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1985-11-05� CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA NOVEMBER 5, 1985 - 7:30 P.M. 1. Call to Order. — �; �Q �Dn ��} %��` 2. Roll Call. - u�.(' �t�e_,,%� � ''���' �� % 3. Approval of Minutes, October 15th. ,� � 4. Consent Calendar: � � a. b. c. d. e. f. � i. J• k. 1. m. /�� Acknowledgement of October 8th Park and Rec Minutes. Acknowledgement of October 22 Planning Commission Minutes. Acknowledgement of October Code Enforcement Report. Acknowledgement of Memo on Sewer Rates. Acknowledgement of Letter from Betty Armstrong. Request for Final Payment - Andersen/Curley Improvements esolution o. 85-84). Dodd Road Watermain Deferment (Resolution No. 85-85) .^ �� ��i=� ��,Q%� Request for Council Agendas.� Sale of Park Truck. - Acknowledgement of Resignation of Planning Chairperson and of Expiration. Request for Beaver Trapping.^ Approval of the List of Claims. Approval of the List of Licenses. Commission Terms End of Consent Calendar. , 5. Public Comments. — 3'�" �"' pyy�.��C� • �� � %Gtc� �/ " / � 6. Introductions.� � �, `x �. �7. Bid Awards and Hearings �"� �" `�_ ar� a. B'd Awar fo $ 60,00 Equipment Certificates. (Resolution No. 85s�,C�f.'� �� ���a� � - G . � �� °l b. HEARING for Bon Issue for Health Resources, Inc. (7:45 P.M.). ,�.�.� � ��. 3� c. HEAR NG on Bro ton Courts Easement acatio�1 .(8:00 P.M. - Resolution No. 85-8i ��� a..,,.,;R ,�, � 9 : �o �, ,�) .��'�,,�„� —iG..�/ %� . -c"�,,� �.fi�--�!' 8. Unfinished and New Business 1 Sou heast Area ompre� n ve.Plan(� endments. ' �_ ���- � ���...� � •/ J`�- - ����� �% �? �. 1 J°,z. -���. d - endo �'�ei t Associates.� R u t for Multi-fa/�yp�il Housin Revenue\ Bon s M g � �S r�y / I �_� � ��� �o� � iYl ' �I� � ��0� o ment en ment �o Preliminar la D elo e's ree en a e Deve � ��aG,r�;� � �t�� ���-�% y i ��� � r e uest for V riance. Recontr4►end A roval . Case No. 85-28, Lii�smaye , R q ( pP ) �� r Case No. 85- , Linvill Dakota Business Plaza, Request for Sign Variance. � (Re��n�pproval� .p� � ��l dti 0 � November 5, 1985 Agenda Page Two ��= f. EDP Request f r rop sals Mr. McCauley will be present. � F►�� � ����, �'-`.�`.� g. Yo�kton F as bi it�tu y. (Resolution No. 5-88). `�� �� l 3 h. MPCA No se Re..ulations. --� 7� �� a � �"''G"' i ,�.?�`r"`e y.�j � /�. � i. Motor Vehicle Ordinance. (Ordinance No. 218) - Police Chief Delmont will be prese �' a� 1 C,,ti,t �C i.,O���f �`�`` "°�`p , -Q-`.�"""�, -"'�*-� j. Public W r s Radio ystem. � D�� . -L� � I k. S�iburban Rate Authorit equest. ��� 1. Hig ay 13 Tas rce. � � . m. Ri t�f-Way or Eide Lot. o- n. Un��2�e Co e. (Ordina�ce No. 219), a''�� �-ovto 9. _Council Comments 10. �djourn. �' l�; � (� � � � — %�a-�-�. �0%� — �.,� ' � � ��- /l6 � ��� � -�.:.� .�,� . �.�. -��`-�`rl� 3 — �c.,w�-� � o�.�� � � �;� .�� ' ` • - � �,� �.;� CITY O1� Mf:NDO'1'A HEiGH'I'S MI:MU T0:' Planning Commission October 16, 1985 FROM: James E. Danielson and Paul R. Berg Public Works Director Code Enforcement Officer SUBJECT: Case No. g5-29, Linvill (Dakota Business Plaza) Sign Variance DISCUSSION Mr. Tom Melander of Linvill and Associates met with staff to discuss the possibility of installing an identification sign for the Dakota Business Plaza�` at 2401 Pilot Knob Road. The proposed sign is to be a ground sign which will be 6`8" high and 13'4" wide, (approximately 89 square feet of sign and 100 square f eet are allowed). The sign is designed to be constructed of the same materials as the existing building on the site. The applicant is proposing to locate this sign by the south driveway on the side property line. The Ordinance requires that signs be set back a minimum of 40 feet from a side lot line abutting a street. The City has been routinely granting a 20 foot setback variance within the industrial park. Mr. Linvill's parking lot extends all the way along his side lot line and is set back 20 feet from Pilot Knob Road. If the City is to allow Mr. Linvill to have a building identification sign along Pilot Knob Road that is not located in his parking lot, the Commission will need to consider granting him a setback variance. Because of the additional right-of-way other businesses located along Pilot Knob Road have granted the County, signs have been setback from the original property line and are much less than the required 40 feet (i.e., Fotomark and Snapo). ACTION REQUIRED Review the request with the applicant and make a recommendation to the City Council. ; JED/PRB:madlr ; attachment 0 CITY OF MENDOTA HEIGIITS DAKOTA COUNTY, MINNESOTA APPLICATION FOR CONSIDGRATION or PLMINING REQUEST Case No. �� � `� �1 Date of Ap�lication � a��s/�S Fee Paid /�j , �� Applicant � �, Iv�L� � �-1 P��- � , Name: DU Last First Initial Address: � 3� �v� T"� y� i!/ �' ,c" ��3 G�!"C/� � 1JfK5ul�ft� 3 Number & Street C ty State Zip Telephone Number: ��� � S��`-� Owner Name : __�� 2 Last First Initial Address: Z�c� J�I /� 91tt�, ��-l�C7r Cf��'�-t- ./•.k l,��i S�l� ��-J, �%% 1�37 Number & Street City State Zip Street Location of Property in Question: /+ �`I�/ r�J)o� �����i ln��c' �'"i�uE�'`�. LJ . Legal Description of Property: ����" 7� ;? L,� �,"• '� ..�. L �� Type of Request: Rezonin�; 'x ��ariance �- Condi�ional Use PermiC Condi�ional Use Permit for P.U.11. � �(iilc�r Conditic�nal Use Permit Sul�division ��nproval Plan Approval. Wetlands Permit Other CT.'I'Y Qf' Ml;NllO'CA HGICH'i'5 t�f 1?MU Oct�ber 16, 1985 'I'0: Yl,�nning Commission FKOM: James E. Danielson and P<iu 1 ft. Berg Publ.ic Works Director Code EnEorcement Ofticer SUI3.Jt:C'1': Case No. 85-28, Linsmayer, Variance DISCUSSIUN Mr. Linsmayer proposes to construct a single family home on Lot 17, Block 1, Valley View Oak lst Addition. The lot is a corner lot with frontage on:Cu��ligan Lane and Glenhill Road. The front lot line abuts Culligan Lane. Mr. Linsmayer desires to use his legal rear lot line as a side lot line for setback purposes. (See attached site plan). The City has granted such variances in the past for corner lots if a rear yard is provided along the remaining side lot line. Staff can see no technical reason not to grant the 20 foot rear yard variance. ACTION REQUIRGD Review the request with the applicant and make a recommendation to Council. •K ' �_ f -r.; � i :.j;`^-;i -., �^�--��:i s� F�-,.. c.%��:;f; �4`F:�'z" 4i PI. 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F' i'CL •.�+. !.� t .. , - �;;'`;r:.' xa %?;'�sc�','�.y3,:� 3;�i'`+r7'h"' •' b..4�-=:<' :d.. .:.;t" „s j� S,�.R. ..1'.aw 'i: Zy)'.�a ;.ar?r'� �.�n ��4�1 '.1�-ih: '`?.y�.d.� ..y.' � lyi ( 'y°t�{� ..kl�`'f' $' 3' ' t` ' ��:'R` "-���Rtt..: %,:t'.: Qi � '�' r y��:4' �3 '�R' a�i I K!y_ t":;`v.ai� . . .��s�!4:�: "1,�."Z- . . , bi. °•S� ... ,^..- � - "i .:�� n. ` f�; "� - 5 ,. {`' :�'t I+y•'i••�.. �� "' ' . - . , n + 4 }; CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES, OCTOBER 22, 1985 The regular meeting of the Mendota Heights Planning Commission was called to order by Chairperson Kruse at 8:03 o'clock P.M. The following members were present: Kruse, Frank, Henning, McMonigal, Morson, and Stefani. Burke had advised the Commission that he would not be present. Also present were Planner Dahlgren and Public Works Director Danielson. APPROVAL OF MINUTES Minutes of the September 24 meeting had been submitted previously, _ Commissioner Stefani moved approval of the minutes as submitted Commissioner Morson seconded the motion. Ayes: 6 Nays: 0 Minutes of the special September 25 meeting had been submitted previously. Commissioner Henning moved approval of the minutes as submitted Commissioner Morson seconded the motion. Ayes: 6 Nays: 0 CASE ��85-28, LINSMAYER, Mr. Nicholas�Linsmayer was present to request a variance to VARIANCE construct a single family home on Lot 17, Block 1, Valley View Oak within 10 feet of his legal rear yard. He explained that his lot was a corner lot and that he would provide a 30 foot rearyard area along his side yard, instead of his legal rear yard. Ayes: 6 Nays: 0 Chairperson Kruse noticed from the contour map that the rear yard area had steeper slopes and asked how useable the space would be. Mr. Linsmayer responded that he had walked the area with his architect and that it was useable. Commissioner Henning noted the lot was in the Critical Area Corridor and asked how close the proposed home would be to the 407 slope. Planner Dahlgren statedtha•t the 40% slope was some distance away and would not be a factor in siting the home. Commissioner Stefani had visited the site and stated that he felt that constructing two more homes between the two exist- ing homes (Swanberg and Culligan) would be crowded. Mr. Linsmayer stated that he had a right of f irst refusal on Mr. Culligan's vacant lot, and in the event Mr. Culligan decided not to build, he would purchase the lot for open space. Commissioner Henning moved to recommend granting a 20 foot rear yard variance Subject to the applicant providing a 30 foot backyard area along his west side yard. Commissioner Frank seconded the motion. �':; Planning Commission Minutes, October 22, 1985 Page Two CASE N0. 85-29, LINVILL, Tom Melander, Linvill Associates, and Jim Griggs from SIGN VARIANCE, DAKOTA LeRoy Signs, Inc., were present to request a variance to BUSINESS PLAZA construct a ground sign for the Dakota Business Plaza at a zero setback. They presented photographs of the area with the proposed sign location shown by stakes in the ground. They stated that to put the sign at the allowable setback would be to have the sign in the middle of their parking lot. Commissioner Stefani asked Planner Dahlgren what he thought the problems might be with approving this request. Ayes: 6 Nays: 0 VERBAL REVIEW MISCELLANEOUS ADJOURN Ayes: 6 Nays: 0 Planner Dahlgren said that there are two existing pylon signs along Pilot Knob Road with zero setbacks, but those wer.e approved at locations where there was exceptionally wide right-of-way widths. He felt that approving this request for a ground sign where there was not that condition could set a precedent. Commissioner Stefani stated that he would be willing to consider a variance that pushed the sign as far back as possible from the property line and still be visible and effective. Commissioner Frank moved to recommend granting a 28 foot variance to the setback requirement allowing the sign to be installed 12 feet from the Pilot Knob Road right-of-way subject to the sign being placed on bermed ground no more than two feet higher than now proposed. Commissioner Morson seconded the motion. Public Works Director Danielson reviewed the cases that had appeared before the City Council. Planner Dahlgren updated the Commission on the Council's amendments to the South East Area study. Commissioner Henning stated that unlike what was being stated at the City Council meeting, many noisy aircraft will be around until the turn of the century. He said much of th'e current problem could be reduced or eliminated by changing "course rules" to require aircraft to take off toward Mendota Heights and then follow TH 55 through Eagan's Industrial Park. Many airports have strict course rules such as this. There being no further business to come before the Co�nission, Commissioner Henning moved that the meeting be adjourned. Commissioner Morson seconded the motion. TIME OF ADJOURNMENT: 9:20 P.M. yi � :•;� :,; � Y;:: ;:� :,:� a� � C:�: f' PLANNING RSPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 22 October 1985 85-28 Nicholas J. Linsmayer Southwest Corner of Culligan Lane and Glen Hill Road Approval of the Rear Yard Variance 1.• This property, a single family residential lot at the southwest corner oP Culligan Lane and Glen Hill Road, was a part of the original plat developed by Doctor Culligan about five years ago. Larry Culligan, Doctor Culligan's son, owns the property to the south and resides in the large single family home on the west side of Glen Hill Road, south of the subjeet property. Larry Culligan has platted portions of his land and proposes to construct a new home to the north of his present house, which will be directly south of the property in question. 2. In order to provide adequate space for this home (north of Larry's home), a portion of the property in question was attached to Larry's new lot on the west side of Glen Hill. Under separate cover is a site plan of the proposed structure to be built on the property in question by the applicant, Mr. Linsmayer. You will notice that on the site plan a portion of the lot on the south side has been added to the property to the south. 3. Mr. Linsmayer's initial proposal was to construct his home at the far southwest corner of his property with the residence being located 10 feet from the westerly lot line and 10 feet from the southerly lot line. Mr. Linsmayer proposed locating his house in that fashion so as to maximize the view, whieh is basically direetly west. 4. The southerly portion of the lot is the rear yard, in the case of this corner lot, in as much as the frontage on Culligan Lane is less than that of Glen Hill Road. The rear yard setback in the city for a single family residential lot� is 30 feet. � LINSMAYER, 85-28 P,age � 5. We have discussed this proposal with Mr. Linsmayer on two occasions and have suggested that he move the structu easterly so as to achieve a 30 foot setback on the west si. of the lot, thus allowing for some back yard which will relate directly to the walkout basement level on the westerly side of the house. Mr. Linsmayer's current plans propose such a 30 foot setback on the west side, which we feel will compensate for the lack of adequate rear yard on the south side of the house. 6. The action requested, then is for a variance to the rear yard setback from 30 feet to 10 feet. This could be approved on the condition that the side yard setback to the house on the west side of the property be a minimum of 30 feet. In effect then, we will be substituting the back yard area on the west side of the house for that which would normally be required on the south side. Under separate cover are letters from the applicant, Larry Culligan, a sketch of the floor plans of the house, a site plan, and a survey of the property. DECLARATION OF RESTRICTIVE COVENANTS COPPERFIELD TH�S DECLARATION, made this day of . 1985, by Copperfield Associates, a Minnesota partnership. [hereinafter referred to as "Declarant"]. WITNESSETH: WHEREAS, Declarant is the owner of that certain real estate located in the County of Dakota. State of Minnesota. and legally described as follows: :� Blocks 1. 2, 3, 4, 5, and 6, Copperfield, according to the plat thereof now � on file in the office of the County Recorder for Dakota County. Minnesota, [hereinafter referred to as the "premises"J: NOW. THEREFORE. Declarant hereby declares that the premises shall hereafter be held, sold, and conveyed subject to the following convenants, restrictions, h) and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the premises and be binding on all parties having any right, title, or interest in the premises or any part thereof. their heirs, successors. and assigns, and shall inure for the benefit of each owner thereof. t. Land Use and Building Type. No lot shal) be used except for residential purposes. No building shall be erected, altered. placed, or permitted to remain on any lot other than [i] one detached, single-family dwelling; and [iiJ a private garage, either attached or detached, provided, however, that any purchaser of a lot from Declarant who erects a dwelling thereon may use such dwelling as a model for a period not exceeding 12 months from the date of completion of such dwelling. .f • + �.' For purposes of this Declaration the term "lot" shall mean any lot within Blocks, 1, 2, 3, 4, 5, and 6 as shown on the recorded plat of CopperField. 2. Dwelling specifications. No dwelling shall be erected, aitered or placed on a lot or permitted to rernain there other than one detached single-family � dwelling not to exceed two stories in height, as measured from grade. In the event � the dwelling includes a walk-out basement to the rear, the basement shall not be counted as a story. Such dwelling may have an attached garage for not more than 3 cars (but not a detached garage), and may have an attached or detached building for storage purposes. If the dwelling has one story [whether all on one level as in:. a rambler or on different levels as in a split-IevelJ, excluding any walk-out basement.� the first floor area shaGl be at least 1,300 square feet. If the dwelling has two stories, excludirig any walk-out basement, the combined total floor area of the first and second floors shall be at least 1,700 square feet. The first floor area described in the pneceding two sentences shall be exclusive of breezeways, open porches or garages. All structures constructed or placed on the property shall be completely finished on the exterior thereof within nine months after commencement of construction. 3. No Temporary Structures. No trai ler, basement, tent, shack, garage or any other structure of a temporary character shall be used on any lot at any ti .me;�. as a temporary or permanent residence. 4. Building Location. No building shall be located on any lot nearer to a front lot line, a rear lot line, an interior side lot :line or nearer to a side stree,t�... right of way line, i� any than the applicable city ordinance, as relates to this subject plat, shall allow. For purposes of the covenants and restrictions set forth in this paragraph 4, eaves, steps, fireplaces, and open porches shall not be considered as .. part of a building, provided, however, that this shall not be contrued to permit any eave, step, fireplace, or open porch on a lot to encroach upon another lot. 2 5. Easements for Utilities and Drainage. Utility, drainage and scenic easements are reserved as shown on the recorded plat of Copperfield. Within such easements no building, structure, planting, fill, or other material shall be placed on, or permitted to remain, which may damage or interfere with the installation and maintenance of utilities, or which may change the direction or impede the flow of water over the drainage easements. Such easements shall be maintained continuously by the owner of the lot which is subject to said easements except that such owner shall not be responsible for those imporovements for which a public authority or utility company has assumed responsibility. 6. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which is or may become an annoyance or nuisance to any owner of any lot. 7. Signs. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent, o� signs used by a builder to advertise the property during the construction and sales pe�iod. This restriction shall not apply to permanent entrance monuments which may be approved by the City of Mendota Heights and erected by the Declarant. e. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats and other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. Dog kennels are prohibited. 9. Garbage and Refuse Disposal. Trash, garbage or toher waste shall be kept in sanitary containers. All equipment for storage or disposal of such material shall be kept in a clean and sanitary condition, and screened Prom public view. 3 � r: � 10. Radio, Satellite and Television Antennae, etc. No radio or television ' "' broadcasting or receiving antenna or other similar apparatus shall extend more than six feet above the roof of the dwelling located on the lot on which said antenna or similar apparatus is located. 11. Recreational Equipment. Recreational equipment is defined for the purposes of this Declaration as travel trailers, pickup campers or coaches, vans, motorized dwellings, tents, trailers, fish houses, boats and trailers, all of which must be less than seven feet in height above the ground. No recreational equipment shall be used on a lot for living, sleeping or housekeeping purposes. No such equipment shall be parked as permitted herein unless it is in condition for safe and effective performance for the function for which it is intended. Recreational equipment whicli�r` is parked on a lot for a cumulative period of 30 days or more in any calendar year will be treated for purposes of this Declaration as being stored. No recreational equipment may be stored on a lot unless completely enclosed in a garage or accessory structure. 12. � Architectural Control Committee. a. There is hereby created an Architectural Control committee ["Committee"J which shall initially be composed of the following: Name Richard A. Putnam James L. Ostenson Steve T. Ryan Address � 6440 Flying Cloud Drive, �k 106 Eden Prairie, MN 55344 6440 Flying Cloud Drive, 106 Eden Prairie, MN 55344 P.O. Box 40 Excelsior, MN 55331 .��-r.�. :�.x A majority of the Cornmittee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the 4+� 4 � � -- ' �remaining member or members shall have full authority to designate a successor or successors. Neither the members of the Committee, nor its designated representative, shall be entitiled to any compensation for services performed pursuant to this Declaration. At any time after 90% of the lots affected by this Declaration have been sold by the Declarant or its successors and assigns, to owners who reside in dwellings constructed on said lots, then such owners of a majority of all of the lots affected by this Declaration shall have the power to change the membership of the Committee, eliminate the Committee or modify its powers and duties. Such action shall be effective only when evidenced by an instrument which has been executed by such owners of a majority of the lots and recorded in the office oF the County Recorder, Dakota County, Minnesota. b. No building. fence or wall shall be erected, place or altered on any lot until the plans and specifications and a plan showing the location of the structure, elevations, and finished grade levels have been approved as provided in Subparagraph c below by the Committee as to [i] quality and type of workmanship and materials. [ii) external design and harmony with any existing structure, and [iii] location with respect to topography and finish grade elevation. Accompanying such documentation, .� shall be the name and address of the party to whom approval or disapproval is to be mailed. Approval or disapproval will be effective on date of postmark when mailed `< by first class mail, postage prepaid. and addressed to the named party. Plans and ' specifications and site plans shall be deemed to have been redceived by the Committee when one or more of the Committee members or its designated representative acknowledges receipts of such documents in writing. c. The Committee's approval or disapproval shall be in writing. In the event the Committee fails to approve or disapprove the plans and specifications and site plans within 30 days after the same have been submitted to it, or in any event, if no suit to enjoin the �ubject construction has been commenced prior to � the completion thereof, approval will not be required and the restrictions, covenants, and conditions set forth in this document shall be deemed to have been complied with. 5 ' r 1 ' �- � + Y.,'kT 13. Term. These covenants, restrictions, and conditions are to run with the land and shall be binding on all parties and al) persons claiming under them for a period of thirty years from the date these covenants, restrictions, and conditions are recorded, after which time the same shal) be automatically extended for successive periods of 10 years unless an instrument signed by the then owners of a majority of the (ots has been recorded, agreeing to change the same in whole or in part. 14. Enforcement. Enforcement shall be by proceedings at (aw or in equity either to restrain violation or to recover damages, against any person or personsz . .. ,. violating or attempting to violate any covenant, restriction or condition. 15. Severability. Invalidation of any one of these covenants, �estrictions or conditions by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. Copperfield Associates has caused this Declaration to be excuted the day and year first above written. COPPERFIELD ASSOCIATES, a general partnership - :51,"L.,. By Tandem Corporation. Inc., a partner By Lyman Lumber Company, a partner � a'.e � • M:4+, By - .,..,. By 0 , . �. . . �, ACKNOWLE�GEMENTS STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instruement was acknowledged before me this day of 1985, by the of . a Minnesota corporation, on behalf of the corporation, as partner o� Cooperfield Associates. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 1985 by and , a Minnesota corporation, on behalf of the corporation, as partner of Copperfield Associates. Notary Public 7 : :- , � DEVELOPER'S A[3REEMENT CONCERNINO SINGLE FAMILY DEVELOPMENT � ON THE 37 ACRES LOCATEO IN THE NORTH PART OF THE NORTHEAST QUARTER [NEI/4� OF SECTION 36. TZBN. R23W, MENDOTA HEIGHTS, MINNESOTA This Agreement, made and entered into this day of , 1985, by and between the City of Mendote Heights. Dakota County. Minnesota. [hereinafter called the "City"] and c/o Copperfield Associates, 6440 Flying Cloud Drive, Eden Preirie, Minnesote 55344, [hereinafter calied the "Developer"J. WITNESSETH: WHEREAS, Developer proposes a plat for a single family development in Mendota Heights to be known as Mendota Ferms Addition. consisting oF 56 single family lots on approximately 37 acres in the northeast quarter [NEI/4] of Section 36. in Mendota Heights, mare particulerly shown on the plat known as Copperfield, previously known as Mendota Farms Addition: and �t�' WHEREAS, public services are needed by the Developer from Mendota Heights in order to proceed with said development; NOW THEREFORE, it is hereby agreed by and between the two parties as follows: 1. Developer will petition the City for needed public improvements (Sanitary Sewer. Storm Sewer. Watermains, and 5t�eets). Developer agrees to pay �8.400.00 escrow to the City as per Ordianence 1503. 2. Developer will provide et no cost to the City all needed temporary construction easements to install seid improvements and those permanent, right of way and easements, necessery for said public i mprovements. } , 1 0 0 3. Mendota Heights will p�aceed as expeditiously as possible with hearings or 100% petitions and such additional proceedings es msy be required to cause public improvements to be instelled. 4. Developer will proceed immedietely to commission a registered land surveyor to place enough lot corners so that street centerlines can be located by City Staff. 5. Where site grading occurs, the Developer agrees to protect the environment by the use of good erosion control methods. Minimum �_ erosion control requirements will consist of top dressing, seeding and mulching of disturbed areas within 30 deys oP site work completion, as well as the use of staked hay bales where concentrated surface water runoff takes plece [per grading planJ. 6. Developer intends to begin construction of 2 of 3 model hornes on Lots before final plat appraval. The City is willing to '�i• allow that construction to commence with the understanding that there may be conflicts between the City's contractor and the Develaper's and that any damage done to the public facilities by the Developer or his contractor will be corrected by the City and costs charged to the Developer. 7. Developer acknowledges that there will be a park contribution due to the City. That contribution is to be determined by the City Council in conjunction with the City's Park end Recreation Commission before the City will sign the finel plat. 8. Developer .agrees to be respansible for the construction costs essociated with inco�porating the storm drainage fram the Montgomery Addition end Weed property into this development at no cost to the adjacent property owners. 2 • • " 9. r 10. Mendota Heights agrees upon receipt of request by Opus Corporation to respread equally, on e per acre basis, the assessments presently levied against this percel end the adjacent 100 acre parcel owned by Opus Corporetion. The proposed pedestrian trails within the street right of way as shown on exhibit B and through the public pe�k and the street trail will be installed with str t construction by the city contractor to a 5 foot width of e alt construction. The perk trail will be installed by the city contractor to an 8 foot width and esp It construction. The cost of the 8 foot trail will be credited to the developers park fee alang with the value of the y+ acres of land dedicated for park. 11. The developer agrees to move tree end/or shrubs f�om the property to the side yard of Mr. 6 Mrs. Gilbertson to provide a natural a.ppearance and buffer. The exact trees/srubs and number of each is not determined, but the intent is to spend a day with a�ree � mover on the site. The developer will pay the cost and Gilbertson will select with the developer's egreement, the trees/shrubs and planting locations. COPPERFIELD ASSOCIATES Tandem Corporation ey �cs CITY OF MENDOTA HEIGHTS Robert G. Lockwood, Mayor Kevin D. Frazell. City Administrator Lyman Lumber Company By irg PETITION FOR SANITARY, STORM SEWER, WATER, AND STREET IMPROVEMENTS AND WAIVER OF HEARING The undersigned, being the owner of the following described property situated in the City of Mendota Heights, in the County of Dakota and State of Minnesota, to-wit: Northeast Quarter (NE1/4 of Section 36, Township 28, Range 23 Pursuant to the provisions of M.S.A. 429.031, Subd. 3, the undersigned hereby petitions the City Council of the City of Mendota Heights to con- struct and extend said City's Sanitary and Storm Sewer, Water, and Street Systems so as to directly serve the above described property and to assess the entire cost of said improvements (including the cost of any land or easement acquisition incurred by reason thereof) against said property. The undersigned hereby further specifically waives the requirement of any hear- ing and said improvements and assessments therefore and further waives the requirement of publication and mailed notice of or with respect to any such . hearing or hearings. The undersigned further agrees to donate to the City of Mendota Heights any easements over the above described property required for said project. Dated: TANDEM CORPORATION By Its � • L I PLANNING RBPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 22 October 1985 85-29 Ralph W. Linvill West of Pilot Knob Road, Opposite Transport Drive (see sketch) Approval of Variance to Sign Setback 1. The property in question has been recently developed by Ralph Linvill. The structure is an office service building with over 50 percent offices orienting toward Pilot Knob Road. The structure will be known as "Dakota Business Plaza". 2. For process for developing the site, Mr. Linvill dedicated 17 feet of additional right-of-way for Pilot Knob Road on the west side. His parking is setback the required 20 feet from the new right-of-way and he now proposes to place a sign (as was originally proposed in his site plan) 17 feet from the old right-of-way. The sign, proposed to be a ground sign, measuring 13 feet � inches in width with a height of 6 feet 8 inches. The sign is to be constructed of the same masonry material as the structure� with the sign base to be done in the saare gray textured block, with the lighter blue masonry for the sign itself. 3• The sign area will be 87.78 feet. 4. Ordinarily, the sign regulation would allow for a 100 square foot sign on a pylon 25 feet high. In the past, the city has normally allowed ground signs to be closer to the right-of-way, a policy that has been consistently applied within the United Properties Business Center to the east and south. Having received this application on October 16, we have not been able to field check the location of existing signs on the west side of Pilot Knob Road. We will, however, attempt to do that prior to the Planning Commission meeting on October 22. � ■ tN�;;! `�. .%a> �}.' � � � � . � i: Y. :. 30 ?. 9 i. a ., ' , `, °. � • -�� ' I �}� ` •.. ` '��` is �� F �� ; � �, '. „�, ..:. :, . `, �S, • . � . ;�,� .�r. • • i � � ; �1, � ;��s.t�'• 0 �'"� � �� _ - f �� ".. e .:�`; i ; �' � i — �" " '" „�" '�t w ,.<iJ :L..tA`� lr.!t+eXfi I ��. ��� � ` � ' r, � sS =� � � . . �.. �� i• � �� � , ` 4 t4 �..� ; ' ' • � x , . :r'� �tiRt�� � ��Y. 3� i��S ' � t � ..+� l�aUai. � ,i �'..•� �`\��` +�-� •- • ��- ,,�� �3+ �` �s i Y „` t �,� �, � r`. r . �,S'" S �', 't, �?�^'� : ,e. , �. , it i Tr �.F,� �:.. , �, �,�;L '.'�Y� +r . � 'i1`!,$c �� t �`i�,2t Y _ � a� � � � � ,t y�� � '� f .-.f � j.�i � +'�r�~rF•.�t• �� k`i�� �•f5'i`4., �t ....; ., ti' ,.'t� �/�I'�% � �, i:� , . =� �,.� �i �"�"_ � '1y +�t i Y' ,�'� � � ,� y` l� ��.�� :� °� � Ix K'• � � 'i �.�:. ,' ,`;`� � i *��� �,r �+�`yr` t"wit '��n ' e. v�•iit+i`:;� ��� �'-tr� � I; .i•t'� ,`�1Q s::t il ��$.4. Ata;•„�; r:3„�.a.;�„� Y zs +� � ��* �_ +�t�"�' ��'����.����.••'� ! i4S .� :;�e.�.,r : � � • � � ���3 `' i. i ,.��. "� w."4�t.. - �'."y'• r , Y` Consulting Planners One Groveland Terrace (612 377- 5 � Minneapolis Minnesota 55403 Dahlgren, Sha�dlow, and Uban/Incorporated yl�y� i : ►��� .r� DATE: T0: FROM: RE: i October 22, 1985 ' Howard Phil Sign Setbacks on Pilot Knob Road/ Mendota Heights I checked business si�s on Pilot Knob Road in Mendota Heights from I-49�+ north to the railroad tracks, and found seven major permanent signs. This does not include temporary leasing signs. I measured the setbacks of these existing signs both from the centerline of Pilot Knob Road and from at lea.st one other per�anent feature along the roadway. On the west side of Pilot Knob Road there are two rows of telephone poles; one fl,om about T�^ansport Road south which is set further out, varying fran 50' to 70' from the centerline. The inner set, at the north end by the Dakota Business Center, is about 28' fY�om the centerline, or 5' inside the old 33' right-of-way. Distance from Centerline of Distance Sig�r Pilot Knob from: Mdta Hts. Bus. Pk(S) 110 feet 17 feet Airport Bus. Plaza* 100 feet Mdta Hts. Bus. Ctr 90 feet Pilot Knob Bus. Ctr* 80 feet Mdta Hts. Bus. Pk(N) 92 feet S�apo Rivet & Tool 70 feet Foto Mark, Ine. Dakota Bus. Ctr. 62 feet 50 feet 30 feet 25 feet 9 feet 27 feet 17 feet 12 feet 35 feet 22 Peet 0 feet Feature Fence Outer Tel. Pole Sidewalk(outer edge) Outer Tel. Pole Sidewalk(outer edge) Outer Tel. Pole Outer Tel. Pole Inner Tel. Pole Inner Tel. Pole Outer Tel. Pole * These two signs on the west side of Pilot Knob, either side of Northland Drive, appear to be at or inside the new right-of-way line (scaled fran u00' scale m�ap) �'f ��� : �' _ _ _ - •i j � i � ./,f �_� _ w i� �A � ; �. 1:; -'':i;; ,;; . %'� %' i ;; , ..;�%i` -�� �■1■!�!,raif:C.i�7:i�:�1i��: Snapo � � � ' usi e�s C nt I� 4�rnbrt Busimess iP nenva�ia n 3usin��c F :'s OPUS CORPORATION � DESIGNEFiS � BUILDERS • DEVELOPERS October 23, 1985 James Danielson City of Mendota Heights 750 South Plaza Drive Mendota Heights, MN 55120 Dear Mr. Danielson: In connection with the development approvals sought by Tandem � Corporation for our property in the vicinity of Delaware Avenue and Huber Drive, Opus Corporation requests that the outstanding special assessment balance on the two parcels (Parcel numbers 27-03600-011-04-7 and 27-3600-010-01-6) be respread on an area basis against the entire 137 acres. Please let me know if you require anything additional. Sincerely, .. � �,�C� Mi hele Foster Assistant Director Real Estate Development - MF/hl , - cc: Jim Ostenson MWNGAPUUS • i;II1CA(in • PHOENIX • fdltVJ�UY.f.0 CXECUTIVI: qhFICG:i l30U OPUS C[NTCH • 9900 HRC�J qOAD LAST • PO BOX i:N) � 1A�fJ�JE'AI'(1LIS. MINNESOTA ,55440 (612) 936�anqa � � CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION N0. 85— RESOLUTION APPROVING FINAL PLAT FOR COPPERFIELD SUBDIVISION WHEREAS, a final plat for Copperfield Subdivision has been submitted to the Council; and WHEREAS, the City Council has reviewed said final plat and finds the same to be in order. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the final plat of Copperfield Subdivision submitted at this meeting be and the same is hereby approved. 2. That the appropriate City official be and they are hereby author— ized to execute the final plat on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 3rd day of December, 1985. ATTEST: Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor �� j CITY OF MENDOTA HEIGHTS MEMO October 23, 1985 TO: Meyor, City Council, City FROM: Kathleen M. Swanson City Clerk Ad '�tr�tor SUBJECT: Motor Vehicle Ordinance DISCUSSION On October 1st Council tabled indefinitely discussion on the proposed motor vehicle ordinance. The tabling occurred both because Council did not have adequate time to review the draft and because of the lengthy agenda and acticipated lengthy October 15th agenda. The November Sth agenda is also substantial, but we believe the ordinance to be of enough signi£icance, particularly with regard to the section relating to snowfall removal and snowbird violations, to be included in this agenda. Publication�of an ordinance must occur before it can become effective, and we hope to be able to affect enforcement with the first significant snow£all o£ the season. INFORMATION The attached draft is substantiall.y the same as that which was distributed with the October lst agenda�(typographical errora corrected), however it incorporates the corrected section 3 which was addressed in the add-on agenda memo. In the earlier veraion bold type atyle was used to enhance the type £or all new language: bold type is used in the attached document only to highlite new aectiona. � • i.,, x ��` RECOMMENDATION/ACTION REQUIRED '�� `�^� --------------------- -------- , ,.w. ,�,. �.� p proposed If Council concurs in staff's recommendation to ado t the motor vehicle ordinance it should take the,�.following action: .- 1. Move adoption of Ordinance No. 218, "AN ORDINANCE REPEALING CERTAIN MOTOR VEHICLE AND PARKINGj`ORDINANCES." •� a �` 2. Move adoption of Ordinance No. 219i"AN ORDINANCE REGULATING'MOTOR VEHICLES AND TRAFFIC," and to auth rize summary publication in a t. £orm prepared by the City Attorney.� = � � 3. Move to re-number all remaining ordinances �in Section ' City's Code of Ordinances. . 7r m CITY OF MENDOTA HEIGHTS MEMO October 23, 19$5 T0: Mayor, Cit Co wncil and Cit A�ini�rator Y Y� � FROM: James E. Danielsan Public Works Director StJBJECT: Linsmayer, Variance Case No. 85-28 DISCUSSION: At their October meeting the Planning Commissian considered a 20 foot rear yard varaance request from Nick Linsmayer ior a corner lot Iocated at the sauthwest quadrant af Culligan Lane and Glenhill Road. Subject to the applicant providing a 30 foot rear yard area along the side yard Che Planning Commission voted unanimously �o recommend approval of his variance reques�. RE�OMMENDATION: The Planning Cor�nission unana.mousl.y recammends granting a 20 foot rear yard variance. ACTION REQUIRED: If the City Council wishes ta implement the Planning Commission's recommendation they should pass a motion granting a 20 faot rear yard set- back variance, subject to a 30 foot area being pravided alang the west side yard, for Lat 17, Block l, Valley View Oaks lst Addition. CITY OF MENDOTA HEIGHTS N�MO October 23, 1985 T0: Mayor, City Council and City �r�t�tor FROM: James E. Danielson Public Works Director SUBJECT: Dakota Business Plaza - Sign Variance Case No. 85-29 DISCUSSION: The Planning Commission considered this variance at their October ' meeting. The Planning Commission members felt uncomfortable with granting a variance to allow a zero setback so the applicant agreed to move the sign 12 feet back from the right-of-way line. With that condition the Planning Commission voted unanimously to recommend approval to City Council. RECOMMENDATION: The Planning Commission recommends that the City Council grant a 28 foot sign setback variance for Dakota Business Plaza, 2401 Pilot Knob Road. ;, ACTION REQUIRED: If the City Council wishes to implement the Planning Commission recom- mendation they should pass a motion approving a 28 foot sign setback vari- ance for 2401 Pilot Knob Road. C'!� J� � �, `I. . ,, J Consuiting Planners One Groveland Terrace 612 377- 5 Minneapolis Minnesota 55403 Dah{gren, Shard{ow� and Uban/Incorporated � �•: I11 DATE: October 23, 1985 1�0: Mayor, City Council, and Planning Co�ission, City of Mendota Heights FROM: Howard Dahlgren, City Planning Con.sultant • -' •> • RE: Southeast Area, Implementation oP Comprehensive Plan and Zoning Ordinance Char�ges m Introductian • The Cameil, in its actions at the October 15 meeting, gave us direction for the standards to be inoot-porated into the C.ompc�herLsive Plan and new Zoning Districts relating to the Southeast Area. To accomplish this _�;; purpose, �re propose the follaring: 1) An Addend�t to ti�e Com�c�er�sime Pl.an for the South�st Ar� will be prepared �ich �rill address the issues raised by the study, rather t�han 6�oing into the original Cocopc�erLsive Plan and amending it Pieceneal. A draPt oP this dddendun follaws. 2) The Goals and Policies in this dddendum will reflect both the g+eneral aims for the Soutiiea,st Acea and the specific development standai�ds to be encouraged. 3) Three aes+ Zoning Districts �rill be prepared: IDi-PpD, Kt-P�, and Ottice-P[�, being Planned Unit Development Zoning,Distriets which Will apply to the High Density Residential areas, Medi�.m Density Residential ar�s, and the Limited Business (Office) areas respeetively. 4) The present zoning for the entire Southeast Area wfll r�emain as the imderlying zoning for the ar� until ,r.ezoned at the discretion of the Co�meil Lnder the nesa PUD Zones Whieh are oonsistent with the nesi ci�anges in the Compreher�s i ve Plan . 5) The existing R-3 Zaning District Will be amended to inelude language relating to the requested reduetion in density and other development eriteria. South�st Area/ Comprehensive Pl,an and Zoning Implementation 2 6) The existing R-2 T�,►o Family Zoning District will be amended to serve as the Medivar Density Residential (MR) District. 7) A new Comprehensive Plan designation will be added, called LR-II LoW Den.gity Residential, which will be guided for two units/acre. This will be the designation for the area north of Mendota Heights Road and east oP Huber Drive. 8) A new Zoning District corr�sponding to this LR-II designation will be added, to be called the R-1C District, requiring 20,000 square foot minimum lots. � � The purpose of the Comprehensive Plan is to set forth the "official • policies Por the physical development of Mendota Heights", and these policies are "intended to be implemented through the adoption of the Land Use Plan and the use of effectuating regulations" (quotations from the 1979 Ccmprehensive Plan). The Zoning Ordinance is then the tool for developing these effeetuating regulations. Some of the standards recently expressed in the Council's actions on the Southeast Area are already mentioned in the 1979 Comprehe�sive Plan, and are cited below, as well as other examples which apply to`the issues �- raised: Under Section A, (�IERAI. GOAIS, one of the goals is : " 1. Maintain the commtu�ity character and identity." ��`�' �� r Beneath these gaals are �pporting (�idelines which expand on some of the - details of this goal, one of which is: .� " 3. Continue the emphasis on quality design, innovative solutions, and a high g+eneral aesthetic level in conanunity development through the development of site design standards and review of the '��� development by the City." . Under Seetion B, R�STi)FNI'TA1- GOAIS is the goal: " 1. To perpetuate a quality residential environment." The Supporting (�idelines inelude: _ .�.. " 7. Pursue high standar�ds of residential development in the City. 9• Promote non-discriminatory housing practices. 10. Promote innovative planning and design solutions." There is one F�IVIRON�ITAL At� APPCARANCE GOAL, which reads: " To preserve and enhance the natural beauty, uniqueness, and attractive appearance of the Co�nunity." Southeast Area/ Comprehensive Plan and Zoning Implementation 3 Its Supporting Guidelines include: " 1. Maintain high standards in public and private building design and landseape site design. 10. Protect and preserve natural water drainage, water recharge areas, and water ponding areas." We suggest that the language of the Addend�n refer to these existing goals as well as stating new goals and standards to express the specific concerns raised. • � � � u � :�• •� i• • �r �:r : • � • .�• �� �• . Introduction The purpose of this Addendum to the Comprehensive Plan Por the Southeast Ar� is to set forth the standards for the physical development of that portion of the Mendota Neights Imown as the Southeast Area. This doct,unent is intended as a companion to the original 1979 Comprehensive Plan. The location of this area within the City is shown on the attached graphic, Figure 1: South�st Area I�ocation. Its boundary is delineated on Figure 2, South�.4t Area Boindary, and is described as follows: "Beginning at the southeast oorner of the Corporate Limits of the City of Mendota Hei�ts, then westerly along said Corporate Limits to the centerline of the right-of-way of Interstate Highway 35E, then northerly along said centerline to the centerline of Mendota Heights Road, then easterly along said centerline to the centerline of Dodd Road, then northerly along said centerline to the north line of the south half of Sectior� 35, then easterly along said line continuing into Section 36 to the center point of Section 36, then northerly along the west line of the east half of Section 36 to the north line of Section 36, then easterly along said Section line to the centerline of Delaware Avenue which is the eastern Corporate Limits of the City, then southerly along said centerline to the point of origin of this description, except those portions of the Haselberger Addition and the Simek Rearrang�nent in Section 35 which fall within this description." t� • In addition to the Goals already included in the 1979 Canprehensive Plan the following goals are adopted for the Southeast Area: 1. To p��ovide a diversity of hou.ging types Within the multifamily reside�tial area.g of the South�st Area. � Southeast Area/ Compreheilsive Plan and Zoning Implementation u Supporting Guideline: 1. Repetitive design of structures'shall be limited to 150 units in a given developcnent or on contiguous properties. 2. To encourdge developmeilt which �rill be sensitive to the natural beauty arid terrain oP the Southeast Area. 3. To �dg+e developmerit at an appropriate scale for the area. Supporting Guideline: 1. Multiple family structures should be no more than 24 units per building, except by Conditional Use Permit. 4. To enoour�age development �hich provides the opportunity for property ownership by its residents, this being r�ecognized as benePicial to the ��nity as a Whole. . LAND QSE Pi,AN The Land Use Plan for the Southeast Area is hereby amended according to the pattern on the attached graphic, Figur�e 3, Sout,h�st Ar� Land Use Plan. The land use desi�nations on this plan are as follows: LB-PUD Limited Business The Limited B�asiness area is intended primarily for office anc� similar uses. The developments should emphasize well desi�ed structures;�;.on adequate sites with quality landscaping and parking areas on-site�to provide an overall attraetive setting. , Where natural site features are to be preserved as part of the development, or when a mixed use development is proposed, this can best be accommodated through the use of the PUD approach. � .�., HR-PUD High Density Residential (8 units/acre) The I�t-POD areas are intended for a variety of housing types, including apartments, eondominit.�s, townhouses, other clustered multi-family housing, duplexes, single family homes, and others. The developments should work with the natural features of the land in . the siting of the buildings and should emphasize quality desi� and materials, a variety of densities, and a scale appropriate to the area and surrounding land uses. These ideals can be achieved bes� by using the PUD, Planned Unit Developcnent approach. The overall density is guided for eights units/acre. The specifie density and development standards will be outlined in the Zoning Ordinance, under the R-3 District or the I�t-PUD District. � South�.st Ar�/ Co�aprehensive Plan and Zoning Impleme�tation 5 !�t-PiJD t�ledi� Den.sity Residential (4 i.mits/acre) The I�-PUD areas are intended for a variety of housing types, including apartments, condomini�s, townhouses, other clustered multi-family housing, duplexes, single family homes, and others. The developments should work with the natural features of the land in the siting of the buildings and should emphasize quality design and materials, a variety of densities, and a scale appropriate to the area and surrounding land uses. These ideals can be achieved best by using the PUD, Planned Unit Development approach. The overall density is guided for four units/acre. The specific density and development standards will be outlined in the Zoning Ordinance, i.mder the R-2 District or the I�2-PUD District. LR-II LoW Den.4ity Residential (2 units/acre) The LR-II areas are intended for single family homes at a relatively low density. This designation is between the existing LR Low Density Residential and RR Rural Residential in intensity. ♦ The developments should work with the natural features of the land in the placement of the lots and the homes should emphasize quality design ... and materials. The overall density is guided for two i,mits/acre. The specific density and development.standards will be o��tlined in the Zoning Ordinance, under the new R-1C District. � �I�,,��►. �; � r, : „�� :.,«,n..,ia,rr. R-3 I�u7-tiple Family Residential District The Cot.mcil directed Staff to draft an amendment to the Zoning Ordinance that w�ould decrease the maxim� allowable density in the R-3 Zone to 8.0 units/acre. The language in the present Ordinance does not contain a single simple number for the maximun density, but rather refers to a table indicating the total lot area required per unit for each size of unit, and also whether the building is a single story or more. In addition, there is a lot area credit per unit given for each parking space provided underneath the building. Therefore, a given development would be allowed different densities depending on the mix of one, two, and three bedroom units; on the height of the struetures; and on the parking arrangements. The absolute theoretical maximum density would be reached by a development of all one bedroom units in three story buildings with a p�arking space underneath for each unit. This comes to 11.5 units/acre. A project like this would never be proposed realistically, and a more reasonable project containing two bedroom and one bedroom units in an even mix, with parking i.glderneath, would yield a density of 10.5 Lmits/acre. A project of all two bedroom units would result in 9.6 i.ulits/acre. Southe+ast Area/ Canprehe�n.give Plan and Zoning Imple+mentation ' 6 The nLcnbers used widely in our discussions have been an existing density of 10 units/acre, and reducing that to 8 i.mits/acre. We propbse adjusting the rnunbers'in the table to achieve a reduction in the densities of 20� in all cases. Under this method, the densities quoted above would be as follows: Development All 1 Bedroan, parking i�der Mix, 1& 2 Bedroom, parking t.mder All 2 Bedroom, Parking under Old Nos. 11.5 u/a 10. 5 u/a 9.6 u/a New Nos. 9.1 u/a 8.3 u/a 7.6 u/a� In addition, the standards expressed in the Ccmprehensive Plan about ��. variety of buildings and the scale of the development should be included in . this ordinanee to set a minimun threshold beyond which the Council would have diseretion in reviewing projects. This would be achieved by requiring . a Conditional Use Permit Por projeets going beyond these standards. It is important to note that the purpose for including language that triggers a Conditional Use Permit is not to completely disallow certain uses or to restrict them uznecessarily, but to make sure that when uses exceed the minimuffi requirements they adhere to certain reasonable conditions, hence the title Conditional Use Permit. This is different from non-permitted uses, which would be expressly deleted fY�om any list of acceptable uses in a district. Sample Ordinance: � Section 1. Ordinance No. 401 Imown and referred to as the "Mendota Neights Zoning Ordinance" is hereby amended as follows: _ Under Section 10.1 Permitted Uses, Section 10.1(1) is amended to read as follows: "Dwelling struetures containing two (2) units to twenty-four (24) imits, provided no more than one h�mdred fifty units in a given� development project or on contiguous property are in structures which are identical or substantially si.milar architecturally." Under Section 10.2 Conditional Uses, add the following paragraph: "10.2(7) Dwelling structures of twenty-four (24) units or more. Section 10.4(4) is-amended to read as follows: •�r "The following minimum lot area per dwelling unit requirements shall be observed: �:: . ._. �� 1 Story 6,310 sq. ft. 7,500 sq. ft. 2 Story 5,500 sq. ft. 6,530 sq. ft. 3 Story or more 5,100 sq. ft. 6,050 sq. ft. C-• •• i 8,290 sq. ft. 7,210 sq. ft._, 6, 680 sq. ft;: �� Southeast Area/ Canp�r�he�sive Plan and Zoning Imple�entation 7 R-2 Hedi� Density Residential Zoning District The existing R-2 Zone allows a two family structure (duplex) on a 15,000 square foot lot. This comes to 7,500 square feet per unit, or 5.8 units/acre. This is higher than the 4 units/acre intended for the new MR Medium Density Residential areas in the Southeast Area. By reducing the density in this zone and adding other residential uses to the list of permitted uses, this district can itimetion well as the Medii,un Density Residential zone. Sample Ordinance: Section 1. Ordinance No. 401 lmown and referred to as the "Mendota . Heights Zoning Ordinance" is hereby amended as follows: The title of the Section will be amended to read as follows: "SECTION 9. "R-2" t�DIUM DENSITY RESIDENTIAL DISTRICT" Section 9.1 is amended to read as follows: "Permitted Uses ,� Within the Medium Density Residential District, no structure or land . shall be used except for the one (1) or more of the following US@3.n Section 9.1(2) is amended to read as follows: "Dwelling structures containing two (2) t�its to twenty-four (2�) LII'llt3. n Section 9.2 is amP.nded to read as follows: "Conditional Uses Within any "R-2", Medium Density Residential District, no structure or shall be used for the following uses except by conditional use permit." Section 9.4(1) is amended to read as follows: "No structure or.building shall exceed two (2) stories or twenty-five (25) feet whichever is the lesser in height except as provided in Section 20." � Southea.st Area/ Caopr�hensive Plan and Zociing Implementation Section 9.4(3) is amended to read as follows: �; "The following minim�mm requirements shall be observed subject to the additional requireroents, exceptions and modifications as set forth in this Section and Section 20. Lot Area/ Lot Dwelling Lot Area Unit Width 1 Family 15,000 sf 15,000 sf 100 ft Front Side Rear Yard Yard Yard 30 ft �o ft 30 ft� 2 Family 20,000 sf 10,000 sf 100 ft 30 ft 10 ft 30 ft* 3 Family 30,000 sf 10,000 sf 150 ft 30 ft 15 ft 30 ft or larger � Or 20� of average lot depth, whichever is greater R-1C Zoning District The R-1C District is intended to provide the opportunity for single family development at a density betWeen the existing R-1 Zone (15,000 square foot lots) and the R-1B Zone (30,000 square foot lots). The wording of this ordinanee will be almost identical to the existing �� R-1B Distriet, except that the District will be called "R-1C One Family Residential District", and the numbers in the last section will read as follows: - "The following minimum requir�ents shall be observed subject to the ,'' additional require�ents, exceptions, and modifications as set forth in this Section and Seetion 20. Hei t Lot Area Lot Width Front Yard Side Yard Rear Yard 1 and 2 20,000 100 ft. 30 ft. 10 ft. 30 ft., or 20 � of story sq. ft. average lot depth, whichever is �eater" Planned Units Development Zoning Districts The new PUD Zoning Districts will follow elosely the provisions of the existing Planned Un�t Development Ordinance, Section 19 of the Zoning Ordinance. The major changes will be to the first two sections of thatx Ordinance, outlining the purpose and general development standards. Section 00.1 Purpose and DePinition, is changed to read as follows: ; "The purpose of the Planned Unit Development District is to encourage a flexibility in the desi� and development of land in order to promote its appropriate use; to facilitate adequate and econanical provisions of streets and utilities; to preserve the natural and scenic qualities for open areas; to encourage a diversity of housing types within a � soutn�st Ar�/ comprehensiv�e Plan ana zoning Implementation 9 given development and within the community as a whole; and to limit development to a scale appropriate to the existing terrain and surroi.mding land uses." A new paragraph will be added after Section 00.1, to read as follows: "00.1(1) The Planned Unit Uevelopment District will be comprised of three types of zoning desi�ations, one of which will be applied for for a given development project: 00.1(1)a HR-PUD High Density Residential Planned Unit Development District: This District is intended to provide the opportimity to develop a Planned Unit Development of a nature and intensity generally equivalent to the R-3 Zoning District. 00.1(1)b I�-PUD Medium Density Residential Planned Unit Development Distriet: This District is intended to provide the opportunity to develop a Planned Unit Development of a nature and intensity generally equivalent to the R-2 Zoning District. 00.1(1)c Office-PUD Office Planned Unit Development District: This District is intended to provide the opportunity to develop a Planned t3nit Development of a nature and intensity generally equivalent to the B-1 Zoning District. Section 00.2 Approval and Administration (First five paragraphs identical to existing PUD Ordinance) , Sixth paragraph, Section 00.2(2), is changed to read as follows: ' F "In a Planned Unit Development District the rn.unber of dwelling units proposed for the entire site shall not ex�ceed the total rn.mmber permitted under the density control provisions of the equivalent standard Zoning Distriet. The HR-PUD District will use the standards of the R-3 Zoning Distriet as a guide; the I�t-PUD District will use the standards of the R-2 District as a guide. If the Planned Unit Development is in more than one (1) zoning district, the number of allowable dwelling units must be calculated separately for each portion of the Planned Unit Development that is in a separate zone, and must then be combined to determine the number of dwelling units allowable in the entire Planned Unit Development." Under A roval and Administration Section 00.2(4)a will be changed to read as ollows: "It is the intent of this Ordinance that the review of a rezoning to a Planned Unit Development District will be carried out substantially in the same manner as the review of any other application under the subdivision control ordinance. When such a rezoning is approved, the Planned Unit Development shall be designated on the Official Zoning Map of the City, and shall constitute the only zoning available to that property, other than the existing underlying zoning, until it is amended as provided for Lmder the provisions of this Ordinance." �K � Southe+a.�t Area/ Comprehensive Plan and Zoning Implementation 10 There are other minor details of the Planned Unit Development Ordinance which will have to be resear�ched to be certain that the wording is consistent with the intent, but ba.sically the remainder of the new PUD Ordinance will be similar to the existing Section 19 PUD Ordinance. Many of these details involve changing the wording in the existing ordinance which refers to a PUD as conditional use permit to wording expressing its new status as a zoning district. � � 1411V DArE: October 23, 1985 T4t "ta�ar, City Council and City A �r�ator FRO`1: Paul R. Berg Code Enforcement Officer SUBJECT: Building Activity Report for October, 1985 CURRENT MdNTH YEAR TO DATE - 1985 N0. VALUATION FEE CdLLECTED N4. VALUATION BLDG PER*1ITS � sF� 4 474,829.77 3,1b1.41 56 6,585,478,59 �r a o o a Q C/I 4 77,Q00.00 810.71 39 6,694,138.00 rtzsc. 15 204,536.58 2,108.76 117 59$,790.32 su$ TOTAL23 756,366.35 6,080.88 212 23,8$3,4Q6.9i TRADE PER*tITS Plbg � Wtr � Swr 8 Htg, AC, Gas Pipe g SUB TOTAL33 LICENSING Contractor's Licenses 3� 168.Q0 67 45.00 62 140.00 48 376.50 82 729.50 259 75o.oa � 318 0 FEE COLLECTED 44,029.68 Q 32,521.12 11,204.61 87,755.41 1,638.00 12,807.50 840.00 5,749.50 21,Q35.Q0 • i li YEAR TO DATE - 1984 N0. VALUATION FEE COLLECT.=! 45 5,075,164.83 34,918.66 3 6,750,QOQ.00 28,749.60 4b 2,765,213.00 17,236.46 131 2,$69,065.27 20,402.09 225 17,459,443.10 201,306.82 91 72 62 108 333 4,290.00 360.00 1,16Q.OQ 1a,�6o.00 7,475.0� TOTAL �6 $756,366.35 $7,560.38 789 $13,883,406.91 $116,740.�1 857 $17,459,443.10 $124,85i.81 NOTE: All fee amounts exclude Sac, Wac and State Surcharge. Amounts shown will reflect only permit, plan check fee ar vaivatian amounts. 0 CITY OF MENDOTA HEIGHTS MEMO October 23, 1985 T0: Ma or, City Council and City �n�.n�r'�tor Y FROM: James E. Danielson Public Works Director SUBJECT: Easement Vacation - Brompton Courts Plat DISCUSSION: In 1976 when the Brompton Courts plat was approved the applicant plat- ted a 20 foot wide utility easement diagonally across the middle of Lot 5, Block 1. In researching City files it appears as if the easement was for private use only (no City utilities are in it). Lot S does not have a home on it, it is being used as yard space for the large home on Lot 4. The owner of Lot 4 now desires to sell Lot 5 for a new home site and would like to vacate the easement because it substantially limits the placement of a new home on the lot. (See back for map) RECOMMENDATION: The utility easement is not needed by the City and staff recommends that the easement be vacated. ACTION REQUIRED: Conduct a public hearing and based on input from the hearing decide whether or not to vacate the easement across Lot 5, Block 1, Brompton . Courts. If Council wishes to implement the staff recommendation to vacate the easement they should pass a motion adopting Resolution No. 85- , RESOLUTION APPROVING VACATION OF UTILITY EASEMENT IN LOT 5, BLOCK 1, BROMPTON COURTS. � � r. 1 �� ���. . I � '�;1 � . r ' \ ��� ` � �� .: i � ` ti � �t � r: J ._ L ti i%' ..� 1 i�:� .�l ... , �� J r 's � �� � , �i'} ��� L... 1 ' s L�vF a� rvr f�cus E,asr �. ��sr � _ �:'_ �z1a. �z�+� �_ � `1 �r"io`.00 �'. �e� oo ; 8,o � g t� h�,v, u� a� cor ,►, ,� u7 su � � EXtSTtN6 EASE.-": o ! -�- �— - -�-� - -- - - - _. _ _ � _... f.. - - -� -�° � - - h"�!'�" - - . j�o` ry � _ _ , _ _ , � _. _ ' � � v'� y � � �, l t 5,794�! �� 3p � � t 8 3� �i. ; ` O �"� '\W �000 �. � 6 _ Ha 103� $ � � � � � ? .1 0 �J � ` tT-�etao-asa-a4 � � ��$ Q' ti , (O� Qy � 25. i4 �.; b N�"2d',i ` y "`� �....,, ~ �' , a'l f 54z "�..., � y � \ `a \ �O Op ., 7c 1 J �JrV� DO � 't, o ` , '� dx90°27'S2` I � _��` � � 7 � : � Rr,� � � 1 1�0 1 ISr426 g . 4� � I .Oa .� � � ` „(,Q.AQ ,"� S ,y w'"' O '`"� o h r M �� � � ` '"' � No. I 03 9 �N " o � `°�. ,� � ,� _� ` ` .� o p h Q1 M kl N �t��� .1, ~ � � � h � N �c ; y� ` ` +atoa-osa-o� q Q \ �/�N�'. . 6O Q� � � V i�, N e3�oe',� "w �� R:� � R��Gb is �� e. es '"�a=�,��,�e" 2 . � � � R=saaa � y � � �� -�p'� 4 . i :. A`� 9� � . e •; � �� v..�a•,�► b�22��g�'Zt1� � 4 � �r � `r+�,�a, s�2o3 � o �4 3o,sa3Q _,�p,� �, A •�J �, � � �+ c7 o hi� � �Lr,��- 1 �:. � �� � � � i� F! 0 1443' � W' � 1 ' f Wo �' I W 16200-040-01 ' � ro ad � , i .� ; :k .,�... I I� � W�. _.� . P20 � . ... ft�l:�it .... EAS� : N. LIX£ Of S. ldd.00 FJ: .4f LOT f, �tUtt Stld. XO. .�--'"y � 4T � Ho, 1034 �a:oo-a�o- N 89°25! /9f. 5 � H p, I �6200 22�560 �, � Ha.1��44 �.too-o�o-o� i� City of Mendota Heights Dakota County, Minnesota RESOLUTION N0. 85- RESOLUTION APPROVING VACATION OF UTILITY EASEMENT IN LOT S, BLOCK l, BROMPTON COURTS WHEREAS, Thomas P. Dolan is the current record owner of Lot 5, Block 1, of the property included within the plat of Brompton Courts, Dakota County, Minnesota; and WHEREAS, a petition has been duly presented to the City Council of the City of Mendota Heights by Doherty, Rumble & Butler on behalf of Thomas P. Dolan for the vacation of a 20 foot wide utility easement particularly described as follows: All of that portion of Lot S, Block 1, Brompton Courts, County of Dakota, State of Minnesota being within two lines drawn parallel to and ten feet from either side of a line described as follows: commencing at the Southwest corner of Lot S, Block l, Brompton Courts; thence South 83D 08M 14S East a distance of 60.01 feet along the southerly boundary of said Lot S to the point of beginning of the line to be described; thence North 16D 26M OOS West a distance of 113.49 feet, more or less, to a point on the northerly boundary of said Lot 5 that is 25.74 feet, more or less, from the Northwest corner of said Lot 5 as measured along said northerly boundary, and there terminating. WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable Minnesota Statutes; and WHEREAS, a public hearing was held on said vacation on November 5, 1985, at 8:00 o'clock P.M., at the City Hall of the City of Mendota Heights; and WHEREAS, the City Council then proceeded to hear all persons interested in said vacation and all persons were afforded an opportunity to present their views and objections to the granting of said petition. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the drainage easement described above, sit- uated in the City of Mendota Heights, is in the best interest of the public and the City, and is not detrimental to the health, safety and welfare of the community. 2. That the above described utility easement be and the same is hereby vacated. _ �•. <-. 0 3. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials a notice of completion of these vacation proceedings, all in accordance with the applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this 5th day of November, 1985 ATTEST: Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor � CITY OF MENDOTA HEIGHTS MEMO October 25, 1985 T0: Mayor, City Council and City�d�ir�t�'f�ator FROM: Larry Shaughnessy, Treasurer SUBJECT: Health Resources, Inc. INTRODUCTION We have called a hearing for Health Resources for an IR bond issue to be held at 7:45 P.M. on November Sth. We have been advised that Health Resources would like for now to put the hearing and issue on hold for the time being. After consulting with Tom Hart and the Company, we feel the following procedure should be followed: 1. Call Hearing to Order. 2. Announce that issue approval is to be delayed. 3. Take public comment on issue. 4. Continue hearing to December 3rd, which would be about the last possible date that action could be taken. By this action, we could avoid a republication if the problems can be resolved by that time. 0 LES:madlr 1.'. �.�jk , ^s*,{-� �'` � � . Qctober, 24, Z985 Mr. Larry Shaughnessy, Treasurer City of Mendota Heights " 750 South PZaza Drive Mendota Meights, Minnesota 55120 Dear Mr. Shaughnessy: On behalf af Health Resources, Inc., I want �a withdraw .its request for approval of Indus�rial DeveZopment Bond financing. Pres�nt.Iy, NeaZih Resources does not want to continue the appZicat.ior� process ar�d as discusssed over the teZepharre, requests the project be announced "on hold►, at the Navanber 5�h public hearing. M.ike Putzier and I great.Iy appreciate the efforts yau and Tom Hart have extended to date and look forward io future inieractions. Sincerely, i� t_�tti..�..t.'-�-��►�.. � ��L Carolyn Koch Corporate Development Manager CK: dr �c: Tom Nart .7ohn Reil.ir�g Mike Putziex ����i) El:i'I_�{1V(}Uti t�t'{;llt!(', �'1.E()�Cit'<}t)C�, {�"Ilili7C:S(}i:! ���{)J C>!2i 77t}-913;� R ,. CITY OF MENDOTA HEIGHTS MEMO T0: Mayor and City Council FROM: Kevin D. F s��� � City Admi � � SUBJECT: Public Works Radio System October 28, 1985 Attached are memos and letters from Chief Dennis Delmont and our radio consultant, John DuBois, recommending that we proceed to acquire the equipment for the Public Works Department at a cost of $28,746.16. As you can see, this is slightly below the amount that was originally anticipated in the project budget. Since installing the Public Works equipment will necessitate antennaes on our water tower, DuBois is recommending that at the same time, we proceed to install the Police and Fire antennaes for the repeater system. This will cost an additional $965.68. West St. Paul City Manager Bill Craig has agreed that it is reasonable to proceed with this part, and that we can obtain a credit for this expenditure against our portion of the final bill for the joint police and fire system. Dennis will be present at the meeting and will answer questions. ACTION REQUIRED Motion to authorize radio consultant John DuBois to acquire public works radio equipment and police/fire antennae from the ISD 191 bid, at a cost of $29,711.84. KDF:madlr attachment �' � MEMO O�tober 18, 1985 TQ: �ICevin Frazell, City Administrator Tam Olund, Public Works Superintendent FROM: Dennis J.Delmont, Chief of Polic�j��� StIBJECT: Public Works Radio System Attached please find copies of the new FCC license for the Public Works radio system, �he quota�ian for purchase and instalI.atian of the system, and a].etter of recommendation from our radio consultant. His recommendations include: l. Buya.ng and installing the Police/Fire antennaes an the water tower at the same time as �he Public Works antennaes. This would save on the insCallatian costs, 2. ilsing a base statian in the Engineering office instead of remotes. This would be more expensa.ve initially, but would eliminate ghone line costs and soon pay for itself. 3. Upgrading antennaes far additional cast. .:•<� The totai Public Works system cost comes to $2$,746.1b, with the additionai $965.6$ for Police/Fire equipment, the total wauld be $29,711.84. Du$ois' estimate for Public Works was $29,C?4Q.OQ. Please note the last paragraph in Communica�ions Genter's letter Chat makes reference to the need to move quickly. I would recammend that we accept DuBois' recammendation and autharize him to mave farward on the project. DJD:cb CITY OF MENDOTA HEIGHTS �C�7 Octaber 2$, 1985 T0: Mayor and City Council FROM: Kevin D. Fra � � Cit Admi 'strato� Y SU83ECT: Request for Council Agendas Former Councilman Jim Losleben has requested that the City pravide the opportunity for citizens to "subscribe" to the city agenda for a reasonabl.e fee. He is speaking simpiy of the cover agenda page. Based an my previous experience in Coon Rapids, Z would agree that this is an excel].ent way far those who are truly interested in city affairs to stay abreast of what will be before the Council, CYtarging a nominal fee discaurages those who si.mply put their name down on a mailing 1.ist, then continue to receive copies for years after they have atty true interest. I would suggest an annual fee of $17.pQ. This would be approximately 50G per agenda (wa.th special sessa.ons we easily run tha.rry meeta.ngs per year), plus a$2.00 administrative charge for �he effort af biliing and receiving payment. Si.nce I am assuming that Council would have no objection ta providing this ogportunity for interested citizens, I am taking the liberty af placing this on the Consent Calendar. Unless Council directs otherwise, we wi11 proceed to implement it. ACTION REQUIRED Motian to authorize subscriptians to city caunca.l meeting agendas at an annual fee of $17.�OQ. iCDF: madlr A a ll�•, •^ ri��.• \"..-1�.•• � ..�� � ` .' .. 1 . . � ..� ... , E'i�Ph f. .f n:�:�i'v hLr9,/�i�ss IO qc 2uu � � � f . 1 � ti/p/► E. e Coli A1. H���/roin . /O A �- — � — � — - �uia c. , , . � � � ��--------- ---- _. / �, /,� � Q / �. � i � . /�•�• �' � '� '•'/ ' \� • • / �' / I . � ' �� ' -• — � . . . ���` . I �C4 � � �I . w � r � -. " �r ����n � _ � �6+i.F Sollr Robrna ef. al. n��,�� ' ` UGMZ'� — Ro/►o � �� � � �� � � � -� � �� � � � �,�, � „� � �� � \ Fi�i�rf ` L �cy Ow�-�r� IO Arc. ,.,,..� ❑ :�■ �. , 3.i v�e. I icar . •-- '� �rSl�XYK�GX��iJC�i,X �9 .��. � __. + s,t ,� ,.,,.., PLACE � � I �� ^ ��+X�K}k71GM ,.,,,-c ----- '--- ----�,`_-----•------- � --- ' . � � �L�.i� ICENNEDX ,�� �j— — - — - — — - � _ `- ` � ' h�r3�X?�XYt��}�E, n���� - .. - I � ` � , ' ' �'�` RAY KANE �, � �-- .- _.__ , � ` `T.M. m.�.�nwy � ,.�,r� � -- . _.._ . __ . ..._..__. • • • �lt�� TORN DOWN • . , .�.i�. �erri.�,, �e�a . . �, � 5AN . TOWNSMIP ----- _ � ' -----•—•—. � � . T. 2�T Ny Q..�3 W. 4� M � r. • -, ' 1 � ` �` � � � CITY OF MENDOTA HEIGHTS ''JI'� T0: Mayor and City Council FROM: Kevin D. ze 1 City Ad nist� r October 29, 1985 SUBJECT: Suburban Rate Authority Request Regarding NSP Rate Increase As Council will recall, earlier this year we received a letter from St. Paul Councilman Bill Wilson, requesting our consideration to participate in a multi-city effort to intervene in NSP's requested electric rate increase. At that time, Council decided to inform Councilman Wilson that we were satisfied , that our interests would be represented by the Public Utilities Commission and the Suburban Rate Authority. Attached is a letter from the Suburban Rate Authority, now asking our consideration to contribute to their cause. As noted, the Rate Authority and the City of St. Paul ha�e each contributed $20,000 to the effort. Apparently the SRA is aski:ng non-member communities to consider a contribution of .05� per capita toward the effort. Based on our latest population f igure of 8,060, this ';:t would be equivalent to $403. The SRA has provided the attached prototype resolution. ACTION REQUIRED To determine whether Council wishes to f inancially support the SRA effort, and if so, adopt the attached resolution. KDF:madlr attachments MEMBERS BIOOMINGTON BROOKLYN CENTER BROOKLYN PARK BURNSVILLE CHAMPUN CIRCLE PINES COlUM81A HEIGHTS DEEPHAVEN EDEN PRAIRIE EDINA exce�sioe FRIDIEY GREEN WOOD HASTINGS HOPK�NS IAKE ST CROIX 6EACH IAUDERDAIE IORETTO MAPLE PIAIN MAPIEWOOD MINNETONKA MINNETRISTA NEW BRIGHTON NORTH ST. PAUI ORONO OSSEO PLYMOUTH RICHFIEID ROBBINSDALE ROSEVILLE 5T. ANTHONY ST. LOUIS PARK SHAKOPEE SHOREVIEW SHOREWOOD SPRING PARK VADNAIS HEIGHTS VICTORIA WAYZATA WOODLAND SUBURBAN RATE AUTHORITY October 28, 19a5 Mayor Robert G. Lockwood City of Mendota FIeights 750 So. Plaza Drive Mendota Heights, MN 55120 Dear Mayor Lockwood: �� � =, �, ;;_:,; �� il ,�,;,`.�j Tn 1975 and in 1976 several cities joined the Suburban Rate Authority for the purpose of intervening in a Northern States Power Company electric rate case before the Public Utilities Commission. The purpose of that effort was to assist the Commission in establisYiing proper electric rates. On August 1 of this year NSP filed a petition with the Public Utilities Commission asking for an increase of $129,000,000 per lear. The request of residential users is an increase of over 15� in the electric rates. The Suburban Rate Authority Board of Directors has committed $20,000 to the joint effort, as has the City of St. Paul. Several other cities served by NSP have expressed an interest in supporting the case. The SRA Board has asked me to correspand with the mayors of those cities which participated in the first rate case with the purpose of asking them to again participate. In the first case, a contribution of 10 cents per capita was requested. Because of the broader support in the present case, I suggest that 5 cents per capita is sufficient. The broader our base of support is, the more effective we can be. We hope you will consider supporting our effort to keep electric rates as low as the circumstances warrant. I enclose a draft resolution for your use. I will be pleased to answer your questions. You May reach me at (612) 425-1950. You may also direct your calls to SRA counsel, Glenn Purdue at LeFevere, Lefler, Kennedy, 0'Brien & Drawz in Minneapolis, at (612} 333-0543. Very truly yours, �,�.V-�.Ji.�-�'�- Graydon R. Boeck Chairman GEP/md Enclosure 2000 FIRST BANK PLACE WEST • MINNEAPOLIS, MINNESOTA 55402 •(612) 333-0543 RESOLUTION REQUESTING THE SUBURBAN RATE AUTHORITY TO ACT ON BEHALF OF THE CITY OF ( ) IN ELECTRIC UTILITY R.ATE REGULATION MATTERS AND AUTHORIZING THE PAYMENT OF SERVICE CHAFGES THEREFOR WHEREAS, the City of has determined that it is in the public interest to cooperate with other munic- ipalities in a joint effort to insure that municipal interests and the interests of consumers of electricity be adequately and effectively represented in the present NSP rate case which is before the Minnesota Public Utilities Commission, and WHEREAS, there now exists an organization of municipalities in the Twin Cities Metropolitan Area, known as the Suburban Rate Authority, which has had considerable experience in utility rate regulation, and WHEREAS, the Suburban Rate Authority is authorized under its joint powers contract to conduct rate investigation and par- ticipation in rate regulation matters on behalf of non-member municipalities at their request and upon such reasonable con- ditions, including payment of cost of service, as may be imposed by its governing body: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF , MINNESOTA, AS FOLLOWS: 1. The City Council of the City of , Minnesota, hereby requests the Suburban Rate Authority to partic- ipate in electric rate regulation proceedings before the Public Utilities Commission relating to the public rate filing. 2. If such request is approved by the Suburban Rate Authority, the City of agrees to contrib- ute reasonable costs for such service to the Authority in an amount of not less than $100 nor more than $10,000 based upon a computation of $.05 per capita, said payment to be`made no later than 60 days after approval of this request by the Authority. 3. The City Clerk is authorized and directed to transmit a certified copy of this resolution to the Chairman of the Suburban Rate Authority. �.� r�. CITY OF MENDOTA HEIGHTS MEMO T0: Mayor and City Council FROM: Kevin D. Fr z City Admini rato SUBJECT: Highway 13 Task Force October 29, 1985 Attached is a letter from Lilydale Mayor Harvey Bream, requesting a Mendota Heights representative to a Task Force to deal with Highway 13 concerns. Police Chief Dennis Delmont will be working with the committee in a staff capacity and Mayor Bream would like to have a member of our City Council to serve as a regular member of the committee. ACTION REQUIRED Select a member of the City Council and authorize them to serve as the Mendota Heights representative. KDF:madlr attachment �'ift� �f �'iltJr���� (�n c�"`'�ie +c��ississi��i 855 5IBlEY MEMORIAL HIGFiWAY i liIYDA�E, MINNESOTA 55118 1 PNCtNE 454-4d01 October i'�� 1�8� TO: Mayor Lockwood Mendata Fieights FROM: Mayor Hreaan Lilydale SUBJECT: Desi.gn & Use of Highway 13 ,+y t ^ '� /� .i? ! Y�" " � ;r;��y, The desi.gn and use of Highwa}r 13 is a matter of concern to Lilydale residents and the City Council. The problems rela�e to access and egress at junctu�c^es with Victori.a and w3.th Highway 35� speed limi.ts� and roadsa.de parking. The State of Minnesota I�igh.way Dept. i.s generally norx-responsive to these concerns. Mendota Heights shares frantages on Highway 13 with Lilydale. Lilydale woul.d li.ke to see a commission composed of a represen.tata.ve from Mendata Heights, La.lydalei Mendata an.d the Palice Dept. which searves the tharee cities� work with �he State Highway Dept. to resolve the cancerns which exa.st. The purpose of this letter is to 501.2.C1t your support for such a united effort, and to aslc �hat you appoint a commi.ssion member far Mendota Heights. I hope you will look favoarably on this request. ��� H ey B 1 � am TANDEM James L. Ostenson Richard A. Putnam �ORPORATION �KERS � PLANNERS � DEVELOPERS 6440 Flying Cloud Drive, Eden Prairie, MN 55344 /(612) 941-]070 To: Project: By: Date: Si.ibject: Meredota Heights City Coi.mcii COPPERF7ELD formerly (Me�iota Farms) Tandem Corporation and Lyman Lumber Company October 30, 1985 Revised �te PIan for Phase I Enciosed is a copy of our proposed revised site pian for CopperfieId. We have made a coupie of changes which reflect the CounciTs recommendations. 1. 2. One iot was removed from Block 4 as requested making the remaining 7 lots wider. ' The 4 lots in Block 5 have been increased in depth and oriented with their rear yand south facing. 3. The park area was eniarged slightly along Huber to inciude the drainage swa le • at the north end o f the pond. This required shi f ting our two street intersections with Huber Drive northeast about 30-40 feet. 4. The scenic easement line along the lake has been staked on the site. This iine wili be surveyed, if acceptable and included on the finai plat. S. The streets north of Huber Drive have been changed by shifting the cui-,de-sac north, thereby reducing the double frontage lots aiong Huher. The revised pian retains the same 23 lots just in a siightly different configuration. � 6. The "eyebrow" with three iots has been enlarged and a center island added to better de fine the street and provide a pianting area. 7. The Ist Phase plat for CopperfieId is now 55 lots rather than 57 with an outiot (Bi1G 6) to be plattecl as a future lot in Phase li. � We are preparing covenants, scenic easement and architectural review standairIs which will be provided to the city sta f f for review. We will be present at the November Sth meeting to answer any questions you may have. 0 CITY OF MENDOTA HEIGHTiS MEMO T0: Mayor and City Council FROM: Kevin D. Fr 1� � City A istrator , SUBJECT: Southeast Area Plan Amendments COMPREHENSIVE PLAN AMENDMENTS FOR SOUTHEAST October 30, 1985 Attached is the memo from City Planner Ho ard Dahlgren, proposing specific , language for the Comprehensive Land Use Plan a endments that were approved by Council on October 15th. Council should deter ine whether Howard's recom�nendation meets its intent, and if so, authorize him to repare the final amendments for � subsequent adoption. A memo from City Attorney Tom Har�t is att ched giving his opinion on the legality of the City involving itself in the r ntal versus owner-occupied housing question. Council directive on October lSth w s to include a statement of "strong preference for owner-occupied housing." Becau e it is legally questionable whether the City could, in fact, allow or disa low a development based on its rental status, staff suggests the alternative ording of Goal 4 in Howard's memo. ZONING ORDINANCE AMENDMENTS A document complimentary to the Comprehen ive Plan, the Zoning Ordinance will also need to be amended to incorporate.the new PUD zoning districts, and reduce the allowable density in R-3 districts. Aowar 's memo also proposes specific language changes to accomplish that. Also attached is Section 5.8 of the Zonin Ordinance'which stipulates the procedures for its own amendment. A 4/5's Cou cil vote is required, and although the Council can, itself, initiate an amendment it apparently must be referred to the Planning Co�ission for a public hearing. Council should refer any desired amendments to the Commission for public hearin at their November 26th meeting. COMMERCIAL AREA AT DODD/MENDOTA HEIGHTS ROAD As Council is aware, Tandem Corporation has at the SE corner of Dodd/Mendota Heights Road. T not suitable for any kind of residential developm a neighborhood commercial district. In the rathe over the apartments, rezoning, bond issue, etc., this issue in any depth, except to express some g there is really a neighborhood commercial market development. �urchased �the f inger pro j ect ion iey have argued that the land is ant, and should be considered for � long and laborious discussions �ouncil has never really addressed :neral skepticism as to whether yet available to support the 0 Ideally, the.developers would�of course, like to see this area designated as a planned unit development commercial district in the adoptions to the Southeast area Comprehensive Land Use plan changes. I have indicated to them that I do not feel that a majority of the Council is prepared to take that step at this point. However, I have said that it is my feeling that Council has not precluded the idea of commercial development at that area at some future date. Tandem would like the opportunity to begin a survey and discussions with residents in this area of the City, to determine just whether there is a market for neighborhood commercial, and what kinds of amenities people would like to see. They are rightly concerned that if the Council simply adopts the Southeast Area plan with this shown as high density residential, the neighbors will think the issue has been closed forever, and will not be open to any further discussions. As a compromise, I have suggested that perhaps Council leave the area designated high density residential in the Comprehensive Land Use plan, but in so doing, make it very clear in the public record that it does not consider the issue closed, and that it endorses the efforts of Tandem to enter into neighborhood discussions. Alternative ways for Council to deal with this issue include the following: 1. In directing the City Planner for final plan adoption, direct that a PUD commercial district be included in this area as an alternative. 2. Adopt the Southeast Area Plan as suggested in the City Planner's memo, but make it explicitly clear that the Council does not consider the issue of commercial developmenz at this corner a closed topic. 3. Simply adopt the plan as proposed in the Planner's memo, not addressing the commercial issue. ,,.,. . ACTION REQUIRED To consider the proposed language changes in the City Planner's report and direct staff on final wording for adoption. This action should include a directive and statement on the commercial designation at Dodd/Mendota Heights Road. A1"`so, refer the zoning ordinance amendments to the Planning Commission for public hearing. KDF:madlr .. ' S.8 Amendments 5.8(1) The City Council may, by an aff irmative vote of four- k•�� fifths (4/5) of all members thereof, adopt amendments to the Zoning Ordinance. 5.8(2) Initiation of Amendment - Proceedings for amendment of this Ordinance shall be initiated by either a petition of the � owner or owners of property within a zoning district, by a recommendation of the Planning Commission, or by action of the City Council. - 5.8(3) Application - All applications for amendment which are initiated by the owner or owners of property shall be filed in the office of the City Clerk and shall state the exceptional conditions claimed as a basis for the amendment. 5.8(4) Referral to Planning Commission - The City Clerk shall refer all applications for amendment to the Planning Commission. Upon receipt of the application and application fee, the City Clerk shall establish a date for a public , hearing by the Planning Commission and shall be responsible for the publication of hearing notices. 5.8(5) Planning Commission Notice and Hearing on Application for C Amendment - The Planning Commission shall hold a public hearing affording an opportunity for all parties interested to be heard and shall give not less than ten (10) days nor more than thirty (30) days notice of the time and place of such hearing published in the designated legal newspaper for the City. Within sixty (60) days after the date of refer- ence by the Council, the Planning Commission shall make a . written report to the Council stating its findings and ' recommendations. 5.8(6) The Council shall hold a public hearing within thirty (30) days after the receipt of the report and recommendations from the Planning Commission. If the Planning Commission - fails to make a report to the Council within sixty (60) days af ter the referral of the application, then the Council shall hold a public hearing within thirty (30) days after the expiration of said sixty (60) day period. Failure to receive a report from the Planning Commission as herein provided shall not invalidate the proceedings or action of the Council. The Council shall give not less than ten (10) days nor more than thirty (30) days notice of time and place of such hearing published in the desig- nated legal newspaper for the City. At the time of hearing, the Council may take final action upon the C application or it may continue the hearing from time to time for further investigation and hearing. The Council may also,.request further information and report from the Planning Commission. -::: CITY OF MENDOTA HEIGHTS MEMO October 30, 1985 T0: Mayor, City Council and City Ad i�-�t�ator FROM: Larry Shaughnessy, Treasurer SUBJECT: Equipment Certificates INTRODUCTION: At our October lst meeting, the Council authorized receipt of proposals for the purchase of $260,000 Equipment Certificates at the November 5th meeting. Offers are to be received until 4:30 P.M., on Tuesday, and a tabulation will be available for the Council meeting. ACTION REQUIRED: Adopt Resolution No. 85- lowest bidder. LES:madlr attachment � , awarding sale of Equipment Certificates to the CITY OF_MENDOTA HEIGHTS P�EMO October 30, 1985 T0: Mayor, City Council and City Admj�nis�rator • �� FROM: James E. Danielson Public Works Director SUBJECT: Sanitary Sewers and Water Service Connections Andersen/Curley Properties Job No. 8426 Improvement No. 85, Project No. 1 DISCUSSION: The Andersen/Curley improvement project which was constructed this summer is now completed. RECO��IMENDATION: Staff recommends that the Council accept the project and approve the final payment. ACTION REQUIRED: If Council concurs with the staff recommendation, a motion should be passed to adopt Resolution No. 85- , RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR ANDERSEN/CURLEY SANITARY SEWERS AND WATER SERVICES (IMPROVEMENT N0. 85, PROJECT N0. 1) City oE MendoCa lieights Dakota County, Minnesota RCSOLUTTUN N0. 85- RCSOLUTION ACCFPTTNG WORK AND AI'PROVING FT.NAL f'AYMF..NT FOR ANDERSEN/CURLLY SANITARY SEWI;RS ANll WATER SERVICES (IMPROVFMENT N0. 85, PROJ LCT N0. 1) WHERL'AS, pursuant to a written contract signed with the CiCy of Mendota Hei.ghts on July 17, 1985, Orfei & Sons, Inc. of SL-. Paul, Minnesota, has satisfactorily completed the constr.ucti.on o£ Sanitary Sewers and Water Ser.vices (Andersen/Curley Properties) 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 ac- cepted 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 $1,240.00, taking the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this Sth day of November, 1985. ATTEST : CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor Kathleen M. Swanson, City Clerk 1 h'Mv CITY OF MENDOTA HEIGHTS MEMO October 30, 1985 T0: Mayor, City Council and City �fl4�i�rif�ator ✓ FROM: Larry Shaughnessy, Treasurer SUBJECT: MPCA Noise Regulations Attached for your information is the hearing notice (November 19th) and a set of the proposed rules for the new MPCA noise regulations. Of particular interest is Section 7010.0030, which would indicate City liability for allowing new construction in an impacted noise zone. In effect, the change from L10 to LEQ makes the new regulations considerably more restrictive than current regulations and sets up a situation that will be impossible to meet before the year 2000. MPCA passes this off by reference, but no statement, to the effect that an LdN description will apply to aircraft noise. John Shardlow is reviewing these regulations, and the Council should indicate the extent of any City response to the regulations at the proposed hearing. � LES:madlr attachment , STATE OF MINNESOTA POLLUTION CONTROL AGENCY Pro�osed Amendments to Minn. Rules Parts 7010.0100 - 7010.0700, State NOTICE OF WITHDRAWAL Noise Standards OF PROPOSED RULE AMENDMENTS Notice is hereby given that the rule amendments proposed by the Minnesota Pollution Control Agency ("Agency") and published in the State Register (9 S.R. 2058, March 18, 1985) ("March 18 draft rule amendments") are hereby withdrawn�. The Agency received more than 25 requests for hearing on the March 18 draft rule amendments. On September 24, 1985, the Agency adopted a resolution withdrawing those proposed rule amendments and at the same time authorizing the Executive Director of the Agency to commence a rule hearing on a different set of proposed amendments to the State Noise Standards. The new set of amendments is a modified version of the March 18 draft rule amendments. Zn modifying the March 18 draft rule amendments, the Agency has taken into account comments received by the Agency during the comment period on the March 18 draft rule amendments. A copy of the Notice of Hearing on the newly proposed rule amendments is enclosed, along with a copy of the rule amendments ��� as proposed. . HOMAS J. KALI OWSKI � Executive Director '"�" Date: October 7, 1985 s.�. x ;:. INFORMATIONAL ONLY CITY OF MENDOTA HEIGHTS MEMO October 30, 1985 T0: Mayor, City Council and City Ad ' s�t� FROM: Larry Shaughnessy, Treasurer SUBJECT: Sewer Rates The first billing of the adjusted sewer rates have now been collected and the actual average rate works out to within $1.00 of that estimated at the time rates were set. ($29.50 actual, average $28.50). We have received a total of less than 10 actual complaints to the new rates and most callers noted that they had been prepared for the new rates through the news stories in the local papers and the City Newsletter. Work continues on reducing inflow. However, any benefit would not be noticed prior to our 1988 billing. ACTION REQUIRED: '' None, this is informational only. , ;� LES:madrl ,� .,� �_, .,� e . �: � • . w • . . , � 0 CITY OF MENDO TA HEIGHTS, MINNESOTA REQUEST FOR PROPOSALS FOR COMPUT$R SOFTWARE AND EQUIPMENT October 30, 1985 CONTENTS I. INTRODUCTION .................................... A. Purpose of Request for Proposal ............. B. Summary of Requirements ..................... C. Schedule of Events .......................... II. BACRGROUND INFORMATION ......................... A. Staff and Organization ...................... B. Major Data Processing Systems ............... III. GENERAL REQUIREMENTS .......................... A. Submission of Proposals ..................... B. Contractual Conditions ...................... C. Proposal Format ............................. D. Proposal Evaluation ......................... PAGE 1 1 1 2 3 3 3 5 5 6 8 9 IV. APPLICATION SOFTWARE REQUIREMENTS .............. 11 A. Fund Accounting System ...................... 11 B. Accounts Payable ............................ 12 C. Payroll ..................................... 13 D. Utility Billing ............................. 14 E. Police Management ........................... 15 V. SYSTEM SOFTWARE REQUIREMENTS .................... 17 A. Multi-user Operating System ................. 17 B. End-user Software ........................... 18 VI. COMPUTER EQUIPMENT REQUIREMENTS ................- 23 A. Central Processing Unit ..................... 23 B. Software and Data Storage ................... 23 C. Workstations ................................ 24 D. Printers .................................... 25 VII. �= ATTACHMENTS A. Application Software Description B. System Software Description C. Computer Equipment Description D. Training Description E. Cost Summary � �- �_ � .. �' � , ' � . ST� P, � t�v . ___ _... ____----- �>=-�-�s�. 4a �, �. �.___s_�. 838.� — _, .__ ----._.__._... __�._ �• �5���'_�. S?N� ., � o � �� N a � 44� Sv �V. � PP� __ 4 ! �P%.�-� �.,.: r.,G. . --° � � ` � �� � =o ,t: ---------____. . . __.. _ ___ cj i .____ . .: - : - --- ��- -- -- ` :.- � ��� � h�� uJ�r= T P. �3 � _ • � ln! Ur! • r: � � �i � � I NC.� rL2 � .�: Lv�i��; c.�:N-�-��: vN �� i�;i�; -�',E:� �nK• . - .. . : 1 �►�'. :' .. � � � � � � I 1 I =` ( � � . A�� �EP � � � . � ! ' ' �� � , � � F-�c' �:,R � -r ! � ' • � 1 i � - - .� _ � • ; ~A� �,J�, Cr.. k � � � � . 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"• , � Case,No: ,-..�.5 -�f , CITY OF iiENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA APPLICATION FOR CONSIDERATION QF PLANNZNG REQITEST ' ' DaCe of App].ication 14%3I%8S Fee Paid $335.00 Applicant Name : NORTEiLAND Lf�ND Cp�'tPANY Last , First Initial � � Address:__�o United Properties 3500 W$Oth St , Minneapo�j,,�, MN 554�1 Number & Street City State Zip Teleghone Number: {b12) 8�3-8$36 Owner • Name: Same as Applicant Last First Initial Address: Number & Street City 5tate Zi.p Street Location of Property in Questian: SE carner of Pilot Knob Road & Northland Drive Legal Descrzption of Property: _ Lats l., 2 and 3, Block 6, Mendota Heights Tndustrial Park Type of Request: Rezoning Variance . Conditional Use Permit , Conditianal Use Permit far P.i1,D. :�tinor Conditional Use Permit X Subdivision Approval Plan Approval Wetlands Permit OCher � m CITY OF MFNDOTA HEIGHTS MEMO October 31, 1985 � l T0: Mayor, City Council and City Ad�in�traLor FROM: James E. Danielson Public Works Director SUBJ�CT: Dodd Road Trunk Watermain Assessm�nts Job No. 8317B Improvement No. 83, Project No. 7B DISCUSSION: At the October 15, 1985 meeting, the City Council approved an assess- ment roll for the Dodd Road trunk watermain assessments. All but two of those assessed requested and were granted deferments. One of the two who did not request a deferment, Ellen Gott, has now sold her property to the Visitation Monastery. The Monastery has sent the attached letter requesting a def erment f or that parcel also. RECOMMENDATION: • Staff recommends the Visitation Monastery request be granted. ACTION REQUIRED: If Council wishes to implement the staff recommendation they should pass a motion adopting Resolution No. 85- , RESOLUTION DEFERRING PAYMENT OF ASSESSMENTS (IMPROVEMENT N0. 83, PROJECT N0. 7B) VISITATION MONASTERY 24?5 Dodd Raad ST. PAUL, MINNGSOTA SS120 Oct. 29, 1985 James E. Danielson, P.E. Pub2ic Works Director Ci�y of Mendota Heights 750 South Plaza Mendota Heights, Mn. 55120 Dear Mr. D�nielson: Since our letter of September 9, 1985, regarding assessment for water haokap ta mains in the area af Aighway I�+9 and Mendota Heights Road, we have acquired the pa:operty af E12en C. Gott adjacent to whaC was cavered in our leCter. This additional property is described as foZlows: That part of the South 20 rads af the North 32 rods of the NE ij4 of the SE 2J4 af Section 35, Township 28, Range 23, lying West of the Jefferson Highway {StaCe Trunk Highway No. I49}, except the North b feet thereof. Wi1.l you kindly acN this to our assessment for whi.ch we wish to have a deferment considered? vIT � Sincerelys � m VISZTATI4N MONASTERY .�i S ��,� �(a. ,- U-Q � �:r � 1%� �Ia u ,�, .e V h`�t � President 1 r' i CITY OF MENDOTA HEIGHTS MEMO October 31, 1985 T0: Mayor, City Council and City A '�� FROM: James E. Danielson Public Works Director SUBJECT: Eide Lot for City Right-Of-Way HISTORY• In 1981 when staff completed a feasibility report for the Perkegwin Lakeridge Development, it was recommended that a lot on the end of Swan Court in the Eide Subdivision be acquired. Street and utility connections wbuld then be made at that point to provide a second street access to the new subdivision. The Lakeridge development did not go ahead and the lot was not acquired. There has been no pressure from either the Perkegwin land or the Eide land to f orce any further thought on the matter since that time. DISCUSSION• Councilmember Blesener recently called to report that lot prices in the Eide subdivision had been reduced so that lots should now begin to sell and develop faster. She suggested that we review the situation and make a decision on whether or not the City need to purchase that lot bef ore it is too late. I spoke with Howard Dahlgren about the street connection question. He feels that a street configuration could be made such that the entire Perkegwin development would exit on Dodd Road. He feels that the Eide lot need not be acquired for street purposes. (see map) Next we reviewed the utility requirements and found that although sanitary sewer and watermain would best be designed connecting at Swan Court A in the Eide Subdivsion, they too could all be connected at Dodd Road only. Storm sewer for the west portion of the Lakeridge site was planned to extend south and connect at Swan Court to avoid dumping storm water into Rogers Lake. A outlet into Rogers Lake could be accomplished. ALTERNATIVES• . - 1. Acquire the lot. THis would be difficult because the owner, Mr. Eide, is opposed to such a connecting point and initially indi- cated that he would not sell to the City. We would have to go through condemnation, a lengthy expensive process. 2. Acquire utility easements through the lot for storm sewer and watermain connections. This might also be an expensive alternate if the Eides are unwilling to cooperate. 3. Do nothing. Serve the Perkegwin site entirely from Dodd Road. RECONINIENDATION: Staff recommends that Alternative 2 be followed. Contact could be made with the Eides to determine if they are willing to sign an easement. If they do not cooperate and dollars need to be spent a funding source need to be established. (Developer or General Fund) ACTION REQUIRED: Review alternatives and give staff direction. � 0 'l 6b ON 'H '1'S ------�- ---r--_-- _ - 1N� � I � � � I J � �S� � ` M ` � � � � � �7s�o�o�d I M ---- , k }� J /�f� N ,, . s -� N ' _' � � ' . � N I � _ �-----", 3NV1 3�IlV ., � N � ,n � � � M M �-_�_ 1 � � � � N i � N N h In r--- N i . � N � Q lb � � � N � � m S6 N � --- d —' I � N ''�b �, � . W `^� ���' __�� h N 6L+ N � � f �----- _ �� ' N � OF�'� � ✓'SN �i � c� Y — aD � _ --� 4 r I - � �� � -- a _ � —, �w � N � : � �� i � M I � � � °' P ; ' � V 'wf:y.j iA �j.--' -d�n ' � •''r�' � ��'��, NVMS � ` _� J 0 W � v+ � C - 3 ,—.�- � � r � �--- � O� � tD � � N w ; � �� , ; : � t�w � �� � ° � - � � � � v, �`°� 3 � - ' ----'__ ,, � ,��` u.! o . � � i � a i - � 3 I � i � ; , : � � � b i � �_ ; �.� � � � � � � , i � O � , �. �-- __ _� ` i � r / \\ • � i � � � �� , I i/ � � /�' I I / � �� I / • ' ' � 1 I y � _ � - ----� . .si -- �_. --s��ob-- 1 , = ' � ► � �. � � �\ . CITY OC' MENDOTA HEIGHTS Pl�s518t� Ac�.GESs POIrfTS Tv 750 South Plaza Drive Mendota Heights. Minnesota PERKE�WIN SITE to/3o/e5 'Y l.eague of Mina�esora Cities y�,• ��/^ ��1�11"11��,IJqlu; 1, 1i '?'� • i �e "'e�:� `,:,7►,1�•..:��� � • .. _. :, . .. .. �. � Inc m n �'inancin ro'ect Tax re e t P J October 31, 1985 Mr. Lawrence Shaughnessy Treasurer 750 S. Plaza Drive Mendota Heights, MN 55120 Dear Mr. Shaughnessy: Earlier this month we informed cities that the League of Minnesota Cities and the Minnesota Chapter of the National Association of Housing and Redevelopment Officials (NAHRO) had joined together to support tax increment financing. A program of analysis and representational activities was developed. This step was taken in response to resolutions adopted by city officials who studied the possibilities of legislative action by the legislature in 1986 and beyond. The Boards of Directors of both the League and NAHRO reviewed the proposal and unanimously endorsed the program. The League/NAHRO committee retained the law firm of Holmes and Graven as a consultant. Pursuant to this program cities have already received a questionnaire on tax increment finance usage which will provide data for a comprehensive study. City officials will recall that the League/NAIiRO program is to be financed by voluntary contributions from cities involved in tax increment finance. These contributions will defray the direct costs of employing Holmes and Graven while the League would provide staff and other services to the effort on behalf of the cities who will benefit from the overall activity, but are not currently engaged in the use of tax increment finance. This letter officially requests your financial contribution in accordance with the enclosed invoice. Several alternatives were considered before establishing the assessment formula. All cities which had tax increment districts in 1984 payable 1985 tax year are being asked to proportionally contribute to the cost of the program. The two factors used are the total assessed value in tax increment districCs and the total assessed value of your city. Both of these factors have been adjusted by sales ratio. Statewide totals for all cities_using tax increment were established along with each city's percent of that total. Half the cost of the project is assessed based on each city's proportionate share of the total assessed value of the cities involved. The factors used and the resulting assessments are noted in the attached list. T�e sincer.ely hope that your city will comply with its voluntary assessment to„help preserve tax increment as a viable development tool financing in the future.,, Sincerely, `�i� �� Susan Edel I.MC President Sincerely, ��`�tif// � � /' l "�f.�' 7 Nancy Re ves NAHRO President rti - 1' ' � i TIF TIF ARV ARV Total Code City Ftrtor Assess�ent Factor Asseszaent Assess�ent t �� c��ty 12 AN01(A 0. Z0887c 111. 71 0. 5707�c 305. 35 � 417. 06 1� B1AIItE (JTl 0.2843X 152.08 1.1173X 597.76 � 749.84 17 C�.I�IA IfI6HTS 1.5096x 807.61 0.6446� 3M.64 � 1,152.46 18 C�1 RAPIDS 0.2449x 131.00 1.380P7c 738.40 ; 869.40 20 FRIDLEY 0.9211x 192.77 1.48727� 795.64 ; 1,2A8.41 21 HAM LA!(E 0.06177c 33.02 0.261BX 140.OB ; 173.11 E6 SPRIt� LK PK (JT) 0.15397� 82.3Z 0.2105t 112.60 � 194.93 Grver Coimty 52 (�iRSSE�I (JT) 1.70477c 912.04 0.3583x 191.69 S 1,103.73 53 CFiRSf(A 0.0560t 29.96 0.3458x 185.02 � Ei4.98 60 WACONIA 0.3019x 161.5Z O.lO50z 56.15 � 217.67 61 {�RTERTOrt�l 0. 06727c 35. 97 0. Q'S527c 29.5� � 65. Sl Dakota Co�mty B3 APPI.E VALLEY O.1B527� 99.07 1.00i6x 535.64 � 634.90 8� BIIRNSVILI.E 0. 04577c 24. 47 P. 3164x 1, ?39. P9 � 1, 263. 76 87 FARHIN6TOP! 0.1791x 95.84 0.166�ix 99.01 � 1B4.B6 89 HRSTII�S (dTl 0.26627c 142.41 0.46497c Z48.73 � 391.14 90 IMVER 6RQVE HTS 1.18597� 634.44 0.7353z 393.39 � 1,427.83 91 L.AKEVILLE 0.3496z 187.03 � 0.66B47c 357.58 : 544. 60 94 MQ�OTA ffI6fiT5 0.4450'f� 238.09 0.53307� 285.1T � 5z3.26 98 ROSE?101JFlT 0.27821� 148.84 0.31927c 1T0.79 1 319.63 99 SOUTH ST PAUL 1.58697� 848.99 0.7579f� 4U5.45 � 1,254.44 102 Y5T ST PALIL 0. OOBOt 4. 27 0. 8672f 463. 95 � �68. P2 Henneoin Coanty 114 B�OOISIN6TON 0.92077� 442.55 5.2813x Z,e25.48 � 3,318.02 115 BRC10!(LYN CEMER 0.11687c 62. 50 1. 339Sx �16. 65 � • 779.14 116 BROOKLYN PARK 1.SOOOx 602.52 1.7436z 932.85 � l,735.3T 120 CRYSTAL� 0.1618f 97.24 0.8413x 450.12 i 547.36 12P DEEPFIAVEN 0.1018x 57.67 0.2702f 144.� � 202.P1 1�3 E�EN PRAIRIE 4.1051x 2,196.24 1.6168x 664.99 � 3,061.?3 iZ4 mINR 2.0911x 1,118.71 4.1108x 2,199.29 � 3,318.01 126 60LDEJ�11 Vi�LI.EY P. 3748x 1, P70. 54 1. 64737c 881. 32 t 2,151. 66 130 �PKINS 1.165�87c 623.71 0.8528t 461.58 � 1, OA5.29 132 LON6 U� 0.118b7c 63. �5 0. 0893X 47. 76 ; 111. Zl 134 MRPLE 6ROVE 0.2�53x 1�0.53 1.10307� 590.10 � 710.63 135 MAPLE PLAIN 0.0425x P2.78 0.0625x 33.45 � 5� Zs' 138 MIM�APOLIS 39.71857� P1,249.39 16.68157c 8,924.62 : 30,174.02 140 KINi�EiUNF(A 0. 6976x 480.21 3.0523x 1, 633. 00 � 2,113 PO 142 IiOIJND 0.00037c 0.15 0. 3840x POS. �5 � 205.60 143 t�il F�PE 1.12617c 602. 45 0. 9895z 529. 40 � 1,131. � � 46 PLYl1�1lTH 0.19785 105. B4 2 27727� 1, 21 B. 30 � l, 324.14 147 RICFF'IELD 1.6062x 752.32 1.48171 742.68 � 1,545.00 148 RIIBBIttSDR1.E 0.8740t 467.60 0.52057c 278.44 t 74b.04 153 ST Wt+IT?fOh'Y (JTl 0.0231t , 12.34 0.4013X � P1�.71 1 �7.05 155 ST LOUIS PAR1( 2 0502t 1,096.84 2.5915x 1,388.05 � 2,48ti.89 157 WAYZpTA 0.39447c Z11.29 0.3938x 210.68 f 421. % Rarsey County 177 FALCON tEI6HT5 0.0531Z 28.39 0.�965x 105.11 � 133.50 163 t� BRI6HTON 0.1828X 47.79 0.99337c 531.39 ; 629.17 185 NORTH ST AAUL 0.1409x 75.38 0.3976x 212.73 � 288.11 166 ROSEVILI.E 0.2027X 108.46 2.17007c 1,160.94 : 1,269.40 190 ST P�ilL 11. 331 Bt 6, 062. 52 10. 5712't 5, 655. 58 � 11, 718.10 192 {�IITE BFAR l.A� 0..0891X 47.65 6. 83867c 448.65 t 496. 30 CITY OF MEFdDOT� HEIGHTS BIDS RECEIVE� $260, 000 EQUI Pf1E��T CEP,TI FI CATES ACCQUNT RATES OISCOUPIT � COST % RATE FIRST QAtlK 6.75y 1986/89 �1,300.00 $57,950.00 6.9819 St. Paul , h�n. 7 1990 A��ERICAP� NATIOP�,qL BAt��K & TRUST C0. 6.90� 1986/1990 1,150.OQ 5i�,420.00 7.038? St. f�aul , f4n. PIPER JAFFRAY b HOP4JOOD t�!i nneapol i s, Mn. MILLE° SCNRCDEP,PIUNICIPALS Minneapolis, �"n. 1.30" 1986 7.40 1987 1.10 1988 7 198 9 7.20 199Q 1�288.40 60,568.40 1.2977 7.50°� �966/90 1.300.Q0 63,550.00 7.656: CITY OF MENDOTA HEIGHTS MEMO October 31, 1985 T0: Mayor, City Council and City ��in'�r,�tor ✓ FROM: James E. Danielson Public Works Director SUBJECT: Sale of Park Truck (501) DISCUSSION: The City purchased a new 3/4 ton, 4 wheel drive pickup truck for the r=; Parks Department this year. That left the old truck (501) as an excess ` vehicle needing to be disposed of. Staff recently took bids by advertising in the Sun and the Sunday edition of the St. Paul Dispatch. :,� Six bids were received: James R. Ayotte Adolph Palm Newport Auto Sales Harry Kirsher Thomas E. Delsing Doug Swaser $3,050.00 3,026.99 2,805.00 2,395.61 2,376.01 2,Q01.85 (Loan value is listed at $2,200 and a minimum bid of $2,000 was set) RECOMMENDATION: Staff recommends selling Unit 501 to James R. Ayotte for his high bid of $3,050.00. ACTION REQUIRED• If Council wishes to implement the staff recommendation they should pass a motion authorizing the sale. CITY OF MENDOTA HEIGHTS MEMO October 31, 1985 TO: Mayor, City Council, City Ad ���tor FROM: Kethleen M. Swanson City Clerk SUBJECT: Commiaaion Term Expirationa INFORMATION Attached is a letter from Planning Commission Chairperson Cameron Kruse in which Cam informs Mayor Lockwood of his decision to resign his membership on the Commission at the end of hia current term. The term will expire on January 31at. The terms of five other commission membera, Plenning Commisaioners Burke and Stefani and Park Commissioners Doffing, Knittig and Leffert, will also expire on that date. DISCUSSION The fall issue of the newsletter will be printed and delivered in the very near future. Since the newaletter is the most widely circulated and ef£ective public in£ormation tool available to us, we will, unless otherwiae directed by Council, include an article on Commisaion term expirationa and potential vacanciea. In the article, we will alao aolicit "applicationa" for Commisaion appointment. ACTION RE�UIRED No formal action is required at this time, unless Council wishes to direct a letter of acknowledgement and appreciation to Chairman Kruae. Since the reaignation ia not immediately effective, it might be more eppropriate to make a formal preaentation of appreciation C£or inatance, a plaque or certificate> at a meeting closer to the date of term expiration. , � MINNESOTA: Minneapolis, Hibbing, St. Cloud, Rochester, St. Paul Affiliated Oflices. NORTH UAKOTA: Bismarck, Williston; MONTANA: Billings 920 Cheri Lane Mendota Heights, MN 55120 October 25, 1985 ;Y::�: Robert Lockwood, Mayor ''�� City of Mendota Heights 750 South Plaza Drive Mendota Heights, MN 55120 Dear Bob: . . .., . . ,. . ,. B�� ■��,. ENGINEERING TESTING Inwrpu�atetl Services Since 1957 J.S. BRAUN, P.E. G.O. KLUEi. E P,H. ANDERSON DALE R. ALLEN, P E C.G. KRUSE, P.E. JAMES J. CRAIG. Jr P D.R. NAUSLER, P.E. Reply To: OC?' 2, 8 ;�$� After considerable thought, I have decided that I would like to resign my membership on the Planning Commission at the end of this year. I believe that will fulfill my current term. I have certainly enjoyed the opportunity to be of service to the City. I have made many friends among Commission members, Council members and staff. ., However, I wish to devote more time to my church activities. To - do so I have to give up other things, one of them being the Planning Commission. I will not lose my interest in City activities; but will be active from the "audience" rather than from a Commission posi- tion. Thank you. Sincerely, �� -' ��� C. G. Kruse CGK:gec CONSULTING ENGINEERS / SOILS AND MATERIALS _ Affiliated Company for Chemical 8 Environmental Testing and Consulting — Braun Environmental Laboratories, Inc. � CITY OF MENDOTA HEIGHTS MEMO October 31, 1985 TO: Meyor, City Council, City i��tor F'ROM: Kathleen M. Swanaon City Clerk SUBJECT: Uniform Fire Code Ordinance Amendment INFORMATION While recently researching provisions of the Uniform Fire Code and City Ordinancea, Fire Merahal Faul Kaiaer diacovered that the City Ordinance which adopts the fire code referencea the 1973 �ditian. The edition which Paul has been and should be enforcing ia the 1982 edition. We have prepared a very brie£ amendment to updete the City's Ordinance. RECOMMENDATION/ACTION REQUIRED --------------------- -------- ••� Staff recommends adoption of the attached proposed ordinance. If Council concura in the recommend�tion it should move adoption of Ordinance No. 219, "AN ORDINANCE AMfiNDING ORDINANCE NO. 1007." � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE N0. 219 AN ORDINANCE AMENDING ORDINANCE N0. 1007 The City Council of the City of Mendota Heights, Minnesota, ordains as follows: SECTION 1. Ordinance No. 1007, known and referred to as "An Ordinance Adopting the Minnesota Uniform Fire Code by Reference" is hereby amended in the following respects: Section 1 of said Ordinance No. 1007 is hereby amended in its entirety so that as amended it shall read as follows: SECTION 1. Uniform Fire Code The Minnesota Uniform Fire Code (1982 Edition), including all appendices and supplementary material thereto, one copy of which has been marked as the "official copy" and which is on file in the Office. of the City Clerk, is hereby adopted as the Fire Code for the City of Mendota Heights for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, except such portions thereof as are modified or amended by Section 4 of this Ordinance. Every provision contained in said Code, except as modified or amended by this ordinance, is hereby adopted and made a part of this ordinance as if f ully set forth herein. Section 2. This Ordinance shall be in full force and effect from and after its publication according to law. Enacted and ordained into an ordinance this Sth day of November, 1985. CITY OF MENDOTA HEIGHTS By Robert G. Lockwood Mayor ATTEST: Kathleen M. Swanson City Clerk � MEMORANDUM T0: Mayor and City uncil City Admi ' � FR4M; Chief af ol��� SUBJECT: Permission to Trap Beaver introduction Thomas Heaney, i 81 S Vailey Curve is again befng victimized by beaver and wc�uld like to have the cQuncil waive our trapping ordinance so h� can trap on his prooert�. �..�4�G Every year at this iime we have a mfgratfon of beaver from the Dodge Nature Center. The animal population is sa high that they have to spread � out in order to survive. One of the areas they seem to like is Mr. Neaney's back yard They haYe remaved a great number af his trees, caused flooding and advanced to within a hundred feet of his home to find more building materia�s. The councii has apprc�ved Heaney's request �n past years. Di�cussion Alth�ugh we all love animals and en�Qy being able to view them in our area, these particuiar rodents are na benefit to the City. (n years past they "�' have cic�gged the drainage culveri under Marie� Avenue, removed trees from Valley Park and nearly dropped a� large tree on the park shelter. If they are not stopped at Heaney's properi.y the City may end up resp�nsible f�r stopping them somewhere else. We have t�ad numeraus complaints from �- residents on Valley Curve and Traii Road as weil. The Department af Natural Resources h�s lndfcated ihat the probiem is �ne of aver population and the trapping on Heaney's land is not going to impact the beaver world in any significant manner. �ur office only received twa complaints abaut the trapping last year. One concerned an egret which was caught in a trap. The bird was released, c�nharmed, by a paiice ofiicer. The oiher was from a person who mistakenly thought that the area involved was Valley Park. R��co�end�ti4n It is our fee�ling that the beavers have a negative impact and therefore reccQmend that the ordinar�ce be waived so that Mr. Heaney can trap beaver on his property as ]ong as he complies with all state laws and Department of Natural Resource poiicies and pracedures. Action Rea�aired That cc�uncil grant a waiver ta the Mendota Heighis trapping �rdinance to Mr. Thamas Heaney specificaily for trapping beaver on his praperty at 1818 Vaiiey Curve. , f�:�,�-� � . ��' ,�-�� .��:.� -� � �...�-t.�:.� ,��_ � � � �-i� ��� � �'� ��� United HealthCare Corporation 300 Opus Center • 9900 Bren Raad East Minnetonka, Minnesota 55343 • {6I2) 936-13QQ �'�/� ° r.�" �.�-,ti, .�--�_ �2'��,t�� i�j�rG2.� c�.�+.-t ��t-.� ` �'��r� G'i'1.�.e�. '/h.�- -f' �i�� . ��,^,� � / � �o��" C-� �'-��-� . /i�C .�� �-���`-�,- �. �.��.�_� � . � ; � - ��GE'�,.�, G:t,w...�. �� Z- -- o s/ a �_'� � l "� G .� i � . ' �--' : . ..�— �"�.rc. �' / / r �. . �� � �� 1 �� �,� �----,�,���----� , � d�� � CITY OF MENDOTA HEIGHTS MEMO November l, 1985 �/ T0: Mayor, City Council and City��s�o FROM: Larry Shaughnessy, Treasurer SUBJECT: IR Bond Revenue Consideration for Mendota Heights Associates INTRODUCTION: At the October 15 Council meeting a hearing was held on a proposed Housing ' Program and Housing Revenue Program calling for approval of a 592 unit, $40,000,000 � four stage program. The hearing was held and closed, however, no action was taken as the developer iindicated he needed approval of all phases to proceed. � r Councilmember Blesener raised the question as to whether the 20� of the units reserved for low and moderate income residents could be restricted to senior citizens. Our attorneys advise that statutes do not permit such reservation. PROPOSAL Mendota Heights Associates is preparing a new multi-family development plan of 300 units, which it feels will meet the objectives and policies adopted by Council in the Southeast Area Comprehensive Plan amendments. Architect Steve Young will be prepared to present that plan to Council.at Tuesday's meeting. Actual approval of the project rezoning and planned unit development/conditional use permit will not be formally before you Tuesday evening. However, Council will want to decide whether it would approve such a plan at a subsequent meeting, before deciding whether to give ,preliminary approval to any multi-family mortgage revenue bonds for the project. As before, final authorization to sell bonds before year's end should be made contingent upon Council adoption of a f inal development plan. � On preliminary review, the Bond Attorneys have indicated amend the Housing Program to a lesser project, and approve the bond issues necessary to finance the proposed program. ACTION REQUIRED that the Council may portion of the If Council agrees to proceed, by resolution amend the program to the project to be approved, and adopt enough $10,000,000 resolutions for bonds to finance the amended program. P.S. Please be sure to bring your housing packages from the October 15th meeting. �:* :: CITY OF MENDOTA HEIGHTS MEMO November 1, 1985 T0: Mayor and City Council FROM: Kevin D. Fr���C�1.ty Administrator ,/ SUBJECT: Tandem Preliminary Plat (Case No. 85-23) INTRODUCTION At the October 15th meeting, Council gave preliminary plat approval to the Tandem development. Since that time, Tandem has made a few changes, which are before you for your approval tonight. PRELIMINARY PLAT AMENDMENT Subsequent to the October 15th meeting, Councilmember Blesener raised a couple of questions about the cul=de-sac and the eyebrow in the northwestern part of the plat. Tandem has made a few changes in this area, as well as in other parts of the plat. Attached is a memo from them outlining those changes. They would like to get Council concurrence with those changes before they start to draft the final plat. � The Parks Commission is still scheduled to consider the park dedication issue at its November 12th meeting. A"working group" of Jim Malkowski and Thomas Mairs of the Dodge Nature Center, Barry Warner, of Barton-Aschman, Jim Danielson, and the developers, walked the site last week. Their recou�endation is that the pond should be protected by scenic easement, rather than public dedication, and that the strip through the middle would be desireable park property. Apparently the only •- question not resolved by the group was whether there should be a hard surface bike trail through the middle or if it should be left as open space. Again, the Parks Commission will be�considering their recommendation and� making a f inal recommendation to the Council at their November 12th meeting, which will come back to you on November 19th. DEVELOPERS AGREEMENT Also attached is a developers agreement between Tandem and the City, which was prepared by Jim Danielson. Council should review and approve this develope�s agree- ment, so that we can begin work on the feasibility study. DECLARATION OF RESTRICTIVE COVENANTS The Council has also asked that at some time.during consideration of this project, it be allowed to see the restrictive covenants. A copy of the covenants as prepared by Tandem is submitted for information. Please recall that restrictive covenants are a document outside the perview of the City, above and beyond normal zoning restrictions. The City does not get involved in approving or enforcing covenants, and I would strongly recommend - 2 - that we continue that precedent, so that we dan't get drawn in as a third parCy to any future disputes over ttte covenants. ACTION REQUIRED - Review the praposed amendments to the preliminary plat, and if they are satisfactary, pass a motion approving thase amendments to �he plat approved an October 15th. - Review and take ac�ion to approve the developers agreement, and accept the_petitaton far sanitary, starm --ewer, water and street impravements and waiver of hearing. >.. -y � KDF;madlr attachmen.ts 0 November 1, 1985 NOTICE OF SPECIAL MEETING MONDAY, NOVEMBER 4, 1985 3:30 P.M. CITY COUNCIL CHAMBERS NOTICE is hereby given that, pursuant to City Ordinance No. 102, Section 18, Mayor Robert Lockwood has called a special meeting for the City Council for the time and place specified above. The purpose of the special meeting shall be to be presented with a development proposal by Mendota Heights Associates for their property in the southeast area �''''� of the City. The Council will then move to the situs property for a walking tour. • This is to be an informational meeting only, and any action with respect to the proposed development will be at subsequent, regularly scheduled Council meetings. � AGENDA: 1. Roll Call. 2. Adopt Agenda. �.••. 3. Presentation by City Planner Dahlgren of proposed development. 4. Walking tour of development site. 5. Adjourn. �� � ���� thleen M. Swanson City Clerk c�op� Consulting Planners One Groveland Terrace (612 377-35 6 Minneapolis � • Minnesota 55403 Dahlgren, Shardlow, and Uban/Incorporated MEMORANDUM DATE: 4 November 1985 T0: Mendota Heights Council FROM: John Shardlow, AICP RE: Proposed Amendments to the Minnesota Pollution Control Agency's Rules Governing Airport Noise Larry Schaughnessy has brought to my attention the fact that the Minnesota Pollution Control Agency is proposing to adopt new rules to cover airport noise pollution. As at least many of you will recall, these amendments have been anticipated for some time. However, I have heard nothing about their progress for •the last several months and there are several aspects of the proposed rules which I do not think the City of Mendota Heights can comply with. Over the course of nearly three years, I attended meetings with MAC, the Metropolitan Council, PCA, MN/DOT, and all of the communities which surround the Minneapolis St. Paul International Airport, in an effort to arrive at a process for addressing airport noise compatibility planning issues. Although many difficult issues remained to be settled, this effort basically ended with the adoption by the Metropolitan Council of a revised Airport Chapter of the Metropolitan Development Guide. To make a lon� and frustrat�ing story short, from that point forward it has been understood that the next step is for each of the affected communities to amend their comprehensive plans to comply with the new Met Council Airport Chapter. Since day one, we have made it clear that we cannot and will not comply with these guidelines completely, but that we would make those changes which were reasonable to improve the situation. The Metropolitan Council s.taff has most recently been saying that they expect that the Mendota Heights Plan will include some reasonable attempt to camply with the guidelines and that they would accept that compromise. Much of the effort from the 0 PROPOSED AMENDMENTS, � NOVEMBER 19$5 Page 2 begi.nning of the joint agencies meetings was directed at coordinating the amendment of the PCA t�oise Regula�ions with the Met Council Airport Chapter. That never happened. The proposed ru2es which Larry sent me ar�e not the same as the Metropolitan Council Land Use Compatibility Planning Guidelines. That means that the City af Mendota Heights could amend its plan and gain the approval of the Met Couneil and be .in vialatian of State Law. That has frankly always struek me as somewhere between ridiculous and an outright insult to the pub].ic whieh these ageneies serve. The proposed rules attempt to transfer a portion of the legal responsibiiity for airpor� noise ort ta the munieipal�.ties. They also seem to con�ain more stringent standards �han I have ever seen before as well. Obviousiy, if we eould nat eamply with the former standards, we will be even farther fram meeting these. I think that it wauld be appropriate to cantaet a].1 of the affected cities and, if possible, join with them in opposing these rules as drafted. At the very least, the City should suhmit wri�ten eamments ta the Adrrtinistra�ive Law judge making the record very clear that there are still major problems wi.th this whole issue. The eity eould plaee itself in a very vulnerable legal position relative to a future homeowner law suit if this system were to proceed as praposed. cc: Kevin Frazell Larry Sehaughnessy �� Howard Dahlgren Page No. 2387 Noveinber 4, 1985 CITY OF MLNDUTA i�IEIGHTS DAKOTA COUNTY STATE OF MINNI;SO'CA Minutes ot the Special Meeting Held Mond<3y, November 4, 1985 Pursuant to due call and notice thereof, the special meeting of the City Council, � City of Mendota Heights, was held at 3:30 o'clock P.M., at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 3:38 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Hartmann and Witt. Councilmember Cummins had informed the Council Chat he would be unable to attend. AGENDA ADOPTION Councilmember Hartmann moved adoption of the agenda for the meeting. Councilmember [ditt seconded the motion. Ayes: 4 Nays: 0 MENDOTA HEIGHTS Planner Dahlgren briefly presented the latest plan developed ASSOCIATES PROPOSED by Steve Young, the architect retained by Mendota Heights DEVELOPr1ENT Associates. Mr. Dahlgren noted that the larger buildings of 75 units were on the southerly part of the development site, nearest the freeway, with smaller buildings in the north near Mendota Heights Road. WALKING TOUR OF SITE The Council then moved to the site of the proposed develop- ment, where the City Planner and architect had placed markers designating the approximate locations of the buildings in the proposed development. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 TIP1E OF ADJOURNMENT: 4:54 o'clock P.M. Kevin D. rrazell City Administrator ATTEST: Robert G. Lockwood Mayor , c 11/5/85 CLAIMS LIST aMOUNT 87.24 87.24 * � 318.20 394.00 712 . 20 *� 47$.95 478.96 � 81.50 81 .60 *✓ 25.00 25 . 0 0 *,� 3.47 345.00 348.47 � 30.00 30.00 � 50.00 50.00 */ 30.00 10.00 10.00 50.00 �� 10.00 10.00 � 11.00 11.00 � 140.19 140.19 *,� ` 2.10 6.51 5.28 8.05 21 . 94 * � 45�.00 �45.00 *� �95.00 2,941.00 , �436 . 00 * � 74.65 74.65 *� CHECK REGIS`� VENDOR AC.E�ANDER MFG CO AUTOCON INDUSTRIE$ AUTOCON INDUSTRIES CLAREY8 SAFETY EQ CAPITOL SUPPLY CO DAKOTA COUNTY CC DAVIES WATER EQ DAVIES WATER E� LEAONARD ENDRESEN INTL AS�N CH POLICE COUNTY RECORDER COtJNTY RECORDER COUNTY RECORDER TREAS ST /y%Y PETR DIV M A M A C WILLIAMS NATL FIRE PROTECTION PROEX PHOTO PROEX PHOTO PROEX PHOTO PROEX PHOTO RADIATOR SVC CO PROFE8SIONAL SVCS PROFEBSIONAL SVCS SPEED PRINT INC Dept 10-Admin Dept 50-Rd&Bridge � � 15-Engr 60-Utilities E 20-Police 70-Parks 30-Fire 80-Planning ITEM DE&CRIP��O�� AC����QCon��l BATTERY 01-4330-440-20 1i1 RPR8 RECORDER RPRS RECORDER BUNKER PANT$/COAT8 6ASKET3 ANNL DUES FLANGES MIRAFI LETTER CITY CAR DUES86 FILING FEES FILING FEES FILIMG FEES LICENSERENEWAL LUNCHEON MT6 TRNG SPLYS FILM DEV FILM DEV FILM DEV FILM DEV HEATER CORE MAC DRIVE IBM VT FORM$ 15-4330-490-60 1'� 15-4330-�90-b0 t:' 12-4530-000-00 1ti 15-4305-Ob0-b0 Q"f. 01-4404-110-10 15-4330-490-60 tc 15-4330-490-b0 1"c 01-4490-110-10 01-�404-Q20-20 10-4475-000-00 �7-4475-812-00 97-4475-�25-00 01-4320-O50-SO 01-4400-110-10 01-4403-030-30 fi9 01-4305-030-30 24 01-4305-030-30 24 Ot-4305-030-30 25 01-4305-030-30 25 15-4330-490-60 98 12-4b00-000-00 80 12-4b00-000-00 47 01-4305-020-20 41 +MOUlVT 4.30 3.01 1.2fi 8.57 *� 519.35 519.35 *i 313.21 313.2i #i 1$.2$ 21.80 40 . 0� �� 3 . 77 �. 6.01 4.50 6.02 6.02 26.32 */ CHECK REGISTER VENDOR ITEM DESCRIPTION AT�T COMM LD CALLS AT3T COMM LD CALLS AT�T COMM LD CALLS CRAIJFORD DOOR SALES DOOR RPRS LE ROY NOACK FIRECH CONV ALBINSON MISC SPLYS ALBINSON MYLR AT � T INFO SYSTEMS OCT SVC AT � T INFO SYSTEMS OCT SVC AT d� T INFO SYSTEMS 3RD QTR AT � T INFO SYSTEMS OCT SVC AT � T INFO SYSTEMS OCT SVC 3.37 B�J AUTO SPLY BELT 3.37 */ 3.75 BD WATER COMNIISSION SEPT SVC 3.75 BD WATER COMMISSION SEPT SVC 117.22 BD WATER COMMISSION SEPT SVC 3.76 � BD 41ATER COMMIS8ION SEPT SVC 128.�$ * 43.05 43.05 * , 25.11 25 . 1 1 *i BROWN PHOTO CARTER BOB FORD INC FILM PARTS 724.25 CASE POWER�EQUIP RADIATOR�PARTS 724 . � fi * / � • ACCOUNT N0. INV�. 01-4210-420-_ 01-4C10-030-30 01-�210-110-10 01-�335-315-30 1� 01-4400-030-30 OS-4300-105-15 2� 95-4282-822-00 2•� Ot-4210-Oc�0-20 01-4210-OSO-50 01-4210-070-70 01-4210-070-70 15-42i0-060-50 � 15-4305-060-b0 0'. 01-4425-310-50 01-4425-310-TO 01-4425-315-30 15-4425-310-50 01-4305-030-30 2� 01-4330-460-30 2! 15-4330-490-6 �i �MOUNT � 15.07 4.99 ib.49 5.94 �2.49 *� CHECK REGISTER VENDOR ITEM DESCRIPTION CITY MOTOR SUPP�Y PARTS CITY MOTOR SUPPI.Y ANCO CITY MOTOR SUPPLY GATES CITY MOTOR SUPP�Y A C _•• 3.03 COAST TO COAST 2.55 COAST TO COAST 7.99 COAST TO COAST 3.11 COAST TO COAST .85 COA�T TO COA&T 17.53 *� 244.00 244.00 *� 1,242.00 1,242.00 *i 1,601.00 905.00 1,6b4.00 4, 170. 00 �s/ 120.00 120.00 */ 17.02 175.00 192.02 �- 214.04 214 . 04 *, CONWAY FIRE � SAFETY DAHL6RENSHARDLOWUBAN DCR CORP. DCR CORP. DCR CORP. DENNIS DELMONT FRAZELL KEVIN FRAZELL KEVIM '600DYEAR SERVICE STR ADAPTER CLNG SP�YS THINNER MARKERS KEY SPANNER BELT/LOOP SEPT SVC NOV RENT NOV RENT NOV R ENT NOV ALLOW TEAM BLD6 NOV ALLOtJ TIRES/BAL 132.31 ICMA RC 10/25 PAAYROLL b6.19 ICMA RC 10/25 PAYROLL 19$.SO *� 250.00 IDS LIFE IN8 CO NOV PYMT ACCOUNT N0. INV. 01-4305-050-50 1� 01-4305—O70—TO 1F 01-4330-440-20 1� 15-4305-060-60 1� Ot-4305-020—PO 4c 01-4305-030-30 41 Ot-4305-030-30 41 01-4305-030-30 41 01-4305-030-30 42 Ot-4305-030-30 T6 01-4221-135-80 01—�F200—b04-1 0 01-4200-600-20 OS-4200—fi00-15 01-4415-021-20 01-4�02-110-10 01-4415-110-10 01-4330-440-20 40 01-2072-000-00 01-4134-110-10 01-2072-000-00 13� �'OUNT 250.00 * � i,031.25 , i,031.25 *i 12.18 12.1$ 12.18 36 . 54 *� $.41 10.00 . 10.25 7b.fi7 1 05.33 *� 153.00 i53.00 *� 32.32 300.00 54.35 39b . 67 */ 9.00 9.00 9.00 27.00 */ 974.15 17.59 94.90 17. fi0 562.45 6$.55 17.55 T,757.79 *� CHECK REGISTER VENDOR ITEM DESCRIPTION KAI8ER PAUL KAT KEYS KAT KEYS KAT KEYS KNUTH TOM KNUTH TOM 4CNUTH TOM KNUTH TOM LELS LMCIT HP PLAN LMCIT HP PLAM LMCIT HP PLAN LEEF BROS INC LEEF BROS INC LEEF BR03 INC LOGIS LOGIS LOGIS LOGIS LOGIS LOGIS LOGIS OCTOBER TIME �3 MASTER �#k3MASTER 1�3MASTER MI THRU 10/29 NOVALLOW MI THRU 10l20 MI THRU 10/20 NOV DUES NOV PREM MOV PREM NOV PREM OCT SVC OCT SVC OCT SVC SEPT SVC 3EPT SVC $EPT SVC SEPT SVC $EPT SVC SEPT SVC SEPT SVC ACCOUNT N0. INV. 01-4268-150-30 01-4305-050-50 81' 01-4305-070-70 81' 15-4305—Ob0-60 81' 05-4415-105-15 OS—�415-105-15 . • -,- 51-4�15-925-00 98-4�15-82b-00 01-2075-000-0� 01-2074-000-00 041 01-4131-020-20 041 01-4131-021-20 041 01-4335-310-50 569 01-4335-310-70 5$0 ]5-4335-310-60 580 01-4214-110-10 098 03-4214-000-00 098 OS-4214-105-15 098 10-4214-000-00 098 15-4214-060—b0 098 1b-4214-000-00 AQ8 21-4214-000-00 � AMOUNT 48.00 24.00 12.00 12.04 . 96.00 *, 7.80 i2.45 6.80 97.10 31.90 25.69 2.55 5.45 4.85 194.59 */ 494.25 836.50 436.00 155.00 467.25 •192.05 58z.50 580.25 155.00 �, 09$ . $0 *..� 833.33- 3,366.00 22,227.65 2,483.33- 22,b75.99 *� 96.11 112.80 112.80 321 . i 1 �/ 63.13 61.30 b3.t3 63.13 b3.13 CHECK REGISTER VENDOR M A ASSOCIATEB M A ASSOCIATES M A ASSOCIATES M A ASSOCIATES M�W ME�W M�W M3W M�W M3�W M�W M�W M�W IMC INC INC INC INC INC IMC INC IMC CANONPROD CANONPROD CANONPROD CANONPROD CANONPROD CANOMPROB CANONPROD CANONPROD CANONPROD MEDCENTERS MEDCENTER$ MEDCENTERS MEDCENTERS MEDCENTERS MEDCENTERS MEDCENTERS MEDCENTERS MEDCENTERS HP HP HP HP HP HP HP HP HP METRO 1JASTE CONTROL METRO WASTE CONTROL METRO WASTE CQNTROL METRQ WASTE CONTROL MIDWEST WIRE-STEEL MIDWEST WIRE-3TEEL MIDWEST WIRE-STEEL MI�LER PRINTIN6 MILLER PRINTIN6 MILLER PRINTING MILLER PRINTIN6 MILLER PRINTIN6 ITEM DESCRIPTION WINDSHIELD SOLVENT SINDSHIELD SOLVENT WIND8HIELD SOLVENT WINDSHIE��D SOLVENT OCT MTCN OCT MTCN OCT MTCN OCT MTCN OCT MTCN OCT MTCN OCT MTCN OCTMTCN OCTMTCN NOVPREM NOV PREM NOV PREM NOV PREM NOV PREM NOV PREM NOV PREM NOVPREM NOVPREM SEPT SEPT SEPT SEPT SEPT SEPT SEPT SEPT SEPT NOVINSTALL OCT SAC CHGS NOVINSTALL NOVINSTALL P03TS T POSTS T P08TS RECEIPT BOOKS BLD6 PERMIT& RECEIPT BOOKS RECEIPT BOOKS RECEIPT BOOK& ACCOUNT N0. INV 01-4305-020-�0 01-4305-050-50 01-4305-070-70 15-�305-Ob0-b0 COPIES 01-4300-030-30 COPIES 01-4300-040-40 COPIES 01-4300-080-80 COPIES 01-4300-110-10 COPIES 01-4305-020-20 �COPIES 05-4300-105-15 COPIES 10-4300-000-00 COPIES 15-4300-060-b0 COPIES 23-4300-000-00 01-2074-000-00 01-�131-020-20 01-4131-021-20 01-4131-040-�0 01-4131-050-50 Qt-4131-070-70 01-�131-110-10 OS-4131-105-i5 15-4131-060-fi0 14-3575-000-00 15-4448-060-60 15-�449-060-60 17-3575-000-00 01-4305-070-70 01-44�0-050-50 01-4420-050-50 01-4300-040-40 01-4300-040-40 01-4300-110-10 01-4305-020-20 05-4300-105-15 At10•1ltuT 63.13 376 . 95 * � 24.95. 24.95 10.00 230.00 8.00 98.00 5.00 8.00 15.00 19�.50 94 . 0 0' 715.40' *� 150.00 150.00 *i 192.04 100.04 292.00 *� 213.45 168.88 72.02 112.36 285.65 76.b7 354.69 �� . 283 . 72 *i : 130.00 90.00 �LZ� . 0� *r 1,240.04 1,240.00 *� 5.00 b.00 *,/ CHECK REGISTER VENDOR MILLER PRINTIN6 MINN BENEFIT MINN BENEFIT MINN HENEFIT MINN BENEFIT MINN BENEFIT MIIVN BENEFIT MINN �ENEFIT MINN BENEFIT MINN BENEFIT MIfVN BENEFIT MINN BENEFIT AS�N A&SN ASSN ASSN A&SN ASSN A&SN ASSN ASSN ASSN ASSN MN DEPT PUBLICSAFETY 0 MINN FIRE INC MINN FIRE INC NORTHWESTERN BELL NORTHWESTERN BELL NORTHWESTERN BELL NORTH4)ESTERN BELL NORTHWESTERN BELL NORTHWEBTERN BELL NQRTHWE&TERN BELL OAK CREST KENNELS OAK CREST KENMELS ORFEI � SOMS INC OXY6EN $ERVICE CO ITEM DESCRIPTION RECEIPT BOOKS OCT PREM NOV PREM� NOV PREM NOV PREM OCT PREM NOV PREM NOV PREM NOV PREM NOV PREM NOV PREM NOV PREM 3RDQTR CONN CHG RECHAR6E/PARTS DRY CHEM OCT SVC OCTSVC OCT SVC OCT SVC OCT SVC OCT �VC OCT SVC OCT SVC OCT SVC FINAL 85-1 OXY 2�2.06' PINE BEND PAVIN6 INC FIME MIX ACCOUNT N0. IN�. 15-4300-06Q �5 01-2474-000-00 �� 01-2074-000-00 01-2074-000-00 01-4131-020-20 01-4131-021-20 01-4131-021-20 01-4131-021-20 01-4131-070—TO Oi-4131-070-70 01-4131-110-10 OS-4131-105-15 01-4200-600-20 01-4305-030-30 01-4305-030-30 01-4210-020—�u 01-4210-030-30 01-4210-050-50 01-4210-070—TO 01-42i0-110-10 OS-4210-105-15 15-4210—Ob0-60 01-4221-800-90 01-4225-800-90 97-4460-8Z5-00 01-4305-030-30 9, 01-4422-050—SO 4 AMOUNT 22�.05 *•� 134.53 70.00 20�.53 *� 20.29 20.8� 3.55 3.55— 47.72 5$.93 147.82 *i fi2.00 62.00 b2.00 52.00 G2.00 62.00 372.00 � 40.00 40 . 00 */ 1,054.55 71.00 91.25 755.45 . � 187.60 225.60 149.55 2,535.00 � 42.bb 32.50 29.25— 45.91 * � CHECK RE6ISTER VENDOR PRUDENTIAL PRUDENTIAL S�T OFFICE PROD S�T OFFICE PROD S�T OFFICE PROD S�T OFFICE PROD S�T OFFICE PROD S�T OFFICE PROD SATELLITE INDUST INC SATELLITE INDUST INC SATELLITE INDUST INC SATELLITE INDU3T INC SATELLITE INDUST INC SATELLITE INDUST INC SELANDER DUANE C SHAUGHNESSY L E JR SHAU6HNESSY L E JR SHSU6HNESSY L E 3R SHAUGHNESSY L E JR SHAi16HNES3Y L E JR SHAU6HNESSY L E JR SHAU6HNESSY L E JR SHA�J LUMBER CO SHAu LUMBER CO SHA41 LUMBER CO ITEM DESCRIPTION NOV PREM• NOV PREM MISC SPLY3 MISC SPLYS HILITER HILITER RETD CAT ENVS CAT ENVS RENT THRU 10�10 MAR RENT THRU 10/10 FH RENT THRU 10/10 ROG RENT THRU 10/10 IVY RENTTHRU 10/10 WENT RENT THRU 10/10 VP NOV ALLOW OCT SVC OCT SVC OCT SVC OCT SVC OCT SVC OCT SVC OCT SVC LUMBER LUMHER LUMBER RETD 6.03 SNYDER DRU6 STORES PAPER TOWELS 5.94 SNYDER DRUG STORE8 PLASTIC PROTECTORS ACCOUNT N0. INV, 01-20�4-000-00 01—�131-020-20 01-4300-020-20 01-4300-020-20 01-4300-110-10 01-4300-110-10 01-4300-110-10 OS-4300-105-15 01—�200—b10-70 01-4200-610-70 01-4200-610-70 01-4200-610-70 01-4200-610-70 01-4200-610-70 01-4�15-200-70 01-4220-132-10 03-4220-132-04 45-4220-132-15 14-4220-132-00 ; _. 15-4220-132-60 16-4220-13E-00 21-4�20-13�-00 01-4330-490-50 01-4330-490-50 01-4330-490-50 01-4305-030-30 01-4305-070-70 AMOUNT 11 .97 */ 12.90 27.51 27.51 G7.92 *� 50.40 75.b0 12b.00 */ 25.10 25.10 11.39 25.10 25.10 13.38 77.13 15.68 20.92 6.64 245.54 *,i 37.90 37.90 * � b8 . 26, 34.14 35.1b 23.T2 ib1.30 *•� 86.40 $b . 00 *,� 131.20 131 .20 *� CHECK REGISTER VENDOR ST PAUL BOOKdSTAT ST PAUL BOOKSSTAT ST PAUL BOOKdSTAT ST PAUL PP�DISPATCH S7 PAUI PP�DISPATCH SUN NEWSPAPERS SUN NEWSPAPERS SUN NEWSPAPERS SUN NEWSPAPERS SUN NEWSPAPER& SUN NEWSPAPERS SUN NEWSPAPERS SUN NEWSPAPERS SUN NEWSPAPERS SUN NEWSPAPERS UNIFORMS UNLIMITED UIV I TED CENT TRUSTEE UNITED CENT TRUSTEE UNITED CENT TRUSTEE UNITED CENT TRUSTEE UNITED WAY-3T PAUL WE3TERN LIFE INS CO ITEM DESCRIPTION SROTHERS� RBN 7APE DISP/FOLDERS BINDERS MTCN AD AD FOR BIDS HRC NOT MHAPT 3 HR6 NOT MHAPT2 HR6 NOT APPL DELIHUB HR6 NOT MH APT 4 HR6 NOT MH PROJ 1 ORD 215 8UD6ET STMT ORD216 ORD 214 AD FOR BIDS TRK/PLOW GOOSE NEGK LAMPS NOV PREM NV PREM NOV PREM IVOV PREM PYMT11 OF 12 NOV NOV PREM 47�.00� WINTHROP4IEINSTINE�S RE KURTZ 3 ACCOUNT N0. IN1�. 01-4300-020-20 : 01-4300-030-30 : 01-4300-030-30 : 01-4490-07Q-7.0 t 01-4490-O70-TO S 01-4240-080-80 01-4240-080-80 01-4E40-080-80 01-4240-080-80 01-4240-OSO-80 01-4240-110-10 01-4240-110-10 01-4240-114-10 01-4240-110--' 01-4490-070• Ot-4330-440-20 01-2071-000-00 L Ot-4132-020-20 L 41-4132-050-50 L 01-4132-070-70 L 01-2070-000-04 01-4132-030-30 3� 01-4220-120-80 MOUNT 500.00 �10.23 97.$0 5,283.03 *i 23,42b.16 $$.59 2,885.51 147.95 3,914.96 77.88— 28,$$5.77 294.15 2,083.33— 1b7.10 4.85 10.25 i0.00 21.80 1,250.00 7b.6? CHECK REGISTER VEMDOR WINTHROPWEINSTINEd�S WINTHROPWEINSTINE�S WINTHROPWEINSTINE�S FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND FUND 59,022.55 TOTAL MANUAL CHECKS 10887 10.00 10888 44.00 10889 3,994.30 10890 4,700.07 10891 2,610.10 10892 200.00 10893 1,501.26 10894 22,180.31 10895 165.00 10896 39.00 1089Z 5.74 10898 � 793.76 10899 15.00 1Q900 10.00 10901 189.04 10902 40.00 10903 154.00 10904 500.00 10905 4,445.05 10906 Void 1A907 2,605.82 10908 60.00 10909 200.00 10910 1,501.26 10911 22,456.72 10912 10.00 10913 20.00 10914 4,781.52 73,231.95 GT 132,254.50 01 03 45 10 12 14 15 16 17 21 23 51 87 95 97 98 TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TO,TAL TOTAL TOTAL TOTAL TOTAL MBA Ramsey Cty Court Comm Revenue Dir Int Rev St Treas SS DC Bank SCCU City MH PR Acct Empl Edu Svc Ramsey Cty Court St MN Document NSP No Star ICBO DNR City MH PC Acct St Auditor Mn St Document U. S. P�st Ofc St. Treas PERA St. Tress SS DC Bank �� SCCU City M.H. Pr Larrie Mack MN PoI & Peace Ofc DC Bank ITEM DESCRIPTION 3RD OTR 3RD QTR RE MARIE LOT GENERAI. FUND tJATER REVENUE FUND EN6R ENTERPRISE SPECIAL PARK FUND EQUIPMENT CERTIFICATES CONSOLIDATED DEBT 8ERVIC SE4)ER UTILITY TID I79-7/81-4/8P-2/82-6 UTIL RE&ERVE INDUSTRIAL DEVELOPMENT CASLE TV FRANCHI$E I79-3 MIRIAM—HIAW DRAINA I83-4/83-48 CRYC/DAK CTY I84-460ULD YORKTON I$S-1 ANDER/CURLEY I84-6MH RD LEX 55 MSA Cor�ected Premium Warrant SIT 9/27&10/11 FIT 10/11 10/11 FICA 10/11 Payroll �� �� Regr. K. Frazell Warrant Documents Fire Marshall 10/28 Due Date 11/1 Mtg P. Berg Road Kill Permit Replen�sh Petty Cash Regr Fraze�.l, Shau�hnessy 1984 Statutes '85 Laws Ref ill meter 10/11 Payroll 10/25 FI�A 10/11 & 10/25 Payroll 10/25 Payroll �� �� Refund ins deduction Assn '85 &'86 Dues 10/25 FIT ACCOUNT N0. IMV. 01-4221-120-10 01-4222-120-20 10-4220-120-00 � m � City of Mendota Heights Dakota County, Minnesota RESOLUTION N0. 85- RESOLUTION DEFERRING PAYMENT OF ASSESSMENTS (IMPROVEMENT N0. 83, PROJECT N0. 7B) WHEREAS, the City Clerk, with the assistance of the City Engineer, has calculated the proper amount to be specially assessed for Improvement No. 83, Project No. 7B, construction of watermain improvements; and WHEREAS, the hearing on said assessments was duly held at 8:00 o'clock P.M. on September 17, 1985, at the City Hall of the City of Mendota Heights, Minnesota; and WHEREAS, the proposed assessment roll for said improvements was duly adopted by the City Council on September 17, 1985; and '-• WHEREAS, the City Council has determined that it would be in the best interest of ��::s -- the City of Mendota Heights to defer the payment of the assessments with respect to the above referenced improvements in the following amounts and as to the following parcels situated in Dakota County, Minnesota, to-wit: :�:. Tax Parcel 27-03500-010-77 Owners Visitation Monastery 2455 Visitation Drive Mendota Heights, MN 55120 Deferred $ 6,030.00 WHEREAS, that each of the above assessments indicated above as being deferred would be deferred with the understanding that said amount, plus interest accrued from September 17, 1985 at the rate of ten percent (10%) per annum, would become immediately payable upon the future development of the parcel to which said deferred assessment relates. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, as follows: 1. That the assessment roll for Improvement No. 83, Project No. 7B, be corrected as set forth above. 2. That upon the future development of any of the above described parcels necessitating the issuance of a building permit from the City of Mendota Heights, the deferred amount of said assessment against to the property to be developed, as more particularly set forth above, will be immediately due and payable, together with interest at the rate of ten percent (10%) per annum from September 17, 1985. 3. That the City Attorney is hereby directed to file a certified copy of this resolution in the office of the County Auditor and County Recorder of Dakota County, Minnesota so that any future purchaser or party interest relative to any of the above described parcels will be on notice relative to the deferred assessments described above. Adopted by the City Council of the City of Mendota Heights this 5th day of November, 1985. ATTFST: Kathleen M. Swanson, City Clerk »f: � CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor ' CITY OF MENDOTA HEIGHTS MEMO November 5, 1985 T0: Mayor, City Council and City Administrator FROM: Larry Shaughnessy, Treasurer SUBJECT: MPC Regulations Attached is a letter from John Shardlow relative to the new MPC noise regulations. He seems to express many of the same frustrations that we have had for some time between the proposed MPCA and Metropolitan Council noise regulations. Based on what I have read, and understand, the City should either require prior to rule hearings or respond negatively to the following. 1. Require prior to hearing the detailed noise contour maps showing both LEQ and LDN measurements as specified in the proposed regulations. 2. Oppose any attempt to imply as in 7010:003 any City liability to non- conforming land uses, especially if inconsistent with Met Council guidelines. 3. Def ine better proposed City liability and applicable penalties that apply. 4. Make all references to consistent land uses agree with Met Council Airport chapter. S. Base LEQ and LDN equivalents at least consistent with existing L/0 measurements (Apx 67/68 db for Area 1). MASAC legislative committee will be meeting this week to take a position on these regulations, and I have previously expressed the City liability and level of measurement objectives to this group. I personally can't see how we can intelligently respond to affected land without detail of the contour map. However, with the material we have from the Met Council work, we can only assume them to be more restrictive. ACTION REQUIRED To consider the above suggested comments, plus any others Council may have, and direct staff to submit them at the November 19th public hearing. Council may also want to determine who should submit these comments, or if they should be in writing. LES:madlr attachment CITY OF MENDOTA HEIGHTS MEMO November S, 1985 T0: Mayor and City Council FROM: Kevin D. e� � City ministrator SUBJECT: Add-on Agenda for November 5th, 1985 There are no additions to this evening's agenda. However, additional information is submitted for item no. 8h., and it�5recommended that Council "�� adopt an order of agenda different from the one presented with the packet of information. Item 2a. Adoption of Agenda Because of election duties in the City of Eagan, Councilmember Witt can be present for only approximately one hour of this evening's meeting. Because of the importance and public interest of items 8a, and 8b, I am recommending that the Council adopt the agenda with those as the first two items to be considered, prior even to item 3� Approval of Minutes. ... Item 8h. MPCA Noise Regulations Attached is a memo from Larry Shaughnessy, and an attachment from John Shardlow, suggesting possible comments that the City might want to make at the public hearing on the proposed noise guidelines. KDF:madlr - attachment LIS7 OF 1985 CONTRACTORS TO 8E APPROVED BY GITY COUNCIL ON NOVEMBER 5, 19$5 Gas Piping License: Parsons Hardware General Contractor's License: Developers Construction Oreskovich Builders, Inc. B.B.K. Construction, Inc. Dennis Greger Construcizon Nilles Builders Protective Nome Covering Woods Canstruction D.S. Trudeau Construction Company Olsen Fire Pratection, Inc. Heatinq and Air Canditioning License: Parsons Hardware Fred Vogt.and Company PiasteringJStucco License: Charies Denn Drywali and Stucco .,3 . '' i I I t H N ���1 � ' � � �j I ' I ___ f�069V�C � I /�/jj� � �_�� �-_ \) (/" ' . 1 '-'_ I H�sw � Falco� Hei¢rta .----------i--- �--- �, -L--� --� , � , � . �. ., I �y� I ' �_" 1"� 1 �'_ ' St. Paui , , . � ,.o �. „ -- �-�. � � CBD g� Pw , , : � �inneapolis . , ,........ ,� � CBD '�°� g , ,-a. l�� M = W��m 1w�. _ � � 1 � ' � � �I` � . I �� 1 '� �� ` i ' t � � � � � � + `f �. � --- � ' �n � ' - � � � � � �! L _� ' ' •� 1 \ � 62 � � _ � � p nt ,.�,�., Wes� S�. 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' ��'=� � \. . `� � �� ��. .�� � : iT , ==�� ��_ ' (PPiWTE) �1 i �� � ; �, Mendota Heights =i=�� - .� . . % Y - _ i: �� ,4 , � � i. , � ; , ;� , : �. : i ►.;' � � > -e.._� o. � '' _• ;` �''_ _ - 'y ___ _ _E�. � , -' `�_, Southeast Area �j � ' . � ' � • '' /o-' ` . � 1 � i � . � � � I e�� � �l ■ OviK� ,\ � �. _ �. . : ;�. �� , � E_ : _=� :._ . .:---- ---i :;. : , � „� �- ,-�(--�� . II -{• -.: .,, !,;' r�= a � � \ ., � , ,, - - -_ _..��_' •,•�; � I •� � Figure 2 � ; � \.� `.. �`` � 1 �- -- ; ;-' -� -= �1 II ' �- - � � � I, Southeast Area � ;�Jp �c . 'r__:- �' -= =- .r t .i,� �, \ .Y � . � -�� �� �I4 - l; �� =�`� ��: �'- � � �� Boundar N�.,� : �,� . _� �L.�aR���„o� \ ��. �,,_ �- ��_� � 4 �_____ � . � - f y � � --. - ` ` ;" . ' . -, � �' , � _ _ ..,.- ' �'i-: ' � � ' o ��oo J , iU• �� �-=--- _ _ ' ...'�,+ . 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' 'I � �� � � i��� d �! / • ' . • ' ' .�� �?,�✓ . . : . . � zj, : ,_ . . . -. • ' �� • � ,' a 596-0 EXTRACT OF MINUTES OF A MEETING O�' THE CITY COUNCIL OF THE CITY OF MENDUTA HEI(3HTS, MINNESOTA HELD: NOVEMBER 5, 1985 Pursuant to due call and notice thereof, a reyular me�tin� of the City Council of the City of Mendota Heights, Dakota County, Minnesota, was duly called and held at the City Hall in said City on the 5th day of November, 1985, at 7:30 P.M. for the purpose of authorizing the issuance of and awarding the sale of $260,000 General Obligation Equipment Certificates of 1985 of the City. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESO'LUTION PROVIDING FOR THE ISSUANCE AND SALE OF $ 260 , 000 GENERAL OBLIGATIOLJ EQUIPMEL�TT CERTIFICATES OF 1985 WHEREAS: A. The City Council has heretofore determined that it is necessary and expedient to issue $260,OU0 General Obligation Equipment Certificates of 1985, pursuant to Minnesota Statutes, Section 412.301, to finance the acquisition of police, fire and street construction equipment for the City (hereinafter collectively referred to as the "Equipment"); B. The amount of the certificates to be issued ($260,000) does not exceed one percent (1.00�) of the assessed valuation of the City; , a C. Na other obligations have been issued to defray the expense of the purchase of the Equipment; and D. No other obligata.ons have been sald pursuant to a private sale within the last three (3) calendar months of the date hereof which when cambined with this issue waula exceed the $300,000 limitation on negatiated sales as required by Mi.nnesota S�.atutes, Section 475 .6Q, Subdi.vi.si.on 2( 2). � NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Mendota Heights, Minnesata, as follaws: 1. The offer af { the "Purchaser") to purchase $260,000 General Obligatian Equipment Certificates of 1985 of the City {hereinafter referred ta as the "Certificates" or individually as "Certificate"), in accordance with the terms and at the rates of interest .d. ,�,�_ hereina£ter set forth, and to pay therefor the sum of ... $ plus interest accrued to settlement is hereby accepted. 2. The Certificates shall be dated December l, 1985, as the date of original issue and shall be issued �ortlzwith as fully registered bonds. The Certificates shall be numbered from R-1 upward in the denamination of $5,q00 each or a.n any integra2 multiple thereof. The Certificates shall mature, witlzout opta.on of prepayment, an December 1 in the years and amounts as .�ollows: 1986 $ 30,000 1987 $ 40,000 19$8 $ 90,000 1989-1.990 $ 50, 000 3. The Certificates shall provide funds for the acquisition of the Equipment far the City. The totai cost of the Eguipment, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated ta be at least equal to the amount of the Certificates herein authorized. -� 4. The Certificates sha].l bear interest payable semi- annually an June 1 and December 1 of each year canunencing June 1, 1986 at the respective rates per annum set forth opposite the maturi�.y years as follows; . Maturity Years Interest Rates 5. , in , Minnesota is appointed to act as certificate registrar and transfer agent (the "Certificate Registrar") and shall do so unless and until a successor Certificat� Registrar is duly appointed, all pursuant to any contract the City and Certa.ficate Registrar sha13 exeeute which is consistent herewith. The Certificate Registrar shall alsa serve as paying agent unless and until a suecessor paying agent is duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or recard holder� af the Certificates in the manner set for�h in the form o� Certificate and paragraph 1.1 of this resolu�.ion. , 6. The Certi£icates to be issued hereunder, together with the Certificate Registrar'� Certi�icate af Authentication, the form of Assignment and the registration in�ormation thereon shall. be in substantially the following farm: K3 ��•- 7. The Certificates shall be executed on behalf of the City by the signatures of its Mayor and City Clerx and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the�same as if he or she had remained in office until delivery. =Y.>. 8. No Certificate shall be valid or obligatory for :��`� any purpose or be entitled to any security or benefit under this resolution unless and until a Certificate of Authentication on such Certificate, substantially in the�form hereinabove set forth, shall have been duly executed by an authorized representative of the Certificate Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Certificate Registrar shall authenticate the signatures of officers of the City on each Certificate by execution of the Certificate of Authentication on the Certificate and by inserting as the date ;�, of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Certificate Registrar shall insert as a date of registration . the date of original issue, which date is December 1, 1985. The executed Certificate of Authentication on each Certificate -_ shall be conclusive evidence that it has been authenticated and delivered under this resolution. 9. The City will cause to be kept at the principal office of the Certificate Registrar a certificate register in which, subject to such reasonable regulations as the Certificate Registrar may prescribe, the Certificate Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. 10 4'!� ':i Upon surrender for transfer of any Certificate at the principal office of the Certificate Registrar, the City shall execute �(if necessary), and the Certificate Registrar shall authenticate, insert the date of registration (as provided in paragraph 8) and deliver, in the name of the designated transferee or transferees, one or more new Certificates of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the holder, Certificates may be exchanged for Certificates of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Certificates to be exchanged at the principal office of the Certificate Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Certificate Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the holder making the exchange is, entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Certificate Registrar and thereafter disposed of as directed by the City. All Certificates delivered i �=� transfer of Certificates shall be valid the City evidencing the same debt, and benefits under this resolution, as the for such exchange or transfer. n exchange for or upon general obligations of entitled to the same Certificates surrendered .� Every Certificate presented or surrendered for �w� tra°nsfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Certificate Registrar, duly executed by the holder thereof or his attorney duly authorized in writing. The Certificate Registrar may require payment of'a� sum sufficient to cover any tax or other yovernmental charye payable in connection with the transfer or exchange of any Certificate. 11 Transfers shall also be subject to reasonable regula- tions of the City contained in any agreement with the Certificate Registrar, including regulations which permit the Certificate Registrar to close its transfer books between record dates and payment dates. 10. Each Certificate delivered u�on transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 11. Interest on any Certificate shall be paid on each interest payment date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder") on the . registration books of the City maintained by the Certificate - Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next ;�, preceding such interest payment date (the "Regular Record . Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the . "Special Record Date") fixed by the Certificate Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Certificate Registrar to the Holders not less than 10 days prior to the Special Record Date. ,,,s. 12. The City and the Certificate Registrar may treat the person in whose name any Certificate is registered as the . owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 11 above) on, such ;�;:; Certificate and for all other purposes whatsoever whether or . not such Certificate shall be overdue, and neither the City nor � the Certificate Registrar shall be affected by notice to the contrary. 13. The Certificates when so prepared and executed shall be delivered by the City Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 12 14. There is hereby created a special fund ta be designated '"General Obligation Equipment Certificates of i985 Fund"' (the "Fund'") �o be held and administered by tihe City Treasurer separate and apart f�om a11 ather funds a� the Gity. The Fund shall be maintained in the manner herein specified until aIl of the Certificates herein autharized and the interes�. thereon have been ful].y paid. There shall be maintained in the Fund two separate accounts ta be designatea the "Capital Accoun�" and t�he "Debt Service Account", respectively. The proceeds af the sale of the Certificates herein authorized, less any accrued interest received therean, and less capitalized interest in the amount of � (together with interest earnings thereon and subject to such other adjustments a� are appropriate to pravide su�ficient funds ta pay interest due on the Certi�icates on ar be£are Decmeber 1, 1986), �hall be credited to the Capital Account, from which there shall be paid all casts and expenses of,,,�=,,<< acquiring the Equipment, including the cost of any purchase contracts heretafore entered into and all other costs incurred and to be incurred of the kind authorized in Ma.nnesota Statutes, Sectian 475.65; and the moneys in said account shall be used far na other purpase except as otherwise pravided by law; provided that the Certificate proceeds may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of connmencement of t.he collectian of taxes herein levied. There is hereby pledged and there shall be credited ta the Debt Service Account (a) all accruec� interest and received upon delivery of the Certificates; (b) capitalized interest in the amaunt af $ {tagether with interest earnings thereon and subject to such ather adjustments as are appropriate to pravide sufficient funds ta pay interest due on the Certa.ficates on or before December l, 1986); (c) any collections of all �axes herein levied far the payment af the Certificates and�interest thereon; (d) all funds remaining-in the Cap%tal Account after acquisition of the Equi�ment and� payment of the costs thereot; and (e} a1.1 investment earnings an �unds held in the Debt Service Account. The Debt Service Accaunt herein created sha11 be used soieiy to pay,the principal and interest and any premiums for redemption of the Certificates issued hereunder and any other general obligation cer�ificates of the City herea£ter issued by the City and made payable from said account as provided by law. Any sums fram• time to time held in the Debt Service Account in excess of amounts which under the applicable federal arbitrage regulata.ons may be invested without reyard as to ya.eid shall not be invested at a yield in excess of the applicable yield 13 • t ., restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" made available under the federal arbitrage regulations. In addition, money in the Account shall not be invested in obligations or deposits issued by,,guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Certificates to be "federally guaranteed" within the meaning of Section 103(h) of the Internal Revenue Code of 1954, as amended. 15. To provide moneys for payment of the principal and interest on the Certificates there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and . collected with and as part of other general property taxes in the City for the years and in the amounts as follows: �`:; • Year of Tax Year of Tax Levy Collection Amount , 1985 1986 $30,000 1986 1987 1987 1988 1988 1989 The tax levies are such that if collected in full they, together with estimated collections of other revenues •:y herein pledged for the payment of the Certificates, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided F;;• that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61(3). For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates payable therefrom, the deficiency shall be proinptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 14 16. The Clerk is hereby di.rected to �ile a certified capy of this resalution with the County Aud.itor of Dakota County, Minnesota, toge�her with such other information as he shall require,� and to obtain .f.ram the Auditor his certa.ficate that the Certificates have been entered in the Auditor's Certificate Register, and that the tax levy required by law has been made. 17. The o�ficers of the City are hereby authorized and directed to prepare and furnish to the Purchaser o£ the Bonds, and to the attorneys approving t�he legality of the issuance thereo�, certified copies af all paroceedings and recards af the City relating to the Certificates and to the financiai candi�.ion and affairs of the City, and such other affidavits, certificates and information as are required ta shaw the facts relating to the legality and marketability,af-�t the Certificates as the same appear frorn the boaks and records under their custody and cantrol ar as otherwise known to them, and all such certified copies, certificates and af�idavits, in- cluding any heretafore furnished, shall be deemed represen- tatians of the Ca.ty as to the facts reci.ted therein. � The motion for the adoptian of the faregaing resolution was duly seconded by member and upon vote being taken therean, the �ollawing voted in favar thereof: and the following voted against the same: Whereupan said resolution was declared duly passed�, and adopted. �} -,.:. �1 15 v � . STATE OF MINNESOTA CO[Jt�TTY OF DAKOTA CITY OF MENDOTR HEIGHTS I, the undersigned, being the duly qualified and acting Clerk of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of and awarding the sale of $260,000 General Obligation Equipment Certificates of 1985 of said City. WITNESS my hand and the seal of said City this � day of , 1985. (SEAL) �i 16 Clerk � � � . Page No. 2387 November 5, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OE MINNESOTA Minutea of the Regular Meeting Held Tuesday, November 5, 1985 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, 750 South Plaza Drive, Mendota Heights, Minneaota. Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The followin membera were present: Mayor Lockwood, Councilmembers Blesener, Cummins, Hartmann and Witt. INTRODUCTIONS SOUTHEAST AREA COMPREHENSIVE PLAN AMENDMENTS Mayor Lockwood introduced City Planner Howard Dahlgre to the audience. Mayor Lockwood read action taken at the October 15th meeting relating to comprehenaive plan amendments and development of the southeast area of the City. The Council acknowledged and discuased a memo from Planne Dahlgren proposing plan amendment languege and a memo from the City Adminiatrator regarding southeast area plan amendmenta. Councilmember Cummins suggested that the supporting guidelinea aection o£ the Goals atatement be expanded so that item number one be renumbered number 2 and that a new number one be inserted to atate that no particular development pro�ect ahall exceed 150 unita He felt that such language would not preclude one developer who propoaea a 150-unit pro�ect from bringing in other pro,7ect proposals of the same size. He atated that if thia approach were taken he could envision aeveral development pro�ecta of 150 units being constructed over the next five yeara: the City would not be facing two pro�ecta which would develop the entire area in one year. City Attorney Hart concurred but stated that the standard which will guide the Council is whether the � comprehensive plan limitations are rensonably and rationally related to the public safety, health and welfare. He stated that he is not sure the concerna of Councilmember Cummins cannot be addressed through the design process and felt that specific guidelines as auggeated should not be aet forth in the plan. Councilmember Cummins stated he suggests the 150-unit pro�ect maximum for aeveral reasona: Council would then have the opportunity to control the orderly development of the area end auch pro,7ect would be les� P C 0 Page No. 2388 November 5, 1985 likely to unduly tax the services the community must provide than a 500-unit pro�ect developed at one time Meyor Lockwood pointed out that the City always requires developers agreements and has never lacked control under those agreementa and felt thet aince development can only occur through the PUD process Cauncil will have all the control it needg. After discussion, Mayor Lockwood moved to adopt the wording regarding comprehenaive plan changes containe in the City Planner's report dated October 23, 1985. Councilmember Witt seconded the motion. Ayes: 5 Nays: O Administrator Frazell asked for Council direction relative to the portion of his memo regarding commerciel area designation for the southeast corner o£ Dodd Road and Mendota Neights Road. Councilmember Witt atated that ahe concura with a statement by Councilmember Cummins at a prior meeting, that consideration of the designation can occur when a nee occurs. Councilmember Witt moved to refer the proposed Zc �g Ordinance amendments contained in Planner Dahlgre,. s October 23rd report to the Planning Commission. Councilmember Blesener seconded the motion. Ayes: 5 Nays: O HOUSING BONDS - Mayor Lockwood reviewed Planner Dahlgren's October MENDOTA HEIGHTS 11th memo and October 15th Council diacussiong ASSOCIATES relative to the Mendota Heights Aasocietes CJames Riley) applicationa for S40 million in houaing revenu bonda and proposal for development of an apsrtment pro�ec£ on the south aide o£ Mendota Heights Road. He atated that Mr. Riley haa indicated that he is willing to work with the City based on the compromise auggested by two Councilmembers at the last meeting and that he has met with Mr. Riley in the hope that e compromiae can be reached. Mayor Lockwood informed the Council that Mr. Riley has auggeated that he woul be willing to build 150 units of apartment housing es a£irst atage and wait to aee how acceptable the pro�ect becomes to the City, with the understanding that he could ultimately build 300 unita which would be condominiumized in the future and based on S20 million in housing revenue bond financing. He informed the audience that at a special meeting c November 4th, Planner Dahlgren reviewed suggestec. _t plana which he had prepared and which presented a mix of atructure sizes: 2-75 unit atructurea, and four structures contnining 32 units, 52 units, 20 units an C � �.: .'r Page No. 2389 November 5, 1985 46 units respectively. The units would be spread ove; 40.75 acres so that the denaity would be lesa than 8 units per acre, which would fall within the guidelines. He felt that the proposal is a reasonabl� compromise and that if the developer can build the atructures under the City's rigid guidelines it would be an acceptable pro�ect. ' Councilmember Witt stated that she sgrees with the Mayor's efforts but pointed out that Councilmember Cummins has raiaed questions which should be addressed, citing in particular a letter from the Metropolitan Council to the City Administrator which states in part that an environmental assessment workaheet should be completed by the City before it mekea a final decision on the bonds. Councilmember Cummins stated that he was going to raiae a couple of legal iasues and noted that while those iasuea could be referred ta the City Attorney £or review and the financing conaidered a£ter his review, he suggeated that the proposed bonding be denied at this time based on the propoaed pro�ect and on the basis that Council has �ust gone through an arduous comprehenaive plan amendment with good , guidelines in place. He atated that the Riley proposal still fails to conform to the comprehensive plan to the extent that all of the buildinga exceed 2� units in size. Councilmember Cummins pointed out tha� while the conditional use permit process would be available to the developer, he would be reluctant to approve financing for a pro�ect thet is not consisten� with the comprehensive plan. He suggested that the developer can come back some day with a pro�ect in keeping with the scale of the comprehensive plan. Mayor Lockwood asked Attorney Tom Hart for his comments regarding the Metropolitan Council letter. Attorney Hart atated that his preliminary reaponse is that there has been no comment from the Metropolitan Council other than a finding of no inconaiatensy at thia time: an EAW is required and will be required, but he is unaure that the lack o£ EAW invalidates the public hearing. Debra Strehlow, bond counsel for Mr. Riley, stated that with regard to the EAW, the requirement is that it must be £iniahed and accomplished before the £inal bond approval and pointed out that the Council is'considering ,7ust the preliminary resolutions at thia time. Mayor Lockwood stated that he believes the Council is proceeding properly and that his only reason £or bein� in favor of granting the £inancing ia aimply to enabl� � � � Page No. 2390 November 5, 1985 � the developer to produce a better quality constructio� for the City. City Attorney Hart atated that i£ it 'i: Council's desire to approve the preliminary £inancing reaolutions, the reaolutions should be augmented to b� very clear that the discretion of tfie Council ia abso lute and unlimited. Councilmember Blesener expressed support for Council- member Cummina' statements, pointing out that Council has taken great paina to amend the comprehensive plan and that the amendments contain certain language whicl the developer's proposal ia in con£lict with. She stated that she believes the development can eventually be worked out to be acceptable to the Council but that she cannot aupport the requested financing because of the conflicts with the pinn �mendments. . Councilmember Witt commented that while the points brought out by Councilmember Bleaener are good, the request before Council is only for preliminary approval. She f,elt that Council adoption of the preliminary resolutions, amended to reflect the City Attorney'es comments on Council discretion, would appropriate. Councilmember Cummins stated that the attorneys have not addreased his concern that the EAW be completed, and pointed out thet statutes require that a Metropolitan Council report be conside�ed at the public hearing -the report was not given to Council and he believes it was germain. He in£ormed Council that Bernard Friel has mentioned to him• that he had done research on bond isaues and has discovered a legal point which could �eopardize the issuance of en City bonds in the future. He felt that Council shoul resolve the iasue now and that the developer can come back with a proposal later that will comply with City guidelines. � Mr. Bernard Friel stated that section 462C.04 of Stat Statute requires that if there is any material change � in a pro�ect plac�d before the Metropolitan Council that the matter must be resubmitted to the Metropolitan Council and Minneaota Houaing Finance Agency before it can be reheard by the Council. He felt that a change from 590 unita to 300 unita is a ,material change which requirea new•public hearinga an ` stated that he has been in£ormed preliminarily by ''�e Metropolitan Council that this doea constitute a material change. Mayor Lockwood pointed out that the changes which hav 0 � Ayes: 2 Nays: 3 Blesener Cummins Hartmann APPROVAL OF MINUTES Ayes: 4 Nays: O CONSENT CALENDAR � ; Page No. 2391 November 5, 1985 been made are chnnges that the residents wanted. City Attorney Hart stated that the relevant opinions would be heard at bond closing, if that ever occura. He informed the Council that he has asked the bond counsel whether the reduction in units would be a material change and they have expresaed the opinion that it ia not a change which would require additional hearings. Mayor Lockwood moved preliminary approval of �20 million in housing revenue financing for Mendota Heights Associates. Councilmember Witt seconded the motion. Councilmember Witt was excused from the meeting at 8:45 P.M. Councilmember Hartmann moved approval of' the minutes of the October 15th meeting. Mayor Lockwood seconded the motion. Mayor Lockwood asked that Item 4g, memo on Dodd Road watermain assesament de£erment request, be removed from the consent calendar. Councilmember Cummins moved approval of the consent calendar as submitted, exclusive of item 4g, and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. b. c. d. e. Acknowledgement of the minutes of the October 8th Park and Recreation Commission meeting. Acknowledgement of the minutes of the October 22nc Planning Commission meeting. Acknowledgement of the Code.Enforcement monthly report for October. Acknowledgement of a memo from the City Treasurer regarding aewer rates. Acknowledgement of a letter from Ms. Betty Armstrong regarding aoutheaat area development. ,�: C � Ayes: 4 Nays: O PUBLIC COMMENTS Page No. 2392 November S, 1985 £. Adoption o£ Resolution No. 85-84, "RESOLUTION ACCEPTING WORK AND AFPROVING FINAL PAYMENT FOR ANDERSEN/CURLEY SANITARY SEWERS AND WATER SERVICE� CIMPROVEMENT NO. 85, PROJECT NO. 1)," authorizing £inal payment of �1,240.00 to Orfei & Sons, Inc. h. Approval of a request from the City Administrator to�authorize subacriptions to City Council meetinc agendas at an annual fee of 517.00. i. Acknowledgement of a report of bids received for the sale of Park Department Unit No. 501, a 1978 Chevrolet 3/4 ton pick-up truck, and authorizatior to sell the unit to Mr. Jamea Ayatte for his high bid of 53,050.00. �. Acknowledgement of a letter from Cameron Kruse expressing his intent to resign from the Planning Commission at the end of his current term, along with a memo on Commisaion term expirations. k. Acknowledgement of a memo from the Police Chief and approval of a waiver of the City's trappinct ordinance to allow Mr. Thomas Heany to trap beavers on his property at 1818 Valley Curve. 1. m. Approval of the list of claims dated November 5, 1985 and totalling 5132,254.50. Approval of the list of contractor licenses, granting licensea to: Parsons Hsrdware Developers Construction Oreskovich Builders, Inc. B.B.K. Construction, Inc. Dennis Greger Construction Nillea Buildera Protective Home Covering Wooda Conatruction D.S. Trudeau Const. Co. Olsen Fire Protection Inc. Parsons Hardware Fred Vogt and Company Charles Denn Drywall/Stucco Gas Piping L'icense General Contractor Licen�E G�neral Contractor Licens� General Contractor Licena; General Contractor Licenat General Contractor Licene, General Contractor Licens=. General Contractor Licena, General Contractor Licena: General Contractor Licens� Htg. & Air Cond. License Htg. & Air Cond. License Plastering/Stucco License Councilmember Hartmann seconded the motion. Mr. Bernard Friel presented a new petition, signed by an additional 250 reaidents, oppoaing the Mendota Heights Associates proposed pro,7ect. � � � � Page No. 2393 November 5, 1985 EQUIPMENT CERTIFICATES Financial Advisor Shaughnessy diatributed and reviewe� a tabulation of bida received for the sale of 5260,OOi in Equipment Certificatea. He recommended that the bid be awarded to the First National Bank of St. Paul for its low bid of �57,950 and net interest rate of 6.981 :. Councilmember Hartmann moved adoption of Resolution No. 85-85, "RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF 5260,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1985," awerding the bid to the First National Bank of St. Paul. Councilmember Cummins seconded the motion. Ayes: 4 Naya: O HEALTH RESOURCES Mayor Lockwood opened the meeting for the purpose of public hearing on an application from Health Reaources, Inc. for preliminary approval of an application from Health Reaources, Inc. for 5750,000 in induatrial revenue financing. The Council acknowledged a memo from the City Adminiatrator indicating that Health Resources has asked that the matter be held over. Mayor Lockwood asked for questions and comments from the audience. There being no Cummins moved December 3rd. Councilmember Ayes: 4 Nays: O questions or comments, Councilmember that the hearing be continued to Blesener seconded the motion. EASEMENT VACATION Administrator Frazell informed the Council that Mr. Thomas Dolan, applicant for vacation of an easement i; the Brompton Courts Addition, cannot be present until later in the meeting and has requested that the hearing be delayed until his arrival. Msyor Lockwood asked for questions and comments from the audience. There being no questiong or comments, the matter was tabled. TANDEM DEVELOPMENT, Mr. Dick Putnam, representing Tandem Development, was COPPERFIELD ADDITION present to review propoaed changes in the preliminary plat for the Copperfield Addition which were the reault o£ Council recommendationa and conversationa with Dodge Nature Center representatives. He reviewed the chnnges which were deacribed in his letter to the Council dated October 30th. �=� �i i Page No. 2394 November 5, 1985 He informed the Council that he has walked the site with representetivea of the Park Commiasion and Dod,g• Nature Center and Public Works Director Danielson an• there wea some question about aurfacing of the trail between the ponda. He atated that the developer's egreement specifies blacktop but if the Park Commisaion prefera wood chipa or limeatane ae had be� suggested by their representntive, that will be acceptable to him. Mr. Futnam informed the Council that Lyman Lumber Company hea become an equity partn< in the development of the pro�ect. Councilmember Blesener stated that one of her concer� at the last meeting was the bubble Ccul-de-sac) off Huber Drive �nd asked whether there is some possible way the cul-de-sac from the west cnn be extended. M: Putnam described the topography of the land and stat� that one alternative would be to extend the bubble a the way through. He stnted however that he would prefer not to plat lota with the rear yards on Huber Drive end that he doea not know of e way better than what is propoaed which would make the lota look good Mr. Putnam informed the Council that the developer's agreement stipuletea a apecific aize o£ tree mov i Section 11 and asked that the size be deleted be .s� he may want to use a larger mover. The Council acknowledged receipt of the copies of th restrictive covenanta for the plat and a petition fc public improvementa and wrsiver of hearing.. Councilmember Cummins moved approval of the develope agreement for Copperfield with changes in paragraph one of section 10 to at8te asphalt or concrete construction, deleting "and asphalt" in paragraph tw section 10, and deleting 44" £rom paragraph 11. Councilmember Blesener seconded the motion. Ayes: 4 Nays: O . Councilmember Hartmann moved adoption of Resolution No. 85-86, "RESOLUTION ACCEPTING PETITION AND ORDERI PREPARATION OF FEASIBILITY REPORT FOR COPPERFIELD C SUBDIVISION CTANDEM CORPORATION) CIMPROVEMENT N0. 85 PROJECT N0. 4)." Councilmember Blesener seconded the motion. Ayea: 4 Nays: O DEFERMENT REQUEST The Council acknowledged receipt of a memo from the Public Worka Director and letter from Viaitatior Monastery requesting the deferment of an assesamt..c for Mendota Heights Road/T.H. 149 watermain improvements egainst the Gott property recently Page No. 2395 November 5, 1985 acquired by the Monastery. Mayor Lockwood stated that the property was apparently purchaaed after the asaeasment roll was adopted and doea not therefore qualify for defermentawould not be in accordance with City policy on the deferment of assesamenta. It was the concensus that if Visitation has information which would aupport deferment approval, they may come before the Council again with a request. Councilmember Cummins moved to deny the request for deferment of assessments without pre�udice. Councilmember Hartmann aeconded the motion. Ayes: 4 Nays: O CASE NO. 85-28, Mr. Nick Linsmayer was present to request approval LINSMAYER a 20 foot variance from the rear yard setback requirement to allow conatruction of a home on Lot Block l, Valley View Oak 1st Addition. .� Ayea : 4 Nays: O CASE NO. 85-29, LINVILL {. COMPUTER SYSTEM Ayes: 4 � Nays: O YORKTON FEASIBILITY STUDY • of 17. Councilmember Blesener moved to grant a 20 foot rear yard setback varisnce, sub�ect to a 30 foot area beinc provided along the west sideyard, for Lot 17, Block 1, Valley View Oak lat Addition. Councilmember Cummins seconded the motion. Administrator F'razell informed the Council that the applicant ia unable to be present for the discusaion and asked that the matter be tabled to November 19th. Mr. Dave McCauley was preaent to briefly review and answer Council questions on the proposed request for propoaals for computer software and equipment. After discussion, Councilmember Blesener moved to approve the Request for Proposals and authorize advertisement for bids to be received on December 2nd Councilmember Hartmann seconded the motion. Public Works Director Danielsort reviewed the £easibility study on proposed improvements to serve the Yorkton property and ad�acent a'reas. � Councilmember Cummins moved adoption of Resolution No 85-87, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HE�NG ON PROPOSED SANITARY SEWER, WATER, STORM SEWER, STREETS AND LIGHTING IMPROVEMENTS TO SERVE THE YORKTON CENTRE POINTE SOUTH SUBDIVISION AND � •:,,.. � 11 ADJACENT AREAS <IMPROVEMENT the hearing to be conducted Mayor Lockwood seconded the Ayes: 4 Nays: O Page No. 2396 November 5, 1985 N0. 84, PROJECT NO. 4)," on December 3rd. motion. EASEMENT VACATION Mayor Lockwood opened the meeting for the purpoae of : public hearing on an application from Thomaa Dolan £o. the vacation o£ a utility eaaement over Lot 5, Block 1, Brompton Courts Addition. Mr. Dolan informed the Council that he has recently sold the property and felt an obligation to puraue the eesement vacation. He atated that he does not know what the easement was originally dedicated for. Public Works Director Danielson informed the Council that no utilitiea are within the easement area and there is no City need to retain the easement. It was noted by the Council membera that the eesement also runs across part of Lot 6 and that perhaps the owner of the lot ahould be contacted to see whether he also desirea an easement vacation. Mayor Lockwood asked for questions and comments f the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed and that Resolution No. 85-88, "RESOLUTION APPROVING VACATION OF UTILITY EASEMENT IN LOT 5, BLOCK 1, BROMPTON COURTS" be adopted. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: O NOISE REGULATIONS City Treasurer Shaughnessy reviewed his memos and a report from John Shardlow expresaing their concerna regarding propoaed amendmenta to the Pollution Contro Agency's rulea governing airport noiae. He informed the Council that a public hearing on the propoaed . amendmenta will be conducted by the PCA on November 19th. Mr. Shaughnessy and Bernard Friel, the City's repreaentative on MASAC reaponded to Council question� on the matter. Mr. Friel stated that the City ahould be concerned over the liability it might £ace i£ it . implements the state regulations and compliea with th� imposition o£ use requirements on land that is .affected by noise. After discussion, Council directed that Mr. Shaughnessy prepare a draft o£ comments for presentation to the Hearing Examiner at the PCA hearing and to submit the comments to Mr. Friel and . ..{, . . . Page No. 2397 November 5, 1985 City Planner Dahlgren. MOTOR VEHICLE Police Chief Delmont reviewed the proposed Motor ORDINANCE Vehicle Ordinance and responded to Council questions on the matter. There was some discussion regarding � the parking/storage o£ recreational vehicles and it was determined that the m�tter should be considered when the Zoning Ordinsnce updating process occurs. It was noted that section 4.13C2) should be corrected to read "or any truck in excess of 9,000 pounds" rather than any vehicle. Ayea: 4 Nays: O Ayea: 4 Nays: O rrir. • Ayes: 4 , Nays: O Councilmember Cummins moved adoption of Ordinance No. 218, "AN ORDINANCE REPEALING CERTAIN MOTOR VEHICLE AN.I PARKING ORDINANCES." Councilmember Bleaener seconded the motion. Councilmember Blesener moved adoption of Ordinance No 219, "AN ORDINANCE REGULATING MOTOR VEHICLES AND TRAFFIC," and authorization of summary publication in form prepared by the City Attorney. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved to re-number all remaining ordinancea in Section 11 of the City's Code of Ordinances. Councilmember Cummins seconded the motion. PUBLIC WORKS RADIOS On the recommendation of the Police Chie£, Councilmember Hartmann moved to authorize radio consultant John DuBois to acquire public worka radio equipment and police/fire antennae £rom the ISD 191 bid, at a cost of 529,711.84. Mayor Lockwood aeconded the motion. � Ayeg: 4 Nays: O � HIGHWAY 13 TASK FORCE The Council acknowledged s letter from Lilydale Mayor � Bream and a memo from the City Administrator recommending that Council appoint a representative to serve on s �oint Mendota Heighta/Lilydale/Mendota T.H 13 Task Force. Councilmembers Blesener and Hartmann .both volunteered to serve on the committee. It was the concensus of the Council to appoint Councilmembers Blesener and Hartmann to alternate on the Task Force. ha •. Page No. 2398 November 5, 1985 SUBURBAN RATE AUTHORITY The Council acknowledged a memo from the City Admini•s trator and a letter from the Suburban Rate Authority asking the City to contribute financially to the Suburban Rate Authority's efforta in the NSP electric rate increase caae. It was the concensus that Counci / had no interest in participating financielly. l EIDE ESTATES Council acknowledged and briefly discussed a memo fro the Public Works Director requeating Council directic on the deaireability or need for acquiring either a lot or an easement in the Eide Estates to provide utility and street access to the Perkegwin property. It was the concensus of the Council thet no action should be taken on the matter since there is no development proposal for the Perkegwin property and the property cen be served £rom Dodd Road. F'IRE CODE Councilmember Hartmann moved adoption of Ordinance Nc 220, "AN ORDINANCE AMENDING ORDINANCE N0. 1007," to adopt the 1982 edition of the Uniform Fire Code. Councilmember Blesener seconded the motion. Ayes: 4 Nays: O T.H. 149 TRAFFIC Councilmember Blesener expressed concern over increased traf£ic on T.H. 149 from I-494 and asked that the passibility of inatelling stop aigna on T.H. 149 between I-494 and T.H. 110 be explored. Staff we directed to pursue the matter with Mn/DOT. MISCELLANEOUS Councilmember Cummins informed the Council that he will be unable to attend the November 19th meeting.- Councilmember Hartmann stated that weeds in the ditch at Downing and T.H. 13 are creeting a aite obstructic and asked that Public Works cut the weeds. Administrator Frazell stated that Councilmember Witt has asked him to express her concern over the constantly incompleted stnte of remodeling o£ a house located at Marie and Delsware. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meetin Fege . No . 2399 November S, 1985 be ad�ourned. Councilmember Blesener seconded the motion. Ayes: 4 Nays: O TIME dF ADJOURNMENT: 11:20 P.M. ATTEST: ----------------------------------------� Kathleen M. Swanaon City Clerk ... ----------------------------------- ' Robert G. Lockwood Mayor 0 . �. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE N0. (Codified as Ordinance No. ) AN ORDINANCE REGULATING MOTOR VEHICLES AND TRAFFIC SECTION 1 DEFINTIONS Subdivision 1. Terms. For the purposes of this ordinance, the terms defined shall have the meanings ascribed to them. (1) Authorized emergency vehicle. "Authorized emergency vehicle" means any of the following vehicles when equipped and identified according to law: (a) A vehicle of a fire department; (b) a publicly owned police vehicle or a privately owned vehicle used by a police officer for police work under agreement, express or implied, with the local authority to which he is responsible; (c) a ve hicle of a licensed land emergency ambulance service, whether publicly or privately owned; (d) an emergency vehicle of a municipal department or a public service corporation, approved by the commissioner of public safety or the chief of police of a municipality; (e) any volunteer rescue squad operating pursuant to Laws 1959, Chapter 53; (f) a vehicle designated as an authorized emergency vehicle upon a finding by the commissioner of public safety that designation of that vehicle is necessary to the preservation of life or property or to the execution of emergency governmental functions. (2) Bicycle. "Bicycle" means every device propelled solely by human power upon which any person may ride, having two tandem wheels except scooters and similar devices and including any device generally recognized as a bicycle though equipped with two front or rear wheels. (3) Bus. "Bus" means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle other than a taxicab designed and used for the transportation of persons for compensation. (4) Business District. "Business district" means those areas of the City designated on the City's official zoning map as "B" Districts. (5) Crosswalk. "Crosswalk" means any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. (6) Controlled access highway. "Controlled access highway" means every highway, street, or roadway in respect to which the right of access of the owners or occupants of abutting lands and other persons has been acquired and to which the owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the City. -1- :•t (7) Custom service vehicles. "Custom service vehicles" means all vehicles used as well-drilling machine, wood-sawing machine, cement mixer, rock crusher, road grader, ditch digger, or elevating grader, refuse hauling truck, paving roller, portable generators, welders and air compressors mounted on trailers and capable of being towed, motor graders, caterpillars, and similar service equipment. � (8) Driver. "Driver means every person who drives or is in actual physical control of a vehicle. (9) Farm tractor. "Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing-machines, and other implements of husbandry. (10) Gross weight. "Gross weight" means the unloaded weight of a vehicle or the unloaded weight of a truck-tractor and semi-trailer combination, plus the weight of the load. (11) Industrial District. "Industrial district" means those areas of the City designated on the City's official zoning map as "I" district. (12) Laned highway. "Laned highway" means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic. (13) Motor vehicle. "Motor vehicle" means every vehicle which is self- propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires. Motor vehicle does not include a vehicle , moved solely by human power. (14) Motor Vehicle Parts. "Motor vehicle parts" means any part, accessory, attachment, or piece of equipment commonly used on or in .� connection with a inotor vehicle. ��- (15) Motorcycle. "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scoot:ers and bicycles with motor attached, other than those vehicles defined as • motorized bicycles in subdivision 15, but excluding a tractor. -•- (16) Motorized bicycle. "Motorized bicycle" means a bicycle with fully operatable pedals which may be propelled by human power or a motor, or by both, with a motor of a capacity of less than 50 cubic centimeters piston displacement, a maximum of two brake horsepower, which is capable of a � maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. (17) Official traffic control devices. "Official traffic control devices" means all signs, signals, markings, and devices not inconsistent with this section placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. -2- (18} One-way raadway. "One-way roadway" means a street ar roadway designated and sign-posted for one-way traffic and on which all vehicl�s are required to move in one indicated direction. (19) Owner. "Owner" means a person who holds the legal �itle of a vehicle, or in the event a vehicle is the subjecC af an agreem�nt far the canditianal sale or lease thereof with the right of purchase upon � performance of the canditians stated in the agre�ment and with an � immediete right of possession vested in the conditional vende� or lessee, or zn the event a mortgagor of a vehicle is entitled to possession, then such canditional vendee or Iessee or martgagor shall be deemed the owner for the purpose of this Ordinance, (20) Pedestrian. "P�destrian" means any person afoot. (21) Police ofEicer, "Police officer" means every officer authorized to direct or regulate traffic or ta �ke arresCs for violatiaas of traffic regulations. {22} Private road or driveway. "Private road or driveway" means every way or place in private awnership and used for vehicular travel by the owner and those having express ar implied permission from the awner, but nat by other persons. (23) Residential District. "Residential district" means �hose areas of the Ci�y designated on the City's offic2al zoning map as "R" districts. (24) Right of way. "Right of way" means the privilege of the immediate use of street or highway. {25) Raad tractor. "Road tractor" means every motor vehicle designed and used for drawing other ve hicles and not so constructed as to carry any laad thereon either independently ar any part of the weight of a vehicl� or load so drawn. . (26) Roadway. "Roadway" means that portion of a highway impraved, designed, or ordinarily used �or vehicular �ravel, exclusive aF the sidewalk or shoulder even though such sidewalk or shaulder is used by persons riding bicycl�s or other human powered vehicles. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively, � (27) Safety zone. "Safety zone" means the area or space officially set � apart within a roadway far the exclusive use of pedestrians and which is pratected or is so marked or indicated by adequa�e signs as to be plainly visib�e at a1I times.set apart as a safety zane. {28) School bus. "Schoal bus" means every motor vehiele owned by a public ar governmental agency and aperated for Che transpartaCion o£ children to or irom schaol or privately owned and operated for compensation for the transpor�ation of children �o or from schaol. -3- {29} Semi-trailer. "Semi-trailer" means every vehicle without motive pawer designed for carrying persons ar praperty and for being drawn by a motor vehicle and so constructed that same part of its weight and that of its load rests upan or is carried by anather vehicle. (30) Service vehicle. "Service vehicle" means a motor vehi-cIe owned and � operated by a person, firm or corporation engaged in a business which includes the repairing or servicing of vehicles. The term alsa includes snow removal and road maint�nance equipment not operated by or under contract ta the state or governmental subdivision. (31) Sidewalk. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property Iines intended far the use of pedestrians. (32) Stand or standing. "Stand or standing" means the halting of a.;, vehicle, whether accupied or not, atherwise than temporarily for the� purpose of and while actually engaged in receiving ar discharging gassengers. {33) Stop. "Stop" means complete cessation from movement. {34) Stopping. "Stopping" means any halting even mamentarily of a vehicle, whether occupied or not, excepC when necessary ta avaid conflict with ather traffic ar in complaince ari.th the directions of a police afficer or traffic con�rol sign or signal, (35) Street or highway. "Street or highway" means the entire width between boundary lines of any way or place when any part �hereof is open to the use of the public, as a mat�er of right, for the gurpases of vehicular traf£ic. �� : ,•f (36) Thraugh street. "Through street" means every street or portiori thereaf at the entrances to which vehicular traffic from intersecting stree�s is required by law to stop before entering ar crossing the same and when stap sigris are erected as grovided in this ordinance, (37) Traffic. "Traffic" means pedestrians, ridden or herded animals, vehicles or ather conveyances, either singly or together, while using any streeC or highway for purposes af tra'vel. (38) Traffic cantrol signal.. "Traffic control signal" means any device, whether manually, electrically ar mechanically operated, by which traffic � is alternately directed to stop and permitted to proceed. (39) Trailer. "Trai�.er" means every vehicle without motive power designed �or carrying persons or property and for being drawn by a�motor vehicle and so canstructed that no part of its weight rests upon the towing vehicle. (4Q) Truck. "Truck" means every motor vehicle designed, used or maintained primarily far the transportation of praperty. -�- (41) Truck-tractor. "Truck-tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (42) Vehicle. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway � (excepting devices used exclusively upon stationary rails or tracks). (43) Wrecker. "Wrecker means a motor vehicle having a gross vehicle weight of 8,000 pounds or more, equipped with a crane and winch and f urther equipped to control the movement of the towed vehicle. SECTION 2 STATE HIGHWAY TRAFFIC REGULATION ACT The regulatory provisions of Minnesota Statutes 1973, Chapter 169, known as the Highway Traffic Regulation Act, as amended by Laws of 1982, is ��f hereby adopted as a traffic ordinance regulating the use of highways, streets and alleys within the City of Mendota Heights and are hereby incorporated in and made a part of this ordinance as completely as if set forth herein. SECTION 3 SCOPE OF ORDINANCE 3.1 Unless otherwise declared by Chapter 169 with respect to particular offenses, it is a petty misdemeanor for any person to perform any act forbidden or fail to perform any act required by this Ordinance, except a violation which is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property. 3.2 No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with the authority to direct, control or regulate traffic. SECTION 4 STOPPING, STAND.ING AND PARKING 4.1 General Provisions 4.1(1)Any vehicle parked at any time on any public street in any part of the City of Mendota Heights shall be parked with the right-hand side parallel to the edge of the paved or improved road and not more than one foot from the edge of the paved or improved road, leaving at �, least four feet between parked vehicles except where marks or signs in the street indicate that cars shall be parked at an angle. 4.1(2) It is unlawful- for any person to remove, erase or otherwise obliterate any mark or sign placed upon a tire or other part of a vehicle by a police officer for the purpose of ineasuring the length of time such vehicle has been parked. 4.2 Unattended Vehicles 4.2(1) No person shall leave a motor vehicle unattended on any road, -S- 0 street or highway in the city with the engine running. 4.2(2) No person shall leave a motor vehicle parked unattended in the City on a street, road or highway, in any parking area, or in any public or private driveway, with the key in the ignition or the ignition unlocked. � 4.2(3) Whenever any police officer shall find any such motor vehicle � standing in violation of the foregoing provision, such police officer is authorized and directed to remove the keys from such vehicle and retain the same until called for by the owner of said motor vehicle. 4.3 Passage Interference No automobile or other vehicle shall occupy any road or stree�,�fin the city so as to interfere with or interrupt the passage of other cars or vehicles. 4.4 Places Prohibited Generally No person shall stop, stand or park a motor vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: 4.4(1) On or blocking a sidewalk, bikeway or pedestrian-way or blocking a :-;� driveway, bikeway or pedestrian-way entrance. 4.4(2) In front of a public or private driveway; 4.4(3) Within an intersection; :^� 4.4(4) Within ten (10) feet of a fire hydrant, fire department sprinkler connection or fire department standpipe connection; 4.4(5) On a crosswalk; 4.4(6) Within twenty (20) feet of a crosswalk at an intersection; 4.4(7) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a ( street, roadway or highway; between a safety zone and the adjacent � curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone unless a different length is indicated by.s�gns or markings; ;r � 4]' 4.4(8) Within fifty (50) feet of the nearest rail of a railroad crossing; 4.4(9) Within twenty (20) feet of the driveway entrance to any fire station and on the side street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when -6- r. properly sign-posted; 4.4(10)Alongside or opposite any street, roadway or highway excavation or obstruction when such stopping, standing, or parking would obstruct f:• traffic; 4.4(11)On the street, roadway or highway side of any vehicle ( stopped or parked at the edge or curb of a street; 4.4(12)Upon any bridge or other elevated structure upon a street, roadway or highway or within a highway tunnel, except as otherwise provided by ordinance; 4.4(13)At any place where official signs prohibit parking. 4.5 Handicapped Parking 4.5(1) No person shall park a motor vehicle in a parking space designated and reserved for the physically handicapped, on either private or public property, unless: 4.5(1) a. That person is physically handicapped in a manner rendering it difficult and burdensome for such person to walk or such person is operating the vehicle under the direction of such a physically handicapped person; and 4.5(1) b. The vehicle visibly bears or contains the certificate or -::�-.� insignia issued to physically handicapped persons by the Minnesota Department of Public Safety pursuant to Minnesota Statute Chapter 169.345, Subd. 2. 4.5(2) Notice of such designation of handicapped parking spaces shall be given by the posting of appropriate signs. 4.5(3) In any prosecution charging a violation of the above provisions, proof of the identity of the registered owner of the particular vehicle described in the citation or complaint at the time of the violation shall create a prima facie presumption that the individual was the person who parked such vehicle at the point where the violation occurred. 4.5(4) A violation of this section shall constitute a petty misdemeanor. Vehicles in violation may be removed, impounded and kept in custody � under the direction of the Chief of Police. 4.6 Consent for Private Parking No person shall park or leave a motor vehicle standing upon the private property of another person without first receiving consent of the owner of such property. • -7- V J 4.7 Special Parking Areas Special parking areas may be designated by the City Council from time to time by resolution for truck parking or for taxicab parking and when so designated, no other vehicles may stand, stop, or park in such areas. ( 4.8 Parking in Privately and Publicly Owned Parking Lots And Parking Areas 4.8(1) Maximum Speed and Manner of OperatinR Motor Vehicles Generally 4.8(1) a. No person shall operate a motor vehicle on any parking lot or parking area in the City, whether privately or publicly owned, at a speed greater than is safe and reasonable under the �. conditions of traffic then existing therein, and in no event shall any such vehicle be operated in excess of a speed of 15 miles per hour. 4.8(1) b. All operation and driving of motor vehicles on such parking lots or parking areas shall be done in a careful manner so that no sudden starting or erratic movement of such vehicle is deliberatly engaged in by the driver. 4.8(1) c. It shall be unlawful for any person to operate any motor vehicle upon such parking lot or parking areas in any manner that would constitute careless driving if done on a public street. 4.8(1) d. No person shall engage in any drag racing or exhibition driving on any such parking lot or parking area. �_ '� � 4.8(2) ParkinQ Uniformity Parking of vehicles on such parking lots or parking areas shall conform to the markings of.stalls or positions for parkin.g which � are designated��on the surface of the parking area`anii"no�vehicles shall be parked or allowed to stand in any area of such parking lot or parking area which has been designated or is used as a fire lane or a lane for moving traffic so that such parking will interfere ' with fire prevention or firefighting or with the movement of traffic therein. � 4.8(3) Traffic Control Si�ns 4.8(3) a. The Police Department of the City may post signs at any entrance - to a parking•lot from a public street which shall designate one- way traffic for entrance and exit and the driver of any vehicle entering or leaving such lot shall comply with any signs so posted. 4.8(3) b. Where a privately or publicly owned parking lot or area in the City has traffic-control signs within said lot or area � � indicating traffic direction, speed, yield or stop, the driver of any vehicle upon such lot or parking area shall comply with any such signs. 4.8(4) Notice of Collision In the event that any person who drives a motor vehicle upon such C parking lot or parking area becomes involved in a collision between the vehicle he is driving and any other vehicle or vehicles parking upon said lot or area, such driver shall leave a notice upon each unattended vehicle with which he has collided, giving his name, address and license number. Failure on the part of any person to comply with this paragraph shall constitute a violation of this ordinance. 4.9 RF.NIOVAL OF VEHICLE BY POLICE 4.9(1) When any police officer of the City finds a vehicle standing upon a street, roadway or highway in violation of any of the provisions of this ordinance, such officer is hereby authorized to move such vehicle or require the driver or other person in charge of the vehicle to move said vehicle to a position not in violation of any section of this ordinance. 4.9(2) Any vehicle, wherever found, whether on public or private property, in violation of this ordinance or other ordinances of the City or the laws of the state is hereby declared to be a nuisance. Any police officer of the City may require the driver or other person in charge of the vehicle to move said vehicle to a position not in violation of any section of this ordinance or said vehicle may be removed, under the direction or at the request of a police officer, to any public or private garage or parking area until claimed by the owner thereof as hereafter provided. 4.9(3) Any vehicle found upon the streets of the City in such a damaged condition or state of disrepair that it cannot be driven and which, in the opinion of a police officer, constitutes an obstruction of the street, may be removed and impounded by the police department to a place of storage; provided, that if the owner or operator has requested, such vehicle may be towed to the owner's own garage or any other garage. C 4.10 RECOVERY OF STORED VEHICLE \4.10(1) As soon as practicable after the removal of said vehicle parked in violation of the provisions of this ordinance, the City Police ' Department sliall notify, in writing, the person known to be the owner of such vehicle by the registration thereof, of the following facts: 4.10(1) a. A general description of the vehicle together with the license number; . � e 4.1Q(1} b, The approximate time and the reason for removal and the place to which removed. 4.10(2}Before any vehi.cle sa removed and stored shall be reclaimed, the owner or ather claimant sha11 satisfactorily identify himself and establish his right, title or in�erest ta said vehicle and the �_ right to poss�ssion thereof and �ha11 further pay all costs or � charges in cannection with Che removal and starage of such vehicle and notice thereof. The payment of such charges shall not relieve the owner or other person responsible for such violation from the payment of any fine or penalty for violations af the provisions of this ar any other applicable ordi.nance of the City or laws af the state. It shall be unlawful �or any person to reclaim the vehicle so remaved and stored without first paying all of the said costs, charges or penalties. 4.11 Vehicles on Parkways, in Parks or Upon Public Grounds 4.11(1) The operator, driver, owner or persan in charge af any vehicle used or driven over ar upon the streets and raads af the City must observe all of the following regulations upon aJ.l parkway� and within the limits of all parics and upon any publicly owned grounds in the ca.ty. 4.11(1) a. No vehicle shall be left sCandi.ng or parked except in designated parking spaces, and vehicles must be parked so that an unobstructed view into the interiar af the vehicie may be had at all times, and na curtains, papers or coverings af any kind shall cover or conceal �he front, rear, or side windows of any parked vehicle. 4.11(1) b. No vehicle shall be left standing ar parked upon any foot path ar in any area in which parking is restricted. 4.11(1) c. No person shall be in any park, and no person sha11 remain in or leave any vehicle in any park, or upan any parkway or pub].ic grounds between the hours of eleven o'clock p.m.'and six o'clock a.m. of the fallowing marning. Nothing in this section shall apply to persons traveling upon es�ablished driveways of parks, or upon parlcways. C 4.12 Junk Cars 4.12(1) Definitian. "Junk car" means any motor vehicle which; a) for a period af thirty {30} days or more is nat in operable condi�ian, or (b} far a period of thir�.y (30) days or more is partially dismantled, or (c) is used for sale of parts or as a saurce of repair or replacement parts for other vehicles, or (d} is kept �or -10- scrapping, dismantling, or salvage of any kind, ar (e) for a period af thirty (30) days or more is not praperly licensed for operation within the State of MinnesaCa. 4.12(2} Parking and Storage No gersan shall park, keep, place, or s�ore ar permit the parking or storage of a junk car on a public street or alley, or on any private lands ar premises which he owns, accupies, or controls � unless it sha11 be within a building on such private premises. 4,12(3) Repair, Service or Maintaining No person shall service, repair, replace parts or do maintenance wark on a junk car on a public street nar on any private lands or premises unless it shall be within a building an such private premises. 4.12(4) Provisions of Other Ordinances Nothing herein cantained sha11 in any way be deemed to permit the keeping, storing, ar parking of junk cars ar the servicing, repairing, replacing of parts on, or main�enance of junk cars in violation of the provisions of the City Zoning Ordinance, as amended, or of any other ordinance of the City of Mendota Heights. 4.13 Truck and Cus�om Service Vehicle Parking �.13(I} It is unlawfui to park a semi-trailer upon any street, City-owned parking iat, or other public property. 4.13{2) Tt is unlawful to park a semi-trailer, truck-tractar, or a combination thereof, or any custam service vehicle as defined by this ordinance,��-ve�i-r3.� in excess of 9,000 pounds gross vehicle weight within an area zoned as a residential district except £or the purpose of Iaading or unloading the sarne if such vehicle is in the process of making a delzvery. 4.14 Parking During Snowfall 4.14(1) No person shall allow any vehicle �o park or stand upon any street or road in �he City for more than �hirty (30) minu�es during the time intervening between a snowfall of twa inche� or more and the plawing or removai thereof. � 4,14(2} Any vehicle stapped, garked, abandoned or atherwise unattended in ` violation of this section is hereby declared to be an obstructian of City streets and shall be declared ta be a nuisance. 4,14(3) In the event any vehicle is stopped, parked, abandaned or otherwise left unattended in violation of the provisions af this section, any police afficer of the City or the City Public Works Superintendent is hereby authorized to remove or cause to be remaved any such vehicle and ta have such vehicle tawed or -11- otherwise removed to any public or private garage or parking area and stored in such garage or parking area until claimed by the owner as provided in Sectian 4.10 of this Ordinance. 4.15 Vehicle Repair on Stree� It is unlawful for any persan to service, repair, assemble ar � dismantle any vehicle parked upon a street, or attempt �o do so, except to service such vehicle with gasaline ar oil ar �o provide emergency repairs thereon, but in no event for more than six (6) hours. SECTION S SNOWMOBILES 5.1 Definitions S.l(1)�nowmobile. Snowmobile means a self-propelled vehicle designed for �ravel on snow or ice or on a natural terrain steered by wheels, skis, or runners. S.1(2)Owner. Owner means a person, other than a lien holder, having the praperty in ar title to a s�owmobile or entitled to the use ar possession thereo£. 5.1(3)Operator. Operator means every persan wha operates or is in actual physical cantral of a snawmobile. .,� 5.1(4)Operate. Operate means to ride in or on and control �he aperation of a snawmobile. S.l(5}Register. Register means the act af assigning a registration number to a snowmobile. S.l(b)Roadway. Roadway means that partion of a street, highway or road which is impraved, designed, or ardinarily used for vehicular travel, 5.2 State Regulations Adopted Minnesota Statutes 19b9, sections $4,$1 through 84.88, as amended by Laws af 1980 are hereby adopted as snowmobile regulations of the city and made a part of this sec�ion by reference as if fully set � forth herein. 5.3 Snowmabile Registration Except as herein provided, no person shall operate any snowmab�le within the City of Mendota Heigh�s, except on the private properCy � af the owner of the snowmobile, unless such snawmobile has been registered in accordance wi�h the Laws o� the Sta�e of Minnesota. -12- 5.4 Exceptions No registration hereunder shall be required for the following described snowmobiles: 5.4(1)Snowmobiles owned and used by the United States, any state, county or municipality. / 5.4(2) Snowmobiles registered in a country other than the � United States temporarily used within this state. 5.4(3) Snowmobiles covered by a valid license of another state and which have been within this state for not more than thirty (30) consecutive days. S.S Operation Except as herein provided, no person shall operate a snowmobile . within the City of Mendota Heights except upon private property with the written permission of the owner of such private property. 5.6 Operation, Exceptions 5.6(1)A snowmobile may be operated upon a public street or highway in an emer�ency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical. 5.6(2)A snowmobile may be operated at anytime, anywhere, within the City ��- of Mendota Heights under emergency circumstances by any police officer or duly authorized official, agent, or employee of the City. 5.7 Operation Generally It shall be unlawful for any person to drive or operate any snowmobile in the following unsafe or harassing ways: 5.7(1) At a rate of speed greater than reasonable or proper under all the surrounding circumstances; 5.7(2) In a careless, reckless or negligent manner so as to endanger the operator or the person or property of another or to cause injury or damage thereto. 5.7(3) While under the influence of intoxicating liquor or � narcotics or habit forming drugs. 5.7(4) Without a lighted head and tail light after sunset and before sunrise or when otherwise required f or safety. 5.7(5) To leave or allow a snowmobile to be or remain unattended on public property. -13- .; 5.7(6) To operate a snowmobile in a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. 5.7(7) To operate a snowmobile within one hundred (100) feet of any skating rink or sliding area, or in any other area where the ' operation would conflict with use or endanger other persons or property. � 5.8 Required Equipment All snowmobiles shall have the following equipment: 5.8(1) Standard mufflers which are properly attached and which reduce the noise of operation of the machine to the minimum noise necessary for operating the machine and no person shall use a muffler cut- out, by-pass, or similar device on said machine. 5.8(2) A head light and tail light if the snowmobile is operated after dark. 5.8(3) Brakes adequate to control the movement of and to stop and hold a snowmobile. 5.8(4) A safety or deadman throttle which automatically cuts the fuel supply to the engine whenever the operator releases pressure on the throttle. 5.9 Liability A person registered as owner of a snowmobile may be fined not to exceed three hundred dollars if a snowmobile bearing his registration number is operated contrary to the provisions of this section. The registered owner may not be so fined if�(a) the ,.a snowmobile was reported as stolen to a law enforcement agency at the time of the alleged unlawful act, or if (b) the registered owner demonstrates that the snowmobile either was stolen or was not in use at the time of the alleged unlawful act, or if (c) the registered owner furnished to law enforcement officers, upon request, the identity of the person in actual physical control of the snowmobile at the time of such violation. The provisions of this section do not apply to any person who rents or leases a snowmobile if such person keeps a record of the name and address of the person or persons renting or leasing such snowmobile, the registration number �thereof, the departure date and time and expected time of return , thereof. Such record shall be preserved for at least six months and shall be prima facie evidence that the person named therein was the operator thereof at the time it was operated contrary to this section. The p"rovisions of this section do not prohibit or limit the prosecution of a snowmobile operator for violating any . provisions of this section. -14- 5= e � 0 SECTION 6 RECREATIONAL MOTOR VEHICLES 6.1 Definition. Recreational motor vehicle means any motor vehicle designed for, used or capable of use for sport, amusement or recreation, whether or not eligible to be licensed for use upon streets, and highways, including, but not limited to motor bikes, motor scooters, trail C bikes, mini bikes, motorcycles, go-karts, hovercraft, snowmobiles converted to use with wheels, all-terrain vehicles or dunebuggies, but excluding motor vehicles designed for commercial, industrial or agricultural use and snowmobiles propelled by tracks. 6.2 Operation of Recreational Motor Vehicles It shall be unlawful to operate a recreational motor vehicle withi the City: ;;:#= 6.2(1) Upon private property without the written permission of the owner �. or person entitled to possession thereof; subject, however, to the following: This restriction shall not apply to motor vehicles registered under Minnesota Statutes, Chpater 168, when operated by a driver licensed under Minnesota Statutes Chapter 171 upon private driveways, roadways, lanes, ways or parking lots where the operation of licensed motor vehicles is not expressly prohibited by posted notice. - 6.2(2) Upon any school grounds, public park, playground, recreational area, golf course, or other public property. A�: 6.2(3) Upon any public sidewalk, bikeway, walkway or boulevard. 6.2(4) Upon the right-of-way of any public street or highway unless: 6.2(4) a. The recreational motor vehicle is licensed under Minnesota Statutes, Chapter 168, and 6.2(4) b. The operator is licensed under Minnesota Statutes, Chapter 171, and 6.2(4) c. The vehicle is operated upon the improved portion of the right- of-way. � 6.3 Movement of Unlicensed Recreational Motor Vehicles No unlicensed recreational motor vehicle may be moved along or across a street�or highway with a person seated thereon, whether or not the engine is operating. Such vehicles may be moved along or across a street or highway by pushing, and only when doing so creates no hazard to moving vehicular traffic on the street or highway. -15- a 6.4 Recreational Vehicle Noise Limits Recreational motor veh9.cles shall meet the noise limits established for motorcycles by Minnesota Statutes, Chapter 169. SECTION 7. RECREATIONAL CAMPING VEHICLE PARKING 7.1 Definition. � The term "recreational camping vehicl.e" means any af the fo7.I.owa.ng: 7.i(1) Camping Trailer. Camping trailer means a folding structure, mounted on wheels and designed far travel, recreation and vacation uses. 7.1{2} Motar Home, Motor home means a matar vehicle designed, constructed, or used to provide movable living quarters for •�: recreatianal use. • 7,1(3) Pick-up Coach. Pick-up coach means a structure designed to be mounted on a truck cfiassis for use as a temparary dwelling for travel, recreation and vacation. f' 7.1(4) Travel Trailer. Trave]. traa.ler means a vehicular, porCable , f' structure bui.lt on a chassis, designed ta be used as a temporary ' dwel.ling for travel, recreational, and vacation uses, permanently identified "Travel Traa.ler" by the manufacturer af the trailer. 7.2 General Pravisa.ons It sha11 be unlawful for any person to leave or park a recreational camping vehicle on or within the limits of any street or right-of- way for a continuous period i.n excess of �wenty-four (24) haurs'` withaut the written permission oi the Chief af Police. SECTION 8. COORDINATIQN OF PROVISIONS 8.1 Where a provision of any other ordinance of the City conflicts with the provisians of this Ordinance, the provisions of this Qrdinance , shall prevail. SECTION 9. PENALTY 9.1 Any person violating any provisions of this Ordinance may be guilty � of a misdemeanar and upon convic�ion may be punished by a fine of not more �han seven hundred dallars {$700.00} or imprisoned ior nat more than ninety (90) days or both, plus the cost of prosecution in any case. . � ' :,� � :, � «� � � SECTION 10. EFFECT OF ORDINANCE This Ordinance shall be in full force and effect from and after its publication according to law. Enacted and ordained by the City Council of the City of Mendota Heights this day of , 1985. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood Mayor -17- � CITY OF MENDOTA HEIGHTS TREASURER'S REPORT - OCTOBF.R, 1985 L. SHAUGHNESSY DAKOTA COUNTY STATE BANK Checking Account Savings Account C.D. Due Savings Cert. 3-26-86 @ 8.2% Collateral - bonds $200,000 Gov't. Guar. 100,000 CHEROKEE STATE BANK C.D. Due 1-7-86 @ 6.787 300,000.00 C.D. due 2-1-86 @ 7.647 125,000.00 Savings. Cert. 9-3-85@ 8.7. 13,952.59 TOTAL 438,952.59 Collateral - bonds 1,500,000 Gov't. Guar. 100,000 U.S. TREASURY BILLS Due 3-20-86 $690,000 (AM) (10.60) 12-12-85 300,000 (lst) (9.85) 1-31-86 SS0,000 Collateral - bonds Gov't. Guar. MINNESOTA STATE BANK C.D. Due Collateral, Gov't. Guar. MINNESOTA FEDERAL SAVINGS & LOAN FIRST NATIONAL BANK OF ST. PAUL C.D. Due Collateral - bonds Gov't. Guar. Repo. BALANCE $ 224,245.58 398.24 25,000.00 $ 249,643.82 $625,884.43 294,555.17 540,268.06 TOTAL FUND AVAILABLE: $2,149,304.07 COLLATERAL $ 300,000 1,600,000 .;a;. Ml:N[�U'i'A 11l: I Gtt'2'S t� f lif: 1}t:l'A}<'i't•S!•:tJ'1' -- t�fON`i'iiLY iti:5'C)R'i' Fire Cal1s Na. $�"l�-� Thcu�5-�$2 Nurnbcr of Czlls�'7 Month �f Oct.'85 �, j FIRE ALARMS DISPATCIi1,D TXPE NO. STRUCTURE CONTENTS MISC. TQTALS TQ DATF. � 2 ' 2$9d Commercial 3 22,800 Residen�ia�l ' � 7365 Vehic2e Fires 0 Coc�tract Fires{All} Vehicle Accidents 4 $ 600 S $ Monthl Loss To�als Men Ht s Rescue �no fire) 2 Al1 Pires All Areas $ 33,055 .� Grass, Brush&No Va�1u� 2 Men Hgts anly StructJContents 2S�6g0 � False Alarm Criminal ''` Men Hgts Onl.y Miscellar�eaus 7r��� False " 1'' Commercial 1 Men Hgts Total Loss to Date S 32,455 False " Residencial 1 13ILLING FOR SERVIGES Gaod Inten�Cal3.s Haze�rdous Situatian " 2� �Q���'Y 'This Month To Date TOTAL CALLS �� Mn:DOT ���. • LOCATZON C?F FZRE ALARMS To i?ate Last Yr. Milw RR Mendota Heigh�s 17 15$ 116 C1VW RR � Mendota � t+ 7 Others Sunfish Lake 11 3 � T�TA LS S S Lilydale �� 1.6 Other � t�, 3 F IRE MARSHAL � S TIM� FOR MONT�i TOTAL , 17 lg2 145 Inspectians 22 � itORK P::RF4RMED Hours Ta Date Last Yr. Investigations Fire Calls 349 2919 2970 R�inspec�ion Meetings 32 333 303 , .� Dr3.11s 76 572 � 616 Meetings , �_� �. Neekly Clean-Up •44 451 225 Drilla, Training � Special Traininq 42 582 324 A�������.$���n 50 Ad�inistrative ,�„� 455,_,. 276 � Total $3 Fire Marshal g3 215* 399 *since 8-1-$5 'I'C)'t'iil,S ____�� _ 5527 5113 __ (t��m�lzk:c : ;�c�c� o�h��r �.i�i�s oE Li7i. � ,ll�<� l' 1 c�C mqnCh 1 y s J ryop.� 1..� . M ' . SYNOPSIS OF M4NTHLY RUNS The deparGment res�onded to 17 calls during the monCh oL- Uctober. Of the 17 calls, only ane resulCed in a fire 1oss. Tt�is was an �ctaber 3 at 6.35 P.M. The department responded and Eaund thaC a grease fire had started in tl7e sCave/ grilling area. The fire was extinguished immediately with a iire extinguisher. �amage was estimated at $600. The department was also called to �our vehicle accidents and two pre-Halloween fires at the bonfire site. SXNOPSIS QF MONTHLY TRAINING The department training was spent drilling with the use of Che fire extinguisher � This was a very good drill that everyane seemed to enjay and 1e<�rn from. R�scue drill was used �o familiarize people with the newly purchased equipmenC. OTHER NEtJS in October the department hel.d its first annual fire prevention week Open Hause. tde had quite a few residents come to the statian. We had faur separate �. areas for activity. These areas were: � ].. The proper use of fire extinguist�►ers with live demonstraCions. 2. How to prevent fires in the kitchen. 3. A fire preventa.on movie for Che children. 4. A picture display. The apen hause was a success and we hape to make it better next year, , '`�'a FIRE DEPARTM�NT • ' MON1'ltLY WUftK � i'EKl'tlItMANC�: Montn (�.'%-o8p/, 1985 � Ca].ls for Pire E'ire Per- Clean Month-� ��us. C�ff�r Spe�. Oth�r Othe •. Moctth Ca115 Calls cent Mcrt M�c:t Urill Act' Act' Ye�x Tota� Att'd Att'd Att'd U� � plrill �hg ing �'"�P� P�Me P�n�,,. �' ta Date _!8"Z. Mo�.th Year Year Hrs Hrs 2 Hrs I llrs � Ilrg y.. Hrs Z Hrs�- Les�Y Nogck. Chie Iln lay �a8 XXX X� X 1( .--�$ A�mi � � John Maczka+ ,Asst 1 { , `� �- 5) � X �j �' � . Asat. �� � . i.L • �.. { " ��gt. Jamie •Lerbs _ ..�?- _ �.L X r k ' Paul DreeiAn •• `fi 8 S X � ' � Mike Caonan ' (n � 5 .36 X i Gard Sk'erven 4'Z $3 �'!v ` X X I Ed A�rian i� a X x X : � Pat Kni ht 8 ___$_� � J( ' i . ; Allen Valencou 5 -- ' , � ; Daniel Berrett � -- � X ' � ' Marc Connoll �j�_ 3 �_ i� _._..�.�_...._....� , : �,z. r �-_, .-� : 13 � ; - ._ ' .- �'„' � Y ; I � /` �� � Steve Carlsan (,3 � � � I wi l o � S` � I Gear e Low�#' ' i o3 ' ){X � X �, -•- • e rnnas g 3 p .— : r ; . � .. Pete Vi ].ar 12� ' t — -- � li ' '� — ' __ ' _..,..' }...� _�.. . �7?tr.�ef�.S. 4 X ' � � } . • r-�enxg�Ncaack.. Ca . X___...__;._.3% ' ........ _ i � _['.�rw 1�i Nw 1 aop 8 9 . �'i ,w il. � I� � ;:. �� 9 s" ' Sa: —�► . � � �, i 'ts ✓$ � X ' ' /� 1l � . ack Jr. .1�!.� p. _.+._. 7 ! X �--- - ---• � --- - s . . ._ . . �. Ted Husnik_.._. � "?? 4 -a �...,.— X X _ � � . , ; ' Mi.ke Maczko � ' Q �t � „ ,i �( i ' ; ; . �, . : _ : ` ; ; : � ` � ' � Capi. Ken Noack y ' ' � 1 . � Tom Weinzettel S 3 ' � . � m Olund , y • , � �-. � `i � �( _ _,._ X� � ' _`. , � �' Ll.L dkk0 i ti'3� ` � X ' � �' ' Jim tcilbur � I b2- 5 � X i � � �'" � • � ith Stein l � tC • C '' Rand McNama�n � _ � f ric c : i � D .� �• - !' , ' . .... .._ _._ . _ ; . # - - _ _ ,._„ . �. �� � �"' '� � Total Atte�ded a�. .._ a��_. ��S 4 y ,.. - �c�-•--••- —:��-- f •� __, Tot. Man Hours ,�_ ... 58 - :�g_ J.._..__ a$ I � `' •� � T - M L M s��_Y�. C en s _:,' $=2� - - _.. .�. :� , ' Avez.MenPe Ru � " ��',�._._._ �`"!� ._.._ -- � - ;: Aver.x_�o�c.�e _�`�q.37 `I ,� _.._.___5�::oa_.._..___ _...___.._�_...._.._.___.�,__._. _ , . . : , . 3-� �,r�. � 0 PLANNING REPORT CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: 85-30 Northland Land Company Southeasterly Corner of Northland Drive and Pilot Knob Road (see sketch) Division of Lot 1. The property in question consists of 187,308 square feet, which equals 4.3 acres. The purpose of the division is to create a site for the construction of a Marriott Hotel (see application 85-30A). The site will consist of Lot 2 plus the westerly 72.8 feet of Lot 3. The attached sketch indicates the location of Lots l, 2, and 3 as originally platted at the southeast corner of Northland Drive and Pilot Knob Road. Obviously, the purpose of the lot division is simply to create and slightly larger lot to accommodate the proposed motel. Lot 2, as originally platted, was proved to be slightly smaller than is necessary to accommodate the proposed motel facility. 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M.,� . . , . pp : .� . ,. ,+`�� ', �n+ , ! • � .. • te, .� � �1 , • � I 60099-009 nawibur' ,1 ,W COPPERFIELD KNOW ALL MEN BY THESE PRESENTS: That Copperfield Associates, a Minnesota general partnership, fee owner of the following described property situated in the County of Dakota, State of Minnesota, to wit: That part of the Northeast Quarter of Section 36, Township 28 North, Range 23 West of the 4th Principal Meridian, which lies northerly of a line described as follows: Beginning at a point on the east line of said Northeast Quarter distant 1813.00 feet north from the southeast corner of said Northeast Quarter; thence westerly, to a point on the west line of said Northeast Quarter distant 1483.00 feet north from the southwest corner of said Northeast Quarter and said line there terminating. EXCEPT the north 330.00 feet of the east 800.00 feet of the Northeast Quarter of said Section 36. Also EXCEPT that part of the Northeast Quarter of said Section 36 described as follows: Beginning at a point on the east line of said Northeast Quarter distant 330.00 feet south from the northeast corner of said Northeast Quarter; thence westerly, parallel with the north line of said Northeast Quarter, a distance of 800.00 feet; thence southerly, parallel with said east line a distance of 594.20 feet; thence northeasterly, to a point on the east line of said Northeast Quarter distant 495.00 feet southerly from the point of beginning; thence northerly, along said east line, a distance of 495 feet to the point of beginning. That part of Outlot A, DELAWARE CROSSING, according to the recorded plat thereof which lies northerly of the following described line and its westerly extension: Beginning at a point on the east line of the Northeast Quarter of Section 36, Township 28 North, Range 23 West of the 4th Principal Meridian distant 1813.00 feet north from the southeast corner of said Northeast Quarter; thence westerly, to a point on the west line of said Northeast Quarter distant 1483.00 feet north from the southwest corner of said Northeast Quarter and said line there terminating. Have caused the same to be surveyed and platted as COPPERFIELD and do hereby donate and dedicate to the public for public use forever the circle, the court, the drives, the lane, the roads, the park and the easements for drainage and utility purposes and drainage purposes as shown on the plat. In witness whereof said Copperfield Associates, a Minnesota general partnership, has caused these presents to be signed by the proper officer of Tandem Corporation, a Minnesota corporation, a partner, this day of 19____, and by the proper officer of Lyman Lumber Company, a Minnesota corporation, a partner this day of 19 SIGNED: COPPERFIELD ASSOCIATES By: Tandem Corporation, a partner By Richard A. Putnam By: Lyman Lumber Company, a partner , vice president By , assistant vice president Stephen T. Ryan STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 19_, by Richard A. Putnam, vice president of Tandem Corporation, a Minnesota corporation, a partner of Copperfield Associates, a Minnesota general partnership, on behalf of the partnership. Notary Public, Hennepin County, Minnesota My Commission Expires STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 19____, by Stephen T. Ryan, assistant vice president of Lyman Lumber Company, a Minnesota corporation, a partner of Copperfield Associates, a Minnesota general partnership, on behalf of the partnership. Notary Public, Hennepin County, Minnesota My Commission Expires I hereby certify that I have surveyed and platted the property described on this plat as COPPERFIELD; that this plat is a correct representation of the survey; that all distances are correctly shown on the plat in feet and hundredths of a foot; that all monuments have been correctly placed in the ground as shown; and that the outside boundary lines are correctly designated on the plat. Theodore D. Kemna Land Surveyor, Minn. License No. 17006 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this Theodore D. Kemna, Land Surveyor, Minn. License No. 17006. We do hereby certify that on the approved this plat. day of , 19 _ by David B. Toenies Notary Public, Hennepin County, Minnesota My Commission Expires January 23, 1991 day of , 19 _ , the City Council of Mendota Heights, Minnesota, Mayor , Clerk Pursuant to Chapter 212, Laws of Minnesota, 1973, this plat has been approved this day of , 19 Bernard H. Larson Dakota County Surveyor I hereby certify that the taxes for the year 19 for the land described on this plat as COPPERFIELD have been paid on this day of , 19 No delinquent taxes due and transfer entered this County Treasurer, Dakota County, Minnesota day of , 19 Dakota County Auditor Document Number I hereby certify that this instrument was filed in the office of the County Recorder for record on this day of , 19 , at o'clock M , and was duly recorded in Book of on page SCHOELL & MADSON, INC. ENGINEERS & SUAVE YORS County Recorder, Dakota County, Minnesota PRELIMINARY COP',; SHEET I OF 3 SHEETS 60099-009 N co MATCH LINE (See Sheet 3) 0 S6°19'58 "W 112.84_. MATCH LINE (See Sheer 3) 0 252.42 �_N D, N 03 150.99 S0°35'45 "E (-souTti �\ 150.99_ ____J N0°35'45"W /50.99 30.00 `_...._. 30 00' No°35'45" 80.54 I .. c.-177 61 -..1(0 54 �I L.19 4-14 O O 0 U) L 100.00 1 1 N I U)I 1 100.00 _ _1 I 13 `. N to °' m IN /00.00 2 TREE 2111. c:2;7:68_ 91.53 L79 LE -2 X8.9 \ I =6112°p6 \ NW corner or the An:. of Sec. 36, T28, R.23 (Dakofo Co. Mon.) 1 96.00 752.06 N0°24'56"W - 880.22 n. COPPERFIELD E line or the N11/4 and if J line of fhe NE1/4 of Sec. 36 o Denotes 1/2 -inch x 14 -inch set- iron pipe marked by license No. 17006 The north line of The Aleki or Sec. 36, T 28, P.23 has on assumed bearing of S89°2415"b✓ .- s d:q 585•26 C_165.05 0p Q°950.00 SCHOELL & M A D S O N, ENGINEERS & SUR V 60 30 SCALE IN 60 120 FEET Drainage and utility easements are shown thus: f 1 r--5 Being 5 feet in width, unless other- wise indicated, and adjoining lot lines and being 10 feet in width, unless otherwise indicated, and adjoining right-of-way tines, as shown on the map. —1083-15 NO°24'56"W -' SE corner or fhe NA% and SW corner of fhe NE corner of Sec. 36 RELIMIHARY COP" INC. EYORS SHEET 2 OF 3 SHEETS 60099-009 N line or NC%4 0{, Sec. 361 355.77. r 9700: 589'24'/5"W 1857 79 - 645.21 r %45.00 `\ 2/0.77 ITh OUTLbT B 1 \ \ 41.93 Z. \ ry0 2L6 to \ N35°t139'1�i`..- /, .G°kA� z\ R' I \- 6 / 1 No\ t I6 p �/ 20' XO 2 0 orz0 01k m \2Oo .6 X000/$ D" 'al j 15 w� � \\ licit AO AS Sri, \Q 1 \ \ 0=63°/048 // \` \� I 2 \....5_1626,6,, / Nye ,G ,.#:, i C=154•84 L'0 148' I D R 1fp.52•_111__ 134.57 r__ ----r2. 110.08 54" ' i 1 / I i I I 01 N\ /'%O° 1 13I �I �/O/O I'n ' �i i� V'.�1 < 3 ,43.1 to ' y / i 40.00 <:. (12.75 2/2.25 .\ -1 to �.N. \\,S I I / 7 / N N3 @S I I q� hq i/`/6 ^VI ...,6.1„, \ 26'' 1 1 4=540 j %, \ it, 10( //\ 2 c, 4,\\\ b•c- 1 R -60.00 -ems \17,.."" ,\ L..I C/ GJ c:'. pc 0$2 er_ 01) sr 01(91* �rL C'A s a j /���` / /'' Ps -. I I oDt� O ..moo // / 2 0� //O0 /' ;17c.5 ' � 2� *co 0 m (\ � 7 // X20 (b4 179'0^ / / 3 I 7 \ ,ry/ \ 13 ;3 / / ,yLryO o° Ni; / p 00 , �, e::;aR? / / mac' `° h ! ° / /96° Da, • °� ��R 9s90 o o?s, / / 4 0 p°,%t` / /h�a �i / / O,o,,, O O, // I / /' �Dc 4s3-)oSek'c- , Qg3 89 1 01 ` �C: 036, / / Co' ae e� ea\2 Q` /90 ......136. �I C'37 C ..----90 T7, I0 O 01\z/ % / O VS, �\ ggo 00 ��� / 0 op• s 4 �� 00 3000 ; a{ 't;37 2•4 ISO / //O\ / /�C\ 656 rol-----C:5)* C. 1 z / /o�S 6 ///' °t/yes -i ... c�� S': I ...J / /hot / / Os45" r r -� --__.t.,„ 4j4 3 //S / y l I 0;9823 6 RF� l// / O°/ /(J�' 00 hC / / ' 045„ - CO (/ G. t) 0\9 00 ino'� l l 6 pO ' ^ \ 3 `/ /o t� H 1 / o�•e s� / /Oh 0 4 / 4 / I //6OS ^/r .�4 / / 1 ...3 /// 1 06 Se rye �°/ iot ping' () 1//,Ne, O 33.03 I CIr1e y / /� ‘h.^ mace \ /2 5 III o sourH 0/9 o .. % / 0. 4� 0);( // /0(11 06 oo / 1 / / 0 020 h° \6/ / huh` o0 00� \/ N i / / coI oW\ \ 0\- ���\ \\ 0119 co 0 R A D 4p -- JI -566.31 - L>j40.- C5145.30 -21°O7'„ .31 5y0\x' q1S1813C p93661A:18°43'54" =21°07' 26' _ r-IB5 �.� O 0 0 0 O O _N` 1 Drainage E'asemenht: 470.83 ..... • 1868.15 - •N_ 582°191°9"W 0 SCHOELL & M A D S O N INC. ENGINEERS & SUR \I E Y O R S 800.03 - 800.00 - m m 6 0 N 0 0 0 Cn - NE corner or the NEI/4 of Sec. 36, T 28, P-23 (Dakota Co. Mon.) 60 30 0 SCALE IN 60 120 FEET Drainage and utility easements are shown thus: 3 t i r-5 r--5 Being 5 feet in width, unless other- wise indicated, and adjoining lot lines and being 10 feet in width, unless otherwise indicated, and adjoining right-of-way lines, as shown on the map. o Deno/es 1/2 -inch x 14 -inch ser iron pipe marked by license No. 17006 The noriA line Of fie NC1/4 of Sec 36, T28, Q.23 has on assumed bearing of 589°2475"W RV se -corner of /he NE1/4 of Sec. 36, T 28, P.23 (Dakota Co. Mon.) COPPERFIELD SHEET 3 OF 3 SHEETS ()//13 58.2..27 3.2 w Gini) S grayly W 21/ 68 BOUNDARY SURVEY ROGER F RILEY M I a -6° /\ 30 o' £594'' .2055'2 5 6.6°57:3.2"W (-o53S o/.t) PAUL R. McLAGAN & SON 213 Dakota Avenue WEST ST. PAUL, NINN. 55110. Minnetota Repiaered I an.l Son -event fart .1 O.. 112\859.2 to be vi Orted—.7 9 37/5 o p4_ o of o° ESP,' / 4 b< �.n/ht oil .. to Men doll Nevi is cc ; I� 1 — Yr" Jan ;r/Y:10 - —� . ,.,0.. 250 L1 M& yo. ov - 1 N at O 0 2 30 -- 6 0 San. Se... er F C t SCO/e Parcel Surveyed Lot 8, Block 2, IVY FALLS WEST ADDITION, according to the recorded plat thereof on file in the office of the County Recorder, Dakota County, Minnesota. Portion of Easement Document #28542 to be Vacated by City of Mendota Heights That part of the following described parcel: A thirty (30) foot strip of land lying immediately adjacent to and Northerly of the following described line: Beginning at the Southeast corner of Lot seven (7), Vandall's Outlots, Dakota County, Minnesota, thence West along the South line of said Lot seven (7), a distance of 475 feet, thence termi- nating, lying within Lot 8, Block 2, IVY FALLS WEST ADDITION, according to the recorded plat thereof on file in the office of the County Recorder, Dakota County, Minnesota. That file (incl' =e2O feet --- E"y Proposed Utility Easement to be Granted to the City of Mendota Heights to Replace that part of Document #28542 to be Vacated part of Lot 8, Block 2, IVY FALLS WEST ADDITION, according to the recorded plat thereof on in the office of the County Recorder, Dakota County, Minnesota, described as follows: Beginning at the southeast corner of said Lot 8; thence westerly along the south line of said Lot 8 a distance of 40.00 feet; thence northerly, deflecting to the right 90°00'00" a distance of 20.00 feet; thence easterly, parallel with said south line 37.15 feet to the east line of said Lot 8; thence southeasterly, along said east line 20.20 feet to the point of beginning and there terminating. I hereby certify to Title Insurance Company of Minnesota that this is a correct survey of the parcel described hereon and shows the location of those easements referred to in that Commitment For Title Insurance issued by Title Insurance Company of Minnesota, dated August 29, 1985 (Application No. 24513) (except for Doc. #73434 which was not provided to me by Dakota County Abstract Co.), all buildings and structures visible on said parcel; that there are no visible encroachments onto adjoining properties, streets, or alleys by any of said buildings or structures, that there are no visible right-of-ways or easements on said described parcel other than shown or noted hereon; that there are no party walls or visible encroachments on said described parcel by buildings, structures, or other improvements situated on adjoining property except as shown on said plat of survey. 6. 447 Paul JGinley, Land Surveyor Minn.' Registration No. 16099 FIRST y-293, 'of Lor?--- (jsed Via.. intent .f des«iptt.. ---399.38--- 9/528--- AV E. So Line Lot 7 Vnda//i Ovf/ots (per Ivy A//s West Add t..a 97500 ----- SE Cor Lot 7 ✓ane%//s Oot/ots (per Ivy Fa//. West Add) Date:/YOPPIr,Uer o Indicates iron found, Reg. No. 9018 •Indicates iron found, Reg. No. 3959 I ht reby certify that this survey, plan, or report wa! prepared by me or under my direct supers visi )n and that I am a duly Registered Land Surieyor under the laws of the State of Minne• sot,. o Dat: A/o r. /YIPS Rea. No /6 off \ \ 'c,d I 00 Z D { c L / / / / / A''&oc. PZ-oroe 1, jai rat rt 4r4 ° rrah' = COMMISSION NO. REVISION DRAWN CHECKED t Y DATE I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Regis- tered Architect under the laws of the State of Minnesota. Date Registration No / / / / / / / / 17— /" 1 / // / / // // / / / / I YOUNG & WILZ ARCHITECTS, Ltd. 119 NORTH 4th STREET/SUITE 409 MINNEAPOLIS, MN 55401 "J'S 9101. 1"1008a38 Z -• W V 'tea 0-4c 9Qz r 1171 2 W m r 0 O 33 v m D 33 z G) 00 r v z 0) ONINBVd 30V89 MO138 co D w I D W r a CO CO co 03 03 03 -I CD 0 (D G) N CD 0 0 W 03 D CO 03 03 03 r a 1 Co O 0 O 0 0 U " .„\\e\) 0 r co 3 wooipeg 03 CDa O O 3 1 COMMISSION NO. REVISION 03 Po C) 0 DRAWN CHECKED DATE D 03 03 co ml 03 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Regis- tered Architect under the laws of the State of Minnesota. Date Registration No. Cl) r -► a W 03 l 03 D O v O 0 r 0 li wooapa8 YOUNG & WILZ ARCHITECTS, Ltd. 119 NORTH 4th STREET/SUITE 409 MINNEAPOLIS, MN 55401 03 0 O MENDOTA HEIGHTS ASSOC. 1324€ It 0 H r1 LJ H II Fl H iH --- r LI In N H I l H H H F 1 -II O m 7 a H E I P H H HID Pi i r 1-H f=-1 H H H ll �I COMMISSION NO. REVISION DRAWN CHECKED DATE // C I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Regis- tered Architect under the laws of the State of Minnesota. Date Registration No. Er E a E E H -11- L ! r Ci R Li crn HF 0i H B J YOUNG & WILZ ARCHITECTS, Ltd. 119 NORTH 4th STREET/SUITE 409 MINNEAPOLIS, MN 55401 MENDOTA HEIGHTS ASSOC. COMMISSION NO. REVISION DRAWN CHECKED DATE HOII, v\Tr 0 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Regis- tered Architect under the laws of the State of Minnesota. Date Registration No 4c;i1vn1l ti -Hot --1 0 U 71.1 t` YOUNG & WILZ ARCHITECTS, Ltd. 119 NORTH 4th STREET/SUITE 409 MINNEAPOLIS, MN 55401 MENDOTA HEIGHTS ASSOC.