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1984-12-04CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA December 4, 1984 7:30 P.M. 1. Call to Order. 7 �� 2. Roll Call. 3. Adoption of Agenda/. 4 '1W 4. Approval of Minutes, October 2 and October 16, 1984. 5. Canvas City Elec 'qn ReI�ouunt. (Seeattachedsummary.) 6. Consent Calendar a. Acknowledgement of minutes of November 23rd Planning Commission meeting. b. Adoption of resolution authorizing final payment for Lot H, Ivy Hill Second Addition improvements. c. Acknowledgement of Code Enforcement monthly report for November. d. Acknowledgementof le ter from Mn/DOT regarding T.H. 110 speed 1 i mi t . vj ,t S V , 4 e. Acknowledgement of meter from Mn/DOT regarding T.H. 110/Lexington Avenue traffic signal operation complaint. f. Approval of the List of Claims. g. Ap qyol of contractor licenses. Azw End of Consent alendar 7. Public Comments ._ ale TAIV-1 8. Unfinished and New Business a. Case No. 84-21, Gra pendorf - Applica io for subdivision. iG"a idn or wet tl'and rmit. b. Case No. 8-4--2-5-, Rus pp p (Recommend approval.) � c. Memo regarding Garron fe sibility report. (tesolution Attached) _� `.w i Ak.. C � Pd-�7 ) d. Memo regardin design featu es of Mendota Interchange.0-0 JV)tT e. emo en n f comparable worth legislation. -' (00 E Agenda, December 2, 1984 Page 2 f. Memo regarding Step Pay Increase for Engineering Technician g.R. Memo regarding 1985 pay and ben fi for non -organized empl yees... _ A Ceti a" /T .g. Memo regarding summary Pj,-ufl—icat/i�b�n ,of Cable. Communications Franchise Ordinance. M i -H. Memo regarding to for first Council meeting in January. 9. Responses to Council Comments and Requests. a. Memor g ding Marie Avenue speed mit. 10. Council Comments and Requests. 11. Ad ourn. -fir M 7 Y �- r,0t- -. . r Page No. 2122 October 2, 1984 A CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 2, 1984 ( Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:38 o'clock P.M. The following members were present: Mayor Lockwood, Council Members Hartmann and Witt. Councilwoman Blesener had notified the Council that she would be late. Councilman Mertensotto had notified the Council that he would be absent. AGENDA ADOPTION Councilman Hartmann moved adoption of the agenda for the meeting, including items contained in the add-on agenda. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 MINUTE APPROVAL Mayor Lockwood moved approval of the minutes of the July 17th meeting with corrections. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 Councilman Hartmann moved approval of the minutes of the August 7th meeting. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilman Hartmann moved approval of the consent calendar as submitted and recommended for approval as part of the meeting agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the Code Enforcement monthly report for September. b. Acknowledgement of the minutes of the September 25th Planning Commission meeting. t' c. Appoval of the List of Claims dated October 2, 1984 and totalling $115,631.22. d. Approval of the list of contractor licenses, granting licenses to: 9age No. 2123 October,2, 1984 All Types of Masonry Masonry License D and D Masonry Masonry License Kitchens by Kren '8el, Inc. General Contractor License Northland Roofing and Gutters General Contractor License J. Paul Sterns Company General Contractor License Woodsmen Construction, Inc. General Contractor License / e. Acknowledgement of Mo/DOT press releases and invitations to the I -35O dedication ceremonies. [. Acknowledgement of a letter from Multi8ranhiuo regarding the Company's planned open house ceremonies. g, Adoption of Resolution No. 84-66° "RESOLUTION &PPOINTIN(, 1984 GENERAL AND CITY ELECTION JUDGES." 4. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 BC&OZ@Q: VALLEY VIEW Mayor Lockwood opened the meeting for the purpose of a public OAK EASEMENT VACATION hearing on an application for vacation of a utility easement in the Valley View Oak Addition along with consideration of a request for approval of the final plat for the Valley View 0uk 2nd Additiou, Mr. Lawrence Culligan, the property owner, asked Council for approval of the final plat as submitted uIou8 with vacation of" an existing easement over Lot 17, Block l, Valley View Oak. Mr. Culligan stated that a portion of Lot 17 is being ylatte'} platted as part of the Second Addition in order to save oeverml mature trees: the easement area is the south boundary of [o~ 17. Mr. Culligan also asked the Council to approve u distri- bution of assessments attributable to the new plat equally against only Lots I and 2, with no ~assessments spread against the Outlnt. Mayor Lockwood asked for questions and comments from the There being no questions or comments, Councilman Hartmann moved that the hearing be closed at 7:55 o'clock P.M. Councilwoman Witt seconded the motion. / Ayes: 3 Nays: 0 � ~ , Councilwoman Witt moved adoption of Resolution No. 84-67, "RESOLUTION AUTHORIZING VACATION OF DRAINAGE AND UTILITY EASEMENT IN VALLEY VIEW OAK ADDITION." Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 • C 0 Ayes: 3 Nays: 0 Page No. 2124 October 2, 1984 Mayor Lockwood moved adoption of Resolution No. 84-68, "RESOLUTION APPROVING FINAL PLAT FOR VALLEY VIEW OAK 2ND ADDITION." Councilwoman Witt seconded the motion. It was the concensus of Council to direct staff to distribute assessments to the new plat as requested by Mr. Culligan. MARIE AVENUE SPEED The Council acknowledged and briefly discussed a report from the Police Chief regarding a survey of speeds on Marie Avenue, and directed that a copy of the report be sent to Diane Kammerer. HEARING - CASE NO. Mayor Lockwood opened the meeting for the purpose of a public 84-17, UNITED hearing on an application from United Properties for a PROPERTIES conditional use permit for planned unit development. Mr. Dale Glowa, representing United Properties, stated that his firm proposed to construct three buildings on property located at the southeast quadrant of Transport Drive and Mendota Heights Road. The development would consist of two single story structures of 25,000 square feet each and one two story structure of 35,000 square feet. It is planned that the site will be platted into three lots and that a pond with a jet fountain will be located on the northwest corner of the site. In response to Planning Commission recommendations, United Properties will provide that the pond will be owned by the owners of buildings two and three. He stated that his firm will prepare a maintenance agreement and easement agreement for the ponding area. United Properties will maintain the pond, which will be an amenity to the site and will be fed from the sprinkler lines to maintain a specific water level. He stated that the pond will contain an overflow feature. The exterior of the structures will be similar to the first stage of the Mendota Heights Business Center. 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 8:16 P.M. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 Councilman Hartmann moved approval of the conditional use permit for planned unit development for the Mendota Heights Business Center 2, along with preliminary plat approval. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 Page No. 2125 October 2, 1984 CASE NO. 84-20, Mr. Fred Mike was present to request approval of a lot size MIKE variance for Lot 7, Block 2, Guadelupe Heights Addition.. Public Works Director Danielson explained that in cases where lots were platted before 1962 the Zoning Ordinance provides a lot size minimum requirement of 10,500 square feet, and that the subject property contains only 8,145 square feet. After discussion, Mayor Lockwood moved approval of the lot size variance to allow residential development on Lot 7, Block 2, Guadelupe Heights Addition. Councilwoman Witt seconded the motion. Ayes: 3 Nays: 0 CASE NO. 84-18, Public Works Director Danielson stated that the applicant HUNTER proposes to divide a four -acre unplatted parcel of land located on the north side of Orchard Place into three large lots. He noted that the property is located within the critical area and that the applicant may need to request critical area site plan• approval for development on Lot 3 after his building plans are developed. Councilman Hartmann expressed concern over the proposed dual purpose driveway access to serve two of the lots. He felt that any plat approval should include the stipulation that th driveway be centered on the proposed easement area. After discussion, Mayor Lockwood moved approval of the preliminary plat for the Hunter Bluff Addition subject tc, construction of a 12 foot wide drive placed within the easement area and submission of a $1,200 park contribution, and with the understanding that preliminary plat approval i:. not to be construed as including approval for a particular location of a dwelling within the plat. Councilman Hartmann seconded the motion. Ayes: 3 Nays: 0 LOT 2, WILLOW SPRINGS Mr. Terry Davern, from the Clapp-Thomssen Company, was present. ADDITION relative to Lot 2, Willow Springs Addition. Mr. Davern stated. that the property was given to Brady High School by Mr. Callahan and that the school plans to sell the lot. Brady has asked his firm to look at the property to determine what can be done with the site. He stated that he has talked to two developers who may have interest in the site but that both parties are concerned over potential development costs which would be involved if the property must be developed 'according to City requirements. He felt that the school could develop and sell the property but that it would need some changes in conditions imposed by the Council on Mr. Callahan. Mr. Daverr reviewed five concerns addressed in his letter to the Cit, dated September 17th, and discussed these concerns with the V Council. Page No. 2126 , October 2, 1984 Councilwoman Blesener arrived at 9:12 P.M. As the result of the discussion, staff was directed to work with Mr. Davern and school representatives on both the City's and schools concerns over development of the site and the costs which have been incurred by the City on behalf of the Callahan planning applications and feasibility study preparation. FIRE STATION The Council acknowledged and discussed a memo from Fire Marshal SPRINKLER SYSTEM Lange recommending installation of a lawn sprinkling system for the new fire station site. The memo indicated that two proposals for a system have been received, the lowest being $4,760 from Mitshulis Irrigation, and that a third proposal is anticipated. Councilman Hartmann moved approval of the installation of a lawn sprinkling system, authorizing staff to proceed with the project utilizing the lowest quotation received. Councilwoman Blesener seconded the motion. Ayes: 4 Nays: 0 MENDOTA POLICE Mayor Lockwood moved to approve the 1985 contract for Police CONTRACT services to the City of Mendota. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 BUDGET CORRECTIONS The Council acknowledged a memo from the City Treasurer minor revisions in the 1985 Budget, along with revised budget pages. Councilman Hartmann moved approval of the revised General Fund pages of revenues and expenditures. Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 STREET LIGHTS The Council acknowledged and discussed a memo from the Public Works Director relative to a request from St. Thomas Academy for installation of street lights at two of the Academy's entrances. Administrator Frazell stated that the school representatives are extremely eager to have the lights installed and that it is proposed by staff that the City will bill the Academy the annual charges from N.S.P. along with a small administration charge. Councilman Hartmann moved to order the installation of two street lights as requested by St. Thomas Academy, billings for Ayes: 4 annual service to be as recommended by staff. Nays: 0 Mayor Lockwood seconded the motion. Page No. 2127 October 2, 1984 ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt`seconded the motion. Ayes: 4 Nays: 0 Robert G. Lockwood Mayor / \ TIME OF ADJOURNMENT: 9:40 P.M. Kathleen M. Swanson City Clerk i7- Page No. 2128 October 16, 1984 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 16, 1984 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 7:40 o'clock P.M. The following members were present: Mayor Lockwood, Council Members Blesener, Hartmann, Mertensotto and Witt. AGENDA ADOPTION Councilwoman Witt moved the adoption of the agenda for the meeting, including items contained in the add -on -agenda. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilman Hartmann moved approval of the minutes of the August 21st meeting with corrections. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 Councilwoman Blesener moved approval of the minutes of the August 28th meeting. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Counciman Hartmann moved approval of the minutes of the September 4th meeting. Councilwoman Blesener seconded the motion. Ayes: 5 •Nays: 0 PROCLAMATION Councilwoman Witt moved approval of a Proclamation proclaiming the week of October 27th as Business Women's Week. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Mayor Lockwood moved approval of a Proclamation proclaiming the week of October 15th League of Women Voters of Northern Dakota County Week. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilman Hartmann moved approval of the consent calendar as submitted and recommended for approval as part of the meeting agenda, along with authorization for execution of Page No. 2129, October. 16, 1984 all necessary documents contained therein. a. Acknowledgement of the minutes of the September 18th Park and Recreation Commission meeting. b. Acknowledgement of the Fire Department monthly report for September. Cc. Acknowledgement of an update on the wholesale water study. d. Acknowledgement of the Treasurer's monthly report for September. e. Acknowledgement of a memo on the Public Works amended work schedule. y f. Acknowledgement of a letter from the Metropolitan Council regarding water rate negotiations. g. Acknowledgement of a memo on office hours for the Code Enforcement Officer. h: Approval of the list of contractor licenses, granting licenses to: Commercial Utilities, Inc. Excavating License Premier Builders, Inc. General Contractor License i. Approval of the List of Claims dated October 16, 1984 and totalling $330,890.75. w j. Acknowledgement of a letter from Assistant City Attorney Pearson regarding the Brooks lawsuit. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 BID AWARD Councilman Mertensotto moved the adoption of Resolution No. 84-70, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, STORM SEWER AND WATER SERVICE TRENCHES CONSTRUCTION TO SERVE LOT H, IVY HILL 2ND ADDITION (IMPROVEMENT NO. 84, PROJECT NO. 3)," awarding the contract to Ro-So Contracting, Inc., for its low bid of $14,282.60. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 STOP SIGN REQUEST The Council acknowledged a memo from the Public Works Director in response to a request from Robert Bergstrom, Page No. 2130 October 16, 1984 13 Mears Avenue, for four-way stop signs at Mears and Dorset. Several area residents were in attendance with Mr. Bergstrom for the discussion. Mr. Bergstrom stated that he has lived on Mears Avenue for 30 years and feels that the signs are definitely warranted, especially because of significant traffic increases in the area due to the high bridge closing. He stated that there is a serious problem. Mr. Bob Wolters stated that he has lived in the area for twenty years, that over the years cars have driven across his lawn, that the sight lines at the intersection are terrible and that the intersection is very dangerous. He stated that traffic funnels down both Dorset and Mears and that the area is a shortcut to I -35E. He wondered, however, whether installation of a four-way stop as requested would result in traffic shifting to Staples, creating more problems at the Staples/Dorset interesection. After discussion, Councilwoman Witt moved that staff be directed to prepare an Ordinance amendment to designate Dorset/Mears as a four-way stop intersection. Councilwoman Blesener seconded the motion. Ayes: 5 Nays: 0 It was the concensus of the Council to direct the police department to begin monitoring traffic on Staples within a week after the stop signs at Dorset/Mears are installed. SCHAAK WAREHOUSE SALE The Council acknowledged and discussed a memo from the Code Enforcement Officer regarding a request from Schaak Electronics for approval of a warehouse clearance sale on November 8th through the 10th. The Council expressed its displeasure with the frequency of sales being conducted by the firm. It was pointed out that the Council may not look favorably on similar future requests and that the Zoning Ordinance stipulates that there shall be no retail sales in the Industrial District. After discussion, Councilwoman Blesener moved approval of warehouse sale request and directed that a communication be sent to Schaak indicating the Council's displeasure. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 FINAL PLAT Mayor Lockwood moved the adoption of Resolution No. 84-70, "RESOLUTION APPROVING FINAL PLAT FOR CLAPP-THOMSSEN IVY HILL SECOND ADDITION." Page No. 2131 October. 16, 1984 Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CAROLAN VARIANCE The Council acknowledged and discussed a memo from the Code Enforcement Officer describing a complication to the setback variance previously granted for construction of the Robert Carolan sunroom addition. Mr. Carolan was present for the discussion and explained that the surveyor who prepared the site plan for the original variance application erred in his location of the existing home on the lot. As a result, he requested approval of a 13 foot variance rather than the 10 foot variance originally approved on July 10th. Councilwoman Witt moved to grant approval of a 13„ foot sideyard setback variance to allow construction of a sun - room addition at 1339 Medora Road. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 FINAL PLAT The Council acknowledged a memo from the Public Works Director recommending approval of the final plat for the Mendota Heights Business Center Second Addition. The Council also acknowledged and discussed a memo from the Code Enforcement recommending approval of building permits for buildings proposed to be constructed on Lots 2 and 3 of the plat. Mayor Lockwood moved the adoption of Resolution No. 84-71, "RESOLUTION APPROVING FINAL PLAT FOR MENDOTA HEIGHTS BUSINESS CENTER 2ND ADDITION." Councilwoman Witt seconded the motion. ,Ayes: 5 Nays: 0 Mr. Dale Glowa, from United Properties, was present for the discussion, and answered Council questions regarding the structures and the decorative pond proposed to located within the plat. Mr. Glowa pointed out that this is not a ponding area and therefore does not appear on the plat. He assured the Council that United Properties will bear the responsibility for maintaining the pond feature. Councilwoman Witt moved approval of the requested building permits subject to final approval of the plans by the Code Enforcement Officer. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 Page No. 2132 October 16, 1984 INDUSTRIAL REVENUE The Council acknowledged and discussed a memo from Financial Advisor Shaughnessy informing the Council that the City has received a tentative commitment of $4,295,932 of Industrial Revenue Financing from the City of Coon Rapids. Mr. Shaughnessy explained the details of the Joint Powers Agreement with Coon Rapids and stated that financing for reimbursement of $43,000 to Coon Rapids for fees previously paid by Coon Rapids to reserve its entitlement allocation will be provided by Alpha, Inc. and Ralph Linvill. After discussion, Mayor Lockwood moved the adoption of Resolution No. 84-72, "RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF COON RAPIDS, MINNESOTA." Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 AMBULANCE AGREEMENT Councilwoman Blesener moved to approve an ambulance service agreement with Divine Redeemer Memorial Hospital for the period from January 1, 1985 through December 31, 1988. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 The Council acknowledged that while the idea of subsidizing private enterprise is not desirable there are no other alternatives available. MEETING DATE CHANGE Mayor Lockwood moved that the meeting scheduled to be conducted on election evening, November 6th, be rescheduled to 7:30 P.M. on November 8th. Councilman Hartmann seconded the motion. Ayes: 5 .Nays : 0 P.E.R.A. Councilman Hartmann moved the adoption of Resolution No. 84-73, "RESOLUTION ON THE PUBLIC EMPLOYEES RETIREMENT SYSTEM," regarding PERA Board election procedures. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 METROPOLITAN COUNCIL Mayor Lockwood moved adoption of Resolution No. 84-74, "RESOLUTION CONCERNING APPOINTMENT TO THE METROPOLITAN COUNCIL," strongly recommending the appointment of Kathleen Ridder as the District 15 representative. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 SQUAD CAR SALE The Council acknowledged a memo and tabulation of bids Page No. 2133 October 16, 1984 received for the sale of three squad cars and the Fire Chief's former vehicle. Councilwoman Blesener moved to accept bids and authorize the sale of a 1982 Ford, 1981 Chevrolet Malibu, 1979 Chevrolet Malibu and 1973 Plymouth Wagon to the highest bidders. Councilman Hartmann seconded the motion. Ayes: S Nays: 0 ADJOURN There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilman Mertensotto seconded the motion. Ayes: S Nays: 0 TIME OF ADJOURNMENT: 9:43 P.M. Kathleen M. Swanson City Clerk ATTEST: Robert G. Lockwood »- Mayor SUMMARY STATEMENT NOVEMBER 21, 1984 RECOUNT CITY COUNCIL ELECTION RETURNS Precinct Precinct Precinct Precinct Total Candidate #1 #2 #3 #4 Votes Janet Blesener 739 497 533 834 2603 Carl (Buzz) Cummins 599 636 451 725 2411 Charles E. Mertensotto 615 573 453 742 2383 Write -Ins C. Lerman 0 0 1 0 1 D. Gove 0 0 0 1 1 Undervotes 659 520 418 684 2281 Overvotes 2 2 0 4 8 Precinct Totals 2614 2228 1856 2990 9688 Ballots Cast: Punchcard Absentee (Paper) 1224 1046 878 1377 4525 83 68 50 118 319 1307 1114 928 1495 4844 CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES NOVEMBER 27, 1984 The regular meeting of the Mendota Heights Planning Commission was called to order by Chairperson Kruse at 8:07 o'clock P.M. The following members were present: Kruse, Burke, Frank, Morson, Stefani and Ridder. Henning had advised the Commission that he would be out of town. Also present were Planning Consultant Howard Dahlgren and Public Works Director Jim Danielson. APPROVAL OF Minutes of the October 23 meeting had been submitted previously. MINUTES Commissioner Frank moved to approve the minutes as submitted. Commissioner Ridder seconded the motion. Ayes: 6 Nays: 0 >t CASE NO. 84-21, Mr. David Hansing, consulting engineer, and Mr. Floyd Unruh, GRAPPENDORF - were present for the application. Mr. Hansing advised that SUBDIVISION after the last Planning Commission meeting, new plans were drawn RECONSIDERATION up which conform to present R-lA zoning. He noted that the new plan also includes the Erdrich property in the platting, and that there could be three buildable lots on the Grappendorf property. He also stated that no variances would be needed in the new plat. Chairperson Kruse advised the audience that this was not an offici public hearing, but that the matter was being reconsidered at the request of the City Council. New drawings were distributed to the Planning Commission members and the audience for their review. ' While the plans were being reviewed, Planner Dahlgren stated that he felt it would be physically possible to put one house on Lot 1, Block 1. Chairperson Kruse expressed concern about the wetlands areas and over the water storage area. He felt that wetland boundaries should be established on the plat and on the deed. The Commission expressed concern over the cul-de-sac, which is probably a quarter mile in length, and the maximum length of a cul-de-sac is 500 feet. Planner Dahlgren felt that it was possible that ultimately the cul-de-sac would become a permanent east/west road through the plat. He also noted that the future plans of the Mairs property should be of great concern to the Commission, especially in regard to the cul-de-sac as proposed. Planner Dahlgren noted that Lot 1, Block 1 would need filling and possible wetland variances in order to build a home on it. Chairperson Kruse asked for questions or comments from the audience. :�. Planning Commission Minutes, November 27, 1984 Page Two 6' Mr. Mel Swanson, 1778 Ridgewood Drive, expressed concern over the 18 inch culvert shown and the possibility of it freezing Ms.Zaspel,1792 Ridgewood Drive, expressed her concern with the wetland boundaries and where the water will go if the wetland areas are disturbed. Planner Dahlgren located the approximate location of the wetlands boundaries on the map for the Commission and the audience. Mrs. Alice Bradford, 1673 Delaware, asked if the proposed road could be placed in a different position, for the benefit of the northern property owners. Mr. Paul Pontinen, 1760 Ridgewood Drive, stated that there is standing water on Lots 1, 2, and 3, Block 2, in the spring. Mr. Ted Weyerhauser, who lives north of the subject property, expressed concern over the wetland area and possible wetland variances, stating that if any variances are given, they will destroy the beautiful wetland areas on the property. Mr. Donald Bauer, 1759 Ridgewood Drive, asked who would be assessed for improvements to the property. Mr. Unruh stated that their total projected assessment costs would be between $93,000 and $103,000, and that these costs would be assessed over the 4 lots in the plat. Mr. Tom Mairs, 1707 Delaware, the abutting northern property owner, stated that he does not plan to take advantage of the cul-de-sac nor does he plan to subdivide or develop his property. He noted that he was not contacted with the second plan and only had access to the plan at tonight's meeting. He wanted more time to get expert advise, and he felt that anything done should not be done lightly. Mr. Mairs proposed to the Commission members the following: 1. That the Planning Commission recommend that the sale of Mrs. Grappendorf's house, together with the approximate 1.3 acres of land supporting her home should be approved to help Mrs. Grappendorf solve some of her financial problems. 2. Recommend that the westerly lot (Lot 1, Block 1) of approximate ly two acres, be annexed onto the Bauer's land as is, without a road and without the necessity of a road. The Bauer's have stated that this land will remain a wetland and will serve as a water storage area, and that they have no use for the proposed road. 3. That the Planning Commission recommend that the development of the remaining land (all of it) and any further action that land be delayed until such time as the following tak, place: Planning Commission Minutes, November 27, 1984 Page Three a. Review by all residents in the area affected by the proposed development (Marie, Delaware, Wentworth, and Dodd Road). b. That there is assurance that there is compliance with the wetland requirements. c. That soil tests be conducted. d. That a water flow assessment be made. e. That soil borings be conducted. f. That a water table level be determined. g. The affect of the proposed fill on the property be studied and reported on. h. The length of the cul-de-sac is determined, and that feasibility studies be done, showing whether this is practical i. To further define and show on a map that the wetlands ordin- ance is being complied with. Mrs. Naren Bauer, 1759 Ridgewood Drive, agreed with all of Mr. Mairs statements and suggested that until the litigation over Lot 1, Block 1, is settled, that no decision be made here. Planner Dahlgren felt that it could possibly help the Bauer's if a decision is made now, so that the Lot could be recorded and the Bauer's could receive clear title to Lot 1, Block 1. Mr. Floyd Unruh stated that the plans as proposed meet all City requirements and he could not see how the Commission could deny the plan as proposed. He stated that when he spoke to the Public Works Director, he was told that the"creek" was not a creek, that it was considered a drainage way, and that the 100 foot setback requirement did not apply to a drainage way. There being no further questions. -or comments, Commissioner Morson moved to recommend approval of the plat as submitted at this meeting. There was no second to his motion, therefore the motion failed for lack of a second. Commissioner Stefani moved to recommend that the subdivision be into three parcels: 1. Lot 1, Block 1; 2. Lot 6, Block 2; 3. The balance of the Grappendorf property, with the stipulation that some allowance be made for future right-of-way for extension from the current cul-de-sac to the northerly line of the Grappendorf property. Commissioner Burke seconded the motion. Planning Commission Minutes, November 27, 198F4 ?age Four Engineering Consultant Hansing.stated that he felt the motion was completely out of order. Planner Dahlgren suggested a further recommendation that the parties involved try to find a more detailed solution for the remainder of the land in the plat. Chairperson Kruse offered a friendly amendment to recommend that the wetlands boundaries be more defined in the drawings. Ayes: 4 Nays: 1, Morson Abstain: 1, Ridder CASE NO. 84-25, Mr. and Mrs. Warren Rush were present to request a wetlands RUSH, WETLANDS permit to allow them to construct a single family home on Lot 3, PERMIT Willow Springs Addition. Mrs. Rush noted that the proposed home will be located 57 feet from the wetland area and that she had obtained written approval from her contiguous neighbors. She stated that fill will be placed on the front portion of the lot. Chairperson Kruse pointed out that according to the plan submitted about six feet of fill is to be placed at the side and rear of the house also, and he expressed concern over that situation. After a considerable amount of discussion over filling and clearing of the property, Commissioner Morson moved to recomme approval of the wetlands permit in accordance with the plans submitted at this meeting, waiving the public hearing requirement, and subject to appropriate measures being taken, subject to approval of the Public Works Director so as to prevent the erosion of fill northerly into the creek bed. Commissioner Frank seconded the motion. Ayes: 6 Nays: 0 The Commission suggested that Public Works Director Danielson recommend to the City Council acquisition of an easement for the creek. VERBAL REVIEW Public Works Director Danielson gave a verbal review of cases that had been before the City Council. MISCELLANEOUS The Commission suggested that the wetlands boundary for the Grappendorf property should cover the 100 year storage area. ADJOURN There being no further business to come before the Commission, Ridder moved that the meeting be adjourned. Commissioner Burke seconded the motion. Ayes: 6 Nays: 0 TIME OF ADJOURNMENT: 9:58 o'clock P.M.- a CITY OF MENDOTA HEIGHTS MEMO ?_ November 28, 1984 TO: Mayor, City Council and City Adnistrator FROM: Edward F. Kishel City Engineer SUBJECT: Sanitary Sewers, Storm Sewers and Water Service Trenches Lot H, Ivy Hill 2nd Addition Job No. 8421 Improvement No. 84, Project No. 3 INTRODUCTION• The construction of the above improvements have been satisfactorily completed. RECOMMENDATION: Staff recommends approval of the attached resolution accepting the project and authorizing final payment included in the List of Claims. ACTION REQUIRED: If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 84- , Resolution Accepting Work and Ap- proving Final Payment for Sanitary Sewer, Storm Sewer and Water Service Trench Improvements to Serve Lot H, Clapp-Thomssen - Ivy Hill 2nd Addition (Improvement No. 84, Project No. 3) City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 84 - RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR SANITARY SEWER, STORM SEWER AND WATER SERVICE TRENCH IMPROVEMENTS TO SERVE LOT H, CLAPP-THOMSSEN-IVY HILLS 2ND ADDITION (IMPROVEMENT NO. 84, PRROJECT NO. 3) WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on October 19, 1984, and Ro-So Contracting Inc. of Centerville, Minnesota, has satisfactorily completed the sanitary sewer, storm sewer, and water service trench improvements (Improvement No. 84, Project No. 3) in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby dir- ected to issue a proper order for the final payment on such contract in the amount of $14,014.40, taking the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this 4th day of December, 1984. CITY COUNCIL CITY OF MENDOTA HEIGHTS By .. Robert G. Lockwood, Mayor ATTEST: Kathleen M. Swanson, City Clerk MEMO DATE: November 27. 1984 TO: Mayor, City Council and City Administrator FROM: Paul R. Berg Code Enforcement Officer SUBJECT: Building Activity Report for November, 1984 BLDG PERMITS SFD APT C/I MISC. SUB TOTA] TRD PERMITS Plbg Wtr Swr Htg, AC 6 Gas P i, SUB TOTA LICENSING Contract Licenses TOTAL CURRENT MONTH YEAR TO DATE - 1984 YEAR TO DATE - 1983 NO. VALUATION FEE COLLECTED NO. VALUATION FEE COLLECTED NO. VALUATION FEE COLLECTED 1 136,556.47 867.08 46 5,211,721.30 35,785.74 61 6,7925185.06 47,056.92 0 0 0 3 6,750,000.00 28,749.60 0 0 0 8 231,285.00 1,892.35 54 2,996,498;00 19,128.81 38 4,806,228.08 23,449.93 9 110,140.48 1,436.75 140 2,979,205.75 21,838.84 119 807,512.37 10,572.62 .18 477,981.95 4,196.18 243 17,937,425.05 105,502.99 218 12,405,925.51 81,079.47 4 86.00 95 4,376.00 82 1,873.00 3 15.00 75 375.00 75 650.00 3 52.50 65 1,212.50 70 1,300.00 ,e16 797.50 124 11,057.50 86 3,538:00 26 951.00 359 17,021.00 313 7,361.00 )r1s0 0 299 7,475.00 287 7,175.00 ' 44 $477,981.95 $5,147.18 901$17,937,425.05 $129,998.99 818 $12,405,925.51 895,615.47 NOTE: All fee amounts exclude Sac, Wac and State Surcharge. Amounts shown will reflect only permit, plan check fee and valuation amounts. ��r1NESp�q �° yo a "'Or �QO Or VtP� Office of Commissioner November 21, 1984 Minnesota Department of Transportation Nov 2 a 1984 Transportation Building, St. Paul, MN 55155 Honorable Robert G. Lockwood Mayor, City of Mendota Heights 750 South Plaza Drive Mendota Heights, Minnesota 55120 Dear Mayor Lockwood: SUBJECT: S.P. 1918 (TH 110) Speed Zoning 612-296.3000 As requested in your October 5, 1984 letter, I have given serious thought for a 45 miles per hour limit on T.H. 110 through the City of Mendota Heights, but find that it cannot be justified. The study conducted by the District which justifies 50 miles per hour as a reasonable and safe speed included an analysis of roadway conditions, accident records, and prevailing speeds of prudent drivers. Truck concerns, signal spacing, and related accidents weighed heavy in lowering the limit from 55 to 50 miles per hour. Speed surveys conducted along T.H. 110 show 50% of the motorists travel at speeds of 50 miles per hour or greater and 15% travel at speeds over 55 miles per hour. These same surveys show that the mean speed of trucks is 42 miles per hour less than the rest of the traffic. Truck traffic is 9% of the 23,000 to 28,000 vehicles per day on T.H. 110 through the city. A common belief is that posting a speed limit will influence drivers to drive at that speed. The facts, however, indicate otherwise. Research conducted in many parts of the country and in Minnesota over a span of several decades has shown that drivers are influenced more by the appearance of the highway itself and the prevailing traffic conditions than they are by the posted speed limit. Without our concerns about trucks and the closely spaced signals, the prevailing speeds of the drivers on T.H. 110 tells us that the speed limit should remain at 55 miles per hour. The prevailing speeds of these same drivers also tell us that 45 miles per hour speed limit would be totally out of reach because 94% of drivers are traveling in excess of that at this time. An Equal Opportuniij, Emph.rer Hon. Robert G. Lockwood November 21", 1984 Page Two If speed limit signs are posted for a lower limit than is needed to safely meet the conditions, many drivers will simply ignore the signs. At the same time, other drivers will stay within the posted limits. This generally increases the conflicts between faster and slower drivers. Studies have shown that where uniformity of speed is not maintained, accidents generally increase. Roadway conditions along T.H. 36 through North St. Paul may look similar at first glance; however, there is clearly a 5 miles per hour difference. Along T.H. 36, we not only have the truck concerns, closely spaced signalized intersections, and related accidents, but we havi? schools, pedestrian crossings, and other high volume non -signalized intersections. These added roadway conditions reflect on the speeds of the motorists traveling T.H. 36. Speeds along T.H. .36 are 5 to 6 miles per hour less than those along T.H. 110. The District will continue to monitor conditions along T.H. 110 and take corrective action as necessary. Data are being collected to determine if the warning flashers installed this year are producing the desired results. Also, we are investigating possible design modifications which may be desirable. It is expected that it will take a year or so before a decision is made as to whether or not additional advance warning flashers will be installed. Please feel free to contact Mr. Kermit McRae, District Engineer, at 779-1178 if you have any questions in this matter. Sincerely, Richard P. Braun Commissioner 0 Minnesota ;4: i Department of Transportation Q District 9 +I- OF 3485 Hadlev Avenue North, Box 9050 North St. Paul, Minnesota 55109 Telephone 779123 November 16, 1984 Mr. James E. Danielson, P.E. Public Works Director City of Mendota Heights 750 South Plaza Drive Mendota Heights, Minnesota 55120 Dear Mr. Danielson: SUBJECT: C.S. 1918 T.H. 110 & Dakota Co.Rd. 43(Lexington Ave.) Traffic Signal Operation Complaint In your letter of October 19, 1984, you asked us to investigate the problem of left turning traffic off of County Road 43 "locking up" with each other. We observed the operation of the traffic signal at T.H. 110 and County Road 43 several times specifically for the "lock up" problem at mid-day and during the morning and evening rush hours. We did not see any problem with vehicles "locking up" during these periods of time. However, we made these observations a few days after the new sections of T.H. 35E and T.H. 494 in Mendota Heights were opened to traffic and volumes were substantially lower. Before T.H. 35E was opened to T.H. 110, County Road 43 was a main route from Mendota Heights Road to T.H. 110. We will keep this intersection under observation and take appropriate action if the problem reoccurs. If you have any further questions or problems, please contact our office. Sincerely, M If j/. Michael L. Robinson, P.E. District Traffic Engineer 4n Equal Opporftitd{r Employer _ 1/04/84 CLAIMS LIST VY� 15-F.ngr 50-Rd&Bridge 90 -Animal CHECK DEGIST: R 20 -Police 60 -Utilities ire 70-ParksACCOUNT IMOUrlT VE,�100� ITEM DESCRIPTION N0. ITjy " 175.00 FRAZ=LL K=VIN DEC MI 01-4415-110-10 1 75.)0 A 983.00 BORROJ31WS 1F MINN OFFICE EO 16-4620-850-00 ' 803.31 BnRROUGHS OF MIND UORKB=NCHESFS 16-4620-850-00 19783.00 *� 15.00 DYNOTECH SP=EDJ=CHECK 01-4330-440-20 15.00 *i 100.00 RAYMO41) M%HOWALD RFDPL FEE 01-3365-000-00 100.^0 *� 105.15 NORTIWEST=RN PRINTCR FALL VL 01-4268-650-10, 17.43 NORTAWESTERN PRINTCR FALL NL 05-4268-650-15 57.20 NORTiW_ST=RN PRINTCR FALL NL 15-4268-650-60' 44.35 NORTRWESTERN 'RINTCR FALLNL 16-4268-650-00 131.45 NORTIWE ST=RN PRINTCR FALLNL 21-4268-650-00 355.25 *� 886.53 OFFIC= INTERIORS INC =OLDING TABLESFS 16-4620-850-00' 1,821 .93 OFFICE INTERI ORS .INC DESKS FS 16-4620-850-00 1. 29707.53 +✓ 101.90 SUBURBRIN TIR--&SVC TIRES/BALANCING 01-4330-440-20 197.80 SUBURBAN TIRE&SVC TIRES/BALANCING 01-4330-440-2J' 299.7_1 *. 2,750.00 SUPERIJR 'RODUCTS STACK CHAIRS 16-4620-850-00 267.60 SUPERIOR ?R ODUCTS E0 SDLYS FS 16-4620-850-00, 39017.50 +� 5.53 SAE=] PR INT COa IES 87-4490-812-00 5.53 *i 150.90 SYNIDI3TAR INC SLIDE PROGRAM 01-4305-020-20 153.)J *i 749.)7 TH!?M�SON PLBG RPR SWR SVC 15-4268-475-60 740.30 */ 149914.43 RO-SO C�ONrIACTIV3 FINAL I84-3 94-4460-821-00 14,314.40 */ 64.00 CITY W ST PAUL FILLAIR TANKS 01-4305-030-30 64.00 *i 11.05 ZAHL E3 GAS NOZZLE SPOUTS 01-4330-440-20 ' 11.95 ZAHL r_0 GAS NOZZLESPGUTS C1-4330-490-50 22.10 *i W, 1050 AIR CJMM IVC RPR POWER CABLE 01-4330-450-20 CHECK REGISTER 3U`4'r VENDO' ITEM DESCRIPTION ACCOUNT NO, I V. 253.00 ANDERSEN -7ARL F&ASSO CHANNEL POSTS 01-4420-050-50 55 253.31 3.59 AT & T INFO SYSTEMS NOV SVC 01-4210-020-20 61.33 5.33 AT & T INFO SYSTEMS NOV SVC 01-4210-050-50 5.3D AT & T INFO SYSTEMS NOV SVC 01-4210-070-70 TOM 4.50 AT & T INFO SYSTEMS NOV SVC 01-4210-315-30 MI THRU 11/27 5.29 AT & T IN= 0 SYSTEMS NOVSVC 15-4210-060-60 87-441 5-81 2•-'L'_ 23.98 +� 18.94 COAST TO COAST SCISSORS/CORD 01-4300-640-10 4' 4.82 COAST TO CAST TREE MRAP 01-4305-070-70' 41 10.)2 COAST TO COAST THERMOST ATT 01-4330-320-70 41 2.36 COAST TO -'OAST MICE TRAPS 01-4335-310-70 41 37.34 #/ 74.15 CONT=L CRI3IT CORP DEC PYMT 01-4210-020' 2 118.65 CONT -:'L CP ---)IT CORP DEC PYMT 01-4210-11q2; 59.32 CONTEL CR. -)IT CORP DEC PYMT 05-4210-105-�,. 2'.• 252.12 */ 1.601.00 OCR COR?. DEC RENT 01-4200-600-10 905.00 OCR COR'. DEC RENT 01-4200-600-20 1.664,33 DCR -'DRP. DEC RENT 05-4200-600-15 4.170.00 *,/ 93.'!0 DENNIS DEL40NT DEC m1 01-4415-021-20 90.30 *i' 127.69 ICMA RC 11/23PAYROLL 01-2072-000-00 61.33 ICMA RC 11/23PAYRCLL 01-4406-110-10 1.88.99 •� 12.32 KVUTi TOM MI THRU 11/27 05-4415-105-15 5.06 KNUTH TOM MI THRU 11/27 67-4415-941- 33.36 KNUTi TOM MI THRU11 //27 87-441 5-81 2•-'L'_ 47.74 *` ")U `I T 144.)0 1 44.0 * / 19.90 293.30 67.74 1 35.)0- 67.74 313.38 •/ 9.00 9.03 9.00 27.30 *l 21,742.44 21 9742.44 .i 190.10 31 .45 103.40 79.55 237.60 642.217 , 47.!10 40.00 *� 31.50 55.75 97.50 1 84 .75 w CHE_ICK REG1STc__R V=NOOD ITEM DESCRIPTION L,-_ LS LMCIT HIP 3LAN LMCIT 4? 'LAN LMCIT HP 3LAN LMCIT Hf' 'LAN LMCIT fi?' 'LAV LEEF 9ROS INC L E EF B R OS I`NC LEAF BROS INC METRO WASTE :ONTROL MILLER 'DiNTING MILL_? PRINTING MILLER PRINTING MILLER PRINTING MILLER PRINTING M!1f DEPT PUdLICSAFETY MINN FIRE INC NINN FIRE INC MINN FIRE INC DEC DUES DEC INS DEC INS DEC INS DEC INS DEC INS NOV SVC NOV SVC NOV SVC 3 INSTALL FALL NL FALL NL FALL NL FALL 'JL FALL ML OCT CONN CHG R=C HGIGA U G E RTC HG SMOKE BOMBS 3.4) MINN MUTUAL LIF= DEC INS 10.7.0 MINN MUTUnL LIFE DEC INS 3.40 MINV ?MUTUAL LIFE DEC INS 3.40 MINN MUTUAL LIFE DEC INS 1.70 MINN MUTUAL LIFE DEC INS ACCOUNT NO. INV* 01-2075-000-30 01-2074-000-00 01-4245-020-20 01-4245-021-20 01-4245-040-40 01-4245-050-50 01-4335-310-5J 3; 01-4335-310-70 3: 15-4335-310-60 3- 15-4449-060-60 1.` 01-4268-650-10 V 05-4268-650-15 2' 15-4268-650-60 21 16-4268-650-00 21 21-4268-650-00 2' 01 -4200-61 0- 20 84 01-4305-030-30 31 01-4305-030-30 3'. 01-4403-030-30 1; 01-2071-000-00 2'. 01-2074-000-00 2' 01-4245-020-20 2. 01-4245-021-20 2: 01-4245-050-50 2. CHECK. REG1ST --- R :.v0UNT VE ND 03 OFFIC: ITEM DESCRIPTION ACCOWNT NJ. INV.. 3.4) MINN MUTJAL LIFE DEC INS X11-4245-070-70 .2 5.10 MINN MUTUAL LIFE DEC INS 01-4245-110-"' 2 1.70 MINN MUTUAL LIFE DEC INS 05-4245-105, 2 32 .3 0 INDEX GUIDE 01-4300-020-20 B 37.73 * l L E 2.46 MOT01 PARTS SERVICE WHL STUDS 01-4330-440-20 1 2.46 *� JR NOV SVC 14-4220-132-00 325.75 157.74 N1)RTH4EST=R N BELL NOV SVC 01-4210-020-20 157.74 NORT FfWE?ST=RN 6E LL NOV SVC 01-4210-020-20 32.40 NORTiW=ST=,RN BELL NOV SVC 01-4210-050-50 110..01 NORTIWESTERN BELL +SOV SVC 01-4210-070-70 256.19 NIRT+IN_ST_IN BELL NOV SVC 01-4210-110-10 256.19 N0RTiWE:ST_IN BELL NOV SVC 01-4210-110-10 291.96 NORTHWEST -:'RN 87 -LL NOV SVC 01-4210-315-30 51,03 NORT-i,WEST RN BELL NOVSVC 05-4210-105-15 32.40 N)RTiWESTE2N BELL NOV SVC 15-4210-060-60 931.73 */ 215.00 OAK CREST KENNELS RET NOV 01-4221-800- 13).)3 OAK CREST KENNELS NOV BOARD 01-4225-800- 345.)) *-, 12.19 S&T OFFIC: PROD CALENDARS 01-4300-020-20 8 19.24 S&T )FF ICE PROD MISC SPLYS 01-4300-020-20 P' 3.04 S&T OFFICE PROD MASKING TAPE 01-4300-020-20 P, 3.26 SRT 9FFIC= PROD INDEX GUIDE 01-4300-020-20 B 37.73 * l L E JR NOV SVC 05-4220-132-15 421.85 35.30 SELANDER )UANE C DEC MI 01-4415-200-7,0 35.)0 + ' 1,620.70 SHAU3H41ESSY L E JR NOV SVC 01-4220-132-10 122.30 SHAU34NES3Y L E JR NOV SVC 03-4220-132-00 173.Q0 SHAUGHMIESSY L E JR NOV SVC 05-4220-132-15 421.85 SHAUSHNESSY L E JR NOV SVC 14-4220-132-00 325.75 SHAUSH4ESSY L E JR NOV SVC 16-4220-132-00 29670.00 *� 14.99 SNYDER DR1G STORES FILM 01-4490-020-20 7; CHECK PE'�ISTER 'I oull V _:' N DO' ITEM DESCRIPT10,11 ACCOUNT NO* 1MV.. 9.99 SNYDER DRJG STORES KEYS FS 01-4490-030-30 24.89 13.28 ST PAUL B))K&STAT SPLYS 01-4305-030-30.'a 3.62- ST PAUL BOOK&STA;T RTN 01-4305-030-30 JM 39,73 ST 'AUL BOOK&STAT SPLYS 01-4305-030-30 ,"a- 44.39 1,892.55 TROSSEN WlIGHT ASSOC OCT SVC RE FS 16-4220-850-00 1#892.55 13.95 UNIF3RMS UNLIMITED CA:' 01-4490-030-30 0� 13.95 57,74 UNIT") C7VT TRUSTEE DEC PREM 01-2071-000-00 LA 36*11 UNITED CENT TRUSTEE DEC PREM 01-4246-020-20 01 13,75 UNITr_D CE4T TRUSTEE DEC PREM 01-4246-050-50 0 13,76 U NT T _:' D CElT TRUSTEE OECPREM 01-4246-070-70 LA 131.37 75.00 UNIT---) WAY -ST PAUL DEC CONTR 01-2070-000-00 75.)0 152.90 UN IV OF MINN TUITION WARD 05-4400-105-15 152.90 135.33 WESTERN LIFE: 114S CO DEC PREM 01-4246-030-30 3-21 135.30 19630*75 W I NTH R 0 PW--- T -NST I NE &S RE LIQ ORD 01-4220-120-10 45.00 WINTl1JPW_--TNSTINE&S RE TRAFCONTSYS 01-4220-120-20 530.21' W IN Ti R 3 PW-:* IINST I NE &S RE LOWER HISS 01-4220-120-80 195.00 WINTIROPWErNSTINE&S RE WAHLfKRAJNIAK 01-4220-120-80 11500*13 WI4TtiROPW:_'TlNSTINE&S 3RD QTR RET 01-4221-120-10 3x195.60 WINTl0PW;_'lNSTINE&S 3RD QTR PROS 01-4222-120-20 397.60 WINT-IROPW-:'INSTINE&S RE FIRE RELIEF IIV 06-4220-120-00 50.00 WTNT'4ROPW--TNSTTNE&S RE BROOKS 16-4220-120-00 95.)) T WIjNlTiROPW:-TINsr A.NE&S RE CABLE FRANCH ORD 23-4220-120-0s0 -562.50 WINTiR0PW:_"1'NSTINF:&S RE HANSON 87-4220-120-00 CHF CK RE t, I3 T: R = "OU '`1T V7 IDOL 89201 .65 t ✓ 159555.44 FUN) 01 TOTAL 122.80 FUVD 33 TOTAL 2 * 169.3 2 FU40 05 TOTAL 397,60 FUND 06 TOTAL 421,85 FUND 14 IOTAL 229689,73 FUVD 15 TOTAL 99900.13 FUND 16 TOTAL 369.?5 FUVD 21 TOTAL 295.30 FUVD 23 TOTAL 5.06 FUVD 67 TOTAL 398.39 FUND 87 TOTAL 149014.44 FUVD 44 TOTAL 66,339.47 TOT%,L MANUAL CHECKS 10641 10642 10643 10644 10645 10646 10647 10648 10649 200.00 Publicorp 39.90 P. Berg 500.00 U. S. Post office 2,465.85 St. Treas SS Fund 4,417.36 St Treas Pera 4,518.61 Dir Int Revenue 350.00 DC Bank 975.15 SCCU 21,596.50, City MH PR Acct 35,063.37 GT 101,402.84 ITEM DESCRIPTION GENERAL FUND WATER RE VENUE FUND ENGR ENTERPRISE FIRE RELIEF CONSOLIDATED DEBT SERVIC SEWER UTILITY TID I79-7/81-4/82-2/82-6 INDUSTRIAL DEVELOO MENT CABLE TV FRANCHISE 180-3 TH13 REALIGN/WATER 183.4183-4g GRYC/OAK CTY I34-3 CL TROMP IVY HILL REgr Shaughnessy Refund Nov. Ins Deduction Refill Postage meter 21/23FICA 11/9 PERA 11/23 FIT 11/23 Payroll Decutions fl Net Payroll 11/23 ACCOUNT N7. Ift LIST OF 1984 CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON DECEMBER 4, 1984 Astro Masonry B & J Construction B.O.Z. Concrete Construction Bolduc Construction Company, Inc. Bor-Son Building Corporation Crawford -Merz Construction,Company Gen -Erik Heating and Cooling, Inc. Gen -Erik Heating and Cooling, Inc. J and F Excavating Lennox Builders, Inc. McQuillan Brothers Plumbing Bruce Nelson Plumbing and Heating Bruce Nelson Plumbing and Heating Lauren E. Nelson Rayco Construction Rocon Construction Company S and W Builders, Inc. Masonry License General Contractor's License Masonry License General Contractor's License General Contractor's License General Contractor's License Gas Piping License Heating and Air Cond. License Excavating License General Contractor's License General Contractor's License Gas Piping License Heating and Air Cond. License General Contractor's License General Contractor's License General Contractor's License General Contractor's License ,k,, CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council FROM: Kevin D. Frazel ��?_ City Adminiat for and SUBJECT: Grappendorf Subdivision Case No. 84-21 November 28, 1984 James E. Danielson Public Works Director INTRODUCTION• At their November 8th meeting, Council continued the Grappendorf subdivision case to the December 4th meeting. The developer had informed the City that they had dropped their rezoning request and were redesigning the plat to conform to the existing zoning (R -1A). The Planning Commission, at their October 23rd meeting had unanimously recommended denial of the rezoning request and therefore the first preliminary plat layout was invalid. DTM1.4gTnN- The final plans for the redesigned plat were not available until the night of the Planning Commission meeting, allowing for minimal staff input, the de- velopers had not contacted the adjoining neighbors, thus affording them no oppor- tunity to coordinate this proposal with their plans. Because of these two facts and because this is an unusual piece of ground with a large wetlands surrounding it, the Planning Commission has once again recommended denial of the plat as prepared. Staff has reviewed the plat since that Planning Commission meeting of ;. November 27th, and finds that all the lots, as now designed, meet or exceed the R -1A zoning requirements. Staff has not done an in depth review of wetlands, storm water and utilities, because the developer/City Council has not reques- ted/ordered the feasibility study. That study is normally ordered after the preliminary plat approval. Staff would, in that study,.include an analysis of the impact on the wetlands and a public hearing would be conducted on the find- ings. It appears to staff that if the developer can work out an agreement with the northerly neighbors on the best alignment of the north/south street and agrees to dedicate the appropriate drainage easements for wetlands preservation and protection, that the preliminary plat as presented is generally acceptable for approval. Although the Planning Commission did not approve the plat as submitted by the developer, they did recommend approval of a temporary compromise, until some of the neighborhood issues can be addressed. That compromise would subdivide the property into three parcels, Mrs. Grappendorf's homested and immediately contiguous property, the parcel purchased by the Bauers, and the remaining middle piece which developer Unruh proposes to subdivide for sale as R -1A sized lots. 1 ~ The Grappeodprf case has been somewhat confusing and complicated to say the -least. At this point it a' ro.tbat Council has at least three options. ~ 1. Approve the preliminary plat as proposed by the developer. 2. Approve an amended plat as recommended by the PleuuioQ Commission. 3. Deny the preliminary plat altogether. Staff has not talked with the developer since the 9lauoioQ Commission meeting to ascertain his preferences. We will attempt to do so before Tuesday evening. Because the rezoning request has been withdrawn and there is not a require- ment for a public hearing at Council level on Preliminary plats, tonight's action is not a formal hearing. If there are a large number of residents in attendance, Council may wish to conduct this portion of the meeting as if it were a public hearing and allow residents to he beard from. ACTION REQUIRED: Council needs to review 9lauoiuQ Commission minutes and public comments (Tom Mairo is meeting with the neighbors on Saturday and will be at the meeting to present their findings) and take action on the request. E PLANNING REPORT DATE: 27 November 1984 CASE NUMBER: 84-21 APPLICANT: Eveline Grappendorf LOCATION: Northerly of Marie Avenue, Westerly of Delaware Avenue ACTION REQUESTED: Approval of Preliminary Plat PLANNING CONSIDERATIONS: 1. You will recall Mrs. Grappendorf's application for rezoning and approval of Preliminary Plat considered at the last regular meeting of the Planning Commission. At that time the plat submitted would have required a rezoning from R -1A to R-1 reducing the required lot size from 40,000 square feet to 15,000 square feet. Interested neighbors objected strenuously to the rezoning and the resultant reduction in lot size, which would likely have had far reaching effects on the future development of property in the immediate area. 2. It was suggested at the meeting that the plat be reconsidered and the zoning proposal dropped, amending the proposed Preliminary Plat so as to develop lot sizes in keeping with the R-lA (40,000 square feet) zoning regulations. One of the methods for accomplishing this objective would have been to propose an east -west cul-de-sac on the northerly property line, sharing such a public street extension with the property owner to the north. The Preliminary Plat submitted for review at this time suggests the development of such a cul-de-sac within the Grappendorf property, but contiguous to the northerly property. You will note that the proposed development now basically conforms with the R -1A lot size requirements. This proposal is different too in that it now includes the rear portion of the property immediately north of Mrs. Grappendorf's house. This contiguous owner's property is now divided into Lots 4 and 5 of Block 2. 3. It would appear that this Preliminary Plat proposal now conforms to City standards, and is in keeping with the Planning Commission's basic directive. the remaining problem, however, could be that of the reaction of the property owner to the north of the Grappendorf parcel. Obviously, the construction of the cul-de-sac as proposed (the east -west cul-de-sac) allows for the future development of portions of the land to the north. To our knowledge, this land owner has not been contacted regarding this proposal. Thus, the Commission may have to await the results of the Planning Commission hearing to ascertain this reaction. One of the possible ways of handling this cul-de-sac is to have the assessments deferred that would affect the land owner to the north until CASE NUMBER: 84-21 APPLICANT: Eveline Oiipp4ndotl Aw N ­' Page 2 i1. such time as development is proposed. If this owner cared to develop portions of his land now, obviously, that—could be accomplished if he so desired. 1 4. At such time as homes are proposed to be constructed on Lot 1, Block 1, and on Lots 1, 2, and 3 of Block 2, it would appear that a variance to the 100 foot setback to the creek line may be required. It would appear, that under the circumstances and the given dimensions of the 8.1 parcel owned by Mrs. Grappendorf, that reasonable building sites are possible for all the lots proposed. There may be some problem with respect to the development of Lot 1, Block I (the westerly most lot) inasmuch as there is relatively little high ground on which to construct a residence. We understand, however, that the potential owner of this property (the home owner directly to the south) proposes to retain this land as open space for the foreseeable future. 5. It would appear that the design of the Preliminary Plat as proposed has made a serious attempt to develop within the existing regulations creating a total of seven lots out of the two parcels that exist as of this time. An important consideration is that of the future development of the property to the north, and that land owners reaction to this potential. 6. Attached are drawings labeled 1, 2, and 3 which indicate the relationship of the Grappendorf property to the development pattern in the area, delineation of the zoning districts in the area, and the relationship to the Wetlands System in this part of the City. 7 J; t LAXEII� UWECT.VROPERI �• -r+ SOMERSET ,�' •. I • '. COUNTRY CLUB . •,� GOLF COURSE 1' � I + �+ ' r• WENTWO TH % 1 N pv.Rtt I — • /^, i wcroorA Ncllwn MR 3 OOIi COlM3E I \mit I / •� — •- • • f • -----tit-� / � ) � . . • ' • - •" r SUBJECT •...� --/!/�'� �� ;PROPERTY mrd - . • ._ _ I -��• �° V-8001 JAARX CALLA r • !"'s .,In— _J I • • •N•0• M•N .CIIOOI mmco t. DRAWING 1 •1 I ,i� WENTWOATN f PARR I , MENDOTA MEIOHTS PAR J GOLF COURSE (PUBLIC) 11 N 1 An\r SUBJECT PROPERTY V-aoo, J�r DRAWING 2 t r+ SUBJECT PROPERTY V-aoo, J�r DRAWING 2 NOV, 2 61984 AGREEMENT TO PARTICIPATE IN REPLAT WHEREAS: I. Eveline Grappendorf of 1769 Delaware, have made application to the City of Mendota Heights for the replat of property legally described as follows: The South I of the North } of the Southeast i of the Southeast i except the East 526.39 feet of the North I of the South J of the North• i of the Southeast � of the Southeast J; Seo. 249 Twp. 28, Range 23, Dakota County, Minnesota. and WHEREAS: We, Terrance L. Erdrich & wife of 1737 Delaware, are in agreement to join in with the above party and property to replat the property legally described as follows: The East 526.39 feet of the North * of the South J of the North * of the Southeast J of the Southeast 1; Seo. 24, Twp. 28, Range 23, Dakota County, Minnesota. and In exchange for 11,000 sq.ft. of Eveline Grappendorfs prop- erty adjoining the latter described property, Terrance L. Erdrich & wife agree to Assessment costs not to exceed $20,000.00 which amount shall be their maximum assessment share of the Street curb & gutter and Sewer & water costs. HOWEVER: If total assessment costs assesst against the Grapp- endort pproperty is $80,000.00 or less, The total cost to Erdri h's shall not exceed 251 of the.total assesst. HOWEVER: Terrance L. Erdrich & wife shall have the option to withdraw, by certified letter, from this agreement if the replat approval has not been completed by Dec. 1, 1985. This agreement shall remain in full force until interested parties have been so notified. And: Terrance L. Erdrich & wife shall incur no costs to them from gngineering, Surrveying & Development charges for the inclusion of their property in the replat. L) 2 Subscribed and s orn to before me this Day of 1 1984 � o ary pu g FL OYD R. UNRUH NOTARY P.UDLIC-MINNESOTA yr COMMI..ION Z.XPIRi. OCT- October 24, 1984 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING ON APPLICATION FOR REZONING AND SUBDIVISION 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 Thursday, November 8th, 1984, in the City Hall Council Chambers, at 750 South Plaza Drive, Mendota Heights, Minnesota, to consider an application from Mrs. Eveline Grappendorf, for the rezoning and subdivision of property commonly known as: The S11 of the Nl� of the SE114 of Section 24, Township 28, Range 23, except the E 526.39 feet of the Nj of said S!j, Dakota County, Minnesota. More particularly, this property is described as being 1769 Delaware Avenue, (660 feet north of Marie Avenue). This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed rezoning and subdivision of property will be heard at this meeting. Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO C 0 October 25, 1984 TO: Mayor, City Council, and City �inistrator FROM: James E. Danielson Public Works Director .•,14!SDBJECT: Case 484-21, Grappendorf Rezoning and Subdivision .1 11 . DISCUSSION On October 23rd, the Planning Commission conducted a public hearing to consid- er a rezoning and preliminary plat approval for the Grappendorf property, which is located north of Ridgewood Drive. Mrs. Grappendorf has already sold two pieces of her 8.1 acres without prior City approval. 1. She sold approximately two acres to Mr. and Mrs. Donald Bauer, who live at the end of Ridgewood Drive. They bought two acres of wetlands and indicate that they intend to keep it "wild". They bought the land ® thinking they had a legal piece of property, but the County will not let them obtain title because they cannot show proof that the City has approved the land division. The Bauers are presently in litigation with Mrs. Grappendorf over this matter. 2. Mr. Michael Gustafson is purchasing Mrs. Grappendorf's homesite on a contract for deed, together with approximately one acre of land. This land division also has not been approved by the City. 3. The remaining 5t acres are being proposed to be divided into six more lots. There was a large turn -out for the public hearing and no one at the hearing was in favor of the rezoning. The Planning Commission unanimously voted to deny the rezoning and because the plat is proposed for R-1 density, also recommended denial of the plat. ACTION REQUIRED Council should conduct the required public hearings and, based on input from the Planning Commission, Council and public, act first upon the requested rezoning and then on the preliminary plat. JED:madlr CITY OF MENDOTA HEIGHTS + DAKOTA COUNTY, MINNESOTA APPLICATION FOR CONSIDERATION OF i PLANNING REQUEST Applicant� Name:, !' a d16 V�- V P.. Last First ;Address: Number & Street City Z;; ;Telephone Number:f �I�V-610 , Owner Name: C3'j'�,f�/� Pti e! 6✓ J FI/ e, 1 J 0 La First J Address: / f76 9 //� /Ciue 1 �/ F Number & Street City Street Location of Property in Question: Legal Description of -,Property: �-yc — .2 / Case No. Date of Application 10 -2 -dl -71 Fee Paid "'J,3,5- c,2,0 -P Initial State zip Initial J tr �1 �f /lig 5S-1 Z. U State zip EW�� i Type of Request: t i Rezoning Variance Conditional Use Permit Conditional Use Permit for P.U.D. Minor Conditional Use Permit j� Subdivision Approval Plan Approval Wetlands Permit Other 3w Applicable City Ordinance Number Section Present Zoning of Property: 91,4 Present Use of Property: Proposed Zoning of Property: Proposed Use of Property: Number of people intended to live or work on premises: A "; 5; I hereby declare that all statements made in this request and on the additional material are true. Signature of 4plicAnt Date Received by (title) NOTE: The -following plans shall be drawn and attached to this application: A. Applicitions involving a Variance shall submit the following 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. 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 & landscap 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. a, CITY OF MENDOTA HEIGHTS MEMO TO: Planning Commission October 18, 1984 FROM: James Danielson and Paul Berg Public Works Director Code Enforcement Officer -SUBJECT: CASE #84-21, GRAPPENDORF, Rezoning and Subdivision Approval r -,-."";'DISCUSSION Mrs. Eveline Grappendorf, 1769 Delaware, has been in on several occasions :-,:over the past few years trying to sell all, or parts of her 8.1 acres of the land she owns with her home that fronts on Delaware just north of Marie Avenue. She has been unable to find an easy solution to her problem of land sale because of the lack of public streets and utilities to the west half of her property. Her problem is further complicated by a creek running through her property which is part of the City's wetland system. ® Of recent, Mrs. Grappendorf has sold approximately two acres of the west portion of her land (mostly wetlands) to Mr. and Mrs. Bauer, 1759 Ridgewood Drive. She completed that sale without getting subdivision approval from the City. She is currently selling her home with a small easterly portion of property to Mr. Mike Gustafson. Mr. Gustafson is anxious for the City to approve that subdivision so that he can complete negotiations and take possession of the house and property. Mrs. Grappendorf is now working through Floyd Unruh to subdivide her property into 8 lots-. Of the new lots, Lot 1, Block 1, exceeds current zoning requirements for area, but there is some question about constructing a dwelling on that lot due to wetland ordinance provisions. We understand that the Bauers, who have purchased that lot, intend to preserve it in its present state for the near future. Lots 1, 2, 3, and 4, Block 2, are all less than the current 40,000 square foot minimum required by R-lA zoning. Lot 5 is slightly less than the current minimum, but with minor lot line adjustment, could comply with R-lA zoning requirements. Lot 6, which contains the existing home, appears to comply with all aspects of the curring zoning. Lot 7 complies with present R-lA zoning requirements, however, there is a creek flowing through the middle of the lot, which could make house placement difficult. Ridgewood Drive presently exceeds the City's 500 foot maximum cul-de-sac length. This new development would further lengthen the dead-end situation, however, future plans would include extending Ridgewood to connect with another street. - 2 - Park contribution for this subdivision would be for seven new lots, at $600 per lot. ACTION REQUIRED Conduct a public hearing first on the proposed rezoning request, and then on the preliminary plat which is.prepared using R1 zoning criteria, and based on input from the Planning Commission and public, make a recommendation on the two separate requests to the City Council. JED/PRB:madlr ,—PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: _DN REQUESTED: "',,,y—,)PLANNING CONSIDERATIONS: 23 October 1984 84-21 Eveline Grappendorf Northerly of Marie Avenue, Westerly of Delaware Avenue Rezoning from R -1A to R-1 Approval of Preliminary Plat :t.'1. This property is an 8.1 acre tract with frontage on Delaware Avenue and 60 feet of frontage on Ridgewood Drive, which is a cul-de-sac extending northerly from Marie AVenue. Copies of the attached sketches indicate location and relationships to these two streets. When Ridgewood Drive was platted with a cul-de-sac at the end, the cul-de-sac was designed so as to provide 60 feet of frontage on the southerly edge of the Grappendorf property. this was done intentionally so that the cul-de-sac could ultimately be extended northerly through the Grappendorf property, and possibly northerly from there to the various larger tracts that front on Delaware. Ultimately, this street hopefully will be extended in some fashion to Wentworth Avenue. The proposal to extend this cul-de-sac north -south through the westerly end of the Grappendorf property is in keeping with the long range street plan for this portion of the City. 2. Within this past year, we have had conversations with representatives of Mrs. Grappendorf and the owner of the single family lot immediately west of the cul-de-sac at the end of Ridgewood Drive. The owner of that lot has contracted to purchase the westerly 270 feet of the Grappendorf property. In order for that property to be divided as a separate parcel from the remainder, it is necessary for the parcel to have street frontage. Thus, part of the purpose of this plat is to allow for the platting of that lot which will be Lot 1 of Block 1 containing 88,830 square feet. The apparent reason for this lot remaining so large is that it is under a contract sale to the owner of the home to the south, Donald J. Bauer. Rather than simply construct an extension of the existing Ridgewood Drive cul-de-sac the Grappendorfs have proposed to extend another cul-de-sac easterly from the extension of Ridgewood Drive, which you will notice on the copy of the attached Preliminary Plat. This cul-de-sac is labeled as Stanwich Avenue. 3. On the north side of Stanwich Avenue, the plat proposes to develop four single family lots, each with 118.7 feet of width, with a land area of 15,074 square feet. Though these lots meet the R-1 requirements (100 feet of frontage and 15,000 square feet of land area), this portion of the CASE NUMBER: 84-21 APPLICANT: Eveline Grappendorf &Page 2 City, as' you know, is zoned R -JA, which requires 40,000 square feet of land. Attached is a copy of a portion of the base map of the City of Mendota Heights indicating the parcel arrangement in this part of the City (see attached Drawing 1). You will notice that all the parcels in that area are 40,000 square feet or more, including the plat directly to the south served by the Ridgewood Drive cul-de-sac. A rezoning of the entire parcel (8.1 acres) is a radical departure from the existing zoning pattern that was established in 1962 when the new zoning ordinance and zoning map were adopted. You will notice from a copy of the Zoning map attached (Drawing 2) that the line between the R-1 and R -1A Districts meanders through the easterly portion of the City. This line was established by discussing the lot area policy with the then owners of the properties in question. It was mutually decided among these owners and -the City Planning Commission and Council at that time that this was the desired line delineating the higher density area of the City from that of the lower density. If the property in question is rezoned it would obviously affect future policy with respect to the lot size standard in this area of the City. It would thus seem fair and appropriate that owners of land in the area of the plat (particularly to the north) be involved in discussions regarding this future policy. 4. You will notice that only four lots are affected by the proposed smaller lot standard. Though one of the four remaining large lots is proposed to be platted at 36,962 square feet, the others are well over 40,000 square feet. Having not reviewed this plat with the Grappendorfs as presented, we are not certain of their philosophy in mixing the relatively small lots with the very large lots proposed on the same plat. 5. Attached as Drawing 3 is a copy of the Wetlands System in this area of the city. You will notice that there is a wetlands drainage system which runs through the southerly portion of the property. This drainage system runs east -west through approximately the center of Lot 7 of Block 2 (which probably should be labeled Block 3). There appears to be a problem here with respect to how the lot can be developed without placing a structure astride the drainage system as it now exists. One solution to this problem would be to move the Stanwich Avenue cul-de-sac northerly to the property line contiguous to the Thomas G. Mairs property. If this were done, approximately four lots could be platted with a north -south orientation, thereby placing the wetlands System in the southerly portion (rear yard area) of these lots. If such a cul-de-sac were platted on this common northerly property line (If Mr. Mairs agrees) the cost of the cul-de-sac to the Grappendorfs would be cut in half. This revision to the plat would likely solve both the problem of the ultimate development of Lot 7 as it relates to the Wetlands Ordinance, and provide for lots large enough which would not require the rezoning to R-1. 6. If it is decided that the rezoning is appropriate, it would suggest That the plat be revised so as to not have to construct the Stanwich Avenue cul-de-sac as long as proposed. To create the lots proposed from the plat, their need only be 100 feet of frontage for Lot 5 as measured at the building line which is 30 feet back from the right-of-way of the cul-de-sac. Thus, the cul-de-sac could be constructed further to the west CASE NUMBER: 84-21 APPLICANT: Eveline Grappendorf Page 3 with a g'reater portion of it on Lot 7. This would appear to eliminate some substantial grading now proposed on the east end of the Stanwich Avenue cul-de-sac. 7. In summary, it would appear as though the extension of Ridgewood Drive is perfectly appropriate in accordance with past planning objectives in this part of the City. The rezoning of the land to the smaller lot size, however, is a broad issue which we carefully reviewed with affected property owners inasmuch as it would likely dictate future lot size policy in properties to the north as ' well. The implications on the Wetlands System created by Lot 7 as now proposed to be platted is a serious consideration which should be addressed now. We are not suggesting that a Wetlands Permit be processed at this time, but that a solution involving the platting of the land in a different way might be appropriate at this dime. ME 9 ',mak - • SOMERSET ` %Rn.. AVENUE �. `• I • •; �., a • COUNTRY CLUB f "•I ••. •�i H GOLF COURSEAITAVENUE WENTWO{ TH r PARK rt 1 aK• .` f � 1 ' • i f MENDOTA HEIGHTS j lt1 ,r, :'..' • n PAR 3 GOLF COURSE r . tl �l ^••"' N I PUBLIC)6ACHELDR AVENUE r .. • ' a SUBJECT PROPERTY 1"-800' ..n,., .. • • f ♦ ♦ ` f • . t • � •fir • MARIE AVENUE CALL f i a • 2 4 f. l , FREEWAY ROAD;i j,( • � , i MtwrtV st�tcr � 'w .1• •'r�{ I . • •. �'• Vii. ,Ysy. DRAWING 1 If WENTWORTH MENDOTA HEIGHTS PAR 3 GOLF COURSE (PUBLIC) .:SUBJECT PROPERTY -800' "577, DRAWING 2 d� g10 10 00/ Cl SuBjecr Pno, C CITY OF MENDOTA HEIGHT MEMO November 29, 1984 TO: Mayor, City Council and City Adm' 4Da� FROM: James E. Danielson Public Works Director SUBJECT: Rush Wetlands Permit Case No. 84-25 nTQPITgQTnM The Planning Commission unanimously approved the attached wetlands permit at their November 27th meeting. It was suggested by the Planning Commission that a drainage and utility easement covering the creek area be dedicated to the City. Staff has prepared that document and sent it to the Rushs' for their signature. RECOMMENDATION: Subject to receipt of the drainage and utility easement Planning Commission and staff recommend waiving the public hearing and granting a Wetlands Permit to Lot 3, Willow Springs Addition (683 Marie Avenue). "'" ACTION REQUIRED: If Council wishes to implement the Planning Commission and staff recommenda- tion they should pass a motion waiving the public hearing and granting a Wetlands Permit to Lot 3, Willow Springs Addition to construct a home to within 57 feet of the drainage way as depicted on the plot plan presented to the City on November 28, 1984. 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Applicant f(-jName: /- Las/t/ n First Address: Number & Street City Telephone Number: 22 V— o (,(l Owner Name: j`7 L Last First L ` Case No. Date of Applicat on e) Fee Paid \\ Initial State Initial 6-7a Zip Address: O / Z�:-, 57•- VW0G- /"(/V• S •S/ O 7 Number & Street City State Zip Street Location of Property in Question: Legal Description of Property: ki>--/o r r) n I JL Type of Request: Rezoning — Conditional Use Permit - Conditional Use Permit for P.U.D. -- Minor.Conditional Use Permit Subdivision Approval Plan Approval Wetlands Permit Other ...— ,. = f ..,..:n:. + - '>iiF-r... •.YDS i --.q: . J •- w. CITY OF MENDOTA HEI`GHTS MEMO --- Novemhcr 20, 1984 TO: Planning Commission FROM: Jim Danielson P.W. DiraeLor. and Paul. Berg Code Enforcement Officer SUBJECT: Case #84-25, Wetlands Permit for Lot 3, Willow Springs AdcliL.ion ENT ROD UCTLON Dick Bjorklund, Sr., on behalf of Patricia and Warren Rush, has subdiLted a site plan and made applic'aLion for a wcLlands permit. DfSCUSSION The Rush's intention is Lo have Mr. Bjorklund construct a new home on Lot 3, Willow Springs Addition, located at 688 Marie Avenue. This lot, which :is 1.43 feet wide and 303 feet deep, contains 43,329 square feet. The new home is proposed to he set hack 50 feet from the south lot line, 39'8" from the west lot line, 22'8" front the vast lot line and 218 feet- from Che north IOL line. The proposed setback d itit,lnc v from Chu rear of the new home to the creek is 57 feet. The wetlands ordinance requires a 100 FOOL SeLbnc'k, thus requiring approval of a 43 Foot: uncroachmem . This home is Lo be hu i l t on Lhv remaining vacant. lot between Lhe proposod Callahan subdi- i.sttnl ,Ind Che UXISLing home: along ;Marie Lu We 60St. f� The majority of the homes along Mar i.e Avenue to the east are setback an average of 70 feat from Lhe right-nf -way. 1%then Mr. Goff consCructed his home, he was gran Lod a front yard Setback variance to site his home with 60 feet of setback. This was done to accommodate the creek that angles toward the front lot lines. The Rush lot was also granted a variance at that same time, t,w_.have a 50 foot setback. Although a public hearing is required for a wetland permit, previsions have been made in the ordinance for the waiving of the hearing in the case of a minor development involving one or Lwo family dwellings. Mrs. Rush has promised to present her site plan to the Adjacent neighbors and get signatures of concurrence from them. At the time she made application, she had acquired Mrs. Pam Coff's signature of approval. RECOMMENDATION Ma Staff hds reviewed the site plan and, subject: to rvveipL of luLters of concurrence from the adjacent neighbors, staff recommends waiving the public hearing, and rerommPnd ins: npprova 1 to the City Cnunv i 1 . ACTI0N RI111'IRMI 11 Pl,illi ing catilmissinn contur,s with :;Lill',; recommendation, It should waive ht' 1)111, 1 ',t ht' 11- Ill;' 11111 1 et't Nrllllt'nd .fppl ftV.I I of Jilt- I-t'titlost ed wel kinds IWI-1111 L . U a4A/w, lel,161�- CONCURRENCE OF LOT 3 WILLOW SPRINGS ADDITION �0V 2 8 1984 MRS. RUSH HAS SHOWN THE PLOT PLAN OF THE CONSTRUCTION OF THEIR HOME ON LOT 3 WILLOW SPRINGS ADDITION. too, 0A PLANNING RBPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PLANNING CONSIDERATIONS: 27 November 1984 84-25 Warren Rush North of Marie Avenue, Easterly of Dodd Road Approval of Variance to Wetlands Setback 1. Mr. and Mrs. Warren Rush propose to build a residence to be constructed by Dick Bjorklund, local contractor, on the subject property as located on the attached sketches. You will notice on the sketch delineating the Wetlands System in this portion of the City that the lot is indicated with a gray overlay pattern. There is a tributary of a stream which ultimately leads to Ivy Fall Creek which passes through the property. A more exact location for this stream is as indicated on the attached plot plan (drawn at 1"-200' scale) which is also attached to this report. 2. Last week at our regular office hour sessions at the City Hall, the staff, Jim Danielson, Paul Berg, and myself reviewed this development proposal with Dick Bjorklund and the Rushes. They propose to construct a home which will be set back a distance of 57 feet from the creek. The Wetlands Ordinance specifies a minimum distance of 100 feet. They are therefore asking for a variance to this 100 foot setback. 3. You will notice on the site plan that the home is to be set back 50 feet from the north right-of-way line of Marie Avenue. This distance was previously established by the Planning Commission and Council in its consideration of the development proposed on the property to the west. On that property the setback was established at 40 feet. These setbacks are dictated by the fact that the homes further to the east are set back a distance of 60 feet. These setbacks carry out the intent of the front yard requirements as stipulated in the Zoning Ordinance. 4. The depth of the house (dimension from front to the back) is only 30 feet and thus there has been an obvious attempt to keep the back of the house as far from the creek as possible. Under these conditions, it would appear that the placement of the home as proposed represents a logical solution to the problem. 5. You will note that the basement grade is proposed to be at 90.4 feet, whereas the top of the creek bed as indicated on the topographical site plan varies from 84.1 (east side) to 82.4 (west side). Mr. Danielson, the Public Works Director, has reviewed these grades and finds them satisfactory for development purposes. CASE NUMBER: 84-25 APPLICANT: Warren Rush Page -i", 6. The 'Planning Commission and Council may wish to consider a condition to the Wetlands Permit that appropriate measures be taken, subject to approval of the Public Works Director so as to prevent the erosion of fill northerly into the creek bed. The condition should also be attached that the residence and development of the site be done in accordance with the plot plan submitted and dated as of the Planning Commission recommendation (date to be applied). 7. Attached is a copy of an air photo indicating the location of the property in relationship to the existing homes to the east. e S4 .3 Lc Lori 49 . 40 --1 1 7 S 0 zo h i 9 h; N NI yr,;at i1 i.1 0%1 L L C � � 9 V) ro a VIEN 589, a —7 titGAN t• L /OSG ft i 6$4,rt i44,YF C'AO -2 j. 3 l - ° o r * ,�z.•s � tt.fo. .�� 230. S 104 = t Jt.4 --1 !to - 304 .779 4a 2 .{P � � R � u N • 4 ,04 Oi.Li L /oyca' .E' 8 Llici//a yt/a//t'ci- Z'4• 1.3 73 Z 4 0 `ofXC&PTto+J °`" C,EKAL0 a { FEL -NA B. OuDWO V -IV c. �Lvl d -A1 - Q�V 7 o OQ ` 3.3---- z IL7 ­• �_ Z$ 1 o' v / a, h r � r N 4S00. r crS 4- a a ti Z S LC. ^ 2QL Zd L e S4 .3 Lc Lori 49 . 40 --1 1 7 S 0 zo h i 9 h; N NI M 0E w VIEN 589, —7 titGAN ft L C'AO -2 l 2 �� r 230. S 104 = t Jt.4 --1 !to - 304 t n Z'4• Z 4 Q�V IL7 �_ Z$ r � r N N r � a ti Z S LC. ^ 2QL Zd L +� r CAL-LAHA N 3 3 Z in 8• 9 v o 0 5 k4Aef 6 - 16 2 o L. 'L. 0 i 30 h N +i Lo to t PLACE zo h i 9 h; N NI 30 h N +i Lo to t PLACE CITY OF MENDOTA HEIGHTS MEMO November 30, 1984 TO: Mayor, City Council and City A;ii�ni 2 for FROM: James E. Danielson Public Works Director SUBJECT: Garron Feasibility Sewers, Water, Streets Job No. 8420 Improvement No. 84, Project No. 2 At the November 29, 1984 City Council meeting it was the consensus of the Council to conduct a feasibility hearing for the public improve- ments for the Garron property. Staff has prepared the appropriate Resolution to order that hearing. RECOMMENDATION: Staff recommends the hearing be conducted at the second regular City Council meeting in January at 7:45 P.M. ACTION REQUIRED: If Council wishes to implement the staff recommendation it should pass a motion adopting Resolution No. 84- , Resolution Accepting Engineer's Report And Calling For Hearing On Proposed Sanitary Sewer, Water, Storm Sewer, and Street Improvements To Serve The Garron Pro- perty (Improvement No. 84, Project No. 2) City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 84 - RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER, AND� IMPROVEMENTS TO SERVE THE.GkRRGN" OP TY (IMPROVEMENT NO. 84, PROJECT NO. 2) WHEREAS, the City Engineer has submitted his report to the City Council with respect to the proposed construction of the following improvements to serve the:Ga� Property and ajacent areas, to -wit: The construction of an extension to the City's sanitary sewer system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easementsin the areas hereinafter more particularly described. The construction of a storm sewer system including appurtenances and incidentals thereto and the acquisition of easements, in and for the area hereinafter more particularly described. The construction of an extension to the City's water distribution system including appurtenances and incidentals thereto, and the acqui- sition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particularly described. The construction of street improvements consisting of the acquisi- tion of easements and the grading, stabilization, drainage and bitumi- nous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the area hereinafter more particularly described. WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minne- sota, and is more particularly described as follows: The land abutting Pilot Knob Road (CSAR 31 and CR31A) extending from LeMay Avenue on the South to its terminus on the North. WHEREAS, in said report said City Engineer reported that the proposed improvements and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That the report of said City Engineer be and is hereby re- ceived. 2. That a public hearing on said improvements be on Tuesday, January 15, 1985 at 7:45 o'clock,P.M. at the Mendota Heights City 4 Hall 750 South Plaza Drive in the City of Mendota Heights. 3. That the City Clerk, with the aid and assistance of the City Attorney, be and is hereby authorized and directed to prepare a notice of said hearing and to cause said notice to be published and mailed to the owners of the property situated within said area, all in accordance with applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this 4th day of December, 1984. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor )Z;; ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS MEMO November 30, 1984 ,�o �- TO: Mayor, City Council and City AdmiAistrator FROM: James E. Danielson Public Works Director SUBJECT: Mendota Interchange Project Job No. 8310 nTcrficcTnN It was brought out at the November 29th City Council meeting by City Planner Dahlgren that, within the Mendota Interchange Project, an 'at -grade intersection of Acacia Boulevard (CSAH 31) with Trunk Highway 55 would better serve the land in that area of the City. The present design is a bridge overpass with no abdess to Trunk Highway 55.' RECOMMENDATION: Staff recommends Council direct staff to prepare a letter for the Mayor's signature requesting Mn/DOT consideration of making Acacia Boulevard an at grade intersection with Trunk Highway 55. Because Acacia Boulevard is a County Road this request should be coordinated through the County. ACTION REQUIRED: If Council concurs with the staff recommendation it should direct staff to prepare the subject letter for the Mayor's signature. 1 CITY OF MENDOTA HEIGHTS MEMO TO: Mayor and City Council FROM: Kevin D. Frazell City Administrator November 27, 1984 SUBJECT: Implementation of Comparable Worth Legislation INTRODUCTION The 1984 legislature passed a "comparable worth" bill, mandating all political subdivisions of the State to evaluate and implement equitable compen- sation relationships among its employees. The Metropolitan Area Manager's Association (MAMA) has been working to comply with the law on a group basis. The purpose of this memo is to seek Council concurrence for our participation in the MAMA project. BACKGROUND Comparable worth has been called the equal rights issue of the 80's. Briefly, comparable worth is a step beyond the already well established legal doctrine of "equal pay for equal work". The concept is that jobs of comparable worth to an employer (in terms of skills, qualifications, difficulty of effort, etc.) should be paid comparable compensation. Its proponents seek to redress the issue of "female dominated" positions (ie, nurses, secretaries, teachers, etc.) paying less than "male dominated" positions (ie, custodian, laborer, etc.) when the furmer are equally or more demanding than the latter. The Stat legislature imposed comparable worth on the State agencies a couple of years ago,;aud extended coverage to ail political subdivisions, including cities in the 1984 session. Under the Act as adopted, the City is required to: I 1. Establish equitable compensation relationships between female -dominated, male'domi_iated, and balanced classes of employees. 2. Assure that compensation for all positions bears reasonable relationship to one another. 3. Assure that compensation for all positions bears a reasonable relationship to similar positions of other employers (ie., other cities, private employers). 4. Use aIjob evaluation system to determine work of comparable value. S. Meet Ind confer with exclusive representatives of its employees on the devel{opment or selection of the job evaluation system. I For purposes of the above, the act defines "reasonable relationship" as: 2 1. Compensation for positions which require comparable skill, effort, responsibility, working conditions, and other work related criteria is comparable; and 2. Compensation for positions which require differing skill, effort, responsibility, working conditions and other work related criteria, is proportional to the skill, effort, responsibility, working conditions, and other relevant criteria required. Further, the City must: 1. Submit a report containing the job evaluation results to exclusive representatives of the employees. 2. Report to the State Commissioner of Employee Relations by October 1, 1985, on its plan for implementing the evaluaticn study and a timetable for rectifying any pay inequities found. After August 1, 1987, there is a cause of action and right to file complaints with the State Department of Human Rights for failure to comply with the Act. MAMA JOINT EFFORTS For the past decade or so, the Metropolitan Area Manager's Association (MAMA) has attempted to coordinate labor contract negotiations in the metropolitan area suburbs. Similarly, MAMA has decided to tackle implementation of the comparable worth legislation on a joint basis, in order to: 1. Achieve economies of scale for a professional study that would be pro- hibitively expensive for individual cities; and 2. Most importantly, coordinate job evaluation efforts by individual cities so as to avoid getting "whipsawed" with the results. Z" Attached is a memo from William joynes, City Manager of Golden Valley and Chair- man of the MAMA General Labor Relations Committee, describing MAMA's efforts to select a personnel consulting firm to conduct the study on behalf of participant communities. As indicated, they have selected Control Data Corporation, for the reasons cited. MENDOTA HEIGHTS' PARTICIPATION Assuming that the cost to us does not significantly exceed the $3,500 - $4,000 indicated for smaller cities, it is my recommendation that we participate. My reasons are as follows: 1. It is extremely important that the analysis be done in a highly competent and professional manner. Most managers fully expect that there will eventually be litigation over implementation of comparable worth, -,either against individual government agencies, or against a large group of agencies. Some of you may be aware of the Washington State case in which a federal court has awarded over $1 billion in back pay to female employees of that 2. For the sake of all metropolitan municipalities, including Mendota Heights, it is imperative that our efforts be coordinated and results similar. Dis- similar job evaluation results in different cities would surely be a prime cause for successful litigation. -3- 3. The cost to hire our own consultant would undoubtedly be several times the cost I indicated for participation in the joint study. 4. No one on staff has either the time or expertise to do the work in-house. You may be asking yourself if this isn't what we did with the comprehensive pay plat last year. Frankly, that plan probably would meet the requirements of the comparable worth act, asifar as it went. However, it was solely a comparison of office, technical, and managerial employees, all of which can be compared on a similar ranking system. The Act requires that we do a comparison of all City employees; I simply do not have the expertiselto compare the value of a police officer to a public works employee to an office worker: Also, I would not have the time. Last year's plan was developed when we had two Administrators on board, and I could devote hours of uninterrupted time; that is a luxury we no longer have. I would add, however, that the comparable worth requirements do not mean our earlier efforts were in vain. As a result of the pay plan adopted last year, and changes made in our publiclworks contract, I feel that we are much less vulnerable to findings of significant pay discrepancy. More simply put, I think we are a year or two ahead of where many cities will find themselves. BUDGET IMPACT As indicated in Mr. Joynes' memo, the expected cost for small cities will be $3,500 to $4,000, depending on final participation. I will get more definitive information at the December 4th meeting. This expenditure was not anticipated at the time of preparing the 1985 budget. The 1984 Administration budget includes a contingency line item of $10,460, none of which has been used at this time. However, a $3,000 overrun in capital equipment (for purchaselof the personal computer authorized by Council last summer) will have to be covered This should leave adequate funds for the comparable worth study, which can be encumbered if we enter the contract this year. I ACTION REQUIRED I will get further information, including a more definitive cost, at the Dec- ember 4th MAMA meeting. That information will be provided with the add-on agenda for Tuesday's meeting, along with a specific action recommendation. I will bell required to make a tentative committment at the Tuesday morning meeting, subject to final Council ratification. If you have any strong feelings about this, pltease give me a call Monday. Respectfully submitted, Kevin D. Frazell City Administrator KDF:madlr enclosure DATE: November 21, 1984 TO: All Managers, Administrators, Elected Officials FROM: William Joynes Chairman, MAMA General Labor Relations Committee RE: MAMA Joint Comparable Worth Study As many of you are aware, three months ago the Metropolitan Area Management Association undertook a project to determine whether or not suburban cities could jointly produce a study that would comply with comparable worth legisla- tion enacted in the 1984 session. At that time, we asked cities to indicate whether or not they would be willing to fund on an equal basis,'our investiga- tion into that possibility. Some 57 communities agreed to do so at a cost of approximately $200 per city. We estimated that amount would be'required to develop our request for proposals and to screen various consulting organizations who might wish to bid on such a joint venture. Our desire to approach the study jointly was based on two reasons: First, the - historical effort that MAMA has made in comparing wages and fringe benefits, and the success we have had in keeping their levels consistent in the metro area. Secondly, we felt that it was preferable for all MAMA cities to,have used a com- mon approach in the event that future litigation occurs. We are now at a point where a committee of managers made up of myself, Bob Thistle from Coon Rapids, Jim Miller from Minnetonka, Jim Brimeyer from St. Louis Park, and Jim Lacina from Woodbury, with support from Labor Relations Associates, is recommending to the 57 cities the selection of Control Data Corporation Business Advisors as the vendor to accomplish the job evaluation study mandated by State law. A summary of the proposal is attached for your information. At a December 4, 1984 meeting of MAMA managers and administrators each of the 57 cities will be asked to indicate if they prefer to continue jointly or proceed on their own with a separate study. To help cities make that decision, I have attempted to provide more detailed background information on the screening pro- cess, the rationale for the selection of CDC and the anticipated costs for the joint approach. SCREENING PROCESS We began in August of this year by sending out a generally worded RFP to 18 firms locally and nationally who had done job evaluation work in the private and public sector. We received ten responses from the initial request. After a considerable amount of evaluation, six firms were selected to be interviewed further. They included Haye Associates, Towers -Perrin -Forster and Crosby, Control Data Corporation, Arthur Young and Associates, Hewitt and Associates, Hallcrest-Craver Associates. Those interviews were conducted in October at the League offices by the RFP com- mittee and members of the staff of the League of Minnesota Cities. At the conclusion of that process, three firms were felt to merit further scrutiny. They were Haye Associates, Towers -Perrin -Forster and Crosby, and Control Data Corporation. It was felt that Arthur Young and Associates and Hewitt and Associates, while providing a viable approach to job evaluation, did ,not present a system that would fully satisfy the requirements of Minnesota law. Hallcrest- Craver was eliminated because we felt that with their staffing and current com- mitments, a timely product might be a problem. After that interview, the RFP committee developed a more detailed and specific RFP, copies of which were sent to all interested cities. The three consulting firms were asked to make a second presentation which took place on November 6, 1984: Invited to that meeting were all the representatives of organized labor represented in the MAMA communities, representatives from private employee asso- ciations and any managers or administrators who wished to attend. At the conclusion of the interview, the selection committee was unanimously in favor of recommending the CDC system. The CDC proposal at $345,000 was, admittedly, the most expensive proposal we received; however, the unanimous feeling of the com- mittee was that it was the one proposal that we felt would provide the best.and most legitimate results and would be the most easily maintained system over..a period of years. RATIONALE FOR DECISION I would like to briefly discuss some of the thoughts of the committee regarding the selection of CDC which I hope will explain why that choice was made. First and foremost, the Control Data Corporation proposal offers to do job evaluations on all of a given city's positions. We originally thought the cost of doing such a study to be prohibitive, and had suggested in the RFP that an evaluation study that included 25 benchmark jobs would be more appropriate. CDC bid that benchmark study but added that for a nominal additional charge, it would be a simple task to do all of the positions in all cities. CDC Business Advisors' computer capability makes the extension of the study to all individual positions in each city, a relatively simple matter. The other consulting proposals did not offer that capability. A very strong argument for the selection of CDC was the extent of the data :==• offered as an end product. First and foremost, after the study was completed, CDC would provide each city with an evaluation report ranking their specific employees based on a comparable worth scale. In addition, the MAMA cities would receive a composite benchmark study which would provide evaluations throughout the metro area for those jobs which were similar. An example would be that a city would be given a relative point value for the position of patrol officer within its own organization, and would also have the data to.compare that point value to a metropolitan average and to specific patrol positions in neighboring cities. This was felt to be a tremendous labor relation -personnel tool for all cities and something beyond what we thought we would receive from the comparable worth study. Another very attractive feature of the CDC proposal was its ability to be updated. Once the initial study was completed and in place, the system would be able to provide, at a very nominal cost, adjustments over the years. For example, if a city created a new position or added responsibilities to an existing job, a new questionnaire could be filled out and submitted to CDC outlining the tasks that position would perform. CDC Business Advisors would recompute the job evaluation rankings for that city and provide a new point value for the position. 19Z Their estimate of what it would cost to re-evaluate a specific position or incorporate a new one into the city, was $5 to $7 per occurrence. The other two proposals did not offer such a capability. Finally, a word about the conceptual framework of the CDC proposal. Their job evaluation study is one that is referred to as a task evaluation approach as opposed to a whole job evaluation approach which was proposed by the other two firms. In a task evaluation, jobs are broken down into many small functional tasks and those tasks are rated and a point total derived. A specific job and its relative worth compared to other jobs in an organization is'determined by the total of its task values. In the whole job evaluation approach, the job, not individual tasks, is rated on its relative worth in various,categories. With this method, certain jobs may have an inherent bias due to' preconceived ideas about their complexity or difficulty. An example might be an evaluation of a bomb disposal officer. Most people's initial reaction is that the job is worth a great deal because of the element of danger involved. When you evaluate the job on a "whole job" basis, that danger factor tends to expand into all the areas that you may be using to rank the worth of the job. In fact, the danger in bomb disposal work may be present only once in a great while, and the majority of the job may be very routine and non -dangerous. The,task approach eliminates this type of halo effect because each separate function is evaluated. In our example, the bomb disposal officer would be given fairly high points for certain tasks like the diffusion of a bomb, but may receive routine marks for other tasks associated with the work he or she would perform. The net result is to provide a more accurate point total for all jobs surveyed. For the reasons listed above, the committee felt unanimously that the CDC propo- sal offered COST OF THE PROPOSAL Many cities have called requesting to know the estimated cost per city of the CDC system prior to the December 4 meeting. At this time, it is not possible to give exact dollar amounts. Obviously the total cost to each city will be depen- dent to a large extent to how many cities select to cotinue with this joint approach. Additionally, there are some other factors that will influence the cost. There is a possibility that quite a large number of out -state cities will wish to use the comparable worth study that MAMA has developed. We estimate that 30 additional cities may participate. If they do choose to join us, then the cost per city could be reduced significantly due to the economies of scale achieved by a larger group. We have also been contacted by the Metropolitan Airport Commission, the Minnesota Utility Association, and the city of Thief River Falls, Wisconsin. They have all expressed some degree of interest in participating. While a firm dollar amount is not possible to determine at this time, I can give you a range of the dollars we are talking about if we make some simple assump- tions. If the 57 MAMA cities all agree to participate and the charges are based on a formula which takes into account both a minimum value charged to each city, and some factor for the number of employees, then the cost would likely range from approximately $4,000 to cities the size of Osseo and Minnetrista, to an N -4- amount somewhere around $15,000 for a city outstate cities join in the study, the cost small cities up to about $12,500 for a city the size of Bloomington. If 25 to 30 range would be lowered to $3,500 for of size of Bloomington. CONCLUSION We have asked that representatives of the 57 MAMA cities attend a meeting on December 4 at 10:00 AM at the Brooklyn Center City Hall to provide us with a decision as to their intent to participate or not with the MAMA study. We realize that some cities will not be able to make firm committments due to the fact that their councils may not meet before that date. It is my hope that with the information provided you will be able to give us a good indication of what your city intends to do. A similar meeting has been scheduled for members of the Coalition of Outstate Cities on December 19 at 1:30 PM at the Golden Valley City Hall. Those of us on the committee have spent many hours involved in this selection process. We believe that CDC proposal represents the best option for us to meet the requirements of State law and will provide us with a personnel and labor relations tool which far exceeds what we expected to obtain through this pro- cess. We strongly recommend that member cities join in the study. I Metropolitan Area Management Association 0It Compensation Study 6 Process Summary The plan for development and implementation of a FOCAS (Flexible Occupational Analysis System) job analysis and evaluation system for 25 benchmark jobs defined by the MAMA Committee and for subsequent evaluation of MAMA member cities' non -benchmark jobs is summarized below. FOCAS is a questionnaire -based job analysis and evaluation system. FOCAS has been developed to provide accurate and comprehensive information about jobs to support effective human resource management. The first step in the process is to develop questionnaires to be used to gather information about what employees do. We will use one questionnaire for each occupational group. The MAMA Committee will identify one subject matter expert -and an advisory group from each occupational group to work with Business Advisors. These individuals will provide their job content expertise throughout questionnaire development and job evaluation, and should be very knowledgeable about jobs in their occupational area. Business Advisors, together with a team of MAMA member cities' Personnel Directors, will develop preliminary questionnaires based upon existing job descriptions and the Business Advisors data bank of task items. The Personnel Director' team will identify and schedule employee workshops to be conducted jointly with Business Advisors, to modify preliminary questionnaires. Questionnaires will be finalized with the advisory group for that occupational area, Second, Personnel Directors will schedule and conduct meetings with employees for them to complete the questionnaire for their occupational group. In filling out questionnaires, employees will indicate for each task that they do or do not perform it and how, much time they spend on tasks performed relative to other tasks. Third, Business Advisors will provide data entry from the questionnaires and provide computer-generated position descriptions for each employee who filled out a questionnaire. This is a listing of tasks performed with time spent percentages. The supervisor and employee will review and verify or modify the position description. The Personnel Director team will collect and return all modified position descriptions to Business Advisors. Business Advisors will provide data entry and return revised position descriptions to the Personnel Director team for distribution to supervisors/employees. These will serve as final position descriptions. Fourth, Business Advisors will provide average, or benchmark,") ob descriptions for the 2.5 benchmark jobs,identified by the MAMA committee. Personnel Directors will identify employees making up the -benchmark. Subject matter experts and advisory groups will work with Business Advisors to finalize descriptions. The fifth step in the process, task valuing, begins at the same time as the second. Business Advisors will work with the Personnel Director team, subject matter experts and advisory groups to set up the task valuing process. The Personnel Director team will identify and schedule managers for valuing meetings. Business Advisors will conduct valuing meetings. In valuing tasks, managers will rate all tasks about which they are knowledgeable, according to one factor, complexity, importance or unfavorability. Business Advisors will review average task values with the subject matter expert and the advisory group to finalize values. Factor weights will be statistically computed by Business Advisors and finalized with the subject matter expert and advisory group. The sixth step is to combine results of the completed questionnaires with task values to determine job value. Business Advisors' computer analysis will compute job value by multiplying time spent on tasks times task value and sum the products to produce a point total. Business Advisors will provide job values for the twenty-five benchmark jobs to the MAMA committee. Step seven is to collect and analyze wage and benefit data from public and private sector labor markets. The MAMA committee will identify available surveys and work with Business Advisors to define appropriate markets and to determine if a specialized salary survey is desirable. If so, Business Advisors will conduct a specialized salary survey. Final job hierarchies will be constructed based upon job values and market data. The eighth step is to analyze relationships among job values,` current pay rates and market data. Business Advisors will provide an analysis and alternative strategies for addressing pay discrepancies. Ninth, Business Advisors will provide individual job evaluation points to the member cities. Finally, Business Advisors will provide a report of methodology and results and meet with the MAMA committee to present the report. kla112141 CITY OF MENDOTA HEIGHTS MEMO TO: Mayor apd City Council FROM: Kevin D. Fra 00 - City City Admin' rator November 27, 1984 SUBJECT: Step Pay Increase for Engineering Technician, Guy Kullander November 18, 1984, marked the three-year employment anniversary of Engineering Technician Guy Kullander. According to the grade and step pay matrix adopted by Council last year, a 3 -year employee makes the final transition to the target salary, which is the level of compensation for a fully trained and experienced employee. In Guy's case, his salary will be making a 57 increase, from $22,215 to $23,325. Because we were late in getting this change ratified by the Council, a retroactive adjustment back to November 18th will be included on his next paycheck. ACTION REQUIRED ~" Approval to increase the annual compensation of Engineering Technician'Guy Kullander to $23,325. KDF:madlr November 26, 1984 CITY OF MENDOTA HEIGHTS glow#] TO: Mayor and City Council FROM: Kevin D. Frazell City Administrator SUBJECT: 1985 Pay and Benefits for Non -organized Employees INTRODUCTION Each year, Council adopts a resolution establishing salaries and benefits for the City's non -organized employees. Last year, we adopted a comprehensive pay plan, with a Grade and Step matrix, from which we could derive annual sala- ries. Attached for Council consideration are resolutions increasing the pay matrix by 57. (as a 1985 cost -of -living increase), and establishing individual salaries and benefits for all full-time and part-time employees not represented by a bargaining unit. 5% ANNUAL INCREASE I recommend that the non -organized employees be granted a 5% increase for 1985, for the following reasons: 1. Our public works employees will be receiving 57. under the second year of their current contract. 2. A 5% increase is the level generally projected by other metropolitan area suburbs for 1985, and several contracts have been settled in that range. 3. The Consumer Price Index is projected to end the year in the 4-5% range, and national management consulting firms are indicating increases of 5- 6% to be reasonable and likely (see attached excerpt from St. Paul Employers Newsletter). FULL-TIME INDIVIDUAL SALARY INCREASES Section 1 of the second attached resolution adopts a specific schedule of 1985 salaries for all full-time employees. All except the City Administrator are from the matrix. Of those, all except the Clerk/Receptionist are at Step E of the matrix, that being the "target salary" for a fully trained employee of three years experience. Steps F and G are reserved for a merit system, should the City ever decide to adopt one. The Clerk/Receptionist is at Step C, the one-year level, and will move to Step D or her two-year anniversary in July, 1985. My salary, at $40,500, is as discussed with Council on November 20. This is an 8% increase, and will serve to bring my compensation closer to the metropoli- tan average for cities in the 5,000 - 10,000 population group. PART-TIME INDIVIDUAL SALARY INCREASES Section 2 of the second resolution establishes the rate of compensation for our four "permanent part-time" employees. Each is 5% above 1984 compensation. VOLUNTEER FIREFIGHTER RATES Section 3 of the second resolution provides a 50 cent per hour or approxi- mate 8% increase for the volunteer firefighters. They have not had an increase since 1980. HEALTH INSURANCE CONTRIBUTION FOR FULL-TIME EMPLOYEES Section 4 of the second resolution establishes the maximum health and hospi- talization contribution at $155 per month. The non -organized employees are oo currently at $135, the police and public works bargaining units at $145. The �F�S.9S Public works employees will be receiving $155 under the second year (1985) of their contract. .z P Although the proposed increase 6 7.7Y tial 15%, I feel it is justified to 17 Y.90 units. It is my strong contention choosing not to belong to a union. CAR ALLOWANCE for the non -organized employees is a substan- bring them to parity with the bargaining that employees should not be penalized for Police Chief Delmont has requested an increase in his monthly car allowance from $90 to $120. Most cities provide their Chief with a 24 hour car. Because Dennis resides in Maplewood, it was agreed at the time of his hire that the Chief's car would stay at the office, and he would receive a $90 allowance as compensation for the times he is called back to Mendota Heights (beyond normal once per day transportation). Over the past year, the number of times he has had to come back has in- creased, due to new activities such as Crime Watch, Aircraft Disaster crises, Dakota County Chiefs, etc. The additional $30 is requested for this purpose. Recreation Director Selander has requested an increase from $35 to $40 per month, in recognition of the increased cost of operating a car. He has not had an auto allowance increase for several years. BUDGET IMPACT All of the above salary and benefit increases were anticipated and included in the 1985 budget already adopted by Council. ACTION REQUIRED If Council concurs with the above recommendations, it should pass motions adopting the attached resolutions. Respectfu ly sub'tted, Kevin D. Frazell, City Administrator CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 84 - RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON -ORGANIZED EMPLOYEES TO REFLECT A 5% ANNUAL ADJUSTMENT FOR 1985 WHEREAS, beginning in 1984, the City adopted a comprehensive grade and step pay matrix for its employees not represented in a bargaining unit; and WHEREAS, it is necessary to annually review that pay matrix for adjustments related to cost -of -living and other general economic trends; and WHEREAS, based on comparisons with settled labor contracts for other City employees, salary trends in other metropolitan area suburbs, and salary projec- tions by private consulting groups, it appears that a 5% upward adjustment in the pay matrix for 1985 is reasonable and defensible. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights, that the Grade and Step Pay Matrix attached hereto as Attachment A, is hereby adopted to replace the Grade and Step Matrix included as Appendix A of Resolution No. 83-113, adopted by the City Council on December 20, 1983. Adopted by the City Council of the City of Mendota Heights this 4th day of December, 1984. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood Mayor ATTEST: Kathleen M. Swanson City Clerk * Target Salary RESOLUTION -- ATTACHMENT A CITY OF MENDOTA HEIGHTS EMPLOYEES PAY CLASSIFICATION SCHEDULE GRADE AND STEP MATRIX 1985 GRADE A B C D E* F G I 11,220 11,781 12,370 12,988 13,638 14,320 15,036 II 11,781 12,370 12,988 13,638 14,320 15,036 15,788 III 12,370 12,988 13,638 14,320 15,036 15,788 16,577 IV 12,988 13,638 14,320 15,036 15,788 16,577 17,406 V 13,638 14,320 15,036 15,788 16,577 17,406 18,276 VI 14,320 15,036 15,788 16,577 17,406 18,276 19,190 VII 15,036 15,788 16,577 17,406 18,276 19,190 20,149 :4 VIII 15,788 16,577 17,406 18,276 19,190 20,149 21,157 IX 16,577 17,406 18,276 19,190 20,149 21,157 22,215 X 17,406 18,276 19,190 20,149 21,157 22,215 23,325 XI 18,276 19,190 20,149 21,157 22,215 23,325 24,491 XII 19,190 20,149 21,157 22,215 23,325 24,492 25,716 XIII 20,149 21,157 22,215 23,325 24,492 25,716 27,002 XIV 21,157 22,215 23,325 24,492 25,716 27,002 28,352 XV 22,215 23,325 24,492 25,716 27,002 28,352 29,770 XVI 23,325 24,492 25,716 27,002 28,352 29,770 31,258 XVII 24,492 25,716 27,002 28,352 29,770 31,258 32,821 XVIII 25,716 27,002 28,352 29,770 31,258 32,821 34,462 -. XIX 27,002 28,352 29,770 31,258 32,821 34,462 36,185 XX 28,352 29,770 31,258 32,821 34,462 36,185 37,994 XXI 29,770 31,258 32,821 34,462 36,185 37,994 39,894 XXII 31,258 32,821 34,462 36,185 37,994 39,894 41,889 XXIII 32,821 34,462 36,185 37,994 39,894 41,889 43,983 XXIV 34,462 36,185 37,994 39,894 41,889 43,983 46,182 XXV 36,185 37,994 39,894 41,889 43,983 46,182 48,491 * Target Salary r - CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 84 - RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1985 AND ESTABLISHING CERTAIN OTHER BENEFITS WHEREAS, the City Council has adopted a grade -and -step pay system for cer- tain full-time employees of the City; and WHEREAS, based upon recommendation of the City Administrator, Council has determined the appropriate placement of each City position on a Grade, and the incumbent employee on a Step; and WHEREAS, it is also necessary to set salaries for certain part-time em- ployees, as well as fringe benefits for full-time employees and certain part-time employees. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the following schedule of salaries be implemented effective January 1, 1985, for full-time employees: Employee Position Salary Kimberlee Henning Clerk/Receptionist $12,370 Carol Bakka Police Secretary 16,577 Diane Ward Engineering Secretary 16,577 Mary Ann DeLaRosa Senior Secretary 20,149 Shirley Shannon Accountant 21,157 Guy Kullander Engineering Technician 24,492 Tom Knuth Senior Eng. Technician 28,352 Paul Berg Code Enforcement Officer 28,352 Richard Ploumen Public Works Superintendent 32,821 Kathleen Swanson City Clerk 32,821 Dorance Wicks Police Sergeant 34,462 Gene Lange Police Captain 36,185 Dennis Delmont Police Chief 39,894 James Danielson Public Works Director 39,894 Kevin Frazell City Administrator 40,500 2. That the following schedule of salaries be implemented effective January 1, 1985 for part-time employees: Employee Position Salary LeRoy Noack Fire Chief $328/mo. John Maczko Assistant Fire Chief 181/mo. Duane Selander Recreation Director 746/mo. Edward Kishel City Engineer 20.54/hr. 3. That the following hourly rate of pay for volunteer firefighters be implemented effective January I, 1985: ' ' O - I year $5.50 l - 5 years 6.00 5 years and over 6,50 Captain 7.00 4. That the City's maximum contribution toward health and hospitalization insurance premiums for full-time employees not covered by a labor contract shall be $155 per month for 1985. �� �� 5. That monthly car alluwauc��A ^or the folIowioQ_tmn�employe�� obell be amended as follows: MONTHLY EMPLOYEEPOSITIONCAR ALLOWANCE �z Dennis Delmont Police Chief $I20 Duane Selander Recreation Director 40 Adopted by the City Council of the City of Mendota Heights this 4th day of December, 1984. CITY COUNCIL CITY OF M80IOIA HEIGHTS Robert G. Lockwood Mayor Kathleen M. Swanson City Clerk . 0 • CITY OF MENDOTA HEIGHTS MEMO November 28, 1984 TO: Mayor, City Council and City A�I sn for FROM: Kathleen M. Swanson City Clerk SUBJECT: Summary Publication of Cable Communications Franchise Ordinance INTRODUCTION/DISCUSSION Given the extraordinary length of the Cable Communications Franchise Ordi- nance, I have asked the NDC -4 legal counsel to provide us with an ordinance summary for publication in the City's legal newspaper. I have received and reviewed the seven page summary and believe that it meets the statutory require- ment that the public will be clearly informed of the intent and effect of the franchise ordinance. The summary also designated numerous locations where the complete ordinance will be made available for public inspection, as is also required by Statute. Continental Cablevision will reimburse the City for all publication costs incurred by the City. RECOMMENDATION I recommend that the Council pass a motion to authorize publication of the attached summary of Ordinance Number 211. ACTION REQUIRED If Council concurs in the recommendation, it should move: Approval of the text of the summary of Ordinance No. 211, Codified as Ordinance No. 203, "An Ordinance Granting a Franchise To Continental Cablevision of Northern Dakota County, Inc., to operate and maintain a Cable Communications System In the City of Mendota Heights; Setting Forth Conditions accompanying the Grant of Franchise; Providing for Regulation and Use of the System; and Prescrib- ing Penalties for the Violation of Its Provisions," determining that the summary clearly informs the public of the ordinance, and directing that the City Clerk: 1. submit the summary for publication in the Sun Newspaper;,.and 2. provide that copies of the ordinance will be permanently available for public inspection at the locations described in the final para- graph of the summary. 1 ORDINANCE NO. 211 (Codified as Ordinance No. 203) All ORDINANCE GRANTING A FRANCHISE TO CONTINENTAL CABLEVISION OF NORTHERN DAKOTA COUNTY, INC., TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF MENDOTA HEIGHTS; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. THE FOLLOWING IS A SUMMARY OF THE ABOVE -REFERENCED ORDINANCE. A PRINTED COPY OF THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR INSPECTION BY ANY PER- SON DURING REGULAR OFFICE HOURS AT THE OFFICE OF THE CITY CLERK. The City of Mendota Heights has joined in studies conducted by the Northern Dakota County Cable Cbm=ications Conudssion (the Commission) in order to pro- cure cable television services that will best serve the communication needs of the individuals, municipalities, associations and institutions within the Cable Service Territory comprised of the City of P7endota Heights and immediately surrounding communities. In awarding the Franchise, the applicant's technical ability, financial condition, and legal qualifications were considered. Continental Cablevision of Northern Dakota County, Inc. (the Company) will reimburse the City of all cost incurred in awarding the Franchise and will hold the City harmless for all costs and losses arising out of the grant of the Franchise. The Company will be permitted to install equipment along and upon the streets of the City for the purpose of operating a Cable System. The Company will apply for all required permits. -1- The Franchise will be in effect for fifteen (15) years and will include the terms of both the Franchise ordinance and the Company's offering. The Franchise is non-exclusive and will cease to be in effect if the Company fails to obtain a Certificate of Confirmation from the Minnesota Cable Communications Board. The Franchise comports with the minimum standards set forth by state law including providing one (1) channel each for non- commercial use by the general public, local government use, and public leased use. Personnel and equipment will be provided by the Company free of charge, except that such costs may be assessed for programs longer than five (5) minutes. Rules pertaining to access channel use will be prescribed by the Company. The Company will make available the minimal equipment necessary for the production of programming for the non- commercial public access channel and will make available addi- ti,6nal equipment upon need being shown. The Company will participate in interconnection in accordance with Minnesota Cable Communications Board rules. The Company will install cable underground where other utilities are underground; however, the System will not be operated to inter- fere with construction or operation of public works, or other uses of streets. The Company will repair any damage done to the street. -2- The Company will maintain records available to the public, with the exception of personnel records. Each year the Company will file an annual report with the Commission documenting the activities of the Company including financial matters, subscriber contracts, and access rules. At the same time, the Company will provide a report of results of the FCC performance tests. The Company will maintain an office within the Northern Dakota County Cable Service Territory which has been approved by the Minnesota Cable Communications Board and will be able to receive subscriber complaints on a 24 -hour -a -day, 7 -day -a -week basis. The Company will maintain a repair force capable of making a repair visit within 24 hours of a request by a subscriber. Vehicles of the Company will be clearly identified and will display the local telephone number of the Company. If a subscriber does not obtain satisfactory resolution of a complaint by notifying the Company, the subscriber may refer the complaint to the Commission to assist in resolution of it. The subscriber service contract must be approved by the Commission and must include a description of all services, rates, and charges, along with instructions on use of the System, billing and collection practices. The contract will also be submitted to the state attorney general, for certification of the compliance with the Minnesota Plain Language Act. The contract will be no for longer than twelve (12) months duration and will contain instructions for filing complaints and for -3- obtaining information from the Company. The Company may offer special rates to senior citizens or handicapped persons who meet certain income requirements. The rates and charges set forth in the Company's Offering will remain constant for two (2) years. If a subscriber.termin- ates a service for failure of the Company to provide the service, the Company will refund a pro rata share of the charges or rates paid by the subscriber for the services not received. All rates shall be subject to regulation by the City, the state, or its agencies, as may be applicable. Service requests for maintenance or repair shall be performed -4 at no cost to the subscriber, except that if repair is needed because of damage caused by the subscriber, actual costs for time and material will be charged to the subscriber. All rate changes must be approved by the Commission, which approval will take into consideration the profits derived from the System, the quality of services provided, the rate of return of investment and other factors that the Commission may determine reasonably relevant. The rate change request will be made by the Company by submission of a proposal to the Commission along with documen- tation of pertinent financial information. The Commission will hold a public hearing within three (3) weeks of receipt of the request. The Commission may undertake periodic evaluations of the System, to determine if changes in the system are required to meet -4- the needs of the Member Cities or to maintain a state-of-the-art System. The Company will pay to the Commission an annual franchise fee of five percent (5%) of the gross System revenues to pay the costs of administration of the Franchise and coordination of 4 public access services. In the event of non-compliance by the Company with the terms of the Franchise or the Company's Offering, the City may seek an injunction, or may seek monetary damages payable from the perfor- mance bond or the security fund which the Company is required to furnish to the Commission. The performance bond will be maintained in the amount of Five Hundred Thousand and No/100 Dollars ($500,000.00) during construc- tion of the System and may be reduced at the Commission's option upon completion of construction or may be increased by the Commission if additional System is to be constructed. The pur- pose of the performance bond is to assure construction and opera- tion of the System as contemplated by the Franchise. The security fund will be maintained in the amount of Fifty Thousand and No/100 Dollars ($50,000.00) through the term of the Franchise, as security for performance of the Company's obliga- tions under the Franchise. Damages may be drawn from the security fund for failure to comply with various provisions of the Franchise. In the event that the Company or a Member City is dissatisfied with a decision of the commission under the terms of the -5- I Franchise, the Company or City may appeal the decision to arbitra- tion, in accordance with a procedure set forth in the Ordinance. Throughout the term of the Franchise the Company will main- tain I liability insurance covering officials and employees of the Company and the Member Cities. The Company and its subcontrac- tors will also comply with the Minnesota Workers' Compensation Act. The City will retain the right to revoke the Franchise for substantial violation of the Franchise. Revocation would only be accomplished after due notice and hearing has been provided to the Company. `unauthorized receipt of or tampering with cable service will be a misdemeanor. The City and Commission will have an opportunity to make an offer to purchase the System in the event that the Franchise is revoked, the System goes into receivership, or the Company is considering transferring ownership of the System. Individuals will be protected from discrimination and cable line tapping. Information pertaining to the viewing practices of a subscriber will not be given without that subscriber's per- mission. Installation of equipment on private property will only occur with the property owner's permission. Minor deviations from the terms of the Franchise may be requested by way of a variance application that must be approved by the Commission. Two (2) years before expiration of the Franchise, the Company may apply for Franchise renewal. The City and Commission will am review the application, and will consider approval of the renewal request, inviting additional proposals, or purchasing the System. If the Franchise expires or is terminated, the City may require the Company to remove, at its own expense, all equipment from streets and public property within the City. The Company will comply with all applicable local, state, or federal laws. If any conflict exists, the Company and Commission will negotiate to review the Franchise. If any part of the Franchise is found to be invalid or is revised, the other provisions of the Franchise will nevertheless remain in effect. The ongoing administ*ration of the Franchise will be the responsibility of the Commission, pursuant to the Joint Powers Agreement to which the City is a party. In the event the City withdraws from the Joint Powers Agreement, the City will assume all obligations of the commission pursuant to the Franchise. The Franchise will be published in accordance with City requirements for adoption of ordinances and granting of franchises. The Offering of the Company will be incorporated by reference and made part of the Franchise. The Offering, along with the Franchise Ordinance and any ordinance summary prepared, will be permanently kept and available for public inspection at the following location: City Administrator's office, City Attorney's office, public library, Company's local office any school district in city, Commission office and Minnesota Cable Communications Board office. -7- CITY OF MENDOTA HEIGHTS IZID14 November 27, 1984 TO: Mayor and City Council FROM: Kevin D. Fraz t; City Adminis t<ea SUBJECT: Date for First Meeting in January The first Tuesday in January is January 1st, New Year's Day. Therefore, Council will need to set an alternate date for this meeting. Normally, the first meeting in.January is the proforma business meeting, dealing with issues like naming the City's official newspaper, selecting an Acting Mayor, etc., We do not try to deal with many substantive items. Council should select another evening later that same week, or the meeting could be held the following Tuesday, January 8th. Personally, I would prefer that we not set the meeting for Wednesday, January 2nd, since I may not have returned from Christmas vacation in Kansas until late that evening. However, if that date is most convenient for Council, it could be accommodated. ACTION REQUIRED To select an alternate date for the first Council meeting in January. MEMORANDUM November 30, 1984 TO: Mayor, City Council, City AdmiAfistrator FROM: Dennis Delmont, Chief of Police SUBJECT: Speed Limit - Marie Ave. between Dodd & Victoria Introduction Alan and Cheryl Anderson, 721 W. Marie Ave. have asked that the City Council request the State to study the speed limit on Marie Ave. between Dodd and Victoria, in the hopes that they would lower it to 30 mph. His tory After reviewing Mr. Anderson's letter, and the memorandum by the Public Works Director Jim Danielson, the Council took no action. It was referred back to Staff for further study. Mr. Anderson's letter points out that Marie Avenue is a long straight stretch of roadway, and that in the area in question there are only four homes. He speaks of a danger that he feels for his daughter, and that he has had vehicles driving erratically in the area. He feels that some of the vehicles tend to even exceed the current 40 mph posting. Mr. Anderson's primary concerns, as indicated in the letter, are for vehicles that have swerved or driven near, or onto, his yard. We presented Council with information regarding the traffic surveys that we have done on Marie Ave. in two different locations. Those surveys indicate that Marie Avenue is not unusual insofar as the number of vehicles that drive over the speed limit. It is unusual in the fact that it is a large, well-maintained, very well traveled thoroughfare, and serves as a main traffic collector through the City. Alternatives 1. Refer the problem to the State of Minnesota for study as Mr. Anderson has requested. This may result in a lowering of the speed limit, or raising of the speed limit. It may also result in a study of Marie Ave. from the point it enters Mendota Heights until Lexington where it terminates. We may see the entire stretch raised as far as speed limit. 2. Deny the request and leave the situation as it presently exists. 3. Arbitrarily adjust the speed limit without consulting with the State. Recommendations I appreciate Mr. Anderson's concerns for the. safety of his child., Those concerns are shared by just about every resident of the City, regardless of what street they live on. Erratic driving, cars jumping curbs, are not necessarily caused by the speed zone in the area, rather by the inattentiveness of the driver, the willful disregard for safety by the driver, or as -Mr. Anderson points out, unusual circumstances like wildlife running into the roadway. I believe that Marie Avenue is improperly posted in that the speed limit is not consistent. From an enforcement standpoint it would be easier to regulate if the speed limit were consistent from Delaware all the way through to Lexington. I would not expect the Council'to ignore Mr. Anderson's request, nor would I recommend that we arbitrarily change speed limits in a hodge-podge manner. The result of that type of action would be to defeat all the study and engineering that went into the original design of the roadway system. If Council feels action should be taken on the request, I would recommend that it be to refer the request tol,the State of Minnesota for further study. Action Required This memo is for informational purposes only. - 2 - 1;1. t'I TO: Mayor and City Co/ui FROM: Kevin D. Fraz' City Administrator SUBJECT: Add -On Agenda for CITY OF MENDOTA HEIGHTS MEMO ber 4, 1984 December 4, 1984 One consent calendar information item and two regular items are recommended for addition to the agenda. One of the items is recommended for closed session. Additional information is su mitted for Items 8a. - Grappendorf subdivision and 8e. - Comparable Worth. 3. Adoption of Agenda It is recommended that the agenda be adopted with the addition of Items 6f. - Acknowledgment letter from City of Eagan regarding Aircraft Noise Committee, 8j. - Consider resolution regarding Interstate Highway Funding, and 10 1/2 - Closed meeting with City Attorney regarding pending litigation. 6f. Aircraft Noise Committee Attached is a letter an resolution from the City of Eagan concerning air- craft noise. At this time it is solely for your information. As noted, I will be meeting with the City Man gers of Eagan and Burnsville on December 19 to discuss the possibility of a joint committee. 8a. Grappendorf Plat Attached is the most recent preliminary plat submitted by developer Unruh. Essentially, the plat is as iecommended by the Planning Commission. This is acceptable to Mr. Unruh and Mrs. Grappendorf, as an acceptable offer has been tendered for Outlot A, presumably from area neighbors. As the purchasers of both Outlots A and B intend to hale the property undeveloped, there will be no petition for public improvemeInts. It is recommended that Council approve the preliminary plat of Grappendorf First Addition as presented. 8e. Comparable Worth I attended the MAMA meeting this morning as indicated. There really was no new information not already c vered in the previously submitted memo. Our cost to participate will be around $4,000, depending on final participation by out - state cities. Of the approximately SO Cities in attendance, all indicated that they would be participating. I continuelto recommend very strongly that we do likewise. 1 ®. Resolutions will be Sent to participating communities shortly after the first of the year. Therefore, no formal action is required this evening. How- ever, Council should indicate whether there is a consensus to participate_ 8j. Consider Resolution Regarding Highway Fundi For some time, it has been alleged that Minneapolis interests have been lobbying the Governor to divert funding from 494 and 35E in Dakota County to expedite I-394 and the commensurate parking garages in Minneapolis. Because MnDot District 9 representtives have assured us that they consider it extremely unlikely to happen, I havealnot bought it to Council for official action. Attached are copies of the resolutions passed by Dakota County and the City of Eagan. Since others in rhe County apparently feel it important enough to take formal action, I felt it sh uld be brought to your attention. If Council desires to stake action it should ration of an appropriate re olution to be sent to sioner Braun and the local leeislative deleeation. 10 1/2. Legal Claim - Robekt W. Moore Com s a motion directing prepa- ernor Pervich, MnDot Commis - Attached is a confidenial memo concerning a legal claim against the City for work done by the Robert W. Moore Company, in connection with the Ivy Falls Creek Project. It is recommended thatlCouncil meet in closed session with the City Attorn to discuss our response. 2 3830 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMQUIST EAGAN, MINNESOTA 55121 mayor PHONE: (612) 454-8100 THOMAS EGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER November 29, 1984 Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk KEVIN FRAZELL, CITY MANAGER CITY OF MENDOTA HEIGHTS 750 SO. PLAZA DRIVE MENDOTA HEIGHTS, MN 55120 Re: Air Traffic Noise Resolution Dear Kevin: Enclosed is a copy of a resolution that was approved by our City Council at their last regular meeting held on Tuesday, November 20, 1984, adopting spec . ific conditions to help reduce air traffic noise over the City of Eagan. One of those conditions, Condition #1, suggests that a special task force be created blending Air Traffic Noise Committee members from the cities of Burnsville, Eagan and Mendota Heights to work on further solutions to the air traffic noise demonstrating the cooperative spirit from northern Dakota County. The danger in all three (3) cities working independent of each other is the proverbial shift of air traffic noise over each other. Assuming the City of Eagan ails the loudest the air traffic noise will be diverted over your communities and so forth. I have arbitrarily set 2:00 P.M. Wednesday, December 19, 1984, at the Eagan Municipal Center building as a time for a meeting when we can discuss the issue of creating a task force. Please confirm this time as soon as possible. Sincerely, C\ COW/" --- Thomas L. Hedges City Administrator TLH/sl Enclosure THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY RESOLUTION AIR TRAFFIC NOISE/CITY OF EAGAN WHEREAS, the _Federal Aeronautics Administration, together with the Metropolitan Airports Commission, promulgated the use of Runways 11L and '11R as primary takeoff and landing runways for Minneapoli's/St. Paul International Airport, utilizing 105` headings, running easterly of the airport; and WHEREAS, the 105- headings promulgated in 1972 are not being adhered by aircraft taking off and landing on Runways 29L and 11R, but no official change has been adopted to revise the heading established by the preferential runway plan; and WHEREAS, the preferential runway system impacts existing and future development, the types of zoning and land uses currently existing and proposed for the area, noise and safety factors; and related issues; and WHEREAS,the policies and procedures formulated by the preferen- tial runway plan and promoted and adopted by the Metropolitan Airports Commission, together with the commercial airlines and the Metropolitan Airport Sound Abatement Council concerning takeoffs and landings from the Minneapolis/St Paul International Airport, have been repeatedly violated, including flying at lower altitudes than designated in the regulations, and diversion from designated corridors, and WHEREAS, there are reasonable and viable corridors for landings and takeoffs easterly from the airport; and WHEREAS, theuiet hour or restricted hour q policy promoted and adopted by the MAC and the FAA covering nightime and weekend hours is not being adhered to, causing unnecessary noise to affected residences and businesses; and WHEREAS, aircraft are flying diversionary patterns into and"'out of Runway #22, rather than following the prescibed Cedar Avenue corridor intended to reduce the impact upon affected residences and businesses; and WHEREAS, the City of Eagan and its residents receive the majority of all takeoffs and landings during the nightime quiet or curfew hours; and WHEREAS, ground runups at St. Paul International Airport have- repeatedly created excessive and unnecessary noise and violation -of prescribed and accepted runup procedures; and WHEREAS, the air traffic counts taken during the weeks of May 14 through May 18, 1984, May'21 through May 25, 1984, and June 17 through June 22, 1984, indicate an excessive amount of the landings and takeoffs occurring over the City of Eagan; and WHEREAS the -Noise Abatement Runway Use Program, dated August 15,•1982, 3.I.(1), provides that 'Mendota Heights/Eagan procedures with departures on 11R and 11L shall be issued heading 1050 which will ensure that aircraft will remain clear of the Mendota Heights/Eagan ;noise sensitive areas unless minimum diversion headings are needed -to separate parallel departures not on the same route; and WHEREAS an Eagan Noise Committee was appointed in the spring of 1984, a number of meetings were held during the summer of 1984 and a fact finding report presented to the Eagan City Council at the October 30, 1984, regular meeting; and WHEREAS recommendations to control and regulate air traffic noise over the City of Eagan were presented by the Airport Noise Committee; and NOW THEREFORE BE IT RESOLVED by the Eagan City Council that the following conditions be considered for the purpose of regulating air traffic noise over the City of Eagan: 1) Formulate an air traffic noise task force in several cities to further study the impact of air traffic noise over com- munities adjacent to the Minneapolis/St. Paul International Airport and to specifically contact the cities of Burnsville and Mendota Heights for the purpose of creating this task force. 2) The task force will propose and submit through its local city councils, local legislators, appropriate legislation that will affectively serve to control safety and noise issues created by aircraft flying over those northern Dakota County cities. 3) Require that flight patterns over the City of Eagan be on an agreed upon predetermined course and further that flights be returned to the original flight patterns prior to the two (2) year takeoff and landing experiment as imple- mented by the Metropolitan Airport Commission. 4) Special measures be undertaken to restrict runups during nighttime and weekend hours -and, further, to install all reasonable equipment to reduce the noise impact from runups at all times, including baffles, walls and other noise abatement devices. 5) Impose reasonable penalties on pilots and airline commercial carriers that do not adhere to appropriate guidelines and regulations required for flights to and from the airport. i [A 6) Request the FAA and the MAC to require a steeper ascent and descent of aircraft and, in addition, to exten'd­ the 105` heading on Runways 11R, 11L, 29R and 29L for a distance of at least five miles from the end of the respective runways to minimize noise impact. Motion by: Wachter Seconded by: Egan Members in Favor: Unanimous Members Opposed: Dated: November 26, 1984 CITY COUNCIL CITY OF EAGAN ATTEST: By: City Clerk Mayor CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing is a true and correct copy of a RESOLUTION adopted by the City Council of the City of Eagan, Dakota County, Minnesota on November 20,* 1984. RESOLUTION CITY OF EAGAN COMPLETION OF INTERSTATES, I -35E & 1-494 WHEREAS, the construction of Interstate 35E and 494 is nearing completion following years of delay and frustration; and WHEREAS, the completion of these highways is important to the transportation program of the metro region and the State; and WHEREAS, Governor Rudy Perpich has played an important role in clearing obstacles to the timely completion of these highways; and WHEREAS, competition for interstate funding is causing Minneapolis interests to attempt to persuade the Governor to shift funding from the completion of I -35E and 1-494 to construct parking ramps for the 1-394 project; and WHEREAS, Transportation Commissioner. Richard Braun has said that the completion of I -35E and 1-494 should proceed as scheduled and funds should not be shifted to 1-394. NOW, THEREFORE, BE IT RESOLVED, that the Eagan City Council supports the Mn/DOT schedule for the completion of Interstates 1-35E and 1-494; and BE IT FURTHER RESOLVED, that the Eagan City Council further encourages Governor Perpich to resist efforts to shift funding away from these interstate highways; and BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to Governor Rudy Perpich, the Dakota County Legislative Delegation and affected municipalities in Dakota County. MOTION BY: THOMAS SECONDED BY: SMITH MEMBERS IN FAVOR: ALL MEMBERS OPPOSED: NONE Date: November 20, 1984 CITY COUNCIL CITY OT EAGAN ATTEST- ft .0 # �LL BY: -11-�Vty Clerk /—Mayor -7 CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing is a true and correct copy of a RESOLUTION adopted by the City Council of the City of Eagan, Dakota County, Minnesota, on (\}r,,) �.R —F 19-R4 . AE City of Eagan 'Feagan filo dtV 0 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612)454-8100 November 27, 1984 THE HONORABLE RUDY PERPICH GOVERNOR OF MINNESOTA* ROOM 130 STATE CAPITOL ST PAUL MN 55155 Dear Governor Perpich: BEA BLOMQUIST Maya THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER Councii Members THOMAS HEDGES City Adm"strotor EUGENE VAN OVERBEKE City Clerk In official action that was taken by the Eagan City Council at a regular meeting held on November 20, 1984, a resolution was approved encouraging your office and the Minnesota Department of Transportation to commit the necessary funding allocation for completion of Interstates I -35E and 1-494. The completion of this interstate network is essential to the economy of Dakota County, our metropolitan area and State of Minnesota. Enclosed is a copy of our resolution. Thank you for your cooperation. Sincerely, �kAZ W -1J'1 Thomas L. Hedges City Administrator cc: Richard Braun, Commissioner, Mn/DOT Bill Escher, Executive Director, Dakota County Chamber of Commerce All Northern Dakota County Cities Enclosure TLH/kf THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY .bUAtW Uk'WUNTY CUMDLL551UN1;Xb DAKOTA COUNTY, MINNESOTA Qct.o.ber....21. 1984 .. ... . .. .. .. ... ". Resolution No.--_P7LK-­- Loeding Motion by Commissioner...... ... . ...... ... . . . ...... Seconded by Commissioner._ WHEREAS, the construction of Interstate 35E and 494 is nearing completion following years of delay and frustration; and WHEREAS, the completion of these highways is important to the transportation program of the metro region and the State; and WHEREAS, Governor Rudy Perpich has played an important role in clearing obstacles to the timely completion of these highways; and WHEREAS, competition for interstate funding is causing Minneapolis interests to attempt to persuade the Governor to shift funding from the completion of I -35E and 1-494 to construct parking ramps for the 1-394 project; and WHEREAS, Transportation Commissioner Richard Braun has said that the completion of I -35E and 1-494 should proceed as scheduled and funds should not be shifted to 1-394. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners supports the Mn/DOT schedule for the completion of Interstates I -35E and 1-494; and BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners further encourages Governor Perpich to resist efforts to shift funding away from these interstate highways; and BE IT FURTHER RESOLVED, That copies of this Resolution be forwarded to Governor Rudy Perpich, the Dakota County Legislative Delegation and affected municipalities in Dakota County. YES NO Harris x Harris Hollenkernp x Hollenkamp Voss x Voss Loeding x Loeding Streeiland x Streefland State of Minnesota County of Dakota 1, C. D. Onischuk, duly elected, qualified and acting County Auditor of the County of Dakota, State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Dakota County, Minnesota, at their session held on the 93r!L_day now on file in my office, and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Hastings, Minnesota, this _day of MY K14 CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council and City Administrator FROM: James E. Danielson Public Works Director SUBJECT: Legal Claim - Robert Ivy Falls Creek Job No. 7838 Improvement No. 77, HISTORY: W. Moore Company Project No. 14, Phase 1-B December 3, 1984 In 1979, the City conducted a surface water drainage project along Ivy Falls Creek from Delaware Avenue through the Somerset Country Club to Sylvandale Road. The creek was cleaned and drop structures and holding ponds were built. One of the ponds is on the westerly part of Somerset Country Club adjacent to Dodd Road. The pond consists of a dike with a 48 inch outlet pipe set at a controlled elevation to maintain a water level in the pond. So as to be able to drain down the pond on necessary occasions, a 12 inch drain line was installed parallel and adjacent to the 48 inch line but at a lower outlet elevation. The drain line is valved to prevent draining the pond until needed. This project was completed and accepted in August 1979. DISCUSSION: On March 12, 1980, the outlet pipe was found to be undermined and in danger of a complete washout of the dike unless something was done soon. Robert W. Moore, the original contractor, was called and came out immediately. Because of impending rain fall, and after serious consultation, Bob agreed to take steps to obtain equipment and materials to grout the washed out and undermined areas resulting in a satisfactory repair which stands today. Because of urgency there was no discussion of compensation because of a lack of knowledge as to whether or not the grouting would work or if the dike had to be excavated and rebuilt. After a couple of months, there seemed to be no other problems so Bob submitted a bill for $1,933.33 for materials purchased and equip- ment rented - no charge for his personal services, his equipment used or his personal payroll. On two occasions, Ed Kishel submitted letters recommending payment but staff considered this as part of the contract warrantee and no payment was processed. On February 4, 1981, Staff received a letter from Mr. Moore's attorney requesting full payment of $2,836.33, which included costs incurred by Robert W. Moore Company. The letter was answered by Sherm Winthrop, generally denying the claim. Now comes the Summons. 1 RECOMMENDATION Because of pending court action, and because the project was accepted and it is difficult to determine responsibility, it is staff's recommendation that the entire bill be paid at this time. ACTION REQUIRED: If Council agrees with staff recommendation, authorization for payment is in order. If not, we go to court with the possibility of losing. The City Attorney has been given a copy of the Summons and relevant material and will be in a position to respond to questions. 2 COPY STATE OF MINNESOTA ' `, ' ` ' �� DISTRICT COURT COUNTY OF DAKOTA 'Pili FIRST JUDICIAL DISTRICT ----------------------------- Robert W. Moore, Plaintiff, -vs- City of Mendota Heights, Defendant. SUMMONS THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANT: You are hereby summoned and required to serve upon plaintiffs attorney an Answer to the Complaint which is herewith served upon you within Twenty (20) days after the service of this Summons upon you, exclusive of the date of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. /I Dated this day of 1984. GEARIN do SHIELY, P.A. 1_� Ztmes F. Shiely, jr. torney for Plaintiff 500 Degree of Honor Building St, Paul, MN 55101 (612) 227-7577 Attorney ID No. 100390 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT --------------- Robert W. Moore, Plaintiff, -vs- COMPLAINT City of Mendota Heights, Defendant. --------------------------------------- Robert W. Moore Company, as and for its Complaint against defendant, herein states and alleges as follows: t. That on or about March 1980, Robert W. Moore Company provided certain labor, materials, and expense in repairing an overflow culvert in the vicinity of the Sommerset Golf Course ponding basin pursuant to the emergency request of the City of Mendota Heights. II . That the reasonable value of said improvements is $2,836.33 which includes the following: Item A mount Rental of grout pump, 500.00 Grout 1,433.33 Labor of three men, nine hours each. 540.00 Use of truck. i 63.00 Tools present on the job, including auger, hand shovels, barricades, hose and pump. 100.00 Robert Moore's presence, inspection and planning of the job. 200.00 Total $2,836.33 i 0 That no part thereof has been paid. WHEREFORE, the plaintiff demands judgment against the defendant in the amount of $2,836.33. Dated this a 3 'day of 1984. GEARIN & SHIELY, P.A. J es F. Shiely, Jr. torney for Plaintiff 500 Degree of Honor Building St. Paul, MN 55101 (612)227-7577 Attorney ID No. 100390 ►~` 1. WINTHROP. W E I N S T I N E & SEXTON ATT0nNEYG AT LAW SI•Eq.•All wlr. T.. I.Oo 2300 AMCMCAN NATIONAL (1ANK OUIL01NG 15121292-011(7 1+0HCgI wC1r.S T. r.[ n.p.,•s �. SC•TOu ' SAINT ffAlIL,IAIfINF_jOTA 55101 —C-1.1) • .•r1(G C. Tp1,NG• ----y w VIGL++ 0-0 ++. oC •T+sOr+ T.IOw S w. .—I IV f D..no. C •r+U�5o� March G, 1981 wC-01 wILC50•+ LEGGE Mr. Daniel'L. Altwegg t Gearin and Shiely Attorneys at Law 500 Degree of Iionor Building Saint Paul, Minnesota 55101 Re: City of Mendota Heights - Ivy Falls Creek Drainage Improvement Project (Improvement No. 77, Project No. 14) - Robert W. Moore Company Dear Mr. Altwegg: We represent the City of Mendota Heights. Your letter of February 3, 1981, addressed to Mr. James E. Danielson, the City's Director of Public Works, relative to the above -captioned matter has been referred to us for reply. It is our understanding that on or about March 12, 1980, the outlet pipe at the lower pond on the Somerset Golf Course was found to be undermined and;that the Robert W. Moore Company as the contractor on the project was contacted to correct the situation. It is the position of the City of Mendota Heights that there were no unusual circumstances contributing to the pipe or culvert failure and that accordingly, responsibility for the matter, including the costs of correcting the situation, is that of the contractor, Robert 14. Moore Company. If you have any questions or desire any additional information in this connection, please do not hesitate to ask. Very truly yours, WINTHROP, WEINSTINE & SEXTON By - Sherman Winthrop S14: s r I CC: r11-. GEARIN AND SHIELY. P.A. ATTORNEYS AND COUNSELORS AT LAW ROBERT A. GEARIN JAMES F. SHIELY. JR. DANIEL L. ALTWEGG Or COUNCCL JOSEPH L. MELZAREK Mr. James 1:. Danielson Director of Public Works City of Mendota Heights 750 South Plaza Drive Mendota Heights, MN 55120 Re: Robert W. Moore, Repair of Overflow Culvert Dear Mr. Danielson: 900 OEGHEE Or NONOH SUIL01NG SAINT PAUL. MINNESOTA 55101 46121 227.7577 February 3, 1981 F F , A+. R�r'0 Our firm has been retained by the Robert W. Moore Company in regards to repair work performed on a Mendota Heights culvert. The Robert W. Moore Company has Previously attempted to collect their out-of-pocket costs for this project and have been unsucessful. The total out-of-pocket costs that the Robert IV. Moore Company have incurred in regards to this matter are: Rental of Grout Pump $ 500.00 Grout 1,433.33 Total $ 1,933.33 In lieu of payment of the above amount, the Robert W. Moore Company will have no choice but to seek collection for the entire amount of out-of-pocket costs, labor costs, and other incidental costs as detailed below Rental of Grout Pump $ 500.00 Grout 1,433.33 Labor of 3 Men, 9 Hours Each 540.00 Use of Truck 63.00 "Cools present on the Job, Including Auger, Hand Shovels, Barricades, Hose and Pump 100.00 Robert Moore's Presence, Inspection and Planning of the Job 200.00 Total $ 21836.33 A response within 21 days of the date of this letter would greatly facilitate matters. Thank you very much for your cooperation. Very truly yours, GEAIII N API) SHIELY, P.A., Daniel L. Aitwegg ',4.{F +1 t' CD '�l i f3 ('5 El 23 September 1980 B[TT[NBURG sT[]LT[ & COMB, INC. xwOo|[*C|� |w(|^1(xIS |1xwmix\ Mr' James E. Danielson Pub |ic Works Di rector City of Mendota Heights � 750 South Plaza Drive Mendota Heights, Minnesota 55120 Subject: Mendota Heights Ivy Falls Creek Improvement 77 Project 14 Phase i-8 8TSC Project No. 7838 Dear Jim: Back in March of this year, the outlet pipe at the |cv^er pond on the Somerset Golf Course was found to be undermined. Bob Moore, the Contractor on the project in which the original pipe was installed, was called and because of a forecast for rain stepped in and made repairs to prevent more extensive This wasoutlinedto you in my letter of 5 June 1980. A few days ago Bob called me and'indicated that the billings amounting to $1,933.33 wer6 still unpaid' He also indicated that his attorney is recom- mending legal action. Bob indicates that he is reluctant to take such action ' unless absn|vcc|y necessary and asked that | discuss this matter with you in an effort to have this claim paid and avoid legal action. He also reminded mc that the billings included in his original claim were only for items he has had to pay out for materials and outside services. He has made no claim for his own services, employees he used in the two days it took to make the repairs and for his equipment used. ! I feel that the recommendation made in my letter of S June 1980 still stands and ask that you look into the matter at your earliest convenience to avoid legal action. Ve truly yours, | Edward F. el [FK/d[° I City of Acwtota Acights BANK BUILDING 750 SOUTH PLAZA DRIVE • MENDOTA HEIGHTS, MINNESOTA 55120 TELEPHONE (612) 452-1850 June 9, 1980 Mr. Ed Kishel 672 Transfer Road St. Paul, MN 55114 Dear Ed: I have received your letter of June 5th, recommending payment to Robert W. Moore, for work done on City Improvement Project No. 77-14, repairs to overflow culvert located at the outlet to the west pond on Somerset Country Club golf course. The City feels there were no unusual circumstances contributing to the culvert failure and can only assume that defective workmanship was the cause. We feel that because of this fact, the City should not be liable to any payment. The project is less than one year from final completion and Article 13, Section M; 13.10, ONE YEAR CORRECTION PERIOD, would be applicable. If you have any questions, I would be happy to discuss this with you further. _:rte• Very truly yours, James E. Danielson, P.E. Director of Public Works JED:madlr 5 June 1980 0ETT[NDUNG'TOVVNSEND S0OLTE & COK4Q. INC. Mr' James E. Danielson K[C�K/EO City of Mendota Heights ' 750 South Plaza Drive 1��- O Mendota Heights, Minnesota �S|551-20 ~ Subject: Mendota Heights Ivy Falls Creek Improvement 77 Project 14 Phase 7-B 8TSC Project No. 7838 Dear Jim: As you may recall, on March |%, 1988. the nutlet pipe at the lower pond on the Somerset Golf Course was found to he undermined similar to that which occurred on Marie Avenue. Robert W. Moore was the Contractor on the original job and when contacted, came out to look over the situation the next day' In that the forecast was for rain and the possibility of losing the entire pipeline was real, a quick conference suggested the use of pumped concrete into the voids as the best immediate method for repairing the damages' There was no discussion regarding compensation mainly because no one knew what it would take and the time element was important. Mr' Moore comh charge, ordered the materials and supplied the manpower to repair the damage the following day, March 21. - ` The cause of the undermining was not readily ascertainable but the corrective work seems to be satisfactory. The press of other work prevented us from delving into the cost for the cor- rective work until recently when .e received the attached statement in the amount of $1,933'33 from Mr. Moore. Although the Contract For Phase l -B of the Ivy Falls Creek work has been fioaled out as of August 1979, the entire project has not as yet been assessed and some contingencies are included in the total financing which can absorb these costs' ; We feel that Mr' Moore did a good emergency job, is entitled to be compensated for same, and herewith recommend that payment for the work be made. Ve r truly yours, � (! ' ROBERT W. MOORE COMPANY General Contractor =21, 1325 De Courcy Dave ST. PAUL. MINNESOTA 55103 (612) 644-3773 City of Mendota Heights 750 South Plaza Drive Mendota Heights, Minnesota 55120 n N,r. Ed Kishel { ....,,5: DATE CHARGES AND CREDITS BALANCE BALANCE FORWARD PARTIAL EXPENSES Repairs to Overflow Culvert Somerset Golf Course Ponding Basin Grout pumping $ 500 00 Grout $1,433 33 $1,933 33 Invoices enclosed ROBERT W. MOORE COMPANY 1 ('�/►/ �//� rAY LAST AMOVN• yn ry• 1N THIS C...+w .OW SHIELY Coi6 ,%CRL -,E COMPANY %VwsjuoAflY of T64C J. L 4-ftLy CO. RC44 - mra 6046uze SOLD ROf) I.R f W t4OGRC CC TO I 325 C[COURCY OR[VC ST rAUL 4N 'J5103 %A4111 PAUL. fAINN0,01A JSI(W 411.1;44014 641,-W.)l INVOICE OATI 25� 16F7 3 St 110 FI NANCE CIIARGC 1 21 FCR MONTH ON ACCOUN CUSTOMERS So DAYS UR t Ofit PAST CUE. ANNU ORDERNO. 0000 RD TERMS: S-50/Yt) L5 DAYS 1. NET 30 PERCENTAGE RATE t2 03121 1-2 GROUT jOcbV Rt} 03/21 ZUkE 2 DELIVERY 03/21 kltTCR SERV 03121 STANDBY Cli� n 24.00 4 5 c 24 -OC .2 .5C 1.2= 31.5L 1080. 0, 204. 0, 60. ("1 46. 1 -, IF YCJU NAVE ANY QUESTIONS REGARDENG THIS INVOICqp ICAtL KAPEN ATI 646-6601 TOTAL YDS. *TAXABLE AMT. ON -TAXABLE AMT. DELIVERY CHG. I SALES TAX PLEASE PAY 0 - 24.00 108C.00 106.13 204.001 43.20 1 THIS AMOUNT 1433-33 DUPLICATE INVOICE . GROUT, INC. - P. 0. BOX 173 SOUTH ST. PAUL, MN 55075 451-2579 a . Sold To Robert W. ;:oore Co. 1325 De Courcy !)r. St. Paul, Mn. 55103 No.w ti"'J67 Dato x;/22/60 Shipped to ----- Golf Course • Your Order No. �Our Order No. nate Shipr.cd Shipped VIi. ! f .r).ti, E Terni;; Quantity j Ouantity -- Shipped d ockOrdered Prico Per Amount— Grout pumping service 3/22/80• Pump w l man, 5 hours -- -_ .—_—.— 50400 250,. 0 -- 2 at'.c it o teal men, 5 hours i - 50100 — - - ---------- -- - Total ----'- -- 500.0 • .. Witsor.Jones (,, �op(��]Q /IilvoicE Will 1...1Jon NFT i " 5074