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1991-09-03CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA September 3, 1991 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of the August 20th Council Minutes 5. Consent Calendar a. Approve Correction to April 3, 1990 City Council Minutes to Adopt RESOLUTION NO. 90-17A. b. Acknowledgment of the August 27th Draft Planning Commission Minutes. c. Acknowledgment of the July Fire Department Report. d. Acknowledgment of the August Building Report. e. Authorization of the Sale of the Police Department Squad Cars. f. Approval of Completion of Probationary Appointment of Fire Department Personnel. g. Approval of Probationary Appointment of Firefighter Ken Weisenburger. h. Approval of Feasibility Report for Bridgeview Shores 3rd Addition - Improvement No. 91, Project No. 5 - RESOLUTION 91-57. i. Approval of the Final Plat for Bridgeview Shores 3rd Addition - RESOLUTION NO. 91-58. j. Approval of LENNOX Developer's Agreement k. Approval of Plans and Specs for Mendota Heights Business Park 2nd Addition (LENNOX Site) - RESOLUTION NO. 91-59. 1. Approval of the List of Contractors. m. Approval of the List of Claims. End of Consent Calendar 6. Public Comments 7. Hearing a. CASE NO. 91-30: Olin - Subdivision ** 8:00 ** 8. Unfinished and New Business a. CASE NO. 91-31: Desmond - Variance b. CASE NO. 91-32: Rutzick - Variance c. CASE NO. 91-33: Pease - Subdivision/Variance * d. Discuss Disposal of Furlong Properties (Available Tuesday) e. Discuss Disposition of Art Mulvihill Property f. Ivy Falls Creek Storm Water Improvements - Jack Brassard - RESOLUTION NO. 91-60 - Resolution Accepting Petition and Ordering Preparation of Feasibility Report for Ivy Falls Creek Storm Water Improvements. g- Lorentzsen Storm Water Complaint h. Centex Developer's Agreement and Final Plat - RESOLUTION NO. 91-61 - Resolution Approving Final Plat for Kensington PUD 2nd Addition, RESOLUTION NO. 91-62 - Resolution Approving Final Plat for Kensington PUD 3rd Addition, RESOLUTION NO. 91-63 - Resolution Approving Final Plat for Kensington PUD 4th Addition, RESOLUTION NO. 91-64 - Resolution Approving Final Plat for Kensington PUD 5th Addition. ** i. Hagstrom-King Park Improvements 9. Council Comments 10. Adjourn to Council workshop to discuss Assistant Fire Chief appointment. CITY OF MENDOTA HEIGHTS MEMO September 3, 1991 TO: Mayor and City Council FROM: Tom Lawell, City Administrator SUBJECT: Add On Agenda for September 3rd Council Meeting One new item has been added to the agenda, item 8i (**). Additional information is being submitted for item 8d already scheduled on the agenda (*). 3. Agenda Adoption It is recommended that Council adopt the agenda printed on pink paper. 8d. Disposal of Furlong Properties See attached memo regarding selection of realtor and necessary repair work. 8i. Hagstrom-King Park Improvements See attached memo regarding proposed turf improvments. MTL:mlk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA September 3, 1991 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of the August 20th Council Minutes 5. Consent Calendar a. Approve Correction to April 3, 1990 City Council Minutes to Adopt RESOLUTION NO. 90-17A. b. Acknowledgment of the August 27th Draft Planning Commission Minutes. c. Acknowledgment of the July Fire Department Report. d. Acknowledgment of the August Building Report. e. Authorization of the Sale o_f the Police Department Squad Cars. f.. Approval of Completion of Probationary Appointment of Fire Department Personnel. g. Approval of Probationary Appointment of Firefighter Ken Weisenburger. h. Approval of Feasibility Report for Bridgeview Shores 3rd Addition - Improvement No. 91, Project No. 5 - RESOLUTION 91-57. i. Approval of the Final Plat for Bridgeview Shores 3rd Addition - RESOLUTION NO. 91-58. j. Approval of LENNOX Developer's Agreement k. Approval of Plans and Specs for Mendota Heights Business Park 2nd Addition (LENNOX Site). - RESOLUTION NO. 91-59. -i 1. Approval of the List of Contractors. m. Approval of the List of Claims. End of Consent Calendar 6. Public Comments 7. Hearing a. CASE NO. 91-30: Olin - Subdivision ** 8:00 ** 8. Unfinished and New Business a. CASE NO. 91-31: b. CASE NO. 91-32: c. CASE NO. 91-33: Desmond - Variance Rutzick - Variance Pease - Subdivision/Variance d. Discuss Disposal of Furlong Properties (Available Tuesday) e. Discuss Disposition of Art Mulvihill Property f. Ivy Falls Creek Storm Water Improvements - Jack Brassard - RESOLUTION NO. 91-60 - Resolution Accepting Petition and Ordering Preparation of Feasibility Report for Ivy Falls Creek Storm Water Improvements. g. Lorentzsen Storm Water Complaint h. Centex Developer's Agreement and Final Plat - RESOLUTION NO. 91-61 - Resolution Approving Final Plat for Kensington PUD 2nd Addition, RESOLUTION NO. 91-62 - Resolution Approving Final Plat for Kensington PUD 3rd Addition, RESOLUTION NO. 91-63 - Resolution Approving Final Plat for Kensington PUD 4th Addition, RESOLUTION NO. 91-64 - Resolution Approving Final Plat for Kensington PUD 5th Addition. 9. Council Comments 10. Adjourn to Council workshop to discuss Assistant Fire Chief appointment. Page No. 3088 August 20, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 20, 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 Blesener, Koch and Smith. Councilmember Cummins had notified the Council that he would be absent. AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Blesener moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Councilmember Koch moved approval of the minutes of the July 16, 1991 regular meeting with correction. Councilmember Smith seconded the motion. Councilmember Blesener moved approval of the minutes of the August 6, 1991 regular meeting with corrections. Councilmember Koch seconded the motion. Councilmember Smith moved approval of the minutes of the August 7, 1991 adjourned meeting with correction. Councilmember Koch seconded the motion. Councilmember Blesener moved approval of the consent calendar for the meeting, revised to remove item 51, St. Thomas Academy request to operate motorized boat on Rogers Lake, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 13th Park and Recreation Commission meeting. Page No. 3089 August 20, 1991 b. Acknowledgment of the Treasurer's monthly report for July. c. Adoption of Resolution No. 91-45, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 89, PROJECT NO. 6F (SIBLEY ATHLETIC COMPLEX)," authorizing final payment of $16,583.15 to GMH Asphalt Corporation for work completed on the project, and acknowledging an assessment against the contract of 10 days of liquidated damages. d. Adoption of Resolution No. 91-46, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR BRIDGEVIEW SHORES 3RD ADDITION." e. Acknowledgement of a letter from Ms. Margaret Perron requesting the deferment of assessments levied against 2370 Highway 55 (Parcel No. 27-04100-017-36) in the Furlong area assessment roll and adoption of Resolution No. 91-47, "RESOLUTION DEFERRING PAYMENT OF ASSESSMENT (IMPROVEMENT NO. 86, PROJECT NO. 4), conditioned upon payment of the assessment in full plus accrued interest at the time of property sale." f. Adoption of Resolution No. 91-48, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,030,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1991," and Resolution No. 91-49, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,015,000 GENERAL OBLIGATION PARK BONDS OF 1991." g - Adoption of Resolution No. 91-50, "RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE." h. Adoption of Resolution No. 91-51, "RESOLUTION ADOPTING PROPOSED BUDGET," adopting the Administrator's proposed budget as the preliminary budget for 1992. i. Adoption of Resolution No, 91-52, "RESOLUTION APPROVING TENTATIVE 1991 LEVY COLLECTIBLE IN 1992." Ayes: 4 Nays: 0 ST. THOMAS ACADEMY REQUEST j. Adoption of "RESOLUTION FOR SPECIAL COLLECTIBLE Page No. 3090 August 20, 1991 Resolution No. 91-53, APPROVING FINAL 1991 TAX LEVY TAXING DISTRICT NO. 1 IN 1992." k. Adoption of Resolution No. 91-54, "A RESOLUTION REVISING SCHEDULE OF FEES FOR PLANNING SERVICES." 1. Approval of the list of contractor licenses dated August 20, 1991 and attached hereto. m. Approval of the list of claims dated August 20, 1991 and totalling $396,935.89. Councilmember Koch seconded the motion. Council acknowledged a request from Mr. Joe Reyman, Chairman of St. Thomas Academy's Science Department for a variance from Ordinance No. 1201 to allow the school's environmental studies class to operate a motorized pontoon on Roger's Lake during specific time periods to allow scientific testing of water and lake bottom samples. Council also acknowledged an associated report from the Public Works Director, in which Council was informed that as part of the City's Watershed Management Organization plan the City must begin monitoring some of its lakes. Information which would be available as the results of the St. Thomas testing would satisfy monitoring requirements for Rogers Lake. Mayor Mertensotto stated that the ordinance prohibits motorized boats and if Council were to approve the request it should be in the form of an exemption rather than a variance. He informed the audience that the ordinance was adopted many years ago when a developer proposed a marina/apartment complex on Roger's Lake. At that time the prohibition caused many problems, and he does not want to go back to allowing motorized boats. He felt that given the scientific purpose of the St. Thomas request Council could grant an exemption with restrictions. Although the request is for testing twice weekly from September through November and April and May, he suggested that the exemption should only be granted through Page No. 3091 August 20, 1991 November. If St. Thomas adheres to the restriction, they could request the exemption for April and May on a consent agenda next year. Administrator Lawell stated that Mr. Reyman intends to only perform the lake testing on Tuesdays and Thursdays from 1:00 to 3:00 P.M. and that he plans to notify all owners of property around the lake in advance of using the pontoon on the lake. Mr. Reyman and another instructor will operate the boat. He has also promised to provide the test results to the City. Councilmember Blesener indicated that she sees no problem with limiting the number of hours per week but feels it would be inappropriate to limit the testing to September -November. Mayor Mertensotto responded that if Council places the September -November limit on testing and submission of the test results to the City is not forthcoming, additional testing in the spring could be refused. Councilmember Smith stated that while the cause is worthwhile, she has had calls from residents about motorized boats and would prefer that St. Thomas find some other means of taking the samples. She stated that while she is very much in favor of the project she is opposed to allowing motorized boats on City waterbodies and will not vote in favor of the request. Councilmember Blesener moved to approve an exemption to Ordinance No. 1201 to allow the St. Thomas Academy Science Department to operate a motorized pontoon on Rogers Lake for the purpose of scientific analysis of the water and lake bottom samples for Academy and public purposes with the restrictions that the testing occur only on Tuesdays and Thursdays between 1:00 and 3:00 P.M. from September through November, 1991, that the testing results be provided to the City, and that if any abuse of the exemption occurs the exemption will be terminated. Councilmember Koch seconded the motion. Ayes: 3 Nays: 1 Smith 1990 AUDIT BID AWARD, MENDOTA HEIGHTS ROAD Ayes: 4 Nays: 0 HEARING - BRIDGEVIEW SHORES 2ND ADDITION ASSESSMENTS Ayes: 4 Nays: 0 'dyes: 4 ay>s: 0 Page No. 3092 August 20, 1991 Mr. Steve Laible, from Peat Marwick, reviewed the 1990 City Financial Statement. Council acknowledged a report from Civil Engineer Klayton Eckles regarding bids received for Mendota Heights Road improvements (I -35E to Dodd Road) and recommendation that the bids be rejected. Engineer Eckles informed Council that the low bidder could not guarantee a completion date this year because of a pipe shortage. He informed Council that staff sees no good reason to award the bid and have the road torn apart this year if con- struction cannot be completed until next year. Councilmember Blesener moved adoption of Resolution No. 91-55, "RESOLUTION RECEIVING AND REJECTING BIDS FOR IMPROVEMENTS FOR MENDOTA HEIGHTS ROAD (PILOT KNOB ROAD TO TRUNK HIGHWAY 149) (IMPROVEMENT NO. 91, PROJECT NO. 4) . Councilmember Koch seconded the motion. • Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed assessment roll for the Bridgeview Shores 2nd Addition public improvements. Engineer Eckles reviewed the project and proposed assessments for Council and the audience. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Smith moved that the hearing be closed. Councilmember Koch seconded the motion. Councilmember Blesener moved adoption of Resolution No. 91-56, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, AND STREET IMPROVEMENTS TO SERVE BRIDGEVIEW SHORES 2ND ADDITION (IMPROVEMENT NO. 90, PROJECT NO. 1)." Councilmember Smith seconded the motion. Page No. 3093 August 20, 1991 CITY HALL CONSTRUCTION Council acknowledged a memo from Treasurer CONTRACT Shaughnessy regarding a request from the Joseph Company for payment of $11,000 on the City Hall construction contract and deficiencies still unresolved in the building and drainage system. Architect Bob Pierce and Joseph Wagner, general contractor, were present for the discussion. Mr. Pierce stated that the list of items which needed correction has been reduced to two, the water problem at the back of the building and water penetration in the exercise room and squad room. He informed Council that although the Joseph Company had excavated and replaced fill along the foundation on the south side of the building but that water continues to penetrate the building - water drains through the landscaped rock bed. He stated that in his opinion installation of gutters around the entire south face of thebuilding (including the canopy) is the only way to solve the problem and that down spouts will be necessary to take water into the underground drainage system. He informed Council that Lindberg - Pierce is confident that gutters are the only solution and is willing to participate in the cost of the gutters. Quotes for gutters last fall varied from a low of $4,900. He suggested that the cost be split 50/50 between his firm and the City, perhaps limiting the City participation to $2,500. Responding to a question from Mayor Mertensotto, Mr. Wagner stated that his firm had begun to repair the damage in the squad and exercise rooms but quit when it was discovered that water was still penetrating the foundation - water is ponding in the rock bed and creates pressure against the wall. The normal design of a 1:12 pitch allows water to be carried away, but that pitch does not prevail in this area. He agreed that gutters will solve the problem. Councilmember Blesener asked if staff has had any independent consultants look into the problem. Administrator Lawell responded that they have not, but have met many times with the architect and contractor. He stated that for practical reasons staff did not have all of the excavation done that could have been ''done and that perhaps all;:remedies have not been exhausted. Ayes: 4 "lays: 0 Page No. 3094 August 20, 1991 Mr. Pierce stated that the only possible solution other than gutters is to put some hard surface materials in the planting area. Councilmember Smith stated that it appears that gutters will be deterrent but wondered if they will actually solve the problem. Mr. Pierce responded that taking water away from the building is the important issue. He informed Council that he has asked Guy Kullander to get a price for installing a catch basin to relieve ponding in the low area to the north of the building and his firm will take care of it. With respect to punch list item 4, (furnishing and installing curbs adjacent to the Police Department entrance) Mr. Pierce stated that he hopes that once the catch basin is in this issue will resolve itself. With respect to release of the requested $11,000, his concern is that work remaining to be done may cost more than the amount the City will retain. Mr. Pierce responded that the City would still be. retaining $5,000 from Joseph's contract and his firm has about $4,000 of unbilled fees. Mr. Pierce suggested that the gutters be pre -finished (color). After discussion, Councilmember Smith moved to accept the proposal from Mr. Pierce and release $11,000 of the contract retainage to the Joseph Company and to proceed with installation of gutters as proposed, the gutter installation and remaining punch list work to be completed as soon as possible, with City cost participation to the extent of $2,500 for installation of pre -finished gutters of an adequate size along the south face of the building, the architect to be responsible for installation of a catch basin and drain way on the north side and the contractor to be responsible for repairing the water damage in the lower level of the building as soon as the drainage problem is resolved. Councilmember Koch seconded the motion. Councilmember Blesener stated that the problems are the result of design and grading errors. She further stated that although Page No. 3095 August 20, 1991 reluctant to do so, she voted in favor of the motion because it is time to resolve the problems. CENTEX (KENSINGTON II) Council acknowledged and discussed a report from the City Administrator and the proposed developer's agreement for Kensington Phase II. DOWNTOWN MENDOTA HEIGHTS City Attorney Hart reviewed a memo detailing three revisions to the agreement related to Claremont Avenue: a thirty foot minimum building setback; a 28 foot street width; and parking only on one side with the stipulation that no vehicle be permitted to park on Claremont for more than 24 hours at a time. He stated that the developers have agreed to show the 30 foot setback and 28 foot street width on the final plat. He briefly reviewed two proposed, non -substantive changes, to the draft agreement. Mr. John Bannigan, legal counsel for Centex, was present for the discussion. Mr. Bannigan stated that the developers do not disagree with the parking restriction and consider it an appropriate health safety requirement. In response to a question from Councilmember Smith, Attorney Hart reviewed the agreement language with respect to performance bond requirement. It was agreed that the paragraph relating to the date and filing of the application by the developers be revised to read: "Whereas, the Developers by Application dated and filed February 8, 1990, as amended, have applied..." Mr. Bannigan stated that a requirement that the final plat be recorded immediately after approval has not been discussed with the developers and that he cannot agree to the condition. After considerable discussion over the requirement for immediate filing of the plat after approval, action with respect to approval of the developers agreement was tabled to September 3rd. Council acknowledged a report from Public Works Director Danielson regarding a preliminary layout for future construction of Page No. 3096 August 20, 1991 a ring road around the Mendota Plaza and central business area and bridge over T.H. 110 and the proposed designation of the route as M.S.A. Mayor Mertensotto pointed out that the sketch being presented this evening is not intended to be final - in the past there had been a suggestion for a full -diamond, which could be incorporated into the design at a future time. He informed the audience that the design is not important at this time, but that what is important is to submit a preliminary plan and request to Mn/DOT for MSA funding consideration. Councilmember Blesener stated that Council has discussed this issue many times in the past and again during the budget workshop, and the only reason action has not been taken in the past was that there did not appear to be a funding mechanism. Dr. Tom Koepke, representing the Mendota Heights Animal Hospital, stated that he is in the process of having concrete curb installed along Freeway Road. The proposed roadway plan shows Freeway Road ending in a cul-de-sac. He asked for some assurance that the roadway will remain in its same location along his property since the curbing, which the City asked him to install, will be four feet from the existing road. He asked for some assurance that the curbing will not need to be torn out. He presented a drawing to Council. Councilmember Blesener responded that the City will certainly work with Dr. Koepke, and that if the City ends up moving the road, she would think that Dr. Koepke will be given a credit for the curbing. Mr. Brian Birch presented and reviewed a two page list of concerns about the design, and showed the Council photographs of the area. He stated that he was apparently the only property owner notified of the proposed plan and that Friendly Hills residents he has contacted oppose the proposal. He stated that although he would receive the most benefit from the proposed road because his property would front on both sides of it, he opposes it. Page No. 3097 August 20, 1991 Councilmember Blesener pointed out that the issue this evening is the designation of an MSA street and not the design. She stated that it is Council's role to preserve and enhance the quality of life for the entire community and that Council must consider pedestrian and vehicular access across the highway and the potential development of a central business district. She stated that it is her position that the City must develop a safe bridge crossing over the highway and that Council should take steps towards the MSA funding mechanism. She pointed out that Council is only considering a loop road to provide a bridge over T.H. 110 and that it is absolutely not part of the plan to extend the roadway through Friendly Hills. Mr. Steve Marx, 745 Hilltop, stated that he does not see the benefit, and does not see how creating a second -access to the shopping center will make it better. Mayor Mertensotto explained that traffic on T.H. 110 was 28,000 average trips per day before I-494 was opened and that it is anticipated that traffic on T.H. 110 over the next 20 years will increase to at least that level. He pointed out that the Council has always wrestled with how to get a safe pedestrian and vehicular crossing across T.H. 110 and also that when the city is fully developed some kind of neighborhood shopping center will be needed. He stated that the Mendota Plaza provides a nucleus now but that one of the problems has been access. He informed Mr. Marx that these problems were addressed in a downtown study prepared in 1979 but nothing was done because there was no funding mechanism available. Councilmember Blesener stated that before I- 494 was completed, the intersection of Dodd and T.H. 110 was notoriously dangerous and that Council wants to avoid a similar situation when traffic increases to the pre -I- 494 levels. Mr. Marx informed Council on drainage problems which the City has been trying to correct and expressed concern over how the layout would affect drainage on his property. Council directed that the matter be referred to the Ayes: 4 -"k Nays: 0 DISPOSITION OF CITY OWNED PROPERTY Page No. 3098 August 20, 1991 Public Works Director and that Mr. Marx be kept informed on plans for the roadway. Dr. Koepke stated that he appreciates Council's concern over safety and pointed out that it is very dangerous for children to cross the highway. Mrs. Lorraine Hohenstein stated that she agrees with some of the points raised by Mr. Birch but that she understands Council's reasons for wanting to pursue the ring road, and agrees that the Dodd/T.H. 110 intersection is very dangerous. She asked why the road would have to run across the south end of her property and disturb it when there is sufficient space available in the state right- of-way. Council directed her comments to the engineering staff. Mrs. Hohenstein informed Council that if a roadway is built she would like to develop her property as commercial, which it was zoned at one time. Councilmember Blesener stated that she would like to see a master plan developed including the type of zoning that would have to be put in place, and include the Hohenstein property in that discussion. Councilmember Blesener moved to approve the preliminary layout for a downtown Mendota Heights MSA ring road and to direct staff to submit the plan and the proposed letter of request for MSA (with a corrected date) to the Department of Transportation. Councilmember Smith seconded the motion. Mr. Birch asked that he be appointed to serve 'on any -•future committee' "formed to discuss the' . -- 'proposed road. •. Council acknowledged a memo from Treasurer Shaughnessy regarding disposition of the City - owned properties (houses) at 2455 Highway 55, 1305 Kendon Lane and 1306 Kendon Lane. Staff was directed to advertise for bids for the purchase and removal of the house at 2455 Highway 55. It was the consensus of Council that staff be directed to have sewer and water connections AIRPORT UPDATE BUDGET/TRUTH IN TAXATION HEARING Ayes: 4 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto informed Council that he has contacted Mr. Harry Kirchner with respect to City acquisition.of the Fischer's 66 property but that Mr. Kirchner's purchase price is unrealistic. Councilmember Blesener stated that she had received a call from a resident concerned about the safety of the new swings in the parks. Councilmember Koch stated that she had also received a call from a parent whose child was injured and that the concern is over a metal glider -swing -which is handicapped ,: accessible. Staff -;was -directed to have the ...-playground designers,look into the matter and determine whether the problem is the proximity --4\. to other swings and if they can be padded. ADJOURN - - . :� _ {-There- being no .,further business to come before the Council,:,Councilmember Koch moved that the Page No. 3099 August 20, 1991 installed for 1305 Kendon Lane and 1306 Kendon Lane. Staff was directed to offer the homes to two of the current owners on Rogers Road and, if there is no interest, to contact realtors to request proposals for handling the sale of the properties. Administrator Lawell reviewed his report regarding MSP Airport issues for Council and the audience. Mayor Mertensotto suggested that an article on Part 150 soundproofing funding be included in the next City newsletter. Councilmember Blesener moved that a hearing on the 1992 proposed budget and truth in taxation be conducted on December 3rd and that December 17th be an alternate date for the hearing. _ Councilmember Koch seconded the motion. Page No. 3100 August 20, 1991 meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:55 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL August 20, 1991 Concrete License Lund, Gordon Gas Piping License Oak Grove Mechanical General Contractors Licenses D. G. Construction North Star Fence Company Sawhorse, Inc. Wescot Const. & Develop., Inc. Plaster License Spra-Tex Enterprises CITY OF MENDOTA HEIGHTS MEMO August 29, 1991 TO: Mayor, City Council, City Administrator FROM: Kathleen M. Swanson SUBJECT: Minute Correction INFORMATION During the process of preparing the documents necessary for bonding for public improvements, it was discovered that one of the resolutions required by the public improvement statutes was not adopted. Apparently the resolution, ordering improvements and plans and specifications for the Mendota Woods plat, was inadvertently not recorded in the minutes of the April 3, 1990 Council meeting. The resolution should have been in the list of consent calendar items approved at that meeting. In order to issue bonds for the project, the minutes must reflect the resolution adoption. We are therefore recommending a correction to the minutes to include the resolution adoption in the consent calendar. ACTION REQUIRED Motion to correct the minutes of the April 3, 1990 meeting to include in the consent calendar item 1. Adoption of Resolution No. 90-17A, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, AND STREET CONSTRUCTION TO SERVE MENDOTA WOODS AND ADJACENT AREAS (IMPROVEMENT NO. 89, PROJECT NO. 7)." City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 90 - RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, AND STREET CONSTRUCTION TO SERVE MENDOTA WOODS AND ADJACENT AREAS (IMPROVEMENT NO. 89, PROJECT NO. 7) WHEREAS, the City Engineer has submitted his report to the City Coun- cil with respect to the proposed construction of the following im- provements to serve Mendota Woods, to -wit: The construction of an extension to the City's sanitary sewer system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particular- ly described. The construction of an extension to the City's water distribution system including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particular- ly described. The construction of a storm sewer system including appurtenances and incidental thereto and the acquisition of easements, in and for the area hereinafter more particularly described. The construction of street improvements consisting of the acqui- sition of easements and the grading, stabilization, drainage and bituminous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the area hereinafter more particularly described. WHEREAS, Stephen and Jana Patrick and Bill Lentsch, the owners of the property, has heretofore in writing petitioned the City Council of the City of Mendota Heights requesting the above described improvements and in said petition requested that the entire cost of said improve- ments be assessed against said property; and WHEREAS, the City Engineer reported that the prgposed improvement and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements and construction thereof; and • WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minneso- ta and is more particularly described as follows: Mendota Woods Subdivision NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. The the engineer's report is hereby accepted. 2. That it is advisable, feasible, expedient and necessary that the City of Mendota Heights construct the above described im- provements, and it is hereby ordered that said improvement be made. 3. That City Engineer be and he is hereby authorized and directed to prepare plans and specifications for said improve- ment. 4. That said improvement shall hereafter be known and designated as Improvement No. 89, Project No. 7. Adopted by the City Council of the City of Mendota Heights this 3rd day of April 1990. CITY COUNCIL CITY OF.MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES AUGUST 27, 1991 DRAFT The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 27, 1991, in the City Hall Council Chambers, 1101 Victoria Curve. Vice -Chair Sandra Krebsbach called the meeting to order at 7:34 o'clock p.m. The following Commission members were present: Friel, Koll, Duggan, Dreelan, Krebsbach. Chair Mike Dwyer arrived late at 8:00 p.m. Excused members were: Tilsen. Also present were Public Works Director James Danielson, Planning Consultant Tim Malloy, and Administrative Assistant Kevin Batchelder. APPROVAL OF MINUTES Commissioner Duggan moved approval of the June 25, 1991 minutes with corrections. Commissioner Dreelan seconded the motion. AYES: 4 NAYS: 0 ABSTAIN: 1 (Friel - Did not participate in Centex hearing.) Administrative Assistant Batchelder announced that tonight's cases would be reviewed under the terms of the old Zoning Ordinance, that was in effect at the time that all of this evening's planning applications were filed. Batchelder stated that the new Zoning Ordinance went into effect on August 21, 1991 upon publication of the ordinance summary in the official city newspaper, the Sun -Current. Batchelder stated that any future applications would be judged under the new ordinance, but for tonight's agenda the old zoning ordinance is being applied. CASE NO 91-31: DESMOND VARIANCE Mark Desmond, of 656 Second Avenue, appeared before the Planning Commission and presented his request for two conformance variances to allow construction of an addition to his home. Mr. Desmond stated the addition is to provide additional garage and living space. Mr. Desmond described the design of the addition and stated he could place shrubbery along the west side of his home. Commissioner Koll moved that the Planning Commission recommend approval of a 3.38 foot side yard setback variance and a 1.4 foot front yard conformance setback variance with the condition that shrubbery be placed along the west wall. Commissioner Friel seconded the motion. AYES: 4 NAYS: 1 (Krebsbach) CASE NO. 91-32: RUTZICR VARIANCE Mr. Mark Rutzick presented his request for a side yard abutting a street setback variance of ten feet. Mr. Rutzick stated he had four children and the need for a large house with a good sized backyard. Commissioner Koll inquired if Mr. Rutzick was aware of the private neighborhood covenants. Mr. Rutzick responded, not at the time of purchase. Mr. Rutzick stated he originally wanted to face the cul-de-sac, but that the only way to fit the house on the lot and have a backyard was to face Wachtler Avenue. Planning Consultant Malloy stated that the proposed garage extends into the thirty foot side yard setback required along right of ways and that it will be visible from both streets. Malloy stated that a key question was if there was too much house for the lot. Malloy stated this house was consistent with the existing homes in the neighborhood and would be an attractive addition to the neighborhood. Malloy stated the lot was pie shaped with two streets, therefore there were not a lot of options that would leave a usable backyard. Malloy stated the pool and fence plans could be better aligned or located, however, it was reasonable to expect a usable back yard. Administrative Assistant Batchelder stated the proposed pool and fence are not being considered for planning approvals at tonight's meeting, however, staff had asked Mr. Rutzick to show them on his plans for discussion. Batchelder stated that, as shown, the pool and fence would need variances under the new ordinance and that without signatures of consent from all ,neighbors within ' 100 feet the pool and fence variances' would require a public hearing. - / • • Commissioner Friel stated that he was concerned about granting variances for the house that would require more variances to complete the plan. Commissioner Friel stated he was worried about granting variances that will lead down the path to the necessity for more variances. Malloy stated that the variance for the pool setback is in the Pool Ordinance and is a different variance than the zoning ordinance. Malloy felt that the pool could fit on the lot without a variance and that the fence could be moved back. Malloy felt that this type of adjustment would leave more rear yard, more usable yard although it would probably require more grading. Malloy stated that under this scenario only the fence would need approval. Mr. Rutzick stated his plans are to build the pool at later date, after his home is constructed and the rear yard can be analyzed. Commissioner Koll stated that she preferred the spaciousness of required yards, however in this case she felt there was a need for the setback but that the applicant would have to be flexible with the pool design in the future. Vice Chair Krebsbach stated that there was a letter in the packet from the Deer Trail Hills Homeowners Association. Commissioner Dreelan stated that the home appears to be well designed and is a nice fit in the neighborhood. Commissioner Duggan inquired about the removal of trees on the property. Commissioner Duggan stated he was concerned that the site plan did not conform to what is actually out there. Commissioner Duggan stated that the curb and private drive are not accurately shown and that he is concerned about the approving a plan that is not quite accurate. Duggan inquired if this lot had been surveyed. Mr. Rutzick replied that the metal stakes mark the lot lines. Planning Consultant Malloy explained the trapezoidal R.O.W. for the cul-de-sac and the property lines of the lot in question by presenting a drawing. Commissioner Friel stated the house design is nice and it fits the neighborhood, however, there is no hardship shown to justify the variance except that the design of the house requires it. Commissioner Friel stated it was clearly possible to design a house that would fit the lot. Mr. Rutzick inquired, what defines a hardship? He stated his children would be denied a backyard. Mr. Rutzick stated he bought the lot, designed a house that was appropriate for the neighborhood and that this is the house his family wants. Commissioner D9ggan inquired if there would be a deck. Mr. Rutzick responded, yes. Vice -Chair Krebsbach stated signatures of consent from the three neighbors had been submitted this evening for the public record. Chair Mike Dwyer arrived at 8:00 o'clock p.m. Mr. John Hartmann, representing the Deer Trail Hills Homeowners Association explained that the cul-de-sac had been designed as a hammerhead and had been changed when built, and perhaps that was why there was confusion about the plan. Mr. Hartmann stated that the homeowners association was in agreement that the requested variance for the garage setback was acceptable. Mr. Hartmann stated that the homeowners association was opposed to the proposed pool and fence variances. Commissioner Koll moved that the Planning Commission recommend that the City Council grant approval of the requested ten foot (10') side yard abutting a street setback variance. Commissioner Dreelan seconded the motion. AYES: 3 NAYS: 2 (Friel, Duggan) ABSTAIN: 1 (Dwyer: arrived late and missed majority of discussion) CASE NO 91-33: PEASE SUBDIVISION AND VARIANCE Mike Pease presented his plans to combine three lots in order to meet the R-1 minimum requirements to allow construction of his proposed home at 940 Chippewa Avenue. Commissioner Friel moved to waive the public hearing requirement under Section 11.3(1) of the Subdivision Ordinance. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 Commissioner Duggan inquired if Mr. Pease would be adding to the house in the future, he felt it was the right fit for the lot as presently shown, and if he was replacing the vegetation that would be removed. Mr. Pease responded that the house is located to save as much vegetation as possible. Commissioner Friel stated that he had a concern about a new house requiring a variance, that this was another design issue. Mr. Pease responded that he had talked to the architect about changing the plan, b)Zj it altered the design of the house they wanted too much. Friel stated that it doesn't meet the hardship requirement. Commissioner Duggan moved that the Planning Commission recommend that City Council grant the requested replat and a four foot (4') rear yard setback variance. AYES: 6 NAYS: 0 CASE NO. 91-30: OLIN PRELIMINARY PLAT/SUBDIVISION Chair Mike Dwyer opened the public hearing. Dr. Olin briefly described his request to plat a lot on Orchard Place and proposed Carly Lane for his son to build a home. Dr. Olin explained that his 13.2 acre parcel also has plans for future subdivision. Dr. Olin stated that he had been trying to convince his neighbors to participate in the area concept plan for years, however, at this time he only wishes to create a lot for his son. Commissioner Krebsbach inquired if the trees would remain along Orchard Place. Dr. Olin responded that he and his son had planted those trees and that they will remain. He stated the trees will be on the newly created lot and not in the Right -of -Way. Commissioner Friel inquired about Lot 3 that was shown on the plan. Dr. Olin stated that he does not wish to create that lot now and that it would be part of Lot 2. Commissioner Friel stated that the legal description for Lot 2 should then include Lot 3 and that Dr. Olin should consider not platting Lot 2 at this time as it will only need to be replatted if it is subdivided. Commissioner Friel inquired if Dr. Olin was sure he wanted to plat Carly Lane at this time. Dr. Olin stated that the house would face proposed Carly Lane with drive access from proposed Carly Lane. Public Works Director James Danielson stated that the existing drive could be used for utility extension. Mr. Malloy stated the City would want an easement over this should ownership change. Danielson stated that it should be dedicated as R.O.W., that the lot does have access to Orchard. Mr. Tim Hartusch, of Hunter Lane, stated he was curious about the area concept plan. Two other Hunter Lane residents expressed a desire to see the plans also. A brief, informal presentation of the plans was conducted. Mr. Keith Kelly, of 1901 Lexington Avenue, stated he lives just east of the area and inquired about the future intent of development. He stated the future cul-de-sac will require a sewer extension through his front yard and that this would impact the wetlands. Commissioner Dreelan moved to close the public hearing. Commissioner Koll seconded the motion. AYES: 5 NAYS: 1 (Krebsbach - Not sure neighbors understand the full extent of the proposal and the area concept plan through the notice that was mailed.) Commissioner Friel moved that the Planning Commission recommend that the City Council grant Preliminary Plat approval for Lot 1 with the condition that a private driveway easement be executed. Commissioner Duggan seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 1 (Krebsbach - Feels the public hearing should remain open.) VERBAL REVIEW ADJOURN Public Works Director provided a verbal review of City Council action on last month's Planning Commission recommendations and cases. There being no further business, the Planning Commission adjourned at 9 o'clock p.m. Respectfully submitted, Kevin Batchelder Administrative Assistant k MENDOTA HEIGHTS FIRE DEPARTMENT JULY 1991 MONTHLY REPORT FIRE CALLS NO. 91125 - 91 138 NUMBER OF CALLS: 1 3 rIRE ALARMS DISPATCHED: NUMBER ACTUAL FIRES Structure - MH Commercial Structure - MH Residential Structure - Contract Areas Vehicle - MH Vehicle - Contract Areas Grass/Brush/No Value MH Grass/Brush/No Value Contract MEDICAL Assist Extrication HAZARDOUS SITUATION Spills/Leaks Arcing/Shorting Chemical Power Line Down FALSE ALARM Residential Malfunction Commercial Malfunction Unintentional - Commercial Unintentional - Residential Criminal GOOD INTENT Smoke Scare Steam Mistaken for Smoke Other MUTUAL AID 1 1 4 4 1 1 1 TOTAL CALLS 13 STRUCTURE CONTENTS MISC. TOTALS TO DATE $1,000 TOTAL MONTHLY ARE LOSSES $0 $0 $1,000 $0 $10,750 $1 00 $15,000 $2,000 FIRE LOSS TOTALS MENDOTA HEIGHTS ALL FIRES, ALL AREAS (MONTH) $1,000 MEND. HTS. ONLY - STRUCT/CONTENTS MEND. HTS. ONLY MISCELLANEOUS MEND. HTS. TOTAL LOSS TO DATE $27,850 $10,250 $15,500 $25,750 LOCATION OF FIRE ALARMS: MENDOTA HEIGHTS MENDOTA SUNFISH LAKE LILYDALE OTHER TOTAL 6 0 4 3 TO DATE 103 2 11 19 2 13 137 LAST YEAR 112 11 8 9 2 142 BILLING FOR SERVICES AGENCY THIS MONTH TO DATE MN/DOT MILW. RR CNR RR 011 -ERS: TOTALS: $0 $0 $0 $0 $0 $0 WORK PERFORMED HOURS TO DATE FIRE CALLS 223 2357 MEETINGS 68 403.5 DRILLS 209 848 WEEKLY CLEAN-UP 2 9 194 SPECIAL ACTIVITY 0 1091.5 ADMINISTATIVE 6 0 672 FIRE MARSHAL 44.5 573.5 TOTALS 633.5 6139.5 LAST YEAR 2738 433.5 553.5 657 202 920 513.5 6017.5 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS INVESTIGATIONS .r RE -INSPECTION MEETINGS ADMINISTRATION SPECIAL PROJECTS TOTAL 12.5 1.5 5.5 3.5 10.5 11 44.5 REMARKS: SEE OTHER SIDE FOR SYNOPSIS FIRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR JULY 1991 CALLS FOR MONTH FIRE FIRE FIRE PERCENT CLEAN MONTHLY GEN OFFICER SQUAD SPECIAL 13 CALLS CALL CALLS ATTENDED UP DRILL MTG MTG DRILL ACT. YEAR TO DATE ATT'D HOURS ATT'D THIS 1 2 2 4 2 ADM 137 MONTH MONTH YEAR YEAR HOURS HOURS HRS. HOURS HOURS HOURS HOURS HRS 13 CHIEF John Maczko 3 3 66 48% 2 2 4 11 89 ASST. Bill Lerbs 5 5 75 55% 3 2 2 4 6 4 60 CAPT. Keith Stein 7 7 91 66% 1 2 2 4 2 11 Paul Dreelan 8 8 76 55% 1 2 2 2 10 Mike Coonan 6 6 45 33% 1 2 2 2 Gordy Sklerven 10 10 85 62% 1 2 2 4 Ed Adrian 9 9 87 64% 1 2 2 2 4 Jim Perron 5 5 57 42% 1 2 2 6 5 Mike Marscullio 0 0% Tom Shields 7 7 83 61% 1 2 2 2 Jerry Nelson, Jr. 10 10 10 77% 1 2 2 2 CAPT.Jamie Lerbs 9 9 79 58% 1 2 2 4 4 Bill Chisler 11 11 • 49 36% 2 2 Marc Connolly 4 4 55 40% 1 2 2 5 Dick Zwirn 3 3 66 48% 1 2 George Lowe 12 12 105 77% 1 2 2 4 2 4 Randy McNamara 1 1 35 26% 2 . Mike Johns 3 2% David Dreelan 12 12 100 73% 1 2 2 2 6 Scott Henning 5 5 5 38% 1 2 2 2 CAPT. Jeff Stenhaug 6 6 53 39% 1 2 2 4 2 4 Leroy Noack 5 5 9 9 72% 1 2 2 14 George Noack Jr. 1 1 43 31% Tom Olund 3 3 28 20% 1 2 2 Mike Maczko 7 7 78 57% 1 2 2 2 4 Aaron Coates 6 6 71 52% 1 2 2 4 Walt Klarkowski 7 7 47 34% 1 2 2 2 Mark Kaufman 5 5 70 51% 0 0'/0 CAPT. Jim Kilburq 9 9 81 59% 2 2 2 4 2 Tom Weinzettel 6 6 45 33% 1 2 2 John Neska 12 12 71 52% 1 2 2 2 10 Ted Husnik 8 8 51 37% 1 2 2 4 John Lapakko 9 9. 92 67% 1 2 2 4 . Kevin Perron 3 3 41 30% 1 2 2 2 4 Tim Oster 4 4 56 41% 1 2 2 2 Roy Kingsley 5 5 61 45% 1 2 2 2 TOTALFORMONTH 223 TOTAL ATTENDED 29 26 24 5 27 18 0 TOTAL FOR YEAR 2357 TOTAL MAN HOURS 29 52 48 20 r60 97 0 THIS MONTH LAST MONTH LAST YEAR• • AVE. RUNS/MAN 6.97 )000000000( )00000000( AVE. MEN/RUN 17.15 15.00 14.59 AVE % FOR YEAR 49.25 48.79 46.54 SYNOPSIS The department responded to 13 calls during the month of July. Only one fire call resulted in dollar loss and that was a vehicle fire on July 8th on Highway 13 at Lilydale Road. The call could have turned into a major incident because when the vehicle went off the road it went into the N.S.P. pumping station and knocked off several vent pipes. Thankfully the fire was controlled and damaged was estimated to be $1,000. The department was dispatched to a fire alarm activation at the Riverwood Apartments at 1015 Sibley Memorial Highway at 2:19 A.M., July 26th. There was a bachelor party going on in the party room and upon our arrival no one was present. We did find that a fire extinguisher had been tampered with and the alarm sounding. Through the investigation of the Police Department and Fire Marshall Paul Kaiser we were able to track down the persons responsible and are currently seeking reimbursement for expenses. TRAINING The monthly departmental drill was spent training on the Self Contained Breathing Apparatus (SCBA) at the fire station. Everyone was put on full protective clothing and apparatus with their face piece taped over so they could not see. They had to advance a line through the fire station and out the back door where a fire was simulated. Proper incident command procedures, safety officer, and full backup crew procedures were utilized and critiqued following the drill. The monthly squad drill was spent practicing and training in proper driving techniques of the Squirt and Tanker. Both of the trucks are manual transmissions. The classes were taught by Jim Perron and John Neska. Every member was required to drive both pieces of apparatus. SPECIAL TRAINING -/ On July 13th the department participated in a County wide Mutual Aid Drill held at Koch Refining. The drill was to simulate a tank fire at one of the storage tanks and to do actual water flow. Our department was utilized extensively and Chief Maczko, Captains Keith Stein and Jami Lerbs held some key tactical positions within the command structure for controlling the situation. MEMO Date: 8-22-91 TO: Mayor, City Council, and City Administrator FROM: Paul R. Berg, Code Enforcement Officer 646i SUBJECT: Building Activity Report for August 1991 CURRENT MONTH YEAR TO DATE 91 YEAR TO DATE 90 BUILDING PERMITS: No. Valuation Fee Collected No. Valuation Fee Collected SFD 4 798,333.00 6,530.71 49 7,629,380.00 67,590.06 APT 0 0 0 0 0 0 TOWNHOUSE 0 0 0 5 563,645.00 5,624.05 CONDO 12 1,013,518.00 6,647.86 28 2,313,761.00 14,868.17 MISC. 25 109,654.00 2,405.20 148 958,644.00 17,118.33 C/I 4 73,120.00 1,073.98 38 8,628,930.00 42,497.59 Sub Total 45 1,994,625.00 16,657.75 268 20,094,360.00 147,698.20 .RADE PERMITS: No. Valuation Fee Collected 49 8,004,199.00 69,149.38 0 0 0 5 638,665.00 6,023.34 16 1,278,376.00 8,116.36 161 1,220,869.00 22,157.87 22 1,265,255.00 _ 8,784.06 253 12,407,334.00 114,231.01 Plumbing 6 113.00 94 3,845.00 94 Water 8 40.00 88 440.00 78 Sewer 8 140.00 69 1,400.00 73 Heat, AC, & Gas 8 353.00 104 9,193.50 119 4,583.00 390.00 1,277.50 15,022.35 Sub Total 30 646.00 355 14,878.50 364 Licensing: Contractor's Licenses 40 1,000.00 421 10,525.00 21,272.85 385 9,625.00 Total 115 1,994,625.00 18,303.75 11044 20,094,360.00 173,101.70 11002 12,407,334.00 145,128.86 NOTE: All fee amounts exclude Sac, Wac, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. Mendota Heights Police Department MEMORANDUM DATE: August 29, 1989 TO: Mayor and City Council City Administraor FROM: Police Chief SUBJECT: Introduction and Discussion The Police Department is requesting the authority to sell 2 vehicles. They are two 1989 Chevrolets that are former squad cars. The 2 vehicles will be advertised and sold by sealed bids in accordance with State and City laws. Before selling the vehicles we will contact the other City Departments to determine whether or not they have any use for the cars. If they desire to keep either of the vehicles we will include their vehicle in the auction. action Required, Grant the Police Department permission to sell two surplus vehicles by sealed bid in accordance with the appropriate statutes and ordinances. i CITY OF MENDOTA HEIGHTS MEMO. August 27, 1991 TO: Mayor, Council and City Administrator FROM: John P. Maczko Fire Chief SUBJECT: End of One Year Probationary Period DISCUSSION: As you are aware Council needs to approve the permanent status of all firefighters after the completion of a one year probationary period. Four firefighters have completed their one year probationary period, they are: Mark Kaufman, Walt Klarkowski, Roy Kingsley, and David Dreelan. All four members have been evaluated based on their contributions over the past year and a meeting of performance standards. RECOMMENDATION: It is the recommendation of the Executive Board, Review Board and myself that their employment status become permanent as they are excellent assets to the Fire Department. ACTION REQUIRED: If Council concurs with the recommendation they should pass a motion approving permanent firefighter status of Mark Kaufman, Roy Kingsley, Walt Klarkowski and Dave Dreelan. JPM:dfw CITY OF MENDOTA HEIGHTS MEMO August 27, 1991 TO: Mayor, Council and City Administrator FROM: John P. Maczko Fire Chief SUBJECT: Firefighter Appointment DISCUSSION: In July, Ken Weisenburger was present at the Council meeting for appointment to a one year probationary period as firefighter on the Mendota Heights Fire Department. At that time Council felt that they could not approve the appointment of Ken Weisenburger because there was not an open position on the department. As of August 31st, Patrick Knight's one year leave of absence has expired. Pat is not in the position to move back into the City at this time and has not made a request for an additional one year leave. With that information in mind, we now have one vacant position. I would recommend that Ken Weisenburger be appointed to fill that position. ACTION REQUIRED: Council should pass a motion appointing Ken Weisenburger to the position of probationary firefighter on the Mendota Heights Fire Department for a period of one year, effective September 3, 1991. JPM:dfw CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, Council, City Administ FROM: Klayton Eckles 1)L' and Shawn Sanders ugust 26, 1991 SUBJECT: Feasibility Report for Bridgeview Shores Third Addition Job Number 9110 Improvement No. 91, Project No. 5 INTRODUCTION Mary Anderson Homes Inc. has presented a proposal for development of the third and final addition to the Bridgeview Shores development plan. A final plat is being prepared which will provide twenty new lots for single family homes south of Friendly Hills. In order to develop the site, City utilities will be required. This report looks at the feasibility and cost of serving the Bridgeview Shores Third Addition with sanitary sewer, watermain, storm sewer, and city streets. DISCUSSION The attached drawing shows the project area, the existing utilities in the area, and the proposed utilities for the new development. The installation of the utilities would be fairly straightforward. The sanitary sewer would be extended from Mohican Court. Watermain would be extended from Mohican Court on the east side, and from Pagel Road on the west side. Storm sewer would be designed to empty water into the existing pond to the south. The streets would be designed according to the city standard of 33' wide with curb and gutter. The streets would be tapered to match the rural street sections at existing Mohican Court and Pagel Road. In addition to streets, a concrete sidewalk would be constructed along the south side of Havenview Court, then down to the bridge. The cost to construct each of the utilities, including construction, engineering, administration, overhead, and contingencies has been estimated as shown: ITEM ESTIMATED COST Sanitary Sewer $64,800 Watermains $58,000 Storm Sewers $16,700 Streets and Walks $98,400 Total Project Cost: $237,900 It is assumed that the developer would complete the grading of the site, so no costs for grading were included in the above numbers. Assessments would be used to cover the costs of the utilities. Since the project benefits every lot equally, assessments should be split evenly between the twenty lots. This would make the assessment to each lot $11,895. The typical development is running between $10,000 and $15,000 per lot. In addition to the proposed assessments, there are $41,639.42 in outstanding trunk assessments already levied. These would have to be split evenly amongst all lots, so the each lot would see an additional $2,081.97 in trunk assessments, bringing the total assessment to each lot to $13,977. The timing of this project would be somewhat unusual due to the developer's desire to get started immediately. The underground utilities could be installed right after the streets are graded, which the developer plans to do this year. Therefore utilities could go in this season, and the street could be constructed next spring, after the utility trenches have settled though the winter. RECOMMENDATION In that this project is both technically and financially feasible, and the developer has petitioned the city for utilities, Staff recommends Council accept the feasibility report and order Staff to begin preparation of plans and specifications. ACTION REQUIRED If Council concurs with Staff's recommendation, Council should pass Resolution 91- , RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT, AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF SANITARY SEWER, WATERMAIN, STORM SEWER, STREETS AND WALKWAYS TO SERVE BRIDGEVIEW SHORES THIRD ADDITION (IMPROVEMENT NO. 91, PROJECT NO. 5). 4 • _S''a City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE BRIDGEVIEW SHORE 3RD ADDITION (IMPROVEMENT NO. 91, PROJECT NO. 5) WHEREAS, the City Engineer has submitted his report to the City Coun- cil with respect to the proposed construction of the following im- provements to serve Bridgeview Shores 3rd Addition, to -wit: The construction of an extension to the City's sanitary sewer system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particular- ly described. The construction of an extension to the City's water distribution system including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particular- ly described. The construction of a storm sewer system including appurtenances and incidental thereto and the acquisition of easements, in and for the area hereinafter more particularly described. The construction of street improvements consisting of the acqui- sition of easements and the grading, stabilization, drainage and bituminous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the area hereinafter more particularly described. WAS, Marvin Anderson Homes, the owner of the property, has hereto- fore in writing petitioned the City Council of the City of Mendota Heights requesting the above described improvements and in said peti- tion requested that the entire cost of said improvements be assessed against said property; and WHEREAS, the City Engineer reported that the proposed improvement and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minneso- ta and is more particularly described as follows: Bridgeview Shores 3rd Addition NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. The engineer's report is hereby accepted. 2. That it is advisable, feasible, expedient and necessary that the City of Mendota Heights construct the above described improvements, and it is hereby ordered that said improvement be made. 3. That the City Engineer be and he is hereby authorized and directed to prepare plans and specifications for said im- provement. 4. That said improvement shall hereafter be known and designat- ed as Improvement No. 91, Project No. 5. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO August 29, 1991 TO: Mayor, City Council and City Administrator FROM: Klayton H. Eckles Civil Engineer SUBJECT: Bridgeview Shores 3rd Addition - Final Plat DISCUSSION: Attached is a copy of the Bridgeview Shores 3rd Addition final plat for your review and approval. Staff has reviewed the plat and it conforms to the approved preliminary plat. RECOMMENDATION: Staff recommends Council review and approve the attached final plat. ACTION REQUIRED: If Council concurs with the staff recommendation they should pass a motion adopting Resolution No. 91- , RESOLUTION APPROV- ING FINAL PLAT FOR BRIDGEVIEW SHORES 3RD ADDITION. KHE:dfw City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91— RESOLUTION APPROVING FINAL PLAT FOR BRIDGEVIEW SHORES 3RD ADDITION WHEREAS, a final plat for Bridgeview Shores 3rd Addition has been submitted to the Council; and WHEREAS, the City Council has reviewed said final plat. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the final plat of Bridgeview Shores 3rd Addition submitted at this meeting is hereby approved. 2. That the appropriate City officials be and they are hereby authorized to execute the final plat -on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS MEMO August 29, 1991 TO: Mayor, City Council and City Administrator FROM: Lawrence E. Shaughnessy, Jr. Treasurer SUBJECT: Lennox Development Agreement HISTORY: Council had previously given approval of the use of Tax Increment Financing for the development by United Properties for the Lennox project. The use of funds was to include some front end monies to provide site improvements and noise attenuation, land write down and a "pay as you go" revenue note payable from future tax income off the property. To facilitate and spell out the details of this agreement, the company, City Attorney and staff have been active in drafting the attached Developer's Agreement. ACTION REQUIRED: Approve Developer's Agreement for the project improvements to the Lennox property. LES:mlk DRAFT NO. 4 8/30/91 CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made on or as of the day of 1991, by and between The City of Men oc'f to Heights (the "City") , a statutory city of the State of Minnesota, having its principal offices at 1101 victoria Curve, Mendota Heights, Minnesota and The Northland Company, a Minnesota corporation (the "Developer"), with its principal office at 3500 West 80th Street, Suite 100, Minneapolis, Minnesota 55431. WITNESSETH: WHEREAS, the City is a statutory city of the fourth class organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the City Council (the "Council") of the City; and • - WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Sections 469.124 through 469.134, as amended (the "Act"), the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 (the "Tax Increment Act"), as amended, the Council is authorized to finance the capital and administration costs of a development district with tax increment revenues derived from a tax increment financing district established within such development district; and WHEREAS, the Council has adopted the Development Program (the "Development Plan") on May 5, 1981 creating Development District Number 1 (the "Development District") pursuant to the Act; and WHEREAS, in connection with the Development Plar,L/the Council of the City has established a tax increment financing district pursuant to the Tax Increment Act (the "Tax Increment District"); and WHEREAS, in order to achieve the objectives of the Development Plan the City is prepared to acquire the Development Property and convey such Development Property to the Developer, in order to assist in making a proposed development by the Developer more feasible; and WHEREAS, the City believes that the development of the Development District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program is being undertaken and assisted; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means the Municipal Development Districts Act, Minnesota Statutes, Sections 469.124-469.134, as amended. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "City" means the City of Mendota Heights, Minnesota. "City Deed" means a limited warranty deed, substantially in the form of the deed attached hereto as Exhibit B hereto, used to convey the Development Property from the City to the Developer. "Construction Plans" means the plans, specifications, drawings and documents related to the Development Property and the construction work to be performed by the Developer on the Development Property including, but not limited to, the following: (1) as built survey of Development Property, (2) site plan; (3) foundation plan; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) facade and landscape plan; and (8) such other plans or supplements to the foregoing plans as the City may reasonably request. "Council" means the city council of the City. tri "County" means the County of Dakota, Minnesot. • "Developer" means The Northland Company, a Minnesota corporation, and its permitted successors and assigns. "pevelopment District" means the Development District Number 1 created by the City pursuant to the Development Plan. "Development Plan" means the Development Program- for Development District Number 1 adopted by the Council on May 5, 1981, as the same may be amended. "Development Property" means the real property legally described on Exhibit A attached hereto and incorporated herein. "Development Property Deed" means a warranty deed, substantially in the form of the deed attached hereto as Exhibit C, used to convey the Development Property from the fee owner of the Development Property, to the City. "Event of Default" means an action described in Section 8.1 of this Agreement. "Minimum Improvements" means, collectively, the Site Improvements and an approximately 30,517 square foot commercial facility to be constructed by the Developer on the Development Property. "Note" means the Limited Revenue Tax Increment Note in the original principal amount of $160,000, and providing for the payment of interest as set forth therein, substantially in the form of Exhibit D attached to and incorporated in this Agreement, and to be made by the City payable to the order of the Developer and delivered by the City to the Developer in accordance with Section 3.1 hereof. "Preliminary Development Plan" shall mean, collectively, the Construction Plans and all other writings, drawings or other artistic renderings, applications, agreements or other documents submitted to and approved by the City in connection with this Agreement and/or the Project. "Project" means the acquisition of the Development Property and construction of the Minimum Improvements thereon. "Site Improvements" means, collectively, all those certain improvements to the Development Property described on Exhibit E attached hereto and incorporated herein. "State" means the State of Minnesota. "Tax Increment" means that portion of the rkAl estate taxes paid with respect to the Development Property. which is remitted to the City as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174-469.179, as amended. "Tax Increment District" means the Tax Increment Financing District Number 1 created and amended by the City pursuant to the Tax Increment Plan adopted in connection with the Development Plan. "Tax Increment Plan" means the Tax Increment Financing Plan adopted by the City on May 5, 1981, in connection with the creation of the Tax Increment District. "Tax Official" auditor; City, commissioner of district court, Supreme Court. means any City or county assessor; County County or State board of equalization, the revenue of the State, or any State or federal the tax court of the State, or the State "Unavoidable Delays" means delays which are the direct result of strikes, shortages of materials, war or civil commotion, delays which are the direct result of unforeseeable and unavoidable casualties to the Minimum Improvements, the Development Property or the equipment used to construct the Minimum Improvements, delays which are the direct result of governmental action or inaction beyond the control of Developer, delays which are the direct result of judicial action commenced by third parties, citizen opposition or action affecting the Project or adverse weather conditions, or to any other cause or action beyond the reasonable control of the party seeking to be excused as a result of its occurrence. ARTICLE II. Representations and Warranties Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: a. -The City is a statutory city of the State with all the powers of a statutory city of the fourth class duly organized and existing under the laws of the State. Under the provisions of the Act and any other applicable laws, the City has the power to enter into this Agreement and carry out its obligations hereunder. b. The City has created,..adopted anTf� approved the Development District and Tax Increment District'ir}-accordance with. the respective terms of the Act and. the'Tax Increment Act. c. The City proposes to acquire the Development Property and cpnvey the Development Property to the Developer for use in accordance with the Development Plan and the Tax Increment Plan. d. To finance a portion of the obligations of the' City hereunder, the City proposes to make the Note payable to the Developer in accordance with the provisions hereof and to pledge tax increment generated by the Tax Increment District to the payment of the principal and interest on the Note according to its terms. e. The City makes no representations, guaranty or warranty, either express or implied, as to the Development Property, or any portion thereof, its condition, or its suitability for the Developer's purposes or needs or the economic feasibility of the Project. Section 2.2. Representations, Covenants and Warranties by the Developer. The Developer represents and warrants that: a. The Developer is a Minnesota corporation which has duly authorized the execution and implementation of this Agreement through proper action. b. In the event the Development Property is conveyed to the Developer, then the Developer shall operate and maintain the Minimum Improvements in all material aspects in accordance with the terms of this Agreement, the Development Plan and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). c. Subject to the provisions of Section 7.2 hereof, the Developer is or shall be the owner of the Development Property. d. The Developer shall construct the Minimum Improvements in accordance with all applicable local, state or federal energy -conservation laws or regulations. e. The Developer shall obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. f. The Developer covenants that the cost of the Minimum Improvements to be completed; on the DevcJOipment Property (including -construction costs, architect fees, construction interest, survey fees, soil testing but excluding acquisition of the Development Property)` shall be not less 'than One Million One Hundred Thousand and 00/100 Dollars ($1,100,000.00). g. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions or any corporate restiiction or any evidences of indebtedness, agreement or' instrument of whatever nature to -5- which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. h. The Developer acknowledges and agrees that the purchase price of the Development Property to be paid to the City by the Developer under this Agreement is substantially less than its fair market value and further represents and warrants that it would not be able to undertake the Project without the assistance to be provided by the City under this Agreement. i. Upon reasonable inquiry and investigation, to the best of its knowledge no "hazardous" or "toxic" substances (as those terms are defined in any state or federal rule, regulation, statute or other law relating to environmental matters) is located or has been disposed of or released on, under or about the Development Property. j. The Developer shall cooperate with the City with respect to any litigation commenced with respect to the Development Plan or the Project. Except for any willful or wanton misconduct of the City, its employees, council members, officers or employees, the Developer shall indemnify the City against all costs including reasonable costs of defense incurred by the City through an attorney of its choosing, with respect to any litigation commenced by third parties in connection with the Project or this Agreement. ARTICLE III. Acquisition and Conveyance of Property; Undertakings of Authority and Redeveloper Section 3.1. Acquisition of Development Property. Prior to the time the City delivers the Certificate of Completion as provided in Section 4.4 the City shall, subject to Unavoidable Delays and provided no Event of Default has occurred, make all reasonable attempts to acquire the Development -Property from the current fee owner thereof, Northland Land Company, a Minnesota corporation and an affiliate of Developer ("Owner"), at an aggregate price not to exceed $200,700 (including all closing cos:b and recording fees payable by the City in connection therei/ith). . The City shall not be required to exercise its right of"eminent domain to acquire the Development Property. Developer acknowledges that it will be commencing construction of the Minimum Improvements, with Owner's consent, prior to acquisition of the Development Property by the City and subsequent conveyance thereof to the Developer pursuant to Section 3.2 hereof, and hereby assumes all risk in connection therewith. Section 3.2. City Conveyance of Development Property- and Delivery of Note. a. At the time of the issuance by the City of the Certificate of Completion, assuming successful acquisition of the Development Property by the City, the City shall convey title to and possession of the Development Property to the Developer pursuant to the City Deed. The Developer shall pay all taxes and costs payable as a condition to recording of the City Deed. b. The purchase price to be paid to the City by the Developer in exchange for the City Deed shall be Thirty Five Thousand Seven Hundred and 00/100 Dollars (35,700.00). c. At the time of issuance by the City of the Certificate of Completion, assuming successful acquisition of the Development Property by the City, the City shall make and deliver the Note to the Developer. Section 3.3. Place of Document Execution, Delivery and Recording. a. Unless otherwise mutually agreed by the City and the Developer the execution and delivery of all deeds, documents and payment of any purchase price shall be made at the offices of the City. b. The Development Property Deed shall be in recordable form and shall be promptly recorded in the proper office for the recordations of deeds and other instruments pertaining to said portions of the Development Property. The Developer shall pay all costs for such recording and all state deed taxes, if any, payable in relation thereto. Section 3.4. Site Improvement Costs. Upon issuance of the Certificate of Completion by the City, the City shall reimburse the Developer for the lesser of (a) actual cost of completion of the Site Improvements, or (b) the sum of One Hundred Thousand and 00/100 Dollars ($100,000.00). The Developer agrees to deliver to the City at closing a certificate, in form and substance acceptable to the City, acknowledging and warranting the cost of completion of the Site Improvements. ARTICLE IV. /? Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will construct the Minimum Improvements on the Development Property in accordance with the approved Preliminary Development Plan. Section 4.2. Preliminary Development Plan. a. The City has approved the Preliminary Development Plan as submitted by the Developer. b. If the Developer desires to make any material change in the Preliminary Development Plan, the Developer shall submit the proposed change to the City for its approval. The Developer acknowledges that upon entering this Agreement, the City in no way waives its right of final approval of materials and submissions required herein, including, but not limited to, final Construction Plans and the City expressly reserves its right to deny approval of any plans and permits should the Developer fail to proceed in accordance with this Agreement and/or fail to perform in total compliance with the obligations herein and the requirements of the City's Zoning Ordinance and City's Subdivision Ordinance and other applicable City codes and ordinances affecting the Development Plans and/or Development Property. Section 4.3. Completion of Construction. Subject to Unavoidable Delays, the Developer shall achieve final completion of the construction of the Minimum Improvements on or before December 31, 1992. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the Development Property shall be done in a good and workmanlike manner with quality materials and in strict compliance with the Preliminary Development Plan as submitted by the Developer and approved by the City. The Developer agrees for itself, its successors and assigns, and every successor in interest to the Development Property, or any part thereof, that the Developer, and such successors and assigns, shall diligently prosecute to completion the development of the Development Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be completed within the period specified in this Section 4.3 of this Agreement. Prior to the City furnishing the Developer with a Certificate of Completion with respect to the Minimum Improvements, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the City, as to the actual progress of the Developer with respect to such construction. Section 4.4. Certificate of Completion. a. Promptly after final completion oft$e Minimum Improvements in accordance with the terms hereof (including the date for completion thereof), the City will furnish the Developer with an appropriate instrument so certifying. Such certification by the City shall be (and it shall be so pNovided in the certification itself), absent latent error or defect, a determination of satisfaction of the agreements and covenants in the Agreement with respect to the obligations of the Developer to construct the Minimum Improvements. b. If the City shall refuse or otherwise be unable to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the City shall, within ten (10) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the, Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification. ARTICLE V. Insurance Section 5.1. Development. The Developer shall provide and maintain at all times during the process of constructing the Minimum Improvements for the benefit of the Developer and the City and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (1) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent .(100%) of the replacement value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. (2) Comprehensive general liability insurance (including operations, contingent .liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $3,000,000 for each occurrence (to accomplish the above -required limits, an umbrella excess liability policy may be used). (3) Worker's compensation insurance, with statutory coverage. (4) Performance bond and labor and material payment bonds in an aggregate amount equal to not less than ninety percent (90%) of the actual cost of constructioni;bf the Minimum Improvements. Section 5.2: Casualty. The Developer shall provide and maintain for the term of the Tax Increment District, for the benefit -of the Developer and the City, and, from time to time at the request of the City, furnish the City with proof of payment on fire and casualty insurance in an amount equal to one hundred percent (100%) of the replacement value of the Minimum Improvements against loss or damage by fire, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, water leakage and damage of any kind from any nature whatsoever and such other risk or risks of a similar or dissimilar nature and such other coverages as are now, or may in the future be, customarily covered with respect to buildings and improvements similar in -9- AUG -30-91 FRI 10:13 WINTHROP ec WEINSTINE construction, general location, use, occupancy and design to the Minimum Improvements. Such insurance policy shall be issued by an insurance company reasonably acceptable to the City and shall not be subject to modification or termination without sixty (60) days prior written notice to the City and shall name the City as a loss payee, subject to the prior rights as with respect to such proceeds of any holder of any mortgage encumbering all or any part of the Development Property. ARTICLE VI. Prohibitions Against Assignment and Transfer Section 7.1. Relresentation as to Development. The Developer further recognizes that, in view of (a) the importance of the development of the Development Property to the general welfare of the community and (b) the substantial financing and other public aids that have been made available by the City for the purpose of making such development possible, the qualifications and identity of the Developer, are of particular concern to the community and the City. The Developer further recognizes that it is because of such qualifications and identity that the City is entering into the Agreement with the Developer, and, in so doing, is further willing to accept and rely on the obligations of the Developer for the faithful performance of all undertakings and covenants hereby by it to be performed. Section 7.2. Prohibition Against Transfer of Property and Assinment of Agreement. For the foregoing reasons, the Developer represents arta agrees that prior to completion of construction of the Minimum Improvements: a. Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Development Property, or any part thereof, to perforin its obligations with respect to making the Minimum Improvements under the Agreement, and any other purpose authorized by/the Agreement, the Developer (except as so authorized) has nob made or created, and that it will not, make or, create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer, in any other mode or form of or with respect to the Agreement or the Development Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. b. The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (i) any proposed transferee shall have the qualifications and financial responsibility,as determined by the City, necessary and adequate to fulfill the obligations undertaken in. this Agreement by the Developer (or, in the event the transfer is of or relates to part of AUG -30-91 FRI 10=14 WINTHROP e, WEINST INE the Development Property, such obligations to the extent that they relate to such party; (ii) there shall be submitted to the City for review and approval by the City in writing, all instruments and other legal documents involved in effecting transfer; and (iii) any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have assumed all of the obligations of the Developer under the Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject. No transfer of, or change with respect to, ownership in the Development Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from the Agreement with respect to the Development Property and the construction of the Minimum Improvements that the City would have had, had there been no such transfer or change. Except as otherwise set forth above, however, in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Developer, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto or from any of its other obligations under this Agreement. Notwithstanding anything contained herein to the contrary, subsequent to issuance of the Certificate of Completion, there shall be no restriction hereunder on sale, transfer or other conveyance of the Development Property, or any part thereof or interest therein. ARTICLE VII. Events of Default .. Section 8.1. Events of. Default. The term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides): a. Failure by the Developer to commence and complete the Development Plan on or before December 31, 1992 in conformance with the terms, conditions, and limitations of this Agreement,; b. Failure by the Developer to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement and the continuance of such failure for thirty (30) days after written notice thereof from the City; AUG -30-91 FRI 10:15 WINTHROP & WEINST INE P_ 08 C. A petition •of, or claim for relief in, bankruptcy or insolvency is filed pursuant to any current or future bankruptcy or insolvency laws naming the Developer as debtor, and such petition is not dismissed within ninety (90) days of the date of filing thereof. Section 8.2. Remedies on Default. Whenever any Event of Default occurs, in addition to all other remedies available to the City at law or in equity or elsewhere in.this Agreement, the City may (i) suspend its performance under the Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer has cured. its default and will continue its performance under the Agreement, and/or (ii) take any one or more of the following actions: a. The City may withhold the Certificate of Completion and a certificate of occupancy for the Minimum Improvements. b. The City may terminate this Agreement. c. The City may initiate an action seeking damages, specific performance of this -Agreement or any other relief available at law or in equity. The City and Developer hereby agree that all costs, direct or indirect, paid or incurred by the City in connection with this Agreement or the Project, and including without limitation all sums advanced to or for the benefit of the Developer hereunder, shall constitute damages of the City for purposes hereof. Except as set forth in the previous sentence, the City shall not seek recovery against the Developers of any consequential damages. Section 8.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or Developer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this agreement or now or hereafter. existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any: default shall impair any such right or power or shall be corysrued to be a waiver thereof, but any such right and power pay be.•exercised from time to time and as often as may be deemed expedient..: in order to entitle the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required by this Article VIII. Section 8.4. No Additional waiver. .tm•lied b One Waiver. In the event any agreemen con a ne in s Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall. -not be deemed tore waive any other, concurrent, previous or subsequent breach'heretinder. ARTICLE VIII. Additional Provisions Section 9.1. Conflict of Interests; City Representatives Not individually Liable. No member, official, or employee of the City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 9.2. Restrictions on Use. The Developer shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Development Property or any Improvements erected or to be erected thereon, or any part thereof. Section 9.3. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 9.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and a. in the case of the Developer, is -addressed to or delivered personally to the mailing or delivery address the Developer will, from time to time, furnish to the City; and b. in the case of the personally to the City Heights, Minnesota 55118 may, from time to time, the Developer. City, is addressed to or delivered at 1101 Victoria Curve, Mendota or at such other address as the City designate in writing and forward to Section 9.6. Indemnification. Developer agrees, that anything to the contrary herein notwithstanding, the City and its agents, officers, council members or employees shall not be liable or 4. -13- responsible in any manner to the Developer, the Developer's contractors, material men, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions or cause of action'of any kind or character arising out of or by reason of the execution of this Agreement, the transaction contemplated hereby, the acquisition, construction, installation, ownership and operation of the Project, the Minimum Improvements and/or Development Property. The Developer will indemnify and save the City harmless from any and all claims, demands, damages, actions or causes of action or the cost of disbursements, and the expenses of defending the same, specifically including, without intending to limit the categories of such costs, costs and expenses for City administrative time and labor, cost of engineering and planning services, and cost of all legal services rendered, and other direct out-of-pocket expenses incurred, in connection with defending such claims as may be brought against the City for acts, directly or indirectly related to occurring at or about, or resulting or arising from the Minimum Improvements and/or Development Property, unless such claims or damages are caused solely by the gross _negligence or willful act of the City, its agents, officers, or employees. In addition, the Developer agrees to reimburse the City for any and all costs and expenses, including without limitation attorney fees, paid or incurred by the City in connection with or relating to enforcing performance of (or seeking damages for Developer's failure to perform) any covenant or obligation of Developer under this Agreement. The City shall not be entitled to reimbursement of such attorney fees and litigation costs if the City shall not have been the prevailing party by being awarded any material portion of the relief sought in respect of any claim brought) in such litigation. The indemnification set forth above shall include, without limitation, any liability, damages, claims or costs incurred or asserted against the City relating to the alleged presence or release of hazardous or toxic substances on, under or about the Development Property. Section 9.7. Covenants. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant, employees, independe»t contractor, consultant and/or legal counsel of the City. Section 9.8. Governing Law. The City and Developer agree that this Agreement shall be governed and construed in accordance with the laws of the State of Minnesota and acknowledge that this Agreement is the type of agreement described in Minnesota Statutes, Section 469.176(5). Section 9.9. Time is of the Essence. Time shall be of the essence in this Agreement. Section 9.10. Termination. The parties acknowledge and agree that either party hereto may terminate this Agreement, whereupon neither party shall have liability hereunder, upon the giving of 10 days written notice of its intention to so terminate the Agreement if, for reasons other than Unavoidable Delays, the Developer has failed to obtain a written commitment for mortgage or other financing sufficient to construct the Minimum Improvements within six (6) months from and after final approval of the Development Plan by the City Council and proof thereof has not been presented to and approved by the City prior to such date. Section 9.11. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed on or as of the date first above written. THE CITY OF MENDOTA HEIGHTS By Its Mayor Attest: Its City Clerk THE NORTHLAND COMPANY By Its: By Its: 1/ -1-1 CITY OF MENDOTA HEIGHTS MEMO August 30, 1991 TO: Mayor, City Council and City Administrator FROM: Klayton H. Eckles Civil Engineer SUBJECT: Plans & Specifications Mendota Heights Business Park 2nd Addition - Lennox Job No. 9106 Improvement No. 91, Project No. 3 DISCUSSION: Attached is a copy of the title page for Mendota Heights Business Park 2nd Addition (Lennox) plans. Staff has completed the plans and specifications and now seeks Council authorization to advertise for bids. We anticipate receiving bids at 10:30 A.M., Thursday, September 12th with bid award at the September 17th City Council meeting and completing the project this con- struction season. RECOMMENDATION: Staff recommends that Council approve the plans and specifi- cations and authorize advertisement for bids. ACTION REQUIRED: If Council concurs with the staff recommendation they should pass a motion adopting Resolution No. 91- , RESOLUTION APPROV- ING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE MENDOTA HEIGHTS BUSINESS PARK 2ND ADDITION - LENNOX (IMPROVEMENT NO. 91, PROJECT NO. 3) KHE:dfw } 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 MENDOTA HEIGHTS BUSINESS PARK 2ND ADDITION - LENNOX (IMPROVEMENT NO. 91, PROJECT NO. 3) WHEREAS, the City Engineer reported that the proposed im- provements 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 Engineer proceed with the preparation of plans and specifi- cations thereof; and WHEREAS, the City Engineer has prepared plans and specifica- tions 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 advertise 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 10:30 o'clock A.M., Thursday, Sep- tember 12, 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 3rd day of September 1991. CITY COUNCIL -i� CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL September 3, 1991 Concrete License Mid -Minnesota Concrete/Exc., Inc. General Contractors Licenses Arteka Corporation Kindy Construction, Inc. Riviera Homes, Inc. Pete Smith Excavating Southview Design & Const., Inc. Springline Construction i .1 September 3, 1991 TO: Mayor and City Council • CLAIMS LIST SUMMARY: Total Claims Significant Claimc $144,072 Flexible Pipe Tool Sewer Jet 63,798 MWCC Sewer charges 36,049 Turf Supplys Lawn supplies Parks 5,299 Winthrop Weinstine June/July bills 8,004 Unusual Claims Fischer Auto Lakeland Fors Mulvihll Prop purchase Repairs F. D. manual check 2,498 3,140 25,337 30 Aug V Fri 10:09 Ternp Check Number Ternp. Check Number Vendor Name 1 9ept 1O -Adm Dept 50 -Roads 9/3/91 Claims List .15 -Engr,, , , 60 -Utilities City of Mendota Height i,'Y _ _20 -PolAce,,,, -, .,„:770 -Parks 30 -Fire 80 -Planning 40 -CEO 85 -Recycling 90 -Animal Control Account Code 1 A T & T " 8, • 01-4210-14010.''- 1AT& T - 1-01-4210-020-20 - 1 A T & T • --05-4210."40515 • 1 A T & T 1 01-4210-030-30:- - 4 Totals Ternp Check Number 1 I•; " • • Comments ld calls ld Calls Id calls ld calls Ternp Check Number 2 2 AT&T 01-4210-070-70 Sept svc 2 AT&T 01-4210-050-50 Sept svc 2 AT&T 15-4210-060-60 Sept svc Totals Ternp Check Number 2 Temp Cgeck Number 3 3 Alexander Battery North 3 Totals Temp CheckNumber Ternp Check Number 4 01-4620-020-20 3 4 Air Conditioning Assoc Inc 01-4335-315-30 4 Totals Ternp Check Number 4 Ternp Check Number 5 5 American Nation'al Bank 5 35-4226-000-00 Totals Ternp Check Number 5 Temp Check Number 6 6 Apple Printing 6 Apple Printing 01-4300-080-80 01-4300-080-80 _12 Totals Ternp Check Number' 6 Ternp Check Number Pane 1 Amount • ,' 14.76 2.92 ,i 2.48 . 55.58 22.02 10.53 10.53 43.08 splys 412.18 rprs 412.18 339.29 339.29 88 bd fee 237.12 237.12 ./ splys zo recodification 582.57 splys zo recodification 8.15 590.72 c71 ;-) 7 7 Battery & Tire Warehouse 01-4330-440-20 splys 34.95 , 30 Aug 1 Fri 10:0S remn Check Number 7 Claims List - ��� Page 2 City of Mendota Heighl.= 1- - Temp, Check ' - ' / ' • ^ ' ,.. Number Vendor Name Account Code uoMments `. , '` *:.. 7 Battery & Tire wareobute" '' wz ` ' '' splys -- ' ^ �' ^ ^ '� .` '.x ', 14 . a ~ \ :./ u , N Totals Temp Check Number ±' - ` 7 ' ` ^.� � Temp Check Number 8 Boland Bros � — ,' ^c wmount 1a'36 : • '5a.a5 8 Totals Temp Check Number Temp Check Number 9 . 9 Cellular one Sales & Svc � Tem TRffiR*P`ecx wumuer-fw 10 colzins.szectricaz Const 01 -*211-4e0-50 10 Totals Temp Check Number 10 Temp Check Number 11 01 -*335-315-3-0 8 01-4210-110-10 9 11' Commercial Asphalt 01-4422-050-50, 11 Totals Temp Check Number 11 Temp Check Number 12 12 Marcus Connolly, 01 12 Totals Temp Check Number 12 Temp Check Number 13 13 County Recorder 01 13 Totals Temp Zbeck Number 13 Temp Check Number 14 14 Crown Marking Inc 14 Totals Temn'ohecu Number - '1 July svc 230.00 230.00 pro cellular phones 75.00 75.00 rprs MH Rd/Northland 4ee.00 429.00 mix 451.09 x` 451.09 exp reimb 91'70 ./ 91.70 Re Owens lot split 10.00 10.00 01-4300-110-10 - - • 63'15 14. . . 63.15 '^--'_-----_ --_ 30 Aug 1 Fri 10:0, ^/ Temp Check Nimber 15 ' Claims List ' `. '� .' Page 3 City of Mendota Heights =,-;=,,- =' Z4 remn Check ,a~ �,x°/' .'. Number Vendor Name Account Code 15 Dakota County Hwy� o��� ^o^. ^ ' 15 +` ` .'� / '�' '`^ y' , ^ Totals Temp Check wumuero-°* 15 4 Temp Check Number 16 - --' - -- -- — ' � •.' � ^ ' 16 James Danielson 05-4415-105-15 16 Totals Temp Check Number 16 Temp Check Number 17 ' 17 Discom of Minn Inc 01-4330-440-20 xw o ^*'° k. ' xp :I'. Comments Amount share tfc signals' . '�`' s' o Sept allow rprs 120.00 120.00 98.50 17 98.50 Totals Temp Check Number 17 Temp Check Number 18 18 Dennis Delmont 01 -**15-0e0-20 Sept allow 1e0.00 1a� 1aw'mw Totals Temp Check Number 18 Temp Check Number 19 19 Davies Water Eq 15 -4330 -*90-60 rprs 1,6e3.50 19 Totals Temp Check Number 19 - Temp Check Number 20 1,623.50 20 Ferris Sod Farms sod 367.50 '/ 20 367.50 Totals Temp Check Number 20 Temp Check Number 21 21 Fieldstone Cabinentry Inc. 01-4131-020-20 Sept Re oarlock 78.00 21 78.00 Totals Temp Check Number 21 Temp Check Number 22 22 First Trust ' 85-4226-000-00 ' Bd fee 86 -• 664.50 aa . 664'50 Totals Temp Check Number - - ..` O I 30 Aug ' y- -.p' - Claims List Page 4 Fri 10:Q• 1 City c.f Mendota Heigr,__. •= "- t Ternp Check Number 23 Temp. "- ' ' Check t-pi,c. a - ' 4, - Number Vender Narne Account Code Comments Amount :. • _.t ..:.t :- L, . 23 Friedges Landscaping Inc % 09-4460-000-00 sod 89-6D • 67.50' _ 23 r; _ " .. 67.50 ' Totals Ternp Check Number' 23 Temp Check Number 24• 24 Fischer Auto Svc '01-4330-466-30-'1 24 Totals Ternp Check Number 24 Ternp Check Number 25 rprs -2, 498.07 2,498.07 25 Flexible Pipe Tool 15-4620-060-60 Truck/sewer clnr 63,730.38 25 Flexible Pipe Tool 15-4620-060-60 parts 67.24 50 63,797.62 Totals Ternp Check Number 25 Temp Check Number 26 26 First Interstate Bank Trustee 01-2071 26 First Interstate Bank Trustee 01-4132-020-20 26 First Interstate Bank Trustee 01-4132-050-50 78 Totals Ternp Check Number 26 Ternp Check Number 27 G 0 A Corp 27 Totals Ternp Check Temp Check Number 27 Number 28 28 Gopher Sign Co 28 Totals Ternp Check Number Temp Check Number 29 29 Jim Hatch Sales • 01-1210 27 01-2127 28 01-4305-050-50 29 Totals Ternp Check Number 29 Ternp Check Number 30 ' 30, I C M A • "-- ••-- - 01-4400-110-10 - --- Sept prem Sept prem Sept prem oil Crime watch signs splys trng manual 222.33 69.46 19.28 311.07 204.25 204.25 347. 20 `v 1 347.20 43.90 43.90 180.00 30 Aug, 1 Fri 10:0`_ Ternp Check Nurnber 30 Ternp. Check Nurnber Vendor Narne Claims List City of Mendota Height,- - Account Code Comments ..1. 1 ' •, _ .. ..; 30 Totals Ternp Check Nurnber Temp Check Number 31 30,. 31 I C M A RT 01-2072 31 1 C 11 RT 01-4134-110-10 62 Totals Ternp Check Number 31 Page 5 Amount 180.00 8/9 payroll 175.72 8/9 payroll 91.32 267.04 Ternp Check Nurnber 32 32 Johns Stump Removal 01-4500-050-50 tree svc 229.50 32 229.50 Totals Ternp Check Nurnber 32 Ternp Check Nurnber 33 33 Paul Kaiser 01-4268-150-30 Aug svc 1,357.20 33 1,357.20 Totals Ternp Check Number 33 Temp Check Number 34 34 Knox Commercial Credit 01-4305-030-30 splys 53.72 34 Knox Commercial Credit 01-4305-030-30 splys 20.75 34 Knox Comrnercial Credit 01-4305-030-30 splys 29.34 34 Knox Commercial Credit 01-4305-030-30 splys -- 31.93 34 Knox Commercial Credit 01-4424-050-50 splys 3.99 170 139.73 Totals Ternp Check Number 34 7 Temp Check Number 35 35 Knutson Rubbish Service 08-4335-000-00 Aug svc 60.06 35 60.06 Totals Ternp Check Number 35 Temp Check Number 36 36 Thomas Knuth 09-4415-000-00 -- - - mi reimb -- 41.53 - 36 Thomas Knuth 72-4415-835-00 rni reimb 47.57 36 Thomas Knuth 41-4415-846-00 mi reimb 24.47 36 Thomas Knuth - 33-4415-841-00 - -- mi reimb 15.13 / 30 Aug 1 1 Fri 10:0_ Ternp Check Number 36 Ternp. Check Number Vendor Name 36 Thomas Knuth 180 Totals Ternp Check Number Ternp Check Number 37 37 Krechs Office Machines 37 Krechs Office Machines 74 Totals Ternp Check Number Ternp Check Number 38 38 L E L S 38 Totals Ternp Check Number Temp Check Number 39 Claims List City of Mendota Heigh__ ' Account Code 05-4415-105-15 36 01-4300-110-10 01-4300-110-10 37 01-2075 38 Comments Sept allow splys splys Page 6 Amount 10.00 138.70 166.00 52.46 218.46 Sept dues 250.00 250. 00 fae MI Fgiffig Guy kli 132f8 Stiz441'.,-110-11 rni reirnb , 11.39 117 92.75 Totals Ternp Check Number 39 Temp Check Number 40 40 League of MN Cities 40 League of MN Cities 80 Totals Temp Check Number 01-2074 01-4131-020-20 40 • Sept prem Sept prem 544.84 813.27 1,358.11 Ternp Check Number •41 41 Lagerquist Corp 08-4335-000-00 Sept svc 82.60 41 82.60 Totals Temp Check Number 41 Temp Check Number 42 42 Lakeland Ford- 01-4330-460-30 rprs 2286 3,094.94 42 Lakeland Ford 01-4330-460-30 parts 2287 44.69 84 Totals Ternp Check Number, . 42 3,139.63 30 Aug 1 Claims List Fri 10:0. t City of Mendota,Heigh,. Ternp Check Number 43 Ternp. Check Nurnber Vendor Narne Account Code 43 M Thomas Lawell 01-4415-110-10 43 175.00 Page 7 MO Comments Amount 175.00 Sept allow Totals Temp Check Number 43 Temp Check Nurnber 44 44 Leef Bros 44 Leef Bros 44 Leef Bros 132 Totals Temp Check Number Ternp Check Number 45 45 William Lerbs 45 Totals Ternp Check Number Ternp Check Number 46 46 Lynn Peavey 46 Totals Temp Check Nurnber Temp Check Number 47 01-4335-310-50 01-4335-310-70 15-4335-310-60 44 01-4305-030-30 45 01-4305-020-20 46 Aug svc Aug svc Aug svc 9.96 9.96 9.96 29.88 exp reirnb 96.10 96.10 splys 48.85 48.85 47 Metro Waste Control 15-4449-060-60 Sept svc 38,845.08 47 Metro Waste Control 17-3575 Sept svc 2,796.08cr 94 36,049.00 Totals Temp Check Number 47 Temp Check Nurnber 48 48 .Minn Cellular Tele Co 01-4200-610-20 -Aug svc 48 Minn Cellular Tele Co 01-4200-610-20 Sept svc 48 Minn Cellular Tele Co 01-4200-610-30 Aug svc 48 Minn Cellular Tele Co 01-4210-110-10 Aug svc 192 Totals Temp. Check Nurnber 48 Temp Check Number 49 49 Minn Mutual Life Ins 49 Minn Mutual Life Ins 01-2072 01-2074 7.22 7.83 10.15 17.72 42.92 8/23 payroll 400.00 Sept prem - 197.37 30 Aug 1 Fri 10:0. Ternp Check Nurnber 49 Claims List Page 8 • City of Mendota Heigh__ Ternp. _ Check - _i - , Number Vendor Name Account Code Comments Amount 49 Minn Mutual Life Ins ' ' " • 01-4131-11Q1-10' Sept prern -1':70' 49 Minn Mutual Life Ins `" .r • .-01-4131080:-20-- 01-4131-080-20' ` - , 4`" Sept prern 3.40 - 49 Minn Mutual Life Ins''` '1":'-,-'0-1-4131-070-70 _ - • - Sept prern 3.40'%, 49 Minn Mutual Life Ins - " 08-4110-000-00 - Sept prern 1.70 294 607.57 Totals Ternp Check Nurnber 49 Ternp Check Nurnber 50 50 Minnesota Benefit Assn 01-2074 Sept prem 50 Minnesota Benefit Assn 01-4131-110-10 Sept prern 50 Minnesota Benefit Assn 05-4131-105-15 Sept prern 50 Minnesota Benefit Assn 01-4131-020-20 Sept prern 50 Minnesota Benefit Assn 01-4131-050-50 Sept prern 50 Minnesota Benefit Assn 01-4131-070-70 Sept prem 50 Minnesota Benefit Assn 15-4131-060-60 Sept prern 350 Totals Temp Check Nurnber 50 Ternp Check Number 51 186.84 251.88 377.78 691.29 235.32 374.98 112.40 2.230.49 • 51 Minnesota Conway 01-4305-030-30 splys 475.00 51 Minnesota Conway 01-4305-030-30 splys 195.00 51 Minnesota Conway 01-4305-030-30 splys 417.00 51 Minnesota Conway 01-4305-030-30 splys 64.37 204 1,151.37 Totals Temp Check Number 51 Ternp Check Number 52 52 Northern 01-4305-070-70 splys 77.97 52 77.97 .1 Totals Ternp Check Number 52 • Temp Check Number 53 53 Northern State Power 01-4211-300-50 Aug svc 388.76 53 388.76 Totals Ternp Check Number 53 Ternp Check Number ' 54 54 Oakcrest Kennels 54 Oakcrest Kennels 108 Totals Temp Check Number 01-4221-800-90 01-4225-800-90 54 Aug svc Aug svc 125.00 84.00 209.00 •R� AA i1 0 30 Aug 1 Fri 10:0', Ternp Check Nurnber 55 Claims List Page 9 City of Mendota Heigh__ - - Ternp. - Check - - - ..' ,_ . Number Vendor Narne Account Code Comments 55 Oxygen Service Co 01-4305_050-50 r splys 55 Oxygen Service Co e 01-4305-070-70 si' splys 55 Oxygen Service Co •-• +''1.5-4305_060-60 r- '- sphys 55 Oxygen Service Co -• r 01-4305-03030 _ act'•thru 8/15 220 ,, - 9 . - s _ .. Totals Ternp Check Nurnber - 55 Ternp Check Nurnber 56 56 R L Polk 01-4402-020-20 City directory 56 Totals Temp Check Nurnber 56 Ternp Check Nurnber 57 57 Quill Corp 01-4300-110-10 splys Tcrtls Temp Check Nurnber 57 Ternp Check Number 58 58 Brad Ragan Inc 01-4330-490-70 parts 58 Totals Temp Check Nurnber 58 Temp Check Number 59 59 Ruff Cut 01-4490-040-40 weed cutting 59 Totals Ternp Check Nurnber 59 Temp Check Number 60 60 Roth Distributing 01-2127 Video camera' 60 Roth Distributing 01-2127 parts video camera 120 Totals Ternp Check Number 60 Ternp Check Nurnber 61 61 S & T Office Products 61 Totals Temp Check Nurnber Temp Check Number 62 01-4300-020-20 61 splys Amount �• + .1>3.00 :. x4.•50 + . • 43;60 122. 00 122.00 86.63 86.63 18.00 18.00 1,720.00 1.720.00 762.00 480.00 1,242.00 3.56 3.56 30 Aug 1 Fri 10:0 Ternp Check Nurnber 62 Ternp. Check Number Vendor Name 62 L E Shaughnessy Jr 62 L E Shaughnessy Jr 62 L E Shaughnessy Jr 62 L E Shaughnessy Jr 62 L E Shaughnessy Jr 62 L E Shaughnessy Jr 62 L E Shaughnessy Jr Claims List City of Mendota Heigh__ Account Code 01-4220-132-10 05,-4220-132-41b. 15-4220-13260 03-4220-132-00 • 1-4220-1.32-@0 '• 14-4220-132-00 16-4220-132-00 Comments Aug svc Aug svc Aug svc Aug svc Aug svc Aug svc Aug svc Page 10 'U'• • •1 I. Amount • 1.656.80'• 168..80 269.80::.•,:. 151.75 •202:40 1,391.20 375.20 434 4,215.75 Totals Temp Check Nurnber 62 Ternp Check Nurnber 63 63 J L Shieley Co 01-4422-050-50 cl 5 mix 42.09 , 63 Totals Ternp Check Nurnber 63 Ternp Check Number 64 64 Spectrurn Cornp & Printer Rpr 01-4330-490-10 64 Spectrurn Comp & Printer Rpr 15-4330-490-60 128 Totals Temp Check Number 64 Ternp Check.Number 65 65 Sun Newspapers 36-4240-843-00 65 Sun Newspapers 01-4240-080-80 130 Totals Temp Check Number 65 Temp Check Number 66 66 T S I 01-4330-440-20 66 Totals Temp Check Number 66 Temp Check Number 67 67 Turf Supply Co 67 Turf Supply Co 67 Turf Supply Co 201 Totals Temp Check Number rprs rprs 42.09 85.90 85.85 171.75 bid ad 90-1 88.04 Re hrg not Olin 17.98 rprs 106.02 95.00 , 95.00 09-4460-000-00 lawn splys Parks 89-6 8,000.00 08-4335-000-00 • lawn sply City Hall 200.00 01-4330-215-70 lawn splys parks 3,098.97. ,67 Ternp Check Number 68 68 U S West Communications -_. 01-4210-030-30 -• --- Aug svc ~- — v 5. 298.97 f 1 . 87) 1 30 Aug 1 Fri 10:0 Ternp Check Nurnber Temp. Check Nurnber Vendor Name 68 68 68 U S West U S West U S West 68 Claims List Parte 11 ,7..; City of Mendota Heigh__ Account Code Communications r'" r 01-4210=050-50 Communications 01-4210_070-70 Communications 15-4210_06060 272 Totals Ternp Check Nurnber Ternp Check Number 69 68 69 United States Leasing Corp '01-4200-610-10 69 United States Leasing Corp 01-4200-610-20 69 United States Leasing Corp 01-4200-610-30 69 United States Leasing Corp 05-4200-610-15 69 United States Leasing Corp 15-4200-610-60 Teals Ternp Check Nurnber Temp Check Number 70 United Way St Paul 70 Totals Ternp Check Nurnber Temp Check Nurnber 71 Western Life Ins 71 Totals Ternp Check Nurnber Ternp Check Nurnber 72 Winthrop & Weinstine 72 Winthrop & Weinstine 72 Winthrop & Weinstine 72 Winthrop & Weinstine 72 Winthrop & Weinstine 72 Winthrop & Weinstine 72 Winthrop & Weinstine 72 Winthrop & Weinstine 72 Winthrop & Weinstine 72 Winthrop & Weinstine 720 Totals Temp Check Number 6252 Grand Total 70 71 72 69 01-2070 70 01-4132-031-30 71 01-4221-120-10 01-4222-120-20 01-4220-120-80 01-4220-120-80 16-4220-120-00 16-4220-120-00 01-4221-120-10 01-4222-120-20 01-4220-120-80 01-4220-120-80 72 -4 Comments Aug.svc Aug svc Aug.svc mailing eq mailing eq mailing eq mailing eq mailing eq Sept w/h Sept prem July July July July July July June June June June retainer prosecutions Re zo ord Re Centex Re Glowa Re Mulvihll purch retainer prosecutions Re zo ord Re Pentel variance. . 7 - ..< Amount --35.20 35.20 4=35.16 215.62 10.00 10.00 10.00 10.00 10.00 50.00 196.00 196.00 141.90 141.90 511.20 1,380.88/ / 150.00 , 175.00 2, 308.80 980.00 557.55 1,349.67 100.00 490.60 8,003.70 - 144, 072.29 • • .71/1. MANUAL CHECKS: • g . • t r • ...r - 13262, . 15.00 r: : 4: •13263, ,,16,583.15 13264 -78.50 13265 108,50 13266— 174.90 13267 _ 14,651.00 13268 ,3,796.10 13269'. -25;337.15 13270 13271 13272 13273 13274 300.00 8,004.04 13,561.03 3,106.80 41,550.31 127,266.48 G.T. 271,338.77 St. Paul P. D. GMH Asphalt DiS6.Com Alpha Software Tom innth Mandgt Heights Rubbish State Capitol C. U. WintArbp-Weinstine' Dakota County Bank PERA Dakota County Bank Commissioner of REvenue Payroll a/c Regr Wicks Final 89-6F '- F. D. adm supplies mi reimb (8/20) recycling thru July 8/23 payroll daAuctions Mulvihill purchase\ 8/23 payroll dedcutions 8/9 payroll 8/23 w/h 8/23 sit 8/23 net payroll - - • Int J CITY OF MENDOTA HEIGHTS MEMO August 28, 1991 TO: Mayor, City Council and City Administrator FROM: Kevin Batchelder, Administrative Assista SUBJECT: CASE NO. 91-30: Olin - Subdivision DISCUSSION: Dr. Olin, of 1140 Orchard Place, appeared before a public hearing at the Planning Commission's August meeting to present his proposal to create a single family lot along Orchard on the front portion of his 13.2 acre parcel. See attached plans and memos. Dr. Olin's plan shows three lots and street R.O.W. to be platted, however, Dr. Olin only desires to plat Lots 1 & 2 at this time and incorporate the proposed Lot 3 into Lot 2. The Planning Commission discussed whether street R.O.W. should be dedicated at this time. They felt that in order to retain the greatest flexibility for completing the area concept plan, that the R.O.W. should not be platted at this time. The Planning Commission would like to see the proposed home for Lot 1 face proposed rArly Lane and therefore insisted on having private driveway easements executed. Commissioner Krebsbach was concerned that the public hearing notice stated this was a two lot subdivision and the neighbors may not have understood this was Phase I of a larger subdivision. She voted against closing the public hearing and abstained on the recommendation vote. RECOMMENDATION: The Planning Commission voted 5-0 (with one abstention) to recommend that City Council approve the preliminarlifplat for Lot 1 conditional on private easements for drives b'elifig xcuted. ACTION REOUIRED: Conduct the public hearing. If the City Council desires to implement the Planning Commission recommendation, they should pass a motion approving the Preliminary Plat for Lot 1 with the provision that private driveway easements be executed on future Carly Lane. NOTE: KLB:mlk Although subdivisions don't require a public hearing at the City Council level, one has been published for in error and notice was mailed for a public hearing at the City Council on September 3rd. A TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS MEMO August 14, 1991 Planning Commission Kevin Batchelder, Administrative Assis CASE NO. 91-30: Preliminary Plat/Subdivision DISCUSSION: Dr. Olin, of 1140 Orchard Place, has approached the City on numerous occasions in the past few years about the potential of subdividing his entire lot and based on these discussions has developed an area concept plan. (Please see sheet 2 of enclosed plans.) Dr. Olin has been unable to coordinate the entire development at this time with his neighbors, and has approached the City for Preliminary Plat approval to create Lots 1 and 2. Although a Lot 3 appears on the Preliminary Plat, Dr. Olin has indicated he does not wish to plat this lot at this time. _See attached Planner's Report and plans. The proposed lots meet the minimum requirements of the Zoning Ordinance and conform to the Area Concept Plan that would allow orderly development in the future. Dr. Olin has met with the Park Commission about the required park dedication which would occur at the time the entire site is proposed to be platted. At that time, the Parks Commission gave a preliminary indication that they would prefer a land dedication (versus a cash dedication). The land under consideration for park dedication is shown on the area concept plan as the large southerly lot accessed from Mallard Road and Veronica Lane. ACTION REOUIRED: Conduct the public hearing. Make a City Council on the proposed subdivision KLB:mlk / / -1-1 recommendation. to the request. PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 27 August 1991 91-30 James R. Olin 1140 Orchard Place Subdivision 1. The Olin's have been planning on subdividing their property for some time and have met with the staff and planning consultant on several occasions to discuss various options for doing so. The Area Concept Plan submitted by the Applicant reflects many of the ideas that have been discussed in the past. This plan requires the involvement and coordinated effort of several property owners. Apparently the Olin's are anxious to create a lot for their son and wish to proceed with the platting of two lots at this time. They are requesting preliminary plat approval to plat one small lot (Lot 1) for their son, and the remainder of the property is to be platted as one large lot (Lot 2), which they will continue to live on. The third lot illustrated on the preliminary plat is not to be platted at this time and should be removed from the drawing prior to recording the final plat. 2. The proposed lots meet or exceed requirements in the Zoning and The location and size of Lot 1 layout shown on the Area Concept area as shown on this plan would eventual subdivision of the rest all of the minimum lot Subdivision Ordinances. is consistent with the Plan. Subdividing the not interfere with the of the property. .1-1 3. The Area Concept Plan represents a logical scenario for the future subdivision of the remaining large lots in this area, though it is by no means the only scenario that would function. One element has remained constant in virtually all of the scenarios that have been discussed with the Applicant and that is the location of the intersection of the future roadway with Orchard Place. The reason that this location makes sense is that the Olin's property is the last large parcel along Orchard Place that could not be efficiently subdivided without platting a roadway. There are two more lots between the James Olin, Case No. 90-31 Page 2 Olin property and Hunter Lane to the west, but they could both be divided with access off of the existing adjacent roadways. The location of the future roadway is only important to the requested lot division in that it determines the front yard of the proposed Lot 1 and the location of the access drive. Even if the location of the future road were moved and the area were not divided as shown on the Area Concept Plan, the proposed lot could be accessed off of Orchard Place. Therfore, we see no problem with the proposed subdivision of the Olin property into two lots as shown on the Preliminary Plat drawing. rodzireau.:10.3 0 '0000 oQ�� 'Ar � , �: o oovkpm "sin ipitAlgt pP N11111011101P-41 4;r4 • ��ss :s► • (.4bC• (.1 6 "v&,./5.,/--) :,• z607 2'2 '.444 20 - 411-17-4 1--ri I LL_I PS • H ILL p A2DDITIGIN1 --N1313'52.21E • 418 86- • 210 1.92.86 •)1 "T HUNTER ye; 5'. BLUFF N ••• 2c. 02-09 Z 4O 2"‘O3 -U1, 02(.-0.=1 SUBJECT PROPERTY NORTH SCALE 1u=2001 4-08 1 3 vx'r • 0‘' 480.3 N89° 03' 46"E 4E2.46 POINT 2 °17'15"E 634.48 - - - 44 S69'04 i/N :ORO PLA▪ , 1A5 .01 Z 121.20 50 i57t5 cr, 00 •••• 0 4 a 0) , . . o Z 4.07 "3 -a -4 40-08 1-71.2.; b N89°IS'3'E :3; 111 3 4/ • " 4 0' -r N 69° 17-31"E co CO sin` -1 ON 152.5 136.51 Lt. ((.7A l's1 LANE et 1 4 \-\ id I t3-4 1 i34 \G T 0 326.5n 0 -4MALLA346.59-ROADT; I s.,91,.56Vs'w I”" 8 I Z2 i. 0 T.,'1 U T I._ 0 T L-153.51 ' 0 1 3 " , 2 2 7..U) Q- ui:19'18'3r( 153.50 1:f: 2.2. tn A 0 o 41- ty 2 08.50 I IGENZ2 4-:,• t1\ / 10 N /28.61 f 4 iVERONICA LA. /20 / 0 0 11.11 . c , I ADD' N3 fa -II' /1.0 z 00 •• 108.5 2 ITIO 2 w -2- 4 fil ,r) 0 V.,-, 0,4,.., 4. (.41 M! ;71.--C. rr ! ,, i, (A.. t .1 • 7_ C.014 li 3 1 / 4'4' •Clc 1 z bo 74 <4.: ' i 0 .Le .,47..... 1 -Rcd"-'0-:' ORCHARD BOADn v. ::....,..i.,:;.--, tr. I - 4.-.::: , r 3 Ac 244,8o-15 2 2.4 010 - 07 4-7/770/- 4. J./77/-1 etk /4 9-1 J4 Z.5 4 0- 02 A/esi-cl/d L. 3 A c 229. 3. C 50 - 02 . / •44-. 260E10 -D 222.33 n'ex ,4. 5,-er 060 - 02 2.4000 -E. 0!0- 03 14 1; 24,t, 79 -A Z.34. 913 • 5 • fie fil 020-03 ki vitt 0.1 n z • 44.11 11 '4z IJ z ta CIF' ME t--41:).::> C10 - 04 9 2 9 A c Z.60 7 '3 -c 4,54.98 02 " IR .A 1,4 -) A F •+< Dr. & Mrs. JAMES R. OLIN 1140 ORCHARD PL. -- MENDOTA HEIGHTS, MN.55118 August 5, 1991 Reference to new lot on our property. We desire to create a single family size lot on a part of our property to enable our son to build a home for his family. This lot would be adjacent to Orchard Place and on the NE corner of our 14 acre parcel. Documents requested by the planing authority are attached. The check in the amount of $ 3s. is enclosed. Money for the park assesment will be forwarded when needed in the correct amount. Thank you for 41012123 considering this request. This will be the only change we will be making on the property in so far as we know at this time. We have only one child. He is married and has one child. Thank you for this and for all past favors done by tVhe Mendota Hgts. council on our behalf. -,-/;` Sincerely yours, Marilyn n R. Oli it I flj City oImmo Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. 91- 3C) Date of Ap lication Fee Paid Wail . 'A`" 49.10 Applicant Name: -(sit - PH:- (Last) (First) (Mn Address: Owner Name: Address: t(4 -o- ne.eigieffeo pL 7E — (Number & Street) (City) (State) (Tsp) c— (Last) nil4Aiet (First) .4/ (Ml) „ssid (Number & Street) (City) (State) (np) - Street Location of Property in Question: ((C(0 po_exi4cO Legal Description of Property: ei, 74L» At./ Type of Request: Rezoning . Conditional Use Permit Conditional Use Permit forP.U.D. - Plan Approval Comprehensive Plan Amendment Applicable City Ordinance Number . `f- e, / Variance .._.,,subdivision Approval Wetlands Permit Other (attach explanation) Section Present Zoning of Property kit Present Use -/• ' . Proposed Zoning of Property Proposed Use 1 I hereby declare that all statements made in this request and on the additional material are true. .r■�� (Date) `7)r3t c.r-a (Received by - Tnie) 1101 Victoria Curve -Mendota Heights, MN • 55118 452.1850 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING August 7, 1991 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 8:00 o'clock P.M., or as soon as possible thereafter, on Tuesday, August 27, 1991, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Dr. James Olin, for a Preliminary Plat to allow a two lot subdivision at the following described property: The west 342.50 feet of east 1027.48 feet of the north 1765.50 feet of the south 2425.25 feet of the Northeast Quarter of Section 27, Township 28, Range 23, Dakota County, Minnesota. More particularly, this property is located at 1140 Orchard -11ace. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed Preliminary Plat will be heard at this meeting. Kathleen M. Swanson City Clerk City of PJJA Mendota Heights August 21, 1991 Dr. James Olin 1140 Orchard Place Mendota Heights, MN 55118 Dear Mr. Olin: Your application for a Preliminary Plat/Subdivision will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, August 27, 1991. 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 lhave any questions, please feel free to contact me. Sincerely, re.usaLL Kevin Batchelder Administrative Assistant ELB:mlk Enclosures: Planning Commission Agenda Planner's Report City Staff Report r 1101 Victoria Curve -Mendota Heights, MN • 55118 452.1850 AA AAAA City of Mendota Heights August 29, 1991 Dr. James Olin 1140 Orchard Place Mendota Heights, MN 55118 Dear Mr. Olin: Your application for a Preliminary Plat/subdivision will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, September 3, 1991. 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 ttending the meeting in order that your application 'will receive Council consideration. The Planning Commission recommended unanimously that City Council grant approval of a preliminary plat •for Lot 1 with the condition that a private driveway easement -be executed. If you have any questions, please feel free to contact me. Sincerely, evux24_,_ Kevin Batchelder Administrative Assistant KLB:mlk Enclosures: City Council Agenda Staff Memo to City Council •' ,r/"/ •I`J • , � • • 1101 Victoria Curve -Mendota Heights, MN - 55118 452-1850 1 r CITY OF MENDOTA HEIGHTS MEMO August 28, 1991 TO: Mayor, City Council and City Administrator FROM: Kevin Batchelder, Administrative Assista SUBJECT: CASE NO. 91-31: Desmond - Variance DISCUSSION: Mark and Rita Desmond appeared before the Planning Commission at their August meeting, to discuss their request for a 3.38 foot side yard setback variance and a 1.4 foot front yard setback variance. The house is an existing, legal non -conforming structure that requires the variances in order to expand the use by building the proposed addition for living and garage space. Please see attached plans and memos. The Planning Commission desired to see shrubbery placed on the west side of the house to break up the long wall between the two structures. RECOMMENDATION: The Planning Commission voted 4-1 (Nay: Krebsbach) to recommend that City Council approve a 3.38 foot side yard setback variance and a 1.4 foot front yard setback variance to allow construction, as proposed on the survey dated August 2, 1991, with the condition that shrubbery be planted along the west wall. ACTION REQUIRED: Meet with the applicants. If the Council des..ites to implement the Planning Commission's recommendati-ohey should pass a motion approving a 3.38 foot side yard setback variance and a 1.4 foot side yard setback variance, to allow the proposed addition, according to survey dated August 2, 1991, with a condition that shrubbery be planted on the west side of the house. KLB:mlk V 1 CITY OF MENDOTA HEIGHTS MEMO August 14, 1991 TO: Planning Commission FROM: Kevin L. Batchelder, Administrative A SUBJECT: CASE NO. 91-31: Desmond Variance DISCUSSION: Mark and Rita Desmond, of 656 Second Avenue, desire to construct an addition to their home to provide additional living and garage space. Their home is a legal, non -conforming structure that requires the granting of a 3.38 foot side yard setback variance and 1.4 foot front yard setback variance in order to expand on to a non -conforming use. See attached plans and memos. With the exception of the west side yard setback, the proposed addition will be constructed within the required setbacks. The Desmond's have submitted signatures of consent from their neighbors. ACTION REOUIRED: Meet with the applicants and make a recommendation to the City Council on a 3.38 foot side yard setback variance and a 1.4 foot front yard setback variance. KLB:mlk I PLANNING REPORT DATE:, 27 August 1991 CASE NUMBER: 91-31 APPLICANT: Mark L. Desmond LOCATION: 656 2nd Avenue ACTION REQUESTED: Side Yard Setback Variance PLANNING CONSIDERATIONS: 1. The Desmond's intend to construct an addition to their existing home at 656 2nd Avenue. The proposed addition meets all of the setback and height criteria in the Zoning Ordinance with the exception of the side yard setback along the west side of the property. The existing house is legally nonconforming in that the principal structure was constructed prior to the establishment of the Zoning Ordinance and it does not meet the setback requirements on the west and and north sides. The house is within 6.8 feet of the side lot line along the west side of the property and within .27.6 feet of the front lot line. The required setbacks in the R-1 district are 10 feet and 30 feet respectively. 2. The proposed addition will cover two sides of the existing structure and will nearly double the overall square footage of the house. However, it is the expansion of the west wall of the house which is the primary concern since the rest of the addition is well within. the required setbacks. The Desmond's propose to extend the west wall of their home 15 feet further south (toward the rear lot line). Since the existing structure is •orieented on' the lot at a slight angle, the new addition./iould come to within 6.62 feet from the west lot line ,at i1g closest point. Section 4.3(9) 'allows --alterations to legal non -conforming structures as long -as they do not extend or intensify the non -conforming condition. The proposed addition would constitute an extension of a non -conforming condition since it would increase the area of the house along the side that is non -conforming. Therefore, a variance is necessary to allow the construction of the addition. r - 3. The proposed addition should improve the overall appearance of the house and enhance the appearance of the neighborhood. After the addition is complete, the entire I- -' Ivo•= va�`o '� �4o v 00 /vAo!�� „ � Qom:.. o .,d �•. �.v� Q � ��.y •� �t % . 3 Yai�+ �A q.� r _. iio.`•o� �'- �4S`37v�va�z�.,:,:1 � e Wim• EY � i• �` ��,r �S, Ey �� Pid0p0e1 a Je •/1•tfl• I .���Oa� . �l v IMS ins 1�■��I��91���s�e..�i�a��me�!,�7��;��aa• a �a � . A q!1 1 ��17 B one il�t�l9�eEeyar®ai�laQaa�-�aun���ei 9�1 6a!►.���aii9��������®i�����isr�i WN 7 5 9 1‘4 4. 4. / 0 4. Z1 13 / 15 IC. •155 19 .K 9904 i:s 1 .s s i ,. REARANGENIEN'T • OF $ , 1 ECOC- K 6 T.T.SMITH:..1 .: . cc . 5* • - , -C' • -. I .• : " . ' . -, ; St )BDIV 'SION NO. 3 m. ' \ --i 31 •• = SUBJECT EArcRANGE:itEi\I • io▪ 05 .4. • Pt NORTH 7 /0 5 ' /3 j.- /5 v. 8 7 c.. 5" 4. 3 z f I T /0 5 ' /3 j.- /5 v. /a /1 /1 /3 ‘,) /G I T 49 /0 5 ' /3 j.- /5 /6 NA 5 2 49 /0 a / 2 /3 j.- /5 /6 --. , /0 1/ SC) 4; 1ST AVENUE 3 4. 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A -..:.._ ... . o 1 4 -. oo 7 :t -: 444) to 32F/ .3 • 14./.". /c 3 1, 4— N M M six z e9 August 12, 1991 Mendota Heights City Council and Planning Commission 1101 Victoria Curve Mendota Heights,1NN 55118 Re: 656 2nd Avenue: A legal nonconforming setback variance for proposed addition. Dear City Council and Planning Commission: We would like to build an addition on to our house. We have provided a copy of a survey and elevation sketch of our property as well as a copy of a section of the plans showing the roof line on the proposed addition. Upon reviewing the survey, you will see that the west wall of the original structure is 6.8 feet from .the west property line and the north wall wall of the structure (front) is 28.6 feet from the property line. The existing structure was grandfathered in when the ordinance was passed requiring a minimum of 10 feet from the sides of the structure to the property lines and 30 feet to the front property line. Therefore, our house is a legal, nonconforming structure. The proposed addition will extend the original structure both to the east and the to south. The east wall will be extended 16.00 feet east; leaving at least 21.27 feet to the east property line. The west wall will extend 15.0 south along the west boundary line; leaving 6.62.feet to the west property line. In regard to the outside of the house, the west wall is covered with a white vinyl siding and the norti wall (front) is 1/2 brick (lower half) and 1/2 white vinyl si&fig. This siding has been in place for approximately 1 1/2 years. We will place the same siding on the entire proposed extension to the west wall, the south wall and the east wall. The front of the extended garage will be all brick, except for the 16 foot garage door which will be white. Upon looking at the plans, you will see that we will be altering the roof line. We will be reroofing the roof on the original structure when we roof the proposed addition. There is a house on each side of our property. The.house on the west side of our property is 17.2 feet from the original structure. The neighbor's house has been sketched in on the attached survey. There is one tree in our backyard that we planted last year that.,we will be relocating to another location in our yard. Otherwise, no other trees or plants will be in jeopardy when we build our proposed addition. We believe that by building the proposed addition, we are not only improving the value.of our house, but are also benefiting the neighborhood in general. The proposed addition has been staked and roped. Please feel free to stop by and view the property prior to the public hearings. Thank you for considering our request for a variance. I have read the above letter and approve of the proposed addition. NAME DATE //9/ Vr /9/ Cgs* LOCATION TO PROPERTY •'" City of .,�. Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. Q/- 3 / Date of Application $- /5-9 / Fee Paid dee.4 . a(v Sao 35-.<6 Mark L'' PH: y"5^© -93q C-10 (First) (Mt) -7s2o Com) M.P.Vdo . lel c IM 3-m e Applicant Name: bemo n (Last) ave. Address: 650 2nd PW e. umber & Street) (City) (State) (Zip) Owner Name: mulct Mafk. L Ad (Last) (First) (MD esss: ( 2htf :: ►Q kndD WO- Its. S3"f1 (Number & Street) (City) (State) (Zip) Street Location of Property in Question: (10S(0UQ, l � EY9 d �n f'LS n 5511`? Legal Description of Property: t-- t g lock I o T T. S SL d,vm(or) No 3 io e`er w, +e.4_ CO`12 it v4cdded of Request: Rezoning x Variance Conditional Use Permit - Subdivision Approval Conditional Use Permit for P.U.D. Wetlands Permit Plan Approval Other (attach explanation) Comprehensive Plan Amendment Applicable City Ordinance Number 401 Section Present Zoning of Property t Present Use f . . ProposedZoning of Property :� Proposed Use I hereby declare that all statements made in this request and .n the additional material are true. Signature of Applicant) 0 -12. - (Date) lived b Title) 0,,00)-c„0 1101 Victoria Curve • 1Viendota Heights; MN • 55118 ' 452.1850 City of Mendota Heights August 21, 1991 Mr. Mark Desmond 656 Second Avenue Mendota Heights, MN 55118 Dear Mr. Desmond: Your application for a Variance will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday. August 27, 1991. The Planning' Commission meeting starts at 7:30 o'clock P.M., here at the City _ - Hall in the Council Chambers. You, or a representative should plan on attending the meeting, in order that your application will' receive Commission consideration. If you have any questions, please feel free to contact me. Sincerely, 64.71L Kevin Batchelder Administrative Assistant ELB:mlk Enclosures: Planning Commission Agenda Planner's Report City Staff Report 1101 Victoria Curve -Mendota Heights, MN- 55118 452-1850 - City ofeights Mendota H imirTAAAAAAA August 29, 1991 Mark and Rita Desmond 656 Second Avenue Mendota Heights, MN 55118 Dear Mr. & Mrs. Desmond: Your application for a Variance will .be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, September 3, 1991. The Council meeting starts at 7:30 or a that o'clock P.M. here at City Hall in the Council Chambers. You, representative should plan on attending the meeting in order your application will receive Council consideration . The Planning Commission recommended 4-1 (nays: Krebsbach) that City Council grant approval of a 3.38 foot side yard setback variance and a 1.4 foot front yard setback variance. If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant KLB:mlk Enclosures: City Council Agenda Staff Memo to City Council • 1101 Victoria Curve -Mendota Heights, MN • 55118 452-1850 -aiv‘d IPS J-trpun 12> Citcriot,‘ 101O -330v0, ...01=0•11511.. CITY OF MENDOTA HEIGHTS MEMO August 28, 1991 TO: Mayor, City Council and City Administrator FROM: Kevin Batchelder, Administrative Assistan SUBJECT: CASE NO. 91-32: Rutzick - Variance DISCUSSION: Mr. Mark Rutzick appeared before the August Planning Commission and discussed his request for a ten foot (10') side yard abutting a street variance for a new single family home to be located at the corner of Deer Trail Court and Wachtler Avenue. See attached plans and memos. Because the Rutzicks had informed staff that they intended to construct a pool sometime in the future, staff instructed them to show the fence and pool on the plans for information and discussion at this time. Although a pool and fence located as shown will require planning approvals, they are not being formally considered at this time as they require hearing notice which has not been fulfilled at this date. The Rutzicks are only asking for the setback variance for the proposed house this evening. Future neighbors of the Rutzick's and members of the Planning Commission expressed concerns about the pool location and the fence type and location. RECOMMENDATION: The Planning Commission voted 3-2 (nays: Friel, Duggan) to recommend that City Council approve the requested ten foot (10') side yard abutting a street variance, as proposed. Commissioner Friel stated he does not approi/e of variances on vacant lots, he feels they are essentially a.design issue. Chair Dwyer arrived late during the discussion and abstained from voting. ACTION REQUIRED: Meet with the applicant. If the City Council desires to implement the recommendation of the Planning Commission, they should pass a motion approving a ten foot (10') side yard abutting a street variance, to allow placement of a single family home as proposed. KLB:mlk CITY OF MENDOTA HEIGHTS MEMO August 21, 1991 TO: Planning Commission FROM: Kevin Batchelder, Administrative Assista SUBJECT: CASE NO. 91-32: Rutzick Variance DISCUSSION: Mr. Mark Rutzick desires to construct a single family home on a corner lot located at Deer Trail Court and Wachtler Road. The proposal would require a side yard abutting a street variance of ten feet (10') to allow the house to be within twenty feet (20') of the property line along Deer Trail Court. See attached plans and memos. Mr. Rutzick also intends to have a pool and fence in his rear yard and staff has asked him to show these structures on his plan. At this time, the Planning Commission is only considering the setback variance for the house. Mr. Rutzick, at this point, has not provided the requested signatures of consent of his immediate neighbors. The City has received a letter from the Deer Trail Hills Homeowners Association's Architectural Review Committee, that is attached. ACTION REQUIRED: Meet with the applicant, consider the request for a ten foot (10') side yard abutting a street variance and make a recommendation to City Council. KLB:mlk 0G4641 PRI 14:57 P.02 August 15, 1991 Mr. Mark Rutzik 155 South Wabasha #129 St. Paul, MN 55107 Dear Mark: I'm writing on behalf of the Deer Trait Hills Homeowners Association Architectural Review Committee to clarify some of the questions that you have raised. As we understand the situation, you are planning on starting your house construction in October of this year, and that the plans include a pool in the back of the house. Further, because of the fact that having a pool requires a fence, the Declaration of Restrictive Covenants is automatically triggered in that "No building, fence or wall shall be erected or altered on any lot until the _plans and specifications for the structure elevations and finished grade levels have been approved by the Committee as to quality and type of workmanship and materials, external design and, harmony with any existing structure and location with respect to topography and finished grade elevation." So, in order to keep in line with the Covenants, we must have from you a finished plan (from either an architect or contractor), showing finished grade(s), elevations, heights and the construction of the fence (type, materials to be used, etc.), landscaping, etc.. On wednesday, in a meeting of more than half of the homeowners of the association, we discussed the possibility of (1) granting you a variance so as to have your garage 20 feet from your property line rather than the required 30 feet, and (2) granting you a variance so as to have your fence 10 feet from the property line, so that the entire back yard can be fenced for privacy and also to allow more room around the pool area. Our consent to the specific variance for the garage only was found by all parties not to be a problem and you have our consent. However, everyone attending voiced a general dissatisfaction with not only the 'idea of a fence in an otherwise wide open area, but also with the type of fence proposed (privacy) and also the variance from the required 30 foot setback. We understand your purpose for the request in that it would make the positioning of your pool to be where you want it to be, however, in discussions with Jim Danielson, from the City of Mendota Heights, he told us that there would be no variance from the 30 foot setback on the Deer Trail Court side of the property because that side of the lot borders another street and that setback is required to be at least 30 feet. The result of the discussions between the homeowners present at the meeting was that before we agree to any fence, a detailed plan of the fence, height, grades, elevations, and proposed landscaping around the fence, be submitted in writing to the committee per the covenants. The type of fence that was suggested at the meeting was a decorative wrought iron or aluminum fence. A portion of the fence, that part bordering on Eugene Kopp's side, could be of wood construction, again, depending on design, height, and so forth. RUG -1.6-91 F,RI 14:58 P.03 August 15, 1991 Mark Rutzik page2of2 I obtained a pamphlet of fences which shows a number of decorative metal style choices as suggestions. 1 used this when I was considering a pool, as it would allow the desired level of security along with a see-through capability to avoid the look of a 'wall" and make it pleasant for my neighbors to view. I hope that this will clarify things for you a little more; however, .should you have any questions, please give me a call. We will review the plans within the guidelines and time frames set forth in the Declaration of Restrictive Covenants / Deer Trail Hills. Sincerely, Tony Ferrara President John Hartman Vice President Randy Pentel Secretary/Treasurer PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 27 August 1991 91-32 Mark J. Rutzick Lot 9, Block 1 Deer Trail Hills Front Yard Setback Variance 1. The applicant proposes to construct a single-family home on the subject property at.this time. He also intends to install a swimming pool on the property at a later date. The site plans submitted by the applicant indicate the location of the house and swimming pool. As indicated on this plan, the attached garage portion of the house is proposed to be located within 20 feet of the front lot line adjacent to Deer Trail Court. Therefore, the applicant is requesting a 10 -foot variance. The construction of the swimming pool and associated fencing, in the locations shown on the site plan, would require an additional variance and a conditional use permit. While these items are not part of this application, the pool and fence are an integral part of the site plan and the issues related to them will be discussed later in this report. 2. The Mendota Heights Zoning Ordinance requires that there be a "practical difficulty" before a variance will be granted from the strict application of the area requirements (lot size, setbacks, height, etc.). However, "practical difficulty" is a vague term and has been defined in various ways. Mendota Heights has typically based its decisions regarding minor variances to area requirements on the concept that "practical difficulty" is relative. Under this rationale the benefits to the requesting party must be balanced against the cost to the surrounding area and the community as a whole. When reviewing variance requests the City should consider the following: the type and magnitude of the variance, the character of the,'immediate vicinity, the potential impact of the variance on the adjacent property owners and the general public, whether the applicant can reasonably utilize the property for its intended use without the variance, the intent of the ordinance regulation for which the variance is being requested, and whether the condition Mark Rutzick, Case No. 91-32 Page 2 for which the variance is being requested is unique to the property and is not generally found on other properties within the R-1 district. 3. The subject property is approximately 15,700 square feet in area and meets the minimum lot size requirements. However, it is nearly pie -shaped and is located at the corner of Wachtler Road and Deer Trail Court and, as such, is subject to front yard setbacks on two sides. These two factors make the lot difficult to develop. In additon, the property has some topographic change that further complicates the situation. As mentioned above, the applicant has stated that part of the reason for locating the house as shown on the site plan is due to his desire to create a rear yard large enough to accommodate a swimming pool. Generally, the desire to locate a swimming pool is not considered a valid basis for a variance since a swimming pool is a luxury item. However, regardless of how the space is used, it is reasonable to want to arrange the site to create a useable rear yard for family activities. Based on the dimensions of the proposed house, the layout illustrated on the site plan is the only arrangement that creates a rear yard of reasonable size and shape to allow for family recreation opportunities. 4. This raises the question of whether the dimensions of the house are too large for the lot. The house proposed for the property is consistant with the other single-family homes in the immediate vicinity in terms of scale and character. The plans include a three car garage. It is the garage portion of the house that will extend into the front yard adjacent to Deer Trail Court. There are several other homes in the neighborhood that have three car garages. Close examination of the plans indicate that the dimensions for the garage are conservative and there appears to be no excess area that could be eliminated to reduce the distance that the structure encroaches into the front yard. The only option that might be pursued in this regard would be to have the garage be more of a tuck -under. Since the slab elevation of the garage is close to that of the basement floor, the garage could be shifted back into the basement area. Of course, this would reduce the useable area of the basement and would also result in other functional and architectural changes to the structure. 5. The subject property is at the eastern edge of the Deer Trail Hills subdivision. The general character of the immediate vicinity is relatively open as a result of the fact that the lot to the north has been purchased and graded for use as a duck pond by the adjacent property owner to the east (Mr. Pentel). In addition, the home on Mark Rutzick, Case No. 91-32 Page 3 the lot to the south, Lot 10, is located on the west side of the lot, which leaves a significant open area directly south of the Mr. Rutzick's lot. Also, the land to the east is part of a long narrow wooded lot that has a single-family home located on the north side. Due to the location of the home and the existing vegetation on this lot, the Rutzick home and pool would be mostly, if not entirely, screened from this home during the summer. The lots to the west and northwest of the subject property have been developed with upscale single-family homes. The homes on these lots are situated on higher ground than Mr. Rutzick's lot and, as a result, the proposed improvements on the Rutzick property will be very visible from these homes. 6. The intent of the setback regulations is to prevent the appearance of overcrowding and to promote a sense of unity in the community. The requested 10 -foot front yard setback variance by itself should have little impact on the surrounding area since the adjacent lot to the north is not to be developed. The entry into Deer Trail Court would continue to appear relatively open. The overall design of the home including the angles created by rotating the garage slightly create an interesting home that should make an attractive addition to the neighborhood. 7. As mentioned in the first paragraph of this swiming pool and fence are not part of this However, since the pool is identified as reasons for orienting the house as proposed, few issues that deserve attention related to and the required fencing that will surround it. The pool itself is proposed to be a 20 -foot by 40 -foot rectangle oriented north/south on the property. According to the site plan it would be located approximatley 16 feet from the right-of-way line along Deer Trail Court. This is 4 feet closer to the front lot line than the proposed house and 14 feet closer than is permitted under Ordinance Number 503, which regulates the construction and placement of swimming pools. Section 5.2(1) of this ordinance prohibits locating swimming pools within any required front yard. Therefore, the pool location indicated on the site would require a 14 -foot variance. 8. The applicant also shows the fence, which is required to surround the pool, as being located within 5 feet of the front lot line along Deer Trail Court. We believe this fence would definitely have an adverse impact on the character of the surrounding area, particullarly if it were a board privacy fence. Such a fence would report, the application. one of the there are a its location Mark Rutzick, Case No. 91-32 Page 4 significantly reduce the open feeling of the neighborhood and would be visible from both Deer Trail Court and from Wachtler Road. The fence would also exagerate the impact of the garage variance along Deer Trail Court. 9. One suggestion would be to orient the pool east -west instead of north -south and to move it further back on the lot. This would allow the fence to be moved back also. A minimum of at least 10 feet between the fence and the property line should be maintained and 20 feet (same as proposed garage setback) would be preferred. Even if it were moved back on the property, the applicant should be encouraged to install a more open type of fence, such as wrought iron or vinyl clad chain link. Landscaping would also help minimize the impact of the fence. / • • Y l r • • ;;J i < ) 16'; NORTH 1 MICE • • SOrERSELEN SCHOOL : ET PUBUCI d II R. K 1. LANE V / SOMERSET 1 COUNTRY PARR CIR l -•ARAN WELL - CLUB a GOLF COURSE (Private) • AVENUE • 71 • r .yl '2..6010 =tS -' 375 .v 4.1t N 89'20.51"E 329.71 37. UI-(IV1 BLUFF CIRCLE - cop o, >t 19 I8 1.1 C P t, 4 2 5 59"40 3 r1 252 73 At -Bt <T E - i -F A N S c2 03'-C7 f- ! SUB P,10 NO HJT 3 Z6147-8 I .STi4 T E 1fr7//1/N• 136 z e o so iqc 5 89`h0'37u 169°46'26'1 90 LAw�s SHA(..•r 3 V ,GckF . SUBJECT PROPERTY O 2 NORTH SCALE 1"=200' r 5 10 L?EFR T'PG� POir;T 6 9 W 5'9 77 LLTT 9 Er1IL- J. JR. -EMIL -`C n irrman Rutzick & Assoc. So. Wabasha e 129 'aul, MN 55107 August 13, 1991 Mendota Heights Planning Commission 1101 Victoria Curve Mendota Hts., MN. 55118 Dear Commission Members: This letter is a request for your approval of a side yard abutting a street setback variance for a lot in which I intend to build my home on located in Deer Trail Hills, Lot 9, Block 1 and also; an additional variance that would allow me to build a fence along my lot line facing north. Please consider this request for the following reasons: 612-292-8777 Fax - 292-0541 1. The lot is pie shaped and after trying many layouts, -the house will only fit one way, allowing us to have a back yard that would be suitable for a pool. I need the setback changed from 30 feet to 20 feet on the north -side of my lot. 2. It would also be impossible to build the type and size house to suit my family needs. As you can see from my plans, the house has a walkout basement and according to the lot elevations, it has to face Wachtler Road. 3. I need the second variance for a wooden fence I would need to build around my back yard. I would like to build it as close to my north lot line as possible,as shown on the plat map enclosed. It therefore would not cut into my backyard and would allow a play area for my. children. If I am not allowed these two variances, I wouldrhave.no other choice but to sell my lot. My wife has her heart set on that land and home site and I have spent a considerable amount of money on architects and appraisals. I am asking you to consider my requests at this time, considering the fact that you originally approved the zoning for this lot. Since that time the City put in a cul-de-sac that is not reflected in my plot plans making the lot even more difficult to build a home on to meet and conform to the -requirements of the Deer Trail Hill Homeowner's Association. I want to thank you at this time for your consideration on this matter. Very Trul Mark Rutzic 07141 ' We the undersigned are in favor of granting Mark & Melanie Rutzik a variance for the ouroose of building their house on Deer Trail Court. This variance would change the 30 -foot setback to a 20 -foot setback on Deer Trail Court. This variance does not include a variance for a fence or a pool. ����°7 7-���zzL- ^��-' z. 1�~�«�^°�°� ��� -�/~l -��=�/�/ ' ���c��c�^ ~ -�^^_ ' . '~'' '- -- ` .4e-&-5-ZD-a-C-L--e-a n 3, Randy &ecky P- tel City of Mendota Heights Applicant Name: i Address: /1 ? APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. 01 1 Date of Application ? -1 ? - 9 / Fee Paid (ztC •4t 49(0.),3�S•O� Wz,G.r (Last) >vi m > � Aize PH: `/ c s17 (Firs) A,vz, Owner Name: Address: (Number & Street) (City) (State) (Zip) 54.0‘..k (Last) (First) gpt9 hi el idadui-6.c. (Number & Street) • (City) (State) (Zip) Street Location of Property in Question: F)6-6- 7x41 L- / >ai,s' C� 7 G�f 9 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 -/ Q/ Variance Subdivision Approval Wetlands Permit Other (attach explanation) Present Zoning of Property �— I Present Use Proposed Zoning of Property , � ) Proposed Use I hereby declare that all statements made in this request and on material are true. Section %i," sF (Signature of Appli (Date) ye)A (Received by - Title) 1101 Victoria Curve -Mendota Heights, MN - 55118 452-1850 City of Mendota Heights August 21, 1991 Mr. Mark Rutzick 1171 Summit Avenue St. Paul, MN 55105 Dear Mr. Rutzick: Your application for a Variance will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, August 27, 1991. The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall in the Council Chambers. You, or a representative should plan on attending the meeting, in order that your application will receive Commission consideration. If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant KLB:mlk Enclosures: Planning Commission Agenda Planner's Report City Staff Report 1101 Victoria Curve -Mendota Heights, MN • 55118 1 452.1850 � City of Mendota Heights August 29, 1991 Mark Rutzick 155 South Wabasha #129 St. Paul, MN 55107 Dear Mr. Rutzick: Your application for a Variance will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, September 3, 1991. 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 3-2 (nays: Friel, Duggan) that Council grant approval of a ten foot (10') side yard abutting a street setback variance to allow a single family home as proposed. If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder •1 Administrative Assistant KLB:mlk Enclosures: City Council Agenda Staff Memo to City Council 1101 Victoria Curve • 1Viendota Heights, MN • 55118 452.1850 3 CITY OF MENDOTA HEIGHTS MEMO August 28, 1991 TO: Mayor, City Council and City Administrator FROM: Kevin Batchelder, Administrative Assistan SUBJECT: CASE NO. 91-33: Pease - Subdivision/Variance DISCUSSION: Mr. and Mrs. Pease appeared before the August Planning Commission meeting requesting preliminary plat approval and a variance to construct a new home at 940 Chippewa Avenue. Mr. and Mrs. Pease own a parcel of land on Chippewa Avenue that is comprised of three lots located within two subdivisions. Because the lots are located in two subdivisions, there are two County parcel identification numbers (PINS). Mr. Pease's lending institution desires to have the home located on only one PIN,in order to accomplish this the lots need to be replatted. RECOMMENDATION: The Planning Commission voted unanimously to recommend approval of the preliminary plat and four foot (4') rear yard setback variance. ACTION REQUIRED: If Council desires to implement the Planning Commission's recommendation, they should pass a motion approving the preliminary plat and the four foot (4') rear yard setback variance. • KLB:mlk . CITY OF MENDOTA HEIGHTS MEMO August 21, 1991 TO: Planning Commission FROM: Kevin Batchelder, Administrative Assis SUBJECT: CASE NO. 91-33: Pease - Subdivision/Variance DISCUSSION: Mike and Mary Pease desire to locate a new single family home on a parcel of land consisting of three lots located at 940 Chippewa Avenue. In order to meet the minimum standards for lots in Mendota Heights, the three lots need to be combined into one larger lot by replatting. The proposed replatting would enable the lot to meet the minimum requirements. See attached plans and memo. This subdivision request is being processed under Section 11.3(1) of the Subdivision Ordinance which allows the subdivider to be exempted from complying with any inappropriate requirements of the Ordinance. In this case, the request is to add a lot(s) to an abutting lot which is part of a recorded plat. Mr. and Mrs. Pease have submitted signatures of consent from their immediate neighbors and I recommend that the Planning Commission waive the requirement of the public hearing under Section 11.3(1). The Pease's are also requesting a four foot (4') rear yard setback variance to enable the house to be located as proposed. Please refer to Planner's Report for discussion of the requested variance. ACTION REQUIRED: Consider waiving the public hearing. Make a recommendation to the City Council on the requested replat and the requested four foot (4') rear yard setback variance. KLB:mlk PLANNING REPORT DATE: 27 August 1991 CASE NUMBER: 91-33 APPLICANT: Mike G. and Mary E. Pease LOCATION: 940 Chippewa Avenue ACTION REQUESTED: Lot Division, Rear Yard Setback Variance PLANNING CONSIDERATIONS: 1. Mr. and Mrs. Pease wish to construct a single-family home on property in the 900 block of Chippewa Avenue. The home proposed for the property is similar in character to the home on the lot directly across the street, which also seems to have been built fairly recently. At slightly under 2,000 square feet (first and second floors), the proposed house will be one of the larger homes along this portion of Chippewa Avenue. The house is to be sided with aluminum and will have brick trim at the base in the front. There are existing trees and shrubs on the property that screen much of the southern part of the lot from Chippewa Avenue and the properties to the south and southwest. There is also a small stand of spruce trees in the northwest corner of the property. The applicants have stated that they intend to preserve as much of the existing vegetation as possible. The applicants' proposed house should make an attractive addition to the surrounding neighborhood. 2. The home is to be located on property that is currently divided into two lots, neither of which meets the minimum lot size in the Zoning Ordinance (15,000 square feet). Nor do either of the lots satisfy the 70 percent rule as described in Section 4.4(1) of the Zoning Ordinance. Therefore, in order to create a buildable lot, the two parcels must be combined. Section 11.3(1) of the Subdivision Ordinance allows the Planning Commission to waive any inappropriate ordinance requirements when the request for subdivision involves platted land where the applicant is adding a parcel of land to an adjacent parcel and the resulting properties do not violate any other lot requirements. The lot that will result from the requested lot combination will meet all of the requirements for a legal lot in the Mendota Heights Zoning and Subdivision Ordinances. Mike and Mary Pease, Case No. 91-33 Page 2 3. The inappropriate requirement that the Planning Commission may elect to waive is the public hearing process. The applicants have obtained signatures from the. adjacent property owners, except for the owners of the adjacent property to the south. This parcel has been combined with the lot behind it to the east to form a long narrow through -lot. The house on this property is located on the east end, adjacent to Delaware Avenue. While it is unlikely that this parcel would ever be further divided or assembled with other lots, we would encourage the applicants to contact the owners and discuss their plans to develop the lot. 4. In addition to combining the lots to create a buildable lot, the applicants are requesting a 4 -foot variance from the 30 -foot rear yard requirement. The proposed house would extend to within 26 feet of the rear property line. Since there is no alley in this neighborhood, the rear lot line of this property is shared with the adjacent property to the east. The house on the adjacent property to the east is approximately 50 feet from the rear lot line. 5. The subject property is 100 feet deep, which is considerably shallower than the typical lot in Mendota Heights. The lots on the Delaware side of this block are roughly 140 feet deep. The required 30 -foot rear yard setback was established assuming a typical 150 -foot lot depth. The intent of the minimum rear yard requirement is to ensure ample open space within residential areas and to prevent excessive impervious service and the appearance of overcrowding in residential areas. The requested 4 -foot variance will in no way alter the character of the surrounding area nor will it result in any significant adverse impact on the adjacent properties. The lot dimension of the subject property is unique and constitutes a practical difficulty commensurate with the requested 4 -foot variance. r e E M O NT /20 O 1 a z 3 S' Iza HIAWAT'HA /a 7 N, ib° /7 ' / 4 S /4 r 5, \;� • �s b ,sl, �+` SUBJECT PROPERTY \ /- G a s 20 ss` 1• .s Z J� o ,� NORTH 'f"SCALE 1 N=200' /G 2: t 14175 1/9F7 +7 - -2 I� h 20.0j da 4.52S- Zc� 140 4174 &JP' '� 03 64 s J l 7 4 0 /Go /Sa T 1.4t7I slap LAWS O N S T'. i__a \___S, __I i J, 1• < ' SUBJECT PROPERTY NORTH t SCALE 1"=800' ! ' • 1 • 'i 1 a 1 August 19, 1991 To whom it may concern, This is a letter of intent whose purpose is twofold for the lot located at 940 Chippewa Avenue in Mendota Heights, Minnesota. One is a request to receive a lot division/replat approval. Two, is approval for a setback variance. Tile lot division/rspiat approval is needed to make the lot buildable by Mendota Heights_ standards. It has been stated to us that a lot mu=_t be 15,00o square feet in order to build a single-family home. The above mentioned property is divided into three actual lots, each totaling approximately 5,000 square feet.. We -need to combine the three lots to create one buildable lot. The setback variance is being requested for several reasons. When we began searching for a lot on which to build a house, we were looking primarily in the West St. Paul Mendota Heights area. Originally, we had a purchase agreement to obtain a lot located in West St. Paul. Prior to closing on the lot in West St. Paul we discovered that there were potential excavation and/or water problems. The lot owner would neither confirm nor deny the potential problems and we were forced to withdraw our offer. We• had already sold our house and proceeded with plans in order to meet our closing date of August 30, 1991. We have since purchased the lot at 940 Chippewa and received an extension from the purchasers of our current residence until September 29, 1991. The lot on Chippewa is 100 feet deep. Excluding setback footage totaling 60 feet, it leaves us 40 feet on which to place our home. The plans we desire and have completed are for a home which is 44 -Feet deep, thus the need for a variance. We have also already had our architect review the house plans to try to solve the problem, yet it was found it could not be done without losing the integrity of the house. Placement of the house on the lot is critical for maintaining existing trees. We would like to place the house so we could preserve the majority of trees on the lot. The neighboring home located directly behind us its at least 50 feet from our rear property line. We have met withthe owners of this home, Mr. and Mrs. Vdn, and have their approval'to build our desired home with the requested variance. We have also obtained the approval from our neighbors to the north of us (see attached letter). We will have no neighbors living directly to the south of us as it is an extended lot from Delaware Avenue. For the aoove mentioned reasons, we are requesting the lot division/replat and setback variance. Your consideration 0t this matter is greatly appreciated. E nce-e:• • August 10, 1991 To whom it may concern, This is a letter whose intent is to explain to prospective neighbors, the type of house which Mike and Mary Pease wish to have constructed. The house is a two story, three bedroom, double attached garage home with approximately 1,935 square feet of living space. It is to be placed on the vacant lot located at 940 Chippewa Avenue which is 150 x 100 square feet. The city of Mendota Heights requires all homes to be placed at least 30 feet back from the front of the property line and at least 30 feet forward from the rear of the property line. Following these guidelines, it would leave us 40 feet on which to place our house. The width of our proposed house is 5 I/1/fee t. Due to. this fact, we must apply for a variance to build our desired home. It was also suggested that we aquire the approval from the neighboring homeowners to assist us in obtaining the variance. If after reviewing our house plans, you do approve of them, please sign where indicated below. Your assistance and support in this matter is greatly appreciated. We look forward to residing in this neighborhood for many years to come. Sincerely, Mike and Mary Pease slam Name Lt Andrea= ( Ap7v, 5-57/8 Name Address . / AILAAAA A City ,off Mendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Applicant Name: l e-A.S e (Last) Address: Case No. Date of Application Fee Paid fig ke C .,F f litark-E PH: (Firs) • /allo --Sawa 54. W.St./Li , 144N Owner Name: /sv-95-9/ �X (Number & Street) (City) (State) 'Pea wt;l4' &. 4 libtacy E. (Last) (First) / Address: Sante (SP) (MO (Number & Street) (City) (State) (Zip) Street Location of Property in Question: WO Ipew/a Ave. 14%d& /414 MN Legal Description of Property: Type of Request: . Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. Plan Approval Comprehensive Plan Amendment Variance Subdivision Approval Wetlands Permit ✓ Other (attach explanation) Applicable City Ordinance Number Section Present Zoning of Property - Present Use • Proposed Zoning of Property Proposed Use I hereby declare that all statements made in this request and on the additional material are true. •41-"A. (Si` Applicant) (Date) z?4, (Received by - Title) 1101 Victoria Curve •Mendota Heights, MN • 55118 452.1850 City of Mendota. Heights APPLICATION FOR' CONSIDERATION . OF PLANNING REQUEST Case No. Date of Application Fee Paid Applicant Name: PecU e ke G. -' mar E . PH: LIS 0 -9 S9'/ (Last) (Fin) (N Address: 1216 -gi d we i/ S{. W . Sf. 'PaLJ 3 ti'YJN 5511k (City) (State) (Zip) (Number & Street) Owner Name: Pease , mkt- G.. 9t- Mary E. (Last) (First) Address: Sane (Number & Street) (City) (State) (Zip) Street Location of Property in Question:. 94/0 &hi/ye`vat /9✓eerl e 14e/data- ..?h % . Mt/ Legal Description of Property: Type of Request: Rezoning V -Variance Conditional Use Permit Subdivision Approval Conditional Use Permit for P.U.D. Wetlands Permit PIan Approval Other (attach explanation) Comprehensive Plan Amendment Applicable City Ordinance Number Section Present Zoning of Property Present Use Proposed Zoning of Property : Proposed Use I hereby declare that all statements made in this request and on the additional material are true (Sina f Applicant) licant) �e (Date) 3--/q-q/ €-/Y-7/ (Received by - Title) 1101 Victoria Curve • Mendota Heights, MN • 55118 452.1850 City of A Mendota Heights August 21, 1991 Mark and Mary Pease 1216 Bidwell Street West St. Paul, MN 55118 Dear Mr. & Mrs. Pease: Your application for a Subdivision/Variance will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, August 27, 1991. The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall in the Council Chambers. You, or a representative should plan on attending the meeting, in.order that your application will receive Commission consideration. If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant KLB:mlk Enclosures: Planning Commission Agenda Planner's Report City Staff Report 1101 Victoria Curve • Mendota Heights, MN - 55118 452-1850 City of ,. ! r.A Mendota Heights August 29, 1991 Mike and Mary Pease 1216 Bidwell Street West St. Paul, MN 55118 Dear Mr. and Mrs. Pease: Your application for a Subdivision/Variance will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, September 3, 1991. 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 unanimously to grant approval to replat the lots and grant a four foot (4') rear yard variance. If you have any questions, please feel free to contact me. Sincerely, Kevin Batchelder Administrative Assistant KLB:mlk .Enclosures: City Council Agenda Staff Memo to City Council • 1101 Victoria Curve • 1Viendota Heights, MN . 55118 452.1850 TO: FROM: SUBJECT: HISTORY: CITY OF MENDOTA HEIGHTS MEMO September 3, 1991 Mayor, City Council and City Administrator Tom Lawell, City Administrator Furlong Area Homes We are now in a position to offer for sale the two Kendon Lane homes which the City purchased a year and a half ago. We have contacted two realtors that are active in Mendota Heights and received proposals for the listing of the homes. The following is a summary of the proposed listing agreements. Term of Contract Commission Closing Costs & Tax Est. Listing Price 1305 - 1306 - Points Edina Realty 12/31/91 7% $500 est. 75/80,000 75/80,000 Nego. Dave Ross Realty Neg. 7%/6% $500 est. 75/79,000 76/80,000 Nego. We have been in contact with a potential buyer of the 1305 Kendon Lane home, however, he has just returned from vacation and has not been able to come up with an offer for the property. If we select a realtor, I would like to exclude the sale to this individual from the contract. Minimum Corrective Work 1305 Kendon Lane: 1306 Kendon Lane: Clean gutters, replace down spout extensions. Replace well access. General maintenance. Connect water and sewer to house. Replace window well covers. Replace broken windows, clean gutters and replace down spout extensions, connect grade at rear to prevent water flow to basement. General maintenance as required. Bring water and sewer to home from street. ACTION REQUIRED: Authorize corrective work and negotiate with realtor to list homes for sale. LES:mlk d? DAVE ROSS REAL ESTATE ESTIMATE OF 917 S. Smith Avenue • W. St. Paul, MN 55118 • (612) 455-3663 SELLERS PROCEEDS ADDRESS 1305 Kendon Lane,Mendota Heights,Mn. Type of sale FHA, CONVENTIONAL SALES PRICE 75-79.000 Current mortgage balance Interest adjustment Mortgage pre -payment fee Other financing balance Interest adjustment Contract for Deed balance Contract for Deed discount: at % Brokerage fee - 7 5,390.00 Real Estate Tax Pro rata @ $ per Prorated mo. for months Non -homestead taxes Assessments - Search Levied Pending Loan placement fee: $ 77,000 at 1.5 % 1.155.00 20.00 Recording Fees Abstract extension/RPA fee 150.00 175.00 Administrative fee Truth in housing inspection State deed tax ($3.30/$1000) 254.00 VA Funding fee VA Closing fee Work orders Seq W4t** State Conservation fee 5.00 RealSafe Home Warranty Other Total expenses to Seiler $.7,149.00 $ $ Estimated equity to Seller $ 69,851.00 $ $ Estimated equity by Contract for Deed $ $ $ Estimated cash to Seller $ $ $ $ 77,000.00 Seller Is aware that the above estimate Is preliminary and is based on information available as of the date of the estimate. Other Items not shown may apply to this transaction. No representation Is made by the agency or sales associate as to the accuracy or completeness of this estimate. If you have questions regarding the figures stated, please seek professional advice. Seller(s) Date Seller(s) Date White Copy: Broker Yellow Copy: Seller Pink Copy: aoser REALTOV OPPOINTUNITT OXIM. MAIM dz DAVE ROSS REAL ESTATE11 ®iN�s REALTORS -MLS 917 SO. SMITH AVE. • WEST ST. PAUL, MN 55118 PHONE: 455-3663 1305 KENDON LANE,MENDOTA HEIGHTS,MN DEFICIENCIES : 'UNCAPPED WELL.. SEPTIC TANK OIL HEAT WIRING MAY NOT BE UP '10 ODD E WET BASEMENT NO GARAGE CIDGCED GUTTERS cl? DAVE ROSS REAL ESTATE ESTIMATE OF 917 S. Smith Avenue • W. St. Paul, MN 55118 • (612) 455-3663 SELLERS PROCEEDS ADDRESS 1306 Kendon Lane,Mendota Heights,Mn. Type of sale SALES PRICE FHA, CONVENTIONAL $76=80,000 Current mortgage balance Interest adjustment Mortgage pre -payment fee Other financing balance Interest adjustment Contract for Deed balance Contract for Deed discount: $ at % Brokerage fee - 7 % 5,460 nn Real Estate Tax: Pro rata@$ per mo. for months Non -homestead taxes Assessments - Search Levied Pending Loan placement fee: $ 78,000 atl.5 % 1.170.00 20.00 Recording Fees Abstract extension/RPA fee 150.00 Administrative fee 175.00 Truth in housing inspection State deed tax ($3.30/$1000) ? S 7 00 VA Funding fee VA Closing fee Work orders See List ** State Conservation fee 5.00 RealSafe Home Warranty Other Total expenses to Seller $ 7. ? 37' 00 $ $ Estimated equity to Seller $ 71, 763.00 $ $ Estimated equity by Contract for Deed .... $ $ $ Estimated cash to Seller $ $ $ - $ 78,000.00 Seller is aware that the above estimate is preliminary and is based on information available as of the date of the estimate. Other items not shown may apply to this transaction. No representation is made by the agency or sales associate as to the accuracy or completeness of this estimate. If you have questions regarding the figures stated, please seek professional advice. Seller(s) Date Seller(s) Date i• White Copy: Broker Yellow Copy: Seller -Pink Copy: Closer r,• REALTOR• oOi ORTUNNiIT1T dz DAVE ROSS REAL ESTATE di REALTORS -MLS 917 SO. SMITH AVE. • WEST ST. PAUL, MN 55118 PHONE: 455-3663 1306 KENDON LANE ,MEVDOTA HEIGHTS ,MN. DEI. 'I CIENCIES : BROKEN GLASS IN PORCH AND IN GARAGE DOORS STRUCTURAL CRACK IN WALL OF GARAGE SEVERE WATER PROBLEM IN BASEMENT UNCAPPED TOILET DRAIN IN BASEMENT WATER SPOTS ON LIVING ROOM CEILING UNCAPPED WELL SEPTIC TANK PROPANE HEAT FOR WA'1Eh HEATER CITY OF MENDOTA HEIGHTS MEMO August 29, 1991 TO: Mayor, City Council and City Administrator FROM: Lawrence E. Shaughnessy, Jr Treasurer SUBJECT: Art Mulvihill Property HISTORY: We have now closed on the Art Mulvihill property at 2183 Highway 55. This is the site with a small home on the property. We should consider the disposition of the home. It does not appear to be of enough value to consider moving, and it could be demolished or used by the Fire Department for training. ACTION REOUIRED: Consider disposition of the home and authorize capping of the well on the property. LES:mlk 1 CITY OF MENDOTA HEIGHTS MEMO TO: Larry Shaughnessy Treasurer FROM: John P. Maczko Fire Chief SUBJECT: Mulvihill Property August 30, 1991 In response to your inquiry to whether or not the Fire Department would be interested in using the Mulvihill home on Highway 55 for training purposes. The department would be interested in having the Mulvihill home to burn for training purposes. Please take the necessary steps to insure that this property can be used for our use. If you have any questions, please contact me. CITY OF NENDOTA HEIGHTS MEMO August 29, 1991 TO: Mayor, City Council and City Administrator FROM: James E. Danie Public Works Dtr or SUBJECT: Ivy Falls Creek Storm Water Improvements INTRODUCTION: The City improved a portion of the main channel of Ivy Creek after it was damaged by the 1977 "100 Year Storm". During the design for those improvements, all of Ivy Creek and its tributaries were studied and improvements recommended, although no work was completed downstream of Laura Court. Following the "Super Storm" of 1987, homeowners adjacent to the Ivy Hill Park Reach of Ivy Creek (see map) experienced some damage and contacted the City for help. We met with the neighborhood to view and discuss the situation but never ordered any improvements. Mr. Brassard, 1205 Sylvandale, owns a home adjacent to a storm sewer outlet on the Ivy Hill Park Reach that needs repair, he also is nectr" a turn in the creek that needs bank protection. Mr. Brassard has been willing to spend his own money to complete the bank repair and in 1987 made application for a wetlands permit to do that work. The permit request was tabled by the City Council to allow time to complete some more study of the problem. That study was recently completed by Barr Engineering (Lower Mississippi WMO Engineer). The Ivy Falls Creek Ivy Hill Park Reach has tributary water that comes all the way from West St. Paul, therefore improvements to the creek have been included with the Lower Mississippi River Water Man- agement Organization as a project and that is the reason the study was completed by Barr Engineering, the Watershed's engineer. Barr has prepared this preliminary report to address 10 different' potential solutions, all of which are very costly. The most feasiblesolution would-utilize a portion of Ivy Hills Park as'a storm,water detention pond. I have not brought this report before Councilriearlier because of a couple -of reasons; 1)'we have had -many other mo' pressing issues to deal with (time constraints)' and 2.) we 'are not.convinadd that the Barr recommended solution is exactly the way we want to'proceed. DISCUSSION: Mr. Brassard contacted me again this summer to report that he . wants to sell his home but doesn't feel that he can honestly market it without solving the storm water problem. He again proposed construct- ing bank protection along the creek adjacent to his lot at his own expense. I have been meeting with him and his contractors over the past few months talking about alternative proposals. In the final analysis we do not feel that it would be well ad- vised to allow Mr. Brassard to construct his bank'protection without the City completing some creek controls at the same time. We there- fore propose that the City complete the work under a public improve- ment project assessing Mr. Brassard for the bank protection and his share of the stream work. The remaining stream work costs would be held and assessed when a larger more comprehensive project is complet- ed in the future. I propose that the City funded portion of the work near the Brassard lot would be a drop structure at the Sylvandale Road outlet ##1 (see map) and a check dam at the bend in the creek. We are also experiencing very serious erosion problems at another cross culvert under Sylvandale Road located west of Laura Court. We propose to construct a drop structure on the downstream end of the Sylvandale #2 cross culvert at this same time. This outlet is cur- rently in such serious need of repair that it could damage the road during the next major storm event. My "off the cuff" estimate for completing this work is as fol- lows: Construct Drop Structure at Sylvandale Road ##1 Construct Drop Structure at Sylvandale Road #2 Construct Check Dam by Brassard Install Bank Protection by Brassard Total Project Cost Cost Estimate $ 20,000 40,000 20,000 30,000 $110,000 Funding for the project would be $75,000 by the City, to be paid for out of the Infrastructure Reserve Fund and to be repaid when a larger project is done addressing the entire creek. And $35,000 by Mr. Brassard (the entire bank protection and $5,000 of the large project) . RECOMMENDATION: Because the overall project to upgrade the Ivy Hill Park Reach of Ivy Creek is such a large project affecting many residents all the way to West St. Paul and because it is still not clear in my mind as to the exact course of action to be taken with the overall project and because this proposed construction would be useful in a future project, I recommend that we phase the Ivy Falls Creek erosion protec- tion construction by repairing the two Sylvandale outlets and con- structing one check dam by the Brassard residence now, funding the costs out of the Infrastructure Reserve Fund andnbursing the fund later when the full project is completed. We wouleihd assess Mr. Bras- sard'for the costs of bank protection plus phis share•of the total costs so that he will not be assessed when the larger project is completed. This will allow construction adjacent to the Brassard lot to be done this winter or spring (which is a good time to work in a creek bed). We will continue to analyze the larger project and bring a proposal before Council later this fall or winter, with hearings to begin Spring/Summer of 1992. ACTION REOUIRED: If Council desires to implement the recommendation they should pass a motion adopting Resolution No. 91- , ACCEPTING PETITION AND ORDERING FEASIBILITY REPORT FOR IVY CREEK STORM WATER IMPROVEMENTS. JED:dfw 1 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR IVY FALLS CREEK STORM WATER IMPROVEMENTS WHEREAS, a petition has been filed with the City Council request- ing storm sewer improvements to serve Ivy Falls Creek and adjacent areas. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the above described petition be and is hereby accepted by the City Council of the City of Mendota Heights. 2. That.the City Engineer be and is hereby authorized and directed to prepare a feasibility'Study as to whether said proposed improvements are feasible, whether said improve- ments should best be made as proposed or in connection with some other improvement, and as to the estimated cost of said improvement. Adopted by the City Council of the City of Mendota Heights this 20th day of August, 1991. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor JOHN L. (JACK) BRASSARD Florida Minnesota 15510 Kilbimie Drive 1205 Sylvandale Rd. Ft. Meyers, Florida 33912 St. Paul, Minnesota 55118 813-768-0007 612-457-3266 Mr. James E. Danielson Public Works Director City of Mendota Heights Dear mr. Danielson : July 19 1991 Since the record rainfall of 1987 I have been trying to obtain a permit to repair the banks of Ivy falls Creek , Which makes up the property line to the rear of my home. I was told that the city was going to to make a study to determine the options to repair the damages done by the torrent of storm water that drained from Dodd road through the Ivy Falls Park area and then through the Ivy Falls Creek.I was further informed that any repair that I would make , probably would have to be removed when the city repaired the damages to the Creek. Four years later, during whch time the city has not made any effort to repair the damages to the Creek,the storm water erosion has caused the creek bed to drop 5 1/2 ft.and the creek is as much as 22 feet wide in some areas.An estimate from an engineering co.indicates that I have lost as much as 370 cubic yards of soil..We have lost six large trees that have been undercut by the current and dropped into the creek. -My neighbor across the creek has three very large trees that have had the soil washed away from their roots and they appear to be ready to fall at any moment,the largest one is some three or four feet in diameter.and one hundred and thirty feet high,should this tree f?.].1 in our direction it will certainly crush the west side of our hovtse. , -• .-•- • The Creek bank is now an uncomfortable 20 feet from my house and I fear that should we have another storm of the century, or even a prolonged thunderstorm,I will lose part of the foundation to my house.At this time I feel that it is imperitive that I take steps to protect my property and its value. With out further delay I must have a permit to repair and stabilize the banks of Ivy Falls Creek that are on my property.I have attached adetailed-plan for your engineering dept.This work must be done as soon as posible each succeeding rain fall is eroding the bank further. Yours Truly John L. Brassard 1205 ,Sylvandale Road Mendota Hieghts A 100% PETITION FOR IMPROVEMENTS AND WAIVER OF HEARING FOR STORM SEWERS We, the undersigned, being the owners of all of the real property abutting upon the following street, alley, or public way between the points indicated: Lot 1, Block 1, Ivy Falls 2nd Addtion, Township 28 North, Range 23 West, Dakota County, Minnesota hereby petition the City Council of Mendota Heights, Minnesota, to undertake without a public hearing under Minnesota Statutes, Section 429,031, the following improvements along said street, alley or public way: The construction of an extension to the City's storm sewer, including appurtenances and incidentals thereto, and the acquisi- tion of easements, and the reconstruction where necessary of streets and easements in the above described area. and to assess the entire cost thereof against our property abutting said improvements based on benefits received.without regard to cash valuation. e of ers* Address Date /` t/Afk-bia-L4 'ft) A u "/ 3. *Property owned in joint tenancy should be signed by each owner. LEGAL DESCRIPTION OF ALL ABUTTING PROPERTY: Lot 1, Block 1, Ivy Falls 2nd Addtion, Township 28 North, Range 23 West, Dakota County, Minnesota I hereby certify that I have examined the above petition and appropriate real estate records and find that said petition is in proper form and is signed by all the owners of property abutting said improvements. 1'1 WITNESS my hand as such Clerk and the said oi'said.City this day of , 19 • Kathleen M. Swanson, City Clerk (SEAL) City of Mendota Heights CITY OF MENDOTA HEIGHTS r MEMO August 29, 1991 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works Dire SUBJECT: Lorentzsen Storm Water Complaint INTRODUCTION: After I completed the Brassard report I received the attached letter from Mr. Lorentzsen who lives a few houses away from Mr. Bras- sard on the same creek. DISCUSSION: Mr. Lorentzsen is concerned in general about, if and when im- provements will be done to protect the creek and in particular about the affect of adding more storm water to the creek from the project the State is currently completing along Sylvandale and Trunk Highway 13. 1. Overall Improvements Overall storm water improvements to Ivy Creek are proposed to be addressed this fall or winter when the Barr Engineer- ing Report is presented to Council for review and direction. 2. lain/DOT Project Council approved the Mn/DOT project last year to allow them to connect the overflow from a newly constructed holding pond in Lilydale to the pond in Ivy Hills Park. This option was dramatically less in cost that) other options of running the water straight toward the river (The City was sharing in the costs of the project and therefore participated in the cost savings). Water from this new connection ultimately ends up in the creek that flows by Mr. Lorentzsen's home, but, the increased quantity will be negligible. The water runs through two holding ponds before getting to the creek by Mr. Lorentzen's and for the most part means that the flow will last longer not that the ratewill"be increased. RECOMMENDATION: I recommend that a detailed discussion of Mr. Lorentzsen's con- cerns be tabled for discussion with the Ivy Falls Creek discussion this fall and winter. ACTION REQUIRED: Review Mr. Lorentzsen's letter, and if Council desires to imple- ment the recommendation, table discussion of Mr. Lorentzsen's problem directing staff to forward a letter to Mr. Lorentzsen informing him of the intent to discuss the Ivy Creek problem in more detail this winter and that he will be notified when the discussions are to commence. JED:dfw ` gorman Q' 2. o+orenizsen 675 c97yngalls l:ourl @1f. Paul ` n Minnesota 551:8 imeezteo:& our eld ei4etW‘641 ,frzKE,ff,026`e' sordeu6LsgaeP�t.KC hoeei 4€4,4644t 161.4440;e. 194 kg; ‘LaLl 9°44464#114"6€4 at- ..G‘attt, 4e-4444 -driogiA4.144 cauiZ4.Y.:‘, 2rc�L'..B.LLe..:..vdc.�e :;leied „ ��rtun Rees�er��"�// .ul t L eAeA,(1 hz-124 - 44z- kileeW 0`ew26yH. _n JCG.LL't1�1LNtiG(1 -� INa 2£IO MLr tsigios- ale-tA44-ter."".44 ,v. -47;t t90..w a n..:eR ww 4...eon 64-'v.44A‘dtcdo2 if4A-a "944r4J).4 otOt . G�?�Cet�e.0 Q¢s�ee et- .ox c4L+-.we;2.sce1 Y��rntaCJ/rx� Q 7 • .,orre}nlxsen r 675 vynnCnJals l�ouri C'f. CCPart(, (Minnesota 551 i Arne% it-dig-L44v a.d1�� e,ea44• zcAew -4Z441a..XA4 r$24441. if4d44:174 Zdeettrfrda•c:.10t deo Se¢.‘to olrL,ac�x1r�e_,Y��t�204., -Leee4‘c44e444-et GG�1 #�c .irs�sr�.�oif' �� so‘tc.4‘enx4-.... AA -a Let441.4.. 4iee, ,‘0,914.4, 41.~.=43..- z4. 44, 41-&t:10u4/;c:0 4vZ�.i* rvitert.a-4.cel 6-ekure;L/4e,fszci_ a,40.crce�.�.0.1h2uaeei too-t,t.X.eetI�.ciasY /3 - ': ,e0r4..d*rie,.te.¢4- AV..e.cillte,te-ezce...42".236 e-a4G44e;ee e --P.uzu-''-sr�-lsff-sci— 24:o_dieze.444-//04,e1C.444 21���"re.Qi ic�,P-e 4414Z•C�o CITY OF MENDOTA HEIGHTS MEMO August 29, 1991 TO: Mayor, City Council and City Administrator FROM: James E. Danielson Public Works Director SUBJECT: Centex Developer's Agreement and Final Plat DISCUSSION: Attached is a revised copy of the Centex Developer's Agreement, the revisions are few and indicated by underlining. The Mayor had a concern last meeting that the entire plat should be filed immediately in order for the City to get the benefit from the increased tax base as soon as possible. It appears however that the Minnesota Legislature recently ad- dressed this issue, and reassessment of the property is not triggered by the filing of a plat but triggered by the rezoning and the approval of a project. Undeveloped land is to be fully assessed at its higher and best use as soon as it has been rezoned. The Mayor felt that this legislation change adequately addressed his concern. Also attached are copies of the final plat. Staff has reviewed them and find that they conform to the criteria established during settlement negotiations and include the changes agreed upon as a result of Planning Commission review. The drainage and utility ease- ments have not yet been entirely drafted on the plans yet, waiting completion of the final design of the public improvements. Final design of the utilities could require some relocation of the ease- ments. Final plats have not been submitted for the townhouse areas yet because Centex is uncertain as to whether they will plat them as individual units or as blocks. RECOMMENDATION: I recommend approval of the final plats subjedt to placement of all the required easements for public utilities and drainage ways and approval of the Developer's Agreement as corrected. ACTION REQUIRED: Review the terms and conditions of the attached Developer's Agreement making any desired changes and then if Council desires to implement the recommendation, pass a motion authorizing the Mayor to execute the agreement on behalf of the City. (Continued on Back) Review the attached plats and if Council desires to implement the recommendation pass a motion adopting the following Resolutions: Resolution No. 91 - Resolution No. 91 - Resolution No. 91- Resolution No. 91 - RESOLUTION APPROVING KENSINGTON PUD RESOLUTION APPROVING KENSINGTON PUD RESOLUTION APPROVING KENSINGTON PUD RESOLUTION APPROVING KENSINGTON PUD 2ND ADDITION 3RD ADDITION 4TH ADDITION 5TH ADDITION Centex intends to file the 2nd Addition plat soon and the remain- ing plats as development dictates. JED:dfw >> r City of Mendota Heights Dakota County, Minnesota RESOLUTION NO.. 91 - RESOLUTION APPROVING FINAL PLAT FOR KENSINGTON PUD 2ND ADDITION WAS, a final plat for Kensington PUD 2nd Addition has been submitted to the Council; and WHEREAS, the City Council has reviewed said final plat. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the final plat of Kensington PUD 2nd Addition submitted at this meeting is hereby approved. 2. That the appropriate City officials be and they are hereby authorized to execute the final plat on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1991. Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, City of Mendota Heights Dakota County, Minnesota RESOLUTION NO_ 91 - RESOLUTION APPROVING FINAL PLAT FOR KENSINGTON POD 3RD ADDITION WHEREAS, a final plat for Kensington PUD 3rd Addition has been submitted to the Council; and WHEREAS, the -City Council has reviewed said final plat. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the final plat of Kensington PUD 3rd Addition submitted at this meeting is hereby approved. 2. That the appropriate City officials be and they are hereby authorized to execute the final plat on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk City of Mendota Heights Dakota County, Minnesota RESOLUTION NO.. 91 - RESOLUTION APPROVING FINAL PIAT FOR KENSINGTON PUD 4TH ADDITION WAS, a final plat for Kensington PUD 4th Addition has been submitted to the Council; and WHEREAS, the City Council has reviewed said final plat. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the final plat of Kensington PUD 4th Addition submitted at this meeting is hereby approved. 2. That the appropriate City officials be and they are hereby authorized to execute the final plat on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1991. Mayor ATTEST: Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 91 - RESOLUTION APPROVING FINAL PLAT FOR KENSINGTON PUD 5TH ADDITION WHEREAS, a final plat for Kensington PUD 5th Addition has been submitted to the Council; and WHEREAS, the City Council has reviewed said final plat. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the final plat of Kensington PUD 5th Addition submitted at this meeting is hereby approved. 2. That the appropriate City officials be and they are hereby authorized to execute the final plat on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1991. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk AUG -29-91 THU 9:41 WINTHROP WEINSTINE P.076 r\&(`tine Copt' DEVELOPERS' AGREEMENT: KENSINGTON PLANNED UNIT DEVELOPMENT, PHASE II RE: Kensington P.U.D., Phase II: Case No. 91-23 THIS DEVELOPERS' AGREEMENT for the Kensington Planned Unit Development, Phase 11, has been entered into this day of September, 1991, by and between CENTEX REAL ESTATE CORPORATION, a Nevada corporation ("Centex"), d/b/a CENTEX HOMES, 5929 Baker Road, Suite 470, Minnetonka, Minnesota 55345, and R.A. PUTNAM & ASSOCIATES, INC. ("Putnam"), a Minnesota corporation located at 2765 Casco Point Road, Wayzata, Minnesota 55391 (hereinafter jointly called the "Developers") and CiTY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, a municipal corporation, 1101 Victoria Curve, Mendota Heights, Minnesota 55118 (hereinafter called the "City"). W 1 T N E S S E T H: WHEREAS, the Developers by Application dated and filed February 8, 1990, have applied to the City for approval of the following: a. Rezoning of the subject property (legally described on Exhibit A attached hereto) from R-1, R -1A, and R -1B (all one -family residential districts) to HR PUD (high density residential planned unit development) and MR PUD (medium density residential planned unit development) as set forth on the project submittal containing 7 pages and attached hereto as Exhibit B (collectively, the "Plan"). b. Preliminary plat approval for Kensington Planned Unit Development, Phase 11. c. Certain wetlands permits; and tr./ d. A Conditional Use Permit for a planned unit development; and e. Street vacation of Lockwood Drive. WHEREAS, the Developers propose to develop on the subject property a planned unit development consisting of three hundred five (305) residential units and approximately thirteen (13) acres of park in accordance with the Plan (hereinafter called the "Kensington Phase II Planned Unit Development"); and ‘5t14, WHEREAS, the Plan was reviewed and approved by the city planning commission on July 23, 1991, subject to certain conditions; and AUG -29-91 T H U 9:42 WINTHROP a W E I N S T I N E P. 04 WHEREAS, the Plan was reviewed and approved by the city council on August 6, 1991, subject to certain conditions set forth on Exhibit D attached hereto; and WHEREAS, the Developers have agreed that Phase it shall comply with and conform to the conditions specified herein; and WHEREAS, there is currently pending before the Dakota County District court as File No. 19-C9-91-006089 the matter of Centex Real Estate Corporation, a Nevada corporation d/b/a Centex Homes and Putnam Corporation a Minnesota corporation,, Plaintiffs -Petitioners vs. the City of Mendota Heights, Dakota County, innesota a municipal corporation, Defendant -Respondent (the 'riCensrngton Lawsuit"); and WHEREAS, contemporaneously with the execution hereof, Developers shall deliver to the City a Stipulation of Dismissal of the Kensington Lawsuit with prejudice along with a full and final release of all claims arising in connection therewith duly executed by all named plaintiffs therein; and WHEREAS, as between the Developers, Centex and Putnam each owns a portion of the entire property involved in these proceedings, to wit: Centex owns Parcel "A" and Putnam owns Parcel "B", as more particularly depicted on Exhibit E attached hereto; and WHEREAS, as this DEVELOPERS' AGREEMENT: KENSINGTON PLANNED UNiT DEVELOPMENT, PHASE II relates to the City, Centex shalt be liable for those undertakings herein as the same apply separately to Parcel "A" and Putnam shall be liable for those undertakings as the same shall apply separately to Parcel "8"; and WHEREAS, as to covenants of the Developers relating to both Parcel "A" and Parcel "8", Developers shall be jointly and severally obligated for the performance thereof. NOW, THEREFORE, in consideration of the Recitals, which are hereby made a part hereof and further in consideration of the City adopting its Ordinance No. 277, Ordinance Amending City Ordinance No. 401 with respect to -MR-PUD, Ordinance No. 278, Ordinance Amending City Ordinance No.. 401 with respect to HR -PUD, Resolution No. 91-44, Resolution Approving C¢r(ditional Use Permit for Phase II of 'Kensington Planned Unit Development ,-(the "i?..U. D. "), and Resolution No. 91-43, Resolution Approving Vacation, of Street Right of Ways and Drainage and Utility Easements, the Developer covenants and agrees to develop and maintain the property, subject to the following terms and conditions: 1. The Developers shall develop and maintain Phase 11 in conformance with the Plan subject to the conditions to approval imposed by the city council, as set forth on Exhibit D attached hereto, and further subject to the conditions and approval— requirements provided herein. The Developers shall not develop, construct upon, or maintain Phase 11 in any other respect or mariner than provided herein. 2. : °Developers acknowledge that pursuant to the City's zoning ordinance, construction of Phase 11 must commence within one (1) year from the date -2- AUG -29-91 T H U 9:4Z WINTHROP e< W E I N S T I N E P. OS of approval unless the city council, in its discretion, extends the construction period for an additional one (1) year; if construction does not commence within such period, the Conditional Use Permit granted to the Developers by the City on August 6, 1991 in connection with the Kensington Phase II Planned Unit Development shall lapse and be of no further force and effect. 3. The Developers shall submit to the City for approval, final plans for all sanitary sewer, watermain, storm sewer facilities, drainage facilities, concrete curb and gutters, and streets (hereinafter called "improvements") to be made and constructed on or within the property to be dedicated to the City. Said plans are hereby made a part of this Agreement. Developers further agree that all improvements shall be designed by a registered professional engineer in compliance with city, state and federal standards. The City reserves the right to approve or request reasonable modifications to the Improvements. All such Improvements designed, approved by the City and for which a written contract is entered into in calendar year 1991 (collectively, the "Developer Improvements") shall be completed by the Developers and shall be free and clear of any liens, claims, charges, or encumbrances including any for work, labor, or services rendered in connection therewith, materials or equipment supplied therefor. Developers agree to provide to the City on or before January 1S, 1992 with a written statement describing the Developer Improvements, to be accompanied by copies of the written contracts relating thereto. Developers shall complete Construction of all Developer Improvements with the exception of the final wearing course of asphalt on roadways, prior to July 1, 1993. Developers acknowledge that the City may, at its option, perform or cause to be performed all public improvement construction on the project site, other than public improvements actually constructed and completed by Developer, with the cost thereof to be assessed against the subject property in accordance with applicable law and city policies end procedures. Developers also agree to furnish to the City for approval a list of contractors being considered for retention by the Developers for the performance of the work required hereby. The City reserves the right to reject a contractor for reasonable cause. City and Developers shall reasonably cooperate with one another with respect to the timing of completion of the public improvements. It is further agreed that the Developers shall provide (i) all staking and surveying and, (ii) if required by the City Engineer, sufficient full-time resident, inspection for the Developer Improvements in order to insure that the completed Developer Improvements conform to the approved plans and specifications. The City and St. Paul Water Utility will provide for general and final inspection and shall be notified of all tests to be performed. The Developers' inspector, city inspector end St. Paul Water Utility will coordinate inspections at various times to check the condition of water stop boxes and other utility extensions. It is agreed that all charges of the City for legal, planning and engineering services relating to design, approval and construction of the Public Improvements or otherwise arising hereunder, including inspection, supervision and administration costs and services charged by St. Paul Water Utility, shall be included in the total cost of all Improvements. The Developers shall provide an escrow deposit of $10,000 'to cover those costs. Should this amount be exceeded, the Developers shall be billed for those costs, with payment due Immediately. r AUG -29-91 T H U 9 :43 WINTHROP WEIHST INE P_ 06 The Developers agree to provide to the City on request any and all documents, agreements or information relative to the Developer Improvements. All plans, bids, change orders or other amendments to the Plan must be approved by the City in advance. The Developer shall be financially responsible for the installation of street identification sign and non-mechanical and nonelectrical traffic control signs. Street signs will be in conformance with the names as indicated on the plat of record and be prepared by City staff. The actual number and location of signs to be installed will be at the discretion of the City and actual installation shall be performed by the City staff. Prior to commencement of the Developer Improvements, Developers shall provide to the City a payment and performance bond(s) from a recognized bonding company providing for construction and completion of the Developer Improvements, naming the City as dual obligee. Upon completion and acceptance per Paragraph 7 below, the Developers warrant and guarantee that the Developer Improvements will be free from any defects in materials or workmanship for a period of one (1) year following said completion and acceptance. Defects in materials or workmanship shall be reasonably determined by the City in accordance with local industry standards. In case any material or Tabor supplied by the Developers shall be rejected by the City Engineer or his designated representative as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the specifications and approval of the City Engineer and at the sole cost and expense of the Developers. It is specifically understood that final approval and acceptance of the Developer Improvements shall take the form of a Resolution duly passed by the Mendota Heights City Council, on the advice of the City Engineer. Upon completion of all Developer Improvements, the City Engineer or his designated representative, a representative of the contractor, and a representative of the Developers will make a final inspection of the work. Before final payment is made to the contractor by the Developers, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with approved plans and specifications, ,and the Developers shall submit a written statement attesting to same. Upon completion of the work, the Developers shall provide the City with. ell reproducible mylar plan sheets and one set of prints showing the' -,ewer service stub inverts and at least two (2) ties to all water stop boxes and all ends of sewer stubs. These plans shall include the locations, elevations and ties to all sanitary sewer and watermain services. 4. The Developers shall submit to the City for approval, final plans for grading, drainage, and landscaping (hereinafter called "Landscaping Improvements"). Said plans are hereby made a part of this Agreement. Developers further agree that all Landscaping Improvements shall he designed in compliance with City standards. The City reserves the right to condition its approval upon the agreement of the Developers to complete reasonable specified modifications to the Landscaping Improvements. All such Landscaping Improvements shall be completed by the Developers and shall be free and clear of any liens, claims, charges of:encumbrances, including any for work, labor, or services rendered in connection therewith, materials or equipment supplied therefor. -4- AUG -29-91 THU 9:44 WINTHROP a WEINSTINE P. 07 5. Developers agree to dedicate, transfer and convey to the City by dedication in the final plat without cost to said City free and clear of all encumbrances other than existing utility easements of record, to the areas designated as park on Exhibit B (hereinafter collectively called the "Park"); Developers further agree to transfer to the City immediete.l, upon recording the first final plat, by instrument acceptable to the City, (i) a fifteen (15) foot trail easement between Lots 6 and 7, Block of the P.U.D. and (ii) Outlot A. If the Developers elect torecord the the final plat of tfle P.U.D. in phases the Par the above; described trail easement and Outlot A shall all be included in the final • lat for the first • hase which final Plat shaft -be pplaced of recorddbby •ev o•e s • a , , Developers agree to install po markers aell Park boundary corners at no cost to the City. Developers represent and warrant to the City that Developers have the right to acquire, pursuant to currently enforceable written contracts, fee simple title in and to all real property included within the P.U.D., including without limitation the property to be dedicated to the City hereunder. Developers further represent and warrant that they intend, and have the right, to pursue development of the P.U.D. in accordance with the Plan. Concurrent with project grading, Developers also agree to submit a bon ide bid, along with other responsible bidders if competitive bidding is required, to grade the Park at City's expense in accordance with reasonable grading plans approved by the City. Developers agree to design their site grading such that each of the City Park areas can be graded to final Park design conditions without the need to add or remove soil. Developers also agree to insure that adequate amounts of on-site topsoil (including any on-site black dirt) are available on each Park site, at no cost to the City, sufficient to cover all parkland with at least 4 inches of material, whether or not Developers are awarded the park grading contract. Developers acknowledge that the City desires completion of Concord Way not later than July 1, 1993 in order to provide public access to the Park. If completion of Concord Way is a Developer Improvement, Developer shall complete construction of Concord Way, with the exception of the final wearing course of asphalt on or before July 1, 1993. If completion of Concord Way is not a Developer Improvement, execution of this Agreement shall constitute a petition by the Developers for the construction and completion of Concord Way by the City. 6. Developers agree that anything to the/' contrary herein notwithstanding, the city council, its agents, employees, Arid/or assigns shell not be personally liable or responsible In any manner to the Developers, their contractors or subcontractors, materialmen, laborers, or to any other person or persons whomsoever, for any claims, demands, damages, actions, or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvements provided herein. The Developers will indemnify, hold harmless and defend the City from and against all claims, demands, damages, actions or causes of actions, costs, disbursements and liability, specifically including without limitation, cost and expenses for City administrative time and labor, costs of consulting engineering services and costs of legal services, paid or incurred by or asserted against the City, arising out of or in connection with any negligence or wrongful acts of Developers, or the failure by Developers AUG -29-91 T H U 9:45 WINTHROP ec WEINST INE P_ 00 or their respective agents and/or contractors to perform any of its or their covenants or obligations hereunder. 7. immediately upon final completion of all Developer Improvements, Developers shall give written notice thereof to the City's engineer, who shall conduct a final inspection of all Developer Improvements and shall report in writing the results of the inspection to the Developers within one (1) week after receipt of such notice. Until acceptance by the City of the Developer Improvements, the Developers shall be solely responsible for all maintenance thereof and repairs thereto. The City shall be responsible for all maintenance and repairs after acceptance of said dedication of said Developer Improvements. Prior to the City's acceptance of the Developer Improvements, the Developers shall cause warning signs to be placed on and around such streets and other Improvements whenever any dangerous or hazardous condition exists on such property and shall establish any necessary detour routes. If and when streets become impassable, such streets shall be barricaded and closed. No occupancy permits for any house or structure in the P.U.D. completed prior to July 1, 1992 shall be issued by the City until a hard, smooth, all weather surface has been constructed for the streets and roadways serving such house or structure and utilities relating thereto are completed. As to houses or structures In the P.U.D. completed after July 1, 1992, no occupancy permits will be issued until the streets, roadways and utilities serving such house or structure are all completed, with the exception of the final wearing course of asphalt. The Developers shall be responsible for (i) keeping streets within and abutting the property swept clean of dirt and debris that may spill or wash onto said streets from their operation, and (ii) taking all necessary steps to ensure that dust and debris from or related to the construction of public improvements serving the P.U.D. do not blow onto or enter adjacent or nearby property or become a nuisance to adjacent or nearby landowners. If the public streets are black -topped, the City shell keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of said streets. B. The provision by the City of snowplowing service does not in any way constitute final acceptance of the Developer Improvements. . 9. The Developers shall dedicate to the City all rights-of-way shown on the Plan. The Developers agree to dedicate said rights-of-way free and clear of all encumbrances, liens end mortgages except existing utility easements. The rights-of-way for Concord Way and Lockwood Drive shall be sixty feet (60') wide as shown on the Plan. All other public rights- of-way shall be fifty-five feet (55') wide. 10. Developer shall furnish the City of Mendota Heights proof of insurance covering any contractor's equipment, laborers, and hazard caused by said improvements. Prior to commencement of construction, the Developer shall furnish to the City evidence of Public Liability Insurance in the amount of Two Hundred Thousand Dollars ($200,000.00) .per ,claimant and Six Hundred Thousand Dollar ($600,000.00) per occurrence and Property Damage Insurance in the amount of Two Hundred Thousand Dollars ($200,000.00), all of which shall name the City as an additional -6- AUG -29-91 T H U 9:46 WINTHROP & WEINSTINE P _ 09 Insured (as to liability insurance) and loss payee (as to property or hazard insurance). These insurance policies shall be in full force and effect during the life of this Developers Agreement. 11. The Developers agree that all lots in Phase 11 shall have minimum setbacks and/or spacing equal to the setbacks shown on Exhibit B or, where no dimensions are provided on Exhibit 8, in accordance with the following: a. Multi -Family: i. Front yard (building to right-of-way) 30 fee ii. Building to private drive _if"20 feet iii. Side yard ''N°:4."^`I curt—o�`}.33. N/A iv. Building to building 50 feet (except side to side) 30 feet v. Parking area to building 15 feet b. Single Family: i. Front yard ii. Side yard iii. Rear yard 30 feet 10 feet 30 feet 12. Certain lots in Phase H i require Wetlands Permits for construction within the 100 -foot setback requirements and, accordingly, Developers have made application therefor. Based on Developers' application relating thereto as well as other information gathered by or available to City staff, 'the City has determined that such applications for Wetlands Permits meet all criteria therefor set forth in City Ordinances. Accordingly, the Tots indicated on the attached Exhibit C are approved for construction no closer than the distance listed from the regulated pond elevation. Any encroachment beyond the approved construction boundary will require submission of an application for a Wetlands Permit as required by City Ordinances. Developers and the City acknowledge and agree that all reasonable steps should be taken to preserve on the subject property existing trees and other flora. Accordingly, Developers agree to engage, at Developers' sole cost, a qualified forester reasonably acceptable to the City to assist and advise Developers in preservation'of such trees and other flora. Developers agree to cooperate reasonably with' the City in establishing final location of roadways and other improvements in a manner best suited to maximize the preservation of such trees and other flora. 13. The Developers acknowledge that the rights of the City to performance of the obligations of the Developers set forth within this Agreement are special, unique and of extraordinary character and that, in the event that the Developers violate, fail, or refuse to perform any covenants, conditions or provisions made herein, the City may be without an adequate remedy at law. The Developers agree, therefore, that in the event that they violate, fail, or refuse to perforrb —, any covenants, conditions or provisions made herein, the City may, et„ its option end in addition to any other remedy available at law or in equity, institute and prosecute an action to specifically enforce performance of such covenant. AUG -29-91 THU 9:4-6 WINTHROP & WEINST INE P - 10 No remedy referred to in this Agreement is intended to be exclusive and shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedies. 14. Developers acknowledge that, as proposed to be platted, Outipt B is without access on public roadways. In the event that Developers elect to sell, transfer or convey all or any part of or interest in Outlot B to any third party, Developers shall be solely responsible for providing adequate access to Outlot B and shall indemnify and hold the City harmless from and against any claims or expenses relating thereto. 15. Any terms of this Agreement that are illegal or unenforceable at law or in equity shall be deemed to be void and of no force and effect to the extent necessary to bring such terms within the provision of any such applicable law or laws, and such terms as so modified in the balance of the terms of this Agreement shall be enforceable. 16. The provisions of this Agreement shall be binding upon and enforceable against the Developers, their successors and/or assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals all as of the date and year first above written. -P- CENTEX REAL ESTATE CORPORATION By Its R.A. PUTNAM & ASSOCIATES, INC. By Its . • CITY OF MENDOTA HEIGHTS By Its Mayor Attest Its City Clerk .• AUG -29-91 T H U Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E 9:47 WINTHROP 2. WEINSTINE P. 11 LIST OF EXHIBITS Legal Description Project Submittal/Plan List of Wetlands Permits Council Resolution Diagram Depicting Project Ownership CITY OF MENDOTA HEIGHTS MEMO September 3, 1991 TO: Mayor, City Council and City Administrator. FROM: Guy Kullander, Parks Project Manager SUBJECT: Hagstrom-King Park DISCUSSION: Attempts by our park maintenance crew to establish turf in certain areas of this park have not been successful mainly due to a lack of suitable topsoil. Also several areas contained rough terrain and high berms which made mowing very difficult. These areas, including the park trail entrance off Watersedge Terrace have been cleared of brush and graded to more mowable slopes and are now ready for topsoil and sod. I have calculated that 350 cubic yards of black dirt and 600 square yards of sod are needed to provide suitable topsoil for establishment of turf. The sod will be used adjacent to the trail from Watersedge Terrace and for erosion control on steep slope areas by the play equipment and pond. Most areas will be topdressed with black dirt and seeded. The ballfield and non - used areas will receive no topdressing at this time, but will receive fertilization and aeration by our park maintenance personnel. I described this project to five firms. Three bids were received. They were as follows: Hamelwood Construction, Inc. $4,638.00 Kennealy Sand Company $5,578.50 J. & D. Enterprises. $6,138.00 Funding for this work would come from Referendum•Issue I funds allocated to Neighborhood Park Improvements. I discussed the time schedule with Mr. Mike Larson of Hamelwood Construction and he informs me he is ready to begin work on Wednesday or Thursday of this week. RECOMMENDATION: I recommend the City Council award the Hagstrom-King Park turf improvement contract to Hamelwood Construction, Inc. for the amount of $4,638.00. 1 ACTION REQUIRED: If Council desires to implement the recommendation, they should pass a motion awarding a purchase order to Hamelwood Construction, Inc. GK:mlk - ��P�UL R. McLAGAN & SON , }• 8�0 Soa?h Robert Street _, b � —��.MINNESGTA REGISTERED LAND. SURVEYORS West St. Paul,. Minn. 55�18 457-3845 � �� I for: MIKE & MARY PEASE dac�a� AUGUST 20, 1991 scale: 1 INCH = 30 FEET � � ._ � 7wo Parcels Existing as of 8/20/91 �` . � North Parcel . � That part of Lot 12, "Springer�s Sub." lying west of the west line of the east 19.00 feet of Lot 30, POSAVAD'S ADD. TO WEST ST. PAUL, according to the recorded plats ther�aof on file in the office of the County F,ecorder, Dakota County, Ptinnesota. , • . South Parcel '`' That part of Lots 29 and 30, POSAVAD'S ADU. TO WEST ST. PNUL lying �aest of the east 19.00� �'� feet of said lots according i:o the recorded plat thereof on file in the office of the +:� County Recorder, Dakota County, Minnesota. �� Propused Desc—riPt--ion of Total Property To • �, Be Com i�'ned Into One Tax Parcel ;.;, That part of l.ots 29 and 30, POSAVAD'S ADD. TO WEST"ST. PAUL lying west uf the easi 19.^v0 `:�. feet of said lots, together with that part of Lot 12, "Springer's Sub." lying west of the west line of the east 19.00 feet of said Lot 30 produced north, accordiny to the recorded plats thereof on file in the office of the County Recorder, Uakota County, Minnesota. �: � Square Footage of Total Parcel once combined .:............15,1Od sq.ft. ; ,. _ NOTE: This property was surveyed as,shown on 9/23/86 by the undersigned. Tiiis uiap repre- s,ents a Site Plan and Proposed Parcel Combination drawing prepared from that survey. ;�� B'oundary corners were not set at this time nor was any other field work performed. G_ .; s @ � W � 'Q ' =o � o Z� ,', O� '` : • '�� 0 ��9o`L 06 � a. a _ U IV89°21'30"E .._ 101.18.._ --. l ' e� "' �� Lot a � �oc'�� !"�y.�----� �`NGE�S i o a� gQ � s.o�^ � — — �_. yPi�. �o ��J ?:6.a�G--.Y6�--> M1 � 0 I.e \,+� _ � re, ya�' I i o oi � n�oQ m� g0.0} I0 �� N.47 � � }I� r----• \ e l 1__1s.33 _ j ��/ ` I - - - �e�- - -- - --- -- • a� 6°J�rQ QOc'PJPOS � Lot "- 100.50 ' "" N89°21'3U"E �J0 W --.-- — — -_%39.0-.--- — -- -,;� Q ' ( � �� � � I� �� -- — --- -- ---1J 0 = � � � � �� � � � � Z �1Ro-� 3 n i P�°� I hereby certify to lulike & Mary Pease and that this survey, _plan, or report was prepared by me or under my direct super- vision and that I am a duly Registered I.and Surveyor under the laws of,the StaC �,o�f M� nne �o1�ta.� . �n Date .Nu. iGo C O G�R: � Sep9t��n.b-� d� 3, 1�1.( �DaL'�G�1C?J 0�� a ��� ....._o-..': �. _t � s � s P � \ � Q 7� � a � � � ��'tt� 1�-�-� �; 1 �°�� � �,;_ � I� _�;�� y -- I��; _- I _o - I�' _ - I� -_ �I��,�= Ij�,, _ �" 'a - ��� P- - � II_ ,c j��' ��' � I` I -- « I, _ I �' �� I I � �� I F I � ,�'.�� _- Oo ,�i� '�.� -;�' - �e�. � c. 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