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1990-11-20� CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA NOVEMBER 20, 1990 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of the October 2nd Minutes and the � November 7th Election Canvassing Board Meeting Minutes �* Approval of the November 6th Minutes 5. Consent Calendar a. Acknowledgment of the October 23rd Planning Commission Minutes. b. Acknowledgment of the October Treasurer's Report. c. Approval of the List of Contractors. d. Approval of the List of Claims. * e. Acknowledgment of the November 13th Parks and Recreation Commission Minutes. * f. Acknowledgment of a Letter of Resingation from Planning Commission Chairperson Jerry Morson. * g. 1�pproval of a Purchase Order for the Improvement of the Dodd Road/Trunk Highway 110 Bike Trail. End of Consent Calendar 6. Public Comments 7. Proclamation a. Mendota School Day - Award of Excellence 8. Hearings a. Alley Vacation - Noack - 7:45 P.M. - RESOLUTION NO. 90-80 b. Mendota Heights Road Feasibility Hearing - 8:00 P.M. RESOLUTION NO. 90-81 � c. CASE NO. 90-42: Theaters within a B-4 Zoning Amendment - 8:15 P.M. - ORDINANCE NO. 272 . d. CASE NO. 90-36: Linvill - Ordinance Amendment Y Churches in the Industrial Zone 8:30 P.M. - ORDINANCE NO. 273 9. Unfinished and New Business a. Fire Department Rating Study b. Realignment of the Glenhill Road Trunk Highway 110 Frontage Road Intersection 10. Council Comments 11. Adjourn ` CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA NOVEMBER 20, 1990 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of the October 22nd Minutes and the � November 7th Election Canvassing Board Meeting Minutes 5. Consent Calendar a. Acknowledgment of the October 23rd Planning Commission Minutes. b. Acknowledgment of the October Treasurer's Report. c. Approval of the List of Contractors. d. Approval of the List of Claims. ,• End of Consent Calendar 6. Public Comments 7. Proclamation ; a. Mendota School Day - Award of Excellence 8. Hearings a. Al1ey Vacation - Noack - 7:45 P.M. - RESOLUTION NO. 90-80 b. Mendota Heights Road Feasibility Hearing - 8:00 P.M. RESOLUTION NO. 90-81 c. CASE NO. 90-42: Theaters within a B-4 Zoning Amendment - 8:15 P.M. - ORDINANCE NO. 272 d. CASE NO. 90-36: Linvill - Ordinance Amendment Churches in the Industrial Zone 8:30 P.M. - ORDINANCE NO. 273 0 9. Unfinished and New Business a. Fire Department Rating Study b. Realignment of the Glenhill Road Trunk Highway 110 Frontage Road Intersection 10. Council Comments 11. Adjourn CITY OF MENDOTA HEIGHTS •lui�uti � November 20, 1990 TO: Mayor and City Council FROM: Tom Lawell, City_Adminis���� � SUBJECT: Add On Agenda for November 20th Council Meeting Attached, please find the revised agenda for tonight's Council meeting. All items attached are new on the agenda (*). 3. Agenda Adoption ti It is recommended that Council adopt the revised agenda printed on pink paper. 4. Approval of the Minutes Please note that the approval of the October 22nd Minutes should read the October 2nd Minutes. Also attached, are the November 6th Minutes. 5e. Acknowledgment of the November 13th Parks and Recreation Commission Minutes See attached minutes. 5f. Acknowledgment of a Letter of Resiqnation from Planninq Commission Chairperson Jerry Morson See attached letter. 5g. AAnroval of a Purchase Order for the Improvement of the Dodd RoadfTrunk Highway 110 Bike Trail See attached memo. MTL:kkb i � Page No. 2910 October 2, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 2, 1990 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 Anderson, Blesener, Cummins and Hartmann. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Abstain: Ayes: 5 Nays: 0 Ayes: 4 Nays: 0 Abstain: 1 Hartmann 1 Cummins Councilmember Cummins moved adoption of the revised agenda for the meeting. a Councilmember Blesener seconded the motion. 0 Councilmember Cummins moved approval of the minutes of the August 21st budget workshop. Councilmember Blesener seconded the motion. Councilmember Hartmann moved approval of the minutes of the September 4th regular meeting with corrections. Councilmember Blesener seconded the motion. Councilmember Blesener moved approval of the minutes of the September 18th meeting with correction. Councilmember Anderson seconded the motion. CONSENT CALENDAR Councilmember Hartmann moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for September. b. Acknowledgment of the draft minutes of the September 25th Planning Commission meeting. d K Page No. 2911 October 2, 1990 c. Adoption of resolution No. ,90-71, "RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS 9TH ADDITION." d. Acknowledgement of a letter from Mr. & Mrs. Marc Battistini, 2069 Delaware Avenue, requesting,City support for a reduction of the speed limit on Delaware Avenue, and direction to staff to forward the request to the appropriate governing agency. e. Acknowledgment of an update on City Hall building drainage problems. f. Authorization for reimbursement of up to $300 to Russ Wahl for conducting the Halloween Bonfire, subject ta permission from the Mendota Plaza owner, along with direction to staff to acquire insurance endorsement and burning permit. g. Approval of the list of contractor licenses dated October 2, 1990 and attached hereto. h. Approval of the list of claims dated October 2, 1990 and totalling $160,768.91. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Brian Birch was present to request approval to sell Christmas trees from his lot located on Freeway Road. He informed Council that he is the director of a ministry/relief effort called Project Increase. One member of his group will donate trees and that Mr. Birch would like to sell the trees from Thanksgiving to Christmas. Administrator Lawell informed Council that the current City zoning ordinance prohibits open lot sales. Councilmember Anderson expressed concern over traffic, safety, and other issues. Staff was directed to prepare a report for Council review on October 16th. CASE NO. 90-24, Administrator Lawell informed Council that Page No. 2912 October 2, 1990 , J.A. HOMES J.A. Homes has requested a continuation of the hearing on their planning application to December 4th. He further informed Council that he was informed today that J.A. would like to withdraw its application and start over again. Councilmember Cummins suggested that the matter be laid over to December 4th or until the applicant notifies the City in writing of their withdrawal. Councilmember hearing on the December 4th. Councilmember Cummins moved to continue the J.A. Homes application to Anderson seconded the motion. Ayes: 5 Nays: 0 � CASE NO. 90-34, Dr. Jerry Wildenauer was present to request WILDENAUER approval of a wetlands permit to allow construction of a home on Lot 2, Block 1, The Ponds of Mendota Heights. He explained that he would like to build a home on the east side of Warrior Pond, 70 feet from the wetlands, construct a deck on the home 14 feet closer to the wetlands, and construct a small retaining wall. Councilmember Cummins moved to waive the required hearing and approve the wetlands permit according to a site plan dated September 6, 1990, with the condition of staff approval that proper erosion control methods are followed. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CASE NO. 90-33, SOLEM Administrative Assistant Batchelder reviewed an application from Mr. Brian Solem for a seven foot sideyard setback variance to allow him to replace an existing accessory structure at 1870 Valley Curve Road with a third garage stall to be attached to his existing garage. Councilmember Blesener moved to approve a seven foot sideyard setback variance to allow construction of a third stall garage addition at 1870 Valley Curve Road. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 Page No. 2913 October 2, 1990 CASE NO. 90-32, Councilmember Hartmann moved approval of a IVERSON 14 foot variance from the existing front yard setback for Mr. Greg Iverson for Lot 1, Kladis' First Addition to allow construction of a home 30 feet from the front lot line, in accordance with the site plan submitted with the planning application. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 HEARING - FURLONG Mayor Mertensotto opened the meeting for the AREA IMPROVEMENTS purpose of a public hearing on proposed sanitary sewer, water, storm sewer and street reconstruction where necessary in the Furlong Addition and surrounding areas. Council acknowledged the feasibility report for the proposed improvements. Council also acknowledged letters from Mr. Ode�.l Ostertag regarding concerns over the project and from Mr. Jim Frazier inquiring about the possibility of City acquisition of his parents' property at 1280 Lakeview. Mayor Mertensotto informed the audience that the proposed project was initiated by a petition from 60% of the property owners in the Furlong Addition. Engineer Klayton Eckles reviewed the feasibility report for the Council and the audience. He stated that the project area includes the area known as the T.H. 55 corridor, and that the project includes sewer, water, storm sewer and minor street improvement. The total project is estimated to cost $1.77 million, and would serve 35 single family homes with sewer, water and storm sewer and 20 acres of commercial property with storm sewer. Funding would come from the Tax Increment District ($482,800), assessments ($643,700), and Mn/DOT cost sharing for storm sewer ($40,500). Proposed sanitary sewer assessment rates are $6,150 per ` unit in the Furlong Addition and $4,000 per acre for the commercial property. Tax increment subsidy is proposed for both commercial and residential property. Water would be extended from Rogers Road at Mendota Heights Road to Acacia Boulevard. Tax increment financing is proposed to be used because of the need for looping the water system. Affected commercial properties are proposed to be assessed $4,000 per acre. Page No. 2914 October 2, 1990 Residential property, including two homes on Rogers Road, are proposed to be assessed $3,100 per unit, including sewer and water services to the property line. The property owners would be responsible for bringing the utilities from the service to their homes. Costs could be anywhere from $1,500 to $5,000 for connecting from the'service to the house. Storm sewer would be extended from Enterprise Drive across the Mn/DOT property to Lemay Lake, and a level control would be provided for the lake. The state will share the cost of the storm sewer (25% of total cost). The assessment rate would be $1,100 per acre, with residential properties being assessed about $350 for a standard size lot. For the cemetery property which cannot be assessed, TIF funding would be used. � With respect to hooking up to the utilities, Mr. Eckles informed the audience that there are laws which govern hooking up to sanitary sewer, and that the MWCC set a requirement that residences must be connected to sanitary sewer lines within two years after sewer becomes available. In certain circumstances, such as where existing septic systems are functioning properly, Council can review the cases on an individual basis and it might be possible to get an extension. City ordinances require connection within one year after sewer becomes available. He informed the residents that there is no requirement that they connect to City water, but that if they have wells that are polluted or non-functioning, the County might require either well repair or water connection. Responding to a question from Mayor Mertensotto, Mr. Eckles stated that the cost for connecting from the service to a home depends on the existing well and septic systems. If a septic system is close to the street and only a short hook-up to the City system is necessary, the cost will be moderate. If it is necessary to cap a well or if the•septic system is at the back of the lot, the connection costs will be higher. He stated that $1,500 to $2,500 well capping costs are possible. He stated that if a well is functional and the County does not direct that it be capped, a resident could keep the well in service. Page No. 2915 October 2, 1990 Treasurer Shaughnessy explained that there will be an additional cost of $625 imposed by the MWCC as a Sewer Availability Charge, and a $200 City Water Availability Charge. Councilmember Blesener pointed out that it has been a City practice to upgrade streets to urban design when utility projects are installed. She asked why this is not proposed. Mr. Eckles responded that to upgrade the streets to urban design with concrete curb and gutter would cost approximately $6,000, and that the storm sewer currently proposed is a trunk charge ($0.025 per square foot assessment) for an open ditch system to provide an outlet for Lake Lemayti He stated that it is proposed that streets be constructed similar to the 1960's, where they would just be restored to 22 feet wide, with 6" of rock and 2" of blacktop - a rural section. He pointed out that the cost of street reconstruction is included in the sanitary sewer assessment calculations. Responding to an audience question with respect to homeowner costs to collapse drain fields and septic tanks, Mr. Eckles stated that he would estimate $5,000 per unit for interior plumbing changes, filling, pumping and compacting of septic tanks. Councilmember Anderson pointed out that by constructing the project the two City-owned homes in the Furlong area will become saleable and that their sale should nearly pay for the $170,000 in contemplated TIF contribution. Councilmember Cummins asked Mr. Eckles to clarify the direct cost to the homeowners for utility connection. Mr. Eckles responded that he estimates that, aside from assessments, a typical cost will be $5,000, which would include running pipe from the street to the house, WAC, SAC and an average well-capping cost. Mr. Guyer stated that his only concern is that some people have houses that are worth $50,000 and others have $100,000 to $150,000 properties but both will pay the same assessment. He felt that this is unfair. Page No. 2916 October 2, 1990 Councilmember Anderson stated that it is a given in improvement projects that there are different valued homes and assessments are never based on the value of the home. Mayor Mertensotto stated that what Council must look at is that every home pays the same amount to have sewer and water and that assessing cannot be done on the basis of the value of the home. Mr. Eckles informed the audience that sanitary sewer, water and storm sewer assessments would be certified for collection over a 19 year period with simple interest of probably 8% or less. Mayor Mertensotto stated that if�Council chooses to go ahead with the project it would be appropriate to conduct an assessment hearing up front, immediately after bids are received, because then all costs would be known, except perhaps the cost of easements needed from private property owners. The residents would then know what their assessment would be before the project was constructed. , Councilmember Hartmann suggested that there is grant money available from the Dakota County H.R.A. He suggested that the City should request the HRA to do an area survey. Individual surveys would then be done, and it could be possible, depending on the income of people applying for grants, that the HRA would pay the assessments. Mayor Mertensotto asked for further questions and comments from the audience. The owner of George's Golf Tee asked why the report shows his property drains east when in fact it drains west. Responding to a question from Bernard Biessener, Mr. Eckles stated that his estimates were prepared on the assumption that the utilities would need to be trenched under the railroad tracks but that if it is not necessary to jack under the tracks, the costs will be reduced. He further responded that it would be less costly to install the improvements if the project is done in concert Ayes: 5 Nays: 0 Ayes: 3 Nays: 2 Blesener Cummins Page No. 2917 October 2, 1990 with T.H. 55 upgrading, but timing of the upgrading is not currently known. Responding to a comment from an audience member, Mayor Mertensotto directed that Mr. Eckles pursue with NSP the possibility that gas lines be installed into the Furlong Area at the same time as the utilities are installed. There being no further questions or comments, Councilmember Anderson moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Anderson moved adoption of Resolution No. 90-72, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PI�ANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, AND STORM SEWERS IMPROVEMENTS TO SERVE FURLONG NEIGHBORHOOD AND SURROUNDING AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4)." Councilmember Hartmann seconded the motion. Mayor Mertensotto informed the audience that the Council action does not start the project except to direct staff to prepare the plans and specifications, which if approved, would be used to go out to bid. If bids are requested, Council would call for an assessment hearing before ordering the project so that the residents would know what costs they would be facing. Mr. Eckles stated that if the project is ordered, it could be completed in October, 1991. Council discussed the letters received from Mr. & Mrs. Ostertag and Mr. Frazier. Administrator Lawell informed Council that the Fraziers are interested in finding out if the City is interested in buying the Norman Frazier property, and that in view of the death of Mr. Frazier, Mrs. Frazier will have to sell her home. He informed Council that he spoke with Jim Frazier this evening and indicated that the last action Council had taken was to indicate there would be no City HEARING - CASE NO. 31, EFH COMPANY (BATESVILLE) Page No. 2918 October 2, 1990 purchases, but that the family has asked that the request be given to Council. Councilmember Anderson stated that purchase of the home would be contrary to policy established by the Council in January. It was the consensus of Council that Mr. Lawell be directed to prepare a response informing the Fraziers that it is Council's hope that the proposed improvements will make the property saleable but that the City has no interest in purchasing the property. 90- Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from the EFH Company for a Comprehensive Plan Amendment and Rezoning from B-1A to Industrial to allow construction of the Batesville Casket Company's office warehouse facility at the corner of Mendota Heights Road, Highway 55 and Rogers Road. Council acknowledged a report from the Public Works Director and Administrative Assistant. Mr. Gene Haape, from EFH, informed Council that the proposed site, the former Perron property, is a totally different site from those discussed with Council in the past and that the building design is different as well. The building exterior is proposed to be exposed aggregate (finished panel) in its natural color. The building site was changed because of a soil problem on the original site. Mayor Mertensotto expressed concern over whether the "I" zoning would be compatible with the surrounding area. Assistant Batchelder stated that the adjacent property to the east is zoned industrial (3M, Esslinger Company and School District Bus Garage sites). The project architect stated that the proposed use does not fit a B-lA district and that it is proposed to construct an office/ distribution center building. He stated that there will be extensive landscaping and berming for the 30,000 square foot building. He showed the Council topographic information, the site plan and building elevation. The east and north sides of the building will be broken up with landscaping and trees; the concept is to shield the building by virtue of Page No. 2919 October 2, 1990 its depth into the hill and to provide landscaping and berming for the four loading docks. Six trucks will operate out of the building; there will be four short wheelbase trucks outside, and there will be eight people per day in the facility. Council discussed the parking proposed, and it was suggested that 23 stalls be blacktopped now and an area for ten additional stalls be set aside as green space until such time as a building addition occurs. Mayor Mertensotto stated that the firm would have to dedicate the required spaces but could have an agreement with the City to reduce the number of blacktopped stalls with the remainder to be set aside in green space until such time as the use changes or an addition occurs. ti Responding to a question from Councilmember Blesener over the timing of frontage road construction, Public Works Director Danielson stated that it is in place and will be ultimately extended into the short stub of frontage road constructed across the street. Mr. Haape stated that they will be discussing with Mn/DOT the possibility of filling in the small piece of property and landscaping it for screening. The project architect stated that a sign has been designed, a 5 to 6 foot monument ground sign, and will be of the same material as the building exterior. The building will be precast panel aggregate, and the color of the trim band will correspond with the aggregate and windows to provide a shadow box affect at the corners. The sign is proposed to be green and the building will be earthtones, however the colors have not been selected yet. Councilmember Blesener stated that when Council approves the building permit it will need more information on colors. Mayor Mertensotto asked for questions and comments from the audience. Councilmember Blesener pointed out that the Planning Commission recommendation for approval was contingent on staff approval of a noise pollution abatement plan and detailed Page No. 2920 October 2, 1990 lighting plan. She asked what the noise pollution issue is. Mr. Haape stated that he will work with the City staff, and that the noise pollution issue is related to the trucks and has been addressed in the plan before Council showing berming, etc. With respect to lighting, ground lighting had been proposed to light the entrance of the building and on the service area walls, but that he has agreed to install all downlighting to light the parking area. The Planning Commission had been concerned over leaving the lights on over night. Mayor Mertensotto asked if the applicants would be satisfied with Council approvals if Council withholds the building permit until the building materials and color �ave been determined and more detail on the landscaping plan is available. Mr. Haape stated that he would like to begin excavation in a week. Councilmember Cummins stated that Council could grant a building permit conditioned upon Council approval of the colors. Councilmember Blesener suggested that as long as the colors are within the earth tone range, the permit approval could be put on the next consent calendar. Mayor Mertensotto suggested that approval could be conditioned upon the exterior color scheme being precast exposed aggregate panels in earthtone colors, which would preclude a green band. Mrs. Mary Gauw asked if there is any buffer zone between the property and Rogers Road, stating that she lives across Rogers Road. She also asked about lighting. The project architect stated that there will be a 2 to 3 foot berm along the road and heavy landscaping and burying of the building. As much existing vegetation as possible will be left, and as much sumac as possible will be conserved. He suggested that Mrs. Gauw meet with the landscape architect. Mr. Haape stated that white light will be used, as has been requested, and the lighting is confined to the lot's blacktopping. Page No. 2921 October 2, 1990 There being no further questions or comments, Councilmember Anderson moved that the hearing be closed. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 90-73, "RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT." Councilmember Blesener seconded the motion. Ayes: 5 _ Nays: 0 Councilmember Cummins moved adoption of Ordinance No. 271, "AN ORDINANCE AMENDING ORDINANCE NO. 401," to rezone the subject property from B-1A to I. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 ti Councilmember Cummins moved adoption of Resolution No. 90-74, "RESOLUTION APPROVING THE SITE PLAN AND AUTHORIZING STAFF TO ISSUE THE BUILDING PERMIT TO EFH/BATESVILLE CASKET," subject to two conditions in addition to those stated in the resolution - that the applicant submit a material specification on the vertical concrete panels and exterior tones, (the materials to be employed in the exterior color scheme of the building be earthtones, exclusive of red or green), and subject to the applicant entering into a developer's agreement with the City to maintain less than the required number of parking spaces. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 BIKE TRAIL Council acknowledged a report from Engineer Klayton Eckles regarding the concern over the Dodd Road/T,H. 110 bike trail. Mr. Eckles discussed the four possible ways of making the situation safer, including moving Dodd Road west, widening the shoulder to move the trail east, moving the trail to another location, and improving the trail in its existing location. Councilmember Blesener asked whether the City would be doing anything to improve the crossing at the intersection. Public Works Director Danielson responded that Mn/DOT has agreed to cross-hatch a pedestrian crossing, and staff will do what it can to get Mn/DOT out soon to make the improvements. Page No. 2922 October 2, 1990 Councilmember Blesener moved to direct staff to proceed with the improvement of the trail in its existing location, including eliminating the hazardous culvert and replace it with a catchbasin, plus trail widening, at a cost of appro�ximately $10,000. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 SIBLEY PARK UPDATE Public Works Director Danielson gave the Council an update on the Sibley comfort station progress. Mayor Mertensotto asked about seeding of the ball fields. Mr. Danielson responded that the contractor has seeded the baseball field and some of the softball fields. Administrator Lawell recommended that the City do as much irrigating as possible. He pointed out that the contractor will be required to re-seed in the spring if the seeding is not satisfactory. Councilmember Blesener stated that if the City decides to go to sod, she thinks more price quotes should be solicited. Administrator Lawell stated that if sodding were done it would be a credit on the contract and a new contractor who gets the bid would be liable for the sod work. Councilmember Hartmann stated that he is concerned that even if sodding is done this late the probability that it will be in suitable condition for school use in the spring is questionable. Councilmember Cummins suggested that since the other two fields have been seeded, the City should take a chance and have the soccer field seeded tomorrow. Public Works Director Danielson gave Council a status report on the GMH contracts, stating that one contract is completed and the other two are not. He pointed out that the contractor has not had a full crew working on the contracts each day. COUNCIL COMMENTS Councilmember Anderson informed Council that he will be out of town on October 16th and will miss the Council meeting. � Page No. 2923 October 2, 1990 Councilmember Blesener asked staff to explore the possibility of purchasing a lapel microphone for the Council Chambers. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:03 o'clock P.M. ATTEST: Charles E. Mertensotto Mayor Kathleen M. Swanson City Clerk ti � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Election Canvassing Board Meeting Held Wednesday, November 7, 1990 Pursuant to due call and notice thereof, the regular meeting of the City Council, meeting as the Election Canvass Board, was held at 5:00 o'clock P.M. at the City Hall, 1101 Victoria Road, Mendota Heights, Minnesota. ,�.�..� Mayor Mertensotto called the meeting to order at 5:00 o'clock P.M. ,., The- following members were present: Mayor Mertensotto, ". Councilmembers Blesener, Hartmann and Anderson. Councilmember Cummins was absent. The City Council, acting in its capacity as Election Canvassing Board, accepted the results of the casting and canvass of votes in the November 6, 1990 General and City Election, as presented by the City Clerk, and as follows: MAYOR Charles E. Mertensotto Write-Ins Undervotes Overvotes Total CITY COUNCIL Jill Smith Christine Koch John Hartmann Burt Anderson Write-Ins Undervotes Overvotes Total z Pct. 1 Pct. 2 Pct. �3 Pct. 4 Pct. 5 Pct. 6 Total 707 21 282 0 1010 507 414 387 268 4 440 0 2020 946 30 244 0 1220 836 606 343 285 5 365 0 2440 717 31 258 0 1Q06 565 465 392 286 6 296 2 2012 611 14 201 0 826 432 343 291 219 1 366 0 1652 807 21 263 1 1092 601 442 414 327 7 391 2 2184 265 11 93 0 369 163 166 133 104 4 168 0 738 4053 128 1341 1 5523 3104 2436 1960 1489 27 0 2026 4 11046 : ; � Councilmember Anderson moved that the Canvassing Board find that Jill Smith and Christine Koch are elected to the City Council for four-year terms and that Charles E. Mertensotto is elected Mayor for a � two-year term. Councilmember Hartmann seconded the � motion. AYES: 4 NAYS: 0 Councilmember Anderson moved that the meeting of the Election Canvassing Board be adjourned. Councilmember Hartmann seconded the motion. � � AYES : 4 ., NAYS: 0 TIME OF ADJOURNMENT: 5:30 o'C1oCk P.M. � Kathleen M. Swanson City Clerk ATTE5T: Charles E. Mertensotto Mayor z •; CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 6, 1990 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 8:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. ti Mayor Mertensotto called the meeting to order at 8:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Hartmann and Anderson. AGENDA ADOPTION: Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. AYES: 5 NAYS: 0 APPROVAL OF MINUTES: Councilmember Blesener moved approval of the minutes of the October 30th meeting with no changes. Councilmember Hartmann seconded the � motion. x AYES: 5 NAYS: 0 CONSENT CALENDAR: Councilmember Cummins moved approval of the consent calendar for the meeting. • a. Acknowledgment of the Building Activity report for October. b. Acknowledgment of September Fire Department Report. c. Approval of a Fence Permit Application for 1938 Dodd Road. d. Approval of the Batesville Casket Building Permit. AYES: 5 NAYS: 0 RECOGNITION OF DEPARTING REPORTER RON BROWN Page 2 November 6, 1990 e. Approval of a one half foot (0.5') rear yard setback and a three foot (3') side yard abutting a street variance for 1096 Avanti Drive (CASE NO. 90-40: Kueppers). f: Approval of Personnel Classification Adjustments. g. Approval of the Updated Election Judge Resolution - RESOLUTION NO. 90- 78. ti H. Approval of the List of Contractors. i. Approval of the List of Claims j. Approval of Designation of Fixed Holiday - Christmas Eve, 1990. Councilmember Blesener seconded the motion. Councilmember Blesener stated that the Fire Department Truck Rodeo should be advertised so that the community can see it as an organized event. Mayor Mertensotto formally recognized Ron Browne for his service with the Sun Current and their coverage of the City of Mendota Heights. The Mayor thanked Ron for his fine efforts with the newspaper. Mayor Mertensotto extended the best wishes of the City and congratulated Ron on his success. Mayor Mertensotto stated that he felt Ron had done a admirable job of covering both sides of some very difficult issues. Mayor Mertensotto stated that this was very important because the Sun Current is a basic media outlet for informing our community and he felt that they had done a good job through Ron as a reporter in our < � Page 3 November 6, 1990 community. Mayor Mertensotto wished Ron Browne well in his future endeavors. Ron Browne stated that he enjoyed covering the City of Mendota Heights and he has felt that our government and staff has always been open and available, even on thorny and controversial issues. Mr. Browne stated that it has been nothing but a pleasure in dealing with the City of Mendota Heights and that he felt that Mendota Heights was an example of how local government should be operat�d on an open basis. The Council as a whole wished Ron good luck in the future. HEARING: CASE NO. 90-38 STRUB - CONDITIONAL USE PERMIT AMENDMENT Mayor Mertensotto introduced this item and stated it was the second time it had appeared on the Council agenda. John Curran stated that Council had requested a redesign of the site plan to be consistent with the existing building next door. He stated that architects had come up with a new design for the exterior building materials in order to match the existing building. Mr. Curran showed Council, on a new site plan drawing, the changes in design. Mr. Curran stated that the building would be mostly cedar and brick and that it would blend with the other building, however, the building was taller to accommodate the magnetic resonance imaging machinery. Mr. Curran explained that the site plan Council was viewing had been changed slightly to allow better access to the rear of the site in order to better accommodate trucks and turning ratios. Mr. Curran stated that Buell Landscaping would be doing the design and that it would be similar to the existing building including rock gardens, trees, low shrubbery and berms. Mayor Mertensotto felt that the canopy on the entrance to the building was higher than necessary. Mr. Curran responded AYES: 5 NAYS: 0 MENDAKOTA BALLFIELD Page 4 November 6, 1990 that the height requirements for vehicle clearance dictates the height of the canopy. Councilmember Blesener inquired why the curb cut off Highway 13 was 35 feet wide. She felt this was slightly excessive. Mr. Curran responded that MN DOT sets the requirements for curb cuts. Public Works Director Jim Danielson stated that the applicants need a permit from MN DOT and that if MN DOT requires a 35 foot curb cut then that is what the applicant must provide. Mayor ti Mertensotto asked the Engineering Department to follow up and find out from MN DOT if 35 feet is required. The Council felt that 30 feet or less would be better for the curb cut. Mayor Mertensotto stated that he felt the resolution adopting the approval of the Conditional Use Permit amendment should state that the applicants shall apply for replat within four months. Councilmember Cummins moved that the City Council adapt RESOLUTION NO. 90-79, "A RESOLUTION APPROVING A MINOR AMENDMENT TO THE CONDITIONAL USE PERMIT AND PLAN APPROVAL FOR RIVERWOOD PLACE." Councilmember Hartmann seconded the motion. ' Mayor Mertensotto explained that at the previous Parks and Rec Commission Meeting the Commission recommended that the City pursue acquiring the Mendakota site with the last offer to C. G. Rein based on the City appraisal. Mayor Mertensotto described the site as being approximately 10 acres, flat, a good site for ballfields and excellent proximity to the road system and the middle of the City. Mayor Mertensotto explained that the City appraisal was for the amount of $583,000 and that C. G. Rein had countered with an ti Page 5 November 6, 1990 appraisal of $754,000.` Mayor Mertensotto stated that negotiations have worked out a proposed purchase agreement that has been signed by the landholder. Mayor Mertensotto stated that this was for Outlot A of Mendakota Estates and that the purchase agreement was for the amount of $525,000 plus the City assessments which amounted to $83,000. Mayor Mertensotto stated that he had a letter from John Huber, Chairperson of the Parks and Rec Commission, stat�i.ng that the Parks and Rec Commission's desire for the acquisition of this land as a ballfield site to fulfill the referendum for parks. Mayor Mertensotto stated that he and John both felt that the City is probably in as good of a position as we will ever be and that this land purchase would acquire 10 acres adjacent to a ni:ne acre dedication that the City already holds. Mayor Mertensotto explained that the City would pay for this with $525,000 from the Parks Bond Referendum issue and that the $83,000 for the assessments would be paid incrementally on an annual basis. Councilmember Hartmann inquired if it was possible to pay for the $83,000 in assessment costs from interest on the additional referendum funds. City Treasurer Shaughnessy stated that interest� earnings would come close to covering the annual assessment cost and could be allocated for that purpose. Mayor Mertensotto stated that the closing would occur on December 20 and that what the Council was approving tonight was to enter into the purchase agreement and then move forward to the December 20 closing. Councilmember Blesener felt that this was an excellent acquisition to fulfill the referendum and moved to adopt a motion AYES: 5 NAYS: 0 AYES: 5 NAYS: 0 Page 6 November 6, 1990 approving the purchase agreement. Councilmember Cummins seconded the motion. , The Mayor and City Clerk should be authorized to sign the purchase agreement on behalf of the City.Mayor Mertensotto stated that the purchase agreement also included a requirement that an updated abstract and,a title insurance binder�be provided as part of the transaction. ti City Administrator Tom Lawell stated that the Parks and Rec Commission has asked to be given direction about whether this site should be developed in 1991 or be held for development at a later date. Councilmember Blesener responded that the intended use of this is a four field softball complex and that this is the direction that should be given to the consultant. Councilmember Blesener moved to direct the Parks and Rec Commission to proceed with plans on developing the Mendakota Ballfield site for 1991 construction. Councilmember Hartmann seconded the motion. Councilmember Blesener inquired of Guy Kullander, Parks Project Manager about the final costs on the Comfort Station at the Sibley site. Mr. Kullander responded that the site costs were coming in under the $50,000 ceiling. Mayor Mertensotto stated that the building looks good from Delaware Avenue and that it's nice to see the site coming along and that everything was seeded and graded. Mayor Mertensotto asked Public Works Director Jim Danielson if the City Engineering staff was satisfied with the drainage situation along Marie Avenue. Public Works Director Jim Danielson responded that "yes" the drainage system appears more than adequate. Mayor Mertensotto L � Page 7 November 6, 1990 requested that the Engineering Department monitor it in the spring as the people in the area north of Marie Avenue are concerned about the newly graded fields. POLICE DEPARTMENT DONATION FUNDS City Administrator Tom Lawell explained that Chief Delmont is requesting Council to approve expenditures of donations to the Police Department. Lawell stated that the police officers in the department had desired to use donation money to reimburse officers for the conversion of their firearms to a�nore modern type of firearm. City Administrator Tom Lawell stated that a number of Officers voluntarily converted to the more modern firearm at their own cost of approximately $400 to $500. In each instance the conversion was to a department approved firearm and each Officer was required to train and be certified on the new weapon. City Administrator Lawell stated that Police Chief Delmont recommend that each officer who converts or has converted to the recommended, approved models of firearm be reimbursed $350 out of the donation fund. Lawell stated that Chief Delmont's recommendation states that this reimbursement will be limited to officers who purchase firearms that comply with the Department's policy. Mayor Mertensotto stated that there should be a clear understanding that money gifted to the Police Department is donated to the City of Mendota Heights. Mayor Mertensotto stated that these are not Police or Fire funds and that the City Council must authorize all purchases. Mayor Mertensotto stated that there in lies the control of City donation funds. Mayor Mertensotto stated we can approve this request with the understanding that this is a gift to the City and that any donation must be approved by the Council and that City Council must authorize funds to be Page 8 November 6, 1990 expended as part of the claims list. Councilmember Jan Blesener stated that the City Council should authorize any donation and any expenditure. She felt that the donor should have some control over these expenditures. Councilmember Anderson stated that the VFW gave this money to the Police Department. Anderson stated that this item should not wait for inclusion in a future budget, that the Police Chief has made his recommendation and that he believes the City Cou�cil should approve his recommendation. Councilmember Cummins moved to authorize to recommend expenditure for reimbursement of firearms with donations to the Police Department. Councilmember Hartmann seconded the motion. AYES: 5 NAYS: 0 COUNCIL COMMENTS: Councilmember Cummins stated that he wished to commend the Fire Department on an excellent job with the traffic control in the second precinct during the vote on November 6. ADJOURN: There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned. Councilmember Hartmann seconded the motion. AYES: 5 NAYS: 0 TIME OF ADJOURNMENT: 9:22 P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor c � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES OCTOBER 23, 1990 The regular meeting of the Mendota Heights Planning Commission was held on Tuesda�r, October 23, 1990 in the Hall Council Chambers, 1101 Victoria Curve. Chairperson Morson called the meeting to order at 7:33 O'Clock P.M. following members were present: Koll, Dwyer, Dreelan, Morson, Krebsbach, Duggan and Tilsen. Also present were Public Works Director Jim Danielson, Planning Consultant Malloy and Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. City The Tim APPROVAL OF Commissioner Dw�er moved approval of the MINUTES minutes after minor changes were made to the September 25, 1990 minutes. Commissioner Dreelan seconded the motion. AYE5: 6 NAYS: 0 Morson abstain CASE NO. 90-40 Mr. & Mrs. Fred Kueppers of 1096 Avanti Drive KUEPPERS appeared before the Planning Commission to VARIANCES present their four season porch addition requiring side and rear yard setbacks. Commissioner Tilsen inquired about the exter' r materials to be used in the addition. Mr. I�eu�pers responded that the exterior mater3�/ls are exactly the same as those on the house. Mr. Kueppers also commented that the porch addition, with the new windows designed for it, would help to break up the long wall along the west side of their house. Commissioner Duggan recommended that City Council grant approval for a one half foot (1/2') rear yard setback and a three foot (3') side yard abutting a street variance. Commissioner Dwyer seconded the motion. AYES: 7 NAYS: 0 CASE NO. 90-39 Mr. Dick Putnam of R. A. Putnam and Associates PUTNAM MINOR presented his plan for a neighborhood center COMPREHENSIVE at the corner of Mendota Heights Road and Dodd PLAN AMENDMENT Road. Mr. Putnam stated that the site is 10 acres and would include a neighborhood business center, child care and elderly housing. Mr. Putnam reviewed the history of the southeast area plan as it relates to this parcel. He stated that the Planning Commission had recommended concept B2 which included a commercial area on the corner and high density for the eastern portion of the site. Mr. Putnam stated the Council adapted Concept B1 which had the whole 10 acre site guided as high density residential. Mr. Putnam e�lained that he felt Council was concerned that should commercial development go in on this corner it would spread to the north corner where the Bridgeview Shores property has now been platted for single famil� development. Mr. Putnam stated that at the time Council made this decision there was not a lot of development in the area, that the roads weren't even extended at that time. Mr. Putnam stated that the past proposal had had a property option with O�us Corporation and that they needed a decision. Mr. Putnam stated that when the first proposal failed to win a rezoning, he ended up buying the property from Opus Corporation. Mr. Putnam explained that he had been in contact with Marlin Grant of Bridgeview Shores Development and the residents that live in that neighborhood and that he had spoken to Marv Anderson about his develo�ment being across the road from the new single family. Mr. Putnam explained that Marv Anderson and his representatives had looked at his site and expressed the opinion that the site was not appropriate for single famil� development and that the commercial center did seem to make some sense. Mr. Putnam also stated that he had held a meeting with the neighborhood. Chairperson Morson inquired about Eagan's development of a commercial center to the south of 494. Mr. Putnam responded that he had heard the Eagan Development would be similar to a Southdale. Mr. Putnam stated that those types of uses and services are different then what he is proposing for Mendota Heights Road and Dodd�Road. Commissioner Dreelan inquired what types of uses this neighborhood business center would have. Mr. Putnam responded that the uses would be a gas pump with a PDQ approximately 2500 square feet, a day care center, a restaurant - possibly a pizza outfit, a car wash adjacent to the freewa� of a drive-thru nature, a dry cleaners, a video store. Mr. Putnam stated that a yogurt shop would be appropriate for the small 800 square foot detached structure shown on the plans. Mr. Putnam stated that a family restaurant, similar to a Baker's Square, would be appropriate for the 4000 square foot detached building close to Mendota Heights Road. Mr. Putnam stated that the office building shown on the plan would be one story, approximately 6600 square feet and would be used by professionals such as real estate, attorneys, medical, dental, Chiropractor, etc. Mr. Putnam described the center as consisting of smaller scale buildings broken up to�help compliment the residential area across the street. He stated they would have taller pitched roofs in a classical style and that the materials would be subtle and low key. He described these as buff color stucco with brick accents, wood shake smooth sawn shingles. Mr. Putnam stated that he was attempting to have what would be consider a "Belgium village" look. Chairperson Jerry Morson stated that it looked like a high quality of construction and inquired if Mr. Putnam could afford to put this much into a commercial center. Mr. Putnam �stated that he would have a very competitive, marketable rent. He stated that there is no competition near by, it's a good market, proximity to the freeway system is good with a working population near by. He has the economics that the retailers look for. Mr. Putnam stated that the cost of the land was low when he acquired it and that he can afford to put the money into the extra architecture. He stated that the advantage on the land price allows the extra c�uality in the building while allowing him to be competitive. Mr. Putnam stated that the stucco and brick it less expensive then an all brick center. Mr. Putnam stated that the pitched roof might cost a little more mone� in the beginning but because of the climate in Minnesota and the better insulation provided�by a pitched roof that there would be a savings factor on the heat and utilities in the future that would pay for itself. Mr. Putnam stated that if he didn't think it would work he wouldn't be building it. Commissioner Dwyer inquired about MN DOT plans for an extended right-a-way and a 494 ramp for Eagan and its development. Mr. Putnam stated that he hasn't spoken to MN DOT just the staff at Mendota Heights. Mr. Putnam referred to a letter by Bernie Friel. Commissioner Dwyer inquired about the trips in and out of the center and wondered if its location to the intersection at Mendota Heights and Dodd Road would create a traffic hazard and a congested situation. Mr. Putnam responded that currently Dodd Road has about 5,000 to 6,000 trips�per day and that Mendota Heights has about 1,000 trips per day. Mr. Putnam stated these traffic counts were from this summer generated for the Centex Development. Mr. Putnam also stated that at this point the PDQ was concerned about low traffic counts for locating in his center. Mr. Putnam stated that he will put together a detailed traffic study for the public hearing in November. Commissioner Dwyer inquired about how Mr. Putnam felt his new center would impact the existing facilities at the Mendota Plaza. Mr. Putnam stated that he had heard these concerns about Mendota Plaza since 1985. He felt his uses were slightly different than a B4 shopping center. Commissioner Duggan stated it takes a certain number of families to support a shop�ing center and he believes the demographics may be low to support both the Mendota Plaza and Putnam's proposed center. Commissioner Duggan stated that he had concerns about the existing traffic at the intersection of Dodd and Mendota Heights Road and what this new center would�do to this traffic. Duggan stated that he felt someone will get killed at Dodd and Mendota Heic�hts Road. Mr. Duggan stated that he feels this center will draw extra traffic from Northwest Airlines and Eagan. Mr. Duggan stated from a business concept this center was excellent, however, traffic is a major concern. Mr. Duggan also stated that the extra traffic would cause an increase in noise and air pollution from the extra cars. Mr. Duggan also stated that he felt stucco can be cheap looking, especially over a long period of time. Commissioner Krebsbach inquired what would Mr. Putnam do if this project failed to receive a rezoning. Mr. Putnam stated he would sell the property. He stated it is guided high density residential planned unit development and is currently zoned R1. Commissioner Krebsbach stated that she had seen the previous plan and had voted for it at that time but that she didn't recall it including a family restaurant. Putnam responded that since the previous proposal he has met with staff and staff has made suggestions about the traffic flow and the different types of uses and that Putnam has responded to this. Mr. Putnam described the elderly housing portion of the plan as being 40 to 50 units, one story, small buildings, located close to the commercial center. He felt that he would do this �ith a partner. Mr. Putnam stated that the elderly housing portion of the project would not be appropriate until the commercial is in. Commissioner Tilsen stated that he finds the plans pleasing in many ways, however, he did have a concern about the access to the filling station. Mr. Tilsen also stated that he had concern about the proximity of the highway ramp and the noise problem and inquired if the child care center could be flip-flopped with the play area in order to minimize the noise impact at the play area. Mr. Putnam responded that the noise problem was worst at the west end of the project and near the highway ramp and that it wasn't quite as bad at the child care center, however, he would take a look at this. Mr. Putnam stated that he would look at these concerns and attempt to address them and would also come back with traffic numbers for the �ublic hearing in November. The Planning Commission thanked Mr. Putnam for his pre- application conference. CASE NO. 90-24 J.A. DEVELOPMENT CUP FOR PUD Commissioner Dwyer made a motion to close the public hearing for the J. A. Development proposal. Ultan Duggan seconded the motion. AYES: 7 NAYS: 0 This action closes the application for J. A. Development as they have withdrawn their request. CASE NO. 90-37 TURNER'S GYMNASTIC CENTER � CUP AND LOT SPLIT Commissioner Dwyer made a motion to close the public hearing. Commissioner Koll seconded the motion. AYES: 7 NAYS: 0 This action closes the application for Turner's Gymnastic Center as they have with- drawn their request. CASE NO. 90-42 CITY OF MENDOTA HEIGHTS ti ZONING ORDINANCE AMENDMENT Mr. John Streeter and Mr. Ed Paster representing Paster Enterprises, presented their case for adding movie theaters as a permitted use in the B4 zoning district. Chairperson Morson opened the public hearing by inquiring what exactly is•a "family" theater. Mr. Streeter explained that Mid-Co Theater Company was proposing to put in a discount theater in the old Country Club Grocery Store area of Mendota Plaza. Mr. Streeter stated that Mid-Co Company operates the Terrace in Robbinsdale and the Springbrook Theater in Coon Rapids. What they are proposing here are four theaters with a total of 1400 seats. Each seat would sell for a $1.50. This is a second run theater, well developed with good seats, a wide screen and a spacious lobby. Generally the types of pictures shown for this theater would be G, PG, and PG-13. Mr. Streeter stated that second run movies are shown after the premiers occur at full admission theaters. Mr. Streeter stated that this theater was very similar to Highland Theater. Commissioner Duggan inquired if there was enough attraction and demographics for 1300 seats. Mid-Co representatives stated that the demographics are usually done on a ten mile basis for customers, however, the theaters will work with a five mile demographic if there is 200,000 people within those five miles. Commissioner Duggan inquired if it will draw from W. St. Paul and the theaters that currently exist there. The Mid-Co representative stated that "yes" their theaters at Terrace and S�ringbrook draw in a similar situation. The Mid-Co representative stated that G, PG and PG-13 movies work well because they drawn families to the discount prices. The accessibility to the intersection of Dodd and 110 also works well for the theater. Commissioner Dwyer inquired about the marqee sign and the lighting for the movie theater. Mid-Co representative stated that the name of the feature and the rating are all that are needed on an attraction board. He stated this attraction board would carry 10-12 inch letters. Mid-Co representative stated that R and NC-17 pictures do not make much sense in a family type location such as this. He �tated their intention would be to revert to a full run theater if the discount theater doesn't work. Commissioner Duggan inquired if it would be appro�riate to have a video store next door. The Mid-Co representative stated that "no" the movie theater does not compete with video or T.V. Commissioner Duggan inquired if the theaters will be separated by fixed walls. Mid-Co representative responded "yes" there would be 350 seats per theater separated by • fixed walls. Commissioner Duggan inquired if the theater space would be available in the daytime for conventions, Kiwanis and meeting facilities. The Mid-Co representative responded that "yes" they would make their facilities available for this. Planning Consultant Tim Malloy stated that the principle use would be the main generator of traffic at the building. Mr. Malloy felt that the secondary uses would not cause a problem as they would not draw much traffic to the parking area. Commissioner Krebsbach inquired if the movie theater would include video games. The Mid-Co representative stated that they might have four or five video games within the lobby area of the movie theater. Commissioner Krebsbach replied that this should be held to a minimum as she believes the presence of video games changes the atmosphere and becomes a hang out spot for children and adolescents. Commissioner Duggan inquired about the total number of parking spaces. Mr. Paster responded that there is capacity with room to expand in the rear should more parking spaces be needed. Mr. Streeter stated that the developers are aware of the City's parking regulations and they will meet with staff to discuss a proof of parking plan. Commissioner Dwyer inquired about the work force. Mid-Co representative stated that they would hire 25 people, mostly high school age, with two full time employees and the rest of the staff being made up of part time employees. Commissioner Tilsen inquired about the hours of operation. The Mid-Co representative stated that movies would run at 4:30, 7:00 P.M. and 9:00 P.M. to midnight, with the possibility of matinees in the fall or winter. Mr. Paster stated that the immediate community is where they would drawn their work force from and that there would be employment opportunities for local use. Commissioner Tilsen inquired what types of security measures the movie theater would take. The Mid-Co representative res�onded that the normal employees would provide the security and that this included two full time employees and 25 part time em�lo�ees. Commissioner Duggan inquired if it would be possible to place a condition on the movie theater that they would not run NC-17 movies. The Mid-Co representative stated that they are responsible for the movie theater and are aware of local reaction to NC-17 movies. The Mid-Co representative responded that he could not say they would never run NC-17 movies, however, he stated that this would not be in their interest as they attempt to attract a family audience and that the majority of their movies would G, PG, PG-13. Mid-Co Representative stated that they operate many small town theaters in this region and are aware of the responsibilities of running a movie theater in a family residential area. Mr. Paster stated that the Mendota Plaza people are also very sensitive to this issue. Commissioner Duggan inquired what are the zoning ramifications of allowing movie theaters as a permitted use in the B4. Planner Malloy responded that this is the only B4 district in Mendota Heights, so the ramifications would not exceed this site. Commissioner Duggan moved to close the public hearing. Commissioner Dwyer seconded the motion. AYES: 7 NAYS: 0 Commissioner Duggan moved to grant the zoning amendment request and to direct the staff that a public hearing be held at the November 20 City Council meeting. Commissioner Krebsbach seconded the motion. AYES: 7 NAYS: 0 CASE NO. 90-36 LINVILL ORDINANCE AMENDMENT CHURCH AS CUP IN INDUSTRIAL ZONE Mr. Ralph Linvill provided a brief presentation of his proposal for an ordinance amendment allowing churches as a Conditional Use in the industrial zone. Chairman Morson stated that it appeared to him that 2600 square foot area for the church was approximately three class rooms each with 50 chairs in a room. He inquired if this was correct. The pastor of the church stated that last Sunday 40 people had been in attendance at the mass. He stated that currently they were operating under a two year lease with Mr. Linvill. The pastor stated that they have a savings account and a building fund. He stated their long term goal was to move into their own building. Chairperson Morson inquired if the Conditional Use could be limited to three to five years. Mr. Linvill stated that there was a time limit on the lease that the church had entered into and that the lease also included important parking restrictions during the weekday. Mr. Linvill explained that these parking restrictions allow only five spots during weekday hours. Chairperson Morson inquired, "what about Christmas, Good Friday and other holidays?" Mr. Linvill responded that the businesses were also shut down on holidays and that he didn't feel parking would be a problem for the church on holidays. AYES: 7 NAYS: 0 AYES: 7 NAYS: 0 Commissioner Duggan stated that he had toured the facility and had attended a mass. He stated that the church has put $7,000 into renovations of the leased area, that they have seating for 60 people and it appears to him that they could hold approximately 120 as a total capacity. Commissioner Duggan thinks that it is a excellent use for the building. Commissioner Duggan stated that he would like the Conditional Use Permit on three to five years with a renewal option for the City. The pastor responded that they figure their seating for a 100 maximum use in the lease space. Planning Consultant Tim Malloy explained that the process would be to amend the ordinance to allow churches in the industrial zone as a Conditional Use Permit. Mr. Malloy stated that the church or Mr. Linvill would then have to approach the City to process a Conditional Use Permit. This would require an abstract of all the property owners within 350 feet and would provide notice to the neighbors about the new use. Mr. Malloy explained the parking situation and felt that even on the weekends if there was a parking overflow it would have an insignificant impact in an industrial zone, as compared to a residential zone. Commissioner Dwyer moved to close the public hearing. Commissioner Duggan seconded the motion. Commissioner Duggan moved to recommend that City Council amend the zoning ordinance to allow churches in the industrial zone on a Conditional Use Permit basis. Commissioner Krebsbach seconded the motion. The Commission directed staff to publish for a public hearing at the November 20 City Council Meeting and to send a notice to both Mr. Linvill and to the church about the November 20 Council Meeting. VERBAL REVIEW: Jim Danielson provided a verbal review for the planning items at the previous October City Council Meeting. ADJOURN: There being no further business, the Planning Commission adjourned its meeting at 9:35 O'clock P.M. ti CITY OF MENDOTA HEIGHTS TREASURER�S REPORT OCTOBER 1990Ui� DAROTA COUNTY STATE BANR Checking Account 5� Savings Account 5 1/2 C.D. Rep 7.00o Collateral - Bonds Gov't. Guar. CHEROREE STATE BANK C.D. due 12/13/90 @ 7.250 Savings Cert. 2/28/91 @ 7.2% Collateral - Bonds Gov't. Guar. U.S. Treasurey 8 5/8% 5-15-93 Notes $500,000 yield 8.728% BALANCE $109,179.51 512.45 200,000.00 309,691.96 $646,000.00 $100,000.00 $350,000.00 $ 13,952.59 $363,952.59 $600,000.00 $100,000.00 $498,671.88 COLLATERAL $746,000.00 $700,000.00 Value 10-31-90 (est.) U.S. Treasurey Money Mkt 1,151,328.12 (1,581,684.00) Gov't., Securities Fund 1,200,000.00 (1,800,000.00) TOTAL FUNDS AVAILABLE: $3,523,644.55 Funds Available 12/31/89 6,026,184.56 10/30/89 3,087,477.00 Rates Monev Market Oct. 30 Bank 7.00% Fid 7.84% Escrow Funds (American National Bank) 9-30-90 City Hall Buildings Railroad Crossing Total LES:kkb $ 24,868.58 $157,094.82 $181,963.40 � 1 LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL November 20, 1990 General Contractors License Banaszewski Construction Co. �.. Equipment Supply Inc. e Garden City Construction Co. Grinnell Fire Protection Systems Co. JBL Plastering Landico, Inc. � McGough Construction Co., Inc. ' Phillips Klein Co., Inc. Wenzel Plumbing & Heating, Inc. Excavatinq Licenses Bjorkman Excavating Imperial Developers State Mechanical, Inc. Gas Piping License DJ's Heating & Air Cond., Inc. Masonry Licenses Bakke, M.-Inc. Compton, R.W.-Inc. Elko Construction M.W. Concrete & Masonry Co., Inc. Skluzacek, R & L-Const., Inc. Heating & A/C License DJ's Heating & Air Cond., Inc. Sign License DeMars Signs, Inc. Rubbish Hauler License Roadway Rubbish � November 20, 1990 TO: Mayor and City Council CLAIMS LIST SUMMRRY: TotaZ Claimc Significant Claima Bond payments $ 414,347 American National Bank 5,226 lst Trust 51,750 N. W. Bank 89,850 Insurance a:;�?sk��S�:h G p��g ilnusual Claims t 62,928 365,971 W. St. Pau2 Reimb of Coanty share Ruby Drive 5,374 Sibley Comfort Station JTS Svc 1,595 ...y.. .. ....,,. .ay.. ..iu-a�u a.nt.i uyo �^� ---°- IZ 20 � D Z5-Engr 60-Uti2ities 26slVc�v 9�3Q� / /90 Cia2ms Ltst Fage � � 20=Police 7'p-Parks Fr.1 £:+:rZr.� RTY �2ty ot' Mci�dnta Hesghts • 30-Fire 8p-PZanning _ 3euip C»eck facsmfa�r s 40-CEO 85-Reaycling 90-Animal Con�roZ ?emp_ , . �Yr�csc ti" tvumtaer^ Ver�dc.r� tdam� ficccunr �aee Cc�mrrrents , �+���r+ti ' c. � # f�} t! t} Y,4� -44Bh2t-2 1+2s-1 tZ+ 1 2! 2 mtg 9RZr. t2�tZ4 ' Y +'i2e. �2t F 8 . S�nta25 Ternp C#�ecic rifcrmber^ 1 , TeMf7r Cht?clr ntetnrtrer £` . 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S. Post Office recycling _�__.__ ___Z2880 __. 5,000.00 _ Mendakota Apts Ltd __. _�earnesf_�noney_ Park acq___._ I2881 150.00 He.nni�3m County•Warrants P.D. 12882 139.60 Minn Book Store " �._._ ___12883 -__- _ 41.19-.Audson hfap._____..__._�.—__—street.atlas_.P.D. ___.____� 12884�887 I,475.55 Firearms/dry cing reimb P.D. 87,668.23 ____ .._ ._...._.__ .-- ---- - � __.__. -- •--�.�._------------------•— -•---.__�_._�-�- G.T. 502,015.40 ���; flrand iota] 0 - -•----..�. 90. �8r - ---•--------- ------------ •. : 32�. g,¢ ss: ' t, c; �; �' 36.`-�' _-__.-------•-----�-------------•--------- .v. i..=`ti. �� ' .� ti4. Q+IZ� �d=t �.:� ------ • - --------- -------- —•---------- �; ;- 4 YJ. 7� � ��_i 1 _"'"_' � ' _'_'_"'...__��,._.A-�_.._-�4�� :.a� __________ .,5, : ------929� 347,�1 �--- --------'--- ------'�---� ;`: JL �.� ` lt. � c,-,� c�j . . ,,. a; ----_.. _.._ - ---- ---- ----- ------- --------• -- <. iti . �; ' �,, � t' r CITY OF MENDOTA HEIGHTS DAKOTA COUNTY PARRS AND RECREATION COMMISSION MINUTES NOVEMBER 13, 1990 `,, The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday November 13, 1990 in the City Hall Conference Room, 1101 Victoria Curve. Chair John Huber called the meeting to order at 7:00 o'clock p.m. The following members were' present: Huber, Kleinglass, Damberg, Hunter and Spicer. Katz and Lundeen were excused. Staff inembers present were Parks Project Manager Guy Kullander and Administrative Assistant Kevin Batchelder. APPROVAL OF MINUTES AYES: 5 NAYS: 0 MENDAROTA SITE Commissioner Kleinglass moved approval of the October 9, 1990 Parks and Recreation minutes. Commissioner Damberg seconded. ti Chair John Huber presented a thank you note from children in the Friendly Hills neighborhood for having the City crews move a tree that had been inadvertently planted at the base of their favorite sliding hill. Chair John Huber explained that the Mayor, in response to the Park and Recreation Commission recommendation to make a final offer to C. G. Rein on the purchase of the Mendakota site, had been successful in obtaining a signed purchase agreement based upon the City's appraisal of the property. Huber explained that the purchase price was within the budget for the park referendum. Huber stated the agreed upon price was $525,000 for the land with the City also paying $83,000 for the pending assessments for a total of $608,000. Huber stated that the City Council agreed to enter into the purchase agreement at their November 6, 1990 meeting and that the closing would occur on December 20, 1990. Huber stated that the budget looks okay and that City Council had directed the Parks and Recreation Commission to begin planning for 1991 construction of the site as a four field softball complex. Parks Project Manager Guy Kullander requested that the preliminary discussion of the site layout and design be held over until the rest of the items on the agenda had been handled. The Commission concurred. AFTER SCHOOL PROGRAM Administrative Assistant Batchelder reported that the City had received the evaluations of the Summer Adventure program from the Community Education department of ISD-197. Batchelder stated that the program was a success and that the Community Education department was requesting the same amount of funding from Mendota Heights, $3,000, to continue this program in 1991. Batchelder stated that Mendota Heights participation in the program had been 21�, and that in light of this low level, the school district was holding our fund level the same and requesting an increase from West St. Paul in order to balance funding with participation. Batchelder stated that Sally Warring, Director of Community Education, would appear at 8:30 p.m. to answer any questions. _ AYES: 5 NAYS: 0 TRAIL MAPS Commissioner Dick Spicer moved to� recommend that City Council, during the budget approval, authorize $3,000 from the Recreation Contigency line item to fund the After School Program's Summer Adventure in 1991 contingent on West St. Paul agreeing to fund in 1991 also. Commissioner Stephen Hunter seconded the motion. Parks Project Manager Guy Kullander reported that the Trail Map requested by the Commission could be two color with photos and black ink showing the complete trail and park system. Kullander estimated the cost of preparation, printing and postage to be approximately $3,000. He stated this would include the mailing of a map to all 3,400 mail drops in the City. Kullander stated that the referendum's proposed budget did not include funding for a trail map per se. Kullander stated a possible funding sources could be the Special Parks fund. The Commission discussed funding sources. Chair John Huber inquired if it was possible to have advertisers buy space on the map that would cover the cost. Huber felt the Police Department might want a service message included also. The Commission concurred that the map should be done and directed staff to explore funding options, advertising and preparation for a Spring mailing. Kullander explained that Spring would be the � � appropriate timing for this mailing and that the map would include the rules of the trail. Comissioner Spicer inquired if it was possible to share the cost with the City's general fund. RENSINGTON ALTERNATIVE PLAN REVIEW Mr. Dick Putnam and Mr. Tom Boyce briefly discussed their recent attempt for a rezoning at the Kensington project and the alternatives left to them since the rezoning was not approved. Mr. Putnam stated that proposing an alternative plan, that attempts to address the concerns of the different interests involved, seemed to be a worthwhile approach. Mr. Putnam described the alternative plan with the smaller lot single family housing replacing a majority of the condominium units. He stated the alternative plan now showed all single family or park use along Mendota Heights Road from Huber Drive to Delaware Avenue. Councilmember-Elect Jill Smith arrived.� Mr. Putnam stated that the park concept envisioned in the original proposal was a major facility. He stated that this concept has shrunk the size of the park but•still provides for three softball fields and a neighborhood park. Mr. Putnam stated that the park still offers approximately 15 acres of land with most of the land being usable park land. He stated the original plan included pond and power line right of way, that while providing open space, really wasn't usable park space. Mr. Putnam outlined the original park as including two soccer fields, three softball fields, trails, wooded picnic area, neighborhood park facilities, and a pond. Mr. Putnam stated that the new scenario was having single family lots over a larger share of the site thus reducing the multi- family units and replacing this with single family. He explained that the southwest portion of the site is not conducive to single family with the freeway noise and air traffic. Mr. Putnam compared the smaller lot sizes of 9,500 square feet as being similar to lot sizes in Eden Prairie, Edina and Plymouth. Mr. Putnam stated that in designing the alternative plan, Centex had considered just offering a neighborhood park along Mendota Heights Road, similar to Plan A, the original sketch plan from 1987. Mr. Putnam stated that Councilmembers and City staff had indicated to him that the City would desire retaining a community recreational aspect to the park dedication, so room had been included for � three softball fields and parking should the City decide this is how they want to develop any park dedication. Mr. Putnam also stated a cash dedication was considered. Mr. Putnam stated that the alternative plan was given to City Council who felt the pursuit of an alternative was worthwhile and directed the Planning Commission and Parks and Recreation Commission to begin the review process. Mr. Putnam stated that Centex had held a neighborhood meeting. Mr. Putnam felt it was well received by the neighbors who expressed a few concerns and a desire for more details. Mr. Putnam described the proposed park dedication. He stated the three softball fields were the same size as the original proposal - 265', 275' and 280' fences - 100 parking spaces, room for comfort station and a warmup or practice inf�.eld. Mr. Putnam emphasized that he is not proposing what the City should do with its dedication, only what he believed the City desired. Mr. Putnam described the dedication as 10.2 acres along the freeway for ballfields and 4.6 acres along Mendota Heights for neighborhood park for a total of 14.8 acres. He stated that the total site is 104 acres and a 10� dedication would be 10.4 acres. He stated that the proposed dedication is 12 acres less than the original proposal, but emphasized that this is all usable space, not pond and power line right of way. There would be an 8-10 foot berm between the ballfields and the single family houses with shrubbery planted along it, he stated, and the parking area entrance could be secured after hours. Mr. Putnam stated all the streets in the project would be served by sidewalks. Mr. Putnam stated that a neighborhood park facility made sense for the park dedication along Mendota Heights Road. Commissioner Hunter stated that he wondered if it was appropriate for the Parks and Recreation Commission to make a recommendation on the proposed park dedication at such an early stage, when it is only conceptual. He stated that he felt bad for Centex, that they had been dragged through so many options and adjustments to the park dedication. Commissioner Spicer moved to recommend approval of the Kensington Park plan as presented in concept form. Commissioner Damberg seconded the motion for discussion. � The Commission discussed the merit� of a combined park instead o� the two separate parcel�. The Camanzssion discussed the need for sof�ball fields now that Mendakota Park has been purch�sed and schedu3ed for a four field so�tball complex. Commissioner Spicer sta�ed that the original intent was to develop Sibley and Kensington while hoping that Mendakata might become a reality, He stated �hat now that Mendakota was acquired and scheduled for Spring construction that the emphasis on Kensington Park might shift. Commissioner Spicer stated that Mend-Eagan has 1,20Q kids in its programs and that youth fields might be more appropriate for Kensington Park. The Cammission discussed the mix af softball and soccer and the possibility of Kensington Park being a graded, seeded multi use area by the freeway and the portion by Mendota Heights Road a neighborhood park. The Commission discussed the possibility af accomoda�ing soccer fields in the south�rn portion of the park dedication. Chair Jahn Huber stated he feels it is preliminary to make any Park� Commissian approval this evening. Huber stated that he feels the 15 acre dedica�ion should be laoked upon favorabl�, but that he wants �he Commission to be able ta look at the dedica�ion again when more detailed plans may be discussed. Commissianer Spicer withdrew his motion of approval. • Commissioner Kleinglass moved that the Parks and Recreatian Commission should encaurage the developer to proceed with the concept that was presented, it being an acceptable plan that should move forward to the Planning Commission for review with the Parks and Recreation Commissian aonsidering the details at a later stage. Commission Ghair Huber secanded the motion. AYES: 5 NAY5: 0 Mr. Dic� Putnam stated that he wiil take what he heard tonight and work with it as he designs and plans for the Planning Commission. VERBAL IIPDATES Park� Project Manager Guy Kullander provided updates to the Gammissian on: 1. Olin development and park dedicatian is on hold as Dr. alin and his neighbors are unable to agree on the subdivision. 2. Valley Park foul poles. Costs of providing pads and removing the poles discussed. The Commission decided the foul poles would remain as is. 3. ISD-197 will be approaching the City about joint upgrades of all the softball and baseball fields at City schools. 4. Somerset School trail link from Brookside Lane to Dodd Road. Trail easements at Sibley High School along Delaware Ave. 5. Crosswalks at Dodd Road striped for trails. 6. The final contracts for the park improvements and trails are being finalized with the final costs to be determined for the December meeting.` 7. Sibley site contract. 8. Third ballfield sites that were being considered before the acquisition of Mendakota. 9. Discussions with MnDot about the T.H. 149 turnback. 10. Distance markings and signage for the trail system. AFTER SCHOOL PROGRAM Sally Warring, Director of Community Education, arrived and discussed the After School Program with the Commission. She stated that they had been asked to present the After School Program to a statewide convention as a model under the category of cooperation. Ms. Warring stated that West St. Paul enjoyed a locational advantage and that has led to their higher numbers of participation. She stated they would ask West St. Paul for a higher � proportional funding amount. She also stated that the school district was considering cutting back the summer school program to expand the After School Program because it had been so successful. MENDAROTA PARR Parks Project Manager Guy Kullander gave a brief overview of the land acquisition at Mendakota Park. He stated the acquisition was 10.7 acres that would be added to the 9 acres already dedicated. Kullander stated that this site was a premier ballfield site. He described how the Citizen's review committee had included soccer on this site, then not included, then included it again and then finally left soccer out. He stated the Commission r A ADJOURN would have to consider if they want to include soccer on this site. Kullander stated the Commission should give Barry Warner an indication of uses so that Barry could prepare schematic designs for consideration. Kullander presented a preliminary sketch showing four softball fields, one full sized soccer field, parking, ice rink, open area and comfort station with the neighborhood amenities on the west end of the site. Parking under the power lines was discussed. The Commission discussed a pinwheel softball design without the soccer field. The Commission directed Barry Warner to provide schematics for a four field softball complex with, and without, soccer fields and including parking, neighborhood amenities and play equipment, hardcourt, volleyball, horseshoe pit and ice skating area for the special meeting on November 27th. There being no further business, the Parks and Recreation Commission adjourned until the special meeting to be held on Tuesday, November 27, 1990 at 7:00 o'clock p.m. at City Hall. Ajourned at 9:30 p.m. Respectfully submitted, Kevin Batchelder Administrative Assistant CITY OF MENDOTA HEIG$TS November 14, 1990 TO: Mayor, City Council and City Administr� FROM: Tom Lawell, City Administrator SUBJECT: Letter of Resignation - Mr. Jerry Morson � �. � DISCIISSION Mr. Jerry Morson has served on the City's Planninc� Commission since 1982, and has served as its Chairperson since April 22, 1986. On previous occasions, Mr. Morson has indicated his desire to retire from the Commission at the end of 1990, and late last week staff received the attached letter of resignation. RECOMMENDATION Respecting Mr. Morson's wishes, Council should consider a motion formally accepting his resignation effective December 31, 1990. Mr. Morson's many years of service to the community are deeply appreciated and should be publicly recognized. An appointment to fill the Chair's position is not required until January 1991. • MTL:kkb a ; �rri�:ii,:�i>^'' .:::'�'.�_�2�3`�i;.:i�ih:: MJ� �� /�a ��.a�� �` iq90 �TD �LO,P�,�{� i�'/A i�d.� 1i X>!� (,o U�%G/G s��cMBE.C2 S �i.OGE �!� ��'Z �!%� �8��� O.(� TsfE �`�.U.t�i.vG COMMlS�'/OX�j �! z Y,�'�� s4,vb �e ,�pT?¢ .+�iil.,/��Eo iT ��'j � PP.�G��7�a T.�{E O6��o�e T'U�if`r' ro �� ,pr',e Ci?S? �/ �� r'3a Gc.�"l.�� �i[%at>G� �� �.tJot�{� SO pf�"/3'✓�'' � �',C�`v�T . � MY �'��.�.9 r�o�� ��"�-�Gr�vE ,�: .��.s �.r�,�a . . M. J. Morson, sr 1442 Wad1ller Road St Aaul, 1VI'Innesota 55T18 �612] 457-1442 CITY OF MENDOTA HEIGHTS MEMO November 20, 1990 TO: Mayor, City Council and City Admini� FROM: Klayton H. Eckles ��(j Civil Engineer SUBJECT: Approval of Purchase Order for Improvement of Dodd Road Bike Trail Job No. 8920B Improvement No. 89, Project No. 6B DISCUSSION• On October 2, 1990, the City Council considered a number of options to remedy a problem with our pedestrian trail on the southeast corner of Dodd Road and Trunk Highway 110. At the meeting Council directed staff to receive quotations fo� the widening of the trail and associated storm drainage work at this location at a cost not to exceed $10,000. The following quota- tions were received. Carlson Sewer $ 6,600 Ro-So Contracting 10,750 Carlson has indicated they are ready to begin. Note: This project does not include trail widening, city crews will complete that portion of the project next spring. RECOMMENDATION• Staff recommends Council award the purchase order to Carlson Sewer for an amount not to exceed $6,600 as per the attached bid proposal. ACTION REQUIRED: If Council concurs with the staff recommendation they should pass a motion authorizing staff to prepare a purchase order in the amount of $6,600•to Carlson Sewer for improvement of the Dodd Road/Trunk Highway 110 bike trail. KHE:dfw Oct�;�er 1j . Any dead ar damagea soa SLlit11 �.,� �G��u�=� .-�� �---- Contractor's expens�. Payment for all sodding shall be based �'r � on the lump sum bid. � BID PROPOSAL ITEM QUANTITY UNIT PRICE• TOTAL PRICE Remove and reinstall L. S. 1 J D c� � � J l� U� 12"x33' CMP , • Install Catch Basin 1 EA ) Z S-o � Z� � (MnDot #4021C) Common Borrow, Compacted 50 C.Y. 2d � ��� o� in place � Class III Rip Rap, in 10 Ton �5 �_ 75U � `: place � ; 4" Topsoil & Sod, Staked L. S. L, O d� �o O� ; in place all disturbed fareas. 1 Mobilization (includes L.S. � SD� � �56d � trail damage�deduct) . Total Project Bid: �y� � � 0 ` I(we) the undersigried hereby agree to complete the above referenced project on or before the completion date listed above, for the unit prices listed in the bid proposal: FIRM: ������ ���J_r��� Signed � Date : ��'� �J~ � �� ; _� t CITY OF MENDOTA HEIGHTS MEMO November 15, 1990 To: Mayor and City Council�`� From: Kevin Batchelder, Administrative Assistan� Subject: Proclamation of Mendota Elementary Day for November 27, 1990 DISCIISSION The Minnesota Elementary School Principal's Association has awarded Mendota Elementary with the Elementary School of Excellence Award for 1990. This award is quite prestigious and Mendota Elementary was one of only four schools honored stat�wide. The award recognizes the achievements of the school and the principal, Donna Montgomery. (See attached proclamation and news release.) . Mendota Elementary School has requested that the City declare November 27, 1990 as Mendota Elementary Day and has invited the City Council to attend the award presentation at Grass Junior High School on Tuesday, November 27 at 7 o'clock p.m. The school would like to know which City officials plan on attending so please inform City Administrator Tom Lawell so he can give them a number of attendees. (See attached invitation.) ACTION REQIIIRED If the Council so desires, they should pass a motion adopting Proclamation No. 90- , A PROCLAMATION DESIGNATING NOVEMBER 27, 1990 AS MENDOTA ELEMENTARY DAY, in honor and recognition of the achievements of Mendota Elementary and its Principal Donna Montgomery in receiving a 1990 Elementary School of Excellence Award. Council should also inform the City Administrator of their reservations for the award ceremony that evening. CITY OF MENDOTA HEIGHTS DAROTA COUNTY, MINNESOTA A PROCLAMATION DESIGNATING NOVEMBER 27, 1990 AS MENDOTA ELEMENTARY DAY WHEREAS, The Minnesota Elementary School Principals' Association (MESPA) awards an Elementary School of Excellence Award on an annual and statewide basis; and WHEREAS, The Excellence Awards are granted to those schools where the prinicipal and staff have demonstrated the desire to improve the quality of elementary education by completing a recognized process of assessment, program planning and implementation; and WHEREAS, The Excellence Award is a recognition of a committment and contribution to excellence in quality education by the school, its Principal and its community; and ` WHEREAS, The Minnesota Elementary School Principals' Association has chosen Mendota Elementary and Principal Donna J. Montgomery as one of four statewide recipients for the 1990 Elementary School of Excellence Award. NOW THEREFORE BE IT HEREBY PROCLAIMED, that in honor and in recognition of the acheivement of Mendota Elementary School and Principal Donna J. Montgomery, the City Council of the City of Mendota Heights designates November 27, 1990 as Mendota Elementary School Day. BE IT FURTHER PROCLAIMED that the entire school community - the principal, the school board, the superintendent, the teachers, the staff, volunteers, students, parents, neighbors and friends - be congratulated for their hard work, dedication and committment to quality education for the children of our community. Adopted by the City Council of the City of Mendota Heights this twentieth day of November, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk � ' ���� ( 612 ) 2 2 � .-�, � � � 555 Yark S�rcel St. P�ul. �'1?� �i5 FOR IMMEDIATE RELEASE FOUR MINNESOTA ELEMENTARY SCHOOLS WIN.AWARDS � (St. Paul, MN)---The 1990-91 Elementary School of Gxcellence Awar� winners were announced today by Robert F. Arnold, �xecutive Director of th� Minnesota Elementary School Principals' Association (MESPA). The winners y are: Forest Lake Elementa.ry School, Forest Lake, MN Benjamin E. Clark, Principal P+orth Elementary School, St. Peter, MN William S. Dixon, Principal Mendota Elementary School, Mendota Heights, MN Donna J. Montgomery, Principal Watertown-Mayer Elementary School, Watertown, b1N biarvin D. Schubbe, Principal � "This award is earned by the entire school community--the princiE. the school board, the superintendent, the teachers, the staff, volunteers, students, parents, friends and neighbors of the school," Arnold said. "Th. total commitment to excellence demonstrated by each of these schools is th•. very center of quality education in this state." . "The'MESPA Award Program, established in 1985, wi11 include a major recognition event in each school's community where'all participants will receive a pin or certificate commemorating their contributions," Arnc continued. "Each school will announce its schedule of recognition events later in the year." (MORE) , � >liiuu•.��t:� I•:l�•mcnt:iry tic•I�n��l 1'rincipals' Assnr,ialian • Itoherl Arnnld. I;sccutivc pircet�ir 0 ELEMENTARY SCHOOL OF EXCELLENCE AWAR�DS �AGE 2 , An outgrowth a:E MESPA'� Minnesota Standards for Quality Elementary 1 Schools, the Awards prc�gram accepts applications from qualified schools which are �Chen reviewed by �he M.r^.SPA Standards/Assessment Task Fozce. �xcellence Awards are granted ta triase schools where the principal and staff have demanstrated the desire to improve the quality o� elementary education by campleting a recognixed gracess ot assessment, program planning and implementatian. ti Remarking an the grawing emphasis an the needs af young children, Arnold noted, "Minnesota's elemen�ary schools must pravide the foundation for all educational effarts on behalf of the child, and, as the school's tructional leader, the principal plays the key role in assuring that tbe faundation is a solid ane." "So, it is a pleasure to acknowledge the contribu�ion made by the individual princa,pal in each of the award winning scbools," Arnold said, "The tiinnesota Elementary School Frincipals' Associatian is especially pleased to sponsor this program since it evolved from an unique partnership amang educators, elected officials and the grivate sector. We are grateful for the continuing spirit of concern anc� cooperation expressed by our fri.ends in governm�nt and business," he concluded.� _ �p _ 1'�endota .�lementary schooG 1979 8ummit Lan� ?'�lendota �eights, 1'�innesota SSi 18 (612) 681 2877 October 30� 1990 Mr Tom Lowell City of Mendota Heights 1101 Victoria Curve � Mendota Heights, MN 55118 Dear Mr. Lowell, . This is a follow up of our conversation we had yesterday about the School of Excellence Awa.rd which Mendota Heights has received. As I explained, the actual presentation of the awa.rd will ta�e place at a community-wide celebration scheduled for November 27 at 7 PM in the gymnasium of Grass Junior High. This event will be open to the public and several local dignitaries will be in attendance. In conjunction with this exciting event, we are delighted that the City of Mendota Heights will agree to proclaiming Mendota Elementary Day on the 27th. I have already notified our Principal, Donna Montgomery of the November 20 City Council meeting and she will be in attendance as well as those of us involved in the event and other Mendota families as well. I am enclosing a copy of the Press Release announcing the awa.rd, should you need additional information. If I can be of further assistance, please do not hesitate to give me a call. Thanking you in adva.nce for your attention to this matter, I am Si r ly y urs, 0�. �'►� Pat Kaplan Celebration Co-Chair "WE ARE A MEMBER OF AN E�UAL OPPORTUNITY COMMUNITY" .. . • � �si. � � �, � , , .. .,• ,.s•r �.�.. � . � :� . 2"'o have �our presence � . � �µ �T�� Y- � . . at -oiir celed ration . ,�,�a �. �;i ; : . . ,�` , . _ upona receivirr� t�ie d, Y .t �i!� v.'s'� .� ., e':. . ~ :' � s Sc�iooC= o �.� � ceCCen�ce��:�l.zvard � �' ` `�' �resented d y - �= � ��4' ;s i ••2, . _ �. � ,� �l'innes'ota ��einentary �rincipa�s'��.ssociatiorc � . ; � . . . . � (�t�.s��) ..- . � . r `� ,y� '�'` ^ ..�+�`�'e , . yL+ . .�, . ._ , `�'��Y . � ,-` 1���uesda �.� 4�� �� . . � � a,..� � 'rY . . . . �ovemd er 2 7,1990 : r:(JID �.�1. � � � : C�rass .�unior �C�k SckooC � ,._ - � . � - � 181 �INest Butler �Ivenue - � 7Nest Saint �auC, Minnesota � � Sponsorec� d y _ tke staff, students arr.�famiCies of � � �Vlendota �Cementarr� SchooC � + '� CITY OF MENDOTA HEIGHTS MEMO November 9, 1990 TO: Mayor, City Council and City Adminis ra FROM: James E. Dan' ls Public Works ir � SUBJECT: Alley Vacation DISCUSSION• The Noacks, 665 4th Avenue, are long time residents of Mendota Heights and own several undeveloped lots around their �..- home. Over the past few years they have been selling off some of this land for development. They recently sold Lots 1 and 2, Block 7 for development as a single family lot (see attached map). Lots 1 and 2 had been combined with Lots 3 and 4 by the County-when they automated several years ago. When thQ Noacks attempted to file this land sale with the County they were in- formed by the County that they needed City approval to complete a "lot division". Combining of lots by the County has affected a number of land transactions within Mendota Heights, and when there are platted lots involved and it does not adversely affect the City, staff has been approving these lot redivisions adminis- tratively. In this case the two remaining undeveloped lots front on an undeveloped street and are without sewer and water. Before they could be developed, a developer would have to petition the City for public improvements. Because only two parcels would be able to be developed off of the extended street, the project would not be feasible. In the alternative, we propose that Lots 3 and 4, Block 7 and Lots 5 and 6, Block 4 be developed by means of long driveways and utility services to Vandall Street. The owners of these lots will then be charged connection charges before they are allowed to hookup. We also noticed during the process of dealing with this problem that there was an existing unused alley. We asked the Noacks to apply to have the alley vacated so that the surrounding lots would be brought up to todays standards for minimum lot areas. 14,250 square feet = area of Lots 1& 2 before vacation 15,390 square feet = area after vacation The City currently has no use for the alley other than as a utility easement for Northern States Power. RECOMMENDATION• Staff recommends that the alley in Block 7, T.T. Smith's Subdivision No. 4 be vacated subject to a drainage and utility easement. ACTI�N REf3�UIRED : Conduct the required public hearing and then a.f Council desires to implement the staff recommendation they should pass a mation adopting Resoluti.on No. 90- , RESOLUTIQN APPRQVING VACATION OF AN ALLEY. JED : dfw d: �. � '=a `� ����//%��V�' i , ., •�;% A�• R}, 94 os , `� �•.. 1Z .O l� ^' S 3= � �R E", / � / � ��� \' � � � V ,`S,S�c. `; V� a � R "� � E � �- ti ,� t -. .o ,:)� oo� _ Tie�j�i� h N �t _l� � � i� i � wH A/bin A � 't Johr�so� � P o �. ,��. �Rp ,e�V�.NvE �_ � v _ Q — — ---- — �� �{� 1 ' (' . ''� (,� %� � ' �' 3 J � � r � � O /\ • \ , � �D !j � � �� _ W �c� I N� � �a �� a� C� � 1 �, � OF ► l�}EtGH7s 90 I j . ♦ . _ , ..�.s.;'�'j :�:.�+;: .' ,:.��i. . ... ` . , �� � � �o ii.' iz �s is s ic 8 � ,� ,� i � Ef T , �• \ tb g � G .J '¢ � � ! Z'i` . �� � 1 � 2 .•\ - _ ,a i � ` 9 /O // /Z /3 l�F /S /G y !S /4 N � . , � (p ir Z �. � 4 N DEVELOf��D i 13 0� � p 7 s � o` 2 2 '� �o � � �s� �� � z � �� a o 9S . F ..� � /37. � . .LOT BEING DEVELOPED 32 ° 4 � o G ALLEY TO BE VACATED ' :,, � � Q� t City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 90- RESOLUTION APPROVING VACATION OF AN ALLEY WHEREAS, the City of Mendota Heights is the current record owner of a street right-of-way as described as follows; and The twenty (20) foot wide alley located with Block 7, T.T. Smith's Subdivsion No. 4, Dakota County, Minnesota WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable Minne- „.�- sota Statutes; and WHEREAS, a public hearing was held on said vacation on November 20, 1990, at 7:45 o'clock P.M. or as soon as possible thereafter, at the City Hall of the City of Mendota Heights; and y WHEREAS, the City Council then proceeded to hear all persons interest- ed in said vacation and all persons were afforded an opportunity to present their views and objections to the granting of said petition. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the street 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 detri- mental to the health, safety and welfare of the community. 2. That the above described street right-of-way be and the same is hereby vacated reserving from said vacation a utility easement over, under and across the full extent of the herein described alley, for drainage and utility purposes. 3. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials a notice of completion of these vacation proceedings, all in accordance with the applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this 20th day of November 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: By Charles E. Mertensotto, Mayor x Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS NOTICE OF HEARING ON APPLICATION FOR AND ALLEY VACATION TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Mendota Heights will meet at 7:45 o'clock P.M. or as soon as possible thereafter on Tuesday, November 20, 1990 in the City Hall Council Chambers at 1101 Victoria Curve, Mendota Heights, MN, to consider a alley vacation described as follows: The twenty (20) foot wide alley located with Block 7, T.T. Smith's Subdivision No. 4, Dakota County, Minnesota This notice is pursuant to City of Mendota Heights Ordinance No. q�. 302. Such persons as desire to be heard with reference to the pro- posed easement vacation will be heard at this meeting. KATHLEEN M. SWA�NSON City Clerk � d CITY OF MENDOTA HEIGHTS MEMO November 12, 1990 TO: Mayor, City Council, City Administ�� FROM: Klayton H. Eckles Civil Engineer SUBJECT: Mendota Heights Job No. 9013 Improvement No. „� r " DISCUSSION Rd. Feasibility Hearing 90, Project No. 3 At the October 2nd meeting, Council accepted the Engineer's Report on the feasibility of installing city utilities�and upgrading Mendota Heights Road to serve the areas along the street between Dodd Road and I-35E. There are two issues which should be resolved at the public hearing: 1) Spreading and deferment of assessments All affected property owners were sent copies of the feasibility report (which includes the proposed assessments to each parcel). Only one response has been received thus far. A letter was received from Visitation which indicated the school would accept the street assessments on both sides of the street, but requested a deferment for water assessments (see attached letter). The feasibility report proposed $34,160 for watermain improvements to the Visitation parcel on the south side of the street. No decision needs to be made on deferments until the time of the Assessment Hearina. Therefore Council can acknowledge the request and order in the project. 2) Installation of sanitary sewer to serve Tousignant parcel In the Feasibility Report the option of serving the Tousignant parcel with sanitary sewer was presented with the recommendation that it only be installed if the owner requests the utility. No answer has been received from the owner at this time. Therefore it is recommended that the project proceed without the sanitary sewer; if the owner wants sanitary sewer then he should petition the City for�the utility. No other issues have surfaced since the time the Feasibility Report was presented to the Council. RECOMMENDATIQN Staff recommends Council conduct the public hearing then order the project to be canstructed as presented in the Feasibility Report. ACTSON REQUIRED If Cauncil concurs with the sta�f recommendatian they should pass a matian adopting Resolutian No. 90-�, RESOLUTI�N ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND BFECIFICATIONS FC?R SANITARY SEWERS, WATER, STflRM SEWERS AND •-�' STREET CONSTRUCTION TO SERVE PRQPERTIES ALONG MENDOTA HEIGHTS ..� ROAD (BETWEEN T.H. 1.49 AND I,EXTNGTQN AVENUE, IMPROVEMENT NO. 90, PROJECT NO. 3) City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 90- RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE PROPERTIES ALONG MENDOTA HEIGHTS ROAD (BETWEEN T.H. 149 AND LEXINGTON AVENUE) (IMPROVEMENT NO. 90, PROJECT NO. 3) WHEREAS, a public hearing was held on the 20th day of November, 1990, at 8:00 o'clock P.M. in the City Hall of the City of Mendota Heights, Minnesota pursuant to resolution duly adopted by the City Council of the City of Mendota Heights on the question of the proposed construc- tion of the following described improvements: The construction of an extension to the City's sanitary sewer ��. system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particular- ly described. The construction of an extension to the City's water distribution system including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particular- ly described. The construction of a storm sewer system including appurtenances and incidental thereto and the acquisition of easements, in and for the area hereinafter more particularly described. The construction of street improvements consisting of the acqui- sition of easements and the grading, stabilization, drainage and bituminous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the area hereinafter more particularly described. WHEREAS, due publication of the notice of public hearing on said pro posed construction has been attended to; and WHEREAS, mailed notice of said hearing has been mailed more than 10 days before the date of said hearing to the owners of each parcel situated within the area proposed to be assessed, all in accordance with the applicable Minnesota Statutes, and WHEREAS, the City Engineer reported that the proposed improvement and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minneso- ta and is more particularly described as follows: �� Those properties west of Trunk Highway 149, east of Lexington Avenue and abutting Mendota Heights Road. r � WHEREAS, the City Council then proceeded to hear all persons interest- ed in said improvement and all persons were afforded an opportunity to present their views and objections to the making of said improve- ments. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That it is advisable, feasible, expedient and necessary that the City of Mendota Heights construct the above described improvements, and it is hereby ordered that said improvement be made. 2. That the City Engineer be and he is hereby authorized and directed to prepare plans and specifications for said im- provement. 3. That said improvement shall hereafter be known and designat- ��. ed as Improvement No. 90, Project No. 3. Adopted by the City Council of the City of Mendota Heights this 20th day of November 1990. ti CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk Monas� of t��ie Visita�ivn � Mayor, City Council and City City of Mendota xeights Attention: James Danielson, and Klayton H. Eckles, Civi]. Administrator City Engineer, Engineer November 1, 1990 Re: Mendota Heights Rd. MSA Project, Dodd Road ta 35E. Job 9013 Dear Mr. Mayor, City Council and City Administrator; . . ���a`� ,� We have reviewed tiie report of your engineering sta�f concerning the widening of Mendota Heights Road ta a 52 foot width urban section. At the present time Visitata.on Manastery does not have funds in their budget for the purpose of funding the assessments that are praposed, We da not anticipate that there will be any fund drive which could generate these additional funds. However, we do recognize that the widening of Mendota Heights Road with the assessments proposed to property owners is the customer�r methad of funding such a project. We will endeavor to accommodate financially to the praposed assessment of $34,000 for the street i.mpravement. - Due ta the fact that jTisitation Manastery and the Convent of the Visitation Schaol will not have any i.mmediate benefit from the watermain project, we respectfully petition the City of Mendota Heights to defer the proposed assessment on the project of $34,16p.p0 due to the hardship that it would impose upon the monastery and school and aur ability to operate e�fectively. We sincerely request and petition the Baard to defer any such assessment far that item in the proposed assessments until the property that might be benefit is developed. We are assuming that the assessment for that item in the repart refers to the sautherly acreage of our praperty which barders an the south side of Mendota Heights Road. 2=�55 Visita#on l7rivie •�i�fendota Heiyhts, Minnesota 5�12Q-16T7 •(612) �54-64i4 0 r r Mayor, City Council and City Administrator November 1, 1990 Page 2 � On behalf of Visitation Monastery and the Convent of the • Visitation School, we wish to thank you and wish to express our appreciation for your thoughtful consideration of this request. We sincerely hope and pray that you will recognize that this proposed water assessment would have a vey significant hardship on us if we were forced to curtail and reduce operations because of the need to fund BOTH the street assessment and the water assessment. Under thP ��rc�.zmstances, we ��ould appreciate having yoL approve our request for deferment of the water assessment. Sincerely, � �y ,{—t,, T.t� or� w �.euu..a._. �,�'�' Sister Peronne Marie Thibert, VHM Superior CITY OF MENDOTA HEIGHTS MEMO Oc b r 5, 1990 TO: Mayor, City Council, City Admini FROM: Kla�ton H. Eckles �/ � Civil Engineer 4-� SUBJECT: Mendota Heights Rd. MSA project, Dodd Rd. to 35E. Job 9013 INTRODUCTION Council directed staff to prepare a Feasibility Report concerning the widening of Mendota Heights Road to MSA standards. The City has accumulated as much MSA money as possible, and in order to continue receiving additional funds a MSA project must be completed. Mendota Heights Road �s� the only MSA road besides Wagon Wheel Trail which has not been upgraded to MSA standards (excluding those roads on the county turnback program). The projected traffic on this section of Mendota Heights Road when full development of the south east area is achieved is about 8,000 vehicles per day. The current volume is about 1,500 and growing. As part of a street widening project severa would be installed includinc� sanitary sewer, sewer, and a pedestrian trail. This report feasibility of completing such a project. DISCUSSION 1 other utilities watermain, storm will examine the The body of this report will examine the costs and different options for each of the different utilities. After the cost examination, the available funding mechanisms will be discussed, followed.�by a time table of completion. Finally, recommendations and action required will be presented. Considering the fact that the majority of this project would be street widening, a discussion of the street construction will be presented first. This project would involve the widening of Mendota Heights Road from Visitation Drive to the I-35E bridge. The road would be widened from its current 24 foot width rural section to a 52 foot width urban section. This would match the existing roadway widths at each end. A 52 foot width could conceivably be used as a 4 lane road with no parking on either side, so this design is capable of handling large traffic volumes. Given the current volumes, only two driving lanes with two parkinc� lanes would be necessary. In the future if the traffic volumes increase, the street could be striped with four driving lanes. .� The cost to construct the street widening would be approximately $380,000, including overhead, engineering fees, and contingencies. Because the street would be upgraded to an urban section, a fair amount of storm sewer work will also be required. Storm sewer would be constructed along the length of Mendota Heights Road, and would then empty into existing storm sewer systems. The cost to provide storm sewer for Mendota Heights Road would be $75,000. This section of Mendota Heights Road also needs a watermain extension. A major link of the City's overall water .m� distribution system has yet to be constructed. This project would include the extension of a 16" trunk water line which '� would close the southern watermain loop. This loop should add pressure and volume to the south end of town, and would help maintain the level of the water tower. The cost to construct the water loop would be $175,000. �� Also as part of this project sanitary sewer could be constructed. It currently only serves the western most �arcels (Bisanz, IOS, and west half of Tousignant), therefore it may be advantageous to extend it to serve some or all of the eastern parcels (east half of Tousignant, Visitation). The only problem with extension of the sanitary sewer is that there is no pressing need to get service to any of these parcels. Also the Visitation parcel has no need for the sewer at this time. The result of these facts is that there are three options for the sanitary sewer: Serve all parcels south of Mendota Heights Road, serve only the Tousic�nant piece, don't serve anyone as part of this project. Since there would be no way to recoup costs, and it is not known what will happen to the Visitation property Staff recommends that portion not be served with sanitary. The Tousignant piece however, is a develo�able piece which would receive benefit. There is no pressing need to install the sewer now. The advantage of installing it now is that it would be somewhat cheaper than in the future. Mr. Tousignant has indicated he is considering whether he would be interested in sewer at this time. Therefore, perhaps the best way to address the sanitary sewer issue is to wait until the public hearing and decide then, based on the wishes of the owner. • The cost to serve the Tousignant parcel with sanitary sewer would be $35,000. The last item which is proposed to be constructed as part of this project is pedestrian trails. A trail from Dodd Road to I35E would fill in this gap in•the City trail system. In additian ta this it is praposed that a pedestrian trail from T.H. 55 ta Northland Drive be included in this praject. This is another segment of the City trail sys�em which is incomplete and by constructing it,.our trail system would be 3inked with the County system at Pzlat Knob Raad. The cost to construct both segment� of trail as described above would be $85,Q00. The following �able shows the cost o� each utili�y: ITEM Street ` $ �' Stornt SeWer . . Waterttta.iil Pedestri.an Trail TtiTAI, PROJECT COST Opta.onal Sanitary Sewer TOTAL WITH SAN. OPTION COST $380,OOd $75,000 $175,400 $85,000 $i25,000 $35,000 $750,000 Pra�iect Fundina The funding for this project coul.d came from Assessments, Municipai State Aid funds, Wa�er Revenue �unds, and Park improvement funds. Funding far each utility wi.l1 be presented �eparateiy. Street impravement costs could be cavered through assessments and MSA funds. If the guidelines set forth in the proposed Street Rehabilitation Poliay were used the praperties al.ong Mendata Heights Road would be assessed. $10.00 per front foat for street overlay costs, and one half the ca�t of Curb installatian (about $6.4Qj. Therefore assessments for street improvements would be at a rate of $16.00 per frant foot. In a typical street project the assessments could easily be double that amount. The remai.ning street costs could be funded by MSA. The starm sewer construction in this project woul,d be designed far the street run off, not the overall drainage area. Therefore State Aid funds should fund all storm sewer costs. The waterinain a.n this project would be part of a trunk line serving the south end of the city, so city water revenue money should be used to caver over-sizing casts. Properties receiving benefit from the watermain should be asses�ed at tha rat� o�` an 8" watermain, which has been $28.p0 per foot in the past. Since it is hard to justify benefit fram the utilities from the schaols, they were left out of the calculations, Water revenua mone�r couZd be used to cover the una�sessable frontage. Note that xf �he schaals �ver did � .� � develop their properties differently, a hook up charge could be levied. As presented above, installation of the sanitary sewer is optional, and should be based on the request of the affected properties (namely Tousignant). If the sanitary were requested, then all the costs of installing it should be assessed to the benefitting property. MSA normally will fund up to a five foot Pedestrian Trail. Assuming any trail constructed would have an 8 foot width, MSA would fund 5/8ths of the trail. Park referendum funds could be used to cover the difference. ... ..�• � Based on the discussion above, the following is a table which � shows the break down of the funding for the proposed utilities. FUNDING SOURCE Assessments: Convent of Visitation St. Thomas Academy Tousignant IOS Site Bisanz 3TEM Street Street Street Street Street Street FRONTAGE 2,125 1,310 1,336 500 300 380 Convent of Visitation Water 1,220 St. Thomas Academy Water 420 Tousignant Water 1,336 Tousignant Optional Sanitary 1,336 Municipal State Aid Excess Street cost Street 100� of Storm Sewer Storm 5/8ths of Trail Trail Water Revenue Fund: Trunk Watermain Oversizing Unassessable Frontage Park Improvement Bonds: Pedestrian Trail Oversizing TOTAL AMOUNT FUNDED n/a n/a n/a n/a 2,936 n/a ti� AMOUNT $34,000 $20,960 �`�► $21, 380 �e\ �p�'l $8,000 $4,800 $6,080 $34,160 ` $11, 760 �,$ ` �� � $37,410 $35,000 $284,780 $75,000 $53,120 $17,890 $73,780 $31,880 $750,000 It should be noted that it is possible that some excess MSA money could be realized; this could be used to reduce the Park Bond contribution. Time Table This project should be completed in 1991 if the City wishes to maintain the current level of State Aid contributions. If the project is to be completed in 1991, the preliminary design work should be started this fall. The design could be completed by spring, and the project constructed in the summer of '91. RECOMMENDATION In that this project was found to be desirable and -�-�financially feasible, Staff recommends Council accept the ..feasibility report, and order a public hearing. The decision regarding sanitary sewer can wait (allowing Tousignant to ACTION REOUIRED the construction of the optional until the time of the publia hea�ing decide on the need for it). Council should pass a motion adopting Resolution 90- , A RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER, AND STREET IMPROVEMENTS TO SERVE THE PROPERTIES ABUTTING MENDOTA HEIGHTS ROAD (BETWEEN LEXINGTON AVE. AND T.H. 149, IMPROVEMENT NO. 90, PROJECT NO. 3). CITY OF MENDOTA HEIGHTS MEMO November 13, 1990 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works Di e Kevin Batchelder, Administrative Ass' n lC(.,j� �,� SUBJECT: CASE NO. 90-42: Theaters within a B-4 Zoning Amendment DISCIISSION The Planning Commission conducted a public hearing at their October meeting to consider an amendment to the Zoning Ordinance to allow movie theaters within the B-4 Shopping Center as a permitted use. Mr. Edward Paster, owner of the shopping center, and Mr. Larry Kirshman, MIDCO Theaters, were present to answer questions from the Commission on a proposed four screen theater proposal. MIDCO, a national communications company, proposes to remodel the old County Club grocery store area to accommodate a four screen, 1300 seat theater that will show second run movies. The proposal is for a$1.50 per seat discount theater similar to what is currently being offered at the Highland Theater in Highland Park. Hours of operation will be approximately from 4:30 P.M. to 12:20 A.M. with twenty-five employees (2 full time). The Planning Commission was enthused about the proposal, their main concern was that X-rated movies not be shown. Mr. Kirshman assured the Commission that it was not their intention to show X- rated movies, however, he did say that they would show NC17 movies. RECOMMENDATION The Planning Commission voted unanimously to recommend approval of an Ordinance amendment to amend the City's Zoning Ordinance to allow theaters as a permitted use within the B-4 Zoning District. ACTION REOUIRED Conduct the required public hearing and then if thet,planning Commission� desires to implement the Planning Commission's recommendation, they should pass a motion adopting �� Ordinance No. JED/KLB:kkb C � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 401 0 The City Council of the City of Mendota Heights, Minnesota ordains as follows: ti SECTION 1- Ordinance No. 401 known and referred to as the "Mendota Heights Zoning Ordinance" is hereby amended in the following manner. A. Section 15.5 is amended to add the following permitted use: 15.5(15) Theaters, not including the drive-in type. B. The definitions section of the Ordinance shall be amended to include the following definitions: 3.2(136a) Theater: A structure within which motion pictures or dramatic performances are offered as entertainment for the general public. For the purpose of applying parking and signage standards, a structure containing multiple motion picture screens shall be considered a single theater. 3.2(121a) Marquee or Canopv Sign: Any message or identif,ication which is affixed to a projection or extension of a building or structure, erected in such a manner as to provide a shelter;or cover over the approach to any entrance to a store, building or place of assembly. C. Section 18.7(1)b of the Ordinance shall be amended to include the following paragraph regarding signage for theaters: Where a B-4 District includes a theater, additional sign surface area may be permitted for the exclusive use of the theater. The total aggregate surface area permitted for theaters including any pylon, marquee or other signage shall not exceed two hundred (200) square feet. ' -. � Section 2- This Ordinance shall be in full force and effect from and hereafter its publication according to law. Enacted and ordained into an Ordinance this 20th day of November, 1990. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ti CITY OF MENDOTA HEIGHTS MEMO September 21, 1990 TO: Planning Commission FROM: James E. Danielson, Public Works Di ec Kevin Batchelder, Administrative As i n�,,�j �,�- SUBJECT: Zoning Ordinance Amendment . Additional Language to B-4 Permitted Uses DISCIISSION Paster Enterprises, who own the Mendota Plaza Shopping Center, are negotiating with theater operators to rent the easterly 20,000 square feet of space in Mendota Plaza previously occupied by Country Club Markets (see attached letter). The current City Ordinance does not allow theaters in the B-4 Zone. In a meeting with Planner Malloy, it was learned that most City's allow theaters in a B-4 (Shopping Center District) as a permitted use. Many suburban malls contain movie theater operations. It seems appropriate for the City of Mendota Heights to consider modifying the B-4 Zoning District to allow family type theaters as a permitted use. To amend the Zoning Ordinance, the Planning Commission will have to order a public hearing at its October meeting. The City is required to publish ten (10) days prior to the meeting for such a public hearing. ACTION REQUIRED Consider the request, and if so desired, order a public hearing for the October meeting. JED/KLB:kkb CITY OF MENDOTA HEIGHTS MEMO October 17, 1990 TO: Planning Commission FROM: James E. Danielson, Public Works Direc Kevin Batchelder, Administrative Assista �� �� SUBJECT: CASE NO. 90-42: City of Mendota Heights - , . Zoning Ordinance Amendment DISCIIS$ION ti The Commission will recall that at the September meeting, they discussed a proposal to amend the Zoning Ordinance to allow family movie theaters within B-4 Shopping Center District as a permitted use. It was the consensus of the Commissioners present at the meeting that family theaters were an appropriate use, they therefore directed staff to publish for a public hearing to receive input from the community. Staff has attached the Planner's Report and staff inemos from the September meeting that address this issue. ACTION REOIIIRED � Conduct the public hearing. Make a recommendation to the City Council about amending the Zoning Ordinance to allow Family Theaters in the B-4 Shopping Center District as a permitted use. JED/KLB:kkb r � i t PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION RE�UESTED: . PLANNING CONSIDERATIONS: 25 September 1990 90-36 City of Mendota Heights Mendota Heights Plaza Shopping Center (see sketch) Ordinance Amendment to Allow Family-Type Theaters as a Permitted Use in the B-4 Shopping Center District 1. Staff inet with John Streeter, construction manager for Pastor Enterprises, the company which manages Mendota Plaza Shop i�g Center located in the southeast quadrant of State Highway 110 a�d �odd Road. In our discussion with Mr. Streeter, he indicated that he has been coritacted by two theater management companies who have expressed an interest in locating family-type theaters in the vacant eastern portion of the Mendota Plaza Shopping Center building. Mr. Streeter indicated that the companies who had contacted him were interested in doing upscale family-type theaters similar to those found in shopping centers in many of the suburban communities in the Metropolitan Area. Mr. Streeter expressed concern regarding the fact that theaters of this type are currently not listed as permitted or conditional uses in the B-4 District. � 2. The purpose of the proposed amendment is to allow theaters as a permitted use within the B-4 District in order to remove any obstacles that might jeopardize negotiations between the shopping center management and the potential theater operator, which could utilize the 20,000 square-foot vacant space at the east end of the shopping center. The amendment would also make it easier for a Mendota Heights business to offer additional diversity in the entertainment available to the community. In the current ordinance, any use permitted in the B-2 Neighborhood Business District is also permitted in the B-4 District. However, there is no reference in the. permitted uses section of the B-4 District regulations, which would indicate that uses listed as conditional in the B-2 District would be permitted in the B-4 District. Also, there is no reference in the conditional use section of the B-4 district that would indicate that uses considered conditional in the B-2 District would also be considered conditional in the B-4 District. 3. Family-type theaters are found commonly in shopping centers, both in suburban communities surrounding the Metropolitan Area and in Minneapolis and St. Paul. I have reviewed several ordinances with regard to how theaters are handled in other suburban communities and have found that typically they are listed as permitted uses in the 0 City of Mendota Heights, Case No. 90-36 Page 2 general business, retail, or shopping center districts. Today movie theaters are commonly found in shopping centers and malls. We believe that the ordinance should be amended to allow theaters as a permitted use in the B-4 District. The Mendota Heights Ordinance was written at a time when most movie theaters were free-standing structures. As a result, we believe that excluding them from the Shopping Center District may have been an oversight. 4. The primary concerns with respect to theaters relate to the traffic they generate and the fact that they are primarily a nighttime use. This creates co�flicts when theaters are located near residential area. The current ordinance allows theaters as a conditional use within the B-2 Neighborhood District. This makes sense since many of the B-2 r Districts in Mendota Heights are located in close proximity to - residential areas. However, Mendota Heights has only one B-4 or Shopping Center District. That district is located in the southeast quadrant of Highway 110 and Dodd Road and is occupied almost entirely by the Mendota Plaza Shopping Center. The Mendota Plaz.� Shopping Center is located in an area where there is no nearby residential uses. To the south of the center is a B-1 District, which includes the old city offices now converted to the Dakota County Bank. To the west of the shopping center is the Mendota Golf Course and Country Club. The eastern boundary of the shopping center is made up of the unused right-of-way for State Highway 49. Directly north of the shopping center and south of Highway 110 is a McDonald's restaurant and on the north side of Highway 110 is an area zoned B-2 for neighborhood business. Therefore, amending the ordinance to allow theaters as a permitted use in the B-4 District would create no risk of exposing any residential area to additional traffic. 5. Another concern with respect to the theaters regards the type of films or entertainment offered. Mr. Streeter has indicated that the companies with which he has been in contact with are interested in family-type theater entertainment. While First Amendment rights make it difficult to control the types of entertainment offered at a facility, we suggest that the wording of the ordinance list "family-type" theaters in the hopes that this would deter anyone interested in pursuing an X-rated or pornographic theater. Generally, we believe that there is little concern that theater companies offerYng questionable entertainment would be interested in a suburban facility this far from the Downtown areas. I know of no such theaters i� any suburban community in the Twin City Metropolitan Area. 6. The Mendota Plaza Shopping Center was at one time the home of a movie theater. As there are no other movie theaters in Mendota Heights at this time, we believe that such a theater would be a solid anchor tenant for the ailing Mendota Plaza Shopping Center. In addition, patrons of the theater would most likely utilize other shops within the center, thereby increasing the marketability of some of the other vacant spaces remaining within the center. 7. Generally, the existing vacant portion of the shopping center located at the east end of the building would be ample to accommodate several small theaters, which is the common format for movie theaters within shopping centers today. The center owns ample unutilized land directly south of the existing shopping center building that could be used to 0 City of Mendota Heights, Case No. 90-36 Page 3 provide any additional parking necessary for the successful operation of a movie theater. Since movie theaters are mainly a night use and few of the existing shops in this center are currently open late into the evening, there may be little need for additional parking. Parking is one of the issues that will need to be carefully examined should a theater proposal come forward. 8. While there are many details that would need to be worked out with respect to exactly how a theater would be accommodated within the shopping center, we believe that a theater is an appropriate use within the B-4 District, particularly in light of the conditions surrounding the only B-4 District within the City. 9. Section 5.8 Subd. 2 of the Mendota Heights Zoning Ordinance allows for an initiation of an amendment to the zoning ordinance by recommendation of the Planning Commission. Therefore, if after reviewing the above Planning Considerations and the reports from the Staff, the Planning Commission believes that a"family-type"ti theater is an appropriate use within the B-4 District, they should recommend the proposed amendment to the City Council. d , , -v�.� t ��VI °' / L j. _'" ,-,._._,� :.-.�,.Tr _ ,o � � ' /9d,Z , 3j � � q a� tio, �it v'. ~ _ _ ./ J -- 4 .0 5 $9�S1�3ti�{�/ �I — • � .�_ .� � �. . 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' � I �'�p '�, � : � � �¢� � � a '4 � � r� , � � � �, ��'i' � :�-- �0 � +0�1��v0/ '� �O � � �+��I���, ,�.� �•►�U■I p • .� � �"'��r. _`_►) w• � � , � . � j � � � �:oo 000a�aa � . �o� �o�°�.� � � es� � � ��� °�°'�. � � . _ �� ee ee �e � 4� �.. � �'"�'� aao��oavoo _ ��o ���, ► �;a�0000�og00000� ., �,.s � •�ip� �p � � � ,,� �i � e;� �� ��o �,,. ����' � �! „ Is�=' K��t:��A..���' `T'.�� :.�`� _�O�t'� fi� Recc��v� �-��-4� (��2�>l/ ��1�� . j 2D227 Ut�iv�esM� � ASDPa u MN Sbt�i4 � 12�-646 7901g�Fax 6,2 646-� 19 CENTRAl.PLAZA 45th & CentralAve. N.E. �q (� Q D E L I V E R E Q Minneapaiis, t�+Sinnesofa CRYSTAL SHOPPING CENTER S e t e m b e r 17 1. 9 9 0 Bass Lake Road & West Broadway P � Crys#ai, Minnesota DODDV'1AY SHOPPING CENTER M r. T o m L a w e I 1, C i t y A d m i n i s t r a t o r Dodd Road & Bemard Street C i t y o f M e n d o t a N e i g h t s West St. Paul, Minnesota 1101 V i c t o r i a C u r v e � Mendota Heights, Minnesota 55118 4 FAAMINGTON MALL S. Hwy. 5d & S. tiwy. 3 Fatrt�ington, Minnesota Dear Tam: Mendota Mall Assaciates requests that the Zoni ng Qrdi nance for the Gi ty o�' LEXING70NPLAZA Mendota Hei ghts be amended to al 1 ow CEXtNGTON Pt,AZA SHOPPES f a m i 1 y- t y p e t h e a t r e s a s a p e r m i t t e d Lexington & Lar�enteur RoseviUe,Minnesota use i n B-4 shoppi ng center di stri ct ZOi1�. MENt}OTA PLAZA State Nwy.11Q & t7odd Raad Mendota Heights, Minnesata MOUNDSVIEW StiUARE Hwy.14 & l.ong Lake Road Mounds �ew, Minnesata t�iORTHWAY SNOPPtNG CEMER State Nwy. 23 & Woodland Circle Pxres, Minnesota 518�.EY PLAZA West 7th Street St. Paul, Minnesota SOUTHYIEW SHOPPlNG CEMER Sauthview Blvd. & 12th Street South St. Pau1, Minnesata Thank yo� very much for your time and ir►terest concerning this matter. 8est persona� regards, , PASTER ENTERPRISES � �� John N. Streeter Construction Manager JHS/1y cc: Edward J. Paster �1'I��l�i��' Ci$ �� ��iet'��t����� �e�can�it n$ C:C�trttr,r^Eae�e-r !"'r1n�Fnrc f � CITY OF MENDOTA HEIGHTS NOTICE OF HEARING November l, 1990 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Mendota Heights City Council q.�- will meet at 8:15 o'clock P.M., or as soon thereafter as possible, . on Tuesday, November 20, 1990, in the City Hall Council Chambers, 1101 Victoria Curve, to consider an amendment to the City Zoning Ordinance to allow family theaters as a permitted use within the B-4 Shopping Center District: � Lot 2, Block 1, Mendota Plaza More particularly, the property involved is located at the southeast corner of Dodd Road (Trunk Highway 149) and Trunk Highway 110. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to this request will be heard at the meeting. Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS NOTICE OF HEARING September 26, 1990 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Mendota Heights Planning Commission will meet at 8: 00 0' clock P.M. , or as soon thereafter as �.� possible, on Tuesday, October 23, 1990, in the City Hall Council .. Chambers, 1101 Victoria Curve, to consider an amendment to the City Zoning Ordinance to allow family theaters as a permitted use within the B-4 Shopping Center District: � Lot 2, Block 1, Mendota Plaza More particularly, the property involved is located at the southeast corner of Dodd Road (Trunk Highway 149) and Trunk Highway 110. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to this request will be heard at the meeting. Kathleen M. Swanson - City Clerk � w• City o� .�., �. � 1Viendota Heights November 14, 1990 Mr. John Streeter Paster Enterprises 2227 University Avenue St. Paul, MN 55114 Dear Mr. Streeter: Your application for a✓� ����+�-v.�.c f�w-c�Qw-e,�.,,�r,,iill be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, �lav . 20 �(�Rv The Council meeting starts at 7:30 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended �p;? �sv�.� o� a,..� G t"�+ C1n�-V1.CJZ �V1+�2v�p� W�4.K'} �p 0.� IOW '� V.2pC,-j�l^C S c..s G� fi'�- r' Nn l��2.0+ vS�2 W t�� � h a 3-(.� �i t S'�'Y" l G C' � If you have any questions, please feel free to contact me. Sincerely, �� � �--"' Kevin Batchelder Administrative Assistant KLB:kkb cc: Ed Paster 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 � � C ity o� ...11 � � 1Viendota %�eights October 19, 1990 Mr. John Streeter Paster Enterprises 2227 University Avenue St. Paul, MN 55114 Dear Mr. Streeter: Your application for a_�jrc���+g.resz ,L�-w.�,�,�,-c,,,� -{- will be .� . . considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, �Jc�_ Z3 �. ` The Planning Commission meeting starts at 7:30 o�clock P.M., here at the City Hall in the Council Chaxnbers. You, or a representative should plan on attending the meeting, in order that your application will receive Commission consideration. If you have any questions, please feel free to contact me. Sincerely, [c�-� ��- - Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452• 1850 CITY OF MENDOTA HEIGHTS MEMO November 13, 1990 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works Dir c Kevin Batchelder, Administrative Assis n��,� SUBJECT: CASE NO. 90-36: Linvill - Ordinance Amendment Churches in the Industrial Zone DISCUSSION At their October meeting, the Planning Commission conducted a public hearing to consider an application from Mr. Ra�l.ph Linvill for an Ordinance Amendment to allow churches within the Industrial (I) Zoning District as a Conditional Use. Mr. Ralph Linvill and Paster Zimmerman were in attendance to give a brief introduction to their proposal and answer questions. The Faith of Glory Church was started in Eagan three years ago and outgrew its first location. It currently occupies 2,600 square feet in the Dakota Business Plaza with approximately one hundred chairs. The main concerns expressed by the Planning Commission about the proposal was hours of operation and related parking problems. Mr. Linvill stated that the church is only allowed five parking stalls during normal working hours. The church then has full use of the parking lot during evenings, weekends and holidays (their normal usage times). RECOMMENDATION The Planning Commission voted unanimousl the City's Zoning Ordinance be amended to allow Industrial (I) Zoning as a Conditional Use. ACTION REOUIRED y to recommend that churches within the Conduct the required public hearing and then if Council desires to implement the Planning Commission's recommendation, they should pass a motion adopting Ordinance No. . NOTE• JED/KLB:kkb Provided the City amends the Zoning Ordinance to allow churches within the Industrial (I) Zone, the Faith Church of Glory will then need to apply for a Conditional Use Permit to be allowed to remain. The abutting landowners will be notified and the appropriate hearings will be conducted at the Planning Commission and City Council levels. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 401 The City Council of the City of Mendota Heights ordains as follows: Section 1- Ordinance No. 401 known and referred to as the "Mendota Heights Zoning Ordinance" is hereby amended to allow the following Conditional Use in the Industrial District: �.�- A. 16.2(13) Churches when part of and subordinate to an . existing office/warehouse or multi-tenant office/business structure. Churches in Industrial Districts shall conform to all other applicable portions of the Ordinance, including parking and signage regulations. ti In granting a Conditional Use Permit for this type of use the City Council shall consider the following issues: a. Is the church use compatible with its industrial neighbors and are there potential problems with respect to use of parking areas during weekend hours. b. Will church activities be regulated to prevent parking shortages or the parking of vehicles on lawns, in fire lanes, or other prohibited areas. , c. Will the church include any day care or other educational programs which will result in there being children on the property during weekday business hours. Section 2- This Ordinance shall be in full force and effect from and hereafter its publication according to law. Enacted and ordained into an Ordinance this 20th day of November, 1990. • CITY COUNCIL CITY OF MEIJDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk � f CITY OF MENDOTA HEIGHTS •Mul�'ut�7 TO: Planning Commission October 18, 1990 FROM: James E. Danielson, Public Works Director Kevin Batchelder, Administrative Assistant rtf SUBJECT: CASE NO. 90-36: Linvill, Ralph - Ordinance Amendment Church as CUP in Industrial Zone nzscvssiox Mr. Ralph Linvill, who owns Dakota Business Plaza located at 2401 Pilot Knob Road, has leased space in his plaza to the Faith Church of Glory. Churches are not allowed, as a permitted or conditional use, in the "I" Industrial Zoning District. Our Code Enforcement Officers discovered this non-conforming use and instructed Mr. Linvill that this type of land use would need an amendment to the Ordinance to remain in place. Currently, the Church is occupying space illegally, pending action by the City. (See attached letters and Planner's report). The Applicant has requested that the City Zoning Ordinance be amended to allow churches in the Industrial Zone under the Conditional Use guidelines and permit process. Tonight's meeting is a public hearing to consider amending the Ordinance. Subject to favorable action by the City amending the Ordinance to allow churches in the Industrial Zone, Mr. Linvill will have to make application with the City for a Conditional Use Permit. The City would then publish and mail notice to owners within three hundred fifty feet (350' ) of the property in question and conduct a hearing considering allowing the Faith Church of Glory to remain. ACTION REOUIRED Conduct the public hearing required to consider amending the City's Zoning Ordinance to allow Churches as a Conditional Use within the "I" Industrial Zoning District. JED/KLB:kkb s t PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REOUESTED: PLANNING CONSIDERATIONS: 23 October 1990 90-36A Ralph Linvill Dakota Busi�ess Plaza, 2401 Pilot Knob Road Amend Ordinance to allow churches in Industrial District, 1. The applicant is requesting that the Zoning Ordinance be amended to allow churches as a conditional use in the Industrial District. The applicant has leased space in the Dakota Business Plaza to the Faith Church of Glory. The church has already installed some furr�shings and has held services. The Dakota Business Plaza is a multi-tenant business office building located within the Industrial District. The Mendota Heights Ordinance currently does not list churches among the permitted or conditional uses in the Industrial District. The issue here is whether the City wishes to allow churches as a conditional use within the Industrial District. Should the City decide churches are an acceptable use in this district, the applicant would then have to apply for a Conditional Use Permit. At that time more of the questions related to the specific church would be reviewed. � 2. The fact that churches are not listed as permitted or conditional uses within the Industrial District is more of a practical oversight than an intentional control. When the Ordinance was written there were probably extremely few examples of churches in industrial areas. However, in recent years we have seen an increasing number of such proposals. The reason for this is primarily economie. New churches are finding it difficult raise the money nec@ssary to -buy land and build in today's real estate market. So they resort to renting less expensive industrial space until they can afford to build a church. 3. We see no problem with this from a land use standpoint. While there are obvious advantages to locating churches in residential areas, where the people are,' �in some ways churches are very compatible with industrial uses. Generally, industrial uses are not open on weekends when most churches hold there services. This allows for a church to share the parking area which for most office/industrial buildings has ample capacity and sits empty on weekends. One of the more troublesome issues for churches located in residential areas is parking and how to accommodate new parking needs when church attendance outgrows the current lot. In addition, the traffic associated with churches sometimes becomes burdensome for adjacent resideritial land owners. In an industrial area traffic would not be an issue. However, even in an industrial area growth will remain an issue which will need to be monitored. As a conditional use the City could limit a church's � t c . \Y Ralph Linvill, Case 90-36 Page 2 seating capacity in accordance with the available parking at �the same ratio currently identified for chuches in the Ordinance (1 space per 31/2 seats). • . 4. We would caution that in some cases churches include nursery school or other educational oriented programs involving children. This is the case with the Maranatha Church which is located in Northland Industrial Park in Brooklyn Park. We believe that while a church is ge�erally compatible in industrial areas, a school is definitely not and should not be permitted, particularly if the intent is to have children on the premises during weekday business hours. The amount of traffic, the � maneuvering of trucks, and other activities common in industrial areas creates an unsafe environment for children. The Faith Church of Glory has not expressed a desire to operate any such educational programs on the Dakota Business Plaza site. ti i�. � /� f/ � _ " t ._ r � _ 1 �� � /A C A'V/{ � P A ti K �) _- - _ - ' j ' ; � ; � � �_ . . ;� �� `' .1 - " . f} 1 _... . ' ��.� _ �^ ly � E (\ E E R �l � _: . _ � ( � I�_� � , +T�LG!}S_FA . � •� _- - i ,, c � 1 , ; � , ; , — - ��-�� ` � � ���' . -i �� � �- - - �, ~�--�� ` o `�. \�� - � . � � -� � = _ . � � r �. s�.,�,� �o.,E� __ .c" — ~'`:----�.,—� _ _. .. , � ..._�._ x�' _ .. - __-.� ..Rw. /,���j j'- � • , 1�. 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I 5 U I ;:?::;:?�':;�•>:�::•::�:5:i::':;; . 370. o� G 1 f 9. � r ��;i?':,�,'��',.•,':•':`;:;::i:.::'...'::;;; �,.,i;;.': ti ,�r � �`� '.;:;: ;; •5:7:.:.1;3:;i:;:'.:.::.::'':::'::::;; b _ C� � Y T. � �. o :`"�`;: :�:�s��::a:�:::::�::��::::': _ � � . �.:::-:�:.::.:: .....::......... ._..... - - .... _.......- , � I` R. � 8 x"c R-i" G. 1 J�8.3L � � � �ze �� �� � �=;0 3� � � � I, O�S � 1rtGT"t7� 4 MAf� !, ' 4. '� o Q �Z %'r'o v.3 t G nc p, ra Z' ° Z���/ F G � :, ' :' � /K�1 O o�I z�/a7`q � �� �' � V � " �f � -�J�% a � {ts �� , � o �, � ,�- A � 3 �, �e � 0 0+ ,;, � � {�l � � C fl ¢20 0 = v � eq^.• Lr� 3 �q p.f � �43 CS f �5��, ?o (oG0 98/.�s � . NoRrH wEsr PLAST/C.� J xNG. � .�' �'A :; '�-� c. SQ �` ,~'' 2c.o43 -�. ,� _ � r �. a • . .�' � ,, R� ; � ; � ; � �� ; �.a- Y rj 6 a�- .a r�---- I. z�+ ____ � ' I �, c5 � .� .:i /�-1 � � ZZQO S a vi at 1 � Q .� �� � 8 � � i � t � la �`' � � �� O�22a.o 0 v �o � i� �� P � � � a, � �� ,� �J 4� � �, S��d2ti"w �o , � 3 , �0 6 p,. �18 tOm Sa �� 5 B�'�O 27'Y s ev'�o'2�'w � � DAKOTA BUSINESS PLAZA 11975 Portland Ave. So., Suite 126 Burnsville, Minnesota 55337 612-890-5400 �C� n " j4�0 October 5,1990 Mr. Tim Malloy Planning Consultant City of Mendota. Heights 1101 Victoria C�u�ve Mendota Heights, MN 55118 REF: Letter of Petition, Case No. 90-36 ,� � Dear Mr. Malloy: . This letter of petition is being sent to solicit your consideration and approval of an ordinanace amendment to issue a church conditional use pernut in an industrial zone, for the purpose of the Faith Church of Glory leasing space at the Dakota Business Plaza, Mendota Heights, MN. The signage to be used by the Faith Church of Glory will be identical to all signage currently being used on the building by all the current tenants. Pursuant to the lease agreement, the pazldng limitarion of five (5) parlcing stalls during business hours (business hours being defined as 8:00 AM to 4:30 PM, Monda.y through Friday) has been agreed upon. This does however, allow the church to use more than five parldng stalls in the evening hours and weekends for evening prayer services and Sunday worship. We invesrigated the church prior to entering into a lease agreement with them. Attached is a letter from the Faith Church of Glory providing you with some information concerning the church. We thank you for your consideradon and recommendation of the approval of an ordinance amendment to issue a church conditional use pernut in an industrial zone. . Kindest regazds, DAKOTA BUSINESS PLAZA � ;, � //� �G i��� G/_� V ` Ralph W. Linvilli Partner RWL/dm Enclosures ��� � � —� 5 ra�c�� � � Fa�th Church of /o � G Mailing address is 3659 Greensboro Drive • Eagan, Minnesota 55123 • Meeting at Metcalf Junior High in Eagan, Minnesota Rev. John Zimmermann, Pastor 456-0864 K, �. . Th�.+.rs . Oct . 4, � 990 TO: Citp of Mendota Heights Gentlemen, � At the request�of Mr. Ralph Linvill I am writing to give pou some information concernino our church. Faith Church of Glory is a Bible believing, charismatic church that began almost 4 years ago. Up until recently we have been meeting at Metcalf Jr. High 5chool in Eagan. Because of a desire to have a place of our own until we can bup land and build we have leased space in the Dakota Business Plaza. Faith Church of Glory is affiliated with the E.M.F. (Evangelistic Missionary Fellowship). The E.M.F, is a fellowship of around 35 churches who doctrinallp are aLnost identical to the Assemblies of God with the exception that each local church is given more autonomy or independence in the E.P1.F. as opposed to the Assemblies of God. Tiie �.r1.F. was foun�.ed in 192� and is neadquartered in Denver. Enclosed are two brochures which may give you more information about both our church and the E.M.F. Please feel free to call me should you have anp questions (456-0£364). I hope this is helpful to pou. Sincerely, J � 1 ��� Rev. John Zimmerma , Pastor FAITH CHURCH OF GLORY C ity o� .�.11.l 1Viendota Heights October 19, 1990 - Mr. Ralph Linvill 11975 Portland Avenue South, #126 Burnsville, MN 55337 Dear Mr. Linvill: Your application for a���,nancA }�-w-e�b�w-e.�. i— will be �: considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, pc�. 'Z3� The Planning Commission meeting starts at 7:30 o'clocl� P.M., here at the City Hall in the Council Chambers. You, or a representative should plan on attending the meeting, in order that your application will receive Commission consideration. If you have any questions, please feel free to contact me. Sincerely, (��- � Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 a CITY OF MENDOTA HEIGHTS NOTICE OF HEARING November 1, 1990 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Mendota Heights City Council will meet at 8:30 o'clock P.M. or as soon thereafter as possible, on Tuesday, November 20, 1990, in the City Hall Council Chambers, 1101 Victoria Curve, to consider an application from Ralph Linvill for an amendment to the Zoning Ordinance, Ordinance No. 401, to allow churches as a Conditional Use in the I(Industrial) Zone for the following described property: ti The North five hundred feet (500') of the East three hundred forty-nine and four hundredths feet (349.04') of Government Lot two (2), Section thirty-three (33), Township twenty-eight (28), Range twenty-three ( 2 3), subj ect to State Aid Road No . 31 and Perron Road according to the Government Survey thereof. More particularly, this property is located at 2401 Pilot Knob Road. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to this request will be heard at the meeting. Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHTS NOTICE OF HEARING October 3, 1990 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Mendota Heights Planning Commission will meet at 8:15 o'clock P.M. or as soon thereafter as possible, on Tuesday, October 23, 1990, in the City Hall Council �-� Chambers, 1101 Victoria Curve, to consider an application from Ralph Linvill for an amendment to the Zoning Ordinance, Ordinance No. 401, to allow churches as a Conditional Use in the I (Industrial) Zone for the following described property: . ti The North five hundred feet (500') of the East three hundred forty-nine and four hundredths feet (349.04') of Government Lot two (20), Section thirty-three (33), Township twenty-eight (28), Range twenty-three ( 2 3), subj ect to State Aid Road No . 31 and Perron Road according to the Government Survey thereof. More particularly, this property is located at 2401 Pilot Knob Road. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to this request will be heard at the meeting. Kathleen M. Swanson City Clerk C ity oi .�., l. � 1Viendota Heights APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Case No. � �`0� �� Date of Application _I o- �-�1 b Fee Paid o? So . OU Y�-PG !� �� (� 2� Applicant Name: Li nvi 11, Ral ph :W. PH. 612-890-54D0 (I,ast) (F'ust) (Mn Address: . 11975 Portland Avenue South, #126, Burnsville, ��1N 55337 (Number & Street) (City) (State) (Zip} OwnerNam.e: DAKOTA BUSINESS PLAZA . (I-ast) (F"ust) (IvI� ti Address: 11975 Portl and Avenue 5outh, #126, Burnsvi 11 e, MfV 55337 (Number & Street) (City) (State) (Zip) Street Location of Properry in Question: 2401 Pi 1 ot Knob Road, Mendota Hei ghts, MN Legal Description of Property: The iVorth F� ve Hundred ( 500 Forty-nine and Four Hundredths 349.0 feet o ov Thirty-three (3�), Townshi ight (23), Ran �tate Aid Road No.31 and Perron Road according to Type of Request: Rezoning Conditional Use Permit • Conditional Use Permit for P.U.D. Plan Approval � Comprehensive Plan Amendment Applicaoie �ty� Ordinaace ?��umber Present Zoning of Properry Present Use Proposed Zoning of Property � Proposed Use feet of the East Three Hundred rnment Lot Two , ection Twent -three (23), subject to e Government Survey t ereo . Variance Subdivision Approval . Wetlands Permit _ /�Other (attach explanation) � ordi nance r�a�ee- �.,� �� � �,,,, e�f Section � I hereby declare that all statements made in this request and on the additional material are true. �-'� � . � ��?2i � e of Appl{ t � . /G c1 �� (Date) J�-1 `-' i'��� 1s1C1.Y Q-�%i i l�"` • �.2.� � (Received by - Title) 1101 Vietoria Curve •1V�endota Heights, 1V�I� • 55118 452-1850 when permitteci by the applicabie policy of insurance. Each party further agrees ta use its best efforts to have any and ail fiz•e, exiended caverage or other casualty insurance paticies which rnay be carried endorsed with the fvilawing subrogatian clause: "This insurar�ce shall not be invalidated should the insured waive, in wriring prior to a lass, any or all right of recovery against any party for loss occurring to the praperty described therein." �1. As�ig��nt ox , ublettin�, LESSEE will nat assign this Lease, and will nat sublet any part of the Ieased premises without the consent in writing af the LESSOR, which consent sha�l nat be unreasanably withheld. LESSEE does hereby agree that if the LESSEE shall be declared bankrupt, shail have a receiver appainted of its property, shali make an assignment for benefit of ereditors or its rights hereunder shall be taken under executian, it shall be consttved as an assignment of chis Lease within the meaning therec�f. Any assignment of this lease without the prior written consent of the LESSQR shall be considered an act of default and subject to che remedies provided LESSOR in Sectian 15 of this lease. - 22. Indemnitv. LESSEE agrees to indemnify and hold LESSOR harniless fram any and ail ctaims for damages ar injury ta persans or property or the loss of property reiadng to or arising aut of the leased premises or the LESSEE'S use thereaf, except far cIaims for damage or injury occasianed by LESS4R'S neglect or failure ta perform its obligadons,�under the terms of this Lease. The LESSOR agrees ta indemnify and hold LESSEE hanmless fmm any and all claims for damages or injury to persons or progerty or the loss of groperty relating to or arising out of th� neglect or failure of LESSOR to perform any of its obligations under the terms of this I.ease. ��. That no sign, advertisement or nodce wili be placed or painted on any part of the outside of said buitding ar leased premises except in such manner, style and places as designated by the LESSOR; and the LESSOR reserves the right to remove all others at the expense of the LESSEE. 24. Acces�, LESSOR reserves the right to enter upon the leased premises at a11 reasonable haurs for the purpose af iaspecting tho same, or af making repairs, additions or alterations to the building in which the leased premises are located, to exhibit the leased premises ta prospective tenants, purchasers or others, to display during the last ninety (90) days of the term, without hindrance or molestation by LESSEE, "For Rent" or similar signs an windaws or daors in the leased premises. The exercise by LESSOR of any of its rights under this Section shaii not be deemed an eviction of disturbance af LESSEE'S use and possession af the leased premises. �S. CQ�,��Qp of the Premise�. It is mutually agreed and understood that ail of the improvements installed or contemplated by ihis Lease are adequate and satisfactory to meet ihe needs of the LESSEE herein. That any improvements, leasehold equipment and/or labor hereafter r�equired under any Federal, State ar Municipal statute or ordinance shall be provided by and at thc. expense of LESSEE and that said LESSEE shali hold the LESSOR and his real estate harmless af any claims arising therefram; and, that said remodeling, improvement andlor leasehold equipment so required and installed shall inure to the beneft of the LESSC}R upon the termination of ihis Leasc, unless otherwise agreed ta in wridng between th� parties. �6. Substitute Premises. If the Premises contains an azea of 2,OQ0 square feet or less, Landlard shall have the right at any rime during the term hereof, upon giving Tenant not less than sixty (60) days priar written nodce, to pmvide and furnish Tenant with space elsewhere in the Shapping Center of approximately the same size as the Premises and remave and place Tenant in such space, with Landlord to pay all reasanable casts and expenses incurred as a result of such remavat of Tenan� Shoutd Tenant refuse to permit Lancllord to move Tenant to such new space at 0 �� �,��„Deno,�. LESS�E, concurrently with the execution of this Leas�, has depasiteci with LESSOR the sum af o v �N#�s �`-�- .� �$�,��88�; the receipt of which is hereby acknowledged by LESSOR , which sum' shall be ._._._.. retained by LESS4R as security for the payment by LESSEE of the rents herein agreed to be paid �_ �/� �'_ by LESSEE and for per:formance by LES�EE of the terms and covenants of this Lease. LESS4R, `-- at LESSOR'S opdon, may apply said sum ar any part thereof toward the payment of the rents and � all other sums payable by LESSEE under this Lease, and toward the performance of any of t LE5SEE'S covenants under this Lease. LESSOR may exhaust any or all rights and remedies against LESSEE befare resorting to said sum. In the event this deposit shall nat b�e udlized far any such purposes, then such depa�sit shall be returned to LESSEE within ten days after expiration of the term of the I.ease. LESSCJR shail not be required to pay LESSEE any interest an the security deposit. �� F„�ancial $t�temgntc. If requested, LESSEE shali promptty furnish an annuat financial statement ta LESSQR. �7. �"`�l r�ntv. If so required by LESSOR, LESSEE's Guaranior shall exeeute and detiver to Landlond upon execudon of this lease a Guaranty in the form attached hereto as Exhibit ��� ��, 8�,. S�eciat PrQvisiQns. LESSEE shaii use no inare than fiva parking stalts druring business hours (busi�ess ho�rs will be defined as 8.4Q AM to 4:30 PM, Monday tivaugh Friday}. IN WITNESS WHEREOF, the respecdve parties hereto have execuied this instivment in duglicate the day and year first abave written. LFSSQR; Dakota Business Plaza .-� By; �>..i � �-'�.�..,� Its;_ / "�.� � ��''�,� LESSEE: Faith Church of Giary , � i--^ t � .� Its: LOCATION: Faith Church of Glory meets SUNDAY 10 A.M. at METCALF JUNIOR HIGH SCHOOL ' Hwy. 13 & Diffley (Cty. Rd. 30), Eagan � INFORMATION: For further information call: Pastor John Zimmermann 3659 Greensboro Drive Eagan, MN (612) 456-0864 NURSERY CARE PROVIDED .�• SUNDAY SCHOOL 9:15 A.M. � : Faith Church of G/ory /NTRODUC/NG: Faith Church 0� G/ory We invite you to become a part of a growing, vibrant church that desires to spread the life of Christ to Eagan and the surrounding communities. Although we are a young church, we are excited at what the Lord is doing among us. Because the Bible tells us that Christ is the head of the church, we seek to make Jesus Lord of both the church and our personaf lives! � O UR V/S/ON: As a church we are committed to: • PREACHING, [iving, and applying the ' Word of God to our daily lives. . WORSHIP and music that is aliue and contemporary. A commitment to praise and pray. • CHARISMATIC, Spirit filled services • YOU! We desire to reach out to the community with the Jove of Jesus. WE BEL/EVE: —The infallibility of the Holy Bible. —The complete deity of Jesus Christ. —The atoning sacrifice of Jesus Christ on our behalf. —The Trinity consisting of God theFather, the Son, and Holy Spirit. —The Baptism in the Holy Spirit and gifts of the Spirit. O UR PASTOR: Pastor John Zimmermarin's roots are in the Twin Cities area. He studied at the U o% M for two years before he transferred to Christ for the Nations Bible College in Dallas, Texas; graduating from there in December 1983. He serued as Associate Pastor at Bethesda church in Madison, Wisconsin, before coming to Eagan to pioneer FAITH CHURCH OF GLORY. John and his wife Janet reside at 3659 Greensboro Driue, in Eagan. A FFit/A T/ON: FAITH CHURCH OF GLORY is affiliated with the Evangelistic Missionary Fellowship. Our affiliation provides accountability, fel(owship, and the opportunity for missions involvement. The E.M.F. is not a denomination but a jellowship of churches working together to promote and support various missionaries. 'h urch o f �:: ��. <::��:� ::.::��:::.: .. :.:.. �� .:::�.:.:>: :::.': :�::::�:C�:���"l�`4�.:. ��� .::>��::.:. `::. .:. The EMF believes in: The inerrancy of the Old and New Testaments of Holy Scrip- ture One God e,xisting in three persons: Father, Son and Holy SP]I1C The complete deiry of Jesus Christ and His substitutionary atonement, His bodily resurrec tion from the dead and His re- tum to earth in power and glory The sinfulness of man and his need for regeneration by the Holy Spirit through repentance from sin and faith in Jesus Christ The availabiliry of the infilling with the Holy Spirit subsequent to conversion and the gifts and manifestations of the Holy Spirit to empower an effective witness for Christ and edify fellow b� lievers. :......::....�,..,.�,..,,,...:.,,,,:.,...,....-z .. .. - . . . . :.:::.:>:.::.�.^.�..,-:..n;:<::»:::;::.:.,::,�,-,--;-r.,�.-� .; >.�:'.,::.:�� �" : : : > ��. '. , `.:: ::;' .;�.::. :,..� ...: :::. ::. :::. :�:.>:><. ::. � "Well over 20 years ago I emerged with Pentecostal convictions from an evangelical Baptist seminary. I found a `home' in the EMF, and I've valued my association with EMF brethren ever since." f" Rev. John Oldfield, York, PA Pastor, police chaplain, and radio speaker "I began attending an EMF church after my discharge from the United States Marine Corps in 1952. Later that year God. called me into the ministry, and the EMF has provided fulfilling pastoral opportunities ever since my graduation from Bible college." Rev. Ron Scheimo, Norton, KS Pasrorarut FMFerecuru� o,�fcer "I am so thankful that God has led me into fellowship with the EMF. They understand the balance between local church autonomy and yet the need. for God1y oversight. Their commitment to young pastors arid new churches has been demonstrated by their spiritual and financial encouragement in my ministry and our church." Rev. John Zimmermann, Fagan, MN Pastor :::� �..�....,. R..... ......: �,.,�.�.`�::....,.-�.:.�...,mm;; '���.. .:������; .:...... . :::..::..;:.. , . . ::..:.. ...:..:... . ...: . ...... . .:.:.::::::.:.. .. : :... ::.::.;;:;.:.. �. . : : : :.: . . . .. . . . . . . . . . . . . . . . . . . : >. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : . . . . . . . . . >. . . . . . .; : �. For further information about the EMF, please contac� Bryan Peterson S�oa�s and Growth, Direcior 3245 E. Washington Madison, WI 53704 � 60$-244-7222 ; �. , � �� �o��.zse -. ,� f:,-F�`. Israel, `five of you ... -.-. ��'r . � ';,would chase 100, .�` �`� and 100 ivould chcrse 10, 000: " �� ^ ,f LEVITICUS 22:8 � � ._. .� EVANGELISTIC MISSIONARY FELLOWSHIP :�'c;�, �... � - _..� e, ��'�'��." ..,� . .v $: � • a student nearing graduation from a Bible college or seminary with a call of God. on your life for christian service? • a pastor of an unaf�iliated church� • the director of a specialized ministry within the Body of Christ� If so, may we suggest for your prayerful consideration the Evangel istic Missionary Fellowship? In God.'s Word we see the value of joining together to serve the Lord We are in a life and death battle and we need the advantage that fellowship and cooperation will give us. The opportu- niry to do this is what the Evangelistic Missionary Fellowship is abou� 4 J �v � '{ rt �`, � `�.� . . ,� �,� �'����`���`� :. he Evangelistic Missionary Fellow ship is a fellowship of pastors, mis- sionaries, evangelists, chapla.ins, Chris- tian workers, and local churches who: • Subscribe to local autonomy while acknowledging the need. for protective accountabiliry. � Se� i atmosphere of loving : - 9 7 relationships and cooperation where integrity and character aze e�pected and nuctured. • Work together to train workers, plant churches, and support missionaries throughout the ' United States and around the world � Identify ourselves primarily as followers of Jesus Christ, secon clarily as evangelicals, and thirdly as Pentecostals or Charis- matics with a desire for balance and a vision for revival and spiritual awakening. Founded. in 1928 and rooted in the classical Pentecastal movement, we ha.ve incorporated. the best of the Charismatic renewal, and are delighted with the present so-c�lled "t�urd wave" of renewal among mainstream evan- gelicals. We have established churches at several points throughout the United States and see the need for continued church planting to facilitate evangelism as we rapidly approach the twenry-fust century. �th an ever-increasing vision for world evangelism, we are presendy la- boring in Alaska, with an AM, FM and T.V. broadcasting ministry, and in countries such as Portugal, South Af- rica, Zaire, Pakistan, India, and Papua New Guinea. � �f�� n��`����� �.. ��.�� �hu ,�, ,.r r� The EMF offers: • selected internships under sea- soned pastors for Bible college and seminary graduates • a limited finanaal partnership in church planting and missionary activiry � annual conventions, ministers' seminars, and regional fellow- ship gatherings to provide con- tinuing education in relevant ar- eas, to stimulate spiritual growth and to foster lasting and mean ingful relationships • opportunities to exerase your . gifts, abilities, and training in evangelism, christian education, pastoral ministry, broadcast me- dia, musical ministry, and mis- sions + bona.-fide ministerial creden- tials—ordination, theological and non-theological license, and christian workers' papers, for qualified applicants • the excitement of partnering to accomplish the expansion of the Kingdom of God. C ity o� ... < <, • 1Viendota Heights November 14, 1990 Mr. Ralph Linvill 11975 Portland Avenue South, #126 Burnsville, MN 55337 Dear Mr. Linvill: Your application for a� ���'�0.�� !��-Ng''"`�"`+ will be ,� d - .; considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, �ov • 2c� � . The ti Council meeting starts�at 7:30 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended �'{�� -�L.p. C��-y ` S 2.vv�. �� � r�Qw.a�.. � joA aw-���,fl k� a l low e(�.�rc-(►�,5 W t'{'1.���.. ��2 ���.�5�--�-�0..� � ci5 A �aKcSLc-i�co�� V 5.� If you have any questions, please feel free to contact me. Sincerely, ��� � . � Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 `�!� tis .,.. ,. CITY OF MENDOTA HEIGHTS MEMO TO: Tom Lawell - City Administrator FROM: John Maczko - Fire Chief SUBJECT: ISO Study be�• As you are aware, the Fire Department received a letter , describing the services of a Mr. Don Wickstrom, a retired Insurance Service Organization Fire Department Rater. Mr. Wickstrom has offered to come and study our department and the City to see if in fact our fire class rating sl�ould be adjusted. Please see the attached memo from Assistant Chief Lerbs to me regarding his conversations with Mr. Wickstrom. Mr. Wickstrom quoted us a price of $2,900.00 to provide a' complete comprehensive study on our insurance service ratings and also give us information on how we could improve. Since it appears that the Fire Department will be ready for reappraisal in 1992, I strongly suggest that we amend the 1991 budget to reflect funding $2,900.00 for this consultant. Should you wish to discuss this further, please feel free to contact me. cc: Bill Lerbs Larry Shaughnessy CITY OF MENDOTA HEIGHTS MEMO November 13, 1990 ;f� TO: Mayor, City Council and City Admini5���cr FROM: Lawrence E. Shaughnessy, Jr., Treasurer SUBJECT: Fire Department Rating Study HISTORY The last time our Fire Department was rated byyISO was in 1977. At that time, we obtained a rating of six which was'a reduction from seven and only one hundred points on a 5,000 point scale from a five rating. Based on improvements to the Department and our water supply, we should be in good position to improve our rating to a potential four which would result in a four to five percent reduction on residential fire premiums and a three to four percent for commercial. While we have no exact figures on the City wide insurance costs for fire, we do participate in the State Fund which is made up from money equal to two percent of the premium. Our share of this Fund is about $34,000 which could mean premiums in the 1.5 to 1.7 million range City wide, the savings could be substantial. As mentioned in John's memo, an independent consultant is available to review the Department prior to ISO evaluation which could point out any weaknesses in the Department and our chances for a rating reduction. Since the last review, we have improved the Department through the water tower, system looping, two new pumpers, hookup of Friendly Hills area, new training program, new radio system, new facility, better response time and staffing, preplanning and a fire marshal. The cost of the consultant review would be $2,900 which could be charged as a 1990 payable if the Council so desires. The 1990 Budget should be in good shape, and we would not have to redo the proposed 1991 Budget to accommodate the payment. CITY OF MENDOTA HETGHTS FIRE DEPARTMENT MEMO October 5, 1990 TO: John Maczko, Fire Chief FROM: Bill Lerbs, Asst. Chief SUBJECT: Insurance Service Office (ISO) Mendota Heights needs to look into our Insurance Services Office (ISO) regarding to changing our classification from 6 to possibly 4. Our last rating was approximately 1977. � We were contacted by Donald W. Wickstrom, a fire protection engineering consultant. I had a brief conversation on MOnday, October 1, 1990 with Mr. Wickstrom, the following are the high- �,,.- lights of that conversation. 1. Has worked with Roseville, Lakeville, and Minnetonka. 2. Was employed by ISO for 32 years. 3. Our trucks must have three consecutive years Qf pump test records - the test he performs will count. 4. Has large motor home with his office in which he plugs in on site so he is available for daytime and night ' time requirements. �He comes on Sunday afternoon and plans to stay all week. 5. Being flow tests are required his schedule for 1990 is complete. � - 6. I did enter the week of April 28, 1991 for Mendota Heights - this is his first for 1991. 7. Must have up to date water map best size 36 X 48 - must be readable. 8. Cost for all tests and follow up is $2,900. I feel we need this for our City. The information received from Mr. Wickstrom will give the Fire Department some positive direction for years to come. More information will be received within the next week. �=- � • ' � CITY OF MENDOTA HEIGHTS MEMO November 14, 1990 TO: Mayor, City Council and City Administ�- FROM: Klayton H. Eckles `, � Civil Engineer �� SUBJECT: Realignment of the Glenhill Road Trunk Highway 110 Frontage Road Intersection Job No. 8310 DISCUSSION: Mn/DOT is in the process of completing the Mendota Inter- change project and a problem has surfaced at Glenhill Road where it connects to the Frontage Road (Victoria Curve). The original plan was to maintain the Glenhill connection when the rontage road is extended further west. To do so however, woul� have a significant adverse impact on the house near the intersection (1219 Victoria Curve). Mn/DOT has developed an alternative design to eliminate the impact. This alternative would involve constructing a cul-de-sac on Glenhill Road and completely eliminating the connection to the frontage road. The attached drawings show the two Mn/DOT propos- als. The connection as originally proposed would require a sharp "S" curve design to make the connection. To construct the "S" curve would require that the entire front yard of 1219 Victoria Curve would be disrupted or removed due to steep side slopes. The owner, Mr. Gerald Shaughnessy, has indicated his concerns to Mn/DOT. The advantage of the "S" curve design is that it maintains the second access point in the Culligan/Glenhill Road neighbor- hood, allowing for better traffic flow and emergency vehicle access. The police chief has indicated that maintenance of a second access to the neighborhood is very desirable but not absolutely necessary. The new Mn/DOT proposal, shown on the second drawing, would eliminate the Glenhill Road connection to the Victoria Curve frontage road. Instead Glenhill would become a cul-de-sac which would be accessed via Culligan Lane. Mn/DOT would construct and pay for the cul-de-sac, and would design it to meet the City's needs. _• i One advantage of the cul-de-sac is that it avoids the damage �'�' to Mr. Shaughnessy's property. Another advantage is that it eliminates the "S" curve design which has some safety concerns. Also many residents find cul-de-sacs more aesthetically pleasing then through streets. The only significant concern with the cul-de-sac option is the loss of traffic flow and access. Access to this neighborhood would be similar in nature to the Crown Point development, in that this would in effect be one very long cul-de-sac (if ineas- ured from Hunter Lane). Affected residents on Glenhill Road have been notified of the proposal and of the Council meeting discussion. At the time of this memo, none have contacted me. There are advantages and disadvantages of both options. In the end it comes down to the question of whether or not the City �,� has any major objections to a cul-de-sac. RECOMMENDATION• Staff has no strong opinion on this issue. Considering the potential damage to Mr. Shaughnessy's property and Mn/�OT's desire to go with the cul-de-sac, perhaps the cul-de-sac would be the best of the two options. ACTION REQUIRED: Council should discuss the Mn/DOT proposal to convert Glen- hill Road to a cul-de-sac street and decide on its acceptability. KHE:dfw � � r �o f ° D Q � � � ��yrOF TRP��� � Minnesota Department of Transportation Metropolitan District Transportation Building St. Paul, IlAinnesota 55155 '�t+l i "., .:i�;; Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 October 5, 1990 Mr. Tom Lawell City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Dear Mr. Lawell: Reply to Telephone No. 779-1178 Mn/DOT is developing plans for the "Mendota Interchange". � This project will be done in conjunction with the re-construction of the Mendota Bridge in 1992-1993, and will encompass T.H. 55 from the Mendota Bridge to Mendota Heights Road, T.H. 110 f rom T.H. 55 to Lexington, and T.H. 13 from T.H. 55 to T.H. 494. It also includes C.S.A.H, 31 (Pilot Knob Road) from Acacia Cemetery to Mendota Heights Road. We are requesting permission to close the access of Glenhill Road to the T.H. 110 Frontage Road. We propose building a cul-de-sac and re- orientating the access to the 110 Frontage Road via Hunter Lane. Our reasons are: 2. 3. The profile grade of the 110 Frontage Road is being resulting in a steeper grade for Glehnhill Road. The residence in the N.E. corner of Glenhill and the road will be adversely affected. His new entrance curved and steep and his whole front yard area will for backslope. With a cul-de-sac we can leave him "as-is". lowered, frontage will be be used mostly There is only one home on Glenhill Road whose access would change. We have included two plans, one as originally planned, and one with the proposed cul-de-sac. If you need any further clarification, contact Bruce Libby, Detail Design Project Manager - Telephone Number 779-1187. Si rrae,�c,�nris�ensen istant District Engineer Attachment An Equal Opportunity Employer AS OI�IGINACC� o � � ( � _��/ I o �. 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