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1984-08-07CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA AUGUST 7, 1984, 7:30 P.M. 1. Call to Order. - 7.3 � 2. Roll Call. — 3. Adoption of Agenda. 4. Approval of Minutes, July 10, 1984. - /¢ 5. Consent Calendar: - A MR 7. 8. a. Acknowledgement of July 24 Planning Commission minutes. b. Acknowledgement of Code Enforcement Monthly Report for July. c. Acknowledgement of memo on Request for Change of Cars for Building Inspection. d. Acknowledgement of memo on Revenue Sharing Hearing. e. Acknowledgement of memo on Albert Hanson Agreement. f. Acknowledgement of letter from F.E.M.A. g. Acknowledgement of memo to Metropolitan Council Chair re: Airport Noise Contours. h. Approval of the List of Claims. i. Approval of the List of Contractors licenses. j. Approval of Beer License for St. Peter's Church. k. Memo on Chippewa Avenue M.S.A. Study. End of Consent Calendar. � Public Comments. moo.. 4j-) s3 s' � - opIc Hearings, Bid Openings and Awards: a. Case No. 84-04, Clapp-Thomssen/Ivy Hill -- Hearing on application.for Con4itigjial Use Perini for Planned Unit Development. 7.45 P M. Unf inished and N?w-- B�usiness: a. Case No. 84-13, Smookler -- Application for Wetlands Permit. b. Memo on Volunteer Firefighter Appointment. — August 7, 1984 Agenda Page 2 c. Memo on Organized Der unt. ep esentative will be present). d. Memo on Ext i of T ans o Drive. — •�— 1 _ ,gam �t�% � p 4 , e. Memo on Proposed 0 din?n- e Pr habitingUse of arbecues in Multiple Dwellings. — t441 ;/ � f. Memo on Meter for Utility Dept. — g. Memo on Cray Research Storm Water Problem. h. Memo on yenceSh,4ughnessy Agreement. i. memo and proposed_ resolution for Kingsley Estates assessment roll. G�-t�V�►/ v- F: 00I,.ti. — g' Y j. Memo and proposed r6soluti6n re: Water Rate Disputes. — A k. Memo on Airport Noise Resolution. — 1. Collsidgration of Adoption of Proposed Liquor Ordinance. ;? O r-A-1�1, IY0 3- M, A 11,.44 . cel , D/(� "e",/ Council Comments and Requests. �?r CITY OF MENDOTA HEIGHTS MEMO August 7, 1984 TO: Mayor and City Council FROM: Kevin D. Frazell, City Administrator RE: Add -On Agenda for Meeting of August 7, 1984 Three items, 51, 8dk, and 8m, are recommended for addition to this evening's agenda. Additional information is provided for Item 81. 3. Adoption of Agenda It is recommended that Council adopt the agenda with the addition of items 51 - Notice of canvassing by the Minnesota Public Interest Research Group, 8&� - Petition for feasibility report, and 8m - Donation of computer to Police Department. 51. Canvassing by Minnesota Public Interest Research Group (MPIRG) Attached is a letter from MPIRG advising of upcoming canvassing in Mendota Heights. As the City does not license this type of activity the item is purely informational. 8d11j. Petition for feasibility--report.:on Gould property Staff has been advised of a potential development on the "Gould" property, just west of the SNB headquarters. At the writing of this add-on agenda, it is uncertain whether the developer will be before the Council to request a feasibility report for public improvements. I will advise Council at the time of adoption of the agenda. 81. Liquor Ordinance Attached is a memo from City Clerk, Kathy Swanson, describing a recommended change in proposed Ordinance No. 209, the liquor ordinance, and recommending adoption of Ordinance No. 208, which would repeal the existiAg Ordinance No. 1403 regulating liquor. 8m, '.Consider_ acceptance of computer for Police Department Attached is a memo from Police Chief, Dennis Delmont, regarding the offer of Schaak Electronics to donate an Apple "Macintosh" to the Police Department. Additional Information Also attached (but not included as agenda items) are letters of information. The first is from AMM President, Ron Backes, describing current activities and projects of the Association. The second is notice of, and invitiation to, the Annual South Area Town Meeting sponsored by area Chambers of Commerce. If any of you want to be registered, please let me know. ' d Xfi�4P/R 8/1/84 City of Mendota Heights, - Minnesota Public Interest Research Group 2412 University Avenue Southeast Minneapolis, Minnesota 55414 (612) 376-7554 The Minnesota Public Interest Research Group (MPIRG) has been in Minnesota since 1971. MPIRG is a student based, non-profit, non- partisan group that works on such issues as consumer and environmental protection, utility rate reform, energy conservation and renewables, students' rights and financial aid, women's rights, and civil rights. Our professional staff lobbies at the state capitol, litigates in our courts, and intervenes when the state makes major environmental and energy decisions. This is the third year that we will be canvassing in Mendota Heights. Basically canvassing entails going door-to-door in residential neighborhoods, talking to people about the issue work we do, and then asking people to financially support the organization. We will be canvassing in Mendota Heights from August 6 through August 31, 1984. We canvass weekdays from 4:00-9:00 PM and on Saturdays from 11:00-6:00 PM. Enclosed are names of MPIRG canvassers and proof of non-profit status. If you have any questions, please call me at 376-7554. Thank you for your consideration. Sincerely, Scott Adams Canvass Director Enc. ame.MPIRG OFEUM 7/25/84 Minnesota Public Interest Research Group LIST OF MPIRG CANVASSERS 'v?u,a�;it)uiis 1,?vrlesota 55414 :6i2) 376-755-4 Scott Adams 3142 10th Av S, Mpls 825-6637 Carol Atchison 5944 11th Av s, Mpls 866-3249 Tony Andersen 1965 Wellesley Av, Paul 698-3052 G } 1-1 i R9"T"'72t-�9 c .,. `..... TS�t 7-4-8 tTSi t �t t�%7—Co-ir-�ul �"� —29 1-4054— ^l n c A_David David Bogenschultz 2304 Harriet Av S, Mpls 874-6668 Merrill Boone 385 Portland, St Paul 224-7894 e s 8�5 a6 6 -5 4 Brad Burgstahler UMM, Morris MN -- NA Matthew Coulbeck 385 Portland, St Paul 224=7894 Greg Dowd 2253 Skillman, N St Paul 770-3039 n Doug France 1504 E 26th St, Mpls 724-8004 Logan Frederick �. 518 Ontario St SE, Mpls 379-9639 ,A-11 .. c L Gerald Haley . , 3300 Girard Av S, #6, Mpls 825-7529 Anne Mavitv 111 West 52nd St, Mpls 824-4208 Dan McCarthy 3945 W 49th St, Mpls 922-8829 Tim Moore 315 19th Av SE, Mpls 331-9297 Darrick Perteet 3120 Hennepin Av S, Mpls 827-7055 Beth Peterson 520 N 9th ST, Montivideo MN 644-4110 Cyndi Powell 220 E 19th St #106, Mpls 872-7729 p h 4 -415 F -re men t--Av S, -Mp 4 s 8 2 7-�-3 0� Karen Reese 908 E 21 St,,Mpls 871-9355 Roger Rosko 415 W Lake St, Mpls 823-0143 Terrence Ryan 1945 Oakdale Av #316, W St Paul 451-9778 Gary Staupe 1829 Riverside Av S, Mpls A - NA James Pat Tonsager 406 11th Av Se, Mpls NA 16 s CITY OF MENDOTA HEIGHTS *1014[x] August 7, 1984 TO: Mayor, City Council, City Admi,4istrator FROM: Kathleen M. Swanson City Clerk a ;,tiS'UBJECT: Liquor Ordinance 1 v The proposed liquor ordinance has been re -drafted since the last Council discussion on the issue and was included in your agenda packets. In response to concerns expressed by Chief Delmont, Tom Hart prepared a revision to Section 9.4. The new section is included in the attached new page (which should replace the page in your current copy). All of the revisions discussed by the Council in July have been incorporated into the final draft copy. Recommendation I recommend that Council adopt the attached ordinance to repeal the existing municipal liquor provisions along with adoption of the proposed liquor ordinance including the revised Section 9.4. Action Required Council motions to: i 1. Adopt Ordinance No. 208, "An Ordinance Repealing Ordinance No. 1403;" 2. Adopt Ordinance No. 209, "An Ordinance Licensing and Regulating the Sale and Consumption of Intoxicating Liquor." LIQUOR ORDINANCE -10- 1""SECTION 9. PERSONS INELIGIBLE FOR LICENSE No license shall be granted to or held by any person: 9.1 Who is a minor. 9.2 Who is not of good moral character. 9.3 Who, if an individual, is not a citizen of the United States. 9.4 Who has been convicted, within fifteen (15) years prior to the application for such license, of any willful violation of any law of the United States, the State of Minnesota, or any other State or Territory, or of any local ordinance regarding: a.) the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor, otherwise involving dishonesty or moral turpitude, or b.) whose liquor license has been revoked for any willful viola- tion of any law or ordinance. 9.5 Who is a manufacturer or wholesaler of intoxicating liquor. No manufacturer or wholesaler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor. 9.6 Who is directly or indirectly interested in: 9.6(1) Any other establishment in the City to which an off -sale license has been issued under this Ordinance. No person shall own an interest, as defined in subsection 9.11 of this Ordinance in more than one establishment or business for which an off -sale license has been granted under this Ordinance. j 9.6(2) Two establishments in the City to which on -sale licenses have been issued under this Ordinance. No person shall own an interest, as defined in subsec- tion 9.11 of this section in more than two establishments or businesses for which on -sale licenses have been granted under this Ordinance. 9.7 Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. i' 9.8 Who is the spouse of a person ineligible for a license pursuant to the provi- sions of subsection 9.4, 9.5, or 9.6 of this Ordinance, or who, in the judg- ment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. i 9.9 No "On -Sale," "On -Sale" Wine, or "Off -Sale" license will be renewed if: 9.9(1) In the case of an individual, the licensee is not a resident of the metro- politan area at the time of the date for renewal or if the licensee has management responsibilities at any other establishment in the City to which a license has been granted under this Ordinance. i 9.9(2) In the case of a partnership, the partners who according to the partnership agreement are entitled to participate in the management and conduct of the business are not residents of the metropolitan area at the time of the date for renewal or if any such partner has management responsibilities at any I other establishment within the City to which a license has been granted under this Ordinance. CITY OF MENDOTA HEIGHTS ® L DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 1403 The City Council of the City of Mendota Heights, Minnesota, ordains as follows: SECTION 1. Ordinance No. 1403 entitled "An Ordinance Establishing a Municipal Liquor Store" is hereby repealed. SECTION 2. This Ordinance shall be in full force and effect from and after its publication according to law. Enacted by the City Council of the City of Mendota Heights this 19th day of June, 1984. CITY OF MENDOTA HEIGHTS By Robert G. Lockwood Mayor ATTEST: Kathleen M. Swanson City Clerk MEMORANDUM August 6, 1984 ,N- T0: Mayor, City Council, and City Ad nistrator FROM: Dennis J. Delmont, Chief of Police SUBJECT: Request to Accept Donation n�i_,I Tttroduction Electronics, Mendota Heights, has offered to donate an Apple "Macintosh" "''Computer System to the Police Department. History Electronic data processing has come to the forefront in the City with the purchase and use of two computer systems for the Administrative and Engineering Departments. In the meantime, the Police Department operates with an unreliable typewriter and a series of manual files that make the compilation of data extremely cumbersome. In addition, certain maintenance files are neglected because of the time required to extract any meaningful information from them. Tio—oo4nn In a recent meeting with.members of Schaak on an unrelated matter, the discussion turned to computers and their value. This discussion evolved into the generous offer stated above. The Macintosh System would do the following for us: 1. Eliminate the need to spend $1,300-$1,500 to replace the secretary's typewriter which has now outlived its usefulness. It would also' add sophisticated word processing capabilities that are not avail- able in a typewriter. 2. Provide a method for maintaining and extracting information for day to day and budgeting operations. In particular, a maintenance file that would give us a clear idea of our costs to operate vehicles, radios and other equipment. 3. Assist in the preparation of monthly and annual reports. 4. Maintenance of the growing Neighborhood Watch Program and assistance in the Newsletter for that program. Also preparation and storage of a mailing list for the program. 5. An introduction to the computer for the staff and members of the Police Department. This will prepare them for the time when the full Enfors or Posse System is purchased. Alternatives 1. Budget for the purchase of an electric typewriter for $1,300-$1,500. to replace the one new used by the department secretary. 2. Accept Schaak's offer to donate the Apple equipment. Recommendation Accept the offer made by Schaak Electronics and its representatives, Richard Schaak, Barbara Valencour and Fred Wilson. Action Required A resolution accepting the offer on behalf of the Police Department and thanking Schaak for their civic -minded generosity. - 2 - B U L L E T I N association of metropolitan municipalities I ," August 6, 1984 "TO: Mayors and Managers/Administrators . FROM: Rackes, AMM President RE: AMM AGENDA AND IMPORTANT ACTIVITIES STATUS 1. TRANSPORTATION ADVISORY BOARD (TAB) NOMINATIONS: The AMM has the responsibility for nominating the city elected officials (mayors or councilmembers) who represent the interests of metropolitan area cities on TAB. The TAB is a very important advisory and policy board with broad responsibility for transportation,planning and implementation within the 7-county area. The TAB normally meets the 3rd. Wednesday afternoon of each month in the Metropolitan Council Chambers. ACTION REQUESTED: The AMM Board of Directors is soliciting recommendations/volunteers to serve on TAB for two-year terms beginning October 1, 1984. Recommendations should be sent in writing to Vern Peterson in the AMM office by no later than Tuesday, August 28, 1984. 2. MEMBERSHIP SERVICES STUDY AND EVALUATION: Having recently completed ten (10) successful years of operation, the AMM Board feels that it is prudent and necessary to take a good look at all activities, programs, membership services and processes to determine what improvements or changes should be made to insure that member cities continue to get the most "bang for the buck" and that their needs are being met in the most efficient manner. While the AMM does have a proven track record of major accomplishments during its existence, the Board believes we must look to the future and not become complacent. Jim Spore, Burnsville City Manager, has agreed to Chair a I Membership Services Study Committee to manage this very important internal study and evaluation. ACTION REQUESTED: j Your input and advice is essential to make this evaluation meaningful and useful and I ask your cooperation as this effort gets underway. j 183 university avcnuc cast, st. paul, minnesota 55101 (612) 227-5600 -2- 3. MWCC - INDEPENDENT MANAGEMENT STUDY IN PROCESS: As called for by the AMM Board of Directors in March, the process for an independent management study of the internal operations and functions of the Metropolitan Waste Control Commission is underway. (The need for such a study was one of the major recommendations of the so called Boland Commission and the AMM Board threvits support behind this recommendation). . Members of the Board and Staff coordinated a major lobby effort to assure that this study became a reality and as suggested by the AMM, an independent Advisory Task Force consisting of representatives of the interested organizations and agencies was established to manage and monitor this study. The MWCC approved the RFP, developed by the Task Force, and proposals from the private sector are now being solicited. Proposals are to be submitted to the MWCC office by August 31, 1984 and the Advisory Task Force will meet in early September to review said proposals. While the AMM Board has been critical, at times, of the MWCC operations, we do commend the MWCC Commissioners and Staff for their decision to proceed with the study and to provide the funding. Three members of the AMM Board (Ron Backes, Jim Miller and Jim Spore) and Vern Peterson, AMM Executive Director, are members of the Advisory Independent Management Study Task Force. We will keep you informed as this study progresses. 4. CABLE TV - REGIONAL CHANNEL SIX UPDATE: Through primarily AMM efforts, the State Cable Board has designated a working group to resolve issues concerning funding for channel 6, the controlling entity, and how the entity board of directors is to be appointed. Members of the working group include the AMM, the Metropolitan Council, MACTA (Minnesota Association Cable Television Administrators), the Joint Powers Interconnection Group, the State Cable Board, and various persons representing Cable Companies, potential channel six users, operators such as KTCA and private cable consultants. The State Cable Board received only two responses by its July 2, 1984 deadline for consideration as the entity to control the regional channel. One was a letter from the groups above requesting designation as a working/planning group and the second was a letter from KTCA expressing interest as the operator of channel 6 conditioned upon appropriate funds being made available. The Metropolitan Council choose to participate in the working group rather than make its own application. This group will begin meeting in mid August and provide recommendation by the end of the year. It is probable that legislation will be required, at least where funding is concerned. In the meantime, the AMM General Legislation Committee will be reviewing this issue and developing policy recommendations for the Board and Membership• 5. HOUSING GUIDE/POLICY PLAN REVISION: The Metropolitan Council is in the process of revising the Housing Guide Chapter of the Metropolitan Development Guide. Since the Council's Housing Policy has tended to be somewhat "sensitive" from a local government perspective, the AMM will monitor this process and proposed revisions very carefully. The AMM Housing Committee, Chaired by Bill Barnhart, has already provided preliminary input at a Metropolitan Council public meeting in July. It is expected that a public hearing for final adoption of the revised Housing Policy Plan will be held in early November. The AMM Housing Committee and Board of Directors will be working very closely with the Metropolitan Council during the next couple of mon,-`:. ACTION REQUESTED: If you would like to provide input through the AMM process, please contact Vern or Roger at the AMM Office. -3- 6. RECREATION OPEN SPACE DEVELOPMENT GUIDE/POLICY PLAN REVISION: The Metropolitan Council is in the process of revising the Open Space Development Guide. A series of informal hearings have been scheduled through August to receive input concerning the effectiveness of the current plan and discussion of an issues paper that has been distributed to all cities. The council will then prepare a formal plan revision for public hearing in November. The AMM Metropolitan Agencies Committee, Chaired by Jim Miller, will be reviewing the Issues Paper and current guide during August to respond to many concerns raised by the comments and questions. ACTION REQUESTED: If you would like to provide input through the AMM process, please contact Vern or Roger at the AMM Office. In addition to the foregoing, the AMM Legislative Policy Committees will be meet.i from now to November to develop a legislative policy program for the 1985-86 Legislative Biennium. Your input to the AMM's legislative policy process is always welcome and if the AMM can be of help to you or your city in anyway, pleas do not hesitate to contact our office. NOTE: This bulletin is being mailed to Mayors and Managers/Administrators. Iwolld appreciate it if you would share this information with your Councilmemberslas� well. Thank you. C)c dakota county chamber of commerce August 3, 1984 Our Chamber, along with the South St. Paul/Inver Grove Heights Chamber is planning the 20th Annual South Area town meeting. It will be held on Thursday, August 23, at the Southview Country Club, 293 E. Mendota Road, West St. Paul. A 6:00 p.m. social hour precedes the 7:00 p.m. dinner. The Chambers sponsor the Town Meeting to encourage area business peo and Federal, State, and local officials to become better acquainted. Since there is no formal program other than some introductions ample time is available to share ideas and renew acquaintances. Will you be able to allocate time from your schedule to join us? If so, would you please return the enclosed reservation form to assist us in our preparations. Thank you for your consideration. Yours very truly, Sam Shepard, President Dakota County Chamber of Commerce SS: db Enc. AN EQUAL OPPORTUNITY EMPLOYER 33 E. Wentworth • Suite 101 • West St. Paul, Minnesota 55118 • 457-4921 EAGAN • LILYDAI.E • MENDOTA 9 MENDOTA HEIGHTS 9 WEST ST. PAUL 40C IwAa4u4w SOUTH AREA OWN MEETINi REGISTRATION: 5:00 P.M. SOCIAL IIOLIR: 6:oo P.M. DINNER: 7:00 P.M. JW --Meet Public -policy Makers :-► Brief Informal Program �--� Prominent Guests 20 --►Excellent Dinner Thursday August 23 1984 14 R.S.V.P. by Aug. to SOUTHVIEW COUNTRY CLUB South Robert and Mendota Road West St. Paul, Minnesota CO-SPONSORED BY THE CHAMBERS OF COMMERCE OF South St. Paul -Inver Grove Heights and Dakota County INVOICE A, RESERVATION CARD SOUTHVIEW COUNTRY CLUB Please reserve_tickets at $1 6. These people will be attending: CHECK ENCLOSED NAME FIRM Return This Reservation Card And Your Check To South Area Town Meeting 217 livestock Exchange buildingam@ Mt or s BMT Wall, RT" AV@. -South St. Paul, Minnesota 35075 W25T ST. FAM. MIMNasoTA c CITY OF MENDOTA HEIGHTS MEMO T0: Mayor and City Council FROM: Kevin D. Frazell City Administrator July 27, 1984 SUBJECT: Resolution Requesting Metropolitan Council Participation in Resolving Water Rate Disputes Between the St. Paul Board of Water Commissioners and Suburban Communities. As most of you know, our contract with the St. Paul Board of Water Commissioners for retail service in Mendota Heights has expired. The cities of Maplewood and West St. Paul, who also receive water from St. Paul at retail, are operating without contracts. Historically, St. Paul has paced a 20% "surcharge" on suburban accounts. is The city of •Maplewood, in particular, feels strongly that this 20% surcharge is unjustified, and they have had numerous and on-going discussions with representatives of the Water Commissioners to try to resolve this problem. They have been unsuccessful in getting this matter resolved to their satisfaction. By the attached letter, you can see that Maplewood is requesting that the Metropolitan Council become involved in trying to resolve this problem, and they are requesting that West St. Paul and we also pass resolutions supporting Metropolitan Council intervention. As you know, the expiration of our retail contract with St. Paul has caused us to think again about whether we should get into the wholesale water business. Council has authorized the firm of Short-Elliott-Hendriksen to do a feasibility study on converting to wholesale, and the results of that study are due early this fall. Pending the outcome of that study, we have not pursued negotiations with St. Paul Water, although we did have a few preliminary discussions last winter, and like Maplewood, we found the St. Paul representatives unwilling to seriously discuss the 20% surcharge. As indicated above, Maplewood is for the Metropolitan Council to become attached for Council consideration. RECOMMENDATION: seeking our concurrence and our request involved. A proposed resolution is Although I think that most of us expect that we will be pursuing the alternative of wholesale water, we will most likely be buying that water from the St. Paul Water Commissioners, and therefore the issue of whether or not surcharges to the suburbs are equitable is of concern -to us. There is, of course, also the possibility that we will decide not to go wholesale. For - 2 - these reasons, it is my recommendation that we support the City of Maplewood in their request for Metropolitan Council involvement, by passing the attached resolution. ACTION REQUIRED: If Council concurs with my recommendation, it should pass a motion adopting the attached resolution. Respectfully ubmitted, Kevin D. Frazell City Administrator KDF:madlr attachments ,' 1 ^• + � ,V ' IIS CITY OF MAPLEWOOD 1350 FIZUSI' AX'1:NXE NIAPLENV001), 1IINNESU FA 55109 OFFICE OF CITY MANAGER 770-4525 July 24, 1984 0 Sandra Gardebrinq, Chair Metropolitan Council 300 Metro Square Building St. Paul, MN 55101 Dear Ms. Gardebring: Attached is a copy of a resolution passed by the Mayor and City Council at its meeting of July 23, 1984. This resolution requests the aid of the Metr000litan Council in the settlement of a water contract between the City of Maplewood and the St. Paul Board of Water Commissioners. Maplewood has been attempting to negotiate a new contract for over a year and a half, but has not been able to do so due to the refusal of the Board of Water Commissioners to discuss rates. The Cities of West St. Paul and Mendota Heights have similar problems, and you should receive similar resolutions from them. There appears to be no direct route of appeal from the St. Paul Board of Water Commissioners' unilateral decision, unless the courts are used. Rather than become involved in expensive litigation, the Mayor and Council are requesting that the Metropolitan Council become involved in what is a regional matter. They feel that precedent has been established when the City of St. Paul, without any.negotiation with several suburbs, requested the Metropolitan Council to charge the suburbs for storm water overflow. The Metropolitan Council did, in fact, do as St. Paul requested after several hearings. We feel that this case is similar except that we have attempted to negotiate. The Mayor and Council feel that a method of redress is now necessary, and that the Metropolitan Council is the most logical body to consider our appeal. Your attention to this will be appreciated. cc: Chuck Wiger Mayor & Council Thomas Hoban, West St. Paul Kevin Frazell, Mendota Heights BRE: 1nb a erely, Barry ans City nager 'Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota, was duly called and held in the Council Chambers in said City on the 23rd day of July, 1984, at 7:00 P.M. The following members were present: Mayor Greavu; Councilmembers Anderson, Maida and Wasiluk The following members were absent: Councilmember Bastian. Councilmember Wasiluk introduced the following resolution and moved its adoption: WHEREAS, the City of Maplewood has,been attempting to negotiate a contract with the St. Paul Board of Water Commissioners regarding water service to a majority of its residents for over one and one-half years'; and WHEREAS, the St. Paul Board of Water Commissioners has resolutely refused to discuss charges, but unilaterally has established a twenty percent surcharge on Maplewood residents; and WHEREAS, the St. Paul Board of Water Commissioners has, for all practical purposes, es- tablished a monopoly on water services to Maplewood residents served by its water supplies; and WHEREAS, it is the belief of the City of Maplewood that the twenty -percent surcharge is unjustified, and that Maplewood residents have other costs beyond the surcharge, which are paid for St. Paul residents out of their lower rates; and WHEREAS, the Cities of Mendota Heights and West St. Paul are also in contract negotiations with the St. Paul Board of Water Commissioners and face the same monopolistic situation; and WHEREAS, these cities have no course of action other then the courts to redress this :matter; NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood that the Metropolitan Council be hereby requested to intercede in the matter of a water contract between the City of Maplewood and the St. Paul Board of Water Commissioners in order that an equitable -solution to a regional problem can be reached. Srt Seconded by Councilmember Anderson. Ayes - all. STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Maplewood, `Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the 23rd day of July, 1984, with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to St. Paul Board of Commissioners. Witness my hand as such Clerk and the corporate seal of the City this 24th day of July, 1984. City Clerk City of Maplewood, Minnesota CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 84 - RESOLUTION REQUESTING METROPOLITAN COUNCIL REVIEW OF WATER RATES CHARGED BY THE ST. PAUL BOARD OF WATER COMMISSIONERS TO SUBURBAN CUSTOMERS WHEREAS, residents of the cities of Mendota Heights, West St. Paul and r =;x."Ma0.'Lewood purchase water at retail from the St. Paul Board of Water Commissioners; WHEREAS, the Board has historically charged a 20% surcharge to customers --outside the city limits of St.Paul; and WHEREAS, the three suburban communities are currently attempting to renew contracts for continued water service by St. Paul; and WHEREAS, none of those cities have received sufficient justification for the 20% surcharge; and further, no progress is being made between the Board and the suburban cities to resolve that concern. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that they join with the City of Maplewood in requesting that the Metro- politan Council involve itself as a third party in attempting to achieve an equitable solution to a regional problem. Adopted by the City Council of the City of Mendota Heights this Seventh day of August, 1984. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood Mayor IIS ATTEST: Kathleen M. Swanson City Clerk CITY' OF MENDOTA HEIGHTS _ DAKOTA COUNTY STATE OF MINNESOTA Page No. 2060 July 10, 1984 I i Minutes of the Regular Meeting Held Tuesday, July 10, 1984 Pursuant to due call and notice thereof, the regular meeting of the 1, City Council, City City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. The following members were present: Mayor Lockwood, Council Memberel Blesener, Hartmann, Mertensotto and Witt. ADOPTION OF Mayor Lockwood moved the adoption of the agenda for the AGENDA meeting. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF Mayor Lockwood moved approval of the minutes of the June!; MINUTES 19th meeting with corrections. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilman Hartmann moved approval of the minutes of the July 20th meeting with corrections. Councilwoman Plesener seconded the motion. Ayes: 5 Nays: 0 CONSENT Councilman Hartmann moved approval of the consent calen-I CALENDAR dar as submitted and recommended for approval as part of the meeting agenda, with the exception of Item e, Memo; on Industrial Revenue Bond Entitlement, along with auth-i orization for execution of all necessary documents con -i tained therein. a. Acknowledgement of the minutes of the May 23rd NDC -4, meeting. b. Acknowledgement of the minutes of the May 22nd Plan-, ning Commission meeting. C. Acknowledgement of the minutes of the June 26th Planning Commission meeting. d. Acknowledgement of a letter from Mn/DOT regarding the speed limit on T.H. 110. fle Ayes: 5 Nays: O Page No. 2061 July 10, 1984 Acknowledgement of the Engineering Status Report fo June. Acknowledgement of the Code Enforcement Monthly report for June. Acknowledgement of the second quarter financial operating statements. Acknowledgement of a memo from the League of Minnesota Cities regarding committee appointments. i. Adoption of Resolution No. 84-37, "RESOLUTION ACCEP- TING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 83, PROJECT NO. 5)," for Kingsley Estates Addi- tion improvements. j. Acknowledgement of a memo regarding the wholesale water study. k. Approval of the List of Claims dated July 10, 1984 and totalling 581,613.07. 1. Approval of the list of contractor licenses granting licenses to: Anderson and Keith Builders Deckworks Gamber Roofing Greg's Roofing Hanson Homes, In LeRoux Excavating Masters Construction Co. Parkos Construction Precision Craftsmen Rivard Masonry Peter G. Schlagel Spear/Friel Company W.J.T., Inc. General Contractor Lice._..e General Contractor License Roofing Contractor License General Contractor License General Contractor License Excavating License General Contractor License General Contractor License General Contractor License Masonry License Masonry License General Contractor License General Contractor License Mayor Lockwood seconded the motion. CHERRY HILLS Mr. Dave Trudeau and Mr. Adolphus Gaddy were present DRAINAGE regarding drainage problems in the Cherry Hills Second Addition. Mr. Trudeau stated that surface water from the undeveloped Wachtler property runs over back yards in the Cherry Hills Second Addition and into Mr.Gaddy'a Page No. 206.2 July 10, 1984 basement. Mr. Gaddy informed the Council that he has l' experienced the wet basement problem for eight years. Both property owners asked that the City study the prob-I lem to see whether something can be done to relieve the problem. After discussion, Council directed the City Engineer to investigate the situation and prepare a report and rec ommendation for consideration on August 7th. DRAINAGE Mr. Neil Ouehl, 1968 South Lane, stated that he also was present to discuss drainage probldms. He stated that he had appeared before the Council about three years ago to ask what could be done about the Warrior pond drainage problems. At that time, he was informed that the property was owned by the School District and that the District was considering selling the property. He asked', whether anything had been done with the property and; whether anything could be done to resolve the drainage problems. i Staff was directed to research the matter, to ask the' School District to take remedial action possibly, and tol make a report and recommendation to the Council on' August 7th. HEARING - Mayor Lockwood opened the meeting for the purpose of al COUNTRY DAY public hearing on an application from Ronald Ettinger; SCHOOL for a conditional use permit to operate a Country Day! School facility at 790 South Plaza Drive. Mr. and Mrs. Ettinger reviewed the proposed site plan for the property. Mr. Ettinger stated that they have received positive reactions from surrounding property owners to their proposal to convert the Victor Buildingi to a day school operation. He indicated that it is planned that 80 to 90 children will attend the programs at the facility. He indicated that there are no plans to change the parking lot and that the Dennison Company (800 South Plaza Drive) would like to share the parking; lot and green area. He indicated that the only exterior', change will be that some of the blacktopped area ins front of the building will be turned into a grass area.; He stated that neighbors in the abutting residential area south of the property have expressed a desire that the southern exposures of the property and structure be given a more residential character. He indicated that'. he proposes to install a black wrought -iron fence around the property and at some future time install) residential -type aiding on the aides of the existing 1, structure which are not currently brick -faced. Page 2063 July 10, 1984 Councilman Mertensotto expressed concern over safe access to the facility, given the very heavy traffic a the T.H. 110/149 intersection particularly during morning and evening rush hours. He also informed Mr. Ettinger of the difficult winter driving because of the grade at the South Plaza Drive/T.H. 149 intersection. Mr. Ettinger stated that of the total number of children who will be dropped off at the school, 35x to 40x will arrive between 8:45 and 9:00 A.M. and the balance will arrive randomly between 7:15 and 9:00 A.M. In response to a question from Mayor Lockwood regarding the fencing, Administrator Frazell stated that he felt that it was the rationale of the Planning Commission that normally there is no fencing around entire proper- ties in a business district and that wrought -iron fen- cing would be much more aesthetically pleasing than other types of fencing. Mayor Lockwood asked whether any consideration had been given to providing a safety barrier of some type along South Plaza Drive. Mr. Ettinger suggested that perhaps it would be a good idea to install a fence of green - treated boards and posts near Dr. Haimes' parking lot and along South Plaza Drive. He stated that the Country Day School currently operates facilities on South Vic- toria Road in Mendota Heights as well as at sites on St. Clair Avenue and Jefferson Avenue in St. Paul, and that green treated board/post fencing had been installed at one of the St. Paul sites. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Mayor Lockwood moved that the hearing be closed at 8:17 P.M. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Councilman Hartmann moved the adoption of Resolution No. 84-39, "RESOLUTION APPROVING CONDITIONAL USE PERMIT," on the basis that the Victoria Avenue facility has been operated successfully for several years and has not gen- erated any complaints to the City, on the condition that no solid wall fencing be installed on any property boundaries without special permission and with the stip- ulation that the site should be fenced to prevent play- ground toys from entering the street or neighboring Ayes: 4 properties. Nays: 0 Councilwoman Witt seconded the motion. Abstain: 1 Blesener Page No. 2064 July 10, 1984 HEARING - Mayor Lockwood opened the meeting for the purpose of a SCHUSTER public hearing on an application from Mr. & Mrs. Joseph DIVISION Schuster for the subdivision of Lot 17, Somerset Hills. Mrs. Schuster reviewed drawings of the proposed subdivision, stating that the subdivision as proposed, consists of three lots, that the property is relatively' level, and that each of the lots contains more than the - minimum lot -area required in the Zoning Ordinance. She stated that the proposed subdivision would not have a, deleterious effect on the health, welfare and safety of, the area and noted that there is currently a home beingil constructed at the end of the block on property which'' was subdivided in the past few years. She pointed out that the neighbors directly affected by the proposal', have not complained about the proposed subdivision. She stated that all of the proposed lots would front on Wachtler, and that most of the lots in the area have no rhyme or reason to setbacks, some have fifty feet of frontage and some are pie -shaped which requires greater, setback. She pointed out that there had been •several! vacations of street right-of-way in the area and suggested that two other undeveloped streets should have been vacated. She also noted that there have been other, lots in the City which have been subdivided in the past. year. Councilman Mertensotto stated that an application for subdivision of the property had been before the Council in 1978 and that the Somerset Hills plat had been' subject to deed restrictions against lot divisions when' the area was platted. Mrs. Schuster responded that the restrictions expired in April of 1978. Councilman Mertensotto informed Mrs. Schuster that many platted lots in the City far exceed the minimum lots sizes required under the Zoning Ordinance. He stated that in making determinations on subdivision applications, the Council considers the impact the pro posed subdivision would have on the character of the area and that changing that character for economic reasons is not appropriate. He asked Mrs. Schuster how, the subdivision proposal being considered has changed since the time•of the 1978 subdivision application. Mrs. Schuster responded that the corner of the property!! nearest to the Hovland property has been squared off as the result of the trading of some land with the Hovlands. She indicated that there have been no other, changes made in the subdivision plan. Page 2065 July 10, 1984 Councilman Mertensotto felt that it was obvious by th number of area residents present in the audience that there is opposition to the applicants' request for changing the character of the neighborhood. He asked what changes have taken place which would warrant changing the 1978 Council action denying the subdivision request. Mrs. Schuster stated that there are none. She stated that the integrity of the neighborhood will not change unless new people move in and create changes. She felt that if the Council is not agreeable to creating three lots it should approve the division into two lots. In response to a Council question, she indicated that there were no plans to divide the property into two lots but that that would be an alternate proposal. Mayor Lockwood pointed out that the existing subdivision proposal requires at least two variances -- the thirty foot setback on the proposed house on the north lot would not meet the setback for the house immediately south of it. He also felt that it is obvious that the original builder of the Schuster house intended that the building face north. In response to Mrs. Schuster's suggestion that they could change the entrance to the home at any time, Mayor Lockwood noted that Wachtle? would then become the front and less than a thirty-foot front yard setback would be created. Councilman Mertensotto pointed out that his concern is that of creating a change in the character of the subdi- vision and that the applicants have shown no reason why the change should occur. He noted that none of the three lots proposed would be as large as the smallest lot in the neighborhood. He noted that unlike the Burrow property which is on the periphery of the neigh- borhood (for which a division into two lots was approved in the past), the Schuster lot is located right in the center of the huge platted lots in Somerset Hills. Mayor Lockwood asked for questions and comments from the audience. Mr. G. H. Routier, 1919 Wachtler Avenue, stated that when he originally moved into the area there were deed restrictions which stipulated that there would be no division of properties in Somerset Hills. He felt that lot divisions would ruin the neighborhood and stated that he is opposed to any property divisions in the area. Ayes: 5 Nays: O r Page No. 2066' July 10, 19841 Mr. Edward Stringer, 795 Hilltop Court, stated that the matter came before the Council in 1978 and was a long,' bitter and drawn-out affair. He stated that there were significant problems with the proposal as related to', changing the neighborhood character, setbacks and, variances. The Council unanimously denied the' application at that time, he stated. He commented that while nothing lasts forever, nothing has changed since 1978. He felt that if the character of the neighborhoods is to be maintained the integrity of the City Council'a decision must be maintained. He asked that the Council deny the request as the charactdr of the neighborhood overwhelms any consideration. Mr. Paul Steenberg, 804 Ridge Place, stated that he has' a 4.5 acre lot and that he would like to see thee, neighborhood character maintained with large lots and'' open space. Mr. Max Seymour, 828 Ridge Place, stated that he shares the views of the other people opposed to setting a' precedent regarding division of properties in the plat. Mrs. Jean Pierson, 782 Hilltop Road, stated that she', thoroughly disapproves of subdividing any lots in the area. Mrs. Paul Steenberg stated that Mr. Vincent Hagstrum, 789 Ridge Place, was unable to attend the meeting but had authorized her to speak on his behalf expressing his opposition to any subdividing in Somerset Hills. Mrs. F. DeLaRosa, 784 Hilltop Court, stated that she; opposes the subdivision. Mr. Naumann McCloud, 816 Hilltop, stated that he is absolutely opposed to the subdivision and that his property is only 60 yards from the Schuster lot. Mrs. Bonnie Soll, 805 Hilltop Road, stated that she is opposed to subdivision of the property. There being no further questions or comments from they audience, Mayor Lockwood moved that the hearing be, closed at 9:05 P.M. Councilwoman Witt seconded the motion. Mayor Lockwood stated that he is very interested in maintaining the character of that neighborhood, that itl rivals the very large lots along Delaware Avenue in, character, and that until the the Somerset Hills Page No. 2067 July 10, 1984 residents opinions and attitudes towards their neighbor, hood change, he does not see that the character of the neighborhood would be anything but damaged by splitting the lot. He stated that as long as owners of property in the area are opposed and wish to maintain the character of their neighborhood he must support their position. Councilwoman Witt felt that the neighborhood character is a very significant consideration. Councilwoman Blesener felt that a proposal to divide the property into two lots could have been better considered, but that even that type of proposal would not have been appropriate in this neighborhood. Councilman Mertensotto felt that the area residents have a right to expect that the Council will honor the development as it has been laid out and the character of the neighborhood at the time they purchased their properties. He stated that the, taxpayers of the community have the right to know that the Council believes it must try to maintain the integrity of the neighborhoods. Councilman Hartmann stated that he has to believe it was the original intent of the developer of the area t( maintain this type of neighborhood character, otherwis- there would never have been any deed restrictions against lot divisions. After discussion, Mayor Lockwood moved to deny the subdivision request as submitted and discussed this evening. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Lockwood called a recess at 9:11 P.M. The meeting was reconvened at 9:18 P.M. SEAL COATING The Council acknowledged and discussed the tabulation of bids received for the 1984 seal coating project. Councilman Hartmann moved the adoption of Resolution No. 84-40, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF 1984 SEAL COATING,"- awarding the contract to Allied Blacktop, Inc. for their low bid of $29,365.90. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 Page No. 2068' July 10, 1984 TASK FORCE The Council acknowledged and discussed a memo listing' potential nominees to the T.H. 110/149 Task Force' Committee. 'After discussion, Mayor Lockwood moved that the following appointments be made to the Task Force: Janet Blesener (representing the City Council), Bill Burke' representing the Planning Commission), Fred Lambrecht' (Friendly Hills), Dorothy McMonigal (Park Commission), Sam Shephard and Phyllis Lange (Mendota Plaza), Lou Brenner (Mendakota Country Club), John Roszak, Kevin Howe and Carl Cummins III ("at -large")., Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS The Council acknowledged a memo from the Police Chief regarding business activities and outside storage at 680' South Freeway Road. Mr. Neil Baker, owner of the pro perty was present for the discussion. Mayor Lockwood noted that the memo indicated that Mr.! Baker was puzzled by the complaints. In response, Mr. Baker stated that some of the neighborhood children work for him in his "Thumb Things" operation and that most of the people in the area are self-employed: one runs a contracting company which often results in several pick -I, up trucks being parked on -street in the morning;', another operates an interior decorating business from his home and another runs a travel agency which is not', operated out of his home. He stated that noone has' complained to him of any problems but that he has, discovered since receipt of the memo that the only party; who has complained has been the Norman family. He stated that in his recent conversation with Mrs. Norman he was informed that her real complaint is that she; doesn't like seeing his boat and camping equipment: parked in his driveway and asked that he move it to thel side of his house. With regard to operation of thei business out of his home, Mr. Baker stated that he does the artwork for buttons in his home, that the printing is done in West St. Paul, that neighborhood children putl the pins on the buttons and that he has rented storefront space on South Robert Street for his equip- • went . i Councilman Mertensotto stated that it appears obvious that the complaints relate to the parking oft recreational vehicles but expressed his concern over the', home occupation and the fact that home occupations are; such difficult problems to deal with. Page 2069 July 10, 1984 Mayor Lockwood suggested that Mr. Baker should review the ordinance requirements on storage of recreational vehicles and see whether the complaints stop after ht complies with the ordinance requirements. In response to a complaint from Mr. Baker over fencing r; around the Norman's swimming pool, Council directed that the Code Enforcement Officer look into the matter. NOISE The Council acknowledged a memo from the Public Works AGREEMENT Director regarding the agreement with Johnson Brothers Corporation relative to I-494 construction noise. Councilman Mertensotto moved approval of the I-494 noise } agreement along with authorization for its execution by the Mayor and City Administrator. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 GUARD HOUSE The Council acknowledged and discussed a memo from the Public Works Director regarding the Target Stores conditional use permit for a guard house at 2360 Pilot Knob Road (Planning Case No. 83-27). On the recommendation of the Planning Commission and staff, Councilman Hartmann moved that the condition stated in Resolution No. 83-'27, "RESOLUTION GRANTING CONDITIONAL USE PERMIT FOR FENCE AND ACCESSORY STRUCTURE," for the Target Stores guard house be removed and that the existing structure be considered acceptable and allowed to remain. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 CASE NO. 84- Mr. Ralph Linvill was present to request approval of a 07, PILOT KNOB variance to allow the installation of an identification SERVICE CENTER sign on the southeast property line of the Pilot Knob Service Center property. Mr. Linvill explained that the building sits on a recessed property and that because of the County acquisition of additional right-of-way for Pi'lot Knob Road in the past an identification sign would need to be placed in the parking lot in order to adhere to the setback requirements. He stated that as it is proposed, the sign would be placed 31 feet from the curb line of Pilot Knob Road. Councilman Mertensotto suggested that if Council approves the variance, it should do so on the condition that the City reserves the right to require relocation of the sign should the County need to utilize the currently unused portion of the Pilot Knob Road right- of-way. Page 2070 July 10, 1984 Mr. Linvill agreed to the proposed condition for relocation of the sign. Councilman Mertensotto moved to grant a setback variance to allow installation of the Pilot Knob Service Center identification sign, as described in the variance application in accordance with the addendum for variance for sign location included within the application documents, subject to the following conditions: that no further yard signs be placed on the property; that no tenant names appear on the sign; that the sign location not be "grandfathered" should the County need to use the right-of-way; and that any future shrubbery placed near the sign in the future be of a low growing juniper variety. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 CASE NO. Mr. Earl Lynch was present to request approval of the 84-08, LYNCH subdivision of a parcel of property fronting on both Summit Lane and Walsh Lane and described as the southerly 100 feet of Lot 14 and the south 97.5 feet of Lot 15, Wagenknecht's Addition into two lots. It was noted that the subdivision as proposed would also require a 2.5 foot variance from the 100 foot lot width, requirement on the easterly lot. After discussion, Mayor Lockwood moved that the subdivision and variance be approved as requested, finding that the division is consistent with the charac- ter of the neighborhood, subject to receipt of a 5600 park contribution. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE NO. 84- Mr. and Mrs. Robert Carolan were present to request 09, CAROLAN approval of a ten foot rearyard setback variance to allow construction of a sun -room addition at the south- easterly corner of their home located at 1339 Medora Road. Mr. Carolan presented pictures of the existing structure for Council review. Mr. Carolan stated that they have met with their neighbors, the Tucks, to resolve their concerns and that the Tucks no longer oppose the variance. Councilwoman Blesener stated that she could see no hardship or reasonable cause for granting a variance. In response, Mr. Carolan described the configuration of the •lot and stated that he felt a hardship did exist because of the lot shape. After discussion, Councilwoman Witt moved to grant approval of a 10 foot sideyard setback variance as Page No. 2071 July 10, 1984 requested on the basis that it affects only one corn of the structure and is necessary because of the irregular shape of the lot along Emerson Avenue. R Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 CASE NO. 84- Mrs. Joseph Isaacs was present to request approval of a 10 - ISAACS wetlands permit to allow construction of a new home on property described as the west 131.05 feet of Lots 1 and 2, Block 4, T.T. Smith's Subdivision No. 2 32 feet from a drainage course. In response to a question from Councilwoman Blesener regarding elevations, Mr. Alf Wiik from the Sussel Company, stated that the main floor elevation of the proposed home is at level 910, the basement would be at level 903 and the creek is at level 901.9. Councilwoman Blesener pointed out that the City requires that a basement elevation must be at least three feet above water level which means that the basement elevation must be at 905. After discussion, Councilwoman Blesener moved approval of a wetlands variance to allow construction of a home within 100 feet of a wetlands area as specified on th, drawings submitted with the application, with thL condition that the basement floor elevation must be a minimum of 905 and in accordance with grading, topographic and filling plans submitted with the application. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CRITICAL AREA On the recommendation of staff, Councilwoman Witt moved SITE PLAN approval of a critical area site plan for installation CAO 84-01 of a swimming pool at 1645 James Road, along with waiver of requirements for Planning Commission review and public hearing (Calvin Lerman application). Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 TEMPCO Mr. Willard Weikle, of Earl Weikle & Sons Construction, reviewed plans for a proposed addition to the Tempco Manufacturing Company building. The Council acknowledged and discussed a memo from the Public Works Director which expressed grades and drainage provisions. City Engineer Kishel explained those concerns for the Council and suggested that Mr. Weikle meet with the Engineering Department staff to resolve the problems. Councilwoman Blesener noted that the site plan included both the existing drive and a new access from Mendota Page No. 2072, July 10, 1984' Heights Road. She suggested that the existing drive and blacktop along the south side of the proposed addition, be eliminated. In response to a Council question, Mr. Weikle stated that the exterior of the structure would be painted dec- orative concrete block, some break -off and some unbroken break -off variety. After discussion, Councilwoman Blesener moved to approve' the application for building permit for, the Tempco addition subject to compliance with conditions imposed by the engineering department regarding grading and drainage, that the structure be finished on all four sides, that appropriate landscaping be provided, and, that the drive and blacktop surface south of the' proposed addition running parallel to Mendota Heights, Road be eliminated. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 GARRON The Council acknowledged a memo from the City Engineer CORPORATION relative to a request from the Garron Corporation fore ® preparation of a feasibility study for public improve -'i ments to serve the Gould site located adjacent to Acacia Park Cemetery in the vicinity of the Mendota Bridge. Representatives of the Garron Corporation present for the discussion indicated that they have met with Mn/DOT with regard to site access, that structure height restrictions will be complied with, and that the prop- erty is not within the airport noise safety zone. The Council suggested that potential air noise problems should be addressed in architectural plans. In response to a question from Councilman Mertensotto, Engineer Kishel stated that the estimated cost for preparation of a feasibility study is 510,000 to $12,000, and that the Public Works Director has sugges- ted that the Garron Corporation submit a 55,000 escrow and that the balance of the study costs be charged to the Tax Increment District because the study will include all unserved areas in that part of the City and will include a watermain loop to Lexington Avenue. City Administrator Frazell stated that the 55,000 escrow amount is the Financial Advisor's estimate of what the cost would be to prepare a feasibility study for a similar sized property as this and that the balance of the study costs would be for more extensive work. Councilman Mertensotto suggested that the escrow requirement be increased to 57,500 to support half of the study estimate. The Garron Corporation representa- tive indicated that his firm would agree to the increase. Page No. 2073 July 10, 1984 Councilman Mertensotto moved to authorize the Citj Engineer to conduct a feasibility study in conjunction with the Garron Corporation request conditioned upon the developer depositing a $7,500 escrow with the City. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 TARGET SIGN The Council acknowledged a memo from the Code Enforcement Officer recommending approval of a request from Target Stores for a permit to install an identifi- cation sign at 2360 Pilot Knob Road, 40 feet from the Pilot Knob Road right-of-way line. Councilman Hartmann moved approval of a sign permit for 2360 Pilot Knob Road in accordance with drawings dated May 14, 1984 and June 4, 1984. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 MINING PERMIT The Council acknowledged and discussed a memo from the Public Works Director recommending approval of a developer's agreement with Northland Land Company relative to the mining permit for fill removal from the Mendota Heights Business Park. Councilwoman Blesener moved that the Mayor and City Administrator be authorized to execute the developer's agreement with the stipulation that the agreement be amended to require that the developer clean affected City streets on a weekly basis. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 EASEMENT The Council acknowledged and discussed a memo from the City Engineer recommending approval of an amendment to an easement agreement with Northern States Power Company originally dated in 1967. Councilman Hartmann moved the adoption of Resolution No. 84-41, "RESOLUTION APPROVING AN AMENDMENT TO AN EASEMENT AGREEMENT FOR THE INSTALLATION OF SANITARY SEWERS AS PART OF IMPROVEMENT NO. 4, PROJECT NO. 7B." Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 FIRE Mayor Lockwood moved adoption of Resolution No. 84-42, DEPARTMENT "RESOLUTION ESTABLISHING MONTHLY COMPENSATION FOR ASSISTANT FIRE CHIEF POSITIONS." Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 Page 2074 July 10, 1984 Councilman Hartmann moved to authorize an expenditure of up to 55,000 for acquisition of new fire hose through the Hennepin County Purchasing Agreement, in accordance with the Fire Chief's recommendation dated July 5, 1984.' Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 OPTICOM Councilman Hartmann moved to authorize an expenditure of 51,205 for acquisitin of an Opticom Emitter for the, City's primary police squad car. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: O INDUSTRIAL The Council acknowledged and discussed a memo from the REVENUE BONDS City Treasurer regarding the City's Industrial Revenue Bond entitlement. LIQUOR The Council acknowledged and discussed a draft copy of ORDINANCE the draft liquor ordinance and directed that a final draft of the document be placed on the August 7th' agenda. ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:15 O'Clock P.M. ---------------------------- Kathleen M. Swanson City Clerk ATTEST: --------------------------------- Robert G. Lockwood Mayor CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES JULY 24, 1984 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, -Burke, Stefani, Morson, and Ridder. Henning had notified the Commission that he would be on vacation and was excused. Also present were Planning Consultant Howard Dahlgren, Public Works Director Jim Danielson. APPROVAL OF Minutes of the June 26, 1984 and July 11, 1984 meetings MINUTES had been inadvertently left out of the Commission packets.] The approval of those minutes was deferred until the August meeting. Commission member Frank arrived at 8:05 P.M. CASE #84-04, CUP Chairperson Kruse called the meeting to order for the for PUD, Clapp- purpose of a public hearing on an application by Clapp- Thomssen Thomssen for a conditional use permit for a planned unit development amendment concerning Lot H, Clapp-Thomssen Ivy Hill Townhouses. Edward Clapp presented a colored elevation drawing -of the proposed 4 unit structure, stating that this new proposal was similar to the existing 6 unit Ivy Hill structures. He presented the history of development as follows: Yr. Completed Developer Phase I - 1965-1972 Clapp-Thomssen Phase II - 1972-1979 Westinghouse Phase III - 1979 -Present Einck These new structures are to be brick faced and contain 1702 square feet of finished space on two floors with an unfinished basement and storage area. Price range = $150 - $160K. Ridder asked what will be in the open space between the units. Clapp stated it will be landscaped and include a walking path and be totally irrigated. Stefani asked if these are the last units to be built. Clapp responded that they are and that Bjorkland Con- struction Company is to be the builder. Kruse pointed out the Planner's comments suggesting to move the structure 5 feet easterly. Clapp stated that modification had been made and was illustrated on the drawings presented. Comments were invited from the audience and no one responded. Motion by Frank, seconded by Stefani to close the public hearing at 8:28 P.M. Commissioner Frank moved to recommend approval of the Planned Unit Development amendment subject to staff approval of a final drainage plan, and execution of a developer's agreement addressing platting, utilities, park dedication, erosion control and street cleaning during development. Stefani seconded the motion. AYES: 6 NAYS: 0 CASE #84-14, Wetlands George Rosbeck a Vice President with.Joe E..Johnson and Permit, 682 Ivy Falls Sons presented this request. He had drawings of the Avenue floor plan of the proposed addition and a site plan. He stated the footings would be of a pier design and be hand dug. He stated his firm had constructed the -origi- nal home for John Berg and a Phase I addition for Dr. Smookler. AYES: 6 NAYS: 0 Planning Commission felt this addition had no adverse impact on the -wetlands whatsoever. Morson moved to waive the public hearing and recommend approval of the wetlands permit to the City Council. Ridder seconded the motion. William Paper, 1126 Sylvandale Road appeared late for the Clapp-Thomssen.-..:hearing and. -stated that he was against the project because it would bring transients into the area raising the crime rate. Chairman Kruse explained to Paper that the units were not rental units. A verbal review of the..results of_past Planning Commis- sion cases before City Council was made by Public Works Director Danielson. There was concern among the members about the number of cases where the Council's final decision on matters varied from Planning Commission recommendations. Commission member Ridder informed the Commission that she would be out of town for the August 24th meeting. Burke moved for adjournment, seconded by Morson. AYES: 6 NAYS: 0 TIME OF ADJOURNMENT: 9:05 P.M. TO: Mayor, City Council and City Administrator FROM: Paul R. Berg Code Enforcement Officer SUBJECT: Building Activity Report for CURRENT MONTH NO. VALUATION BLDG PERMITS SFD 8 $1,064,753.24 APT 1 2,250,000.00 C/I 4 125,000.00 MISC. 34 431,219.00 SUB TOTAL 47 $3,871,972.24 TRD PERMITS Plbg 6 Wtr 3 Swr 4 Htg, AC 8 & Gas Pipe SUB TOTAL 21 LICENSING Contractor's Licenses 19 MEMO - - - - -- DATE: 7-26-84 YEAR TO DATE - 1984 YEAR TO DATE - 1983 $ 2,033.00 1 196 $ 475.00 TOTAL 87 $3,871,072.24 $24,240.22 $10,151.50 247 $ 6,175.00 592 $14,769,490.30 $97,607.68 121 $ 2,086.00 206 $ 5,150.00 440 $ 8,265,331.16 $56,277.77 NOTE: All fee amounts exclude Sac, Wac and State Surcharge. Amounts shown will reflect only permit, plan: check fee and valuation amounts. FEE COLLECTED NO. VALUATION FEE COLLECTED NO. VALUATION FEE COLLECTED $:6,820.30 27' $ 3,159,860.56 $21,590.93 30 $ 3,216,386.75 $22,633.92 9,583.20 3 6,750,000.00 28,749.60 0 0 0 1,000.84 36 2,260,458.00 14,076.07 15 4,634,944.08 21,128.10 4,327.88 83 2,599,171.74 16,864.58 68 414,000.33 5,279.75 $21,732.22 149 $14,769.490.30 $81,281.18 113 $ 8,265,331.16 $49,041.77 $ 105.00 54 $ 2,745.00 36 $ 832.00 15.00 39 195.00 29 420.00 70.00 35 612.50 28 565.00 1,843.00 68 6,599.00 28 269.00 $ 2,033.00 1 196 $ 475.00 TOTAL 87 $3,871,072.24 $24,240.22 $10,151.50 247 $ 6,175.00 592 $14,769,490.30 $97,607.68 121 $ 2,086.00 206 $ 5,150.00 440 $ 8,265,331.16 $56,277.77 NOTE: All fee amounts exclude Sac, Wac and State Surcharge. Amounts shown will reflect only permit, plan: check fee and valuation amounts. CITY OF MENDOTA HEIGHTS MI4 July 27, 1984 TO: Mayor and City Council FROM: Kevin D. Frazell i City Administrator SUBJECT: Request for Exchange of Cars for Building Inspection We have received the new Police squads for this year, and are preparing them for placement in service, which means that we will be disposing of the existing squads shortly. One of the police cars which is being replaced is a 1982 Ford LTD, with 63,112 miles. Our mechanic is of the opinion that it is still in good shape, and the body still looks good. Staff is proposing that we retain this vehicle for use by the building inspector. It would replace his 1979 Chevrolet Malibu, which has 80,169 miles. Although the Malibu seems to be running fairly well, the finish is getting very faded, and the car has a generally shabby inside appearance. Rather then invest in a new paint job, we feel it would be wiser to sell the Malibu and replace it with the 1982 Ford. The estimated cost for painting on the doors and char p g the City logo g ging over the tax exempt plates is less than $50. The other expense, of course, is that the General Fund will presumably get less revenue back from selling the '79 Malibu than the '82 Ford. I ACTION REQUIRED: j This item is informational, and unless Council objects, we will proceed with this plan. At such time as we decide on a method for disposing of the excess vehicles, we will be back to seek Council authorization. Respectfully s mitted, Kevin D. Frazell City Administrator KDF:madlr CITY OF MENDOTA HEIGHTS MEMO July 27, 1984 TO: Mayor and City Council FROM: Kevin D. Fraz P City Adminiarfrator SUBJECT: General Revenue Sharing Special Hearing Set for August 21st. At the July 17th meeting, Council, upon staff recommendation, established the date of August 21st as the time for a public hearing on citizen input for use of General Revenue Sharing funds. At the time of the staff recommendation, we were unsure whether this hearing was still required under Revenue Sharing guidelines. We have since learned that the only requirement is a proposed use hearing, which can be held in connection with the regular budget hearing in September. Therefore, the earlier hearing is no longer required, and staff will not be scheduling it for August 21st. KDF:madlr i CITY OF MENDOTA HEIGHTS MEMO July 31, 1984 TO: Mayor, City Council and City AdmJefiistrator FROM: James E. Danielson Public Works Director SUBJECT: Albert Hanson Easement Job No. 8313 Improvement No. 83, Project No. 4 nTQrTTgQTnw Albert Hanson owns the first property on the west at the Wachtler-Wentworth curve and is affected by the Wachtler extension. He has been unwilling to accept the City's offer of $2100.00 to acquire new street right of way and we had begun condemnation action. Friday, July 27, 1984, he called and indicated to me that he would now be willing to settle for the City's offer. I informed Dave Moran, the City's attorney in this matter, and he asked that we proceed immediately to obtain Mr. Hanson's signature on a Quit Claim Deed and Temporary Construction Easement because the first court date for the condemnation action was August 7, 1984, and he did not want to cancel that date unless the City had the easements in hand. Staff now has the signed documents. Because staff had previously informed Council of the terms of this easement and because the entire amount was budgeted for and will be included in the improvement project costs and because there will be a substantial cost savings by being able to cancel the court date on August 7t6h, staff has issued a check to Mr. Hanson in the amount of the City's offer. That check is on the August 7th's List of Claims as a manual check. ACTION REQUIRED• Staff asks that Council concur with the staff's decision to pay Mr. Hanson in advance of Council approval and to approve the August 7th's List of Claims including the Hanson check. C7 �NGY M,�N W z Federal Emergency Management Agency Washington, D.C. 20472 �y o o CERTIFIED MAIL RETURN RECEIPT REQUESTED • Honorable Robert G. Lockwood Mayor, City of Mendota Heights City Hall 750 South Plaza Drive Mendota Heights, Minnesota 55120 Dear Mayor Lockwood: In Reply Refer To: IA -RA -TO (205) Community: City of Mendota Heights, Minnesota County: Dakota County Community Number: 270110A Current Effective Flood Hazard Boundary Map: April 16, 1976 Rescission and Regular Program Conversion Effective: June 22, 1984 Information recently made available to the Federal Emergency Management Agency (FEMA) indicates that, for all practical purposes, your community would not be inundated by the base flood, which is the flood having a one -percent chance of being equalled or exceeded in any given year. For this reason, we are rescinding the Flood Hazard Boundary Map (FHBM) and converting your community to the Regular Phase of the National Flood Insurance Program (NFIP) effective on the date cited above. Please destroy all copies of this map. The effects of participating in the Regular Phase of the NFIP as a community with no Special Flood Hazard Areas (SFHAs) are: 1. Any regulation of the NFIP with which the community may have been complying within areas designated as SFHAs (A zones) on an FHBM is no longer mandatory as a condition of your community's participation in the NFIP. However, it should be recognized that floods larger than the 100 -year flood, which defines the SFHA, do occur. In view of your community's commitment, as expressed in the Resolution of Intent it adopted to qualify for initial eligibility in the NFIP, your community should exercise care in evaluating new development which could aggravate or create flood problems in your community or in adjacent communities. 2. The entire community will be placed in zone C, which has no mandatory purchase requirement and, in general, for which rates are less expensive than the equivalent subsidized rate. 3. In addition to the less expensive rates, the maximum coverage available under the Regular Program is significantly greater than that available under the Emergency Program. The Flood Disaster Protection Act of 1973 and various regulations of the NFIP (42 U.S.C. Section 40001-4128) utilize flood elevations based'upon a 100 -year frequency flood. Accordingly, FEMA has determined that no 100 -year frequency flood elevation is known to exist in your community. Therefore, no map will be published. In summary, by continuing its participation in the NFIP and the Regular Program, the community makes available to its citizens on a voluntary basis additional amounts of insurance coverage at generally lower rates than would be available under the Emergency Program. While no new flood plain management measures are required, your community is encouraged to implement regulatory measures to protect development against hazards as they are known to exist locally. If you have any questions regarding this action, please contact the Chief, Natural and Technological Hazards Division of FEMA in Chicago, Illinois, at (312) 353-0757, or members of my staff in Washington, D.C., at (202) 287-0230. Sincerely, n '41-t' Charles A. Lindsey, Chief Technical Operations Division Federal Insurance Administration CITY OF MENDOTA HEIGHTS MEMO July 27, 1984 TO: Mayor and City Council FROM: Kevin D. y Fraze ,�� Cit Adminis -SUBJECT: Letter to Metropolitan Council Chair Sandra Gardebring Concerning Airport Noise Contours. As a part of the MC/MAC noise contours zoning project, the Metropolitan Council has been requesting letters from surrounding communities as to whether implementation of the noise contours will require amendments to their Compre- hensive Plan. As Council is aware, John Shardlow has served as the City's primary technical consultant and representative in this process, and John has expressed a number of concerns as to whether the technical data that have been prepared are sufficient to justify any changes in Comprehensive Planning. Attached is a letter under my signature, written in response to the request from the Metropolitan Council. This letter was prepared, in most part, by John, with some extra comments by me about the problem of flight patterns over Mendota Heights. KDF:madlr attachment __-_"eninistrative Offices CITY OF MENDOTA HEIGHTS July 13, 1934 Ms. Sandra Gardebring, Chair Metropolitan Council 300 Metro Square Building 7th and Robert Streets St. Paul, MN 55101 RE: Formal acknowledgementof•the need for the City of Mendota Heights to amend its Comprehensive Plan in response to the recently amended Airports Chapter of the Metropolitan Development Frameiark. Dear Ms. Gardebring: The City of. Mendota Heights has participated throughout the last several years in the airport noise compatibility planning process. During the Mc -Mac proceedings.and throughout the extensive revision process of the recently revised 'Airport Chapter of the Development Framework, the City has been actively involved: The fact that the adopted Land Use Plan and Official Zoning Map for the City currently proposes low density residential development within Noise Zones II III and IV, is well documented.. in numerous items of correspondance between the City and the Metropolitan Council.. Therefore, we have'no problem with the Metro poli,ta°n--Coune-i 1—staff's—request forwa l etter--stati ng that our currently adopted comprehensive plan will require significant amendment in order to comply with the standards and guidelines adopted in the new Airports Chapter. As you know, the noise zone contours included in the guidelines presuppose a particular flight pattern for aircraft departing the airport. City officials and residents of Mendota Heights have been concerned that air- craft frequently are out of the alignment envisioned in the noise contours, and, in fact, are flying over existing residential areas. We are working with the Metropolitan Aircraft Sound Abatement Council and through their operations committee and the FAA to address this problem, and are hopeful that a solution can soon be achieved. -- 750 South Plaza Drive - Mendota Heights; Minnesota 55120 - 452-1850 .r We recognize and respect the fact that the Metropolitan Council has acknowledged that the City of Mendota Heights has the most potentially incompatible land use of any city affected by the Noise Compatibility Guidelines, and has assisted the City in its efforts to obtain planning grant monies to conduct the necessary planning. However, we continue to contend that it would be premature to consider any amendments to our Comprehensive Plan until the issue of flight patterns, as well as a number of other key legal and financial issues are resolved. Sincerely, Kevin D. Frazell City Administrator KDF:mcm cc: Mark Ryan, Metropolitan Council JimUttley, Metropolitan Council --- Ray Glumak, MAC Darrell Wtstlander, MAC Dept 10 -Admin Dept 50-Rd&Bridges 8/7/84 CLAIMS LIST 15-Engr 60 -Utilities 20 -Police 70 -Parks CHECK REGISTER 30 -Fire 80 -Planning 40-CodeEnfc 90 -Animal Control AMOUNT VENDOI ITEM DESCRIPTION ACCOUNT N0. INV. 58.86 CUSTOM LAB INC VOTER REGR SLIDES 01-4300-640-10 4 58.86 * 180.00 DODD CONST WATER LEAK 15-4460-477-60 189.00 * 179972.00 KLAMM MECHCONTR PYMT 2 RE FS 16-4460-850-00 30,817.00 KLAMM MECHCONTR PYMT 1 RE FS 16-4460-850-00 489789.0 * 251.20 LAUCO GCO PART 2201 01-4330-440-20 5 28.20 * 99443.00 CORRIGAN ELECCO PYMT 1 RE FS 16-4460-850-00 99443.00 * 318.00 PERSONNEL WORLD M MEYERS 01-4130-110-10 2 113.29 PERSONNEL WORLD M MEYERS 01-4130-110-10 2 254.40 PERSONNEL WORLD M MEYERS 01-4130-110-10 2 6.85.69 * 11.97 POPULAR COMPUTING 1 YR RENEWAL 01-4402-110-10 11.Q7 * 198.00 ROAD RESCJE PHIL COLLARS 01-4305-030-30 6 35.75 233.75 * ROAD RESCUE FLASHER 01-4330-440-20 6 ' 49041.80 ST T2EAS C10BLOGINSP 2ND QTR S/CHGS 01-4447-110-10 - 49041.510 * 57.70 0 E I FORMS 01-4300- 020-20 8 57.70 * 22.64 FLOM TDOL CO PARTS 15-4305-060-60 7 22.64 * 300.lO MAACO AUTO PAINTING PAINT 83DIPL 01-4330-440-20 S 300.0 * 10.00 MN POLICE&POA 84 DUES DELMONT 01-4404-020-20 10.00 * 25.00 ALEXANDER CONST RFD DEPOSIT 87-4283-812-00 25,00 * 25.00 ELK RIVER CONC PROD RFD DEPOSIT 87-4283-812-00 25.00 25. IO GARTZKE CONST RFD DEP 87-4283-812-00 25.x,0 * 25.D0 LUND AGPFALT CONST RFD DEP 87-4283-812-00 25.90 * 25.:,-x' NOOLAND ASSOC INC RFD DEP 87-4283-812-00 AMOUNT 25.D0 * 25.00 25.4x1 * 25.00 25.40 * 283.90 283.80 3.59 5.30 10.21 4.50 5.29 28.89 13.16 33.75 16.44 21.04 84.39 5.21 5.21 7.06 5.22 22.70 28.Q0 2'8 .93 36.92 17.38 112.13 17.09 10 79 27.98 CHECK REGISTER VENDOR ITEM DESCRIPTION NO STAR WATER PROD WATER PRODUCTS CO ANDERSEN EARL F&ASSO AT & T INFO SYSTEMS AT & T INFO SYSTEMS AT & T INFO SYSTEMS AT & T INFO SYSTEMS AT & T INFO SYSTEMS B&J AUTO SPLY B&J AUTO SPLY B&J AUTO SPLY B&J AUTO SPLY BD WATEIR COMMISSION BD WATER COMMISSION BD WATER :OMMISSION BD WA TDR COMMISSION CITY MOTOR SUPPLY CITY MOTCR SUPPLY CITY MOTOR SUPPLY CTTY MOTOR SUPPLY COAST TO COAST CAST TO COAST RFD DEP RFD DEP CHANNEL POSTS JUL SVC JUL SVC JUL SVC JUL SVC JUL SVC FLASHER/CIR BREAK MISC PARTS WIP BLADE OILFILT JUN SVC JUN SVC 2ND OTR SVC JUN SVC BR FLUID DISP MIS CPARTS MISC PARTS MISC PARTS STEAM IRON SPLYS 44,04 COPY EQUIP CO BLUELINE ACCOUNT NO. I'a 87-4 283- 812-00 87-4 2 83- 812-00 01-4420-050-50 01-4210-020-20 01-4210-050-50. 01-4210-070-70 01-4210-315-30 15-4 210- 060-60 01-4330-440-20 01-4330-44r ,0 01-4330-44 D 01-4330-490-70 01-4425-310-50 01-4425-310-70 01-4425-315-30 15-4425-310-60 01-4305-050-50 01-4330-440-20 01-4330-440-20 01-4330-490-70 01-4305-020-20 01-4305-070-70 05-4300-105-15 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT N0. INV4 44.04 1.91 DANIELSON JAMS E PHOTOS 05-4305-105-15 18.48 DANIELSON JAMES E MI THRU 7/31 05-4415-105-15 1.76 DANIELSON JAMES E MI THRU 7/31 74-4415-936-00 7.48 DANIELSON JAMES E MI THRU 7/31 87-4415-812-00 29.63 * 32.64 DASCO INC. BATTERIES 01-4305-020-20 S 32.64 * 19125,00 DCR COPP, AUG RENT 01-4200-600-10 637.50 OCR C ORiP. AUG RENT 01-4200-600-20 19170.00 OCR CORP. AUG RENT 05-4200-600-15 29932.50 * 90.00 DENNIS DELMONT AUG MI 01-4415-021-20 90.00 * 166.40 ELVGREN PAINT SUPPLY PAINT 01-4305-070-70 4 166.40 * 175.90 FRA2=LL K=VIN AUG MI 01-4415-110-10 175.00 * 51.80 GLOBE PUBLISHING CO BLDG PERM CARDS 01-4300-040-40 4 51.80 * 127.69 ICMA RC 8/3 Y/H 01-2072-QOO-00 61.30 ICMA RC 8/3 CONTR 01-4406-110-10 1338.99 * 13.20 KNUTH TOM MI THRU 8/1 05-4415-105-15 7.48 KNUTH TOM MI THRU 8/1 15-4415- 477-60 1.10 KNUTH TOM MI THRU 8/1 16-4415-850-00 3.74 KNUTH TOM MI THRU 888/1 51-4415-925-00 5.94 KNUTH TOM MI THRU 8/1 67-4415-941-00 CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INy. 2.42 KNUTH TOM MI THRU 8/1 74-4415-813 22.22 KNUTH TOM MI THRU 8/1 87-4415-812--J 1.98 KNUTH TOM MI THRU 8/1 90-4415-816-00 2.64 KNUTH TOM MI THRU 8/1 91-4415-817-00 1.76 KNUTH TIOM MI THRU 8/1 93-4415-820-00 62.48 * 05-4214-105-15 0 17.10 LOGIS JUN 8.59 LAKELAND FORD RELAY2223 LOGIS 01-4330-440-20 4 6.08 LAKELAND FORD IGN SidITTCH308 01-4330-490-50 A 14.67 * JUN SVC 16-4214-000-00 0 17.10 LOGIS 144.00 LELS SVC AUG DUES 01-2075-000-00 144.00 * 557.05 MEOCENTIER3 99.70 LMCIT HP PLAN AUG WfH 01-2074-000-00 290.30 LMCIT HP DLAN AUG PREM 01-4245-020-20 67.74 LMCIT HP PLAN AUG PREM 01-4245-021-20 135.00 LMCIT Hip OLAN AUG PREM 01-4245-040-40 67.'74 LMCIT HP ?LAN AUG PREM 01-4245-050-50 660.18 * AUG PREM 01-4245-110-• 5 405.')0 MEOCEN•RERS 8.50 LEEF BROS INC JUL SVC 01-4335-310-50 2 8.50 LEEF BROS INC JUL SVC 01-4335-310-70 2 8.50 LEEF EROS INC JUL SVC 15-4335-310-60 2 25.50 882.21 LOGIS JUN SVC 01-4214-110-10 0 94.20 LOGIS JUN SVC 05-4214-105-15 0 17.10 LOGIS JUN SVC 10-4214-000-00 0 633.10 LOGIS JUN SVC 15-4214-060-60 0 68.50 LOGIS JUN SVC 16-4214-000-00 0 17.10 LOGIS JUN SVC 21-4214-000-00 0 1,712.21 557.05 MEOCENTIER3 -HP AUG W/H 01-2074-000-00 6 817.35 MEOCENTIERS HP AUG PREM 01-4245-020=20 6 377.30 MEOCENTERS -HP AUG PREM 01-4245-021-20 6 459.10 MEOCEN11ERS HP AUG PREM 01-4245-050-50 6 252.30 MEDCENnERS HP AUG PREMM 01-4245-070-7n 6 628.20 MEDCENPERS IHP AUG PREM 01-4245-110-• 5 405.')0 MEOCEN•RERS HP AUG PREM ^5-4245-105-1-, 6 145.00 MEDC_NTIERS HP AUG PREM 15-4245-060-60 6 3.641.70 * AMOUNT 289190.25 219742.44 499932.69 14.05 13.90 5.30 32.95 * 40.J0 40.00 * 31 .52 31.52 * 3,40 10.20 3.40 3.40 W 1 .70 3.40 5.10 1.70 32.30 * 56.81 56.81 * CHECK REGISTER VENDOR METRO WASTE CONTROL METRO WASTE CONTROL MINN RENEFIT ASSN MINN BENEFIT ASSN MINN BENEFIT ASSN MN DEPT PUBLICSAFETY MINN DEPT OF REV MINN MUTUAL LIFE MINN MUTUAL LIFE MINN MUTUAL LIFE MINN MUTUAL LIFE MTNN MUTUAL LIFE MINN MUTUAL LIFE MINN MUTUAL LIFE MINN MUTUAL LIFE MOTOROLA INC l ITEM DESCRIPTION JUL SAC CHGS AUG INST AUG W /H AUG PREM AUG PREM CONN CHG JUL SPEC FUEL TAX AUG W/fH AUG W /H AUG PREM AUG PREM AUG PREM AUG PREM AUG PREM AUG PREM RPRS ACCOUNT N0. INV. 15-4448- 060-60 15-4449- 060- 60 1 01-2074-000-00 2 01-4245-021-20 2 01-4245-070-70 2 01-4200-610-20 8 01-4320-050-50 6 01-2071-000-00 2 01-2074-000-00 2 01-4245-020-20 2. 01-4245-021-20 2. 01-4245-050-50 Z 01-4245-070-70 2. 01-4245-110-10 2 05-4245-105-15 2' 01-4330-450-20 1 117.09 NORTHERN ST POWER CO' JUL SVC 01-4211-310-50 117.10 NORTHERN ST POWER CO JUL SVC 01-4211-310-70 79.40 NORTHERIN ST POWER CO JUL SVC 01-4211-315-30 128.47 NORTHERN ST POWER CO JUL SVC 01-4211-420-50 11.59 NORTHERN ST POWER CO JUL SVC 01-4212-310-50 .32- NORTHERN ST POWER CO CORR AMT 01-4212-310-50 11.57 NORTHERN ST POWER CO JUL SVC 01-4212-310-70 97.32 NORTHERN ST POWER CO JUL SVC 01-4212-315-30 117.J9 NORTHERIN ST POWER CO JULSVC 15-4211-310-60 210.48 NORTHERN ST POWER CO JUL SVC 15-4211-400-60 11.57 NORTHERN ST POWER CO JUL SVC 15-4212-310-60 901.66 * 196.16 NORTHWESTERN BELL JUL SVC 01-4210-020-20 AMOUNT VENDOR CHECK REGISTER ITEM DESCRIPTION ACCOUNT N0. INI 53.40 NORTHWESTERN BELL JUL SVC 01-4210-05 0 122.34 NORTHWESTERN BELL JUL SVC 01-4210-07►, r0 325.48 NORTHWEST --RN BELL JUL SVC 01-4210-110=10 52.12 NORTHWESTERN BELL JUL SVC 01-4210-315-30 53.40 NORTHWESTERN BELL JUL SVC 01-4211-050-50 53.40- NORTHWESTERN BELL CORR ACCT 01-4211-050-50 65.07 NORTHWESTERN BELL JUL SVC 05-4210-105-15 53.40 NIRTHWEST:RN BELL JUL SVC 15-4210-060-60 867.67 # 145.30 150.00 295.00 # 19484.00 1 9484.00 16.02 64.08 7.80 12.61 75.00 7.80 8.50 191.81 1 9099.00 3,406.^0 1,430.00 565.00 6,500.00 +� 978.12 1 9979,75 29957.87 �► 137.64 62.00 62.00 62.00 62.00 62.;0 447.64 + OAK CREST KENNELS OAK CREST KENNELS OSWALD FIRE HOSE OXYGEN SERVICE CO OXYGEN SERVICE CO OXYGEN SERVICE CO OXYGEN SERVICE CO OXYGEN SERVICE CO OXYGEN SERVICE CO OXYGEN SERVICE CO PEAT- MARWICK- MITCHEL PEAT- MARWICK- MITCHEL PEAT- MARWICK- MITCHEL PEAT-MARWICK-MITCHEL PINE BEND PAVING INC PINE BEND PAVING INC JUL RETAINER JUL BOARD HOSE/CLAMFS CYL COMP AIR DEMURRAGE THRU 6/15 CYL TEST AIR PACS DEMURRAGE THRU 6/15 PARTS BAL AUDIT SVC BAL AUDIT SVC BAL AUDIT SVC BAL AUDIT SVC FINE MIX WEAR/FINE MIX SATELLITE INDUST INC RENT THRU8/18ROGER SATELLITE INDUST INC RENT THRU8/18VP SATELLITE INDUST INC RENT THRU8/18IVY SATELLITE INDUST INC RENT THRU8/18MARIE SATELLITE INDUST INC RENT THRU8/18FH SATELLITE INDUST INC RENT THRU8/18WENT 01-4221-800-90 01-4225-800-90 01-4330-460-30 01-4305-030-30 01-4305-030-30 01-4305-030-30 01-4305-030-30 01-4305-03r I 01-4305-05L 15-4330-490-60 03-4220-130-00 14-4220-130-00 16-4220-130-00 21-4220-130-00 01-4422-050-50 01-4422-050-50 01-4200-610-70 01-4 200- 610-70 01-4200-610-70 01-4200-610-70 01-4200-610-'0 01-4200-610 35.00 SELANDER )DANE C AUG MI 01-4415-200-70 CHECK REGISTER AMOUNT VENOOD ITEM DESCRIPTION ACCOUNT N0. INV 35.00 23.75 SEVEN CORNER ACE HDW NUTS/CAP SCREWS 01-4305-050-50 27.75 SEVEN CORNER ACE HOW BOLTS./NUTS 15-4305-060-60 , 51 .5 0 * 19859.00 SHAUGHNESSY L E JR JUL SVC 01-4220-132-10 111.?0 SHAUGHNESSY L E JR JUL SVC 03-4220-132-00 162.80 SHAUGHNESSY L E JR JUL SVC 05-4220-132-15 296.50 SHAUGHNESSY L E JR JUL SVC 16-4220-132-00 2.430.00 * 76.07 SlUTMVIEW CHEVROLET PARTS 01-4330-440-20 ' 1.61 SOUTFdViEW CHEVROLET OIL CAP501 01-4330-490-70 ' 77.68 * 19844.46 ST TREAS PERA PERA W//H 7/20PR 01-2062-000-00 19272.62 ST TREAS PERA 7/20PERA 01-4406-020-20 511.69 ST TREAS PERA 7/20PERA 01-4406-021-20 17.26 ST TREAS PERA 7/20PERA 01-4406-030-30 44.14 ST TRrAS PERA 7/20PERA 01-4406-040-40 163.93 ST TREAS PERA 77/20PERA 01-4406-050-50 92.11 ST TRE4S PERA 7/20PERA 01-4406-070-70 134.66 ST TREAS PERA 7/20PR 01-4406-110-10 185.85 ST TREAS PERA 7/20PERA 05-4406-105-15 55.42 ST TREKS PERA 7/20PERA 15-4406-060-60 4,322.14 57.49 ST PAUL BOOK&STAT MISC SPLYS 01-4300-020-20 t 3.71 ST PAUL BOOK&STAT LABEL 01-4300-020-20 9.26- ST PAUL BOOK&STAT RETN RACERASE 01-4300-020-20 34.50 ST PAUL BOOK&STAT SCRATCH PADS 01-4300-020-20 t 11.09 ST PAUL BOOK&STAT MISC SPLYS 01-4300-020-20 t 97.53 * 54.18 SUN NEWSPAPERS TID ANNL RPT 16-4240-000-00 S 26.35 SUN NEWSPAPERS BID AA083-4 87-4240-812-00 `. 80.53 * ,231.34 TRISSEN WRIGHT ASSOC SVC THRU6/30 16-4220-850-00 ,231 .34 * CHECK REGISTER AMOUNT VENDOR 57.74 UNITED CENT TRUSTEE 36.11 UNITED CENT TRUSTEE 18.76 UNITED CENT TRUSTEE 18.76 UNITED CEVT TRUSTEE 131.37 # FUND 14 TOTAL 75.00 UNITED WAY -ST PAUL 75.00 * 131.20 WESTERN LIFE INS CO 131.20 * 1,265.00 WINTHROPWEINSTINE&S 402.60 WINTHROPWEEINSTINE&S 975.16 WINTHROPW=INSTINE&S 1 9448.70 WINTMROPWEINSTINE&S 1 9500.00 WINTAROPW=I NSTINE&S 39199.95 WINTHROPWEINSTINE&S 1,130.65 WINTHROPWEINSTINE&S 683.35 WINTHROPWETNSTINE&S 10.605.41 FUND 60.10 ZIEGLER INC 60.10 * 359487.97 FUND 01 TOTAL 18210.70 FUND 03 TOTAL 21,162.25 FUND 05 TOTAL 17.10 FUND 10 TOTAL 39406.00 FUND 14 TOTAL 519424.13 FUND •15 TOTAL 659443.97 FUND 16 TOTAL 582.10 FUND 21 TOTAL 3.74 FUND 51 TOTAL 5.94 FUND 67 TOTAL 4.18 FUND 74 TOTAL 914.40 FUND 87 TOTAL 1.98 FUND 90 TOTAL 2.64 FUND 91 TOTAL 1.76 FUND 93 TOTAL 1 60, 668.86 T OTA L ITEM DESCRIPTION ACCOUNT NO. INV. AUG W/H 01-2071-000--,, AUGPREEM 01-4246-020-20 AUG PREM 01-4246-050-50 AUG PREM 01-4246-070-70 AUG CONTR 01-2070-000-00 AUG PREM 01-4246-030-30 RE LOW MMIIS2NDQT 01-4220-120-00 2ND QTR RE BROOKS 01-4220-120-10 2ND QTR RE FIREREL 01-4220-120-30 2ND QTRWAHL/KRAJ 01-4220-120-80 2ND QTR RET 01-4221-120-10 2NDQTR PROS 01-4222-020-20 2NDQTR RE FS 16 -4220 -850 -r' - 2ND QTR RE HANSON 87 -4220 -812 - RPR TIRE 01-4330-490-50 Oi GENERAL FUND WATER REVENUE FUND ENGR ENTERPRISE SPECIAL PARK FUND CONSOLIDATED DEBT SERVIC SEWER UTILITY TID I79-7/81-4/82-2/82-6 INDUSTRIAL DEVELOPMENT 179-3 MIRIAM-HIAW DRAINA 180-3 TH13 REALIGN/WATER CONS PROD FUND I83 -4/83-4B GRYC/DAK CTY I83 -7B MH RD MN DOT I83-8Mi1CC SWR IMP MEND 184-2GOULD PROP 10560 10561 10562 10563 10564 10565 10566 10567 10568 10569 10570 10571 87.50 VOID 4,569.26 2,460.11 4,795.29 4,567.89 50.00 300.00 965.15 22,958.25 50.00 2,100.00 42,903.45 GT 203,572.31 E&J Trophies St Treas Pera St Treas SS Fund Commissioner Rev Dir Internal Rev DCB 11 SCCU City MH Payroll Acct DCB A. E. & M. Hanson Softball trophies 7/6 Payroll 7/20 FICA SIT 7/6&7/20Payroll FIT 7/20 Payroll 7/20 Payroll Deductions if to Net Payroll 7/20 7/20 Payroll Deductions Easement Proj 83-4 LIST OF 1984 CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON AUGUST 7, 1984 Bohn Well Drilling Company, Inc. Bruhn Excavating Cedar Valley Heating and Air Conditioning Cedar Valley Heating and Air Conditioning D.N.R: Construction Company F and B Construction J and D Builders, Inc. Junek Excavating Company Kleve Heating and Air Conditioning Markfort Construction Company, Inc. Peterson Maintenance Corporation Poblocki'and Sons SBS Mechanical, Inc. Ed Staf ki Enterprises, Inc. Stevens Excavating Superior Pools, Inc. T.C. Builders, Inc. Taping, Inc. University Roofing and Construction Gamache Construction Woodlynn Homes, Inc. 0 Excavating License Excavating License Gas Piping License Heating and Air Conditioning General Contractor's License General Contractor's License General Contractor's License Excavating License Heating and Air Conditioning Masonry License General Contractor's License Sign Erecting License Heating and Air Conditioning Masonry License Excavating License General Contractor's License General Contractor's License Plastering/Stucco License General Contractor's License General Contractor's License General Contractor's License I License License License CITY OF MENDOTA HEIGHTS MEMO July 27, 1984 �Z,o TO: Mayor, City Council and City dministrator FROM: Kathleen M. Swanson City Clerk SUBJECT: St. Peter's Beer License Request For the past several years, the Council has received and approved a request from St. Peter's Church for the Annual Father Galtier Days for the issuance of a two day 3.2 on -sale beer license. We have again received such a request, asking that a license be issued for Saturday and Sunday, September 15th and 16th. Hours of the beer sale will be on Saturday from 6:00 P.M. to 12:30 A.M., and on Sunday from 12:00 P.M., to 5:00 P.M. RECOMMENDATION/ACTION REQUIRED: Staff recommends that Council approve the request and waive the fee, as has been done in all past St. Peter's Church license approvals. If Council concurs, it should pass a motion to authorize the issuance of a two-day on -sale 3.2 malt beverage license to St. Peter's Church for September 15 and 16, in conjunction with the Annual Father Galtier Days, along with waiver of the license fee. KMS:madlr attachment RAYMOND R. STAWARZ 1335 Sylvandale Road Mendota Heights, Minnesota 55118 July 12, 1984 Ms. Kathleen M. Swanson, City Clerk City of Mendota Heights 750 South Plaza Drive Mendota Heights, Mn. 55120 Dear Ms. Swanson: (612) 457-4738 Arrangements are underway for St. Peter's Annual Father Galtier Days scheduled for Saturday, September 15 and Sunday, September 16, 1984. I am hereby requesting that the City Council consider our request for a temporary liquor (3.2 beer) license to be issued in conjection with the festival. Beer will be served on Saturday from 6:00 pm to 12:30 am and on Sunday from 12:00 pm until 5:00 pm. The Council has granted our request in prior years. Please send the license to my attention. Should there be any questions concerning this request, please call. Thank you for your usual cooperation with St. Peter's. Very truly yours, Q ad Raymon R. Stawarz -'Treasurer - Father"Galtier Days Office: 341-3030 Ext. 57 RRS/h cc: Dennis Delmont, Police Chief 0 CITY OF MENDOTA HEIGHTS MEMO August 1, 1984 T0: Mayor, City Council and City A.�inistrator FROM: James E. Danielson Public Works Director SUBJECT: Chippewa Avenue M.S.A. Study Job No. 7843 (Bituminous Overlay) Improvement No. 79, Project No. 3 nTQrTTQQTnM At the July 17th meeting of the City Council when a proposed street mainten- ance project for the north end was being considered, the possible use of State Aid Funds for a portion of the project was discussed. Staff has looked into the matter and it appears that the only street that might be considered is Chippewa Avenue from Annapolis Street to Dodd Road. This connects two state highways, is wider than a standard City street and is being used by the public as a collector street. 8820.07700 SELECTION CRITERIA Subp. 3. Municipal state -aid street. A municipal state -aid street which: A. is projected to carry a relatively heavier traffic volume or is func- tionally classified as collector or arterial as identified on the urban municipality's functional plan as approved by the urban municipality's governing body; (Formal action by the Council designating Chippewa Avenue a collector street will satisfy this requirement.) B. connects the points of major traffic interest within an urban munici- pality; and (Chippewa Avenue will connect Trunk Highway 13 (Annapolis Street) to Trunk Highway 149 (Dodd Road.) C. provides an integrated street system affording, within practical limits, a state -aid street network consistent with projected traffic demands. (The State Aid Engineer needs to make this determination and as of this date, he has not submitted an opinion relative to this matter.) The approximate total length of Chippewa Avenue from Trunk Highway 13 to Trunk Highway 149 is 3300 feet. Currently, Mendota Heights has only 1800 feet of non -designated state -aid roadway available; however because allowable M.S.A. roadway is a factor of total roadway within the City, the allowable length is expected to increase by approximately 1260 feet, after completion of 1984 con- struction. This still will not provide sufficient non -designated footage so it may be necessary to wait for 1985 street construction to meet the requirements. It appears that Chippewa Avenue may be requested as a designated M.S.A. route, but not until 1985, and if accepted, could be implemented as a 1986 project. RECOMMENDATION: Staff recommends an authorization from the Council to work with Municipal State Aid officials to make Chippewa Avenue a municipal state aid street when criteria is adequate. ACTION REQUIRED: No official action is required at this time in that Mendota Heights does not have sufficient designated M.S.A. mileage available. CITY OF MENDOTA HEIGHTS MEMO Cn �— August 1, 1984 TO: Mayor, City Council and City A inistrator FROM: James E. Danielson Public Works Director SUBJECT: Clapp-Thomssen/Ivy Hill Planned Unit Development Amendment Case No. 84-04 DISCUSSION: The Planning Commission conducted a public hearing to consider an amendment to the Ivy Hill Planned Unit Development at their July meeting. There was no one at the hearing opposed to the project so the Planning Commission unanimously voted to recommend approval to City Council. After the hearing was closed Mr. .Paper a resident living on Sylvandale appeared stating that he was opposed to the project because it would bring transients into the area and raise the crime rate. RECOMMENDATION• Staff concurs with the Planning Commission recommendation and recommends, subject to execution of a developer's agreement, granting the Planned Unit Development Amendment and preliminary plat approval. ACTION REQUIRED: If Council wishes to implement the Planning Commission and Staff recommenda- tion it should pass a motion approving the Amendment to the Ivy Hill Planned Unit Development and preliminary plat of Clapp-Thomssen Ivy Hill 2nd Addition. a Case No. ' D j CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST, Date of Application Fee Paid_ *XTO O f Applicant ! Name: ClaRp Edward Last - First Initial Address: 4 East Fourth Street St. Paul, Minnesota 55101 Number & Street City State Zip Telephone Number: 291-7777_ Owner Name: Clapp-Thomssen Company Last First Initial Address: 4 East Fourth Street St. Paul Minnesota 55101 Number & Street City State Zip Street Location of Property in Question: Ivy Hill Drive Legal Description of Property: Clapp-Thomssen - Ivy Hill Townhouses - Lot H Type of Request: Rezoning Variance Conditional Use Permit Conditional Use Permit for P.U.D. Minor Conditional Use Permit Subdivision Approval Plan Approval Wetlands Permit x Other P.U.D. Amendment s Applicable City Ordinance Number 401 Section 19.10 Present Zoning of Property: R-1, One Family Residential District Present Use of Property:_ Vacant Proposed Zoning of Property: R-1 Proposed Use of Property:_ Townhouse structure with 4 units iypicai: o-io resiaents Number of people intended to live or work on premises: Probable (due to market): 8-10 resider I hereby declare that all statements made in this request and on the additional material are true. Cl�y�r•w�'�si.� k • �,,, ignature of Appl cant / 6q Date Received by (title) NOTE: The following plans shall be drawn and attached to this application: A. Applications involving a Variance shall -submit thio'folloVirig plans: Date Received Initial 1. Site Development Plan 2. Dimension Plan 3. Landscape Plan 4. Grading Plan B. Applications involving a Rezoning, Conditional Use Permit or Subdivision shall submit the following: 1. Sketch Plan 2. Abstractors' Certificate (If the subdivision involves cutting of existing parcel into two or more lots). C. Applications involving'a Wetlands Permit shall submit the following:. - 1. A full & adequate description of all phases of the operation &/or proposed physical,.changes. s,,: 2. A topographic map of the area. Contour intervals shall be drawn at two (2) foot intervals at a horizontal scale of 1" = 1,000' or larger. 3. A detailed site plan of the proposal showing proposed drainage, grading & landscapi 4. A site design map showing the location of existing and future man-made features within the site and to a distance of five hundred (500) feet surrounding the site. CITY OF MENDOTA HEIGHTS July 27, 1984 NOTICE OF HEARING ON APPLICATION FOR CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT TO WHOM IT MAY CONCERN: NOTICE is hereby given that the City Council of the City of Mendota Heights will meet at 7:45 o'clock P.M., on Tuesday, August 7, 1984, in the City Hall Council Chambers, 750 South Plaza Drive, Mendota Heights, Minnesota, to consider an application from Clapp-Thomssen Company for a conditional use permit for a Planned Unit Development to allow construction of a 4 -unit townhouse structure on Lot H, Ivy Hill Townhouses., This property is located on Ivy Hill Drive. ^ This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed conditional use permit for a planned unit development will be heard at this meeting. eKathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO July 20, 1984 TO: Planning Commission FROM: James E. Danielson Public Works Director and Paul R. Berg Code Enforcement Officer SUBJECT: Clapp-Thomssen-Ivy Hill Townhome Planned Unit Development Amendment Case No. 84-04 HISTORY: The original Ivy Hill Townhomes P.U.D. was approved in -1965 and contained 83 units. Over the years as the townhomes were being built the plan was modified several times and now has 80 units completed. DTSCIISSTON- One developable lot (Lot H) and three units remain.to be built. Clapp- Thomssen, the owners of this lot, have been receiving pressure from the neigh- borhood to improve the condition of this unimproved lot. They propose to do so by building townhomes on the lot. Clapp-Thomssen feels that this remaining lot could more feasibly be developed with four units, and are requesting the P.U.D. be amended to allow for the additional unit. Staff has reviewed Clapp-Thomssen's proposal and feels that there would be no problem with having the four units however, each unit needs to have separate sewer and water services from a City's main line and one is not available to allow that to occur. Staff suggests that the owner petition the City to install the needed utilities and have the costs assessed. RECOMMENDATION: Staff would recommend approval subject to consideration of any valid Planning Commission or public comments and execution of a developer's agree- ment addressing such items as platting, utilities, park dedication, erosion control and street cleaning during development. ACTION REQUIRED: Conduct Public Hearing and, based on public comment and Planning Commission input, make a recommendation to the City Council. associates Suite 100, 2611 Central Ave. N.E. Minneapolis, MN 55418 781-6696 LANDSCAPE ARCHITECTURE • PLANNING • DESIGN I DATE: April 30, 1984 TO: City of Mendota Heights � y ® � 1984 FROM: Applicant — Clapp—Thomssen Company RE: Ivy Hill P.U.D. Amendment The Ivy Hill P.U.D. was originally approved on October 19, 1965. This plan initially proposed 83 townhouse units. Lot G was dedicated to the City for park land. Lots F and H were intended to be left as private open space. Thirty five units were built under this initial plan. On October 16, 1972 a revised plan for the remaining 48 units was approved by the City, and of these 20 units were built. On March 5, 1979, the plan was again revised for the remaining 28 units. Only 25 of these units have been built, bringing the total unit count to the present 80 units out of the 83 initially planned. An amendment is now being proposed by the Clapp—Thomssen Company to further improve and finish the P.U.D. It is felt that a townhouse structure is the optimal use for Lot H. As illustrated on the attached concept plan, Lot H can comfortably accomodate a 4—unit structure sited to compliment the adjacent structures. The proposed structure will be similar to the rest of the Ivy Hill P.U.D. in design and materials. The site will be landscaped with hardy and attractive plant materials, subtle landforms, a pedestrian walkway from the street and a driveway from Ivy Hill Drive. Guest parking as well as resident parking will be contained on the site. The remaining unused portion of the Lot H, along Butler Avenue (approximately .41 acres) will be dedicated to the City for park purposes. The exact boundary shall be as jointly acceptable. Ivy Hill P.U.D. Amendment April 30, 1984 — page 2 CHARACTER OF THIS PROPOSAL Number of proposed structures (Lot H): 1 Number of proposed units (Lot H) 4 Proposed final unit count of P.U.D. 84 Area of Lot H 1.6718 acres Density of Lot H 18,206 sq. ft./unit Park Dedication (additional) Approximately .41 acres i Utility service (sanitary sewer & water) Existing service from Ivy Hill Drive Lot H Parking Provisions: Guest Parking (1 per unit) 4 In Garages (2 per unit) 8 Garage Apron (2 per unit) 8 Total spaces (maximum) 20 PLANNING REPORT DATE: 24 July 1984 CASE NUMBER: - 84-04 APPLICANT: Clapp - Thomssen LOCATION: Southwest Corner of Butler and Ivy Hill Drive ACTION REQUESTED: Amendment to PUD PLANNING CONSIDERATIONS: 1. Ed Clapp of Clapp-Thomssen Real Estate Company proposes an amendment to the original PUD establishing the Ivy Falls Townhouse Development so as to allow for the construction of four (4) townhouse units on a property known as Lot H. Attached is a drawing submitted by the applicant indicating the location of Lot H in relationship to the other parcels ---in the original development. Lot H was originally intended as a private open space as part of the original Planned Unit Development platted and approved in 1965 in accordance with a plan prepared by Grover Diamond Associates, Architects. 2. A regional survey of the land done in June 1965 by James Kurth, surveyor, showed a land area of 1,352,400 square feet. Dividing that land area by 15,000 square feet per unit equals 90 units which were allowed in the original PUD. A copy of this survey is in the City's files. This PUD was one of the first in the Twin Cities and was done in accordance with the 15,000 square foot density requirements of the single family zone as it existed at that time and as it exists today. Thus, the development was done without a rezoning but under the Planned Unit Development provisions which allow development of properties in a form other than single family, if done in accordance with the single family density requirements (15,000 square feet per living unit). 3. The original PUD consisted of seven (7) single, family units and 83 townhouses. The seven single family units were built and sold and 35 townhouses were constructed with the original development. When first constructed, the townhouses were rental units, but have since been converted to condominiums. The 35 townhouses and all the property except Lot H were sold to Urban Systems Development Corporation, a division of Westinghouse. Later USDC got a revised approval for Ivy Keep and built an additional 20 units. In March of 1979 the remaining density was sold to Eink, there being an additional 28 units approved at that time. ,Ultimately, 25 of these were built leaving three allowable units to be constructed in the total townhouse development. 4. Clapp-Thomssen proposes now to build the three (3) remaining units plus one additional unit on Lot H. The additional unit is proposed because it would appear that there is adequate space for the additional unit, and the CASE NUMBER: 84-04 APPLICANT: CLAPP-THOMSSEN Page 2 development proposes to dedicate an additional 25 foot strip of land on the north side of Lot H, contiguous to Butler Avenue, for potential City park parking expansion. 5. Attached also is a copy of a preliminary plat indicating the proposed loca.tio.n o,G four, (4) lots to -be sold with the four (4) townhouse units and the configuration of the remaining common land to be held by the association (indicated as Lot 5.). 6. We have suggested to the developers that it might be appropriate to increase the side yard setback from the westerly most unit by five (5) feet and reduce the setback by this amount on the east side (contiguous to Ivy Hill Drive). This suggestion could be made as a part of the Planned Unit Development plan consideration, and being a part of a Planned Unit Development, need not be processed as a variance. One of the purposes,of the Planned unit Development concept is to allow such flexibility in site planning, building location, access, parking, and relationship to open space created. 7. Speaking of open ,space, it should be remembered that one of the principal advantages of the original PUD was the fact that it made possible the dedication of the existing seven (7) acre park to the west of the original PUD. This was the City's first public park, and has proven a substantial asset to the neighborhood it serves. 8. One might question whether it is necessary to consider the addition of an additional unit to the original 90 units agreed to in the PUD filed in 1965. Itis, of course, not necessary to do so. The applicant merely has a right to propose, and the City has the right to accept if they feel it is in the best interest of the immediate area, and the City as a whole. The benefit to the City is that an additional family will be able to live in Mendota Heights, and specifically, in this particular environment. An additional unit will provide additional tax base. ` ' The question is does the additional unit create any adverse impacts on the development or the community as a whole. Attached you will notice is a copy of a site plan indicating the location of the units and the proposed sidewalk development and landscaping to be developed in conjunction with the construction. You will notice a walkway to be built from Ivy Hills Drive to the park. This has been requested by the neighborhood association who desire access through this property to the public park. We understand from conversation with Mr. Clapp that meetings have been held with the Ivy Falls Association and that they approve of the proposed development. We also understand that the owners of the existing townhouses immediately to the southeast endorse the proposed development program. 9. Thus, it may be construed that the additional unit constitutes no liability to the immediate neighborhood, and that there is adequate space to develop the units as proposed. CASE NUMBER: 84-04 APPLICANT: CLAPP-THOMSSEN Page 3 10. The City may wish to refer the question of the additional space for parking to the Park'Board. We understand that on occasion, there is a parking problem, which function normally occurs in the lot at the end of Butler Avenue, and sometimes on the property in question. Butler Avenue, as you know, does not extend westerly, and serves as access to the park only. HD :'a CITY OF MENDOTA HEIGHTS MEMO August 2, 1984 T0: Mayor, City Council and City jvnistrator FROM: James E. Danielson Public Works Director SUBJECT: Joe E. Johnson & Sons/Wetlands Permit Smookler Addition Case No. 84-13 Joe E. Johnson & Sons who completed a similar addition for this residence three years ago presented a Wetlands Permit application to the Planning Commis- sion at their July meeting. It was the feeling of the Planning Commission that their was no adverse affect because of this addition on the wetlands. RECOMMENDATION• Planning Commission recommended unanimously to waive the requirement for a public hearing and grant a wetlands permit to Joe E. Johnson to construct a addition to the Smookler residence. ACTION REQUIRED: If Council wishes to implement the Planning Commission and Staff's recommen- dation it should pass a motion waiving the public hearing and approving the Wetlands Permit. • CITY OF MENDOTA HEIGHTS MEMO July 20, 1984 TO: Planning Commission FROM: James E. Danielson Public Works Director and Paul R. Berg Code Enforcement Officer SUBJECT: Smookler Addition - 682 Ivy Falls Ave. Case No. 84-13 HISTORY: Joe E. Johnson & Sons Constructed a similar addition for Dr. Smookler at this location in 1981. That addition was completed very professionally with- out any problems to the wetlands associated with it. (See applicants map for Phase I). Staff has reviewed the plans for this newly proposed addition and feels that it, too, will pose no adverse affect to the City's Wetland system. RECOMMENDATION: Staff feels that this proposed addition should be possessed as a minor development under the City's Wetlands ordinance and recommend the Planning Commission waive the requirements for a public hearing. ACTION REQUIRED: If Planning Commission wishes to implement Staff's recommendation, they should review site plan with the applicant, waive the public hearing, and make recommendations to the City Council. Case No..7 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application 7- /3-- �� y Fee Paid 95- Q n -0 Applicant Name: Last First Initial Address: "19'7�j- Number & Street City Telephone Number: tag - 9d 2j Owner Name: Last 2 st State Initial -Iv 2 Zip Address: Number & Street City State Zip Street Location of Property in Question: Xka Legal Description of Property: Type of Request: Rezoning Variance r' Conditional Use Permit Conditional Use Permit for P.U.D. Minor Conditional Use Permit Subdivision Approval Plan Approval Wetlands Permit Other PLIMING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ,C1:10N REQUESTED: 24 July 1984 84-14 Joseph E. Johnson & Sons At the End of Ivy Falls Court Variance to Wetlands Setback 'P3AiVT1'�+1G CONSIDERATIONS: 41. In July of 1981 Mr. Johnson made an application for Richard A. Smookler, ` the owner in the house in uestion at 62 I Falls Court Mendota Hei hts q vY , g for a variance so as to allow for the construction of an addition to the house within 82 feet of the Ivy Falls Creek bed located to the southwest of the existing home. That application for a variance was approved. Attached to this report is a copy of that report prepared --for the 28 July 1981 meeting, as well as copies of the wetlands and topography map indicating relationships of the structures in this area (including Mr. Smookler's two Ivy Falls Creek wetlands drainage systems). 2. At the time the application was made in July, Mr. Johnson (for Mr. Smookler) also requested approval of a variance to construct a deck on the westerly side of the house as the second phase of the expansion to the Smookler's residence. The variance was not approved for that proposal at that time inasmuch as the time limit would have run out. He was advised to apply for the variance at the time construction would be proposed. Thus, the application is being made now. 3. Attached is a large scale drawing of the two additions to the house; the one originally proposed and completed in 1981, and the deck expansion proposed now (indicated as Phase II on the drawing). 4. Again, similar conditions exist as they did in the first application. You will note from the topography shown on the site plan and verified by the City's topographic maps (copy attached) that the residence is located substantially above the Ivy Falls drainage channel. One of the planned purposes, of course, of the required 100 foot setback to such a drainageway is to maintain the drainage function of the system. In this case, the home is located high above the creek and there would obviously be no impediment to the drainage function by the construction of the deck. The request then is for a variance from the 100 foot required setback, to 82 feet (the same distance as was proposed and approved in 1981 for the addition on this same side of the house. all 28 July 1981 PLANNING•REPORT CASE NUMBER: APPLICANT: LOCATION: CTION REQUESTED: CONSIDERATIONS: 3 ' 81-26 Joseph E. Johnson At the End of Ivy Falls Court (see sketch) Variance to Wetlands Setback Mr. Johnson is making the Richard A. Smookler, owner and occupant of the house at 62 Ivy Falls Court, Mendota Heights (the property in question). Mr. Smookler proposes to construct a porch on the back of his house as indicated on the attached drawing. In the future, he proposes to construct another addition on the west side of the house near the northerly end of the house. He is applying for a variance to the 100 foot setback requirement to the Wetlands Area to allow the construction of both additions desired. 2. The applicant indicates by measurement on the land that the required variance would be one of 18 feet, allowing the construction to be within 82 feet of the creek bed. Examination of the site plan submitted would indicate that the house is placed very high above the creek bed, and therefore the construction proposed would have no impact on the capability bf the creek to carry storm water at any time. 3. Attached are copies of portions of City maps indicating the location of the property relevant to other houses, the location relevant to the wetlands system; and the location on topographical mapping in that area of the City for your consideration. • 1 • sow••• aur cap — � ♦it7fii7.3.�— �• �r� ri • • • • / r •// i�V� y^\ T • �—� �" • • • • r SOMERSET COUNTRY CLUB .1. A •'•' • "' r - CASE NUMBER: 81-26 APPLICANT: Johnson WEWTWOArm ,,:• �� p, 7 ACTION: Variance to Wetlands Setback F• _ � � r �. PARK Yz. 4t, -j IA I of J. 't—. -Nil kF 0 14 C tj b 4 "Ot I :vu CASZ noMaZn. APPLZc,4jV7, 81-26 AC71101v. Johnson �P93.9 VA ON - .,�i 'ti's• y i .. ` � � x _ t_ --J � t � / J , - J. :!• j. � !. �� ' �__ t `+./ jam•'.• J •.� • /'., t `.` � `111..' • ;' � _ � f . i + � �C 8 S� $' .r•• : � r J 1� �f �' � / ` 1 1�1 �,. ! .�• .ice, � � 81, it CASE t NU ,: APPL7�> CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council August 2, 1984 " 0 ( FROM: Kevin D. Fraze L Cit Administ,�!at City or SUBJECT: Appointment of Randy McNamara as Volunteer Firefighter Mr. Randy J. McNamara, 2007 South Victoria Road, has applied for membership on the Mendota Heights Volunteer Fire Department. Mr. McNamara is 30 years old, and presently employed in parts handling at Republic Airlines. Because of his work schedule at Republic, he is available for daytime fire calls. Mr. McNamara has been approved for membership by the officers and members of the Fire Department. In addition, he has received a medical examination at Airport Medical Clinic, and the doctor has approved him for service as a firefighter. I met with Mr. McNamara on Monday, July 23, and concur in the recommendation that he be appointed by the Council. The Fire Department has an authorized strength of 30 firefighters, exclusive of officers. Our current membership stands at 27, and one of those is on a one-year leave of absence. ACTION REQUIRED: If Council concurs with the recommendation of the Fire Department and City Administrator, it should pass a motion appointing Mr. Randy Mc- Namara to the Mendota Heights Volunteer Fire Department. CITY OF MENDOTA HEIGHTS MEMO July 27, 1984 TO: Mayor, City Council and City Administrator FROM: Dennis J. Delmont Chief of Police SUBJECT: Organized Deer Hunt The attached memorandum from the Department of Natural Resources outlines a program for the thinning of the deer population in the Fort Snelling State Park area. Our hunting and trapping ordinance provides for this type of organized and systematic effort and their memo indicates that the program will be conducted in an efficient, humane and safe manner. RECOMMENDATION: Council approve the attached plan for a well planned, two day hunt of the deer, by trained hunters, in the Fort Snelling State Park area. P.S. Mr. Craig Cox of the Minnesota Department of Natural Resources will be at the meeting to answer any questions. It, STATE OF EPARTMENT DNR INFORMATION (612) 296-6157 OF NATURAL RESOURCES BOX 37, CENTENNIAL OFFICE BUILDING • ST. PAUL, MINNESOTA • 55155 July 19, 1984 Mr. Kevin Frazell City Administrator 750 South Plaza Drive Mendota Heights, Minnesota 55120 Dear Mr. Frazell: FILE NO. Fort Snelling State Park has a deer population problem. The deer are doing extensive damage to the Park's vegetatiofi, creating a public safety problem through increasing deer/car collisions, and are facing winter starvation. Attached is the Fort Snelling Deer Management Plan which explains in detail the problem. We are proposing to reduce deer number by sport hunting with a shotgun season. The area will be open to a limited number of hunters who will receive special training prior to hunting. In order to hold such a deer hunt, a permit is needed from your City, since your firearm ordinance doesn't allow for deer hunting with shotguns. The permit is needed for November 17 and 18, 1984, limited to only those people holding a special deer permit valid for the Park hunt. If further information or explanation is needed, please contact Craig Cox, Regional Resource Specialist, at 296-8949 or Frank Knoke, Environmental and Land Acquisition Specialist, at 296-6226. Attachment Sincerely, /ose"ph N. Alexander Commissioner AN -EQUAL OPPORTUNITY EMPLOYER DEER MANAGEMENT PLAN Fort Snelling State Park Management Philosophy Deer management at Fort Snelling State Park begins with the premise that White-tailed deer are a valuable park resource. The chance to see and learn about deer'enriches the experience of many of our park visitors. This is especially true in an urban environment where the opportunity to see wildlife is limited. On the other hand, deer at high population densities can have serious adverse effects on the park and on surrounding property. They can seriously damage woody vegetation. They can interfere with normal forest development. They can damage expensive landscaping and they can become a hazard to motorists. The goal of our -'management program is two fold. First, to maintain deer numbers at a level that provides aesthetic, educational and recreational opportunities to park visitors and second to prevent deer numbers from reaching levels that cause serious damage to park vegetation and unacceptably increase the hazard to passing motorists. Tho Prnhlam Based on annual deer censuses, surveys of park vegetation and analyses of the frequency of deer/car collisions, we conclude that deer have reached unacceptably high densities. Damage to park vegetation has become serious and the frequency of deer/car collisions is increasing. The deer population is at a level where severe losses to starvation can be expected during a severe winter. The data on which these conclusions are based are presented below. I. Deer Population Estimates Helicopter censuses of deer in the Fort Snelling area have been conducted every year since 1978, except for 1981 when lack of snow cover prevented us from obtaining a reliable estimate. The results of these censuses are displayed in Figure 1. -z- �"""'DEER CENSUS DATA 1978 -- 1984 DENSITY (FT. SNELLING & ADJ. AREAS) DENSITY 50 45 40 35 30 25 20 15 10 5 0 AERIAL SURVEY DATE FIGURE 1 The estimates of density given -in the figure -are arrived at by assuming 70% of the deer actually present at the time of the census are seen, and by excluding the area of open water in calculations of density. Studies conducted by Division of Wildlife personnel indicate that only 75% of deer actually present are seen under the best conditions. Our own tests suggest that under some conditions we may see substantially less than 75% of the deer present. The numbers -in -the figure are probably conservative estimates of the true population of deer in the Fort Snelling area. Deer densities have fluctuated from year to year within the park but with a gradual trend toward increasing densities. Densities greater than 40 deer/mi.2 have been experienced since at least -1979. The data for Fort Snelling State Park, Long Meadow Lake and Black Dog taken together show the same basic pattern. It is clear that such high population densities have been the rule rather than the exception in the Fort Snelling area since 1978. b II. Deer Impact on Vegetation During the winter of 82-83, a pilot project to assess the impact of deer on park vegetation began. The results of the pilot project suggested the technique used was producing valuable data so the program was expanded in the winter of 83-84. The vegetation surveys were run once a month beginning in November and ending in March. The numbers in Figure 2 are the ratio of browsed to' unbrowsed twigs expressed as a percent. A browse rate of 50%'means that half of all the twigs available to deer have been browsed. A figure of 100% means that all twigs available to deer have been browsed. The data displayed in Figure 2 depict a gradually increasing use of woody plants during the course of the winter. 'By the end of the season., deer use of available woody plants was great with nearly—all species over 80% utilized and several species 100% utilized. This is very heavy FORT SNELLING BROWSE SURVEY 1983-1984 PERCENT TWIGS BROWSED Z TWIGS BROWSED Ioo 90 e0 70 60 50 40 30 20 MONTH SURVEYED FIGURE 2 -4 - pressure. The results from the surveys in 82-83, although partial, _ oo- suggest the same rate of use. The deer population estimates suggest this rate of use has been experienced for some time. Field surveys indicate such high levels of use are common to all areas of the park and not limited to those areas surveyed. This heavy and sustained browsing is having two major impacts on park vegetation. First, deer use of apparently preferred species such as red -osier dogwood and willow (several species of willow are probably involved) is heavy. Some of these species reached 90% utilization by January. By March, they were browsed back to stubs. Both dogwood and willow should be much more prevalent than they are now. It appears that deer are having a significant negative impact on the distribution and abundance of these species. Second and of more long-term significance is the impact of deer pressure on forest development. Silver maple, green ash, cottonwood and black willow are the major tree species in the floodplain forest. All of these species should be reproducing themselves under present conditions. The surveys to date suggest they are not. When seedlings are present they are heavily browsed. Although existing data are not conclusive, they strongly suggest that doer at present levels are having a significant adverse impact on natural forest development in the park. In addition to this serious vegetation damage, the herd is in danger of experiencing catastrophic losses during a severe winter. During the winter of 81-82 deer at Fort Snelling National Cemetery starved in large numbers. The rate at which deer were using cemetery vegetation at the point starvation began is similar to the rate of use found in the park at present. III. Deer/Car Collisions Figure 3 illustrates the number of deer killed in collisions with autos in the -.area immediately surrounding the park. The number of deer processed by conservation officers has varied from year to year, although a gradual upward trend is indicated, especially since 1979. -5— DEER/CAR COLLISIONS 1974 -- 1981 FORT SNELLING AREA NO. OF COLLISIONS 70 60 50 40 30 20 10 0 YEAR FIGURE 3 NO. OF COLLISIONS ,� METRO AREA 14W DEER -AUTOMOBILE COLLISIONS 100 1a o 11a0 low 900 too 700 000 s00 400 200 100 1974 1976 tm 1173' N7/ 1971 Im 1991 1912 FIGURE 4 -6 - If one looks at the same data for the metropolitan area as a whole, the upward trend is even more clear. Figure 4 shows a gradual increase in collisions since 1974 with a dramatic increase in collisions since 1979: Figure 5 compares the'increase in deer/car collisions since 1974 to increases in traffic flow during the same period. Deer/car collisions have increased at a much greater rate than traffic has increased due probably to an increasing metropolitan deer herd and the continuing development of what was formerly deer habitat. These data indicate that deer are coming into conflict with motorists more and more frequently in the metropolitan area and in the vicinity of the park. The hazard to motorists has been increasing and can only be expected to worsen unless action is taken. METROPOLITAN AREA PERCENT CHANGE FROM 1974 *�� 2"„L YEAR FIGURE 5 Proposed Solution The Department of Natural Resources, in conjunction with the'U.S. Fish and Wildlife Service, is proposing to reduce the deer population in the Fort Snelling area to approximately 20 deer per square mile. We are proposing a two-day hunt (weekend) during the last weekend of the state firearms season (November 17 and 18). V h Firearms have proved to be the only effective means of significantly reducing deer numbers in past hunts in state'parks. Therefore, we are proposing that the weapons used'be a combination of bows and arrows and shotguns (slugs only), with bow and arrows used within the highly developed main use area of the park west of the Minnesota River and shotguns used in the less developed area of the park east• of the Minnesota River. For hunting purposes, the park would be broken into three zones as shown on the attached map. Zone F1 would be shotgun (slugs only) with 40 permits issued for this zone. Zone F2 would also be shotgun (slugs only) with 10 permits issued for this zone. Zone F3 would be bow and arrow only with 30 permits issued for this zone. Each zone would have a separate access point through which all hunters would check in and out. White tailed deer of either sex would be the only legal gine. Hunters would be strongly encouraged to take does. All hunters would be required to attend a hunter orientation session conducted jointly by the Department of Natural Resources and the U.S. Fish and Wildlife Service. All hunters would be required to hunt from portable deer stands and would be required to wear blaze orange or red clothing (including archery hunters). News releases, signing and other methods would be used to inform the public that a hunt would be held in the park. Patrolling of hunting zones and enforcement of special hunting regulations would be done by law enforcement officers. The park would be closed during the hunt. is ' "` � tp '� .z± Jr: .p s•' � r �••.yr .a,•.'��'1A;In �+`tt"t}��i�i" ,9��'��lQ.� 5i�"�f�j;i.� ll •\ •;��; }�•, .111.!'' ] i 6 .iP. ' 700 FACILITIES �Q� Information © Historic Fat Snelwy FIcnoc Area - 41. Beach © Boat Landing y t10 Canoe larktrrg `�.- �' ��.� �'�C Lab ,''1. `• 1�•, �, 1 . 1 �.� tnterpreuve Center Parking .•,ti,` `j �\ �' ��r 1 i © Shelter © Polo G,. dS : o '► Cin 0.0 Late Q Goll Corse +"c 9 •� 0 Santaten ew,:N,, orrrair PRNATE PROPERTY •nor. rew+n we PuDhC Use Prom R. 5 "y':. •� , i . SCALE _�� i'.o., :'t�=:�+.t�• , MILES tNSE7 SCALE % •� i MLLES Gun cAb '•„if•'• i J f� lel !or'C AAeeou+Y leb tot ow M. :.•` • ,1+'f .. •r (•;r �/+ '---- _ ---�_ - Ott t..�?t'-��z.'y..�G .• �rar �-, r�t�'•'�•j`r ��,/ .• k ora+ > - —61 tit PKE ISLAND POW LA* • ,:., :.�,k�.:,. fes. Fort Snel)1.�,� ng State' Park ••* .; /• CITY OF MENDOTA HEIGHTS MEMO August 1, 1984 TO: Mayor and City Council /� FROM: Kevin D. Fraze��v d City Administrator RE: Extension of Transport Drive INTRODUCTION: Attached is the staff report from the meeting oil- 17, 1984 con- cerning the possible future extension of Northland/Transport D�.Tve. As you will recall, this issue was raised by Mr. Ralph Linville, who requested a building permit for a commercial structure at SW corner of Pilot Knob and Perron Roads. Council delayed action to August 7th, so that the other major property owner to be affected, Pabst Meat Supply, could be contacted. DISCUSSION: As outlined in the attached case report, City Planner Howard Dahlgren argues that Plan A, the road alignment through the subject property,is the best long-range development scheme for the business park. The staff, including Dahlgren, met with Timothy Pabst of the Pabst Meat Supply Company, in hopes that their development plans might accentuate the plans by Northland/Transport Drive and the plan of Ralph Linville. However, the Pabst family has informed us that they do not wish, at this time, either to subdivide their property, or sell off any portion of it. Rather, they are interested only in holding the property as is or selling the entire parcel. They are not willing to commit to any particular future development plans. Since no readily apparent solution came out of our discussions with the Linville and Pabst interests, we are left with the dilemma of how to proceed. If we decide to implement the road alignment envisioned in Plan A, the City would have to proceed to acquire a ti.tle°easement through the subject property. Treasurer Larry Shaughnessy indicates this could be done through the tax increment district. If we do not wish to proceed in that fashion, we would need to indicate approval for Mr. Linville to proceed with building plans for the site. ALTERNATIVES: 1. Proceed with acquisition of the property necessary to allow ultimate construction of Plan A. 2. Make no decision or road alignment at this time, and indicate approval for Mr. Linville to proceed with building plans. 3. Delay any decision, pending review and comment by the Planning Commission. RECOMMENDATION: Staff has mixed feelings as to whether the desireability of the Plan A alignment is such that we want to prevent Mr. Linville from development, and expend City funds for right-of-way acquisition for a road not needed at this time. Yet, we also do not want to make a decision that we might later live to regret. Therefore, staff recommendation is for Alternative 3, to send the matter to the Planning Commission for their review, comment and input. CITY OF MENDOTA HEIGHTS M E M 0 July 27, 1984 TO: Mayor, City Council, and City�inistrator FROM: Gene Lange Fire Marshal SUBJECT: Proposed Ordinance Establishing a Fire Prevention Code Introduction The Fire Department has at the present time about seven multiple residential -buildings in its fire district. Except for the Colonial Club apartments in Lilydale the units are mainly owner occupied. The constuction-.of the 165 rental units on Lexington Avenue and the poss- ibilty of future rental units requires the establishment of a fire prevention code. History and Background:-. The request for this ordinance is based on the experiences.of neigh- boring cities with rental apartment units. The department's concern at this time involve two areas. The first is the use of barbecues on the ® wood framed balconies or patios and the second deals with the storage of gasoline and other flammable liquids on balconies and underground garages. The condominiums and other multiple units we now protect have not been a problem to the department as far as barbecues and flammable liquids are concerned. They are either all masonry construction, have no balconies, .,or are controlled by the condominium rules and regulations. We did have one gas barbecue explode in the courtyard.of a townhouse several years ago. The resulting fire caused several thousand dollars in damage. However, this ordinance would not apply to the design of the building. Di gnnGGinn Considering the size and frame construction of the Lexington Apartments and the possibility of future constuction we feel that it is time to estab- lish a fire prevention code for multiple dwelling units. More study will be needed before additional sections are added to this ordinance. Alternatives Rely on the management of the apartment complex to -control this matter. Recommendation Council approval of this, the beginning of a comprehensive fire preven- tion code. Action Required Passing the ordinance as written or amended. 0 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. Codified as Ordinance No. AN ORDINANCE ESTABLISHING A FIRE PREVENTION CODE FOR MULTIPLE DWELLINGS AND PROVIDING FOR PENALTY FOR VIOLATION THEREOF SECTION 1. FIRES OR BARBECUES ON BALCONIES OR PATIOS 1.1 No person shall construct, erect, install or use any incinerator or barbeque, nor kindle or maintain any open flame, charcoal or other material on any balcony or patio which is attached to, or within 15 feet of, any townhouse, condominium or apartment building in which there are two or more separate living units on more than one level unless the separate living units each has its own means of ingress and egress or unless the entire building and patio or balcony is constructed of non-combustible materials such as concrete or masonry. 1.2 No person shall store any fuel, barbecue, torch, or other similar heating or lighting chemicals or devices in either of the above places.. SECTION 2. FLAMMABLE AND COMBUSTIBLE LIQUIDS 2.1 Class I, II or III -A liquids shall not be stored near exits, stairways or areas normally used for the egress. 2.2 The storage of Class I, II or III -A liquids in closed containers shall comply with the following occupancy schedule except that the Fire Chief may impose a quantity limitation or require greater protection where, in his opinion, unusual hazard to life or property is involved or he may authorize increase of these amounts where the type of construction, fire protection provided or other factors substantially reduce the hazard: A. Dwellings and apartment houses containing not more than three dwelling units and accompanying attached or detached garages. Storage other than fuel oil prohibited, except that which is required for maintenance or equipment operation which shall not exceed 10 gallons. Such liquids shall be stored in metal closed containers or safety cans. B. Apartment houses containing more than three dwelling units. Storage is prohibited, except that which is required for maintenance and operation of building and operation of equipment. Storage in excess of 10 gallons shall not be allowed. C. The storage of Class I, II or III -A liquids in any amount, or their empty containers, in the underground garages or storage areas is prohibited. SECTION 3. ENFORCEMENT 3.1 The Chief of the City Volunteer Fire Department or such members of the Volunteer Fire Department as authorized by him, shall enforce the provisions of this ordinance. 3.2 The Fire Chief may recommend the employment of technical inspectors, who, when such authorization is made by the City Council shall be selected on the basis of their expertise and experience. SECTION 4. PENALTIES 4.1 Any person operating or maintaining any occupancy or premises subject to this ordinance who shall permit any fire hazard to exist on premises under his control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the chief or his duly authorized representative shall be guilty of a misdemeanor. 4.2 For purposes of this ordinance, the term "misdemeanor" means a penal offense or crime which the Council is empowered to punish with fine or imprisonment, and a petty misdemeanor as defined by State Law. 4.3 Any person who violates a provision of this ordinance is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of -mot more than $500 and imprisonment for a term not to exceed 90 days, or both. Each act of violation and every day on which a violation occurs or continues is a separate violation. SECTION 5. This ordinance shall be in full force and effect from and after its publication according to law. Enacted and ordained into an Ordinance this ATTEST: Kathleen M. Swanson City Clerk 7th day of August, 1984. CITY COUNCIL CITY OF MENDOTA HEIGHTS By. Robert G. Lockwood Mayor U CITY OF MENDOTA HEIGHTS 011111 E1 49 ]- August 3, 1984 TO: Mayor, City Council and City Adm' istrator FROM: Richard Ploumen Public Works Superintendent SUBJECT: Meter for Utility Department INTRODUCTION: On July 1, 1984, the Employee Right to Know Law and the Employee Right to Refuse To Work Law became effective. This law pertains to employees working with hazardous substances or harmful physical agents. nTQPTTQQTOM - One of our concerns in the hazardous substance part of the law is the unknown vapors and gases that can form in the lift stations and manholes. To combat this we need to have a meter that can be lowered down a manhole or lift station to detect gases and vapors that might be present in the system. RECOMMENDATION: I have checked on two meters available on the local market that would be adequate for our daily work. Both meters would do the approximate same tests. I would recommend the Gastech Model GX82 triple range monitor from Continental Safety of St. Paul for $1500 compared to the Gasponder unit from Viking Safety for $2000. ACTION.REQUIRED: Should Council concur with the above recommendation a motion should be made authorizing the purchase. Purchase of this meter would be from the operating supply account of the utility budget. CITY OF MENDOTA HEIGHTS MEMO C 0 r August 2, 1984 TO: Mayor, City Council and City Admix FROM: James E. Danielson Public Works Director SUBJECT: Cray Research Storm Water Problem HISTORY: The City has a 54" storm water pipe that is located on an easement between Cray Research and Circle Air Freight off Northland Drive. That pipe empties onto the surface adjacent to a blacktop access drive that has City sanitary sewer pipes under it. Because of the proximity of this storm water outlet to the service road there has been continual maintenance problems associated with it. (See map on back). DISCUSSION: This summer because of the heavy rains in June the road has been severely eroded and now the City's sanitary sewer force main has been uncovered. The erosion from another heavy rain could make the access road impassable and damage the City sanitary sewer lines. Staff feels that gabion structures need to be built to protect the service road and sewer lines. This work is -beyond the capability of the City's maintenance staff. Staff has therefore requested bids from several contractors who are capable of installing gabions. Only one bid was returned, that of Scherff Contracting. Scherff's bid of $3,310 is within the 1984 budgeted amount for storm sewer repair. It takes approximately 2 weeks to receive gabion baskets after ordered so staff, because of the emergency nature of the work has directed Mr. Scherff to order the baskets RECOMMENDATION• Staff recommends Council concur with the need for this repair work and allow Scherff contracting to complete the work for their bid amount. ACTION REQUIRED: If Council wishes to implement the staff recommendation it should pass a motion awarding a Purchase Order to Scherff Contracting to place 20 cubic yard of gabions at the Cray Research storm water outlet. 1 5q - Al— I T 09C C,U C:p ul Cl T, 0, E r Ej 1 r V .wF Fr CEN ul O Pr T.4 J3,�6 33 C;tl tK 0 to 40' CCONC 1`4 0IA 14 T u A4 I N n C, �-IRF4CF sr L U r CITY OF MENDOTA HEIGHTS RL I July 31, 1984 �Zfi TO: Mayor, City Council and City Yrffinistrator FROM: James E. Danielson Public Works Director SUBJECT: Lawrence Shaughnessy Easement DISCUSSION: Mr. Shaughnessy owns the land west of and abutting Wachtler Avenue which is presently being extended south to serve the new Gryc development now under con- struction. At the north end of this extension where the road takes off from existing Wachtler Avenue there`Sa home (Christofferson's) which is located within 30 feet of the centerline of Wachtler. To keep this home properly setback from a City street, Wachtler Avenue had to be shifted westerly. This westerly shift put the entire right of way in that area on Mr. Shaughnessy's property. Mr. Shaughnessy is willing to dedicate all the right of way needed for the project at no charge if he can retain the building density lost for that part of the right of way in excess of a 30 foot strip along the east line. (See "Parcel B" on map on back) RECOMMENDATION: Staff feels that this is a reasonable request and recommends Council grant approval. ACTION REQUIRED: If Council wishes it implement staff's recommendation they should pass a motion directing staff to prepare an easement with Mr. Shaughnessy allowing for his future development to occur utilizing an extra 9,070 square feet of land (area lost to excess right of way). AUDITi RS SUB.N0. ! 7—}---- CITY PARK �CTIO�! EASEMENTS LAND — 50, — —TEMPORARY._ CONS +R :;4 PARCEL iB"' ,%l', `; PLC' ,, .� 1 tC W AUDITORS SSD. NO. 3 EASEMENTS FOR WACHTLER At M- 4313 w CITw Y OF MENDOTA HEIGHTS Ifo 5.0 rra ori.. Nem.I l i I Mir �I E V E R G R E E N tC W AUDITORS SSD. NO. 3 EASEMENTS FOR WACHTLER At M- 4313 w CITw Y OF MENDOTA HEIGHTS Ifo 5.0 rra ori.. Nem.I l i I Mir CITY OF MENDOTA HEIGHTS MEMO /� � July 31, 1984 TO: Mayor, City Council and City ahnistrator FROM: Edward F. Kishel City Engineer SUBJECT: Assessment Roll Kingsley Estates Job No. 8314 Improvement No. 83, Project No. 5 INTRODUCTION• The Kingsley Estates sewer and water project is now complete. Total project costs have been determined and an assessment roll as been prepared. nTqrTTCQTnM- The project consists of 24 units. The developer, Dodd Construction Company, has requested that all costs be shared equally by the 24 units. No other proper- ties are involved in the assessment procedure. The utilities are installed on easements with internal streets to be privately owned and maintained by the property owners. RECOMMENDATION: Staff recommends that a public hearing on the attached assessment roll be held on Tuesday, September 4, 1984, at 8:00 o'clock P.M. ACTION REQUIRED• If Council concurs, it should adopt the attached Resolution No. 84- , Resolution Calling For Hearing on Assessment Roll For Kingsley Estates Improve- ments (Improvement No. 83, Project No. 5), as recommended above. City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 84— RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR KINGSLEY ESTATES IMPROVEMENTS (IMPROVEMENT NO. 83, PROJECT NO. 5) WHEREAS, contracts have heretofore been let for the construction of the following described improvements: The construction of sanitary sewer, storm sewer, water improvements to serve the Kingsley Estates Planned Unit Development (which improvements have heretofore been known and designated as Improvement No. 83, Project No. 5). and WHEREAS, the construction of said improvements has been substantially completed; and WHEREAS, the City Clerk, with the aid and assistance of the City Engineer, was previously directed by the City Council to prepare the assessment roll for the above described improvements; and WHEREAS, the City Clerk has notified the City Council that a proposed assessment roll for the above described improvements has been completed and filed in her office for public inspection. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That a public hearing on said proposed assessment roll shall be held at the Mendota Heights City Hall at 750 South Plaza Drive, in the City of Mendota Heights, on Tuesday, September 4, 1984, at 8:00 o'clock P.M. 2. That the City Clerk, with the aid and assistance of the City Attorney, is hereby authorized and directed to prepare and attend to the publication and mailing of the necessary notices of said hearing, all in accordance with the applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this 7th day of August, 1984. CITY COUNCIL CITY OF MENDOTA HEIGHTS By ATTEST: Kathleen M. Swanson City Clerk Robert G. Lockwood, Mayor ASSESSMENT PE OD Sanitary Sew - Watermains - 19 Storm Sewers - 19 CITY OF MENDO- HEIGHTS 19 years ASSESSME ZOLL years KINGSLEY ESTATES years IMPROVEMENT NO. 83-5 JOB NO. 8314 ADOPTED ASSESSMENT "ES San. Swrs. - 18,, A per lot San. Services- 394.13 per lot; Water Mains - 1733.72 per lot Wtr. Services- 726.18 per lot Storm Sewers - 834.39 per lot PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SANITARY SANITARY WATER I WATER STORM TOTAL 10. DESCRIPTION NO. NO. SEWERS SERVICES MAINS SERVICES SEWERS t 27-41900- Dodd Construction Company Kingsley Estates 2 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 020-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 3 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 030-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 4 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 D40-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 5 1 1847.56 394.13 '1733.72 726.18 834.39 5535.98 050-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 6 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 060-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 7 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 070-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 8 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 080-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 9 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 090-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 10 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 100-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 T PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SANITARY SANITARY WATER WATER STORM TOTAL NO. DESCRIPTION NO. NO. SEWERS SERVICES MAINS SERVIC SEWERS , 27-41900- Dodd Construction Company Kingsley Estates 11 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 110-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 12 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 120-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 13 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 130-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 14 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 140-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 15 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 150-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Paul N & Irene S. Rifkin Kingsley Estates 16 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 160-01 1154 Kingsley Court Mendota Heights, MN 55118 27-41900- Dodd Construction Company Kingsley Estates 17 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 ,170-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 18 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 180-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- David W. & Jane Freeman Kingsley Estates 19 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 190-01 1166 Kingsley Court Mendota Heights, MN 55118 27-41900- Dodd Construction Company Kingsley Estates 20 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 200-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SANITARY SANITARY WATER WATER STORM TOTAL ° NO. DESCRIPTION NO. NO. SEWERS SERVICES MAINS SERVIC SEWERS 27-41900- Dodd Construction Company Kingsley Estates 21 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 210-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 220-01 4917 Rolling Green Pkwy. t22 Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 23 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 230-01 4917 Rolling Green Pkwy. ' Minneapolis, MN 55436 , 27-41900- Dodd Construction Company Kingsley Estates 24 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 ,240-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 27-41900- Dodd Construction Company Kingsley Estates 25 1 1847.56 394.13 1733.72 726.18 834.39 5535.98 250-01 4917 Rolling Green Pkwy. Minneapolis, MN 55436 CITY OF MENDOTA HEIGHTS MEMO July 30, 1984 T0: Mayor and City Counci IZP'�— FROM: Larry Shaughnessy Treasurer SUBJECT: Airport Noise Resolution HISTORY: Since our resolution was submitted to MASAC on June 26, the Operations Committee of MASAC has met twice to review and study departures on Runway 11 from the airport. At a meeting on July 12th, the Committee studied the departure headings, and with tower cooperation, elected to revise such headings which would include a visual departure separation, weather permitting, at a runway heading of 115 degrees to 105 degrees. The heading of 90 degrees would be used only under IFR conditions when ceiling was less than 5,000 feet with visability of less than 5 miles. Once the new procedure was in place, MAC staff monitored the departures on July 19th and 20th to determine flight tracts and the type of aircraft along with noise impact. The results of this monitoring are shown on the attached sheets. It will take some time to train all tower crews on this new heading instruction, however it appears that on the dates monitored a good com- pliance has been achieved. The MAC staff will submit a more in-depth study of the results as additional monitoring is done and report back to the Operations Committee in late August or early September. From my daytime observations, the condition under VFR conditions has improved considerably and we should continue our vigilance. ACTION: A thanks to Tower, MAC and MASAC Operations Committee for their prompt action and continued reinforcement of the departure. Perhaps with in- creased attention to night operations. Attachment GROUND SPOTTER Eagan Coca Cola Plant Total Number Date Hours Number of South of Aircraft Coca Cola Plant 7-19-84 1400-1630 58 141 (24.10) 7-20-84 0900-1630 146 132 (8.9%) 1 3 NW 8727 1 RC DC9 8 private propeller 2 commuter twin engine 2 2 RC C580 1 NW B727 10 private propeller GROUND SPOTTER Three Mile Turn Point (.2 miles north of Highway 55 on Lexington) Date Time Total Number Number Turning before 3 Mile Point of Aircraft (South) North 7-19-84 1400-1630 61 51 (8.2%) 82 (13.1%) 7-20-84 0900-1630 133 23 (1.5%) 14 (.7%) 1 2 Midstate twin engine 2 Commuter twin engine 1 NW 8727 2 4 private twin engine 1 NW 8727 1 RC DC9 1 CO DC10 3 2 private twin engine 4 1 private twin engine U I AIRCRAFT GIVEN 0900 HEADING Departures on 11L and 11R Date Time Tota•1 Number Number Issued 0900 on Takeoff 7-19-84 1400-1630 51 2 1 (3.9%) 7-20-84 0900-1630 161 12 2 (7.5%) 1 1 private twin engine 1 commuter twin engine 2 3 RC 0580 1 RC 8727 1 NW 8727 1 private single engine 6 private twin engine SIMULTANEOUS MONITORING RELATIVE NOISE LEVELS TIMBERLINE (X-38) CURLEY ADDITION (S-42) Timberline Curley Addition DATE TIME Decibels Decibels L10 LEQ L10 LEQ 7-19-84 1400 67 67 66 67 7-19-84 1500 64 63 59 58 7-20-84 0900 -- -- 64 67 7-20-84 1000 52 58 63 63 7-20-84 1100 6o 61 66 65 7-20-84 1200 62 62 65 65 7-2o-84 1300 -- -- 66 67 7-20-84 1400 65 67 72 74 7-20-84 1500 55 53 63 62 AVERAGE 60.7 61.6 64.9 65.3 f AIRCRAFT ALTITUDE Departures on 11L, 1111 .July 25, 1984 1409 - 1432 Altitude at Avalon and Eagandale Blvd. AIRLINE A/C TYPE RUNWAY TIME (MSL) (AGL) NW 8727 1111 1409 2500 1600 RC C580 11L 1412 2000 1100 NW DC10 11R 1415 2200 1300 RC DC9 111- 1418 2300 1400 RC 8727 1111 1420 2200 1300 RC DC9 11L 1421 2700 1800 RC C580 111- 1422 1800 900 AA 8727 11R 1423 2500 1600 RC DC9 11R 1424 2600 1700 RC DC9 11L 1425 2300 1400 RC DC9-80 111- 1426 3100 2200 Priv Saberliner 111- 1429 2600 1700 7 DC9 11R 1429 2600 1700 NW 8727 111- 1430 2100 1200 RC DC9 11R 1432 2000 1100 AVERAGE ALTITUDE 2366 1466 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. a (Codified as Ordinance No. 1403) AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUORS SECTION 1. DEFINITION OF TERMS 1.1 Church - A building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God. 1.2 Club and Bona Fide Club - Shall be the same as defined in the laws of the State of Minnesota, M.S.A. Chapter 340, amended. 1.3 Exclusive Liquor Store - An establishment used exclusively for the sale, at retail, of intoxicating liquor, non -intoxicating liquor, non -intoxicating malt beverages and soft drinks off sale and under the control of an individual owner or manager. Sales of ice, cigars, cigarettes and all forms of tobacco shall be permitted in an exclusive liquor store subject to the provisions of applicable City licensing ordinances. 1.4 Fiscal Year - The twelve (12) month accounting period used for accounting and income tax purposes. 1.5 Hotel and Motel - Any establishment having a resident proprietor or manager where, in consideration of payment therefore, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 50 guest rooms with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk and office for the registration of its guests on the ground floor; which employs an adequate staff to provide suitable and usual service; and which maintains under the same management and control as the rest of the establishment and has an integral part thereof, a dining room with appropriate facilities for seating not less than 100 guests at one time, where the general public is, in consideration of payment thereof, served meals at tables. 1.6 Intoxicating Liquor - Ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent alcohol by weight. 1.7 Manufacturer - Every person who by process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquors for sale. 1.8 Minor - Any person who has not attained the age of 21 years. 1.9 Off -Sale - The sale of intoxicating liquor in the original package in exclu- sive liquor stores for consumption off or away from the premises where sold. a t LIQUOR ORDINANCE -2- 1.10 On -Sale - The sale of intoxicating liquor by the glass, bottle or by the drink for consumption on the premises only. 1.11 Package or Original Package - Any corked or sealed container or receptacle holding intoxicating liquor. 1.12 Person - A natural person of either sex, a partnership, corporation, any other entity and any other association of persons, and the agent(s) or manager(s) of any of the aforesaid. The singular number includes the plural and the mascu- line pronoun includes the feminine and neuter. 1.13 Restaurant - Any establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities to serve meals, for seating not less than 200 guests at one time, and where in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs adequate staff to provide for the usual and suitable /services to its guests, and the principal part of the business of which is the serving of foods. 1.14 Sale and Sell - All barters and all manners or means of furnishing intoxica- ting liquor or liquors as above described whether or not in violation or evasion of law and also include the usual meaning of the terms. 1.15 School - Any public, private or parochial school where grades One through Twelve are taught, and, as used herein, the term "School" shall not include any "Day Care Facility." as that term is defined by Minnesota Statutes, Sec- tion 245.782, Subdivision 5. 1.16 Wholesale - Any sales of intoxicating liquor for purposes of resale. 1.17 Wholesaler - Any person engaged in the business of selling intoxicating liquor to retail dealers. 1.18 Wine - A vinous beverage containing not more than 14% alcohol by volume. , SECTION 2. LICENSE REQUIRED 2.1 No person, except wholesalers or manufacturers to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the City, any intoxicating liquor without first having received a license to do so as provided in this Ordinance. Intoxicating liquor licenses shall be of four kinds: "On -Sale," "On -Sale Wine," "On -Sale" Club and "Off - Sale." 2.2 , "On -Sale" licenses shall be issued only to Hotels, Motels and Restaurants. 2.3 "On -Sale Wine" licenses shall be issued only to Restaurants having facilities for seating not fewer than 50 guests at one time, and shall permit only the sale of wine and shall not permit the sale of any other intoxicating liquor, for consumption on the licensed premises only, in conjunction with the sale of food. LIQUOR ORDINANCE -3- 2.4 "On -Sale" Club licenses shall be issued only to bona fide clubs which have been in existence in the City for 15 years. Such clubs shall be incorporated in order to be eligible to apply for a license, and the license shall be for the sale of intoxicating liquors to members and bona fide guests only. 2.5 "Off -Sale" licenses shall be issued only to exclusive liquor stores which ;shall be located only in B4 Zoning Districts. 2.6 Reserved. SECTION 3. APPLICATION VERIFICATION Every application for a license to sell intoxicating liquor shall be verified and filed with the City Clerk. SECTION 4. APPLICATION CONTENT In addition to the information which may be required by the State Public Safety Commissioner's form, the application shall contain the following: 4.1 Whether the applicant is a natural person, corporation, partnership or other form of organization. 4.2 Type of license applicant seeks. 4.3 If the applicant is a natural person, the following information: 4.3(1) True name, place and date of birth, and street residence address of appli- cant. 4.3(2) Whether applicant has ever used or been known by a name other than his true name; and if so, what was such name or names and information concerning dates and places where used. 4.3(3) The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Chapter 333, Minnesota Stat- utes, certified by the Secretary of State shall be attached to the applica- tion. 4.3(4) Whether applicant is married or single. If married, true name, place of birth, and street residence address of applicant's spouse. 4.3(5) Whether applicant and present spouse are registered voters and if so, where. 4.3(6) Street addresses at which applicant and present spouse have lived during the preceding ten years. 4.3(7) Kind, name and location of every business or occupation applicant or pre- sent spouse have been engaged in during the preceding ten years. LIQUOR ORDINANCE -4- 4.3(8) Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. 4.3(9), Whether applicant or his spouse or a parent, brother, sister, or child of either of them has ever been convicted of any felony, crime, or violation r, of any ordinance other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. 4.3(10) Whether applicant or his spouse, or a parent, brother, sister or child of either of them has ever owned, been engaged as an employee, or operated a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature which served either food or intoxicating or nonintoxicating liquor or other beverages. If so, applicant shall furnish information as to the time, place and length of time. 4.3(11) Whether applicant has ever been in military service. If so, applicant shall furnish information regarding the type of discharges and, upon re- quest, shall exhibit all discharges. 4.3(12) The name, address, and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxi- cating liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law or who is a brother-in-law or sisterin-law of the applicant or his spouse. 4.4 If the applicant is a partnership, whether limited or general, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in subsection 4.3 above. A managing partner or partners shall be designated. The capital and profits interest of each part- ner in the business shall be disclosed. A true copy of the partnership agreement and any amendments thereto shall be submitted with the application; and if the partnership is required to file a certificate as to a tradename under the provisions of Chapter 333, Minnesota Statutes, a copy of such certi- ficates certified by the Clerk of District Court shall be attached to the ,.,application. 4.5 If the applicant is a corporation or other organization and is applying for an "on -sale," "on -sale wine," or "off -sale" license, the following: 4.5(1) Name, and if incorporated, .,the date and state of incorporation. If the applicant is another type of organization, the date and state of creation of the organization. 4.5(2) A true copy of the Certificate of Incorporation, Articles of Incorporation, or Association Agreement and Bylaws, and any amendments to any of the foregoing; and if a foreign corporation, a Certificate of Authority as amended, and as described in Chapter 303, Minnesota Statutes. If the applicant is an organization other than a corporation, all agreements and other documents which relate to the creation, operation, management or governance of the organization, and the respective rights and obligations of the members of the organization, as well as any amendments to any of the foregoing. LIQUOR ORDINANCE 572 4.5(3) The name of the manager(s) or proprietor(s) or other agent(s) in charge of the premises to be licensed during all hours of operation, the assistant manager(s), the food manager(s), and the beverage manager(s), giving all information about said person(s) as is required of a single applicant in subsection 4.3 above. 4.5(4) Notwithstanding the definition of interest as given in Section 9.11 of this Ordinance, the application shall contain a list of all persons who singly, or together with their spouse, or a parent, brother, sister or child of either of them, directly, indirectly or beneficially, owned control in excess of 5% of any class of stock or other interest in the corporation, including any options, warrants or conversion privileges, or, if the appli- cant is an organization other than a corporation, 5% of any type of inter- est in the organization, or who are officers or directors of said corpora- tion or association, together with their addresses and all information as is required of a single applicant in subsection 4.3 of this Section, except that applications for "off -sale" shall not be subject to the 5% limitation, and shall list all persons who own or control any interest in said corpor- ation. 4.6 If the application is for an "on -sale" Club license, the following information: 4.6(1) The name of the club. 4.6(2) Date the club was first incorporated. True copies of the Articles of Incorporation, ByLaws and other similar governing documents, as well as any amendments to any of the foregoing, and the names and street addresses of all officers, executive committee members, directors and persons in similar capacities shall be submitted for each of the organizations named in sub- section 4.6(1) above. 4.6(3) Date the club was first organized and place of such organization. 4.6(4) Sworn statement that the club has been in existence for more than fifteen (15) years. The statement shall be made by a person who has personal knowledge of the facts stated therein. In the event that no person can make such a statement, satisfactory documentary proof may be submitted in support of such facts. 4.6(5) The name of the manager(s), proprietor(s) or other person(s) who shall be in charge of the licensed premises during all hours of operation together with the same information concerning such person as is required of a single applicant for an on -sale license as is set forth in subsection 4.3 above. 4.7 The exact legal description of the premises to be licensed together with a plot plan of the area showing dimensions, location of buildings, street ac- cess, parking facilities and the locations of distances to the nearest church building and school grounds. LIQUOR ORDINANCE IM 4.8 The floor number and street number where the sale of intoxicating liquors is -to be conducted and the rooms where liquor is to be sold or consumed. An applicant for an on -sale license shall submit a floor plan of the dining room, t, or dining rooms which shall be open to the public, shall show dimensions and :;shall indicate the number of persons intended to be served in each of said rooms. 4.9 If a permit from the federal government is required by the Laws of the United States, whether or not such permit has been issued, and if so required, in what name issued and the nature of the permit. 4.10 .,.;The amount of the investment that the applicant has in the business, building, -=,premises, fixtures, furniture, stock in trade, etc. and proof of the source of such money. 4.11 The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, .,stock in trade, the nature of such interest, amount thereof, terms of payment, or other reimbursement. This shall include, but not be limited to, any les- sees, lessors, mortgagors, lendors, lien holders, trustees, trustors, and persons who have consigned notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant. 4.12 The names, residences, and business address of three persons, residents of Dakota County, of good moral character, not related to the applicant or finan- cially interested in the premises or business, who may be referred to as to the applicant's character, or in the case of a manager, the manager's char- acter. 4.13 Whether or not all real estate, personal property taxes and special assess- ments for the premises to be licensed which are due and payable have been paid, and if not paid, the years and amounts which are unpaid. 4.14 Whenever the application for onsale license to sell intoxicating liquor, or .;,for a transfer thereof, is for premises either planned or under construction •,-or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the Code Enforcement Officer, no plans need to be filed with the City Clerk. 4.15 Such other information as the City Council shall require. SECTION 5. RENEWAL APPLICATION 5.1 Application for the renewal of an'existing license shall be made at least sixty (60) days prior to the date of expiration of the license and shall be made in such abbreviated form as the City Council may approve. If, in the judgment of the City Council, good and sufficient cause is shown by an appli- cant for his failure to file for a renewal within the time provided, the City Council may, if the other provisions of this Ordinance are complied with, grant the application. LIQUOR ORDINANCE -7- 5.2 At the earliest practicable time after application is made for a renewal of an on -sale license, and in any event prior to the time that the application is approved by the City Council, the applicant shall file with the City Clerk a statement made by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the twelve (12) month period immediately preceding the date for filing the renewal application. A foreign corporation shall file a current Certificate of Authority. SECTION 6. EXECUTION OF APPLICATION •:6.1 If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license, bond and insurance shall be made and issued in the name of all partners. SECTION 7. LICENSE FEES 7.1 Amount - the annual license fees shall be: 7.1(1) "On -Sale" license - $10,000.00. 7.1(2) "On -Sale" Club license - $200.00. 7.1(3) "On -Sale" Wine license - $2,000.00. 7.1(4) "Off -Sale" license - $150.00. 7.1(5) Reserved. 7.2 The annual license,fee shall be paid in full before the application for a license is accepted. All fees shall be paid into the General Fund of the City. Upon rejection of any application for a license or upon withdrawal of application before approval of the issuance by the City Council, the license fee shall be refunded to the applicant except where rejection is for a willful misstatement in the license application. 7.3 The fee for all on -sale licenses granted after the commencement of the license year shall be prorated on a semi-annual basis. 7.4 When the license is for premises where the building is not ready for occu- pancy, the time fixed for computation of the license fee for the initial license period shall be ninety (90) days after approval of the license by the City Council or upon the date the building is ready for occupancy, whichever is sooner. 7.5 No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application except as provided by subsection 7.9 of this section or as otherwise provided herein. Where a new application is filed for a transfer of license from place to place and is for premises where the building was not ready for occupancy at LIQUOR ORDINANCE we the time of the original application and the new application is filed within ninety (90) days after approval of the original license by the City Council but before a Certificate of Occupancy for the original location has been issued, no additional license fee is required and the investigating fee shall -be as specified in subsection 7.8 of this section. 7.6 No part of the fee paid for any license shall be refunded except in accordance with this section or except as may be authorized by resolution of the City Council pursuant to Minnesota Statute 340.112. 7.7 At the time of each original application for a license, except in the case of an "On -Sale" Club license and except as provided in subsection 7.5 above, the applicant shall deposit $500.00 with the City for the investigation fee. If -the investigation is conducted solely within the State of Minnesota, the fee "shall be $500.00. For investigations conducted in whole or in part outside the State of Minnesota, the City may recover the actual investigation costs, not to exceed $10,000.00. Any fees due in excess of the $500.00 deposit must be paid prior to the license hearing and before the City Council considers the application. No investigation fee shall be refunded. 7.8 At any time that an additional investigation is required because of a change in the ownership or control of a corporation, partnership, organization or other entity because of an enlargement, alteration, or extension of premises previously licensed; or because of a transfer from place to place, which transfer comes within the exception expressed in subsection 7.5 above, the licensee shall pay an additional license fee to be determined as in subsection 7.7 above. If any person not previously listed as having an interest of five percent or more of the corporation gains at least 50 percent of the ownership of the corporation, partnership, organization or other entity the additional investigation fee shall be the same as in'subsection 7.7. In all other cases, the additional investigation fee shall be $100.00. No investigation fee shall be refunded. 7.9 Where a new application is filed as a licensee and the ownership, control, changed, no additional license fee will SECTION 8. GRANTING OF LICENSES result of incorporation by an existing and interest in the license are un - be required. 8.1 All applications for a license shall be referred to the City Clerk and the Chief of Police and to such other City departments as the City Administrator shall deem necessary for verification and investigation of the facts set forth in the application. The City Clerk and the Chief of Police shall cause to be made such investigation of the information requested in Section 4.3 of this Ordinance as shall be necessary and shall make a written recommendation and report to the City Council, which shall include a list of all'viola.tons of federal or state law or municipal ordinance. The City Council may order and conduct such additional investigation as it shall deem necessary. Upon re- ceipt of the written report and recommendation by the City Clerk and the Chief of Police and within 20 days thereafter, the City Council shall instruct the City Clerk to cause to be published in the official newspaper at least ten days in advance, a notice of a hearing to be held by the City Council setting {,X LIQUOR ORDINANCE -9- forth the day, time and place when the hearing will be held, the name of the applicant; the premises where the business is to be conducted; the nature of the business and such other information as the City Council may direct. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. A license other than a renewal shall not be approved before the next regular meeting of the City Council following such hearing. 8.2 Not less than ten days nor more than 30 days after the submission of any renewal application, the City Council shall hold a public hearing. Notice of the time and place of said meeting and the fact that the renewal application will be considered shall be published in the official newspaper at least ten (10) days in advance of the hearing. Opportunity shall be given to any person to be heard for or against the granting of a renewal license. The Council shall thereafter grant or refuse the application in its discretion. 8.3 Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. With the approval of the City Council and of the State Public Safety Commissioner, a licensee may store excess stocks of intoxicating liquor in places other than the li- censed premises. The place of storage shall be located within the building in which the licensed premises is located. The location of the storage place, the length of time it is proposed to store liquor in such place, the quantity of liquor stored and removal from the storage place shall be reported in writing to the City Clerk. No license may be transferred to another person or to another place without complying with the requirements of an original appli- cation including the approval of the City Council and the Public Safety Com- missioner as required except as provided by subsections 7.5 and 7.9 of this Ordinance. 8.4 The City Clerk shall within ten days after the issuance of any license under this Ordinance submit to the Public Safety Commissioner the full name and address of each person granted a license, the trade name, the effective date, and the date of expiration of the license. He shall also submit to the Public Safety Commissioner any change of address, transfer, cancellation or revoca- tion of any license by the Council during the license period. 8.5 "On -Sale" Wine license approved by the Council shall not become effective until it, along with the security furnished by the applicant, has been ap- proved by the Commissioner of Public Safety. 8.6 'Off -Sale" licenses approved by the Council shall not be effective until approved, together with the security furnished by the applicant, by the Com- missioner of Public Safety. 8.7 Where a license is granted for premises where the building is under construc- tion or otherwise not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued and the building is ready for occupancy. LIQUOR ORDINANCE -10- SECTION 9. PERSONS INELIGIBLE FOR LICENSE No license shall be granted to or held by any person: 9.1 -Who is a minor. 9.2 Who is not of good moral character. 9.3 Who, if an individual, is not a citizen of the United States. 9.4 Who has been convicted, within fifteen (15) years prior to the application for such license, of any willful violation of any law of the United States, the -"State of Minnesota, or any other State or Territory, or of any local ordinance ' regarding the manufacture, sale, distribution or possession for sale or dis- tribution of intoxicating liquor or whose liquor license has been revoked for any willful violation of any law or ordinance. 9.5 Who is a manufacturer or wholesaler of intoxicating liquor. No manufacturer -or wholesaler shall either directly or indirectly own or control or have any -r-financial interest in any retail business selling intoxicating liquor. K•A,N+ 9.6 Who is directly or indirectly interested in: 9.6(1) Any other establishment in the City to which an off -sale license has been issued under this Ordinance. No person shall own an interest, as defined in subsection 9.11 of this Ordinance in more than one establishment or business for which an off -sale license has been granted under this Ordinance. 9.6(2) Two establishments in the City to which on -sale licenses have been issued under this Ordinance. No person shall own an interest, as defined in subsec- tion 9.11 of this section in more than two establishments or businesses for which on -sale licenses have been granted under this Ordinance. 9.7 Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. 9.8 --Who is the spouse of a person ineligible for a license pursuant to the provi- sions of subsection 9.4, 9.5, or 9.6 of this Ordinance, or who, in the judg- ment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. 9.9 No "On -Sale," "On -Sale" Wine, or "Off -Sale" license will be renewed if: 9.9(1) In the case of an individual, the licensee is not a resident of the metro- politan area at the time of the date for renewal or if the licensee has management responsibilities at any other establishment in the City to which a license has been granted under this Ordinance. 9.9(2) In the case of a partnership, the partners who according to the partnership agreement are entitled to participate in the management and conduct of the business are not residents of the metropolitan area at the time of the date for renewal or if any such partner has management responsibilities at any other establishment within the City to which a license has been granted under this Ordinance. LIQUOR ORDINANCE -11 9.9(3) In the case of a corporation, the person to whom the corporation has committed the management, general conduct, and control of the affairs of the establishment to be licensed is not a resident of the metropolitan area at the time of the date for renewal or if such person has such management responsibilities at any other establishment within the City to which a license has been granted under this Ordinance. 9.10 The time for establishing residence within the metropolitan area may for good cause be extended by the City Council. For the purpose of this paragraph, the term metropolitan area shall be the area so defined by the Minnesota Legisla- ture in M.S.A. 473.02 as of the date of passage of this Ordinance. 9.11 The term interest as used in this Ordinance includes any pecuniary interest in the ownership, operation, management, or profits of a retail liquor establish- ment including any and all classes of stock which a corporation may have issued, as well as any options or warrants for stock or conversion privileges, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishment; or an inter- est of ten percent or less in any corporation holding a license. A person who receives monies from time to time directly or indirectly from a licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining bona fide, the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonable tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. SECTION 10. PLACES INELIGIBLE FOR LICENSE 10.1 No license shall be granted or renewed for operation on any premises on which taxes, assessments, or other financial claims of the City or of the State are due, delinquent, or unpaid. In the event an action has been commenced pur- suant to the provisions of Chapter 278, Minnesota Statutes questioning the amount or validity of taxes, the Council may on application by the licensee waive strict compliance with this provision. No waiver may be granted, how- ever, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. 10.2 No "off -sale" license shall be granted to any premises located in any zoning district other than a "B-4" Shopping Center District. 10.3 No "off -sale" license shall be granted unless the premises proposed to be licensed contains the following requirements: A. A minimum of 2500 square feet on the ground floor level for sales and display area; and LIQUOR ORDINANCE -12- B. A minimum of 500 square feet of ground floor area, screened from the display area, or basement level area of the licensed premises for storage purposes. 10.4 ;a:�No "on -sale," "on -sale" wine or "off -sale" license shall be granted to any hotel, restaurant or exclusive liquor store for premises located within 1,000 feet of a School or 800 feet of any church. In the case of a School, the distance is to be measured in a straight line from the parcel or lot upon which the School is located. In the case of a church, the distance shall be measured to the nearest point of the church building. The erection of a school or church within the prohibited area after an original application has been granted shall not, in and of itself, render such premises ineligible for renewal of a license. 10.5 No license shall be issued for the premises owned by a person to whom a license may not be granted under this Ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.40. 10.6 ..'No license shall be granted for a restaurant that does not have a dining area, .. open to the general public, with a total minimum floor area of 4000 square feet or for a hotel that does not have a dining area, open to the general public, with a total minimum floor area of 2000 square feet. No on -sale wine license shall be granted for a restaurant that does not have a dining area, open to the public, with a total minimum floor area of 1000 square feet. 10.7 No license shall be granted for any place for which an intoxicating liquor license has been granted under this Ordinance. For the purposes of this subsection, the term place shall be construed to mean the confines for which a license was granted. 10.8 No license shall be granted for any place which has a common entrance or exit with another establishment except that a public concourse or public lobby shall not be construed as a common entrance or exit. SECTION:=.11. CONDITIONS OF LICENSE 11.1 Every license shall be granted subject to the conditions of the following subsections and all other sections of this Ordinance, and of any other appli- cable ordinance'of the City or State law. 11.2 The license shall be posted in a conspicuous place in the licensed esta- blishment at all times. 11.3 Every licensee shall be responsible for.the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. LIQUOR ORDINANCE -13- 11.4 No on -sale licensee shall sell intoxicating liquor off -sale, and no off -sale licensee shall sell intoxicating liquor on -sale or permit the consumption of any liquor on the licensed premises. 11.5 No license shall be effective beyond the limitations of the physical space specified in the license for which it was granted. 11.6 No intoxicating liquor shall be sold or furnished or delivered to any intoxi- cated person, to any habitual drunkard, to any minor, or to any person to whom sale is prohibited by State Law. 11.7 No minor shall be employed in a room where on -sales are made unless accom- panied by his parent or guardian or employed to perform the duties of a busboy or dishwasher or when employed as a musician. 11.8 No minor shall be employed at an off -sale liquor establishment or shall be employed to deliver or aid in the delivery of off -sale liquor. 11.9 No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises. 11.10 No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under his control to be used as a resort for prostitutes. 11.11 No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by State Law. 11.12 The granting of any license under this Ordinance shall be conditioned upon the applicant, by presenting his application for license, granting to the City, the unqualified right for any police officer, building inspector, or properly designated officer or employee of the City to enter, inspect, and search the premises of the licensee during business hours without a warrant. 11.13 No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in any original package which has been refilled or partly refilled. No licen- see shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall berp ima facie evidence that the contents of the original package have been tampered with. 11.14 No on -sale liquor establishment shall display liquor to the public during hours when the sale of liquor is prohibited by this Ordinance. 11.15 No licensee shall apply for or possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. LIQUOR ORDINANCE -14- 11.16 No licensee shall keep ethyl alcohol or neutral spirits on any licensed pre- _mise.s or permit their use on the premises as a beverage or for mixing with a beverage. 11.17:, The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City Clerk, or other duly authorized representative of the City or the City Council at all. reasonable times. 11.18 Changes in the corporate or association officers, directors, corporate char- ger, Articles or Incorporation, By -Laws, or partnership agreement, or any agreement governing any other type of organization described in subsection 4.5, as the case may be, shall be submitted to the City Clerk within 30 days ._after such changes are made. Notwithstanding the definition of interest as given in Section 9.11 of this Ordinance, in the case of a corporation or other organization the licensee shall notify the City Clerk when a person not listed in the application acquires an interest, as described in subsection 4.5, which together with that of his spouse, parent, brother, sister or child exceeds five percent or causes the sum of all such interest to increase by 5% or more ,,,and shall give all information about said person as is required of a person pursuant to the provisions of Section 3 of this Ordinance, except that "off - sale" licensees shall report any change of interest. 11.19 A restaurant shall be conducted in such a manner that the principal part of the business for a license year is the serving of foods. A hotel shall be conducted in such a manner, that, of that part of the total business attribut- able to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of foods. 11.20 Off -sale licensees shall operate their premises in such a manner that four foot wide aisles are maintained in the sales and display areas at all times. Case -lot storage and display shall not be permitted in the sales and display areas. Storage shall be adequately screened from public view and shall occur only in areas designated for storage. 11.21 No off -sale licensee, his agent or employee shall deliver any intoxicating liquor to or at any place or premises without obtaining a receipt therefore, ,,- signed by the person receiving such liquor and bearing the time, date and wplace of delivery. Such receipts shall be kept in the files of the licensee for a period of one year and such files and receipts shall be kept available for inspection by the City Clerk or designated City employee at all hours during which th& licensed premises is open for business. 11.22 At the time of application for renewal of any intoxicating liquor license, the applicant shall submit proof to the City that not less than 40 percent of the gross sales of the establishment for which the on -sale license is to be used is in the serving of food. 11.23 At the time licensee submits application for license renewal, he shall state the nature or amount of any contribution he has made for political or campaign purposes, the person to whom the contribution was made and the person or organization -for whom intended. LIQUOR ORDINANCE DIUM SECTION 12 RESTRICTED HOURS OF OPERATION 12.1 Definition - Restricted hours of operation as used herein shall mean the times when no sales or serving of intoxicating liquor shall be made in the City of Mendota Heights. jY. 12.2 Restricted hours of operation shall be as follows: Restricted Hours for On -Sale Club and On -Sale Intoxicating Liquor Establishments Monday NO sales before 10:00 A.M. Tuesday NO sales between 12:45 A.M. Through and 10:00 A.M. Thursday Friday ,,;NO sales between 12:45 A.M. and 10:00 A.M. Saturday NO sales between 12:45 A.M. and 10:00 A.M. "unday NO sales after 12:45 A.M. New Year's NO sales between 12:45 A.M. Day, Jan- and 10:00 A.M. uary 1* Indepen- NO sales between 12:45 A.M. dence Day, and 10:00 A.M. July 4* Thanks- ;. NO sales between 12:45 A.M. giving and 10:00 A.M. Day Christ- NO sales before 10:00 A.M. mas Eve, or after 8:00 P.M. Dec. 24 Restricted Hours for On -Sale Wine Establishments Restricted Hours for Off -Sale Liquor Establishments NO sales before 11:00 A.M. NO sales before 8:00 A.M. or after 10:00 P.M. or after 9:00 P.M. NO sales between 10:00 P.M. and 11:00 A.M. NO sales between 12:01 A.M. and 11:00 A.M. NO sales between 12:01 A.M. and 11:00 A.M. NO sales before 11:00 A.M. or after 10:00 P.M. NO sales before 11:00 A.M. or after 11:00 P.M. NO sales before 11:00 A.M. or after 11:00 P.M. NO sales before 11:00 A.M. or after 11:00 P.M. NO sales before 11:00 A.M. or after 8:00 P.M.. NO sales before 8:00 A.M. or after 9:00 P.M. NO sales before 8:00 A.M. or after 10:00 P.M. NO sales before 8:00 A.M. or after 10:00 P.M. NO sales NO sales NO sales NO sales NO sales before 8:00 A.M. or after 8:00 P.M. Christ- NO sales between 12:45 A.M. NO sales before 11:00 NO sales mas Day', and 10:00 A.M. A.M. or after 11:00 P.M. December 25# *NOTE: Onsale establishments may operate at appropriate hours on these days except that the hours listed herein shall not be deemed to allow the operation of an establishment onsale when otherwise prohibited by this section. On the evenings preceding such days, when not a Sunday, offsales may be made until 10:00 P.M., except that no offsales may be made on December 24th after 8:00 P.M. LIQUOR ORDINANCE -16- 12.3 No "on -sale" licensee shall permit the consumption or display of any beverages containing more than one-half of one percent of alcohol by volume on his premises during the hours when the sale -of such beverage is prohibited by this ordinance; provided, however, that the licensee shall be allowed a thirty (30) minute period following the closing hour to clear the premises of customers who were present at the closing hour; and such customers may consume any such beverage purchased by them before the closing hour. All customers and non- working employees shall be cleared of the premises by thirty (30) minutes past the closing hour. SECTION 13 PUBLIC CHARACTER OF LIQUOR SALES No sales of intoxicating liquor shall be made to or in guest rooms of hotels, unless the rules of such hotel provide for the service of meals in guest rooms; unless the sale of such intoxicating liquor is made in the manner in which on -sale is required to be made; unless such sale accompanies and is incident to the regular service of meals to guests therein; unless the rules of such hotel and the description, location and number of such guest rooms are fully set out in the application for a license. SECTION 14 CLUBS No club holding an "on -sale" club license shall sell intoxicating liquor except to members and guests of the club. SECTION 15 RESTRICTIONS INVOLVING MINORS 15.1 No licensee, his agent or employee, shall serve or dispense upon the licensed premises any intoxicating liquor or nonintoxicating malt liquors to any minor; nor shall such licensee, his agent or employee, permit any minor to be fur- nished with or to consume any such liquors on the licensed premises; nor shall such licensee, his agent or employee, permit any minor to be delivered any such liquors. 15.2 No minor shall misrepresent his age for the purpose of obtaining intoxicating liquor or nonintoxicating malt liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor or nonintoxicating malt liquor for the purpose of purchasing or having served or delivered to him for consumption of any such intoxicating liquor or beer nor shall any person purchase, attempt to purchase, consume, or have another person purchase for him any intoxicating liquor or beer. 15.3 No minor shall receive delivery of intoxicating liquor. 15.4 No person shall induce a minor to purchase, procure, or obtain intoxicating liquor or nonintoxicating malt liquor. 15.5 Proof of age for purposes of consuming, purchasing, or possessing an alcoholic beverage, the consumption, sale, or possession of which is regulated by age may only be established by a valid driver's license, a current nonqualifica- tion certificate, or a Minnesota Identification Card issued pursuant to Minnesota Statutes, Section 171.07. LIQUOR ORDINANCE -17- 15.6 Any person who may appear to the licensee, his employees or agents, to be a minor shall, upon demand of the licensee, his employee or agent, produce and permit to be examined his driver's license, current nonqualification certifi- cate, or Minnesota Identification Card. SECTION 16 OTHER RESTRICTIONS ON PURCHASE OR CONSUMPTION 16.1 No person shall give, sell, procure or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by law. 16.2 No person shall consume or mix or prepare intoxicating liquor for consumption in any public place not licensed in accordance with the ordinance of the City of Mendota Heights and the State of Minnesota. ` 16.3 No intoxicating liquor shall be sold or consumed on a public highway or in any automobile. SECTION 17 BOND 17.1 Bonds, Insurance or Deposit Required - At the time of filing for an applica- tion for intoxicating liquor license, the applicant shall file a bond with corporate surety, or in lieu thereof cash or negotiable United States govern- ment bonds; and a liability insurance policy shall be deposited with the City Clerk. Such bond, cash or negotiable government bonds shall be in the amount of $5,000 for an "on -sale" or "on -sale" wine license, shall be in the amount of $2,000 for an "on -sale" club license and shall be in the amount of $3,000 for an "off -sale" license. Such insurance policy shall be in the amount specified in subsection 17.5 of this Section. 17.2 Approval of bond and insurance - The surety bonds and insurance policies required by Section 17.1 of this Section shall be subject to the approval of the City Council and in the case of applicants for "on -sale" wine or "off - sale" licenses by the State Commissioner of Public Safety. 17.3 Procedure where cash or government bonds are used - If the applicant uses cash for security, it shall be deposited with the City Clerk. If United States government bonds are permitted and are used as such security, a properly executed assignment agreement in form approved by the City Attorney shall accompany them and they shall be filed with the City Clerk. The licensee shall be permitted to clip and take all coupons thereto attached as they become due. 17.4 Surety or insurance companies - The surety on such bond and insurer on such liability insurance policy, shall be a surety company or insurance company, as the case may be, duly licensed to do business in the State of Minnesota and the bond and liability insurance policy shall be approved as to form and execution by the City Attorney. All surety bonds and liability insurance policies, when approved by the proper City or State officers, shall be filed with the City Clerk. 17.5 Amount and terms of insurance - Such liability insurance policy shall be in the amount of $250,000 coverage for one person, $500,000 coverage for more than one person, or a $500,000 combined single limit, and shall specifically provide for•the payment by the insurance company on behalf of the insured of LIQUOR ORDINANCE sm all sums which the insured shall become obliged to pay by reason of liability imposed upon him by law for injuries or damages to persons other than em- ployees, including the liability imposed upon the insured by reason of Sec- tion 340.95, Minnesota Statutes. Such liability insurance policy shall fur- ther provide that no cancellation for any cause can be made either by the insured or the insurance company without first giving ten (10) days notice to the City in writing of intention to cancel the same addressed to the City Clerk. Further, it shall provide that no payment of any claim by the insurance company shall in any manner decrease the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter. Such policy shall be conditioned that the insurer shall pay, to the extent of the principal amount of the policy, any damages for death or injury caused by, or resulting from the violation of any law relating to the business for which such license has been granted. The licensee and the City shall be named as joint insureds on the liability insurance policy. The operation of any li- censed establishment without having on file at all times with the City, and in full force and effect, the liability insurance policy herein referred to shall be grounds for immediate revocation of the license. 17.6 -"Terms of bonds - All such bonds shall be conditioned as follows: �o 17.6(1) That the licensee will obey the laws relating to such licensed business. 17.6(2) That the licensee will pay to the City when due all taxes, license fees, penalties and other charges provided by law. 17.6(3) That in the event of violation of any law relating to the business for which the license has been granted for the sale of liquor, the bond shall be forfeited to the City. 17.6(4) That the licensee will pay, to the extent of the principal amount of such bond, any damages for death or injury by, or resulting from the violation of any law relating to the business for which such license has been granted and that such recovery may be had also against the surety on his bond. 17.7 '°Benefit of bond - Such bonds shall be for the benefit of the City, as obligee, and of all persons suffering damages under the conditions set forth in subsec- tion 17.6 of this Section. The amount specified in any bond is declared to be a penalty, and the amount recoverable shall be measured by the actual damages. The surety shall not be liable in excess of the penal amount of the bond. In case of forfeiture of any bond for violation of the law, the District Court of Dakota County may forfeit the penal sum of such bond to the City. 17.8 Deposit of U.S. Bonds - If negotiable United States government bonds are deposited with the City Clerk instead of a bond with a corporate surety, such bonds shall be accompanied by a properly executed assignment, in form approved by the City Attorney, assigning such government bonds to the City, to be held subject to the conditions, forfeiture and penalties provided by the laws of the State of Minnesota and this Ordinance. Such assignment shall also contain a stipulation and agreement that such bonds shall remain with the City Clerk, subject to the terms and conditions of such assignment and such State laws, during the term of the license in connection with which such government bonds ,may, with the approval of the City Council, be returned by the City Clerk to ''the licensee. LIQUOR ORDINANCE -19- 17.9 Deposit of Cash - In the event the applicant deposits cash in lieu of surety bond, the deposit of such cash shall be accompanied by a written agreement and assignment upon the part of the licensee, in form approved by the City Attor- ney, wherein the licensee assigns such deposit to the City, to be held by the City Clerk subject to the conditions, forfeitures, and penalties required by the laws of the State of Minnesota and this Ordinance, for.the period of the license in connection with which such deposit is made, and for three years thereafter, at which time such deposit may be returned, with the approval of the City Council, by the City Clerk to the licensee. 717.10 Affidavit required for return of U.S. bonds or cash - Upon application for return of United States government bonds or cash as provided for in this Section, the licensee shall file with the City Clerk an affidavit stating that no action or proceedings has been commenced in any Court for the forfeiture of such bonds or deposit, or for damages to any person or persons under the terms and conditions thereof, and that the licensee has no knowledge of any existing claim or abuse of action under the terms and conditions of the assignment and agreement relating to such government bonds or cash deposit. SECTION 18 REVOCATION 18.1 The City Council may suspend or revoke any license for the sale of intoxi- cating liquor for the violation of any provision or condition of this Ordi- nance or of any State law or federal law regulating the sale of intoxicating liquor, shall revoke such license for any willful violation which, under the Jaws of the State is grounds for mandatory revocation, and shall revoke for failure to keep the bond, insurance or other deposit required by Sectiono17 of this Ordinance in full force and effect. 18.2 Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the Council shall be preceded by a written notice to the licensee and a public hearing. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspen- sion shall exceed 60 days. SECTION 19 LICENSING OF EMPLOYEES 19.1 No person shall work as a manager, bartender, cocktail waitress, clerk, deliv- ery man, or in any other capacity where such person sells, serves or delivers intoxicating liquor in or from premises licensed under this Ordinance, and no licensee shall permit any such person to be so employed, unless such person, within seven days after being first employed, shall apply for a license to engage in such business. No person may be so employed for any length of time if his license is denied or revoked. This Section shall not apply to persons employed in establishments licensed pursuant to Section 1.2 of this Ordinance described as bona fide clubs. 19.2 No person shall make off -sale deliveries of intoxicating liquor in the origi- nal package within the City unless such person has obtained a license as an employee. LIQUOR ORDINANCE -20- 19.3 An application for such license shall be filed with the City Clerk upon forms provided by the City, and such application shall be verified under oath and shall contain the following information:. 19.3(1) The names and addresses of two residents of Dakota County, Minnesota, who have known the applicant for a period of two years and who will vouch for the sobriety, honesty, and general good character of the applicant. 19.3(2) A concise history of the applicant's previous employment. 19.3(3) The record, if any, of arrests and of convictions for crimes and misde- meanors other than traffic offenses. 19.4.,1�:The annual license fee shall be $9.00 and shall be paid at the time of the application. The license shall expire on the anniversary of the date of application and shall be renewed at that time. 19.5 The application shall be referred to the Police Department who shall investi- gate the facts set forth in the application and shall make a written report at the earliest practicable time. The report shall include a statement indicat- ing the department's comments and recommendation. If the Police Department recommends that such a person be licensed, the City Clerk shall issue the license forthwith. If the Police Department or City Clerk recommends that the license not be issued, that applicant upon request shall be entitled to a hearing before the City Council and may offer evidence to prove the license should be issued. 19.6° No person shall be issued a license if it appears that the applicant has committed an act which is a willful violation of Minnesota Statutes, Sections 340.07 through 340.40, which are crimes directly related to the occupation herein licensed, as defined by Minnesota Statutes, Section 364.03, Subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation to which this license applies as defined by Minnesota Statutes, Section 365.03, Subdivision 3. 19.7 :rv.%Any license issued hereunder may be revoked for any violation of this Article :;,nor of Minnesota Statutes, Sections 340.07 through 340.40, or for conviction of any crime or misdemeanor involving moral turpitude so long as said conviction directly relates to the occupation herein licensed, as defined by M.S.A. 364.03, Subdivision 2. SECTION 20 ENLARGEMENT, ALTERATIONS OR EXTENSION OF PREMISES 20.1 Proposed enlargement, alteration or extension of premises previously licensed shall be reported to the City Clerk at or before the time application is made for a building permit for any such change and the licensee shall also. give such information as is required by Sections 4.7, 8, 10 and 11 of this Ordi- nance. LIQUOR ORDINANCE -21- SECTION 21 LICENSE YEAR 21.1 All intoxicating liquor licenses shall expire on June 30th. SECTION 22 NUMBER OF LICENSES 22.1 Not more than six (6) "on -sale" licenses shall be in existence at any one time. 22.2 Not more than two (2) "on -sale" Club licenses shall be in existence at any one time. 22.3 Not more than six (6) "off -sale" licenses shall be in existence at any one time. SECTION 23 COORDINATION OF PROVISIONS 23.1 Where a provision of any other ordinance of the City conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. SECTION 24 PENALTY 24.1 Any person violating any provisions of this Ordinance may be guilty of a misdemeanor and upon conviction may be punished by a fine of not more than five hundred dollars ($700.00) or imprisoned for not more than ninety (90) days or both, plus the cost of prosecution in any case. SECTION 25 This Ordinance shall be in full force and effect from and after its publication according to law. Enacted by the City Council of the City of Mendota Heights this , 1984. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor ATTEST: Kathleen M. Swanson, City Clerk day of ......6004.1114.16611K t -tar ; ,i;;;;;;;;;;•;;;;; ,/ ; l'AiCtl tl P ‘;!i - r • 'N.,;x f / .t• t: rttA la I ;111(initei.: tt. C.VV4trtge4 t_P4L :"tt.';'4, • .: .1z 4,4 I-091 (I, 40 ibLj f//s ( d„?._,/ Alt I:41 4vmer /a-; //2 ))4)5 idex fit:; 0 Phr MN.Le Vrid Ivy Hill Park r --- Butler Ave. Phase Three (1979- Present) 25 Units Lot H - Proposed Development 1.6718 Acres 1111111111 Phase Two (1972-79) 20 Units • • • • Phase One (1965-72) 35 Units • • 0 Lot F �r Maple Park Rd. Clapp -Thomssen Ivy Hill Town Houses P.U.D. Amendment Existing Development MEM MEM MEM IMO MIM MIN MEM MAY ""(1584 April 25, 1984 0 50' 100' 200' 300'46 0' Prepared by Erkkila & Associates 2 - 4' Picea glauca ' Den5a"a` (�Iac -1-li I 2 - Z' Que.rcu palu,2tri'' (Pin ,0e4-) - 4' Picea .lauca 'Pe 1 ta' (Plac)r-- f-} i l I' Spruce-) 10 - 2.' gyri vulgris NV (French 1---tybrec! Lilac) Z" Fraxinur, Penns Ivani6q (Oreon A h) 2 - 5' Pinup por0.ero<-7a 1 1 el. WO 157.7�1'— } Proposed Dedication Approx. .41 Acre 1 %1 Butler 'Ave. 4 - Z' rirr v { -IV (Frer'tih I -I brtG4 L)lgC) Z - Z" Fr ocinu5 Penns Ivanic (C2ree.n Ate} or match the boulevard -1-1-772 ' of deve krrnen-r. 2.5' Berm Grading of berm will be determined with respect for existing grade. • •. • • • • •. • •• ` •1 • •. • •. by 41" • • ` `• • • • •% •S,qq, ''F9 0 IP 4 kit, 9 9 '• •••. • •. •••. ( Ponciero Pine) 4 - 2." 'TI is cordata (Li flle lecif Li nclen) Z. - 4' PiC- glauca ' DerY-X11 (FSlac k i-Lil 1 ' -7pnucz) - 5' Pnus nOr-i (Auh-l-rian Pira) i I - Z" Geltwp czidentA Ii' 0-4a04-17erry) V (12 Clapp -Thomssen Ivy Hill Town Houses P.U.D. Amendment Concept Plan April 25, 1984 I Ulla 0 15' 30' MIN -71984 . 60' 90' 120' Prepared by Erkkila & Associates