1990-01-02i�'
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AGENDA
JANUARY 2, 1990 - 7:30 P.M.
1. Call to Order.
2. Roll Call.
3. Agenda Adoption.
4. Approval of December 6th and December 19th Minutes.
5. Consent Calendar
a. Acknowledgment of the November 28th and December
26th Planning Commission Minutes.
b. Acknowledgment of the December 12th Parks and
Recreation Commission Minutes.
c. Approval of the List of Pledged Securities.
d. Adoption of Resolution No. 90-01, Establishing
1990 City Depositories of Funds.
e. Adoption of 1990 Budget.
f. Approval of Ruby Drive - County Agreement.
g. Approval of Krebsbach Variance Extension.
h. Approval of the List of Contractors.
i. Approval of the List of Claims.
End of Consent Calendar
6. First of Year Administrative Actions
a. Appointment of Acting Mayor for 1990.
b. Appointment of Health Officer for 1990.
c. Designation of Official Newspaper for 1990.
7. Public Comments
8. Unfinished and New Business
a. CASE No. 89-46: Span� jers - Minor Wetlands Permit
b. CASE NO. 89-45: Birch - Subdivision
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c. Public Works Personnel Changes.
d. Cable TV Appointment.
e. Mendakota's Street Light.
f. Air Noise Hohenstein Response.
9. Council Comments
10. Adjourn to Closed Session to Discuss Labor Negotiations.
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Page No. 2653
?�ecember u'. 1989
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Wednesday, December 6, 1989
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 Councilmember Hartmann moved adoption of
the revised agenda for the meeting.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Blesener moved approval of
the minutes of the November 19th adjourned
meeting with correction.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
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. Adoption of Resolution No. 89-132,
"RESOLUTION ACCEPTING WORK AND
APPROVING FINAL PAYMENT FOR IMPROVEMENT
NO. 88, PROJECT NO. 3," authorizing
final payment of $3,887.58 to F.F.
Jedlicki, Inc.
b. Acknowledgment of the Code Enforcement
monthly report for November.
c. Approval of the list of contractor
licenses dated December 6, 1989 and
attached hereto.
d. Approval of the List of Claims dated
December 6, 1989 and totalling
$233,212.14.
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Page No . 2�S 5 4
December 6, 1989
e. Authorization for staff to issue a
purchase order in an amount not to
exceed $11,250 for a copier.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 89-44, CLT Mr. Dave Dinger, representing C.L.T. Floor
Coverings, Inc., was present to request
approval of a thirty-two foot sign setback
variance at 2400 Pilot Knob Road.
Responding to a question from Councilmember
Blesener, Mr. Dinger stated that the sign
is the same type of sign as others in the
industrial park, except that it will be
backlit.
Mayor Mertensotto asked if the sign will be
20 feet from the right-of-way. Acting
Administrator Danielson responded that the
sign is proposed to be 8 feet from the
property line, 25' from the curb after
Pilot Knob is widened. He stated that
Council has been granting 20 foot variances
in the industrial park, which would place
the signs 20 feet from the property line.
In this case there are existing pine trees which
would totally block the sign if it were
placed 20 feet from the property line.
After discussion, Councilmember Cummins
moved to approve a 32 foot sign setback
variance at 2400 Pilot Knob Road.
Councilmember Anderson seconded the motion.
Ayes: 5
Nays: 0
BLOCK GRANT Council acknowledged and discussed a memo
from Acting Administrator Danielson
regarding use of the City's share of the
� Dakota County Community Development Block
Grant funds, which is $37,000 in 1990. In
his memo, Mr. Danielson informed Council
that there are four City households on a
waiting list to receive CDBG subsidized
loans and that the average CDBG loan is �
$10,000. He also informed Council that the
City could apply for a direct grant for
future airport noise studies.
Mayor Mertensotto suggested the City apply "�
for the funding and if a hardship case
arises, the funding could be reassigned.
Page No. ''-555
December b, 1989
Mr. Danielson responded that if the City
requests that the funds be applied towards
planning, it would not be available for
rehabilitation loans. He also informed
Council that there is a$10,000 cap on
rehabilitation loans, but that he has no
specifics on the amount the four home-
owners are asking for.
Councilmember
can relinquish
hardship. Mr.
this could be
Blesener asked if the City
the grant if there is a
Danielson responded that
done.
Councilmember Blesener suggested that the
City reserve $17,000, which would leave
$20,000 for rehab loans. Councilmember
Anderson suggested that the City would have
maximum flexibility if Council earmarked
the total funds.
Acting Administrator Danielson stated that
the City may not get the total amount, and
that applying for the full amount might
adversely affect the City's application.
After discussion, it was Council consensus
that the total funding application should
be for housing rehabilitation.
Councilmember Cummins moved adoption of
Resolution No. 133, "RESOLUTION APPROVING
THE APPLICATION OF THE CITY OF MENDOTA
HEIGHTS FOR FISCAL YEAR 1990 DAKOTA COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING."
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
BUDGET/LEVY HEARING Mayor Mertensotto opened the meeting for
the purpose of a public hearing on the
City's proposed tax levy and budget for
1990.
Treasurer Shaughnessy gave a graphics
presentation showing the General Fund
expenditures budgeted for 1989 and proposed
for 1990 and a proposed budget/fund
comparison for the two years. He also
informed the audience on the 1990 homestead
tax capacity and projected taxes on
residential property for 1990.
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Page No . 2 6�6 �
Decembz.x b�,-"1989
Mr. Shaughnessy informed the audience that
the proposed general fund budget is up
approximately 8� over the 1989 budget and
that valuation growth has increased nearly
11�. He informed the audience on the
effect of the shift in State Aid to the
School District, which resulted in a loss
of $237,000 in revenues to the City. Mr.
Shaughnessy stated that the proposed 1990
general fund levy is $1,793,000.
Councilmember Cummins asked whether the
City is a winner or a loser in terms of
Fiscal Disparities. Mr. Shaughnessy
responded that the City is a loser because
there has been substantial
commercial/industrial growth in the
community. The City will lose
approximately $86,000 in taxes on
industrial property to the metropolitan
fiscal disparities pool.
Mayor Mertensotto asked for questions and
comments from the audience.
A gentleman in the audience asked how much
of the increase in the park budget is
because of the increase in park land. Mr.
Shaughnessy responded that $50,000 has been
budgeted for a new mower and that there are
additional part-time hours budgeted. He
explained that in the park referendum
brochure, it was explained that it was
anticipated that if the referendum were
approved there would be approximately
$100,000 in operating costs which would
need to be funded by the general fund.
There being no further
comments, Councilmember
the hearing be closed.
Councilmember Hartmann
Ayes: 5
Nays: 0
questions or
Cummins moved that
seconded the motion.
Councilmember Blesener moved adoption of
Resolution No. 89-131, "RESOLUTION
APPROVING FINAL 1989 TAX LEVY COLLECTIBLE
IN 1990."
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
HEARING - WAGON WHEEL Mayor Mertensotto opened the meeting for
TRAIL IMPROVEMENTS the purpose
on proposed
Trail.
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Page No . 2 6�-7
December 6., :1989
of a continued public hearing
improvements along Wagon Wheel
Engineer Klayton Eckles informed Council
and the audience that since the first
hearing staff has been looking into
different ways the City might fund the
proposed project. Staff has discussed the
matter with the Park and Recreation
Commission, asking the Commission to
consider to find a way to fund the proposed
bike trail and offset proposed assessments.
The Commission determined that they had no
money in the referendum budget to use for
the trail - the referendum did not include
funding for a bike trail along Wagon Wheel
Trail because of the availability of MSA
funding for this purpose. He stated that
after the discussion with the Commission
staff looked at other possible funding
sources. He noted that available state
funding has been exhausted and staff could
find no other way to lower assessments.
Staff did however consider methods of
alleviating the burden of assessments for
the several very large parcels of property.
He stated that some of the parcels have
upwards of 300 feet of frontage on Wagon
Wheel, and that there is precedent for
deferment of property in excess of 100 feet
of frontage. He recommended that in such
situations assessments for frontages in
excess of 100 feet be deferred until such
time as the property is subdivided, not
sold or subdivided. He stated that fewer
than ten properties would be affected.
A gentlemen in the audience stated that the
people who live on Wagon Wheel do not want
the project and that the street is in good
condition. He stated that the residents
don't need the improvements or the added
costs.
Councilmember Cummins asked what the MSA
designation means in terms of bringing the
street up to MSA standards.
Acting Administrator Danielson responded
that there�is no pressure to upgrade the
street but that the City continues to
receive MSA funding based on needs. The
City is only allowed to bank a certain
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Page No . 2 G��-S -
December 6, 1989
level of funding in its MSA account, and
the money must either be spent or it is
lost.
Councilmember Cummins asked whether there
are any other MSA roads where the funding
could be used. Mayor Mertensotto pointed
out that a portion of Mendota Heights Road
is designated for future improvement.
With respect to a question on whether
Council wants to complete the improvement
even though the residents don't want them,
Councilmember Blesener stated that the same
question arises in almost every City-
initiated improvement. She felt that a
trail on Wagon Wheel is badly needed and
that it is a very dangerous stretch of road
�o bike or walk on. M.S.A. will pay about
80� of the cost, and if the City doesn't
build the street now it will be needed in
five years anyway, at a cost borne entirely
by the property owners. She felt that it
seems reasonable to take advantage of the
MSA funds and improve the safety situation.
She felt that the character of the
neighborhood would not suffer and that
Council must take a hard look at the
benefit to the community as a whole.
Mr. Bebel, 1011 Wagon Wheel, asked why the
street would need replacement in five years
when it was just built. Councilmember
Blesener responded that the quality of
construction is much better under MSA.
Engineer Eckles explained the differences
between MSA construction and the existing
Wagon Wheel surface.
Mr. Klaus, 1065 Wagon Wheel, asked what
has made Wagon Wheel dangerous. He stated
that he would rather walk on Wagon Wheel
than on the trail through Rogers lake Park
and that if the City wants a trail the City
should pay for it, not the property owners.
He further stated that other residents have
not been assessed where a street already
exists and that the City should have
specified a bike trail along Wagon Wheel in
the referendum.
Councilmember Blesener responded that this
is a necessary project and it is the
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Page No. 2�5.�Q
December 6�, 198 9
Council's responsibility to make it as
economically feasible as possible. She •
also pointed out that the property owners
have never paid a street assessment.
Mrs. Rita Lahtonen, 854 Wagon Wheel, asked
whether the option of widening the road and
curb and gutter but without a bike trail
has been considered so that there is no
need to take property.
Mayor Mertensotto responded that this could
be done, but it would not totally be paid
for by MSA funds. Also, the trail is part
of the City trail program.
Engineer Eckles explained the location of
the existing right-of-way and stated that
the road is ,2� feej� wide now and would be
53 feet wide'" °��' the curb and gutter and
trail. The entire street, trail and
boulevard area is proposed to be
constructed on City property and there
would still be about a 10 foot boulevard
between the edge of the street and the
property lines within existing right-of-
way.
The owner of 809 Wagon Wheel stated that he
just built on the north side of the street
where the bike trail would go, and that his
home will be no more than 20 feet from the
bike trail. He was concerned over the
safety of his small children.
Mrs. Lahtonen stated that there is a large
electric pole on the third cul-de-sac which
seems very close to the street. She asked
what consideration will be given to such
utilities during construction.
Mr. Bebel stated that Mr. Eckles has
indicated that property owners would only
be assessed for 100 feet of frontage and
not the rest until the property is
subdivided, but pointed out that the City
will charge interest on the deferments.
Attorney Hart stated that he will have to
research whether a portion of the
assessment can be deferred and that he does
not want the residents to count on
potential deferments.
Page No . 2 6��
December 6, 1989
Ms. Kay Linafelter, 810 Wagon Wheel, stated
that there are several streets feeding off
of Wagon Wheel to the north, and asked how
many additional homesites will be developed
and if they will be assessed for this
project.
Councilmember Blesener responded that there
are six lots now and the potential for six
more at most and that they are not proposed
to be assessed for this proposed
improvement.
Mrs. Ann Pabst, 970 Wagon Wheel, asked what
will happen to the Klaus home which she
felt is closer than 30 feet from the
street. Mrs. Klaus stated that her front
steps are 26 feet from the edge of the
road.
Mr. Eckles responded that staff has not
looked at specific cases because the
project has not yet been ordered, but that
the road will fit within existing right-of-
way.
Mr. George Linafelter, 810 Wagon Wheel,
asked for information on traffic counts.
He felt that upgrading the road will invite
more traffic.
Mr. John Nowlin, 900 Wagon Wheel, stated
that he would like to go on record as being
in favor of the project. He stated that he
has lived at 900 Wagon Wheel since 1976 and
has seen a large increase in pedestrians
and other traffic. He pointed out that
there is no provision for on-street parking
and that traffic must go into the opposite
lane to get around cars parked along the
street. He also stated that a roadway is
not a walkway and by putting in a trail
there is a designated space for people to
walk on. He felt this would improve safety
and property values and that curb and
gutters will protect the life of the road.
He asked that Council also consider
improving Swan Lane between Cheri and Wagon
Wheel as part of the proposed project.
The owner of 905 Wagon Wheel asked whether
there will be any additional stop signs,
suggesting that if the curves are softened
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Page No. 26�1
December 6, 1989
and the road is straightened out people
will have less of a tendency to slow down.
Mr. Richard Paul, 940 Wagon Wheel, stated
that at the last meeting he said he wanted
to see specific details before going on
record. He stated that he has not seen any
specifics and would like to go on record as
opposing the project.
There being no further
comments, Councilmember
the hearing be closed.
5 Councilmember Hartmann
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questions or
Cummins moved that
seconded the motion.
Mayor Mertensotto stated that at the first
hearing he stated that unless the project
was paramount and had to be done he would
not force the project on the residents. He
stated that he would suggest that instead,
the MSA funding be shifted to Mendota
Heights Road and that the proposed project
be reconsidered in four or five years when
the street surface is deteriorated.
Councilmember Blesener stated that the
proposed project will benefit the entire
City and that MSA is available now versus
the need for resurfacing in 4 to 5 years.
Councilmember Anderson stated that his only
concern in addressing the issue now rather
than in the future is that the street is
part of the MSA system and will most
certainly be improved in the future. He
pointed out that it is Council's
responsibility to weigh the impact on the
neighborhood as opposed to the benefit to
the community as a whole, if the street is
going to be upgraded to MSA standards in
the future anyway. He stated that it makes
economical sense to do the project now
because of MSA funding. He felt that the
residents do not object to the project but
rather to the cost.
Councilmember Hartmann stated that Wagon
Wheel was recently resurfaced as the result
of the turnback from the County and it
appears that Council is proposing to
overlay a street that is in good condition.
The other side of the picture is that it is
an MSA street and has safety problems. He
also stated that the street will need
Ayes: 5
Nays: 0
Page No . 2 H� ? �. . . .
December 6°;= 1989
upgrading in the future and certainly costs
will rise.
Councilmember Cummins stated that he is
very sympathetic with the concerns of the
residents, but that it would be his
inclination to say that the time has come
to do the project. He stated that it would
most certainly be cheaper for the City and
the property owners to have the project
done now. He felt that two questions must
be resolved - Attorney Hart must address
the question of whether partial deferments
can be made, and staff must determine how
many properties might be affected because
they have inadequate setbacks. He pointed
out that if the project would involve
condemning houses and properties, it would
have a significant impact on the decision.
Councilmember Anderson suggested that the
action to close the hearing be rescinded.
Councilmember Cummins withdrew his motion
to close the hearing.
Councilmember Hartmann withdrew his second
to the motion.
Councilmember Cummins moved to continue to
the public hearing to February 6th at 8:00
p.m. and to direct legal counsel to prepare
a memorandum on the legality of deferring
assessments for portions of property and to
direct staff to determine the number of
properties which might be adversely
affected by the property.
Councilmember Anderson seconded the motion.
Staff was directed to mail notice to the
property owners of the continued hearing.
RECESS Mayor Mertensotto called a recess at 9:30
p.m. The meeting was reconvened at 9:40
p.m. .
HEARING - CASE NO. Mayor Mertensotto opened the meeting for
89-43, SCHOOL DISTRICT the purpose of a public hearing on an
197 application from Independent School
District 197 for a conditional use permit
for baseball field improvements.
Mrs. Lois Rockney, representing the School
District, explained the proposal, stating
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Ayes: 5
Nays: 0
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Page No . 2 6' 3�
December ��, 1989
that the District would like to add two
dugouts and a batting cage to the baseball
field at�the corner of Warrior Drive and
T.H. 110.
Mayor Mertensotto noted the Planning
Commission's concern about graffiti and the
suggestion that the materials used for the
dugouts should be graffiti-proof.
Mrs. Rockney responded that the District
proposes to use burnished block, which
cleans off more easily than other
materials.
Councilmember Anderson pointed out that the
Commission had also recommended that
landscaping efforts be undertaken, and
asked whether the District has discussed
any landscaping specifics.
Mrs. Rockney responded that she has been
informed of the City's tree planting
program and that the Commission discussed
placement of trees around the dugouts for
shielding, but that she must discuss the
matter with the District Board.
Councilmember Blesener stated that she is
not sure what the value of planting of
trees would be with lots of children
running around in the area of the
improvements. She felt that dressing up
the area with landscaping does not make a
great deal of sense.
There was brief discussion over fencing .
;Mayor Mertensotto asked for questions or
comments from the audience.
There being no questions or comments from
the audience, Councilmember Blesener moved
that the hearing be closed.
Councilmember Anderson seconded the motion.
Councilmember Blesener moved adoption of
Resolution No. 89-134, "RESOLUTION
APPROVING A CONDITIONAL USE PERMIT•FOR
BASEBALL FIELD IMPROVEMENTS," on the sole
condition that the dugout material be
burnished block in a color to match the
school building.
Ayes: 5
Nays: 0
HEARING - CASE NO. 89-
42, MENDAKOTA
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
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Page No . ? 6��
December- 6, I989
Councilmember Cummins seconded the motion.
Mayor Mertensotto opened the meeting for
the purpose of a public hearing on an
application from Mendakota Country Club for
a conditional use permit and wetlands
permit to allow construction of two
pumphouses.
Mr. Glen Lentner, representing Mendakota,
stated that the proposal is to build one
new pumphouse and to replace another. The
pumphouse materials will match the
clubhouse and the existing well will be
used. Mr. Lentner then responded to
Council questions.
Mayor Mertensotto asked for questions and
comments from the audience.
There being no questions or comments,
Councilmember Hartmann seconded the motion.
Councilmember Cummins seconded the motion.
Councilmember Anderson moved adoption of
Resolution No. 89-135, "RESOLUTION AMENDING
A CONDITIONAL USE PERMIT FOR A PLANNED UNIT
DEVELOPMENT," along with approval of a
wetlands permit to allow construction of a
new pumphouse fifteen feet from Roger's
Lake as proposed by the applicant.
Councilmember Hartmann seconded the motion.
CASE NO. 89-36, EAGAN Mayor Mertensotto opened the meeting for
POOL AND SPA the purpose of a public hearing on an
application from Eagan Pool and Spa for a
Critical Area variance.
Mr. Ross Erickson, of Eagan Pool and Spa,
was present to request approval of a
critical area setback variance to allow
installation of a spa twenty feet from the
bluffline at 1755 Lexington Avenue.
Mayor Mertensotto pointed out that the
original application included a swimming
pool and that the application has been
amended to delete the pool.
^ Page No . 2 6�5
December 6, 1989
Mr. Erickson stated that there will be no
enclosure around the spa, but there will be
a wood deck. There is no current plan to
enclose the spa - the owners plan to do
some work on their home, including a raised
deck, and to drop the spa into the deck.
Councilmember Anderson asked if the
applicant proposes to link the drainage of
the jacuzzi and spa into the sanitary sewer
line.
Mr. Erickson stated that it is not proposed
to directly link into the sanitary line but
rather to install a spigot valve to the
laundry room. He stated that to directly
attach it to the sanitary line would be
very costly. He pointed out that he is
talking about 350 gallons of water in the
spa and that it is proposed to bring the
hose into the laundry room and drain into
the laundry tubs.
Councilmember Anderson stated that the
proposed plan is much better than the
original and he feels Council wants to work
with the applicants, but that if drainage
isn't directly hooked into the sanitary
sewer line, the residents below the
property will have no assurance that the
water will go into the laundry tubs. He
pointed out that Council is concerned over
the integrity of the bluffline and stated
that he is very much in favor of the
proviso of the Planning Commission that the
spa be linked into the sanitary system.
Mr. Erickson asked whether he could instead
dig a five square foot pit for drainage and
fill it with rock. He estimated that it
would cost about $3,500 to tie the system
into the sanitary line.
Councilmember Blesener stated that she has
a concern about requiring the expense to
hook into the sanitary system when anyone
could be given the right to build a deck
and at any later date they could put a spa
on it. She felt that 350 gallons of water
three times a year is insignificant.
Councilmember Anderson felt that Mr.
Erickson's estimate is very high. He
stated that if the residence were not
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Page No. 26� ,
Decemb�r 6x ,1989
already sitting on the bluff there would be
sufficient room for the spa. He felt that
requiring the condition is appropriate. He
also felt that Mr. Erickson's proposal for
drainage is exactly what the neighbors
downhill are concerned about. He expressed
concern about the bluff, erosion and heavy
rains, and also whether the proposed
drainage would be consistently used.
Mr. Erickson responded that he would
install a permanent pipe from the rock pit
to the facility. Responding to a question
from Councilmember Anderson, he stated that
the proposed spa would be about 20 feet
from the bluff.
Councilmember Anderson pointed out that the
applicants are asking for a 20 foot
variance, and that Council's concern is
that the integrity of the bluffline is
adequately protected. He did not feel that
Mr. Erickson's proposal would provide
adequate protection. He stated that while
cost of connecting to the sanitary system
is a factor and he is sympathetic, he felt
that if Council makes the requirement as a
condition of approval, Mr. Erickson could
try to get a better bid for the work.
Mr. Erickson responded that he feels a
backwash would accomplish what is necessary
and that connection to the sewer is not
necessary. He further stated that if
Council made the requirement he would do
it.
Mayor Mertensotto asked for questions and
comments from the audience.
Mr. Henry Christian, president of the
Lexington Court Townhouse Association, 1775
South Lexington, stated that he has not
seen the plans, but he is concerned over
disposal of water.
Mr. Bob Dahm, Southview Design, stated that
he has been involved in the project since
its start and that he believes the
discussion is overkill for the scale and
scope of the project. He stated that the
property owners could have gone to a store
and bought a portable spa and installed it.
He informed Council that the spa is a 7 by
Page No . � 6��
December 6, 1989
7 foot octagon, and asked if the City has
controls over portable spas and where they
must drain.
Councilmember Anderson stated that with the
privilege of living on the bluff come some
responsibilities, including a 40 foot
setback. The applicant is asking to cut
the setback in half to allow a permanent
implant and is not willing to agree to the
only control recommended by the Planning
commission.
There being no further questions or
comments from the audience, Councilmember
Anderson moved that the hearing be closed.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
Councilmember Anderson moved to approve a
20 foot critical area setback variance for
the deck and 22.5 foot variance for the spa
conditioned upon the applicant directly
linking the drainage permanently to the
sanitary sewer system already in place on
the property.
Councilmember Hartmann seconded the motion.
Ayes: 3
Nays: 2 Blesener
Cummins
HAZARDOUS MATERIALS Fire Chief Maczko was present to discuss a
proposed joint powers agreement for
hazardous materials response.
Mayor Mertensotto stated that his only
concern over the proposed agreement is that
the City would be locked in for five years,
and further, that he would prefer a three
year commitment.
Chief Maczko responded that the whole
purpose of the agreement is to involve the
Councils of the communities. He stated
that he needs Council comments for the
County Attorney by December 8th and that
the committee which worked on the agreement
proposed five years because of start up
costs. He stated that he would like to
establish that Council agrees in concept
with the proposal.
Mayor Mertensotto stated that there should
be a cap on costs that a City could be
Page No . : 3 6�� .
December 6, -1989
assessed under the agreement - a"not to
exceed" figure for each year.
Councilmember Anderson noted that the costs
are so well defined it should be fairly
easy to put_a cap on the commitment.
City Attorney Hart suggested that the
termination provision could be broadened a
little, and that there should be a clearer
definition of the mission, or what the
response team does.
Councilmember Anderson asked whether it is
clear that this type of response team meets
legislative dictates. Chief Maczko
responded that the way the agreement was
written, if state funding becomes available
the team that is formed under the agreement
may become the regional response team.
It was the consensus of Council to support
the concept.
SQUAD CARS On the recommendation of Police Chief
Delmont, Councilmember Cummins moved to
authorize the Police Department to retain a
used squad car for use as an unmarked car
and to spend up to $1,000 to paint and
equip the vehicle.
Councilmember Blesener seconded the motion.
Ayes: 5 -
Nays: 0
ADJOURN There being no further business to come
, before the Council, Councilmember Hartmann
moved that the meeting be adjourned to a
closed session on labor negotiations.
Councilmember Anderson seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 10:41 o'clock P.M.
Kathleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor
a
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
ON NOVEMBER 21, 1989
,
Excavating License
Ostertag Cement
Gas Piping License
Paragon Heating & Air Conditioning
General Contractors Licenses
Automatic Garage Door Co.
B.A. John Construction
Northern Classic Homes, Inc.
Professional Painting & Finishing By Dan
S.E. Hanson, Inc.
Thomas McGowan Construction, Inc.
�
Page No. 2659
December 19 � lggg
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 19, 1989
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, Cummins, and Hartmann. Councilmember
Blesener had notified the Council that she would be out of town.
AGENDA ADOPTION
Ayes: 4
Nays: 0
Councilmember Hartmann moved adoption of
the revised agenda for the meeting.
Councilmember Cummins seconded the motion.
APPROVAL OF MINUTES Councilmember Hartmann moved approval of
the minutes of the November 21st adjourned
meeting.
Councilmember Anderson seconded the motion.
Ayes: 4
Nays: 0
Councilmember Hartmann moved approval of
the minutes of the November 21st regular
meeting.
Councilmember Cummins seconded the motion.
Ayes: 4
Nays : 0
CONSENT CALENDAR Councilmember Cummins moved approval of the
consent calendar for the meeting along with
authorization for execution of any
necessary documents contained therein.
a. Acknowledgment of the Fire Department
monthly reports for October and .
November.
b. Acknowledgment of the Treasurer's
monthly report for November. ,
c. Authorization of the purchase of
computer equipment for the Fire
Department described in a memo from the
Fire Chief dated December 14, 1989 in
the amount of $7,057.90.
.�
Page No. 2660
December 19, 1989
d. Adoption of Resolution No. 89-137,
�'RESOLUTION CERTIFYING DELINQUENT
SANITARY SEWER RENTAL CHARGES TO THE
DAKOTA COUNTY AUDITOR FOR COLLECTION
WITH REAL ESTATE TAXES."
e. Approval of the List of Contractor
Licenses dated December 19, 1989 and
attached hereto.
f. Approval of the List of Claims dated
December 19, 1989 and totalling
$205,195.05.
Councilmember Hartmann seconded the motion.
Ayes: 4
Nays: 0
HEARING - DODGE NATURE At the request of the applicant,
CENTER Councilmember Cummins moved that
hearing on Dodge Nature Center's
application for conditional use
_ continued to January 16, 1990.
Councilmember Hartmann seconded
Ayes: 4
Nays: 0
the
permit be
the motion.
DUFFY DEVELOPMENT Mr. John Duffy was present to discuss
issues relating to the proposed development
of the Curley property. He stated that Mr.
Tom Curley would like to know what the
purpose of bringing the Ethan Allen
property into the development (rezoning)
would be, and that Mr. Curley wants to
leave that zoning as it is.
Mayor Mertensotto responded that this has
been one of the concerns for over six
months, and that the Ethan Allen property
will be used for parking for the new
development.
Councilmember Cummins stated that the
purpose of rezoning is to create some
consistent development in the area, and
since Mr. Curley owns both properties it
makes sense to rezone so that any future
development would be consistent with the
current Duffy proposal.
Councilmember Anderson pointed out that the
two parcels were always looked at as a
unified whole by the Planning Commission.
�
Page No. 2661
December 19� lggg
Councilmember Hartmann stated that the
concern is for unified zoning and that it
does not`make sense to have split zoning.
Mr. Duffy informed council that he will
make application for rezoning, he just
wanted to know the rationale. He also
stated that the second issue Mr. Curley is
concerned over is a three-year moratorium
on the residential lots.
Mayor Mertensotto responded that he is
concerned that the wall and evergreens will
be taken out, but at least Council can
require that the wall and trees can not
come out until at least the new plantings
have been in for three years to provide
some screening. Once the wall is gone, the
residential area will be impacted in terms
of traffic and view.
Councilmember Cummins stated that he felt
the requirement was not necessary because
he did not think it was a reasonable
restriction. He felt that a one-year
restriction would be appropriate, provided
that the City has the opportunity to
inspect the berm to make sure adequate
screening and berming has been
accomplished.
Councilmember Hartmann asked whether it is
possible to move the existing evergreens
and make them a part of a berm. Mr. Duffy
stated that he has considered this but that
no landscaper will guarantee that, because
of their size, the trees will live or will
not fall down in heavy winds. He asked for
consideration to be given to installing
larger trees so that there is a heavier
screen from day one.
Councilmember Anderson responded that he
feels Council would be more comfortable
with retaining the three-year moratorium
condition and reconsidering the condition
if the developer provides a better screen.
He pointed out that Council must protect
all interests, and that the neighbors are
giving up a great deal.
With respect to the developers' agreement,
Mr. Duffy stated that he is concerned that
the developer is required to sign the
r�
Page No. 2662
December 19 , 1989
document, pay necessary fees, do drawings,
etc., but the City reserves the right to
back out . He stated that he is trying to
avoid substantial cost and because the
Council can change its mind. He further
stated that he hopes the City will try to
settle with SOS so that he doesn't get to
far out on a financial limb.
Mayor Mertensotto informed Mr. Duffy that
the City will not sign with SOS until it
has a signed developers' agreement. He
asked Mr. Duffy about financing.
Mr. Duffy responded that ordinarily
financing would not be a problem but that
financing has changed a lot in the last few
months and it will be harder to arrange
now. He stated that he would hope that the
City will sign an agreement with SOS
contingent upon financing.
With respect to a question from Mayor
Mertensotto on SuperAmerica, Mr. Duffy
stated that they have many things going on
and cannot be a part of the project now.
He stated that he is dealing with 6 or 7
other companies.
Attorney Hart stated that the provision Mr.
Duffy is referring to is intended to serve
the needs of both parties. With respect to
SOS, the City must have information on
environmental issues.
Councilmember Cummins informed Mr. Duffy
that once the developers' agreement is
signed, Council will work as expeditiously
as possible to reach an agreement with SOS.
Mr. Joe Schultz, from SOS, stated that he
does not want to enter into any agreement
until the developers have signed the
developers' agreement.
COMPREHENSIVE PLAN Council acknowledged and discussed a memo
from Acting Administrator Danielson
, ' recommending that Council request the
Metropolitan Council to grant a six month
time extension for any Comprehensive Plan
amendments that may be required as a result
of the 1988 Wastewater and Transportation
policy changes.
;�
Page No. 2663 -_ �
December 19 . 1989
Councilmember Cummins moved adoption of
Resolution No. 89-138, "RESOLUTION
REQUESTING A TIME EXTENSION FROM THE
METROPOLITAN COUNCIL FOR COMPREHENSIVE PLAN
CHANGES."
Councilmember Hartmann seconded the motion.
Ayes: 4
Nays: 0
CABLE TV Council acknowledged a memo from Acting
Administrator Danielson regarding a request
from NDC-4 that the City allow the cable
company to live broadcast a South St. Paul
City Council meeting on one of the January
Tuesdays on which Mendota Heights meetings
are live-broadcast.
Councilmember Hartmann moved to authorize
staff to communicate to Susan King of NDC-4
and the City of South St. Paul that Mendota
Heights will relinquish its live broadcast
on January 2, 1990.
Councilmember Anderson seconded the motion.
Ayes: 4
Nays: 0
PERSONNEL Council acknowledged a memo and proposed
resolutions from Acting Administrator
Danielson with respect to compensation and
benefits for non-organized employees for
1990. Council also discussed Public Works
negotiations, particularly with respect to
a request for clothing allowance increase.
Councilmember Hartmann moved adoption of
Resolution No. 89-139, "RESOLUTION AMENDING
PAY CLASSIFICATION SCHEDULE FOR NON-
ORGANIZED EMPLOYEES TO REFLECT A 4� ANNUAL
ADJUSTMENT FOR 1990."
Councilmember Anderson seconded the motion.
Ayes: 4
Nays: 0
Councilmember Cummins moved adoption of
Resolution No. 89-140, "RESOLUTION ADOPTING
A SCHEDULE OF COMPENSATION FOR CERTAIN
EMPLOYEES FOR 1990 AND ESTABLISHING CERTAIN
OTHER BENEFITS," including a$225 per month
contribution towards insurance premiums for
non-organized employees.
Councilmember Hartmann seconded the motion.
Ayes: 4
Nays: 0
CITY ADMINISTRATOR Mayor Mertensotto introduced Mr. M. Thomas
r
Page No. 2664 "
December 19 , 1989
APPOINTMENT Lawell to the audience, and informed the
audience that action now before Council is
the appointment of Mr. Lawell as City
Administrator. He then read a letter from
Councilmember Blesener expressing that she
is fully in consent with the appointment of
Mr. Lawell as City Administrator.
Ayes: 4
Nays: 0
PARK COMMISSION
Ayes: 4
Nays: 0
Councilmember Hartman
Resolution No. 89-141,
ENTERING AN EMPLOYMENT
THOMAS LAWELL FOR THE
POSITION."
Councilmember Anderson
n moved adoption of
"A RESOLUTION
AGREEMENT WITH M.
CITY ADMINISTRATOR'S
seconded the motion.
Council acknowledged a letter from Mr. Bill
Owens in resignation from the Park and
Recreation Commission.
Councilmember Cummins moved to accept the
resignation of Mr. William Owens from the
Park and Recreation Commission and to
commend him for his service to the
community, and to appoint Stephen Hunter to
the remainder of Mr. Owens' unexpired term
on the Commission.
Councilmember Anderson seconded the motion.
AIR NOISE MONITORS Council acknowledged and discussed a memo
from Administrative Assistant Batchelder
regarding the proposed aircraft noise
monitoring system and placement of monitors
in Mendota Heights. Mr. Batchelder
informed Council that the monitoring grid
was prepared by Steve Vecchi of the MAC and
was given to City staff at a recent meeting
with northern Dakota County cities.
Mayor Mertensotto suggested that if the
City wants to get the landing noise as a
cumulative factor, a permanent monitor
should be located in the Furlong Addition.
He suggested that staff consult with Bob
Collette and Dave Braslau on the
appropriate locations of the permanent and
temporary monitors before taking a position
on their placement.
It was Council consensus to consult with
Mr. Braslau and Mr. Collette to see if they
r
:�
Page No. 2665 _°G= `.
December 19 , 1989
concur with the MAC expert's locations, and
to direct staff to notify MAC at its next
meeting'that the City is conferring with
its noise experts.
Mr. Batchelder informed Council that Mr.
Vecchi has volunteered to meet with the
City's air noise committee to explain the
noise monitoring system. Mr. Batchelder
was directed to set up a meeting at City
Hall with the MAC consultants and
representatives from the Dakota County
communities.
LABOR NEGOTIATIONS It was the consensus of Council that
Council would only reluctantly approve the
requested increase in Public Works uniform
allowance to avoid a strike, and to direct
the Acting Administrator to negotiate with
the group, reminding them that Council has
consented to an additional $10 per month in
insurance contribution.
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: 4
Nays: 0
- TIME OF ADJOURNMENT: 8:25 o'clock P.M.
ATTEST:
Charles E. Mertensotto
Mayor
Kathleen M. Swanson
City Clerk
r�
"'
LIST OF CONTRA,CTORS TO BE APPROVED BY CITY COUNCIL
ON DECEMBER 19, 1989
General Contractors License
Henjum & Hayes, Ine.
�n License
DeMars Signs
CITY OF MENDOTA HEIGHTS
PLANNING COMMISSION
MINUTES, NOVEMBER 28, 1989
The regular meeting of the Mendota Heights Planning
Commission was held on Tuesday, November 28, 1989, in the
City Hall Council Chambers, 1101 Victoria Curve. Chairman
Morson called the meeting to order at 7:34 o'clock P.M. The
following members were �resent: Morson, Koll, Dwyer,
Krebsbach, Duggan and Tilsen. Also present were Acting City
Administrator James Danielson, Tim Malloy, Planning
Consultant and Administrative Assistant Kevin Batchelder.
APPROVAL OF Commissioner Krebsbach moved approval of the
MINUTES minutes from October 24, 1989, with
corrections.
Commissioner Tilsen seconded the motion.
AYES: 6
NAYS: 0
CASE NO. 89-43 Ms. Lois Rockney, Director of Business
ISD #197 - CUP Affairs for Independent School District 197
FOR BASEBALL and Mr. Dean Verdoes, Assistant Principal
FIELD IMPROVEM. and Athletic Director of Henry Sibley Senior
(HEARING) High School, were present to discuss their
request for a CUP for proposed batting cages
and dugouts by the baseball fields at Henry
Sibley Senior High School. Ms. Rockney
stated that the proposed batting cages and
dugouts will be located south of the school,
north of Highway 110 and east of Warrior
Drive. She stated that the School District
feels that these additions are needed for
the safety of the students participating in
the program and to make the program better
for those students.
In response to a question from Chairman
Morson regarding the setbacks of the
proposed structures, Ms. Rockney stated that
the setback requirements would be met. She
further submitted pictures to the Commission
showing batting cages and dugouts that
Simley Senior High School located in Inver
Grove Heights presently uses. She explained
that the pro�osed structures would be using
the same design and materials that Simley
High School uses.
Ms. Rockney stated that the dugouts would be
Page 2
November 28, 1989
concrete block and that the batting cages
would be a fence structure. Mr. Verdoes
added that the roof would be a wood frame.
In response to a question from Commissioner
Krebsbach regarding the design of the
structure, Ms. Rockney stated that the
design was a standard design for an above.
ground dugout.
Mr. Verdoes stated that this particular
facility would be used during April 1st
through the summer months. He stated that
the proposed structure would be a very
strong structure since it will be in an
unsupervised location. Mr. Verdoes stated
that the dugouts would be used by an entire
baseball team, around 20 to 25 people per
team. He explained that the batting cages
would be used only by two hitters and two
pitchers at one time. He further stated
that this particular batting cage will be
identical to the ones that the other schools
in their conference will be using starting
this school year.
In response to a question regarding whether
the School District discussed or considered
other locations for the proposed structures,
Ms. Rockney stated that the batting cages
and dugouts would have to be placed by the
baseball fields.
Commissioner Krebsbach asked whether
landscaping could be done behind the dugouts
and Ms. Rockne� stated that it would be
right in the middle of the other fields and
that it would be pretty difficult to do
that. Ms. Rockney stated that at this point
in time, the School has no plans for
landscaping along Warrior Drive. She
further stated they could look into that
possibility.
In response to a question from Commissioner
Duggan, Mr. Verdoes stated that there will
be two dugouts, one on each side of the
field. He stated that both dugouts would be
above ground. Ms. Rockney stated that they
don't anticipate beginning the project until
next Spring.
Page 3
November 28, 1989
Commissioner Tilsen commented that the
landscaping idea along Warrior Drive was a
valid point. He questioned whether the City
may be interested in sharing the costs for
the trees.
In response to a question from Commissioner
Duggan, Ms. Rockney stated that the reason
why they are proposing an above ground
dugout was that the potential for injuries
is limited and that there is a drainage
problem in that area.
Commissioner Dwyer commented that the
batting cage is a big structure and that it
is ugly. He further commented that this
structure is needed so that the School
District can be competitive with the other
Schools in the conference.
Commissioner Koll stated that she is
concerned about the aesthetics. She
questioned whether the brick could be dark
like the school brick. She stated that it
would coordinate or blend in with the
architectural image of the school. Ms.
Rockney responded that the district could
look into that possibility.
In response to a question from Chairman
Morson, Mr. Verdoes stated that they do not
anticipate electricity for the two dugouts.
He further stated that they do anticipate
electricity for the batting cage for the
pitching machines that would be run inside
the nets.
Chairman Morson expressed concern about
vandalism. He questioned how the
possibility of graffiti would be handled.
Ms. Rockney stated that she didn't know if
the possibility of graffiti could be
avoided. She further stated that the
cleaning of graffiti could be painted over
as soon as possible. She stated that the
material is not glazed. She stated that
they could look into using material that is
glazed.
Mr. Richard Bjorklund, developer of the
property west of Warrior Drive, asked if
AYES: 6
NAYS: 0
Page 4
November 28, 1989
there are going to be lights at the fields
and that he had some reservations about the
parking problem. He stated that during the
summer months, people are parking up on the
two cul-de-sacs. He wondered if that
situation is going to increase. He also
wondered if the school district has parking
lots available for these people using the
fields. He stated that it is a nuisance
to the residents living west of Warrior
Drive.
Ms. Rockney stated that there would be no
lights. She further stated that there are
parking lots available on the north side and
that they do not have any plans to put
a parking lot on the south side.
Mr. Bjorklund stated that years ago when
purchased the property from the school
district that there would be ballfields
there and that he can't change program.
stated that he just wanted to alert the
that there could be parking problems in
future.
Commissioner Duggan moved to close the
public hearing.
Commissioner Koll seconded the motion.
he
He
City
the
Commissioner Koll moved to recommend to the
City Council that they approve construction
for the dugouts as rec�uested with the
condition of looking into a type of material
that might be graffiti proof or perhaps
matching brick to alleviate the type of
visual impact.
Ms. Rockney stated that they could look into
how close they could come to matching the
brick. She stated that the brick used to
build the school is no longer available.
She stated that they would come as close as
possible to matching the brick.
Commissioner Krebsbach added a friendly
amendment to the motion that an effort be
made to landscape�along Warrior Drive.
Page 5
November 28, 1989
Commissioner Duggan seconded the motion.
AYES: 6
NAYS: 0
CASE NO. 89-35: Bob Dahm, Southview Design and Construction,
EAGAN POOL & SPA was present to review a request for a CAO
CAO VARIANCE Variance from Mr. and Mrs. Hall. He stated
(HEARING) that based on input of the Commission, the
designers and the homeowners, the homeowners
have decided to drop the request to build a
pool and proceed with a request to install
an octagon spa. He explained that the spa
is thirty-six inches (36') deep, about eight
feet (8') across and would be partially
elevated and partially in the ground. He
explained that there would be cedar spa
steps and deck around the spa. He further
ex�lained that they would remove the
existing concrete patio and replace it with
a brick paver patio. He stated that a small
amount of landscape and low voltage lighting
would be installed. He stated that their
� request for a variance of about twenty feet
(20') in the Critical Area Ordinance.
Commissioner Tilsen stated that from the
minutes, of the first meeting in Se�tember
when the plans were originally submitted, it
was stated by Mr. Dahm that the edge of the
bluff was from the end of the lanon wall -
twenty feet (20') from the corner of the
house was 27-28feet from the lip of the
bluff and 18' from the sunroom. He stated
that agrees with what is on the site plan
but that it doesn't agree with what is on
the latest plan. He stated that what he
measures on the new plan is that now we are
not looking at a 20' variance but a 38'
variance.
Mr. Dahm stated that the brick paver patio
is not a structure and the he doesn't
believe that the brick paver patio needs a
variance. He stated that as he understood
it that the spa is the structure that they
are requesting a variance for. He explained
that he was told that the patio was not
considered a structure and that he was told
it didn't need a variance.
Page 6
November 28, 1989
In response to a question from Chairman
Morson, Tim Malloy, Planning Consultant,
stated that as he reads the ordinance, he
would not consider the excavation or the
patio pavers themselves as a structure. He
stated that it was determined that because
there was some excavation for the spa and
that there are some steps, etc. it was
concluded that it would be considered a
structure.
Commissioner Tilsen questioned if the spa
will be draining into the sanitary sewer
system or directly into the ground. Mr.
Ross Erickson, Eagan Pool and Spa, explained
that a hole would be dug into the ground and
filled with rock. He explained that when
the spa is drained, the water will not
coagulate on the ground nor will it go out
over the bluff line. He stated that the
water will disperse into the ground. He
stated that he doesn't feel that it will
cause any hazards as far as water causing
the neighbors problems.
Commissioner Duggan questioned whether there
would be a gazebo type structure constructed
over the spa. Mr. Erickson stated that the
spa will be elevated about fifteen inches
(15") out of the ground and that a wood deck
would be constructed around the spa. He
stated that at no point in previous
discussions was a gazebo considered.
Chairman Morson confirmed with Mr. Erickson
and Mr. Dahm that what they are requesting
is an additional four feet (4') from their
existing house regardless of where the
bluffline is. Mr. Dahm agreed with
Chairman Morson.
Mr. Dahm explained that the spa extends four
feet (4'). He explained that the Hall's did
not want the spa and spa steps centered
exactly in their window space and that it
is off centered a little bit. He stated
that they wanted to keep a fairly clear
visual effect.
Commissioner Krebsbach questioned if there
was ever a variance granted for the porch.
Page 7
November 28, 1989
Mr. Dahm explained that the porch has been
there for thirty (30) years. Commissioner
Tilsen responded that the porch was built
before the Critical Area Ordinance was in
effect.
Commissioner Krebsbach questioned if there
would be a drainage problem created by the
hard surface being so close to the
bluffline. Mr. Dahm explained that the
majority of the run off will occur on the
surface. He stated that it will drain
through this system. Commissioner Krebsbach
then questioned where the drainage would go.
Mr. Dahm stated that the drainage would
occur on their land.
In response to a question from Commissioner
Tilsen, Mr. Erickson stated that the spa
would be drained about four (4) times a
year. Mr. Erickson stated that the existing
patio will be removed and replaced by a
brick paver patio with a sand base. He
stated that will become more of a less
impervious surface.
Mr. Dahm stated that he doesn't feel that
the current plan is significantly altering
the existing condition.
Commissioner Dwyer commented that this plan
is a responsible compromise. Commissioner
Koll then commented that the Commission
commends the Hall's on their repeal of their
initial want and the compromise that they
have come up with. Mr. Erickson stated that
he would relay that information to the
Hall's.
Mr. Mike Corbet, 1132 Sibley Memorial
Highway, stated that he lives right below
the Hall's. He stated that he is very
concerned about run off. He stated that
during the super storm their home was
flooded badly and since then they seem to be
getting flooded more and more. He stated
that the vegetation is dying in that area.
He stated that their home is not that far
away.
Mr. Corbet questioned if there are chemicals
AYES: 6
NAYS: 0
Page 8
November 28, 1989
in the spa. Mr. Erickson responded that the
chemicals would go down below surface
levels. Mr. Corbet responded that the
chemicals will drain through the bluff and
that it will go right into the existing
vegetation.
Chairman Morson asked if there is sanitary
sewer at this house and if the spa could be
drained into the sanitary sewer system. Mr.
Erickson stated that there is sanitary sewer
at the home and that it could be an option
to drain the spa into the sanitary sewer
system.
In response to a question from Chairman
Morson, Acting City Administrator Danielson
stated that there are no City Ordinances
restricting drainage of spas into the
sanitary sewer system.
In response to a question from Commissioner
Dwyer, Mr. Erickson stated that the spa
holds about 400 gallons of water.
Chairman Morson stated that he is concerned
about the water draining out to the slope.
He stated that he is concerned about the
chemicals and that he would like to see the
approval of this plan with a condition that
the spa be drained into the sanitary sewer
system.
Mr. Erickson stated that it is very low
doses of chemicals and that he couldn't
believe that it would leach into the
bluffline and kill the vegetation.
Mr. Corbet further described the amount of
erosion that has occurred down the bluff.
Commissioner Dywer moved to close the
public hearing.
Commissioner Duggan seconded the motion.
Commissioner Koll questioned how many inches
or feet for the chemicals to be eliminated
from the water. Mr. Erickson wasn't unable
Page 9
November 28, 1989
to answer the question.
Commissioner Dwyer moved to recommend to the
City Council that a twenty foot (20')
setback from the bluffline (or an extension
for the spa of four feet (4') from the
existing home), variance to the Critical
Area Ordinance be granted with the condition
that the drainage system be tied into the
existing sanitary sewer system.
Commissioner Duggan seconded the motion.
AYES: 5
NAYS: 1, Tilsen
CASE NO. 89-34 Commissioner Duggan moved to continue the
MINNESOTA'S IN- public hearing to the January 23, 1990
DOOR SOCCER & Planninc� Commission meeting at 8:00 P.M.
TRAINING COMP. - Commissioner Dwyer seconded the motion.
AMEND. TO ZONING .
ORD. & CUP
( HEARING )
AYES: 6
NAYS: 0
CASE NO. 89-40 Mr. Richard Fr�e, 1845 Hunter Lane, was
FRYE, RICHARD - present to review his rec�uest for a variance
CAO VARIANCE to the Critical Area Ordinance to construct
(HEARING) a two story addition to his home. He stated
that he and his family have resided in
Mendota Heights for 31 years. He further
commented that he owns his property on
Hunter Lane down to Highway 13.
Chairman Morson questioned Mr. Frye on how
he feels and what would �ustify that extent
of a structure that far into the setback in
the Critical Area. Mr. Frye stated that he
wants to extend the continuation of the
south wall of his basement to a point 41
feet to the west and turn north and go 31
feet and then back to the property. He
stated realistically that it would be eight
feet (8') from the bluffline.
Mr. Frye stated that there are a number of
trees on his property both to the west and
angling off to the north that give him a
very low profile house. He stated that the
Page 10
November 28, 1989
thirty-two foot (32') variance is only at
that point. He stated that it will not be
necessary to build a retaining wall and that
there is no need to eliminate any trees. He
stated that they will not disturb the trees
and shrub growth. He stated that there is
no chance for an erosion problem. He
further stated that the southern area will
not be disturbed. He stated that this
proposed addition really does not affect the
main part of the Critical Area that the
Ordinance is trying to protect. He further
commented that there is no buildings to the
south except for the two buildings that Paul
Katz has put up in recent years. He stated
that he has been a protector of the bluff
for a long time.
Mr. Ralph Woodlyn, Scandinavian Homes,
builder for the Fryes, stated that the peak
of the roof would be about twenty-four feet
(24'). He stated that the addition would be
no higher than the existing home.
Chairman Morson, noting on the survey
submitted, questioned that there are three
(3) retaining walls shown on the survey. He
stated that the retaining walls seem to
cross the property line. He asked who owns
the retaining walls. Mr. Frye responded
that the walls were built by his neighbor,
Paul Katz. He stated that they extend onto
his property eight to nine feet (8'- 9').
In response to a question from Mr. Frye,
Chairman Morson stated that applying to the
same principal as the previous matter on
tonight's agenda, stated that he scales his
house at the corner about seventeen feet
(17') from the bluffline. He stated that he
is not trying to establish where the
bluffline is. He further stated that he
scaled the corner of the building over to
the addition to be three feet (3'). He
stated that that would be a fourteen foot
(14') difference. Mr. Frye commented that
the drawinc� is something that they have to
go by but in reality, it is something
different than that. Chairman Morson stated
that what he was trying to say was that the
Page 11
November 28, 1989
building line is fixed and if that
approximate line of the bluff is given as an
angle you can apply that angle, regardless
of how far it is, away from the building and
then measure the difference as he just
did and stated. -
Chairman Morson asked Mr. Frye if he has
considered building the pool without a
building over it. Mr. Frye responded that
he knows that one of the points in the
ordinance is that in some way you have to
show hardship. He stated that he thinks it
is hard to do that when you want to build an
indoor swimming pool. He explained that
presently he has an owner/operator business
that is operated about 8 1/2 months out of
the year (spring, summer, fall) and it is
impossible for them to use their summer
home. He stated that they have not used the
home in about five (5) years. He also
stated that they don't do a lot of
traveling. He stated that they decided that
they want a pool but an indoor pool that
they can use primarily during the winter
time. He stated that they will probably use
it more during the winter time than in the
summer time. He further commented that it
is a big structure and that it built that
way for two reasons. One is to protect
their westerly view of the skyline and
secondly the contractor has had success in
building pools without having moisture
problems and part of it is the amount of
cubic air, the volume within a room, will
contribute to proper circulation.
Commissioner Tilsen stated that he visited
the site and found the survey to be
accurate. He further stated that he liked
seeing the trees on the survey. He
questioned where the water will drain. Mr.
Frye answered that the water will be drained
into the sanitary sewer system.
Commissioner Tilsen stated that he would
really like to encourage that even if this
size of an addition was put on somehow away
in the front of the house. He stated that
it would be much less distracting to the
bluff line. He stated that their house is
Page 12
November 28, 1989
so far back that it would be hard to see the
addition from the road. He stated that he
would like to encourage that kind of
direction to be taken. He stated that he is
really opposed to going any closer to the
bluffline than the forty feet (40') which
was established. He stated that he would
like to see the Planning Commission not
encroach any more than what it already is.
Commissioner Duggan expressed his concern
about the obstruction of the neighbor's
view. He stated that he was unable to
review the site because he was out of town.
In response to a question from Commission
Krebsbach, Mr. Frye stated that the reason
why they are not putting the addition on in
front of their home is because there is no
place to attach the addition. He stated
that everything incorporated in the
basement with the walkout situation is the
appropriate means for their addition.
Commissioner Krebsbach stated that she
couldn't in good conscious approve something
that substantially block someone else's
view.
Mr. Frye responded that he had contacted
two out of the three neighbors. He stated
that he talked to John Troska and Rick
Marshall. He stated that both of those
people indicated that the addition would not
block or infringe on their visibility of the
scenic areas. Both neighbors have submitted
statements of support for Mr. Frye.
Commissioner Krebsbach asked if the people
adjacent to the Frye's home visibilit� would
be restricted. Mr. Frye stated that it
would be minimal or not restricted at all in
relation to the Katz's. Mr. Fr�e further
responded that the Katz's view is primarily
to the west and that it angles slightly to
the north.
Mr. Frye stated that a very small amount of
his house is in the forty foot (40')
setback. He stated that he would like to
see the same consideration given to him and
Page 13
November 28, 1989
that he feels that the addition will be a
very minor impact on the Critical Area. He
stated that he would like to be given the
same consideration that was c�iven to other
recent approvals variances like the Hunter's
or Cochranes and most recently the Katz's.
Mr. Eric Miller, Attorney for the Katz's,
stated that as a new resident of Mendota
Heights, having reviewed the Critical Area
Ordinance - it's a gem. He stated that the
Ordinance is clear, concise and it ought to
be enforced in this case. He stated that
the Katz's participated with the Frye's in
purchasing some land earlier this year. He
stated that the Commission approved the
subdivision for the purpose of preventinc�
the development and to continue the scenic
view of that area.
He further stated that the Katz's informed
him that any member of the Commission is
more than welcome to come over and stand in
the Katz's backyard to view the premises
that is in question. He stated that there
is a substantial view off to the south,
directly off of the back of the Frye's
house. He stated that the code that is
involved there, referring to the planning
report, clearly backs that up.
He stated that the encroachment is
substantial and that the ordinance should be
strictly enforced. He referred to the
planning case report submitted. He brouc�ht
to the Commission's attention a section in
the Critical Area Ordinance referred to as
section 5.4e regardinc� "proven hardship."
He stated that there isn't any evidence of
proven hardship to justify this kind of
encroachment. He asked the Commission to
deny this request for reasons sited in the
reports and because of a very good and
commendable Ordinance that ought to be
enforced.
Ms. Vicki Katz, neighbor to the Fr�e's,
reiterated that the Commission is invited to
come and stand in their backyard to see the
impact that the addition will have and to
also view it from inside their home. She
Page 14
November 28, 1989
stated that the Frye's house is already well
in front a major portion of their view. She
further commented that Mr. Frye never
approached them to review the plans of their
addition.
Mr. Frye apologized to Ms. Katz for not
approaching her regarding their addition.
He stated that when the people come and
stand in the Katz's backyard and look west
and look at the view they should also come
to our yard and look back and see that the
wall, gazebo, storage building all the three
walls that probably consist in a thirty foot
(30') height which is strictly against the
ordinance which is a man made keystone wall,
He stated that the Commission should come
and see what has been done to ruin the bluff
area. He asked why the Katz's were able to
build a gazebo out on the bluff when they
could have built it back toward the road.
Ms. Elizabeth Frye, daughter of Richard
Frye, stated that there aren't two people on
the bluff that really want to prevent any
kind of obstruction and want to blend in
more. She stated that everything has always
been made to blend in. She stated that they
have watched other people build on the
bluff. She stated that the Commission, as
representatives of the community, that
regardless of how this goes, should look at
how certain things get passed and how they
don't. She stated that if you walk along
the neighborhood, there seems to be
parenthetical ordinances that certain people
have to adhere to and certain others don't.
Chairman Morson asked if Mr. Frye would be
against continuing the hearing so that the
Commission could visit the properties in
question. Mr. Frye stated that he would
prefer to move on ahead and submit the
request to the Council. He stated that
postponing it will not solve the problem.
Mr. Rick Marshall, neighbor, stated that in
the future they too have plans to enclose a
swimming pool. He stated that their
neighbors to the north, Cochranes, Kurtz's
and the Hunter's, all must be within, at the
Page 15
November 28, 1989
most, thirty feet (30') of the bluff line.
Chairman Morson stated that there has been a
lot of structures that have been grand-
fathered into this Ordinance.
Mr. Frye then informed the Commission that
he would bring this topic up at a later
date. Chairman Morson stated that the
Commission wants to be fair in making a
recommendation to the Council. He stated
that he can't make a solid judgment based on
the complaint that the Katz's have made or
make a solid judgment based on your
described obstructions.
After a brief discussion, Commissioner
Duggan moved to continue the public hearing
to December 26, 1989 at 8:15 P.M.
Commissioner Koll seconded the motion.
AYES: 4
NAYS: 2, Tilsen
Dwyer
CASE NO. 89-42 Mr. John Carl, Vice President of Mendakota
MENDAKOTA COUNTRYCountry Club, made a presentation that
CLUB - WETLANDS included a halfwa� house that was an add on
PERMIT & CUP item to the planning application. Mr. Carl
(HEARING) stated that the halfway house would be
located in the vicinity of the new pumphouse
between the nineth and eleventh green. Mr.
Carl submitted plans specifying location of
the halfway house.
The Planning Commission queried Mr. Glen
Lentner regarding the pumphouse located next
to Roger's Lake. Mr. Lentner stated that
the new pumphouse which is slightly larger
to include new automatic equipment will be
located where the existing pumphouse is. He
also stated that both pumphouses are in the
center of the property and not near property
lines.
Commissioner Dwyer moved to close the public
hearing.
Commissioner Duggan seconded the motion.
AYES: 6
NAYS: 0
Page 16
November 28, 1989
Commissioner Duggan moved to recommend to
the City Council that they approve the
request for a CUP amendment for two new
pumphouses and a Wetlands Permit. He
further moved to recommend that the City
Council approve the halfway house presented
to the Commission, referred to as the plans
submitted dated i1-20-89 and signed by John
Carl, subject to staff review. Commissioner
Duggan stated for the record that there were
no members of the public present to speak on
this case.
Commissioner Dwyer seconded the motion.
AYES: 6
NAYS: 0
CASE NO. 89-44 Mr. Dave Dinger, C.L.T. Floor Coverings,
C.L.T. FLOOR Inc., presented his request for a sign
SIGN SETBACK setback variance and introduced Mr. Steve
VARIANCE Kurtz of Nordquist Signs. He stated that
the sign met with the approval of Dale
Glowa of United Properties who had reviewed
it regarding the requirements of United
Properties� sign policy.
Chairman Morson asked Mr. Dinger about the
number of customers showing up at the
business. Mr. Dinger stated that his •
business was a service company, not a retail
outlet. Chairman Morson asked him if the
sign was in the most appropriate location.
Mr. Dinger stated yes, because any other
location would be blocked by the pine trees.
Commissioner Koll recommended to the City
Council that a sign setback variance of
thirty two feet (32') be approved.
Commissioner Dwyer seconded the motion.
Commissioner Dugc�an stated that he must
abstain from voting because his wife is
associated with the business.
AYES: 5
NAYS: 0
ABSTAIN: � DUGGAN
VERBAL REVIEW Acting City Administrator Danielson briefly
reviewed Council actions with the Planning
Commission.
Page 17
November 28, 1989
ADJOURN The Planning Commission announced that they
would be meeting as a body at 10:00 A.M.,
Saturday, December 2, 1989, at Mr. Richard
Fr�e's house to review the objections of the
neighbor regarding CASE NO. 89-40. There
being no further business Commissioner Dwyer
• moved to adjourn the meeting at 10:05
o'clock P.M.
Commissioner Koll seconded the motion.
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary
CITY OF MENDOTA HEIGHTS
PLANNING COMMISSION
MINUTES, DECEMBER 26, 1989
The regular meeting of the Mendota Heights Planning
Commission was held on Tuesday, December 26, 1989, in the
City Hall Council Chambers, 1101 Victoria Curve. Chairman
Morson called the meeting to order at 7:35 o'clock P.M. The
following members were present: Morson, Dreelan, Duggan,
Koll and Krebsbach. Dwyer was excused and Tilsen absent.
Also �resent were Acting Cit� Administrator James Danielson,
Administrative Assistant Kevin Batchelder and Planning
Consultant Howard Dahlgren.
INTRODUCTION
OF NEW MEMBER
APPROVAL OF
MINUTES
AYES: 5
NAYS: 0
CASE NO.
SPANJERS
WETLANDS
AYES: 5
NAYS: 0
Chairman Morson welcomed new Planning
Commissioner, Carolyn Dreelan, to the
Planning Commission.
Commissioner Duggan moved approval of the
minutes of November 28th with corrections.
Commissioner Koll seconded the motion.
89-46 Mr. George Spanjers presented his father
- John's case for their Wetlands Permit. Mr.
PERMIT Spanjers stated that the existing house is
closer than the new additions are to the
Wetlands.
Chairman Morson stated that this was in
essence a grandfather action to bring the
existing house into conformance with the
Wetlands Ordinance to allow the construction
of the addition.
Commissioner Duggan moved to waive the �ublic
hearing and recommend to the City Council
that they grant a Wetlands Permit bringing
the existing dwelling into conformance and
allowing a fifty-eight foot (58') setback to
the Wetlands.
Commissioner Koll seconded the motion.
Page 2
December 26, 1989
CASE NO. 89-45 Mr. Brian Birch presented his request for a
BIRCH - subdivision. He stated that he had two
SUBDIVISION purposes in coming forward to the City for
(HEARING) this subdivision. He stated that what he
wished to do was enlarge Dr. Koepke's
pro�erty so that Dr. Koepke can build an
addition to his animal hospital and to
straighten his land with the exchange of the
triangular piece shown in drawing one.
Mr. Birch stated that the subdivision was
a simple transfer of land and that each party
was exchanging a trianc�ular piece. Mr. Birch
stated that he was asking for approval of a
subdivision to plat this land for transfer.
Chairman Morson stated that he had no problem
with the replatting. He asked Mr. Birch
about the variance for the setback to Dr.
Koepke's building that would be necessary if
this exchange of land took place. His
question for Mr. Birch was is this necessary
to shave off this triangular piece.
Mr. Birch responded that �es it was necessary
to exchange this small triangular piece. He
explained that the frontage of his remaining
property would be one hundred ten feet (110')
and that in order to utilize his property, he
needs this exchange as it straightens out the
property which is narrow. He stated that
this triangular piece would give him the
ability to utilize his property to its full
potential. Mr. Birch also stated that Dr.
Koepke's building had no windows or doors in
the back where it faces his remaining
property.
Chairman Morson stated that there was a
drainage question raised by staff in its
memo. He wanted to know if water accumulates
in the ponding area shown on the drawing.
Mr. Birch responded that yes the water ponds
there on occasion. Mr. Birch stated that he
has owned the land for approximately twenty
(20) years and as far as he knows there has
never been a problem with water accumulation
on this piece of land.
Chairman Morson stated that it is hard for
the City to decide on this drainage issue
Page 3
December 26, 1989
because there are no contours available with
the plans. He wanted to know from Mr. Birch,
that as you go east on the property where is
the drainage. Mr. Birch responded that he
has shown two foot (2') increments on a
drawing that he had with him at the meeting
to show the topography. Mr. Birch stated
that the land drains to the south and to the
east.
Chairman Morson asked if there was a need for
the pond as shown on the drawing. Mr. Birch
stated that it is aesthetic onl� and that he
thought it could be landscaped in an
attractive manner.
Commissioner Duc�gan asked the applicant what
is to be done with the land after the
subdivision. Mr. Birch stated that is not a
concern of his at the present time.
Commissioner Duggan asked where will Dr.
Koepke's exit and entrance be for the
addition. He stated that his concern was the
closeness of the entrance to Dodd Road.
Commissioner Duggan stated that the turn is
very close to Dodd Road and could be a
traffic problem. Mr. Birch responded that
he didn't believe this would pose a problem
because the entrance to the addition would be
far enough from the intersection that there
would be no problem with the turn radius.
Commissioner Krebsbach asked about the
Highway right-of-way and when that land could
be vacated. Chairman Morson asked is there
any news from the State Highway Department
about this issue. Planning Consultant Howard
Dahlgren responded that the Cit� did a study
of the right-of-way and the options involved
for handling the right-of-way five to six
years ago. Planner Dahlgren gave a brief
history of the right-of-way acquisition and
stated that when I-35E was built Dodd Road
was never upgraded as there was not a need
for duplicate highways. Planner Dahlgren
stated that the MnDot traffic study showed
Dodd Road would be less than 10,000 trips per
day. He stated that MnDot felt that Dodd
Road should be left alone and not realigned.
Planner Dahlgren stated that, however
Page 4
December 26, 1989
development in Eac�an may change this
view point. In time traffic on Dodd Road may
dramatically increase. MnDot is still
thinking of releasing the right-of-way stated
Planner Dahlgren. Planner Dahlgren stated
that Mr. Birch would have a finer piece of
land if the land is released. He stated that
at this point you really can't plan the land
until it is released. Planner Dahlgren
stated that the land is zoned B-2 to the
center line so that if the land is turned
back you would have business on the west side
of a Dodd Road realignment and on the east
side you would have a low intensity use
zoning. ;
Planner Dahlgren stated to the Planning
Commission that the parcel you are creating
is too small as a single lot and therefore
must be an addition. If, however, the plat
is approved you may be approving the addition
that Dr. Koepke will be coming forward with.
Planner Dahlgren stated that he felt this
addition should go through its own
conditional use permit process.
Chairman Morson question Mr. Dahlgren about
the traffic on Freeway Road and the proposed
entrance along Freeway Road. Planner
Dahlgren responded that it would be better to
have the entrance to the addition off of
Freeway Road. There is potential for traffic
problems if the addition's entrance is used
on Dodd Road.
Chairman Morson stated that he felt questions
about the addition's entrance and other
factors regarding the addition are probably
questions more appro�riate for Dr. Koepke's
conditional use permit hearing.
Commissioner Koll stated that she had a
concern about the drainage. She asked the
questions who would have the responsibility
for excess water if it pooled in the area?
Commissioner Koll stated that this was a
concern of hers particularly when the
building and the parking lot create
additional drainage and runoff and take away
ability of the land to absorb water. Mr.
Birch responded that he has proposed on his
Page 5
December 26, 1989
plans that the City put in a culvert across
Freeway Road if it is needed.
Chairman Morson asked Acting City
Administrator Danielson; if this triangular
parcel, which is 10,622 square feet, is a
drainage problem. Mr. Danielson responded
that it is not a large problem, however, if
there is silt in with the storm water over
the years the ponding ability may decrease to
the point that excess water may accumulate to
the point that it may go across the road to
the north. Mr. Danielson stated that it is
our preference to have it go to the east.
Mr. Danielson stated that it is not a
significant problem.
Commissioner Duggan stated the road is eight
feet (8') above the property. Acting City
Administrator Danielson stated that the
amount of land draining into the area is
small and therefore the concern about
drainage is not significant. He stated
however, that there may be drainage onto
Freeway Road or podd Road if the ability of
the land to absorb the water is decreased by
silt build up.
Commissioner Koll asked if the water drains
to the west or to the east. Mr. Danielson
stated that the water should go east and then
under Highway 110 as it slopes south.
Mr. Birch stated that the City is using the
property to the east for a fill. He stated
that this should be in the comprehensive plan
for the entire area. Commissioner Koll
stated that she wished to raise her question
again, who has res�onsibilit� for the
drainage on the triangular piece if there is
a problem. Mr. Birch responded that it was
the City's fault for constructing the road
fifteen feet (15') onto his property. He
stated that the City made the road far above
the elevation of the lay of the land. He
stated that any water problems were created
when the City built this road and that this
road caused the drainage to across his
property.
Chairman Morson stated that the�plan that he
Page 6
December 26, 1989
had has two different legal descriptions. He
asked Mr. Birch which was the accurate one.
Mr. Birch stated that there was�a more
detailed legal description available and he
showed the Planning Commission which of the
legal descriptions he had provided was the
accurate one.
Chairman Morson stated that it was imperative
that a registered surve�or must do the
platting for a subdivision. Chairman Morson
asked if there was an}�one in the audience who
wished to speak to this subdivision issue.
'rhere was no one in the audience who wished
to address the Planning Commission.
Chairman Morson stated that now we should
consider item two of your agenda. That being
the plans that show the potential future
development including the right-of-way.
Mr. Birch gave an explanation of the options
of the land including the ric�ht-of-way,
potential zonings and potential developments.
Mr. Birch stated that he has written the
State a formal letter to reacquire his
property on a right-of-way give back. Mr.
Birch stated that at this point he wanted the
minutes to reflect that he is requesting that
the City reply in a formal letter to Mr.
Birch that the City tell him what the plans
are for the use of the property the City has
to the east of the right-of-way which they
are currently using for a fill. Mr. Birch
also stated that he wanted the minutes to
reflect that the Highway 110 frontage road is
built on his property.
Commissioner Duggan queried about the
potential of a new over-cross of Hic�hway 110
where the right-of-way exists. Chairman
Morson responded that it is probably not an
appropriate discussion matter for tonight's
meeting. Commissioner Duggan asked that if
the right-of-way give back doesn't happen
would Mr. Birch be comfortable with the slim
lot that is left of his propert�. Mr. Birch
responded that yes he has many ideas
depending on the zoning of the land.
Planning Consultant Howard Dahlgren stated
AYES: 5
NAYS: 0
Page 7
December 26, 1989
that his firm has done a study that suggests
that if the right-of-way is left alone, the
City would benefit greatly with an overpass
for cars and the bike path. He also stated
that this would also benefit the shopping
center to the south of Highway 110. Planner
Dahlgren stated that in the scenario it would
release a major portion of the right-of-way
but it would also put a nice road in for Mr.
Birch's property.
Planner Dahlgren also responded to Mr.
Birch's claim that the east side of the
right-of-way has the road on his property.
Planner Dahlgren stated that MnDot has this
land as a part of their right-of-way and this
is not a problem. Planner Dahlgren stated
for the applicant's information, that a
right-of-way give back is not really a give
back, that land must be bought back for a
price from the State of Minnesota. Planner
Dahlgren also stated that part of the right-
of-way may be kept for a local overpass. He
felt that the City would benefit greatly from
this overpass. Planner Dahlgren also stated
that he doesn't think single family
residential is the proper land use for this
parcel of land.
Commissioner Duggan moved to close the public
hearing.
Commissioner Dreelan seconded the motion.
Planning Consultant Dahlc�ren stated that
before the Planning Commission can recommend
approval on the variance it must be applied
for by the applicant. He also stated that
the use of the land Dr. Koepke's addition
would need a conditional use�permit and that
this should be processed on its own merits.
After some discussion Planner Dahlgren stated
that the Planning Commission can recommend
approval of the land division and the
variance but the conditional use permit can
and should be done at a latter Planning
Commission hearing. Planner Dahlgren stated
that there is no zoning involved here, that
Page 8
December 26, 1989
this is not a problem, however, he stated
that the planning application reflects that a
rezoning is considered. He stated that this
should be pointed out to the City Council
that this is not a rezoning matter before the
Planning Commission tonight.
Commissioner Koll asked Acting City
Administrator James Danielson if there was a
problem with drainage. Mr. Danielson
responded that there is some confusion over
the pondinc� in the drainage area and that the
major portion of the confusion was over who
should pay for it. He stated that the City's
past practice is to have the developer pa
for it or the land owner be assessed for it.
Commissioner Duggan moved to recommend
preliminary plat approval of drawing one
conditioned on having an update with an
official survey. He stated that the survey
should have two parts included in it. These
two parts should be :
1. That Dr. Koepke's new lot should be
shown as one lot with a proper legal
description; and
2. That Mr. Birch's remaining land be shown
as one lot on the survey with a proper legal
description.
Commission Duggan also moved that a proper
drainage plan be submitted with the final
plans showing contours so that the City
Council can �ro�erly address the drainage
issue. Commissioner Duggan also moved that
the fifteen foot (15') rear yard setback
variance be granted as a result of plat
approval.
Commissioner Krebsbach seconded the motion.
The Planning Commission stated for the record
that the drawing they were recommending
approval on were-the large drawing dated 11-
28-89 and drawing number one in the
application packet. The Planning Commission
also stated that the minutes should reflect
that the check off on the a�plication filed
by Mr. Birch shows a rezoning, however, they
want to make it clear that no rezoning is
AYES: 5
NAYS: 0
CASE NO. 89-34
MINNESOTA INDOOR
SOCCER & TRAIN.
AMEND. TO ZONING
ORD & CUP -
(HEARING)
AYES: 5
NAYS: 0
Page 9
December 26, 1989
considered at this time.
As a body, the Planning Commission added an
amendment to the motion stating that their
action tonight is only on the subdivision,
and that no action is taken on any rezoning.
Any action regarding a rezoning or future
subdivision of the right-of-way would have to
occur at a public hearing at a separate
Planning Commission meeting as a separate
application.
Chairman Morson stated that any other
discussion of the easterly property will be
at a later date as a separate planning
consideration.
Commissioner Krebsbach.questioned the
statute of limitations on an application
being sixty (60) days.
sixty (60) days.
Planner Dahlgren replied that in this case
that the applicant is requesting the tabling
and that the applicant has the right to do
that indefinitely.
=Commissioner Krebsbach moved to
public hearing until the January
Commission meeting.
Commissioner Duggan seconded the
continue the
Planning
motion.
CASE NO. 89-40 Ms. Amy Wadsworth, an Attorney representing
FRYE - CAO the Katz's (neighbors of the Frye's),
VARIANCE - requested that the meeting be continued
(HEARING) because the Katz's could not be present
tonic�ht. She stated that the Katz's had
submitted a letter to the Acting City
Administrator asking for this continuance.
Acting City Administrator Danielson responded
that he had received a letter. Mr. Danielson
, stated that the only person who can request a
continuance is the applicant themselves.
AYES: 5
NAYS: 0
Page 10
December 26, 1980
Ms. Wadsworth submitted an exhibit to the
Commission that shows a photo of the property
and the view.
Chairman Morson asked the Frye's if there was
anything to be added to their request. He
stated that they were ready to act on the
request tonight. Commissioner Duggan stated
that he was also prepared to act and he asked
if it would be acceptable to the Frye's to
continue until January. Mr. Frye stated that
he has no reason for wishing a continuance.
Commissioner Krebsbach asked how far the
footings are from the bluffline. Chairman
Morson responded that the building addition
extends forty-one feet (41') from the present
house.
Commissioner Koll moved to close the public
hearing.
Commissioner Krebsbach seconded the motion.
Commissioner Koll stated that there must be a
need to show hardship. Commissioner Koll
stated that this need should not be contrary
to the public interest. She stated that
after much deliberation she feels approving
the request is a violation of the intent of
the Critical Area Ordinance. She stated the
following reasons that support her intent to
deny the request for the variance. The
following reasons are stated in Ordinance 403
Section 2.5e, Section 2.5g, Section 4.1b and
Section 5.4 subsections a,b,c,d,e and g.
Section 2.5e
The development is consistent with the
reasonable preservation of the view of the
river corridor from other properties and by
the public and the walling off of views of
the river corridor.from other properties and
public right-of-ways has been minimized.
Section 2•5q
The development shall be located in such
a manner as to minimize the removal of
Page 11
December 26, 1989
vegetation and alteration of the natural
topography, however, in no case shall the
following standards be exceeded:
1. No building or structure shall be
located within forty (40) feet of the bluff
line.
2. No finished grades shall exceed a
slop of forty percent (40�).
Section 4.1b
Existinct Structures. Existing
structures the location, or the use of which
is inconsistent with this Ordinance or the
Critical Areas Designation Order shall not be
eligible for any permit granted by the City
for expansion, change of use, renewal of
existing permit, or building permit, unless
the following criteria are met:
b. Expansion of existing structures
shall be in the direction away from the river
front.
Section 5.4 - A,B,C,D,E and G
Variance Approval Standards. In
considering applic tia ons for variance under
this Ordinance, the Council shall consider
the advice and recommendations of the
Planning Commission and may grant variance
from the strict application of the �rovisions
of this Critical Area Overlay District
Ordinance and impose conditions and
safec�uards in the variances so granted,
provided the following additional criteria
shall be considered:
a. The conditions causing the hardship
are unique to that property.
b. The variance is proved necessary
in order to secure for the applicant the
right or rights that are enjoyed by other
owners in the same area of the district.�
c. The granting of the variance will
not be contrary to the public interest or
damaging to the rights of other persons or to
Page 12
December 26, 1989
property values in the neighborhood.
d. The granting of the variance will
not be contrary to the management policies of
the Critical Area.
e. No variance shall be granted simply
because there are no objections or because
those who do not object outnumber those who
do; nor for any other reason other than a
proven hardship.
g. The conditions which result in the
need for the variance were not created by
the applicants design solution. The
applicant shall have the burden of proof for
showing that no other reasonable design
solution exists.
Commissioner Koll moved to recommend to the
City Council that the request for Critical
Area Ordinance Variance be denied based on
her stated findings of fact.
Commissioner Krebsbach seconded the motion.
Commissioner Duggan wanted the record to
reflect that his specific objection is not
the obstruction to the neighbors, which he
feels is not significant, it is just that the
applicants are requesting to build too close
to the bluff line.
Commissioner Duggan stated that his main
objection is that it could not be redesigned
to be a little further back from the bluff.
Commissioner Koll submitted some photos of
both the Frye and Katz properties for the
public record.
AYES: 5
NAYS: 0
VERBAL REVIEW Acting City Administrator James Danielson
gave a verbal review to the Planning
Commission on City Council action on Planning
items.
Page 13
December 26, 1989
ADJOURNMENT Commissioner Dreelan moved to adjourn the
meeting at 9:10 o'clock P.M.
• Commissioner Koll seconded the motion.
AYES: 5
NAYS: 0
Respectfully submitted,
Kevin Batchelder
Administrative Assistant
�
CITY OF MENDOTA HEIGHTS
PARK AND RECREATION COMMISSION
MINUTES, DECEMBER 12, 1989
The regular meeting of the Mendota Heights Park and Recreation
Commission was held on Tuesday, December 12, 1989 in the City
Hall Conference Room, 1101 Victoria Curve. Commission Chair John
Huber called the meeting to order at 7:05 P.M. The following
members were present: Huber, Damberg, Katz, Kleinglass, Lundeen
and Spicer.• Absent: Owens. Staff inembers present were Parks
Project Manager Kullander and Administrative Assistant
Batchelder.
APPROVAL OF MINUTES
Commissioner Spicer moved to approve the
minutes of October 24 and November 14 Park
and Recreation meetings. Commissioner
Damberg seconded the motion.
AYES: 6
NAYS: 0
INTRODUCTION OF
NEW MEMBER Commission Chair John Huber introduced and
welcomed new member Steven Kleinglass to the
Park and Recreation Commission. He was
heartily welcomed by the group.
VERBAL UPDATE
Administrative Assistant Batchelder provided
the commission with a verbal update of the
progress of referendum issues including
Sibley High School site, Mendakota site,
Kensington site, Ivy Falls Townhome
Association, Somerset School. Batchelder
also updated the commission on the action
that Council took regarding Friendly Hills.
He stated that Council had ordered plans and
specifications prepared for Friendl� Hills
Storm Sewer. He stated that Council had
ordered the removal of play equipment from
Friendly Hills Tot Lot and that had been
accomplished by the Parks maintenance crew.
He stated that Council had called for a
public hearing with the Friendly Hills
neighborhood to consider the divestment of
the tot lot.
Parks Project Manager Kullander presented an
update on the progress of the trail desic�n
and some of the constraints with certain
sections of trail. Kullander stated that he
was contacting Dakota County about four
PRESENTATION BY
BARTON-ASCHMAN
sections of our trail system, those being
Delaware, Wachtler-Wentworth, Marie Avenue
and Lexington Avenue. He stated he was
seeking approval for trails along the County
roads and possible joint funding with the
County. Kullander stated he was exporing the
possibility of state funding by tying our
trails into a regional park trail system. He
stated that state trails have higher
standards such as a twelve foot width and
that we would have to balance the possible
funding with community needs.
Kullander stated that he would be prepared to
let bids in March for Victoria Hi�hlands and
Hagstrom-King �ark improvements which Barton-
Aschman is designing and that if any of the
big parks were available at that time the
attempt would be made to include these larger
sites into one bigger bid which would save
the City money.
Barry Warner, of Barton-Aschman, �was present
to give a briefing to the Commission on the
preliminary sketches that his firm had
completed on the landscapinc� designs for
Hagstrom-King Park, Victoria-Hic�hlands Park,
Rogers Lake Park and Friendly Hills Park. He
stated he was here to show the �reliminary
designs and to be provided direction by the
Commission on which types of landscape
options they would prefer. Warner stated
that bond issues are inherently difficult to
put in the ground because costs change,
designs face unforseen constraints and other
uncertainties involved in the bidding
process.
Hagstrom-King Park
Warner s owed�Fie schematics for Hagstrom-
King Park for the $14,800 allotted plus some
extras that had been specified. This
included a backstop, skinned field, grading
and seeding of the field, 3 park benches, 3
trash receptacles, 2 bike racks and a screen
of Black Hills spruce on the west side of the
park. One extra he mentioned would be
boulevard plantings along the east side and
along the road.
In response to a question, Mr. Warner
explained the bidding process. He stated
that alternates are included in case the bids
2
,�; Y
come in low. He stated that this would
enable the City to add items to a bid that
comes in low. Mr. Warner stated it was
important for the City to establish an extra
careful watering policy for the new trees the
first year. .
Victoria Hi hlands Park
Mr. Warner presen e the schematic for
Victoria Highlands Park. He demonstrated the
differences in the old design and the new
schematic. He stated the new schematic
included a bituminous trail (east to west)
and a softball field with backstop, benches,
and a graded and seeded field. The park also
had 3 benches, 2 trash receptacles, 2 bike
racks and landscaping. He stated the
landscaping provided screening and accenting.
A new play structure is included. He queried
the commission about the alignment of the
backstop so that it didn't look into the sun
or abutt the houses. The commission came to
consensus on the southeast corner for placing
the backstop.
Ro ers Lake Park
For t e 5,000, Mr. Warner recommended
landscaping between the tennis courts and the
parking. He also recommended dredging the
slough and wondered if the City maintenance
budget could accomplish this.
Friendly Hills Park
Mr. Warner presented a design for landscaping
the entrance. He stated that if the City
became involved in the Arbor Day festivities
that planting willows around the pond would
make the most sense. Three planting options
for around the sign included: (1) a geometric
design with color during three seasons
including bulbs of tulips and daffodils, (2)
native plant materials includinc� boulders,
ornamental grasses, webber junipers, and
wildflowers, (3) a four season color design
with spioreas, webber junipers. He stated
that number three was the most functional and
maintenance free. The Commission directed
Mr. Warner to pursue number three.
The Commission directed Kullander to pursue
this type of sign landscaping for each park.
Warner stated the cost would be about $2,000
apiece. The Commission asked for an
accounting of where the referendum stood in
3
COPPERFIELD POND
PLAY EQUIPMENT BIDS
regards to cost.
Mike Kampmeyer, a Copperfield resident, was
present to represent a group of Copperfield
residents who had contacted the City
regarding a neighbor who had been pumping
water from Copperfield Pond. He stated that
they had checked with the DNR who had said
that 10,000 gallons a day could be pumped.
Kampmeyer stated that the pond was about five
to six feet deep and that it was low due to
the drought. He stated it was more
susceptible to weeds now and that the weeds
had increased.
Commissioner Damberg stated that it was the
intent of the Parks and Recreation Commission
that all ponds in Mendota Heights, many of
them in or adjacent to parks, should be kept
as nice as possible. She stated that many
lots were advertised with the ponds as a
feature based on the aesthetic a�peal.
Commissioner Katz stated that an ordinance
may not be necessary to protect the ponds,
that City staff should pursue this
informally.
The Parks and Recreations Commission was
unanimous that it opposes private residents
using pond water and pumping it. They
requested that a formal statement be made in
the Heights Highlites to this effect. They
requested information on what can be placed
in the City's easements around the pond and
what actions the City can take to prevent
this.
Parks Project Manager stated that in addition
to removing the unsafe equipment at Friendly
Hills Tot Lot that the City's park
maintenance crews have been removing and
dismantling equipment deemed unsafe in the
other parks. He stated some of this
equipment would be reinstalled by the parks
crews after the newer ec�uipment is put in,
but that some .of the equipment is unsafe or
inappropriate and will not be reused.
Commissioner Damberg asked Kullander what
criteria the parks crew was using to
eliminate equipment, that she was under the
impression the equipment had been inspected
4
,�
�
FRIENDLY HILLS TOT
LOT PROCEEDS
1.
in the Spring. Kullander responded that the
equipment had gone through a maintenance
checklist inspection the Spring and that now
the equipment was being evaluated according
to the Consumer Guidelines for Play Equipment
and with the advice of the City's Risk
Manager.
Parks Project Manager Kullander presented the
play equipment proposals that the City had
received from five play equipment
contractors. He presented the options on the
possible materials and designs for play
equipment. He stated that durability should
be a main concern of the Commission, that it
should still be standing and functioning in
ten years. He advised getting references
form other communities that are using the
various brands.
Kullander described the specifications that
the City had requested in asking for
proposals. After discussin� the various
proposals the Commission decided that Earl
Anderson Company should be first considered
with Klein Company second priority. There
was a general discussion involving Barry
Warner, Guy Kullander and the Commission
about the bidding process and how to
negotiate the best play equipment bid for the
City. The Commission gave Kullander
direction to move forward with negotiations
with Earl Anderson Company and prepare to go
to City Council when negotiations are
finished.
Kullander stated that City Council had called
a public hearing with Friendly Hills
neighborhood to discuss the recommended
divestment of the tot lot. Council had
requested that the Park and Recreation
Commission draft a"wish list" of possible
uses of the proceeds if they are placed in
the Park Fund. Kullander presented options
and the Commission discussed the following
items:
Knock off the top of hill in Friendly Hills-
Park and build a picnic shelter.
2. Light poles need replacing around ice rink.
3. Bituminous trails.
4. Comfort station.
5. New, bigger wariming house.
5
AJOURN
6. Friendly Hills Storm Sewer to improve
ballfield.
7. Additional landscaping.
The Commission requested that Mr. Kullander
prepare a cost estimate of these items and
any other appropriate improvements and that
they would finalize the "wish list" at their
January meeting so that City Council would
have that information for their January 16th
hearing with the Friendly Hills neighbors.
There being no further business, the Parks
and Recreation Commission adjourned their
meeting until January 9, 1990 at 7 o'clock
P.M.
�
Respectfully submitted
Kevin Batchelder
Administrative Assistant
�
PLEDGED SECURITIES
JANUARY 1, 1990
C%iEROKEE STATE BANK
$300,004 U.S. Treasury Notes 8�
2aa,oao $ �j��
�.00, o00 � �/s�
DAKOTA COUNTY STATE BANK
$171,486
74,715
400,OOQ
LES:kkb
Cauntrywide Mtg. 7.9�
Countrywide Mtg. 7.95�
FHLMC CMO 8.79�
due
11/15/90
s/�.5/�i
a/�5/��.
3/2p/2004
zzj2/ao�.�.
9/15/2Q19
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 90-
RESOLUTION ESTABLISHING 1990 CITY DEPOSITORIES OF FUNDS
BE IT RESOLVED by the City Council of the City of
Mendota Heights, that the following institutions be
designated as depositories for City funds for 1990:
Dakota County State Bank
Signal Hills State Bank
First Minnesota Savings Bank
Norwest Bank of Minnesota
Cherokee State Bank
Minnesota State Bank
First Bank of Minnesota
American National Bank and
Trust Company of St. Paul
Minnesota Municipal Money Market Fund
BE IT FURTHER RESOLVED that investments of City funds be
in any securities authorized by Minnesota Statutes Chapters
118.17, 475.66 and 471.56.
Adopted by the City Council of the City of Mendota Heights
this 2nd day of January, 1990.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
C ar es E. Mer enso 0
Mayor
ATTEST:
�_ Ka een M. Swanson
City Clerk
CITY OF MENDOTA HEIGHTS
Mvlo
December 28, 1989
TO: Mayor, City Council and Acting Ci istrator
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: 1990 Budget Adoption
HISTORY
At our public hearing on December 6th, the Council
adopted a resolution leving taxes for 1990 based on the
proposed budget as prepared and reviewed at two workshops.
At this time, we should adopt the 1990 Budget as
prepared.
ACTION
Motion to adopt 1990 Budget.
�
LES:kkb
Attachment
:�
t
�.
CITY OF MENDOTA HEIGHTS
MEMO
T0: Mayor and City Council
December 27, 1989
FROM: James E. D ie son
Acting Ci _�ld trator
SUBJECT: Ruby Drive - County Agreement
Job No. 8914
Improvement No. 89, Project No. 5
DISCUSSION:
Because the Ruby Drive Outfall Project involves Delaware Avenue a
County Road, staff had to work with the County to get the necessary permits.
During our discussions with the County we inquired as to the possibility of
County participation in the project. The County staff agreed to a partici-
pation rate of twenty percent (20%) or six thousand dollars ($6,000.00) and
has f orwarded the attached agreement tha.t provides for that participation.
RECOMI�NDAT ION :
Staff recommends that Dakota County Project No. 63-10 Construction
agreement be executed by the City.
ACTION REQUIRID:
If Council desires to implement the staff recommendation they should
pass a motion authorizing the Mayor and Clerk to execute the attached Dakota
County Construction Agreement on behalf of the City.
JED : dfw
I
�
�
DAKOTA COUNTY
DEPARTMENT OF HIGHWAYS
AGREEMENT FOR MISCELLANEOUS CONSTRUCTION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF MENDOTA HEIGHTS
FOR
Ruby Drive Outfall Project
County Project No. 63-10
TO
Construct a stormwater outfall and overflow structure on County
State Aid Highway 63 (Delaware Avenue) at Ruby Drive in
accordance with the plans and specifications for the above
referenced project in Mendota Heights, Dakota County.
v
County Project No. 63-10
THIS AGREEMENT, made and entered into by and between the County
of Dakota, hereinafter referred to as the "County"; and the City
of Mendota Heights, hereinafter referred to as the "City";
WITNESSETH:
WHEREAS, it is considered mutually desirable to construct a
stormwater outfall and overflow structure on County State Aid
Highway 63 (Delaware Ave.) at Ruby Drive in accordance with the
plans and specifications for the Ruby Drive Outfall Project
(County Project No. 63-10) in Mendota Heights, Dakota County; and
WHEREAS, the County and City will jointly participate in the
costs of said miscellaneous construction as hereinafter set
forth.
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
1. Engineering. The City shall provide design and
construction engineering for this project, and all design and
construction engineering costs shall be the responsibility of the
City.
2. Miscellaneous Construction Items. The County shall
participate in the construction costs of the stormwater outfall
-2-
�
County Project No. 63-10
and overflow structure in accordance with County Policy in the
ampunt of twenty percent (20%), not to exceed $6000.
3. Storm Sewer Maintenance. Upon completion of the project
and in accordance with County Policy, the City shall be
responsible for all storm sewer maintenance.
4. Payment. Upon execution of this agreement and a request
in writing by the City, the County shall advance to the City an
amount equal to their share of the cost based on the actual bid
price. The County shall make payment to the City for the
invoiced amount within thirty (30) days.
5. Subsequent Excavation. After completion of the project,
if the necessity arises for excavation of the roadway to repair
or install water, sewer, or other utilities, the City shall
replace the excavated area and road surface with a section
equivalent to the adjacent roadway. If the City should employ
their own contractor for the above described water sewer or other
utility repair or installation, they shall hold the County
harmless from any and all liability incurred due to the repair or
installation of said water, sewer or other utility. Should
the City fail to have the roadway properly replaced, the County
Highway Engineer may have the work done and the City shall pay
-3-
'i
County Project No. 63-10
for the work within thirty (30) days following receipt of a
written claim by the County.
6. Rules and Regulations. The County and City shall abide
by Minnesota Department of Transportation and Federal Highway
Administration rules and regulations where appropriate.
7. Traffic Control. This project may entail both partial
and total road closures to traffic. The City will notify the �
�
County prior to a scheduled complete road closure. The City will �
endeavor to reopen the closed roadway as soon as construction
allows.
8. Indemnification. The City agrees to defend, indemnify
and hold harmless the County against any and all claims, �
liability, loss, damage or expense arising under the provisions
of this Agreement and caused by or resulting from its negligent '
act or omissions and/or those of its employees or agents. �
,
i
9. Waiver. Any and all persons engaged in the aforesaid � �
work to be performed by the City shall not be considered � +
� �
employees of the County and any and all claims that may or might � �
arise under the Worker's Compensation Act of this State on behalf '
-4-
S
County Project No. 63-10
0
of said employees while so engaged, and any and all claims made
by any third party as a consequence of any act or omission on the
part of said employees while so engaged on any of the work
contemplated herein shall not be the obligation or responsibility
of the County. The City shall not Ue responsible under the
Worker's Compensation Act for any employees of the County.
IN WITNESS THEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized officials.
-5-
�
County Project No. 63-10
CITY OF MENDOTA HEIGHTS
RECOrIMENDED FOR APPROVAL:
�( • ` �--•
rector o u ic or s
APPROVED AS TO FORM:
By
ayor
(SEAL)
By
ity ttorney ity er
Date
--------------------------
DAKOTA COUKTY
APPROVED AS TO FORM AND EXECUTION:
ounty Attorney
COUNTY BOARD RESOLUTIO[�
No. 8 - /8 Date / 7���
By
ounty ngineer
Date
�
�
�
BO►ARI} OF C{JIJNTY COMMISSI{)NERS
DAKOTA COUNTY, MINNESOTA
DATE November 7, 19$9
RESOLUTION NO. g9-$�-8
MotionbyCammissioner Loedin� -•SecondedbyCommissioner Chapdelaine
WHEREAS, a drainage problem exists on CSAFi 63 at Ruby Drive between
Mendota Heights and We�t 5t. Paul which needs correction; and
WHEREAS, County policy calls for costs participatian in problems
involving County Road drainage of 20� af the cost of correction, not to
exceed $6,000 per locatian; and
WIiEREAS, it is likely that the County would spend more than $b, 000 ta
repair any future damage to GSAH 63 due to storm runof£ damage until
the drainage problem is corrected; and
WHEREAS, West 5t, Paul and Mendota Heights are requesting County cost
participation ta c4nstruct the starmwater outfa2l and overflaw
structure at CSAH 63 at Ruby Drive.
NOW, THEREFORE, BE IT RESOLVED, That Dakota County enter into a cast
sharing agreement with West St. Paul and Mendota Heights for the
constructian of the stormwater outfall. and overflow structure at CSAH
63 at Ruby Drive in accordance with the terms and conditians set forth
in the "Agreement far Miscellaneous Canstruction," and in accardance
with County Resolution No. 85-215; and
BE IT FURTHER RE50LVED, That the appropriate County Officials be
authorized ta execute such agreement, subject ta approval by the County
Attorney's Off ice as ta form and execution.
Harria
Maher
Chapde2aine
Loeding
Turner
State of Minnesota
County af I}akota
YES
X
X
X
X
X
Harria
Maher
Chapde2aine
Loeding
liuner
NO
I, Joan I.. Keadall, Clerk ta the Baard af the County of Dakata, State af Minnesata, do hereby certify that I have campared the
foregoing copy of a resolutSon with the original minutes of the proceedings of the Board of County Commissioners, Dalcota County,
Minnesoia, xt their se�sion held on the ?th day of November ;9?�� naw on file in the Caunty
Adminittration Department, and have found the same to be a true and conect copy thereof.
Witnes� my hand and afficial seal of Dakota Caunty this �� day of �����,�l����
Clerk to th Board
CITY OF MENDOTA HEIGHTS
MEMO
December 28, 1989
T0: Mayor and City Council
FROM: James E. Dan' lso
Acting Cit A s rator
SUBJECT: Krebsbach, ariance Extension
DISCUSSION:
Mr. and Mrs. Krebsbach, 1832 Twin Circle Drive, were granted a CAO
approval and a 10 foot front yard setback on August 5, 1986 to construct a
new home at 1230 Culligan Lane. According to Zoning Ordinance 5.5�7), a
variance becomes void unless made use of within one year or unless extended
by Council. The Krebsbach�s did not begin construction on their home after
receving the variance because of some uncertainty about a potential reloca-
tion to Chicago. That uncerta.inty is now gone and they now desire to go
f orward with their new home in Mendota Heights (see attached letter).
RECOMMENDATION:
In as much staff n see nothing has changed to cuase a concern over
the previously g,ted vari nce we recommend that Council extend the period
of the variance b 3 years. 3„�,,d, �i,,,d,,,,, �agc� _�;.., �., �Qqo
ACTION REQUIRID:
he staff recommendat on the should
variance to August 5, 1990. '
If Council desires to implement
pass a motion extending the Krebsbach
JED:dfw
December 28, 1989
To:
From:
Re:
Mayor Mertensotto
Councilman Cummins
Councilman Hartmann
Councilwoman Blesener
Councilman Anderson
Mr. and Mrs. Norbert
Renewal of Variance
1 � ;•
i �� •
` , �,
Krebsbach,� � �
I '� ^'� v
/ 1 �
We are requesting a renewal of our ten foot front yard set back
variance for our lot at 1230 Culligan Lane, Mendota Heights. The
home was not built at the original anticipated time due to a
potential relocation to Chicago.
The original request for a variance was based on the difficulty
of building a home on our lot which is below street level. The
curb is thirty feet above the back lot line. Inorder to avoid
building below the sewer line or massive amounts of fill and the
removal of both large oaks a request was made and granted to move
the home ten feet closer to the street. The neighborhood
architectural review committee has approved our design which is a
walk-out rambler and agreed to the original variance. The final
design requires minimum fill and will leave the natural terrain
of the land in the front and back yards.
�
:A .- . ...
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
ON JANUARY 2, 1990
Blackto Licenses
Dai y& Son B ac topping
General Contractors Licenses
A vance Cons ruc ion
Alside Builders
American Remodeling, Inc.
Automatic Garage Door Company
Automatic Sprinkler
Befort Roofing, Inc.
Berwald Roofing
Best Built Garage Builders, Inc.
Boschee Homes
Carl Bolander & Sons Company
Carlson Automatic Fire Protection
Centex Homes
Centraire, Inc.
Charles Zwinger
D.A. Smith Builders, Inc.
Dakota Fence of i�i, Inc.
Determan Welding & Tank Service, Inc.
Dundee Nursery & Landscape Co.
Earthwood Builders, Inc.
Fireside Corner, Inc.
Handyman USA
Harvey Homes
Heat-N-Glo
J.A. Development, Inc.
J.D.N. Builders, Inc.
J& L Schwieters Construction, Inc.
JHL Construction
Joseph M. Miller Construction Co., Inc.
HI�i Erectors, Inc.
K & P Drywall
Kelleher Construction
Knight & Sons Construction Co.
Kurth Construction, Inc.
Linvill Associates
Marvin Anderson Construction
McDonald Homes, Inc.
McPhillips Brothers
Mendota Heights Landscape
Metropolitan Fireplaces, Inc.
Midwest Fireplace Co.
Mike Boettcher Construction
Monty Girard Homes
Nick Heinen Construction, Inc.
Nilles Builders, Inc.
Olsen Fire Protection, Inc.
Ozmun-Pederson
General Contractor's Licenses Continued
Qua i y Exteriors, Inc.
Rainbow Homes of Eagan, Inc.
Sapletal Construction
S.E. Hanson, Inc.
Stark Construction
TJB Homes
Viking Automatic Sprinkler Company
Western States Fire Protection Co.
Woods Construction
Masonr Licenses
rec t Masonry
Andretta Brothers
Arcade Concrete Const., Inc.
B.N.K. Masonry, Inc.
B.R. Moline Masonry, Inc.
Concrete Wall's Inc.
Country Concrete
Dahn Builders
E.L. Bulach
F & B Construction, Inc.
Greystone Masonry, Inc.
H.W. Cook & Sons
Jesco, Inc.
Johnny Masonry, Inc.
Kozitza Construction, Inc.
Manor Concrete Construction, Inc.
Peter Klatte Brick & Stone
Peter Schlagel Masonry
RJS Concrete, Inc.
Sta-Lor Masonry
Stanke Masonry & Constr.
Theisen-Fischer, Inc.
Viking Concrete & Masonry, Inc.
Wayne Concrete Co., Inc.
Excavatin Licenses
Car son Sewer Com�any, Inc.
commercial Utilities, Inc.
Dakota Plumbing & Htg., Inc.
Dasen Contracting Co., Inc.
Lakeside Plumbing & Htg., Inc.
Mike King Excavation
Nova-Frost, Inc.
Richfield Plumbing Co.
Scherff, Inc.
Sun Excavating, Inc.
Thompson Plumbing
United Water & Sewer Company
Weirke Trenching & Excavating Co.
Gas P�ing Licenses
A. Binder & Son, Inc.
All Season Comfort, Inc.
Controlled Air
Dakota Plumbing & Htg., Inc.
Earl Arneson, Jr.
Fred Vogt & Company
Harris Mechanical, Inc.
Hinding Heating & Air Cond., Inc.
J.K. Heating Company
Metropolitan Mechanical Cont., Inc.
Minnegasco, Inc.
Northeast Sheet Metal, Inc.
Northern Air Corp.
Red Wing Heating & Air Conditioning
Sedgwick Htg. & A/C Co.
Smith Heating & A/C, Inc.
Standard Heating & A/C, Inc.
Thompson Plumbing
Valley Aire, Inc.
Iieating & Air Conditionin Licenses
A. Binder & Son, Inc.
Air Conditioning Associates, Inc.
All Season Comfort, Inc.
Allen Mechanical
Controlled Air
Earl Arneson, Jr.
Fred Vogt & Company
Harris Mechanical, Inc.
Hinding Heating & Air Cond., Inc.
J.K. Heating Company
Metropolitan Mechanical Cont., Inc.
Minnegasco, Inc.
O'Keefe Mechanical, Inc.
Red Wing Heating & Air Conditioning
Ron's Mechanical, Inc.
Sedgwick Heating & A/C Co.
Smith Heating & A/C, Inc.
Standard Heating & A/C, Inc.
Valley Aire, Inc.
Rubbish Licenses
A.A. Ru is Service & Recycling, Inc.
Action Disposal-BFI
BFI/Woodlake Sanitary Service
Ken Oehrlein
Krupenny & Sons Disposal Service
Metro Refuse, Inc.
Triangle Services
a L ^"A
Ci arette Licenses
Da co i"�usic &�ien"ding
Employees Party Club
Fina Serve, Znc.
Mendakota Country Club
Par 3 Galf, Inc,
snyder Druc� store
SOS Convenient Mart
Scmerset Country Club
Tom Thumb
Plaster Licenses
Berg Drywa
Zimmerman Plaster & Stucco, Inc.
Si n Erectin Licenses
wrence igns
Suburban Lightinq, Inc.
'� ""- """ "�"."' '-"` ].5-Engr ' � ."'� "'-'60�t7tiitie`s
� � 1/2f90 2p-Police ?0-Parks
�8 Drc 138 Claitos Ligt Page f
Thu 12:57 City af Mendata Hei 30-Fire 80-Planning
• 40-CEO - 85-Recycling
-- Femp�hecif-t�lErmber 1=- --_-_-._.�__M..�__._.___. 90-Anima2 Contra3
Temp. "
.,..�". ._ __ _ _
Nurnber Vendr7r Name . Account Cade Carnments
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i
Tat aks-"Fernp-6heck•-Numbe I - --• -----
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Temp Check 4V�tmber 5
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ic:tals Tem� CYreck }Vuraber 5
--�emp-Gkreck-N��mbert 6- — ---._._-. ...-_
6 Apache tZ�l-�01+D misc parts
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- %.fl-.--99,--.,T �,flu�a-S+.�pply?- Qi1--�01Q�- — • rni�c-pai^ts
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Clairns Lz�t '
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Tct,�ls Temp ChPck 1Vumber 9
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Re Parks
fla�e 2
Amount
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10 $uard af Water Ec�mmissianers @2-2�1@ Nc�v sv 23, 76 S„oi
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Tatals 7'emp Check lVurnber 10 y�g;
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Ternp-Ghe�k-�1Vumbe� 1 i _ !uoi
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11 City tifotc,r Supply �1-�t�#tA misc {sar�ts 36.69 �a�E
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li Cit Mcstc�r Sit 1 t�i-�,=�20 � °g'
Y PP Y mi�c parts 44. �@ ia;
f1 C3ty Mct�r .�.,uppiy �hi--�C�1tZr rnisc parts 47.75 '�r,
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33 City Matar Sa�{aply a2t#-��#0 misc parts ��3.76 ;s5�
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13
TotaIs Temp Check 1Vumber
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�S Dec 13F . Elairns List
Thu 12:57 City oF Mendata Hei ,
Tetnp--Check-Numbet 14 --
Temp.
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Nurnber Verrdar Narne Account Cade Cornments
1�4-Dc�na-Eetrri 01--2Qfi Q� � d�^y-el�ng
14
Futals Femp-Gheck-Nurnber #�i
Temp Check Nurnber 15 '
15 Dahlgren Shardlaw Uban IIii-2�D10
Tat a 1 s Temp Check N��rnber 1 S
-.- Ternp-Check-N�knber- ' 6
16 Dennis Delmant elii-4415-02Q�-�0
16
Tatals Temp Eheck Number 16.
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Tutals Temp Et�ack Nurnber 18 �=R
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Tatals Ternp Check Nurrtber 2� �;o
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2� Dea 19� Clairns List
Thu 12: ;7 Gity af Meridota Hei >
�TernR-�ksack-Aiuraiser �'1
'}'emp. � � ` _
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2� Holden Business Farrns 01--�510 envlopQs
2� !-fc;Ic#e�z HU51}?B55 Forms t�i-�02Qt envelc�pes
—22-4-lo-�-cfGrrPus-i�rr�ss-Forms� 05-�QE-fv env�I-op�a
'�2 Halde» Pu�ines� Forrns 15-�010 enve2opes
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Tutals 'fetnp Check lUurnber 22 ,
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iotals Temp Check Number 23
Tarnp Check rilumber- 24
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�S fiaul Kaiser �h#-2�ti�
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mileage
Ternp Check IVumber �fs
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T-c�ta3-�-Temp-Gheck--Number ''6- �
Ternp Check N��rnber ?7
'�7 Tl,Lzmas Krruth
2? Thamas I{17U'th
3�-4h 3 5-84�-i7)�
�5-4415-105-15
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Tatals 7`emp Check Nurnber �7 ' ` �
pro3 rai 3.eage
Jart � I I c+w�nce
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�9 Dec 19� � Ciairns List
Thu 12t57 City of Mendata He. >
� Temp_ -
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Nurnber Vendor Name Accc+unt Cade Comments
ci8--i44reekrs-�f-F a-c�-Mectri•rre�---�----v-#�20 #-sD -,�rc«� ect ar-
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-- Fat a-Y�-F�mp-6heck-i4umber* ---28 --
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29 L E L S �di-��D75 Jerr dues
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Tot�ls Ternp EI-�eck Nt�mber^ 29
-�Atnp-Check-1+turnbar n4� _ __
3ti1 i.. !�t C I'F NR tD1-�tZ}74 3arr prern
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Temp Check f+S�tmber 31 � � , �ae�.
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31 Langula Hdwe R�1-u�1+D cable 35.11 ���
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Tata.ls Temp Eheck fVumber 31 �`���
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32 League t'+!n Cities �3-ja4th�-�itZ�-I�Zt directc+ries 83.Q�Qs a;�
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sa;
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Temp Check t�tumber 33 �55�
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TcYt�ls Ternp Ci�teck tVumber
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34 Med Centers H fi IDi-:3074 3ar, prem
.-------34-Med-�en�e�=s-H-R-- , T-1-=41-31--My-1-�=1Q�— -J�n-prern
34 lYi�d Ceroters i-# iZ t2�i-4231-aD2+Zi-;3�Z+ J�n prer»
34 Mer! Genters N P • ¢�1-4131-040-G� 3an prern
------.34�-Med-GarF�er=s-H_r� �i--4-1-31-�5iD-.�'.�4�1 —.; an -prero
34 Med Cer�ters ti � shi-4131-�D7�-?th Jan prera
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-�.'�ernp-Ck�sck-t�turnber '�j+- . �
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Nurnber Vendar Narne Acac�unt Code Eamrnents
--.-�---� 4-Med-�ax�eY�s--i�i 13-- 05-4-13f �05-1.�'.r ----.;an•-prenr
34 Med Centers H P � 08-4335-000-�f� 3an prem
34 Med Cerrters H P 15-4132-�b�-60 3an prern
306
Tc*ta2s Setnp Check 1�3un�ber 34
Temp Check IVurnber 35 - , •
-- 35-Mend-akot�r--Eauntry-E�crb------�i-^cS�i f�.�9-runches---
35
---:..:t-�k�-FernP-Bhe�k-N�irnbe�^ -�-----y5
Ternp Cf,eck fVnimber 35
36 Metrc� Waste Cuntrc�l 15-444�-ii�6tZ�-60
36 f�}etro FFf�ste C�ntrol 27-3�75
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Tcitals Temp Check Number 36
J�n chgs
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3eta{s CMeck Nurnbei^ 37 ,
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37 Mi»» Cellular Tele Cc� �Di-�42�d�-6f�4-c^� 3an svc
Tc�ta2s Terag Check Nusnber 37
xernp-�heck-Number^ 38 -- --
38 Mirrrr Mutttal L.iFe Ins L1-�07�r 3an prera
---38-Mi-r�in-Mutua-I-L-ife-Ins— -iai�--�+131--�'20-'�'�—_ .r —...___Jan• prem
39 irf#rrrr hfutual Lif� Irrs �i-4#3i-k�+7IIt-T� Jan prem
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• Tot�l� Temp CYteck l�urnber 3�
T�rnp-�heck--Narnber ---�3 ---
39 Minnesote Pene�it Assn �1-c�74 Jan prem
----�'3--Mi-wnesc�t-�-Penefit-A�sn 01�-�4-1-3l�-kiQ+-10 .Farr-prem
33 Mir,rresata Benefit A�sn �5-4132-#bZ+S-#S 3an prern
39 Minnesota Benefit A�sn 02-413i-2�2+d-2Q� 3an prern
--�----39--Mi-nnesc�ta-Benef-it-ASsn- ----�1--4-i31--�5�+-5�— —z;�rr-prern
39 Min»esote B�»eFit Assn tZt2-4331-�7}h-7+2t 3an prern
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CITY OF MENDOTA HEIGHTS
MEMO
December 27, 1989
TO: Mayor, City Council, City Ad '' �Yator
C���
FROM: Kathleen M. Swanson
City Clerk
SUBJECT: App�intment of Acting Mayor
INFORMATION
State Statutes require that Council take several
actions as part of its annual meeting. One of those actions
is the appointment of Council member to serve as the Acting
Mayor in any absenses of Mayor Mertensotto.
ACTION REOUIRED
Council should, by motion, appoint one of its members
as Acting Mayor for 1990
�
,
CITY OF MENDOTA HEIGHTS
I� •
December 27, 1989
T0: Mayor and City Council
FROM: James E. Danielson
Acting City m' rator
SUBJECT: Appointment o Health Officer
DISCUSSION:
As part of your New Yea� duties Council needs to appoint a Health
Officer. Dr. Thaddeus Chao, who has been the City�s Health Officer ever
since the City was incorporated, has indicated to me that he is interested
in to continuing with those duties in 1990.
ACTION REQUIRED:
Appoint a City Health Officer.
JED:dfw
.
��
:�
CITY OF MENDOTA HEIGHTS
MEMO
December 27, 1989
TO: Mayor, City Council, City Ad ''s tor
FROM: Kathleen M. Swanson
City Clerk
SU&TECT: Designation of Official City Newspaper
INTRODUCTION
State Statutes require that Council designate an
official newspaper for the City each year at its annual
meeting. We have received requests for this designation
from the Minnesota Suburban Newspapers (Sun-Current) and
from the Lillie Suburban Newspapers (South-West Review).
INFORMATION
Copies of the letters from the two publishers are
attached. The rates are stated differently in the two
letters, but they are essentially the same. Rates which can
be charged for legal publications are established in State
Statute.
The Sun-Current has been the City's official paper for
many years and a reporter is regularly in attendance at
Council meetings. The location of a satellite office in
Inver Grove Heights allows us to fairly easily deliver last-
minute notices and press releases. Additionally, residents
are accustomed to finding the City's notices in the Sun.
As of this writing, I am not aware of any Dakota County
communities which plan to designate the South-West Review as
their official newspaper.
RECOMMENDATION
I recommend that Council again designate the Sun-
Current as the official City newspaper.
ACTION REQUIRED
Council should moved to designate either the Sun-
Current or the South-West Review as the official City
newspaper for 1990.
MINNESCITA
SUBURBAN
N�npERs
Representing Sailor,
Current, Sun-Current
and Post Publications
Main Office
7831 East Bush l�ke Rd.
Bloomington, MN 55435
612-896-4700
sate►�ite offices
1209 East Cliff Road
Bumsrill� MN 55337
612-890-4456
464 Second Street
Ezcelsiar, MN 55331
612-474-0285
4921 Babcock Trail
Irnrer Grove Heights,
MN 55075
612-451-6439
December 7, 1989
City Council
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Council Members:
We would appreciate your designation of the West St.
Paul/Mendota Heights Sun-Current to be your official
newspaper for the year 1990.
The new rate structure for legals effective January 1, 1990
will be:
1 column width
59.0 cents per line - first insertion
32.9 cents per line - subsequent insertions
This rate is based on our column width of 11.5 picas.
We will provide, at no additional charge, two notarized
affidavits on each of your publications. Additional
notarized affidavits, on request, will be furnished at 35
cents each.
All publications should reach this office by Thursday a.m.
preceding our Wednesday publication. However, we would
appreciate receiving any large quantities of legals or any
lengthy legals at an earlier time.
In order to expedite our services to you, it is requested
that you direct your publications to the attention of
Meridel Hedblom, Legal Publication, 7831 East Bush Lake
Road, Bloomington, MN 55435.�
We appreciate being considered as the official newspaper for
the city of Mendota Heights. It has been a pleasure working
with you and we look forward to a continued working
relationship.
Sincerely,
MINN$ T A NEWSPAPERS
G eg tacin
General Manager
GP:kt
�1«IE
SUbURbAN NEWSPAPERS
November 20, 1989
Honorable Mayor Charles Martensotto and City Council
City of Mendota Heights
750 Plaza Drive
Mendota Heigkits, Minnesota 55050
Dear Mayor Martensotto and Council Members:
We ask that you designate the South-West Review as
the legal newspaper for the City of Mendota Heights for
tne year of 1990. �de ask that the designation be made at
your first council meeting of 1990.
Legal publication rates for minutes of regular and
special meetings, bids, etc., are $5.80 per column inch,
$7.74 per column inch tabulated and $3.87 per column inch
for Pach ad�itional publication in 6 point type.
Thank you for considering us for your legal newspaper.
NTL/RJE:lkr
Very truly yours,
2515 E. Seventh Avenue
North St. Paul, MN 55109
(612) 777-8800
r
%
N. Theodore Lillie
_--
�` � ---
Raymond J. Enright
�� RAMSEY COUNTY REVIEW — MAPLEWOOD REVIEW — OAKDALE-LAKE ELMO REVIEW — NEW BRIGHTON BULLETIN — SHOREVIEW BULLETIN
LI��IE ST. ANTHONY BULLETIN — SHOPPING REVIEW — SHOPPING REVIEW EAST — ROSEVILLE REVIEW
NEWS SOUTH•WEST REVIEW — WOODBURY-SOUTH MAPLEWOOD REVIEW — FRIDLEY SHOPPING BULLETIN — NORTH SHOPPING BULLETIN
I�1 J'.
CITY OF MENDOTA HEIGHTS
MEMO
Decemb 28, 1989
To: Mayor, City Council and Acting 'nistrator
From: Kevin Batchelder, Administrative sistan �� .
Subject: Planning Case No. 89-46
Spanjers Wetlands Permit
DISCUSSION
Mr. Georc�e Spanjers presented his fathers request for a
Wetlands Permit at the December 26th meeting of the Planning
Commission. The request is for a Wetlands Permit in order to
construct a garage, kitchen and deck addition to the existing
home. (See attached staff and planner memos.)
The Planning Commission had no concerns about the request or
the waiving of the public hearing.
RECOMMENDATION
The Planning Commission unanimously waived the public
hearing. The Planning Commission unanimously recommended that
City Council approve the granting of a Wetlands Permit bringing
the existing dwelling into conformance and allowing fifty-eight
foot (58') setback to the wetlands, which would allow the
applicant to obtain a building permit for the new construction.
ACTION REQUIRED
If City Council desires to implement the Planning
Commission's recommendation, they should pass a motion granting a
Wetlands Permit allowing a fifty-eight foot (58') setback to the
wetlands.
C
CITY OF MENDOTA HEIGHTS
MEMO
T0: Planning Commission
FROM: James E. Danielso and Kevin Batchelder ��Ll�
Acting City d' strator Administrative Assistan
SUBJECT: Wetlands Permit, Spanjers
Cas e :lo : 89-46
DISCUSSION:
Mr. John Spanjers, 1824 Valley Curve, has an existing home along a
creek at the intersection of Ma.rie Avenue and Wachtler Avenue. The existing
home is fifty-eight feet (58') from the creek, but does not have a wetlands
permit because it was constructed before the wetlands ordinance was enacted.
Mr. Spanjers now desires to expand his home by adding a garage, kitchen
and deck. The new construction is all proposed to be farther away from the
creek than the existing house. Mr. Spa.njers has submitted signatures of
consent from his immediate neighbors, who happen to be his sons.
ACTION REQUIRID •
Consider waiving the public hearing and make a recommendation on
granting a we�lands permit bringing the existing dwelling int o confor mance
and allowing a �ifty-eight (58') setback to the wetlands, which would allow
the applicant to obtain a building permit for the new construction.
JED/KLB:dfw
�
PLANNING REPORT
DATE: ,
CASE NUMBER:
APPLICANT:
LOCATION:
ACTION RE�UESTED:
PLANNING CONSIDERATIONS:
26 December 1989
:• .
0
John Spangers
Southeast Corner of Marie
Avenue and Wachtler Avenue
(see sketch)
Approval of Wetlands Permit
1. Mr. Spangers owns a house at 1824 Valley Curve Road, which apparently
was built before the wetlands ordinance regulations were adopted. The
existing house is 58 feet from the centerline of the water course
(creek) that passes contiguous to his lot on the northeast side of the
residence. He proposes to put an addition to the northwest and south
side of the existing home, therefore, a wetlands permit validating the
existing 58-foot dimension from the house to the creek is required.
2. Attached is a site plan that is a copy of that portion of the plat
indicating the lot (Lot 1), the topography, and the location of the
existing home. You will note that there is no dimension from the
home to the creek (to the northeast), but the Engineering Department
has computed the distance as 58 feet.
3. Also attached is a copy of a set of plans indicating the design of the
proposed addition. Staff has discussed these plans with the applicant,
and it would appear that the proposed additions to the house are logical
and would substantially improve the livability of the existing residence.
The addition conforms to all zoning and building code requirements as
far as we know at this point. The bottom line is that the existing
home is nonconforming since it is not 100 feet from the creek as
required by the Wetlands Ordinance. Thus, the action proposed here
would be approval of the Spangers' residence to be SS feet from the
creek. If this approval is granted, a permit can then be issued to
� expand the house as long as no portion of the expansion is less than 58
feet from the creek. The proposed deck (on the north side of the
house) is 62 feet from the creek.
4. Mr. Spangers has obtained permission from his contiguous neighbors for
this expansion. Under these conditions, it would appear that a waiving
of the public hearing would be in order.
.
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T0: CITY OF MENDOTA HEIGHTS
I John J. S an'ers resident at 1824 Valle urve h I
, P � , y C Road earby �
�
applies for a wetlands permit for my residence. I intend to add '
i
an addition per attached plans and specifications. � !
i
��� , . �' .�'':
J,ohn J. Spanjers
1824 Valley Curve Road
0
0
j 2�',/� f=
1
Date '
I
�
C ity o�
....... 1Viendota Heights
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Case No. g9 — �
Date of Application ' • 11 '9
Fee Paid I'�. 1 ��S�i ��� ��5�.`��
�- �
Applicant Name: �J ; ��y �' � �d'��' �- PH:
t) (F'ust) (Mn
Address: � � : + v�� � G �� G � /'�� � /' d M E;,� �/ � �''%� .�.� � S'i/ �
(Number & SUeet) � (City) (Stale) (Zip)
Owncr Name: S�� y'Y / g
J.o �
(F'usc)
(Mn
Address: �� �' � C� �J G � � j � � �v � /� � � t.�✓> �T i�, ,�,r 5" S" /% �
(Number & Street) (City) (State) (Zip)
Street Location of Property in Question: ��� � /// G L£ �i G�% 1��ic %l,/.
�"� G• �v ..^ � i�. � /"J � ��i✓ j" ,�-//�',
Legal Dcscription of Property: _L a T � l/ �j l• L�/� G�,�'v� � S� r�i 7�S
Type of Rcquest:
Rezoning
Conditional Use Permit
Conditional Use Permit for P.U.D.
Plan Approval
Comprehensive Plan Amendment
Applicablc City Ordinancc Numbcr
Present Zoning of Property
Proposed Zoning of Propeny
Present Use
Proposed Use
Variance
Subdivision Approval
✓� Wetlands Permit
Other (attach cxplanation)
Section
I hereby declare that all statements made in this request and on the addilional
matcrial arc we. �� `
�/ /
1,;�; L� i.•� b,L!i G.✓��"'
(Si,griature of Applicant)
v � ,i
� �� ��� � �
(Date)
(Received by - Title)
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
0
TQ: CITY QF :�IENDOTA HEIGHTS
The following adjacent neiohbors of 1$24 Valley Curve Road ;ives I
consent to John J. Spanj ers to proceed with his building plans ��
as per attached drawings and specificatians. �
John G. Snanjers
786 i2arie Avenue
�
�, � '
�
i
�� __...--„ .r u / �,
� / �
(�eorge T. Spanjers `
182b Valley Curve Raad
E
12-g - �5 ;
Date �
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, r � 4� i
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Uate
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Cit o�
y
,..,.. • 1Viendota Heights
December 20, 1989
Dear Mr. Spanjers:
' I � Q `
Your application for a ��L�-Z"���i�-�c5:5 I�r,v� c f
will be considered by the Planning Commission at their next
regularly scheduled meeting, which will be held on Tuesday,
December 26, 1989. The Planning Commission 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
Commission consideration.
If you have any questions, please feel free to
contact me.
Sincerely, .
�� .��,�.�
Kevin Batchelder
Administrative Assistant
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
. �
C ity o�
.,.,,, • 1Viendota He,ights
�
Dear Mr. Spanjers:
Your application
December 29, 1989
�
f or a �'l� e� l� �n c�- S ��= r-v� �+ ; ,
will be considered by the City Council at their next ;
regularly scheduled meeting, which will be held on ;
Tuesday, ���v�_ �� The Council meeting starts
at 7:30 o'clock P.M., here at City Hall in the Council'
• I
Chambers. You, or a representative, should plan on attending
the meeting, in order that your application will receive
Council consideration. i
The P anning Commission recommended � p(J ��'� �� o t r`Q
� � � � ' k4���k �� �. 1��-f-l��, �s � 'I 1.,��5 G��-,��-�
(( [� � `
'1`�� ex�5fl�'lC{ b�V ra.SZ \� TC� �G'Yl�`1 VVt�ViC-2 0.V1�-� ��IGW
Cvvirj�C'Uc_�tv��J c:� C�o-c1.a it"r_onS t't- ( 6u �1c �� e� p!J �`,�-� .
S
If you have any questions, please feel free to
contact me.
KLB:kkb
Sincerely,
��,�;,"- ��(,�,�i�-�--
Kevin Batchelder
Administrative Assistant
e
�
1101 Victoria Curve • 1Vlendota Heights, 1V�N • 55118 i 452 • 1850
CITY OF MENDOTA HEIGHTS
MEMO �
{
December 2 , 1989
To: Mayor, Gity Council and Ac�ing Ci ' zstrator
From: Kevin Batchelder, Administrative As '�tant �L��j
Subject: P3anning Case No, 89-45, Birch Subdivisian �
DISUCSSION
Mr. Brian Birch was present at the December 26th Planning
Commissian nteeting ta present his request far a subdivision af
hi� parcel of land at the southeast corner of Freeway Road and
Dadd Raad. (Please see attaahed staff and planner memas and the
Planning Commission minutes of December 26, 1.989.} ,
The Planning Comntission had no concern� with the transfer of
land between Mr. Birch and M�oepke, �he rear yard setback
variance that would become necessar� for Dr. Koepke's building
with the land transfer or the platt�.ng af both lots. ,
Hawever, the Planning Commission did have a concern about
drainage af the propert� and the lack of contours provided in the
drawings that were submitted. The Planning Commission
recommended that a proper drainage plan be submitted with the
final plans, as required by Ordinance Na. 301, 5ecta.on 4.1(2)f.
Also discussed at the meeting were the future aptions of Mr.
Birch's remaining parcel and the Highway 149 R.O.W. to which he
is the under3ying fee title awner. The P3anning Commission
emphasa.zes that, while the ap�licant had listed a rezoninc� as a
consideratian an his applicatzon, the purpose of the public
hearinc� on December 26, 1989 was for the pracessing of a
subdivision and a setback variance only. Any future planning
consideration� wi21 have to be handled in a separate appl�cation.
Dr. Koepke has been in touch with stafi and is current2y
pracessing an application for a CUP �or his propased animal
ho�pital addition. He has also submitted a letter to'�the City
{dated December 2'7, 2989) which I have attached that explains his
underst�anding of �.he Planning Commis�ion meeting. �
Mr. Birch is requesting that the City reply, in a formal
letter, what its intentians are regarding the property to the
east that the City owns. iie is referring to the land�that the
Ci�y is currently usizzg far £ill, sand, etc. Councilimay wish to
direct staff regarding the City's intentions with this land. `
The future disposition of o�` the TH149 right-o�-way has not
yet been iinally determined. A new meeting of the 149 Task Force
needs to be called to make a final recommendation to the City
Council. Until Council recommends to Mn DOT to release the
R.O.W., the right-of-way will remain in MnDOT ownership.
RECOMMENDATION
The Planning Commission conducted and closed its public
hearing. The Planning Commission unanimously recommended that
the City Council approve the requested subdivision conditioned on
the following:
1.
2.
3.
4.
5.
The final plat be an official survey as required by
ordinance.
That this final survey show Dr. Koepke's new lot as one lot
with its correct legal description.
That this final survey show Mr. Birch's remaining land to be
one lot with a correct legal description.
That a pro�er drainage plan be submitted with the final
plans showing the contours so that Council can properly
address the drainage.
That a fifteen foot (15') rear yard setback be approved for
Dr. Koepke's existing animal hospital.
As an amendment to the motion, the Planning Commission
wished to indicate that the plans of subdivision they are
recommending approval on are the large plan submitted dated 11-
28-89 and the small plan submitted as drawing one. This
amendment to the motion also included the notation that the
Planning Commission was only acting on a subdivision and variance
at this time, and that no action was being taken on any rezoning
considerations which would have to be brought up at a later time
in a seperate application.
ACTION REQUIRED
If the City Council desires to implement the recommendation
of the Planning Commission, they should pass a motion approving
the preliminary plat and a motion granting a fifteen foot (15�)
rear yard setback variance for the animal hospital.
0
�
CITY OF MENDOTA HEIGHTS
I���f�'rC�7
December 26, 1989
To: Planning Commission
.'
From: Kevin Batchelder, Administrative Assistant ��
Subject: Birch Subdivision, Koepke Application
Case No. 89-45
DISCUSSION
The purpose of this memo is to inform the Planning
Commission that Dr. Tom Koepke has made application for a
Conditional Use Permit to add on to his animal hospital. He has
scheduled an appointment with Howard Dahlgren on January 8th,
1990 for staff to review his plans and put him on the January
Planning Commission agenda.
ACTION REQUIRED
This is an information item only. There is no action
required.
GI'T'Y Oz' ME"TDO�'A Hz'IGuTS
T0: Planning Cammission
�
�'RQM: James E. a' 1 an and Kevin Ba�chelder �'`� ��
Acting Cit� ministrator Admi.nistrative Assi'
SUBJECT: Brian Birch
Subdivision �
Case Na. 89-45
DISCUSSION:
Mr. Brian Bzrch who owns B-2 Zaned property surrounding the Animal
Hospital and Tom Thumb on Dodd Road and Freeway Road is requesting to
subdivide the praperty to accammodate an addition to the Anima.l Hosgital.
The new plat is to a11ow Mr. Birch to transfer a portion of his Iand to Br.
Koepke (see Lot 1, Drawing 1) and to al.low Dr. Kaepke to transfer a sma11
triangle of his lot":tp Mr. Birch ta improve the shape af his remaining lot.
The iinal plat should be drawn up ta have both Dr. Koepke's existing
lot and the n:ew land from Bria.n Birch shown a.s one lot. The same should be
done with the land acquired to Brian Birch from I}r. Kaepke, in ard.er to make
Mr. Birch's new lot one parcel.
VARIANCE
Dr. Koepke's existing building has the minimum rear yard setback of
thirty feet (30'). By shaving off the corner of his 1ot, he brings his
bu�.lding within £ifteen feet {15'� of the rear progerty line. To be in
conformance, the Planning Commission needs to cansider granting a fifteen
foo�G (15�) setbaek varianee to the Animal Haspital.
DRAINAGE
The parcel of land to be platted has recently been graded in anticipa.-
tion af deveZopment. Staff was made awa.re of the gra,ding before it cam-
menced and due ta the sma11 scale of operation far this parcel, na permit
was required.
A small holding pond exists in the northwest corner o� the parcel next
the intersection. Staff has discussed with Mr. Birch the need for providing
an outlet to this pond. Mr. Bi.rch f eels that it is the City�s responsi-
bility ta provide that au�let, hawever, it is nat standard procedure for the
City to make public improvements without assessing a developer for the cost.
Mr. Birch's site illustrates drainage by arrows and �pot elevations.
This makes i� difficu7.t to aceuratel.y assess the adequacy of the drainage
p lan .
ANIMAL HOSPITAL ADDITION
Animal Hospital clinics are a conditional use within a B-2 Zoning
District. Dr. Koepke has a conditional use permit for his existing
facility. Any future expansion to Dr. Koepke�s clinic will need to be
processed as a conditional use permit. This application does not include
plans for any expa.nsion of the animal hospital and at such time as that Dr.
Koepke desires to expand1a conditional use permit will need to be processed
with public hearings at the Planning Commission and City Council.
FUTURE CONSIDERATIONS
Mr. Birch, in addition to owning the irregular shaped piece of property
now being considered for platting (Lot 2), also owns the underlying fee
title to the State Highway 149 right-of-way. The City also owns a piece of
property to the east. '
Staff had directed Mr. Birch to consider inclusion of these pieces of
property in the planning now to see what the future potential land use is,
or could be, for the entire site should the sta.te land become available.
ACTION REQIIIRID:
Conduct the public hearing. Consider making recommendations to the
City Council on the following planning actions:
1. Preliminary plat approval incorporating the land transfer as de-
tailed in Drawing #1, with the inclusion of Dr. Koepke�s entire
� existing lot in the final plat.
� Staff suggests that a condition of approval be that a new drainage
��� � plan be submitted showing contours of the entire site and that Q
storm water drainage overflow be incorporated into the plan for
the pond in the northwest'corner.
2. A fifteen foot (15') rear yard setback variance for the northeast
corner of the anima.l hospital.
3• Ma.ke comments or suggestions on the layouts submitted by Mr. Birch
that include State and City property.
JED/KLB:dfw
PLANNING REPORT
DATE:
CASE NUMBER:
APPLICANT:
LOCATION:
26 December 1989
89-45
Brian Birch and Tom Keopke
Southeast �uadrant of Dodd
Road and Freeway Road (see
sketch)
ACTION RE�UESTED: Subdivision Approval"
PLANNING CONSIDERATIONS:
l. Brian Birch has owned an irregular shaped piece of land behind (east
and north of) Dr. Keopke's veterinary clinic for many years. You will
note the shape of this parcel on the attached location and section
maps.
2. Contiguous to Mr. Birch's parcel to the west is_ a MnDOT right-of-way,
portions or all of which are considered for vacation, which could return
some of the property to the original land owners. Because Mr. Birch's
parcel is of such an odd shape (being very deep and narrow), we have
suggested that he should not develop this land until the question of the
parcel's ultimate area and configuration is determined. However, at this
time, Mr. Birch proposes to sell the westerly-most triangle to Dr.
Keopke and, in the process of doing that, to also purchase a portion of
Dr. Keopke's land (a small triangle) and add it to his parcel.
3. Mr. Birch has submitted several plans indicating this proposed division of
land. The large scale drawing shows Mr. Birch's parcels, the
right-of-way, and areas of land to the east. Unfortunately, there is no
topography on this drawing, therefore, it is difficult to ascertain the
implications of the division as it relates to drainage and access to
Freeway Road. All of you are aware that Freeway Road is
considerably higher than the land at this point, though it would appear
physically possible to build a driveway from the road to the easterly
portion of f�lr. Birch's land (not sold to Dr. Keopke) with the
construction of a rapped driveway access.
4. In theory, it would be better to not divide the land at all until such
time as the overall disposition of the rest of the property is known.
However, it would appear that there is relatively little risk in squaring
off the west side of the property by selling the triangle to Dr. Keopke.
We understand, from the information as submitted, this amounts to a
total of 10,662.05 square feet.
5. Some complications, however, exist with respect to the division of the
land and the transfer of title at this time. One complication is the
fact that the cutting off of the corner of Dr. Keopke's original parcel
(the easterly triangle) reduces the rear yard setback of his building from
30 feet to 15 feet. Since the Zoning Ordinance requires a 15-foot
setback in the rear yard of a B-2 property, this would require the
Brian Birch, Case No. 89-45
. �.
processing of a variance. Without such a variance, Che existing
structure becames a non-conforming structure. The second problem is if
expansion af the veterinary ciinic occurs, it wiil require the processing
of a conditional use permit. Thus, if a land division is made and the
land can aniy be used by adding ii to the veterinary clinic property,
the City may be approving an expansion of some type. Of course, it
would be better if the City couid process the canditional use permit for
the expansion of the cIinic at the same time as the land division is
considered. The 1Q,662.D5-square-foot parcel being created by this land
subdivision is not a buildable lot in the B-2 District. The minimum lot
area for this district in the City of Mendota Heights is 15,000 square
feet.
b. Another problem is that of the handiing af drainage, which will be
commented on by the Engineering Staff. You will note on Mr. Birch's
drawir�g the existence of a pond, which has bsen created on the site,
He also notes that a cuivert is to be constructed "by City if needed"
northerly from the pand under Freeway Road. Mr. Danielson has
informeci Mr. Birch ihat the City will nat construci such a culveri and
at the responsibility for such construction is that af the developer.
----..._ �.__....._._
Mr. Danie so na es that it appears _that the drainage problem can be
solved, though the solution is nat validated on the drawing. One of the
probiems is thai we have na tapagraphy of the properiy in questian (as
required by the Ordinance), therefore, ii is difficult to ascertain the
adequacy af the drainage proposal.
7. Mr. Birch has also submitted a series of other drawings indicaGing the
patential divisions for the iand ihat he may reacquire title to depending
upon the vacation of the right-of-way. Unfortunately, these drawings
can only be specutation at ihis point. Any future configuration of a
plat and the ultimate land use will depend on the amount of
right-af-way vacated. This remains an impartant and serious question in
our view since we feel that portions of the right-of-way should be
retained for a future local crossing af Highway 110, which would
pravide a safe and efficienC means of crossing far pedestrians, cyclists,
and local vehicular traffic. The configuration for such a roadway is
included in a planning report prepared for the City several years ago
relating to this overall Dodd Road/Trunk Highway 110 development
questian. Ii is also true that the significant developments being
planned, some of which are in place, for the properties in the vicinity
of Dodd Road in Eagan south of Highway 110 suggest that the traffic
volume on t�odd Road in Mendota Heights will increase substantially
beyond the 10,000 vehicles per day estimated five or six years ago by
MnDOT. This low prajecied count was the reason far MnD(�T prapasing
that the alignment for podd Road remain on its existing 66-foot
right-af-way. �
8. Mr. Birch has indicated his exireme interest in getting this land division
approved quickIy due to persanal economic concerns. Though the
division as praposed appears logical, we are concerned about the imptied
approval to the veterinary clinic expansion. This expansian can occur
only after the appropriate processing of a conditianal use permit,
including public hearings, Such a hearing has generated considerable
interest on the part of other land owners in the area in the past. Mr.
Birch will be at the Planning Comcnission meeting ta explain his
proposals and concerns himself. It would be helpfui if inembers of the
Brian Birch, Case No. 89-45
Page 3
Planning Commission and Council could view the site prior to the
meetings.
At one point, Mr. Birch indicated to the staff a few months ago that
he had other users for the remainder of his land. It may be
appropriate to question Mr. Birch regarding this potential at this time.
It may be important in this case because of the highly unusual shape of
the land making it difficult to develop efficiently. That is why we
have consistently recommended that the remainder not be planned for
use until such time as the configuration of the ultimate right-of-way
vacation (if any) is determined. The land is zoned B-2 to the
centerline of the MnDOT right-of-way both north and south of Highway
110. This was done with the intent that if the new bypass would be
constructed, the business zone would be confined to the west side of
the new highway alignment.
9. We suggest that decisions involved here would be best made if the land
division for the purpose of adding it to an existing site be considered
at the time the proposed expansion of the site is reviewed. We are
concerned that "approval of the division that creates a lot not
developable by itself is a de facto approval of expansion for the site
being enlarged. If, however, Planning Commission and Council Members
are willing to risk this expansion question, it would appear that with
some commitment to the handling of drainage and assuming that a
variance could be processed for the rear yard setback of the existing
clinic, the land division may be appropriate.
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Applicant Name:
Address:
�
� C ity o�
1Viendota Heights
APPLICATION FOR CONSIDERATION
_ �' OF
: � � .;.;: PLANNING REQUEST
�• Case No. � q — ��
� � �� Date of Applicadon ' B
. . .. ��:r Fee Paid �'� • �J • �ol a a.'�i �
'�� ��7—/ �-3Y �
�/2�� . ' .�.�—�.�i� ,� PH: �SZ- ZLl,o la f�
(i,asc) .. ., (F'usc) (Iv� - _
7SS G�i G_•i._I-�d f�-�+� E ///£�A. �'�O TS %y%! SS// Q
(Number & Street) . (City) (State)
Owncr Name: �ir�� + /.�.�irr�r L
�t� .. �ust� cMn
Address: J�.�� � � �� o�.c
(Number & Street) (City) (State) (Zip)
Street Location of Property in Question: �oro,� ��/���� �A .
Legal Descripdon of Property:
Type of Request:
�. Rczoning Variance
Conditional Use Permit � Subdivision Approval
Conditional Use Permit for P.U.D. Wetlands Permit
�_ Plan Approval Other (attach explanadon)
Comprehensive Plan Amendment � �
Applicable City Ordinance Number
Section -
Present Zoning of Property h' `L Present Use l�i�A-�- � �
Proposed Zoning of Property Proposed Use _
I hereby declare that all statements made in this request and on the addidonal
material are we. ` r.
(Signature of Applicant) - .
/ Z S—�'�
(Date)
(Received by - Title)
1101 Victoria Curve -1Viendota Heights, 1ViN • 55118 452 • 1850
CITY OF MENDQTA HEIGHTS
NOTICE OF HEARING
December 6, 1989
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that the Mendota Heights Planning
Cammissian will meet at 7:45 o'clack P.M. on Tuesday,
December 26, 1989, in the City Hall Council Chambers, 1101
Victaria Curve, to consider a request from Brian Birch far
the subdivision of the followa.ng described property;
That part of the Nor�hwest Quarter (NW 1/4) of Section
25, Township 28 North, Range 23 West, lying We�t oi the
Westerly Right of Way line of the new State Trunk
Highway No. 149, South of Freeway Road, North of the
Northerly Right of Way 2i.ne of State Trunk Highway No.
110 and Easterly of the Easterly line of Einess Additian
as recorded in the o�fice af the Register of Deeds,
Dakota County, Minnesota, containing 1.Q5 acres,
�
That part of new State Tr�nk Highway No. 249 ly�.ng
between the easterly extension af th� narth line o� the
above-described tract, and the easterly extension af the
south line of the above-described tract, subject ta
highway easement, all in said NW lj4 of Section 25,
Township 28 North, Range 23 West, Dakota County,
Minnesata.
More particularly, this property is located i.n the southeast
quadrant of Dadd Road and Freeway Raad adjacent ta the
Mendota Heights Animal Hospital.
This notice is pursuant to Ca.ty of Mendota Heights
�rdinance No. 301. Such persons as desire ta be heard with
reference ta the prapased preliminary plat will be heard at
thi� meeting.
Kathleen M. Swanson
City Clerk
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7, 1989 Tuesda�
Dear Neighbpxs, �
•' Th�s has been a day full of toa mvch activity and too much stress.
My secretary, Ann. (my only mp3ouael w�s otzt of towti., an attenrpted burglsry
of the animal hvs,pita2 caus�much window damage, thea work started on the
Zarad adjacent to my anima2 hospitaS cvhich causes �a to cammun�cate w�th �oe�.
fihis in.�ormation .Zet�er about the Zand activities next daar is a quick
communicatjon fram my head to �he typewriter. Please excuse the grammer
and sentence structure. Z do want to shar� wi�h you what is gofng on befo.�e
rumors get started.
The awner of the praperty, Brian Hirch, has been trying for sorr.e years
to sell �he 1and. Mast2y because taxes on this commercial property are costin g
him I,b00 �early but the praperty does nat seem ta be increasing in price at
the same rate. �
. I have offered to purchase�a triangnlar piece of property adjacent to �
' my� an.imal haspital as shawn on the enclosed pages. P.�ease disxegard bsa.ilding y
drawrz behind Tam fihumb . No pZans exist for such stzuctrues. � a� �
' The Zand I w.ish to purchase would expand the animal,'hospiteZ to �, %o '
aZlaw CAT baardi _ t�'oo��ruch,work and naise) �`'�
Also, Four Paws Grooming would be moved to enter off Freeway Road. s
- The addition would a.Zso g�ve me a Iarge garage to hause�a��mobiZe veteirnary N� �
van. I DO NOT expec� an� significant change in zraft'ic volume. ��,
: � � � �
'.� � As some of you are aware, another vetezinar,tan was operating Parkview ���'
.��;;?; Cat Clinic from my faa3lir�y eariler this eysr. • He wiZ1 NOT be � e part af Lhis �
, .,...expansion. = • • .
�. ` Z would be most happy to share with any of �ou rm� bu.i.Iding plans
as they develop{ with Langer Canstruction Campan�. The c,ity wilZ formally ;
notify �ou this winter as I app2� for acceptance of the�addit.ion.
, But. Zet me make a few commen�Cs on the expansion: - '.�
."•� � Z. No exterior sjgns .Zike those of 2'om Thuurb wi�2 be added.
'� .; � Na ad�itional signs at alI are planned. I like'the Iow
� . key approach. � �
• 2. Same brick constructio.�.
��• � 3 Lmts af trees to sofen the effect of ;the addition for trie
. `. �� �;`; MilZer's arzd Chzistaphersons,
, At this point ir� the deve2opmerzt of the Birch praperC� I know af no
�cmm�ercial businesses interest in Lhe Iand behind my animaZ hospital and
Torrt Thumb. .
The earliest any add.%tion would be added to my animal haspital wi11 be
next spring. 3'he winter W2Z.I � spen� with pubiic hear.zngs, pZar� deveZgments,
and getta.ng t he proper•permits.� ` .
''�� P2ease feeZ fre� ta stop b� to see the pZans
:�;.; ,please fee2 to express any concerns.
• ' Yours truly,
, � . •
fox thfs addition and
� - -�--�� _ . �/� y 3�5 �
Thomas Edw�n ICoepke DVM •
-v
C lty O�
....... 1Viendota HeightS
December 20, 1989
Dear Mr. Birch:
Your application for a ��C�`f 5�,, � ck �✓ i S c ��
will be considered by the Planning Commission at their next
regularly scheduled meeting, which will be held on Tuesday,
December 26, 1989. The Planning Commission 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
Commission consideration.
If you have any questions, please feel free to
contact me.
Sincerely,
�.�.�y�,-, ./�c����-�-�'�.
Kevin Batchelder
Administrative Assistant
1101 Victoria Curve • Mendota Heights, 1ViN • 55118 452 • 1850
C ity o�
.,..,. • 1Viendota HeightS
December 29, 1989
Dear Mr. Birch: ,
Your application for a��, ivc��� v�S l�+•� L(�'�«��1� ,�� �r' �Utj��
�
will be considered by the City Council at their next
regularly scheduled meeting, which will be held on
Tuesday, ��„� ��� 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.
kc�
The Planning Commission recommended {� ct�pr�:��-e
� ' c- �,U�� cj L> C7 CX l 11 l S � O Vl - C) ' ` fA 1.:�% l Q V�
�GL r-�SL VUIc� a CS:c� ��/ �(- /-C.7 -�� LV t��ti _ C�� r� �1 � T�C o vLS _
ci. �Lc I,.k.c� �'•c�n y o t � ✓►�t c Irt v�S ,
If you have any questions, please feel free to
contact me.
Sincerely,
((,c.�—�� �G��,�.�(-�1 �
Kevin Batchelder
Administrative Assistant
KLB:kkb
cc: Dr. T. Koepke
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
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L � � `l ,����
��t 1aa�wega'�
Iadivldual to Individual
Form No. 1� l�l Mlllez-Davie Co., Mlnneapolle. Mlnn.
Minneeota Unitorm Conveyancing Blan{ce (1931)
�' � •
.✓ ��ji� �ttber�ture� .Made this--•-------�--,�---•------=--daJ o��/�/._G i%.�j�/Z-•-----, 19.73--
� between_...�-�.L. Fischer__(A.widow) -
-- - - -- - - - --- ---------------•--------------- `---------------------------------------•---------------•-----------•---------•--------
i "`
i --•
i•
' of the Count�J of --------------------Aal�ota_..------------------•----•-----and State of_----------M?-ni7.��Ot�---...---------._._...-----------------�
pdrt3'.---.. of the first pdrt, arcd--------Brian-L-'---Bl�'��?---•-------:;---•---------------•------------------...---•---------...----•---•--•--•-------------
----•--------------------•------ ---------------•--•---------------------------------------------••--------•---•--•-------•---------•--------------------•---- -
iof the County �f ---------------Da�ot?----------------••-------------------and State of_-----------M3,n��sota------------..__..._._....-------------�
� p¢rt�_____ of the second part, '
�ittteg�eli�, Thdt the sdid p¢rt_.y..._ of the first part, in consiaeration of the sum of
_________.One Dollar___(�1._00�__and. other__good__and_ yaluable_.consideration___-------�(}���1�;--
- -- -----------•-- -
to_____________ her___________________....__in hdnd paid by the said pdrt__y__. of the second p¢rt, the receipt whereof is
hereby acknowledged, do___es. hereby Grdnt, Bdrg�iin, Sell, dnd Convey unto the sdid pdrt_.�________________________
of the second part______________his___.__._heirs dnd assigns, Forever, dll the trdct____ or pdreel_.__ of ldnd lyin�s
a�ad bein� in ihe County of__________________Dakota___._____.._....______.....and State of Jllinnesota, described as follows,
to-zvit:
Tha.t part of the Northwest Quarter (NW
28 North, Ra.nge 23 West, lying West of
line of the new State Trunk Highway No.
North of the Northerly Right of Way lin
110 and Ea.sterly of the Easterly line o
in the office of the Register of Deeds,
containing 1.05 acres,
and
1/4) of Section 25, Township
the Westerly Right of Way
49, South of Freeway Road,
e of State Trunk Iiighwa.y No.
f Einess Addition as recorded
Dakota County, Minnesota,
That part of new State Trunk Highway No. 49 lying between the easterly
extension of the north line of the above-described tract, and the
easterly extension of the south line of the above-described tract,
subject to highway easement, all in said NW 1/4 of Section 25, Township
28 North, Range 23 West, Dakota County, Minnesota.
Tax Statements for Real Property
described herein shall be sent to:
Bria.n L. Birch
755 Willow Lane
St. Paul, Minnesota 55118
r t ? .;�-r-- ^F •. -- � r —
y :.M '1^:
- � E������i� � ',, '-`�,�....''• :.� _• �; �. ,_
~= ' �svUtf� �M `,_.�•:,� .r..-:, i�.:ft _
` _ :r'��;��. — _
State Deed Stamps Due in th� �u�of?�:�—':� '`!�`� _=
"' N ST,��iP sE{zu•�s ='.��=.. � � .�5. � 't� _
�iu �abe anb to �oib t�je �ame, Ta�etl�,��vi#.is.alLth�gg,hi�a�ditaments ¢nc�purten¢ncec
thereunto belon�in�,�r in anywise appertdinin�, to the said pdrt_y____ of the second part,_____ his_________________
heirs and assi�ns, Forever. .lnd the said._____..Alma__L.._Fischer__.(A__widow)___________________________________ __________________
------------------------------------------------•----------------------------------------•-• --------•-----------••----------------------------•--• ••--•-•--•--------•-•-•••-• •-•-•--• •-----•--•-----
pdrt___�__ of the first part, for_..__herself1__her______________________heirs, executors and administrators, d.o__.es.__
covendnt with the said part_�r_.._. of the second part, __his_..._heirs and assi�sns, th¢t...___.__._she__ is_________________
well seized in fee of the ldnds and premises ¢foresaid, and ha__�._______________ aood ri�sht to sell and convey the
s¢me irc manner ¢nd form aforesaid, and tlaat tlae sdme are free from all incLambrances,
O ' •'� �
CITY OF MENDOTA HEIGHTS
IU��U��;
De ce mber 28 , 1989
T0: Mayor and City Council
FROM: James E. Dan' n
Acting City Ad ' trator
SUBJECT: Public Work Personnel Changes
DISCUSSION:
Last month Fred Pfeiffer the City's mechanic requested to step down
from the mechanic position to a maintenance worker position. Fred has had
some health problems that are aggrevated by performing some of his mechanic
duties. After we received his request we then posted his projected
vacancy according to contract requirements. Len Kan3.tz, the Road and
Bridge Leadperson, was the only person to apply for the position. Len's
leadperson position wa.s then posted and Dave Sorby was the only person to
apply f or that position. .
These changes are totally "in house�', and Public Works Superintendent
Tom Olund and I both f eel they will be f or the betterment of the department
(see Tom's memo).
RECOMMEND ATION :
Staff recommends that Council authorize the following changes within
the Public Works Department effective January 3, 1990:
NAME
Len Kanitz
Dave Sorby
Fred Pf eiff er
ACTION REQUIRED:
PRESENT POSITION/1989 PAY
R. & B. Leadman/$13•51
R. & B. Maintenance/$10.80
Mechanic/$13 • 51
NEW POSITION/1989 PAY
Mechanic/$13•51
R. & B. Leadman/$13•51
R. & B. Maintenace/$12.90
If Council desires to i mplement the staff recommendation they should,
pass a motion authorizing the changes.
JED:dfw
CITY OF MENDOTA HEIGHTS
�� �
T0: James E. Danielson
Acting City Administrator
FROM: Tom Olund
Public Works Superintendent
SUBJECT: Public Works Personnel
DISCUSSION:
December 27, 1989
Due to health reasons, Mechanic Fred Pfeiffer has requested that he be
allowed to step down to a maintenance worker position. The restructure of
positions, effective Janua.ry 3, 1990, are as follows:
Len Kanitz will assume the position of Mechanic with no pay adjust-
ments.
Fred Pfeiffer will assume the position of Maintenance Person in the
Street Depar tment with a decrease in salary to $12.90 per hour.
Dave Sorby will assume the position of Street Department Leadperson
with an increase in salary to $13•51 per hour.
CITY OF MENDOTA HEIGHTS
MF��IO
,
December 27, 1989
T0: Ma.yor and City Council
FROM: James E. Danie so
Acting Ci A ' strator
SUBJECT: Cable Commissioner Appointment
DISCUSSION:
v-�-�^-w d�..,�. +�"`°��"
v
� a,4�„ ,�w,��.-.
Mendota. Heights has not had a City Council member on the Cable'Commis-
sion (NDC4) since Liz Witt resigned. Council considered an appointment at
an earlier meeting, but was unable to find a volunteer and tabled the matter
to January. The NDC4 is eager to have Mendota Heights appoint a represen-
t,a.tive ( see atta.ched letter from Holly Hanson) .
ACTION REQUIRID:
Appoint a City Council member to serve as the Mendota Heights represen-
tative on the NDC4 Commission.
JED:dfw
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
, � 1535 livingston, Suite 101
West St. Paul, (viinnesota 55118 612/450-9891
uecer�eer � ^ � y�y
�1r. �i� J1Ii��I�l7�
Ac��na �itv Admin;s�ra��r
��� i tv of i�iendota i-:e , aht �
� 101 V ictoria �.::ur�•�e
Mendo'r.a F;e i ahis . yi�i 55 i���
uear Mr. D3nieison:
As we aperc,acn 199:: , i L i s i i me ror �lenaeta He i ghT s ta �G�O1 f1T t"EG!"E58ilLdL i VES to
�ne Northern Ua�:Qi,� Ccuniy Cabie Ccmmunications Commissian fNDC4i ror the new
year. �er our ��int N:lwers AareemenL autnorized under t�iinn�sota Statutc 233.Ou
SUbd. 5; �3�!'i Ra9�l?uE!' C��V i S ent i L 1 ed 't,0 aDDOI f! � LHlC representai i ves LO N�L'4.
One of trese reoresentatives musi be a ci�v �ouncil me�nber. �re ot�er
r-epi-esenta�ive can be any ausli � ied vcier resiciina with�n your m�:n iGlG8�1LV.
ihese appointments shc�id be �;ade by a resoiuti�n af tne itiendor.a Heian�s G�L;�
�ouncii ar,d piacec on your upcorina A��enda.
NDC4 nolds meeiings on t�e =arst NeGnesday :,r evarv inc,nt� a� i:3G o.:n. �ie 3sk
LtiaL t'?DI"2SEnL3tl'•!BS 2�L�nd c5 �!'13f1V 77 �:`IES� ITtEnt? Ci�S d5 DCSS i b I �, BtIG LG SLcV
1 flformed t3fl iVul:4 c�L l`J? � 1 ES 4:;'iE�l nCL 1 n at �endance hV readi na i.flE Ml I^�t25 3^�
:�L�lot' 7t3tEt'1d�5 �I'i�� 3� � inG �Lld?C� ill h1U1:4 (11:.nL1"i IV 71EEi, ifiQ D: CriELS.
AS 'r18 have �t'E`JICJSIV CIISC!i552C�. A'IEIlC7�3 I�eignis 1S C:11"r�t1L�V ShJrt d GOUi1Ci�
represerrta�ive te NGC4. we asF, �hat ycu make an a�po;nt�eni io Tiii znis vacancy
at vou^ earliest ODDO�tunitv.
Jn�e �iendota Nei�nts h3s made �is aocoin�ner,t; Llease �enrirm in wri�ing and
�ncl�de the apeoin�ee': n�;�e; andr�ss, a�d dayt�m= ci�cne r.�mber for- our mail?i'ip
IISt. ShOU�� VOL' Y13V@ dnV dU8SL1C�f1S reaardina �h1S app�i�tment; e7esse �31� �2
at 3ny T. iRIG. I Il'G'?fC VfitJ for yc•ur actior: on ti�?s :natier.
Yours tri.lv.
Cf.l��`-''
Hol l �� Hansen
Executive D1rECL��r
/i
cc: Mavor Charles Mertensotto
�
CITY OF MENDOTA HEIGHTS
MEMO
December 27, 1989
T0: Ma.yor and City Council
FROM: James E. Dani ls
Acting C' y strator
SUBJECT: Street Ligh s at Mendakota Drive
DISCUSSION:
Mendakota County Club has requested that a street light be installed at
the intersection of Mendakota Drive with Dodd Road (see attached letter).
RECOI�IENDATION:
Sta.ff recommends that the Mendakota Country Club's request be granted.
ACTION REQUIRED:
If Council desires to implement the Mendakota Country Club's request
they should authorize sta.ff to order Northern States Power to install the
light.
-y�J,k.e'
JID:dfw
2075 Mertdakota Drive • Mendota Heights, MN 55120 • 4542822
December 15, 1989
Public Works Department
City of M��ldota �Ieiyht�s
Mr. Jim Danielson, Director
110i Victoria Curve
Mendota Heights� MN 55118
Dear Jim,
As a follow up to our canversa�ion, please be advised that Mendakota Country
Club and our neighbors on Mendakota Dri.ve and Mendakota Curve would like ta
�ee the installation of a street light at the intersectian of Dodd Road and
Mendakota Drive.
It is a rather dark intersection, hea,vily �ravelled by members, emplayees and
guests alike� and far a new street the name is not identifiable in the
evening.
We appreca.ate your hel� in this matter.
Sincerely,
QltitA �
Hans Lefeber
General Manager
Mendakota Country Club� Inc.
JSLjjs
�
CITY OF MENDOTA HEIGHTS
�� �
T0: Mayor and City Council
FROM: James E. Da o
Acting Cit Ad ' i ator
SUBJECT: Air Noise
DISCUSSION:
December 28, 1989
There are two issues that need to be discussed about air noise this
meeting, Mr. Jon Hohenstein's Air Noise memo and noise monitor locatior�:
Jon Hohenstein's Memo
Last meeting Council was provided copies of Jon Hohenstein's 17 page
memo to MASAC. Since that meeting, staff contacted Dr. Braslau about the
need for a Mendota Heights response to Mr. Hohenstein's memo. Dr. Braslau
contacted MASAC Chair, Walter Rockenstein, who feels that a Mendota. Heights
response is necessary. Dr. Braslau and Mr. Collette are currently outlining
a response and plan to meet with staff in a strategy session before the next
City Council meeting to finalize a draft. The Braslau response will then be
available for Council review at their January 16th meeting.
Noise Monitors `
MAC is currently locating noise monitors around the Metropolitan Air-
port and is reviewing proposed locations with the communities involved.
Dakota County desires to send a consolidated letter to M.A.C. designating
the locations for a11 permanent and temporary noise monitor locations within
the County. They have asked individual cities to send requested locations
to them f or consolidation and their submittal to M.A.C. M.A.C. suggests two
permanent monitor locations within Mendota Heights, one in the Furlong
neighborhood and one in southern Friendly Hills, our noise consul tants agree
with these two locations.
Staff suggests six temporary locations be designated in the following
neighborhoods: Curley, Friendly Hills, Freeway Addition, Crown Point, Kopp-
Gearma.n, and Tilsen (see attached map). Note: Noise monitors are to be
installed only in residential neighborhoods.
ACTION REQUIRID:
Review suggested noise monitor locations, give staff direction on any
changes and authorize staff to send a letter to Dakota County listing loca-
tions.
�� JED : dfw
CITY OF MENDOTA HEIGHTS
MEMO
January 2, 1990
TO: Mayor, City Council and City Administrator
FROM: James E. Danielson, Public 'rector
SUBJECT: Union Negotiations Update
Information on Union negotiations is the only item with
additional information being submitted for tonight's meeting,
therefore, thexe is not an add-on agenda prepared. Please
work from the blue agenda sent to you earlier.
DISCUSSION
Discussions have continued with the City's two labor
unions, police and public works. Staff has received a
proposed contract from the police union and the only changes
include a four �ercent (4�) wage increase and a$20.00
insurance benefits increase (to $225.00/per month.) The
public works employees viewed last meeting's Council
discussion about their contract on television and have
rejected the four percent (4�) wage, $20.00 insurance
benefits offer (see attached). They continue to request a
$10.00 increase in their clothing allotment.
Because of the outcome of comparable worth, public works
employees have received a lower wage increase than the rest
of the Cit� the past two years. The� also currently receive
less clothing allotment than the police.
RECOMMENDATION
Staff recommends that Council authorize the Mayor and
the City Clerk to sign the police contract as prepared and to
offer public works a four percent (4�) wage increase, $20.00
insurance benefits increase and a$10.00/yr/employee clothing
allotment increase.
ACTION REQUIRED
If Council desires to implement the staff
recommendation, they should pass a motion authorizing the
Mayor and City Clerk to sign the police contract and then
come to a concensus on whether to offer the public works the
additional $10.00 on clothing.
JED:kkb
` Attachment
L C�4r — .... � v � w � .✓ � w -� � . . • . . .� . . • . ._.. . ' " ._ _.._ _ '_ ..
X
� ..h, �`' ��� . iTiINI�E��T� �E���T�RS F�S�IG & �AW ENFORCE��NT ��P�QYEE� �'NI4N
� ,
I �_ � ���A�xo,��o
affiliated wfffi rhe
•' �� INTERNATIONAL BRtiTHERHOOD OF T£AMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA
G_ . _
3fl01 University Avenve S.E.—Minneapotis, Minnesota 55414-� Fpx (6tZj 33t.89qg
Phane (612) 331-3$73
December 27, 1989
Mr. James Danielson
Acting City Manager
City of Mendota Heights
?50 Sa. Plaza Drive
Mer►�oda Heights, Mn 55124
RE: 1994 Public Works Cantract
�ear Mr. Danielson:
a��:i� �:�;,�+:
�• _..
.�'''�._ a1�ilti
.�:.:. ;
p,�;��
v :�':''�� t'r
r,t�• ._ ,;'
��1�: �"t
�,r
As p�er our telephone conversation this a.m., we are aware of the
Cityts position concerning no increase in the c3.othing allowance
fvr the year i990.
This is unacceptabl.e to the bargaining unit in light of the fact
that no�t only daes the City of Mendota Hes.qhts suppiy all of the
clothing for Police of£icers, but also $175.00 annual maintenance
ali.owance . .
Please refer tca my December 7, 1989 letter and after the Ci.ty '
considars their position, please advise.
If yau have any questians please feeZ free to contact our office. �
sinc�relyJ
TEAMSTERS LOCAL NO. 32Q
�� �
�� � a �
Lawrence M. stia
Busa.ness Age t
rsr�a/ ] mm
oPE�cv—� �.a
ce: Terry Blum
�:
Uni#ed TO Protect
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� City of
Mendota Heights
December 20, 1989
Dear Mr. Spanjers: /' e.6 -7 -0A -,f
Your application for a `'�,�.Z-fL1��L,--c5=5
will be considered by the Planning Commission at their next
regularly scheduled meeting, which will be held on Tuesday,
December 26, 1989. The Planning Commission 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
Commission consideration.
If you have any questions, please feel free to
contact me.
Sincerely,
Kevin Batchelder
Administrative Assistant
1101 Victoria Curve • Mendota Heights, MN • 55118 452.1850
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