1991-07-16 (2)CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AGENDA
JULY 16, 1991 - 7:30 P.M.
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approval of the July 2nd Council Minutes
5. Consent Calendar
a. Acknowledgment of the July 9th Parks and Recreation
Commission Minutes
b. Acknowledgment of the June Treasurer's Report
c. Acknowledgment of the June Fire Department Report
d. Acknowledgment of Donation from V.F.W.
e. Approval of St. Peter's Beer License Request
f. Approval of a Modified CAO to allow construction of a deck
addition - Lundgren - CAO NO. 91-01
g. Approval to Purchase Fire Gear
h. Adopt RESOLUTION NO. 91-36 - Approving Final Payment for
Bridgeview Shores 2nd Addition - Improvement No. 90
Project No. 1
* i. Adopt RESOLUTION NO. 91-38 - Initiate Special Assessment
Procedures for Bridgeview Shores 2nd Addition
j. Approval of the List of Contractors
k. Approval of the List of Claims
** 1. Announcement of Household Hazardous Waste Cleanup
End of Consent Calendar
6. Public Comments
7. Hearina
* a. CASE NO. 90-35:
** 8:00 **
b. CASE NO. 91-15:
** 8:15 ** '
Duggan - Wetlands Permit for Fence
Marvin Anderson Construction -
Bridgeview Shores 2nd Addition -
Wetlands Permit
C. ORDINANCE NO. 276: Zoning Ordinance Recodification
** 8:30 **
8. Unfinished and New Business
a. Dodd Road/T.H. 110 Feasibility Study Update -
RESOLUTION NO. 91-39
b. Mendota Heights Road Plans and Specs Approval -
Improvement No. 91 Project No. 4 - RESOLUTION 91-40
c. Discussion of Cat Control Ordinance
d. Discussion of 1992 Draft City Budget Process
9. Council Comments
10. Adjourn
CITY OF MENDOTA HEIGHTS
MEMO
July 16, 1991
TO: Mayor and City Council
FROM: Tom Lawell, City Administoyr`�
SUBJECT: Add on Agenda for July 16th Council Meeting
Additional information is being submitted for two items already
scheduled on the agenda, items 5i and 7a (*). One additional
item has been added to the consent calendar, item 51 (**).
3. Agenda Adoption
It is recommended that Council adopt the agenda printed on
pink paper.
5i. Bridgeview Shores Assessments
See attached memo.
51. Announcement of Household Hazardous Waste Cleanup
See attached memo and letter.
7a. Duggan's Permit
See attached letters.
MTL:mlk
leo M L
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AGENDA
JULY 16, 1991 - 7:30 P.M.
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approval of the July 2nd Council Minutes
5. Consent Calendar
a. Acknowledgment of the July 9th Parks and Recreation
Commission Minutes
b. Acknowledgment of the June Treasurer's Report
c. Acknowledgment of the June Fire Department Report
d. Acknowledgment of Donation from V.F.W.
e. Approval of St. Peter's Beer License Request
f. Approval of a Modified CAO to allow construction of a deck
addition - Lundgren - CAO NO. 91-01
g. Approval to Purchase Fire Gear
h. Adopt RESOLUTION NO. 91-36 - Approving Final Payment for
Bridgeview Shores 2nd Addition - Improvement No. 90
Project No. 1
i. Adopt RESOLUTION NO. 91-38 - Initiate Special Assessment
Procedures for Bridgeview Shores 2nd Additiop
j. Approval of the List of Contractors �
k. Approval of the List of Claims
End of Consent Calendar
6. Public Comments
7. Hearing
a. CASE NO. 90-35: Duggan -.Wetlands Permit for Fence
** 8:00 **
b. CASE NO. 91-15: Marvin Anderson Construction -
** 8:15 ** Bridgeview Shores 2nd Addition -
Wetlands Permit
c. ORDINANCE NO. 276: Zoning Ordinance Recodification
** 8:30 **
8. Unfinished and New Business
a. Dodd Road/T.H. 110 Feasibility Study Update -
RESOLUTION NO. 91-39
b. Mendota Heights Road Plans and Specs Approval -
Improvement No. 91 Project No. 4 - RESOLUTION 91-40
c. Discussion of Cat Control Ordinance
d. Discussion of 1992 Draft City Budget Process
9. council Comments
10. Adjourn
t t
Page No. 3042
July 2, 1991
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, July 2, 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, Cummins, Koch and Smith.
AGENDA ADOPTION Councilmember Blesener moved adoption of the
revised agenda for the meeting, revised to
move items 5d, e, h and i from the consent
calendar to the regular agenda.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Koch moved approval of the,
=.x minutes of the June 18, 1991 regular meeting.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR Councilmember Blesener moved approval of the
consent calendar for the meeting along with
authorization for execution of any necessary
documents contained therein.
a. 'Acknowledgment of the Code Enforcement•.
`mon9-11JL eport for June.
b. Acknowledgment of the Fire Department`
monthly report for May.
pAcknowledginent' of° the draft minutes of the
June 25th Planning Commission meeting.
T ~ d. •44!i'Approval • of -a wetlands permit for the
f'. • 'n� , Charles= Cudd Company to allow construction
: of : a� single . family home within 84 feet of
°14'�Warrior-3Pond at` ;•1875 Warrior Drive. (Case
No. 91-21)
e. Approval of a wetlands permit for Mr. John
Nygaard to allow construction of_a deck
_ : addition at" 766 Marie -.Avenue .to.within.
Page No. 3043
July 2, 1991
forty-eight feet of Spring Creek. (Case
No. 91-22)
f. Approval of the list of contractors dated
July 2, 1991 and attached hereto.
xx
g. Approval of the list of claims dated July
2, 1991 and totalling $247,463.34.
h. Approval of the temporary assignment of
Maria Karels to the classification of
Secretary, Step C, at an hourly rate of
$11.15 effective July 1, 1991 and
continuing until Kim Blaeser returns from
maternity leave, and approval of the
temporary part-time appointment of Jackie
O'Donnell as receptionist, Step A, at the
hourly rate of $8.30 effective July 1,
1991 on an as needed basis as determined
by the City Administrator.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
WETLANDS POLICY Council acknowledged and discussed a memo from
Administrative Assistant Batchelder regarding
the public hearing policy_ for wetlands
permits.
Councilmember Koch moved to acknowledge
receipt of the wetlands hearing policy and to
modify the policy to stipulate that waiver of
hearing may occur if the applicant has
submitted the written consent of the
adjoining, immediate property owners at the
time of application.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
TREE PLANTING PROGRAM Council acknowledged and discussed a
tabulation of bids received for the 1991 tree
planting program.
Councilmember Blesener moved to award a
purchase order to Southview Landscaping for
their low bid of $13,625.00.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
Page No. 3044
July 2, 1991
CASE NO. 91-19, Mayor Mertensotto stated that he asked that
SEYMOUR this matter be removed from the consent
calendar because he does not feel that
variances should be included under consent
since Vublic comments are not heard on consent
calendar matters.
Councilmember Cummins moved to approve a five
yard setback variance at 1080 Bwana Court to
allow construction of a screened porch on an
existing deck.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
MULVIHILL PROPERTY Council acknowledged and discussed a memo
PURCHASE from Treasurer Shaughnessy regarding purchase
of the Mulvihill family property on T.H. 55.
Councilmember Cummins moved to accept the
offer from the Mulvihill family for the
purchase of•their property for $54,000 plus
the cost of abstract updating, and to
authorize entering into a purchase agreement
on that basis.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
FIRE DEPARTMENT Assistant Fire Chief Lerbs was present to
APPOINTMENTS introduce three candidates for appointment to
the Volunteer Fire Department. He explained
that there are currently two vacancies on the
Department and that a third will probably
occur in•mid August.
`
-Assistant Chief Lerbs introduced Scott Henning
and Gerald Nelson, Jr., -and recommended that
they be given probationary appointment
effective immediately: °-He then introduced
Kenneth Weisenburger.' He explained that Mr.,.
.17'Weisenburger is-a•past member of the
department who had taken a two year leave of
absence.- Mr. Weisenburger would be on reserve
for'appointment when the next department
vacancy occurs.
'Councilmember Blesener•moved to appoint Scott
Henning and -Gerald Nelson, Jr. to one year
Page No. 3045
July 2, 1991
probationary periods as volunteer firefighters
effective immediately.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
. y
HEARING - CASE NO. Mayor Mertensotto opened the meeting for the
91-18, DIVINE purpose of a public hearing on an application
from Ms. Diana Divine for minor conditional
use permit to allow installation of a 48" high
black vinyl fence within the thirty foot front
yard of her corner lot at 1391 Cherry Hill
Road.
Mayor Mertensotto pointed out that the allowed
fence height in front yards is 30". He stated
that he is not in favor of black vinyl
fencing.
Councilmember Blesener stated that there is a
case in this area to have a fence to protect a
yard as well as to contain children. She
pointed out that there is at least one other
fence in the front yard in the area, a six
foot fence on Wachtler.
Councilmember Smith stated that it appears
that the fence would go beyond the drainage
and utility easement. She asked whether this
would present a problem in the future. Public
Works Director Danielson responded that it is
typical to put fences within the easement
areas of back yards.
Councilmember Smith informed Ms. Divine that
it must be understood that if the application
is approved and if the easement must be
maintained in the future, the fence will need
to be removed.
Mr. Dave Hathaway, 1418 Farmdale Road, stated
that his property is directly behind the
applicant's and that he objects to the fence.'
He felt that the proposed type of fence is out
of character with the neighborhood and that a
wood fence would enhance the property.
Councilmember Cummins asked if there is a
significant amount of chain link fencing in
the area. Ms. Divine responded that there is
a chain link fence at Wachtler and Wentworth
and there is also a wood fence.
Page No. 3046
July 2, 1991
Mayor Mertensotto stated that he is concerned
about the four foot height for a fence along
the public right-of-way.
Councilmember Blesener stated that the wood
fence -on Wachtler generated much objection.
She pointed out that the applicant has the
right to install the fence without conditional
use permit or variance at the 30 foot setback.
She -pointed out that all the applicant is
asking is to put it closer to Wachtler to give
he more back yard space. She pointed out that
the area is only considered a front yard
because it fronts on a street - the area would
be considered the back yard if it were not a
corner lot.
Councilmember Cummins stated that he is not
enamored of chain link fencing if there are
other alternatives available but that he is
sympathetic with those who live on corner lots
and have difficulty putting up fencing. He
felt that as long as the fence could be
installed at the setback he did not see
anything wrong with putting it where it the
applicant requests it, since it is really a
back yard.
Ms. Divine stated that she has explored wooden
fences but the neighbors did not like the idea
of a wood fence because noise bounces off of
them. She informed Council that the ditch
along Wachtler always fills with water and she
wants to protect her children from that
hazard, from traffic, and from roaming dogs.
She explained that there is a real dog problem
in the neighborhood and one of her children is
extremely frightened of dogs. She informed
Council that her neighbor would like to extend
the fence along his property if it is
approved.
Mrs. Hathaway stated that she never heard any
mention of the fence even though her home is
behind the Divines'. She stated that she is
concerned about her property value and that
the proposed fence has a very industrial look.
She further stated that she does not feel Ms.
Divine should not have a fence, but that she
should not install the type proposed. Ms.
Divine responded that the Hathaways' dogs have
created part of the need for the fence.
Mayor Mertensotto pointed out that the Mn/DOT
letter indicates that if the City needs the
property for public purposes, it could buy the
land from Mn/DOT and acquire the underlying
fee, but that the City has no idea of what the
appraised value will be.
Councilmember Smith asked if the City has the
first right to the property after the
appraisal. Mayor Mertensotto that the City
would first claim on the property if there is
a public purpose but would have to purchase
the underlying fee from Mr. Birch.
Councilmember Cummins stated that he is hard-
. -'pressed to see the City purporting that there
is a fair future purpose which the City might
Page No. 3047
July 2, 1991
There being no further questions or comments,
Councilmember Cummins moved that the hearing
be closed.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
x .
Councilmember Cummins moved to approve a minor
conditional permit for installation of the
fence at 1391 Cherry Hill Road as proposed in
the application and site plan on the basis
that if the applicant did not live on a corner
lot she could construct the fence without
variance or conditional use permit.
Councilmember Blesener seconded to the motion.
Ayes: 4
Nays: 1 Mertensotto
Mayor Mertensotto stated that he voted against
the motion because he objects to the height
and the black vinyl material.
DODD/T.H. 110
Council acknowledged and discussed the
FEASIBILITY STUDY
feasibility study update for Dodd Road/T.H.
110 intersection improvements. Council also
acknowledged a letter from Mn/DOT regarding
the status of impending reconveyance of Mn/DOT
highway easement to Brian Birch. Public Works
Director Danielson stated that a plan has been
approved by the Mn/DOT District 9 office and
that the next step is to get approval from the
central office. As part of that process, the
City must put together a funding package to
see how much financing Mn/DOT will contribute.
A resolution requesting Mn/DOT participation
is necessary in order to proceed, however
adoption of the resolution would not bind the
City to doing the project.
Mayor Mertensotto pointed out that the Mn/DOT
letter indicates that if the City needs the
property for public purposes, it could buy the
land from Mn/DOT and acquire the underlying
fee, but that the City has no idea of what the
appraised value will be.
Councilmember Smith asked if the City has the
first right to the property after the
appraisal. Mayor Mertensotto that the City
would first claim on the property if there is
a public purpose but would have to purchase
the underlying fee from Mr. Birch.
Councilmember Cummins stated that he is hard-
. -'pressed to see the City purporting that there
is a fair future purpose which the City might
Page No. 3048
July 2, 1991
want to entertain when Mn/DOT has no interest
in the land and the underlying owner does.
Councilmember Blesener stated that Council has
not seen the plans for the intersection yet.
She further stated that she has long been
opposed to releasing the right-of-way and that
it would be very short sighted to give up any
option for improving the intersection. She
did•hot feel that Mn/DOT should be informed at
this time that Council is endorsing any plan.
Planning Commissioner Dan Tilsen stated that
the City has not identified that there is not
a future need for the property and that he
would hesitate to give the land up. He felt
that Council should do whatever possible to
encourage Mn/DOT to hold the land, which could
possibly be used for open space, a park and
ride lot or.other transportation uses.
Mayor Mertensotto stated that he is concerned
that there may be an eventual need to relocate
the intersection.
Councilmember Cummins moved to table the
matter to the next meeting and direct staff to
provide Council with the proposed plans for
the T.H. 110/149 intersection.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
Councilmember Blesener stated that she would
like to see the early versions of the design
for the intersection which were done as part
of the downtown study as well as the current
plan.
CASE NO.•91-17, OWENS Dr. and Mrs. Ted Owens were present to request
approval of a lot division to allow them to
sell 37.5 acres of their 40 acre property at
2455 Delaware Avenue. The Owens' would retain
their 2.5*acre homesite if the division is
approved.
Mayor Mertensotto stated that the Zoning
Ordinance requires that any time there is a
land split, the resulting parcel must be a
minimum of 5 acres. He felt that the
applicants should be given the authority to
sell the 37.5 acre parcel on the conditions
that the Owens lot be platted as Outlot A when
the large parcel is platted, that the'land
always be used for single family residential
Page No. 3049
July 2, 1991
purposes, and that all of the assessments
against the 40 acres be transferred to the
37.5 acre parcel.
Councilmember Blesener pointed out that future
access -to the 2.5 acre parcel from the 37.5
acre future development has not been
discussed. She stated that the owners of the
outlot might request further subdivision in
the future and felt that access (a stub
street) should be provided to the outlot from
the northwest or south to the outlot as the
surrounding property is developed. Dr. Owens
responded that the developer plans to stub in
sewer and water from the north.
Council asked Dr. Owens to talk to the buyer
of the larger parcel about extending either
the northerly or westerly cul-de-sac to the
outlot for public street access to the parcel.
It was also noted that Council is considering
the application, without requiring variances,
because it is a part of the southeast area
plan and therefore special circumstances
exist.
Councilmember Smith asked if there is any
hurry to get the division done now rather than
including all of the parcel within the plat.
Dr. Owens responded that he has been trying to
do this since the 1970's, exactly as it is
currently proposed and that he has no
involvement with the developer except that
they have an agreement whereby utilities will
be stubbed to the 2.5 acre parcel.
Councilmember Blesener moved, as part of the
southeast area development plan, adoption of
Resolution No. 91-37, "A RESOLUTION APPROVING
A LOT;DIVISION FOR 2455 DELAWARE AVENUE," to
allow for the sale of 37.5 acres of the Owens
property on the conditions that the Owens
property be platted as Outlot.A at the time "
the developer plats the 37.5 acre parcel, that
all of the assessments against the 40 acre
parcel be transferred to the 37.5 acre parcel
and no assessments remain against Outlot A,
and that the property will always be used for
single family purposes.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0 f .
Page No. 3050
July 2, 1991
CASE NO. 91-20, Council acknowledged an application from
HELLER (SUBWAY) Kurt Heller, owner of Subway Sandwiches, for a
variance to allow a temporary plastic
advertising banner.
x
Mayor Mertensotto stated that he has concern
over the request. He felt that Subway is no
different from any other merchant in the Plaza
and if the application is approved Council
might be faced with wholesale requests for
banners.
Councilmember Blesener stated that she feels
Council should give Subway some freedom to do
what they think needs to be done to draw
business. Councilmember Cummins point out
that the other merchants have access to
signage at the center but because of the
Center's agreement with McDonalds, no
competing restaurant can advertise on the
shopping center's pylon sign, which is located
on the McDonalds' property. In this sense,
Subway is different from the other stores and
Council should recognize that as a hardship.
Councilmember Blesener stated that Council
should acknowledge the marketing problems in
the center and should rely on Subway's
management's judgment. She also -felt that it
is an administrative burden to require them to
come back in three months for renewal and
Council should allow the banner for a year to
see how it is working.
Councilmember Cummins felt that it would be
appropriate to grant 3 -month approval and then
grant extensions, unless Council finds the
banners objectionable, until such time as a
permanent shopping center sign is installed.
Council would then only have to grant a three
month approval and could give automatic
renewals if there are no objections to the
banners.
Mayor Mertensotto agreed that a three month
temporary variance could be granted and then
after the three month period could consider
renewal for another three months for good
cause without requiring submission of a new
variance application.
Page No. 3051
July 2, 1991
Councilmember Cummins moved to grant a
variance to allow a temporary 30 square foot
banner sign for three months for Subway.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0 XX
Staff was directed to bring future extension
requests, and associated recommendations,
directly to Council on the consent calendar.
AIRPORT NOISE Council acknowledged the draft Interactive
Planning Group Report, an update from the City
Administrator on pending air noise issues, a
copy of M.S. Chapter 350 relating to bonding
for Northwest Airlines, and a letter from
Senator William Belanger.
Mayor Mertensotto referred to a letter from
Nigel Finney regarding the proposed corridor
test. He stated that Mr. Finney has recently
informed him that final information on the
test application was sent by the local FAA to
Chicago on June 27th and that the local FAA
anticipates approval within the next two
weeks.
Councilmember Cummins suggested that copies of
the City's resolution calling for inclusion of
aircraft noise abatement measures as part of
the state's financial assistance package to
Northwest Airlines be submitted to all of the
MAC members individually to insure that the
City's interest that they be made aware of the
noise problems. He stated that MSP has more
noisy Northwest stage 2 aircraft than all but
two or three airports in New York.
Administrator Lawell stated that he and Mayor
Mertensotto are meeting with representatives
of.the St. Paul Pioneer Press on July 3rd to
discuss air noise issues.
With respect to the interactive planning group
draft report, Mayor Mertensotto stated that
Chair Rockenstein will put together the final
group report and the City has been asked to
submit the impacts on Mendota Heights and
mitigation. He felt that the number of homes
projected for potential buy-out should include
all of the homes in the immediate proximity,
which potentially includes another 75 to 100
homes. He stated that the draft should also
use most recent information on average values.
The draft could also stated that the added
Page No. 3052
July 2, 1991
number could depend on what the residents
want. He further stated that another factor
is turning radius being a direct factor as to
the shape of the noise cone.
CENTEX Council acknowledged a report from Public
Works Director Danielson and Administrative
Assistant Batchelder with respect to
consideration of a proposed Centex settlement
plan.
Administrator Lawell stated that the trial
date has been set for July 8th and that in
closed sessions Council has refined and set
measurable criteria and indicated that if the
developer agrees to them Council will consider
the proposed settlement plan for the land area
south of Mendota Heights Road. Council
reviewed the proposed development as compared
to the plan denied in August, 1990. He stated
that in addition to other criteria, the City
is requesting that there be a quality
assurance plan relative to quality of
construction.
Mayor Mertensotto stated that the developer
has met the criteria established and has asked
that the plan be submitted for Planning
Commission hearing. He asked that Council
direct the Commission to hold the hearing at
their July 23rd regular meeting and that they
be charged with submitting a recommendation
and comments to the Council on August 6th. He
stated that the trial has been set for July
8th and has been held in abeyance to see if
settlement can be reached. Also, an
application fee was paid in 1990, and the
applicant has asked for waiver of fee.
Because of the interest that has grown over
the development of the property, staff has
recommended that an open meeting be held at
City Hall on July 18th at 7:30 so that
interested residents can ask questions and
review the proposed development plan with
staff on an informal basis.
Councilmember Blesener suggested that the
criteria for parks be clarified to define what
was agreed would be accommodated in the
neighborhood park, and that there should be a
trail link between the north and south park
areas. She.,stated that a soccer practice
field of a certain dimension should be
identified.
Ayes: 5
Nays: 0
Page No. 3053
July 2, 1991
Councilmember Smith stated that she is not
convinced a ballfield is -needed in every park
in the City and that she wou d be in favor of
having a more passive park. SNSiR� 04kw-"t'�
Mayor Mertensotto stated that the land
adjacent to Mendota Heights Road slopes off
and that the developer should be made aware
that the Council will require the developer to
balance the available quantities of fill on
the land to be developed such that both the
north and south park become useable without
the City having to purchase additional Fill.
With respect to the second criteria in the
memo, Councilmember Blesener asked whether
Council wants to suggest that only single
family residential be allowed to the east of
the power line.
It was noted that Council Dr. Owens has agreed
to discuss with the developer the extension of
either the north or west cul-de-sac to the
Owens property for future subdivision of the
parcel.
Councilmember Cummins moved to authorize that
the development plan and criteria established
by Council be submitted to the Planning
Commission, that the Commission be requested
to hold a public hearing, with two published
notices, on July 25th, that the Commission be
directed to refer the matter and associated
comments and recommendations back to Council
for public hearing on August 6th, and that the
application fee be waived for the proposed
development plan.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
COUNCIL COMMENTS Councilmember Smith stated that the grading
being done in the Hagstrom King Park appears
to have cut off the trench between two ponds.
Staff was directed to look into the matter.
Mayor Mertensotto informed Council of a
meeting he and the Administrator had with Mr.
Virgil McQuay.
Councilmember Cummins discussed the recent
Citizens League property tax survey which
s
Page No. 3054
July 2, 1991
reports the City in the 90th position and West
St. Paul as the lowest tax rate. He reported
that in actuality Mendota Heights continues to
have the lowest tax rate of the 95 communities
in the survey but that the City's placement on
the sdrvey was based on information on sales
ratios the Citizens League received from the
Dakota County Assessor's office which the City
Treasurer has indicated are incorrect..
Mayor Mertensotto informed the Council that
the City of West St. Paul has expressed
interest in operating emergency services.
ADJOURN There being no further business to come before
the Council, Councilmember Koch moved that the
meeting be adjourned at 10:50 P.M..
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: o'clock P.M.
Kathleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
July 2, 1991
Masonry Licenses
Concrete Design Specialties, Inc.
D & S Cement Company
Excavating Licenses
Gallati Excavating, Inc.
Jacobsen Excavating & Trucking, Inc.
Gas Piping License
PremAir Heating
General Licenses
Colonial Homes, LTD
Dun -Rite Roofing, Etc.
Eagan Pool & Spa
Equipment Supply, Inc.
Koppen, Mel-Stucco.Co.
Midwest Builders
Olson, Mark D. -Quality Construction
Shapes & Surfaces, Inc.
Superior Siding
Valley Pools, Inc.
Heating & Air Conditioning Licenses
Brian's heating & A/C
PremAir Heating
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PARKS AND RECREATION COMMISSION
JULY 9, 1991
.K
The regular meeting of the Mendota Heights Parks and Recreation
Commission was held on Tuesday, July 9, 1991, in the City Hall
Conference Room, 1101 Victoria Curve. Chair John Huber called the
meeting to order at 7:00 o'clock p.m. The following members were
present: Huber, Damberg, Lundeen, Hunter, Kleinglass and Katz.
Spicer was excused. Staff members present were Parks Project
Manager Guy Kullander and Administrative Assistant Kevin
Batchelder.
APPROVAL OF MINUTES
Commissioner Damberg moved to approve the minutes
of the June 11, 1991 Parks and Recreation
Commission meeting. Commissioner Kleinglass
seconded the motion.
AYES: 6
NAYS: 0
SYLVANDALE STORM WATER PROJECT
Chair John Huber requested a report from staff on
the Sylvandale Storm Water Project. Administrative
Assistant Kevin Batchelder stated that the City
Council had approved a storm water project that
rerouted the flow of storm water through Ivy Hills
Park. Batchelder stated that this project does not
impact the park or the pond at all. Batchelder
stated that there was a potential in the future for
another phase of storm water construction that
would impact the pond. Parks Project Manager Guy
Kullander explained the general nature of the storm
drainage and pond expansion should that storm water
project occur.
VERBAL UPDATES
Batchelder stated that minor improvements had been
undertaken by the Parks crews in Hagstrom-King Park
and Victoria Highlands Park. He stated that
grading and leveling had occurred at the basketball
court in Hagstrom King Park. He stated that top
dressing and leveling, as well as reseeding would
occur in both parks and that the Parks crews were
following a schedule to complete the maintenance
items necessary.
Batchelder explained that the Adopt -A -Park program
had been contacted by four more applicants and that
Dr. Hunter, of Centre One Dental,; had adopted Marie
Park and that Jim Dzik, of Mendota -Heights
Taxidermy had adopted Victoria Highlands Park.
Batchelder stated that signs had been ordered and
the applicants were meeting with staff to go over
the agreements and safety precautions.
Kullander explained the progress of construction at
Mendakota Park. Kullander stated that the roofing
is being done, and that most of the carpentry work
is complete. He stated the railings would be
installed -soon. Kullander anticipated an August
1st completion date for the buildings and that the
seeding would be done according to contract
specifications. Kullander stated the ideal time to
apply new seed is late August and early September.
Kullander stated the irrigation was partially
installed and landscaping would be installed in
September or October. Kullander explained that the
play equipment construction would begin next week.
Batchelder stated that the City had been contacted
by the Fire Department about leasing the
concessions area at Mendakota Park. Kullander
stated he had contacted Mr. and Mrs. Will, the
original vendor proposers, and they had indicated
they were still interested in participating in the
City's Request for Proposals on leasing the
Mendakota Concessions.
Batchelder stated that all property owners had been
identified in the Mayfield Heights, James Road and
Douglas`Road area and would be receiving notices if
they are adjacent to any possible trail connections
or easements. Batchelder stated that the property
owners for the different trail alternatives would
be contacted a group at a time by letter inquiring
if they would be interested in participating in
providing -,trail easements. :
Batchelder stated the City would be applying for a
grant from the DNR for a tree planting program=if
Mendota Heights meets the criteria for the Tree
City Program.
KENSINGTON PUD - PARK DEDICATION
Chair Huber introduced the Centex proposed
settlement plan that was a result of the
negotiations between the developers of Kensington
and the City Council following the lawsuit over the
denied rezoning. Batchelder described the plan and
explained the criteria that City Council had
established in order for a- plan to be acceptable.
_ Batchelder stated -that the criteria established for
the parks *was a dedication where the minimum
acreage requirement was usable land. Batchelder
stated the minimum requirement in this case was
approximately 11.3 acres and that 13.4 acres of
usable land was provided.
Batchelder stated that another criteria was an area
to serve as•a neighborhood park along Mendota
Heights Road. He stated this neighborhood park
area should include the existing comfort station
and be large enough to site a tot lot, practice
soccer field and other amenities. Batchelder
stated other criteria included a trail link from
the north park area to the south park area and that
the south park area needed to be of sufficient size
to site one 360' by 240' soccer field and one 360'
by 3001soccer field , a parking lot and an area for
play equipment and amenities with a trail link to
Delaware Avenue from the soccer area. Batchelder
stated the developer would be required to balance
the soils in the park areas.
Batchelder stated that the City Council had
accepted the plan and ordered public hearings to
consider the more formal plans required for
rezoning at the July 23, 1991 Planning Commission
meeting' and the August 6, 1991 City Council
meeting. He stated that tonight the Parks and
Recreation Commission had a chance to review the
proposed dedication for comments and -that should
the settlement be, achieved the specific design
elements would be handled at future Parks and
Recreation Commission meetings for recommendation
to City Council.
Chair Huber stated that he had been contacted about
the design of the northern neighborhood park area
and had received input that this should not be
developed with a field, that it.should remain open
park area, that it. would be nice to have a park
without a field in it. .* ' Commissioner Damberg stated
that this would need to be discussed during the
design phase. Chair Huber stated he was concerned
about the active soccer field under the power line,
that this has never been done before. Chair Hube4
stated that in this respect the park dedication is
worse than all earlier proposals.
Commissioner Damberg stated it appeared to her to
be the same old story of getting the undesirable
land for development as the park dedication. Chair
Huber stated that depending on the height of the
power lines soccer' -balls could be kicked into the
line, thus interfering with play. Chair Huber
stated that interference with play was a serious
concern. Commissioner -Damberg stated she was
t*
further concerned with the health effects of
Electro -Magnetic fields with power lines.
Commissioner Katz agreed and stated that EMF
concerns should be considered in relationship to
active soccer fields.
_ r
Commissione-k•Hunter stated the Parks and Recreation
Commission should state its concerns about power
lines and active fields and let the Planning
Commission and City Council decide land use issues.
Kullander suggested the trail links from the soccer
fields connect with Delaware Avenue and Mendota
Heights Road. The Commission agreed.
Commissioner Damberg stated that she was upset that
once again the Commission was being put in the
position of accepting a dedication without any
choice of its location or parameters. Commissioner
Katz stated that she agreed and that she fully
expected the Parks and Recreation Commission to
have control of the recommendations during the
design phase of this park dedication. Commissioner
Katz stated that the northern area in particular
needs to be considered for the proper use, as the
southern area is mostly earmarked for soccer.
Chair Huber instructed staff to make sure the Sting
and Mend -Eagan Soccer groups' were aware of the
configurations and layout for the soccer area so
they could participate in the -public hearings.
Kullander discussed irrigation and buildings.
ROLE OF THE PARKS AND RECREATION COMMISSION
Batchelder submitted a summary of the Role of the
Parks and Recreation Commission. The Commission
decided to make "To provide leadership, study and
recommendations to the City Council" the number one
role and drop "To develop the City's recreation
program" to the second priority.
Commissioner Katz moved to approve the summary of
the Role of the Parks and Recreation Commission as
revised and submit it to City Council for approval .
Commissioner Lundeen seconded the motion.
AYES: 6
NAYS: 0
ADJOURN
There being no further business the Parks and
Recreation Commission adjourned at 8:10 p.m.
Respectfully submitted, Kevin Batchelder
CITY OF MENDOTA HEIGHTS
TREASURER'S REPORT, JUNE, 199
c
BALANCE COLLATERAL
DAKOTA COUNTY STATE BANK
Checking Account 4.85% $ 8,244.77
Savings Account 4.75% 528.98
C.D. Rep. 5.25%
$ 8,773.75
Collateral - Bonds $592,581.00
Gov't. Guar. $100,000.00
CHEROKEE STATE BANK
C.D. due 8/13/91 @ 5.75% $350,000.00
Savings Cert. 8/28/91 @ 6.0% 13,952.59
$363,952.59
Collateral - Bonds $800,000.00
Gov't. Guar. $100,000.00
U.S. Treasury 8 5/8%
5-15-93 Notes
GNMA Mtg. Pool 9%
U.S. Treasury Money Mkt
Gov't. Securities Fund
TOTAL FUNDS AVAILABLE:
Funds Available 12/31/90
6/30/90
Rates
$498,671.88
$274,236.13
$1,679,287.55
$1,200,000..00
$4,024,921.90
$6,192,720.44
$3,485,469.00
June 30
Money
Bank
Fid
Escrow Funds (American National Bank) 5-30-91
City Hall Buildings $ 26,047.16
Railroad Crossing 164,604.83
TOTAL $190,651.99
LES:kkb
$692,581.00
$900,000.00
Value 6-30-91 (est.)
(2,210,000.00)
(1,840,000..00)
Market
5.25%
5.74%
MENDOTA HEIGHTS FIRE DEPARTMENT
JUNE 1991 MONTHLY REPORT
FIRE CALLS NO. 91107 - 91124
FIRE ALARMS DISPATCHED:
NUMBER
ACTUAL FIRES
LAST YEAR
Structure - MH Commercial
275.5
Structure - MH Residential
2
Structure - Contract Areas
60
Vehicle - MH
1
Vehicle - Contract Areas
92
Grass/Brush/No Value MH
501.5
Grass/Brush/No Value Contract
23
MEDICAL
570
Assist
3
Extrication
198
HAZARDOUS SITUATION
42
Spills/Leaks
775
Arcing/Shorting
90.5
Chemical
434.5
Power Line Down
586
FALSE ALARM
5300.5
Residential Malfunction
4
Commercial Malfunction
4
Unintentional - Commercial
Unintentional - Residential
Criminal
1
"OODINTENT
Smoke Scare
2
Steam Mistaken for Smoke
Other
1
MUTUAL AID
TOTAL CALLS 18
LOCATION OF FIRE ALARMS: TO DATE
MENDOTA HEIGHTS 17 97
MENDOTA 0 2
SUNFISH LAKE 0 7
LILYDALE 1 16
OTHER 2
TOTAL 18 124
NUMBER OF CALLS: 18
STRUCTURE CONTENTS MISC. TOTALS TO DATE
$0
$4,000 $50 $10,750
$100
$10,000 $15,000
$1,000
TOTAL MONTHLY FIRE LOSSES
$4,000 $50 $10,000
ALL FIRES, ALL AREAS (MONTH) $14,050 $26,850
MEND. HTS. ONLY STRUCT/CONTENTS $10,250
MEND. HTS. ONLY MISCELLANEOUS $15,500
MEND. HTS. TOTAL LOSS TO DATE $25,750
BILLING FOR SERVICES
97
10
8
WORK PERFORMED
HOURS
TO DATE
LAST YEAR
FIRE CALLS
275.5
2134
2454
MEETINGS
60
335.5
367.5
DRILLS
92
639
501.5
WEEKLY CLEAN-UP
23
165
570
SPECIAL ACTIVITY
3
1091.5
198
ADMINISTATIVE
42
612
775
c:'RE MARSHAL
90.5
529
434.5
TOTALS
586
5506
5300.5
AGENCY THIS MONTH TO DATE
MN/DOT $0
MILW. RR $0
CNR RR $0
OTHERS:
$0
TOTALS: $0 $0
FIRE MARSHAL'S TIME FOR MONTH
INSPECTIONS f 30.5 ^
INVESTIGATIONS 3
RE -INSPECTION
MEETINGS
ADMINISTRATION
SPECIAL PROJECTS
TOTAL
12.5
11
31.5
2
90.5
REMARKS: SEE OTHER SIDE FOR SYNOPSIS
1
FIRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR JUNE 1991
CALLS FOR MONTH
FIRE
FIRE
FIRE
PERCENT
CLEAN
MONTHLY
GEN OFFICER
SQUAD
ROOKIE SPECIAL
18
CALLS
CALL
CALLS
ATTENDED
UP
DRILL
MTG MTG
DRILL
DRILL ACT.
YEAR TO DATE
ATT'D
HOURS
ATT'D
THIS
1
2
2 2
2
ADM
124
MONTH
MONTH
YEAR
YEAR
HOURS
HOURS
HRS. HOURS
HOURS
HOURS HOURS HRS
CHIEF John Maczko
6
6
63
51%
2
2
2
ASST. Bill Lerbs
10
10
70
56%
2
2
2
4
42
CAPT. Keith Stein
13
13.5
84
68%
1
2
2
2
2
Paul Dreelan
9
9
68
55%
1
2
2
2
Mike Coonan
7
7
39
31%
2
Gordy Skierven
9
9
75
60%
1
2
2
2
Ed Adrian
10
10
78
63%
1
2
2
2
Jim Perron
6
6
52
42%
1
2
2
2
Mike Marscullio
0
0'/°
Tom Shields
8
8
76
61%
2
CAPT.Jamie Lerbs
11
11.5
70
56%
2
2
Bill Chisler
4
4.5
38
31%
1
2
2
3
Marc Connolly
8
8.5
51
41%
2
Dick Zwirn
6
6
63
51%
2
Geor a Lowe
13
13.5
93
75%
1
4
2
2
2
Randy McNamara
4
4
34
27%
2
Mike Johns
3
21/6
David Dreelan
14
14.5
88
71%
1
2
2
2
0
0%
CAPT. Jeff Stenhaual
5
5
47
38%
1
2
2
2
Leroy Noack
8
8
94
76%
1
2
2
Geor a Noack Jr.
8
8
42
34%
1
2
2
Tom Olund
3
3.5
25
20%
1
2
Mike Maczko
12
12
71
57%
1
2
2
2
Aaron Coates
11
11
65
52%
2
2
2
Walt Klarkowski
4
4
40
32%
1
2
2
Mark Kaufman
13
13.5
65
5206
1
2
2
0
0%
CAPT. Jim Kilburg
8
8
72
58%
2
2
2
Tom Weinzettel
6
6
39
31%
1
4
2
2
John Neska
8
8.5
59
48%
11
2
2
2
Ted Husnik
8
8
43
35%
1
2
2
John La akko
15
15.5
83
67%
2
2
2
4
Kevin Perron
7
7.5
38
31%
1
2
2
2
Tim Oster
7
7
52
4%
1
2
2
2
Roy Kingsley
9
9
56
45%
1
2
2
2
TOTAL FOR MONTH
275.5
TOTALATTENDED
23
23
25 5
22
0 1
TOTAL FOR YEAR
2134
TOTALMANHOURS
23
46
50 10
46
0 3
THIS MONTH
LAST MONTH
LAST YEAR
AVE. RUNS/MAN
8.44
)00000000(
AVE. MEN/RUN
15.00
15.11
14.62
AVE % FOR YEAR
48.79
49.12
47.29
SYNOPSIS
The department responded to 18 calls during the month
of June. Two calls were structure fires in Mendota Heights.
The first structure fire occurred on June 3, 1991, when a
barbecue was on fire at the tank replacement fitting that
the homeowner installed: The fire department turned off the
tank and the fire was out. Damage was kept to a minimum and
$50.00 damage was done to the contents. The second call
occurred on June 14, 1991 at 8:30 A.M. Upon our arrival we
found a fire in the attic. The homeowner stated that she
had heard a loud noise at 6:30 A.M. and said that the house
was hit by lightning on the east side of the roof. There
was small damage done to the roof top and wall. Estimated
damages was:$4,000. Cause of the fire was determined to be
lightning related.
TRAINING
The monthly departmental drill was spent simulating
fire hookups to standpipes on buildings within the City. We
practiced hydrant and standpipe hookups at Henry Sibley High
School and we actually flowed water out of a wall hydrant at
a United Properties building on Mendota Heights Road. The
purpose of this drill was to understand the pump pressure
and water volumes needed to supply standpipe and water
sprinklers in these buildings.
The monthly squad drill was spent operating the Squirt
(2286). All firefighters operated all of the equipment on
this truck including the booms and pumps. They were trained
on how to drain the pump and were given complete instruction
on the truck itself. The purpose of this was to familiarize
all firefighters with the operating procedures and
maintenance that is done on the truck.
Mendota Heights Police Department
N=RANPUM
DATE: July 10, 1991
TO: Mayor and City Co ncil
City Administ t
FROM: Police Chief
The Vasatka-Goers V.F.W. club of Mendota has donated $3,386.70 to the
City for the purchase of new emergency lights (2 sets) and 35mm cameras
(4) for the squad cars. This equipment needs to be replaced because of
age and repair costs. The light bars and assorted accessories will be
installed on the two new Chevrolets which arrived today.
The Police Department requests permission to accept this generous and
much needed donation from the Club for the purposes outlined above and
on the accompanying memos.
rAetA-
?.0 • ��
Mendota Heights Police Department -7fr 7
MEMORANDUM
DATE: July 10, 1991
TO: City Administrator
FROM: Police Chief
SUBJECT: V_F_W_ DONATION
Due to the need for new emergency lighting and 35mm cameras for the
squads, which were not budgeted, we have requested, and now received,
$3,386.70. from the Mendota V.F.W. Club. As we discussed, the light
bars will be installed on the new squads which were to be delivered
today. The cost of the 2 light -bars, controllers and switches,
including installation, is $2,986.70. (Please see attached memo from
Sgt. Mack).
The balance of the donation will be used to defray the camera costs.
The cameras selected by the department will cost approximately $120
each.
Attached please find a purchase order for your signature. The purchase
order for the cameras will follow.
Date: 5/20/91
To: Chief Delmont
From: Sgt. Mack
Subject: Squad Light Bars/Opticom/Control Boxes
Reference: Replace two bars (1991 Squads)
1. Our present light bars, S/L Series Edge 9000, are approximately FIVE
years old, purchased in March of 1986 at a cost of $475 each. The bars
are starting to break down and repairs are costly and time consuming for
replacement parts.
2. The power packs in the light bars cost about $250.00 and the minimum
cost for lights is $60.00. Two power packs have broken down within the
last four months and the time spent for repair and delivery is about two
months.
3. Road Rescue has available new Code 3 MX 7300 AL light bars with the
following advantages over the Whelen Series 9000:
A. The cost of the lights in the bar range in price from $6.00 to
$9.00 and are kept in stock at Road Rescue and are readily available
at most auto parts dealers.
B. In an emergency a normal single element tail light
bulb can be used in the bar to keep it functional until a normal
replacement bulb can be purchased.
C. Road Rescue will mount the Opticom unit in the speaker area of
the bar and guarantee it against leaks for one year.
D. The Code 3 MX 7300 AL gives the squad side visibility that is not
available in the Whelen Series 9000 which is more directional to
front and rear.
E. With the prospect of the unavailability of posts to mount spot
lights on the 1991 squads, the Code 3 MX 7300 AL has two adjustable
take down lights that gives an officer the ability to illuminate the
interior of a stopped vehicle, increasing officer safety.
F. All parts for the bars are in stock at Road Rescue and repair is
readily available.
The Code 3 MX 7300 AL bars are available at Road Rescue for viewing and
are quite impressive in the out -put of light and visibility.
i
4. In addition to the light bars, Road Rescue is offering a new Opticom,
TOMAR, that is presently being used by the Fridley Police Department and
has been demonstrated as having greater range than the present ones. The
unit fits into the area of the bar that is usually used by the siren
speaker, allowing for a lower silhouette and less wind drag. As our
opticom units are as old as the light bars I feel that they should be
replaced now before we have to start getting them fixed and while we
can get trade in on them.
5. With the age of our present control units and additional lighting
with the new bars I would also like to get new control units.By
replacing our present control units we can relocate them and have all
control switches in one location.
6. The list price on the Code 3 MX 7300 AL with ArrowStix bars is
$1349.00 with a sale price of $885.00 as they made a large purchase at a
good price. Road Rescue will allow us a trade in of $175.00 ea. for two
bars, $250.00 ea. for two Opticom, and $50.00 ea. for two Sirocon II
control box.
7n
Code 3 MX 7300 AL w/ ArrowStix $885.00 list $1349
ToMar Opitcom power supply ""' -656.00 list 819.98
bulb 66.85 list 88.90
V Con II 360.50 list 515.00
Total $1968.35 $2772.88
Minus trade in 475.00
$1493.35 each
8. Attached are two fliers detailing and explaining the bar and control unit.
CITY OF MENDOTA HEIGHTS
MEMO
July 11, 1991
TO: Mayor, City Council and City Administrator
FROM: Kathleen M. Swanson, City Clerk
SUBJECT: St. Peter's Beer License Request
For the past several years, the Council has received and
approved a request from St. Peter's Church for the annual
Father Galtier Days for the issuance of a two day 3.2 on -sale
beer license. We have again received such a request, (see
attached letter of request) asking that a license for
Saturday and Sunday, September 21 and 22, 1991 be granted.
Hours of the beer sale will be on Saturday from 6:00 P.M. to
12:30 A.M. and on Sunday from 12:00 P.M. to 6:00 P.M.
RECOMMENDATION/ACTION REQUIRED:
Staff recommends that Council approve the request and
waive the fee, consistent with our past practice in granting
a license to St. Peter's Church. If Council concurs, it
should pass a motion to authorize the issuance of a two day,
on -sale 3.2 malt beverage license to St. Peter's Church for
September 21 and 22, 1991, in conjunction with the annual
Father Galtier Days, along with waiver of the license fee.
KMS : nj b
Attachment
U
A
June 17, 1991
CITY OF MENDOTA HEIGHTS
1101 Victoria Curve
Mendota Heights, Minnesota 55118
To whom it may concern:
As in prior years, arrangements are presently being made to
conduct our annual St. Peters Church Father Galtier's Day
Festival scheduled for September 21, and 22, 1991.
As Treasurer for our Father Galtier Festival, I am requesting'
the City Council to consider our request for a temporary liquor
license (3.2 beer) to be issued in conjunction with our fall
festival. Beer will be served on Saturday afternoon, September
21, from 6:00 p.m..to approximately 12:00 a.m. midnight, and on
Sunday, September 22, from 12:00 p.m. noon until approximately
6:00 p.m.
In prior years, the City Council has graciously granted our
request in a timely and expeditious manner. On behalf of all
committee members involved with our fall festival, I wish to
thank you for your support and consideration.-
,If
onsideration.
,If you have need for any additional information regarding this
request, please do not hesitate to contact me. -My home phone is s
45.2-8983, and my work day -phone is 72.6-8339.
Sincer ly yours;
A.C. Todd,
Treasurer - Father Galtier Day Festival
991 Caren Court.
Mendota Heights, MN 55118
ACT:rjh
CITY OF MENDOTA HEIGHTS
MEMO
July 8, 1991
TO: Mayor, City Council, City Administrator
FROM: Paul R. Berg, Code Enforcement Officer PX4 �&v`
SUBJECT: Modified CAO Approval 1190 Culligan Lane
INTRODUCTION:
Mr. Raymond C. Lundgren resides at 1190 Culligan Lane. His
property which is lot 8 of Leones Rearrangement falls within the
boundaries of the City's Critical Area District. Mr. Lundgren .
proposes to have an attached deck constructed on the rear of his
home. This deck will be 20' wide and 16' deep.
DISCUSSION•
Staff has reviewed the City topography maps and finds that -~
Mr. Lundgren's property doesn't have any slopes that are 40% or
greater. In fact, his property is relatively flat.
RECOMMENDATION:
Staff would recommend that City Council grant Mr. Lundgren.a
Modified CAO approval. In addition, since staff hass-not had to
expend additional time on this application, Council may if they
wish to, refund Mr. Lundgren's $100.00•application as has been;
done`in the past.
ACTION REOUIRED:
-If City Council wishes to implement the staff recommenda
tions to 1) grant approval of the Modified CAO and 2) refund Mr.
Lundgren's $100.00 application fee, it should pass a motion of
approval. 1
A7b
dad` g of 4gotia: RE -AP. t4st-dolik H?Ts
APR L .7.1 - VI 4.7
---------------------------------- ------
.7 -------------- 7 --------------------- -----------------
AA
CITY OF MENDOTA HEIGHTS
MEMO
TO: Mayor, City Council and City Adminis
FROM: John P. Maczko x
Fire Chief
SUBJECT: Purchase of Fire Gear
DISCUSSION•
The fire department currently has a replacement program
in place for worn out personnel protection equipment. The
budgeted amount per year is $3,500. We have solicited bids
and Minnesota Conway is the low bidder (see attached memo).
RECOMMENDATION•
I recommend that the bid for the replacement of
personal protection equipment be purchased from Minnesota
Conway for their bid amount of $2,955 for six coats and nine
pants.
ACTION REQUIRED:
If Council concurs with the recommendation they should
pass a motion authorizing staff to prepare a purchase order
for the personal protection equipment to Minnesota Conway in
the amount of $2,955.•
JPM:dfw
CITY OF MENDOTA HEIGHTS
MEMO
TO: John P. Maczko
Fire Chief
x"
FROM: William H. Lerbs
Assistant Fire Chief
SUBJECT: Purchase of Fire Gear
DISCUSSION:
In past years we have been using the Mason Dixon Line
of gear, which is serving us well.
Our needs are five (5) full sets, plus one additional
coat and four pants. Total order is six coats and nine
pants. Lead time for both vendors are 60 days. Bids are as
follows:
Minnesota Conway:
6 coats @ $239.00 each =
$1,434.00
9 pants @ 169.00 each =
1,521.00
TOTAL
$2,955.00
Measured by vendor at our fire station.
FOB - our
station.
Lion Apparel:
6 coats @ $263.00 each =
$1,578.00
9 pants @ 191.00 each =
1,719.00
TOTAL
$3,297.00
Measured by our department - FOB - Ohio
RECOMMENDATION•
I recommend that we purchase our personal protection
equipment from Minnesota Conway for their bid amount of
$2,955.
WHL:dfw
miinnESOTAccUUJ�nn��r
PIROE C SAFETY
COMPLETE PROTECTION FIRE & SECURITY
4565 West 77th Street • Minneapolis, MN 55435 • (612) 893-0798
x y quotation
quotation
MARK FOR:
TO: r
MENDOTA HEIGHTS FIRE DEPARTMENT
2120 DODD ROAD
MENDOTA HEIGHTS, MN 55120
ATTN: MR. BILL LERBS
L
J
D' •: MENDOTADEPT,
(5) MASON DIXON "CUSTOM DELUXE SERIES" TURNOUT COATS MNFPA-2
COATS CONSIST OF 7.5 OZ. 100% NOMEX OUTER SHELL MATERIAL, YELLOW IN
COLOR, WITH A NEOPRENE COATED COTTON/POLYESTER MOISTURE BARRIER
SEWN TO NOMEX QUILT LINER. BOTH SEWN IN AT NECK ONLY. 'INCLUDES
LEATHER SHOULDERS, TWO LEATHER REINFORCED SLING BELLOWS POCKETS,
LEATHER CUFFS, ONE LEATHER REINFORCED RADIO POCKET AND NFPA STYLE
SCOTCHLITE TRIM. COAT IS TO BE 35" IN LENGTH.
$239.00 EA./$1,195.00
(9) MASON DIXON "CUSTOM DELUXE SERIES" BUNKER PANTS MNFPA-2
PANTS CONSIST OF 7.5 OZ. 100% NOMEX OUTER SHELL MATERIAL, YELLOW IN
COLOR, WITH A NEOPRENE COATED COTTON/POLYESTER MOISTURE BARRIER
SEWN TO NOMEX QUILT LINER. BOTH SEWN IN AT WAIST ONLY. INCLUDES
LEATHER KNEES, LEATHER CUFFS, TWO LEATHER REINFORCED CARGO POCKETS
(10" X 10" X 2") AND NFPA STYLE SCOTCHLITE TRIM AND HEAVY DUTY-'
SUSPENDERS
$169.00 PR./$845.00
NOTE: OVERSIZE CHARGES NOT INCLUDED IN ABOVE PRICING
PERSONAL ALERT LOCATORS
(5) PAL III NFPA PASS COMPLIANT
$ 95.00 EA./$ 475.00
(PLEASE REFER TO PROPOSAL NO. WHEN ORDERING)
)WITIONS OF SALE:
furnish only the equipment shown on the quotation
ce quoted. Any additional equipment needed to meet
eG.,,.ttions shall be charged for in accordance with our
ginal quotation.
1ICES: subject to change without notice
BY:
We appreciate this opportunity to quote,you
and thank you for your inquiry.
MINNESOTA CONWAY FIRE & SAFETY, INC.
r
LION
APPAREL
July 1, 1991
Mendota Heights Fire Dept.
Bill Lerbs
2120 Dodd Road
Mendota Heights, MN 55120
Mr. Lerbs:
LION APPAREL
3401 PARK CENTER DRIVE
P.O. BOX 14576
DAYTON, OHIO 45413-0576
513/898-1949 800/421-2926
FAX NO.: 513/898-9204
Per your request for a bid quotation, I will be able to supply you
with the following garments at the prices stated below:,
MNFPA2 "Mason Dixon Custom Deluxe Coat" $263.00
MNFPA2P "Mason Dixon Custom Deluxe Pant" $ 191.00
This price quote is good,until 9/1/91. Terms are 2%20Net30.
Oversize pricing is Not included in the above pricing. Freight
charges will be the responsibility of Mendota Heights Fire Dept.
Regional Manager
BODY-GUA1,D.
ents, please contact me at
J-4�w&
STATION WEAR
CITY OF*MENDOTA HEIGHTS
MEMO
July 10, 1991
TO: Mayor, City Council and City Adminit 4
FROM: James E. Danie
Public Works D r
SUBJECT: Sewers, Water, treets
Bridgeview Shore 2nd Addition
Job No. 9007
Improvement No.",90, Project No. I
DISCUSSION:
F.F. Jedlicki, Inc. -has satisfactorily completed.the above_,!,x.-
project and is requesting final payment and acceptance of the
project.
Now that the project
e . ct is complete the-assessment.,roll for
this project should be prepared and a public hearing., on the:,.,,.,.
assessments scheduled.
RECOMMENDATION
I recommend that Council.laccept,the project, authorize final
payment to F.F.,Jed1icki,,,Inc., order the preparation of the
assessment roll� , for this �roject and call for an assessment
hearing for 8:00 P.M., August 20, 1991.
ACTION REWIRED:
if council wishes to ,implement the recommendation they
should pass a notion adopting Resolution No. 91- , RESOLUTIOK'K-�'T'?'.�
ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO.
90, PROJECT NO. 1 and Resolution No. 91- RESOLUTION ORDERING
--ROLL' CALLINQ'I
THE PREPARATION OF, AN ASSESSMENT, i iWON
.1AND,
=THE ' ASSESSMENT ;'ROLL "POW-BRIDGEVIEW SHORES '.2ND' ADDITION" (IMPROVE-''*,;�'
MENT NO. 90. -PROJECT NO.' 1);.
JED: dfw
r-'
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 91 -
RESOLUTION ACCEPTING WORK AND APPROVING
FINAL PAYMENT FOR IMPROVEMENT NO. 90, PROJECT NO. 1
WHEREAS,- pursuant to aiwritten contract signed with the City
of Mendota Heights on July"'20, 1990, F.F. Jedlicki, Inc. of Eden
Prairie, Minnesota, has satisfactorily completed the improvement
of sanitary sewer extension, storm sewer extension, watermain
extension, street, curb and gutter improvements to serve the area
known as Bridgeview Shores 2nd Addition (Improvement No. 90,
Project No. 1) in accordance with such contract.
NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of
the City of Mendota Heights that the work completed under said
contract is hereby -accepted and approved; and:
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby directed to issue a proper order for the final payment on
such contract in the amount -of $11,310.82, taking the,
contractor' s receipt • in, full.,; - -
Adopted by the City Council -of the City of Mendota Heights this
16th day of July, 1991. "
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
ATTEST: F.
Kathleen :•M.=. Swanson,d; C ty 'Clerk =
;rte �. - .. r _ ,;v.., J�..• -. �...��,; ;'a t`. .��. ^.;l ',T:�s�.
^•,, it s.x-�,'�'��.1��'��' s4 iii' ..t :"..".. .
K
=a
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 91 -
RESOLUTION ORDERING THE PREPARATION OF AN ASSESSMENT ROLL AND
CALLING FOR HEARING ON THE ASSESSMENT ROLL FOR BRIDGEVIEW SHORES
2ND ADDITION (IMPROVEMENT NO. 90, PROJECT NO. 1).
WHEREAS, contracts have heretofore been let for the con-
struction of the following described improvement:
The construction of sanitary sewer, storm sewer, water,
street, curb and gutter improvements to serve Bridgeview
Shores 2nd Addition and adjacent areas (which improvements
have heretofore been known and designated as Improvement No.
90, Project No. 1).
and
WHEREAS, the construction of said improvements has been
substantially completed.
WHEREAS, the City Clerk, with the aid and assistance of the
City Engineer, has been directed by the City Council to prepare
the as sessment roll for the above described improvements; and
NOW THEREFORE, IT IS HEREBY.RESOLVED by the City Council of the
City of Mendota Heights, Minnesota, as follows:
1. That the total cost of the above described improvements
shall be assessed against all properties benefited by
said improvements.
2. That the City Clerk with the aid and assistance of the
City Engineer be and is hereby authorized and directed
to prepare the separate assessment roll for the above
described improvements showing the proper amount to be
assessed against each of the lots, pieces or parcels of
land benefited by said improvements.
3. That a public hearing on said proposed assessment roll
shall be held at the Mendota Heights City Hall at 1101 `
Victoria Road, in the City of Mendota Heights, on
Tuesday, August 20, 1991, at 8:00 P.M. or as soon as
possible thereafter.
4. That the City Clerk, with the aid and assistance of the
City Attorney, is hereby authorized and directed to
prepare and attend to the publication and mailing of
the necessary notices of said hearing, all in accord-
ance with the applicable Minnesota Statutes.
Adopted by the City Council of the City of Mendota Heights this
16th day of July, 1991. _
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By.
Charles E. Mertensotto, Mayor
ATTEST:
Kathleen M. Swanson, City Clerk
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
July 16, 1991
Asphalt License
Blacktop Driveway Co., Inc.
General Contractors Licenses
Cities Home Improvement Co. -The
Doyle Construction, Inc.
Leisure Time Wood Design
Stenerson Carpentry
Walker Roofing Company
Heating & Air Conditioning License
Air Conditioning Associates, Inc.
July 16, 1991
TO:'Kayor and City Council'
CLAIMS LIST SUMMARY:
Total Claims
1,483,793
Significant Claim
Friedges Landseape
Park const
38,303
C W Houle
Impr const
179,613
F F Jedlicki
29,893
BWCC
May, Jun sac chgs
29,601
Unusual Claims
American Natl Bank
Bond Payment
325,494
First Trust
679,261
Norwest Bank
174,640
State of Mn
2nd qtr slchgs
3,882
N
12 Jul 1991
7/16/91 Claims List
Fri 10:58 AM
City of Mendota Heights
Temp Check Number 1
5,256.25
Temp.
40, 000.00
Check
80,237.50
Number Vendor Name
Account Code
1 Ace Hardware
08-4335-000-00
1 Ace Hardware
09-4460-000-00
2
Totals Temp Check Number
1
Temp Check Number 2
2 Albinson
05-4300-105-15
2 Albinson
05-4300-105-15
4
Totals Temp Check Number
2
Temp Check Number. 3
3 American National Bank
01-2115
3 American National Bank
01-1290
3 American National Bank
25-4456-000-00
3 American National Bank
25-4455-000-00
3 American National Bank
42-4456-000-00
3 American National Bank
42-4455-000-00
18
Totals Temp Check Number
3
Temp Check Number 4
4 Assn of Mn Emgcy Mgrs
07-4400-000-00
4
Totals Temp Check Number
4
Temp Check Number 5
5 B & J Auto Supply'
01-4330-490-50
5 8 & J Auto Supply'
05-4330-490-15
5 B & J Auto Supply'
01-4330-440-20
5 B & J Auto Supply'
01-4330-490-50
5 B & J Auto Supply'
01-4330-490-70
5 B & J Auto Supply'
05-4330-490-15
30
Dept LU -Adm
15-Engr
20 -Police
30 -Fire
40 -CEO
Comments
splys
splys
splys
splys
Dept 50-Rd&Bridge
60 -Utilities
70 -Parks
80 -Planning
85 -Recycling
90 -Animal Control
Rage 1
Amount
16.00
16.38
32.38
99.00
24.45
123.45
bond pymts
240,000.00
bond pymts
240,000.00cr
78 bds
5,256.25
78 bds
40, 000.00
88 bds
80,237.50
88 bds
200, 00@.00
325, 493.75
Fall conf regr 40.00
40.00
splys
7.74
splys
6.26
splys
9.79
splys
13.74
splys
13.74
splys
10.99
62 26
1
Totals Temp Check Number 5 , iJ
Temp Check Number 6
' c�
6 Biffs Inc -_.-_ 01-4200-610-70 _ _. -- - __- _.._ _ --.July rent-. — « -. _ .. _. _.- -.-.-,576.00
6 576.00 - �7
".Totals Temp Check Number -. ___ 6 .
12 Jul 1991
Claims List
page 2
Fri 10:58 AM
City of Mendota Heights
Temp Check Number 7
Temp.
Check
Number Vendor Name
Account Code
Comments
Amount
7 Board of Water Commissioners
01-4425-310-70
x-
qtrly svc
4.45
7
4.45
Totals Temp Check Number
7
Temp Check Number 8
8 Blaeser Landscape
09-4460-000-00
Re Mendakota Circle
400.00
8
400.00
Totals Temp Check Number
8
Temp Check Number 9
9 Carlson Tractor & Eq
01-4330-490-50
parts
141.48
9
141.48
Totals Temp Check Number
9
Temp Check Number 10
10 Case power & Eq
15-4330-490-60
rprs
132.28
10 Case power & Eq
15-4330-490-60
rprs
1,026.68
10 Case power & Eq
15-4330-490-60
rprs
51.23
10 Case power & Eq
15-4330-490-60
rtn
218.80cr
40
991.39
Totals Temp Check Number
10
Temp Check Number 11
li City Motor Supply
01-4330-440-20
splys
26.28
11 City Motor Supply
01-4330-490-50
•splys
88.36
it City Motor Supply
01-4330-490-70
splys
53.74
li City Motor Supply
15-4330-490-60
splys
18.34
11 City Motor Supply
01-4330-440-20
splys
52.19
55
238.91
Totals Temp Check Number
11
Temp Check Number 12
12 Commissioner of Trspt
05-4402-105-15
update
30.00
12
-
30.00
Totals Temp Check Number
12
Temp Check Number 13
_..
13 Commercial Asphalt
01-4422-050-50
mix
379.57
13
379.57
Totals ip Check Number
13
12 Jul 1991
Claims List
Fuge 3
Fri 10:58 AM
City of Mendota Heights
Temp Check Number 14
Temp.
Check
Number Vendor Name
Account Code
Comments
Amount
14 Continental Cablevision
01-4200-610-30
Jun July Svc
11.90
14
11.90
Totals Temp Check Number
14
Temp Check Number 15
15 Corcoran Hdwe
01-4330-490-50
weed cutter
299.14
15 Corcoran Hdwe
01-4330-490-50
rtn
80,40cr
30
218.74
Totals Temp Check Number
15
Temp Check Number 16
?
16 Corrigan Electric
09-4460-000-00
Re Mendakota
444.00
;•�
16
444.00
Totals Temp Check Number
16y
Temp Check Number 17
17 County Recorder
16-4473-000-00
June fees
10.00
k�
17
10.00
Totals Temp Check Number
17
E7
Temp Check Number 18
18 Creative Colors
01-4330-215-70
splys
43.40
18
43.40
1
Totals Temp Check Number
18
Temp Check Number 19
_)
19 Discom of Minn Inc
01-4330-440-20
rprs
135.25
19 Discom of Minn Inc
01-4330-440-20
rprs
88.00
19 Discom of Minn Inc
01-4330-450-30
rprs
284.60
19 Discom of Minn Inc
01-4330-440-20
rprs
47.30
76
555.15
Totals Temp Check Number
19
Temp Check Number 20
_r ___
......_ __._._. _. .:... _ .._ ... _
_ .. ..- -•- _--.. _ _ .. w......
_ .. _ .
1 20 Dictaphone
01-4330-440-20
rprs
127.09
i
t 20
127.09 -- -• • w - _
- . --
Totals Temp Check Number
20
t,•ti
+-�
•Temp Check Number . - -• 21 _ _.. .,
__ _. -,. __..._�,,. .. _ _ .... � _. ._.._....,
. _.•.. ___._._ ,�._.._....._..�.__ _.... __...�......._.__. __.._.
__ ._ ._. _-_...,_ ....._ a____-_........
_.-._......_
12 Jul 1991
Claims List
Page 4
Fri 10:58 AM
City of Mendota Heights
Temp Check Number 21
Temp.
Check
r
Number Vendor Name
Account Code
Comments
Amount
21 Fire Chief
01-4402-030-30
renewal
83.00
r�
21
83.00
Totals Temp Check Number
21
F
Temp Check Number 22
22 First Trust
01-2115
bond pyrnts
515, 000.00
22 First Trust
01-1290
bond pyrnts
515,000.00cr
22 First Trust
14-4455-000-00
77
bds
25,000.00
22 First Trust
14-4456-000-00
77
bds
2,175.00
1
22 First Trust
14-4226-000-00
77
bds
285.88
22 First Trust
11-4455-000-00
72
park bds
50,000.00
22 First Trust
11-4456-000-00
72
park bds
2,850.00
22 First Trust
11-4226-000-00
72
park bds
285.88
22 First Trust
14-4455-000-00
73
bds
80,000.00
22 First Trust
14-4456-000-00
73
bds
2,000.00
22 First Trust
14-4226-000-00
73
bds
285.88
22 First Trust
14-4455-000-00
76
bds
10,000.00
---
----------
i1
264
172,_ 882.64
Totals Temp Check Number
22
Temp Check Number 23
23 First Trust
14-4456-000-00
76
bds
645.00
j}
23 First Trust
14-4456-000-00
76
bds
645.00
23 First Trust
14-4226-000-00
76
bds
285.88
23 First Trust
14-4456-000-00
dupl entry
645.00cr-�
23 First Trust
14-4455-000-00
77
bds
35,650.00
23 First Trust
25-4455-000-00
77
bds
4,900.00
23 First Trust
30-4455-000-00
77
bds
9,450.00
23 First Trust
14-4456-000-00
.77
bds
5,363.50
23 First Trust
25-4456_000-00
77
bds
737.20
23 First Trust
30-4456-000-00
77
bds
1,421.80
23 First Trust
14-4226-000-00
77
bds.-.
285.88
,
23 First Trust
37-4455-000-00
78
bds
100,000.00
---
----------
276
158, 739.26
Totals Temp Check Number
23
Temp Check Number 24
_
24 First Trust
37-4456-000-00 f
78
bds
30,070.00
-'
24 First Trust -
- 37-4226-000-00
78-
bds - - —-.:_._. __ ...
_...__ --._- --• .'294.38.. -.-__ ...- _ _ -• --..
.._. _ _ _ ..-. _
y 24 First Trust
75-4455-000-00 k
83
Go bds
50,000.00
' 24 First Trust
75-4456-000-00
83
Go bds
15,012.50
24 First Trust -
16-4456-000-00---, _-- - _.._ --.
_ . 83
-Tid bds-•..-,-.-.,.-.—.,....-.------ ----- 12,225.00n--.-,--.-. .
24 First Trust
85-4455-000-00
86
bds
' �'
150,000.00 -~�
24 First Trust
85-4456-000-00
86
bds f` r
60, 750. 00 ;sf
12 Jul 1991
Claims List
pave 5
Fri 10:58 AM
City of Mendota Heights
Temp Check Number 24
Ternp.
Check
Number Vendor Name
Account Code
Comments
Amount
24 First Trust
74-4456-000-00
x
85 6o bds
29,287.50
192
347, 639.38
Totals Temp Check Number
24
Temp Check Number 25
25 M F Fleischhacker Inc
09-4460-000-00
pyrnt 3 89-6 I2
4,671.00
25
4,671.00
Totals Temp Check Number
25
Temp Check Number 26
26 Friedges Landscaping Inc
09-4460-000-00
pyrnt 3 89-6 I
38,303.05
26
38, 303. 05
Totals Temp Check Number
26
Temp Check Number 27
F
27 Health Promotion Svcs
01-4244-030-30
pre-ernpl exam
375_00
27
375.00
Totals Temp Check Number
27
Temp Check Number 28
28 C W Houle Inc
72-4460-835-00
pyrnt 2 86-4
179,612.70
28
179, 612. 70
Totals Temp Check Number
28
Temp Check Number 29
._J
29 I C M A R T
01-2072
6/28 payroll
175.72
29 I C M A R T
01-4134-110-10
6/28 payroll
91.32
,
58
267.04
Totals Temp Check Number
29
Temp Check Number 30
30 F F Jedlicki Inc
33-4460-841-00
pymt 2 89-7
18,582.00
30 F F Jedl icki Inc
-36-4460-843-00
pymt- 6 final 90-1 .••
11, 310.82 -. -
60
w
29, 892. 82-
Totals Temp Check Number --
30
__-------.--- _. _.__.
._�«- _-.•
Temp Check Number 31
31 Thomas Knuth
72-4415-835-00
mi reimb
51.70
�.�
12 Jul 1991
Claims List
Page 6
Fri 10:58 AM
City of Mendota Heights
Temp Check Number
31
Temp.
Check
Number Vendor Name
Account Code
Comments
Amount
31 Thomas Knuth
09-4415-000-00
x
mi reimb
40.15
T�
31 Thomas Knuth
33-4415-841-00
mi reimb
34.92
31 Thomas Knuth
36-4415-843-00
mi reimb
20.08
124
146.85
Totals Temp Check
Number
31
Temp Check Number
32
32 Krechs Office
Machines
15-4305-060-60
camp paper
97.05
32 Krechs Office
Machines
01-4300-110-10
prtr rbns
10.00
32 Krechs Office
Machines
01-4300-020-20
prtr rbns
10.00
32 Krechs Office
Machines
01-4300-030-30
prtr rbns
10.00
32 Krechs Office
Machines
01-4300-050-50
prtr rbns
10.00
32 Krechs Office
Machines
01-4300-070-70
prtr rbns
10.00
32 Krechs Office
Machines
15-4300-060-60
prtr rbns
10.00
224
157.05
Totals Temp Check
Number
32
Temp Check Number
33
33 Lakeland Ford
01-4330-490-50
part 308
20.98
33 Lakeland Ford
01-4330-490-50
part 308
8.67
66
29.65
Totals Temp Check
Number
33
Temp Check Number
34
r
34 League Mn Cities
01-4404-110-10
MAP dues
493.00
34
493.00
Totals Temp Check
Number
34
Temp Check Number
35
C•
'
35 Leef Pros
01-4335-310-50
Jun Svc
9.96
35 Leef Bros
01-4335-310-70
Jun svc
9.96
35 Leef Bros
15-4335-310-60
Jun svc
9.96
105
29.88
Totals Temp Check
Number
35
Temp Check Number - --
36 -- -
----
.._36
36M A Associates
01-4305-050-50
splys
59.40
- 36 M A Associates-
01-4305-070-70
9.40._,...y._-,
59.40.-,-,-,-
36
36 M A Associates
15-4305-060-60
splys
59.45
- 1@8 _ - -
- _ ^_ ...
�_ _ .._...... __ ..._,._.:.. ___ _-�3.._- __-._ .w �_ _. _.,>�.__� _ __
�36
178.25.
`) Totals Temp Check
Number
12 Jul 1991
Claims List
Page 7
Fri 10:58 AM
City of Mendota Heights
Temp Check Number 37
Temp.
Check
Number Vendor Name
Account Code
Comments
Amount
37 Mendota Heights Rubbish'
01-4280-310-50
Jun svc
x 76.65
37 Mendota Heights Rubbish'
01-4280-310-70
Jun svc
76.65
37 Mendota Heights Rubbish'
15-4260-310-60
Jun svc
76.72
37 Mendota Heights Rubbish'
01-4280-315-30
Jun Svc
42.40
148
272.42
Totals Temp Check Number
37
Temp Check Number 38,
38 MEAA
01-4480-200-70
T Ball subsidy
3,315.00
38
3,315.00
Totals Temp Check Number
38
n
Temp Check Number 39
39 Mendota Heights Amoco
01-4330-445-40
rprs
18.95
39
18.95
'
Totals Temp Check Number
39
Temp Check Number 40
:J
40 Memphis Net & Twine
09-4460-000-00
splys
299.96
40
299.96
Totals Temp Check Number
40
Temp Check Number 41
41 Metro Waste Control
15-4448-060-60
May sac chgs
20,150.00
41 Metro Waste Control
15-4448-060-60
Jun sac chgs
9,750.00
Metro Waste Control
15-3615
adm fee
299_00cr
-41
--
123
29, 601.00
Totals Temp Check Number
41
Temp Check Number 42
42 Midwest Business Products
01-4300-110-10
splys
76.25
42 Midwest Business Products
01-4300-110-10
splys
57.96
84
134.21
-
Totals Temp Check Number 42
Temp Check Number 43
{,.•'
43 Midwest Siren Service
07-4330-000-00
Jul mtcn
62.40
— r•,
43 ._ -.... - .- ... __ ..,._._...
_ _. _.. �... ....__.
-__z._ _ .. _ -. ..._ <.__<
_ :._ --- 62.40
Totals Temp Check Number
43
�'
12 Jul 1991
Claims List
Page 8
Fri 10:58 AM
City of Mendota Heights
Temp Check Number 44
Temp.
Check
Number Vendor Name
Account Code
Comments
Amount
44 Minn Dept of Revenue
01-4320-050-50
Jun
x
fuel tax
48.40
,
44
48.40
Totals Temp Check Number
44
Temp Check Number 45
45 Minn Mutual Life Ins
01-2072
7/12 payroll
400.00
45
400.00
Totals Temp Check Number
45
Temp Check Number 46
46 Minnesota Toro Inc
01-4330-490-70
parts
228.48
46
228.48
Totals Temp Check Number
46
Temp Check Number 47
47 Northern State Power
01-4212-315-30
Jul
Svc
32.57
47 Northern State Power
01-4212-310-50
Jul
Svc
7.35
47 Northern State Power
01-4212-310-70
Jul
Svc
7.35
47 Northern State Power
15-4212-310-60
Jul
Svc
7.36
47 Northern State Power
01-4212-320-70
Jul
Svc
153.49
47 Northern State Power
15-4212-400-60
Jul
Svc
14.35
47 Northern State Power
08-4212-000-00
Jul
Svc
27.67
47 Northern State Power
01-4211-315-30
Jul
Svc
397.80
47 Northern State Power
01-4211-310-50
Jul
Svc
230.23
47 Northern State Power
01-4211-310-70
Jul
Svc
230.23
47 Northern State Power
15-4211-310-60
Jul
Svc
230.23
47 Northern State Power
28-4211-000-00
Jul
Svc
451.49
564
1,790.12
Totals Temp Check Number
47
Temp Check Number 48
48 Northern State Power
01-4211-420-50
Jul
Svc
131.34
48 Northern State Power
08-4211-000-00
Jul
Svc
1,210.30
48 Northern State Power
01-4211-320-70
Jul
Svc
64.23
48 Northern State Power
15-4211-400-60
Jul
Svc
385.15
192
_ _
_...
_.._
_.. 1,791.02 -
Totals Temp Check Number
48
Temp Check Number 49
- __.. -._- •- _ _-_._-._ --.- -.
- _._.._.
_. _...... _.., ...._ _ _
._ _. __---__
49 Norwest Bank Mpls
01-2115
bond
pymts
10,000.00
`—y ..� - � - .
-.�.:.—_.--_.—.- A--_ -
�._�___
-.-_ _ _--.�.�_
_ _. _' .. a . •• — __
- hid �_.�
12 Jul 1991
Claims List
page 9
Fri 10:58 AM
City of Mendota Heights
Temp Check Number 49
Temp.
Check
Number Vendor Name
Account Code
Comments
Amount
49 Norwest Rank Mpls
01-1290
bond pymts
Y 10,000.00cr
49 Norwest Bank Mpls
11-4456-000-00
90 park bds
59,530.00
49 Norwest Rank Mpls
11-4226-000-00
90 park bds
200.00
49 Norwest Rank Mpls
35-4456-000-00
89 Go bds
49,817.50
,
49 Norwest Rank Mpls
35-4226-000-00
89 Go bds
200.00
49 Norwest Rank Mpls
31-4456-000-00
87 bds
50,842.50
49 Norwest Rank Mpls
31-4226-000-00
87 bds
200.00
49 Norwest Rank Mpls
20-4456-000-00
79 bds
1,729.00
49 Norwest Bank Mpls
25-4456-000-00
79 bds
1,413.50
49 Norwest Rank Mpls
20-4226-000-00
79 bds
200.00
49 Norwest Bank Mpls
14-4455-000-00
75 bds
10,000.00
:
588
174,132.50
Totals Temp Check Number
49
f
Temp Check Number 50
l
50 Norwest Bank Mpls
14-4456-000-00
75 bds
337.50
50 Norwest Rank Mpls
14-4226-000-00
75 bds
200.00
100
537.5@
Totals Temp Check Number
50
Temp Check Number 51
51 public Empl Ret Assn
01-2074
Aug prem
48.00
51 public Empl Ret Assn
01-4131-110-10
Aug prem
9.00
102
57.0@
Totals Temp Check Number
51
Temp Check Number 52
52 Ruff Cut
01-4490-040-40
weed cutting
1,360.00
r�
52
1,360.00
Totals Temp Check Number
52
Temp Check Number 53
53 C C Sharrow Co
01-4330-490-70
splys
93.30
53
93.30
Totals Temp Check Number
53
Temp Check Number 54
-
_.. _._ ..---
_• _- _
:3
54 Shamrock Cleaners -- ---
01-4410-020-20 ...._.
Jun cings-..--_ _ >.... , ..-.._
___ _ 49.00
' 54
49.00
Totals -Temp Check -Number --------
54
;v
r,�V— ;� z,-.r.,r.� mer. - -
� ,�_—_.. _� — -
— .^._----
--- -
;!:^
•
..
.:�..
12 Jul 1991 Claims List
Fri 10:58 AN City of Mendota Heights
Temp Check Number 55
Temp.
Check
Number Vendor Name
Account Code
55 Seven Corners Ace Hdwe
01-4330-490-50
55 Seven Corners Ace Hdwe
01-4330-490-70
55 Seven Corners Ace Hdwe
15-4330-490-60
165
23.30
Totals Temp Check Number
55
Temp Check Number 56
56 J L Shieley Co
01-4422-050-50
56
Totals Temp Check Number
56
Temp Check Number 57
57 Snyder Drug Stores
01-4305-030-30
57 Snyder Drug Stores
01-4305-070-70
114
83.30
Totals Temp Check Number
57
Temp Check Number 58
58 Southview Garden Center
01-4305-050-50
58 Southview Garden Center
01-4305-070-70
116
Totals Temp Check Number
58
Temp Check Number 59
59 St Paul Heart Clinic
01-4244-030-30
59
Totals Temp Check Number
59
Temp Check Number 6@"
3.60
60 State Treasurer
01-3315
60 State Treasurer
15-3315
60 State Treasurer
01-3615
180
0
Totals Temp Check Number
60
Temp Check Number ;, - 61-;f,
0
104.75
61 Superior.Roofing „.,,„
09-446@-@@@-@0 „•
61 „
Totals Temp Check Number
61
161.75cr
3, 882.00
Comments
splys
splys
splys
mix
splys
splys
splys
sod
pre empl exam
ti •
2nd qtr s/chgs
2nd qtr s/chgs
adra fee
Re 89-6.1 2
Page 10
"s
Amount
23.30
23.30
23_3@
69.90
83.30
83.30
fl
11.49
39.89
51.38
3.60
3.60
0
7.20
0
104.75
104.75
4,023.25
i
20.50
161.75cr
3, 882.00
C)
•12 Jul 1991
Fri 10:58 AM
' Temp Check Number 62
Temp.
Check
Number Vendor Name
62 Sun Newspapers
62 Sun Newspapers
62 Sun Newspapers
186
Totals Temp Check Number
Temp Check Number 63
63 U S West Communications
63 U S West Communications
63 U S West Communications
63 U S West Communications
63 U S West Communications
315
Totals Temp Check Number
Temp Check Number 64
64 Waterous Co
64
Totals Temp Check Number
5708
Grand Total
L'
Claims List
City of Mendota Heights
Page 11
Account Code
Comments
Amount
01-4240-080-80
Re Duggan
17.36
1
01-4240-080-80
Re Mary Anderson x -
18.60
01-4240-110-10
Re ord 401
14.26
50.22
62
01-4210-020-20
Jul Svc
111.64
15-4210-060-60
Jul Svc
295.49
01-4210-050-50
Jul Svc
14.38
01-4210-070-70
Jul Svc
14.38
15-4210-060-60
Jul Svc
14.38
450. 27
63
15-4330-490-60
rprs
217_95
{1
217.95
64
------------
0
1, 483,
792.72
MANUAL CHECKS:
13212 8,221.29
PERA
6/14 payroll
(?
13213 2,614.52
SCCU
6/28 payroll deductions
13214 300.00
Dakota County Bank
"
13215 14,377.79
6/28 w/h
13216 3,345.13
Commissioner of REvenue
6/28 sit
"'-
13217 45,241.98
Payroll a/c
6/28 net payroll
13218 272.25
Diane Ward
tuition reimb
13219222 225.00
Softball umpires
13223 5,136.20
Dakota County Bank
def cramp w/h
'
13224 2,618.00
Commissioner of Revenue
13225 160.00
MPWA
regr
13226 513.09
U. S. Post Office
2nd qtr utility bills
13227 25,796.00
Grossman Chev
squads
!„?
13228 17.15
Connet Inc
June svc
13229 700.00
Cass County
P. D. warrant
110,538.40
,
i l
G.T. 1,594,331.12
\..
CITY OF MENDOTA HEIGHTS
MEMO
Ju 1 1991
To: Mayor, City Council and City Admini
From: Kevin Batchelder, Administrative Assis n
Subject: Household Hazardous Waste Collection Day
DISCUSSION
Every two years the cities of Mendota Heights, West St. Paul
and South St. Paul are scheduled by Dakota County to participate in
a Household Hazardous Waste Collection Day. The three cities have
agreed with Dakota County to coordinate our 1991 collection day
with the City of Inver Grove Heights who has successfully conducted
collection days for hazardous waste six years running.'
The Household Hazardous Waste Collection Day for the four
northern Dakota County cities will be Saturday, September 21 at the
Inver Grove Heights City'Hall; located on 8150 Barbara Ave.- The
hours for collection are 9 a.m. to 3 p.m. Items to be collected
include paint, pesticides, household chemicals and solvents,
batteries, oil, tires and appliances.
As part of the City of Mendota Heights participation, we are
being asked to recruit volunteers. I have attached a letter I
would like to go out under the Mayor's signature to all Mendota
Heights businesses asking for volunteers to staff the collection
day. It would be nice if Mendota Heights could contribute about 25
or 30 volunteers. Dakota County funds the program.
ACTION REQUIRED
Authorize the Mayor to sign the volunteer request letter on
behalf of the City Council and the City of Mendota Heights.
Announce the Household Hazardous Waste Collection Day, its
hours and location for the benefit of the viewing audience.
July 16, 1991
City of
Mendota Heights
On Saturday, September 21, 1991, Dakota County and the cities of,
Inver Grove Heights, Mendota Heights, South St. Paul and West St.
Paul will be sponsoring a 'Household Hazardous Waste Day' for this
area. It will be held at the Inver Grove Heights city offices
located at 8150 Barbara Ave. E. in Inver Grove Heights.
This collection day will allow Dakota County residents to dispose
of materials which are banned from the landfill. (i.e. paint,
pesticides, appliances etc.)
The Dakota County Health Dept. monitors the collection day to make
certain that everything is handled in a safe manner. This is the
7th Annual Hazardous Waste Collection Day in Inver Grove Heights
and the second time that Mendota Heights has participated.
In order to be successful, many volunteers are needed to help in
the collection and sorting of these materials. Volunteers must be
at least 18 years of age. Safety gear and training are provided
for the volunteers. The hours of the collection will be from 9:00
a.m. to 3:00 p.m. We would like enough volunteers to be able to
schedule in shifts. Those -shifts would be from 8:00 a.m. to 1:00
p.m and 12noon to 5:00 p.m. -
This is a great opportunity for you and your organization to take
an active role in cleaning up the environment and to provide the
community with a valuable public service.
If you or your organization are interested in volunteering or need
more information, please contact one of the following:
Mendota Heights Kevin Batchelder 452-1850
West St. Paul Andrea Davis 455-9671
Inver Grove Heights Dave McNary 457-2111
South St. Paul Sally Patrick 451-1128
Please respond as soon as possible, but no later than Sept. 6th.
Thank you!!
Sincerely,
Charles E. Mertensotto
Mayor
City of Mendota Heights
1101 Victoria Curve • 1Viendota Heights, MN . 55118 452.1850
V
CITY OF MENDOTA HEIGHTS
MEMO
July 10, 1991
TO: Mayor, City Council and City Administrator
4
FROM: James E. Danielson, Public Works Dire t
Kevin Batchelder, Administratve Assis .0
SUBJECT: Case No. 90-35: Duggan Wetlands Permit for Fence
DISCUSSION•
Mr. Ultan Duggan, of 2331 Copperfield Drive, appeared at the
September 25, 1990 Planning Commission and the June 4, 1991 City
Council meetings to request a Wetlands Permit to construct a
fence enclosing his rear yard and swimming pool. The fence is
proposed to be wrought iron on three sides and black vinyl coated
chain link on the side adjacent to the pond. (Please see
attached memos and plans for summary of the case history.)
--"Typically, in wetlands cases City Council will waive the
public hearing if signatures of consent are obtained from the
immediate, adjoining property owners. In this case, a contiguous
property owner requested in writing that a public hearing be
conducted, as per the Wetlands Ordinance. City Council thus
ordered the public hearing for this evening. (Please see
attached letter from Copperfield Associates dated May 28, 1991.)
Staff's understanding is that the objection of the
Copperfield Association's Architectural Review Committee to the
fence - is that the desire to minimize the. amount of fencing Y g •in , _ •
the backyards of the neighborhood,, -in particular the yards -
adjacent to the scenic easement around the ponds. - They would
prefer, that just the pool be enclosed by the fence. - While the• ` r
Copperfield Association requires Architectural Review Committee .- :'; • ' `•=
approval, the City's Wetlands Ordinance simply applies a permit
review process for any structures proposed to be built within the _.-
100 foot boundary of the designated City Wetlands.
RECOMMENDATION•
At the September 25, 1990 meeting, the Planning Commission
voted unanimously to waive their public hearing and to recommend -
that the City Council grant the requested Wetlands Permit for a
fence.
1 a • • lam.• _ • " .x • r . a _ - n.r .: Y + . .. x '.ia. •' f iM"i Y. f:.+�:-n:
1:
ACTION REOUIRED:
Conduct the public hearing. If the City Council desires to
implement the Planning Commission recommendation, they should
pass a motion granting a Wetlands Permit to allow construction of
a pool fence, according to the plans dated April 29, 1991,
Planning Case No. 90-35, to within 191 of the wetlands.
"'L' �s"
7
0
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'A' .a`?.Y?�'W,F. "':h •,'lair
CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING
June 24, 1991
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that- the City Council of Mendota
Heights will meet at 8:00 o'clock P.M., or as -soon' as possible
thereafter, on Tuesday, July. 16, 1991,' in the City Hall Council:
Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to
consider an application from Mr. Ultan Duggan for a Wetlands Permit
to allow construction of a five foot (51) wrought iron fence within
the Wetlands area at the following described property:
Lots 6 and 7, Block 3, Copperfield .3rd .Addition .
More particularly, ,this property is located at, 2231 Copperfield
Drive. - , ` •` '
This notice is pursuant to City of Mendota Heights ordinance!
No. 4b1. Such persons as desire to be heard. -with reference to the:
proposed -Wetlands Permit will be heard'at this meeting:
Kathleen M.' Swanson
City Clerk
t t
r
!y c
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9
CITY OF MENDOTA HEIGHTS
MEMO
May 31, 1891
To: Mayor, City Council and City Adminis£r
From: James E. Danielson, Public•Works Dire t
Kevin Batchelder, Administrative Assist
Subject: CASE NO. 90-35: Duggan - Wetlands Permit for Fence
Mr. Ultan Duggan, of 2331 Copperfield Drive, applied .for a
Wetlands Permit to allow construction of a pool ..fence in September
of 1990. Mr.. Duggan appeared before- the Planning Commission on
September 25, 1990 and reviewed his application- with the
Commission. At the meeting it was noted that Mr. Duggan had not
produced the requested signatures of consent from his immediate
adjoining neighbors. (Please see attached Planning Commission
minutes dated September 25, 1990.)
,.The - Planning . Commission" waived •their , public . hearing .w and '
recommended approval of the requested permit. Later in the week,
prior to the City Council meeting, Mr. Duggan requested to be
removed from the City Council agenda of October 2, 1990.''; -=At• -:the,
applicant's request this agenda item was removed from Council
consideration.•,(Please see attached October 3, 1990 notification
letter.)
•r `i .rr, > t rf i j,. ''v S. :ay • ... � s* �, ,..t y1; wG•: :i_•' T
DISCUSSION
Mr. Duggan has requested that his application be placed on.:the L E ~=
June 4 -_1991,. City. Council -"agenda t for' ,oonsideration.��°i Mr Duggan },has n �4,,'
.submitted new plans for consideration that are°included with your: - '
packet: He ;has changed the `°.fence``=design from: black :vinyl =:'clad __..
chain : Iink , to -a' black -wrought =-ironT.,-fence: --Y,• -The�F locationo of Y the;
fence remains the same as that''reviewed;by the Planning Commission.' '
The fence - is proposed' to , be - within. -nineteen ` feet (19') " of -the
the
Wetlands. (See attached plans,. memo and Planners Report.) ...,'. • : ;.3.. '• • •.
At the time -of Planning Commission consideration, Mr. Duggan
had not obtained signatures of consent from his immediate
neighbors. City policy directs applicants to obtain, signatures of
consent from immediate neighbors,` in cases -involving single: family
properties, if the public hearing requirement is to be waived, at =
both the Planning Commission and City Council level. '• Staff was
aware that both of Mr.-Duggan's neighbors had expressed opposition.
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- . _ D.'i . .•Y :.� i} i ••L, ` ♦ ,.f: Y '.'i' u'•.' ; 1'r?F • ... - art
Mr. Duggan submitted the signature of consent from one of his
neighbors, Mr. Ahto Niemioja, on May 31, 1991 and this is attached.
His other neighbor, Mr. Dick Putnam, has submitted a letter to the
City on the behalf of the Copperfield Association requesting that
a public hearing be called on this Wetlands Permit due to the lack
of signatures of consent.
ALTERNATIVES
1. Waive the requirement for a public hearing,- - consider the
Planning Commission recommendation and make a decision on the
requested Wetlands Permit.
2. Require the public hearing, as requested by the Copperfield
Association, at the City Council level. Under-.-; this
alternative the applicant would be required to submit a
- Certificate of °Abstract:"listing .'the names of all'! property
--owners within 350 -feet. ':Staff would then provide mailed' and
,published notice 10 days prior -to the appointed- Council••
meeting date: • _�..
At the " September 25, 1990 meeting,`` the Planhingr'Commissibn`
voted unanimously to'waive their public hearing and to recommend
that =.the ,`City Council': grant '_••the''° requested - Wetlands -°:Permit_: fore' a
,_ ,•,}:�-,yt` _�: ...:..��? -<s�.. ..a: _!,>,z x,15,^,.':••czm :r.:.. l.: r?'r+;:y;a:x.. a L_....
Pool-_� Fence.i:i..}
ACTION,'REOUIRED :: .:L ,•;�: _ _ s� .x,f�3`Y :�z: •,:...-:<::'' =..5;� - �Q:.' ` ,"r:;u `:':::' f�'•`.
• Consider' the alternatives regarding• the- public hearing ", -, If -
the City, Council desires to implement the Planning Commission
recommendation,! . they- should pass a motion waiving -the, public "'';
hearing and granting a Wetlands Permit to allow construction.,'of•a::-_
pool_ fence, , as proposed, to {within nineteen jfeet ;,:(19 ! ), ofthe - -
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September 25, 1990
Page 4
missed. Mr. Iverson stated that he has also talked
to Mr. Gryc regarding his proposal.
In response to a question from Commissioner Duggan,
Mr. Iverson stated that the proposed home will be a
two -story home and that he has submitted formal
plans to the City for their review.
Commissioner Duggan moved to recommend to the City
Council that they grant a fourteen foot (141)
established front yard setback variance and that r
A4 -City. staff be -directed to - investigate the exposed
pipe and pallet -presently on Mr. •Iverson's lot and
identify .-any hazards •if -applicable.
Commissioner Roll seconded the motion.
AYES 6. - ..
NAYS: 0
CASE NO. 90-35:
DUGGAN -
WETLANDS. --PERMIT .
Mr. Ultan Duggan, 2231 Copperfield" Drive, was
.present oto discuss " his request „-:fort a' Wetlands
Permit. Mr. •Duggan explained that he lives
adjacent to a pond in Copperfield. 'He stated i that; i•�-£�• •
he has recently' installed a pool within 'his .. back< "7
yard which is greater than the required one hundred
foot (1001) minimum setback from a Wetlands. He
{'explained,-thhat.�he_must'�install"•=$�•iprotective fence
:, _ ,as per the ;. City's ; Pool -.,Ordinance.-,.-, He explained
that. he: proposes-: o instll__:;the;-,fence,.right .up to
a J.J;y- the•!7.City s.',�scenieasement:•,fr Mr 'ijDuggan:�explained.•k.• +
(f: • t-. .1v .:rte .,... ti,- •• a Y :. o . • . ' ,:,. -.
r ; , _ : tliat =initial]: the :proposedeig2it,, %,Of fence,was
six feet,k�.(6',j but, that' he ,has ` since'xlowered';hr
!then'3height + ;v to . feeti- 5'r) as-thatf tiie
` requirement for ;fence height' as per the"City! s �'Pool""�' '
Ordinance'. : Mr. Duggan •explained that the propose'
d:°
. ' •_ a rJ • i i'-
fence will be a black vinyl . clad chain link: fence.=r
• . ?'^rh•``-;i L..�,GY: ALL<-%:. _.. �Y N.�+`4..�'*.r.:• .«1
Mr. Duggan further explained that the fence design.
must be approved by the Copperfield ArchitecturalVc'
Review Committee.,;Azg wr
-
Commissioner. Koll stated that •the; : _ ` V ' r4}-4. `''
•
located so close .tor'theypondand-tvondered'how'the� w`
weeds will be cut. Mr. Duggan explained that;"af=='
,
roposed ats 'the, -back of a =fence
.to, -e the•�bac � �'• --� �. ��He;..,;
s k £: of L the'�.Yard `� ... further;_
explained;��that the weeds' will. be' :growing.: �in� `the ;�s =:
sa�n c, easement portion sof the :ilot sand • that r ,..0
.a;..•. •v. .-- y� • -j, yy
cannot cut+ or_,mow :. the z area "as <it w,is r meant : to ..be' : i. + �•...
•".1 .11.l t' `i to z.\rYi•4r•i`k: `;�v..:
Sir ,•.::� .:Y'
September 25, 1990
Page 5
left natural.
Commissioner Krebsbach questioned if Mr. Duggan has
discussed his proposal with any of his neighbors.
Mr. Duggan responded that Mr. Dick Putnam and a
neighbor both expressed some reservations with
respect to the fence surrounding the entire
backyard and the fact that it will be abutting the
scenic easement.
Commissioner Krebsbach questioned what type of
landscaping is proposed. Commissioner Duggan
explained that there will be uniformed shrubbery
along the fence. Commissioner Krebsbach questioned
if he has considered installing Evergreen trees.
Mr. Duggan stated that they have installed thirty
three (33) Evergreen trees at the back of his lot.
Commissioner
hearing.
Commissioner
AYES: 5
NAYS: 0
ABSTAIN: DUGGAN
Dreelan moved to waive the public
Krebsbach seconded the motion.
Commissioner Krebsbach moved to recommend to the
City Council that they grant a wetlands permit for
the purpose of constructing a five foot (51) high
black. vinyl clad chain link fence at 2231
Copperfield Drive. . I
Commissioner Dreelan,seconded the'motion.
AYES: 5
NAYS: 0
ABSTAIN: DUGGAN
CASE NO. 90-31:
HEARING -
EFH COMPANY -
BATESVILLE CASKET -
MINOR COMPREHENSIVE PLAN AMENDMENT-
REZONING
Mr. Gene Happe, developer, and Mr. Mark Finnemann,
architect, were present to discuss* their request
for a MinorComprehensive. Plan* Amendment and
Rezoning to.construct a 30,000 square foot
October 3, 199.0
City of
Mendota Heights
Ultan Duggan
2231 Copperfield Drive
Mendota Heights, MN 55120
Dear Mr. -Duggan,
I an writing to formally "notify "you, -that, • asp you R -requested,
.consideration of your Wetlands Permit for a Pool Fence was removed
from the City Council agenda for their meeting of October 2, 1990._
Consideration of your Wetlands Permit has not been rescheduled to
any specific Council -meeting. `+ Please.. contact; me uwhen-.,you ::,are ° ready,
to have your application considered °- by '•' City •Council? -and
schedule ayour-'item�for 4 -the appropriate-agenda:;date:--at--sthati°time:�,,r,�ifA:=�`{
The Wetlands . Ordinance and the Zoning Ordinance are 'not . specific -,
-tbout :the "length of 'time an,application mays=be'-; tabled- .,and -,stili "be ,'
slid...• �#I'=`believe'that'•� six".months ::is �a�.xeasonabie'�period ':sof `•Ttiine��==�� T -' r
for the application.>=; This - will ''give':you F until -y April' 3 J 1991:° „1 `` < `;` ' j
- �;- `^ '.. r�-.1 !^ :: ?:. �..c; ..`�: i3•.; ^ N �...:.-•u:...ay.rs�•,c�y,..., =i:� �_"ib�.c..�:c �dr'7r�.i`t,';`� X"�"�,��•_•�- - "'_
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Should ' you •"have' any ' questions«. or :'conoeras please
452-1850.
Sincerely-,> - •..�. , �:= ;'� `:' _. _ _ ! , ,:
A- ?. ,,�. ° • . •'N•Y _q+5:•�l'e'� ,.i.4 :�,±`t r�;;v''::"a.•+.-• j z:.i:.:y� ^ .4.�,. -°,:.r t�•=.'. a't�' i s.=..i;;'.> :f-:���Y :;^.{�.'x''z`.. nA'<ti rah. ;'^* • '
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�.nistratave:•Assistant� - - �h. ';` ;{•_..
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1
CITY OF MENDOTA HEIGHTS
September 26, 1990
TO: Mayor and City Council
FROM: James E. Danielson, Public Works Di e
Kevin Batchelder, Administrative As tan
SUBJECT: .. CASE .NO. T90-35: Duggan-.- Wetlands Permit t•:r
DISCUSSION
At:their:Septe.mber;meeting, ;the Planning Commission considered
an 'application' -'from Mr. •, Ultarf -Duggan for a'°Wetlands Permit to allow ' =
construction .• of, a _pool u#ence� in,-.his.••;backyard. •: -See .=attached -/'staff -v"O
memos and :plans.'
Atthe.. meetin >:.<, - ;: ::: ..: • .:,-, :..-, _ ..:.:.. - - , -. :.- :- ... •.'� �.. • � . • :�'
r g,, Mr. Duggan • explained .wthat the' fence rheight _r
would.;:;be- rfi e:<,:feet.wF 5''_ ::as< the
v 1 j i � Pool �� rdiiiance•M
Duggan !s 'plans; showed- the=#ence. to= •i�e,'six N#ee `° a ,..r- :`....�r..;
t''(6 =�Mr•Duggan`
also-. informed" the':'Commission .,--that .this fence 'design' must be
approved ;.by -thusCopperfield.Architectural•"°Review':'=Committee-x'iihich
has not acted on 'this proposal yet. Since the Planning Commission
meeting, staff has been. informed that Mr. Duggan Is immediate
neighbors ,are -.not in • favor ..of .:,*Mr*:•.Duggan • enclosing his back
all the• way: to• the •scenic easement.
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�tECOMMENDATION.�:., �; ,•. a�'. �:. - �..._,_ �:..
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=r: r�� �'iie' �Planiiing•�:Commissiori� unanimousl recomm r °y 4 �::�� � =- x
- `• eiided�::to`�waive��the�;- "��� #-
public -
clues
and thaty'`the ;:Cit Couric l" -�
P . , Y grant 'tlie; 'requ t .r,
x estec�" �..:
Wetlands Permit for . a ' .pool' fence: .,'' ' µ, :• ,,::r..
>• a
ACTION REQUIRED
:If - the -City Council,-. desires � , to , implement the
Commission's: -recommendation; _,they should.,pass- a motion 'waiving the -
public hearing and=approving:the.Wetlands-Permit,acco 5 'F
site •submitted,*.,,
plan
w r
192 IL
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CITY OF MENDOTA HEIGHTS
September 19, 1990
TO: Planning Commission
FROM: James E. Danielson, Public Works Director
Kevin.Batchelder, Administrative Assistant
SUBJECT: CASE NO. 90-35: Duggan - Wetlands Permit
DISCUSSION
Mr.- Ultain..Duggan; -;2233.-Copperfield Drive, .lives adjacent to a .
Pond in Copperfield:- Mr. 'Duggan 'has =installed a'pool within his :�" -
back . yard - which <, is - greater- than the . -required one � hundred ;-foot
(100' ) minimum--i-setback=from a Wetlands, however``Mr'Duggan •must"'`'
also install. a ---protective -fence'tper -the City's Pool - Ordinance ,,"- -Xr "_' -
Duggan proposes -to -install =that: fence -right• -up to =the°`City's scenic
Basement:' . that 3;protects ` the �-=natural :{::=character a of
fence is proposed to be a six *foot (6') ' high black'vinyl clad-ychairi'
link fence.
ACTION RSOUIRED _ w.
• _ •;•f.;n•• >'e': .ct-`s": Y"'r== '£•"' ' `, ��. ,. - t•2a1,.:a�;._: `•.Pl- ;tee:'.'.. [t: a.1.•r.=..::..,. •"A.d:'.:r..
Consider waiving -the-required -public -hearing; y review '.the ' •
request with,--.-theapplicant-. and -make` 'a recommendation -,to `'the--City°'`--r'
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PLANNING REPORT
DATE:
CASE NUMBER:
APPLICANT:
LOCATION:
ACTION REQUESTED:
25 September 1990
90-35
Ultan Duggan
2331 Copperfield Drive, Lot 7
Block 3, Copperfield Third
Addition (see sketch)
Wetlands Permit
PLANNING tX14SIDERA71ONS: n. lilt
1. The, applicant is requesting 'a wetlandsT permit to construct—a6-foot
security fence within the 1011 -foot wetlands setback for Pond 233W.
The fence is required by the Life Safety Code to enclose the swimming_.,.,,,
pool located in Mr. Duggan's back yard. The proposed fence will- a a ~�
6 -foot _-tall,<.vinyl„clad, chain .,link ;fence.:, :The :vinyl , cladding .will , be ,:
black. ; -This � coloration helps - toreduce "Its • impact when seen ' from a s•,
distance.: , ,The., fence, will surround .;the rear, yard of,...the subject property , �..... �
and_ will -.•be r�°li)cated; on.�;•ihe,�'side r.lotr.lines. `Y,..Along;Y`the_3- rear s.of_ ,the.
property r,adjacent �• to•_=r.the;= ,:pond,!: =:the.<,i-ifence�.t„°�will:� follow.,,�::,-the,:,, scenic
easement esiabiished. a•whenu he'-r=subdivisi rov r _ _n`.... • �y.
.. s�.was,app:
scenic-ea's6ment.1 is intended,,to.,,protect _-.the _natural ehviro6ment..-;of :1the
°the`•: and ,,...;. �., . .., w ...
area ptiirectly,"ai djacenN:t;to' . , :p . - :' �} .,• ., :... i ., a Q ,
-.... : ',a.
No . structures, °a=� either ,,temporary ,; .ort -permanent, --,including ,,,;fences, are
permitted within the scenic, easement. the scenic easement line as
described on the .plat drawing for this property runs across the property -_.
roughly . parallel -to the: shoreline, of the, pond,. ; On , the, north,, property-'.-.-,
line, a the .line.: commences, at -A point 27- feet- -landward from-Ahe ordinary 1 1 ,
high`:,;water. mark ��:r. On r�thet southproperty. :line, thea: easement ,,measures ;",.. , ” -.
19 feet" :landward ;from +xi e . iirdinar high ; water.: mark..�;4.Tiie
- included ?,with -. : PP
-the "s lication indicates =:, ese ;dimensioris;�.
.s'"r-z>"
a fence:=to ie `constructed y aiody ,'the; scenie� easement: ;ltne..._r;A _copy, of :t -zEIf
descri tion ' of { ttie secenic '=easement p =indedscufor'Y our
2. Section 6B^Subd:' 4"-6fa`°-the':wetlands',ordinancerrequires a wetlands .`permit ,r
for the =� consiructiori alteration, ' or -removal -of any',=_st ructure: - 'Ir The _
definition of - a ;:structure = in". tPfe , ordinance •:,(3.2.* (134)) ,. specifically includes'���=;: -` .•• . ;
signs and -''fences.,` '-The %wetland -ordinance requires that "' structures
..constructed within : •the .0.100 -foot : required setback -- be located ,".so _ as • to
.minimize . the • removal . of,.!,, vegetation. - There is little vegetation :located ;.
on `•the subject; .property =:-°in the- : area = -of • the : - proposed , fence_ r and - no ;
removal . ` of vegetation r -is'.; contemplated in order,, to • _accommodates, the
construction of ,.the',;fenee. r _ `'
.11tan Duggan, Case Pio_ 9(1-35
Page Z
of fences.
One of these would be Item 14, which requires that the
removal of
vegetation within the wetlands setback area be limited to
that which
is reasonably required for the placement of structures and
the use of
property. There is little vegetation on the subject property
in the area
of the wetlands setback and no vegetation is anticipated to
be removed
as a result of the installation of the fence. The proposed
fence will
in no way affect the water quality or the rate of
stormwater
runoff from the subject property. Since the only soil
disturbed during construction is for the digging of the post for the
fence, there
is no concern for any soil erosion entering the pond.
3. In conclusion, the proposed fence meets all of the criteria necessary for
the issuance
of a wetlands permit as outlined in the wetlands ordinance.
In addition,
the fence is proposed to be located inside of the scenic
easement. Therefore, we see no problem with the applicants request.
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MAAA.A
City of
JA Mendota Heights
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Case No. 0— 5`J
Date of Application- 9-
`F=Paid- 1/
Applicant Name:( V0 j 9 AJ
(Erirst) (ND
Address: 23.31 C0 �!i�i.!`t 1�L� a _ �F4
(Number & Street) (City) (State) Cnp)
OwnerName: • V �4 U -
Address: :1
(Number &Street) .
Street Location of Property in Question:
(C itv) (State) (Zin)•
Legal Description of Praperty:
Type of Request:
Rezoning Variance
Conditional Use Permit 'vision Approval t.
Conditional Use Pemnit forP.U.D < ' _' Wetlands Permit
Plan
;:' a,i„r •� - VYGI{at�ChCxplAttation�•64
`a �
,ieheasivePianAmendment
_ •i ,�. * t: :r• ra..w=�� •�`�.=€c a." a yi•;'.T•f .n�.y�«.. ..,�',Fs ''/kr` • _...
Applicable City°Ordinant e:Niimber Section - _ _. _ __.. ...
Present Zoning of Property . Present Use
Proposed Zoning of Property" . Proposed Use ` '
I hereby declare that all statements made in this request and�n d'itional
material are true.
- (Signature of lic�ant)
.. `
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�•� �• 452=1850.'--... _ -
City of
....Ad, k - 1Viewdota Heights
September 28, 1990
Mr. Ultan Duggan
2331 Copperfield Drive
Mendota Heights, MN.55120
Dear Mr. Duggan:
R
Your application .for' • a- : - W e f tmv4$ ?e_C ► c f . will be y '
considered by the"City:�Council-at their next regularly scheduled
meeting; which- be held;on•.Tuesday.. f-�-obec- 2 The
Council meeting startp"at-7:30 -o!'clock':P.M. -here • at City Hall- in
the Council Chambers > r:, You; � .or, 'a = .representative, , should ; plan ori
attending the meeting; = sin• order- that your :application ;will receive =
Council - consideration.
iG.}:'t..x.�.-:'Y'.1 _i F: Gb: -d'.�.ia J'',iL`L �. «'YP•`i;J`,.i.L'"�44.5"a:-�i•,i.t••�v�ir".'£:�'.2• �'p•. {y't �. .. tg3.
The Planning Commission recommended a�Prov�.� off•ou�-
�Q4(SPSl t/'' �tTV U�vtCt l� �`.•G, �cIV
s
i:h�ve S:$n v „ +•• � • `:-- ' � � r.,�,.:. � ,; �': .,, • -' ',�' • ` ,,_,�:}`�.�1
:you y, questions;. please"' feel:-= free . to : contact; :. ,•:-
Kevin Batchelder •.'
Administrative* Assistant
=: kkb .
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AAA TAA JAACity of
1Viendota Heights
September 21, 1990
Mr. Ultan Duggan
2331 Copperfield Drive
Mendota Heights, MN 55120
Dear Mr. Duggan:
Your application for 'a Weflo-v,495 = t2t"wd- J-exxqwill be
considered by the Planning Commis4oh'at` their next regularly
scheduled meeting,.- which.will.1i6'--heiA'.o'n"Tuesday, - C>c fbbzr- tq 10
The Planning o'6'meetU14-'
��at 7:30 ofclock P.M:,'here,,.
at the City Hall-J;You, --or, a representative
that your
plan on i i I �g, 73in'
should
application will receive commission consideration.
A-,
If you have any iquestlons, please feel free to contact me.
Sincerely,
.Kevin *f - Batchelder &
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From : R. A. Putnam & Assoc, Inc Tandem Corp. (612)471-0573 May. 30. 1991 12:52 PM P02.,
TANDEM lames L. Ostenson
CORPORATION Richard A. Putnan
BROKERS • PUNNLItS • Dr_vCL0PKftS 6440 Flying Cloud Drive, Eden Prairie, MN 55344 / (612) 941-1070
May 28, 1991
Mendota Heights City Council
1101 Victoria Curve
Mendota Heights, MN 55118
Re: Duggan Wetland Permit
614191 City Council Agedda
f.r
Dear Mayor and City Council Members:
Our Architectural Review Committee.in CAppertiold has received a request by Mr; and Mrs.
Duggan to build a fence within the wotland•setback area. Our committee stated our conocrn
about the S foot ohainlink fence located adjacent to the scenic casement last year when Mr.
Duggan proposed the' project. ;:`� �' ,:.,� : '::< _;. ....�` :,; • ... r
'Our committee feels that the significance of the fonoe'will•affect all pond property•owners in
Copperfield. Our design policy has -been to restrict rear yard fining adjacent to ponds to the
',area kdjaccnt tothz rear patios. oads.•cta 's request i&4 radlcal_depaiture from the
Copperfield policy. Therefore, our committee wiISuggan11 be asking ail the'pond propertj owners their
opinion regarding-fenchiii out buildings. kennels or other improvements adjacent to the ponds, j
It is our understanding that a public hearing was never hold and we were not`awere of the last
Planning Commission meeting: -:Copperfiold Associates stili,owns the lot adjacent to Duggan's
and Mr. and Mrs. Niemloja own the adjacent north lot. --1 don't believe either owner has signed
a waiver of public hearing. t,
'/4%1.• .t 4...t"ti sy, .•��,u t,3�' ; _ -.�.`: 4 rti. ..l :.t;.'•f� — _'^ '-•,i 'r,' .. •
, b '-a':; .:,,F:- is;. �:2 .• f.r•',._:ti •.. •.,,...•'1�y;,-� Li4if S i
i I have enclosed a -copy 0f Mr.' Duggan'&,Ietter and plan fer'your info> niatiori Onrcommittee.v . s'- --•' _
=asks;thc:City�CoancilY to`i call;' e,-public`hcaring''ss required by:.thc :cityycodca aad allow ,the`:" ,
Coppecfield owtnorsJ iid°,MchlleoturaI Review,Commlttce,to•commen'tiontha vvctland permit . .
request. :.• :£:'>,; .r,�,,... .
J.
- - if -you have any questions please feel free to give'me a call at 471-0573or Jvati, jorklund at
Thank you for your consideration-
Dick Putnam
Copperfield Associates'
!-Architectural Roview_,Co�_umi
't, t
CC: U. Duggan'
_
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_ _ .•��c��,'.:y. -:f`o'ci!}:�:g• "4:.:£�r:t..`.': �;'•,«
5/31/91
To whom it may concern:
We have seen and discussed the plans for Ultan and Terri
Duggan's fence at 2331 Copperfield Drive. The plan indicates
the fence will be constructed of black wrought iron on the r
front and both sides but will be"vinyl clad chain link at the
back. It will be between five and six feet high. It will be
placed at least 6 inches in from the adjoining property
lines. The Duggan's wish to place the back of the fence
close to the pond rather than 75 feet in from the pond which
is specified in the Copperfield covenants. We agree that
this is acceptable to us.
However, our preference would be that the fence surround
the immediate pool area only in order to preserve the natural
beauty in the pond area. We also would prefer that the
entire fence be constructed of wrought iron.
Residents of 2307 Copperfield Drive
Ahto & Linda Niema 0
• �`s:� - , "7`.41. -,..i :`i.... "`.. � � '— � _ "��, _� _ •
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city of
.,, , ., � 1Viendota Heights -
July 11, 1991
Mr. Ultan Duggan
2331 Copperfield Drive
Mendota Heights, MN 55120
Dear Mr. Duggan:
Your application for a Wetlands Permit will be considered by the
City Council at their next regularly scheduled meeting, which will'
be held on Tuesday, July 16, 1991;?'! -The Council meeting starts' at
7:30 o'clock P.M. here -at-City' Hall 'in the Council -Chambers.' I
"You4""'
or a representative should..planon*-'-'attending-the meeting'iri''o rder
that your application wj:ll."receiVe'Council -6onsideratio'n.'-` , -
-The Planning Commission recommended! thait?the'City Councii - approve,
the Wetlands Permit allowing�' `constructed i-ag fence'�It4� 'bei �const * u i ted
accbrding,,to the drawing.submitted-.withPlanning ,Case --N64
The, City -Council called for,,a'Public- Hearing on this Wetlands
Permit.
have any-, questions ;.5, pleasePfe&B freer -to "contact
Sincerely,'
•3
���
� S .'
moi. ~�'�,tr'
.i-.,:+ .:.{'�.5. ..
. •rr' �+. .,?i'
' �F��/{��41'�,I�/4/'�•wT^..��h
_
Kevin Batchelder
'Administrative Assistant'
KLB:mlk
res:
city Co uncil,�"Ag6nda�
L
0
Staff: Mem :to City;:C�oix
X4
.- -L
July 10, 1991
Architectural Review Committee
c/o JoanE. Bjorklund
2324 Field Stone Drive
Mendota Heights, MIS 55120
Dear Members of ARC:
This letter is In response to a neighborhood survey we
received in the mail today regarding a request for variance
for fencing at the rear of a pond lot. We feel compelled to
respond by letter in order to state our opinion regarding
this action.
When we negotiated the purchase of our home, we were told
that there were ordinances in place which included the
following:
1) fencing of any sort was not allowed in
Copperf 1 e 1 d;
2) exterior colors of all houses in Copperfleld were
to be In earth -tones so as to blend in and
complement the environment;
3) dogs were to be leashed at all times when
outside;
4) no detached buildings (regardless of size or shape)
could be placed on any lot;
5) no improvements and/or alterations could be made
on any lot that would affect the wetlands adjacent
to the pond<s).
We gladly accepted these conditions because clearly they
were in the best interest of the neighborhood and the
environment.
We soon realized that variances were obviously easy to come
by. Fences of varying materials were constructed throughout
the neighborhood (including one wrought iron fence that
extends well into the back yard of a pond lot on Field Stone
Drive). A red house appeared on Pond View Drive. Dogs were
allowed to run freely, with or without their owners, Invade
the wetlands, stir up the wildlife, and harass walkers and
Joggers. One animal owner can be seen daily "driving" his
dog around the neighborhood (the dog runs free while the
owner follows In a car). Kennels, hutches, and shacks have
been constructed, and pond residents have altered the
natural wetland environment with extensive landscaping.
We therefore question the need to make a public outcry at a
request for one more fence and we wonder if we have been
provided all the facts. What is the real issue here? Is
the fact that a primary member of ARC happens to have a
history of confrontation with the landowner in question
regarding the CENTEX condominiums relevant to this action?
Are there other political Issues or personal vendettas
driving this survey? We could not support a request to
construct a fence clear to the water (If indeed that is the
owner's intent), but that is a matter for the city council
to decide. Surely the council will be able to objectively
make that decision without a neighborhood uprising! To
bring residents to the council chambers without full
disclosure of all facts is inappropriate. This Issue should
not be difficult to resolve. If there is a good reason for
such a fence, we should have been given an explanation, and
the owner given the courtesy of offering it.
Secondly, the issue of a fence surrounding the pool or
backyard is really a moot point, is it not? The ordinance
prevents fencing, excepting, we believe, that required by
law surrounding a pool; and yet, the ARC has.apparently
already approved many other fences for Copperfield
residents. Why weren't we consulted or polled when those
owners requested ARC approval? Again, we beg the question:
why is this request for a fence a special case requiring
neighborhood action?
It does not appear that fairness would prevail if the
current petition for variance is denied, since a lot on the
same pond already has a fence extending into the area
requiring variance. However, if such an action is
contemplated, then we strongly.suggest that all other fences
in Copperfield be taken down. In spite of an apparent
Interest In Instituting a double standard, we hope that the
ARC sees the issue clearly and resolves the matter in
fairness to all in the community.
Finally, we must take issue with the survey itself. The
document does not give a clear and complete picture of the
Issue, and yet it urges the neighborhood residents to
respond. The response portion clearly attempts to "lead"
the respondent. If one is to distribute such a survey, all
the facts must be presented in an unbiased manner, and the
response portion must be objectively formatted without
"leading". A survey should be unbiased. Yours is not. For
example, the reader must search for the "yes" answer to the
first question. The format for the second question leads
respondents to conclude that fences are allowed. (If
Individuals prefer that no fences be allowed, they have to
write in their responses.) The third question clearly leads
the respondent into thinking that if we allow a fence,
skyscrapers must be coming next. Such hyperbole as "radio
towers" make the author's intent rather transparent.
Surveys such as this one are an injustice to everyone.
If indeed some Copperfleld residents think it necessary to get
into neighborhood controversy and politics, let's hope they
will be mature enough to deal clearly, logically, and
objectively with facts and let the appropriate elected (not
self-appointed) officials make the decisions. Copperfield
will remain a fine place to live as long as residents work
together to keep it that way.
Sincerely
)64�-
Jack and Susan Huber
cc: Mendota Heights City Council
Terry and Ultan Duggan
July 15, 1991
Mendota Heights City Council
1101 Victoria Curve
Mendota Heights, MN 55118
Dear City Councilmembers:
Thank you for your letter concerning the Ulton Terry Duggan wetland easement. After receiving
that letter, we received a survey from ARC concerning the placement of such things as fences, dog
kennels, satellite dishes, and radio towers within the wetland easement.
After receiving that survey, we felt it necessary to write this letter.
First, on the Duggan fence matter, we have absolutely no objection to the Duggan constructing
that fence within the wetland easement. We were approached by the Duggan approximately one
year ago at which time they showed us a blueprint of their overall landscaping plan, including the
fence. We advised the Duggan at that time, and we advise the City Council at this time, that as
far as we are concerned the Duggan have one of the better landscaped yards in the Copperfield
area and we feel that their landscaping, and house, have improved the property values of their
neighbors, including us.
We had hoped to attend the City Council meeting on July 16 to offer our support for the Duggan.
Unfortunately, we have other commitments that cannot be changed.
Second, the survey we received from ARC raises much broader, and significantly different, issues.
We are assuming that those issues will not be addressed by the City Council but, rather will be
handled on an individual basis.
We appreciate ARC's efforts to preserve the scenic easement around the Copperfield ponds.
However, the fence proposed by the Duggan would in no way interfere with our scenic easement.
Finally, I should mention that we have met Ulton Duggan on only one occasion. We are not
writing because of a personal relationship with the Duggan; we are writing because we feel we
are concerned neighbors who feel that the landowners around the pond have all invested
substantially in their property and any decision on wetland issues ought to recognize the right of
the owners of these properties to utilize their property fully. We recognize the need to enforce the
restrictive covenants, but feel that the enforcement should be limited to those situation that truly
effect the scenic easement of others.
Very
�truly
�yours,
C�
T.
TiE NEY
o%
ANNE TIERNEY "
CITY OF MENDOTA HEIGHTS
MEMO
July 16, 1991
TO: Mayor, City Council and City Adminisr r
FROM: James E. Dani s
Public Works it or
SUBJECT: Bridgeview Sh es 2nd Addition - Assessments
DISCUSSION•
Council is being asked to set the assessment hearing for
Bridgeview Shores 2nd Addition for the August 21, 1991 meeting
this evening. We have now finished assembling the costs for the
project and have found that the per lot assessment will be
$12,202.71. This final cost is considerably less than the feasi-
bility projections of up to $15,300 per lot.
ACTION REQUIRED:
For Council information only.
JED:dfw
CITY OF MENDOTA HEIGHTS
MEMO
July 11, 1991
TO: Mayor, City Council and City Administrator
FROM: James E. Danie sand Kevin L. Batcheld
Public Works for Administrative A i
SUBJECT: Case No. 91-1
Mary Anderson Construction
Bridgeview Shores 2nd Addition - Wetlands Permits
DISCUSSION•
Mr. Fred Haas, representing Mary Anderson Homes appeared
before the June 4.,'1991 City Council meeting, to request that six
of his previously*approved, wetlands.permits,for Bridgeview Shores
i.
2nd Addition be revised to,allowfor a surveying error in *the ' -
preliminary plat map (see attached memos). The Planning Commis-
sion had recommended approval of Mr. Haas' request subject to him'
reducing several of the setbacks.
Mr. Jim Losleben; whose' lot-!�abuts one of xthe wetlands lots,
was in the audience,and requested that, a:public•hearing be.,con-.
ducted to consider the permits." Council -'approved,four.of the ...�
permits that were not -near existing'homes, but agreed"to .conduct"
a - public hearing :for ` tots 7 . • &" 8; "'the • two lots nearest Mr.�
Losleben's home.
Mr. Losleben will`be out of town for the July 16th meeting,
so he met with staff to discuss his concerns in advance of the
hearing. At our meeting with Mr. Losleben, staff agreed to raise
the elevation of the pond.nearest his home by six inches on a
trial basis. This was the normal maximum elevation of the pond
before construction.' With that concession, Mr. - Losleben agreed
to support the granting of the wetlands, permits at the setbacks _
- • _ established --by the•>Planning'Commission
f -. - "'C- , . •. •. - , . .. ' n •• _. ' - ... ' itf. it -
RECO fENDATION • NIlKs . ;=�a; .. ;-:-•
` r=
At•their May meeting the Planning Commission• voted: to waive
`their public hearing`and grant wetlands permits for Lots 7 and 8,,
'Block 1, Bridgeview Shores 2nd Addition according to the folloja"+.:•
ing setbacks:
LOT. ORIGINAL REQUESTED PLANNING COMMISSION
APPROVAL SETBACK. RECOMMENDED SETBACK
7 65' 45' 50'
8, 85' 601, 701
CTION2EQUIRED:
_•�
.:� x t' :' ,,• Conduct -`°the public': -hearing land .if -Council'= desires` to Y
meet' Planning
Comm1SS o
� gi n ,recommendation
,,�`,� �• ._ ,� they „sh _ f ass.; a'������,:+. ��-=•s
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v�Jr �7 !.�=`•`_y k�. ;'$'�' a t -.y -t. -.xt �rt "T♦ ..Yt:. T-'SiS y
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:tx.. ya 4,w .;C✓. - �"i`5'" _ �.:: n.�... ... ., iU�:'>c.h _ .{i:. ... A:%�; '.i''.rs-<ytr ,•••fit:+.
CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING
s
June 26, 1991
TO WHOM IT MAY CONCERN: _-
T —!
NOTICE is hereby given that the City Council of the City of
Mendota Heights will meet at 8:15 o'clock P.M., or as soon as
possible thereafter, on Tuesday, July 16, 1991, in the City Hall
Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota,
to consider an application from Marv; Anderson.Construction.for
_
Wetlands Permit adjustments to allow construction of` single family
homes on the following described properties:_
Lots `7 and 81 ' Block' 1; Bridgeviet .,,Shores_ 2nd Addition`
More particularly, these properties are located at
2469 Westview Terrace and 2465�.Westview,:Terrace. -
- ..� ate! .,>.�.i3 ;?w .. '-"? + :,'# . •� ... . , .{.7, _, ,.. .., :. ... -. .... _� iz,,.=: - ,... r. •,.... c:'..... .. _ «. _,.. .
`�..n. ,.. ;•. ,- a a� y. �. !':.�.:-•; v, t� 'w ._ °•b- ;., .: .-.." h ,:. •� s:: ; :.,:. f?... ; C: �"'T')
'This notice;_is`pursuant to City'of'.Mendota Heights Ordinance
No. 401. ' Such persons as 'desire' to, be heard with: reference -to :the
proposed Wetlands Permit adjustment"will 'be heard.at,,this meeting.`
Kathleen M. Swanson
City Clerk, -
1,: _'-T�" ... .-_•. ::? _•ti��'
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CITY OF MENDOTA HEIGHTS
A. - May 29,//1991
TO: Mayor, City Council and City Adminis4a — -
FROM: James E. Danielson, Public Works Dire
Kevin Batchelder, Administrative Assista
SUBJECT: CASE NO. 91-15: Mary Anderson Construction -
Mr. Fred Haas - Wetlands Permit
DISCUSSION
Mr. Fred Haas, representing Mary Anderson Construction,
appeared before the May Planning Commission meeting to request'
amendments to several of their previously approved Wetlands setback
permits. See attached memos and Planner's Report.
is ,At the meeting, the Planning Commission expressed some concern'
regarding the•;house pad setback proximity to"the1-Wetlands.":'In,
particular,' the Planning Commission did not want -to go below'a
fifty foot (501) Wetlands setback if the homes could be designed in ry
such a 'manner 'to accommodate' this.'- The Planning Commission
negotiated the following adjustments to`the requested -setbacks:',
ORIGINAL PLANNING COMMISSION
LOT APPROVAL REQUESTED RECOMMENDATION
�r. •:3. - , r. 5 ' 651_ �-401 501,4 601; 561 601
s: a7ttf�, �...,..,.., r:' :.65� Y4•... 45'
i•s1»..•8 '`- .k, :.:.:. i:`85'¢�'t 3a,',ij . W'3:ti; .601.x. ;,�x'''� »- r. s�, i`.. i-- '.i.10 - x: `;i:?,•`': L:
H 70'::L•� �f: ? �h fir: t3.`: ;. 65 ���.0 a. ;�< ��':.' :"�. t.70 �4 ,;� •r ti.
1 97' 88' 88'
RECOMMENDATION ~ •- �= `` .. ;tF,':': rw� _ r J r-,: i ....;.� .^?��:
.. ♦* 3,',. t'�/ '.74d -i. .•a ,. )'.. .�. 1 .. .. ::}'i yni .•.. y,' -. - ,-1 =iJ~ Y 't 4 _ [ �T P.. t, _ • {.^ �'•,t (>J
The Planning Commission voted unanimously to waive the public
hearing and . recommend =that'the••City Council•grant the Wetlands
Permit as revised in the above chart.
ACTION REQUIRED =
If the City' '=Council"` ' desires = `to s- implement', the Planning
Commission's recommendationthey`sliould pass a'moton waiving the
public hearing and' approving the-- Wetiands: Permit'as". listed: in -.the
chart above. Y: _ _ :,:r:.A, y��: s:. _ � e _, , - _• . i.
JED/KLB: kkb
10
CITY OF MENDOTA HEIGHTS
MEMO
May 22, 1991
TO: Planning Commission
FROM: James E. Danielson, Public Works Director
Kevin Batchelder, Administrative Assistan�t�
SUBJECT: CASE NO. 91-15: Marvin H. Anderson Construction -
Wetlands Permit
DISCUSSION
Marvin Anderson Construction, •builders - in fthe ' City's`
Bridgeview Shores neighborhood, recently applied for a building
permit.to construct a house with a deck..- The -proposed house showed
plans for.. a .deck . that • would encroach,, upon the previously approved-:..
Wetlands 'setback•that had been granted at the time of subdivision::,
As,. the Planning Commission will recall, we have recently begun'
considering decks as an encroachment on - the •Wetlandsr;System.rfr,
(Please refer.to Planning Report, Smith,Wetlands;-dated Apri1,231«-`
1991, for discussion of decks and wetlands).
Staff informed Marvin Anderson Construction that the deck
would require -a readjustment of the existing Wetlands"Permit, at
which time, Marvin Anderson 9Construction reviewed their other
existing pre -approved Wetlands ,Permits. They discovered that..they
need to request adjustments to three houses to:allow decks and --four
houses to .allow adjusted building pads.,--, (Seefattached letter from .:
Mr.'7,Fred' Haas :ofnstruction), - 44 • -.= '
Marvin Anderson. Co
- -:- r`• 'nY .. ,, ,. 2 fti� _.'` .' ...: .. Fig _ `",v �. .-.'{ -
ACTION REQUIRED c" s
4_,
Consider waiving the public hearing and make a recommendation:
to the City Council on the following Wetlands setback -adjustments:
.. � t 1,.• .r. c:. '' a�'°...i�J :,' .,'x.t T. .•tLA • .
All 'in` Block 'i, Bridgeview- `Shores =2nd .Addition
.:= . .... f. 'A . _ . ... ... y .
Lot 3 - Approved•65' Request 40'
Lot 4 -Approved 601 Request 56 -
Lot 7 - Approved 65' Request 45'
Lot , 8 Approved 85 ! .,t ;Request•. 60'
.: Lot; 9 _°._Approved„ 7 0' z y Re est v !
:�i.s `v...it•ti +; Fi .'� �' >fx 6,5 '45.'J'
Lot 1-1*..,!.-. Approvedp 97,!,r Request ,88'
-Lot2 -Approved 95' Request' 83'
.. JED/KLB.kkb
. -°�. .isr : }'; ' ai"' z . ::3', .,r.* k:' �:.r . ,3., - 'ii.:'•tit:C..tx�:,'''i--;::'^'.,:%._•;`<k;1-i. iia:;�+'---c',•.?r.,.,'• _ t.. = ..r :t `aS :4.-•tye;:'.
PLANNING REPORT
DATE:
CASE NUMBER:
M
APPLICANT:
LOCATION:
ACTION REQUESTED:
PLANNING CONSIDERATIONS:
28 May 1991
91-15
Marvin Anderson
Construction Co.
Lots 3,4,7,8,9,11 and
12, Block 1 Bridgeview
Shores 2nd Addition
Wetlands'Permit
1. The applicant.. is requesting revisions to` -,they preapproved
Wetlands Permts previously granted" for"_.the: seven' lots
identified, above in 'the"'Bridgeview Shores subdivision.
Mr.' Fred " " Haas, ` ` ' representing`` --the "` ,Marvin : ,- Anderson=
Construction Co. Homes;'"states *..in' hiss letter "`-that '"when
the preliminary plans• were, prepared for , the . , subdivision,
the topography was not registered-with..the boundary survey
correctly. This.problem1wasr:originally;discovered :during
'the siting, of ' homes in the"first addition.-` Apparently the
-amount of error' has .been as great :, ,.as 30.'� feet'
some
areas. This problem was partially 'due `to '''the `fact ` "that !
the developer used Markhurd topography: �"Thid'.,.,topography
is prepared .from , aerial, photographs which ,,may' • have a.been
taken' at a 'time when these' ponds were low: .w -This
information was provided by the City and is"dommonly`"used
-T n. dur-ing , the• ,preliminary ,.plat• ..s"tage of"the, .review,, .process .
However ,pit `is '"' `'•'7 r
`nornially�y advsableY;aoobtain/z a `';topographic
._ .t. E.,..: .• di t �'rr' .J ':�.x
«survey. -.prior ,to ~preparing thea with.. xespect;;to ,they; boundary ;E..4,
,,,,_vsurvey �informationi , significapt�:features,.s.,, 1ki§ , ,ponds with";
t ,respectito -the-boundary > surveyrt, info`r°matlon. • t •V ,•x
`3"{•� = .- ;'^. ... r ..i: �`. : i, xr. N . .0 •ia1iV � � x � ..r;.i.:.F ." c3 �;3 A.13:5-�� a'';+,.,`+E:�i�ir"i� Y ,
•—..Y y .,x.., h R.. .,M -`l3 ,thea.. t
V' ' -x the %. `. ' ✓='�. �`•y "` ..y 4.}.2. ..,�y
,x The City, has `-right �o .expect.,that� a hformation-they
„ . are r provided,. during _the': subdivision . approval;." process is
:accurate:; { ;It .:is in .every_one!s bests, interest ,�to, make :J;'sure
'that water bodies, wetlands and ,.other.,significant.features
of the property are accurately located,_-particularly1iwhen
there are;regulatory_.,issues involved
a
., •. f. .,,. r {y..:r�..f ;..: ,•.. ri: •t -..i;,,, .. r...,J•r :... .� rP]rr�,
2 ` Having, said,ahis.,..we ,ar`e' faced .'with the ;task: of 4• ..resolving
issue • .Fortunately the ;lots 74
. , :. - - i:n. this.' development, � are
large 'even, ..by,-' Mendota; .Heights- J� staridaids. ` ;'This ,,ihelps .
:;reduce , the -impact-"of, develdp*eht .•on>,,adjacent;�wetlands.F. -_in
"addition;>•the Wetland `Permit.`adjiistments `for:'J three of the s
,�. �q`,.s'even .lots , ri. questionj Mare
^/-of decks �
. ti �r __ i . ... . � .:,1. • ;c.zs :,T,�tr: w : �.Q i� Ga 4,jy;. ti..L.'� tl��.i .Zl.
hin the preapproved,,rsetback Cdec� zo These,� .a;ots ,,9 11� andi_,,:'
es
;.l. -F f ..t .- •,d.�d•z �>.+.a; �», •:,ed ,3, a fx.z. .-.. y r�e1-,.3's�At�-:a; ��,F..i•.�� -, - _�., o4i",;r;.,,a •_�
�A`,The�issue z�rith''xespect<<nto ks-iso tlie`same }_. here.
as
.a. ..i:....r. • •�'• _ 3i> �; : � ai..I ,:. �. � r?f :.:t sr.a:;•M. hrti� s; t•:r-J��t rs.�.,: iii;~ Vit:.:. �,..fi - +� `.
-���`�.i: �.rs�:-:.,'.?i�,.e:. xs�y.>��::fit:Y �:'3'�" ' �.�� " � x ;u'- c,.. x.,d:•:,,: ' �� ��..- .--. - � "�' �' �_
,k L:J�•":-p.i.;i.�,a•.�"f.�.-.3�,a'�"��z.�y�. :.,�'' -�. �K.• �j::�•yst'�};a:t�'�'... ;.y., i ... -
. c a�)-i.'�•�''"-°�':' de' S ia'�1.i..> k7..i' �� = G:, �� E� ^ixa�y',SJ •
Havin Anderson constr. Co., Case 91-15
Page 2
it is for the lots in the Hampshire Estates area where we
are currently reviewing several similar requests and where
the City has granted�`such adjustments in the past.
3. The amount of encroachment created by the deck on lot 11
could be reduced slightly by rotating the home on this lot
in a clockwise direction and shifting it several feet to
the west. The drawbacks to this placement are that it
puts the house off center on the lot and results in it
being skewed from the street. These irregularities,
however, can create interest and variety . in a
neighborhood.
4. There are four lots where the additional encroachment
includes a portion of the house. These are lots 3, 4; 7,
and S. In the case of lot 4 the additional encroachment
is only 4 feet., This is another lot which may benefit by
making adjustments to the orientation of the house. In
fact rotating this.house counterclockwise could_ eliminate
the additional encroachment entirely.*
The lots with the most severe encroachments are'3,- 7, and
S. Lot 3 was previously approved for a. 65 foot setback
and would now be located within 40 feet of the wetland, an
adjustment of 25 feet. Lot 7 while proposed to be within
43 feet of the wetland will *only encroach an additional 3
feet over the previously approved 46 foot- setback. The
house on lot 8 is proposed to be within 60 feet' of the
wetland, a 25 foot additional` encroachment' over' the 85
foot approved setback.
5 : .' The ' Wet'land Ordinance ' establishes 23 'criteria which ". must
be `inet 'before `a . permit • can -bei approved. Many "-of W` these
_ criteria are'_ not ",applicable ,` in : this case :'since . they
regulate dredging'' 'And` other- non -related �aativities .�' The
primary factors 'to` 'consider =. when r' reviewing `r developments
with single family homes near, wetlands. are,.related to
vegetation`removal',Isoil erosion;'the`infiltration of silt
into the pond `' during 'construction, increases " in " storm.
water `runoff into wetlands,- and the potential'- "for' flood
damage to`the.structures " `
The removal of vegetation` is not -an issue in - this' case
since_the property:where the. proposed homes are to be
'located.contains.`no significant overstory vegetation. In
addition the'area within 20 feet of the pond; where` there
may be underbrush capable of supporting_ wetland'.' habitat,
is` to "T -'remain undisturbed • 'throughout.;.' the ' ' construction
r process.' The ,lowest - floor: - elevations of-- the M .proposed
'--homes` must be at °least'-three`rfeet. above' 'the' normal' high
�tfx3:' ,'.. - t''
that
�r water- level- of�"the- ponds'. The, City''"• •�s�ioiild � }require` ,; .
' ext":}`measures be' taken during 'and' after `''rconsiruction to',
prevent soil erosion -entering the ponds, including, the
useof siltation barriers.
Mavin Anderson constr. Co., Case 91-15 Page 3
6.
The requested adjustments to the Wetlands Permits
previously granted for, these lots should not significantly
diminish the overall X character of the area or further
endanger the quality of the wetland environments
surrounding these ponds. However, we would recommend that
the developer be required to take extra precautions during
the construction of these homes to protect the ponds from
any,adverse impacts. In addition, we would suggest that
consideration be given to adjusting the -homes on lots 4
and 11 as discussed'earlier in this report. Finally, we
strongly advise that in the future developers be required
to provide accurate •survey information locating- all
wetlands prior,to the approval of the final plat so this
situation does not happen again.
..-, _ $• F.a t` •[
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' =Anderson HnmPs,
May 9, 1991
City Staff
Planning Commission
Council Members
City of Mendota Heights
Dear Members:
I am submitting for your consideration this revised
wetlands setback plan for Bridgeview Shores --2nd Addition.;';..,
As shown on this plan, we are requesting a variance in
setback on seven lots. =
When we first submitted•our preliminary plan for the
overall development, I was unaware that the topography
was not adjusted,to the boundary survey correctly. When
the final plat was completed, the shore lines were
measured to the lot corners and it was shown now in a
different location. I now wish to revise the setbacks
so that construction of new homes can be accomplished
without ...having, for re -submit to,.the ,city ;_for ,variance....,.K.
t .The last -building permit, .whichr`,I,.had�.approved, _was
=_'>on lot 9,• block 1, Bridgeview -Shores 2nd Addition. Paul
Bergnotified me „=that decks without foundations•c'or ,.with:?qkt, .
out_ roof s ' were no longer' permitted within the -lakeshore
setback. Prior to this permit;:;::the setbackt:was- only to
"a foundation wall. This revised plan showing new set-
backs with decks in place.
The following is a list of the variance request.
ALL IN BLOCK -1, BRIDGEVIEW SHORES
2ND ADDITION
•
� v Yb_
-
_ Lot 3'- :Approved 65' Request '40'
=' r Yt
°,it.'.4 s rApproved 60' .Request `56' x .
;yr . .. -'
Lot�77 ,7.vAPprov,ed 65' -*Request .45'
�_,d,:..1•,'!
_
i %t.f.ti .`.j: F_'i f=`-�^ '
to roved' ,•85 "Rey uest -.60 .'w
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A, k A AD, A. A
Applicant Name:
City' of
Mendota Heights
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
(Last)
Case No. G I-15 -
Date of Application �–
Fee Paid 151 nr) Pent a 5_90cl
Address: 9"zy"weev �
/`1me'- � 4/rl�.�/���Z�
(Number & Street)-, (City)
(State) (Zip) :. __ ,
Owner Name: f
(Last) (Furst)
Address:
(Number & Street) (City)
(State) (Zip)
�,:,.,',�
' Street Location ofProperty in' Qu •.
– /�'
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,,. .. •,�: - .,-.:>1,.;-:.....r}p ..t- - .� ,
Legal Description of Property '��>
Type of Request:
Rezoning _; r , ' t>;
Variance
Conditional Use
Subdivision
Conditional Use Permit forP.U.D. f _ Wetlands Perini u �-°
PlanA rovd-",%. Other_ (attach
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�ApplicablefaOrdinance
City Number'.. �..-�_ � �::�s.;�� : �
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Present Zoning of Property Present.Use
.. _ , -' 1 ,
Proposed Zoning of Property Proposed Use
f ...'1:" s<' ` •` -
I hereby declare that all statements made m this request and o on
al
- material are true. ; . ' ..., : ; - '4 ,�.• ' pD (/:
tune "
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Page 2
May 9, 1991
City Staff
City of Mendota Heights
Lot 9 - Approved 70' Request 65'
Lot 11 - Approved 97' Request 88
Lot 12 - Approved 95' Request 83'
I want to thank you for your consideration in
this matter: I am attempting•to reduce•the need for*
taking up your time in regards to wetland setbacks
requests by doing this at one time for this 2nd
Addition.
These seven lots under consideration average
23,350 square feet above high water -'level - well above
the minimum lot size required.
f
Sincerely,
MARV AN RSON HOMES
6 1. 6 ecl�
Fred E. Haas
Vice Pres. - Land Development
FEH/cjp
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MAAAA
City of
JA Mendota Heights
May 22, 1991
X
Mr. Fred H. Haas
Mary Anderson Construction
8901 Lyndale Avenue South
Minneapolis, MN 55420
Dear Mr. Haas:
Your application for a Wetlands Permit will be
considered by the Planning Commission at their next regularly
scheduled meeting, which will be held on Tuesday, Mav 28, 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:kkb _
z. , ._.''C.••1' 101..i'V• _ ietoriasCa. _ . , :'i.• 's�::`C•�r�j , -. i.:ps-sli. J��1•:';<_521850.=, y_.�.L,•, . ..=.
'urve...VendotaHVN r
A ALI, k i , ji I City of
A BI&A Mendota Heights
July 12, 1991
Mr. Fred Haas
Mary Anderson Construction*
8901 Lyndale Avenue South
Bloomington, MN 55420
Dear Mr. Haas:
Your application for a Wetlands Permit will be considered by the
City Council at their next regularly scheduled meeting, which will
be held on Tuesday, July 16, 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 Pla,nnin, q Commission recommended.'that the City Council approve
the Wetlands Permit allowing single familly homes , to be constructed
according to the drawings submitted with Plannin'g.case No. 91-15.
The --City Council called for a Public Hearing on Wetlands
Permits,for-Lots 7 -and 6.
-
if-&iNe`-any questions,
'
piease-fee yfreeto me.
Sincerely,'.*
Kevin BiLichelddr
Administrative Assistant
Enclosure's:„r Cit council',
'00
,.,,:Staff Memo to
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CITY OF MENDOTA HEIGHTS
MEMO
July 11, 1991
TO: Mayor, City Council, City Adminis
FROM: Kathleen M. Swanson
City Clerk
SUBJECT: Zoning Ordinance Recodification
At its regular on June 25th, the Planning Commission
conducted a public hearing on the recodification of the Zoning
Ordinance. Council hearing on the Ordinance is.scheduled for
July 16th. The purpose of this memo _is two -fold: to provide a
brief history on the recodification and an associated
recommendation; and to review the changes proposed by the
Commission and the affect they would have on the Ordinance.
HISTORY
Before reviewing the history of the recodification process, -
it seems to me that defining the term "recodification" is most
appropriate. A codified ordinance is one which is complete - all
of its provisions are contained within'it and are current. To,°
re -codify an ordinance is to begin with a codified document and
incorporate within it all amendments which have occurred over a
period of years. Recodification generally also entails updating
language to reflect current terminology,- cleaning up inconsistent'
provisions, incorporating statute changes which have occurred; -
since codification, and amending or adding provisions to refine
standards and requirements.— , -Exampies of the
-refinement and consolidation -of -requirements for commercial=-"'
landscaping.w .Although the,;existing;.-ordinance=requires �i6z,=j s.= i -?I, _
commercial/industrial..district,�landscaping <,fthe -guidelines•are-
not sufficient° to -provide a -,goal, either -;for an- applicant for.the
Council.':. The -introduction ofzignificant,,new =provisionslt(unl6ss
they incorporate',provisions ,,required in' -State Statute) �or
deletion -of significant Ordinance':provisions ,is•,generall"*not`'8 "
done as part of recodification. These actions more -appropriately
occur at publici hearings specifically called •for .such •purpose, . to
afford individual notice to owners of property which would•be-•�
affected by the action.
The City's Zoning Ordinance was originally codified in 1973.
It was recodified in -1981. ..Since that time, -numerous amending
ordinances have been adopted.; -The City -Council identified°Zoning
Ordinance recodification and,updating'as a high priority several
.years ,ago.;`•, In .•1988; the Council and Planning'- Commission' met<=in
point workshop to identify issues which.shbuld be addressed as,,,
Zoning Ordinance Recodification Page 2
part of a recodification process. Staff incorporated ordinance
amendments which had occurred since 1981 into the Zoning
Ordinance and recommended language to address the issues
identified at the workshop. The two bodies met again in joint
workshop in 1990 to review an initial draft of the
recodification. As the result, a number of changes were made,
and the proposed recodification draft was distributed to Council
last month.
INFORMATION
The purpose of the Planning Commission's public hearing was
to receive and consider public comments with respect to the
proposed draft Ordinance which had been referred by Council.
With the exception of Commissioner Friel, all of the Commission
members had participated in the joint workshops which generated
the majority of the Ordinance changes. Mr. Friel and I met on
June 24th, and a memo containing changes recommended as a result
of our meeting was referred to the Commission. There were no
public comments at the Planning Commission hearing.
DISCUSSION
For discussion purposes, I have organized the Commission's
recommendations into four categories: "housekeeping" changes,
changes to language which was drafted at the joint meetings,
suggestions by individual members for new provisions not raised
in workshop discussions, and Commission motion for significant
change to the current ordinance, again not raised at the
workshops.
ousekeenina Chancres
The attached,"Zoning Ordinance: :Proposed Housekeeping
Changes" gives a -comparison of existing°draft/Commission-
proposed language for. all but two of the 'housekeeping" :i , .-I
changes suggested by the Commission., -.The suggested changes-,.
which precede the dashed line on the second page of the,
attachment clean up some of the ordinance language and are
also recommended staff. Council may wish to discuss the
Commission suggestion and associated comments which are on
the second page. j.
Changes to Language Drafted at Joint Meetings
The Planning Commission has recommended changes=to two
Ordinance sections which had been re -written as the result
of considerable discussion during the June, 1990 joint,,.
workshop. The recommendations relate to lighting standards
Zoning Ordinance Recodification Page 3
for all districts and the area of water which may be used
for density calculation in a P.U.D.
A
X
Lighting Standards
As Council may recall, the revised lighting standards
section was prepared by NSP's legal counsel at the
request of the City. The existing ordinance language is
as follows: "Lights for illuminating parking areas,
loading areas or yards for safety and security purposes,
are allowed provided the direct source of light isnot
visible from the public right-of-way or adjacent
residential property:"* The revised language -contained in
the June 25th Ordinance draft (Section 20.14) is: "Lights
for illuminating parking areas, loading areas or yards
for safety -and security purposes, shall •be•permitted if'
no adjacent property owner, within 150 feet of the light
source, shall have•hisfher use or enjoyment of that
property interfered -with.
The Planning Commission has -recommended that lumens be
used as a standard rather than distance'in feet.--The-
City Planner has provided lighting standards contained in
--the Burnsville -and Minnetonka zoning ordinances. -'Those
excerpts are 'attached for Council review.' -
Wetland Credit
There was a great deal-of';,discussion at the June, 1990
joint workshop with respect to establishin=g 'a maximum
allowable credit -for -water area•in•the calculation of
r density` for; a� PUD '(Section 22:3 (3)'. `<The,;existing
- tea+ •�•s+.a¢,.Ordinance•sec • .' r kir .• N ry. .f.. rY.:v,::.yy, .. ,,'(.• 1
tiori••does not�.�set�•a maximum Y%' itU provides -. -- ..,. =4•
t %' • thAt•�the<•.calcuY•ation -16r' ��'tfie7W'mlier ofYunits `in a PUD is
the' -net -acreage 'of-theaprojectw`divded4-bl' a -required'
- lot area per,.'dwelling unit required. in the, zoning,
�=Ydistrict�with'iii•-which the''PUD, is propose d'yto be"located:"
,4:.-ii%rf.iy °�-�i r...:. k.'.r:lr "iS%::F.... C;r=.'S„,]:itil�5ti.a;. )�`�£.`.16, .,- ,i. .:�: �.l �•�r�,:;
Section 22.3 (3) Of the 'June25th' draft^ordinance . ,
's provides that°Ithe lesser' -°of a maximum"of- five, acres of
water or 10% of the total land area may be used in•
density=calculatiori I-• •, The: °Planning'~Commission recommends
that therexbe`no'den'sitytransfer'`for�water- are
a`;"°�
recommending °that Section 22? 3f(3;) bew revisedt so': thatz,11F`no
' poitiori�eof -aayNwetlands; 8 .they average high:`water`
_tot`th`=bemarking indicatedpronie "sa'hclu'd'
ed=for
- =purposes -of ca•lculating�� land4�density." ti - •
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Zoning Ordinance Recodification Page 4
Suggestions by Individual Commission Members
A member of the zommission suggested that a guideline
policy be established for approval of Comprehensive Plan
Amendments. The Commission did not act on the suggestion,
and staff recommends that no action be taken by Council.
Approving or denying -a comprehensive plan amendment is a
legislative decision of Council. No test is necessary for
denial. An applicant for comprehensive plan amendment might
assume that adherence to a set of specified guidelines would
imply a right to an amendment. It is the opinion of staff
that if no policy guidelines are established, Council has
total discretion with respect to Comprehensive Plan
amendments.
Commission Recommendations for Significant New Provisions
The Planning Commission recommended that comprehensive
traffic management be included within the Zoning Ordinance.
This issue was not raised for discussion at either of the
workshops. The following is an excerpt from the June 25th
Planning Commission minutes:
"Commissioner Tilsen briefly discussed the possibility
of including (within the Zoning Ordinance)
Comprehensive Traffic Management. He stated that
traffic management should be considered during the
planned unit development process. He stated that
traffic management should be considered especially in
the industrial area of the City. He stated that ride
shares, park and rides, etc. should all be given
attention in preserving the integrity of land. He
stated that the.land.use in the industrial area should
be used more efficiently with respect -to the amount of
land parking space takes up.
Commissioner Tilsen moved to recommend that the City
Council include Comprehensive Traffic Management within
the Zoning Ordinance. 4.
Chair Dwyer seconded the motion. Ayes: 7 Nays: 0"
I am not entirely sure that I understand what the
Commission's intent was with respect to crafting
comprehensive traffic management provisions. It is
obviously the desire of the Commission to encourage ride -
sharing and park and ride availability, and to reduce the
requirement for parking spaces in industrial districts and
PUD's. Parking spaces are currently calculated based on a
Structure's square footage and use. It is.apparently the
'desire of'�the Commission to allow a reduction in the parking
r space requirement,(thereby reducing the amount of impervious
Zoning Ordinance Recodification Page 5
surface) for developments which require (encourage) ride -
sharing. While the intent is good, I frankly don't know how
enforceable language mould be crafted. Properties change
ownership routinely throughout the City, both industrial
buildings and units within residential PUD's. A written
agreement on ride -sharing (and subsequent parking area
reduction) from the -owner of a structure would not bind a
subsequent owner to the same commitment.
I would not recommend that a "traffic management
component" be incorporated into the recodified ordinance.
Such a component can certainly be added by an ordinance
amendment in the future, after clarification of the
Commission's intent, and adequate research and discussion.
Commission Motion for Significant Change to Existing Ordinance
The final Commission recommendation to be discussed is
by far the most significant. On a six to one vote, the
Planning Commission recommended that Section 13 be deleted
from the Ordinance. Section 13, the Planned Unit
Development District section which defines HR -PUD, MR -PUD,
and LB -PUD districts, was adopted as an ordinance amendment
(Ordinance No. 245), after public hearing, in December,
1987.
The developed phases of Kensington are currently zoned
HR and MR -PUD. An application for the rezoning of portions
of the remaining Centex property to MR and HR -PUD will be
considered at public hearing before the Planning Commission
this month. No other properties are currently zoned as PUD
districts, nor are any other applications pending for
rezoning to PUD district.
It.is my opinion,'and that'of the City Attorney, that
.the elimination of a zoning district is outside of the
acceptable scope of a recodification process. In this
particular case, elimination of the district would require
the rezoning of property already zoned PUD District (which
cannot be done without public notification and hearing).
Additionally, since the recodification is not retroactive
the PUD District regulations would still be applicable to
the Centex rezoning request. If Council agrees with the
majority of the Commission, it is our recommendation that a
proposed Zoning Ordinance amendment, and rezoning, be
referred to the Planning Commission for public hearing after
adoption of the recodified ordinance.
,r
During the process of reviewing the Commission's
recommendation to delete the -PUD District section of the
Ordinance,•one,oversight was discovered. �The PUD District ^
Zoning Ordinance Recodification
Page 6
regulations do not address the issue of credit for water area.
If Council chooses not to eliminate section 13, the language that
Council approves for Section -22.3 (see Wetland Credit above) will
be added to Section 13.2(3).
I recommend that Council review the Planning Commission
recommendations and adopt the recodified Zoning Ordinance as
revised by Council on Tuesday evening. I further recommend that
Council review the attached summary of the ordinance and order
its publication, if it is determined that the summary clearly
informs the public of the intent and effect of the ordinance.
ACTION REQUIRED
Council should:
1. Conduct the public hearing and consider.public comments,
Council comments and Planning.Commission,recommen-,:<c;
dations;
2. Direct Ordinance revisions deemed appropriate,byY
Council; ,<-f
3. Move adoption of Ordinance No. 276, "AN ORDINANCE "
AMENDING, RESTATING AND RECODIFYING ORDINANCE NO. 401."
revised as directed by Council.
4. Move to approve'the•attached Isummary of"the Zoning
Ordinance and direct its publication according,to law.
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Zoning Ordinance: Proposed Housekeeping Changes (Page 2)
Language in Existing Draft:
5.9(4)d 5. The character and approximate density
of dwelling units.
22.2 RIGHTS TO A PLANNED UNIT DEVELOPMENT
The use of more flexible regulations in the
development of land under the Plann6d Unit
Development Section may be approved if all
of the conditions in Section 22.3 are found to
exist and if it is determined that it Is in the
overall community Interest to do so. The use
of these techniques is not an assumed right,
but is a discretionary privilege which may be
granted If all of the conditions are adhered to
and it is determined by the City Council that
the use of a Planned Unit Development
process and land development is in the
community interest.
22.16(1) The Council shall issue a certificate certifying
the completion of each phase of the Planned
Unit Development, and the Clerk of the
Planning Commission shall note the Issuance
22.16(3)a ... No change authorized by this section
may increase the cube of any building or
structure by more than ten (10) percent.
Proposed by Planning Commission
5.9(4)d 5. The character and appFeximate
density of dwelling units.
22.2 RIGHTS TO A PLANNED UNIT DEVELOPMENT
The use of more flexible regulations in the
development of land under the Planned Unit
Development Section may be approved if all of
the conditions in Section 22.3 are found to exist
and if it is determined that it Is In the overall
community interest to do so. The use of these
techniques Is not an assumed right, but Is a
discretionary privilege which may be granted
by the City CounclLifln- is determination Wall•
the use of
a Planned Unit Development process and land
development is in the community Interest and
all of the conditions are adhered to.
22.16(1) The Council shall Issue a certificate certify-
ing the completion of each phase of the
Planned Unit Development, and theiSS.t)C Clerk
ef the Planning Gemmlsslefi shall note the
Issuance ...
22.16(3)a ... No change authorized by this section
may increase the eube cubic feet of any
building or structure by more than ten (10)
percent.
Planning Commission Recommendation: Staff Comments:
Page 1, Section 2 - Intent and Purpose
— protecting the public health,
morals, comfort, convenience
general welfare of the community.
In.the opinion of staff, the added language Is
safety, redundant. The original language states that the
and. Intent and purpose is to protect the health, etc.,
of the p11. Iii , which term would encompasses
residents of the city and those who work In and
travel through the community.
Zoning Ordinance: Proposed Housekeeping Changes
Language in Existing Draft:
3.2(77) Mining: The extraction of sand, gravel,
rock, soil or other material from the land In
the amount. of 400 cubic yards or more
and the removal from the site, except
grading and/or excavation in connection
with an approved development or building
plan for which permits have been Issued.
4.13 The extraction of sand, gravel, or other
material from the land in the amount of
four hundred (400) cubic yards or more
and removal thereof from the site, except
grading and/or excavation in connection
With an approved development or building
plan for which permits have been issued.
In all districts the conduct of mining shall
be permitted only upon Issuance of a
conditional use permit. Such permit....
Section 4.15(1) Definitions
4.15(1)a Design Flood; 4.15(1)b
Floodplain District; 4.15(1)c Floodway
District; 4.15(1)d Flood Water
Section 4.17(3)a, #2 Professionally designed
pre -cast concrete units if the surfaces
have been' integrally treated with an
applied decorative material or texture, or
decorative block If incorporated in a
building design which is compatible with
other development throughout the district
may also be used.
4.17(3)e Design and maintenance of off-street i.,: t-zt,
parking in accordance with Section 21 -of X'l k:
this Ordinance.
Section 5.3(3) The Planning Commission, as the
Board of Appeals, may...
Section 5.5(1) Purpose. The Council may ...
and the variance, If granted, will not alter
the essential character' of the
neighborhood. Economic considerations
alone shall not constitute an undue
hardship if reasonable use forthe property
exists under this Ordinance.
Section 5.5(5) issuance. In considering ... will
not merely serve as a convenience to the
applicant, but is necessary to alleviate
demonstrable hardship.or difficulty, the... -
Proposed by Planning Commission
3.2(77) Mining: The extraction of sand, gravel,
rock, soil or other material from the land in
the amount of 400 cubic yards or more
and the removal from the site, except
grading and/or excavation in connection
with an approved development or building
plan for which permits have been issued
by the City Council.
4.13 ,
material fFeFn the land in the amA nt
In all districts the conduct of mining shall
be permitted only upon issuance of a
conditional use permiL Such permit....
Section 4.15(1) Definitions
Move 4.15(1) a through 4.15(1)d to the
definition section (Section 3.2)
Section 4.17(3)a, #2 Professionally designed
pre -cast concrete units if the surfaces
have been integrally treated with an
applied decorative material or texture, or
decorative block if incorporated in a
building design which is compatible with .
other development throughout the
district wayalse-be-used.
4.17(3)e Design and maintenance of off-street
parking shall' .,be `in 'accordance -with
Section 21 of this Ordinance.
Section 5.3(3) The Planning Commission, as the
Board of Zoning Appeals, may...
Section 5.5(1) Purpose. The Council may ...
and the variance, if granted, will not alter
the essential character of the
neighborhood. Economic considerations
elene shall not constitute an undue
hardship if reasonable use forthe property
exists under this Ordinance.
Section 5.5(5) Issuance. Wconsidering ... will
not merely serve as a convenience to the ,
applicant, but is necessary to alleviate
dernenst+able undue hardship,,-.-. or
difficulty, the ...
CITY OF MENDOTA HEIGHTS
MEMO
July 10, 1991
TO: Mayor, City Council and City Adminis4
.,4,,,
FROM: Klayton H. Eckles, Civil Engineer 05-,
SUBJECT: Water, Storm Sewer, Streets, Pedway & Street Lights
Mendota Heights Road
Job No. 9013, Improvement No. 91, Project No. 4
DISCUSSION:
Council ordered staff to prepare plans and specifications for a
municipal state aid street and utility project along Mendota Heights
Road from I -35E to Dodd Road. The project involves widening Mendota
Heights Road from 22 feet to 52 feet,* adding a 16 inch watermain and
some storm sewer, constructing an 8 foot bituminous pedway and'in-
stalling part of a street light system. In addition to this project
we are planning the construction of an 8 -foot pedway,through the.,-.
industrial park from Pilot Knob Road to -Trunk Highway 55.
Staff has substantially completed the plans and specifications.
The next step is to advertise for bids and seek municipal state aid
approval. A proposed schedule for the'remainder of this pro'ject'is
shown below.
ITEM *-- 6ATE'f
Approve Plans & Specs'- July 16.
Gain MSA Approval August 14
Open Bids August 15
Award Project August 19.
Begin Construction' September 3
Complete Construction December I
-This li;,- an ambitious- timetablo_ bur..by, no, means,,:unattainable . -It
is designed to meet„ MSA`,funding critp-ria'-.�'�",'-Appro:�izdat4ly;,$250,000 of
NSA funding will be lost if the City"-doed'not aw - a-ri` d a ni , MSA project by
September. .,-: , c_.", ";
RECOMMENDATION:
Staff recommendsCouncil'approve the plans and specifications -for
Mendota Heights Road;,,I-35E to Dodd Road, and order staff to advertise
for bids.
ACTION REQUIRED:
livecoun6il",do,ricurs withAilie*'-'-staff recommendation they should pass
%
a motion adopting Resolution No. 91- RESOLUTION APPROVING,FINAL
PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR4
IMPROVEMENTS ON MENDOTA HEIGHTS ROAD (M.S.A..PROJECT NOS. 140 -103 -02 --
AND 140-013-04, IMPROVEMENT NO. 91, PROJECT -N
0
K -:dfw
HE
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 91 -
RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS
AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS
ON MENDOTA HEIGHTS ROAD
(M.S.A. PROJECT NOS. 140-103-02 AND 140-013-04,
IMPROVEMENT NO. 91, PROJECT NO. 4).
WHEREAS, the City Engineer reported that the proposed improve-
ments 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 specifications
thereof; -and
WHEREAS, the City Engineer has prepared plans and specifications
for said improvements and has presented such plans and specifications
to the City Council for approval.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of.the
City of°Mendota Heights,'Minnesota, as follows:
1. That the plans and specifications for said improvements be
and they are hereby in all respects approved.
2. That the City Clerk with the aid and assistance of.the City
Engineer be and is hereby authorized and directed to adver-
tise for bids for said improvements all in accordance with
the applicable Minnesota Statutes, such bids to be received
at the City Hall of the City of Mendota Heights by 10:00
o'clock-A.M., Thursday, August 15, 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 ,t
• regular Council meeting.'..
Adopted by the City Council of the City of Mendota Heights this 16th
day of July, 1991. - -
r'
CITY COUNCIL
' CITY OF MENDOTA HEIGHTS .
By
. . Charles E.
ATTEST:
Kathleen M. Swanson; City Clerk'
Mertensotto,-Mayor
EXAMPLES OF LIGHTING STANDARD REQUIREMENTS
City of Burnsville Requirements
10-7-36: EXTERIOR LIGHTING:
(A) All exterior lighting shall be designed and arranged so as to not
direct any illumination upon or into any contiguous residential
districts.
(B) No exterior lighting shall be arranged and designed so as to
create direct viewing angles of the illumination source by
pedestrian or vehicular traffic in public right-of-way.
(C) Lenses, deflectors, shields, louvers and prismatic control
devices shall be used so as to eliminate nuisance and hazardous
lighting.
(D) Reflected glare from exterior lighting o
processes such as combustion or welding
into any adjoining property. Reflected
not exceed five -tenths (0.5) footcandles
property line when abutting residential
measures on the property line when such
and land.
City of Minnetonka Requirements
r from high temperature
shall not be directed
glare or spill light may
as measured on the
zones and one footcandle
line abuts a similar zone
UBDIVISION 2 PERFORMANCE STANDARDS REGULATING EXTERIOR LIGHTING
(A) Exterior lighting shall be designed and arranged to limit direct
illumination and glare upon or into any contiguous parcel.
Reflected glare or spill light shall not exceed five -tenths
footcandles as measured on the property line when abutting any
residential parcel and one footcandle on any abutting commercial
or industrial parcel. Street lights installed in public right-
of-way shall be excepted from these standards.
(B)) Mitigative measures shall be employed to limit glare and spill
light to protect neighboring parcels and to maintain traffic
safety on public roads. These measures shall include lenses,
shields, louvers, prismatic control devices and limitations on
the height and type of fixtures. The city may also limit the
hours of operation of outdoor lighting if it is deemed necessary
to reduce impacts on the surrounding neighborhood.
(C) No flickering or flashing lights shall be permitted.
(D) Direct, off-site views of the light source shall not be permitted
except for globe and/or ornamental light fixtures approved in
conjunction with a site and building plan. Globe and ornamental
fixtures shall only be approved when the developer can
demonstrate that off-site impacts stemming ft6m direct views of
the bulb are mitigated by the fixture design and/or location.
(E) The city may require submission of a light distribution plan if
deemed necessary to ensure compliance with the intent of this
ordinance.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
OR
.,.DINANCE NO. 276
AN ORDINANCE AMENDING, RESTATING AND RECODIFYING
ORDINANCE NO. 401
The City Council of the City of Mendota Heights,
Minnesota, ordains as follows:
Section 1. Ordinance No. 401 entitled "The Zoning
Ordinance of Mendota Heights, Relating to a Compiehensive—
Amendment and Rezoning of the City, amending Zoning
Ordinance No. 32, as Amended," is hereby amended, -,restated, -
and recodified in accordance with the'attached.1--
Section 2. This Ordinance shall be inifull force and
effect from and after its publication according to law.
Adopted by the"City Council'of the Cil;y`of Mendota*He*lghts7-
this Sixteenth day -of July, 1991,., -
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
B
Charles E. Mertensotto,
-.Mayqk4
Mayor
ATTEST: '*'il. �7t",
it's
b
W4 �,r A
Nv
,Kathleen M. SwansonCity 'Clerk -
CITY OF MENDOTA HEIGHTS
SUMMARY OF ORDINANCE NO. 276,
AN ORDINANCE AMENDING, RESTATING AND RECODIFYING
ORDINANCE NO. 401, THE ZONING ORDINANCE OF MENDOTA HEIGHTS
The City Council of the City of Mendota Heights has
determined that the following summary of the above referenced
ordinance clearly informs -the public of the intent and effect of
the Ordinance, and shall be published in lieu of publishing the
entire text of the Ordinance. A printed copy of the full text of
the Ordinance is available for inspection by any person during
regular office hours at the office of the City Clerk.
Ordinance,..No. 401 entitled "The.Zoning Ordinance of.Mendota
Heights, Relating to a -comprehensive Amendment and Rezoning,of
the City, amending Zoning Ordinance'No. 32, as Amended," is
amended, restated and recodified as follows: t
Section 1 refers.to the title of the Ordinance — ,
Section 2 states the intent and purpose of the Ordinance.
Section,3, Rules and Definitions sets forth.the.rules of.
construction' and definition of terms used in .the Ordinance.:
Section 4 addresses non -conforming uses and structures, lot
provisions, accessory structures,..required yards and open space,
traffic visibility,,fencing•,.essential services,' annexed
territory, farming operations, land reclamation, mining, soil
processing, floodway district regulations and development without
public utilities. In addition, Section 4 establishes general
requirements„for..all:.business and -;-industrial districts, including
building design and construction,a;.landscaping.requirements,_., ;
building -additions and accessory "structures,,and screening and.. =
buffering. ” •This: section •also •;sets minimum requirements;nfor,.4s:::
single family residential_ districts: , 'Included.: in :;the,,; 5,p,1,p{•M A,...,,rrt`, ;E• _ ,
requirements are dwelling and garage sizes,• driveway widths
-surfacing, and building permit requirements, -including grading -
plan requirements.
Section 5 provides for the•administration•and�enforcement;of •
the ordinance, establishes the duties of the Zoning 1
Administrator, provides an appeals process and requires
certificates of occupancy.. Section 5 also explains the..,
application, hearing and issuance processes for variances,.
conditional use•permits, rezoning, ZoningOrdinance Amendments
and Comprehensive Plan Amendments.
< f
Section 6 explains -zoning district -abbreviations and.the
Zoning Map and map boundary lines.
•:z:••. .:A til"` +'.t':�':'L'i.,,:
Section 7 establishes "R-1" One Family Residential District
permitted, conditional and permitted accessory uses, and lot
area, width, yard and building height requirements.
Section 8 establishes "R -1A" One Family Residential District
permitted, conditional and permitted accessory uses, and lot
area, width, yard and building height requirements.
Section 9 establishes "R -1B" One Family Residential District
permitted, conditional and -permitted accessory uses, and lot
area, width, yard and building height requirements.
Section 10 establishes "R -1C" One Family Residential
District permitted, conditional and permitted accessory uses, and
lot area, width, yard and building height requirements.
Section 11 -establishes "R-2" Medium Density Residential
District permitted, conditional and permitted accessory uses, and
lot area, width, yard and building height requirements.
Section 12 establishes "R-3" High Density Residential
District permitted, conditional and permitted accessory uses.
This section also establishes lot and building area and -building -
height requirements and•limitations, off-street parking- "
requirements, and architectural, structural, electrical -and
mechanical requirements.
Section 13 explains the purpose of the Planned Unit -
Development District and defines•the three types of zoning
designations the District comprises: HR -PUD (High Density"
Residential Planned Unit Development District),,MR-PUD (Medium
Density -Residential Planned Unit Development District), and LB --
PUD (Limited Business Planned Unit Development District).-,
Section 13• -constructs standards for approval and administration
of Planned Unit Development'District•proposals and establishes
density standards: Application submission'°criteria,•-hearing ands-`-��
approval iprocesses-'are` regulated.�byr-the `provisions -of --the- Planned=''"
Unit Development land Conditionah `Use1-Permit"=sections:
Section 14'defines the•permitted;,conditional-and permitted''`
accessory uses allowed in the "B-111� Limited .Business=District.-
Lot area,•lot width,--,yard-and building height requirements,are
establ fished; f as ' well ' as landsca'p'ing,' -and; -screening -requirements.
Section 15 defines permitted, conditional and permitted
accessory uses,; -lot -area width,-°yard;'building height, and
landscaping --requirements 'for -the ."B -1A°, Business- Park District:-;
Section 16 establishes permitted; conditional,-and,'permitted .:,i w'
uses,'•Iot area, width, yard, -building height and landscaping
requirements for the- "B-211,' Neighborhood, Business District.
Section 17, "B-3" General Business District, specifies
General Business District permitted, conditional and accessory
uses and establishes lot area, width, yard, landscaping and
building height requirements.
Section 18 defines the purpose for the B-4 "Shopping Center
District," and the application process, requires a central
authority or single ownership (Administration), stipulates design
requirements and specifies permitted, conditional and accessory
uses. Lot area, width, yard, landscaping and building height
requirements are also established.
Section 19 specifies the permitted, conditional and
accessory uses allowed in the "I" Industrial District. This
section establishes the criteria required for building permit
applications, provides off-street parking space calculation and
surfacing requirements and explains landscaping and screening
conditions. Lot area, width, yard and building height
requirements and performance standards are also established.
Section 20 specifies performance standards for all districts
with respect to noise, smoke and particulate matter, toxic or
noxious matter, odors, vibrations, glare and heat, explosives,
screening, waste material, bulk storage of liquids, radiation
emission, electrical emission, maintenance standards, lighting
standards, drainage and storage standards, water pollution and
general land development standards.
Section 21, "Special Provisions." Among the requirements of
this section are regulation off-street parking and loading
spaces, including the calculation of required parking spaces,
parking space widths, and the use of parking spaces. Section 21
restricts the parking of semi -trailers, truck -tractors, custom
service vehicles, and trucks in excess of 9,000 pounds gross
vehicle weight in residential district. Off street parking
locations setbacks in all districts, driveway locations for
residential corner lots and maximum driveway widths in all
districts are established. Section 21 regulates the design and
maintenance of off-street parking areas,.and off-street loading
and unloading berths. Motor fuel station regulations, including
area .and design requirements, parking and driveways, architecture
and landscaping are established in this section. Drive-in and
fast food restaurant regulations are specified. Section 21
regulates outside storage in residential districts. Sign permit
requirements are established, and permitted and prohibited signs
are specified, and sign sizes are regulated by this section.
Section 22 establishes provisions for the granting of
conditional use permits for Planned Unit Developments, including
rights to a Planned Unit Development, approval and
administration, coordination with the Subdivision Ordinance,
application criteria apd processings plan amendments, development
schedule enforcement, open space maintenance and standards, and
control.of a Planned Unit Development following completion.
Section 23 stipulates additional requirements, exceptions
and modifications to the requirements and regulations specified
in the Zoning ordinance.
%4-
CITY OF MENDOTA HEIGHTS
MEMO
July 11, 1991
TO: Mayor, City Council and City Administ
FROM: James E. Daniel n
Public Works Di
SUBJECT: Dodd Road/Trunk ighway 110
Preliminary Layout Approval
DISCUSSION•
At their last meeting Council received a request from staff to
adopt the attached resolution requesting that Mn/DOT participate with
the City in upgrading the Dodd Road/Trunk Highway 110 intersection.
The resolution speaks about a preliminary layout plan that was accept-
able to both the City and the Mn/DOT Oakdale office. That plan was
still being drafted on and was not attached for Council review.
Council delayed action on the resolution until they had a layout
presented to them for review and approval.
Adjacent Landowner Contact - Besides the Shopping Center, staff
has also contacted the Standard Station owners and operator and Menda-
kota Country Club. The Standard Station was contacted to make them
aware of the newly proposed island on Dodd Road and to discuss how
this island it would affect their future operation, in particular, how
the large truck that deliver their gas would maneuver. The Country
Club was contacted to see if they would be receptive to additional
right-of-way acquisition from them. The president (Marty Stapleton)
and greens committee chairman (Don Lewis) brought our plan before
their Board and then informed us that they felt an agreement could be
arrived at.
RECOMMENDATION:
I recommend that the City continue to pursue the Dodd Road im-
provements along the current alignment.
ACTION REQUIRED:
Review and approve a preliminary layout design and then if Coun-
cil desires to implement the recommendation they should pass a motion
adopting Resolution No. 91- , RESOLUTION REQUESTING MN/DOT TO PAR-
TICIPATE IN A COOPERATIVE AGREEMENT TO UPGRADE THE TRUNK HIGHWAY 149
(DODD ROAD) INTERSECTION WITH TRUNK HIGHWAY 110. Council should keep
in mind that adopting this resolution does not bind the City to any-
thing, it only allows Mn/DOT to proceed with their next step in their
process, which is to determine their funding level. The layout design
is still preliminary and is subject to being changed in final design.
JED: dfw
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 91 -
RESOLUTION REQUESTING MN/DOT TO PARTICIPATE IN A COOPERATIVE
AGREEMENT TO UPGRADE THE TRUNK HIGHWAY 149 (DODD ROAD)
INTERSECTION WITH TRUNK HIGHWAY 110.
WHEREAS, City staff and Mendota Shopping Center owners have
been cooperating with Mr. Bob Brown of Mn/DOT staff in attempting
to develop a plan to improve the Trunk Highway 149 (Dodd Road)
intersection with Trunk Highway 110; and
WHEREAS, a preliminary layout plan has now been developed
that is acceptable to both the City and the Mn/DOT Oakdale of-
fice.
NOW THEREFORE BE IT RESOLVED that the City Council of the
City of Mendota Heights request that Mn/DOT participate in a
cooperative agreement project to upgrade the intersection of
Trunk Highway 149 and Trunk Highway 110.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
ATTEST:
Kathleen M. Swanson, City Clerk
CITY OF MENDOTA HEIGHTS
MEMO
July 12, 1991
To: Mayor, City Council and City Administrator
From: Kevin Batchelder, Administrative Assis
�,w
Subject: Discussion of Cat Control Ordinance
DISCUSSION
At the May 17, 1991 and June 4, 1991 City Council meetings the
Council received information regarding the request of two
constituents, Mr. Ralph Johnson and Mr. John Mullen, that the City
of Mendota Heights adopt a Cat Control Ordinance. The City Council
directed staff to prepare a sample Cat Control Ordinance for their
consideration. (Please see the attached sample ordinance.)
Police Chief Dennis Delmont drafted the sample ordinance as an
ordinance that would please those who seek to have a Cat Control
Ordinance for the City of Mendota Heights. Police Chief Delmont
feels that if there is to be a Cat Control Ordinance it should be
a comprehensive ordinance, not minor revisions to existing
ordinances. This sample ordinance, if adopted, would require
amending Ordinance No. 901, the Nuisance Ordinance and rescinding
Ordinance No. 1301, the Dog Control Ordinance.
The sample ordinance addresses both dogs and cats and has
provisions for:
1. Diseased Animals
2. Animals at Large
3. Licensing and vaccination
4. Administrative Procedures including Impoundment
5. Nuisance and Property Damage
6. Domesticated Wild Animals
7. •Impoundment for Rabies
8. Dangerous Dogs
In addition, it would also require the establishment of feesp
dates and the designation of a cat kennel.
While this sample ordinance is comprehensive, the Police Chief
remains unconvinced that the cat control portions of it are
enforceable. An ordinance such as this has budgetary and staffing
implications such as the cost of a tag inventory, license forms,
boarding fees and euthanasia, animal control officers, front desk
time and officer response time. These costs are hard to define
without a history, as is the nature and extent of the cat problem
in Mendota Heights..
ACTION REQUIRED
Discuss the sample Cat Control Ordinance, its provisions and
costs and provide the appropriate direction to staff. Should the
City Council decide to pursue this Cat Control Ordinance for
adoption it would be necessary to advertise for public hearings in
order to amend the City Ordinances.
NOTE: Also attached at the request of Mr. Johnson is a letter
from Mr. Craig Hensley, of the Dodge Nature Center, a
letter from Cottage Grove's Police Chief and an article
from the DNR entitled "When Kitty Becomes a Killer."
ORDINANCE NO.
AN ORDINANCE REGULATING ANIMALS, PROVIDING FOR THE LICENSING AND
IMPOUNDING OF CERTAIN ANIMALS, AND PRESCRIBING PENALTIES FOR
VIOLATIONS THEREOF.
SECTION 1. Diseased Animals
1.1 Definition
An animal shall be considered diseased if it has
any communicable disease or is suspected, by a qualified person,
or having any communicable disease. A rabid animal shall be one
having rabies or suspected by a qualified person as having
rabies.
1.2 Running At Large Prohibited
It shall be unlawful and a misdemeanor to permit a
diseased animal to run at large within the limits of the City.
1.3 Impounding or Destruction of Diseased Animals
The police officer and/or animal control officer
of the City shall take up and impound any diseased animals found
running at large in the City. If such officer finds it
unfeasible to impound such animal, he may forthwith take all
reasonable measures to immediately destroy such animal.
1.4 Removal of Rabid Animals
It Shall be unlawful and a misdemeanor to remove a
rabid animal from the City without prior consent of a police
officer or the animal control officer, except for treatment by a
license -veterinarian.
SECTION 2. Domestic Animals
�2.1 Definitions
For the purposes of this ordinance, the following
words and phrases shall have the meanings respectively ascribed .
to them by this section:
At large. Off the premises of the owner and not under
the control of an accompanying person by leash.
Owner. Any person owning, harboring or keeping a
domestic animal.
2.2 Running at Large Prohibited
It shall be unlawful and a misdemeanor to permit a
2.3 Dog and Cat Licenses Required; Additional Fee For
Dangerous Dogs
(a) No dog or cat owner shall keep any dog or cat
within the City, unless a license therefor has first been
secured. Licenses shall be issued by the Clerk for a fee of
for each neutered male or spayed female dog or cat and for
each nonneutered male and nonspayed female dog or cat. Every
application for a license shall be accompanied by a certificate
from a licensed veterinarian showing that the dog or cat to be
licensed has been given a vaccination against rabies in
compliance with section 2.13. Documentation of the date of
purchase or acquisition must accompany such license application.
An applicant for a license for a neutered male or for a spayed
female dog or cat shall present a statement from a licnesed
veterinarian indicating that the dog or cat has been neutered or
spayed and giving the date of the operation. License fees shall
be prorated on a quarterly basis. A dog or cat owner who obtains
a license for a nonneutered male or nonspayed female dog or cat
may receive a refund of the difference between the license fee
paid and the fee for a neutered dog or cat upon presentation of a
neutering certificate from a licnesed veterinarian showing that
the dog or cat was neutered prior to seven months of age.
(b) In addition to the fee set forth above, the
owner of a potentially dangerous dog or dangerous dog shall pay a
registration fee to the City Clerk, in the amount of twenty
dollars for each potentially dangerous or dangerous dog.
2.4 Payment of Fee; Late Fee
It shall be the duty of each owner of a dog or cat
to pay the license fee imposed in section 2.3 to the clerk on or
before the first day of of each year, upon acquiring
ownership or possession of any unlicensed dog or cat or upon
establishing residence in the City. A late fee of one dollar per
month will be assessed on all licenses sold after --of
each year for dogs or cats owned prior to that date.
.2.5 Receipts; Issuance of Tags
Upon the payments of the license fee, the Clerk
shall execute a receipt in duplicate. He/she or the Clerk shall.
deliver the original receipt to the person who pays the fee,
retaining the duplicate. He shall also procure a sufficient
number of suitable metallic tags, which shall be different for
each license year, and shall deliver one appropriate tag to the
owner when the fee is paid.
2.6 Tags to be Fastened to Collar and Constantly Worn
The owner shall cause the tag described in section
2.5 to be affixed by a permanent metal fastening to the collar of
the dog or cat so licensed in such a manner that the tag may be
r
easily seen by the officers of the City. The owner shall see
that the tag is constantly worn by such dog or cat.
2.7 Duplicate Tags
In case any dog or cat tag is lost, a duplicate
may be issued by the Clerk upon presentation of a receipt showing
the payment of the license fee for the current year. A charge of
one dollar shall be made for each such duplicate tag.
2.8 Impoundment Authorized
On and after the first day of each year, the
police officers and animal control officer of the City shall take
up and impound any dog or cat found in the City without the tag
provided for in section 2.5. The police officers and animal
control officer of the City shall take up and impound any
domestic animals found running at large in the City.
2.9 Redemption of Impounded Animals
Any animal may be redeemed from the pound by the
owner within the time hereinafter stated by the payment to the
Clerk of the license fee for the current year, if applicable, as
well as an impounding fee of dollars and dollars
for each day the animal is confined in the pound, as the cost of
feeding.
2.10 Release of Impounded Animals
Upon the presentation of a correct license tag and
receipt for a dog or cat license for the current year and for the
fees provided in section 2.9, the Police Department shall release
to any owner the dog or cat claimed by the owner. Upon
identification of any other animal and presentation of a receipt
for the fees provided for in section 2.9, the Police Department
shall release to any owner the animal claimed by the owner.
2.11 Disposition of Unclaimed Animals
Any animal which is not claimed as provided in
section 2.9 within five regular business days after impounding
may be sold for not less than the amount provided in section 2.9 .
to anyone desiring to purchase the animal, if such animal is not
requested by a licensed educational or scientific institution
under Minnesota Statutes, section 35.71. All sums received above
the costs and tax shall be held by the Clerk for the benefits of
the owner, and if not claimed in one year, such funds shall be
placed in the general fund of the City. An animal which is not
claimed by the owner or sold may be given to an animal adoption
agency or painlessly killed and properly disposed of.
2.12 Habitual Barking; Damage to Property
No person shall keep or harbor an animal which
habitually barks, cries or creates a noise in a manner which
disturbs the peace and quiet of any street, neighborhood or
public place at any time of day or night. No owner shall permit
his animal to damage any lawn, garden or other property.
2.13 Vaccination of Dogs and Cats
(a) Definitions. For the purposes of this
section, the following words and phrases shall have the meanings
respectively ascribed to them by this subsection:
Animal control officer. A duly
authorized person responsible for the enforcement of this section
directed by the Chief of Police.
Cat. Any feline animal, male or female,
whole, neutered or spayed, over three months of age.
Dog. Any canine animal, male or female,
whole, neutered or spayed, over three months of age.
Vaccination against rabies. The
inoculation of a dog or cat with a rabies vaccine.
(b) Required. Every dog or cat shall be
vaccinated against rabies, and no license, except as provided by
this article, shall be granted for a dog or cat which has not
been so vaccinated. Young dogs or cats shall be vaccinated
within thirty days after they reach the age of three months.
(c) Unvaccinated animals acquired or moved
into City. Unvaccinated dogs or cats acquired or moved into the
City.must be vaccinated within thirty days of purchase or
arrival, unless under three months of age as specified.
(d) Revaccination. Every dog or cat shall be
vaccinated one year after initial vaccination, and thereafter at
three year periods, with modified live virus vaccines or
inactivated vaccines having a three year duration, or annually if
any other shorter duration vaccine is used.
(e) Veterinarian to perform; certificate and
tag. Vaccination is to be*performed by a doctor qualified to
practice veterinary medicine in the state, or in the state in
which the dog or cat is vaccinated.
(1) A veterinarian who vaccinates a dog
or cat in the City shall provide the owner with a copy of a
certificate of vaccination. The owner shall provide the City
with a copy of the rabies certificate for proof of vaccination at
the time of license application.
(2) A veterinarian who vaccinates a dog
or cat in the City shall provide the owner with a metal or
durable plastic tag, serial numbered to coordinate with the
certificate of vaccination. A metal or durable plastic tag shall
be securely attached to the collar or harness of a dog or cat.
Whenever the dog or cat is out-of-doors, whether on or off the
owner's premises, the collar or harness with the vaccination tag
attached must be worn.
(f) Cost. The cost of rabies vaccination
shall be borne by the owner of the dog or cat.
(g) Procedure when vaccination Potentially
harmful. When, by reason of age or other temporary physical
disability, vaccination is impossible or harmful to the dog or
cat, the Clerk may, on presentation of a certificate of a
veterinarian, establishing such disability, issue a license for
such dog or cat, subject to the condition that the certificate of
vaccination be obtained and presented to the city after such
period of disability ceases.
(h) Liability for actions of unvaccinated
animals. An owner or.custodian of a dog or cat not appropriately
vaccinated gains rabies which bites or exposes a person to rabies
is guilty of a petty misdemeanor.
(i) Permitted animal off owner's etc.,
premises without taa., An owner or custodian of dog or cat who
permits such animal to be uncontrolled off the owner's or
custodian's premises without a proper rabies identification tag
is guilty of a petty misdemeanor.
2.14 Kennel License
(a) No person shall maintain in the City a kennel
where dogs are kept for sale without securing a license therefor
from the City Clerk. The license fee shall be dollars per
year. This fee shall be in lieu of the license fee prescribed in
section 2.3 for each dog kept in such kennel.. Such license shall
be renewable the first day of -January of each year thereafter.
(b) No person may keep more than three cats or
dogs over four months of age upon any premises without a kennel
license.
2.15 Domesticated Wild Animals
(a) No person shall keep or allow to be kept as a
pet, any animal which is normally considered to -be a wild animal,
unless a license therefor has first.been secured, except for
rabbits, gerbils and hamsters. Licenses shall�be issued annually
by the Clerk for a fee of dollars for each animal. Every
application for a license shall be accompanied by a certificate
from a licnesed veterinarian showing that the animal has been
given a vaccination against rabies, unless the veterinarian
certifies that vaccination is impossible or harmful to the
animal.
(b) In the event City personnel are required to
assist in capturing an animal, as defined in subsection (a),
which escapes or is allowed to run at large, the City shall
charge the owner for all costs incurred and collect such costs by
civil means if not paid.
2.16 Impoundment or Confinement of Animals Suspected of
Having Rabies
(a) Any dog or cat not vaccinated in accordance
with section 2.13, which has bitten any person and caused an
abrasion of the skin of such person, shall be seized and
impounded under the supervision of a licnesed veterinarian, or a
kennel approved by the director of public safety, for a period of
not less than ten days. If, after a complete examination by a
veterinarian, the dog or cat has no clinical signs of rabies, it
may be released to the owner, or, in the case of a stray, it
shall be disposed of in accordance with applicable laws. The
owner shall be responsible for impoundment and veterinarian fees
for such animal.
(b) Any•dog or cat vaccinated in accordance with
section 2.14, which has bitten any person and caused an abrasion
of the skin, shall be confined by the owner or other responsible•
person as required by the director of public safety for a period
of ten days, at which time the dog or cat shall be examined by an
agent of the director of public safety. If no signs of rabies
are observed by the authority, the dog or cat may be released
from confinement.
(c) Any other animal which has bitten any person
and caused an abrasion of the skin of such person shall be seized
and impounded under the supervision of a licensed veterinarian,
or kennel approved by the City. If, after a complete examination
by a veterinarian, the animal has no clinical signs of rabies,
and upon the approval of the attending physician, or the health
officer in the absence of an attending physician, it may be
released to the owner, or, in the case of a stray, it shall be
disposed of in accordance with applicable laws. If the attending
physician, or the health officer if there is no attending
physician, deems it necessary, the animal shall be euthanized and
examined for rabies by the state department of health.
2.17 Handling of Dogs and Cats.Bitten by Rabid Animals
Dogs or cats known to have been bitten or
scratched by a bat or by a wild carnivorous mammal not available
2.17 Handling of Dogs and Cats Bitten by Rabid Animals
Dogs or cats known to have been bitten or
scratched by a bat or by a wild carnivorous mammal not available
for testing shall be regarded as having been exposed to a rabid
animal.
(a) When dog or cat not vaccinated. If the
bitten (exposed) dog or cat is not vaccinated, the following
shall apply:
(1) In the case of a dog or cat which
has not been vaccinated in accordance with section 2.13 and which
has been bitten by a known rabid animal, such bitten (exposed)
dog or cat should be immediately destroyed.
(2) If the owner is unwilling to
destroy the bitten (exposed) dog or cat, such animal shall be
placed in strict isolation in a kennel under veterinary
supervision for a minimum of six months. Before release of the
dog or cat to its owner, it shall be vaccinated for rabies one
month prior to is release.
(b) When dog or cat vaccinated. If the
bitten (exposed) dog or cat is vaccinated, the following shall
apply:
(1) In the case of a bitten (exposed)
dog or cat vaccinated in accordance with the provisions of
section 2.13, the dog or cat shall be handled as'follows:
(a) It shall be immediately
revaccinated and confined by the owner for a period of ninety
days following vaccination; or
(b) If the dog or cat in not
immediately revaccinated, it shall be confined in strict
isolation in a kennel for six months under the supervision of a
veterinarian. Before release of the dog or'cat to itt owner, it
shall be vaccinated for rabies one month prior to its release.
(2) Such dog or cat shall be destroyed
if the owner does not comply with subparagraphs a and b of
paragraph (1) of this subsection.
SECTION 3 Dangerous Dogs
3.1 Definitions
For the purposes of this ordinance, the following
words and phrases shall have the meanings respectively ascribed
to them by this section:
Animal control officer. A police officer,-part-
Dangerous dog. Any dog that has:
(a) Without provocation, inflicted
substantial bodily harm on a human being on public or private
property;
(b) Killed a domestic animal without
provocation while off the owner's property; or
(c) Been found to be potentially dangerous,
and after the owner has been notified that the dog is potentially
dangerous, has aggressively bitten, attacked or endangered the
safety of humans or domestic animals.
Owner. Any person possessing, harboring, keeping,
having an interest in or having care, custody or control of a
dog.
Potentially dangerous dog. Any dog that:
(a) When unprovoked, inflicts bites on a
human or domestic animal on public or private property;
(b) When unprovoked, chases or approaches a
person upon the street, sidewalks or any public property in an
apparent attitude of attack; or
(c)' Has a known propensity, tendency or
disposition to attack unprovoked, causing injury or otherwise
threatening the safety of humans or domestic animals •°- It, -
Proper enclosure. Where a dog is securely
confined indoors or in a securely enclosed and locked pen or
structure suitable to prevent the dog from escaping and providing
protection from the elements for the dog. A "proper enclosure"
does -not include a porch, patio or any part of the house, garage
or other structure that would allow the dog to exit of its own
volition, or any house or structure in which windows are open or
in which door or window screens are the only obstacle'that•"
prevent the dog from exiting.
Substantial bodily harm. "Substantial bodily
harm" has the meaning given it under Minnesota Statutes, section -
609.02, subdivision 7(a).
3.2 Adoption of State Law
Minnesota Statutes, chapter 3467, sections 347.50
and 347.51 through and including 347.54, are hereby adopted as
the potentially dangerous and dangerous dog ordinance for the
City. Every provision contained in the foregoing sections is
hereby adopted and made a part of this chapter by reference, as
if fully set forth herein.
As a-M. CL 5
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City of
C Cottage Grove DEPARTMENT OF
Minnesota PUBLIC SAFETY
7516 80th Street South / Cottage Grove, Minnesota 55016-3197 612 • 458-2850
Dennis S. Cusick James E. Kinsey
Director of Public Safety Captain
Chief of Police Administration
June 27, 1991 Michael D. Zurbey
Captain
Patrol
Mr. Ralph Johnson
1280 Dodd Road
Mendota Heights, Minnesota 55118:
Dear Mr. Johnson:.
In follow-up to our conversation ,of :J.une 26th;, plea$e find enclosed a copy of
the Cottage Grove Ordinance.`regu a`ting:•:.domestir,;;arii3nals. As I shared with
you, to meet the needs=- off, ..`our-.;--cdtWhunity agri ultu al y zoned land is exempt
from this ordinance.."r'_'
The 1991 licensing. impoi ni Ment nand-'boarding"-fi._,ees'_.,44& been established by
our City Counci l a �l aks •f ; ; _,,. , ,
Dog -or cats
-1�,:�:o�sic�tereel-••-.,��:i.. - ••1°�=0 �.
Dog or cats sL?,a�re`d .or�itered ``:24;.4 '
The above rates a ' f orated • by s month::,` �'°{ j ' '
Impound Fee �I"ouridat Targe}
Daily Board F � s ; ,..�:•,_.,•�,,., r� _• •�'�:��:;•:�, a..;���:.kx
Fine for any 11 �oni�g 4 t.",�^':
at large viol ,
a-, oni, _ .
Our -ordinance to inc ud cats .c u Gait � itizens . approached the,
Public Safety Commissi`.: t concerns thata ' . ; 'ere -becoming more of a
problem within the comm rKn r ha4� 4 -1 lr C . ti � b complain about the cost
of licensing; however, the majority off} ens and the Department of
Public Safety consider st�`' to" �ng well. Our City Council
receives very few complainsn`redr"domes. imals: The enforcement of
domestic animal r �
egulations 14W>•i'�hin thrtmeiit of Public Safety..
I enjoyed our conversation and wVs O- ., ith Dennis Delmonte. If we can be
of any additional assistance, plea :,;contact me at 458-2835.
Sinc ly,
Dennis S. Cusick .
Director of Public Safety
/mmb
enclosure
POLICE DIVISION '
p
� • 1
1_�
r • g Behind bars! These kittens are temporary tenants at .
jl the Minneapolis Humane Society. Their fate? (Either
adoption or a merciful death.) . , ..,�
fWhen, �Ki fi"� ,..
t - - sit
Becomes a K"Ilelr
• >s
CHARLES WECHSLER
28
w
THE MINNESOTA VOLUNTEER
U
A cunning predator is stalking our
backyards, fields, and forests.
The cats in my past evoke fond memories. I can recall playful
kittens hopelessly ensnarled in balls of yarn or mischievous fluffs
of fur stalking a toy mouse with the intensity of a wild leopard.
I marveled at my cats' grace, their amazing dexterity, and sense of
balance. Their ability to survive near -calamities and their remarkable
recuperative powers when injured were a constant source of
wonderment.
Equally intriguing was how our housecat could purr contentedly
on my wife's lap at mid-day and, at night, become a prowling
panther whose eerie howls would shatter the nighttime calm. Noise
notwithstanding, I respected my pet felines for their independent
nature.
But today the things I once enjoyed about cats leave me deeply
troubled.
My disenchantment began six years ago with Max, an aloof
Siamese who shared our suburban home during the day. Max was a
night -stalker, adept at killing songbirds, rabbits, squirrels, and mice.
Realizing what we didn't want in a pet cat, we pawned off Max
on a farmer who wanted a good mouser. Then we purchased a
beautiful gray Persian. My children named him Sooty. Although less
independent and more mild-mannered than Max, Sooty showed a
similar inclination to hunt, but with less success.
Sooty's downfall came on a Sunday morning in May, when my
six-year-old daughter went to the front door to gather dad's
newspaper. Suddenly she screamed! There on the frontstep sat
cuddly Sooty casually chewing a baby cottontail rabbit, with only
its head and frontquarters remaining. Sooty, too, found another
home.
Since that episode, I have grown increasingly concerned with the
predaceous tendencies of domestic cats. Multiply the kills of my cats
by those of untold millions of other felines stalking yards and farms,
MARCH—APRIL 1978
29
30
0
heir combined impact on small birds .and mammals must be
s. antial. Further investigation has confirmed my suspicions.
"I think most people are aware of the destruction to,wildlife by
cats," says Ruth Deschene, executive director of the Minnesota
Humane Society. "It's just that so many cat owners refuse to do
anything about the problem.
"Just.,last week a. big gray -striped cat killed a squirrel• beneath my
bird fee8er. And my experience is not rare. We receive many
complaints of cats chasing birds and squirrels."
According to Mrs. Deschene,. cat -wildlife problems are on the
increase: Why? Because cats are on the increase. "There are from
2,000 to 3,500 cats and dogs born every hour in the U. S.," she
explains. "This compares to 415 human births per hour. Obviously
all these animals can't be placed in homes. Unfortunately, many of
these unwanted pets are being turned loose."
Wild ' Cats. "Cats are. definitely increasing," 'says Bill Berg,
Department of Natural Resources 'research biologist at Grand
Rapids. "We are finding two types—domestic cats that wander away
from homes for a few hours each day, and feral cats. This is a cat
born in'the wild`, -one that doesn't.belong to anyone. In fact, some of
these cats:have probably never seen a human!" -
Berg blames many city dwellers for the increase of wild cats.
"Many people don't make an attempt to find homes for unwanted
_kittens. They just can't bring themselves to having the animals put
away. Instead,•they haul the cats to their summer cottage and turn
them loose in the woods."
` Berg's observations "ate supported by hard -evidence. In 1977
tabby tracks were found at 20 of 25 scent post routes in counties
throughput Minnesota. A scent post is'simply a *circle of freshly -
turned dirt. In its center is a capsule containing a. synthetic scent
which attracts a wide variety of animals; Fifty of these scent posts
are established over a 14 or .15 -mile route which is checked daily
over a period of four consecutive days. ;
•" According to Al Berner, coordinator of DNR's Farmland Wildlife
Research Unit at Madelia, two years of scent post•findings have been
gathered in. Martin'and Blue Earth Counties. , . ,
In 1975, 50 scent' posts along a 14 -mile route- in Martin County
resulted in ten cat visits over 200 "scent post nights" compared to
24 fox 'and four dog tracks. In Blue Earth ••Couhty, biologists
THE MINNESOTA VOLUNTEER
Iwv"ucu baveu %,au, »A uvgs, ana t.7 tux over I _,�U scent p ghts.
1977 data shows an upswing. in cat visits. Seventeen sets of _ .racks
were recorded at the ,Martin County routes and ten on the Blue
Earth transect. Both tofals.were based on 200 scent post nights.
"People' may think they are doing their cat a favor by letting it
run loose or by releasing it outright," says Berner. "But they're not.
A • cat is In '.If r' a' tottgh,'.time trying' to cope "in the .wild.
Unfortunately,• the ones that survive may breed and bring more cats
into the outdoors.. � x ,.
""Cats are a' problem because they are not part of the natural
systern:'They compete with other -predators for rabbits, mice,'birds,
and squirrels. !n fact; they are more destructive to young birds and
rabbits than any other predator: They can kill on the ground or in
the trees, and they hunt: day and night.
"People who say more cats mean fewer rodents are mistaken,"
notes. Bernbr. "A'study'in •South Dakota indicates that mammalian
predators; usually do not control rodent populations. The opposite is
usually true."
'•Population Boom, f.Wh.at. can be done to. curb the feline
population explosion2 ,5evera! Minnesota communities have con-
•sidered`!egislation that would restrict cat owners from turning their
tabbies loose at n0i. Thus far, such "leash laws" for cats have met
I with considerable oppeimon anis little success. T ty ; s ,1p et45er- APt't' `t
Probably the best solution is offered by Mrs, Deschene. "The d14' %_
time has come for Minnesotans to become more responsible pet b-tT
owners," she states. "Or simply quit having pets. People shouldn't m1, Mei
have a cat unless they can take care of it. And this means keeping it G0K4iz' !
away from,songbirds and other wildlife."
How to.control abird-killing tabby? "Keep it indoors," says Mrs.
Deschene. "Cats can adapt very well to an indoor environment. If
you can't keep your cat inside for one reason or another, attach a
bell to its collar. This will make it difficult for the cat to stalk a bird
or squirrel. The collar, however, should be expandable. If the bell
• becomes tangled in a fence or brush, the collar will slip off the cat's
head.
"Another , possibility is to have the front paws of the cat
de -clawed. This may sound extreme, but it is a solution that many
owners are happy with," she says. "In fact, I'm one of them. I have a
very loveable 11 -year-old house cat that is both de -clawed and
spayed."-
MARCH—APRIL
payed."•MARCH—APRIL 1978 31
32
The playful antics of a kitten
actually hone its hunting skills.
Present and potential cat owners can pursue other. avenues.
According to Benjamin L. Hart, noted authority on feline behavior,
cats inherit predatory tendencies, but their behavior can be
influenced by early experience. By shaping this early experience, he
says, we may be able to remove unwanted behavior.
Mother cats will, if given the chance, teach their kittens to hunt
by bringing them dead or injured prey. She may later take them
hunting. Kittens that do not receive this early training may be less
likely to turn killer as an adult.
Dr. Hart notes, however, that this early, experience does not
always determine a cat's predator behavior. Some studies have found
that one-half of the kittens that never see a rat killed will still attack
a rat or mouse when given the opportunity as an adult.
"Of course, there are also genetic influences on predatory
behavior. Some cats appear completely uninterested in birds and
rodents," he says.
Dr. Hart mentions several ways for pet owners to cope with
aggressive behavior in cats. He encourages people to select a kitten
from a litter in which the mother is known to be a non -hunter.
Similarly, if the sire is known, check to see if he was a hunter.
THE MINNESOTA VOLUNTEER
He suggests removing a cat from the litter before it gains this
experience. "But regardless of selection procedures," he warns,
"some cats may become hunters 'no matter what their genetic
background and early experience."
Unwanted Kittens. Proper control of pet cats is a step in the right
direction. However, more worrisome to animal lovers is what to do
with unwanted felines.
Some pet owners try to find homes for kittens, but usually
choose an option which entails less effort. An easy alternative is to
turn the animals over to the nearest humane society.
"Unfortunately, cats are the least adoptable animal," says Alan
Stensrud, executive director of the Animal Humane Society of
Hennepin County. We received 21,331 animals at our facility in
1977. Of these, 8,604 were cats. The remainder were dogs and wild
animals. We found homes for about 25 percent of the animals—a
total of 3,000 dogs but only 1,500 cats.
"Cats can have as many as four litters a year," says Stensrud.
"unless cat owners can find homes for each and every new kitten,
they should either keep the mother cat indoors when it is in season
or have it spayed.
He says that roaming cats are also causing numerous problems for
people. Tomcats "mark" doors and windows of homes where female
felines live. They get into garages where they walk on cars and dig
into garbage cans. Their howling and bitter fights disturb people's
sleep and set dogs to barking wildly.
Stensrud says that young children have been badly clawed by
stray cats and some youngsters have become ill after coming in
contact with cat feces in sandboxes.
What to do with an unwanted litter? "People shoul&mai e every
attempt to find a good home for their kittens," says Mrs. Deschene.
"Check with friends and relatives and even advertise in the local
newspaper. Then, if you still have unwanted kittens, turn them over
to a humane society. But remember, while the society,will do
everything it can to place the animals in good homes, some or all of
the kittens may have to be pint away."
Although untold millions are humanely destroyed each year, the
adaptable cat continues to thrive in our constantly changing world,
just as its first ancestors did some 55 million years ago. The cat has
survived because it can be a cunning predator with a killer instinct. It
is time for pet owners to recognize that fact. 0
MARCH—APRIL 1978
33
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CITY OF MENDOTA HEIGHTS
MEMO
July 12, 1991
x
TO: Mayor and City Council
FROM: Tom Lawell, City Adminis
SUBJECT: Discussion of 1992 Draft City Budget Process
DISCUSSION:
Staff is currently in the process of preparing the City's
1992 Draft Budget. Although we are barely into the second half
of 1991, the State's "Truth In Taxation" Statute requires us to
formally adopt our 1992 tentative tax levy amount by September 3,
1991. As a result, we should plan on adopting our preliminary
1992 Budget Document at the August 20, 1991 Council meeting.
Given the importance of the Budget Document, Council has
typically devoted a workshop session to review the proposed
budget. It is suggested that we hold a similar session this year
and recommend a workshop date of Tuesday, August 13, 1991
beginning at 7:30 P.M.
ACTION REQUIRED:
Council should consider the workability of conducting a
special Council workshop session on August 13, 1991 at 7:30 P.M.
for purposes of reviewing the City's Draft 1992 Budget Document.
If acceptable, a formal motion should be made to set the date and
time of the workshop.
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