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1990-12-04CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNE50TA AGENDA DECEMBER 4, 1990 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of the October 16th and November 20th Minutes. . 5. Consent Calendar a. Acknowledgment of the November Building Report. b. Approval of the 1991 Legislative Policies. c. Acknowledgment of the November 27th Parks and Recreation Commission Minutes. d. Approval of the List of Contractors. End of Consent Calendar 6. Public Comments 7. HEARINGS a. Heussner Alley Vacation - RESOLIITION NO. 90-81 b. Realignment of the Glenhill Road Trunk Highway 110 Frontage Road Intersection c. Approval of the 1991 Budget - RESOLIITION NO. 90-82 8. Unfinished and New Business a. CASE NO. 90-43: Centre Pointe Medical Clinic - Sign Variance b. CASE NO. 90-41: Callahan - Wetlands Permit c. Preliminary Sketches for Mendakota Park Layout 9. Council Comments 10. Adjourn CITY OF MENDOTA HEIGHTS MEMO December 4, 1990 TO: Mayor and City Cauncil FROM: Tam Lawell, City Administr�� , SU&TECT: Add On Agenda far December 4th Council Meeting Attached, please find the revised agenda for tonight's Council meeting. A11 items attached are new on the agenda {*). 3. Aaenda Adoption It is recommendad that Cauncil adapt the revised agenda printed on pink paper. 4. Addition to Cauncil Minutes of November 20th The final page af the Navember 20, 1990 Council Minutes was inadvertently omitted from the original packet. See attached minute page #�15. 5e. Appraval af List of Claims* See attached list. 7b, Additional Information- Glenhill Road See attached material. 7c. Revise Heading for Item 7C and Additional Information Approval of the 1990 Tax Levy Collectible in 2991 - RESbLUTION NO. 90-82. See attached letter. MTL : rmcl � . , . Page No. 2926 October 16, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 16, 1990 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins and Hartmann. Councilmember Anderson had informed the Council that he would be out of town. AGENDA ADOPTION Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. Ayes: 4 Nays : 0 CONSENT CALENDAR Councilmember Hartmann moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the October 9th Parks and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for September. c. Adoption of Resolution No. 90-75, "A RESOLUTION REVISING RESOLUTION NO. 90-70 SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF COMMUNITY LANDFILL ABATEMENT PROGRAM." d. Approval of a modified critical area site plan for Monty Girard Homes to allow construction of a home on Lot 8, Block 2, Val's Addition, along with waiver of the application fee. e. Approval of the list of contractor licenses. f. Approval of the List of Claims dated October 16, 1990 and totalling $335,686.12. Page No. 2927 October 16, 1990 Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Council acknowledged a letter from five condominium/townhouse associations regarding traffic noise generated by I-35E between T.H. 110 and T.H. 13. Council also acknowledged an associated memo from the City Administrator. Ayes: 4 Nays: 0 RED RIBBON WEEK Ayes: 4 Nays: 0 Mr. Bud Sweet residents of Association, Association, Association, Association, Association. audience the Associations' reviewed the concerns of the the Eagle Point Condominium Eagle Ridge Townhouse Victoria Highlands Townhome Ridge South Condominium and Victoria Townhomes He reviewed for the Council and three proposals set forth in the letter. Mayor Mertensotto gave a background on I-35E development and prior Council action related to noise. He informed the audience that the state contemplates replacing the T.H. 13 bridge at I-35E and that it may be an opportune time to re-raise the noise issue. He pointed out that the request should be made to Mn/DOT and suggested that the City should join in the request along with the Associations, and that City staff should work with Mr. Sweet etal on the matter. Councilmember Hartmann moved to direct staff to prepare any necessary resolutions and letters in support of the Associations' request. Councilmember Cummins seconded the motion. Mayor Mertensotto read a proclamation naming the week of October 20-28, 1990 as Red Ribbon Week. Councilmember Blesener moved approval of "A RESOLUTION PROCLAIMING THE WEEK OF OCTOBER 20- 28, 1990 AS RED RIBBON WEEK ENCOURAGING CITIZENS TO COMMIT TO THE REDUCTION AND PREVENTION OF DRUG AND ALCOHOL ABUSE." Councilmember Hartmann seconded the motion. Page No. 2928 October 16, 1990 HYDRANT CONVERSION Council acknowledged a report from the Public Works Director regarding bids received for the conversion of 20 hydrants in Friendly Hills and 10 hydrants in the Cherry Hills neighborhood to the City's standard hydrants. After brief discussion, Councilmember Cummins moved to authorize staff to award a purchase order to Davies Water Equipment Company for the conversion of 30 hydrants for their low bid of $11,982.63. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 CHRISTMAS TREE SALES Council acknowledged a report from Administrative Assistant Batchelder regarding a request from Mr. Brian Birch for permission to sell Christmas trees on his lot on Freeway Road, the proceeds to be used for charitable purposes. Council also acknowledged a letter from Dr. Tom Koepke expressing his opposition to the request on the basis of access, safety, traffic and lack of lighting. Mr. Brian Birch, present for the discussion, informed Council that it is his intent to use the proceeds from tree sales to support a Jamaican charity, the "Windsor Grove Homes." Mr. Birch showed slides of the existing very poor condition of the housing units which serve to house 40 students of a girls' school. Mayor Mertensotto reviewed Mr. Batchelder's report and pointed out that during the development of the Zoning Ordinance, open sales lots were considered and rejected as a land use. He informed Mr. Birch that the Council is very much supportive of his cause but that approving the request would set a precedent that would cause future problems. He pointed out that a tree sale request from Tom Thumb in the past was denied. Mr. Birch stated that he will sell Christmas trees from the property regardless of whether the City approves the request or not. He further stated that many of the points raised by Dr. Koepke in his letter are false. Councilmembers Blesener, Cummins and Hartmann supported the Mayor's position, although all mentioned the overall merits of the charity. Page No. 2929 October 16, 1990 Councilmember Hartmann expressed concern over access to the site, and Mayor Mertensotto stated that the best interest of the City must prevail. Councilmember Hartmann moved to deny Mr. Birch's request to allow Christmas tree sales from his lot on Freeway Road. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 G.M.H. CONTRACT Council acknowledged a letter from Mr. Gary Harms, of G.M.H. Asphalt Corporation, for an � extension of its park construction contracts. Council also acknowledged a report from Public Works Director Danielson in response to the request. Mayor Mertensotto reviewed the history of the G.M.H. work and contract extension requests. Mr. Dwight Rabuse, legal counsel for G.M.H., stated that he has only been associated with Mr. Harms since this afternoon but that he felt adequately prepared to address the issue. He stated that the summer was extremely wet and that while Mr. Harms was prudent to allow for rain days when he bid the projects, rainfall was extraordinary. He observed that cities levy liquidated damages generally because of poor workmanship but that the City has been happy with the results in this case. He also pointed out that perched water at the Sibley site was an unknown. Mr. Harms stated that it rained 17 days during the month of June and that he lost 55 days due to rain. It was noted that the City inspection records reveal that there were only 13 days of delay caused by rain, including days after rainfall when the ground might have been too wet to work. It was noted that staff's calculation of liquidated damages, at $200 per day in accordance with the contracts, is $18,400. It was further pointed out that the City holds retainage of 5� of the amount of each of the contracts (total of all contracts is $�50,000). City Attorney Hart stated that he does not know to what extent work has been accepted and approved, but the key is having leverage over Page No. 2930 October 16, 1990 the contractor to performance standards under the contract. The City can impose penalties now and still require retainage. The question is what extent of work needs to be completed. Mr. Harms stated that if all three of the contracts were considered together, the work is about 95% completed. Mr. Rabanus pointed out that the City holds retainage on the contracts, 5% of the amount of each of the contracts, which is much greater than the liquidated damages. He stated that Mr. Harms is trying to get the work done as quickly as possible and must pay his people. He further stated that Mr. Harms has a problem keeping his people working if he doesn't get paid. Councilmember Cummins stated that he is in favor of keeping pressure on the contractor to make sure the contracts get completed. He felt that the City has sufficient retainage to cover liquidated damages and potential re- seeding, etc., and stated that he did not want to put GMH into financial distress. Councilmember Blesener pointed out that the staff has a punch list for the parks and trails, and that if the items are minor she would be agreeable to releasing liquidated damages and reserving the right to dip into the retainage to cover the uncompleted items. Administrator Lawell stated that he feels the biggest question is the subject of the seed that has been put down. The optimum planting time was missed by quite a bit, and he felt the City needs leverage to insure performance of the seed. He felt the City should look carefully at reducing the retainage percentage because of the uncertainty of the seeding. Mayor Mertensotto pointed out that the issue before Council is the waiver of damages - whether the Council wants to waive the liquidated damage claim. Mr. Rabanus agreed, stating that if the City releases the $15,000 currently being held the City still would have thousands of dollars in retainage as a lever. He stated that he is before Council to ask for an extension of the working days in the contracts to move the subject off of liquidated damages because he believes there is cause for extension. J Page No. 2931 October 16, 1990 Mayor Mertensotto responded that Mr. Harms asks for an extension of the contract so that he will not be penalized for going beyond the completion dates. Mr. Rabanus responded that liquidated damages under the City's contract are appropriate if the contractor missed the completion dates and the City or unforeseen conditions did not play a role. Mr. Harms reviewed eight items contained in his letter dated October 8th. Mayor Mertensotto pointed out that the staff memo addresses each of the 8 items and that staff recommends liquidated damages. Councilmember Cummins stated that the issue of add-ons must be negotiated once the contract is completed. He further stated that while he is not suggesting that the City give up liquidated damages, if two of the contracts are substantially completed and the City is holding retainage he did not see the need to withhold liquidated damages as well. He stated that he would be comfortable with returning a portion of the $15,000 withholding. Mr. Rabanus stated that if Council votes favorably this evening and grants an extension, it could do so conditionally and seek liquidated damages later if necessary. Mayor Mertensotto felt that staff should make a recommendation on what dollar amount is adequate. Councilmember Blesener agreed with Councilmember Cummins suggestion. She stated that the City also has outstanding obligations for the change orders in addition to the 5% retainage to cover future liquidated damages and future completion of the work. After discussion, Councilmember Cummins moved, that $10,000 of the $15,000 retainage be paid to GMH, recognizing that the City retains its right to liquidated damages of $18,000 on the three contracts with GMH together with the fact that the City has outstanding change order obligations. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Page No. 2932 October 16, 1990 Council pointed out that it is not jeopardizing the City's position with respect to liquidated damages by taking the foregoing action. It was further pointed out that after the contracts are completed, including the punch lists, and after it can be determined that the fields will be playable in the spring, staff will then be in a position to make a recommendation on liquidated damages. CASE NO. 90-38, LEISER Mr. Bill Strub and representatives of Center (STRUB) for Diagnostic Imaging and its land developer and designer were present to request approval . of a minor conditional use permit amendment for the Riverwood Place�P.U.D., located on T.H. 13 east of I-35E. Mayor Mertensotto pointed out that portions of the proposed development will encroach on other lots within the PUD. He asked whether it would be acceptable to the applicants if Council permits a re-plat so that the use could be situated on its own lot. All of the representatives agreed that they would be agreeable to replatting. Responding to a question from Mayor Mertensotto regarding provisions for radiation safety, the representative of the Center for Magnetic Imaging stated that there are three processes which will be housed in the facility. Those processes are MRI, which is a combination of magnetic fields and radio waves, and an area outside the building has been fenced so that anyone wearing a pace- maker would not be affected by the magnetic field. The other processes are CAT scanning and standard x-ray equipment. He stated that there is really no radiation or any potential damage to the environment. Mayor Mertensotto pointed out that Council's concern is that the applicants comply with any applicable federal or state regulations and all code requirements. Mr. Leiser responded that the applicant will comply with all state and federal regulations and that they are willing to apply for replatting. Mr. Strub stated that time is of the essence, and if replatting is required before a permit can be issued, the frost season will occur before construction can begin. He stated that Page No. 2933 October 16, 1990 he will guarantee to Council that he will undertake replatting. Councilmember Blesener asked if there can be a more centrally located driveway rather than through the center of the site. Mr. Strub responded that Mn/DOT dictated the location - the curb-cut was already made by Mn/DOT. With respect to circulation and traffic flow, Mr. Leiser stated that the site plan was modified after discussion with the City Planner - the plan before Council responds to the Planner's report. Councilmember Cummins asked how the lot which is closest to the existing building is accessed. Mr. Strub responded that the . existing building is a condominium - the original intent was a shared traffic pattern, and the serpentine road will not change. Mr. Leiser informed Council that parking closest to the building will reserved for patients and that staff will park to the west, and that the parking plan was suggested by the City Planner. Mayor Mertensotto stated that he would like the exterior to be more compatible with the existing building. Mr. Leiser responded that the building will be adjusted to blend in. The portico is symbolic, and the applicants are trying to set a warm friendly entry into the building. He stated that the applicants have attempted to use brick and stucco, and will reverse the color scheme and use exactly the same color orientation used on the Strub building (light brick and dark roof). Responding to a question from Councilmember Blesener as to why the applicants do not use the same material as used on the existing building, Mr. Strub stated that he is very concerned about what will be going on the site. He further stated that he is concerned about the landscaping on T.H. 13 and the color scheme and that it must be homogeneous with the existing building, and unless this is the case, he will not sign a contract. Councilmember Blesener requested that the applicants use the same materials as the Strub building, not the same facade. Mr. Leiser Page No. 2934 October 16, 1990 responded that he will take the plan back to the architects. Councilmember Blesener moved to authorize staff to issue a foundation permit for the Center for Diagnostic Imaging subject to agreement that the applicants will apply for replatting, and conditioned upon Council review and approval of the design plans and exterior materials at the November 6th meeting. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 PARK BOND SALE The Council received and reviewed a tabulation of bids received for the sale of $1,730,000 in park bonds authorized in the 1989 referendum. Councilmember Hartmann moved adoption of Resolution No. 90-76, "RESOLUTION ACCEPTING BID ON BONDS OF 1990, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the bid to Norwest Investment Services for their low bid of $1,610,172.08. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 HUMANE SOCIETY " Council acknowledged and discussed a letter from the Minnesota Valley Humane Society requesting financial assistance to establish an animal shelter in Dakota County, along with an associated report from the City Administrator. Council also acknowledged a letter from Dr. Tom Koepke. Mr. Dean Weigel, from the Minnesota Valley Humane Society was present for the discussion. Mr. Weigel informed Council that the Society is requesting a one-time contribution of $0.50 per capita. Administrator Lawell informed Council that state statute allows a per capita pledge and requires that the population base be the 1980 census (the most recent federal census): the cost to the City would be $3,644. If the 1990 preliminary census receives approval in the near future the maximum contribution would increase to $4,692.50. Mr. Weigel stated that his organization plans on using the donations from communities as a down payment for a site and that it is leaning Page No. 2935 October 16, 1990 towards a site in Burnsville. Currently, the cities of Burnsville, Apple Valley and Eagan have agreed to contribute, and Dakota County has appropriated $10,000. He stated that Burnsville's conditions were that there be a firm commitment on the site and a purchase agreement. Responding to a question from Mayor Mertensotto, Mr. Weigel stated that he would certify that no portion of the contribution would be for salaries for the officers of the organization. He stated that he is asking for confirmation that an appropriation will be authorized, and will be available when the Society is ready to purchase a building. He further stated that the Society will comply with all conditions the Council sets. Councilmember one-time apprc Minnesota Vall final plans fc of a facility, Society moves purchase. Councilmember Ayes: 4 Nays: 0 Blesener moved to commit to a priation of $4,000 to the ey Humane Society, subject to r the purchase and construction no payment to be made until the ahead with its building Cummins seconded the motion. EAGLE RIDGE SOUTH Council acknowledged a report from the City FIRE PROTECTION Administrator relative to resolution of the fire protection orders issued to Eagle Ridge South condominiums. Council also acknowledged a letter from Rollin Crawford, legal counsel for the condominium association, regarding liability exposure and terms of the resolution of the appeal to the Fire Marshal's orders. Councilmember Hartmann moved to affirm the Fire Marshal order number 10 and grant a variance to Fire Marshal order number 3 subject to the installation of self-closing devices on the party room and exercise room corridor doors. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 MENDOTA HEIGHTS ROAD Council acknowledged and briefly discussed a IMPROVEMENTS feasibility report on a proposed MSA project for Mendota Heights Road street upgrading, trail and utility construction. � r Page No. 2936 October 16, 1990 Councilmember Cummins moved adoption of Resolution No. 90-77, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER AND STREET IMPROVEMENTS TO SERVE THE PROPERTIES ABUTTING MENDOTA HEIGHTS ROAD (BETWEEN LEXINGTON AVE. AND T.H. 149, IMPROVEMENT NO. 90, PROJECT NO. 3)," the hearing to be held on November 20th. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 FIRE RESCUE TRUCK Council acknowledged specifications prepared by the Fire Department truck design committee for a proposed fire department command/rescue vehicle. Fire Chief Maczko and committee members were present to answer Council questions. Chief Maczko stated that cost estimates for the vehicle range from $90,000 to $120,000. With respect to a question from Councilmember Blesener regarding alternates, he stated that the only alternate would be how the exterior compartments are constructed. Mayor Mertensotto asked whether it would be wise to put a few alternates in the specification in case the bids come in much over budget. Chief Maczko responded that the committee established department needs and decided to go "bare-bones" so that they could get the engine size and other things that are necessary. He estimated that the existing rescue truck can be sold for $8,000 to $12,000. He felt that the proposed vehicle should have a useful life of 20 to 25 years. Mayor Mertensotto stated that the City should set up a reserve, dedicated fund for future purchases instead of relying on equipment certificates. Treasurer Shaughnessy responded that three years ago Council decided to limit the use of equipment certificates to only substantial purchases and that the proposed vehicle was included in as an equipment certificate expenditure in the 1990 budget. He stated that he would like to reserve the opportunity to use equipment certificates in the future because of uncertainty over what the legislature might do with levy limits in future years. Page No. 2937 October 16, 1990 Fire Chief Maczko informed Council that the department is currently going through a needs ^ assessment to determine future needs. Councilmember Blesener moved to approve the specifications as written and to authorize advertisement for bids to be received on November 16th. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 COUNCIL WORKSHOP Councilmember Cummins moved that Council conduct a workshop on October 30th at 7:30 P.M. for discussion of the city's comparable worth system and labor negotiations. � Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Council directed that the letter from Dr. Koepke be referred to the Police Chief for review and report to the Council. COUNCIL COMMENTS Mayor Mertensotto asked that the Public Works Department fill a hole in the pavement about 75 feet from the intersection of Keokuk and Pueblo. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:17 o'Clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor � �� � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 20, 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, 1001 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:32 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Cummins, Blesener, Anderson and Hartmann. AGENDA ADOPTION Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. AYES: 5 NAYS: 0 APPROVAL OF MINUTES Councilmember Hartmann moved approval of the October 2nd regular meeting minutes. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 Councilmember Blesener moved approval of the November 7th Election Canvassing Board meeting minutes. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 AYES: 5 NAYS: 0 Councilmember Cummins moved approval of the November 6th regular meeting minutes. Councilmember Blesener seconded the motion. CONSENT CALENDAR AYES: 5 NAYS: 0 PROCLAMATION November 20, 1990 Page 2 Councilmember Hartmann moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the October 23rd Planning Commission Minutes. b. Acknowledgment of the October Treasurer's Report. c. Acknowledgment of the November 13th Parks and Recreation Commission Minutes. d. Acknowledgment of a Letter of Resignation from Planning Commission Chair Jerry Morson to be effective at the end of his term, January 1991. e. Authorization of staff to issue a purchase order in the amount of $6,6000 to Carlson Sewer for improvement of the Dodd Road/Trunk Highway 110 bike trail. f. Approval of the List of Contractor licenses dated November 20, 1990 and attached hereto. g. Approval of the List of Claims dated November 20, 1990 and totalling $414,347. Councilmember Anderson noted that Planning Commission Chair Jerry Morson has served on the Planning Commission for many years with great distinction. He further stated that it is with great regret that the Council is accepting his resignation as Jerry is a fine individual who has contributed greatly to the community. Councilmember Cummins seconded the motion. Mayor Mertensotto recommended that the City Council proclaim November 27, 1990 as Mendota Elementary Day in recognition of the Minnesota Elementary School Principal's Association awarding Mendota Elementary School with the Elementary School of Excellence Award. Mayor Mertensotto read the proclamation. November 20, 1990 Page 3 Ms. Donna Montgomery, Principal of Mendota Elementary School and Ms. Kaplan, representative of the Parent's Association, were both present for the Proclamation. Ms. Montgomery briefly explained how Mendota Elementary applied for this prestigious award. She further explained that 'Mendota Elementary was one of only four schools honored statewide. Ms. Montgomery further stated that the City Council is invited to attend the award presentation at Frances M.�Grass Junior High School on Tuesday, November 27th at 7:00 o'clock P.M. Councilmember Blesener moved adoption of the Proclamation on designating November 27, 1990 as Mendota Elementary School Day. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 HEARING: NOACK ALLEY VACATION Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Mr. and Mrs. Leroy Noack for the vacation of an alley in Lot 7, T.T. Smith's Subdivision No. 4. Mr. Noack was present for the discussion. Mayor Mertensotto stated that the City currently has no use for the alley other than as a utility easement for Northern States Power. There being no questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 Councilmember Cummins moved adoption of Resolution No. 90-80, "RESOLUTION APPROVING � VACATION OF AN ALLEY." Councilmember Hartmann seconded the motion. AYES: 5 NAYS: 0 FIRE DEPARTMENT RATING STUDY November 20, 1990 Page 4 Mayor Mertensotto briefly exp�ained that the Fire Department is requesting to hire a consultant to study whether or not the City's fire class rating can be adjusted. Mayor Mertensotto explained that presently the City is at a rating of six and that this rating really only affects commercial property insurance premiums. Mayor Mertensotto further explained that the City can undergo the rating without a consultant involved. Administrator Lawell explained that about every fifteen years the rating takes place and that the City is about due for another rating. He explained that the suggested consultant was previously employed by the Insurance Service Organization and that the Fire Department feels it might be helpful to use this consultant. Administrator Lawell explained the rating procedure. Councilmember Blesener directed the Fire Department to send a letter to the commercial businesses asking them if they are interested in contributing to the fire ratings study. Councilmember Blesener stated that it is the businesses that will get the direct benefit from an adjustment. r` Administrator Lawell briefly explained the ratings of neighboring cities. Administrator Lawell stated the City should not pass on the opportunity for a new fire rating. He stated that the City has a good fire department and a good water system and that the City should try and come up with an adjustment from a six to possibly a four. Councilmember Cummins further stated that staff should contact the Chamber of Commerce to see if they can solicit support from their members. REALIGNMENT OF THE GLENHILL ROAD/TRUNK HIGHWAY 110 FRONTAGE ROAD INTERSECTION Mayor Mertensotto briefly reviewed the memorandum submitted by Engineer Klayton Eckles regarding the realignment of Glenhill Road where it connects to the Frontage Road (Victoria Curve). November 20. 1990 Page S Engineer Eckles (using maps) explained that MnDOT's original plan was to maintain the Glenhill Road connection when the frontage Road is extended further west. He stated that to do this, would have a significant adverse impact on the house near the intersection (1219 Victoria Curve). He explained that MnDOT has developed an alternative design to eliminate the impact. He explained that MnDOT has proposed to construct a cul-de-sac on Glenhill Road which would completely eliminate the connection to the Frontage Road. He further stated that the connection as originally proposed would require a sharp "S'� curve design to make the connection. He stated that to construct the "S" curve would require that the entire front yard of 1219 Victoria Curve be disrupted. Engineer Eckles stated that he has talked to Mr. Shaughnessy, owner of 1219 Victoria, and that Mr. Shaughnessy has expressed great concern with the "S" curve design. Engineer Eckles explained that Mr. Libby, of MnDOT, has informed the City that the impact to 1219 Victoria could be severe in the form of severe slope requirements. He further explained that the State does not like this type of "S" curves due to certain safety concerns. He further explained that the favorable alternative would be to turn Glenhill Road into a cul-de-sac street and provide access to the entire neighborhood off of Hunter Lane. Engineer Eckles stated the residents in the immediate area, in general, have commented positively in favor of the cul-de-sac alternative. He explained that the residents �`��Q� on Glenhill Road were all notified of th o � alternatives. He stated that the Ci id not notify the entire neighborhood. uncilmember Blesener'stated that the Lane residents are the most impacted with all of the traffic the new design will create. Mayor Mertensotto concurred with Councilmember Blesener that all residents in the area should be notified. Mr. Irv Vick, owner of a vacant lot north of 1219 Victoria, questioned if there will be access, in the future, towards Mendota. Mayor Mertensotto explained that there would be and that it will be the principal access from Highway 110 heading down towards Mendota once the interchange is completed. Mr. Vick e�ressed a concern of a long traveling November 20, 1990 Page 6 distance with the new frontage road down to Mendota. He further explained his concern for emergency vehicle access. Mr. Vick stated that he feels the "S" curve design is more logical. Mr. Vick, brother of Mr. Irv Vick, was also present as he owns a vacant lot north of his brother's lot. He further explained that he and his brother own a one acre parcel of land east of their lots. Engineer Eckles stated that he had talked to Mr. Linsmayer, Mr. Culligan and Mr. Chaffen, all property owners in the area, and they all stated that they prefer the cul-de-sac option. Ms. Jane McCabe, 1949 Glenhill Road, stated that she prefers the cul-de-sac option. She stated that the current slope is not very safe. Mr. Larry Culligan, 1941 Glenhill Road, stated that he has talked to several of his neighbors and that they are all in favor of the cul-de- sac option. He stated that the cul-de-sac option would cut down on the speeding in the area. Mayor Mertensotto directed staff to send notice of the two alternative proposals to all residents of the Glenhill Road area, and that staff is directed to return back to the Council on December 4, 1990. HEARING: MENDOTA HEIGHTS ROAD FEASIBILITY Mayor Mertensotto opened the meeting for the purpose of a public hearing on proposed sanitary sewers, water, storm sewers and street construction to serve properties along Mendota Heights Road (between T.H. 149 and Lexington Avenue). Council acknowledged the feasibility report. Engineer Klayton Eckles explained that the proposed project involves the upgrade of Mendota Heights from Dodd Road to I-35E and that it would also involve the widening of Mendota Heights Road between Visitation Drive and I-35E. He further explained that a watermain would be installed along the entire length of Mendota Heights Road which would complete a major link in the City trunk line November 20, 1990 Page 7 watermain from Dodd Road to the watertower. He further explained that a pedestrian trail would be constructed from Dodd Road to I-35E and extend the trail, which is between Lexington Avenue and Highway 55, through the industrial park. Engineer Eckles further explained that the City has the option of installing sanitary sewer to serve the parcel of land owned by Mr. Tousignant and also install storm sewer along the entire length of the street. He further stated the City could also include City street lights. He explained that the State Aid Program will pay for street lights at intersections. He explained that there is a lot of traffic from the schools in the area it might be prudent to install street lights at Visitation Drive, Lake Drive and possibly IOS. Mayor Mertensotto acknowledged that the area is dark and rather isolated and that lighting would certainly add the security and useability of the pedestrian ways. Mayor Mertensotto acknowledged that Mr. Bob Tougsinant is in the audience and that he is directly involved with the project. He explained that the City is recommending at this time that sanitary sewer service not be installed to serve Mr. Tousignant's land directly to the south and west of Mendota Heights Road. Engineer Eckles explained that at this point in time, there is no urgency in installing the sanitary sewer service. He explained that if Mr. Tousignant is interested in sanitary sewer service he should petition the City and the City would install the service. Mr. Tousignant stated that at this point in time, he is not interested in having the sanitary sewer service installed to serve his land. Mayor Mertensotto formally acknowledged a letter as submitted by Visitation Convent as presented on the add on agenda. There was a brief discussion regarding the funding of the bike trail. It was pointed out that the bike trail is funded by the park bond referendum. Mr. Tousignant questioned why, five years ago, his property was assessed $40,000 for sanitary sewer service and St. Thomas was not. Engineer Klayton Eckles explained that the assessment was a front ditch assessment for November 20, 1990 Page 8 sanitary sewer and that St. Thomas Academy was not assessed. Mr. Tousignant stated that he does not think that that was appropriate. Engineer Eckles explained that St. Thomas Academy has paid for significant amounts of sanitary sewer. He explained that there is sanitary sewer service along the north side of their property (Lake Drive). City Treasurer Shaughnessy explained that St. Thomas Academy's assessments for both water and sanitary sewer were made on the Lake Drive side when the City developed the Mendota Heights Road sewer. He e�cplained that St. Thomas is all one parcel of land and that the parcel had been served. He explained that the City computed an equivalent assessment and reduced the other assessments on Mendota Heights Road by that amount. He stated that if the property is ever used for another purpose there would be a hook up charge (sewer service from Mendota Heights Road). Engineer Eckles briefly explained that the proposal for water assessments would be that anyone that can be assessed would be assessed at the same rate as IOS was assessed (City wide average rate). He explained that this amount would not cover the cost of the sixteen inch water main line. He further explained that the City would use water revenue funds to pick up the difference. Engineer Eckles explained that State Aid would pick up a large portion of street funding. Mr. John Grieving, Head Master of St. Thomas Academy, questioned why St. Thomas Academy was left out of the water assessment calculations. Engineer Eckles explained that a watermain was extended in front of the school down Lake Drive and deadended four hundred feet shy of Mendota Heights Road.� He explained that the City is now contemplating making that connection. He explained that that would be frontage on St. Thomas and it would benefit St. Thomas in improving their fire fighting capabilities and finish up the frontage on their property which had not been assessed for water. Mr. Grieving questioned if there will be a signal light installed at the intersection of Dodd Road and Mendota Heights Road. Public Works Director Jim Danielson explained that November 20, 1990 Page 9 that particular intersection is not within Mendota Heights jurisdiction. He explained that the City has petitioned MnDOT on several occasions for signal lights. He explained that certain warrants have to be met before signal lights are installed. In response to a question from Mr. Grieving, Public Works Director Danielson stated that the City could petition the State for installation of signal lights. Mayor Mertensotto stated that the City should petition the State in conjunction with the proj ect . Mr. Jim Tschaan, Head Master of the Convent of Visitation, questioned when the assessment hearing will take place. Mayor Mertensotto estimated that the hearing may be in 1992. Mr. Tschaan questioned if the sole benefit that Visitation derives from the water assessment is the safety factor. Engineer Eckles explained (using maps) that the south portion of Visitation's land is being assessed for water. He e�lained that all of the land owner by Visitation south of Mendota Heights Road has never received any water and when it eventually develops it will need a watermain. He explained that there is nothing proposed to assess any land on the north side. Mayor Mertensotto explained that this assessment has nothing to do with the fire prevention. Mayor Mertensotto stated that that was specifically addressing St. Thomas Academy in regards to the assessments for looping the watermain on Lake Drive. Engineer Eckles explained that streets will be assessed on both sides of the street. Mr. Tschaan stated that Visitation has no immediate development plans. Mr. Ultan Duggan recommended that the City petition MnDOT for traffic signals at the intersection of Dodd Road and Mendota Heights Road. He further asked if the construction could be completed before school starts for the new year. Mayor Mertensotto stated that the City would do its best in supporting the request. Councilmember Cummins moved to close the public hearing. Councilmember Blesener seconded the motion. November 20, 1990 Page 10 AYES: 5 NAYS: 0 Councilmember Blesener moved adoption of Resolution No. 90-81, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATION5 FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE PROPERTIES ALONG MENDOTA HEIGHTS ROAD (BETWEEN T.H. 149 AND LEXINGTON AVENUE, IMPROVEMENT NO. 90, PROJECT NO. 3). Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 HEARING: CASE NO. 90-42: THEATERS WITHIN A B-4 ZONING AMENDMENT Mayor Mertensotto opened the meeting for the purpose of a public hearing to consider an amendment to the Zoning Ordinance to allow movie theaters within the B-4 Shopping Center as a permitted use. Mayor Mertensotto briefly explained that the City only has one B-4 Shopping District. Mr. Edward Paster, Paster Enterprises - owner of the Mendota Mall, was present along with Mr. John Street, Construction Manager of Paster Enterprises and Mr. Larry Kirschenman, Vice President of MIDCO. Mr. Paster explained that MIDCO is proposing to construct a family type theater within the Mendota Mall. He explained that MIDCO's reputation is very respectful and that they respect Paster Enterprises sensitivities with regards to the use of the Mall. Mr. Paster further stated that a concern at the Planning Commission level was that there will not be a video arcade next to the theaters. He stated that they are contemplating installing 2 or 3 video games in the lobby for people to use who are buying tickets to see a movie only. Mr. Larry Kirschenman, Vice President of MIDCO, briefly explained that MIDCO is presently running movie theaters within three states. He explained that there will be roughly 1,200 seats and that the operation will be open seven days a week. He stated November 20, 1990 Page 11 that the movies shown will be "second run" movies and the admission price will be a discount price. He further explained that they are unsure at this time if they will be running movies with an NC-17 movie rating. Councilmember Anderson pointed out that once the theater amendment is made, the City Council is not going to be in a position to issue any prior restraints on movies that the theater shows according to the First Amendment. Councilmember Anderson stated that he is concerned with the inadequate amount of parking, the inadequacy of ingress and egress cuts for traffic, no control over the type of movies. He stated that he doesn't see a great demand in the community for second run, discount movie theater. He stated that he was surprised to see that the Planning Commission was so enthused about this request with the concern for quality that we have in this community . Mr. Paster stated that he shares the same concerns for quality within the community. He stated that there is a lease agreement and that this agreement stipulates that the movie theater will be a family type theater specifically prohibiting the showing of any pornographic movies. He explained that the parking will be adequately handled. He stated that they may open up the additional land that they own to help ease any parking problems. He explained that Paster Enterprises has been very aggressive in trying to rent the shopping center for the past three years. He explained that they are trying to meet the needs of the community. Mayor Mertensotto acknowledged the fact that it may be a difficult situation with the access out of Plaza Drive on to Dodd Road. Councilmember Anderson stated that the City may be going a little overboard to facilitate economic success on the part of the developer. He further stated that there are two movie theaters in West St. Paul. He also stated that both theaters in West St. Paul have plenty of ingress and egress cuts. He stated that the traffic situation at the Mendota Mall is already a bad situation and that the proposed theater will only compound the situation. He stated that the City Council November 20, 1990 Page 12 should be responsible in amending the Zoning Ordinance. There was no one present in the audience to discuss this request. Councilmember Cummins questioned if there will be further variances needed to install additional signage. Mr. Paster stated that there are already signs installed within the shopping center. He further explained that he is unsure if the proposed clock tower will be constructed. Mayor Mertensotto expressed his concerns for emergency exits. Mr. Streeter stated the parking questions, emergency exits, sprinklers, etc. will all be met according to State Code requirements. He further stated that all required plans will submitted to the City Building Department. Councilmember Blesener stated that she feels the theater is an appropriate use within the shopping district. She stated that this movie theater targets the family. She further stated that the traffic will be staggered and that she doesn't feel that traffic will be a problem. Councilmember Blesener moved to close the public hearing. Councilmember Cummins seconded the motion. AYES: 5 NAYS: 0 Councilmember Cummins moved adoption of Ordinance No. 272, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 401." Councilmember Blesener seconded the motion. AYES: 4 NAYS: 1, ANDERSON HEARING: CASE NO. 90-36: I�INVILL - ORDINANCE AMENDMENT - CHURCHES IN THE INDUSTRIAL PARK Mayor Mertensotto opened the meeting for the purpose of a public hearing for an Ordinance November 20, 1990 Page 13 Amendment to allow churches within the Industrial (I) Zoning District as a Conditional Use. Mr. Ralph Linvill, owner of Dakota Business Plaza located at 2401 Pilot Knob Road, explained that he has leased space in his plaza to a church. He explained that he does lease space to churches in other buildings that he owns in other communities. He explained that the Dakota Business Plaza is open during the week from 7:00 A.M. to 5:00 P.M.. He stated that on holidays and weekends the building is pretty much empty. He explained that the lease restricts the church to five parking spaces during the week. He explained that during church services and after 5:00 P.M. during the week there are no parking restrictions. He stated that the signage is the same type of signage that all other tenants have which was approved originally with the building. Mayor Mertensotto stated that this building is in a revenue bond financed building. He explained that the Zoning Ordinance Amendment is a policy question and a legislative decision for City Council. He stated that churches do not pay taxes and that within an industrial area and the purpose commercial space is to create tax revenue, a business climate and jobs. He further stated that the City may be creating a problem with precedent setting within the industrial zone if the City amends the Zoning Ordinance. Councilmember Anderson stated that the church, at this time, is in need of more space and that they need time to generate funding to construct their own facility and this lease option suffices their current need for space. He stated that if the church rents the property from Mr. Linvill, it helps to pay his taxes. Attorney Tom Hart stated that the control over conditional use permits is significant and that the very nature of conditional use permits is to allow the City to impose reasonable restrictions and conditions upon a particular use, business or enterprise that is being conducted. Councilmember Blesener questioned if the City has the right to control hours of operation with a conditional AYES: 5 NAYS: 0 ♦ � November 20, 1990 Page 14 use permit. Mayor Mertensotto stated that conditions have to be germane to the health, welfare and public safety of the community. Attorney Tom Hart concurred. � Councilmember Hartmann reiterated that the issue is whether a particular use is a permitted use under a conditional use permit, that once it is a permitted use that anyone that wants to make use of the property that way can apply. Mayor Mertensotto concurred. Attorney Tom Hart stated that tax exempt status of churches and schools are governed by federal law. Councilmember Cummins questioned if the City could accommodate Mr. Linvill through a variance process without a rezoning. Mayor Mertensotto explained that a variance can only be granted through a provision if it is a permitted use within a zone. He stated that in this case churches are not a permitted use. Attorney Hart concurred with the Mayor. . Councilmember Blesener moved to close the public hearing. Councilmember Cummins seconded the motion. Councilmember Blesener moved adoption of Ordinance No. 273, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 401." Councilmember Cummins seconded the motion. AYES: 3 NAYS: 2, MERTENSOTTO HARTMANN Motion fails. r 4 ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Blesener seconded the motion. AYES: 5 NAYS: 0 TIME OF ADJOURNMENT: 10:13 o'clock P.M. ATTEST: Charles E. Mertensotto Mayor Kimberlee K. Blaeser Senior Secretary \ . • ' `1 , . . , : . .' j . . . �:. • .. .. . . , . ' .� . „ .. .. ,. . �. . . •, . . . _' • ' .. . ,' - MEMO Date: 17-23-90 T0: Mayor, City Council, and City Administrator FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Building Activity Report for November 1990 CURRENT MONTH YEAR TO DATE 90 YEAR TO DATE 89 BUILDING � � PERMITS: No. Valuation Fee Collected � No. Valuation Fee Collected � No. Valuation Fee Collected � � SFD a1 1,810,855.00 15,736.08 � 72 11,785,923.00 101,992.69 � 84 13,497,576.00 117,821.00 APT 0 0 0 � 0 0 0 � 0 � 0 0 TOWNHOUSE 0 0 0 � 6 716,694.00 6,922.59 � 17 2,347,486.00 21,599.15 CONDO 0 0 0 � 16 1,278,376.00 8,116.36 � 43 4,309,292.00 26,308.46 MISC. 78 125,094.00 2,168.10 � 219 1,682,413.00 30,346.56 � 210 1,767,502.00 31,617.54 C/I 9 3,195,284.00 18,809.30 ( 44 5,435,358.00 35,567.05 � 40 6,795,505.00 40,594.20 -------------------------------------------+------------------------------------+------------------------------------ Sub Total 38 5,131,233.00 36,713.48 � 357 20,898,764.00 182,945.25 ( 394 28,717,361.00 237,940.35 � � � � TRADE � � PERMITS• I I � � Plumbing 5 310.00 � 120 5,666.00 � 771 4,418.00 uater 12 60.00 � 113 565.00 � 165 825.00 Sewer 14 245.00 � 704 1,820.00 � 144 2,520.00 Heat, AC, � I & Gas 12 575.50 � 157 16,891.85 � 212 20,123.00 -------------------------------------------+------------------------------------+------------------------------------ Sub Total 43 7,190.50 � 494 24,942.85 � 692 27,886.00 � � � � Licensinq• � I � � Contractor's � � Licenses 46 1,150.00 � 472 11,800.00 � 487 12,175.00 -------------------------------------------+------------------------------------+------------------------------------ Total 127 5,131,233.00 39,053.98 �7323 20,898,764.00 219,688.10 �1573 28,717,367.00 278,001.35 NOTE: All fee amounts exclude Sac, Wac, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. � CITY OF MENDOTA HEIGHTS MEMO November 29, 1990 TO: Mayor and City Council FROM: Tom Lawell, City Administr��.��" SUBJECT: Dakota County Legislative Policies for 1991 INTRODIICTION For the past several years, the Cities within Dakota County, and Dakota County itself, have annually adopted legislative policy positions which are used to educate and inform our area State Legislators of our common community concerns. Attached please find the proposed legislative policies slated for advocacy during 1991. As part of finalizing the policies, each City is being asked to formally consider and adopt the attached. DISCUSSION A total of twelve legislative positions are proposed for adoption. A brief summary of each topic is presented below: 1. Special Service District Creation Cities should have the ability to establish Special Service Taxing Districts (such as the street light service district in our industrial park) through a local adoption process, without having to, in each instance, pursue special enabling legislation from the State. 2. County State Aid Distribution Formula The allocation formula and screening process currently utilized to distribute funds from the State to the County State Aid Highway system should be modified to more equitably distribute funds to the Twin Cities Metropolitan area. 3. Drug Enforcement Legislation Consistent with special legislation approved for several northern Twin Cities suburbs last session, Dakota County and Cities within the County should be enabled to special levy for costs associated with drug enforcement activities. e 4. Local Boards of Review Although Dakota County is solely responsible for establishing property market values throughout the County, individual Cities are currently required to conduct annual Board of Review meetings. These meetings require County officials to transport 18,000 appraisal records to 34 separate evening meetings in order to serve approximately 3,300 taxpayer inquiries. During this past year Dakota County presented to area Cities a modification to the system which would in essence eliminate the local Board of Review in favor of a process which is more efficient, effective and convenient to County residents. Based on favorable City input, this policy seeks the necessary State legislation to enact the modification. 5. Hazardous Materials Response To better protect public health and to plan for chemical emergencies, it is proposed that a regional approach to hazardous materials emergency response be authorized and that the State take a lead role in establishing and coordinating a State wide hazardous materials response system. Funding for such a system would be from both public and private entities. 6. Light Rail Transit Development of a Light Rail Transit (LRT) System in the Metropolitan area should be coordinated between the various County Regional Railroad Authorities and should allow for municipal approval authority for preliminary and final LRT designs. 7. Regional Airport Policv � The "dual track" process evaluating the options of expanding MSP verses relocating MSP is supported. A decision to expand MSP should be driven by air noise mitigation efforts, while the relocation decision should be based on an analysis of social, economic and land use implications. 8. Comprehensive Solid Waste Legislation No major solid waste legislative changes are proposed. Continued funding for recycling/abatement efforts and market development for recycled materials is encouraged. � 9. Land Use Planning Leaislation Supports the legislation being sponsored by the Association of Metropolitan Municipalities (ANIlK)�which will clarify and recodify the State's planning/zoning laws. Under the proposal, municipalities retain appropriate discretion in establishing land use controls and the City Council retains the final decision on planning and zoning matters. 10. Road Access Charqe Legislation is proposed that Cities be permitted to assess new lots with a road access charge, as is now customarily charged to developers for water and sewer access. The charge would help offset arterial road costs within the City, similar to utility area charges which now help to defray "oversizing costs". This charge is basically an infrastructure impact fee and will need legislative authority to enact. 11. Local Government Finance A number of positions are advanced relative to local government finance. It is advocated that Levy limits be repealed, Local Government Aid (LGA) and Homestead and Agricultural Credit Aid (HACA) payments be maintained or increased, all State mandates to 1'ocal government be State funded, no mid year property tax changes be permitted, a metropolitan tax be considered to better address metropolitan needs and that revisions be made in the property tax system to more equitably distribute revenues to the metropolitan area. 12. Retroactive LGA Prior year LGA payments have traditionally been based on population estimates issued by the Metropolitan Council. The preliminary results of the 1990 Census show that the Metropolitan Council estimates have been historically low, and it is advocated that Cities receive a one time retroactive LGA payment to reimburse them for the cost of providing service to this larger population. IMPLICATIONS The above described policies were developed over the course of several months by the various Dakota County City Administrators and the Dakota County Administrator. Mendota Heights staff inembers were also asked to participate in drafting the policies and did provide a number of helpful comments. Although several of the policies do not directly affect Mendota Heights and/or have little practical chance of being enacted into law, the policies do serve a useful purpose nonetheless in educating our area legislators about community concerns within Dakota County. Two of the draft policies deserve specific comment due to their possible implications. The Drug Enforcement and Local Government Finance Policies potentially could result in additional taxes being imposed upon our residents. The Drug Enforcement Policy (number 3) proposes a special Levy for drug enforcement activities in an amount up to $3.00 per capita for the County and $2.00 per capita for the City. Although the authority requested is enabling only, it is a near certainty that Dakota County will impose the Levy, if given the authority, to help alleviate the rising costs of their criminal justice responsibilities. r Secondly, the Local Government Finance Policies condone the enactment of a metropolitan tax to address "new metropolitan priorities, particularly Light Rail Transit". The tax could take the form of either a sales or property tax which would be earmarked by the Legislature for a particular metropolitan need. The ANIl�! also recently adopted a similar position which particularly endorses transportation needs. Council should be aware that the enactment of such legislation could result in an additional metropolitan tax to support a"metropolitan need" which might not directly benefit our community in the near future. RECOI�IENDATION Recognizing that the draft policies are intended to address the collective needs of Cities within Dakota County, staff feels that the policies are appropriate for adoption and advocacy during the 1991 Legislative Session. As indicated in the attachment, the Policies are intended to be presented to our area Legislators at a legislative breakfast scheduled for Friday, January 11, 1991. If possible, Councilmembers should make plans to attend this event. ACTION REOUIRED Should the draft policies prove acceptable, Council should consider a motion approving the attached 12 Legislative Policies for advocacy during the 1991 Legislative session. MTL:kkb ; �, DATE: c�ty of BURNSVILLE 100 Civic Center Parkway • Burnsville, Minnesota 55337-3817 (612) 895-4400 November 23, 1990 T0: Dakota County Staff Dakota County Administrators/Managers Dakota County Township Clerks FROM: Jill Shorba, Administrative Assistant SUBJECT: Dakota County Managers Meeting Thursday, December 13, 1990, 10:00 a.m. Rosemount City Hall At the last Dakota County Managers meeting, members reviewed and discussed the twelve proposed legislative positions. The changes which were suggested have been incorporated and the updated positions are enclosed. Please discuss the proposed positions with your City Council or County Board members. We will finalize these positions at our next meeting on �Thursday, December 13, at 10:00 a.m. at Rosemount City Hall. Our Legislative Breakfast is scheduled for Friday, January 11, at 7:30 a.m. in Rosemount. Please inform your Boards/Councils of this date and encourage their attendance. If you have any questions, please give me a call at 895-4469. Enclosures ti� 7.> - � F • L�: LEGISLATIVE POSITIONS ,. DEVELOPED BY DAKOTA COUNTY AND CONSTITUENT CITIES I991 PROPOSED � � -� SPECIAL SERVICE DISTRICT LEGISLATION Position Statement . . t. BACKGROUND �•. Minnesota Statutes Chapter 428A allows municipalities to establish Special Service Districts for the purposes of providing levels of public services above and beyond the normal level otherwise provided throughout the city. The purpose of these service districts is to recognize that certain types of property require certain additional levels of public services that should not be financed from the general fund property tax of the city. Examples of such services include but are not limited to additional street lighting, parking lot and street maintenance, landscaping, signage, refuse collection, security, transportation services, as well as advertising and promotion. A service charge would be levied on the property within the--bo�undaries of the district to pay for the desired services. Consequently, only property inside the district boundaries�would receive benefit from the services. M.S. Chapter 428A is standard "boilerplate" language regarding special service districts. Each�proposed district must be approved as enabling.legislation , for the requesting city. Once the enabling legislation has been approved, the city must adopt a local ordinance establishing the district. The statute is very specific about the hearing and publication process that needs to occur before the district can be approved. If 35 percent of the landowners in the district file an objection prior to the ordinance's effective date, the / ordinance is void. All residential property within the district is exempt from paying any of the service charge levied by the city. An annual hearing must also be held before approval of a levy to support the future year's work or program. The governing body approves the levy by resolution. Service charge levies are not included in levy limit calculations. The city may bond for district improvements and pay for them by pledging the annual service charge levy. The governing body ma appoint an advisory board or act as the board for the district. Twenty-five (25) percent of all landowners and landowners who represent 25 percent of the property value must file a petition requesting (or approving) a proposal prior to council action; the same 25 percent plus 25 percent ratio is needed prior to approval of a service charge and levy. It can be vetoed by a petition of 35 percent of the landowners or owners who represent 35 percent of the property value. Action which would approve other types of service charges other than a levy are also subject to a-petition of 25 percent of the businesses in the district. If 35 percent of the business owners object ta the service charges, the adoption of these service fees would be voided. The service fee vetoes or petition provisions do not apply to succeeding years once a service charge has been approved and not challenged in the first year. _�' � SPECIAL SERVICE DISTRICT LEGISLATION � Position Statement � � POSITION �,; Special service districts provide the opportunity to make public improvements to specific areas of a community and generates the necessary finances directly from those who will benefit without the restrictions of using special assessments. The service charge is totally a local option tool by the governing body and the amount of the service charge is determined by the business proprietors and property owners based on the type of service and level of service they desire to have. The hearing and petition process provides adequate assurances of citizen participation and flexible opportunities to create, modify, and repeal the--di�strict and its provisions. RECOMMENDATION Minnesota Statutes Chapter 428A should be amended to repeal the requirement of the approval of enabling legislation for special service districts. The �establishment of such districts should begin with the local adoption process. JUSTIFICATION 1 Because special service districts have no taxing or spending impact on persons or property outside the boundaries of the district,.and because the provisions of the districts are directed entirely by those being levied� and receiving benefit from the services., legislative approval is simply not necessary. The use of special service districts recognizes the need of areas within communities that require additional and unique types and levels of public services. Because legislative requests for special service districts typically contain standardized language and are of only local consequence, they are frequently neglected during the legislative process. Finally, all communities should have an equal opportunity to secure special service district approval. .�� � 1 �./ COUNTY STATE AID DISTRIBUTION FORMULA Position Statement BACKGROUND � � The constitutional amendment that:governs the distribution of the Highway Users Fund was adopted in 1958 and provided for 629'0 of the monies in the fund to be distributed to state roads, 29� to be distributed to county roads and 9�0 to city roads. The distribution of these funds among the county and city road systems is governed by both statute and administrative rule. For a variety of reasons the distribution of the city funds has continued to meet the changing needs the cities and the population growth and has resulted in a formula that distributes approximately 80�0 of the city state aid highway funds to cities the seven county metropolitan area. Changes in�'the�distribution for the County State Aid Highway (CSAH) funds, however, have not followed the of in population growth, and as a result, we find that today only about 17.7 of the CSAH funds are distributed to counties in the seven county metropolitan�area. Because virtually all of Dakota County's use of CSAH funds�are expended within the various cities in Dakota County and the resulting improvements to the county road system is a direct benefit to the cities in Dakota County, it would be beneficial to both Dakota County and cities of Dakota County to bring about a more equitable distribution of CSAH funds. The current statutory distribution formula is as follows: 10% 10� 30% 50qo equally to the 87 counties based on the number of vehicles registered the number of miles of CSAH roads on need as determined by the Screening Committee The Screening Committee is made up of one representative from each of the 9 State Highway districts of which there are 2 in the seven county metro area. The definition of needs is mainly spelled out in administrative rule, but proposed revisions are discussed and voted on by the members of the Screening Committee which is dominated by the rural part of Minnesota. The Legislature has appointed a Transportation Study Board which is currently .. studying the subjects of road jurisdiction and funding. The goals of this committee should include simplifying the system that is used in distributing dedicated highway funds including gas tax monies and making sure that this distribution is done in a fair manner. It is estimated that the metropolitan area is contributing approximately 45q of the dedicated highway fund money and receiving only 16.69'0 of the money in return. It is recognized that changes are needed in the growing urban areas of Minnesota to meet the traffic demands that go with this rapid growth. It is also recognized that the rural counties of the state need to have funding maintained to support a logical inter-county road system. :� COUNTY STATE AID DISTRIBUTION FORMULA Page 2 �� Position Statement .._. .. t• The preliminary discussions of the�.Transportation Study Board indicate the division of County State Aid Highway (CSAH) funding should be maintained at 60qo for construction and 40% for maintenance. The construction portion of the funding is presently contemplated to include factors for vehicle registration and land miles with an individual county construction cost index to be used for adjustment between high and low cost construction areas. The maintenance portion of the funding could be based on the relative number of vehicle registrations and lane miles in each individual county. It is expected that the Transportation Study Board will try to maintain minimum funding in counties at present levels with new money needed to support the additional cost required, the majority of whicfi tincrease is expected�to go to the urban growing counties of the state. RECOMMENDATIONS -�� -� �.. It is recommended that the concepts proposed by the Transportation Study Board as detailed above be supported. Should the attempt to change County State Aid Highway funding as contemplated by the Transportation Study Board fail, the following recommendations are made to the current statutory distribution formula. J - Modify the current statutory distribution formula as follows: 10�o equally to the 87 counties 30% based on the number. of vehicles registered 30� the number of miles of CSAH roads 30� on need as determined by the Screening Committee - Assign greater priority to the number of vehicles registered, and reduce the importance of the needs factor. - Expand membership of the Screening Comnittee to 14 members by adding a member for each of the urban counties (over 175,000 population). - Base funding on lane miles rather than center-line miles. �./ � � L� DRUG ENFORCEMENT LEGISLATION Position Statement BACKGROUND " '� . �. - During the last session, special legislation was passed on behalf of a group of cities in the northwestern Metro area. The legislation allowed those cities (Maple Grove, Brooklyn Park, Brooklyn Center, and Coon Rapids) continuing authority to levy up to a2.00 per capita annually, above their levy limits for drug enforcement. Specifically, the money can be used to pay salaries and benefits for peace officers under a joint powers agreement whose primary responsibilities are to investigate controlled substance crimes or to teach DARE curricula in schools. RECON�NIENDATION Draft legislation providing for a�2.00 per capita levy for Dakota County cities, and also a$3.00 per capita levy for County drug enforcement and incarceration (including educational, treatment, and a7ternative programs) , should be introduced and supported as a Dakota County special bill. � � LOCAL BOARDS OF REVIEIi Position Statement BACKGROUND , Current law in Minnesota (Minn..�tat. 274.01) requires town boards and city councils to serve as local boards of review on an annual basis between April 1 and May 31, to hear and deal with complaints regarding assessment of real property for tax purposes. Aggrieved persons may also appear at a county board of equalization, held between June 15 and June 30, or file for an abatement (Minn. Stat. 270.07) or file a petition in Tax Court (Minn. Stat. 278.01). In Dakota County, attendance at local boards of review and the County Board of Equalization has increased dramatically in recent years, totaling approximately 3;000 in 1990. Recent changes in�the�State's tax laws will likely maintain or increase the level of interest. Since 1970 all assessment of real property in Dakota County has been handled by the County. There is no local assessment responsibility for cities or townships. County Assessor's Office personnel are solely responsible for establishing market-value on all real property (approximately 105,000 parcels). The same staff inembers attend all thirty-four (34) local boards of review and the County Board of Equal�ization to meet with county residents and answer questions. Currently meetings are required to be held in all thirty-four taxing jurisdictions during the months of April and May. Typically these are evening meetings for the convenience of the Board members and taxpayers. However, many taxpayers work evenings, thereby making attendance a hardship. Many times 200-500 people attend these meetings. The volume of inquiries, along with the limited available time to review them, makes this system both - inefficient and costly. It simply.is not feasible to handle 3,300 taxpayer inquiries during 34 evening meetings. It is not efficient, or safe to transport up to 18,000 appraisal records to each local community�as required by law. The time span between local boards and the County Board of Equalization is not sufficient for our staff to complete the review process. Also, taxpayers do not have sufficient time to prepare evidence which may support their position. In an effort to simplify this annual process, streamline the tax review procedure, save on substantial amounts of county staff time and overtime and ,.. recognizing the County's responsibility in administering the real property tax system, it is suggested Dakota County seek special legislation to exempt the County from the requirements of Minn. Stat. 274.01. Cities and townships of less than 2500 population would have the option°of exclusion from this proposal. - Endorsement for the County proposal to exempt Dakota County from the Local Board of Review legislation has-been received from the cities of Eagan, Burnsville and Rosemount. Most of the other�cities gave verbal support of the proposal. LOCAL BOARDS OF REVIEW ` Position Statement _. .. �. � On March 27, 1990, the Dakota County Board of Co�rniss,ioner passed Board Resolution No. 90-301. The resolution reads as follows: Page 2 � • I:• : WHEREAS, the Dakota County Board of Commissioners has proposed special legislation relating to Local Boards of Review exempting Dakota County from the requirements of Minn. Stat. 274.01; and WHEREAS, the Board of Commissioners has received numerous resolutions from cities in Dakota County in support of this legislation; and NOW, THEREFORE, BE IT RESOLVED, that all townships, and those cities with a populaticn of less than 2,500 in Dakota County, be given the option of exclusion from the merger of the L-ocal and County Board of�� Equalization. RECOMMENDATION � Support the passage of legislation which would exempt Dakota County from the requirements of Minn. Stat. 274.01, subject to acceptance by the cities or townships with a population of 2,500 or less. Section 2 of the proposed act should also be extended to include the month of April, as well as May and June. `�- It will also be necessary to update the effective date from the listed in Section 3 of the Board Resolution, to August 1, 1991. � � HAZARD�US MATERIALS RESPONSE Position Statement BACKGROUND � � � � - - '' In 1986 Congress passed the Emergency Planning and Community Right to Know Act as Title III of the Superfund Am+�ndments and Reauthorization Act (SARA). Congress enacted this law to help local communities protect public health and plan for chemical emergencies. To implement Title III, Congress required each state to appoint a State Emergency Response Commission (SERC), and this Commission then established Local Emergency Planning Committees (LEPC). Although these Local Planning Committees exist, there is no statewide coordination for hazardous materials response. At a local level, the development of hazardous materials response capabilities is usually dependent on city size and the perceived threat of hazardous materials incidents. It is often too expensive to adequately provide hazardous materials response at the local level. New federal law requires all personnel responding to hazardous materials emergencies�to be properly trained and equipped. These standards require the vast majority of fire departments to provide additional extensive training or be in violation of the law. It is impossible�at the city or county level to meet these training requirements�within a reasonable cost. One alternative is to pool resources so every jurisdiction does not have to develop and maintain specialized hazardous response teams. Regionally �s organized�response teams are the most effective and economical approach for responding to hazardous materials emergencies. In 1990, the legislature passed a law requiring the Commissioner of Public Safety to plan a statewide '�.,� .system.of response to hazardous materials release emergencies. An advisory `-` council was established to assist the Commissioner and consists of inembers from the fire service, the public, business, and industry, and a representative from local government. This plan is to be submitted January 1, 1991. Based on this plan, legislation will be recommended which will establish a response system, standards for response and a fee structure to support the system. RECOMMENDATIONS 1. Authorize the establishment of regional hazardous materials response teams to provide response to all communities within a district. �� 2. Designate a central state organization to establish, direct and coordinate a hazardous materials response system. Under the direction of the Department of Public Safety This organization would provide consistent standards and operating procedures and would insure proper response throughout the state. 3. The State should support funding to cover the training, equipment, and operational costs necessary to develop regional hazardous materials teams which meet Federal and State safety and training regulations. `� 4. A funding approach should be developed which supports a public private partnership. � LIGHT RAIL TRANSIT Position Statement BACKGROUND '� The State Legislature mandated t�at the Regional Transit Board's Joint Light Rail Transit Committee, comprised of county regional railroad authorities, prepare a Light Rail Transit Coordination Plan. The Plan will identify organizational and implementation methods for light rail transit in the metropolitan area. The plan will also include a 10-year schedule and budget for LRT implementation. The 10-year schedule will present the costs for implementing the corridor staging priorities adopted by the Regional Transit Board in 1990. The staging priorities for corridors in Dakota County include the St. Paul south to TH 100 in Group B and an extension of I-35W to TH 13 in Group C. The Joint LRT Advisory Committee has recommended a one cent sales tax for transportation purposes�with one-half cent dedicated to LRT construction. The County and cities should receive a"fair share" of funds based upon contribution. � The LRT Coordination Plan will also identify the lead agency �for implementing LRT in the region. The county regional railroad authorities have taken the lead in preparing plans and preliminary designs for light rail transit. Under current legislation, the cities maintain an approval authority over preliminary and final designs for LRT. _ � The construction of light rail transit should be implemented by a Joint Powers Board comprised of regional railroad authorities. The Joint Powers Board should also contract with MN/DOT for construction of LRT if located within a State right-of-way. RECOMMENDATIONS - If a regional sales tax is approved for funding broad-based transportation needs, the level of funding should be sufficient for road improvement needs and light rail transit within Dakota County. Support the implementation of light rail transit in the metropolitan area through a lead role by a Joint Powers Board comprised of county regional railroad authorities. Support a continuation of the approval authority by municipalities for preliminary and final design of LRT. Support the involvement of MN/OOT in the constructi-0n �f LRT in State �right of ways. �/ � REGIONAL AIRPORT POLICY Position Statement BACKGROUND �� ' . ,. - The Twin Cities Metropolitan region has actively debated noise and adequacy issues for almost twenty-five years as they relate to the Minneapolis/St. Paul airport. At the direction of the legislature, the Metropolitan Council undertook a study of the Minneapolis/St. Paul International Airport to consider its adequacy to meet traffic demands in the future and the environmental� capacity (e.g., noise) of the community to coexist with the •airport. Following eighteen months of study, the Council's Airport Adequacy Task Force recommended that the Metropolitan Council and Metropolitan Airports Commission implement a"dual track approach" that includes enhancement of capacity at the current site and land banking in anticipation of a replacement airport should future air traffic demands warrant it. In 1989, the dual-track approach recommended by the Adequacy study was incorporated into legislation which established time lines for various tasks. A number of groups and studies have proposed alternatives for the enhancement , of capacity of the current airport which could have direct or indirect effects on Dakota County. These enhancements include the extension of existing runways, addition of runways and a reorientation of its departure routes to the south and southeast over Burnsville, Eagan and other parts of Dakota County. The Airport Adequacy Task Force also concluded that there is a � reasonable risk that the current airport's capacity will be exceeded within - five years. To meet demand for ten to twenty years, while land banking and environmental reviews are conducted for a potential relocation, additional capacity will be developed at the current airport. As this time period expires, a decis�on�would be made to either construct an additional runway at the existing site or to implement a relocation. The addition of a new north- south runway, immediately adj�acent to Cedar Avenue, would introduce additional flights over Burnsville, Eagan and other parts of Dakota County. The addition of a third parallel runway would bring additional flights over Mendota Heights, Eagan, Mendota, Lilydale and other parts of Dakota County. Noise impacts are difficult to predict because the quieter "Stage III" generation aircraft are expected to be integrated in airline fleets during this same time period. If relocation occurs, it will present the classic public policy dil,emma - what to do with a very good thing which has some very bad side effects? Economic benefits to Dakota County from proximity to an airport could be lost, shifted or gained in a relocation, depending on the location of a new site. Moreover, the uncertainty of re�ocation could cause developer reluctance to invest in either existing or potential Dakota County locations. The Metropolitan Council is developing its guidelines for reviewing land use changes in new airport search areas. These guidelines will set the stage for city, county and township involvement in the search/siting process. Dakota County has the entire spectrum of land uses within its boundaries, from urban to suburban to rural. Defining "acceptable land use" within areas designated as "search � areas" and finally as "site areas" may adversely affect any unit of government in which these areas are located. i REIONAL AIRPORT POLICY Page 2 � �`- Position Statement 7he Metropolitan Council has already ind3cated that Southern Dakota County and Anoka County are the areas being,.considered for search areas. RECOMMENDATIONS The "dual track appraach" of the Airport Adequacy Task Force is a reasonable m�ans ta aliaw a smoath transition fram the current s�te, {and its capacity), ta a higher capacity at the current or a new site. It also keeps regional options open in t�e event that capacity prajectians prove inaccuraie, bui it cauld also introduce uncertainties in Dakota County that may dislncate commercial a�d residential development. In the�final 8ri81ys1s��the COU�ty�s best interests may be served by a policy of support for the use and expansion of the current site and, if relocation is necessary, suppart for a site of sufficient s�ze ia avert environmentai issues af noise while alsa minimizing adverse economic impacts on Dakota County. Consideratian for effects on residents, landawners and existing business must be as encompassing as passi�ble and should include,social as well as economic issues. The relocation of the airpori would change forever the ruraljagr3calturai nature of soathern Dakota County as well as the northern`"areas which have experienced development and growth because of the existing airport. Suppart for a new site shnuld aisa be contingent on two other conditionst l. Enhancement of the capaciiy at the existing airport must be accompanied by an equally zealaus cammitment to the mitigation of passible air.craft noise consequences. Any new ar changed distributian af aircraft noise in Dakota�County should reflect and be firmly guided by existing community comprehensive pians and settlement patterns. 2. Site choices and landbanking decisions must be based on the total speciram af sociojecanomic issues and•must pratect the rights of landawners and residents. The "alternative environmental review pracess" be�ng propased by the Metropaiitan Cauncil must address this broader spectrum of issues. A clear, decisive policy must be in place before a site is chosen which ailows loca3 governments to; a} Request baundary changes of the finai search area ar ta "opt out" of the search area. b} Request variances to the iand use requirements and strict interpretations of the land use guidelines far "search" and "site" areas. - - c) Esiablish an aathority to hear appeals by local governmeni to land use regulations for search/site areas. � �; COMPREHENSIVE SOLID WASTE LEGISLATION Position Statement BACKGROUND " Since April 1989 all single fami�.y homes in Dakota County have had an opportunity to recycle (at the curb) newspaper, aluminum/tin cans, and glass. Some haulers are also collecting waste oil, lead acid batteries, corrugated cardboard and beverage plastics. In June 1990 the Dakota County Recyclables Collection Center (RCC) began accepting from haulers on a voluntary basis plastic beverage containers and is currently reviewing the acceptance of other recyclables at the RCC. Over 1,000 tons per month of recyclables are delivered to the RCC each month. In addition, a majority of all multi-family buildings will be on line by the end of 1990. The County will be completing a commercial r.ecycling strategy in early 1991 and is also nearing completion on a waste characterization study for the County. � A major task in 1991 will be to design a solid waste management plan to recycle 35� of the County's waste by 1993 as required under SCORE. It is expected that solid waste management will continue to be one of the major environmental issues for Dakota County in 1991. �� � RECOMMENDATIONS 1. There should be no major statutory changes for the metropolitan solid waste management system. - Government and private industry are fine tuning their collection q and processing systems to both expand the system and make it more economical. Major changes could disrupt this system. - It is important to allow individual counties and cities an opportunity to implement a recycling program which meets the currently mandated recycling goals and also reflects the individual characteristics and preferences of their communities. Additional legislation should take place only if these goals are not met. Any SCOPE (Select Committee on�Packaging and Environment) recommendation should be considered in this context. 2. Current funding mechanisms and levels for recycling and abatement efforts should be maintained or expanded. SCORE monies should be continued/expanded and should be distributed for abatement purposes only. Any new requirements by the State for recycling activities should provide comparable funding. 3. While it is important to expand the collection sys�emf markets must be available and industry should be encouraged. - Existing subsidies on virgin materials should be evaluated. - The Metropolitan Council and the Office of Waste Management should work jointly on regional market development efforts. � 4. Existing legislation outlining battery manufacturers' responsibilities should be enforced by the State. �r�:._ �' LAND USE PLANNING I.EGISLATIQN Position 5taiement ' . . _ . t. BACKGRQUND � � �� . �.: S.F, i5I0/H.F. 165�4 (from lasi sessionj was developed ta unify, clarify, and recodify the existing planning law for all local units of government. Aithaugh it represenied a substaniial improvement fram earlier drafis, it appeared to have some conflicts with the Land Use Planning Act governing Metro area cities. ' Variaus effarts duriag the interim to reconcile the problems discavered have noi been successfui. Therefore, the Assaciatian af Meirapoliiac� Municipalities (AMM) has undertaken to draft a bill that includes the best features and avoids the areas af unnecessary comfi-ict. RECOMMENDATIONS ` Support.the passage of AMM-sponsored iegislation to accomplish the follawing: ' � l. Cadify and unify state plann�ngjzaning law, provided ihat municipaliiies retain appropriate aptions for their own unique circumstances. � 2. Retain the ability of elected City Council members to have the finai �.- decision on glanning and zoaing issues, if they wish. - 3. Allow cities at least five years to update their laws ta the proposed standard. � . 4. Prov9de coasistency with aiher state requirements on ciiies, notabiy the Land Use Planning Act. � . Any praposed amendments to dilute or divest powers historicaiiy assigned to elected public officials shauld be defeated. s� � �� LOCAL GOVERNMENT AID Position Statement BACKGROUND " Dakota County cities have been sutistantially shorted in state aids for the last several years judging from the recently released preliminary U.S. Census figures. State aids are based on estimates provided by the Metropolitan Council, and those estimates appear (for Dakota County cities) to be consistently low. Dakota Countv II 250,310 II 274,016 II 8.7 II ... RECOMMENDATION Due to this large, consistent difference for Dakota County.cities, a one-time adjustment in Local Government Aid should be made to reimburse these cities proportionately for improperly calculated state aid. �_� � CITY OF MENDOTA HEIGHTS DAROTA COUNTY PARRS AND RECREATZON COMMISSIC?N MINOTES NOVEMBER 13, 2990 A�pecial meeting af the Mendota Heights Parks and Recreation Commission was held on Tue�day November 27, 1990 in the City Hall Conferenee Room, 1101 Victaria Gurve. Chair Jahn Huber callad the meeting to arder at 7:00 o'clo�k p.m. The following members were present: Huber, Hunter, Katz and Spicer. Klea.ngl.ass, Damberg and Lundeen were excused. Staff inembers present ware Parks Project Manager Guy Kullander, Parks Leadperson Terry Blum and Ad�ninis�rati.ve Assistant Kevin Batchel.der. Barry Warner and Augustine Wong, of Barton-Aschman, Keith Heaver and Jim Kilburg were alsa present., �,'F PRELIMSNARY SKETCHES OF MENDAKOTA PARK Chair Jahn Huber introduaed Ba�rry Warner and Augustine Wong, of Barton-Aschman who were presen� to discuss preliminary ske�.ches they had prepared for the layout of the athletic fields at the recently acquired Mendakota Park. Barry Warner presented an overview o£ four alternative sketches that were displayed on the walls, each with different configurations. Barry Warner discussed the opportunities and constraints of the site. He stated that the site was flat and this meant less grading, that there existed some black dirt on the site that could be used to alleviate having to haul a11 of it a.n, that the natural. drainage was favorable and that there existed quite a bit of sandy sail that would be good for percolation, enough so that drain tile would not have ta be used. like at Sa.bley. Mr. Warner e�lained that the high point o� topography was at the center oi' the southern border and that a strip o� waaded area existed along �he southern border. Mr. Warner stated vegetation removal would be minimal. Mr. Warner stated that the NSP easement running through the western end of the site was a canstraintl tha� grading or p2ayfields could not occur in the easement. He stated t�hat both power lines and gas lines existed in the easement. Mr. Warner stated that storm sewer was present and that a hydrant was present for irrigation. Mr. Warner stated that �.here wa� an opportunity for on street parking along th� south side oi Mendakota Drive. Mr. Warner explained that all four concepts allow � for four softball fields with a standard of 280' outfield fences. He stated the concepts differ in their configurations and that some include a full sized soccer field and free skating rink. He stated all four concepts have the neighborhood park amenities located at the west end of the park adjacent to the single family homes and that this includes play structure, hardcourt and the other typical neighborhood park amenities. He stated that some concepts showed tennis courts as a possible land dedication by the developer of Mendakota Estates. Mr. Warner presented the details of Park Concept A through D. Mr. Warner followed these descriptions by stating that he felt strongly that this should n� be a community oriented park with softball only as a primary feature. He stated this meant that soccer, skating, play structure, open areas, etc. should also be incorporated, that the opportunity existed to provide the community with many various park uses in this facility. Commissioner Katz agreed with this concept and stated that she did not prefer Concept D as it had auto traffic bisecting the park. Mr. Warner stated , that this option was provided in case the Fire Department had qualms about emergency access to the Fire Station during peak park hours. Staff was directed to consult with Public Safety for a review of the preferred design. The Commission agreed that auto traffic bisecting the park and utilizing the NSP easement to access Dodd Road should not be used, provided the Fire Department concurred. The Planning Commission discussed parking. Mr. Warner indicated the standard for parking is 30-40 spaces per playing field. Location of parking to the fields and to the skating rink was discussed. The Commission discussed a possible land dedication for tennis courts with Mr. Keith Heaver, a developer in Mendakota Estates. Mr. Heaver stated the association was considering the dedication of a single family lot for use in the park as a tennis court. Commissioner Spicer indicated that the City had an adequate number of tennis courts to meet demand and that a tennis court had not been included in Mendakota Park and had not been budgeted for in the referendum. Parks Project - Manager Kullander stated it cost $20,000 to �'1 �l V � construct one court. Mr. Heaver stated that the � association would consider dedicating the land and constructing the tennis courts, if the City would maintain and insure them. Kullander stated that if the association was willing to do this they should request it in writing and the City could consider accepting this and including it in the construction bid to save on construction costs. The Commission discussed designing the softball field layout in a pinwheel fashion with the comfort station at the hub of the four fields. After this discussion the Commission concurred that the pinwheel design was most favorable. The Commission concurred that the layout should be a pinwheel layout of four 280' softball fields on the east end of the park with a 330' by 195' soccer field to the west of the softball fields, with one parking lot of 100-140 spaces, with a comfort station in the hub of the softball pinwheel, a warming house by the free skating area and neighborhood park facilities on the western end of the park past the power line easement. Mr. Heaver stated he was comfortable with the preferred design, which he felt met the needs of the neighbors. Kullander stated that this concept has what the , ballplayers want, yet provides open areas for general use, soccer and skating. Kullander stated that Barton-Aschman would prepare final sketches for presentation at the December 4, 1990 City Council meeting, that Council would review it and provide direction to the Commission so that the Commission could approve final plans at their December 11, 1990 meeting. ADJOIIRN There being no further business the Parks and Recreation Commission adjourned to their regular December meeting. Respectfully submitted, Kevin Batchelder Administrative Assistant �► LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL December 4, 1990 General Contractors Licenses L. H. Bolduc Co., Inc. Wooddale Builders, Inc. Masonry Licenses Mrozik Const., Inc. 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CITY OF MENDOTA HEIGHTS MEMO November 26, 1990 TO: Mayor, City Council and City Adminis�.��4;�� FROM: James E. Danie o Public Works D or SUBJECT: Heussner Alley Vacation File No. 8708 DISCUSSION• Recently Mr. Gregg Quail, a local contractor, approached the City to obtain a building permit to convert an existing three season porch into a heated living space and replace the three season porch at a different location. He was representing Mr. and Mrs. Ralph Huessner, 654 ist Avenue. Initially our building inspectors noticed that the Heussner's had an existing garage that encroached on a platted alley. They denied the permit because they felt that the alley encroachment put the property in an existing non-conforming status that could not be expanded. In a meeting with the planner and staff it was later determined that only the existing garage was non-conforming and that the building permit to improve the home could be issued. Although he does not now have to have the alley vacated in order to complete his house remodeling, Mr. Huessner would still like to vacate the alley so that his garage will be on his own property (see attached map�. Staff has also encountered some problems with the alley, area residents have insisted the City remove some trees within this same alley further west. The City does not intend to ever use the alley and we suggest that the entire length be vacated, subject to a drainage and utility easement (for NSP). , RECOMMENDATION• Staff recommends that located within Block 7, of to a drainage and utility ACTION RE4UIRED:' Council vacate the 20 foot wide alley T.T. Smith's Subdivision No. 3 subject easement. Conduct the public hearing have been notified) and then if Huessner's request and staff's motion adopting Resolution No. VACATION OF AN ALLEY. JED: dfw (all abutting property owners Council desires to implement Mr. recommendation they should pass a 90- , RESOLUTION APPROVING � ] � � :✓! �,�, � M��r ► ! r • � ��-•� �rn�"*�" �R , � , � • ~ � �, t �� � ������ 1� . � „� ��' r�I�►��• � �"' � � . W-� � . � � � �iir ����r rr.� wa�t.�r� .� , � r� � ��¢� +li� �� .,. s � � � � ,�s � � �� t ��� ! � * ! '� -� � � � 4i � � , ' �� . � ,..�.� � . �� ,.. ��� 4 � ��i. �Y �� � y . y� �" ,� � � ,�� � � �' :� �� � ,,,� �-� �►-- ► ..�.� � � L- - � � � ,. „ . , , . ,� ,/,! * � �� " ■�� � � � ► , �,►., �i��,,� ,�,=�.!� ■ � �, � � �� � . , I I'� � � � �� � � :� ., .���� . . �i � . �� +� ■ . � �� a�"� . ► � . � �� ��� _ . � '� � ! � i � ,� . � ��• � � 4r � � .� !• �� ♦ � ii r - � �� * � � ' ;, � . / `3 �C '�v /� (� LOGO %raN � �v; i pr NG �' � � � � _.0--- 6 _ � �� i . � � v � -�--� �� c � � � � �.�� ' � � � .N — — — ��y_� ��,v,� ���-- �` _ - - �N�--�,,.,Q�z -- -- --.- --. .-- --� � -- � � --------a � � . L f_'�r� nn�...�-• _ City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 90- RESOLUTION APPROVING VACATION OF AN ALLEY WHEREAS, the City of Mendota Heights is the current record owner of a alley as described as follows; That part of the following described property situated in Dakota County, Minnesota: That part of the recorded plat T.T. Smiths Subdivision No. 3 originally dedicated as an alley in Block 7 of the above men- tioned plat. and < � WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable Minne- sota Statutes; and • WHEREAS, a public hearing was held on said vacation on December 4,1990 at 7:45 o'clock P.M. or as soon as possible thereafter, at the City Hall of the City of Mendota Heights; and WHEREAS, the City Council then proceeded to hear all persons interest- ed in said vacation and all persons were afforded an opportunity to -present their views and objections to the granting of said petition. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the alley described above, situated in the City of Mendota Heights, is in the best interest of the public and the City, and is not detrimental to the health, safety and welfare of the community. 2. That the above described street right-of-way be and the same is hereby vacated reserving from said vacation a utility easement over, under and across the full extent of the herein described alley, for drainage and utility purposes. 3. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials a notice of completion of these vacation proceedings, all in accordance with the applicable Minnesota Statutes. That in accordance with said resolution, said vacation proceedings have been completed. Adopted by the City Council of the City of Mendota Heights this 4th day of December, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E, Mertensotto, Mayor A'rTEST : Kathleen M. Swanson, City Clerk �t' = '� CITY OF MENDOTA HEIGHTS MEMO November 30, 1990 TO: Mayor, City Council and City Adminis�r FROM:• Klayton H. Eckles �� Civil Engineer SUBJECT: Glenhill Road Reconstruction Job No. 8310 DI5CUSSION• Council directed staff to notify the neighborhood of the two options for reconstructing Glenhill Road. Attached is a copy of the letter I sent to the residents along Glenhill Road and Culli- gan Lane. Twenty-eight letters were sent out and to date there have been no comments on the cul-de-sac or through street option. RECOMMENDATION• Staff recommends Council publicly discuss the two options for Glenhill Road. ACTION REQUIRED: After discussing the two options for Glenhill Road, Council should direct staff to prepare a resolution for Council approval at a future meeting. KHE:dfw t - •'�t November 21, 1990 Subject: Mendota Interchange Project Job No. 8310 Dear Property Owner: This letter is in regard to your property which lies in the Glenhill Road/Culligan Lane Neighborhood in Mendota Heights. The Minnesota Department of Transportation (Mn/Dot) intends to reconstruct Highway 110 and the intersection of . the Victoria Curve Frontage Road and Glenhill Road�The intended realignment would change the traffic patterns in your neighborhood. Therefore, the City would like your input on the proposed change. The proposed change would mean the elimination of the connection of Glenhill Road to the Frontage Road. Instead a cul-de-sac would be constructed on the end of Glenhill, so there would no longer be access to Victoria Curve. You would gain access to your property by way of Culligan Lane. This would also reduce the amount of thru-traffic in your neighborhood. Eliminating one access point to the neighborhood would eliminate some thru traffic in the area, but would also mean Culligan Lane would be the only way in and out. The attached drawing shows the cud-de-sac and the old Mn/Dot prop�sal involving a� ��S" curve. This project would be constructed in 1992-93. There ` would be little or no disturbance to your property. If you have any questions or concerns please call me at 452-1850. The City Council will consider the Mn/DOT proposal at their December 4th meeting. Any input from you at or before the meeting would be very helpful. You are invited to attend the meeting to voice your preferences or concerns. Sincerely, . . �ti� -• Klayton H. Eckles, P.E. Civil Engineer Attachment V�Rc�NicA � EN N1L1. R4AC? R�A!-1GNM�NT . � ti. 'I � ���� G�ou.�d' -�� �� l-�.�'� : -.�;z ��, < � �,���� ������e�.�./ The Gavins G�/�''/� � 1199 Culligan Lane `�� ���' /�,f� , �c%� Mendota Heights, Minnesota , 55118 <.�°������ (612) 687-0271 Fax: 683-9411 December 2, 1990 City of Mendota Heights C/O Klayton H. Eckles, P.E. 1101 Victoria Curve Mendota Heights, MN 55118 Charles Janet Carl John Burt Joe Christine RE: Mendota Interchange Project Job No. 8310 Mertensotto Blesener Cummings, III Hartmann Anderson Smith Koch We are deeply disturbed about these proposed changes. We live at the crest of the hill on Culligan Lane and, as the parents of three young children (ages 6,4 and 1), we already are very concerned about the traffic on Culligan Lane. It's our opinion that the proposed change will make our street less safe. The entire neighborhood is home to many young children, many of whom use Culligan Lane for biking, walking and playing. Increased traffic jeopardizes their ability to use Culligan Lane safely. Indeed, an increase in trafficlon Culligan Lane means an increase in traffic on Hunter Lane, another street used by many young children. In our opinion, both Culligan and Hunter lanes are unsafe now because the grades on the hills make them "blind" to all but the most cautious motorist. Couple that physical fact with the large number of children in our neighborhood -- we estimate it conservatively at 40 children under age 11 -- and we hope you'l1 understand our concern.. These children ride their bicycles, walk and play on both Culligan and Hunter, neither of which have pathways or sidewalks. We believe a deliberate move to increase traffic on these lanes is extremely unwise and potentially dangerous. We also question whether there aren't too many homes and lots in this area to support only one access point. From Lexington Avenue, our neighborhood currently is accessible via either Orchard Lane or Victoria Curve. In the less than two years we have lived here, there have been a number of occasions when access via Orchard was closed. Fortunately, Victoria Curve was open. Your proposal calls for Culligan Lane to be the only access to this area. If it were to be 2 rt closed for some reason, access would be extremely difficult -- not only for homeowners and their guests, but for emergency vehicles, as well. Furthermore, the reason for this costly change is unclear. The current traffic system appears to satisfy the needs of the neighborhood. The memorandum from Mr. Eckles states that the purpose of the change is to "eliminate some through traffic in the area." To our knowledge, the streets here are used primarily by the residents and their guests. To the extent that the change eliminates traffic on the west end of Victoria Curve, it increases traffic on Culligan and Hunter, and, as Mr. Eckles notes, leaves only one access into our neighborhood. As stated earlier, the benefits of these changes are not readily apparent. We think it unreasonable, unwise, and unsafe to make Culligan Lane the only access point to this area. The following of our neighbors feel similarly. They've signed this document to show their support for preventing the proposed Mn/Dot changes from being implemented. We hope you will give our viewpoints strong consideration in this important matter. Sincerely, E O'�'r� �,�,+`t�-- � � 17�—_ Tom Gavin Sara in ����h� �- ��`e�i� � � ��� �2v� ����� j�� L �� v a— C�-e :, ���{r� H�,���ev l.�:t�� � � �( �i � � — � (�.c� cc�;av, ' � `f' ��.,�� �--,, � .�,���� , ���. � t f � "J L Sf .�r�e.. �,. �. �� �,,�, � �7 � �� �- f �c�. - ('�� �..� �...��°�e� ���,,.�.� ��r�o ��ti�� �� .ti� r , ,� �� �. �,�ffo � -� � . . � ����� tr'. � � ' f�'l�!%��� . � , ..., _ ��_ � . �, � i , _ iv , _ , � '4 . * Addendum to signature by Richard Swanson: This signature was given on the basis of the letter sent by Mr. Eckles on November 21. It was understood from this letter that the decision was to either create a cul-de-sac at the end of Glenhill, or to leave the road intact. It has since come to light that there may be other proposed changes to the road system in our neighborhood. At a minimum, my signature suggests that there has not been enough information and represents my desire for more information on the plans under consideration for our neighborhood. I also ask that no decision be made tonight without full disclosure of all plans under consideration for the roadways in our neighborhood, so that an informed decision can be made. �L�c��������� �'��o�G '����r��� .'l`�� . .� .9?` . .:Transportation Center 1i45 Medallion Drive Mendota Heights, Minnesata 5512Q (612} 681-2332 Charles Mertensotto December 3, 199Q Mendata Hei�hts Ci,ty Counci.l II01 �Vi.ctaria Curve Mendota Heights, 1V.IN SSI.I$ Re Victoria Curve Access to Glenhill Road ; Lad'zes and Gentlemen of the Czty Counczl: School. District bus rautes currently serve sixteen students residing in the Glenhill Road/Culligan Lane area who attend th,ree pu6lic schools and one nan-public school in the district. Bus stops for all of these students are at ttie Glenhill Road/Culligan Lane intersectian. � Victoria Curve and Culizgan Lane afford excellent drive through access to this azea and we suppart continuation of such. In the ever�t access is restzicted to Culligan Lane only, busin� alternatives wili be to making "turnaraund" bus stops at Cuiligan and Glenhzil (passzble, but not desirabl� fram a safety pointj or, movin� the stops to the I�unter and Cul�igan Lanes intersection. � ; Your favorable consideratian in retaining the Victoria Curve access ta Glenfiill Road will be very much appreciated. Sincerely, �� Axnald E. Swanson Supervi.sor of Transportation � "WE AR� A MEMBER QF AiV EQUAL OPPOR7UNlTY COMMUNliY" ��. CITY OF MENDOTA HEIGHTS f� , DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 90 - i � RESOLUTION APPROVING FINAL 1990 TAX LEVY COLLECTIBLE IN 1991 � � 1 ' i - WHEREAS, the City has previously adopted a Tentative Tax Levy Resolution No. 90-56 which was subject to revision at the time of the public hearing, and WHEREAS, the City has conducted a public hearing on December 4, 1990, on the tentative budget tax levy. NOW THEREFORE BE IT RESOLVED that the City Council amend Resolution No. 90-56 to reflect adoption of the following levy for tax against all taxable property in the City of Mendota Heights for collection in the year 1991. General Fund ' � � Emergency Prep. Fire Relie`f Infra Structure Res. Watershed District Equip. Cert. Levy Subject to Limitation Special Debt Levies Park Bonds MWCC Debt Improvement Bonds Equipment Cert. Total Special Levy � Total Levy $1,883,590 1,500 12,650 50,000 20,000 98,188 $2,065,928 $ 180,000 30,000 17,400 63,812 $ 291,212 $2,357,140 The Clerk is hereby instructed to transmit a certified copy of this resolution to the Dakota County Auditor. Adopted by the City Council of the City of Mendota Heights this 6th day of December, 1990. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk i� �y RESIDENTS OF MENDOTA HEIGHTS: We want to thank you for your interest in the proposed City tax levy for 1991 and the Budget. The Notice of Tentative Tax Levy, which you have received, calls for a potential levy of $2,444,920 or an increase of some 13.8 percent. I believe the tentative levy is a bit misleading and, I will try to e�lain the mechanics which make up the levy. Under the Truth and Taxation Law, the City must establish a tentative levy in August, some two months earlier than usual, and before many of the budget elements can be determined. As a result, the City has approved a maximum levy set up at our legal levy limit. Once set, the tentative levy cannot be increased. At the present time, the Council budget under consideration would require a levy of some $87, 000 less than the notice, an increase of 9. 8 percent. The levy is made up of two segments, one is the special levies for debt service and the other for general City operations. The levy for debt service in 1991 shows a major increase of some $125,000 which represents the first installment on the Park Bond Issue approved in 1989. Each of the next two years will also show increases for the Park Bonds as the balance of the bonds are issued. The levy for general City operations is expected to increase about $75,000. On a percentage basis, this is four percent over the 1990 levy. The proposed budget is pretty much a status quo budget, with increases in very few areas. As a service type organization, our personal service costs are some $1,460,000 or about 57 percent of our total budget. No new personnel are budgeted for 1991. Based on the projected budget, the 9.8 percent increase will be spread over a larger tax base which has grown between four and five percent. .The City levy represents only 18 percent of your total tax bill, and if your home value has not increased, the proposed tax le�y increase will be in the four to six percent range for City taxes. ° The County levy represents about 25 percent of your total tax bill while the School represents 55 percent. Metro agencies comprise the balance of the levy. We do not expect that the City levy will amount to a significant increase for homes that have not had an increase in market value. In addition to the City general operations, we operate two Enterprise Funds. The Engineering Fund is financed by charges for City improvements and services which are paid by new developers and as charges against new construction. The Sewer Fund is financed through the quarterly sewer bills. These rates have remained unchanged since 1987 and no increase is planned for 1991. The primary expense of the Sewer Fund is the charge by the Metropolitan Waste Control Commission (MWCC) for treatment of our sewer. If these charges continue to increase in the future, we can expect sewer rate increases in the years 1992 or later. � I hope that this will help you better understand the City tax levy which will be considered at the December 4th City Council meeting. We appreciate your concern. If you have specific questions on operations please give us a call or come complete copy of the Budget is available fo and we will have summaries available at the f � the City Budget or to the meeting. A r review at City Hall, meeting. CITY OF MENDOTA HEIGHTS MEMO i � i November 28, 1990 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works Director � Kevin Batchelder, Administrative Assistan SUBJECT: CASE NO. 90-43: Centre Pointe Medical Clinic - Sign Variance DISCUSSION Ms. Sue Zwirner attended the November Planning Commission meeting to request the variances needed to allow Centre Pointe Medical Center install a temporary banner on their roof (see attached staff inemos). , RECOMMENDATION The Planning Commission voted unanimously to recommend approval of the variance to allow the banner. ACTION REOUIRED If Council desires to implement the Planning Commission's recommendation, they should pass a motion approving variances allowing a seventy-five (75) square foot sign area and allowing the sign to be mounted on the roof (for a period not to exceed three months). JED/KLB:kkb TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS MEMO Planning Commission November 21, 1990 James E. Danielson, Public Works Director Kevin Batchelder, Administrative Assistan� CASE NO. 90-43: Centre Pointe Medical Clinic - Sign Variance DISCIISSION ti Centre Pointe Medical Clinic, located across the highway from City Hall, recently installed a roof top banner advertising their business. The Clinic is a relatively new endeavor in the City and they are having trouble establishing their business, they feel that they need a banner installed on their roof to alert nearby residents of their location. Roof top signs are prohibited within the City's Zoning Ordinance and the Clinic was directed to remove the banner and to meet with Planner Malloy if they desired to pursue a variance to have it replaced. In their meeting with Planner Malloy, they informed him that they felt it would be very beneficial to their business if they could replace the banner. Planner Malloy felt that if they would display the sign only for a limited time (the Ordinance allows up to three months for temporary signs) that the City could favorably consider their request. ACTION REOIIIRED Review the proposal with the applicant and make a recommendation to the City Council on the following two variances: 1. Seventy-five (75) square feet of sign area (Twenty-five (25) square feet allowed) 2. Sign to be mounted on the roof NOTE: The applicant will bring a sample of their proposed banner to the meeting. , x ; � � } � . . �' { - PLANNING REPORT UATE: CASE NUMBER: APPLICANT: f 1 LOCATION: 27 November 1990 • � �� Sue Zwirner for Pointe Medical Clinic 1150 Highway 110 Ce ntre ACTION RE�UESTED: Sign Variance � PLANNING CONSIDERATIONS: .� i 1. The applicant; wishes to place a temporary banner-type sign on the Centre Pointe Medical Clinic Building located south of Highway 110. The sign has 'already been made and was displayed on the building until it was discovered that the applica�t did not have a permit for it. The sign is basically a banner approximately 18 i�ches high with characters that are about 12 inches wide. The banner is to be hung in two lines -- the top line reading "NOW OPEN IMMEDIATE CARE" and the second line reading "FAMILY PRACTICE". The banner cloth is blue and the letters are white. Many of you may have seen it before it was taken down. i 2. The Clinic has recently opened an immediate care facility within the building that offers medical treatment for those ailments requiring prompt attention, but not necessarily emergency hospital care. The nature of this service requires that people be very familiar with its location. The City recently approved a sign variance to ailow a second freestanding business sign on this property. The purpose of that sign was to indicate the location of the e�try drive to insure that people did not miss �the facility as they arrive. The previously approved sign has been installed. The purpose of the proposed temporary banner is to announce the �location of the facility during the crucial first few months of operation. � The sign would be attached to the screen fence that hides the rooftop equipment on top of the building. i � The Sign Section of the Ordinance permits temporary signs for a period of three months. These signs are limited to a maximum surface area of 25 square face feet. The proposed sign is roughly 60 square feet in area. Therefore, the variance would be to allow the additional 35 square feet o� surface area. 3. The Clinic Building is set back relatively far from Highway 110, which is the roadway that offers the best exposure for the clinic in terms of making people aware of its location. While the existing freestanding sign is visible� from the Highway, it is far enough off the roadway that if you are not looking for it, you could miss it. This sign may be adequately once the public knows the clinic and what services they offer. � Centre Poi�te Clinic, Case No. 90-43 Page 2 4. In the past, the City has allowed temporary banners for businesses and buildings that are opening or attempting to lease vacant space. The primary concern with signs is always the aesthetic impact on the community. This is particularly true with this sign since it will be located on the roof of the structure. The Mendota Heights Ordinance does not permit permanent rooftop signage. However, in light of the nature of this use, we believe it would be reasonable to allow the proposed sign on a temporary basis only. f �j � { � � ti?;�-c -KUrJK � — . . . - !-+IGHWAY NO IIQ � �Y �I G H T 0 F V4���,Y P -- LAT 0.9 2 =' �r �• • 'i '� :/..c.. r.5 � ��c�c . o:, E L�' S(o ! c �'S' 4 7a.cwG.�y � , i - �/�J6 yp - - - • ii� ` O/L•Y.".J '��C�C Ooo�f (o L �l if � �f6L .B — _ - - _ ' ' °��.;L I 1006� : - -53=9 � 6 lOLa9 Q m G:y�a�5a s •r Q ,�n P / � �' w N J S� ; � o =T v � •v . Q ' z w �, }�"' Z ( z SUBJECT;� � � PROPERTY - 2 ; � ;� J " � D ' j � w f� � 1 1.� ' � � 1 � Z ; NORTH ; ,,� • I SCALE: 7 "=200' ; U i ? '. � � � i52.32 rveq'i�'�9"E _ .' _ _�:i9B4.B6 ��: ... • . .. � {:: -�9?. �}' } :j;��.`•�3�'Q:i i �. ::�;: � �-: c �: : '�:•: :•:•: '•'�:�'•:•'-:�: � �I�.:� � �I•. � ::: i ,•::`:: ��: �' '�d �: 52 3��� N 6 i5 t9 E•. J� 0 i CENTRE : �p �f f � � a .+ Q P Q ^. J L a N1 G !�Y I �G .� y / . �/ � .n i 9� 30 36-' R°ZT89.79__ S9 � µ:ec:: �2 `' .a6j.05- -�= 3�a 48 yJO I� o � O I i � . t3� �r�" -_ _1 03p5 a1:� p:6 27 3� 09 6 • ' �c � / Bo _ q_,9 6'� S�. � -:.:i''f `�. . 29e3z R, m 9e e9 ���OUTLOT A _ .>9 . a` p�e �� 31 ,i 9� � W � 3 ' ,y2A�o t�S. ��Ojs/'�, �p��g9 h n I �1 � O e� 9 tQ � I �•���� "�2 p. '�I/1 J� Q_ 3% 9 Y b pM ��, ,'�_ .�� F� e os�,, a I ':O � 4 c^ �• a O Ssr �'1 I N. -�aQ c ° R'� R:26 � � O :• i :�,,q j G, 0 �C n I e _ I �'1 68.08 N89' �5� �9 E! .. 5.. 6 O Ii992 � N -- �SBQO • 59 �5 �9 w- -. . I 1 / I PAR T F LOT 1 ' � .� i � � AU OR' S SU BDIVI�ION J ` �� � . ^JO �4, MENDOTA � � � � / ru99� �5� �9`E �88!Y� .g�=� OINTE s DRIV E � ' - ,=55 � p:)6� 2� • z�a` <SO C`0 -06c9 ^' Z' ✓ ` la " , > y a50 i ��c,t�—r- Lo-�` S V o � o '' J � fl a•'c� -- -----•-• • , . . .....__ .._. . . ......- --- - - ----- - -..^.___--- • , ..•. . � • '�""'::�� - - - -- - J- '4!`'1'FiE:^ ` . _ ... _ ....... .. . ....... „ .. ._ . . .. ; ' ;» • ' •--".-*-..-:..: "'.� : t• ��.+•� _.r_ . . R�/Y�:.: , � a %'1 �v. � :,._�� ..+C�++l�V� i n;�y1rY;'. !na!).. � . -:Ti -�. ' � ` 0 Healt���ast �C; November 19, 1990 De�r Neighbors, 559 Capitol Boulevard St. Paul, Mtd 55103 612-221-2200 Hea.lth�;ast has recent].y apened two medical operations lor_ated in Cen�re Poin�e Medic�.l Clinic. We £eel that these operati.ons, Haaltheast Tmmediate Care and Centre Poir.te Pri�cary Care, � wi1.�. greatly bensfit ti�� commun3ty. Ir� orde� ti to annaunee o�r arxival, we have r�gne�ted Fermission irotn the cit�r tv put a teu�gorar�r clot�� b�nner an our raaf . The banner will read "N+DW OPEN IMMEDIATE CARE, FAMTLY . PRACTICE". For those o£ yau who have no rrbjections �a this ba*�ner, we ask that you sign �his let�er. The banner wiil be disglayed ror three months. Thank you for your h�1.p in tha.s matter. 5ineerely, . � Sue E. Zwirner Cen�re Pointe Clinic Manager� � 1�//.�' �' r�� � jp�rd �e � I�Y- �.�.�-��C;:i�' ff - .��'�'�rP v�Q r� p . �' .�,.�.�..� �.�.� r �'' � ;-�r f���, ' ;�.�-�.- �'.��-� �� �'�' . c' i a � C ity o� .�.,� .• 1Viendota Heights Applicant Name: _ � Address: �'"lS'D .: APPLICATION FOR CONSIDERATION � OF PLANNING REQUEST ' Case Na — -7"� � Date of A lication / G'�'� ���'� �,�,� ee Paid �kici. � i�'� y . _,_ _ _ _ . (I.ast) I .�� (Number & (City) (State) (Zip) Owner Name: .U/ A Tiy � � ,u.� r .Q•� �r.4� i � - . - _ (Last) � (F'ust) � (1v� � _ Address: (Number & Street) � � (City) (State) � (Zip) Street I.ocation of Property in Question: �,�1�� . Legal I3escription of Property: Z�pe of Requesi: Rezoning Conditional Use Permit - Cainditional Use Permit for P.0 D. Plan Approval � Comprehensive Plan Amendment �_ Variance ��t r� Subdivision Ap�iro al Vfteflands Peimit Other (auach explanation) Applicable (�ity Ordinance Numbe � �( % . Section _ � � � v / / � � i$, 7 L� � . Present Zoni.ng of ProPertY�.lL� Present Use � I �I /1�.1�% Proposed Zoning of Property , �� Proposed Use 1 t I hereby declare that all statements made in this regiiest and o the addirional material are tnie. • Signature o pplicant) . 1;/�/�G (Date) . (Received by - Tide) 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 C ity o� .... �. � 1Viendota Heights November 29, 1990 Ms. Sue Zwirner Centre Pointe Medical Clinic 1150 Highway 110 Mendota Heights, MN 55118 Dear Ms. Zwirner: Your application for �C 5 t �c�.�-�u.tnt�S will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, ,(�.�G . L( , �� q p 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 U�n.a��w�o�S l� � 0..A a r'o v e re.a � rP S�i-�.�% V ci.rt aV� C!L S 'f'o ct �� o c.r� 'Cb o't� �"h n 5' ����o�c" �J M Q✓��5 C� T �� 5�? , t' T. If you have any questions, please feel free to contact me. Sincerely, �:�1r- �� Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria Curve • 1Vlendota Heights, 1ViN • 55118 452 • 1850 .• � C ity �� .1. � � 11 1Viendota Heights November 23, 1990 Ms. Sue Zwirner Centre Pointe Medical Clinic 1150 Highway 110 Mendota Heights, MN 55118 Dear Ms. Zwirner: Your application for a�� ti V'o`,v-«v�, will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, �pv• 27 The Planning Commission meeting starts at 7:30 o'clockti�.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, ��� �j Kevin Batchelder Administrative Assistant � : . 1101 Victoria Curve -1Viendota Heights, 1ViN - 55118 452 • 1850 CITY OF MENDOTA HEIGHTS MEMO November 28, 1990 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works Direc Kevin Batchelder, Administrative Assist n/�,� SUBJECT: CASE NO. 90-41: Callahan - Wetlands Permit DISCUSSION Mr. Callahan, of 1851 Warrior Drive, appeared before the Planning Commission at their November meeting and presented his request for a Wetlands Permit to leave a constructed shed in place approximately twenty five feet (25') from the edge of the Wetlands at Warrior Pond (see attached staff inemos and plans). At the meeting, the applicant presented signatures of consent from all his contiguous neighbors, except for Mr. Roy LaPean. Mr. Russ Wahl contacted City Hall in advance of the meeting, on behalf of Mr. LaPean, requesting that the City conduct a public hearing to consider this Wetlands Permit. Mr. LaPean was present at the meeting and stated that he had no objection to the shed itself, but did object to its intrusion on the Wetlands setback. RECOMMENDATION The Planning Commission voted unanimously to waive the requirement for a public hearing. The Planning Commission voted unanimously to recommend that City Council approve the granting of a Wetlands Permit to allow the Callahan's storage shed to remain in place as constructed subject to the applicant planting a shrubbery screen. ACTION REOIIIRED If the City Council desires to implement the Planning Commission recommendation, they should pass a motion granting a Wetlands Permit allowing the storage shed to remain in place as constructed subject to the applicant planting a shrubbery screen. NOTE: For Council's information, during his presentation to the Planning Commission, Mr. LaPean complained about the City's policy of making applicants obtain signatures of consent from contiguous neighbors. He felt that having neighbors get those signatures, puts them in a difficult position. If they don't sign, they are bad neighbors and he felt "intimidated" by the process. He suggested that City staff send out notice and receive the signatures of consent. -� '`'� . �. •. .. �• . � _ .. ',• . ... . ' . . . .. . . . •; . _ ..• . ..' • : .. TO: FROM: SUBJECT: DISCUSSION CITY OF MENDOTA HEIGHTS MEMO November 20, 1990 Planning Commission ' James E. Danielson, Public Works Di �� Kevin Batchelder, Administrative Assis �� CASE NO. 90-41: Callahan - Wetlands Permit Ms. Nan Callahan, of 1851 Warrior Drive, constructed an accessory structure (storage shedj within the one hundred foot wetlands boundary without a building permit or a Wetlands Permit. After the building was constructed, staff received an anonymous call informing us of the structure. When contacted by City Code Enforcement Officer Dick Gill, Ms. Callahan scheduled a meeting with City Planner Malloy and submitted the attached letter of intent and site plan. In the case of a single family home, the Planning Commission normally waives the requirement for a public hearing when signatures of consent are obtained from immediate neighbors. Ms. Callahan has obtained signatures from all her contiguous neighbors, with one exception. ACTION REOIIIRED The Planning Commission needs to consider the waiving of the public hearing. Should the Planning Commission waive the public hearing, they then need to make a recommendation to the City Council concerning the request to allow the utility shed to remain in place as constructed. JED/KLB:kkb A PLANNING REPORT DATE: CASE NUMBER: APPLICANT: LOCATION: ACTION REOUESTED: PLANNING CONSIDERATIONS: 27 November 1990 90-41 Nan L. Callahan 1851 Warrior Drive Wetlands Permit 1. The applicant has co�structed an S-foot by 12-foot utility shed on her property at 1851 Warrior Drive. The property is the northernmost lot of the six lots that were platted on the east side of Warrior Pond. All of these lots are within the wetland area regulated by the City's Wetland Ordinance. The Wetland Ordinance requires a permit for the construction or alteration of any structure within 100 feet of the normal high water mark of a designated wetland. The City was made aware of the structure by an adjacent neighbor after it was already built. This neighbor has expressed disapproval of the shed and has not signed the applicant's letter requesti�g signatures of consent from the surrounding neighbors. The rest of the adjacent land owners have signed the letter. 2. The shed is located within 40 feet of the existing water line and within 7 feet of the side lot line. The Ordinance permits accessory structures within 5 feet of a side or rear lot line. 3. Section 7 of the Wetlands Ordinance Lists 23 standards that must be satisfied before a permit can be issued. The first five of these standards deal with dredging or earthwork. The amount and type of earthwork associated with the type of shed built on the subject property would not be inconsistent with these siandards. Generally the standards that deal with structures of this type are concerned with runoff, flood damage, removal of vegetation, and soil erosion during construction. Since the structure is not located on a portion of the property that was not previously vegetated, there is no concern regarding vegetation. The ordinance requires the lowest floor of all structures to be 3 feet above the highest known water level of the pond. I am unable to determine from the applicants sketch whether the shed meets this requirement. However, since this is no� an occupied structure and does not contain any plumbing, the concern regarding the first floor elevation is minimal. 4. With respect to the standards for runoff and erosion, the structure is so small it would result in no significant increase in runoff. Since the structure is already built a�d the turf is reestablished around it, there is no co�cern for erosion. The primary concern here is one of whether the shed represents a significant impact to the aesthetic environment. I have seen pictures of the structure. It is a typicaE prefabricated storage shed. One Nan Callahan, Case No. 90-41 Page 2 suggestion that may improve how the structure blends i� with the surrou�ding area, particularly as seen form the adjacent property where the owner has expressed dissatisfaction, would be to screen the shed with landscaping so that it is no longer visible for the adjacent property. We believe ihat with appropriate screening the shed would not be a detrimental addition to the environment surrounding the pond. . , ' (� `Zr MA21 E — — — AV E. — — a zoi ZoZ 2eZ ZOZ Zo7_ ZSo Zroq� ' ' � 1 a `'� �,. 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'' , , 1 � (f ' ' •.—� i ~ � _ , � U H• R Y � � �I�\ . . .. !. . ._. . - 5�1 _ CL� - • _ [.. ..sft'i �\� • . � - - -_-:_ - /L---• „- --' \� •��•'•;. . _,� � r- � . �- . ___.,-__—�/� ii' ' - - - - —_ -- - --_ t - `.I '�'� ' _' . � , �—_ = _-- -=-�--�_.- - ,� �--�-- -�:.��_— �—_ - - •-----� �s •. j —� �� � — �_J � =_ _—' _— _._' - .__;" ' ' ' � ___� `' ' L. O� `e n � - — - --- ---_" -- ---�— � -• •• •' ' / �P � I/ �► ` R N � I • ; ' � i! t O• . - --p��-,_ ._ --� .�--�-• - - .i•�� � � ` . i �.' I (' �, '--ret� �gNE � i . \ •j (@ I • � � r. � , � � � _ I • i - - -- ---•— •-- -- -- � I I �, . 1 � � !-- - � I :1, L` � . L '� ' n: � ; - � � I �� ._ -_�- � i. � � . � ; .�-- �, . i_ � " �;1 DODGE `-• i NniuRE `_� CENiE.7 � ' ^^-^�'"'� � • ■' l —'—' 4 —•---------- I \ �„� ; '---- • � . _--•. � r � �I � � � � r \L � \ _ _: •~` � • _ ,� �.�J� ' ,�, : .,• 3 \• } _ `,\ �� l `V�J�-Y _\� -_� N • • �� e � . - - �oz: :� � ---� ,'i•x;• .��• \ � , \� -� _� � :, • � � "' . r a � � L!') .� \�Y Ji � : ` � i , � � I, } • .�•�� ` i � f\ I Q �-,: ; ,, J � -- .3 :.� . � - � � - %-- �.��.,,�. __ � � � _'� � . . . � � , - - -- -- - --�--- - ---- � _ �-! `t----�--..._._._ 0 ZETTER OF INTENT To: Ntendota Heights Planning Commission and City Council. Re: Request by Dennis and Nan Callahan for a we�lands permit. On October 2, we had a utility shed constructed in out back- yard. We were told by the man we had hired to do the cement slab� that he would obtain a building permit from the c�ty. We assumed he would follow the proper procedure in obtaining the permit� but apparently he did not. We were also unaware that we needed a wetlands permit to have this constructed, until Mr. Dick Gill came to our home on October �. He informed us at that time that we were in violation of the city ordinance in placing a permanent structure closer than 100 feet to the pond in our backyard. We hereby request your approval for a wetlands permit for the building constructed on our property. Respectfully submitted, � �- �• �-�.�-.-�, ����:'�� Uennis and � Callahan C ity o� .�.1 �. � 1Viendota i-Ieights Applicant Name: Address: APPLICATION FOR CONSIDERATION OF PLAN1vtING REQ�TEST Case No. � �-� � Date of Application �C� '_ �� ! I C� , 1 1�'-I (� Fee Paid I �1 C7� �['�_� � �.�.a..l�v ,-Es�--- �jQ.(1 L- , PH: �� % `�! I � L� (Last) (F"ust) (Mn (Number & Street) (City) (Zip) .� OwnerName: jd � (� L1,rA /�,C�.ctii L. , (Last) (F'ust) (ivIl) � Address: (Number & Street) �U 55�1 s� � t d 0 i'C�_ �F-t `�J -`t . J� T 1 8 1 �,� �. � (City) (Sta t(Zip) Street Location of Property in Question: !�'`J- � ���C��� Y�� !. �Y' ��(r , Legal Description of Property: Type of Request: Rezoning Conditional Use Pemut � . Conditional Use Permit for P.0 D. Plan Approval � Comprehensive Plan Amendment Applicable City,Ordinance Number Preserit Zoning of Properry Present Use Proposed Zoning of Property � Proposed Use Variance Subdivision Approval . _� Wedands Permit Other (attach explanation) Section I hereby declare that all statements made in this request and on the additional material are true. C�.c� � . i� ,. � � c.��.� � (Signature of Applicant) . �c�--1���, � �, r� � � (Date) � '� ,��� �? � - (Received by - Title) 1101 Victoria Curve -1Viendota Heights, 1ViN • 55118 452 • 1850 I, the undersigned, do hereby give my approval and have no concerns in regards to the issuance of a wetlands permit to Dennis and Nan Callahan for the purpose of construction of a utility shed in their backyard. - �` 11 �N •r �•: r,., � r�_ .. , ..�: j �•. �.. . . .. f�5: :r:: �[f �Jj (� '1�t �cf i�-C � � ��.�-� ,c.,a.-2—�-�� J � CJ` C✓c- �'% � f'�j �/ d r'"'� ,,�.'�t..�.�. �',--a' �^�,-z-2� ��'�~�- --� �u�C...�-�c�-�.. � , l��ti.�- � G�-�l ,,�;+.��� G",���,�--� �'``'" -� ��t�u ,/��--��-�.�c..l��.- ,t:�-�J-Ja�� . . � ,r f ��,Nl�.--s�C.,_.- � <�-�--��--�... /�`�—c..`,'t''C�: , . . �. �J . r 0 � C' '� " %.�,t,,.z-.a�.._. � ,./L�! � �-�Z.�' : ' 1 � . November 27, 1990 Planning Commission Village of Mendota Heights, Mn Re: Callahan Petition to Maintain Shed on their property: Our property is directly behind the Dennis Callahan property, on which they have constructed a shed to house their gardening equipment. We in no way find it objectionable, nor do we feel it obstructs any wild habitat in the area. We find the timbers also not a problem, these were put there to raise the beds to prevent the garden from standing in water. �e have main- tained this area for the past 32 years and are happy that someone has taken an intrest in keeping this up. The Callahans in each case have discussed their plans with us in case we would feel opposed to this type of structure. We are in hopes that the Commission will not base their decision on one dissenting vote. Respec'tfully �yours , _ ���✓� ` C� r r/a��` ���.e�,� � The Paul Binek's � C ity o� .1.. , � 1Viendota Heights November 29, 1990 Ms. Nan Callahan 1851 Warrior Drive Mendota Heights, MN 55118 Dear Ms. Callahan: Your application for a We k la.�..5 �.ec-w� �'f" will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, �eG, y, ��� o 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 .}�1,.a-4 c� W e�lc��S P�e rw,. t � �.. � �.�► t-�.�-9 � �, l t� w -F-t,� ��4-�v +-n �IMGtlV1 0..5 GOKST�i"'UG� VJIi �n �Gf'-�-a-:��a�.c� (��v1�7�' � \ :�1 �!" V b � If you have any questions, please feel free to contact me. Sincerely, (�-J`:-- c�����-- Kevin Batchelder Administrative Assistant KLB:kkb 1101 Victoria -Curve .• 1Viendota� Heights, 1VIN • 5v118 .:,� 452• 18v0 =-� ti� `: • Y ' � � C i] Clty O� .,►., l.l 1Vier�dota %Ieights November 23, 1990 Ms. Nan Callahan 1851 Warrior Drive Mendota Heights, MN 55118 Dear Ms. Callahan: Your application for a�ef����5 -(er-v•� c f' will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on Tuesday, i�o�• 2-� . The Planning Commission meeting starts at 7:30 o'clock P.M., here ti� at the City Hall in the Council Chambers. You, or a representative should plan on attending the meeting, in order that your application will receive Commission consideration. If you have any questions, please feel free to contact me. Sincerely, � � Kevin Batchelder Administrative Assistant KLB:kkb 1 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 � To: From: CITY OF MENDOTA HEIGHTS MEMO November 28, 199 Mayor, City Council and City Administrat Kevin Batchelder, Administrative Assis�� . Guy Kullander, Parks Project Manager Subject: Preliminary Sketches for Mendakota Park Layout DISCUSSION At a special meeting on November 27, 1990, the Parks and Recreation Commission met with Barry Warner, of Barton-Aschman, to discuss preliminary sketches for the layout of the ballfields and other amenities at Mendakota Park. Mr. Warner presented a number of alternate layouts and the advantages and disadvantages of these concepts were discussed. (See Parks Minutes, November 27, 1990.) The consensus of the Parks and Recreation Commission was a pin-wheel layout of four softball fields at the eastern end of the site, a parking lot of 100 to 140 spaces at mid site accessing off Mendakota Drive, a comfort station in the hub of the pinwheel, a warming house by the free skating area and the neighborhood park amenities at the west end of the site adjacent to the single family homes. Trailways connect all areas of the park. � Mr. Warner was directed to prepare a more detailed final preliminary sketch plan based on this preferred layout for presentation at the December 4, 1990 City Council meeting. Commission Chair John Huber and Guy Kullander will be presenting this preferred plan to City Council, as Mr. Warner will be out of town. Barton-Aschman will be preparing preliminary cost estimates on the preferred plan, which will be available for discussion at the meeting. ACTION REQUIRED Review and discuss .the Parks and Recreation Commission's preferred preliminary plan and provide the Commission with any suggestions or direction. NOTE: The Parks and Recreation Commission meets on December 11, 1990 to determine the final complex layout in preparation of requesting that the City Council order final plans and specifications. ; Barton-Aschman Associates, Inc. 111 Third Avenue South, Suite 350 Phone: (612) 332-0421 Minneapolis, Minnesota 55401 Fax: (612) 332-6180 USA MEMORANDUM T0: FROM: DATE: SUBJECT: City of Mendota Heights Barry Warner December 4, 1990 Mendakota Ballfield Complex - Preliminary Cost Estimate Please find attached a preliminary cost estimate for the Mendakota Ballfield Complex. The purpose of this estimate is to provide a decision-making tool as a part of the preliminary design process. The cost estimate is based upon the preferred design alternative and its certainty is reflective of that level of detail. Several assumptions were made during the cost estimate's preparation. These include: � 1. 2. 3. 4. J Four irrigated softball fields and one irrigated soccer field will be constructed. Off-street parking will be provided to meet a majority of the parking demand. Neighborhood park elements are included in the project to broaden the facility's use and encourage multi-season activities. Unit costs for line items are based upon recent experience with the Sibley Athletic Complex and other neighborhood park projects. 5. Specific quantities for grading, utilities, and similar items have not been completed. Therefore, estimates have been established for these values based upon the preferred design alternative. 6. The project's development program is subject to change based upon participation from City Council, Park Commission and staff. This participation will in turn alter the project's eventual development cost. kro � � PRELIMINARY COST ESTIMATE - MENDAKOTA BALLFIELD COMPLEX December 4, 1990 Estimated Unit Total No. Item Unit Quantit Cost Cost l. Mobilization LS 1 $ -- S -- 2. Clearing, Grubbing and Removals LS 1 7,500.00 7,500 3. Excavation and Embankment CY 50,000 1.75 87,500 4. Topsoil Borrow CY 5,500 6.50 35,750 5. 4" DIP (water) LF 430 18.50 7,955 6. 6" PVC (sanitary sewer) LF 430 12.00 5,160 7. Manhole (sanitary sewer) � EA 1 1,250.00 1,250 8. 15" RCP CL II LF 550 15.00 8,250 9. Catch Basin (storm sewer) EA 6 1,250.00 7,500 10. Ballfield Fencing - 4 Softball Fields LS 1 65,000.00 65,000 11. Edge Fencing - Adjacent Dodd Road LF 775 11.00 8,525 12. 8 Ft. Wide Bituminous Trail LF 2,800 6.00 16,800 13. Parking Lot (98 spaces) w/Curb and Gutter LS 1 147,000.00 147,000 14. Parking Lot (6 spaces) w/Curb and Gutter LS 1 12,000.00 12,000 15. Ballfield Seeding AC 8.5 1,400.00 11,900 16. Site Seeding AC 8.0 1,400.00 11,200 17. Aglime Surface (infields, etc.) TON 2,000 13.00 26,000 18. Irrigation - 4 Softball, 1 Soccer LS 1 37,500.00 37,500 19. Portable Bleachers - 4 Units � LS 1 16,000.00 16,000 20. Players Benches EA 20 600.00 12,000 21. Handicap Playstructure LS 1 20,000.00 2U,000 22. Playstructure - Ballfield Complex LS 1 10,000.00 10,000 23. Swingset EA 1 1,200.00 1,200 24. Spring Animals/Diggers EA 6 500.00 3,000 25. Park Benches EA 8 500.00 4,000 26. Trash Receptacles EA� 10 300.00 3,000 27. Hard Court - Concrete EA 1 7,000.00 7,000 28. Bike Racks EA 3 350.00 1,050 29. Picnic(Shelter - Prefabricated EA 1 10,000.00 10,000 30. Storage and Concessions Building EA 1 60,000.00 60,000 31. Portable Warming House EA 1 5,000.00 5,000 32. Security Lighting EA 4 1,500.00 6,000 33. Landscaping LS 1 25,000.00 25.000 SUBTOTAL �680,040 5% CONTINGENCY 34.000 - TOTAL $714,040 �! � � From: CITY OF MENDOTA HEIGHTS MEMO December 4, 1990 Mayor, City Council and City Administrator Guy Kullander, Parks Project Manager Subject: 1990 Expenditures for Park Improvements DISCUSSION As of November 1, 1990 approximately $1,998,000.00 has been expended or committed towards park improvements. Land Purchase• Overhead• Construction• Bondina• FIINDING Sibley Mendakota Staff Consultants Architects Sibley Trails Parks Park Improv. $ $112,000 $525,000 $637,000 $196,400 $ 38,100 $ 6,500 $241,000 $401,400 $332,000 $340,400 $ 32,300 1,106,000 $ 637,000 $ 241,000 $ 1,106,000 $ 14,000 $ 1,998,000 Funding for the above expenditures came from Issue #1 of the Referendum. To this $2.7 million can be added $98,000 of M.S.A. and County cost sharing funds, plus $6,000 from School District #197 for requested additional work resulting in a total of $2,804,000.00 that can be applied towards park improvements.. . , Recognizing the above expenditures, the uncommitted balance for Issue #1 is as follows: � Beginning Allocation $2,804,000 � Expenditures 1,998,000 � Uncommitted balance $ 806,000 � i i Other park related funding sources include: Issue #2 Special Park Fund $ 700,000 325,000 $1,025,000 for a total uncommitted amount of $1,831,000 ($806,000 + $1,025,000). In the past, the City has been very cautious in expending funds from the Special Park Fund due to unknown future park needs. The Special Park Fund has been built over the years with developer cash park dedications. Future improvements to be funded from Referendum Issue #1 are: * Minor ballfield improvements in existing parks * Walking trails - approximately 6 to 9 miles during next five years (Some sections will be paid for as part of highway improvements) * Paths and viewing blind in Friendly Marsh Park COMPARISION OF BIIDGET AND EXPENDITIIRE3 The following table compares the amounts budgeted in the referendum to actual expenditures: BUDGETED SPENT REMAINING OVER &7DG�.�'I' Upgrade improvements to existing parks $ 49,000 $ 36,000 $ 13,000 - Sibley Complex (Includes land) New/Existing Park Improvements Trails Kensington $498,000 $393,000 $598,000 , $546,000 $595,000 0 $396,000 0 $407,000 $191,000 $ 25,000 $521,000 Mendakota: Land $500,000 $525,000 0 Improvements $116,000 0 $116,000 $ 2,700,000 $1,984,000 $841,000 Bonding Costs: $ 14,000 $1,998,000 $�1�000 $ 3�000 �,� $125,000 The last two columns in the above table represent possible costs to the City in the total amount of $966,000 ($841,000 +$125,000). In addition, construction costs at Mendakota above and beyond the $116,000 noted in the table would also be an added City cost. SUMMARY To summarize, the remaining funds and the potential future costs tally as follows: Remaining Funds Balance Issue #1 Issue #2 Special Park Fund Total Potential Future Costs Remaining Amount Over Budget Amount Mendakota Park Work Total $ 806,000 $ 700,000 $ 325,000 $1,831,000 $ 841,000 $. 125,000 � $ 966,000 + ? Additional information on the estimated costs for developing Mendakota Park will be presented to Council this evening. ACTION REQUIRED Council should designate funding source(s) for Mendakota Park Improvements, either tonight or on December 18, 1990 when the final schematic will be on the agenda. � t CITY OF MENDOTA HEIGHTS MEMO December 4, 1990 To: Mayor & City Council FROM: Guy Kullander, Parks Project Manager SU&TECT: Status of Consultants Compensation In October, 1989 the City entered into an agreement with Barton Ashman Associates, Inc. to assist the City with Park Planning and to perform certain design services. As of September 7, 1990, they have billed the City $38,108.59, which is 54% of the $70,800 contract amount. The contract was broken into four segments: Budqet Billed Balance New & Existing Neighborhood Parks $11,100 Kennsington Park ($3500 arch. fee) 23,700 Sibley Park ($5000 arch. fee) 22,900 Mendakota Park $10,226.12 $ 873.88 8,552.52 15,147.48 19,329.95 3,570.05 ($3500 arch. fee) 25,100 0.00 25,100.00 $82,800 $38,108.59 $44,691.41 $12,000 was allocated to architectural fees for the three comfort stations. cc: Park and Recreation Commission Members � ; :� t , � �arton-Aschman Associates, Inc. 111 Third Avenue South, Suite 350 Minneapolis, Minnesota 55401 USA MEMORANDUM T0: FROM: DATE: SUBJECT: Phone: (612) 332-0421 Fax: (612) 332-6180 City of Mendota Heights Barry Warner December 4, 1990 Mendakota Ballfield Complex - Preliminary Cost Estimate Please find attached a preliminary cost estimate for the Mendakota Ballfield Complex. The purpose of this estimate is to provide a decision-making tool as a part of the preliminary design process. The cost estimate is based upon the preferred design alternative and its certainty is reflective of that level of detail. Several assumptions were made during the cost estimate's preparation. These include: 1. 2. 3. 4. Four irrigated softball fields and one irrigated soccer field will be constructed. Off-street parking will be provided to meet a majority of the parking demand. Neighborhood park elements are included in the project to broaden the facility's use and encourage multi-season activities. Unit costs for line items are based upon recent experience with the Sibley Athletic Complex and other neighborhood park projects. 5. Specific quantities for grading, utilities, and similar items have not been completed. Therefore, estimates have been established for these values based upon the preferred design alternative. 6. The project's development program is subject to change based upon participation from City Council, Park Commission and staff. This participation will in turn alter the project's eventual development cost. kro � PRELIMINARY COST ESTIMATE - MENDAKOTA BALLFIELD COMPLEX December 4, 1990 Estimated Unit Total No. Item Unit Quantit Cost Cost 1. Mobilization LS 1 $ -- $ -- 2. Clearing, Grubbing and Removals LS 1 7,500.00 7,500 3. Excavation and Embankment CY 50,000 1.75 87,500 4. Topsoil Borrow CY 5,500 6.50 35,750 5. 4" DIP (water) LF 430 18.50 7,955 6. 6" PVC (sanitary sewer) LF 430 12.00 5,160 7. Manhole (sanitary sewer) EA 1 1,250.00 1,250 8. 15" RCP CL II LF 550 15.00 8,250 9. Catch Basin (storm sewer) EA 6 1,250.00 7,500 10. Ballfield Fencing - 4 Softball Fields LS 1 65,000.00 65,000 11. Edge Fencing - Adjacent Dodd Road LF 775 11.00 8,525 12. 8 Ft. Wide Bituminous Trail LF 2,800 6.00 16,800 13. Parking Lot (98 spaces) w/Curb and Gutter LS 1 147,000.00 147,000 14. Parking Lot (6 spaces) w/Curb and Gutter LS 1 12,000.00 12,000 15. Ballfield Seeding AC 8.5 1,400.00 11,900 16. Site Seeding AC 8.0 1,400.00 11,200 17. Aglime Surface (infields, etc.) TON 2,000 13.00 26,000 18. Irrigation - 4 Softball, 1 Soccer LS 1 37,500.00 37,500 19. Portable Bleachers - 4 Units LS 1 16,000.00 16,000 20. Players Benches EA 20 600.00 12,000 21. Handicap Playstructure LS 1 20,000.00 20,000 22. Playstructure - Ballfield Complex LS 1 10,000.00 10,000 23. Swingset EA 1 1,200.00 1,200 24. Spring Animals/Diggers EA 6 500.00 3,000 25. Park Benches EA 8 500.00 4,000 26. Trash Receptacles EA 10 300.00 3,000 27. Hard Court - Concrete EA 1 7,000.00 7,000 28. Bike Racks EA 3 350.00 1,050 29. Picnic Shelter - Prefabricated EA 1 10,000.00 10,000 30. Storage and Concessions Building EA 1 60,000.00 60,000 31. Portable Warming House EA 1 5,000.00 5,000 32. Security Lighting EA 4 1,500.00 6,000 33. Landscaping LS 1 25,000.00 25,000 SUBTOTAL a680,040 59'o CONTINGENCY 34_ TOTAL $714,040 ��� ... ..� ... �. . • .- ..: �._ .� � , � �-� s►. `� �� . . �.� i�J — � � _�= c�� r � c- `c ��� r ��r��`��1�. `� � �� - : �,�►����'� �,`�`�d i ►�`� '� �,?\►��� ` ��. � �� !�,,� �` �j�'� - e� �1� � ��► �� • . • '► ` /�,�"',a � �• t�Q•�. , 71`- �j . n /! � 7 =.� � � � � �IRIiI rt'� r - ��� � . ,:r • �r. 2� � <•• ���� ���,� � • ��= � ..,,`�[� ��� ,� ,�;,,.._ a�t. � � . ,1�i� 1'� �/�.� ,e�'a�: � � � ` �� �'� , i �•a, � �; � ���`�� � � : .�� . • �, � � . Y i N�, : , �y% •a��� % ��Ts r� �;�; � �E • ��' �� �:� ' .,s�,� : �l�a� �� ��. .�„ �, �,;�` ..�t�.,� �.�/••;',t• �!/�jv, ,.k � � � ;�� i, �f�� • � � �\ ; ,,����i ,�� I q��� S � • , I,r . r. 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