assessments. City Administrator Tom Lawell has prepared a separate memo outlining the specifics of the CDBG program. RECOMMENDATION: Staff recommends Council proceed with the following: 1. Call the public hearing on assessments to the Furlong Area to order. 2. Consider public discussion of the proposed assessments. 3. Close the hearing and adopt the attached assessment roll, including any additions, or deletions the Council wishes to make. 4. Award the project to C.W. Houle, and order the project to commence. ACTION REQUIRED: If Council concurs with the staff recommendation they should pass a motion adopting Resolution No. 91- , RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWER, WATER, STORM SEWER AND STREET REHABILITATION IMPROVEMENTS TO SERVE THE FURLONG ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4) and Resolution No. 91- , RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS, WATER, STORM SEWER AND STREET REHABILITATION TO SERVE THE FURLONG ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4) KHE:dfw City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, AND STREET REHABILITATION IMPROVEMENTS TO SERVE THE FURLONG ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, 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. 86, Project No. 4 construction of sewer, water, storm sewer, and street rehabilitation to serve the following described property situated in the City of Mendota Heights, Dakota County, Minnesota, more particularly described as follows: Those parts of Section 34 North of the Soo Line Railroad Right -of -Way, West of Trunk Highway 55 and Southeast of future Trunk Highway 13 Right -of -Way. and Those parts of Section 27 and 34 East of Trunk Highway 55, South Trunk Highway 110, West of Lexington Avenue and North of I-494, excluding some portions of Resurrection Cemetery, excluding the Centre Pointe South Subdivision and excluding the Medallion Industrial Park. 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 8:00 o'clock P.M. on Tuesday, May 7, 1991, at the City Hall in the City of Mendota Heights, Minnesota; and WHEREAS, the Mayor announced that the hearing was open for the consid- eration 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 objec- tions 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 as so cor- rected is hereby adopted and confirmed as the proper special assess- ment for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, with the interest at the rate of eight percent (8%) 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 such assessment as to sanitary sewer, storm sewers, and watermains shall be payable in equal amounts extending over a period of nineteen (19) years and each assessment as to street rehabilitation shall be payable in equal amounts extending over a period of ten (10) years; the first of said installments, together with interest on the entire assessment. The first year interest shall commence October 1, 1991 and interest for the first year shall be from October 1, 1991 to December 31, 1991, to be payable with general taxes for the year 1991, collectible in 1992 (now designated as real estate taxes payable in 1992), and 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 September 15, 1991, 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 pro- vided by law. Adopted by the City Council of the City of Mendota Heights this 7th day of May, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET REHABILITATION TO SERVE FURLONG ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4) WHEREAS, pursuant to an advertisement for bids for the proposed con- struction of sanitary and storm sewer, water and street rehabilitation improvements to serve the Furlong Addition and adjacent areas (which improvements have heretofore been known and designated as Improvement No. 86, Project No. 4), bids were received, opened and tabulated according to law and the bids were received by the City Council at the April 2, 1991 meeting; and WHEREAS, the City Engineer has recommended that C.W. Houle, Inc. of Shoreview, Minnesota, be declared the lowest responsible bidder. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That C.W. Houle, Inc. of Shoreview, Minnesota, is hereby declared to be the lowest responsible bidder. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of the bid for the above described improvements to C.W. Houle, Inc. of Shoreview, Minnesota. 3. That the City Clerk is hereby authorized and directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council of the City of Mendota Heights this 7th day of May, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City,Clerk .~"tt="m°^c wrlou Sanitary Sewer - 19 years pvterx ino - 19 years Storm Sewers - 19 years Streets - 10 years INTEREST - o» 27-03400- 020-28 27-03400- 030-28 27-03400- 010-77 27-04100- 010-27 27-04100- 010-29 REPUTED OWNER Geroge & Dorothy Waters 2341 Highway 55 St. Paul, MN 55120 State of Minnesota 1560 Highway 55 Hastings, MN 55033 EFH Company Attention: Gene Happe 1601 Highway 13 East Burnsville, MN 55337 Catholic Cemeteries 244 Dayton Avenue St. Paul, MN 55102 Catholic Cemeteries 244 Dayton Avenue Si. Paul, MN 55102 ASSESSMENT ROLL FURLONG ADDITION & ADJACENT AREAS JOB NO. 8616 IMPROVEMENT NO. 86, PROJECT NO. 4 ADOPTED: DESCRIPTION LOT BLK. SANITARY NO. NO. SEWERS Pt of Gov't Lots 2-3-4 & 5 Com 428'43 Ft S. of N Line & 1002.03 Ft E of W Line of Lot 2 S 895.60 Ft to R/W RR Se On R/W 518.13 Ft u 906'67 Ft E 109.35 Ft to Pt of Gov't Lots 2 & 5 lying N of Lenay's Re-arr o of Highway & E of Geo Waters Property Ex 2.26 Acres Hgwy Pt of NW 1/4 of SE 1/4 com 776 Ft N of SE Cor ow on S Line Rogers Si 653 rt SE on R/W Hgwy 381'5 Ft to N line Men Hghts Rd E on Men Hghts Rd 313.22 Ft to E line NW Auditors Subdivision No. 34 All of Lot 27 Auditors Subdivision No. 34 All of Lot 29 *co,nzo.00 $0.00 30.00 SANITARY SERVICES WATER MAINS *o.00 $25,320.00 $0.00. $0.00 ASSESSMENT RATES Sanitary Sewer - u4'210'00 per unit Sanitary Service - o«yu'oo each m,teonaio - $2,125.00 per unit Water Service - $840.00 each Storm Sewer - $0'015 per ospace foot Street Repair - $900.00 per unit Commercial San. Sewer -.$3,000/Acre Commercial eatermaio - a3.ounyAoze' WATEx SERVICES STORM STREETS TOTAL SEWER $0.00 *5,515.00 $0.00 $54155'00 $o'oo mu,z/o'oo $o'oo *z,czo'oo $0.00 *0.00 e.00 *o.on $2,080.00 e.00 *z,mm'oo PARCEL NO. z7-o«/oo- ozo-or 2r-ovtoo- »10-*2 z7-omoo- )m-oo 27-04100- )11-36 27-04100- )13-36 2r-oomo- x1n-za 27-04100- )16-36 27-04100- )17-36 z7-oo1oo- uo-na REPUTED OWNER Catholic Cemeteries 244 Dayton Avenue St. Paul, MN 55102 Catholic Cemeteries 244 Dayton Avenue Si. Paul, MN 55102 Catholic Cemeteries 244 Dayton Avenue St. Paul, MN 55102 Jerome A. Lane 2314 Highway 55 Mendota Heights, MN 55120 John L. Heyn 2376 Highway 55 Mendota Heights, MN 55120 Ronald E. Pfau 3142 19tx Avenue South Minneapolis, MN 55407 Margaret M. Perron 2370 Highway 55 Mendota Heights, MN Joseph M. Perron 2366 Highway 55 Mendota xeio^+s, MN DESCRIPTION Auditors Subdivision No. 34 All of Lot 39 Subject to Highway Easement Auditors Subdivision No. 34 All of Lot 42 Subject to Highway Easement Auditor's Subdivision No. 34 All of Lot 35 Auditor's Subdivision No. 34 w 81.5 ft of Lot 36 Auditor's Subdivision No. 34 S 442 Ft of Lot 36 Auditor's Subdivision No. 34 E 1 Acre of S 225.4 Ft of w 306'9 Ft of Lot 36 Auditor's Subdivision No. 34 S 152 Ft of w 578.9 Ft of 55120 Lot 36 Auditor's Subdivision No. 34 N 120 ft of S 272 ft of N 55120 57e'9 ft of Lot 36 Christopher & Julie Woolsey 2316 Highway 55 Mendota Heights, MN 55120 James A. Marcotte Auditor's Subdivision No. 34 W 1 Acre of E 2 Acres of S 225.4 ft of N 306.9 ft of Lot 36 LOT nLx' SANITARY SANITARY NO. NO. SEWERS SERVICES $0.00 $0.00 . $0.00 $0.00 WATER MAINS $0.00 $0.00 $0.00 $0.00 $0.00 WATER SERVICES STORM STREETS TOTAL SEWER $0.00 *o,coo.00 $0.00 *a,ago-oo $0.00 $1,155.00 *o,00 *z,coo'oo $0.00 $8.680.00 $0.00 $1,155.00 $4,210.00 w490.00 $2,125.00 $840.00 $670.00 $0,00 *8,335.00 *o,czO.00 **90'00 $0.00 $0.00 $920.00 $0.00 *5,620-00 $0.00 $0.00 $0.00 $0.00 $225.00 $0.00 $225.00 $4,210.00 $490.00 $0.00 $0.00 *1,550.00 $0.00 $6,250.00 *4,210.00 $490.00 *2,125'00 ' $0.00 *1,435.00 $0.00 $8,260.00 *9,210.00 $490.00 $0.00 $0.00 $560.00 $0.00 $5,260.00 PARCEL NO. 27-04100- 019-36 27-28400- 080-01 27-28400- 010-02 27-28400- 020-02 27-28400- 040-02 27-28400- 051-02 27-28400- 060-02 27-28400- 070-02 27-28400- 091-02 27-28400- 111-02 REPUTED OWNER Ronald E. Pfau 3142 19th Ave. S. Minneapolis, MN 55407 Harjit & Rajinder Madan 5637 Lyndale Avenue South Minneapolis, MN 55419 Melvin & Margaret Koppen 1316 Victory Avenue St. Paul, MN 55120 Yih Hsiao 1320 Victory Avenue S. Mendota Heights, MN 55120 Edward & Rita Goodijohn 2220 Highway 55 Mendota Heights, MN 55120 Edward & Rita Goodijohn 2220 Highway 55 Mendota Heights, MN 55120 Lois Furlong 2230 Highway 55 Mendota Heights, MN 55120 Jane T. Furlong Lynch 1313 Furlong Avenue Mendota Heights, MN 55120 Bernard M. & Faye T. 1309 Furlong Avenue St. Paul, MN 55120 DESCRIPTION Auditor's Subdivision No. 34 S 225.4 ft of N 306.9 ft of Lot 36 Ex E 2 Acres & Ex 1.13 Acres Hgwy Furlongs Addition All of Lots 1 through Furlongs Addition Furlongs Addition Furlongs Addition N 90 Ft of Lot 3, Blk 2 and all of Furlongs Addition 5 108.4 ft of Lot 3 Blk 2 and all of Furlongs Addition Furlongs Addition Biessener Furlongs Addition• All of Lot 8 Blk 2 & W 40 ft of Lot Alton T. & Agnes Berskow 1305 Furlong Avenue Mendota Heights, MN 55120 Furlongs Addition Ex W 20 ft of LOT BLK. SANITARY SANITARY WATER NO. NO. SEWERS SERVICES MAINS $4,210.00 $490.00 $2,125.00 WATER SERVICES STORM STREET TOTAL SEWER $0.00 $1,265.00 $0.00 $8,090.00 8 1 $7,200.00 $980.00 $7,2200.00 $840.00 $1,565.00 $0.00 $17,785.00 1 2 $4,210.00 $490.00 $22,125.00 $840.00 $810.00 $900.00 $9,375.00 2 2 $4,210.00 $490.00 $2,125.00 $840.00 $180.00 $900.00 $8,745.00 4 2 $0.00 $0.00 $0.00 $0.00 $170.00 $900.00 $1,070.00 5 2 $4,210.00 $490.00 $2,125.00 $840.00 $180.00 $0.00 $7,845.00 6 2 $4.210.00 $490.00 $2,125.00 $840.00 $230.00 $900.00 $8,795.00 7 2 $4,210.00 $490.00 $2,125.00 $840.00 $170.00 $900.00 $8,735.00 9 2 $4,210.00 $490.00 $2,125.00 $840.00 $285.00 $900.00 $8,850.00 11 2 $4,210.00 $490.00 $2,1225.00 $840.00 $285.00 $900.00 $8,850.00 PARCEL NO. REFUTED OWNER '-28400- Alton 7'' & Agnes nersxow 2-02 1305 Furlong Avenue Mendota Heights, MN 55120 '-28400- Robert & Mary L. Tou,iynaot 0-03 1300 Furlong Avenue Mendota Heights, MN 55120 '-28400- Robert & Mary L. Tousiynant z-oo 1300 Furlong Avenue Mendota *einms, MN 55120 '-28400- David & Carmel Hiner 2-03 1312 Furlong Avenue Mendota Heights, MN 55120 '-28400- David & narmuz Hiner 12-03 1312 Furlong Avenue Mendota Heights, MN 55120 '-28400- Richard J. Doffing 'o-oo 1314 Furlong Avenue St. Paul, MN 55120 '-2e400- Douglas R. & Kathleen Geier 'o-oo 1309 Kendon Lane Mendota Heights, MN 55120 '-zouoo- City of Mendota Heights 0-03 1101 Victoria Curve Mendota Heights, MN 55118 -28900- Connie Deafenbaugh m -nn 8115 Ares Circle Chanhassen, MN 55317 +. DESCRIPTION Furlongs Addition Lot 9 Ex w 40 ft all of Lot 10 & W 20 ft of Lot 11 All in xzx 2. Furlongs Addition Furlong Addition Furlong Addition Furlong Addition Furlongs Addition All of Lots 5 through Furlongs Addition All of Lot 8 xzx 3 and Lot Furlongs Addition All of Lot 10, nzx 3 & Lot Furlongs Addition LOT BLK. SANITARY SANITARY WATER NO. NO. SEWERS SERVICES MAINS WATER SERVICES STORM STREETS TOTAL SEWER 3 $4,210.00 $490.00 $2,125.00 $840.00 $510.00 $900.00 $9,075.00 $0.00 $0.00 *0.00 $120.00 *0'00 *120.00 2 3 $0.00 3 3 $0.00 4 z *4,210,00 7 ^ $4,210.00 9 3 *w,ozo.00 11 3 *o,ezo.00 $0.00 $0.00 *o.uo *120.00 $0.00 *120.00 *opo.00 $2,125.00 $890.00 *120.00 $900.00 $8,685'00 $490.00 $2,125'00 *840.00 m435,00 *poo.00 $9,000.00 *«vo.00 *2,125.00 $840.00 *uoo.ou $900.00 wa,00n'ou -4 PARCEL NO. 27-28400- 010-04 27-28400- 030-04 27-28400- 050-04 27-28400- 060-04 27-28400- 080-04 27-28400- 090-04 27-28400- 110-04 27-28400- 130-04 27-28400- 131-04 27-28400- 140-04 REPUTED OWNER James G. & Mary E. Schwartz 1286 Kendon Lane Mendota Heights, mw 55120 Thomas R. & Margaret Swanson 1294 Kendon Lane St. Paul, MN 55120 Ray L. Bell 1298 Kendon Lane Mendota Heights, MN 55120 Richard & Harriet overle 1302 Kendon Lane St. Paul, MN 55120 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Lavern T. & M.A. nicmnpls 1310 Kendon Lane St. Paul, mw 55120 Loring & Darlene J. Lyne 1307 Lakeview avenue St. Paul, mw 55120 Richard & Sara Grier 1303 Lakeview Avenue Mendota Heights, mw DESCRIPTION Furlongs Addition Furlongs Addition All of Lot 2 olx 4 and Lot Furlongs Addition All of Lot 4 uzx 4 and E 30 ft of Lot Furlongs Addition W 30 ft of Lot 5 olx 4 and all of Lot Furlongs Addition All of Lot 7 azu 4 & E 30 Ft of Lot Furlongs Addition W 30 ft of Lot 8 Blk 4 and all of Lot Furlongs Addition Lot 10 Subj to Hgwy Esmnt and all of Lot Furlongs Addition All of Lot 12 xzx 4 and W 55120 40 ft of Lot Mitchell a & Lisa Lallier 1299 Lakeview Avenue Mendota xvinhts, MN 55120 Mitchell n & Lis* Laoier 1299 Lakeview Avenue Mendota Heights, MN 55120 Furlongs Addition East 20 Feet of Lot Furlongs Addition LOT oLx. SANITARY SANITARY WATER WATER STORM STREETS TOTAL NO. NO. SEWERS SERVICES MAINS SERVICES SEWER 1 4 *4,210.00 w«ro.00 $2,125.00 *000.00 $545,00 mpoo'oo *v,uo,00 4 *9,210.00 $490.00 $2,125.00 w840.00 $270.00 *900'00 $8,835.00 6 4 $4,210.00 *990'00 *z,zzn'oo *840.00 *zon.00 *poo.00 *8,770.00 a 4 *4,210'00 *990'00 *c,zzn.00 *000.00 wuon'oo *pov'vn *8,770'00 zo 4 $u,zm'oo *«po'oo *2,1e5.00 $aoo'oo *ocn.00 $900.00 $8,790.00 13 4 *o.00 *o.00 $0.00 $0.00 ' $45.00 *o.00 *om'oo 14 4 **,210.00 *wpo.00 *c,zux.00 *840.00 w155.00 *poo'oo *o,,co.00 ~ PARCEL N0. REPUTED OWNER 27-28400-- Mitchell J & Lisa Lallier 151-04 1299 Lakeview Avenue Mendota Heights, MN 55120 DESCRIPTION LOT BLK. SANITARY SANITARY WATER WATER STORM STREETS TOTAL NO. NO. SEWERS SERVICES MAINS SERVICES SEWER Furlongs Addition 15 4 $0.00 $0.00 $0.00 $0.00 $34.00 $0.00 $34.00 Lot 15, Blk 4 except the East 45 feet of Lot 27-28400-- William & Sally LeClaire Furlongs Addition 16 4 84,210.00 8490.00 $2,125.00 $840.00 $235.00 $900.00 $8,800.00 161-04 1295 Lakeview Avenue E 45 Ft of Lot 15 Blk 4 & Mendota Heights, MN 55120 all of Lot 27-28400- Miles & Eleanore Sr-edvold Furlongs Addition 17 4 $4,210.00 $490.00 $2,125.00 $840.00 $575.00 $900.00 $9,140.00 170-04 1281 Lakeview AvenueS Ex the W 150 Ft of Lot St. Paul, MN 55120 27-28400- David H. & Julie Hill Furlongs Addition 17 4 $4,210.00 $490.00 $2,125.00 $840.00 $345.00 $900.00 $8,910.00 171-04 1289 Lakeview Avenue W 150 ft of Lot Mendota Heights, MN 55120 27-28400- Thomas R. Frazier 010-05 James N. Frazier 2710 Dale N. #305 Roseville, MN 55113 27-28400- Daniel L & Katherine Max 020-05 1284 Lakview Avenue Mendota Heights, MN 55120 27-28400- Mervin & Ida Compton 040-05 1288 Lakeview Avenue St. Paul, MN 5512.0 27-28400- Ellsworth 8. & Janice Stein 050-05 1296 Lakeview Avenue St. Paul, MN 55120 Furlongs Addition 1 5 $4,210.00 $490.00 $2,125.00 $840.00 $380.00 $900.00 $8,945.00 Furlongs Addition Furlongs Addition A11 of Lots 3 & Furlongs Addition 27-28400- Lambert J. Derks Furlongs Addition 070-05 1300 Lakeview Avenue A11 of Lot 6 Blk 5 and Lot Mendota Heights, MN 55120 2 5 84,2210.00 $490.00 $2,125.00 $840.00 $135.00 $900.00 $8,700.00 4 5 84,21.0.00 $490.00 $2,125.00 $840.00 $270.00 $900.00 $8,835.00 5 5 $4,210.00 $490.00 $2,125.00 $840.00 $225.00 $900.00 $8,790.00 7 5 $4,210.00 $490.00 822,125.00 $840.00 $270.00 $900.00 $8,835.00 PARCEL _ 27-ovoxo- oo-oo 27-44850- 021-00 27-44850- 022-00 27-52250- 010-02 27-52250- 020-02 27-52250- 030-02 27-66500- 010-00 REPUTED OWNER George & Dorothy waters 2341 Highway 55 Mendota Heights, MN 55120 George & Dorothy Waters 2341 Highway 55 Mendota Heights, mw 55120 Brooks Inv. Co. 8711 Lyndale Avenue South winneanolis, MN 55405 Basil E & Agness Carter Mn Indoor Soccer Arena 430 1st Ave. w #649 Minneapolis, MN 55401 Mn Indoor Soccer Arena 430 1st Ave. w wuwp Minneapolis, MN 55401 Mn Indoor Soccer Arena 430 1st Ave. w 0649 Minneapolis, MN 55401 Arthur E. & Marian J. Bourn 1181 Rogers Road St. Paul, MN 551e0 DESCRIPTION LeMays Rearrangement West 180'11 feet of Lot LeMays Rearrangement West 180.11 feet of Lot LeMays Rearrangement Lots 1 & 2 ex W 180'11 ft & Ex Pt to mowy ling E of Line Com Cen Sec 34-28- 23 W along E -W 1/4 line 609.96 ft thence on azimuth of zcoo zow noo Northland Plaza Northland Plaza Northland Plaza Schouveller Subdivision mTBLx' SANITARY SANITARY WATER NO. NO. SEWERS SERVICES MAINS 1 WATER SERVICES STORM STREETS TOTAL SEWER $0.00 *ono.no • *n.00 $3,820.00 *v'oo *000.00 *o.on $8,120'00 *000,00 $3,090.00 *v.00 *oz,eoo-oo 2 mo'oo *o.00 *o.00 *V.oV *1,200.00 *o.00 *1,200.00 z $0.00 $0.00 *o,00 $o'oo $810.00 *o'ou *om-oo 2 *o,00 $0.00 *o.00 $0.00 $835.00 *v'oo $onn'oo $0.00 $0.00 $0.00 $0.00 *250.00 *o.00 $250.00 1; PARCEL NO. 7-66500- 20-00 7-66500- 30-00 /-a6noo- wo-oo 7-66500- 60-00 7-aa500- 63-00 7-66500- 67-00 7-66500- 68-00 REPUTED OWNER Jerome� L. Schouveller cxouve er 2458 *wv 55 St. Paul, MN 55118 Jerome & L. Schouveller 2458 wWY 55 St. Paul, mw 55118 Kenneth J. & Mary S. Gauw 1189 Rogers Road St. Paul, mw 55120 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Gerard & Doris Bohlig 2454 *wy, 55 Mendota xeinxts, MN 55120 Jerome & Lorraine Schouveller e458 Hwy 55 St. Paul, MN 55118 Gerard & Doris Bohlig 2454 Hwy. 55 Mendota *,i«xts, MN 55120 ~ DESCRIPTION Schouveller Subdivision Schouveller Subdivision Schouveller Subdivision Schouveller Subdivision All of Lot 5 and pt of Lot 6 Com SE Cor N to NE Cor SW 125 Ft SE to Pt on s Line 75 Ft SW of Beg NE 75 Ft to Beg LOT oLu' SANITARY SANITARY WATER WATER STORM STREETS TOTAL NO. NO. SEWERS SERVICES MAINS SERVICES SEWER Schouveller Subdivision Pt of Lot 6 Com w Line 125 Ft SW of NE Cor S 105 Ft W 100 Ft w 105 Ft E 100 Ft to Beg Schouveller Subdivision Pt of Lot 6 Com Se Line 75 Ft SW of SE Cor Cont SE Line ow 82.75 Ft to NE Boundary STH w55 NW on Hgwy 112.6 Ft w 30 n E 128 Ft SE 98.8 Ft to Beg. -' SchouvellerSubdivision Pt of Lot 6 Beg NW Line 225 Ft ow of WE Cor S 70o w on NW Line 73.73 Ft to NE R/W STH woo s mo 15w 308 E on R/W 112'56 Ft N 70o E 28 Ft w z7o 31n 47a W 105 Ft to Beg 2 -- *u'oo wo'oo *o.00 *o.no *cao.00 *o.00 $260'00 o *o,00 *o.00 *o.00 *o,00 $270'00 $o'oo *270,00 4 -- *u'oo oo'oo *o'oo *o,00 $zoo'ou $0.00 $280.00 6 -- $0'00 $0'00 *0.00 *0,00 *160.00 $0,00 $160.00 6 6 -- *o`oo $80.00 $»'»« $80`00 PARCEL NO. 27-75200- 020-05 27-75200- 050-05 27-75200- 070-05 27-75200- 110-05 27-75200- 160-05 27-75200- 380-05 27-75200- 420-05 27-75200- 421-05 REPUTED OWNER Robert C. Larson 2160 Highway 55 Mendota Heights, MN 55120 Robert C. Larson 2160 Highway 55 Mendota Heights, MN 55120 Robert C. Larson 2160 Highway 55 Mendota Heights, MN 55120 Robert C. Larson 2160 Highway 55 Mendota Heights, MN 55120 Robert C. Larson 2160 Highway 55 Mendota Heights, MN 55120 Robert C. Larson 2160 Highway 55 Mendota Heights, MN Robert C. Larson 2160 Highway 55 Mendota Heights, MN DESCRIPTION Taylor Adelia Addition Lot 1, Rlk 5 and Lot Taylor Adelia Addition Lots 3 thru 5, Blk: 5 Taylor Adelia Addition Lot 6, Blk 5 and Lot Taylor Adelia Addition Sub to Hgwy Esmnt & all of Lots 8 thru Taylor Adelia Addition Sub to Hgwy Esmnt & all of Lots 12 to Taylor Adelia Addition Sub to Hgwy Esmnt & all of 55120 Lots 34 to Taylor Adelia Addition Sub to Hgwy Esmnt & Ex N 70 55120 Ft Lots 39 thru Robert C. Larson 2160 Highway 55 Mendota Heights, MN 55120 Taylor Adelia Addition N 70 ft of Lots 39 thru LOT BLK. SANITARY SANITARY NO. NO. SEWERS SERVICES 2 5 $630.00 40.00 5 5 4960.00 40.00 7 5 4630.00 40.00 11 5 41,500.00 4490.00 16 5 41,290.00 40.00 38 5 4990.00 40.00 42 5 4720.00 40.00 42 5 4780.00 40.00 WATER MAINS 4630.00 4960.00 4630.00 41,500.00 41,290.00 4990.00 4720.00 4780.00 WATER STORM STREETS TOTAL SERVICES SEWER 40.00 4140.00 40.00 41.,400.00 40.00 4210.00 40.00 42,130.00 40.00 4140.00 40.00 41,400.00 4840.00 4325.00 40.00 44,655.00 40.00 42275.00 40.00 42,855.00 40.00 4215.00 40.00 42,1.95.00 40.00 4155.00 40.00 41,595.00 40.00 4170.00 40.00 41,730.00 • April 29, 1991 City of Mendota Heights 1101 Victoria Curve Mendota Hts., MN 55118 Dear Sir; This letter is to serve as written objection to said proposed assessments in regards to Parcel No. 27-28400-090-03 at a cost of $8,805.00. The said property's market value went from $65,000 in March of 1990 to $54,700 in 1991. The $8,805.00 assessment to 1309 Kendon Lane will not increase the market value nor increase benefits to the home and property so as not to take a loss when the property is sold. We the owners feel this is an unrealistic assessment for this property and request the property be reassessed and the City to negotiate a fair settlement. In the event, we can't reach a mutual agreement we will exercise our right to appeal the assessment to the District Court pursuant to Minnesota Statutes Section 429.081 and serve notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment roll and filing such notice with the District Court within 10 days after service upon the Mayor or Clerk. The intent of this letter is to serve as written objection signed by the. affected property owners to be filed with the City Clerk prior to the assessment hearing. Douglas and Kathleen Geier HCR 61 Box 288 Dixon, MO 65459 30 Apr 1991 Kathleen M. Swanson City Clerk City of Mendota Heights Dear Ms. Swanson, In response to the notice of hearing received yesterday, I wish to ask you to consider waiving the fees associated with the installation of the sewer system at 2370 Highway 55, Mendota Heights. The proposed assessment at parcel # 27-04100-016-36 will cause an undue hardship on me and the estate of Margaret Perron. The system will be installed over 200 feet from the dwelling which will be a great expense. This system will be of no benefit to me or the selling of the said property. At this time the settlement of my mother's estate is incomplete and we still have many expenses that remain unpaid. Below is a list of some these unpaid bills: Attorney's Fee $1500-2000 Taxes for 1990 1,600 Insurance 336 Funeral Expenses 2325 Dakota Co. Human Service claim 13554 $19815 The property is not marketable because of the restrictions placed on the property by the airport board and the condition of the dwelling itself. Please consider this request. If these requests are not acceptable, consider granting a deferment of these fees until the property is sold. Thank -you for, ur consideration. Sincerely, 2f6&t- 771 Margaret M. Walker Executor Estate of Margaret Perron • TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS MEMO May 3, 1991 Mayor and City Council Tom Lawell, City Administrator Kevin Batchelder, Administrative Assistant DISCUSSION CASE NO. 91-07: U.S. West Antenna Request - CUP Continued Hearing Mr. Jaymes Littlejohn and Mr. Bernie Wong, representing U.S. West New Vector Phones, appeared before the March Planning Commission and the April 9, 1991, City Council meeting to request a Conditional Use Permit for an essential service structure. At the Council meeting, U.S. West was instructed to submit a revised plan for Council consideration and the public hearing was continued until tonight. (See attached plans and memos). PLANNING CONSIDERATIONS The attached plans dated 4-12-91 are in response to Council's comments. Planning Consultant Tim Malloy has not been asked to review these plans. U.S. West has moved the 16' x 52' mechanical equipment building to the west side of the driveway. The building consists of a 16' x 27' mechanical area and a 16' x 25' storage space that would provide the City with 400 square feet of storage area. Although the plan shows a concrete parking pad across the face of the building, U.S. West has indicated that they only desire a concrete drive to each doorway. The landscaping is proposed to remain on the east side of the drive as shown in last month's plan for screening purposes. The exterior materials are proposed to match the existing public works garage in terms of building material type, texture and color. The antennas and their housing units have been revised to be less obtrusive. They are proposed to be painted to match the tower and are shaped like a fin. The antenna housing units are 8' long by 9" deep by 3" wide and are designed to be attached within the fluted valleys of the existing exterior of the water tower. LEASE ARRANGEMENT Staff has met with Mr. Bernie Wong in the interim and the attached lease arrangement has been revised to reflect the following: 1. The term of lease is for five years with an option to extend the lease for three additional five year periods. 2. Initial rent is to be $800 per month with a yearly inflationary increase to be not less than five percent nor more than eight percent and based on the Conditional Use Permit. 3. The storage space, has increased from 100 to 400 square feet, with no additional cost to the City. 4. The mechanical area of the building is heated and the storage space is not. However, the excess exhausted heat will be funneled through the storage space to provide and insure adequate ventilation and to prevent mildew growth. 5. The agreement specifies that there will be no radio interference with our existing radio communications systems or air traffic communications and operations. 6. Upon termination of the agreement, all property rights of U.S. West related to the building revert to the City. 7. Insurance and Idemnification - U.S. West agrees to carry adequate insurance and provide indemnification to the City related to their operation on City property. RECOMMENDATION The Planning Commission voted unanimously to recommend approval of the requested CUP. ACTION REQUIRED Continue the public hearing. Should the Council desire to implement the Planning Commission recommendation, they should pass a motion adopting Resolution No. 91- , RESOLUTION APPROVING A CONDITIONAL USE PERMIT ALLOWING U.S. WEST NEWVECTOR TO INSTALL A CELLULAR PHONE ANTENNA ON THE WATER TOWER WITH ITS SERVICE STRUCTURE AT THE CITY'S PUBLIC WORKS GARAGE. The Council should also pass a motion agreeing to the lease arrangement and directing the City Clerk and Mayor to execute the agreement on behalf of the City. MTL/KLB:kkb CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 91 - RESOLUTION APPROVING A CONDITIONAL USE PERMIT ALLOWING U.S. WEST NEWVECTOR TO INSTALL A CELLULAR PHONE ANTENNA ON THE WATER TOWER WITH ITS SERVIC6STRUCTURE AT THE CITY'S PUBLIC WORKS GARAGE WHEREAS, U.S. West NewVector has made application for a Conditional Use Permit to allow the construction of cellular phone antennas on the City. Water Tower and to construct a service structure building on City Property, said property located at the Public Works garage and east of the water tower driveway; and WHEREAS, the Mendota Heights Planning Commission conducted a public hearing on March 26, 1991 to consider said application; and WHEREAS, the Mendota Heights Planning Commission recommended unanimously that City Council approve the requested Conditional Use Permit; and WHEREAS, the Mendota Heights City Council conducted public hearings on April 2, 1991 and May 7, 1991 on the requested application. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that said Conditional Use Permit would have no adverse effect on the health, safety and general welfare of the citizens of the community or surrounding land; and BE IT FURTHER RESOLVED that said Conditional Use Permit would not be adverse to the general purpose and intent of the Zoning Ordinance; and BE IT FURTHER RESOLVED that said Conditional Use Permit for construction of Cellular Phone Antennas and Service Structure building be approved as presented and proposed according to plans dated April 12, 1991 on file in Planning File No. 91-07 and in accordance with the negotiated lease agreement. Adopted by the City Council of the City of Mendota Heights this 7th day of May, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By ATTEST: Charles E. Mertensotto, Mayor Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS MEMO March 27, 1991 TO: Mayor, City Council and City Admini FROM: James E. Danielson, Public Works Direc Kevin Batchelder, Administrative Assis SUBJECT: CASE NO. 91-07: U.S. West Antenna Request - CUP DISCUSSION Mr. Jaymes Littlejohn and Mr. Bernie Wong, representing U.S. West NewVector Cellular Phones, appeared before the March Planning• Commission requesting a Conditional Use Permit for an essential service structure (see attached memos). In addition to the CUP allowing the essential service structure, Council needs to determine whether or not to allow U.S. West to rent space on City property for both the antenna and the maintenance building. U.S. West has submitted the attached proposed agreement for City review along with a list of previous City's that are currently allowing the facility and what their rental rates are. RECOMMENDATION The Planning Commission voted unanimously to recommend approval of the requestedrCUP. ACTION REQUIRED Conduct the required public hearing to consider the CUP and then make a decision on whether or not the City will allow U.S. West to inftall their antenna and service structure. Should Council desire to implement the Planning Commission recommendation they should pass a motion adopting Resolution No. 91- , "RESOLUTION APPROVING A CONDITIONAL USE PERMIT ALLOWING U.S. WEST NEWVECTOR TO INSTALL CELLULAR PHONE ANTENNA ON THE WATER TOWER WITH ITS SERVICE STRUCTURE AT THE CITY'S PUBLIC WORK GARAGE FACILITY". The CUP is conditioned upon the City coming to a final agreement on a lease arrangement with U.S. West. Council should also give staff guidance on any changes to the proposed agreement and direct staff to finalize the agreement with U.S. West for approval by Council at a future meeting. JED/KLB:kkb TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS MEMO Planning Commission March 20, 1991 James E. Danielson, Public Works Dire Kevin Batchelder, Administrative Assista CASE NO. 91-07: U.S. West - CUP for Essential Building on City DISCUSSION Service's Property U.S. West Vector has been working with City staff over the past several months to prepare a plan for installing cellular phone antenna on the stem of the City's water tower. U.S. West has installed similar antennas on the Eagan and Burnsville towers, and we visited those sites to see first hand an example of what is proposed; Mendota Heights would also receive rent for allowing the antennas to be placed on the tower. Staff, in visiting the other locations, noticed that the connecting cables installed to the side of the tanks can be very unattractive. We asked U.S. West to install the cabling on our tower on the inside of the stem. We also asked them to design a building that would be compatible architecturally to the public works garage and to add landscaping to enhance its attractiveness. The Planning Commission should review these two aspects of the proposal. Telephone buildings are an essential service structure._ under the City's Ordinance definitions andare allowed .within the Industrial Zone under a CUP. ACTION REQUIRED Conduct the public hearing required for the consideration of a CUP to allow an essential service structure within the Industrial Zone and make a recommendation to the City Council. JED/KLB:kkb PLANNING REPORT DATE: 26 March 1991 CASE NUMBER: 91-07 APPLICANT: US West NewVector Group, Inc. LOCATION: Lot 1, Block 1, Medallion Industrial Park ACTION REQUESTED: Conditional Use Permit PLANNING CONSIDERATIONS: 1. Before I begin my review of this application, I must inform you that US West NewVector is a client of Dahlgren, Shardlow and Uban. I have personally represented them in zoning matters in other communities in the Twin Cities Metropolitan area and elsewhere in Minnesota, North Dakota and Iowa. However, I have not been involved with this particular application outside of my duties as consulting planner for the City of Mendota Heights. I have not discussed this matter with the applicant, other than during designated office hours, except to inform them of specific requirements of the Mendota Heights Ordinance as it pertains to this use. In addition, they have in no way attempted to compromise my objectivity regarding their request. 2. The applicant wishes to install a cellular telephone equipment building at the base of the water tower located north of Medallion Drive and west of .Lexington Avenue. They also propose to attach antennas to the outside of the stem of the water tower just under the reservoir. The letter attached describes in detail the cellular phone systefn and the criteria for selecting antenna sites, so I will not repeat this information. I will add that in our involvement with cellular antenna sites elsewhere, we have encouraged US West to collocate on water towers wherever possible. We feel it makes sense to concentrate essential service structures together and, in this case, it also eliminates the need to construct an additional freestanding tower for the cellular antennas. 3. The property where the facility is to be located is owned by the City and is zoned for Industrial use. Essential services are a permitted use in all zoning districts in Mendota Heights. However, Sections 4.9(2)a and 16.2(3) of US WEST NewVector, Case No. 91-07 Page 2 the Ordinance establish essential service "structures" as conditional uses in the Industrial District. We believe cellular phone service meets the criteria of an essential service as defined in Section 3.2(39). The definition specifically lists communication systems and also specifically excludes buildings when used for essential services. The purpose of excluding buildings in the definition is to insure that the aesthetic and site design issues for such buildings are reviewed through the Conditional Use Permit process as provided for in Sections 4.9(2)a and 16.2(3). In our experience, cellular telecommunications are commonly interpreted as essential services in other communities in the Metropolitan Area. 4. Section 5.6(5) of the Ordinance outlines the criteria for considering an application for a conditional use permit. These criteria include: the effect the use may have on the health, safety and welfare of occupants or surrounding lands; existing and anticipated traffic conditions; the potential for parking conflicts on adjacent streets; and the effect of the proposed use on the Comprehensive Plan. Since the equipment building would have no occupants and would be visited relatively infrequently by maintenance technicians, the use generates very little traffic. Parking is also not an issue since the facility may be visited by one or two maintenance vehicles at a time and for a relatively short duration. The site plan for the cellular facility shows an asphalt area large enough to accommodate at least one service vehicle near the entry to the equipment building. The proposed facility as illustrated on the site plan poses no problems for the surrounding land uses and is not inconsistent with the current land use designations for the adjacent properties. The property to the north of the wateil tower site is part of the Resurrection Cemetery and is designated for cemetery use. The land directly west of the tower site contains a parking lot that the City has used to store maintenance equipment on in the past. Beyond this lot is a school district maintenance building. All of this land to the west and south is designated and zoned for industrial use. Clearly, there is little concern for land use conflicts with the uses on these properties. The primary concern is with the single-family property located directly east of the proposed facility. This single-family home is located in a commercial district (B -1A) and is designated for industrial use on the Comprehensive Land Use Plan. 5. The site design and landscaping for the proposed facility were discussed with the applicant during our March 4th US WEST NewVector, Case No. 91-07 Page 3 office hours. At that time, US West was intending to locate the equipment building on the west side of the access drive. Their expressed intent was to locate away from the single-family residence. However, due to the location of the overflow pipe for the water tower and the City's plans for expanding their buildings in this area, we suggested that they move the building to the east side of the drive. Since this results in the equipment building being located closer to the adjacent single-family home and Lexington Avenue, we requested that the applicant provide additional landscaping to help screen the structure from this direction. The landscaping indicated on the drawings submitted with the application will provide ample screening for the adjacent home to the east. By combining evergreens near the equipment building and locating Amur Maple shrubs out near the property line, the building should not be visible from this home and should be substantially screened from Lexington Avenue. To insure that the landscaping provides an effective screen as soon as possible, we would recommend that the evergreens be carefully staggered to create the maximum screen for the single-family home when they are planted. 6. The exterior treatment of the proposed building is intended to match the existing City -owned structures on the property. The building itself will be comprised of a prefabricated structure with a concrete block veneer. The building will have an aluminum fascia at the top, painted brown to relate to the existing structures on the site. The drawings indicate a footing under the block veneer, but it is not clear how they intend to support the prefabricated interior portion of the structure. It is important that the two elements of the building have proper foundations, otherwise frost action could separate the 'jeneer from the rest of the structure and cause cracking and other damage. This issue is best addressed by the building inspections department when plans are reviewed for the building permit. *.= C ION CCM/ ERY • 1 44. WAGON— WHEEL 11 0 • • 4 St 11/04004. SUBJECT PROPERTY NORTH t SCALE V=8001 • ;.. .:::" 1 THE CONVENT *CADENT Of THC VISITATION ft. Girth soom. ROAD \ TWIN( DAVID W. LARSON & ASSOCIATES ATTORNEYS AT LAW 476-A BUTLER SQUARE 100 NORTH SIXTH STREET MINNEAPOLIS. MINNESOTA 55403-1503 TELEPHONE (612) 333-1727 FAX (612) 333-1337 DAVID W. LARSON. JAYMES D. LITTLEIOHN•• SUSAN M. POTrENGER March 5, 1991 Mendotah Heights Planning Commission c/o Mr. Tim Malloy, Consulting Planner 1101 Victoria Curve Mendotah Heights, MN 55118 Re: Proposed Cellular Telephone Antenna Site City Water Tower Property Medallion Drive and Lexington Avenue Dear Mr. Chairman and Commission Members: *ALSO ADMITTED IN WISCONSIN **ALSO ADMITTED IN NORTH DAKOTA This letter accompanies an application for a Conditional Use Permit to locate a cellular telephone antenna site on property owned by the City of Mendotah Heights. The Application is in the name of US West NewVector Group, Inc., which is part of US West, Inc., one of the regional holding companies formed as a result of the breakup of AT&T. Our law firm has been retained by US West NewVector to act as its representative in planning and zoning matters. The Proposed Use. We propose to install a cellular telephone antenna site on land owned by the City of Mendotah Height, near the intersection of Medallion Drive and Lexington Avenue, where the City's water tower is located. This area is an Industrial Use District. This proposed construction consists of mounting ourdirectional antennas on the stem of the water tower, routing our cable that connects the antennas to our equipment (known as "waveguide") on the inside of the stem, and locating a 12' x 36' equipment building near the water tower. The site will be accessed by the existing drive that connects the City's property to Medallion Drive. A site plan and elevations depicting the proposed use accompanies this application. March 5, 1991 Medallion and Lexington Water Tower Property Conditional Use Permit Application Page 2 Equipment Building. The equipment building that is proposed will house radio, computer, climate control, and electrical generating equipment for this site. The site will be connected to our central switching office via traditional telephone lines. In order to facilitate the installation of our equipment in the building, we propose to use a prefabricated building that is approximately eleven feet in height. The equipment will be installed in the building at our central location in Minneapolis. The completed building and equipment will then be transported to the proposed site. The specific location of the waveguide and equipment building are .proposed based upon our preliminary discussions with City staff. Because the City plans to expand its current use of the property, staff suggested that the equipment building be located to the east of the concrete drive that leads to the base of the water tower. Routing the waveguide inside the stem of the water tower was also recommended by City staff to minimus any visual impact on the exterior of the water tower. To match the appearance of the City's buildings . on this site, we propose to use a prefabricated building that is designed to accommodate' a 'masonry veneer. We will -: • • construct a concrete block veneer around our equipment building and will paint this veneer l -H: to match the colors utilized on the City's existing buildings The waveguide that we propose . < -to .:run . from-: the.? base .•-of <the::water ::tower` to lour equipment building ,.will be -buried =it: underground .. ... • The area in which ,Cellniar coverage is needed largely 'defines the required antenna height:'`_;, Naturally, topography) also -plays a role in arriving" at -the appropriate height.'. ;The :; engineering constraints of our cellular system dictate that our antennas must be located 135 3.' -; feet above ground level to meet the cellular coverage needs in the Mendotah Heights We propose to,mount the antennas on the upper portion of the water tower stem to attain.;.•-- that -elevation:= 77 �hese are directional antennas and will be painted to match the 'exterior of the water ;tovi ee = i :: : �_ Because the antennas and equipment facility are operated remotely, there will be no measurable impact on traffic or other conditions. The site is electrically powered and produces no noise, smoke, fumes, glare, or odor. Landscaping. To improve this site, and to minimize the visual impact of our equipment building on the site, we propose to landscape the area to the east of our building - The proposed plantings-° - werechosen to match the City's existing landscaping in the vicinity of the base of the water tower. A landscape plan accompanies our application for your reference....• • March 5, 1991 Medallion and Lexington Water Tower Property Conditional Use Permit Application Page 3 The Cellular Phone System. The primary users of cellular telephone service are members of the business community as well as the public sector. Doctors, builders, salespersons, business owners, and executives all benefit by using cellular phones. Additionally, cellular is extensively used by fire and police departments. The system allows police and others to conduct discreet communication in the field. Cellular phone users can contact "911" to report accidents, fires, or other emergencies without first having to search for a telephone. Mr. James R. Beutelspacher, 9-1-1 Project Manager for Minnesota, recently wrote that "the unimpeded growth of cellular service is an important adjunct to 9-1-1 emergency reporting." His letter is attached for your information. This is consistent with your City Ordinance's definition of "Essential Services" (in Section 32(39)) as including communication systems. We have asked the City to allow US West NewVector to locate this cell site on City property for two reasons. First, as mentioned above, our antennas must be located 135 feet above ground level in this geographic area, and the proposed location of the antennas on the water tower fulfills that requirement. Second, and more importantly, the nature of cellular communications as an essential service lends itself to a partnership between local governments and cellular communications. As long as public property is located within the area where a cell site must be located, working closely with governments seems most '= ;.:= appropriate in view of the public use nature of the cellular telephone system. The cellular telephone equipment is powered with 200 amp, typical household power. The cell site is operated and monitored remotely. Our personnel in Minneapolis and in - Bellevue, Washington, monitor the site around the clock and are alerted by silent smoke, fire and forced entry alarms. Periodic maintenance is normally required about once a month. As a result, the proposed use will not materially change the need for public services at this site. Cellular is a low4power system. The amount of energy generated from a single cellular phone channel is typically about the same as a 100 watt light bulb. This is less energy than is generated by the typical cordless telephone which is use in many homes today. The Cellular Grid. Cellular service provides subscribers with office -quality phone service by developing a grid of antennas arranged in a geographically hexagonal pattern. Each hexagon is a "cell" created by an antenna which serves as the link between the customer and the system while the customer is within that particular cell. Each cell can only handle a finite number of calls at any one time. As the number of customers increases, the grid must be changed to handle the increasing number of calls. This usually means that more cells need to be created within the same geographical area, resulting in a new grid pattern of smaller cells. Marcia 5, 1991 Medallion and Lexington Water Tower Property Conditional Use Permit Application Page 4 The cellular mobile phone system operates on a specific set of channels set aside by the Federal Communication Commission (FCC). The filtering of spurious signals is very tightly controlled. Cellular telephones operate within a strictly regulated set of allotted frequencies between 835 and 897 megahertz. US West is currently operating over 200 cellular antennas around the country with no case of television or radio interference reported. Naturally, this cell site is proposed in accordance with our FCC license to provide cellular service in this area. Mr. Albert S. Jarratt, Jr., Engineer in Charge of the St. Paul Field Office, Field Operations Bureau of the FCC recently confirmed that the FCC has received no complaints of interference by cellular phone transmissions with home electronic entertainment equipment in the Twin Cites or in any the five states in which Mr. Jarratt's office has jurisdiction. His letter is attached for your information. The Search Area Criteria. We have been working for several months to locate an antenna site in this area to solve cellular phone service coverage needs. At the present time, owners of hand-held portable phones are unable to use those phones in some areas of Mendotah Heights. Lost connections, or "dropped calls," are also a potential problem for subscribers in this area as demand for cellular telephone service continues to increase. Many factors go into choosing a location for a cell site. These include market factors, technical considerations, cellular grid, zoning and land use compatibility, land owner willingness to sell or lease, topography of the surrounding area, and accessibility to roads. Taken together, all of these factors create a narrow search area for location of the cell site. Indeed, these factors combined to make the proposed site ideal. As Section 32(39) of the Mendotah Heights Zoning Ordinance provides, communications systems such as cellular are essential services.. Essential service structures like our equipment building and antennas are a conditional use of land in an Industrial Use District as set forth in Section 162(3) of the Zoning Ordinance. Thus, even though the service itself is a permitted use, Section 4.9(2)a requires a Conditional Use Permit prior to construction of the antennas and equipment building. US West NewVector is negotiating a lease with the City of Mendotah Heights that contemplates the proposed use. At the suggestion of City staff, we hope to conclude the lease negotiations and the Conditional Use Permit application process at approximately the same time. In this way, the lease will incorporate city planning concerns. March 5, 1991 Medallion and Lexington Water Tower Property Conditional Use Permit Application Page 5 Conclusion. I hope this letter will serve to better explain our Application and to answer some of your questions. If we can be of further assistance, please feel free to contact me at 333-1727. We will be in attendance at your meeting on March 26, 1991, to make a full presentation and to address any questions that you may have. We appreciate the assistance that we have already received from the City staff, and we look forward to working with you to provide better cellular phone service to the Mendotah Heights area. Sincerely, Jaymes P : Littlejohn JDL/j1 Enclosures AAAA AA City of Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. q (` 0 rl Date of Application 3-'-C1 1 Fee Paid5-0 *C T) ReC# 25 4) Applicant Name: U.S. West NewVector Group, Inc. pH: (612) 333-1727 (Last) (First) (MI) c/o David W. Larson & Associates Address: 476-A Butler Square Minneapolis, MN 55403-1503 . (Number & Street) (City) - (State) (Zip) Owner Name: .City of Mendotah Heights () (First) (MI) Address: • (Number & Street) (City) (State) (Zip) Street Location of Property in Question: Mendotah Heights Water Tower Near intersection. of Medallion .Drive and Lexington Avenue . Legal Description'of Property: Lot ..1, .:B3oick11 Medallion Industrial .Park Type of Request: • - Rezoning Variance . xx 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 401 Section3.2(39),16.2(3),4.9(2)a Present Zoning oProperty ' I ' :- =:r- Present Use Water Tower Proposed Zoning ofPrnperty 1Same Proposed Use Cellular Antenna & Equipment Site I hereby declare that all statements made in this request an on the additional material are true. (Signature of App 'cant) Jaymes D. Littlejohn, Esq. 3--C 7/ (Date) (Received by - Title) 1101 Victoria Curve' =Mendota Heights, MN . 55118: =' ° 452.1850: fITA7E Of M(NNf7:OTA Department of Administration nterTechnologies Group SOO Cest•Ani•I A((ie.bdldi..c VA (teeter Street Rt. A..i.1,(y,nc.nee Mits. November 1, 1989 Mr. Ron Sanders Regional General Manager U.S. West Cellular Opus Gateway, Suite 410 9800 Brenn Road East Minnetonka, Minnesota 55343 Dear Mr. Sanders: I am writing to thank you for your continued cooperation in providing the best possible 9-1-1 service to your subscribers and to express my support for further cellular growth. As you know, the public safety community began receiving 9-1-1 emergency calls from cellular users from the start of cellular service. The 9-1-1 system improves the level of pubic safety service to the oommuntty by allowing faster and easter emergency reporing. Cellular service enhances that capability by allowing 9-1-1 calls from the scene, regardless of landline telephone availability. It provides the opportunity for on -the -spot emergency reporting. Your effort to help route cellular 9-1-1 calls tothe proper public safety answering point and advise your subscribers about 9-1-1 avallablity has been a significant help to public safety. In 1986, the Golden Valley State Patrol dispatch center answered about 300 cellular 9-1.1 calls per month. This year, well over 2,000 calls a month are responded to. That increase indicates both your success In selling cellular telephones, and your help In educating your subscribers about 9-1-1. Many of those 9-1-1 calls reported emergencies located away from oorwentionai telephones, so cellular saved precious time. The mobility of cellular. service complements the universality of the 9-1-1 system to provide a real benefit to the community. it has been a pleasure working with you to bring the benefits of 9-1-1 and cellular service to the comm6nittes of Minnesota.. Minnesota Is proud of our accomplishment of statewide 9-1-1. Your efforts at eventual statewide cellular service is appreciated and encouraged. The unimpeded growth of cellular service is an important adjunct to 9-1-1 emergency reporting. We look forward to further joint efforts to provide this service to more Minnesotans. James R. Beutelspacher State 9-1-1 Project Manager Business Technologies Division mf cc:John Shardiow DSU incorporated l at...,........U., 111 FEDERAL COMMUNICATIONS COMMISSION FIELD OPERATIONS BUREAU October 29, 1990 Timothy G. Malloy Dahlgreen Shardlow and Uban Inc. 300 First Avenue North Suite 210 --Minneapolis, MN 55401 ----- Dear---- Dear Mr. Malloy: Nov - 1990 ADDRESS REPLY TO: 693 Federal Building 316 N. Robert Street St. Paul, MN 55101 I am writing in response to your inquiry regarding FCC monitoring of cellu- lar phone operations and the incidence of reports or complaints of inter- ference with home electronic entertainment equipment. The St. Paul Field Office, Field Operations Bureau (FOB) is the Bureau of the Federal Communications Commission which is responsible for insuring compliance with most of the techinal rules that the Commission administers. We also provide a variety of services and special assistance to FCC licensees and to the public. Generally, if there is a complaint regarding a television, radio or other FCC licensed broadcasting entity in this region, it would be registered with our office. The jurisdiction of the St. Paul Field Office covers all of Minnesota and North Dakota and portions of South Dakota, Wisconsin and Michigan. Complaints can be registered with us either by telephone or by writing our office at the above address. We have r.eceived no complaints of interference with home electronic enter- tainment equipment in the Twin City area or anywhere within the jurisdiction of our office as a result of cellular phone transmissions. This is not surprising since the frequencies on which the cellular system is licensed to operate are located in the ultra high frequency (UHF) band which is signi- ficantly higher than radio and television frequencies. There are relatively few other chanpels in this frequency range which broadcast programming intended for the general public. I hope this anwers your questions. If you need any further information contact me at (612) 290-3819. Sincerely, Albert . Jarratt, Jr. Engineer In Charge PRB/c j CITY OF MENDOTA HEIGHTS MEMO March 6, 1991 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Mendota Heights Planning Commission will meet at 7:45 o'clock P.M. on Tuesday, March 26, 1991, in the City Hall Council Chambers, 1101 Victoria Curve, to consider an application from U.S. West NewVector Group, Inc. for a Conditional Use Permit to attach cellular antennas to the City's Water Tower and construct a small equipment building on the following described property: Lot 1, Block 1, Medallion Industrial Park More particularly, this property is located at the Mendota Heights Public Works Garage which is near the intersection of Medallion Drive and Lexington Avenue. 'This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to this request will be heard at the meeting. CITY OF MENDOTA HEIGHTS MEMO March 13, 1991 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Mendota Heights City Council will meet at 8:00 o'clock P.M., or as soon thereafter as possible, on Tuesday, April 2, 1991, in the City Hall Council Chambers, 1101 Victoria Curve, to consider an application from U.S. West NewVector Group, Inc. for a Conditional Use Permit to attach cellular antennas to the City's Water Tower and construct a small equipment building on the following described property: Lot 1, Block 1, Medallion Industrial Park More particularly, this property is located at the Mendota Heights Public Works Garage which is near the intersection of Medallion Drive and Lexington Avenue. This notice is pursuant to City of Mendota Heights Ordinance No. _401. Such persons as desire to be heard with reference to this request will be heard at the meeting. Kathleen M. Swanson City Clerk DIA City of Mendota Heights March 28, 1991 Mr. Jaymes Littljohn David W. Larson and Associates 476-A Butler Square Minneapolis, MN 55403-1503 Dear Mr. Littlejohn: Your application for a 61tAkt4-(04Act-( 63-e. ?et-wit-twill/be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, js-v--4:k z( (eNt . .The Council meeting starts at 7:30 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative, should plan on If you have any questions; please feel free to contact me. • • ••'. - •• KLB:kkb • Sincerely, • - • - Kevin Batchelder I,- • Administrative Assistant 1101:Victoria Curve -Mendota` Heights, MN • 55118 -452-1850 March 20, 1991 Mr. Jaymes D. Littlejohn David W. Larson and Associates 476-A Butler Square Minneapolis, MN 55403-1503 Dear Mr. Littlejohn: Your application for a Uc.e. E5Set44-m(SeancokS 11 be considered by the Planning Commission at their next regularly scheduled meeting, which will .be. held on TUesday,)(vick,,,11=_• • - • The Planning Commission meeting statrts-at,7:30 o'clock. Pal., here incere, Kevin -Batchelder:„ Administrative Assistant n, • • , • • _ . • • • *, • .•;i. :" „ ". •••• • "• • •••• • • ::•••.' „ . • . .,4:.•••••.:.• • ' „ ,•::••."••; -• •:••••"• • 05/03/91 14:29 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS 0002 AGREmEEINT '.Lh1S LEASE is made this 1st day of June, 1991, between the CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation ("Lessor") and MINNEAPOLIS SMSA LIMITED PARTNERSHIP, a Delaware T.i m z ted Partnership ("Lessee"). For good and valuable consideration; the Lessor and Lessee agree as follows: 1. PROPERTY AND PREMISES. Subject to the following terms and conditions, Lessor leases to Lessee certain space on Lessor's MENDOTA HEIGaiS WATER TOWER (the "Tower"), and space adjacent to the Tower, (collectively referred to as the "Premises") on Lessor' s Property located at 2431 Lexington Avenue South, Mendota Heights, Minnesota, (the "Property") on a non-exclusive basis. The Property is legally described on Exhibit A, which is attached hereto and the Premises are described on Exhibit B, which is attached here to, both of which. are made a part hereof. 2. USE. subject to the terms of this Lease, the Premises may be used by Lessee for the transmission and reception of cellular telephone communication signals authorized for use by Lessee by the Federal Communications Commission ('*FCC") and.f or . appurtenant uses necessary thereto. The primary purpose of the Property is for a water tower to provide water service to residents of MENDOTA HF'.TGHTS. In the event that the use of the Tower for water service is jeopardized because of antenna usage on the Tower, the City may require reasonable changes in the terms and conditions 3. ~b 5/O3/91 14:29 FAX 612 333 1337 LARSON & ASSOC. -►i-► MENDOTA HEIGHTS 0]003 of this Agreement in order to prevent the jeopardization of water service. 3. TERN. The terra of this Lease shall be five (5) years, commencing on ..Tune 1, 1991, (the "Commencement Daten) and ending on May 31, 1996. Lessee 'shall have the right to extend this Lease for three (3) additional .five-year terms .("Renewal Term") - The Renewal Terni shall be on the same terhs and conditions as set forth herein except for rental adjustments as provided in Paragraph 4, Rent below. To renew this Lease for a renewal term, Lessee shall notify Lessor of Lessee's intention to renew•the Lease at least six (6) months prior to the expiration of the term. Lessee's right to renew this Lease beyond the second term. shall be subject to Lessor's written• approval, which approval shall not be unreasonable withheld. 4. RESIT. a. Upon the Commencement Date, Lessee shall pay Lessor, as rent, the following sums ("Rent"): Reasonable aiministration costs. Based on Lessee's initial installation as described in Exhibit D, which is attached hereto, the monthly rental amount on the Commencement Date shall be Eight Hundred Dollars ($800.00), provided that Lessee may not add additional' equipment and/or antennas from that shown on Exhibit D without the approval of the Lessor, which approval shall .not be unreasonably withheld or delayed, and provide further that there shall be additional rent charged for additional equipment and/or antennas that are 2 115/03/91 14:29 FAX 612 333 1337 LARSON & ASSOC. -►-►-+ MENDOTA HEIGHTS 01004 installed. The Rent shall be increased annually by an amount equal to the increase in the Consumer Price Index ("CPI") as provided below, or 5% whichever is greater. However, the Rent shall not in any case increase more than 8% per year, nor shall it ever be decreased b. The CPI shall mean the "Consumer Price Index for All Urban Consumers, All Cities, All ItP'ng (1967 = 100)" as published by the United States Department of Labor, Bureau of Labor Statistics or, if such index shall be discontinued, the successor index thereto or, if there shall be no successor index, such comparable index as shall be mutually agreed upon by the parties. hereto. To determine the annual rental increase to be paid by Lessee, the •monthly rental for the previous year shall be multiplied by a fraction, the numerator of which shall be the CPI for the quarter immediately preceding the annual anniversary date of the Lease and the denominator of which shall be the CPI for the correspondingquarter of one year earlier. Lessor shall be 4 -- responsible for' communicating all rental increases to Lessee. c. If f hi S Lease is terminated at any time other than on the last day of a month, Rent shall be prorated, based on a thirty day month, as of the date of termination, and in the event of termination for any reason other than nonpayment of Rent, all prepaid Rents shall be 'refunded to Lessee. d. As additional compensation, Lessee sha11 provide the City interior equipment space of approximately 400 square feet in its building, as depicted on the attached Exhibit E, at no expense to 3 05/03/91 14:30 FAX 612 333 1337 LARSON & ASSOC. -►-►i MENDOTA HEIGHTS U005 the City, for the use of the city and others authorized by the City to use such space. 5. FACILITIES a. Lessor, agrees to maintain and operate the Property in accordance with .good engineering practices, with all applicable FCC rules and regulations, and in compliance with the Site Standards, which are attached hereto and made a part hereof as Exhibit C, and any reasonable amendments thereto that it shall decide to make, and to cause all other lessees and users of the Property, where feasible, to do the same. b.Lessee agrees to install equipment, (Lessees's "Antenna Facilities") as described. in Exhibit D attached hereto, in compliance with the Site Standards. and any reasonable amendments thereto, all FCC rules and regulations, and good engineering practices. Lessee agrees that its Antenna Facilities will be of types and frequencies which will not cause radio frequency interference to Lessor or to any other lessees of the premises, provided that Lessor, all lessees and other users of the Property are in full compliance with Paragraph 4 (a) above. In the event such interference does •occur, Lessee agrees that it shall be responsible for the correction of said interference as provided in Paragraph 6 below. Prior to attaching to or installing on the Tower its Antenna Facilities, Lessee shall obtain Lessor's approval of the proposed manner of attachment or installation. c. Lessee shall construct at its expense the building on the premises in accordance with the plan, 'specifications and site 4 05/03/91 14:30 FAX 612 333 1337 LARSON & ASSOC. -4-44 MENDOTA HEIGHTS U006 plan on file with Lessor and in accordance with all applicable codes, ordinances and statutes. After construction, Lessee shall maintain and repair the building and grounds in a reasonable condition at its expense. Lessee shall provide electricity and air conditioning- at its expense for the portion of the building utilized by the Lessee and exhaust -was= heat from Lessee's side of the building to Lessor's side and to ensure adequate ventilation to Lessor's side .of the building at all' times. d. Lessee shall be solely responsible for any taxes on its building or personal property. e. Upon termination of the Lease, and any extensions of the Lease, title to the building shall automatically pass to Lessor. f. Lessee agrees to provide the Lessor (within the first sixty (60) days) with the radio frequency of each transmitter and receiver initially installed and operational on the premises. Prior to adding additional transmitter or receiver frequencies on the premises, Lessee agrees to notify the Lessor of the modified frequencies so that Lessor can perform the necessary interference studies to ensure that the modified frequencies will not cause harmful radio interference to other existing- premises radio lessees. For the purpose of the Agreement, harmful interference shall be defined .as transmitters that produce receiver desensing because of inadequate frequency spacing between new transmitters and existing receivers, or transmitters that produce second, third, or fifth order harmful intermodulation products within twenty (20) KElz of existing receivers on the premises. Lessee must provide a 5 05/03/91 14:31 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS 0007 list of the initial frequencies to be used on the premises, prior, to final signature of this Agreement. Lessee will not utilize transmitters at the premises that cause harmful interference to existing radio users on the premises. g. Lessor acknowledges that from time to time and at any time Lessee, in the course of its business, is required to change or to increase or decrease the number of frequencies upon which it transmits and receives, and Lessor agrees Lessee may do so, provided that prior to any such'changes or increases Lessee shall give Lessor 72 hours written notice identifying such changes or increases. The frequencies which are currently in use by Lessee at any given point in time shall be considered the frequencies that Lessee is using for all purposes under this Lease (hereinafter referred to as uLessee's Frequencies). Specifically, Lessee's Frequencies shall not include any frequencies formerly used by Lessee. Lessee shall provide a list of the initial frequencies it intends to use on the premises at least thirty (30) days prior to utilization of such frequencies. 6. RADIO FREQUENCY INTBPERBNCB. a. In the event Lessee's use of the Premises is reasonably believed by Lessor to be causing radio frequency interference (Interference'), Lessee will upon notice as provided in Paragraph 6(b) below by Lessor to Lessee, conduct investigations and testing as necessary to determine if Lessee's Antenna Facilities are causing such interference (hereinafter referred to as "Testing"). 6 05/03/91 14:31 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS e008 Lessor may, in its notice to Lessee, include a requitement that Lessor or its representative be present at all on-site testing and Lessee. shall conduct such Testing in accordance with said request, subject to paragraph 6(d). If Interference cannot be eliminated within two business• days of the receipt of said notice from Lessor to Lessee, then Lessee shall .discontinue transmitting on those frequencies. which Lessor believes to be causing Interference except: (1) if Lessee is able to reasonably demonstrate to Lessor's satisfaction, which satisfaction shall not be unreasonable withheld, that said frequencies are not causing or materially contributing to Interference or; (2) for purposes of intermittent, operation• or testing after performing such maintenance, repair, modification, replacement. of other action for the purpose of correcting Interference or; (3) as otherwise provided below. b. All other provisions of thiq Lease to the contrary notwithstanding,' any notice by Lessor to Lessee of Interference that Lessor reasonably believes to be caused by Lessee shall conform to the following requirements: (1) such notice shall be• sent •by facsimile transmission,. hand delivered or delivered overnight mail where a signature is required for the receipt thereof, (2) receipt of such notice will be considered that time at which Lessee is actually in possession of such notice, or has signed for its receipt, (3) such notice shall contain the name and phone number of the user• experiencing- Interference, the frequency on which Interference is occurring, the date that the frequency was placed into operation, the date and •nature of the last modification 7 05/03/91 14:32 FAX 612 333 1337 LARSON & ASSOC. -+-4-' MENDOTA HEIGHTS a009 of any kind to that user's equipment, a complete description of the type, location and power levels of that user's equipment and of the nature and times of the Interference, the frequency of Lessee reasonably believed to be causing Interference, and a statement describing the basis of said belief. c. Except as provided herein, if Lessor notifies Lessee as provided in Paragraph 6(b) above of radio frequency Interference which is not eliminated or shown to not be caused by or materially contributed to by Lessee's frequency within thirty (30) days of said notice, then Lessor may terminate this Lease without further obligation by either party. d. ' In the event Testing requires access to and use of the equipment of other users of the Property or the presence of Lessor as provided in Paragraph 6(a) above, Lessor agrees to coordinate such cooperative efforts as are reasonably required for Lessee to secure same. The time limits for Lessee's discontinuance of frequency use in 'Paragraph 6(a) above and for termination of this Lease in Paragraph 6(c) above shall be extended as necessary to secure said cooperative efforts and to the same extent as any delay in securing same. e. In the event Lessee clearly demonstrates the primary cause if Interference to be the equipment or property of Lessor or of another user which is (1) malfunctioning, (2) functioning outside of its manufacturer's specifications, (3) does not meet FCC rules, regulations, .or guidelines, or (4) does not comply with the Site Standards (said equipment being hereinafter referred to S 05/03/91 14:32 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS 12010 as "Defective Equipment"), Lessee shall not be obligated in any way to discontinue use or operation of its Antenna Facilities or frequencies. In such event Lessee will not be held liable in any way to modify or alter the use of its Antenna Facilities, nor be obligated in any way to participate in the cost of correcting or modifying • Defective Equipment, nor to conduct further testing or investigations at its own expense, nor be held further obligated under or in default of this Paragraph 6, whether or not Interference continues. f. In the event Lessee clearly demonstrates that said Interference could be eliminated by the modification of Lessor's or another user's equipment and/or appurtenances thereto which do not fall under any of the categories in Paragraph 6(e) above and which were placed into service before lessee begantransmitting on the frequencies causing or materially contributing to said Interference (hereinafter referred to as "Non -Defective Equipment'), Lessee shall, at its. option, either (1), permanently discontinue use of its frequency so causing or contributing or (2)1 modify said Non -Defective Equipment at Lessee's expense with the consent of the Lessor and/or other user. Lessor's consent will not be unreasonably wii-hheld and. Lessor will use reasonable efforts to obtain the consent ,of any. other users. g. In the event Lessee* reasonably • determines that Interference is caused or materially contributed to by the condition or configuration of property or materials not owned or operated by LesSee. which are also not considered radio equipment 9 05/03/91 14:33 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS I1011 or any appurtenance thereto, Lessee shall not be obligated to modify or repair said property or materials or to discontinue use of Lesseers Frequencies. However, if Lessee's Frequencies are also a materially contributing component of Interference and the frequency and equipment experiencing interference was placed into service and modified or altered prior, but not subsequent to Lessee's Frequencies being placed into service, then Lessee shall be obligated to discontinue use of those of Lessee's Frequencies so contributing, provided said discontinuance causes the substantial elimination of Interference. h. In the event Lessee reasonably determines Lessee's Frequencies are a component of Interference, which Interference is also materially contributed to by another user's equipment or frequency which has been installed altered, repaired, or modified in any way that is responsible for said material contribution and said installation, alteration, repair or modification was done subsequent to Lessee's Frequencies being placed into service, Lessee shall have no obligation under this Paragraph 6, or for modification of its own Antenna Facilities or their use, or to modify the equipment of other users, and shall not be considered in default of this Lease, even if Interference continues. Provided that, notwithstanding any other provisions of this Lease, if another user (other than another Cellular telephone company) whose equipment,. antPrma, or frequency was installed, altered, repaired or modified in any way, subsequent to the date of this Lease experiences or causes interference to or from Lessee's equipment, L0 05/03/91 14:33 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS U012 antenna or frequency and the other user has observed all of the site standards and has taken all practical meures to eliminate the inter ference Lessee will cooperate with the Lessor to insure that the other user may continue to utilize the_ Mendota Heights Tower and be a source of revenue for the Lczsor by discontinuing the use of Lessee's frequency that is causing or receiving the interference and. utilizing one of the other frequencies Lesse. e has available, or by taking such other remedial action as might be necessary to permit the other user to remain a Lessee of the Lessor as long as any affected Lessee, other than the City of Mendota Heights pays for the cost of such change and Lessee's rights and operations do not suffer any material adverse impact provided this clause shall not apply to the City of Mendota Heights as a user of the site. Any provision of thi g Lease to the contrary notwithstanding, Lessee shall not be obligated to modify, replace, repair or alter the equipment of another FcC licensed provider of Cellular Telephone Service whether said equipment is Defective or Non -Defective, provided that this Paragraph 6(i) does not relieve Lessee of its responsibility to eliminate Interference as otherwise provided herein. j Lessor agrees not to perform any installation, operation or modification of equipment on the Property which will cause radio frequency interference to Lessee subsequent to lessee's. Frequencies being placed into service, nor to allow any of Lessor's other lessees, agents, contractors or invitees to do so. Lessor 05/03/91 14:34 FAX 612 333 1337 LARSON & ASSOC. -'44 MENDOTA HEIGHTS further warrants that it will exercise its best efforts to insure that any future lessees providing FCC licensed Cellular Telephone Service share equally with Lessee in the burden of elimination of interference as provided herein. k. Except as provided in this Paragraph 6, Lessee shall have no obligation nor be held in default of thi s Lease for reason of or relating to radio frequency interference. 7. ACCESS. a. Lessor shall, at all times, use reasonable efforts to provide Lessee ingress, egress, and access from an open and improved public road, over and -under the Property to the Premises adequate to service the Antenna Facilities at no additional charge to Lessee. Lessee shall provide lessor's Director of Public Works with keys to Lessee's building and gate and Lessor shall be allowed immediate access thereto in the event of an emergency. In the event Lessor • desires access for. other than emergency purposes, Lessor shall notify Lessee of same by contacting Lessee's Network Operations Department (1-800-445-5514) and indicating- the time and duration of .desired access, which shall be no sooner than 24 •hours after said notice nnl ess witually agreed to by both parties. Upon said notice, Lessee shall, at its option either (1) provide supervision for Lessor's access within 24 hours of Lessor's request or (2) give Lessor permission to access Lessee's room without supervision at an agreed time and for an agreed duration. Lessor acknowledges. that the door to Lessee's room. is. alarmed • and 12 0013 05/03/91 14:34 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS (]014 monitored 24 hours a day and that Lessee's policies may include immediate notification of service personnel and/or law enforcement authorities of unidentifiable, rincheduled entry. 8. TERMINATION. a. Except as otherwise provided herein, this Lease may. be terminated, without any penalty or further liability, on thirty" (30) day notice as follows: (a) by either party. upon a default of any covenant or term hereof by the other party which default is not cured within thirty (30) .days of receipt of written notice of default (without, however, limiting any other rights avail able to the parties pursuant to any other provisions hereof) ; (b) by Lessee if it is unable to obtain or maintain any license, permit or other Governmental Approvalnecessary to the construction and/or operation of the Antenna Facilities or Lessee's business or (c) by Lessee of the. Property is or becomes unacceptable under Lessee's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong. b. Upon termination of this Lease, Lessee shall, within ninety (90) days thereof, remove all of its Antenna Facilities/ except the building from the Premises and return the Premises to their original condition, reasonable wear and tear excepted. 9. • COMPLIANCE WITH STATUTES AND REGULATIONS. Lessee's Antenna Facilities shall be erected, maintained and operated in accordance with City code and State statutes, rules and regulations and in compliance with any rules or orders now in effect or that hereafter may be issued by the FCC and with the Site Standards. .13 05/03/91 14:35 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS @015 10. EAINTENANCE AND OPERATION OF PROPERTY. a. Lessor shall have the right to operate its facilities at the Tower in.such manner as will best enable it to fulfill its own service requirements, but in accordance with the provisions herein. Lessor shall not be liable to Lessee for any interruption in the service of Lessee or for interference with the operation of Lessee's Antenna Facilities arising in any manner from use of the premises hereunder, unless due solely to the negligence or willful misconduct of Lessor, its employees, agents or invitees. b. Lessor agree -s that any action on the part of Lessor without prior notice to Lessee in making repAirs, alterations, additions or improvements in the operation of the Property which might materially interfere with, suspend, cut-off or terminate access to or use of the PreMises and its facilities and equipment, including air-conditioning therein, could cause inconvenience, expense and economic loss to Lessee. Therefore, Lessor agrees to make reasonable efforts to give Lessee advance notice (except in the case of emergency where advance notice cannot reasonably be given) of any planned shut -downs for scheduled routine maintenance and of repairs, alterations, additions or improvements t� be *made with respect to the maintenance of operation of the Property which Lessor reasonably knows might materially affect the operation of Lessee's Antenna Facilities. Lessor further agrees to make reasonable efforts to minimize such inconvenience or possible loss or expense to Lessee by changing the times and methods for the performance of such work upon the request of Lessee, provided that 14 05/03/91 14:36 FAX 612 333 1337 LARSON & ASSOC. -►-►-► MENDOTA HEIGHTS U016 any increase in actual costs thereby incurred by Lessor shall be paid by lessee wii-h i n thirty (30) days after Lessor renders a statement of reasonable and verifiable costs therefor. 11. INSURANCE. a. Lessee shall indemnify Lessor and hold Lessor harmless from and against any and all claims and demands relating to the negligence or misconduct of Lessee, its agents and employees, including the payment of reasonable attorneys' fees and costs for damages to property and injury or death to persons, including any payments made under any worker's compensation law or any plan for employees' disability and death benefits, which may arise out of or be .caused by the installation, maintenance, presence, use or removal of Lessee's Antenna Facilities in the pr i es described hereunder, except as said claim or demand may arise out of or in any way result from the negligence or willful misconduct of Lessor, its employees,. agents or invitees. b. Lessee shall carry insurance with a company acceptable to Lessor in the amount of Three Million and No/100 ($3,000,000_00) Dollars per injury and per occurrence to protect the parties hereto against any and all claims, demands, actions, judgment, costs, and expenses and liabilities which may arise out of or result, directly or indirectly, from Lessee's use of the Premises, and Lessor .shall be an additional insured thereon. Lessee shall also carry such insurance as will protect it from all claims under any worker's compensation laws in effect that may be applicable to Lessee. All insurance required hereunder shall 15 05/03/91 14:36 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS 0017 remain in force for the entire life of this Lease and proof thereof in the format of a certificate shall be provided to Lessor prior to the Commencement Date. c. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage:caused by fire or any of the risks enumerated in a standard "All Risk." insurance policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 12. DESTRUCTION OF PROPERTY. If the Property or the Antenna Facilities are destroyed or damaged so as, in Lessee's judgment, to hinder the effective use of the Antenna Facilities, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying the Landlord not more than 45 days following the date of damage. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reimbursement of any Rent prepaid by Lessee. 13. NOTICES. Except as otherwise provided herein, all notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, 'return receipt requested, to the following address: If to Lessor, to: City of Mendota Heights Attn: Director of Public Works 1101 Victoria Curve Mendota Heights, ISI 55118 .16 05/03/91 14:37 FAX 612 333 1337 LARSON & ASSOC. 144 MENDOTA HEIGHTS 2n018 If to Lessee, to: Minneapolis SMSA Limited Partnership Attn: Real Estate Department 3350 161st Avenue SouthiPst P.O. Box 7329 Bellevue, WA 98008-1329 14. TITLE AND QuihT ENJOYMENT. Lessor warrants that (a) it has full right, power, and authority to execute this Lease; (b) it has good and unencumbered title to the Property free and clear of any liens or mortgages and (c) the Property constitutes a legal lot that maybe leased without the need for any subdivision •or platting approval. Lessor further warrants that Lessee shall have the quiet enjoyment of the Property during the term of this Lease or any renewal thereof, subject to the terms of this Lease. 15. ASSIGNMENT AND Sut3LEASE. a. Lessee shall not have the right without Lessor's written consent to assign this Lease, or to sublet all or .any part of its rights and obligations hereunder, except Lessee may assign this Lease to any parent, subsidiary or affiliate of Lessee or to any person, firm or corporation which shall be controlled by, any corporation into which Lessee may be merged or consolidated or which purchases all or substantially all of the assets of Lessee. Lessor covenants and agrees that it will not unreasonably withhold or delay its consent to any other assignment of this Lease, or the subletting of all or any part of the Lessee's rights and obligations hereunder, to any other person, firm or corporation. b. Nothing in this Lease shall preclude Lessor from leasing other space for communications equipment to any person or entity which may be in competition with Lessee, subject to 17 05/03/91 14:37 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS 0019 Paragraph '6(j) above. Lessor hereby agrees that any of its subsequent lessees or licensees at the premises shall be in conformance with Paragraph (6) of this Lease. 16. SUCCESSORS AND ASSIGNS. This Lease shall run with the Property described on Exhibit A. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 17. FAILURE TO REMOVE PROPERTY. Any of Lessee's property remaining on the PrPnises thirty (30) days after the expiration or the termination of this Lease, which Lessor does not require Lessee to remove, shall become the property of Lessor free of any claim by Lessee or any person claiming through Lessee. 18. ENTIRE 'AGREEMENT, SEVERABILITY. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. DATED as of the date first set forth above. LESSOR: CITY OF MENDOTA tits( trLS BY: Charles Mertensotto, Mayor BY: lathy Swanson, City Clerk 18 05/03/91 14:38 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS 1020 MINNEAPOLIS . SMSA LIMITED PARTNERSHIP BY: U.S. WEST NEW -VECTOR GROUP, INC. General Partner By: Its. STATE OF MINNESOTA) ) SS COUNTY OF SPIN) On this day of , 1991, before me, a Notary Public in and for the State of Minnesota, personally appeared Charles Mertensotto and Kathy Swanson, known to me t� be the Mayor and City• Clerk, respectively, of the City of Mendota Heights, the corporation that executed the with f n and foregoing• instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. WITNESS my hand and the official seal affixed the day and year first above written_ Notary Public STATE OF WASHINGTON) . ) SS COUNTY OF KING On this day of , 1990, before me, a Notary Public in and for the State of Washington, personally .appeared known to me to be the of U.S. West New -Vector Group, Inc., the corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the:free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. WITNESS Tay hand and the official seal affixed the day and year first above written. Notary Public 19 05/03/91 14:38 FAX 612 333 1337 LARSON & ASSOC. -,-►-► MENDOTA HEIGHTS fj021 EXHIBIT A Legal Description Lot 1 Block 1 Medallion Industrial Park, City of Mendota Heights, Dakota. County, Minnesota. 20 05/03/91 14:39 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS [J022 XtLL IT B Equipment Building and Water Tower as depicted on site plans submitted to and approved by the City of Mendota Heights_ 21 05/03/91 14:39 FAX 612 333 1337 LARSON & ASSOC. -►-►-► MENDOTA HEIGHTS IJ023 i xt iiBIT C Pursuant to the Lease agreement dated June 1,'1991, between the City of Mendota Heights, a Minnesota Municipal Corporation ("Lessor") and U.S. West New Vector Group, Inc., a Washington Corporation ("Lessee"). CITY OF MENDOTA HEIGHTS WATER TOWER COMMUNICATIONS SITE STANDARDS 1. Unless housed in a separate solid walled, closed room dedicated to a single user, all equipment must be housed in an RF tight, metal enclosure. Desk top base stations and open racks cannot be used unless separate RF tight enclosures are provided around individual transmitters and receivers_ Additional shielding kits may be required. 2. All receivers must be adequately protected with a band limiting device, such as cavities, duplexers or other filters. Unprotected. preamplifier devices or receivers will not be guaranteed freedom from radio frequency interference. 3. Many manufacturers provide receiver options for maintaining narrow receive bandwidth_ These devices, typically crystal filters, will be used whenever necessary to eliminate interference problems caused by overload. 4. At least 60 db of isolation for 440-470 MHz and 8000920 MHz transmitters and 25 db of isolation for 140-170 MHz and 30-50 MHz transmitters must be provided. A band pass cavity must be provided on the transmitters between the antenna and' any ferrite device used. Additional filtering and isolation may be required and will be considered ona case by case basis. EXCEPTION: Frequency bands not covered above will be reviewed and subject to proper isolation prior to installation and operation_ 5. Maximum transmitter power allowed into the antenna feed line will be 110 watts per transmitter provided that maximum effective radiated power (ERP) will be 500 watts. EXCEPTION: Higher power levels will be considered on a case by case basis. Additional protective devices may be required. 6. Only jacketed copper Heliax cable will be permitted for transmission line at the site. A11 on-site intercabling must use RG/9, RG/142, RG/214, 1/2 inch superflex or equivalent. RG8 or. 22 05/03/91 14:40 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS t 024 any other single shielded cable will not be allowed. All outside connections must be kept weather tight at all times. All connectors will be N -type or =whenever possible. 7. All transmitters must have band-pass cavities that will provide at least the following attenuation of side bank noise: 30-50 MHz band: 140-170 14Hz band: 440-470 MHz band: 800-920 MHz band: . 15dbat1MHz 15 db at 1.5 MHz 15 db at 2.5 MHz 20 db at 10 MHz EXCEPTION: Requirements. for transmitters outside of these bands will be considered on a case by case basis_ 8. Each cabinet must be identified by the owner's name, address .and FCC station license. It must also have the name and telephone number of •the responsible.service agency. 9. Each user will inform the City of all receive and transmit frequencies in use at all times. Any changes in frequency use or modification of any kind to equipment will be reported to and approvedby the City at least 10 days prior to the change. Where it can be demonstrated that there is a strong likelihood such frequency use will result in an interference problem, testing of that frequency use prior to its actual operation may be required .by the City. 23 05/03/91 14:40 FAX 612 333 1337 LARSON & ASSOC. -+44 MENDOTA HEIGHTS 1025 F.x7FITRIT D List of Equipment and Antennas 24 05/03/91 14:40 FAX 612 333 1337 LARSON & ASSOC. 444 MENDOTA HEIGHTS 16026 EXHIBIT E Site Plans • 25 TO: FROM: SUBJECT: DISCUSSION CITY OF MENDOTA HEIGHTS MEMO April 30, 1991 Mayor, City Council and City Administ James E. Danielson, Public Works Dir Kevin Batchelder, Administrative Assis CASE NO. 91-08: Mueller - CUP - Accessory Structure • Greater Than 144 Square Feet Mr. Thomas Mueller, of 1975 Knob Road, appeared before the Planning Commission for a public hearing on his request to construct a storage shed of 400 square feet in his side yard. The proposed structure meets the required setbacks, however, exceeds the 144 square foot maximum for accessory structures in an R-1 Zone thus requiring a CUP (Ord. No. 401, Sec. 7.2 (7)). See attached plans and memo's. RECOMMENDATION The Planning Commission voted unanimously to recommend that the City Council approve a CUP for Accessory Structure larger than 144 square feet subject to the following conditions: 1. That it be used for residential storage only. 2. That the garage door be placed on the south half of the east wall. 3. That landscape screening be added along the north side of the shed. 4. That there be no additional driveways or curb cuts. ACTION REQUIRED Conduct the public hearing. Should the Council desire to implement the Planning Commission recommendation, they should pass a motion adopting Resolution No. 91- , A RESOLUTION APPROVING CONDITIONAL USE PERMIT ALLOWING A STORAGE SHED AT 1975 KNOB ROAD. JED/KLB:kkb CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 91- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT ALLOWING A STORAGE SHED AT 1975 KNOB ROAD WHEREAS, Mr. Thomas Mueller, of 1975 Knob Road, has made application for an accessory structure in R-1 Zone greater than 144 square feet; and WHEREAS, the Mendota Heights Planning Commission conducted a public hearing on April 23, 1991 to consider the application for construction of said accessory structure; and WHEREAS, based upon the public record transcribed on April 23, 1991, the Mendota Heights Planning Commission recommended to the Mendota Heights City Council that the Conditional Use Permit be approved with the following conditions: 1. That the shed be used for residential storage only. 2. That the garage door be placed on the south half of the east wall. 3. That landscape screening be added along the north side of the shed. 4. That there be no additional driveways or curb cuts. WHEREAS, the City Council conducted a public hearing on May 7, 1991, to consider Mr. Thomas Mueller's application. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the proposed Conditional Use Permit will have no adverse effect on the health, safety and general welfare of the citizens of the community and the surrounding land; BE IT FURTHER RESOLVED, that construction of said accessory structure is not adverse to the general purpose and intent of the Zoning Ordinance; BE IT FURTHER RESOLVED, that the Conditional Use Permit for an accessory structure be approved according to the plans submitted and upon the above mentioned conditions. Adopted by the City Council of the City of Mendota Heights this 7th day of May, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO TO: Planning Commission April 17, 1991 FROM: James E. Danielson, Public Works Direc Kevin Batchelder, Administrative Assist SUBJECT: CASE NO. 91-08: Mueller - CUP - Accessory Structure Great Than 144 Square Feet DISCUSSION Mr. Thomas Mueller, of 1975 Knob Road, desires to construct a storage shed of 400 square feet in his side yard. The proposed structure meets the required setbacks, however, exceeds the 144 square foot maximum for accessory structures in an R-1 Zone thus requiring a Conditional Use Permit (Ord. 401, Section 7.2(7)). Staff has mailed notice and published for this public hearing. Typically, the Planning Commission reviews size, location, design features, exterior materials, etc., in determining the recommendation and any conditions they may wish to make to the City Council. ACTION REQUIRED Conduct the public hearing. Make a recommendation to the City Council on the requested Conditional Use Permit for an Accessory Structure greater than 144 square feet in the R-1 Zone. JED/KLB:kkb PLANNING REPORT DATE: 23 April 1991 CASE NUMBER: 91-08 APPLICANT: Thomas R. Mueller LOCATION: 1975 Knob Road ACTION REQUESTED: Minor Conditional Use Permit for an Accessory Structure. PLANNING CONSIDERATIONS: 1. The applicant has poured the slab for a storage shed on his property at 1975 Knob Road in the Gailand Heights Subdivision. The proposed shed is to be 20 feet by 20 feet, or 400 square feet in area. Section 7.2(7) of the Ordinance requires a conditional use permit for an accessory structure over 144 square feet in area. The proposed shed meets all of the other bulk and setback requirements in the ordinance. 2. Section 5.6(5) outlines the criteria for considering a conditional use application. The Ordinance states that the use must not be detrimental to the health, safety, and general welfare of the community; nor cause serious traffic congestion or hazards; nor seriously depreciate surrounding property values; and finally that the proposed use be consistent with the intent of the Ordinance and the Comprehensive Plan. 3. The intent of this section of the ordinance is to avoid the proliferation of large accessory structures. Such structures can result in cluttered rear yards and can impede access to air and light for neighboring properties. Large accessory structures also create aesthetic concerns since they are generally more obtrusive and more difficult to screen. In addition, a large accessory structure can be used for small business enterprises, which are discouraged in single family neighborhoods. There have been cases in the past where a large accessory structure was utilized for business purposes that were essentially light industrial in nature. For these reasons the size of accessory structures in residential areas is limited to 144 square feet except by conditional use permit. Thomas R. Mueller, Case No. 91-08 Page 2 4. The primary concerns with respect to large accessory structures are related to their use, location, and appearance. I have visited the site and discussed the proposed accessory structure with the applicants. The Mueller's intend to use the structure for storage of a third family vehicle and other personal items such as a lawn mower. While this use is appropriate, the shed, once built, could be used by future owners for a less compatible use. Though the issue of prohibiting the use of accessory structures for home occupations is covered under the definition of Home Occupations in the Ordinance, we believe it would still be prudent to specifically state this in the Conditional Use Permit as a reminder to future property owners. 5. Concerns regarding setbacks or the potential for overcrowding the lot, which are typically associated with larger accessory structures, are minimized in this particular case because of the size of the subject property. The property is approximately 160 feet wide and 120 feet in depth or roughly 19,200 square feet in area. The proposed shed would be 38 feet from the nearest interior. lot line and would be set back approximately 46 feet from the ROW line along Knob Road. The scale of the proposed structure is not inconsistent with the character of the' surrounding neighborhood and there are other freestanding accessory structures on this block. 6. There are, however, some concerns with respect to the appearance of the structure that should be addressed. The Mueller's indicated that they intended to have a 9 -foot -wide overhead door that will orient to the east toward Knob Road. They also stated that they do not intend to extend a driveway to the structure at this time. Apparently the vehicle that they will be storing in the structure is not used very often and would not require a permanent driveway. With respect to the orientation of the overhead door, we would have two concerns. First, its location on the east side of the structure makes it difficult to screen the shed from Knob Road and the adjacent residences to the east and north. Since the shed is to be located on the north side of the house and since there is little vegetation on the lot, the structure will be most visible from these areas. Unfortunately, the slab has already been poured and is located such that any other orientation of the overhead door is impractical. However, Since the overhead door covers only half of the east side, we would recommend that the remaining half be landscaped to help reduce the visual impact of the structure. Thomas R. Mueller, Case No. 91-08 Page 3 Another consideration with respect to the overhead door has to do with how the shed might be used in the future. With the door oriented toward the street, a future owner would be more likely to want to utilize the structure as an extra garage and install an additional driveway up to it. This could result in excessive paved surface in the front yard of this lot and an additional curb cut. The Planning Commission may wish to include conditions regarding the future design of this driveway at this time since there will be little opportunity for input once the CUP is approved. 7. While the orientation of the overhead door makes the proposed structure more difficult to screen, we generally believe the proposed shed will have little visual impact on the surrounding properties. Of the six or seven adjacent homes, only two will have unfiltered views of the structure. The rest will either be completely screened from the shed or have heavily screened views. A brief description of the visibility of the proposed structure from each of the adjacent properties follows: The proposed structure will be completely screened from - the homes located to the south and west of the subject property by the Mueller's existing home. The home on the property at 1968 South Lane (see applicant's sketch) will have a clear view of the structure. We estimate this house to be over 200 feet from the proposed shed. The home on the property directly north of the proposed structure has its garage on the south side and, therefore, has no windows facing the proposed shed. The home to the northeast of the subject property has significant landscaping between it and the proposed shed, and would have only a filtered view of the structure in the winter. In the summer the shed would be almost totally screened from this home. The property directly across Knob Road from the Mueller property (1970 Knob Road) will have a clear view of the proposed shed. There is a shed in the rear yard of this property. 8. The applicant's request generally meets the criteria for approval of a Minor Conditional Use Permit for an accessory structure over 144 square feet in area. In order to make the structure as compatible as possible with the surrounding neighborhood, we would recommend that landscaping be installed to improve the appearance of the structure from Knob Road and from the properties at 1970 Knob Road and 1968 South Lane. In addition, we would suggest that the permit include a condition prohibiting the use of the structure for business purposes. We would also suggest that the permit reference a plan or some criteria regarding the design for a potential future driveway, which is acceptable to the Planning Commission. avinL iac COUNTRY CLUB a • 1.. GOLF COURSE (Private) MENDOTA HEIGHTS PAR 3 GOLF COURSE ( PUBLIC) . V: • Na A111111111111 13OOv00110 ■ . 611111111101.1M . oo��000.o�1M I •: Inhlill..ligglitir11 o aeo'o l= ��eevone��Le W A Y t: CONTRY CLUB f G �v� c c •v r0 y ZOd 6 /a /0 0 NAY e o O v QOAD /00 8 /O 0 /00 7 /00 /00 /00 /00 /00 /00 /00 0 3 /00 (o 2 / 00 /00 O 8 e TEN 7 6 S 010-56 L 5. S E N 4 3 E /0 2 /2o / DJ Q G0 1 M 2 0 0 a 3 0 0 0 a 4- 28185 0 0 N /3 0 0 V 4c/ N /4 tfl / 00 A p 3 /0 0 D. 12 L 0 "-- 1co SUBJECT PROPERT NORTH t SCALE 111=200' 0 0 1 tl 8 0 0 o 3 0 Z. /Sf,i,5- MAR1 15rtr 0 _. 7` '/ th / Gas c . (/Z " Line, 010-75 • • 0 1.7 'r l Jgh 010- 77 4r. .od /1.. / ///y T�-v s,L c-. AAAAA City of Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST ` / Case No. q 1—(->r Applicant Name: V' .1 1.11bAlttS (Last) (First) Address: i Gf 7 S Kwn b (Number & Street) Owner Name: m4.11j ER Date of Application 3-.2? Q/ Fee Paid . (kms R-e_c.4 a s'CPO ifq3k2 MD flic.a07-4 #6n • (city) PH: KV-b'-S7`T 40, .5-574? (State) (Zip) 'ok r (Last) Address: l c1 7 T bsid (Number & Street) Street Location of Property in Question: (First) I14f,urfor4 1475 . (City) 075" / n.6 a (mi) rci a (State) (Zip) Legal Description of Property: L.075 rum -To r F6EIV 4orrt 34J cl ustuel ( 4. %.sof /kt4'W5 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 u` Present Use Proposed Zoning of Property Proposed Use Variance Subdivision Approval Wetlands Permit Other (attach explanation) Section L/D% I hereby declare that all statements made in this request and on the additional material are true. (Signature o�pplicant) (Date) (Received by - Title) 1101 Victoria Curve -Mendota Heights, MN • 55118 452.1850 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING April 10, 1991 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the City Council of Mendota Heights will meet at 8:15 o'clock P.M., or as soon as possible thereafter, on Tuesday, May 7, 1991, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. Thomas Mueller, for a Conditional Use Permit to allow construction of a storage shed in excess of 144 square feet at the following described property: The North 158 feet of Lot 15, Gailand Heights More particularly, this property is located at 1975 Knob Road. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS NOTICE OF HEARING April 3, 1991 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:45 o'clock P.M., or as soon as possible thereafter, on Tuesday, April 23, 1991, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. Thomas Mueller, for a Conditional Use Permit to allow construction of a storage shed in excess of 144 square feet at the following described property: The North 158 feet of Lot 15, Gailand Heights More particularly, this property is located at 1975 Knob Road. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk City of Mendota Heights April 19, 1991 Mr. Thomas Mueller 1975 Knob Road Mendota Heights, MN 55118 Dear Mr. Mueller: Your application for a G Ue .Gr /tcce rn 9ThcirVaql be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, Arr't1 23 1.0'1( The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall in the Council Chambers. You, or a representative should plan on attending the meeting, in order that your application will receive Commission consideration. If you have any questions, please feel free to contact me. • Sincerely, Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria. Curve .1Viendota =Heights; MN = 55118 - 452.1850 May 2, 1991 City of Mendota Heights Mr. Thomas Mueller 1975 Knob Road Mendota Heights, MN 55118 Dear Mr. Mueller: Your application for a (p vl,ccic '(" t o v ( (.k fefil411 be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, VIAco/ `7 . The Council meeting starts at 7:30 o'clock P.M. here at. City Hall in the Council Chambers.. You, or a representative, should plan on attending, the meeting, in order that your application will receive Council consideration. The Planning Commission recommended jutavicw.ouS(`j t -f Ccly Ci c( q rr4.wf -(1,-�- CUP 1.0 , ft CO Mail -a fcoh.5 • A'es/dla.N.f cwt 51cs_ 0M41 - 9""ior 46, on Som. IA4 e. of eas( 4.4.k([ 03 BSc e. Screa.&.tmi oK -fc.-e_ le6 04100. If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • Mendota Heights, MN • 55118 452.1850 ` I Letter of intent toP the- City. of Mendota Hgts.- - .. Regarding the storage shed at 1975 Knob Road. [plan to constructa twenty' foot by twenty foot storage shed, the materials to be use are conventional building : materials. It will have eight foot side;walls, a Four twelve roof pitch. There will be cedar trim to match existing house; there will also be twelve,inch masonite - lap siding. One nine}foot overhead door, one ranch style'window, and one;' service d661:: The roof shall have fiberglass shingles. It is my intent to make the storage shed look asmuch like the, existiAng.house as possible. • r:3' S incerely Your's :Thomas R. Mueller :1975 Knob`Road - Mendota Hgts. Mn. 55118 Ph.# 688-8579. r4t11 rivo $ _``_" �" r t 43t I (o$ • Sats 7Y9- rt+ 4 " 41 ; i 10111 . • 11 ...t Z. ® • F. 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Danielson, Public Works Direct Kevin Batchelder, Administrative Assist SUBJECT: CASE NO. 91-09: HNTB (MAC) - CUP for Noise Monitors DISCUSSION HNTB Architects Engineers Planners are representing the Metropolitan Airports Commission (MAC) on the placement of Remote Monitoring Stations to be used with MAC's Airport Noise and Operations Monitoring System (ANOMS). They were scheduled to appear at the April 24, 1991, Planning Commission meeting and the May 7, 1991, City Council meeting, for which staff published notice. HNTB requested a continuance to the May 28, 1991, Planning Commission meeting in order to provide better site plans. (See attachments). RECOMMENDATION We recommend that Council continue this hearing until the June 4, 1991 meeting. ACTION REOUIRED If the Council desires to implement the recommendation, they should pass a motion continuing the public hearing until the Tuesday, June 4th, 1991, City Council meeting at 8:00 o'clock P.M. JED/KLB:kkb CITY OF MENDOTA HEIGHTS NOTICE OF HEARING April 10, 1991 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the City Council of Mendota Heights will meet at 8:30 o'clock P.M., or as soon as possible thereafter,. on Tuesday, May 7, 1991, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Howard Needles Tamen & Bergendoff (HNTB) Architects Engineers Planners for a Conditional Use Permit to allow the Metropolitan Airports Commission to construct two Remote Monitoring Stations for the purpose of tracking air noise with their Airport Noise and Operations Monitoring System (ANOMS). The Remote Monitoring systems are proposed to be mounted on twenty foot (20') poles at the following described properties: Item A Lot 31, Block 22, Friendly Hills Re -Arrangement More particularly, this property is located at 731 Mohican Court. and Item B Lot 2, Block 3, Furlong Addition More particularly, this property is located at 1307 Furlong Avenue. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO TO: Planning Commission April 17, 1991 FROM: James E. Danielson, Public Works Dire Kevin Batchelder, Administrative Assis SUBJECT: CASE NO. 91-09: HNTB (MAC) CUP for Noise Monitors ** REQUEST TO CONTINUE HEARING ** DISCUSSION Mr. George Steumpfig, of HNTB Architects Engineers Planners, is representing the Metropolitan Airports Commission (MAC) in locating a system of remote noise monitoring stations in Mendota Heights. This system is the Airport Noise and Operations Monitoring System (ANOMS) that MAC has been planning for the last couple of years. Mr. Steumpfig originally intended to be on the April Planning Commission agenda with his Conditional Use Permit request and staff published and mailed notice for the hearing. Upon reviewing the application, staff requested more detailed information on the location of the two noise monitor towers. Mr. Steumpfig informed staff he would not be able to prepare this material in time for the April meeting and requested a continuance until the May Planning Commission meeting. ACTION REQUIRED Continue the public hearing to the May 28, 1991 Planning Commission meeting at 8:00 o'clock P.M. NOTE: Staff will inform those residents notified by mail that this hearing will be continued. JED/KLB:kkb APR 19 '91 14:45 P.2/2 April 19, 1991 n: - HOWARD NEEDLES TAMMEN & BERGENDDFF ARCHITECTS ENGINEERS PLANNER -8- , Y 1.7 • 4 Re: RMS Permit Application== On behalf of the Metropolitan Airports Commission _ (MAC), HNTB submitted an application and fee for a Conditional Use Permit for Essential Service Structure in R-1, for installation of two Remote Monitoring Stations to be incorporated into MAC'S Airport Noise and Operations Monitoring System. The application was -,submitted on a time schedule that would permit Planning Commission reviewat their April, 1991 meeting. However, circumstances have since arisen that might require additional data gathering and submittals to accompany the material enclosed with the application. Therefore, we ask that the hearing on this matter be continued until the May, 1991 Planning Commission meeting. Mr. Kevin Batchelder Administrative Assistant City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Batchelder: G700 France Avenue South Suite 260 Minneapolis. Minnesota 55435 (612) 9204666 Sincerely, HOWARD NEEDLES TAMMEN & BERGENDOFF George M. Stuempfig • GMS/vw 1 .A018ATCIffi_0iS 4 PAran.r. Gwr•Lr, T, 1106,1;00r.AE, rylrnlwl .t r.P.pa, PC, John L L'oawn r1 ��. 0Dorc G. Come PC. rlrAaln n. 41uo... b. Janmt. L. Tutus. JA PC. cU,pn C. s:cn..Po 1••a, Carr C. QLVY.n.f. At.'.. rOon W. Planes .In PC, t la,•wy K. rlun+nwt. Jr. PE. EWA," C'. r.oOlr.rn PC, Jnr,n W. Wurtn.,.,f: r . A...... V 0 E.36.-4, PC PLmwra L. 1,11,4611% AIA. t±wbW: E. Pryur.occ Pf:, Pr nal,1 L 1 lam. PC as &.eAa KanOarl T. L.,Gdn CNA. fluuurrt W. 6.n' n. D. riMCna.. Pa. Iaugn 6. riutArem PE. ®I J1oy 1. Maac PC, WYR.r W..n..rA. PC. Fisara T. Lamm PC. W. .I.rnma L7..rJar PC, Plrl.. M. LLrr,r,•u PE. Mionx, P. Inrp.' i Pr:, n L Nr,naa r't. *Crawl re, C. fl,.:nn or, jµ1.1 A. Jaa.b..•re. Cwn.0 , . MhIO(. CAI.. Cnuplr C Mynra PG C:.r1 J. Awry.. PC, I4..rl.1. F 5.3r,u ••` PC Dn, P. KauV, oft. rm... L µ:8i,1/rC A.�. (1n,N�i c. CAnkhn Pc, JPM1 a. Kuuku PE. POO'•.,,. P PP,. PC. ::c.vm M..1.11 .. A1A. Fruuurt A. LOOK PE. fi.ann O.:.aau44y Pc, Cary..aur. A. WM:Our PE. Aol..r . A...r t; -Mann LJ. er•uNppr•1. PE. CAArwa t. n'CLAuy, Jr. PC, M om.% M EAAP. PC. GT..ry,o 3 t. Pow, AIA, Paymnn. J. MCCJM •.c. rwAnv. A. Bh n .vr AC 0.0,,1 A. YAKS. PC, r. (rvucula w.• O.r.KAO ASLA AO" Fromm w. rr.rkro AIA. Jurr.r. T, Kw,No A.A. T.rry K. WIN Ain. arc. "C r+ar•O L•C. M.rui..v O. Miler PE. POp.rc I.. W}r.Avt NA OMI.µ 111A'.finOr./.. VA, ACCP, G:A, G..Cun 1,u Ju. LA. Bb..rAK MA. fnpN!urr n, WV. Cnlcaa.. w L:...wluna. ,,, CCncoM. r.A, 01,415kA, 1 , o.n..r. CO. F.,A t .a. NJ. CITY OF MENDOTA HEIGHTS NOTICE OF HEARING April 3, 1991 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 8:00 o'clock P.M., or as soon as possible thereafter, on Tuesday, April 23, 1991, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Howard Needles Tammen & Bergendoff (HNTB) Architects Engineers Planners for a Conditional Use Permit to allow the Metropolitan Airports Commission to construct two Remote Monitoring Stations for the purpose of tracking air noise with their Airport Noise and Operations Monitoring System (ANOMS). The Remote Monitoring systems are proposed to be mounted on twenty foot (20') poles at the following described properties: Item A Lot 31, Block 22, Friendly Hills Re -Arrangement More particularly, this property is located at 731 Mohican Court. and Item B Lot 2, Block 3, Furlong Addition More particularly, this property is located at 1307 Furlong Avenue. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed Conditional Use Permit will be heard at this meeting. Kathleen M. Swanson City Clerk May 2, 1991 City of Mendota Heights Mr. George M. Stuempfig HNTB Architects Engineers Planners 6700 France Avenue South, Suite 260 Minneapolis, MN 55435 Dear Mr. Stuempfig: Your application for a Conditional Use Permit will be continued by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, May 7, 1991. The Council meeting starts at 7:30 o'clock P.M. here at City Hall in the Council Chambers. The Planning Commission continued the public hearing until May 28th as requested. If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve .Mendota Heights,MN • 55118 452.1850 CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Tom Lawell, City Admin SUBJECT: Mendota Interchange Project INTRODUCTION May 3, 1991 The Minnesota Department of Transportation (MnDOT) intends to begin work on the Mendota Interchange Project in early 1992. The project is currently in the final design stage, and Council recently requested that MnDOT be invited to present to us an update on the project. BACKGROUND Part of the Mendota Interchange Project impacts the Glenhill Road neighborhood. On December 4, 1990, the City Council considered the issue of maintaining two access points to Glenhill Road after the Mendota Interchange Project is constructed. At that meeting, the Council voted unanimously to maintain the second access point on the southern end of Glenhill Road where it will tie into the new Highway 110 Frontage Road. On December 18, 1990, the Council was asked to reconsider its earlier decision, and although the decision was affirmed, several residents were led to believe that the subject would be reconsidered at a later date. The property owner of the home most affected by the construction work (Mr. Gerry Shaughnessy, 1219 Highway 110) has requested that the uncertainty regarding his property be resolved so he can sell the property with full knowledge of the impact of the construction. For this reason, MnDOT has been asked to describe the project in detail for the Council and interested residents. Copies of the City Council minutes from December 4th and December 18th are attached, along with correspondence recently received from concerned neighbors. DISCUSSION MnDOT has confirmed that Mr. Earl Vanberkom and Mr. Bruce Libby will be present at our May 7th meeting to present the details of the project. As previously announced, 29 residents of the Glenhill Road have been sent invitations to attend the meeting and residents were encouraged to invite other interested neighbors as well. Although the main purpose of the meeting is to receive information from MnDOT on the entire Mendota Interchange/Bridge Project, judging from the calls staff has received from area neighbors, it is likely the Glenhill Road connection issue will generate considerable discussion. Staff has received several calls from residents angry about the manner in which this issue was re -announced to the residents, and about our placement of traffic counters in the area without their prior knowledge. Regarding the notification process, Council may recall that the "definition of the neighborhood" was a major topic of discussion last December. Some residents felt only those residents along Glenhill Road and Culligan Lane constituted the affected neighborhood for this project. Others felt that the neighborhood naturally extended along Hunter Lane and also east along Orchard Place. Given this difference of opinion, staff arbitrarily chose to mail invitations for the MnDOT presentation to those who were notified last December, and to include an open invitation for others to "invite other neighbors who may also be interested in the subject". In regard to the traffic counters, I admit that we needlessly alarmed residents by placing the counters in the neighborhood. As you may recall, Council recently asked staff to acquire several surplus traffic counters from MnDOT. When the counters arrived at City Hall, staff agreed that we should take several test readings to confirm that the counters were calibrated and working correctly. The Glenhill Road area was chosen due to its proximity to City Hall, and in the belief that the traffic counts could prove useful if the Council chose to reconsider the connection issue. I neglected to recognize the sensitivity of the issue within the neighborhood, and the appearance of the counters caused considerable concern amongst several residents. Since that time, the counters have been moved to other portions of the City, and we have confirmed that they are in fact not operating properly. Residents I have spoken with via telephone have been informed that the traffic count information will not be used to justify or decide the cul-de-sac/connection issue. RECOMMENDATION It is my recommendation that MnDOT be allowed to fully present an overview of the entire Mendota Interchange construction project before the Glenhill Road connection issue is addressed. If Council is satisfied that the new connection with Glenhill Road is safe and in the best interest of the public, I would recommend that the connection issue not be reopened. ACTION REQUIRED Council should received the Mendota Interchange presentation from MnDOT, and decide if the Glenhill Road connection issue should be reconsidered. MTL:kkb April 3, 1991 Mayor Charles E. Mertensotto 4- & Members of the City Council City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Mendota Interchange Project Job No. 8310 Dear Mayor Mertensotto and Councilmembers: We are disappointed that the issue of the Glenhill Road intersection is going to be revisited. We believe that the council's original, unanimous decision to maintain two access points to this area was correct, just, and equitable. That decision was made"in the best, long-term interest of the city, our neighborhood, and the public. Moreover, though, we are very hurt because it appears the issue is again being considered behind the backs of those that the proposed change will most negatively impact. The consideration of this issue has been very poorly handled: Our first notice of its consideration came when Ray Mahowald, 1200 Culligan Lane, happened to be watching a city council meeting on TV. He was astonished to see Larry Culligan and the Lindsmeyers at this meeting discussing the proposed cul-de-sac that would be built for them on Glenhill. Those who would benefit from this change were obviously notified of it before those of us who are negatively impacted were notified. It's extremely ironic that the cul-de-sac proponents had the gall to return to the December 18, 1990 council meeting claiming they didn't have time to prepare for it and that the council didn't listen to them: They have had every advantage in this issue. Next, when "official" notice was sent, it did not reach all residents who would be negatively impacted. The Gavin and the Cox families on Culligan Lane were not notified by mail and none of the residents on Hunter Lane, Veronica Lane, Orchard Place, and Orchard Circle were notified. Now, traffic counters have been setup in the area without first notifying us that further information is being gathered because the issue will be revisited. When questioned about the counters, Mr. Eckles stated they were a gift from MN DOT and that the city is "just testing them out" at this location because of its proximity to City Hall. We are really hurt by this deception. It's pretty obvious why the counters are here. He should have been up front with us about it. In the end, though, Mr. Eckles did concede that he felt the issue would be revisited and that the count information could become useful. He mentioned that the city administrator has been in discussions with the residents of the proposed cul-de-sac. The rest of us are hurt that things appear to be happening behind our backs. So you see, the process could have been handled in a better, more open and just fashion. But enough said about the process. Because the issue is going to be revisited, let's consider the issues and why this access should remain open. Your original, unanimous decision was based on what was in the best, long-term interest of the public and the city: o You considered safety and emergency concerns; o You noted it is always in the public interest to maintain at least two access points into an area; o You noted that the proposed cul-de-sac would create an even larger cul-de-sac that would exceed current guidelines for cul-de-sac length; o You noted that the elimination of an existing access would unfairly and unjustly impact residents of Culligan Lane; o You noted that the Police prefer dual access; o You noted that the Fire department prefers dual access; o You noted that Public Works prefers dual access; and o You noted that the school district prefers dual access to avoid "turnaround" bus stops. At the December 18, 1990, council meeting, proponents of the cul-de-sac argued that "the neighborhood" and those most affected by the cul-de-sac are for it. This is nonsense. Please consider "real" traffic patterns in the area and you will see that it is the residents on Culligan Lane east of Glenhill and on Hunter Lane and Orchard Place that are most affected by the proposed cul-de-sac and these residents are overwhelmingly and unanimously against it. The residents of the Culligan cul-de-sac and the Glenhill cul-de-sac are not affected in terms of any "real" traffic at all. Thus, it is they, the residents of the Glenhill and Culligan cul-de- sacs, who are least affected by this proposed change. Their only concern is this far-reaching, unsubstantial, nebulous, imponderable, and basically invalid and ridiculous notion that gawkers are going to look at their homes and that 3 somehow another cul-de-sac will eliminate this potential "problem". This should have absolutely no bearing on the council's decision. If you have a beautiful home, people are going to look at it and as long as it is on a public street, there is nothing you can do about it. But even if this were a real and legitimate concern, which it is not, the cul-de-sac doesn't solve it: gawkers could just as easily use Hunter and Culligan to access the area. Please study the enclosed map of the neighborhood. You will see that the only households that would benefit in terms of a reduction or elimination in "real" traffic are those on the proposed cul-de-sac. So currently 3 households and 4 vacant lots would see the elimination of through -traffic in front of them, but at the expense of increased traffic for many more residents. As you know, the Vicks own 2 of these affected lots and they have stated their opposition to the cul-de-sac because of the greater public safety concerns, even though it may have increased their property values. Also, another Glenhill resident spoke out at the December 4, 1990 council meeting in favor of dual access after listening to both sides of the issue. And other residents in the Glenhill cul-de-sac really haven't taken a stand. But what is really mind boggling is that those residents of the existing cul-de-sacs who do favor eliminating the Glenhill access in order to make this area more secluded and exclusive, readily concede that they do for their potential personal benefit but that if they lived on the affected part of Culligan or on Hunter Lane, they would be against the proposal. Even Larry Culligan, who wants the cul-de-sac and who potentially could benefit the most from this change, understands why we are against it. So given that those who favor the cul-de-sac concede that they would be against it if they lived elsewhere, we believe the only logical decision the council can make is to maintain the Glenhill Road access. It is incorrect and unfair for the residents of the proposed cul-de-sac to define their neighborhood and those affected by the proposed change as only the residents on Glenhill Road and the Culligan cul-de-sac. Indeed, our neighborhood is absolutely, clearly, definitely and undeniably defined by Lexington Avenue to the east, Orchard Place and Orchard Lane to the north, Victoria Curve to the south, and Glenhill Road and Culligan Lane to the West. In fact, for all intents and purposes, there are only two principal roadways in the neighborhood: Orchard Place and Hunter Lane combine for one and Victoria Curve and Glenhill combine for the other. Then there are only three other short driveways: Orchard Lane, Veronica Lane and Culligan Lane, all of which feed traffic to Hunter Lane. If the frontage access is closed, Hunter Lane becomes the only access! 4 It is just incomprehensible, illogical, unfair, unjust, inequitable, inconsiderate, naive and selfish for the few residents on the proposed cul-de-sac to say that the Glenhill and Culligan cul-de-sacs are affected, but the residents of Hunter and Orchard Place are not. The concerns of the residents of Hunter Lane and Orchard Place are entirely legitimate since every vehicle that would come to or leave from this area would use Hunter Lane or Hunter Lane and Orchard Place. On the other hand, there will be absolutely no change in traffic on either of the existing Glenhill or Culligan cul-de-sacs. We do not believe any new information came forth at the December 18, 1990 council meeting that would warrant reconsidering this matter. The relocation of the sewer should have no bearing on the council's decision. We realize $30,000 is a lot of money. But while this may have been a shock, it should not have been since it was known when the sewer went in that the city would bear the cost of its relocation when the highway interchange work was done. Furthermore, as former council member Peterson noted, $30,000 is probably a small sum to pay for keeping a second access to the area open. Especially when its highly unlikely that you could ever get another second access to the neighborhood if it were closed off now. As Mr. Peterson said, the city would rue the day it ever closed a second access to this area. Please note that the road grade from the intersection of Glenhill road to the top of the hill at Culligan is 6.75%, making it the steepest grade in the area. This information comes from Mr. Eckles and City documents. At the December 4, 1990 council meeting when the mayor asked for the grades on Culligan Lane, Mr. Barber responded that it was about 3 to 4 percent. But Mr Barber was talking about the grade from the intersection with Hunter Lane; the grade is much steeper from Glenhill Road. The point is that if the cul- de-sac were built, all the traffic from the then three cul- de-sacs in the area would be forced up this grade. As we stated earlier, we are concerned about this because you cannot see over the hill. More important, though, is the fact that there would surely be many days when traffic wouldn't get up this hill on Culligan Lane because of heavy snows, sleet, or ice on the road. And what if it were an emergency vehicle that got stuck down in this area on one of these days? It just doesn't make sense to close off a second access where the grade would be downhill from this area. It would be much more likely that people could get out of the area on such days. We take great exception to the notion that we may have mislead Mr. Arnold Swanson of the Transportation Center for Independent School District No. 197. His letter supported the continuation of drive through access to the area. We 5 obviously believed that the Glenhill road and Frontage road connection would be a safe one. Indeed, the council's instructions to staff following the unanimous decision to support dual access was to instruct MN DOT to construct a safe connection. At the December 18,1990 council meeting, the cul-de-sac proponents continued to label this connection as unsafe. But this isn't true. We spoke with Klayton Eckles about this just after he had spoken with Bruce Libby at MN DOT. The question we had for Klayton and the one he had just asked Mr. Libby was whether he, Mr. Libby, classified this connection as unsafe. The answer was no: the connection was safe. Indeed, it will be an improvement over the existing connection with the frontage road. Obviously, though, having no connection would be safer and certainly less expensive for MN DOT. But by this logic, we wouldn't have any roadways. Also, we do not believe it is valid to reconsider this issue because one or two other developments in the city have only one access point. In the other developments, you didn't eliminate an access and thereby disadvantage any of the residents in the area. Here you would do so. The dual access in this area is a pre-existing condition that all of the residents have lived with for years. No one who bought property in this area was ever told or even envisioned that the Glenhill road access would be closed. It is the recent MN DOT proposal that has sparked the controversy. We also suspect that if you asked residents in those developments if they would like a second access, their answer would be yes: they would prefer a second access. Lastly, consider why the proponents of the cul-de-sac want it: supposedly to eliminate through -traffic in front of their homes. This is the only benefit to the new design which was stated in Mr. Eckles letter of November 21, 1990. Indeed, concern about through -traffic was brought up at the December 4 and December 18, 1990 council meetings. At the meeting on the 18th, they were concerned about "undesirables" wandering from gambling tables in Mendota. But because the cul-de-sac would only eliminate through - traffic in front of three homes, the real reason the proponents want it is that the cul-de-sac will establish for them a secluded and exclusive little niche in our neighborhood. But this would happen at the expense and disadvantage of the larger, remainder of the neighborhood. Concern about undesirable through -traffic in the area is nonsense. As stated earlier, any such traffic would surely find its way down Culligan Lane anyway. You just can't vote to eliminate traffic in front of three homes when you increase it in front of so many more. Regardless of the volume, the proportionate increase will be noticeable. Proponents of the cul-de-sac are attempting to use two additional concerns as leverage to attain their goal of seclusion: the safety of the "S" curve and the $30,000 utility realignment cost. Interestingly, the "S" curve really didn't become an issue until we brought up opposition to the new proposal and noted that it would be less safe for school bus traffic in the area if the cul-de-sac were built. Proponents of the cul- de-sac are merely trying to keep their dream alive by questioning the safety of the "S" curve. As stated earlier, we understand the "S" curve is considered safe for such a residential street. In any case, the council directed MN DOT to construct a safe intersection. So this really isn't a valid concern. And, again, the concern about the cost of the utility realignment isn't valid either. While the cost is considerable, it is a cost that should have been planned for and a cost that definitely would have been incurred were it not for this proposed change. Thus, in considering this issue on its merits, this charge cannot factor into your decision. Mr. Mayor and members of the council, we believe you know that the right, just and fair position here is to maintain the Glenhill Road access. We are relying on your integrity to do what is best for the city and the public. Please reaffirm your original, unanimous decision to keep the Glenhill Road access. 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Ka5s Kiri n,htt! /IC ✓ e. < Cd4- �©4 c 4 l ac2 RI/ /I &a U,�u-n.c,�vd n,, )i ,(a. /P67 81,'74 _ M', Mil Name �Address cJ //3 y lava( C /1 i , . /e -� 9-4.7-64A, /1 V br/11_1.0A41CMJo /. -9-- '77 A-%/ .�.� . ,vnu.a4 t.v )4t4,14. 1 /7s' CyLswnd adte I X31 14-,A4. ,J /1,ft-12(;--1 17grLe. /or oM egai6.4-&-0_) /2iJ 4C/', ,' 6TO,J ofzc7o'g/ 9J 72,67 eu// 7 Lh LQnQ OA- 614 Wi4 Ll O R C H LEXINGTON IRD CIR 0 R C H I R D P HUNTER LANE 0 V E R 0 N I C A GLENHILL U L I G A ROAD a LANE V I C T 0 R I A C U R V E Thomas C. Gavin 1199 Culligan Lane Mendota Heights, MN 55118 (612) 687-0271 Fax: 683-9411 April 24, 1991 Mayor Charles E. Mertensotto & Members of the City Council City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Mendota Interchange Project Job No. 8310 Dear Mr. Mayor and councilmembers: I think it is important that I write you about a conversation I had today with Bruce Libby from MN DOT. r At the December 18, 1990 council meeting, proponents of the cul-de-sac told the council and wrote in a petition to the council, that Bruce Libbey and MN DOT were concerned about the safety of the proposed Glenhill Road connection. This simply is not true: just as it was not true that the transportation department of ISD No. 197 had changed its opinion. Bruce told me that his only reason for proposing a cul-de- sac on Glenhill in the first place was to save some of the yard in front of the home at the Glenhill Road and Victoria Curve connection. He added that MN DOT already owns this land, but his suggestion was merely out of concern for this particular homeowner. The cul-de-sac proposal had nothing to do with concern over the safety of their original design. He said that neither he nor MN DOT care whether a cul-de-sac or intersection is constructed. This he said is the city's decision alone. He said safety of the road is not an issue and that he does not even consider this an "S" curve. As I said in my earlier letter about my discussion with Arnold Swanson, the council appeared to sway a bit when you were told that Mr. Swanson changed his mind and that MN DOT said the road would be unsafe. But based on my discussions with Mr. Swanson and Mr. Libby, you were not being told the truth. Please reaffirm your unanimous decision to keep Glenhill open. Sincerely, q-976t4k-fr,, Thomas C. Gavin 1199 Culligan Lane Mendota Heights, MN 55118 (612) 687-0271 Fax: 683-9411 April 18, 1991 Mayor Charles E. Mertensotto & Members of the City Council City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Mendota Interchange Project Job No. 8310 Dear Mr. Mayor and councilmembers: In preparation for revisiting this issue, I met today with Mr. Arnold Swanson of the transportation department for ISD 197. I gave him our letter / petition of April 3 because I wanted him to know, as we state in the letter, that there was no intent to mislead him concerning this issue. What I learned, though, is that contrary to what Linda Linsmayer wrote in her petition and contrary to what the council was told at the December 18, 1990 council meeting, he has not changed his position one bit. He said he told Ms. Linsmayer that drive-through access is preferred, that his department does not get involved in potential changes in property values, that his department is never consulted on road design, that there has not been a problem with buses negotiating properly designed roads, and that the grade of the road did not appear to be a problem. Mr. Swanson reaffirmed his position and has authorized me to resubmit, unaltered, his letter to the council of December 3, 1990. I believe you have his original letter, but a copy of it is attached for your formal consideration. Mr. Mayor and councilmembers, in opening up this matter to further discussion, you appeared to give some weight to what you believed was a change in opinion regarding school bus access. But there has been no change in opinion. I did not misrepresent the issue to Mr. Swanson, but the council was mislead in that he has not changed his opinion at all. I trust you will take this 'new' information into consideration and I look forward to the council reaffirming its original, unanimous decision to maintain dual access into this area. Thomas C. Gavin 1,nctoponctont Schoot District No. 197 „Transportation Center 1145 Medallion Drive Mendota Heights, Minnesota 55120 (612) 681-2332 December 3, 1990 Mendota Heights City Council 1101 Victoria Curve Mendota Heights, MN 55118 Re Victoria Curve Access to Glenhill Road Ladies and Gentlemen of the City Council: School District bus routes currently serve sixteen students residing in the Glenhill Road/Culligan Lane area who attend three public schools and one non-public school in the district. Bus stops for all of these students are at the Glenhill Road/Culligan Lane intersection. Victoria Curve and Culligan Lane afford excellent drive through access to this area and we support continuation of such. In the event access is restricted to Culligan Lane only, busing alternatives will be to making "turnaround" bus stops at Culligan and Glenhill (possible, but not desirable from a safety point) or, moving the stops to the Hunter and Culligan Lanes intersection. Your favorable consideration in retaining the Victoria Curve access to Glenhill Road will be very much appreciated. Sincerely, r‘Ait ff, Arnold E. Swarrson Supervisor of Transportation "WE ARE A MEMBER OF AN EQUAL OPPORTUNITY COMMUNITY" Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 GLENHILL ROAD RECONSTRUCTION Page No. 2965 December 4 1990 Councilmember Cummins moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Cummins moved adoption of Resolution No. 90-43, "RESOLUTION APPROVING VACATION OF AN ALLEY," as amended to stipulate the 20' width of the retained easement. Councilmember Blesener seconded the motion. Mayor Mertensotto explained to the audience that the issue of reconstruction of the intersection of Victoria Curve/Glenhill Road came before the Council on November 20th at the request of Mn/DOT. He stated that City staff has received new information from Mn/DOT since that meeting and that all of the residents of the Culligan area have been notified of two options before Council. Engineer Klayton Eckles stated that the proposed reconstruction was initiated by Mn/DOT in September, and is a part of the Mendota Interchange project. As part of the project, the frontage road will curve south and use the old T.H. 110 road bed, T.H. 110 will be lowered several feet, and a dramatic grade change on Glenhill will be created. Mn/DOT has submitted two proposals to the City, one for an "s -curve" which would take Glenhill Road down to the new frontage road to allow more space to make the grade change and meet the frontage road at a higher elevation. Mn/DOT feels that this option is undesirable because of the grade and because it is an "s - curve" and presented an alternative for a cul- de-sac on Glenhill, which would eliminate the connection to the frontage road. Mayor Mertensotto pointed out that the City may decide not to choose either option, since Glenhill is a City street. He pointed out that the Shaughnessy drive is still coming out of the frontage road at the same location and suggested it be moved to the west and that the curve be made longer to improve safety. Councilmember Blesener asked how the proposed grade of the curve relates to today's grade. Mr. Eckles responded that the curve is not engineered yet but it is very sharp and steep Page No. 2966 December 4 1990 - it would possibly be less steep after being engineered, and the grade difference is about 8%. He informed Council and the audience that there are advantages and disadvantages to both of the proposed options. Council acknowledged a letter from Mr. and Mrs. Tom Gavin, 1199 Culligan Lane, and signed by 30 property owners on Glenhill, Culligan, Hunter, Orchard and Veronica, in opposition to the proposed cul-de-sac, and a petition signed by 21 property owners in favor of the cul-de- sac. Council also acknowledged a letter from the School District 197 Transportation Center asking for consideration of the retention of the Victoria Curve access to Glenhill. Mr. Eckles stated that the most important advantage to the "s -curve" design is that it provides a second access point to the neighborhood. The disadvantage is that it would be a marginal design which does not meet Mn/DOT standards and Mn/DOT would like to avoid it because "s -curves" are the most dangerous type of curve, and it would come to the intersection at a very steep grade. The advantage to cul-de-sac is that they are generally preferred to thru streets by neighborhoods because they keep through traffic out of neighborhoods. Also, this design would avoid the "s curve." With respect to a question over increased traffic on Culligan if a cul-de-sac were constructed on Glenhill, he stated that it would put about 13 more households of traffic onto Culligan after the neighborhood is totally developed and that there should be a net decrease in traffic because non -neighborhood traffic will not be coming in if there is no connection to the frontage road. Mayor Mertensotto stated that the question before Council is whether the City wants an access point to the frontage road. The alternative may be that children may have to walk down to Culligan and Hunter to catch a school bus and also the question of what can be done in the design to either flatten the curve or flatten the curve and reduce its grade. Mr. Eckles informed Council that Mr. Shaughnessy called him and expressed his Page No. 2967 December 4 1990 concern because the s -curve would damage his property. Ms. Linda Linsmaier, 1935 Glenhill, stated that she and her neighbors have been notified and have discussed the matter, and she presented Council with a petition signed by 21 of the neighbors in favor of the cul-de-sac. Councilmember Cummins stated that the frontage road will change from a very short dead-end to, in effect, a through street into Mendota. He asked whether staff can anticipate that would increase random traffic turning off the frontage road and into the neighborhood if the "s -curve" option were selected. He felt there would be a significant increase in traffic on the frontage road. Mr. Eckles responded that there will definitely be an increase of traffic on the frontage road, but that traffic on Culligan will increase no matter which option is chosen. Councilmember Anderson asked if there is any other neighborhood which could be compared, neighborhoods where there is only one access serving 34 homes (cul-de-sac option). Mr. Eckles responded that Crown Point is very comparable and that he has not heard any complaints over the single access. Mr. Tom Gavin stated that he had received a letter from Mr. Eckles about the options, but that the letter did not address safety, cost, or long-term planning for the road system in the neighborhood. In response, he and his wife have written a letter expressing their concerns and the letter was signed by many neighbors. He stated that he would like to know of all plans for roads in the neighborhood. He further stated that it is his understanding that City staff, including police and fire, has recommended to the Council that dual access to the neighborhood is preferred for public safety purposes. He also pointed out that if the school district eliminates the Culligan/Glenhill intersection, 30 children would have to catch their school bus at the intersection of Hunter and Culligan, where all of the traffic would also have to go. Page No. 2968 December 4 1990 Ms. Linsmaier stated that all of the neighbors have the same goal, concern over safety of the children in the neighborhood and how to minimize traffic. She further stated that none of the neighbors in her area are in favor of the connection because of the flow-through traffic and the fact that people coming into the neighborhood would not know that there are so many children. She stated that the petition she had submitted was signed by all of the homeowners on Glenhill except three. She stated that she is concerned about kids riding bikes on Glenhill now because of blind spots and that the situation would be worse if the "s -curve" were constructed. She felt that if there is a cul-de-sac, children will be drawn to it and will stay away from Culligan. Mayor Mertensotto responded that the argument about children is not overly persuasive because there are many residential areas in the City where there is much more traffic. Mr. Larry Culligan stated that he feels the "s -curve" is untenable as described, and also felt that there would be an increase of speculative traffic in the area. Sandy Krebsbach, 1230 Culligan Lane, spoke in favor of the cul-de-sac, stating that only 12 households would add traffic to Culligan Lane, six of which already use Culligan. She further stated that a school bus picks up junior and senior high school students at Glenhill and Culligan now, and that the school district could be petitioned to pick up elementary school children at that intersection also. Mr. Jack Barber, 1919 Hunter Lane, stated that he strongly objects to the cul-de-sac because it would put more traffic on Hunter and expressed concern over the traffic at Culligan and Hunter. He felt that those streets provided only meager residential ingress and egress before the Culligan development, including turning problems at the Hunter/Culligan intersection, and felt that the City should study the traffic patterns. He asked that more study and engineering be given to the "s -curve" option, and felt that it could be designed better. Mr. Barber urged the Council to retain the two accesses to the neighborhood. Page No. 2969 December 4 1990 Mr. Tom Gavin stated that in his opinion, increase in "gawker" traffic through the neighborhood which some suggested would occur if the "s -curve" option is approved is a perceived concern. He did not believe traffic coming from the frontage road would make turns into the neighborhood to "gawk." He further stated that everyone in'the area agrees that the existing curve at Glenhill and Victoria is dangerous now and they have lived with it for years. He felt the "s -curve" would be an improvement over what currently exists and further that it would slow traffic down. Mr. Burton Vicks, a property owner on Glenhill, stated that he is not in favor of the cul-de-sac. He stated that he does not understand why Mn/DOT is planning to lower the grade on Victoria and felt that the City should discuss that issue with Mn/DOT. He further stated that whether the frontage road is above or below T.H. 110 can be addressed with the state, and that the "s -curve" can be made feasible. He pointed out that while a cul-de-sac might make his property more valuable, the only access to his home would be a long way from his property. Mr. Ray Mahowald, a Culligan Lane resident, expressed opposition to the cul-de-sac option. Mr. Richard Swanson, 1908 Glenhill Road, stated it is the responsibility of the area residents to drive through the area safely. He expressed support for the dual access option. Councilmember Cummins suggested that staff be directed to contact Mn/DOT and secure more information and additional design work to help Council determine what is best. Councilmember Blesener stated that there are many homes indirectly affected, three existing homes on Glenhill and three lots on Glenhill that would be directly affected by what happens, along with seven homes on Culligan which would be impacted by additional traffic if the cul-de-sac is approved. She pointed out that engineering and traffic studies show that on average there are 6 trips per day per household, and that under the cul-de-sac option, there could be from 250 to 500 Page No. 2970 December 4 1990 additional trips per day on Culligan. She felt that, adding school bus access to the additional trips per day, it is clear that retaining the two accesses makes the most sense. Councilmember Anderson stated that there are two alternatives that cannot be compromised - Council must decide on either the cul-de-sac or two accesses. He further stated that Council must select the option that is in the best interest of the community at large. Safety is a factor, the number of people who would have only single ingress/egress, emergency access and school bus access are all important. He felt that considering these factors, in the long range best interest of the City two ways in and out for so many households is important. He felt that there would be little increase in sight -seer traffic and that Council must make its decision based on what makes sense safety -wise. Councilmember Hartmann agreed with the dual access, pointing out that if there were ever to be a need to temporarily close the access at Hunter and Culligan, for reconstruction or some other reason, and there would be no access for emergency vehicles. Councilmember Cummins stated that if he lived in the neighborhood, his preference would be for the cul-de-sac, but that if Mn/DOT can design a safer access onto Victoria he would support it. Councilmember Anderson stated that he would like Council to direct staff to ask Mn/DOT to do additional engineering work. Mayor Mertensotto suggested that Mn/DOT should be requested to move the connection of Glenhill and Victoria Curve further east. Councilmember Blesener suggested that the frontage road be moved further south. Councilmember Blesener moved to direct staff to inform Mn/DOT that a second access on Victoria Curve must be maintained and that Mn/DOT design a safe intersection. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 GLENHILL ROAD Page No. 2980 December 18, 1990 vehicle can be sold for between $8,000 and $10,000 but that he would like to leave the sale date negotiable because the truck will be needed until the new one arrives in June, although it could be sold as early as April. Council also acknowledged a report on financing from Treasurer Shaughnessy, who recommended that a final decision on Equipment Certificates issuance be delayed until the 1992 Budget preparation begins. Councilmember Cummins stated that financing alternatives are available and that the shortfall can be managed from the 1991 Fire Department budget, or an appropriation from fund balance if necessary. Councilmember Cummins moved to accept the bids received for the fire equipment/command vehicle and to award the contract to Road Rescue, Inc., for its low bid of $110,286.00 Councilmember Blesener seconded the motion. Councilmember Cummins moved to authorize the Fire Department to advertise for bids for the sale of the existing rescue vehicle and set a bid return date of March 15th at 4:00 P.M. Councilmember Hartmann seconded the motion. The Council acknowledged memos from Public Works Director Danielson regarding the Glenhill Road realignment, along with a letter from Mn/DOT and final layout and grades for an "s -curve" design. Council also acknowledged a letter from Mrs. Linda Linsmaier and residents on Glenhill Road and Culligan Lane. Public Works Director Danielson reviewed past Council discussions on the two design alternatives, s -curve and cul-de-sac. He stated that on December 4th Council directed staff to inform Mn/DOT that the Council elected to make the connection (s -curve option) and to ask Mn/DOT to design the safest and best possible connection. The design has been received, and grades are at 5% with a nice landing at the frontage road. The road will slide southerly and follow the T.H. 110 westbound alignment. One of the problems with the alignment is with respect to existing Page No. 2981 December 18, 1990 sanitary sewer line which serves the Culligan addition. Some of the utility will have to be rerouted to allow construction of the road, at an estimated cost of $30,000. The line is on Mn/DOT right-of-way, and because of prior agreement with the City, Mn/DOT will not pay the costs. Councilmember Cummins stated that in the December 17th Mn/DOT letter, Assistant District Engineer Christensen still feels that the cul-de-sac would be the best solution. He did not recall that Council was advised at the last meeting that Mn/DOT felt the cul-de-sac was the best solution. Public Works Director Danielson responded that in the Mn/DOT letter which was before Council on December 4th, Mn/DOT indicated that it felt the cul-de-sac was the best solution. Mayor Mertensotto stated that he has talked to some of the area residents and that they feel one of the major problems is that the neighborhood would have no way to get into the pedway system unless the s -curve option is approved. He felt that the determination on design must be made based on overall planning. With respect to the pedway issue, Councilmember Cummins stated that the City could install a 6 foot paved trail from the cul-de-sac along retained frontage road right- of-way. Councilmember Hartmann asked whether the s - curve design submitted by Mn/DOT is better or worse, from a safety standpoint, than the existing connection. Mr. Danielson stated that it is better than what exists. Councilmember Hartmann stated that one of the reasons he has for wanting to maintain the connection is to provide two ways in and out of the area. Councilmember Anderson pointed out that it is not on the meeting agenda to change Council's December 4th vote on the issue. He pointed out that this is not a public hearing. He did not think the safety considerations have changed and stated that he appreciates that many in the neighborhood strongly prefer the cul-de-sac but that at the last meeting there were also many who felt the connection should be saved. He pointed out that safety is the Page No. 2982 December 18, 1990 main issue and that if the City must pay $30,000 for the utility reconstruction, it should do so and retain the connection. Mrs. Linsmaier reviewed her letter to Council and felt that the Council should reconsider its action for three new reasons brought out since the last meeting, the School District Transportation Director has told her that he feels the cul-de-sac would be safer from a school bus safety perspective, the Glenhill residents overwhelming support the cul-de-sac, and Mn/DOT feels the cul-de-sac is the best option. Council also heard comments from Mr. John Clemency, Mr. Nick Linsmaier, and Mr. Gerald Shaughnessy. Ma or Mertensotto stated that from a planning sta oint the Council always wants to have two s of ingress and egress - with a cul-de-sac, the neighborhood would only have one access. With respect to Mrs. Linsmaier's comments on the school district transportation director's comments, Councilmember Blesener responded that Council's action was to direct Mn/DOT to design a safe s -curve, and that if Mn/DOT did not feel the current design is safe, they would not build it, nor would the City allow it. She also stated that in her opinion there would be a very measurable negative impact on a few homes on Culligan Lane if the frontage road access to the neighborhood were closed, as weighed against the desires of the Glenhill neighborhood. She stated that if she could be convinced that the Culligan Lane residents would support the cul-de-sac, she would be willing to reconsider her position. Councilmember Anderson pointed out that Council must consider issues such as safety and public safety ingress and egress and that the decision made on December 4th continues to make sense this evening. Councilmember Cummins stated that he felt rushed to a decision last meeting and that he thinks Council voted based on misinformation and circumstances have changed. He stated that the first Mn/DOT letter did not indicate to him that they felt the cul-de-sac was MENDOTA;PLAZA ACCESS IMPROVEMENTS Page No. 2983 December 18, 1990 better, and that if the school district letter was reconsidered, it makes sense to support the cul-de-sac. He pointed out that Council did not know the City would have to pay $30,000 to move utilities and also did not have a definitive recommendation from the engineering staff. He felt that new information suggests that perhaps Council should take more time on the issue and invite Mn/DOT to talk about their concerns over the s -curve. Councilmember Blesener stated that she would be willing to have a public hearing and invite Mn/DOT, but that she still feels eight homes on Culligan would be negatively impacted by the cul-de-sac, and that unless she can be convinced that the proposed s -curve will be less safe than what currently exists she will not change her position. Councilmember Anderson stated that Council considered the factors and voted on December 4th to direct Mn/DOT to design two ways into the neighborhood. Mn/DOT has returned a plan proposal that is more safe that what presently exists - there is less of a gradient. He urged Council not to reconsider, and felt that another discussion on the matter would divide the neighborhood more. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that infrastructure replacement funds can be used to pay for the utility relocation costs. Council acknowledged a report from Public Works Director Danielson with respect to a petition and waiver of hearing from Paster Enterprises for improvements to the entrance to the Mendota Plaza shopping center. Council also acknowledged a letter from Mn/DOT and possible intersection revision. Mr. Ed Paster, and Mr. John Streeter, construction engineer for Paster Enterprises, were present for the discussion. Mr. Paster stated that his request is for a feasibility study to address the issue of ingress/egress to the shopping center, managing traffic on T.H. 149 and helping traffic get into the center from Dodd and T.H. 110. He stated that he has been in regular CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council and City Admin. FROM: James E. Danielson Public Works Director SUBJECT: St. Peter's Church Utility Connection Project INTRODUCTION: May 1, 1991 At their last meeting Council reviewed and approved a feasi- bility report for providing City sewer and water service to the Church of St. Peter. A public hearing was ordered for the May 21st City Council meeting. The feasibility report discussed the desire to involve the City of Mendota in certain aspects of the project, the details of which have been set forth in the attached draft Joint Powers Agreement. DISCUSSION: At the last meeting Council approved the concept of connect- ing St. Peter's sanitary'sewer extension into the City of Mendota's sanitary sewer system. As compensation for allowing the connection, Mendota Heights would extend watermain into the City of Mendota up to the sanitary sewer connection point. A majority of this utility work will be done by Mn/DOT in conjunction with the 1st Phase of their Mendota Interchange Project. This project is scheduled to begin next year so staff has begun to work with Mn/DOT staff on preparing a Cooperative Agreement to provide for the work. We need to finalize an agree- ment with Mendota as soon as possible to insure that we will be able to connect into their system before we finalize our agree- ment with Mn/DOT. I have prepared a first draft of an agreement for Council review and comments. Once this agreement is,accept- able, it would be submitted to Mendota for their approval. ACTION REQUIRED: Review and comment on the draft joint powers agreement, and direct staff to present the agreement to the City of Mendota for their approval. JED:dfw MENDOTA - MENDOTA HEIGHTS SANITARY SEWER FACILITIES JOINT SERVICE AGREEMENT THIS AGREEMENT between the City of Mendota ("Mendota") and the City of Mendota Heights ("Mendota Heights"), both Minnesota municipal corporations, situated in Dakota County, Minnesota, was approved by Council action by the respective Cities of Mendota on the day of , 1991 and Mendota Heights on the day of , 1991. WITNESSETH WAS Mendota has a trunk sanitary sewer line which could serve St. Peters Catholic Church and other areas in that general vicinity, and WHEREAS the parties agree that these areas of Mendota Heights should be connected to and served by the Mendota sanitary sewer system upon the terms and conditions in this agreement; NOW THEREFORE, it is mutually agreed by and between the parties as follows: SECTION 1 - SERVICE AREA 1. Mendota Heights may, subject to the provisions of this contract, interconnect its sewers, servicing certain areas of Mendota Heights, with the sewers of Mendota. 2. The area of Mendota Heights which may be permanently served under this agreement is _ s n; atx;..G -identified on "Exhibit A". SECTION 2 - DESIGN AND CONSTRUCTION OF FACILITIES Mendota Heights shall at its own cost and expense construct the sewer lines within Mendota Heights and up to the Mendota Outlet Point of Interconnection, as shown on Exhibit A. Mendota Heights shall submit the plans and specifications to Mendota before commencing construction, for its review and approval. Such approval shall not be arbitrarily or unreasonably withheld. SECTION 3 - FEES AND CHARGES 1. As compensation for allowing to connect to Mendota's Sani- tary Sewer System, Mendota Heights shall extend an 8" water - main into the City of Mendota along with the sanitary sewer to the connection point with Mendota's sanitary sewer. A fire hydrant shall be installed on the north side of Trunk Highway 13 at that location. This watermain construction will be installed at no charge to Mendota. 2. Mendota Heights will apply to St. Paul Water Utility for authorization to extend the watermain to Mendota. This extension is contingent upon approval by St. Paul Water Utility. 4,4 �r SECTION 4 - CHARACTERISTICS 1. The sewage being discharged into the Mendota sanitary sewer is expected to be normal sewage meeting the Metropolitan Waste Control Commission standards. 2. Mendota Heights shall comply with the current Rules and Regulations as promulgated by the Metropolitan Waste Control Commission, and as they may be amended from time to time. SECTION 5 - INSPECTION A Mendota representative shall be permitted to inspect the con- struction of the sewer system described in Exhibit A, or the records of Mendota Heights, at any time to determine that the agreement of the parties is being complied with insofar as reasonably necessary to protect Mendota. SECTION 6 - CONSTRUCTION AND MAINTENANCE OF FACILITIES Mendota Heights shall construct, maintain and repair at its sole cost and expense all lateral sewer lines within the Mendota Heights district and up to and including the Mendota Point of Interconnection. SECTION 7 - COLLECTION SERVICES Quarterly sanitary sewer usage charges for each service unit situated in the Mendota Heights District shall be charged and collect- ed by Mendota Heights. Usage charges so billed shall be paid by Mendota Heights to Mendota within 30 days of the date of said billing. Said usage fees shall be based on the City of Mendota Heights' sani- tary sewer rate in effect at the time of billing. Said sewer rate shall be subject to amendment by Mendota Heights from time to time. SECTION 8 - ORDINANCE AND STANDARDS Any ordinance adopted by Mendota Heights covering or relating to the use of sanitary sewers and standards of strength and quality of sewage discharged into that part of its system in the area above described shall be equivalent to or in excess of the standards re- quired by Mendota. SECTION 9 - LIABILITY It is agreed that Mendota Heights will save and hold harmless Mendota from any and all costs, expenses, damages and any and all claims, demands or liabilities on account of or by reason of the construction, installation or maintenance of sewer trunk lines or laterals within the Mendota Heights District to be served and to the Mendota Point of Interconnection; discharge of sewage from the Mendota Heights District to be served into Mendota, including any act or omission, negligent or otherwise, of Mendota Heights or of any of its agents or employees. SECTION 10 - LIFE OF AGREEMENT The permission hereby granted in this agreement shall take effect and be in force from and after the passage of a resolution by the City Council of Mendota and a resolution by the City Council of Mendota Heights accepting and agreeing to the terms and conditions herein. Certified copies of such resolution, as and when accepted, shall be filed with the City Clerk of Mendota and the City Clerk of Mendota Heights immediately after such adoption. This Agreement shall contin- ue until canceled by mutual agreement of the parties. SECTION 11 - AGREEMENT BINDER The parties mutually, in consideration of the 'provisions of this agreement, hereby accept the privileges, rights and responsibilities hereby granted, subject to the terms and conditions herein and agree with each other to conform and comply with all acts, matters, things, requirements and conditions herein specified and required of said parties to be done. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first written above. CITY OF MENDOTA By: (Mayor) Date: By: Date: (City Clerk) CITY OF MENDOTA HEIGHTS By: Date: By: (Mayor) Date: (City Clerk) CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Tom Lawell, City Administ SUBJECT: Adoption of 1991 City Target Issues INTRODUCTION May 3, 1991 On -April 3, 1991, the City Council met to discuss and prioritize the City's goals for the coming year. Based on input provided at that meeting, the attached Target Issue List has been prepared for Council consideration. DISCUSSION The number of issues and concerns facing a community such as ours can at times seem overwhelming. In order to help focus the efforts and attention devoted to these municipal concerns, the City has long established a list of Target Goals setting forth the City's work program for the coming year. A draft copy of the City's 1991 Target Issues is attached for your review and consideration. The identified target issues have been categorized by priority and fall into one of the following classifications - high priority, medium priority, low priority and on-going activity. Please review the individual work tasks identified beneath each target issue and suggest any changes you deem necessary. RECOMMENDATION The adoption of the City's 1991 Target Issues is of great importance to staff as it sets forth our work program for the coming year. While we realize that unforeseen issues will develop during the course of the year which demand our attention, staff greatly appreciates the development and adoption of the attached list which identifies the Council's expectations for 1991. I recommend adoption of the attached 1991 City Target Issues. ACTION REOUIRED Council should review the attached Target Issue document and make -any changes which are necessary. Following that, a motion to adopt the City's 1991 Target Issue priority list would be in order. MTL:kkb TARGET ISSIIES FOR 1991 CITY OF MENDOTA HEIGHTS ADOPTED MAY 7, 1991 TARGET ISSIIES HIGH PRIORITY 1. Airport Issues - Implement revised corridor procedure - Participate in development of MSP long range CIP - Monitor decision making process considering relocation of ' MSP - Continue participation on MASAC, Part 150 and other MAC committees 2. Fiscal Planning - Analyze affects of State Property Tax Bill - Revise 1991 Budget as necessary - Investigate opportunities for greater intergovernmental cooperation and public/private partnerships 3. Park Referendum Implementation - Secure third ball field site 4., Public Improvement Policies - Develop and adopt public improvement policies for street and utility reconstruction - Develop and adopt public improvement policy for street light installation and operation STATUS - MAY 7, 1991 Awaiting word from FAA on corridor procedure. Mayor and staff continue to represent City on numerous airport committees and boards. Legislative session due to adjourn May 20th. List of possible areas of inter- governmental cooperation currently being developed. Awaiting outcome of litigation concerning Southeast Area. Preliminary work on all policies complete. Engineering will further develop policies and present to Council. 5. Dodd/110 Redevelopment - Complete intersection traffic study requested by Paster. - Study land use plans for vacant MnDOT T.H. 149 right-of-way - Undertake construction project to improve intersection as deemed necessary 6. Commission Relations - Conduct 1991 Team Building Session - Schedule periodic joint meetings between Council and Commissions - Provide copies of all meeting minutes to Council and Commissions - Update and revise "Listing of Responsibilities" generated at 1988 Team Building Workshop MEDIUM PRIORITY 7. Zoning Ordinance Revisions - Submit summary of proposed changes to Council - Revise and update changes as necessary - Adopt revisions and codify by mid summer 8. Yardwaste Management - Consider City's role in operating local compost site or providing peak season drop off site - Promote use of compost sites located in Eagan, South St. Paul and Lakeville - Educate residents in proper backyard composting procedures 9. Redevelop Old Fire Station Site - Arrange for bids to remove old fire' station - Investigate possibility of acquiring two neighboring parcels Traffic study nearly complete. Staff needs further direction from Council regarding land use goals for area. Team Building Session held April 24, 1991. Results are being compiled for review by Council and Commissions. Greater distribution of meeting minutes now implemented. Summary to be presented to Council on May 21, 1991. Backyard composting seminar held at City Hall April 25, 1991. Staff is investigating feasibility of hosting leaf drop off event for Fall 1991. Staff will solicit bids to determine cost of removal. '0. Recreation Programming - Compile list of recreational programs the City desires to provide - Investigate possibility of cooperatively providing certain programs with neighboring communities and ISD #197 11. Mendota Interchange Project - Determine scope and timing of City utility work connected with MnDOT's project - Assess development potential for properties along Pilot Knob Road and Hwy 55 - Periodically inform residents construction progress Activity to be undertaken by Council and Park and Recreation Commission. MnDOT update scheduled for May 7, 1991. Engineering in process of evaluating utility extension to St. Peter's Church. Acacia Cemetery to be contacted regarding of property along Pilot Knob Road. 12. Lexington/110 Traffic Flow Improve. - Investigate possibility of improving service road access to southeast quadrant of intersection. - Undertake construction project if deemed feasible LOW PRIORITY 13. Recycling Program - Increase participation to meet mandated abatement goals - Continue residential recycling promotion efforts - Consider adding materials to curbside program - Analyze affects of proposed reduction in County funding of recycling programs - Assist Dakota County in promoting commercial/industrial recycling Engineering will address options. In 1991, one recycling flyer has already been mailed and promotional visits to schools are ongoing. Two new recyclable materials added to program March 1. Recycling bin order forth- coming. 14. Storm Water Management - Continue participation in WMO's - Complete storm water management study currently underway by BARR Engineering - Identify and prioritize specific construction projects - Undertake construction projects as necessary 15. City Ordinance Recodification BARR Engineering work is progressing. Final report due late Summer 1991. - Identify recodification options t Staff will investigate and available provide report to Council - Consider options as part of 1992, by mid summer. budgetory process 16. Lexington/110 Commercial Redevel. - Discuss status of project with property owners - Evaluate long term site potential once Mendota Interchange Project is complete 5 Staff to arrange for meeting with property owners. ON-GOING ACTIVITIES Staff will continue to monitor and address the following on-going issues as time allows. j * Area Transportation Issues Including LRT * Tax Increment Financing legislation * Financial Management * D.A.R.E. Program * Local News Coverage * Current Legislative Activity * Human Resources Planning