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1990-10-021. Call to Order 2. Roll Call 3. Agenda Adoption 4. 5. � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA OCTOBER 2, 1990 - 7:30 P.M. Approval of August 21st Budget Workshop Minutes, September 4th and 18th Minutes Consent Calendar a. b. c. d. e. f. g- h. Acknowledgment of the September Code Enforcement Report. Acknowledgment of the Draft Planning Commission Minutes. Approval of Final Plat for Victoria Highlands 9th Addition - RESOLUTION NO. 90-71 ''i Acknowledgment of a Speed Reduction Request�for Delaware Avenue. � Acknowledgment of an Update on Lindberg-Pierce City Hall Issues. Approval of the Annual Halloween Bonfire. ' Approval of the List of Contractors. � Approval of the List of Claims. � End of Consent Calendar Public Comments Hearinqs � a. Furlong Area Public Hearing - RESOLUTION NO. 90-72 - * 8:00 P.M. * t b. CASE NO. 90-31: EFH Company - Batesville Casket - * 8:15 P.M. * Minor Comprehensive Plan Amendment Rezoning - - Minor Comprehensive Plan Amendment - RESOLUTION NO. 90-73 � - ORDINANCE NO. 271 - An Ordinance Amending Ordinance No. 401 'I - Approval of Site Plan and Authorization of Issuance of Building Permit - RESOLUTION NO. 90-74 i c. CASE NO. 90-24: J.A. Development - CUP for PUD * 8:30 * P.M. CAO Review 8. Unfinished and New Business a. CASE NO. 90-34: Wildenauer - Wetlands Permit b. CASE NO. 90-33: Solem - Variance c. CASE NO. 90-32: Iverson - Variance d. Dodd Road/Trunk Highway 110 Bike Trail Problem. e. Sibley Park Update. f. Comparable Worth Adjustments. 9. Council Comments 10. Adjourn � ; � CITY OF MENDOTA HEIGHTS MEMO October 2, 1990 TO: Mayor and City Council FROM: Tom Lawell, City Administ��er�� SU&TECT: Add On Agenda for October 2nd Council Meeting ' I Attached, please find the revised agenda for tonight's Council meeting. Item 7c. has been added to the hearing section of the agenda (*). Additional information has been submitted for item 7a. under the hearing section of the agenda (**). Iteni 8d. has been deleted from the unfinished and new business portion of the agenda. 3. Aqenda Adoption It is recommended that Council adopt the printed on pink paper. 7a. 7c. Furlong Area Public Hearing Please review the attached memorandum. CASE NO. 90-24: J.A. Development ised agenda This hearing was originally advertised for thi's evening but this item has not yet received Planning Commission action. It is recommended that the hearing be continued to the December 4,'1990 meeting at 8:00 o'clock P.M. � 8d. CASE NO. 90-35: Duqqan - Aetlands Permit At the request of the petitioner, this item from the agenda. NITL: kkb be deleted � CITY OF MENDOTA HEIGHTS " MEMO October 2, TO: Mayor and City Council FROM: Tom Lawell, City Adminis��;;��" SUBJECT: Additional Information - Furlong Area Public Hearing DISCIISSION Staff has received two communications from property owners affected by the Furlong Area utility project.,being discussed this evening. Details are as follows: I 1. Mr. Odell Ostertag owns a vacant 1.8 acre parcel located west of Highway 55 and south of the proposed new Highway 13 alignment. Mr. Ostertag has submitted a letter (see attached) which outlines his concerns regarding the � proj ect. ' 2. Mr. and Mrs. Norman Frazier own property at 1280 Lakeview Avenue. Mr. Frazier recently passed away,Iand his son, Mr. Jim Frazier, has inquired about the possibility of the City purchasing the property. Mrs. Frazier intends to move to Roseville to be closer to her family. ACTION REOIIIRED The above described comments should be acknowledged as part of the public hearing scheduled for this evening. Feedback to Mrs. Frazier regarding the prospect of purchasing her property should also be provided. � MTL:kkb C�'� ��.�,t..:�' �;�.� �`-c�,c.cr�� - j�- ��?.E�..�c-�� U �/;,� � ---�--�'�� ./ ,. � , , f �� ,� �� '�� C%�-�.� , . �� ,� - . _ C?�� Z �-� .. � , .� � . �� a.�� /� � � , .�. � �� . � , �� ,-�� . � -�-� �' � - .�� ° � /� � �� - - -. �a.� �, ��.� �-�� - _...--- _..- .---� =. - ✓�./ ._ � __ .-- -. ._ _.. :_.._ _.- i'�__ _�_�_---- -- --- U -- � , . -� ---------. .. . ._.. _....---- �---�, ---- --� -�t�_ ._.0�� ✓_ c-6� .� .. . . _Z.� �-�t,(�. .. _.. , - --- ---- � �.....�-c� "� ', :. � -� - -- � � - - --�-- ----G�:-- - � - -� -� -�---- --��-�. . • : . . ,, .. . . . {.��;*=;.�:�:��:�i�.�� ..;�.�� w;; _. __ -- --------.._ .__ _ _ _ __. �_. : _. __.... . J - -- _ �� .�r��c 1_�%',� ..,. •�:::<:K>: :� c'. �i?- - �^ .�c�c,� � �� .��—� � - �---� � � -� - �, �-r.u�.� - I �� . ..- -- - - ----� - � :.�—�'.._�!v.. _ __._. �.....---. _ -�� . �c�� c��.. C%�`�!�. . -- --- . , _ - - G� .. .._......_ _�'�/_ � , � , %, � � i � � � � -� . ` � - ` .` � / � � i ' �` / , � i • • w �: .�l^� ��—��i� �.� � �� - �` �� , � � �- ' �� --�L-G��-!�•� 7fLB .�c_1.— :�-t� O .. ��i� r � . �. , �--- I C��'�-a.��c--�i G��,� , - - - - .� �� ,�,�.c� . � � c��.�i.t - - - _ ._._ . . .. _ _ ._... . ��-��' .-� ��.e.� �/ .�r.c.c-Q� ��n Q,�,,c./1�-�-�=(/ � � _ . ... - - - -- . , a . I ti:�; fi't4"„ a�: . . ti.'Gw:::?��.`��'`�%RG=1�:.... • `;r:.i..: .�ti`.'��{?Si V� CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA OCTOBER 2, 1990 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of August 21st Budget Workshop Minutes,! September 4th and 18th Minutes f 5. Consent Calendar a. Acknowledgment of the September Code Enforcement Report. b. Acknowledgment of the Draft Planning Commission Minutes. c. Approval of Final Plat for Victoria Highlandi 9th Addition - RESOLUTION NO. 90-71 d. Acknowledgment of a Speed Reduction Requestlfor Delaware Avenue. e. Acknowledgment of an Update on Lindberg-Pierce City Iiall Issues. f. Approval of the Annual Halloween Bonfire. g. Approval of the List of Contractors. h. Approval of the List of Claims. End of Consent Calendar j 6. Public Comments 7. Hearincts a. Furlong Area Public Hearing - RESOLUTION NO. 90-72 - * 8:00 P.M. * I 0 b. CASE NO. 90-31: EFH Company - Batesville Casket - * 8:15 P.M. * Minor Comprehensive Plan Amendment Rezoning - ! - Minor Comprehensive Plan Amendment - j RESOLUTION NO. 90-73 - ORDINANCE NO. 271 - An Ordinance Amendirig Ordinance No. 401 - Approval of Site Plan and Authorization of Issuance of Building Permit - RESOLUTION NO. 90-74 8. Unfinished and New Business a. CASE NO. 90-34: .Wildenauer - Wetlands Perniit b. CASE NO. 90-33: Solem - Variance � � � c. CASE NO. 90-32: Iverson - Variance � i d. CASE NO. 90-35: Duggan - Wetlands Variance � e. Dodd Road/Trunk Highway 110 Bike Trail Problem. f. Sibley Park Update. i g. Comparable Worth Adjustments. 1 9. Council Comments 10. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Budget Workshop Held Tuesday, August 21, 1990 Pursuant to due call and notice thereof, the budget workshop of,the City Council, City of Mendota Heights, was held at 6:00 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minlesota. Mayor Mertensotto called the meeting to order at 6:00 o�clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Anderson, Blesener and Cummins. Also present were the City Administrator, Treasurer, Public Works Director, Police�Chief, Assistant Fire Chief and City Clerk. I , Administrator Lawell reviewed the Administrator's proposed budget for 1991, informing Council of the projected tax affects of�the proposed and anticipated levy. Administrator Lawell also reviewed the contingency and add-level items and the five-year capitol operating and capitol improvement programs. Council reviewed the`individual department and fund budgets, and Administrator Lawell and the ; department heads responded to questions from Council. � � It was Council consensus that it be a policy that various members of staff who have significant public contact attend publiclrelations/ interpersonal communications seminars. It was also the�Council consensus that the mere fact that items are included in the capitol operating budget does not mean that they are approved. Council directed that the DARE program be included in the Police Department major objectives and work measures. � , With respect to a request from the fire department that,hourly increases be in the form of a 25 cent per hour rate increase rather than the requested increase in fire relief contribution� It was the consensus that the proposed legal con $5,000 and the air noise consultant allocation ( increased to $10,000. be reduced by budget) j be There was discussion with respect to the proposed Dakota County GIS allocation. Staff informed Council that the anticipated 1991 costs would be for aerial surveys and ground surveying. Staff felt that the aerial surveys are necessary because the information they provide is necessary and the existing surveys are very old and outdated. , � ADJOURN There being no further business�to come before the Council, Council adjourned to its regularly scheduled meeting. � TIME OF ADJOURNMENT: 7:25 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor � Page No. September CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 4, 1990 2891 4, ( 1990 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at.7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Mirinesota. Mayor Mertensotto called the meeting to 0 The following members were present: Mayor Anderson, Blesener, Cummins and Hartmann. AGENDA ADOPTION Ayes: 5 Nays: 0 CONSENT CALENDAR rder at 7:30 I'clock P.M. Mertensotto, �Councilmembers 1 Councilmember Hartmann moved adoption of the revised agenda for the meeting,� as amended to move item 4f (Lexington Heights;Apartment bond refinancing) to the regular portion of the agenda. � Councilmember Cummins seconded the motion. � I 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 draft minutes of the August 28th Planning Commission meeting. b. Acknowledgment of the code monthly report for August. c. Acknowledgment of the quarterly engineering project report.� d. Acknowledgment of a letter from Stanley Dupre, 564 Miriam, objecting to his' proposed assessment (North Ivy Hills project) and the hearing pricess. e. Adoption of Resolution No. 90-63, "ADOPTION OF THE CITY OF MENDOTA HEIGHTS FLEXIBLE BENEFITS PLAN." • � , � f. Approval of the installation of street lights in the Deer Trail Hills Addition by the developer at the locations proposed in ,a plan submitted with the agenda. Page No. 2892 September 4, 1990 g. Approval of the list of contractor licenses dated September 4, 1990 and attached hereto. h. Approval of the list of claims dated September 4, 1990 and totalling $147,077.95. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 LEXINGTON HEIGHTS Ms. Barbara Portwood, from Holmes and Graven, REFINANCING and Mr. James Riley were present with respect to Mr. Riley's request for approval of the refunding of housing revenue bonds for the Lexington Heights Apartments. It was noted that the original request was for refunding but that there is an additional handout document this evening which, if authorized, would allow Mr. Riley to proceed with an amendment to the original bond documents if this is ultimately preferable to refunding. Mayor Mertensotto informed Council that he has met with Mr. Riley to discuss the City's fee and that they have arrived at a compromise figure of $15,000, regardless of whether Mr. Riley decides to amend the original documents or refund. Mr. Riley confirmed that he agrees to a$15,000 fee in conjunction with his application. Councilmember Cummins asked whether the City's legal counsel has had the opportunity to review the alternate (handout) resolution. Acting City Attorney Lloyd Grooms stated that he has not, but that in the event that the existing documents are`amended, the developer would expect to come back in the future for refinancing. Councilmember Cummins moved adoption of Resolution No. 90-64, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (FHA INSURED MORTGAGE LOAN - LEXINGTON HEIGHTS APARTMENTS PROJECT) SERIES 1990A (THE "BONDS"), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PLEI}GED THERETO; APPROVING THE FORM Ayes: 5 Nays: 0 FURLONG PETITION Page No. 2893 September 4,�1990 OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A LOAN AGREEMENT, AN AMENDED AND RESTATED REGULATORY AGREEMENT AND A BOND PURCHASE AGREEMENT; APPROVING THE USE OF AN OFFICIAL STATEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS," Resolution No. 90-65,�"A RESOLUTION OF THE CITY COUNCIL OF THE CITY, OF MENDOTA HEIGHTS, MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (LEXINGTON HEIGHTS APARTNiENTS PROJECT) SERIES 1990B (THE "BONDS"), WHICH BONDS'AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PI�EDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A LOAN AGREEMENT, AN AMENDED'AND' RESTATED REGULATORY AGREEMENT AND A BOND PURCHASE AGREEMENT; APPROVING THE USE OF AN OFFICIAL STATEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SE�CURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS," and Resolution No. 90-66, "AUTHORIZ'ING AMENDMENTS TO DOCUMENTS RELATING TO THE CITY�S $11,000,000 HOUSING MORTGAGE RE�IENUE BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) DATED DECEMBER l, 1983," subject to review and approval of the City's legal counsel and payment of a$15,000 fee to the�City, along with authorization for executioi by the. appropriate City officials. � Councilmember Blesener seconded the motion. Mr. Robert Tousignant, 1300 was present representing res Furlong Addition, to submit Fur a ong Avenue, ts of the tition for public improvements to serve the Furlong area. Responding to a question from Mayor ', Mertensotto, he informed Council that this is a new petition and contains signatures of both spouses in each case except where one spouse is deceased. He corrected the petition date to August 29th. Mr. Tousignant�read the petition for the Council and audience, and stated that 19 of 33 Furlong property owners, (60 percent) signed the petition. ; Page No. 2894 September 4, 1990 Mayor Mertensotto stated that the last time the Furlong residents were before the Council, he had informed the residents that capping of wells and connection of the sewer line into the houses will cost upwards of $5,000. He stated that the residents would not have to hook up to water but must connect the sewer within a year after it is available unless Council does something. There have been some residents who have said that they have operating systems with no problems and perhaps Council could have the engineering staff determine whether it might be possible to have a two year delay for sewer hook-up if it is not necessary t�do so immediately. n� Councilmember H�rtmann stated that as it pertains to the wells, he believes the residents would have to cap their wells if they are disconnected but that they�could be used for lawn sprinkling. Public Works Director Danielson responded that staff needs to check with the Dakota County Health Department, but believes that if a well is functioning it can be left in service. Mr. Tousignant stated that this is an engineering issue that can be addressed if Council accepts the petition. He stated that obviously there are others who may feel there is some other solution, but that this is the highest percentage of neighborhood agreement that has ever been achieved (with respect to utilities). Mayor Mertensotto stated that Council needs a ruling on whether, since Council is being asked for a hearing, etc., it is anticipated that this would be an M.S. 429 project. He suggested that there could be an assessment hearing in advance of construction. Administrator Lawell informed Council that Council action this evening could be to accept the petition and determine its adequacy, and to accept the feasibility report and call for a feasibility hearing. Councilmember Anderson moved adoption of Resolution No. 90-67, "RESOLUTION ACCEPTING PETITION AND ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMENTS TO SERVE THE FURLONG Ayes: 3 Nays: 2 Blesener Cummins Page No. 289-5 , September 4, 1990 � AREA AND SURROUNDING AREAS (IMPROVEMENT N0. 86, PROJECT NO. 4," the hearing to be held on October 4, 1990, and to make a�finding that the petition is adequate in order to proceed under M.S. 429 without an extraordinary majority of the Council. � Councilmember Hartmann seconded the motion. � Councilmember Hartmann asked whether there was a stated purpose for including�the Furlong Addition in the tax increment district when it was originally established. Treasurer ' Shaughnessy responded that in the original plan, the reason the Furlong area was included was because it was felt that tlie area would need a subsidy if it were ever to get sewer and water. ' _ Councilmember Cummins asked whether it was included because the property would eventually become part of a commercial area along T.H. 55. Mr. Shaughnessy responded�that that was not planned but that the water�loop was; envisioned. � Councilmember Cummins asked that the City Attorney be asked to give Council a memo that this is an appropriate use of the TIF funds, particularly because the owners of the property have said that the improvements will not increase their property values to the full extent of the assessment. He stated that he would like to make sure that th�e City is acting appropriately with respect to this use of TIF. He felt that Council would be asking the rest of the City to subsidi'ze $15,000 per lot. I . Councilmember Hartmann felt that it is appropriate to use the TIF funds and commented that taxes from the Furlong area have been going into the tax increment district. � � Councilmember Anderson felt that it wouTd be a waste of tax payers' money to ask for a�legal opinion and that the only other�information Council has heard is that it would cost $4 million to buy out the neighborhood. He pointed out that the City already owns two lots,in the neighborhood which could sold and that the proceeds could pay as inuch �s half of �� Page No. 2896 September 4, 1990 the City's TIF costs if utilities are installed. Councilmember Cummins withdrew his request for legal opinion. 1990 AUDIT Steve Laible and Dave Berryman, from Peat Marwick Main, were present to review the 1990 audit. Mr. Laible gave Council a brief oral presentation on the report which was issued in June and answered Council questions. He informed Council that the City's general fund balance has been very consistent with the stated City objective to maintain balances for contingencies and that the opinion is consistent with statutory requirements and fiscal prudence. HEARING - RISCHALL Mayor Mertensotto opened the meeting for the EASEMENT VACATION purpose of a public hearing on an application from Dr. and Mrs. David Rischall, 610 Callahan Place, for the vacation of a slope easement over Lot 35, Willow Springs Addition. Dr. and Mrs. Rischall and Lou Brenner, their legal counsel, were present for the discussion. Mayor Mertensotto e�lained that the applicants are requesting release of a 105 by 60 foot parcel that the City owns fee title to and the westerly thirty feet of a 70 foot slope easement which runs over the east side of the lot. Mr. Brenner explained that the Rischalls are asking for release of the portion of the easement which they maintain. Mayor Mertensotto stated that the area being maintained by the Rischalls now is the easement area and the part the City holds fee title on is rugged and in its natural state. He felt that the City should maintain as much buffer as possible along Warrior. He asked whether the applicants would be willing to offer the City some consideration for release of the fee title property. Mr. Brenner stated that the Rischalls would pay the City $2,000 for the 60 by 105 parcel, subject to City easement over the easterly 30 feet. He further stated that the applicants will prepare a deed and abstract if Council approves a quit claim deed for the 105 by 60 T foot parcel to square the northeast corner of Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HEARING - CON/SPEC (MIST) CASE NO. 90-30, MATEYKA WETLANDS � Page No. 2897 September 4,j1990 the lot and the City would reserve an easement over the easterly 30 feet. I Mayor Mertensotto asked,for questions and comments from the audience. I ; There being no questions or comments, Councilmember Hartmann moved to close the hearing. Councilmember Cummins seconded the motion. Councilmember Hartmann moved to deny the application for vacation of the westerly 30 feet of the slope easement across Lot 35, Willow Springs Addition. � Councilmember Cummins seconded the motion. � Councilmember Hartmann moved to,conaey fee title to the 60 by 105 foot right-of-way area, reserving the easterly 30 foot 'slope easement across that right-of-way, conditioned upon a $2,000 consideration to the City. � . Councilmember Blesener seconded the motion. , Council acknowledged a request from the' M.I.S.T. to continue the hearing on their application for conditional use1permit and variance for a soccer arena to January 15th. Councilmember Cummins moved to lontinue the hearing to 8:00 P.M. on January�l5, 1991 in accordance with the request of the applicant. Mr. Paul Mateyka was present tolrequest approval of a wetlands permit to allow ; construction of a home on Lot 4; Block 1, Spring Creek Addition. Mr. Mateyka stated that he agrees to the Planning Commission recommendation that the home belsetback 34 feet from Spring Creek Circle in order to maintain a larger setback from the creek than he had originally requested. He submitted a letter of approval from his neighbor to the east. I i Councilmember Cummins moved to grant a ten foot front yard setback variance, along with approval of a 44 foot setback from Spring Creek, to allow construction of'a home on Lot 4, Block 1, Spring Creek Acres 34 feet from Page No. 2898 September 4, 1990 the front property line, along with waiver of public hearing. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 MENDOTA HEIGHTS ROAD Council acknowledged and briefly discussed a memo from the Public Works Director recommending preparation of a feasibility study for the proposed upgrading of Mendota Heights Road from Dodd Road to I-35 E to MSA standards. Councilmember Hartmann moved adoption of Resolution No. 90-68, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR IMPROVEMENT OF MENDOTA HEIGHTS ROAD AND SANITARY SEWER, WATER AND STORM SEWER SERVICE TO ADJOINING AREAS." Councilmember Blesener seconded the�motion. Ayes: 5 Nays: 0 CABLE TELEVISION Council acknowledged and discussed a memo NARROWCASTING from the City Administrator regarding Cable Television narrowcasting and a proposed resolution. Administrator Lawell answered Council questions. Councilmember Anderson felt that to proceed with a survey of present customers with respect to the desire for narrowcasting would be a disservice and that if a decision on the issue is postponed the member cities will certainly lose more clout with respect to compensation negotiations. Councilmember Blesener agreed. Councilmember Cummins moved adoption of Resolution No. 90-69, "A RESOLUTION ON NARROWCASTING REQUIREMENTS IN THE CABLE TELEVISION FRANCHISE ORDINANCE." Councilmember Hartmann seconded the motion. Ayes: 3 Nays: Anderson Blesener PERSONNEL Council acknowledged a memo and recommendation from the City Administrator with respect to comparable worth adjustments for three City employees. It was the consensus of Council to discuss the 4 personnel pay matters at a closed session at Page No. 2899 September 4,I 1990 f 7:00 P.M. on October 2nd and to direct the City Administrator to prepare lan update on continued obligations under the pay equity laws. { PARK IMPROVEMENTS Council acknowledged and disculsed a park improvement update prepared by�the City Administrator and a letter from GMH Asphalt requesting 20 additional working days to complete its park/trailway and�Sibley Park . contracts because of rain delays and other difficulties. I Mayor Mertensotto stated that there has been - an impact because of rain but certainly not half of the summer as was stated in the GMH letter. � Responding to a question from Councilmember Blesener, Parks Project Manager Guy�Kullander stated that the park portion of the GMH contract relates to the ballfields at Hagstrom King park and Victoria Highlands and some trail work. With respect to a�question over seeding guarantees, Mr. Kullander stated that GMH must re-seed areas that do�not take until the grass seed does take. .I Responding to a Council question, Public Works Director Danielson stated that two calendar weeks should be an adequate amount of time for the completion of the park/trai�l work. Mr. Kullander informed Council that�the City would have to approve a timetable for completion of the contracts. ' Councilmember Blesener suggested that Council authorize a waiver for two weeks and then double the $200 per day penalty for non- completion if necessary. Administrator Lawell pointed out that the Sibley contract does not expire�until November lst and that staff recommends that the contractor be directed to concentrate all available resources to the completion of the Sibley improvements to insure that seeding of the soccer field occurs simultaneously with other field seeding this fall. �He stated that staff is concerned with the progress that is being made at Sibley. I ; Councilmember Anderson stated that it would be helpful for Council to know how many days the Page No. 2900 September 4, 1990 contractor was not working when the weather was good. He stated that he does not feel sorry for the contractor because of rain if they are not working on good days. Administrator Lawell stated that the contract was independent of rain days, on the thought that there would be absolutely no excuse for not completing the park/trail contracts by September 1. Councilmember Anderson stated that the only control the City has is the $200 per day penalty and that he would not support any extension of the contract under the circumstances outlined in the staff inemo. Councilmember Blesener expressed the concern that the GMH people will get pulled from Sibley to work on the other contracts. � Councilmember Anderson moved that Council deny the contract extension request for the park improvement and paved walkway contracts and ask the contractor to comply with the contract for completion of the work under the Sibley Park contract. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins suggested that Council lay over the matter for two weeks and advise the contractor that Council will reconsider the request retroactively contingent on successful progress on all three contracts in the next two weeks. Mayor Mertensotto stated that he feels Council might lose another two weeks if that action were taken and that he would rather have staff indicate to the contractor that Council is concerned and denied the request but that this does not mean that Council would not reconsider if GMH has a change of heart in how it completes its contracts. SIBLEY COMFORT STATION The Council acknowledged a memo from the City ' Administrator regarding the Sibley comfort station. Parks Project Manager Guy Kullander reviewed estimated costs for the project if the City acts as the general contractor. He also reviewed the minor modifications made to the building plan. Y • Page No. 2901 September 4,I1990 Mayor Mertensotto stated that the engineering time is an appropriate expense�but felt that other City staff time should be absorbed by the general fund. ( Councilmember Anderson stated people who act as their own contractor never fully understand the time commitment involved arid further stated that he is in favor of letting a' contract for construction, using the modified plan, rather than having staffiact as the contractor. Mr. Kullander stated that he did not originally know what the overlaps in the trades were but now sees where'some were in conflict. He informed Council�that the estimated construction cost is now below $50,000. He further stated that the role of the general contractor is basically-to coordinate the sub-contractors,� and that all of the subs who have submitted;bids to him have done work in the City and�are licensed. Block work and installation of �the slab could begin any time. Council discussed the proposed�changes in the plan. It was the consensus of �Council that the wings on the building be el�iminated. After discussion, Councilmember� Blesener moved that the bids for construction �of the Sibley Park comfort station be rejected and that staff be authorized to proceed with acquiring a building permit with the Cityiacting as general contractor for construction of the comfort station. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto directed that�staff check on the status of weed cutting at the old fire station site. Councilmember Blesener asked that staff prepare a status report on park�improvements for distribution to the Council�, Park � Commission and members of the referendum committee. Councilmember Cummins will,not be present at meeting. I; informed Council that he the September 18th Page No. 2902 September 4, 1990 ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:28 o'clock P.M. ATTEST: Kathleen M. Swanson City Clerk Charles E. Mertensotto Mayor . m • • Y Page No. 2903 ; September 18, 1990 � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 18, 1990 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of.Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 i'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Anderson, Blesener and Hartmann. Councilmember Cummins had notified Council that he would be out of town. AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CONSENT CALENDAR � � Councilmember Anderson moved adoption of the revised agenda for the meeting� - � Councilmember Hartmann seconded the motion. Councilmember Blesener moved approval of the minutes of the August 21st regular meeting with corrections. Councilmember Anderson seconded the motion. � � Councilmember�moved to table approval of the September 4th minutes to October 2nd. Councilmember Anderson seconded the motion. Councilmember Anderson moved to move item j, purchase orders for park improvements from the consent calendar to the regular agenda and to approve the remainder of the consent calendar for the meeting along with auth�orization for execution of any necessary documents contained therein. � a. Acknowledgment of the minutes of the September 11th Parks and Recreation, Commission meeting. I , b. Acknowledgment of the Treasurer's monthly report for August. � c. Acknowledgment of the Fire Department monthly report for August. � Page No. 2904 September 18, 1990 d. Acknowledgment of letters from Ms. Celia O'Donnell, 545 Miriam, and Mr. Edgar Fischer, 1712 Raleigh Drive, in objection to assessments for storm sewer (Improvement No. 88, Project No. 6, North Ivy Hills/Morin), along with a memo from the Public Works Director recommending that no action be taken on the requests. e. Acknowledgment of an update on the Eagle Ridge fire protection issues. f. Approval of a fence permit for 2444 Enterprise Drive, to allow installation of a 6 foot chain link fence at the R.L. Johnson small warehouse building. g. Approval of the list of contractor licenses dated September 18, 1990 and attached hereto. - h. Approval of the list of claims dated and totalling $181,992.07. i. Authorization to issue a purchase order to AAA Striping Service for the striping of MSA streets, for their low bid of $5,350.41. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Joe Maegher was present to ask for a status report on the aircraft noise issue. Mayor Mertensotto and staff reviewed the City's position.on aircraft noise and the City efforts on the air noise issue which has been taken over the past several months. MEND-EAGAN On behalf of the City Council, Mayor PROCLAMATION Mertensotto congratulated the members and coaches of the Mend-Eagan Under-12 Traveling Baseball Team for their 1990 season record of 49 wins, 4 losses and 4 ties, and for their second place finish in the Minnesota State AAU Tournament and fourth place finish in the National AAU Tournament. He then introduced all of the team members and coaches and presented each with a Certificate of Recognition for their accomplishments. Page No. 2905 September 18, 1990 Councilmember Blesener moved adoption of a "PROCLAMATION DESIGNATING SEPTEMBER 18, 1990 AS MEND-EAGAN BASEBALL DAY." � Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 GMH CONTRACT STATUS Council acknowledged a memo from Public Works Director Danielson regarding the status'of the GMFi Asphalt contracts for park improvements, along with a letter from GMH requesting reconsideration of Council action denying an extension of the contracts. Mr. Gary Harms, from GMH, was present for the discussion. Mayor Mertensotto stated that two of the contracts (neighborhood parks and paved walkways) were to have been completed on September 1st. He asked Mr. Harms if he is asking for abatement of the penalty-for,the Sibley project as well as the other two� contracts. Mr. Harms stated that he is talking about the park and trailway contracts, but not the Sibley contract, which required seeding to be done by September 15th. Mayor Mertensotto stated that the walkway and neighborhood park projects are not yet completed. He pointed out that Mr. Harms bid the projects and did not take exception to the penalty provisions at that time, and that the reason the provision for penalty was in the contracts was to guarantee completion on time. He informed Mr. Harms that Council discussed his request at its last meeting and that it will not consider any abatement before the projects are completed and Council can see how good the work is. Mr. Harms responded that only the portion of the trail not completed is in the vicinity of the Sibley complex where dirt is stockpiled. He informed Council on the number of rain days which occurred during the contract period and stated that he lost 52 working days because of rain and drying time. ! Councilme7nber Blesener pointed out that five days of rain per month is not unusual in Minnesota and that even by his letter Mr. Harms stated that there were five to six rain days per month. She stated that Mr. Harms � Page No. 2906 September 18, 1990 should have been able to bid the contracts anticipating that loss of working days. Mr. ° Harms responded that this was the rainiest season since the 1930's and that his crews were working every non-rain day including Saturdays, averaging 70 to 80 hours per week. Councilmember Blesener pointed out that the staff reports have indicated that seeding and sodding is zero percent completed in the neighborhood parks, and stated that she could not understand why this is the case. Mr. Harms stated that seeding and sodding is the last function done and that the trails needed to be completed first. Councilmember Blesener responded that she drives by Victoria Highlands park often enough to know that the work started there quite some time ago and has gone very slowly, pointing out that-there has been no work done for a great stretch of time. Mr. Harms responded that his crew was pulled out because of other priorities. Councilmember Anderson stated that one problem Council had with the request at the last meeting was that staff indicated that there have been many good days when GMH was not in Mendota Heights and also the reasons for the September 1st deadline on neighborhood parks and trails was because Council knows that is the optimum time by which to have seeding and sodding done. He also pointed to problems with the landscaping subcontractor. Mr. Harms stated that he would like the days reported when he did not have staff in the City and that he always had a crew here. With respect to the landscaper, Mr. Harms stated that he is still�working on the contracts and got behind because he had lots of work to do and because of the weather. Councilmember Blesener stated that at its last meeting Council decided that it would consider Mr. Harms' extension request at this meeting after seeing whether there was evidence of significant effort during the two week interval. She asked Public Works Director Danielson for an update. � Public Works Director Danielson responded that = he has spoken to the City's project inspector PARK STATUS REPORT and prepared the this evening. He has been progress been completed - been completed an about seeding. Page No. 2907 September 18, 1990 handout status report for informed Council that there - the bituminous work has but that the sodding has not d there has been nothing done Mayor Mertensotto stated that GMH has a contract with the City and that Council�will not consider granting any concessions until the projects are completed. He further,stated that he has had many complaints on the manner of the work and that the public relations of the GMH crews to the City residents has not been good. He informed Mr. Harms that Council will see when the contracts are completed how well they have been done and may consider concessions at that time. ' Councilmember Anderson stated that Gouncil is not necessarily interested in saving the City $200 a day. Council's concern is that the projects were set up to assure completion by the dates established, which is why Council is concerned over what has been done during the last two weeks. He further stated that he is afraid the seeding season has been lost for this year and that he is more concerned over the completion dates than over the $200�per day. Mr. Harms commented that there is never going to be anyone happy about anything - many residents were against the trails and there were people who would turn on their ; sprinklers, getting the soil wet after drying had occurred and causing delays. He felt that the City is listening more to the residents than it should be. He asked whether Council is aware of how many things were changed or added in the contract, how many things needed to be done by hand, and how many change orders there have been. He stated that he is � diligently working to get the jobs done. Mayor Mertensotto informed Mr. Harms that he should get the projects done and then Council will discuss his request again. Council acknowledged a status report on park referendum improvements. Councilmember ; Blesener stated that the report had been prepared in response to her request and that she is satisfied with it as presented. She PARK IMPROVEMENTS Ayes: 4 Nays: 0 Page No. 2908 September 18, 1990 asked that a summary of the report be included in the next City newsletter. Parks Project Manager Guy Kullander answered Council questions regarding MSA funding. There was also discussion over safety of the trail at the Dodd/T.H. 110 intersection. Staff was directed to explore options for improving safety at the intersection, including the possibility of a bridge over the drainage ditch by the Amoco station. Council acknowledged a tabulation recommendation on the issuance of orders for ballfield improvements neighborhood parks. of bids and purchase for the Councilmember Blesener suggested that if the City is going to handle installation of fences, concrete pads and benches for the 7 neighborhood parks, perhaps there should be negotiation with the school district to install the same improvements on school property, specifically at the Mendota School. She stated that Mend-Eagan uses the Mendota School ballfields a great deal and suggested that perhaps installation of the improvements could be a joint effort between the School District and the City. Administrator Lawell was directed to contact the superintendent of schools to discuss options and to see if the district would be willing to cooperate or what kind of permission the City would need to do the work. Councilmember Blesener moved to authorize staff to prepare purchase orders to Fenc-Co, Inc. in the amount of $8,260 for backstops and players protective fencing; Miracle Recreation Equipment Company in the amount of $3,472 for fourteen 15 foot aluminum player benches, and to Johnny Masonry in the amount of $5,307 for concrete pads for player benches. Councilmember Anderson seconded the motion. RECYCLING PROGRAM Council acknowledged and discussed a memo from the Administrative Assistant regarding the funding application for the 1991 recycling program. Ayes: 4 Nays: 0 ASSESSMENT APPEALS Ayes: 4 Nays: 0 RESCHEDULED MEETING Ayes: 4 Nays: 0 Page No. 2909 September 18, 1990 After brief discussion, Councilmember Hartmann moved adoption of Resolution No. 90-70, "A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF COMMUNITY LANDFILL ABATEMENT PROGRAM." Councilmember Blesener seconded the motion. Council acknowledged notices of assessment appeal from Mr. Robert Morin,and Mr. Vern Colon for Improvement No. 88, Project No. 6. Councilmember Anderson moved to direct staff to refer both notices of appeal to the City Attorney to defend the City's position with regard to the assessments. Councilmember Hartmann seconded the motion. Council acknowledged and discussed a memo from the City Clerk regarding rescheduling of the November 6th meeting, the date of the General Election, and scheduling of the Election Canvassing Board. Councilmember Blesener moved to reschedule the starting time of the November 6th meeting to 8:30 P.M. and to conduct the Election Canvassing Board at 5:30 P.M. on November 7th. Councilmember Anderson seconded the motion. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to 7:00 P.M. on October 2nd for a closed session for labor negotiations. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 8:53 o'clock P.M. ATTEST: Charles E. Mertensotto Mayor _ Kathleen M. Swanson City Clerk T0: fROM SUBJECT: MEMO Oate: 9-25-90 Mayor, City Council, and City Administrator Paul R. Berg, Code Enforcement Officer ��, Building Activity Report �for . SeptemF�er, 1990 CURRENT MONTN BUILDING ' PERMITS: No. Valuation Fee Collected SFD 8 1,261,Ob5.00 11,084.72 APT 0 0 0 TOWNNWSE 1 78,029.00 899.25 CONDO 0 0 0 MISC. 18 148,335.00 2,476.98 C/I 7 758,988.00 5,741.69 " " " " " " " " " " " " " " " " " " " " " ' Sub Total 34 2,246,417.00 20,202.64 TRADE PERMITS: Plunbing 11 433.00 Water 13 65.00 Sewer 10 175.00 Heat, AC, & Gas 14 753.00 � -------------------------------------------� Sub Total 48 1,426.00 � Licensinq• YEAR TO DATE 90 � No. Valuation Fee Collected I 57 9,265,264.00 80,234.10 � � 0 0 0 � 6� T16,694.00 6,922.59 '� , 16 1,278,376.00 8,116.36 � � 179 1,369,204.00 24,634.85 � � 29 2,024,213.00 14,525.75 � }" " " " " " " " " " " " " " " " " "� � 271 14,653,751.00 134,433.65 � 105 91 83 5,016.00 455.00 1,452.50 I 133 1,5775.35 � " " " " " " " " " " " " " " " " " '� 412 22,698.85 � YEAR TO DATE 89 � No. Valuation Fee Collected I 74 11,921,029.00 103,902.41 � 0 U= " � 0 ! 11 1,718,421.00 15,104.75 73 2,682.768.00 15,719.57 165 i,459,213.00• 25,577.78 32 6,663,405.00 38,564.52 " " " " " " " " " " " " " " " " " " ' 305 24,444,836.00 198,869.03 125 3,349.00 111 555.00 100 1,750.00 162 17,136.50 498 22,79U.50 Contractor's � + Licenses 19 475.00 � 404 10,100.00 � 449 11,225.00 -------------------------------------------+------------...---------------------+------------------------------------ Total 101 2,246.417.00 22,103.64 �1087 14,653,751.00 167,232.50 �1246 24,444,836.00 232,884.53 NOTE: All fee emaunts exctude Sac, uac, and State Surcharge. Amax�ts shown Will reflect only permit, plan check fee, and valuation amounts. < CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES SEPTEMBER 25, 1990 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, September 25, 1990, in the City Hall Council Chambers, 1101 Victoria Curve. Vice Chair Dwyer called the meeting to order at 7:30 o'clock P.M. The following members were present: Dwyer, Koll, Dreelan, Krebsbach, Duggan and Tilsen. Chairperson Morson was excused. Also present were Public Works Director Jim Danielson, Planning Consultant Tim Malloy, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES AYES: 6 NAYS: 0 CASE NO. 90-34: WILDENAUER - VARIANCE Commissioner 1990 Minutes. Commissioner Koll moved to approve the August 28, Duggan seconded the motion. Dr. Jerry Wildenauer was present to discuss his request for a Wetlands Permit to construct a new home adjacent to the east side of Warrior Drive on Lot 2, Block 1, The Ponds of Mendota Heights. Dr. Wildenauer explained that there is a sanitary sewer easement that runs through the middle of his lot and that is why it is necessary to set the house further back and obtain a Wetlands Permit. He further stated that he plans on constructing the home in the open area of the lot and that the hope is to not disturb any of the hardwoods in the area. Vice Chair Dwyer stated that a similar request was recently approved by the City Council and that the Planning Commission is quiet familiar with the reasons why a Wetlands Permit is necessary. Commissioner Dreelan questioned if a retaining wall was.necessary and if so, would it be similar to the one already constructed next to Dr. Wildenauer's lot. Mr. Keith Heaver, designer, stated that�Dr. Wildenauer's wall will be similar to his neighbor's wall but will be smaller in length. In response to a question from Commissioner Duggan, AYES: 6 NAYS: 0 AYES: 6 NAYS: 0 CASE NO. 90-33: SOLEM - VARIANCE September 25, 1990 Page 2 Public Works Director Danielson stated that a permit is not required for construction of retaining walls. He explained that if there is more than 100 cubic yards of fill to be graded then a permit would be necessary. He stated that in Dr. Wildenauer's case, his Wetlands Permit should cover the grading permit which would be in conjunction with the home building. Commissioner Tilsen commented that the deck appears to be closer to the wetlands than seventy feet (70'). Public Works Director Danielson explained that setbacks are normally measured to the main structure, however decks are also considered structures, and structures require Wetlands Permits. Vice Chair Dwyer stated that Dr. Wildenauer has received signatures of consent from his neighbors, Mr. Mangini and Mr. Callahan. Commissioner hearing. Commissioner Duggan moved to waive the public Dreelan seconded the motion. Commissioner Tilsen moved to recommend to the City Council that they grant a Wetlands Permit of thirty feet (30') and that staff take measures to assure that proper erosion control be maintained during the construction process. Commissioner Duggan seconded the motion. Mr. Brian Solem, 1870 Valley Curve Road, was present to discuss his request for a variance to construct a garage addition to his house. Mr. Solem briefly explained that in 1975 he received a Conditional Use Permit and variance to construct an accessory structure. He explained that the shed is now in disrepair and that is why he now desires to remove it and replace it with a garage addition. Commissioner Koll questioned if there would be rain AYES: 6 NAYS: 0 CASE NO. 90-32: IVERSON - VARIANCE September 25, 1990 Page 3 gutters installed. Mr. Solem stated that there would be. He further stated that his neighbor closest to the side of the proposed garage addition signed the signature of consent form. Commissioner Koll moved to recommend that the City Council grant a seven foot (7') side yard setback variance. Commissioner Duggan seconded the motion. Mr. Greg Iverson, owner of Lot 1 of Kladis' First Addition was present to discuss his request for a front yard setback variance. He explained that there is currently a home being constructed adjacent to his lot. He explained that' his proposed home needs to be setback approximately forty -four feet (44') in order to comply with the City's ordinance for established front yard setbacks. He further explained that this forty four foot (44') setback would put his proposed home in a position that he would intrude on his neighbor's (to the west) rear yard privacy, and that it would not leave much of a back yard for his own use. He explained that he therefore is requesting that a fourteen foot (14') established front yard setback variance be granted. Commissioner Duggan and Commissioner Koll both stated that there is an exposed metal pipe about thirty feet (30') into the lot. He further stated that there is a pallet on the lot that seemed to be covering a hole. Commissioner Duggan expressed concern with respect to what the pipe is used for and wondered if Mr. Iverson was aware of these items on his lot. Mr. Iverson stated that he is not aware of those items and that he would have the matter checked into. Public Works Director Danielson stated that his Department would check into the matter. Commissioner Duggan expressed that caution should be taken by trucks driving on the lot. Commissioner Krebsbach noted that there are two signatures of consent submitted and wondered if there are other neighbors that Mr. Iverson had AYES: 6 NAYS: 0 CASE NO. DUGGAN - WETLANDS September 25, 1990 Page 4 missed. Mr. Iverson stated that he has also talked to Mr. Gryc regarding his proposal. In response to a question from Commissioner Duggan, Mr. Iverson stated that the proposed home will be a two story home and that he has submitted formal plans to the City for their review. Commissioner Duggan moved to recommend to the City Council that they grant a fourteen foot (14') established front yard setback variance and that City staff be directed to investigate the exposed pipe and pallet presently on Mr. Iverson's lot and identify any hazards if applicable. Commissioner Koll seconded the motion. 90-35: PERMIT Mr. Ultan Duggan, 2231 Copperfield Drive, was present to discuss his request for a Wetlands Permit. Mr. Duggan explained that he lives adjacent to a pond in Copperfield. He stated that he has recently installed a pool within his back yard which is greater than the required one hundred foot (100') minimum setback from a Wetlands. He explained that he must install a protective fence as per the City's Pool Ordinance. He explained that he proposes to install the fence right up to the City's scenic easement. Mr. Duggan explained that initially the proposed height of the fence was to be six feet (6') but that he has since lowered the height to five feet (5') as that is the minimum requirement for fence height as per the City's Pool Ordinance. Mr.Duggan e�lained that the proposed fence will be a black vinyl clad chain link fence. Mr. Duggan further explained that the fence design must be approved by the Copperfield Architectural Review Committee. Commissioner Koll stated that the fence will be located so close to the pond and wondered how the weeds will be cut. Mr. Duggan explained that a gate is proposed at the back of the fence for access to the back of the yard. He further explained that the weeds will be growing in the scenic easement portion of the lot and that he cannot cut•or mow the area as it is meant to be AYES: 5 NAYS: 0 ABSTAIN: AYES: 5 NAYS: 0 ABSTAIN: � September 25, 1990 � Page 5 left natural. Commissioner Krebsbach questioned if Mr. Duggan has discussed his proposal with any of his neighbors. Mr. Duggan responded that Mr. Dick Putnam and a neighbor both e�cpressed some reservations with respect to the fence surrounding the entire backyard and the fact that it will be abutting the scenic easement. Commissioner Krebsbach questioned what type of landscaping is proposed. Commissioner Duggan explained that there will be uniformed shrubbery along the fence. Commissioner Krebsbach questioned if he has considered installing Evergreen trees. Mr. Duggan stated that they have installed thirty three (33) Evergreen trees at the back of his lot. Commissioner hearing. Commissioner DUGGAN Dreelan moved to waive the public Krebsbach seconded the motion. Commissioner Krebsbach moved to recommend to the City Council that they grant a wetlands permit for the purpose of constructing a five foot (5') high black vinyl clad chain link fence at 2231 Copperfield Drive. Commissioner Dreelan seconded the motion. DUGGAN CASE NO. 90-31: HEARING - EFH COMPANY - BATESVILLE CASKET - MINOR COMPREHENSIVE PLAN AMENDMENT REZONING Mr. Gene Happe, developer, and Mr. Mark Finnemann, architect, were present to discuss their request for a Minor Comprehensive Plan Amendment and Rezoning to construct a 30,000 square foot September 25, 1990 Page 6 office/warehouse building for Batesville Casket Company at the corner of Rogers Road, Mendota Heights Road and Highway 55. Mr. Happe explained that there have been recent changes on plans with respect to the landscaping and curb cut access. Mr. Happe submitted an updated plan for the Planning Commission to review. Mr. xappe explained that MnDOT would not allow a curb cut within 100 ft of the intersection off of the frontage road with Mendota Heights Road. He explained that the current parking lot layout would not allow the EFH Company to move the employee parking lot further north to meet MnDOT's requirement. Mr. Happe stated that they have relocated the entry drive to be off of Mendota Heights Road. Mr. Happe further explained that the previously submitted landscape plan was submitted with minimal information and that it was lacking in detail and that is why they have submitted a new plan enhancing the proposed landscape. Mr. Finnemann explained that the land is built into an embanlanent. He explained that because of the grade, the building will be buried into the embankment. He stated that there will be minimal exposure of the building to the north where there are four residential homes (off of Rogers Road). Mr. Finneman briefly described the berms that will be constructed to help the building less visible from the north. Mr. Finneman then showed a topographic plan of the site. He explained the height of the road bed and the berms. He further stated that the part of the building that will be exposed will be the most handsome portion of the building. Mr. Finneman stated that there will be three curb cuts and that there will not be a great amount of traffic. He stated that there will be 24 parking stalls. He reiterated that the building will be used for mostly storage of caskets. In response to a question from Vice Chair Dwyer, Mr. Happe stated that there will be roughly three large trucks making deliveries during the night and that there will be about four employees at the site. Mr. Finneman submitted a photograph of a T System building which is proposed for the site. He September 25, 1990 Page 7 further submitted an example of the material which will used for the building. He explained that the concrete will be a non maintenance and should present a high quality atmosphere for the area. He further explained that there will be a low profile sign with the Batesville insignia (a tree) which will be a five foot (5') sign located on the ground. Vice Chair Dwyer questioned if a soil test had been completed on the site. Mr. Happe explained that one had just been completed by Braun Engineering and that the soil is fine. He briefly explained that the soil test done on the original Batesville site showed poor soil and that is why they have moved the plan to this site. In response to a question from Vice Chair Dwyer, Mr. Finneman explained that trees will have to be removed and that berms will be constructed with new trees to be installed. He further explained:that they plan to install Evergreen trees. Mr. Finneman stated that they will have a professional landscape architect working with them. In response to a question from Vice Chair Dwyer, Public Works Director Danielson and Planner Malloy stated that they have briefly reviewed the new plans just submitted at the meeting. Public Works Director Danielson stated that he likes to discourage access points off of Mendota Heights Road since it is an M.S.A. road but that it appears that there will be very minimal traffic from this project and that he does not anticipate the access to be a problem. Planner Malloy stated that he supports the "concept plan" of the building, and the attempts that have been indicated with respect to the berming of land to make the land less visible to the neighborhood to the north of the project. He further stated that the EFH Company should have the landscape plans reviewed by a professional landscape architect. � Commissioner Duggan questioned the number of parking stalls indicated on the plan. Mr. Finneman stated that the parking stalls have been increased and that the increase in stalls is over the minimum allotted per tHe Zoning Code. ; Commissioner Krebsbach questioned if the City gave approval o� this request (rezoning) how it will September 25, 1990 Page 8 affect the future development in this area. Planner Malloy briefly explained how the marketability of land could be increased. He further explained the study that was done with respect to the Highway 55 Corridor. Mr. Malloy also gave a brief synopsis of the past and most recent discussions with the Resurrection Cemetery with respect to the land that is owned by them and what their plans are for it in the future. He briefly touched base with the Commission as far as what the Rogers Road buyout status is at the present time. Planner Malloy reiterated that this development could be "opening the door" for industrial development in this area but that there are numerous factors to be considered with respect to the Furlong Neighborhood, TIF District and the airplane noise problem. In response to a question from Commissioner Duggan, Mr. Finneman stated that they plan to install six foot (6') Evergreen trees and fourteen foot (14') Marshall Ash trees. He stated that they are planning to consult with a landscape architect. Commissioner Duggan questioned if they could install eight to ten foot (8' to 10') Evergreen trees. Mr. Happe stated that that is why they are going to consult with a landscape architect to get the best possible landscape for this site. Commissioner Krebsbach stated that she would like to see a greater attempt in softening the building appearance. She stated that she would like to see the future move towards more office space in this area rather than warehouse space. Mr. Happe briefly explained that the entire area will be lighted. He stated that the lighting will present a nice atmosphere. He further explained that the lighting will be controlled. He stated that the neighborhood to the north should not be impacted by the light. Commissioner Tilsen stated that the plans submitted tonight seem to have reoriented the building as compared to the previous plans. Mr. Finneman stated that the plans submitted tonight have been done by a professional surveyor so that the lines are now correct. Commissioner Tilsen questioned if the parking stalls for the employees could be moved further away from the building. He stated that the would like•to see more landscaping in between the September 25, 1990 Page 9 building and the employee parking lot. Mr. Finneman stated that they could look into that possibility and he stated that presently the parking stalls are proposed to be 10 x 20 in size. Commissioner Tilsen questioned if the building could be maved further back into the hill and he also questioned if they could add a turn around for trucks. Mr. Happe discussed with the Commission that they are also trying to leave space for an addition to the building if necessary and that is why the building has not been placed further back into the hill. Commissioner Tilsen questioned how storm water retention will be provided for this development. Commissioner Tilsen stated his concerns with hard water run off. Public Works Director Danielson stated that ditch drainage would help the area. Mr. Happe stated that there is a catch basin on Mendota Heights Road and that they could dump the drainage there if necessary. Commissioner Tilsen stated that he would like to see the water running slow through the development and that he wants to see little impact on the grade. Public Works Director Danielson stated that there is a storage pond to the south of the development. Vice Chair Dwyer then opened the meeting to the public for their comments. ` i Mrs. Gau, Rogers Road resident, was present� and reviewed the current map with the developer. ; She stated that this was the first time that she has seen the map. Mrs. Gau commented that she likes the way "things" are now. Commissioner Duggan questioned if she is concerned with the air noise in the area. Mrs. Gau stated that she does not have a problem with the air noise and that she is not anxious to move from the area. ' Commissioner Tilsen stated that he would like to see the lights on in the building as an as needed basis only. Mr. Happe stated that the lights would be controlled by a timer and that they view having the lights on at night as a good method to prevent vandalism. Mr. Happe stated most cities request this and that he will work with the City's desire on lights. Commissioner Tilsen stated that he is trying to be sensitive to the people that live in the area�wi.th respect to the lights extending from September 25, 1990 Page 10 the building. Mr. Happe stated that the exterior lights could be a white light with the fixtures extending out and that the light would shine down. Mr. Finneman showed the Commission the radius of impact of lighting with respect to the Rogers Road residents.. Mr. Happe explained that this building will be used for warehouse purposes. He stated that there will be no fork lifts used to remove the caskets. He stated that the caskets will be removed off of the trucks by using dollies. Planner Malloy briefly explained the process of a Minor Comprehensive Plan Amendment and the time lines the Metropolitan Council must follow in any approval or denial. Commissioner Dreelan moved to close the public hearing. Commissioner Koll seconded the motion. , Commissioner Duggan asked Mr. Happe if he knew that the Mendota Bridge would be closed soon. Mr. Happe responded that he did and that that should not be a problem with the other major highways surrounding the area. AYES: 6 NAYS: 0 Commissioner Koll moved to recommend that the City Council approve the requested Minor Comprehensive Plan Amendment and rezoning contingent on staff's approval of the following: 1. Final details of the landscaping plan showing eight foot (8') Evergreens, a berm and improved landscaping along Rogers Road and a six foot (6') minimum between the buildings and the employee parking lot. 2. A detailed lighting and noise pollution abatement plan protecting the neighbors to the north. 3. A grading plan showing storm water retention. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 September 25, 1990 Page 11 CASE NO. 90-23: HEARING - JA DEVELOPMENT - CUP FOR PUD AND CAO REVIEW Mr. Jeff Johnson, JA Development, was present to discuss their request for a conditional use permit for planned unit development and a critical area ordinance review to build a fourteen (14) unit townhouse development on 6.1 acres of R-1'land located south of Highway 13 across from Lilydale's Riverwood Apartments and just east of Mayfield Heights Road. Mr. Johnson stated that at this time, JA Development is not seeking preliminary� plat approval. He stated that they are looking for input based on the Planning Commissions questions and the surrounding residents concerns regarding this development. Mr. Johnson explained the terrain and stated that in the middle of the terrain the land appears to be flat. He explained that the proposed townhomes will be on two and one half units per acre. He stated that the character of the townhomes hope to be in the nature of the Kingsley Townhomes and Victoria Townhomes. He explained that the townhomes will be rambler style with low rise roofs. Mr. Johnson displayed the townhome design to both the Commission and the residents present for this case. He explained that JA Development feels that there is a market for townhomes in Mendota Heights. He further stated that the townhomes should be in the range of 1,500 - 2,000 square feet. Mr. Johnson then displayed a single family home design. Mr. Johnson stated that JA Development had prepared this design at the request of the surrounding residents of this location. He explained that at the two meetings held for information regarding the proposal the residents indicated that they would like to see single family homes constructed in this area. Mr. Johnson explained that there could be eight single family homes. He stated that if single family homes are economically feasible, they would be two story homes with steep roof pitches. He explained�that the lots cnuld be 3/4 of an acre. September 25, 1990 Page 12 Commissioner Tilsen commended Planner Malloy on the report he presented for this case. Commissioner Tilsen stated that he has some concerns regarding any variances or impacts on the critical area. Commissioner Tilsen stated that he would like to see a development proposed using the existing conditions and not deter from that if possible. He stated that the access to the development would be difficult due to the slopes. In response to a question from Commissioner Duggan, Mr. Johnson stated that the townhomes would sell for $200 -$300,000. He further stated that if single family homes were constructed he would anticipate the lots to sell for $70-$80,000 with• homes selling at $300-$350,000. Commissioner Duggan questioned how sewer and water would be made available. Mr. Johnson stated that at this time, JA Development is simply looking for economical ways of developing this site. Vice Chair Dwyer questioned what JA Development felt as far as how the market is for either single family homes or townhomes. Mr. Johnson stated that they feel the townhouse market is strong and that Mendota Heights needs to have some diversity in their housing. Commissioner Krebsbach stated that she is not inclined to.grant a variance on the Critical Area Ordinance. She further stated that she does not have a problem with the single family home design. At the request of the Planning Commission, Planner Malloy gave a brief summary on what a planned unit development is and how a planned unit development gives flexibility to a City. Vice Chair Dwyer then opened the meeting to the public for their comments. Dr. Sol Mastbaum, 1008 James Court, stated that he has been a resident of Mendota Heights for thirty four (34) years. He further read several excerpts from the Zoning Ordinance. James Schuster, 1631 James Road, presented the Commission with a forty five (45) signature petition against the development. Mr. Schuster stated that he is against the density proposed and � September 25, 1990 Page 13 that he is not in favor of townhomes. Mr. Schuster stated that at several meetings with JA Development he and other residents asked JA Development to reconsider the numbers relating to the townhouses and that they have refused to. Laurita Weinzettel, owner of the 6.1 acres in question, questioned if people have been trespassing on the land. Mrs. Lerman, 1645 James Road, stated that she does not want to see townhomes on this site because she feels the area is too small. She stated that she would not mind seeing single family homes constructed there. George Berg, 996 Caren Court, stated that he favors single family homes. He further stated that he is concerned with the critical area portion of the land. At the request of the Planning Commission, Planner Malloy briefly summarized the Critical Area Ordinance and what it enforces. Don Tweedy, 1651 James Rd., stated that he and his wife submitted a letter to the Commission. Vice Chair Dwyer acknowledged that the Planning Commission did receive the letter. Mr. Tweedy stated that he understands how a planned unit development works. He stated that he has a concern for the density and that he is concerned with drainage. He highlighted an icing problem in the drawing where two townhomes are proposed. Robin Reed, 1657 James Road, stated that she is concerned with her property valuation and that she is also concerned with the marketability of�the townhomes. � Commissioner Duggan stated that he is concerned with the private road proposed and the safety factor it may cause. Public Works Director Danielson stated that he has not reviewed �the streets proposed for that area. Commissioner Duggan stated that he has walked the area and that it looks to be very difficult with respect to the slopes. Commissioner Tilsen stated that he is concerned with the whole site. Planner MaZloy stated that he has figured that the AYES: 5 NAYS: 0 ABSTAIN: September 25, 1990 Page 14 percent of slope for the streets would be at ten percent (10%). He stated that the ten percent (l0%) exceeds City requirements. Commissioner Duggan questioned how much of the area would be destroyed. Mr. Johnson stated that they would not be taking out much vegetation. Mr. Johnson stated that they attempted to design the development to help minimize the impact on the site. Fred Moore, 1028 Sibley Memorial Highway, stated that his property will be connecting to the road through this development and that he is concerned with the amount of traffic the site could generate. He stated that there is already a lot of traffic from the Lilydale apartments. . Mr. Berg stated that he would like to see more of a setback distance from existing houses in the neighborhood. Commissioner Duggan moved to continue the public hearing to October 23, 1990 at 7:45 o'clock P.M. Commissioner Dreelan seconded the motion. TILSEN Commissioner Tilsen stated that he would like to see JA Development submit a grading plan, a map showing the surrounding homes near the proposed development. He stated that he would like to see the townhomes moved forty feet (40') outside the forty percent (40�) slope designation. Commissioner Koll stated that she is not opposed to townhomes being developed on this site. She stated that the density is a maj or issue with her. She stated that she would rather see four townhomes and not eight townhomes. Commissioner Dreelan stated that she is also not opposed to the townhomes. She stated that density is an issue for her. Commissioner Duggan urged the Commission to not offer a variance from the ten (10) acre requirement in the Zoning Ordinance for a Planned Unit Development. Vice Chair Dwyer concurred. � September 25, 1990 Page 15 ' DISCUSSION REGARDING ZONING ORDINANCE AMENDMENT The Planning Commission briefly discussed a proposal submitted by Paster Enterprises for a family theater to be housed within the Mendota Plaza. The Commission concurred with another that it would be a nice idea to have a theater in the Mall. The Commission stated that there will be several issues to be discussed relating to traffic and parking and signage. Commissioner Duggan moved to request that the City Council order a public hearing to be held at the Planning Commission level on October 23, 1990 at 8:00 P.M.. ' • Commissioner Dreelan seconded the motion.. AYES: 6 NAYS: 0 VERBAL REVIEW , Public Works Director Jim Danielson gave a verbal _ review to the Planning Commission on City Council action on Planning items. ADJOURNMENT AYES: 6 NAYS: 0 Commissioner Tilsen moved to adjourn the meeting at 10:50 o'clock P.M. Commissioner Duggan seconded the motion. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary . � ; CITY OF MENDOTA HEIGHTS E�i��: September 26, 1990 TO: Mayor and City Council FROM: James E. Danielson, Public Works re SUBJECT: Victoria Highlands 9th Addition - Final Plat DISCIISSION The Marvic Company has submitted a final plat for their 9th Addition to the Victoria Highlands Townhomes development !(see attached). Staff recommends approval of the Victoria Highlands' 9th Addition Final Plat as submitted. � ; ACTION REOIIIRED � If Council desires to implement the staff recommendation, they need to pass a motion adopting Resolution No. 90 - , "RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS' 9TH ADDITION." { JED:kkb � Attachment , � � � � I " '�� • 6.�t `'nsi �! ia��, i$ .,�- 69.9�� 20 � y p+O a J � s as as o� m° � �dw - a ,p�.y �ss��». ,� �� o : ; �b o } �`'�§'s. 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CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLIITION NO. 90 - RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS 9TH ADDITION WHEREAS, a final plat for Victoria Highlands 9th Addition has been submitted to the Council; and WHEREAB, the City Council has reviewed said final plat; and NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the final plat of Victoria Highlands 9th Acldition submitted at this meeting is hereby approved. 2. That the appropriate City Officials be and they are hereby authorized to execute the final plat on behalf of the City of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 2nd day of October, 1990. ATTEST: Kathleen M. Swanson City Clerk 0 CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor a • .k CITY OF MENDOTA HEIGHTS ' MEMO September 25, 1990 TO: Mayor, City Council and City Administrator FROM: James E. Daniels Public Works D' e SUBJECT: Speed Reduction Request for Delaware Avenue DISCUSSION• Mr. and Mrs. Battistini, 2069 Delaware Avenue have submitted the attached letter requesting that the speed limit on Delaware Avenue between Trunk Highway 110 and Huber Drive be reduced. ; As the complainants have stated in their letter, Delaware is a County road and a change in speed limit would have to be re= quested from the State by them. The County would also be respon- sible for placing any "deer crossing" signs. . ' ACTION REQUIRED � Council needs to review the request and determine if they desire to endorse them and forward them to the County. JED:dfw � i r 9-17-90 Mayor Merensoto City Counsel Members Mendota Heights City Hall 1101 Victoria Curve Mendota Heights, MN 55118 Re: Speed limits and Road Signs Dear Mayor Merensoto and Members of the City Counsel: We live at 2069 Delaware Ave. in Mendota Heights. We are writing to seek your support and assistance in having the speed limit lowered on the stretch of Delaware Ave. (County Road 63) between Highway 110 and Huber Drive. The speed limit in this area is currently 45mph. For the following reasons, we feel that is too hiy�: -There has been a sizeable increase in traffic since the recent development of hundreds ofnew homes on the west side of Delaware in Copperfield and Bridgeview, etc. -There are more driveways directly onto Delaware in this section due to the building of new homes on lots on the Mendota Hts. and Sunfish Lake sides of the road. The rise and fall of the road in this area make visibility more difficult. -Mendota Heights and the county are making a bike trail along either side of this stretch of road. Although this will clearly enhance the safety of bikers and walkers, it will also increase their numbers on the road. There is no - divison between the "path" and the road. Reduced speed of cars would make a safer bike trail. -In the last year, 2 cars have driven off the road into the ravine between ours and the neighbor's driveway. -Since we have lived here, at least 2 deer have been hit by cars. We continually see deer crossing Delaware or see the tracks where they have done so. Often at dusk, we hear car tires squeal as the drivers try to avoid accidents. Reduced speeds would give deer and drivers more time to avoid a collision. I would also like to request that a deer crossing sign be put up in the same area for the above reasons. Please let us know what we, as concerned citizens, need to do to actualize these requests. We understand that the county determines the speed limits and that writing to you is the first step in the process. Sincerely, �Q� � �� . Sandy and Marc Battistini A • r �' � • � � • / • • � � CITY OF MENDOTA HEIGHTS MEMO TO: Mayor, City Council, City Administrator FROM: James E. Danielson - Public Works D' c or SUBJECT: City Hall Building Problems Update DISCUSSION• It has been nearly two years since we have moved into City Hall and we still have been unable to get all the building problems corrected. The main problem that still exists is that water leaks into the basement in the spring and after large rainfalls. Following the first occurrence, several meetings between staff, the architect and the general contractor were held to determine what corrective measures must be undertaken to correct the problem. Staff last met with the general contractor and architect on September 12, ' 1990 in an attempt to get them to accept responsibility for the situation and to make the needed repairs. (See attached meeting minutes). At that September 12 meeting, the general contractor promised to take the steps necessary to replace the backfill around the perimeter of the building with porous material as called for in the specifications. It is hoped that this porous material will then allow the drain tile to function properly and keep our basement dry. This work is anticipated to be . completed during the month of October and will mean during that period that City Hall will look like a"war zone". The contractor has promised to complete this work and have City Hall presentable for the November 6 election. ACTION REQUIRED: . For information only. Lindberg Pierce, Inc. Suite 1200 15 South Fifth Street Minneapolis, Minnesota 55402 (612) 332-3339 �� Date 12 September 1990 In attendance Name Tom Lawell 7im Danielson Guy Kullander Max Steineger 7oe Wagner Bob Pierce Paul Ragozzino Distribution All in attendance Comments Architects James H. Lindberg Robert L. Pierce Meeting Minutes Re Mendota Heights City Hall Excavation of Nonconforming Backfill LP Project No. 1987-010 Firm City of Mendota Heights City of Mendota Heights City of Mendota Heights Steineger Construction 7oseph Co. Construction Lindberg Pierce Architects Lindberg Pierce Architects The excavation of the nonconforming backfill will start during the third or fourth week of October. This allows time for the existing bushes to go dormant in anticipation that a large number of the existing stock may be replanted. The excavation process should take three or four days during which time a representative from the 7oseph Co. will be on hand to check the condition of the dampproofing and concrete block joints and correct any deficiencies. New dampproofing will be installed where the grade will be raised to improve slope, and a surface drain tile system, similar to that east of the entry, will be installed to the west. The City stated that the work must be complete by election day, 6 November 1990. Max Steineger said he would verify if the drain tile system is plugged after it leaves the building perimeter by digging down to the drain tile near the northwest corner and flooding it to see if the water can escape. He stated that water can circumvent a blockage along the building by draining through the sunounding rock, but after it leaves the building perimeter, the water cannot bypass an obstruction in the pipe. The possible use of gravel or existing landscape rock was approved for use as backfill in lieu of specified material. Joe Wagner requested that Guy Kullander have the City replace the two dead trees and deduct the cost from the Contract amount. ' TO: FROM: CITY OF MENDOTA HEIGHTS MEMO Mayor, City Council, City Administ Kathleen M. Swanson City Clerk SUBJECT: Halloween Bonfire INFORMATION September 29, 1990 Russ Wahl has called to request permission to conduct the annual Halloween Bonfire. He has also asked that Council authorize financing of up to $300 from City funds for food and beverages. HISTORY Russ and Marilyn Wahl and other volunteers have conducted the Halloween Bonfire annually since 1974. The bonfire has , traditionally been well attended and enjoyed by community youngsters and their parents. The City has reimbursed the Wahls for the cost of food and beverages. Public Works and Public Safety employees assist in the preparation for the bonfire and are on site during the fire. The site is fenced, and insofar as it is possible to police only tree branches, brush, limbs, and tree trunks no larger than six inches in diameter are allowed to be dumped at the site. RECOMMENDATION Staff recommends that Council approve Mr. Wahl's request, subject to written permission from the property owner. It is further recommended that staff be authorized to acquire an endorsement to the City's insurance policy naming Mendota Mall Associates as an additional covered party, and be directed to acquire any permit(s) which may be required by other governmental agencies. ACTION REQUIRED If Council supports the recommendation, it should pass a' motion approving the request for the bonfire and reimbursement of up to $300, subject to permission from the property owner, and direct staff to acquire insurance endorsement and any burning permit(s) which may be required. LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL � " - •OCT�, ER�2 � 1-99D�-` General Contractors Licenses Gilbert Construction Company Scott Larson Construction Co. Mike Nelson Masonry & Concrete Park Edge Construction Company Shaw Luaiber Sussel Corporation �� Viking Construction Company, Inc. Heatinct Licenses St. Marie Sheet Metal Inc. Excavatinct Licenses Bauer & Reamer Corporation Masonrv Licenses Buzzell Masonry, Inc. Gas Pipinq St. Marie Sheet Metal Inc. w ?��.w��•:�,�c!v,, 3�'�u: �-�,kt�;is� :+� ;�iir.�:,� ;�&�?�a�S,�.4�,�i�;ia�:�a�.�.�,�:�zc�> ��:�.�u,.��.�;�� i K ft I}` 7 t ( I- �' October 2, I990 TO: Mayor and City CounciZ CLAIMS LIST SUMMARY Tota1 Claimc Significant CZaimc EarZ Rrlderson MWCC Unusaal Clauns Park equipment Sewer/Sac $ 90,8Z1.10 23,100.00 40,000.66 �- -----------..----- --- -- --- - - --- - - _-- - - - - Dept 10-Adm . . Dept_ 90�Rd6Bridge _ y ' ZS-Engr 60-UtiZities I �.'s5 5ep a5:76T+ 10/2/90 Ll a.t ras L i st 20-Pdlice 70-Parks fiage s ! F'r2 s2:r36 Afa �1ty c+i' Me��dota Helgt2ts 20-Fire 80-Planning � 40-CEO 85-Recycling (---i'ernp_�»ec7c-rvc�mbes--__------1 ---•-----.__._._._.-- - - - . ,__ . .- - ------.--90-Animal-Control , ^ ( -. .�. Temp. Ft�3 ....._EYreck-_.-�-------�- �-- ---. _.. . - -� •- -- -- - - . ._� _.- -- -- --�- --�----� 1Vufnber^ Ve»Gar^ )Varne Accc�u»t. �ade �cmmenzs FYMCCtT'�t 6 16. 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YtZ� �...-r- --�...-- ------------- _ -_ - - - - - -- - -�----------- -------- ' ZB/2/90 CLAIMS LIST `-+ ---------- --•--- •• - —•- � ----._.�__ ..__�_ _ — -----.�_ .__-- — -- �-- -- - -------------- --- .�..-- "'1 � 12809 20.00 MAUMA REgr �3 I2810 5.50 Thereaa EssZinger primary Q. ._..._---� --�.�_.�...- ----- -- - --- ---- - S28Z2_.-__.__�.50 "Dolores Radabaugh`- -- „ • - --._ _-_ _----. �.--- �--._.y._ �5) 12812 2,524.38 payrolZ account " payroll �r 12813 508.50 Deputg registaar Thunderbird PD � -- - --- --- - - - _ .---- ------- - — �� ` --`--'---" ` �-` ' '- -- -""'"12814-'-"-46.80 Minnesota Glove past due invoice �8; 12815 40.00 Govt Trag svc regr. '� 12816 �• 95.00 Gug KuZ2ander expense reimb , �; _.-__ `.`___.--• ----- -- - __ _.. _ �. 12817 -' 60:00__Y,4,TC �. _____- _ -- regr. �- - - --- -------�--�� __-_ •_--------- i„' Z28Z8 3,367.32 SCCU 9/2I payrolZ deductions ;i�� 12819 578.86 Cormmercial Aspahlt mix '��i-- --- --- -------•-- ------12820--7;563:07 'PERAi- _.-_ -- __ g�7 pagroll -- --- --------- -- �4� 1282Z 500.00 Dakota County Bank 9/21 payrolldeductions -- Z2822 12,943.95 " 9/21 w/h �_-- -__�_.____`�2823'-3;Ob2'.-b3 �o�u%ssi`orier of l2Ev —'•------------.�-___...._ __�_��.�_ 12824 38,396.40 payrolZ a/c 9/2Z net payroll 12825 I0.00 MSSA regr - '2825-330:00-Mn�Pire`Ceit Boazd-FD cer'tifications ^`� ' ^ - _' _� 70;0"57:85�.._._------ ---- -�--•-- �------- ------___ � . G.T. 160,768.91 0 ) t CITY OF MENDOTA HEIGHTS MEMO September 28, 1990 TO: Mayor, City Council, City Administrator FROM: Klayton H. Eckles Civil Engineer SUBJECT: Furlong Area Public Hearing Job No. 8616 Improvement No. 86, Project No. 4 DISCUSSION � At the Septeniber 4th Council Meeting Council ordered a public hearing on the Furlong area utility project be held on October 2nd. Staff is prepared to present the Feasibility report at the meeting. The attached memo is a summary of the feasibility report (it would be a good idea to bring your copy of the full report anyway). i The additional information presented in this memo concerns � the amount of assistance which the Furlong area receives from TIF, well closure requirements, and sanitary sewer hook-up - requirements. When the Feasibility Report was presented, the question of how much TIF assistance the Furlong area receives came up. The answer is that it is not possible to calculate exactly how much the Furlong Area will receive in assistance because the entire area is benefitting. Even if the neighborhood were redeveloped as a commercial site, a good portion of this project would still be necessary. To get an idea of how much more TIF is needed consider this: As a single family site, it costs about $250,000 more to serve the Furlong area as a single family neighborhood than as a commercial site. However, as single family site, Furlong pays more assessments too. The increase in revenue because of the higher single family assessment rates is about $80,000. Therefore the net increase in TIF required is the difference in these two numbers; approximately $170,000 more + TIF is required to serve the area as a single family site. ' In comparison, the cost to acquire all the properties in the ; area was estimated in the Dahlgren Report to be $4 million. � Another issue which Staff has looked at is the capping of ; wells after hook-up to city water. According to the latest information, as long as a well in not contaminated, and is still in use, there in no need to cap it. The County Health ; Department has jurisdiction over wells, and would make the decision that a well must be capped. The last question which came up at the September 4th meeting was when must a homeowner hook up to the sanitary sewer once it is available. Staff has contacted the MWCC which informed us that their requirements say homes must hook up within 2 years of the time sewer becomes available. However, the city's ordinance states homeowners must hook-up within a year of the time the sewer is available. According to the MWCC, `the City has the ability to grant variances to its ordinance, but onlv if the private system in question is functioning correctly. Therefore the City could grant variances to those people who wish to continue using a fully functional system. Considering the reported septic problems in the area, it may be best for the City to encouraae early hook-up rather than providing ways to avoid it. The City ordinance as it stands is designed to eliminate problems associated with archaic septic systems. Perhaps the best method to address any variance from the existing City ordinance would be to look at each request on a case by case basis. RECOMMENDATION Staff recommends Council hold the public hearing for the Furlong and Surrounding Areas Improvement Project and order preparation of plans and specifications. ACTION REQUIRED If Council concurs with Staff's recommendation, Council should close the public hearing and pass Resolution 90- , RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWER, WATER, AND STORM SEWER IMPROVEMENTS TO SERVE THE FURLONG NEIGHBORHOOD AND SURROUNDING AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4). [ .� City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 90 - RESOLUTION ORDERING IMPROVEMENT AND � PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, AND STORM SEWERS IMPROVEMENTS TO SERVE FURLONG NEIGHBORHOOD AND SURROUNDING AREAS (IMPROVEMENT NO. 86, PROJECT NO. 4) WHEREAS, a public hearing was held on the 2nd day of October, 1990 at 8:00 o'clock P.M. in the City Hall of the City of Mendota Heights, Minnesota pursuant to resolution duly adopted by the City Council of the City of Mendota Heights on the question of the proposed construc- tion of the following described improvements: The construction of an extension to the City's sanitary sewer system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particular- ly described. The construction of an extension to the City�s water.distribution system including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particular- ly described. The construction of a storm sewer system including appurtenances and incidental thereto and the acquisition of easements, in and for the area hereinafter more particularly described. WHEREAS, due publication of the notice of public hearing on said proposed construction has been attended to; and WHEREAS, mailed notice of said hearing has been mailed more than 10 days before the date of said hearing to the owners of each parcel situated within the area proposed to be assessed, all in accordance with the applicable Minnesota Statutes, and WHEREAS, the City Engineer reported that the proposed improvement and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minneso- ta and is more particularly described as follows: , Those part of Section 34 North of the Soo Line Railroad Right-of- Way, West of Trunk Highway 55 and Southeast of future Trunk Highway 13 Right-of-Way. ' and ' Those parts of Section 27 and 34 East of Trunk Highway 55, South of Trunk Highway 110, West of Lexington Avenue, and North of I- 494, excluding some portions of Resurrection Cemetery, excluding the Centre Pointe South Subdivision and excluding the Med'allion Industrial Park. r ; WHEREAS, the City Council then proceeded to hear all persons interest- ed in said improvement and all persons were afforded an opportunity to present their views and objections to the making of said improvements. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That it is advisable, feasible, expedient and necessary that the City of Mendota Heights construct the above described improvements, and it is hereby ordered that said improvement be made. 2. That the City Engineer be and he is hereby authorized and directed to prepare plans and specifications for said im- provement. 3. That said improvement shall hereafter be known and designat- ed as Improvement No. 86, Project No. 4. Adopted by the City Council of the City of Mendota Heights this 2nd day of October, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson City Clerk � CiTY QF MENDQTA HEIGFiTB MEM4 Augusic 16, 1990 TO. Mayor, City Council., City Administr. � FROM: Klayton Eckles �.�%' SUBJECT: Furlong Area Feasibility Repart Update Job 8616 Imp. 86 Praj. 4 INTRQDUCTION This is a summary of the a�tached feasibility repart. Recammendations and Actian Required are alsa addressed in this memo. FEASIBILITY REPORT SUMMARY The resi.dents of the Furlong neighborhood have raised cancerns about ground water quality and failing septic systems. A feasibility report has been completed to �-- determine the cost to serve Furlong. In addition to serving the Furiong area, a large parta.on af the 3and in the "55 Corridor" would also be partially served. , The total cast �o bring sewer, water, and storm sewer to Furlong and tixe 20+ acres af cammercial property would be $1,177,Ot�0. Funding far this praject could come fram three sources: TIF, Assessments, and MnJDot cost sharing far storm sewer. The contribution of each is li�ted belaw: Assessments $643,700 TIF $482,800 Mn/Dat $40,50Q TGITAL $1,177,000 The resulting assessment rates would mean each resident in ' the Furlong neighborhood wau3d pay $9,?OQ far sewer and water and between $300 and $2,000 for storm sewer. The average per lot assessment would be $10,150. Commercial land would be assessed $4,000 per acre for sewer and $4,000 per acre for water. ' This project could be constructed in the 1991 constructian season with a campletion time in the fall of 1991. In order ts� meet this time frame the engineering and easement � acquisition wouZd have to b�gin this Fall. ; S � ' z �� TO: FROM: CITY OF MENDOTA HEIGHTS MEMO ' September 26, 1990 Mayor and City Council James E. Danielson, Public Works Dir Revin Batchelder, Administrative Assist n�� SUBJECT: CASE NO. 90-31: Discussiox EFH Company - Batesville Casket Comprehensive Plan Amendment Rezoning At their September meeting, the Planning Commission conducted a public hearing to consider EFH's/Batesville Casket's request for a Minor Comprehensive Plan Amendment and Rezoning to allow an office/warehouse facility at the corner of Mendota Heights Road, Highway 55 and Rogers Road. The current Comprehensive Plan designation is B(Business) with a B-1A (Business Park District) zoning. The requested change is to Industrial use. See attached staff inemos and plans. � At the meeting, the Planning Commission expressed concerns over the lack of detail in the landscape plan, lighting, storm water drainage and architectural appearance of the building. The Planning Commission also discussed the impact the rezoning might have on the rest of the contiguous B-lA district. There was one Ragers Road resident in attendance, Mrs . Gau' who lives at the far east end of Rogers Road adjacent to the Medallion Industrial Park to the east. Mrs. Gau stated that the air noise does not bother her and she is not anxious to move from the area. She had not seen the plan yet and had no specific objections or comments on the project. At the meeting, EFH submitted revised plans that addressed staff concerns that arose in planning meetings with staff. One issue that was neglected to be specifically addressed at ;the Planning Commission meeting was their nameplate sign shown at a twenty foot (20'j setback. Ordinance requires a forty foot (40') setback, however, Council has favorably considered twenty foot (20') sign setbacks throughout the industrial area. � The Metropolitan Council approval process for minor amendments is ten days at a minimum, if a sixty day public comments process is not recommended. The longer sixty day process only occurs in cases � r of significant metropolitan infrastructure impacts. Staff has already forwarded the application for Metropolitan Council approval, and if the City Council desires to approve the applicants request, it should be contingent on Metropolitan Council approval. RECOMMENDATION The Planning Commission voted unanimously to close the public hearing. The Planning Commission voted unanimously that the City Council approve the requested Minor Comprehensive Plan Amendment and rezoning contingent on staff's approval of the following: 1. Final details of the landscaping plan showing eight foot (8') Evergreens, a berm and improved landscaping along Rogers Road and a six foot (6') minimum between the building and the employee parking lot. 2. A detailed lighting and noise pollution abatement plan protecting the neighbors to the north. . 3. A grading plan showing storm water retention. ACTION RE4IIIRED Conduct the public hearing. If the City Council desires to implement the Planning Commission recommendation, they should consider the following actions: 1. Pass a motion to approve Resolution No. 90 - , "A RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT" . 2. Pass a motion adopting Ordinance No. , AN ORDINANCE AMENDING ORDINANCE 401, this amending Ordinance being for the purpose of rezoning the site. 3. Pass a motion to approve Resolution No. 90 - , "A RESOLUTION APPROVING THE SITE PLAN AND AUTHORIZING STAFF TO ISSUE THE BUILDING PERMIT TO EFH/BATESVILLE CASKET". JED/KLB:kkb � CITY OF MENDOTA HEIGHTS DAROTA COIINTY, MINNESOTA RESOI,IITION NO. 9 0 - RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN WHEREAS, EFH/Batesville Casket Company has proposed an office/warehouse facility on a site in a B-1A Zoning District, said site being at the northeast corner of Mendota Heights Road and TH 55 according to site plans and legal description on file in Planning Case No. 90-31; and , WHEREAS, The Comprehensive Plan of the City of Mendota Heights has guided this land as B(Business); and � WHEREAS, The Zoning Ordinance of the City of Mendota Heights has zoned this land B-1A (Business Park District); and - WHEREAS, The Planning Commission of the City of. Mendota Heights has conducted the required public hearing at their September 25, 1990 meeting and unanimously recommended that the City Council approve a requested Minor Comprehensive Plan Amendment and Rezoning for the above said site to allow construction of an industrial use, as proposed in Planning Case No. 90-31; and WHEREAS, The City Council of the City of Mendota Heights conducted the required public hearing at their October 2, 1990 meeting to consider the Minor Comprehensive Plan Amendment. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mendota Heights finds the office/warehouse facility to be an appropriate land use and the building plans to be consistent with the Zoning Ordinance of the City of Mendota Heights. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that a Minor Comprehensive Plan Amendment, subject to Metropolitan Council concurrence, be approved changing the guidance designation of the above said site from B(Business) to I (Industrial). Adopted by the City Council of the City of Mendota Heights this 2nd day of October, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City•Clerk CITY OF MENDOTA HEIGHTS DAROTA COIINTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 401 The City Council of the City of Mendota Heights, Minnesota ordains as follows: Section 1. Ordinance No. 401, known and referred to as the "Mendota Heights Zoning Ordinance," is hereby amended in the following respects: A. The following described property, commonly referred to as EFH/Batesville Casket Company proposed site, situated in the City of Mendota Heights in Dakota County, Minnesota, is herby rezoned from a"B-lA," Business Park District, as the case may be, to an "I," Industrial District, to- wit: That part of the NW 1/4 of the SE 1/4 of Section 34, Township 28, Range 23, described as follows: Beginning at the intersection of the North right of way line of Mendota Heights Road and the East line of said NW 1/4 of the SE 1/4; thence on an assumed bearing of North 00 degrees 35' 24" West along said East line a distance of 424.74 feet to the South line of Rogers Street, as platted in Schouveller Sub., thence South 65 degrees 37'30" West along said South line of Rogers Street a distance of 650.55 feet to the Easterly right of way line of S.T.H. No. 55; thence Southeasterly on a nontangential curve concave to the SW having a chord bearing of South 39 degrees 05'20" East, radius of 5829.58 feet, central angle of 02 degrees 11'12" a distance of 222.48 feet; thence South 75 degrees 12'03" East, not tangent to the last described curve, a distance of 158.24 feet to said North right of way line of Mendota Heights Road; thence Northeasterly on a nontangential curve concave to the South, having a chord bearing of North 79 degrees 23'41" East, radius of 858.51 feet, cnetral angle of 20 degrees 43'55" a distance of 310.64 feet to the point of beginning. Section 2. The Zoning Map of the City of Mendota Heights referred to and described in said Ordinance No. 401 as that certain map entitled "Zoning Map of Mendota Heights" shall not be published to show the aforesaid rezoning, but the City Clerk shall appropriately mark the said Zoning Map on file in the Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are herby incorporated by reference and made a part of this Ordinance. d n Section 3. This Ordinance shall be in full force and effect, contingent on Metropolitan Council approval, from and after its publication according to law. Enacted and ordained into an Ordinance this second day of October, 1990. ATTEST: Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor 0 CITY OF MENDOTA HEIGHTS DAROTA COIINTY� MINNESOTA RESOLIITION NO. 90- RESOLIITION APPROVING THE BITE PLAN AND AIIT$ORIZING STAFF TO ISSIIE THE BIIILDING PERMIT TO LFH/BATESVILLE CASRET WHEREAS, EFH/Batesville Casket Co. has proposed an office/warehouse facility on a site in a B-lA Zoning District, said site being at the northeast corner of Mendota Heights Road and TH 55 according to site plans and legal description on file in Planning Case No. 90-31; and WHEREAS, The Planning Commission conducted the required public hearing at their September 25, 1990 meeting and unanimously recommended that the City Council approve a requested Minor Comprehensive Plan Amendment and Rezoning for the above said site; and WHEREAS, the Planning Commission placed the following conditions for site plan approval on their recommendation to City Council, said conditions being: 1. Final details of the landscaping plan showing eight foot (8') Evergreens, a berm_and improved landscaping along Rogers Street and six foot (6') minimum between the building and the employee parking lot. 2. a detailed lighting and noise pollution abatement plan protecting the neighbors to the north. 3. A grading plan showing storm water retention. ; and WHEREAS, the City Council of the City of Mendota Heights conducted the required public hearing at their October 2, 1990 meeting and passed motions approving Resolution No.�90- , A RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT, and an amending Ordinance, Ordinance No. , AN ORDINANCE AMENDING ORDINANCE NO. 401, for the purpose of a rezoning; and , WHEREAS, the City Council of the City of Mendota Heights conducted a site plan review at their October 2, 1990 meeting. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that staff be authorized to issue the building permit according to the above said conditions and the site, plan materials dated as reviewed by City Council in Planning Case No. 90-31. Adopted by the City Council of the City of Mendota Heights this 2nd day of of October, 1990. ATTEST: Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor TO: FROM: CITY OF MENDOTA HEIGHTS MEMO September 26, 1990 Mayor and City Council James E. Danielson, Public Works Dir c Kevin Batchelder, Administrative Assist n�� SUBJECT: CASE NO. 90-31: niscossiorr EFH Company - Batesville Casket Comprehensive Plan Amendment Rezoning At their September meeting, the Planning Commission conducted a public hearing to consider EFH's/Batesville Casket's request for a Minor Comprehensive Plan Amendment and Rezoning to allow an office%warehouse facility at the corner of Mendota Heights Road, Highway 55 and Rogers Road. The current Comprehensive Plan designation is B(Business) with a B-1A (Business Park District) zoning. The requested change is to Industrial use. See attached staff inemos and plans. At the meeting, the Planning Commission expressed concerns over the lack of detail in the landscape plan, lighting, storm water drainage and architectural appearance of the building. The Planning Commission also discussed the impact the rezoning might have on the rest of the contiguous B-1A district. ( There was one Rogers Road resident in attendance, Mrs. Gau who lives at the far east end of Rogers Road adjacent to the Medallion Industrial Park to the east. Mrs. Gau stated that the air noise does not bother her and she is not.anxious to move from the area. She had not seen the plan yet and had no specific objections or comments on the project. � At the meeting, EFH submitted revised plans that addressed staff concerns that arose in planning meetings with staff. One issue.Ithat was neglected to be specifically addressed at the Planning Commission meeting was their nameplate sign shown at a twenty�foot (20') setback. Ordinance requires a forty foot (40') setback, however, Council has favorably considered twenty foot (20') sign setbacks throughout the industrial area. The Metropolitan Council approval process is ten days at a minimum, if a sixty day public not recommended. The longer sixty day process for minor amendments comments process is only occurs in cases CITY OF MENDOTA HEIGHTS TMui�u��7 September 20, 1990 . TO: Planning Commission FROM: James E. Danielson, Public Works Direc Kevin Batchelder, Administrative Assist �i ; SUBJECT: CASE NO. 90-31: EFH Company - Batesville Casket - Minor Comprehensive Plan Amendment Rezoning DISCIISSION . Mr. Gene Happe, developer, wishes to build a 30,000 square foot office/warehouse for Batesville Casket Company at the corner of Rogers Road, Mendota Heights Road and Highway 55. Mr.;Gene Happe has submitted a letter from Batesville Casket Company concerning this project in light of their other recent proposals (please see attached plans and letters). The current Comprehensive Plan has this land guided as Business (B) and the current zoning of the property is Business Park District (B1-A). In order to proceed with development of an office/warehouse use, it would be necessary for the City to approve a Minor Comprehensive Plan Amendment to change the guidance of this property to Industrial use. The land would also have to be rezoned to Industrial uses. These considerations may occur simultaneously during public hearings at the Planning Commission and City Council. If the Commission and Council approve a Minor Comprehensive Plan Amendment, the City then seeks Metropolitan Council approval to amend our Comprehensive Plan. Minor Comprehensive Plan Amendments include, but are not limited to: 1. Changes to the future land use plan where the changes are small, or where the proposed future land use will result in minor changes in metropolitan service demands. 2. Changes (land trades of additions) in the urban service area involving less than forty (40) acres. 3. Minor changes to plan goals and policies that do not change the overall thrust of the Comprehensive Plan. ; . ; RezoninQ The minimum lot size for a B-1A is five (5) acres. This lot, as it currently exists, would not be able to be developed as a B-1A use as it is not five (5) acres. There is currently Industrial zoned land on east, west and south of this parcel. The land to the north remains zoned B-1A and will need to be considered for rezoning at some point in the future. Project Specifics In conjunction with the rezoning, the Planning Commission needs to review the site plan, grading plan and the landscaping plan. Staff comments on these plans are as follows: 1. The exterior of the building is to be exposed aggregate concrete tip up panels, with no visible mechanical equipment on the rooftop. 2. The grading plan is being designed to have landscaping berms screening the loading docks. Mr. Happe has indicated to staff that the developer intends to save the trees along the northern boundary of the lot. 3. The landscaping plan submitted is minimal and is lacking in detail. The developer has indicated he will prepare a new plan enhancing the landscaping. . 4. There are four (4) existing single family homes along the north side of Rogers Road that will abut this proposed development. These homes are located within a Business Park District (B-1A) and are grandfathered in as existing non-conforming uses. These homes are located within the City's Tax Increment Finance District and are planned for acquisition. ; 5. There are no variances requested with this plan. ACTION REOIIIRED Conduct the public hearing. Consider the Comprehensive Plan Amendment changing the designation from Business (B) to Industrial (I). Consider a rezoning from Business Park District (B-1A) to Industrial (I). � JED/KLB:kkb � PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REOUESTE�: PLANNING CONSIDERATIONS: 25 September 1990 90-31 EFH Company Northeast (luadrant of Highway 55 and Mendota Heights Road (see sketch) Comprehensive Plan Amendment and Rezoning to Industrial 1. The applicant is proposing to develop the property for a 30,000 square-foot office warehouse facility for the Batesville Casket Company. This is the third site for which we have seen a proposal for Batesville. The previous proposal, which was approved at the last Council .meeting, was to be located on Lot 3 in the Northland Plaza subdivision. That site was abandoned .by the developer due to the presence of substantial quantities of un-engineered fill. The current site is located north; of Mendota Heights Road directly east of the recently realigned frontage road in the northeast quadrant of Highway 55 and Mendota Heights road. The property is presently zoned B-lA and is designated for business use in the Comprehensive Plan. Warehousing is not a permitted or conditional use in any of the business districts. The applicant, therefore, proposes to amend the Comprehensive Plan to designate the property for industrial use and rezone it from B-lA to I. 2. In order to determine whether it is appropriate to amend the Comprehensive Plan from Business designation to Industrial, it is important to look at the surrounding land use, adjacent roadways, and the long-range objectives for land use within the area. Currently, the land use surrounding the subject property is primarily industrial. To the east the land is zoned and guided in the Comprehensive Plan for industrial use. The property south of Mendota Heights Road is guided for business use and the parcel in the southeast quadrant of Mendota Heights Road and Highway 55, directly across the• street from the subject property, is currently ; zoned B-3. The remainder of the parcels within the Northland Plaza subdivision are zoned Industrial. The entire area west of Highway 55 is zoned for industrial use. At this time, there is no development on the parcel directly west of Highway SS from the subject property. ; The primary area of concern with respect to adjacent land use is the remaining single-family residences located north of Rogers Road. This area suffers from the impact of aircraft noise. The City has offe�red to purchase the four remaining homes in this area through the use' of tax increment funds in order to allow these residents to relocate i�nto areas more suitable for residential use. To date, only one of the residents along Rogers Road has taken advantage of the City's offer and this home has been removed. Of the four remaining homes, only three . ' EFH Company, Case No. 90-31 Page 2 are located with frontage on Rogers Road. The fourth fronts onto the east frontage road of Highway S5. One of the three homes along Rogers Road is located at the far eastern end of the road, and therefore, would be least affected by the proposed office/warehouse structure. The remaining two residences would be located directly across the street fro m the proposed structure. Between these homes and the proposed building site, there is a 2 to 3-foot knoll and some existing vegetation that runs along the south side of Rogers Road at the north end of the subject property. This knoll could provide some screening for the residences north of Rogers Road. Since the access drives do not enter onto Rogers Road, there should be little concern with respect to traffic movement adjacent to the single-family homes. The long-range inte�t for the Rogers Road area has always been for a more intensive use. This proposal is not inconsistent with that intent. Generally, the proposed office warehouse is consistent with the surrounding land uses with the exception of the remaining single-family residences north of Rogers Road. 3. The roadways that would serve the subject property have been designed with business or industrial use in mind. While it is anticipated that there would be a significant amount of truck traffic associated with the proposed facility, the property has access almost directly to Highway SS via the new frontage road and Mendota Heights Road. We believe these roads have ample width and capacity to handle the anticipated truck traffic. Since there are no immediate plans for developments north of Mendota Heights Road that would utilize the frontage road, we see few concerns for traffic conflicts at this time as a result of the project. In order to accommodate turning movements for the tractor/trailer trucks, the site plan has three access drives and curb cuts. This should allow for the smooth movement of trucks in and out of the site. Since traffic levels on the frontage road are very low, the additional turning moveme�ts created by the three access drives should not result in any significant conflict. 4. The B-lA or Business Park zoning district that currently applies to this property and the surrounding property to the north is intended to encourage a business park or office campus-type development. The subject property would be located at the entry �to this potential business park should it eventually be developed. By rezoning this property for industrial use, the City would be creating a situation where an industrial, in this case an office/warehouse, facility would be located on the most prominent parcel of this business office park district. The result could be that future developers may view the remainder of the land zoned for B-lA in this area as having greater potential for further industrial development rather tha� a business office park. 5. The proposed site plan meets or exceeds all of the zoning requirements for an industrial development as outlined in Section 16 of the Mendota Heights City Ordinance. The site plan shows 24 parking stalls provided and the plan lists 28 stalls required by code. However, the code actually requires 21 stalls. Therefore, the site plan exceeds the code requirement by three stalls. Section 18.1 Subd. 2D requires all parking spaces to be 10 feet by 20 feet in dimension. The stalls o� the site EFH Company, Case No. 90-31 plan are shown to be The overall width of measures at 60 feet. width of the parking permit. Page 3 9 feet in width and measure 18 feet in length. the parking bay is dimensioned at 62 feet, `but The discrepancy in the size of the stalls and the bay should be resolved prior to issuance of the 6. The site plan shows a setback adjacent to Rogers Road of 50 feet. Fifty feet is the required rear yard setback for the industrial district. Ordinarily, the setback from Rogers Road would be 40 feet; since this would be considered a front yard. However, in this case it is anticipated that Rogers Road will be vacated in the future, and therefore, a rear yard setback is appropriate. In addition, during the interim period while there are still single-family homes on the north side of Rogers Road, the additional 10 feet of setback will help buffer the proposed facility from these homes. One of the primary concerns with respect to the proposed site plan and office warehouse building relates to the appearance of the project from Mendota Heights Road and Highway S5. • 7. The applicant proposes to orient the loading area toward Highway 55. In order to reduce the impact of the view of this loading area from Highway 55 in Mendota Heights Road, the applicant proposes to construct berms along the frontage road. The height of these berms ranges from roughly 6 to 7 feet adjacent to the building to 8 feet in the center island and 10 feet or greater at the intersection of the frontage road and Rogers Road. There is also a berm running parallel to Rogers Road, which is intended to screen loading activities from the single-family homes north of Rogers Road. The size and location of the berms is adequate. However, their effectiveness for screening could be greatly improved by additional landscaping. The option of providing plantings within the State right-of-way in those areas opposite of the truck access drives to further screen truck traffic from Highway SS and Mendota Heights Road should be explored. Additional landscaping along the north property line adjacent to Rogers Road in those areas where the remaining single-family homes are located could minimize the visual impact on these homes. Generally, the species and size of the pl2nts selected are adequate. However, the appearance of the project ;would be greatly improved by a more imaginative and extensive use of landscaping. Section 16.4 Subd. 4 of the Mendota Heights ordinance requires detailed landscape plans to be prepared and signed by a landscape architect as part of the building permit requirements. 8. The proposed building design as illustrated by the elevations provided with the applicant's submission package is not unlike those reviewed for the previous two applications submitted on behalf of the Batesville Casket company. Section 4.17 Subd. 3D permits the use '; of professionally designed, pre-cast concrete units that are decoratively treated. The developer proposes to construct the building of pre-cast concrete T-panels. This material does create some vertical shadow patterns that help break up the otherwise uninterrupted concrete facade of the structure. The e�try detail also helps create interest and faces directly toward the intersection of Highway 55 and Mendota Heights Road. Once again, additional landscaping along the building would help soften the overal! appearance. ; \ • � M � \ L Of 4�p . 00 � : c= Mm�' f . 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' I ' � \ �tit ` � \. � � _� . ..' �J� .. 1 � „�_�r MENOOTA F4EIGNTS ROAD : tY '� %� �� ,! f) - _� ; � . . � . . � ' // e, � \� r V � , ' ' i , � � J i i r -�.� ��,,� � � ( _�M_ � ... , � r.. M1� , . W � . /, j;.�.� y ' , x J W ; �' �'/ I � I E ' I . �� . .. " __ :.� _ - --- _ - 1 � f , // �.,No�r nt a.ri,.�' , _ ' - .� - ::. ----fN�ER$�A�E---�_-, �.. _ .�_..�'..E2.I.IMLC__� �_ � c �_� '� � . �_.— ''� - �_ —.. . � �__ ' - ' - - : � -r. _ -_ 7 i/r �i� . . . . � '� ' . - . .-.. �--�� .�.` . . -"i" ~ . .:i"" '�.�: ^� , ' - , /. ' J �' . .. =-�'. � .. � i'/ . -- --- - . -. _�..,-- i _ .� . -��, . � . , . • /, . i (. �� _..�'"' l'! � ; '� ;�:�/ ,�' � , _ .__. ._.�' � � �i t�'j • � , - = � � .- -, -- � �\' tJ ; -- - ` � � � ' � / r� �� ' � ' ! _ � �,C. 1 � ,'� \, � , EFH CO. �� , . ' GENERAL CONTRACTOR �GENEHAPPE,PRES: � � �` �`'k� September 18, 199 �_ Mr. Tom Lawell, Administrator City of Mendota Heights Highway 110 and Lexington Ave. Mendota Heights, Minnesota Dear Mr.' Lawell: a�2.c . ��e�v� k�..�i �-- q/1q� a0 This letter is being sent to you to explain and perhaps clarify the various.proposals that have been before the the Planning Commission and the City Council on behalf of Batesville Casket Co. of Batesville, Indiana. Over the past six months or so, Batesville Casket has' solicited proposals to design/build a distribution center in the Eagan, Mendota Heights area of the Twin Cities. Several General Contractors including EFH Co., Keasland Co. of Hamilton, Ohio, Opus Corp. and others submitted proposals on various sites in these areas, all of us acting independently and based on Batesville's request for proposals. Each of the parties were unaware�of the other contractors proposals. This came to light when EFH Co. and Keasland both scheduled a proposal before the Mendota Heights Planning Commission for the same night. EFH was then asked to back away from the hearing and Keasland was instructed to proceed. EFH agreed to act as General Contractor to build the building for -Keasland Co.�, the developer of the site at 494 and highway 55. ' Pursuant to our request to Keasland, EFH Co. received soil borings of that site whi hRhad been previously approved by the Mendota Heights Coun il. The borings showed the site as a borrow pit with approx. f loose fill from the construction of Interstate 494. After discussion with Batesville, Keasland and myself, a decision was made to abandon the site. Because of Batesville's�desire to remain in that immediate area, I was instructed by Batesville to acquire another �site which is the subject of the Planning Commission , meeting on September 25 and Council Agenda on October 2, 1990. � . ' I ' EFH Co. has a purchase agreement with the land owners, the plans for the proposed new building are complete and EFH ' Co. has a letter agreement with Batesville for the construction of the building. The purchase agreement for the land is subject only to the approval of Mendota Heights. � E,4ST HIGHWAY,13, BURNSVILLE, MINNESOTA 55337 :• -.'r _, :';..:�::��y��-�'x�._612-890-6450 Mr. Tom Lawell, Administrator Page 2 , If approval is granted, I intend to begin excavating week of October 2, 1990 and the delivery and erection of Pre-stressed panel is scheduled for the third week in October: Batesville is asking for final occupancy prior February 1, 1991. the the to This letter is being sent to assure the members of the Planning Commission and the members of the City Council that it is the intent of Batesville Casket Co. to proceed immediately on this construction project. I have enclosed a copy of a letter dated September 12, 1990 from Batesville evidencing their intent to proceed. The contingencies referred to in their letter are satisfactory soil tests, clear title and approval of Mendota Heights. Title has been cleared, soil tests are scheduled for Friday, September 21 and the other contingency is dependent upon action of the Planning Commission and the City Council. We should have ' the soil test results prior to the planning commission hearing.� 1 Our apology to you for the confusion with Batesville. They had every intention of proceeding with the 494 and 55 sight but found the soil unsuitable in its present form and the costs to correct prohibitive. Even if the soil could be excavated and compacted with controlled fill, I have reservations about building on 25' of compacted fill. If you have any questions on the pending proposal, please call me. I will also be available at both the Planning Commission and Council meetings to answer any questions that might be raised. Thank i i Enclos you for your consideration in this matter. Yours truly, EFH o. �� ` r `,,� Gene F. Happe, Pres. � September •12:, 1990 �� " . �h�� Mr. Gene Happe �^��;�� EFH Company 1601 E. Highway 13 �� , Burnsville, Minnesota 55337 � RE: Mendota Heights Construction Project �' �" -� . � Dear Mr. Happe: � -' Please be advised of .Batesville Casket Company.'�s ��..; '�� -i � , intent to pro.ceed with the land purchase and :�;;• °�'== -w-= :� construction project on the site at the Northeast �� , corner of Mendota Aeights Road and Highway 55, �°_-�° . ; utilizing your firm as developer/contractor. ' i � This letter hereby authorizes you to complete:work�on • final plans, with Batesville Casket Company agreeing± � to enter�.in�o a��•�formal contract as soon as all�>xw �"`=" �� f' contingencies are resolved and contract documentF:;<:-,,.:� . review��are complete. This authorization�is°based`�`ori ' ' the proposal submitted to Batesville�Casket.Company,•�_in your letter of August 27, 1990, subject to any;�`change� orders and contingent upon soils te�ts on the".,;i:.�..;�;:�:�:: : specified property providing a building site;�su3:t�'able�" to Batesville. " R . -' `� '�: , . . : •:`J,:r;':=.--;.;�;;�,t :. � �,` `,� � •:i�:.� C�.,7F �n,. .., . A� 'i.. '.. � . With this authorization, we are •conf�ident�:o'f•i'ineeting:>¢�-_^. �F� �� th�ptember 25th P�a ' �iniis'sio ' � �` "�� `��`'"�` "��' _ ... se nning Co ri`; and��;0a�;ober�x2� d`�' :>� �' �`,' y Council y dates , � "�. ;�: :a:r,�,,;c;;q;�: �:•.��;�;�,��;�.. eview, . - � ..�.s:;,�;�.-.,y:..::z.,. :. , . . . .. .. . .,��,,,-�.t:.�,..:., : � .. :Y �:'��n -�i�...��i:�;;f �.iti :Y� �: _ � t.•1'� i' If there is an thin �further you �� ''��,A�`"''"''�'�"��`��,° � •, 'fiI i ..•y � Y g require; �from;; us;�,�; . . lease contact "La ry, myself' �'. °'��'.x�,'"•`s�,.�.'°''� � . P r Brett or :.•r ;,{ al;� �;; . �. - � ,;�f. r;,. , • � ��. j� . _ y � rt'.��r-C + .'� � • Since � -. � . °,:�>�:,�;� � ��r=��4. . � x,, relY. . : �: :. �",;:; ; . . � . , . i`:z��`a .;r ; >;t=, �� f..y . . . - . .. �'r��: i; . .. , $ATESVILLE CASKET COMPANY, INC. .• . ' .- ' .• _ F , • >: �;•,•",;, :;;�;� ::4: . , , , - .:.�:, >��:�:�=;t' ;�,. ' _ . � ' - ' s; ' :" =.:Y:: w � 's;�: ;•, .. . i ` . , . - . .. ,. 1'' . . . o ar_nin ' . . ;._t: . � �c � � � id�n • : � . .. . � � �i�a.gfsfics � , ,� . i . { ��•S.' . . . " ' '�.•� .. •? " � - ' 4.f' � I y094�tk ' : :f`: '`� . . , � � ' � :'. ;:::7�``�°4 'J�,.r�.. ' . . : � w.•�l'F; v i:.r± �{:S��Ir �. . , .�:. � y,+<a+�r'^Ii,- : , • ., �'.•:r�.�{�;r'.r...n.=:�'"-�r},i?.�<4 _.: . . � C :�`M. '1'irtiy+ +l. ' ' ' ,"yF�i'b�:,�sfi�"��'fi��te,±�w t^. . �' . "V,r�+iy,��,�`S�+" ��,�Yi;: ��, .r r . • . r,W t N ."+:��.�:1•y�i�� i•�ie.� _ '. . , . � C ity o� ....�. 1Viendota Heights APPLICATION FOR CONSIDERATION OF PLAN1�tING REQUEST � Case No. _Qi� - � � � Date of Ap lication - -y' Fee Paid �� .Oa I-P �4 � 1 - - Applicant Name: ��" � • pg; �"/(>- � y�� (I-ast) (F'�rst) (D'In � � Address: �� . ;�,�.,� � ��-�.; ll� � � ; �� . j--�-� �, � (Number & Street) (City) (Siate) (Zip) • . , �. Owner;Name: c� 1i11 P_ � ' � � � . t � . (Last) (F'ust) . (Nin � � Address: � . . - - � (Number & Street) (City) (State) (Zip) Street Location of Pro m �� /' • PertY � QueStion: � i I.t/_�_ ��, e(/t � S' � f . ' . j I ' � . Legal Description of Property: � - .. Type of R est: � , • � Rezoning Conditional Use Permit Conditional Use Permit for P.U.D. , �Ian.Approval . . � � . •: . . _ Comprehensive Plan Amendment ., � ; .. : Applicable City Ordinance Number ' � - -� � � .j. ': � . - Present �ning of Properry -- Present Use' .... Proposed Zoning of ProPeri3' -t '�"' � Proposed Use _ � . . Variance • � • Subdivision Approval � • Wedands Permit � � • • Othei (attach explanation) ;_ : . � . . � . . � - - . �.z . • - _ � - , _ Section � � � - • , , . • _ _ : - . �� I hereby declare that all statements made in this request and addi ' . •• �.�� ' •` material are true. . ' + � . . � . � � e of Applicant) . � - ��.— /.�f �- —�j � . / ' (Date) , . , � . , , (R 'ved by - Title) _� ��nO � f �� . . � 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING September 13, 1990 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the City Council of the City of Mendota Heights will meet at 8:15 o'clock P.M. or as'soon thereafter as possible, on Tuesday, October 2, 1990, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. Gene Happe of EFH Company for rezoning from Business Park District (B1-A) to Industrial zoning for the purpose of constructing an office warehouse at the following described property: • That part of the NW 1/4 of the SE 1/4 of Section 34, Township 28, Range 23, described as follows: Beginning at the intersection of the North right of way line of Mendota Heights Road and the East line of said NW 1/4 of the SE 1/4; thence on an assumed bearing of North 00 degrees 35'24" West along�said East line a distance of 424.74 feet to the South line of Rogers Street, as platted in Schouveller Sub. , thence South 65 degrees 37'30" West along said South line of Rogers Street a distance of 650.55 feet to the'Easterly right of way line of S.T.H. No. 55; thence Southeasterly on a nontangential curve concave to the SW having a chord bearing of South 39 degrees 05'20" East, radius of 5829.58 feet, central angle of 02 degrees 11'12" a distance of 222.48 feet; thence South 75 degrees 12'03" East, not tangent to the last described curve, a distance of 158.24 feet to said North right of way line of Mendota Heights Road; thence Northeasterly on a nontangential curve concave to the South, having a chord bearing of North 79 degrees 23'41" East, radius of 858.51 feet, central angle of 20 degrees 43'55" a distance of 310.64 feet to the point of beginning. More particularly, this property is located at the northeast corner of Highway 55 and Mendota Heights Road. � This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed rezoning will be heard at this meeting. � ; ; Kathleen M. Swanson ; ' City Clerk ' CITY OF MENDOTA HEIGHTS NOTICE OF HEARING September 6, 1990 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commission of the City of Mendota Heights will meet at 7:45 o'clock P.M. on Tuesday, September 25, 1990, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. Gene Happe of EFH Company for rezoning from Business Park District (B1-A) to Industrial zoning for the purpose of constructing an office warehouse at the following described property: • That part of the NW 1/4 of the SE 1/4 of Section 34, Township 28, Range 23, described as follows: Beginning at the intersection of the North right of way line of Mendota Heights Road and the East line of said NW 1/4 of the SE 1/4; thence on an assumed bearing of North 00 degrees 35'24" West along,said East line a distance of 424.74 feet to the South line of Rogers Street, as platted in Schouveller Sub. , thence South 65 degrees 37'30" West along said South line of Rogers Street a distance of 650.55 feet to the Easterly right of way line of S.T.H. No. 55; thence Southeasterly on a nontangential curve concave to the SW having a chord bearing of South 39 degrees 05'20" East, radius of 5829.58 feet, central angle of 02 degrees 11'12" a distance of 222.48 feet; thence South 75 degrees 12'03" East, not tangent to the last described curve, a distance of 158.24 feet to said North right of way line of Mendota Heights Road; thence Northeasterly on a nontangential curve concave to the South, having a chord bearing of North 79 degrees 23'41" East, radius of 858.51 feet, central angle of 20 degrees 43'55" a distance of 310.64 feet to the point of beginning. More particularly, this property is located at the northeast corner of Highway 55 and Mendota Heights Road. This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed rezoning will be heard at this meeting. Kathleen M. Swanson City Clerk ; - C it o� � y .... . _ 1Vier�dota Heights September 28, 1990 Mr. Gene Happe EFH Company 1601 East Highway 13 Burnsville, MN 55337 Dear Mr. Happe: ��_ �1 � n6 r Co v�i�a �(c.�,�. Your appl ication for a � e Zo v► �� c, � will be considered by the City Council at their next regularly scheduled . meeting, which will be held on Tuesday; �ciabe-r 2,�� The Council meeting starts at 7:30 o'clock P.M. here at City Hall in ' the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended -�,g -�(,�..�-- C�-E-� �o�c.l _ �— , �i G_LP (��v� 4 D v � �P_cr cr�S� fA�� --� a v�� a�n ,, l' ) Q.�c� ��'C o�r.�,� �J' _.�2 Cl C'l� l� 10.KC�SGR�(,� ll/t9 l�-) �YLL��kc: O�,YLc�- `l q�� l 1�a� p� wh'g �o f- ctw9 • �u � �c9 �•�c� • - . � ► , � C� If you have any questions, please feel free to contact me. � . ; . - Sincerely, . . �� ,� , . � . - � ° Kevin Batchelder , _ Administrative Assistant ; KLB:kkb �- i 1101 Victori� Curve • 1Viendota Heights, 1VIN • 55118 4v2 • 1850 � ; � C ity o� { .�., .• 1Viendota Heights � September 21, 1990 Mr. Gene Happe EFH Company 1601 East Highway 13 Burnsville, NIl�T 55337 Dear Mr. Happe: �aw. p f' 1.�-.�^ .�-w.�..-dZwc..�-F Your application for a 2 e zov� � v�. will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, Q �� ?.5 r(� Q,�j The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall in the Council Chambers. You, or a representative should plan on attending the meeting, in order that your application will receive Commission•consideration. If you have any questions, please feel free to contact me. � Sincerely, ICic,��.-,— � Kevin Batchelder Admi�istrative Assistant KLB:kkb 1101 Victoria Curve • 1Viendota Heights, 1ViN • 5�118 452 • 1850 CITY QF MENDOTA HEIGHTS MEMO September 26, 1990 TO: Mayor and City Caunail FROM: James E. Danielsan, Public Works Dire� Kevin Batahelder, Administrat�ive Assista t� L �UBJECT: CASE NO. 90-34: Wildenauer - Wetlands Permit DISCIISSSON Dr. Jerry Wild�nauer appeared before the Planning Cammission ta request a Wet3ands Perneit in order to canstruct a single family home on Warrior Drive adjacent to Warrior Pond. Please see attached staff inemos and plans, The Planning Commissa.on expressed a concern about praper erosion cantrol to protect the pand from the grading wark necessary �o construct a small retaining wall. The Planning Commission'also discussed the setback as it relates to open decks. Staff informed �he Planning Cammission that setbacks are measured �o the'main structure, however, decks are considered structures and therefore require Wetlands consideration. RECOMMENDATION The Planning Commissian vated unanimously to waiv� the publia hearing and recommend that City Council approve a Wetlands Parmit to allow construction of a single family home at 1859 Warriar Drive according to the site plan submitted dated September 6, 1990 subject ta staff approval of proper erosion cantro3 a� the site. ACTION RE4UTRED Consider waiving �he public hearing. If the City Council desires �.a implement the Planning Cam�ttission's recommendation, they should pass a motian approving the Wetlands Permit according to the submitted site plan dated 5eptember 6, 1990 with a condition of staff approval that praper erasion cantrol methads are fallowed. [l�1ta��J �i. i . �yfii� CITY OF MENDOTA HEIGHTS ��7 TO: Planning Commission September 19, 1990 FROM: James E. Danielson, Public Works Director Kevin Batchelder, Administrative Assistant SUBJECT: CASE NO. 90-34: Wildenauer - Wetlands Permit DISCIISSION Dr. Jerry Wildenauer proposes to construct a new home. adjacent to the east side of Warrior Pond. All the new homes along the east side of Warrior Pond have needed Wetlands Permits because of the sanitary sewer easement that runs through the middle of the lots. The proposed house is to be seventy feet (70') from the Wetlands. Dr. Wildenauer proposes to have a deck that will be fourteen feet (14') closer to the Wetlands and a retaining wall that will allow him to have a flat area of back yard without having to fill near the pond. ACTION REOIIIRED Consider waiving the public hearing, discuss the proposal with the applicant and make a recommendation to the City Council. JED/KLB:kkb i PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REGIUESTED: PLANNING CONSIDERATIONS: 25 September 1990 90-34 Dr. Jerrold R. Wilde�auer Lot 2, Block 1 of the Ponds Me�dota Heights (see sketch) Wetlands Permit l. The applicant is requesting a permit to construct a single-family home a�d install a retaining wall and do some grading within the 100-foot wetlands setback. Section 6 Subd. 4 of the wetlands ordinance requires a wetlands permit for the construction, alteration, or removal of any structure within 100 feet of the designated wetland. In addition, Subd. S of Section 6 requires a permit for the removal of vegetation within the 100-foot setback. The location of the proposed single-family residence and the construction of the retaining wall will result in the removal of some vegetation. 2. The subject property is one of six lots that were platted on the east side of Warrior Pond. When the subdivision was platted, the utilities were installed through the front portion of these lots. As a result, there is a 30-foot wide utility easement that runs roughly through the center of the subject property and parallel to the shoreline of Warrior Pond. At the time the subdivision was platted, it was understood that some latitude would be necessary when reviewing the front yard setback and wetlands setbacks for construction on these properties. To date, there have been wetlands permits granted for several of the properties in that subdivision. The most recent being, Flavio Mangini's residence that is currently under construction directly south of the subject property. Since the structures on the lots adjacent to the subject property are also located westerly of the 30-foot utility easement, those structures have front yard setbacks roughly equivalent to that proposed by Dr. Wildenauer on the subject property. The setback from the front lot line of the subject property is' approximately 139 feet. 3. The subject property has vegetation separated into two areas by a 50-foot clearing, which is roughly in the center of the lot. There is a relatively large, dense stand of trees on the easterly portion of the property nearest Warrior Drive. The area adjacent to the pond is covered by sumac and some softwood trees. Mr. Wildenauer proposes to construct his home primarily within the cleared area. The proposed retaining wall that is intended to provide some flat, usable space in the rear yard area will require the removal of some of the vegetation on that portion of the lot adjace�t to the pond. We would recommend that some care be taken to preserve as much of the vegetation in this area as possible in order to provide some buffer from the homes on the Dr. Jerrold R. Wildenauer, Case No. 90-34 Page 2 _ opposite side of the pond. Generally, the home is situated appropriately on the lot. Its location will preserve much of the existing vegetation, particularly the more mature vegetation on the eastern portion of the lot. Preserving this vegetation will result in the home being almost entirely screened from Warrior �rive similar to the home located on Lot 1 directly north of the subject property. 4. Section 7 of the wetlands ordinance outlines the standards for issuing a wetlands permit. Item 11 of these standards requires that the lowest floor elevations of buildings located within the area protected by the wetlands ordinance be at least 3 feet above the highest known water level. The lowest elevation of the proposed structure is 939.4 as indicated on the site plan. This is approximately 13 feet above the pond elevation at 926.3. Item 14 of the standards for issuance of a permit states that removal of vegetation within the 100-foot wetlands setback area be limited to that reasonably required for the placement of structures and use of the property. As discussed earlier, the location of the proposed reside�ce on the lot does result in the removal of some vegetation. However, this is due to the fact that the structure must be located to avoid the 30-foot utility easement and comply with the front yard setback established by the residences on either side of the subject property. Under these conditions, it is clear that the vegetation removed is reasonable. 5. Based on the conditions imposed on this lot due to the utility easement and the location of the vegetation, the applicant's request as represented by the site plan is reasonable. . Mar��E � _ __ Zo 2oZ ZaZ ZOZ �Lo7� Z.So 2�0,44 1 � �' y� � ,� , �z 1 H zo b i 9 h�j �$ h'I � 7 � /G _ I . M N N I �f' . I S J � I ' " w n J I � o 33 . ` y� �� - �� 'is ZS � Z9 y 3p y 31 y 3Z a Z �4 w N N N S O �' $ � I Zo2� zo-t, zoZ zoz 79T 3�0 _AHAN PLAG� � 3S � . N .I' _ ' 1 131 � 150 r •ti!« C.d` _ �64.03 _ 34 �� ..� , .�_26 �; ,� �,�y�,,s ,,,� . ^ �. 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' � . _:;. �-. � � � ' i � -:-' SUBJECT PROPERTY � � 1 � � � � _ �, , ; '� t. _ , :'" -' N4RTN T . �.. �� -_----:� ��:- • ' ��' ' �i' I : • • SCALE 1 •=soo� : � _ �. � ' - . ... � . . - _a . � y � • • � • • 3 S �It== • r�- • '� tww. � • � �. ' � � �.� � • Q �. •� ♦ O • I -' • - i� • " � � �'�'', s, ¢ �c �.�c v.�.i �n . � sa a - . � f I ' �; \ • � t _ .�i/ j� + � / ' �! � . • .t . �! "� ` . � M1 �.. N � �, r , ` ` � • � MEMM• 5�81E♦ '�' � � ' C �W SErWa M�G« SCM004 `• �/ ' , � X� � � . � vuQL�C '. \ • W . � S��•L,;; •, • . .. .. �'� t 5+� �;, � • � � � � � � !M �� • 51 � «s v �j- . - • � ` . �� "�.2.��: • . i . , .. - • � r' � , : . � t � _ p� y �+ •� ( • -' . " •..� + • (�,� * � j�, ` ' ' � — ^ __.� �_• `^s.=.."_ - ....`� -. J_ _'_'_'�^"i , ._.i• �,.�� _—.J�r »,_ Vi^ Y ' '�-'�. c�� --`.__..._..� G:_`�,"Z °` � ♦ K•�w 5>'��. . .�. �'� j =� �; 'f • -- i ' � i o• � x-----.- � A�. ,�=;":� j',f t I r-! �_ ,� Nc /NTRY CLUB `� � � I � � . ' �' � i tl i + • ` . � f . / "t�_.. _J V + % :.� . � "��,��:�:� . � � I _,� . � •.•. � 1 � .�'r� r ~ri. ! �1 :' / �a_- �/-j • ' 1' ,—___-.%� - OODGE .�� aaTUitE tEHTE • s � ';" - - ", � " = r. . � ! �, .. _ . , . _ .��' � •.",�1, � � �_ i _-_ . .`•�.:: .7C. .<ut �: ;. _ % fa[ MKt • ..i�� r \ ' \-/ - +=� �� • • �¢` 'I �. -� •_�' • � � `\ f .� � _ • ' . � - : . �_�_� � • • "t . � __ - .,-�- �,,.,' , � ' �--' �� ;� /. ��r�,� i \ �. ; � . , � cn i � � �. , ` � � �/ � � , ��,/' _ r � —� • 1 1 � � 1 f d y p o , ' � •. . • . . . • _ . �„ 4 «anx« ae. ra - --vg.rycn ca � Esstuc«r . o. --- --. -,- !+M�.' - ... _ . ' - 1' • . . 1� . � ' . - �. W _ _•__ ,w+.�+�n'Tw�.r-�� — ••. Dr. Jerrold R. Wildenauer ; 1047 Marie Avenue Mendota Heights, Minnesota 55118 September 4, 1990 City of Mendota Heights 1101 Victoria Curve -• � Mendota Heights, MN 55118 Gentlemenz Enclosed is an application for a variance and wetland permit for Lot 2, Block 1, The Ponds of Mendota Heights, Dakota County, ' Minnesota. The reason for the variance request is due to the location of the sewer utility easement. The present pond setback requirement would place the proposed residence on the easement. We are, therefore, requesting to move the residence to the west side of the easement setting the residence approximately 70' from the pond which we feel is the most desireable location for the residence. Thank you for your attention. �incerely, �� _ J rrold R. Wildenauer i �i�� a� .�.�,�.� 1��ie�do�a� Heig�ts APPLICATION.FOR CONSIDERATION C►F � PLANNING REQUEST � � M . - � • . � . . � t "'°,,,► 4��t - ' . t � �..�.� �j� ��Ili1�� Applicant Name: ��, 1 Q PY� Git ��. �" ., �P_ fC0 � 1} R PH; �`� �-�.C'� E� CLast) (F'�rst) (A'� Adc�ress: (Number & Street) (City} (State) (Zip) OwnerName: l� ) 1 � � �al Pf" �E�r--rc�c.0 t2. {]:.ast) � CFirst7 {�� Address: '�t ,,v� �. . (Number & S�reet) • (City) (State) (Zip) �Street I,Ucatian of Praperty in Quesdon: � R•� 9 ��i� r r� n�: ��c t�•.e: Z.egal Description of Froperty: i.- o-T' �� 1 Oc�i � t�D11k,�S o�h �!%�tr�dTr. , �� Type of Request: Rezaning . Canditional Use Permit Conditional Use Pernzit for P.U.D. Plan Approval � Comgrehensive Plan Amendment Applicable City Ordinance Number � Present Zaning of Property Present Use i, Proposed Zoning of Property .; � Proposed Use i hereby declare that atl statements made in tlus req� material are true. Vaxiauce Subdivision Approval �,,,_ Wetlands Permit Other (attach explanation) Section and o�,the additional of Applicant) (Received iiy - ,1 � 't 1101 Victoria Curve • IViendota Heights, 1ViN • 55118 452 • 1850 I have no objection for a wetlands permit to be granted for Lot 2, Block 1, ponds of Mendota � ; C ity o� .�.1 .� 1Viendota Heiglits September 28, 1990 Dr. Jerrold Wildenauer 1047 Marie Avenue Mendota Heights, MN 55118 Dear Dr. Wildenauer: Your application for a�2�'ict�,.�.s3 Q�,rr�► ��' will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, (S c.�}-o �a,�.r 2.�"�' The Council meeting starts at 7:30 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended ��--��' C��-.� Co ��c � � . _C,� ra...n � vo., r' v-e4 �r25� tc9 W-e_�i.' `�.�-c4S Q-e �- m�'�' A e. �r � � b w. ��-�9 ��-e o kk �.� . , . If you have any questions, please feel free to contact me. Sincerely, �� - Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 -1850 ♦ K �ity a� 1 j, � 1 1� I� '� �� l 1��.�� Septentber 21, 1990 Dr. Serrold Wildenauer 1047 Marie Avenue Mendota Heights, MN 5523.8 - �ear Dr. Wildenauer: Your application for a��4? "�"�c�.�-S ��?v-v� c� will be considered by the Planning Commission at their ne� regularly scheduled meeting, which will be held on Tuesday, �{a�-c— 2�"`.� l'�'�v The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall in i�he�Gouncil Chambers. You, or a representa�Give shou].d plan an attending the meeting, in order that yaur application wi11 receive Commission cansideration. If yau have any questions, please feel free to contact me. SincerelY. ��jt�s ��G�J�/t.,.�a.i...c��.--.....,. 1"1n..— Revin Batchelder Administrative Assistant �� c�i;��37 r v � � i1Q1 Vicctoria Curve • 1Kendota Heig,hts, �l� - 55118 4�2 • 185a CITY OF MENDOTA HEIGHTS MEMO � September 26, 1990 TO: Mayor and City Council FROM: James E. Danielson, Public Works Di ec �� Kevin Batchelder, Administrative Assi t�✓ SUBJECT: CASE NO. 90-33: Solem - Variance DISCIISSION The Planning Commission, at their September .meeting, considered a request from Mr. Brian Solem to replace an existing � accessory structure with a new attached third-stall garage to his , house. See attached staff inemos and plans. • RECOMMENDATION The Planning Commission voted unanimously to recommend that the City Council grant the requested seven foot (7') side yard setback variance. , ACTION REOIIIRED If the City Council desires to implement the Planning Commission's recommendation, they should pass a motion granting a seven foot (7') side yard setback variance to allow construction of a third stall garage according to the site plans submitted. JED/KLB:kkb r . CITY OF MENDOTA HEIGHTS MEMO September 19, 1990 TO: Planning Commission FROM: James E. Danielson, Public Works D' � or Kevin Batchelder, Administrative As 'stan� SUBJECT: CASE NO. 90-33: Solem - Variance Mr. Brian Solem, 1870 Valley Curve Road, received a Conditional Use Permit and variance in 1975 to construct a 10 x 10 accessory structure within� two feet six inches (2'6") of his property line (at the time a Conditional Use Permit was required for accessory structures in excess of eighty (80) square feet). That shed is now in disrepair and Mr. Solem desires to remove it and replace it with a garage addition to his house. The garage addition is proposed to be construed three feet (3') from his property line and will require a seven foot (7') side yard setback variance. ACTION REOIIIRED Review the requested variance with the applicant and make a 4 recommendation to the City Council. JED/KLB:kkb � PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REOUESTED: PLANNING CONSIDERATIONS: 25 September 1990 90-33 Brian Solem 1870 Valley Curve Road, Lot 40 Somerset Hills (see sketch) Side Yard Setback Variance 1. The applicants received a Conditional Use Permit and side yard setback variance to construct a 10-foot by 10-foot utility shed in 1975. The existing shed is built within 2 feet 6 inches of the northerly side lot line of the property. The applicant describes in his letter to the Pla�ning Commission and City Council that the existing shed is showing serious evidence of deterioration. , The intent is to remove the existing accessory structure and replace it with an additional garage that would be attached to the existing two-car garage, which is also part of the principal structure. The purpose of the proposed garage structure would be to house a small fishi�g boat, utility trailer, and other yard maintenance equipment, some of which are currently stored on the driveway. 2. When the original variance accessory structure and as of a side lot line. Since inches of the side lot line, total of Z feet 6 inches. to the existing principal accessory. Therefore, the a principal structure, which was granted, the shed was interpreted as an such, could be located legally within 5 feet the existing shed was built within 2 feet 6 the variance granted at that time was for a Since the proposed garage would be attached structure, it would no longer be considered required side yard setback would be that for in the R-1 District is 10 feet. In his letter Mr. Solem indicates that the proposed garage would be located 3 feet from the side lot line. Therefore, a 7-foot variance would be necessary. In additiqn, the proposed garage is to be 28 feet in length. The existing utility shed, while it was located b inches closer to the other side lot line, was also 18 feet shorter. Thus, the proposed garage would be increasing the extent of the encroachment on the side yard. 3. The subject property is an unusual lot in that it faces Valley Curve Road, but actually gets access via an alley easement that runs adjacent to its eastern or rear lot line. There is a sharp drop in elevation on the west side of the Solem's lot and this limits the view of their home or shed from Valley Curve Road. Thus, what is considered the rear yard for zoning purposes actually serves as the front yard for the single-family residence. The only view of the single-family home and existing utility structure is from the gravel drive that runs behind the subject property. The property is obviously well cared for and while t3rian Solem, Case No. 90-33 Page 2 the existing utility shed and the fishing boat and utility trailer can be seen #rarri this access drive, they are both partialiy screened by an existing wooden fence. There are single-family lots Iocated on the east side of the gravel access drive, but their view of the Solem property is screened by vegetation along the rear praperty iine af these lots. Regardless, their view of the subject property would not be significantly altered by the prapased garage. �. The siructure on the lat direetly narth af the subjeci property, which is the lat ihat shares the side lot line adjacent to which the garage is proposed to be built, is oriented at an angle an ihe praperty leaving a large side yard adjacent to the subject property. in addition, the front entry of the structure faces away fram the subject property. There is a rear eniry and severai windaws thai face the side yard, however, the neighbor who currently resides in this hame has signed the letter of approvaI drafted by Mr. and Mrs. Soiem, which is atiached to this report. � 5. The rough sketch Iabeled Exhibit B in the applicant's submission package indicates the intent for the design of the prop�ised garage. It appears from the sketch that the design o# the garage will be consistent with the existing garage and Mr. Solem assures us in his letter that the materiais and calaration of the proposed garage wili also match ihe existing structure. While the applicant had built a fenae to screen the storage af the small fishing boat and uiility trailer, which are currenily stored on tF�e blacktop in .front of the existing utility shed, the traiter and boat were stil! slightly uisible from the adjacent access drive. The proposed garage will help reduce clutter in what is, for alI practical purpases, the front yard for this single-family residence. Therefore, we believe that the request for the variance to the side yard setback is reasonable and will result in no deleterious impact on the adjacent properties. �Y' SE+f , ♦!D: •P' VA °« pF--�, _ M_ .H m JE •.� � , EsrA � �!�RVE� 4 . � T E �: 3 �. N � �J� i' �: o .'3 Q� �2 A.I •ti � -.. . .. , '•+o zr ^� :o � . Y i`. , -�z � . . � e "9�� .� F� t y' �� l9� � A 3B3 4-3 �.;N 83.99 �Oe�y 3o x -- O gl _ "_ __ a � e:� JIO-2� n m .+ ao• " Q�sAG o . o q o� 3 0, � � h - N �I z� G g" / « � �io'6j ' �`•� d' I . 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' j + � . � s � • ' I �-. 3 •`•� + � ' ru • � � �_ o ' � J' ' � .. . ____._ —9w—= - - —._._ ` f A E N i G W A Y • g �� „' ----- -- .— ��_� . � , \ z`�;�, `_� Q,` { � i � �.._._ ' jj � � t , ,,-� � �:.� �x�. M£NDAKOTA GOIF COUF2SE 9 CCfUNTRY CLUB £" ';�,�fi` i l, j ( ! `�` . ' ^ � I ( PRIVA7E) I � � � : • . '"^i � j /t 1 _..� _ i$ � "��. 2'L._�1 , ,` Y.:.�,�� = �� __,�� -_ �._. .� � ��`.'; -• }� _..� � � � DOUG£ �. � NATURE ��.. � �� • -- - \ � � � . . . . 1 �, � .�. '^ � _' � Y� .:'::.: :::: •. • /' =— _ �;�...�::..:: �:. j I '�.�":� f ,� ' _ � � - - — —� � _ ........ - ., , -- �� ..... . . . -- - :. _ .t. . +� fML `1 ` ~ _ . w . . . [ L \ • _ \�.�. _ .__._. � i�y o� ,�, j j,�� ,��iendo�a Hei�hts Applicant Name: APPLICATYON� FOR CONSIDERATION OF PLANNING REQUEST Case Na. qi�' �'J� Date of A pIi ation 9.�" r d �� . Fee Paid .�C� B 3 5. u a a��ag 'f `� �o�Pm ��iurJ {- PH• � 5`f' �� (Lasc) (F'ust) � (lv� Address: % 1x" `7 d jJ� L 1�� c� rz u�P ,` � %�1 '� nl c/ o l�a /TT-5 �'I VV <S`�.S" l l� {Nuuiber & Street} (City} {State} (zig) Owner Name. S � '"� �' (I,ast) Cf '"j C!. �d � '�_ (F'�'s�) � Adciress: S a y,.• o �.s a� o d� , (Nwnber & Street) (City) (State) (Zip) Street Location of Property in Question: /�'7 � Z% Q C f e�� 4- ra �� %� � . 1 Legal Description of Property: �.. ai fla �� •�+,.r r� sei' ,fr�< I�S` Tyge of Request: Rezoning Conditional Use Pexmit Conditionai Use Permit for P.U.D. Plan Apgroval Comprehensive Plan A,mendment Agplicable City 4rdinauce Number Present Zoning of Property Pmsent Use Propased Zoning of Property , Proposed Use _ f Variance Subdivision Appxaval Wetlands Permit Other (attach explanation) Sectian � �� I hereby declare that all statements made in tlus request and on the additional � � rnateriai are trae. /r� � � � (Signature of Agglicant} q� i v � 9 c� (Date} '"1l �`��.t�? �� i ��,-,c' t . �1�,,,Q,�, • (Received by - Tifle) 2101 Victvria Curve -1Viendota Heights, N�N � 55118 �52 -185U �.R � �a�L� n3�1 w��- Uvt�ow t....A�v� . �� j � { ��. . ,, 'l�8 w� .� . � . • , +y,i„ w !• ;�t%r �y� AS�•. �011�,M � . L$'lo V' c�t��¢ \ � .�1. �� _i�_�� . � ��S1�8 � A � L � W � � S �LL d� 0�1�1�M �� l�`v�- �S �otwi,�� lW +'�� Uh�� ,• : C ity o� .�. � . � 1Viendota Heights September 21, 1990 Mr. Brian Solem 1870 Valley Curve Road Mendota Heights, MN 55118 Dear Mr. Solem: Your application for a�i�. �o�,� �ca,ar�,o�,vt C.Q will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, �c{��orer- � l �i � O The Planning Commission meeting starts at 7:30 o'clock P:M., here at the City Hall in the Council Chambers. You, or a representative should plan on attending the meeting, in order that your application will receive Commission consideration. � � i If you have any questions, please feel free to contact me. _ Sincerely, - ��w � .. Revin Batchelder Administrative Assistant RLB:kkb ,� � i 1101 Victoria Curve -1Viendota Heights, 1ViN �• 55118 452 • 1850 � C lty O� .�.11. � . 1Viendota Heights September 28, 1990 Mr. Brian Solem 1870 Valley Curve Road Mendota Heights, MN 55118 Dear Mr. Solem: Your application for a S 1� �c..�9 Se.f buc,k Ua-�'«ng�,ll be considered by the City Council at their next regularly scheduled • �meeting, which will be held on Tuesday, C��a�,.e,r Z� . The : Council meeting starts at 7:30 o'clock P.M. here at City Hall in ' the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. � The Planning Commission recommended -�t,�� C�-� C�-F-.{ � . �b �v►. C. �� ci A C� �� cz S-c.v-�c.. �a ��' �"7 �) 5�� yc�-C� . �a�-t �L.C:�. � ca. Y' ta.�L cA . . If you have any questions, please feel free to contact me. . . Sincerely, ��'�-- c� - � - Kevin Batchelder , Administrative Assis.tant KLB:kkb ' n 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 CITY OF MENDOTA HEIGHTS September 26, 1990 TO: Mayor and City Council FROM: James E. Danielson, Public Works Dire y� Kevin Batchelder, Administrative Assist �.�� `.._/ SUBJECT: CASE NO. 90-32: Iverson - Variance The Planning Commission, at their September .meeting, considered a request from Gregory Iverson for a variance to the existing established front yard setback. The parcel is Lot 1, Kladis' First Addition. 5ee attached staff inemos and plans. At the meeting, several Planning Commissioners who had visited the site, had noticed an exposed pipe and a pallet covering a hole and e�ressed concerns about potential hazards. Staff visited the site and discovered the pallet was covering a very shallow (.6" to 10") hole and the exposed pipe was a seven foot (7') long curb box not connected to any lines. The Planning Commission voted to "recommend that the City Council grant Mr. Iverson's requested fourteen foot (14') variance to the existing front yard setback. ACTION REQIIIRED If the City Council desires to implement the Planning Commission recommendation, they should pass a motion granting a fourteen foot (14') variance to the existing front yard setback as proposed on the site plan. JED/KLB:kkb 0 CITY OF MENDOTA HEIGHTS ' MEMO September 20, 1990 TO: Planning Commission FROM: James E. Danielson, Public Works Dir ct Kevin Batchelder, Administrative Assi nt � SUBJECT: CASE NO. 90-32: Iverson - Variance Mr. Greg Iverson, 1924 Crown Point Drive, desires to construct a new home for himself on Lot 1 of Kladis' First Addition adjacent to the Evergreen Knolls development. A new home is currently being constructed on the Kladis Subdivision adjacent to Mr. Iverson's lot at a fifty seven feet (57') setback. Mr. Iverson's home therefore needs to be setback approximately forty four feet (44' ) in order to comply with the City's ordinance for front yard setbacks (see attached site plan for setback requirements). This forty four;foot (44') setback would put Mr. Iverson's home in such a position that he would intrude on his neighbor's to the west rear yard privacy� and not leave much of a back yard for his own use. He therefore requests that a fourteen foot (14') front yard setback be granted. ACTION REOIIIRED Review the requested fourteen foot (14') front yard setback request with the applicant and make a recommendation to the City Council. � JED/KLB:kkb � . PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION RE(�UESTED: PLANNING CONSIDERATIONS: 25 September 1990 90-32 Gregory Iverson 1924 Crown Point Dr., Lot 1 Kladis lst Addition (see sketch) Front Yard Setback Variance 1. The subject property is located at the westerly end of the Kladis lst Addition. This subdivision includes four lots along the north side of Evergreen Knolls Drive directly west of Dodd Road. Mr. Iverson's lot is located between two lots with existing structures. The lot directly to the east of the subject property has a single-family home that is currently under construction. The front yard setback for this home as scaled on the plan provided by the applicant is 57 feet and was established in relation to the structure on the adjacent lot to the east as required by Section 4.6(4)b. The !ot to the west of the subject property is the easternmost lot in the Evergreen Knolls subdivision. The home on this lot is setback 30 feet, or the minimum front yard setback required by the City's ordinance. All of the homes in the Evergreen Knolls subdivision are constructed at or near the 30-foot setback. Section 4.6 Subd. 4B of the ordinance requires that homes built i� areas where there is existing development be setback so as to remain behind a line drawn between the forwardmost portion of the nearest buildings on each side. In this case, drawing such a line would result in a setback of approximately SO feet as measured along the east property line and roughly 30 feet along the west property line. The drawing submitted by the applicant shows a dimension of 43 feet. However, this dimension appears to represent the distance from the proposed structure to the curb not to the property line. The actual dimension to the property line is proposed to be 30 feet. The proposed location results in a front yard setback , variance of 14 feet. 2. The subject property is located at the point where Evergreen Knolls Drive curves relatively sharply northward. Due to this fact, the single-family home located on the lot directly west of the subject property is oriented at an angle. This has two unfortunate results. The first is that visitors e�tering the Evergreen Knolls subdivision from the east have a view of the east end of this home and even a portion of the rear of the house. If the structure on the subject property were to be located further back on the lot as would be the case under the setback required in Section 4.6 Subd. 4B., much of the east side and rear of this structure would still be visible. The second issue related to the angled orientation of the house to the west is one � of privacy. Once again, if Mr. Iverson's house on the subject property ' i' Gregory Iverso�, Case No. 9032 Page 2 were to be required to be located further back on the lot, many of the windows in his home would look directly into the rear yard and rear windows of the home to the west. ! Included with Mr. Iverson's application is a letter from Mr. Ken Rosenblum who lives in the home directly west of the subject property. This letter basically describes Mr. Rosenblum's concern with respect to the privacy of his back yard and expresses his support for Mr. Iverson's variance request. 3. The required setback would also result in a significantly diminished rear yard for the subject property. The applicant has children and has expressed the desire to utilize the back yard for play structures, which by ordinance cannot be installed in the front yard. Since this lot would have limited side yards, the rear yard is the only logical place for such equipment. � 4. The intent of Section 4.6 Subd. 4B is to ensure some consistency in the setbacks of homes on any given block. The idea here is to maintain a consistent character within the neighborhood and guarantee ample green space between structures and the public street. We believe that the conditions described above are unique to this lot and represent unusual circumstances as required in order to meet the test to approve a variance. In addition, the aesthetic character of this neighborhood would be better served by a reduced setback requirement for the structure on the subject property. Since the subject property is located at a point where Evergreen Knolls Drive curves sharply northward, it offers a good spot to make the transition from the more generous setbacks found in the Kladis Subdivision to the standard 30-foot setback found in the Evergreen Knolls subdivision. In conclusion, we believe the applicant's request is reasonable and enhances the visual character of the surrounding neighborhood. 0 a' B�rrr�ce C': ...Sch�idf Lo� 33 �2,�l�'9 g ? -� ,9c . \: J 2e�.s Laf 34 1��LLRG£ OF MEelporA N�tGK7s 2L �90 Z�a•-5� /32 CONDO iNIUI � �� ' + � Q�~ C i��d � sz � . 0 �,, i s� �- � � �.,�� . i • i • i . � � � . .. - " z�� , �;��S�Yb-P-�N-- �; �,��--� - - '"��. -��-�� - - 2.3G.i+i� liB37 '-�� a l�o ,«e �•. -�o. t i� � � ^r/• l�r.rr5 +• � � � � ti 11♦ � j Scha.vz c/a�,� �' °` �U j w : � I � � � � Z. � � j � � � 1. � u � � L of .�J io Z .vc Z�L!`T�'r P Q V ' �} Q"� w ; # � � e e Q `Q \ � � � .,`�, oc � `�, � �t �t � � ,� Q � 1� � � �`�� 3 �a � h `� N J e '� � �fi �' � � ti � � F h `� � � 0, m o.�.� A co� �, b n, � � ` � ti � '� t, `� t �( � �, ti r..� _ �� P " « � ` � A Q` � � m \ � � � �` D � l �} \ 4 "? � x c r 4 8 - � � � � ( � � z Q� � � t� ' 1 a..�` � � Q O�C � � t� ti !� � �y G7. A. c� G. 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'•' i•,• ! • • • • • --• • � • —' :� - � `� I � , � • ..� � _ , , I • • ' i i .. • � { � `� � ; i • ,- �� i � y r�/ � � . � � c "� ; `, �• � � . • ? �� . . . � � � SUBJECT PROPERTY � , • � �.::.. .� I • •. '� ' — ... . , • � a �ll� • lM1' � • • 4N � • Qj • ' � .\� ' � ' � s�. NORTH ;,�, •ti �• , � , �_.1_ . . _� . ��. i� ._ . r ' � • \ � - wENOQrA iiEIGn75 : SCALE 1M��OO' �• • PAR 3 GOIF COURSE � _ T ,, `� �i u N �� ( PUBLKI � � 4 � J � � �, 11 4' � � � -a . . . ' �`� � y , f . ----- �T,1�''I D �� . . . /� --- ' i � i � 'U 1� �l . � �`..�� . � �,i�— / � I � I1 • t � • � • ' --- --- ' L� _ � � I � \ • T� . Q �i --�'—_ i ._ _ j �_ \ �� I� I • . �� , � L •� • . : ' � � • � : J � � g ` `\ \ � I . o � � • •'r - - - --- - - ---" - - �" � / . • _- . �—)-' � ' ;r ' \'l jQ4 W " . 11' �. .� f,�_^� ' f�`�uk� ` J, I, _— • • , � ' _ 'f _ r � --- I I � -- � : =-� �r,�.� ' _ ' . � . • . . . • . . . . _ _ - — I N ' - � �Zu � � � � - • • • • • • �' • �' i� � � " �_�� I ,- =� jn�n�.� , ��" :_.___ .--.� �.* . - ; =fi-� ;: . ,,- . MEMO Date: Sept. 6, 1990 To: Timothy Malloy, Planning Commission City of Mendota Heiglzts From: Gregory & Elizabeth Iverson Subject: Variance to Existing Setback Requirements Front Yard Please allow this memo to serve as a written request for a variance to the existing setback requirements (front yard) for our lot located at XXX Evergreen Knoll; Kladis First Addition, Lot 1. We are requesting a setback of 43' from street or 30' from existing easement. By granting us this variance, we would be able to build our home using the same setbaclz requirements now in effect for our immediate neighbor to the west (Evergreen Knolls — Lot ��7) as well as be consistent with the entire Evergreen Knolls Development. If we are not granted this variance, it would cause great hardship for the following reasons. 1. We would have virtually no back yard for our children while having a very large front yard that by code cannot be used for swing sets etc. 2. Because of the angle of the home to our immediate west and being forced to use existing setback requirements, the front of our home would be facing the rear of their home. 3. These neighbors have voiced great concern that using existing setback requirements would destroy the privacy of their back yard. 4. It is our desire to maintain the aesthetics and visual flow of the Evergreen Knolls Development and without this variance, we would not be able to do so. We have talked to our immediate neighbors and they are both in favor of you granting this variance. Please see the attached letters. In further discussions with other neighbors as well a city officials, we have had no objections to this proposal. We have been residents of Mendota Heights for almost five years and look forward to�beginning construction of our new home in this community. We hope and trust that you will agree that granting us this variance will be in the Uest interest of all parties concerned. Thank you for your consideration or our request. If you � need any additianal information please contact us at: Gregory or Elizabetli Iverson 1924 Crown Point Dr. Mendota Heights, Mn. 55118 , Home: 454-0909 Work: 731-5367 Greg Work: 777-5222 Liz Sincerely, ,'� ��v�e..c..o.a� Gregory erson Encl. . � f ; ity oi .,.1,,. 1��ie�do�a Heights APPLICATION FOR CONSIDERATION � OF PLANNING �2EQUEST Apg2icantName: _ A {t��f�t3rt {�r^��ar (�) Case No. �.�� , Date of Application _ --� - {.� Fee Paid � (� Address: 1�t a�f � c.�.}n �f�r /�.{� nr� cI h�-- �f5' �Gi � S� 1 J b� {Number & Street) (City) (State} (Zip) • ..� Owner Name: {Last) f {�`'�rst} {��I} Address: �G,at� f %�7 .�t �f' D✓� 1�11,-n�t�"f� �l5 �'j� . S.S1 /� (Number & Street) (City) ,(State) (Zip) Street Lacation af Property in Qiiesdon: r / • � Legat Description of Pcaperty: �.D�` � �t�r,,�t 5 �S t' �.��, r4tr��1 Type of Rec�uest: Rezoning . Conditional Use Permit • Conditioual Use Permit for P.U.D. Plan Approval � Comprehensive Plan Amendment Applicable Ciry 4rdinance Number Present Zoning of Properiy Present Use Proposed Zoning of Pmperty , Proposed Use _� Varzance . Subdivisian Approval Wetlauds Permit - Other (attach explanation) Section I hereby declare ihat all statements made in this request and on the additional material aze true. � • �1�-----�....� , (Signa e of Applicant) , I 1� . - .- .�il�� [� ' - , - • - � � -.,i 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 185U SEPTEMBER 9, 1990 TO WHQM IT MAY CONCERN; CITY 0� MENDOTA HEIGHTS WE HAV� DISCUSSED WTTH GREG AND LSZ IVERSON TNEIR REQUEST FOR A VARIANCE TO THE EXISTING SETBACK REQUTREMENTS REGARQTNG THE LOT TNAT TF{EY PLAN TO SUILD TliEIR HOME ON. WE ARE IN A�REEMENT THAT THIS VARIANCE SHO1JLp BE GRANTED AND AS THEIR IMMEDIATE NEIGHBORS NAVE N�'OBJE�TION TO YOUR GRANT�NG THEIR REQUEST. WE FE�L TNAT A��OWING TFIIS VARIANCE WI�L ENNAIVCE THE SEAUTY OF THIS NEIGHBORHOOD. � ' SINCEREtY, ' , . ,� �� (�` «J� l t'�.i� Q/:��(ic.l,�i _..�...,_ KL.ADIS FIRST AODITION - �OT # 2 . , . Kenneth S. Rosenblum, M.D. Planning Commission City of Mendota Heights September 8, 1990 Dear sir, I have spoken to Greg and Liz Iverson who hope to build their home directly to the East of my house. I agree with the Iversons that they should be able to build their home to match the front setback requirements of Evergreen Knolls. I feel that it would be detrimental ta the neighborhood if this were not granted because the aesthetic and visual flow of our street would not be maintained. Also, building their home towards the extreme back of their lot would put their home in our backyard. This would impinge upon my backyard privacy. Please feel free to call if I can be of any assistance. Sincerely, -• =ti�'�::;�+lii�}V`<.�5`�... ' i�.� V �� Dr. Ken Rosenblum MD � MENDoTH "El[zt1t� '�//qc ` z�� . �K t � � . � UI 0 N � Z� � , i� Q z� zz : z 2c �, 1♦ � =s S-o : ' . .c� q -�y— , ;-�.=�;= - - ''�g�,-�?�de�+�� " -- - - � -- -- -- ¢. • 1�87i ° .a r�o �.. ,.., �.. i � �. � �11 � ,y J�r�ny 1�winGS' 1�Al.114CE.fZADA O � �� \ ^ � � p� � , Sah.»r c%a�,E �y�ri� � KAL�� N� - a � �t � � 0 Lof,.3 o?='4c ✓on�� Z6Zo�-��a.. � � J � � a � � n�� tv V . � �. ac�99-A �6r9 c o.ty A��. . . ' Qi r( b � � l • . , Y Ac. •: ; � a b�� a oc; ��c •,be a\ Q ' VY�n./BG�ac� A e rv \� b '�' '.0 V 1 C� �0 h tD O�s A. �o //i fon • : a� e �� o� `C h i.c h 1,� � y� l�( . .� •� N �. �.sz �. . f('if.fc/ �t Pa�! . ; � � � �° o� � �, q � '� 0 � �l '� \ 0 '� Q � " - � d Lais ohn.Jor� . � � � l � D h ` b � V J Q� ' �i " p. A: g �G � � r'`k• �- 9� ,qc• c`� 4, � Q °t � � � � ' � • - v . Oai:«/ ✓. Oc ,eos� I -�� 1 � Q� . N. s ha�s� X6 za�-,� �� D�R��T w.��JA,�ET� - Hee^z�•�o' e »e ek�`- • --- - , , ' MH�tEF� b� osEV RG �EN KNO �A �� . Z.ao A`: 2��.°�-�� N- 6�..Jf�r� C. Br'in,Eman d wi� . flr�hvi- f,'• 6�/Yla��o� 2 SE RE�O L� P AT fJR GE'/iIL6 = Ne�2Ysde ' !3. B�c��fC/' .. •. ' �, � �.bZ � �tz�6- __.... _ 26.xa3 -az � � � � K N 0 L �e;w�.00 icr.oc izi.oe ��0.04 � C� W ,; . SEE' P CORD PLAT FOR DETAIL 7�,N .KLAO!SaFIRST NADD:TION % 1 ° QOl�lAL,j) �+A}.iViA 4-i. -N p o 3 n 4 � � � . aoC A 4� , =� � •— i , . , ; . �, �, - -- _ O ER EwF , � � •' ��` ��v �0,1 t �d, a�. � L o 38 . 2 � g i h.: •� �. �o� ce "ia�.00 ,os �s — 5h;;��. �ry.h C9•29�3� E 440 • ' ` i . �V / i , . � John �hi// � � 5 7 • , e. Lof 43 _.. _ ' " _, I 3 `�1 Z1l / '9c ' � - 2f� A DIT ON OUT�OT g ,�� ° �o f� � R�ARD �i�pAT�.1u� - QOOK.E ,. 4 .•. ' ��r R►CNARD G.'E PAT�w � �� 3 J Ac. :s �e , ..y� T POOitE '�,(o?.`'j- � . . Zl.loZ. � � ' ? .. ' ' '� � _( ' ✓/�\ V 1 �� Y.� v � r1 � �• � G �eo i.�0 ��S i7o �lo Ilt � P . � h �l - . . � h, , . /I � J � � � b .�, ; I 2 I N 3 � � ,,AODI �Q y � I � � .. � •. � . 1 is. • � �: � � C ity o� .�..1,� 1Viendota Heights September 28, 1990 Mr. Gregory Iverson 1924 Crown Point Drive Mendota Heights, MN 55118 Dear Mr. Iverson: � �,lo�.r �ar► CA. iv '��`�- ES i�r.�.� i�S �� Your application for a�raµi- `��,,�& ��b0.c.� will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, OGEb�Y- 2� . The Council meeting starts at 7:30 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative, should plan on attending the meeting, in order that your application will receive Council consideration. The Planning Commission recommended o�(�P �vo•.� , by C l��1 �,G v�nc. � � . � t 4 O u t� v't r+�+'�� ca � Q � G� �u �- �� o �- �, y 1 �a�-,a�.-� � ��.� t.s �-.,.� �C�..�.k- .��...,,-9 u.�.� . If you have any questions, please feel free to contact me. Sincerely, 6�' _ �- � Kevin Batchelder � Administrative Assistant KLB:kkb 1101 Victoria Curve • 1Viendota Heights, 1VIN • 55118 452 • 1850 City o� ...1 � . � 1Viendota Heights September 21, 1990 Mr. Gregory Iverson 1924 Crown Point Drive �iendota Heights, NIld 55118 Dear Mr. Iverson: Your application for a�h�- yc�.�rc� Va.c-�c�,v� c� will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, �c.�p�.t'' Z,S� (`� �,p The Planning Commission meeting starts at 7:30 o'clock P.M., here at the City Hall in the Council Chambers. You, or a representative should plan on attending the meeting, in order that your application will receive Commission consideration. If you have any questions, please feel free to contact me. Sincerely, Revin Batchelder � Administrative Assistant � RLB:kkb 1101 Victoria Curve. • 1Viendota Heights,lViN • 55118 '. � 452 • 1850 a � ` 's CITY OF MENDOTA HEIGHTS MEMO September 26, 1990 TO: Mayor and City Council FROM: James E. Danielson, Public Works Di e ��'��''\ Kevin Batchelder, Administrative Assi tant�:K1�) �.� SUBJECT: CASE NO. 90-35: Duggan - Wetlands Permit DISCIISSION At their September meeting, the Planning Commission considered an application from Mr. Ultan Duggan for a Wetlands Permit to allow construction of a pool fence in his backyard. See attached staff memos and plans. At the meeting, Mr. Duggan explained that the fence height would be five feet (5') as per the City Pool Ordinance. Mr. Duggan's plans showed the fence to be six feet (6'). Mr. Duggan also informed the Commission that this fence design must be approved by the Copperfield Architectural Review Committee which has not acted on this proposal yet. Since the Planning Commission meeting, staff has been informed that Mr. Duggan's immediate neighbors are not in favor of Mr. Duggan enclosing his back yard all the way to the scenic easement. RECOMMENDATION The Planning Commission unanimously recommended to waive the public hearing and that the City Council grant the requested Wetlands Permit for a pool fence. ACTION REOIIIRED If the City Council desires to implement the Planning Commission's recommendation, they should pass a motion waiving the public hearing and approving the Wetlands Permit according to the site plan submitted. JED/KLB:kkb .t i' ' f CITY OF MENDOTA HEIGHTS MEMO TO: Planning Commission September 19, 1990 FROM: James E. Danielson, Public Works Director Kevin Batchelder, Administrative Assistant SUBJECT: CASE NO. 90-35: Duggan - Wetlands Permit DISCIISSION Mr. Ultan Duggan, 2231 Copperfield Drive, lives adjacent to a pond in Copperfield. Mr. Duggan has installed a pool within his back yard which is greater than the required one hundred foot (100') minimum setback from a Wetlands, however Mr. Duggan must also install a protective fence per the City's Pool Ordinance. Mr. Duggan proposes to install that fence right up to the City's scenic easement that protects the natural character of the pond. The fence is proposed to be a six foot ( 6' ) high black vinyl clad chain link fence. ACTION REOIIIRED Consider waiving the required public hearing, review the request with the applicant and make a recommendation to the City Council. JED/KLB:kkb ..; ,• PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION RE�UESTED: PLANNING CONSIDERATIONS: 25 September 1990 90-35 Ultan Duggan 2331 Copperfield Drive, Lot 7 Block 3, Copperfield Third Addition (see sketch) Wetlands Permit 1. The applicant is requesting a wetlands permit to construct a 6-foot security fence within the 100-foot wetlands setback for Pond 233W. The fence is required by the Life Safety Code to enclose the swimming pool located in Mr. Duggan's back yard. The proposed fence will be a 6-foot tall, vinyl clad, chain link fence. The vinyl cladding will be black. This coloration helps to reduce its impact when seen from a distance. The fence will surround the rear yard of the subject property and will be located on the side lot lines. Along the rear of the property adjacent to the pond, the fence will follow the scenic easement line established when the subdivision was approved. The scenic easement is intended to protect the natural environment of the area directly adjacent to the pond. No structures, either temporary or permanent, including fences, are permitted within the sceRic easement. the scenic easement line as described on the plat drawing for this property runs across the property roughly parallel to the shoreline of the pond. On the north property line, the line commences at a point 27 feet landward from the ordinary high water mark. On the south property line, the easement measures 19 feet landward from the ordinary high water mark. The site plan included with the application indicates these dimensions and shows the fence to be constructed along the scenic easement line. A copy of the description of the scenic easement is included for your review. 2. Section 68 Subd. 4 of the wetlands ordinance requires a wetla�ds permit for the construction, alteration, or removal of any structure. The definition of a structure in thfe ordinance (3.2 (134)) specifically includes signs and fences. The wetland ordinance requires that structures constructed within the 100-foot required setback be located so as to minimize the removal of vegetation. There is little vegetation located on the subject property in the area of the proposed fence and no removal of vegetation is contemplated in order to accommodate the construction of the fe�ce. Section 7 of the wetlands ordinance outlines the criteria used to evaluate whether a particular action that requires a permit is appropriate. Many of these criteria deal with dredging or activities within the wetland itself, or alterations to the shoreline. Few of the sta�dards listed (there are twenty-three) apply directly to the installation Z Ultan Duggan, Case No. 90-35 •.._ of fences. Glne af these would be Item 14, which requires that the removal of vegeiation withir� ihe wetlands setback area be limited to that which is reasanably required for the placement of structures and the use of praperty. There is littie vegeiation on the subject praperty in the area of the wetlands setback and no vegetatiar� is anticipaied ta be removed as a result of the installation of the fence. The proposed fence will in no way affect ihe water quality or the rate of stormwater runoff from the subject praperty. Since the o�ly soil disturbed during construction is for the digging af the past for the fence, there is no concern far any soil erasion entering the pond. 3. In conclusion, the propased fence meets alI of the criteria necessary for the issuance of a wetlands permit as outlined in the wetlands ordinance. In addition, the fence is proposed to be located inside of the scenic easement. Therefore, we see no problem with the applicants request. , a a i 0 ,�,- � � . ,. n U � / � � � � 6 , , ` + ��•�.`` ' L � r d � , � _� _ Q q � � 4 �, t N.82°19�fl9�E � 2 3 �� Q�s �� ( �a 6� -- •� -i2s7.3s--•-;: — — G � � � =- '`�, r �'Z3 ��•Zl, • fp� 72 ti3 � . 46 98 13 i 6A ' iVh I�r ' � I� . • .c�� — — N 2 19' O E 12 9. 9 8 .. _' _ � � - � •` � w x'c 4 (? �?• � ZZ! S►..,� I — w 1 � 2 '�i 3 � '4 f " 4 � a � '�� '� t` $ ! 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' �ti • �, � • _. � \, • � ;=:ii'' =�_ � t Q -��i �: � ' "� .,� _` ,tJ �yi' �! . . a • r a � � � . � • _ � -� ,' j: . �' j� , • '� • - _ . Q •. •� � S 1 \ � • � %� .,\ J'"`. : � = ,�Y � � • • � • � � .` • .s': .. , ` i �' � i _.' {L • • • ' ��' k,rar:'� � \ �+ •• .. m • • •�. . �� . • -�'� � i 1 t 1 � ` • 1� ��!�.. \ .�.�:--L� ' 3 � ! � • � � � • � `� j '�` � F , 4y"`-� s8`}k'�� R � / � � �. � . . ♦ 1 � '•: � . ' � ; ` • . �•i•,. . •.•. •��r�� 7UL7 + • •~A4\ � �� JECT PROPERTY �' � � ! • • AP�"� "1-"f'* _ �} • � • . .. _ ' _� .� l.-:j�' ' - .. —'---�' _ , t._,. .. � ' ,�� r9u+D0++ED .4 NORTH :eN =-;'� . wEl.� y f : 22T'N ` ' /., o•t�,*` 'SCALE �y^Lioo, R4N� _ � • . _ • ' } ~� � .. ' ....t�.� i � S � t• � . 1 .r- .� ♦ • � • /,;;,91.• `�'+, •: . ` •. J �tiyr _ � � . '^��,.,� '` .229w � pead i a� � \ i�,,� �w�..._\ w� , �p �sQ + ��0�� i - / • � �� C� � .'� � £ _� t• � � r'� 'o` ^ � � , � t � �4 Y : . .- .�.�5`�._. _ J r�.�.�.�,,..4' � - � Z�ixw � .. . - » . _ _ '. _. •../' �i �,�. �N\ ( CQ � � _ � _ � �.�� "` fl � �{ � \� � q . �\ le V I - ' S /� 1 , � K �• ,S ••, . ( f �yd � ;?�c� ,' .� �m � �. ��j[�-•- ^-.��.y i � • / ♦ �,� ('4 � /" "� � t I//,/,tt��NN^^" \ ��1'�1�. � �� f _�* , �! =�_ �^~� � ' �T � �` yg �.G'� .� 1 t • •��( � w : �y . :.: /�r `:`.. � � J' ` � 1 � ��.l, s - _ �1 � ' ' �.�`. � : �,�: � � , ' - : ..�� ` � • 1, • �/ � ' . f �\ � --� i�i! �; ' r a �. ---------�---_-- Q"3 '--� :. �` "-� � . — — _ _`."`.--`� _--_,__ '`" � " . — -- ' — — — — ��TiE' — '�EFMdeT' — Ra,t — — `�- ' Rf! : .- � �,;� j� - .. . E . - - -- �� . . . . . . � .. .,. : . . : : ��: °� . �1 ,,- . �r � , . . . . ,. � . . .. . .... - -�� - - , a ..� � �� i�� O� ,,, l ,� 1��enda�a Heig�its APPLICATION FOR CONSIDERATION OF PLt�N�ING REQUEST Applicant Name: Address: � � .3 � C i7 {Number & 3treet} Qwner Name: � v � � 4 /�-n%. ' Address: (Number & Street) St�reet Location af Property in Question: Legal Description of Praperty: � Case No. `�-�1 ��" �� I?ate of Applicafion Q- i$- 7 Fee Paid i � (�� i. ��3 2� /�"ld � . ... J ./" �'t . r-r �"� i�i (First) (Mn � J�i'c i =z� {City} L.%� � (F'�rst} Type af Request: Rezoning Conditional Use Peimit Conditianat Use Permit for P.U.D. Plan Approval Connprehensive Plan Amendment Applicable City t�rdivance Number Z ^ � . �✓ r ��l f �,� �� (state} {Zig) �— 537.� � (City) � (State) , (Zip) Variance �,��ubdivisian Agpzoval Wetlands Penmit Other (attach explanation) Section Present Zoning of Progerty _' (,_ Present Use K�-i r�t ...�,.,. c�. - Proposed Zoning of Property� Prnposed Use ��-Q- .... �� I hereby declare that all statements made in this request and n e dditional material are trae. � � .,.L (Signature of Aggiicant} � ( \ �,�} � Qv . (D te t{�' (Rec ived by - Title} 1101 Victoria Curve • 1Viendota Heights, 1V�N • 55118 452 -185U r . � 1t3T Q� .,.� j� �1��e�do�a Heig%ts September 28, 1990 Mr. Ultan Duggan 2331 Copperfield Drive Mendota iieights, MN, 55220 Dear Mr. Duggan: � Your appliaation for a ��'��.a+�c4�-Z ��{s�'t � t will be considered by the City Council at their next regularl.y scheduled meeting, which will be held on Tuesday, f��-O�►2r 2- ". . The � � Council meeting starts at 7:30�o'clock�P.M. here at City Ha11 in � the_Council Chambers. You,�or a representative,-should plan ori attending the �neet3.ng, in order that your application wi21 receive Council consideratioa. � ' The Plarining Co�atmission recommended a,:��r�vu.� o� �fovr —�.�— iec^r t�s "� .b �„ �' c'E"� �auvt G ( � -t� r-- �. ��_ �r2 �o'�' �� . If you have any questions, please feel.�free to contact me: ' Sincerely, KLB:kkb a A � , �,#;,crz^y". �,��''`.'Q'`'SU"_' Kevin Batchelder - Administrative Assistant . 1101 Victoria Curve • 1Viendota Heights, 1ViN � 55118 �' 452 � 18�0 .. r�� y`� �: Cit�r o� •�•� •� 1��iendata Hei h�s � Septeznber 21, 1990 Mr. U1.tan Duggan 2331 Copperfield Drive Mendota Heights, MN 55120 Dear Mr. Duggan: . Your application for a�e�"(a�'S �2r`v►�i� �-2v)Cqwill be considered by the Planning Commission at their ne� regu2arly saheduled meeting, which will be held on Tuesday, {�c {�b�:r '� i�t S� t� � The Planning Commission meeting starts at 7:30 o�clock P.M:, here at the City Hall in the Counci2 Chambers. Yau, or a representative shauld plan an attending the meeting, in order that your application will receive Commission aonsideration. If you have any questions, please feel free ta cantaat me. sincerely, ��LtSI'�'-' � " Revi.n Batchel.der Administrative Assistant ss : . . •. � 11U1 Victoria Curve • 1Viendata Heights, .1VIrt - 5v11g 452 • 185U :�. 0 CITY OF MENDOTA HEIGHTS MEMO September 20, 1990 TO: Mayor, City Council, City Administrator FROM: Kla�ton H. Eckles �� Civil Engineer SUBJECT: Dodd Road/ T.H. 110 Bike Trail Problem INTRODUCTION Council directed staff to investigate ways of improving the bike trail south of T.H. 110 at the intersection of Dodd Road. Where the trail parallels Dodd Road it is onl� 4 to 5 feet wide and it has a very stee� slope on the one side. Also there is a MnDot culvert which daylights directly in the middle of the trail, which is a very hazardous obstacle. DISCUSSION I have walked this section of trail several times and my observation is that, aside from the hazardous culvert, the trail doesn't "Feel" dangerous or hazardous. The slope �oses no difficulty to the walker. The slope looks more imposing when viewed from a vehicle than when walked. Given this observation I would recommend that the primary goal of any corrections should be to eliminate the hazard of the culvert. The secondary goal should be to make the overall link between T.H. 110 and the shopping center safer. There are four possible ways of making the situation safer than it is now: 1) Move Dodd Road over to the west to provide more room. 2) Widen the shoulder so the trail can be moved east. 3) Move the trail to another location. 4) Improve the trail in its existing configuration. Each of these options will be discussed individually on safety, cost effectiveness, and viability issues. Move Dodd Road To move Dodd road to the west 4 to 8 feet could easily cost upwards of $250,000. It would involve acquisition of land, relocation of the signals, change in road alignment, and many other difficulties. This o�tion is too expensive and will be given no further consideration. , ��.n +� �� 10,0aU G..Q��. . r `-' � Widen the Shoulder This option would involve widening the shoulder area in order to allow for a wider trail. This could be accomplished in two ways: either the creek could be filled or a retaining wall could be built. The conventional method of shoulder widening would involve filling the slope area. In order to do so, portions of the creek would have to be filled and therefore the storm pipe which drains the creek across 110 would have to be extended. After the pipe was extended the creek channel would have to be realigned and fill installed over the storm pipe. This option would cost about $34,000. If MnDot would allow some leeway in its standards the cost might be lowered to about $20,000, but this is very unlikely. The other way to accomplish a wider shoulder is via a retaining wall. This option would involve building a wall so that the shoulder could be widened 4 to 8 feet. It would likely be difficult to get MnDot approval; however if a guard rail or similar safety device to keep cars from going over the wall were installed MnDot might allow it. The cost to construct this option would be $25,000, which includes the cost of a guard rail for cars and pedestrians. Re-route the Pedestrian Trail This option would involve constructing a pedestrian bridge across the creek. The bridge could be installed 40 to 100 feet east of the intersection, so this option would move pedestrians well away from Dodd Road traffic and the slope. The only disadvantage of this option is cost. In order to construct the appro�riate size bridge (6 feet wide, 60-70 feet long) and realign the trail, the city would be looking at an expenditure of about $35,000. This option would involve eliminatinc� the hazardous culvert (our primary objective) and making minor improvements to the existing trail (achieving our second objective). Perhaps tlie simplest way to eliminate the culvert is to remove it and replace it with a catchbasin. Then a new culvert would be constructed into the catchbasin. After the Catchbasin is installed the trail could be widened 1-2 feet all along the slope without any extra effort. Thus the trail would be 5 to 6 feet wide and the hazardous culvert would be removed. The total cost of this option, including the catchbasin and trail widening, would be $10,000. The disadvantage of this option is that it does not eliminate the steep slope next to the trail. However, the fact that it is a grass covered slope free of obstructions lessens the potential hazard of the slope. This slope is really no more hazardous than other slopes along bike trails in the city ♦ � (there are at least 4 other similar situations). Also, a steep slope is not any more hazardous to a biker than a tree or fire hydrant, or any other of the myriad of possible obstructions along our trails. As for walkers, the trail poses no difficulty; even in its present condition it is easily negotiated. The possibility of a fence alon� the slope has been sug�ested. I would caution against installation of any additional obstructions. A fence could be more hazardous to a biker than the slope. Also it would tend to cause riders to ride closer to the edge of Dodd Road which is also a hazard. MnDot would likely prohibit a fence unless a costly guard rail were also installed (to keep drivers from hitting the fence). Perhaps one inexpensive action which could be taken to further enhance the safety of the trail (if the catchbasin and minor widening option is chosen) would be the installation of some signage. At each end of 4 foot sec�ion of trail a"Walk Bikes" or "Caution" sign could be installed. Here is a summary of the options available: OPTION COST NOTES Shift Roadway Widen Trail by Filling Creek Widen Trail by using Wall Build a Bridge Improve existing w/Catchbasin and widening 1-2' $250,000+ $34,000 $25,000 $35,000 $10,000 Reject Meets Mndot requiremnts May not get Mndot Approval Highest safety level Meets objectives The Trails budget has funds available to choose any of the above options (except the shift Dodd Road option). RECOMMENDATION Staff recommends Council chose an option and direct Staff to proceed with implementation. ACTION RE4UIRED Council should pass a motion directing staff to proceed with one of the options listed above. � m - - -- _�- �. . - � . _ _ _ _ _' _' _ � ' -- — -- r- � � � .EXISTIN6 MNDOT 12" CMP � � � `�� BEOINS AT FtOADWAY ` ` � � t✓ .. . � . � � / R / % / / / / / . . . / \p�°�/ / � '�? � :<:.: . . , . .<,: , . .�;�, � ...:>; .. . .. ...�,:x: . . . . �..; ... . . :�„.�:,. . .. . �-=, ` -- -------.�-- _ _ � __ STH. I10 . ' . � � - - - - r - =- - - - .._ - ._ - . � :�_ _ . ------ — — — — ---- / CONSTRUCT RETAININIi WALL . • AND ADD GUARD RAI� TO WIDEN TRAI.L • � 12" CMP �'� / / �� . � � / �� ,� ' ��\ . � O/ EXISTIN(3 � � _ � � � - / Q`OQ 'TRAIL� ' ' � ` . / / ' `Mc DONALDS ' ' � / Q�/ AMOCO � .-- � � • :. '� . � �� j � //OO / � / � � � � ' • ' I NORTH $CALE=• -' '' � � �., �\ � \ / . Plan:l"=1Gd � � � • � Prof i le: • • � / / � � \ � ` � Horiz. � / // \\ `� /. � �� \�� j-�� /� WIDEN TRAIL 'OPTION 8 � / � �� \ � +! (J� ' / � PROB LEM � T.H. I I O BIKE TRAIL �` � � � . • ' � �a�/ . � � ��. .; , ,�.. i . �;�, � , ,� . _ _ __ � ._ �.�_, - ------_- _ _ _ `_ �� ST.H. I10 '9 . �� -- _-- -- _ _ — — — • • �-- — — .��_` f` "� '_ � -- REMOVE EXISTIN6 MNDOT 12" CMP,_ � � ��. �� — — —' — — — -- AOD A CATCHBASW .WITH CULN�R , � � i • _i . � , � , . '� 8F- WfDEN TRAIL � _ , '• 1 : / . � , . � , . � � !2" CMP � � � . . � � �\ � .. - � . � ' . / • � �� . � . i p/ ' �� - : � . ,� P ExisTrpi�vc � . . `. ' :h7�;•:�lt23:�':<`i`1`"'!:�'�:��:`. ,.:y:�.�:in.:..;:t.' �\ ;Oi<�,:�ii ,} �(��.��! � .� / , � >h;�:;:,, � . . , . , , . . ..:� \:.. . ..� . , � � . %' - / • Mc DONALOS ' ` � / O�O/ , AMOCO � ; -- � ` � Q / � ` � ` 1 • ---- - �-- • I � � I \ \ ! , NORTH $CA�i: � ' ` / �. � \ � � / . Plan: l"=lQ� . , � , - � � � ' � . Profile: � � � / � /� � � ` � ` / � tz. / � // \��\` !� � �� `�� i �`• �� CATCHBASIN OPT(ON � � �� J � � PROBRE�D/T.H.I10 81KE TRAIL � �\ � . . ' � � . w �� i�y a� �� .,�. � �,. � ,��ierlda�a. �-ieights September 26, 3990 Mr. Gary Iiarms G.M.ii. Asphalt Corporation 17018 Saddle wood Trail Minnetonkaf Minn�sota 55435 Subject: Sibley Atheltic Complex Job No. 8920F I�zprovement No. 89, Project No. 6F Dear Mr. fIarms : This letter is to serve as official notice to you that seeding deadline for the Sibley Athletic Camplex project e�ired on September 25 and tha� yau are currently in default of that contract. The penal�y far default an this contrac�G is $200 per day. Final penalty amounts will be deducted from monies awed you an the cantract. The City still desires to have the fields located on this sa.te seeded as saon as poss%ble this fall. However, because the time is now past the prime tzme for seedi.ng, there is gaod like- lihoad that the "take" will be affected. Should it be needed, the City expeets yan to reseed any areas that do not canform to the desired growth levels in the spring of 1991. Also, the seed subcontractor, Ferris Sod, has indicated they they da not feel it is their responsibila.ty t�o guarantee la�e seeding and we concur. Because af the need for use af the soccer field this coming spring, we are currently con�idering the option of �odding that area. We will bri.ng that option before the City Couneil at its October 2, 1990 meeting ior a decision and will let you know their decision Wednesday, Octaber 3rd. Ferris Sod quo�ed $1.30 p�r square yard if we sod the entire soacer field. Please ca31 me if you have any questions or comments. SincerelY, , j,i�t'�'#,t� �C . � c..�- ames E. D nielson, P.E. lic Warks Director JED: d�'w cc: Barry Warner 1101 Victoria Curve -1Viendota Heights, 1V�N • 55118 452-1850 CITY OF MENDOTA HEIGHTS MEMO September 28, 1990 TO: Mayor, City Council and City Admini t tor FROM: James E. Dan' s n Public Works Di SUBJECT: Sibley Park ate DISCUSSION• The grading, subsurface drainage and irrigation systems are now in place so that the seeding for the four Sibley Park Athletic Fields can now begin. The contract stipulated a September 15th deadline for seeding because after September 15 there is good likelihood that the grass seed will not take very well. Staff has instructed the Contrac- tor to proceed with seeding the two softball and one baseball field as soon as possible, with the idea that the contractor would come back in the spring and reseed if necessary. We have asked him to hold off on the soccer field to allow time for the City Council to review whether they would like that field sodded (see attached letter to GMH). That soccer field was proposed to be used in the spring by the School District for track (discus) and Spring soccer. The estimated cost to sod the field is $8,000. Liquidated dam- ages as of October 2nd are as follows: - Trails Contract Neighborhood Parks Sibley Park ACTION REQUIRED: $6,000 $6,000 $3,000 For information and/or direction on whether to pursue any sodding at Sibley Park. JED:dfw 0 :� (t4•e) 9S M S iii iw i—� ratiturawitainta ca cam r oatte=ll = c ». • - - / 1. l N • • • - • • • • / / �i-7tO) --- • - I - - - • -- -- - • \\ N N I I N. N \ 'N • \ •• % I - (tom cn� (+5944- - (4-I.cp) I I I \ - J • \ \ ` / • N. \ \ / G/v I�1iML MIHThRLr7_L_1 i a?)i Int-I-� - -/-21—fres �WIR. x MIF2S. U. JflJCi3,4N IFCIUS1FIISS (ISIS UM -IE 7— 17,o CHIM * Z = ,>✓—r7 0 y It f t1flb..1 itt- L' L_ 2X e, �JII.IE I. SIE\�\VIEILIL IE%IFIEIRIIDIVISIES1 �'li''IE'. I[/I��IElrlr I[ iEE115I1D11b11/IEI J .gin cterrtL SI LCAt €41tthe ACINNESC