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1992-07-07CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA July 7, 1992 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of June 16, 1992 Minutes 5. Consent Calendar a. Acknowledgment of the June 23rd Planning Commission Minutes. b. Acknowledgment of the Building Activity Report for June. c. Acknowledgment of Planning Case No. 92-22 - Wensmann Homes Request to Withdraw Pre-Application. d. Approval to Award Bids for Kensington Park. * e. Approval to Award Bids for Soccer Goals. f. Approval of RESOLIITION NO. 92-39, Resolution Accepting Work and Approving Final Payment for Mendota Heights Business Park II (Lennox, Improvement No. 91, Proj ect No . 3 ) . g. Approval to Solicit Request for Proposals from Selected Architects for the Public Works Garage Expansion. h. Acknowledgment of New Requirements for Auxiliary Aids and Adoption of the New Language for Inclusion on all City Council, Planning Commission and Parks and Recreation Commission Agendas and all Mailed Public Notices. i. Approval to Schedule a Joint Workshop with the Planning Commission on September 29, 1991 at 7:30 P.M. j. Acknowledgment of Enforcement of Park Ordinance Regarding Horses on Trails. ,! k. Approval to Sell 1985 and 1987 vehicles as surplus equipment and Convert two 1990 Squad Cars for Use by the Engineering and Code Enforcement Departments. l. Approval of No Parking Signs for Lloyd's Foods - ORDINANCE NO. 286. m. Approval of Out of City Water Hookup (Braun). n. Approval of the List of Contractors. o. Approval of the List of Claims. End of Consent Calendar 6. Public Comments a 7. IIn£3.aished and New Business _ , ** a. Discu�sion on Downtown Mendo�a Heights Improvement. b. Da,scussion on Faith Church o� G1.ory'� Request to Review Special Permit. ' c. CASE N0. 92-22: Krohn - Variance Proj ect . d. Update on ivy Falls Creek Prajec�.. e. CASE NO. 92-20: Comprehensive Plan Amendment - (Putnam Site) - RESOLUT20N NO. 92-44 f. Discussion on Tax Increment Financing Policy. g. Discussion on Proposal to Draft Tree Preservatian Regulations. h. Discussion on Park Reservation Policy - RE50LIITION NO. 92-41 i. Discussion on Mendako�a Park - Annua]. Celebration Contingency Planning. *** j. Air Noise Update - RESOL4TION N0. 92-42. 8. Council Commen�s 9 . Adj oura J 0 CITY OF MENDOTA HEIGHTS i • . July 7, 1992 TO: Mayor and City Council FROM:� Tom Lawell, City Administ SUBJECT: Add On Agenda for July 7th Council Meeting There is one new item added to tonight's agenda (***). Additional information is submitted for item 7a. (**). As indicated on the blue agenda, information regarding the Bid Award for Soccer Goals was to be submitted on the add on agenda - it is now attached f or your review ( 5 e) (*). 3. Agenda Adoption It is recommended that Council adopt the revised agenda printed on green paper. 5e. Approval to Award Bids for Soccer Goals Please see attached information. 7a. Discussion on Downtown Mendota Heights Improvement Please see the attached Dodd Road Relocation - Concept Plan, Illustrative Access Plan and Future Right-of-Way Reservation Plan as submitted by Dahlgren, Shardlow and Uban. Planner John Uban will be present at tonight's meeting and he will be bringing overhead transparencies of the above drawings. . � Also attached is Mr. Brian Birch's plans for senior housing. 7j. Air Noise Update. Please see the attached memo and Resolution. MTL:kkb CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA July 7, 1992 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. � Approval of June 16, 1992 Minutes 5. Consent Calendar a. Acknowledgment of the June 23rd Planning Commission Minutes (Minu�ces�will be hand delivered to your home on Monday) . b. Acknowlec�gment of the Building Activity Report for June. c. Acknowledgment of Planning Case No. 92-22 - Wensmann Homes Request to Withdraw Pre-Application. d. Approval to Award Bids f�or Kensington Park. -. e. Approval to Award Bids for Soccer Goals (available on Tuesday's Add On Agenda). f. Approval of RESOLIITION NO. 92-39, Resolution Accepting Work and Approving Final Payment for Mendota Heights Business Park II (Lennox, Improvement No. 91, . Proj ect No . 3 ) . � g. Approval to Solicit Request for Proposals from Selected Architects for the Public Works Garage Expansion. h. Acknowledgment of New Requirements�for Auxiliary Aids and Adoption of the New Language for Inclusion on all City Council, Planning Commission and Parks and Recreation Commission Agendas and all Mailed Public Notices. i. Approval to Schedule a Joint Workshop with the Planning Commission on September 29, 1991 at 7:30 P.M. j. Acknowledgment of Enforcement of Park Ordinance. Regarding Horses on Trails. k. Approval to Sell 1985 and 1987 vehicles as surplus equipment and Convert two 1990 Squad Cars for Use by the Engineering and Code Enforcement . Departments. l. Approval of No Parking Signs for Lloyd's Foods m. Approval of Out of City Water Hookup (Braun). n. Approval of the List of Contractors. o. Approval of the List of Claims. End of Coasent Calendar 6. Public Commeats 7. IInfiaished and New Business a. Discussion on Downtown Mendota Heights Improvement b. Discussion on Faith Church of Glory's Request to Review Special Permit. c. CASE NO. 92-21: Rrohn - Variance Proj ect . d. Update on ivy Falls Creek Project. e. CASE NO. 92-20: Comprehensive Plan Amendment - (Putnam Site) - RESOLIITION NO. 92-40 f. Discussion on Tax Increment Financing Policy. g. Discussion on Proposal to Draft Tree Preservation Regulations. � • h. Discussion on Park Reservation Policy - RESOLtJTION NO. 92-41 � - i. Discussion on Mendakota Park - Annual Celebration Contingency Planning � 8. Couacil Comments 9. Adjourn �, ' : CITY OF MENDOTA HEIGHTS DAROTA COIINTY, MINNESOTA PLANNING CONIl�IISSION MIN[TTES JUNE 23, 1992 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 23, 1992, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following Commission members were present: Koll, Friel, Dreelan, Dwyer, Duggan and Tilsen. Commissioner Krebsbach was not present. Also present were Public Works Director Jim Danielson, Planning Consultant Tim Malloy, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MIN[JTES AYES: 6 NAYS: 0 HEAR.ING : CASE NO. RROHN - VARIANCFs Commi s s ioner Minutes with Commissioner 92-21: Koll moved approv.al of the May 26, 1992, corrections. • Tilsen seconded the motion. Mr. and Mrs. Arnold Krohn, 508 Huber Drive, were present to discuss their request for variances to the height and opacity for a fence located in a side yard abutting• a street. Mr. Krohn explained that when he and his wife purchased their property in 1986, the Copperfield neighborhood did not exist. He stated that a significant amount of traffic now occurs on Delaware Avenue due to the Copperf ield development and the commercial development in Eagari. He stated there is a significant amount of noise during the day and nigh� and that he would like to have more privacy. He stated that•he would like to construct a six foot (6' ) high solid board fence which would be constructed along his property line on•Delaware Avenue. Chair Dwyer explained that the request for a variance is being held as a publi.c hearing because the applicant was unable to receive the required signatures of consent. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. AYES: 6 NAYS: 0 June 23, 1992 Page 2 Commissioner Duggan moved to close the public hearing. Commissioner Friel seconded the motion. In response to a question from Commissioner Koll, Mr. Krohn explained the fence would be located east of the evergreen trees. He further explained the existing growth is not maintained by the City since the property is within the County right-of-way. Mr. Krohn explained briefly the type of foliage which exists on his property and how it extends down through his property towards his house. Commissioner Friel stated there is significant hardship created as the noise on Delaware Avenue is due to the traffic generated by a development which was constructed after Mr. Krohn had purchased his lot on Huber Drive. Mr. Krohn commented that he believes his house is unique in that there are not any houses in Mendota Heights as close to Delaware as his house. Commissioner Duggan stated he is not sure the applicant will achieve a noise proof situation. Mr. Krohn stated he believes he is doing what he can to make his family more comfortable. There was a brief discussion regarding the placement of the fence and possibly staggering the end�of the fence towards the house. Mrs . Krohn stated she is concerned with the aesthetics of the fence and that they have and will continue to do extensive landscaping in the area. She stated she iritends to.plant lilac bushes outside of the fence. Commissioner�Tilsen stated Mr. Krohn's house is the closest house in Mendota Heights to Delaware Avenue. He stated there seems to be a uniqueness to Mr. Krohn's lot as it is a corner lot . He stated the vegetation will remain to help screen the fence. He stated he believes the applicant has proven hardship. Commissioner Friel moved to recommend that the City Council grant a height variance and a variance to required openness for a fenced located in the front yard in order to allow a six foot (6') board fence in the proposed location. . Commissioner Duggan seconded the motion. d Commis s ioner conditioning on the road Koll offered June 23, 1992 Page 3 a friendly amendment the approval on the applicant plant lilacs side of the fence. • Mr. and Mrs. Krohn acknowledged the condition and stated they agree to the planting of lilacs. Commissioner Friel accepted the friendly amendment. AYES: 6 NAYS: 0 HEARING: CASE NO. 92-29 CITY OF MENDOTA HEIGHTS - MINOR COMPREHENSIVE PT•AN AMENDMENT ( PIITNAM S ITE) Chair Dwyer explained that the City Council had initiated a Comprehensive Plan Amendment for the Putnam Site located in the southeast quadrant of Dodd Road and Mendota Heights Road. He asked Planning Consultant Malloy to give a brief synopsis on the issues related to the amendment. Planner Malloy explained the City of Mendota Heights is considering an amendment which would change the official land use designation of the 10.63 acre parcel of land (Putnam Site) located in the southeast quadrant of Dodd Road and Mendota Heights Road from HR-PUD to MR-PUD. Malloy explained the current lanii use designation for this property was established as a result of the findings of the Southeast Area Study, completed in 1984 and 1985. Planner Malloy explained that when considering an amendment to the Comprehensive Plan, the Planning Commission should determine whether conditions relative to the subject property and the proposed amendment have changed since the existing plan was adopted and whether the goals and aspiration of the community have changed with respect to development in this area of the City. Planner Malloy explained that a Southeast Area Scoping Study was completed last year and since that time, little has changed in the area. Planner Malloy briefly explained the surrounding land use in the area of the subject property. He explained that most of the development that has occurred has been consistent with the Amended Comprehensive Plan or of a lesser intensi.ty. He expl,ained the Patrick-Clark subdivision, located east of the subject property, was June 23, 1992 Page 4 guided for HR-PUD on the Amended Plan, but has subsequently been developed for single family lots. He further explained there is a single family development to the north of the subject property. He stated the change in the land use pattern in the area south of Mendota Heights Road has been the general reduction in the density of development compared to what is shown on the current land use plan. Planner Malloy explained that the traffic conditions in the area of the subject property have not changed appreciably since the Southeast Area Scoping Study was completed. He explained that several of the properties in the area are being developed at a density lower than indicated on the current comprehensive plan, traffic should not be a significant issue for development of the subject property. Planner Malloy explained that it is expected that improvements will eventually have to be made at the Dodd Road and Mendota Heights Road intersection to handle additional traffic in this area partially due to the fact that traffic from developments in northern Eagan is expected to filter through this area. Chair Dwyer pointed out that the current land use designation for the Putnam Site is HR.-PUD (8 units per acre) . He stated the suggested amendment is to be N.�2-PUD (4 units per acre). Planner Ma.11oy stated that the general trend in the area is to develop with less density than originally guided for. In response to a question from Chair Dwyer, Planner Malloy stated there will possibly be a redesign of the interchange at Dodd Road arrd I-494. He stated he has not seen plans regarding the redesign. Commissioner Friel stated this interchange has been a problem for years. He stated the comprehensive plan amendment changes immediately west of Highway 149 could have serious long term affect on Mendota Heights Road and Dodd Road. Commissioner Duggan stated that the interchange is a mess and that the land is directly impacted. Planner Malloy discussed the impact of airport noise on the subject property. He stated�the noise has increased significantly since 1986. He stated that despite the introduction of the Stage III Aircraft, the air noise will continue . He stated there is no short term solution to the problem. Commissioner Duggan pointed out that Northwest Airlines has recently made it public knowledge that they are putting off the purchase of Stage III June 23, 1992 Page 5 aircraft and will continue to use older aircraft which will increase the air noise significantly. Planner Malloy explained the City's current policy for addressing development in areas impacted by aircraft noise centers around its Land Use Plan and Noise Attenuation Ordinance. He explained the Noise Attenuation Ordinance is patterned after the Metropolitan Council's Guidelines for Land Use Compatibility with Aircraft Noise. He briefly explained the noise compatibility guidelines are based on the idea that noise zones can be established, based on mea�sured•noise levels and criteria for determining. the impact of noise on humans, and that these zones can then be used to determine the compatibility of various land uses. Planner Malloy stated multi-family units are evaluated for their noise compatibility based on tlie number of common walls they� have and whether they have shared entries. Planner Ma.11oy stated that by allowing multi- family units encourages� more people to live in noise impacted areas. He stated that with these homes noise attenuated, these people still must venture outdoors. Commissioner Friel stated it has been the contention of the Metropolitan Council that the reason they have found multi family housing more compatible in Noise Zone 4 and single family a provisional use in Noise Zone 4, is because of more significant insulating techniques that were employed in the construct.ion of multi family units before the Minnesota Uniform Building Code was adopted. He further stated that that Code now requires all single family homes be built with the kind of insulation/noise attenuation as those homes constructed within Noise Zone 3. He stated the City is already accomplishing noise attenuation via a separate ordinance and it seems meaningless since the Uniform Building Code is already imposing regulations related to noise attenuation. Planner Malloy responded that if there is no additional benefit in spreading the costs there is no benefit to putting more people in a noise impacted area. Chair- Dwyer stated the Planning Commission is concern in exposing residents to noise pollution. He stated that it makes no sense to bring more people into an area that is polluted with noise. Planner Malloy explained that the proposed amendment would have no effect on park plans in this part of the City. He explained with the addition of Kensington Park, the parks that were proposed for this area in the 1979 June 23, 1992 Page 6 Comprehensive Plan have been provided. Commissioner Duggan responded that the City has lost 10 to 15 acres of park land in this area. Planner Malloy stated that parks have been provided with acreage exceeding the requirements. Commissioner Friel stated that the focus on parks in the Southeast Area has had the wrong emphasis . He stated that original plan for open space in the Southeast Area consisted of 40 acres of open land due to the high density proposed. He stated that with the decrease in actual constructed density, the open space has decreased by a greater percentage and most of the original plans for open space acreage no longer exists. Planner Ma.11oy summarized the. goals and supporting guidelines which were established specifically for the Southeast Area which are: � 2. 3. To provide a diversity of housing types within the multi-family residential areas of the Southeast Area. To encourage development that will be sensitive to the natural beauty and terrain of the Southeast Area. To encourage development at an appropriate sale for the area. 4. To encourage opportunity recognized a whole) . development that provides the to ownership by its residents (this is s beneficial to the community as a Planner Malloy stated that it is the City's intent to provide diversity in housing and with the property continuing to be designated for multi-family development is consistent with Goal #1 and #4 (as listed above). Chair Dwyer opened the meeting to the public. Commissioner Duggan inquired as to whether or not Mr. Richard Putnam, owner of the subject property, received mailed notice of the hearing. Administrative Assistant Batchelder stated that Mr. Putnam was mailed notice of the hearing and was also informed of the meeting verbally. Batchelder further explained that the notice of hearing was published in the City's designated official newspaper. The Planning Commission briefly discussed the changes which have occurred that merit minor revisions to the land use designation on the subject property. The Commission stated their concerns in noise pollution and AYES: 6 NAYS: 0 the lack of The Planning of reducing PUD. June 23, 1992 Page 7 open space available in the Southeast Area. Commission concurred that they are in favor the land use designation from HR-PUD to Nat- In response to a question from Commissioner Dreelan, Planner Malloy stated he has not seen the plans regarding the realignment of;Highway 55 and the possible affect it may have on the Southeast Area traffic. Planner Malloy further explained �the vacant land to the south of St. Thomas Academy is�designated as LB-PUD land use. He stated the number of anticipated square feet of office space is to be 100, 000 square feet. He explained the land has great visibility and has the potential for a signature office park. Commissioner Koll;noted her concerns in the lack of attendance by residents and wondered if the hearing should be continued to provide more time for residents to have more input. Commissioner Duggan read information regarding maj or land• use issues from the 1979 Comprehensive Plan. Commissioner Duggan moved to close the public hearing. Commissioner Friel seconded the motion. Commissioner Friel moved to recommend that the City Council change the land use designation for the subject parcel from HR-PUD to MR-PUD, or to a lesser designation and that the justification for that change, among other items, be the land use configuration which exists between the subject parcel and the parcels to the north and east and the incompatibility which exists between the subject parcel and the parcels to the north and east. He further stated the City's concern of increased traffic at the intersection of Mendota Heights Road/Dodd Road and the loss of open space and the increased density that has occurred in the Southeast Area has a consequence of the changes•that have occurred resulting in the loss of significant open space. He further stated there is no point in subjecting a larger number of people to the noise impact the City knows exists in relationship to the subject parcel. Commissioner Duggan seconded the motion. Commissioner Duggan pointed out that the subject parcel is currently zoned R-1. June 23, 1992 Page 8 Chair Dwyer called a recess at 9:00 o'clock P.M. Chair Dwyer reconvened the meeting at 9:04 o'clock P.M. Commissioner Duggan pointed out to the Planning Commission that there are several signs advertising developments in the Southeast Area located on Mr. Putnam's site at Mendota Heights Road and Dodd Road. Public Works Director stated if there is a violation of the City's Zoning Ordinance regarding signs, the City's Code Enforcement Department will pursue and he will report back to the Planning Commission in July on the status of the signs. CASE NO. 92-22: WENSMANN HOMES - PREAPPLICATION REVIE� Chair Dwyer briefly explained that Wensmann Homes has requested a preapplication review discussion regareling the possibility of developing twenty-two townhomes on 2.38 acres which are located at the southwest quadrant of Wagon Wheel Trail and I-35E. Mr. Burt Wensmann, owner of Wensma.nn Homes, stated he is looking for guidance from the Planning Commission in whether or not the proposed development is feasible in this particular area. Chair Dwyer stated he is concerned with the idea of packing of residents in an area where air noise is a great problem. Mr. Wensmann stated he is willing to decrease the density. Chair Dwyer briefly explained the back to back homes Mr. Wensmann is proposing to construct. He explained the homes will be 1,144 square feet with each home being three story homes. He explained there will be a double tuck under garage with each unit consisting of a 12 ft• by 20 ft deck. Mr. Wensma.nn stated he is currently building these homes in Apple Valley. Chair Dwyer stated the proposed development shows too many townhomes in too sma.11 of an area. Commissioner Tilsen noted a concern for parking in front of the garages. He further inquired into the possibility of doing a more comprehensive study for the whole area. � June 23, 1992 Page 9 Commissioner Duggan questioned if notice had been sent to the property owners. Administrative Assistant Batchelder� responded that mailed notice is not a requirement under the preapplication process review. Commissioner Duggan stated he is against the whole project. Mr. Wensmann stated the product has been well received in the market. In response to a question, Public Works Director Danielson stated there is a Fire Code Requirement regarding two exits for each unit proposed. In response to a question from Commissioner Duggan, Mr. Wensmann stated that average selling price of these homes is between $66,000 to $68,000. Commissioner Duggan stated that he too would like to see a more comprehensive study reviewed in this area. He stated that with the construction of a twenty-two unit.. townhome complex, will increase the traffic significantly on Wagon Wheel Trail. He stated the property owners on Wagon Wheel Trail, in the past, have been very sensitive to the possibility of increased traffic on this road. In response to a question from Commissioner Tilsen, Planning Ma.11oy stated the proposed development is within Noise Zone 4. Commissioner Friel.stated that within the City's Zoning Ordinance, a change in the comprehensive plan from single family residential to MR-PUD must show exceptional conditions. He stated that he has seen nothing which sets forth any exceptional conditi.ons. Mr. Wensmann stated that he is formally withdrawing his application. The Planning Commission formally accepted Mr. Wensmann's decision to withdraw his application. The Planning Commission suggested that the j oint workshop to be conducted between the Commission and the City Council could occur on September 29, 1992, if the Council finds this date acceptable. ,.. :, , VERBAL REVSEW June 23, 1992 Page 10 Public Works Directar DanielSan provided a verbal review for �.he planing items at the previous City Council meeting. t � • t): �l�1�#�M There being no further business, the Planning Commission adjaurned itS meeting a� 9:30 o'clack P.M. Respectfully submit�ed, Kimber].ee K. Blaeser Senior Secre�ary Page No. 3324 June 16, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 16, 1992 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, Koch and Smith. AGENDA ADOPTION Ayes: 5 • Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Abstain: 1 Smith Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Councilmember Cummins moved approval of the minutes of the June 2, 1992 regular meeting with correction. Councilmember Blesener seconded the motion. Councilmember Blesener moved approval of the miriutes of the June 9, 1992 Adjourned meeting/joint Council and Park Commission workshop. Councilmember Cwnmins seconded the motion. Councilmember Blesener moved approval of the minutes of the May 18, 1992 Council workshop. Councilmember Cummins seconded the motion. CONSENT CALENDAR Councilmember Cummins moved approval of the consent calendar for the meeting, revised to move items 5h, Street Rehabilitation Policy, and 5n, Mendakota Park Final Payment to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer�s monthly report for May. Page No. 3325 June 16, 1992 b. Approval of Change Order No. 1 for Bridgeview Shores 3rd Addition, authorizing a contract increase of $4,215.00 for costs associated with disassembly and moving of the backhoe from the site. c. Adoption of Resolution No. 92-35, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 86, PROJECT NO. 4," for Furlong Addition improvements. d. Adoption of Resolution No. 92-36, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLLS FOR LENNOX (IMPROVEMENT NO. 91, PROJECT NO. 3), BRIDGEVIEW SHORES 3RD ADDITION (IMPROVEMENT NO. 91, PROJECT "� NO. 5), MENDOTA WOODS (IMPROVEMENT NO. 89, PROJECT NO. 7)." e. Authorization for the sale of the 1990 squad cars through the Minneapolis Northstar auction. f. Acceptance of the resignation of Michael Lundeen from the Park Commission and approval to advertise the vacancy. g. Approval for the issuance of a purchase order to Mike Moore Construction for ' construction of Copperfield walking trail repairs for its low bid of $2,750. h. Approval of the list of contractor licenses dated June 16, 1992 and attached hereto. i. Approval of the list of claims dated June 16, 1992 and totalling $256,753.97. j. Adoption of Resolution No. 92-37, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR SANITARY SEWERS, WATER, STORM SEWERS, STREETS AND TRAILS TO SERVE THE ARNDT PLAT (IMPROVEMENT NO. 92, PROJECT NO. 1)." k. Approval of the permanent appointment of John Boland and Public Works Maintenance . Worker and approval of his progression to Maintenance II at an hourly rate of $12.15. � � Page No. 3326 June 16, 1992 l. Authorization for the sale of surplus Public Works vehicles and equipment in accordance with bids detailed in a memo from the Public Works Superintendent dated June 16; 1992. m. Award of the contract for 1992 seal coating to Stuck & Irwin Paving, Inc., for its low bid of $46,840. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 STREET REHABILITATION Councilmember Sm�ith suggested that the POLICY .. proposed street rehabilitation policy be • revised to include a street condition grading �classification system so that safety is a consideration in determining the need for reconstruction. Ayes: 5 Nays: 0 FINAL PAYMENT, MENDAKOTA PARK Engineer Klayton Eckles responded that staff has discussed doing a street inventory and could rate street quality on a scale of A to F. When level F is reached, streets would be classified as beyond repair and would need to be reconstructed. Councilmember Cummins moved to adopt the street rehabilitation policy, revised so that the second paragraph in section D.5 states that when a street has reached its expected life in accordance with the city's infrastructure rating system, no additional preventive maintenance shall be performed. Councilmember Blesener seconded the"inotion. Council expressed concern over the condition of the seed and sod at the Mendakota Park. It was the consensus that money should be withheld on the contract to allow for re- seeding or re-sodding if necessary. Councilmember Cummins moved to table action on the proposed final payment resolution and to authorize payment of $12,625.35 to Friedges Landscaping, Inc., for work completed on Mendakota Park improvements, withholding $3;000 of the final payment amount until the ti: Page No. 3327 June.16, 1992 city is satisfied with the re-seeding which has been done. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 FEASIBILITY STUDY, Council acknowledged receipt of the LONDON/DOWNING AREA feasibility report for the proposed reconstruction of London, Downing, Brompton and Winston streets. Engineer Klayton Eckles reviewed the report for Council. He informed Council on the existing condition of the streets and on the estimated construction and assessment costs. After discussion, Councilmember Cummins moved adoption of Resolution No.92-38, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE RECONSTRUCTION OF STREETS IN THE LONDON ROAD/DOWNING STREET AREA (IMPROVENTEN� NO. 92, PROJECT NO. 3," and "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED STREET RECONSTRUCTION OF LONDON ROAD/DOWNING STREET AND SURROUNDING AREA (IMPROVEMENT NO. 92, PROJECT NO. 4), the hearing to be held on July 21, 1992. • Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 DOWNTOWN ROADWAY Council acknowledged a report from ISSUES Administrator Lawell regarding downtown roadway issues. He informed Council that although a presentation was scheduled for this evening, Mn/DOT's right-of-way engineer and affected property owners have requested that the discussion be continued to the July 7th meeting. Councilmember Blesener suggested that the pedway link be moved to the north, away from T.H. 110, providing a crossing at Ridge Place or Freeway Road, to force pedestrian traffic away from the intersection of Dodd and T.H. 110. Staff was directed to look at pedway relocation options. It•was the consensus of Council that the discussion on the downtown roadway issues be continued to July�7th and that press releases Page No. 3328 June 16, 1992 be sent to the local newspapers to inform the community about the meeting. Councilmember Cummins was excused at 8:05 P.M. COUNCIL CONIl�lENTS Councilmember Blesener asked staff to research the ownership of a lot for sale along Wentworth Avenue and the possibility of acquiring land for access to potential future super block park land. Mayor Mertensotto gave an update on ANLEF contributions and invited interested residents to contact City Hall to volunteer to be a block captain. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that .the meeting be adjourned. �• Councilmember Smith seconded the motion. Ayes : 4 • . ' . Nays: 0 ` TIME OF ADJOURNMENT: 8:09 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto . Mayor MEMO Date: 6-24-92 T0: Mayor, City Council, and City Administrator FROM: Paul R. Berg, Code Enforcement Officer �� . C�U . SUBJECT: Building Activity Report for June 1992 CURRENT MONTH YEAR TO DATE 92 YEAR TO DATE 91 BUILDING I I PERMITS: No. Valuation Fee Collected � No. Valuation Fee Collected � No. Valuation Fee Collected � � SfD 8 1,200,398.00 10,771.02 � 56 9,438,463.00 81,379.52 � 33 5,506,157.00 47,068.15 APT 0 0 0 � 0 0 0 � 0 0 0 T041NHOUSE 1 773,285.00 1,136.08 � 5 669,391.00 6,251.92 � 5 638,665.00 6,023.34 CONDO 32 2,219,663.00 13,669.44 � 104 . 7,312,442.00 44,235.72 � 0 0 0 MISC. 37 268,062.00 �4,326.38 � 140 932.187.00 16,621.99 � 117 960,552.00 16,611.69 C/I 5 � 411,000.00 3,482.18 � 31 3,943,313.00 21,041.92 � 15 407,574.00 4,390.33 -------------------------------------------+------------------------------------+------------------------------------ Sub Total 54 �4,212,408.00 533,385.10 � 336 E22,295,796.00 $169,537.07 � 770 57,512,948.00 574,093.51 � � TRADE � I PERMITS• I I � � Plumbing 49 1,657.00 � 167 28,739.00 � 55 2,196.00 4later 15 75.00 � 152 760.00 � 40 200.00 Sewer 15 262.50 � 137 2,397.50 � 40 700.00 Heat, AC, I . I & Gas 49 2,736.00 � 798 28,131.00 � 75 4,514.35 -------------------------------------------+------------------------------------+------------------------------------ Sub'Total 128 54,730.50 � 654 • 560,027.50 � 210 S7,670.35 � � � � •• Licensina• � I Contractor�s I I Licenses 18 5450.00 � 240 $6,000.00 � 338 58,450.00 -------------------------------------------+------------------------------------+------------------------------------ Total 200 54,212,408.00 539,565.68 �1230 $22,295,796.00 5235,558.57 � 718 E7,512,948.00 590,753.86 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 June 30, 1992 To: Mayor, City Council and City Administrator From: Kevin Batchelder, Administrative Assi� Subject: Plann�ng Case No. 92-22 - Wensmann Homes Pre-Application Conference DISCIISSION Mr. Herbert Wensmann, of Wensmann Homes, appeared before.the Planning Commission at their June 23, 1992 meeting for a Pre- Application Conference to discuss a townhouse proposal. Mr. Wensmann desired to discuss a 22 unit, 2.3 acre townhouse complex proposed for the southwest•corner of Wagon Wheel Road and I-35E. (Please see attached letter of intent and Planner's Report.) Af,ter a brief discussion, Mr. Wensmann withdrew his request for pre-application consideration by the City. Under Section 22.4 of the Zoning Ordinance, an applicant may appear before both the Planning Commission and the City Council for a conference "to obtain information and guidance before entering into binding commitments or incurring substantial•expense in the preparation of ' plans, surveys, and other data." Had Mr. Wensmann not withdrawn • his application, he would have appeared on tonight's agenda. ACTION REQIIIRED There is no action required, this report is being submitted to the�City Council for their informat�ion and to officially conclude consideration of this proposal. .• � � ti � Y�y o� ,,�.1 . 1��ienda�a Heig�►.ts June 30, 1992 Mr. Herbert Wensmann Wensmann Homes�� 3322 - 151st Street We�t Rosemount, MN 55Q68 Dear Mr. Wensma.nr�: I am writing �o confirm the withdrawal o� your pre-applicatian.for con�ideration of a Camprehensive Plan Amendment and Planned Unit Deveiopment. A pre-application conference was held at the June 23, 1992 Planning Commissi.on mee�ing; at which time you withdrew from consicleration for the pl.anning approvals necessary 'for the townhouse project-.graposed in �rour June 8, 1992 letter to the City of Mendota Heights. ' Whi].e your wi�hdrawal from the pre-application con�erence does not preclude you from approaching the City for consideration of planning approvals, it does bring this round of pre-applica�ion conferences to a conclusion. The City's planning consultant, Tim Ma3.loy, is available for planning meetings every other Monday afternoon and an appointment to meet with him can be ma.de b� contacting Kim Blaeser at 452-1850. Should you desire ta di�cuss any development or land use plans, we woul.d be plea�ed to meet with you again. Sincerely, �ii'V'?/�w ,�,�J3G'✓�:,'k�� Kevin Batchelder Administrative Assi�tant cc: James E. Danielson, Public Works Director Tim Malloy, City Planning Consultan� 11.01 Victaria Curve • 1V�,endota Heights,lVlN • 551I8 452 • 1850 �� ---i W ENSMANN NOM ES, ING. 3312-151 st Street West Rosemount, Minnesota 55068 (612} 423-1179 June 8, 1992 City af Mendota Heights 3a,mes Danielsan - City�Planner 1101 Victoria Curve Mendata Heights, MN SSlI8 Re: Wenzel Pxoperties and Wagon Wheel Trail Dear•,Mr Da,nieison and Planning Committee Members: We would lika to schedu3a an informal meeting for June 23, 1992 wiih your planning committee to review sketches far the proposed townhome site l.ocated off Wa.gon Wheel Trail. The site would cansist of 22 units, with the layout being very compatible for the site because of freeway IOCc'#.t1t7liSa overhe�d flig�ht paths, and high density apaxtments adjacent ta the site. � The townhomes wauLd be marketed in the 60,000 to 70,000 price range, with a hom�awnexs as'sociation to maintain� private stxeets and camr�an areas, Brochures of a sa.milar pra,�ect we are co[npieting in Apple Valley are enclosed along with the proposed site plan. We are listening to praject. enci Iaoking forward to meeting with you and := ' your input and guidance in proceeding with tliis SincerelY, 1 ,.� .�C��'��--��.-�.. +HerUert Wensmann President C ity a� 1Vi�.ndata �eights Mr. Herbert Wensmann President wensmann Homes, Inc. 3312 151st Street West Rosemount, MN;55q68 Dear Mr. WenSmann: Your pre-applica�ion discussion to review �ketches for a proposed tcawnhame • site locateci off Wagon Wheel Trail will be discussed by the Pla.nn.ing Commission at �heir next regularly scheduled mee�ing, which:will be held on Tuesdav,'June 23, I992. The Planning Commission meeting starGs at 7:30 o'clock P.M., here at the Ci.ty Hali in the Council Chambers. You, or a representative should plan on attending the meeting, in order that your application will receive Commissipn consideratian. If you have any questions, p3ease feel free to contact me. Sincerely, �� .�� Kevin Batchelder Administrative Assistant Enclosure• � � 1101 Victoria Curve * 1Viex�dota Heights, 1ViN • 55118 452 � 1850 PLANNING REPOR'I' DATE: � CASE NUMBER: APPLICANT: LOCATION: ACTION• REQUESTED: PREPARED BY: " REVIEWED BY: , PLANNING CONSIDERATIONS: , Background ��cc�iirorsnTeo CONSULTING PLANNERS LANDSCAPE ARCHI'fECTS 300 FIRST AVENUE IJORTH SUITE 210 MINNEAPOLIS, MN 55401 G12 339•3300 23 June 1992 92-22 Wensman Homes Southwest Quadrant of Wagon Wheel Trail and I-35E Preapplication review Tim Malloy, Planner John Uban The Applicant proposes to develop the-property indicated on the attached location map as a Planned Unit Development. The Applicant is requesting a preapplication conference as provided in the Planned Unit Development process in the Zoning Ordinance (Section 22.4). The main idea in this review is to give the developer a sense of whether the proposed project has merit� and should be pursuerl to the next step in the process. This review also gives the Planning Commission the opportuniry to give the developer some informal advice related to the broad planning issues associated with a development proposal. Discussion in this review should focus on such issues as whether this particular type of multi-family housing is appropriate for this location, whether the density is acceptable, whether the PUD process is the�best mechanism for developing the site and, if so, what procedure and time line should be pursued. Discussion could also cover, in a general way, issues unique to this site such as buffering the units from the freeway both visually and for noise and vegetation. General Site Characteristics The subject property, like many of the remaining developable parcels within the City, has several . unique characteristics that make it challenging to develop. The site is a relatively small "L" shaped parcel approximately 2.3 acres in size. The site is divided into two parts by an NSP gas line. The main part of the site, the part that contains the units on the developers sketch plan, runs north and south adjacent to Interstate 35E.. The site has its access off of Wagon Wheel Trail, which borders the property on the north..- Wensman I3omes, Case No. 92-22 23 June I992 Page 2 The topography of the site is basically one large hill with steep slopes on the west side. The top of the hill and the more gradual slopes that make up the main part of the site is where the proposed housing units would be located. The tail of the "L" is mosfly taken up by steep slopes and vegetation. The slopes in this portion of the site are as steep as 35 percent in the area of the gas line easement. The slope in the area of the existing gravel driveway is approximately 7 percent. As mentioned earlier, the property is located adjacent to Interstate 35E and experiences a significant amount of traffic noise due to the fact that the elevation of the site is above that of the freeway. This should be taken into account in the design of the property through the installation of sound-deflecting berms or fencing and la�dscaping. While the properry is adjacent to the freeway, it does not enjoy the advantages of accessibility. There are no exit or entrance ramps at Wagon Wheel Trail. In fact, to get to and from I-35E North, vehicles must take Lexington Avenue to Highway 110 and travel east to the interchange approximately 1 mile form the subject site. To get on I-494, one must take Wagon Wheel Trial to Dodd Road and then south to the Interchange. This is a distance of roughly 1-1/2 miles. The surrounding properties to the north and west contain single-family homes on relatively large lots (.5 - 2.8 acres). To the south of the subject property is the Lexington Heights Apartment complex. The acreages of the adjacent lots are indicated on the attached copy of the section map. We believe the PUD process is probably the best way to address the complex characteristics of this site e.g., steep"slopes, relatively small size, odd shape, gas line, and freeway adjacency. We also believe that based on the steep slopes, surrounding land uses and freeway noise, the site lends itself well to some form of clustered multi-family housing. However, we have several concerns regarding the proposed site plan. The first issue is the proposed density. At 9.4 units per acre, there are simply too many units bunched together on the site. This shows up in the noticeable lack of room between the access drive and the property line for buffering adjacent to the freeway. The proposed site plan also has only one ingress and egress. This results in an awkward series of dead end drives as shown on the plan. This-situation could be remedied by removing three units from the' west end of the first row of units and instaliing a°loop connection between the lower drive and the next drive up the hill. This would allow easier circulation through the lower portion of the site, particularly for emergency vehicles. The idea of a secondary access point to Wagon Wheel Trail, near the gas line easement, should also be explored. While this would significantly increase the amount of.grading required on the site, it would offer an alternate access during emergencies and would also reduce the number of turning movements onto Wagon Wheel Trail. There may be some concern for safety at the current access drive location due to the slope of the Wagon Wheel Trail as it comes over the I-35E bridge. The units themselves are three-story, two bedroom townhomes. These units are a relatively poor layout for the empry nester market because all of the bedrooms aze on the upper level. The appearance of the units is acceptable. The design of the deck and dormers avoids the large expanses of uninterrupted roof that are sometimes associated with quad and townhome units. However, a visitor to this project would be greeted by the long row of double garage doors typical of tuck-under units. The exterior materials appear to be brick and siding, with brick covering the walis of the lower level. 'Wensman �iomes, Case No. 92-22 23 June 1992 Page 3 Review Pracess If the Planning Commission determines that the general idea of multi-farnily housing of a nature similar io that shown on the sketch plan is ane warth pursuing far this praperty, then #he next step is to deterrnine the appropriate pracess. ta review the project under. There are basicalty three ways this development couid be processed. AII of these requ�res an amendment to the Comprehensive Plan. The current plan designates this property far low densiry residentiai use. The gian would have ta be amended to ailow meriium- or high-density residential use. Medium-densiry residential is intended for projects of three ta suc units per acre. High-density is for projects of six to ten un1�s per acre. If the property were to ba develaped, as shown on the sketch plan, it woald have to be redesignated for HR (high-densiry residential). In addition to amending the Comprehensive Ptan, the project wouid require a rezanzng. Zfie current zoning is R-1 (single-family residential). The three options for pracessing the project are listed below along with a brief camment regarding the issues related to each: I. Rezone the groperty to R3 (�iigh Density Resiflential) District and process urtder thase guidelines. This would result in the need for numeraus variances due to the setback requirements and could also result in a higher density project with dif€erent units if this . deveioper does not foitow through and the property goes back on the market. 2. Rewne ta R-3 aizd pracess as a PUD (pianned unit development} under section 22 in the Zoriing Ordinance. This pracess gives the City more control over many of the details of the develagment and is ganeralty greferred for deveiapments an compiex sites with unusual development canstraints as in this case. Sectian 22 of the Ordinance requires a minimurn lot size af 10 acrrs. A variance fram this requirement would be necessary. 3. Rezone to HR-PUD (eight units per acre) and process in accordance with Section 13 of the Zoning Clydinance. This process is hasicaliy the same as that described in Section 22, however, Section 13 does not require a 10-acre minimum parcel size. Section 13 was added to the Mendata Heigh#s Ordinance subsequent to tha adaption of the Comgrehensive Plan Amendment for the Sautheast Area. It is our understanding that the PUD zoning districts were to be reserve� far use in the Southeast Area. Hawever, there is no menti4n of this restriction in the cunent Zoning Ordinance. If *he Ptanning Coznmission decides to go ahead with this project under one of the options that utitizes the PUD process, then this meeting can be considered a substitute for the Sketch Plan review process and the develaper can b� allawed to move on to the Pretiminary L3evetopment Pian phase {Sectian 22.4). .. Action Review the materials submitted and discuss the proposed project with the developer. 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' �- _ .� /�— F i ��;�`" -- - _ -� .� - - - - - - --- ; .'� __ _ _ _=�._:� M t J � , � ST TMQMAS M1CAOE+ti �� v� eOvS SCH004i ' ., _. iNE CONv ��N I 1�'I ocrNevi � !PA GIA45 /� ' . �` a r � i / � VAC � . � �' � � � ' � MENpOTA HEIGHTS ROA6 t/ - --_ � . ��r� - - - t � � ,' � /%�"\. %/"��, i i: �i 1 �l _� _ .�G — � '�N��AT " '..� � ;., � _ -_ /,,,,,..-- .! � _ '`�,� ' • � �.�'j •j��..� � '.,.; ,�\. . . .: ` . -� : : ...-:---�...\�_ ` jr ��.:'.'.,.' . . : ��:� �" . �� ._..___ �.�. . ; . . . ��'�_' '� �'♦ : S�t <� ,,,,,,,_.r---�� f �.�`� �� i � � �% . \ � ---� � .�ti . .., �r--% . . - -� �- �- .�; ,�� . .�� r . � , y.. CITY OF MENDOTA HIIGHTS :� • 7uly 1, 1992 TO: FROM: RE: Mayor, City Council and City Ad ' Guy,Kullander, Parks Project Manager Award of Bids - Kensington Park DISCUSSION: Bids have been received to begin the construction of Kensington Park. As you recall, the rough grading of the park was performed by Centex. The contracts to be awarded tonight cover the extension of utilities into the park, construction of the parking lot, and the fine�grading of both the north and south parks and the spreadi.ng o� topsoil. Contracts for additional work items will presented to the Council on 7uly 21st and August 4th. The following bids were received: A. Install storm sewer, sanitary sewer and water service. 1. R.P. Utilities $29,960.00 2. Friedges Landscaping, Inc. $30,982.70 3. � Ro-So contracting $31,222.50 4. McNamara Contracting, Inc. $33,087.80 5. Nodland Construction $35,574.00 6. F.M. Frattalone $35,890.00 : C. Bituminous parking lot with concrete curb and gutter and 8' wide bituminous trail. 1. McNamara Contracting, Inc. $38,862.50 2. Bituminous Roadways $42,948.00 3. Pine Bend Paving $44,775.00 4. Daily and Sons Blacktopping $44,925.00 5. Tower Asphalt $51,975.00 Fine grade site, common excavation, spread topsoil 1. Steininger Construction Co. $35,400.00 2. Scherff, Inc. $49,750.00 3. Friedges Landscaping, Inc. $99,918.45 The low bidders are laiown to staff and previously worked in the City. McNamara did the paving in MeRdakota Park while Steiniger and R.P. Utilities are currently working on the Mendota Fieights Road Project. RECONIMENDATION5: The Council previously approved the Kensington Park plans and budget estimate. These three work items were budgeted at $104,a00.00. The combined three low bids total $104,222.50. ACTTONS REQUIRED: If Council so desires, they should accept the bids and award contracts to the following firms: , 1. R.P. Utilities in the amount of $29,960.00 2. McNamara Contracting in the amount of $38,862.50 3. Steininger Construction Co., in the amount of $35,400.00 CITY 4F MENDOTA HEIGHTS � . MEMp �uly 7, 1992 TO. Mayar, Ci�y Council and City Administ r FR4M: Guy Kuliander, Parks Pro�eet Manager �� SUBJECT: Award af Bid for Soccer Goals HISTORY The wooden soccer goals used in Friendl.y Hill�, Ivy Hills and Wentwor�h Parks have'deteriorated from years of use and are no� longer repairable. Last year only ane was in a usable condition.' Two.�teel pairs of goals were purchased in the summer of 1991 and were used by the Sting Soccer Program on fields at Sibley and moved to neighborhoad parks for Mend-Eagan Soccer in August. • � Thi� year �.hose two goals are being u�ilized at Sibley but in �.993 will be moved �.o �.he Kensing�on facility and one additional gaal addecl to Kensington Park {3 pair total} . Mer�d-Eagan will want �o u�e �he complex for tournaments util.izing �he �ite for 3 ar 4 yauth size �ields. . DISCUSS2t}N The curren� need is for four set� of gaals in the following park� b.y the start of Mend-Eagan soccer in mid August: Mendakota, Friendly Hills, Wentwor�h and Ivy Hills. Funds for �he purchase of �.he goals will co�e from Referendum Funding. Three goals can be charged to the �Neighborhood Park Improvement Fund and the other two from �he Ken�ing�on and Mendako�.a Park Funds. Bid� received are as follows: Minnesota P2aygraund; Inc. $6,643.OQ Flanagan and Sales, Inc. $8,865.00 Earl F. Anderson $9,892.Q0 d • a� i• • � I recommend the low bid af $6,603.00, as �ubmitted by Minnesota Playgraund, Inc., for five pair of �occer goal� be accepted. , ACTION RE4UIRED If Council so desires, they should direct staff to issue a purchase arder for five pairs of soccer goals �o Minnesota Playground, Inc., in the amount of $6,603.00. GDK:kkb i :, CITY QF MENI�QTA HEIGHTS ML�VFC,? 7uly 1, I992 TO: Mayor, City Cauncil and City Adm' FROM: James E, Danielsan, Public Works to ., .5 SUBJECT: Utilities - Mendota Heights Business Park {Lennox) Jab Na. 9106 Improvemeni Na. 91, Praject No. 3 DISCUSSIUN• The contract has be�n campleted for the utilities to serve Mendata FIeights Business Park II (Lennox) and is ready for final payment. RECQMMENDATION• I recommend Council accept the project and approve the final payment to Ryan Contract, � Inc. of Burnsville, Minnesata. i ' i t• 1 If Council concurs with tlle recommendatian they shauld pass a motian adopting Resol.ution No. 92-_, RESOLUTION ACCEP'T'ING WORK AND APPRUVING F]NAL� PAY.IV�NT FOR 11�NDOTA HEIGHTS BUSIIVESS PARK II(LENNOX, IlVIPROVE+''.MENT NO. 91, FROJECT NO. 3� i � � City of Mendota Heights Dakota County, Minnesota RFSOL�7TION NO. 92- RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR MENDOTA HEIGHTS BUSINESS PARK II(LENNO� (IlV�RO`'EMENT NO. 91, PROJECT NO. 3) � WHEREAS, pursuant to a written contract signed with the City of 1Viendota Heights on September 29, 1991, Ryan Contracting, Inc. of Burnsville, Minnesota, has satisfactorily com- pleted the construction of utilities to serve Mendota Heights Business Park II(I.ennox) Improvement No. 91, Project No. 3) in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and . BE IT FiJRTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the fmal payment on such contract in the amount of $1,686.02 tald.ng the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this 7th day of 7uly, 1992. CITY COUNCII. CITY OF MII�IDOTA HIIGHTS By Charles E. Mertensotto, Mayor ATTE.ST: Kathleen M. Swanson, City Clerk h � •1 CITY OF MENDOTA HIIGHTS 1VIE1�20 7une 29, 1992 TO: Mayor, City Council and City Admini � FROM: James E. Danielson, Public Works ' SUBJECT: Architect Selection Public Works Garage Expansion, 7ob No. 9215 DISCUSSION• Money was budgeted for in 1992 to hire an architect to assist the City in planning and designing a public works garage building expansion (approximately 4,000 square feet). 5ome of the needs that are already known are as follows: 1. Expanded public works storage (the current facility is fully utilized, with overflow storage being done in the water tower). � 2. Police impound area (lost with old fire station demolition). 3. Fue1 tank replacement (required by State law). 4. Fire Code Update (Fire 1Vlarshal says expansion will necessitate sprinkling entire building). 5. Handicap (address new ADA standards). � � 6. Mechanical (existing heating and air conditioning are unreliable}. � 7. Repair parking lot. , � 8. Covered salt storage. I would like to have Council authorize staff to begin the architect selection process immedi- ately so that we could work towards co�npleting the construction in 1993. I have �eceived inquiries from the following qualified architectural firms; Boarman, Kroos, Pfister and Associates, TKDA, Station 19, and BRW. I suggest that these firms and two or three others be invited to submit proposals for assisting the City in designi.ng the garage expansion (estimated cost =$400,000) RECOMMENDATION: I recommend that Council authorize staff to begin the process to select an architect to assist with the design of a public works garage expansion (see attached Request for Proposals). ACTION REOUIltED• If Council desires to implement the recommendation they should pass a motion authbrizing staff to solicit Request for Proposals from selected architects, with final recommendation for selection to be brought back for Council review and approval. � Ju1y 8, 1992 SUBJECT: Request for Proposals for Public Works Garage Expansion Dear "Arclutect" : The City of Mendota Heights is beginning the process of selecti.ng an architect for the design of a maiutenance garage facility expansion. The expansion is to include, in addition to public works space, a police impound area, fire safety improvements (sprinkling), ADA Standards compliance, under ground fuel tank removaUreplacement, mechanical upgrading, parking lot improvements and covered salt storage area. The budget for the project is $400,000. The planning and design are to be completed this year with construction to begin next spring. It is the City's intent to enter into an AIA Agreement between the owner and architect (AIA Document B141) for the following services: ' - programming space requirements - schematic design - design development - construction documents The architect will be responsible for keeping the scope of the project within the fixed limit of construction cost. The Ciry will be responsible for the bidding or negotiation phase and the administration of the construction phase of the project. The architect will be asked to provide any work during those phases as additional services, at their standard hourly rate. The City will provide civil engineering and landscaping design for the project. The architect will be responsible for coordinating this information with the design and documents. If you are interested in being considered as the architect for the project please submit three copies of the following information no la.ter than 7uly 27, 1992: 1. Principals, their education, experience, and licensing. 2. Years in business, history. 3. Listing of recent major work and any work similar to a public works garage. 4. An explanation concerning the importance of the budget and how it is controlled by design. 5. The person who will be in charge of the project and other personnel and consultants who will �be used. � � � . � 6. Insurance coverage. 7. Professional references. 8. Fee quotations or estimated range. If you have any questions concerning this work, please contact me at 452-1850. Sincerely, 7ames E. Danielson, P.E. Public Works Director � �r To: From: CITY OF MENDOTA HEIGHTS I�20 July 1, 1992 Mayor, City Council and City Administra Kevin Batchelder, Administrative As i Subject: Auxil3..�.ry Aids for Persons with Disabilities Public Hearing Requirements under ADA DISCIISSION The Americans with Disabilities Act is requiring that local governments provide auxiliary aids for persons with disabilities who may wish to participate in any public hearing. In particular, this means providing an interpreter, fluent in sign language, for hearing impaired persons, upon request. In order to coinply with this requirement, it will be necessary for the City to include an announcement on our agendas, and in our public notices, stating that auxiliary aids are available, upon request. I recommend the following language be included on all agendas and mailed notices for the City Council and both Commissions: Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however this may not be possible on short notice. Please contact City Administration at 452- 1850 with requests. The Minnesota Interpreter Referral Center and the Minnesota Foundation for Better Hearing and Speech both provide pools of qualified interpreters for the hearing impaired. Typically, upon request, they will confirm a qualified interpreter fluent in American Sign Language to appear at the scheduled time. Rates for these interpreters vary, but the average is $25 per hour with a two hour minimum. The city will be responsible for the costs and funding would come from the Administration contingency. It is expected that requests for auxiliary aids will be rare. (Please see attached information on the Interpreter Referral Centers.) ACTION RE4IIIRED Acknowledge the new requirements for Auxiliary Aids and pass a motion adopting the new language for inclusion on all City Council, Planning Commission and Parks and Recreation Commission agendas and all mailed public notices. Office Hours: 8:00 a.m. #0 4:30 p.m. Monday fihrough Friday � EMERGENCY SERVICE lntetpreters are on cail evenings, week ends and holidays ta respond to legal and medical emergency interpraflng needs. fiese Enterpzeters are avaliable ftom 4.30 p.m. to 8:00 a.m. the fotlowing day on weekdays and holidays. To request an interpreter far emergencEes In i#ze tnetra area, call (612) 427-1212 V ar (612) 422- 1212 TDD. In greater Minnesota, cantact the Reglonal Seniice Center for Hearing Impaired People In your area to Inquire aboUfi emergency interpreting servlces. � Minnesota Faundation for Better Hearing and Speech .• ._- INTERPRETING: WHAT IS IT? Interpreter Referral Center x-soo-6s�-3660 {Greater Minnesota) 612-296-9299 (Metrro Area) Consumer InlormafTon hom the Inferpreler Referral Center pRC). of fhe Mlnnesota Foundatlon for Befter Nearing and Speech. WHAT IS AN IMERPRETER? An Interpreter Is a person who helps hearfng-Impalred �nd hearing people to communlcate wfth each other. nterpreters are not counselors: they should not tell you what to say or do. • WHEN CAN I USE INTERPRETER SERVICES� fhe Interpreter Referral Center (IRC) will arrange nterpreter service for any kind of ineeting or appoint �nent, l�cluding: legal Social Services Counselfng Educational Employment WHO PAYS FOR THE SERVICES OF THE INTERPREfER� Most of the time, the hearing-Impaired consumer Is not �espon�ble to pay for the interpfeter service; the nterpreter wfll send the bill to the company, agency, etc, If you are not sure who should pay the interpreter, contact the IRC. WILL THE INTERPRETER ADD IDEAS OR WORDS FOR ME IF I .AN'T THINK OF A WORD OR SENTENCE� Vb,' The interpreter's Job is to say what the hearirig-im- �alred person signs and to sign what the hearing �erson says. That Is an. DO INTERPRETERS UNDERSTAND EVERYTHING ALL THE TIME� Vo. When interpreters do not understand, they will ask `or the informaflon again. Interpreters should know t�elr own skills, and should accept only the interpreting obs that match those skllls. CAN I IMERRUPT THE INTERPRETER IF THERE IS SOMETHING I DON�T UNDERSTAND� Yes, If you do not understand, you can stop the Interpreter. If the Interpreter does not understand yrou, she or he win stop you. Clear communicaflon is Importantl WHAT CAN I EXPECT FROM THE INTERPRETER� You can expect a professional fnterpreter to: • Dress appropriatery (clothes and Jewelry should not be dishacting). ' • • Arrive on ttme ■ Keep•Informaflon private • Not tell his or her opinlon ' ■ Use the klnd of language that you understand best • Sign everything the hearing person says • Say everything you sign • Conflnue to improve interpreflng skllls and ' knowledge . HOW DO I GET AN INTERPREiER� If you need an interpreter, you can ask the company, organizatlon, agency, school or medical offlce to call the Interpreter Referral Center. fie IRC has a Ilst of professlonal Interpreters, and will arrange fo� the Interpreting service. The telephone number Is (612) 296-9299 V/TDD In the Twfn Citles, and 1-800-657-3660 in Greater Minnesota. IF I AM NOT SATISFIED WITH AN INTERPRETER� WHAT CAN ( oo? If you are not satisfted with an Interpreter fw any reason, you can contact the IRC. You have the right to ask for a different interpreter. fie IRC can also gNe you.other ldeas to solve the problem. IF I FIND OUT THAT AN INTERPRETER SHARED PRIVATE INFOR- MATION ABOUT ME, WHAT CAN I DO� You can contact any of these organlzatlons: Interpreter Referral Center Coqrdinator, �• Minnesota Foundaflon for Better Hearfng and Speech at (612) 223-5130 V/TDD. Grlevance Commlttee, Mlnnesota Reglstry oflnter- preters for the Deaf (MRID), P.O. Box 4414, St. Paul, MN 55104.` ' Your local Reglonal SeMce Center for Hearing Impaired People (RSC). If you don't know the tele- phone number of the RSC in your area, caii the Deaf Servlces Divlsion at (612) 296-3980 V or 297- 1506 TDD. TO GEP'AN INTERPRETER� CALL . _: Minnesota Foundation for Better Hearing and Speech' (MFBHS) Interpreter Referral Center 166 E. 4th St, Suite 320 S�. Paul, MN 55101 • (612) 296-9299 (Metro Area) 1-800-657-3660 (Greater Minnesota) HIRING AN INTERPRETER �The Regional Service Centers For Hearing Impaired People (RSCs) and the Interpreter . Referral Center (IRC) work togetherto ensure that interpreter� services are available to - hearing impaired people throughout Minnesota, Information be.tweenthe IRC and RSCs issflaredto assure coordination of effort. For assista�ce (n determining your interpreter needs, contact the RSC in your area. To schedule an interpreter, contact the IRC. Monday - Friday 8:00 a�.m. - 4:30 p.m., call the IRC at: . . 1-800-657-3660 (Greater Minnesota) 612-296-9299 (Metro Area) Be prepared to provide the following information: • Agency name • Contact person • Phone number • Date(s) interpreter is needed • Length of assignment ' • Locat(on of the Job For Emergency interpreter Needs After Regular Business Hours In the metro area cali: (612) 42'7-1212 Voice (612) 422-1212 TDD In Greater Minnesota, contact the Regional Serv(ce Center in your area to inquire about emergencv ��terpreting services. • • • ;_ �I�iterpreter � Referral.. � � - Services INTERPRETER �' REFERRAL= , 0 1-800-657-3�660 Voice/TDD � (Greater Minnesota) � 612-296-9299 Voice/TDD . � (Metro Area) �, A program tunded by ttie Minnesota�Department of Human Services . Deaf Services Division in cooperation with the Minnesota Foundation• tor Better Hearing and Speech , �WHAT �.. AN IN7ERPRETEEt? An interpreter is a professional providing fihe comrriunication link between hearing and hearirig impaired individuais. The role of an interprete� is to: Facilitate communica#ion between hearing and hearing irripaired peopie. Convey the thoughts, feelings and content af a message between.fihe parfies involved," � Mainfiain impartiality and confidentiality: Qucilified interpreters: Are fluent �in American Sign Language and other modes• of communicafiion used by hearing irripaired'people, Ncive com.pleted an interpre#er training program: � ' • ' Acihere ta o professior�al Code of Ethics. estabiisheci by the national Registry of interpreters for the Deaf (RlD). Communicatlon needs of hearing Impaired people vary. Infierpreters provide: Sign �ang�age Interpreting Orallnterpreting . DeafJBlind interpreting = `• For assis#ance in determining your interpreter rieeds, confiact.fihe RSC in your area. To schedule an (nterpreter, contact the IRC. THE INTERPRETER REFERRAL CENTFR The, interpreter' .Referrai Center (IRC) coordinates� requests for interpreter services ,to. enoble hearing� impoired • and hearing individuals to communicate with each other. ihe � Ir�ferpr.eter ReferraE � CenteF responds to requests for interpreters, from agencies, corporations, organizqtions and individ�e,ls. lnterpreters placed bythe !RC are qualifiecf to work in a variety of setting's, inc(uding: • Medicai • Legal •. Corporaie � r Education• . � Rehabilitation �• • Perforrriing Arts Any, group or individual needing interprefier • services can call the IRC. • � Iriterprete�s work' on ��i .freelance � basis and cliarge o f�e base.d on #he€r years af experl,ence in �the field and their level of - certiflcat(on. � . , � ' � ' For more information about the IRC and its S@N1C�S, C4ittQCt: . , Coordinator � . � Interpreter Referral Center • Minnesofia Foundation for Befiter Nearing and Speech St. Raul Comrrtunity,'Services� Building - �1b6 E. 4th St. �Suifie 320 • • St.,P6ul; Minnesota 55101 . �.: d12=29�-42491JoIceJTDD '. � . 1-800-657-366Q Voice/TDD • THE REGIC}NAL SERVICE CENTER FOR HEARING IMPAIRED P�OPLE The Regional Service Genfiers for Hearing lmpaired People (RSCs? assist hear(rtg impaired peop(e in accessing federal, state, county and local human services. 'fhe' Regional Service Genters provide: • Advocacy • Technical Assistance • Consultation • Trainiri� • Informatian/Referral The RSCs work to increase understanding of the needs c�nd abilities of h�aring impaired people. For consulfiation, technical assistance. or training regarding interpreters or hearing impairmenfi, confiact the. RSC in your area. METRO RSC Human Services Building 44d Lafayette Road � St. Paui, MN 55155-3814 612/�7-i31b V 612/297-1313 TDD EAST CENTRAI RSC 3341 W. St. Germaln Suite 100 St. Cioud. MN 56301 612/255-3502 V 612/255-3590 TDD WEST CENiRAt RSC 2015 South Flrst Street WUlmar. MN 56201 612I231-5176 VJTpD NORTHEAS"f RSC 6overnment Servlces Center 320 West Secand Streat . Duluth, MN 55802 218/723-4962 V • 2 i 81723-44b 1 TC1D VirgINa Offlce 505 West 12th Avenue Virginia, MN 5�792 218/741-5855 V/TDD NORTHWESI RSC 125 West Uncoln Avenue Suite 7 ' Fergus Foils, MN 56537 218/739-7589 V ' 218/739-75917DD � UPPER NORTHWEST RSC Hillvlew Offlces • Hwy �`75 & MN Streefi Croaks�an, MN 5b71b 218J281-1946 VJTDD , � SOUTt{EASi R5C 1200 South 8roadway Suite 140 . • Rochester, MN 55904 5071285-7245 V 507/285-7172TDD SOUIHWESI RSC Nichais Offlce Buiid(ng 410 Jackson 5treet S�tlte 480 � � Mankato: MN 56001 � � 507/389-6517 V ' 507/389-5361 7DD CITY OF MENDOTA HEIGHTS MEMO June 30, 1992 To: Mayor, City Council and City Administrat From: Kevin Batchelder, Administrative A�nt Subject: Joint•Workshop with the Planning Commission DISCIISSION The City Council has recently completed a Joint Workshop with the Parks and Recreation Commission and has discussed having a Joint Workshop with the Planning Commission as well. The Planning Commission has also discussed this matter at its last two meetings and desires to meet with City Council in a Joint Workshop. The Planning Commission is recommending that the fifth Tuesday in September, September 29, 1992 at 7:30 p.m., would be a possible date, if this is convenient for City Council. If the City Council agrees that September 29, 1992 should be the date for the Joint Workshop, the Planning Commission will begin considering what agenda ideas or issues that they would like to address at the meeting. They would provide a list of topics to the City Council for consideration prior to the September meeting. ACTION REQIIIRED Consider the Planning Commission' s recommendation for a Joint Workshop on September 29th at 7:30 p.m.. If the Council desires to confirm this date and time, they should direct staff to formally schedule the workshop and begin discussion of the agenda topics with the Planning Commission. To: From: Subject: CITY OF MENDOTA HEIGHTS I�20 July l, 199 Mayor, City Council and City Administra r Kevin Batchelder, Administrative As�� Enforcement of Park Ordinances Horses;on Trails DISCIISSION The purpose of this memo is to announce that the City staff will be beginning tighter enforcement of the park ordinances that prohibit horses from the improved areas of the park system, particularly the trails. The City is frequently receiving complaints about horses on the trails and about horse droppings. In addition, shod horses can damage blacktop on a hot summer day. The City's risk manager, in a recent review of' city trails, recommended that for maintenance, safety and health reasons that tighter enforcement should occur. Section 8.3 of the Parks Ordinance states: No person shall ride, lead, or permit a horse, pony, donkey, or other similarly sized animal in any improved areas of the public parks except in those areas (whether improved or not), where such anima.ls are specifically allowed by resolution of the City Council. "Improved areas" as used herein shall be deemed to mean areas which are mowed, paved, blacktopped or trails established or designated for pedestrian, cross country skiing, or bicycle use. Violation of thi Following City Council contact all known hors enforce this ordinance Heights Highlites an prohibition of horses ' ACTION REQUIRED s ordinance is considered a misdemeanor. acknowledgement on July 7, 1992, staff will e owners by letter announcing the intent to . Staff will also publish articles in the d in local newspapers announcing the in City parks and on City trails. There is no action required. This item has been provided for your information. CITY OF MENDOTA HEIGHTS MEMO July 2, 1992 T0: Mayor.�nd City Council FROM: Tom Lawell, City Administr � � SUBJECT: Sale of Used Vehicles DISCIISSION At the Council's last meeting, the Police Department was authorized to sell two 1990 squad cars as surplus equipment. Since that time, staff has begun to prepare the 1993 Budget and it has become apparent tYiat the two existing staff vehicles utilized by the Engi�eering and Code Enforcement Departments are in need of replacement. These two vehicles, a 1985 Chevrolet Impala and a 1987 Chevrolet Caprice, were at one time police squad cars and we have historically had good luck recycling old squad cars through these Departments as needed. RECOI�SENDATION Given the present condition of the 1985 and 1987 vehicles, and the likelihood that the 1990 vehicles will require significantly less maintenance, it is recommended that the 1985 Impala and 1987 Caprice be sold as surplus equipment, and that the two 1990 squad cars be converted for use by the Engineering and Code Enforcement Departments. ACTION REQIIIRED Authorize the sale of the 1985 and 1987 vehicles as surplus equipment and the conversion of two 1990 squad cars for use by the Engineering and Code Enforcement Departments. MTL:kkb CITY OF MENDOTA HEIGHTS l�+IEMO July 1, 1992 TO: Mayor, City Cauncil and City Admini FROM: James B. Danielson, Public Works Direct SUBTECT; No Pa�rking Signs for Ll.oyds Food DISCUSSIUN: Lloyds Food Products, 1455 Mendota. FIeights Road has had prablems with truck drivers who are making deliveries to their facility parking in the street too close to their driveway. When the trucks are parked at this Iocation, it screens the visibility of motorists exiting their parldng Iot to Mendota. Heights Road and there have been a number of close call accidents, They. have requested that a"No Parking" zane be established 50 feet an either side of their driveway (see attached letter). I have reviewed this request with Police Chief Dennis Delmont and he appraves of it. RECQMMEND►ATION• I recommend that the "Na Parking" zone be established as requested, that the City install the signs and bi11 Llayds far theix cost. No Parking zanes, in order to be enforceable, 'should be created by Ordu�ance, Council recently created a"No Parking" zane on the Crown Paint frontage road by mation. I recammend that the ordi.nance adopti.ng the Llayds No Parking area. also include the Crown Paint No Parking Area�. Review the Llayds request and i.f Council desires to implement the recommendaiion pass a motian adopti.ng Ordinance No. , AN 4RDINANCE PROHTBITING PARKING AT 1445 i��IEND4TA HEIGHTS ROAD AND CR4'�VN POI��TT FRONTAGE ROAD. � � � CITY OF MENDOTA HIIGHT5 DAKOTA COUNTY, MINNF�SOTA ORDINANCE NO. AN ORDINANCE PROHIBITING PARKING AT 1455 MENDOTA HEIGHTS ROAD AND CROWN POINT FRONTAGE ROAD SECTION 1. No person shall park or leave standing any motor vehicle on the north side of Mendota Heights Road, iifty feet on either side of the driveway for 1455 Mendota. Heights Road or on either side of the Crown Point frontage road from Highway 110 to Crown Point Drive. SECTION 2. DEFIlVITIONS For the purpose of this Ordi.nance: 2.1 "Motor vehicle" shall be deemed to mean any self-propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-pro- pelled vehicle. 2.2 "Person" shall be deemed to mean and include individuals, partnerships, association or corporations. SECTION 3. Any person failing to comply with the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by of a fine not to exceed $500 or by imprisonment for not to exceed 90 days. SECTION 4. This ordinance shall be in full force and effect from and after its publication accord- ing to law. Adopted and ordained into an Ordinance this 7th day of July, 1992. CITY OF MENDOTA HEIGHTS Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk V I� � o � J � • � • " • � w�. •�� • �• . .• June 22, 1992 Jim Danielsan Gity of Mendota Heights 1101 Victory Curve Mendota Heights, MN 55118 Dear Mr. Danielsan: We respectfully request permission to install four "No Parking" signs as per the attached drawing. This request is in respon�e to several relat�d accidents due ta cars and trucks being parked near the entrance of aur parka.ng l.ot. . If ther� are any questions about this matt�er plea�e contact Douglas Jentsch at (612) 68$-6000. Sincerely, L OYD� F OD PR T, INC. � � i .-� j.�-- Douglas Jen1�. 1455 MENDOTA HEIGHTS ROAD • ST. PAUL, MINNESfJTA 55120 •(G12) 688-6000 KEY: p s"NO f'ARKIPdG SIGNS" NOTE;NO PARKING Z�NE WOULO COVER �� ON BOTI�I SIDES OF PARKING LOT ENTRANCE � � MENDOTA I-IIEGI-ITS ROAD .,.�_ �Y __ _ _ _ — — — _ __ _ _ _ �_ r � : � CITY OF n�E�flDOTA HEIGHTS MEMO July 2, 1992 T4: Mayor, City Council and City Admini FROM: 7ames E. Danielson, Public Works r SUBJECT: Out of City Water Hookup (8raun) DISCUSSI4N• Mr. Dick Braun is planning on consiructing a hame at 1810 Delaware in West St. Paul.. West St. Paul daes not have City water available at ihat location so Mr. Sra.un would Iike to be allowed to hook up to the Mendata Heights' system. Several of his neighbors have already requested and been allowed to hookup to the Mendota. Heights main located in Delaware Avenue. In 1986 the City adopted a policy establishi,ng a charge far '"aut of City"' utility cvnnections. Calculating Mr. Braun's hookup charge accarding to that policy yields a$2,'772 fee, see below: 120 (feet of fmntage X$8.Q0 (per front faot) X 1.15 {aut of City averhead factor) = $1,104 + '7°lo interest for 19 years = $1,468 + Water Availability Charge {WAC} = 200 TOTAL = $2,772 RECOMIV�NDATION• .I recommend. that Mendota Heights a11ow Mr. Dick Braun to haokup to Mendota Heights' water system for a cannection fee of $2,772. ACTIQN �:EOUIRED: If Council desires to implement the recammendatian they should pass a mativn allowing Mr. Braun to hookup to the Mendota Heights watermain subject to receipt of a$2,772 connection fee. June 25, 1992 Mr. Jim Danielson City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Danielson: I am planning to build a home on a lot just north of Marie on the east side of Delaware which is on the West St. Paul side. The water line, for access to the property, is on the west side of Delaware in Mendota Heights. The address of the property is 1810 Delaware Ave., West St. Paul. I am writing, therefore, to ask for authorization to hook up to the Mendota Heights water line. Thank you. Sincerely, Dick Braun Suite 100 1875 Plaza Drive Eagan, Minn. 55122 683-8215 � + ,� rt ---^-----APR 15 '92 12:�� MaX��N � R�50i.IATES ;r �'. � ".1 � r..�� ..�..� �+.�► �.r�.r�� • �� "Ki.�� ♦ . . ' � � ."'--^'�'^ _ � � • . . 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'"" " . _ .. . _ _ _ CITY OF MENDOTA HIIGHTS ,, _ � M� July 2, 1992 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works uec SUBJECT: Dodd Road/Trunk �iighway 110 Inters ' n Improvements 7ob No. 9102 DISCUSSION: � At a June 18, 1992 workshop meeting, Council reviewed proposals for improvements to the Dodd Road (Trunk Highway 149) and Trunk Highway 110 intersection as presented by City Planner 7ohn Uban. At that meeti.ng Council took various aspects from several of Mr. Uban's different plans and arrived at a new la.yout. Since that meeti.ng the planner has redrdfted the plan that incorporates the direction provided by Council at the workshop. This plan has been sent to Mn/DOT for their review and approval, and has been sent to the area landowners for their review. Tom Lawell and I have personally met with several of the larger owners and those more impacted to get their reactions. These owners/operators included Dakota County Bank, Paster Enterprises, Chuck Thomey (Standard Station), and Briaa Birch. Staff will continue to meet with property owners next week and has already arranged meetings with Lor�ine Hohenstein and Mendakota. Country Club for Ju1y 6th. To date no one but Mr. Birch as expressed any serious reservations about the proposal. Mr. Birch is opposed to the proposal and submitted an alternative plan which includes an elderly housing facility on his portion of the Trunk Highway right-of-way north of Trunk Highway 110. His plan showed a bridge over Trunk Highway 110 along Dodd Road's current alignment. We have asked our planner to analyze the elderly housing proposal and asked Mn/DOT to analyze the bridge solution (see attached reports). Staff has notif'ied commercial landowners of tonight's meeting by mail and published in the paper for the general information of all, inviting anyone interested to attend. Planner Uban will be at the meeting and be prepared to present the proposal to the audience. A Mn/DOT representative will also be present to respond to questions. ACTION REQUIItED: Conduct the informal "town meeting" and receive input from the audience. Council should then consider endorsing the plaa and directing staff to work with Mn/DOT on the disposition of the right-of-way. . SENT BY�MN-DOT Oakdale . t�'�t1NCSOTq � � 7- 1-92 � 3�09PM � MN/DOT OAKDALE� 612 452 $940�# 2 � .� � �llnnesot� Dep�rtment of Tren�portetion Metropollt�n Distrlct Tranaportatlon Bulldin� 8t. Paul, Minnesota SS155 �� Oakdale OEfice, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2Q55 North Lilac Drive, Golden ValIey, Minnesota 55422 July 1, 1992 Mr. 7im Danielson City of Mendota Heights 1101 Victaria Curve Mendota Heights MN 5511 S Dear Mr. Danielson: SUBJECT: TH 110 and TH 149 Reply to Oakdale Office Telephone No. 779-1204 As you requested at our� meeting on June 24, 1992, I have reviewed the concept of a diamond interchange at this location which was submitted to you by mr. Birch. He apparently spent some time preparing this since he considered elevations. However, the concept does not meet Mn/DOT standards, such as for starting through lanes or turn lanes and lengths of turn Ianes. A compressed diamond desigri reduces the distance between ramp terminals to about 300 ft, but requires more width to develop turn lanes prior to the terminals. As you recall, a diamond interchange was designed at this eastern location. A comparison of the right of way needed to meet Mn/DOT standards and lane development could be easily made with this concept of Mr. Birch. I believe the original proposa� would result in fewer impacts to businesses and less new right of way than this one by Mr. Birch. You may also recall that the proposal was dropped �due to severe right of way� and business impacts. If I may be of further assistance in this matter, please call. Respeetf lly, � Robest S Brown, P.E. Planning Engineer An F,ar�al f7nnt�rfinni►v FmnlnvPr �• • � c. INCO21'ORATCf) CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE IJORTH SUITE 210 MINNEAPOLIS, MN 55�01 C12 339•3300 1 July 1992 Honorable Mayor, Ciry Council and Planning Commission Members c% Thomas Lawell, City Administrator City of Mendota Heights . 1101 Victoria Curve . Mendota Heights, MN 55118 RE: Informal review of sketch plans for elderly housing on parcel north of Highway 110 in unused Highway 149 right-of-way, submitted by Brian Birch. Dear Mayor, City Council and Planning Commission Members: Background We have examined the preliminary sketches provided by Mr. Brian Birch showing his idea for developing an elderly housing faciliry on a portion of the unused Highway 149 right-of-way behind the commercial strip on the north side Highway 110. The sketches provided aze very rough and have been submitted for discussion purposes only. No application for any official action from the City has been submitted at this time. Since the sketches do not provide a great deal of detail, this review will concentrate on the general planning issues and major site design features related to Mr. Birch's concept for elderly housing. , Mr. Birch is the underlying fee title holder for a portion of the unused Highway 149 right-of-way and has expressed the desire to develop this land on several occasions in the past, though the plaris being reviewed at this time have never been submitted before. The property in question is shown on the attached map and will be referred to as the "subject property" in this review. As you know, this land is included within the azea being studied for a possible roadway connection (with bridge overpass) intended to provide a safe pedestrian route over Highway 110 and create a stronger connection between the areas north and south of Highway 110 within the central commercial area. Development of the subject properiy, as shown on Mr. Birch's sketches, would place serious doubt on the feasibiliry of a roadway connection through this area. Essentially, the City must evaluate the benefit bf Mr. Birch's elderly housing development versus that of the proposed roadway alignment as currently contemplated. It should be noted that even if Dodd Road were realigned according to the current concept plan, there would still be a significant parcel remaining adjacent to Mr. Birch's existing property that could be developed. The remaining parcel would probably not accommodate the structure as shown on the sketch submitted for this review, but a more efficient rectangular structure could be built. � Birch Elderly Housing Plan Review 7 July 1992 Page 2 Discussion of Issues Land Use It appears as though the project is intended to be an apartment-type elderly housing faciliry. This is not intended to be a nursing care facility nor does it appear to have any shared kitchen facilities. The units would, therefore, seem to be self sufficient. Essentially this use has the same characteristics as a multi-family apartment building. , Elderly housing is in relatively short supply within the City and has been discussed as a possible use in the area south of Highway 110 in the past. Elderly housing is most appropriately located in areas where there are parks and shopping nearby. It is essential to have these facilities within walking � distance and preferably without major obstructions like busy roadways between them. It is also considered preferable to locate such facilities in areas where views of attractive amenities are available. The subject property is located directly behind a small commercial strip that includes a Tom Thumb store, a gas station and an animal clinic and grooming facility. To the north and east of the subject property are residential areas or vacant parcels zoned for single-family residential use. Highway 110 is immediately south of the site. The City owns the parcel immediately east of the site. This parcel is currenfly used as a fill site. The ultimate use of the City's parcel will also have an impact on the compatibility of the elderly housing project. This site was at one time considered for the new Ciry Hall that was subsequendy built at Lexington Avenue and Highvuay 110. The City-owned site has also been considered for townhomes and single-family use. Single-family homes would probably meet with more acceptance from the owners of the existing single-family homes in the South Freeway Road area. Townhomes would be a more appropriate neighbor for an elderly housing facility. �, � There are two city parks located roughly equidistant from the subject property. These are Valley Park to the northwest and Friendly. Marsh park to the south. The northern tip of Friendl�y Marsh Park is roughly 1/4 mile south of the site. Valley Park is nearly 1/2 mile from the site though there is a public trial leading to this park that cunently terminates on the west side of Dodd Road at the intersection with Highway 110. Dodge Nature Center, a large private nature preserve, is located immediately south of Highway 110. All of these facilities are separated from the subject property by major roadways that currently experience heavy traffic flows. Dodd Road sepazates the site from the trail to Valley Park. Highway 110 is between the site, Dodge Nature Center, and Friendly Marsh Park. The separation from the surrounding parks and open space signiiicantly diminish the viability of this site for an elderly housing faciliry. The plans provided by Mr. Birch show a trail connection under Highway 110. If feasible, this connection would offer safe access to the �Mendota Plaza Shopping Center, Dodge Nature Center and the public trail leading to Friendly Marsh Park. This assumes that future development south of Highway 110 could be coordinated to maintain the trail connection. After reviewing the plans we have the following concerns regarding the proposed trail connection: The trail would require a tunnel that would be expensive and provide only pedestrian and bicycle access. Birch Elderly Housing Plan Review 7 July 1992 Page 3 2.. The elevation of the tunnel would be lower than the surrounding area and would require storm sewer catch basins at both ends to prevent flooding. 3. The tunnel would be 150 to 200 feet long and would have to be lit. 4. The tunnel would present a security problem and may require additional police surveillance. 5. Walking through a 200 foot long tunnel does not make for a good trail experience. 6. The tunnel would require MnDot cooperation and approval. In addition to these concerns, it appears that it would be difficult to get people from the elderly housing facility to the tunnel. Assuming the housing structure would be constructed at roughly the same elevation as Freeway Road, the main floor of the building would be approximately 30 feet higher than elevation of the tunnel. Traversing this change in grade would require either steps (not handicapped accessible) or a sloped ramp. Depending on how the site is graded, this ramp could be as long as 300 fePt. Many of the issues identified above could be eliminated by installing a pedestrian bridge instead of a tunnel. However, MnDOT has expressed r�eluctance to allow such a structure in the past. A pedestrian bridge also comes with construction and maintenance costs. The subject property offers little in terms of amenities for use as an elderly housing facility. The property is located at the rear of several retail establishments. Views of the backs of these buildings would have to be screened with fencing and/or landscaping. The view of the highway and the associated noise would also be detrimental for this use. The structure on the plans is roughly 300 feet from the traveled lanes of Highway 110. This distance allows some of the highway noise to dissipate, but on a recent site visit, we found the noise noticeable. With respect to the noise and negative aspects of being near a highway, the plans for the building show an interior courtyard intended to provide opportunities for outdoor activities in a protected environment. While this is acceptable for some activities, it falls short of eliminating the problem. The site plan also shows a putting green and other recreation facilities scattered around the site, outside of the building. From the standpoint of a land use relationship and available amenities, we believe the area south of Highway 110 is significantly better for an elderly housing facility. Site Desi�n The subject property is approximately 5 acres in area including the portion of the property owned outright by Mr. Birch. The parcel is somewhat unusual in shape, with access off of Freeway Road. There is also a sliver of land that extends to the frontage road to the east that measures approximately 60 feet in width and could provide access from the frontage road. � The subject property falls into two zoning districts. The western half of the site is zoned B-2 (neighborhood business) while the eastern half is within the R-1 District. Multi-family residential development is not a permitted or conditional use within either of these districts. Therefore, an elderly housing facility of the type shown on the site plan would require a rezoning to R-3, High Density Residential. � Birch Elderly Housing Plan Review 7 July 1992 Page 4 The site meets the minimum lot size and area requirements for a multi-family development of 30 units as outlined in Section 12.4(4) in the Zoning Ordinance. However, the location of the garage along Freeway Road does not meet the 50-foot front yard setback in this district. The principal structure is also nearer than the required'44 feet from the rear lot line on the south side of the ' property. The plans provided for review show a generally round structure containing 15 individual housing units surrounding an open court with a swimming pool and other facilities. The plans show a single access drive off of Freeway Road. There is a parking area between the main structure and Freeway Road. This parking area includes three multi-stall garages housing 32 stalls and 19 surface pazking stalls. The plan shows one long parking garage orienterl parallel to Freeway Road. While the plan shows 15 units, there appears to be enough pazking for roughly twice as many units. Presumably the structure could include two stories of 15 units each. In addition to the fact that it is located closer than is permitted in the R-3 District, the location of the parking garage along Freeway Road presents and undesirable image from the street. This structure is 300 feet long and appears to be an uninterrupted wall. The parking garage would be better located at the rear or to the side of the site. The front yazd should be preserved for an entry drive with a turn-around and landscaping. One solution for the parking would be to construct a parking deck under the structure. This would allow for more open space adjacent to Freeway Road and would reduce the amount of fill necessary to construct the building. Access to a below-grade parking deck could be provided off of the frontage road to the east or off of Dodd Road to the west, if additional property were purchased south of the gas station. Constructing a parking deck would add considerable cost to the project and would increase the number of units necessary to make fhe project economically feasible. The units themselves appear to be approximately 2,000 square feet in azea. This is large for an elderly unit and could be di�cult to market. The building could be reduced in size or the number of units per floor could be increased to reduce the unit size if necessary. The site plan includes several symbols and other markings that we could not decipher, though we believe they represent landscaping and other recreational facilities. Sincerely, DAHLGREN, SHARDLOW, AND UBAN, INC. 1 � �� John Uban, Principal /tgm Attachment. i ',�::`:v7i��., I�'i� , "? '� i' � h,'�•;:�.`-. ;� .'�:� . � •t: ,. � �'T^��a.c:�:�� . 4 i . , :i� ',��^+' '(� t'';�'v":;;;•,`,T� :. y, (' ': "•i_::.. i i Y..•: �m� i � � wl� • � �� j•. • , ( � i i � �': , �a�`-'...:� s'� ti'' �'i� , �' �s��.,� �'t,'i�� . �si.�y��.'� i,� � t }, . ' ' �' �1 ' °"� 1;• �� ,� �S i'�•'' .� .. .�.•' iy'(t'jt ,f. � � %��i.'i , . �`t�� p� 8� � ,�: y � ,� 4 i'�;c�.'��:i �+,`: :`�- 1� �ir' T}r:'! 4•j;�.f�+ � f i ti �. �:j,: .x �4 �ii.:''s.i« M��f, i �. �..t� .. ��. 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" ' ,, � + ```�� `r „ . � f , e � �� A Q , � �" � . O� �� ..b`.�`` i� ' i ��`'� r'I � �i' � � � �� _,.j___ , `;'�• • "�� ,'� �i ;, � �. U p pj , � • t o .,ry1� ,,, �, _.. t . �. � �.��: ' � .,�� O�r� ,/'��.�5 � / � � •�� y1\�� 45 � , � . � �� 4 � ��r . �j� ! y p�� ' (�'�y � i"•. . ...�1 � '' :r�."r _ � . F' s�ei y�� i ' �J 01l _� . _.� i � �O (!T`�Y��N1��'..i �`�` i f �. � ;* r CITY OF MENDOTA HEIGHTS MEMO T0: Mayor�;City Council and City FROM: SUBJECT: June 30, 1992 Admini a r Kevin Batchelder, Adrninistrative A s t Faith Church of Glory Request to Review Special Permit DISCIISSION On March 19, 1991, the City Council denied a request for a Zoning Ordinance Amendment �nd Conditional Use Permit by Mr. Ralph Linvill and the Faith Church of Glory to allow a church use•in the "I" Ind�}strial Zone. The Council did, however, pass.a motion granting a Special Non-Conforming Use Permit to allow the applicant to remain as a tenant until the expiration of its current lease. Approval of the motion was conditioned upon the Church meeting all building and fire code requirements. •(Please see attached staff letters and March 19, 1991, Minutes). At the time of approval, the applicants were directed by letter to satisfy the building and fire code requirements, however, these codes have not yet been satisfied. The Church's lease expires in September and Linvill/Faith Church of Glory are requesting an extension of the Special Non-Conforming Use Permit. (See attached letter from Mr. Rollin Crawford). ACTION REQIIIRED Meet with Faith Church of Glory and their representatives to discuss their request to extend the Special Non-Conforming Use Permit and determine a course of action. KLB:kkb . �. � , Page No. �._S07 � � March 19 �,'-' 19 91 �. . (IMPROVEMENT NO. 89, PROJECT NO. 7) ," bids to be received on May 2, 1991. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 Koch MENDAKOTA PARK BIDS � Ayes: 4 Nays: 0 STREET SWEEPING Ayes: 4 Nays: 0 Council acknowledged a tabulation of bids received for construction of the Mendakota Park project. Councilmember Cummins moved to award the contract for Mendakota Park improvements to Friedges Landscaping for their low bid of $409,531.69. Councilmember Koch seconded the motion. Council acknowledged a tabulation of bids received for 1991 street sweeping. Councilmember Koch moved to award the contract for street sweeping to Knutson Clean Sweep for their low bid of $51.00 per hour. Councilmember Smith seconded the motion. CASE NO. 91-05, Council acknowledged a memo from Administra- �LINVILL tive Assistant Batchelder and proposed ordinance and resolution language with respect to the Linvill/Faith Church of Glory applications for zoning ordinance amendment and conditional use permit. Mayor Mertensotto informed the audience that a public hearing on the applications had been conducted and closed at the March 5th meeting but that the City Attorney was directed to review the language of the ordinance proposed at that meeting. Attorney Hart had made suggestions as to how an ordinance amendment might be phrased. Mayor Mertensotto stated that in his opinion, the issue is whether Council wishes to permit churches in industrial districts. He felt that amending the ordinance would set a bad precedent. Iie stated that Council is aware that the Faith Church of Glory leased space in the Dakota Business �laza in good faith and without prior knowledge with respect to the City's zoning requirements. The church has spent money in taking up occupancy and have moved into the Page No. 3008 March 19, 1991 space. He felt that these are mitigating circumstances and that if Council denies the ordinance amendment, it could consider granting a non-conforming special use status to the church until its lease expires in September of 1992, conditioned that the church meets all building code requirements. Mr. Rollin Crawford, legal counsel for Ralph Linvill/Dakota Business PlazaR stated that he has reviewed the City Attorney's redraft of ' the proposed ordinance language and has found that it was acceptable except for the provision that limits the total space to 3,000 square feet. Mayor Mertensotto stated that the question is not one of square footage but rather the issue of use - if the church wants to undertake the expense of two bays it is a decision the �1O�G church must make, .as long as all building cod� ��' requirements for assembly space are met. Mr. Crawford responded that Mr. Linvill's firm does the kind of improvement that is required and that the church has said it will comply. Councilmember Roch moved to deny the application for zoning ordinance amendment to allow churches in industrial districts as conditional uses. Councilmember Smith seconded the motion. Ayes: 3 Nays: 1 Cummins Councilmember Blesener arrived at 8:00 P.M. Councilmember Cummins moved that inconsideration of the fact that the Faith Church of Glory is innocent of any wrong-doing in the leasing of space in the Dakota Business Plaza and has e�cpended funds to improve ti�e space, Council grant to the Faith Church of Glory a non-conforming special use permit for the term of its lease which expires in September, 1992, conditioned upon the Church meeting all building code requirements with respect to church assembly and group occupancy of the leased space. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Blesener :-a Page No . _ ., 09 March 19, 1991 Mr. Crawford informed Council that the applicants will comply with the building code and will not come back before Council for variances from the code. ISO FIRE RATING Council acknowledged memos from the City Administrator, Fire Chief and Assistant Chief recommending that Donald W. Wickstrom be retained to evaluate the City's readiness for its upcoming ISO fire rating inspection. + Fire Chief Maczko, present for the discussion, informed Council that he was made aware earlier this evening that Insurance Service Organization (ISO) representative Gary Dykstra had informed the Mayor that ISO provides the proposed evaluation services at no charge. Mayor Mertensotto informed Council on his conversation with Mr. Dykstra. Fire Chief Maczko stated that he will contact Mr. Dykstra and asked that Council table action on the matter. PARK NAME CHANGE Council acknowledged a memo from Administrative Assistant Batchelder with respect to a recommendation from the Park Commission that the Mendakota Park name be changed to the Mendota Heights Community Park. It was the consensus of Council that the park should continue to be named Mendakota Park. TEAM BUILDING �Council acknowledged a memo from the City Administrator•regarding tre scheduling of the Council/Commission team building session. Ayes: 5 Nays: 0 Councilmember Blesener moved that the joint Council/Planning Commission/Park " Commission/staff team building session be conducted at 6:30 P.M. on Wednesday, April 24th. Councilmember Smith seconded the motion. COUNCIL CONIlKENTS Mayor Mertensotto gave the Council a status report on meetings of an interactive planning group, formed by the MAC, of which he and Administrator Lawell are members, to identify . environmental issues and the potential impact . . . . . � . . . � . . . . � C.:1��.. . oi . . . .. 3T ..i1 . � � .��ier�►dota I-��zi; hts Mdz'Gh 21 � 1991 Faith Church af Glory Pastor John Zimmermann 2441 Pilot Knob �taad Mendata Heights, MN 55120 Dear Pastor Zi.mmermann, I am writing to formally natify you that the Ci�y Council, at their March 19, 1991 meetiftg, granted �he Faith Church of Glory a Special Nan-Conforming Use Permit �hat allows �he church to •reivain as a tenant in Dakota Busi.ness Plaza for �he remainder of the lease. It is our understanding that this lease runs thraugh September of 1992, . � ' A� you are aware, the City Caunail denied Mr. Linvill's request ta amend oux Zaning Ordinance to allow the church to rema3.n as a Conditional Use. The City Council granted your permi.t to remain on the candi�ion that all applicable building and fire codes_are.;. ' . � met. The Special Non-Conforming IIse Permit goes intci`:ei'fect-°after�=:�:-- ._ : - � the building and fire�..codes :have been -addressed and'=•me�:��"�`:��-;:1`�3:'y`c�:'":•�-� .. -• • ��;:�-,>;. �.Mr. Linvill has� beeri�,=riat�.fied:.,of:=the� C ty�.s��:actio� "�' �� ` � � ��~:._ . . i n°_-�.and�:�has�: been�,>" ' � znstructed to meet �� •with the � City � . Fire Marshall ��.. -and �= the = �<� Code � � ' �. ��-Enforcement Offiaer. °�� I• •have attached a� copy of the':�notification�''"�` . letter that has been ' sent� to Mr. Linvill . . - �' -: �° � �`L �-: �° � •` • • Should yau "have .any : questions; ar concerns, � please ;�contac� • me`''at�;�."� 452-1850. �� . " • ' � • .: , - . . � Sincerely, l.,Q�cMy..--� �F��:r'c�-.�.�� - - Revin Batchelder Administrative Assistant cc: Paul Kaiser Paul Berg . ,. . 1101 Victoria� C 'r 1Vi.e � � Heights;� '`'��4` '�M.� � �-' _- � rt� urve� �: ndota �1ViN. �.55118 �:�� = �`i:�:� =.. . . ,. '452 �1850'�F �� -: = `� � ., • . . . . . . . . � . . . . � it3i'�� 0�� ♦�. j .�, ��,�IlC�t3t�, �t�l��"1tS March 21, 1991 Ralph Li.nvill 11975 Portland Avenue South, Suite �#126 • . Burnsville, MN 55337 Dear Mr. Linvill, I am writing ta forinally notify you that the City Council, at their March 19, 1991 meeting, deni.ed your requested Zaning Ordinance Amendment and Conditional Use Permit to allaw Churches in the Sndustrial.Zoning District. This decision voncludes any action an Flanning Application No. 9I--o5, on fil.e at the City. The City�Councii did; hawever, grant a Special Non-Conforming Use Pe�nit to Faith Church of Glory to enablc� them to remain as tenan�.s in your building through the te�m of their lease. According t.o a finding af`fact, in the public record of Planning Case No. 91-t�5, this lease expires in September of 1992. This Special Non- Confarming Use Permit is granted t�o.the Faith Church of Glory, and anly,to the Faith�Church af Glory, and in na manner, or form, ex�ends to�any ather tenant. � The 'Speaial Non-Canfor�ni:ng Use Permit � was granted with the condition that all applicabl.e Uniform Building Codes and Fire Codes that�are required will be met. It is our understanding that yau are aware of these cad� requirements. Paul Raiser, City Fire Marshall,-and Paul Berg, Code EnE'orcement•4fficer, are available and shauld be contacted to discuss these code requirements.:_ Should you have ariy questions or cancerns, p3ease cantac� me at 452-1850. • Sincerely, � �'-N"7•�., ,��i?i�c,�f.��4,%...�. Kevin Batchelder Administra�ive'Assistant cc: Paul Berg Paul Kaiser Rollin CrawE'ord, LeVander, Gi17.en and �Miller 402 Drovers First American Bank Building 633 South Cancord Street, P.O Box 298•� . South St. Paul, N�3 55075 . 1141. Vietoria Curve •.1Vfi.endota Heights,' 1ViN = 551I8 , 452-185U ATTORNEYS AT LAW LEVANDER, GILLEN & MILLER 633 SOUTH CONCORD STREET SU[TE 402 P.O. BOX 298 SOUTH ST. PAUL. MINNESOTA 55075 612-451-1831 FAX 612-450-7384 May 8, 1992 A Mr. Tom Lawell, City Administrator i101 Victoria Curve Mendota Heights, Minnesota 55118 Re: Dakota Business Plaza/Faith Church of Glory Dear Tom: ARTHUR GILLEN ROGER C. MILLER PAUL H. ANDERSON TIMOTHY J. KUNTZ DANIEL J. BEESON ROLLIN H. CRAWFORD KELLY J. NEILAN KRUELL KENNETH J. ROHLF HAROLD LEUANDER RE7'IRED Enclosed please find a copy of the letter I have sent to the Mayor and City Council regarding the above matter. Kindly= inform me as to the proper procedure for getting this matter on the council agenda and the date when that might occur. In spite of all the time that your staff and I spent •attempting to amend the ordinance previously, I believe that proceeding by extension of their past temporary permit ,may be the most suitable approach under all the circumstances. Please give me a call with your observations as to the proper proc�� in this matter. V�y uly yours, / � Rollin H. Crawford RHC:ln Enclosures FORMERLY LeUANDER, GILLEN, MILLER, ANDERSON & KUNTZ < ATTORNEYS AT LAW LEVANDER, GILLEN & MILLER 633 SOUTH CONCORD STREET SUITE 402 P,O. BOX 298 SOUTH ST. PAUL, MINNESOTA 55075 612-451-1831 FAX 612-450-7384 May 8, 1992 Honorable Mayor Charles Mertensotto and Members of the City Council City Hall 1101 Victoria Curve Mendota Heights, Minnesota 551�8 - Re: Dakota Business Plaza/Faith Church-cif Glory Dear Mayor Mertensotto and Members of the City�Council: ARTHUR GILLEN ROGER C. MILLER PAUL H. ANDERSON TIAiOTHY J. KUNTZ DAn1EL J. BEESON ROLLIN H. CRAWFORD KELLY J. NEfLAN KRUELL KEA'A'ETH J. ROHLF FIHROLD LeYANDER RETIRED On March 19, 1991 the City Council '�passed a resolution permitting the occupancy by Faith Church of Glory of space in the Dakota Business Plaza. (copy attached) The resolution limits the permit granted to the term of the lease which eapires in September of 1992. The church and landlord are intending to egtend the lease for an additional year and are hereby requesting that the City Council eztend its permit for the same period. Having been through a fairly egtensive discussion of the matter at the previous meetings, we realize that there may be divergent views on the suitability of the church in the Industrial District. To avoid the question of permanently changing the zoning ordinance, we are simply requesting an extension of your previous resolution. For the benefit of those who were not present for the previous discussion, let me set forth briefly the reasons that we believe that your original resolution and its egtension are appropriate: a. b. c. �The church is a legitimate rent paying tenant that assists the landlord in paying its ta$es and other operating egpenses in order to remain viable. The church use is a very compatible use with other office/warehouse uses because of the complementary hours of operation. During the period of occupancy there have emerged no problems or complaints regarding the use. FORMERLY LEYANDER, GILLEN, M[LLER, ANDERSON & KUNTZ Mayor Mertensotto May 8, 1992 Page Two d. Numerous other communities have recognized that the relatively low cost of industrial space and the compatible use characteristics provide an ideal incubator situation for new church congregations. Those other communities were partially listed at our last, meeting, but they included Eagan, Eden Prairie, Minn�tonka, Bloomington, Brooklyn Center, Brooklyn Park, Minneapolis, and Burnsville. In addition to the planning considerations mentioned above, there is an underlying constitutional question that arises anytime government regulates church activity, location, or expression in this country. While the constitutional issues have not been discussed in this matter, we should not ignore that they may be present. A recent case involving a church/zoning matter arose in Hastings, Minnesota that included many' of �the same issues that we are faced with in this case. The case ultimately was appealed through the federal courts to the Eighth Circuit Court of Appeals with a ruling that basically said that churches can not be excluded from commercial zones. (Cornerstone Bible Church v. City of Hastings, November 1991) In any event, we believe that the eztension of the previous permit granted by the Council will enable the continuation of the use without causing any negative impact on the subject or surrounding property. _By separate letter we are requesting the opportunity to discuss this matter with the Council at the next available opportunity. I anticipate attempting to reach individually in order to respond to have rior to the council meeting. ince ely, �y-E%�� ' Rollin H. Crawfor RHC:ln cc: City Manager City Attorney Ralph Linvill Rev. John Zimmerman members of the Council any questions you might ,� . . .:.. � ity o�_ _._ _ �,�.,� . ��iC'.�1C�C'ft2� H�1�,i1�S June 16, 1992 Mr. Rollin H. Crawfard Levander, Gillen and Miller 633 Sau�h Cancord Street, Suite 402 P.O. Hox 298 •; South St. Paul., NbV 55075 Dear Mr`��u� rd: As outlined a.n your letter dated May 8, 1992, the Faith Church of Glary presently occupies space in the Dako�a Business Plaza subject-to a special permit granted by the City Council on March l9, 1991: The permi.t was issued by motion of the City Council and is valid through the term of the current lease which expire� in September 1992. As we�discussed via telephone earlier'this month, it is your wish to have the City extend the special permit for a period of one year to September 30, 1993. As we agreed, this matter has been scheduled for City Council reconsideration an Ju1y 7, 1992. ' In reviewing the conditions which accompanied the Council's March 19, 1991 approval, S note that the Church was specifically required to mee� "aII building code requirements with respect to Church ass�mbly and grau� occupancy of the leased space". From our building permit recards, it does nat appear as if this work has yet been completed. I suspect this matter will weigh heavily in the Gouncil's consideration whether or not �o extend the special perm.it, and encourage you to be prepared on July 7, 1992 to specifically address how and when these improvements will be ma.de. It �.s my intention to distribu� �he Council in adv�n.ce of the meeting your letter to me dated N�u'�e�. 8, Z992 along with a coPY of the City Council Minutes dated March 19, 1991. Should you desire the Council to receive additional material prior to th� meeting, please deliver the a.n.formation to me no 1.ater than July 1., 1992 so it may be included in the Council's agenda packet. have, Please�feel �ree to cantact me with any questions you may Sincerely, CI ME OTA HBIGFITS �� To�e City Administrator 1101 Victoria Curve • 1Viendota Heights, 1ViN • 5v118 452 • 1850 �� .: ��- . � �. . 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(�- , , , � (y�M.• ''' ' • � ..+� ' �` , �� . ? \ "SW � � � � '^'• .. � ' i• : � - ��y�� _ r .. �, r: � �} � � ' • • ' . ai.%�` � /' 1 �� •`+ 1 �( � ,. � , . � .... _:,st , . � � - , Q , �.--�.�"' ir�! --• ' �' �"f �,� °� ';�' `� �� _ -- ' � Q, i• ' ��'� r �w• • t .�' � �`� �� } , {'y � �' , , ii� 13 � � . :.sv+�?'�`�� _':��'...�.�� .'.i:s. . . •r.ivit { I':� � 7 � ! n' ." . i� 7 '-- i /• .' ! � r - , . 0 J� � _,��_ . ' �P �' � � '3 t�` ' "t'- . � '�•. M,�� .�,r ,;�, s,��.}5G',�b=�'`t" :.7� � .. . a•. . .. �i � � . � �, ., , �M"� C� ,J ,-� / k�i1 F�'�r � � a� � y� _.�_.... ..__._ .3pp o1 � ��p a � . ��. , r� • ' !�!�� '�� : , h � /�� ' �i�� . ��,.� =�' �� .•' ��ii � �� `�� ,,,, �,,�.� �, �� z r GOAL.S 1985 city Task Force Committee ` � � .q.�n�kcX � 3.v�w� a.,�. C�� Z 1. To create a safe and efficient crossing at 110 & 149 giving optimum access to existing and future businesses. 2�. Create a focal point to enhance the 110 & 149 shopping centers. 3� To enhance the potential for existing and expanded business. � 4�. To protect the enviroment around this area; neighborhood, golf course, aind Dodge Nature Center. 5. To provide access for, develope, or preserve any land in the 149 corridor not needed for the highway. ewspaper- "Southwest Review" 7-6-92 1. To increase safety. 2I. To enhance circulation into the commercial areas. 3. To spend very little money. 4�. May attempt to purchase the state's easement rights � . ""f t r , � '" •i"•• • II i,. . � �� . . � :.S • ... • i �. ..1 � '� �`� 4 � E Brian Birch's GOALS e as the1985 city Task Force Committee: � 1. To create a safe and efficient crossing at 110 & 149 giving optimum �ccess to existing and future businesses. �. Create a focal point to enhance the 110 & 149 shopping centers. �. To enhance the potential for existing and expanded business. • To protect the enviroment around this area; neighborhood, golf course, nd Dodge Nature Center. �. To provide access for, developE, or preserve any land in the 149 �orridor not needed for the highway. Same as Newspaper- "Southwest Review" 7-6-92: 1�. To increase safety. 2. To enhance circulation into the commercial areas. �. To spend very little money. M jr added goals: � " F• � 1 ..' .�-n �n.. :r.}'i � ` � � •L., r3: �,,_,'S..y : ,1�„ ,rs� - 9vh 7+ �5 . �:i' �:. C•:: ..�. ;i^1`s'l..�F.r„'�:,'+`;,i'�'}k�'��.I`�.�;?C':";jc•^..�',n.,t��,i��. .dy`. •�.1 h�._ ,;i:M'.t"°.;a„'�.,prV' 'L;',. � ,., ,,`t4:., i,....ii' ... '��'4'••>j'`:.{,t�'�F •rA':`� �'.•,, �i=';;^� '1. �' ., .. � ' f ._ .:• ..,. � .-..�.,�., ' . •.. . 1, . To exercise my rights of Lis Pendens to the northern half of the proposed 149 Hwy right of way south of Freeway road and north of Hwy 110. 2. To plan and develope all of the above land in a fitting maner; such as commercial or an e�derly housing complex . 0 .� Brian Birch's conclusions on Hwy 149 proposais before the council 7-7-92. 1. See ail of the corriments to the city planner's May 15, 92 report, and to the news article in the 7-6-92 "Southwest Review". 2. Do not build any roadway in the easterly Hwy149 corridor. 3. Dedicate all of the land in the corridor south of Hwy 110 for permanent park and trail use, if th� underlying fee owner does not retain rights. Tie in the trail system with the existing city park system and the Dodge Nature Center if they would approve. Preserve this untouched meadow and wettands � � for gene'rations to come. � � ' ` i � 4. Immediately notify Mn DOT, so that Mn DOT can release all holdings of land to the rightful underlying fee owners. 5. Leave utilities in place where acceptable. 6. Construct an overpass diagonally over the Hwy 110 and 149 intersection for safe pedestrian passage; to link up the north and south city trail system, and the shopping center. A spiril sloped ramp is suggested and has been discussed with Mn DOT as a viable method. 7. Construct north and south turning lane movements on the existing Hwy 149 to service all commercial establishments in the 149-110 area. A new plan was discussed at Mn DOT today, 7-7-92. � ' i .' Response to newspaper articie in the July 6, 1992 "Southwest Review" By Brian Birch, 452-2266 - Problems I have with the content of the article. 1'. P# 3&4 : Concerning bikers, pedestrians and commuters. "In 10 years t�here have been "at least 25 accidents reported--about 6 involved hit �and r n, or injuries." this is trying to link cars with pedestrians which is not a roper conclusion to drav� �--�� P#6 :"Staff will present to the community the findings of a study nd te in the r a over the past few months. A study by whom? First �om L. said it was the 1985 Task Force study and was nothing new, then five minutes later he said it was a report drawn up by the city planner, John Uban. �I. P# 11 :"Enhance circulation into commercial areas." The plan does not e'nhance, but in fact detracts from business. . P# 13 & 14 :"The Project is expected to cost about $2 million. " bsolutly not, this is erronious information designed to gain acceptance. A ore realistic figure would be about $6 million. This is "very much" and n�ot "very little" money. 5 P# 16 : City may attempt to purchase the states Easement Rights. Just what I might expect, take rights of others and add more hidden costs to the public. ��S�a;f,*v�.� : y},af',y�;��.';;ti. Te�.�.Mb,,v.:ii1.,1" �� .�..�;�.� r.:; i . �l . `� L,��R� �� . �� ,� ,,�_ ��.,. .f,�.� , •�i '�i: `.;tJ. +P�4. � Ct, v�?.,:r � c ,., : �f � ! y' ' , t . . � �"a � . y'. : �i� '.^,�4 �;¢'iG:,`;�?., '',j y�+'� , ::��4 +• ��.:-+i . 1 " , � g� i�`�`` � � � -� Response to "Uban Report" May 15, 1992 � By Brian Birch 452-2266 • Pg 1. RE: To realian Dodd Road- Not so, the design is a different road but is so tagged inorder to gei Mn DOT to pay the bills. t,A form of , ' ` manipulation. � � � - , :, , ;.,, ,. , . ., . � . . , , ;: � ;. ` This is not Mn DOT's proposal report, but that of Ugan's to a Mn DOT plan. Pg 1. 1985 Task Force goals: 1. This does not give optimum access to existing and future business, but divides traffic and drives away business. 2. The "focal point" of the city was destroyed when the council chose to locate City Hall at Hwy 110 and Lexington, contrary to the Comprehensive Plan. 3. To enhance . business is actually detracted by dividing traffic flow. _ 4. All the plans have a major impact of the enviroment and are not sensitive to the existing neighbors, parks, and Dodge Nature Center. A brief is on file with the City at this time concerning this protected area and the enviroment. i5. It says "to take advantage", and my question is "of who", and "for who"? { The proposed construction plans violate all five of the Task orce goals. 'g 2. If widening and adding turn lanes would cost $1 million, and hat is judged as too cos.tly, . then how can the new proposals, which are �astly larger, only cost $2 million? The public won't buy this type of easoning. g 3. The road location in the corridor does affect remnant land, hich is a major concern to this fee owner. 3 A. "Old Dodd Road" vs "New Dodd Road" Designation is not logical, is used just to get Mn DOT to pay construction costs. This road does qualify as a MSA Project and the state should not accept it as such. 3800 feet should be about 4200 feet, which adds to the cost. Pg 5 B. Figure 1 is designed with poor crossings and routing. The alternate is more remote and poorly designed. Pg 6. Grading of the "new Dodd Road" per Figure 5 shows extreme oadway elevations and it would require extensive engineered filling for i 0 2 the cuts and slopes along adjacent properties making poor to impos ible access. Pg 7. Alternate 1, figure 6. 1. Topography improves little at best. Visibility does not improve since as Hwy 110 elevates upward, so does the overpass, thus making visibility worse. 2. Businesses along South Plaza Drive are set back fu �ther from the roadway and would have to aquire that additional land o t of their pocket book. 3. Manuvering curves while driving and looking around at the shopping center does not increase driving safty. 4. I agree that businesses need physical and visual access, but the at grade pedway crossing is still in place. Why? This Figure 6 design is poor and very costly. The pedestrian walkway to the shop�ing center is not existant, and at best would be very inconvienent (both north and south of Hwy 110). A"T" intersection on a 40 MPH curve is not safe. Pg 8. Alternate 2, figure 7. This design is as expensive as Alternate 1. To tie into Hilltop Road would create a blind deadly curve. New commercial buildings in the N. E. quadrant of the southside shop ing center area would surely destroy visibility to that center. ! ,�ti , � .. n• � �..#:.t ,: • ,� ' . � � �, .,3; f�, , �r� . 1 �}�'-'a.a�' �I.;i;`4;4e�;c':yrr'11r,'�.:'L'S }:��;�<i� '. t��- t, tt:��` �'!' . .�. -tei.r . �. •.z'�. i�„ .. � ? � � *.: :rF' .�F'�i.'� .. ,.'a. - .�•� , rYf`"'�.t ,w,2:.{�•� rr �...�ir` �M. n. Y�� y'_ .:`• �,� :� .,��..,_' ,e' 1:�':�' ��:4;�'�'.,S'�t}:.; i,v�.';�;r`?:i � � Pg 8. Altermate 3, fig�ure 8. ��This �design is so expensive and u real '� that it deserves little comment. It incorporates all of the negative of Alternates 1 and 2. The dentist doesn't need twice the setback and ore parking space! A diamond interchange with ramps along Hwy 110 no matter _where it would be constructed, would . severely hinder visib lity. Again, access along the north south route would be bad and too close to . the ramps for safety ( Reference 494 and Lyndale Ave.). 0 Pg 9. Conclusions stated in the report are very weak and of little t � �elp. �� ' : � �; v CITY OF MENDOTA HEIGHTS MEMO June 30, 1992 T0: Mayor, City Council and City Administrat FROM: Kevin Batchelder, Administrative Assi SUBJECT: CASE N0. 92-21: Krohn - Variance DISCIISSION Arnold and Nancy Krohn, of 508 Huber Drive, appeared before 'the June 23, 1992 Planning Commission to request variances to the height•and opacity for a fence located in a side yard abutting a street. Mr. Krohn desires to construct a six foot (6') high solid board fence located approximately on his property line along Delaware. Avenue. (Please see attached Planner's Report and application). Upon reviewing the plans with the applicant, the Planning Commission felt that this corner lot was unique and that a hardship existed due to heavy traffic on two collector roads, its close proximity to Delaware, and that the fence location is a side yard 'on Delaware Avenue. The Planning Commission also found that the existing vegetation will remain to screen the proposed fence along most of its length. The Planning Commission waived the public hearing as there was no one in attendance on this issue. RECONlI��NDATION The Planning Commission voted 6-0 to recommend that City Council approve a Height Variance and a Variance to Required Openness for a fence located in the front yard in order to allow a six foot (6') board fence in the proposed location with the condition that the applicant plant lilacs on the road side of the fence. ACTION REQIIIRED Meet with the applicant, and if the Council desires to implement the Planning Commission recommendation they should pass a motion to approve the following: 1. A height variance to allow a six foot (6' ) board fence in the side yard abutting a public street; and '� Y � 2. A variance to allow a solid board fence in a side yard abutting a street; and 3. A finding of fact establishing the unique character of this lot as being a corner lot at the intersection of two collector streets, it being a side yard abutting a street, it being the closest residential structure with a side yard abutting Delaware Avenue and the existence of vegetation as a screen for the fence. KLB:kkb d �' PLANNING REPORT DATE: � CASE NUMBER: APPLICANT: LOCATION: ACTION REQUESTED: PREPARED BY: , REVIEWED BY: PLANIVING CONSIDERATIONS: Background INCORPORATED CONSULTING PLANNERS LANDSCAPE ARCHITECTS • 300 FIRST AVENUE iJORTH SUITE 210 MINNEAPOLIS, MN 55401 612•339•3300 23 June 1992 92-21 Arnold and Nancy Krohn 508 Huber Drive Fence Variance Tim Malloy, Planner John Uban The Applicants wish to construct a solid board fence in a designated front yard (corner side yard). The propos� fence is to be 6 feet tall and would be constructed of cedar and stained a redwood color to match the trim on the existing house. There is a drainage way that runs along the east side of the property, adjacent to Delaware Avenue. An additiona120 feet of right-of-way was dedicated to accommadate this drainageway since the subdivision for this area was processed. The fence is to be located at a sligt�t angle a few feet west of the relocated property line. . Variance Criteria The subject property is a corner lot and, therefore, fences must meet the criteria for front yards as defined in Sections 4.8(1)d and 4.8(2)a in the Mendota Heights Zoning Ordinance. Section 4.8(1)d - requires fences located in front yards to be at least 30 percent open. Section 4.8(2)a limits the height of fences located within the front yards to 36 inches. In order to construct the fence as proposed by the Applicant, a variance from each of these sections would be required. When reviewing the required variances, the Planning Commission should consider whether the property includes unique characteristics that can be considered practical difficulties relative to the proposed fence. The Commission should also consider the possible impact on surrounding properties. The subject property is unique in that it is located at the intersection of two collector streets. In addition, the subject property is one of only two or three lots in the City that are oriented with a corner side yard on Delaware Avenue. Delaware Avenue is designated as a collector on the City's current � Arnold and Nancy Krohn, Case No. 92-21 23 June I992 Page 2 Thoroughfare Plan. This plan also shows a proposed "local collector" in the location where Huber Drive is now constructed. Delaware Avenue currently carries approximately 3,400 vehicles per day. Tra�c on this street has increased significantly since the development of the Copperfield Addition. Traffic along Delaware Avenue is expected to increase as a result of the residential development south of Mendota Heights Road and west of Delaware. Commercial development south of I-494 in Eagan is also expected to add traffic to this roadway. Cunent projections show 6,900 ADT on Delaware Avenue in the area of the subject properry by the year 2010. While this is not unusually high traffic flow for a collector street, it is significantly higher than the traffic that would be expected on a typical residential street. The Metropolitan Council has developed a list of criteria for the various types of streets within the Metropolitan Area. This list, found in the Transportation Development Guide Policy Plan, establishes as a general guideline 1,000 trips or less for local streets. The current traffic on Delaware Avenue is more than three times this amount. The noise from this additional traffic could be considered a legitimate practical difficulty for this property owner. Building a solid board fence is probably the most effective way to reduce the impact of noise on this property. � � The question here is whether the proposed location is the best or whether the variance could be avoided by locating the fence elsewhere on the property and still accomplish the desired noise reduction and allow reasonable use of the property. . We believe the location of the fence as shown on the Applicants' site plan is reasonable. First, the drainage way provides an additiona120 feet of buffer between the actual paved surface of Delaware Avenue and the proposed fence. This fact, along with the vegetation on the property and in the area of the ditch, screen much of the site from the adjacent roadway and surrounding properties. According to the Engineering Department, there are currently no plans to widen or improve Delaware Avenue in the area of the subject property. The home opposite Delawaze from the subject property (in Sunfish Lake) is setback on the lot and � would have a minimal view of the proposed fence. The fence would be largely screened from the adjacent property to the east by the honse on the subject site. There are no other homes in the area that would have a view of the proposed fence. Currently the Applicants have established and maintain turf out to the edge of the ditch. The proposed fence would be located at the transition between the maintained portion of. the Applicants' .yard and the natural vegetation found in the area of the ditch. This is a logical place for the fence and would allow the Applicants to continue use of this yard area_ In addition, locating the fence as proposed would make it easier for the Applicants to maintain the turf azea since the fence would be at the edge of the turf area rather than in the middle. The fence would not result in a traffic safety hazard since it is located far enough back on the site and does not impede clear sight lines at the intersection of Delaware and Huber Drive. The signatures of consent from the surrounding property owners have not all been provided, therefore, the required public hearing must be held. Notice has been sent to the adjacent properry owners. Action Conduct the public hearing and make a recommendation to the City Council regarding the requested fence variances. � : - � - ' • • .a1 _ , ecwer e.x�er � �- , `y , � • , _ I � �v . IW SEN10N NIGM S�MOO� .�� • � • . • � IMlK�CI r • • . • �.. �` • � � � :• • .. .•, • • • • • �� l �� 1 � . I. � • ..• .� , � •,. , , S� ::;::�= � . . c-.�_ �_ o-- , , • . . . . � -- � : �. T--� -� _ �� O00 G� � ' � ♦ �► ��'' P'- I • ' � �' . I" _ �,�._l � r., • � " . .: CLUB '� • �J i • �d � • • � l . - - i I - - ' � . . . .�-� ---� . . ;�--' _ _ � -� .: � � ,.-_- - r;v,..� ' \� �' .� �s�� ' 0• OGE _ S� , NATURE CENTE • � � � ,` ...- -.a_i• • � . � � . .� � a, 3, — •-- i -� , _�....:..::- �� .� � - __— — , � . 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June 9, 1992 P].anning Commission City of Mendota Hei.ghts 1].O1 Victoria Curve Mendota �ieights, 1�Il�1 5511$ '+: Subject. Request far Vari.ance to Build a Fence To Planning Commi.ssian Representatives: Th.is is a letter af a.ntent to build a fence within our� property •. line on the Delaware Avenue frontage. �� We purchased�the lot at the carner of Huber Drive and Delawa.re Azrenue .from George Montgomery i.n January of 1986, thinking it was a quiet neighborhood�: At that time, Copperfield did not exist.' By the time we were able ta build �our hos�e in� 1990, traffic along Delaware had increased dramatically, partly because of all �he homes now in Copperfi.eld, an.d partly from the Corporate affa.ces at The Waters. Unfort�xnately, we did not re-evaluate the�traffic si.tuation at that time before we decided to build on this lat. Now we find the traffic noise and lack of privacy very upsetting and stressful. We have to keep the windows in aur bedroom closed ir� sumxaer sa we � are not woken up in the morning hy early commuters . We cannot enjay o.ur deck or-side and back yard because of the traffic noise and lack of privacy�. We feel that we:are entitled to enjay the benefits Mendota Heights, quiet tranquil neighborhoods,�the other citizens in�this community, of living in same as a�ll the We believe that a three foot fence or even a si� foat fence with seventy percent {? Q� � opaci.ty wi.11 not o�'fer us much relief from the traffic naise on Deiaware Avenue. Far this reason, we are _ requesting a�crariance from the three foot fence height limitatian and a variance from the seventy percent {74�} opacity requirement. We do not beli.eve the fence wi.11 present an aesthetic objection or a safety hazard for drivers, Si.ncerel�rr ��«�- Arnold and Nancy 50$ Huber Drive Mendota �Ieights , /!„��'Z�� .�.�rz� Rrohn ' MN 5512Q : : � : . . .. .. : . . : . : �: . . � : . � �i�y;�:�c�� f � . � . . . . . . � . � �1�i�endota. � �eigli�� j,�,11 �1 . _ - . � Applicant Nam.e: Address: APFLiCATIC?N FOR C4NSIDERATION OF PLA.rINING REQUEST Case No. 42-21 _ Date of Agplication �a--11-�2- FeePaid $50.00 e�'c. Na: 17S9i� tZ,ast) (F'�rst) {Mi3 � � � �` � a � . _ (Ne2mber & Street) . - (City) (State) tZiP) tJwner Name. -=�l�-.r — tLast) � (F'ust) (�Il} Address: �G��--t---- . _ � (Number �i Szreet) (City) <State> {ZiP) Strcet Locatian of Prnperty in Question: f"71..��.sc �� Y' �,,l i,�,.lG� �{J� �G� ��/� ��Q�. i.egai Description of Pmperty: LO� %,, ��7iC JL. �.. , � 6h'�. E''i . • d-� i? i �s�l Type of Request: ` Rezaning Conditional Use.Peimit Condifianal Use Peimit forP.0 D. Plan Appmval ' ' Comprei�ensive Pian Amendment Agplicable City Ordinance Niunber ,- _� Variance Subdivision Approval - 'GVetlands PeYmit �' . 4ther (attach e�rpTan�tion} Seetion Present Zoning of Property �� Present Use /�� '-S> �� I.�� Proposed Zoning af Pmperty : Prr+oposed Use I hereby declare ihat all statements made in this request and on additionai material are irue. {Signature af Applicazrt) �' _ /I -- �Z--� {Date7 {Received hy - �tle) � 1101 Victoria Curve � 1Viex�dota Heights, �1VIN • 55118 ; 452 • 1850 0 CITY OF MENDOTA HEIGHTS NOTICE OF HEARING June 10, 1992 TO WHOM IT MAY CONCERN: 0 NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 7:30 o'clock P.M., or as soon as �� possible thereafter, on Tuesday, June 23, 1992, in the City Hall� Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mr. and Mrs. Arnold Krohn.for a Variance to Fence Height in Front Yard and Variance to 30 percent Openness to a Fence in Front Yard at the following described property: . . - '• Lot l, Block 1, Montgomery Addition More particularly, this property. is locatec3 at 508 Huber • Drive. �°The applicant desires to place a six foot (6') board fence along Delaware Avenue within the property line. This notice is pursuant to City of Mendota Heights Ordiriance ' No. 401. Such persons as desire to be heard with reference to the proposed Variances will be heard at this meeting. � Rathleen M. Swanson City .Clerk b :'. � . . . . . . . . . . . . . .. � � ��i�y �o� �.,�.1 .,� 1��iendota I-�ei��its SIGNA.TURES OF CC1►NSENT FOR VARIANCE REOUEST TO: The Planni.ng Cammission, �ty of Mendata Heights • 5�S ;� FROM: Praperty Owners of ��.,r rr" ��tirc � t}e ia t�:wa-r-� ft�r � � e ��G,rr�� v-i •; . � : Vr—�' c �-�. �c'�,,��" . � ��.:,v-t� � U , �c..v- �c..v� C..�c. {-�a u!r� Q l� E' u1Yl�? 4� T z..� � �E'ViCp . . • We the undersigned have reviewed fi,�e • plans for ��+ro h V� ��Y--�a.vtc�„ . . : � and � understarid the terms and � , - conditions of �Gh.e requested variance. for .,�.e�nc.sz.. {n��lnf' •�� 1^+ �.. _ _ ., . _ _ r t . ' r We have no objec�t�on� to this request and do hereby give our written cansen� and consent,to waiver of�public hearing. ��i�cerely, NAME {Please Prin�� . SIGNATUR� �� a � � P�.��rZ �� (�L��-les ��%,ZA�K �C/1fLrs;��1�''� 5 - _'�t GI� {� LtTiV � . f" /-' F �. �?An`r' :�� 5%� =f ��1.� (�t.�r�. } ��; 7� ADDRESS (INCL. I,4T) 514 l-l��b,�,.-• D2.,. lC.�`� �Z.o3 Mon�1�2o� P�-. , Si-P.�.v�... �J}C � �Kcf�. Sldk' $'s'33 ZZ¢t� �rE%�s�+�1�"..l�/2. ' 215� ��./-�,�J�r 1I�1 Vietoria Curve -,�,,endota Hei�hts, 1VS,N - 551i8 4:�2:1R:�ti . �� . . . � City o� � �� .�. � . � . 1Viendota Heights July 1, 1992 Mr. and Mrs. Arnold Krohn 508 Huber Drive Mendota Heights, NIlJ 55120 Dear Mr. and Mrs. Krohn: Your application for a Variance will be considered by the City Council at their next regularly scheduled meeting, which will be held on Tuesday, July 7, 1992. The Council meeting starts at 7:30 o'clock P.M. here at City Hall in the Council Chambers. You, or a representative shoizld plan on attending the meeting in order that your application will receive Council consideration . The Planning Commiss�ion voted 6-0 to recommend that the City Council apQrove a Height Variance and a Variaace to Required Openness for a fence ,, located ia the front yard in order to allow a six foot (6') board fen.ce in the proposed 'location with the condition that the applicant plant lilacs on the road side of the fence. If you have any questions, please feel free to contact me•. Sincerely, l�`n..'�' � �, f 4Q`-� Kevin Batchelder Administrative Assistant KLB:kkb Enclosures 1101 Victoria Curve �• 1Vlendota Heights, 1VIN • 55118 4v2 • 1850 , . . . . , , � .. . . � �1�3T tJ� ,, 1��Iendota Hei h�s �l. .� , � Mr. Arnold Krohn 508 Huber Drive Mendata Heights, MN 55120 Dear Mr. Kroh�i.: Your application for a Variance will be considered by the Planning Commission at their next regularly scheduled meeting, which will be held on R'tsesday,� �'une 23, 1992. The Planning Commission meeting starts at 7:3Q a'clock P.M., here at the �ity 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, ��i�''`^ [,-' 4�.,.�� - -__._ Kevin Batchelcier ' Administrative Assistant Enclosure 0 1101 Victoria Curve •1Vlendota Hei�hts, 1VIN * fi�11R 4��.�R!�n aa. .�r� .. � '�':'4�.,�: r �''1ii`'1r7"�rS ty+l.; � � I:r.:� i..'t`�.t' �. � , �... � :.; .' �i'r�•n: ' i. . .. tst{�ii ' ' . . " . � �t ,F�,� �ii;!ii . y' . .•i• r•�s�� j '{ af � . .• . �. . ' .',' �' .�i31: i�,, o;�'�;ir3�ti1•`�:?:!� '� .•�• . ` 'I'4,. .. ru`,.::4?;F7��w.`Y•I . ':i': k„. ... . :'t�o� � , � - �,�-e.� • . � ',l.'f,. � 4 ;'1^nC3i:il� . �. �� . _ �<. �". � , , � , ' _ , �— • . ' ^ :,� �� T'a"'s�'�'�.',��ZE.,'"1S';'• ' 4??,z.='Y;: •ttif: . ». , �� . . , . ' . �ri;.. .. Tl:1 �a�.�.!.: .. ' . ' : ' � . � : '_� _:;. �: �� `� F a �:�' . 'i;?�'� s twla;-., • . f • • : � ; • � . 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Sr" X, v'' �d sZ`-'s a,�' $ r nt�.w� s .�i °' f':....fi't'j';;��»i, '� htG�' �' •' ,ry, �' �n .t.ii, v #;�. .•.} . Sr . ' :�'»n.` ' , �h,• •ijt7�:.�- . I� J* t �.. • .' �,+' 4' ,� ' , ' .l � 'r =:'<1S'� - .:�,�?r�M- . , . j�:%, . . •� , . � •�� c.�i�� .a. , , ' j ; � i.. • � �,'•i'�.,V�;'- . . . . ' ' �1;��?�'�,~f ? F ' ' ��j,"'� j . . ' ' .yY.. , .�w.:, � � �s j�' . .. ... ' Y: 1'ao.bc Le� ' . ('� �2 , " , l '.� . ':��'". i TOLER� �'iN: :r? � .:;.�,,rx. �'y. '�,Ya . , � . • • 3�' ♦ • . ' I�IUM AY � .� . . 'ftr' •;a"a �'�: • .y �_ � � . � ' j � 6[CI�IAL � t' ... .. • .. . . .. CITY OF MENDOTA HEIGHTS 'Eu�i; July 1, 1992 TO: Mayor, City Council, City Administr FROM: Klayton H. Eckles SUBJECT: Update on ivy Falls Creek Project DISCIISSION At the hearing on the Ivy Falls Creek Project, Council had several questions and concerns to resolve before the continued hearing on July 21 is held. Council wanted another opinion regarding the proposed solution using drop structures. Council also wanted the project area to be extended if possible. The aesthetics was also an issue that needed some attention. Wenek Studv Staff has received the Wenck report that examines the work done by BARR Engineering and Cit�r Staff to date. Generally, the Wenck report reaffirms the findings that Gabion Drop Structures would be an effective solution from both an engineering and a cost perspective (see attached report). Wenck did think both the BARR and City reports were lacking in the area of side slope restoration. The reports done by BARR and mysel.f didn't contemplate much iri the way of landscaping. Wenck suggests the use of an erosion mat to stabilize and re-vegetate the side slopes. No cost estimates were given for this, but I would guess it would add 5-10a to the project cost. We could limit the use of the mat (which is quite expensive) to only the high erosion areas, and keep the additional cost down to about $40,000. Increase ia Project Area I have looked at ways of increasing the assessment area. What I found is that there is really only one additional property where a justification could be made to include it into the assessment calculations, as the project is currently proposed. However, by increasing the scope of the project into some of the tributary areas, seven new properties could be added to the assessment area. There is a section of the creek between Laura Court and Sylvandale Road that was not part of the 1978 project and isn not part of the current projecto There is no severe erosion on this creek section, but some work could be included in the pro�ect to pro�ect �his section from possible future damage. Add�ng this section to the project would increase the total project co�t between $10,04Q and $15,000, but it would al�o add 5 lots to the assessment area. The net af�ect is that all assessments wauld decrease slightly. Another way to increase the assessment area is to do some work in some of �he sma.11er tributaries. I have faund two tributaries to �he creek �hat are suffering signzficant erosion problems. I� some work was dane in these tributaries, there would be two additional properties that could be included in the assessmen� roll, and one already in the roll that would see a large increase in its assessment. I did notify all the above described proper�ies of the project and the proposed assessment to them, assuming their property would be included. On other possible change from the original praject I am recommending, is the deletion af mast of the work on the First Addition Reach from the project. There are three properties on �his reach, and two (Obrien, and Abrahamson� are s�rongly opposed to the project and one (Peine) is opposed ta the proposed assessment. Deletzng most o� this section would reduce the total project cast by over $150,000, and sligh�ly reduce everyone's assessment. If all these changes are made, the net affects would be as follows: * Abrahamson would be completely removed from the project * Obrien and Peine would see a decrease in assessments. * Eight new properties would be added to the assessed area * Taylor's assessment would be increased * All other proper�ies would see a modes� decrease in assessments af approximately 8�. Note that I haven`t made any changes in �he proposed praject to take into account Wenck's recommendations, Aestheties At �he hearing Cauncil indicated tha� aesthetics mi�ht need more attention. Also Wenck talks about restoring szde slopes. I have two comments regarding how the project as currently proposed addresses aesthetics. The first is about the aesthetics of Gabions, the second abaut side slope res�ora�ion. After looking at the current condition of the creek, the dead trees, severe erosion, makeshift private solutions, and also looking at gabions currently in use, I think criticism of gabions is overstated. It's interesting to note that when I went out look at some of our current gabions, I had trouble finding some of them because they were so well camouflaged! After several years of use gabions become overgrown and part of the landscape. I think improvements can be made in our gabion design that will make them look much better than previous projects. Also I think its important to keep in mind that what ever solution we use is a man-made one; it will be a visible change from the current situation- in this case I think a visible improvement on the current situation. Staff did examine some other alternatives to ga.bions. BARR designed "Boulder Cascades" in Battle Creek and Fish Creek that look very nice. Unfortunately these would be difficult to ada�t to our situation, and would most likely be more expensive. I have some pictures available that show gabions currently in use, as well as the Boulder Cascades. The other issue concerning aesthetics, is the issue of side slope restoration. The original studies on this project did not propose to do major restoration; the project was intended to be one of protection. Some restoration would be inherent in the project as currently proposed, but we didn't plan to install any erosion mats. Wenck recommends we consider the use of Enka ma.t- a very effective erosion and vegetation mat. If we do add this to the project it would increase the project cost. However, if we deleted most of the First addition reach we would be reducing the total project cost and would likeiy realize some savings. These excess funds could be used to either reduce assessments or more effectively restore side slopes. Other Issues A couple other issues that need to be addressed include the issue of assessments to the association property, and the issue of Chris Doyle's potential lot split and how the project affects it. I have included a copy of the letter I received from Mr. Doyle and my response. Note that the response letter is similar to the letter that I sent to all property owners. � ! T t �I � • i This memo is primaril� for information, and to get Coun.cil thinking about the issue� that will come up at the hearing. ACTION REQIIIRED Review and diScuss the enclosed a.nforma�.ion and bring it to the hearing oa the 21st. KHE:dfw � 'S: � � ('� / °'oa y —1 1.,._.J � � V' i " . � ,- �y- . ; �' � D � . {•; j•/��n.f\ �� \ "�wn �, � V � ✓" "' J\ , N � ?d �'•+,\J ' • \ � � � � � '�' �°r �.fl � ,�,� ��;� �.� � � Q �, ,/ , ti � 4 � � MA%.E PAFiK W�7FT -�� y i �.jj°�� * �a � " � ,�... ,�... `R--•-''' �. r c7 �'Y �`N� .� �., ..K � �_„- .� �,,. - a s ; �. � . *rr., A D. fiE4CH a �� ',�,., : � oc,,Ff ziT `�'"_=-� A Mqp{,F P .f� F. j: S. ARK T�4ht .� � f °rt � y» ��~ � 4�LV J ��t/ �,� � f � � � N '�vey � � O�M« IYLA. ' �" ~ �Mn /% � ( ("'� a�� ( l� Yie �� / � �U . � ; �. �, �.�. �' - - aE, H� ,,,� , <., � .�. �• �„�' � �--� � �I' ��, - .� . , Q �=—� `"`�a� CR& ES �Xlsr °� b . �„ ' , �,+�`� � � �-- T B��MP �Cr�o�( d ' �'r� - \ .. FpL`s /`�, `-t% ROv��D '� � �'` f�.� /� .h. r�� / � c. ' � ..,p w, �✓/,�� 1%�. �Q S C � Q, A-��Q ��` , �% � ,� AR�',q r� A sa�ss� � � � �. s •�., .,, � � �� n: �� ' � �� ' ,�� =,=,ir.,� �F , µ '� ---- '�+. � � -- ".�..r„b � `�, """" . � Y,A , �Y�'l loW '�q� „� y, `� . �'� �t A BZu� _ � �rO.�'osed Add � �, � \,,.�. � �"° � �: ,�.s,.-1` „�ted _ Proposed D� ed A �� :� � 1\4h t ! � �. w..� ,�� 4 �.�. t,°' .�.o,. u,� Uh�eso3ved leted Ar�a a�...�. .r�� aa a =� �1.� "'`. t: Kri . a° �g��, f �---�-�-._ ""`N �J �.�u�� µ �"`s � � � rco p � U✓ `°,om,�w � � �M w. J.ic(( [STqy� � gQ � � „�►. w".. .�� . ; � .�. «,4 �UY FALLS `°� ,� �,. ,.,, Q � .�. cR� �n t V Y .��.. � � : ,� �, � _ �w.. -�--�...w, K A�Eq � �% � /�� --�. a,. ,/� �w�, j�j �--..,""—� �_ EMERSON e„c r°°r `xr lv�i i--.._�� .,� �' l"%m+�s .o Oi/02/92 10:42 F_�� 612 479 �242 WENCK �SSOC. INC 1�002/009 0 0 City of Mendota Heights Ivy Falls Creek Drainage System Improvements and Protection Project 8814 Prepared for: 1Vir. Klayton H. Eck�es C�TY OF MENDOTA HE�GHTS 11Q1 Victoria C�irve Mendota Heights, Minnesota Prepared by: WENC� ASSOCIA.�'ES, INC. 1800 Pioneer Creek Center Maple Plain, Minnesota 55359 {612) 479-4200 Wenck File #0186-01-01 July Z, 1992 c � Oi/02/92 10:�2 Fa� 612 �79 4242 1�ENCK aSSOC. INC C�]003/009 Table of Contentis Pa�e I, INTRClDUCZ`ION ...................<>..,................... 1 Z[. GABION IVIUDULA�t DROP STRUC:TEIRE VS. OTH�R AY.'I'ERNATi.YES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ITY. RESTURA�"�ION AND SIDE SLOPE STABII.IZATION . . . . . . . . . . . . . . . � IV. QT�k:R CONSIDERA,TIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 V. COST ..................................................... 6 0 • 07/02t92 10:42 F_� 612 �T9 �242 SYENCK �SSOC. INC �j00�tOQ9 Sectian 1 Introductian Wenck Associates, Inc. was requested by the City of Mendota Heights to rev%ew and make recommendarions and comments for the Ivy Falls Creek I3rainage System Improvements and Protection project. The site was viewed by Mr. Michael Panzer of Wenck Associates, Inc. on June 22, 1992, The following documents were zeviewed: J.. Warldng Paper I-"Drainage Stud� X,ower Mississippi River Watershed Management Organization" prep�xed b� Barr Engineering Campany, dated Ivatay 1990. 2. Warl�ng kaper YI -"Feasibility Study Lower Mississippi River �Vatershed Management Organizatian" prepared by Barr Engi�neeri.ng Company, dated May 1990. 3. Memo - G�ty of Mendota Heights, dated �anuary 28, 1991. 4. Meamo - City of lViendota Heights, dated August 29, 1991. 5. Memo - City of Mendota 1 ieights, dated April 14, 1992. 6. Report -"'Xvy Falls Creek Drainage S�►stem Improvements anc3 Protectaon", prepared by City Qf �lendota I-�eights, dated Januazy 26, ��s�. x . oi/o2/92 10:42 Fa� 612 4i9 42�2 4YENCK aSSOC. INC !� 005/009 See�ian I� Gabxon IYlodular Drop S�ructure Vs. Other Al.�erna�ives Wenck Associates, Inc. has used Gabion drop structure on previ�us projects, with similar char�.cteristics as Ivy Falls Cree� to reduce runoff velaci�ies and contarol erosian problems with very goad resuits. Gabion structures were selected beeause they are flexible and conform to existing graund contours; they are durable and have Iaw maintenance cost. Gabion basket structures, if designed and installed correctly, can be aestherically pleasing, and we agree that tltis is the most cost-eff'ective solution for this prc�ject, We recommend the Gabzon alternative because of cost, appearance, and maintenance cansiderations. We also recomumend that the proposed �'`rabion drop structures and the existing Crabion bas�et stxuctures be red�signed as follows: l. Use on�y standard basket sizes as supplied by the manufactuz'er to improve the shape and appearance of the structures and muumize field £abricatians. 2. F.�rtend side baskets intp the emba��en�s to prevent future washouts and repair existi_ng problems behind and around the structures and to give the structures the appearance of being connected to the existing suraroundings. 2 • oi/o2/s2 io:�2 Fa� 612 4i9 �242 {vENCK �SSOC. INC C�oos/o09 0 3. A non-woven filter fabric material should be used in conjunction with the granular filter material under and behind the Gabion baskets to prevent the migration or movement of soil particies through the baskets and creating voids. 4. Quality control of the Gabion basket structures construcrion is very important to the finaI appearance of the structures and the prevention of vandalism of the baskets. The baskets must be constructed using the manufacturer's recommended installation procedures. 3 - o"r/o2/s2 10:43 F�� 612 47s �2�2 {VENCK assoC. INC [� ooi/oo9 Section III Restora�ion and Si�ie �Iope ��abi�izatiou 'The final appearance of this project w�1I degend greatly an minimizin� any sloughing ar erasiort on the existiz�g side slopes after the channal bottom has been stab�zed. Clearing and grubbing, tree .and stump removai, access roads and heavy equipment e�cavating, or fi1lin� areas as well as existing az'eas that have sIaughed will need to be repaired or restored. Recommended slope stabilization and restoraraon areas as follows. 1. A synthetic bank material such as Enkamat which allows vegetation to grow thraugh but is not affected by ultraviolet light. 2. Steep bank vegetation such as crawnvetch or creeping alfalfa with a strong deep root system. 0 These costs are apparently not included in the e�sting alternative cost proposals and may total quite high depending on construction methods. 4 4 _ - o7�o2i92 10;�3 Fak 612 4is �242 ►4"ENCK aSSOC. INC [� oo8t0a9 SBCtI.Ori � C�ther Cansiderations The �rst cansideratians for this project is to minim�ze the peak flow rate wherever possible. Iucreasing the detentic�n pond size at I�aple Park Pond and diverting water at Thorn.pson Avenue are excellent proposals. We recognize that because the watershed area is �ully developed that additional or increased detention basin volume may be difficult to obtain. We recommend that all sub-watersheds be revisited for any opportuanity to reduce peak flows, even small 1- to 2-acre temporary detenrion ponds used with pumping stations could possibly be cansidered to divert water io another existing system with ava�labie cagacity. Tha use of puznping stations fo�' storm water control can b� cos�ly and there may be difficulty in obtaining access or easements for d.ischarge lines. This considexation is only feasble if an adequate quanrity of water can be removed during peak flows. Some areas that can be looked at are: 1. Taking high peak flows from Sylvandale Court and Sylvandale Court South and pumping it to the drainage ditch north of Knallwood �ourt which enters I�y Falls Creek at th� bedxock Ievei. 2. Tal�ang high peak flows from Map1e Park� Drive or Falls View Cowct and pumping it to system at Maple Park Court which also enters Xvy Falls Creek at the bedrock level. 3. Pumping high peak flows or enlarging the existing detention pond in the Summerset G�lf Caurse. 5 • Oi/02/92 10:�3 F�� 612 4i9 4242 {VENCK �SSOC. INC C� 009/009 Seciion V Cost � 'The alternative cast tables appear to be realisti� cost estimates from the lev�l of design that has been proposed. The only apparent addirian would be for restoration and slope stabilization. Thank you for this opportunity to re�iew this project and submit our recommendations to you. If we can be of any further assistance, please contact us at 479-4200. Sincerely, WENCI� ASSOCT..ATES, INC. � � � � j� Michael A. Panzer, � P.E ��%�~� Vice President I41AP'/aec 0 6-1-92 Cfty Council City of Mendota Heights From: Chris & Mary Doy1e 642 Maple Pk Dr Mendota Hts Mn 55118-1839 552-4d90 Page 1 of 2 RE: Propased improvemen# to #he Ivy Kiil Park Reach Dear SirlMadam, Please take a moment to review and reply to our concexns on the praposed project. When we took possesian of the property an �arch 26 1992 we were not tald about the pending project on the creek. Our original intention was to landscape and "clean-up" aur lo# to make it more usable for our family. Since the'city has an easement on aur land for the reach, we believed that the reach mould be maintained by the city. Our portion of the reach is flat compared to the steep grades typically found dawn stream from us. A few weeks after�moving in, we were traumitized when natified by the city that our property would likely be assessed abaut $9,30d.00. a larger rhen average amount assessed along the creek. Although we sympatize with our new neighbars flown stream from us we dan't believe we should have to bear a greater then average assessment cvmpared to ather assessed properties. We are a young family with a limited budget which had not planned on this great expense. With this in mind we want ta move forward and find the best solutions. We are apposed ta further work on the creek on our property, other then the restoration of the creek. This should have been done o� a rantine basis after the holding pond narth of our property was built, The city engineers drawings demonstxate clearly the amount of erosion which has taken place since construction of the halding pond. We are being assessed today for past water management decisions which neglected to resalve the whale water managemen# prob2em. Hawever, in the event #he project is going to be built we want to present oux concerns as fallows: Because af the city initiative to change the reach we have decided to continue to make our lat more usable thru lanscaping and also split our lot so that #he wes# end would be a buildable lot for a sing2e family dwelling. m 1 page 2 of 2 These are the things we want to accomplish if the project is completed: 1.Allow us to improve our land by landscaping. 2.Allow for the splitting of the lot into a second buildable lot. a. Change the center alignment of the easement for the creek b. Reduce the width of the easement to 20 feet or less. c. Replace bad soil if needed were the house pad would be placed. d. Save trees during creek construction. � e. Replace trees killed during construction. f. Add soil to lot were needed. g. Split Assessment between two lots. h Defer tax and assessment on second newly formed lot. i. Design storm sewer to allow the above to work within city guidlines. j. Reduce our assessment, both by adding more properties, which are on the reach and by adding properties that have a secondary benefit to the reaches improvement. k. Increase the sewerlwater surcharge city wide to decrease our assessment. 1. We don't want to be assessed without accommodation by the city to the above items. Thank you very much for your attention to this matter. Si 're Chr' d y o •\ ' �J See attached lot maps 1 and 2 0 .� �: � �,.r � �.:� � � � �� :�� , „o�„ � '! • �"r. � ��II'�-` .; a:. � � �L*��`" �`'i ,�.. , ,� ��.�f� .�► .� ��''�, .�� :.,� : �` '� .7�.u.:...a� - �,� � :'i�� ! .�� "'` ::� -" ; �..� '��'�,�'�� ''''!�► ;:,`:1, ; �"� � • � � `�� m :;;;.� .� *�.��. � �t� . � .1'�� :;� . ' l `Kr /1v. �� •, �i- •v •r � •'� �.. J � � A� `- • - � � M ' ; � :� � � � �R� � . 4. Y `y. ..': �` � � ��'� � � ��:; ;• .f�.�,► 4,� �, � 1�„ � C''1 :�� . ::f , , � .,.,, ,,v .� , . .,�,,.�,, !�� ,�.. ,V . . ;:� '��..�. :.- � . :�� '� `'�► � ' e �� ' �- . ��:,. � : �,,. ,,r.�► �''. .i' �,,, � . : `,,,;;.� ''l , j'�' �' �� ► c�� ,� �: .�+ � �' � ' �w ' ' ;r"" p�. :.:� �� .'� � � �,�. � �-.�,,.:.z� � �:�;��-�.�r ..�► ��, .> � : �, <�.. � . a. J �.,��.�� ,.,�,.� / ::�� , . . .�► �,i. �•,� �► ,�. ::� ,.�.'�r�. �, 6 =�K� :��`: >;�� , ,� �. � �a ..�► f�' � � . j �' ,� ,�„ � � � , . . �_`�• � � �, ` � � '' • ! `., . 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July 1, 1992 Mr. Chris Doyle 642 Maple Park Drive Mendota Heights, NIlV 55118 Subject: Ivy Falls Creek Job No. 8814B Improvement No. Dear Mr. Doyle: Feasibility and Assessment Hearing 91, Project No. 8 The attached document is an official notice of a public hearing which is going to be held to consider improvements to Ivy Falls Creek and surrounding areas. This is a Feasibility and Assessment hearing. Your property is in the project area, and your property will be assessed the amount listed in the official notice, UNLESS the City Council deletes your property from the project or alters the project at the public hearing. I highly recommend you attend this meeting. Ivy Falls Creek is a major drainage system for storm water in the City of Mendota Heights. The creek has been experiencing significant erosion problems over the years. In addition there are a number of tributaries that drain into Ivy Falls Creek that are experiencing some erosion problems. The Mendota Heights City Council has had a number of discussions on this problem and has met with many of the property owners impacted by the creek erosion. Several studies of the problem have been completed, and the findings of these studies are as follows: *** The cause of the erosion is high volumes of storm water that occur during large storms, and the extreme slope of the creek bed. *** Unless a permanent solution is undertaken the creek bed will continue to erode deeper and deeper. *** There are a number of possible solutions to this problem, but the best, most cost effective solution, would be to install drop structures (mini-dams) down the channel in order to stabilize the creek bed. A Mr. Chris Doyle July 1, 1992 Page Two *** In addition to the main creek, there are tributaries to the creek that are suffering similar problems and should be stabilized too. *** The estimated cost to complete these repairs would be approximately $1,010,000. This is obviously a very expensive project. Normally all the costs of an improvement are charged to the adjoining property owners. However, in this case the City Council has determined that other city funds should be used to pay for up to 800 of the project cost. Council decided that since much of the water in the creek comes from other parts of the city, the city should fund a large portion of the project if the project is constructed. The remaining 200 of the project cost would be assessed to the properties along the creek or tributary where the construction takes place. Owners of 31 different properties have been notified of the project and included in the proposed assessment split. Depending on decisions made by the Council at the public hearing, it is possible the proposed assessment to your property could go down, but it won't go up under any circumstances. If the project goes ahead and you are assessed for the improvements, the assessment to your property would be shown on your tax statement, and would be payable over a 19 year period. Some residents in the project area have attended past Council meetings to discuss this project. The residents who have attended these meetings raised a number of questions and concerns. In response I present the following: Will the proposed solution work? BARR Engineering and the City engineering department have already completed reports which both find that the Drop Structure solution would solve the problem and would be cost effective. However, to make sure this is the right solution, the City hired Wenck and Associates Consulting firm to critique the proposed solution. The results will be - available at the hearing. e Mr. Chris Doyle July 1, 1992 Page Three Is there a more environmentally sound solutioa available? A suggestion was made that landscaping could be used to eliminate erosion. Landscaping will reduce erosion on the side slopes of the creek, but won't stabilize the creek bed. The proposed solution consisting of drop structures would be made prima.rily of natural materials including stone, wood, and earth. Landscaping by the city would involve establishment of vegetation on side slopes, and around drop structures. This would be a vast improvement over the present condition of much of the creek. Home owners could always perform additional landscaping on their property. Caa the City reduce the assessments? The city is already intending to pick up 80% of the project cost. The actual assessment to the property owners in the project area could not be any higher than what is shown on the attached notice. The actual assessment could be reduced depending on what action the City Council takes at the meeting. Some portions of the project could be deleted, and a larger assessment area could be implemented; both these actions would reduce the assessments to some or all properties in the project area. There are several issues which have to be,resolved at the public hearing. The most important issue to resolve is whether or not the City will proceed further with this project. I think that for the project to proceed, a significant proportion of the neighborhood must be in favor of the proj ect . A major issue facing the property owners in the area of the project is the proposed assessment. If Council accepts my recommendations, the proposed assessment would be reduced approximately 10a. 2 am recommending that most of the First Addition Reach be deleted from the project. This would reduce the assessments to everybody. I am also recommending that most other tributaries be repaired and/or protected at this time. The tributary work would have varying impacts on assessments; it would increase the area assessed and increase the project cost, with a net affect of a reduced assessment rate for most properties. ,_ , Mr. Chris Doyle July 1, 1992 Page Four In regard to your specific situation, I received your letter which discusses all yaur concerns a�out the project and s�ates that you are opposed �o any work other than restaration o� the creek. You also go on to present a lis� of items you wish the projec� to accomplish for you if �he praject does proceed. In general the city can attempt to work with yau in order to accomplish yaur goal�. However, any additional work that is a direct benefit to only your property, and is not necessary as par� of the creek s�abilization projec�, and involves addi�ional costs, couldn't be undertaken withaut charging the additional casts to you. Ma.n� of the items you list can be accomplished with little or no increase in project cost (splitting your lot, changing the easement, defer part af �he assessments), but Council will still have to apprave them. Same of the other items �ou request (grading your lot, landscaping, changing the projec� design} could very iikel� involve extra cos�s, and Council wauld determined if you would be responsible for additianal costs.� If we are unable �o reach an understanding, it would be possib2e �o simply delete this entire section of the creek improvements from the projec�. The city currently has a 40' wide drainage easement across your praperty, and the creek can easily be con�ained an this easement wi�h minimal imprave�ents. - The Council will make the final decision, but ii you are not sa�is£ied with a project that doesn't accomglish everything you discuSsed in your letter, and you in�end to formally objec� ta the projec�, I wauld be inclined �o recommend to Council that �he �ec�ion of the project an your property be entirely de�e�ed. I� you have questions about the project �r �he proposed assessmen� be�ore the hearing, you can contact me a� 452- 1850, I will not be available fram July 2 to July 11, but you can a�k for Jim Danielson if yau call while I'm gone. Sincerely, Klayton H. Eckles, P.E. Assis�ant City Engineer KHE:d�w Enclosures CITY OF MENDOTA HEIGHTS MEMO T0: Mayor;:City Council and City July 1, 1992 Administr FROM: Revin Batchelder, Administrative Assi�\�� SUBJECT: CASE N0. 92-20: Comprehensive Plan Amendment - Putnam `Site DI5CIISSION At their June 23rd meeting, the Planning Commission conducted a public hearing: to consider a Comprehensive Land Use Plan Amendment to the Putnam Site. The City Council initiated the Amendment process at their June 2nd meeting by resolution (see attached Resolution No. 92-33). At the same meeting, the Council directed the City Planner to prepare a Planner's Report addressing the appropriate planning issues (see attached June 23rd Planner's Report ) . • The public hearing had been published for in the City's official newspaper, the Mendota Heights/West St. Paul Sun Current, and notice had been mailed to Mr. Putnam who owns the subject property. There was no one present for the hearing. The City did receive via facsimile, a request to table the public hearing from Mr. Don Jensen, a Rottlund Homes representative. This request arrived after business" hours and was not discovered until the morning after the public hearing (see attached request). The Planning Commission discussed the Planner's Report and felt it gave a good overview of land use factors and their evolution since 1985, in the Southeast Area. The Planning Commission felt that changes in projected density, traffic, open space and parks, and in air traffic, and its associated noise levels, have created a need for less dense development patterns in this area. For instance, the Planning Commission noted that development has not been as dense as originally guided for the Southeast Area and that the land north and east of the Putnam site are now existing single family, which would be inconsistent with HR-PUD. The Planning Commission noted that the Centex settlement was negotiated to be significantly less dense than the Comprehensive Plan allowed for. The Planning Commission also felt that HR-PUD was inconsistent with the traffic levels being experienced at the Dodd Road and I-494 intersections. The Planning Commission felt that the City has lost open space opportunities in the Southeast Area and that high residential densities are not appropriate land uses in the Airport Noise Zones (see minutes for detailed discussion). The Planning Commission came to the conclusion that HR-PUD was incompatible for this area and the guide plan should be changed to NIlZ-PUD, or less. Comprehensive Plan Amendments need to be approved by the Metropolitan Council. This amendment would be considered a Minor Comprehensive Plan Amendment because it does not significantly affect metropolitan regional infrastructure or systems. The Metropolitan Council's approval process for minor amendments is ten days at a minimum, if a sixty day public comments process is not recommended. The longer sixty day process only occurs in cases of significant metropolitan infrastructure impacts. Staff will forward the application for Metropolitan Council approval, and if the City Council desires to implement the Planning Commission recommendation, it should be contingent on Metropolitan Council approval. The Planning Commission voted 6-0 to recommend that City Council amend the Comprehensive Land Use Plan for the Putnam site from HR-PUD to MR-PUD, or less. ACTION REQIIIRED If the City Council desires to implement the Planning Commission's recommendation they should pass a motion to adopt Resolution No. 92- A RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT . KLB:kkb CITY OF MENDOTA HEIGHTS DAROTA COIINTY, MINNESOTA RESOLIITION NO. 92- A RESOLIITION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT WHEREAS, on October 15, 1985, the City Council of the City of Mendota Heights adopted a Comprehensive Land Use Plan for the Southeast Area of Mendota Heights; and WSEREAS, significant changes have occurred in key development factors since the original Southeast Area Study was completed; and WHEREAS, a rezoning request for a certain 10.63 acre parcel located in the Southeast Area was denied by City Council in Resolution No. 92-28 on Ma.y 5, 1992, said parcel depicted on Exhibit A attached hereto and referred to as the "Putnam Site" and incorporated herein (the "Property"); and WHEREAS, the City Council of the City of Mendota Heights initiated a request with the Metropolitan Council for a Comprehensive Land Use Plan Amendment at their June 2, 1992 meeting by appro�ring Resolution No. 92-33; and in1HEREAS, the Planning Commission of the City of Mendota He.ights has conducted the required public hearing at their June 23 , 1992 meeting and unanimously �recommended that the City Council approve a Minor Amendment to the Comprehensive Land Use Plan to change the land use guidance for the above said Putnam Site from 'HR-PUD to MR-PUD, or less. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights that a Minor Comprehensive Land Use Plan Amendment, subject to Metropolitan Counc�il approval, be approved changing the land use guidance designation for the above said Putnam Site from HR-PUD (High Density Residential - Planned Unit Development) to MR-PUD (Medium Density Residential -Planned Unit Development). Adopted by the City Council of the City of Mendota Heights this 7th day of July, 1992. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Ma.yor ATTEST: Kathleen M. Swanson, City Clerk � � �` , � . + ' �.�. . ��.»R � � � /) 3 ,,�BRIDGEYIEW SHORE BAiDGEVi � SHOFiES �` � 1� j '� 2 � � � T � � � ( r� � �,� 4''� _� /� � �,{'�-.. , ____- m ' "''--. ---.._ � __ _______------____/1._ _ .,______ . '�� ^.�_.....«.�_,..... _.._ =..---�__.. A HE1flKCS fiOAO , , . —.._..--.----'.�----"' -,r.,� . . • ___...M..� .w --rainr--- --. ..._..mm--...,_ � � j = � t N I. � i � Outlot A d � ' � ��. �u KW V. x � , � 4 BLOCK 1 a a� v, r. � �. .� L,�.. .� ..� �� . �,' O� � Q�`� 1 » `�, M �-'�'= = � � = - _ -_ --%' .; �.::E: �•, '�. . � • ;; � . . o' j T �egal Descriptfion � '.: " • �+ • Ait tn�t ►+rt ot tne Sautnait 4v+►ter •t tnt Seutn�nt Ou�.ter er Sear�on _ :_�=:�� ' '�•�� :;.� 7S, So•ni1+1► i; kartA, Riagr t] Irtitr ��tA itet t�ttsrir at cae ttntrritiar '.s �.,. '' pt podl ta1, �u�Dl �M nserrin tnerNra tM [�tit i!0 teet or th� Sovin ��z� `:;. {i0 tttt !M t1S0 t=tt►tin� {nt fN�ate� tettNN1 t�+cit '1 O•... �0� w�itC towencin ii tne tntrrlettton •f tM MortA lint N ti�t� SoutAr�tit ,� ~`�� ' ;. i • ItOCM� quuter a� 1Rt Southt�yt Cu:rtet �t saH SKt4u� �5 rtt6 tM center• �i � '�;, llnt ef Da1� ��Ai tneMe [�lt 1/ rodfi thrMt SovlA i roH{ 4�ence i � �` .Ytit tQ tM ;MlRt11Rf Yf lii� 6odt ��:Ij l�tntt kO�tA ilOn� HI� ' � ��.; "'"""'"�""` 0 ct�ttrllne ot po40 Ro+a t� tAf t11ct tf !tllnnln�, ,�_.. " '..�'____iew \�.._" . :Y�`�. �„� �wnN�w .... A1tt � `. _ _ � . � �. :» � � _ :: �'_`^�:�.:.:trili.� -�-� wn �tw++n ' ,�,��,��„�„�,�„�„��„ �,�� SRt YtLi ai4 {tti it t�t Mofth ii0 iltt if tAt SoutAwlt Ou�rtfr pf C�t Soul�• ��'�""'•�• rett Gu►rttr o! Sett4on ?f, Ta.nslslM 21 It4r;Ai Rie�t t� iklt. ' BUpRQUN01N0 CONDITIONS -�"«r'�':�='=.^ '" """"""" '"'"' TNE ROTTtUNd CtiMPANY WINTEAWdOD C01lRTYARD HOMEf �.. .,....... .v _ ._._ ._.. w» u. \� PREtiMINAAY PtJU 1 2 � a °: 5 � ti�' PLANlvING REPOR7C, , DATE: CASE NUMBER: APPLICANT: LOCATION: � ACTION REQUESTED: PREPARED� BY: REVIEWED BY; PLAI�NING CONSIDERATIONSt BACKGROUND i�conrc�u;; en CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE N(JRTH SUITE 210 MINNEAPOLIS, MN S54d2 612�339•3300 23 7une 1992 ��-zo City af Mendota �Ieights Sautheast Quadrant af Dodd Road and Mendota Heights Road Comprehensive Land Use Plan Amendment Tirn Malloy, Planner C. Iohn Uban The Ciry Cauncil, at their June 2nd meeting, passed a resolution (92-33) initiating a Comprehensive Plan Amendment far the Pumam Site lacated in the southeast quadrant of Dodd Road and Mendota Heights Road. The amendment would change the officiai Iand use designation of the 10.63-acre parcei from HR-PL1D to MR-PUD. This reduces the density on the property fram eight units per acre to fouc units per acre. Aathorization for Ciiy initiatian of a Camprehensive Fiari Amendment is covered under Chapter 462.355 of the Minnesota State Statutes. This statute recognizes the need and respansibility for municipaiities to amend their Comgrehensive Plans in response to changing czrcumstances and to refIect new community needs and aspirations. _ The resoiutian refers this matter back to the Planning Commission for review and public hearing at the 7une 23, 1992 Planning Commission meeting. This is consistent with the proceclure for cornprehensive pIan amendments as described in Section S.9 of the Mettdota Heights Zoning C;zdinance. The current iand use designation for this praperty was established as a zesuit of the �ndings of the Southeast Area Study, a land use study cornpletecl in 1985. Resolution 92-33 identiiies significant changes in key develapment factars since the Study was compieted and the recent deniai of a request to rezone the property in accordance with the current land use designation as the basis for amending the Comprehensive La.nd Use Pian, Mendota Heights, Case No. 92 20 23 June 1992 Page 2 When considering an amendment to the Comprehensive Plan, the Planning Commission should determine whether conditions relative to the subject property and the proposed amendment have changed since the existing plan was adopted and whether the goals and aspirations of the Community have changed with respect to development in this area of the City. If the goals and supporting guidelines found in the current plan are not to be changed, then any amendment to the official Land Use Plan must be consistent with those goals. In this report we will review the development factors that have changed significandy since the Southeast Area Study was completed. 'The effect those changes have on the development potential of the subject property will also be discussed. The proposed amendment will also be reviewed for its consistency with the current goals and policies of the Communiry as identified in the Comprehensive Plan as amended. The information in this report is based on a review of the following documents: Ciry of Me�ulota Heights Comprehensive Land Use Plan; City of Mendota Heights, 1979. Southeast Area Study; Dahlgren, Shardlc�w and Uban, 1985. Southeast Area Comprehensive Plan Amendment Met Council Submission (as revised for airpc�rr noise compatibility); City of Mendota Heights, November 1987. Mendota Heights Noise•Attenuation Ordinance; Ciry of Mendota Heights, 1987. Builders Guide for Implementation of the Metropc�litmi Council Air.crQft Noise Compatibility Guidelines; Metropolitan Council, January 1989. Dodd Road/Intersrate 494 Tra„�`'ic Siud'y; •Short-Elliot- H�ndricksan, Ine., JaiYuary 1989. Southeast Area Scoping Study; Dahlgren, Shardlow, and Uban, Ync., May 1991. Past Planning Reports (retated to subject property); Dahlgren, Shardlow and Uban, Inc., various dates. ' In addition to reviewing the documents listed above, Bob Byers of Short-Elliot-Hendrickson was intervie�ved regazding pot�ntial changes in regional transportation issues since the Southeast Area Scoping Steidy was completed. His comments are discussed under the section titled Traffic. DF.VELOPMENT FACTORS Much has happened in the Southeast Area since the 19851and use study was completed. The Southea��t Area Scoping Study discusses the development factors that have changed the most in the years since the original Southeast Area Study was campleted. The area covered in most of the discussions in the Scoping Study includes the subject property, also refened to as the Putnam Site. Figure 1, taken from that shidy, has been modified to show the location of the Putnam Site within the original study azea. Little has changed since the Scoping Study was prepared and it was relied on heavily for the discussions ir this review. Surrounding Land Use Figure 2 illustrates the existing land use in the azea surrounding the subject property. While much of the land within the Southeast Area has been, or is being, developed, most of the development that has Mendota Heights, Case No. 92-20 23 June 1992 Page 3 Figure 3). For example, the Patrick/Clark property, which is located immediately east of the subject property, was guided for HR-PUD on the Amended Plan, but has subsequently been develoged for single-family lots. The original intent when the current land use plan was being designed, was to have all of the land south of Mendota Heights Road develop for multi-family residential use with the most dense projects located on the west, where airport and highway noise are greatest, and gradually less dense development toward the east Tfiis pattern has been interrupted both by the single-family development on the Patrick/Clark property and on the far east end of the area where single-family development is also occurring. Under the Amended Comprehensive Plan, a multi-family development on the subject property would have been bordered on the east by a similar multi-family development. Under the current situation, allowing higher density development on the subject progerty creates a minor land use conflict with the existing single-family homes on the Patrick/Clark parcel. After lengthy discussions and review, the density of development in the second phase of the Kensington project was also reduced. The original plan for the en6re Kensington area included 555 units, all but 48 of which were to be multi-family units. Under the plan that has now been approved and is in the process of being constructed, the total number of units has been reduced to 385, with 98 of those being single-family homes. Figure 4 shows the final layout for the Phase II area and the remainder of the Southeast Area east of the subject property. The subject property now has single-family developments to the north and east The land to the west of the subject property also includes three single-family lots. However, beyond these lots is a large tract of vacant land that is currenfly guided for LB-PUD or office business use. The single-family homes in this area would eventually be removed to make way for larger scale office structures. To the northwest of the subject property are the private school complexes of the Visitation Sisters and St Thomas Academy. There have been no changes to the existing or planned� land uses for the properties west of D.odd Road since the Southeast Area Study was completed. The key change in the land use pattern in the area south of Mendota Heights Road has been the general � reduction in the density of developmenCcompared to what is shown on the current land use plan. In addition, the single-family development on the Patrick/Clark site represents a significant change that has an effect on the compatibility of high-density residential development on the subject property. Traffic The traffic conditions in the area of the subject property have not changed appreciably since the Southeast Area Scoping Study was completed. That study revealed two key points related to traffic in the area that are pertinent to the current discussion regarding amending the land use designation for the Pufnam Site. The first is that assuming a reasonable level of service (LOS D) at Dodd Road and Mendota Heights Road, the existing roadway system would be adequate to handle the tra�c generated by the development contemplated under the current Comprehensive Land Use Plan for the Southeast Area. Since several,of the properties in the area are being developed at a density lower than indicated on the current plan, traffic should not be a significant issue for development of the subject property under either the eight units per acre or four units per acre density. It is expected that improvements will eventually have to 5e made at the Dodd Road and Mendota Heights Road intersection to handle additional traffic in this area. This is partially due to the fact that tr�c from developments in northern Eagan is expected to filter through this area. The Cities of Mendota Heights and Sunfish Lake have expressed opposition to the idea of addidonal access to I-494 at Delaware Avenue, which could reduce the traffic at Dodd Road. While reducing the density of development on the subject property could have minor value in reducing tr�c at Dodd Road and Mendota Heights Road, it is important to note that the amount of traffic in this part of the City is likely to increase more as a result of Mendota Heights, Case No. 92-20 23 June 1992 Page 4 Mendota Heights Road, it is important to note that the amount of traffic in this part of the City is likely to increase more as a result of development activity outside the Ciry than from future development in the Southeast Area. The second issue brought out in the Scoping Study was that the interchange on the south side of Dodd Road and I-494 (Eagan) was, at that time, experiencing considerable traffic congestion due to development activiry in northern Eagan. In a recent phone interview with Bob Byers of Short-Elliot-Hendrickson we were informed that traffic at this interchange has since increased and measures are being considered to remedy the situation. According to Bob, one of these measures involves adding double left-turn lanes on the south exit ramp for the southbound turning movement onto Dodd Road. The double lturn lane may reduce lane space canently used for the right-hand turn going north into Mendota Heights. This could increase the wait for Mendota Heights residents who use this exit ramp. It is believed that the measures currently being considered to increase capaciry at the south exit ramps for podd Road and I-494 would only help for a year or two before more extensive improvements will be necessary. These improvements could include redesigning the interchange. The proposed density reduction on the subject property would have minimal value to the situation at this interchange. A major reconstruction of this interchange would have an impact on�the subject property during construction and could have other impacts depending on its design. According to Mr. Byers, there have been no other changes in the regional transportation. system that would have any bearing on the proposed Comprehensive Plan Amendment. Airport Noise The discussion in the previous para�raphs, related to the reduction in the density of development in tr�e Southeast Area, points out a trend that highlights perhaps the most crucial issue for development in th:s area. What is the best development strategy for noise impacted areas? The subject property is located in an area that is subject to frequent overflights from the Minneapolis/St. Paul International Airport. Based on the information reviewed for the Southeast Area. Scoping Study, it would appear that the situation with respect to aircraft noise and noise related stress will continue to worsen for at least the next 10 years. In addition to the aircraft noise, this site also receives noise from the adjacent exit and entrance ramps for I-494, which are located along the southern edge of the property. The city's current policy for addressing devel�pment in areas impacted by aircraft noise centers around its L- and Use Plan (Figure 3) and Noise Attenuation Ordinance. The Noise Attenuation Ordinance is patterned after the Metropolitan Council's Guidelines for Land Use Compatibility with Aircraft Noise. These guidelines, which were published in the Aviation Chapter of the Metropolitan Development ' Guide in 1983, continue to be supported by the Metropolitan Council. The noise compatibility guidelines are'based on the idea that noise zones can be established, based on measureti noise levels and criteria for determining the impact of noise on humans, and that these zones can then be used to determine the compatibility of various land uses. During the original Southeast Area Stu@y, this system was used to helg determine the most appropriate land use pattern for the area. With respect to residential development, the Metropolitan Council's noise compatibility guidelines differentiate between various housing types baserl on criteria intended to minimize exposure to aircraft noise. While multi-family developments aze considered more compatible with aircraft noise than single-family developments, it is because of construction characteristics and relationship to the outdoors and not because of density. Table 1 illustrates the criteria used to determine the compatibility of Mendota Heights, Case No. 92 20 23 June I992 Page 5 various land uses within the four noise zones sunounding the MSP International Airport. Single-family homes are considered the most susceptible to noise because they are exposed on all four sides and have multiple entries. In addition, single-family homes have yards that allow people to spend more time outside where the effects of aircraft noise cannot be attenuated. Multi-family units are evaluated for their noise compatibility based on the number of common walls they have and whether they have shazed entries. Multi-family units are also considered to be more compatible in noise impacted areas because the cost of noise attenuation (multi-pane windows, heavier doors, special venting, etc.) can be spread out over more units. Apartment buildings are considered the most compatible because they have many shazed walls and they also have shared floors and ceilings on many units. They also h�ve common entries and frequendy have indoor or below grade�garages. Apartment buildings also do not have the kind of outdoor spaces that encourage frequent use by � residents. What may seem contrary under this rationale is that allowing multi-family units encourages more people to live in noise impacted areas. Even if their homes aze noise attenuated, these people still must venture outdoors. They walk to their cars, go for walks in the neighborhood, and would presumably want to visit the neighborhood park if there were one. This issue was mentioned many times during the process of reviewing the Kensington development. Clearly, •there is no advantage to allowing more people to live in a noise impacted area other than the . economic advantage of providing greater numbers of affordable housing units that can be easily noise attenuated. If the units were the same type in terms of noise attenuation, it would be preferable to have fewer rather than more units. The current land use plan for the area south of Mendota Heights Road and east of Dodd Road (Figure 3) shows two densities of multi-family development, HR-PUD (eight units per acre) and MR-PUD (faur units per acre). However, the City's expectation was that even at eight units per acre this area would be developed with variations of townhomes or low rise condominium units. Therefore, i£ it is the City's desire to provide housing in this area, but limit the the number of persons living in noise impacted areas, then it is reasonable to reduce the density on th� subject property. Reducing the density on the subject property has other advantages as well. It would improve the . relationship between the multi-family development on this property and the single-family developments locaterl to the east and north. A lower density townhome development would also allow more room to provide a noise buffer adjacent to the freeway ramps and could result in more open space. � Parks The proposed amendment would have no effect on park plans in this part of the City. This property has not been identified for park use in the Comprehensive Plan. The site is poorly suited for park use due to its location at the intersection of two major thoroughfares and Interstate 494. The site is isolated from the .sunounding residential areas by these roadways and has little to offer in terms of amenities for park use. With the addition of Kensington Park, the parks that were proposeci for this area in the 1979 Comprehensive Plan have been provided. The Southeast Area Scoping Study discussed the issue of parks and park facilities in some detail. That study pointed out that the city had exceeded the goal identified in the 1979 Plan in terms of park acreage even before the addition of Kensington Park. The Scoping Study also stated that additional facilities were needed for hockey, free-skating, soccer, and softball. Table 2, which was taken from the . Scoping Study, has been modifed to show curcent facilities. Kensington Park is outlined by a heavy Mend�ta Heights, Case No, 92 20 23 June X992 Page 5 box on this tabie. This park wiil grovide two new soccer fields when it is completed. Basicalty, the garks in the area would serve the subject praperiy adequately whether it was cievetoged at eight units per acre or four units per acre. GOALS The Sauthe.ast Area Amendment is cansidered an addendum to the 1979 Comprehensive Plan. The gaais identifierl in the Sautheast Area Amendment ara in addition to thase found in the 1979 Pian. The following goals and suppqrting guidelines were established specifically for the Southeast Area: Goal !/1: To provide a diversify of housing types within the muiti-family resideniial areas of the Southeast Area. Supporting Guideline: Repetitive design of structures shall be limited to 150 units in a given deveiopment or on cantiguc�us groperties. . GoaX �12: To encourage development that w�ll be sensitive to the natural beauty and terrain of the Southeast Are2t. Goal #3: To enc4urage devetopment ai an appropriate scale %r the area. Supporting Guideline: Muiti-family structures shauld be no mare than 24 units ger building, except by Conditional Use Permit. Goal �/4: To encourage development that provides the opportunity for property owncrship by its residents (this is recognizeti as beneficiai to the commurtity as a whale}. i'he prapased amendment is not inconsistent with these goals. Tha fact that the property will continue to be designated far multi-family development is consistent with goals 1 and 4. CONCLUSIt�N Based on the inforrnation we have reviewed, we believe some changes have occurred that merit minor revisians to the land use designation on the suhject praperty. The City may wish to consider adding a goal ta the Plan that addresses the issue of development within noise impacted azeas. The City is faced with the task of balancing the econamic benefits af scale in tarms af sgreading the cost af naise attenuation with the desire to limit the number of persans exposed to noise related stress and the need to develop the area c:onsistent with the surrounding predominantly single-family neighbarhood. ACTIC3N Cansider the issaes reiated ta the proposed Land Use i'Ian Amendment, conduct the public hearing and make a recommendation to the City Council regarding amending the land use designation on the Futnam Site from HR-PUD to MR-PUD. �, r- �_ �� s J, i -- �._..��_:.-.�__ =-� =-_-_-=:._�=--.� -_-��-�=-=�c�=� .s� ti•. � � � =="a"'==_�"- _' �""� ____,�,,.._�, " . V `� i�� a s � 1,' �� , ; �� I * b �•\ L. " :. �� ' � � '��'i : ce.; ' —1—�'`' '�. 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Table 1 City of Mendot� Heights SE Area Scoping Study Noise Compatibility Noise Reduction Level in dBA Required to Meet Standards For Use at MINNEAPOLIS-ST. PAUL AIRPORT IN NEW DEVELOPMENT AND MAJOR DEVELOPMENT� (The Noise Reduction Level nitmbers specify for each type of land use the amount of interior sound level reduction necessary for the use to be compatible in the applicable Aircraft Noise Zone). AIRCRAFT NOISE ZONE LAND USE TYPE 2 I II III IV Leq(80+) (75-80) (70-75) (65-70) RESIDENTIAL Single/multiplex with individual entrance. INCO INCO INCO 25 Multiplex/apartment with shared entrance 3- INCO 35 30 25 Mobile Home .� INCO INCO INCO 25 EDUCATIONAL AND MEDICAL Schools, churches� hospital, nursing homes INCO INCO INCO 25 CULTURAL� ENTERTAINMENT, RECREATIONAL 35 30 25 20 OFFICE� COMMERCIAL, REi'AIL 35 30 25 CNST SERVICES � � Transportation-passenger facilities - 35 30 25 CNST Transient Lodging INCO 30 25 20 Other medical, health & educational services 35 30 25 CNST Other services 35 30 25 CNST INDUSTRIAL� COMMUNICATION, UTILITY 25 CNST CNST CNST AGRICULTURAL LAND, WATER AREA, ' RESOURCE EXTRACTION CNST CNST CNST CNST � As defined in the Metropolitan Council's Aviation Chapter of the Metropolitan Development Guide. 2 Applicable for off-airport use only. 3 These uses do not permit "in the wall" air-conditioning units in Zones I, II, and III. INCO means inconsistent CNST means consistent SOURCE: City of Mendota Heights, O�dinance for Aircraft Noise Attenuation Ta� 2 City of Menda#a He�ghts Mendota Heights Park �Facility Inventory ' �� : . .. ��o��Q�ii�� .:: . .. o��o�� .:. . . o��o�� o��■■��■� ��o��■��■�■■� � .. : .. ��o��■��a�� • � � • . ��o��■■��■�� , , .. ��0000000�soo� Combination/Ove�lay Field ' New or improved Facilibes Added Since 1985 Park Shel#er . Adu1t Softbail Fiefds used for Yauth Baseball ;?��:�A:�'�`.: S :. SOURCES: Barton-Aschman Associates, Inc. Dahlgren, Shardlow & Uban, inc. City of Mendota Heights Park and Recreation Facility Needs Study �L � JUN-23-1992 16�45 FROM R H(�1��ES a amsrox or I7iE ROTTLLT'D CODSP.�tVL' INC� TO: Menda�a; Heights Planning Cornmi.ssioners Kevin Batchelder, Administrative Assistant I1�OM: Don Jcnscn; Thc Rottlund Company DATE: June 23, 1992 RE: Case #92-2U Comp Pian Ame�dment TO 4528940 P.02 The Rott�und Company is 'rlisappointed that the Pianning CQmmission is contemplating Iowering the guide glan density fronn 8 wzits per acre to 4 units per acre. The p�evions plan for 58 tow�homes'of f1,400 squue feet per �nit clearly respdnded to both the sit�, site noise chsracterisdcs, and lack of any reasonable site amenities such as pre�-e�istiag topography arid vegetatian The provis�.on. of a$orcizabiy priced ho�sing targeting empty aesters is one that Mendota i�eights �, not �re high end hausing thac may be subject to turnover when one of the twa worke�s loses their joh. The i 4�0's ar+e tirne ta heeome realictie ahtsut houcing cnctc, affn�ti�Uility and our �ging cirizens. Our company has continuai to be successful by providing a lot of vaiue in a ho�� at a fair and reasonable price to the buyer regardl�ss af our target custamer. Regarding density, your previous denial was not hased an aity code issue of substance, m�rely convenient phrases which impl�ed you don't want people livin� in $9U,OOQ townt�ames next to single f�ily detached houses. Council wo�nan Blessner stated, "I have no doubt that if this site plan were exactl.y the same, but had units twice the size for twice the cost, that this Counctl _ wuulci appruvc i�." Der�sity aluFte dt� �o� a�ldr�ss �itc plaauiuig vbjeGlivcs vr zvning c;txle issues af huilding coverage, pazidng stalls required, and other items of design that provide re�list�c and acceptable rules to the development community. iVierely not l�king a design in the a�sence of these g�idelines is just not good enongh, or Iegai. We recomr�end you table the co�tsideration of �he guide plan amendment until yo� further examine other constraints to �rriving at an approvab�c sibc plan with sp�cd guidclincs or codc i�qui�mcnts for a f�R-�'VD guidcd tonc. 5�,ISC DJM�iCOMM.doc Phone fi12-57I-0304 Fa� G1257l-l085 52{11 East Rive� Road #34I �ridley, MN 55421 CITY OF MENDOTA HEIGHTS •M��7 T0: PlanriYng Commission June 23, 1992 FROM: James E. Danielson, Public Works Director SUBJECT: Putnam Site Lawsuit DISCIISSION . On late Friday, June 19th, the City was served a copy of a lawsuit from Rottlund Company and R.A. Putnam Associates asking .the Court to approve in a Declatory. Judgment to rezone their property to HI2-PUD, approve their sketch plan and grant a Conditional Use Permit . ' . This complaint con.cerns the same land that is being considered this evening for a Minor Comprehensive Plan Amendment for which there is a hearing scheduled at 7:45 P.M. (Case No. 92-20). It is the City Attorney' s opinion that this lawsuit should not delay •the City's cons�ideration of this Comprehensive Plan Amendment. The Planning Commi.ssion should therefore continue to hold the public hearing and consider the amendment, with special focus on things that have chan�ged since the HR-PUD designation was esta.blished on the parcel in 1985. NOTE: Copies of the lawsuit are available at City Hall for�review by any interested Planning Commission members. r JED:kkb - CITY OF MENDOTA HEIGHTS NOTICL OF HEARING June 3, 1992 TO WHOM IT MAY'GONCFRN: NOTIC$ is hereby given that the Planning Commission� of Mendota Heights will meet at 7:45 o'clock P.M., or as soon as possible thereafter, on Tuesday, June 23, 1992, in the City Hall Council Chambers, 1101�Victoria Curue, Mendota Heights,� Minnesota, 'to consider a.n application i.nitiated by the City Coun.cil of the City of Mendota Heighte for a Minor Comprehensive Plan Amendment to amend the land use guid�e plan from H.igh Denaity Reaidential Planned IInit �evelopment .(ffit-PIJD) to Medium Density Residential Planned Unit Development :(NIl2-PUD) at the following described property: A17: that part of the Southeast Quarter of• the Southeast Quarter of Section 35, Township 28 Narth, Ra.nge 23 West, which lies Easterly of the centerline of Dodd Road, except and reserving therefrom the Sast 220. feet of the South 660 feet and also excepting the following described tract: Commencing Southeast Section 35 14 rods; centerline centerline Also at the intersection of the North line of said Qua�:ter of the Southeast Quarter of said with the centerline of Dodd Road; thence East thence South 6� rods; thence West to the of said Dodd Road; thence North along said bf Dodd Road to the place of beginning. The West 460 feet of the North 660 feet of the southwest Quart�r of the Southwest Quarter of Section 36, Township 28 North, Range 23 West. More particularly, this property is located at the�Southwest corner of Mendota Heights Road and Trunk Highway 149 (Dodd Road). This notice is pursuant to City of Mendota Heights Ordinance No. 401. Such persons as desire to be heard with reference to the proposed Minor Comprehensive Plan Amendment will be heard at thrs meeting. Rathleen M. Swanson City Clerk ;Y, i�e':� .. � •- � : : . � .. � � : . . . � : . � . . . � ��Cxt�r' -.t�►� . . � t� ::� � � �. . . . . 1't�iendata Heig�fits� June s, 1.992 . Mr. Richa.rd P�a�nam 2765 Casco Poii�t Road Wayzata, MI�T 55391 Dear Mr. Putnam: � Enclosed please . find a hearing notice announci.ng a publ�ic heasing a� tb:e June 23, 1992 . Planaing Commisaion mee� � at 7': 45 o'clock P.M.,� City��xall, 1181 Victori�. Curve to� consider a Comprehensive Plan Amendment. The�City�Council initiated this amendment at their June 2, 1992�meeting. . .The purpose`-of the public hearing is to consider a lan.d use . amendnt�nt from HI2.-PIID to NIlZ-PUD. Should you have any queations �or concerns, please contact me a� 452-1850: . � Sincerely, . . �C%�,, L��.*.�.�--- ', Revin Batchelder �-. �►dministrative Assistant .+� =�:�*ii:7 . Enclosures cc: Tam Lawell �11t11 V��tc�r�a Curvp .1V[Pndota Hei�shts. 1VSN • 5511$ 452•1850 ` S -` • ' ,,Cy �l � 9 STATE OF MINNESOTA ) "' CL}UI�[TY OF DARUTA } s. s. CITY OF MENDOTA HBIGHTS) � ' ,,, , . I,•I€a.thleen M. Swanson, being the duly appoanted and acting City Clerk of the City of Mendota �Ieights, do� hereby� CERTIFY tha� the attached Resolution No. 92-33r "A Resolutian Initiata:ng a Comprehensive Plan �mendment for•the Putnam�Site"j is a true and e�ct. copy of said original� Resolution on file in. my office, . Signed �.nd aealed by my hand this 8th day of Jun.e, 1992, � Kathleen M. Swanson _ . City Clerk {SEAL) 0 � -s � �� . " . ... . �� CITY QF �?fS�TDOTA HE=GHTS DAIt4TA COIINTY, MINNSSOTA RESOLUTION NO. 92- 33 , A RLSOLIITION IN'ITIA'TING A C4�RhH8NSIVE PLAN AMEi+TDP�N'P FOR T8S i'UTNAM SZTE WSB�, on October l5, 1985, the City Council of the City of Mendota Heig�i�s adopted a Comprehensi.ve itand Use Plan for the Southeast Area of Mendota Heights; and WHER:�`�S, significant �changes have occurred in 1�ey development factors since the original Southeast Area Study wa.s comp].eted; and T�RF�S, a rezoning request for a certain. 10.63 acre parcel 3ocated in southeast area was.denied by.City Council in Resalutian No. 92-28 �on May 5�, 19�2, said parcel depic�ed on Exhibit A attached hereto :.�and referred to �as the "Putnam Site" and incorpora.ted herein (the "Praperty° ) ; an.d �iSEREAS, the Planning Commission of the Ci�y of Mendata i%ight�, at their May•26, 1992 meeting, recommended that the City Council initiate a Comprehensive PZa.n Anze�.dment for the above described property tcs consider a change in � land use designa.tion from 8R-PUD to MR.-PDD and to refer the matter �to �a public hearing scrteduled tor the June 23, 1992 Planning Commission meeting: , N0� TSERLFORE, IT =S 88RSBY RESOLVED'that the City Council af " the City of Mendota : Heighta initiate a request with� tb.e Metropoli�an Council for a-Camprehensive Pla.n Amendment for the above described property to �change the land use designation from HR-PIID to NIl2-P'OD. , . . SS - IT FL3RTHSR RBS4LVED tha.t the PZanning Co�ss�ion -�ail3. conduct the required public hearing at i�s June 23, 1992 meeting. Adopted by the City Council o�' the Cit�y of Mendota Heights tha.s 2nd day of Jun�j 1992. = C2TY COUNGIL CITY 4F MENDOTA HEIGHTS By, Ghax�.es E. Mertensotta/sj Charles E. Mertensotto, Mayor ATTEST: � thleen M. Swa.nson, City Clerk r EXHIBIT �,A° � . . . � � . . �� '� ,� • ' . r s ' 3 ,,�BRIDQEVIEW SHORE . ' i BRiCiGEV1EWjSNORES �� . � � 1 .. 1 $ �""��r '� i $ f 7 3 � `� 1 /� �~�1\ ♦ ` �i� •�♦ ��• � . �`'�.._ •"'.�..� ,.�.,.��..��«» �«.�....�......«.�.,..�� — ^��.�—.�.�.��—��.�i,`� ��. .��..._�..�^��..� — • � � . . � - � . A I M '•l. G � • j o�tzoc �► a KMM. �uMµ a + . x t . • ' � . �- ..� unx- . MENGOT.�.EIONTS ROAO , , . —.,.---•--�-�'•�•-- b... + ••- ---�N-... ' ,...rnm--... ,,,__..._..�- ,n� .+" xip.' 3a» a» i BL.00K 1 � � {U/� V. w.�...n � w.. �. ? a �� , i ~� � '� µ J'r� __... . ,r ~ 4 .. n,n.n l � � ��s .. .. � ' . 3 ,.� �j,r � � �r� r�� w.+ u � r� . ' / / \ • �,g� t i 1 r� • �� & .. � � O ,. O� Q � ' ""_""-�-.., . _—.� .._. s' C1 0 �J � 1 _, .""�'.^,`,,� '"� `' +� ' 1 �==». ' fn��,_ -----:_ .., � �, '`� �� ' �' ' T�� =M • � �' +.3 � ' � - � � o � L.egal Description � - • � �� • AI) lhit �I/t •f tht S1ptANll Q4�rttf N t�e Seul�Nt1 Oulrter sf 3ttt16e ., � ��~~, � . �� ,• "��;ti .;�„� L 7S. iwn�nt► 2� kartA; R�n�� 2� Ytsi� M1tA ltt; t�it��ir sf tnt ctaterl}nr `,� 3i�� ; , �t Dodl 1��, �xte►t �M rettrvin tAtr!/�a tM (�1t tt0 t�st ef tnt Soutn '0„�, �_ s�4��i_� ' �� ''�,yi `�'� •, a , � � ' �u {f0 teet �M �h� ��certte� tM f�t�wtnt letsr4N1 trutt . i; � ""'�,k ��.� `,', � �O��D n LOw�tACl� �1 {M 111lfttRi�IM �f tM �orth 11M •f H11 SOYt�tlt! i qvuter sS tn� S+�tttatt Wa�ter rt sai� Satys� 3S rie� ter tsnter• �{ �: �� '�.ti+ � lIM �i Oo41 t�� M�MR Utl 11 r011{ tMM� SeutA i ropt tAmte . �ti �M�� Yt1t t� tMt CMttrllM �t t�l/ 4od! RN�; tAltKt kOr4n �ten� itfi �, � u •'%' � �• 1 , 0 cinteri�ae rt onn Rui t� tne p�ct �t ie��nntn�. .►- .�..». .::� ••: w�+n.r�w � in. ` ...... Aitt M�� ^ ��.,� �_..��„_.,_.,� ��; �� _ 1nt Yett !/0 lert 1f tn� MertM t�0 ttet �t !6t Soutlw�tt Qu+rttr ot Rr+r Sautn� :%,•�•.`+ �! "•'��• vttit Outrttr N Stttien �i, tansr�i� ti NwtM� �anK t� rsst. �= SURRQUNOINa CONb171bNS ,«�"�;� ��» 5...�.� �� : �"«.r3 .»�,.�..�...� +i,r� _. iHE ROti1!!ND COIAPl1NY iNlNiE!►YVOOa CQUAlYMD HOMEt PRELSMINARY ALAS , ��. • _ ,. a CITY OF MSI+i'D{}TA HSTGHTS Ja�AROTA COIIN'TY,' MINN�SOTA R�SOLUTION N4. 92-28 RSS4LIITION AND FIND3�IGS OF FACT �ITH RLSPBCT T4 APPLICATI4N OF TS'E RCiTTL'QND �OMPAIJY, INC. APPLICAT=ON FOR RSZONING, CONDITIONAL USE I�SRM�T F4R PLANi�i'FD UNI� D�SLQPMgt.+iT �I�TD SUBDIV=SION WBEREAS, on February 4, 1992, the Rottlund Company, Inc. ("applica.n.t") submitted an applica.tion to the Cit�r of Mendo�a Height�s {�he "City"} for rezoning of a certain 10.63 acre parcel located in the southeast .area of the City and depicted an • Fach.ibit A attached hereto and ineorparated herein {the�"Praperty"y, along wi�h an application far a conditional us+e permit ior a� planned unit development, including sketch plan and subdivision approval,�for the Property (colJ.ectively, the ",Ap}�lica.�ionp ) ; and �W,E�RL�S, the Ci:ty's Planning Comwission 'conducted public hearings on February 25, and March 4, � 1992, ' tivith respect t�o the Application and praposed praject; and ��. TaBERi�AS, by unanimous vote, the Plannin.g Commi.ssion recommended denial of the Application; and � , WBR��..�+�, �he City Council considered the Appli�cation at i�e ' regularly scheduled City Council meetings on April 7; and.April 2l, 1992 and received public comments at eaid meetings;.and• w8'ERF��'�S, 'the' Ci�y Cauncii makes and adopts the followi.ng findings af fact'with respect to the Application and�.proposed proj ect : - � - _ 1. 'The proposed groject does not preserve the natural an.d scenic qualities of the subject areas. . 2, The proposed proj ect does not lim:it devel.opment to a sca7.e appropriate to the exa.sting terrain and surrounding land use, 3.� The praposed project does nat result in an effective and unified treat.men� of the development possibilities on the project site. � 4. 5, The proposed proj ect does not harmonize with. e�.sting and proposed developments�in the areas �urrounding the �ite. The propased project has �he potential to depreciate surrounding property va.lues, ' . . 1 � � 6. The proposed proj ect uses pri.vate streets • of i.na.ppropriate widths; the City's policies encourage, wherever possible, dedication of public streets and roadways. 7. The praposed off s�reet parki.ng fails to'camply with Section 12.5 Subd. 2 of the Mendata I�eights Zoning Ordinances. ,�f 8. The Applicant does not now have a final development plan for Qu�lot A�of the proposed praject, which is intended for use as a day care cen�er. � 9. While the City`s Gomprehensive Plan was cha'nged in�1985 ta designate tha:s property for HR-PUD, a number af ' substantial changes have taken place in the 'southeas� area af_ �he City since that time which ma�r render �such designation in,appropriate. � rTOW•THERSFQRS, IT IS 88RSBY RBSOL'VED, that.Applicant's mation to rez'one the Property to 8R-PIID zoning classification is�denied. ; Adopted by �he City Council of the City o� Meudota Height�s • this 5th day of May, 1992. • � ��c, _ i Rathleen M. Swanson City Clerk CITY C4IINCIL CITY OF N�NDpTA HEIGHTS By ,,��''� �"." .�f�',.:.,�' Charles E. Merten�otto Mayor � b CITY OF MENDOTA HEIGHTS July 2, 1992 TO: Mayor and City Council FROM: Tom Lawell, City Administr SUBJECT: Tax Increment Financing Usage Policy DISCIISSION During the recent Council consideration of the VGC Corporation Tax Increment Financing (TIF) request, Council indicated its desire to adopt a.formal TIF Usage Policy and Application Process. Attached please find a Draft Policy prepared by City staff for your review and comment. The purpose of the Policy is ,to provide criteria and a detailed procedure to follow in considering requests for tax increment financing assistance consistent with the City's Tax Increment Financing Plan which was adopted on April 1, 1981. The Policy document sets forth the criteria and administrative process which must be followed to be considered for TIF assistance, and the two page application form provides a check list for a developer to follow in making application to the City. ACTION REQIIIRED Council should consider adoption of the Policy in its present form or provide direction to staff regarding any modification which ma.y be necessary. MTL:kkb CITY OF MSI�TDOTA HEIGHTS TAX INCRED�NT FINANCING POLICY �� APPLICATION INFORMATION Adopted by the Mendota Heights City Council on z�' r , CITY OF MENDOTA HEIGHTS TAX INCREMENT FINANCING POLICY PIIRPOSE The City of Mendota Heights recognizes that it is essential to maintain the strength and vitality of its economic base and to provide increased opportunities for employment, business development and private investment within the community. In pursuit of this objective, the City in 1981 did create a Tax Increment Financing (TIF) District within the City pursuant to applicable Minnesota State Statute. The purpose of this Policy is to establish criteria for TIF consideration and to set forth application procedures which must be followed. CRITLRIA As set forth in the Tax Increment Financing Plan adopted in 1981, the use of TIF can benefit the community by attracting development and creating employment opportunities, while at the same time accomplishing specific redevelopment goals within the City. Because the availability of TIF is limited both by geographical area and the remaining term of the•TIF District, the City must carefully consider each request for TIF assistance in relation to the total remaining TIF capacity within the District. Factors which may be taken into consideration by the City in evaluating each TIF request include the following: 1. What is the financial feasibility of the proposed project? 2. Is significant new employment potential created? 3. Does the project create incentive for future development? 4. What impact will the project have on the City's tax base? 5. Will�the project demand inordinate City services? 6. Does the proj ect support existing industrial or commercial operations in the City? 7. Is the project compatible with the City's overall development plans and objectives for the area? 8. Would the project proceed in its present design and time table without TIF? 9. Is the quality and character of the project consistent with City expectations? _o 10. If applicable, does the project comply with construction limitations in effect within the MAC site? POLICY The City's approval of TIF usage should only occur after the completio� of a thorough analysis of the proposed project. The company or individual requesting approval for TIF will be required to comply with the following: 1. The applicant at all times must retain and be assisted by legal counsel, separate and independent from the City. � 2. Construction of the project shall not be commenced until the City has given preliminary approval to the application for financing. 3. The City reserves the right to deny any application for financing at any stage of the proceedings prior to adoption of the final approval authorizing TIF use. 4. The City shall be reimbursed by the applicant for all City and City consultant costs related to the proposed or actual use of TIF. The City ma.y require the applicant to deposit an administrative escrow to cover costs incurred by the City in connection with the proposed project at any time. The fact that an applicant's escrow is accepted by the City is not to be construed as a guarantee that the City will authorize the project under consideration. The City may request and receive from the applicant an additional administration escrow in an amount to be determined from time-to-time by the City should associated costs exceed the initial deposit. 5. In addition to any escrow amount required, the City reserves the right to allocate up to five percent of all TIF proceeds to cover administrative costs of the District as a whole. 6. All applications and supporting materials and documents submitted to the City shall become the property of the City and as such are public documents. 7. The City reserves the right to select a third party to assist in the review of TIF applications and the administration of the TIF Program. S. Assuming the proj ect is approved by the City for TIF use, costs eligible for reimbursement include water, sanitary sewer, storm sewer, parking areas, landscaping and air noise mitigation (where applicable). Consideration for reimbursement of land costs will only be permitted in extraordinary cases. 9. Infrastructure improvements within the TIF District which serve areas larger than individual parcels may be funded by excess tax increment proceeds at the discretion of the City. 10. At all times, procedures proposed use of TIF will the State of Minnesota. APPLICATION PROCESS and policies related to the comply with applicable laws of A TIF Application Form must be completed and shall include all of the information requested without exception. In instances where a developer is building a facility for a client, the TIF Application Process should be initiated prior to making any type of financial commitment to the client. It shall be the expressed intent of the City to expedite to the greatest extent possible the processing of all requests for TIF consideration. However, it should be recognized that the process necessary to adequately and properly evaluate and schedule for Council consideration a request for TIF assistance may cause some time delay. Applicants are urged to process their TIF Application with the City well in advance of any critical project construction dates. ' CITY OF MENDOTA H�IGHTS APPLICATION FOR TAX INCRF'�'*r'r' FINANCING BACRGROUND INFORMATION Legal Name of Applicant: Address: Contact Person: Telephone: Project User (if other than applicant): Address: Contact Person: Telephone: � PROPOSED PROJECT INFORMATION This application must be accompanied by supporting documentation which addresses the following: 1. Location - include a location map with .exact boundaries of projected development as proposed. 2. Size - describe the size of the proposed proj ect in terms of acres and facility size. 3. Use - describe the proposed uses for the property, by parcel, if known. 4. Value - list the estimated market value to result from the project by year and by parcel, by building or other appropriate spatial subdivision. 5. Timing - describe the timing of the development improvements. 6. Public improvements - identify the public improvements requested to be financed through the district and the timing of such improvements. + • "'"r CITY OF MENDdTA HETGHTS APPLICATION FOR TAX INCREMENT FTNANCING PAGE 2 7. Impact - to the extent feasible, identi£y: a. New jobs to be created. b. Valuation to be added. c� O�her as�ets to accrue to the community. 8. Company data - describe the history, structure, and purpo�e af the applican�'s/user's business and proYride data on invol.ved principalsJpartner�. 9. Financial da�a - provide a pro forma analy�sis of the project detailing all costs of development. Describe the s�atus of financing and �pecifically state the ratio o� debt �o equi�y praposed for this project. 1{} . Need - explaa.n why Gity TIF assistance is necessar�r to succe�sfully complete this project. OTHER INFORMATION Provide any further information yau feel may assist the City in asse�sing the merita of this proposal. I hereby submit to the City of Mendota Height� for consideration �his applicatian for Ta.�c Increment Financing assistance. T cer�ify aIl informa�ion submitted is, ta the best oi my knowledge, �.rue and correct. Signature Printed Name Tit1.e Date �: � :i To: From: CITY OF MENDOTA HEIGHTS MEMO June 30, 1992 Mayor, City Council and City Admini Kevin Batchelder, Administrative Ass Subject: PropoSal to Draft Tree Preservation Regulations BACKGROIIND At their October 1991 meeting, the Planning Commission discussed Conditional Use Permits for Mining and Land Reclamation in response to Commissioner Friel's letter to the City regarding the grading of Bridgeview Shores Third Addition. The Planning Commission directed staff to provide sample tree preservation ordinances. At the November meeting, the Planning Commission discussed the sample ordinances and directed staff to further pursue the possibil2ties of tree preservation ordinances, o� new provisions to the subdivision ordinance that would provide the City with the ability to preserve and replace trees lost to development. DISCIISSION Of particular concern to the Planning Commission was the lack of specific standards in the Subdivision Ordinance to preserve trees and the lack of specific tree replacement formulas. Sections 4.1 (2 ) h and 4.1(4 ) h- of the Subdivision Ordinance require a tree survey and a vegetation preservation and protection plan be submitted with each preliminary plat. (Please see attached copies of these sections.) The Planning Commission feels that more specific standards and replacement formulas are needed to accompany these requirements. After a review of prototype Tree Preservation Ordinances, and discussions between staff and City Planner Tim Malloy, the firm of Dahlgren, Shardlow and Uban has submitted a proposal for a rewrite of the Subdivision Ordinance to incorporate tree preservation. (Please see�attached letter of proposal from Ed Hasek, Landscape Architect.) Should City Council decide to pursue this proposal, it would be funded from Profess'ional Fees in the Planning portion• of the General Fund. ACTION RE4IIIRED Review proposal by Dahlgren, Shardlow and Uban to revise the Subdivision Ordinance to incorporate tree preservation regulations and provide direction to staff on entering an agreement for Subdivision Ordinance Amendments. : INCORPOIlATEq CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN SS401 G12 339 3300 4 June 1992 . Tom Lawell City of Mendota Heights 1101 Victoria Curve Ivlendota Heights, MN 55118 RE: Tree Ordinance Dear Tom: Based on staffs review and comments related to the Tree Preservation Regulations as submitted, it is c1Ear that the desire is to simplify and clarify the ordinance as much as possible. I believe that if we concentrate the effort to preserve and replace trees in new developments only, simplify the replacement formula, and consider preserving significant individual trees or stands of trees, the ordinance can be reduced to several pages that can be incorporated into the Subdivision Regulations. I understand that administration is key concern for you and your staff and T feel that with a concise ordinance and some support documents, such as the Tree Preservatior� Technique pamphlet, administration can be reduced to a minfmum. I have discussed this issue at length with Tim Malloy and would offer to complete the writing of the ordinance for $600 to $800. With your approval, we could have the document ready for your review within one week. If this proposal meets with your approval, let Tim know and we. will get this project underway and completed as soon as possible. Sincerely, llAfiL ��N, JHARllL� V1%, Aivli i�i�AN, IIVC. Ed Hasek, Landscape Architect � EH/gms R ` � (f) � Topographic data, including cantours at vertical intervals of not mare than twa {2) feet. Water caurses,.rnarshes, rock auicrops, power transmission poles and lines, and ather significant features shall alsa be shawn, U.S.G.S. dafia shaiE 6e used for ai1 topa- graphic mapping where feasible. � (g) An accura#e sail survey of the subdivision prepared by a quali�ed ' �erson . {h �'A survey prepared by a quaiified persan ideriii€ying iree coverage � in the praposed subd�visian in terms af type, weakness, maturity, pa#eniial �tazard, infestaiiori, vegar, densi#y, and spacing. �4.I {3} �apased Design Fec�tures - � � � � � , {o} � Coyovi af proposed'streefs shawing #he right-of-way widths, center- . line gradients, typical cross sections, and proposed names of streets. Tf�e riame of Qny street heretofare used in the cauniy o� ii�s environs shall nofi be used unless the praposed street� is a logical exfensian af art already nasrted sire�t, ':n which eve»# ihe scsme narrte shall be used. Sfreet names shal( confarm fio the master street name and »umbering system as adap#ed. . i�i � Lxaiias�s and widihs of propased �ileys aric! pedestrian ways. (c} Layout, r�umbers and preliminary dime�sians of lats and blocks. {dj � 1vlinimum frant and�side sfi-eet build':ng setback lines. (e} ' When tots are laca#ed on c� curve, the wid#h�af the 1ot at the building seff�ack tine, . (� -�Areas, other than sfireefs, alleys, pedesMian ways and utility easerr�ents, i ntendeci ta be dedi coted ar reserved for pvbi i c use, including the size of such area or areas in acres. (g) Size af individual lot areas noted in square footage. � r � . 4.1 {�} Othec Informotian {a} Statemeni of the praposed use of tois sfaiing type of residential buildings with number of praposed dwelling units and type of busir�ess ar indusiry, so as to reveai ii�e effecfi of the development on traffic, fire hazards, and congestion of populafion. (b) Provisian for surface water disposal, drainage, and fload control. (c) If any zaning changes are cantemplated, the proposed zaning p4an for the areas. (d} Where the su6divider awns property adjacer�t ia that which is being proposed for the subdivision, the Planning Cammission shall rec�uire tha# the svbdivider submit a sketch plan af the remainder of the property so as to show the possible �elationships between #he groposed subdivision c�nd the futuce subdivisian. In any event, all subdivisians shall be shown to relate well with existing or potentiai adjacent sv6divesians. •� {e} Where s#:uctvres are ta be placed on large tots {aver 3Q,000 square feet),.the preliminary plat shall indicate placemenfi of structures so thflt lots rrtay be further subdivided. {f} Poien#ia! resvbdivision a�nd use of excessively deep {over 200 � feet) lois shall be shown and.the preliminary plat shall indicafe place- ment of structvres so that lots m�y he further subdivided. (g} (h) ��) A plan for soil erosion and sediment cant�al both during construc#ian and after development has been completed. The plan sha11 include gradienfs of wr�terways, design af velxiiy and e�-osian conf�coi measures, and (andscaping of fihe erosion and sediment canirol system. A vegetation p�eservatian and protection plan that shows those #rees.proposed te iae removed, ihase ta remc�in, #he types and locatiorts of trees and other vegetation that are to be planted. • Such other i�formation as may be requested by the Engineer, 5urveyor � or Pianning Ct>rnmisszon. . {301 } 1(} '• t � `t •� CITY OF MENDOTA HEIGHTS i� • July 1, 1992 To: Mayor, City Council and City From: Subj ect : DISCIISSION Administ �� Kevin Batchelder, Administrative Assist Park Reservation Policy The Parks and Recreation Commission has been reviewing the need for reservation policies and fees for softball field, picnic pavilion and park facilities use in Mendota Heights . The result of this review is the attached proposed RESOLUTION ESTABLISHING RULES AND RENTAL FEES FOR USE OF CITY PARKS AND PROPFRTY. (Please see attached.) . While the Parks and Recreation Commission desired to generate revenues through the use and reservation of the park system, they felt strongly that fees should not be charged to Mendota Heights residents to use the facilities. The Commission felt any park revenues which were collected should be applied towards the Special Parks Fund. Although the revenues raised from reservation fees go into the General b'und, it is possible to code Park generated revenues so it will be known how much the user fees contribute to the revenue side of the budget. 1. 2. 3. 4. 5. 6. 7. 8. The resolution contains the following provisions: Park rental fees Park reservation procedures Damage deposits Rules and regula�tions Equipment rentals Field reservations Site reservations Fee exemptions for reserving parks This proposed park reservation policy incorporates existing administrative practices for reserving parks with the addition of fees, damage deposits and clarified rules and procedures. Also, Rogers Lake Park is being adcled to the list of parks available for reservation. In the past, Rogers Lake Park was operated on a first come, first served basis. RECOMi�NDATION The Parks and Recreation Commission voted 4-0 to recommend that City Council adopt the Resolution Establishing Rules and Rental Fees for Use of the City Parks and Property. ACTSON RE4IISRED If the City Council de�ire� ta implement the Parks and Recreation Comrnission recommendation, they should pass a motion adopting Resalution No. 92- , A RESOLUTION ESTABL�SHTNG RULES AND RENT�IL FEES FOR USE OF CITY PAR.RS �ND PROPERTY. f 1, CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLIITION N0. 92- A RESOLIITION ESTABLISHING RIILFsS AND RII�TTAL FEES FOR IISE OF CITY PARRS AI�TD PROPERTY WHEREAS, the City of Mendota Heights has a need to establish a rules and rental fees schedule for use of City parks and facilities. N0�1 THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Mendota Heights that the following policy of the City as set forth below shall be adopted: I. PARR RENTALS A. The fee to reserve space in the picnic areas, or picnic shelters of city parks shall be: Resident.�- Private no charge , � $25.00 for groups of . 50 or larger Non-Resident - Private $50.00 per day Resident - Corporate/business $50.00 per day Non-Resident - Corporate/business $100.00 per day B. C. Anyone can reserve a park. Friendly Marsh Park may not be reserved and is operated on a first-come, first-served basis. Written requests shall be submitted for park reservations and shall contain the following information: 1. Name of the park 2. Date 3. Time 4. Event (such as family picnic, 5. Number of people attending 6. If there will be beer present If there is beer, the police notified at 452-1366. softball game) or available. " department must be D. Reservations will be tentatively recorded in the reservation book w`hen called in. Applicants will have three working days to submit deposits and fees or their reservation may be canceled. E. A damage deposit of $100.00 will be required by all groups reserving picnic facilities in the parks, with the exception of nonprofit youth service organizations. The deposit is due when making the written reservation. The facility will be inspected immediately after the event and , I. PARK RENTALS (coatinued) provided there are no damages, or clean-up costs, the deposit will be returned promptly. F. Groups wishing to reserve space or facilities shall abide by the attached rules and regulations and a written confirmation of the reservation shall be executed between the sponsor and the City setting forth the terms for the use of the park. The attached rules and regulations are identi�ied as "Exhibit A". G. Mendota Heights schools, nonprofit civic organizations and City of Mendota Heights employee organizations are fee exempt. These groups must, however, pay a damage deposit. H. � There will not be a park attendant on duty. The reserving group is responsible for cleaning the reserved area. • ' The refund policy for canceled reservations shall be: Cancellation 14 days in advance 100� refund Cancellation 13 to 0 days in advance 50% refund Refunds due to inclement weather on the day of the event will not be considered. There will be no additional charge for rescheduling of events postponed due to weather. II. EQIIIPMENT RENTALS � A. Volleyball Nets $ 5.00 per day B. Extra picnic tables $ 5.00 each (limited quantity available) � A deposit of $10.00 will be required for equipment rentals excluding picnic tables. III. FIELD/SITE RESERVATIONS A. Softball fields: Adult Standard Fields (Mendakota, Civic Center) :.� Neighborhood park fields Field preparation $25.00 per field non-residents for First come, first served $25.00 B. Soccer $35.00 per field for non- residents III. FIELD/SITE RESERVATIONS (coatiaued) C. Ice Rinks $20.00 per site per hour for non-residents $ 5.00 per rink per hour for lights. D. Basketball Courts $ 5.00 per hour to reserve E. Volleyball Courts $ 5.00 per hour to reserve F. Tennis Courts - Tennis courts are available on a first come, first served basis for Mendota Heights residents and are not to be reserved. The following community groups may reserve tennis courts with the permission of the Parks and Recreation Commission and the City Council - Mend-Eagan Athletic Association, the Mendota Heights Senior Tennis Association, St. Thomas Academy, and Visitation Convent. G. The following groups are exemp�ted from the above described fees: Mendota Heights Parks and Recreation Department, Mend- Eagan Athleti.c Association, and nonprofit* organizations within Mendota Heights city limits. *Proof of non-profit status is required. H. The Parks and Recreation Commission, with City Council approval, reserves the right to waive��fees or to limit or deny reservation requests at their discretion.. . ADOPTED by the City Council of the City of Mendota Heights this ' day of , 1992. ATTEST: CITY COUNCIL � CITY OF MENDOTA HEIGHTS By . Charles E. Mertensotto, Mayor Kathleen M. Swanson, City Clerk �, ., -. ,� �i EXHIBIT "A" RIILES AND REGIILATIONS FOR IISE OF CITY PARRS 1. Rental groups will use only those areas designated for group picnics. Facilities such as the horseshoe pit, volleyball courts and softball fields will be available on a first come, first served basis unless specifically reserved. 2. Rental groups will be responsible for cleanup of trash and debris in t�he area reserved for their activity. 3. Facilities such as picnic tables, benches and other park facilities will remain in their present locations. The moving of any facilities will require permission. 4. A rental group will be responsible for controlling all members of said group. Any violations to City ordinances will result in immediate cancellation of the rental group contract and the group will be removed from City property. 5. All motor veh.icles will be parked in designated parking areas unless prior�arrangements have been made. If an event is being catered, a group leader must make arrangements in advance with a member of the park staff for specific instructions on entering the park, parking, etc. 6. Only groups consisting of 200 people or less will be considered for rental of designated areas. � 7. Gambling, excessive use of alcoholic beverages, or abusive, boisterous, profane�or indecent language, or conduct, in any public park is prohibited. If there is beer, the Police Department must be notified at 452-1366. 8. GLASS BEVER.AGE' CONTAINERS and/or KEG BEER are prohibited in City parks. 9. The City of Mendota Heights park hours are 6:00 a.m. to 10 p.m. _ 10. Fires are allowed only in designated receptacles. Fires must be completely extinguished before leaving the area. 11. The City of Mendota Heights ordinances require all dogs in the City to be leashed. Thi's also pertains to park property. Pet owners are also required to clean up any droppings left by their animals. To: From: Subject: CITY OF MENDOTA HEIGHTS MEMO July 1, 1992 Mayor, City Council and City Administrat Kevin Batchelder, Administrative s' t Mendakota Park - Annual Celebration Planning Conti�gency Planning DISCIISSION The Celebrate Mendota Heights Parks planning committee has been making progress towards hosting the lst Annual Celebrate Mendota Heights Parks on August 8, 1992 from 1 p.m. to 5 p.m..at Mendakota Park. Ma.ny details have yet to be worked out, but it appears that there will be a Ribbon Cutting Ceremony, Kiddie Parade, Clown Acts, a Softball to�rnament, Fire Truck rides, hot dog and popcorn stands, musical bands, a dunk tank, a moonwalk, stage events, a gymnastics demonstration, face painting, etc. The, intention of the planning committee from the start has been to rely on donations and volunteer support from the community to pull of f this event . The planning committee ( see attached list ) has had support from the Jaycees, the Mendota Heights chapter of the Chamber of Commerce, the Fire Department and individual volunteers. The volunteer efforts to date have been extremely helpful and fund raising efforts are underway. Despite these efforts, it ma.y be necessary for the committee to rely on the City for contingency seed money in order to schedule and reserve music acts and other events. It is still the intention of the committee to pay all costs with donations or fees that will be charged. For instance, the Mayor has been able to reserve the Minnesota State Band, which will play for an honorarium. I propose that the Council authorize the expenditure, from the Parks budget, of up to $1,485 for contingency purposes, as follows: MN State Band Honorarium Balloon walk Clown club Face Painting Promotions, printing Supplies Total ACTION RE4IIIRED $500 to $1,000 $ 185 $ 100 $ 50 $ ioo S 50 $985 to $1,485 Consider authorizing $1,485 for contingency purposes for the Annual Celebrate Mendota Heights Parks event. i� June 12, 1992 To: Community Celebration Planning Committee�� From: Kevin Batchelder, Administrative Assist r�� Subject: Celebrate Mendota Heights Parks Next�i4ieeting - Juae 17th, 6:30 p.m., City 8a11 Acrenda for June 17th meetinQ 1. Report on progress of each member. 2. Volunteer recruitment. 3. Marketing. 4. Other items. At the last meeting, assignments were discussed as follows: Fire Department - Comfort Station concessions Hot Dog Stand Softball Tournament Fire Truck Rides Jaycees Ronald MacDonald clown act Donations/Checking Account ' Stage Fventa - poss:ible events include Jazz Band, Barbershop Quartet, Clown show, other bands Promotion and Marketina - Kim Blaeser, Jan Blesener, Sharon Roll Recruitment letters have been s.ent to all city official, ex officials, Citizen Park Review Committee, etc. � Police Department Traffic and parking coordination Signs Ladies Auxiliarv Dunk Tank � City Staff Space Assignments Tents, tables, chairs, trash bins Heights Highlites article and support of Promotion and Ma.rketing subcommittee Volunteer coordination Ribbon Cutting ceremony MENDAROTA PARK GR.AND OPENING CEREMONY COMMITTEE Janet Blesener 848 Mendakota Court H: 454-1811 W: 298-4481 Christine Koch 1152 Syvlandale Road H: 451-9508 W: 487-3275 . Carol Damberg 975 Caren Road H: 454-6329 Dick Spicer 835 Park Place Drive H: 455-9111 W: 496-8222 Sharon Roll 638 Suriset Lane • H: 457-1953 W: 225-8677 Jim Rilburg 819 Cheri Lane , H: 454-4883 � W: 640-0971 (Digital Pager) John Stefani 1820 Valley Curve H: 454-5372 Rim Blaeser 2350 Copperfield Drive H: 688-6522 W: 452-1850 Kevin Batchelder Administrative Assistant City of Mendota Heights 1101 Victoria Curve Mendota Heights 55118 H: 450-1857 W: 452-1850 Dave Dinger , 1639 James Road • H: 454-3337 W: 452-5967 �. Cindy Spenser Northern Dak. Cty Chamb 1301 Corporate Cnt Dr Suite 116 Eagan NIl�T 55121 W: 452-9872 Jeff Conner Mendota Area Jaycees 1532 Elrose Ct #207 SSP 55075 H: 455-3723 W: 290-8091 Nancy Stredde Mendota Area Jaycees 1823 Valley Curve H: 656-0809 Angela Stefani Mendota Area Jaycees 3873 Conroy Trail East IGH 55077 H: 451-7603 E CITY t)F MENDOTA HEIGHTS MEMO , July '7, 1992 TO: Mayor and City Council . FROM: Tom Lawell, City Adminis� a SUBJECT: Air Noise Update INTRODIICTION Two items rel.ated to the aircraft carridor is�ue require Council consideration tonight. The first involves the s�atu� of our p►NLEF effort and �he second involves the MAC Corridor Task Force meeting scheduled for July S, 1992. . ANLEF IIpdate As of �his afternoon, the total contributions to ANLEF total $5,590 �rom 172 danors. As Couneil ha� discu�sed in �he past, it appears advisable that we enlist volun�eer� to go door-to-door ta help generate support ior �?►NLEF. At the June 2nd Council meeting, a total of four individuals volunteered to help�out wi�h the �und raising. Since that time, �wo others have contacted City Hall expressing interest. If we have any hope of reaching our $25,040 £und rai�ing gaa3.,�cZearly a more wide spread effort will be necessary. � . 'I am' proposing that a11 ].72 donors who have already contributed to the fund be mailed the attached nia�.erial to enlist �.heir help. In order to help them� spread the�' word ' and solicit funds for ANLEF, the following items will be provided: 1. Petition Forms 2. Donation Collection Envelopes 3. Air Noise Question and .Answer Sheets " 4. ANLEF Brachures Although not a1.1 172 donors wi11 choose to participate in the �und raising effort, even a partial turnout wa.11 genera�.e a substantial contributi.on to ANLEF. � r► MAC Corridor Task Force . On June 3, 1992 the MAC resurrected the MAC Corridor Task Force, formally known as the Blue Ribbon Task Force, and invited the Mayor, Bob Collette and I to attend. At that meeting, each City reiterated their position on the corridor issue (see attached minutes). We have since received an invitation to attend another meeting of this group on July 8, 1992 (see attached meeting agenda). As you can see on the agenda, item #4 is entitled "Official Proposals from Communities - Discussion". We have been told by a MAC staff member that they expect the City to resubmit its original Fanned Corridor Proposal for Testing, and that the MAC will "consider all proposals". Attached please find a draft resolution for Council consideration which again formally requests the MAC and FAA test the 090 degree - 150 degree Fanned Corridor Proposal. If adopted; this resolution would be presented to the MAC at the July 8th meeting. ACTION REQIIIRED Council should discuss the proposal to enlist the 172 donors to go door-to-door gathering signatures and contributions for ANLEF. Council should also consider the desirability of resubmitting the Fanned Corridor Proposal to MAC for their consideration. Should the Council wish to do so, adoption of the attached Resolution No. 92- would be in order. MTL:kkb :.. July 8, 1992 l� 2� 3� 4� 5� Dear 1� 3�: Thank you for your recent contribution to the City of Mendota Heights Air Noise Litigation Escrow Fund (ANLEF). As described in the brochure you received and in articles which have recently appeared in the local newspapers, the campaign against aircraft noise wages on. To date, 172 households have contributed to ANLEF raising in excess of $5,500. � While this early response is commendable and impressive, the fact remains that we have a long way to go to reach our target goal of $25,000. You have already given generously to ANLEF and have demonstrated your concern regarding the aircraft noise problem. Now I must ask you to become more involved in this issue by helping publicize the campaign to your friends and neighbors. In an effort to help spread the word about ANLEF you are asked to visit with at least twelve of your neighbors asking for their support in the fight against aircraft noise. Enclosed with this letter you are being provided with the following materials: 1. Blank Petition Form 2. Copies of the ANLEF Brochure 3. Donation Collection Envelope. 4. Air Noise Question and Answe'r Sheet The Petition Form should be used to gather signatures of those who favor a more equitable air noise distribution, and the envelope should be used to accumulate the donations received. In order to meet our goal of commencing litigation in September 1992, it will be necessary to conclude the community fund raising effort by July 31, 1992. Your prompt attention to this request for help is critical to our chances for success. The City Council will consider the results of the fund raising effort at their August 4, 1992 Council meeting. 1� 2� 3� July 8, 1992 Page 2 If you have questions regarding ANLEF or need extra copies o�' any of �.he material.s, plea�e contact our' Gity Administrator, Tom Lawell, at 452-1850. Once you have completed your neighborhood contacts, you are asked to either drop o�f the signed Petition and donatian envelope at City Hal1. or call Linda at 452-1850 to make arrangements to have it picked up from you. Again, thank you for your support in �his matter and for �rour help in publicizing ANLEF within your neighborhood. With your hel.p, we wi11 be able to move one �tep closer to a�air and equa,tab3.e resalution o� the air naise prablem, • CEM:kkb Sincerely, CITY OF MENDOTA HEIGHTS Charle� E. Mer�.ensotta Mayor � � a � PETITION We, the undersigned residents of Mendota Heights, having far too long borne the burden of excessive aircraft noise, do both encourage and support litigation against the Metropolitan Airports Commission and the Federal Aviation Administration to bring about a more equitable distribution of air noise over the community. Signature � Contribution . - �t ; m CITY OF MENDOTA SEIGHTS SIX CONIl�IONLY ASRED QIIESTIONS REGARDING TIiE AIRCRAFT NOISE PROBLEM 1. � is there an aircraft noise problem within Mendota Heicrhts� Two parallel runways at Minneapolis/St. Paul International Airport (MSP) point to the southeast towards Mendota Heights and Eagan. The rules dictating how aircraft takeoff on these runways were established in 1972 when aircraft volumes at MSP were substantially lower than they are today. During peak departure periods, the current rules prohibit aircraft from turning to the south during the first three miles of flight, while they require aircraft to turn to the north over Mendota Heights immediately upon takeoff. This results in an inequitable distribution of aircraft noise for our community residents. 2. How bad is the aircraft noise problem? Based on air noise complaint data, residents in the southern half of the City are heavily impacted by repetitive aircraft overflights. Because of the outdated rules which dictate how aircraft depart MSP, some community residents are subject to direct aircraft overflights every 82 seconds ! Efforts need to be made to dilute the air noise impact experienced by those residents. 3. Who dictates where the aircraft fly? In reality, two organizations make the rules regarding air traffic distribution - the Metropolitan Ai��rports Commission (MAC) and the Federal Aviation Administration (FAA). The MAC is the owner of the airport property and as such, dictates many of the operating requirements. The FAA actually runs the control tower and is responsible for safely and efficiently moving aircraft in and out of MSP. While the FAA ultima.tely makes the final decision regarding revised flight procedures, it will not consider such revisions unless asked to do so by the MAC. SIX COMMONLY ASKED QUESTIONS REGARDING THE AIRCRAFT NOISE PROBLEM Page 2 4. 5. What is ANLEF? ANLEF is an acronym for the Air Noise Litigation Escrow Fund which was established by the Mendota Heights City Council late last year. The purpose of the Fund is to support litigation to bring about a more equitable distribution of aircraft noise over Mendota Heights. Is liti.Qation really necessary to solve this problem� Clearly a negotiated settlement of this issue is preferred by everyone. However, discussions regarding this problem have been ongoing since July 1989, and to date no real progress has been made. Given the seriousness of the air noise problem, further delay in solving the problem is unacceptable. Litigation ensures that the matter will be addressed as quickly as possible by a neutral third party, that being a Judge of the Federal District Court. 6. What can I do to help? Get involved! Sign the Petition which is being brought door- to-door in your neighborhood and financially support the ANLEF effort. All contributions need to be in by July 31, 1992 in order to meet our goal of�commencing litigation in September 1992. Help demonstrate the seriousness of the air noise problem by registering formal air noise complaints with the MAC. Call the Air Noise Complaint Number - 726-9411 - anytime you are bothered by air noise. The monthly summary of aircraft noise complaints compiled by the MA�C will be usef�l to us in ma.king our case for revised aircraft departure procedures. METROPOLITAN AIRPORTS COMMISSION r�,Pt �S S4,ti,q Minneapolis-Saint Paul International Airport F2 t�� 6040 - 28th Avenue South • Minneapolis, MN 55450-2799 m o Phone (612) 726-8100 • Fax (612) 726-5296 nt � t � o N O O F 9,�,t 5 G� 41RPORt MEETING NOTICE MAC CORRIDOR TASK FORCE G�.��I6lqa Meeting of the MAC Corridor Task Force will be held at the General Office of the Metropolitan Airports Commission MASAC ROOM, 6040 28th Avenue South, Minneapolis, on WEDNESDAY. JULY 8. 1992 1:00 p.m. Please notify Jean Deighton (726-8141) if you cannot attend. 1. 2. 3. 4. AGENDA: Approval of Minutes from Corridor Task Force Meeting June 3, 1992 Corridor Task Force Membership Discussion by Jeff Hamiel, MAC Executive Director ANOMS Demonstration - MAC Noise Program Staff Official Proposals from Communities - Discussion 5. Recommendation for Next Step Members: Jeff Hamiel Dick Keinz, Chairman Mayor Mertensotto Tom Lawell Mayor Egan Jon Hohenstein Scott Bunin Chauncey Case Advisorv: Charlie Kennedy, PCA Bruce Wagoner, FAA John Foggia, MAC The Metropolitan Airports Commission is an affirmative action employer. Reliever Airporls: AIRLAKE � ANOKA COUNTY/BLAINE � CRYSTAL � FLYING CLOUD � LAKE ELMO � SAINT PAUL DOWNTOWN 4 S �' MINUTE�S �•�I�s� ��, •• fihe meeting was held at the General Office MASAC Raom of the . Metrapali.tan Airports Commission. The meet�ng was called' ta order by Dick Keinz; MAC Directar of Environment, at 1:05 p.m. fihe following Members were in attendance: Chauncey Case, Tom Lawell, Mayor Mertensotta, Jon Hohenstein, Scott Bunin, Dick Keinz Advisorv: Bruce Wagoner, FAA, Chazlie Kennedy, MPCA, John Foggia, MAC Guests: Les Case, Bob Collette, Kirk Lindberg, Rue Shibata, Duane Hebert and Jamea Boldt. •� AGENDA ITEMS: l. Committee Membership . ' ' 2. Corriclor Test Overview 3. Review af Test Data 4. Future Direoti:i.an `• Diak Ke.inz annaunce@ that Jeff Hamiel, MAC Executive Direator, appointed him as the new Chairman af this fiask Farce replaaing Nigel Finney. John Foggia, Manager Aviation Noise Program, and the Techniaal Advisar far MASAC, will. ti serve in �an advisory capacity, replacing Steve Vecchi. Mr. Keinz alsa reviewed the voting structure of this cammit�ee, and addressed �he absence of one vate far the City of Eagan, Jan Iiohenstein respanded that farmer voting member Dave Gustafson will be replaced. The subject of Inver Grove Heights beaominq members of this Task Farce was diseussed. Scott Bunin moved to add two members from the Citv of Inver Grove Heights as vatina metnbers to the MAG Coriridor Task Farce. The motion was seconded bv Chauncev Case. During _ discussian which foilowed, Rirk I,indberg requested that Inver Grove Heights be allawed ta participate with the presentation of data at today's meeting, and that if this oammittee is to be on-going, they wau3d appreciate representation. scott Bunin withdrew the motion a� Inver Grove Heiaht's . request unti2 their Citv Council couid take.action. John Foggia gave an�overview of the Corridor tes� and revi.ewed the base maps and comparison data which is documented in the report booklet distributed tc all members. Mr, Foggia pointed out that i� was now up�to the cr�mmittee to make determinations on the test results, and did not state-MAC's opinian.one way or another. A question/answer discussion session followed. A lengthy discussion as ta the future direction took place during which each aity reiterated their primary gcals anct previaus pasitions on the issue. Mayor Mertensotta felt that the carridor testing was warthwhile and shaws the corridor aannot handle the current level of traffic.' Mendota Heights maintains that fanning peak haur traffic will reduce the "repetitive" noise expasure aver heavily impacted areas, and wauld achieve equitable distribution of air traffic. � � � Eaqan's primary goa2 is to tighten the exis�ing aorridar by shifting traffic back ta the middle of the corr�dor� (as defir�ed by Met Gauncil �Palicy Contaurs}. Eagan is vehemently apposed ta apening new naise sensitive areas. Jon Hohenstein felt that non-t'est, control data should be used for aomparison data in order to`evaluate new alternatives. Eagan will reques� a 6Q-day re- test af the corridor refinemen� tested in 1991 for the purpose of refining ATG procedures ta tighten the corridor in practice. Kirk Lindbergr, Inver Grove Heights, feels the curren� air traffic departure trend is reducing traffic aver Eagan, remains the same aver Mendata Heights, and increasing aver Inver Grove Heights. As of April, the noise complaints called in by Inver 6rove H+eights residents doubled compared to the other two cities. Inver Grove Heights had orig3.nally requested a compromi�e of the, corridar definiti.on with�eliminatian of the existing 3-mil� turn restriction. Scatt Sunin reiterated the need to look at new quantitative data and develop a so2utian which will affect the least amoun� of peaple with the Ieast amount of noise. A number of queations were .asked about aapabilities and availability of the new ANOIKS system. Staff responded that ANOMS is currer�tly ap-and-running but the 60-ciay accep�ance testing is nat yet completed, therefare MAC has not yet officially approved the system. Additionally, the FAA has not yet approvek� the• release af ARTS data. When the system is officially approved, the pub3ic will� be�notified and �he data will be available. Seeing the ANOMS �ystern operate will form a base3.ine understanding and serve to equalize the 3cnaw2edge base of Taslt Force members. Obtaining additional valid, quantitative data will alsa serve as an explanatian too2 for the pub2ic after this committee endorses� a workable corridor alternative. Mr. Keinz expressed the�i.mportanae of this group becoming knowledgeable with the ANOMS system. Sta�f also macie clear that if any new �esting is ta be done, this cammittee must agree in advance as �o exactly what is to be tested, how it will be measured, and a willingness ta acaept suacess ar failure of the test resu2ts. In summation, Jon Hohenstein, �Eagan, adamently spa}ce�on behalf of obtaining new, hard, quan�ifiable data upon which to bage final decisions. Mayor Mertenaotto, Mendota Iieights, disagreed and feels the data anii testing already obtained is sufficieat. {Inver Grove Heights concurred.} Mayar Mertensotto stated �hat "Mendota Heights will attend the next meetin¢ af the MAC Corridor Task Farce, but wi3.1 nat agree to anything". ' The next meeting was saheduled for July 8th at 1:00 p.m. The AAIOMS System will be demanstrated, and Inver Grove Fieight�s was aslted to be prepared with a decisian an whether or not the city will� request membership on the Task Force. The Meeting was adjourned at 4:10 p.m. Respectfully submitted: Jean Deigtitanr Secretary a CITY OF MENDOTA HEIGHTS DAROTA COUNTY, MINNESOTA RisSOLIITION NO. 92 - A RESOLIITION REQIIESTING THE IMPLII�NTATION OF THE MENDOTA HEIGHTS FANNED CORRIDOR PROPOSAL WHEREAS, in July 1989 the City of Mendota Heights submitted to the Metropolitan Airports Commission for consideration a proposal to fan aircraft departing MSP to the southeast, and WHEREAS, discussions regarding this proposal have been ongoing ever since, primarily through the Blue Ribbon Corridor Task Force, and WHEREAS, the Task Force concluded its work in January 1991 with a recommendation to test a narrowed corridor proposal, and WHEREAS, the recent air corridor test failed to provide meaningful noise relief for Mendota Heights residents from repeated overflights by departing aircraft for prolonged periods of time, and . WHEREAS, data from the testing period clearly show that aircraft were not able to be contained within the allocated 15 degree corridor boundaries, and WHEREAS, the southern portion of Mendota Heights continues to experi.ence repeated overflights on the same heading for hours at a time, and WHEREAS, it is unreasonable and inequitable that Heights should be asked to accept the results of the corridor procedures currently in effect at MSP,,and 1, WSEREAS, in December 1991 the City re�submitted Metropolitan Airports Commission and the Federal Administration a proposal to implement a revised aircraft which addresses the noise equity issue for departures Runways 11L and 11R, and Mendota outdated to the Aviation corridor off of WSPREAS, the MAC Corridor Task Force has scheduled a meeting for July 8, 1992 and has included on its agenda consideration of "Official Proposals from Communities" regarding future corridor utilization, and NOW TBEREFORE BE ZT RESOLVED by the City of Mendota Heights:, . Dakota County, Minneso�a, tha�. the City formally resubmits its request for the revised corridar pracedure as outla.ned �.n the attached le�.ter to the Me�ropalitan Airparts Commissa.on and the Federal Aviation.Administration dated December 31, 1991. , Adopted by the City Council of the City of Mendota Heights this 7th day af Jul.y, 1992. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCZL CITY OF MENDOTA HETGHTS By Charles E. Mertensotto Mayor s � .! Y � . � , �� l�y a� ,�, �, ,, # 1��iendo�a i-��i�hts December 31, I992 Mr. Hugh Schilling, Chair�nan Metropoiitan Airparts Comm-ission 6040 28th Avenue South Minneapalis, MN 55450 Mr. Bruce Wagoner Airport Traffic Cantral Tawer 6311 34th Aueriue South Minneapoli�, MN �55450 Dear Mr. Schi].ling and Mr. Wagoner: I am writing to you ta ask your help in salving the number one community issue within Mendota�Heights - aircraft noise emanating fram Minneapolis/St.� Paul. International Airport. Over tHe past severa�. years, our community has warked diligently with your staff in an attempt to address this problem. Ta date these efforts have praven ineffective at best. I am asking for yaur suppart of a revised aircraft corridor to solve this Zongstand�:ng.issue. The balance of this Ietter will describe the reasons far our concern and the oper�ational details of the revised aircraft corridor request. =t Baak,.ground .,. To fully understand the inequities which presently exist in air traffic distribution aver our cammunity, it is impartant to recogriize that maj or changes have taken place at MSP over the past 20 years. These changes include the HUB concept with its departure peaks, physical improvements to R�nway 13L/29R, air traffic-cantrol procedizral changes, magnetic declination shifts of ground tracks to the north, and most recently, the added use the.corridor receives under �he Runway Use System. All tald, these changes have increased departure traffic off Runways 11L'and 11.R approximately 265 percent from 1977 ta 1989. -� 1101 Vietoria Curve • 1Viendota Heights, ,1ViN •�5118 �52 -1$50 Mr. Hugh Schilling Mr. Bruce Wagoner December 31, 1991 Page 2 During this period of ta.me, little has been dane aperat�ianaliy �o recognize the changed character of flight operations at MSP. 5everal attempts have been made by Mendota Iieights to refine the corridor working through MASAC, its various subcommittees, and most recently, through a Blue R�.bbon Task Force established in 199Q. None of these efforts have praven successful, and in fact, the noise problem has instead grown progressively worse. Consider the current situa�ion regardi.ng 11L and 11R departures: - The Eagan/Mendota Heights Corridor was put into place appraximately 20 years ago when MSP was an infinitely less active airfield. - The carridor restrict� all turns by aircraft departing Runway 21R by requiring aircraft ta fly no further south than e�ctended runway center line for at least three miles. - The carridar requires all aircraft departing Runway liL ta immediately turn narth over Mertdota Hea.ghts such that the resultant d�parture track diverges at least�l5 degrees from the aircraft departi.ng Runway 11R. - Current operatianal procedures for the�corridor funnel aircraft over long� established Mendota Heights neighbarhoods causing repeated overflights by departing aircraft every 80 to 90 �econds during peak departure periods. � Since the corridar�s inception, Mendot�a Heigh�s has consistently maintained equitable distributian c�f aircraft noise amongst aIl communities surrounding MSP is the most desirable answer to the airnoi.se problem. No ane coaununity shauld enjoy the lacational advantages of being close to MSP, while being arbitrarily and artificially prot�ected from the •most obvious impact of that clase proximity, aircraft noise. � The failure ta enact a more equitable distribution of aircraft noise is even more disturbing when you realize there are no opera�tional or technical barriers . precluc'ling such distribution . In fact, the concept of dispersing aireraft noise is pu� into practice daa.ly on every other runway end at MSP with the exception of Runways 11L and 12R. - � Mr. Hugh Schilla.ng Mr. Bruce Wagoner December 31, 1991 Page 3 The recently completed Environmental Impact Statement (ETS) for the extension of Runway 4/22 clearly indicates a preference for mare equitab2y distributing airnoise. Specific excerpts �rom the EIS include (underlining added): - Page xiii "To increase use of the crosswind Runway (Runway 4-22� to provide for a�hift in same a,ircraft naise away from the most heavily impacted residential areas . . . .'� - Page xiii "The praposed project wi11 allaw for redistribution of same fiic„�hts....�' - Page xvi "In addition to the naise redistribu�ion re�ulting from the praject...." - Page 20 TMThe propased e�ension of Runway 4-22... is needed to immediately provide some reduction of the ai.raraft naise i.n the most heavily impacted areas... and to better distribute that noise.�� -- Page 90 "The shift not only begins to distribute overflic�hts mare evenly around the airport...." In fact, similar arguments were u.sed in advacating far the adoptian of the aurrent Runway Use System (RUS}, and the selectian of the new North/South runway as the preferred expansian alter- native in the MSP Long Tarm Comprehensive Plan. Aircraft dispersal is an already accepted method of naise mitigation at MSP, and we are asking for a aammitment from the MAC ta treat 11L and �21R departures in a similar fashion. . f � Carridor Proposal Based an the above, it is alear the present corridor arrangement is lang averdue for revision. After considerable analysis, the Ci�y of Mendota Heights i� submitting a request for a reva.sed aircraft corridor which addresses the noise equity issue for 11.L and 11R departures. Specifics of' the proposal are as follows: .� � :• �' - Corridor Boundarie� � � Boundaries of the corridor during departure peaks are - a} a 090 degree bearing from the Runway 29R middle marker for Runway 11L. Mr. Hugh Schilling Mr. Bruce Wagoner December 31, 1991 Page 4 b} a 150 degree bearing from the southeast end af Runway 11R/29L. Boundaries of the corridor during non-departure peaks are - aj a 110 degree bearing fram Runway 29R middle marker E'or departures off Runway 11L. bj a 125 degree bearing from the southeast end of Runway 11.RJ29I�: •" - Periods af Operation The peak departure fanned corridor is intended ta be used only during the most intense departure periads at MSP. Based on tower data, it appears such departure periods occur an an average of approximately 5.5 to 6 hours per day during the week, and three hours per day during weekend days. Therefore, use of the fanned corridar pracedure a.s proposed.to be capped at no more than eight hours eaeh day between the hours of 4'T00 to 220UL. Summary and Canclusion To summarize the new procedure, during peak departure periads a full dispersal of aircraft over a 64 degree cone of operata.ons is proposed. This dispersal is consistent with departure activity elsewhere around MSP, and is consistent with the rationale utilized in the establishment �of the RUS, the EIS for t`he e�ensian of Runway 4/22, and the selection of'the North/South Runway as the MSP expansion option of choice. During nan-peak departure periods, a smaller 15 degree cone of operatians is proposed, centered on the e�endeci runway centerlines of 29L and 29R. This approach respects the val.ue o�' the corridor concept during those periods when depar�ure traffic can equitably be contained within it. It.'�s:; impartant ta no�e that our revised corridor praposal daes not advocate for the total abandonment of an aircraft corridor. The revised fanned corridor procedure is praposed durir�g peak departure periods anly. At other times, when `it is operationally feasible and equitable to do so, we proposs the containment af aircraft within a more narrow corridor. � Mr. Hugh Schilling Mr. Bruce Wagoner December 31, 1991 Page 5 The City's continued support for MSPts operatzan has always been conta.ngent upon a sense of equity and balance. In the early 1970's no one could foresee the corridor use of 1991. The above described propasal wi11 help eliminate the repeated owerflight problem currently e�rperienced within Mendota Heights, and wi11 once again restore equity and balance ta departure operations off 11L and 21R. As dascribed in the attached Resolution, the City intends�to aggressively pursue the implementation af this revised corridor concept. In the event the MAC and/or the FAA deny this application, ar otherwise fail to affirmatively respond within 90 days, or if the requested test is•conducted but the MAG and/or the FAA fail to subsequen�ly adopt a procedure acaeptable to the City, then the City af Mendata Heights will consider appropriate I.egal action ta address aur concerns. We are hopeful. this matter can be resalved efficiently and equitably as soon as possible, and we look farward to hearing from you within the ne�ct 90 days. cc: Jeff'rey W. Hamiel � Sincerely, CITY OF MENDOTA IiEIG�iTS ��,r� � L� K,��r•itc�r.�s •� Charles E. Mertensotto Mayor �