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1991-02-19
CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA FEBRUARY 19, 1991 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of the February 5th Minutes 5. Consent Calendar a. b. c. d. e. f. g. Acknowledgment of the Acknowledgment of the Minutes. Acknowledgment of the Commission Minutes. Adoption of RESOLUTION NO. 91-07, A Resolution Establishing Targeted Recyclables for 1991. Approval of Combined Play Structure Site at Mendakota Park and Authorization for Station 19 Architects to Proceed with Final Plans and Specifications for the Park Buildings. Approval to Purchase Facsimile Machine. Approve Plans and Specifications and Order Advertisement for Bids for Furlong Area Utilities RESOLUTION NO. 91-08. Approval to Purchase' Tax Increment District Property. Acknowledgment of the Annual Recycling Report. Consider Payment Request from Kodet-Architectural Group. Proclamation of March 3-10 as Volunteers of America Week. Approval of the List of Contractors. Approval of the List of Claims (available Tuesday). Approve Various Police Department Personnel Actions. January Treasurer's Report. January 22nd Planning Commission February 12th Parks and Recreation End of Consent Calendar TARGET TIMES 6. Public Comments a. Release of Excess Trunk Highway 149 Right of Way - Brian Birch. 15 Min. 7. Hearings ** a. CASE NO. 90-39: Richard A. Putnam Associates - * 8:00 * Minor Comprehensive Plan 30 Min. Amendment (Note: Attachment to February 12th Staff memo (planner's response) will be available on Tuesday). 8. Unfinished and New Business a. CASE NO. 91-04: Pentel - Antenna Variance 10 Min. b. Foto Mark Building Permit 10 Min. c. Consider Planning Commission Appointment 5 Min. d. Discuss Team Building Session Date 5 Min. 9. Council Comments 10. Adjourn to Closed City Council Session to Discuss Litigation Matters - Centex Real Estate Corporation *** Conduct Closed Session **** 11. Adjourn to City Goal Setting Session - March 2, 1991 beginning at 8:30 A.M. CITY OF MENDOTA HEIGHTS MEMO February 19, 1991 TO: Mayor and City Council FROM: Tom Lawell, City Administ SUBJECT: Add on Agenda for February 19th Council Meeting One item (5n) has been added to the agenda (*). Extra information has been submitted for an item 7a. (**) 5n. Consent Calendar Approve various Police Department Personnel Actions. 7a. Supplemental Planning Report on Traffic Issues -Dodd Road/Mendota Heights Road Intersection See attached memo. Tdrfl CITY OF MENDOTA HEIGHTS MEMO February 15, 1991 TO: Mayor and City Council FROM: Tom Lawell, City AdministA 4— SUBJECT: Planning Commission Candidate Interviews DISCUSSION At our last meeting, Council discussed the need to fill a vacant position on the Planning Commission due to the recent retirement of Chairman Jerry Morson. A number of individuals have expressed interest in the position, and Council has elected to meet on Tuesday one hour in advance of our regular starting time to interview those who have applied. The Planning Commission candidates have been contacted and have been advised of the interview schedule. The attached agenda outlines the envisioned interview process which allocates ten minutes to each candidate. The candidates have been advised that the Council will be asking general questions regarding their interest in serving on the advisory commission. Please note that candidate Packer hasadvised that he will not be able to attend the interview and has withdrawn his name from consideration. ACTION REQUIRED Council should conduct the interviews and discuss which candidate is best qualified for the position. A separate agenda item has been included on the regular agenda, at which time the Council may formally appoint a member to the Planning Commission. MTL:kkb • CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA PLANNING COMMISSION CANDIDATE INTERVIEWS 6:30 P.M. TO 7:30 P.M. FEBRUARY 19, 1991 1. Call to Order. 2. Candidate Interviews: 6:30 John P. Seidel 6:40 Bob Emery 6:50 Joseph Betlej 7:00 Bernard P. Friel 7:10 Richard Herzog 7:20 James N. Packer (unavailable) 3. Council Discussion on Candidate Interviews. 4. Adjourn to Regular City Council Meeting. February 1, 1991 City of Mendota Heights 1101 Victoria Curve Mendota Heights, Mn 55118 Attn: Tom Lawell City Administrator Dear Tom: VIA - Q ... AJV t o tieC 0 L \ O CU c6Ackc Q Q .c.v, ( dv.° ckc&` � w 44 Thank you for notifying me on the appointment that's pending on the Planning Commission. This letter is to serve as an application for the posistion on the Planning Commission. As way of some background, I am presently employed as Vice President of Dakota County State Bank with responsibilities including the supervision of its branches and the loan portfolio. I had been employed at American National Bank, St. Paul for approximately seven years prior to joining Dakota County State Bank in January 1990. As you know, Tom, I am involved in several community functions which include: Chamber of Commerce, area YMCA, Dakota, Inc., Corporate Public Board Member, etc. As you also know, I have been a resident of Mendota Heights since October 1989 and reside here with my wife,-Karrine and my two daughters; Justine and Brittany. Since we made a commitment to the Mendota Heights area, I am very inter- ested in becoming involved in the growth and the changes of the city for its future. Tom, I would appreciate the opportinity to meet with you or the City Council to discuss my qualifications. Thank you for your consideration and I look forward to hearing from you very soon. Very trul ohn P. Seidel JPS:ams • Bob Emery 1183 Dodd Rcl. Mendota Hgts., Mn 55118 Mr. Charles Mertensotto c/o City of Mendota Hgts. 1101 Victoria Curve Mendota Hgts., Mn 55118 01-29-91 Dear Sir, I wish to apply for the position, opening up, on the planning commission for the city of Mendota Hgts. If familiarity with the community is a qualification for this position, my 35 years in the area should provide me with a good perspective for the future. My wife and I, along with our two children, have grown and prospered in Mendota Hgts. for the past twenty years, As well as being involved in local activities through the public schools, Cub Scouts, West St. Paul and Mend -Eagan athletics, and church organizations. I appreciate your consideration and await your decision. January 4, 1991 Mayor Charles E. Mertensotto and the City Council of the City of Mendota Heights • 1101 Victoria Curve Mendota Heights, MN 55118 RE: Vacancy on the Planning Commission Dear Mayor Mertensotto and Members of the City Council: Application is hereby made by the undersigned for appointment to the vacant position on the City Planning Commission. While I believe that my background and qualifications are known to most members of the City Council, I have, for convenience, attached a summary. I have been a resident of the City of Mendota Heights since 1957 and have been active in community matters in Mendota Heights, Independent School District #197 and St. Paul. I have an extensive background in municipal work, having served both the cities of Prior Lake and Falcon Heights as City Attorney and City Prosecutor for a total of over 12 years. I have served as legislative draftsman, technical advisor and lobbyist to numerous municipal governments and to various agencies of the State of Minnesota, including the St. Paul Port Authority, the St. Paul School District, the Metropolitan Council, the Minnesota Higher Education Facilities Authority and to the Revisor of Statutes of the State of Minnesota. have drafted both zoning and building codes, and amendments thereto, for a number of municipal governments and have been involved, representing both municipalities and taxpayers, in litigation over such codes. • Mayor Charles E. Mertensotto Members of the City Council January 4, 1991 • Page 2 was the author (with one of my partners at Briggs and Morgan) of the Western Lake Superior Sanitary District Law which provides for the establishment, financing and operation of the water and sanitary sewer systems of the Duluth and Cloquet areas and many smaller adjacent communities. I have been a regular speaker, both locally and nationally, on municipal matters ranging from assessments for local improvements to the federally mandated requirement of municipal bond registration. was extensively involved in three ISD #197 bond issue proposals during the 1960s which resulted in providing funds for the construction of many facilities, including Sibley High School. continue to be deeply concerned about plans for development and particularly concerned about how those plans may impact residents of the community and how they will affect our quality of life. BPF/wkh Enc. Very truly yours, Bernard P. Friel Name: Home Address: Date of Birth: Place of Birth: Marital Status: • Wife's Name: Children: Employment 1956 to February, 1985 and December 1, 1990 to present: February, 1985 to December 1, 1990: Formal Education BERNARD P. FRIEL BIOGRAPHICAL INFORMATION Bernard Preston Friel 750 Mohican Lane, Mendota Heights, Minnesota 55120 (Resident Mendota Heights since 1957) August 23, 1930 St. Paul, Minnesota Married Damaris Kathryn (nee Hofer) Friel Kimberly Countryman Friel, Deirdre Lee Friel, and Kevin Scott Friel Associate and Senior Partner with the St. Paul and Minneapolis law firm of Briggs and Morgan, P.A. Vice Chairman and General Counsel HEAF Management Corporation and HEMAR Corporation St. Paul, Minnesota Undergraduate degree (BSL) and law degree (LLB), University of Minnesota - 1954 Biographical Information Bernard P. Friel Page 2 Military Service Active Duty 1954-1956 Attained the rank of Captain, Reserve 1956 - 1961 United States Air Force Reserve Admitted to Practice of Law 1954 Minnesota Supreme Court 1958 United States District Court for the District of Minnesota 1959 United States Eighth Circuit Court of Appeals Legal Practice and Bar Activities . 1979-1980 1983 to 1987 1956 to Date President and Board Member, National Association of Municipal Bond Lawyers Member of the Council; Urban, State and Local Government Law Section of the American Bar Association Member; Ramsey County, Minnesota and American Bar Associations, and many committees of each Community Activities 1985 - 1990 Member; Minneapolis and St. Paul Metropolitan Aircraft Sound Abatement Council 1982 - 1984 1980 - 1984 Member, Board of Directors; Twin City Marathon, Inc. Member, Board of Directors; Thomas Irvine Dodge Foundation (Nature Center) 1980 - 1984 Member, Board of Directors; Project Environment Foundation (Sierra Club Foundation) Biographical Information Bernard P. Friel Page 3 1973 - 1983 1971 - 1979 1976 - 1979 1975 - 1977 1966 - 1975 1967 - 1969 1967 - 1968 1965 - 1967 Member, Board of Directors and General Counsel; American Heart Association, Minnesota Affiliate, Inc. Member and Chairman; Minnesota Higher Education Facilities Authority (a State agency) Member, Board of Directors; St. Paul Athletic Club Member, Board of Directors; Voyageur Outward Bound School Member; American Trial Lawyers Association Member; School Board, West St. Paul -Mendota Heights Member, Board of Directors; Minnesota Association for Retarded Citizens First Vice President and President; St. Paul Association for Retarded Citizens 1965 Member; State of Minnesota Mental Retardation Planning Council Awards and Recognition 1965 Named one of the Ten Outstanding Young Men in Minnesota 1964 Received the Greater St. Paul United Way Community Service Award for 1964 1982 Bernard P. Friel Award for outstanding contribution in the field of municipal finance created by the National Association of Bond Lawyers for outstanding service in the municipal finance area 1989 Inducted into St. Paul Central High School Hall of Fame for graduates whose leadership and achievements have made significant contributions to society Biographical Information Bernard P. Friel Page 4 Hobbies and Recreational Activities Running, photography, cinematography, canoeing, backpacking, rafting, kayaking, rock climbing, mountain climbing, gardening, wood working and furniture -making Relevant Experience 1958 - 1968 1963 - 1968 1970 - 1980 1970 - 1980 1958 - 1985 1958 - 1985 1972 City Attorney, Prior Lake City Attorney, Falcon Heights Advisor to the Revisor of Statutes, State of Minnesota Advisor to the Minnesota Municipal Finance Council, an organization of underwriters Drafting experience involving municipal zoning codes, building codes and amendments thereto Bond counsel to scores of Minnesota municipalities, several counties, the Metropolitan Council, the State of Minnesota, Minnesota Higher Education Coordinating Board and numerous school districts including Independent School District 197 and the City of Saint Paul School District Authored with one of my partners the Western Lake Superior Sanitary District Law which established the sewage district for the Duluth - Cloquet area Richard C. Herzog 703 Maple Park Court Mendota Heights, MN 55118 (612)457-8398 ' January 16, 1991 Honorable Charles Mertensotto, Mayor City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Mertensotto: This letter is a request for consideration for the voluntary position on the Mendota Heights Planning Commission recently announced in the Sun Current. The article stated that the position opening was due to a vacancy effective January 31, 1991. Attached is a current resume giving only a very brief outline of the highlights of my career. I would very much like an opportunity to speak to you or the Council about my background and why I feel qualified for the position. In addition, my current employ- ment in the academic community assures a significant degree of objectivity and integrity and at the same time permits and encourages community involvement and commitment. Most importantly, my service in St. Louis, both in the design and construction business and later as director of a local governmental agency, will provide a valuable resource and dimension to Mendota Heights. I have had the good fortune of sitting on the Mayor's cabinet, working closely with the St. Louis Land Reutilization Authority, the Bi - State Growth and Economic Development Authority and the US department of Housing and Urban Development. I have a very detailed working knowledge of drawing and reading blueprints, interpreting various housing and building codes including but not limited to the BOCA, Southern, Uniform, St. Louis and the Mendota Heights Building Code in addition to the National Fire Protection Association codes. It would be an honor to be given the opportunity once again to serve my community in an area in which I am well qualified and experienced to make a positive contribution. Sincerely, P Richard C. Herzog 1 RESUME RICHARD HERZOG 703 Maple Park Court Mendota Heights, MN 55118 (612) 457-8398 CAREER OBJECTIVES To continue acquiring skills in the area of financial planning and management. To provide institutional planning in the area of physical plant and property management. To provide computerized cost control systems for financial management. EDUCATION Master of Finance, St. Louis University 1977 BS-Business/Economics, Washington University, St. Louis 1968 WORK EXPERIENCE 1980 - Present 1978 - 1980 1977 - 1980 1973 - 1976 1970 - 1973 1964 - 1970 1962 - 1964 College Professor, Concordia & Augsburg, Twin Cities Director, St. Louis Housing Authority and Finance Corporation Planning Director, Concordia Seminary, St. Louis Engineering Consultant at Helmuth, Obata and Kassabaum Architects & Engineers, St. Louis President/Owner, American Automatic Fire Protection Co., St. Louis Sales Engineer, Viking Fire Protection Co., St. Louis Loan Officer, Bank of Highland Park, Illinois MILITARY 1961 - 1963 Comproller's Office, 5th Army Headquarters, Chicago (Computer programming and budgeting) CURRENT PROFESSIONAL ASSOCIATIONS National Association of Investors, Chairman of the Board American Association of Individual Investors, Life member Association for Business Ethics EXTRA CURRICULAR ACTIVITIES Church choir member Faculty advisor to student investment club Member of the Minni-Paul Investment Club Member of the Longfellow Investment Club • PERSONAL DATA Birth Date: July 16, 1939 Marital Status: Married, two children Hobbies: Reading, gardening JOSEPH R. BETLEJ, CFA 749 Decorah Lane Mendota Heights, Minnesota 55120 February 16, 1991 Mr. Thomas Lawell CITY OF MENDOTA HEIGHTS 1101 Victoria Curve Mendota Heights, Minnesota 55118 Dear Tom: Please accept the enclosed resume as my application for the opening on the Mendota Heights Planning Commission. It is understood that my interview is set at 6:50 pm on Tuesday February 19, 1991. Should this schedule change or if you need further information, please call me at my office (223-4185) or my home (456-5840). Very truly yours, Joseph R. Betlej Enclosure JOSEPH R. BETLEJ, CFA 749 Decorah Lane Mendota Heights, Minnesota 55120 EXPERIENCE: 4/87 -Present Investment Officer/Real Estate Portfolio Manager The Minnesota Mutual Life Insurance Company Responsibilities include overseeing $68 million portfolio of real estate investments, including acquisition and development activities. 5/86-4/87 Investment Analyst Travelers Insurance Company Responsible for originating mortgage loans and making equity placements for separate account clients of insurance company. 7/85-5/86 Real Estate Development Administrator Langer Construction Company Responsible for leasing and managing portfolio of office buildings and warehouse buildings. Additional activities included marketing of land and assisting in the development of industrial building for chair manufacturer. EDUCATION: Master of Science, Real Estate Appraisal and Investment Analysis University of Wisconsin -Madison, May 1985 Multi -disciplinary approach to real estate education including appraisal, development, financing, investment, law, and feasibility. Bachelor of Arts in Architecture University of Minnesota, June 1983 Education focusing on design, land planning, structures, and architectural history. MEMBERSHIPS: Associate Member -Urban Land Institute National Association of Industrial and Office Parks Twin Cities Society of Security Analysts Page No. 3007 February 5, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 5, 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. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Koch and Smith. Councilmembers Blesener and Cummins were excused. AGENDA ADOPTION Ayes: 3 Nays: 0 APPROVAL OF MINUTES Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Councilmember Koch moved approval of the minutes of the January 18th regular meeting with correction. Councilmember Smith 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 Code Enforcement monthly report for January. b. Acknowledgment of the Fire Department monthly report for January. c. Acknowledgment of the minutes of the November 27th Planning Commission meeting. d. Acknowledgment of the minutes of the January 3rd Planning Commission meeting. e. Adoption of Resolution No. 91-04, "RESOLUTION OPPOSING FURTHER CUTS IN STATE AID TO CITIES." f. Approval of the list of contractor licenses dated and attached hereto. Ayes: 3 Nays: 0 AIR NOISE g - Page No. 3008 February 5, 1991 Approval of the list of claims dated and totalling $261,005.90. h. Acknowledgment of bids received for the sale of surplus Police Department firearms and award of sale to Outpost Hunting and Sporting for their high bid of $1,060.00 i. Adoption of Resolution No. 91-05, "A RESOLUTION OF FRIENDSHIP AND GOODWILL TO THE CITY OF PERESLAVL, SOVIET UNION." Councilmember Koch seconded the motion. Air Noise Consultant Bob Collette was present to review proposed air corridor modifications. He gave Council and the audience a history of the City's involvement in the air noise issue, and explained the proposed corridor modifications which would establish a defined north boundary for departures of 105 degrees off runway 11L. Mr. Collette informed Council that the proposal has been made by the MAC Blue Ribbon Committee and while it has been embraced by the local FAA, it must go through regional and national review. Mr. Collette reviewed overheads of the two departure tracks for Council. Mayor Mertensotto informed the audience that the proposal gives the City a northern corridor boundary which can be argued and protected. He explained that last year there were 350,000 operations from the airport and 55 to 60% of those operations were over Mendota Heights and Eagan. The proposed corridor is very important to Mendota Heights because it would mean that planes will be confined to the corridor instead of flying all over the City, and that planes must fly four - tenths of a mile beyond the end of the runway before changing headings. If the proposal is approved, planes will no longer depart over the Roger's Lake, Curley's and Friendly Hills neighborhoods. Departures will still affect homes in Bridgeview and the southern parts of Copperfield. He stated that the proposal is a major breakthrough for the City and is the culmination of more than two years of efforts. Responding to a question from Councilmember Smith, Mr. Collette stated that he does not Page No. 3009 February 5, 1991 know how quickly the proposal can be effected but that he is hoping for a spring or summer implementation. CASE NO. 90-44, STRUB Mayor Mertensotto informed the audience that consideration of an application from William Strub for the subdivision of property on T.H. 13 had been scheduled on the agenda but that the Planning Commission had continued its hearing to February. Ayes: 3 Nays: 0 HEARING, CASE NO. 91-02, SOLVAY Councilmember Koch moved that consideration of the application for subdivision be tabled to the March 5th Council meeting. Councilmember Smith seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Solvay Animal Health for an amendment to its conditional use permit for Planned Unit Development to allow construction of Phase II of its development., Mr. Dale Glowa, from United Properties, explained that Solvay has asked United to construct a second building for Solvay's office campus. 'He reviewed drawings for Council and the audience and stated that Solvay has asked United to enlarge its site to allow for a future 12,000 square foot expansion of the building - the total building size he is proposing could eventually be 42,000 square foot. Mayor Mertensotto asked whether additional future variances will be needed to accommodate the expansion. Mr. Glowa responded that the preliminary plat Council originally reviewed for phase 2 was for a 3.77 acre site but that the site has been expanded to 5.35 acres to accommodate the potential building expansion. Mr. Glowa asked that Council authorize the use of $60,000 in Tax Increment Financing to assist in the costs of creating a retention pond on the Solvay site. Mayor Mertensotto asked Public Works Director Danielson whether the proposed pond is necessary as part of the Solvay Phase 2 development. Page No. 3012 February 5, 1991 Putnam is unable to attend the meeting and has requested that it be continued. Councilmember Koch moved that the hearing on Case No. 90-39 be continued to 8:00 P.M. on February 19th. Councilmember Smith seconded the motion.. Ayes: 3 Nays: 0 CASE NO. 91-03,MOSSMAN Ms. Bonnie Mossman was present to request approval of the use of a temporary business sign at 2150 Dodd Road (T. Belvidere's) which requires a twelve foot front yard setback variance and seven square foot sign size variance. Ms. Mossman stated that she would like permission to install the portable 32 square foot sign on her property for 90 days. CouncilmemberSmith moved to approve a temporary 25 foot front yard setback variance and 7 foot sign area variance to allow a temporary portable four by eight foot business sign to be located at T.Belvidere's for 90 days. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 CASE NO. 91-04, PENTEL Ms. Sylvia Pentel and her legal representa7 tive, John Bellows, were present to request approval of a thirty-seven foot height variance to allow construction of a 68foot high crank -up tower'to*support a rotatable beam ham radio antenna on her property at 556 Fremont Avenue. Mr. Bellows stated that Ms. Pentel is seeking the variance to construct and maintain a well - engineered tower and antenna system to provide reasonably adequate communications at a minimum height. Ms. Pentel is federally licensed. She has submitted specifications on a retractable tower.which is engineered to a safety factor of two, and is rated to withstand 80 mile per hour winds. It would'. have no guywires and would be a self- supporting tower which is retractable to 29 feet if, necessary.. Mayor Mertensotto asked the lot size and the proposed location of the tower. Page No. 3013 February 5, 1991 Mr. Bellows responded that the lot is 60 feet wide by 120 feet deep and that the tower would be located within ten feet of the back of the home, adjacent to an existing deck. He further stated that there are 60 foot tall cottonwood trees behind the Pentel lot. Mayor Mertensotto asked if there are two existing antennas on the home. Mr. Bellows responded that there are, and that they are vertical, single rod antennas that extend up about 45 feet. The proposed tower antenna would greatly increase the reliability of transmission and reduce the likelihood of interference with the neighbors. He further stated that Ms. Pentel feels the 68 foot tower is the minimum height needed for reliable communications and that she feels that because of the nature of the communications it is important to have a certain minimum height. He stated that Ms. Pentel is operating on a frequency which requires 62 to 68 feet of height for reliability. He recognized that there is neighborhood opposition, but that Ms. Pentel is proposing an installation that is a minimum necessary in terms of height and placement. It will be visible but not as much as people think. He stated that it is not the only structure in the neighborhood that is• visible that people find unattractive, and showed Council pictures of existing power poles, a transmission tower about a block away, etc., that people might not consider "works of art" in the neighborhood. He further stated that the Council approved an application for an antenna tower on Delaware in 1987. Mayor Mertensotto responded that he has looked at the antenna on Delaware. There was no neighborhood objection to that antenna, and the applicant assured Council that there would be limited use and it would be nested often. He further felt that a tower of this type could topple down on someone else's property or home and therefore presents a potential safety hazard. Mr. Bellows stated that such towers are engineered with those specific considerations in mind and that if the• tower was extended to 68 feet in storm conditions, it is possible to nest it at 28 feet, which is not true for Page No. 3014 February 5, 1991 other structures, such as trees, which could more easily fall. He felt that trees present much more of a hazard than the tower would. He suggested that failure to grant the variance would prevent Ms. Pentel from doing a ham radio activity. He stated that Council must deal with a 1985 issue from the FCC which states that local regulations involving the placement, screening or height of antennas based on health, safety or aesthetics must represent minimum practical regulations. He informed Council that he has given the City Attorney six citations which have dealt with the issue: in each of the six, the actions by councils to unduly restrict the height of towers have been overturned, and in two, the court has awarded attorney fees. He stated that Ms. Pentel is proposing a well -engineered tower, and minimally necessary height to provide reasonable operation, and that the objections based on interference, etc., are either based on misunderstanding or aesthetics. Mayor Mertensotto stated that the Tower on Delaware was the first to be approved and was only approved because there was no neighborhood objection. He stated that the City has a responsibility as far as safety of the towers, and asked why the application should have the right to put up something that could fall over onto someone else's property. He further pointed out that the City does not allow buildings of the height proposed by the applicant for the tower. He the offered an opportunity for Ms. Pentel's neighbors to speak on the matter. Ms. Elizabeth Plummer, 605 Garden Lane, spoke to the comparisons between the Pentel request and the tower on Delaware. She stated that on Delaware, the tower runs right along the fireplace and goes just to the top of the chimney and is barely noticeable. The proposed Pentel tower is not unlike the metal structure for a windmill and is very unsightly. She further stated that Ms. Pentel has stated that when the tower is up it would be used to record the wind velocity, yet she also says that during wind storms she would lower the tower - which is contradictory. She pointed out that Ms. Pentel has two towers now - one is a wind monitor, which she has seen at a 90 degree angle when it is windy. She Page No. 3014 February 5, 1991 other structures, such as trees, which could more easily fall. He felt that trees present much more of a hazard than the tower would. He suggested that failure to grant the variance would prevent Ms. Pentel from doing a ham radio activity. He stated that Council must deal with a 1985 issue from the FCC which states that local regulations involving the placement, screening or height of antennas based on health, safety or aesthetics must represent minimum practical regulations. He informed Council that he has given the City Attorney six citations which have dealt with the issue: in each of the six, the actions by councils to unduly restrict the height of towers have been overturned, and in two, the court has awarded attorney fees. He stated that Ms. Pentel is proposing a well -engineered tower, and minimally necessary height to provide reasonable operation, and that the objections based on interference, etc., are either based on misunderstanding or aesthetics. Mayor Mertensotto stated that the Tower on Delaware was the first to be approved and was only approved because there was no neighborhood objection. He stated that the City has a responsibility as far as safety of the towers, and asked why the application should have the right to put up something that could fall over onto someone else's property. He further pointed out that the City does not allow buildings of the height proposed by the applicant for the tower. He the offered an opportunity for Ms. Pentel's neighbors to speak on the matter. Ms. Elizabeth Plummer, 605 Garden Lane, spoke to the comparisons between the Pentel request and the tower on Delaware. She stated that on Delaware, the tower runs right along the fireplace and goes just to the top of the chimney and is barely noticeable. The proposed Pentel tower is not unlike the metal structure for a windmill and is very unsightly. She further stated that Ms. Pentel has stated that when the tower is up it would be used to record the wind velocity, yet she also says that during wind storms she would lower the tower - which is contradictory. She pointed out that Ms. Pentel has two towers now - one is a wind monitor, which she has seen at a 90 degree angle when it is windy. She Page No. 3015 February 5, 1991 wondered what such winds would do to a 68 foot tall structure. She informed Council that she has submitted a petition of opposition signed by 25 neighbors who oppose the request, and that she could get many more signatures if she had more time. She felt that the tower could interfere with television and radio reception, garage door openers, and mobile telephones, and it could tip over in a wind. She pointed out that ham radio operation is a hobby for Ms. Pentel but that the rest of the neighbors would be made to sacrifice for her hobby. She felt that the tower is unsightly and that there is not room in the yard for such a massive structure. Mr. Robert Cunningham, 561 Hiawatha, stated that he lives directly behind Ms. Pentel's property and that he echoes Mrs. Plummer's comments and protests the tower request. Mayor Mertensotto asked Ms. Pentel what the tower would offer over what she already has available with the existing antennas. Ms. Pentel responded that there would be better communication, it would be more liability, and it would provide the ability to communicate anywhere in the U.S. It is a directional antenna and allows her to make contact anywhere she needs to. She stated that communication must be reliable or it is no good and the her present system is not reliable for what she wants to do. It is good for what it is designed to do, but the proposed tower is for a different type of transmission. She stated that she needs long range capability and reliability and that ham radio operation is not just her hobby. Mayor Mertensotto stated that he does not like to have a situation which pits neighbors against each other and that it is obvious that the neighbors are concerned over the height of the structure. Mr. Don Driver, acting area manager for the National Medical Disaster System, stated that Ms. Pentel is his communications officer, and is a volunteer. The disaster system is prepared to respond to major disasters. There are other forms of communication used on a daily basis, - telephone, computers, etc., but there are those situations where back up Page No. 3016 February 5, 1991 communications are necessary and maybe even primary if there were a tornado and the City was damaged. He stated that one of the most important aspects of any emergency is communication. He suggested that the City's Fire Department may be a part of the disaster system, and informed Council that there are 22 participating medical centers throughout the seven -county metro area. The amateur network can communicate verbally and electronically over the airwaves and can also transmit a television signal electronically, and he can see that communication in his emergency operations center. He stated that if a tornado came through, the neighbors would be very glad they had the tower to get help. Responding to Mrs. Plummer's comments, Mr. Bellows stated that the tower is not windmill size and that the structure on Delaware is 8 feet from the property line whereas the Pentel tower would be 16 feet from the property line. He stated that he presumes there is no more of a safety concern with the Pentel proposal than the Delaware tower. With respect to interference, he stated that he is reluctant to tell someone they cannot do something, but that radio interference is within the exclusive province of the FCC, and the fact is that Ms. Pentel is responsible to be sure she is not the cause of any interference. He is not aware of any complaints of interference at this time and has no reason to think there would be more interference with a taller tower. Mrs. Plummer stated that the proposal sounds very commercial to her and it is not a commercial area. Mayor Mertensotto responded that this is not the issue, that the issue is does the City want to allow the tower from a health, welfare and safety standpoint without unduly interfering with Ms. Pentel's right to be a ham radio operator. He asked Ms. Pentel if reception for the existing antennas would be improved if the trees were topped. Mr. Bellows responded that it would not, that reception is degraded because the trees are there but to have reliable communications a certain elevation is needed - and Ms. Pentel is saying that the minimum necessary to achieve this level is 62 to 68 feet. Page No. 3017 February 5, 1991 Councilmember Smith asked what the range of the Ms. Pentel's current system is. Ms. Pentel responded that she could go around the world with the proposed tower. She can sporadically get various places in the U.S. now, but it is not reliable for a distance. She would have more availability of international and thorough nation-wide transmission with the tower. Mrs. Lorraine Gerten, 542 Fremont, stated that nothing has been mentioned with respect to electrical current or how far the tower would be from the power lines. Mr. Bellows responded that radio energy is located in the top of the antenna and is radio frequency energy, and is not 110 or 220 volt. The tower at full extension would not, even if it fell, hit the power lines. Mayor Mertensotto stated that Mr. Bellows has quoted citations on the FCC ruling, but Council has control over heights and types of structures allowed. Mr. Bellows responded that in the citations, PRB-1 was in conflict with the Zoning Ordinance where it restricts antennas to less than 60 feet and that each case over -rode the action of the City in denying a variance or conditional use permit. Councilmember Smith asked whether all of the cases dealt just with antennas or did they deal with other structures. Mr. Bellows responded that they specifically related to amateur towers and antennas. Mayor Mertensotto asked whether the ordinances in question were trying to regulate amateur radio towers. Mr. Bellows responded that most were general height restrictions for any structure. City Attorney Hart stated that the question is what is minimally necessary in order to reasonably accommodate amateur communications. The City's ordinance does not preclude amateur radio communications. Council must balance the needs of the amateur radio operators WEED CUTTING SCHOUVELLER PROPERTY TIF PURCHASE REQUEST Page No. 3018 February 5, 1991 against local needs. Council must determine that if it feels if the tower is unsafe at 62 feet or whatever height, at what level would it be safe. Mr. Bellows agreed that the ordinance does not prohibit amateur radio operation but stated that the conflict is height, and Ms. Pentel believes that 68 feet is necessary and no one has rebutted that. Council directed that the matter be continued to the February 19th meeting and that the City Attorney prepare a report on what discretion is available to Council in the matter. Council acknowledged a memo from Weed Inspector Dick Gill regarding the weed ordinance and enforcement policy. Public Works Director Danielson the memo is• in response to issues raised by Council - concern over the response time for getting weeds cut and providing for exemption language in the ordinance. It was the consensus that one certified ten day notice to cut weeds is sufficient time for response/action by property owners, and that staff should prepare an ordinance amendment to provide for the granting of exceptions to the ordinance. Mayor Mertensotto suggested that the weed cutting regulations should be addressed in the next issue of Heights Hilites. Council acknowledged a memo from Treasurer Shaughnessy regarding interest expressed by Mr. Jerry Schouveller for the sale of his property on Roger's Road to the City. Mr. Schouveller was present for the discussion. Mr. Shaughnessy explained that the purchase of the five residential properties on Roger's Road was included in the TIF plan because they are non -conforming uses in a B-1 District and are located within the airport noise zones. Council discussed the matter with Mr. Schouveller and his representative. It was pointed out that the City's appraisal of the vacant lots is considerably less per square foot than is the appraisal which was done for Mr. Schouveller by Metzen Realty, and that the $3.36/square foot in the Metzen appraisal is CITY HALL PAYMENT Page No. 3019 February 5, 1991 higher than $2.94/square foot cost for the Solvay drainage easement even though the Solvay property is fully improved. Mayor Mertensotto suggested that Mr. Schouveller come back with a new proposal if he wishes. Council acknowledged and discussed a memo from Treasurer Shaughnessy regarding a request from the City Hall general contractor for payment of $11,277.61 of the $18,000 withheld on the construction contract. Mr. Shaughnessy stated that the contractor is requesting reimbursement for work that has been done on excavation to correct the drainage problem and water seepage damage. He stated that the question needing to be considered is whether the $5,000 which the City would continue to hold is sufficient to correct remaining problems. He pointed out that it cannot yet be determined whether the drainage correction will work. Building Manager Guy Kullander stated that the City withheld the $18,000 to cover a number of problems needing correction. He informed Council that staff has asked the contractor to give the City a written description of how he plans to correct the deficiencies, including correcting drainage along the back sidewalk by the Police Department and repairing carpet and wall damage caused by the"water seepage on the south side of the building. It was the consensus that funds would not be released until all problems are corrected and until it can be determined that the drainage corrections on the south side of the building will work. MENDAKOTA PARK BIDS Mr. Kullander gave the Council a brief ARCHITECTURAL SERVICE background on the Mendakota Park acquisition and development, including review of currently proposed development plans. Mayor Mertensotto commented that the comfort station roof pitch is so steep that the roof would be the focal point in the park. He suggested that the roof should be lower profile. Mr. Kullander informed Council that the observation deck on the comfort station and Page No. 3020 February 5, 1991 the bandshell/picnic pavilion have been added to the original park concept. He then briefly reviewed the anticipated costs and available funding. He asked for Council authorization to advertise for bids to construct the fields, parking lot, trail, fence, etc. Council acknowledged a memo from Public Works Director Danielson regarding a request from Station 19 Architects that Council approve a $1,750 increase in its contract for Mendakota Park architecture because of the increased scope of the project. After discussion, Councilmember Smith moved to accept the plans and specifications for the Mendakota Community Park and authorize advertisement for bids, and to increase the architectural agreement with Station 19 Architects by $1,750 in recognition of additional work requested by the City. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 COMMISSION APPOINTMENT Council acknowledged a memo from the City Administrator regarding appointments to expired terms of office on the Planning and Park Commissions. Ayes: 3 Nays: 0 COUNCIL WORKSHOPS Councilmember Smith moved to reappoint Mike Dwyer and Dan Tilsen to three year terms on the Planning Commission and Carol Damberg, Steven Kleinglass and Stephen Hunter to three year terms on the Parks and Recreation Commission. Councilmember Koch seconded the motion. It was the consensus that Council meet at 6:30 P.M. on February 19th to interview individuals who have applied for appointment to the Planning Commission vacancy created by the retirement of Jerry Morson. Council acknowledged and discussed a memo from the City Administrator regarding the scheduling of Council/Commission teambuilding and goal setting workshops. It was the consensus that the goal setting workshop be held on Saturday, March 2nd from 8:30 A.M. to 12:30 P.M. and that the PERRON PROPERTY ADJOURN Ayes: 3 Nays: 0 Page No. 3021 February 5, 1991 teambuilding session be tentatively scheduled for April 6th. Council acknowledged a memo from Administrator Lawell regarding an offer from the Margaret Perron Estate for the sale of 2370 Highway 55 to the City. Mayor Mertensotto pointed out that Council has made a decision not to acquire any more properties in the Furlong Addition, and felt that there is no reason for the City to acquire the property. It was the consensus of Council that the offer be declined. There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned to 6:30 P.M. on February 19th for Commission candidate interviews. Councilmember Koch seconded the motion. TIME OF ADJOURNMENT: 9:55 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL February 5, 1991 Asphalt License Prior Lake Blacktop, Inc. Masonry Licenses A & B Cement Construction, Inc. Moline, B.R.-Masonry, Inc. Northland Concrete & Masonry, Inc. Viking Concrete & Masonry, Inc. Excavating License Nova -Frost, Inc. Gas Piping Licenses Hinding Heating & A/C, Inc. R.H. Heating & A/C, Inc. Red Wing Heating & A/C, Inc. Snell Mechanical, Inc. Twin City Furnace Co., Inc. Welter, Ray N. -Heating Co. General Contractor Licenses Able Fence, Inc. Berggren Construction Bream Builders, Inc. Coronado Stone Dahm, K.W. Const. Co., Inc. Elite Kitchen & Bath, Inc. XMH Erectors, Inc. MN Exteriors, Inc. Nardini Fire Equipment Co. Roto -Rooter Services Co. Sela Roofing & Remodeling, Inc. Shield Fire Protection, Inc. Unipro Construction Co. Valley Investments Const. Co. Wenzel Plumbing & Heating, Inc. Heating & Air Conditioning Licenses Harris Waldinger, Inc. R.H. Heating & A/C, Inc. Snell Mechanical, Inc. Twin City Furnace Co. Plaster License Quality Drywall, Inc. Rubbish License Roadway Rubbish CITY OF MENDOTA HEIGHTS TREASURER'S REPORT, JANUARY, 1991 BALANCE DAKOTA COUNTY STATE BANK Checking Account 5% Savings Account 5 1/2% C.D. Rep. 6.15% Collateral - Bonds Gov't. Guar. CHEROKEE STATE BANK $ 55,103.68 518.94 300,000.00 $ 355,622.63 $1,092,581.00 $ 100,000.00 C.D. due 3/1/91 @ 7.10% $ 350,000.00 Savings Cert. 2/28/91 @ 7.2% $ 13,952.59 $ 363,952.59 Collateral - Bonds Gov't. Guar. $ 800,000.00 $ 100,000.00 U.S. Treasury 8 5/8% 5-15-93 Notes $ 498,671.88 FNB Acceptance $1,000,000 2/1/91 8.21%$ 986,508.00 GNMA Mtg. Pool 9% $ 277,467.43 COLLATERAL $1,192,581.00 $ 900,000.00 Value 1-31-91 (est.) U.S. Treasury Money Mkt 1,707,861.79 (2,285,000.00) Gov't. Securities Fund 1,200,000.00 (1,773,000.00) TOTAL FUNDS AVAILABLE: $5,390,084.32 Funds Available 12/31/90: 6,192,720.44 1/31/90 4,405,736.00 Rates Money Market Jan. 31 Bank 6.00% Fid 6.98% Escrow Funds (American National Bank) 12-31-90 City Hall Buildings $ 25,347.00 Railroad Crossing $160,156.00 TOTAL $185,503.00 CITY OF MENDOT'A HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JANUARY 22, 1991 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 22, 1991, in the City Hall Council Chambers, 1101 Victoria Curve. Chairperson Morson called the meeting to order at 7:32 o'clock P.M. The following members were present: Morson, Koll Dwyer, 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 Commissioner Krebsbach moved approval of the November 27, 1990 Minutes with corrections. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 Commissioner Duggan moved approval of the January 3, 1991, Minutes. Commissioner Dwyer seconded the motion. AYES: 7 NAYS: 0 CASE NO. 91-03: MOSSMAN (T. BELVIDERE'S) - TEMPORARY SIGN VARIANCE Ms. Bonnie Mossman, owner of T. Belvidere's, 2150 Dodd Road, was present to discuss her request for a variance to install a temporary sign. It was noted by staff that T. Belvidere's is an existing non- conforming structure that encroaches upon the front yard setback and that Ms. Mossman is also requesting a setback variance along with a: sign area variance. Chairperson Morson questioned if the lack of parking could impair the visibility of the sign. Ms. Mossman stated that it could but that they rarely have more than two or three vehicles in the lot at one time. Commissioner Duggan questioned if the junker cars in front of the building were Ms. Mossman's. Ms. Mossman answered that they are not and that she has AYES: 7 NAYS: 0 January22, 1991 Page 2 tried to have them removed, by the owners, several times. Ms. Mossman stated that it is her intention to possibly install a "v -shaped" sign on the structure sometime in the spring. She explained that the sign she is requesting to install will be lit internally, will have an arrow pointing towards the structure and that it will be like the temporary sign that the Mendota Heights Fire Department uses to advertise their City events. Commissioner Dwyer questioned if Ms. Mossman has looked further into getting a smaller square foot sign than what she is requesting. Ms. Mossman stated that the seven foot sign is the most common size and that she has not looked into getting a smaller size. She stated that she had no problem with researching the matter further. Commissioner Duggan moved to recommend that the City Council grant a twenty-five foot (25') front yard setback variance and a seven (7) square foot sign area variance for a temporary sign to be erected for three months at 2150 Dodd Road. Commissioner Dreelan seconded the motion. Commissioner Duggan suggested that Ms. Mossman attempt to find a rental sign that did not exceed twenty-five (25) square feet in order to avoid the size variance. CASE NO. 91-04: PENTEL - VARIANCE Mr. John Bellows, attorney representing Ms. Sylvia Pentel of 556 Fremont Avenue, was present to discuss Ms. Pentel's request for a thirty-seven foot (37') height variance to allow the construction of a sixty-eight foot ..(68') high ham radio antenna. Chairperson Morson acknowledged that the Planning Commission received a letter dated January 21, 1991, from Mr. Bellows as an add on item to the agenda at tonight's meeting. Administrative Assistant Batchelder stated that the City did receive the letter and its attachment that afternoon and that it was a twenty (20) page AYES: 7 NAYS: 0 January22, 1991 Page 2 tried to have them removed, by the owners, several times. Ms. Mossman stated that it is her intention to possibly install a "v -shaped" sign on the structure sometime in the spring. She explained that the sign she is requesting to install will be lit internally, will have an arrow pointing towards the structure and that it will be like the temporary sign that the Mendota Heights Fire Department uses to advertise their City events. Commissioner Dwyer questioned if Ms. Mossman has looked further into getting a smaller square foot sign than what she is requesting. Ms. Mossman stated that the seven foot sign is the most common size and that she has not looked into getting a smaller size. She stated that she had no problem with researching the matter further. Commissioner Duggan moved to recommend that the City Council grant a twenty-five foot (25') front yard setback variance and a seven (7) square foot sign area variance for a temporary sign to be erected for three months at 2150 Dodd Road. Commissioner Dreelan seconded the motion. Commissioner Duggan suggested that Ms. Mossman attempt to find a rental sign that did not exceed twenty-five (25) square feet in order to avoid the size variance. CASE NO. 91-04: PENTEL - VARIANCE Mr. John Bellows, attorney representing Ms. Sylvia Pentel of 556 Fremont Avenue, was present to discuss Ms. Pentel's request for a thirty-seven foot (37') height variance to allow the construction of a sixty-eight foot ..(68') high ham radio antenna. Chairperson Morson acknowledged that the Planning Commission received a letter dated January 21, 1991, from Mr. Bellows as an add on item to the agenda at tonight's meeting. Administrative Assistant Batchelder stated that the City did receive the letter and its attachment that afternoon and that it was a twenty (20) page January 22, 19 91 Page 3 document, therefore City staff forwarded only the letter to Planning Commission as an add on item. Mr. Bellows explained that Ms. Pentel has an interest in amateur radio and that she is involved in the National Disaster Medical System which is a voluntary organization that is intended to assist in emergency preparedness. He stated that the National Disaster Communications provides communication in coordinating facilities in the use of hospital beds in the event of a national emergency, i.e., the Gulf Crisis. He stated that this is a type of community service that everyone would like to see occur. He stated that this type of communication is all voluntary and that it is done through amateur radio. He stated that this type of communication is authorized through the FCC. Mr. Bellows cited some instances where the amateur radio communications were helpful (hurricane Gilbert and the San Francisco earthquake). Mr. Bellows explained that the tower is retractable, that it would nest at 29.2 feet and extended fully would be 68'. He stated that the tower would have two antennas on the top (v antennas). He stated that the tower would be erected in full compliance of all engineering standards. He explained that there has been some concerns with the tower if there was a strong wind storm. He explained that the tower is rated to hold 16 square feet in an 80 mph wind. Mr. Bellows explained that the existing antennas are referred to as whip antennas. He stated that these antennas are below the trees and that the communication is limited. He explained that the type of antenna that Ms. Pentel is requesting is a directional antenna. He stated that by raising an antenna to a certain level you increase your reliability and effectiveness in communicating. He explained that to receive this type of high frequency the antenna needs to be 60 to 70 feet. He stated that what Ms. Pentel is requesting 62 feet. Mr. Bellows explained that Ms. Pentel's communications will be from coast to coast and that she needs to have a reasonable reliable and effective antenna and to achieve that, she needs to have this particular height. Mr. Bellows stated that no one has stated to Ms. January22, 1991 Page 4 Pentel that they object to this request. He stated that there were 14 people that Ms. Pentel had to get signatures of consent from. He stated that Ms. Pentel obtained 9 signatures. He noted that the City Zoning Ordinance under Variances does not require an applicant to obtain approval from neighbors. He stated that this request was an attempt to keep the neighbors happy and that Ms. Pentel was willing to abide by the request. He stated that the way the antenna is proposed was an attempt to make the tower unobtrusive and cooperative as possible and still permit reliable communications on a continuous basis. Mr. Bellows explained that Ms. Pentel is engaging in a lawful and beneficial licensed activity. He stated that this type of request is not unique within the City. He stated that an antenna was approved by the Council at 975 Delaware Avenue in 1987. Mr. Bellows further passed pictures of Ms. Pentel's home showing where the antenna will be placed. Mr. Bellows stated that he does not know of any studies where radio antennas decrease property valuations within the neighborhood it stands. Mr. Bellows stated that the City Planner raised a concern of the tower falling. He stated that that is rare and that a tower does not fall from the base of the tower. He further stated that in bad weather, the tower can be lowered. Mr. Bellows stated the FCC has issued a ruling of limited preemption that affects the authority of local boards and councils which deal with zoning issues called PRB-1. Mr. Bellows stated that he would be happy to provide the City's Attorney with this information. He stated that a number of courts have ruled on this issue and that he is willing to provide all of the citations to the City Attorney. He stated that in each of these instances the courts have struck down the local ordinance or they have upheld the local ordinances. Commissioner Tilsen stated that he understands the nature of the situation. He questioned if there can be alternatives to having a tower of this height. Mr. Bellows stated that there are no alternatives as the height of the tower is what achieves the most effective communication that Ms. Pentel needs. Commissioner Tilsen questioned if a January22, 1991 Page 5 cage could be placed around the tower to prevent children from climbing the tower. He further questioned if additional insurance is needed for a tower of this height. Mr. Bellows responded that a cage can be installed and Ms. Pentel stated that she has an ample amount of coverage - $300,000. Commissioner Tilsen stated that he,would like to see the soils and foundation to be inspected by the City before the tower is erected. He further questioned whether the City's Ordinances should be amended to consider radio antennas as a Conditional Use. Commissioner Duggan questioned if it is really necessary to have the antenna as high as 68'. Mr. Bellows stated that for the type of high frequency that Ms. Pentel needs to achieve she needs to have the height of 68'. Commissioner Duggan questioned what the other two existing antennas are for. Ms. Pentel stated that each antenna is for an additional type of communication. Commissioner Duggan stated that the petition submitted is not the original petition and wondered where the original one is. He stated that he talked to several residents who signed the petition who all stated to him that they thought the tower would be a 25' tower. Commissioner Duggan stated that Page 1 of the Petition is missing. He further questioned if the people who signed the petition really understood what Ms. Pentel is proposing. Commissioner Krebsbach stated that the Planning Commission is also concerned with.aesthetic impacts on neighborhoods and that the Commission has had a strict enforcement of variances. She stated that she admires Ms. Pentel for developing such an interest. She questioned if this really has to be done in Ms. Pentel's backyard. Mr. Bellows stated that it is Ms. Pentel's right. Chairperson Morson questioned how many hours a day Ms. Pentel spends using the radio. Ms. Pentel stated that she spends several hours a day at the radio. Commissioner Dreelan stated that she would not like such a high tower in her backyard. AYES: 7 NAYS: 0 January 22, 1991 Page 6 In response to a question from Commissioner Dwyer, Ms. Pentel stated that she has lived at her home for 16 1/2 years. Commissioner Koll stated that her concerns are centered around the neighborhood, the aesthetic impact and the potential inconvenience of radio interference with televisions, etc. She pointed out Section 5.5 on Variances within the Zoning Ordinance. Ms. Joanne Koerschen, 562 Fremont, stated that she is concerned that there will be interference on televisions and radios and that she strongly objects to Ms. Pentel erecting this tower. Ms. Plummer, 605 Garden Lane, stated that she is opposed to the request. She stated that she is concerned that her property valuation will be damaged due to the tower. She further stated that there are seven people in the audience tonight who are all opposed to this request. Mrs. Kennedy, neighbor, stated that her husband did not see a blueprint of the request. She wondered why the tower would still need to be standing after the national crisis is over. Mr. Thoele, neighbor, stated that the height request is horrendous. He stated that he too is concerned with interference to televisions and radios. Commissioner Koll moved to recommend to the City Council that they deny the request for a height variance based upon City Zoning Ordinance No. 401, Section 5.5(1-4). Commissioner Duggan seconded the motion. Commissioner Tilsen recommended that the City consider amending the Zoning Ordinance to better address antennas. Planner Malloy stated that the City could consider placing a moratorium on towers until the language within the ordinance has been revised. January22, 1991 Page 7 HEARING: CASE NO. 91-02 - UNITED PROPERTIES - SOLVAY PHASE II - PUD AMENDMENT Mr. Dale Glowa, representing United Properties, was present to discuss their request for a PUD Amendment to allow Solvay Animal Health, Inc. to construct a 30,000 square foot pharmaceutical laboratory. He explained that the function of this building will be to provide space for analytical studies and making vaccinations. He stated that there is no risk to the environment. He stated that the product will be distributed worldwide with the primary focus of vaccinations for poultry and swine. Mr. Glowa stated that they expect about fifty people to be within the building. He explained that United Properties will work with the City to provide on site storm water detention. Mr. Glowa explained that the design of the building will be exactly like the first phase of Solvay. The material will be brick and that there will be extensive glass used. He explained that the parking lot will be lighted. Mr. Glowa explained that United Properties is currently negotiating with Solvay in possibly amending the plat to allow further expansion possibilities should Solvay decide to do so in the future. Chairperson Morson stated that United Properties has had an excellent track record with the City of Mendota Heights. Chairperson Morson opened the meeting to the public. There was no one present to discuss this issue. Commissioner Duggan moved to close the public hearing. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 ♦ January22, 1991 Page 8 Commissioner Duggan moved to recommend to the City Council that they approve an Amendment to the CUP for PUD to allow Phase II of Solvay Animal Health, Inc. according to the plans dated January 9, 1991 with the provision to allow for altering the lot size to provide for an additional 12,000 square foot future building expansion. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 CONTINUED HEARING CASE NO. 90-39: RICHARD A. PUTNAM AND ASSOCIATES MINOR COMPREHENSIVE PLAN AMENDMENT Chairperson Morson briefly explained that this particular case had been continued from the November, 1990 Planning Commission meeting. He further explained that Mr. Richard Putnam of R.A. Putnam and Associates informed the Planning Commission, by letter, that he would not be able to attend the Planning Commission meeting this evening and that he has requested that the Planning Commission proceed on with his request tonight. As directed by Chairperson Morson Planning, Consultant Tim Malloy gave a brief land use history relating to the property in which Mr. Putnam is requesting a Minor Comprehensive Plan Amendment. Planner Malloy stated his firm had provided the City with two concepts in 1985 for this parcel, one showing the corner as neighborhood business and the other showing it as HR -PUD. Planner Malloy stated that at that time, the Planning Commission had recommended neighborhood business but the City Council had decided on HR -PUD. Mr. Malloy stated his firm had recommended neighborhood business as an appropriate use for this site and that they still feel it is the appropriate land designation. Commissioner Tilsen stated that he has concerns for the residents who live across from the proposed center. Commissioner Duggan stated that he has several questions relating to the traffic study which was prepared by Anderson Engineering. He stated that if the City were to limit the development of this center too much, the City may have a development January 22, 1991 Page 9 that will end up unoccupied like the development similar to the Mendota Plaza. Commissioner Duggan stated that Mendota Heights is a bedroom community and that he felt the traffic study indicated very low numbers of traffic within the area. Planner Malloy stated that he had several questions with respect to the traffic study. Planner Malloy stated that he has questions regarding the City of Eagan Study relating to the traffic impact at 1-494 and Dodd Road, traffic relating to the Northwest Airlines development in Eagan and traffic impact to the neighborhood relating to Mendota Heights Road. Commissioner Duggan stated that he would like to see a center of some kind at this particular corner but that his main concern is relating. to the traffic. Commissioner Duggan stated that excessive conditions will cause the center to fail. Commissioner Dwyer expressed his concerns regarding the traffic impact this center may cause especially as the southern portion of Mendota Heights is developed. He further stated that the findings that PDQ needs outside traffic is contradictory with Mr. Putnam's original statement relating to the amount of traffic PDQ generates. He further expressed his concerns that this center may have a direct impact on the center at Dodd Road and Highway 110. Commissioner Koll questioned if the Planning Commission really has enough information relating to traffic. She questioned who would pay for intersection signage and what the alternatives would be should this request be denied. Planner Malloy stated that this strip of land would be best suited for commercial use and not residential use. Commissioner Duggan requested that staff provide him with the market study submitted for the Duffy proposal and Lexington Avenue and Highway 110. Chairperson Morson opened the meeting to the public. There was no one present to discuss this request. Commissioner Dwyer moved to close the public hearing. AYES: 7 NAYS: 0 January22, 1991 Page 10 Commissioner Dreelan seconded the motion. Commissioner Dreelan moved to recommend that the City Council deny the request for a minor comprehensive plan amendment based on the information received at this time. Commissioner Duggan seconded the motion. AYES: 4 NAYS: 3, KOLL, MORSON, TILSEN HEARING: CASE NO. 90-44: STRUB - SUBDIVISION Mr. John Curran, Centrum Coordinators, Inc., representing Mr. William Strub, Jr., was present to discuss Mr. Strub's request for a subdivision. Mr. Curran briefly explained that he is the developer of the building adjacent to 880 Sibley Memorial Highway. He explained that the City Council requested that the extra land needed by his company be replatted rather than using an easement process. Chairperson Morson stated that in order for the Planning Commission to make a recommendation to the City Council they need to have an accurate survey with a proper legal description. Commissioner Krebsbach moved to continue the hearing to February 26, 1991 at 7:45 o'clock P.M. to review an accurate survey and legal description for the requested subdivision. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 91-01: ST. PAUL TURNER'S GYMNASTIC ASSOCIATION - MINOR COMPREHENSIVE PLAN AMENDMENT AND REZONING Mr. Larry Page, Sirny Architects, was present to briefly describe St. Paul Turner's Gymnastic January 22, 1991 Page 11 Society's request for a Minor Comprehensive Plan Amendment and Rezoning in order to construct a gymnastics facility. He explained that there are two hardships related to this case. He stated that the County has given them limited access and that there will be a need for a shared driveway. He further explained the land is currently zoned as B - 1A which requires a minimum of five (5) acres per parcel of land. He stated that Turner's owns 2 1/2 acres of land and that is why they are requesting a rezoning of this land. Chairperson Morson stated that he is concerned with conflicting legal descriptions. He stated that he would like to see a new survey with the appropriate legal descriptions. In response to a question from Commissioner Dwyer, Mr. Cliff Eichinger, of Turner's Gymnastics, stated that they would like to start construction in mid spring. Commissioner Dreelan stated that she would be more comfortable having this area zoned as "B" instead of "I" since the land abuts residential (R-3) land. Commissioner Tilsen agreed with Commissioner Dreelan. Chairperson Morson opened the meeting to the public. There was no one present to discuss this issue. Commissioner Tilsen moved to recommend that the City Council grant a minor comprehensive; plan amendment. Commissioner Dwyer seconded the motion. AYES: 6 NAYS: 1, DUGGAN Commissioner Tilsen moved to continue the public hearing regarding the rezoning of the property to the February 26, 1991 at 8:00 o'clock P.M. Planning Commission meeting. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 VERBAL REVIEW ADJOURN January22, 1991 Page 12 Public Works Director Jim Danielson provided a verbal review for the planning items at the previous City Council meeting. There being no further business, the Planning Commission adjourned its meeting at 11:00 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary • CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION COMMISSION MINUTES FEBRUARY 12, 1991 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, February 12, 1991 in the City Hall Conference Room, 1101 Victoria Curve. Chair John Huber called the meeting to order at 7:03 o'clock p.m. The following members were present: Huber, Spicer, Lundeen, Hunter and Katz. Kleinglass and Damberg were excused. Staff members present were Parks Leadperson Terry Blum, Parks Worker Mike Mackzo, Parks Project Manager Guy Kullander and Administrative Assistant Kevin Batchelder. Guests present were Mike Dorsey, Earl Anderson Co., Inc., Keith Sjoquist, Station 19 Architects, and Jim Kilburg, resident. APPROVAL OF MINUTES AYES: 4 NAYS: 0 Commissioner Lundeen moved approval of the. January 8, 1991 Parks and Recreation Commission minutes. Commissioner Hunter seconded the motion. ELECTION OF OFFICERS Chair John Huber turned the meeting over to Administrative Assistant Kevin Batchelder for conducting the elections of officers. Batchelder stated that every February the Commission elects officers for the year and that these offices consist of Chair, Vice -Chair and Secretary. Batchelder stated that the Secretary does not have to be a Commission member. Batchelder called for nominations. Commissioner Spicer nominated John Huber for the position of Chair of the Parks and Recreation Commission for 1991. Commissioner Hunter seconded the motion. AYES: 4 NAYS: 0 Commissioner Huber nominated Vicki Katz for the position of Vice -Chair of the Parks and Recreation Commission for 1991. Commissioner Lundeen seconded the motion. AYES: 4 NAYS: 0 AYES: NAYS: SPECIAL PARKS FUND Commissioner Spicer nominated Kevin Batchelder for the position of Secretary of the Parks and Recreation Commission for 1991. Commissioner Hunter seconded the motion. Batchelder reported on the status of the Special Parks Fund, as requested at the January meeting. Batchelder stated that the beginning 1990 fund balance for the Parks Special Fund was $327,776 on January 1, 1990. Batchelder stated that revenues for the year amounted to $41,800 and expenditures totaled $4,268 for an estimated year end balance of $365,308 on December 31, 1990. Batchelder explained that the revenues of $41,800 consisted of park dedication fees of $19,800 and estimated interest of $22,000. He explained that expenditures included administrative time for the Treasurer and Accountant, Engineering time, construction of the hockey fences and postage. Batchelder stated that this fund is invested in the same manner as all other City funds and receives a blended rate of return that is a result of all City fund investments. The 1990 park dedications were received from Big Wheel/Rossi, Patrick subdivision and Gesell subdivision. Chair John Huber stated that the Parks and Recreation Commission historically has been reluctant to spend this money. Commissioner Hunter stated that he was not against spending dedicated funds on needed improvements but would not want to see the fund spent down to zero. Huber stated that this fund is dependent on park dedication fees from subdivisions and that the City was 85% developed and would not be receiving many dedication fees in the long term. Huber stated that in the future the City would have to reconsider methods of funding if park dedications quit and the money is expended. SIBLEY PARR PLAY EQUIPMENT Chair John Huber stated that Council had expressed a concern with a Parks and Recreation Commission recommendation regarding the Sibley Play Equipment. Huber explained that the Commission had deferred any action on the construction of play equipment at Sibley Park, as provided for in the referendum. Huber stated that Dean Verdoes, Athletic Director of Sibley,, and other individuals had expressed a concern that the play equipment did not mix well at a high school. Huber stated that the Commission had also been concerned that there has not been a demand from local residents to provide play equipment in this area of town and that the site is not easily accessible to neighborhood children. Commissioner Spicer asked when Sibley Park would come on line. Parks Project Manager Guy Kullander stated that it would be mid to late summer. Spicer stated that this would be after the Mend -Eagan season and that it was reasonable to defer this part of the project until it could be seen how the Sibley Park was coming along. Spicer stated that school officials had indicated to him that the play equipment is inappropriate and would be an inviting target for misuse and vandalism. Commissioner Hunter inquired if there was an area nearby that could serve this part of town where the play equipment could be built instead. Kullander stated that there was none that the City currently owned, however land might be developed north of Marie that could involve park dedications, or land could be purchased from the Dodd Road highway R.O.W. turnbacks in the North East corner of Dodd and\Hwy. 110. Commissioner Spicer stated that he felt Mendakota Park would be the place for adults, with families, to play softball and that Sibley no longer has the demand for play equipment now that Mendakota Park is the premier softball site. He stated Sibley would be more youth oriented field use. Spicer stated that should it be determined that Sibley needs the play equipment it could always be built in the future, that the site accommodates it and the money has been set aside. Commissioner Lundeen inquired about the number of houses in the area and if there were a lot of children in the area. Kullander stated there were 18 houses within a quarter mile. Spicer stated his opinion would be different if Sibley was the only site we had, but now that Mendakota was being developed it might not be necessary to put play equipment at Sibley. Chair John Huber stated that the kids will be at Sibley whether it is youth or adult oriented. Chair John Huber stated that he senses the Commission wishes to stick with their original recommendation. He stated this recommendation was to defer the play equipment project because the Sibley Park was not on line yet, and wouldn't be until the Mend -Eagan season was over, that Mendakota would be a primary site, that a need for AYES: 4 NAYS: 0 MENDAKOTA PARK the equipment should established, that the School District was averse to it, and that the density and accessibility to neighborhood children was not great. He stated that by deferring it for one year, until Sibley Park was established, was not saying no to the project. Commissioner Spicer moved to recommend that the Sibley Park play equipment be deferred until the park is established and the need can be better understood. Commissioner Lundeen seconded the motion. Commissioner Katz arrived at 7:35 o'clock p.m. Parks Project Manager Guy Kullander outlined the final plans and specifications for Mendakota Community Park that City Council had approved for bidding at their February 5, 1991 meeting. He described the changes that had occurred since the Parks Commission had reviewed the preliminary plans. He stated the changes were the observation deck on the comfort station, the combining of the picnic shelter/band shell, the addition of an entrance kiosk, the addition of lighting in the parking lot and the area adjacent to the pavilion, the internal loop walking trail, the enlarged community size handicap accessible play structure and an enlarged parking lot. Kullander described the hub area of the softball fields and the landscape plan. Kullander described the estimated development costs that had been presented to City Council as: Construct Fields, Etc. $480,000 Utilities: $30,000 divided by 2 Sewer and Watermain $ 15,000 Play Structures $ 70,000 Buildings: Comfort Station $ 75,000 Picnic/Shell $ 25,000 Entrance Kiosk $ 5,000 Bleachers $ 20,000 Consultant and Architect Fees $ 40,000 Staff and Overhead $ 70,000 Est. Total $800,000 Kullander requested that the Commission consider the amount for the play equipment and consider what type of equipment they desire, how much and at what cost. Kullander stated that when this was determined he would draft specifications and that the City would go out for competitive bids. Kullander described the handicapped accessible element envisioned for this park. Kullander stated that he feels the estimate might be high for bleachers. If the City provides the type of bleachers similar to the Civic Center ballfield, Kullander stated that eight similar bleachers would cost approximately $6,000. The Commission concurred that this was the appropriate type of bleachers to provide. Kullander equipment equipment Kullander Co., Inc installed stated that the plan shows one main play area for the handicapped accessible play and one area for neighborhood tykes. introduced Mike Dorsey, of Earl Anderson whose firm supplied the play equipment in seven city parks last summer.. Mr. Dorsey explained how the area designated for play equipment by Barton-Aschman's plans could be used to accommodate handicapped accessible play equipment and able bodied play equipment. Mr. Dorsey stressed that the handicapped accessible equipment could be used by all children, that they don't distinguish or even notice they are using handicapped equipment. Mr. Dorsey stated anyone interested in seeing the type of equipment he was describing could visit Veterans Memorial Park at 64th and Portland Ave. in Richfield. The Commission discussed the various pieces of play equipment. The Commission considered the feasibility of having two separate sites for play equipment in the same park. After a lengthy discussion, the Commission concurred that only one main'area should be provided for play equipment and it should be full service for all ages and abilities. The Commission felt that dollars could be saved by compressing it into one main area, and that this would provide a nicer main facility. The Commission discussed the estimated cost of $70,000 for play equipment. Commissioner Katz noted this amount was significantly higher than other parks. Commissioner Lundeen stated that if the two play equipment areas are combined and if Mendakota was the premier city park •site that $70,000 would provide an excellent play structure for the whole City. Kullander stated that this amount was reviewed by City Council when they approved the final plans and specifications for the AYES: NAYS: MENDAKOTA STATION park. Kullander explained the competitive bid process. Commissioner Lundeen moved to recommend that $70,000 be allocated for the Mendakota Community Park play equipment structure, in one combined site. Commissioner Hunter seconded the motion. 4 0 COMFORT Mr. Keith Sjoquist, of Station 19 Architects, appeared to present the schematic designs for the three buildings in Mendakota Community Park - the comfort station, the picnic shelter/pavilion and the kiosk. Mr. Sjoquist showed the floor plan and exterior material drawings. He stated that all the buildings are of similar materials and roof lines. He stated they were designed to match City Hall with cedar shakes and white cedar fascia and soffits. The masonry would be a terra cotta colored rock faced block. He stated the colored masonry would add about $1,000 to the whole project versus the cost of painting and maintaining non - colored block. He stated the railings on the observation deck would be metal. Mr. Sjoquist gave a preliminary estimate of $110,000 for all three buildings. He stated that he would structure the bidding for alternates on the shingles, the soffits, and the trusses. He stated one of the biggest cost items was the wood shingles, which are approximately three times the cost of asphalt shingles. Mr. Sjoquist stated that he would like to keep the pitches of all the roofs the same as a uniform appearance would be more aesthetic. He stated he felt that the picnic shelter would be too squat with 4:12 pitch roof similar to the City Hall building, and therefore he is proposing all the buildings to have 8:12 pitch. Commissioner Lundeen stated that he felt the lower pitch would not fit the shape of the comfort station and stated that the City Hall is a much longer and wider building and therefore the 4:12 pitch roof was the only option. Mr. Sjoquist discussed the internal layout of the comfort station. Mr. Sjoquist explained the colors as white for soffit and fascia, terra cotta for the masonry and darker grey for the horizontal railings and doors. Kullander explained that there would be 1 AYES: NAYS: 5 0 MENDAKOTA PARK a telephone line for a pay phone and one line for future use should this comfort station ever be leased, or a private line needed. The Commission discussed the railings, the grading of the picnic shelter, the cost of the shingles and the bathroom fixtures. It was suggested that asphalt shingle could be bid as a deduct. Kullander stated that if the Commission felt comfortable with the schematics, then the building plans would proceed with the intention of having working drawings and specifications by the end of the month, at which time he would seek bidders. Commissioner Hunter moved to recommend that all three buildings have the same 8:12 pitch to the roof, and that the architect should proceed to complete the final plans and specifications based upon the presented schematics which are acceptable. Commissioner Lundeen seconded the motion. UPDATE Guy Kullander stated that staff had begun calling the park "Mendakota Community Park". He stated that last year the Commission had named the park "Mendakota Park", but now that the scope of the park had changed and the community focus had been emphasized by the Commission and Council that this seemed an appropriate name for the park. The Commission discussed possible names and decided there was no preference now and that this should be revisited. Kullander described the two alternatives for light standards in the parking lot and picnic area. He described them as 13' high, with one alternative being a round globe and the other a shoe box design similar to parking lot lights used at City Hall. After discussion the Commission felt the round globe light was appropriate on a 2-1-1 vote. Kullander stated that a water line to the picnic shelter for a drinking fountain would cost $5,000. The Commission felt this was not a priority and should be a bid alternate. VERBAL UPDATES Batchelder stated that the recent state budget decisions had affected the City to the tune of $44,000 in cuts for the first half of 1991 and that the Recreation Contingency line item is being • examined for any excess or unused funding. Batchelder stated that the proposal was to take out $2,500 from this item and the remaining amount would allow us to pay for After School Program, T - Ball, Mens Softball and the Trail Map, but that would use up the fund for the fiscal year 1991. Commissioner Lundeen directed a maintenance request to Terry Blum on pruning around trails. Chair Huber questioned Blum on when rink use ends and why the hockey nets were removed early this year. Blum responed the weather had forced the closing of the ice rinks for the year. Chair Huber stated he had received a complaint from a group that wanted to use the ice rink for broom ball which doesn't need perfect ice. ADJOURN There being no further business, the Commission adjourned at 9:10 o'clock p.m. Respectfully submitted, Kevil latchelder Administrative Assistant CITY OF MENDOTA HEIGHTS MEMO February 15, 1991 To: Mayor, City Council and City Admini From: Kevin Batchelder, Administrative Assista Subject: New Recyclable Materials for Recycling Program INTRODUCTION The purpose of this memo is to explain the Resolution No. 91- , A RESOLUTION ESTABLISING TARGETED RECYCLABLES FOR 1991. DISCUSSION Dakota County has mandated that the Community Recycling Programs add plastic containers and corrugated cardboard to the list of required materials that haulers must collect in both the Curbside and Multi -Family recycling programs. The date for compliance is March 1, 1991. The mandate is not unexpected and should help the City continue to meet the increasing goals for Solid Waste Abatement that are a part of our recycling funding from the County. The City's Rubbish Hauling Ordinance, Section 2.7 states: 2.7 "TARGETED RECYCLABLES" means metal beverage containers, glass, newsprint, or other materials as may be defined by Council resolution. The Rubbish Hauling Ordinance requires that all licensed haulers must collect targeted recyclables, at a minimum. RECOMMENDATION I recommend that City Council adopt Resolution No. 91- , A RESOLUTION ESTABLISHING TARGETED RECYCLABLES FOR 1991, in order that we may establish the minimum required materials to be collected for recycling by all the licensed haulers. ACTION REQUIRED If City Council desires to implement the recommendation, they should pass a motion adopting Resolution No. 91- , A RESOLUTION ESTABLISHING TARGETED RECYCLABLES FOR 1991. Note: A brochure has been prepared for City wide distribution explaining the new materials to be collected and the proper methods of preparing plastics and cardboard for collection. CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION ESTABLISHING TARGETED RECYCLABLES FOR 1991 WHEREAS, Dakota County and the City of Mendota Heights have entered a Joint Powers Agreement to accomplish landfill abatement programs through recycling; and WHEREAS, on February 21, 1989 the City Council approved the Rubbish Hauling Ordinance and the new recycling provisions requiring all licensed haulers to provide recycling services and collect targeted recyclables, at a minimum; and WHEREAS, the City of Mendota Heights implemented a curbside and multi -family recycling program beginning March 27, 1989; and WHEREAS, the Dakota County Board of Commissioners has required each community program to add plastic containers with a neck and corrugated cardboard as additional recycling materials to be collected beginning March 1, 1991; and NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE City Council of the City of Mendota Heights, that the following be adopted as the Targeted Recyclables, to be collected, at a minimum, by licensed haulers in the City of Mendota Heights, henceforth, beginning March 1, 1991: Aluminum and steel beverage cans, Bi -metal cans ("tin cans"), glass bottles and jars, newspapers, plastic bottles with a neck, and corrugated cardboard. Adopted by the City Council of the City of Mendota Heights this Nineteenth day of February, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO February 13, 199 To: Mayor, City Council and City Adminis From: Kevin Batchelder, Administrative Assis Subject: Mendakota Community Park Progress DISCUSSION The purpose of this memo is to keep Council up to date, and seek their approval, on the progress of the plans and details of Mendakota Community Park as it proceeds. At the last City. Council meeting on February 5th, Parks Project Manager Guy Kullander presented the final plans and specifications for the park and discussed estimated costs. Since that time the Parks and Recreation Commission has acted on two detail items, the schematic designs of the park buildings (the comfort station, the pavilion and the kiosk) and the play equipment. (Please see February 12, 1991 Parks minutes in your packet for the discussion of these two items.) 1. Play Equipment When City Council approved the final plans and specifications for the construction of Mendakota Community Park, Guy presented cost estimates of the overall project, including the play equipment that would be placed in the two areas set aside in the design that was approved. The figure for the play equipment was presented as $70,000. Mendakota Community Park has been targeted for a community sized play structure and was envisioned to incorporate handicapped accessible play equipment. The final plans that Council approved provided for one main area to encompass the community sized, handicapped accessible play structure and one area further to the west for a smaller, toddler type neighborhood scale play structure. Recommendation After much discussion, the Parks and Recreation Commission recommended that the two areas be combined into one site at a total of $70,000 for a community sized, handicapped accessible play structure that would serve all ages and abilities. 2. Park Buildings Station 19 Architect, Mr. Keith Sjoquist, presented colored schematics to the Parks and Recreation Commission for the three planned buildings in Mendakota Community Park. The Commission discussed the roof line pitch and preferred the 8:12 pitch for all three buildings. The color scheme is proposed to match City Hall with terra cotta rock faced block, cedar shake shingles, white soffits and fascia, with darker grey for the doors and horizontal trim. The colored renderings will be available for view at the City Council meeting, or here at City Hall should a Councilmember wish to view the schematics prior to the meeting. Recommendation The Parks and Recreation Commission recommended that the Station 19 Architects be directed to proceed with the completion of plans and specifications for the park buildings, based upon the presented schematics which were acceptable. ACTION REOUIRED Should City Council wish to implement the two recommendations of the Parks and Recreation Commission, they should pass a motion approving the combined play structure site and authorizing the Station 19 Architects to proceed with final plans and specifications for the park buildings. CITY OF MENDOTA HEIGHTS MEMO February 15, 1991 TO: Mayor, City Council, City Administrator FROM: Kathleen M. Swanson City Clerk SUBJECT: Facsimile Machine Purchase INTRODUCTION On January 15th, Council authorized the purchase of a plain paper, laser facsimile machine for joint use by the Administration/Engineering/Code Enforcement and Utility Departments. We had asked for authority to expend a maximum of the budgeted allocation of $2,500. Unfortunately we slightly underestimated government pricing, and ask that Council authorize an increased expenditure. INFORMATION We have received quotes on six machines which meet our required specifications. Those quotes are as follow: Company Model List Price Quote Monroe Systems Coordinated Bsns. IOS Cannon AAA Lanier AAA Monroe (MX -3090) Mita LDC 550 Canon L-770 Toshiba TF561 Lanier FX4000 Fujitsu Dex 730 $3,695 $2,595 $3,695 $2,695 $4,995 $2,833 $4,995 $3,195 $4,995 $3,696 $4,895 $4,250 The Monroe, Mita, Canon and Lanier were each tested for two days at City Hall so that comparisons of speed, quality and features could be made. Four members of the staff were appointed to test each of the machines and make an evaluation. I met with the evaluation team this morning to receive their oral evaluations and recommendations. Each of them recommended the Canon as having the best quality, the most and best features and the best ease of use. While the IOS quote is not the lowest, the machine has more standard memory, and standard paper capacity than the other machines. It is the only one that provides two paper trays, standard and legal size, and the only one with the capability of selecting the appropriate paper size for incoming documents. Additionally, it is much faster. If the copier is being used for a long run, the facsimile can do double -duty as a quick and good quality copier. The Canon provides a port option which would enable us to use the machine as a printer on the computer network if it were needed. Council may recall that the copier purchased a year ago is also a Canon and was purchased from IOS. The copier has been incredibly reliable and service has been exceptional. Both of the Hewlett Packard laser printers in use at City Hall have laser engines identical to the one in the L-770 facsimile. We have had no problems with the printers after years of use. RECOMMENDATION I recommend without hesitation that Council authorize the purchase of the Canon L-770 facsimile. The quality of existing Canon/Hewlett Packard equipment at City Hall has been exceptional, and IOS has provided outstanding service. The difference in price between the Canon and the lowest quote is $233. It is very difficult to compare "apples to apples" when comparing the two machines, because standard features on the two machines are quite different, however, the Canon provides much more value for the money. As stated earlier in the memo, $2,500 is budgeted in Administration for the fax. Since the machine will be used by engineering on a level probably equal to Administration, it is recommended that the additional $233 be supported by the Engineering Enterprise Fund. ACTION REQUIRED If Council concurs in the recommendation, it should authorize the issuance of a purchase order to IOS Canon in the amount of $2,833, $2,500 to be charged against the Administration budget and $233 to be charged against the Engineering Enterprise Fund. CITY OF MENDOTA HEIGHTS MEMO February 15, 1991 TO: Mayor, City Council and City Admini6-Kg. FROM: Klayton H. Eckles Civil Engineer SUBJECT: Sanitary Sewers and Water Furlong Addition Job No. 8616 Improvement No. 86, Project No. 4 DISCUSSION: The plans and specifications for the improvements to serve the Furlong Addition and adjacent areas are now completed. Attached is a copy of the title sheet of the construction draw- ings. Specification and a complete set of construction drawings will be available Tuesday evening. RECOMMENDATION: Staff recommends that the plans and specifications be ap- proved as submitted. ACTION REQUIRED: If Council desires to implement the staff recommendation they should pass a motion adopting Resolution No. 91- , RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZ- ING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE FURLONG ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4) KHE:dfw Attachment City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE FURLONG ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4) WHEREAS, the City Engineer reported that the proposed improvements and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the City Council has heretofore directed that the City Engi- neer proceed with the preparation of plans and specifications thereof; and WHEREAS, the City Engineer has prepared plans and specifications for said improvements and has presented such plans and specifications to the City Council for approval. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the plans and specifications for said improvements be and they are hereby in all respects approved. 2. That the City Clerk with the aid and assistance of the City Engineer be and is hereby authorized and directed to adver- tise for bids for said improvements all in accordance with the applicable Minnesota Statutes, such bids to be received at the City Hall of the City of Mendota Heights by 10:00 o'clock A.M., March 26, 1991, at which time they will be publicly opened in the City Council Chambers of the City Hall by the City Engineer will then be tabulated, and will then be considered by the City Council at its next regular Council meeting. Adopted by the City Council of the City of Mendota Heights this 19th day of February 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS MEMO February 15, 1991 TO: Mayor, City Council and City Adm FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Tax Increment District Property Purchase HISTORY At the February 5th Council meeting, Mr. Schouveller presented an appraisal of his Roger's Road property which is targeted for purchase by the Tax Increment District. There were some discrepancies between the City appraisal and Mt. Schouveller's and it was suggested that rather than try to negotiate a price at the meeting that Mr. Schouveller come back with a figure that he would accept for the home and vacant property. Attached is a letter from Mr. Schouveller indicating what he believes would be a fair price. The home site is offered at $66,000 which is very much in line with the City valuation of $64,000 which was made in 1988. Mr. Schouveller's appraisal had valued the home lot at $1.91 per square foot. Mr. Schouveller has valued his vacant property at $1.90 per foot, which is the same as the home site and value, and comparable with the recent sale of the property across the street to Batesville Casket Company. The Batesville site has the advantage of utilities in Mendota Heights Road, however it also presented grading problems for development which should not exist on Mr. Schouveller's property. I feel that Mr. Schouveller's offer is reasonable and consistent with the values established in the area and offers the City another priece of property in the Roger's Road area which was targeted in the Tax Increment District plan for purchase and redevelopment. He has also agreed to set the land area at 35,948' which was a point of difference between the two appraisals. ACTION Determine whether to accept offer of purchase and enter Purchase Agreement with Mr. Schouveller. LES:kkb February 14, 1991 2458 Highway 55 Mendota Heights, MN 55120 Mayor Charles E. Mertensotto City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mayor Mertensotto: At your February 5th Council meeting, you considered the purchase of my property on Roger's Road, including my home and vacant land. At that time, I presented an appraisal made by Metzen Appraisals which showed a total value of my property of $66,000 for my home and $105,528 for the vacant land. This compared to the City appraisal, made in 1988, of $64,000 for the home and $40,000 for the vacant land. The major difference in the two appraisals was on the value of the vacant land. Metzen showed the land value at about $2.78 per foot which compared with the prices of land sold in the United Properties Industrial Park. The value of my land on which my house is on was valued at $1.91 per foot on the appraisal. Since the time of my appraisal, the site across the street with identical zoning was sold at the $1.90 range to Batesville Casket Company. land home I would propose that the City purchase my property as follows: Home and Lot Vacant Land 35,948' @ $1.90 Cost of Appraisal Total Offer Price $ 66,000 $ 68,300 $ 500 $134,800 My Appraiser had indicated an area of 37,955' for the while the City appraisal showed the 35,948'. vacant If my offer is accepted, I would like the option to occupy the for up to six months. Very truly yours, Jerome Schouveller CITY OF MENDOTA HEIGHTS MEMO - February 15, 1991 To: Mayor, City Council and City Administrator From: Kevin Batchelder, Administrative Assista Subject: Annual Recycling Report for 1990 * For Information Only * INTRODUCTION On January 30, 1991 our Annual Recycling Report was submitted to Dakota County. This report described our recycling activities for 1990, the amount of abatement in tons, and our expenditures for recycling. The County reviews the report for a final evaluation of our 1990 Recycling Activities and applies their Performance Based Funding Formula. (See attached Performance Based Funding Formula.) This memo is a summary of the Annual Report, which is not attached due to its length. Should you desire a copy of the full Annual Report, please contact me and it will be provided. DISCUSSION One of the goals of the 1990 Solid Waste Abatement activities was the implementation of multi -family recycling. By September all of the multi -family complexes in Mendota Heights were recycling. We were the first community to achieve 100% multi -family recycling in the County, in part due to the low number of complexes in Mendota Heights. This includes Lexington Heights Apartments, Ridge South Condominiums, Eagle Point Condominiums and Somerset 19 Condominiums. Multi -family housing that has individual curbside collection is handled as part of the Residential Curbside program. A second goal of the 1990 program was the conducting of a promotional program as outlined in our 1990 application. In 1990, two brochures were mailed to our residents, as required. This included a brochure announcing "tin cans" in March and the Recycling Directory mailed in November. In addition, a page of the Heights Highlites was devoted to recycling in each edition. Classroom visits (six required) were conducted. Also, the City participated in "Recycling in Northern Dakota County" which airs every week on Channel 18 and in the "Ecoloise" articles printed in the Sun -Current and the Southwest Review. Finally, in 1990 the goal for Mendota Heights was 12% abatement of residential solid waste, with only one third of this amount allowed to be yard waste. This amounted to 534 tons of recycling in 1990. The following chart outlines how we achieved L our goal and provides a breakdown of the individual components of the recycling program: CURBSIDE PROGRAM (in tons) Hauler Glass Cans Newspaper other Total Mendota Hts. Rubbish 108.54 18.87 330.32 1.95 459.71 BFI/Woodlake 10.02 2.59 40.25 52.86 Roadway Rubbish 2.86 .92 11.27 15.05 AA Rubbish .50 .16 1.97 2.63 Triangle 6.81 4.23 17.50 .41 28.95 Knutson Rubbish 13.06 2.23 28.08 .15 43.52 Oehrlein San. 1.94 .07 3.35 5.36 Kruppenny no report submitted Totals 143.73 29.07 432.74 2.51 608.08 YARDWASTE Source Tons Dakota County Facility 156.57 Triangle Services 4.45 BFI/Pine Bend Compost Site 40.45 Total 201.47 201.47 DROPOFF Source Glass Cans Newspapers Other* Total Goodwill 9.55 1.51 60.19 43.06 114.3 * Other consists of household items, cardboard and plastic Total 1990 Abatement* (in tons) 923.85 Total 1990 Goal (in tons) 534 * Does not include appliances, batteries, oil and tires. • Our abatement of solid waste is significantly above the goal of 12% established for 1990 recycling. In 1991 the goal is 14% abatement and will be based on a higher population projection. In 1991 the City of Mendota Heights will be adding plastic bottles with a neck and corrugated cardboard to the list of materials that haulers are required to collect for recycling. Also, in 1991, we will be providing each hauler with the option of delivering bins to all customers who have not yet signed up with the City's voluntary program. This will bring us close to 100% participation in Mendota Heights and will require the purchase of another 1,000 bins (for which we have budgeted in 1991). I have attached an Expenditures Report that was part of the Annual Report submitted to the County. It outlines the expenditures and revenues of the Recycling Program in 1990. The City's portion of the revenues is that amount of the Administrative Assistant's salary above the $3,888 that the County provided for Administration. Residential Operations and Capital Costs are funded 100% if the goals are met. ACTION REOUIRED There is no action required. This item is for Council information only. ATTACHMENT 5 PERFORMANCE BASED FUNDING FORMULAS - 1990 ONLY These formulas will be used to make a final evaluation of a community's performance in 1990. The results will be used to adjust the first quarter payments for 1991. Formula 1 Applies to the following communities: Apple Valley Burnsville Eagan Farmington Hastings Inver Grove Heights Lakeville • Mendota Heights Rosemount So. St. Paul West St. Paul o Expansion of residential program to multi -family households as outlined in application and approved by the County. o Met a 12% residential abatement goal (4.58 points per 1% of waste abated). Only 1/3 of tonnage used to calculate may be yardwaste• o Conducted promotional program as outlined in •application and approved by the County Formula 2 Applies to the following communities: Coates Lilydale Miesville Randolph Vermillion Douglas Township Eureka Township Hampton Township Nininger Township Ravenna Township Vermillion Township 5-1 Hampton Mendota New Trier Sunfish Lake Castle Rock Township Empire Township Greenvale Township Marshan Township Randolph Township Sciota Township Waterford Township 30 pts. 55 pts. 15*pts: o Met 12% residential abatement goal (6.25 pts per 1% of waste abated) only 1/3 of tonnage used to calculate may be yardwaste 75 pts. o Conducted promotional programs as outlined in application and approved by the County. 25 pts. Adjustments to community payments will be based upon the following Performance -Based Funding Schedule: 50 pts. = 50% of net eligible costs reimbursed 51-75 pts = 75% of net eligible costs reimbursed 76-90 pts = 90% of net eligible costs reimbursed 91-100 pts = 100% of net eligible costs reimbursed Net eligible costs means project costs after deducting: - Other grants received for the project from government units general - Revenues from the sale of recyclable materials and/or compost. a-t-abate2 5-2 or DAKOTA COUNTY Final 1990 Residential Goals Population Tons Apple Valley 34,275 1952 Burnsville 51,093 2909 Eagan 47,291 2693 Farmington 5,919 337 Hastings 15,336 873 Inver Grove Heights 22,454 1278 Lakeville 24,814 1413 Lilydale 492 28' Mendota 117 7 Mendota Heights 9,385 534 Rosemount 8,578 488 South St. Paul 20,168 1148 Sunfish Lake Not Yet Available West St. Paul 19,134 1089 Rural SW Commission 14,356 566 The 1990 Goal is 12% of the Residential Waste Stream; only one-third of the tonnage used to calculate this goal will be yard waste. The numbers are based on preliminary 1990 census count and generation of 2.6 lb./person/day except for the Rural SW Commission at 1.8 lb./person/day. EXPENDITURES REPORT FOR MENDOTA'HEIGHTS RECYCLING ACTIVITIES JANUARY 1, 1990 THROUGH DECEMBER 31, 1990 Administrative Costs A. Salaries - Administrative Assistant $ 8,145 Total: $ 8,145 II. Capital Costs A. Recycling Bins (1,000 at $4.30/unit) $ 4,300 B. Shipping of Bins $ 850 Total: $ 5,150 III. Residential Operations and Maintenance A. Contracted Services - Goodwill (114.3 tons x $20) $ 2,290 B. Miscellaneous Contracted Services $ 935 C. Rubbish Hauler Subsidies $28,646 D. Newsletter Inserts $ 123 E. Printing and Postage-- Brochures - Directory $ 2,045 F. Mileage $ 58 Total: $34,097 IV. Commercial/Industrial Activities A. Desktop Containers $ 522 B. Brochure (Printing and Postage) $ 1,000 Total: $ 1,522 V. Other Programs A. City Office Paper and Newspaper Program $ no charge B. Labor - Maintenance Personnel $ no charge Total: $ 0 TOTAL: $48,914 VI. Program Revenue A. Community Share $ 4,257 B. County Share $44,657 TOTAL: irq CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Tom Lawell, City Adminis SUBJECT: Kodet Architectural Payment Request February 15, 1991 INTRODUCTION Last summer the City retained the Architectural firm of Kodet Architectural Group, Inc. (KAGL) to design a comfort station building for Sibley Park. A dispute regarding architectural fees for this project has been ongoing, and it is the intent of this memo to hopefully conclude this matter. DISCUSSION As you may recall, KAGL was retained to design a comfort station building not to exceed $50,000 in cost. Over the course of two separate bid openings, KAGL was unable to fulfill its obligation under the Agreement as the City received low bids of $68,000 and $58,860. In the process of preparing the original plans and specifications, and subsequently revising the plans and specifications for the second bidding, a number of "bid alternates" were included to help insure that the project would come in under the $50,000 cap. KAGL has requested an additional payment for the prepared plan alternates of $3,330 and staff has consistently denied such payment. Under a general architectural agreement for services, an architect would be entitled to compensation for prepared plan alternates. However, given the fixed cost nature of our Agreement with KAGL, staff is of the opinion that no additional compensation is due beyond our agreed upon amount of $5,000 plus expenses. Total expenses on the project amount to $1,257.57, thus staff believes KAGL is entitled to a total payment of $6,257.57 for their work on this project. To date the City has paid $5,135.43 of this amount, leaving a balance of $1,122.14. RECOMMENDATION 1 recommend that the attached letter be sent to Mr. Edward Kodet outlining the City's decision on his request for payment, accompanied by a final payment to KAGL in the amount of $1,122.14. ACTION REQUIRED Should Council concur with the above recommendation, a motion should be made to forward the prepared letter and final payment to KAGL. MTL:kkb City of Mendota Heights February 12, 1991 Mr. Edward J. Kodet, Jr. Kodet Architectural Group, Ltd. 15 Groveland Terrace Minneapolis, MN 55403 Dear Mr. Kodet: As we recently discussed, it appears as if it is now in our best interest to finalize payment to Kodet Architectural Group, Ltd. (KAGL) for your work completed on the Sibley Comfort Station. Our billing dispute regarding this project began in September 1990, and now that the project is substantially complete, we are in a position to finalize the billing on this project. As per your recent letter, you have requested payment for the following items: 1. Basic Service $5,000.00 2. Alternate Preparation Fee 3,330.00 3. Expenses 1,257.57 Total $9,587.57 ,, In accordance with our Agreement, we have .no problem compensating you for•the basic service and expense portionof the invoice. However, we strongly take exception to providing additional compensation for "alternate preparation" fees due to the fixed limit nature of our Agreement. It. is the intent of the balance of this letter to elaborate on this decision and provide final payment for your services rendered. As you are aware, on April 17, 1990 the Mendota Heights City Council authorized the execution of an Agreement for architectural services with KABL for the design of the Comfort Station at Sibley Park. At that meeting, the City Council specifically discussed and eventually added Article 12.2 to the Agreement which states that "the Architect shall design a park shelter building not to exceed a construction cost of $50,000." (emphasis added). This" modification was accepted by KAGL and a signed Agreement is on file in our office. Certainly no one can question the intent of the City Council to make perfectly clear the necessity and requirement of a project which could be constructed within the available $50,000 budget. For purposes of the Agreement, the stipulation for a fixed limit construction cost is discussed in Article 5.2. Article 5.2.2 elaborates on the Architect's abilities and responsibilities under a fixed limit construction contract. 1101 Victoria Curve • Mendota Heights, MN • 55118 452.1850 Mr. Edward J. Kodet, Jr. February 12, 1991 Page 2 therein the Architect is permitted various means of controlling project costs consistent with the fixed limit contract including but not limited to the following: 1. Ability to include design and bidding contingencies, and 2. Ability to determine materials, equipment and construction type, and 3. Ability to make reasonable adjustments in the scope of the project, and 4. Ability to include alternate bids to adjust the construction cost to the fixed limit. These described means are intended to provide the Architect with appropriate controls over the final project cost and, as the very essence of the work to be performed, in no way entitles the Architect to additional compensation should they be employed. Deciding how and when to utilize these means and the overall responsibility for compliance with a fixed limit contract is clearly in the hands of the Architect. Subsequent to executing the Agreement, plan preparation for the Sibley Comfort Station began and bids for the project were opened on July 13, 1990. The low bidder for the project was Langer Construction at a base bid of $68,000 or 36 percent over our agreed upon project budget. Given Given the failure of the bids ' to meet =- the '-' fixed limit of 'the 'contract, the eCity =rejected . all' bids :received ` < and elected to cooperate in revising the project to reduce -the - construction cost under Article 5.2.4.4 As further clarified in :- Article 5.2.5, all modifications to the construction 'documents necessary to comply with the fixed limit are -"without additional charge" to the City. Based on revised plans, additional bids were solicited and - opened on August 17, 1990 resulting in a base low bid of $58,860 from Norcon Construction Company. Once again faced with a bid substantially (18 percent) higher than our agreed upon project budget, the City rejected all bids received and left with no alternative, decided to act as our own general contractor on the project in an effort to construct our required $50,000 Comfort Station. Clearly the fixed limit nature of our Agreement is the 'overriding concern in this matter. The failure of KABL to perform in accordance with the Agreement certainly is disappointing to the City, but it is outside the scope of our present conversation. It should be made clear that KAGL's inability to live up to the terms•' of the Agreement is not the .'reason the payment of fees for--; "alternate preparation" is being•- denied.' .Rather, the Agreement='' clearly sets forth the project to be accomplished,' gives the- Architect authority to dictate the direction of the project and.... Mr. Edward J. Kodet February 12, 1991 Page 3 provides for a lump sum payment of $5,000 for a $50,000 building. Based on the above, the City has processed final payment on this project according to the following: Total Previously Balance Due Paid Due Basic Service $5,000.00 $4,500.00 $ 500.00 Expenses 1,257.57 635.43 622.14 TOTAL $6,257.57 $5,135.43 $1,122.14 I too share your regret that we must conclude our work on the Comfort Station with a discussion of contract interpretation. Your effort to design the Comfort Station was undertaken with professionalism and an eye for quality which we unfortunately were unable to afford. Although we eventually ended up revising the project plans to conserve costs and meet the $50,000 budget, we are still confident that your design will prove to be efficient and useful given the needs of the Park. On behalf of our City, thank you for your involvement with this project. Sincerely, CITY OF MENDOTA HEIGHTS' Tom Lawell City Administrator MTL:kkb <03ET ARCHITECTURAL GROUP, LTL. 15 GROVELA\3 TERRACE VPLS., V I \ \ 55403 .612 377-2737 October 8, 1990 Tom Lewell Jim Danielson Guy Kullander City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Gentlemen: This is a follow up on our conversation regarding fees. I believe it is necessary to establish our position regarding these fees. The construction budget was set at $50,000. Every effort was made to reach that budget. There was no reduction in the program after the first bids did not reach the budget amount. After the re -bidding of the project, the City of Mendota Heights elected to proceed on using their own forces to meet the budget. In terms of the contract Paragraph 5.2.4.2., the City of Mendota Heights could have elected to reduce the program or direct Kodet Architectural Group to reduce the cost of the building or not build. The City of Mendota Heights elected to proceed to build using their internal contracting capacity to build the building. In effect recognizing that the budget established by the city could not be met and the program could not be reduced. In terms of the contract this would be interpreted to mean increasing the budget by re -allocating the source of monies available from funds to pay the contractor to funds to pay for staff time. To reach an amicable understanding I believe it best to settle on the fees being left at $5000 for the base contract and Kodet Architectural Group would forgo seeking fees for the lowest bonafide bid, or the additional $886.00. Although I firmly believe the firm should be paid per the contract. Regarding fees for Alternates. Paragraph 3.3.9 entitles for reimbursement. At no time or within my documentation in our office has Kodet Architectural Group included these in the $50,000.00 budget. The estimates on May 1, 1990 and May 8,1990 do not include any numbers for Alternates. Further, meeting minutes on the July 17th meeting clearly indicate two points. 1. Potential availability of funds outside of the $50,000 budget. 2. Additional fees to be charged by the Architect to draw up Alternates (This was made extremely clear in my presentation). At no time were we requested to make detailed cost estimates of Alternates. General figures were discussed. There is no obligation in the contract for the Architect to meet Architecture • Interiors • Plc nning T? Alternate estimates with Alternate bids. The Contract allows for reimbursement of Alternates without qualification. Contrary to my billing of Alternates as a percentage, we are, by contract Paragraph 3.3.9, entitled to reimbursement. Because recent clients anticipate these accounts to be the same as the base contract, we use the percentage as a matter of consistency. The hourly amount to prepare the Alternates exceeds this percentage. Consequently at your option we would prepare fees based on houly rates if you direct us to do so. The preparation of Alternates as per paragraph 3.1.1 calling for authorization, is fulfilled by the matters of the meeting minutes and the fact that staff directed this office to prepare Alternates. In the July Billing the fees for Alternates is indicated as additional and we were directed to prepare Alternates for August 17 , 1990 rebidding. Further, the City of Mendota Heights is making full use of some of these Alternates prepared. Any use of the drawings above the base floor plan certainly indicates that the Alternate drawings have value to the City of Mendota Heights. Consequently we should be paid fees for their preparation. This contract, as in any contract, was a reasonable and fair interpretation by both parties. Kodet Architectural Group must meet the contract terms, expectations of The City of Mendota Heights, and do so within accomplishable standards of the profession. We believe this was accomplished by the firm and believe this should be recognized and equitable compensation for services rendered. following: We will render a statement for your consideration based on the A. $5000 for basic services B. Alternates based on the same percentage as the base contract C. Reimbursables I still have the question as why the City of Mendota Heights elected not to follow the drawings. At any understandings or mis-understandings of the fees, you still had drawings of a building that would have been a reasonable design to embellish the playground. Any architectural character has been removed. Perhaps some slight savings resulted. The tone of the above does not represent my feeling about working with The City of Mendota Heights. The staff has been very professional and had the best interests of the project in mind. I certainly would have liked to leave this Park Shelter building on a much higher note than contract interpretation. We will continue to provide the services as called for in the contract. Please do not hesitate to contact me regarding the above. CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Tom Lawell, City Administ SUBJECT: Proclamation of March 3-10 as Volunteers of America Week February 4, 1991 DISCUSSION Attached is a letter of request from Mr. James E. Hogie, Jr., President of Volunteers of America in Minnesota, requesting consideration of proclaiming March 3-10 as Volunteers of America Week within Mendota Heights. The City has passed, similar proclamations for the past several years. An appropriate proclamation has been developed and is attached for your consideration. ACTION REQUIRED Should the Council wish to declare March 3-10, 1991 as Volunteers of America Week within Mendota Heights, the attached proclamation should be adopted. VOLUNTEERS OF AMERICA MINNESOTA 5905 Golden Valley Road • Minneapolis, MN 55422 • (612)546-3242 January 17, 1991 The Honorable Charles E. Mertensotto Mayor of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mayor Mertensotto: Volunteers of America, one of this nation's and Minnesota's largest human service organizations, has been helping others for nearly 95 years. Volunteers of America Week is scheduled for March 3-10•, which commemorates its founding on March 8, 1896. I am asking you to proclaim the week in our behalf. Your personal proclamation will be encouraging to those in the Mendota Heights community who receive care through our services. Our dedicated staff and volunteers and the many people who help support our work through their financial contributions will be equally appreciative. Your interest and support makes a significant difference in the success of our organization. And, as you know, our success is measured through the lives of those we touch. I sincerely hope you will proclaim March 3-10, 1991 as Volunteers of America Week in Mendota Heights and ask that you join us in celebrating our 95th year of service. Respectfully yours, ozzo e ames E. Hogie, resident JEH/dc Enclosures Jr. P. S. Your proclamation will be duplicated along with other proclamations and/or congratulatory letters to be put in booklet form. A booklet commemorating our 95th birthday will be placed in the reception area of each program. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PROCLAMATION DESIGNATING MARCH 3-10, 1991 AS VOLUNTEERS OF AMERICA WEEK WHEREAS, the Volunteers of America, a social service organization, is celebrating its 95th year of service to the people of Minnesota and the Nation; and WHEREAS, the Volunteers of America is making a valuable contribution to the people of Minnesota by providing valuable services and care to those in need, including the elderly and our youth; and WHEREAS, volunteers have enriched the life of our community through their concern, commitment and generosity of spirit; and WHEREAS, the Volunteers of America is commemorating its 95th year of service and urges others to uphold the American philanthropic spirit through their commitments to help those in need, NOW THEREFORE BE IT RESOLVED, that I, Charles E. Mertensotto, Mayor of the City of Mendota Heights, do hereby proclaim the week of March 3-10, 1991 as VOLUNTEERS OF AMERICA WEEK within the City of Mendota Heights; and BE IT FURTHER RESOLVED, that copies of transmitted to the Volunteers of America appreciation and esteem. In witness whereof, I have hereunto set my great seal of the City of Mendota Heights to day of February, 1991. this proclamation be as evidence of our hand and caused the be affixed this 19th Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL February 19, 1991 Excavating Licenses Dawson, Inc. Doty & Sons, Inc. Gas Piping License Smith Heating & A/C, Inc. General Licenses J.M.S. Homes Dornick Construction Elite Design Construction, Inc. Hines & Sons, Inc. Landico, Inc. Schindler Elevator Corp. Heating & A/C Licenses Jundkins Heating & A/C, Inc. Midwestern Mechanical Corp. Smith Heating & A/C, Inc. Plaster License Brisson Stucco & Plaster, Inc. February 19, 1991 TO: Mayor and City Council CLAIMS LIST SUMMARY: Total Claims .$ 31,368 Significant Claims Northern States Power Feb Gas & Electric 8,452 Unusual Claims ., Signal Car Wash 1991 Car washes P.D. 1,500 • .•J ' • (;.•' • ‘,•, • 4 , ..:. . - . • ' ..,•--:. . :..... I_ Z3•;:•..,• , , . . ... ... . - , : -.:;- - •• . • - n '-N' • - • ,, ; .' '''7'...•• k .t.k:f i,;.,,,-. ' . -:..:,.Y,--....:.: ,... -- -.,,,....'F- ,... ...;:::::,...,':. i"; ,,‘2,!*:.,',.:• ,;^ 2.1. • t .,,, •.„:'" ,r, ' -..„,... •ii,„..;?...".....:.,-;;I:x.,.:..•:"•,,,,:...,._. ',i-,•,* • .,, ,.... . .. . , • • • 1 • • ..., i:•••• •.'!" " ..._; "., •„•••';,'. . ' .• „ • • • " • , •• ' • , " ;ft,.,- • '"1/2—, -• ''• ' - • i. - — -_... --- - uepL lu Ham Dept_ 50=Rd&Bridge 15-Engr 60-Utilties <,� 20 -Police 70 -Parks 17 Feb 2991 2/19/91 C1 alms L1st 30 -Fire 80 -Planning , -•Page 1 Sun 11 .a0 1414 O.t ty of Mendota Heights 40 -CEO 85 -Recycling 2 4Temp. 90 -Animal --Control Temp Check Number 2 5 6 Check 6 .. ... _.a 6 Number Vendct' Mame Account 'Cede Comments Amount 7 8 7 6 lio 9 1 PT&T 211 -4L l v,-e£tri-.sri Feb svc Z.-90 X10 111 ---- 12 11 12 t. 90 731 Totals Temp Check Number 1 t4 15 Temp, 16 13 14" 15 -Check -Number---- 0 17 16 e Fel bi nsan 07-4305-836-121e1 sp2 ys 3124 60 19 » Ynsorr e7 -4.3¢* -83G-•00 t6 17 8 �Pl•ys 1-4.-70 ;o -. , 22 4 L'3.50 23 Total= Tome 24 19 20 21 -Cheek -Number 0 _ 25 .. ,. - _ .. 26 Temp Check Number . 3 - . - 27 '26 22 23 24 29 3 W 1-4403-030-30 renewal trng splys 898.00 30 - 31 3 oro 32 25 26 27 -F.4,y ". , 33 Totals Temp Check Number 3 34 _. 35 Tome Check -Number 36 �9 `' - - - _ .. 28 29 30 37 3a • r 4 01 ffs Inc. , : 811 -4000-610-70 Feb rent d, µ 63. 00 ►• j'' d" 39 31 33 a 41 4 • ., 6✓. 8i32 Totals Temp Check Number 4 _ 43 44 34 35 36 45 Temp Check Number ..• - 46 47 .^ •• _ u_s� 48 Q..-,Des..woaf._at l-3'.•-f.mm2-s 02 4432K -,3e 39 �-s.2-Giseras ,e er '14 $41 (Av F < t,: 4.. - 0 Board'af Water Comm2ss1overs .. 818-440`3--2100-00 , Jan svc , m: :"0.98 `x' 60 • 3 Ward of Water Commi ssi anus ' 02-440Z-310-30 ,Jan eve.:3 ; d a. 19. 78 ', . 51 62 41 42 53 .: .' . �_ . 124.83 . v ,, x 54 . . - Totals Temp Check.Number' .. _ '3 . - .. _. ' .. - ,'1 ... -,; .. - -.. .- •- .. ., T{;`. a$. ` - 55 43Temp 44 57 CYteck roumber < a .d . S a' ss'. 58 -• w - i• ., _ - s* .C•. 61 6 - .• '� , en. ere i`a - ° 63 < 64 Tort. 3 mp-Ct1eG3t-$+Oumbe» "• 49 50 61 .._ ,. e - , „ "' 3E 65 66 YTemp Check Number 7 „, ` ;' a. c : 67 ." .. ., .. , _ ... - < a... .. 68 52 53 54 . 7 Conti rental 'Cablevision @11-4etzto-610-1�t • Feb SVC . 3, +,�3' - • ,. ,a..,'; 69 - •_ 70 7 Cont i nent a 2 Cabl ev1 si on. ' . 01-4600-510-30 Feb svc .• t ' 3. 93 +, - 71 -- _ .., - , ._ 72 55 56 7 ' - - - - 73 14 .. .> .. , - .. 11.90 ., .. ' ' 74 < Totals Temp Check Number. 7 , 775 0 O 17 Feb 1991 C1a1ms List • - Page e, sun 22:$0 Am City or Mendota Heights - - - , t z i Temp Check Number 9 Temp. 1 2 3 4 4 •5 6 Check Number Vendor Name Account Cade Comments Amount 6 6 7 8 7 a 9 $ Lode Reporter Xl-4400-•290-30 renewal 29.802 - . c 11 72 10 Totals Temp Check Number 9 11 12 imp -Check -Number 9 is 15 1 f 13 . 74 15 9 bakota County Auditor 01-4490-210-10 forms - ^ 54.ee 17 18 19 16 S 54.11'0 17 Totals Temp Check Number 9 18 21 22 23 24 19 Temp Check Number 10 20 21,. - v..,.n .., a-f�-1>aksta CrsurxtTach-YrrsT �1-4.Ai41h-t7c�Qc=:?3 1ar;�_.= 25 26 27 26 29 n 30 31 32 1'�4�.i13 22 __ 23 �_•-_•- 10 1Z0.019 24 Tot ll s Temp ChecU--Mumber 2$ 25 • 27 , Te6rp Check "Number 11 > ^ ° 33 34 35 36 28 29 11 Elroys Svc 8�9-4339- 1 a - N rprs - 53.32 30 _"— , r, �. '{'. __--.,.� • 12 - 94 30 37 38 39 40 a1 43 44 31.. Totals Temp Check. Number _ 22 —T-temp-Chack--Number 1e. , 34 35 5e Franz Engl.- 09-44SO-see-eel spi ys 49. 50 36 le Fr -w E••Jgr. 05-43 2.12-=19 spl-ys. 1.S@.-ee 45 46, 47 49 51 52 37 39 :.. -, .. 298.88 .. a..>s. •.. w... 40 ° .. ,'.- .. - - Temp Check Number 23 n , Y.a • . , • ''..s r>• -::" e. s 42 .- r .. .. - 4� ti.: .� 53 55 56 23. Senerel ,'iCommun t cats ons ,-01 -4330 -440-Aq!; rprs ', , i x 141'. 80 ' .. 23 3enerai Communications' 02-4330-4. ,-30 pager 881 -rprs~ ..,- 97.75- 45 - , .. ' �- j' N 59 60 46L -"- h- --i...-<s,a. s .. 61 62 63 64 z - ' �'• 199. 15 47 Totals Temp 'Check Number - 13- _ 48 - - .. .. .. .. ... ' . . . ' a ;. .. a9 Temp Check Number -14, 0 .a . .. ' .. ,t .•.a. ... .x < 4. x'� •'.a. , s i,. . , „, " " ... . .., - 5166 24 W W £irreingsr •v,,_a en,:end-:450 z 434 '5"4`• ,x 66 67 68 71 72 pa+t.6 24 431.✓ - • 6a ." Te zJ1-4 - - - c p?ttmar 55 T•.• p-C.tu 66 ^ _. .. ... ... 3 .., ,... > r .v ,i " .., Temp Check Number' an - _ x 74 75 19 Hdwe Harrk 01-430g-030-30: • 0 r") C) r 1 21 teb 4993 Claims List - - .- Page 3 .. ._ gun 21:1Z+ AM City of Mendota Heights . -. .. 2 3 Temp Check Number 25 - 7elnp 1 z 3 4 4 Check Number. Vendor Name Account Cade Comments Amount 6 6Is 7 8 7 8 9 23 Si.4? Totals Temp Check Number 30 9 10 11 12 10 12 Temp Check Number 26 26 1-0 3 03 44912+ 03 134 17 15 16 13 14 15 10g copier-mt-on 10.-9✓ 26 2' 0 9 02--4330-490-20 copier mtcn 78.70 28,1 0 9 02-4e88-083-89 copier mtcn 44...10 77 18 19 16 17 18 16 2 0 3 02-4330- 460-G0 copier -mt- n 23,80 16 1 0 S 01-4330-445-40 copier mtcn 11.85 26 3 0 8 01-4:300-080 -80 copier mtcn 45.30 2o 22 23 za 19 20 21 36 Y fl 8 --03-'4330»490 3 i- 9- a pes--mtcn 34„ ' 26 3 0 9 09-4490-000-00 COPX8R MTCN ' 7.80 26 1 0 8 19-4330-4915-60 copier mtcn _ :--`0. 63 25 26 27 22 23 24 244 e30-80 Totals Temp Check Number 2E 29 30 31 32 25 z6 .. - d . Temp Check Number , - 37 1 • 3 L3 - f r. T-L".'z7, 3 /i: 33 -1,=1,_.,70. 33 34 35 36 28 29 30 --pay 27 3 C M A RT 01-4134-120-10 3/20 payral 1, 92.31? - - ...., , . 't .- . ..�,-.„,„, f Sis ' .- .:C;"', -L. • _ .`;�.'i-., i . • 37• - - - - ' ,F7' 31 32 33 Totals Temp Check Number ' 2? ^ ° - ' ' '• , ?clot,CJ.tt..k N - 2-8 34 35 36 48 Hnox Lumber 152-430'3-274E-70 spays 78.32 28 1 ,o.w Lumber 10-4308-060=60 6PILYN- 49 51 62 37 39 ° 38 128.24 . Tat4.12 TCmp Cher -k --Numbers i,-8 .•,� ..s 41 ..'' ... Temp CheckNumber42 t 29 =;r:Z- ,; e f ,-, ti• + 64 55 56 4357 45 39 lSreraer 9pr.t ng 6 Allem. ,o, ..--;,01-4330-480-90 ° _ + ,,. ,. <, ° '' ?, A ..:' 4321.50... ;yY .,y� ° ', ' • .,> ”' - w- a ° 'itE - _ ' , e e.«°' . ,rprs. • r .. ;.�-is >y." �.-Y.- -• 39 '.6-4/ 68. 59 6. 47 48 .- Totals Temp Check Number . ' "29 < mr 1 _ ... 4 qs` Tc " tuber, r� < , 'c.'1 - •rte - _ 49•.. 50 .. . ., k " z > :0 Life 9i gn ties2 gr,s ` ^ �1i -4490-030-32 - plaque, •^ 4 a 2i. 00* ¢� 52 53 54 • c�tD. 3 9.1201 _ _ Totals YTemp Check Number 20 • , . .1 t , _ 66 'Q Temp Check Number._,,, 21 . 1- Ma12-CG3rini-v+ons 0t.,-1--rrvt, G>" 0 2'"0X80' .. . w. • •, 0 11 4- i 27 Feb 2992 Ciaims List - Page 4 Sun 12:00 AM City of Mendota Heights Temp Check Number e2 Fr2 2 3 4 mp 4 5 Check 6 ' Number Vendor Name Account Code_ Comments Amount 7 6 8 eTotals Temp Check Number el 1c iv i'e ?p-Crrec)412.1 -Numt+er• 10 f13 11 14 11.:Z Med Centers H P 02-Z074 Mar prem 2,923. 6:s .e 12 fir:-tted-Cierater-s_Y,. 01.-4i31--.2.1t2tci0 Mar 2_7_744 1c .prem .f30. - 13 . .;�� Med Centers N F 02-4233-000-00 Mar prem :- a 377_ 95 14 tis r c Med Centers H P 01-4231-040-40 Mar prem =00.00 19 15 2S—Med-Centers 1•!-F 0J--4231=050.--50 20 Mar prem 2,070 .10 16 21 a Med Centers H P 01-4232-070-70 Mar prem 455. 70 22 17 21 Med Centers H F 2N,_.'-4132 -21#5-25 Mar prem :37.40 - 1e ee_Metl.-r4. tees J-1 3 03=4.1_10=000_-00._Ma pi ef.1 s "'S...,-4024 1925 ee Mee Centers H P 2-4232-360-60 - Mar prem 4Z5 -`J0 - 1 n20 21 t 9$ ,a '4.04 90 28 22 29 Totals Temp Check Number ea 30 23 24 '1 tmber ;=3 32 26 , > - .. - - 34 27 03 Mendota Heights Rubbish. 02-4080-•320- - ,Jan svc 53.00 35 2.3 «lo4.,,•l.0.r.� r, . *a,. f crv1.1 - 36 .+ . -4i.t32=:32_e=2b "' Jan s2.c 3 00 28 25 Mendota Heights Rubbish4 26-4;_90-320--60 Jan svc :,3.00 3B 29 30 ?3 Mendota Heights Rubbish' `, i l 02-4080-310-30 « _ ,• Jan svc ,w ^ - • • y „1• -, a2,;, 40.40 - - 39 40 31 41 3z se e02. 4e 42 Totals Temp Check Number e3 43 33 44 34 Temp Check number e4 i 45 35 46 36 47 L4 Met 1-r. arwIA M r jy's,H1 -44$4--t 1 s4- 48 Mars .,, 143 �•�Y-tt An... 4`4 9.A 50 39 ot•_12s Tcmp Check Number s.p . s >, . . . , 52 40 _ - -• _ ' 53 • 54 41 42 Temp Check Number Ors,. ' c •`_ • .. ...; . • : x ... : t• , r•by ,. .. 55 ;•i 57 13 Metro Sales02-43Ls-220-EFu toner, , 53.35;• n • 59 9 • — '• ry ry ^ w . _-- - 59 -«s -�60 - 46 '�-_.r s Totals TmpCheck!me- 47 . 63 as Temp fhee-k Number 4 es s4 50 Ls Midwest Empl Assistamcc: ' ,02-4490-220-20 empl• assist µ ea -se '_ v 67 51 12. 1njrfrtact• Pmp1 A St Stam,-,.. r 1211-4t+S0-'Ons0-$ 1 --Pmr14> .355t cf•r. ., z Pl.' !�yi+.. ,a - �' « 5. 68 62LS Midwest Emp2 Assi stamce 02 -440e -03e-30 m:-., _ • • •. - gra. 50 - 70 53 e6 Midwest Empl Asst stamce 01-4492-040-42. , - emps assist - . • ;•� 3E. 50 • .. - - 71 . . -.ss .50 ` 72 54 -a6 t01 dwe4 t.--.emp.2-}'3 _ ., - - -.r, -' .s -iv,- _mr, ,.. c 4 .4- _ _ _ _ r Ze Midwest Empl Assi st amce;" ' 02 -4490-070- 70- , erpl assist_ - ?e. se .. 74 56 ` 06 M2dwelt Empl Asststamce 05-4490-a00-15 00.50' " 75 7§ 0 0 0 0 Q 0 O a O O 0 •• • •; , ' 1° , ' • C) LY 37 Feb 1991 Sun 11:ea AM Claims List ‘ ' ''' .1 '" '`, ' ' City of Mendota Heights ..` ''''*..!,''re" ' Page 2 3 Temp Check Number es ' 2 3 4 4 5 mp. Check Number Vendor Name Account Code Comments . Amount 5 6 7 a 7 a 9 36 Midwest empi Assistamce 16 -4490 -060 -GO .. ee.no 9 10 11 12 10 II n eea Totals Temp Check Number 37 es - 180.-0-0 13 14 15 13 14 15 emp -Check-Number , 07 ti est Busines Forms 02 -4300 -110 -10 splys ' , 5.47 — . , " 17 19 20 16 17 18 27 Totals Temp Check Number e7 ' 6.47 21 22 23 24 Temp Check Number ea-M-i-dwesf-Ahoto-Svc 12'.2=,4305.1•0.---•3221 , . Jan , , , . 100-20 • . . 27 m m 24 -- es - -emp-Cheek-Number ea32 ' sva ------ lea.ae m n 31 25 26' Temp Check Number , 3'9 . .., - , ,, :, "- ' , - ' r , - ° " • 4 33 24 35 as 28 29 30 09 Minn Ch of Pol/ce Assn ea 01 -444-I -, • , . -- • '' 2-32 dues `le'' '- '".°7^. -''"I'''''."%::•••:.,'`.,.. -;";-:;•,„f: '. . ".t., . =,.,;,,',,' • ` . - .. ' -"°;,' .•' ; 37 38 39 40 4423 - -"..,*.l.',...... ge_ee c 31 32 33 , Totals Temp Check Number bcr 10 34; 35 W' 30 Minn Mutual Life Ins el -zo7e , 0/8 payroll . ' . , , 025.00 , , • . . • • 45 46 47 48 37 Totals Temp Check Number , 30 ."'''..'" » ' ..' ' ,'--, ,. 51 46 42 • Temp Check Number. . 32 . 4. -4-2 Ninn,..s,,ta Teamst..re_L^r -.. • -T.N3 . , - ;" •• •• el -ea, - ' -, ., , ,,,, ..S' rt,l',- , '4' 0 " , ,, ' ' , ••°, At,' .3.- -;;?, , ."•• ° .' ';•".• ''' "„••• .., ,Feb.d ' ue ' , , z• "° , , ,. '` i''', ', , • :p *4.'.: , ;', --'1 7 '' A:'= ;-,.' r4,1',1 „.. .....:s .. . - 53 65 43 44 as r 32 _ - - "-- iii,C14 POUSabcar. , i" '. 4. "••• < • • • ` _ • , • ' ' " • 4, ''.k." ' • :' '4, - l', • •,-' '' • , " . - *.:', .,`" • " ' • ,, ` "•".' ' --.— - " ° " .". , ' a' ' ' eaz. 00 f .' 4.. • , , 57 66 47 48 - Temp Check Number 30 . • „ ., ' s , ,,,'' -, ', - „, :;: • „ - ' • . ) - - ' ''' '1 ',-..1* ^ , „ , ,.-, i , ,, .• ,..4,, 1 • .1,','',?. '..., 4 • ',°- • ••. `, . 1- . ,,,, - . .'. „ , , 4 '. ,,,. • t ° .' ,,, ; WI 62 63 64 49 50 30 Minnesota Toro /nc , , , . 3e -, ' ' 0274400-060-60 » • . 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''' ,,,, • '2 - , - it 66 66 67 os 52 53 54 Totals Temp Check Number 3a , ' - " ,. „. • • • , . - , ' • ; ', ,.. • • • - ',.. p., ,, ". _ ',-.. • , ,4* .• , : , ' , 71 72 65• 56 C 13 Minnesota Conway . . - ' . 08-4336-000-00 4 , • , ' ' rechg, '' - ' • , • , '11,4.00 , , . • ' 73 76 7.9 •• • •; , ' 1° , ' • C) LY 17 Feb 1991 ' Sun 11,E0 PM Claims List City of Mendota Heights' - Page - 7 ., ( - 1 Temp Check Number 39 2 3 T 4 Check 6 Number Vendor Name Account Code Comments Amount 6 7 6 7 8 39 Pryor Resources -- 9 35 7211-•4400-•110-10 reg," - 99-00 9 1C 11 12 10 11 Totals Temp Check Number 12 Temp -Check 40 39 99.-00 13 14 16 16 -Number 13 14 15 40 E h 9uehl 01 -4305-0 0 -,?0 - spays ' • les.. s , 17 18 19 20 1640 17 Totals Temp Check Number 18 40 2"2.3.'i G 21 22 23 24 19 Temp Check Number 41 20 `r2 r+ubl-4-c-Emp2-Ret-Assn - Feb-p - , •am 25 26 27 28 zz 23 24 42 --emp-Check-ATumber -01-0074 41 4- -.00_ - - 54.00 28 30 31 32 25 27 Temp Wreck Number "'4e '" .. - - ,. - .. - - • 33 35 28 29 4i S213naa Car Wash 30 - -tie 01-4430-000-06 - «r - "'t'•` A.. 1551 car crashes , ., - - . `�.. "" -. - ., •h - `,..e , 1 s 3130. 013 ,r -,--.--_--, , `,& , ' . i 1y .; ,.r _..:.,F.. r. .. a< .. 37 38 39 a� 42 43 44 31 -- Totals Temp Check Number 32 33 fmbeY 43 4E - ' « 34 35 36 43 9 L 9 Enterprises -- 01-4309-030-30 ; - ,2d cards '" 15"S.O0 ----- 45 46 47 48 36 43 " .. 39 Totals Temp Check Number, r .. '• ^43 . - g" .. s j F .. - . , • 199. 1313 S -x sO 57 52 40 1 Temp Check Number 44 42 14 Snyder »no tops - • - - - • .• -'_ �• :.. _4 - - .a .p K. '?. ,' 2 Z . -.�``.•rri ' . r,• sa 55 56 - .44,Snyder SnYder Dru9 Stores' 45 ; ; 017430-730-30 a - 44 r" splys Fa x57 • 4 -., -1.D.-17 _ - 1oq Ai; , i,- x - s». ..<_ _ , , xl 68 60 51 62 64 Totals Temp Check Number 47 ail ---,Temp Check t'Sw2 e ' - 4„F• 49 -. 50... 1-, o49 State of, N» Dspt L- I ° :' . .. - 01 -4309 -090 -DO . — , - . ..40't-30 •, .e <. ^ - t :. exempt cert- p1fGiMr'!r' ,..e,••• ^ . .. ' �,' S .t3@t < 117 V10 ., ,. _ < .. , £ 65 66 67 68 52-- 53 90 54 Tet Tcmp- CC9 ECk-S4uniber . 4 Y•_r - \ .. -, 70.00 - ". 7 _ .�.. _ •- ` ' ., - a 69 70 71 72 -.11c 65 56 .k7Temp Check Number - 46 - _. ., - 73 76 79 4S Sun Newspapers 01-4940-080-50 C ;-) c - 1 27 Feb 2992 - Claims List Page 8 Surf 21:00 AM City of Mendota Heights ' 2 Temp Check Number 46 2 3 rp. 4 6 „ 4-,V Check 6 Number, Vendor Name Account Code Comments Amount 7 9 s 46 Sun Newspapers 01-4E40-080-80 Re Turner 8ynr 27.28 c 46,9un Newspapers 81-4240-aPn8-88 Re UK 19. ~e X11 46 01=4490-030-30 0 11 1z -Sur, -Newspapers— Re trk-bl-d 13 02 11 46 Sun Newspapers 02-4240-080-8 Pe R2verwood Plc 29.22 �i • 46 Sun Newspapers 1212-4240--elso-80 Re Putnam 29.76 > 46 Sun -Newspapers m1=4 40-1H0-ae Re 29 :_' if, t3 14 75 -UP 17 46 Sun Newspapers 02 -4240 -08e -8o Re Turner Sym' 26.66 t6 48 Sun Newspapers 01-41,Z40-120-10 - Ord 272 48.28 15 , i6 Buis- Newspapers 03-4240 16 17 18 1-1010ar-tl-e.7x? 3-"4 _96 20 - n 461 a .44 23 Teta-la-lamp Check -Number arR z4 19 20 21 25 .. 26 Temp Check Number 4727 ., .. za z2 24 29 47 Television Svc Lab 81-43324-4618-32 rprs 68.66 30 -- 37 47 F., AA 32 25 26 27 Totals Temp Check Number 47 ° ' - 34 , , a , 35 Tamp ihect, tVrtMber. 4A 36 26 n 37 38 48 Terminal Spiy Co ,. , , 01-4308-e"..r0-`112+ - ` '1 .splys 21.43 39 48- r-m-2-wai ''Ip2 y to 02=430T1--07.0=-'70 cpi 6 el. 40 31 32 33. -4e > , 41 48 Terminal Sp2y Co ' 1Z-4306-060-60 splys 01_45 42 2 'r SA 't3 44 34 n n Totals Temp Check Number 48 as 46 - 4r tuber 49 48 9 - 49 Thomas Svc Co ,01-4339-32-30 rprs < -:R 48.00 51 _..... - .�.•` "• ._ 52 40 41 - ., 53 . 45 1, ; 48.80 54 Totals Temp Check Number.- Z,49 t, u,. .. 55 43. 46 „Temp Check Number ., < 3'N, °� >.t. , . <. ,-"' ,s, .a .e- ,. •. ., .. f 57 58 �� , 4 - x 59 ig 46-- o 49 • . G " .. •< ,. x 62 , 818.20 63 Torn: c Temp -Check -Number 64 49 60 bt , Temp:Check Number • 67 . y , - .. ,. .• , , �. Baa - .� ` "• r. 69 52 s3 ✓1 U S West Communications 02-421121-oeo-1;•'ltif Feb svc - - 121.64 70. 31 U S West Communications '1-4E10-060-60+ Feb svc 324.e 71 t1 9 West' f'f d+*rx+ttrslCa *'2 nY<a 01-4,'1.0-070-7001-4,'1.0-070-7001-4,'1.0-070-70£mob-T..1�C •JR 9A. 6b 7 n 21 U 9 West Comm_'`2 73Communications. 02-42]0-90--80 Feb svc , 68.76 , 74 75 gel ' . ,. .< "' , 4dl3 y' A. 73 Totals Temp Check Number :1, 0 r•) 0 0 17 Feb 1997 Claims List -- Page 9 :Tun 12:S0 I '1 City of Mendota Heights •- li 'Temp Che k ?Number :iE - j z T ' 3 mp. . --+ 4, Checr. i 6 5 G Number Vendor Name 1ccc.unt Code Ccmmerts Amount 178 7 13 :.1'rr' Un1 rorms thn1 im1 ted 02-4410•-000-' 0 Re Olmstead ser. SO ,10 II a Urri forms Uni 1 mi t ed 01-4303-•030-30 s pl ys 99. 04 :� 1 9 12 :5�''-tJntTarms-t3n1.1mited----------1Z72-4420-+2n.:O-tfiB—7-7 ---du{-si-pymt -32-cry-- 1a ,. "2 tial forms Unl imi ted 01 -4410-2c0-E0. Re Currie 2.:9. 30 14 '11 12 .SL Uniforms Unlimited 0A1-442 0-0e0--1 0 Re b Olson 35. 91 •` :6, 13 71 14 860 - - ezm 1 et 1 E 15 Totals Temp 'Check Number :12 19' 20 16 21 Temp Check Number 53 22 17 23 18 iir+rancxe- 41-ef�G 01 =441 O -.:,' 0=£5Z L0. 24 _ -r exp_6 e.imb n 25 20 03 - - . - - _.-_..__ 26 21 43. '9'9 27 rc.t- Mec44-Number ' 03 .a--. zz . 29 23 30 24 Tamp :;heck Number 54 31 32 25 26 33 ` "✓4 Winthrop & Weinstine 01-x"`010 ., ' > ° flee Re riensingtcm� - 1,i4� .90 - 34 27 54 W l nthrap .. Wei nst l ne c • 02-S010 , Dec retainer, , Vae. f'l12 35 1 Y43-r9t49, c+p-S-Yie3-MSL3a9C -: 01`3c'�pi5lsec-st,lt.nB - 1,+.3' '� ' 36 28 ;.=*9.O } 37 38 30 26:? . - , .. , ', - ., , . 1..., - --- :`•. .. ,-. ' • 3,0 3.11- 39 TQt 13 T'��hecx Number J4 31 I{ - a0 32 I x ,, y - x` 42 33 - < 43 - 44 40 34 3699 ' : 31,388.05 aG 35 firand Total47 36 MANUAL CHEEKS: 48 49 . -13016•', 42,707.70 Payroll'a/c,< 2/8 net 50 're r• 38 -:. c.< <. - - .12994 ;-105.18'tDave.Sorby;, v •�' ;Expi 339 - ., .� 12995-• '•9,446.'24 • Interstate. Lbr ' 89-6 - '13017 ' '406.00 , W. St Paul Silver & Gold P.D ` 51 � 52 .13E-10 " 40 12996 "0—BFI 4thr-gtz 2,759:00--BVipg-Pawrr-Shop 53 41 a. 12997 1,559.00. Knutson Rubbish- - ••. • - 54 42 _ - - 12998 10,208.00 '.Mendota Heights Rub " + - , , ' „ 55 56 43 12999. I I. .•a r : • ► - 9{r4 85 57 44, " 13000 666.00.': Roadway Rubbish ._ " : -, ,, "' 58 45 #", _13001', ....861.00. Triange •, • " " , ' G. T. 130,915.90 59 - - so 46 13002 :. i- . W' • .,, • 61 47 7 ' 13003 , 29.96 Best Buy •. F. D. - 62 as - - 13004 - 37.10 Kathy -Swanson. Exp reimb - •• 63 G4 49 - - , 1300 1 . II ..•... - - . - -M1.g • ,. 65 50 13006 ' -'77.-31 Dona* Currie- Exp reimb• • 66 51 ,• - , '13007 25.90,, '- " - Ins adj.. • 67 68 52 13009 592. - - -• I • •.• . •eductivus 69 53 13010 500.00 ' Dak Cty Bank' . , . _ " ' - •- 70 54 - 13011 784.80 Clay Engel - pets svcs thru 218 - 71 72 55 13012 $9flA"--d8 -BST 7d ]rd < _ 73 56 13013 , 7,841.40 PERA -• 1/25 payeoll - _ ,- 74 75 s`7 Z.1® 7,071.46 Comm revenue 2/8 SIT 29 �yakotaZty Bank - 2/8 w/h ry r) )- 0 CO Mendota Heights Police Department DATE: 19 February, 1991 TO: Mayor and City Council City Administrator FROM: Police Chief pp - SUBJECT: personnel Appointments INTRODUCTIO1 I am requesting Council approval of the promotion of Becky Trost to the position of Secretary (Grade IX, Level, A) and the appointment of Rita Dolan to the position of Clerk -Receptionist (Grade I, Level D) effective April 1, 1991. $ISTORY Department Secretary Carol Bakka has submitted her resignation which is/ effective April 1, 1991. I have met with City and Department staff to discuss the best way to fill the vacancy. Based on those discussions I determined a process and made a decision. pISCUSSIOIQ The position of Secretary was posted internally to allow present employees the opportunity to bid on the job. I received applications from Becky Trost and Rita Dolan. Becky presently is the Police clerk - receptionist and is familiar with most aspects of the clerical work required by the department and the Police Secretary. Rita is a part- time clerical person in the administration department and has worked for the City on this basis for many years. During this period of time, Rita has filled in for Carol Bakka and is also familiar with the work that is done in the department. Rita is at a minor disadvantage in that she is not yet comfortable with our computer equipment, but that will be easy to overcome. Based on their qualifications, I saw no need to "go outside" for candidates. After further discussions with staff, and conversations with both candidates, it was determined that the promotion would be offered to Becky Trost and Rita Dolan would be offered Becky's present Clerk - Receptionist position. Both candidates accepted this proposal. RECOMMENDATION That Becky Trost be promoted to probationary Secretary at Grade IX, Level A, effective 4/1/91. Her probation would be for a one year period. That Rita Dolan be awarded the vacancy created by Becky. Due to Rita's length of City service, and her present salary, I request that she be appointed at Grade I, Level D. She would also serve a one year probation. ACTION REOUIRED If Council agrees with the above recommendation they should move to approve the probationary promotion of Clerk -Receptionist Becky Trost to Secretary, at pay level IX, A, and the hiring of Rita Dolan as probationary full time Clerk -Receptionist at pay level I, D, effective April 1, 1991. 4' CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council and City Adminis FROM: James E. Danie on Public Works irec February 13, 1991 SUBJECT: Release of Excc s Trunk Highway 149 Right of Way DISCUSSION: Council recently received a letter from Mn/DOT notifying the City that they intended to release a portion of the Trunk Highway 149 right-of-way back to its underlying fee owner (Mr. Brian Birch, see attached letter). Upon reviewing the letter, Council directed me to request that Mn/DOT delay releasing any Trunk Highway 149 right-of-way until after the City completes the Dodd Road/Trunk Highway 110 feasibility study. That study was peti- tioned for by Mr. Ed Paster, owner of the shopping center. Mn/DOT has informed me that they would honor that request. The Dodd Road/Trunk Highway 110 feasibility study is a complicated one that could take as long as six months to com- plete. When Mr. Birch learned of the City's request he became extremely upset and asked to be placed on this agenda to discuss his objections with Council (see attached letter). JED:dfw Attachments ce-.7v2s. 77_1_ 46 _ 421/P-7!'/ et—is W' .4,44.,4e•-dts X .4/ ,k77125 ae^7:71.1-4- _ .7% /**/ 74;_ —._ 71;"7. _ /C).e.".:•77.`et 4e- -- t' —0 A7- 100410' 7:d/ d—a=. -1*0 /114 ,Z:77217- 1 7144- 71,461 4., .45:,..--_,Az"--7z) 4 5 7-i_ 7S.:57 64„94 yo la �rOF TaQ�'c Minnesota Department of Transportation Metropolitan District Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55477 December 28, 1990 Mr. Jim Danielson Director of Public Works City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55120 Dear Mr_ Danielson: SUBJECT: Reply to Oakdale Office Telephone No 779-1163 S.P. 1917(49=1)901 NE Quadrant at the Intersection of Trunk Highways Numbered 110 and 149 This letter is to inform you of the impending reconveyance of the subject parcel outlined in red on the attached maps. It is Mn/DOT's understanding that the City of Mendota Heights is no longer interestedin the subject lands, therefore we are actively pursuing the reconveyance requested by the fee owner, Mr. Brian L. Birch_ Should you have any further questions, please feel free to contact Mr. Axel Ridell, from my office, at 779-1217. ncerely, A. eel Z. Lari, P.E. District Right of Way Engineer An Equal Opportunity Employer -,,, \: •\ '�J _• .•` • 1144. NCO • • \`♦ i'+, \'�_.. Mor ``^YwccY x<2�,:.::'r� �`;vv: x:j. rY,..• �.�.�..•.. •SZ•.1 1SY _. .�44Y:I1XN • �{+tY.V.1YN '•�: c .4:;: s - yam__, �..- !� • '. � G J ms's. - :Cp•J 1.10 ..l . ... ... ig.:i 4 ., . • : Anima! `; :::ii <: +<v:qad `; . o ':\ `� `\ City{ u; r . ,..,4 :1: m ':r -j,• ,: T Urn 'J '-.1";11.‘ : a, I. is i •1 i, \. \ \\t• \A\ ... , a� `tel; : ♦� .i�. . .,,, .U:'•••«:::: ?:::ta. jWf { :..1TMtir-1io r`- •,) C • i• `•, -y. • tt s», 11• j H1a- 3r1; G 1.'r3t :7 i• si« r ells Are e,•&tatio Pure oit 4A\ S%\‘\\ :01P;otYper,tit .L •~ 1 .J \ii. Dod e"Preserve i '\ :, 9 �ture • Central Commercial Area ices r'1 r:,• J (3 i.................---- _ -- - MENDOTA HEIGHTS - ... - .., •w ...� ; NORTH • CITY OF MENDOTA HEIGHTS MEMO February 12, 1991 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works Direc Kevin Batchelder, Administrative Assis SUBJECT: CASE NO. 90-39: Richard A. Putnam and Associates Minor Comprehensive Plan Amendment DISCUSSION Mr. Dick Putnam, Richard A. Putnam and Associates, appeared at a public hearing before the November and January Planning Commission meetings to present a proposal to amend the City's Comprehensive Plan at Dodd Road and Mendota Heights Road from High Density Residential -Planned Unit Development (HR -PUD) to Neighborhood Business -Planned Unit Development (NB -PUD). Mr. Putnam also presented the sketch plans for a proposed development that he would pursue should the Comprehensive Plan designation be revised. The November hearing was attended by a number of neighborhood representatives, some in favor of the proposal and some against (See attached minutes for review of all the concerns that were raised and discussed at that Planning Commission meeting). The November meeting was continued to January so that the applicant could submit further information on traffic, lighting and staff was to contact MnDOT and Eagan for some input (See attached updated traffic study and response from planner). RECOMMENDATION At the January meeting the Planning Commission voted 4-3 to recommend that the City Council deny the request. ACTION REQUIRED Council needs to conduct a public hearing to consider Mr. Putnam's request to change the City's Comprehensive Plan at Dodd Road and Mendota Heights Road from HR -PUD to NB -PUD. If Council desires to implement the Planning Commission recommendation they should pass a motion denying the request. JED/KLB:kkb November 27, 1990 CASE NO. 90-43: CENTRE POINTE MEDICAL CLINIC SIGN VARIANCE Ms. Sue Zwirner, Centre Pointe Medical Center, was present to discuss their request for a sign variance. She explained that the Clinic would like to install a roof top banner advertising their business. She explained that the Clinic is relatively new and that they felt that a roof top banner sign would be more visible from the highway. She explained that they anticipate the sign being up for only three months. She showed the Planning Commission a sample of the banner. Chairperson Morson questioned if the sign is secured to the building. Ms. Zwirner stated that the sign is tied to the building. Commissioner Duggan stated that he has no concerns with the sign and that he realizes a smaller sign would not be seen from the highway. Commissioner Koll moved to recommend to the City Council that they approve a sign variance allowing a seventy-five (75) square foot sign area and allowing the sign to be mounted on the roof for a period not to exceed three months. Commissioner Dwyer seconded the motion. AYES: 5 NAYS: 0 HEARING CASE NO. 90-39: R.A. PUTNAM - MINOR COMPREHENSIVE PLAN AMENDMENT Mr. Dick Putnam, R.A. Putnam and Associates, was present to discuss his request for a Minor Comprehensive Plan Amendment to construct a neighborhood commercial center, child care and elderly housing for his ten (10) acre tract of land at the corner of Dodd Road and Mendota Height Road. Mr. Putnam briefly reviewed the past history relative to this site. He explained that five (5) years ago this request was denied by the City Council. He stated briefly that some of the reasons were because the School District was in the process of selling their land to the north of the site and that the City did not have a "handle" on what to expect in the Southeast Area of the City. He stated that the since that time, he has held meetings with the Bridgeview Shores residents and • .i developer (old School District site) to communicate concerns and suggestions of all involved. He explained that traffic was a main concern and that the appearance of the center was also a concern. Mr. Putnam showed the Planning Commission the plans as prepared by his Architects. He stated that he has not heard any complaints regarding the appearance of the center. He stated that the appearance of the center is attractive due to the materials used i.e., brick, stucco and wood shakes. Mr. Putnam stated that at the October pre -application meeting with the Planning Commission they stated that they would like to see a traffic study completed before they recommend approval or denial of the project. He stated that since that time he has hired a traffic consultant but that he has been unable to contact him because of conflicts related to each being out of town. He further explained that this particular site is a hard site to construct single family homes on due to the air noise problem and the traffic from the highway ramps. He further explained that the shape of the land is a difficult shape to work with. He stated that this shape is an asset for commercial use. In response to a question from Chairperson Morson, Mr. Putnam stated that the easterly portion of the land is planned for elderly housing. He explained that it would not be used for a nursing home but retired or elderly housing. He explained that the buildings would be one story buildings and that the elevations would be the same as the neighborhood complex. He explained that there are a lot of trees on this portion of land. He briefly explained a time frame for construction to the Planning Commission. He explained that the time line could be put together within the next month if the Comprehensive Plan is approved. He further explained that PDQ is interested being the anchor tenant in the site. Commissioner Dreelan expressed her concerns about constructing a commercial building with no tenants interested. She used the Mendota Plaza has an example of a building with no tenants. Mr. Putnam stated that the key to getting tenants is to get a lead tenant. He explained that PDQ potentially is the lead tenant for this building. Chairperson Morson questioned how many buildings Mr. Putnam owns and operates. Mr. Putnam explained that he owns and operates none. He explained that he is presently working on two other sites in Minnetonka and Eden Prairies. He explained that the financing is structured through seventy percent (70%) pre -lease financing. Commissioner Duggan expressed his concerns. He stated that the concept for this commercial center has been rejected by the Council twice. He stated that he does not see that a feasibility study has been completed, no lists of businesses for the building have been submitted, no accurate or current soil conditions have been currently surveyed, no tree survey, no submittal of soil erosion plans. Commissioner Duggan stated that this site could basically kill the planned "downtown Mendota Heights" plan. He stated that he agrees that the design is attractive. He further questioned if the number of buildings on the site complies with ordinance requirements. Commissioner Duggan further expressed his concern with air noise. He stated that he has a personal problem with changing the comprehensive plan as it has been changed in 1985, 1987 and 1989. Commissioner Duggan stated that rezoning would be foolhardy if the State, County or City wished to acquire the land. Mr. Putnam explained that what he has presented tonight is what the residents and developer in the area requested of him. He stated that the City needs to make a determination as towhat they want to see constructed on this site. He explained that this area has been assessed for sewer and water. He stated that he offered to sell this land to Mary Anderson Homes (since it is zoned R-1) and Mary Anderson Homes did not want to purchase the land due to the air noise and traffic noise problems. He further explained that the neighborhood concerns are a strong point with him. Commissioner Dwyer stated that he is not convinced that every Mendota Heights' gateway needs to be a commercial center. Commissioner Krebsbach arrived at 8:32 o'clock P.M. Commissioner Dwyer stated that he agrees that the building is attractive on paper and that he does not believe it will look as attractive once it is constructed. He explained that this is due to potential sign clutter and the lights that would be used. Mr. Putnam stated that there will be signs and that they will be tastefully done in conjunction with the architecture. Commissioner Dwyer stated that there is a PDQ on Salem Church Road in Inver Grove Heights whose building has a lot of vacancies. Commissioner Koll stated that she is concerned with the potential competiveness this commercial building may impose on the existing downtown Mendota Heights. She stated that she would like to see a study pinpointing the type of usage this commercial building anticipates. She stated her concerns for the amount of traffic and the hazards it may bring at the intersections. Chairperson Morson stated that the question the City needs to answer is if the City needs a commercial site of this nature now. He stated that if the City defers this request for another five years what will happen then. Commissioner Krebsbach questioned .if Mr. Putnam has considered removing the restaurant. Mr. Putnam stated that he could consider removing it but there has been some interest in a pizza shop becoming a tenant. Commissioner Krebsbach stated that she would like to see some criteria established related to a possible restaurant in this area. She stated that she.does not want to see advertising of a restaurant along I-494 that would attract people off of that highway. Mr. Putnam stated that he envisions the restaurant to be a family type restaurant, such as a Perkins. He stated that if this restaurant only serves the immediate area, it will go broke. Commissioner Krebsbach stated that a national chain restaurant is a "different feel" for Mendota Heights than a delicatessen type restaurant. She questioned if the plan is approved if the City will have some control over the type of restaurant that will go in. Commissioner Krebsbach stated that she does not feel the City will receive a more attractively designed proposal. Chairperson Morson opened the meeting to the public. Mr. Bernard Friel, 750 Mohican Lane, stated that the Commission should not be mislead by Mr. Putnam's talk in not having the required plans submitted for Commission review. He stated that he had not heard any justification in changing the Comprehensive Plan of Mendota Heights. Mr. Friel stated the Comprehensive Plan has been revised enough, that it should not be changed as it is relied upon by the community. Mr. Friel briefly read copies of letters sent to the City. A letter dated December 10, 1987 regarding potential traffic problems on Dodd Road with regards to the new highway construction and letter dated December 24, 1987 from'MnDOT to Public Works Director Danielson regarding potential traffic concerns at Dodd Road and Mendota Heights Road due to the increase development in the Southeast Area of Mendota Heights and in Eagan. He further stated that he would like to see the Planning Commission recommend denial of this project to the City Council. He further commented that park acreage has dwindled in the Southeast Area from 80 to 20 acres. Mr. Jim Losleben, 815 Hazel Court, re -enforced Mr. Friel's feelings in not changing the Comprehensive Plan. He explained that traffic is an issue. He explained that there is not enough of a market for the elderly housing that Mr. Putnam is proposing. He questioned that if this plan is approved if it will turnout like the Duffy site has, no construction. He stated that he would like to see this request denied. Mr. M. Grant, President of Mary Anderson Homes, stated that Mr. Putnam did invite himself and the residents of Bridgeview Shores to discuss his proposal. He explained that Mr. Putnam has spent a lot of time in discussing this issue with everyone. He stated that this issue is very important to all of the residents. He explained that Mr. Putnam has put special care into the design of the buildings. He further stated that the residents have discussed with Mr. Putnam the possibility of eliminating the gas pumps and that the traffic increase is a concern. Commissioner Dwyer questioned why Mary Anderson Homes is not interested in constructing single family homes on this land. Mr. Grant responded that this is a highly traveled area and that noise is a real problem with traffic on the highway ramp. Commissioner Tilsen arrived at 9:06 o'clock P.M. Commissioner Krebsbach stated that she would not like to see a Perkins in this area. Mr. Grant stated that he did not recall seeing a restaurant in the previous plans but that he would rather see a restaurant in this location than gas pumps. He stated that he feels that the Perkins Restaurants are attractive. Commissioner Duggan restated that traffic is a main concern and that is what should be considered a problem. Commissioner Krebsbach stated that she is concerned with advertising along the freeways. Mr. Grant stated that he is concerned with any future development in this area. Mr. Craig Olson, resident of Kensington, stated that he feels that this is a beautiful, small shopping center and that he cannot see why anyone would object to this project. Mr. Olson stated this beautifully designed commerical center is similar to what you would see at a Martha's Vineyard or Cape Cod. He stated that he cannot believe that people can be so out of touch with reality. He stated that he would rather see this proposal than what we see at Dodd Road and Highway 110. He stated most of the traffic would be local. I Mr. Tom Smith, Hampshire resident, stated that he is concerned with the increase of traffic. Mr. Steve Patrick, 737 Mendota Heights Road, stated that he owns land next to Mr. Putnam's request. He stated that he is concerned with the best possible use of this land. He stated that he agrees with Mr. Putnam that this site is best suited for commercial. He further stated that he too would like to see a traffic analysis. He commended Mr. Putnam on the architecture of the buildings. In response to Commissioner Krebsbach's question, Mr. Patrick stated that he was here several years ago when Mr. Putnam presented his request and at that time he was in favor of his request. He stated that his concerns are related to the traffic impact. Commissioner Duggan requested that City staff receive in writing from MnDOT information regarding the, traffic analysis. Mr. Flicek, 2493 Bridgeview Court, stated that he is concerned with the lighting and signage for the buildings. He further stated that the gas pumps and traffic are also major concerns. Commissioner Duggan moved to close the public hearing. Motion fails due to lack of second. Commissioner Dwyer moved to continue the public hearing to further discuss traffic and feasibility studies to January 22, 1991, at 7:45 o'clock P.M. Commissioner Krebsbach seconded the motion. AYES: 6 NAYS: 1, MORSON Chairperson Morson stated that he would like to have seen this request acted on tonight. HEARING: CASE NO. 90-03: CENTEX HOMES - KENSINGTON PUD COMPROMISE PLAN Commissioner Duggan addressed the Planning Commission by stating that he is not clear with what is being presented by the developer as a compromise plan. He stated that the plan that was originally presented for Kensington Phase II was rejected. He stated that there then cannot be a compromise plan. He stated his concerns regarding 1':( ORM/RAIL!) CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612 339 3300 MEMORANDUM DALE: 18 February 1991 TO: Honorable Mayor and Members of the Mendota Heights City Council FROM: Tim Malloy, Planner RE: Review of Traffic Study for the proposed Mendota Heights Neighborhood Center. R. A. Putnam & Associates is requesting a Comprehensive Plan amendment to allow them to construct a mixed use neighborhood center in the southeast quadrant of Dodd Road and Mendota Heights Road. They appeared before the Planning Commission at the October meeting and their request was continued to allow them time to prepare a traffic study at the request of the Commission. This study was subsequently prepared by Ken Anderson, Anderson Engineering, and was reviewed at the January Planning Commission meeting. The purpose of this memo is to follow up on some concerns that I expressed at the January rn.ee:ing regarding Mr. Anderson's traffic analysis. I will limit my comments here to Mr. Anderson's traffic study and refer you to my October 23 planning report, the Staff report, _ and other materials submitted with the application for further information on this matter. As I stated at the meeting, I do not believe that. the trip generation numbers for the proposed neighborhood center, as indicated in Mr. Anderson's study, represent a significant enough factor to change my opinion that.this location is appropriate for such a use. My primary concern with Mr. Anderson's study was with his use of previous studies in forming his conclusions regarding projected level of service at the key adjacent intersections. In. particular, Mr. Anderson referred to a study prepared by Short, Elliot, Hendrickson (SEH) for the 1-494 and Dodd Road interchange.. In this study SEH indicates that the intersection of Dodd Road and Mendota Heights Road will operate at level of service A even after development in the area is completed, including the expansion of Northwest Airlines and the other developments planned in Eagan. At first glance this statement seemed contrary to my understanding of traffic conditions in the area. I have since discussed this issue further with Mr. Anderson and with Bob Byers of SEH, who prepared the original Dodd Road and 1-494 Traffic Study to which. Mr. Anderson refers. Mr. Byers was also instrumental in preparing the county -wide transportation study that was completed in late 1988. This study was a cooperative effort between Dakota County and the Cities of Eagan, Apple Valley, and Inver Grove Heights and looked at traffic conditions to the year 2010 for the entire County. Mendota Heights Neighborhood Center Traffic Analysis Review Page 2 My conversation with Mr. Byers was enlightening. He confirmed my concern that the projected level of service of ^, to which Mr. Anderson referred, may be slightly misleading. 'That level of service projection assumes that several things will occur. First, it assumes that travel management plans will be put into operation as development occurs on the south side of I-494 (including the future expansion of NWA, the Laukka-Beck property, etc.). These plans would include such measures as staggered starting times for employees and rideshare programs, among others. In addition, the projected LOS A reflects the installation of a traffic signal at Dodd Road and Mendota Heights Road, as well as improvements to Dcidd Road at the north and south ramp terminals for 1-494. While none of these events is certain, it is likely that many of them will eventually be implemented when conditions warrant. As I stated above, these assumptions are only slightly misleading and some have more impact than others. The implementation of travel management plans will have a minimal effect on the operation of the Dodd Road and Mendota Heights Road interchange, according to Mr. Byers. Therefore, a high level of service at this intersection is not heavily dependent on these plans. The most significant factor in insuring a high level of service at this intersection is its signalization. It is believed that this intersection will eventually require signalization regardless of how the subject property is developed. Installing a signal at this intersection, as conditions require, has been part of the plan for traffic improvements in this area since the Southeast Area Study was done. An important fact related to the Dodd Road and 1-494 Traffic Study, prepared by Mr. Byers, is that the projected level of service for the adjacent intersections assumed that the southeast corner of Dodd Road and Mendota Heights Road would be developed for a commercial center and anticipated a traffic flow of approximately 2,000 average daily trips. This compares to the 4,480 ADTs anticipated for.the proposed neighborhood center. However, the SEH study also anticipated the eventual development of the remaining vacant land within the southeast area for residential use at the density called for in the Comprehensive Plan as currently amended. This would translate to significantly more overall housing units than would be developed in the area should something similar to the most recent plan for the Kensington project be implemented. The end result, according to Mr. Byers, is that with signalization, the Dodd Road and Mendota Heights Road intersection could operate at a very high level of service at build -out as indicated by Ken Anderson. While developments in Eagan and the implementation of travel management plans will have an effect on what the exact level of service will be, the proposed neighborhood center does not represent a significant deviation from what was anticipated in terms of the overall traffic conditions for the area. Nor would the Center result in the need for any changes to planned roadway improvements in the area including the signalization of the Dodd Road and Mendota Heights Road intersection. In summary, we believe that the conclusions reached by Mr. Anderson regarding the impact of the proposed Mendota Heights Neighborhood Center on traffic conditions in the area are reasonable. CITY OF MENDOTA HEIGHTS MEMO January 30, 1991 TO: Mayor, City Council and City Administ FROM: James E. Danielson, Public Works Dir Kevin Batchelder, Administrative Assist SUBJECT: CASE NO. 90-39: Putnam - Comprehensive Plan Amendment DISCUSSION At their November and January meetings, the Planning Commission conducted public hearings to consider Mr. Putnam's request for a Comprehensive Plan Amendment to accommodate a neighborhood commercial center at a site on the southeast corner of Mendota Heights Road and Dodd Road. The Planning Commission closed the public hearing and voted on a recommendation at their January meeting. Mr. Putnam has informed the City he is unavailable to attend the February 5, 1991 City Council meeting, as he will be out of town. He has requested that the City Council continue the scheduled public hearing until the February 19, 1991 City Council meeting (see attached letter). ACTION REQUIRED If Council desires to grant Mr. Putnam's request, they should pass a motion continuing the public hearing until 8:00 o'clock P.M. on February 19, 1991. JED/KLB:kkb R. A. Putnam and Associates, Inc. 2765 Casco Point Road, Wayzata, Minnesota 55391 • Off. & Fax (612) 471-0573 January 30, 1991 Mr. James Danielson Public Works Director City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Neighborhood Center = Dodd & I-494 Dear Mr. Danielson: Please ask the city to postpone consideration of the Comprehensive Guide Plan -changes, from the February 5th meeting to its second meeting in February. I will be out of town and cannot attend the February 5th meeting. Thank you very much. c' Sincerely, Dick Putnam CITY OF MENDOTA HEIGHTS MEMO TO: Planning Commission January 17, 1991 FROM: James E. Danielson, Public Works D Kevin Batchelder, Administrative Ass). SUBJECT: Continued Hearing DISCUSSION CASE NO. 90-39: Richard A. Putnam Associates Minor Comprehensive Plan Amendment The Planning Commission conducted a public hearing at their November meeting to consider an application from Mr. Richard A. Putnam or R.A. Putnam Associates, to amend the City's Comprehensive Guide Plan at the Northeast corner of Dodd Road and I-494 from HR PUD to NB PUD. Mr. Putnam owns a ten (10) acre site that he desires to develop in two five (5) acre phases, the westerly five (5) acres to be immediately developed as a neighborhood convenience center and the easterly five (5) acres later as an elderly facility. Currently at this time, Mr. Putnam is pursuing a Comprehensive Plan Amendment only as a land use policy decision for the City. The November Planning Hearing was continued for the following reasons: 1. To allow time for the applicant to complete a traffic study. 2. To allow the City of Eagan and MnDOT to provide written documentation on future development and highway plans. 3. For the applicant to submit more details regarding signage and lighting. A traffic study has been submitted by the applicant and the planner's report reviews the traffic study. Both MnDOT and the City of Eagan were requested to submit, in writing, descriptions of future plans for development and any resulting highway modification that may occur as a result of the development. Mr. Dale Runkle, Eagan Planner, has not yet responded. See attached letter from Mr. Dick Elasky, MnDOT Planner. In addition to the above, Commissioner Duggan requested that a City Attorney's opinion be obtained regarding Mr. Putnam's status on tonight's agenda, based on his involvement in the Centex lawsuit. Both the City Administrator and the City Attorney feel that it would be inappropriate not to consider Mr. Putnam's application. The Planning Commission should objectively consider this application as a separate and distinct application that has no bearing with any other pending application. Although Mr. Putnam will be unable to attend this meeting, see attached letter, he is requesting that the Planning Commission act on his application this evening despite his absence. ACTION REQUIRED Conduct the continued public hearing and make a recommendation to the City Council on Mr. Putnam's request for a Comprehensive Plan Amendment. JED/KLB:kkb January 17, 1991 R. A. Putnam and Associates, Inc. 2765 Casco Point Road, Wayzata, Minnesota 55391 • Off. & Fax (612) 471-0573 Attention: Jim Danielson City of Mendota Heights Planning Commission Chair and Members 1101 Victoria Curve Mendota Heights, MN 55118 Re: Neighborhood Center Dear Commission Members: I am unable to attend your January 22, 1991 meeting as I am out of town. At the November meeting the commission asked that we complete the traffic study and look at the lighting and signage plans. The traffic study by Traffic Engineer Ken Anderson is provided for your review. The lighting and signage plans and other specific design plans will be completed if the city determines a requested Comprehensive Guide Plan is appropriate. The requested city action is to change the guide plan 'rather than rezoning or site plan changes.. I believe the information provides a basis upon which the commission may make a recommendation to the City Council. If the Planning Commission desires additional information -needed to consider the guide plan change,hyou »may wish -to continue action to your next meeting; If the commission believes they have adequate information to make a recommendation to the City Council, I believe that is an appropriate action for the January 22, 1991 meeting. I am sorry to be unavailable for this 22nd meeting, however I hope there is adequate information for a commission action. Thank you for your consideration. Sincerely, V6-4eAp__A", Dick Putnam cc: M. Grant S. Patrick TEAFFIIC II4UPACT TUY MENDOTA HEIGHTS NEIGHBORHOOD CENTER R.A. PUTNAM A ASSOCOATESP ONC. ANDERSON ENGINEERING Transportation and Traffic Engineers 25777 Dupont Ave. So. Eiko, Minnesota 55020 612 461-2515 ANDERSON ENGINEERING Transportation and Traffic Engineers November 27, 1990 Mr. Timothy G. Malloy Dahlgren Shardlow & & Urban, Inc. 300 1st Avenue North Suite 210 Minneapolis, Minnesota 55410 RE: R.A. Putnam & Associates Mendota Heights Neighborhood Center Traffic Impact Study Dear Mr. Malloy: Mr. Richard A. Putnam has commissioned Anderson Engineering to evaluate the probable traffic impacts of a proposed mixed use neighborhood center on a 10.3 acre site, located in the southeast quadrant of Mendota Heights Road and Dodd Road (TH-149). Mr. Putnam has proposed that the city allow him to develop a 17,390 square foot, neighborhood oriented retail/commercial center with an adjoining 6,650 square foot office building, and a 5,680 square foot daycare center as detailed in his transmittal to the city dated October 12, 1990. The easterly half of this parcel is proposed for future development as an elderly/retirement housing area. A similar proposal was presented jn 1987 and was not approved by the City Council. Concern was expressed in 1987 that the site could become a precedent for other commercial development requests in the southeast area. Subsequent development, and commitments for development, have greatly reduced that potential and it is now appropriate that the City re-examine this site to provide necessary services for neighborhood residents. Concern was also expressed in 1987 that traffic generated by a commercial center at this location might intrude on neighborhood streets in the residential community. Anderson Engineering has evaluated the probable intrusion of traffic on Mendota Heights Road east of the site to estimate the impact of this proposal on neighborhood traffic volumes. 25777 DUPONT AVE. SO. ELKO, MINNESOTA 55020 612 461-2515 ENGINEER'S CONCLUSIONS The proposed neighborhood center can be expected to generate 2,240 inbound and 2,240 outbound trips per day at full development potential. The bulk of this traffic will utilize the portion of Mendota Heights Road between Westview Terrace and Dodd Road. Westview Terrace does not provide continuity beyond the existing bridgeview residential area, and we do not anticipate any traffic intrusion to the north. We do expect that the neighborhood center will increase traffic on Mendota Heights Road east of the center by approximately 345 trips each way on an average day. These trips will disperse into the neighborhood with origins and/or destinations among the residences in the Mendota Heights southeast area community. We expect that the impact of this proposed development will be significantly lower than the traffic impacts anticipated by the Dahlgren Shardlow & Urban/Jack Anderson study of the southeast area which was conducted in 1985. That study anticipated commercial development of the proposed site and anticipated traffic volumes on Mendota Heights Road as high as 8,462 cars per day at Huber Drive. We expect that traffic on this segment of Mendota Heights Road should not exceed 3,000 vehicles per day by the year 2010. This expectation anticipates full utilization of this site as proposed plus completion of the Kensington Development east of the proposed site. A caveat should be noted. Intense development south of Interstate 494 (in the City of Eagan) will provide significant traffic demands on the portion of Dodd Road between Interstate 494 and TH-55. Since that development area has access to Mendota Heights Road via Delaware Avenue, the city could begin experiencing circulation traffic flow through the neighborhood. Eventual construction of a traffic signal at Mendota Heights Road and Dodd Road will make that an attractive alternative route for drivers who are frustrated by congestion south of the freeway. From a traffic engineering standpoint, the proposed Mendota Heights neighborhood center should be considered as a favorable development since it provides convenient shopping and business opportunities for neighborhood residents who must otherwise travel longer distances to reach these services. Traffic generated by this proposed development can comfortably be accommodated using the existing roadway and intersection system and should not require further infrastructure development to accommodate the anticipated traffic flows. ANTICIPATED TRAFFIC GENERATION The proposed Mendota Heights neighborhood center is a composite development, comprised of a convenience store/motor fuel station; neighborhood oriented convenience commercial buildings; an office building and a daycare center. Evaluation of the potential traffic generation requires an estimate of daily and peak hour trips generated by the complex and a further evaluation of peak hour trips by segregating this traffic into three categories: 2 Destination Trips: These are trips made by drivers whose sole purpose is to travel from home or office to the center and return. A trip to the convenience center for a gallon of milk would be counted as two destination trips. (This development will generate new traffic in the form of destination trips.) Diverted Trips: Located adjacent to the freeway, this center can be expected to attract trips which would be diverted from the freeway. For example, someone who might exit the freeway to pick up a child at the daycare center would be counted as two "diverted trips" (one trip from the freeway to the center and a second trip from the center back to the freeway). This traffic will increase volumes on the portion of Mendota Heights Road between the center and Dodd Road and on Dodd Road in the interchange area. Pass -By Trips: A high percentage of the peak hour trips entering and leaving the neighborhood commercial center will be comprised of traffic which already uses the roadway system. Drivers who stop for gas on the way to work in the morning are already present in the traffic flow and do not contribute additional street traffic volume. Traffic estimates for composite, mixed use developments must also consider the impact of multi -destination trips. Since the neighborhood center will have an internal circulation system, an office employee could pick up his child at the daycare center, stop for gas and eat a meal at the convenience center before generating any traffic movements on the driveway or the street system. To account for these internal trips, peak hour traffic volumes have assumed a ten percent reduction in trip generation for each of the secondary development uses. Convenience Center: Based on a recent study of ten convenience stores with gas pumps, conducted on behalf of the Retail Grocers Association of Florida (transportation characteristics of convenience stores with gas pumps, William E. Tipton, Sr. and William E. Tipton, Jr., ITE Journal, June 1990), we anticipate that a convenience center with approximately 2,500 square feet of floor area and. four gas pumps will be developed as part of the 17,390 square foot commercial building area. The expected traffic generation from this retail facility will be: 2,500 Square Foot Convenience Center Estimated Trip Generation Inbound Outbound Total Daily Trips (ADT) 1,060 1,060 2,120 Morning Peak Hour (AM—PH) 60 60 60 Afternoon Peak Hour (PM -PH) 70 70 140 The study found that during the afternoon peak hour approximately 76% of convenience store traffic is comprised of pass -by trips. During off peak periods, the percentage of pass - by trips dropped only slightly to 69%. 3 Retail Commercial Facility: The Institute of Transportation Engineers Publication "Trip Generation" (4th Edition, 1987), land use category 820, "shopping center", provides a series of regression formulas to estimate vehicle trip generation from a variety of commercial development complexes. "Trip generation" has five studies of centers in the 14,500 square foot to 15,500 square foot range which display trip generation characteristics ranging from 125 to 345 trips per thousand square feet. Based on the ITE regression formulas, we anticipate the following traffic volumes from the remaining 14,870 square feet of commercial buildings in this center: 14,890 Square Foot Neighborhood Shopping Center Estimated Trip Generation Inbound Outbound Total Daily Trips (ADT) 1,080 1,080 2,160 Morning Peak Hour (AM—PH) 40 15 55 Afternoon Peak Hour (PM -PH) 115 115 230 Based on the ITE studies, we estimate that approximately 50% of the shopping center trips will come from pass -by traffic. Approximately 10% of the shopping center trips will be diverted from the freeway and the remaining 40% will be destination trips from the neighborhood. Office Building: "Trip generation" also provides estimates of traffic generation for office buildings ranging in size of up to 100,000 square feet of floor area, (land use category of 710). Based on the regression formulas presented in "trip generation", we anticipate the following trips from the proposed 6,650 square foot office building: 6,650 Square Foot Office Building Estimated Trip Generation Inbound Outbound Total Daily Trips (ADT) 90 90 180 Morning Peak Hour (AM—PH) 15 5 20 Afternoon Peak Hour (PM -PH) 5 15 20 We anticipate that all of these trips will be destination trips rather than diverted or pass -by trips. Studies indicate that approximately one-third of the trips will be generated from the residential area surrounding the site, with the remaining two-thirds oriented to and from the freeway. Day Care Center: Preston W. Hitchens, Jr. presented a paper at the 1990 Institute of Transportation Engineers annual meeting reporting the results of his research into trip generated characteristics of daycare centers. The following estimated traffic generation is based on the results of Mr. Hitchens research: 4 5,680 Square Foot Day Care Center Estimated Trip Generation Daily Trips (ADT) Morning Peak Hour (AM—PH) Afternoon Peak Hour (PM -PH) Inbound 140 30 30 Outbound 140 30 30 Total 280 60 60 These studies found approximately 24% of trips to the daycare center were primarily for the purpose of dropping off or picking up a child with return trip to the home. The remaining 76% were divided between travelers who passed by the center and those who diverted their trip (principally, home to work or work to home trips) to reach the center. Our analysis presumes that 76% of the peak hour trips were oriented to and from the freeway and that the remaining 24% were dispersed through the neighborhood. SITE ACCESS TRAFFIC The proposed Mendota Heights neighborhood center will be developed with two driveway accesses onto Mendota Heights Road; one opposite of Westview Terrace and a second access between Westview Terrace and Dodd Road. The following estimated traffic volumes and turning movements have been prepared by combining the above traffic generation projections (after reducing the convenience center, office building and daycare center volumes by 10% to account for internal circulation trips). These estimates indicate that the proposed development will generate 2,240 inbound trips plus 2,240 outbound trips per day at full development occupancy. Site Access Driveways Estimated Daily Traffic Volumes Development Retail Space (14,980 sq. ft.) Convenience Center (2,500 lg. ft.)* Office Building (6,650 sq. ft.) * Daycare Center (5,680 sq. ft.) Anticipated Driveway Volumes Inbound 1,080 955 80 125 2,240 * Volumes reflect internal circulation between developments. Outbound Total 1,080 2,160 955 1,910 80 160 125 250 2,240 4,480 Peak hour volume estimates show that the center will generate 135 entering plus 100 exiting vehicles during the morning peak hour and 210 entering plus 220 exiting vehicles during the afternoon peak hour. These volumes and turning movements are depicted on Figure 1. 5 difilliti 176,— DODD ROAD (T.H. 149) ca aunsid 33s) -518 WESTVIEW TERRACE setuntoA INV setunioA Yid 0 0 0 0 Igor* -u' Date MENDOTA HEIGHTS NEIGHBORHOOD CENTER for; S.A. PUTNAM & ASSOCIATES. INC. ANTICIPATED PEAK HOUR DRIVEWAY VOLUMES ANDERSON ENGINEERING Transportation and 7005o Engineers 25777 Dupont Ave, $o. Elko, Minnesota 55020 612 461.2515 Filo No. 90-021 Development Retail Space * Convenience Center Office Building * Daycare Center Anticipated Driveway Volumes Destination Trips Diverted Trips Pass -By Trips Site Access Driveways Anticipated Peak Hour Volumes AM Peak Hour PM Peak Hour In Out Bound Bound In Out Total Bound Bound Total 40 15 55 55 55 110 15 5 20 25 25 50 135 100 235 (85) (50) (100) * Volumes reflect internal circulation between developments. 115 115 230 65 65 130 5 15 20 25 25 50 210 220 430 (140) (70) (220) Evaluation of peak hour trips finds that 85 of the morning trips (36%) and 140 of the afternoon trips (33%) are "new trips" generated by the development. An additional 50 morning trips (21 %) and 70 trips in the afternoon (16%) will be attracted from the freeway. These "Diverted Trips" will produce additional traffic on Dodd Road and on Mendota Heights Road between the center and the freeway. However, they will not impact the other street segments serving the southeast area of Mendota Heights. The remaining 100 trips during the morning rush hour (43%) and 220 trips during the afternoon (51 %) represent trips by local drivers who are already on the street and who interrupt their trip with a stop at the neighborhood center. These trips will alter the traffic pattern in the Mendota Heights Road/Dodd Road intersection, but will not add additional traffic to streets in the southeast area. PROBABLE TRAFFIC IMPACTS The City of Eagan commissioned a study of the Dodd Road and 1-494 interchange area in 1989. That study utilized Metropolitan Council year 2010 forecast trip generation and dispersion data and included traffic from the Northwest Airlines facilities and other proposed developments south of 1-494. It should be noted that the Metropolitan Council year 2010 forecast assignments for traffic assignment zone 557 (the Mendota Heights southeast area) anticipated 9,737 trips from that zone. This number is approximately 28% higher than the year 2000B study which was criticized in the 1985 Jack Anderson report as being unrepresentative of the anticipated trip generation from the southeast area. The 2010 assignment does retain the extremely high orientation to Dodd Road and 1-494 (74% of the zone generated traffic) which was also challenged by the 1985 study. 7 The Eagan study represents a conservatively high or "worst case" assignment of traffic to the Mendota Heights Road/Dodd Road intersection. Peak hour assignment volumes from the Eagan study are shown on Figure 2. Trip assignments for the Mendota Heights neighborhood center have been superposed on the Eagan study volumes to provide an estimate of peak hour traffic volumes and turning movements at this intersection after construction of the proposed development. These volumes are also shown on Figure 2 for comparison. The Eagan study found that Mendota Heights Road/Dodd Road intersection will operate at a very high level of service (LOS—A) during both peak hours. Although the eastbound approach volumes on Mendota Heights Road will be higher after construction of the neighborhood center, these movements are not critical to capacity determination of the intersection. Therefore, we do not anticipate any appreciable reduction in capacity due to construction of this neighborhood center. Because of the strong orientation of this center to 1-494, there will be an increase in traffic through the traffic signals at the freeway ramp terminal intersections with Dodd Road. The Eagan study indicated that the north ramp terminal intersection will operate at a level of service D during the afternoon rush hour. The proposed development will provide an additional 45 vehicles to the southbound traffic flow on Dodd Boulevard during the afternoon rush hour. This represents an increase of 1% to 2% for the critical ramp intersection movements. This increase should not cause any measurable deviation from the proposed operating level of service in the interchange ramp terminal areas. The 1985 Mendota Heights study estimated traffic volumes on Mendota Heights Road under various scenarios ranging from a low density of development to a relatively high development density. The segment of Mendota Heights Road from Dodd Road to Delaware Avenue was anticipated to carry volumes ranging from just under 4,000 to almost 9,000 trips per day under full development scenario. The higher estimates anticipated higher densities of development, including commercial development of the proposed neighborhood center site. Traffic counts conducted by the City in April of 1990 indicate a traffic flow of 1,017 vehicles per day immediately east of Dodd Road. Additional development of the Kensington area and the potential development of an elderly/retirement housing area immediately east of the proposed neighborhood center will undoubtedly increase these traffic counts. We anticipate that construction of the neighborhood shopping center will result in an increase of traffic on Mendota Heights Road east of the center by approximately 690 vehicles per day. Since much of the remaining residential area has been developed to very low density, we do not anticipate that traffic volumes east of Westview Terrace will exceed 3,000 trips per day. The Metropolitan Council hierarchy of street classifications identifies streets carrying less than 1,000 trips per day as local, land service facilities. Streets with traffic volumes of 1,000 to 8,000 trips per day are generally a constructed as two lane collector and/or arterial streets based on various trip length criteria. Engineering standards direct that two-lane streets can comfortably accommodate up to 4,000 trips per day. Traffic volumes in the 4,000 to 8,000 range can be accommodated on two -lanes with minor intersection modifications at high volume turning locations. Using these criteria, the existing roadway segment of Mendota Heights Road can comfortably accommodate the anticipated traffic volumes without any need for special traffic control and/or intersection improvements. 8 The existing 44 foot wide roadway on Mendota Heights Road can be restripped, if appropriate, to provide a westbound left turn lane at the Dodd Road intersection while retaining single -lane eastbound and westbound operation. Traffic volume assignments do not indicate the need for turn lanes at this time. However, if the Mendota Heights Road/Dodd Road intersection is signalized, the City should consider the addition of painted, left turn lanes on both sides of the intersection to improve traffic flow and to reduce the signal time allotment for Mendota Heights Road, to provide additional capacity for the intersection. 9 00/00 �PM AM mama NORTH Volume Volume 35/125 10/35 70/295 0 O O r amilmmilimmmm=001°111.,..) 35/125 20/40 65/295 0 N O L'; 1 o I � 10/10 —�— 25/25 10/10 MENDOTA HEIGHTS ROAD 0 N ANDERSON Transportation and 25777 Dupont Ave. So. Elko, Minnesota 55020 ENGINEERING Traffic Engineers 612 461-2515 EAGAN DODD ROAD/I-494 YEAR 2010 STUDY CC v"' L Beeed "$°t 15/55 -�--- 25/40 70/55 MENDOTA HEIGHTS ROAD L° IEAGAN DODD ROAD/I-494 w 1 YEAR 2010 STUDY w/ MENDOTA HEIGHTS NEIGHBORHOOD CENTER MENDOTA HEIGHTS NEIGHBORHOOD CENTER for: R.A. PUTNAM & ASSOCIATES, INC. INTERSECTION VOLUMES Figure 2 PLANNING REPORT DATE: 23 October 1990 CASE NUMBER: 90-39 APPLICANT: R. A. Putnam & Associates Inc. LOCATION: Southeast corner of Mendota Heights Road and Dodd Road ACTION REQUESTED: Comprehensive Plan Amendment PLANNING CONSIDERATIONS: 1. The applicant has submitted drawings for a PUD for a mixed use commercial/multi-family; elderly: housing, development to be built in the southeast quadrant of Mendota Heights Road and Dodd Road. The PUD process allows an applicant to review a development proposal with the Planning Commission prior to submitting an application. This review is called the PreApplication Conference and is intended to offer an opportunity for the 'Commission :to give informal advice and guidance to the applicant before they make substantial investments In the project. Typically, this meeting will. involve general comments regartUng whether the proposed project is consistent with the City's Intent for the subject property and any concerns the Commission may have regarding the broad issues related to the proposal 2. The commercial portion of the. proposed development would require an amendment to the Comprehensive Plan. The current Comprehensive Plan which was amended in 1989 designates this property for high density residential use, HR -PUD. In order to accommodate the uses proposed on the site plan for the Mendota Heights Neighborhood Center, roughly the western half of this. 10 -acre site would have to be redesignated. The- western most 2.4 acres would be designated NB -PUD to allow neighborhood type -retail uses. The central 2.1 acres of the property, which contains the office building and day care center, would be redesignated LB -PUD. • In addition to the Comprehensi. ve Plan amendment, the western 2.4 acres, or retail portion of the !project, would require an amendment to the zoning ordinance. The zoning ordinance amendment would involve creating a neighborhood business NB -PUD District similnr to the LB -PUD District created previously. Once created, the retail portion of the site will have to be rezoned. to this district in order to allow neighborhood retail type uses. In addition, the rest of the property will also have to be rezoned. The area designated for future elderly retirement housing would have to be rezoned for HR -PUD in accordance with the current Comprehensive Plan. The. portion of the site that includes the day care center and office building would be rezoned to LB -PUD. The Conditional Use Permit is required as part of the PUD process within the Zoning Ordinance. • • • At this point the applicant is: requesting only the Comprehensive Pian amendment for the commercial portion of the project. The remainder of this report will focus on the issues related to allowing commercial development versus multiple residential on the western half of the property nearest Dodd Road, as: indicated on the site plan. 3. In 1984 the City commissioned a • study, which was conducted by our office, to examine the land Use pattern in the southeast portion of Mendota Heights. The study for the Southeast Area, as it has come to be known, included several alternate land use scenarios based an different land use densities. At that time the issue of commercial use at the intersection of Mendota Heights Road and Dodd Road was examined and one of the alternate land use concepts showed neighborhood commercial on the property naw being proposed for a neighborhood center by Mr. Putnam. 4. We believed then, as we still do, that considering the number of residential units that are planned for the Southeast Area, many of which are now built, it makes a great deal of sense to provide the area with a neighborhood commercial center. Clearly, if convenience commercial is to be provided In this part: of the City, the southeast quadrant of Mendota Heights Road and Dodd Road is the most appropriate -location for several reasons. First, the property is located at the intersection of two major thoroughfares which, when development is completed in the surrounding area will provide the necessary traffic to support commercial establishments. Much of the traffic that exits the Southeast Area will do so via the Mendota Heights Road to Dodd Road route due to the access to 1-494 and I -35E in this direction. As a result, this intersection offers an excellent: Location for a convenience commercial stop. The nearest convenience oriented retail fariiity within the City is located approximately 1-1/4 miles north of the subject property at Dodd Road and Hwy 110. The physical characteristics of this property also correspond more to commercial use. For example; the western 5 acres has a relatively shallow north/south d'unension. : The property measures roughly 300 in depth on the east side to approximately 275 feet an the west side adjacent to Dodd Road; 300 feet is a common dimension for commercial Tots. Whereas, double loaded residential land is generally 350 feet or greater in depth, including the • public street ROW. The economics of development are more favorable for commercial development when a single loaded or limited access road is required. In this case, the site can be developed for commercial use with no additional public roadway construction. Another factor related to the appropriateness of the western 5 acres for commercial use relates to the ; noise generated by the traffic on the adjacent roads. This is particularly significant when we consider the exit and entrance ramps for 1-494, which are located adjacent to the south edge of the subject property. The frequent acceleration and decceleration of trucks that occurs on these ramps makes this property much less desirable for residential use than the rest of the land to the east. Since the land is relatively narrow it would be difficult to develop a plan that provides the number of residential units necessary to make development economically feasible and still provides the room necessary to adequately buffer these units from the noise generated on the adjacent ramps. Since most of the acceleration and decceleration occurs within 150 to 200 feet of the Dodd Road interchange, even the portion _.of this site designated: for future elderly/retirement housing on the site pian is significantly better for residential use than the narrow property directly east of Dodd Road. 5. When the Southeast Area Study was conducted there was a concern on the part of the Planning Commission and Council that if commercial uses were allowed in the southeast corner of Dodd Road and Mendota Heights Road the door would be open to the possibility of commercial uses migrating to the north :side of Mendota Heights Road. This concern has now been eliminated by the recent addition of the Brighton Shores development that .is being built in the area north of Mendota Heights Road. The concern -here is whether the proposed neighborhood center will create problems for this single-family residential development. 6. With respect to the issue of the proposed neighborhood center's compatibility with the general : residential character of the surrounding area and particularly the Brighton Shores development, there are several factors to consider. The scale of the project; the physical appy, the type of uses contemplated,'. and the anticipated traffic volumes are among the principal concerns.. To begin, I would characterize the proposed center as a moderate to small facility with upscale architecture of. a residential character. Basically, the idea is to take a small strip center and divide :it Into several buildings with walkways between them.... This creates .a more residential feel and makes the center more attractive to pedestrians by creating interesting spaces between the buildings. The total square footage of the proposed buildings, including the office and day care facilities, is less than 30,000 square feet. This translates to approximately 15 percent building coverage (not including the canopy over the gas pumps). A typical, moderate sized suburban strip center would be roughly 60,000 square; feet of gross building area. The best comparison for scale Is the neighborhood center proposed by Mr. Jahn Duffy for the southeast quadrant of Lexington and Highway 110. This center, though approved last year, has still not been built., but it was proposed to include a retail strip center of approximately 25,000 square feet, not including the service station. We believe the scale of the proposed center is appropriate far the area. The architecture of the proposed Mendota Heights Neighborhood Center, as iiiestrated by the elevation :drawings, is very attractive and clearly goes beyond the typical neighborhood center in terms of making an effort to integrate with the surrounding neighborhood. Sime this site is at one of the entrances to the' City, such a project would further the City's reputation for quality development. At this point little is known about the type of uses intended for the retail portion of the center, other than the fact that a convenience oriented food and fuel type retail establishment is to occupy the western most building. This is 'one of the issues that will need to be discussed at the meeting. The traffic generated by such :a center depends largely on the types of uses. Since the specific uses are not known, it is difficult to comment on the frequency of turnover, which is crucial to determining the traffic flow. The principal concern regarding the traffic from this. center is the potential impact on the .Dodd Road and Mendota Heights Road intersection. There has been much discussion of the traffic issues associated with this intersection as a result of the Kensington project, which is located east of the subject property. - The Southeast Area Study included a traffic analysis that was prepared by Jack Anderson, a respected traffic engineer in the Metropolitan Area_ In that study, Mr. Anderson concluded' that while Mendota Heights Road has ample capacity, the intersection with Dodd Road would eventuajly require modifications to increase capacity under any development scenario. This would exceed the density of the current zoning. These modifications would include a traffic signal and pups additional turn lanes as needed. Clearly, :the future traffic conditions at this intersection depend largely on the future of the multi -family housing proposed for the area south of Mendota Heights Road. The neighborhood center proposal includes 173 parking stalls, which conforms to the number required by the Ordinance. The day care facility and the convenience/fuel store are both relatively high turnover uses that have similar peak hours for traffic, those being the morning and evening rush hours when . people are going to and from work. However, these uses are at opposite ends of the development and would utilize different access drives.. In addition, we feel there would be some sharing of traffic In the sense that people would be likely to drop off their children and then get gas etc. The site plan has some problems with internal circulation, particularly for fuel tanker trucks that will need to get back to the gas pump area in the southwest corner 'of the property. An.- additional concern related to traffic from the proposed center involves the eastern entry drive : that Is located directly across from the new, residential street that serves the Brighton Shores development_ This may result in same traffic exiting the proposed .center and heading north through the residential area. One factor that should help reduce this problem is that the highest turnover else, the convenience store, is located at the far west side of the site and most of the traffic utilizing this facility will access the site via the driveway closest to Dodd Road. The proposed plan has other circulation problems that would need to be worked out should the process move forward. 7_ There are many details that would . need to be refined before the project could be approved. However, the focus of our review at this stage in the process is whether a commercial use is appropriate in this location and justifies an amendment to the Comprehensive Plan. We believe that the site's physical characteristics, its proximity to the intersection of two major .thorotighfares and the freeway ramps, and its location within a growing residential area make it an excellent location for a neighborhood/convenience oriented commercial facility. - We also feel that because this site is situated at an entry to the City, it should be an attractive and well thought out project. What we have seen so far, as represented by the drawings submitted by Mr. Putnam, indicates that he is interested in developing a high quality project which would make a handsome addition to the community. • '.10/0 c.0) .117,z .fn 0 . 114•••00, .24 I`Pifil '479* Cte •11.00,,,*o lit. q; `r� 4..rp,�if°'vow ' tot, 1 4' mac,' o 4 X14 �a /`��: �q�9 n • `fit t8 4 o0' i 9 3 83 Az2t79a , 983.02 AZ,r359023`a4" 24 Y a co) sf C>13 S z ' � r ^I I � I ..- ,.. r$. • ': '` ! !1• ti 1 •.1 1 F ' + '. "! ' ill 'G t 9r :s 1rf r.n.. r.+..•• :: tt:4. ..'J�; I_• City of 112.11.11,1i, Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Date of Application 10- 0- ge Fee Paid An REG" Applicant Name: _F•A • Fi5in44 e . px:/eolz.) 6171— e3-1-2 (Last) (First) Address: 'Z7&" 6,14.6c2 P.4i,ti"T" gie%3447 1/iKrZ47c it') -1 (Number & Street) (City) (State)(Zip) Owner Name: (Last) Address: First) (Number & Street) Street Location of Property (City) (State) (Zip) Question: 42F 7);42 Legal Description of Property: Type of Request: Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. Plan Approval _ Comprehensive Plan Amendment Applicable City, Ordinance Number Present Zoning of Property 1Z Present Use Variance Subdivision Approval Wetlands Permit Other (attach explanation) Section Proposed Zoning of Property M17 Proposed Use 11/4-)a- 1 hereby declare that all statements made in this request and on material are true. e additional e of Applicant) 1? -41(68/C-44 ,b9 --/e9 —9t2 (Date) (Received by - Title) 1101 Victoria Curve • Mendota Heights, MN • 55118 452-1850 MENDOTA HEIGHT; NEIGHBORHOOD CENTEI MENDOTA HEIGHTS ROAD AT DODD ROAD • DEVELOPER R. A. PUTNAM AND ASSOCIATES • SCHWARZ/WEBER ARCHITEC R. A. Putnam and Associates, Inc. 2765 Casco Point Road, Wayzata, Minnesota 55391 • Off. & Fax (612) 471-05' October 12, 1990 Mayor and City Council Members Planning Commission Members Park and Recreation Commission Members City of Mendota Heights Re: Proposed Comprehensive Guide Plan Revision for approximately 5 acres as the southeast quadrant of Dodd Road, and Mendota Heights Road intersection. Proposed Guide Plan Revision: Revise the Southeast Area Plan for the 5+ acre area between I-494 ramps and Dodd Road and Mendota Heights Road from High Density Residential to Neighborhood Service Commercial. Applicant: Richard Putnam, President, R.A. Putnam and Associates, Inc., 2765 Casco Point Road, Wayzata, MN 55391 Property Owners: The 10.3 acre site was purchased by R.A. Putnam and Associates, Inc. from Opus Corporation in November, 1988. Ladies and Gentlemen: I am requesting your consideration of a guide plan change for the purpose of allowing R.A. Putnam and Associates, Inc. to develop a quality neighborhood service and convenience center to serve the Southeast Neighborhood of Mendota Heights. Over the past 4 years we have worked together in preparing conceptual plans, detailed P.U.D./zoning and plats for over 300 acres of this neighborhood. Together we have created quality residential neighborhoods such as: Copperfield and Hampshirc and the new, multi -family development at Kensington and future Kensington single family. The park and open space systems in the neighborhood provide small children tot lots to community athletic fields, excellent bike and pedestrian trail system and protection of beautiful scenic wetland/pond areas. I am very proud to have been a part of this neighborhood's planning and development. The public and private enterprise cooperation has solved many issues as detailed as street design standards and sidewalks to major issues such as the acquisition and development of the community and neighborhood parks. Mendota Heights can be proud of the planning and development of the Southeast Neighborhood. City of Mendota Heights October 20, 1990 Page Two Dodd Corners Proposal Beginning in 1985, Tandem Corporation has had an interest in the 10.3 acre site, then owned by Opus Corporation. In 1987 Tandem submitted a P.U.D. and guide plan changc request for a 5 acrc neighborhood convenience center on this site. Thc staff and Planning Commission recommended approval of thc Southeast Arca Plan revision to include a 5 acre neighborhood center at this location. At the same time, School District 197 was selling a portion of its 80 acre site north of Mendota Heights Road, adjacent to our site. The timing of our guide plan change and the pcnding salt of the school's land was a valid reason for some Friendly Hills resident concern about the low density residential use of the school land behind their homes. Thc City Council used its best judgment in weighing thc Planning Commission and staff recommendations, our developmental proposal and the conccrn about thc guide plan change upon the future land use and sale of the school district land. Thc council voted to deny the proposed guide plan change. 1989 Neighborhood Context Since the denial at the Dodd Corners plan, much has happened in the Southeast Neighborhood, for example: - Copperficld 4 phases are nearly complete with about 200 homes. Hampshire Estates is completing its final phase with a total of 60 homes. Thc natural pond/park and scenic casements in Copperficld have worked well around the ponds. Thc King-Ilagstrom park is dedicated and developed and will be used next year. The first Park Bond Referendum in 1988 was defeated - which called for purchase of community athletic fields on part of thc Kensington site. The School District did sell about 40+ acres of its site to Marvin Anderson Homes. The Bridgeview Shores single family development is a quality neighborhood with construction of homes in thc easterly 1st phase of thc project. Centex Corporation and R.A. Putnam & Associates purchased 120+ acres from Jim Riley. The site extends from Delaware Avenue to the Patrick/Clark properties and from I-494 to Mendota Heights Road. Centex/Putnam have prepared a PUD development plan for Kensington which provides about 560 multi -family and single family units. The Concept Plan has been approved by the city and the lst phase of 136 manor home condos is currently under construction. City of Mendota Heights October 20, 1990 Page Three Centex/Putnam have worked with the park study committee, staff and city commission to develop a plan for Kensington that provided dedicated land for a community and neighborhood park. The voters approved a Park Bond Referendum in August with funds for development of city parks including the Kensington Park. Steven Patrick (old P. Butler property) has received city approval for single family houses on his and Irving Clark's land between Kensington and the 10.3 acre R.A. Putnam & Associates site. The plan also exchanges land with Centex and includes 28 additional units for Kensington's manor homes. Mr. Patrick hopes to begin development in 1990. The road system has been completed with Mendota Heights Road, Huber Drive and Delaware Avenue connections. > I-494 was completed and opened and the Dodd Road interchange is completed. No sooncr was Dodd/I494 completed than Dakota County and Egan began a Ltransportation study "Dodd Road/I494 traffic study 1-10-89" which proposes E solutions to the anticipatcd overloading of the area roads which serve the Northwest, Wachovia and Cray Research developments south of I-494 in Egan. Final decisions are not approved. District 197 has retained a future school site at Huber and Mcndota Heights Road intersection. No firm plans are available for future use. Only one parcel of land in the Southeast Area has not been rezoned and planned for its final use - 1.3 acre site at I494/Dodd/Mendota Heights Road. Over the past 4 years the public and private sectors planning and development have established the character of the Southcast Neighborhood. Everyone may have a different opinion based upon their own background and ideas, however, I believe there are some areas of general agreement. 1. The existing homes in Friendly Hills & Delaware Crossing and the new projects provide the city with a wide variety of choice. The choice of single family homes from under $100,000 to over 1/2 million dollars is currently available. The new multi -family units in Kensington will be condo or townhouse design for sale units ranging in price from $70,000 to $140,000. 2. The park/open space system for the neighborhood will provide a full spectrum of open space activities. Two neighborhood parks, scenic natural areas along ponds and marshcs, and community athletic fields are the focal points of the Southeast Neighborhood system. The "thread" which ties these open spaces together and to the residential areas is the trail/sidewalk system. Pathways along major roads, sidewalks within residential areas and trails around ponds and through park areas provide complete pedestrian/bike access for neighborhood residents. 3. The Southcast Neighborhood is a residential area of approximately 1200 homes. A concern in 1985-87 that most of the units may be rental apartments has turned out today to be 100% for sale units and no rental apartmcnts. 16, { 111 City of Mendota Heights October 20, 1990 Page Four 4. No commercial services are currently available to neighborhood residents unless they drive north to T.H. 110 at the remodeled Mendota Plaza Center or across T.H. 110 to the convenience store or east on T.H. 110 into West St. Paul. Why the Guide Plan Revision: I believe the time is right for the city and neighborhood residents to determine the final use of this 10.3 acre site. The first step in the decision is the basic land use or guide plan decision. Discussion of specific design of buildings or landscaping should not detract from thc community planning issues involved in the pro's and con's of the proposed change. I will be thc developer and owner of the neighborhood center if approved and will prepare plans that will provide the best neighborhood center possible. Four years ago Mendota Hcights did not know me and had no basis to evaluate my track record. Today is a different story, I have been involved with all of the projects in the area except Marvin Anderson's Bridgeview Shores. I believe that my company and my partners Lyman Lumber Company and Centex Homes have been fair and responsible in our dealings with the city and residents. Let's consider the reason why a neighborhood shopping and service area make sense on this site. 1. The western end of the site is only 275 feet wide between the off ramp of I-494 and Mendota Heights Road. 2. The site is on the boundary of Zone 3 of the Airport Noise Zones. 3. The western 6+ acres was graded as part of the freeway construction. 4. The site has high visability to Dodd Road and its intersections with I-494 and Mcndota Heights Road. 5. The site is located at the entrance to the neighborhood where over 50% of the trips from within the neighborhood pass. 6. The site is buffercd or scparated from adjacent land by major roadsor the eastern 5 acres of proposed elderly or retirement housing to thc Patrick property. 7. The site is thc only remaining location to provide neighborhood services with convenient auto and pedestrian/bike access. 8. A complete residential neighborhood needs the convenience and service uses proposed for this site. 9. If elderly housing is practical use for the eastern portion of the site, ncarby service commercial is needed. •h 10. The site has a strong market area that serves the surrounding residential, employment and institutional uses. E' City of Mendota Heights October 20, 1990 Page Five 11. The site should provide a positive visual image at the entrance to the Southeast Neighborhood. 12. The greatcst benefits to the residents of the Southeast Neighborhood is realized by the site providing needed services. What arc the negative aspects of a proposed guide plan revision? • 1. That uncontrolled commercial will be the result with "truck stop" or strip commercial style development. 2. That the commercial/service use will result in significant additional traffic and congestion. 3. That the use will detract from the desirable residential character of the adjoining properties and neighborhood. 4. That the area does not need additional commercial because the T.H. 110 area is adequate. 5. That commercial use of the site is an economic liability to the city because of increased services compared to taxes generated vs. services used. 6. A commercial "truck stop" appearance or "a commercial sign forest" is a bad image for the city to allow on its freeway exposure. Summary: I believe thc city council and commission members must evaluate thc proposed guide plan change given existing conditions and the proposed neighborhood center concept. If the city approves the change I will begin specific design and planning for a PUD and rezoning application for neighbor and city review. Also, I will begin study of an elderly or retirement housing development for the remaining 5 acres. I hope the information presented provides helpful information for your review and decision-making. Please don't hesitate to ask if additional information is needed. Thank you for your consideration. Sincerely, Richard. Putnam BUILDING BUILDING A BUILDING B BUILDING C BUILDING D LY/RETIREMENT HOUSING TOTAL RETI OFFICE BUIL] DAYCARE CE TOTAL PARI ITER • HITECTS BUILD - NORTH ELEVATION BUILDING D - NORTH ELEVATION PUMPS - WEST ELEVATION OFFICE - WEST ELEVATION BUILDING C - TYPICAL ELEVATION DAYCARE - NORTH ELEVATION 5UTH ELEVATION L_ AIL BUILDING D renr-i w.tv SITE PLAN - RETAIL CENTER • October 8, 1990 �< z R. A. Putnam and Associates, Inc. 2765 Casco Point Road, Wayzata, Minnesota 55391 •Off. & Fax (612) 471-0573 To: Neighbors and property owners nearby the proposed development Dodd Road/Mendota Heights Road From: Dick Putnam, R.A. Putnam & Assoc., Inc., property owner Re: Proposed plan and meeting schedule for 10.3 acre site. Ladies and Gentlemen: I have enclosed for your information, proposal plans for the development of the 5 + acrc neighborhood convenience center south of Mendota Heights Road and east of Dodd Road. The remaining 5 acres of the site is proposed for future retirement/elderly housing. As you may remember at our May 30th neighborhood meeting, many of you asked that I do more than "show concepts" or "similar projects". You wanted to see the real plan and architecture. I have been working with Schwarz/Weber Architects and have prepared a design that I think meets our objectives. The neighborhood center is designed with a Belgian village theme, stucco, brick and wood trim details to complete the design. The center proposes six buildings including: a day care/child care, one story office/professional building, and four commercial structures grouped together. The different buildings provide a "town or main street atmosphere" rather than today's standard "strip commercial" malls. The sidewalks, plantings, trees and building architecture I believe will create an ideal entrance to the neighborhood and complement the single family homes in Bridgeview. The site is designed for convenient pedestrian access from the neighborhood trails and sidewalk system within the site. The proposal uses will be neighborhood service types: convenience grocery/gas/car wash, family restaurant, pizza shop, cleaners, video store, specialty shops i.e., ice cream, candy, gift and barbershop. The office would appeal to real estate, medical/dental, professional office and local service. As I said at our May 30th neighborhood meeting, the adjacent property owners will have a great deal to say about what the site will ultimately be used for. Today the site is zoned R -I, single family residential and is guided on the City Comprehensive Plan as HR-Pud for high density multifamily housing. I asked Marlin Grant, president of Mary Anderson Homes to carefully evaluate my site as it affects his Bridgeview Shores development. I asked that he look at the single family R-1 use, multi -family apartments or the proposed neighborhood center and future retirement/elderly plan. Mr. Grant's recommendation was the neighborhood center (if done in quality architecture) would be the best for the area. I have submitted these plans to the City for their review and action, approval or denial. The Planning Commissions will review the proposed project on their October 23rd meeting and will hold a public hearing on the project at their November 27th meeting. I expect that the Planning Commission will refer the project to the City Council for a December hearing. I hope we would know what the City Council's final decision is by the end of the year. Neighbors and property owners nearby the proposal development Dodd Road/Mendota Heights Road. Page Two If you have any questions that I may answer please call me at 471-0573 or if you have questions for the city regarding meeting times or questions for the city staff, the number is 452-1086. Please give me a call if you have any questions or comments. Sincerely, Dick Putnam Enclosure: Plans May 17, 1990 To: From: Re: 6.• I. 1 f R. A. Putnam and Associates, Inc. 2765 Casco Point Road, Wayzata, Minnesota 55391 • OMC & Fax (612) 471-0573 Property owners In the Dodd Road and Mendota Heights Road intersection area Dick Putnam, R. A. Putnam & Assoc., Inc. Neighborhood Meeting Wednesday, May 30, 1990 7:30 P.M. Mendakota Country Club Ladies and Gentlemen: I would appreciate the opportunity to discuss the future of my 10 acre site and what's in , store for the intersection area. The construction of the next phase of Bridgeview will just about complete the area except for my 10 acre site. The Highway Department is looking at ways to improve the Dodd - 494 interchange. I hope you can make the May 30th meeting to discuss some alternatives and maybe come up with some good ideas. Please give me a call if you have any questions or suggestions - 471-0573. Thank you, Dick Putnam DP/em June 7, 1990 To: From: Re: 173 R. A. Putnam and Associates, Inc. 2765 Casco Point Road, Wayzata, Minnesota 55391 • Off & Fax (612) 471.0573 Property owners In the Dodd Road and Mendota Heights Road Intersection area Dick Putnam, R. A. Putnam & Assoc., Inc. Follow-up to Neighborhood Meeting Wednesday, May 30, 1990. Mendakota Country Club Ladies and Gentlemen: I appreciated the opportunity to discuss the future of my 10 acre site and the completion of your neighborhood. I have enclosed a copy of a letter dated October 12, 1989 which explains the neighborhood commercial idea. Also a reduced copy of the proposed site plan illustrating the location of the different uses and the site layout. If most neighbors think this approach makes sense then I will proceed to ask the city to consider a comprehensive guide plan revision from high density residential to neighborhood service commercial for the westerly 51 acres of the site and retirement/ elderly on the easterly five acres. Please give me a call if you have any questions or suggcstions - 471-0573. Thank you for your interest. Sincerely, Dick Putnam DP/em From : R.A.Putnam & Assoc,Inc Tandem Corp.C612)471-0573 Sep.14.1990 01:01 PM P02 ary Anderson Homes Slnc c 1952 KC 2b Housfn !p e Th Mr. Dick Putnam R. A. Putnam & Assoc,, Inc. 2765 Casco Point Road Wayzata, Minnesota 55391 RE: Mendota Heights Property Dear Dick, September 4, 1990 Prior to sending a letter to our homeowners within Bridgeview Shores, I wanted to express my opinion with Bernie Friel and Jim Eosleban. Enclosed is a copy of a letter I received from them raising certain issues' or concerns with my letter, some of which involve items that I have no knowledge of. As you can see, they express concern as to the quality of the commercial development, even though in my letter I stated that would be a condition of our not opposing the commercial development, with the adjacent property owners being allowed to review the design, size and configuration of the commercial structures. This would be the case anyway at the city public hearing. If there is something more you can guarantee or state to put their mind at ease on this regard, that may be wise. They stated it is their understanding that the elderly housing facility is not feasible without the commercial center. Do you agree with that? They also discussed the possibility of the intersection of 494 and Dodd Road being changed and the possibility of some of your land being taken for that change. Is this something you are aware of? If so, what do you feel the chances are of that occurring? As far as I am concerned, that is an item the city and/or the county perhaps should be concerned about and addressing, rather than the individual neighborhoods. Perhaps with some of these answers from you, Bernie and Jim's opinions can be changed or at least I think it is worth trying. Sincerely, MARY ANDERSON HOMES, INC. Marlin D. Grant President MDG:lmw enc. Frorn : R. A. Putnam & Assoc, Inc Tandem Corp. (612)471-0573 Sep. 14. 1990 01:01 PM P03 August 28, 1990 Mr. Marlin D. Grant President Mary Anderson Homes, Inc. 8901 Lyndale Avenue South Minneapolis, MN 55420 Dear Marlin: We received your. August 22 letter yesterday. Unfortunately we don't agree with its conclusions and we want to convey our views in this matter to you promptly. Incidentally; we understand that Mary Anderson is not involved in the development of this site but rather that the commercial and/or elderly housing development is a project of Dick Putnam, who was recently helping Centex with its proposal for multifamily housing to the east of this site on Mendota Heights Road. If we are in error in this respect please let us know. To begin with, we don't believe that proximity to the freeway which you assign as detrimental to the property for residential use is a valid concern. There are hundreds if not thousands of homes being built adjacent to freeways in the Twin Cities metropolitan area and certainly the number goes to the hundreds of thousands across the United States --- but we don't have to go that far. The property adjacent to the subject property to the east on 494 is being developed by Mr. Patrick for residential purposes --- the area on the east side of 35-L at 110 is being developed for residential purposes and immediately adjacent to 3* -L on the west side between Marie and Highway 13 the property is being developed as a single family residential area. You suggested that a well-designed commercial and/or elderly facility would have a positive effect and would be better than a.badly-designed residential development. Certainly no one can disagree with -those conclusions, but they are, after all, conclusions badly lacking in factual support. It can just as easily be said without fear of contradiction that a well-designed and built residential area would be better there than a badly designed and built commercial and/or elderly facility. The fact that some development other than the one proposed might be worse presupposes that some other development might also be better. The subject property has been zoned residential for a long time and was initially zoned residential long after the freeway was planned to be built there. Furthermore, two other efforts to rezone this property for commercial use within the last five years have failed. From : R.A.Putnam & Assoc,Inc Tandem Corp.C612)4?1-05?3 Sep.14.1990 01:01 PM P04 Mr. Marlin Grant August 28, 1990 Page 2 One impression that's conveyed by your letter should, we believe, be corrected and that is the suggestion that elderly housing can be built without any adjacent commercial to serve it. That impression is conveyed by using the and/or connective between elderly housing and commercial. Generally speaking, it 1s our understanding that elderly housing cannot be built without being walking distance from commercial facilities. Therefore, it would not be possible as we understand it to build elderly. housing without some commercial facilities. If we are in error and you have in mind building as an alternative to commercial facilities, elderly housing without commercial facilities, we would like to know about that. Lastly, however, there has been much discussion over the past several years about the increasing serious traffic problems at 494 and Dodd Road. That /L problem continues to get more serious as building construction at the ``Northwest Airlines site moves ahead. We have heard from time to time that the Highway Department is considering a modification in. the interchange to accommodate the increase in traffic and that such a redesign of the interchange would likely take some or all of the subject property. t If this should happen after the land has been rezoned it could.have several • adverse effects. If only a part of the land is taken it could have an adverse effect on the quality of any commercial and/or elderly housing development. Furthermore, the rezoning would have the effect of making the property more valuable in a condemnation proceeding, the result of which would be to cost the taxpayers additional money in acquiring the land for the freeway interchange. 10. We certainly don't think it's a good idea to change the zoning if there is any question about the need for the land for an interchange for that would be simply providing the developer with a windfall at the expense of the 1taxpayers. '1We think we have raised in this letter some questions you may. wish to answer and we look forward to hearing from you. BPF/JL:plz ernard P. Frie Losieben CITY OF MENDOTA HEIGHTS NOTICE OF HEARING January 15, 1991 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the City Council of the City of Mendota Heights will meet at 8:45 o'clock P.M., or as soon as possible thereafter, on Tuesday, February 5, 1991, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. Richard Putnam, of R.A. Putnam and Associates, for a Minor Comprehensive Plan Amendment for the purpose of constructing a neighborhood convenience center at the following described property: All that Part of the SE 1/4 of the SE 1/4 of Section 35, which lies easterly of the center line of the Dodd Road, excepting and reserving therefrom the East 220 feet of the South 660 feet and also excepting Commencing at the intersection of the North line of said SE 1/4 of SE 1/4 of said Section 35 with the center line of said Dodd Road, thence East 14 rods, thence South 6 rods, thence west to the center line of said Dodd Road, thence Northerly along the center line of said Dodd Road, to the place of beginning; Also, the West 460 feet of the North 660 feet of the SW 1/4 of the SW 1/4 of Section 36, all in Township 28, Range 23 EXCEPT that portion of the aforesaid tracts of land taken by the State of Minnesota for highway purpdses, all as shown by the records of the County Recorder of said County. More particularly, this property is located at the southeast corner of Dodd Road and Mendota Heights 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 Minor Comprehensive Plan Amendment will be heard at this meeting. Kathleen M. Swanson • City Clerk U61 (1 RDUI/AML—e Th irveLicir\c_ was (Qrr Ry , APPuLAN-1- E-- 19i AcAQii LoufuL `1\AE-1 — 8100 PM, CITY OF MENDOTA HEIGHTS NOTICE OF HEARING November 8, 1990 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of the City of Mendota Heights will meet at 7:45 o'clock P.M., or as soon as possible thereafter, on Tuesday, November 27, 1990, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. Richard Putnam, of R.A. Putnam and Associates, for a Minor Comprehensive Plan Amendment for the purpose of constructing a neighborhood convenience center at the following described property: All that Part of the SE 1/4 of the SE 1/4 of Section 35, which lies easterly of the center line of the Dodd Road, excepting and reserving therefrom the East 220 feet of the South 660 feet and also excepting Commencing at the intersection of the North line of said SE 1/4 of SE 1/4 of said Section 35 with the center line of said Dodd Road, thence East 14 rods, thence South 6 rods, thence west to the center line of said Dodd Road, thence Northerly along the center line of said Dodd Road, to the place of beginning; Also, the West 460 feet of the North 660 feet of the SW 1/4 of the SW 1/4 of Section 36, all in Township 28, Range 23 EXCEPT that portion of the aforesaid tracts of land taken by the State of Minnesota for highway purposes, all as shown by the records of the County Recorder of said County. More particularly, this property is located at the southeast corner of Dodd Road and Mendota Heights 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 Minor Comprehensive Plan Amendment will be heard at this meeting. Kathleen M. Swanson City Clerk City of JMendota Heights February 7, 1991 Mr. Richard Putnam R.A. Putnam and Associates 2765 Casco Point Road Wayzata, MN 55391 Dear Mr. Putnam: Your application for a CcYvif . Aidt,-u".& will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday,C7eAdo • ct."-- . 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 iL c. z as.5 Q -e -S 5re-c-C)) If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant -KLB:kkb • , ' • nb 1101 Victoria Curve.Mendota Heights; MN '-'5511&--0452-1850 City of Mendota Heights January 28, 1991 Mr. Richard Putnam R. A. Putnam and Associates, Inc. 2765 Casco Point Road Wayzata, MN 55391 Dear Mr. Putnam: Your application for a (yv\ID . 'Orin i'icvve.4d✓ltwill be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, T -e. o . 5 { (g ( . 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-�'i,.�-�' �c uncA. d2 -e. vt ( -3) y o� r- re u'<g 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 November 23, 1990 Mr. Richard A. Putnam R.A. Putnam and Associates, Inc. 2765 Casco Point Road Wayzata, MN 55391 Dear Mr. Putnam: Your application for a Covevx.e ?0,-(01/4 will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, ADV. 2-7 MC). The'Planning Commission meeting starts at 7:30 o'clockV.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, • Lstta...4.iik„ Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve -Mendota Heights, MN - 55118 452-1850 City of Jj Mendota Heights October 19, 1990 Mr. Dick Putnam R.A. Putnam and Associates 2765 Casco Point Road Wayzata, MN 55391 Dear Mr. Putnam: Your application for a C,avv� P . Picw ' w-ev.,• - will be considered by the Planning Commission at their next regularly scheduled meeting, which will beheld on Tuesday, ©c°+ 2� 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 feelfree to contact me. Sincerely, ccs: -.gam_ Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 City of Mendota Heights. February 15, 1991 Mr. Richard Putnam R.A. Putnam and Associates 2765 Casco Point Road Wayzata, MN 55391 Dear Mr. Putnam: Your application for a (01NNA.f ?(44..vt ,14,442aA44fwill be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, (cif (411 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 The Planning Commission recommended ' ",f cfr (0 ?1.0..v1 Avv-AtAA,A-cm:t • If you have any questions, please feel free to contact me. Sincerely, 62A -1 -VL Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve MendotaHeights, AIN,. 55118 ' 452.1850 CITY OF MENDOTA HEIGHTS MEMO February 12, 1991 TO: Mayor, City Council and City Adminis FROM: SUBJECT: CASE NO. 91-04: Pentel - Antenna Variance •v James E. Danielson, Public Works Dir c Kevin Batchelder Administrative Assis DISCUSSION Mr. John Bellows, attorney representing Ms. Sylvia Pentel, 556 Fremont Avenue, attended the last City Council meeting to request a thirty-seven foot (37') height variance in order to allow a sixty-eight foot (68') high tower and antenna for Ms. Pentel's ham radio operation. Mr. Bellows contends that the sixty-eight foot (68') antenna is the minimum height required to provide for reasonably reliable ham radio operation. At that meeting, there was confusion as to the extent of FCC preemption of local ordinances and the matter was tabled to this meeting to allow time for City Attorney Tom Hart to research the issue and prepare a written opinion (see attached). ACTION REQUIRED Review the City Attorney's opinion and take action on the requested thirty-seven foot (37')' height variance. NOTE: Support materials for this application that were submitted with last week's packet are not being resubmitted, should any Councilmembers need new copies, please contact City Hall. JED/KLB:kkb HERMAN WINTHROP ROBERT R. WEINSTINE RICHARD A. HOEL ROGER D. GORDON STEVEN C. TOUREK STEPHEN J. SNYDER HART KULLER DAVID P. PEARSON THOMAS M. HART IV DARRON C. KNUTSON JOHN A. KNAPP STEPHEN B. YOUNG MICHELE D. VAILLANCOURT DAVID E. MORAN, JR. DONALD J. BROWN JON J. HOGANSON SANDRA J. MARTIN GARY W. SCHOKMILLER TODD B. URNESS SCOTT J. DONGOSKE PETER J. GLEEKEL ROBERT S. SOSKIN EDWARD J. DRENTTEL JEFFREY W. COOK DANIEL C. ADAMS JEFFREY R. ANSEL WINTHROP St WEINSTINE ATTORNEYS AND COUNSELORS AT LAW 3200 MINNESOTA WORLD TRADE CENTER 30 EAST SEVENTH STREET SAINT PAUL, MINNESOTA 55101 TELEPHONE (612) 290-8400 DIRECT DIAL 290-8481 February 15, 1991 Mayor Charles E. Mertensotto Councilmember Carl W. Cummings Councilmember Janet B. Blesener Councilmember Jill Smith Councilmember Christine M. Koch City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Re: Sylvia Pentel/Application for Amateur Radio Antenna LAURIE A. KNOCKE WILLIAM F. MOHRMAN LLOYD W. GROOMS JULIE K. WILLIAMSON MARK T. JOHNSON BETSY LOUSHIN BROOKS F. POLEY JULIE WIDLEY SCHNELL CHRISTY JO CASPERS THOMAS H. BOYD JOSEPH C. NAUMAN DANIEL C. BECK ERIC.). NYSTROM BRIAN J. KLEIN KRISTIN L PETERSON JOANNE L MATZEN TIMOTHY K. MASTERSON EVAN D. COOBS THOMAS A. WALKER GINA M. GROTHE FOLLEN E. JOSEPH NEWTON PATRICK W. WEBER CHARLES A. DURANT FAX 1612) 292-9347 ATTORNEY-CLIENT PRIVILEGED Height Variance for Dear Mayor Mertensotto and Councilmembers: Enclosed please _find a memorandum prepared by one of our associates in connection with the Pentel matter. This memorandum analyzes the cases sited by Attorney John Bellows as support for his proposition that local zoning ordinances (including height restrictions) cannot unduly restrict amateur radio communications. Mr. Bellows stated at the last meeting that all of the referenced cases involved judgments against the cities in question. Although that may be true, we have certainly found other cases supporting municipal denials of similar variance applications. As you will note, the ultimate standard is that the City must reasonably accommodate amateur radio communications and that any limitations or restrictions must constitute the minimum regulation necessary to accomplish legitimate City goals and objectives. Obviously, the City must first determine its goals and objectives in setting a height limitation for amateur radio antennae. Certain cases discussed in the enclosed memorandum acknowledge that aesthetic issues, as well as public safety concerns, form an appropriate basis for denial. of a variance. The case law involved, including both the cases cited by Mr. Bellows and additional cases which we found in our research, requires the City to go beyond simply applying its general height Mayor Charles E. Mertensotto and Councilmembers February 15, 1991 Second Page limitations; the City must carefully balance its local interests under zoning restrictions against the federal interest against restrictions on radio communications. It is clear that Mendota Heights Zoning Ordinances do not wholly prohibit or "preclude" amateur radio communications. The City needs to determine whether (i) Ms. Pentel's existing communication capacity is reasonable and (ii) how.- high is the City willing to allow Ms. Pentel to build a new antenna while preserving and accomplishing stated City goals. It should be noted that, in at least one of the reviewed cases (Williams v. City of Columbia) the Court found that a formal offer of compromise by the City (rejected by the applicant) demonstrated the City's desire and willingness to reasonably accommodate amateur radio communications. Accordingly, if the City Council were to determine that a directional antenna with the height .of, for instance, 45 feet would be more acceptable aesthetically and would not pose a safety problem, an offer to allow such an antenna would be helpful should Ms. Pentel seek to challenge denial of the variance in Court. With such a compromise, Ms. Pentel would presumably obtain. enchanced communciations capacity. The City's record would be further improved if factual evidence were presented as to the hazards associated with radio antennae (and similar structures) exceeding 60 feet in height. Again, if safety is the issue, we need to specifically identify on the record a reasonable basis for denying Ms. Pentel's request for safety reasons. We can't just assume that the proposed 60 foot antenna is any more dangerous or unstable than the existing antennae. At the last meeting, Ms. Pentel herself acknowledged that she has been operating for several years with two single rod antennae, one of which exceeds 40 feet. These antennae in fact already violate City height limitations (I do not believe Ms. Pentel ever obtained a variance for these earlier antennae). If credible evidence were presented that such antennae do allow for reasonable amateur radio communication to most parts of the country, I believe that a compromise allowing her to retain her existing antennae may be sufficient under applicable federal regulations. Although I believe that Ms. Pentel's role in the national organization described at the last meeting is relevant, I do not believe that such membership compels the City to allow an antenna at a height greater than what otherwise would be necessary to encourage "ordinary and customary" amateur radio communications. However, if the City Council elects to approve the variance in order to allow Ms. Pentel to pursue her role in this Mayor Charles E. Mertensotto and Councilmembers February 15, 1991 Third Page organization, I do not believe such approval opens the door for future applications or otherwise establishes a binding precedent. As stated, the federal regulations cited by Mr. Bellows do require that the City carefully balance its local zoning restrictions against the strong federal policy in promoting amateur radio communications. Nevertheless, if the Council does so in a thoughtful, reasonable and flexible manner, I believe the Council has satisfied the requirements of federal law. Our obligation is to identify and focus on specific issues of City concern and to decide the maximum height the City can accept in light of such concerns. Should you have any further questions, please let me know. Very truly yours, WINTHROP & WE STINE TMH/J7 as M. art Enclosure MEMORANDUM WINTHROP & WEINSTINE TO: Thomas M. Hart FROM: Alok Vidyarthi DATE: February 1, 1991 RE: City of Mendota Heights: Station Antenna Structures and Federal Preemption of Local Ordinances ISSUE Whether the City of Mendota Heights may deny an application for a variance from radio antenna height limitations by Sylvia Pentel in order to construct a Ham Radio Antenna in excess of the height limitations imposed by the City of Mendota Heights? SUMMARY OF ANALYSIS While the Federal Communications Commission ("FCC") has adopted regulations regarding the height of station antenna structures, its provisions do not preempt local or state regulation of station antenna structures but do require, however, a reasonable accommodation between the interests of the state or locality in issue and the radio operator. ANALYSIS The FCC has promulgated regulations regarding the height and dimensions of station antenna structures. Pursuant to 47 C.F.R. § 97.15(e): Except as otherwise provided herein, a station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service/ communications. [State and local regulation of a station/ antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications and must constitute the minimum practicable regulation to accomplish the state or local authorities legitimate purpose. As the language of this provision indicates, state and local regulations must "reasonably accommodate" the interests of any particular amateur service communicator. An interpretation of "reasonable accommodation," of course, requires an analysis of relevant case law. In Thernes v. City of Lakeside Park, et al., 779 F.2d 1187 (6th Cir. 1987), the Court of Appeals found that the FCC regulation relating to station antenna structures constituted a "limited preemption . . . [of] state • and local regulations. [However, regulations] that operate to preclude amateur communications in their communities are in direct conflict with federal objectives and must be preempted." Id. at 1188 (quoting a FCC declaratory ruling entitled "Federal Preemption of State and Local Regulations Pertaining to Amateur Radio Facilities," ["PRB-1"] 50 Fed. Reg. 38,813 (1985)). Continuing to quote from PRB-1, the Court stated that: Local regulations which involve placement, screening or height of antenna based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose. Id. at 1188. 1/ Amateur service is defined as: a radiocommunication service for the purpose of self -training, intercommunication, and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest. 2/ Amateur station is defined as: a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications. -2 The court held that the Village of Lakeside's local ordinance banning erection of amateur radio station antennas was contrary to federal law and, therefore, preempted by the FCC regulation. In Bodony v. Incorporated Village of Sands Point, 681 F.Supp. 1009 (E. D. N. Y. 1987), the court applied the "reasonable accommodation" standard of the FCC regulation to the facts at issue and held: The record fails to show that the erection of the proposed antenna will endanger the health, safety and general welfare of the residents or be detrimental to the character of the neighborhood or to the residents. The Zoning Board did not determine the height above which the antenna would endanger the health, safety and general welfare of the residents . . . The action of the Zoning Board is devoid of any effort to make a "reasonable accommodation" . . . between the two sides. Id. at 1013. In Bulchis v. City of Edmonds, 671 F. Supp. 1270 (W. D. Wa. 1987), the court held that the local ordinance was not applied by the City Council in a manner which balanced local land use needs against the needs of Bulchis (the radio operator). The City Council in that case denied Bulchis a permit to erect a 70 foot retractable tower in the rear of his house; however, he was never told the basis on which the council's decision was made nor was he asked for additional facts. This, the court concluded, did not provide reasonable accommodation. In MacMillan v. City of Rocky River, et al., 748 F.Supp. 1241 (N.D. Ohio 1990) the court found the City's decisionmaking process in prohibiting an amateur radio operator from constructing a radio antenna at his residence was devoid of any evidence of "reasonable accommodation." The court stated that "there is nothing in the record to indicate that federal interests in amateur radio operation were sufficiently considered, or for that matter, even -3 adequately understood, by either the Commissioner or the Board." Id. at 1248. In Evans v. Board of County Commissions, 1990 W.L. 186664 (D. Colo. 1990), the court held that the local city ordinance, in effect, imposed an absolute prohibition against radio antenna structures over 35 feet and, consequently, was in direct conflict with the FCC regulations. As the court stated: In order to erect a structure taller than 35 feet, the final option in Boulder County is to apply for a special use permit pursuant to Article 20-301 of the Zoning Resolution. This article provides that "an application for a Special Use [P]ermit shall be approved only if the Board of County Commissioners finds that the proposed special use [permit] . . . [c]omplies with the minimum zoning requirements of the zoning district in which the special use is to be established . . . [T]herefore, a permit can be granted only if it complies with the 35 foot height limitation . . . [T]his resolution acts as an absolute prohibition on amateur radio antennas over 35 feet. The local ordinance in issue in that case, therefore, operated as an absolute prohibition for radio antenna structures over 35 feet which, consequently, was preempted by the FCC regulation. In Izzo v. Borough of River Edge, et al., 843 F.2d 765 (3d Cir. 1988), the Court of Appeals was concerned with the propriety of the district court's abstention (based on the Burford Doctrine) of a radio operator's challenge alleging the right to construct a transmission tower in excess of the local zoning ordinance. As such, the case does not shed any further light on the issue at bar. In Williams v. City of Columbia, 906 F.2d 994 (4th Cir. 1990), the Court of Appeals upheld the district court's summary judgment for the Zoning Board because the standards in denying a radio operator's application for a variance were proper. As the Court stated: The criteria to be used by the [Zoning Board] in deciding whether to grant a special exception . . . include "adverse impact of the -4 proposed use on the aesthetic character of the environs, to include possible need for screening from view." Id. at 998. The Court held that the City's Zoning Board, which allowed for special exceptions based on the standards enumerated in the pertinent zoning ordinance, struck a balance in a way that was permissible as a matter of law.3/ Finally, in People v. Krimko, 548 N. Y. S.2d 615 (1989), the court stated, at least implicitly, that the burden was on the applicant to show that any particular City failed to reasonably accommodate the needs of radio operators. As the court stated: In the absence of a showing that the building ordinance fails to accommodate the reasonable needs of the amateur radio community, it is the view of this court that the building ordinance of the Village of Kings Point falls within the general parameters of permissible regulation, with leave for defendant to show that the building ordinance as administered in this instance conflicts with the amateur radio requirements of the FCC. Id. at 616. 3/ The Court was particularly impressed with the City's efforts at compromise with Williams (the radio operator applying for a variance). The Court stated: It appears that by seeking a compromise with Williams, the City applied its zoning ordnance in compliance with FCC regulations. Specifically, the record reveals that the [Zoning Board] investigated the possibility of accommodating Williams' request while simultaneously preserving the aesthetic beauty and safety of the neighborhood by suggesting a restriction of hours of operation, but these attempts at compromise were rejected by Williams. Id. at 997. - 5 044. CONCLUSION Distilling the propositions advanced in these various cases leads to the following conclusions: (1) the pertinent FCC regulations do not absolutely pre-empt local ordinances, but, rather, constitute a limited pre-emption; (2) whether that limited pre-emption applies to any specific local ordinance depends upon whether the City at issue "reasonably accommodates" the interests and needs of any particular radio operator and the local concerns regarding land use; (3) what constitutes "reasonable accommodation" depends upon whether a proper balancing of the above-mentioned interests occurs and whether the conclusion resulting from this balancing analysis is justifiable and supported with legitimate reasons. As a general matter, legitimate reasons include health and safety concerns, aesthetic considerations, and whether the local ordinances operate as an absolute prohibition in construction of radio antennae or absolute limitation regarding any specific height requirements. As a practical matter, it would be wise for the City of Mendota Heights to obtain objective analyses regarding the safety considerations involved with the construction of a retractable 62 foot high Ham Radio Antenna. Input from residents of the neighborhood in which the Ham Radio Antenna would be constructed should also be a factor in the City's balancing analysis. Finally, it would be helpful to obtain objective conclusions regarding the sufficiency, for her purposes, of the two antennas that currently exist in Ms. Pentel's backyard. -6 Pl_exic,L,Lyk.d THE FOLLOWING TAXPAYERS OF MENDOTA HEIGHTS STRONGLY OPPOSE THE CONSTRUCTION OF PROPOSED RADIO TOWER IN THEIR NEIGHBORHOOD. ADDRESS iA{2 3 ‘7714ili-(:' 4 A/141 -L 5 /4/V1 Ja 61)1,4 4) 119141 Sag, .-Tre/ku-inil- / DATE !.'zt 8 10 11 12 13 14 15 do -(4)0450A) 16Q 17 18 19 20 al 9/ 9/ (_/p i&vii 74/ ritemu4; a/A 5 A4:4v4)4'A, 6-6 7 /76,41 A11444070/- z- 4-w 53-R_ 1,--te-02-4011-2 Y---'11 1 77z.e,"?,4 40-,r4 dt-z) City of Mendota Heights February 15, 1991 Ms. Sylvia Pentel 556 Fremont Mendota Heights, MN 55118 Dear Ms. Pentel: v -will be 'Your application for a considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, (/ (19i- . 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 .01Lui,Aux:( Lveti Vod- tA.i&c,2 =CI- C etu-4 . ,Grz) vY1 tsve` • 1t If you have any questions, please feel free to contact me. KLB:kkb Ck. Sincerely, Kevin Batchelder Administrative Assistant . 1101 Victoria. Curve -Mendota Heights, MN • 55118;452185O CITY OF MENDOTA HEIGHTS MEMO February 12, 1991 TO: Mayor, City Council and City Administ FROM: SUBJECT: Foto Mark Addition - Building Permit Paul R. Berg, Code Enforcement Officer pe5` DISCUSSION Plans have been submitted to staff for review of a proposed addition to the existing Foto Mark building located at 2411 Pilot Knob Road. The existing facility contains 44,443 square feet. Foto Mark is proposing to add 37,572 square feet in which warehousing/shipping- receiving will be accommodated. The proposed addition meets zoning requirements for setback, height and parking. The existing facility on the east side has textured concrete block with a band of break off block at the top. The remainder of the existing building is painted smooth concrete block. The addition is proposed to be constructed of painted smooth concrete block. The builder, Hines and Sons, Inc., will be meeting with the City Planner on the day of the Council meeting. Any issues discussed at that point will be addressed to the City Council at the meeting later that evening. RECOMMENDATION I recommend approval of the requested building permit subject to the following items: 1. Licensing of the excavator 2. Any issues discovered by staff and planner 3. Staff review of complete plans and specifications. ACTION REOUIRED If City Council wishes to implement the recommendation of approval subject to items 1-3 (listed above), they should pass a motion of approval. PRB:kkb III /111 !\ Hines & Sons, Inc. 1520 E. 66TH ST. SUITE 3 RICHFIELD, MINNESOTA 55423 PHONE 866-3212 2/8/91 City of Mendota Heights 1101 Victoria Curve St Paul, Mn 55118 Re: FotoMark, Inc. Addition Per your request I am sending you this letter to briefly describe Fotomark, Inc.'s intentions concerning the addition to their existing facility located at 2411 Pilot Knob Rd, Mendota Heights, MN. Hines & Sons, Inc. has been hired by FotoMark, Inc. to construct the addition to the existing building per plans & specifications supplied by Graphic Design Architects. The mechanical & electrical work is being handled through separate contracts by FotoMark, Inc. This addition will be located to the West of the existing building which currently faces Pilot Knob Rd. The addition is to be constructed with concrete masonry units and will enclose approximately 36,000 square feet. The height of the addition is to be approximately 20 feet with a two color paint scheme. FotoMark, Inc. is planning to use this addition mainly as a storage/ shipping facility for their existing plant. The addition will also house lunchroom & restroom facilities. Respectfully Submitted, Hines & Sons,Inc Lawrence D Hines president CITY OF MENDOTA HEIGHTS MEMO February 15, 1991 TO: Mayor and City Council FROM: Tom Lawell, City Administr+ SUBJECT: Discuss Team Building Session Date INTRODUCTION At our last meeting, Council discussed the preferred date for a team building workshop which would involve the Council, both Commissions and selected City staff. Choosing a mutually agreeable date for this session has proven to be quite a task, and it is the intent of this memo to suggest a new date for your consideration. DISCUSSION Give the size of the group involved, it will likely prove impossible to find a date which is convenient for all involved participants. However I believe it is important to select a date which is convenient for all Councilmembers, and obviously for our invited moderator, Mr. Don Salverda. At our last meeting the date of April 6th was suggested for the session. Unfortunately Mr. Salverda will be conducting a similar session for the City of Hastings on that date. The next available date appears to be Saturday, April 20th from 8:30 A.M. to 12:30 P.M. Hopefully this date will be convenient for Council, and we can finalize our plans for this session. Given the half day format for this session, at the last meeting Council suggested some type of pre -meeting questionnaire which would help identify participant concerns in advance. The responses to such a questionnaire could be compiled and sent out in advance, hopefully allowing the group to effectively focus on the most important issues during the short four hour session. ACTION REOUIRED Council should consider the April 20th date for the team building workshop, and should let staff know if the date is acceptable. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Tom Lawell, City Administ SUBJECT: Adjourn to Closed Session to Discuss Litigation February 15, 1991 DISCUSSION Under Minnesota Statute 481.06 the City Council is permitted to meet in a closed session to discuss pending or. active litigation. Due to our active law suit with Centex Real Estate Corporation regarding land uses in the Southeast Area, it is suggested that Council conduct such a session for the purpose of providing policy direction to involved legal counsel. The City's insurance carrier, the League of Minnesota Cities Insurance Trust (LMCIT) has undertaken defense in this matter with a reservation of rights. The law firm of Jardine, Logan and O'Brien has been retained by LMCIT to conduct the defense, and representatives of the firm have requested the closed Council session. Participants in this session will include Mayor and City Council, Jardine, Logan and O'Brien representatives, City Attorney Tom Hart, City Administrator Tom Lawell, Public Works Director Jim Danielson and Administrative Assistant Kevin Batchelder. ACTION REQUIRED The City Council should consider a motion to adjourn to the closed session for the purpose of discussing litigation matters. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO TO:- Mayor and City Council FROM: Tom Lawell, City Adminis SUBJECT: Adjourn to March 2nd Goal Setting Session February 15, 1991 DISCUSSION Previously Council established Saturday, March 2nd as the 1991 Goal Setting Session for the City. The meeting will begin. at 8:30 A.M. and is scheduled to conclude at 12:30 P.M. The purpose of the meeting is to review and update the City's Target Issue list which is intended to serve as the City's work program for the coming year. Staff is currently in the process of compiling additional information for this session, a summary of which will be distributed to the Council on Wednesday, February 27th. ACTION REOUIRED Adjourn tonight's meeting to the City Council Goal Setting Session scheduled for March 2, 1991 at the Mendota Heights City Hall beginning at 8:30 A.M. MTL:kkb