1994-10-04CITY OF MENDOTA HBIGHTS
DAKOTA COIINTY, MINNESOTA
AGENDA
October 4, 1994 - 7:30 P.M.
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approval of September 6 and September 20 Minutes
5. Consent Caleadar
a.
b.
c.
d.
e.
f.
g-
h.
i.
J-
k.
1.
m.
n.
Acknowledgment of the August Fire Department Report.
Approval of Resolution Accepting Work and Approving Final
Payment for Associated Bureaus (Mendota Heights�Business
Park 4th Addition) - R.SSOLIITION NO. 94-67
Approval to Issue Fence Permit for Metro I� - 1300
Mendota Heights Road.
Approval to Al1ow St. Thomas Academy Environmental
Studies Class to Operate a Motorized Pontoon ori Roger's
Lake for the Purpose of Conducting Lake QualityjStudies.
Acknowledgment of the September Building Activity Report.
Approval of CAO 94-03: Werthauser - Modified�Critical
Site Plan
Approval of CAO 94-04: Bjorklund (1147 Orchard Place) -
Modified Critical Area Site Plan Approval.
Approval of City of Mendota Water Agreement.
Approval of Resolution Supporting Dakota County Juvenile
Curfew Ordinance - RESOLIITION NO. 94-68
Authorization for Russ Wahl to Conduct the Annual
Halloween Bonfire.
Acknowledgment of the September 27 Planning C�mmission
Minutes.
Approval of Code Enforcement Vehicle Purchase.
Approval of the List of Contractors. �
Approval of the List of Claims.
End of Consent Calendar
6. Public Commeats
7. IIafiaished aad New Busiaess
a. Consideration of Pentel Antenna Variance Application.
b., Case No. 94-24: Kern - Wetlands Permit and Va�iance
c. Case No. 94-22: Lentsch (Olsen) - Wetlands Peimit
- . r�.
_ _ .... • `� � -
d.
e.
f.
g•
h.
Case No. 94-29; Bangasser - Variance
Gase No. 94-27: Marchio - Variance
Case No. 94-28: Mickena - Variance
Case No, 94-30: Fischer - Wetlands Permit
Case No. 94-26: Crombie - Subdivision/Lot Split
i. Case No. 94-16: Lentsch - Variance and Wetlands Permit
* j. Case No. 94-17: Lentsch - Rezoning/Access Issues
k. Discuss Part 150 Aircraft Noise Sound Insulation Program.
l. Discuss Proposed Workshop Topics and Dates
** m. Accept Resignation of Planning Commissioner Stephen G.
Hunter, D.D.S. and Discuss Appointment of a New
Commis s ioner .
8. Council Comments
9 . 1�d j ourn
Auxiliary aids for disabled persons are available upoa request
at least 120 hours in advaace. If a aotice of less thaa 120
hours is received, the City of Meadota 8eights will make every
attempt to provide the aids, however, this may not be possible
on short aotice. Please contact City Admiaistration at
452-1850 with requests.
, CITY OF MENDOTA HEIGHTS
, MEMO
October 4, 1994
TO: ; Mayor and City Council �
FROM: ' Tom Lawell, City Administ
;
SUBJECT: Add On Agenda for October 4 Council Meeting
Additional information is submitted for item 7j (*).� One new
item has been added to the Unfinished and New Business Section -
7m. (**�� ,
;
3. Agenda Adoptioa
It is recommended that Council adopt the revised agenda
printed on yellow paper.
7j. Case No. 94-17: Lentsch - Rezoning/Access Issues.
Please see attached letter from the Kensingt,on Manor Homes
Condominium Association. �
7m.
Please see attached letter of resignation and memo.
MTL:kkb '
j
:'1��'� � - - I
CITY OF MENDOTA HEIGHTS
DAROTA COIINTY, MINNFSOTA
AGENDA
October 4, 1994 - 7:30 P.M.
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approval of September 6 and September 20 Minutes
5. Conseat Calendar
a. Acknowledgment of the August Fire Department Report.
b. Approval of Resolution Accepting Work and Approvi:ng Final
Payment for Associated Bureaus (Mendota Heights Business
Park 4th Addition) - RLSOLIITION NO. 94-67
c. Approval to Issue Fence Permit for Metro II - 1300
Mendota Heights Road.
d. Approval to Allow St. Thomas Academy Environmental
Studies Class to Operate a Motorized Pontoon on Roger's
Lake for the Purpose of Conducting Lake Quality Studies.
e. Acknowledgment of the September Building Activity Report.
f. Approval of CAO 94-03: Werthauser - Modified Critical
Site Plan
g. Approval of CAO 94-04: Bjorklund (1147 Orchard Place) -
Modified Critical Area Site Plan Approval. `
h. Approval of City of Mendota Water Agreement. ;
i. Approval of Resolution Supporting Dakota County Juvenile
Curfew Ordinance - RESOLIITION NO. 94-68 !
j. Authorization for Russ Wahl to Conduct the Annual
Halloween Bonfire.
k. Acknowledgment of the September 27 Planning Commission
Minutes.
1. Approval of Code Enforcement Vehicle Purchase.
m. Approval of the List of Contractors.
n. Approval of the List of Claims.
End of Consent Calendar
6. Public Coamients
7. IInfiaished aad New Business '
,
a. Consideration of Pentel Antenna Variance Application.
b. Case No. 94-24: Kern - Wetlands Permit and Variance
c. Case No. 94-22: Lentsch (Olsen) - Wetlands Permit
Case No. 94-29: Bangasser - Variance
Case No. 94-27: Marchio - Variance
Case No. 94-28: Mickens - Variance
Case No. 94-30: Fischer - Wetlands Permit
Case No. 94-26: Crombie - Subdivision/Lot Split
Case No. 94-16: Lentsch - Variance and Wetlands Permit
j. Case No. 94-17: Lentsch - Rezoning/Access Issues
k. Discuss Part 150 Aircraft Noise Sound Insulation Program. _
l. Discuss Proposed Workshop Topics and Dates
S. Couacil Comments
9 . Ad j oura
Auxiliary aids for disabled persoas are available upoa request
at least 120 hours in �dvance. If a notice of less thaa 120
hours is received, the City of Mendota Heights will make every
attempt to provide the aids, however, this may aot be possible
on short aotice. Please contact City Administratioa at
452-1850 with requests.
Page No. 4121
September 6,�1994
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
� Minutes of the Regular Meeting
� Held Tuesday, September 6, 1994
�
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of ]
Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota. Heig
i
Acting Mayor Smith called the meeting to order at 7:30 o'clock P.M. The following me�
present: Actuig Mayor Smith, Councilmembers Huber, Koch, and Krebsbach. Mayor M
notified the Council that he would be late.
AGENDA ADOPTION
�
�
�
Ayes:4 '
.. Nays: 0 �
APPROVAL OF MINUTES
�
:
Ayes:3 '
Nays:O ;
Abstain: 1 Krebsbach
�
CONSENT CALENDAR
,
Councilmember Krebsbach moved adoption of the
for the meeting.
Councilmember Huber seconded the motion.
Councilmember Huber moved approval of the mi
16, 1994 regular meeting.
Councilmember Koch seconded the motion.
Councilmember Krebsbach moved approval of the
for the meeting, revised to move items S.d, e, k, l a
regular agenda, along with authorization for execu
necessary documents contained therein.
a. Aclrnowledgment of the minutes of the August
Planning Commission meeting.
b. Acknowledgment of the minutes of the August
Airport Relations Commission meeting.
c. Acknowledgment of the Code Enforcement
August.
d. Approval to appoint Bret Blaeser to the position
effective September 7, 1994.
e. Approval to appoint David Paton, Michael Brem
Ronald Katzenmaier as probationary firefighters
September 6, 1994.
Minnesota..
were
otto had
agenda
of the August
insent calendar
. m to the
►n of any
1994
1994
report for
firefighter
and
Page No. 4122
September 6, 1994
f. Acknowledgment of correspondence from Dakota County and
Mn/DOT regarding the city's request for a reduction in the
speed limit on Delaware Avenue.
g. Aclrnowledgrnent of a memo from the City Administrator
regarding the 1994 National League of Cities Annual
Congress of Cities and Exposition to be held in Minneapolis in
December.
h. Approval of the Joint Powers Agreement for the Special
Assistance Grant program with Dakota County and
authorization for its execution by the Mayor and City Clerk.
i. Approval of the list of contractor licenses dated September 6,
1994 and attached hereto.
j. Approval of the list of claims dated September 6, 1994 and
totaling $385,434.52.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
TR.AFFIC SIGNALS Council acknowledged a proposed traffic control signal agreement
from Mn/DOT relative to the Dodd Road/Mendota Heights Road
traffic signals, along with an associated memo and proposed
resolution from the Public Works Director.
Acting Mayor Smith stated that while many of the points in the
agreement have been preliminarily agreed she would like a revision
relating to the timing of the traffic control signal. She sta.ted that
while she understands that the state has control of the timing of the
signal she remains very concerned that a large portion�of the
southeast azea of the city will be using the intersection and if the
timing of the signal is prohibitive she fears that people will use other
alternatives tha.t are not designed for heavy traffic. She suggested
that the agreement be amended to state that the timing of the traffic
control signal shall be in the control of the state in consultation with
the city, which would give the city on-going input into the decisions
on timing.
Councilmember Huber stated that the agreement addresses salvage
of the Emergency Vehicle Preemption system but does not address
salvage of the entire signal system should it be taken out before it
has a zero value. He stated that the city is contributing about
$63,000 to the project and should receive an equal share in the
Ayes:4 '{
Nays:O i
1
SIGN PERMIT - D.D.'S
DANCE STUDIO
�
;
;
i -
;
t
i
;
�
�
;
;
�
;
Ayes: 4
Nays: 0
Page No. 4123
September 6,l1994
salvage value if for any reason the signal system is
still has value.
Councilmember Krebsbach moved adoption of Resc
53, "RESOLUTION APPROVING AGREEMENT
BETWEEN THE STATE OF MINNESOTA, DEP�
TR.ANSPORTATION AND THE CITY OF MEND
HEIGHTS," contingent on the suggested amendme�
approved by the state.
Councilmember Huber seconded the motion.
while it
in No. 94-
72616
�IENT OF
being
Council acknowledged a memo from Code Enforcement Officer
Berg regarding an application for sign permit from D.D.'s Dance
Studio for a 21 square foot sign proposed to be insta�led on the sign
band at the Mendota Plaza. �
Council discussed the desirability of allowing signs to go up the
gables of the sign band and how future signage for interior shopping
center spaces would occur if the permit is approved. �
Administrator Lawell stated that the center is under
adopted by the city in August, 1988, and there is no
policy as to whether signage is allowed or prohibite�
the band. He informed Council that there is a restri�
policy that tenant signs must be in the facia band, o�
inches from the top and from the bottom. He stated
contact D.D.'s to see if they would like to move the
else on the sign band, but that it appears that the pol
proposed location if it meets the one foot - six inch �
sign policy
inguage in the
on this part of
ion in the
foot - six
iat staff can
gn somewhere
�v allows the
Councilmember Krebsbach stated that she would have no problem
with the location of the sign if it were moved over to be one foot six
inches from the gable so that it is more centered. �
Acting Mayor Smith stated that it would be preferab'le if there is
another location for the sign where it would still be close to the
studio location yet would not go up the gable. �
After discussion, Councilmember Krebsbach mov�
sign permit to allow a 21 square foot sign on the si
by Paster Enterprises for D.D.'s Dance Studio subj
of the sign to meet the Mendota. Plaza. sign agreem
Councilmember Koch seconded the motion.
to approve the
i band provided
t to placement
COLONY TOWNHOME
AGREEMENT
Ayes: 4
Nays: 0
BUDGET/TAX LEVY
Ayes: 4
Nays: 0
Page No. 4124
September 6, 1994
Council acknowledged a memo from Public Works Director
Danielson regarding the city's share of costs for the Lilydale Colony
Townhomes storm water project.
Responding to a question from Councilmember Krebsbach, Mr.
Danielson stated that the project is an inter-community project
which was designed by the Lower Mississippi River WMO's
engineer, Barr Engineering, and is a project that would be mandated
by the WMO should the city decline to participate. He explained
that there is a specific WMO formula by which the financial
participation by all agencies are calculated.
Councilmember Krebsbach moved to authorize the Mayor and City
Clerk to execute a"Joint Powers Agreement Relating to the
Construction of a Storm Water Improvement Located in the Area
West of Lexington Avenue and Trunk Highway 13 (West Lexington
Sewer Project)," all subject to Mn/DOT's participation and receipt of
a hold harrnless agreement from the Colony Townhomes
Association.
Councilmember Koch seconded the motion.
Council aclrnowledged and discussed a memo from Treasurer
Shaughnessy regarding the preliminary budget and tax levy for
1995.
After brief discussion, Councilmember Krebsbach moved adoption
of Resolution No. 94-54, "RESOLiTTION ADOPTING
PROPOSED BUDGET," Resolution No. 94-55, "RESOLiTTION
APPROVING TENTATIVE 1994 LEVY COLLECTIBLE IN
1995," and Resolution No. 94-56, "RESOLUTION APPROVING
FINAL 1994 TAX LEVY FOR SPECIAL TAXING DISTRICT
NO. 1 COLLECTIBLE IN 1995."
Councilmember Koch seconded the motion.
AIR NOISE Council aclmowledged a memo and proposed resolution from
Administrator Lawell regazding air noise mitigation and conversion
to a"Sta.ge III" quieter aircraft fleet at MSP airport. Administrator
Lawell informed Council that Northwest Airlines has indicated it
will not request a waiver to allow 85% compliance and will comply
with 100% "Stage III" by the yeaz 2000. He explained that the
proposed resolution is intended to close the door on the three year
exemption period.
I
i Page No. 4125
; September 6,� 1994
Councilmember Krebsbach moved adoption of Res
57, "A RESOLUTION URGING THE STATE OF
AND THE METROPOLITAN AIRPORTS COM11
NEGOTIATE A RAPID CONVERSION TO AN �
QUIETER AIRCRAFT FLEET AT MINNEAPOL
INTERNATIONAL AIRPORT."
Councilmember Huber seconded the motion.
Ayes:4 ;
Nays:O �
! �
STREET OVERLAY PROJECT Council acknowledged a memo and tabulation
� the 1994 street overlay project.
Ayes: 4
Nays: 0
No. 94-
ION TO
STAGE III
T. PAUL
received for
Councilmember Koch moved to award the contract for the 1994
street overlay project to Bituminous Roadways, Inc. � for its low bid
of $51,790.00. �
Councilmember Huber seconded the motion.
HEARING - MENDOTA Acting Mayor Smith opened the meeting for the p
INTERCHANGE PROJECT public heazing on proposed assessments for the M
, � Interchange Project (Improvement no. 84, Project
, acknowledged receipt of the proposed assessment
; memo from Engineering Technician Kullander.
Mr. Mike Weiner, 1027 London Road, stated that h�
holding the hearing on a Jewish holiday violates his
he is not given an opportunity to speak tonight on h
assessment (for the London/Downing street reconsb
Public Works Director Danielson informed Council
must allow 30 days after adoption of an assessment
pay their assessments without interest, and certifical
in eazly October - therefore the hearings could not b
explained that anyone could preserve their legal rigt
assessment and consider a challenge by submitting,
prior to this evening's hearing, a notice that they intE
the assessment. He informed Council that Mr. Wen
a written objection.
Councilmember Krebsbach sta.ted that there was no
conflict, and suggested that the city should always <
calendars prior to establishing hearings.
Acting Mayor Smith asked if there is any way that
this could be avoided or if there is any accommoda
made. She stated that people have a right to state t
of a
2C). Council
and associated
is Jewish and
ights because
proposed
iction project).
iat the city
>ll for people to
>ns must occur
delayed. He
to object to an
us evening or
.d to challenge
r has submitted
t to create a
religious
�ething like
that could be
views, and
Page No. 4126
September 6, 1994
asked if rights are diminished in any way by having a hearing on
Christmas as an example.
Public Works Director Danielson responded that stafftries to avoid
scheduling hearings on holida.ys and will take care of any future
conflicts. He stated that he does not believe there are any legal
obligations with respect to this evening's hearings, noting that there
are many other public bodies meeting this evening. He explained
that in Mr. Weiner's case, he has filed an objection and has followed
through with the legal requirements.
City Attorney Hart stated that he agrees that there is no impediment
to conducting the hearing. He explained that by filing a letter with
the city Mr. Weiner has preserved his due process rights. He stated
that this is not a hearing to determine whether the work should be
done or if it should go further - there have been previous hearings
before the project was ordered and before the work was done, and
this evening's hearings simply deal with the assessments.
Public Works Director Danielson reviewed the project, the project
costs and the proposed assessment rates for the Council and
audience.
Acting Mayor Smith asked for questions and comments from the
audience.
Mr. Dave Constable, representing the R.L. Johnson properiy, stated
that he has been trying to get a variance for the building because of
the Mn/DOT taking of much of the properly. He stated that Council
did not approve the variance and the building has therefore been
devalued, yet the city proposes to assess $22,000. He informed
Council that the bituminous entrance to the building which was
installed as part of the project has deteriorated and stated that he felt
he is receiving poor quality for the assessments. He further stated
that he will file an objection to the assessment.
Administrator Lawell responded that there have been improvements
adjacent to the property, and that is the basis for the assessment.
Public Works Director Danielson stated that he is surprised by the
quality question, since the project was designed and constructed by
Mn/DOT.
Council acknowledged letters from Mary Hartz, Jean Franson and
Donald Perron requesting assessment deferments.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
HEARING - PILOT KNOB
ROAD ASSESSMENTS
Ayes:4 �
Nays:O ;
i
HEARING - IVY KEEP NORTH
ASSESSMENTS
�
i
�
3
,
1
Page No. 4127
September 6,� 1994
There being no further questions or comments, C
Krebsbach moved to close the hearing and adopt
58, "RE50LUTION ADOPTING AND CONFII
ASSESSMENTS FOR SEWER, WATER, STO]
STREET IMPROVEMENTS TO SERVE ST. P]
AND PILOT KNOB ROAD AND WATERMAI
THE SOUTHEAST FRONTAGE ROAD (IlVIPP
84, PROJECT NO. 2C)."
Councilmember Koch seconded the motion.
No. 94-
EWER AND
'S CHLJRCH
0 SERVE
MENT NO.
Councilmember Huber moved adoption of Resolution No. 94-59,
"RESOLUTION DEFERRING PAYMENT OF A PORTION OF
ASSESSMENTS (IMPROVEMENT NO. 94-2C)," relative to the
Hartz, Franson and Perron properties. I
Councilmember Krebsbach seconded the motion.
Acting Mayor Smith opened the meeting for the
hearing on proposed assessments for Pilot Knob
improvements (Garron site). Public Works Dire
briefly reviewed the project and proposed assess
Acting Mayor Smith asked for questions and
audience.
There being no questions or comments, Councilmen
moved to close the hearing and adopt Resolution Nc
"RESOLUTION ADOPTING AND CONFIRMINC
ASSESSMENTS FOR WATERMAIN IMPROVEn
SERVE PILOT KNOB ROAD AND ADJACENT �
(IMPROVEMENT NO. 84, PROJECT NO. 2A)."
Councilmember Krebsbach seconded the motion.
Mayor Mertensotto arrived at 9:00 p.m.
Acting Mayor Smith opened the meeting for the p
hearing on proposed assessments for Ivy Keep Nc
improvements. Public Works Director Danielson
the project and proposed assessments.
Acting Mayor Smith asked for questions and
audience.
se of a public
watermain
from the
�er Koch
94-60,
TO
�ose of a public
� public
'.eflv reviewed
from the
Page No. 4128
September 6, 1994
There being no questions or comments, Councilmember Koch
moved to close the hearing and adopt Resolution No. 94-61,
"RESOLUTION ADOPTING AND CONFIRMING
ASSESSMENTS FOR SEWER, WATER, STORM SEWER,
STREETS AND CURB AND GUTTER IMPROVEMENTS TO
SERVE IVY KEEP NORTH ADDITION (IMPROVEMENT NO.
92, PROJECT NO. 1)."
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
Abstain: Mertensotto
HEARING - LONDON/ ' Acting Mayor Smith opened the meeting for the purpose of a public
DOWNING ASSESSMENTS hearing on proposed assessments for the London/Downing street
reconshuction improvements. Council acknowledged a letter from
Michael L. Weiner, 1027 London Road.
Public Works Director Danielson briefly reviewed the project and
proposerl assessments. Mr. Danielson informed Council that he has
discussed Mr. Weiner's concerns, all relating to other utilities such
as NSP, with him and believes that Mr. Weiner's only objection at
this time is with respect to the date of the hearing.
Acting Mayor Smith asked for questions and comments from the
audience.
Mr. James Conan, 989 Downing, stated that he has no objection to
the workmanship that was done but that a Mn/DOT inspector has
informed him that dra.inage will undermine Highway 13 in the next
few years. He asked what will happen at that time if his lawn is
damaged.
Public Works Director Danielson responded that he has visited the
site with Mn/DOT and the supervisor of the employee who gave Mr.
Conan the information did not agree with the employee's
assessment. He stated that there is a one year project guarantee and
also that Mn/DOT reviewed the plans and issued a pernut to the city
and based on that approval they will correct any problems which
may occur.
Mr. Conan responded that his concern is the angle at which the pipe
comes into the ditch, and whether the city will pay the cost for
repairing his lot if damage occurs.
Mayor Mertensotto responded that the city should address the issue
right away to make certain that there are no construction flaws or
design flaws. ._
Page No. 4129
September 6, 1994
Public Works Director Danielson responded that if `there is a
problem with the angle, it would be the city's design and therefore
the city's fault. He stated that he will review the de� ign and visit the
site.
There being no further questions or comments,
moved that the hearing be closed.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
Mayor Mertensotto moved adoption of Resolution
"RESOLUTION ADOPTING AND CONFIRMIN
ASSESSMENTS FOR RECONSTRUCTION/RE]
STREET IMPROVEMENTS TO SERVE LOND(
ROAD/DOWNING STREET AND SURROUND]
(IMPROVEMENT NO. 92, PROJECT NO. 3)."
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
HEARING -�MENDOTA Acting Mayor Smith opened the meeting for the p
HEIGHTS BUSINESS PARK heaxing on proposed assessments for the Mendota.
ASSESSMENTS Business Park 4th Addition unprovements. Coun�
' letter of objection to the street assessment costs fr�
; Land Company.
Public Works Director Danielson reviewed the pro
assessments. He explained that the project was co�
the Associated Bureaus site and the two remaining
are owned by the Northland Land Company. Mr. ]
informed Council that Mr. George Burkhards, fron
Land Company, objects to the assessments for the
the project because he felt that the city should use '
participate in the street costs. He informed Counci
feasibility study does not address sharing of the str
costs. He explained that the costs for street constn
greater than had been anticipated because the city i
the developer would grade the entire site, includin�
of-way but he did not. The project thus had to be e
include the additional work and the project cost inc
approximately $10,000.
Acting Mayor Smith asked for questions and
audience.
>r Mertensotto
o. 94-62,
,BILITATION
f
G AREAS
of a public
a
Northland
and proposed
�cted to serve
.0 lots which
the IVorthland
reet portion of
IF funds to
that the
et conshuction
;tion were
iderstood that
the street right-
:nanded to
from the
Page No. 4130
September 6, 1994
There being no questions or comments, Councilmember Krebsbach
moved that the hearing be closed.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
Mayor Mertensotto moved adoption of Resolution No. 94-63,
"RESOLUTION ADOPTING AND CONFIRMING
ASSESSMENTS FOR SEWER, WATER, STORM SEWER,
STREETS AND CURB AND GUTTER IMPROVEMENTS TO
SERVE MENDOTA HEIGHTS BUSINESS PARK 4TH
ADDITION (IlViPROVEMENT NO. 92, PROJECT NO. 4)."
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 94-17, LENTSCH Council acknowledged an application from Mr. Bill Lentsch for the
rezoni.ng of Outlot B, Mendota Woods from HR PUD to R-1, along
with an associated memo from Public Works Director.
Mayor Mertensotto stated that the Kensington Manor Home
Association will not take a vote on granting access to the site from
Brookside Lane until September 23, and suggested that no action on
the rezoning should be taken until all questions aze resolved.
Councilmember Krebsbach moved to table discussion on the matter
to October 4.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 94-23, Council acknowledged an application from Metro II for pazking
METRO II variances to allow four stalls fewer than required by ordinance and
to allow a parking stall width of 8'6" for its facility located at 1300
- Mendota Heights Road. Council also acknowledged a letter of
intent from Metro II with respect to current and future parking needs
and preservation of green space, along with reports from the City
Planner and Administrative Assistant. Ms. Joanne Chabot,
Executive Director of Metro II, was present for the discussion.
Mayor Mertensotto stated that he has visited the site and is
concemed that the only street access to the site is from the parking
lot and to a fenced in play area on the east side of the building is
from the parking lot. He asked if the play area can be moved further
to the north of the building. He also expressed concern about the
ability of school buses to make their turns because of the island
projections.
Page No. 4131
September 6,�1994
Ms. Chabot responded that it will be located very cl�
entryway sidewalk and cannot be moved any closer
sidewalk which nuis along the building from east to
explained that school buses will drop the children oi
door. Regarding school buses, she stated that the sc
a bus drive through the lot about a month ago and it
getting in and out. She further stated that the island:
reduced in size since the bus driver tried it even thoi
that he had no trouble. She informed Council that 1
sta.11s are included within the 116 stalls on the site, b
sta.11s are only available to staff. She-explained that
parking is needed in the future a curb cut can be mac
Mendota Heights Road. She stated that this proof oi
parking was done at the request of the Planning Con
informed Council that the turn around has already bE
when the Northland expansion began, part of the pai
so Metro II removed the island that had prevented ci
lot.
+ Mayor Mertensotto stated that one troublesome aspe
, : the variance is that Metro II is requesting a parking �
� the building. He stated that while Metro II and the s
' only utilize 24,000 square feet of the building and tb
' 116 stalls is adequate, the building conta.ins 40,000 :
� change in tenant mix or use of the building could cre
� demand for parking. He stated that Council granted
district a three yeaz special use permit to run some of
including extended da.y caze, at the Metro II building
foolhardy to grant the variances without knowing the
� the building. He suggested that Council could grant
! use pernut based on the use of 24,000 square feet so �
tenant mix changes and there is a greater demand for
; Council could address the matter by informing Metrc
; conditional use pernut would be in jeopazdy.
Ms. Chabot stated that she understands from city stai
contacting others in the industrial park that the reque�
are not uncommon. She explained that Metro II has �
employees, many of whom are part-time, and most w
working by the time the extended day children are pi�
parents between four and six o'clock p.m. She stated
II and school district uses are very consistent with ea�
stated that employees will arrive between 7:00 and 8;
students in the Metro II program arrive at about 8:15
of about 36 people - and leave by 3:45. She stated th
se to the front
�ecause of the
�vest. She
' at the front
ool district had
iad no difficulty
have been
;h he indicated
basement
�t the basement
P further
� along
ssion. She
created -
g lot was lost
lation in the
t of approving
.an variance for
hool district
y feel that the
�uare feet and a
�te a higher
he school
its programs,
and it would be
ultimate use of
� conditional
hat if the use or
II that the
and from
ed variances
�ly 30
.1 be done
ced up by their
hat the Metro
i other. She
0 a.m. and
a maximum
t in concept
Page No. 4132
September 6, 1994
she has no problem with a conditional use permit if Metro II is being
treated the same as others in the business park.
Mayor Mertensotto pointed out that the parking requirement for the
building has changed because when Contel owned it they used for
pazking part of the land Metro II opted not to purchase from
Northland, so there has been a change which makes Metro II
different from other buildings in the pazk. Also, the building is not
new construction and Metro II is not the first owner, and the Contel
parking was predicated on using 24,000 square feet but now the
building will not be a single use structure. '
Councilmember Krebsbach asked if the parking spaces proposed
will be wide enough so that car doors will not be damaged.
Councilmember Smith stated that the visitor stalls will be 8'6" rather
than the required 9' and she is concemed about the proposed width
for visitors and pazents picking up their children.
Ms. Chabot responded that there will provide plenty of room for
door opening on the stalls next to the handicapped spaces and those
are the ones people will use when picking up their children. She
further stated that the 15 minute spaces have not yet been defined
but will likely be near the handicapped spaces. She stated that at the
time of day when pazents come the lot will be so empty that people
will not pazk close to each other if they aze concerned about their
ability to get in and out of their vehicles or about getting scratches
on their car doors.
Mayor Mertensotto stated that if the square footage use of the
building should expand, the parking could become a problem. He
pointed out that there were 120 spaces and Metro II has proposed
removing some of them to provide space for a play area. He stated
that a conditional use permit would make it known why the parking
deviates from all of the other buildings in the business pazk. He also
pointed out that although the plan shows a curb cut, none will be
allowed.
Ms. Chabot responded that Metro II does not want a curb cut. She
stated that she came to Council asking for a variance and the
solution now being discussed has not been considered by Metro II's
legal counsel. She asked that the matter be continued to that she can
discuss it with her counsel.
Councilmember Smith stated that she would be much more in favor
of the variances if there were not the potential for so much greater �-
Page No. 4133
September 6 � 1994
�
. use of the building than what Metro II is using. She
! what Metro II is trying to protect is what Council is
� against.
�
It was the consensus of Council to continue the
of the applicant.
pointed out that
trying to guazd
at the request
CASE NO. 89-26, Council acknowledged a letter from Independent School District 197
ISD-197 ' for continuation of its conditional use permit for two temporary free-
' standing wood frame classrooms at the Mendota. Elementary School.
1 Council also aclaiowledged an associated report from the Public
a Works Director. �
Ms. Lois Rockney, Director of Business Affairs for
district, stated that the district is requesting continu�
year conditional use permit granted by the city in 1�
to a question from Mayor Mertensotto, she sta.ted th
School was connected to public sewer and water an�
system was installed. The temporary classrooms w�
connected, however they were connected to the schc
system. She stated that the buildings aze intended tc
hopefully for two to three more years. She explaine
children move in and out of the classrooms and use
building for physical education and lunch, etc. She
rooms are very close to the entrance to the main bui
received no complaints about them.
he school
;ion of the five
39. Responding
.t the Mendota
a sprinkler
-e not
�l's fire alazm
be temporary -
L that the
he main
tated that the
iin� and she has
Councilmember Krebsbach stated that if the permit is extended she
feels the school district should make some improvements to the
buildings. She further stated that she would not be 'interested in
approving any future permit extensions. (
Councilmember Smith asked what the expected life `of the temporary
buildings is. �
Ms. Rockney responded that it is anticipated that they would not be
used for more than 10 years although the expected life for this type
of structure is 15 years. I
After discussion, Councilmember Krebsbach moved to grant a five
year extension to allow Independent School District� 197 to utilize
their existing temporary classrooms at Mendota. Elementary School
as per City Resolution No. 89-87, "RESOLUTION �PROVING
CONDITIONAL USE PERMIT FOR TEMP
CLASSROOMS."
Councilmember Huber seconded the motion.
Page No. 4134
September 6, 1994
Ayes: 5
Nays: 0
PENTEL ANTENNA Council aclrnowledged a memorandum from the city's legal counsel,
VARIANCE APPLICATION Eric Nystrom, and reports from consultants Goeffrey Jillson, P.E.,
from Guy Engineering Corporation, and Dr. John DuBois,
Registered Professional Communications Engineer, with respect to
the Pentel variance application for a 72 foot retractable, nesting
tower with horizontal directional antenna on top that has a 22 foot
turning radius.
Mr. John Bellows, legal counsel for Ms. Pentel, stated that the
application for variance to allow an amateur radio tower and antenna
was before the council in 1991 and the matter made its way to the
circuit court of appeals. As he understood the court ruling, the
federal regulation PRB-1 requires that municipalities use the
minimum regulation necessary to accomplish their purposes in
regulating these types of antennas. He stated that the court said that
in the past a balancing approach has been taken and the balancing
Council had taken is not the correct approach. Further, that the court
said PRB-1 specifically requires the city to accommoda.te
reasonably amateur operators. He felt that the distinction between
accommodating reasonably and balancing is important because
accommodating reasonably is more rigorous than balancing local
and federal interests when deciding whether to approve an antenna.
He informed Council that he and Ms. Pentel stand ready to achieve
an acceptable solution.
Referencing Dr. DuBois' report, he stated that while Dr. DuBois
refers (on page 4) to optimum performance and antenna heights on
pages 17-4 and 17-15 of the 1993 ARRL Handbook, no where on
either page does it state that the optimum height is one wave length
or 66 feet. He further stated that he is not seeking optiinum height
but is seeking reasonable accommodation. Mr. Bell"ows read a
portion of the executive summary from a paper titled Antenna
Height and Communication Effectiveness, which compazed the
performance of a beam type antenna at a height of 70 to the same
antenna at 35 feet. He stated that to a distant receiving station, a
transmitting antenna at 70 feet would provide 3 to 4 times more
transmitter power than the same antenna at 35 feet, and depending
on the level of noise and interference, the performance disparity is
often the difference between making distant radio contact with fairly
reliable signals and being unable to make contact at all. He stated
that his only purpose in making this explanation is to put into
question the reference to 66 feet being the optimum height. Mr.
Bellows took exception with Dr. DuBois reference to compromise
because he does not think the term compromise appears in
Page No. 4135
September 6,� 1994
significant portions of the 8th Circuit Court case on
also took exception to Dr. DuBois recommended he
being a compromise from the optimum. He stated t
the optimum and that 70 feet is a reasonable acco�u
stated that PRB-1 does not say Ms. Pentel is entitlec
it says reasonable accommodation. He further state�
attempting to be accommodating, and that it is sign
he issue, and
ght of 50 feet
at 66 feet is not
�odation. He
to the optimum,
that he is
Ficant that the
antenna tower that has been chosen nests and does riot need to be at
70 feet at all times. �
With respect to the Jillson report, he stated that it in
antenna that Ms. Pentel is currently talking about h
radius of 22 feet and the original proposal for place�
was 19 feet from the lot line so that the antenna woi
extend over the ed'ge of the lot. He stated that there
dealing with it: first, the Pentel lot is 60 feet wide, s
feet should not be a problem to keep it from the lot ]
would be to possibly look at a smaller antenna or st�
there would be a smaller tuining ra.dius. He stated t
a rating of 63 sf at 70 miles per hour which means 1
top is the equivalent of anything vertical that is 6.3 i
that's the opposition to wind. The Jillson report sa3
per hour rating should be used. Mr. Bellows stated
never has been or will be Ms. Pentel's intention to h
extended to its full height in an 80 mph wind. In an
situation, the intention would be to retract it. He stal
according to the manufacturer, the rating of the tow
retracted in 50 mph wind is 30 sf, 2.5 times the winc
current antenna. He stated that he is present to wor�
'.cates that the �
� a turning
�nt of the tower
i actually
re two ways of
moving it 2 •
ie; and, second
k antennas so
�t the tower has
e antenna at the
;ei square -
� that an 80 mile
hat it is not and
�e the tower
� storm
;d that
;r when
load of the
with council
and while it is difficult to reach an agreement he is ready to do so,
but the indication of the court was that the burden to accommodate
falls on the city.
Mayor Mertensotto stated that the currently propose
Towers HDX 572, and the antenna is Telex Hy-Ga'v
He further stated that if he understands the court or�
court found that the Pentel pending application seek
for a 68 foot tower is not moot, and although she no
68 foot tower nothing can prevent her from seeking
68 foot tower. He stated that the court ordered city t�
pending application for a 68 foot tower.
tower is a US
model l l DX.
�r correctly, the
is a variance
�nger owns a
variance for a
rule on the
Mr. Bellows responded that in speaking to the city's � legal counsel it
was agreed that Ms. Pentel would proceed on the basis of applying
for a 72 foot tower, and the only reports provided at �this point are for
the 72 foot tower. Referring to the memorandum from attorney
Page No. 4136
September 6, 1994
Nystrom, Mr. Bellows stated that even though there is now a
different tower configuration, the city is obligated to review what is
currently requested. He informed Council that he spoke to Attorney
Nystrom last week and asked whether he wanted Mr. Bellows to
proceed on the 68 foot or 72 foot tower and was told 72 foot. He
stated that the order of the court preceded the conversation and if
Council wants to proceed with the 68 foot tower he would do so, but
no one has presented any information on this from the city's experts.
Mayor Mertensotto responded that he wants to be sure that everyone
is talking about the same tower. He stated that Mr. Jillson's report �
talks about the structural design aspects of the tower and the
antenna. He informed the audience on the qualifications of Mr.
Jillson and Dr. DuBois and stated that Mr. Bellows has been given
copies of both reports. He explained that Council must rely on what
the experts have said in their reports since the Council members are
not experts in the field.
Mrs. Elizabeth Plummer, 605 Garden Lane, presented a petition
containing the signatures of 50 neighbors who object to the proposed
tower, 20 of whom were present for the discussion. She also
submitted a letter from Gail Hazledine, Certified Residential Real
Property Appraiser, regarding the potential affect of the
tower/antenna on surrounding properties.
Mr. Jim Plummer stated that his understanding was that council was
being asked to rule only on the original application for the 68 foot
tower.
Mayor Mertensotto responded that based on communication from
the city's counsel and from Mr. Bellows, it appears that it has been
agreed that the application before Council is for the U.S. Towers 72
foot tower.
Mr. Plummer stated that he does not understand how Council can be
asked to make a decision when Ms. Pentel keeps changing what she
wants. He stated that as he understands the consultant's report, the
72 foot tower is shucturally unsafe.
Mr. Tony Postiglione, 562 Fremont Avenue, stated that there has
been no discussion on aesthetics. He stated that many of the home
owners in the neighborhood have spent considerable money to
upgrade their homes and the antenna tower will devalue their
properties because no one will want to buy a home near a 72 foot
tower. He informed Council that he has have two small children and
would not have bought his home if he thought there would be a
, i
�
. ,
fi
�
�
, ;
Page No. 4137
September 6,� 1994
tower next to it. He asked that Council be
not just Ms. Pentel, and further asked if it r
put up a relay tower.
Mayor Mertensotto introduced Mr. Goeffrey Jillson
informed the audience that he is a registered civil, s�
mechanical engineer in Minnesota and other states.
that his firm practices lazgely in the area of failure a
evaluation of structures and does about 200 investig
analyses each yea.r, some of wluch involve over l OQ
evaluation. He stated that he has done much with h
and that his firm evaluated the cause of the failure o
radio tower that collapsed at the airport two years a�
to the matter before council, he sta.ted that the evalu
straight forward - he reviewed 16 pages of stntctura
calculations that were prepazed by a registered engi�
for the manufacturer of the tower. He stated that th
review is that the proposed tower at the 72 foot heig
range of less than 1/2 of the strength required to ca�
antenna and it also does not address any ice loadin�
that ice loading is recommended under the EIA stan
EIA standards along with the building code are the �
standards. He stated that he found one enor in the ;
engineer's calculations that were prepared by the m�
selection of the basic wind speed that is used, 70 mi
stated that the EIA standards specify 80 mph and ea
effect of wind on structures is extremely non-linear,
not push on it twice as hard as 40, but roughly pushE
times as hazd, and the higher you get from the grow
dramatic effect. Mr. Jillson sta.ted that the basic wir.
mph is not the correct selection for here, neverthele�
selected lower wind speed the proposed tower is hal
necessary to carry the proposed antenna with no ice.
he believes it should be considered with ice loading
so in his opinion the tower is substantially under ca�
;, to everyone,
for someone to
Mr. Jillson
ictural and
[e explained
ilysis and
;ions and
suucnues per
;h structures
the KNOW
�. With respect
tion was
engineering
�er in California
upshot of that
�ts is in the
y the proposed
He explained
ards. and the
.nufacturer - the
es per hour. He
plained that the
80 mph does
s on it four
id has a
3 speed of 70
� even with the
'the strength
He stated that
�nd at 80 mph,
Councilmember Smith stated that it has been suggested this evening
that the owner would not extend the tower when it is windy out. She
asked if it is appropriate to do an analysis on a promise to keep it
nested if it is windy or if the evaluation should be d�one on the
potential full extension of the tower. I
Mr. Jillson responded that in his professional opinion it is
completely inappropriate to rely in any way on human or proactive
measures in the event of storms. He stated that micro bursts, down
bursts, straight line winds, thunderstorms and blizzards are all
Page No. 4138
September 6, 1994
unpredictable in nature, and the wind loading that would talce down
a tower like the one proposed could literally occur in a matter of
seconds. He stated that to rely on proactive measures to be taken by
someone to protect a tower is unreasonable and in his view it would
be unsafe.
With respect to taking the position that it would be nested and not
elevated during periods of high wind, he stated that periods of high
wind around here aze extremely unpredictable and can happen in
very short periods of time. He explained that the normal
conservative approach to engineering of stntctures would be that you
-- would design for the maximum conditions that the tower can take, � ---
� fully extended under the basic wind speed rules.
Councilmember Smith sta.ted that just a couple of weeks ago there
were reports of gusts of 80 mph. She asked if there are any statistics
on how often this occurs or what high wind speeds in this area can
be.
Mr. Jillson responded that there are extensive writings on the matter
and it has empirically found its way into the building code. He
explained that the State of Minnesota. adopts almost in total the UBC
plus adds about 1000 more pages of amendments, to form the State
Building Code. The UBC basic wind speed chart in development of
the loads, about 25 pages of the code, starts with a map of the US
with nomographic charts on it. The standards in this area are 80
miles per hour. He further stated that the governing document, the
EIA/TIA standards for radio towers expressly, county by county in
the US, sets the basic wind speed, and it is 80 mph for here. He
stated that there is no question of interpretation, 80 mph for this type
of structure is the correct speed.
Councilmember Krebsbach asked Mr. Jillson to comment on the
appropriateness of the proposed tower for its hobby use, with the
conditions Mr. Jillson has described, in an area with small lots and
adjacent homes and children.
Mr. Jillson responded that from the perspective of a professional
engineer, it is not appropriate for him to comment on those issues.
With respect to safety issues, he stated that because of the nature of
the structures, the towers are very easy to climb and the issue of
protecting tower bases is very complex. He stated that something
could perhaps be added to make it less ladder like, but then the
surface area would be increased and the loading would change.
Page No. 4139
September 6,� 1994
Mayor Mertensotto stated that the report has not had general
distribution and asked Mr. Jillson to summarize the � eport for the
audience.
� Mr. Jillson gave the following summary. 1.) It is hi;
' that the antenna tower is structurally inadequate to i
' anticipated loads proposed; 2.) It is his opinion that
� on the antenna and tower have not been considered
' engineer for the installation and that the loading bo
{ and weight of ice would further degrade the capacit
� carry the loads. 3.) It is his opinion that the propose
� � comply with the EIA/TIA standard 222-E Mazch 1'
; governing standard for installation of antennas and
� the United States, and the specific criteria which arf
� proposed installation are structural adequacy to re:
' and consideration of ice accumulation on the tower
� system. 4) He has not been provided with the found
' calculations for the proposed antenna and tower ins�
' review (the cast in place concrete foundation for the
his finding that the proposed antenna with general d
� approximately 24 by 37 feet will, on the subject to�
proposed location, extend when rotated approximat�
� over the property line of the adjacent properly to thE
Councilmember Smith asked if, when Mr. Jillson st
there is a recommended clear area that is often prop
for instance in case of structural failure. Mr. Jillson
there is not. He sta.ted that the Building Code and E
address the structural adequacy of the systems and t
the direction of designing structures that will not fa]
normal loads. He stated that tornadoes are not norn
that the basic wind speed loadings in the UBC have
developed from observations and experience over a
time.
Councilmember Krebsbach asked who would be at
fails.
Mr. Jillson responded that this is a legal question,
experience in va.rious litigation support roles that
look at all of the parties who may have had an inv
installation contractor, manufacturer, engineers, e
have to look at what the actual mechanics of the f
would be specific to the incident.
firm's opinion
arry the
�ce accumulation
ry the structural
h due to wind
� of the tower to
l tower does not
91 which is the
�wers used in
not met by the
st wind loading
�nd the antenna
�tion design or
�llation for
tower). 5. It is
mensions of
�er at the
ly 2 to 3 feet
west.
dies towers,
sed for safety,
�esponded that
A standards
ey are aimed in
down under
�.l loads, and
volved and
�ng period of
if the tower
t based on his
would typically
He would first
re was - it
Page No. 4140
September 6, 1994
Mayor Mertensotto asked Mr. Bellows if he would like the
opportunity to respond. He stated that it would certainly appear that
there is some hazard to Ms. Pentel and her neighbors.
Mr. Bellows stated that with respect to the foundation, the materials
he provided to Mr. Nystrom include information as to concrete
footing requirements for this tower. He stated that, with respect to
concern about the antenna, the antenna has a 99 mph wind rating.
With regard to the question of children trying to climb the tower, he
stated that in 1991 he indicated he would be willing to install anti-
climb devices at the base of the tower. He stated that the wind load
factor is an insignificant issue when one is talking about the bottom
8 feet of the antenna.
Mr. Bellows stated that the antenna itself has a greater rating than
the tower specifications Mr. Jillson provided. He explained that
there aze no guy wires on the antenna - it is a self-supporting tower.
With respect to the issue of city liability, he stated that Ms. Pentel
would agree to provide an indemnification agreement as well as
insurance in the event of failure of the tower. He stated that more
important is the contention that the tower has rating of 6.3 sf at 70
feet and there is no reason to believe that dropping or nesting, or
retracting the tower in times of windy conditions or when not in use
is not a reasonable proposition. He stated that the rating Mr. Jillson
came up with for the antenna on top of the tower at 80 mph was
something like 6 square feet. He asked if he came back with an
antenna that had 6 square feet of loading, whether Council would be
satisfied if Council is concerned that the proposed antenna is too
much of a load.
Mayor Mertensotto stated that based on what Mr. Jillson is saying,
he feels that Council can make a finding that any antenna tower
configuration must comply with the EIA/TIA 222 E standard.
Mr. Bellows responded that what he is saying is that the capability
of this tower and the intent of the tower to be retracted at 30 or 40 or
50 feet, the tower will, in an 80 mph wind, easily handle the wind
load. �
Mr. Jillson responded that his review consisted of the review of the
standards, checking the calculations of the struct�zral engineer for the
manufacturer for this particular tower. He explained that if he finds
something is under capacity by half, it would be a pointless exercise
for him to run the necessary 16 pages of calculations at 80 when it
already fails at 70. Secondly, he did not review calculations for the
foundation as he was not aware they were available. He stated that �-
Page No. 4141
September 6,� 1994
the normal procedure is to design the tower and antf
- that's necessary to determine the loads in overturni
which is what the foundation needs to resist. If thos�
substantially under capacity, it is probable that the p
foundation dimensions would be under capacity as
that with respect to the 72 faot height and the 99 m�
the antenna proper , he stresses that this is without ii
informed Council that there is no doubt in his mind
loading of 1/2 inch as recommended by EIA/TIA, e1
itself would not make 70 or 80 mph wind speed. Th
would substantially increase the weight and cross se
antenna. He stated that the 6.3 square feet of antenn�
tower at 70 mph is the calculation of the manufachu
their own engineer has deternuned it is half as stron�
be, and that's without ice. He explained that ice add
to the tower. With respect to anti-climbing devices,
the manufacturer could provide them, but that the di
wind loading would probably be minor.
�na system first
g moment
are
�vell. He stated
� wind rating of
; loading. He
hat with ice
., the antenna
: ice loading
tion of the
capacity for the
r's engineer. -
as it needs to
a lot of surface
ie did not think
:erences in
Mayor Mertensotto stated that the major issue is whether or not it
complies with EIA/TIA standard 222E dated Mazch�1991 and the
state building code.
Councilmember Smith stated that a question has b
Jillson as to whether he has done calculations on t
footage of an acceptable antenna on the tower woi
that she is confused as to what Council's role is, aa
Hart whether Council's role is to evaluate the prop
the question of designing a system for Ms. Pentel.
Mayor Mertensotto stated that Council is not here tc
inform the applicant based on what Council adopts.
Council, based on the credibility of the testimony th
has made, finds that tlus tower represents a hazard t�
safety and welfare of Ms. Pentel and her adjacent n�
is time for Council to take some action accordingly.
Mr. Jillson has stated the five items of the summary
opinion as to the particular tower and the antenna th
the applicant and that it does not meet the standards.
also has given his professional opinion that it is ver;
Council to evaluate the tower in its fully extended p
He stated that Council must evaluate the variance a�
on the material that is presented to Council on whetl
tower presents a hazard to the safety, health and wel
neighborhood and Ms. Pentel.
i asked of Mr.
.t the square
be. She sta.ted
�sked Attorney
a or to solve
design but to
-ie stated that if
; city's expert
the health,
ighbors then it
He stated that
which is his
.t is offered by
Mr. Jillson
appropriate for
�sition, 72 feet.
�lication based
er or not the
are of the
Page No. 4142
September 6, 1994
City Attorney Hart stated that Council's first concern must be the
safety of the residents of Mendota Heights. He further stated that
Council does have an obligation however to reasonably
accommodate Ms. Pentel, and that Council is in the process of doing
that by advising her what standards and criteria Council will be
applying and utilizing in evaluating any system she proposes. He
did not think Council is here nor is it Council's obligation to design
a system. He stated that Council has advised Ms. Pentel through her
counsel of the standards that are being applied and if the antenna
fails to meet the standards, so be it - other antennas may very well
comply with those standards and still meet her broadcasting or �
transmission objectives.
Mr. Bellows stated that he believes that the cases that the 8th Circuit
Court relied on - Boulder and Williams vs. the City of Columbia -
both dealt with issues where the accommodation or the compromise
of the city involved having a tower lowered. He stated that he thinks
the city is wrong if it fails to include that - the city was wrong in
1991 in its evaluation of what the law is and is wrong now. He felt
that the city mis-characterized the evidence then and is doing it now.
He stated that he cannot work the matter out with the city he will be
back in court again. .
Mayor Mertensotto asked Mr. Bellows if he felt it would be
inappropriate to ask his client to meet the EIA/TIA Standards 22E
dated March 1991.
Mr. Bellows responded that it would be if Council is talking about
it being fully extended at all times with a retractable tower. He
stated that what the Council seems to be telling him is that it's all or
nothing - there is no accommodation or reasonableness.
Mayor Mertensotto asked if it is unreasonable for the city to require
that the antenna tower configuration meet the standard that Mr.
Jillson has sta.ted would be appropriate for Council to consider as far
as the safety of the tower both Mr. Bellows' client and her neighbors.
Mr. Bellows responded that he understands what Mayor Mertensotto
is stating but that Council is not considering the capability to retract
the tower. He did not feel it is a matter of expert testimony but a
matter of common sense and being reasonable and that when he
talks of "in use", he is talking about when someone is on the
premises.
Councilmember Krebsbach stated that she does not think it is
reasonable to expect Ms. Pentel to be alert to the wind conditions 24 �-
i
, ;
:
i
. ,
' ;
Page No. 4143
September 6, � 1994
hours day 365 da.ys year, which would be putting a
burden on her.
Mr. Bellows responded that this presumes Ms. Pentel will be on the
air 24 hours a day, 365 days a year and that is not the case. He stated
that if it is a condition of the permit (that she be alert to wind
conditions), she will take on the responsibility. (
Councilmember Smith sta.ted that to protect the saf
surrounding residents Council would have to rely c
assertion that this is what she would do. She stated
this would be Ms. Pentel's intention but intentions �
translated into action and that Council has expert te
would not be appropriate in this case to rely on inte
Councilmember Huber pointed out that it is very fr�
of the country that threatening conditions occur thr�
in any given week and can come up very quickly. (
have to rely on Ms. Pentel to always nest the tower
are threatening conditions. In the eazly days she mi;
after continuing lowering the tower whenever threa
present themselves but nothing occurs, she might le
He stated that although the city's expert is saying C
rely on this Mr. Bellows is saying she would never
on when she should lower the tower and when she �
and that is unreasonable.
Mr. Bellows responded that he does not think �
is based on perfection a11 the time and that he s
another possibility of extending the tower only
Councilmember Huber responded that when Counc
decisions if they make a mistake generally the risk :
but the risk in this case is substantially greater. He
if the tower comes down there is human life involv�
threshold of a mistake in this case is significantly h
threshold Council can put on other decisions it mak
that if a neighbor is outside and the tower comes dc
if he's running out to gather his children in a storm,
starts to come down the threshold is substantially g
Councilmember Smith pointed out that the proposal
tower on a 60 foot lot and even if it were placed it u
the lot it is very likely that the tower could land on s
house.
y of the
Ms. Pentel's
�at very likely
� not always
imonv that it
uent in this part
or four nights
�ncil would
heneverthere
t do that, but
ung conditions
�e the tower up.
ncil should not
�ke a mistake
i leave it up
ig Council does
s that there is
it is in use.
makes
somewhat low,
�inted out that
y SO �18
her than the
>. He stated
n, for instance
nd the thing
is for a 72 foot
. the center of
omeone else's
Page No. 4144
September 6, 1994
Mr. Bellows responded that a 22 foot tower in its nested condition if
placed in the center of the lot would fa118 feet inside the lot.
Councilmember Smith stated that it is less likely that it would fall in
its nested condition but it could fall in the 72 foot condition. She
stated that Council is ta.lking about 80 mph standards but that she
suggests that winds get over 80 mph as well. She pointed out that
Council is not guarding against that potential but is only going up to
80 mph, which seems a reasonable standard.
Mr. Jillson stated that the structural engineer for the manufacturer's
calculations show the tower at full height and select a 70 mph wind
speed, which Mr. Jillson has identified as in error and should be 80.
He stated that the reason the manufacturer evaluated it at full height
is precisely because of the fact that the code requires that the
calculations be developed at full height. He explained that this is
whole point of the analysis and unless the owner has advanced
weather gathering capability at his house, there is no way that one
can reasonably anticipate winds from thunderstorms, down bursts
and micro bursts. He did not see how that would be a reasonable
thing to do. He further stated that it must be borne in mind that in
the first chapter of the building codes it states that the state building
code supersedes any and all other local codes, so it may not be in the
purview of the city to adopt a lesser standard than the state puts
forth.
Mayor Mertensotto pointed out that the Uniform Building Code has
been adopted by reference in the State of Minnesota and in the City
of Mendota Heights. He stated that Mr. Bellows is an advocate for
Ms. Pentel but Council must take a look at it as Ms. Pentel owning
that property today. He asked what would happen if she sells the
property.
Mr. Bellows responded that there is no authority, pernussion, basis
or reason for there to be a tower on that premises unless the person
there is a licensed axnateur operator. He stated that the whole basis
and authority for the existence of the tower is PRB-1 which is
premised on the owner of the property being an amateur radio
operator.
Councilmember Smith expressed confusion over some statements
that have been made - one, that it would be ludicrous to put the
tower up in high wind conditions and, two, previous suggestions that
this tower would be used for communication during a crisis
situation.
Page No. 41�45
September 6� 1994
Mr. Bellows responded that this is a misunderstanc
during the last meeting before Council. The type oi
Ms. Pentel is dealing with occurs after the disaster
stated that she does not operate during the height o
situations - tornadoes, floods etc. - and it is only a��
occurs that emergency communications take place.
that arose
.as struck. He
those types of
;r the incident
Councilmember Krebsbach asked what if she was u'sing it when the
incident occurred - the antenna would be up. �
Mr. Bellows responded that the problem is that Cou
worst case scenario and he did not feel that falls wit
accommodation. He stated that he came before Coi
to deal with some of these issues and to express his
working with Council. He further stated that appare
feeling that he must come with a complete plan that
Council and Council will say yes or no to it, and it i
accommodating or hying to work together.
Mayor Mertensotto responded that based on the pr�
representa.tion made to Council by its expert, it is r.
for the safety of Ms. Pentel and the neighbors that �
that standard. He stated that he does not think Cou
further now - the expert who testified reviewed his
analysis. He stated that he believes the expert's bai
credentials certainly are appropriate and he is tellin
design is not adequate for this locale.
Mr. Bellows responded that Mr. Jillson is saying tY
the 12 squaze foot antenna aze inappropriate. He fu
he has indicated to Council a willingness to discuss
them regarding the size of the antenna and has had �
Councilmember Smith stated that Council has not
what would be an appropriate accommodation for
only discussed the 72 foot tower. She felt that Co
talk about any kind of height until the technical is;
transmitting are discussed and Council has not dis
its experts.
Attorney Hart stated that Council must keep in mi;
was hired not just to evaluate this particular anten
furtherance of Council's obligation to reasonably a
Pentel's desires to tell and advise Council on what
should apply in evaluating her application, which
done. He did not think that reasonable accommod
cil is looking at
in reasonable
icil today to try
iterest in
tly it is the
s satisfactory to
not a matter of
�ntation and
: unreasonable
� tower meet
;il has to go
;port and
ground and
Council that the
this tower and
er stated that
id work with
response.
i discussed
;ht �and has
l cannot really
with
ed that with
that Mr. Jillson
but also in
ommodate Ms.
nd of criteria it
what he has
on means that �-
Page No. 4146
September 6, 1994
Council has to compromise one iota. on a legitimate safety issue. If
there aze human safety concerns based on a particular application, a
particular antenna, he did not believe the city has to compromise on
that but must identify reasonable criteria for Mr. Bellows and Ms.
Pentel and work with them to find an accommodation that best
meets her goal and is the minimum regulation that the city will
require. He pointed out that Mr. Jillson is not just evaluating a
particular proposal but also advising the city on what kind of criteria
to apply and Council is informing the applicant on what criteria they
have to meet.
Mr. Bellows responded that he agreed with Attorney Hart in 1991
a�d does to an extent now. Part of the obligation is that Council
must work with Ms. Pentel, and that is what he is asking Council to
do. He stated that the city has spent much money on this matter and
that he has spent much time and will keep coming back until there is
something appropriate.
Councilmember Krebsbach asked what Ms. Pentel's accommodation
is.
Mr. Bellows stated that he has offered to work with Council on the
size of the antenna on the top and retracting the tower. He further
stated that in the two court cases that have dealt with this issue, both
indicated that reasonable accommodation, compromise
accommodation, involved retracting the antenna. He stated that it is
no less icy in Boulder than it is here.
Mayor Mertensotto pointed out that the city's expert is telling
Council that the standard should be met and asked if Mr. Bellows is
saying it is unreasonable for us to ask him to meet the .standard.
Mr. Bellows responded that he made a proposal and has given some
alternatives: Council said no to the original proposal and he is trying
to indicate that he is trying to work with Council.
Councilmember Smith stated that she would be happy to accept the
accommodation that the tower will be lowered when not in use but
would also have to accept Mr. Jillson's suggestion that this standard
would be used in evaluating the tower itself at the 72 feet height -
part of the accommodation in any approval would perhaps be that it
would be lowered when not in use - that is a reasonable expectation.
She stated that Mr. Jillson defined a standard and she feels it is
reasonable. She further stated that Council never interferes with the
UBC and cannot interfere with the standards for a tower. She felt
Page No. 41"47
September 6M 1994
that by accepting a standard that is less than what is
would be interfering with the UBC.
Mayor Mertensotto pointed out that Council has no'authority to do
that. f
Mr. Jillson stated that the tower does not meet the 6:3 squaze feet
antenna loading, probably 5 squaxe feet, and that is not with ice, and
that is not addressed in the calculations. He stated tliat it is his
opinion tha't ice must be considered on this tower. �
_ i � Mr. Bellows responded that he appreciates what Mr! Jillson is
� saying, but when the tower is retracted there is no ic�e problem
; because ice doesn't build up that fast. �
Councilmember Smith responded that Mr. Bellows is the lawyer for
Ms. Pentel and the city's expert is an engineer and Council must rely
on an expert in the filed. �
Mrs. Patricia Kasheimer stated that she does not car
depend on Ms. Pentel or any other neighbor about h
home, which is what she would be doing if Ms. Pen
She further stated that the other part of what she is h
court told Council it must provide reasonable acco�r
stated that she was present at one of the first meetin�
1991 and it became evident that Ms. Pentel had an a
time that was in violation of city codes and standard
that antenna because Council at that time granted he
continue to have it. Ms. Kasheimer stated that to he
reasonable accommodation and Council has akeady
measure. She stated that she cannot believe the nei;
rights and that only Ms. Pentel and her attorney hav�
Attorney Hart responded that the entire case is bas
preemption issue - which laws take priority over c
PRB-1 is a federal' law evidencing a federal policy
accommodating amateur radio communications. f
that although the federal district court upheld the c
position taken in 1991, that decision was appealed
circuit court disagreed. The upshot is that federal i
laws in that situation and that allowing Ms. Pentel
e�sting antenna is not a reasonable accommodatic
to have to
r safety in her
;1 had a tower.
aring is that the
nodation. She
� on the issue in
tenna at that
. She still has
permission to
that is
net that
hbors have no
rights.
on a
er laws - and
favor of
further stated
�'s earlier
id the federal
v pre-emts local
mainta.in her
;
Mr. Bellows responded that it is his position that the� Council is
constricted by the federal law and cannot do what it might want to
do. Council is limited in what it can do and the residents should not �-
Page No. 4148
September 6, 1994
hold that against the Council. He stated that reading from the case,
"application of the reasonable accommodation standard does not
require the city to allow her to erect any antenna that she desires.
Instead it requires only that the city consider the application, make
factual findings and attempt to negotiate a satisfactory settlement,
compromise, with the applicant."
Councilmember Smith stated that although she cannot find the
reference, she can recall reading that Council must make a
reasonable accommodation and impose the minimum restriction to
fulfill its role, which is the health, welfare and safety of the
community.
Mayor Mertensotto recommended that the matter be continued so
that Council can ask its legal counsel, Eric Nystrom, to specifically
address 1.) if it is appropriate for the Council to make findings in
respect to the opinions rendered by Mr. Jillson; 2.) whether it is
appropriate for Council to adopt items 1 through 4 of the report
summary as findings; 3.) if Council can require that whatever
accommodation or change which must be made in the tower must
comply with EIA/TIA- 222E a.nd the state building code which Mr.
Jillson said Council should require in order to protect the health,
safety and welfare of Ms. Pentel and adjacent neighbors; 4.) if it is
appropriate that the antenna/tower configuration be engineered to
withstand forces unposed by ice accumulation as set forth in the EIA
Standards Append'u{ A, Section 2.3.1.2A. Sub-paragraph C; a.nd 5)
whether it is unreasonable for Council to ask the applicant to meet
the standards recommended by Mr. Jillson.
Attorney Hart responded that his firm can give Council its best
opinion on the issue. He sta.ted that although Mr. Nystrom is not
an engineer it will difficult to evaluate the standards but that Mr.
Jillson's qualifications certainly seem to meet the standard for an
expert in the field.
Mayor Mertensotto stated that he would also like Mr. Nystrom to
give an opinion on whether the standards recommended to Council
are inappropriate or unreasonable under the purview of the court
order and that Council has not given away the authority to evaluate
from a safety standpoint. He stated that he wants the city's legal
counsel to tell Council whether it can adopt the standards
recommended by Mr. Jillson so that Council can inform Mr.
Bellows that those are the standards that will be required.
Attorney Hart responded that Mr. Nystrom is on vacation and asked
if Council desires the report back by September 20. �-
ST. THOMAS PLAN
MODIFICATION
�
, �
Page No. 41"49
September 6; 1994
Mr. Bellows stated that he has a prior conflict on Se
indicated that he will be available for the October 4
meeting.
Mr. Scott Patrick, 536 Fremont, stated that he occ,
Ms. Pentel's mail by mistake and it is always addr
Emergency Management Director. He did not thi�
ham operator issue but rather than she is using the
business. He felt that Ms. Pentel is n�nning a busi
home and the matter should be looked at as a zoni
further stated that Mr. Bellows has referred to the
only during use, but the antenna must be up in ord
signal so it will constantly be up and Ms. Pentel w
20 and
�nat�y receives
ed to her as
the matter is a
iio as a
�s out of her
issue. He
enna being up
to receive a
say it is in use.
Mr. Bellows responded that Ms. Pentel is not running a business but
is a member of an amateur radio organization. �
Mrs. Plummer stated that Ms. Pentel and Mr. Bellov�
that if the city hired two experts they would agree w
experts said. She informed Council that there is a to
Deerwood Court in South St. Paul in a wooded area.
said it interfered with their television reception, and
the owner to pay for filters for all of the neighborho
materials that were being damaged.
Mayor Mertensotto responded that if there is any
be corrected in order for her to keep her license.
had agreed
i what the
�r on
he neighbors
e city required
l and all of the
it must
Mr. Ken Kasheimer asked who will have access to the antenna, just
Ms. Pentel or any ham operator in the state. He pointed out that her
lot is a really good location on the bluff and others will be using it -
that's why Ms. Pentel is fighting so hazd. �
Mr. Bellows stated that the antenna/tower will be Ms� Pentel's and
he cannot say she will never let someone else come over. It is her
own private antenna and she is a member of a club. I
T'here being no further discussion, it was the consensus of Council,
with consent of Mr. Bellows, to continue the matter to October 4.
Council acknowledged a memo from Assistant Batc
a request from St. Thomas Academy for two minor i
conditional use permit and fence height variance wh
approved on June 21. Council also acknowledged a
Turpening, the project architect.
ier regarding
iges to its
was
er from Gary
Page No. 4150
September 6, 1994
Mr. Turpening reviewed the landscape plan for the entire campus for
Council and a detail plan of the improvements. Responding to a
Council question, he stated that the school is in the process of
evaluating its needs for the future and has reserved two areas for
future improvement. He informed Council that he had originally
placed the fence at the 35 foot setback because he understood that
the city owned some of the land and the fence had to be kept away
from the city's pump station. It was subsequently discovered that
city only owns a 20 foot easement and it was determined that
placing the fence so close to the track area could be hazardous
should there be an errant discus throw. He asked that the conditional
use pernut be amended to allow the fence at the 20 foot setback line.
Mr. Turpening stated that the second requested change is to allow
construction of a wall and roof connecting a ticket booth with the
concession stand to provide an enclosure for pop machines. He
informed Council that while his original request had been for a brick
wall between the buildings, which would have required footings, he
is now requesting permission to link the buildings with a wood fence
and roof structure.
Councilmember Krebsbach was excused at 11:50 p.m.
Mayor Mertensotto asked about a reference in the plans to the
installation of a septic system that was added in August.
Mr. Turpening responded that about 100 feet of septic line was
installed for health purposes to handle the sink and floor drain in the
concession building.
Councilmember Smith asked if it is intended that the fence will
always remain chain linlc.
Mr. Turpening responded that it is the intention to keep it black
vinyl chain link. The reason that black vinyl was selected is to hat
the fence disappears into the terrain. He stated that there will be
landscaping and contouring and tenacing behind the fence and it
will never have slats or an opaque covering.
Councilmember Huber moved to approve an amendment to the
conditional use permit for St. Thomas Academy to allow relocation
of the fence along Mendota. Heights Road from a thirty-five foot
setback to a twenry foot setback and to allow the addition of a
wooden fence and roof to link the concession stand and tick booth to
provide a pop machine enclosure, all in accordance with plans
submitted to Council this evening. �-
;
Ayes:4 �
Nays:O �
. �
FRIENDLY HILLS TASK
FORCE i
� 1
; "
i
Ayes:4 �
Nays:O �
i
MENDOTA INTERCHANGE
• � NOISE
ADJOURN .
,
Ayes: 4
Nays: 0
ATTEST:
Charles E. Mertensotto
Mayor �
+
i
i
Page No. 4151
September 6,' 1994
Councilmember Koch seconded the motion.
Council acknowledged a memo from Public Works Director
Danielson regarding prospective appointments to th i Friendly Hills
task force.
After discussion, Councilmember Smith moved to �
Blake, Robert Gilbert, Don Harrington, Fred Lamb�
Maczko, Ralph Myhrman and Doug Wenzel as mer
Friendly Hills Task Force and Debbie Evenson and
alternate members, and to implement the time schec
in the Public Works Director's memo.
Councilmember Koch seconded the motion.
Council aclmowledged a memo from the City Admi�
regazding Mendota Interchange road noise concerns,
draft letter to Mn/DOT.
int Mike
;, John
s of the
nard Friel as
as set forth
►.'!'+.�+�
It was the consensus to approve changes to the letter 'suggested by
Councilmember Smith, to authorize the Mayor to sign the letter and
to direct staff to forward the letter to Mn/DOT. �
There being no further business to come before the
Councilmember Koch moved that the meeting be a
Councilmember Huber seconded the motion.
TIME OF ADJOURNMENT: 12:35 o'clock a.m.
Kathleen M. Swanson
City Clerk
�
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
September 6, 1994
Concrete Contractor License �
Viking Concrete & Masonry, Inc.
Excavation Contractor License
A. Ramish & Sons Inc.
Kuehn Excavating
Glen Rehbein Excavating, Inc.
Virgo Contracting
Geaeral Coatractors License
National Home Framers
Gas Piping Coatractor License
La•Fond Plumbing
Pride Mechanical
Ryan Plumbing & Heating
SVAC Contraetors Licease
C.O. Carlson Air Conditioning Co.
Ma.naged Services Inc.
Master Mechanical Inc.
Suburban Air Conditioning Co.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Page No. 4152
September 20, 1994
� Minutes of the Regular Meeting
� Held Tuesday, September 20, 1994
Pursuant to d� e call and notice thereof, the regulaz meeting of the City Council, City of ]
Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heig
�
,
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following mem
present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith.
i
AGENDA ADOPTION Councilmember Smith moved adoption of the revise
�meeting.
� Councilmember Koch seconded the motion.
Ayes: 5 �
Nays:O � �
. . ;
CONSENT CALENDAR Councilmember Krebsbach moved approval of the c,
� for the meeting, along with authoriza.tion for execut
; necessary documents contained therein. ii
a. Acknowledgment of receipt of the unapproved
August 10, 1994 NDC-4 meeting.
b. Acknowledgment of the Public Works
report for August.
c. Acknowledgment of the Treasurer's monthly
August.
Minnesota.
were
agenda for the
ent calendar
of any
of the
monthly
for
d. Approval to purchase new and replacement turnout gear for
the Fire Department from Smeal (DANKO) for its low quote
of $3,158.00. I
e. Approval to continue the employment of Chris A
part-time engineering aide on an as-needed basis
1, 1994 to December 16, 1994.
f. Acknowledgment of a memo regarding install
conversion plant at the Public Works Garage ;
the engineering department to prepare a more
including the pay-back period.
g. Adoption of Resolution No. 94-64, "A RESOLI
SEEKING FUNDING FROM DAKOTA COUI�
�nason as a
�m October
of a gas
�rection for
led report
[ON
i� FOR ._
Ayes: 5
Nays: 0
FIRE STATION FLOOR
SEALING
Ayes: 5
Nays: 0
Page No. 4153
September 20, 1994
CONTINUATION OF COMMLTNITY LANDFILL
ABATEMENT PROGRAM."
h. Approval of a request from the Convent of the Visitation to
reserve the Rogers Lake Pazk tennis courts from August 29,
1994 to October 21, 1994 from 3:15 p.m. to 5:30 p.m.,
Monday through Friday.
i. Approval of the issuance of a cigarette license and off-sale 3.2
non-into�cicating malt beverage license to Twin City Stores,
Inc., #573 (formerly Fina).
j. Approval of the list of contractor licenses dated September 20, -
1994 and attached hereto.
k. Approval of the list of claims dated September 20, 1994 and
totaling $815,188.06.
Councilmember Smith seconded the motion.
Council acknowledged a memo from Assistant Fire Chief Neska
regarding bids received for sealing of the appazatus floor at the fire
station.
Assistant Chief Neska was present and responded to Council
questions.
Councilmember Koch moved to aclaiowledge bids for shotblasting
and sealing of the fire station appazatus floor and awazd a purchase
order to PSI Concrete Surfacing for its low quote of $8,440.00.
Councilmember Smith seconded the motion.
Mayor Mertensotto suggested that the savings between the award
price and the budgeted amount for the floor sealing be used for
maintenance of the exterior trim on the fire station.
Assistant Chief Neska announced the dates of the annual Firemen's
Dance and the Fire Department Open House.
NORTHLAND PARTNERS Council acknowledged a memo from Treasurer Shaughnessy
TIF regarding a request from Northland Partners for tax increment
financing assistance to assist in the rehabilitation and sprinkler
system installation at their facility located at 2510 Northland Drive.
' i
Page No. 4154
September 20, 1994
Mr. Dave Gravelle, from Northland Partners, sta.ted �l
requesting $70,000 in assistance in the cost of installi
automatic sprinkler system estimated to cost $75,000,
Mayor Mertensotto stated that staff has recomn
improvements to be made to the exterior of the
landscaping, berming, drive and paving replace
at an estimated cost of $125,000 to $130,000.
Mr. Gravelle responded that Northland Partners is
recommended upgrades.
; Mayor Mertensotto suggested that for concept purpc
�� participate, through tax increment financing, in the �
system installation for life safety purposes on a 50/'
� city would reimburse Northland Partners 50% of thf
1
� for the automatic sprinkler system after the system i
� of the improvements recommended by city staff aze
' the city would then reimburse Northland for its shaz
' system cost. He suggested that, in consideration of
� annual tax increment received in the Tax Increment
building since 1981, the tax increment fund contribi
' towards the improvements recommended by city sta
� of $140,000 in tax increment assistance.
t Attorney Hart stated that he will work with ]
f counsel to make sure that all of the costs are
; increment financing.
�
i
�
�
i
3
HEARING - VICTORY
AVENUE VACATION
;
�
�
�` � �
' �
r
Councilmember Krebsbach asked if Council would
approve the concept even if Mr. Gravelle cannot do
upgrading. She pointed out that Northland Partners
have evidence of financing for its part of the impro�
he is
an
l several
ng, as well as
signage, etc.,
to do the
�es, the city �
�st of sprinkler
) basis. The
$75,000 cost
installed. If all
of the sprinkler
.e $26,000 in
�istrict from the
� $65,000
; for a total cap
Partners' legal
costs for tax
itinue to
of the
uld need to
It was the consensus to give concept approval to the Gtax increment
assistance for sprinkler system installation and participation in
building and site upgrades within the guidelines suggested by Mayor
Mertensotto. I
Mayor Mertensotto opened the meeting for the purpose of a public
hearing on an application from United Properties for� the vacation of
a portion of Victory Avenue located on the north side of the Prime
Net Data. Systems site. �
Council acknowledged a memo from the Public Works Director
informing Council that United Properties no longer needs the right-
Page No. 4155
September 20, 1994
of-way for the Prime Net site and that there is some question as to
whether Victory Avenue was part of the old MAC plat and whether
it would revert back to United Properties if vacated.
Mr. Dale Glowa, representing United Properties, informed Council
that United Properties withdraws its request for the vacation.
Councilmember Krebsbach moved that the hearing be closed.
Councilmember Smith seconded the motion. �
Ayes: 5
Nays: 0
Councilmember Koch moved to approve the applicant's request to
withdraw the street vacation request. -
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
PRIME NET FINAL PLAT AND Council acknowledged a memo from Public Works Director
. BUILDING PERMIT Danielson regazding a request from United Properties for approval
� of the final plat, sign setback variance, 18 foot parking stall "proof
of pazking" and building permit for Prime Net Data. Systems.
Mayor Mertensotto stated that Council has given approval for the
use of TIF for the project. He pointed out that no request is being
made for parlcing spaces or driveways within the parking lot. He
stated that the applicant is asking for proof of parking but is actually
stating that the contemplated use needs fourteen fewer spaces than
are being provided. He stated that he would have no problem with
approving the praof of parking, since there is sufficient space for
additional parking as required should the building use change or
become more intense.
Councilmember Smith stated that Council discussed possibly
including additional landscaping to screen the truck dock azea where
the future expansion will be.
Mr. Glowa responded that he will leave as many trees in that azea as
possible and will buffer the dock azea from the nearby residential
area. He stated that the building will be all tilt up concrete panels.
He informed Council that although the plan showed 18 foot deep
parking stalls, they have been changed to be 20 feet deep.
Councilmember Huber moved adoption of Resolution No. 94-65,
'RESOLUTION APPROVING FINAL PLAT FOR MENDOTA
HEIGHTS BUSINESS PARK STH ADDITION," and approval of
variances for a 20 foot front yard sign setback variance and 18 stall
proof of pazking, since the owner has space for additional pazking as _
Ayes: 5
Nays: 0
GENERAL PUMP
s
Page No. 4156
September 20, 1994
required by ordinance should the use change or become more
intense, and authoriza.tion for the Code Enforcement Officers to
issue a building permit to allow construction of the Erime Net Data
Services building. �
Councilmember Koch seconded the motion.
Council acknowledged a letter from Lilyholm & I
behalf of General Pump, requesting tax increment
assistance for General Pump, along with an associ
the Public Works Director and Administrative As:
TIF and building permit review.
Mr. Joseph Zwack, legal counsel for General Pump,
the September 6 Council discussion on the matter, tl
site plan has been revised to address Council's conce
the visual impact of the building and the site. He ex
truck dock has been relocated and the service azea h
in a southeasterly direction so that it is totally screez
55. He stated that he believes the revised site plan a
stated concerns of Council and that the building will
facility, and reviewed the site plan for Council, and t
The project architect a reviewed exterior elevations
He informed Council that the service level is at the ]
facing the freeway, and only the top of the facility v�
the freeway. The building will be constructed out o
architectural concrete panels which have special ag�
special finish which will provide a contrasting band
painting. The band will wrap all azound�the buildin;
iResponding to a question from Mayor Mertensotto,
j stated that by turning the building around, it has bee
� . pull the parking onto the lot and no variance is need
that some of the excess soil from the site will be use
� adjacent Lot 4. He stated that Lot 4, also owned by
� will be graded, seeded and landscaped. The Genera
{ will be a 52,000 square foot building with a footpru
� square feet.
Mayor Mertensotto stated that he has spoken to Ge
Christopherson today and was told that appro�cima
needed for soil correction to Lots 3 and 4 and that
because the city asked that the building be reorient
about $28,000 in additional landscaping costs. He
Council had originally discussed an economic dev�
Inc., on
report from
it addressing
stated that after
e General Pump
rns relative to
�lained that the
s been moved
�d from T.H.
ldress all of the
be a first-class
ie audience.
�f the building.
�west elevation,
.11 be seen from
pre-cast
�egate, and a
�vithout any
✓Ir. Zwack
i possible to
d. He stated
l on the
Jeneral Pump,
Pump structure
of 40,000
al Pump's Mr.
� $238,000 is
sibly also,
there will be
ted that
�ment grant,
Page No. 4157
September 20, 1994
via TIF, of $200,000, to assist in making the site developable
because of soil problems. He stated that to make it possible to build
on the site, Council is considering a$200,000 grant for soils
correction and $28,000 for added landscaping, but that the financing
would not be made available until after General Pump receives a
certificate of occupancy for the building.
Mr. Zwack responded that this would be an acceptable condition.
He informed Council that when the landscaping is installed it will be
adequate screening, in a size adequate to totally screen the building.
The project landscape architect reviewed the landscaping plan,
stating that the trees will be well above the six foot height required
by city ordinances. The project engineer, Roy Anderson, stated that
he has met with Mn/DOT and had preliminary discussions regarding
the pond and will be pursuing the plan with a Mn/DOT drainage
application. He informed Council that the pond was designed to
adequately detain the water for a future building and pazking on the
adjacent Lot 4.
Councilmember Krebsbach moved to approve the project as
submitted and on file and to approve the site plan, drainage and
landscaping to be consistent with the plans tliat have been submitted,
and in conjunction with the approval, to give approval to contribute
$228,000 in TIF payable upon issuance of the certificate of
occupancy, with the understanding that Lot 4 will be graded, and
seeded as part of the site preparation and will be landscaped.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
T.H. 55 STUDY Council acknowledged a proposed contract from Dahlgren,
Shardlow and Uban for the Highway 55 Land Use Study along with
an associated memo from the Administrative Assistant.
Mayor Mertensotto informed the audience that it is proposed that the
study be done in four phases, that the estimated cost for expenses
materials and optional services is $850 and the proposed contract
cost has a$12,950 cap. He sta.ted that the contract should be
modified so that Council can monitor the phases and authorize each
phase prior to the consultant commencing work on each phase.
Councilmember Smith stated that under proposed phase two, as the
options are being developed they will be submitted to the Planning
Commission at regularly scheduled meetings. She stated that this
Page No. 4158
September 2Q, 1994
should not be limited to the Planning Commission
involve the Council.
Mayor Mertensotto agreed, stating that Council sh
all of the phases, and although Council is relying <
Commission for review and recommendation, the
for each phase should come to Council before furt]
a Councilmember Krebsbach moved to authorize the
j Clerk to execute the proposed contract for professic
� services for the Highway 55 Land Use Study, inclu�
! � cap, subject to amendment of the contract to stipula
�' Council of the City of Mendota. Heights shall autho
in writing prior to the consultant commencing work
� Councilmember Smith seconded the motion.
Ayes:S �
Nays:O j
i
•• MENDOTA BRIDGE OPENING - Council acknowledged a memo from Public Works
FRONTAGE ROAD NAMES Danielson regarding suggested Mendota Interchang
names.
TRAFFIC SIGNAL BIDS
1
,
�
�
�
�
Mayor Mertensotto informed the audience that a gr
celebration for the Mendota. Bridge will be held on
the bridge will open to traffic the next day. He stat
conjunction with all of the work which has been da
of the bridge, names must be designated for new fr�
should also
�ld have input at
the Planning
work is done.
ayor and City
�l planning
ig the $12,950
that the City
e each phase
frontage road
i opening
;tober 14 and
that in
at the east end
a�e roads.
Council reviewed the names suggested for frontage 'road names, and
the following names were selected: Perron Road West and Perron
Road West, Waters Drive, LeMay Lake Road, and i entre Pointe
Curve.
There was considerable discussion over the naming'of old Tnmk
Highway 13, and it was the consensus to select the name "Galtier
Road" and to direct staff to circulate the proposed fr� ntage road
names and report comments to Council.
Council aclmowledged a memo from Public Works �Director
Danielson regarding bids received for constntction of the Dodd
Road/Mendota Heights Road traffic signal project. �
Referring to Mn/DOT contract amendments discussed by Council on
September 6, Mayor Mertensotto informed Council (that there is
some question as to whether the city can get Mn/DOT approval to
put the signals in place without an executed contrac�. He explained
that Mn/DOT has informed staff that the contract that was proposed
Page No. 4159
September 20, 1994
is a standard contract and it is very difficult to make changes
because it must go to the offices of the Attorney General and many
others. He explained that Mn/Dot is willing to approve the
conditions on signal timing and salvage rights with a memorandum
to the agreement which has been dra.fted by Public Works Director
Danielson.
Councilmember Huber moved adoption of Resolution No. 94-66,
"RESOLUTION APPROVING AGREEMENT NO. 72616
BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF
TRANSPORTATION AND THE CITY OF MENDOTA
HEIGHTS," and the memo of understanding between Public Works
Director Danielson and Mr. Anthony Winiecki, Mn/DOT Division
Signal Design Engineer which will accompany the agreement.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
•• COtJNCIL COMMENTS Councilmember Huber informed staff on complaints he had received
regazding the parking of semi trucks in the Chippewa/Miria.m and
Hiawatha/Chippewa area. Staff was directed to notify the property
owners that the activity is in violation of city ordinances.
Councilmember Krebsbach expressed concern about traffic on
Mendota Heights Road and asked whether the city can limit truck
traffic on T.H. 110 between Lexington Avenue and T.H. 55 and I-
35E.
Public Works Director Danielson responded that T.H. 110 is not
within the jurisdiction of the city and stated that the problem has
been greatly reduced since I-494 was constructed.
Mayor Mertensotto directed Public Works Director Danielson to ask
Mn/DOT for a response to the city's letter regarding landscaping
along T.H. 110.
Councilmember Smith informed Council on a complaint she had
received regarding the condition of the former fire station site and
also regarding storage occurring at the Fischer's 66 site.
Public Works Director Danielson responded that the fire station lot
is mostly weeds and may need additional top soil. He stated that he
will direct Public Works to add topsoil and seed. He informed
Council that the Code Enforcement Officers will look at the
Fischer's site and he will report to Council on what types of
violations aze occurring.
t �
ADJOURN �
� '
;
� .
Ayes:S ,
Nays:O �
, a
;
, f
,
ATTEST:
Chazles E. Mertensotto
Mayor �
; '
�
;
>
;
,
Page No. 4160
September 20� 1994
There being no further business to come before the Council,
Councilmember Krebsbach moved that the meeting ie adjourned.
Councilmember Huber seconded the motion.
TIME OF ADJOURNMENT: 9:17 o'clock P.M.
Kathleen M. Swanson
City Clerk
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
September 20, 1994
Concrete Contractor Licen.se
Steenberg-Watrud Construction
Excavation Contr�etor License
Bohnsack Hennen Fxcavating Inc.
Geaeral Contractors License
L. H. Buldoc Co., Inc.
McPhillips Bros Roofing
New Age Designs
" Stiglich Construction Inc.
Gas Piping Coatractor License
Heights Mechanical Co., Inc.
Suburban Air Conditioning
SVAC Contractors License
Heights Mechanical Co., Inc.
MENDOTA HEIGHTS FIRE DEPARTMENT
AUGUST 1994 MONTHLY REPORT
FIRE CALLS NO. � 94158 - 94186
i ;
FlRE ALARMS DISPATCHED: I�UIIIBER
� i
ACTUAL RRES R
Structure - MH Commercial
Structure - MH Res'idential 1
Structure - Contract Areas
Vehide - MH ! 1
Vehicle - Contract Areas
Grass/Brush/No Value MH
GrassBrushMo Value Contract .
MEDICAL r
Assist 1 � 3
Extrication �
HAZARDOUS SITUATION
Spills/Leaks j
Arcing/Shorting �
Chemical ,
Power Llne Down
FALSE ALARM
Residential Malfunction 3
Commercial Malfunction 4
Unintentbnal - Commercial 4
Unintentional - Residential 7
Criminal i
GOOD N�ITENT 1 .
Smoke Scare � 1
Steam Mistaken for Smoke
Other ' 5
MUTUAL AID
TOTAL CALLS 29
LOCATION OF FIRE ALARMS: TO DATE
�
MENDOTAHEIGHTS 27 161
MENDOTA 0 6
SUNFISH LAKE � 2 9
LILYDALE , 0 8
OTHER 2
i 1
TOTAL � 29 186
i
WORK PERFOFtMED HOURS TO DATE
F{RE CALLS i 510.5 3585.5
NEE7N�CS ' 67.5 501.5
DRILLS f 104 886
�EKLYCLEAN-UP � 33 250.5
PECIALACTNITY 29 329.5
ADMINISTATIVE 0 0
FIRE MARSHAL 73 603
; TOTALS� 817 6156
�
l �
;
NUMBER OF CALLS 2 9
CONTENTS MSC. � TOTALS TO
$0
$35,000 $35,000 $405,075
$0
$12,800
$0
TOTAL MONTHLY FlRE LOSSES
$35,000 $35,000 $0 f
�
FlRE LOSS TOTALS MENDOTA HEIGHTS
ALLFIRES,ALLAREAS (MONTH) �70,000 $417,875
MEND. HTS.ONLY STRUCTfCONTENTS �405,075
MEND. HTS.ONLY MISCELLANEOUS $12,800
MEND. HTS. TOTAL LOSS TO DATE $417, 875
LAST YEAR
146
6
9
10
5
176
LAST YEAR
BILLING FOR
AGENCY TFNS MONTH TO DATE
MN/DOT $ 0
MILW. RR $ 0
CN3RR $0
OTI�iS:
$0
TOTALS: �0 �0
FlRE MARSHAL'S TIME FORIMONTH
.• • .
IM/ESTICA710NS
-, � • •
3375.5
413.5 ADMINISTRATION
953
263 SPECIALPROJECTS
564.5
0 TOTAL
623.5
6193 RBNAf�ICS: SEEO11iB�
' ' ' 41.5
1
3
26
' 1.5
73
�R SYNOPSIS
�r �
SYNOPSIS
Firefighters responded to 29 calls during the manth of August. Several calls were
medical assists; mauy were investigate aniy; and 2 were fire related. 4f the 2 fire related;
one was a gower pole fire; and ane was a serious structure fire at 1152 Sylvandale Road.
On August 20, 1994, firefghters responded to a reported garage fire at 1152
Sylvandale Rvad. Shortly befare 7:00 P.M. Police officers on the scene reported heavy fire
in the attached garage, with fire impinging on the house. Mutual aid was requested
immediately from West St. Paul and Inver Gmve Heights.
Firefighters aggressively attacked the fue; made a good knackdown; and assisted in
clean-up and salvage. Z�vo dogs were rescued daring the fire. It is believed that hot embers
from an ash container had been transferred ta a paper bag and then were stored in the garage.
The bag later igaited and thus the fire in the garage area.
Damage estimates are pla.ced at $35,OQQ structure damage, and $35,000 contents of the
structure.
AUGUST 1itAiNING
Monthly Drill
The tiau�.ing held during weekly squad drills consisted of hydrant hookups and
standpipe connectivns on all new b�i2dings in �the Indust��a1. Park. Hydrant pracedures and
engine placement was reviewed for the NSP propane tank farm.
Manthly Squad Drill
The monthly department drill consisted of tauring the newly built Fairfiield Inn.
Building size-up, standpipe hookups, raam sizes and Iayouts, wet and dry spriinkler systems,
and the stand by fire pump were all part of familiarizing the iirefighters with the new building.
�' °�
I l
FlRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR AUGUST 1
, ;
:.Al1S FOR MONTH FRE FRE FiiE PEF�IT CLEAN MOMIILY GBd OFFfCER S4UAD I
� 29 CALLS CALL CALLS ATTENDED l� DRILL MiY3 Mi�G DRILL i
YEAR7DDATE ATT'D HOURS ATTD THIS 1 2 2 2
186 MONiH MOMN YEAR YEAR HOURS HOURS HRS. H011RS HOURS
1
Adrian Ed i 14 14 94 51% 1 2 2 2
Blaeser Bret � 20 21 119 64% 1 2 2 2
Coates Aafan t 16 17.5 75 40% 2
Connoll Marcus ! 11 11 71 3896 1 2 2 2
Coonan Mike 1 10 10 69 37� 2 2
Dreelan Davfd ' 19 19 119 64% 1 2 2 2
Dreelan Paul ` 13 13 97 52% 1 2 2
Hennin Scott t 19 20 148 80% 1 2 2 2
Husni Ted � 11 11 52 28% 1 2 2
Kaufmann Mark � 9 13 66 35% 1 2 2 2
iGlbur Jim � 18 22 94 51% 2 2 2 2.5 4
IG R � 14 14 99 53% 1 2 2 2
Klarkowski Walt � 9 9 41 22% 1 2
kko John 17 17 93 50%
Lerbs Bill 19 21 120 6596 1 2 4
Lerbs Jamie 18 19 91 499b 5 2 2 2.5 2
Lowe Geor 24 28 130 70% 1 2 2 2.5 2
Maczko John 12 16 71 38% 3 2 2 2.5
�czlco Mike 18 18 90 48% 1 4 2 2
.�cNamar �12 i 6 63 34% 1 2 2 2
Nelson Gerald Jr. �16 20 128 69% 1 2 2 2
Nes John � �14 14 90 48% 1 2 2 2.5 2
Olund Tom 12 12 64 34% 1 2 2
Oster Tim 10 14 71 38% 1 2 2
Perron Jim 19 19 116 62% 2.5 2
Tom
23 23 141 76%
1 5 1 5 93 50%
10 14 70 38%
11 11 99 53%
�2 2 64 34%
� 510.5 TOTAL ATTENDEI
' 3585.5 TOTALMANHOUf
TM�s nnonrM u�sr ru�o
33 I 25
14.86 I I I 16.44
29
E
�
2
1 CITY OF MENDOTA HEIGHTS
�
, � NIII�ZO
, � September 22,
�
TO: Mayor, City Council and City Admini
' FROM: � James E. Danielson, Public Works Director
SUBJECT: Sewers, Water, Streets
�i Associated� Bureaus
7ob No. 9220
jImprovement No. 92, Project No. 4
,
1
DISCUSSION:
I
The contract has been completed for the Associa.ted Bureaus project and is �
fmal payment.
,
Total contract cost for this project was $170,564.(}0 not including engineeri
' easements and overhead.
�
RECOlVIlVIENDATION•
1
, •
; I recommend Council accept the project and approve the final payment to
Contracting of Shakopee, Minnesota.
i
,
ACTION REQUIItED• ,
If Council concurs with the recommendation they should pass a motion
Resolution No. 94-_, RESOLUTION ACCEPTING WORK AND APPR(
PAYIV�NT FOR ASSOCIATED BUREAUS (MENDOTA HEIGHTS BUS
4TH ADDITIOl� .
JED:dfw
;
� I
for
FIlVAL
PARK
City af Mendota. Heigh�,s
Dakata Caunty, Minnesota
RESOLUTION NO. 94-
RESOLUTION ACCEP'i'ING WORK AND APPROVING
F�NAL PAYIV�IVT FUR ASSOCIATED BZFREAUS
(1V�NllOTA HEIGHTS BUSnVF�S PARK 4TS .ADDITIO�
W�IER1+ _AS, pursuant to a written contra.ct signed with the City of Mendota Heights on
7u1y 29, 1993, Ryan Contracting of Shakapee, Minnesota, has sat3sfactorily completed the
impmvements to serve Associa.ted Bumaus (Mendota. Heights Business Park 4th Addition in
accordance with such contract.
NQW THEREFORE IT LS HEREBY RESOLVID by the City Council of the City
of Mendota. Heights that the wark campleted under said contract is hereby acsyepted and
approved; and
BE IT FURTHER RES4LVFD that the Mayor and City Glerk are hereby directed to
issue a praper arder for the final payment on sach cantract in the amount of $33,1G2.92 taking
the contractor's receipt in full.
Adopted by the City Council of the City of Mendota. Heights this 4th da.y of October, 1994.
� • �
•lYM • ul.`� �1� • : �1:� ,�
:
A71'T�ST:
Katbleen M. Swanson, City Clerk
Charles E. Mertensotto, Mayor
�'�
p �L
T0: � Mayor,
FROM: ' Paul R.
CITY OF MENDOTA HEIGHTS
September 22, 19�
City Council and City Administ o
Berg, Code Enforcement Officer � � �
SUBJECT: Fence Permit for 1300 Mendota Heights Road
; Metro II Building
j �
I
DISCIISSION
t
As Council is aware Independent School District No.
be occupying a portion of the Metro II building. Ir.
School District 197 will need a fenced in play area
program at the Metro II site. Able Fence, Inc. has su
permit application to construct 148 linear feet of 11
high chain link fence with a 3 1/2' gate at the south e
proposed fence (see partial site plan attached).
The fence as proposed will comply with the City's
for the industrial district.
I recommend that the proposed fence, as shown on the'
site plan, be approved.
ACTIONIRL4IIIRED
r
If City Council wishes to implement the recomm�
motion�should be passed approving the issuance of a f
which would allow the construction of a fence in the
shown on the submitted site plan.
�
PRB:kkb, .
;
i
i
�
;
�
4
197 will
ependent
�r their
mitted a
auge 4 8 "
d of the
nance
attached
�ation, a
�e permit
:ation as
,
�
; •
�
�
�
TO: �
FROM: �
CITY �F MENDO'I'A FiEIGHTS
MEMO
September 29, 19�
Mayor, City Council and City Administ
James E. Danielson, Public Works Direc o
SUBJECT: S�.
Tho�na.s Academy Roger' s Lake Boat Requ st '
DISGIISS=ON
I
Attached is a reqzzes� from Mr. Joe Rey�mann, Envi:
Studies Class i,nstructor, to once again have the City
variance allowing his class to operate a motorized boat a:
Lake for the purpose o� obtaining samples to continue tl
�tudies.
�cor�rmATxorr
�
grant a
Roger' s
:ir lake
I�recammend �hat the City grant the St. Thomasl Academy
Environmental S�.udies class a variance to allow them to opera�e a
motorized pontoon an Roger's Lake for the purpose o� conduc�ing
tests and obtaining samples to continue their 1.ake quality studies,
subject to the times established within their September 12, 1994
letter of request and the class presenting a report to the City
Council� on �he resul.ts of �.heir study.
Acsxo�r �Qas�r�
If Council desires to implement the reeommendati
should pass a motion approving a variance allowing St
Academy to operate a motorized pontoan on Roger's Lake
purpose;of conducting tests and ob�.aining lake samples st
the �.imes and dates called aut in �heir September 12, 19�
and subject to the class presen�ing the results of the tes
City Council.
1
JED:kkb�
�n, they
. Thomas
f or the
bjec� ta
i4 le�ter
:.s to the
Ta: Mendata HE i qhts isi tw Ccu��c i 1
` From: Joe Reymann
i
�l� GJG�
�1P ��
The purpase a� this letter is to request � �ariance -Fram the law
prahibiting motors on boat� an Rogers L�ke sc� that �e may build upon
th� da+.a �Ne c�bt�ined and recentl;f pre�•ented ta you at a GQuncil
Meeting. 4Je wauld like to appear before the Council on an annual basis
and present the re�ult=_• af �ur cumul�ti�F recordl as thpY are
gathered. Our sprinq presentation would then include fall and sprinq
data and would 4iWe us the cam�ined opportunity ta sez wh�.t changel
are occurring on � yearly basis!
The times we wauld be ��n the laKe in thE boat wauld be confined
ta th� hours between one and three during the time from October b•
through October 28. We wilt anly haUe� tlass e�ery ather day; we ha�e
not �et the faurth quarter calendar so I am un�ble to gi�e. you the
lpecific days. Hawe�er, it will be as in our prQ�iau1 request - three
daYs one wee1C follawed b� two days the next and so on! Not all of
these days would we be on the laKe - weather and schedule�s wauld alter
aur plans.
I appreciate your cansideration af this praposal and am willin�
to pro�ide you with any additionai information that yau would require.
8eptember 1�, 1994
MEMO
Date: 9-27-94
T0: Mayor, City Cauncil, and City Administrator
l /�
FROM: Paul R. Berg, Code Enforcement Officerv`"� `-'•
�
SUBJECT: Building Activity Report for September 1994
� f
I .
CURRENT MONTH ' YEAR TO DATE 94 YEAR
BUILDING � � �
PERMITS: No. Valuation Fee Collected � No. Valuation Fee Collected � No. Valuat
' � �
SFD 5 { T42,847.00 6,690.76 � 42 7,953,021.00 66,131.67 � 64 70,631,8
APT 0 j 0 0 � 0 0 0 � 0
T04fNHWSE 0 j 0 0 � 0 0 0 � 0
COIJDO 0 i 0 0 � 10 928,524.00 6,269.18 � 41 3,863,3
MISC. 36 :299,001.00 4,943.10 � 302 7,833,396.00 62,351.54 � 245 1,726,7
�
C/I 4 ; 24,747.00 587.90 � 45 14,263,916.00 67,089.46 � 49 5,773,3
� -
-------------------------------------------+------------------------------------+---------------
Sub Total 45 1,066,595.00 12,221.76 � 399 30,978,857.00 201,841.79 � 399 21,995.2
TRADE
PERMITS• �
Plunbing 10 322.00 � 109 7,903.00 � 162
Water 4 20.00 � 65 325.00 � 102
Seaer 4 70.00 � 67 1,172.50 � 100
Heat, AC, ' � �
& Gas 31 3,845.50 � 205 19,073.50 � 220
-------------- --------------------------+------------------------------------+-----------------
-i_
S� Total 49 + 4,257.50 � 446 28,474.00 � 584
{ I I
, . .
Licensina•
Contractor�s j � �
Licenses 22 550.00 � 332 8,300.00 � 314
-------------- � --------------------------+------------------------------------+-----------------
Total 116 1,066,545.00 17,029.26 �1177 30,978,857.00 238,615.79 �1297 21,995,284
� DATE 93
Fee Coltected
.00 85,520.48
0 0
0 0
.00 26,480.05
.00 30,240.51
.00 43,456.97
-------------------
.00 185,698.01
0
6,725.00
510.00
1,750.00
15,352.00
'������������������
24,337.00
7,850.00
',00 217,885.01
NOTE: All fee anwunts exclude Sac, Wac, and State Surcharge. Amounts shown aill reflect only petmit; plan check fee, and
valuatio� amoimts. �
�
;�
i
;
i
i
�
1
T0: f
I
FROM: �
i
SUBJECT:
�
CITY OF MENDOTA HEIGHTS
MEMO
Mayor, City Council and City
September 29, 1994
Administr o
James E. Danielson, Public Works Dire o
CAO No. 94-03: Werthauser
Modified Cr tical Site
Plan Approval
DISCIISSION
�
Mr. Art Werthauser has submitted the attached �
construction of a single family home at 1024 Sibley
Highway. This lot is located within the City's Crit
Overlay District (CAO) that protects the Mississi�
bluffline.
I have completed a CAO review and find that the pro
conforms to the standards of the Ordinance, no vari
required and that the City Council can exempt the reques
requirement of a public hearing and authorize staff t
building permit.
Two issues that need to be discussed are: retaining
steep slopes. There are small areas of.the site that
bluffline but exceed forty percent (40�) in slope. The
states ;that no construction shall occur on forty percE
slope therefore Planner Uban reviewed the request. It wa
out that in "Section 1.4 Definitions F. Slope", a fort�
(40�) slope was to be determined over a distance of 100
that nowhere on this site did those slopes even come
occurring. •
1
Retaining Walls. Mr. Werthauser has an area near
property line where he desires to construct two retain:
within four feet (4' ) of each � other. The Ordinance re
twenty ,foot (20') separation between retaining walls.
attached has one wall which will conform to the Ordinance,
Mr. Werthauser does plan on applying for a varianc.e to al
second wall to be constructed at a later date.
i
RECONIl�NDATION
1
!
The attached plan conforms to the standards of the
Area Overlay Ordinance, and I recommend that Council rE
request� and exempt the applicant from the requirements for
hearing, Planning Commission review and waiver of
application fee as allowed for within the "Modifications
of the Ordinance.
lans for
Memorial
cal Area
�i River
sed home
�ces are
f rom the
issue a
�alls and
are not
rdinance
zt (40%)
pointed
percent
feet and
�lose to
his west
ng walls
quires a
The plan
however,
.ow for a
Critical
view the
a public
he ^ $100
section
�
ACTION REOIIIRED
If Council desires to implement the recommendation, they
should pass a motion exempting Mr. Werthauser from a public
hearing, Planning Commission review, authorize staff to issue a
building permit and refund Mr. Werthauser's $100 application fee.
JED:kkb
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T0:
FROM: �
SUBJECT:
CITY OF MENDOTA HEIGHTS
,E����t_���
September 29 19�
Mayor, City Council and City Administra o
James E. Danielson, Public Works Dire o
CAO No..94-04: Bjorklund (1147 Orchard lace)
Modified Critical Area Site Pl�
Approval , �
DISCiTSSION
i
Mr. Richard Bjorklund, Jr., has submitted the attache
" construct a new home at 1147 Orchard Place for the Paster
lot falls within the boundaries of the City's Critical Are
District (CAO) and needs City Council review and approva:
a
The site plan reflects a minor development that coi
� the standards of the CAO and qualifies for exemption
requirements of a public hearing and Planning Commission
�
,
' RECONIl�2EI�TDATION
I
' I� recommend that Mr. Bjorklund be exempted i
requirements for a public hearing, Planning Commission rE
waiver;of the $100 application fee as allowed for wi
"Modifications" section of the Ordinance and that staff b�
the ability to issue Mr. Bjorklund a building permit to i
a house at 1147 Orchard Place. I
ACTIONIREQIIIRED
i
If Council desires to implement the recommendat:
should'conduct a CAO site plan review and then e�+
application from the requirements of a public hearing,
Commission review, authorize staff to issue a building p
construction of a single family home at 1147 Orchard
refund�the applicant's $100 application fee.
JED:kkb
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i4
� plan to
s. This
Overlay
�forms to
f rom the
review.
rom the
:view and
�hin the
� granted
�onstruct
on, they
rmpt the
Planning
:rmit for
lace and
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�
FROM:
i
�
+
CITY OF MENDOTA HESGHTS
�� �
September 29, 19
Ma.yor, Ci�y Council and City Adminis�r
n
James E. Danielson, Public Works Direc
SUBJECT: Mendota Water Agreement -
1
DISCIISSION
i
Mendota Heights ex�ended watermain to the City of M
conjuncta.an with the Mendota Interchange Project. St. P
Utility requires that Mendota execu�e a contract for tha
and that Agreement is attached. This Agreement was pi
Council at an earlier meeting and at that meeting you requ
changes'be made:
�
�
:ndota in
:u1 Water
: service
t be�'ore
:sted two
If there happened �o be a conflict between this Agreement
with �he Water Utility Board and Mendota Heights'
Agreement with the Water Utili�.y Boarci, �he Mendota
Height� Agreement is to prevail;
Mendota's users are �o pay the �ame ten perce"nt (10%)
sureharge as Mendota Heights' users and those�proceed:
are to go to M�ndata Heights.
The�e changes have now been made and are highlighte#�
a�.tached Agreement.
�
z�acor�rrnATxorr
The attached Mendo�a Agreement is basically identica
expired#Agreement Mendota Heigh�.s has with St. Paul V�Tater;
and I recommend that it be adopted. �
ACTION REQIIIRED
,
1
+ If � Council desa.re� to implement the recommendati<
,shoul.d pass a mo�.ion authorizing the Mayor to sign the Ag
JED:kkb�
1
i
on the
to the
Utility
, �.hey
?ement.
a
C{}I�TRACT FOR WATER SEttYICE
BETWEEH T�iE
BOARD (?F WATER GOI�SMISSIOIYERS OF SAINT PAIIL, MINNESOTA
rxE
CITY QF MENDOTA, MTNNESOTA
AND THE
CITY OF MENDOTA HEIGHTS, MINNFSOTA
0
r
i.0
:.p
�
�
5i
C
6!0
7.0
� �aaz.� o� cor�c�r�cS
�
AR2ICi.E
�
1.1 Term of Contract . . . . . . . . . . . . . . . . . . . . .
1.2 Cantract to be Replaced . . . . . . . . . . . . . . . . . �
1.3 +Default . . . . . . . . . . . . . . . . . . . . . . . . . �
1.4 Liabiii.ty of Baard . . . . . . . . . . . . . . . . . . . . j
1. 5 �Indemnif ication . . . . . . . . . . . . . . . . . . . . .
, �
1.6 Eifective Date of Contract . . . . . . . . . . . . . . . .
' �i
1. � Guarantee of Supply . . . . . . . . . . . . . . . . . . .
�
WATER�5ERVICE �',
I'
2.1 Water Quality . . . . . . . . . . . . . . . . . . . . . . .
2.2 Use of Supplemental Water Supply . . . . . . . . . . . . . .
2.3 Rul.es and Reguiations . . . . . . . . . . . . . . . . . . .
2.4 Baard's Jurisdiction in Mendota . . . . . . . . . . . . . .
2.5 Future Quality Siandards . . . . . . . . . . . . . . . . .
2.6 Future Operating Characteristics . . . . . . . . . . . . . .
WATER�SYSTEM FACILITIES
�
�
3.1 Standards . . . . . . . » . . . . . . . . . . . . . . . . .
3.2 Mains Construc;ted by Mendota . . . . . . . . . . . . . . . .
3.3 Right-af-Way Changes . . . . . . . . . . . . . . . . . . . .
3.4 Service Connect3.ons . . . . . . . . . . . . . . . . . . . .
3.5 Service Conn�ction Guarantee . . . . . . . . . . . . . . . .
3.6 Pi,ping, Fixtures, etc . . . . . . . . . . . . . . . . . . . .
3.7 Extensi.�ns of the Sysiem . . . . . . . . . . . . . . . . . .
3.$ Joint use of the System . . , . . . . . . « . . . . . . . .
3.9 Right to Inspeci . . . . . . . . . . . . . . . . . . . . . .
f
SYSTEM MAIPITENAI+ICE
�
4.1 Waterwarks Def ined . . . . . . . . . . . . . . . . . . . . .
4.2 Board to Maintain System . . . . . . . . . . . . . . . . . .
4.3 Baard's Option to �faintai.n or Replace . . . . . . . . . , .
4.4 New MainsJMaintenance by Board . . . . . . . . . . . . . . .
4.5 Board's Right to use of Streets . . . . . . . . . . . . . .
;
METERS AND RELATED SERVICES
;
;}
5.1 Board to Furnish bieters . . . . . . . . . . . . . . . . . .
5.2 Billing and Collection . . . . . . . . . . . . . . . . . .
5.3 Water Surcharge . . . . . . . . . . . . . . . . . . . . . .
5.4 Optional Billing and Collection Services . . . . . . . . . .
�
a
WATIIZ RATES
I
6.1 Consumption Rates . . . . . . . . . . . . . . . . . . . . .
. �
PROTECx'ION SERVICE ANA HYDRANT USE
7.1 Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . .
7.2 Inspection o£ Hydrants . . . . . . . . . . . . . . . . . . .
7.3 Hydrant Nozzie Threads . . . . . . . . . . . . . . . . . . .
7.4 Pai.nting oi Hydrants . . . . . . . . . . . . . . . . . . . .
,
;
i
i1
PAGE
1
2
3
3
3
4
4
4
5
5
6
6
7
7
7
8
8.
8
8
$
.
�
�
10
11
11
11
12
12
12
i2
13
r r
CONTRACT FOR WATER SERVICE
BETWEEN THE --
BOARD OF WATER COAII�ffSSIONERS OF SAINT PAIIL, MIPIPTESOTA
��
CITY OF MENDOTA, MINNESOTA
AND THE
CITY OF MENDOTA HEIGHTS, MINNFSOT�
This Contract made and entered into this day of ,
1994 by and between the Board of Water Commissioners of the City of Saint Paul, a
�� municipal utility located in Ramsey County, Minnesota, hereinafter called the
"BOARD" or "WATER UTILITY" and the City of Mendota, a municipal corporation
located in Dakota County, Minnesota, hereinafter called "MENDOTA" and the City of
Mendota Heights, a municipal corporation located in Dakota County, Minnesota,
hereinafter called "MENDOTA HEIGHTS".
. WITNESSETH:
That the said parties, in consideration of the mutual covenants and
a.greements hereinafter set forth, have agreed to and with each other as follows:
ARTICLE 1.0
SECTION 1.1 Term of Contract '
This Contract shall be for an initial term of twenty (20) years commencing
on the day of , 1994, and terminating on the day of
, 2014, unless terminated earlier as hereinafter
provided. It is expressly understood that this Contract may be extended for an
additional term of twenty years (20) by the written consent of both parties. This
Contract may be terminated for default, or may be cancelled by either party if
- 1 -
laws are enacted by the State of Minnesota or the United States of America which
V
�ubstantially and adversely affect rights, duties, or obligations of either party
i
under this�Contract.
SECTION 1.2 Contract to be Replaced
�
The Board and Mendota Heights are or will be negotiatino a new water service
contract, and when completed, this Contract shall be replaced with � new water
i
iervice contract containing, to the estent possible, the same terms, conditions
Mnd rates �s may be agreed to by and between the Board and Kendota Heights. It is
�he intent�of the parties hereto that water services provided by the Board to
�
b�oth Mendota Heights and Mendota shall be governed by identical terms, conditions
�nd rates.�In the event of a conflict between this Contract and the City of
;
Mendota Heights` A.greement with the Board, then the terms and conditions of the
City of Mendota Heights Agreement shall prevail.
SECTION 1.3 Default
t
Either' Mendota or the Board shall have the right to terminate this Contract
1
in the event that the other party fails to comply with any of the terms and
j �
�onditions of this Contract. An act of default shall include failure to pay
ciharges lawfully due the Board under the terms of this Contract an� the Board
s�hall have the right to terminate water service. Termination of this Contract
I I
and/or water service may occur only after reasonable written notice settino forth
! ;
�he act(s) of default has been submitted to the other party, and the defaulting
party shall have a reasonable opportunity to correct any condition which is cited
�
�s cause for termination of the Contract and/or water service. Notice of default
1
s.hall be in writing by certified mail to the parties at the following addresses:
{
Mendota City Clerk General Manager
P:O. Box 688 Board of FJater Commissioners
Mendota, MN 55150-0688 400 City Hall Annes �
! Saint Paul, MN 55102
t t
SECTION 1.4 Liability of Board
The Board agrees to furnish the water requirements of Mendota and its -
residents for domestic, commercial, and fire protection purposes under normal
static pressure in its mains at the points of connection by Mendota to the
Mendota Heights water distribution system. Mendota Heights agrees to permit
eYtensions into Mendota at such points as may be approved by Mendota Heights and
the Board. It is understood and agreed, however, that the Board undertakes to
supply such water only in case the pressure in its mains is sufficient to enable
it so to do, and the Board assumes no responsibility for failure to supply water
resulting from acts or conditions beyond its control.
SECTION 1.5 Indemnification
Mendota does hereby covenant and agree to indemnify, defend and save
harmless the Board, the City of Saint Paul, and all of their officers, agents,
employees and servants from any and all claims arising from or that may be
claimed to arise from the operation, maintenance, repair ar existence of
Mendota's water system.
SECTION 1.6 Effective Date of Contract
This Contract shall not be binding until it has been accepted by resolutions
of the Board of Water Commissioners of the City of Saint Paul, the Council of the
City of Saint Paul, the Council of the City of Mendota and the Council of the
City of Mendota Heights.
SEG'rION 1.7 Guarantee of Supply
The Board agrees to furnish all water requirements of Mendota under the
terms conditions and provisions of this Contract as herein provided subject to
the qualifications hereinbefore set forth.
-3-
It is� agreed by and between the parties hereto that the terms,
nd provis'ions outlined in this Contract shall be applicable only
arties he�eto and shall not afford to consumers within Mendota any
�
nterests hereunder.
ARTICLE 2.0
1
SEG'rION 2.1 Water Quality
t
The quality of water furnished to rlendota shall be the same
1
iupplied by the Board' to its other consumers and shall meet
Department�standards.
;
!
SECTION 2.2 Use of Supplemental Water Supply
No supplemental supply of water shall be connected to the i
t
system being served by the Board without the prior approval of the
This Contract shall not preclude Mendota from establishing a;
,
i
iater system to be supplied from any source approved by the Minnes�
;
of Health in areas where water supply from the Board is ii
I
conditions
between the
rights or
ted c+ater
St'ate Health
unworkable, or in such cases where a central water supply sys
clonstructed and installed for a housing development prior to the t:
�ains supplying the area with water purchased from the Board can
� �
HOwever, in no case shall there be direct connections bet�een the l
system and1other supplies, and when the Board's supply system is
i
workable, the other supply shall be discontinued.
�
SECTION 2.3 Rules and Regulations
c
.ota water
d.
ion of its
Department
ctical or
m may be
that water
bel extended.
Mendota further agrees that the use and distribution of water i
I
d's supply
tical and
Mendota,
arived from the supply furnished from the mains of Mendota Heigits and the
j
�ard, shal�l at all times be governed by rules, regulations, palicies, and
�nditions .which the Board has heretofore adopted for the City of Saint Paul, or
- 4 -
which it may hereafter adopt for said City concerning the preservation,
regulation and protection of its water supply, including water waste, water
conservation, sprinkling restrictions and water use for air conditioning -
equipment. '
Mendota agrees to enact such rules, regulations, policies, and conditions
into ordinances and make them legallv effective and binding within sixty (60)
days after the esecution of this Contract, and to enact any amendments thereto
adopted by the Board 'within thirty (30) days after being notified of such
adoption, and to adopt suitable penalties for the violation of rules,
regulations, policies and conditions, and to strictly enforce such rules,
regulations and requirements. -
SECTION 2.4 Board's Jurisdiction in Mendota
It is further agreed that the Board, through its officers, agents and
employees, shall have the same authority and jurisdiction in the enforcement of
such rules and regulations in Mendota that the Board has in the City of Saint
Paul. Further, Mendota agrees that when complaint is made to it by any of the
officers, agents or employees of the Board of a violation of the aforesaid rules
and regulations, Mendota will take immediate and effective steps to prevent the
further violation of such rules and regulations and punish the violators thereof,
and that Mendota will make it the duty of its attorney to pro�secute any
violations of such rules, regulations and ordinances upon complaint being made of
the violation thereof by the Board or by any of its officers, agents or
employees.
SECTION 2.5 Future Quality Standards
To promote and provide quality water for Mendota and the Board's service
area, both parties • recognize� the need for the operation and maintenance of all
existing water facilities, and that construction, operation and maintenance of
- 5 -
i
�
�
future water facilities may be required by the Board or Mendota to
and futur� primary water quality standards and any secondary w
standardsldeemed necessary or desirable by the Board, and that suc
are in the best interest of both parties.
�
No ujreasonable or unnecessary regulation, permit fee or time d
et present
ter quality
facilities
ay shall be
imposed upon any party by any other party which would limit or�restrict the
j
construct�on, operation and maintenance of any water facility requi
compliance with any water quality standard mentioned above.
i
SECTION 2.6 Future Operating Characteristics
�
Mendota may desire to change the operating characteristics o
;• .
system from time to time and may request different or additional c
f
the Mendota Heights system. In that event, Mendota shall pa
!associated with providing the required additional facilities.
connections to the Board's system shall be subject to Board and Men
approval and such approval shall not be arbitrarily withheld.
;
' ARTICLE 3.0
�
SEGTION 3.9 Standards
Water' mains, appurtenances, services and connections shall be
kind of materials and constructed in the same manner and unde
I �
�standards; rules and regulations as are now in effect or as may he
1
�prescribed by the Board for similar installations in the City of S
under standards acceptable to the Board.
i
to assure
its Water
ections to
all costs
Additional
ta Heights
of the same
r the same
reinafter be
�int Paul or
A review of the Board's standards, rules, regulations, policies and
�
,
�conditions as they relate to Mendota sfiall be held with representat
i �
from both�Mendota and the Board. Either party may request a review a
�
shall be scheduled at a time and place agreeable to both parties.
�
�
i .
1
;
i
- 6 -
ves present
a meeting
SECTION 3.2 Mains Constrncted by Mendota
Mendota agrees to construct or have installed, at its own expense, adequate
and suitabl� water mains and appurtenances for the distribution af water within �-
the corporate Iimits of Mendota in accordance with specifications and standards
acceptable to the Board. Pians of ail extensions t� the Mendota system cannecting
ta the Baard's water s�pgly shall be sub�itted for approval to the Board and
Mendota Heights befare adver�ising far bids, the awarding of cantracts or
beginning actual constructian.
The initial water systera and any improvements necessary to provide adequate
water service far the citi2ens within Mendota shall be considered develapment
costs necessary to providing water service and these services shall be provided
by Mendota at no expense to the Baard.
SEGTI4N 3.3 Right-of-Way Changes
Any and all expenses or costs accruing ta the water supply system in Mendata
in connection with the maintenance, reconstruction, overlaying or paving of
public streets, alleys or ri�hts-af-way due ta change of grade an such streets,
alleys rights-af-way ar any other change resuiting from actian af Mend�ta, Gounty
of Dakota or State af Minnesota as such changes affect mains, services and
appurtenances within Mendota shall be the responsibility of Mendota.
SECTIQN 3.4 Service Connec�ions
It is agreed that all service connectxans from the main to the property line
shall be instalied by the Board under rules identical with those in effect in the
City of Saint Paul or as may hereafter be modified bq the Baard multiplied by a
factar of 1.10. The charges far such service connections shall be in accordance
wzth the schedule of charges established fram time ta time by the Board. New
applications for water service connections shali be made ta and through the
Board, and each applicant shall furnish the Baard a certified street address
established by Mendota.
r
SECTION 3.5 Service Connection Guarantee
�
�The Board will, without expense to Mendota or the owner, make �
i
repairs and maintenance to that part of the service connection fron
�
the propeity line under rules identical with those in effect in the (
Paul or a� may be modified by the Board. Service connections from �
,
or a system not served by the Board's water supply shall not be guar�
;
SECTION 3.6 Piping, Fixtures, etc.
�
Mendota by the enactment of suitable rules, regulations or ori
�
require that all interior piping, fixtures, accessories, or on-premi:
any manner connected to the public water system supplied by the Boarc
i
the same materials, installed in the same manner and meet the same
j
are required for the same or similar work in the City of Saint Paul.
�
SECTION 3.7 Extensions of the System
It is agreed that Mendota shall make no extensions to its water
,
system beyond the corporation limits of Mendota without the written
�
the Board.
�
SECTION 3.8 Joint use of the System
�
Mendota agrees to permit the Board to make connections to and ha
�
of the water system owned by Mendota as may be required for extensior
�
corporate;limits of Mendota if deemed feasible and desirable by the E
detrimental to the supply within Mendota. The Board shall pay Mer
i
such use and the amount of such payment shall be negotiated by the p2
,
1
SECTION 3.9 Right to Inspect
�
�.
The Board, through its officers, agents and employees, shall h�
�
at all times to examine, inspect and test any materials or workmansh�
be used in connection with the waterworks system of Mendota and si
{
i
water by �he Board or connections thereto, for the purpose of determi
���
1 necessary
the main to
ty of Saint
ivate mains
teed.
nances must
s piping in
shall be of
tandards as
tribution
approval of
e joint use
beyond the
ard and not
ota for any
ties.
e the right
used or to
plied with
ing whether
Right to Inspect (cantinued)
or not they comply with the foregoing proviszons, and shall have the right to -
examine and inspect the materzals and warkmanshzp and �ethod of installation of
hause plumbing connecting wi�h said waterworks system far the same purpase.
Mendota shall pay �he Board the actual cos� of said inspection on neW or
replacement water main, services or appurtenance installations whenever installed
by other than the Board.
ARTICLE 4.0
SYSTEM MAINTENANCE
SEGTION 4.1 Waterworks Defined
Wa�erworks shall be defined in this Contract to include booster pump
stations, water storage tanks, distribuiian mains, service CdF1IIC.'Ct20i2Si fire
hydrants, valves, wa�er metering systems and related agpurtenances.
SEGTION 4.2 Board ta Maintai.n System
Except as hereinafter provided, the Board agrees to maintain and make
necessary repairs to the waterworlcs system of Mendo�.a supplied wi�Gh water by the
Board as de£ined in SECTION 4.1 abave and as further defined by the mast recent
revision of the Legislative Code for the Ca.ty of Saint Paul, to keep the same in
proper repair and canditi.an to prevent any waste of Water, and Mendota, further
agrees that the Board may make emergency repa3.rs to the waterworks system of
Mendota, and the cost af such maintenanee,�includi.r� s�reet repair shali be at
the sole expense of the Board.
SECTIflN 4.3 Board's 4p�ion �o Maintain or Repl.ace
The Board may elect ta replace, within riendota, any fire hydrant, service
connection and water metering sys�em where the cost of maintaining the existing
facility exceeds the cost of replacement. The same standards which apply within �
�
— 9 —
, . �
1
�
�
1
Board's Option to Maintain or Replace (continued)
!
1
�
the City of Saint Paul shall be used by the Board within Mendota
whether replacement is justified. Replacement of booster pumps, co
{stations,�tanks and distribution mains shall be considered capital
�
�and are all the responsibility of Mendota.
�
SECTION 4.4 New Mains/Maintenance by Board
i
It is further agreed by and between the parties �to this Contrac
Mendota constructs or contracts for the construction of new mains,
a
iappurtenances to be connected to the system and supplied with water
,
ipursuant to the terms, conditions, and provisions of this Contra
�
� +
•- �Board shall not be responsible for the maintenance or repairs to
;constructed additions to the water supply system until one year from
determine
trols, pump
nts
that where
rvices and
the Board
t, that the
such newly
he date the
ame have been placed in operation, or until the Board has notified �Mendota in
riting of the acceptance by it of such installation, whichever date is earlier.
,
SECTION 4.5 Board's Right to use of Streets
1
Mendota does hereby grant the Board free and uninterrupted use of ail public
�
horoughfares, alleys or public easements of Mendota as may be reasonably
ecessary for use of the Board in construction or maintenance of the water system
ithin the corporate limits of Mendota, and Mendota does hereby agree�through its
partmental agencies to cooperate to the fullest estent in the prote�
ins, appurtenances and excavations or barricades that may be nece:
rk perf �rmed by the Board. �
,
! ARTICLE 5.0
METERS AND RELATED SERVICES
SECTION 5.1 Board to Furnish Meters
i
The Board shall furnish, install and retain title to all
�
I
Ition of any
>sary to the
customers' meters
ith full �responsibility for maintenance of same in accordance�with rules and
;
egulations in effect in Saint Paul.
i
�
SECTION 5.2 Billing and Collection
The Board shall assume full responsibility for the expense of reading
meters, billing and collection of accounts.
� SECTION 5.3 Water Surcharge
Mendota Heights has established a water surcharge equal to ten percent (10%)
of the charge imposed for water supplied to properties within or without the City
of Mendota Heights. Mendota and Mendota Heights have entered into an agreement
whereby the parties stipulate that water service connections within Mendota shall
be subject to the same water surcharge as paid by Mendota Heights` residents.
.. The Board will collect the water surcharge from customers within Mendota
and, on behalf of Mendota, will remit payment to Mendota Heights. The Board Will
pay costs relative to the programming and set-up costs necessary to implement the
optional billing and collection system for which Mendota will pay the Board a
monthly payment equal to two (2) percent of the total monthly collections.
The Board will send a monthly payment to Mendota Heights equal to the amount
of collections received during the month (less the two (2) percent for billing
and collection) on or before the 15th day of the following month.
SECTION 5.4 Optional Billing and Collection Services
The Board will provide billing and collection services for other functions
performed by Mendota (for example: sewer, storm water and refuse) if Mendota
desires such services from the Board. Such services shall be provided only for
properties being provided with water service by the Board.
The Board will pay costs relative to the programming and set-up costs
necessary to implement the optional billing and collection system for which
Mendota will pay the Board a monthly payment equal to two (2) percent of the -
total monthly collections.
�
The Board will send a monthly payment to Mendota equal to t
i
collections received during the month (less two (2) percent for
collection) on or before the 15th day of the following month.
' � ARTICLE 6.0
�
� WATER RATES
SECTION 6.1 Consumption Rates
The Charges and rates to Mendota consumers shall be
�
those
amount of
billing and
ter rates
charged within the City of Saint Paul multiplied by a factor of 1.20. Surcharge
1
rates charged to Saint Paul customers shall not be considered in Idetermining
1
`water rates for consumers in Mendota. The multiplier of 1.20 shall
f �
�the current and any future water rate structure which the Board
I
`approved by the City Council of the City of Saint Paul.
ARTICLE 7.0
PROTECTION SERVICE AND HYDRANT IISE
a
SECTION 7.1 Hydrants
�
Hydrant use for purposes other than firefiohting by !tendota shal]
,
to the same rules and regulations applied by the Board in the City of
�
SECTION 7.2 Inspection of Hydrants
An annual inspection of all hydrants located in Mendota will be c
oard crews. Repair and maintenance work required on hydrants in Men
onducted in the same manner as work conducted in the City of Saint P
a
SECTION 7.3 Hydrant Nozzle Threads
�
�
Mendota may elect to install fire hydrants with Saint Paul stand
es or�National Standard threaded nozzles. The Board will r
{
ain e'ither type of hydrant.
,
if
1
I
i .
;
- 12 -
applied to
ts and is
be subject
Saint Paul.
onducted by
ota will be
ul.
rd threaded
ognize and
STCTION 7. �+ Paintir�g of iIydran�s
Saint Paul standard thread hydrants shall be gainted red with a yellaw
re£lectorized bonnei. National standard thread hydrants shall be all yellow.
Hydrant caps shall be painted according to the color code used by :iendota
Heights. Mendota shall establish a program for repainting hydrants at intervals
of no less than ten (10) years, and the repaintxng shall be according to �fendota
standards.
�
- 13 -
'�1
;�
a,
,
Mendota Heights Police Department
r MEMORANDUM •
September 28, 1994 , , � � � . �
� . .-
TO: Mayor, City Council, City Adminis
FROM: Police Chief Dennis Delmont
, -
SUBJECT: niform rfew f r uvenil ,. ,• ,
I `
HISTORY _ , . ,
The law��enforcement community, joined by several other disciplines, lobbied for a:
component in the juvenile justice bill this past legislative session. The result was a�
allows Counties to enact "County-wide" curfews. The overall goal of those concer.
enable the metro area to develop a uniforin curfew system that would discourage ki�
congregating in the communides with the least prohibitive ordinances:
DISCUSSION
The Dakota County Attorney worked with other members of the County Attorneys
draft a model law that would serve our purpose, That model is attached to this me�
County Board passed a resolution seeking local support, in the form of a resolutia
Couniyv�ide effort.
.. �,
��
transmit
agrees with the law enforcement community's contention that a consisten�
� curfew would be an effective crime prevention tool, they are then asked �
attached resolution of support.
M Equal OpportuNry Employer
j !
F..
venile curfew
�ovision that
;d was to
� from
. . �� � F
i
ssociation to
�. Tlie Dakota
for the .
,
�
�
, i
and � '
o approve and
I
J
�
September 20, 1994
Page 2
supporting this effort. Please forward such a resolution to Andrea
White of my office at 1560 West Highway 55, Hastings, MN. 55033, if
you have not already done so. A sample resolution for your
consideration is attached. If you have any questions, you can reach
�i Andrea at 438-4462.
.; .
�i ; Thank you.
�� .
E% Sincerely,
r � C ��.I���,
� �
�
JAMES C. BACKSTROM
DAKOTA COUNTY ATTORNEY .
AGW/dc
�Enclosure
�cc: Poli:ce Chief, City of Mendota Heights
� Dakota County Sheriff
', , Dakota County Administrator .
Don Gudmundson, President, Dakota County Police Chiefs'
, Association
L/C94-88B
; COMPARISON OF DRAFT
� HENNEPIN AND DAROTA COIINTY ORDINANCES
i
,
I
The Dakota County Attorney's Office has been provided a
p�oposed Hennepin County Juvenile Curfew Ordinance.
The draft Hennepin County and Dakota County Ord
substantially the same. Set forth below is a summary
differences between them.
1
Dakota Ordinance
�
Under 17
Hennet�in Ordinance
Under 15
,
15 and 16
, the Hennepin County
r 15 be "in" one hour
of the week.
. ,
TIME
Sunday through Thursday
11:00 p.m. to 5:00 a.m.
of
of the
are
major
Saturday and Sunday
12:01 a.m.(midnight) until 5:00 a.m.
Sunday through Thursday
10:00 p.m. until 5:00 a.m.
the following day
Friday and Saturday
11:00 p.m. to 5:00 a.m.
Sunday through Thursday
11:00 p.m. to 5:00 a.m.
Saturday and Sunday
12:01 a.m. to 5:00 a.m.
Ordinance would require that �juveniYes
earlier than 15 and 16 year olds, every
Dakota County's Ordinance makes it unlawful for any person
a�place of amusement or refreshment to knowingly permit a
be present during curfew hours. Hennepin County's
excludes employees from this section and instead only pz
can be found in violation. If the proprietor is not preser
of, the violation notice is left with an employee and a cc
ori the proprietor personally or by mail.
Tie Hennep�in County Ordinance also includes a new "defense"
proprietor or employee reasonably and in good faith reli�
juvenile's representations of age. This section of the
Ordinance 'goes on to state that proof of age may be e�
Aana 1
erating
i�`r�or to
prietors
, a copy
y served
that the
i upon a _
Hennepin
ablished
pursuant to Minn. Stat. § 340A.503, subd.
other verifiable means, including, but
identificatian cards and birth certificates.
Homele�s Children
6 �3iquar statute], or
not limited to, schoo].
Although the Hennepin County t7rdinance does aot list hameless
children as exceptions to the cur£ew ordinance, this office has been
told that it is nat that County's intent to prasecute homeless
children under this Ordinance, Hennepin Caunty apparently had its
own internal reasans :�or not �pecifically listing this exception.
Minors travellinQ to and from work
Hennepin County's Ordinance, like Dakota County, exempts from their
ordinance, legally employed minors travelling to and from work. The
Dakota County Ordinance places a 45 m�inu.te �im� limitation on this
travel time. Hennepin County's Ordinance places no time
restrictions.
"Eni'arcement
Dakota County's �rdinance contains a sectian antitled "Enforcemeat"
which provides that before takinq any eniorcement action, an officer
shall ask the apparent offender's age and reason for being in a
public place, to d.etermine whether an e�ception ta the ardinance is
applicable. Hennepin Caunty does not have this section. This
Office has been tald that Hennepin County did not include this,
although it is expected ta be part o� the officer's "prabable cause'"
determination before making an arrest. Hennepin Caunty will include
this in police training dealing with this Ordinance.
MD/C94-88C
Page 2
TO:
• �• i • ' ��
September 30, 1994
Mayor, City Conncil and City Administrator
Kathleen M. Swanson, City Cler}���
��
Halloween Bonfire
DIS+GUSSION:
Russ Wahl has once again asked for permission to conduct the annual
Banf`ue. In past years, the City has pmvided funds to support the cost of hot
has asked that Council authorize $350 for the 1994 Bonfire.
In addition to the efforts af Russ, his wife Marilyn and members of the V
Department garti.cipate in the 1994 Bonfire.
RECU11rIlVIENI}ATIQN:
I mcommend that Russ Wahi be authar�ized to conduct the annual I�allo`
October 31, 1994 between the hours a:f 7:00 P.M. and 9:00 P.M., that a$350
cantribution be aathoriz�d and that local businesses be allawed to participate in
subject to approval by Russ.
ACTION REOLfutF.D•
If Council concurs in the recommendation it shauld move to authaxize Ru;
conduct the annual Halloween Bonfu�e, ta authorize a$350 City Contribution ta t'
and to allow local businesses to participate in the activity, subject to approval by :
etc. Russ
Fire
:i� - •
activity
► Wahl to
e acti.vity,
:uss Wahl.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION
SEPTEMBER 27, 1994
The regular meeting of the Mendota Heights Planning Comm:
held on Tuesday, September 27, 1994, in the City Hal
Chambers, 1101 Victoria Curve. The meeting was called tc
7:40 o'clock P.M. The following members were preseni
Frie1, Betlej, Dwyer, Hunter, Duggan and Tilsen. Also prE
Public Works Director Jim Danielson, Planning Consultant�
Administrative Assistant Kevin Batchelder and Senior Sec�
Blaeser.
APPROVAL OF MINUTES
�
Commissioner Duggan moved
minutes with corrections.
Commissioner Friel seconded
AYES: 6
NAYS: 0
ABSTAIN: 1, DWYER
to approve
the motion.
CASFs N0. 94-24:
KERN - WETLANDS PERMIT AND VARIANCE
�sion was
Council
order at
Koll,
tent were
�hn Uban,
:tary Kim
the August �23,
Mr. Kerry Kern was present to discuss his pro
construct a new home at 531 Marie Avenue. Cha
explained that at the August Planning Commission meei
Kern's proposal included filling approximately 972 sq
of wetlands. Dwyer explained that since the August�
Mr. Kern has more accurately located the wetlands
flags placed by Dakota Soil and Water Conservation ]
He further explained that Mr. Kern has also added a1
deck and storage shed to his plan. Dwyer explained+
shed is in excess of 144 square feet and the size wi�
have to be reduced or a variance granted. He�
explained that the deck is shown at twenty-three feE
from the wetlands and the shed at ten feet (10')�
wetlands.
Mr. Kern explained that he has measured the flags de
wetlands boundary. He stated that in revising his
he realized that he no longer needs to fill the wet
stated that he will be locating the house ten feet
1994
�osal to
Lr Dwyer
;ing, Mr.
xare feet
meeting,
boundary
iistrict.
proposed
that the
.l either
further
;t (23' 0)
f rom the
frining the
si.te plan,
�ds . He
oser to
nt yard
Marie Avenue. He stated he is also requesting a f
setback variance.
f r
Planning Commission
September 27, 1994
Page 2
Commissioner Hunter inquired if the Planning Commission will
be considering a variance for the accessory structure at the
same time as the front yard setback variance. Mr. Rern stated
that he has not decided upon the size of the accessory
structure.
Chair Dwyer stated that the applicant should process the
variance for an accessory structure at another time as the
hardship, size of structure and location to the wetlands needs
to be ident�.fied in order for the Commission to properly
review the request. � _
Commissioner Friel stated that this lot existed prior to
existing zoning regulations and that this lot would not have
been platted under current wetlands regulations.
Commissioner Friel moved to recommend that the City Council
�� grant a ten foot (10') front yard setback variance and that a
wetlands permit allowing the construction of a single family
home twenty-three feet (23') from the wetlands as proposed on
the revised plans dated September 27, 1994.
Commissioner Friel further stated that with the granting of
this variance, a precedence will not be established as this
lot was platted prior to current zoning regulations.
Commissioner Koll seconded the motion.
Commissioner IColl suggested that Mr. Kern consider adding to
the garage and not building an accessory structure.
In response to an inquiry from Commissioner Tilsen, Planner
Uban stated that a wetlands permit delineates a specific
setback and that if an addition does not move closer to the
wetlands, then a wetlands permit is not required. He stated
that the City Council had interpreted dif ferently in the past .
Commissioner Duggan offered a friendly amendment requiring
that a ailt fence be in place during construction of the home.
Chair Dwyer stated that the City Engineer will inform the
applicant on the proper silt fence ma.terial.
Commissioner Friel accepted the friendly amendment.
AYES: 7
NAYS: 0
Planning Commission
September 27, 1994
Page 3
CASE N0. 94-22
OLSEN (LENTSCH) - �
WETLANDS PERMIT
� i
Mr. David Olsen, owner of Lot 6, Block 1, Mendota Wc
' present to discuss his request to construct a sing]
� home within the 100 foot required setback from the dE
wetlands.
;
�oas , was
e family
;signated
Chair Dwyer explained that Mr. Olsen is proposing to locate
the house fifty-one feet (51' ) from the pond. He further -
� stated that Mr. Olsen has also included a patio design. Mr.
Olsen stated that he had met with the City Engineerland that
he revised the grading plan.
Commissioner Tilsen inquired
trees saved. He noted that Mr.
several trees already dead.
if there could still� be more
Olsen indicated that there are
In response to a question from Commissioner Hunter
Uban stated the.impact on the wetlands is reasona
further stated that the house is not cuatomized t<
terrain. He stated that the oak trees along edg
property facing the wetlands have been retained. Ub
that Mr. Olsen is proposing to install retaining wa
will help retain the character of the land.
In response to a question from Commissioner Friel, l
stated that Mr. Lentsch has asked for a snow storage
and that he will not grant Mr. Lentsch an easement.
that there are several oak trees along the edgE
property and that he is concerned that they will be
not only by snow storage, but also with the constr�
Lot 7's driveway. Public Works Director Danielson st
snow should be stored on Lot 7 and not Lot 6 and
Lentsch should develop a plan with slopes protec
Olsen's trees.
Planner
�le. He
f it the
: of the
.n stated
ls which
[r. Olsen
easement
ie stated
of his
dama.ged,
ction of
ited that
that N!r .
tinct Mr.
Commissioner Koll stated that she is disappointed�with the
loss of trees due to the design of a single story house.
Chair Dwyer moved to recommend that City Council
wetlands permit to allow construction of a single fa
to within f if ty- one f eet ( 51' ) of the wetlands, as pz
the revised grading/site plan dated September 14, 1
Commissioner Hunter seconded the motion.
�
grant a
nily home
�posed on
►94.
Planning Commission
September 27, 1994
Page 4
Commissioner Friel stated that under today's existing
ordinances, this lot would not have been platted.
AYES: 7
NAYS: 0
CASE NO. 94-29:
BANGASSER -
VAR.IANCE
Mr. Chuck Bangasser, of 2223 Copperfield Drive, was present to -
discuss his request for a two foot side yard setback variance
which would allow the construction of a third garage stall
addition to his home.
Mr. Bangasser stated that one neighbor expressed their concern
about the addition blocking their view of the pond from their
" bedroom window. Mr. Bangasser stated that person did sign the
signature of consent form.
Chair Dwyer stated all signatures of consent had been
received.
Chair Dwyer moved to waive the public hearing.
Commissioner Duggan seconded the motion.
AYES: 7
NAYS: 0
Chair Dwyer noted that the applicant is requesting a third
garage for an additional vehicle which would then remove a car
off of the street.
Commissioner Tilsen stated that rarely is a variance the best
course and that all avenues should be investigated. He stated
that it may be better to purchase two feet of neighbor's
property which would avoid the variance procedure. He stated
staff should look into this possibility. Mr. Bangasser stated
that his neighbor would not be likely to sell two feet of his
property. He further stated that his proposal will not be
affecting a crab apple tree and hedge.
Commissioner Friel stated that this is a minimal request for
a variance. He noted that there are several homes in
Copperfield with two stall garages and that this request for
a variance ma.y be setting a precedent . He further stated that
removing a vehicle off of the street is not considered a
hardship.
I
I
.I
� Planning Commission
, September 27, 1994
Page 5
Commissioner Duggan moved to recommend that the City Council
grant a two foot (2') side yard setback variance which would
allow the construction of a third stall garage addit�ion.
Commissioner Hunter seconded the motion. �
AYES: 7
NAYS: 0
i
I
CASE N0: 94-27:
MARCHIO —
FFsNCF HEIGHT VARIANCE
Mr. Anthony Marchio, of 2477 Stockbridge Road, was pz
discuss his request for a fence height variance whi
allow the construction of a five foot fence on his thz
which backs up to Mendota Heights Road.
�
Chair Dwyer stated that because Mr. Ma.rchio's lot is a
lot, his backyard is deemed a front yard thus requi
Marchio to� apply for a fence height variance as City 0
allows only a thirty-six inch (36") high fence in t
yard.
In response to a question from Chair Dwyer, Mr. Marchi
that covenants of his neighborhood requires him to c
a wood fence. He stated he would like the wood fen
either four feet (4') or five feet (5') high. He e
that there is a berm of 152 feet in length which is le
Mendota Heights Road. He stated that 1/2 of that
located in his backyard. He noted that the homes ba
to Mendota Heights Road all have a full berm. He e.
that if the fence is placed along the berm side, he w
backyard space, therefore, he is requesting that the
placed outside of the berm. He further stated that
plant shrubbery but that he is unclear as to what
landscaping ahould be completed.
:nt to
would
�h lot
through
ing Mr.
dinance
e f ront
> stated
�nstruct
e to be
plained
�el with
berm is
king up
plained
11 lose
'ence be
e could
pecific
Commissioner Tilsen inquired if Mr. Marchio would be
ma.intaining the lawn between the fence and the walkway. Mr.
; Ma.rchio responded that he already maintains the lawnlbetween
the berm and the walkway. Tilsen stated that landscaping
; should be installed to help break up the fence area. He
further noted concern of noise bouncing off of the' wooden
, fence. He suggested that Mr. Marchio could incorporate the
fence with the berm and that it be thirty percent (�30�) to
fifty percent (50�) open. �
;
, �
Planning Commission
September 27, 1994
Page 6
Commissioner Hunter inquired about how high a fence should be
in this area. Planner Uban stated that a four foot (4') high
fence is suggested to help prevent a wall appearance. He
stated that a low, decorative fence would be more appealing as
there is a front yard appearance. He further stated that some
plantings could be installed to help break up the linear
effect. He stated that shrubs would grow quickly and that
they will soften the appearance. Chair Dwyer suggested that
evergreens be considered as their appearance is attractive -�
during winter months.
In response to a question from Commissioner Betlej, Public
Works Director Danielson stated that the dotted line, as shown
on the site plan, is the platted drainage easement.
In response to a question from Commissioner Betlej, Mr.
Marchio stated that a neighbor has a four foot (4') fence and
that he would like a fence similar to his neighbor's. He
stated that a three foot (3') fence is not high enough. He
stated that he has a small child and that his wife is
considering operating a daycare. He stated a fence would help
provide security and protection. Marchio further stated that
Centex had informed him that there would be no problem
installing a fence.
Commissioner Friel stated that the City is apply front yard
fence standards to side yards on corner lots and to rear yards
on through lots. Administrative Assistant Batchelder stated
that prior to the Zoning Ordinance Amendment in 1991, a fence
along a front yard was treated as a Minor Conditional Use
Permit. Batchelder stated that in 1991 it was felt this was
too big of a burden for residents desiring fences and it was
amended to require a variance application. Batchelder stated
that in 1991, at the time of the Zoning Ordinance Amendments,
there was a consensus that fences in front yards and along
streets or thoroughfares should be regulated.
Commissioner Friel suggested that the City should have a
distinct fence permit or consideration process separate from
a variance procedures.
In response to a question from Commissioner Koll, Public Works
Director Danielson stated there is eight feet (8') between the
path and Mr. Marchio's property. Commissioner Koll stated
that she would like to see a four foot (4' ) fence. Chair
Dwyer stated that the fence would be installed on the property
line.
Planning Commission
September 27, 1994
Page 7
Commissioner Tilsen noted his concerns for setting p�
with other residents along Mendota Heights Road w�
install fences.
i
Commissioner Friel moved to recommend that the Cit�
grant a fence height variance to allow a four foot
fence at a setback to be recommended by the Enc
Department with the landscape screening to be requi�
Mendota Heights Road.
Commissioner.Duggan seconded the motion.
AYES: 7
NAYS: 0
CASE NO�. 94-28:
MICKENS -
VARIANCE
.. F
cedence
�inct to
Council
4') wood
ineering
ed along
� Mr. and Mrs. David Mickens, of 1875 South Lexingtori Avenue,
; were present to discuss their request for a front yard setback
variance which would allow the construction of a garage; three
season porch, deck, front entry and dining room addition.
Chair Dwyer stated that signatures of consent
received.
Chair Dwyer moved to waive the public hearing.
Commissioner Duggan seconded the motion.
AYES: 7
NAYS: 0
Mr. Mickens stated that the home is currently
garage. He stated that there are several trees whi
be impacted with the addition of the garage.
been
ithout a
Cwill not
In response to a question from Commissioner Betlej,� Planner
Uban stated the property is zoned R-1 and a thirty foot front
yard setback is required. �
Commissioner Roll moved to recommend that City Council grant
� a� front yard setback variance which would allow the
' construction of a garage, three season porch, deck, front
, entry and dining room addition, as proposed.
Commissioner Hunter seconded the motion.
AYES: 7
NAYS: 0
t
�
Planning Commission
September 27, 1994
Page 8
CASE NO. 94-30:
FISCHER -
WETLANDS PERMIT
Ms. Lois Ring, owner of Lot 9, Block 3, Rolling Green Addition
(1830 Rolling Green Curve) , was present to discuss her request
for a wetlands permit which would allow the construction of a
single family home on the last remaining lot in Rolling Green
Addition.
Ms . Ring stated that the location of the proposed house is
aligned with the house on the left side of her property. She
further stated that the street curves and that is why there is
a thirty foot setback for the placement of the house on the
right side. She stated they would like to leave the lot as
natural as possible.
Chair Dwyer inquired if the house could be moved closer to
Rolling Green Curve. Ms. Ring stated that the house has been
placed as far forward as they can get it and that they are
trying to maintain its natural terrain. She stated further
that a significant amount of excavation would be needed if the
house was c3oser to the road.
Commissioner Koll stated there will be some trees removed and
she inquired about the deck location. Ms. Ring stated that
the home will be located fifty-eight feet (58') from the
wetlands and the deck will be sixty feet (60') from the
wetlands. Commissioner Tilsen stated that according to the
elevations, the house could be moved closer to the road.
Commissioner Tilsen stated that the house could be pivoted
closer to the road which would move the house further away
from the pond.
Commissioner Tilsen stated that a silt fence will be placed
between the inlet pipe and the pond and that it should be
moved closer to the easement line. Commissioner Tilsen stated
that there is no huge different with the terrain and that the
home could be five feet (5') closer to the road.
Chair Dwyer stated that all signatures of consent had been
received.
Chair Dwyer moved to waive the public hearing.
Commissioner Hunter seconded the motion.
AYES: 7
NAYS: 0
�
� I
i�
Planning Commission
: September 27, 1994
' � Page 9
�
Commissioner Duggan moved to recommend that the Cit
grant the wetlands permit which would allow the cor
of� a single family home on Lot 9, Block 3, Roll
Addition, as proposed.
Commissioner Friel seconded the motion.
AYES: 7
NAYS: 0
�
Chair Dwyer called a recess at 9:05 o'clock P.M.
�
, �
; Chair Dwyer reconvened the meeting at 9:12 o'clock
i j
HEARING:
CASE NO. 94-26:
CROMBIE:
SUBDIVISION/LOT SPLIT
Council
truction
Zcr Green
�5�
Mr. Brian Crombie, owner, and Mr. Bruce Folz, land surveyor,
were present to discuss Mr. Crombie's request to spl�it a lot
located at 1575 Wachtler Avenue. �
Mr. Folz explained that the lot was originally assessed for
two lots and that both lots will be served with utilities. He
further stated that splitting the lot would not be a'problem
and that the ordinance requires replatting of the ne� lot.
Mr. Folz explained that Mr. Crombie has agreed to dedicate
fifty feet (50') of right-of-way for County Road. Mr. Folz
stated that with the construction of Park Place Drive a ten
foot (10') wide catch basin was installed. He explained that
that pipe was extended and filled without City permission and
now Mr. Crombie is requesting that the City acquire a public
easement for drainage in the location where the extended pipe
exists. Mr. Folz stated the lot was assessed for storm sewer
and should have access. �
In reaponse to a question from Commissioner Tilsen, ]
stated that Parcel A will consist of 16,252 square fee
the fifty foot (50' ) ri.ght-of-way dedication) and ]
will consist of 18,753 square feet.
i
f
In response to a question from Commissioner Tilsen, ]
stated that the City owns seven foot (7') easement al
Place Drive.
Mr.�Folz stated that the sheds will be demolished.
. Folz
(after
=ce1 B
. Folz
� Park
Planning Commission
September 27, 1994
Page 10
Commissioner Duggan inquired if Mr. Crombie has reviewed Mr.
Evenson's, owner of the lot adjacent to Mr. Crombie, letter.
Mr. Crombie stated yes. Commissioner Duggan noted Mr.
Evenson's concern for the loss of trees.
Commissioner Duggan inquired if Mr. Crombie has received a
copy of the Park Place Covenant. Mr. Folz responded that Mr.
Crombie's lot is not a part of the Park Place development.
In response .to a question from Chair Dwyer, Mr. Folz stated
that a five foot (5') variance is needed for the existing -
house along Wachtler. Planner Uban briefly explained why a
variance is needed because the City's request for roadway
right-of-way will place it in non-conforming status.
In response to a question from the Commission, Public Works
Director Danielson stated that Mr. Evenson received permission
to connect about fifty-seven feet (57') of drainage pipe to
the City drainage outlet on his property so that he could fill
the back portion of his lot. He explained that the purpose of
this extension was to help drain water from the street. Mr.
Folz presented drainage easement document No. 793315 to the
Commission.
In response to a question from Commissioner Koll, Mr. Folz
stated there is a natural tree barrier which will help prevent
car lights off of Park Place.
Chair Dwyer opened the meeting to the public.
Mr. Mike Evenson, 1572 Boardwalk Court, stated he has not seen
updated plans. Chair Dwyer stated that the Commission has
received his letter dated September 11, 1994. Mr. Evenson
noted his concerns for increased drainage with the
construction of a new house. He requested that the new house
site drain to the street and not to the storm water pipe. He
further stated that the Subdivision Ordinance requires that an
applicant submit a grading document. He stated that Mr.
Crombie has not submitted a grading plan. Chair Dwyer
responded that those particular documents are usually required
when creating a subdivision. Planner Uban explained that all
utilities and streets are in place and that this is merely a
simple lot split. Chair Dwyer stated that the building permit
process requires the submission of a final grading plan.
Planner Uban agreed and stated that the grading plan should be
reviewed for erosion control and that the drainage is directed
towards the public storm system. Mr. Evenson responded that
he wanted his drainage concerns addressed now instead of after
the fact.
�
Planning Commission
September 27, 1994
Page 11
Mr. Evenson stated he would like to see an aest]
pleasing house constructed as he is concerned for
value. He stated he would like to see a house co�
consistent with the Park Place Addition. Commission�
� stated that the City Council cannot dictate �
aesthetics of a home. Mr. Evenson stated that he
' monitoring the building process.
�
' Commissioner Duggan moved to close the public hearii
� Commissioner.Tilsen seconded the motion.
AYES: 7
NAYS: 0
, �
Commissioner Duggan moved to recommend that
grant the lot split conditioned upon:
i.i The City acquiring a drainage easement
2.� A park dedication fee be collected.
Chair Dwyer seconded the motion.
:tically
�roperty
;tructed
: Duggan
�lue or
will be
f-
the Citv� Council
Commissioner Friel offered a friendly amendment recoi
the acquisition of an easement with Mr. Evenson to inc�
, extended drainage pipe and to grant a five foot (5'
yard setback variance.
Commissioner Duggan accepted the friendly amendment.
'AYES: 7
�NAYS: 0
CONTINUED HEARING:
CASE NO. 94-16:
LENTSCH -
VARIANCE AND WETLANDS PERMIT
Mr. Bill Lentsch was present to discuss his request fc
foot (5') driveway setback variance and a wetlands p
construct a driveway to within twelve feet (12'
wetlands.
, Mr.� Lentsch submitted revised plans to the Commiss:
address concerns raised by the Planning Commission:
� �
1., Vehicular guardrail or post construction in the
� � of the retaining wall.
' 2. Driveway landing area outside the garage.
3. � Quantification of vegetation loss.
4. Landscape plan preparation.
Lude the
) f ront
a f ive
mit to
of a
which
inity
Planning Commission
September 27, 1994
Page 12
Mr. Lentsch explained that the plan does not address the
vehicular turn around bay outside the garage. He further
stated that he was unable to receive a snow storage easement
on Lot 6. He stated that Mr. David Olsen, owner of Lot 6, is
concerned about the loss of trees. Mr. Lentsch stated snow
can be swept to the east side of the property and that there
is some room to the west. Planner Uban confirmed there is
adequate space to store snow. He noted the grade is adequate .
Planner Uban� stated that Mr. Lentsch needs only a Wetlands
Permit and that he is now proposing to�construct retaining
walls instead of filling the wetlands.
Commissioner Tilsen stated that Mr. Lentsch has submitted a
much improved plan. He stated that the retaining wall could
be moved closer to Arbor Court to save some filling.
Commiasioner Duggan inquired who will be constructing the
'� driveway. Mr. Lentsch responded that he does not have that
information with him. Duggan atated that the engineering
staff will have to enforce the plan to make sure it is done
according to the plan. He further stated that the engineering
staff should ensure that steps are being taken in protecting
the trees.
Chair Dwyer inquired about fire service. Mr. Lentsch
responded that the development meets fire code standards.
Chair Dwyer opened the meeting to the public.
There was no one present to discuss this request.
Commissioner Duggan moved to close the public hearing.
Commissioner Hunter seconded the motion.
AYES: 7
NAYS: 0
Commissioner Friel moved to recommend that the City Council
grant a wetlands permit according to the revised, September
26, 1994 grading plan. Commissioner Friel noted that under
the existing city ordinances, this lot would not have been
platted.
Commissioner Duggan seconded the motion.
Mr. Olsen, owner of Lot 6, noted his concern for his trees
along his property line which could be impacted with the
Planning Commission
September 27, 1994
Page 13
construction of the driveway. He inquired if this ar
be fenced during construction. Commissioner Friel ;
that Mr. Olsen have the trees trimmed during the v
help reduce stress from construction. Commissione
; stated that a temporary fence may be helpful.
;
AYES: 7
NAYS: 0
CONTINUED HEARING.:
CASE NO. 94-25:
MENDOTA HOMES
REZONING, CUP FOR PUD
As,per the applicant's request, Commissioner Duggan
continue the public hearing to October 25, 1994
o'cloCk P.M.
Commissioner Friel seconded the motion.
should
�gested
ter to
Tilsen
noved to
at 8:30
Commissioner Duggan asked that staff review the number of
employees the daycare facility has indicated. He asked that
the parking situation be reviewed and that the traffi�c impact
on Mendota Heights Road be'reviewed. �
Commissioner Duggan further stated that if the appli
submitted the appropriate information by the October
staff should recommend continuance.
DISCUSS ORDINANCE REVISIONS:
DETACHED GARAGES AND STADIUMS
IN R-1
As per staff's recommendation, this discussion was c
to October 25, 1994. .
DISCUSS CITY COUNCIL REVIEW
OF CAR.LSON VARIANCE
Commissioner Duggan explained that he had watched t
Council meeting where the Carlson's were reviewin
request for a variance. He stated several accusatic
made that the Planning Commission does not do its home
that the Planning Commission does not visit the sites .
suggested that when the Planning Commission recommend
of a request, perhaps a Commission member should be pr
remind City Council what actually transpired dur
Commission meeting.
t has
ting,
inued
e City
their
s were
�rk and
Duggan
denial
��ent to
�cr the
Planning Commission
September 27, 1994
Page 14
Commissioner Friel stated that staff is present during these
reviews and that the City Council has the benefit of reviewing
the Planning Commission minutes.
��_ �.= � �:7
Public Works Director Danielson informed the Commission of
City Council action on previous planning cases.
ADJOURNMENT
There being no further business, the Planning Commission moved
to adjourn its meeting at 10:12 o'clock P.M.
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary
�
CITY OF MENDOTA HEIGHTS
�� �
; S�ptember 29, 1994
E'
TO: Ma.yor, City Council and City Admini��
FROM: Richard Gill, Code Enforcement Officer
SUBJECT: Replacement of Code Enforcement Vehicle
BACKGROUND:
I currently drive a 1990 Chevrolet Caprice that was previously a squad ca
has required extensive repairs in the past and is currently in need of major repair.
currently has 86,000 mil�s on the odometer, not counting the many hours the veh
idling as a squad car. In addition to its poor fuel economy, its faded paint and ru
needs a new exhaust system, transmission work and extensive engine work. (Est.
$1900t).
I was going to replace the car in 1995 and assumed its replacement would
used squad car. After discussion at the Council's budget workshop and some rese
maintenance costs involved, it was suggested that I look for a more economical la
rental retum vehicle.
DISCUSSION•
Rental return vehicles are now being auctioned to dealers instead of being
public. I priced seven '93 and '94 midsized sedans with about 20,000 miles from
Prices ranged from $11,950 to $14,495 for Chev. Luminas, Buick Centuries, Old;
Pontiac Grand Prix's. Trade in allowance for the present car ranged from $700.0+
$2,000.00. The lowest net price was offered by Grossman Chevrolet in Burnsvill�
offered a Grey '93 Pontiac Grand Prix, 4 door for $11,950 and allowed $2,0{}0 fo
price with tax and transfer fees is $10, 621.75.
Since I expected to get the use of an old squad car, no money was budgete�
purchase.' The sale of the o1d squad cars allows the use of $5,0{}0 for this purpose
to Treasurer, Larry Shaughnessy, the City has already received p�rmit fees in exc�
pmjected revenue for 1994, and those and future 1994 funds could be used for the
the purchase price.
RECOMIVV�ENllATION:
I recommend that the City replace the '90 Caprice with a'93 Pontiac Gr
the price of $11,950 and accept the trade in offer of $2,000 from Grossman Che�
net totai cost with tax and transfer fees would be $10,621.75.
;
ACTION REQUIRED:
If council desires to implement the above recommendation it should pass
authorizing the City to issue a purchase order to Grossman Chevrolet for $10,62
purchase a 1993 Pontiac Grand Prix to replace the current 1990 Chevrolet Capric
Enforcement vehicle.
�
,
i,
;
. The car
The vehicle
;1e spent
ed body, it
another
ch of
model
old to the
�rea dealers.
Cieras and
to
They
trade. Net
'. for this
According
ss of
balance of
Prix for
�t. The
motion
.75 to
Code
i
ILIST OF CONTRACTORS TO BE APPROVED BY CITY
I
. Oetober 5, 1994
i
Excavation Coatractor License
Trentroy Corporation
General Contractors License
Jalco Construction Co., Inc.
Petroleum Ma.intenance
Gas Pipiag Coatractor License
Dick Lind Co.
HVAC Contractors License
Palen-Kimball Co.
i �
i • . . t
Octaber 4, I994 .
�' `_; � TO: Magor e�nd City Councatl • -
5;���
' CLAIMS LIST SUMMARY:
TotaX Cl�;mc
. ' �,. ' >:��: 183,857
.:; ;;;,, ;'1; y ��`i� '•�i"' . . ' . .. ' . . '
��J.: .t:� "��` ..
, ` ?,: � ':
� ."SY . ... � �; , :L�... ; . � ' . • ' .. S�9n.ificant CIaims
. : „i;r ��''
_ ,. . Med Centers heaith insurance 12,642
• . "" ' ' ' ' MWCC sewer svc/sac chgs 63,114
.. • �,: , . . � NSP utilities 3,756
. . . • , • �
, , • . _ . , ' . , . �r'. . ' • . . . ... .. . ; , . �.'��� UnusuaZ Clan�mc
� � y , i Biiuminous Roadways garking iot expansion 5,614
.• - � ' Dakata County last Ij2 real est tax Menda�ota 6,868
` �•, • � � ISD 197 City share park mtcn 3,624
�€;'� � Struck & irwfn sea] coat 49,684
.,•; •_,;�;,�� ��r> _:�:;:�:;,:,.; .z�,;` �,; ,�;;> ra; •�r{;�7. �:,:, ,<,;; ��. :r:;.'• Imrterial Devi ihdustrial ark im ravements 68,799
i'r.;i.i,�:�,..�.it,:v^i:5i�*:::;�c�,:`.t....__.��.ii3:r.�s:t;:s....�ii:cE:if.��.'?,_,,,.E:�,.;�,.....ti;i�i:!f�.t..t.(r�;_.,±I�iji;iiii�itpfi...,.:iiS'>::iJ.ii.6:::i..<:�i;. .'N�(i1`.;�. .. Y � � p
. ,,�
S+' �'i}���;'��','����:t�,���''.�i;5 Ysayii�;#i;3i:it:S;t�j'.•y� � : �CiY�' ��'=�i:N
'x�'t�,`�tys���y.� i�yc�)i�� i� :3 ��'� ��`i��'i7��'h'"�k�: .:`;��};� ;' y;.�;1y���`'.,�i�:;
5. �` .�w�!;. ��'' : il;:.,.
! • . .
0
at 10-Adm 50-Roads �
30 Sep 199-. 10/4/94 Claims. List 15-Engr , 60-Uttlities Fage i
Fri 1:58 PM City of Mer�dota Heights 29-Police' 70-Parks �'
30-Fire 80�Planning
Temp Check Number 1 40-CEO 85-reCyCling
' ' 9@-Animal Control
Temp. ' �
Check '
Number Vendor Name Account Code Cornments Arnount —�
_ 1 Earl F Anderson � Assoc 01-4420-050-5@ splys 7�,p� - -
:���� -
1 7�. 0� �
Tot�ls Ternp Check Number 1
Temp Check Nurnber Z -
2 AT&T 01-4210-070-70 3rd qtr . 14.68 �-,
2 14. 68
Totals Temp Check IVumber 2 �
Temp Check Number 3
3 Albinson @5-4300-105-15 splys 74.12 ��
3 Albinson 05-43@0-1@5-15 " splys 23.55
3 Albinson @5-43@0-1@5-i.:, splys 49.93 �
9 147. 60
•� Totals Temp Check Number 3
.�
Temp Check Number 4
4 Apache Group @1-4305-050-50 splys 68.40 '�
�4 Apache Grau�' 01-4305-070-70 splys 68.40 •
'� 4 Ap�che Group 15-4305-06@-60 splys 68,�g
4 Apache Group 06-4335-0@0-@0 splys 27g,2g •
4 Apache Group 01-449@-020-20 splys g,�7
• 4 Apache Group 05-430@-105-15 splys 77,3m
4 Apache Group 01-4305-@50-50 splys 53.45 �
4 Apache Group 01-4305-070-70 splys 53.45
4 Ap�che �rouA 15-4305-@60-60 splys 53.50
4 Apache Group 01-4305-050-50 return 52.80cr '"�
4 Apache Group 01-4305-@70-70 return 52.80cr
4 Apache Group 15-4305-@60-6@ return 52.74cr
48 571.67
Totals Ternp Check Number 4
Ternp Check Number 5 �
S=Bi�tuminousmRoadway 08-4480-000=00 re parking lot 5,450.00
5 Biturninous Roadway 08-4480-000-00 re parking lot cle�nup 159.70
10 5, 603. 70 � '
Totals Temp Check Number 5
Temp Check Number 6 . ._ �)
6 B& J Auto Supply @1-4330-490-7@ parts 16.20
�
-•------�--------•----_.-_•_-------------- -- ----_.. . ......._.---__.-� �_ ��_.. •----
30 Sep 199v Claims �ist , Page 8 .
Fri 1:58 �M City of Mer�dota Heights .
' Temp_ Check lVumber 6 _..________ --
Ternp.
Check .
Nurober Vendor Name� Aecaur,t Cade Comments Rmaur;t r;
6 8� J Auto 9upply 25-4305-060-60 parts 50.23 '
;�: 6 i� & J Ruta Bupply Q+1-433@-440-20 parts 18, 1`�
6 B& J Auio 5upply 01-4330-k40-20 parts 24.Q�3 �
6 P& J Auto Supply 01-4330-460-30 parts 6.51
�8 115. 16 � �
Tatals Temp Check Nurnber 6
. r�
Temp Check Number 7 . ''
7 Barefaot 6rass 01-�r335-315-3@ 9t19 sve 144.84 r�
� 144. 84
iotal� Temp Gheck Number 7 �
Temp Check Number 8 "
;�1
8 Baard af Water Gammissfoners 15-4425-310-6(D �ug svc 17.94
8 Haard af Water Commissioners 01-4425-315-3@ aug svc 94.12
8 Board of Water Coramissianers @6-44�5-000-Qt�t aug svc 197.35 r>
g Board af �3ater Cammissioners 01-4425-�B70-T0 aug svc 794.78 `-
8 Bo�rd caf Water Cammissic+ner� 01-k425-@70-70 aug svc 1,160.7&
;' }
4@ �C, 264. 97
Total� Temp Ctie�;{t Number 8
Ternp Check iuuml�er 9 . t-)
9 City Mator Supply @1-4330-44@-20 parts 265.7k
9 Cit Mator Suppiy t31-4330-490-?0 `y,�
y parts 93.4�
�,<. _ 18 359.23 �.}
. Tota2s Temp Check 1Vumber 9
Temp Check Number im
30 City af St P'aul � 01-4420-t�50-50 signs ,�87. @0
Z8 � • 387. Qt0
i'otais Terep Check iYurnber f0
Temp�Check,.Nurnber 1-k
11 Jim Clausen Canst @1-4423--0�@-50 street averlay 2,100.Q�0 .
1 i �, 10Q+. 00
Totals Temp Check Number 11 .
Temp Check i�Eurnber 12
12 Communication Auditors 01-k33@-450-30 pagers & rnten z,693.76
r
12 2, 693. 76
�
30 Sep 1994 Clairns List • Page 3
Fri 1:58 PM City af Mendcta Heights � �'
Temp°-Check- Nurnber 12 - , ` �
Ternp. (�
Check
Nurnber Vendor Name Account Code Cornrnents Arnount .�
Tat�ls Ternp Check Number 12 , � _ ,
,. � - - - - -
Temp Check Nurnber 13 �3
23 Continental Safety Eq @1-4305-@30-3@ splys ig�,�i ,_3
13 187. 71
Totals Temp Check Nurnber 13 .
's
Temp Check Number 14 '
14 Coverall @1-4335-310-50 sept svc 6�,Q�Q� �
14 Coverall 01-4335-310-70 sept svc 60.00
14 Coverall 15-433�-31@-60 sept svc gg,g� �.,�
------
42 " 179. 99
Totals Ternp Check Number 14
.�
Temp Check Nurnber ' 15
15 Crawford Door Q�8-4335-000-0Q� rprs 92, �� �.�
15 Crawford Door 01-4335-315-3@ rprs 122.00
30 --- tj
Totals- Temp Chi'�ck Nurnber 15
214.00
Temp Check Number 16 t�
16 Cushrnan Motor Co 01-433@-490-7@ parts 60.78 � ,
;
16 ----- �
, Totals Temp Check Number 16
60. 78
(.)
Temp Check Nurnber 17
17 Dakota County Auditor Q�9-4473-000-00 last 1/2 re tax rnendakota 6,867.69 ••F
17 --------
6� 867. 69
Totals Temp Check IVurnber 17 .
Temp Check Nurnber 18
18 Jarnes Danielson 05-4415-105-15 oct allow 120.00 'i
18 ------ :t
Totals Temp Check Number 18
120. @0 '
Temp Check Nurnber 19 _ �')
19 Dennis Delmant 01-441�-@20-20 act allow 1�0.00
19 � ------
Totals'Temp Check Number i9
120. 00
3Q Sep 1994
Fri I:58 PM
Temp�Check Number - Y9
Temp.
Check
Nurnber Verrdar Narae '
Cl�iras List
City af Mendata Heights
r����Unt e4a�
Cornment s
Page 4
Amc,unt
�=a Temp Checic Nurnber ' � 20 �
20 Dzscc�m of Mn Ir�c 01-k33Q+-440-20 rprs 282.6?
-- ------ • �_
20 282.67
Tc�tals Temp Check Number 20
. ,�
Temp Check Number 21 ,
2f Electra Watchraar� @i-4335-ais�-50 rprs 65. f� -��
21 Electra Watchrn�n 01-4335-310-70 rprs 65.1�C
21 Electra Watchrnan 15-k335-31Q�-6R� rprs 65.12
�_ �___-- ,^}
63 135. 36 �
Tatals 7emp Check Number 21 "
Temp Checic 1Vumber �2 �
22 Eaga» Dil 01-i�c10 splys 197.39 a
�2 197. 39
Tata2s Temp Gheck Number 2z •
Temp Check Number"""" 23 '
�3 Elrays 5ervice Q�8-4335-000-Q�0 rprs 14.00
23 1 A. 0Q� .
Totals 'ierop Cheek IUurssber 23
Temp Check Number � 24
f".1
24 Fielstone Cabinetry Inc 01-4131-02@-20 oct prem garlack 78.@0
24 . 78. �¢�
Tatais Temp Check Number 24 �
Temp Cheek Nurnber �5
25 First Trust 36-4226-@@0-�0 bond fees 1,092.5Q�
25 i, Q��2. 5@
Tatals Temp Check Number 25
3emp Checic hlumber 26 .
(" �
26 First Zmpressions 01-A268-650-10 f�li newsletter 8$6.@S '" "
�6 First Fmpressions 01-42b8-650-85 fa22 newsletter 201.60
86 First Irnpres�ions 15-4268-650-60 fall newsletter 25�.55
�
. . . .. ._� ' . '" _ � T.�=h' � . _
�
30 Sep 1994 � Clairns List Page S •
Fr•i 1:58 RM City of Mendota Heights �
Temp'CHeck'Num6er 26 ` ��
Temp. �l
Check
Number Vendor Name ' Account Code Cornrnents Arnount
�
26 First _Impressians _. 21-4268-650-00 fall newsletter � 254.00
�;� --- ------- �
1@4 • 1, 494. 20
Totals Ternp Check Number 26
Temp Check Number 27 , '�
• 27 Fortis Renefits Ins Ca 01-4132-Q�31-30 cct prem . 154.8@ • •�
27 154.8@
Totals Ternp Check Nurnber 27 .
.�
Temp Check Number 28
28 Globe Fublishing 01-43@0-@20-20 splys 45.6@ `�
� 28 45.6@ .-�
Tatals Ternp Check Num6er 28 '
. Temp Check Number c9
f)
29 6roup Health Inc @5-4131-1@5-15 oct prem 195.30
29 195. 30 �3
Totals Temp Cti�c'k Nurnber 29
.�
Ternp Check Number 30 ,
30 Greenleaf Tree Svc 01-4.�,00-050-5@ tree & debris rernc�val 2, @76. 75 .�
30 2, @76. 75
, Totals Temp Check Nurnber 30
i.7
Temp Check Number 31 ,
im Hatch S�les Q�1-433@-49@-50 splys 167.54
�
31 167. 54 �
Totals Temp Check Number 31
Temp Check Nurnber 32
32 Hdwe H�nk , 15-4305-06@-60 splys 38.57
32 Hdwe Hank 01-4305-030-30 splys 52,gg
32 Hdwe Hank 01-4305-@30-3@ discount 8.59cr
32 Hdwe Hank 01-4330-490-70 splys 49.56
_32 Hdwe Hank @1-4330-49@-70 discount 4.67cr .
16@ 127.75 •- ..
Totals Ternp Check Number 32
Temp Check Number 33
------- -----..._.._.. _ . .--------•-•-•- - •-- -•- •- ---..... _ . .__-_•--�--•- -- -•�---• �.•--�- - -
. . .. .__ . .
. ----
30 Sep 3�94 Claims List '
� Fri i.SB PM City of Mendota Heights � p�g� 6 •
-Temp>Gheck•Number 33 �� �
Temp.
Check �
Number Venda�^ Narne ' Account Code Carnrner�ts
Amaunt �
33 Hoffers Inc 01-4305-070-?0 spiys ��7���
66 Naffers Inc _. _ ., @1--44c^4-05Qt-�0 sPlys ^87_86 ` �
Tatal� Tesnp Cheek.Number 33 535.16
Temp Check Number 34 '^S
34 Identi Kit co 01-4200-6IQ�-�@ qtrly rent . 102. Q�0 �
3Lt ....r-__�,
Totals Temp Check }Vurnber 34 ��'�-��
�
Temp Checlt Nurnber 35 '
r:�
35 I S D 157 Q�1-k268-t�70-iQ� " city share park mten 3, 6�3. 77
35 --------
Tatals Temp Check Number 35 3,623.77 `r�
Temp Check tJumber �� ;.`�
.,;. 36 Paul Kaiser QI-k268-150-30 sept svc 1,�64.20
36 `.."� ________ �
Tot�ls Temp Check Nurnber 36 1��64.20
Temp Check Nurnber 3�
{...�
37 Kat F{eys Q�2-4305-ffi3@-30 keys f4.38 ��}
Gy, 37 Kat Keys @1-4330-460-3� rpra 79.34
; �i:
'74 93. 7�C �.':)
Tatais Ternp Check IVumber 37
Temp Check Number 3g ;.,�
38 Knutso» Rubbish Service 08-4335-000-00 sept svc 68.86
3$ _____ i, �!
Totals Ternp Check Number 3g 68.86
Tera{s C eck Nurntrer 3g •-
39 Thomas Knuth 88-4415-?04-00 ��i Qx� ���}7 s,�•
39 Thames Knuth 29-44i5-834-00 rni exp 58.58
39 Thamas Knuth 88-k415-828-@0 mi ex
39 Thomas Knuth 01-4423-050-50 p 19.43 �
39 Thc�rnas Krruth t1i5-4415-1Q�5-15 rni exp 41.47 _ !,.
--- oct a 11 ow 10. Q�0
.... 195 _--_---
Tatais' T'emp Checlt Number �g i?9.65 '
30 5ep 1994 Claims List Rage 7
Fri 1:58 PM City of Mendota Heights � �'
____M�Temp Check_Nurnbe.r. 40 - � -�- �
. �
Temp.
Cheek
{Vi�mber Verrdar 3Uame •' Accac�nt Gade Comme�ts Arnaur�t r�
40 Kriss Premium Products 01--43@5-050-50 splys , 48.@6 --
+�� k0 f - - ' k8. @6 �
Totals Ternp Check Nurnber 40
i'emp Checit Number � 41 �}
Ai L E L S 01-�C075 act dues . 2i5.L�0 -�
41 � �75. 00
Tatalz iemp Check IVumber 41 ��
Temp Check Nurnber 42
42 L M G I T fl2-2074 act prem 5�9.96 r�
42 L M C I T 01-4131-020-�0 " oct prern 941.56
84 1, .�.r�i. 5� ^i
Tatals Temp Checl't Number 42
iemp Gheek Number 43 `�
43 Life U 5 A @1-4131-Q20-�@ oct prem a22.30 ��
4s Life C! 8(� 0f-4i3l-050=50 oct prern 185.68
k3 Life U S A""'" @�-4131-105-15 oct svc 221.57
43 Life U 5 A 15--4131-060-60� oct prem � 252.70 �
�43 Life U 5 R 01-4I31-@70-?IIJ act p�^em 19k�.66
43 life U S A 01-413i--110-i� oct prern 144.70
:.'S
258 1� 317. 6 2 ...
Tota2s Ternp Check Number 43
" Temp Checlt lVumber 44 �
44 M Thoma� L�well 01--A415-1i@-10 oct allcw � 1'75.@0 �
44 3�5. 00
7otals Temp Check 1Vumber 44
Temp Cheak iVuraher 4.;
45 League Mn Cities 01-440@-109-@9 r-e�4-.�nlcWconf< 13:45
45 13. 4S
Tatals 7emp Check Number 45
Ternp Ctieck Number 46 l��,
46 Lincaln Ber�efit @1-2074 act prem 4@.00�
45 LincoiM Benefit 01-4131--020-20 act prem 363.82
, �
" _���.�... ._.�_.........�.. .......�"�' �" _".... .. 1. ... _ . . .. � . �.. ... . . .
3@ Sep 19�4 Cl�irns List Page b
Fri 1:58 RM City of Mendota Heights �
Temp' Check" Nuin6e`r 46 — — "
t
Temp. ''1
Check
Nurnber Vendor Narne ' Account Code Cornrnents Arnount -�
_46 Lincoln Benefit . 01-4131-110-10 oct prern -- -- - 127.94
138 .�,31. 76 �
Tatals Ternp Check Nurnber 46
Temp Check Nurnber 47 �
47 Mc Namara Cantracting @i-4422-Q�.`'i0-�0 hat rnix 1, 347.35 .
47 1, 347. 35
Totals Ternp Check Number 47 �
�
Temp Check Number 48
48 Menards @i-4305-@50-50 splys 40.43 �
48 Menards 01-4305-@30-30 " splys 24,2g
96 Y 64. 71 �
Totals Temp Checli Nurnber 48
Temp Check Number 49 ?
49 Med Centers H P 01-2074 oct prem 2,744.35 �
49 Med Centers H P 01-413i-110-10 oct prern 1,293.12
49 Med Center`�"'Ki P @1-4131-020-20 oct prern 2, 587. 68
49 Med Centers H R 01-4131-040-40 oct prern 648.00 ,
49 Med Centers H P Q�i-4131-@50-50 oct prern i, 457. 28
49 Med Centers H P 01-4131-070-70 oct prern B07.84
49 Med Centers H P Q5-4131-105-15 oct prern 1,457.28
49 Med Centers H P 08-4131-000-00 oct prern 161.28
49 Med Centers H P 15-4131-060-60 oct prern 485.28
� 441 11, 642. l i �••'�
Totals Temp Check Nurnber 49
Temp Check Nurnber 50
50 MHAA @1-4435-2@0-7Q city partion t ball 3,18@.00
_50 MHAA 0I-1145 sattelite rent 78B.38cr �
100 2�391.62
"fot�l.s Ternp_Checic_Number 50
Temp Check Number 51
51 Metro Sales 01-43@0-@20-20 splys gg,�g
51 ----- �•�
Totals Temp Cfieck Number 51
99. 79 •- '
�
Temp Check Number 52
5� Metro Waste Control 15-4448-@6@-60 �ug sac chgs 2,4@0.@0
�---_.__..._._ _ .... . .. . . .. ......
. . , _....__ r.
3@ Sep 1994 Clairns List p�ge g
• Fri 1:58 GM City of Mendc�t� Heights � '
Temp-Check Number 52
Ternp. ��
Check '
Nurnber Vendor Narne ' Account Cc,de Cornrnents Arnount -3
52 Metro Waste Control i5-3615 �ug sac chgs 24.@0cr
;-? 52 Metro Waste Control 15-4449-06Q�-60 act svc 63,534.@0 �
52 Metro Waste Control 17-3575 act svc 2,796.00cr
�@8 63,114.@0 :�
Totals Ternp Check Nurnber 52
' Temp Check Number 53 , ,�
53 M R G @1-43@0-110-1@ letterhead 165.3@
53 M R G 01-430@-030-30 splys 51.65 •1
53 M F 6 @1-4300-040-4@ letterhe�d 1�3.95
53 M P G 01-4300-050-50 letterhead � 51.65
•�. 53 M P G @1-430@-@70-70 letterhead 51.65 ;•�
53 M R G 01-4300-080-80 letterhead 165.30 '
53 M P G 05-43@0-105-15 " letterhead 165.30
53 M R G i5-4300-@60-60 letierhe�d 51.64 .�
53 M P G @1-43@0-110-10 discuur�t 15.52cr
, 477
810. 92 ; -�
Totals Ternp Check Number 53
Temp Check Nurnber 54
54 Minn Cellul'a+t^ Tele Co @1-421Q�-@20-2Q sept svc g�,92 \
•, 54 Minn Cellular Tele Co 01-4210-030-30 sept svc 2i.48
54 Minn Cellular Tele Ca 01-4210-02@-2¢� sept svc Z3,26 �•}
54 Minn Cellular Tele Co 01-4210-030-30 sept svc I4.06
. _54 Minn Cellular Tele Co @1-421@-110-1@ sept svc 10.74 �
270 157. 46
,r,�; Totals Ternp Check Nurnber 54
.. �•�
Temp Check Number S�
55 Minn Pc,llution Control Agcy 15-44@@-@60-60 serninar ^c00.00
55 2¢�0. 00
Totals Temp Check Number 55
Temp Check Nurnber 56
56 Minn Mutual Life Ins 01-2074 oct prern 197.20
56 Minn Mutual Life Ins 01-4131-110-1@ oct prem 32.60
56 Minn Mutual Life Ins 01-4131-020-20 oct prern 20.20
56 Minn Mutual Life Ins 01-4131-070-70 oct prern 4.92
• _56 Minn Mutual Life Ins @8-4131-@00-@0 oct prern 1.90 �•,
280 - 256.82 •- .
Totals Ternp Check Number 56
Ternp Check Nurnber 57
-' ' .. -- ---- '-""'-_'-•"-' ._ ._ ._. _: � . ..'- •__--".._ .. . . . _. ... . .... - - -- .. ✓._.0
-'-' ' •' '.. _ . . _ . .... .- -
30 Sep 1994 Clairns List ��ge 10
Fri 1:58 PM City af Mendota Heights ���
:,
7emp-CFieck N"u`mtier 57
Temp.
Check
Nurnber Vendor Narne •'
57 Minnesota Henefit Assn
. 57 Minnesota Benefit Assn
57 Mir�nesota Benefit Assn
57 Minnesata Benefit Assn
57 Minnesota Penefit Assn
57 Minnesota Henefit Assn
57 Minnesota Henefit Assn
399
Totals Ternp Check Nurnber
�
Temp Check Nurnber
, 58 Northern
58 Northern
116
Totals Ternp Check Nurnber
Temp Check Nurnber
59 Northern St�te F'awer
59 Northern State Power
59 Northern State Rower
59 Northern 5`c�'�e Power
59 Northern State Pc�wer
59 Northern State Power
59 Northern St�te Rower
59 Northern State Power
59 Northern State Power
5� Northern State Power
53 Northern State Rower
5� Northern State Rower
7@8
Totals Temp Check Nurnber
58
J�
Temp Check Number 6@
Account Code
0i-2074
@1-4131-110-1@
01-4131-020-20
01-4131-0.Qi@-50
@1-4131-070-70
05-4131-105-15
15-4131-060-6@
Cc�mrneqts
oct prern
- c,ct prem
oct prem
oct prern
oct prern
oct pr•ern
oct prern
J%
01-43Q�5-Q�3@-3@ s p 1 ys
@1-4330-49@-70 splys
58
9J1-4212-310-50
01-4212-310-70
15-4212-310-6@
01-4212-320-70
08-4212-0@0-@0
@i-4211-310-50
01-4211-310-7�
15-4211-310-60
28-4211-000-Q�0
02-4211-300-50
08-4211-0@0-@0
01-4211-320-70
5�
0
oct svc
oct svc
oct svc
oct svc
act svc
oct svc
act svc
oct svc
oct svc
oct svc
oct svc
oct svc
Amount
- 641. @9
38.81
361.17
44. 52
211.06
53. 53
45. 51
1, 395. 6�
54. 28
55. 08
10�.36
28. 23
28. 23
28. 24
46. 39
32. 26
182. 78
182. 78
182. 77
437. 93
395. 7�
1, 221. 39
198.37
2, 965. 16
n
��
�
' �3
!"1
,
�
��
6@ Northern State Power 15-4211-40Qt-6@ oct svc 130.41
60 Northern State Power 01-4212-325-30 oct svc i�3.84
60 Northern=St�te_Eaw �,01-421=1-=31-5-30 oct�svc 87:34
60 Northern State Pawer 15-4212-400-60 oct svc 15.�1
60 Northern State Power 28-4211-@00-00 oct svc 6,2g
_60 Northern St�te Power 01-4211-420-50 oct svc 186.99 '
' 360 ------
Totals Temp Check Nurnber 60 790' �8 ._ C'
Temp Check Nurnber 61
61 Oa{ecrest Kennels
01-4221-80@-90
sept svc
3�0. @0
30 Sep 1994 Clairns List �age il
Fri 1:58 FM City uf Mendota Heights � ��
Temp Check Nurnber 61
Ternp. '-�
Check •
Nurnber Ver�dor Narne ' Account Code Cornments Amount �
� 61 O�kcrest Kennels 01-4225-800-90 - sept svc ---_ 383.40 -- --
,. 122 7@3.40 �
Totals Ternp Check Number 61
Ternp Check Nurnber 62 �
62 Office Max @1-43@@-110-1@ return . 69.6Qcr ��
62 �ffice Max 01-430@-640-i2 splys 10.64 '
62 Office Max 01-4300-64@-12 splys 5.5c
62 Office Max 01-430@-640-12 splys 25.12 ��
62 Office Max @1-4300-110-10 splys 166.�6 �
62 Office Max 01-4300-640-12 splys 5.30
62 Office Max 01-43@0-31@-1@ splys 61.00 ,-.�
62 Office Max 01-4300-110-10 splys 33.62 '
496 237.86
Totals Ternp Check Num6er 62 �
Temp Check Number 63 ._�
63 Oxygen Service Co 08-4335-00@-00 act thru 8/31 18.@0
63 Oxygen Service Co 01-4305-030-30 act thru 8/31 13_50 {^�
126 `..:�
31. 50
Totals Ternp Check Number 63 ,.,�
Temp Check Number 64
64 Paper Direct 01-4300-110-10 splys 190.45 ��
.,- 64 190, 45
Totals Temp Cheek Number 64 ��
Temp Check Nurnber 65
65 Power Br�ke Entrp 01-433@-490-70 parts 9.36 t
65 Power Brake Entrp @1-4330-490-50 parts 58.83
130
68. 19
Totals Ternp Check Nurnber 65
Temp Check Number 66
66 Pawer Up 01-4301-110-10 softw�re 153.80 "
66 153. 80
Totals Ternp Check Numher 66 �- ��
Ternp Check Nurnber 67
67 F�rincipal M��tu�l 01-2@71 oct prern 18�.84
�
�30 �ep 1994 . Glairns List , ' Page 12 •
Fri 1:�8 �'M City �f Menduta Heights ^�
Temp GhecK" lVurrsber 67 �
. :�
Ternp.
Gheck
Number Vendar IVarne ' Accottnt Code Carnmercts Arnount •��
67 Principal Mutual . 01-4132-020-'�0 act p�^ern ._, . 88.91
. 67 Principal Mutci�l Q�i-4132-tD50-5�D act prem �C8.58 �y
2@1 307. �7
Tatals Temp Check Nu��be�^ 67 ' y
Ternp Check Nurnber 68 '
. �i
68 Br�d Ragan Inc 01-433@-4�0-50 tires . 526.51 �
6$ 526. 5i "�
Tatals Temp Check Nurnber ' 68 '
Ternp Gheck iUuraber 69 '�
69 Ruff Cut @1-k490-Q�4@-k0 '� weed rut 5�@.00
�._ �.....o�_� �-k
f7� J�B. ��
Tatals Ternp Check Nurnber 69
..�
Temp Check Number 7Q�
, ?0 Sanitary Praducts Co , 08-k335-00@-0� . splys 240.72 ••�
�Q� `""" 1k0.71
Tatals Temp Check Number 70 '�
Temp Check Nurnber 71
'T1 L E Shaughnessy Jr 02-42�0-13�-f0 sept svc 3,135.90 �
71 L E Shaughne�sy Jr 05-4220-132-i5 sept svc 313.1@
y;., 71 L E Shaughne�sy Jr 15--4220-132-60 sept svc 494.1@ �.:�
.. T1 L E Shaughnessy Jr CI-4�20-i32-0@ sept svc 3T1.80
71 L E Sh�ughnessy Jr 03-4220-132-00 sep� svc 41@.90
'71 L E Sh�ughnesay Jr 29-4220-i32-00 sept svc 266.40
426 4, 892. 20
Ttrtals Ternp Check Number 71
Temp Check Nurnber 72
?.2m$authe�st Taw.ing 01-4330-490-70 �l-9-svc 47:93
72 " 47. 93
7otals Temp Gheck 3Vumbe�^ 72
Temp Check Number 73 t"�
73 Soitthview Chev tDi-k33@-490-7?1 pa�ts 18.i2
73 18. 11
Tatals "Temp Check Rfumber 73 •
._._...--�--•-•- � - - -... �, ,,. . . . ..
r
3@ 5ep 19�4 Clairas List ��
. �ri i:58 Rt+i City of Meridota Heights . Pege 13 .
Temp Check-Nurnber 74 - —
c'='1--
Temp.
Cheok ;7
� Nctrnber Ve»dar iVame ' Rccaurct Cade Camments
Amount _ ,.,�
7k State Mutual Ins k
01-2@74 act prern 343.11
:'! T4 State htutual i»s � Q�1-413i-0�th-20 �
1A8 c�et prem f401_t�0 �
Tc+tals Ternp Checit 3Uumb�r 7q �83. Si
Temp Check Nurnber �;,
`�T
75 8truck & Irwin Raving 01-4423-@50-5Qt seal cuat •i
'75 Struck & Irwin Paving 09-�+460-�t00-Q0 . 45,769.52
_ seal caat �� ��,�. �5
150 ---------
Tatals Temp Check Number 7g
49,683.57 �
� Tem¢ Check. i�Eumber ... .. 76 r�
, '76 Sun Sales 01-43@5-050-50 sp2ys
i6 S urt Sa l es iIl l-4305-2!?0-70 15. I Q1 i"�
76 Sun Sales ' SRIYS lg.i0
� ___
15-A305-060-6Qt sply� 15.06
2�^8 ----- `,l
Totals Temp Check Nurnber �6 45,26 �
Temp Check Number 77 , i�
. . r�:
� 77 U S West Comrnunicatzons 01-4210-110-1� act svc 358.47
?7 U S Wes� Cornmunicaiions 01-4210-0�0-20 cret svc t';}
77 iJ S West Communications 0i-421fl-�+4@-4@ 499.38
, 77 U S Westr Cornmunications oct �vc �8+87 .
05-421@-105-15 oci svc Zg4.57
�i U S West Carnmttnications f5-4210-06@-50 act svc � ;:j
77 U S West Cammunicatior�s 0f-42i0-Q+50-5� 3-+2.7i .
�� 77 U 5 West Cornrnunica�ions oct svc 3'3.37
@1-kc�i@-07@-7@ oct svc 146.98
_77 U S West Communicatians @;-4220-030-3Qt oct svc �
153. 23
616 --------
Tatals 7ernp Check Number 77 1, 80�^c. 58 _, �
Temp Check Number 7g
78 tJ»iforms Unlirrtited -.1
@1-k410-02�-2P� splys intern 92.65
76 Uniforms Unlimited 01-44i0-020-2@
- splys blackfelner 162.�49
156 ------ .
Tot�ls Temp Check Number �g 255.i4
Temp Check Nurober ?9 ..
�9 United Way St Paul 01-�070 act contr Cf
126. 75 •-
78 ------
Tutals Temp Check Number 'g 1�C6.75
i
. _ _.� __ .----_ _.- ----
-----•-�---,_.. --- .___�
• -._. _ . .......
- � - - . " � - � , . . _ „ � r. .,. - .. _ . ._ .
s@ Sep 19�4
. Fri f:58 PM
Temp Check Number 8@
'}
Temp.
Check
� Number Venda�^ Narne �
60 We�t Weld
80
Tatals Temp Check Number
Temp Check Numk�er 81
81 Zacks Ine
6I Zacks Inc
81 Zacks Ir�c
243
Totals Temp Check Number
935$
� d T t
Claitns Li�t
City af �eridota neights
Account Code
01-k330�490=70
80
tLE3 -43Q�5-050-50
01-4305-070-70
15-4305-Q�6@-60
81
Carnrner�t s
grintie�^
sply�
sply�
splys
R�ge i4
Arnount
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83. 12
�2. 90
92. 90
��. 90
278. 7Q�
183 857.55
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1
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ran a al MAMUAL CHECKS ° '"'}
I4914 99.Q4� Keith Stein exp reimb :.}
14915 b8,798:80 IrrperiaT Devlp ind park impr
14916 3,454.55 State Capito1 CU 9/16 payroll
,. 14917 -Ifi.12 Great Western Recyciing pw splys ,
-. . 14918 555.00 Dakata��County Bank 9/16 payroii � -
14919 15,343.10
� 14920 46,871.17 payroii a/c +�
14921 13.84 PERA « .
14922 8,639.92 " ��
14923 750.82 ICMA �� '
1492� 788.Q0 Minn Mutual . . �� �
14925 455.00 Minn State Retirement "
.`� J.4926 256.80 Dakota County� � ��
I4927 3,539.13 Co�nissioner of Revenue "� �-�
14928 2,441.54 Payrol7 a/c � election judges
. 14929 '•64.99 deff Manden exp reimb
249,647.28 �
G.T, 333,5Q4.8's .
i
0
�- - . , . . . . � .
�. � o � q-��
September lU. 199-t
Ma��or Charles Menensotto
Members of the Mendota Heiglus Cit�� Council
Members of the Mendota Heights Planning Commission
Cin� of Mendota Heights
1101 Victoria Curve
Mendota, He�ghts, MN �5110
;
;
Dear Friends:
�Ve, the undersigned residents of the Brent�vood and Kensington neighborhoods are officiall�� p
the City of Mendota Heights not to construct a picnic shelter/structure in the North I�eiisington
are suongly opposed to the picnic structure for the follo�ving t���o reasons:
1) Lack of a picnic structurc in thc ncarb�� Habstrom-Iiinb anc[ Friendh• HiI[s p�
of these parks have the infrastructure (parking lots) and the amenities (tennis courts. basketbal:
playgrounds, ect.) to support/require the picnic shelters. The North Kensington park «•ill not Y
the infrastructure or the amenities to support/require the picnic shelters. In these days of limitf
and high tases. ti��e belie��e a cosWenefit analysis �vould support construction of a picnic shelte�
die Hagstrom-King or Friendl�� Hills parks: before construction of a picnic shelter in the North
ICensington park. Additionall��. picnic shelters are a��ailable in South ICensington park onl}• a
distance from NoRh Kensington park.
2) North Kcnsin�ton Bacl:��urd Themc/Conccpt — in prior meeungs ��•ith the Cin
Heights .Parks Commission and Cin� Council, �ve n�ere informed the North Kensington park �
passive park "an e�-tension of the backyard for the adjoining residents". Collecti��el�� the res:
supported this concept, ho«�ever, the residents ha��e sternly voiced opposition to the construct
picnic structure in the bacicti�ard concept for the Norlh Kensington park. Additionall}�. the pi�
raises securiri�/safetv issues for the residenu as a gathering place in the evening (additional
expenses ���ould ha��e to be incurred and the structure ��•ould hare to be visible from Mendota
Road). One incident has alread�� taken place in the park �vhere an adult male attempted to lu
the e�isting phone building in the park. because this happened during the da�•, residents obse
incident and the poIice ���ere called avoiding a potential disaster.
Again, n�e sirongl}� oppose tlie conswction of a picnic suucture in the North Kensington park
appreciate ��our listening to the immediate residents concerns in this matter.
Sincerely;
�/�'� = �����
Z��3 S�� IC�.<<� �e � _ �� .
�
��
-= bodi
ive eiiher
i budgets
in either
Mendota
�ld be a
its have
of a
: structure
children to
:d the
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: �
d
�
TO: �
FROM: I;
SIIBJECT:
CITY OF MENDOTA HEIGHTS
i� •
September 29, 1994
Mayor and City Council
Tom Lawell, City Administr
Consideration of Pentel Antenna Variance Appli
DISCIISSION
At our September 6, 1994 meeting the City Council r
reports from two experts involved in analyzing the Sylvi
amateur radio antenna tower variance request. These rep
provided by Mr. Geoffrey Jillson P.E., Guy Engineering
Corporation, and Dr. John DuBois, Registered Professiona
Communications Engineer and are attached, without append
your information.
Based on the testimony provided by Mr. Jillson and
Dubois, and based on the comments of Mr. John Bellows, 1
counsel for Ms. Pentel, the Council on September 6th ask
City's legal counsel to address the following five quest
1)
2}
Is it appropriate for the Council to make fin
respect to the opinions rendered by Mr. Jills
Is it appropriate for the Council to adopt ite
through 4 of Mr. Jillson's report as findings?
ation
ceived
Pentel
rts were
ces, for
r. �
gal
d the
ons:
ngs in
?
s 1
3) Can the Council require the tower to fully comply with
EIA/TIA-222E standards and the state building code in
• order to protect the health, safety and welfare of Ms.
Pentel and adjacent neighbors? �
4) Is it appropriate that the antenna/tower configuration
be engineered to withstand forces imposed by ice
accumulation as set forth in the EIA Standards Appendix
A, Section 2.3.1.2A Subparagraph C?
i
5) Is it unreasonable for the Council to ask the applicant
to meet the standards recommended by Mr. Jillson?
Attached please find a memorandum from Mr. Eric Ny;
legal counsel representing the City in this matter, whic
addresses the five noted questions. Mr. Nystrom, Mr. J�
and Dr' DuBois will be present at the Council meeting tc
to additional questions the Council may have.
;
�
i
rom,
lson,
respond _
ACTION REQIIIRED
Review the response from Mr. Nystrom and discuss with him
any questions you may have. Council should then consider the
adoption of formal findings consistent with a decision to either
approve or disapprove the specific antenna/tower configuration
proposed by Ms. Pentel.
Additionally, Council should discuss with Mr. Nystrom the
specific requirements of the Eighth Circuit Court of Appeals
decision regarding this issue and should determine the
appropriate steps which need to be taken by the City in order to
comply with the Court's order.
{
` WINT�iROP&WEINSTINE
Page 2!3 Job 468
u � .i � �_: ►I � 1u
WINTHROP & WEINSTINE, P.A.
TO: '� Mayor and City Councii Members
�.
�
FROM: � � Eric J. Nystrorn
DATE: � September 29, 1994
RE: � PenteI v. City of Mendota Heightsttiariance Appiication
, _
E
(
Sep-29 Thu 14:p2 1994
• � .
In i� opinion in P�ntel v. Citv of Menstata Heights, 13 F.3rd I261, I264 {$th iir,
1994), th� Court identified the azticulaz rc�cedure the Councit must foilow in ass' on Ms.
P P P �
Pentel's varisnce applicatian as follows; r'
i
;, .
App'�aiion of chis reasonable accommadation standard, however, does �'not
rt�u� the city to allaw the amataur to �ted any antenc�a she desires. Irist+ead,
it rc.�uir�s only that the city 'consider0 the application, ma[k�e factual fitidi�gs,
aad �ttcemptQ to negotiate a satisfa�tory compro�uise with the applicant, :
j �
,
en , 13 F.3rd at 12fi�, quoting Howa7rd v, ��y �f B�rlin�arne, 937 F.2d 1376, 13�0 {9th Cir.
.
1991} (ci��i3ons amitted}. Furthermare, in evatu�ti[ng the factual record before it, t�e Council
' " I i
is entitted tt� make its awn indepen�ent determination with respect to factual ftndin�s. In other
: ���
words, tbt Cauncit's factuai findings wiil be reviewed by the Cvurts tc� determine�w#�ther chase
. ,.
; ;: :
factual fi��gs were "r�asoaable' based ott tht entire record 6efvre the Cc►�tztcil. ,�
, � I •'.�
' af H' , 33S N.i�it.2d SQ3 {Minn. 1983}; ��433i��?LCarp. v.
+ x ;
C�y of.�„�, 4i2 F.2d 215 (8th Cir. I99f}}. '
, ,
� �
Th�+efvre, in Iight of the legal tequirements identified above, it is appropinate for the
; ;:.
� .. �
Council to make ftndings based on Mr. Ji�lsan's report and testimc�ny, both of which were
,
presented �t the Council's September 6, 199� mxting. Likewise, it is apprapriate for the
i.
. ;
, s� � .
; . .
WINTHROP&WETNSTINE Page 3/3 Job 468 Sep-29 Thu 14:02 1�94
.. ; �
,�
Council w sidapt items 1 chrough 4 af Mr. Jillson's report as "faccual" findings, 'taking into
:
account a11 �f the factual material considered by Pvir. Jillson, �
In �dition, the Council may also require Ms, Pentel to meet the Electron�c Industry
� E� ' i
Associatioa �'EIA') Standards and the provisions of the Uniform Buiiding Code (•UBC"). in
particulaz, t�e Councit may require Ms. Peutel's ptvpvsed antennaltower configuracion to meet
_.
,
th� requiren�nts of �IA/TTA-222E in erder to protect the health, safety and welfate of Ms.
,
.;
Pent�l and �djacent neighbors, It i� further appropriate to require that the anUenaaltower
.� i
configurati+�t proposed to be erected by Ms. Pent�I be engineered tc� withstand forcxs imposed
•,. ;.
by ice a�umulation as set forth in EIA Standards Agpendiac A Seccion 2.3.1.2A, Su6r-paragraph
��
C, Finally, particularly in the absence of other contrary expect evaluation and analysis, it is
:
reasonable for cho Council co require Ms. Pentel to meet che standards recommended by Mr.
Jillsoa, si�cx Mr. 1illsan has identified thase standsrds as the cvntrolling standards that would
1 �
be ucilized �r structural engineers in performi�g su ana�ysis of any antennaltower �gurati�n
�
Ms. Pent�el may propose. ;�
a
Havi�g idemified the re�evant and applicabte tegal requirements and the appiopriateness
. ,
of reiyia,g cSn Mr. Jillson's testimony, att�tysis, and opinians, the City Coun�il is ,Aouetheless
required to' negotiate with Ms. Pentel andlor hor caunsel to attempt ta reach a;satisfactory
c�mpromise with her. In sh�rt, W�}II� Ri@ C�O IlOi ��28Y� �'1� Cltjr IS iC{�LiIZ� tp �GFIIIlt MS.
• ;:
Pentel W Gt'�ct an antent�altower cottftg�uration that violat,es EIA oc UBC r�quicem�t�tsi �l$ Ci�
� .
. ,
is clearly r�pquired to negociare with Ms. Pencel in sn act�mpt to reasanably accat»madate her
t' 4'. .
�� �
amateur rac�% communicatians. If tha City dves nat enter into sueh negotiatiorts with Ms.
�
Fentel. the City runs a risSc that it ccwid be heid in cantempt or face somc ather typ� of sanctian
;
. �
far violatin� the Eighth Circuit's Order. ' __
r. .
BJN.cas:ar�ri3oa��-� ..
;
-2-
! �
''Ob'�30/94 16:28 F_� 612 933 3436 GUI ENGINEERING -+-+-+ �fENDOTa H]
��
� MECf-
, ' � T T � STRU
U �EOT
MACE
EtvGInsEER!•�vG . FQRE
CC)FiP01�ATiOT1
'IQQ2 Mainstreet '��
Hapki�s. M[�E 55343
. sT 2-s33-s� s� � .
C[TY OF MENDOTA HEIGHTS �
, t 'i Ot vctoria Curve . �
iendota Heights, MN 55 t 18 .
' Attn_ Mr. Thomas Lawe(1, City Administrator
� � ;
, Re: Syivia Pentel v. C'rty of Mer�dota Heights
App�cation For ConstrucEion of Ham Radio Tower at ,
� 556 Fremont Averwe, Mendota Heigi�is, MN ,
Guy E�gFneering �[e No.: 94-002-024
Purse�ant to yoctr �equest, we have teviewed the sttuctural a�d E1A requirements �
proposed antenna and tower installation at the feferenced addfess. The review u
�'re�+iew of the manufactvre`s literature for the towe� structure which we unde►sta
tu�ed by U.S. Towers, Tower modet HDX572 and the antenna to be placed siop
i i e unders#and is ma�ufactured by "Telex Ny-Gain'. Modei TH1'I DX.
,
The taci�nicai �literatv�e p�ovided tof the subject antanna 6y the manufactu�er 'Te
, �eviewed. The dicne�sions of �he antenna a�e �800T I8R9tE1` 24 faet and lengtii �
� etement is 37 feet. The turning �adius f�om the center mount point of the ante�r
comer element of the antenr�a is 22 feet. The antenna unit is rated at T 2.5 squa
� su�iace loading purposes. The manu#acturer technical sheet indicates that the m
survival speed (no icel is 99 mi{es per itour.
Review of tfie technical data sheets for the U.S. Towe�s antenna tower which is
' above teferenced aritenrta firtds that ti►e praposed antenna tower is a four sectiot
' �tawer model number HDX5�2MOPL. Maximum height of the towe� extended is �
mvm height of the tower retracted is 22 feet 8 inches. The manufacturer's data,
that tf�e antenna tawer is capable of hsr�dling 30 square feet of antenna at SO m�
, wi[tds. . .
; � , �
�Review of engineering cafcutations for the arrter�na towe� svucture which were p
manufacturer, Registe�ed Professionai Erigineer Terrance Weatherby dated 9-14<
.,Ecigineer in the S#ate of Catifornia fo� the subject antenna tower, madet H�X572
, lowing; ' ; . •
;`i } "This �tower wilt support an anienna with a maximum of 6.3 sqctare feeL an�
; weigEit of ! 50 pounds in conformance with the refe�enced UBC foc a 70 cni
. basic ;wind speed and exposure C_" • I
�
-� —
IGHTS f�j 002
ANICAL
�TURAL
cCHNiCAL
INES
�s�c
25, t 994
the subject
�ded tfie
is ma�ufac-
i tawer which
x' was
the longest
to the furt�est
feet fo� wi�d
amum wind
to ca�ry the
i tetescoping
�Z feet. Mini-
sheet indicates
Ites pe� hou�
�ovided by i�e
i2, Stn�ctvral
reveals the foi-
a maximum
�s per hour
03/30/9� 16:23 F�� 612 933 3436 GUI ENGINEERING ��� �ENDOT� HEIGHTS �003 °
Guy Engi�ee�i�g Corparation Fite No. 94-002-024 Page 2 of 3
. Augvst 25, i 994
We rsviewed of the caiculations prepared by the above referenced struciu�ai engineer wHich are
dated 8-31-92 inc(ude sheets 1-16. Our commants to foilow;
i) The selected wind speed of 70 m;les per hour is not conformance witF� EIA Standards. EIA
•-(Electronic Industries Assxiation} EIAlTIA-222-E dated Marc� 1997 which reqctires use of
80 mites per hovr wind sPeed in Hennepin County, MN. The $0 mifes per hou� is expressly
indicated irt the EIA Standatds as tha design wind speed. Industry Standards for design of
suuctures in th�s �egion at tFus time by engineers use 8Q mi(es pe� hour basic wind speed.
2) Selectian of the "exposure C` category for use in desig� caicu(ations for wind toading on the
subject structure is a currect selection for exposcue. The calcu[atior�s prepared by the above
referenced structural e�gineer aRd cornputer print-vuts, numbers are correct far the basic
wind speeds and exposures selected by the Structura[ Enginee�. The selection of the basic
wind speed is, howeve�, i�correct, tfie�efore, tha end resutt which finds that tt�e antenna
tower is capab[e of supporting a 6.3 square foot antenna loading is afso inco��ect actd tao
f�igh.
We note that ihe p�oposed antenna is 12.5 square feet exposed surface and that this is appro�a-
mately doub[e tile square foot svrface determined to be serviceabte by ths ma�ufacturer's stnic-
turai engineer. It is our opinion ifiat the antenna tower is struciurally inadequate to carry the pro-
posed anterina. •
We find no catculafions ta support the design of the proposed foundation which is required to
carry the antenna and tawer. It woulc! be ou� judgment that due to the fact that tfie antenna
tvwer is st�bstantiatiy inadequate to carry the proposed antenna a�d wind Ioadings tliat the design
of the foundation witi likeiy be found inadequate. However, we have requested and have not
received ar reviewed spe�c design calculatior+s for the purposed foundatian system_
Review of the applieafion materials and e�ginaering caiculations does nat �evea( any consideratien
of ice ort either tt�e tower or the antenna. E!A Standards do not �eqeri�e'or mandate design based
upon accumulation•of ica which will add both weight and su�face area which can be exposed to
tF�e wind. EtA Standards da, hawever, state the fot[owing in retevant part� '2.3.'I .2' this Stan-
dard daes not specifrcalty state an ice requirement. .lce loadng, depending upon tower f�eight,
eievation, and ex�osure may be a significan� ioad a� tF�e structUre in most parts of the United
States. If ti�+e structu�e is to be located where ice accumulation is ezpected, co�side�ation shal[
be given to an ice load wi�en specifying requi�ements for the structure. ,
Appe�dix A, Seciion 2.3.1.2 A. Sub-paragraph C. 'tt is recomme�ded that a minimvm i/Z i�c(�
bracket � 2.7 mm bracket of solid radiaf ice be specified for tocations whe�e ice accumulation is
tatown to accccr." '
tt is aur opinivn that in this region that ice is a known condition and that therefo�e, the tower and
antenna system shoufd ba engineered to withsiand the forces imposed due to ice accumutations
boih by weight of the ice and by wind loading associated with increased surface area of ice ac-
cumufatio�s. •
Raview of the propased p[.ot ptan at tfie tocation for the subject antenna tower pravided with the
applic2tion materia[s firtds that the proposed (ocation for the antenna tovirer is appreximateiy 19
feet to the east of the west property iine of tfie subject property. This (ocatio� is at the rear -
'03%30/9� 16:29 F�� 612 933 �436 GLiY ENGINEERING ii� uENDOTa H
I
Guy Engi�eering Corporaiion Fie No. 94-002-024 �
. �
� ! ..
sotrti�east corne� of ti�e attached deck on the subject structu�e. �th tf�e dimen:
posed antenna and radius of 22 feet, this resutts in the corner of the antenna ex
mai•e[y 2 feet ove� tF�e west edge of the property and over the adjacent property
have noi,rei�iewed ordinances �egarding side set-backs and air space re�uiremen
th� �ity of Mendota Heights and the State of Minnesota with regaTd to tt-+is appfi
time. i
� � �
IGHTS (� 00�
Page 3 of 3
�t 25, '1994
�ns of the pra
nding approxi-
� the west We
as may exist in
3t�Of1 St �'1IS
� teviewing the above refe�er+ced materials, visiting tiie site, and based upon Mthe training and
«ence af the evaluating engineer, we have formed the followir+g canc{usions+and opinians
a reasonable degree of engineering certainty; �
) [t is eur opinion that the subject antenna tower is st�ucturaliy ir+adequate to
�amicipated loads proposed.
�
? it is our opinion that ice accumu(ation on the anta�na and tower have not b
by the suuctura! engineer for this insta(iation and wif[ fuRhec degrad� the c�
tower to ca�ry the ioads.
carry the
en considered
�acitY of the
Et is our opinion that the proposed antenna tower does not compIy witF� EIA�T'tA Standard
222-E March i 99 i which is tfie governing standard for instaltation o# anten"nas and towers
used in the United States. This specific criteria which are not met by the pioposed instatla-
tion are structurally adequacy to resist wind loading and consideraiion of ice accumulaiion
on the tower and antenna system. �
We have not been p�ovided with the foundation design or calcu[ations for
antenna and towe� instal[ation for review.
l� is our finding thst the proposed antenna which is of gene�al dimensiotts
feei by 37 feet witl on the subject tower at ti�e proposed focation extend
proxicn�tely 2-3 feet over the property line of the adjacent property to the
�
ctFully,
�
.
ey G. .g son, PE
:ipal ;
/paj � �
i
Mr. Er�c Nystrom
m
�
proposed
ximatefy 24
rotaied ap-
0
SEMI-TECHNICAL REPORT
REGARDING AMATEUR ANTENNA
HEIGHT COMPROMISE CONSIDERATIONS
TO TH E
CITY OF MENDOTA HEIGHTS, MINNESOTA
Mr. Thomas Lawell
City Administrator
1101 Victoria Curve
Mendota Heights, MN 55110
by
John R. DuBois Ph.D.
Registered Professional Communications Engineer
Minnesota Registration #7350
7320 Gallagher Drive; Suite 118B
Minneapolis, MN 55435
August 3, 1994
Back�round of Professional Staff
;
The City;of Mendota Heights, Minnesota has hired two Registered.Pr
Consulting Engineers to provide technical expertise that is not avail�
the City� Staff ranks for assistance with a controversy involvi�
resident's request for zoning regulation variance regarding erect�
amateur radio tower and antenna system. �
One of the Consulting Professional Engineers hired by the City, Mr.
Jillson of Hopkins, Minnesota, is a Registered Structural Engineer
record of tower analysis. Mr. Jillson will provide a technical inp
�fessional
le within
� a City
on of an
offrey G.
th a long
relative
to this controversy concerning safety of tower and antenna loading und'er varying
weather conditi�ons plus structural stability and expected results in�the event
of tower failure. Mr. Jillson is submitting a separate report to the City.
, I
John R. DuBois Ph.D. is the other Consulting Engineer hired by the City to
provide technical assistance not available within the City Staff. D�. DuBois,
of Edina, Minnesota who is the author of this report, has. over 30 years of
experience in all aspects of radio communications engineering throughout the
United States. He has completed over 200 communications engineering prijects for
government at all levels (local, state and federal) and he has successfully
completed over 50 communications projects for industrial and commerciil clients
in the Minneapolis metropolitan area. Dr. DuBois has been a licensed amateur
radio operator for over 40 years. '
�
Controversy Background
Since 1991, Ms. Sylvia Pentel, living at 556 Fremont Avenue in Mendota Heights,
Minnesota, has been attempting to obtain a zoning variance from th�e City to
permit her to erect a 60 foot crank-up tower and antenna/mast system with an
overall height above ground of 68 feet. This height exceeds the City'slordinance
that.requires a height limitation of 25 feet on Fremont Avenue. Currently, Ms.
Pentel has erected two 40 foot vertical antennas on her property; these existing
antennas are in violation of the City's zoning regulation and no va;iance was
received for them.
i
�
2
The City on various occasions has rejected Ms. Pentel's various requests at the
zoning commission level and at the City Council level. Ms. Pentel in 1993, filed
a successful appeal of the City's actions with the United States Court of Appeals
for the Eighth Circuit; No.93-1026 (See Appendix "A") The court ruling can be
summarized as follows: ,
"The Court exhorts the parties to work together to arrive at a
satisfactory solution to this controversy. PRB-1 requires the City
reasonably to accommodate Pentel's needs as an amateur radio
operator; what is allowed is the "minimum practicable regulation
(necessary) to accomplish the local authority's legitimate purpose."
PRB-1 S 25. The District Court's grant of summary judgement to the
City is reversed, and the case is remanded to the District Court for
the entry of summary judgement in favor of Pentel. Our decision
does not mean that the City necessarily must grant Pentel's
application as it now stands, but it does mean that the City must
make a reasonable accommodation for her interests."
The PRB-1 document that is referred to in the Federal Court of Appeals ruling is
a document passed on September 16, 1985 by the Federal Communications Commission
(FCC); it is considered to be the ruling authority on radio tower ordinances in
the United States according to the Federal Government (See Appendix "B").
The major conclusion of the FCC's PRB-1 ruling is summarized in Section 25 on
Page 10 as follows:
"25. Because amateur station communications are only as effective
as the antennas employed, antenna height restrictions directly
affect the effectiveness of amateur communications. Some amateur
antenna configurations require more substantial installations than
others if they are to provide the amateur operator with the
communications that he/she desires to engage in. For example, an
antenna array for international amateur communications will differ
from an antenna used to contact other amateur operators at shorter
distances. We will not, however, specify any particular height �-
3
;
limitation below which a local government may not regulate, nor.
�
we�suggest the precise language that must be contained in 1'I
ordinances, such as mechanisms for special exceptions, variance�
conditional use permits. Nevertheless, local regulations w
involve placement, screening, or height of antennas based on hei
safety, or aesthetic considerations must be crafted to accommi
reasonably amateur communications, and to represent the min
practicable regulation to accomplish the local authori�
legitimate purpose."
1
ui 11
�cal
, or
�ich
Ith,
iate
mum
�v's
Other factors, in addition to tower height, that both the FCC and ttie US Court
of Appeals agree can be addressed in Local Government ordinances4 including
safety, aesthetics and radio/telephone reception interference. Consideration of
aesthetics is not a technical task and is best left to the attitude a
of neighbors and to the local elected officials. Consideration of sai
left to the Registered Structural Engineer who is also reporti
controversy. Consideration of radio/telephone interference is ad�
controlled by the FCC through their Field Office in St. Paul. Exp
shown that the local FCC representative will quickly and efficientl
situations of radio and telephone interference. Therefore the remair
report will deal with the direction of both the FCC and the Court a
For the City to consider Ms. Pentel's variance applicatior
attempt to negotiate a satisfactory compromise with her, as s
on Page 6 of the District Court Order.
Technical Considerations
The most current (5/16/94) variance correspondence indicates that
proposed for use by Ms. Pentel on top of a 68 foot tower/mast con
Hygain b'y Telex, Model TH11DX. According to the technical literatu�
,
the beam�antenna from the manufacture, it is an eleven element, fiv�
�
periodic type designed for high performance on the 10, 12, 15, 17 �
bands (See Appendix "C").
I opinions
ty i s best
on this
essed and
ience has
deal with
�r of thi s
Appeals:
and
ted
antenna
ination is
regarding
band, log-
d 20 meter
,
4
The crucial technical aspect of this controversy is how high Ms. Pentel's antenna
need be mounted to obtain satisfactory performance in her amateur radio and short
wave listening operations. Referring to the ARRL Handbook for Radio Amateurs,
1993 Edition, on Page 17-4 and Page 17-15 where beam antenna height above ground
is discussed, it shows and states that for "optimum" DX (DX means long range
transmission and reception) performance, the antenna height above ground should
be one wave length. In the case of Ms. Pentel, she proposes to use an antenna
that covers the 10 to 20 meter band. Therefore, the optimum antenna height for
Ms. Pentel's application is a maximum of 20 meters (66 feet) for one end of her
bands of choice and a maximum of 10 meters (33.3 feet) for the other end of her
bands of choice.
Therefore, it is clear that by requesting an antenna height, by variance, of 68
feet above ground, Ms. Pentel is requesting the "optimum" height for her amateur
radio antenna system. The ARRL Handbook, cited previously, indicates that a
lower antenna height can be used (less than one-wavelength) but for optimum, DX
performance, the height should be one wavelength or 66 feet in this situation.
Both the FCC in their PRB-1 document and the US Court of Appeals for the Eighth
Circuit in their order No. 93-1026 directed the City to seek a"compromise" with
Ms. Pentel regarding her antenna height variance request. Webster's New World
Dictionary Third College Edition, defines "compromise" as:
"A settlement in which each side gives up some demands or makes some
concession" and/or
"Something midway between two other things in quality, effect, etc."
In this case, a compromise on antenna height is something less than the optimum
66 feet for the 20 meter band. Optimum antenna performance for 10 meter band
operation is an antenna height of 33 feet. Therefore, a compromise antenna
height is more like 50 feet above ground. This height would be optimum for most
radio bands of interest to Ms. Pentel and a true compromise for 20 meter band
operation.
•� .
.
5
In sutnmary, amateur radia operatio� is an earned privilege not a"right°. Rules
and regulations established by the FCC and other gavernmental agenci�s must be
carefuliy'fallowed in order to praiect the privi7eges of amateur rad�o. Laca1
regulations such as zoning ordinances are rules that must also be f�llowed or
changed. {In this case, a fair campramise can be offered, by the City such as
(limiting the aritenna height ta 50 feet. �
�
.
�
i
�
}
i
f
7320 f3ALlAGHEH DRIYE
Sl}ffE 1188
JOHN R. DuBOIS
REC�IBTEREO PROFE9SIONAL COMMUNICATIpN3
CONSULTINO EM�INEER
FAX
EaNA, MN 55�35
t
�
I
4ctober 2, 1994
�
�
Mr. Thomas Lawell .
Mendota,Heights City Administrator
1101 Victoria Curve
Mendota �Heights, MN 55118 �
Oear Mr. Lawell: -
�
,
This letter is a brief follow-up to our meeting an September 6, 199
the rad90 tower controversy (Pentel Variance Application to Erect Ante
with the Mayor, Gity Council, Mr. Geoffrey Jillson, P.E., Ms. Pentel'
John Bellorrs and other interested persons. The purpose of this 1
clear up a question from one of the Council Persons and to respond t
statements that Mr. 6ellows made about me and rtpr Report to the City
the September bth meeting.
First, a council person questioned my use of the word "Semi-techn�
title of rt�y Report. As you know, I was hired by the City
commun i cati ons engi neeri ng advi ce an thi s i ssue, not ta do a iechni ca
analysis of shortwave radio antennas, as proposed in the Pent
Appl i cati on . Therefore, my Report i s to provi de studi ed recat�anei
advice,'not to provide infinite details af antenna applications; he
semi-technical report.
;
The two'false comments that Attorney 6ellows maQe ta the City Coun�
a
f
Item #1:
a
He claimed that the Court of Appeals did not order the City t
with Ms. Pentel in this matter, but rather fie claimed tha
ardered the City to accomtnodate Ms. Pentel.
1
Item �2:
I
He claimed that my reference of page 17-15 and Page 17-4
l��n�book for adio Amateurs 1993 Edition was false, non-existE
indicatian of optimum antenna height regarding the Pentel ma
I
i
. a:
s
��
: (81 � 83G-7867
2) 8353540
regarding
a/Tower),
Attorney,
ter is to
two false
°A Semi-
�� on s" at
:al" in the
to pravide
ly rigorous
1 Variance
iations and
ce, it is a
il are:
compromise
the Court
if the ARRI
�t or not an
ter.
JOHN R. �uea�s
2
With rQspect to Item �1, I quote exactly from Page 6 af the Eighth C9rcuit U.S.
Court of Appeals Ruling # 93-i026:
"ApFl�catiart of this reasonabie accommadatian standard, however,
does not require the city to allow the amateur to erect any antenna
sfie desires. I�stead, it requires aniy that the city "consider the
application, make factual findings, and attempt to negotiate a
sat�sfactary compromise with the applicant".
That is exactly what I reported in Page 3, 3rd paraqraph of my Report. Thus Mr.
Qeilaw's contentzan is false.
With respect ta Iiem �2, aitached are the cited referenced pages from the A�
Handbook for Radia Amateurs. 19�3 Editia�, Payes 17-3, 17-4, plus pages 17-14 and
17-15,
Using the technical data of`these pages especially figure 32B on page 17-15, and
Ms. Pentels stateci lnterest in optimizing her DX (Long Range "Nam" Operati�ttal
Performance), n�y techaical expertise indicates that far her praposed Yagi
antenna, the aptimum lteight is atte wave length ar 66 feei aboYe ground, at Ms.
Pentel's stated 7owest frequency of interest. Thus, Mr. BelloKs statements about
thi s aspeci of �rty Repart are a1 sa fal se,
I hape that this letter to you a�d for review by the Gity CQuncil clears up these
errars or false notions presented to the Cauncil by Mr. Be11aWs on September 6,
1994.
I am pleased to be of continuing service to yau and to the City af Mendota
Heights. I w511 attend ihe Ociober 4th City Cou�cil meet3ng, as you requested.
Yours sincerely,
.
n R. DuSois Ph.O.
Registered Professional Cammunlcations Engineer
Minnesota Registration #�7350
J�tD/ jmk
cc: Mr. Eric Nystrom
, ..��, ..
� � <..
actus! round is to makc the surves inac-
-urate t the towest angtes; :pgreciable
igh-fr vo�cy sadiacion at ang2es smalier
t�an a aw degrers is praccicatly impassi-
ble ta obtain over harizontaI ground,
Aba�m S degrres, however, tht curves arc
accurat enough for al! practicaI purposes,
and ma be takon as indieacive of ciie rantt
ca ix c pectcd at a�nglos bctwcen S and I S
dcgrees s
T"!st ffcttive ground plane — that is, thc
p2ane f m which ground reftectioas can
be caiss dcred ro take place — setdam is the
accnai nrfau of thr gronnd. inscead, it is
sevcral inches to a few feet belaw st, da
Tht
ccnter
The o
which
the wi
sian re
the eq
sipate
a curr�
,ia cut
The ol
pared
n�g1a
Condi
'Che
depen
;n tCis
in F'sg.
is incn
incrca
decre �
affecc
ratio
crcase
Icss s
of wo
This 1
crcas
tance
n on the charaetcristics of the sas'i,
i
a aad Votts►ge UtstribotiaQ
e power is fed ito at► antrnna, tha
� erid vetta�!e vacy alon� its ler�th.
c r[ent is mazimum {lqop) at tht
d a�ar�ly uro (nade� at the ends,
p sste is true af th¢ RF volcega 'The
.'does not actually reach zsro at thc
nodts, brcause af the end effect.
n. the valtage is noc uro at ics noda
� of the resistaacr of tho antenna.
nsists of both the RF tesistance of
,e {ohmic resistance) and the r�dia-
tstance. The radiatian r�sistana is
ivalenc resiscancc that wouid dis-
hc powcr the antonna radiates, w'tth
�`nt flowing in it equal to thc ancen-
keat at a curr+�at laap (maximum).
snic resistantc of a half-wav�lengrh
a is ardinarily smail eaoct�h, com-
with thc radistian resistance, ta be
e� for ait praaical pucposes.
ctoc Sizt ;
impedance of she anccnna also
;s on the diameter of the conductor
ion to the wavdengc6, as indicated
3. If thc diametor of the conductor
�sed, tht capacit3nce prc unit lengt�
:s artd the inductana pet unit k:ngth
es. Siace the radiatias� resistance is
i retactvr3y liccte, the decrrased L.IC
�uses thc Q of tha antenna co do-
o that thc resortance curve bccomes
�rp. Hcncc, the antonna is capable
cing over a widt frequeacy range.
;oct is greater as tho diametor is in-
, and is a ptopetty of some impar-
the very high fcequertcies what the
tgth is sarall. !
THE IiALF-WAYELENGTH
AN NNA ;
A undamcntat form of anccnna is a
singl wire whose lengtfi is approacimacely
equa{ to hatithe transmitting wavciength.
Ic,is t e unit from urhich many more com-
plex rms af antennas arc construc[ed and
is kn wn as a dipole anttnna.
,Th lrngth of a half-wave in frec sQace Is
Len h (ft) _ '�92 (Eq. 1)
t (MHz)
Tht ccual length of a raonant half-.
i
�
wavekngth ant�nna wilt not be eacactiy
equa! to tho half wavelength in spact. but
drpends on the thfckness of che conductor
in telation Lo tho wavticngth, Thc reiation-
ship is shawn In Fig. 3, where K is a factor
that must be mnitiplied by the hatf tvsve-
kngth in £ra spaco ta obtain thc resonant
antenne tength. M additianat shartoniag
effcct oCCucS with wire sutietutas Suppprttd
by insulatars at the ends bccause of the
sapacicance added ca the system by tAe in-
suletors (end �fftct). ?he foltowing far-
mula is sufficiently aaurate for wirc anten-
nas fdr frequencia up to 30 MHz.
Lrngth of half-wavc anconna (ft) =
44� x 0.95 s 468 (gq- 2i
f (MHz} f tMHa}
Enamplc: A half-wavt antcnna for 7150
kHz (7, j 5 MH2) is 46817. i 5= 53.45 ft,
or 65 ft S in.
Abave 30 MHz the foltowi�og form�las
shouid be uud, psrciculariy far aatennas
conscruaed from rod or tubing. K is caken
from �ig. 3.
i.ength of half-wav¢ antenna (ft) =
a92 x K �q 3�
f(MHz}
Lengch �n) a 5904 x K (�t 4)
f (MHz)
Example: Find thc length af a half-
wavelength antenaa at ?.8.7 MHz, if chc
antonna is made of �s-inch-diameter
tubit�g. At 28,7 MHz, a haEf wavetength ia
space is
d92 ! 17.14 fc
as.�
from Eq. L The ratio of hatf wavtlesgth
ca coaductor dismecer (changing wave-
icng[h to inchcs) is
(I�.t4 x i2) � ,�11
0.5 in.
From Fig. 3, K= 0.9'7 far this r�cio. 7hc
length of the antonna, from Eq. 3 is
492 x 0.97 � �6.63 ft
28.?
or !b feec 7'/: inches_ The answer is ob-
taiaed directiy in itschcs by substitution in
Eq. 4
5904 x 0.47 � i� 5 inches
28.?
The 3ongth of a half wavciaagch $ncenna
is uffeaed alsa by the prvximity of the
dipote rnds ca ncarby conductivt and set�ni-
wnductivc objects. In pracda. it is afton
necessary sfcer eutdng the antcnna to the
computod length to do some cxperimentat
"pruning" of the wire, lengthening or
shortening ic in incroments to abtain a(ow
:
�
�
�
�
�
�
:
� so � aoo
=o mo
R1�10 Of NR�,i
t0 tOMDYGTOR
Ftg. 3— Etteet oi sntenna
tor haii�vravatenpth rasprtsr
muttiptyinp tactor, K� to D�
spate, hnif-waYetertpth edu
Ttze effect o} coesductGC dl�
leeG-polnt Impedance 4a ah
F4�, 4-.. aesa�se o+ a ai�
sp�cs, tookinp it the pl�tne
aolitl lir1�. It tNo curronts in
dipote a�e not in phcaa, aq�
Datcem wili octur, bna�cen i'�
catcu�atian eourtesy of "An
SWR. This can be dor
pc►wcr chrough an 5C
observing the reflccte
When the low�st SWR
desircd part of att amate
t�a is resotsant at that fr�
of the SWR indicates
match betwcen the ant�
linc. Wi�h fced-tint img+
ohms, the 5WR at resc
btt�rctn i.i:t and 1,7:
averege height that aze c
ducc�vc objects. If ihe
tainable Fs too high for t
rigs, a Trarssmatch cr !i
nttwark may bt uscd
Chapter lb. �
R�distlon Chara�i+
i'itic classic radiat
ancanna is most i,ni
the wire. A figura8
*�nata. a ootnmetafstiy
Dlottlrtp ant�nna parittf
oi: cOmput�ra ia �valti
.. t+lY 130,SB.E� Qii, +i39T t,
Antann� �ur
roI r
:aoo
ro X
sa �
W
so'�
�
ss �
sa �
»
40 �
�ater on tenptA
ah4wn aas a
t1t0 to the iroa
1 {EQ. "i Ot teXtA
er on tho cunNr
hete elso,
r antenno In free
tne Conauctor,
s Antves of the
diatoRion af the
tPattam
:''y
' bY aPPlyinB RF
�R indicator and
!-power reading.
's obtained for the
ir band, tt�r antet�-
�UCRCj/. C`�SC YBItiC
hc qu�tiity of chc
nna and the fad
danccs of 50 or �S
nance sheaid fa.il
for antennas of
:ar af nearby con-
lawesi SVVR ob-
sc with solid-state
,ain�tuc matthing
as dcscribed in
attern of a dipole
parpandicular ta
rn (Fig. 4) can be
rallable proQrasn 1or
on tne App1� 11 Oeries
le itpm 3onqat Soft-
,. Counse, uv.r3wot,
1T-3
'����� ��lTr-,+►��'`
. ��.��`Z+ � p,,�+, � s��j�•� .
�� "�+�••�� �,�, �•�� C.3y�+•�•'►���r
a�:+,`+�i�1;`c�,:t /;:li���';L�"„s�1i
• i:.'��..,,.;,-��.,�1� i � t'�,.•
. ����i`~ �tJ�,1'��-::ri���� ,
ca�
�c►
Fip. !i — At Jl, �fArEItlOrt�SlilY� tO�pOf1�� Of s
d(pols sntenna placed 1� warettnpth tDaiv� s
peRMctry co+naucunp p�nd, anr! 6, tM pat•
ttrn for tM �arrsr anieana whsn !t b stltad to
pns wa�rrrl�nptn �dpht. C atiowr tM aslmuth
pattsms at tM dlpota fat t8N two hmtDAis at
t�» moit l�rorad elevatlan �nIIto, tM so110-Ilne
piot Eor tR� Vi•a hoip�t �rt an elevatlan rnpie
ot 30 �eptw�, ans ths btaken-ilns ptot tar the
1•a Mipht at �r+ elwatlon �npte oi 16 depres�,
(RitNm csloutatioa covReay of `•Annla.y
�ssumat off the broad side of the antenna
(bidirectio�at pattern) if the dipale is
�i4 wavolength or �reata ahove earth aad
is not dtgraded by nearby conducti�e ab-
ja�s. Ti�is assumptian is basod alsa an a
symmecricull fesd system. In praccice, a
c
co�ia! fad liae may discort this pattan
stightiy, ac shown in Fi�. 4. Minimum
harizanta! radiatian accurs off the eaQs of
thc dfyak. This discussion applles to s holf-
wavelength antenna that is parattci to Lhc
earth. If the dipatc is erectcsd Yertically.
howcYer, unifarm radistion in all compass
dirc�cttoxu wi11 result in a doughnut pattern
if it coutd be viewed from abave the
anttnna.
Many btginnerx assumc tbac a dipole
�sntennx wiil exhibit a braadside �attero at
any height abave �round. In faa, as thc
�ceana is braught cloaer to graund. thc
rndiaticn pnccern deteriorates until the
anteana f�, for ihe most part, aa omnid'srca
ti�4 Ch�pur 1T
a�x x vf
�'— �c�Hs� i
300-a hh-Iw0 Ploytk
°' •sa+a..�tan•
oP.r+-.w cu,. eiod�
{uy to e' spaeMy}
300-G T�M Udd
(ony tatiqu?
Flg B--Canstrucrlon detaiks hx a tolded•
dipa�s �ntanna. N twln lead Is used as tne
dlpote nnd tqad Ilne. Twa pieoea o! ptasttc
tprm a"esndwlch" Center in6utator to hotd
tfie conductor )utyctian oecute. W�en twin
lend Is ueed for the Nat top, tAe two
tiet-top e4nQuetors ehoukf be ehorted at
Yt J� x 1(P, eki ahovsm.
�� • •N�Lf �'ivELLHOTN---�
SOt,CER ` 546DER
wo.,z ow ixsv�aroR
{� wiRE t�Au* �NSti�ATltt6
•LOGr
73-11 tINE
P1g 7—MethOd of af(fxing feed Ilne to the
aenta�r of a dipote orstenna. �► Dtastio Otack
ia uaed as a CaMgr 'sr►autator. The coaz I�
neid in place by menns oi e metal clamp.
Uee a b�tun ta 1esC dipofe antennas. See
teM ebout "Satuna."
tion�.l rtdiator af high-angle �+avcs, Mu►y
ue tttsspced ta use tnY cenvenitnt hei�ht,
suci► as 20 or 30 feec above gronad, for an
84-mccer dipolc, onIy to leara chac chc
syscem is effe�ccive in a�I dixectioas over a
re]ativciy shart distance {aut to S00 or i00U
sniles under $ood condidons},
It can be scen from this that height atwve
ground is important for a hosc af re�tans.
F`ig. S sliustsates Cleerly the advat�taga
�ained from aatencw hdghc. The radiation
angle of Fi�. SA is 3Q daarees. whereao at
a htight of oat wavelength {Fig. 58) thc
lobes split and thc lawer anes provide i
eood DX-cammunications as�gle of 13
de�ras. Tht dicecdvity of the antenna at
cke twa heights is shown in �g. SC. Thc
solid line shows the uimuth paacm ac a
radiation angle of 30 degras for a h-1►
dipote height, and carresponds to the plat
in FiY. SA. The broken line shows the pst-
tetn for a radiacion �nglc of IS degrees and
a I-3� height. eonespoadinE to thc piot of
Fig. 3B. �g. SC iliustrates thac thcre is
si�niticant radi�tion off thc cnds of a low
horizoncat dipok, �ven ac the mosc favared
eZavatian angt�. For thc h-J► hcight (solid
lia�}, tb�e radiatlon off thc eads is oniy 7.6
dB lower chan thac in che braadside
dlration.
'Itzc highcr angte lobcs af che gactcrn af
Fi�. SB (50 degrea) aro uscful for short-
haut communicacions and comparo
favorabiy in practice vrizh the lobc angie
shown in FSg. SA. At heiQht�t appreciabiy
lower cban �4 wavetcn�th, the loba neigle
becamt,s hi�her. Bventu�t2ly tke ewa Iabca
coaverg� to exeate th� di�crece "ball af
radiadon" whlch hes s very high.u�gte
aaturo (poor for ioa�-distanro
C07flII1ttti�Citi8115}.
Fad MeWad�
Most uriatturs use eIther coauid cabie
(coax) or apen•wirc u�nssmisaion line. Coe�c
is the wminon chaice becausa; (1) ic's rwd-
ily avaitable, (2) its thuacttt3stic im-
pedance is cicse to that of thc aneeana and
(3) it may be easIly routed through or aloag
walls and emong ocher cabtos. 'i'ho disad-
vanta�a oP caax ue: inutasad RF Ioss and
!aw warlcing .voltage (compared io that of
open•wice line}, Both disadvanc�ges m�ke
coan a poor choia for high-SWR syattms.
Take care when choaafng caax. Uss
2/4-in foam-dieieetric cables eNy for low-
pow�r (25 W or tess) tiranxmissIaac. Soltd-
diet�ctric 1/+t-in e�bles are olcay far 30Q W
if the SWR is law. For hlgh-po�er lnstal-
latIoas, use 1/t-in or lsrger cabla. TY coAx
is acneraliy unsuitable fot amatcur uRe be-
cau5e appropriace cartnsctars ue tzpens:vt
and dif�cult to procure.
'fhe mosc cammon cwa-wire uansmis-
sion lines are open-wire line and twia lead.
Since the condactors arc ttot shietded, iwa
wire lines are affcttod by thsir environ-
ment. Usr stsndotfs and insulacors w kaep
tht iine severat inchex from atruanres ar
acber conduaors. bpen-wire line has
s�llmosc no lcu (cwin lcad has a littla morc),
and it ean stand vcty high vottages {SWg,}
sa ]cng as the insuiatcrs ara cIeaa. A foided
dipale and iu fad !i� san be made encirely
of 300-f� twin lead as shown ia F'ig 6.
Twawire Iina ate usually baJanced, so
chey should have a balun at zhr transitlan
to an unbelenced transmitter or coax, A
Transmacch will probably be needtd to
nnacch th� Iine input impedanee to the
transmiiter.
Balunr
Becanse dipoIes are bvlancx�d (etatrieatiy
symmetrital about their feed points), a
balun should b� �ed at the fad point wben
a dipoIc is fed with coax,
When casx fec�s a dipote dircctly {as In
Fig 7), curtonc flows on che autside cf the
cablc shield. The shietd can conduct RF
anta the cransmitter chassis ead iaducc RF
anta metal abjcccs near the system. Shield
curr�ntx can impair chc function of inatru-
ments eannected to the Hne (snch �s SwR
meters and SWR-pratection circuits in she
cransmiccer). Thc shie[d cunenc also
producas fecd-Iine radiation, which: (1}
changes the antortna radiatian pattern, artQ
(2) allows objeccs near the cable to affecc
the ancenna-syscem performancc.
The conscquences may be ncgtigibEt: A
sl;ght skcwing ot the anunna patcera
usually goes unnoticed. Or, they may be
significant: Faise SWR readings may cause
'th��transznitter:co shu� down ar dcstroy che
.:� . �,. • .
f
«
1
�
�
t
�
fi
�
El(CT11IC�4
�/a ON tO�C�
FRLOUEItCY
i�
Ttt�P
u� a. ��onea
f�eovcwtr
Flp. 3! — A two-band trao yertical antenna
rn. u+�p �nou�a d. traon�t+e a. a wran.i
rosanant otroutt �t the o�nter oi tt+� opontinp
r�tnpe for the h1QMr ttrauen�cy D�r+d; tYpicat
campanent reaet�ncoa ranpa tram top to 3po
o!'ima. �lt tRef lawsr tttQu,encY t�tlt ttsp wIH set
sc t lostltnq Inductor, addiryp alectrical lenp�h
to !n� toia� antenna.
Wtcea property dtmmsiuns do not atfflw
a ciassic instaUation af equalfy spaced
radial wira, thty c8n bc ptqcxd ia thc
�cound wherever space wiII pormit. Thcy
may run away from che antenna in only one
ar cwo compass directians. Resulcs wiU still
�xcecd thosc of whcn no ground system is
used.
A single �ronnd zod, or grou� of them
banded together� is seldom as effsctive as
: ccllection af rs�dom-itngch rad�st wires.
[n somc instanccs a groap of sl�art tadial
wiree can be used in combinatian w#ch
gaund rads drivai into the soil noar tisc
base af the anuenna, Beu in miad. though,
that RF curronta at MF and HF sctdom
peneirata ttie earth mora than se�+tral
inches. "Ihe pawa company gound car► be
tiM in� aad if x mstal frna skirts tho
propetty it cen slsa tx used as part of tht
graund :ystem. A goad rula is to use
saything that will servt sts a grauud when
de�eIoping a radisl graand system.
Ai! radisl wi�res must be conntcted
together at the buG of thc vercicai antcn-
ne. Thc eIectricat bond necds to be af tow
resistance: Best results wilI be ohuinai
wfien tht wires are soldaed cogcther at the
junction point. When s groundcd �erticaI
is uscd, the p,round wittis ahould ba affixad
securely ta che basc of ct►e driven element.
A lawn edginY tool Is excellent for cuttiag
slits in the sai! w!►en layittg radial wires.
i
1'rrp Yerticde
P,ttiiouj�h a full-sizo, siagle-band aatcn-
na is tnarc tffcctive thsn a lumpod-constant
ono, ttstrc is jusd�catian foz using trap
ty�es af mniribaad antennas. T'he conccpt
is �specielly usefuI io aperetats wha have
li�aited antenna spa« on their property.
Mutciband campromIse antennas arc also
appealing to persons who cagage in par•
ta6Ie operation and are nnwiliin� to
transport large amounts of antenna bard-
wate to the field,
Tho 2-band ccsp Vertiut! antcnna of Fig.
31 opers�tes in tnuch tha samt mac:ner sa
s ttap dipole or trag-style Yagi_ Thc
natabk diffrreaa is thac chc vorcical is anc
hatf af a dipalt. ii►a radia! sysccm (in-
grovnd or aborc graunci) functians as a
ground ptane for tDe antenna� and
reprotencs the missing hztf of the dipote.
Thcrcfore, the mora eff��tive the ground
system� the bottec the antonna
performana,
Tnp verticals are adjusted as quarter-
x+avelength radiators, The portion of the
�rttent�a below the trap is adjusttd u a
quarttr-wave2enYth radiator at t2►t highct
prapased OperntiAg frequcsicy. T'h�t is, a
20lIS-met�r tr�p restirai �vouid 'be a resa-
nant quarter wave2enQth at 15 maters fram
tha fied painc ta the trattom of tht trap.
fihc trap �nd that pottion of thc satonna
abave the trap (ptus the I S•meter section
Delow the u�p) constitute che eomplcte
anueana during 24-meter operatiott. Buc
because the trap is in tbe circuit� the o�erali
phyaic�llrn�tA of thc vercical ancenna will
De slightly lsss than thac of a singlo-band,
fuii-sizt 20-meter vertical.
Tr+aps
The crap functions as efie namc implies;
It traps the 15-meter cnergy and con6ncs
ic to che p�rs af cha ancenna beiow ehe trap.
During 34;mecer opetadon it allows the RF
energy to reach �1! of the antcnna.
Thzrefore, thc uap itt this exatuple shauld
be tuncd as s yualld msonnnt circuic to
22 MHz. At this t'requcncy ic diroras tht
top stxtion of ttse vGrucal from thC Iower
uctian becavse iz presents a high-
impcdana (barriat) at 2I MHz. tienera3-
iy, che trnp iaductar and capacitor hsve a
reactance of I00 t4 300 ohms. Within that
range it is aat criticat.
Ths crap is built and ac�justed sepa[ate-
1y from the antsnna. It should bc resoaatcd
mt the centcr of the portian of tha band to
be aperated. ?hus, if one's favorito part of
thc IS-metcr band is bttwxn 2t,40Q and
21,I00 kHz, the trap wpuld bc tur�ad ta
21,030 tcHz.
Resonanoe is chccked by urin� a dip
maer and dacecting che dippec ai�nai in a
catibrated rec�ivcr. Once tht crap is ad-
justed it can be installed in the antcnna, and
no further adjustmenc wi1I be rrquired. It
is c�ssy, how�ver, to be �uicled aftcr che
system is as3e.mblad: Attrmpu to chak the
crsp v+ich a dip mCtor will suggesc thac the
trap has moved mucn lowcr in frcquency
(npgroximately S MHz lower in a
24/tS-mecer vertical�. This is because tho
crsp has becamt absorbod inco che overall
Atitenit8, atfd LhC tCsttltaiiC tG'sotlBtiPe iS t118t
4f C�iC EOLBj
phenamenon.
MuiYrband o
bands is quite
ptopriatc numi
cions. Thc car
ptocedure is t1
numi�tr af bani
quaYcy crap is a
of che antenna,
quency uap is �
f� point. As
s
pragtessivdy to+
tubing section�
of the attttnna,
The trap aho
prevent moiatur
coatSn�s of hi�h
a: PatYStY� C
nativeiy. a prot�
tubing can 6e aE
pletioA. Tht coi
bC Of high diela
taough ta susta
tivind. �
The trap sap;
withstanding t�
8�oss �t, r�C �
will depond on t
transmitter. Fixi
tin�g capacitors a
tevels if they ar�
�oIcs. A IengchQ�
coax cable can �1
ii10 WflLts. {Ct
gicofarads per�t
bCfore cUtcing it
RG-11lU cable
irap cc�p�citor a
wacts. The adva
Is that ic can h,#e
tile trap cspaci�
I�ncre this
�ratian for thrx oc four
'actial by usin� thr ap-
; of traps and tubinQ sec-
ruccion and adjuscmrnc
sam�, regardlGss ot thc
aovetEd. The highest fre-
ays doscst to tfi� faod ead
nd the ncxt to lowest fre-
�sys the farthest from tlu
e operating frequency is
ted, morc uaps ar►d mors
ecome s fnncciona! pact
td be wcatlsuproafcd ta
frora dduning 3t. Stvecsl
[ittectric tompound, sttch
Dape� ue offectiva Altcr-
tivc steeve of 6eat-ahrink
�tied to the coil aftcr com-
form for the trap chould
ric qaslitY and be rugged
� stress during periods of
�citar must tx c�pablt of
e RF vulcagt deYtiapcd
maunt of voltagt preseut
ht ojxraiing powtr of [he
d-vttina cttamic trsrfsmit-
re suicabla for most pawer
; rsted at SOQO to lO.OtiiO
�f RG-38/U or RO-i9N
�e ustd successfully up co
eck to sec how many
�ot your Cablc is ratcd et
fur tt►c trnp.� RG-81U or
i4 FGCOtniriCDt�Cd f0! the
, powers ia e�cccess of 24Q
icage af osing tau c�ebte
trimmed easity to adjust
I arge-diamet�r capper magnet wire is
suggested for che trap coil. The heavia the
wire gauge thc lawer the crap losses and the
higher the Q.� Thc largtr wire sizts wlll
re�iuco coil hdttinA.
YAGi wND 1
A3�i?&NNAS
Most of the
this chapur h;
ty more. For t1
and d'u�ctivit7
Yagi-Uda or ;
band beam a�i
monly c�lled '
ferted to as�
varnacular.
Mast opera
antcnnac far 1
ciiey can ix usi
rays as weli me
by 9d°. In e1
turaed oD its'ai
numbcr ai elei
on the gain clt
the suppoRin'�
rey 9afely. Mo
tory results �r
. , besm antenna
, . . •
1�-t� Ch�pfir 1T ' ' '
DIRE�TIYE
�ntennns desaribtd esrllet in
re unity �ain or just slight-
e purpose af obttinin� gaic�
it is convtniont to use the
ubical quad types af HF-
enna4. 'T"hc fotmer is com-
Yagi and che latter is re-
st quu�a�d in che nmacevr
tars prcfer ta cras thue
ori�onta! polarizatian, but
d as vcrticaily potaiizat ar-
tiiy by roudng tha eltmsacs
Ftct, the beam atttonns is
3C fOf vCCSII� pOlBflty. �}IG
ients empToyed �vtil depend
sirod and tt�c capahiticy of
structure to contain the u-
ry nmatcurs obcain satisfs�
th only two ekments in a
while o[hers hav� several
FIQ. J2 -- Etavatlon-pisne respan� of a thna•
.remanc Y.,p� pr.c.a v. wa+re�angm.bov�r a
petfset �round (Aa and iHe aame �rttenna
spattad ate warelenp!!� a4o+re 4roun0 f6}.
Paltem caloutaiWn� oourtiar oi "Mnle." �
etemeats operacing far a cingk s�m�ccur
band.
Rogs�rdtess of the �umber of �lemoau
used' the heighc.above•gruund cansida�-
tians discuased sarli�r far dipoIe ancennas
rtmotn vatid with respecc to ths anglt a€
radietion. This is dcmonstratad in Fig. 32
at A a�nd $ watrt s comparisod af ladia-
tiop chatartaistia is given for a civa-
tlerilent Yagi �t one-balf and anc
Wavelength z�ove a pafectIy rnnd�uing
ground. it caut Oe sotn th�t t6e 6igher
amrnnas {Fig. 328) has a lobe ihat is morr
favorrtble far DX wark {roughly 15 � thea
the largec lobc af Fig. 32A (appro�cimatety
30'. Thc pattern u$ showa that soma
usefUl high•attg�e radietiun ezists atso, aad
ch� hi�her iabc is suitable for short-skip
eont�css whca PropaBatian aanditions d!c-
tstC thC Rtbd_
A freC-spncr azimuch pactarn for the
te�me antcana is providcd in Fig, 33. The
b�ck-lobe putern raveala ch� moat of iho
pawa 3s cananuatczi in che fazward lobe.
1h� powu diffcrence dictates the front-ta
back ratio in dscibeis. It is infrequent that
cwo 3�stanent Yagia with diffarcnt demrnc
spacings wili yield cht same labe patterns.
Tha patuxe of F'i�. 33 is shown only for
iltuatrasive purposes.
Par�itk �ccttsdan
In moet af these arranBemants the addi-
tionel atemcnta recttve powtr by iaductian
or radiadon from the driven elemcnt and
rdradtett it in thc pmptr phesc relatio�ship
ta give che desirad effect, Thesc tkmct►ts
arr eeitad parssitic tletnemLs, as contrasted
to tho drtven timtents, whirh raoGivc po�wsr
directly frcm t�e tcanamict�r through the
treu�,mission line.
'The parasitic etement is called a direc-
tor when it reiafarcta radiadon oa a line
i3ee fcomot* � a�nR�r tn inta anaptar_ �
paintin� to It hnm the dtiven oiement, und
a refiacar wheu xhe reverse i� chc �case.
Whether tha puaside tlement is a diriector
or retieaor dependa aa the perasiac-
tleaamt tuning* which usualty is adjustod
by cAangIng Its tength.
Gatc t!. 3padn=
'ftzt gain of an anceiuea with parasitic
el+munu varies rritl� the spacin�g and tunin�
of the atemenu. ThuR, for any given
sPacinB. there is a tunin� candidon that will
pvo muximuai btin at this spadng. The
maXirnum front-to•back ratia seldom, if
evsr, oocuts at t6e aame aondition that
�ives me�cimtun for�vud gain. Tha im-
pedanoe af the drivcn etement also v�ri�es
with the tuning and spacittg, and t�►us the
anuenna �ystare muss 'be tunecf to its flnai
candition btfort tt�e match bctwarn tht lint
astd ttu antet�a�t can be oompteteci. "ihe
tunia$ and u1atching ma,y inttract to sama
raccent. hawever, and it is nsunlly nerrssa:y
to run chrauQh the ad�justmenu xeversl
time� ca ensus� chat th� bat passibk curi�sg
nas boen abt.�insd.
T�'o•F]eaisat Hesma
A iwa-etr.taent be�m is useful wher�
spta or athar consideratioac prevent ch�
usc oP tttc larga suuccwro rcquired for s
thrce�eltmtat beam. 'ih� gtt�eral practice
ic to tuao the puaaide etement as s reftec-
tor and space it about O.iS wavaleng�h
from thc drivrn elcment, slthough some
sucassful ancenaas have ixen built with
0.1-w.�vcicngth spacang and diractor tuning.
Gain vc. deinait apaCing for a twOelarieni
anunna is �iven in Fig. 3< for thc spccial
case vrhec�t the parasitic ekmenc it resonant.
It is indieativc of thc performana ca be
expoctcd under maximum-gain cuniag
conditions.
T6t+ee-F,lement ikams
A theorexic�a2 invcstigadon af the throe-
elemms caao (diroctor, driven elemrnt and
teflec[ar} tsns indicaud a mw�imum gain af
slighciy more thw � dB. A number of dc-
perimencai iave�ti�atiane has s�own chat
che optimum spacing brtwxrt tfio driven
elemtnt arid reflsctor ia in thc region of
0.lS ca 4.25 warelangth, with 0,2
vravelength representinY probably tho bcsc
ovetalt cboice. With ti.2-wavtkct�th nticc-
Fip. 33 — AtimutA-plane pattem ot s tt�no-
el8mant Yapi tn inee tpaCa�. Pattern calculaHart
aonrtsaY af ��Aanle.'•
Fip. 3t — Gsin ra. stsment apaclnp to� u�
�ntenna and ona parAettk etimeni. Tt►1r
titatenc� pdnt, 4 d9, ls tM f!!!d stftnQt�
i�ORf a A�lf-tvave intMnt iia1R Y1ii QriYfeat
yaln la la the tliractton A at spsctnpa of te:e
tNan O.t� wavei�nptn, snd 1n d{r�ctfon B at
�rostar apacinpa. Tna trone•ic►baek ratb is t�e
aiffarsnca trt a�cit�sto D�twean aurYss � ana
B. Yar1sllon {n r�d[ation rost�tmnto of the
Qriran etamant k alw sherirn. 'fhoae eurvoe
ara ta � salf•resonant pansittc Nem�M. At
most apulnQ� t�ss Qsin sa a rall�cRar can 6e
lnen�d by tlight ter►pm�ninQ of the
paraettk at.ment; tM y�ln ss a Olrecta can
e� tncr�aa�6 by s�arteninp. Th!a atsa tm-
ptor�s tM ftollt•taD�cit ratlo_
tor spacin�, F�. 35 :howx the�t the �ain
variadon wlth directar spacing is not
especialiy cr{tical. Alsa, tt�e overall length
of the attay (baam icngtls in the case of a
rr
Fig. 3b — Genera! relaCionship of gain oi threa•eisment Yagi veraus Glrector spacin9, the
refleCUN being (ixaQ at 0,2 waveianyth. , ,
� � '��`An#�nna Pundainenteis 1T•1S _
j `10/ 4/94 16:31 FAX 612 452 8940 MENDOTA HEIGHTS
��a:x��x�x:�:���x�s:a:�����r.�xt��
��� ACTIVITY REPORT x�s:
�
�x��:��xr.*xs:x.x�:��s:x��:s�:a:s:x:�x
� � RECEPTION OK
� TX/RX N0.
t
' CONNECTION TEL
i
' CONNECTION ID
, START TIME
; USAGE TIME
PAGES
� RESULT
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n
0517
10/04 16:25
05'19
7
OK
:;� .
l� 001
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To: I
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From: f
�
Subj ectl:
1
DISCUSSION
�
CITY OF MENDOTA HEIGHTS
MEI�ZO �
September 29, 199
Mayor, City Council and City
Administr o
Kevin Batchelder, Administrative Assist �
Case No. 94-24: Kern - Wetlands Permit and
Mr. Kerry Kern appeared before the August and Septe
Planning Commission meetings to request a Wetlands Permi
Front Yard Setback Variance to allow construction of a s
family home at 531 Marie Avenue. (Please see attached
Application, Planner's Report and September 22, 1994 sta
,
The original application included a proposal to fil
ft. of wetlands, a proposal that would require State and
approval in addition to the City's Wetlands Permit. A m
plan, prepared by a certified wetlands biologist, would
required for this proposal, and the Planning Commission
the hearing on this application until their September me
Instead, Mr. Kern revised his grading plan and chan
proposed alignment of his home to avoid the need to perf
fillinglin the wetlands area. The Planning Commission r
the location of the home to the wetlands and the site pl
recommended that an erosion control plan (silt fence) be
implemented.
The Planning Commission felt a front yard setback va
of ten feet was appropriate to move the home away from'th
wetlands. This would allow the home to be setback forty
(40') from the front property line. Fifty feet (50') is
in the R-1A district. The deck at the rear of the home i
proposed to be twenty three feet (23') from the wetlands.
�
RECOMMENDATION
f
The Planning Commission voted 7-0 to waive the requi
public liearing. The Planning Commission voted 7-0 to rec
that City Council approve a ten foot (10') front yard set
variance and a Wetlands Permit to allow construction of a
family home to within twenty three feet (23') of the wetl
proposed on revised plans dated 9-27-94, with the conditi
a silt fence be required for erosion control.
;
�
i
I
�
1
iance
er
and
ale
f inemo.)
972 sq.
ederal
igation
ve been
ntinued
d the
m any
iewed
and
iance
eet
equired
�
�ack
single
�nds, as
>n that
F
ACTION REQIIIRED
Meet with the applicant. If the City Council desires to
implement the Planning Commission's recommendation, they should
pass a motion to approve:
1. A ten foot (10') front yard setback variance in the R-1A
district; and
2.. A Wetlands Permit to allow construction of a single family
home to within twenty three feet (23') of the wetlands, as
proposed on revised plans dated 9-27-94, with the condition
that a silt•fence be required for erosion control.
�
�:
September 29, 1994
C lty O�
1Viendota Hei�hts
Mr. Rerry Rern
189 £ast Moreland Avenue
West St: Paul, NIlV 55118
Dear Mr ` Kern:
�
i •
Your application for a Wetlands Permit will be conside�
i
City Co�ncil at their next regularly scheduled meeting, �
be held.`on Tuesday, October 4, 1994. The Council meeting
7:30 o'clock P.M. here at City Hall in the Council Chamber
,
f
or a representative should plan on attending the meeting
{
that your application will receive Council consideration
�
If you have any questiona, please feel free to contact me
Sincerely,
�
�� i3
Revin Batchelder
Administrative Assistant
RI,B : kkb '
�
Enclosures
f
t
�
�
;
1101 Victoria Curve • 1Viendota Heights, 1ViN � 55118
i
by the -
ch will
�rts at
. You,
1 order
• 1850
�
�
FROM:
CITY OF MENDOTA HEIGHTS
i�'�C�]
Planning Commission
September 22, 1994
James E. Danielson, Public Works
Direc
SUBJFCT: Case No. 94-24: Rern - Wetlands Permit and Variance
DISCIISSION
At the August Planning Commission meeting, Mr. Kerry Rern
••� presented his proposal to construct a new home at 531 Marie Avenue .
The proposal included filling approximately 972 square feet of
wetlands. After a lengthy discussion on the proposal and on the
possibilities for granting an exemption to allow filling a wetlan.ds
area, Mr. Rern presented a.n alternate house plan with a smaller
footprint. The Planning Commiasion then continued the request to
the September meeting to allow Mr. Rern time to submit the
following information concerning thi� new proposal:
1. A mitigation plan performed by a certified wetlands
biologiat.
2. An erosion control plan.
3. A site plan that includes a deck or other future
improvements that may be extended towards the wetlands.
4. A landscaping and restoration plan.
Since the August meeting, Mr. Rern has more accurately located
the wetlands boundary flags that were installed by a Dakota County
Soil and Water Conservation District Hydraulogist. With this more
accurate boundary and Mr. Kern�s new home design, he no longer
needs to fill any wetlands (see attached revised drawing). Because
he is no longer proposing to fill any wetlands, Mr. Rern does not
need to submit a mitigation plan. He does need to continue to
address erosion control,�and if Mr. Kern would agree to install a
silt fence along the disturbed areas adjacent to the wetlands, that
could constitute the erosion control plan.
He has added a proposed deck and storage shed to his plan.
The shed shown is in excess of 144 square feet and the size will
either have to be reduced or a variance granted. The setback for
the deck is shown at twenty-three feet (23') from the wetlands and -_
the shed at ten feet (10') from the wetlands.
�
,
i
i
Mr: Rern's landscaping plan is to simply restore a gra
area. �
I
ACTION RE4IITRED
,
�
�
Review with Mr. Rern his proposal and m�ke a recommend
�he City', Council an the follo�ring:
�
1. � A ten foot (10' ? iron� yard setback variance (fo
(40' ) versus fifty feet t54' } required in R-2A
1
2. ; A permi.t allowing the construction of a home �wen
' feet (23' ) from a we�lands .
i -
3.� A permit allawing the construction o� an a
} structure ten feet (10'} from a wetlands,
�
JED:kkb �
�
i
�
�
1
,
,
;
�
;
r
� .
i
�
,
sy lawn
tion to
t�r feet
�ning} .
�- three ,
�essory �
�
�
C lty O�
.�. � . 1Vlendota Heights
August 26, 1994
Mr. Kerry Kern
189 East Morela.nd Avenue
West St. Paul, NIl�i 55118
Dear Mr. Rern:
I am writing to formally notify you that the Planning
Commission, at their August 23, 1994 meeting, continued the public
hearing on your r�queat for wetlands permit and front yard setback
variance. The Planning Commission continued the public hearing
until September 27, 1994 in order to give you time to meet with
City etaff and prepare a mitigation plan.
The Planning Commiesion requested tha.t the following
information be submitted prior to its meeting in September:
1.
2.
3.
4.
A mitigation plan. performed by a certified wetlands
biologist.
An erosion control pla.n.
A eite pla.n that includes a deck or other future
improvementa that may be extended towards the wetlands.
A landscaping and restoration pla.n.
I would encourage you to meet with City Engineer Jim Danielson
in order to discuss how you might possi.bly limi.t the amount of fill
in your proposal so that we can avoid the need for a mitigation
plan and approvale by the Minnesota Board of Water and Soil
Resources and the Corp of Engineers. If your pla.n can be designed
to limit the fill so that it is outside the wetlands area, you
would only be required to receive City of Mendota Heights Wetlands
Permi.t approval.
Should it be determined that only a City Wetlands Permit is
necessary for your proposal, then the submittal of a mitigation
plan will be unnecessary. Should you have any questions or
concerns, please contact me at 452-1850.
Sincerely,
��
Kevin Batchelder
Administrative Assistant
RLB : ]tkb
cc: Jim Danielson, Public Works Director
1101 Victoria Curve •1Viendota Heights, 1ViN - 55118 452•1850
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September 23, 1994
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Mr. Kerry Rern
189 $ast Moreland;Avenue
West St j Paul, NIl�T 55118
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Dear Mr. Kern:
f
Your appliea.tion for a Variance aad �etlands Permit
considered by �he Planning Com�ni.s�ion at their next
scheduled meeting, whieh will be held on Tu.esc�a.y, Sept
1994. The Planning Commission meeting starts a� 7:30 o'c
here are City Hall in the Council C`hambers. Yo
represen�ative should pla.n on attending the meeting, in c
your applica�ion will receive Cammission considera.tion.
=f you ilave any questions,
!
Sincerely,
�;t,�,...� ���,�L�..SL
i
Revin Ba.tchelder
Administrative Assistant
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11Q1 Victoria Curve •�Kendata Heights, It�i� • 55118 �52•18�Q `
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�\t:�INI•/1H4 i l li
CORISULTING PLAT�NERS
LANCtSCAPE ARCFiFTECTS
.iQO FIRST AVENUE• NORTN
SUlTE 210
R4INNEAPOLtS, MItiT i-i-Etil
! 12•.'�39•3:i0q
PLA►NN1C1vG REP4RT
DATE: '
C�?►SE NO:
APPLICA.►NT:
LOCATION:
ACTION I��QITESTZD:
PREPARED BY: �
PLA1vNTNG CONSIDERATI4NS
Background �
Au,gust 28, I994
94-24
I�erty Rern
Praperty Owner, Itussell Wahl
500 Block
R�'arie Avenue
Front Yard Variaace and Wettands
Permit
C. 7ohn Uban
The Kern's are proposing to constcuct a. single family home that is not only within 1Q4' from the
wetlands, but the development ofthe lot requires the filling of appra�mately 9�2 s.£ ofweKlands.
The City afMendota8eights had previausly approved wetiands pernuts to fill this properiy in early
1978 and again in 1981. The original wetlands permit granted to Mr. Vt�ahl was far a fi�iing af the
wetiands in a mare extes�sive fashian than what is being praposed with this application This original
�PPlication allowed the fitlir►g of appro��mately 5,440 s.£ of w�tland. Mr. 'UtTaht was incrementally
filling this property, when in 1981 was told to stop filling on a pier�e meal basis and complete the
project in total at some future date.
In essence, the hi�ry afthis praject is the C:ity had originally granted a weitands pernut to filI in this
area, and what the cutrent applicants are proposing, is less fill than was ariginally approved. The
adjacent property awner, Mr. Rrajni� had also obtained a. pea� and filled wetlands on his properiy
so that the lot could be built upon.
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Case Number: 94-24
August 18, 1994
The owner and his representatives have talked to City Staff several times in the past
the process in which to finish filling the wetland under the continually changing wet1�
In May, 1993, Steve Kernik, an urban conservationist for the Dakota County ;
Conservation District, performed a wetland delineation for Russell Wahl on the s�
That delineation is included in the attached site plan, but the delineation has not be
recommended in Mr. Kernil�s letter. The Consetvation District letter also indicates
would be irequired according to the Wetland Conservation Act of 1991.
+
In August, 1993, Bruce Sandstrom, of the Nfinnesota. Board of Water and S
commented on the possibility for an exempfion for filling activity on the site. Ac
Wetland Conservation Act, there is Exemption 24 which allows for ihe completio:
approved activity. However, there must be some deternunation by the City that t
continued to within five years or sometime after July, 1986 and would have bee
continuation of the development of the property.
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As pointed out in Mr. Sandstrom's letter, the pazcel is platted with street fronta.ge and i
the parcel, and it appears that the lot has always been intended to be developed. H'is re
is if fill is allowed, the unpacts should be kept to a minimum. Also, wetland mitig
required at a 1 to 1 ratio and fill removed on the site that was in violation of the :
believe this was an area on the eastern portion of the site, but it is uncertain without i
of permits and a surveyor's confirmation of existing conditions in the impact area.
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The City is considered the LGU and is responsible for the review of the wetland fi
mitigation proposal. A pernut will also be necessary from the Corp. of Engineer,
reviewed by Dakota, County Soil and Wate�� Conservation District and Nfinnesota Boaz�
Soil Resources.
Exemption 25 allows for filling activity of up to 400 s.£ per year per land owt
accumulated effect nat to exceed 5% of the wetlands area. No calculation has been
the proposed fill would fall within this exemption based on activiiy over severa
calculation would have to be done by the owner"s consulting engineer.
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Additional information would be helpful in this case indicating proposed erosion co
mitigation plan, and landscape plan for the proposal. These items would be cons
conditions to a wetlands pernut that included wetland alteration activity.
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In review of this case, the Planning Commission may consider waiving the public he�
required signatures were obtained.
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a
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Front Yard Variance
I
The subject properly is zoned Rl-A which requires a 50 ft. front yard setback and a:
setback Overall, the homes along Marie Avenue are setback between 40-60 ft. from Z
The requested variance is for a 40 ft. setback to move the proposed structure 10 ft. clo�
Page 2
uiring about
regulations.
. and Water
�t property.
surveyed as
�t mitigation
il Resources,
ording to the
of previously
s acctivvity has
considered a
serving
should be
pernut. I
ed review
proposal and
which is also
of Water and
r. With the
iade to see if
years. This
wetland
. normal
as all the
ft. side yard
uie Avenue.
to the front
Case Number: 9424 Augrrst 18, 1994 Page 3
portion of the Iat to minimize the impact an the wettand area in the rear of the properiy. The
submit�ed plan shows a locatian for the home that was generally discussed with the applicants during
City offce hours. The home has been movett from the center portion of the properiy to within 20
$, of the westem edge. This places the home in the area le,ast impacted by the wetlands. The 10 ft.
variance ta the front yard allows flexi6ility to minimize the unpact to the wetiand system.
Because of the owner's generat filling activity ihat was pernutted by the City in 1978-1981, there
apgears to be a concurcence by past City actions that this is meant to be a developable iot. The
applicaats who are purchasing the property from Mr. Wah1 are proposing iess fill and requesting the
variance to meet the wetlatid requirements as they e�rist today.
The progosed variance woutd not have a detrimentat impact an the surroundiug properties nor wilt
ait impact the saife mavement of tra�ia on Marie Avenue. The variance wauld not create a
development out of character with the scurounding neighborhood.
'Wettand Permit
The applic�ants are proposirtg to f�tl a gort'ron af ihe weitand to allow consttuction of their hame, The
propased grading plan also shows the filling of the eastern part of the properiy and creating a rear
yard into the wettand appro�ma#eIy 20 ft, beyond the st�ucture. No mitigaiion plan was submitted
but I suggest that the e��stern portion of the properiy be returned to its naturat wetland candition and
the f ll tuv+rard #he rear af the hame be hetd to an a%salute min�inu�m, which wauld be appraximately
10 & beyond the proposed faatings. This mitigatioa and minimization of proposed fill may make the
proposal a candidate for ane of the �emptions allowed in the W�t1and Conservatian Act. With a
plaa of mifigation and minimiza�tion of fill, the hame would be placed on such that it would not have
a nonmai usable rear yard. Iiawever, the hame wauld be attr�ctively sited in a nalural area and wauld
allow develapment on a difficult parcel.
Any wetland permit with fill must have the mitigatian plaq erosioa control plan, landscaping plan,
aad surveyed ace,urate detineation ofwetland on e�risting site contours.
Acfion
R�eview the applicants Request for Vanance and Wettands Pernut and make recommendation to the
City Council.
Considerations
l, Require additional information and plans be submitted to the City priar to issuance of pernut,
2. Approvat subject to further permitting by required State and Federal Law.
3. Require restoration plan by a certified weiland biolagist.
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Applicant Name:
City a�
1��ie�►dota Heights
APPLICATIQN FOR CONSIDERATION
C)F
PLANNING REQLTEST
Case No. � �`�- ..
Date af Ap lication �- � «�.
Fee Paid S(!� n�
� PH• �"�� '" � VJ � �`' `3 �'�C�
{La�st� tF'�) ` t� . _
Aaa�: .�� �. Yr�Or�;Ec�hd C�v� . W. 5i :�'c,�tUi , w�h 55I �8
(xumt�r & sa�et) (csty) ts�) czin?
(Jwner Name: V V � � � � ��.1�� � � �/
(Last} � � (Frst} ' (MI)
Aaa�: (0 3 I Gvt � 1C.� ��.� PI . s h'�r�o� ��"5r l�Y� 55l l8
(Number & sa�eet) cCSty) tstaze) {ZiF�
Street Lacatioa of Pmperty ia Qucstian: '�J�� � � d�iF� C'�7" � Q�� ��`v�/ •
t�i �'� o-�-a� � "r'�s� � 1� . �
Legat Description of Pm�crty: _ 5eG-t ior� 2a- Tw [�l a��2a�� 23
af� w
t� Es
�o�g
f�'/2o��
ov� �r 5 40
Conditianal Use Permit •
Couditional Use Penmit for P.U.D.
Plaa Appioval
Compreheasive Plaa Amcndme,at
� 24- 2823
.��.v���
Subdivision Appmvat
�— Wetlands Peanit
Other (auach eaplaaation}
.Applicable City Ordinance Numbcr Section
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� iR4 '� f i I • 4 � t t� ;i � � � ♦'li`irt i � �
I hexeby dedan ihat att s�nents mad� i� this reguest and
materia� are true, .
f�)
�C1iti4Il�
:: �;
- (R.eceived by-�tle) ' •
7�
11U1 Victoria eurve • 1Viendota Heights, 1V%I�t • 55118 452 • 1850
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Auyust 2, 1994
Dear Pianniny Oo�enission and City Council Members:
We �e interested in purchasing the vacant lot on th,e 500 block
Marie`Avenue. We.realize that more than half of the one acre lot
oonsiclered to be wet lands and that the wet lands are not to be
disturbed.
We ar� �ro�osi.ng to build a sinyle fami.ly dwelling on th+e lot. 0
inteut is to build tive Y�ouse in such a mann,er that it minimizes
the "filliny of wet lands. Iipw+evpx, because the lot hap�ns to be
R1A, it has a mininn�m frOTlt yard SetbdCk Of 50 fE2t. Therefore, �
r�eed a variance to mave the h:ouse closer to the front of the pro�
We also intend to place the h:ouse 20 feet fro� the west pro�erty :
t�his adjustm�xit would �rovide minimal filli.ny of th,e wet lands.
�
�
Our intent is to �reserv� the wetlands as uwch as �ossible within
reason and yet stiil have enouyh yard to the north and east to li,
codnfortably.
( �
Sincer'ely.
,
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Rexry and Lisa K�exn
m
�� l�y a�
,,,,. � ,, 1��.e�,da�a Hei�hts
SIGNATIIRES OF CONSENT FOR VAR2ANCE REOIIEST
TO: The Planning Commissian, City of Mendata iieights
FRQMr Property Owners of Z�—!? 2�-( CC'} C�7' " O7 �'' '� '�
'�C�v � �oc �. o � �v-! � /�c.r2v� cr�
RE : `t'" rn �a�e.� � : rru. �.�e.. � � t �y {'� fati2 . t �- . � "' � �`" -
C.�z.�"�c�c.+...�5 �er-c.t,.� �- .
�� � � Yw� S�-(-�� � U'�.�-�d��z
We the undersigned have reviewed the plans for �1�+r'v� �� s��
�.vv�. (y �wst, : and underst�and the terms and
cond�ti n�the requested variance for .�K-(- Vo�+�c9 �-FbQ.c �
ca v�.� t1J�.fi a,.•.,c�.S �� c`w< <�' � .
We have no objectians to this request and do hereby give our
written consent and consent to waiver of public hearing.
Sincerelyr
NAME {Please Printj
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S2GNATURE
ADDRESS (INCL. LOT?
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Auguet 19, 1994
s
�: i�y o�
1��.endata Hei�hts
;
1
;
�IMr. and Mrs. Rerry Rern.
�1.89 8ast Mareland;Avenue
iWest St: PauI,.MN 55118
�
�Dear Mr � Rern:
jYour applicatian for a�etlaads Permit and Variaace
considered by the Planning Commiseion at their next
�scheduled meeting, which will be held on �uesday. August
�The Plan"ning Commiasion meeting atarts at 7:30 o'clock
are City Hall in the Council CYiambers. You, or a repr
`should plan on attending the meeting, in order
�application will receive Comm�.ssion consideration.
,
be
•ly
.. �•,,a .�... � � .
P!M. here
esentative
that your
If you have any questions, please feel free to contact me
� i
Sincerely, .
, :
� ��'��� �;,,��'c�ts��..�„�.i" I k��c�
I
Revin Batchelder
Administrative Assistant
� , .
� :
R:LB : k:kb ' .
� ;
Fnclosures
1 �
� �
�
1
!
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t
Vicioria Curve -1V�endota Heights, �iN - 5511.8 452 -1850
� ��
.
pp, OF WATEP.iSOIL P.ES. 7E�-612-297-56�5
� 4 F.
0
$outh6ddoa fJtC�ae Buttdtno
t65 S. Wsbuha Susat
fiui6o t0�t
ac.n��trtaszar
�,C �6t2{� ss
�.''-*-�
lia�ucn �so�
� t� �
cw�. r�r�s,�s�
�2�a1 � �
t'.z (2t1lI 7t3�7Mis
+J�?`8�rt�idNl�wnur N.
�eer�n. �tre �soi
....�tey scc-cz�
r.x t�te� rr,��czot
2t�t s.� sar.n
a�.�e�d. as�v ss��oeeo
�a} aia�sas
� �18) Q�6
q�� ig.g3 15-49 No.010 P,.02
A,��c x�. 1993
To: s�a� ���:, n�or� swcn
From;
.Sut�ec.�
s
t
Bzuce sandstram, BWSR ��,�,"`'�
.
Wettaad B�►tuativa, Rrr+aselE Wah� M�cdorA Hef�cta
As a faAuw-up to thc sice vlsit wa madc oa Augvs�t b.19�93 an tb.o
Russcll Wahl sit�e oa .Maric Aveavtc in1 Mcudota �dghls I�romisut io
pravido a,palicy intcrprc�,t%n as ta thc rcicvancy of F.x�aption 24 of
tha 1991 W�tlaad Ca�ase�atian Act (WCA}. •
,¢s .
Aftcr cansvliin,g with Joha Ja�cbke of our staff I candade Ehat
8�ttmpiit�n ?� wt11 rmiy a�tq if Mencintsz Aeighf� dGtcimin�s that tber�
i�s be�n Some tffort ot� tho pait of tflc �an,d�w,u�er ta dcveiop thc
P�tY during #hc fiva �d ara,a-half ycar� priar ta tha cff�ctive datt
vf tho WCA, on Xaan.1� L�92. "4itc ha�rc nv �pcdQc �a�arcc� rvr Q�
Mcu+30ix� �cight� to �o11ow i� �a�3:� tlris dt�#t�miitat3on. ]3a�scd on my
researcli, such avidence caonld be thc su'bmit�aL of a dc�relapmcnt
pzoposat for ih� sit� �fo thc dty, Pl� mar+c Sll on thc �it�, or
otfurwiic investing capital ia the property, or any ather d�monstrati.aa
hy tbe a�iic�nt that hc intended tt� fii1 the wetGKnd as p2trt of his
dcvGiapmeat of the parceL
�� �� - IKr. 't�taltl claimc,ci that �accamvtit�n 10 apolics» I c�isagrcc. Z't�biie i��c
�.o. eox �ss stomx �;r pipc undcr thc has ccnccnic�tcd thc flaw, thc aatnrnl
r�"�°.«►v'�'�,,.�uosa �'��c ps�th ahowabg the USGS qusddr,u�gi�► m�p ahows tbat thc
��4 upstr�a.m s�rea. has �[ways dranud �h #83s area, �lbeit the flaw was
Fa+� c� s�so�s prababty more dif�'use.
�zao s. e�ae,�y
� t+� Onc�r obscrvatians X not+ed an thc site are lfstcd beiow aad �hc�uld h�
� �r=' �c.�sa "� a,uuctcrr.ct ia 31rlcnduta's declsion
P.Q 8ac£BT
z�wo�tyonsa�ous
�su�.e�avsa�a
t�1 s�.s+�
r-�c �q7} pr.�
ktswo Ragtatr
�+thlxtdQ+r OI'C�a 8vtktiseg
������
sufte to4 -
�t. RR��t iAN SS1G7
{812j 206 �7G7
F.x �+►� �r.��s
O�pp�o�tc�ic�iN Emptoysr
Pdntod on tscyclad F+�P�'
1. Thc city had nppravcd nt I�ast lim�tcd �itting of thc subjcct
parc�l by viriuc of tbc is.�uaace af p�units in 197$ and 19$1.
�owever, �s you ku,ow this is out�de of tba siafutory 5S yc+nr
wiadaw pres�nt�d by F�cempiian 2�, ha�n�eve�.
�. The lat is ,sttubbed for �anitary r•ewer azsd � ir�dic�te.c Rt ie.�st
sa►me dagrcc of intcnt by the dty to develop the Io�.
3. Tha canditiotu o£ thc 1978 permit wcra Bllcgcdly vialated Uy
Mr. Krmjai,ak bui no zcstorafion o�aurrcd cithcr as an
enforoemcnt t�cdon or as a condiiion io thc 1981 permit ris u�ar
;� as I can icll ftum tbe recorb The permits ware not issued to
�_
�
m
f
L�F WATEP.%SOIL P.ES. TEL:612-297-5615
. �
Petge 2 !
Aug. 17: 1993
S. Kcruick
0
Aug 18.93 15=50 No.010 P.03 ~
:<
:�
Mr. Walsh s�lthough the reoord suggcstc ihai Mr. Walsh had some interest ia�tho
pesmits aad parocic involvcd
4. 1he dte appears w be developable as pravide thc own�er is granted a 10 fcwt� frant
yard wariana ruu� thc strudure is ivavcd to the wosl to tha degrec allvwcd b3r thc
sidc Iot sctbarck spcci5cd by local ordiaanc�. �
1
5. If any fll is nllc�red, ii rnust be ao m�ore thaa thC ,minimum nooecsary ta ma1 �e the
site bulda6le, and;
a. � 'thc limits shoald be dearly dexc�ibed wiih rcf�rcnog t,c� thc la;ation of�the
! cutb (dtiee tbe cnib is eas�y i,deutigCd On SitC� �
b. � mitigation should be required at a one w onc ra�io by the rcmuvxl uf fill
i on thc Int th�t violatul the 1978 �cuail, and
�. � pro�r cx�oslon conxols mast bc iastallcd prior to and dnring aay �llf ng.
,
�
I£yrni or Tim Daniclson havc any qu�estions, ploase cxsll m�e at 247-4958.
�
,
cc Jun Daai�lsoa
i .
axnendata.mcm
1
- � -
1
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s
May 5, 1993
Russell Wahl
631 Callahan Place
St. Paul, MN 55`].18
DAKOiA C`OUNTYSO.ILAI�D�WATER
C(7NSERVATION DlSTRICT
Farmingtan Professional Building
821 Thicd 5treet
P.U. Sox 129
Facmington, MN 55024 _
Phane: {612� 464-8004
FAX; (612) 460-8401 .
Re: Wetland boundary delineation for the la� east of 535
Marie, Mendota Heigh�s
. Dear Russell:
'� On May 5, 1993 I met with you at fihe above site to delineate
the boundary of the wetland lacated on this property. As
ycu informed me, a por�ion of the lot was filled quite some
time aga. You are interested in determi.ning whether or not
the lot is a buildable lot as it currently e�cists.
The Wetland Conservation Act of 1991 defines a wetland as an
area which satisfies three criteria: 1) hydric soils, 2j a
predominance oE wetland vegetation, and 3?- wetland
hydrology. �
Wetland Soils
The original soils on �he site were Quam silt� loam. This
soil is still present in the areas which have not been
filled. It is listed as a hydric soil.
Wetland vegetation
The vegetation in the low area is almast 100� Reed Canary
Grass. The trees on the fill slopes are Box Elders, and
there are also some Red Osier pogwood shrubs. These are all
wetland indicator_species.
Wetl.and Hydroloc,�y
A small creek runs inta the site from the east.. You
informed me that tb:is creek serves a drainage area in West
St. Paul. This creek provides the we�l�nd hydrology for the
site. - .
a
The site meets the three criteria for the definita.on of a
wetland. I delineated the boundary oF the wetland with ?
AN EQUAL OPPORTUNIIY EMPLOYER
�
�
i
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page 2
J. Danielson
May 5,! 1993
I
I
pink flags, labeled as points 1-7. The area north of tl
flags'is considered wetland, and the area south of the �
is considered upland. You may want a surveyor to locata
wetland boundary on the drawing of your property survey,
future development purposes.
i
i
The Wetland Conservation Act of 1991 requires that any
fillinq in wetlands be replaced on at least a 1:1 basis,
possibly 2:1 af�er July 1, 1993. The City of Mendota
Heights would have to approve a wetland replacement plai
I have�enclosed a rough sketch of the site,Iwith the
approxi.mate locations of the wetland boundary flags
indicated. As you will see on site,�in most cases, the
wetland boundary was very close to the toe of the fill
slope.;
�'
If you,need any additional information, please contact n
r
i
Sincerely,
�
� �,JI
1
Steve Kernik
Urban Conservationist
;
i
cc : Ji.m
�
,
�
i
Wa�ll.. UUl
!
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;
;
,
Danielson, City of Mendota Hei�ghts
the
for
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From:
Subject:
CITY OF MENDOTA HEIGHTS
MII�20
Mayor, City Council and City
Kevin Batchelder, Administrati
9, 1994
Case No. 94-22: Lentsch (Olsen) - Wetlands Permit
Mr. David Olsen has purchased Lot 6, Block 1 of Mendota Woods (ArboT
and desires to construct a single family home. The proposed home is within fifty �
(51') of a�wetlands and requires a Wetlands Permit. Mr. Olsen appeared before t�
and Septeinber Planning Commission meetings, and at the request of the Planning'�
Commission, has submitted revised grading and site plans (dated 9-14-94) that add
removal and future decks/patios. (Please see attached Application, Planner's Repc
memo dated 9-22-94, and revised grading/site plan.)
At their September meeting, the Planning Commission reviewed the revisei
gradi.ng/site plan. While the Planning Commission e�ressed a concern about the `
trees due to the house desiga and the grading in the rear yard, they also recogmzec
impact to �the wetlands was minimal and that there was a proper erosion control pl�
,
RECOMMENDATION
i
The Planning Commission voted to waive the required public hearing as all
of consent had been obtained. The Planning Commission voted 7-0 to recommend
Council grant a Wetlands Permit to allow construction of a single family home to ��
one feet (51') of the wetlands, as proposed on the revised grading/site plan dated 9
+
ACTION REQUIRED
1
a
Meet with the applicant. If the City Council desires to implement the
recommendation of the Planning Commission, they should pass a motion to grant �
Permit for Lot 6, Block 1, of Mendota Woods, to allow construction of a single fa
to within,fifty one feet (51') of the wetlands, as proposed on the revised grading/si
dated 9-1� -94. �
Court)
�ne feet
� August
� tree
Staff
�ss of
that the
signatures
that City
�ithin fifty
-14-94.
Wetlands
uly home
� plan
� ity o�
.,,,, , � 1��i��dota Heights =�
September 29, 1994
Mr. David C?lsen
2137 Allen Lane
West St. Paul, Mis 55118
Dear Nlr. Olsen:
Your appl.ication �for a i�'etlands Permit wi11 be considered by the
City Council at their next regul.arly schedul.ed meeting, which wi11
be held on Tuesdax, Qctober 4� 1994. The Council meeting starts at
7:30 o'clock P.M. here at City Hall in the Counci], Chambers. You,
or a representative should plan on attending the meeting in order
that yaur applicatian will receive Council consideraGion .
If �rou have any questions, please fee]. free to contact me.
Sincerely, '
� �-.�___
Revin Batchelder
Administrative Assistant
RLB;kkb
Enclosures
�
I101 Vietoria Curve • 1Viendota Heights, 1V�,N • 55118 452 � 185Q
T0:
FROM:
CITY OF MENDOTA HEIGHTS
MEMO
September 22, 199�
Planning Commission _.
Kevin Batchelder, Administrative Ass ��3
SUBJECT:, Case No. 94-22: Olsen - Wetlands Permit
!
DISCIISSION
t
At�the August 23, 1994 meeting, the Planning Co�
continued the consideration of Case No. 94-22, Lentsc
Wetlands Permit until the September meeting. This was�
allow the applicant an opportunity to meet with the City l
and reconsider the backyard grading plan.
,
The Planning Commission also requested:
t
1.� A grading plan which demonstrates which trees
; removed and which will be saved.
2.� A site plan which includes any future decks
,
plans that may require a wetlands permit.
3.' Sketch elevations that show a side view of the
i home.
I
3
Mr: Olsen has met with engineering staff and has subm:
requested plans. (Please see attached plans dated Septe
1994 ) . '
�
The submitted plans show the trees that are being prc
be removed. The grading in the rear yard has been chan
glightly to save some trees. An additional retaining wall
added which intends to save several oak trees. A patio
sketche� onto the plan on the northeast side of the home.
ACTION REQIIIRED
�
Meet with the applicant and review the revised plans.
recommendation to City Council on the request for a Wetlanc
to allow construction of a single family home on Lot 6,
Mendota�Woods.
KLB:kkb�
!
�
unission
:h/Olsen
done to
:nQineer
will be
patio
osed
tecl the
�er 14,
�sed to
d only
�s been
s been
Make a
�Permit
lock 1,
Mr. David Olsen
1137 Allen Lane
West St. Paul, NIlv 55118
Dear Mr. Olsen:
C ity o�
1Viendota Heights
August 26, 1994
I am writing to formally notify you that the Planning
Commission, at their August 23, 1994 meeting, continued
consideration of your Wetlands Permit until their September 27,
1994 meeting. The purpose of the continuation was to provide you
time to meet with the City Engineer to discuss the reconfiguration
of your backyard grading plan.
The Planning Commission desired for you to consider changes to
your backyard grading plan in order to save a number of large and
mature oak trees. The Planning Commission also desired to have you
indicate on the plan which trees are going to be saved as well as
which trees are proposed to be removed. Another item that the
Planning Commission desired to see on your site plan was any future
deck or patio plans that may require Wetlands Permit _in the future.
The Planning Commission also desired that you submi.t sketch
elevations that show a aide view of your house.
In order for the Planning Commission to properly consider your
Wetlands Permit proposal at their September 27 meeting it will be
necessary for you to submit the revised plans by Wednesday,
September 14, 1994. I recommend that you schedule a meeting with
Jim Danielson, Public Works Director, to discuss revisions to your
backyard grading plan and what those revisions would mean as far as
tree preservation. Please contact him at 452-1850 or myself at
that same number if you have any questions or concerns.
Sincerely,
�;�� �
Revin Batchelder
Administrative Assistant
KLB:kkb
cc: Jim Danielson, Public Works Director
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
Ci
1Viendota Hei
,
;
Septemb�r 23, 1994
I
�
�
t
�
Mr. David Olsen
1137 A11en Lane .
West St. Paul, NIlV 55118
i
Dear Mr�. Olsen:
�
Your application for a Wetlands Permit will be considerE
Planning Commission at their next regularly scheduled
which will be held on Tuesday, September 27, 1994. The
Commission meeting starts at 7:30 o'clock P.M. here are i
in the Council Chambers. You, or a representative shoul�
attending the meeting, in order that your application wil;
Commission consideration.
�
If you have any questions, please feel free to contact m�
3
Sincerely,
��� �,
}
Revin Batchelder
Administrative Assistant
F
i
i
�B : �i�
1
�
Enclosures
�
ty o�
ghts
d by the
meeting,
Planning
:ity Hall
. plan on
. receive
�
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
� `
' 1�
�
�
CONSULTIIVG PLAIvNERS
LANC�SCAPE A}2CiiITL-CTS
300 FIRST AVENUE I�URTIi
SUITE 21Q
MINNEAPOLiS, MN S:i•�(ll
C 12 •.i3!-) 3:i0(7
PLANI.�IIl�TG REPORT
DATE:
CASE NO:
APPLICI�►��1'T:
LOCATION:
ACTION REQUESTED:
PREPARED BY:
PLANNING CONSIDERATTON5
Background
August 18, 1994
- Bill Lentcsch, Owner - Seller
Arbor Caurt, Lot 6, Black 1
Mendata Woods
WetlandsPernut
G 7ohn Uban
David and Karen Olson are praposing to purchase this properiy and build a single fa�nily home. The
Olson's desire is to construct a sin,gle family hame within the 100 ft. required setback from the
designated wetland. The attached site plan indicates that the home is proposed to be built within
S 1.5 ft. of the adjacent �wetland.
As you rnay recall, the adjacent lot (no. '�, has a proposed driveway along the edge of Lot 6. This
driveway is proposed to be located between the weiland and the edge of the property. During Iast
month's discussions on the topic, tha driveway was to be located far enough away from the edge of
the properiy sa that snow storage wouid be provided. The submitted plan daes not show the
praposed driveway location.
Signatures of Consent have been submitted for this application sa the Planning Commission may
consider waiving the pubiic hearing.
{
i
�
Case Number: 94-22 August 18, 1994
� ��
Wetland Permit
�
The grading plan accompanying the site layout and tree surveying for Lot 6 shows that tti
the edge of the properry closest to the wetland will be retained and protected by sil
written narrative indicated hay bails only but when tree protection is involved, the
advisable. �
In reviewing the site plan, the proposed house is located approximately mid point or
move the home further away from the wetland to the south would place the home cl�
RO.W. Existing trees have been located on the plan including many oak trees througl
The gradirig plan indicates that most of these trees will be removed with construction
A more sensitive grading plan would be advisable in this case to preserve more of the c
the proposed home and the Interstate RO.W.
�
Because of the need for a driveway between the subject properiy and the wetland, much c
buffering plant material will be effected. The proposed plan maintains a row of trees
adjacent driveway and the home which should be left as totally native vegetation wit
better filter water runoff. The overall plan indicates that the reduction of the tree cro�
be more th'an 50%. Adjustment of the grading plan could significantly improve this cc
i
�
Action �
Review Pemut Application and make recommendation to City Council.
i
!
Considerations
,
;
2.
Maintain naturalized wooded area between wetland and home.
Adjust grading plan to retain more of the native oaks on the site.
Page 2
: trees along
fence. The
ence is also
the lot. To
ser to I-494
out the site.
if the home.
tks between
the natural
etween the
>ut lawn to
i cover will
s�-' � �- � � 1 � ` ,' y,-�i� -� �.-->
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M INN.
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TRAN
V`�AY
f `l
)
City o�
1Vier�dota Heights
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Case No. Q�—c��%"
Date of Application
Fee Paid �
Applicant Name: ��/!//�'G/� 6t//i;i��.�� � PH: 7,0 —"��/3
�) (F'�'�) (r'�
Address: �3a� �,�i��� � a��,�,�� �� s"���t�'
(Number & Street) (City) (State) (Zip)
Owner Name: ��l s�/� �/��/�
(I-ast) (F'ust) (Ni�
Address:
(Number & Street)
(City) (State) (Zip)
Street Location of Property in Question: _X,�1r �.�/.�O/Z G�
Legal Description of Property: i+G /� �j% .2 %Ll�.!/�l'/%/� L!/riUX�
Type of Request:
Rezoning
Conditional Use Permit
Conditional Use Permit for P.U.D.
Plan Approval
Comprehensive Plan Amendment
Applicable City Ordinance Number
Present Zon�ing.of�Propertg Present Use
Proposed Zoning of Property ; Proposed Use
Variance
Subdivision Approval
_�_ Wedands Permit
Other (attach explanation)
Section
I hereby decIare ihat ali statements made 'in this request and on the additional
materiai aFe true. ., /� /;�� �
(Signature of Applicaut)
� ����%
(��) -,
(Received by - Tifle) �
1101 Victoria Curve • 1Viendota Heights, 1VIN • 5v118 4v2 • 1850
. � � � P.01
�
�
�lty t��
1��iendv►�a Hei�h�s
�IGINATUR89 OF CONBfINT FOR P,�RZANCE REOIIES'P
TO: #The P3anninq Cammission, Gity of Mendota l�eights
�
FRaM: � Property Qwners of C�p� t"; _/'�.�rn�o�i� �..�
t�
i
We thefundersigned have reviewed the pla�s �or �
: and understand the terms
condit ons of tha requested variance for
n
1- � �t r•-
� We have na ob�ections to thzs request and do hereby give
, written cansen� and consent to waiver of public hearing.
a
S�.�cere��r,
�
a
NAME (Please Pr3.n�? SIGN TiJRE ADDRL•"S
�t3M •l l�ir}-ScLi �' �84- f'
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�tc.�f t � cJ A�j c.
ST• PA�u LyM i
�n2 GT. 1
� 1i01 Vi.ctoria Curve •.rVi.endota Heights, 1V�iN • 55118 �52•1$5�
To:
From:
Subject:
i CITY OF MENDOTA HEIGHTS
� P�IIIVIO
Septembe 29, 1994
Mayor, City Council and City Adminis�d
Kevin Batchelder, Administrative Ass �t '
Case No. 94-29: Bangasser - Side Yard Setback Variance
DISCUSSION �
t
Mr. Charles Bangasser, of 2223 Copperf'ield Drive, desires to construct a t
stall addition to his home. The proposed garage addition would be setback eight f
from his side property line at its closest point, therefore, a variance of two feet (2'
� required side yard setback is necessary. (Please see attached Application and Plan
, Report.) �
i
At its September meeting, the Planning Commission reviewed this request
expressed no serious concerns with the proposal. The Planning Commission waiv�
required public hearing, as Mr. Bangasser submitted signatures of consent from al
� immediate neighbors.
�
RECOMMENDATION
�
The Planning Commission voted 7-0 to recommend that City Council appr�
: foot (2') side yard setback variance to allow construction of the garage addition, a;
�
� �
ACTION REQUIlZED
�
Meet with the applicant. If the City Council desires to implement the
recommeridation of the Planning Commission, they should pass a motion appro�
foot (2') side yard setback variance to allow construction of the garage addition,
I
�
ra garage
;t ($')
to the
3 the
his
ve a two
proposed.
; a two
proposed.
I\('l1Nl'l112A I I I1
CONSULTING PLANNERS
LANC7SCAPE ARCf�i1TECTS
.300 FIRST AVENII[ iJO1tTH
SUITE 210
MINNEAP(JLiS, MN 5540i
612•;i."i9•33bi)
PLAr�dIltiTG REPORT
I3ATE: �
CASE NO.
APPLICANT:
�,OCATiON:
ACTiON REQUESTED:
PREPARED BY:
PLANNIlYG C4NSID�R:A.TIONS
Background �
September 28, I994
94-29
Charies Bangasser
2223 Copperfield Drive, Lot 3, Block
6, Copperfield First Addition
Side Ya.rd Setback Variance
C. 7ahn Uban
Mr. ChuckBangasser of 2223 Copperfield Drive desires to'builc� a third garage stall addition to his
home. The proposed additian would be setback eight feet from the property line .at its closest
location. A small triangle of the garage is over the required ten £oot seiback and a variance of twa
feet will be necessary.
The applicant is requesting the third garage for an additional velucle for his children The condition
of three car garages is consistent with n�any of the homes found in Copperfield. The garage addition
will nat extend beyand the pr�,wiously approved wetland setback Na wetland permit will be required.
Elevation detaits have been included for Planning Commissian review showing that the garage uTiII
match the design and materials of the existing home. The plans also indica.te that the driveway will
be expanded and v+rill maintain the required five faot setbaak. �
Mr. Bangasser has provided all af the required signatures af consent and the Pianning Commission
may waive the required public hearitig.
Side Yard Variance
The applicant's site plan shows that the subject property is a triangular shaped lot with the narrawest ,_
portion ofthe lot franting on Copperfieid Ltrive. The home is placed centered on the Sepiember 28, -
4 4 �
� �
� �
i ;
i994 �
Case 94-29
Page 2 j
�
1
1
praperry and maintains the required setback an the east side. The west side adj�
addition is at an acute angle creating the condition where the garage placement
variance:
to the garage
ires a setback
The garage has been recessed fram the main building and far shortened to minimize the needed
setback variance. As noteci by the apglic,ant, the garage will be adjacent to the garage and dog kennel
of his neighbor to the west. The neighbor also has a setback of over thirty feet creating a visual
appea��nce of more than the required separation between the struchues. Aiso e�sii�ig trees wiil be
maintained.
i
The amount of structure that actuaily penetrates inta the side yard setback is quite minimal as shown
on the attached site plan. The hardship in this case is the shage of the lot with the proposed design
minimizing the variance impact. �
�
Actian �
�
a
Review applicant's request and make a recommendation to the City Council.
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C ity o�
._ . .,,.. �. � 1Vier�dota Heights
Applicant Name:
APPLICATION FOR CONSIDERATION
OF
PLAN1�tING REQUES2
Case No.
Date of �
Fee Paid
►f�itJ�ftSSf'�2 �.�h�`les �
(I.ast�
Address: - _ a2 %2-�-?j
cx�t� � s��x�
(F'us�)
�� ��
c�ty)
(� /� �
r _' l �`r • �� � � �/�V
(state)
Owner Name: �f1� �-�
(I-asc) (F'ust) (M�
Address:
(Number & Street)
Stc�et Location of Property in Question:
(City) (State)
rp�
!/%i'��
Legal Description of Property: � � � � �aC6.�. (fl �.�p�'1 L �
� � ���
T`ype of Request:
Rezoning
Conditional Use Permit
Conditional Use Pemiit for P.U.D.
Plan Approval
Comprehensive Plan Amend.ment
X Variance
Subdivision Approval
Wetlands Permit
Other (attach ezplanation)
Applicable City Orciinance Number T�� Section
PresenE Zo�ing. of•ProPert� -�-� Present Use ����e �/�'�l C.�
Proposed Zoning of Property ��ti-�_ Proposed Use i %� d`�x�-� L
I hereby dedar�c that alt statements made� in this request and on the 'tional
materia� a�e irue. . /� ` � '��
�-�F�
(Signature o A ica�ut)
7 �
(Date)
(Received by - Tifle) " •
1101 Victoria Curve • 1Viendota Heights, 1VIN • 55118 452 • 1850
�
;
,,�► � 1 �. .��ie�da�a
� .1�� fJ�
iei�lits
� SIGNATIIRES OF CONSENT FOR VARIANCE REQIIEST
1
TO: � The Planning Commission,
FROMz' Froperty owners of__�
. j
' C..tn vc � �:� C
� a
�� (r� �, -
;
�. ;
City of Mendota i�eights� '
�-� C��,..��..,r,,,�c�t� � v
.cc.e r-- 1
3(��.k � �
, .
�:������t��
�.. ��-� ���.�-
_ � � .. r,
� •
._ f
We �he undersigned have reviewed fi.�ie plans for
� : and understand the •
conditions�, of the �r,e�quested variance for _ S t ��
we uave no on� ections �Co tnis request and ao neretay g�.ve
wri�ten consen� and conseat ta waiver of public hearing.
�
Sincerelyf �
{
NAME (Please�Printj SI ADDRES
�
R.�.A � a�Dy s-tar�a.s '2Z..t�
.
�fJ6�- �=�pr��t1� 6orrL1F�" ,.�5� Z�1
' . ��i- ' - �
�Qoy � •�4vbQ.en1� Levcvl�}
�
�e.v�en� � W atsc.,� s� iP c,.,'EY
.
flt�v� � O�i�� �,�+;�6�v ��
�� n�om�
;
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4
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r.�t�oY t ��4t�..
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{INCL. LOT1
�oPP�t� DQ..,
CAPP�1�.0 DQ..
:.�PP+e�►Fw o�.
;�PP�.F�a.a oQ,
1101 Victoria Curve •�endota Heights, R�.I� • 55118 452 • 1850
I �
�
�
C ity o�
.�.1 ,� 1Viendota Heights
September 29, 1994
Mr. Charles Bangasser
2223 Copperfield Drive
Mendota Heights, NIl�T 55120
Dear Mr. Bangasser:
Your application for a Variance will be considered by the City
Council at their next regularly scheduled meeting, which will be
held on Tuesday, Oetober 4. 1994. The Council meeting starts at
7:30 o'clock P.M. here at City Hall in the Council Chambers. You,
or a representative should plan on attending the meeting in order
that your application will receive Council consideration .
If you have any questions, please feel free to contact me.
Sincerely,
4�-` ����.�---
Kevin Batchelder
Administrative Assistant
KLB:kkb
Enclosures
f ._
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452• 1850
x
t •' �
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!
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.��iendota H�z }
,��. i .1
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, f
Septemb�r 23, 1994
t
,
Mr. Charles Bangasser
2223 Capperf ield Dri.ve
Mendata�Heights, N� 55120
Dear Mr: Bangasser:
l
Your applicat�ion for a Variaaace will be con�idered by the
Commission at their next regularly scheduled meeting, whicl
held on� Tuesday, September 27, 19�4. The Planning Cc
meeting;etar�s at 7:30 o'clock P.M. here are Ci�y Fial]
Council :Ch.ambers. Yau, or a representative should
a�tending the meeting, in order that your applicatian will
Commission consideration. .
�y O�
i�hts
�
I� you have any questions, please feel free to contact me
Sincerely,
l�� ��,���
Revin Batchelder
Administrative Assista.nt
I
KLB : k:kb
;
Enclosures
i
f
i
1
1101 Victoria Curve •�.endota Heights, 1V�i.N - 5v118
!
will be
in the
:Ian on
receive
� _
• i850
. ' , , '# ' . , • - � �.� � . . . • " ' •,. � . , ,.; : _R - . ' i • , ; .� ; ; j..' ^ � � :
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� �:' : . ;; -� �`� : � � -� � : = � � ::;��_ ,�Charles�Fl ,Ban� `asser� .::. �+�'.: i .^ , i:,. i i, ,;5 ; ,:: /
.. . � .. � .: � .�:.,.;' , r ,,I . - , . , ,; ._.,, � g y^ : . . � . -`� � , ;: � . , _ . . ,� : .
, . : ,. :s _ . ^� .. .- � :� a'- 2223 _Copperfield Drive � � . . � . .�: . _ � � , . , �
Y .7- . .;,: ,� �
- . . . � , _ , : ' . � .� " _k � � ;� _ ~ Mendota Heights;� 1VIN� � 5 5� 120 � : , �: . � . � - .. . � , ; : .
. ,_ 1,, ya' , • , �. ... . . .� `� . , . `, . .. .�' , -'� ' .
` - - ' .,.- , . .. "Y� n ',�_ ' . , i'; , , y .�` ��, + ' .' . ` ,�* • .• `..r..,, ' • � �.
Septembei 6, � 1994 . ? .. , . � • , . �,,. `. • .ti. t. � • , •. . ; '' - . � -� .. �
, � , � ' - . .�� rt � ' . , . , , �/ � .,� • �
, � ` .. , .r�` ' � �• ' � • , ` ,", ` - ` • ' ..� , ' '� . " , � ; -..,e� -i�: ,:i� " �_ � � .
City of Mendota Heights �F - ' ` - � • � � ` 'r' y�� , �r
,�, * h� ` V',11.01 Victoria Curve - � '� . .' . ��+ . ` . .� , ; ;- �, �� . . `.�.• -�t � �; � ; � . � �
. � . � 1VlendotaHeights', 1VIN�55118�, ' R�,,� • ' �. ;`V.: , � ,: ;- N ;'' -. '' - . � ,.�,.�-� .; � ' �• .
. . ,. .� M . .. . � ; �w ` `. .� ... ' � ' � s� :✓� •5' ' , ' � . � . ., .,, j +I Y;J�' F ' . ' '"'' y n.. , - .Yf „ .
:�.. ; f ' Subject: 5 Varanance for Garage Addition` � ; � . , . ,,. � �: �-, , . - � �b , . ' . �-'� y _ � . � �r� . ^ . ,
� i ..;.,t t ' . � Y. .r t' . "� J . ' � ' a ' • �. ' . � . • s I � ` . •,, ' ' • ' � {1,
• .Dear 1Vlembers of the CityLLCouncil, Planning`Coriimission and City 'of Mendota:Heights p}ersonriel;` , � �-
^1' ' .. � i�. . � . f� V, _ .. , „ r l � � , _ . _ . • . '� ' "+ � , . '1 . ' f
.,', �.,We a:re requesting the aboye,referenced variarice'in an effort to.preserve the�"clean" look of C,opperfield '�'.�Y ��
,� . � •
"'��-: in keepirig unnecessary�vefiicles o.ffthe street and covere.d iri a,garage,�"Presently �we.have a two car... '•�; ... `, :
L� "' ' ara e and recentl � added an additional tfiird car for three�u comiri teena e children. or the last.�" �� '
,. ,. � � • ,.
�.�f: . ._ g g_ . Y . : . . .. . -. P ,..r ., g'Y. , ;_ g, , :; ., :
�� -�.,"month�we �ha',ve pa`rked it' on the edge of oui driveway�until recently a eomment was' ma�e to'us if we ', 4� � ,'�
, � � � intended to .le'ave. it there. � `�' ' ` ° ``:` _ _�, _. - � ; - ` . � '': �, , � ';r. '. ^ ' • � - � .
.� . .. .'i >� . ,+ i ,� • , i, ; . )i , f . ..' r( � �+ ; � Y✓- . ' .. � . , , ' . i . . • ..r�.a
��•. �,•Please reference the site plan�and sketch,�drawing�of t�he proposed garage.`� This addition ill be .,�.� �� '• ,-
r - S .
`� ' " � � � consistent w �th the third car garages rof most of the 'residents'�of Copperfield. � ;It is,� however`, necessary . _'. �f ��; , .�`-,
� � for us:to request this yariance because `the'front eomer of the garage will encroach 2 fee� into the 10 .• .„� ��:. '•,� �
�
,�_ �-£oot setback:� �You will riote that this is only a sma11 triangle approx. 5 feet long by�the 2 feet wide. The "» ��.
� ' " � back of the garage wilF be 17+ feet to� the�property line: � -� � - ''` " ` 4°�- ' • �,; � - �
' , �,V �' �' � r4��... '�I �s,' . � � .l°. . . � 1. � S ; v. ,� '� , +hR �^ , :�,, '�� ` ��f. `" . ' .
� . - �. We�feel that we �show,hardship and cause,in that; , �� ::,Lt` `;- . • ' '`: ,' •' �:;' , • .:,;, •-': `� � .. .'F: . "
�. . ,. �
.� ,,' .,' 1. The variance we axe requesfing is very small�co"rner of the a��rage (triangle described above). ,�"�� .� �. . -;
�" �� �'�`' 2.'� Due to the:ir'regular nature of my lot and that of my adjacent, neighbor,� there will still�be.approx. 40 �, �." �.•
- .; . . . . . ,^ � - , .. . - . .� ,. . =.
"' '��� `feet;betweeri,Mr. Soffels �ara e and m' new ar'a e note 32=feet�from�his ara e to ro ert line ' �'
, _ .� . ��_���� _ . _ g g I? � P. Y )• � , � �
�-� 3. '�That��tliis is�his �ge:and not living area that would be iinpacted. Ad'ditionally; his.garage�sets •''- �.�.�
. , *
� � farther forward on his lot, and mv addition would :set back. hidderi behind' an existing crab �apple tree that' '_
. - ,: , -.- .- - ,:. _ : a . j :, . - �
- � � would hardly be v'isible: �r" . �. . . , . _ � - . � _ . . ' � ' , - . - , , . � - • : -�
. . �, � 1,�:, .. .
.. �-- ' 4., This request is`consistent withthe'existing�rieighborhood.where 6 out of'7 adjacent�homes have�tfiree
�: a , . , v .. . , . ', �
• , � ; f' , car �ages to,keep unnecessary vehicles �offtlie streets"and driveways.. ' � . . , ; : ; , ; �
. . a � , � . h . .
� �� , . . ,� . .
• -�� 5.: � The garage would �be built in the same style and exterior materials, (brick, cedar, and � teel' seamless� ,• � �
:�> � , _ _ . : , . . .. . . . .,
,:� - siding),as'the rest of-.the home'�It would only_positivelv impact the•rieighborhood.and the home.� �" .�
' i . ` f � f ' Y �: �. ' � + � � � " * . ' f � �,. , ' ' ' � ' 4' � � t 'ry � ' � • � • y . . 'r r ,,
. -. . Your" consideration of this �variance would.be greatly appreciated: ,Thank you. . . � ,. ,,. . . �' , , ,
. � , �1. i. � ,L.y •. w .. �` f . ��.✓ 1•. . � 7 , ' r ` � ; , � �, I.e ; _� . ` K " ` , . �•� �_ <,. . 't�
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, � t'�f .� , _ . � .. � � �.
; " _ " " ` . '... .�-� ' . _ Charles F. Bangass ;,: i ' ; , . • � ' ' , � . : ' ; � r.:
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To:
From:
CITY OF MENDOTA HEIGHTS
NIE1�Z0
September , 1994
Mayor, City Council and City Administra.t
Kevin Batchelder, Administrative Assi t
Subject: � Case No. 94-27: Marchio - Fence Height Variance
DISCUSSION �
i
Mr. Anthony Marchio, of 2477 Stockbridge Road, appeared before the P1
Commission, at its September meeting, to request a varia.nce the height of a fence
a front yard. Mr. Marchio lives on a through lot that backs up to Mendota Heigb
He desires to fence his rear yard with a four faot (4') wood fence. The rear yard
considered a front yard because it is adjacent to Mendota Heights Road. The zon
ordinance allows only a three foot (3') fence in a front yard, therefore a fence hei
variance is necessary. (Please see attached Application and Planner's Report.)
;
The Planning Commission was careful in its approach to this case because
precedent° it may create for fences along Mendota Heights Road. Their discussior
consideration of the appropriate height of fences, the setback of the fence, the ma
the fence and openness, or conversely the opaqueness, of the fence. The Plannin�
Commission desired to set a standard for future fences along Mendota Heights Ro
�
�
The Pla.nning Commission felt that the allowed height of three feet (3') is .
adequate for securing a back yard and felt that some setback from the property 1in
�
necessary �to allow for landscape screening to be place within the property. The F
Commission felt that the Engineering Department should determine an appropriati
from the property line for the City Council to consider.
,
t
The Planning Commission felt that 1ow decorative fences were most appro
in this case a woad fence was acceptable. The Planning Commission felt that Sec
4.8(1)d, requiri.ng front yard fences to be at least thirty percent (30 %) open, shoi
enforced. �
The Planning Commission desired that City Council consider standards for
along Mendota. Heights Road during the consideration of this case.
I
En�ineering Comments
�
Fences along Mendota Heights Road in Brentwood Estates aze impacted by
a landscaged berm. Fences need to be constructed far enough away from the trail �
for snow storage. Fences also need to be coordinated with the e�cisting berm and
i
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i
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1
1
t
I
allowed in
s Road.
�f the
included
�rials of
was
setback
be
trail and
allow
landscaping.
Future fences for homes along Mendota Heights Road should be installed south of
the landscaping and berm created by Centex. In this case, there is little or no berm mm�ing
along the rear property line and it appears appropriate to be located eight feet (8') from the
trail.
RECOMMENDATION
The Planning Commission waived the required public hearing, as Mr. Marchio
submitted all the required signatures of consent. The Planning Commission voted 7-0 to
recommend that City Council grant a fence height variance to allow a four foot (4') waad
fence, as proposed, at a setback to be recommended by the Engineering Department, with
landscape screening to be required along Mendota. Heights Road.
ACTION REQUIRED
Meet with the applicant. Consider the Planning Commission's request to determine
standards for fences along Mendota Heights Road. If the Ciry• Council desires to implement
the Planning Commission's recommendation, they should pass a motion granting a Fence
Height Variance to allow a four foot (4') wood fence, as proposed, at a setback to be
recommended by the Engineering Department (eight feet from the trail), with landscape
screening to be required along Mendota Heights Road.
'}
�
PLAI'SN',TNG REPORT
DATE:'
i
CASE NO: �
i
APPLICANT:
;
i
LOGATIQN:
,
PROPERTY DESCRIPTIQN:
;
,
,
«
ACTION REQUESTED:
.. ..• r :
� � � ii � • f
a
Background
1\l 1)I=1't�l: \ i iit
CONSULTING I�LAt�!NERS
LANDSCAPE ARCti1TECTS
34t} FiRST AVEi�tUE C�t�i2TH
SUITE 21C1
MiNI�tEAPOL[S, MN SS�ii)1
l� i? � 339�3 30Q
September 27, 1994
94-�7
Anthony �4�archio
2417 Stock Bridge
Lat i2, Block l,
Secand Addition
Fence Height
C. 7ohn Uban
Mr. Tony Ma�chio, 2477 Stock Bridge desires to put up a fence around his yard
t6raugh Iot which bacics up to Mendata. H�ighis Road. This creates a fraat yard setba
an the rear portion of the property adjacent to Mendota. Heights Road. In the :
ordinance altaws only a 36 inch Iugh fence, which applies in this case to both the Sto�
yard and the frant yard setback an Mendata Heights Road. The applicant is propo
fence that wauld be placed 8 feet south ofthe waildng path, or approximately 6 feet int
:
�
The applicant has stated that in order ta follow the requirements af the ordinaace his
for-shortened by approximately 24 feet. The concern of safety for his children is conat
people who have through lots and wish to fence in their properiy,
The required signatures af consent have been submitted and the Planning Commission
required public hearing
�
Fence Height Variance
i
The site plan pravided by Mr. Marchio does not show the location of the fence in re1�
This lot is a
: requirement
�nt yard, the
Bridge front
ig a five faot
his property.
i would be
with thase
� waive the
� to fihe tot. :-
September 27, 1994
Case 94-27
Page 2
The letter of intent states it will be a wooded fence; however, na £ence design has been submitted far
review and the applicant indicated a range ofheights for ihe fence between the faur and five feet.
Although #he appiicant has not submitted details vfthe site plan shawing ihe fence Iocatian and the
actual fence design, the request is similar to those the City has reviewed recently in the past. In the
candition of through %ts, there are fwo publicly accessible perimeters posing cancerns about security..
of children at play. .
In reviewing a street fencing variance, of the consideratians of what is taking place elsewhere in the
neighbarhood and uiha`t is the consistent character of the yard develapment in the immediate area is
importattt. Where we have collector roads ihat do not allow direct frantage, such as Mendota
FIeighis Road, the platting aftots inevitably creates dauble fronted ar thraugh Iots pushing back yards
up against the traveled right-of-way. Generally, it is also not the desire ta create a neighborhood
'� where the s�reets are iined with fences giving a watled in effect. Based on this strong concern, the
City has acted in the past to encourage apen fencing that provides visual transpareney to nunimize
the wall in effect. Aiso, as nated in the applicant"s ietter, the adjacent properties have screened aff
their rear yards with berms and e�ctensive landscaping. Overall, the character of the neighborhoad
can be maintained with Iandscaping at ihe properiy perimeter allowing security fences near the
property edge iffully screened.
Since no specific plan of fence locatioq fence de�ign, or aesthetic landscaping was submitted, I would
suggest the City focus on a general standazd that could apply in s'unilar conditions that may take place
along Mendota Heights Road. In order to create a more natural edge and hide fences an eight to ten
foot setback from the rig�t-of-way line for a four faot chain iink fence may be appropriate. Shrub
and tree plantings in front of the fence to significantly screen the back yard wauld help maintain the
character of the neighborhood white allawing the safe use of the majority ofthe properiy in ihe rear
yazd. I believe the applicant is iooking for some guidance, and the setting of the aesthetic standard
for these conditians as City policy wi11 help with consistency in future applications.
Actian
Review the applicant's request and make a recommendation to the City Cauncil.
�
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; 2477 Stockbridge Road
+ Mendota Heights, MN 55120
i September 6, 1994
i
,
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Mendota Heights Planning Cammissian: ��
i
The back of aur yard abuts Mendota Heights Road (MHR). We are ane of a fev+
Iocated on the road that unfortunately diarectly faces MHR. Most of the prapert e
have a birin that is built up off the ground for security aad protection, mine unfo3
flat ta the groun.d.
, -
� �
I currently ha.ve one child with anather on the way. The distance from the back �
d's
, to the wallcing path is only 6Q fee� That does not give my children or us much �
' security. As. you know, at a recent city +council meeting, people on MHR are co9
i about speeders. Having such a shart backyazd will make it unsafe for my child. {
i ; ,
; My wife is' also contemplating starting up a daycare. Besides trying to keep the �
the yard, anyone could stop on MHR and see every�thing and everyone; t]us is no
i situation. �
!
� We would like to propose putting up a 4 5 foot fence, made of woad, coustructed
' c�ualified workmanshiP, �PProxim.ately eight feet south of ths wal�:ing path. Both
fence would be well maintained and the landscaping well groamed as it is now,
Thank you for your time and consideration.
,
i
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Sincerely,
� �
Anthony Marchio
homes
� on MHR
tunately �s
�f my home
-ivacy and
iplaining
:n.
hildren in
a safe
by
sides of the
C ity o�
_ .,►.. �. � 1Viendota Heights
��;
7
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Applicant Name:
Address: _ � �
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
�a�� h� /�+n`f�
(j-as� (F'�)
(Number & Street)
Case No. � �r �
Date of Ap lication � l� �
Fee Paid �1.C'�� 1 =�
�
��
((�ty) (State) (Zip)
ia
Owner Name: �ryt -� �
(T-asc) (F'ust) (M�
Address:
(Number & Street) (C�ty) (State) C�P)
Street Location of Property in Qucsdon: ✓�iL�t •P _
Legal Description of P�+nperty: t-a�' � a Q
Z�rpe of Request:
Rezoning
Conditional Use Permit
Conditional Use Permit for P.0 D.
Plan Approval
Comp�,hensive Plan Ameadment
� Variance
Subdivision Approval
Wctlands Permit
Other (attach explanation)
Applicable City Ordinance Number `7' �/ Section
Pmsent Zoning c�f•ProperE� Present Use •
Proposed Zoning of Property : Ptnposed Use
I hereby dedare that ali stat,ements made'in this requesl
materia� a� fr�e. .
(Received by - Tide) - .
1101 Victoria Curve • 1Viendota Heights,lViN • 55118 4�2 • 1850
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� ' SIGNATIIRES C1F CONSENT FCtR 4ARZANCE REOUEST
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� TO: iThe Planning Commissionl City of Mendata �3eights
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� FROM: Property Owners of 2. � ��
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. i We the undersi ed have reviewed the plans for _'�'e'
', v i : and understand the terms
, � condit ns of the e sted variance for _� c�e
,. � �
',We �iave no ob� tions to th s request and do he
�written�consent and oonsent ta waiver ot public
11 S3.ncerely,
, ; .
NAME�{Please Print� SIGNATURE
�stte �.�'.h CAv1� $ w,p��so Y, �° ,.,� �,
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ADDRES:
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2`-1 �
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1101 Vietoria Curve -1'Viendata Heights,lV�IY • �5i18
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{INCL. ZAT}
�Q.YE*- __��+G:Z
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1850 �
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C lty O�
... � .,� 1Vier�dota Heights
September 23, 1994
Mr. Anthony Marchio
2477 Stockbridge Road
Mendota Heights, NIl�i 55120
Dear Mr. Marchio:
Your application for a Varia.ace will be considered by the Planning
Commission at their next regularly scheduled meeting, which will be
held on �eedav. September 27, 1994. The Planning Commission
meeting atarts at 7:30 o'clock P.M. here are City Ha.11 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.
S'incerely,
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Itevin Batchelder
Administrative Aseistant
RLB:kkb
Enclosures
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1101 Victoria Curve • 1Viendota Heights,lViN - 55118 452• 1850
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1Viendota
C ity o�
�eights
September 29, 1994
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Mr. Anthony Marchio
2477 Stockbridge Road
Mendota Heights, NIlV 55120
Dear N! � . Marchio :
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Your application�for a Variance will be considered by the City
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Council at their next regularly scheduled meeting, whic� will be
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held on Tuesday, October 4, 1994. The Council meeting starts at
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7:30 o'clock P.M. here at City Hall in the Council Chambers. You,
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or a representative should plan on attending the meeting in order
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that your application will receive Council consideration .
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If you have any questions, please feel free to contact me.
Sincere'ly,
, �
(C�. /3
ICevin Batchelder
Administrative Assistant
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RLB:kkbj
Enclosures
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To:
, From:
Subject: j
CITY OF MENDOTA HEIGHTS
. - n�IIIViO
Septem 29, 1994
,
Mayor, City Council and City Adminis
Kevin Batchelder, Administrative Assi
Case No. 94-28: Mickens - Front Yard Setback Variance
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DISCUSSION �
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David and Brenda Mickens, of 1875 South Lexington Avenue, desire to bui
garage, three season porch, deck, front entry and dining room addition to their exL
home. The existing home does not have a garage and the proposed garage will ext
further than a line drawn between neighbors on hoth sides, therefore requiring a va
Section 4.6(4)b. (Please see attached Application and Planner's Report.)
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At the September meeting, the Planning Commission reviewed this request
expressed no concerns with the proposal. The Planning Commission felt that there
hardship present in that their neighbor to the north is setback over four hundred feE
the proposed addition would be setback thirty eight feet (38'), which is more than i
the R 1 district. The Commission felt that each home should have a garage and th�
a well planned proposal and an improvement to the property.
RECOMI��NDATION
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The Planning Commission waived the required public hearing as the Micke�
submitted all the required signatures of consent. The Planning Commission voted 'j
recommend that City Council approve a Front Yard Setback Variance to Section 4J
allow construction of the proposed garage addition at a setback of thirty eight feet j
proposed. � 1
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ACTION REOUIRED .
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Meet with the applicants. If the City Council desires to implement the
recommendati.on of the Planning Commission, they should pass a motion to app
Yard Setback Variance to Section 4.6(4)b to allow construction of the proposed
addition at a setback of thirty eight feet (38'), as proposed.
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CONSllLTiNG FLANNERS
LANDSCAPE ARCEi1TECTS
3{)p FIRS7' AVENIJE IJORTF!
SUITE ?10
MiNNEAPOLIS, MN S�AQt
�,��•.3.�Ca•aaoo
PLATiND!tG REPORT
DATE:
CASE NO:
APPLICANT:
LOCATICIN:
�.
ACTION REQUESTED:
PREPARED BY:
PLA,]�TN�vG CONSIDERATIONS
Background
September 28, i994
94-28
David and Brenda 1Vfickens
18'75 Sauth I.exington Avenue
Frant Yard Setback Variance
C: John Uban
David and Brenda 1Vficicens desire ta build a garage, three season porch, deck� front entry and dining
room adrlition onto their existing home. The home is cunenfly wi�hout a garage. Seciion 4.6 {46)
does not allow a hame to extend &uthe,r iha�n a line drawn between the neighbors on both those sides.
Althaugh the hame is set back 57.71 feet, the garage extension will require a variance #a the setback
ordinance.
The home immediately to the narth has an extreme setback of over four hundred feet. It is
anticipated that a new subdivision will accur on this praperiy at some point in the future. At that
time, the NTickens home will establish a setback for the new lot adjacent to it. The home to the south
was 6uiit to line up with the older M"zckens residence. That house is sei back appro�cimately S8 feet
from Lexin,gton Avenue.
The M"ickens home is ariented with the front entry facing north and nat facing Le�rington Avenue.
It is not clear, but this oider home was perhaps built anticipating a development pattern araund it
which did not occur. The character of the neighborhood along Lexington Avenue is that of homes
with a greai variety of setbacks so that incremental adj�zsiments would still maintain the chara.cter o£
the neighbarhood. �
T'he N.Gickens submutted all of the required signatures of cansent and the Planning Commission may ._
waive the required public heaxing. --
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September 28, 1994
Case 94-28
Page 2 j
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Front Yard Setback Variance
The ordinance requiring the matching setback of adjacent hames helps create cc
neighborhoods so that front yard open space and privacy can be maintained, W
setbacks already are in place and adjacent properiy is anticipated to redevelop, the
setback.s should be made incremental so as to create an even adjustrnent fram a
perhaps the nornial setback on fuhue platted lots adjacent to Lexingtoa What is
attached site plan is a. garage which is proposed to be 38 feet from the I.exington .
Iine. This would be 20 feet in frant of the adjacent properiy ta the south. Howe�
to the north may create lots tllat would want onty a t��rty foot setback from Lexin
,
.. The letter of intent descnb�s the reairangement af the house interior that is necess�
garage and provide a new entrance to the home. The proposed additian is thirteen feet
Iot line aiid is designed to save trees atang fihe northern edge of the property. The ,garai
further forward ta allow a certain arrangement of interiar spaces so that the interior �
the garage lines up with the kitchen, nat the living raom The home design also pu�.
; the northern: edge ofthe propert.y which is the furthest distance from the praperiy to tl
1V�ckens home adja�t ta the s�irthe�n neagi;bor maint�ains ihe common setback The g
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will set the tone far the setback far redeveloped lots to the north. �
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� The variance request indicates that the hardship on the site is that there is no g{
orientation af the � home was to the north creating di#�azlty for fihe gara.ge at
reorier�tatian of intexior spaces. The addidon will also have an aesthetia benefit to the �
and will remave pa�;�Ced cars from being stared au#side an the e�isting driveway and pl
a new garage. Overall the proposed addidon is an improvement to the house and prop+�
represent'an attra.ctive addition ta the neighbarhood.
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Action j '
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Review tI, e applicant's request and make a recommendatian to the City Council.
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stency within
� a variety of
astments anci �
:p setback to
ubited on the
;nue properiy
develapment
ry ta attach a
from the side
;e is e,�ctended
;ntrance &om
the garage at
e south. The
ra�e additian
and the
ent and
them into
value and
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APPLICATIQN FQR CQNSIDERATIQN
OF
PLA1�iNING REQIT�ST
c�rro: � ��I- a� �
Date af Appiicadon
Fee Paid �i - � - , �'r� 3"�. c�
APPucant Name: /GkEA�S�_A vi ._�.,+�B�N.11��_k'H: �'�A- d 2��"'
(,�c� {F'�st) {ivu} . �
Addnss: , f��S S: G.Ex�N6mN �: �`JE`.Vde7�,� ,f�F'/G�T�t' �i�t/ SS//8"
(Nnmber & Strce�t) tGity} <State} C�P)
OwnerName: .sxnre
(I.ast) (F'xrst) (N�
Address: S4�rxe
{Numbec & stre�t) (t�ty} {Stace} C�F)
Street Location of Property in Question: 1�r1'S �S"'. . L.E'XiNGTeN ,�jYE".
uS� �Ption of Pmperry: T/� .�s.•� e�' -iSr,� NE ��- e�f' �l,e �1,E r•�,��c�i'.,� 2q _Ti,.�,�s�Llp �
A�koft� GwxtyfMi.trtGtof�c
�� 2,���►,��ri Lrd a�+r �llewT ; E"o �r�� af �lir nerr5��dr� cern�►r- e'F Sala� tS"etfii.= ,27j
C�'d�t�iaatal at �ck�
Type Of ReqtleSt:
Rexaning _..�_ Variance J�"�nrr- YARo S�"�'�
Conditional Use Peimit
Conditional Usc Pemnit for P.0 D.
Plan Appxr�val
Comprehc�sive Plan Amendment
Subdivision Approval
Wetlands Pemvit
Qrher (attach eaplaaat`ron�
APPlicablc t�ty {�rdiaance Numbcr �,�.��� Section
Fresen� zon�i�gfliP�rE� Present Use �S1nQle F�.h; !v �Pe.ri ts��s
' {tt�'t {t !' 4 � i�' � 4fi :t
I hereby dedanc ihat att statemcnts mad� u�: this request and on the addidonal .�
materia� are �e. •, � . {a�����-'/� F�� � �
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(SignaLune af Agptic�nt}
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(Receivedby-'Iitle) � .
1101 Victorica Curve -,1V�endota Heights, Ri�.N • 5v118 � 452� 185C1
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f�ten�e� d.t 'aH itSsumed bcarinj af �%v�� �t/onJ �/rc �� 1%N� ef tkt'� Sc��n ��
Q dit�'dntt ef 89ti Sa ,F�ct �o �e po.a� af` �c�inai�r�► ���yc�, oK a,��q�.,�,��
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�f 4tleS'i�'� 3Z8. 33 �tef� '3�ttnt�� dn a bCarr � 4� .�ov7�{ j�`O.d4 �ef'> � Cncr o�c ot
� Eas� /:ar e1� S�ttd ,fett4in .�7 • flica�e an a.
�ic4Ain�i af E.c,tt .�.2a'. 3a? f'�ef'. ?� �t 1 � �
bta+^irc�# �� Nort�i� a/o� �r� E•c,sf l,`.rt tf s�tid Stcfi`a4 2?� a d;sl+�a+rr �t cf '�Jd,oO
'�ref -h+ �c �oo1K� o�F .�c�,ttn.�i►sy� �Ercte�*f �flre FQst SO.c+o �ke't� +t1i�r�of {�►r road
�rvr�pafed'. � /�ccord.��� �o fi4c lGav�«�rr�t �°wr�r �Hrr.ra�,
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City o�t
�,�. � . ,�►��ndota Hei�hts
F��I
SIGNATIIRES t3F Ct,�NSENT FOR �ARIANCE REOUEST •
TO:
FROM:
RE:
The Planning Com�aission, City of Mendota Iieights
Property owners o�;
t � � , � ,
�► . �►,�,._ :..� �� f ,� ,
We the undersigned have reviewed the plans far .,� �c �,t�' s at�►.� ��"cc�
: and understand the terms and
condzt�ons of the requested var�a�ce for �,�-�- ���..Ye� �..,��"��
1 lc,�. �• c�.t�c�. - L{ � Gf �
We have no�ob�ections to this r�q�est and do he;
written oonsent and consent to waiver cf public
sincerely,
NAME {Pl.ease Print)
�� ���_ �C�.�v �n
�w�.cs 4 tY�ca.r—c «... �'�1��.�'�E��..a
,�c�.r•� �o �; t'
�ti
SIGNATURE
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ve our
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ADDRESS (INCL. IATI
!f5?`7 �..t�.x t riQ �ok �vf -
t �- � K .
1�;�. � 1 1z. 1�� v�. .�'�cre. ..
1101 Victaria Curve • 1V�endota Heights,lViN • 55118 452 • 18v0 �
�
Sep�ember 23, 1994
Mr. and Mrs, David Mickens
1875 S .: Le�cingtou Avenue
Mendota Heights, NIl�T 55118
1
� 1'�y O�
1��ienda�a Hei�hts
Dear Mr'. and Mrs. Mickens:
i
Your application for a Var3.aace will be considered by �.he
Commission at their next regularly �cheduled meeting, whic
held on Tueg�ap. September 2T, 1994. The �Planning C<
meeting starts at 7:30 o'clock P.M. here are City Hal:
Council Ch��unbers. Yau, or a representative should
atteuding the meeting, in order tha� your application wil:
Commission consideration.
Sf you have any queations, please feel free to contact
i
Sincerely,
;
�;�,�,:, . ��-.
Kevin Batchelder
Adn�3.nistra.tive Assista.nt
RLB : k:kb �
�
,
Enclosures
lf Ol Victoria Curve - It�endota Heighis, �V�iN � 5v118
j Pl.anning
h will be
�mmission
L in the
�plan on
L receive
�
September 29, 1994
Mr. and Mrs. David Mickens
1875 South Lexington Avenue
Mendota Heights, NII�i 55118
Dear Mr. and Mrs. Mickens:
C ity o�
1Viendota Heights
Your application�for a Variaace will be considered by the City -
Council at their next regularly scheduled meeting, which will be
held on Tuesday. October 4, 1994. The Council meeting starts at
7:30 o'clock P.M. here at City Hall in the Council Chambers. You,
or a representative should plan on attending the meeting in order
that your application will receive Council consideration .
If you have any questions, please feel free to contact me.
Sincerely,
��i��--�x�
Revin Batchelder
Administrative Assistant
RLB:kkb
Enclosures
1101 Victoria Curve -1Viendota Heights, 1VIN • 55118 452 • 1850
, • � �
t �
�
August 31,
.T. ,
� LETTER OF INTENT
I �
,
To the members of the Mendota Heights Planning Commission:
�Our home is about thirty years old. The existing structure doe�s
have a garage. It is sited on the lot with its main entrance facing to th
north'side, and has a"back" door (entering to the basement stairwell �
kitchen) that faces the front. This has always been a source of confusi
for our guests. The lot is landscaped with a perimeter of trees and sh
including a beautiful wind break of about eighteen mature spruces tha
the entire north lot line.
�We are ro osin an addition that we have desi ned in an effo�
, P P g g
eliminate the problems discussed above and that can be constructed iri
a way' as to save as many of the trees as possible. It would include ari
attached 2-car garage aligned to the existing driveway area and a new
entry.; The new entry foyer, using the space of the current dining ar�
necessitates relocating the dining room to the front of the kitchen. Th
new plan would also include a small wood deck and three-season porc
located behind the garage and accessed from the old main entrance. `
have projected the new garage forward of the existing house to accom
the ca'rs and.� stairway and landing that would lead to the entry hall
directly across from the kitchen. - _
;The existing front yard setback is approximately 58 feet, and ha
been matched by the house next door to the south. The lot to the nort
a house that lies about 400 feet back. Other houses in the area fall in
wide variety of setbacks along this side of Lexington Avenue. The
proposed addition would require a new setback dimension of 38 feet t
front of the garage (36 feet including a 24 inch roof overhang). �
iWe very much appreciate your consideration of this vaziance
application. Thank you.
,
; - Sincerely,
David H.
Brenda J.
not
e
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To:
From:
Subject:
CITY OF NIII�TDOTA HEIGHTS
�� �
�
Septem r 30, 1994
Ma.yor, City Council and City Adminis t
3�
Kevin Batchelder, Admi.nistrative Ass
Case No. 94-30: Fischer - Wetlands Permit
Mr: and Ms. 7ames Fischer desire to build a single family house on Lot 9,
Rolling Green Addition (1830 Rolling Green Curve). The proposed home is withi
of a designated wetlands, which is a pond at the rear of the property. At its close�
the proposed home will be fifty eight feet (58') from the wetlands and a Wetlands
required. '(Please see attached Planner's Report and Application.)
�
At the Planning Commission meeting, there was a discussion about the fro�
setback of �the home (proposed to be at 42 feet) and whether the home could be mc
further from the pond. The Planning Commission felt that the proposed location `
impact the� wetlands and that the site design and setback was appropriate. The Pla
Commission did suggest that the proposed silt fence be moved to the other side to
water inlet and closer to the drainage and utility line.
�
RECOMMENDATION
Th � Planning Commission waived the required public hearing as the applic
submitted all the signatures of consent. The Planning Commission voted 7-0 to re
that City Council appmve a Wetlands Permit to allow construction of a single fam
withia fifty eight feet (58') of the wetlands, as proposed, with the condition that t�
be located�uphill of the inlet and closer to the drainage and utility easement line.
� ,
ACTION �RE4UIRED
M�t with the applicants. If the City Council desires to implement the
recommendation of the Planning Commission, they should pass a motion approvin
Wetlands Permit to allow construction of a single family home to within fifty eigh
of the wetlands, as proposed, with the condition that the silt fence be located uphi]
inlet and closer to the drai.nage and utility easement line.
�lock 3,
100 feet
point,
ermit is
yard
rd
uld not
ing
e storm
ts had
mmend
� home to
siltfence
;a
feet (58')
of the
s �
�!�(:t7Ni•(iU 0.: i i �
CONSULTING PLANNERS
LANDSCAI�E ARCHiTECiS
?l(1Q FIRST AVENUE (JORTH
SUiTE 210
MiNNEAPC7LtS, MN SS:tt}i
fi12•339�330U
PLA►N.1�IING REPORT .
DATE:
CASE NCI:
APPLICA►NT:
LQCATION:
ACTION �tEQLJESTED:
PREPART.� BY:
PLANI�TING Ct}NSIDER.ATIONS
Backgrouad
September 28, 1994
94-3Q
James V�. Fisher
1830 Rolling Green C`urve, Lot 9,
Block 3, Rolling Green Addition
Wetland Permit
C. John Uhan
Mr. F'�sher is requesting a wetiands permit for the consiruction of a new horne an the last remaining
lot on Rolling Green Curve. This subdivisian was nat reviewed under the wetland ardinance. This
is an older subdivisian where ane ren�aining lot has been Ieft undeveloped untit this time.
Mr. Fisher faund out from lus ne�ghbor that a wettands pennit was required, athervvise he would have
been grading and building on the fot this week. City staffreviewed his application Iast week and
allowed him to fast track a wetlands permit to the Planning Commission to minimize his delay in
construciing his new home.
As shown anthe attached site plaq the proposed home will need�a wetiands pernut as the 100 foat
setback to the wettand does not leave a buildable pad an the platted lot. At the tune of writing the
review, the applicant had not supplied the written signatures of the neighbors. This will be
determined at meeting time.
Wetlands Permit
The lot has already been graded with the construction of the subdivision and the slopes and soils have
been stabilized. Much of the lot is opsn except for the few trees that are noted on the site plan. The
�
September 28, I994 ,
Case 94-30
Page 2 }
�
I
ietter of intent indicates that there wil1 be minimal disturbance to the partion of the �
the wstland and that their intention is to re-natur�lize the back yard to the benefit �
The closest portion of the building is 58 feet to the wetland and the proposed
appra�imatel.y 60 feet to the wetiand. The p1an also shaws silt fencing around the wet
prate�ian during canstnzction. The hame site plan is consistent with the developn
lots on Rolling Green Curve, -
Actionr
R.eview
�
request and make a recommendation ta the City Council.
ty close to
wetland.
>k would be
i £or erosion'
� of the other _
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Applicant Name:
�
�
- . C lty O�
1Viendota Heights
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Case No. -�.�
• � � Date of Ap�li tion - � ,
Fee Paid
�scl��� �i�.r w pu• (�z) � 9g� �3�
���
Address: � �l/ J� �L �
, � (Number & Street) ,
Owner Name: __ _ _ �� � �
(Last)
• � Address:
4 (Number & Street)
I
Stc�eet Locatton of Properiy in Question:
' I.egal Description of Property:
i
�
(F'�) (�
s? ����5� PA�
L o7'
��� s .� ii �
(State) (Zip)
�
(s�) C�P)
/�0 c, �./`V G �/�=��1/
✓�
�CL�v4 � �i���l/
Type of Rcquest:
I Rezoning Variance
f Conditional Use Peimit Subdivision Approval
1 Conditional Use Permit for P.0 D. _� Wetlands Petmit
r Plan Approval Other (attach explanat
i Compre,heasive Plan Amendment
�
Applicablc C�ty Ondinance Number Section
1
Present Zoning cxf•ProperE� Present Use •
Proposed �ning of Property ; Proposed Usc '
�
I hereby dedan that ali stat,ements made in this request an n e additional
materia� a�e tcne. . � G
1101
�/Ntit iVi
�e of Applic�t)
�'`�Z���
c���
(Received by - �de) '
Curve • 1Viendota Heights,lViN - 55118
1
�52•1850 �
.I
�
�
�
. C ity o�
.�. � . 1Vlendota Heights
&IGNATIIRES OF CONSENT FOR VARIANCE REOIIEST
TO: The Planning Commission, City of Mendota Heights
FROM: Property Owners of
xE: l�la �T �A-ti?1�S � �M � � �r�. �� l�R�� ��--�tii� �T�.N
C.��.tf�
We the undersigned have reviewed the plans for j�(���{�t �Z �/�
�� t0��wt�r' : and understand the terms and
condita.ons of the requested variance for _ k�'zL�, P�.,.,v��
We have no
written consent and consent to waiver of public
Sincerely,
NAME (Please Pri.nt)
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.ve our
ADDRESS (INCL. LOT).
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1101 Victoria Curve -1Viendota Heights,lViN • 55118 452•1850
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• ; '• , •� LOT 9, BLOCK 3 ROWJ�
. . � '• .,��� : .
•S(1'E• IAATERWL • � � . : , :
' . ,.� � . TOE Of • •
'��'.' ' . fl18RIC, ' �
. , . ,'. • . .
. :: . .. . " r .:. . �• . � . .. . .. •.. . �/ . .. PROPOSED ELEVATIO�
. g�g,��� . �9 �/� �
F.E/�CE DETA/L• � � • • � � ��,L�• �0. �• . . . FIRST FLOOR ��_
. � C, • � .�,� .. . .. . .. GARAGE FLOOR �j_
BASEMENT GC
. . • ' � BG96 � ,
� S 89'24'S2" E-- � 8�� ' � `�i � . � . .
� . . � 6.24ti� . .
i L �� `'�Q �6
tr � � � �STj� c'� � ,��°'
. . i 4• ;� 1���9 65 � . .
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" • � � t�`
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. rs . . . . • �1200 — f..i � � '`.�� � /1"CK'� �.
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— i�u—�i.� � � M PROPOSED HOUSE `''�� �� � -� �
� ',b � � _ -� � '•. r ^ \ \ G � m
,� �- — -- � . 6
— O .� ¢"CF f • aa � � . �3 � � (� V
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b � 8c � o�� G�- '�; �y � �� � `�`,$)
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. . . . '�.� .r� ' S� �
. . • .. w xo`B� � C,�F �' � / CORNFR OF SHEO IS ..
SHORf UPfE OF PONO � `� � � �1.3 FFET NOR7H OF UNE
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. . . .... .•:. . : .. . .••i•� • n �� n �. • � • . � . . . • c�taat'oF_sHFn is � .
� v i v v a2 Fr soun� oF uNE ��� ' .
:. � ' SET IRON PIPE� MARKED N0. 16099
t �--o SPLIT RAIL FENCE
• i �—K BARBED WIRE FENCE
� � � � � FOUND IRON PIPE � �
� ; — — DRAINAGE AND UTILITY EASEMENT
�' �"=--� PER PLAT, WIDTH AS INOICATED
, + I � CABLE T.V.
� i � TELEPHONE CLOSURE BOX
� (l MANHOLE
�
�-
NORTH
p 30
I. � .-. T1�T G'�
�
C ity o� �
..., ,� 1Viendota Heights
September 29, 1994
Mr. and Mrs. James Fischer
1115 Elway Street, #107
St. Paul, NIl� 55116
Dear Mr. and Mrs. Fischer:
Your application�for a Wetlands Permit will be considered by the _
City Council at their next regularly scheduled meeting, which will
be held on Tuesday, Oetober 4. 1994. The Council meeting starts at
7:30 o'clock P.M. here at City Hall in the Council Chambers. You,
or a representative should plan on attending the meeting in order
that your application will receive Council consideration .
If you have any questions, please feel free to contact me.
Sincerely,
Revin Batchelder
Administrative Assistant
KLB:kkb
Enclosures
1101 Victoria Curve -1Viendota Heights, 1ViN • 55118 452 • 1850
1994
.
, 1'
1Vier�dota Hei
Mr. James Fischer
1115 Elway Street, #107
St. Paul, NII�T 55116 '
i .
Dear Mr� Fischer: � '
f
Your application for a Wetlands Permit will be considerec
Planning Commission at their next regularly scheduled i
which will be held on �.'uesdav, September 27, 1994. The ]
Commi.ssion meeting atarts at 7:30 o'clock P.M. here are C:
in the Council Chambera. You, or a representative should
attending the meeting, in order that your application will
Com�ni.ssion consideration.
If you h�ve any questions, please feel free to contact me.
Sincerely,
I
k����; �(��(�-,
Kevin Batchelder ��`�4J
Administ'rative Assistant
. �
3
,
RLB:kkb j
3
Enclosures
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hts
by the
:eting,
.ty Hall
plan on
receive
�
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1101 Victoria Curve =1Viendota Heights, 1VIN • 55118 452 • 1850
� �
To:
From:
Subject:
CITY OF MENDOTA HEIGHTS
I 1� �
Septembe 30, 1994
Mayor, City Council and City Administrat
Kevin Batchelder, Administrative Ass �
Case No. 94-26: Crombie - Lot SplidSubdivision and Variance
DISCUSSION
1VIi. Bria.a Crombie appeared at a public hearing before the Planning Comn
their September 27, 1994 meeting, to request a lot split at 1575 Wachtler Avenue.�
is on the aouthwest comer of Wachtler Avenue and Park Place Drive. Mr. Crom�
to split the existing lot into two lots in order to construct a single family home on i
created lot. (Please see attached Application and Planner's Report.)
�
The City is requesting that drai.nage and utility easements are provided for �
and that a fifty foot (50') roadway easement be provided along Wachtler Avenue f
County Right-of-Way. The request for the fifty foot (50') roadway easement willi
existing home at a twenty five faot (25') front yard setback, therefore, a five foot
yard setback variance is needed for the existing home. The relationship between tl
and the street/curb will not change.
Mr. Crombie has submitted a revised Certificate of Survey dated Septembe
that provides the requested easements.
�
At the public hearing, Mr. Mike Evenson, a neighbor, appeared to express�
concerns about tree and vegetation preservation and drdinage. Mr. Evenson has al
submittecl a letter, which is attached. The applicant desires that the City obtai.n a c
and utility easement on Mr. Evenson's property where the storm water outlet has t
extended 'from its original location. The Planning Commission concurs with the ni
new easement. The Engineering Department has spoken with Mr. Evenson and it
that the City will be able to obtairJ�this easement.
RECOM1Vb�ENUATION �'�
�
The Planning Co 'ssion voted 7-0 to close the public hearing. The Plam
Commission voted 7-0 mmend that. City Council approve the Lot Split, as p
and a five foot (5' f t y d setback variance for the existing home on Parcel A, �
condition'that drain utility easements be provided, that a fifty foot roadway
along Wachtler Avenue be provided and that a storm water easement he obtained f
storm water outlet on the adjacent property.
t
�
� �
�
I
�ssion, at
This lot
� desires
ie newly
; new lot
the
�ce the
) front
home
26, 1994
his
for a
with the
easement
�r the
ACTION REOUIRED
Meet with the applicant. If the City Council desires to implement the Planni.ng
Commission's recommendation, they should pass a motion to approve a Lot Split, as
proposed, and a five foot (5') front yard setback variance for the existing home on Parcel A,
with the condition that drdinage and utility easements be provided, that a fifty foot roadway
easement along Wachtler Avenue be provided and that a storm water easement be obtained
for the storm water outlet on the adjacent property.
�
�
M / , f
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CONSULTING 1�LANvERS
LANDSCtIt�E ARCiiiTECTS
.3(?Q FiRST AVENIJE NC?l2Tli
SUITE 2lCl
MiNiVEAPOLIS. R4N 5>-3(ll
b l2 �.339 •.i.i0(1
CASE NO: �
z
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t
APFLIC�.NT:
S
LOCATI� N:
ACTION�REQUESTED:
PREPA1tED BY:
;
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i
PLAN1vIl�TG CONSIDERATI4N5
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Backgro � nd
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September 27, 1994
94-26
Brain Crombie
1575 Wachtler Avenue
Subdivisionl.Lot Splii
Mr. Brian Crombie desires to split a lpt at 1575 Wa�rhtler Avenue and build a new hom
a:eaied Iot. This lat is metes and bounds and in order to sptzt it, it is necessary to pl;
and a subdiEvision pracess is required. Nannally, this wauld be handled as a simpie Ic
the eartensive requirements of the subdivisian ordinance. Because it is metes �
subdivision review applies in order to properiy accammodate the needed right-of-wf
Avenue and con6rm a boundary survey with tbe s�uraundirig p2ats. Beaause this
providing new streets, utiiities, grading and so forth much of the subdivision review
�
The submitted materiais include a baunciary survey and proposed Iot split atong
topography for the area showing the sunounding homes and a general depictian of e�
the site. The adjacent area was platted with the Park Place plat, and at that time th
inctuded uiilities along Park Piace Drive to accammodate two tots for this pazcel. Ass
Ievied for two lots and paid in full. �
The Crty st�,affhas met with the adjacent,neighbor to the west, Mr. Evenson, who has
on the newly
the property
split without
�d bounds, a
on Wachtler
>t split is not
; simplified.
the. City
trees on
were
a letter of
objecdon to the praposed Iot split. Mr: Evenson's Iot was developed by spliiiing off of land by ihe
adjaceni neighbor at the time Park Place Drive was built. Mr. Evenson connected about 57 feet of
drainage pipe to the City drainage aut 1et on his properiy so that he cauld fill the back �ortion of his
Iot. An extension ofthe public utility in this fashion would require the creation of a public easement
for drainage. This was not pravided ta the City at the time that Mr. Evenson did that work. The
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September 27, I994
Case 94-26
Page 2
drainage pipe is needed for area drainage and most of the land to the south drains into it. Alsa a
portion of the Crambie praperty naturally drains into ihis area and depends upon the public storm
sewer system for drainage.
Mr. Evensan and some of the other neighbors would not sign the sign.ature af consent form and staff
has published and mailed notice f'vr a pubiic hearing. .
SubdivisionlLot SpIit
Because all the City facilities are in ptace and the subdivisian is required only an the technicatity of
the parcel being metes and bounds, much of the reQuired subdivision information is not applicable or
warranted for the simple lot divisian The only construction that wili take place on the Iot is that
necessazy ta build a hame. There is no mass site grading, utiliry constructioq raad constcuction, or
'� storm ponding required. The submitted plans show ihe trees on the site and the generai Iocation o£
the future home. The plan also indicated the direction of drainage which is toward the City"s stozm
sewer and Park Place Drive. This pubtic utiiity was installed for the purpose of the riparian drainage
of aU the surrounding properties,
The properiy is appro�mately 330 feet by 125 feet. The platting process will require the dedication
af 50 feet of right-of-way along Wachtier Avenue (County Road 8} and this requirement wi11 Ieave
the existing home on a lot of 16,253 square fee�. The new lot wili be 18,753 squaze feet. The
dedication of right-of-way wilt Ieave the e�cisting home with a side yard af 25 feet from the new
Wachtler Avenus, which will create a non-canfomung condition. Tturty feet is required from the new
street right-of-way. The normal dedication for streets is 33 feet, the additiana117 feet is needed for
the county road designation. The a.ctual relationship between the hame and the pavement on
Wachtier Avenue does not change.
Both lots meet the minimum lot size of 15,040 square feet and the minimum requirement of 100 feet
of lot width, The new parcel has two e�stinng accessory stnzctures. The accessory si�u�tures are nat
allowed without a principal structure and will need to be removed.
The submitted plans show e�isting trees on the newly createrl,lot and the letter of intent indica.tes that
the new hame to be built v�Tiil be consistent with acisting homes in the neighborhood and that the goal
is preserve the ma�imum number of trces as passible. The building plans the hame site plan, and tree
preservation will be submitted at the time of bui�ding permit and reviewed by the City's building
inspector. The building inspector will also review drainage and grading plans specific to the home
and direct drainage toward the public storm pipe and review erosion cantral techniques praposed
with the building plan.
�
Additional items are needed to be included on the final. plat. These are drainage and utility easements
on the perimeter af the newly created lots and dedication of right-of-way atang Vtiachtier Avenue. "
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September 27, 1994
Case 94-26 -
Page 3 �
3
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Alsa the'apglicant witl be required to pay a park dedication fee with the final p1at.
Tlus lot split created through the platting of this property by itself will not reguire an;
util%ties, ;ar street construction except for the demolitian of two accessory structu
sutxounding it has all previausly been platted with full attention to streets and utiliti�
designed �to accommodate two parcels on the subject properiy. The e�ctensive plattin�
in the scibdivisian ordinance apply primarily to raw land where new s#reets, utilitie
storm sewer systems are being inst�lled. The only constxuction that wili take place on
of a single family home, which is contralled through #he building pernut process. ThE
is controlled through City zoning ard'u�ances and the building code. This is the sam
took piace on the adjacent properties and witl create a developmeni that is cansi
neighborhood.
1
i
Action j
�
Hold a public hearing and make a recommendadon to the City Cauncil on the requeste
i
Considerations
,
Require a�dedica�ion of fi&y feet fram centerline for Wachtler Avenue and require drain
easements araund the perimeter o�the property. �
�
a
gradin,g, new
�s. The area
,, which were
requirements
, grading and
he site is that
canstruction
; process that
tent with the
subdivision.
and utility
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C ity o�
--,.; .�.. �, • 1Viendota Heights
m
Applicant Name:
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Case No. Q `� - a �-P ;
Date of Application ej- `�
Fee Paid �43�.C1( � �-����� �
(�.ast) (F'�) (�
Address: � �71� �`�Id.�t.l . �LN-�tI �i/�.1�-- • �j � �
(Number & Street) iCit3') (State) (ZiP)
Owner Name:
(I.ast) (F'�st) (M�
Address:
(Number & Street)
(Cit3') (State) CLiP)
$hCCt I.001t10II Of �pCTLy III Qt1P.Sti0II: __ r�� � W� C�%-��~%��-+ ��%�
I.egal Description of Property:
T�►pe of Request:
Rezoning
Conditional Use Petmit
Condidonal Use Permit for P.0 D.
Plan Approval
Compreh�sivc Plan Amendment
Variance
�— Subdivision Approval — 3�J5 •��
Wetlands Permit
Other (attach explanation) �
Applicable City Ordinance Number �� � Section
Present Zaning. caf.PrnPerE� S 1= Present Use
V� �.�n��
Proposed Zoning of Property _�f' Proposed Use S�
I hereby dedan that aIi s'tatements made in this request andQn the addidonal
materia� are i:iue. � • -� .
�
��
�-SC.r'�v��.
(Signature of Applic�nt)
��� fq�
�� - -
(Received by - Title) ' � --
1101 Vietoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
�
September 6, 1994
City of�Mendota Heights
1101 Victoria Curve
Mendota�Heights, MN
To k'hom�It May Concern:
By copy �of this letter, please be advised of my intent to s
the property at 1575 Wachtler Drive, riendota Heights.
i :
I am a+home builder in the Lake Elmo area and have b
business for 23 years. I propose to subdivide the prope
two lots, each lot being approximately 18,000 square fe�
existing house with attached garage (at the corner of
Drive and Park Place Drive) will remain as it now exists.
intent that a single family hame be built on lot 2, consist
existing homes in the neighborhood and preserving the
number of trees possib e on the site.
. t
i
If you Y�ave any quest ons, please contact me at 770-0804.
Vgry truly yours,
`a��";C�� �. (� ,� �"'�-l.
f
Brian F: Crombie
ivide
een in
rty into
�t. The
Wachtler
It is my
ent with
maximum
�
�
CITY OF MENDOTA HEIGHTS
NOTICS OF HrsARING
September 7, 1994
TO WHOM IT MAY CONCBRNt
NOTICE is hereby given that the Planning Commission of Mendota
Heights will meet at 8:00 o'clock P.M., or as soon as possible
thereafter, on Tuesday, September 27, 1994, in the City Hall
Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota,
to consider an. application from Mr. Brian Crombie for a subdivision
which would create�two residential lots on the following described
property:
Parcel A
The East 180.00 feet of the North 125.00 feet of the South
323.00 feet of Government Lot 8 of Section 28 North, Range 23
... West, Dakota County, Minnesota, containing 22,503 square feet,
more or less.
Subject to existing County Road 8 along the easterly line
thereof .
Parcel B
The West 150. feet of the East 330.00 feet (20 rods) of the
North 125.00 feet of the South 323.00 feet of Government Lot
8 of Section 23, Township 28 North, Ran.ge 23 West, Dakota
County, Minnesota, containing 18,753 aquare feet, more or
less.
More particularly, this property is located at 1575 Wachtler
Avenue.
This notice is pursuant to City of Mendota Heights Ordinance
No. 301. Such persons as desire to be heard with reference to the
proposed Subdivision will be heard at this meeting. .
Kathleen M. Swanson
City Clerk
Auxiliary aids for disabled persons are available upon request
at least 120 hours ia advance. If a natice of less thaa 120
hours is received, the City of Meadota Heights will make every
attempt to provide the aids, however, this may not be possible
oa short notice. Please coatact City Administration at 452-
1850 with requests. _
�
T4:
E��
� i�y o�
1��iend+��a Hei°� hts
. r�
� f3IGNATIIREB OF CONSENT FOR VAR�ANCB RS,.QIIEBT
The Planning Commission, ci.ty of Mendota Heights
Property Owners af ��""�� LJ�,.c{h'€' {er
_ �-i � S� � c�. vr �r"2� wti b t�? .
�f `,: �r� 1 i �'
.. I
i
we fihe�undersigned have reviewed �he plans for �
i and unders�and the ter�ns
conditions af the requested w�:a�r Su�di,� v c
we aave no ob� ectl.ons to tt�i.s request and do • rie.
written consent�and consen� to waiver �of public
� Sincer �Iy,
NAME (Please Print� SIGNATURE
G�.�'�� n�a�T,�� c�..��
��.�c� t'�K�.?
,
�r4���,t�FZ. S`t"�t.€�_g..,�
, �
I
i i'
� •
,..
1!���►�i�D�'�(��r ::r,
....�� ..�
� ..
< <-.., te .
m
2101 �Ti+eturia Curve -1t�'�.endota Heights, 1V�N • 5vi18 4�2• i$�0
.
� �i�y o�
, j.,, j 1��ie�da�a Hei�hts
�,ZGNATIIREB OF CONSENT FOR VARIANCS RSOIIEST
TO: The Planning Cammission, City of Mendota 8eights
FRt?M: Praper�y 4wners of � 5`75 (�.ti1 �c{�'"i' iQr"'
t�� i4r'�cLv� ��"'Uw+ � + {'_
E��
i �
:-
We the undersigned have reviewed the plans far �"`� �- �-�+� �� �^�
: and understand the terms and �
cond tzons oi �he requested v��pc�.�-,ar '�.,��,� v �5 i o H
.
We have no objections to this request and do.he
written eonsent and eonsent to waiver of publie
Sincerely,
NAME (Please Printj
G � : . �•
�' r V sW...�
i � � �
r
t l. ..• � L'�a
.
.�.'�..,._� . ' .
I.
. �, .
r
,ve our
�g. ,
ADDRESS {INCL. L4T)
� �
�'" �•.. � >
��.:�..� �
i►,.:.:. _!►
Sr5 �,��' �
� ' ` �.t.
� .
21(!1 Victoria Curve -1't�iendota Heights,l"ViN - 55118 452•18�tf '
.�.� �.•
-
�
Septemb� r 29 ,
VIA FACSIMILE:
1994
770-0804
� City o�
1Viendota HeiN�lits
Mr. and Mrs. Brian Crombie
Lake Elmo, NIlV 55082
�
Dear Mr. and Mrs. Crombie:
Your application for a Subdivision will be considered by
f
Council�at their next regularly scheduled meeting, which
held on'Tuesday, October 4, 1994. The Council meeting
t
7:30 o'clock P.M. here at City Hall in the Council Chambe
or a representative should plan on attending the meeting
I
that your application will receive Council consideration
If you �ave any questions, please feel free to contact m
Sincerely,
���� ���.�.Cc�t�.� k,
� � ��
Revin Batchelder
Administrative Assistant
I
RLB:kkb�
Enclosures
�
�
.he City "
will be
arts at
� . You,
n order
�
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
� �
0
September 23, 1994
VIA FACSII�2ILE: 770-0804
Mr. and Mrs. Brian. Crombie
Lake $lmo, NIl�T 55082
Dear Mr. and Mrs. Crombie:
C ity o�
1Viendota Heights
Your application for a Subdivisioa will be considered by the
Planning Commission at their next regularly scheduled meeting,
which will be held on Tuesday. September 27, 1994. The Planning
Commission meeting starts at 7:30 o'clock P.M. here are City Hall
in the Council Chambers. You, or a representative should plan on
attending the meeting, in order that your application will receive
Commission considera.tion.
If you have any questions, please feel free to contact me.
Sincerely,
��`�.v` '`�
1`
Revin Batchelder
Administrative Assistant
;i ���i;i;S.^,
Bnclosures
1101 Victoria Curve -1Viendota Heights,lViN • 55118 452 • 1850
6
. .. � . �
�
� �
1
file: subdiv
�
City of � Mendota Iieights
Planning Conamission
22Q1 Victaria Curve
Mendota� Heights, NIld 55118
Dear Planning Commissian Members:
�
Thank yau for this opportunity ta outline our coi
regardstto a proposed lot split at 1575 Wachtler Avenue
Mr, & Mrs. Brian Crombie. We understand fihat Mr. & Mrs
have alright to build and we do not want to be v
obstructianists. �iowever, we have viable concerns that
influence our property with what we feel are previous]
legal precedents es�ablished far some of these concerns.
Our concerns itemi2ed below are with respect to c�
with the City of Mendata Heights Subdivisian Ordinance No
are made under the assumption fi.hat the Certificate of S�
sketches attached were submitted to the Gity as a��Pr+
Plat". j �
; a. Trees and vegetation adjacent to property lin
lot�proposed far development has many "old growth" treE
pravide�privacy screening between adjacent praperties,
habitat;for birds, squirrels, etc., prevent soil erosion,
aesthetics, and directly affect value oi adjaaent properti
Measuresj shauld be taken ta protect "a1d growth"�trees �
being cut down, 2. deleterious effects of canstruct
earthtnoving equipment, 3. excessive baakfill adjacent to
etc. The trees adjacent (within 30 feet plus or minus of
].inej are af key cancern and is recommended that they be p:
in their;entirety. We understand that some trees in the c�
the praperty must be maved to make roam far a future dwel:
is therefore recommended that these trees be relacated
spade tojnear the lot line to provide a natural barrier, �
natural �esthetics between dwellings and prevent soil ero;
� b. Drainage: Current surface water drains as i�
on existing tapographic maps ta a low spot which ,spans
adjoining propert.ies and when surface water is high enc
suhsequently drains to a 12 inch diameter pipe at the rea�
Evenson property to a storm drain at Park Place Drive. Du
after canstruction surface water run-off fram the propo:
will be }substani�ially increased due to a large portion
proposed;site baing covered by a impervious roof (proposes
footage ;unknawn} and significantly less surface grou:
available for water infiltration. This would represent a
conditiori from the present amount of water volwne currently
to that area. This can adversely affect the back of the
prapertylby placing a higher volwne ,of water, increas
saturatian of so�.l and adversely affect�ng by poten�ially �
;
!
��
:erns in
�wned by
Crambie
ewed as '
�irectly
� tested
pliance
341 and
vev and
�s : The
s which
natural
natural
:s, ete.
rom; i.
,on and
trunks,
the lot
:r of
� and
tree
dicated
several
atgh, it
of the
ing and
�d site
of the
square
d area
the
�
�
out vegetation at the rear of the Evenson property. Recommend the
proposed lots final grading plan (which is unknown at this time) be
developed to deter surface water from running to the West side of
the property (i.e. mitigate surface water drainage to west side of
the property by draining the majority of the water to the front of
the proposed lot, also, place gutter on structure to drain all roof
run-off to the front of the structure and eventually to the
street) . '
c. Siltation: Primarily during construction and to a
lessor degree subsequent to adequate landscaping a concern exists
for excessive top soil erosion which could adversely affect the•
rear of the Evenson property and potentially plug or alter existing
drainage patterns. This siltation would be due to existing
topography, extended periods of time (several months) of exposed
uriprotected top soil, unprotected stockpiled excavated material,
topsoil disturbance by construction equipment, etc. Obviously, the
amount of siltation would be largely dependent on future weather
condition (i.e. heavy rains, extended rains, etc). Recommend that
a silt fence be constructed a minimum of 30 feet away from the lot
�• line to prevent silt from entering the Evenson property during
construction. Also, the proposed lots final grading plan should be
developed as to deter water from running to the West side of the
property.
d. Content of "Preliminary Plat'� does not comply with
Sections 4, 8 and 10 of Ordinance 301. With reference to specific
requirements outlined in ordinance 301, several items are missing
from the "Preliminary Plat" and therefore makes it difficult to
ascertain the exact use of and subsequent affects on adjacent
properties. These issues are specifically outlined as follows:
(1) Section 4.1(2)(d) - "easements and section .....
also to be indicated" are not indicated.
(2) section 4.1.(4)(b) -"provision for surface water
disposal.... and flood control" is not indicated and could
adversely affect adjoining properties.
(3) Section 4.1(4)(g) - pA plan for soil erosion
.....control system" is not indicated.
(4) Section 4.1(4)(h) - ��A vegetation preservation
...... are to be planted'� is not indicated.
(5) Sections 5.4, 5.5, 5.6, 5.7 - Section 5.7 relates to
"wet soils" and the west side of proposed site contains ��wet soils��
e. The bottom line on the drawings presented do not
provide adequate information on how the proposed lot will be
developed and the subsequent affects on surrounding property. --
(i.e. proposed finish floor elevation, finish/final grading plan,
proposed building dimensions, proposed building elevations/height •-
(influence to trees), side yard set backs, etc. �
. �
i
�
A1"so, we obviously have a significant concern with re
the proposed type of construction, aesthetics, end vali
(i.e. brick on front, concrete drive, etc) and its direct i
the suriounding property values.
Again, thank you for this opportunity to address our
as we look forward to seeing you at the planning co.
meeting�
�
�
j /S/
b
� ebor B. enson
Mi ae G. Evenso
15 2 Boardwalk Court
Mendota Heights, I�i 5
�ect to
, etc.
�act on
�,
�
CITY OF MENDOTA HEIGHTS
�� �
iSeptember 30, 1994
To: � Mayor, City Council and City Administ
From: j Kevin Batchelder, Administrative Assi�
Subject: j Case No. 94-16: Lentsch - Wetlands Permit for Lot 7, Mendota V�
I '
DISCUSSION
,
I
Mr. Bill Lentsch appeared before public hearings at the July, August and ;
Planning Commission meetings to request a Wetlands Permit aad a Driveway Setl
Variance in order to allow construction of a single family home on Lot 7, Mendo�
(Arbor Court). A revised plan was submitted for the September meeting and the �
setback variance is no longer necessary. (Please see attached Application, Planne
and staff inemos dated 9-22-94 and 8-12-94.)
i
The Planaing Commission felt that the revised gradi.ng plan dated 9-26-94
all their earlier concerns with respect to impact to the wetlands, tree preservation �
driveway ,landi.ng area, driveway grades and design of the retai.ning walls/guardrai
the Planning Commission felt that this lot would not be allowed to be platted toda
the plan adequately addresses the needs of the site and provides adequate erosion c
i
�
Mr. Olsen, the neighbor to the west, appeared at the public hearing to exp:
concern for protecting the oak trees on their lot line that are near, or adjacent to, 1
proposed driveway for Lot 7. The Planning Commission e�ressed the hope that
be taken during the construction process to minimi�.� impact on these oak trees.
i
RECONIlVIII�TDATION
�
The Planning Commission voted 7-0 to close the public hearing. The Plan
Commission voted 7-0 to recommend that City Council approve a Wetlands Perm:
Mendota Woods to allow construction of a single family home, as proposed on thE
grading plan date 9-26-94. .
I
�
ACTION REQUIRED
�
Meet with the applicant. If the City Council desires to unplement the
recommendation of the Planning Commission, they should pass a motion to appro�
Wetlands �Permit for Lot 7, Mendota Woods to allow construction of a single fami
as proposed on the revised grading plan date 9-26-94.
� Woods
riveway
's Report
�ddressed
lans,
. Wlvle
, they felt
�ntrol.
�ss a
ie
are could
: for Lot 7,
revised
a
home,
September 23, 1994
Mr. William Lentsch
2305 Grange Avenu�
Oakdale, NIIJ 55128
Dear Mr. Lentsch:
� C ity o�
1Viendota Heights
Your application for a Variaace aad Wetlaads Permit will be
considered by the Planning Commission at their next regularly
scheduled meeting, which will be held on Tuesday, September 27,
1994. The Planning Commission meeting starts at 7:30 o'clock P.M.
here are City Hall in the Council Chambers. You, or a
representative should plan on attending the meeting, in order that
your application will receive Commission consideration.
If you have an.y questions, please feel free to contact me.
Sincerely,
�f� .
Revin Batchelder
Administrative Assistant
KLB:kkb
Enclosures
�
�
1101 Victoria Curve • 1Viendota Heights, 1VIN • 55118 452 • 1850
�
�
I '
T0:
FROM:
SUBJECT:
CITY OF MENDOTA HPIGHTS
MEMO
Planning Commission
September 22, 1994
James E. Danielson, Public Works Direc
Case No. 94-16: Lentsch - Variance and Wetlan
.� for Lot 7, Mendota
Permit
Mr: Bill Lentsch appeared before the August �Planning
Commission meeting to request a five foot (5') driveway�setback
„ variance and a wetlands permit to construct a driveway to within
twelve �eet (12') of a wetlands. I
�
After a lengthy discussion concerning the applicati
request;was continued to the September meeting to allow t
the appliicant to addresa the following: �
1. � Vehicular guardrail or post construction in the �
of the retaining wall.
2. � Driveway landing area outside the garage.
3.
4.
5.
6.
7.
8.
Vehicular turn around bay outside the garage.
Qua.ntification of vegetation loss. '
Snow storage easement on Lot 6.
Acquisition of a slope easement on Lot 6�
Dedication of a drainage and utility easement ac�
7, with a culvert under the driveway depending o�
grades.
Lan.dscape plan preparation.
Mr.j Lentsch recently informed me that the F
Commission's request would be very expensive, and that he e�
the expenses to be $50,000. He indicated that he is prep�
alternative plan which will be submitted at the September F
Commission meeting.
l
ACTION RE4IIIRED
' Mr.�Lentsch advises me that he will be at the SE
meeting t�o discuss potential alternatives for accessing Lot
a driveway. The Planning Commission should review Mr. Le
alternatives and give him guidelines on possible courses of
JED:kkb
on, the
ime for
ty
�ss Lot
actual
imates
incr an
7 with
�tsch's
iction. -_
CITY OF MENDOTA HEIGHTS
�� �
TO: Planning Commission
FROM: 7ames E. Danielson and
Public Works D'
SUBJECT: Lot 7, Block 1, Men ta Woods
�� ffiSTORY:
August 12, 1994
Kevin Batchelde �
Administrative
Lentsch
Wetlands Permit and Vari.ance to Driveway Setback
Case No. 94�16 .
Mr. Bill Lentsch submitted an application to the City for a variaace, wetlands permit,
and rezoning of Lot 7, Block 1, and Outlot B of Mendota Woods this June. This applicatioa
was scheduled for consideration by the Pl,aiwing Commission at their July 26, 1994 meeting
but was continued pending submissioa of additional information. 7ohn Uban's planning report
of 7uly 26, 1994 outlined some planning concerns regarding that initial application (see
attached report). �
At their July 26, 1994 meeting, the Planning Commission met with Mr. Bill Lentsch to
review a proposal to Rezone Outlot B, Mendota Woods and to request a Wetlands
Permit/Setback Variaace to allow Outlot B to receive driveway access from Arbor Court
across Lot 7(please see planner's report and map of area).
Mr. Lentsch stated that he was unable to get permission from the Kensington Manor
Home Association to use Brool�ield Lane (a private sh�eet) to access Outiot B. Therefore, he
had to seek a Wetlaads Permit/Setback Variance to cross Lot 7 to provide access from Arbor
Court. The Planning Commission felt that Brookfield Lane was a more appropriate avenue of
access and recommended that City Council consider the acquisitionJcondemnation of
Broo�'ield Lane so that Outlot B could be served. Since that time a tentative agreement was
reached betweea the association board members and the developer to pmvide access from
Brool�'ield Lane. This matter will be brought before the full association membership within
two weeks for a vote. '
DISCUSSION:
Mr. Lentsch has now submitted a plan for a wetlands permit and driveway setback
variance for Lot 7, Block 1, of Mendota Woods only, based on the assumption that Outlot B '
1 i
f � '
�
will receive access from Broold7ield Lane.
i .
This plan shows const�ction of the driveway abutting a portion of the
praperty Iine wiih the adjacent Zot b{zero setback}, which will require a vari
City's S foot driveway side yard setback.
from tiz.e
Z7ie plan shows the delineated wetland, pmposed grading, aad erosion conb
for fihe lot: A slope easement may be required over a portion of Lot 6 in order to �c
driveway on the 1ot line if the actual grades do not match the propased driveway gi
was stated: in the previous plau�ning report, snaw remaval fmm this driveway and it
storage on' the adjacent Lot 6 remains a concern with this plan.
. � `
� The existing surface dxainage from Lat 6 flows across Lot 7 to the wetL�nd.
drainage and utility easement should be dedicated aver Lot 7 to pmvide for this dra
culvert ma'y be required under the propased driveway to keep water fram ponding <
should the'driveway be higher than fihe euisting grades on the common paroperiy lin�
Lots 6 and '7. �
�
The plan shows a graposed retai;ning wall (2' - 8' high, 9Q' �ong)located in
proximity to the proposed dziveway. For a distance of appmx.imately 70 feet, the �
driveway elevation is between 4 and 8 feet higher th�n the gr�pased giade at the ba
retaiwing wall. Vehicles using this driveway have the potential of driving over the �
wall, e�specially in the winter, The plan should include some pravi�ion for g�ud ra
posts. { .
I
�
The plan shows a 10 °b driveway directly outside for the garage. It would b�
recommendation io construct a flatier area {2 °b +� for appmximately 20 feet in fron
garage to pmvide a relatively flat parking areat near the home.
Given the long driveway, it would be desirable ta construct a small turnarou
some distance outside the garage. A turnaraund bay would pmvide space for a veh
into and then drive forward to Arbor Court from the home.
1
A plan was presented by the applicant at the Planning Commission meeting �
1994 showing some e�ci.sting i�e Iacatians. At this point in time, proposed vegetati
not been quantified, nor has a landscaping or reglacement glan been submitted for t'
{
{
ACTI4N A:EOUI�.tTD:
�
Bas� an the judgement of the Planning Commission, the application can be
based an the' information submitted, or continue the public hearing pending further
information.! Possible conditions placed on tla�is plan application may include:
l.
2.
Vehicular gu��rd rai�. or post constructian in the vicin�ity of the
Driveway landing area outside the garage.
t measures
nstruet a
3es. As
pvssible
A
nage. A
� Lot 6
between
close
of the
;e of this
ar
our
of the
bay at
: to back
7uly 26,
ioss has
lot,
3. Vehicular tum around bay outside the garage.
4. Quantification of vegetation loss.
5. Snow storage easement on Lot 6.
6. Acquisition of a slope easement on Lot 6.
7. Dedication of a drainage and utility easement across Lot 7, with a culvert under
the driveway depending on achial grades.
8. LandscaPe P� PreParation.
:��I.�: �.:
�
�
�
�
t� i�y o�
,��endo�a Hei�ht�
�
�
�
September 29, 1994
�
Mr. William Len�sch
2305 Grange Avenue
Oakdale, I� 55128
,
Dear Mr. Lentsch:
Your agplication for a Wet2aads Pe�cmit will be consider+
City Cauncil. at their next regularly scheduled mee�in.g, w
be held�on Tuesdav. Oetober 4, 1994, The Council meeting
�•,,30 o'clock P.M. here at City Hall in the Council Chambe
1
or a representative should plan on attending the meeting
that your application will receive Council con�ideration
i
2
If yau have any que�tions, plea�e �eel free to con�act m�
I
Sincerely,
�,L�� ,..��...
!-�
i
Revin Batchelder
Administrative Assistan�
�_ = . •;
Enclosures
by the
�h wil3
arts at
. You,
1 order
1101 Victoria Curve -1Viendota Heights, 1ViN • 55118 452-1854
�
� C ity o�
.�,, , 1Viendota Heights
August 26, 1994
Mr. William Lentsch
2305 Grange Avenu�
Oakdale, NIlJ 55128
RF: Lot 7, Mendota Woods - Wetlands Permit
Dear Mr. Lentsch:
I am writing to formally notify you that the Planning
Commisaion continued the consideration of your Variance and
Wetlands Permit requested for Lot 7, Mendota Woods. The Planning
Commission continued their consideration to provide you time to
submit more professionally drawn plans that provide all the
required information necessary for a Wetlands Permit.
The Planning Commission requested the submission of a full
sized, large scale survey with a tree inventory that accurately
depicts the size and species of trees within the lot lines of Lot
7. Trees�that will be lost and trees that will be saved should be
labeled on this plan. This large scale plan should include
property lines and dimensions, as well as a grading plan.
The grading plan should indicated precisely where retaining
walls will be located and those areas that will be filled or
excavated. Sketch elevations of the proposed home were also
requested by the Planning Commission. Details on the retaining
walls and the erosion control plan should be included with the
grading plan.
The Planning Commission also requested that you consider
redesign of the driveway in order to soften the steep grades.
Please address items 1 through 8 in the August 12, 1994 Staff
Report, either in narrative form or on the revised plans.
1. Vehicular guardrail or post construction in the vicinity
of the retaining wall.
2. Driveway landing area outside the garage.
3. Vehicular turn around bay outside the garage.
4. Quantification of vegetation loss.
5. Snow storage easement on Lot 6.
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
�� Mr. William Lentsch
' August�26, 1994
� Page 2
(
6., Acquisition of a slop easement on Lot 6.
7! Dedication of a drainage and utility easement a
� 7, with a culvert u.nder the driveway depending�
� grades.
Sj Landscape plan preparation.
It should be relatively simple to incorporate the quality �
of details that were provided by Mr. Olsen in his submitl
for Lot 6. The Planning Commission is looking for this
detail�to consider your Wetlands Permit request. Plea�
these plans to City staff by September 14, 1994.
RLB : kkb �
cc: Ji.m Danielson,
�
�
(
�
Sincerely,
�I '/ i _ _
,'�J(J��j...`,L./�,-Q..r
vw'^-
Revin Batchelder
Administrative Assist
Public Works Director
�ss Lot
actual
ind level
ed plans
level of
e submit
t
C ity o�
.�. � . � 1Viendota Heights
August 19, 1994
Mr. William Lentsch
2305 Grange Avenu�
Oakdale, MN 55128
Dear Mr. Lentsch:
Your application for a Variance, Wetlands Permit and Rezonina will
be considered by the Planning Commission at their next regularly
scheduled meeting, which will be held on Tuesday, Auau$t 23, 1994.
" The Planning Commission meeting starts at 7:30 o'clock P.M. here
are City Hall in the Council Chambers. You, or a representative
should plan on attending the meeting, in order that your
application will receive Commission consideration.
If you have any questions, please feel free to contact me.
Sincerely,
.
� ((�
Revin Batchelder
Administrative Assistant
RLB:kkb
Enclosures
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
; �
���1i•
1Viendota
C ity o�
�ei�hts
July 22; 1994
�
�
1
I
Mr. William Lentsch
2305 Grange Avenu�
Oakdale; NIl�T 55128
�
�Dear Mr: Lentsch:
i
Your application for a Variance, Wetlands Permit and Res
be considered by the Planning Commi.ssion at their next
scheduled meeting, which �vill be held on Tuesday, JuZy
The Planni.ng Commission meeting starts at 7: 30 0' clock
are City Hall in the Council Chambers. You, or a repr
should ;plan on attending the meeting, in order
application will receive Commission consideration.
If you Yiave any questions, please feel free to contact
t
Sincerely,
�'�?,-Q� 1�-rl �� I�,Ct�
i
Revin Batchelder
Administrative Assistant
RLB:kkb
Enclosures
1101 Victoria Curve • 1Viendota Heights, 1VIN • 55118
� .
will
.���z.
P � M. here
sentative
hat your
me !
• 1850
INCc)Itl'OR!11'ED
CONSULTING PLANNERS
LANDSCAPE ARCfiITECTS
304 FiRST AVENUE I•TORTH
SU[TE 210
MiNNEAPOLiS, MN SS�OI
612•339•3300
FLANIVING REPORT
DATE:
CASE NO: "
APPLICANT:
LOCATIC?N:
ACTION REQUESTED:
PREPp►RED BY:
PLATtND.vG C4NSIDERATIONS
Backgraund
June 28, 1994'
94-16 8� 94-17
William Lentsch
Lot 7 and Outlot B
Mendota. Wc�ods �
Arbor Court
Variance and Weitands Pernut for
Joint Driveway �9M16}
Rezoning for Outtoi B, Mendata
woads (94-17}
C. 3ohn Uban '
As of this writing, we are still waiting for Mr. Lentsch to submit praper plans £or bath his
wetlandslvariance application and his rezoing application. Mr. Lentsch was allowed to submit his
infarmation Iate, but did not meet that e�ctended deadtine.
The wetiands pernut is required to construct a shazed driveway that would help minimize impact on
the nearby wetlands. The driveway will ha.ve to cross Lot '7 to access Outlot B, Mr, Lentsch
attempted to gain access from the Kensington Homeowne�'s Association, however, they did not grant
his request and there is na other alternative access to Outlot B. The variance is for a zero setback
to the driveway on Lot 7.
The Fire Marshal (1.K.'d the driveway if the house is sprinkled and 10' wide bituminous road with
gravel shoulders is built to suppart the fire trucks and provided an area is built far them to turn
around. This is similar to other requests for private driveways.
�
I
. �
f
!
, �
Case 94-Ib and 94-17
June 28, 1994
Page 2 I
�
The rezoning request is to remave the Outlot from the Kensington PUD and place an R
it for the construction of a singie famiiy dwelling. A singte famity home in the HR l
would requi're a canditional use permit which would have ta be amended with every da
�
or ather site madificatian. An abstract was submitted with the rezaning request and tl
to mail the published natice for a Public Hearing for the wetlands pernut variance and ;
i
The Public Hearing must b� cantinued because of the lack of plans. The sketch drawin;
submitted with the apptication do not dimensian the driveway and do not show the �
Quflot B. No contours are displayed and the wetlands are not located. No vegetation
ihe plan arid no erasion control plan is shown. In addidan, all the in£ormation requ
rezoning which includes a site development glan, dimension plan, grading plan, and 1an�
were nat included, �thout proper plans arriving in a timely fashion, your consulting �
�
cannot provide to you the information that is needed for review.
�
Action
*Table Case 94-16 and 44-IT subject ta camplete plans being submitted to the City
fashion. !
� ,
Zoning on
:lD district
:, addition,
s was used
that were
�eway on
shown on
ed far the
;,�pe p1an,
tv Planner
a timely
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PONDHAVEN � ANE� � 4 " ` .
b � 5 £ � h �`: � • � E�iV P N��, _
- �' � �` � �
4 5 0 � 10 I � g �� ` ``
� n < ,� T �� ��/ 12 � �
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"M.ENDOTA �IEIG�MTS . . ROAO � � . � - � �
• � . 10 . ' � t1, • 10 •
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June 9, 1994
Citp af Mendota Heights
Re: Lot 7, Black l, Mendota Woods
' �o whom it may concern:
We are requesting a 10 ft. variance fram the initial 20 ft. ordinance
Eor a driveway easement. The reason for this request is because the
20 ft. required drivewap would encroach upon the Wetland and because
af the steep topographq of said Iot.
We are also requesting a Wetland permit for this easement because
it is within lOQ ft oE the Wetlands. This driveway easement wili
service one residence on Lot 7 and one residence on 4utlot B.
Thank you for your consideration in this matter.
Since y
��� �—
• 1'' `
William M. Lentsch
CITY OF b�TDOTA HEIGHTS
NOTICS OE� HEARING
June 18 , ?
1994
TO 6PSOM .IT MAY CONCERNa
rTOTICE is hereby given that the Planning Commission of,Mendota
Heights �will meet at 8:15 o'clock P.M., or as soon as possible
thereafter, on Tuesday, June 28, 1994, in the City Hall�Council
Chambers�, 1101 Victoria Curve, Mendota Heights, Minnesota, to
consider an application from Mr. William Lentsch for a wetlands
permit and variance to allow the construction of a driveway on Lot
7, Block' 1, Mendota Woods to serve a single family house located on
Outlot B.
r
i
More particularly, this property is located on Arbor Courto
�
This notice is pursuant to City of Mendota Heights Ordinance
No. 4010 Such persons as desire to be heard with reference to the
proposed Wetlands Permit and Variance will be heard �at this
meeting:
�
ICathleen M. Swanson
City Clerk
I
Auxiliary aids for disabled persons are available upon request
atileast 120 hours ia advaace. If a notice of less Ethaa 120
hour� is received, the City of Meadota Heights will ma�ke every
attempt to provide the aids, however, this may not be possible
on�short not3.ce. Please coatact City Administratioa�at 452-
1850 with requestsa �
'�
��.,►1.t
� ; i�y a�
,��iendota Hei�ht�
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Case No. �i �--� - � �.p
Date of Q plication �- 1-y
Fee Pai'�.��P� . C� � ��„ 3 �1 �
Appiicant Name: h�Ir����'i/�" ��h�%.1�%n ��% PII:����% ✓ y'�f�
�)
(F'�rst) (Mn
aaar�: o� �'�/S G.2��/�f ,�r�� C��lz/�.r�� 1�� .S`�,_.S'/a'Sr
{Number & Streei} {City} {State} (Zig)
OwnerName: Gi�.�/�%� �/����G'��
tz�asc) CF'ust} (Mi}
Address: ��/ � � t/1��.� �� l�.sLU� �'!�'/ ��,�ti �
(Number & Street) (City) (State) (Zip)
Street Location of Property in Quesdon: �,� }� �i���- G,,�
I.egal I?escription of Property: .�Jl�, �`�fi��iff �ilff L7r�rL.-
1�'! ��t/l�l%�.•�- 1iY'rili,�?S'
Type of Request:
Rezaning
Conditional Use Permit
Conditional Use Ferniit for P.0 D.
Plan Approval
Comprehensive Plan Amendment
Applicable City Ordinance Number
Present Zo�ng. uf•ProperE3r Pmsent Use •
Proposed Zoning of Praperty .; Proposeci Use
�_ Variance -- Sa �4t�
Subdivision Approval
_,,.�,.,_ Wetlands PermiL � 35 •Oc�
Other (attach explanation)
Section
I hereby dec'tar�c ihal att s'tatem.ents znade in this request and on the ditional
materia� are true. .
(Signature of Apglicaui)
�.-�.-�.� 1 °l a
3
(R ived by - Title) '
1101 Victoria Curve • IViendota Heights, 1ViN • 55118 452 • 1850
. t
I
, I
, ;
,, t
�
CITY QF MENDOTA FiETG�ITS
i •
September 29,
Ma.yor, City Council and Ci.ty Administ
James E. Danielson, Public Works Di
SUBJECTi Case No_ 94-17; Len�sch - Rezoning/Access Issu
i
�
DISCUSSION
I
Mrj Bill Lent�ch has applied for a rezoning for t
Mendota�Woods Addi�ion from HR-PUD to R-1 single famil
Planning Commission has recommended the rezoning sula� ect t
for the`lot coming from Brookfield Lane {a private roadway
the Centex ma.nor homes). Council. delayed action on the
pending�an agreement from �he Manor Home xomeowners Ass
allowing for said acces�.
�
The Manor Home Homeawners Asaociation met on Monday, S
26 to consider Mr. Lentsch's request, and voted 33-14
gran�ing the access.
�
�ca�NnAT=o�
�
The Planning Commission recommends that driveway ac
Outlat B come from Brookfield Lane even if �hat access nee
candemned.
1
ACTION R84IIIRED
�
Outlot B ie currently unable �o gain access from t:
Home Homeowners Associa��.on, Council needs ta cietermine a c
actian.� Should that course of acGion be to condemn th�
access, ��he first s�.ep would be to acquire a farm�.l appr
Ghe right-oi-way required for the needed acces�.
�7'ED : kkb �
�
�
�
�
��
�ztlot B
� The
�access
serving
request
ciation
ptemqer
against
ss for
� ta be
Manor
�rse of
needed
sa1. af
m
CITY OF MENDOTA HEIGHTS
i� •
September 1, 1994
T0: Mayor, City Council and City Adminiatrator
FROM: James E. Danielson, Public Works Direc
SUBJSCT: Case No. 94-17: Lentsch - Rezoning
DISCIISSION
At their August meeting, the Planning Commi.ssion conducted a
continued hearing to consider a request from Mr. Bill Lentsch• to
rezone Outlot B, Mendota Woods from HI2-PUD to R-1. The major issue
on this lot was access, originally Mr. Lentsch had proposed access
from Arbor Court by crossing Lot 7 with a j oint driveway. The
Planning Commisaion and Council rejected this plan. and required
that.he work with the Kensington Manor Home Association to gain
access from Brook�field Lane. Mr. Lentsch has received approval
from the Manor Homes' Condominiums Association Board. and is waiting
for a vote of approval from the entire�association. .
The Association met on August 31 to take a vote, however,
aeveral questions arose that need to be anawered before the vote.
Association President Roberta Cline reported to me tha.t the vote
will now be taken at their September 26, 1994 meeting.
RECO�TDATION
At their August meeting, the Planning Commission voted
unaniunously to recommend approval for rezoning Outlot B, Mendota
Woods from HI2-PUD to R-1 single fami.ly.
ACTION RE4IIIRED
Meet with the applicant and then if Council desires to
implement the recommendation, a motion should be passed adopting
Resolution No. 94- , RESOLUTION APPROVING TH8 REZONING OF OUTLOT
B OF MENDOTA WOODS FROM HR-PUD TO R-l.
JED:kkb
�
CITY OF 1�NDOTA HEIGSTS
DAROTA COItNTY, MINNSSOTA
.
RESOLIITION NO. 94-
RESOLU't"TON APPROVING THE RSZONING OF QUTLOT 8 OF MENDOT;
� . FRt?M HR-PIID TQ R-1
�REA.S, Mr. William Lentsch is praposa.ng to con
single �family home on a site in an HR-PUD Zoning Dis�r�
site be'ing 4utlot B of Mendota Waods; and
�
�¢HSRSAS, the Zoning 4rdina.n.ce of the City of Mendot<
has 2oned this land HR-PUD (High Density-Planned Unit Deve:
and ! .
i
�BERFAS, the Planning Commi.esion aE the City of
Heights;has canducted t�he required public hearing at the
1994 and August 23, 1994 meetings and unani.mously recomme�
the City� Cauncil approve the requested Rezoning for the al
site to�allaw the future canstruction of a aingle fami.ly
:
NO�P THSRSFORE BE IT RESOLV�D that �he City Council of
of Mendota Heights approve the requeet and rezone Out:
Mendota�Woods from HR-PUD �o R-Z single family.
Adapted:by the City Council of the City of Mendata Heights
day of September, 1994._
�
CITY COUNCIL
CITY' OF N�NDOTA HEIGH7
I
� By
Mayor
ATTEST
�
�
Kathleen M. �wanson
City Cle'rk
i
;
�
I
�
i
�
�
8. Mertensotto
���r
�ruct a
t, said
Heights
pment ) ;
Mendota
izly 26,
led that
>ve said
City
B oi
6th
�
CITY OF MENDOTA HEIGHTS
i� •
August 18, 1994
TO�: Planning Commission •
FROM: Revin Batchelder, Adminietrative i t
SIIBJECT: Ca.se No.. 94-17: Lentsch - Rezoning
DISCQSSION
At the July Pla.nning Commieaion meeting, the Commission
reviewed an application from Mr. Bill Lentsch to rezone Outlot B of
Mendota Woode from ffit-PiJD to R-1. Mr. Lentsch desires to develop
this outlot . for a eingle family hoane. The Plan.ning Commisaion felt
that Brookfield La.ne was a more appropriate avenue for accesa than
that propoaed by Mr.. Lentsch, which was to come 3.n from Arbor Court
across Lot 7. The Planning Comm3.ssion reconuaended that City
Council consider the acquisition/condemn,ation of Brookfield Lane so
that Outlot B could be served. (See attached memo to City
Council).
City Council considered this item on August 2, 1994 and
directed Mr. Lentsch to work with the� townhouae aseociation for the
proper easements for accese from Brookfield Lane. Mr. Lentach met
with the asaociation and has come to a tentative agreement for
driveway and watermain easemente. City sanitary aewer is ava.ilable
at this location without the need for private easements.
The townhouae asaociation wae preeent at the Council meeting
and they have scheduled a vote by all their members oa the access
in late Auguat. The association boa.rd has tentatively arrived at
an agreement with Mr. Lentech, however they need a fifty percent
plus ratifica.tion by the membership.
Mr. Lentsch has not aubmitted a revised site plan tha.t shows
a drivewa.y to Brookfield La.ne. There is a.n old driveway that
exists and Mr. Lentech'e original site plan ahows the grading a.nd
drainage for a propoaed single family house on Outlot B.
�c+rzorr x�ov=�n
Continue
Council on the
HIt- PIID to R-1.
the public hearing. Make a recommendation to City
request to rezone Outlot B; of Mendota Woods, from
KLB : kkb ._.
T0:
FROM:
SOBJSCT."
�
• ' yl."d�l�,� _ :1: :ylk.
�ci s
' Julg 29, 1994
Mayor, Ci�� Couneil and Citg 1�dministra�
Kevin 8atchelder, Aautini.stra.tive Assi
!
Diecuaeioa oi Acquieition of Sroa]cfield Lane
Rensington M�nar Homes � _
Asscossiorr ,
�
�
At �heir July 26, 1994 meeting, �he Planning Commief
with Mr! 8ill Lentech �o review a praposal to Rezone Ot;
M�ndota Woods aad to reques� a Wetiands Pezm3.tjSetback Var:
allow OuG3.ot B to receive driveway access Erom Arbor Cauri
Lot ?. �tPlease $ee atta.ched Plan.aer's Report and Ma.p of <
Mr.! Len�ech was wia'�le to get perm.issian from the Rer
�Manar Home Association to use Broalcfield Lane {a priva.te st�
access Outlot 8. Theretore, he :had to seek a�
Permit�Setback Variance �o crass� Lo� 7 to provide access fzti
Court. ,The Planuing Commi.saion felt t�hat Broa}cfield Lan
more appz�opriate aveuue af access and recommended tb,at City
consider the acquiei�ion/condemaatian af Broo]cEield Lane
Outlot B could be served..
�
Chttlot 8 wae origiaally i.ateaded �c aerv�e as a sit�
manor hom�e s�rc�eture and Ce�hte7c Hames origin�.ly had a�
�agreemeat wi�h Mr. Srving Clark to include this with Pha
Kensing�ton, Outlot 8 was rezoned �t.-PDD as part af �
Rensington and Mr. Lentsch is requesrting it be returned tc
a single' fami.ly home can be canstructed.
,
Coneiderations for Citg acguisi�iaa o€ the right-of-wa�
ta conve'rt the priva.te Brookfield Lane street Go a public
include:� I
1. ��recedent - There are a number oE other private
,; within the Ci�y that serve townhome deveZapmer
! would be a great benefit �o all. �hose re�ident�
� Ci�y�would, acquire these streets and make them
' The diE�e'rence is tha� all these other priva.te
� are interxial and only service th.e development
�Braokfieid Lane was installed on Ghe, edge
Rensi.ngtom development to accouunodate the
�
,on• met
lot B,
:nce to
acroas
yet) to
:tlauq.cls
a Arbor
was a
:ounciZ
�o that
for a
trc.b.ase
e I of
Exase I
R-1 so
needed
street
�treets
3 . It
if �he
ublic.
treets
tself .
►f Ghe "
future
rr
expansion of the manor homes now tha.t will never occur.
This excess manor home la.nd is now developing single
family, and a.n access problem is now occurring. Mr.
Steven Patrick already had to develop h�s OuClot with a
long driveway from Arbor Court.
2. �intenance - Because thie street is private it was
constructed to a lesser design than a norm,al City street
and will be more dffficult to mainta.in. (It ha.s
" surmountable curbi.ng, tweaty-eight feet (28') wide
including curbing or twenty-four feet (24') of blacktop
surface) .
3. Leg�.l -,� There could be some potential legal problems
� associa.ted with the City's approval of this development
ae Pim and its private coven�aats. This aspect should be
reviewed by the City Attorney before proceeding.
i-'i�l�i�+��+1:'i�i� : ►� �)\
At their July meeti.ng, the Planning Comuii.ssion requested th,at
Council review the possibility of acquiri.ng the private Brookfield
Lane street and converting it to a public street in.order to avoid
granting the variances needed to serve Outlot B with atreet access
from Arbor Court.
: h+ ��� :,• �M»r s�f�
Review the Pla���ng Commiesion•s request and determine a
course of action.
NOTE: The Pl�*�� ng CommiB9io�1' 8 recommendation was made at a
public heaxing; but staff has not had time to notify
Kensington Manor Home Association.
RLB:kkb
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PLANI�IIlYG REPORT
I?ATE: �
� �
CASE N'{?; '
�
APPI.IC,ASTT:
�
ACTI4N
:..,,.�� .
.
' t i i 1 31' • i
1Va'tfRCt�R{!f tt
Ct7AiSULTlNG PLANt�IERS
LANDSCAPE ARCHITECTS
.iQ{i FtRST AVENUE t�ORTft
SUtTE 2!t)
MINNEAPOLTS, MN aid01
C,I2•339-3:i{}t}�
July 26, 1994
94-16 and 9417
A�'s�Eiam I�ntsch
I.O� 7 8titi OLi�IOt B,
�OI CBtItt
�%SIt�IIt',0 &II� W�.tIdS j
ciriveway (94-I6)
Itezoning for Outiot
Woods (94-I�}
C. Jahn Uban
ackground
�
� •
As you recalt, Mr. Lentsch submitted an applicatioa to the City wiihout proper plans
Planaing Comcnissioa meduig. Sts applicatioa was contwued subject to the submit�al of
informaxion for the wetlands pesmi� variance, and re,zoning. Complc�e plans and info�
not be�a submitted to the (�iy aad review is based oa the limited inform�ation that has b
to date. Because of this limited informatioq tb.e Planning Commission may wish to �
considera#ion ance again. Mr. Lentsch has said that he wishes to present his case aar
information at the Plantung Coaunission medxn,� but staffwill not be able to review this
prior to ihe July 26 meeting.
�
�
An abslrac� was submi.tted with the rezoning request and this was used to mail the pub.
for the public hearing for the wetlands permit, vaziance, and rezQning.
Rezoning � � �
4utiot B r�' a rezonin from �R P.U.D. to R 1 to allow consiructian af a s'm Ie i
�+�� g g
Without a rezani�ng it wauld be a conditional use pernut in the HR P.U.D. district for a
� :
�
f�
� �
forjoint
Mendo#a
Por the 7une
:he required
nation have
�n supplied
ontinue this
d additional
infotm�ttion
notice
hame.
family -.
� Case Number: 94-1,6 and 94-17 duty 26,1994 Page 2
home. Within the P.U.l7. dist�rrict that conditional. use penmit would have to be amended each time
a home addition, deck constxuction, or other site modification was reques'ted. Cfearly R 1 zoning
wouid be mare typic�l io a normal pracess of abtaining bu�di.ag penmits, etc., for a home builder.
Outiot B was rezoned to HR P.U.D. as part of the Kensington Manor Hame pmject. The fust
rezcaning was for the M�anar Some pmjec� aatl Centelc had a purchase agreement with Mr: Ircritig
Clark to include Outlat B in. that project. This purchase agreeanent was never euecuted and Cente�c
has no plans to bu�d M�tnor homes on this proper�y. �
Section 5.7 outlines the requirements for a rezoning application, much of this in€onnation has not
bcen s�ub� to the (�ty. The plan that has 6eea submitted sbows eaacisting contowrs of the site but
does not show ths aasting v�getation. It also daes not shaw proposed g��ding for the canstncc�ion
of the driveway and other impmvemea�ts, The accompanying requesi for a w�lands permit and
v�riaziae is on tt� saame drawin;g w�uch wauld also require a mapping oftha vegeiatian, grading Ptans,
erosion control plans,la�n.dscape-p�.ans, aad of cowrse� an acairate delineafron af the wel.land. The
proposed plau only shows a generalized. lowland area which is not the wetland delineatioa
Important to the xe�aning of the �arce�i for a sing�e fam�y home is appropriate access. The proposed
ease�nent adjar�t to Lot 6 and over I.ot 7 to get #o Outlat B is ove.r 40{) feet 2ong and only 10 feet
wide. Access to 4utlot B was not grantead to Mr. Lsntsch from the Ken;�ngion Home 4wners
Assaciation. The parcel will be land locked because no pablic access was platted for tbis parcel
because the deve2apers had prom�ised to pcuclkiase the properi3r and develop Outtot B as part of the
Rei�s'�ton devetopmeat. The oniy option 1� is access over Lat T. This a�ccess then must be found
to be s�uta6le priar to an ��ual rezonin,� wbich woutd allaw canst�uc�ian of the hause. The two
applicaiions are tied together because af a lack of access to Out%t B.
Weitaad Permit and Variance
The submitted plans do nat shaw the grading and delineated wettand in£ormation required for the
wettands pe�mit. The applicaat is pmposing a 10 foot wide, 400 foat long easement across Lot � to
gain access to Outtat B. 'T`his easement is directly adjacent ta Lot 6 which is owned by others,
althaagh there is no home buiit on the Iot� �Ithough it is not stated, we assume that the 10 foot
easement witl contaia a 10 foot wide U'ituminous driveway. This infarmation needs to be clarifiied.
In order to rnaintaia the drive�way in the winter when snow wauld naturally be stored on a portion of
Lot 6. This would be significantiy impaired if Lot 6 chose to ere�t a fence on its properiy liae,
Iimi�ing the abitity to maintain and effectively use a portion of the 10 foat easement. Some
encumbrance on Lot 6 must be understaad or the easement maved S feet off of the property line.
The variance request is for a zero foat setback ta Lot 6 far the driveway.
The proposed easeme�t also falls witlun IS feet of a proposed home site oa Lat fi. This is very close
for �. pass-through, a private drive and narmally one would e�ect at lea,stt a front yard setback to be
th.e distance between a propased home and a private drive passing through the property. Also, the
easemenX shows an au�;ular jog, which would not be navigable by nomzal vehicles if it is built strictly �+
in that fashion. The easement shauld reflect actuat construction conditions and iacation.
i
1
. �
Case Num6er: 94-16 and 9417 July 26, 1994
►
The proposed turn around in 45 feet wide, which is significantly smaller than a City
Page 3
:-sac. This
dunensioa and turn around arrangement should be reviewed by the Fire Marshall. The Fire Marshall
has indicated that the driveway is okay if the house is sprinkled and the bituminous is build to support
fire trucks in a fashion so they caa turn arouad. In the past, long private drives were required to also
have gravel shoulders for proper ac�cess for emergeacy equipmen� Also, the drivewa.y should be wide
enough for the passing of two cars because the�drive is long and serves two homes.
At this iim�, the distance from ihe we�land to the proposed drivewa and easement is not know
y
Erosion control and ac�ual grading is not iadicated aad the loss of vegeta.tion or replacecr
a landscape�plan has not b�en indicated.
The request� variance is for a zero setback for the driveway to Lot 6. This variance rec
be accompanied by some agreement by that la.nd owner that snow can be stored on th<
!
Action i
$ased on th � judgement of the Planning Commission, Case 9416 and 9417 can either be
based on the�submitted u�formation with conditions, or continue the public hearing with
the applicant for specific information and revised plans to be submitted in a timely fashio
conditions would include:
1 sno � stora e easement on Lot 6.
) , g
2) further review of detaited drivewa.y plans by Fire Marshall. � _.
3)
4)
5)
�
grading, landscaping, and erosion control plans for the proposed driveway.
delineation of wetland.
widen driveway for a section beiweea the proposed Lot 7 house and Arbor
35 foot setback between the proposed Lot 7 home and driveway easement.
through
;st should
properly.
teci upon
�tion to
Possible
�
'�i.. �. ,�L
1��ie�dota
,
�I�y' t3�
�eig,htis
ArrL�rcA�cxorr r�aR cortsm��.r�raN
UF
PLANNING ItEQUEST
..: ,
. . . � � ' .�"'��'� � �',!�`�-�
.. ��:,��!�li�'
Applic�ntNamc: � ��y..�r� �1��r.�� � � ,���-- ���c�
�.� �� �
Addtt�s.� G��'1�.� �.�ii' �'e�ifi � 4.�I�'!��'�_ �lll/� �.�.lo��,
(Numbrr & St�tJ (�Y) ' t�� CrP)
OwnuNam,�:
(Num�ber � Stx+e�t)
sm�t L�cation of Prop�ty in +l2aesdon: �` X,^, �''!�.�'/3l'//�-�.�,i'
I.�gal D�ription of P'ro'Pcrt3" f1U/y/if/ �� /�i�/l/%/�G/%r.�t% ��!/.!�
� o_���
c�a� u�P�t
Uaid'ilional UsePcanit �arP.U.D.
- Plaa Agpr�val
�._.. t�omPrehez�sivc Piaa Amcndmant
Applicablc CSiy Ordinaar�e Number
� "v� � i fll. 1 • 9 + •'1 " � .� MI
} •'t��+t i t )' t � ! i � i!i `�f
v��
s,�a�����v�
.�, Wt�ands Pc�mit
othcr(atia��cYh expianation)
Sectiau
I hes�eby dadazc that � stateme�ts madc ia this. requcst and aa the 'anat
materiaEE ar� i�. . •
tS'ig,anazureo�"�F���} -
��
' 1.i � �c',..� .'
_. .. .
I101 Victaria Curve • 1Vi.endota. H�ights,lVilY - 551I8 452• 185U
�
�
�
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Applicant�Name:
rt � �
o��
Addnss:
,���,'11t�C3t�►,
APPLICATxON �'OR CONSIDERATIONF
� OF
PLANNING 1�:EQU�S`T
C�sc I�Io. �
� DaLc of lic�tioa_
i�CxPai
Q�+stl,,;
v�3l•,�C�' �i�,�
tNcuuba�&S`trot�
,(�%�'
� �
�..��,�,�u��
tNum�a & Stra�
t of P�pertp ia Qucstioa:
I.�gat Dcsaiption af Prop«ty:
f.
�/��/./�'n� /�/ ,
� (MA
tt�►3 tsc�c} C�)
�
({�ity}
�
(State} (Z'ig}
�r.,"`lf�".�
Z`YIx of Rcqnes� s
' R;+ewning r,�._ Va�iaavc _ SC� �00
` Cond`idamal Use Permit . Subdivisi�t Aggroval
, C�d'ittanal Use Pumit far P.U.D. �_ Wetlaads Peanit � 3S
Plaat Ag�tovai Otl�r (attach c�cplan�ati�
t�ampnhc,asive Pian AmGndmcnt
�
�PPlicablc Csiy Qnii�an�x Numi�cr Saxion
i .
Pre.sent Zon�ingof P'mpezE� Pxtseat Use
� .
.! .
Pmposcd Zoning a£Propcny s P�osod Usc
�
i hea�bys d� that a2i st�a�emcats madc in this. raq�est and on tfie d'iu'onal
Fi1Q�\/i�.{ii M3V MMW• t + �f Il l/l/J%' (!I J/{/
� .
{S'�uatcn� of A�pglir,�at}
�.)`..�..��
by -Titte) ' -
11Q1 Victoria Curve -1t�'iendota. Heights, NiI�I • 55118 452-1850
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KENSINGTCIN MA.NOR HOMES CONDClMINIUM
ASSfJCIATI{)N
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, .
Roberta S. Cline, President
2520 Wilshire Court
Mendata Heights, MN 55120
Mr. Irving Clark
28Q0 Mn. World Trad� Center
30 E. 7th St.
St. Paul', MN 55141-4494 - �
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Dear Mr. Clark: �
(� I
I am writing to inform you that the Kensington Manor Homeowners met Manday r
September 2b, 1994. At that speciai meeting af the hameowners association, the
hameowners voted not to grant the easement anto Braokfield Lane for Outlot B.
t
I regret any inconvenience this decision causes you and appreciate your wiilingness
meet with us as we struggted with this issue.
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Sincerety, .
' �F ��''--�--�.,
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Roberta S. Ctine, President ,
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c: James Danielson, Public Works Director,City ofMendota Heights
Wiiliam Lentsch
Board; of Directars
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TO:
FROM:
CITY OF MENDOTA HEIGHTS
Mayor and City Council
.
Tom Lawell, City Administrato,
September 30, 1994
SIIBJECT: Part 150 Aircraft Noise Sound Insulation P
DISCIISSION
i
As Council is aware, the City has for the past two ;
participated in the Part 150 Aircraft Noise Sound Insula
Program as sponsored by the Metropolitan Airport Commiss
and the Federal Aviation Administration (FAA). As part
program, homes located in the Furlong Addition adjacent
Highway 55 are eligible to participate in the program an�
of 36 properties have either received, or are in the pro
receiving, the offered sound insulation treatment.
The Furlong area homes were chosen by the City Coun
eligible for the program based on their close proximity
airport and their inclusion within the FAA's 1992 Ldn 65
contour map. Since the Part 150 program started the FAA
adopted a new 1996 Ldn 65 noise contour map which includ�
greater" number of homes within Mendota Heights (see atta
As dictated by the FAA, only those properties which fall
the Ldri 65 contour are eligible for participation in the
sound insulation program. The MAC has asked the City to
authorize the extension of the sound insulation program
these areas of the City which are newly eligible.
�
Attached please find a listing of all Mendota Heigh
residential properties which are located within the 1996
noise contour. Under the mechanics of the program as es
by the`FAA and the MAC, individual properties within the
will be prioritized based on their relative exposure to ;
as measured by the MAC's ANOMS aystem. Property owners �
offered an opportunity to participate in the voluntary p!
based on their measured Ldn exposure (Ldn 75 through Ldn�
�
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ACTION:REQIIIRED
1
ion
on (MAC)
f this
0
a total
ess of
il to be
o the
noise
has
s a
._ „�,
within
Part 150
formally
nto
s
Ldn 65
ablished
contour
ir noise
�ill be
65) .
Council should consider a motion authorizing the
participation of those Mendota Heights residential properties
included within the FAA's 1996 Ldn 65 noise contour in the Part
150 aircraft noise sound insulation program. Staff shou�].d also
be directed to work with the MAC to notify property owners of the _
program and their eligibility to voluntarily participate'.
� � : .� :. :� - City o�
.�.....i � � 1Viendota Heights
March 14, 1994
VIA• FACSIMILE �
ORIGINAL �� TO� FOLLOW
Ms. Rathy Larson•�
Center for Energy and Environment
63�.4 Standish: Avenue
Richfie].d, �'1�Il�T'. .55423
Dear Kathy:
.. My;apologies,for not getting this information to you sooner.
Enclosed please a list of the Mendota Heights propertiea newly
contained within the recently approved FAA LDN 65 noise contour.
This list, when combined with the prior lists eubmitted.to the NiAC,
comprise all of the sound insulation eligible properties contained
within the new LDN 65 contour.
As you are aware, tlie Mendota Heights City Council has only
deemed those properties within the Furlong subdivision to be
eligible for sound insulation work at thie time. A lottery for
those homeowners was conducted in September 1993 and you are
currently�undertaking insulation work in this area. .
Any•future decision to expand the sound insulation program
will require specific City Council approval and perhaps another
lottery drawing. Should we be able to expand our sound insulation
program as a result of. the FAA adoption of the 1996 LDN contour,
please let.me know and I will schedule this item for further City
Council��consideration. .
Sincerely,
TY OF MEND TA HEIGHTS
Tom Lawell
City Administrator
MTL:kkb
Enclosure
1101 Victoria Curve • 1Viendota Heights, 1ViN � 55118 �452 • 1850
PARCEL �iT�lL�LR
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27-66500-010-00
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27-66500-040-00
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27-66500-063-00
27-44925-010-01
020-01
030-01
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27-16400-030-00
1
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27-16400-041-00
l
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27-16400-055-00
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27-1640U-054-00
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27-16400-053-00
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27-16400-052-00
27-16400-051-00
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CITY OF MENDOTA HEIGHTS
ADDITIONAL PROPERTIES INCLUDED IN
THE 1996 LDN 65 CONTOUR
; ��' �� ��� -
Arthur E. & Marian J.
1181 Rogers Road
Mendota Hts 55120-122
Kenneth J. & Mary S.
1189 Rogers Road
Mendota Ht�s 55120-12
Gerard & Doris Bohlig
2554 Hwy 55
Mendota Hts 55120
l:l
Lexington Hts Assoc. Ltd.
Partnership � �
2320 Lexington Avenue South
Mendota Hts 55120-1215�
Lucille M. Manthey �
2258 Lexington Avenue South
Mendota Hts 55120-1214)
Sugene J & Phyllis Stettner
2250 Lexington Avenue South
Mendota Hts 55120-1214�
Jerold & Lois Hobbs
1065 Wagon Wheel Trail
Mendota Hts 55120-1319
Paul Blias �
2242 Lexington Avenue South
Mendota Hts 55120-1212�
Timothy & Manske Wies �
2234 Lexington Avenue South
Mendota Hts 55120-1212�
Howard Fiak �
2226 Lexington Avenue South
Mendota Hts 55120-1212�
Thomas Wohlers �
2218 Lexington Avenue South
Mendota Hts 55120-1212�
�
27-16400-050-00
27-16400-060-00
27-16400-070-00
27-16400-200-00
27-16400-191-00
27-16400-181-00
27-64550-160-00
27-57000-010-16
(Rented House)
27-57600-060-03
27-04100-010-18
27-64550-170-00
27-64550-180-00
27-64550-190-00
(Under Construction - 2-2-94)
Olga S. Turner, 2210 Lexington
c/o Arthur M. Nelson
1830 52nd Street East #208
Inver Grove Hts 55077-1675
Patricia Grabowski
1057 Wagon Wheel Trail
and
Edward Bohrer
8325 Courthouse Blvd
South St Paul 55075
Shelia A. McDonough
1053 Wagon Wheel Trail
Mendota Hts 55120-1319
Donna Anderson
994 Wagon Wheel Trail
Mendota Hts 55120-1316
Vern & Catherine Lovegreen
990 Wagon Wheel Trail
Mendota Heights 55120-1316
Henry Pabst
980 Wagon Wheel Trail
Mendota Hts 55120-1316 .
Thomas M & Sally McNamara
2371 Swan Drive
Mendota Hts 55120-1424
Acacia Park Cem Assoc
2151 Pilot Rnob Road
Mendota Hts 55120-1115
Martin L Vallencour Jr
2085 Highwax 55
Mendota Hts 55120
James Tousignant, 2095 Hwy 55
13465 Pilot Rnob Road
Apple Valley 55124-8616
Ronald & Mary K Smith
2357 Swan Drive
Mendota Hts 55120-1424
Mary & Gilbert Schlagel
2351 Swan Drive
Mendota Hts 55120-1424
2343 Swan Drive
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27-03500-020-05
; 010-28
! 010-50
1 010-51
( 020-75
4 020-76
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27-03500-010-05
; 010-75
J ol0-76
� 010-77
�010-78
020-78
Jodell Terese Vidas
2335 Swan Drive
Mendota Hts 55120-142
Henry J & Ann Pabst
970 Wagon Wheel Trail
Mendota Hts 55120-131
St. Thomas Academy
949 Mendota Heights R<
Mendota Heights 55120
Visitation Monastery
2455 Visitation Drive
�� Mendota Heights 55120
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THURSDAY, MAY 19, 1494
SAINT PAUL PIONEER PRESS
r��' s
� ;��i�rt neighbors embrace
.� sound insulation ro a�rn
�,/� . �' �'
��1 free saund insulation program has been a hit with neigh-
6ors living wit.�in window rattling range o# Minneapalis-S�. Paa2
International Airport, �accortling to a xecent survep.
A total o# 383 homes in Sonth Minneapolis, Richfield, Bloom-
ington, Eagan and.Mendota Heights have been insutated since
the Metropalitaa Airports Cammission began the federal pro-
gram in 1992. �° ..
Anothez; 660 homes are scheduled far sound abatement mea-
r sures tius''year. Near2y 9,000 Itomes will be quieter before #he
t program ends in 24Q1.
� A total•of �l0.million was spent in the iu�st two pears. This
y year's program is eapected to cost more than #11 millipn More
� than �243 million is ezpected to be spent by the ead of the
,.�� prpgram, according ta coordinator Steve Vecchi.
� The average cost of insuIation per home declined frnm
�#22,000 in the fust year ia �i5,008 this year, the commission
� reported. Tppical impravements include acanstie windows, wall
and attic insulation, new sturm daors, baffling of vents and
chimneys and central air conditioning.
About 90 pereent af residents wha respanded to a survey said
their quieter homes made it easier to talk on the phoue, listen to
� the radio or TV, sleep and relaz. Abaut 90 percent also said
� Eheir quaiity of living had improved, and about 75 percent
x thought their home's market valae bad iacreased. �
�' I ..
f�i�lC` ".
CITY OE�' IKEI�TDOTI� IiEIGHTS
PART 150 SOUND INSUI,ATION PROGRAN!
OFFICIAL ORDER OF' FSLIGIBILITX
As determined at a public meeting held
September 2, 1993
----------- Name ----------- -------- Address --------
1. Jeff Hussman
2. Richard J. Doffing
3. Lois Furlong
4. Mitchell J. and Lisa Lallier
5. Timothy and Susan Petersen
6. Joseph �!. Perron
7. Lambert J. Derks
8. Roslyn Drew
9. Jean Franson and Don Perron
10. Alton T. and Agnes Berskow
11. Loring and Darlene J. Lysne
12. K. Hartz
13. Alton T. and Agnes Berskow
14. Lavern T. and M.A. Richgels
2370 �ighway 55
13�.4 �'urlong Avenue -
2230 �iighway 55
12 9 9 Lakevi ew .�ivenue
13 0 6 �tendon Lane
� •
1300 Lakev�.ew Avenue
�.295 Lakeva.ew Avenue
2170 Pilot Knob Road
1307 Furlong Avenue
1307 Lakeview Avenue
II ' • .. •._.
�.305 k'urlong Avenue
�310 Rendon Lane
15. Rex Crandall 1280 Lakeview Avenue ._Sr
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Part I50 Psligibil�.ty Lzst
September 2, 1993
Page 2 �
16. James and Mary Schwartz
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17. ,Richard and Sara Griep '
18. Gardie and Ju�y Dahlberq
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'19. ,�Ii�haeZ Wands�hneider
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20. Dav�d and Carmel �iiner__ _
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21. Douglas R. an�. Kathleen Geier
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22. Robert and Mary TcZusignant
23. Christo�her and Julie Woalsey
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, and Faye Ba.essener
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24. Bernar�i M.
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25. TkiQma.e R. and Margare� Swensan
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2 6. John L. x�rn
27. �2� �hard and H�rriet Sper3.e
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2 8. Je'rome A. Lane .,
29. Edward and Rita GoQdijohn
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30. �ielvin and Margaret Ro�pen
I
I
31. ,John and Rris�en Arehart
!
a
Part 150 Fligibility List
September 2, 1993
Page 3
32. Ellsworth and Janice Stein
33. Mervin and Ida Compton
34. Yih Hsiao
35. Miles and Eleanore Bredvold
36. Jane T. Furlong Lynch
.. 37.
38.
39.
40.
1296 Lal�eview Avenue
1288 Lakeview Avenue
�.320 Victory Avenue
1281 Lakeview Avenue
; CITY OF MENDOTA HEIGHTS
� 1�R0
September 30, 1994
TO: ; Ma.yor and City Council
FROM: ' Tom Lawell, City Administ at
' SIIBJECT: Proposed Workshop Topics and Dates
�
DISCUSSION
A number of issues are currently before the City Co
which, in order to allow sufficient time for discussion,
necessitate the scheduling of several City Council works
Most notably, these issues include the Highway 55 Land U
Planning Study and our preparation for the upcoming roun
police.and public works union labor negotiations.
Relative to the Highway 55 Land Use Planning Study,
contract for professional planning services with the Cit
consulting planning firm, Dahlgren, Shardlow and Uban wa
discussed at our last Council meeting. Included in that
were two proposed joint workshops with the Planning Comm
As part of tonight's Council meeting we should establish
for the first joint workshop. Dates which are workable
planning consultant, Mr. John Uban, include Thursday, Oc
Monday, October 24, or Thuraday, October 27. Once the w
date is chosen, staff will then contact the Planning
Commissionera to inform them of the selected date.
In terms of preparing for the upcoming round of lab
negotiations, Council is aware that labor contracts with
police and public works employees expire on December 31,
Prior to initiating labor negotiations, Council typicall
with staff to discuss contract demands and acceptable te
settlement. As permitted by State law, this meeting is
the public for obvious reasons. Depending upon the anti
length of this meeting, it could probably be held immedi
prior or after a regular City Council meeting. Potentia
include our regularly scheduled Council meetings of Octo
and November 1.
ACTION REQUIRED
ncil
will
ops.
e
of
a
's
contract
ssion.
a date
or our
ober 20,
rkshop
r
both our
1994.
meets
ms of
losed to
ipated
tely
dates
er 18
Council should bring to the meeting their calendars�and
should discuss dates which are workable for the two proposed
workshops. Once determined, a motion should be made formally
establishing these dates as official meetings of the City
Council.
i �'
0
i
�
# CxTY C3F MENDC►TA 8EIG8T5
E�I •
October 3, 1994
TO: ' Mayor and Ci�.� Council
i
FROM: , Tom Lawell, City Adminis�.
• SIIBJECT: Accep� Resignatian oi Planning Commissioner S
� Hunter,� D . I� . S .
,
DISGIISS20N
G.
� Recen.tly the City received the�attached letter fram�Planning
; Commissioner Stephen G. Hunter, D.D.S. indica�ing his des�re to
resign his appointment to �he Mendota Heights Planning Commission
effective September 30, 1994. Dr. Hunter intends to devote his
time to dentistry graduate school and unfortunately, his�schedule
no longer allows far hi.s involvement on the Planning Comma,ssion.
Dr. Hunter began his service on the Planning Commission in
February 1993 when he was appointed to fill an unexpired�term.
His appaintment was set to e�cpire January 3I, 1995. Council
should now decide how it wa.she� ta fill the available Planning
Commission seat. �
In JuZy of thi.s year the Council conducted a recruitment to
fill the Planning Gommission seat vacated by Ms. CarolynlDreelan.
At that time three residents submitted their names for consid-
era�ian: Joseph Betlej, Steven Kleinglass and Sally Lorberbaum.
As you will recall, Mr. Be�1ej was ulti.ma�ely cho�en �or��he
position. Backgraund infox.mation for Mr. Kleinglass and Ms.
Lorberbaum is aGtached tor your consideration should Council wish
Go �i13. Dr. Hunter'S seat immediately, In the alternative,
Council coul.d reopen the applicatian periad to solicit tie names
of additional residents.
ACT�ON RE4UTRED
Council shcauld make a motion �o formally accept �he
resignation of Dr. Stephen G. Hunter, D.D.S. �rom the PI�
Commission effective September 30, 1994, and to direc�. st
send him the appropriate letter ot thanks. Council shou7
discuss,the appointmen� of a new Commiasianer to replace
Hun�.er .
' . �.�
�
; � :r.. .
f f 'to
then
�
�� ��a���� � r
Stephen G. Hunter DDS
1171 Orchard Place
Mendota Heights, MN
Mayor, Council and Commission Members, City Staff
City of Mendota Heights
1101 Victoria Curve
It has been my pleasure and privilege to serve as a commissioner in
the city of Mendota Heights. My cunent schedule, however, does not
permit me to continue my volunteer service on the planning
commission. I will therefore be resigning my position at the end of
September, 1994. When- my graduate studies have been completed
and life has returned to a more normal state, I would consider
placing my name on the . volunteer list once again.
I have learned a great deal from the capable people who serve the
city, and have a new appreciation for the work that sunounds and,
for the most part, tactfully and effectively deals with many awkward
situations. Again I am grateful for the experience and the
opportunity to take part in the process.
�incerely,
S.j,�7ru'`�'L�, �'�
.L. •
Stephen G. Hunter, D.D.S.
�
;
;
�
Sally Lorberbaum
June 10, 1994
Mayor Charles E. Mertensotto
G�ty of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mayor Mertensotto:
I wish to be considered for appointment to the Mendota Heights
mission. ..
As a resident of Mendota Heights for almost 15 years, I have exte�
worl�ng as a volunteer on various community service committees,
committee chair, executive board member, treasurer, vice preside�
son. I have served on numerous search committees, and worked b<
on local election campaigns. People who have worked extensively �
terms such as "dedicated", `�ardworki.ng", "extremely organized", '
sense", "team playe�'', `�ntelligent", and "strong sense of public ser
me. I believe that reoommendations made by the Planning Commi
Council should be based on how each issue complies with the city':
Plan as well as public health and safety issues and citq ordi.nance.
_ �����q�
Com-
sive experience
3s a worker,
t, and chairper-
�ind the scenes
ith me use
lots of common
ice" to describe
sion to the City
Comprehensive
As my resume shows, I have a Bachelor s degree with a major in 1Vlathematics,
and minors in Physics and Chemistry. My Master s degree includes a major in
Math Education and a mi.nor in Physiological Foundations. Professionally, I am a
Supervisor of Computer �aining and Documentalaon for Dataserv Inc., a Bell
South Company located in Eden Prairie. �
I would like the opportunity to use my leadership and organizational sl�lls to
demonstrate my appreciation and commitment to the City of Mendota Heights for
the quality of life it provides my family. I believe that I would be a�strong asset to
, the Planning Commission and would like a chance to interview forpthe position.
The following people feel I would be a valuable addition to the Pla�
Commission and have agreed to be references on my behalf
Patrice Bataglia, Dakota County Commissioner, 452-5514
Vicl� Katz, Mendota Heights Parks Commission Chair, 459
Barb Tani, Independent School District 197 Board Member
Jim Stein, lawyer, friend, and Mendota Heights resident, 4�
I look forward to heari.ng from you in the very near future.
Sincerely,
� o�
Sall rberbaum
1715 Lansford Lane �
Mendota Heights, MN 55118
454-5564
1
552-1005
�2-4113
Saiiy Lorberbaum
1715 Lansford Lane
Mendota Heights, MN 5�1.18
(612) 4S4-SSG4
Volunteer Experience (partial list)
• Statewide chair af A Wortd of Difference, an educationat program promoting the vatue af diversity
• Steering committee member for Dataserv Inc.'s United Way Campaign .
� Cammittee member af Ready, Set, Grow, an edncational and setf-est�em program for children
• Campaign voluntser for numerous Iocal elecdons
• Sear�h Cammittee Member • Upper School Pri�cipal Search, room parent, and Lower School Execuiive Committee
Member, S�. Paut Academy & Summit Schaal
• Execudve Committ�ee member, Personnel Comrnittee Chair„ and Search Cornmittee Mernber -- DirecWr Search, JCRC!
Anti-Def�natian Lea�e of l��innesata and the Dakotas .
• MN State Platform Commission Member, State Convention T�legate, and 3$th Senate District L?elegation Ccrchair for a
political party '
• Vice-Pxesidettt, Treasurer, and committee member of various other cornmunity-based organizadons
Professional Experie.nce
Training and Dceumentation Stepervisar: Dataserv, Inc.,12525 Technology Drive, Eden Prairie, MN 55344-7399
• Caardinate customer training for software rollouts, including supervisian and evaluafion of trainers, writing and
producing curriculum� custarner Iraining schedules, and P& L respansibilities
• Respansib% for the development & prodaction af alI software tectuiica3 man�uats
Mathematics Teaeher: St� Pau1 Academy & Summit Schooi,1721 Randolgh, SL Paul, MN 55I16
• Part-time teacher and tutor
Marketing Manager – Product Support: Texas Ins�ruments, F'4 Box 10508, MS 5890, Lubbock TX 79408
(Based in Eriina, M� �
• Hired, t�rraine�i and superviseii 1(}0 suppart persannet in seven states.
• Established computer camps with P& L� staffing, and curriculum responsibilides.
• Created TT User's Groups and evolved them intc� self-gt�verning organizations.
• Developed and wrote marketing presentations, training materials, and �eld informatian updaces.
•' Dernonstrated camputer hardwaze and safiware at corpozate presentations and shows.
Technica! Writer: BTI Camputer Systems, 870 W. Maude, Sunnyvate, CA 94348
• Responsible for all documentation for the campany's major product line.
• Developed and wrote hardware and software reference manuals.
• Syst�m manager for marketing divisian's cc>mputer system.
• Sup�exvised documentadon nersonnel. •
• Designed and iaught emgloye� training programs on the BASIC language and use of camputers.
• Assisted the sales force with customer demanstradans.
Mathematics Teacher: Minneapolis Public SchooLs, 807 N.E. Broadway, Minneapolis, MN 55413
• Developed computer assisted irrstruction for algebra grograms,
• Designed and taaght junior and senior high math and science couGrses.
• Attended a yearlong Nadonal5cience Foundation Institute on camputers in the classrtwm.
Education
Master of Arts, Majc�r: Math Education. Minor. Psychological Foandations. University of Minnesota,
College of L"beral Arts,l4tinneapolis, MN 55455
• Thesis: Energy — A Mathematical Solution to a Powerless Problem.
• Pro�cient in BASIC, brained 'ut FQRTRAN, and APL languages.
• Human relations Iraining certi£'ication by the State o� Minnesota.
Bachetor of Science, witfi distutcrion. Majar. Mathematics, Minor. Chemistry &. l�hysi�s. Universxty of �vfinnesota,
College of Education, Mirtneapolis, MN 55455 ' " �-� '" " :' ��'" - ' �
� • r
. .
June 6,1994
Charles E. MerEensotto, Mayor
Cify of Mendota Heights ;
Mendota Heighfs, Minnesota 55118
Dear Mayor MertensotEo,
Please consider this letter as my formal request for consideration for appoin
to the City's Planning Conunission.
Since serving as a Parks and Recreafion Commissioner for several years I ha
grown very fond of serving the City. In this role I have the opportunity to
observe the workings of the City in somewhat of a unique position and I bel
this insight would make me an ideal member of the Planning Commission.
I would welcome the time to furfiher discuss my interest in becoming a
of the Planning Commission with you and the City Council.
Sincerely,
��
STE EN P. KLEINGLASS
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LEGEND
O FOUND IRON PIPE
GRADING AND DRAINAGE PLAN
LOT 6, BLOCK 1, MENDOTA WOODS
OWNER:
David and Karen Olson
1137 Allen Avenue
West St. Paul, MN 55118
PROPOSED GAR. FLOOR ELEVATION
PROPOSED FIRST FLOOR ELEVATION
PROPOSED BASEMENT FLOOR ELEV.
898.8
900.8
890.5
POZT (2. s 4' 0.C.)
SIJPAC SNP (0.1) OR
FlaCRTEx FIVER
FABAC 20C CAZE'
(0 rrtlai) OR ECLAL
<I4
FLOW
ON SITE I,.-1ATERIAL---
98 PROPOSED ELEVATIONS
• CABLE TV BOX
al TELEPHONE CLOSURE BOX
▪ FIRE HYDRANT
N GAT EVALVE
DECIDUOUS TREE (AS NO -11E)
EVERGREEN TREE (AS NOTE)
PROPOSED CONTOUR LINE
EXISTING CONTOUR LINE
CHAIN LINK FENCE
It
TOE OF
FABRIC
SILT FENCE DETAIL — (STANDARD)
'PAUL R. McLAGAN & SON
'.IINNESOTA REGIsTERED LAND :7ILTRVEY01;,-;
South Tiotwrt St re. \\--.1 St Paul linn 5 5118
SITE PLAN
6or
(612) 457-3645
Fax (612) 457-8642
ate
David and Karen
August 8, 1994
I Hereby Certify that this survey, plan or report was
prepared by me under my direct supervision and
that I am a duly Registered Land Surveyor under the
laws of the State of Minnesota.
oye.-0-P
%,.........
PAIJI..1. Mc( il NIL Y, R.L.S. MINN. REGISTRATION NO. 16099
Olson
Sheet of
Job No.
11694
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LAND PLANNING
LAND SURVEYING
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BRUCE A. FOLZ & ASSOCIATES
LAND SURVEYING • LAND PLANNING
1815 NORTHWESTERN AVENUE • STILLWATER, MINNESOTA 55082 • (612) 439-3388
July 27, 1994
Revision September 26, 1994
LAND DESCRIPTIONS FOR BRIAN CROMBIE
PARCEL A
The East 180.00 feet of the North 125.00 feet of the South 323.00 feet of Government Lot 8 of
Section 23, Township 28 North, Range 23 West, Dakota County, Minnesota, containing 22,503
square feet, more or less.
Subject to a highway easement for County Road 8 over the East 50.00 feet thereof.
Also, subject to drainage and utility easements over the West 10.00 feet of the East 60.00 feet
thereof; over the West 5.00 feet thereof over the North 10.00 feet thereof and over the South
5.00 feet thereof
PARCEL B
The West 150.00 feet of the East 330.00 feet (20 rods) of the North 125.00 feet of the South
323.00 feet of Government Lot 8 of Section 23, Township 28 North, Range 23 West, Dakota
County, Minnesota, containing 18,753 square feet, more or less.
Subject to drainage and utility easements over the East 5.00 feet thereof; over the West 5.00 feet
thereof, over the North 10.00 feet thereof and over the South 5.00 feet thereof
:hereby oerttfly 'Met this survey, plan, or mow
was prepared by me or andew my direct
Wpervision end that 1 am a duly Rey;stared
Lend Surveyor under the laws of tht Stag of
Minnesota.
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MUCEA F012
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BRUCE A. FOLZ & ASSOCIATES
LAND SURVEYING • LAND PLANNING
1815 NORTHWESTERN AVENUE • STILLWATER, MINNESOTA 55082 • (612) 439-3388
HIGHWAY EASEMENT FROM BRIAN CROMBIE
TO DAKOTA COUNTY
September 26, 1994
A highway easement over, under and across the East 50,00 feet of the North 125.00 feet of the
South 323.00 feet of Government Lot 8 of Section 23, Township 28 North, Range 23 West,
Dakota County, Minnesota.
DRAINAGE AND UTILITY EASEMENTS FROM BRIAN CROMBIE
TO THE CITY OF MENDOTA HEIGHTS
A drainage and utility easement over, under and across the West 10.00 feet of the East 60,00 feet
of the North 125.00 feet of the South 323.00 feet of Government Lot 8 of Section 23, Township
28 North, Range 23 West, Dakota County, Minnesota.
Also, a drainage and utility easement over, under and across the West 5.00 feet of the East 330.00
feet of the North 125.00 feet of the South 323.00 feet of said Government Lot 8.
Also, a drainage and utility easement over, under and across the West 265.00 feet of the East
325.00 feet of the North 10.00 feet of the South 323.00 feet of said Government Lot 8.
Also, a drainage and utility easement over, under and across the West 265.00 feet of the East
325.00 feet of the North 5.00' feet of the South 203.00 feet of said Government Lot 8.
Also, a drainage and utility easement over, under and across the West 10.00 feet of the East
185.00 feet of the North 110.00 feet of the South 313.00 feet of said Government Lot 8.
I hereby cerdTy that this survey, pier', or ruLxu;
1/125 prepared by ma or under my dire3t
supervision and that t nm a duly
Land Surveyor under the laws or
istiir,rlesota.
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Engineers •
1
DESCRIPT
Lot 3, B1
B ENCHMAF
Top of
Elevation
GENERAL
1) O -
2) • -
3) O - D,
4)
5) Propo:
I h
my
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