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1995-01-17CITY OF �NDOTA HEIGHTS DAKOTA COIINTY, MINNSSOTA AGENDA Jaauary 17, 1995 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of December 20, 1994 and January 3, 1995 Minutes 5. Coasent Calendar r� a. Acknowledgment of the January 10 Parks and Recreation Commission Minutes. b. Acknowledgment of the Treasurer's Report for December. c. Acknowledgment of the Fire Department Report for December. d. Acceptance of Donation to the Mendota Heights Police � Department. e. Approval to Schedule the 1995 Board of Review Meeting for 7:00 P.M. on Tuesday, April 4, 1995. f. Authorization to Purchase Seven (7) Motorola Pagers for the Fire Department. ,g. Approval to Develop Two T-Ball Fields on the Grass Area East of the Public Worka Facility. h. Approval to Issue a Temporary On-Sale Liquor License to Visitation Convent for March 3 and 4, 1995 in Connection with the Merrie Market Auction. i. Approval of Sign Permits for Dakota Bank - 750 South Plaza Drive. j. Approval of Pay Equity Implementation Report. k. Approval of Rensington PUD Public Improvements - RESOLIITION NO. 95-04. l. Approval of Bobst Final Plat - RLSOLIITION N0. 95-05 m. -Approval of Northland Partners Tax Increment Agreement. n. Approval to Purchase Vehicle for Fire Chief. o. Acknowledge Receipt of Minute Excerpt from the December 29, 1994 Planning Commission Meeting. p. Approval to Purchase Computer Scanner. q. Approval of the List of Contractors r. Approval of the List of Claims. End of Consent Calendar 7. Public Comments aF. 8. Hearinq� a. Mendota Heights Road Street Vacation - - RESOLIITION NO. 95-06 9. IIafiaished and New Business * a. Case No. 94-25: Mendota Homes - Rezoning, PUD and Final Plat 1. ORDINANCS N0. 300 - Ordinance approving Rezoning a � 2. RESOLIITION NO. 9-07 Resolution approving CU for PUD 3. RESOLIIT=ON NO. � 08 F`inal Plat for Mendota Meadows b. Case No. 94-39: Mansfield - Variance * c. Discuss Ordinance Revisions for Detached Garages in the R-1 Zoning District - ORDINANCE N0. 301 d. Presentation of Final Plans and Specificationa for North Kensington Park. e. Set Council Future Workshop/Meeting Dates. 10. Council Comments 1�. Adjourn Auxili�ry aids for disabled persoas are �vailable upon request at least 120 hours ia �dvsace. I£ a aotice of less thaa 120 hours is received, the City of Meadota 8eights will m�ke every attempt to provide the sids, however, this may not be possible oa short notice. Please coatact City Admiaistration at 452-1850 with requests. � CITY OF MENDOTA HEIGHTS MEMO January 17, 1995 T0: Mayor and City Council FROM: Tom Lawell, City Administr t . SUBJECT: Add On Agenda for January 17 Council Meeting x• Additional information is submitted for items 9a and 9c (*). Item 5j has been deleted from the agenda. 3. Ageada Acioptioa It is recommended that Council adopt the revised agenda printed on green paper. 9a. Gase No. 94-25: Mendota Homes - Rezoning, PUD and Final Plat To officially enact a rezoning it must be approved in the form of an Ordinance (see attached). The�previously distributed Resolution has been amended to deal solely with the CUP for PUD. Also, minor revisions have been made to the Conservation Easement Agreement (see attached). 9c. Discuss Ordinance Revisions for Detached Garages in the R-1 Zoning District - ORDINANCE NO. 301 Please see revised Ordinance. MTL:kkb � CITY OF biENDOTA HEIGHTS DAROTA COIINTY, MINNLaSOTA AGENDA Jaauary 17, 1995 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of December 20, 1994 and January 3, 1995 Minutes 5. Consent Caleadar f� a. Acknowledgment of the January 10 Parks and Recreation Commission Minutes. b. Acknowledgment of the Treasurer's Report for December. c. Acknowledgment of the Fire Department Report for December. d. Acceptance of Donation to the Mendota Heights Police Department. e. Approval to Schedule the 1995 Board of Review Meeting for 7:00 P.M. on Tuesday, April 4, 1995. f. Authorization to Purchase Seven (7) Motorola Pagers for the Fire Department. g. Approval to Develop Two T-Ball Fields on the Grass Area East of the Public Works Facility. h. Approval to Issue a Temporary On-Sale Liquor License to Visitation Convent for Ma.rch 3 and 4, 1995 in Connection with the Merrie Market Auction. i. Approval of Sign Permits for Dakota Bank - 750 South Plaza Drive. j. Acknowledge Park Commission Finding Supporting Joint Planning of Recreational Facilities at Proposed Middle School in Mendota Heights. k. Approval of Pay Equity Implementation Report. 1. Approval of Kensington PUD Public Improvements - RESOLIITION NO. 95-04. m. Approval of Bobst Final Plat - RESOLIITION NO. 95-05 n. Approval of Northland Partners Tax Increment Agreement. o. Approval to Purchase Vehicle for Fire Chief. p. Acknowledge Receipt of Minute Excerpt from the December 29, 1994 Planning Commission Meeting. q. Approval to Purchase Computer Scanner. r. Approval of the List of Contractors s. Approval of the List of Claims. End of Consent Calendar 7. Public Comments 8. Hearinq a. Mendota Heights Road Street Vacation - - RESOLIITION NO. 95-06 9. IInfinished and New Business a. Case No. 94-25: Mendota Homes - Rezoning, PUD and Final Plat 1. RESOLIITION NO. 94-07 Resolution approving ��a�ax�d CUP f or PUD . 2. RBSOLIITION NO. 94-08 Final Plat for Mendota Meadows ,� b. Case No. 94-39; Mansfield - Variance c. Discuss Ordinance Revisions for Detached Garages in the R-1 Zoning District - ORDINALICE NO. 300 d. Presentation of Final Plans and Specifications for North Rensington Park. e. Set Council Future Workshop/Meeting �ates. 10. Covacil Comments 11. Ad j ourn Auxiliary aids for disabled persons are available upon request at least 120 hours ia advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short aotice. Please contact City Admiaistratioa at 452-1850 with requests. Page No. 4245 December 20, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 20, 1994 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota. Heights, Minnesota.. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Huber moved adoption of the agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the minutes of the November 1, 1994 regular meeting. Councilmember Koch seconded the motion. Councilmember Krebsbach moved adoption of the minutes of the November 7, 1994 meeting. Councilmember Smith seconded the motion. Councilmemb m� ved approval of the consent calendar for the meeting, revise o move items Sc., Curley Furniture sign, and Sg, United Properties easement to the regulaz agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of receipt of the unapproved minutes of the November 2, 1994 NDC-4 meeting. b. Approval of the issuance of a permit to Rollerblade, Inc. for a twelve square foot temporary sign to be located 40 feet from the front lot line at 2360 Pilot Knob Road. c. Acknowledgrnent of the minutes of the December 13, 1994 Park and Recreation Commission meeting. Page No. 4246 December 20, 1994 d. Acknowledgment of receipt of invitations to the annual National League of Cities Conference and a Dakota County League of Governments meeting. e. Adoption of Resolution No. 94-91, "A RESOLITTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON ORGAI�iIZED EMPLOYEES TO REFLECT A THREE PERCENT ANNUAL ADNSTMENT FOR 1995," and Resolution No. 94-92, "A RESOLITTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1995 AND ESTABLISHIN� CERTAIN OTHER BENEFITS.° f. Approval of the list of claims dated December 2,Q, 1994 and totaling $205,744.59. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CURLEY FURNITURE SIGN Council acknowledged a memo from Code Enforcement Officer Berg regazding an application for sign pemut from the Curley Furniture Company at the former Ethan Allen facility at 1044 Highway 110. Mayor Mertensotto stated that Curley Furniture wants to use the entire 120 square feet (each side) of the former Ethan Allen sign but the Ethan Allen sign is a non-complying sign 20 square feet larger than is allowed by code and there is no record to show that the city approved the sign. He stated that approval of the request would set a dangerous precedent. Administrative Assistant Batchelder informed Council that the sign permit is a request to change the sign message on an elcisting sign and that the structure of the sign was not removed when Ethan Allen vacated the building. He explained that under the ordinance Curley would be permitted to use 100 square feet of the sign area but not the apex axea. Mayor Mertensotto responded that Ethan Allen had a logo in the apex of the sign and the current applicant intends to use the apex in addition to the other sign area. He did not feel Council should endorse a non-conforming sign use. He stated that Council has asked other applicants to strictly conform to the ordinance and that he does not see any good reason to set a precedent by allowing a 120 Page No. 4247 December 20, 1994 square foot sign along T.H. 110. He suggested that Mr. Curley appear before the Planning Commission for variance consideration. Mr. Tim Curley, present for the discussion, stated that the building has existed for 26 yeazs and the sign has also and all he is asking is to place his logo in the apex of the sign. He stated that he has met with city staff and the city planner and all agreed that this was within the limitations of the ordinance. Mayor Mertensotto responded that 120 square feet of sign azea is non-conforming and there is no record Ethan Allen r,eceived approval for the sign size. Councilmember Huber stated that if Council decide�i to deviate from the ordinance, a precedent is set and others in the future would expect the same sign size. He further stated that Mr. Curley should make application for variance and go through the same planning process as everyone else does. Councilmember Huber moved to table action and refer the matter to the Planning Commission for review and recommendation. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 LTNITED PROPERTIES Council acknowledged a memo from Public Works Director EASEMENT PURCHASE Danielson regazding acquisition of easements from United Properties in conjunction with the industrial park storm water project. Council also acknowledged proposed easement agreements. Mayor Mertensotto stated he feels that the appraisal is top dollar value which does not take into account that this is probably not the most desirable part of the developer's land for density. He further stated that he has spoken to the city's appraiser, Blake Davis, and asked if he thought it would be appropriate, (if the city acquires the easement area at the $1.80 per square foot value at which he appraised the property) for the easement azea to be deducted from the total land area for development so that United Properties cannot calculate the footprint by saying that they own the land and include it within their land area calculation. He recommended that acquisition be conditioned that the easement area be subtracted from the land azea owned by the developer as far as the potential percentage development. After discussion, Councilmember Smith moved to purchase drainage and utility easements from United Properties, as described in the Ayes: 5 Nays: 0 HEARING - TRUTH IN TAXATION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 METRO EAST DEVELOPMENT PARTNERSHIP Page No. 4248 December 20, 1994 Public Works Director's memo dated December 15, 1994, for the � appraised value of $246,000 to be funded by the TIF, subject to execution and delivery of the easement documents, in recordable form, by United Properties and further conditioned that the areas taken for the easements be subtracted from the land azea owned by the developer for future development percentages. Councilmember Huber seconded the motion. Council directed staff to draft a resolution with respect to acquisition of the easement, the document to be attached to the r.ecorded easement, and notify United Properties of the condition on development azea reduction and inform them that unless they consent to the condition the city cannot proceed with the acquisition before the end of the yeaz. Council acknowledged a memo and proposed resolutions with respect to the 19941evy and 1995 budget. Mayor Mertensotto opened the meeting for the purpose of a subsequent hearing on the proposed 19941evy and 1995 budget, and asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Koch seconded the motion. Councilmember Koch moved adoption of Resolution No. 94-91, "RESOLUTION APPROVING FINAL 1994 TAX LEVY COLLECTIBLE IN 1995 AND ADOPTING THE PROPOSED BUDGET FOR 1995." Councilmember Smith seconded the motion. Council acknowledged a letter and information on the Metro East Development Partnership from its Executive Director, Jeffrey Rageth, along with a memo from Administrator Lawell. Mr. Rageth was present for the discussion. Mr. Rageth gave Council and the audience a history of his organization and informed them on the organiza.tional purpose and development activities of Metro East. He gave an overview of the programs and services provided by Metro East and informed Council on the potential benefits to be gained by the city through Page No. 4249 December 20, 1994 membership in the organization, particulazly benefits to small businesses�in the community who would like to expand. Responding to questions from Mayor Mertensotto, he stated that the annual membership fee, $500, has not increased during the seven yeazs the organization has been in existence and in fact has decreased Mayor Mertensotto asked if the city would be open to assessment, above the annual membership, and he complimented Metro East on the quality of its bulletins. Mr. Rageth stated that there is no assessment potential, and explained that about 70% of the cost of the brochures is funded by private enterprise. He stated that members can dro�: at any time. Councilmember Smith stated that the facilitation and assistance in providing contacts to the right person and being able to set up a dialogue is very helpful, and it is the ancillary benefits that would be realized by membership in such an organization that would make membership worthwhile. Councilmember Krebsbach sta.ted that there are other organizations which provide similaz service, including the Dakota County Economic Development Partnerslup, and suggested that Council look at them as well. Mayor Mertensotto suggested tha.t the issue be placed on the next scheduled workshop agenda and directed staff to prepare a list of all similar organizations which are operating in Dakota. County. . Mr. Rageth invited Cou.ncil to attend the annual meeting of Metro East to be held in January. HEARING - FRIENDLY HILLS Mayor Mertensotto opened the meeting for the purpose of a ADDITION STREETS continued public hearing on proposed Friendly Hills street and storm sewer improvements. Council acknowledged a report from Engineer Mogan in response to public comments at the December 6 public hearing, along with a letter from Mr. & Mrs. Gail Wirth, 2123 Fox Place. Mayor Mertensotto gave a brief history on the project and a recap of the December 6 hearing. He informed the audience that there has been some reduction in the storm sewer drainage mains from the project as originally proposed. He stated that the city cannot afford to put in stubs at the main, at the $2,700 per lot assessment rate, but the homeowners, if they choose, could hook up a sump pump and Page No. 4250 December 20, 1994 dischazge directly into the storm sewer line, where the main is available. He stated that homeowners can request that a stub be put at their properties at an estimated cost of $200. Public Works Director Danielson responded that the item could be included as a change order to the contract, and the property owners would be charged whatever the cost is. He stated that property owners would have to notify the city of their desire for a stub at some time prior to installation of the main along the properties. Councilmember Smith stated that since mains will not run along all of the properties, the city would have to notify those who will be affected that they can take advantage of the stub opportunity. �- Councilmember Krebsbach encouraged residents who have a problem with their sump pumps to take advantage of the stub if the main is available to them. She pointed out that this would m��mi�e the investment in the project. Mayor Mertensotto stated that on December 6 the feasibility report included drainage assessments for residential properties along Dodd Road. He stated that those properties can be included in the drainage assessment now since they drain to the district, or they can be included in a future drainage project which will likely occur as the result of redevelopment along Dodd. He informed the audience that because there is a potential for future assessment, staff has recommended that the nine residential properties along Dodd can be removed from the current project. Mayor Mertensotto stated that Ms. Renee Schmidt objected on December 6 to being assessed for the street portion of the project. He informed Ms. Schmidt that since this is not the assessment hearing, she should appear at the assessment hearing and submit an objection to the assessment at the time of the assessment hearing. Ms. Schmidt stated that the staff report is inaccurate with respect to her property. She stated that there is curb and gutter in front of her house which was installed as part of the Bridgeview Shores project. She sta.ted that she did not ask for the improvement at that time, and was not assessed for it. She did not feel that she should be assessed for street improvements as part of the Friendly Hills project. Mayor Mertensotto responded that the homeowners in Bridgeview Shores ultimately paid for the improvements in front of Ms. Schmidt's home. He explained that her property is in the assessment area and is part of the project and could be assessed for both street Ayes: 5 Nays: 0 Page No. 4251 December 20, 1994 and storm sewer. He stated that Ms. Schmidt's objection will be placed on record. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Smith seconded the motion. Mayor Mertensotto commended the Friendly Hills Task Force on its efforts. He stated that the Friendly Hills development was the first major development in the city and that it has never�ad a street assessment or urban streets. He stated that the engineering recommendation is that Decorah, between Dodd and Apache, since it has no access onto it, be 28 feet in width and the remainder of Decorah, since it is MSA, be 33 feet wide. He sta.ted that there will likely be a requirement by MSA that pazking be restricted to one side of the street, but Council will not make a choice on which side of the street will have parking allowed until it is notified of the parking restriction by the state. He explained that MSA funding and MSA reserve funding is necessary to make financing for the project work. Councilmember Krebsbach stated that she hopes that the Friendly Hills community and those from Copperfield would work together to reduce their speeds and that those in Friendly Hills not be hostile to the neighbors who drive Decorah. Mayor Mertensotto stated that one potential for controlling traffic is to install four-way stops at some of the Decorah intersections. Councilmember Smith stated that she is very much in favor of the project and commends the task force. She stated that she feels badly that some of the azeas were not represented on the committee but expressed appreciation to the community for rallying around the project and their open minded attitude. Responding to a question from Councilmember Smith, Treasurer Shaughnessy explained what MSA reserve is and stated that it is anticipated that about $30,000 to $35,000 of the current $200,000 reserve will be needed for the Friendly Hills project. He explained that the reserve fund has been used for lazge maintenance projects, like the re-milling on Mendota Heights Road. Ayes: 5 Nays: 0 Page No. 4252 December 20, 1994 Mayor Mertensotto asked for Council to support a contribution of $7,000 from the Storm Water Utility Fund to the project to compensate for not assessing the Dodd Road residential properties because they can be assessed under a future project. Councilmember Huber stated that he is in favor of the project. He further stated that Friendly Hills is a unique azea in that the lots are smaller than most of the lots in the city and the proposed $2,700 assessment is equivalent to what would be assessed ($3,400 to $3,500) for similar improvements to a standard city lot. He explained that the city is financing a lazger share than it would in other projects but he does not feel a precedent is being set in consideration of the lot size differences. f• Mayor Mertensotto agreed, stating that the frontage of the lots in the Curley Addition, for example, aze larger than Friendly Hills, and the Curley lots will likely be looking at an estimated $3,400 to $3,500 assessment, which is proportionately the same. Councilmember Krebsbach sta.ted tha.t if the approving resolution is adopted, she would like it to be amended to include information on the sump pump hook-option at additional cost. There being no further discussion, Councilmember Smith moved adoption of Resolution No. 94-94, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IlVIPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RECONSTRUCTION/REHABILITATION IMPROVEMENTS TO SERVE FRIENDLY HILLS REARR.ANGEMENT, HASELBURGER ADDITION, SIlVIEK REARRANGEMENT AND SURROUNDING AREAS (IMPROVEMENT NO. 92, PROJECT NO. 6," amended to add 1.) that the $7,000 for the nine residential properties on Dodd Road will be financed by the Storm Water Utility Fund and that those properties will be deleted from the project and subject to future assessments and storm water improvements; and 2) there shall be a sepazate bid item in the contract to allow connection to the storm sewer main and individual home owners where possible will be given the option to hook up at additional cost. Councilmember Koch seconded the motion. Councilmember Krebsbach suggested that staff be directed to keep the neighborhood informed on the timetable for project construction. Page No. 4253 December 20, 1994 Council aclrnowledged that Ms. Renee Schmidt appeared to object to her potential assessment. CASE NO. 94-06, DAHM Council acknowledged an application from Mr. Keith Dahm for modified critical azea site plan approval to allow construction of a • single family home on Lot 1, Block 2, Valley View Oaks (1942 Glen Hill Road). Councilmember Krebsbach stated that the lot is across from the lots on the bluff and after the Critical Area Ordinance is revised, it may fall within the area that may not be as rigorously scrutinized as the lots on the bluff. Councilmember Krebsbach moved to approve the modified site plan for Lot 1, Block 2, Valley View Oaks, to allow construction of a single family residence at 1942 Glen Hill Road along with waiver of the $100 application fee, conditioned that the developer carry out the tree preservation plan, with respect to removal and replacement of trees, as submitted with the application. l Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 94-25, MENDOTA Council acknowledged an application for rezoning and conditional MEADOWS REZONING AND use permit for planned unit development from Mendota. Homes, CONDITIONAL USE PERMIT for the proposed Mendota Meadows townhouse development, along with associated staff reports. 1V.�ayor Mertensotto informed the audience that on November 15 Council denied the conditional use pernut because a da.y care center had been proposed to be developed on one acre of the ten acre site. He stated that the current proposal is for 36 townhouses on the ten acre PUD project. He stated that the plans will need to be modified with respect to the grade of the driveways from the main road to the garages. Public Works Director Danielson responded that most of the lots will have an 8% grade. Mayor Mertensotto stated that the plan shows up to a 10% grade and that should be modified. He asked what the legend on the plan means and whether city staff had notified Mr. Mathern of the concern voiced by the Bridgeview Shores residents with respect to the berm along Mendota Heights Road. Page No. 4254 December 20, 1994 Mr. Mathem submitted current plans, explained the legend and briefly reviewed the plans. He stated that the new plan stipulates that no driveway will be allowed to be graded more than eight percent. He stated that he will be able to berm along part of Mendota Heights Road, including walk out Lots 1-3 and possibly Lot 4, but it will not be possible to put a berm behind Lots 5, 6, 7 and 8, and that the landscaping plan includes trees and plantings along Mendota Heights Road. Mayor Mertensotto stated that if the berm cannot be accomplished as originally proposed, one to three of the walk-outs•may have to go. Mr. Mathern responded that the street elevation to the east of those lots will mainta.in a flatter slope to the front of the �nits and a rear elevation that will allow walk-outs. He stated that he believes he can build the berm and still drain the back yazds of the walk out lots. Mayor Mertensotto pointed out that the purpose is to establish a uniform berm along Mendota. Heights Road. ' Mr. Mathern stated that the berm will be three to four feet tall. Mayor Mertensotto suggested putting in a lower berm along Lots 5- 7 with landscaping on top of it. Mr. Mathem stated that he will revise the landscape plan to make the screening along Mendota. Heights Road more dense. Mayor Mertensotto stated that Council does not know the exact location where it would like the easement on Pazcel B and pointed out that there is additional right-of-way wluch would lend itself to a future right-turn lane from Dodd onto Mendota Heights Road, which should be shown as right-of-way on the plat for future use if it is needed. He sta.ted that he would like to proceed this evening with concept approval for single story townhouses. He suggested preliminary plan approval subject to the modifications shown on the plan dated December 20 and the appropriate screening along Mendota. Heights Road. He stated that there is no definitive developers agreement or landscaping plan before Council at this time but preliminary plat approval would allow Mr. Mathern to proceed and would allow the city to begin the acquisition of the 1.3 acre Parcel B. He explained that after the city receives easements over that pazcel for signage and the turning lane area, the property would be conveyed back to the development subject to a conservation easement. He stated that the plan meets the density requirement of the MR-PUD district. Page No. 4255 December 20, 1994 Councilmember Smith asked if the footprint shown on the preliminary plan is close to what the final footprint will be. Mr. Mathern responded that it is, that the units will be 42 feet wide by 16 feet deep and that decks and patios are defined on the plan as well. He reviewed the design drawings, stating that it is proposed to construct 36 townhomes, 34 of which are attached as two units and two that are totally detached. The footprint allows 2400 square feet per unit, including about 500 square feet of gazage. He stated that some of the units will have basements and some will have walk- outs. Mayor Mertensotto asked where the meters will bey: He also asked if Mr. Mathem is requesting approval for ornamental street lights. Mr. Mathern responded that all of the utilities cannot be located in the beginning because the plans will need to be customized, but it is anticipated that they will be placed on the side of the buildings for the most part. He stated that he is requesting city streets and curbs, sidewalks and street lights, and the design will be the one that Council has selected in the past. Treasurer Shaughnessy stated that NSP will directly bill the association for the costs. Councilmember Smith stated that she would like to know the number and location of street lights before final approval. Mayor Mertensotto pointed out that a park contribution of $750 per lot is required to be paid before execution of the final plat. He asked when Mr. Mathem will pay the $30,000 purchase price of Outlot B Mr. Mathem stated that he has no objection to paying the park contribution and Outlot B acquisition price before final plat execution. A resident of Bridgeview Shores stated that there was no berm shown on the grading plans as of yesterday even though Mr. Mathern clearly understood and represented by Mr. Mathern there would be a berm along the entire length of the project and that a Planning Commission meeting Mr. Mathern agreed to eliminate the walk-outs in order to provide the berm. He also asked for clarification that there will be no rezoning for the property. Page No. 4256 December 20, 1994 Mayor Mertensotto responded that it is quite clear that Council's priority is for screening Mendota. Heights Road and if it is necessary to eliminate the walk-outs to achieve the screening, they will have to be removed. With respect to rezoning, Mayor Mertensotto stated that it is a practice of the city that prior to the granting of a conditional use pernut for planned unit development, Council rezones the land which goes into the P.U.D. so that zoning is in place. He explained that Council has always changed the underlying zoning to conespond to the use before changing the use of a property and stated that MR-PUD zoning density is not to exceed four units per acre. The resident stated that the neighbors have some objection to changing the underlying zoning. He stated that by changing the underlying zoning, if and when the townhouses cease to be someone else could come back and develop the land at a much higher density. Attomey Hart sta.ted that the city ordinance has recently been changed to provide that a PUD requires a 4/5 vote of the Council and it can only be developed by 4/5 vote so there is no advantage to retaining the underlying R-1 zoning. He further stated that it is unlawful to retain the underlying zoning and a11ow the development of a properiy that is inconsistent with the underlying zoning. Mayor Mertensotto asked Mr. Mathern if the project will be uniform in design and exterior materials. Mr. Mathern responded that they will be uniform, with the same exteriors and exterior color. Mayor Mertensotto pointed out that there will be a requirement that the exterior materials which aze proposed to be used must be included in the development plans for the project. The Bridgeview Shores resident sta.ted that there has been no submission of proof of the developer's financial ability to take on the project. Mayor Mertensotto responded that if the PUD is approved and the developer should falter, the underlying land owner will take over and complete the project or find someone else to do so but the project will have to be completed in accordance with the approved plans for the PUD. He stated that he does not believe there will be any risk involved and pointed out that the park contribution and acquisition price of Parcel B will be paid before final approval. Page No. 4257 December 20, 1994 Staff was directed to be sure to address all of the concerns raised by the Planning Cominission. Councilmember Krebsbach sta.ted that it must be very clear that the understanding is that Mr. Mathern is saying he cannot berm totally along Mendota Heights Road but is committing to major screening including dense evergreens where it cannot b bermed, and also that lantem style street lights will be used and screening will be done along the back of the exit. Councilmember Krebsbach moved to direct staff to prepare a resolution for design concept approval of a 36 townhouse planned unit development of Mendota Meadows as presented and to grant preliminary plat approval for the 10.3 acre pazcel in��the manner Ayes: 5 presented and with the conditions discussed this evening. Nays: 0 Councilmember Smith seconded the motion. PARK COMMISSION Council acknowledged a memo from Administrator La.well regarding interviews of Park and Recreation Commission candidates to fill Vicki Katz' unexpired term. Mayor Mertensotto stated that another candidate, Les Ackerman, has contacted him to express interest and directed that Mr. Ackerman be added to the list of candida.tes to interview. Administrator Lawell informed Council that one of the candidates, James Peterson, will be out of town from January through March and will not be available for interview. He sta.ted that a Council workshop should be held on the Highway 55 Corridor, labor negotiation issues, economic development organizations and the St. Paul Water agreement, and suggested that the interviews be conducted on the same evening. It was the consensus that the conunission needs to be diversified and have a balanced perspective with respect to organized sports, etc.. Administrator Lawell indicated that staff would prepare a summary for Council on the perspective of the current members. Council directed Administrator Lawell to prepare a recommenda.tion on potential workshop dates for Council consideration on January 17. COUNCIL COMMENTS Councilmember Smith stated that a home is being constructed on Mendota Heights Road with a driveway on Mendota. Heights Road. She stated that she understands that it is a difficult lot to develop but it will be the only house that has direct access to the street. Page No. 4258 December 20, 1994 Public Works Director Danielson respondecl that staff had discussed with the developer the possibility of providing �access to the lot directly from Arbor Court but there is a steep grade and there are significant oaks which would have to be removed. Councilmember Smith pointed out that the school forest property lies along Mendota Heights Road and it is not known how that property will develop. She stated that in the future when there is such a major deviation from past policy, the issue should be brought to Council. There was discussion over the recent cleaz-cutting of trees on the Garron site. Public Works Director Danielson informed Council that there is no strong ordinance language by whicl��staff could have stopped the tree removal but the Planning Commission is currently looking into prepazation of a tree preservation ordinance. Councilmember Huber informed Council on the NDC-4 Commission's action with respect to a settlement with Continental Cablevision on the non-compliance issue. Councilmember Smith stated that the joint powers agreement allows for an action by the member cities on issues dealing with the assets that belong to the cities and it appears that there has been a significant and material change. Administrator Lawell was directed to contact NDC-4 to get a copy of the full report for distribution to the Council. Councilmember Krebsbach informed Council that she will be absent from the next Council meeting. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 - TIME OF ADJOURNMENT: 10:10 o'clock P.M. ATTEST: Charles E. Mertensotto Mayor Kathleen M. Swanson City Clerk i Page No. 4259 January 3, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 3, 1995 Pursuant to due call and notice thereof, the regulaz meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Ha11, 1101 Victoria Curve, Mendota. Heights, Minnesota.. OATH OF OFFICE The City Clerk administered the Oath of Office to Mayor Mertensotto, who was re-elected to a two-year term at the November 8 City Election, and to Councilmembers Koch and Smith, who were re-elected to four-year terms. � Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch and Smith. Councilmember Krebsbach had notified Council that she would be absent. � AGENDA ADOPTION Ayes: 4 Nays: 0 I:����ilil.��i���l�li���� Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Kach seconded the motion. Councilmember Koch moved approval of the minutes of the November 15, 1994 regulaz meeting. Councilmember Smith seconded the motion. Councilmember Huber moved approval of the minutes of the December 6, 1994 regular meeting. Councilmember Koch seconded the motion. Councilmember Smith stipulated that her approval relates to that part of the meeting which she attended. CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, revised to delete item 6d, mileage reimbursement rate increase, and to move item 6e, water tower reconditioning, to the regular agenda., along with authorization for execution of any necessary documents contained therein. a. Adoption of Resolution No. 95-01, "RESOLiTTION ESTABLISHING 1995 CITY DEPOSITORIES OF FUNDS." b. Adoption of Resolution No. 95-02, "RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 1995." Page No. 4260 Jarivary 3, 1995 c. Adoption of Resolution No. 95-03, "A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1995 DAKOTA COUNTY COMMLTNITY DEVELOPMENT BLOCK GRANT FiJNDING." d. Acknowledgment of the unapproved minutes of the NDC-4 meeting held on December 7, 1994. e. Acknowledgment of the Code Enforcement mon�hly report for December. f. Approval of the list of contractor licenses da.ted J,anuary 3, 1995 and attached hereto. g. Approval of the list of claims dated January 3, 1995 and totaling $298,780.10. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 WATER TOWER Council acknowledged a memo from Public Works Director Danielson regarding the sta.tus of the water tower reconditioning project. Mayor Mertensotto stated that the tank was designed and acquired about 16 yeazs ago from Pittsburg Des Moines and it was always the city's understanding that it would have to be repainted in the future at a cost of $175,000 to $180,000. He stated that this is the only hydro-pillar tank that has vertical flutes, which were installed to cover the buckling of the outer skin of the tarik. He informed the audience that this was a concern when the tank was built and it is his understanding that Pittsburg Des Moines recommended and paid for the decorative strips as the result of the city's engineering study. He stated that the estimated cost for painting and reconditioning the tank is $600,000 - the flutes increase the cost by about $60,000 for painting and sandblasting. Mayor Mertensotto recommended that Council direct the Public Works Director to send a certified letter, over the Mayor's signature, summarizing the information on the tank to the President of Pittsburg Des Moines asking for a response in thirty days. He sta.ted that the city should not have to live with the problem to the extent that the reconditioning cost is substantially greater because of the tank defects. He pointed out that Pittsburg Des Moines may want to Ayes: 4 Nays: 0 I;L�111�t�T�:4iti)� Ayes: 4 Nays: 0 HEALTH OFFICER Ayes: 4 Nays: 0 Page No. 4261 January 3, 1995 bid on the project and they should be given the opportunity to response since the tank was their workmanship. Councilmember Smith Moved to direct staff to prepaze a letter over Mayor Mertensotto's signature to be directed to the President of Pittsburg Des Moines and asking for a response within thirty days. Councilmember Huber seconded the motion. Mayor Mertensotto recommended that Councilmember Smith be appointed as Acting Mayor for 1995. • Councilmember Huber moved to appoint Councilmember Smith to serve as Acting Mayor during any absences of the Mayor in 1995. Councilmember Koch seconded the motion. Council acknowledged a memo from City Administrator Lawell informing Council that Dr. Thaddeus Chao has agreed to again serve, without compensation, as the city's health officer for 1995. Councilmember Smith moved that Dr. Thaddeus Chao be appointed as the City Health Officer for 1995. Councilmember Koch seconded the motion. OFFICIAL NEWSPAPER Council aclrnowledged a letter from Lillie Suburban Newspapers requesting that the South-West Review be appointed as the official city newspaper for 1995. Councilmember Koch moved that the South-West Review be appointed as the official city newspaper for 1995. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 NDC-4 REPRESENTATIVES The Council acknowledged a memo from Administrator Lawell regarding appointment of two representatives to the NDC-4. Councilmember Smith moved that Councilmember Huber be reappointed as the Council representative and Mike Sokol as citizen representative to serve on the Northern Dakota County Cable Cominunications Commission for two-year terms effective January, 1995 through January, 1997. Councilmember Koch seconded the motion. Page No. 4262 January 3, 1995 Ayes: 4 Nays: 0 MOSQUITO CONTROL Mr. Dave French, Supervisor for the Dakota. County Division of the Metropolitan Mosquito Control District, and Pete Whebbe, foreman for field activities in Mendota Heights, gave a video ta.pe and oral presentation on the mosquito control program in Dakota. County. Mr. French responded to Council questions regazding how program success is measured and what benefit the city receives from the tax dollazs which go to the program. Responding to a question from Mayor Mertensotto, Mr. Whebbe informed Council that the DNR has not allowed Mosquito Control to treat the Gun Club Lake for the last two years, eyen though it is a mosquito breeding azea. Mr. French stated that his agency is currently renegotiating its contract with the DNR and, hopefully, will be allowed to treat the lake. Mayor Mertensotto asked Mr. French to inform the DNR that the City Council posed the question and wants to lmow what will be done. He asked Mr. French to inform the city in writing what he finds out about Gun Club Lake treatment. PRIMENET Council acknowledged a letter from Dale Glowa, Senior Vice President of United Properties, requesting consideration of a design � modification for the PrimeNet facility to allow Dryvit material to be used in the entrance way of the PrimeNet building. Council also acknowledged an associated memo from the City Administrator. Mr. Glowa informed Council that approval of the use of Dryvit material on a 40 by 28 foot area in the entrance azea of the building will mitigate a design problem. He explained that he cannot use the curved fabricated metal panels which the plan called for and stated that United Properties has had excellent success with Dryvit. Responding to Council questions, he stated that the color of the Dryvit will match the other colors in the building and that it is a durable material which requires painting in ten to fifteen years. He stated that he will use the best paint available for the Dryvit application. After discussion, Councilmember Koch moved to approve a design modification for the PrimeNet building to allow aluminum composition panels in the front entry area to be replaced with Dryvit in an area with approximate dimensions of 28 feet by 40 feet. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Page No. 4263 January 3, 1995 MENDOTA HOMES Council acknowledged a draft developer's agreement and easement agreement for the Mendota Homes P.U.D. Mayor Mertensotto informed Council that the developer, John Mathem, had contacted him for clarification of the due date for payment of the pazk contribution and purchase price for Outlot B, and that he informed Mr. Mathern that the amounts would be due upon execution of the final plat. He further stated that he had informed Mr. Mathern that the developer's agreement would receive only limited discussion this evening and that he would be notified immediately if any Council members had concerns�ver the agreement. Mayor Mertensotto stated that he feels that the easement to be dedicated to the city over Outlot B should be identified as a conservation easement rather than scenic easement. Attorney Hart suggested that the developer's agreement should include language that provides an enforcement mechanism for the city and also that the city may want to enter into an agreement with the homeowners' association with respect to removal of the underbrush. He stated that Mr. Mathern could sign that document on behalf of the association since he is in control of the association right now. Mayor Mertensotto stated that the association will be required to brush out the wooded area at least three times a year, and if it is not done the city could contract for the maintenance and bill the association. Attomey Hart responded that as the agreement is written it does not bind the home owners' association. Mayor Mertensotto suggested that Attorney Hart conta.ct Mr. Mathern's legal counsel. Public Works Director Danielson stated that a public hearing on proposed vacation of Mendota Heights Road excess right-of-way had been published for this evening. He asked that Council continue the hearing to January 17, when Mr. Mathern plans to discuss his final plat and final PUD plan. Page No. 4264, January 3, 1995 Councilmember Huber moved to continue the vacation hearing to January 17 at 8:00 p.m. Councilmember Smith seconded the motion. � Ayes: 4 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Koch seconded the motion. Ayes: 4 . Nays: 0 TIME OF ADJOURNMENT: 8:47 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BF APPROVED BY CITY COUNCIL J`anuary 3. 19 9 5 ,Asphalt Contrac�ar Licease Asphalt Driveway Co. J.W. Asphalt Constructian � � Masonry Contxaetor Licensa A& B Cement Conatruction Inc. Andretta Brothers D�& S Cement Co. Inc. Mike Boettcher Construc�ion Cancrete Sys�ems Inc. H.W. Cook & Sons Hi-Tech Floors, Inc, Relleher Construction Inc. B.R. Mola.ne Masonrg Snc. Poured Foundatic►ns Inc. Simon Bros. Cement Co. Valley Cement Co., Inc. Viking Concrete & Masonry Charles Zwinger 2nc. Sxcavatian Cantractor Licea�e Belai.r Builders Inc, Carlson Sewer Co. Commercial U�ilities Inc. Danner Landscapi.ng RCI Cons�ruc�ion Ruper Excava�ing Co. LeRou�c Bxcavating Inc. Joe Miller Fxcavating Plymouth Plumbing Rauchwarter Inc. Rumpca Sewer & Water Inc. Scherff Inc. Thompsan Plumbing United Water & Sewer Co. Vanderho£f E�xcavating Ine. Voson Plumbing Inc. Weierke Trenching & Excavating Co. � � General Contractors License � � Action Overhead Garage Door Advance Construction (Paster finterprises) Brin Northwestern Glass � Rober't Carr & Associates, Inc. Century Fence Co. B.L. Dalsin Roofing I�i Erectors, Inc. Rraus-Anderson Construction M & N Structures Inc. McPhillips Bros Roofing PCL Construction Petroleum Maintenance Co. Welsh construction Corp. � Western Steel Erection Inc. :f� Gas PipinQ Contractor License Allied Fireside Inc. Apollo Heating & Venilating Corp. Area Mechanical , Earl Arneson Jr. Heating & A/C Bonf e' s Plumbing Burnsville Heating & A/C Controlled Air Paul Falz Co. Fireplace Specialist Five Star Plumbing Inc. Fredrickson Heating & A/C Genz-Ryan Plumbing & Heating Hinding Heating & A/C Inc. Rleve Heating & A/C Martens/Sammon Heating Metropolitan Mechanical Contractors Inc. Owens Services Corporation PBBS Equipment Corp. Plymouth Plumbing R.H. Heating & A/C Ron�s Mecha.nical Inc. Sedgwick Heating & A/C Standard Heating & A/C Co. Thompson Plumbing Corp. Valley Aire Inc. Yale Incorporated HVAC Contractors License Apollo Heating & Venilating Corp. Area Mechanical Inc. Earl Arneson Jr. Heating & A/C Boehm Heating Co. Burnsville Heating & A/C Inc. Controlled Air Paul Falz Co. t . �� � Fredrickson Heating & A/C Inc. Genz-Ryan Plumbing & Heating Co. 'Harris Air Systems Company Hinding Heating, Air & Elec. Inc. Home Energy Center Rleve Heating & A/C ICririlcie Heating & A/C Martens/Sammon Heating & A/C Master Mechanical Inc. Metropolitan Mechanical Contractors Inc. Owens Services Corporation R.H. Heating & A/C Inc. Ron�s Mechanical Inc. Sedgwick Heating & A/C Snelling Co. Standard Heating & A/C Co. Sylvander Heating, Inc. Valley Aire Inc. Vogt Heating & A/C Wenzel Heating & A/C Yale Incorporated Drywall/Plaster Contractor License Dexter Drywall Hays Drywall J& J Enterprises Drywall Inc. R & P Drywall Pro Drywall Inc. Charles Zwinger Inc. Sign Contractor License SignArt Suburba.n Lighting Inc. Rubbish Haulers Licease Aagard Sanitation Al1-Star Disposal BFI/Action Disposal Systems Krupenny & Sons Disposal Service Mendota Heights Rubbish Service Traingle Rubbish Cigarette License D.V.M. Inc. Fmployee Party Club/Tempco Mfg. Somerset Country Club SOS Convenient Mart Twin Cities Stores � CITY OF MENDOTA HgIGHTS DAROTA COIINTY, MINNESOTA PARKS AND RECREATION COD�lISSION MINiTTES JANIIARY 10, 1995 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, January 10, 1995, in the City Hall Large Conferenc� Room, 1101 Victoria Curve. The meeting was called to order at 6:35 o'clock P.M. The following members present were Linnell, Libra, Spicer, Damberg and Norton. Commissioner Kleinglass was excused. Also present were Administrative Assistant Revin Batchelder and Parks Project Manager Guy Kullander. APPROVAL OF MINUTES x• Approval of the December 13, 1994 Parks and Recreation Commission minutes was held over until the February meeting. VALLEY VIE� 8]3IGHTS TOT LOT The Parks and Recreation Commission had discussed a request at their December meeting from Mr. Dave Ayers, of the Valley View Heights neighborhood, for further improvements at the tot lot located in the neighborhood. Chair Spicer welcomed Mr. Ayers and five members of the neighborhood to the meeting. Spicer stated the Commission had discussed a request for half court basketball and other improvements at the December meeting and had requested staff to research referendum representations and expenditures at Valley View Heights Park and to invite Mr. Ayers to appear on tonight's agenda to discuss these improvements. Mr. Ayers stated that culvert work, grading and fill was needed to make the park suita.ble, but that these were initial start up costs prior to the referendum. Mr. Ayers acknowledged referendum improvements such as threes, signs, picnic tables, trash receptacles and benches. Mr. Ayers stated that he had received an initial memo from Parks Project Manager Kullander describing the costs that have been incurred to make improvements at the Valley View Heights tot lot since the referendum. Mr. Ayers stated he believes many of the costs on this list were start up costs to get the initial park in place and should not have been included as referendum costs. He stated that this original request came to City Council approximately seven years ago when the neighborhood requested a new play structure. f Parks and Recreation Commission January 10, 1995 Page 2 Mr. Ayers and the Commission discussed the expenditures listed in this park since 1989. Mr. Ayers stated he feels when these costs are added up, it does not come to what was promised for the park. Mr. Ayers stated that thia park and tot lot is used on a regular basis, however, the use is restricted to little children. Mr. Ayers stated he felt to revitalize this park a half court basketball should be added so that youths and adults can enjoy the park as well. Mr. Ayers stated that an asphalt court would be acceptable if this makes it cheaper to install than concrete. Kullander stated the fill soil in this location is poor and that it would be necessary to over excavate to correct soils in order to grade and provide a proper subsurface for a half court basketball area. Mr. Ayers stated a half court basketball would be a nice amenity in the neighborhood and could be used by both adults and youths. Mr. Ayers stated this would help bring this park to the level of a regular park as is provided for other neighborhoods. Mr. Ayers stated he felt this amenity would help increase the use of this park. Ayers stated the closest park to the neighborhood is Roger's Lake Park if your child has out grown the tot lot. Mr. Ayers stated not many parents are willing to allow their children to travel to Roger's Lake Park unsupervised. Administrative Assistant Batchelder explained that he attached the Capital Improvements Plan to the Parks Commission agenda packet in order that they can see the improvements that are planned for the park system for the next five years. Batchelder stated there are no proposed improvements for Valley View Heights tot lot other than sealcoating the adjacent trail. The Commission discussed whether the Valley View Heights tot lot is actually in the City's park system or not. Batchelder stated an agreement had been reached with the Valley View Heights Homeowner's Association whereby they would maintain the landscaping in the park and that his has not occurred. Batchelder stated the Homeowner's Association is not an active Association and the maintenance of this park on occasion has been done by park crews when the situation requires it. Chair Spicer stated the City has done everything for this park as proposed in the referendum. Spicer stated the referendum fund has been depleted or is earmarked for current projects. Spicer stated any improvements would have to be included in the Capital Improvement Plan. Parks and Recreation Commission January 10, 1995 Page 3 A resident of the neighborhood stated it seems like this neighborhood is not being served by any City park. He stated children have to leave the neighborhood boundaries and cross busy streets to get to Roger's Lake or Marie Park. He stated there is a need to include this in the City's park system. He felt half court basketball was not an expensive proposition and that the City should move forward with this request. Chair Spicer stated the Special Park Fund is not a blank check and is limited because growth is slowing in Mendota Heights. Rullander stated that the City purchased the play equipment, and made improvements to this lot, which was acquired as a tax forfeited lot with the understanding that the Ho�neowner's Association maintain the park. Chair Spicer stated there is a possibility that this park may have never been considered an "official city park" status. Spicer stated the Parks Commission should request Council make a determination so that the Commission could consider these proposed expenditures as part of the Capital Improvement Plan. Spicer stated the Capital Improvement Plan needs to be reviewed for 1995 at the February meeting. Commissioner Damberg stated that this area was designed for tot lot use which accommodates ages seven and under. Damberg stated that if a basketball court is put in this park, the complexion of the park may change and the little kids that use the park may be forced out by the older children. Mr. Ayers stated that, quite honestly, that the neighborhood feels the park would be better used if the complexion of the park changed. He stated that there is room for a half court basketball in this location and that, if this was installed, families could all use the park at the same time. Ayers stated that older siblings can play basketball when they are sent down to watch the little children play on the play equipment. Chair Spicer stated he was of the mind to send a recommendation to the City Council that the Council review the park status of this tot lot so that the Capital Improvement Plan can address this request for a basketball court. Spicer stated if the City Council determines that, yes this is an official facility of the City's park system, then the Parks Commission can then begin to include proposed improvements in the Capital Improvement Plan. If the City Council determines that this is not part of the City's official parks system then the Parks Commission can look at the referendum money to see if any of this money would be rema.ining after existing commitments in order that the City can better attempt to make referendum improvements that were promised with this area. Parks and Recreation Commission January 10, 1995 Page 4 A resident of the neighborhood stated he would like to see the City take over the maintenance of this park because the Homeowner's Association is not active. Chair Spicer stated if City Council determines this area has park status then it would be the City's obligation to maintain it. Chair Spicer moved to recommend to the City Council that they consider this park as an active piece of the City's park system. If the determination is yes, then the Parks and Recreation Commission will include this in the Capital Improvement Plan and begin to maintain�this park on a regular basis. If the City Council's determination is no, then the Parks and Recreation Commission will begin to�'� examine potential leftover referendum funding, or other funding sources, and reconsider this request for a basketball court at a future date. Commissioner Linnell stated that the neighbors who are next door to this park should be contacted for their input. Commissioner Linnell seconded the motion. AYES: 5 NAYS: 0 Commissioner Norton stated that she felt it is appropriate to put this discussion in context and inform the�neighborhood that they are not the only neighborhood in Mendota Heights without direct park access. Commissioner Norton stated there are many priorities and many needs throughout the City that have already been determined to have priority on the Capital Improvement Plan. Norton stated there are a few neighborhoods that are actually isolated from the City's park system and the City has found it impossible to provide every neighborhood with their own neighborhood park. Chair Spicer stated that Valley View should know within ninety (90) days discussions. The Commission directed neighborhood about this request to City REFLRENDIIM FIINDING Heights neighborhood the outcome of these staff to contact the Council. Commissioner Libra distributed a memorandum handout on South Kensington Park soccer fields. Commissioner Libra stated he would like this memorandum to be included on the February agenda for consideration. Commissioner Libra stated he had met with Sibley Sting Soccer and Mendota Heights Athletic Association Soccer to discuss the referendum funds that have been reserved for potentially moving the power poles at South Parks and Recreation Commission January 10, 1995 Page 5 Kensington Park. Libra stated that, while both these groups hate the power lines, they have not interfered with play enough to justify their movement. However, he stated both groups would prefer that other improvements be ma.de with this money. Libra stated the other improvements these groups are asking for would total $17,000 and that they would ask that the rema.ining difference between the $17,000 proposed for improvements and the $25,000 budgeted for the raising of the power lines be released into the balance of the referendum fund. Commissioner Libra stated he feels the improvements that they are proposing be made to South Kensington Park would have more "bang for the buck° than spending the money on power line mov�ment. Commissioner Libra stated that in th� interim prior to the February Parks and Recreation meeting he would be happy to coordinate meetings with Sibley Sting, Mendota Heights Athletic Soccer Association and City staff. T-BALL AT 4PATER TOqPER The Commission discussed a memorandum from Parks Project Manager Kullander outlining improvements to the front yard at the Public Works Facility to accommodate T-Ball fields. Rullander had estimated a cost for backstops, bases and field preparation in this area in order to provide two T-Ball fields would be approximately $2,500. Commissioner Libra moved to recommend that City Council instruct staff to prepare a plan to add two T-Ball fields to the unused grass area east of the Public Works facility for an estimated cost of $2,500 to be provided from the Special Park Fund and to be done as soon as possible this Spring. Commissioner Damberg seconded the motion. AYES: 5 NAYS: 0 Parks Project Manager Kullander stated that after one full season of T-Ball use, if it is determined to be necessary, City staff could cut the sod out and install rec-rock for permanent base lines at these fields. Kullander stated that this proposal includes signage that would be posted stating that this is for T-Ball only use because of the short distances between the outfields for baseball play. Kullander inquired about the size of backstops that would be necessary for T-Ball play and was directed by the Commission that height of the backstops is not as necessary as the width of backstops is for this type of play. Parks and Recreation Commission January 10, 1995 Page 6 IIPDATES Parks Project Manager Kullander stated he has been talking to four landscape architect firms about requests for proposals for the improvements at Ivy Hills Park. He stated he would like the Parks and Recreation Commission to review these Requests for Proposals at their February meeting in order to� narrow it down to two landacape architect firms that would provide formal quotes or proposals for review and choice by the Commission and Council. Rullander stated a full sprinkling ban'would be in effect in the City f rom April or May through July due to the water tower painting planned for this summer. He stated that �for this reason, there is no hurry for landscape improvements at Ivy Hills Park because we will be unable to water what is installed until later in the summer. Adminiatrative Assistant Batchelder provided a copy of the Networks to the River document for the Commission to review. He stated this copy had been included in an earlier Friday News and was part of a project being done by the Urban Design Center at the University of Minnesota. He stated a discussion of the historic Fort Snelling Mendota area was included in the Network's to the River document. The Parks and Recreation Commission discussed the recreational proposals that were outlined as concept ideas in this document. The Commission discussed western Resurrection Cemetery and the potential of tr'ails around Augusta Lake. The Commission was provided a copy of a summary of Dolan vs City of Tigard regarding park dedications by City and municipalities. Batchelder stated that the Supreme Court had determined that there needs to be an "essential nexus". This essential nexus would have to exiat between the government's purpose in requiring a park dedication and the actual condition imposed by the government. Batchelder stated that the City would have to keep this in mind as we begin to explore the park dedication fees. The Parks Commission discussed an article provided in the agenda regarding the five legal obligations required of softball or baseball field operators and liability questions involving players and spectators. COI�SISSIONSR REQUEST Commissioner Linnell stated he is the co-chair on Independent School District 197's Middle School Referendum Task Force. Linnell stated he wished to inquire of the Parks Commission if they were willing to support some type of resolution in Parks and Recreation Commission January 10, 1995 Page 7 support of the school referendum. Linnell stated there is a need for additional field and gym space for the City recreation programs, as discussed at last month�s meeting. Commissioner Linnell stated the Friendly Hills site, if the referendum is successful, would include fields and gym space and that obviously ISD 197 would want to cooperate on the use of those fields with the City of Mendota Heights. Chair Spicer stated he is not confused about what Commissioner Linnell is asking the Parks Commission to do, however he is confused about the Parks and Recreation Commission'a role as an advisory body to City Council and as a non-political body for this type of recommendation. Spicer stated he �eels the best approach would an approach whereas "if the referendum is successful and passes, the City would be intereated in discussing field and gym use opportunities with the School District." Commissioner Damberg stated she feels the Commission cannot come right out and support or oppose the referendum by the School District. Commissioner Norton stated that perhaps the City Parks Commission could adopt a finding stating the City ia in support of additional resourcea because of needs for fields and gym space. Norton stated she feels the resolution could include a"whereas" stating that the community has demonstrated a need for field and gym space. Commissioner Damberg stated she could be in favor of something stated that the Commission would share in the planning of the fields if the referendum was successful, however, she feels the Commission could not support the referendum itself. The Commission discussed their role in supporting the availability of more facilities and fields. Commissioner Norton moved to adopt a finding whereby the Commission would be interested in discussing cooperation on fields and recreational facilities at a new middle school, if the referendum is successful. Commissioner Linnell seconded the motion. AYES: 5 NAYSs 0 The Commission instructed City staff to inform City Council of their intent to support cooperation on fields and gym facilities but not endorsing the school district's referendum. Parks and Recreation Commission January 10, 1995 Page 8 NORTH RENSINGTON PARK Joni Giese, landscape consultant, reoriented the Commission to the original concept plan that had been approved in August. Joni described the strong features and constraints of the North Rensington site. Ms. Giese stated the strong points include a pond, existing trees including many mature oaks, and topography that draws people into the park. Giese stated there are wet areas in this park that can be enha�ced for natural beauty. � Ms. Giese stated some of the constraints in the gas pipeline, the overhead power line and the inflows and outflows in the park. Giese stated backyards in this area face the park and that concern expressed about where the backyards end begins. park are the stdrm sewer that all the there was a and the park Ms. Giese stated the goals of this plan were to design a passive park along the backyard concept that would have natural features, accommodate the water movement through the park and allow for human use. Ms. Giese outlined the approved concept plan that included the "Bubble Diagram" with separate picnic rooms throughout the park that allows for water flow to the pond area. Ms. Giese unveiled the final plans and stated the pond had been reconfigured from the concept plan because the pipeline location blocked the proposed excavation. Ms. Giese stated the planting plan was slightly changed to move Amur Maples from underneath the powerlines so that they do not grow up into the powerlines. Ms. Giese stated that when Council approved the concept plan that they had asked her to include the picnic shelter as an add alternate and had instructed her to move the picnic shelter closer to the existing US West building which she has now done. Ms. Giese described the five picnic areas that each have three sandstone blocks set into the grass and a picnic table. She stated the sandstone blocks are proposed to be used from Acacia Cemetery and are to serve as benches. Ms. Giese outlined the location of the grill and trash receptacles. Ms. Giese stated the picnic shelter had been relocated, had been made smaller and moved closer to the US West building. Giese stated the design of this building has incorporated the looks of the houses nearby. Ms. Giese stated this add alternate picnic shelter had enough room for a six foot (6') picnic table and two (2) sandstone benches underneath the roof. Parks and Recreation Commission January 10, 1995 Page 9 � Ms. Giese described the detention pond and the water circulation patterns for both the inflow and outflow of storm water. Giese described plantings in this area as being submergent grasses to short prairie grasses with the short prairies grasses extending to the knolls to define them. Gieae stated in order to make the drainage work, we would need to remove fifty feet (50' ) of pipe at the� inflow location. Ms. Giese stated this was necessary to allow circulation of water to maximize the cleansing of the storm water for a cleaner pond. Ms. Giese described an additional add alternate which is an overlook along Mendota Heights Road adjacent� to the b�'ike path. Ms. Giese described this as a sandstone structure whereby we would be using sandstone block from Acacia Cemetery to create an overlook into the pond area. Ms. Giese described this overlook as being 35' by 17' and the sandstone blocks incorporated into it would be used as benches. Giese stated this would be a nice sitting area overlooking the pond from the north. Ms. Giese stated the overlook would be handicapped accessible. Ms. Giese described sandstone bench locations throughout the park and described the tree plantings. Ms. Giese distributed a handout on the cost estimates showing the total estimated costs for the park construction at $34,035. The add alternate for the overlook construction would be an additional $7,400 and the add alternate for the picnic shelter would be an additional $10,000. Gie�e stated that with both add alternates the park design would come to $51,435. The Parks Commission discussed the costs estimates and methods of lowering the price. Parks Project Manager Kullander suggested that the $1, 000 included for picnic tables might not be necessary as the City has an inventory and stock of picnic tables. He stated the trash receptacle and grills ma.y also be items that can be supplied from the City's inventory. Mr•. Dan Rostratter, of 2483 Stockbridge, stated he was in opposition to the picnic shelter and in September he had submitted a petition to the City Council with over sixty (60) signatures from nearby residents opposed to the inclusion of a picnic shelter at North Kensington Park. Mr. Rostratter stated all the neighbors in this area feel this is a very good design for the park with the exception of the picnic shelter. Chair Spicer stated the Parks Commission is on record as not supporting the picnic shelter. Mr. Rostratter stated there are three major reasons why he is opposed to the picnic shelter: Parks and Recreation Commission January 10, 1995 Page 10 1. The concept of a constrained capital budget and the necessity for a picnic shelter in this location. Mr. Rostratter pointed out there are two picnic shelters located in the south park. 2. Mr. Rostratter stated the location of the picnic shelter in this area raises safety and security issues. 3. Mr. Rostratter stated that sixty-nine out of aevex�ty-four residents that had been contacted about this picnic shelter oppose it and has signed the petition. Commissioner Linnell inquired of Mr. Rostratter if the residents that had signed the petition were aware of the size and relocation of the picnic shelter to a site that is more acceptable. Linnell stated to enclose one picnic table and two benches could barely be considered a picnic shelter. Chair Spicer stated the Parks Commission had agreed that this is a great, plan without the picnic shelter. Spicer stated that the overlook included as an add alternate is a very good idea and would be a real benefit to the park. Spicer stated this final plan is acceptable and that a very nice job has been completed. Commisaioner Linnell stated the original budgeted figure of $25,000 was a number pulled out of a hat. Linnell stated this number was reached at the start of the process and what the Commission should consider is are we meeting the goala for the park with this design, at this cost estimate. Linnell stated he would place a higher priority on the development of this park than the money that is earmarked for tennis at Hagstrom- King. Linnell stated that a competitive bidding process may very well bring the price down. Commissioner Damberg atated that as far as the parks design goes, the essential construction could be done first with some of the amenitiea coming at a later date, including picnic tables, trash receptacles and grills that the City may be able to supply as part of their normal budget. Damberg stated that maybe the neighbors in this area could be convinced to buy some of the trees to help cut costs. Commissioner Linnell stated he does not believe the picnic shelter is as bad of a use as it is ma.de out to be. However, he stated, he does not want force this issue on the neighborhood if they do not desire this use in the park. Parks and Recreation Commission January 10, 1995 Page il Chair Spicer moved that the Parks and Recreation Commission recommend to the City Council that the final plans and specifications be approved with the funding to come from the remaining referendum money. Commissioner Spicer stated that his motion includes that no picnic shelter be included with these final plans based on the fact there is no need for a shelter in this location and that there is neighborhood opposition to it. Spicer stated the approval of this plan should include the add alternate to fund the .proposed overlook. Commissioner Norton seconded the motion. AYBS: 5 NAYS: 0 • � • � • LY!��1�5 �� There being no further business, the Parks and Recreation Commission adjourned its meeting at 8:20 o'clock P.M. Respectfully submitted, Kevin Batchelder Administrative Assistant CITY OF MENDOTA HEIGHTS TREASIIRER'S REPORT, D$C��$R,1994 DAKOTA COIINTY STATE BANR Checking Account 1.05� Savings Account 2.15� C.D. Rep. 2.40� Collateral - Bonds Gov't. Guar. CHERORLE STATS BANR Saving Cert. 2/22/95 Q 2.75� Collateral - Bonds Gov't. Guar. BALANCE $ 38,331.21 $ 576.95 0.00 $ 38,908.16 $ 500,000.00 $ 100,000.00 $ $ 13.952.59 $ 13,952.59 $ 500,000.00 $ 100,000.00 COLLATERAL 600,000.00 r�` $ 600,000.00 Value 12-30-94 (est.) FHLMC 7.23� 12/97 FBS $ 500,008.00 FNMA 6.3% 12/97-95 FBS $ 500,008.00 FHL Mtg. Pool 8� (PRU) $ 253,613.82 FN�C 7°s Mtg. Pool (PRU) PAC $ 505, 000. 00 b'N�C 6 1/4� Mtg Pool (PRU) $ 402,520.84 FNMA 6� Pool (PRU) $ 499,803.02 FHLMC 6� Pool c� 101.4375 (PRU)$ 280,598.87 FNMA (1994 Pool) 6 1/2� (PRU) $ 280,904.42 U.S. Treasury Money Mkt (FBS) $3,365,143.48 Gov't. Securities F'und $1,002,470.00 Zero Cpn T.Bds 7.9� - 2011(J&M) $ 197,530.00 TOTAL FIINDS AVAILABLB: $7,840,461.20 Funds Available 12/31/93 $6,886,428.58 Ra.tes Monev biarket Dec 30 Bank 2.40� Dec 31 FBS 5..45 LES:kkb 490,000.00 490,000.00 250,000.00 465,000.00 380,000.00 465,000.00 260,000.00 265,000.00 4,090,000.00 2,120,000.00 215,000.00 6 � �: MENDOTA HEIGHTS FlRE DEPARTMENT DECEMBER 1994 MONTHLY REPORT FIRE CALLS NO. 94244 - 94269 FlRE ALARMS DISPATCHED: NUVBER ACTUAL FlRES - Structure - MH Commercial Structure - MH Residential 1 Structure - Contract Areas Vehicle - MH 2 Vehicle - Contract Areas . 1 ' GrassBrush/No Value MH GrassBrush/No Value Contract MEDICAL Assfst 5 Extricat(on 1 HAZARDOUS SITUATION , SpiIIs/Leaks Arc(ng/Shorting Chemical Power Llne Down FALSE ALARM Residential Maffunction 2 Commercial Malfunction 2 Unintentional - Commercial 2 Unintentional - Residential 4 Criminal 2 GOOD INTENT Smoke Scare 1 Steam Mistaken for Smoke Other 2 MUTUAL AID 1 TOTAL CALLS 2 6 LOCATION OF FlRE ALARMS: TO DATE MENDOTAHEIGHTS 22 233 MENDOTA 1 7 SUNFISH LAF� 2 13 LILYDALE 0 13 OTHER 1 3 TOTAL 26 269 WORK PERFOftMED HOUFiS TO DATE FIRE CALLS 5173 NI�I�IVGS 761 DRfLLS . , = 1743.5 �EI4.Y CLEAN-UP 403 �CIAL ACTIVffY 413 ADMINISTATIVE 0 FIRE MARSHAL 874 TOTALS 93 67. 5 502 88.5 120 34 20 0 46 810.5 NUMBER OF CALLS: 2 6 S7AUCR1FiE CONTENTS M9G. TOTAL3 TO DATE $0 �1.500 $476.575 $0 $3,000 $16,800 $100 $9�000 $9,100 TOTAL MONTHLY FlRE LOSSES � $0 �100 �13,500 FlRE LOSS TOTALS MENDOTA HEIGHTS ALL FIRES, ALL AREAS (MONTH) $13,600 a502,475 MEND. HTS. ONLY STRUCT/CONTENTS $475,075 MEND. HTS.ONLY MISCELLANEOUS $18,300 MEND. HTS. TOTAL LOSS TO DATE $493,375 BILLING FOR SERVICES LAST YEAR 193 12 12 11 5 233 LAST YEAR 4331.5 660.5 2121.5 366.5 679 0 902.5 9061.5 AGEN�.�'Y THIS MOM'H TO DATE MN/DOT $ 0 MILW. I�i $ 0 C�RRR $ 0 011-IERS: $0 TOTALS: $0 $0 FlRE MARSHAL'S T1ME FOR MONTH NSPE�TIONS IM/ESTIGATIONS REaN,SPECTbN � ADMINISTRATION SPECIAL PROJECI�S TOTAL 21 0 3 1.5 20 0.5 46 '. • �:- !� •- •;�. a1' � Firefighters responded to 26 emergency calls during th� month of December,1994. Calls inciuded medicals, aiarm calls, vehicle fires, and on a call involving a buming fuse bax in a residential home. Mendota Heights F'u� prided mutual aid to Inver Grrove Heights. We sto+�d by at their station while their firefighters battied a fire at Koch Refinery. : : ► ► !� The monthty deparnnent drill consisted of a written test on firefighting tactics and reviewed ice rescue tacdcs. The monthly squad drills dealt with SCBA training. F'u�efighters simulat�ed being trapped or canfined in a fire situadon. They then practic�d removing their SCBA t��nlcs whiie they still kept their masks in place. �1 ,_ � FIRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR DECEMBER 1994 CALLS FOR MONTH FIRE FIRE FIRE PERCENT CLEAN MONTHLY GEN OFFICER SQUAD SPEqAL 26 CALLS CALL CALLS ATTENDED UP DRILL MTG MTG DRILL ACT. } YEAR TO DATE ATT'D HOURS ATT'D THIS 1 2 2 2 2 ADM 269 MONTH MONTH YEAR YEAR HOURS HOURS HRS. HOURS HOURS HOURS HOURS HRS 78 ' Adrian, Ed 17 17.5 140 52% 1 2 2 2 Blaeser, Bret 22 22.5 184 68% 1 2 2 2 Brennan, Mike 12 12 40 51 % 1 2 2 2 Coates, Aaron 16 16.5 118 44% 1 2 2 2 1.5 Cann�lly, Marcus 13 13.5 105 39% 1 2 2 2 Coonan, Mike 14 14.5 106 39% 2 2 8 Dreelan, David 17 17.5 170 63% 1 2 2 Dre�lan, Paul 15 15.5 141 52% 1 2 2 2 ' Henning, Scott 23 23.5 220 82% 1 2 2 3.5 2 Husnik, Ted . 8 8 75 28% 1 2 2 Katzenmaier, Ron 16 16.5 43 55% 1 2 2 2 '� Kaufrnann, Mark 6 6 92 34% 1 2 2 Kilburg, Jim 15 15.5 140 52% 1 2 2 3.5 4 1.5 Kingsley, Roy 14 14.5 145 54% 2 2 2 3.5 2 1 Klarkowski, Walt 7 7 63 2346 2 2 La akko, Jahn 12 12 125 46% 2 2 2 2 Lerbs, Bill 19 19.5 165 61 % 4 2 2 2 Lerbs, Jamie 15 15.5 136 51 % 1 2 2 2 g '-we, George 13 13.5 178 66% 1 4 2 3.5 2 :zko, John 12 12.5 104 39% 2 2 3.5 Maczko, Mike 8 8 123 46% 2 2 2 4 McNamara, Randy 6 6.5 87 32% 2 2 Nelsan, Gerald, Jr. 21 21.5 188 70% 1 2 2 2 Neska, John 12 12.5 128 48% 1 2 2 Olund, Tam 7 7 85 32% 2 Oster, Tim 15 15.5 105 39% 1 2 2 2 Paton, Dave 13 13.5 31 40% 1 2 2 2 Perron Jim 16 ' 16.5 161 60% 1 2 2 3.5 2 Perron, Kevin 11 11 105 39% 1 2 2 2 Shields, Tom 11 11.5 104 39% 1 2 2 2 Skjerven, Gardy 14 14.5 153 57% 1 Z 2 2 Stein, Keith 21 21.5 204 76% 1 2 2 3.5 2 Stenhaug, Jeff 15 15.5 147 55% 1 2 2 2 Weinzettel, Tom 8 8 94 35% 1 2 2 2 Weisenburger, Ken 14 14.5 141 52% 1 2 2 2 Zwirn, Dick 11 11 102 38% 1 2 2 2 TOTAL FOR MONTH 502 TOTAL ATTENDED 34 30 32 7 28 0 5 TOTAL FOR YEAR 5173 TOTAL MAN HOURS 34 60 64 24.5 60 0 20 THIS MONTH LAST MONTH LAST YEAR THI MO RUNS/MAN 15.28 XXXXXXXXXX XXXXXXXXX _ _. MEN/RUN 18.81 16.95 13.45 AVE % FOR YEAR 51.67 50.91 51.09 CITY OF MENDOTA�HEIGHTS MEMO January 13, 1995 T0: Mayor, City Council and City Administr FROM: Lawrence E. Shaughnessy, Jr., Treasurer . SUBJFCT: Acceptance of Donation to the Mendota Heights Police Department �• DISCiJSSION Recently, a donation was received by the City. More specifically, the Vasatka Goers VFW Post #6690 has donated a sum of $200 to the Police Department for use in the DARE Program. Pursuant to Minnesota Statutes, all donations to the City must be formally accepted by the City Council. ACTION RSQIIIRED Council should make a motion to formally accept the $200 donation from the Vasatka Goers VFW Post #6690 to the Police Department for use in the DARE Program. In addition,'Council should direct staff to prepare and send an appropriate letter of thanks to the donor. LES:kkb CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council, City Adminis a FROM: Kathleen M. Swanson�/r'� City Clerk . SUBJECT: Annual Board of Review INFORMATION January 10, 1995 f� We have received notice from the Dakota County Assessor of the need to schedule the 1995 Boazd of Review meeting. The Assessor has suggested that the meeting be conducted at 7:00 p.m. on Tuesda.y, Apri14. Mr. Pulju's recommendation is consistent with Council's desire in past years to conduct the Review Board on the same evening as a regulazly scheduled Council meeting. � DISCUSSION Assistant Assessor Bill Peterson has informed us that residential valuations throughout the city will increase from 5% to 5.5%. This across-the-boazd increase may result in greater meeting attendance than has occurred in the past few years. It is anticipated, however, that many properiy owners will attend the county's open book meetings rather than the Board of Review. While the turn-out may be larger than in the recent past, half an hour should provide sufficient time both for the Assessor's presentation and his response to Council and general questions. There is adequate space available throughout City Hall for the Assessor's staff to meet individually with the property owners while the Council conducts the regular meeting in its Chambers. RECOMMENDATION I recommend that Council confirm the Assessor's recommended date and time for the Board of Review meeting. ACTION REOUIRED If Council concurs in the recommendation, it should pass a motion to schedule the 1995 Board of Review meeting for 7:00 p.m. on Tuesday, Apri14, 1995. i 1 1 i • :1 : TU: Mayar, City Council and City A FROM: John P. Maczka Fire Chief SUBJECT: Purchase af New Pagers DI,SCUSSIpN: January 11, 1994 f� In the 1995 budget pmcess, $2700,0{} was budgeied for the replacement of pagers. In the past two years the department has purchased Matorola pagers with five year wattanties and they ha.ve served the department well. We have been informed by our local Matomla deal.er that they are offering a$40 discaunt per pager if we arder prior t�o February 1, 1995. This would bring the cast of the pagers to $384.00 each, which includes a fi�ve year parts and labor wazranty. The dealer has also informed us that cost of the pagers will increase by $47.00 per pager in Max�h of 1995. ACTIUN P�E{}UIR�D: Authorize staff ta purchase seven (7} Motorala pagers at the price af $384.40 each plus tax. The total purcl�ase price being $2,862.72. The additional $162.'72 will be absorbed in the current budget. • ,, To: Fire Chief John Maczko From: Radio Committee Re: Purchase of new pagers Chief, the fire dept is currently in the third year of a six year pager replacement program, the radio committee recommends that we continue this program The motorola pagers that the fire dept has been upgrading to are state of the art and are serving the dept well.The current cost of the pagers are $424.00 each, this is also the price we paided last year. The local Motorola dealer has offered a$40.00 discount per pager if we order before February 1 st, 1995, bringing the cost to $384.00 each, including a 5 year warranty.The dealer had also informed that the base price of the pagers will increase $47.00 per pager in March of 1995. With this information in mind that the committee recommends that we purchases as many pagers as possible at this low price. Captian Keith Stein Dave Dreelan �� �,,,_.�� �,��","_ ��rnrv��.����] O� �Nt�! ��S CITY OF MENDOTA HEIGHTS MEMO January 12, 95 T0: Mayor, City Council and City Administ FROM: Guy Kullander, Parks Project Manager �� SUBJECT: T-Ball Fields at Public Works Facility �� BACRGRODND The Mendota Heights Athletic Association (MHAA) requested the Parks and Recreation Commission to consider developing the unused grass area east of the Public Works Facility into two small play fields for Coach Pitch T-Ball. The area in question is City owned and is approximately nine tenths (9/10) of an acre in size. In past years, the NhiAA has rented field space outside the City limits to accommodate the increasing number of participants in the T-Ball and softball programs. These two fields, it built, would help to alleviate pressure and demand on the fields used by the younger age brackets in our neighborhood parks. Field Desicrn For the 1995 ball season two backstops would be installed. The painted lines on the grass will be maintained by the parks crews to delineate foul and base lines. Following the first season of use, the park crews will remove turf as necessary at home plate and along the base lines and install ag-line materials in these locations. Signs will be installed on the backstop with rules for the use of the fields, specifically that only T-Ball using restricted flight balls will be allowed on these fields. No other improvements are planned for this location. Estimated cost for all above improvements should not exceed $3,500. Commission Review The Commission reviewed the request from MHAA and the estimated costs at their January 10, 1995 regular meeting. The Commission determined that this improvement would be a prudent addition to the City's mix of play fields and will serve the younger ball players in the community. The Commission vote was 5-0 to recommend that City Council authorize the above improvements to be fund by the Special Park Fund. ACTION RE4IIIRED If Council desires to accept the recommendation of the Parks and Recreation Commission to develop two T-Ball fields on the grass area east of the Public Works Facility, they should direct staff to proceed with the development of the fields. Total cost not to exceed $3,500 and funding to come from the Special Park Fund. GDK:kkb Attachments �I � To: Parks and Recreation Coznmissian From: Guy Kullander, Parks Project Manager Subject:� T-Ba21 Fields at Pub2ic Warks Maintenance Facility Use of the grass area east of the Public Works Ga=age for T-Ball fields wouid reguire the installation of two baekstaps� at a minimun. The grass could be maintained on a regular basi� as are the other city ball fields. Painted foul lines and staked bases should be adaquate for this leve2 of play. Estimatea cost for back staps, bases, �ield preperation would be approximaetly $2,540. ' Remaval of existing turf and instal3ation of ag-lime for base paths and batters boxes wauld add another.$1,000 to �he cost but would require aonsiderably more maintenance time and expense on the part of the park maintenance crews. RECOMMENDATI�N I recommend the commission consider only tha insta3lation of backstops and use of painted Iines for the first year. If the fields work out the installation of ag-lime could go ahead aftes the T-Bali seasan is aver. ACTION REQUIRED If the commission so desires they should determine a funding source recommandation and request council �o instruct staff ta prepare a plan to add two T�-Ball fi.elds on the unused grass area . east of the Pubiic Works Facility. � , Publia Warks � Maintenance' �,_ �. � Eaallity i . . � • t� i *s�'� ! i �.._�.�� ---1 1 � � � �., �! �w : � �� W2l�8T � � � i � � � � . � �"` '� - Tower ` � � �� ... _. �. ...` � � �`.►/ ��...._---� �'�•�' ( PARRING LOTt40-sa c�s� i . ` �w.� w �� � w� � r�r �rr�,r � wa�i �.����.� �rw. �r � � i i � •r����,s�i�w�r. � � • ( ( � y�,� a � I � � � �� I r ,,; �* � ! � ; 95 ft: 1 / ; 1 �; �1/• � � '' : •% ` ; . iiouse � ; �, i sii . ; t t � �..� _ _ �. .� •. ._ - �., � ! / 1 � •QOt � t t � 18Q ft. .....- ..--! � i t-------- -- -- - �, 1►pproxima�te L3n�tta af Play Fieid ; i ♦ '` � .. � _ � No Parkfng on Lextngton , _ � _ ^ i _ _ � + w ' � _ + _ � � I�exingtan Avenu$ . . _ _ __ --- - ----- ----_ _ .._, _._ � �_._.. � _.__.,._�._...._•___..-..�.. ....;,�.,�.......,�._._. � �POSSIBLE T—BALL' F=ELDS � LOCA�TED AT PUBLIC WC?RKS MAINTENANCE FACILITY 1 /5/95 Gl� � CITY OF MENDOTA HEIGHTS MEMO January 10, 1995 TO: Mayor, City Council, City A FROM: Kathleen M. Swanson City Clerk SUBJECT: Temporary Liquor License INFORMATION On Friday, March 3 and Saturday, Mazch 4, the Convent of the Visitation will hold its annual Merrie Market Auction at Visitation School. The Merrie Mazket representatives would like to offer beer and wine on Friday evening and a full bar and wine in conjunction with a catered tiinner on Saturday evening. The Auction Chair has request that the City authorize a temporary liquor license for the event. DISCUSSION In past yeazs, Council has granted temporary liquor licenses for the Merrie Market event. Issuance of temporary licenses, for a duration of no more than three days, is authorized by State Sta.tute. As in past years, Visitation will hire an off-duty Mendota Heights police officer to be present on both evenings of the event for safety reasons. Visitation will also provide proof of its insurance coverage. To my knowledge, no problems have ever occurred in connection with the sale of liquor at Visitation's Merrie Market event. RECOMMENDATION I recommend that Council authorize the issuance of a temporary on-sale liquor license, without license fee, to Visitation Convent for Mazch 3 and March 4, 1995 in connection with the Merrie Mazket Auction. ACTION REQUIRED If Council concurs in the recommendation, it should pass a motion authorizing the issuance of a temporary on-sale liquor license to Visitation Convent for March 3 and 4, 1995 in connection with the Merrie Market Auction, along with waiver of any license fee. CITY OF MENDOTA HEIGHTS MEMO January 5, 1994 T0: Mayor, City Council and City Administ FROM: Paul R. Berg, Code Enforcement Officer �� �• 8• SUBJECT: Sign Permits for Dakota Bank - 750 South Plaza•Drive { SignArt has submitted aign permits on behalf of Dakota Bank(formally Dakota County State Bank). The bank is changing its name and wishes to have their four (4) existing signs to reflect their new name (see site plan and photos of existing signs). DISCIISSION Two of the proposed signs (Sign Nos. 2& 3) are signs that were reviewed and approved by City Council in 1989 and 1990 through a variance procedure. The variances allowed two twenty-eight (28) square foot signs to be located at the west and east entrances of the bank adjacent to the north lot line (see site plan attached). The sign (Sign 1) on the north face of the bank building is 4 x 12 which equals 48 square feet. The B-1 Zoning District allows a maximum of 50 square feet per face. The off site sign (Sign 4) is 6'6" x 13'9" which contains 89.38 aquare feet. The B-4 Zoning District where this sign is located allows a maximum 100 square feet of sign surface. RECONIl�NDATION I recommend that Council approve the permits as requested to change the sign faces on the four existing signs reflecting the new name Dakota Bank. ACTION REQIIIRED If City Council wishes to implement the above recommendation to approve the requested sign permits, a motion should be passed authorizing staff to issue the four (4) sign permits to SignArt. PRB:kkb . i • yM 9 St���q G ... r t. , � � • . `4 . ..��y ' . s'o. �u�z,+q p2av{' —�-- � S tTE P L� lvr w. �yQ . '° . . rd �+ �a ' � � , , � � �� , . .• '����`,'�'..� a , � . ' . _._. .... . .. . _..._... .__ . ._.. _ .. ... __ ... .__ :.�: rv if: .. � ^ � $i}:xi. •:. r 4•• t %�. ': Ew;': Fu:. . ' : :�cF:' «�• . . , , PRoPasE.D S��tir ''1, . . • ;�rc-:. tim;.• _ . . : .:�.� . . : •. ; � • 4 . .� �.�44 �' �;`9:�`M r�Z?�it'e , ,+��y!��,• h...�:.�'.: : .{,t . . •• . • . .}��' � -1'4���'��. • . •.f : . . , • '�• .�A� ' . ' • � • . . _ . . . . . _ . . . _,� • .. • ��YS . � ' � � � � . � � � . ��r: DCISTING EXISTIV� .N,E. CoaNER a000 a� • �+'�0 5�,-w Pt.�z.a �a . 51GN �� ('�y�'/j�J"�AB:�Ef (.FACEONLY) 8�.3$ s •�. ,q..n''�Y.� � ., . "�'rR:' : .'" •.r'• . ' `L.�:''�' ` Y . -.:��:`'_•....:♦ . �.: :� . 'S::i��.� •'�'n�!'!:;,:-�';t:�ti�:W�" . .'. r _,' ,�', �`•.•`. ".'.�-�"'� �,"', , �t��'.. ..'�'. . � . . , ;ti •' i�:. :.�.:,. • . . . . , • .. . . . ..,. . � � " . • ' ' � . • • •_ WAi���GN�k � N r S�D � � � �'�� . `. f � 1����� _ � �. � � ~ � x ,-_ . - - [jI j�I,�'�CABINET ( FACE OPJLY) c' 4$ S•F. � � . � r� �DE �1Fli= L4Qv ' �� � ��lY.� ♦ I,obbyEntrance . DhVz•Llp � -� Te11er P SEGN# 3 4'x7� CABINET ( FACc CNC( ) ZgsF � � cusiov�_R siUri -rnE CUST,►AER �PI'�pVAL _ ;' � O.�I:OV� B/N.: f+llES � � � ' t� :pJ10Y SCALE LINDLORC AP''90VA1 . - ---•—• --�_. _._�—_. ' • � �.w�vr.sor.� ►�o►rc �(��� St�D� �1��.CE���1 ��4I�i"OT'.r� .�i9[l�i' A:SO :FRVNG YOtI /.T 2t09 7056Cah�l f 1425E. q'rflHoad (rwerGrove i Macrl _andAve. �9� iC�. � Pf�en Si�N � 2 4';4�CP.�1�lET ( FkCE ONLY ) Z $ S•F, � . ESIAAN DATE ? DlP.K v=ai�a tiU,�RNihG: r� b.h, �C� 1 �/J"J :.f. F ��n>'��1.'��r�:��:.iC� VJN BY REVIS=D • ....w�....ri. .....-: xtIM�M\� \�N��J�"N Z•IAM � � ��i�� �Kt� � $��.�04�� s��r� � 1 � �stsr ��v�►'��c�rc�� �t ��✓ �' 2- Lv4���r �'�7'R-��� �'��N .�3 �E��r'C�1�1: �'.�o�t�u'��1qE �ov�ru �La►z� l�e • ,�M� � 01� � � d • 'Sl�� #� �. CITY OF MENDOTA HEIGHTS January 1 , 1995 To: Mayor, City Council and City Admuris From: Kevin Batchelder, Administrative As�i� Subject: Park Commission Finding Supporting 7oint Planning of Recreational Facilities at Proposed Middle School in Mendota Heights. DISCUSSION ,�� At the request of Commissioner Linnell, the Parks and Recreation Commission discussed the possibility of adopting a resolution of support for Independent School District 197's proposed referendum for a Middle School at the Friendly Iiills site. Commissioner Li.nnell is a Co-Chair of a task force that has been working on the Middle School referendum. The Parks and Recreation Commission felt that it was not appropriate for their commission, as an advisory bady to City Couacil, to come out in support or opposition of the School District's proposed referendum. The Parks and Recreation Commission felt their role should be restricted to one of reviewing parks and/or recreation issues. In this vein, the Commission felt it was appropriate that the City share in the planning of any athletic fields, recreational facilities or gymnasiums that might be built at the Middle School, should the referendum be successful. The Commission felt that school grounds often provide opportunities for facilities that can serve the broader community and that there is a need in Mendota Heights for more fields and gym space. RECOIVIlVIENDATION The Parks and Recreation Commission voted 5-0 to establish the following finding: 1. Independent Schaol District 197 is proposing to build a new Middle School at the Friendly Hills site in the City of Mendota Heights; and 2. School sites often provide many opportunities for athletic fields and recreational facilities for use by the whole community; and 3. The youth athletic organizations within the community of Mendota Heights have repeatedly voiced a need for additional athletic fields and recreational facilities; aad 4. The City of Mendota Heights and Independent School District 197 have cooperated in the past to provide athletic fields and recreational facilities for the use of community residents; and 5. Past cooperation has proven beneficial for both adult and youth recreational participants; and ' 6. That joint planning of any potential athletic fields and recreational facilities would be beneficial to district residents; and 7. The Parks and Recreation Commission of the City of Mendota Heights would be interested in discussing the utilization of facilities by the broader community at the proposed Friendly Hills Middle School, should the future referendum be successful. r� ACTION REQUIRED There is no action required. This item is provided for your information. A CITY OF MENDOTA HEIGHTS i � a+ • January 13, 1994 TO: Mayor and City Council FROM: Tom Lawell, City Administ SIIBJECT: 1994 Pay Equity Report DISCIISSION In 1984 the State Legislature adopted the Local Government Pay Equity Act which ma.ndated that all units of local government review their personnel pay practices to insure that "reasonable compensation relationships" exist between comparable ma.le and female dominated work classes. In accordance with the State law, the City of Mendota Heights reported the results of its pay equity analysis in January 1992 and the State Department of Employee Relations (DOER) subsequently found that the City was in full compliance with the Pay Fquity Act. The Pay Equity Act also provides that local governments must resubmit to DO£R every three years a report which shows continued compliance with the Act. As such, our 1994 Pay Equity Implementation Report is due by January 31, 1995. Attached please find a completed copy of the report which was prepared in accordance with the instructions provided by DOER. RECOD�NDATION Since 1992 there have been no ma.jor changes in the City's personnel pay practices and therefore, I expect that the City will again be found to be in full compliance with the Pay Equity Act. The City is required by State Statue to submit the attached statistical information and I recommend that the Council approve the proposed report for submittal. ACTION REQIIIRED Council should adopt a motion approving the attached Pay Equity Implementation Report for submittal to the Minnesota Department of Employee Relations by January 31, 1995, and authorize the Mayor to sign the report as necessary. Minnesota Department of Employee Relatians Lerrdership rrrrcl �nrtriershiP i1t. hw��an ��esoc�rc�e martagenre��t November 17, 1994 TO: Local Govemment t�fficials City Clerk, Administrator ar Manager Superintendent of Schaols County Personnel Director or Auditor FR.OM: Bruce 3ohnson, Acting Commissioner ��� RE: PAY EQ�J�I'TY REPURT FORMS Thank yau for your previous cooperatian in meeting requirements to comply with the 1984 Lacal Government Pay Equity Act. I am pleased ta report that currently aver 95 percent af all Iocai govemment jurisdictions are in compliance with the Act, We have been warking with the remaining jurisdictions to help them came into camgliance. As you know, your jurisdiction was found to be in compliance based on your 1992 repart, and naw your ne�rt report is due January 31, 1995. This report must show data in place as of December 31, 1994. This packet contains the material you will need to file your 1995 Pay Equity Implementatian Report. {Only one-third af all jurisdictions are regarting in 1995, so your neighboring jurisdictioans may have other reporting dates.) This report is required by the Lacal Government Pay Equity Act, M.S. 471.991-4'71.999 and Minnesota Rules, Chapter 3920. The materials enclased a.re: ' . • Instructions for Completing the Pay Equity Impiementatian Report • Pay Equity Report Form (white) • Benefits Worksheet and Instr�ctions {green} • Salary Range Test Example/Exceptianal Service Pay Test Example (pink) • Definitions Sheet (blue) • Pay Equity Report "Notice" Form (yellow) Piease mail or hand deliver yaar repvrt to the Department of Empioyee Relations on ar befare January 31,1995. .Any reports not postmarked ar received by DOER on or before that date wili be found ou� of campliance. When the review of your repart is complete, you will receive a notice informing you whether your jurisdiction is "in compliance" or'but ofcompliance." Please be assured that yau will be informed promptly when this decision is made, and that no penalties or other negative consequences will occur bafare you receive that natice. Jurisdictions receiving an "aut of campliance" notice will have an opportunity to make adjustments and come inta compliance. However, any jurisdiction which does not came inta campliance within the time allotted by D4ER to make adjastments wili receive a second "out of compliance" natice �and will be subject to a penalty. The penalty is a 5 percent reductian in state aid payments or $104 per day, whichever is greater. 204 Cencenni<ll Office Bldg. • G58 Cedar St. • St. Paul, MN SS155-1G03 • Tl)D {612} 297-2QQ3 • Art e�fuul capj�orlunUr emt�to�•er r Page 2 November 17, 1994 As you can imagine, the department receives many requests for information. We ask that before you call us, you read the enclosed information carefully. You will find the answers to many of your questions. For urgent questions, you may call Faith Zwemke, the department's pay equity coordinator, at (612) 296-2653. If you are hearing impaired or deaf, please call our Telecommunications for the Deaf (TDD) line at (612) 297-2003. Please be patient if you call us and receive a recorded message. We will respond as soon as possible. Enclosures �ywort���nsa �� Send completed report to: c 0 vc _ o � � � U �� c am �� a c 0 `a v � z > 'a U � O m t. a o. Pay Equity Implementation Report Pay Equ'rty Coordinator Depafinent of Employee Relations 200 Centennlal Building 658 Cedar Street St. Paul. MN 55155-1603 (612) 296-2653 (voice) (612) 297-2003 (TDD) Name of Jurisdiclion � City � County � School � Other. Address 1101 Victoria Curve Contact Person M. Thomas Lawell � TF�e job evaluation system used measured skili, effort, responsibilily and woddng condttioru and the same system was used for ali classes of emplayees. Check the system used: ❑ State Job Match ❑ Designed Own (sP�Y) � ConsuitanYs System (specify) Control Data ❑ Other (sPecifY) � HeQtth tnsurance benefits for male and female c�asses of comparable value have been evaluated and: � There is no d►fference and female dasses are not clF a disadvantage. � fiere is a drfference and the mrndmum sc�laries reported ir�dude the monthly amount paid by the employer far heatlfi ir�surance. � Information tn tfiis reporF is complete and accurate. For Depariment Use Only Postmark Date of Repoi Jurisd'iction ID Number C�endota Heights I� I�3DT _ I�p55118 ��e � 612 � 452-1850 � Q No salary ranges/performance differences. r,� � Checic here only if both of the folbwing apply; other- wise. leave blank a. J��iscGction does not have a salary range for any job class. b. Upon request, j�risdiclion �nn71 suppy documentation showing tttat �nequities between male and female � dosses are due to pertormance differenoes. Note: Do not indude any documentation regarding pertormance wittt this form. 0 An official notice has been posted at City Hall - Bulletin Board ((�f0l1NI16nf IOCQ'1i011) �nforrning employees thatthe Pay Equily Irr�lementafion Report has been filed and is ava8able to employees upon requesfi. A copy of the notice has been sent to each exdusive representative, if any, and also to the pubGc Gbr�y. ihe report was approved by: City Council ovemng Charles E. Mertensotto Cchiefelectedoffic�al, pnnt) Q The report includes all classes of emplayees over (chiefelected offic� signafure) which the jurisdiction has final budgetary approval a��, Mayor 1/17/95 . Ctitle) (date) Result from Salary Range Worksheet Ua�y a H a`- 100 % is the result of average years to salary range mcocimum for male classes divided by the average years to salary range mcacimum for female classes. mc^ � T a cmi 0 0 o�a n. a � E o�. V U � O Wm�a y v Resufts from Exceptlona/ Servlce Pay Worksheet � 20°k or less of male classes receive ESP. � is the resuft of the percentage of female classes receiving ESP divided by ffie percentage of male classes receNing ESP. ��.� I S 1, 480 , 306 �{}�e annual payroll for tfie calendar year just ended December 31. (Part F on Back) City of Mendota Hei� (Name of Jurisdicrion) � 1101 Victoria Curve Mendota Heigh��, MN 55118 (Address) A Class Title 1. Custodian 2. Clerk Receprionist 3. Engineering Aide 4. Maintenance Worker I 5. Maintenance Worker II 6. Maintenance Worker III 7. Recreation Programmer 8. Secretary 9. Senior Secretary 10. Maintenance Leadperson 11. Mechanic 12. Police Officer 13. Accountant 14. Civil Engineer I 15. Engineering Technician 16. Police Sergeant 17. Senior Engineering Technician 18. Code Enforcement Officer 19. Administrative Assistant 20. Civil Engineer III 21. Public Works Superintendent 22. City Clerk 23. Police Chief 24. Director of Public Works 25. City Administrator PART F: Job Class Information B Number of Male Emnlo��ees 1 0 1 0 1 4 0 0 0 3 1 9 0 1 1 3 1 2 1 1 1 0 i 1 1 C9ntact Person Tom Lawell i����- -. : � C Number of Female Emnloyees 0 2 0 0 0 0 1 3 1 0 0 2 1 0 0 0 0 0 0 0 0 1 0 0 0 D Class Type M. F. B M F M M M F F F M M M F M M M M M M M M F M M M E Compazable Work Value (,Tob Pointsl 43 46 48 49 51 53 56 56 59 60 63 65 67 71 75 78 82 82 87 87 94 102 102 102 117 To convert hourly rate to monthly mul6ply rate 173.3 F Minimiun Monthly Salarv $ $1,404 $ 1,588 $ 1,733 $ 1,814 $ 2,236 $ 2,671 $ 1,980 $ 1,934 $ 2,032 $ 2,794 $ 2,794 $ 2,602 $ 2,299 $ 2,416 $ 2,601 $ 3,330 $ 2,801 $ 2,801 $ 3,017 $ 3,017 $ 3,249 $ 3,676 $ 3,676 $ 3,676 $ 4,873 G Maximum Monthly Salarv $ 1,404 $ 1,930 $ 1,733 $ 1,814 $ 2,236 $ 2,671 $ 1,980 $ 2,351 $ 2,470 $ 2,794 $ 2,794 $ 3,409 $ 2,795 $ 2,936 $ 3,162 $ 4,048 $ 3,405 $ 3,405 $"�: 3,667 $ 3,667 $ 3,949 $ 4,468 $ 4,641 $ 4,641 $ 4,873 H I Years # Yeazs To Qt Of � 'ce 4.5 3 � �! 3 3 3 3 3 3 3 3 3 3 3 3 3 J Exceprional Service Pav 0.5 Vacant All Yeaz 2 18 2 11 5 5 Longevity �: � CITY OF MENDOTA HEIGHTS MEMO January 12, 1994 TO: Mayor, City Council and City Ad '' tr FROM: James E. Danielson, . . . Public Works Director SUBJECT: Public Improvements for Kensington � DISCUSSION• The Kensington Planned Unit Development Developer's Agreement was executed between Centex Homes and the City on September 30, 1991 and provided for Centex Homes to install all the public improvements for their development. Upon completion of the work, City staff would perform a final inspection of the work and bring final approval and acceptance before the City Council for formal acceptance by resolution. This final acceptance begins the one year warranty period (from defects), but turns over the maintenance and repair duties to the City. RECOMI��NDATION: The City of Mendota. Heights and St. Paul Water Utility have performed final inspections of the public improvements for all of Kensington PUD, and with the exception of one slightly shallow fire hydrant lead, finds them to be acceptable. The developer has agreed in writing to lower the hydrant lead during the 1995 construction season. I recommend that the City accept the Kensington PUD public improvements for maintenance and repair purposes. ACTION REQUIRED: If Council desires to implement the recommendation, they should pass a motion adopting Resolution No. 95- , RESOLUTION APPROVING AND ACCEPTING THE KENSINGTON PUD PUBLIC IlVIPROVEMENTS. JED:dfw � CE HOMES � Ucsrgned (ortodc�u L3uilt (or lomorroiv. December 29, 1994 Jim Danielson Public Works Director City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Resolution Accepting Kensington P. U D. , Phase II Improvements Dear Jim: f� Per our telephone discussion, the City of Mendota Heights will proceed with the Resolution for Kensington P. U. D. , Phase II approving and accepting all of the developer improvements. As per the developer's agreement, the City shall be responsible for all maintenance and repairs after the acceptance of the Developer Improvements. ' The above mentioned resolution will not include the hydrant lead outlined in the December 13, 1994. letter from the Board of Water Commissioners to Tom Knuth. Centex Homes, in cooperaxion with our utiliry contractor and engineer, will work with the St. Paul Water Utiliry to obtain acceptance for the shallow hydrant lead. If repairs are needed, our utility contractor will perform them during the next construction season. Thank you for your cooperation. Sincerely, �_ . / � � � — an Gideon Assistant Land Development Manger r, cc: A1 Guenther, Nodland Construction Company Bob Payette, Sathre-Bergquist 12400 Whitewater Drive, Suite 120, Minnetonka, Minnesota 55343 = Builders License #1333 (612) 936-7833 FAX (612) 936-7839 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 95- RESOLUTION APPROVING AND ACCEPTING THE KENSINGTON PUD PUBLIC IlVIPROVEMENTS WHEREAS.the City of Mendota Heights and Centex Homes did on September 30, 1991, enter into a Developer's Agreement whereby Centex Homes would design and install the public improvements for their development; and � WHEREAS.-upon completion of the installation of these improvements the City would conduct a final inspection of those improvements and report the results of that inspection to the City Council; and WHEREAS.1VIendota. Heights Engineering staff along with St. Paul Water Utility staff have now conducted the required final inspections; and WHEREAS.only one default remains to be corrected and Centex Homes has agreed in writing to correct that default next construction season (1995). NOW THEREFORE.-$E IT RESOLVED that the City Council of the City of Mendota Heights does approve and accept the Kensington PUD public improvements and agree to begin City maintenance and repair of the same subject to a one yeaz warranty of defects. Adopted by the Mendota Heights City Council this 17th day of 7anuary, 1995. CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk f 1 i i :1 : �- TO: Mayor, Gity Cauncil and City Admini tr FROM: 7arnes E. Danielson, Public Works Director- - ' SUBJECT: Babst Fina1 Plat DISCUSSIUIV: J'anuary 12, 1994 �� The Bobsts, 676 Callaha.n Place, received preliminary g2at approval from City Council an September 23, 1993, ta subdivide their large single faxnily lot and create a new flag lot in their rear yard. The Bobsis have now submitted a final plai for approval {see attached). The preliminary plat was approved subject to the following conditions: l. That appropriate easements be incorporated within the plat. This canditian has been satisfied. 2. That the location of the new house to be cansmucted an the flag lot be consistent with the lacation shown an the preliminary plat. The Bobsts do not pian to canstruct a new home on this lat immediately, so staffwill have to insure compliance of this requirement at the time house plans are submitted. 3. That Mr. �Villiam Knaus, the Bobsts neighbor to the north, and whose lot is contributing a strip af land to the plat, sign the p1at. This requirement was established to ensure that the City knew that Mr, Knaus consented to the plat and that Mr. Knaus' mortgager was willing to grant partial release of his lot. The Bobsts would prefer to handle this land transaction separate and not have Mr. Knaus sign the plat. They ask that they be able to acquire Mr. Knaus' Iand by means of a sepa.rate deed. They would also obtain written confirmation from Mr. Kt�aus' mortgager that they are in agreement with the proposal. The Bobst also need to pay a$754 park dedication fee and a$6,877.50 utility connection charge (see attached} prior to execution of the final plai by the City. � RECOMMENDATION: Subject to the City agreeing to amend condition three and allow the Bobsts to handle the land transaction with their neighbor to the north by means of a separate deed and subject to receipt of a park dedication fee and utility connection charge, I recommend that the final plat be approved as prepared. ' ACTION REQUIRED• If Council desires to implement the recommendation, they should pass a motion adopting Resolution No. 95- , RESOLUTION APPROVING FINAL PLAT FOR BOBST ADDITION, subject to receipt of a copy of a deed and letter from the mortgager of the property owner to the north and payment of the pazk dedication fee and utility connection charge. f� JED:dfw 9-27-93 Assessment / Connection�Charges for Bobst No street charges No storm Sewer charges Sanitary Sewer - Job #6942 @ 7�, certified 10-5-71, $13.00 per ft 22 years x 7� = 154$ + 100� = 254� '- 125' x $13.00 = $1,625.00•x 2.54�= $4,127.50 Water Main - Job #6649 @ 7�, certified 10-1-68,�$8.00 pe.r ft 25 years x 7� =175� + 100$ = 275$ i25' x $8.00 =$1,000.00 x 2.75 = $2,750.00 Sewer..... $ 4,127.50 Water..... $ 2,750.00 Park...... $ 750.00 $ 7,627.50 Does not include SAC and WAC v,��'`� - � City of Mendota Heights Dakota Counry, Minnesota RESOLUTION NO. 95- RESOLUTION APPROVING FINAL PLAT FOR � BOBST ADDITION WHEREAS, a final plat for Bobst Addition has heen submitted to the Council; and W�REAS, the City Council has reviewed said fmal plat. NOW THEREFORE IT IS HEREBY RESOLVED, by the City Council of the City of Mendota Heights, Minnesota, as follows: �" 1. That the final plat of Bobst Addition submitted at this meeting is hereby approved. 2. That the appropriate City officials be and they are hereby authorized to execute the final plat on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 17th day of January, 1995. CITY COUNCIL CTTY OF MENDOTA HEIGHTS �� AZTEST: Kathleen M. Swanson City Clerk Chazles E. Mertensotto, Mayor J r � t . CITY OF MENDOTA HEIGHTS - . �f'��1�L�7 January 12, 1995 T0: Mayor, City Council and City Administr t FROM: Lawrence F. Shaughnessy, Jr., Treasurer SUBJECT: Northland Drive Partners x• DISCIISSION At our Council meeting of September 20, the Council gave preliminary approval of a Tax Increment Redevelopment Program for Northland Drive Partners. The project, as proposed, was for installation of a required sprinkler system in the building as well as retaining wall reconstruction, tuckpointing and painting of the building, a berm construction along Northland Drive, re-signage and parking lot repairs. Under the agreement, the District will pay for one half of the sprinkler system initially, and one half of each of the redevelopment phases as they are completed.� ' Upon completion of the entire project, the District will reimburse the partnership for the second half of the sprinkler system. The Agreement between the partnership and the City is attached as drafted by Attorney Tom Hart. ACTION RE4IIIRED Review the Agreement and if acceptable, authorize signature by the Mayor and Clerk. LES:kkb JAN-13-95 FRI 13�35 WINTHROP & WEINSTINE, PR FAX N0, 6122929347 CONTRACT FOR PRIVATE DEVELOPMENT � i. THIS CONTRACT FOR PRIVATE DE'VELOPMENT ("AGREEMENT"), macle on or as of the day of December, 1994, by and between THE CITY OF MENDOTA FiEIGHTS (the "City"}, a statutory city of the State of Minnesota, having its principal offices at 1101 Victoria Curve, Mendota. Heights, Minnesota 55118 and Northland Partners, a Minnesota pattnership (the "Developer"), with its principal office at 2506 Northland Drive, Mendota Heights, Minnesota 55120. � WITNESSET�H: WHEREAS, the City is a statutory city of the fourth class organized and existing pursua�it to the Constitution and laws of the State of Minnesota and is governe� by the City Council (the "Council") of the City; and WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Chapter 273, as amended and recodified (the "Act"), the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and V'VHEREAS, pursuant to the Minnesota Tax Inerement Financing Act, Minnesota Stututes, Seedons 469.174 et. seq, {the °Tax Increment Act"), as amended, the Council is authoriz�d to finance the capital and administration costs of a development district with tax increment revenues derived from a tax irtcremenE financing district established within such development district; and WHEREAS, the Council adopted the Development Program (the "Developmcnt Plan") on May 5, 1981 creating Development District Number 1(the "Development Distriet") pursuant to the Act; and WHEREAS, in connection with the Development Plan the Council has established a tax increment financing district pursuant to th� Tax Increment Act {the "Tax Increment District"); and VYHEREAS, the City bclieves that the development of the Development District pursuant to this Agteemern, and fulfillment generally of the terms of this Agreement, aze in the best interests of the City and the health, safety, morals and welfaze of its residents, and in accard with the public purposes and provisions of applicable federal, state and Iocal laws under whieh the Development Plan is being undertaken and assisted; NOW, T�iEREFORE, in consideration of the foregoing premises and the mutual promises, representations and undertakings of the parties hereto, each of them daes hereby covenant and agree with the other as follows: JAN-13-95 FRI 13;36 WINTHROP & WEINSTINE, PA FAX N0. 6122929347 P,07 ARTICLE I. �EFAVITIONS Section 1.1. DeEinitions. When used in this Agreement the following terms shall have the meanings specified in this Article I. Each definition or pronoun herein shall be deemed to refer % the singular, plural, masculine, feminine or neuter as the context requires. Words such as "herein " "hereinafter " "hereof " "hereto " and "hereunder " when used in reference to this � , . . , Agreement, refer to this Agreement as a whole, unless the context requires otherwise; "Act" means the Municipal Development Districts Act, Minnesota Sta�utes, Chapter 273 as amended and recodified. "Actual Knowledge" means, with tespect to any representation made herein, the awareness of facts �or information, or the absence of facts or informadon, by a natural person, or, in the case of a legal entity, any officer of such entity. For purposes of this Agreement, Actt�al Knowledge shall include any facts discoverable by any person in the exercise of reasonable diligence. "Agreement" means this Contract for Private Development, as the same may be from time to time modified, amended, or supplemented. "City" means the City of Mendota Heights, Minnesota. "Construction Pians" means the plans, specificaaons, drawings and documents related to the Development Property and the construction work to be performed by the Developer on the Development Property. "Couneil" means the elected city council af the City. "County" means the County of Dakota, State of Minnesota. "Developer" means Northland Partners, a Minnesota partnership. "Development District" means Developinent District Number 1 created by the City pursuant to the Development Plan. "Dcveiopment Plan" means the Development Program for Development District Number 1 adopted by the Council on May 5, 1981, as the same has been and may hereafter be amended, "Developmeni Property" means the real property legally described on Exhibit A attached hereto and incorparated herein. "Event of Defauit�' means an action or occurrence described in Section 7.1 of this Agreement. "Minimum Improvements" means the rehabilitation of the Development Property in accordance with the Construction Plans. JAN-13-95 FRI 13;37 WINTHROP & WEINSTINE, PR FAX N0, 6122929347 P,08 ,� "Permitted Traasfer" means any conveyance or disposition of the Development Property or the Developer which is excepted from the definition of Transfer set forth in this Article. "Preliminary Development Plan" shail mean, collectively, the Construction Plans and all other writings, drawings illustrations or other artistic renderings, applications, agreements or other documents submitted to and approved by the City in connection with this Agreeinent and/or the Project. "Project" means the rehabilitation of the Development Property in accordance with the Construction Plans. . "Reimbursable Costs" means the Project costs for which the City is partially reimbursing the Developer pursuant to this Agreement, as set forth on Exhibit B attached hereto and. incorporated herein. "State" means the Sta.te of Minnesota. "Tax Increment" means that portion of the real estate taxes paid with respect to the Development Property which is remitted to the City as tax increment pursuant to the Tax Increment Act. "Tax Inerement Ac�" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174-4b9.179, as amended. "Tau Increment District" means Tax Increment Financing District Number 1 created and amended by the City pursuant to the Tax Increment Plan adopted in connection with the Development Ptan. "Tax Increment Ptan" means the Tax Increment Financing Plan adopted by the City on May S, 1981, in connection with the creation of the Tax Increment District, as the same has been or may he amended from time to time. "Tax Official" means any City or county assessor; County auditor; City, County ot State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Transfer" means any cessadon of possession of the Development Property or the Minimum improvements by the Developer for any reason. "Unavoidable Deiays" means delays which are the direct result of strikes, shortages of materials, war or civil commotion, delays which are the direct result of unforeseeable and unavoidable casualties to the Minimum Impravements, the Development Property or the equipment used to construct the Minimum Improvements, detays which are the direct result of governmental action or inacdon beyond the control of Developer, delays which are the direct result of judicial action commenced by third parties, citizen opposition or action affecting the Projeet or adverse weather conditions, or to any other cause or action bcyond the rea,sonable control of the party seeking to be excased as a result of its occurrence. -3- JAN-13-95 FRI 13;37 WINTHROP & WEINSTINE; PA FAX N0, 6122929347 P,09 ARTICLE II. �EPRESENTATIONS AND WARRANTIES Sectian 2.1. Representations by the_City. The City makes the following representations as the basis for the undertaking on its part herein contained: a. Status of Citv. The City is a statutory city of the State with a11 the powers of a s�atutory city of the fourth class duly organized and existing under the Iaws of the State. Under the provisions of the Act and any other applicable laws, th8 City has the power to enter into this Agreement and carry out its obligations hereunder. b. Compliance with Laws. The City has created, adopted and ,approved the Development Distriet, the Development Plan, and Tax Increment District in accordance with the respecdve terms of the Act and the Tax Increment Act, and the same remain in full force and effect. c. No Warraniy as ta Development Property. Except as spccifically provided herein, the City makes no representadon, guaranty or warranty, either express or implied, as to any matter, including specifically, but without limitation of the generality of ihe foregoing, (i) the state of title to or the condidon of the Development Property, (ii} the suitability of the Development Property for the Developer's purposes or needs, or (iii) the economic feasibility of the Project. Section 2.2. Representations. Covenants and Warranties by the Developer. The Develoger represents and wazrants that: a. �ood Standing, Developer is a general parmership duly organized, validly existing and in good standing under and pursuartit to the Iaws of the State of Minnesota and has full power and authority to enter into and perform its obligations under this Agreement and the transactions contemplated hereby. b. h ri . This Agreement has been duly and validly executed and delivered by Developer and constitutes the valid and binding obligation of Developer according to its terms, enforceable against Developer except as the enforcement thereof may be limited by bankruptcy and other laws of general application relating to creditors' rights or general principles of equity. The execution of this Agreement by Developer has been duly authorized by the appropriate officers of Developer, and no farther action is required for the performance by Developer of its obiigations hereunder, c. Consents. Except as disclosed in this Agreement, no consent, appraval, order, authorization, registradon, declaration, filing, waiver or nodce to any government entity or third party is required or necessary to be obta.ined by Dev�loper in connecdon with the execution, delivery and performance of this Agreement. d. No Viotation. Neither the executian and delivery of this Agreement, the consummation of the transactions contemplated hereby, the acquisirion, constn�ction -4- JAN-13-95 FRI 13:38 WINTHROP & WEINSTINE, PA FAX N0, 6122929347 P, 10 ` and development of the Development Property, nor the fulfillment of or compliance with the tenns and condidons of this Agreement is prevented, limited by or conflict with or result in a breach of, the terms, condidons or provisions or any corporate restricrion or any evidences of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing, e. Titie. Subject to the provisions of Section 6.2 (Consequences of Transfer}, the Developer is and shall be the owner of the Development Property. Except for matters disclosed in this Agreement, there are no pending or threatened claims,• lawsuits, or disputes with respect to the Dcvelopment Property or Developer's ownership thereof. f. Compliance with Laws. The Deveioper shall operate and maintain,the Minimum Improvements in all material aspects in accordance with the terms of this Agreement, the Development Ptan and all applicable lacal, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and pubiic health laws and regulations). , g. Energv_ _ Conservation. The Developer shall construct the Minimum Improvements in accordance wicit aIl applicable local, state or federal energy-conservadon laws or reguladons. h. Permits and Licenses. Subject to Unavoidable Delays, the Developer shall obtain, in a timely manner, all required permits, reviews, clearances, ,licenses and approvals, and wi11 meet, in a timely manner, the requirements of aIl applicable local, state and federal laws and regulations which must be oUtaincd or met before the Minimum Improvements may be lawfully constructed. i. Cast of Minimum_Improvements. The Developer covenants that the cost of the Minimum Improvements ta be completed on the Development Property shall be not less than $ . j. Neces�i.t,y of Assi�fan�e. The Developer aclmowledgcs, represents and agrees that, but for the assistance provided by the City under the Agreement, it would not be able to undertake the Project within the foreseeable future. k. nin , The Minimum Improvements, as of the date of this Agreement, are a permitted use under the provisions of the zoning ordinance of the City applicable to the Development Property. 1. I�azardous Waste. No asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products or o�her pollutants, contaminants, ehemicals, materials or substances defined as "hazardous waste," "hazardous substance," "hazardous constituent," "solid waste,° or "toxic substance" {all of the foregoing are zeferred to collectiveiy hereinafter as "Hazardous Materials") the release or dispc�sal of which is regulated by any federal, state or local statute, regulation, order, treaty, code, -5- JR�-13-95 FRI 13;39 WINTHROP & WEINSTINE, PR FAX N0, 6122929347 P, 11 pubiication or ordinance (or any amendment thereto) related to human health or the environment including, without limitadon, any Iaw, regulation or ordinance concerning the protection and preservation of natural resources, air, water, naise or soil pollution or contamination, or Hazardous Materials use, generation, storage or disposal, ("Environmental Law") are, to the best of Developer's Actual Knowledge� located on, in, about or under the Development Property, and, to the best of Developer's Actual Knowledge, none of Development Property has ever been utilized for the storage, manufacture, disposal, handiing� transportation or use of any Hazardous Materials, m. Materiats Permi . All permits, licenses and similar author�zations and approvals necessary or required under all Bnvironmental Laws, including those for any Hazardous Materiais stored, used or manufactured within or on the Development Property have, to the best of Developer's Actual Knowledge, been obtained, aze being complied with and are in full force and effect, and the Developer has complied with all other reporting, filing and other reqairements under the Environmental Laws. n. Na Environmental PraceedinQs. T�iere aze no existing, proposed, threatened, or pending invcstigations, administrative proceedings, litigation, regulatory heari.ngs or other actions concerning any the DeveIopment Property and alleging noncompliance with or violation of ar�y Environmental Law or reIating to any required environmental permits or licenses. o. No Environmental Licting. No portion of the Development Property is listed in the United States Environmental Protection Agency's National Priorities List of Haaardous Waste Sites nor any other list, schedule, log, inventory or record of hazardous waste sites ma.inta.ined by any federal, state or local agency. p. �o Required Testing. The Developer has not received any writ�en notifcation from any city, county, state or federal governmental authority, agency or instrumentality requiring any work or testing to be done on or about the Development Property. q. Disclocare, No representation or wananty of Developer in this Agreement and no statement contained in this Agreement or in any document delivered or to be delivered pursuant hereto contains or will contain an untrue statement of material fact or omits or will omit to state any material fact necessary to make the sta.tements herein or therein contained, in light of the circumstances under which made, not misleading; it being understood that as used in this subparagraph "rnaterial" means material to any individual statement or omission and in the aggregate as to alI statements and omissions. All reports and invesdgations commissioned or otherwise received by the Developer concerning the Development Property and relating to Hazardous Materials have been disclosed to the City. r. Re[iance. The foregoing representations, warranties and covenants are made by Developer with the knowledge and expectation that the City is relying thereon, � JAN-13-95 FRI 13:40 WINTHROP & WEINSTINE, PR FAX N0, 6122929347 P,12 ' s. urvival. 1'he foregoing representations, warran[ies and covenants, together with any and all other representations, warrandes and covenants contained in this Agreement, shall survive consummation of the transactions contemplated by this Agreement. ARTICLE ILt. UNDERTAKINGS OF CITY AND DEVELOPER Seclion 3.1. Place of Document Executi�n, Delivery and Recording. Unless otherwise mutually agre�ed by thc City and the Developer, the execudon and delivery of aIl documents and payment of any amounts due hereunder sha11 be made at the offices of the City. �� Section 3.2. eimbursable Costs. Upon application by Developer in the form requircd by the City, and the submission of lien waivers for atl contractors arid sabcontxactors for completion of the Minimum Improvements, the City shall pay and reimburse the Developer for the lesser of (a} fifty percent (50°10} of the actual amount of Reimbursable Costs (as set forth on Exhi i �J actually incurred by the Developer in connection with the Minimum Improvements and (b) the sum of One Hundred Forty-Five Thousand and 00/100 Dollars ($145,004.00). Section 3.3. Puhlic Costs, The City and the Developer hereby stipulate and agree that the assistance provided pursuant to this Agreement is intended to reimburse the Developer for the Reimbursable Costs (or portions th�reo fl list�d on Exhibit B attached hereto, and that such assistance is in furtherance of the purposes of the Devclopment Plan, the Act, the Tax Increment Aet, and/or necessitated by the unique characteristics of the Devclopment Property, its proximity to the Minneapolis/St. Paul International Airpart, and/or the topography of the Development Property sit�, Subject to all other terms and conditions set forth t�erein, the City agrees to pay to the Developer one-half of the amount of each line item on Exhibit B hereto uport completion of ti�at pordon of the Project described at said line item. The balance shall be held by the City or its designated escrow agent pendirig, and to secure final completion of the Minimum Improvements and will be disbursed to the Developer at the time of confirmation by the City of such final completion. Sectioa 3.4. Conditions to City's Reimbursement Obligation. In connection with performance by the City with respect to its other obligations pursuant to this Agreement, and as a condition precedent thereta, the City may, in its sole discrerion, require the Developer to (i} submit evidence of compliance by the Developer with the terms and conditions of this Agreement, (ii) provide an opinion of counsel acceptable to the City that the financial assistance provided hereunder is a permissible expenditure of. funds pursuant to the Act and the Tax Increment Act� and (iii) pay the City's expenses of counsel in connection with the preparation, execution, and filing of this Agreement. -7- JAN-13-95 FRI 13�41 WINTHROP & WEINSTINE, PA � FAX N0, 6122929347 ARTICLE IV. �QNSTRU�TION OF MINYMYTM IMPROYEMENTS P,13 Section 4.1. Construction of Mini�num Improvements. The Developer agrees that it will construct the Minimum Improvements on the Development Property in accordance with the approved Preliminary Development Plan. Section 4.2. Preliminary Development Plan. Prior to commencement of construction of the Minimum Improvements, the Developer shall submit the Pteliminazy Development Plan to the City for approval. The Preliminary Development Plan shall be consistent in all respects with any description of the Project provided to the Councii by the Developer in connection with the Developer's request for assistance provided pursuant to this Agreement. 'The City inay reject the Preliminary Development Plan, or request changes thereto� in its sole discretion. a. Approva! of Preliminary Development Pian. The City's performance hereunder is canditioned upon and subject in its endrety to its review and approval of the Preliminary Development Plan, and upon compliance by the Developer with all applicable laws and satisfaction of all City requirements (including planning and zoning, building codes, etc.} for projects of this nature. b. Changes in �lans. If the Developer desires to make any material change in the Preliminary Development Plan, the Developer shall submit the proposed change to the City for its approval. The Developer acknowledges that upon entering this Agreement, the City in no way waives its right of final approval of materials and submissions required herein, including, but not limited to, fioal Construction Plans, and the City expressly reserves its right to deny approval of any plans and permits should the Developer fail to proceed in accordance with this Agreement and/or fail to perform in total compliance with the obligations herein and the requirements of the City's Zoning Ordinance and City's Subdivision Ordinance and other applicable City codes and ordinances affecting the Construction Plans andlor the Development Property. c. Effect of City Approvai, Except as specifically provided in writing by the City or any department or official thereof for the specific, limited purpose of s�ch writing, the approval of the Preliminary Development PIan (or any amendments thereto) by the City or the Council shall not constitute a representation or warranty that such plans, the Minimum Improvements, or the Development Property comply with any applicable building code, health or safety regulation, environmental law, or other law or regulation, or that the Minimum Improvements will meet the qualifications for issuance of a certificate of accupancy. Approvai of the Developer's plans by the City or any department or offscial thereof shall not constitute a waiver by the City of any Event of Default occurring hereunder. Seciian 4.3. Campletion of Consin�ction. Subject to Unavoidable Dclays, the Developer shall achieve final completion of the construction of the Minimnm Improvements on or before December 31, 1997. All work with respect to the Minimum Improvements to be constructed or provided by the Developer on the bevelopment Property shall be done in a good and �� JAN-13-95 FRI 13:42 WINTHROP & WEINSTINE, PA FAX N0, 6122929347 P,14 � workmanlike manner with quality materiais and in strict compliance with the Preliininary Development Plan as submitted by the Developer and approved by the City. Developer hereby grants the City reasonable access to the Development Property and the Minimum Improvements. The Developer agrees for itself, its successors and assigns, and every successor in interest to Che Development Property, or any part thereof, that the Developer, and such successors and assigns, shall diligently prosecute to complefion the development of the DeveIopment Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be completed within the period specified in this section. During construction of the Minimum Improvements, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the City, as to the actual progress of the Developer with respecct to such construction. f� Section 4.4. Comgietion of Minimum Imnrovements. a. Notification of Citv, The Developer will notify the City when constructian of the Minimum Improvements has been completed, The City shall have the right, but not the obligation, to inspect the Development Property andlor the Minimum Improvements upon notice of completion from the Developer. Inspection of the Development Property by the City shall not constitute a representatian or warranty by the City that the Development Property ot the Minimum Ymprovements comply with any applicable building code, health or safety regvlation, zoning regulation, environmentat law, that the Minimum Improvements will qualify for a certificate of occupancy, or that the Minimum Improvements will meet the requirements of Developer or any other user of the Minimum Improvements, b. Notice of Defects. If the City shall f nd the state of the Minimum Improvements or Developer's documentary evidence thereof unacceptable, the City shall, within ten (10) days after written request by the Developer, provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to eomplete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order to remedy any such condition. Section 4:5. AdditionRl Responsibilities of Developer. a. Maintenance of Public Easements, The Developer will not construct any building, structure, or improvement on, over, or within the boundary lines of any public udlity easement unless such construction is provided for in such easeinent or has been approvec3 by the ukility involveti. b. U�ilitv Instaliateon. Developer shall be responsible for the full and prompt payment of all utility access charges with respect to the Minimum Improvements (including SAC and WAC}. Developer shall further bear the cost of the relocation of any existing public or private utilities which may ba caused or necessitated by the construction of the Minimum Improvements, � JAN-13-95 FRI 13;42 WINTHROP & WEINSTINE, PA FAX N0, 6122929347� P,15 c. Repair of Public Facilities. Developer shall, at its sole cost and expense, teplace any public facilities or public utilities damaged in connection with the construction of the Minimum Improvements in accordance with the technical specifications, standaYds and practices of the owner thereof. ARTICLE V. INSURANCE Sectioa 5.1. Durir� ev lopment. The Developer shall provide and maintain� at all dmes during the process of constructing the Minimum Improvements for the benefit of the Developer atid the City and, from time to Nme at the request of the City, furnish the City with proof of payment of premiums on: ,� a. Bi�iider's Risk. Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Yalue Basis," in an amount equal to one hundred percent {100%) of the replacement value of the Minimum Improvements as of the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. b. General_Liabilitv, Comprehensive general liability insurance (incinding ]iabiiity arising from operations, conringent liability, operations of subcontractors, completed operations and contractua] liability insurance) tobether with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $3,000,000 for each occurrence (to accomplish the abov�-required limits, an umbrella excess liability palicy may be used). c. Worker's Compensation. Worker's compensation insurance, with statutory coverage. Sectioe 5.2. Other Tern�s. All insurance required pursuant to this Article shall be taken out and maintaine� with insurance companies reasonably acceptable to the City and authorized under the laws oF the State to assume the risks covered thereby. The Developer will deiiver to the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in full force and effect. ARTICLE VI. PROHIBITIONS AGAINST ASSIGNMF..NT AND TRANSFF.R Section 6.1. Identity of Dev_eiaper. The Developer recognizes that, in view of (a) the importance of the development of the Development Property to the general weifare of the City and (b) the substantial financing and other public aids that have been made available by the City for the purpose of making such development possible, the qualifications and identity of the Dcveloper is of particular concern to the community and the City. The Develaper further recognizes that it is because of such qualifications and identity that the Ci[y is entering into the Agreement with the Developer, and, in so doing, is further willing to accept and rely on the -10- JAN-13-95 FRI 13:43 WINTHROP & WEINSTINE, PA FAX N0. 6122929347 P,16 ' obligations of the Developer for the faithful performance of all undertakings and covenants hereby by the Developer to be performed. Section 6.2. Limitati�ns on Transfer. Except as specifically provided in this Agreement, Developer shall not sell, assign, convey, lease or transfer (i) this Agreement, (ii) the Development Property, or (iu) the Minimum Improvements, without the prior written consent of the City, which consent shall specificaily reference this provision. Section 6.3. CorLsequences of Transfer. For the reasons stated in Secfion 6.1 {Idenrity of Developer) hereof, the Developer represents and agrees that: • �. No Transfers. fixcept for Perntitted Transfers, or by way of security for, and only for, the purpose of obtaining financing to assist or enable the �eveloper to perform its obligations with respect to constructing the Minimttm Improvements under the Agreement, and any o�her purpose authorized by the Agreement, the Developer has not made or created, and will not make or create or suffer to be made or created, any Transfer of the Dcvelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same. b. Cor�seqnences af Transfer. No Transfer of the Development Property shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from the Agreement with respect to the Development Property and the construction of the Minin�um Improvements that the City would have had, had there been no such transfer or change. No Transfer shall be deemed to relieve the Developer, or any other party bound in any way by the Agreement or otherwise with respe�t ta the construction of the Minimum Impravements, from any of its obligarions with respect thereto or from any of its other obligations under this Agreement. c. Cessation _ of City Obligations, Any Transfer of the Development Property, other than a Permitted TYansfer, shali relieve the City of any and all obligations under this Agreement. d. No Restriction on Sale. Nothing in this Section shall constitute a restraint on alienation or prohibition with respect to the conveyance of the Development Property. Sectioa 6.4. Perrnitted Financin�s. Nothing herein shall prohibit or prevent the Developer from encumbering the Development Property in order to obtain suitable, bona fide financing in eonnection with the development, construction, ownership, expansion or restoration of the Development Property or the Minimum Improvements. Section 6.5. No Assignmen�. Bxcept as provided in this Article, this Agreement and the rights, duties and obligations of the Developer hereunder shall not be assigned, conveyed, or ttansferred, and any purported transfer in vioIation of this provision shall be null, void, and of no effect. -11- JAN-13-95 FRI 13�44 WINTHROP & WEINSTINE, PA FAX N0, 6122929347 P,17 ARTICLE YII. EVENTS 4F DEFAULT; RENtEDIFS Sectioa 7.1. Event of Default. The term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides): a. Failure of Timely Completion, Failure by the Developer to complete the Development Property on or before the date specified in Section 4.3 (Completion of Construcdon) in conformance with the terms, conditions, and limitarions of this Agreement; b. �reach of DeveIoper Obiigations. Faiiure by the DeveIoper to observe or perform any covenant, condidon, obligation, or agreement on its part to be observed or performed under this Agreement and the continuance oP such failure for ten (10) days after written notice thereof from the City; or c. �ankruptcy of Devefoper. A petition of, or claim for relief in, bankruptcy or insolvency is filed pursuant to any current or future bankruptcy or insolvency laws naming the Developer as debtor, and such petition is not disinissed within ninety (90) days of the date of filing thereof. Section 7.Z. Remedi�s on Default. Whenever any Event of Dcfault occurs, in addition to all other remedies available to thc Ciiy at law or in equity or elsewhere in this Agreement, th� City may take any one or more of the following actions: a. Suspension of Performance. The City may suspend its perfonnance under this Agreement until it receives adequate assurances from Developer that Developer will cure the Event of Default and thereaf%r remain in campliance with its obligations under this Agreenlent and all related or collateral agreements with the City. b. Termination of Agreement. The City may terminate this Agreement, cease any and all p�rformance under this Agreement, and pursue all available remedies, c. �uit for Darr�ages. The City may initiate an action seelflng damages, specific performance, or any other relief available at law or in equity, other than and except for the remedy of specific performance. The parties hereby agree that all costs, direct or indirect, paid or incurred by the City in connectioa with this Agreement or the Project, including without limitation all sums advanced to or for the benefit of the Developer hereunder and the costs of pursuing the City's remedies hereunder, shall constitute damages of the City for purpc�ses hereof. Section ?.3. No Remedy Exciusive. No remedy herein conferred upon or reserved to the parties is intended to be exclusive of any other ava.ilable remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement, whether now or hereafter exisNng at Iaw or in equity or by statute. No delay or omission to exercise any right or power accruing upon any defavlt shatl impair any such right -12- JAN-13-95 FRI 13;45 WINTHROP & WEINSTINE, PA FAX N0, 6122929347 P.18 � or power or shall be construed to be a waiver thereof, but ar�y sach right and power may be . exercised from time to time and as often as may be deemed expedient. In order to endfle the parties to exercise any remedy reserved to them, it shall not be necessary to give notice, other than such notice as may be required by this Article VII, 5ection ?.4. No Additional Waivcr im iiA ed bv One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limitecl to the particulaz breach so wa.ived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. tiRTICLE VIII. - � � � � - - .- . �1`L��Ci]�:�� Section 5.1. Conflict of Interests: City Repre�entatives Not Tndividu�lly_Liable. No member, ofiicial, or employee of the City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporadon, partnership, association or other entity in which he is, directly or indirectly, interested. No member, official, agent, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement. Section 8.2. Non-Discrimina�tion. During the term of this Agreement, the Developer shatl not discriminate upon the basis of race, color, creced, scx, affcctational preference, age, religion or national origin in the sale, lease, or rental or in the use or occupancy of the Development Property or the Minimum Improvements erected or to be erected thereon, or any part thereof. The provisions of Min►�esota Statutes Section 181.59, which relate to civil rights and non- discrimination, aze hereby adopted and incorporated as part of this Agreement as if fully set forth herein. Section 8.3. �quaT Em,ployment Opportunity. Developer agrees, for itself and its assigns, that during consttuction of the Minimum Improvements: a. Emplovees. Developer wil1 not discriminate against any emplayee or applicant for employment because of race, color, creed, religion, ancestry, gender, affectational preference, disability, age, marital status, status with regard to public assistance, or nadonal origin (each such status is referred to hereinafter as a"Protected Class"). Developer will take affirmative acdon to ensure that applicants are employed, and that employees are treated during employment, without regard to membership in any Protected Class. Developer sha11 further abide by all other applicable federal, state and iocal laws regazding equal employment opportunity. b. Advertising. Developer will, in aIl solicitations or advertisements for employees placed by or on behalf of Developer, state that all quatified applicants will receive consideration far employment without regard to membership in any Protected Class. -13- JAN-13-95 FRI 13;45 WINTNROP & WEINSTINE, PA FAX N0, 6122929347 P, 19 c. ntracts. Developer will include the provisions af this Section 8.3 in every contract� subcontract and purchase order, so that such provisions will be binding upon ea.ch such contractor, subcontractor, or vendor, as the case may be, Developer will take such acdan with respect to any contract, subcontract or purchase order as the City may direct or advise as a means of enforcing such provisions, including sanctions for non-compliance. Section 8.4. Provisians Not Merged With Deed. None of the provisions of this Agreement ate intended to ot shall be merged by reason of any deed transfcrring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement, � Seciion 8.5. �'itle�s of Articles and Sections. Any dfles, headings, or capdonsXof the several parts, articles, and sections of the Agreement are inscrtcd for convenience of reference only and shall be disregarded in consttuing or iaterpreting any of its provisions. Sectian 8.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by any party to any other party shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and a. Developer. In the case of the Developer, is addressed to or delivered personaliy to the Developer at: Northland Partners 2506 Northland Drive Mendota Heights, Minnesota 55124 Attn; Mr, David Gravelle b. it , In the case of the City, is addressed to or delivered personally to the City at: � City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Attn: City Administrator or at such other address as the City may, from time to time designate in writing and forwazd to the Developer. Section 8.7. Indemnific �ion. The Developer shall cooperate with the City with respect to any lidgation commenced with respect to the Development Plan or the Project. Except for any willful ot wanton misconduct of the City, its employees, Counci� members, officers or employees, the Developer shali save, hold hazmless, and indemnify the City from and against any and all costs, including reasonable costs of defense incurred by the City through an attorney of its choosing, with respect to any litigation in connection with the Project or this Agreement. -14- JRN-13-95 FRI 13�46 WINTHROP & WEINSTINE, PR FAX N0, 612292934? P, 20 ° a. Relea.se of City. Developer agrees, that anything to the contrary herein notwithstanding, the City and its agents, officers, Council inemb�rs, and employees shall not be liable or responsible in any manner to the Developer, the Developer's contractors, suppliers, vendors, material men, laborers, lienors, mortgagees, or to any other person or persons whomscever� for any claim, demand, damage, cost, or loss of any kind or character arising oat of or by mzson of the execuNon of this Agreement, the transactions contemplated hereby, the acquisition, construcdon, installation, ownership or operation of the Project, the Minimum Improvements and/or the Development Property. b. Indemnification of CitX, TEie Developer sha11 indemnify, save and hold harmless the City from ar�d against any and all claims, demands, actions or causes of action (including specifically, but without limidng the generality of the foregoing, the costs of defending the same, costs and e�penses for City administrative time and Iabor, costs of engineering and planning services, costs of all legal services rendered, direct aut-of-pocket expenses incurred in connection with defending such claims, and amounts paid as damages or in settlement or compromise af any such action or proceeding) as may be brought against the City for acts or omissions in any way related to the construction, operation or financing of the Minimum Improvements, and/or the Development Property. c. Reimbursement of Cosis. Developer shall reimbvrse the City for any and all costs and expenses, including without limitation, attorneys' fees, paid or incuned by the City in corine�tion with or relating to enforcing performance of (or seeking damages for Devetoper's failure to perform) any covenant or obligation of Developer under this Agreement. d. Hazardous Waste Indemnitv. The indemnif cation obligation of Developer shall include, without limiiadon, any liability, damages, cia.ims or costs incun�ed or asserted against the City relating to the alleged presence or release of hazardous or toxie substances on, under or about the Dcvclopmeni Property. e. �'ax bicrement_Indemni�X. Developer shail further save, indemnify and hold harmless the City from and against any and all costs, damages, liabilities or expenditures incurred by the City pursuant to Minne.sota Statutes Section 469.1771, subd. 3, as a result of the assistance provided bo the beveloper pursuant to this Agreement. f. Reductian in State�ids. Developer shall further save, indemnify and hold harmless the City from and against alI costs, damages, liabilities or expenditures ineurred by the City in the event that iocal government aid, homestead and agricultural credit aid or other aids or payments to the City from the State of Minnesota are reduced under Minnesota Statutes, Section 273.1399 or other Iaw, Section 8.8. �ovenants of Prineipal. All covenants, stipulations, promiscs, agrcetnents and obligations af the City contained herein sha11 be deemed to be the covenants, stipulations, -15- JAN-13-95 FRI 13;47 WINTHROP & WEINSTINE, PA FAX N0, 6122929347 P,21 promises, agreements and obligations of the City and not of any Council member, officer, agent, servant, employee, independent contractor, consultant and/or legal counsel of the City. Section 8.9. �overnia�Law. The parties agr� that this Agr�m�nt shall bc governed and construed in accordance with the laws of the State of Minnesota and acknowledge that this Agreement is the type of agreement described in Minnesota Statutes, Section 469.176, subd. S. Section 8.10. �ime i of the F�sence. Time shall be of the essence of this Agreement. Section B.lI. unterpart.c. This Agreement is executed in any number of counterparts, each of which shall be an original, but all of which sha�l constitute one and the same instrument. Seciion 8.i2. Interpre�ation and Severability. If any one or more of th,� provisions, sentences, phrases or words of this Agr�ment or any appiication thereof shall be held or determined to be invalid, illegal, or unenforcea6le in any respect, the validity, legality, and enforceability of the temaining provisions, sentences, phrases or words of this Agreement and any other application thereof shail in no way be affected or impaired and shall remain in full force and effect. Section 8.13. Successors and Assigns. This Agreement is binding on and inures ta the benefit of the heirs, successors and assigns of the parties hereto, provided, however, that this Agreement may not he assigned by any of the parties hereto except as specifically provided herein. Any successor shall absolutely and uncondidanally assume a11 of the rights, duties and obligations of their assignee hereunder. Section 8.14. Modification/Entire Agreement. This Agreement may not be altered, modified or amended except by an instrument in writing signed by all of the parties hereto. No person, whether or not an officer, agent, employee or representative of any party, has made or has any authority to make for or on behaif of that pazty any agreement, representation, warranty, statement, promise, an�angement or understanding not expressly set forth in this Agreement or in any other document executed by the parties concurrently herewith ("Parol Agreements") . This Agreement and all other documents executed by the parties concurrently herewith constitute the entire agreement between the parties and supersede all express or implied, prior or concurrent, Parol Agreements and prior written agreemcnts with respect to the subject matter hereof. The parties acknowledge that in entering into this Agreement, they have not relied and will not in any way rely upon any Parol Agreements. -Ib- JAN-13-95 FRI 13:48 WINTHROP & WEINSTINE, PA FAX N0. 6122929347 P, 22 ` ` IN WITNESS VYHEREOF, the City has caused this Agreement to be dnly executed in its name and beha�f and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed on or as of the day and year first above written, THE CITY OF NiENDOTA �iEIGHTS Attest: Kathleen M. Swanson Its City Clerk STp;1431l2-] sy: Chazles E, Mertensotto Its Mayor NORTHLAND PARTNERS, a Minnesota partnership By: Its: x� � JAt�-i3-95 FRI 13�48 WINTHROP & WEINSTINE, Pa FAX N0, 6122929347 �P,23 SCHEDULE OF EXHIBTTS EXHIBIT A Legal Description of Development Property Exhibit B Reimbursable Costs JAN-13-95 FRI 13:49 WINTHROP & WEINSTINE, PA FAX N0, 6122929347 EX�IIBIT A (LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY) Lot 1, Block 2, Inland Industrial Park P, 24 � '� JA�-13-95 FRI 13;49 WINTHROP & WEINSTINE, PA FAX N0. 6122929347 1. 2. 3. 4. 5. 6. Sprinkler System Retaining Wall Berm Paving Repair & Paint Signage � Exhibit B REIMBURSABLfi COSTS Est. 7b,000 25 25 25 50 13 City Cost 38 + 38,000 12,SOQ 12,500 � 12,500 25 6,500 �. P, 25 � CITY OF MENDOTA HEIGHTS �� � TO: Mayor, City Council and City Admini FROM: John P. Maczko Fire Chief SUBJECT: Chief s Vehicle DISCUSSION: January 11, 1994 � �n t1�e 1995 budget process, $22,0(}0 was approved for the purchase of a new Chief s vehicle. The Capital Replacement Plan recommended that the vehicle should be a 4 wheel drive vehicle large enough to transport firefighters to meetings, schaols and conferences, and have the payload capacity great enough to carry necessary firefighting equipment. It was my intent to go with a full size Suburban, however, at an average bid price of $30,000 the budget does not allow the purchase. Researching many of the sunounding departments, I have found that they have utilized the mid- sized sport utility vehicle with success. We have received four bids on this type of vehicle. Pazk 7eep/Eagle Polar Chevrolet (if ordered by 1/20/95) Iten Chevrolet Arrow Pontiac/GMC RECOMMENDATION: 1995 7eep Cherokee (4 Door) 1995 Blazer (4 Door) 1995 Blazer (4 Door) 1995 7immy (4 Door) $21,276.00 $21,353.00 $22,974.00 $23,650.00 I recommend that the low bid of Park 7eep/Eagle not be accepted due to the fact that the shift lever is mounted on the floor thus making radio installation more diff'icult. Since Public Works is familiar with GM products relating to the maintenance of this vehicle and there is only a$77.00 difference in price, I recommend that the bid be awarded to Polar Chevrolet for their bid amount of $21,353.00 ACTION REOUIRED• If Council concurs with the recommendation they should pass a motion awarding the bid to Polar Chevrolet for a total purchase price of $21,353.00. Since this vehicle will be used as an emergency response vehicle on the department, it is exempt from sales tax. JPM:dfw {, ; CITY OF MENDOTA HSIGHTS DAKOTA COIINTY, MINNLSOTA PLANNING COD�lISSION - MINiJTE FsXCERPT DECII�ER 29, 1994 The regular meeting of the Mendota Heights Planning Commission was held on Thursday, December 29, 1994, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following members were present: Koll, Friel, Betlej, Duggan, Lorberbaum and Tilsen. Chair L�wyer was excused. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban and Senior Secretary Kim Blaeser. APPROVAL OF MINCJTES Commissioner minutes with Commi s s ioner AYES: 5 NAYS: 0 ABSTAIN: 1, ROLL �• Friel moved to approve the November 22, 1994, corrections. Betlej seconded the motion. CASE NO. 94-39: MANSFILLD - VARIANCF Mr. and Mrs. Robert Mansfield, of 1300 Wachtler Avenue, were present to discuss their request for a five foot side yard setback variance which would allow the construction of a dining room addition to the north of their home. Vice Chair Duggan stated that all signatures of consent have been received. He further explained that this property is also in the Critical Area Overlay District and that this application will have to receive Modified Site Plan review when it appears on the City Council's agenda. He stated that the Planner hag informed the Commission that there appears to be no impact to the Critical Area standards because the addition is between two existing homes. Vice Chair Duggan reviewed the requirements necessary in receiving a variance and what constitutes a hardship. Mr. Ma.nsfield explained that he would like to construct an addition which would serve the purpose of a dining room. He stated that the location of the addition is due to the location of the kitchen. He stated the exterior materials will match the existing materials of the house. He stated there are no plans to landscape. He stated his neighbor to the north had recently installed small trees. e ` Duggan noted the Planner's concern for proper drainage. Mansfield stated his neighbor's garage is ten feet (10') from the edge of the property. He stated there is a three foot (3' ) drop in grade and that it runs from the east to west. He stated there is a swale and the he plans to continue maintaining it. Mansfield further explained there is a tree right on his property line and that the addition will be six feet (6' ) from the tree. Mansfield stated that due to the location of the power pole and tree, the addition will be constructed to the east. In response to a question from Commissioner Koll, Mr. Mansfield stated there will �be no new windows on the northside at the addition. In response to a question regarding snow storage, Mr. Mansfield stated his neighbor only plows the snow to his own garage and that there is still some driveway left along the side of the garage. He stated that hisX� neighbor does not store vehicles on the remaining driveway. He stated there should be no problem with storing extra snow in this area. Commissioner Roll stated that the neighbor's driveway was constructed too close to the property line. Commissioner Friel inquired if Mr. Mansfield considered alternatives which would eliminate a need for such a significant variance. Mr. Mansfield responded that there is no room to the east of the house to construct an addition. In response to a question from Commissioner Friel, Planner Uban stated he had general questions regarding the maintenance of the exiating swale should the addition be constructed. In response to a question from Commissioner Betlej regarding landscaping, Mr. Mansfield stated that his neighbor to the north of his property planted several trees earlier this year and that there is no more room to install additional trees. He stated there is existing landscaping in the front yard that will not be disturbed by this addition. Commissioner Betlej stated that the front of the addition may look better with additional landscaping and that it may help with the drainage. Commissioner Lorberbaum stated she had visited the site. She e�plained that she toured the interior and saw where the kitchen is located and how the addition will help keep the flow of traffic intact. She stated that by visiting the site, she understands why the Mansfield's are requesting a variance for their addition. Commissioner Tilsen stated the Mansfield's have made their problem clear, however a hardship needs to be presented. Mr. Mansfield's stated he has a very large family and that he needs more room to accommodate all of them. Commissioner Tilsen stated that the Ordinance is in place to help protect the construction of buildings so close to lot lines. � Vice Chair Duggan stated the scale on the plan is inaccurate. Mr. Mansfield stated that he has drawn the plan to scale. Vice Chair Duggan stated that the jog in the fence is not accurately shown on Mr. Mansfield's pl�an. He further inquired if there is a shed located on his property. Mr. Mansfield responded there is no other building his property. Vice Chair Duggan inquired if Mr. Manafield's neighbor has had an opportunity to review his plans . Mr. Mansfield stated yes . Mr. Mansfield further stated that there has never been any drainage problems. He explained there are two retaining walls in the backyard and that he has never had any problem with water ponding due to a heavy rainfall. . Commissioner Friel stated that the Mansfield's have not demonstrated a hardship in accordance with the Zoning Ordinance. Mrs. Mansfield stated that their hardshi'p is that there is not enough room within their home to accommodate a large gathering. She stated that it is not realistic for a house of this size to not have a dining room. Vice Chair Duggan responded that the ManSfield's bought this house knowing its limitations. He noted his concerns for precedent setting in granting this variance request. Commissioner Friel stated that this problem applies to most people in the community and by granting this variance makes the ordinance regulations meaningless. ." Vice Chair Duggan inquired if the Ma.nsfield's would consider an alternate plan. Mrs. Mansfield responded that it has been suggested that the addition be brought out to the rear of the home. She stated that this is not possible because of the location of the swimming pool. Vice Chair Duggan stated that the Mansfield's own a large lot that is very long but not very wide and that they are trying to do too much width wise. Commissioner Friel moved to recommend that the City Council deny the request for a variance. Commissioner Tilsen seconded the motion. AYES: 5 NAYS : l, LORBi3RBAUM CASE NO. 94-38: SRJERVi3N - VARIANC]3 FOR REAR YAI2D 5i3TBACK � Mr. and Mrs. Gordon Skjerven, of 691 Cheyenne Lane, were present to discuss their request to build a 14 by 14 foot three season porch which would extend into the rear yard setback with only nineteen feet (19') remaining between the proposed addition and the rear lot line. Vice Chair Duggan explained that this home was built after the adoption of the Wetland Ordinance in 1974. He explained that r � no wetlands permits were required of this particular subdivision or home although it abuts Friendly Ma.rsh Park to the north. He explained that City staff has determined upon reviewing the Official Wetland Map, that the wetlands to the north lie more than one hundred feet (100') from the proposed addition. Vice Chair Duggan stated that the Skjerven's have received all signatures of consent. Mr. Skjerven stated it has always been their intent to construct a porch. He explained that currently they are using their backyard a basic patio and that due to the marsh, there is a significant problem with bugs. He stated �that he understands that the City is trying to conserve open space and that by constructing their porch, as proposed, it will not infringe on what the City is trying to accomplish. Vice Chair Duggan stated what if all other homes want to do the same as the Skjerven's. Vice Chair Duggan further stated that more accurate plans need to be drawn. Commissioner Tilsen stated that the Skjerven's lot has some special considerations and that there will never be anything built on the ma.rsh. Commissioner Lorberbaum stated there are a number of three season porches in this area. She �further inquired about exterior building materials. Mr. Skjerven responded the materials will be the same as the house. Commissioner Betlej inquired about the hardship. Mr. Skjerven responded that the size of his lot is his hardship. Commissioner Koll pointed out that the home was built within three feet (3') of the rear yard setback. Planner Uban pointed out that without this variance, no addition to the rear portion of the home would be allowed. Uban pointed out that a screened gazebo could be constructed without a variance. He stated that a variance is needed if the addition is connected to the house. He further stated the size of a gazebo would be limited to 144 square feet. Commissioner Koll stated that Mr. Skjerven is unable to use his backyard due to the mosquitos. In response to a question from Commissioner Friel, Public Works Director Danielson stated that the City owns Friendly Hills Marsh. Commissioner Koll noted her concern for setting precedence in granting this variance. She inquired if Mr. Skjerven would consider a smaller addition thus reducing the size of the variance request. Mr. Skjerven stated that they had decided to construct a 14 by 14 screened porch but that a 16 by 12 porch addition would be an acceptable compromise. Commissioner Friel stated that should a free standing j� AYES: NAYS: 1 structure be built, it would have to be at least five feet (5') from the house. Friel stated that if the Commission insists on the Skj erven' s complying with the ordinance and not granting a variance, the result�might be to building a 12 by 12 free standing structure five feet (5') from the house. A brief discussion ensued regarding whether or not the addition could be placed elsewhere. Commissioner Friel stated that the Skjerven's have presented a practical difficulty and that they have consented to minimize the variance request by making the addition 16 by 12. Commissioner Lorberbaum noted that the Planning Commission needs to be consistent in granting variances. She stated the Mansfield's request for a variance was denied because they were unable to present a hardship. She stated the C�mmission is considering the Skjerven's variance request based on the fact that they are unable to use their backyard because of mosquitos. Commissioner Friel stated that a detached structure could be built which would encroach the setback requirement and that this variance request does not seem inappropriate. Chair Duggan responded that the Planning Commission reviews requests each on their own merit and on a case-by-case basis. Commissioner Friel moved grant an eleven foot (11') to the applicant reducing as it extends to the rear to recommend that the City Council rear yard setback variance subject the size of the three season porch of the yard. Vice Chair Duggan directed the applicants to submit a revised and accurate plan. Vice Chair Duggan seconded the motion. 5 1, LORBERBAIIM CITY OF MENDOTA HEIGHTS MEMO January 10, 1995 TO: Mayor, City Council, City Admini t FROM: Kathleen M. Swanson City Clerk SUBJECT: Equipment Purchase INFORMATION x• The 1995 Administration equipment budget includes $2,000 for the purchase of a new computer scanner and text scanning software. The purpose of this memo is to request authorization to purchase the equipment. DISCUSSION . The scanner will be used extensively for prepazation of the Heights Highlites and for scanning text documents, such as state statutes and old resolutions, minutes, etc., into word processing programs. The scanner will save us considerable time, and hopefully money as well, by giving us the ability to scan ordinances in prepazation for ordinance recodification. The Hewlett-Packazd Scanjet IICX has received the highest reviews of the 24 bit flatbed color scanners. Its price is very competetive with other scanners on the market, and HP is currently offering a$150 manufacturer's rebate, which makes it less expensive than compazable scanners. I have therefore only asked from Hewlett-Packard dealers - Crabtree Companies, CDP, and MicroAge. The quotes for the Scanjet IICX and an automatic document feeder ranged from $ 1,474.00 to $1,498.00, plus sales tax. The quote from Cra.btree is $1,488.00 (plus tax). Although it is not the lowest bid, Crabtree offered free delivery and on-site set-up ($50.00 cost) if needed. Since we have had excellent service from Crabtree (formerly Dodd Technical) in the past, and its salesperson is a Mendota. Heights resident, I would prefer to purchase the equipment from them. After rebate direct from the manufacturer, the actual price for the equipment, including sales tax, will be $1434.72. RECOMMENDATION I recommend the purchase of a Hewlett-Packaxd Scanjett IICX scanner and automatic docu.ment feeder from Crabtree Companies for its quote of $1,584.72. ACTION REOUIRED If Council concurs in the recommendation, it should authorize the issuance of a purchase order to Crabtree Companiesfor a Scanjet IICX scanner and document feeder for its quote of $1,488.00 plus tax. LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL January 17, 1995 Asphalt Contractor Licease Northwest Asphalt Inc. Pine Bend Paving Inc. Masonry Contractor Licease Jesco, Inc. R. Ostrom Co. �� Excavatioa Coatractor License Lakeside Plumbing & Heating Inc. Nova-Frost Inc. Rayco Excavating, Inc. Stocker Excavating Co., Inc. Sun Excavating, Inc. Wenzel Plumbing & Heating Inc. General Coatractors License Bituminous Roadways, Inc. Bremer Construction Determan Welding & Tank Serivice, Inc. S.A. Jordan Construction Inc. Rurth Construction, Inc. McGough Construction Co., Inc. Russnick Contractors Inc. Ryan Construction Co. of Minnesota, Schindler Elevator Corporation Schreiber Mullaney Construction Co., J& L Schieters Construction Inc. Southview Design & Construction Inc. Sumco, Inc. Inc. Inc. United Properties Construction Management Gas Pipiag Coatractor Licease Anderson Heating Inc. Boehm Heating Co. Del-Air, Inc. Ditter, Inc. Egan & Sons Co. Erickson Plumbing, Heating, Cooling Inc. Hearth Services Inc. Heights Mechanical Co., Inc. Horwitz, Inc. Judkins Heat & Air Condition Inc. Kelly Plumbing Jim Murr Plumbing, Inc. Northwest Service, Inc. O'Reefe Mechanical, Inc. ProAir, Inc. Rouse Mechanical Inc. Thermex Corporation Twin City Furnace Co., Inc. Wenzel Plumbing & Heating, Inc. SVAC Contractors Licease ' Anderson Heating, Inc. Construction Mechanical Services Cedar Valley Heating & Air Ditter, Inc. Egan & Sons Co. Erickson Plumbing, Heating, Cooling, Inc. Gopher Heating & Sheet Metal, Inc. Heights Mechanical Co., Inc. Horwitz, Inc. Judkins Heat & Air Conditioning Inc. Northwestern Service, Inc. 0'Keefe Mechanical Inc. Rouse Mechanical Inc. Thermex Corporation Twin City Furnace Co., Inc. Drywall/Plaster Coatractor License Berg Drywall, Inc. Citywide Insulation, Inc. Custon Drywall, Inc. Quality Drywall, Inc. Sic=n Coatractor License Nordquist Sign Co., Inc. Rubbish 8aulers License Knutson Services Inc. K.O. Sanitation & Recycling, Inc. Roadway Rubbish Inc. Waste Management - Savage CiQarette License Snyders Drug Store #42 Tom Thumb Store #264 � � �' � ' ;.w;�' : �. +;,, � . �'±�: _ ,:<'• :?;:i : ",� :.'r `ti°:�i'.;�"• ','.:�• _ .. ,r�/"�ii,u�'^ Y.�%'`5•rt5•: �;Y�= •r)• ���•� ,Y� i .. ��.'h'.�. ,� ., (i�: " ¢g�e�t';i1�.,:��C;T?�`:F� .+:s:.i''.. >"�.�: ' �.:'�r,:s z - . `�.ilr�.:rsS+{:-`.,v:+.r� �iS: •G:::�` . i.s � ti•.., _ : ,�.`l• :.$, �.,1,, aY.•. ,rf.? . , ... ' FS;Y:'`�::..: , : { ;;: s;r;'/:. . . , . , .. . . - , . . `i •' r:; , � .. .. . _ - . •'s' . .. . . .. . . . . � . fiGt!!�iwCti�::..:iif!„S'iu.�..a.:i%iittLt�i;:i:i.•.ti�.ni:iet.;iii;:e$i;iif<i:i.�_..._.,....,. �..,.,u:i�sao;.....v..;:u'.e_...,:n..........r.n...r......,....._._.s:i•,. .....n.' . January 17, 1995 TO: 1�tayor and City Council • [�rsrx�c �ST SUMHARYs Tota1. Clgima Significant CZa+m� � Dues AAA Striping Street str.iping NSP Utilities '' Tracy Tripp Gas Uansual ciw{m¢ Briggs b Morgan Bond Legal Dakota County Bank Bond�Payments Electro Comn System Comp terminal Upbeat Recycle splys �R � 853,906 2,684 2,996 7,600 3,101 5,061 792,556 4,183 3,243 �� �. _ ��.__._tn... . 13 Jan 1. _� J8n 17, 1995 Claims List Fri 1�28 PM City of Mendota Heiohts ; �'` Tern� Check Number 1 . . 7ernp. Check • Number Vendor Narne �Account Cade 1 A M M 01-4404-110-10 � � . Totals Ternp Check Number 1 Ternp Check Number 2 . 2 Aberrleen Graup 02-43@5-050-5Q 2 Tatals Temp Check Nurntaer 2 Terop Check Nurnber 3 'i 3 AAA �triping 01-2010 3 • .-^� Toi�ls Temp Check iVumber 3 Ternp Check Nurnber 4 ' "� 4 Airsignal Ir�c 01-4210-02Q;-20 4 Airsignal Inc 01--4210-030-30 .... 8 Totals Ternp Check Nurnber 4 � Temp Check Number 5 � . 5 Rlbinsan @5-4305-205-IS 5 � � T+atals Temp Gheck Nusnber 5 1 3emp Check 1Vurnber 6 ' 6 Asperr 29--4220-934-QM0 6 Aspe» 0f-�2/B0-6f0-50 12 Tntals Temg Gheck Number 6 ' Temp Cheek Number 7 7 Aviall 01-4305-050-50,. 7 • � Tot�ls Temp Check Number 7 Ternp Check Nurnber 8 .. S Rmerir�n Natic�n�l E�ar^�k 22-4�z6-@@0-00 ....r .. . �..�.. 15-Engr 20-Police 30-Fi re � 40-CEO' Camments �5 dues svc chg street Striping 3an svc �an svc splys eq rent eq rent splys vcp� �u-nuaua 60-Utilities ���e � 70-Parks - 80-Planning 85-Recycli,Bg ' 90-Ani�l Cpntrol Amount 2, 684. 00 2,684.0Q 1 tD. 0@ 10. Q�@ r 2, 995. 99 2, 995, 99 15. 97 8. 32 24. 29 80. @� 80. @2 441.98 280. 50 722. 48 � 8. @0 8. 00 fees 2�6.@ID 13 Jan 19y5 � Claims List Fri 1:28 PM City af Me�data Heights Temp Check Number $ , 7ernp, Check Nttmber Vendar^ Narne Accaurt� Cade $ . . Tc�i�Is Temp Check Number 8 Temp Check kVurnher 9 9 8& J Auto �aupply Q1-4330-49@-50 � B � J Auto Supp2y �D1-4330-490-7@ 9 B L� J A ut o 8u pp 1 y 01 ^4330-460-3@ 9 8& J Auto Supply Q1-4330-460-30 9 H& J F� ut o S�t pp 1 y 15-4330-490-60 - 9 B& J Auta Supply fS-4330-�►90-60 9 S& J Auto 5upply 15-4330-490-60 9 8& J Auto 5upply 01-4s30-460--30 a 72 7otals Temp Check Number 9 Temp Check Number 10 "•, 10 Batteri.es Plus 02-4330-460-3it+ 1� Hatieries Pl,us 01-4330-460-30 2� ' Tata15 Temp Check Rtumher 10 Temp Chc�ck lUumber 11 11 Hauer E+uilt 01-4330-440-20 11 Hauer Huilt 01-4330-440-20 11 Bauer L�uilt 01-4330-46s�-30 11 Hauer Huilt 01-4330-490-50 � 11 Hauer 8uilt 01-4330-44@-20 55 Totalg Temp Check Number 11 Ternp Check Num6er 1� 32 Biffs Inc tDl-4'�c00-610-70 12 Tatals iemp Check Number 12 Temp Check Nurnber 13 � � ,, . , . f3 Bo�rd c�f IJater Cammissioners 01-4425-31:'r-36 �,� 13 Baard of Water Cc,mmis�ianers Q�i-4425-310--50 13 Bo�rd c+f Water Cnmrnssaianers 0l-4425-31Qt-70 f3 £�oard of Water Cammis�zc�r�ers 15-4425-3f0-60 � Gatarner,t s solys spiys • sp2ys parts part s paris parts paris parts parts parts 2�44 parts parts parts parts �a» rent �uta fire spiy auto fire sply auta fire sply auta fire spiy Pa�e 2 Arnount 2�6. 00 5. 09 5. 06 10. 9I 52.87 4@. 80 �8. 'T'7 29. 81 9. 61 182.9c� 25. T2 41.95 67. 6? . 52. 8� 67. 05 33. 85 33. &4 63. 88 �51. 44 �58. 32 h 268. 32 80. @0 26. 65 26.65 26. 70 r 13 Jan 7. � Claims L.ist Fri 1:�8 PM City of Mendata Heights • ..l . Ternp Check Number 13 ' Tentp. ` Gheck N�unber Vendar Narne Accaunt Code 13 Etoard of Water Carmnis�ic�ners 08-4425-000-00 �ia 65 Tutals Ternp Check Number 13 iema Ch�cic Number 14 14 Sriggs & Morgan 88-4226-@0Q�-00 14 Brigg� & Margan 12-4�z6-0@0-0� 28 -. 7atals ierop Gheck IVumber 14 Temp Check Number 15 :•_ ' 25 Capitol City Reg2 FF Rssn QJ1-440k-Q�3Q�-30 , I5 ' Tatals 3emp Check Nu�aher 15 •�-� 7emp Check Nutrrber 16 16 Ga,ty af St Paul 01-4330-440-20 16 Totals Temp Check Nu�ber 3E, Temp Check Nurnber 1T 17 Cannect Inc �1-421@-@30-30 i7 j� Totals Temp Check Nueeber 17 Temp Check Nurn6er 18 18 Kevin Custer 29-433?-@¢�Q-0¢� 18 7c�tals Te�np Check Number 28 Temp Check Number 19 '19 Coverali 01-4335-315-30 19 Goverall 01-4335^310-50.•. 19 Caverall 01-4335-310-7@�"'� 19 Cavera2l 15-4s3a-310-60 •;:� -- " 76 ?ota2s Tamp Chec}c lVumber 19 Temp Check Number 20 ._..»..������...��:�..�«����.�..�.___�....�.... ��� . �`�_ . ' _. � .: — «» .y's� i&�...�s—.....—�" �. �___�.....��_..�. ...�� � .. Carnment 5 auto fire sply re 94 rev bands re go eq cert 9S dues rprs dec svc beaver trapping � avY svc �an svc 3an svc 3an svc Page 3 RmauMt 80. 00 24D.00 3, 176. 95 1l884.50 5�061.G5 35. 00 35.0@ 45. 00 45. 0i3 16. PJ@ 16. 00 515, 0i� 615. @0 137. 39 60. 00 60.00 59. 99 317.38 r 13 Jan 1995 Fri io�8 FM ,'� ""� Ternp Check Number 2Q� '� 7emp. Check ' Nurober Uendar Narne 20 Dakot� County Auditor c4t'S 20 "� Totals Temp Check Nurnber , Temp Ciseck hi+amtrer 21 PI Dakota County State Bar�k • 2i Dakata Caurtty State Bank 21 D�kota County State Harik 21 Dakata County St�te B�nk '} CI Dakota County State �ar,k 21 Aakot� County State Bank 21 Dakota County State E�enk �� 2f Dakata Cau»iy State Ba»k ' 21 D,�kota County State Bar�k 21 Dakota County State Bank �� 2i Dakata County State E3anic 21 Aakata County Staie Bank -'� 252 • "� Tat�is Temp Check iVurnher "y Temp Check Nc.cmber Z� 22 Dakota County 5tate Bar�k , 22 Dakata County St�te Bank "' Z2 Dakota County State Ecar,k 22 Aakata County State B�nk 22 Dakota Caunty State BarMk � 22 Dakaia Cour�ty State Bank 22 Dakota County State Bank � 22 Dakota County St�te Bank 2� Dakota Caunty State Bank 22 Dakota County State Bank 220 Totals Ternp Check Nurnber . Temp Check Number 23 23 Aanko Emgcy Eq 23 _ Totals Temp Check Number Temp Check hiurnber 24 :� ` �4 Duluth Techrrica2 Goliege ; 24 � 7ata1� Temp Gheck Number Claims �ist City of Mendata Neights Accou»t Gode 01-2010 20 14-4456-@00-0Q+ ?4-4458-000-Q0 7k-4456-000-@0 85-4456-000-00 @1-2#f5 01-1290 14-4456-000-00 I 1-4455--Q�00-0td 42-4456-000-@@ 88-4456-000-00 11-fi456-000-0Q 36-4455-000--00 21 36-4456-000-2�0 11-4456-0tB0-00 35-4455-000-Q0 3$--4456-000-00 31-4455-00Q�-�0 31-445fi-000-00 25-4455-@0Qi-00 85-4456-0@0-0@ 01-21I5 01-129fd 22 01-2@10 23 '�,: � . @i-4400-030-30 24 , � ... Carrtroents truth •in taxation costs re 77 bands re $S bands re 65 bands re 86 bor+ds re 85 bands p�^inc bond princ 78 dands �^e 93 bartds re 88 brands re 92 bands 92 park bands 91 bonde 91 bonds 90 park bond� 89 bonds 89 bonds 87 bands 87 bonds 79 bond5 79 band5 princ pymts princ pyrnts turnout gear '� trrig exp P'age 4 Amaunt - 819. 00 B 29. 0Q1 2z 601Zt. Qi0 7050@0.fL0 18�077.5@ 41 i 475. Qt0 7@y 00Qt. Qt0 7Q�, 000. 00cr 870. 00 28,737.50 55a P137. 50 27,643.75 19i f62.50 75y000.00 ss8�603.75 25, 947. 50 55, 770. @0 130� 0@0. 4h@ 37�k17.50 i 50! 000. 00 38� 017. S0 15� 000. 0@ 1 s 80IIE. 0@ 370, 00�. 00 370 � 000. 00cr 45s�952,50 . 2� @88. Qa@ 2� 088. Q�0 30. tDQ+ 30. @0 � ' 13 Jan 19y5 Clairns List Fri it28 PM City af Me�data Heights .�"} . "' Temp Check Nurn6er 85 "•� Temp. Check ' Nurnber Vendar Narne Rccou»t Cade Cornrnents �, 25 ElectroComm Comm Systems QM1-2011� data terrninal .�5,,�, 25 Totals Ternp Check Num6er 25 • Temp Check Number 26 26 Electrc+ Watchrnan 01-433�-310-50 Sst atr �£, Electro Watchman , 01-4335-310-70 fst qtr 26 Electro Watchmarr 15-4335-310-60 ist qtr . 7$- Totals Ternp Check Number 26 `; Temp Gheck Rturnber 2? 27 Fire Engr 01-4402-@3f0-30 renewal ..•j � ' 27 7atals Temp Check Number 2� "� Temp Check IVumher 28 z8 Fire Hou�e 01-4400-030-3Q rer�eaa2 28 �'y iotals Temp Check Number 28 Temp Check Number 29 29 Fisher Phatc+ 01-4305-Fi20-20 spiys 29 Fisher Phota 01-4305-020-20 splys � 58 Totals Temp Check Number 29 ,. Temp Check Humbe�^ 30 30 Giassit^ig Flarist5 01-4490-110-10 splys 30 Totals Temp Check Number 30 Temp Check Number 31 >y •� 31 �2a6e Print ing & Supp2 ies 0f-43@@-0P0-20 �' '� spiys 3f �S2obe printing & Supplies P�1-4300-020-20 splys ?•a, -- 62 7atals Temp Ctreck Nurnber 3i Temp Check Number 32 �R Page 5 RrnauMt 4, 183. 32 4�283.32 88. 4@ 88. k0 88. 39 �ss. is 24.95 24. 95 39. 97 39. 97 51. 01 11. ^�5 6c . 26 53.�5 53. �S 7. 90 i70.36 f 78. �6 r ..., 13 Jan 15y5 Claims List Fri lc28 PM Gity af Mendata Heights '"1 � Ternp Check Nurnber 32 , Ternp. CMe�k �Number Vendar Narne Accaunt Code 32 W W Cirainger 01-4305-050-50 32 W W Grainger 01-43Q�5-07@-70 ;�, 32 W W �rainger 15-4305-060-60 96 Tatais Temp Check ltiurnber 3� Temp Ch�ck lUumber 3a 33 Hdwe Hank 01-430�-03@-30 33 Mdwe Hank 01-4305-050-'S0 66 Totals Ternp Chsrk Number 33 ,...t Temp Check iUumber 3k , 34 Nenr�e�in Technicel Co2lege 01-4400-030-30 34 , Totals Temp Gheck Number 34 Ternp Check Nurnber 35 " 35 Hughes � Ca�tella 01-2010 3�r iatals Temp Check Number 35 Temp Check Number 36 36 Hinding Htg & AC 01-4330-215-70 �� 36 Totals Temp Check Number 36 'Fernp Check lVurnber s? 37 I 0 S @1-4330-490-i@ 37 i O S tbf -433td-460-3tD 37 I 0 S 01-4330-445-k@ 37 I O 5 01-4330-490-50 37 I O S 0f-4332s-49Qt-70 37 T O 8 05-4330-490-15 37 I 0 S 15-4330-490-60:, ��� � 37 I O S 01-4s00-080-80 37 1 0 S Qsi-4490-109-09 :er, --- ' 333 Tc�tals Temp Check Number 37 7emp Check Nurn6er 38 _ Ctamments splys splys splys splys � splys �^egr neisan dee pra�ceutians rprs �an rnten 3art mten �an mten ,7an mtcn aan mten �an mten �an rnten ,� a» mt en �an micn Page 6 Arnourst l i . '75 1 f . 75 11. 76 35. �b 9. 37 7. 69 r 17. 06 115. 50 115. 5@ 2, 971. 90 2, 971. 9Q� 279. 00 z7"3. Q�0 44,25 29. 50 29. 50 29.50 29. 50 44.25 29. 50 29. 5Qf 29. 59 295. 2+9 13 Jan 19�5 Fri 1:28 PM � ...i ' Ternp Check Nutn6er 38 Temp. ' Check _ Nurnber Vendar Narne ' 38IACP �;� 38 Totals Ternp Check Nurnber Temp Check Number 39 . 39 Inver �rove Fard 39 Inver Grave Fard 78 ?ot�is Ternp Check Nurnber Temp Check Number 4@ 4Q� Intoximeters '�s 40 "Cat�Is Temp Check Humber 'y Ternp Check Nurnber 41 k1 Knox Cammercial Credit 41 Knox CornmercSal Credit 41 Knox Gammerci�l Gredit . 41 Knax Cammerca.al Credit •i 41 Knox Cornrnercial Credit 41 lCnox Commercial Credit 8k6 Tc�t�ls Terno Check Nurnber :� Temp Che�ek Number 4z 42 Thomas Knuth 42 Thomas tCnuth 4� Tharnas Knuth 126 Tntais Temp Check Number Tesnp Check Nurnber 43 �43 Krechs Rffice I�achines 43 Krechs Office Machines k3 Krechs Office Machines 43 Krechs Office Machines �:� k3 Krechs Office Machfnes " k3 Krechs Office Machines � 258 � Totals 'iemp. Cheek Atumber .....""_""'""_""_'""" " . "..'"". '_ � ' . r. •*• Claims List City of Mendota Heights pccount Code 01-4404-@20-20 38 @i-433m-490-50 01-4330-490-50 39 II11-4305-@20-20 4@ 01-4305-070-70 05--43tbS-1 fl5-15 @1-43�5-070-70 01-4305-070-70 08-4335-000-@Q� @3-4305-070-?0 41 88-4415-704-00 22-4415-71�C-00 Q�5-4415-105-15 42 @i-4300-210-10 01-4330-490-10.., 01-4330-460-30 �' '� @1-433Qt-41+Q-20 01-4330-k90-50 05-4330-490-i5 43 Cornment s 95 dues rprs 3Q+2 rprs splys splys splys splys splys splys s{alys exp reimb exp reimb exp reimb splys type mten type mten type mtcn type mtcn iype mtcn k Rege 7 Arnount 100. 00 10@. id0 2?7. 6i 3f1.89 5$9. 50 9:r. 85 95. 85 148. 25 19. 16 80. 87 38.95 30. 12 94.7f 4 i2. 06 10. 15 40. Qt? 34. 51 $4. 68 11.72 144. 0@ A8. @0 . 96. 0tD 48. Q�0 48. 00 395.72 � � 13 Jan 15y5 ' Fri 1:�8 PM ' Ternp Check Number 44 ...., Temp. � Check Number Vendar Narne .-, 44 Kustam Signals Inc � 44 Totals Ternp Check Number �� "Femp Gheck iVumber 4� 45 Sandra Krebabach : "� � -- 45 TotaYs Temp Check Number ` Ternp Check Nurnber 46 =��ti 46 Leagzie of Mn Cities ' 46 League of Mn Cities �.f 9c� ' Tatals Temp Check tVurnber `-� Temp Check Numt�er 47 47 Langula Hdwe .'ie -- ` 47 Totals Temp Lheck Number '""} Ternp Check Nurnb�r 48 �-� 48 Lillie Suburban News "` 48 I.i il ie Suburban News 48 L,i 11 ie Suburban hlews � 4B l,illie Suburban News 48 l,il3ie Subur6an News 48 4iilie Suburban News 288 Totals iernp Check iVumber Temp Cheek iUum�er 49 49 M C F p A 49 Totals Temp Check Number Ternp Check Nurnber 50 � �" 54� Mn Div IRI SQ "�� Totals Temp Check N4unber Clairns List Gfty af Mendota i-teights Accou»t Code � Q�1-2010 44 tD1-440@-109-09 45 01-�c�+?k Q� 1-4132-020-20 46 01-4337-@5@-S0 47 01-424@-110-ia 01-4240-if0-f0 01-4240-080-80 01-42k0-110-10 Q+1-lt�4@-210-142 01-4240-@80-90 48 @1-4404-110-10 49 ., :' �' . 01-4404-@20-20 50 ...� �.'�"�..�� ' . Casnment s eqq exp reimb �an p�^ern �an prem solys re pr�p tex re ord 239 hrg not ord 403 ord 40f re mh rd cer� fee ward � , I 95 dues page 8 Fimount ��140.65 2, 140. 65 65. �5 65. �5 r s7�.�s 941.56 it52f.�� 22. 76 22. 76 55.13 24. 50 21. 68 14.00 i!►. IA0 10. 50 1 �►ft. 01 25. 00 25. 00 30. 00 30. 00 . . . � . . ... . " .' . %_� , . "_ . _ '_ _ �.. >�. .�.�...� _ .. � , � ` M �h • � 13 Jen SSas C2�5ms List Fri 1:28 PM City of Mendata Heights ..�, " Ternp Check Nurnber 51 . Temp. ' Check � IVurnber Vendor IVarne Rccount Code Carnments 51 MEMR Treasurer 07-4404-00@-00 95 dues � 51 Totals Temn Check Number SS Temp Check l'Jumber 52 . • SZ h1�c W�rehause 0f-2010 software 52 Tatals Temg Check Number 5z Terap Check Nurnber 53 :•�, 53 Mendata Heights Rubbish� 01-4290-310-50 dec svc � 53 Mendata tieights Rubbish' 0f-4�80-310-70 dec svc 53 Mendota Heights Rubbish' 15-4�80-310-6@ dec svc . 53 Meridota Heights Rubbish' 01-4�80--315-30 dec svc 212 � F� Totals Ternp Check Number S3 Temp Check Number 54 ,�! S4 Midwest Phota 3vc 03-43@5-020-2@ dec sve -ti 54 � Tatals Temp Check lVumber 54 'Femp Check Nurnber 5J 55 ifi P O tDi-4300-040-40 permit forms �'� 55 M P C, . 0i--4s00-040-4Q discount 55 M P G 01-4300-110-10 splys 55 M R�, 01-4300-040-4V1 sP1Ys � 55 M P� Q11-430@-080-$0 sp2ys ' S5 M P G 05-4300-i@5-iS splys 55 M R� 01-4490-f 09-Q�9 sp 1 ys 55 M P G @1-4300-110-1@ discou»t 44@ Totals Temp Check Number 55 Ternp Check hlumber 56 .,, •, �: � 56 Minn Ce11u2ar Tele Ca 01-42i0-020-20`'� dec svc �� 56 Tot�2s Terep Check Number s6 Ternp Check Num6er 57 57 Minn Dept of Revenue Q�1-43E0-050-54� dec fuel tax '� Page 9 Amount 25. 00 25. 00 i02.95 • 102, 9� 48. 62 k8. 62 48. 62 43.12 198.98 34. 63 34. 63 534. 63 20.b9cr z9@. 51 232.a5 �c32.35 290.51 216. 20 20.02cr 1,665.84 76. 6¢� 76. 6@ 49. 60 � ia Jan 1�» Clairns List Fri S:ZB PM City of Mendota Neights '} Temp Check Number 5� , Ternp. Check - Niunber Vendor Naroe Rccount Cade 57 � ;:;ry Totais Ternp Check Nucnher 57 Ternp Check Nurnher 58 58 Mn Chiefs of Police Assr� 01-4404-Q�20-20 58 Totais Ternp Check Number 58 Terop Check lyuraber 5� 59 Minn Pc�lice !4 Peace Dffc Assn 01-4404-02�-20 59 7otais Temp Check Number 59 Ternp Check Nusnber 50 , 6Q+ Motar F'arts 5ervice @f-4330-490-7@ 60 Motar Parts Service 0f-4330-�90-70 60 Mator Parts Service 01-4330-460-3@ 60 Moi:or Parts Service 01-4332�-440-?@ 240 Tatals Temp Check Nurnber 60 Temp Check Number 61 51 hii,nn Sparts Turf Mgr Rssn 01-444�4-Q�70-'7Q� ;� 61 ' Tot�ls Temp Ch�ck Number bf Ternp Check Number 68 62 MOCIC @i-4404-020-2@ Es2 , Totai� Temp Check Number 62 Ternp Check Nurnber 63 63 Minn Recr � park Assn 01-44@4-070-7Q�.,•, __ ' , .' S.S =5 Totals Temp Check Number 63 Tero{s Check Nurnber 64 64 Multimedia Fubl 01-440�-11@-12� Camrnent 5 95 dues 9S dues care credit parts 503 parts parts 2�45 95 dues 95 dues •t 95 dues renewal Page 10 � . � � Arnaunt • . .� 49. 6t� . � . (j 110. @t� ' 110. 0tD /-y y t"� 15. 00 15. 0@ � � 5sd. 0acr � 195. 19 68. 7� �8. 19 � 242. 15 ' � 55. 02� � 55. @2t � '•_.l 15@. 00 150. @@ . i.. � i� � 45. @0 i�_ ; 45. Q�0 � \;,,1 14. 97 13 Jan 19�� Clairns List Fri 1:28 PM City of Mendata Heinhts � '} Ternp Check Nurnber 64 . 'i Ternp. � � Cherk Number Vendar iVarne Account Code _i � 64 iotals Ternp Check Piumber . 6k x� ' Temp Check Number 65 • 65 Natl Valunteer Fire Council 01-4404-03Q�-3@ 65 Totals T�rnp Cherk Number 65 _ Terap Check Nurnber 66 66 Needels Ca 01-4305-070-70 -,� 66 ' Tat�ls Temp Check, Number 66 Ternp Check Nurnber 67 67 Newsweek 01-4402-110-10 -� � -- 67 Totals Temp Check Number 67 '� . Temp Check Number 68 , 68 tJeisc,n Radic+ Camm 07-433fB-Qt00-Q10 68 Tfat�is Temp Check iVt�mber 58 Temp Check Nurnber 69 � 69 Nordfc 01-4330-460-30 fi9 Nardic 0i-4330-490-50 69 Nordic 01-4330-4921-70 207 Tc�tals 7emp Check Number 69 Temp Check 3Vumber ?0 � �0 Northern State Pawer @i-4212-315-30 7@ Northern State F�awer 01-4212-310-50 70 Narthern State Rower 01-k212-310-70;l�.�; 70 IVorihern 8tate Power 2�-42I2-310-6Qf "� 70 Not^therrr State Pawer 01-k212-320-70 �:a 70 Narthern State Power 08-4212-000-00 ?0 Nar°ther» 8taie Gower 4�f-42f 1-3i5-30 70 Narthern State Power 01--4211-310-50 Comments 9S diies solys renewal ,7an rntcn parts parts parts ,7an svc ,�arz svc aan svc ,7 an svc jdYi 5VC jdri 5VG �an svc �an svc . _ _ �_.._�_._ _ _... _. +, _ . . _ . _ ...._..._ __ .._. ---:_._. ._._.. .. _-•-. . - • - - - • . y� `*' . . . - ' . . �s Ra�e ii � Arnaunt 14. 97 40. 0II! k0. tZtO � 169. 34 169. 34 ?3.32 73. 32 62.40 62. 40 98. 25 98. 25 98. 25 294. i5 � 528. 28 525.82 5�5. 83 S�C5.8Z 53. 05 782.87 439. 61 � 13. 49 . �� ' 13 Jen 1��5 Fri 1.28 PM �� Ternp Check Nurn6er ?@ t:� Tetnp. ' Check Nurnber Vendar Narne r�} " 70 Nrrrt her. n St at e Fower 70 Northern State �ower � 70 lVorthern ^�tate Rower 70 NartMern State Fawer ,' :i 840 . Totals Ternp Check Number '•� Ternp Check Nurnber ?1 71 Nartt�ertt State fiower ,'�.Z 71 Narthern 8ts�te �awer 7i t3arthern Staie �ower 71 Narthern 5tate Pawer �'� 284 � Totals Temp Check Nurnber r� Temp Chack Number 72 ;�j 72 Narthern Air Carp ' 72 ttfartherrr Air Carp :...� 144 ' "' Tata2s Temp Check Nurnber �i Ternp Check Number 7s 73 Narwest Bank Mpls �� 73 3�larwest 8�nk Mpls 73 Norwest Rank Mpls 73 Norwest Hank Mpls � 73 Norwest B�nk Mpls �3 Norwest B�nk Mpls 73 Narwest Bank Mpls ; • t --- "' J S S Totals 'iemp Check Nurober "' Ternp Check Nurnber 74 •, 74 Narthwest Chapter FbINAA 74 Totals Temp Check Number Ternp Check 3Vurnber ?5 ,:?a, '''" 75 Oxygen Service Co ^ 75 Oxygen 5erviae Ga � zs�a Tot�ls Ternp Cneck Nurnber Clair»s List City af Mendota Heights Account Code 01-4211-310-70 15-4211-31@-6@ 28-4� 11-0tD0-WfD @1-4211-3@0-50 70 Lni-4^cil-4�0-50 08^4211-000-00 01-4�11-320-70 15-42fi-4@0-50 ?i 4�8-4335-000-00 08-4a35-000-00 ?2 25-4226-Q0@-0Q� aa-��zs-mQa-�m 31-4226--@@0-rLtO 35-4w26-0@0-00 11-4c��6-000-@0 36-4�26-0�0-00 ii-4C26-0@0-00 73 01-4404-@24�-2@ 74 =,, 08-4335-00@-0@ @i-4305-030-30 75 �..- ..._ ..�.. Cammerrt s aan svc �an svc ,�a» svc �an svr �arr svc ,�an svc �an svc aare svc rprs rprs' band fee �� bond fee band fee bar�d fee band fee� bond fee 95 dues act thru 12/31 act thru iz/32 Page �2 Amaur�t 219. 49 219. 49 `36 f . 66 3�3,28 5, 4td4, 69 �54. 56 833. 32 '' 180. 16 9z7. 92 2,195.96 241. l i 252.50 493.61 2@0. @0 200. 00 �C@0. Qi0 C@@.0@ �0@. 00 �00.0@ ^cQ�O. @0 1, 400. 00 7: i G�� Y�� 20. Q+Q� 13. 50 13. 5Qt ��. �� — . r," •h• 13 Jan 1955 - Fri is�8 PM �� Ternp Check Number 75 ' iernp. Check Nurnber Vendc+r Narne Ternp Check Number � ?6 ,�f " 76 Dave Paton 76 Totals Temp Check Nurnber 'iernp Check iUurnber 77 77 P C Magaz ir�e %% Totals Temp Check Number � Ternp Check Nurnber 78 78 Peterson Seed Ca 78 �a Tatais l'emp Ghecic Number Ternp Check Number 79 79 Power �rake Er,trp , 79 Totals iemp Check Number Temp Check Nurnber 80 80 Grir�cipal Mutual � 80 prir�cipal Mutual 8� P'rincipal Mutua2 240 Totals Temp Check Nurnber Temp Check Nurnber 81 81 public Ernpl ftet Assn 81 Publ ic Ernpl Ret Assn 82 Rc.�bi ic Emp2 Ret Assn 8f Pub2 ic £rnpl Ret Assn 324 Tota2s 3emp Check Ptutabee^ ;} � Temp Check Number B� 82 Srad R�gan Inc� 8� Clairns List City af Mer�dota #jeiohts Rrcaunt' Cade @i.-4400-@30-30 7fa Q1-440�-110-iQ� 77 � . 0�.-4305-070-7@ 78 tbi-4330-460-s@ 79 01-2@71 , 01-413,�-020-20 idi-4132-Qt50-5@ 80 05-2@74 mi-4131-110-10 u13-4131-02Qt-c0 0i-4131-050-50 .�' � . 81 01-4330-490-i0 Carnrnent s re ff exp reimb renewal r seed parts C287 � �r� prem �an prem � an pretn �an prern �an prem �an pre � an prern rprs Gaoe 13 [:i�Ii '•�� 233_7k 233. 7k 49. 95 49. '95 f f,0. 00 160. 0k 237. 96 �37. 96 191. 87 10. ].6 20. 26 221. 69 72. 00 �: 9. 00 ' 2 �. 00 . 12.00 205. 0@ 28. 61 28. 61 r 13 Jan 195� ` Cleirns List Fri 1:28 PM City of Mendota Heights Temp Chenk Nurnber 82 Ternp. Check . iUurnber Vendor Name Retou»t Gade Tatals Temp Check Number 8C •:�� Ternp Check Nurnber 83 83 Ryar� Cantracting 88-4460-7Q�2-0Q� 83 7atals Temp Check Number 83 Temp Check Nurnber 84 84 S& T Office F'rad�.tcts 01-4300-Q�3Q+--3tL� 84 • Totals iemp Check Number� 84 Temp Check Nurnber 85 85 Se�rs 01-4308-050-�0 ..; 85 Totals Temp Check Number 85 Ternp Check Nurn�er 86 66 5harnrock Cleaers 01-4410-@20-�0 Sb Totals Temp Check Number 86 Terap ChecFc t�Eumber 87 �, 87 Signal Gar Wash 01-4430-020-c�'0 � a 87 Totals Temp Check Number 87 Temp Cfieck Number 88 88 Sauthv£ew Design 09-4460-000-Q�0 88 Southview Design 08-4335--000-00 176 _ Totais Temp Check Number 88 Temp Gheck Number 89 5��' '' ,� 89 Snyder Drug Store� 01-4305-@�0-50 89 Snyder Drug Stnres 01-4305-070-?0 89 S»yder� Drug 5tares 15-43tD5�-¢�60-6@ 267 Tatals Temp Chack Number 89 Carnraent s re $4-2a splys splys dec svc 98 washes re kens drain tile re ah turf renavation . � splys sp2ys splys P�ge 1 Amount 3, 3@Q7. 93 3, 300. 93 7. 79 7. 75 94. 13 94.13 66. �9 65. 29 2� 050. 13 2, 050. 13 1 � '�c90. 2�0 541. 041 1 � 83i . @@ 16. 77 16. 77 16. 77' SQ�. 3 i � � � � � � r� . .�� r t"} {"} _ ' +;, l �� � �� f`} � � •, C...� r' y � ..:' �? i' � t 13 J�n 1�__ C2airns List Fri 1:28 PM City af Mendata Heights ,} . Ternp Cheek Number 89 • iernp. Check ' Number Ver�dor Name Account Code Temp Check Number 9@ • � '90 Sokkia Systern 05-k305-105-15 50 Taials 'iemo Check Nu�ber 90 Temp Check Nurnber 91 51 Saftw�re Ce12ar @1-201Q� 91 Tatals 7emp Check lVumber 91 ; � Temp Cheek Nurnber� 92 92 State Mutua2 Ins 01-207k 92 St�te Mutual Ins 01-4131-0�0-20 , 184 Tota2s 'temp Gheck Number 92 Temp Check hturnber 33 93 8un Newspaper� 01-44�0-020-20 93 Tc,tais �'emp Check Number 93 , Ternp Check Nurnber 9G � 94 Tapca 0i-4420-050-50 94 7apco 01-4420-050-50 18B Tat�ls Ternp Check Number 94 Temp Check Number 9S 95 7 I E Cornrnunications @i-4330-A90-10 95 T I E Comrnunications 05-4330-490-15 190 Tatals Ternp Check Number �5 : �'. Temp Check Number 96 � 96 'Twin City �ar�ge Dc+ar ca 03-4335-310-50 96 7win City Garage D�or ca 01-k335-.�10-7fD Comments sply� saftware �a» prem .� ,} an p�^etn ernpl ad spiys spYys svc ca12 svc call k rprs rprs Page 15 Amour�t 3@. 83 a0. 83 832. 41 832. A 1 143. 11 265.94 409. @5 147. 25 147. �CS f5f. Q�7� 173. a5 3�4.4� 47. 50 47.50 95. 00 �9. 10 2'3. 10 . . .,,...._ _ - .. '.. .r� - •, • - , - . . .. . _ __. .. -- .. __. _. . .. . . -•- . _ � . . � .. _ . . .. . .. ---__._ . __._.___ _. . � ' 13 Jan 19�� Clairns List Fri it28 RM City of Mendata i-ieights �, Ternp Check Nurnber 96 ' � Temp. � Check " �1 lVumber Vendar lVarae Rccount Gade � 9b Twin City ��raoe Daor ca 15-4335-310-60 96 ?win City 6arage Doar co • Q+1-4335-320-50 ;�y 96 Twin City Gar�ge Doar ca fli-4335-310-70 96 Twin City Garage Dc�or co i.�i-4335-310-6@ S76 Total� Temp Cheak Number 96 .'., Temp Check REumber +37 97 7racy Tripp Fuels @1-1210 ": -- 97 .,,� Total� Temp Ch�ek Number 37 ' Temp Check Nurnber 98 ,� 98 Lfnited Electric Co tL�i-i�Ci@ 98 � Tat�ls i'ernp Gheek Number 98 Temp Check 14umber 99 .��t " 99 United Way 5t Faul @i-2070 '} 99 " Totais Temp Check Nr.imber 99 '� Ternp Check Nurnaer 100 100 Upbeat Inc Q�1-2010 � 100 Total� Temp Check N�imber 100 " Ternp Ci�ecit Nurnbe�^ iQti 1Q�1 ViSion Er�ergy @i-k422-050-u0 101 . , Tatal� Temp Check Ntimber 101 Temp Check Rinrnber 102 .,•, 102 Darance Wicks � 02-A410-Q�20-20 �`� h x+�2 Totals Temp Check Number 1@2 i11�6 � ... . . . ... . Cc�mraer,t s rprs rprs rpr� nl fuel Iighting �ar� contr recycle splys splys k exp reirnb Page 16 Amaurit 29. 15 88. 76 88. �6 88. 76 353. 63 3a iQ�0.7$ 3, 100. 7$ 233. 24 233. 24 1A5. 15 145. 15 3, 2�►2. 88 3� �4�. 88 � 8. 72 18. 7^c 89. 99 89. 99 853,'�05. 8'3 ' � - � � �-- ' ""_ -._ . . :..,. . . .- , r. .n r ., ; MANUAL CHECKS 15058 605,78 U S Post Office 15059 25.00 Washington County 15060 25.00 Ddkota County 15061 5,000.00 Stewart Title 15062 i58.63 'State Mutual• 15063 3,306.08 State Capitol C U 15064 300.00 MpCA 15065 .i3.84 PERA 15066 9,024.86 " 15067 984.43. ICMA 15068 813.00 Minn Mutudl 15069 405.00 Minn State Retirement .15070 '50.00 Great West L & A' � 15071 256:80 Cakota County 15072 555,OU' Gakota County Bank 15073 3,623.58 6pmpjssioner of Revenue 15074 . 173.10 Kim Blaeser • 15075 15,763,1� Ddkota Coanty Bdnk 15076. 50,i96.27 Fayroll�a/c� • .------ �-..._... • 91,279.51 G.T. 945,185.40 sewer bill� notary renewal notary renewal Re Mendota Meadows Jan prem adj• 1/6 payroll regr pw wkshp 1/6 payroll ., �� �� �� �� �� a �� N H � � 0 r r l Y, � . .t CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council and City Ad ' FROM: , 7ames E. Danielson, .E Public Works Director SUBJECT: Mendota Heights Road Street Vacation January 12, 1994 �� Mn/DOT acquired the right-of-way for Mendota Heights Road as part of their I-494 construction in order to provide alternate street access to the homes in the area. At Mendota. Road's intersection with Dodd Road it curves slightly northward and would have left a small unusable piece of land so they acquired more right-of-way than needed for the roadway (the part to be vacated). RECOMMENDATION• fi The small triangle of Mendota Heights Road right-of-way adjacent to the Mendota Meadows, as shown on the attached map, is excess and should be vacated and returned to private ownership for maintenance purposes. ACTION REOUIRED: Conduct the required public hearing to consider vacation of the portion of Mendota Heights Road right-of-way as shown on the attached map. If Council then concurs with recommendation they should pass a motion adopting Resolution No. 95- , RESOLUTION APPROVING VACATION OF A PORTION OF MENDOTA HEIGHTS ROAD STREET RIGHT-OF-WAY. JED:dfw City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 95- "1 ., APPROVING VACATION OF A PORTION OF MENDOTA HEIGHTS ROAD STREET RIGHT-OF-WAY WHEREAS, the City of Mendota Heights is the current record owner of right-of-way as described as follows; and That part of Mendota Heights Road, within Section 35, Township 28 North, Range 23 West, lying south of a line distant 40 feet south of the centerline thereof and east of the .east li.ne of Dodd Road, Dakota County, Minnesota. � WHEREAS, a notice of hearing on said vacation has been duly publishe�i and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable Minnesota Statutes; and WHEREAS, a public hearing was held on said vacation on 7anuary 3, 1995 at 7:45 o'clock P.M., or as soon as possible thereafter, at the City Hall of the City of Mendota Heights; and WHEREAS, the City Council then praceeded to hear all persons interested in said vacation and all persons were afforded an opporiunity to present their views and objections to the granting of said petition. NOW T�REFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: ' 1. That the vacation of the right-of-way described above, situated in the City of Mendota Heights, is in the best interest of the public and the City, and is not detrimental to the health, safety and welfare of the community. 2. That the above described right-of-way be and the same is hereby vacated. 3. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials a notice of completion of these vacation proceedings, all in accordance with the applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights 's 3r da.y of January, 1995. CITY COUNCII. �� CITY OF MENDOTA HIIGHTS : ATTPST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor �� � / .. ' . . �: - � . • � .. . ' • .. 't.../'.i•`•�.��.•_i,F +��'.��.'"'f ,�Y�. 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' ��n ' . . �� . p . ti . - � � a`L a`L 4 0� � � _: ,,,_:o � " .., - . �O, 2�0• . 0 �Rj� � ��.�;-Q :Q � �, ' . � •� �' ' '� � a�� . • �'� r� � �cL. �., ="�d' o. . I� ;.. . .. 5; . o ' . . _ : . .. o. I�.� � � ...' .:� . - , . ,j �m. . .. � .. � ..,:, :` . ,�.. �! _— — � l0�_63 ' — — — 95.:-i3� `. �. _ . � — — -- �.. - . M89° 53' i2" W 470. i6 � ���� . CITY OF MENDOTA HEIGHTS 1VIII�ZO January 13, 1994 TO: Mayor, City Council and City A FROM: 7ames E. Daniels , and Kevin Batchelder Public Works D' Administrative Assistant SUBJECT: Mendota Meadows . Rezoning, PUD and Fina1 Plat Case No. 94-25 �� DISCUSSION: Mr. John Mathern, Mendota Homes, appeared before the December 20, 1994 City Council meeting to present his Mendota Meadows Townhome proposai as modified to exclude the Day Care Facility. At that meeting Council reviewed the plan with Mr. Mathern and accepted comments and questions from the audience. There was a generai consensus of the Council that Mr. Mathern's amended proposal, with some minor changes, was acceptable. He was asked to make those changes aad staff was directed to prepare the appmpriate resolutions for approval of the proposal. The issues that need to be addressed are as follows: • Rezoning from R 1 to MR-PUD • Final Development Plan Approval and a Conditional Use Permit for a Planned Unit Development • Final Plat Approval • Developer's Agreement • Land Transaction Approval (purchase of Outlot B from R. Putnam and resale to Mendota Homes) • Public Improvements • Vacation of excess Mendota Heights Road right-of-way public heari.ng Rezonin� The rezoning from R-1 to MR PUD does need to occur as developments need to be consistent with their underlying zoning. As reviewed by City Council on I3ecember 20, 1994, the impervious surface and densiry requirements of the MR PUD guidelines have been met. Rezoning needs to be approved by a 4/5 majority vote. Conditional Use Permit for Planned Unit Development On December 20, 1994, the City Council granted concept approval for the proposed PUD plan. The PUD Ordinance requires both Preliminary Development Plan Approval and Final Development Plan Approval. Final Development Plan approval may occur in lieu of Preliminary Plan Approval, as per Section 22.8 and that is the approach being proposed for Mendota Meadows. Final Development Plan approval requires a 4/5 majority vote by City Council. Approval of a Developer's Agreement must be listed as a condition of Final Development Plan Approval. This condition has been included in the proposed CUP resolution that has been attached. The grading plan has been modified to remove the reference to 10 � maximum driveway grades and all driveways are now 8� or less. A landscape berm has been added along Mendota Heights Road behind Units 1-4 in Black 2. Staff has researched the Planning Commission's site plan concems and they have all been addressed in the final plans, as revised. �nal Plat �- A final plat has been submitted to implement the Planned Unit Development as proposed. The plat contains all the appropriate easement and right of-ways including a tria.ngle added at the intersection of Trunk Highway 149 and Mendota Heights Road for ease in construction of a possible free right turn lane. Developer's Agreement/Conservation Easement Attached are a proposed Developer's Agreement and Conservation Easement that were reviewed by Council at their 7anuary 3, 1995 meeting. City Attorney Hart has also reviewed and amended the documents to meet with his approval.. Land Transaction Council has previously approved of a purchase agreement with Mr. Richard Putnam for the City to acquire Outlot B. The closing date for that agreement was set to be no later than 7anuary 20, 1995, however a closing date has not yet been established. Public Improvements Mr. Mathem has indicated that he intends to petition the City to design and construct the public improvements for this development. That petition will be put before Council at its next meeting. City Engineeri.ng will then proceed to design and construct the street and utilities to serve the site. The design will include lighting, which will be the City's Standard Ornamental Lighting and will he put before Council for review and approval once a layout has been determined. All costs for the project will be assessed back against the townhomes. Street Vacation Mn/DOT acquired the right-of-way for Mendota Heights Road as part of their I-494 project. Because the lacation of Mendota Heights Road would have left an "add" shaped piece of property at its intersection with Trunk Highway 149, they acquired a larger area than needed. Tlus excess right-of-way needs to be vacated and made part of Outlot B for maintenance purposes. The hearing considering that vacation should be conducted immediately following these praceedings. ACTION RF.QUIItED: Review the proposai with the applicant, make aay final �changes or conditions and then if Council desires to approve the proposal, pass motions adopting the following: I f� 1. Resolution No. 95-_, RESOLUTION APPROVING REZONING FROM R-1 TO MR-PUD A1VD A CONDITIONAL USE PERMIT FOR A PLANNED iTNIT DEVELOPMENT FOR MENDOTA MEADOWS 2. Resolution No. 95-_, RESOLiTTION APPROVING THE FINAL PLAT FOR MENDOTA MEADOWS 3. Accepting and Approving the Developer's Agreement and authorizing the Mayor to execute the agreement on behalf of the City. 4. Approving the conservation easement. 1' � I.�: �_ �� � City of Mendota. Heights Dakota County, Minnesota RESOLUTION NO. 95- RESOLUTION APPROVING REZONING FROM R 1 TO MR-PUD AND A CONDITIONAL USE PERIVIIT FOR A PLANNED iTNIT DEVELOPMENT FOR MENDOTA MEADOWS WHEREAS, Mr. John Mathern, Mendota Homes, has applied for a rezoni.ng from R-1 to MR PUD for the 10. 83 acre site located in the southeast quadrant of Dodd Road- (Trunk Highway 149) and Mendota. Heights Road; and WHEREAS, Mr. Mathern has also applied for a Conditional Use Permit for a Planned Unit Development to allow for construction of a thirty-six (36) unit townhouse project together with a day care facility; and +� S, the Mendota Heights Planning Commission conducted the required public hearings to consider Mr. Mathern's proposal at their August 23, 1994, September 27, 1994 and October 25, 1994 meetings; and WHEREAS, based upon concerns for the public health, safety and welfare and the following specific requests: 1. It fails to meet the impervious surface requirements of Section 22 and in fact exceeds them by 20 percent (22.1B). 2. It fails to meet the density requirements of Section 22 utilizing for that purpose the calculation process of Section 22.3(3) and applying the MR PUD requirement of not more than four units per calculated acre. 3. Even assuming that a variance from the impervious surface requirements and/or the density requirements of Section 22 was permitted, the applicant has presented no evidence of hardship and in fact has advised the Planning Commission that his failure to meet those requirements is entirely for the ' economic advantage of additional units which Ordinance clearly indicates is not a justification for variance. 4. It is the finding of the Planning Commission based on the evidence before it that the traff'ic generated by a proposed day care center to serve 117 children and the proxi.mity of its entrance to Trunk Highway 149 is inconsistent with the maintenance of public safety and health at the intersection of Mendota Heights Road and Dodd Road, and in fact increases a public safety problem. 5. There is a clear lack of any hard evidence before the Planning Commission to support the requirement of Section 22 that adequate funding is available to the applicants to complete the project. the Planning Commission voted unanimously to recommend denial of the request; and WHEREAS, the City Council at its November 15, 1994 meeting based upon the Planning Commission's recommendation, voted to deny Mr. Mathern's request, but allow him to make a new revised application directly to the City Council that would remove the Day Care facility; and WHEREAS, Mr. Mathern has now submitted a modified plaa that eliminates the Day Care facility and meets the City's impervious surface requirements and density requirements; and �' WHEREAS, this finai plan is an effective and unified treatment of the development possibilities and preserves the unique natural amenities of the area; and WHEREAS, this final plaa has been designed to harmonize with the surrounding adjacent area; and WHEREAS, appmpriate financing is available to assure completion of the plan. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mendota Heights appmve Mendota Homes' request to rezone the 10.86 acre parcel located in the southeast quadrant of Dodd Road (Tiunk Highway 149) and Mendota Heights Road from R 1 Residential to MR PUD Medium Density-Planaed Unit Development and grant a Conditional Use Permit for a Planned Unit Development for Mendota Meadows according to the plans submitted and dated 7-28-94, as revised on 8-4-94, 9-9-94, 10-11-94, 11-11-94, 11- 23-94, 12-20-94 and 1-6-95, with the following condition: 1. Subject to approval of the terms and conditions within the Developer's Agreement for this project. Adopted by the City Council of the City of Mendota. Heights this 17th day of January, 1995. CITY COUNCII. CITY OF MII�TDOTA HIIGI3TS i� ATTEST: Charles E. Mertensotto, Mayor City of Mendata Heights Dakota County, Minnesota RESOLUTION NO. 95- !i � � ♦ ! ! � � � � � � � � � i 1 1 � I� 1� • i 1 � WBEREAS, a iinal plat far Mendotai. Meadows Addition has been submitted to the Council; and �'VHERk:AS, the City Council has reviewed said fu�a1 plat. NC.�W T.��R]E'.FORE IT IS HT1tEBY I�►]CSQLVED, by the City Counci� of the City af Mendota Heights, Minnesota, as follows: 1. That th� final plat of Mendota Meadows Addition submitted at this meeting is hereby appmved. 2. Tbat the appropriate City officials be and they are hereby authorized to execute the final plat on behalf af the City af Mendota. Heights. Adopted by the City Council of the City of Mendota Heights this 1'7th day of J'anuazy, 1995. • i • � �r N � � �N 1?y Charles E. Mextensotto, Mayor Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY.iVIINNESOTA CONTI2ACT FOR TOWNHOME DEVELOPMENT TffiS AGREEMENTanade and entered into this day of , 1994 by and between the City of Mendota Heights, Dakota County, M'innesota, (hereinafter called the "City") and Mendota Homes, 316 Chester Street, St. Paul, MN 55107 (hereinafter called the "Developer"). WITNESSETH: WHEREAS.�eveloper proposes a plat for a thirry-six (36) unit townhome development in Mendota Heights to be known as Mendota Meadows, consisting of 10.83 acres located in the southeast quadrant of Dodd Road (Trunk H'ighway 149) and Mendota Heights Road, in Mendota Heights, M'innesota; and WHEREAS.-public services are needed by the Developer from Mendota Heights in order to proceed with said development; NOW TSEREFORE�it is hereby agreed by and between the two parties as follows: 1. Developer will petition the City for needed public improvements (Sanitary Sewer, Storm Sewer, Waterma.ins, Streets, Sidewalks and City Standard Decorative Street Lights). Developer agrees to pay $5,400.00 escrow to the City as per Ordinance No. 1503. Escrow to be refunded upon successful completion of the project. Street lights, after they are installed, will be maintained, in all respects, by the Homeowner's Association to include energy costs. 2. Developer will provide at no cost to the City all needed temporary construction easements to install said improvements and those permanent, right-of-way easements, necessary for said public improvements. 3. Developer will proceed immediately to commission a registered land surveyor to place and maintain enough lot corner to that street enterlines and all utilities can be located by City Staff. ��� 4. Developer agrees to grad ite and place minimum basement elevations according to the grading plan dat 7uly 28, 1994, as revised 8/4/94, 9/9/94, 10/11/94, 11/11/94 and 11/23/9 , d protect the environment by establishing and keeping in place erosion controls at all times. Minimum erosion control requirements will consist of top dressing, seeding and mulching of disturbed areas within 30 days of site work completion or as soon as feasible in the spring, as well as the use of a sump area followed by a double row of silt fences where concentrated surface water runofftakes place (per grading plan). The Developer agrees that he will satisfy any State requirements for a grading permit. 5. Developer acknowledges that there will be park contribution due to the City as per Ordinance 301, Section 6, as amended by Resolution 92-94. That contribution is to be $750 per lot or $27,000 and is payable prior to the Mayor signing the final plat. 6. As part of the grading operations, the Developer shall stockpile 1,000 cubic yards of topsoil for use by the City in boulevard restoration. 7. If and when there is an excessive buildup of mud pr dirt on existing City streets as a result of grading or building operations, the Developer shall have the affected streets swept by mechanical means, at the direction of the City, should the Developer fail to comply with a City request, the City will order the work done and its cost will be deducted from the Developer's escrow. 8. It is further agreed that the Developer will furnish the City of Mendota Heights a corporate surety bond, certified check, certificate of deposit, or irrevocable letter of credit to cover 150% of the estimated cost of the site landscaping, erosion control and grading. 9. No occupancy of any building in said plat shall occur until water and sanitary sewer improvements have been installed, inspected and accepted by the City and by St. Paul Water utility and are available for use. 10. The provisions of this Agreement shall be binding upon and enforceable against the Developers, their successors and/or permitted assigns, of the property described herein. Notwithstanding the foregoing, this Agreement shall not be assignable by Developers to any third party. 1 l. In the event that the City initiates litigation to enforce performance of Developer's obligations hereunder, the City shall be entitled to reimbwsement of all costs and attorney fees incurred in connection therewith, whether incurred prior to or after entry of judgement. 12. The Developer agrees to purchase Outlot B from the City for $30,000.00 to be paid at the time of final platting. Outlot B will be controlled with ceni easement that addresses maintenance of the lot. 13. The Developer agrees to landscape and maintain Outlot A(the holding pond) in all respects, except for, as it relates to its storm water holding capacity. � f �� � :� : f f� • � E� � :f � : Charles E. Mertensotto, Mayor Its M. Thomas Lawell, City Admirristrator f� JAN-lo-95 FRI 13:57 CONSERVATION �ASEMENT AGREEMENT P . 0 2 '' THIS AGREEMENT made this day of , 1995, by and between MENDOTA HOMES, INC., a Mianesota corporation ("Grantor"}, and the C�TY OF MF.NDOTA HEYG�iTS, a municipal corporaaon (hereinafter called the "City"). WITNESSETH: That the party of the first part, in consideration of ONE DOLLAR AND OTBER �� GUOD ANll 'VALCI'ABLE CONSIDERATION to it in hand paid by the City, the rece.ipt of which is hereby acknowledged, does hereby grant, quitclaim and convey unto the City, its successors and assigns the following: A permanent conservadon easement (the "Easement") of the nature and character and to the extent and for the pvrposes set forth below in, upon, over and across all that land lying and being in the County af Dakota, State of Minnesota, and legally described as follows: Outtot B, Mendota Meadows located in Section 35, Township 28 North, Range 23 West, Dalcota County, Minnesota (the "Land"). The fallowing covenarits and restrictions are hereby incorporated into the terms of the Easement and shall run in favar of the City: 1. The pardes agree that it is in the public interest to retain the 1�and predominantly in its natural, scenic, open or wooded condition, or as a suitable habitat for wild life. Gra.ntor has granted the Easement to the City for the foregoing purpose. 2. Without limiting the generality of the foregoing, Developar agrees as follows: a. Developer shall not construct or install, or cause or allow to bc constructed or installed on the Land, any structures or other im,provements of any nature whatsoever, ' JAN-13-95 FRI 13:58 P _ 03 including without limiting any permanent and temporary trailers, fences, advertising signs, road or hard surface improvements without the prior written consent of the City. b. Developer shall not cause or allow any dumping or placing of soil or other substance or material as tandfill, or dumping or placing of trash, waste or unsightly or offensive ! I materiai on the Land. ' 3. DeveIoper shall retain the topography of the Land in its natutal condition, and no grading alterations, excavation or topographic changes shall be made unless authorized in writing the City. 4. Developer may plant vegetation on the Land that is indigenaus to the �.and and appropriate to the natural environment. Developer may maintain vegetation on the Land in arder to grevent disease. 5. Develoger shall not engage in, or allow others to engage in any activities determined by the City to be detrimental to drainage, erosion conErol, soit conservabion, or wild life habitat preservation on the Land. 6. The City will be allowed to construct at its cost an entrance monument to be �� located on the I.and along Dodd Road (TH 149} at a specific location to be selected by the City. � � Developer shall maintain the landscaping around the monument in good conditian at its cost; 9 maintenance of the monument itself will be the City's resgonsibility. 7. Developer shall remove the under brush from the wooded area at least three times per year. 8. This Conservation Easements shall run with the Land. The covenants, promises, duties and obligations of the Developer hereunder shail be binding upon the successors and , � assigns of the Develaper. Developer shall not assign its obligations hereunder without the City's -2- J A N- 1 3- 9 5 F R I 1 3� 5 9 P _ 0 4 ` prior written consent. No such assignment shall relieve Developer from its liability hereunder. The terms hereof shall inure to the benefit of the successors or assigns of the City. 9. Tn the event that Developer breaches or fails to perform any of its cavenants, obligations, duties or promises contained herein, and such breach or failure cantinues for a period of thirty (30) days after written notice thereof firom the City, the City may take any step to cure such breach or failure and the cost thereof may be assessed, without notice to Developer or public hearing, against the Land. In addition, in the event that the City is forced to initiate litigation to enforce its rights hereunder and/or the performance of the Dcveloper's covenants, obligation, duEies or promises contained herein, the City may recover all costs and expenses, including without limitation attorney's fees, paid or incurred by the City in connectian with such latigation. IN WITNESS WHEREOF, the said parties of the first part have caused this Agreement to he executed as of the date and year first above written. MENDOTA HOMES, INC. By: ��: By: Its: -3- `� J't�N— 1�—'95 FR I 1 a: 5'9 � STAT'� OF MINNES4TA ) �'� } :ss COiJNTY O� DAKOTA } P _ e5 The foregoing instrument was acknowledged before me this day oF , 1995, 6y artd , the �,d of Mendota Homes, a Minnesota corparation, on behalf af the corporation. THIS TNSTRUMENT WAS DRAFTED BY: CITY OF MENDOTA HEIGHTS 1141 �ICT4RIA CURVE MENDOTA HEYGHTS, MN SS � 1$ sre: ia7oa�.t _4- �� Section �. This Ordinance shall be in full force and effect from and after its publication according to law. Enacted and ordained into an Ordinance this Seventeenth day of January, 1995. . . Adopted by the City Council of the City of Mendota Heights this 17th day of January, 1995. CITY COUNCIL CITY OF MENDOTA HEIGHTS By ATTEST: Charles E. Mertensotto, Mayor �� Kathleen M. Swanson, City Clerk . � J� J t `t� �r � � � �� i I ��' �a� City of Mendota Heights Dakota Counry, Minnesota RESOLUTION NO. 95- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED iJNIT DEVELOPMENT FOR MENDOTA MEADOWS WH��REAS, Mr. John Mathern, Mendota Homes, has applied for a Conditional Use Permit for a Planned Unit Development to allow for construction of a thirty-six (36) unit townhouse project together with a day caze facility; and ' WHEREAS, the Mendota. Heights Planning Commission conducted the required public hearings to consider Mr. Mathern's proposal at their August 23, 1994, September 2?; 1994 and October 25, 1994 meetings; and WHEREAS, based upon concerns for the public health, sa%ty and welfare and the following specific requests: 1. It fails to meet the impervious surface requirements of Section 22 and in fact exceeds them by 20 percent (22.1B). � 2. It fails to meet the density requirements of Section 22 utilizi.ng for that purpose the calculation process of Section 22.3(3) and applying the MR-PUD requirement of not more than four units per calculated acre. 3. Even assuming that a variance from the impervious surface requirements and/or the density requirements of Section 22 was permitted, the applicant has presented no evidence of hardship and in fact has advised the Planning Commission that his failure to meet those requirements is entirely for the economic advantage of additional units which Ordinance cleazly indicates is not a justification for variance. 4. It is the finding of the Planning Commission based on the evidence before it that the traffic generated by a proposed day caze center to serve 117 children and the proximity of its entrance to Trunk Highway 149 is inconsistent with the maintenance of public safety and health at the intersection of Mendota Heights Road and Dodd Road, and in fact increases a public safety problem. 5. There is a clear lack of any hard evidence before the Planning Commission to support the requirement of Section 22 that adequate funding is available to the applicants to complete the project. � the Planning Commission voted unanimously to recommend denial of the request; and � � WHEREAS, the City Council at its November 15, 1994 meeting based upon the Planning Commission's recommendation, voted to deny Mr. Mathem's request, but a11ow him to make a new revised application directly to the City Council that would remove the Day Care facility; and WHEREAS, Mr. Mathem has now submitted a modified plan that eliminates the Day Caze facility and meets the City's impervious surface requirements and density requirements; and WI�REAS, this final plan is an effective and unified treatment of the development possibilities and preserves the unique natural amenities of the azea; and WHEREAS, this final plan has been designed to harmonize with the sunounding adjacent area; and �� WHEREAS, appropriate financing is available to assure completion of the plan. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mendota. Heights grant a Conditional Use Pernut for a Planned Unit Development for Mendota. Meadows according to the plans submitted and dated 7-28-94, as revised on 8-4-94, 9-9-94, 10-11-94, 11- 11-94, 11-23-94, 12-20-94 and 1-6-95, with the following condition: 1. Subject to approval of the terms and conditions within the Developer's Agreement for this project. Adopted by the City Council of the Cifiy of Mendota Heights this 17th day of January, 1995. CITY COUNCIL CITY OF MENDOTA HEIGHTS : AT"TEST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto,. Mayor � �� � �� ,�»��s CONSERVATIUN EASIIV�NT AGREIIVI[PN'r TffiS AGREIIVII±�NT made this day of , 1995, by and between MENDOTA 80MFS, 7NC., a Min.nesota Corpc�ratian ("Grantor"}, and the CITY'"OF MENDOTA HEIGHTS, a municxpal corporation (hereinafter called the "City"`). WITNESSETH: That the party af the first part, in consideration af ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION to it in hand paid by the City, the receipt of F which is hereby acknowledged, does hereby g►rant, quitclaim and convey unta the City, its successors and assigns the following: A permanent canservation easement (the "Pasement") af the nature and character and to the extent and for the purposes set forth below in, upon, aver and across all that land lying and being in the County of Dakata., State of Minnesota., and legally described as follows: Outlat B, Mendota. Mea.dows located in Section 35, Townshi�p 2$ North, Range 23 West, Dakota County, Minnesota (the "Land"). The following covenants and restrictions are hereby incarpor�ted irnto the terms of the Easement and shall nzn in favor of the City: 1. The par�ies agree that it is in the public interest to retain the Land gredominantly in its natural, and open cflnditian. Grantor has g�ranted the Easement to the City for the foregoing purpose. 2. Without limiting the generality of the foregoing, Developer agrees as follows: a. Devaloper shall nat construct or install, or cause or allow to be canstructed or installed on the Land, any stn�ctures or ather impmvements of any nature wbatsoever, incl.uding without limiting any permanent and temporary ttailers, fences, advertising signs, road or hard . , surface improvements without the prior written consent of the City. � b. Developer shall not cause or allow any dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive material on the Land. 3. Developer shall retain the topography of the Land in its natural condition, and no gradi.ng alterations, excavation or topographic changes shall be made unless authorized in writing by the City. 4. Developer may plant vegetation on the Land that is indigenous to the Land and appropriate to the natural environment. Developer may maintain vegetation on the Land in order to prevent disease. 5. Developer shall not engage in, or allow others to engage in aay activities determined by the City to be detrimental to drainage, erosion control, soil conservation, or wild life habitat preservation on the Land. 6. The City will be allowed to construct at its cost an entrance monument to be located on the Land along Dadd Road (TH 149) at a specific location to be selected by the City. Developer shall maintain the landscaping around the monument in good condition at is cost; maintenance of the monument itself will be the City's responsibility. 7. Developer shall remove the underbrush from the easement area on three different occa.sions in each calendar year. The express purpose of this provision is to maintain the easement and wooded area to prevent this from becoming a dense, overgrown and unsightly area. 8. This Conservation Easement shall run with the Land. The covenants, promises, duties and obligations of the Developer hereunder shall be binding upon the successors and assigns of the Developer. Developer shall not assign its obligations hereuader without the City's prior written consent. No such assignment shall relieve Developer from its liability hereunder. The terms hereof shall insure to the benefit of the successors or assigns of the City. 9. In the event that Developer breaches or fails to perform any of its covenants, f� obligations, duties or promises contained herein, aad such breach or failure continues for a period of thiriy (30) da.ys after written notice thereof from the City, the City may take any step to cure such breach or failure and the cost thereof may be assessed, without notice to Developer or public hearing, against the Land. In addition, in the event that the City is forced to initiate litigation to enforce its rights hereunder and/or the performance of the Developer's covenants, obligation, duties or promises contained herein, the City may recover all costs and expenses, including without limitation attorney's fees, paid or incurred by the City in connection with such litigation. IN WI'1'NESS WHEREOF, the said parties of the first part have caused this Agreement to be executed as of the date and year first above written. MENDOTA HOMES, INC, By: Its: By: Its: �' STATE OF 1�IINNL�SOTA ) ):ss COUNTY OF DAKOTA ) The foregoing instrument was acl�owledged before me this da.y of , 1995, by and the and of Mendota Homes, Iac., a Minnesota Corporation, on behalf of said corporation. THIS INSTRUMENT WAS DRAFTED BY: CITY OF MENDOTA HIIGHTS 1101 VICTORIA CURVE MENDOTA HIIGHTS, MN 55118 CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council and City January 12, 1995 Administ o FROM: James E. Danielson, Public Works Direc or SUBJECT: Case No. 94-39: Ma.nafield DISCIISSION Variance/CAO r� Mr. and Mrs. Robert Ma.nsfield appeared before the Planning Commission at their December meeting to present a request for a five foot (5') side yard variance and, because the home is located within the Critical Area, that review was to also be conducted. At the meeting, the Planning Commission expressed concerns about the request because of a nearby tree, the neighbor's driveway that is constructed on the lot line and drainage. The Planning Commission did not feel a hardship was demonstrated and voted to recommend denial. Since the Planning Commission meeting, I have spoken with Mrs . Mansfield and ahe reaffirmed their atrong desire to convince the City to allow their variance. Upon her reviewing the Ordinance again, she admits that they may have a weak se for a hardship, however, she feels they do have a case for a ctical difficulty, which is also allowed. She also indicated t at the size of the variance could possibly be slightly reduced. . Q%,�, t�C �t� RECONIl�NDATION The Planning reques t f or a f ive i about proximity of tree. The Planning hardship and voted request to the City ACTION RE4IIIRED ��1 Commis�on, upon reviewing the Ma.nsfield's oot (5 ) side yard variance, had some concerns a neighbor's driveway, drainage and a nearby Commission felt that there was no demonstrated 5-1 (Lorberbaum) to recommend denial of the Council. Review the request for a five Critical Area Review (meets all the requirements) with the applicant implement the Planning Commissio denying the request. _ JED : kkb f oot ( 5' ) s ide yard variance and Critical Area Overlay Ordinance and then if Council desires to n recommendation, pass a motion IXe'isi=Ft�i: i i'i3? CONSULTING PLANNERS ' LANi3SCAPE ARC3-iiTEC'iS 3O(i �[R5T AVENUE IJOI2TH SUITE 21O I412NIVEAPOLIS, MN �;?�tl! bt2•3.39�330t) PLA.rt��IIl�TG REPOItT DATE: � CA�E RTQ: APPLIC�1�t'T: , L{}CAITON: ACTION P`�:QTJ�EST.ED: PREPARED BY: • ` PIrANNIl�TG CUNSIDERATIONS Background December 29, i994 ., . Robert h�ansfietd 1340 t�tia,chtler Avenue Vari�nce Sid� Yacd C. Jabn Uban � ,;. Mr. Rob�t 11ti�elci of I300 Wachtier Avenue desires to buitd a diining roam addition on the north side of his home. B�ding this addition oa the rear of the hona.e is more diffiicult due to a pool, a deck � with a spa and me�hanical equipment consu�ning the rear yard. This properiy is atso in the Criticat Area Over�ay District and t�his applicatian will hav� to receive M,�dified Site Plau revievcr when it appears oa the City Council's agenda. The P�a�aning Commission shouid conduct an iufarmal review of the Critical Area standards to assist council in its review. Because this is an addition between two e�nsting homes, there appears to be no impact to the Critical Area. standards. The Site Plan as submitted did not show the adjacent neighbar's praperiy to the north. This property would be the most affected. Based on the CrIS data. shown on the Area Mag enctosed with the Plannexs Report, the home to the natth is setback 10 feet and has aa extended drive way right up to the adjacent praperty line and to the edge of the garage. There is some fencing atong the property ._ Une as well. The drive way in this sifuation notmally requires adherence to City setbacks but may � havs been ir�talted before drive way setbacks were included in #he Ordinance. FIowever, there shoutd be some concem with drainage and saow stora.ge on the area between the two homes. All signatures of cansent have been reviewed and the Planning Com�missian may consider waiving the public hearing. • � December 29, 1994 Case 94-39 Page 2 Critical Area Overlay District Modified Site Plan Review In the case of a minor development or change involving a single family dwelling when the site plan conforms to the standards of the Critical Area Overlay District, the City Council may review that request and exempt the applicant from applying for atty inappropriate requirements of this Ordinance. The Ordinance requires significant amount of inforn�ation pertaining to the total site and constcuction, much ofwluch may not have a significant bearing on the approval. The site itself actually sits at the base of the large hill that falls from Rnollwood Lane down to Wachfler. The home and its addition is not viewed from any sensitive area in the Critical Area. Submitted plans did not show any vegetation to be removed nor atty significant grading or change ia the flow of water. Because of the extensive steep slopes that do drain down from the east, it would be wise to make.sure that the drainage between the two homes, especially with the proposed addition, is handled appropriately. This drainage iavestigatioa would be an appropriate piece of information to be presented to the City Council for their review. ' Side'Yard Variance The required side yard setback is ten feet and the request is for a setback of less than six feet and as dimensioned oa the submitted plans, the side yard setback is proposed to be five aad one half feet. The plans locate the home and other• site features but does not indicate how the architectural lay out of the home interior would require the addition in this particular location and configuration. The City's Pool Ordinance requires the building to be setback ten feet from the edge of the pool. Based on the submitted site plan, approximately sevea and one half feet of home addition is available �� on the rear of the home with the required pool setback. The plan also indicates that the home is setback approximately 18 feet from the side yard. An additiott of eight feet in depth could be added without requiring a variance. The home dining room addition may have an alternative design by adding both to the north and east sides of the house approximately seven to eight feet in depth creating an expanded corner to the home. Because no architectural plans were submitted, the applicant may want to explain to the Planning Commissioners the need for the addition as they have presented it. The Mansfield home is setback 65 feet from Wachtler and the adjacent neighbor to the north is setback between 95 to 105 feet from Wachtler. The proposed addidon will actually set slightly in front of the home and garage when viewed from Wachtler. Because the adjacent home to the north has built an extended driveway up to the properiy line, the addition would leave only about five feet of open space between the two home developments. The proposed addition does not have any windows facing the neighbor to the north and there should not be an issue of restricted privacy. The proposed addition is one story with gabled roofs with an � eave that is projected to extend between one and two feet into the proposed reduced side yard setback. The building material is proposed to be siding material to match the existing home. No landscaping was proposed nor any augmentation to the drainage pattern between the two adjacent homes. The reducing of the side yard setback five feet for the entire length of the addition should be .. � . y 1 December 29, 1994 Case 9¢39 , Page 3 � looked at caiefully because of the neighbor's full use of their adjacent side yard for the storage of � . vehicles, These twa adjacent homes are setback well &om�Wachtter and the geaeral public will pr3abably not have a direct view of this coadition. Without seeing more detaited architecturat plans it woutd be hazd to detecmine whether alternatives woutd be £easible. Action • . Review applicant's request and make recommendation on variance and the modifi� site plan review by City CouaciL :� � � � '� � � .l ' , .. l � � l `'`�'f � � /�/ , ,� � J -, / � . � f/%•�/'- ) . � c � / � , , � -J,�' �)1 �'� --� , (� r � ,,.1 � �-.%.-� 1i � , , . ., � , . r ,1� , � , .,,, \ � // / � \ ` � � "� h f ,- "� /`f � � / �''��/�/ r --. \ � � � ' � ''� f/ � � 1 / / �i.- ''� � � � �" a � ' / ' fl�—''-� � �� , ` / 1 /t jrJ � � , � j l / 1� � r� � � 1 . ��� � � �� � � .I � / i��//, � . _ � � c � f ��/ % ��> > � r �� i �i ��//' f � a �r 1�����% �� f''i�f�/ � � / � / �f � � l�� 1 � f 1 � f , //r � 11 �l r � � 1 �� � l � � f � �� t . � � � `„ �. �� .....,1 /'/ ..�� � �"�.,, �,,A • r ��% %/ r r �% � / ,�'f r/ r . i , G �/f�r, / ��- ./--� ,� � ,- � / i . r�1� �� �'�' -�'� r < � i i J� f/�� 1 � � � �/ �' '�,� L C ` � l �' / ,�, ,� ll �.. � , c� � �._ l ./ / � � /f',.- � `----.. ...: � '-- � ! � '.` � �a . �� � �� f �l � ` ``, � `- — / %� � � �•,•�` ` . /< 1 i`� 1`�,..`�'�,`�,,, t o,1 � � > � �� � .��`�. �,,.-�fj �.r'" / '�'�% � J � ,�.,,< �� M �'' / �'"/� ,,,. V � �o �N.D4T . �/�l' �`- . �,� 1 .A. .KE� � . � � . � � �-�'I T,�' . r � ., C . � � December 3, 1994 To Whom It May Concern: ' We own a four bedroom, tri-lev�el home at-1300 Wachtler Avenue in Mendota Heights. Our dining area �s at one end�of our kitchen, making ent'ertaining in general difficu�t and a�d�nner for more..ihan six i�mpossi�ble. As my husband ha"s a 7arge family and m��ne is �mid-sized,x.we are unable to have dinner fot^ family members at all. With a 3,800�sq..ft. home�it is not realistic not��o�have a formal dininq room. By adding this room,�we wi11 be ab1e to entertain, have som� working�space i�n our kiichen and make our home more useable and saleab�le if we should -ever dec�tde to do so. � There is no way to add to the back of our home withowt tearing un the pool decki'ng and the landscaping�that exists. � . The obvi ous : p�l a�ce.. far thi s room is off the kitchen to the �north of the house, 6ut��requires a 5 foot variance in prder to�make a service- able.size room according�to the plan. We request .permission to have this variance. Res 11y, 5uzann ,�anstte� � � � Robert Mansfield t � � .l..l.l C i�y o� 1��iendata Heights - � APPLICATICIN FOR CONSIDERATICIN OF � PLANNING REQUEST .. .Applicant Case No. � �' �J � Date of Application _„ Fee Paid �,�,�,C? ..� ��r��.—(�C �i i^► • pI�'� V�a{. r Q��3 ✓ . tLast) tF'�3 tMi Ada�: I.3 ao t.� �l��C,e �.- i��rv�J�� ��s � 1�� N S�'t�'ll �' (Nurntaer � streety {City> tssate) t2iP) �" . 4wner Name: ��,���i1�'L,'� �Ob { � � (i-�) tF' {�'� c� . e.,n._ 1 r�nrDD�� �. � S" Address: �.� i� ��,G.�"t`G. ' i i t� �� J f l� (T�tumber & Street) (City) (Srate) t�P) Stc+eet L.ocation of Property in Question: ���� t� �• c.�� L;C.� C�; t{ �.. Legal Description of Pmperiy: 7p+ �i �5 t� I�S � L�� U� V151 G�1 �� � �-i" C�� �.� �� S ln L� �f Q-F � Z'�ie o£Request: Rez.oniug �rnditional Use Fermit Conditional Use Permit for P.U.D. Plan Appmval � ' Camprehensive Plan Amendment L� RI �,_ Vaziaace Subdivision Approval Wedands PeYmit t�ther(attach explanadon} Applicable City Ordinaace Number Sectian Present Za�g of•Propert� Present Use • (� t!• 't 1/ I' i � i�' �♦ it ' i `�" f��ll r� cJ I hereby declare iha� ali state�me,nts made� ia this. reguest on e diiion �. ° materia� a�e irue. ' - � �M t ,� I {Signa of pplic�at) �} 'C.C. �, � � 7 7' ��� r (Received by - Title) ' i1Q1 Victoria Curve •1Viendota Heights,lVi.N • 551I8 452-1850 (l��'S`i � C ity o� 1Vie�dota Heights SIGNATIIRES OF CONSENT FOR VARIANCE REOIIEST TO: . The Planning Commission, City of Mendota Heights FROM: Property Owners of � 3 Q0 Wc,t,.i• {�.� �-: L��-E��{ �o b.w �- N�ta�S�. e tcS� � � � xE: 5 .dt,� �i'� 5s���k--� if�.�-t�a.�e.. �, � /� low /� �i zi�«v. �'n �w.•_. �� �v � lw> 1�'�.. �.. � ro • 4-G,4_ f"' bf S t�+- � �tK.! We the undersigned have reviewed the plans for N'��s�cer9 ����.� : and understand the terms and conditions of the requested variance for � tci�; �r�,.r�,r,4 �•t..�'�.G��,. we nave no objections to this request and do he written consent and consent to waiver of public Sincerely, NAME (Please Print) � I � .,, �l ►. � ._ � ► � :_ • GA�-0L A� ^1 �L`Jdl� NI �h2�. �.�at.sr�- ��r� �.�%_ iZ.ob%r�.s ��n � P�q r� �• 7�,0 � Lo�s "�F�M.Ps��� E� d/•� 6 ,�c.,,, ! tJ c+ SIGNATURE ._ ► - /!1 / / / / ve our ADDRESS (INCL. LOT) ��8 l�JA��TI��. AV �.• 1284wA���2 A,t�. /�l2 l,llAeu-�ER, �cl� J3�� r�,�,��c �;� ' � . �. � �. l 25% l�+ t o u.a,.crea p C.r�l (241 Y��o�Lo��r� �n� ; �si�,� .� `t��D� . S�' P� �'1�D z 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 � � l�y O� - �l1 �►1 1 �����a�C�. �������ii December 22, 1994 Mr. Robert Man�field 1300 Wachtler Avenue � Mendota Iieights, MN'. 55118 Dear Mr. Mansfield; � . � Your application for a Varisace will be considered by the Planuing Commission at their nex� regulariy scheduled meeting, which will be held on �'hursc�y, •�e��mbeac 29, 1994. The Planning Cammiesion meeting starts at 7:30 o'clock P:M. here are Cit�r Hall in the Council Chambers. You, •or a representative ehould plan on attending the meeting, in arder that your application will receive Commission cansideration. � • If you have any questions, please feel free to coutact me. .� µ.� Sincerel�r, ' Kevin Batchelder . Admin;i.strative Asaistant RLB:kkb . Encl.osures . � r � 1101 Victoria Curve � 1VS,endota Heights,lV�.N • v51lS 452 • I85Q Q . City o� .�.. .l 1Viendota �Heights January 13, 1995 Mr. and Mrs. Robert Mansfield 1300 Wachtler Avenue Mendota Heights, NIl�T 55118 Dear Mr. and Mrs. Mansfield: m Your application for a Variaace will be considered by the City Council at their next regularly scheduled meeting, whic�i will be held on Tuesday, Jaauary 17, 1995. The Council meeting starts�at 7z30 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative should plan on attending the meeting in order that your application will receive Council consideration . If you have any questions, please feel free to contact me. Sincerely, ���.�.-� . . �k��� Revin Batchelder Adminiatrative Assiatant ',�j �Ci;�•^, Enclosures 1101 Victoria Curve • 1V�endota Heights, 1ViN • 55118 452• 1850 CITY OF MENDOTA HEIGHTS �� � January 12, 1995 To: Mayor, City Council and City A From: Kevin Batchelder, Administrative Assis Subject: Ordinance Revisions for Detached Garages in the R 1 Zoning District DISCUSSION �� At the City Council's request, the Planning Commission has been discussing possible Zoning Ordinance revisions to address some confusion about detached garages and accessory structures. The City Council had desired that revisions be adopted to establish a mi.nimum and maximum size for detached garages. Council also felt that 1,000 sq. ft. (as prescribed in Ordinance Section 4.5(3)) was too large for a detached gazage and suggested a standard of a three stall garage. Council indicated a preference for the Conditional Use Permit process for any approvals regarding detached garages. (See attached November 1993 mi.nutes.) The Planning Commission, at their November and December meetings, discussed revisions to the Zoning Ordinance and are proposing changes that address the concerns of the City Council. A public hearing was held to consider these Zoning Ordinance Amendments. A four-fifths vote of City Council is necessary to adopt changes to the Zoning Ordi.nance. RECOn�IlVIENDATION The Planning Commission voted unani.mously to recommend that City Council adopt the following amendments to the Zoning Ordinance (please note that laneuaee to be added is double underlined and a strikeout format is used for ek�ed}.. Section 7.2(10) should be added to those uses listed as Conditional Uses in Section 7.2 of the R 1 Distriet to read as follows: 7.2(101 Detached. nrivate �araees with a minimum flaor area of four hundred fortv 4401 square feet and a maximum floor area of seven hundred fiftv (7501 sauare feet. Onlv one vrivate gara�e is allowed for each nrincinal residential structure. Section 7.3(1) is hereby amended in its entirety so that as amended it shall read as follows: 7.3(1) One private garage, either attached, det�eke� or part of the principal stiucture, and parking space. Section 4.5(3) is hereby amended in its entirety so that as amended it shall read as follows: 4.5(3) In all "R" Districts no accessory building shall exceed one thousand (1,000) square feet. However. a detached accessorv st,�ucture which is a urivate �araQe shall be subiect to the size and nermit requirements described in Section 7.2(10). � ACTION RFAUIRED If the City Couacil desires to implement the Planning Commission's recommendation, they should pass a motion adopting Odinance No. _, AN ORDINANCE AMENDING ORDINANCE NO. 401. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, NIINNESOTA ORDINANCE NO. _ AN ORDINANCE AMENDING ORDINANCE NO. 401 The City Council of the City of Mendota. Heights does hereby ordai.a as follows: SECTION 1 � Ordinaace No. 401 known and referned to as "Mendota Heights Zoning Ordinance" is hereby amended in the following respects: •. Section 7.2(10) should be added to those uses listed as Conditional Uses in Section 7.2 of the R 1 District to read as follows: 7.2(10) Detached, private garages with a minimum floor area of four hundred forty (440) square feet and a maximum floor area of seven hundred fifty (750) square feet. Only one private garage is allowed for each principal residential structure. Section 7.3(1) is hereby amended in its entirety so that as amended it shall read as follows: 7.3(1) One private garage, either attached, or part of the pri.ncipal structure, and parking space. Section 4.5(3) is hereby amended ia its entirety so that as amended it shall read as follows: 4.5(3) In all "R" Districts no accessory building shall exceed one thousaad (1,000) square feet. However, a detached accessory structure which is a private garage shall be subject to the size and permit requirements described in Section 7.2(10). SECTION 2 This Ordinance shall be in full force and effect from and after its publication according to la.w. Enacted and ordained into an Ordinance this Seventeenth day of January, 1995. ATTF�ST: Kathleen M. Swanson, City Clerk CITY COUNCII. CITY OF MENDOTA HIIGHTS By Chazles E. Mertensotto, Mayor ,� Ayes: NO� � 93-24.,. ..�ZONING v�u.uvtuvViS'�iil'ir:iVLMCilV'1' � .�1CCE$SORY��TRIICTIIRES'�i''` language is that it wants at the end of the current negotiate separately with perhaps enter into its own agreement. Page No. 3818 November 2, 1993 to have the freedom franchise to a calbe provider and franchise Councilmember Smith stated that she would like clarification on the distribution of assets. She stated that the existing agreement provides that a withdrawing member forfeits its claim to any assets of the commis`sion, and she would support the agreement based on the interpretation that since there is no language expressly granting rights, only curr�nt members have rights to the commission assets and those that withdraw have no right to any. portion of the assets. A�torney Sokol stated that there is no provision in the draft agreement for withdrawing members to get anything. He e�lained that the reason for the deletion was not to create the inference that a withdrawing member would get anything, but to protect agai.nst withdrawal before March 7, 2000. City Attorney Hart stated that under contract law construction parties to an agreement only have those rights expressly granted withi.n the agreement. Councilmember Smith stated that she would vote in favor of the amendment based on the opi.nion giv�n by the City Attorney. Councilmember Huber moved adoption of Resolution No. 93-73, "A RESOLIITION APPROVING THE AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE NOi�THERN DAKOTA COIINTY CABLE CObIl�iUNICATIONS COMMISSION,n subject to a friendly amendment to the agreement to be prepared by the City Attorney with respect to Article 9, Section 1 and Article 11, Section 1 as discussed. Councilmember Smith seconded �he motion. uncil acknowledged�a report from Public rks Director Danielson regarding proposed visions to the Zoning Ordinance language th respect to garages. .� 0 k. . i Page No. 3819 �j November 2, -1993 . Administrative Assistant Batchelder reviewed the proposed amendments and responded to Council questions. Councilmember Krebsbach stated that when she was first appointed to the Planning Commission, she assumed that the city did not allow detached garages with new home construction. She suggested that ordinance language be changed to require that all garages constructed with new homes must be attached. • Councilmember ICoch expressed concern that the ordinance is getting too restrictiv.e, and asked if the amendment is really needed. Councilmember Krebsbach stated that she feels that detached garages will become more of an issue as the city experiences more requests for lot splits. There was discussion over whether garages of 145 square.feet should be allowed. Councilmember Smith did not feel that the amendment would be too restrictive and asked whether buildings should be allowed between 145 and 1000 square feet by conditional use permit. ' Administrator Lawell stated that there are two questions: does Council want to require conditional use permits, and does it want to allow structures up to 1000 square feet by conditional use. Mayor Mertensotto stated that he feels conditiona3. use permits are needed where an existing garage is being closed off and a new garage is requested. Councilmember Smith stated that Council must provide some guidelines for staff in its review of requests for conditional use permits. Administrator Lawell stated that a request could be as simple as someone who has a one car garage and wants to expand it into a two car garage by adding 145 square feet or , someone who wants to build a 1000 square foot � garage - everyone would be treated the same ' under the amendtuent. y . i '! � .I� a • . � Page No. 3820 - . November 2, 1993 - Counciimember Krebsbach stated that fihe canstruction of•a detached garage cauld change the c�aracter af a neighborhood, and the condi�ional use process gives the neighborhaod a chanae �to react to a proposal. Assistant Batchelder sta�ed that the current proposal says that a aonditional use permit is required. Another option would be ta set s�ric� minimwn and maximum sizes and then people would have to�get variances far sizes ; which do not meet those standard.s. Aft�er discussion, the matter was referred to s�aff far further rev�.ew and revision. � ADJQIIRN Tliere being no further business to come before � the Council, Councilmember Koch mQved that the maeting be adjourned. . Councilmember Xuber seconded the motion. Ayes: 5 Nays: 0 TIME 4F ADJOIJE2NMENT: 11:55 o'clock P.M. A�`TEST: � Charles E. Mertensatto ` - Mayor � Kathleen M. Swanson- City Clerk ��� � ��� ,<<,��� CITY OF MENDOTA HEIGHTS DAKOTA COUNTY,I�IINNESOTA ORDINANCE NO. _ AN ORDINANCE AMENDING ORDINANCE NO. 401 The City Council of the City of Mendota Fieights does hereby ordain as follows: SECTION 1 Ordinance No. 401 known and refened to as "Mendota Heights Zoning Ordinance" is hereby amended in the following respects: • Section 7.2(10) should be added to those uses listed as Conditional Uses ia Section 7.2 of the R 1 District to read as follows: 7.2(10) Detached, private garages with a minimum floor area of four hundred forty (440) square feet and a maximum floor area. of seven hundred fifty (750) square feet. Only one private garage is allowed for each principal residential structure. Section 7.3(1) is hereby amended in its entirety so that as amended it'shall read as follows: 7.3(1) One private garage, either attached, or part of the principal structure, and parking space. Section 4.5(3) is hereby amended in its entirety so that as amended it shall read as follows: 4.5(3) No accessory building shall exceed one thousand (1,000) square feet in all "R" Districts for non-residential uses such as churches, schaols, golf courses and cemeteries. However, a detached accessory structure which is a private garage shall be subject to the size and permit requirements described in Section 7.2(10). SECTION 2 This Ordi.nance shall be in full force and effect from and after its publication according to law. Enacted and orda.ined into an Ordinance this Seventeenth day of January, 1995. ATTEST: Kathleen M. 5wanson, City Clerk CTTY COUNCIL CITY OF MENDOTA HIIGHTS By Charles E. Mertensotto, Mayor CITY OF MIIVDOTA HEIGHTS � �� � January 12, 1995 To: Mayor, City Council and City A From: Kevin Batchelder, Admi.nistrative Assis Subject: Presentation of Final Plans and Specifications for North Kensington Park DISCUSSION f Ms. Joni Giese, landscape consultant, appeared before the Parks and Recreation Commission at their 7anuary 10, 1995 meeting to present the Final Plans and Spe�ifications for the development of North Kensington Park. The plans that were presented are based on the Concept Plan, as approved by the City Council and the Parks and Recreation Commission in August. Joni will be present Tuesday evening to provide a formal presentation of the plans including an illustrative plan, a plantings plan, a grading plan and a cost estimate plan. The illustrative plan will iaclude the details for the benches, crosswalks, overlaok, shelter aad culvert outlets. The plan includes the use of the sandstone rocks available from Acacia Cemetery. The original budget for North Kensington Park was established as $25,000 for a "backyard concept" with the potential of an additional $15,000 for a shelter. The cost estimate, as presented at the Pazks and Recreation Commission, is $34,035 for the park consiruction, landscaping and design. An additional amount of $7,400 is estimated for the overlook construction, wluch was included as an add alternate. The picnic shelter is aaother add-alternate which is estimated to be an additional $10,000. (Please see attached North Kensington Park - Cvst Esti.mate.) As discussed at the Parks and Recreation Commission meeting, this estimate can be pared down somewhat with the elimination of the picnic tables, trash receptacles and grill. These items are typically provided in each park through the general fund. Approximately $55,120 is remai.ning in the referendum fund to pay for any improvements at North Kensington Park. Approximately $429,964 remai.ns in the Special Park Fund. (Please see attached 7anuary 12, 1994 memorandum from Guy Kullander titled Status of Remaining Referendum Funds.) As the City Council will recall, the North Kensington Park Plans are based upon a year's worth of consideration by the Parks and Recreation Commission, several neighborhood meetings and the input of an ad-hoc committee consisting of Council member Jill Smith, Commissioner Stan Linnell, Guy Kullander, Joni Giese and mysel£ The Concept Plans that were approved in August were very well received by the residents who have attended the neighborhood meetings and the City Council meetings, with the exception of the need for and the location of the shelter. Attached you will find a copy of a 5eptember 10, 1994 petition from residents in the neighborhaod opposing the shelter. This petition was received at a Council meeting following approval of the Concept Plans. The Council directed Joni to include the shelter as an add-alternate option in the Final Plans so that it could be further considered as part of the approval process foi the Final Plans. The Commission's original recommendation had been to wait a year after construction of the park to consider the shelter. . Mr. Dan Rostratter, of 2483 Stackbridge, appea.red at the Parks and Recreation Commission meeting and indicated that he is vehemently opposed to the inclusion�of a picnic shelter in North Kensington Park. The Commission did not include the picnic shelter in their recommendation of approval for North Kensington Park. RECONIlVIENDATION The Parks and Recreation Commission voted unanimously (5-0) to recommend that City Council approve the Final Plans and Specifications for North Kensington Park as presented, with the addition of the Overlook option, to be funded out of referendum monies in an amount not to exceed $41,435. The Commission recommended that no picnic shelter be included in North Kensington Park because of the lack of a need and the presence of neighborhaad opposition. ACTION REQUIRED The Council should acknowledge a presentation from 7oni Giese, landscape consultant, and discuss the final plans. If the City Council desires to implement the recommendation of the Parks and Recreation Commission, they should pass a motion to approve the Final Plans and Specifications for North Kensington Park, including the proposed Overlook for an amount not to exceed $41,435 from the Parks Referendum fund and to authorize staff to seek competitive bids for this project. x i • . • N. Kens-cost est. NORTH KENSINGTCIN PARK - COST ESTiMATE 1. GRADING {6,110 C.Y. af cutJfil! C�? $21C.Y.) 2. PLANTS A. Grasses, farbs and emergents B. Grass seeding � C. Trees and shrubs 3. BENCH PLACEMENT (30 Benches� (10 stones/day � $1000/day} 4. PlCNlC TABLES (4) 5. TRASH REGEPTICALS (2) 6. PARK CRILL 7. IANDSCAPE DESIGNER FEES �.��%/z.,��� �-c., r�S� TOTAL. ESTIMATED COST 8. 4VER�QQK CONSTRUCTION {Add-Altemate) TOTA�. ESTiMATEQ CC?ST WlTH flVERL.CIQK 9. PICNIC SHELTER (Add-Alternate) TOTAL ESTIMATED COST WITH t}VER�OQK AND PiCNlC SHE[.TER Page 1 $10,840 875 3.55d $i 2,220 14,765 , 3,OQQ �. • � 51q � 2.500 �Z'�—, �� %/'� 34 035 7 40 41,435 10.000 5'! 435 � N. Kens-detail est NORTH KENSINGTON PARK - COST ESTIMATE DETAIL PICNIC TABLES � Litchfield Industries, Inc. Original Rustic Park Table (or equivalent) - installed Model #9654, 6' CCA Treated Wood, 1 5/8" leg 2 Q $220 Model #9655, 8' CCA Treated Wood, 1 5/8" leg 2 � $240 TRASH RECEPTACLES Litchfield Industries, Inc. • Model #5425, 22 gal. receptacle (or equivalent) - installed Permanent, treated pine, walnut brown oil stain 2 � $170 Model #5485, 22 gal. Nletal flat funnel top (or equivalent) � 2C�1$85 , PARK GRILL Litchfield Industries, Inc Model #9608 (or equivalent) - installed OVERLOOK CONSTRUCTION Stone placement (approx. 65 stones) Majority of stones are approx. 3' to 4' in length 15 stones/day C� $1000/day Base preparation and paver installation 480 sq. ft. C�? $5/sq. ft. (price includes 6" of aggregate, 2" of course sand, pavers and paver edging) Paving Stones Interlock Paving Co. Holland Stones - Range 10 "Peach Buff" or equivalent TREES AND SHRUBS Swamp White Oaks Bur Oaks Silver Maples Red Maples River Birch Red Osier pogwoods Total price for trees and shrubs Page 1 uan it 6 8 7 4 4 12 $440 480 $340 f 170 $5,000 2.400 Price-installed $125 125 100 100 100 25 $920 $510 $120 $7,400 Total $750 1, 000 700 400 400 300 3 550 s M.H.-co�� est. PRtCE ESTIMATE FOR PLANTS _ __ _ _ � AREA Acres i 2 Ibslacre 13 Ibslacres 14 Ibslacre Y� Propased Costs Short Grass Prairie Mesic '€ .045 i 2.5� 13.59 14.63 Short Grass Prairie (D Mesic 0.215 2.58 2.80 3.01 Total pounds of seed needed 15.12 16.38 17.64� __ x price per pound 67 88 130 rice far rasses and forbs �1,x013.04 $1.441.44 .$2.293.20 $1,44i .44 Area Acres Min. Quali Mid . Qualit High Qualit Shart 5edge Meadaw Q.265 30t}.04 440.04 �00.00 400.00 Quar�tit $.8p/ lant $1.00/ (ant $1.20/ lant Emergen#s 2,86"7 2,293.60 2,867.00 3,440.40 2,293.60 Seed rice (grasses,forbs & emergents 3,606.64 4,708.44 6,233.60 4,135.04 x Labor factar 2.5} 2.50 2.50 2.50 2.50 Tatal price {grasses, forbs and emergents 9.016.60 11.771.10 15.584.00 i 0.337.60 _ ' Est. Area S Yds Sod Re lacement 3,500.OQ 875.00 875.00 875.00 875.00 Trees and 5hrubs see attached schedule • 3,550.00 3,550.00 '` 3,550.00 3,550.00 T(JTAL, PRiCE FCiR PLANTS $13,441,68 �16 19�.1 d $20,p09.Q0 $i 4.762.68� Page 1 �.. January 12, 1995 Memo to : Memo From: Subject: Kevin Batchelder Guy Kullander, Parks Project Manager �� Status of remaining referendum funds FUNDS AVAILABLE FOR PARK & TRAIL IMPROVEMENTS Revenue from bond sales ..................... $ 3,386,�b2 Other revenues.... ....................... 131,357 -MSA-Marie Ave Trail -County-Delaware Trail x� -Water Utility Fund-Mendakota Loop Total Funds $ 3,517,719 EXPENDITURES 1989.....$ 139,256 1990..... 1,826;245,. 1991..... '782,238 1992..... 581,009 1993..... 102,059 1994..... 31,792 $ 3,462,599 REMAINING FUNDS ..............$ 55,120.00 SPECIAL PARK FUND Balance in fund 12/31/93 ..........$ 410,987 Cash contributions in 1994 ........ 15,335 Interest Earned in 1994 (Est)...... 20,000 Expenditures fron fund in 1994..... (16,358) Special Park Fund Balance 12/31/94....$ 429,964 (approx) � ��4 \ � C lt� o� .,, ,� j,� - ���ndota Heig,f�t� _ January 4, 1995 Mr. Daniel RostrxLter 24$3 5tockbr�i.dge Roac1 Mendata Heights,l4�I 5512a i:; '� i.e- I am wnting ta nati�fy yau that the presentation for the Fina1 P��ns and Sp+�t,'.�f'icatians for the development of Narth K,ensington Parlc will occur at the Farlc and R�ecreati�►n Cariimission mee,ting schedt�l�ed for Jat�uarry 10,1995 a# 7:30 p.m. ia the Large Canference Raom at CitY HaU, loc�ai:eci at 1101 V%�oria Curv'e. As discussed in my OcGober 10,19941�tter {atiacheci}, I was ta notify yom�seelf and Mr. �t��hi reg�ding all Pending a�tiion on �e North Ke�sington P'ark development plans. . Ms. Joni Gisse, our landscape consultant, has prepared the Fina1 Plans basad upon th� appraved Conc�t Pl,ans and she � be p.repar�d to pr��nt �7lastrative P�, F�� P�� grading plans and a oost estim�te plan at #l� mc�ing on January 10, 1995. The illustrative pZaa w.�l inclade d�ta�7s on the benc,hes, a�anework, aulv�rt outlets and the shelter. She was dir� to include the shelter ia the F'mal. Plans and Specifi�ations as aa option, or add att�rnate. In this fasluon, a decision can be made �*arding #i�e shelter as the P�rrks and R�creation Gommission aad Cit3► Cauacil revi.ew the plans. � In addition, Ms. Giese has included crosswall�s, trai�uc oontrol signs �aad stap signs for pedestriantt�icqclist�s as the tra� crosses Stockbr3dge Road in response to your sugge,s�ions at aa earlier meeting. The Parks an.d Recreation Commission revi,ews the plans and ma�kes a recommendation to City Cauacil, who has �rnal decision making authority. When the Par"ks and Recreatian • Commissian recommendativn reaches City Counc�, the Cauacil will be asked to appmve the Fina1 Pl�ws and Specific�ttions aad authorize staff to seek compe�itive bids for constiucti.on. Shauld.you have any questions, or concerns, please contact me at 452-185U. Sincerely, � l.�t�� �a'��.�.�;�� Kevin Batchelder Administrative Assistant cc: Mr. Roy Diehl, 2501 Stockbridge Road 1101 Vietaria Curve • 1Viendata Heig,hts, 1ViN - 55118 452 • 1854 � • �. . . . ,i . Z September lU, 199-� Ma��or Charles Menensotto � Members of the Mendota Heights Cit}• Gouncil Members of the Mendota Heights Planning Commission Cin� of Mendota Heights � 1101 Victoria Cun�e M�ndota Heights, MN S�11U Dear Friends: We, the undersigned residents of the Brent�vood and Kensineton neighborhoods are otiicialip petitioning the City of Mendota Heigltts not to consuuct a picnic shelter/structure in the Nonli I:e►�sington park We are stronglv opposcd to the picnic structure for the following t��•o reasons: •_ 1) Lack of u picnic structurc in thc nestrb�� Iiagstrom-F:ing and Friendh• Iiills parks — both of these parks have the infrastructure (parking lots) and the amenities (tennis courts. basketball courts, pla��grounds, ect.) to support/require flie picnic shelteis. The North Kensington park «zll �of have either the infrastructure or the amenides to supporUrequire the picnic shelt.ers. In these da}�s of limited budgets and high taxes. «�e belie��e a cos�t/ben�fit anal}5is tivould support consuuction of a picnic shelter in either the Hagstrom-King or Friendh• Hills parks: before oonstruction of a picnic shelter in the North I:ensington park Additionall}•, picnic shel�ers are a�ailable in South Kensington park onl}� a short distance from North Kensington park. 2) North Kcnsingtan Back��ard ThcmdConccpt — in prior mcetings ���ith the Cin• of Mendota Heights Parks Commission and Cit�� Council. we a�ere informed the North Kensington park would be a passive p�drk "an �.��tension of the back`rard for 1he adjoining nesideats". Collecti��el}� the r�sidents i�ave supported this conap� h4n�ever: the residents ha��e sternh� voiad opposition to the oonstruction of a picnic snucture in the back}ard concxpt for the North Kensington park Additionall}: the picnic structure raises securin•/safety issues for the residents as a gathering plaa in the e��ening (additional lighting e.��penses nbuld ha��e to be incurred and tha swciure nould ha��e to be visible from Mendota Heights Road). One incident has alreadc• taken place in the park n�here an adult male aaempted to lure children to the avsting phone building in the park bxause this happened during the dar, residents observed the incident and the.police ���ere called avoiding a potentia! disaster. Again �ve svongly oppose die construcdon of a picnic suucture in the North Kensington park and appreciate your listening to the unmediate residents concerns in this matter. Sincerely; �,i"_���%����� • _.__t_� • ��i � ► • , / i' iG. i// i � � • �: //"� � - .r i / � �� � / • i i i � ' . ' ,- ,[ �_. -. � �;�/,/ A,t .; .� � »�. lll��"����� — ,,..► .:1_ !1_� � ��������r � af ►.. "' . � � ���"'�..:1y"���� .PJ�� ���� ....��,�'.� ...,�� , Z�-tgr� Sfock, h, t �.c� � 2ti xi)_; ��?�.�hl,•f�u� ��� � � Z 1i` r`�3 c�rtzJz�:�i.��, � Z.S�",.75' ST`'o1G $r f c��C l� ,� . � �'�,��,c)ht'iF/��C b /.� � . �.�9���.��&� �l ��r� �,����i,�� as-� 3 .S�oc,c ���,>6�` �r� Zs�3 ��x�ibr� , C� �2 Y�d,�°��..�� � � �� ��-'�. � � ��_�..:r .�� i ,... � r'/�,��� ♦ . � �..._:��.... � .�r ` . �, , , / , , , ' �_��,..r� _ iyi r. s I _s �i+��` � Y -_ � "�����jy - /: � �1 � ..1 ��1 � j � i � N ♦ „� /, , s . . , � �i Z-� 7��0��-.�` , 'v -�, ��� . . ' � A ._ ._. _ _ ._ ____ - ) ,� �ag ���- �y�� U/ �� �GL�o � _ r �� � � � - • • �/ � � � � I ' � i' � �� ��_.� 1��� i : i � � �� � i � /�� � i . � // Z5�3 � c�vo c� .P,e. 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' a'� � • I �'� -�.,• l�? ;,; : �3 ��: �i1`'� -� l: 1 � � rn...% . i,:� ' . � ^:n�.F.-., ��� �:.`, , � . . � � .1 . � . ,� 5c� .�.. ; °`�� �= r ���' !�.1 r�� . .F - �� 5-��- �lc: .,.. r.1,��'I� .., ,�� 7 ' ���-'�='�'��� �`i� . _ sJ� / �� ) �.- �`' LC: c .L Z S� �p��� � / �„ � ��i���a y�� � , - -- ��� S�; c,ZV'�'Z C�, o ra ;'�-�- CITY OF MENDOTA HEIGHTS January 10, 1994 TO: Mayor and City Council FROM: Tom Lawell, City Administ SIIBJECT: Set Council Future Workshop/Meeting Dates DISCIISSION In recent weeks we have discussed the need to schedule one or more City Council workshops to address a number of on-going issues. These issues include the following: '� 1. Status of Current Labor Negotiations (closed session) 2. Review of Public Works Department Work Schedule 3. Economic Development Organizations Within Dakota County 4. St. Paul Water Service Contract 5. Highway 55/Highway 110 Land Use Study 6. Park Commissioner Interviews Previously Council has indicated it wishes to interview Park Commission applicants immediately prior to its February 7, 1995 regular meeting. As such, Council should formally establish its meeting start time as 6:30 p.m. on February 7, 1995 in order to allow time to interview four interested applicants. . The Highway 55/Highway 110 Land Use Study is currently in its second phase and another joint workshop with the Planning Commission should be scheduled for sometime in February, 1995. Similarly, with the recent approval of a new St. Paul Water Agreement between St. Paul and West St. Paul, we will need to begin discussions on this topic sometime in February. The other items on the above list, items 1-3, are proposed to be discussed at a Council workshop on Tuesday, January 31, 1995 which happens to be a fifth Tuesday of the month. Please consult your calendars to determine if this date is workable for you. I estimate we will need about two hours for cover the identified topics and would suggest a meeting time of 7:30 p.m. to 9:30 p.m. ACTION REQIIIRED Council should formally set the starting time of its. February 7, 1995 meeting to be 6:30 p.m. in order to conduct Park Commissioner interviews. In addition, Council should consider setting a workshop for January 31, 1995 at 7:30 p.m. to discuss various issues including labor negotiations. Part of this meeting would then be closed to the public as allowed by Statute. 09 f .L 0 rn w 0 0 0) 00 z C\2 3 „00.00000 S 3 „00 100000 N 00 scsL F- -t1 „• 6L� 00, o c , CIL C\2 O „o -e ,es .so S/ / ' / sg'zc - 3 /H00 100 O 11 11) 11111 z 1. / / / / °S9 I 1 \ _ 1 -131 9x8 0 m 00 // / Qd02I gHTLHDIV-Ak. o i 0 m CC U 0 z w 1 1.0 m 0 .441> �.2 _ 8 ---„Le--- i ---?r°� • z c U o rn 0 ce co < 0) $0•11 im•IJ i 43 4D Q In csj 4f.4 ° Fe �v El - 8 Q �1 v� U„, zz 0 a rn E W� rQ o Mo DESNINED DRAM CHECKED P.'1! 1014 ige W c L 0 w U L� W � U REVISIONS DALE/28/93 6/28/93 -7/2/93 PROJECT NO. 1162 WET NO. 1 •