1995-09-19»... �
. -; �,�..
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
���� � CITY COUNCIL
AGENDA
September 19, 1995 - 7:30 P.M.
�
�
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approval of September 5th Minutes.
5. Consent Calendar
a. Acknowledgment of the September 12th Park and
Commission Minutes.
b. Acknowledgment of the Parks Activity Report for August.
c. Acknowledge Receipt of the Unapproved Minutes from the �
NDC4 Commission Meeting.
d. Acknowledgment of the Treasurer's Report for August.
e. Approval RESOLUTION NO. 95-50, - A RESOLUTION SEEKIN(
FROM DAKOTA COUNTY FOR CONTINUATION OF CC
- LANDFILL ABATEMENT PROGRAM.
f. Approval of Modified Critical Area Request (CAO No. 95-04
Addition).
g. Approval of the List of Contractors.
h. Approval of the List of Claims.
End of Consent Calendar
6. Public Comments
7. Bid Award
�a. Ivy Falls South Addition Bid Award - Sewers, Water and Str
RESOLUT/ON NO. 95-5�. (Available Tuesday Night)
8. Hearin4
a. Heritage Inn Liquor License
ation
ust 2nd
r
FUNDING
/IMUNITY
3tovern -
�
9. Unfinished and New Business
a. Case No. 95-23: Simmonds - CUP - RESOLUT/ON NO. 95-52
1
b. Case No. 95-14: Cruz - Variance - Resolution of Denial - RESOLUT/ON
NO. 95-53
c. Discuss AT&T Antenna/�'ower CUP Agreement -
RESOLUT/ON NO. 95-54
',
*d. Discuss Youth Ballfields at�,Mendota Plaza.
e. Review Request for podd Road Trail Improvements.
f. Consider Payment Request Related to Itllendota Plaza Improvements.
g. Discuss Deer Over Population Concerns - RESOLUT/ON NO. 95-55
. .
h. Discuss the Adoption of an Ordinance Amendment to Establish a Four
Way Stop Intersection at Keokuk Lane and Pagel Road - ORD/NANCE
NO. 305 ,
i. Review Friendly Hills Improvement Project Pavement Construction
Update.
j. Consider Setting Council Workshop_ Date to Discuss Livable Communities
Act and Major Capital Equipment Purchases. ,
**k. Consider Rescheduling Truth in Taxation Subsequent Hearing Date.
9. Council Comments
10. Adjourn to Closed Session to Discuss Litigation Issues. ��`3 ��
Auxi/iary aids for disab/ed persons are avai/ab/e upon request at /east �20 hours in
advance. /f a notice of /ess than 120 hours is received, the City of Mendota Heights
wi// make every attempt to provide the aids, however, this may not be possib/e on
short notice. P/ease contact City Administration at 452-1850 with requests.
CITY OF MENDOTA HEIGHTS
�i►ii �►►i [��
September 19, 1995 �
TO: Mayor and City Council
FROM: Tom Lawell, City Adminis
SUBJECT: Add On Agenda for September 19th Council Meeting
�
Additional information is submitted for Items 7a and 9d (*) . Onel additional
item has been added to the agenda as 9k (**). •
3. Agenda Adoption.
It is recommended that Council adopt the revised agenda printedl
paper. ,
7a. Bid Award.
Please see attached memo from Public Works Director Jim Daniels;
9d. Discuss Youth Ballfields at Mendota Plaza.
9k.
� ,�
Please see attached letter from Mr. Edward Paster.
Please see attached memo from City Treasurer Larry Sha
on yellow
on.
�
�
CITY Or MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA �
. � . �� � . . . . �lali►��
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approval of September 5th Minutes. -
�� •� . •��FT7
a.
b.
c.
d.
e.
f.
9•
h.
Acknowledgment of the September 12th Park and ecreation
Commission Minutes.
Acknowledgment of the Parks Activity Report for August.
Acknowledge Receipt of the Unapproved Minutes from the A gust 2nd
NDC4 Commission Meeting.
Acknowledgment of the Treasurer's Report for August.
Approval RESOLUTION NO. 95-50, - A RESOLUTION SEEKING FUNDING
FROM DAKOTA COUNTY FOR_. CONTINUATION OF CO MUNITY
LANDFILL ABATEMENT PROGRAM.
Approval of Modified Critical Area Request (CAO No. 95-04: Stovern -
Addition).
Approval of the List of Contractors.
Approval of the List of Claims.
� • • • � - � �F1C�'iT .
• � �ul�•�
7. Bid Award
a.
Ivy Falls South Addition Bid Award - Sewers, Water and
RESOLUT/ON NO. 95-57. (Available Tuesday Night)
a. Heritage Inn Liquor License
' l � i•! _i� l 1 i-
a. Case No. 95-23: Simmonds - CUP - RESOL(�T/ON NO.
lets -
�
b. Case No. 95-14: Cruz - Variance - Resolution of Denial - RESOLUT/ON
NO. 95-53
c. Discuss AT&T Antenna/Tower CUP Agreement -
RESOLUT/ON NO. 95 54
c. Discuss Youth Ballfields at Mendota Plaza.
d. Review Request for podd Road Trail Improvements.
e. Consider Payment Request Related to Mendota Plaza Improvements.
f. Discuss Deer Over Population Concerns - RESOLUT/ON NO. 95-55
g. Discuss the Adoption of an Ordinance Amendment to Establish a Four
Way Stop Intersection at Keokuk Lane and Pagel Road - ORD/NANCE
NO. 305 -
h. Review Friendly Hills Improvement Project Pavement Construction
Update.
I. Consider Setting Council Workshop Date to Discuss Livable Communities
Act and Major Capital Equipment Purchases.
' � � •it��•i
10. Adjourn to Closed Session to Discuss Litigation Issues.
Auxi/iary aids for disab/ed persons are avai/ab/e upon request at /east 120 hours in
advance. /f a notice of /ess than �20 hours is received, the City of Mendota Heights
wi// make every attempt to provide the aids, however, this may not be possib/e on
short notice. P/ease contact City Administration at 452-7850 with iequests.
Page No. 4530
September 5, 1!
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, September 5, 1995
Pursuant to due call and notice thereof, the regulaz meeting of the City Council, City
Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota �
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following
present: Mayor Mertensotto, Councilmembers Huber, Krebsbach and Smith. Counc
notified the Council that she would be absent. ,
AGENDA ADOPTION
Ayes: 4
Nays: 0
APPROVAL OF MINU'TES
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
�K�]�����M�[�1=����1_�;7
Councilmember Huber moved adoption of the agenda.
meeting.
Councilmember Smith seconded the motion.
Councilmember Smith moved approval of the �
August 1, 995 regulaz meeting with correction.
Councilmember Huber seconded the motion.
Councilmember Smith moved approval of the m
August 15, 995 regulaz meeting with correction.
Councilmember Huber seconded the motion.
Councilmember Smith moved approval of the con
the meeting, revised to move item Sk, Kensington
landscape improvements, and 51, replacement of v�
to the regular agenda along with authorization for
necessary documents contained therein.
a. Acknowledgment of the Code Enforcement
August. .
b. Acknowledgment of the Treasurer's monthly
c. Acknowledgment of the minutes of the August 9
Relations Commission meeting.
d. Acknowledgment of the minutes of the August 22
Commission meeting.
Minnesota.
were
Koch had
the
of the
of the '
calendar for
er field
foot bridges,
ution of any
report for
for July.
Page No. 4531
September 5, 1995
e. Acknowledgment of a billing from Independent School
District 197 for $15,450 for Sibley Park maintenance.
f. Acknowledgment of receipt of the 1994-1995 I.S.D. 197
Community Education annual report.
g. Adoption of Resolution No. 95-44, "RESOLUTION
PROVIDING FOR PUBLIC SALE OF $2,170,000
GENERAL OBLIGATION REFUNDING AND
IMPROVEMENT BONDS OF 1995."
h. Approval of a request from St. Thomas Academy for a
variance to operate a motorized pontoon on Roger's Lake for
lake sampling and testing in accordance with a letter from St.
Thomas da.ted August 20, 1995.
i. Acknowledgment of a letter of resignation from John Neska
from the Public Works Department and authorization for staff
to advertise to fill the two Public Works Deparhnent
vacancies.
j. Approval to schedule a hearing on applications for Limited
Service Hotel On-Sale and On-Sale Sunday Liquor Licenses
for September 19. - '
k. Approval of the list of contractor licenses dated September 5,
1995 and attached hereto.
1. Approval of the list of claims dated and totaling $317,872.63.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
KENSINGTON PARK Council acknowledged a memo from Pazks Project Manager Guy
Kullander regarding landscape improvements to the South
Kensington Pazk soccer complex and a request to increase the tree
budget for the project.
Mr. Kullander explained that the budget for South Kensington Park
landscaping includes $1,000 to plant pine trees, but that only four 12
to 15 foot pines or 50 to 60 two to three foot pines could be
purchased for that amount. He informed Council that the Mendota
Heights Athletic Association has volunteered to plant the trees. He
also informed Council that the youth soccer goals purchased and
�
Ayes: 4
Nays: 0
Page No. 4532
September 5, 1!
installed in the park cost $2,300, rather than the $4,00(
been budgeted and recommended that the landscaping
modified to authorize the remaining $1,700 to be used
lazger trees. He explained that he has received a bid o�
thirty 6 foot spruce trees and a contractor's fee to auge
should cost between $600 and $800.
Councilmember Krebsbach felt that the 2 to 3 foot ta11
be fine.
Responding to a question from Councilmember Smith
Kullander stated that spruce trees generally grow abou
yeaz and aze 25 to 30 feet tall at maturity. He stated tb
trees would provide a noise,�wind and visual barrier e�
smaller trees would. Also responding to a question frc
Councilmember Smith, he stated that the smaller trees
directly from the nursery and will not have a guaranteE
Mayor Mertensotto stated that regardless of whether t
foot trees aze planted there will still be noise from the
Councilmember Huber moved to authorize the origi
program, with two to three foot trees, and to direct s
coordinate the installation of the trees with the volw
ofFered by the M.H.A.A.
Councilmember Smith seconded the motion.
PARK BRIDGES Council acknowledged a memo from Parks Project
Kullander regazding bridge replacements in Wentw
Rogers Lake Pazks.
Mr. Kullander gave Council a history of the bridges a
Council that five wood bridges have deteriorated to tY
they need replacement, three in Wentworth Pazk, one
and one in Rogers Lake Park. He stated that the Pazk
had originally looked at replacing the Valley Pazk bri�
but the bids for replacement with a steel bridge was $:
$35,000 and the Commission decided to re-bid the pr�
In the meantime, the Commission recommended repl<
bridges in Wentworth Park, and the bridge in Rogers
explained that $35,000 of Special Park Fund money v
the 1995 budget to replace four bridges - the intent be
three with prefab steel bridges and one with a culvert
bridges axe too expensive. He explained that it is nov�
which had
�lan be
o purchase
$2,438 for
the holes
xees would
1VIr.
one foot a
�t six foot
�lier than the
n
�vill come
o foot or six
planting
'to
.r help
Valley and
l informed
extent that
Valley Park
ge in 1994,
5,000 to
ject this year.
�ing the
,ake Park. He
as budgeted in
ng to replace
but the steel
proposed to
Page No. 4533
September 5, 1995
replace two of the bridges with steel bridges and install three
culverts to replace the other bridges. He described the pre-fab steel
bridges for Council.
. s Councilmember Huber felt that the bridge replacement is a
maintenance item since there aze facilities in place, and that they
should be therefore funded by the General Fund rather than the
Special Pazk Fund.
Treasurer Shaughnessy responded that there are about 15 items of
major replacement in the operating budget, and the bridge
replacement is over and above those items.
Assistant Batchelder stated that the Park Commission originally
recommended that the bridge replacement be funded by the General
Fund but at the time the budget was adopted Special Pazk funding
was earmarked for the replacement in the discussions between the
Council and the commission.
Councilmember Krebsbach recommended holding a budget
workshop and discuss bridge replacement funding at that time.
Mayor Mertensotto suggested that Council authorize the work and
defer a decisian on where financing will come from.
Councilmember Huber moved to direct staff to proceed with the
bridge replacement plan as described in Park Project Manager
Kullander's memo dated September 1, 1995, directing staff to issue
a purchase order in the amount of $14,202.84 to Continental Bridge
for the fabrication and delivery of two steel pedestrian and light
vehicle bridges and further directing staff to seek bids for the
remaining portions of the work, and to reserve a decision on
funding.
Councilmember Smith seconded the motion. '
Ayes: 4
Nays: 0
NDC-4 BUDGET Council aclaiowledged a memo from Administrator Lawell
regarding the 1996 NDC-4 budget and cable television franchise
renewal request. 1VDC-4 Executive Director Jodie Miller and
community representative Mike Sokol were present for the
discussion.
Ms. Miller gave Council a presentation on the proposed budget and
an update on NDC-4 activities and legislative issues. She also
Page No. 45:
September 5,
informed Council that Continental Cable has
the length of its cable television franchise.
Mayor Mertensotto stated that he feels that when ND
budget discussions, it should conduct a public hearin
franchise agreement and on the issue of getting invol
programming. He asked what guarantee there is on �
Continental will complete system upgrading, and als�
the major sources of funding for NDC-4 are and wha
increase is proposed in the 1996 budget.
Ms. Miller responded that the prunary source of fun�
fees from Continental and a direct grant from Contin
TV. She explained that the operating budget is prop�
about 3% on most items. She informed Council that
fees for the first two quarters of 1995 exceed budget
proposed 1996 budget includes a list of contingency
$13,000, which were deleted from the first budget d�
NDC-4 would like to do if the franchise fees increase
the first half of 1995. She also informed Council tha
reduced the grant to the non profit corporation.
Councilmember Krebsbach stated that she served on
Minnesota Cities telecommunications task force last
supports the League in its efforts to maintain city coi
rights-of-way.
Mayor Mertensotto informed the audience that NDC-
budget to the seven member cities and if the cities do
deny the budget, it is automatically assumed after 45
approved. He stated that Council will allow the 45 d�
Councilmember Huber stated that NDC-4 does a
already meeting its budget on revenue producing
Ms. Miller thanked Councilmember Huber and Mr.
active representation of the city's interests.
an extension
:-4 holds its
on the
;d in
asked what
ng is franchise
ntal to NDC-
sed to increase
he franchise
nd the
:ems, for about
ift but which
as they have in
NDC-4 has
League of
r and she
over �
submits its
t approve or
�s that it is
to run.
job and is
for their
FRIENDLY HILLS Mayor Mertensotto opened the meeting for the purpo e of a public
ASSESSMENT HEARING hearing on proposed assessments for the Friendly Hil s street
reconstruction project. Council acknowledged a me � o from
Engineer Marc Mogan along with the proposed asses ment roll.
Councilmember Smith stated that Engineer Mogan's
indicated that sta.ff recommends adoption of the asse;
year, even though the project is not fully completed,
roll this
Page No. 4535
September 5, 1995
considerable interest expense would accrue if certification of the
assessment roll is delayed until 1996. She asked whether adoption
and certification this year will represent an ultimate savings to
everyone. She also asked about the anticipated interest rate on the
bonds which will be sold to finance the project.
Public Works Director Danielson responded that the residents will
realize a savings, and if the roll were not certified until 1996,
another year's worth of construction interest would accumulate.
With respect to interest rates, Treasurer Shaughnessy stated that he
anticipates a bond rate of 5.5 to 5.75%. He explained that rates
applied to assessment rolls are generally one percent higher than the
bond rate, and that the rate proposed for the Friendly Hills
assessment roll is 7%.
Mayor Mertensotto asked for questions and comments from the
audience.
Ms. Renee Schmid, 729 Mohican Court, stated that she was present
to formally object to her proposed assessment. She stated that her
property did not receive street or curb and gutter improvements and
that the developer paid for the street and curb and gutter that was
constructed in her azea. when the property was developed four yeazs
ago. She submitted a vvritten objection to the assessment. �
Mayor Mertensotto stated that the total assessment is not for curb
and gutter and that Ms. Schmid's property is now part of the overall
storm sewer system. He informed Ms. Schmid that the Friendly
Hills property owners aze not paying the full cost of the project and
that the improvements aze being assessed on an equalized per lot
assessment rather than on a front foot basis.
Ms. Schmid stated that when work was being done three or four
yeazs ago she asked if she would have to pay for it and was told the
developer would be paying for the improvements. She further stated
that no work was done on her property in the Friendly Hills project
and she does not see that her property has been improved.
Mr. James Losleben, 815 Hazel Court, stated that there aze a
considerable number of soft spots in the first layer of asphalt, and he
expressed concern that if the final layer of blacktop is laid this fall it
will need repair in the spring.
Public Works Director Danielson responded that he is awaze of the
soft spots, the worst area being on Decorah where the water line was
Ayes: 4
Nays: 0
Page No. 453E
September 5, 1
installed. He explained that there was very poor
contractor is awaze of the problem and has been
dig and re-compact the soft spots.
Mayor Mertensotto stated that he is concerned about
the top of the first lift and that it will wash into the st
system. He also stated that the contractor should be �
the final asphalt lift to next spring so that the one yea
not start until spring. He directed staff to get a defini
from the contractor on wha.t is going to be done and 1
re-compact the soft spots.
Councilmember Huber agreed that given the expei
spots the contractor should be ordered to delay the
tion and the
that he must
�e debris on
rn sewer
�ected to defer
warranty does
ve statement
direct them to
with the soft
id lift.
Mayor Mertensotto asked why there is only a three-w�y stop at
Keokuk and Pagel and expressed concern over safety.
Mr. Danielson agreed that there is a potential problem
that staff will prepare a proposed ordinance to change
intersection to a four-way stop. Responding to a ques
Councilmember Smith, he stated that the contractor w
debris from the streets.
Ms. Rosemary Rued expressed concem about the c
sod. She stated that the sod that was laid on her pr�
weeks ago has died and also that the contractor did
enough behind the curb and along the driveway api
what guarantee the contractor has given.
Public Works Director Danielson responded that
guarantee.
Mayor Mertensotto directed Engineer Mogan to
situation and the curb compaction.
There being no further questions or comments,
Krebsbach moved to close the hearing.
Councilmember Huber seconded the motion.
Councilmember Krebsbach moved adoption of Resol�
45, "RESOLUTTON ADOPTING AND CONFIRMn
ASSESSMENTS FOR THE RECONSTRUCTION/P
TATION IMPROVEMENTS TO SERVE FRIENDL
REARR.ANGEMENT, HASELBURGER ADDITIO]
and stated
nfrom
clean up the
actor laying
ty three
back-fill
She asked
is a one-year
the sod
No. 95-
' HILLS
, SIMEK
Page No. 4537
September 5, 1995
REARR.ANGEMENT AND SURROUNDING AREAS
(IMPROVEMENT NO. 92, PROJECT NO. �"
Ayes: 4 Councilmember Smith seconded the motion.
Nays: 0
ST. PAUL WATER Council acknowledged a memo &om Public Works Director
AGREEMENT Danielson regarding the proposed St. Paul Water Utility Agreement.
Mr. Bernie Bullert, from St. Paul Water, was present for the
discussion.
Mayor Mertensotto stated that he is not comfortable with the current
dra.ft of the agreement and has some questions regarding the service
charge that has been added.
After brief discussion, the matter was tabled for further review and
negotiation.
BALL FIELDS Council acknowledged a memo from Assistant Batchelder regarding
potential development of ball fields at the Mendota Plaza. Council
also acknowledged a cost estimate and layout prepared by Park
Project Manager Kullander.
Assistant Batchelder stated that last spring the city started looking at
altemative sites in the city for youth baseball, including contacting
the owners of the Mendota Plaza to determine if temporary ball
fields could be constructed on Plaza property. He stated that
Mendota. Plaza Associates gave the city a positive response; �and
sta.ff inet with the M.H.A.A. to determine which fields would best
benefit its organization's activities. The athletic association
responded that two smaller fields, to accommodate 8 to 11 yeaz old
play are needed. He informed the audience that the Mendota
Heights Athletic Association has submitted a letter of support for
development of fields at Mendota Plaza. Assistant Batchelder stated
that if the city is to move forwazd on the issue, Pazk Project Manager
Kullander must adopt a time schedule so that the fields are ready for
play in the spring. He informed Council that he would hope to get
an agreement for at least five to ten years for use of the property.
Responding to a question from Mayor Mertensotto, Mr. Kullander
stated that he envisions ten foot high back stops, and the fields
would be for baseball and softball use.
Responding to a question on why the estimated cost, $60,000 is so
great, Mr. Kullander stated that there is no topsoil and the grading of
the dirt that is on site and filling in the low spots will be costly.
Page No. 453F
September 5, 1
Councilmember Krebsbach asked if both baseball
be played on the fields at Mendota Plaza without l
She stated that when she suggested the site, she sL
tee ball.
Assistant Batchelder responded that the site is not i
will be cars parked nearby, so foul balls could be a
�itball can
cars, etc.
d it be for
and there
Responding to a question from Councilmember Hube , Mr.
Kullander stated that it is forty feet form the foul line o the curb and
gutter.
Councilmember Krebsbach asked what happened to
needs. She stated that she thought that the need was
Assistant Batchelder responded that when the issue w
discussed, fields were needed for tee ba11- last year tv
fields were proposed at the Public Works Garage site.
MHAA had indicated that it was running out of space
but tee ba11 can be played on grassy azeas. He stated t
has established a transitional league that begins at age
they want a skinned infield for that. He explained tha
fields would accommodate the transitionalleague, anc
indicated they are n�nning out of fields for 7 to 14 yea
Plaza fields would provide for youth play in the age g
has the greatest need for fields. �
Councilmember Krebsbach stated that there aze two
issue is what happened to the tee ball needs, and wh
suggestion was made to Mr. Paster, owner of the Pl�
ball. She felt that the issue has changed.
Assistant Batchelder stated that Mr. Paster has been
the proposed use.
tee ball
tee ball.
�s first
o tee ba11
At that time,
for tee ball,
iat MHAA
seven, and
the proposed
MHAA has
� olds. The
oups which
�ues. One
the
, it was tee
about
Councilmember Huber stated that originally Council as talking
about tee ball but when the cemetery site was discuss d, the
discussion was about the transitional league. He stated that the city
has been trying to find a place for the transitional lea e to play
because they need a skinned infield, whereas there ar more options
for tee ball which can utilize a smaller space.
Assistant Batchelder stated that throughout the discus
MHAA, both on this issue and Mendakota Pazk, they
clear that they can always find a place for tee ball but
the age group that graduates from tee ball.
with
made it
space for
Page No. 4539
September 5, 1995
Mr. Charlie Godbout, representing the MHAA, stated that when the
cemetery site was discussed, the discussion was about fields for
seven year olds, and it was determined that if a field is built strictly
for seven year olds it gets used two days a.week and is vacant the
rest of the week. If a larger field is built, play will occur on Monday
and Wednesda.y for seven year olds and Tuesday and Thursday for 8
and 9 year olds.
Councilmember Smith stated that she is concerned that this is a
temporary situation and she does not believe any of the Council
members thought it would not be suitable for play without such a
high cost.
Councilmember Krebsbach questioned whether the Plaza is the best
place for the city to make such an investment since it is a temporary
use.
Mayor Mertensotto stated that if Council wants to have fields
available for next spring it must do something now. He further
stated that if Council wants to build permanent fields the Plaza
would not be the place to build them as the location for the fields is
the only place where the shopping center could expand.
Councilmember Krebsbach stated that she has not seen any �
documentation that Mr. Paster understands that the fields would be
used for more than tee ball. �
Councilmember Huber stated that Mr. Kullander is just asking for
direction to proceed and there would be further discussion with Mr.
Paster.
Mr. Kullander stated that staff needs to do topographic work on the
fields, etc., to see how much grading is necessary.
Councilmember Krebsbach stated that the city needs to discuss the
issue with Mr. Paster to let him know about what is proposed. She
also wanted to be sure that the fields will not interfere with parking.
Councilmember Smith stetted that she would also want to know
what total time commitment Mr. Paster will give.
Mayor Mertensotto pointed out that the city spent $65,000 on
temporary fields at the Civic Center site and the Park Commission
has indicate that it would spend $25,000 of Special Park Fund
Page No. 4540
September 5, 1!
money on the fields. He suggested that perhaps the
TIF funds for soil correction.
Assistant Batchelder stated that staff informed the P
Recreation Commission that discussion on fields at :
to the Council before the Park Commission and the �
indicated that they were awaze of the MHAA needs.
aware of the money involved, however, and they au1
$25,000 but did not say they would commit to more
could use
and
Plaza may go
aze not
3 up to
Mayor Mertensotto suggested approving the concept ithout
ordering the project. He stated that discussions with . Paster must
occur before a decision is made and if the fields aze to e safe, they
must be graded and seeded. �
It was the consensus to approve the concept to the ext nt of
obtaining additional information, and to direct staff to ork out the
details and get approvals from Ivir. Paster.
HEARING - CAO 95-03, Mayor Mertensotto opened the meeting for the purpos
SCHAEFER public hearing on an application from Mr. Joe Schaeff
of a modified critical area site plan to a11ow constructi
addition, walkway, garage expansion, pool and retaini
home at 1889 Hunter Lane. Council acknowledged re
Administrative Assistant Batchelder and City Planner
unsigned letter of objection from an unidentified neig]
Councilmember Krebsbach stated that apparently ther
letter objecting to the proposed improvements. Mr. S�
responded that there was just one anonymous letter w]
Planning Commission did not consider because it was
Assistant Batchelder informed Council that hearing
mailed and published for both the Planning Commi�
this evening's hearing on the application.
Mayor Mertensotto asked for questions and
audience.
Mr. Michael Ciresi, 1247 Culligan Lane, stated that t
town and could not attend the Planning Commission
informed Council that he lives immediately northwe�
Schaefer property and has concems about the height �
to the garage and the type of landscaping that will be
northwest side. He stated that it appears that the shn
on the north edge of the pool. He was also concernec
of a
for approval
i of a porch
; wa11 at his
�rts from
�ban and an
was only one
haefer
ich the
not signed.
tices were
�n hearing and
from the
� was out of
ieeting. He
of the
F the addition
�lanted on the
�bery will end
about the
Page No. 4541
September 5, 1995
location of the pool facility, because the pump, filter, etc., can be
noisy, and had concern about the fence, which will abut his property.
He stated that he is concerned about the fence because he has
evergreens near where the fence will go and that the fence will be
very close to his house.
With respect to the garage height, Mr. Schaefer stated that the
addition will be the same height as the existing garage.
Councilmember Krebsbach stated that her concern is that often
people make significant changes to their property in the bluff area
and then move on.
Mr. Schaefer stated that he had lived in the area for 16 years and that
he intends to reside in the home for a long time.
Mr. Schaefer and Mr. Ciresi reviewed the plans outside of the
Council chambers and discussed Mr. Ciresi's concerns.
Mr. Ciresi informed Council that Mr. Schaefer has agreed to plant
pine trees between his house and the fence to buffer the view
between his home and the pool, he will also put some vines on the
fence, and the utility location will be buffered.
Mr. Schaefer stated that he will plant 20 foot tall pine trees.
Mr. Ciresi asked if city staff has checked the drainage. Puliiic
Works Director Danielson resgonded that Mr. Schaefer is not
altering the dra.inage pattern but there will be an increase in drainage
because of the increased hard surface.
After discussion, Councilmember Huber moved to close the hearing
and approve the Critical Area modified site plan as proposed, to
allow construction of a porch addition, walkway, garage expansion,
pool and retaining wall with the following conditions: 1.) that four to
five 20 foot tall pine trees be planted between the pool and the Ciresi
home; 2.) that vines will be placed over the green cyclone fence
along the entire length of the fence between the two houses; that
there will be buffer on the utility location or the utility location will
be moved if possible.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
PRELIMINARY BUDGET/ Council acknowledged receipt of a memo from Treasurer
Page No. 4542
September 5, 1!
TAX LEVY Shaughnessy regazding the proposed 1996 budget and
Council also acknowledged a letter from Ms. Joan Oli
any consideration of financing for the proposed Burov�
acquisition.
Mayor Mertensotto stated that by state law the city mi
preliminary budget and levy and certify the levy to D�
by September 15, after which time the levy cannot be
informed the audience that the proposed 1996 budget
a five percent increase in total expenditures over the 1
He stated that Council instructed city staff to hold the
budget because of the impact of the school district ref
potential school district special levy. He explained th;
does not plan to exceed the proposed five percent incr
are some add-on items, such as the Burow farm, whic]
discussed.
Mr. Ronald Patrick Smith gave an update on the Buro�
informing Council of a recent informational meeting b
the matter. He stated that at the meeting he distributec
petition in support of the acquisition, and he submittec
pages of petitions which he stated held approximately
signatures. He asked that Council include funding for
acquisition in the 1996 budget and reviewed the histor
discussions and the involvement of the Friends of the :
(FBF). ,
Mayor Mertensotto pointed out that there is no defin
place and that it would be costly for the city to upgrz
providing handicapped accessibility, etc. He stated 1
does not exist and informed Mr. Smith that to him it
question of unfunded liability. He pointed out that t]
have to maintain the property if the FBF became ext
maintenance costs could be considerable.
Councilmember Smith stated that she supports open
as anyone else does but is concerned about many of �
stated that while there aze good intentions at this tim�
does not maintain the facility to city standards or the
neighborhood, the city would receive all of the com�
would have little to say given the proposed structure
profit organization. -
Mayor Mertensotto stated that the same end result
accomplished if the property is acquired and mana
profit corporation. He informed Mr. Smith that G
ax levy.
objecting to
farm
;t adopt a
:ota. County
icreased. He
icludes about
95 budget.
ne on the
�endum and
, Council
�se, but there
will be
i Farm issue,
; had held on
copies of a
to Counci153
ie farm
of
urow Farm
ve plan in
; the facility,
t the FBF
s become a
city would
;t. and the
�ace as much
; details. She
if the FBF
andards of the
ints but
� the non-
ld be
by a non-
;il must think
Page No. 4543
September 5, 1995
ahead and cannot commit the tax payers to the costs. He pointed out
that there is no extra funding to commit to this type of project and
that it is anticipated that the state will reduce the HACA aid to the
city by 20% or more. He stated that the issue of acquiring the farm
arose because of fire damage to the buildings. He informed Mr. �
Smith of the objection from Mrs. Olin and a call he had received
from Mr. Clazence Neff, who stated that she would move from town
if Council commits to acquiring the farm. He stated that Mr. Smith
sent flyers out to a lazge number of homes in the area around the
farm and he has received over thirty calls from people who were
concerned that the property would develop as multi-family. He felt
that there is much misinformation about potential future
development of the properry; Mayor Mertensotto informed Mr.
Smith that he cannot support city acquisition of the farm and that he
feels that Mr. Smith should instead work with a non-profit
organization.
Councilmember Krebsbach expressed her she support for
preservation of the farm, but stated that she does not believe there is
sufficient Council support for funding the proposal. She stated that
the budget workshop which had been scheduled for last week had to
be canceled because of conflicting Council member schedules. She
felt that Council should review the proposed budget in a workshop
with department heads as it has done in past years.
Mayor Mertensotto agreed that conducting a workshop is
appropriate, but stated that the workshop can be held after the
preliminary levy is adopted, since the levy aznount cannot be
increased after it is certified. He pointed out that the preliminary
levy must be certified to Dakota County by September 15.
Councilmember Huber agreed that he would like a workshop, but
sta.ted that he did not feel it needs to be held before the preliminary
,
levy certification. With regard to the Burow farm issue, he stated
that in his mind is whether there is any community support for the
proposal outside of the immediate neighborhood. He stated that
while 400 signatures on a petition is not a trivial amount, it
represents only about eight to nine percent of the voting residents
and he is concerned about how the other 90 percent view the issue.
He noted that on some pages of the petition there are many names of
people on the same street but on many pages there aze lots of groups
where there are only a few people on the same street. He explained
that there were about 60 people at Mr. Smith's informational
meeting, and if each took a petition, each was able to get six to
seven signatures. He was very concemed that those circulating the
petition probably knocked on many doors and contacted many
Page No. 454�
September 5, 1
people who gave a negative response. Councilmem�
that if Council votes not to acquire the property and 1
cry of outrage from the residents, Council will know
further stated that if there is a public outcry, there m�
Council to approach the issue differently, but at the t
would like to have seen a much broader base of supp
signatures.
Councilmember Smith stated that on many occasions ;
expressed support for the open space concept and that
the petition she could sign it, but as a representative oi
concerned about the city's ultimate obligation and the
unlrnowns. She stated that she would need answers to
questions before she could support acquiring the farm,
suggested to Mr. Smith that if time is truly of�the esse�
indicated, perhaps the city could take an option on the
work through all of the issues. She pointed out that th
entirely untested and new venture that the city is bein€
enter into - it is a new way of dealing with a property,
from what Council has done before, and there aze man
questions.
Councilmember Huber moved to schedule a special m
p.m. on Wednesda.y, September 13 for discussion of t]
19961evy and budget and adoption of the preliminary
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 95-13, STAR Council acknowledged an application from Star Builc
BLTILDERS modified critical azea site plan review, variance to all�
garage, a variance to allow the garage to be closer to �
line than the principal structure, and conditional use �
construction of a pool house at 1010 Sibley Memoria
Council also aclrnowledged reports from the City Pla�
Administrative Assistant Batchelder. Mr. Kenneth N
for the project, was present for the discussion.
Mayor Mertensotto stated that a variance is needed 1
attached or detached gaxage can be constructed on a
second garage is considered an accessory structure.
garage will be used as a garage.
Mr. Nordby responded that the property owner,
has antique cars, a sports car, a boat and a snow
stored in the garage. He explained that Mr. La.r
Huber stated
re is a huge
out it. He
�e time for
nent he
than 400
he has
�s she reads
the city she is
She
ce, as he has
�roperty to
sisan
asked to
�ery different
� unanswered
ting for 7:00
proposed
�for
a second
front lot
nit to allow
and
y, architect
�use only one
anda
asked if the
Landreville,
which will be
e considered
Page No. 4545
September 5, 1995
expanding his elcisting garage but that would necessitate removal of
trees, relocation of existing landscaping and an increased driveway
slope.
Mayor Mertensotto stated that Council cannot extend to everyone in
the city the ability to build a second garage, but there is a distinction
in this case because the property is a five acre parcel that cannot be
subdivided. He asked if the property owner below the Landreville
properiy objected to the proposal.
Mr. Nordby responded that the neighbor was worried about excess
run off but the project will not create any additional run off except
from the impervious surface in the pool and will not add to the
Werthauser drainage problems. He informed Council that no trees
will be eliminated aad the garage will be shielded from all
neighbors. He explained that he staked out the proposed garage and
xhe city's planner visited the site and confirmed that no trees would
be removed nor with the grade be changed for the garage. He stated
that no soil will be removed or brought to the site and the garage
will only be seen from the Landreville home.
Mayor Mertensotto stated that if it is Council's desire to approve the
application, a condition should be that silt fencing be put in place
during constntction until the soil is re-stabilized. He stated that the
applicant should submit a modified plan to show silt fencing. '
Councilmember Smith stated that Mr. Landreville's plan makes
good sense for the site. She expressed concern that city ordinances
do not accommodate such plans, and suggested that Council should
consider addressing this type of situation in the Zoning Ordinance.
Council made the following findings: 1) that the site is unique in
that it is five acres in size; 2) the property is screened &om the
neighbors; 3) the proposed structures will not alter the character of
the neighborhood Council discussed a condition of approval to
restrict future subdivision of the properiy. It was noted that any
future proposal to subdivide the lot would require City Council
deliberation and action.
City Attomey Hart stated that Council cannot bind a future Council,
and if Mr. Landreville or a subsequent owner came to a future
Council it could grant subdivision. He pointed out, however, that by
inserting language in the approving resolution with respect to future
subdivision would establish Council's intent for future Councils.
Page No. 4546
September 5, 1!
Councilmember Smith suggested that a condition of <
any attempt to subdivide the land in the future would
automatic termination of the variance for the second �
structure.
Councilmember Smith moved adoption of Resolution
RESOLUTION APPROVIl�IG A CONDITIONAL U�
VARIANCES AND CRITICAL AREA REVIEW AL
GARAGE, POOL AND POOL HOUSE TO BE CON'�
AT 1010 SIBLEY MEMORIAL HIGHWAY (PLANr
NO. 95-13)," revised to include the following conditia
fence installation be required from the time constructi�
the soil is re-stabilized; that the applicant submit revis�
showing the silt fence; and that any attempt to subdivi
property will automatically terminate the variances wi
the garage.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 95-14, CRUZ Council acknowledged an application from Mr. and 11
Cruz for variances to allow an existing driveway to re
Cherry Hill Road and to allow storage of a recreation�
the required side yazd. Council also acknowledged a
applicants to the Planning Commission and reports fr�
planner and Administrative Assistant Batchelder. Mr.
and their legal counsel, Mr. Richard Gabriel, were prf
discussion.
Mr. Gabriel informed Council that Nir. & Mrs. Cruz h�
letter from Code Enforcement Officer Berg and Attorn
Costello advising them that they could no longer pazk
home alongside their house. He stated that Mr. Cruz c
home in 1993, and the house is configures on the lot s
home is at an angle, which restricts the side yard. The
vehicle cannot be stored within the setback limitations
applicants are requesting a variance from the setback b
to pazk their 23 foot long recreational vehicle along sic
and to allow them to retain an existing ten faot wide cc
which the vehicle is stored He explained that Mr. Cru
explored the possibility of purchasing ten feet of prope
adjoining land owners but they do not want to sell any
He stated that the back of the lot fronts on Wachtler A
there is no access from Wachtler. He informed Counc
Cruz has received bids for plantings and fencing to scr
be that
in
o. 95-49, "A
PERMIT,
�WING A
vG CASE
: that silt
begins until
plans
the
respect to
s. Richazd
ain at 1338
vehicle in
tter from the
a the city
; Mrs. Cruz
;nt for the
received a
� Martin
;ir motor
�structed the
h that the
and the
allow them
; their house
acrete pad on
: has
ty from the
�f their lot.
enue but
. that Mr.
en the
Page No. 4547
September 5, 1995
sideyard, and stated that there aze many recreational vehicles in the
city parked where they should not be.
Mayor Mertensotto informed Mr. Gabriel that the city received a
complaint from the neighbors of the Cruz's, which brought the
matter to the city's attention. He pointed out that the city does not
permit the stora.ge of a mobile home in a driveway.
Councilmember Huber stated that Mr. Cruz is attempting to come up
with some way to screen the vehicle.
Mr. Cruz responded that he has talked to landscapers and has also
agreed to a fence, as was suggested by the neighbor who now says
no. He explained that bushes would screen the vehicle and would be
entirely on his properly. He stated that because of the angle of the
house and the trees, he cannot get the motor home into lus back
yard. He further stated that he has tried to accommodate the
neighbor by screening any way the neighbor desires.
Councilmember Smith stated that it appears that the back yazd is
highly visible from the Pazk Place neighborhood, and putting the
vehicle in the back yazd would not make it any less visible.
Councilmember Huber stated that it is unlikely that Mr. Cruz could
even get the vehicle into the back yazd given the configuration�of the
house. He pointed out that the Planning Commission determined
that there is no basis for a hardship, but he felt that perhaps having to
store the vehicle in a remote location where it would have to be
loaded, unloaded and maintained would be a hazdship.
Mayor Mertensotto responded that to grant a variance the Planning
Commission looks at hardships on the premises.
Mr. Gabriel stated that the hardslup is that the lot configuration does
not pemut the storage of a recreational vehicle in an area that is
allowed for storage by the city's ordinance.
Responding to a question from Councilmember Smith, City
Attorney Hart stated that the concept of hardship has changed in
state statute so that cities now deal with practical difficulty, but the
hazdship must generally relate to the characteristics of the land and
not to the use. He further stated that the residence was able to be
built in compliance with city ordinances, and any hazdship would be
unrelated to the development of a facility on the lots. He explained
that there does not seem to be a characteristic of the property that
Page No. 4548
September 5, 1!
creates a hardship, and if Mr. Cruz built the house he d�eated the
hardship himself. I
Mr. Cruz responded that he tried to do everything rigti by putting in
a screen and the fence the neighbor wanted, and now e neighbor
will not agree. He informed Council that he has plant d 21 trees in
his yard
Councilmember Smith asked why the site survey doe:
driveway pad. Mr. Cruz responded that the survey w�
time his planner drew up the preliminary plan and the
idea after the plan was submitted.
Councilmember Huber stated that the only options :
to store the vehicle off site or to increase the height
accommodate the vehicle.
Councilmember Smith stated that she could support
were a unique situation, but it is not unique.
Mr. Cruz sta.ted that if he had known that he could
concrete pad at the properiy line or store the motor
azea, he would have done things differently in the t
Mayor Mertensotto informed Mr. Cruz that Council h
requests similaz to his in the past, and sta.ted that Mr. �
neighbors have voiced their objections. He explained
must rely on precedent so that everyone is treated equ
Councilmember Huber stated that Mr. Cruz has indic�
built his home in its location because the home had to
way the existing houses on the cul de sac are angled.
if the home were square on the lot, it would have beer.
use the sideyazd for storage, as is allowed by ordinanc
Mayor Mertensotto pointed out that the Planning Co�
minutes reflect that the concrete pad was never show
plan or it would have been caught in the building per
process. He stated that the commission recommende
that he cannot see any possible way that Council can
past precedent where it has turned down similaz requ
no hardship basis. He stated that the sideyard setbac'.
ten feet and the setback for driveways is five feet fro�
line; and noted that the Cruz side yazd is ten feet at �it
point.
iot show the
done at the
ad was an
Cruz has aze
us garage to
�roval if this
iave a
cle in that
�ning.
� turned� down
-uz'
iat Council
;ed that he
�it in with the
ie noted that
possible to
on the site
� 't application
denial and
eviate from
ts if there was
for storage is
the side lot
narrowest
Page No. 4549
September 5, 1995
Mr. Gabriel responded that there is a way to bring the vehicle in the
properiy and stay ten feet from the property line, but it would stick
out in front of the house. He explained that Mr. Cruz is trying to
have a vehicle on his lot in the best possible way for the
neighborhood by adding screening, etc.
Mayor Mertensotto stated that the precedent is for denial and that if
Council concurs with the Planning Commission it should direct staff
to prepare a resolution to deny the request, which details Council's
findings based on discussions this evening and at the Planning
Commission hearing.
Councilmember Krebsbach moved to accept the Planning
Commission's recommendation for denial of the application for side
yard variance and storage of a recreational vehicle in a driveway and
to direct staff to prepare a resolution of denial based on lack of
hardslup and denial of similaz requests in the past.
Councilmember Smith seconded the motion.
Ayes: 3
Nays: 1 Huber
CASE NO. 95-19, LANE Council acknowledged an application from Mr. Jerome Lane for a
wetlands permit to install a fence within 100 feet of LeMay Lake
and to install a dock. Council also acknowledged reports from�
� Planner Uban and Assistant Batchelder.
Mayor Mertensotto informed Mr. Lane that the Wetlands Ordinance
stipulates that nothing can be installed within a designated wetlands
area. He asked Mr. Lane how faz the fence will be from the water
and if the lake is navigable.
Mr. Lane responded that it will be down to the water's edge and that
his lot line goes into LeMay Lake. He explained that he wants to
install the 42 inch chain link fence for the safety of his neighbor's
children, and that all of his neighbors support his request. He stated
that he uses a row boat on the lake. Responding to a question from
Councilmember Smith, he stated that lus lawn extends a11 the way to
the lake and the proposed fence would be a replacement for a fence
that was taken out when the public utilities were constructed,
although the original fence did not extend all the way to the lake.
He informed Council that there is already a dock on the lake and
there was a dock on his properiy when he bought it.
Mayor Mertensotto stated that the city does not have a scenic
easement along the lake as it does in the Copperfield ponds, where a
Page No. 455(
September 5, 1
recent dock request was denied He asked Mr. Lane v�hy the fence
must go all the way to the lake. �
Mr. Lane responded that if he did not extend the fenc to the water,
the children and dogs next door could get around it an it would do
no good. He explained that keeping the toddlers awa is a big worry
for him and also older children in the azea bring their �' bikes and
run into his retaining walls.
With respect to the dock request, Attomey Hart stated that the only
issue is under the wetlands ordinance - Council woul have to make
the findings required under the ordinance.
Councilmember Huber stated that he has no problem
as everyone who could see it approves the request.
Councilmember Krebsbach stated that Mr. Lane's aze
to significant airport noise, the greatest air noise in th�
would like Council to do what it can to make the area
in. She did not, however, like the fence to go to the v�
the dock,
is subjected
city, and she
�etter to live
Mr. Lane responded that anything else would not ke the children
out. He stated that the dock will be on pads so that it an be moved,
and there will be some posts to stabilize it.
Councilmember Huber pointed out that Council did
Copperfield dock request even though the applicant
temporary. .
Attorney Hart clarified that under the wetlands ordina
does not need to make a finding of hardship - if the a�
the proposed use meets the criteria of the ordinance, f
entitled to a wetlands permit, which is different from �
requirements for a variance. He further sta.ted that a11
ordinance says is that the criteria established by the o�
be satisfied, and the Lane application may well satisf�
Councilmember Smith noted that the neighborhood is
stated that Council would be looking at the applicatio�
the dock's impact on the wetland. She further sta.ted t
concern is precedent and that she would like to define
conditions that make the dock approvable before Cow
it.
Councilmember Smith moved to approve the issua
pernut to Jerome Lane to a11ow installation of a 42
approve the
l it would be
e, Council
ication and
applicant is
he wetlands
iinance must
those criteria.
solated. She
in terms of
at her only
he specific
;il approves
of a wetlands
1 chain link
Page No. 4551
September 5, 1995
fence to the water's edge on LeMay Lake with the condition that no
vegetation can be removed, and to defer action on the dock request
to a later date pending additional research.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 95-22, SLATER Council acknowledged an application from Ms. Billie Slater for a
wetlands permit to continue and finish a landscape project, including
a playhouse/structure, wootlen stairs vegetation removal and
replacement at 2464 Pond Circle East, within 100 feet of the
wetlands. Council also aclaiowledged reports from the city planner
and adminisirative assistant, along with a letter of intent regarding
landscaping changes from 1VIs. Slater.
After brief discussion, Councilmember Huber moved to approve the
issuance of a wetlands permit subject to restoration of the vegetation
and placement of the playhouse/shucture no closer than 71 feet from
the water's edge.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 95-23, SIMMONDS Council acknowledged an application from Ms. Janice Simmonds,
1324 Sylvandale Road, for a conditional use permit to add 900ecubic
yazds of fill to Outlot A, Evergreen Knolls. Council also
acknowledged associated sta.ff reports. Ms. Simmonds and Mr. Jim
Gryc, developer of Evergreen Knolls, were present for the
discussion.
Ms. Simmonds stated that she proposes to add fill so that her house
elevation can be raised so that it can have gravity flow to the
sanitary sewer on Wachtler Avenue.
Mayor Mertensotto stated that Ms. Simmonds had previously come
before Council to ask that she not be required to pay more than the
normal assessment for connection to the sanitary sewer system than
a norma1100 foot lot would pay. He asked what street the outlot
will front on.
Ms. Simmonds responded that the lot fronts on the Wachtler Avenue
right-of-way. Responding to a Gouncil question, she stated that her
lot is lower than the lot to the north and the front of the outlot will be
raised from elevation 880 to 882.
Page No. 455�
September 5, 1
Responding to a question from Councilmember Krebs
why the property was platted as an outlot, Public Worl
Danielson stated that lots are typically platted as outlo
there is some future action intended. He stated that in
was intended that the outlot be divided into two lots ir.
Wachtler were ever to be constructed.
Mayor Mertensotto stated that he does not want to cw
possible future construction of the extension of Wach�
if raising the elevation of the outlot would curtail that
Ms. Simmonds responded that there is an 18 foot
street would be.
Mr. John Hartmann, 812 Deer Trail Point, stated that �
been filled over the past five or six years without a pe:
is a considerable amount of fill on it already, some of
fill including concrete. He stated. that in filling the lot
water way that runs through the progerty was blockec
that exists goes down to the comer house on Evergree
Wachtler. He fiuther stated that the water comes dow
steep grade and washes fill that has been placed into a
Slowinski property. Mr. Hartmann stated that he und�
the applicant proposes to fill the property so that they
gravity sewer to somehow get the sewer line to the co:
Wachtler and Evergreen Knoll. He pointed out that tY.
run, and stated that he assumes it would be a private s�
there cannot be future development of the lot. He stat
there will be no street, plowing in the winter will be v�
and he asked how emergency vehicles and plows will
Simmonds. He felt that there needs to be an adequate
the property and some provision to take caze of the stc
that it does not erode everyone's property as well as s�
serve the outlot with sewer. He sta.ted that the public �
the existing homes, so it would have to be extended 1 �
Mayor Mertensotto stated that he does not want to for
option of extending Wachtler to the south. He also st�
other problem is whether the city would have to carry
assessment if a public street is constructed. He pointe
Gryc obviously did not plat the lot at the ti.me of platti
Knolls and the city certainly wants to give him some i
property since he has been paying taxes on it, but statE
wants to exercise good planning so that future plannin
off.
�ach about
s Director
s because
1us case, it
the future if
lthe
. He asked
where the
ie lot has
nit and there
vhich is dirty
� natural
and the street
� Knolls and
� the street at a
ravine on the
rstands that
:an put in a
�er of �
s is a long
wer line and
d that since
ry difficult
;et to the
�treet to serve
7n water so
me way to
treet ends at
0 feet.
;lose the
;d that the
�lf of an
out that Mr.
; Evergreen
e of the
tha.t Council
is not closed
Page No. 4553
September 5, 1995
Mr. Gryc responded that the street would probably only have to be
extended 50 feet to serve the Simmonds home. He pointed out that
the lost time Ms. Simmonds appeared before the Council, there was
discussion about a possible turn around. He sta.ted that the street
ends half way back to the lot on Deer Trail Court and perhaps that
lot could be assessed as well as the outlot.
Mayor Mertensotto stated that the last time Ms. Simmonds came to
the Council it was because she wanted utilities but did not want to
pay all of the cost.
Ms. Simmonds responded that she will have to pay the full cost of
the utilities. She stated that her proposal will not jeopazdize the
future extension of Wachtler, but extending it would probably be
cost prohibitive.
Mr. Hartmann stated that because of the growth on the right-of-way
there seems to be a very significant drop off and it would be very
expensive to extend Wachtler, but if it is extended enough it would
create the option for potential future development of the Slowinski
property. .
Mayor Mertensotto asked Ms. Simmonds if she would still proposed
only one home on the outlot if the road were to come through,
pointing out that two homes could easily be built on the property.
Ms. Simmonds responded that if she were to subdivide the�lot she
would still need the 9Q0 yazds of fill.
Councilmember Krebsbach felt that the proposed house does not
accommodate the contours of the lot.
Councilmember Smith stated that her concern is to ensure that
drainage does not interfere with anyone else's property. She also
stated that there are many trees on the lot and she would like to see
how many would need to be removed.
Further discussion on the application was tabled to September 19.
CASE NO. 95-24, NELSON Council acknowledged an application from Mr. Dan Nelson for a
fence height variance to allow lus existing five foot high patio fence,
at 575 Sibley Court, to remain. Council also acknowledged
associated staffreports.
Page No. 455�
September 5, 1
Councilmember Smith stated tha.t she is concerned th 't the people
who are using the facilities at Sibley High School. Sh asked if
there are no public facilities at the Sibley park.
Mr. Nelson responded tha.t he complained to the scho l last year and
they have since provided portable units, but there are eople
constantly coming and going to the park because of th events. He
explained that he lives directly across from the ball fi d.
Councilmember Smith stated that she believes Mr. N
is reasonable given the public use across the street. �
out that the patio fence is not really like a fence, but i
sell and there is an eight foot variance for a fence alo�
future owners could build a solid fence along the pro�
Mr. Nelson responded that the fence only encompassc
area. - it is 18 feet long on Warrior Drive and about an
north and west. He explained that only about 20 feet
does not comply with the ordinance. He also stated tt
trees he has planted mature he may remove the fence.
On the basis of the unusual circumstances, Counciln
moved to approve a 24 inch fence height variance to
foot high ornamental wood fence to remain as consb
not to exceed five feet in height or 20 feet in total le�
closer than 22 feet from the right of way.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 95-21, AT&T Council acknowledged an application from AT&T V
for a conditional use permit for a cellulaz telephone 1
tower, variance for tower height and variance for bui
for a tower facility which AT&T constructed on Mn,
at T.H. 55 and I-494 without city approval. Council
acknowledged numerous communications from AT�
staff reports, and letters of support from AT&T ce11L
Mr. Peter Beck, AT&T legal counsel, and several re�
AT&T including Ted Olson and engineers were pres
discussion.
Mr. Peter Beck reviewed the application and history
Mayor Mertensotto stated that he will recommend a�
motion to authorize city staff to make application to
transfer the surplus right-of-way to the city. He exp
.son's request
.e also pointed
the Nelsons
; the property,
the patio
her 11 feet
'the fence
t once the
�er Huber
wafive
d, the fence
and be no
Services
setback
property
, associated
r customers.
;sentatives of
t for the
Council.
nofa
OT to
that there
Page No. 4555
September 5, 1995
is a real question over why Mn/DOT has not given the city the
opportunity for turn-back acquisition.
NIr. Beck responded that he does not think anyone knew it had been
declared surplus.
Mayor Mertensotto stated that this is apparently one of the reasons
why federal approval has not been granted to Mn/DOT to lease the
property.
Mr. Beck described how cellular systems work and explained that
there aze sixty similar towers in the Twin Cities area. He explained
that the height of the antenna is deternuned by coverage issues. He
reviewed graplucs depicting�coverage gaps at antenna heights of 75,
95 and 125 feet. Referring to a facsimile letter from AT&T to the
city dated September 1, 1995, he stated that AT&T has decided to
use a 95 foot pole even though there is a concern about a 3/8 to 1/2
mile gap of service on I-494 - the maximum antenna height would
be 100 feet. He explained that AT&T has agreed to remove the top
section of the existing 125 foot pole that is in place, and stated that
the tower will not have a microwave dish on it. He fiurther stated
that the most recent letter from AT&T states that it will comply with
a11 of the Planning Commission recommendations including
significant improvement to the landscaping, etc. Responding to a
question from Councilmember Smith, he stated that the tower �
location is the best location given all circumstances, and is a better
site than the water tower. �
Councilmember Huber pointed out that a 3/8 to 1/2 mile service
interruption is only 30 seconds in time at freeway speeds. Mr. Beck
responded that in most circumstances when service is interrupted, a
call is lost.
Mayor Mertensotto sta.ted that the precedent elcists for the conditions
the city has set. He pointed out that Council is very conscious of
tower heights, and the AT&T proposal is totally different from a
recent denial because it is not located on a substandard residential lot
in a residential district and is not governed by PRB-1. He stated that
the developer of the city's industrial park is very conscientious and a
very good developer, and a11 of the buildings aze finished on all four
sides. He stated that he supports good cellular service but is
concerned over deviation in building material and aesthetics, and
pointed out that although Mr. Beck has sta.ted that the antenna will
be reduced to 95 feet, an antenna will be extended over that.
Page No. 455f
5eptember 5, 1
Mr. Beck responded that AT&T will hold the antenna
Council wishes and will use whatever building materi�
requires. He also agreed that AT&T will paint the tov�
match the color of the city's water tower.
Responding to a question from Councilmember Smitb
projected length of time the tower will serve AT&T n�
is likely that the tower can be brought down to 75 feet
future, AT&T's engineer stated that it is unlikely that
to be any enhancements to the system for many years.
foresee needing another site in Mendota Heights for a�
stated that AT&T would not want to abandon the site
95 feet if
Council
antennas to
regarding the
eds, and if it
high in the
here will need
He did not
least and
ince it is a
very good location in terms of terrain and proximity to� the freeway.
Mr. Beck stated that AT&T's lease with Mn/DOT wil be a two year
lease which is presumably renewable. He explained t Mn/DOT's
position with respect to right-of-way is that they cann t put anything
permanent on it - the tower is an imbedded pole and is not cemented
in.
Mayor Mertensotto stated that Council's concern is t�
welfaze of the community, so it establishes aesthetic �
He pointed out that the facility AT&T has on T.H. 13
precedent, and it is 75 feet tall. He explained that Co�
at how to accommodate the structure on the site, and i
have been set for the city as faz as the height of the fa�
has allowed one tower at 75 feet in height.
Mr. Beck responded that the 75 foot height was uses b�
was needed at that particular location. He recognized 1
pole is 20 feet higher but it is in an industrial zone and
considerably farther away from residential use than the
location. He also stated that the 95 foot height is belo�
needed to serve AT&T's needs. He stated that the exte
facilities will be brought up to whatever level of deta.il
is necessary.
Mayor Mertensotto read Planner Uban's
audience and AT&T representatives.
Councilmember Krebsbach stated that one of her issue
much the tower as the fact that after talking to Council
antennas on the water tower, AT&T put up the tower v
permission. She expressed her disappointment with A'
process it used.
general
idelines, etc.
;presents a
.cil must laok
: guidelines
itv - Council
�se that
the new
T.H. 13
� where it is
-ior of the
�ouncil feels
for the
is not so
'&T in the
Page No. 4557
September 5, 1995
Mr. Beck responded that AT&T has made every effort to rectify its
mistake.
Mayor Mertensotto stated that the tower height will set a precedent
and Council is concerned about the city's industrial area. He _
pointed out that the Zoning Ordinance allows up to 50 feet and a 75
foot pole was pernutted on Highway 13, and sta.ted that he would
support a 75 foot pole.
Mr. Beck responded that a 75 foot antenna would not serve the
function and purpose. He stated that over a period of time systems
tend to lower antennas, and he suggested that AT&T submit to the
city a semi-annual engineering study to show AT&T is continuing to
analyze the system and can bring the pole down to 75 feet as soon as
possible.
Mayor Mertensotto suggested that Council could approve the 95
foot pole with the condition that it be reduced to 75 feet over a
period of time.
Mr. Olson sta.ted that many times AT&T can engineer from a
coverage perspective where antennas will go, and this is a location
where AT&T does not have goad coverage or capacity, and capacity
drives the height of antennas down.
Mr. Beck suggested that Council approve a temporary, five year
conditional use permit at 95 feet and that AT&T come back �in two
years and justify the need to stay at 95 feet.
Mayor Mertensotto responded that tlus would give AT&T and
control, and that he would go along with a 95 foot maximum height
provided that in two to three years the tower is lowered or the city
will impose a significant fine. In the alternative, he suggested that if
AT&T did not lower the tower to 75 feet in five yeazs the
conditional use pernut would automatically be revoked with no
guarantee of renewal, and AT&T would have to comply with a11 of
the city conditions.
Mr. Beck responded that if AT&T is unable to lower the tower it
would °like the opportunity to keep it at 95 feet so AT&T can apply
with no guazantee of future application approval just because the
facility exists. �
City Attorney Hart stated that the structure was built before issuance
of a building permit and the city would have to be certain that it has
no liability with respect to construction of the structure.
Page No. 455
September 5, 1 95
Attorney Beck responded that AT&T has provided all the inspection
reports to the city's inspection department and will pr � vide
everything that is available. He informed Council tha the engineers
who tested the tower on Highway 13 also tested the n w tower. He
also stated that AT&T will give the city a hold harmless agreement.
Responding to a question from Administrator Lawell, . Beck
stated that there aze six antennas on the tower now an there will be
a maximum of nine antennas - the three future antenn would go
horizontally between the existing six.
Mayor Mertensotto stated tha.t Council could allow
with the right for AT&T to come back to request a
three additional antennas in the future.
It was the consensus to direct staff to prepare a re.
considera.tion by Council on September 19 and to
permission to proceed with finalizing building coi
withhold permission to activate the system before
resolution.
Councilmember Krebsbach moved to direct sta.ff to
D'uector of Highways and Right-of-Way for Mn/D(
for the trazisfer of the one and one-half acres of sur�
to the city. .
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
AIR NOISE Council acknowledged a memo from Administrator
Minneapolis/St. Paul Airport Area Community Prot�
Package. Council discussed the document and gave
Lawell direction on changes and additions.
antennas
:unum of
rn for
Al&T
tion but to
son of the
� with the
an application
� right-o�way
1 and draft
Concept
PURPLE LOOSESTRIFE Council acknowledged a memo from Code Enforcem nt Officer Gill
regarding sites azound the community which are affec ed by purple
� loosestrife.
Mayor Mertensotto stated that something must be dc
homeowners in dealing with loosestrife elimination.
that the city offer to contribute $100 to homeowners
loosestrife.
; to assist
[e suggested
treat purple
Page No. 4559
September 5, 1995
Councilmember Smith stated that she thinks this is an opportunity
for the city to work with the community to get volunteers to pull out
the weeds, since removal is the most effective control.
MEETING SCHEDULE Council acknowledged a memo from the City Clerk regarding
scheduling of the joint T.H. 55 workshop, and recommending that
the October 3 Council meeting be rescheduled because it falls on
Yom Kippur.
It was the consensus of Council to conduct a joint workshop with the
Planning Commission on September 28 for discussion of the T.H.
55 study and to reschedule the regulaz October 3 meeting to
Thursda.y, October 5.
ADJOURN There being no further business to come before the Council,
Councilmember Huber moved that the meeting be adjourned.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 1:47 o'clock A.M.
Kathleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
As�halt Contractor License
Bill & Co., Inc.
Concrete�Masonrv Contractor Lieense
A& H Cement Construction, Inc.
�
General Contractor License
A Top Roofing & Construction, Inc.
Blaeser Landscape
Steenberg & Watrud Constuction Inc.
D.L. Property Report
Dave Taylor Construction Co., Inc.
� .. .. - . -._-
SVAC Contractor License _.
Metro Air
Drvwall Coatractors License
Donald Goodroad
�
a
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PARKS AND RECREATION COMMISSION MINUTES
SEPTEMBER 12, 1995
The regular meeting of the Mendota Heights Parks and Recreation Comn
was held on Tuesday, September 12, 1995, in the City Hall Large Confe
Room, 1101 Victoria Curve. The meeting was called to order at 5:37 0'
The following members were present: Spicer, Libra, Damberg, Linnell an�
Liberacki. Commissioners Norton and Kleinglass were excused. Also pr�
were Administrative Assistant Kevin Batchelder and Parks Project Manag
Kullander. Guests present were Ms. Peggy Lynch, of Friends of the Par�
APPROVAL OF MINUTES
Commissioner Libra moved to approve the August 8, 1995 mi
Commissioner Linnell seconded the motion.
AYES: 5
NAYS: 0
TREE DONATION PROGRAM
Ms. Peggy Lynch, of Fri�nds of the Parks and Trails, appeared befi
Parks and Recreation Commission to discuss a tree purchase and t
donation program and to inquire if Mendota Heights would be inter
participating in this program. Ms. Lynch stated that Ramsey Coun
communities have conducted this tree donation and tree purchase
through the Friends of the Parks and Trails over the last four years
Lynch stated that this is an effort to raise funds for the Friends of
and Trails, to encourage urban forestry and to have people purcha;
so that they can donate them to their local municipal parks.
on
ck P. M.
s the
e
>ted in
�ogram
Ms.
e Parks
trees
Ms. Lynch stated that last year their brochure was distributed with the St.
Paul Water billing and that included Mendota Heights. Lynch state they
had received orders for trees from Mendota Heights residents and hat two
trees were donated through this program to the City's park system
Administrative Assistant Batchelder stated that two maple trees w re
1
planted in Mendakota Park.
Ms. Lynch stated that Friends of the Parks and Trails desire to expand their
program to neighboring communities outside of Ramsey County and would
like to include Mendota Heights. Ms. Lynch stated they have not decided
which trees to use this year but they are considering having available for
purchase maple, evergreen, oak and flowering crab trees. Ms. Lynch stated
they want help with publicity through City newsletters. Ms. Lynch stated
that the only City responsibility would be to identify parks and locations for
specific tree types if people desire to donate trees to the municipal parks.
Lynch stated the program is marketed over the winter with a spring
purchase, delivery and planting which occurs the last Friday and Saturday in
April. Lynch stated the.municipality would be responsible for planting any
trees that have been donated for public land. Residents who purchase trees
for their own properiy deal directly with Friends of the Parks and Trails.
Ms. Lynch described a commemorative tree program. She stated that
citizens purchase trees as memorials and Friends of the Parks and Trails
send out a certificate in honor of this dedication. Typcial memorials in the
past have been in memorial of people, as Christmas gifts, as graduation
gifts, etc. Ms. Lynch stated that some cities in Ramsey County have
designated an area for memorial trees and in other cases maps are provided
where these memorial trees have been planted. Ms. Lynch stated that if the
City of Mendota Heights desires to work with this commemorative tree .
program that we can design how the system would work in Mendota
Heights. � -
Batchelder stated that if the City desires to implement this program we
would have to plan which parks need trees and what types of trees in what
locations. Batchelder stated that the tree delivery date coincides with Earth
Day in late April. He stated that City Council members have indicated a
preference in the past to have MnDOT include crab apple trees in the
replanting of the Highway 13/Highway 55 interchange project.
Commissioner Linnell stated that he sees this program as a benefit to the
City and that it would be relatively simple to advertise through the City's
newsletter.
Commissioner Linnell moved to recommend that the City Council consider
utilizing and promoting this program this coming winter.
Commissioner Libra seconded the motion.
2
��
AYES: 5
NAYS: 0
TRAIL MAPS
Chair Spicer distributed park maps that he had discovered when �
Dakota County's Thompson Regional Park. Spicer stated that the
maps are available in a mailbox at Thompson Regional Park and s
park regulations, the do's and the don'ts, the hours, a contact ph
number and a map of the park. Spicer stated that these maps co
as a prototype for our City map. The Commission discussed the �
and trail signs with staff and provided direction on how to incorp�
ideas into our park map system. .
MENDOTA PLAZA BALLFIELDS
Chair Spicer stated that the Parks and Recreation Commission had
ballfields at Mendota Plaza on a previous occasion and their origina
recommendation had been to limit expenditures from the Special P�
to 525,000 to address ballfield needs. Spicer stated the estimate t
shows ballfields at the Mendota Plaza in the range of 550,000 to S
Spicer stated his major concern is the temporary nature of these p�
improvements. The Commission discussed the temporary nature o1
proposal and felt that no expenditures should be made unless their
guarantee of at least ten years. Commissioner Linnell stated the Ci
want to wait and find out if there is something we can do at Resuri
Cemetery upon the completion of their master plan.
ing
park
; the
serve
maps
e these
iscussed
. Fund
staff
1,000.
this
�a .
y might
The Commission reviewed the ballfield plan and discussed possible�ost
cutting measures. The Commission discussed other possible sites �Or
ballfields. The Commission discussed the possibility of new ballfielc�s at the
new middle school in Mendota Heights. �
The Commission was of the consensus that if the City is to enter in�to any
temporary agreement for ballfields at Mendota Plaza that all of our acilities
should be salvageable such as fencing, backstop, benches, ag-line, topsoil
and everything that could be recovered.
Spicer stated the Commission agrees the City needs more ballfields and that
the Commission agrees that this is a great location for ballfields, ho ever,
there seems to be a feeling from the Commission that all of the mo + ey
should not come from the Special Park Fund. The Commission disoussed
Mendota Heights Athletic Association's scheduling of ballfields and I
3
�y ,
utilization of the days in the week they are available for ball games. Chair
Spicer stated he would entertain a motion that the City is willing to spend
up to $25,000 from the Special Park Fund with the conditions that the lease
cannot be terminated unless this site is being developed and that the City
can salvage all cost of materials.
The Commission discussed the fact of the size of the expenditure
necessitates at least a ten year term. The Commission discussed an
expenditure of S 150,000 for lights at Mendakota Park in order to double the
number of games that are available on these existing fields. The
Commission felt that this expenditure might prove better for a long term
facility and would increase the ability to have a return on the investment
with better utilization of the concession stand.
Commissioner Libra stated that he feels lights at Mendakota Park are a
preferable solution to a short term lease at the Mendota Plaza for ballfields.
The Commission directed staff to investigate the cost of lights at Mendakota
Park and financial feasibility of building ballfields lights at Mendakota Park.
Commissioner Linnell moved that staff investigate the costs of lights and the
financial feasibility of lighting Mendakota Park.
Commissioner Libra seconded the motion.
AYES: 5
NAYS: 0
Chair Spicer called for a motion. There was no motion forthcoming. The
Commission discussed cutting costs with the existing plan for ballfields at
Mendota Plaza. The Commission discussed the feasibility of starting
without fencing and benches and finding what work can be done on a
volunteer basis.
The Commission was of a consensus, there being no present motion, that
their recommendation last month that the limit of expenditures from the
Special Park Fund should be $25,000 for fields at Mendota Plaza.
The Commission discussed the need of ballfields in Mendota Heights versus
the needs for other recreation programs. Chair Spicer stated that the City is
a community of 10,000 people with approximately 1,500 children in these
youth programs and the City needs to respond to their demands for
recreational facilities. Spicer stated the City needs extra fields, however,
the question is how to go about it and how to fund it.
�
C ln
VERBAL UPDATES
The Commission discussed a letter from Ms. Janet Blesener to the�
asking about upgrades to the trail at the intersection of Dodd Roa
Highway 110 safer. This item will appear on the September 19th ��
Cauncit agenda. '
City
and
:he City
Admi�istrative Assistani Baichelder provided an update on the Co�incil's
discussion of the Burow's farm at their September 5th meeting. I
Commissioner Kleinglass informed the Commission that he is displ ased
with the outcome af the Mariel�exir�gton pond improvements and eft that
the City had failed the individual residents in:this area. Kleinglass tated
#hat more landscaping upgrades are needed in this area.
Commissioner Libra felt that the City should consider what kind of volunteer
activities around these types of pond we want people to do in th� e areas
so that we can guide them in making tandscape improvements in vyetlands
area, as opposed to allowing totalty volunteer vegetation to take o e er.
Parks Project Manager Kuilander stated that this area had been se ded after
#inal grading. Kultander stated that four hackberry trees and three willow
trees will be planted on this location. He stated the slopes are toa steep to
maintain in a turf condition and that it is costty to level it ou# by gr ding.
The Commission decided not to stencil the t�ails this evening and i�stead
scheduled a trail stenciling meeting on Tuesday, September 19th a�d �-.
ext�nded the invitation to si! ather Commissioners and City Offic�a�s to meet
them and walk the trails and identify the trails tay stenciling. �
The Commission thanked Dave Libra for organizing volunteers fro Sting
Soccer and the Mendota Heights Athtetic Association Soccer to pl nt tr+�es
along the south barder of Kensington Park.
Commissioner Damberg stated she would not be available for the
meeting.
5
Ictober
ADJOURNMENT
There being no further business, the Parks and Recreation Commission
adjourned its meeting at 7:30 o'clock P.M.
Respectfully submitted,
Kevin Batchelder
Administrative Assistant
C�
�
a
CITY OF MENDOTA HEIGHTS
Septem r 14, 1995
To: Mayor, City Council and City Adminis t
From: Kevin Batchelder, Administrative Assis
Subject: Monthly Reports to Park Commission
DISCUSSION
A month or two ago, the City Council became aware that the Parks aad Rec
Commission had requested that the Police and Pazks departments provide a monthl;
that the Commission could ke�p abreast of curnent activities in the parks, including
Upon seeing this in the minutes, the Council felt this information should be forwar�
they tao could keep current on pazk activities.
Attached, please find a copy of the monthly report from Police aad Parks
that were attached to the Parks and Recreation Commission agenda last week. In
these reports will be forwarded to Couacil as part of the consent agenda.
ACTION REQUIRED
None. This item is being forwazded to the Council for their information.
report so
so that
future,
CITY OF MENDOTA HEIGHTS
MEMO
September 7, 1995
TO: Parks and Recreation Commission
FROM: Terry Blum, Parks Leadperson
SUBJECT: Monthly Park Status Report
There was no vandalism discovered in the parks during August. The
following maintenance activities were completed by the Parks crew during the
month of August:
• Normal park maintenance activities were completed such as mowing,
dragging and striping ballfields, equipment maintenance, daily trash pick up,
sprinkler system operation and repair.
• Hockey boards were replaced as needed on all four rinks. The rinks and
warming houses were then painted both inside and out. -
• Five soccer fields were laid out and striped in Kensington, Victoria,
Wentworth, Ivy and Friendly Hills Parks.
• Trees along the pedways were trimmed.
• New grills were installed at Marie, Valley and Roger's Lake Parks.
• Rip-Rap was added to sections of the creek along the pedway in Valley Park
to control erosion.
• Lawn areas were aerated in all neighborhood parks: Ivy, Wentworth,
Valley, Victoria Highlands, Marie, Roger's Lake, Friendly Hills and Hagstrom-
King.
TB:kkb
r �
AC'f�VI�fY REPOR7 - MENL�OTA HGTS PARKS
Reportirig Period: 08/01/95 to
INCIDENTS-
DATE TIME LOCATION
U�3/03/95 14 = �1 VRLL�1�' �'A�K
DESCRIATION� SUSPICIOUS-UNOCCUF�IED \�EHICLE
C�AT� TIME LOCAiION
08/03/��5 3�� 0 V�ALLEY PARK
DESC�CIPTION: SUS�'ICIOUS-NOISE
DATE TIME LOCATION
J8/08/95 :1b WENTWORTH PA�K
DESCRIPTTON= SUSPICIOU5-UNOCCUPIEU VEHICLE
DA7E TIME LOCATION
--__ ____ ________
�8/12/95 23�58 MENDOTA PARK
DESCRIPTIUN: ANIMAL-DOG
DA7E TIM� L,OCA7ION
�8/18/95 23�50 IVY HILL PARK .
DESCRIPTION: LIC�UUR-PRONIBITED ACTS
DATE TIME LOCATION
�8/18/95 23:50 IVY HILL PARK
QESCRIPTIOIV� LIQUOR-PROHI8ITED ACTS
DATE TIME LOCATION
�8/18/95 23=50 IVY HILL pARK
DESCRIPTION: LIQUOR-PROHIBITED ACTS
DATE TIME LOCATION
�8. �/95 14:39 FRIENDLY HILL5 PARK
DESCRIPTION� SUSPICIOUS-PERSON
�8/31/95
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
, � 5845 Blaine Avenue
Inver Grove Heights, Minnesota 55076-1401
612/450-9891 FAX 612/450-9429 TDD 612/552-9675
1/ U ! : : \ 1 U
TO: City Mayors and Administrators/Clerks:
- Inver Grove Heights
- Lilvdale
- Mendota
- Mendota Heights ✓
- South St. Paul
- Sunfish Lake
- West St. Paul
FROM: Jodie Miller, Executive Director
DATE: 31 August 1995
RE: NDC4 MEETING M�l�TUTES & AGENDA
Enclosed are copies of the UNAPPROVF.D minutes from the August 2nd NDC4
Commission meeting. Please distribute copies of these minutes to your city counc:
members.
Also enclosed is a copy of the Agenda for the next full Commission meeting on
Wednesday, September 6, 1995.
Please feel free to contact me at 450-9891 with questions or comments regarding
cable issues.
Bncs.
Y
.. - � . , f -. �
�
Northern Dakota County Cable Communications Commission
FULL COMMISSION MEETING .
Wednesday, September 6,1995 - 7:00 p.m.
Studio A
5845 Blaine Avenue
Inver Grove Heights, MN 55076 �
NDC4 meetings are televised LIYE on NDC Cliannel I8
_ Vewers.may call 451-7834 with citizen comments
MEETING AGENDA
. .' � . ' . . . �E.• - . INFORMATION - DLCUSSION : _�,:: �rj = � .
' 1 ` . _ . . \ . r .l � t ..Y ". . � .� . .i . ':,t'.� ,.w . a.>a.�.. , . .- .. ; •. - . � r ' . . � .
. . 1. A TO O /P ,D TF. ` �:00 . . - � � • " � " ' . ` X
, . � 2. �ADOPT AGENDA 'n �t; - :.�.,�. .: 7:05. �: , � , . . .�: ,.�. ' . . X .
; , . ' : �, , = ; . . ' . ',. :_�, ` _ ' . ; • .
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�:�. _ . 1 , . .
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, ,' : , . . � B) APPcove List �of Claims 8/3/95 9/6/95 � _,,� �� : ::r-:, ��,-'• . _ ' �;. �, .. . � s : - . . � ti _; 4 ..
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r .---�r �
Northern Dakota County Cab1e Communications Com
Full Commissian Meeting
August 2,1995
1. Caii to Or ,r/P(edae. The August 2, 1995 NDC4 meeting was calied to order
� Tourville at 7:00 p.m. The Pledge of Allegiance was recited.
Members Present; Henry Hovey, John Huber, Jodeile Ista, Laurence Jung, J�
John O'Brien (7:05 p,m.), Paul Pieper (7:23 p.m.), Mike Sokol, James Sullivar
Tourville, and Richazd �telli {7:10 p.m.}. Members Absent: Aivin Boelter, L
Collins, and James Levy. Qthers Present: Brian Grogan (NDC41ega1 caunsel
Curtin and Jc�die 11�ller (sta�i}.
2. A�r o�t Qgenda - Motion 8-2-95-1 to adopt the Agenda as presented was made
Sokoi, seconded by 3. Ista, and unanimausly carried.
.i -� �.-�.;
A) Approve Minutes: The July 13, 1995 NDC4 minutes were presented
h�vtion 8:2-95-2 ta approve the 3uty 13, I995 fuil Commissian meeting mi�
made by H. Hovey,�seconded by J. Ista, and unanimously carried.
Bj Approve E.ist of Claims: The List ofClaims for 7/14/95 - 8f2/95 was �
approval. 1�otion�8-2-�5-_3_ to approve the List ofClaims for 7/13195 - 8/2195
by J. Huber, seconded by H. Hovey, and carried,
ion
Chair
tn Lagoo,
George
and Joy
�
was
ited for
made
4. NDCN Update - J. Miller distributed a report showing NDCTV Praduction Se �'ces
revenues to date, She noted that revenues are better than budgeted. M. Sokot
�commended NT:ICTV for their achievement in exceeding the NDC4 directive to make up
for grant cuts which resulted from its own budget cuts. Otl�er Commissioners greed.
NDCTV has revised language in their Palicies that wiil make the process for ap�eal by
access users who have lost their privileges fit on a timely basis with the establis ed
NDC.4 Commission Meeting
Auguf Z, �995
a
t
Unapproved
NDCTV meeting schedule. According to the NDC�f��tDCTV Agreement, any changes ta
the Policies must also be approved by NDC4. J. OBrien noted that the proposed change
does not put cic�sure on tbe user's agpeai process and reconunended a ctanfication in that
area. Discussian fallowed. Staffwas directed ta return the document to the NDCTV
Board afDirectors with a request to address NDC�'s concerns to reword the portion
pertaining to the user's ability ta request a delay in the appeal process.
The Operations Committee will hold its first meeting with Decision Resources, Ltd, on �
Monday August 24th at 6:00 p.m. in the Ganference Room to discuss #he viewer survey.
Any Commissioner interested in providing input on the survey is welcome to attend or to
cantact Committee Chair, L'rz Witt ar J. M'iller with their camments. �
'� •�t�i-� _
, . , , � , .� �... .. _.. . . . . . .. ., �, ----
No �citizen'comments�were received.
6. �ontinentaN Re� - J.11�.iiller reported that the work session that was scheduled with
. Continental representatives to discuss their request for an extension to the Franchise was
rescheduled and will take place on Wednesday, August 23. Staff recommended the
Executive Gommittee plan to meet after tllat date to discuss the autcame af tire work
session and formulate a recommendation upon which NDC4 can act at its September
meeting. Idea�ly, the recommendahon should be prepared iit time to niail out in the NDC4
September meeting packet. It was agreed by Executive Committee members present to
meet on Tuesday, August 29th at 4:30 p.m. pending the pragress inade at the work
session. ` �
The phone log maintained by staffof incoming calls pertaining to cable matters was�briefly
reviewed, J.11�ller noted that the e�remely high number of caiis in 3une occcirred during
the cable outage.
Executive Director: J. Nfiller reparted that staffplans to roil out the premier episode
of the Insi,ght 71oca1 magazine show on Tuesday, September 5. A live "Premier Party"
will begin at 6:30 p.m. from the studio, and the show will run at 7.00 p.m. The show is
scheduled to play every Tuesday. Discussion followed and it was generally agreed that
7:00 p.m. would be the best time to piay the show, although it will replay at other ti.mes as
well including preceding Inver Grove Heights Gity Councii meetings.
The Votunteer Appreciation Picnic will take ptace on Thursday, August 17th at Rogers
Lake Park in Mendota Heights. Invitations have been extended to Commissioners, as well
as others who have votunteered time and effort aver the past year. � �
Page - 2
r
NOC4 Commission Meeting
Augut 2, 1995
Telecommunications bill H.R 1555 is now scheduled to be voted on August 3
Commissioners still have a little time to contact Congressional Representative.
Vento and offer an opinion. B. Grogan explained that because of a proposed c
the bill that will allow Regional Bell operators the ability to provide long-dista�
sooner than originally anticipated, the interchange carriers are opposed to the 1
masse. Minnesota telco reform legislation is now in effect which allows all co�
including cable and telephone service providers, to provide all types of service;
outside of their service areas. The likely scenario, however, will be that these �
will wait to see what happens .on a federal level regarding legislation before mE
changes. J. Miller noted that the City of Lilydale passed and sent a resolution �
Congressional Representatives similar to the one recently sent by NDC4.
NDC4 may expect to receive a new �roposal�frorri HealthEast regarding the p;
which the NDCTV facility is located before the end of August. Brief �discussi<
and Chair Tourville answererl questions regarding the progress of the HoMart
development and HealthEast proposal.
J.1Vfiller announced that some Twin Cities cable commissions are discussing a
telecommunications ordinance with tlieir member cities that will establish citie;
to pernut new users of munieipal rights of way and receive compensation for c
incurred by cities for such use. Model ordinances have been reviewed by the :
Rate Authority, the League of Minnesota Cities, and a number of Twin Cities
commissions and their attomeys. It is advised that cities pass uniform ordinan�
be treated consistently throughout the State of Minnesota as future legislation
considered. Brief discussion took place and staffwas directed to obtain a cop;
ordinance lieing considered by the City of West St. Paul in this regard. Staffv
to organize a meeting with the NDC member cities to discuss this issue.
so
Luther and
hange in
ce service
ill en
inside or
�y
�erry on
followed
authority
that can
'the '
directed
The Annual NATOA Conference will take place on September 20 - 23 in Albu�uerque.
The budget will allow sending one person. It's likely that NDCTV can pay for portion of
the Conference expenses. 1�fodon 8-2-95-4 to approve spending up to $1,000 o send the
Executive Director to the NATOA Conference in Albuquerque was made by J. goo,
seconded by J. Huber, and unanimously carried.
8. Legal Counsel RepOrt: Matters pertaining to federal and state legislation were
discussed under Point 7. Staff Report.
9. Unfinished Business: Chair Tourville answered specific questions regazding
negotiations between the City of Inver Grove Heights and HealthEast.
10. New Business: No new business was brought up for discussion.
Page - 3
status of
NDC4 Commission Meeting
Augru# 2, 1985
Unappraved
11. Adio�mment; ,�otian 8-2-95-5 to adjourn the meeting was made by J. Huber and
seconded by H. Havey. The meeting was adjaumed.
Respectfulty submitted,
Joy A. Curtin
NDC4 Administrative Assistant , -
and Recarding Secretary
m
Page - 4
�
a • ' Z
a
� .r
CITY OF MENDOTA HEIGHTS
TREASURER'S REPORT� AUGUST 1995
DAKOTA. INC.
Checking Account 1.05%
Savings Account 2.15%
C.D. Rep. 3.00%
Collateral - Bonds
Gov't. Guar.
CHEROKEE STATE BANK
Saving Cert. 8/22/95 @ 3.60%
Collateral - Bonds
Gov't. Guar.
FHLMC 7.23% 12/97 FBS 6.40%
FNMA 6.3% 12/97-95 FBS 5.95%
FHL Mtg. Pool 8% (PRU)
FMLC 7% Mtg. Pool (PRU) PAC
FMLC 6 1/4% Mtg. Pool (PRU)
FNMA 6% Pooi (PRU)
FHLMC 6% Pool @ 101.4375 (PRU)
FNMA (1994 Pool) 6 1/2% (PRU)
U.S. Treasury Money Mkt. (FBS)
Gov't. Securities Fund
Zero Cpn T.Bds 7.9% - 2011 (J&M)
TOTAL FUNDS AVAILABLE
Funds Available 12/31/94
Funds Available 8/31/94
Rates Money Market
Aug 30 Bank 3.00%
Aug 30 FBS 5.58%
LES:kkb
BALANCE
$339,725.44
$584.68
0.00
$340,310.12
$500,000.00
$100,000.00
$13,952.59
$13,952.59
$500,000.00
$100,000.00
$500,008.00
$500,008.00
$236,502.36
$505,000.00
$418,350.79
$503,180.34
$269,907.06
$263,522.30
$475,629:04
$1,002,470.00
$197,530.00
$5,226,370.60
$7,840,461.20
$5,268,659.63
$1,
$2,
��� ��
��� ��
i5,000.00
i8,000.00
i3,000.00
34,000.00
10,000.00
35,000.00
To:
Fmm:
Subject:
CITY OF MENDOTA HEIGHTS
�� �
Septem 14, 1995
s
Mayor, City Council and City Admini
Kevin Batchelder, Administrative Assist�i��
1996 Funding Application for Community Landfill Abatement
On October 1, 1995, the annual Funding Application for Mendota Heights' 199i
Program is due at Dakota County. Dakota County Laadfill Abatement funding is
communities on a performance basis and in accordance with Dakota County's
Reimbursement Schedule. I have enclosed our proposed fuading application which
Council endorsement by resolution to proceed to the County Board for approval.
DISCUSSION
We are requesting the maximum fuading amount available to the City of Men�
in 1996. The amount we are allotted is $11,769, which includes $576 for Innova�
which is new for 1996. This funding represents an increase from the 1995 amount
The 1996 amount is based a funding formula of $1.57 per household,' based on 199
estimates, with a$5,0(}0 base amount for each community. The Metropolitan Co�
household estimate for Mendota Heights is 3,839 households. There will be no carryc
funds.
1996 represents the second year of a three year fundi.ng cycle for comn
abatement assistance from Dakota County. There are some additional requirements
to be met in 1996, however, this is still the same performance based funding prog
years. Dakota County still assumes the major responsibilities for the adminis
recycling program including the responsibilities of reimbursing garbage haulers
services, conducting pmmotional and educational campaigns and
commerciaUindustrial recycling. .
The County will continue to fuad administrative costs for salaries and
promotional costs for the printing and distribution of one required city-wide brochw
plan goals that we have outli.ned reflects the increased requirements of the 1996
goals, including additional community presentations (7 minimum), a paper fiber re
continuation of in-house waste reduction/procurement policies, attendance at a w�
seminar for commerciaUindustrial recycling, and providing a written update on w�
efForts.
� Recycling
�vailable to
Maximum
needs City
�ta Heights
�n Projects
F $10,895.
household
�cil's 1994
�r of 1995
.y �afiu
will need
as in past
on of the
recycling
eage, and
The work
ing flyer,
reduction
reduction
Other work plaa goals include the annual community clean up event, participation on the
Dakota County Public Education Team (PE1�, attendance at monthly local solid waste group
meetings, a community wide brochure, a compost ordinance, and general promotion and education
activities for recycling and waste reduction.
Our � focus in 1996 will continue to emphasize increased recycling activities for both
businesses aad residences through promotion and educational activities. The program will
continue to include curbside recycling, multi-family recycling and the City Hall, Fire Hall, and
Public Works garage in-house programs. The City of Mendota Heights also promotes County
drop off facilities such as the Household Hazardous Waste Dmp Off Facility at Gopher Smelting
in Eagan and the Empire/SMC Compost yard waste drop off facility, also in Eagan.
Please note that the 1995 pmgram includes adding residential mixed paper (junk mail) to
the required materials for the curbside pmgram by December 1, 1995. This new material will
help Mendota. Heights residents increase their recycling activities and will add to our waste
abatement goals. It is a required additional material under the 1995 program. We will be
announcing this program in the near future.
New in the program for 1996 is the Innovation Projects funding, an amount of $576. I
have requested this money in the hopes that we can work with the School District. A program
has not yet been defined but an eligible cost would be recycling containers for schools, possibly
canvas totes for elementary students similar to our SMART Shopping bags.
The majority of the recycling budg� is a in,ctrat;ve costs for salaries and mileage to pay
for the administrative assistant's time in recycling activities. Other expenditures are printing,
postage and the annual cleaa-up event. The funding application I am proposing will cover the
maintenance aad monitoring of our on-going recycling pmgram and will allow us to meet the
County's increased requirements and waste abatement goals.
ACTION REQUIRED
Review the pmposed 1996 Community Landfill Abatement Funding Application and, if
Council so desires, pass a motion approving Resolution No. 95- , A RESOLUTION
Sffi�NG FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF COMMUIVITY
LANDFILL ABATIIVIENT PROGRAM.
Y
CITY OF MENDOTA HEIGBTS
Dakota County, Minnesota
RES4LUTION NQ. 95-
A I��ESQLUTION SEEKING F'UNDING FR4M DAKUTA CQUN'1'Y
CON1'INXJATION OF COMMUIVITY LANDFII.L ABATEMF..NT PRO
WBEREAS, the Minnesata 5tate Legislature 1�as mandated that commu "ties in the
metrapolitan area must implement recycling programs in order to reduce the volu e af waste
being taken for burial. in landfills; and
�EREAS, Dakota. Coanty has adopted a solid waste master plan which s goals and
targets fvr ihe accomplishment of salid waste recycling goals in each community in the caunty;
and
WBEREAS, Dakota County provides the local comrmunities with g�rant �unding far
implementation and maintenance of local cammunity recycling pmgrams; and �
WHEREAS, The City of Mendoia Heights has participated faithfully and successfully in
the Community Landfill Abatement Progra.m in 19$9, 1990, 1991, 1992, 1993, �99�4 and 1995
and will cantinue to pazticipate in 1996. �
NOW TSEREFORE BE IT RESOLVED by the City Council af the City f Mendota
Iieights tl�at the City Council does hereby tcansmit the attached 1996 funding applicati n, seeking
funds in the amaunt of $11,769 for solid waste abatement in 1996. � �
Adopted by the City Council of the City of Mendota Heights this 19th day of
1995.
Kathleen M. Swanson, City Clerk
f t
• - i:� �r • �
By
Charles E. Mertensotto, Mayor
v
City/Township:
Address:
ATTACHMENT A
1996 COMMUNITY LANDFILL ABATEMENT FUNDING APPLICATION
Mendota Heights
1101 Victoria Curve
Date Submitted:
P�ogram Period:
Mendota Heights, MN 55118
September 19, 1995
1 /1 /96 to 12/31 I96
!f this is a multi-community project, please list ail participating communities and the lead
community or agency for the project, and attach a copy of the Joint Powers Agreement.
The City of Mendota Heights operates an individual Solid Waste Abatement Program
under a Joint Powers Agreeinent with Dakota County. However, Mendota Heights
works cooperatively with neighboring cities on various promotional, educational
and collection efforts.
I1. Please �rovide a brief overview of 1996 abatement activities; indicated whether these are a�
.. continuation of existing programs expansion of existing .programs; or new programs: (If more��
space is needed use exfra sheet.) .
Promote increased recycling efforts in.existing curbside recycling program;,and
multi-family program through promotional and education activities.
Assist funding a full time staff person, 25 percent of whose time will be devoted
to recycling and solid waste abatement activity.
Promote waste reduction efforts in residential, co�anercial, and industrial solid
waste abatement programs.
Pro�notional and educational activities to enhance papex fiber recycling.
Continue in-house City Hall, Fire Hall and Public Works Garage recycling of
office paper, newspaper, magazines and aluminum cans.
Coordinate conmercial/i.ndustrial recycling with Dakota County to provide
technical and educational liaison assi�tance to businesses.
Participate in Dakota County's Public Fduca.tion Team (PET).
Host our Second Annual Community Clean Up Day.
Continue in-house waste reduction efforts that support City approved
waste reduction/recycling policy.
Participate in local solid waste staff group meetings and workshops.
7
�
I!!, � Complete.the follawing seciion for a!I applicable activities, whether a
e�ansion of exisiing ac#ivities or new activi#ies foc 9 996, �
:
�
�
Curbside Collection of Recyclables:
'i. Number of households to be served: 4,000 .
2. Frequency of collection: weekly X bi weekly other
3. Number of Residen#ial Recycling Haulers: r"-ri� ���i��� �'� s)
4. Maieriais coliected (mark aif tha# appiy}: �
newspaper X mixed paper ha�ers faod cans x
beverage cans X glass X piastics X
used oil x magazines x corrugate- x ��
other (specify}
5. �, E�ec#ed abatement.from curbside: �.,44� tons.
Drop off Center for Recyclable Maierials: .
1. For each drop-off center please provide: � � •
. a. Operator. Goodwi].1 Easter seal
Address: 1425 Sauth Robert Street
. DaysJHours of Operation: M°n. - Fri. s:oo A.M. to $.00 .M.
Saturday 9:00 A.M. to 5.00 .M.
Materials Collected: clo�.hing and ho.usehold items
b. 4perator:
Address:
Days/Hours of Operation:
Materia(s Co(lected;
2. E�ected abatement from Drop Offs: ��� tons.
8
�
�
C. Multi Family Recycling
1. Total number of units served: 3��
2. Total number of buildings served: four c�rttplexes with seven ( 7) buildings,
3. Frequency of coUection/collection method{s) used (descriptian�:
Weekly collection. Hauler provides cantain�.rs.
4. Materials collected (mark ali that apply):
newspaper x mixed paper some food cans x
beverage cans x glass x plastics x
magazines X cardboard x � used ail -
other (specify)
5. Expected abatement from multi family units: 105 tons.
D. Yard Waste Program
1, Please provide a brief description of the community's cole in yard was#e collection. -
, Publicize back yard compo�ting. Fromo�e County drop off loca.tions.
Participate in sesLsible lawn care program.
�
2. Drop off: (Complete #he following only if this �is a community ownedloperated yard
wasie coilection siie}. ,
ft�
Fees:
3. Expected yard waste abatement in 1996.
(curbside/drop of�: 4�� tons.
��
E: Desccibe any independent cammerciallindustrial recycling�activities you will . nder#ake. in 1996 �
(this is not a required program). .
Provide technzcalleduca�.ional assistance in caoperation with Dakota unty. Frovide
desk�op o�fice paper cantainers �or any Mendota Heights businesses.
F. Describe your communities �ublic educationlpromotional activities that wilf b under�aken� in� �
1996.
- residential: a minimum of one written communications must be sent t each household
in 'f 9�6.
Ci:ty raide brochure announcing cce�nunity clean up day, describing resi� tial recycling
programl drop off opportunities and pro�noting waste reductian techni es.
C�ine page of every newsletter, published quarterly, will be devoted ta recycling.
��
�
H.
- community presentations: a minimum of 7 presentations must be mad in 1996.
Provide a minimum af seven presentations to carnmunity groups inc].udin ISD #19'7
�chools, private schools, business or civic organizations and othc�x 'ty groups.
- commercial�ndustrial: attend one waste management assistance.visit
County st�ff, or attend flne commercial waste reduc#ionlrecyc�ing semi�
businesses at#ending are in your community. , .�
Attend one wasfie ma7nagement assistance visits with Dakota C�aunty staf.
reduction/recycling sem:i.nar.
Describe yaur community's in-house recycling program and ya.ur�community's
procurement program. � '
City Hall has desktop paper recycling program with 100 percent partic:
employees. Aluminum cans, me�tal. cans, newspaper, glass and magazines
available in a].1 municipa]. buildings. Beverage can recycling availab:
�oTyci i�es over 5,000 popu(afion, describe your community's wasie reducfion
your community's procurement policies make use of�materials made from re
Ciiies and #ownships with popui�tions less than 5,000 are not �e,q�1uir� 9c�4espo�n
Waste reduction/recycling policy adopted by Ci�y Counci
designed and impl�nted strategies inc2uc'L�.ng procurement of recycled
reduction techna.ques and reuse practices.
I. 1996 tnnovation Projeci Funding Describe your commUnity's proposed use c
Project Funding amount. Eligible expendi#ures are listed in Section C. !nn
tpg. 3}.
Passible joint City/Schaal District-�pragram.
�
10
�nducted by
r if fhe :
and one waste
r
atian by �
ecycling
in all
fforts and how.
�cled products.
to #his sec�ion.
oyee car�uttee
aper, waste
1996 Speclal
tV. Work Ptan (Attach if necessary).
Dakota Caunty wi(i disiribute any approved funding in two equai paymenis� pravidec.
communifies meet specified deve(opment objec#ives. Please provide a work ptan for '199fi and
hightight the objectives to be met by #he fotiowing dafes: '
o June 15
Three cammunity presentations.
Annual communi.ty clean-up.
�
�
m
a Decembef 31 �
PET Participa.tion.
A min:imum of faur c7orcinuriity pres�ntations.
Une c�mnulity wi.de brochure with paper fiber recycling insert.
Maintain paper fibex recycling imple,m�nta�ion.
Continue employee conm�.ttee ta monitor and enhance in-house waste
reduction/recycling policy.
Attend locai soiid was�e staff group meeta.ngs,
Attend ca�mexcial waste manageme.nt seminar.
Writt�en update on waste reductian ef£orts as part of annual repart.
Revisit Gity ordinance requiring waste collection service far all residences.
Consider compost ordinance.
11
V• Budget
January l, 1996 to December 31, 1996
County Community
Share -Share
Administrative Costs: ' . .
Direct Salaries 8�073 3, 597
Direct Mileage �
Direct Membership/Training
& Subscriptions �
Consultant Services
and/or Temporary Help
Software
Other •
?romotional Education:
Printing. Costs 2, 000
�istribution Costs 900
Advertisements •• .
videos/Billboards
'rromotional Items
Special Events (Display�, �. _.
Performance fees, Etc.) •� � '
Other ConEnunity Clean Up
:nnovation Projects:
�lease List Below �
Joint City/School Distric Project ���
TOTAL
.equested f�om County*'� :
11�7tiA '�
$ 11,769
1,300
11
4,897 16
• �,
57
* Unexpended 1996 funds may not be carried over to 1997.
** Request may not exceed that amount shown on the MaximuYn
Reimbursement Schedule (including Innovation Funding) -
Attachment D.
12
�
�
CITY OF MENDOTA HEtGHTS
�
September 11, 1995
Nlayor, City Council and Ci�ty Adminis r
Paul R. Berg, Cade En#orcemen# Officer ���
SUBJECT: CAO 95-04: Modifed Site P1an Review foc 13 55 Kingsley
l :•�_ •l
Mr. Timothy A. Stovern, of Hybrid Enterprises, Inc., has submitted
Modified Site Plan appiication, building permit application and assaciated
for Gity Councii review and approval. Mr. Stovern is proposing to build a
room for Mr. and Mrs. Rutstein, owners of 1155 Kingsley Court.
M w � �
The sun room will be supported by a perimeter footing and a frost
faundation with a crawl space. The sun room is proposed to be ten feet
deep by fifteen feet, three inches (15'3") wide which will contain 152.5
feet. This proposed construction wi#1 fit entirety on the Rutstein's proper
City Council should note that Kingsley Estates was approved under a Pla
Development process which allows the buitding to be as targe as the lot.
Rutstein's have received appraval for the praposed addition from the Kirn
Estates Owner's Associa#ion {see attached approval dacumentsj.
Staff has reviewed the topography adjacent ta the proposed sun r�
addition and finds that the land is very flat and will not be within forty fs
any slope farty percent t40°lo) or greater. The bluff line is north o# the a
Lexington Court plat in Lilydale and the bluff line is in excess of three hu
(300') to the west of the Rutstein property.
: •uu � �= •►
I recommend that the City Council grant approval of the request C�
Area Ocdinance Modified Site Plan and waiving of the application fee.
a CAO
sun
1 Q' �
quare
y. The
ned Unit
The
(40' ) of
cal
feet
If City Council wishes to implement the above recommendation, a motion
should be passed approving the Critical Area Ordinance Modified Site Plan which
R. would allow the construction of a sun room at 1155 Kingsley Court, along with
waiver of the $100 Critical Area Modified Site Plan fee.
PRB:kkb
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���,�,�jj 1Viendota 1155 KINGSLEY COURT
Heights -
1101 VICTORIA CURVE • MENDOTA HEIGHT5, M(� 55118 (612) 452-1850
SEPT
1995
'�s Certificate was acknowledged before me this oti./�aa,� of` ,��
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KINGSLEY LSTATES OWNERS ASSOCIATION
ARCHITECTURAL/LANDSCAPE ALTERATION
RE4UEST AND APPRVVAL F�RM
Ail architectural and landscape alterations must �: �:� accordance
with and be complimsntary to the Master Landscape Plar� ^.r-�d be
approved by Kingsley Es�tates Ut,►nners Association Arch��'_.j�c:�•Fural
Committee.
Uate : o� �
Occupant: l-�(}f20� � ��'�<�TT� �V-�Si'��"
Address: �1�5 �'G�tJC,'��t� i� �v2T
Home Phone : �i-�"�- — 1 ygv Work Pnone :, � u� ���"f
Homeowner: ��-A,/Z�(..d �b- t��-��-✓�7L �"" `S��
Address:
Home Phone:
Work Fhone:
Description and reason for proposed alteration:
Proposed work schedule and completion date:
Work will be done by : QSelf �utside Contractor
check onc� Contractor's Name: ` �.,'�� b��d,��
Address: i �
Phone : °��_�D � �, t
Please submit a copy of p�ans, if applicable, with this form to: ..
Keller Management Company
3470 Washington Drive
Suite 116
Eagan, MN 55112
meowner's Signatu
�•�'�� ,
�Approved QUenied for� the
L Occ�t's ignature (if not
� ` G�rrXl ho owner) �
foliov�ring reason:
�
��� Kin s y Es
�/� �
Uwners r"� . e�ponsibie for compliance t�vith all Mendota Heights
Case No. CAO `'
CITY OF M ENDOTA HEIGHTS
Dakota County, M innesota
I APPLICATION FOR CONSIDERATION
OF
' CRITICAL AREA DE VELOPMENT (Ordinance N0. 403)
Date of Application
Fee Paid
! Receipt Number
' Applicant: /
� S/Or>�/l� � � �
� Name : /
Last First
, Address: �%��7 `,/�/�n�p� p� . �
' Number & Street City
Phone :�7G'� /�(
Home
� Owner : . tll�/t��/aJ
Name : ��ZD�
Last First
Address : �� ,�S /� I��SL.�jj 7 (�',�(%
Number & Street City
Street Location of Property in Question:
, �/ .�S �`I�C� ��� i ['Or��1 T
, �
Legal Description of Property:
; ,��- � 3��1 � ��=�sz �
Type of Request :
i
�
Wor
� v
Initial
�'%1�z',
State Zip Code
Initial
' - - �� _ '� .vw /
State
Variance
Site Plan Approval
-� , ..
Modif�ed Site Plan Appro
val
Code
,
r
Present Zoning of Property: ��� � Q��l�
Present Use of Property: `?57��,�/�
Proposed IIse of Property: �j���,
I hereby declare that all statements made in this reque and on the additional
m«terial are true.
ignature of Applicant
Dat��/��
�
Received by (title)
Note: The following information shall be provided in the site plan:
� 1. Location of the property, including such information as the name
and numbers of adjoining roads, railroads, existing subdivisions,
or other landmarks.
� 2. The name and address of the owner(s) or developer(s), the section,
township, range, north point, date, and scale of drawings, and
number of sheets. .
3. Existing topography as indicated on a contour map having a contour
interval no greater than tw�o (2) feet per contour; the contour map
shall also clearly delineate any bluff line, all streams, incTuding
intermittent streams and swales, rivers, water bodies, and wetlands
located on the site.
4. A plan delineating the existing drainage of the water setting forth
in which direction the volume, and at what rate the storm water is
conveyed from the site in setting forth those areas on the site where
sto� water collects and is gradually percolated into the ground or
slowly re�.eased to stream or lake.
5. A description of the soils on the site including a map indicating soil
types by areas to be disturbed as well as a soil report containing
information on the suitability of the soils for the type of development
proposed and for the type of sewage disposal proposed and describing
any remedial steps to be taken by the developer to render the soils
suitable. All areas proposed for grading shall be identified by
soil type, both as to soil type of existing top soil and soil type
of the new contour. The location and extent of any erosion areas
shall be included in the soils description.
6. A description of the flora and fauna, which occupy the site or are
occasionally found thereon, setting forth with detail those areas
where unique plant or animal species may be found on the site.
_ 'i �
,
7. A description of any features, bui].clings, or areas which �re of
historic significance.
8. A map i.ndicating proposec3 finished grading shown at conta�rs a�.
the same interva].s praposed above ar as required to c].ear y
indicate the rel.ationship of propased changes.to exis�ing tapo-
graphy and remaining features.
9, A 1.andscape plan drawn to an appropriate scal.e including i.mensions,
distance, location, �ype, size, and descripta.on of all ex sting
vegetatian, cleazly I.ocating and de�cribing any vegetatio proposed
for remaval and all proposed landsaape materials which wi 1 be added
to this site as part of the development.
1Q. A proposed dzairzage p3.an of the developed si�e delineatin
direction, volume, and at what rate storm water will be c
from the site and set�ing forth the areas of the site whe
water will be allowed ta collect and graduaily percolate
soil, or be slow].y re].eased to stream or la}ce. The glan
set forth hydraulic capacity o� all structures to be cons
existing stzuctuares to be utilized, including volume ar h
and design storms.
in whieh
storm
o the
11 also
cted or
ing ponds
31. An erosion and sedimentata.an controZ pZan indicating the t pe, Iacation,
and necessary technical information on aantrcal measures to be taken
both during and after construction including a statement e pressing the
calaulated anticipated gross soil 2oss expresse8 in tons%a res/year
both during and after construction.
12.
13.
The propased size, alignment, heigh�, and intended use of
to be erected or located on the site.
A clear delineation of all areas which shall be paved ar
incl.uding a descra.ption o� the surfacing material to be
14. A deseriptian af the methad to be provided for vehicular
access to the praposed development and public access to t
public river view'opportuna.tias bath before and after dev
desaription of the developznent's impact on existing views
the river. '
15. A description of all parking facilities to be provic3ed as
development of the site inaluding a.n: analysis of parking
generatecl by the propased develapment.
16. A delineation of the area ar areas �o be dedicated for
17. A delineation of the ].ocation and amounts of excavated
stored an the site during'construetian.
18. Any other infarma�ion pertinent to �hat particular project
the opina.on of the inspector ar applicant i.s necessary or
the review o� the project.
structures
pedestrian
river and/or
pment; a
and along
t of the
s
use.
ta be
ich in
pful for
LIST OF CONTRACTORS TO BE APPROVED BY CITY
- . -_�� T���f��F�
As�halt Contractor License
Plehal Blacktopping Inc.
Excavating Contractor License
Revitt Excavating Inc.
Geaeral Contractor License •
Don W. Fitzsimonds
Mason's Siding Poducts, Inc.
Omni Contracting Inc.
SVAC Contractor Licease
Gartner Refrigeration & Mfg. Inc.
�ywall Contractors License
Z & J Drywall Inc.
Zimmerman Stucco & Plaster Inc.
0
m
September 19, 1995
' 2sOs ltagor aettd �=ttg CoanciZ
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. • � � � �
. . . � . . � � ' • ; Totm1•C2a�s 2$/,133
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`��` ` '��" � . =�' .,� - � ;; � � •' Hughes & Costel 1a attorney fees 3,164
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Y�:-".'�. t:?� ::�?'� :_�,;;• �.' • ,
.�;Kx:r;:�:��:<~ :>:'mr�: _. ..�:,'-'-:�';='�;;' ` Liiydale • storm sewer 20,16U
::�. �`;• . . .k::.�. t .�:.
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;�.� .;S':. �;t;;:_r;�.;� ,�� ,�_`,;'= �_-,:'';' `t,:r� Im erial Ueveii er.s Ind Park Siorm Sewer 21 859
=.+'' �" , x . �.�i.;a::�::: ..�.� = � �;.. , . , < P F
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�. Ityan Contractipg � Mendota Meadows 5,320
• ,� � � Vaitey Paving ' Friendly Hitls� 134,666
,., ;1,,� . . ,;s�:;tX'° - �f;+�. ,;c. . .•::.
'1:��:t;::':y �4"i��:✓,�;�i ,^.` .";�. - �7..,,
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9/19/95 ��p� iU-���� Dept 5�-Roads �
� .5 Sep 1995 Claims �ist 15-Engr 6�-Ut�lif@5 ��4e 1
Fri 1:30 PM City of Mendata Heights pti_pQ�ice 7v-Parks •
30-Fire 8�-Pianning e`
(� Temp Cherk iVumber 1 40-CEU 85-Recycling '
�.���. 9Q-Animai Contro] ' *
� Check ("
Number Vendor Name pccount Code ' Comments Arnount
� 1 A� C Rentals ' 01-42�l0-610-70 eq rent 76.60 `(:'
1 76.60
� Tatals 'Fernp CSeck Number 1 �
Temp Checic Number 2
t...i �.
2 A T& T Wireless Sves Q+i-4210-Q�2Q�-c0 sept svc 15. S7
2 A T& T Wireiess Svcs 01-42i0-@30-30 sept svc $.3�C
(`} - ----- �
4 ^c4. $9
Totals Temp Ctieck i�lumber � '
� �
Temp Cfieck Nurober 3
� 3 Albirrson Q5-430S-iQ5-i5 splys i60.86 �
' 3 16Q�. 86
� 'Catais iemp Check lVumher 3 (�
Temp Check Number 4
Q 4 Badger Spart3ng C'�oads 01-4305-070--70 splys 214.30 �
� 4 • - 8i4.30 * �
Total� Temp Cheak tUumber 4 . .
, i
� Temp Check rlumber 5 �
5 Herkeley Adm @1-4330-490-50 re 3/7 claim , 50@.@Qt •
_) � ------ (�
50iB. ¢�0
' Tota15 Temp Check Number 5
� Temp Check Aiumber . 6 • ' . �
� 6 8�tteries P1us 01--4305-020-20 splys 16.78 (�
Es i 6, 78
� Tatal� Temp Check Number • 6 �
T�mp Check Number 'i
� 7 Biffs Tnc 02-4�00-61@--?Q� sept rer�t 5�� 66 �
� � 519. 86 ' �
Tatals Temp Check Atumber 7 ,
� Temp Check NumDer 8 � • � ' �
8 Baland Bras 01-4335-315-30 aug svc 244.95
] - � ------ �
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(� iS Sep 1995 Claims List p�ge � �
Fri fs30 PM City of Mendata Heights
� Temp Check Number 8 ' �
Temp. �
� Check " �•
Number Vendor Name Account Code Comments Rrnaunt
8 �-
244. 95
7otals Temp Check Number 8
�} Ternp Gheck Num�er � �
9 Burnsvi.11e LumDer P�5-43d5-105-1� spiys 142.7i
i� - ----__ ^
.. 9 . .
142. 7i
Totals Temp Check Nurnber 9
t"t r-
��� Temp Check Number 1� s''
.
� Isd Cedar Valley Htg @1-3c53 rfd per�m fee fi2.50 {"}
10 61. 5@
(� Tatais Temp Gheck Number� fQ�
�
• Temp Check Nurober 11
� 11 City aF Lilydale 29-4460-0@0-010 re lilydale starmwater 20�159.85 �
ii � � �
� Tatal� Temp Chec{c Number ii . �� SJ����
� Temp Check Number 12 � , . _ , �
12 Contact Mobile Cammuni.catians 01-4330-460-30� ' . rprs 45.00 � .
� 12 Cantaci Mobile Cammuni,catiarrs 01-4330--460-30 ' rprs q5.@0 �
. Ic� CanLac� Mabils Co�nmu»3aatians m2-433i3-46@-30 rprs 45.@Qi �
12 Cantaci Mobi1Q Cammunicatians 01-4330-460-30 rprs . 45.00 •
'"} 12 Cantact Mobile Communicatians 01-4330-440-�0 rprs 25.�tD �}
i2 Ca»tact tticbfle Cammun£catians 02-4330-490-T0 rprs 45.00
� 72 �•' , � • �50.@@ ' �
7atals Temp Ci�eck Nutnber I�c . • , .
� Temp Check Number 13 �
� 13 Commercial Asphalt 01-4422-@50-50 wear mix 1,291.97
� i� 14 29#. 97 �3
Tatals Temp C3teck iVumber 13
� ��
Semp Check Nuraber 14
'� ' 14 Caverall 01-4335-3i5-3@ sept sva 137.39 (',
14 Coverall 0J.-4335-320-80 sept �vc 5@.00
• 14 Caverall , 02-4335-310-70 � sep� svc • 60.0@
� 14 Caverall 15-4335-310-60 - -.sept svc 59.9.9 ' �
56
327. �&
� Totals Temp Check Number f4 ' � ' �,
,.� ... ,�r: , , . .. . , . < . . . � .
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(:� 15 Sep 1995 Claims List
Page 3 �
Fri 1:30 PM City of Mendota Heights
� Temp Check Number 15 �
Temp. .
� Check ' ' �
Number Vendor Name Account Code Comments Arnount
(1 15 Electro Watchman 08-4335-0@0-00 3rd qtr 159.75 -�
;5 Electro Watchman 15-4330-490-60 3rd qtr 335.49
� 3� 495. ^c4 �
Totals Temp Check Vumtrer 15 '
t:�`) Temp C:�eck i�iurnDer 16 �,,
16 Egan Ca P,1-4305-030-3� splys �62.10
�] i6 Egan Co 0i-43@5-050-50 �plys 231.37 �'
i6 Egan Co 01-43@5-070-70 gplys 226,mg °
�------
� 48 7i9.56 . �
Totals Temp Check yumber 16
� Temp Check IVumber 17 �
' 17 Ferrellgas 0i-4422-Q50-5@ prc+pane 185.84
� 1� I 85. 84 Q
Totals Temp Check Number 17
� Temp Check Number 18 �
� 18 First Impressions 01-4305-@3@-30 annl report _ 1,395.15 . �
.,- 18 First,Impressions 01-4305-030-30 � letterhead 324.18 .
-- . , . -------- �
�. Totals Temp Ch�ek Namber 18 1,709.s3 (�
� Temp Check Number I9 � �
� 19 Govt Training Svc _ 01-44@@-040-40 • fall seminar 6@,@@
� i 9 ' � 60. 00 �
Totals Temp Check Number 19 • �•
� Temp Check Number 20 ' �
� 20 Hdwe F{ank @1-4305-05@-50 splys 11.69 �
2@ i1.69
� Totals Temp Check Nunber 20 � �
emp ec um r 21
� �
, 21 Hughes 6 Costello 01-4222-120-20 , �uly svc 3,164.80 .
� � 21 : � '' • � 3, 164. 80 � • �
Totals Temp Check Number 21 , " ' �
� Temp Check Number 22 , ' . �.,�
. , . . � . .. .-• _�. � . , . . , � . . . .
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� 25 Sep 1995 Ciaims List Rage 4 �
Fri 1:30 PM City af Mendaba heights
('� Temp C�eck Number 2� • �
7emp. . �
("'t Gheck �
Number Vendar Narne Accaunt Code Cammenbs Amaunt
{"'1 22 I 0 8 01-43�@-4S0-10 sept snten 102.85 ' Q
' c^2 I p S fdi-4330-460-30 s�pt mtcn c^.9.40
�� I d S tIIi-4330-445-40 sePt mten 29.k0
� 22 I 0 5 01-4330-Q90-50 sept mtcrr 29.40 �
22 I CI S 0i-433P,-k9�-70 sept mtcn ��.4m
�c2 : d S @5-433E^490-i� sept mtCrt i02.85
22 I C1 S i5-4330-490-60 sept mtcri 29.AQ �
c2 I O S idi--449tZ�-i09-Qi9 s�.+pt mtc» 29.40
�2 Z O S f3i-43G.�0^0$@-8y73 sept tntCri ' 8S. c6
...,1 -�-- ' _____' �
i98 4ii.36
Tatais Ternp Cneck Number 22 �
� "Fernp Check £�utrtber �C3 �
(<j 23 Identi Kit co 01-4200-61@-20 qtrly ren� . ild2. @0 �,#
�� 102. 00
�} Tatals Temp Checic Number 23 , �
Temp Check Number 24
� �4 Isnperia2 Developers 16-A46D-842-¢�0 re ind park 21,8�9.50 �
� �q , _�1�859.50 ' �
Tatals Temp Check Number -24 . - � . • . • ...
. . . . .. . .. 5
� '
� 'Femp Checit iVursber 25 �
25 interatate Diesel 81-4330-k90-50 return , 22.93cr �
,� �C5 Snterstate Diesel 01-433@-h90-50 parts ��-$� �i
25 Inter�tate Diesel 01-4330-k90-50 parts �6•�m
�� 75 . - 6�.23 ' �
' Tatals Ternp Gheck iVumber 25
� Temp Check Number 26 �
' �5 Instant Testing Co 27-4460-7i0-00 comp test fh 47.��
� �6 " �
47. 50
Tota2s Temp Gheclt lVumber 25
� Temp Check ltiEumber 27 ' �
;� 27 Knox Commerci�l Credit ¢►8-4335-ID00-00 splys 62.55 (�
27 KMax Commercial Credit IIli-4330-Zi5-70 , splys 3��.�3
. 27 Knax Commercial Credit m8-4335-@@0-00 sply� 46.71
� � ' 27 Knax Commerciel Credit 01-4330-2i5-71D _ '� splys 186.'S7 ' ' ' �
' 27 Knak Gommerciai Credit Q�1-433m-490-70 spiys , 87.73
�
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.'i. ;:.ti: "�,''4 ri:„ �:K.. <i.s,«�i.c�`.,,+t'.C'�e'n;.' y .�rx:_: 'r.. . :i:'.�c:.yµ.+ �.5..;�:'3. .c
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'3,
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��. IS Sep 1995 Claims List Page 5 �
Fri 1:30 PM City of Mendata Heights
� Temp Check Number 27 , ,�
Temp. _
('� Check �
Number Vendar Name Acco��nt Code Camment� Amount
� 27 Knax Cammercia3 Credit 02-433@-460-30 sp2ys 23.50 �
27 Knox Gtammercial Credit 01-4331b-490-70 splys 79.51
27 Knox Commercial Gredit 01-433Qt-490-50 spiys 56.98
� 27 Knox Cammerci�2 Credit 01-4s3a-2i5-7P splys 86.b0 �
27 F4nox Cammercial Credit` 01-4330-490-70 splys 34.@5
27 Knax Cammercial Credit 01-4s30-49Q�-"70 splys 1i3.93
�:1 E7 iinax Camtnercia3 Creciit Q11-4s3ttE-430-5s3 splys 53.�3 �`,.
324 i r S 77. 45
,""} iotais Temp C:�eck lurnber t7
... �:
Temp Check Number 28 '
� 28 Thomas Knuth 16-4415-842-00 exp reimb 26.10 �
28 Thomas Knuth f5-421@-060-60 exp reirnb 7.25
� 28 Thamas X»uth �7-4415-7i0-@� exp reimb 43.50 . �
28 Thamas iCnuth 22-44i5-7SZ-IB0 exp reimb 11.60
' 28 Thomas Knuth 29-4415-834-00 exp reirnb 5.80
.� 28 Thomas Knuth 2?-44i5-713-00 exp reimb 47.2? �
168 ' 141.52
� Tatal� Temp Check Number 28 �
Temp Check humber 29
� . 29 L M C �Z. T . , . . 01-2074 .. , sept prem 49b. 55 �• • , �
�C9 L M C i T 01-4i31-020-20� � sept prem 617.SB � ,
� . �� ' 1�ii4.11 . �
Total� 7emp Check Number 29 , � •
� Temp Check Numbe�^ 3Qt �
� 30, Lillie Suburb�n IVews z7-4240-7i@-00 bid ad 84.4a ' - �
3@ Lil2ie 5uburban News 0k-4�40-080-80 ' hrg.notices f07.9S
� 60 162.38 ('�
7otels Temp Gheck Number 30 •
� Temp Check tVumber 31 �
si Maier 5tewart & Assoe 3?-4330-479-�t0 re water tawer 99.36
) -- —__... �
31 . 99. 3S
u�a ��s�trtp-� .
� Temp Check Number 32 �
� 32 Mendota Heights Rubbish� 01-4280-31@-50 . aug svc 96.95 ' �
32 Mendota Heights Rubbish� 01-4280-320-70 aug svc 96,90
�n , •, lt°� ,.di! . .� ... , '.�at: l 4-°i',.._ _ . .. • ..• � [; �. _ . _ a .. . . .. . .
� . F. ,. . t' • . . , .... _....•:'t� �<:.'.'�".�ii,•`� . ,� o
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(� 15 Sep 1995 Claims L.ist p�ge g �"
Fri 1t30 PM City of Mendata Heights -
� Temp Check �Iumber 3�. , �;
Temp. - _
� Check � �
Number Vendor Name Accaunt Code Camments Arnaunt
("} 32 Mendata F:eighis Ruhbiah* iS-4280-310-fi0 aug svc 96.93 '�'
32 Mendoba Heights Rubbish' 01-4280-3iS-30 aug svc 45.�Qt
� i�CB a35.98 �
Totals Temp Check Number 32 •
� :j Temp Check Nucnher 33 �-
33 Midwest Rus.iness Rraducts 0i-43@4�-liQt-1�+ splys i�7.48
� 33 i�idwest Business r�roducts �1-43�h0-07id-7tb sp2ys £s9. tII� ;�
66 ^c26. k6
{� Tatals Temp Check Rlutnber 33 �?
Temp Check lVumber 34
� 34 Midwest Phot�o Svc 01-4305-0�Q�-2fl �ug svc 47.i2 �
C�:i} 34 47. 1 ^c (�
Tatals Tecnp Check Atumber 34
� Temp Check lVumber 35 �
35 Minnesata Taro Inc 01-4330-490-70 parts/rprs 820.0'7
`� . . 35 , ., ' � . . . , , . 82@. 0� � . � f�
Total� Temp�Check Number 35 � ,
� . Temp Check Number 36 . . �}
� 36 N5PE @5-4404-1@5-15 due5 193.0@ {�
36 193. 00 .
� Tatal� Temp Check Number 3E �_ • �
Temp Check tVumber 37 _ • • �
�, 37 Nextel2 Gomm 02-4332t-4f�Q-30 rprs • 60.0@ �
� 37 6@. @0 �
Totalss 7emp Gtseck Number 37
� Temp Check Number 38 ' • �
a xona raca @-4330-44II�-20 splys 103.45
� 38 National Traco Oil 01-433@-460-30 spYys 1@3.45 �
38 National Traco Oil 01-4330-490-50 , spiys iRt3.45
38 National Traca Oi2 01-433�-49@-70 splys 103.45
� ,38 National Traco Oil 15-4330-490-60 . splys 1@3.52 �
�g� 5f7.3C
� Total� Temp Check Number 38 • " �'a
�.�µ�,� .t' 1'+N��"1'�-e4v,�,, M'F�IJ•'' , - ' .1..�.:�.•^�.M. . ' .. �'
.),iA.. �''f'. .}�1: Y..:j1�. l. .e"1� . . ^ . , . .. � . '::t' �tl:M' n : va .,e � . I. h . lY.'.. . " \A• :;: :, r'�"I'�+�.
.
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�;:� 15 Sep 1995 Claims List Page 7 �
Fri is30 PM City of Mendata Heights
� Temp Check Number 39 ' . ' �
Temp. . �
� Check �
Number Vendar Name Account Code Camment� Amaunt
("7 39 Ne3san Radia Comm 07-4330-0�0-00 sept mtcn 62.40 '�
s9 62.A0
o a s emp ec umher 39 �
Temp Cherk Nurober 40
�� �.
4@ Northern 0X-4305-070-70 gplys ic^8.81
40 Northern Q1-4305-070-7@ splys 51.i5
�] 40 Na�the�» ' @1-43�5-05@-50 splys 25.@� �;
40 Northern 0i-4305-05Q-50 splys i5.96
40 Northern Qf-4305-07�-7@ splys 990.94
�} --- ------ �
200 411. 9�
Totals Temp Cheak IVumber 4R�
� Temp Chectc iVumber 41 . �
�j 41 lVarthern Air Corp 08-4335-¢�00-00 rprs 386.46 �
41 186, k6
� Tatals Temp Check t�urot�er 4k {�
Temp Check Number 4�
� . . 42 Narthwest Ghapter FBINAA � fdi-�+404-020-20_. . . dues 20.00 � , �
� . , �___ . .
� 42 ' . � 20. Q�0 (�
. Tota2s Temp Gherk lUumber 42
(� Temp Check Nurnber k3 �
43 Mark Olsen •� � 411-4424-05@--50 mowing 910. @0 -
� � �+3 � ,.. 920. @Q� �
Tatals Temp Check Number 43 _ ' ,
� �
Temp Chc�clt Natntrer 44 '
� 44 Oxygen Service Ca 08-4335-000-00 act thur 8/31 18.00 �
44 Oxygen Service Co 01-4305-030-30 act thru 8I31 9.�tQt
�-"�, 88 , ' 27.00 �
Totais 7emp Check Numher 44 �
,� Temp Check Number 45 , �
. 45 �Padersan Se21� Eq 01-4334t-49Q�-50 ' rprs 50.00
� . -- , � „ --___ ' �
45 • . 50. 0Qt
Tatals Temp Gh�ek Number 4S '• "
� �
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�� 15 Sep 1995 Claims List Page 8 �
Fri 1:30 PM City of Mendata Heights
� Temp Check Numher 46 _ , �
Temp.
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Number Vendar Narne Aocount Code Curnment� Amaunt
''� 46 P�b3ic Emg2 Ret Assn 0i-2074 sept prem 72.k1Q� '�
46 F'ublia Empl Ret Assn 0i-4131-110-1@ sept prem 9.02�
46 F"ublic Ernpl Ret pssn 0I-4131-020-20 sept prem 12.00
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(") Temp Chectt tVumber 48 . �
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{<� 1S Sep 1995 • Claims List Page 9 �
Fri 1:30 RM City of Mendota Heights
� Temp Check Nurn6ar 53 . �
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{"'� 53 '"'u-h�mrock C:eae�^s Q�I-441t�-020-�0 �ug cing 70.66 '�
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55 Snyder Drug Stores 01-43�5-@20-20 splys 11.1k
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Temp.Check Number 56
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�o� 15 5ep 1995 Claims List Page 1� � �
Fri 1:�0 PM City of Mendota Heights �
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62 U S We�t Cellular 01-4�10-110-10 aug svc , 6.23 ,
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� Grand Total
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15408 13.&: PEi2A "
� i54ts9 8,97�.7b • " H • � � �
i5450 1,05i.36 IC'riA ' "
154�1 1,04�.OJ Mi.nn•Mutual "
� 15452• 2�5.U0 6reai West L& A •• � • �
. 15493 b70.00 iiinn St,.te REtirement "
� 15494 266.40 Dakota County " �
� ' 1�49� 55u.QJ Dakota Bank. " _ . �
� � i54�6 4,11�•.0� Caimissioner of Revenue " �
'� - 15497 18,410.30 Dakota Bank� "
(� �54y8 5i,757.42 Payroll a/c .• � d
^� 90,255.74 �
• � ' G.T. 277;388.93
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TO:
CITY OF MENDOTA HEIGHTS
September 13,
Mayor, City Council and City Admini
FROM: Shawn Sanders 5
Civil F�gineer ��(
SiTBJECT: Sewers, Water, Streets
Improvement No. 95, Project No. 3 .
7ob No. 9511
DISCUSSION:
Bids for the Ivy Falls South Addition improvement project will be received
Monday, September 18, 1995, at 10:30 a.m. These bids results will be presented
at their meeting 'liiesday evening for Council review and award.
ACTION REQUIRED:
None. For information only.
� Council
r
's �
�,k��o��►� �-•
CITY OF MENDOTA HEIGHTS
1VIII�20
TO: Mayor, City Council and City Adminis
FROM:
SUBJECT:
James E. Danielson, Public Works D' �
Sewer, Water, Streets
Ivy Falls South
Impmvement No. 95, Project No. 3
7ob No. 9511
DISCUSSION:
Bids were opened Monday, September 18, 1995, for the public impn
Falls South subdivision. Four bids were received as follows:
Kober Excavating, Inc. $203,357.75
M.J. Moore Construction, Inc. 207,304.30
Northdale Constiuction 207,676.34
Meyer Contracting Inc. 230,878.20
Engineer's Estimate
', :1 111 11
Although the bids were lugher than the Engineer's Estimate, I feel that it is �
would not receive a lower bid unless bids were rejected aad the project rebid in the
the developer, Keith Heaver of Heaver Construction, concerning the bid results and
Council award the project.
The lower bidder, Kober P�ccavating, Inc. from Zimmerman, Minnesota `
bidder for Swanson's 2nd Addition project. References were previously checked
spoke higlily of their work performed.
REC011���IlVIENDATION:
I recommend that a contract to install the public improvement for the Ivy F
project to be awarded to Kober Excavating, Inc. for their low bid of $203,357.72.
pmject are to be assessed to 181ots. All other bidders bonds will be retained by tl
signed contract is received from Kober Excavating, Inc.
ACTION REQUIRED•
If Council desires to implement the recommendation they should pass a mot
Resolution No. 95-_, RESOLiJTION ACCEPTING BIDS AND AWARDING
FOR CONSTRUCTION OF SAIVITARY SEWER, WATI1tMAIN5, STORM
STREET IlVIPROVIIVIENTS TO SERVE IVY FALLS SOUTH (IlVIP'ROVIIVg
PROJECT NO. 3).
14, 1995
to serve Ivy
good bid and we
pring. I talked to
he requests that
also the low
t these references
ls South Addition
�11 costs for this
City until after a
adopting
VER, A1�TD
NO. 95, ' �
City of Mendota Heights
Dakota County, Minnesota
RE50LUTION NO.
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
CONSTRUCTION OF SAIVITARY SEWER, WATERMAINS, STORM
SEWER, AND 5TREET IlVIPRO`'II�NTS TO SERVE IVY FALLS SOUTH
(IlVIPROVEMENT NO. 95, PROJECT NO. 3)
WH�REAS, pursuant to an advertisement for bids for the proposed construction of
sanitary sewers, watermains, storm sewers and street improvements to serve Ivy Falls South
and adjacent areas (which improvements have heretofore been known and designated as
Improvement No. 95, Project No. 3), bids were received, opened and tabulated according to
law and the following bids were received complying with said advertisement:
NAME OF BIDDER
Kober Fxcavating, Inc.
Zimmerman, MN
M.J. Moore Construction, Inc.
Roseville, MN
Northdale Construction
Rogers, MN
Meyer Contracting, Inc.
Forest Lake, MN
and
,
AMOUNT OF BID
$203,357.75
$207,304.30
$207,676.34
$230, 878.20
WHEREA5, the City Engineer recommended that the low bid submitted by Kober
Excavating, Inc. of Zimmerman, Minnesota, be accepted.
NOW THEREFORE, IT IS HEREBY RESOLVID by the City Council of the City
of Mendota Heights, Minnesota, as follows:
1
2.
The bids are hereby accepted and received by the City Council.
That the bid of Kober Excavating Inc. of Zimmerman, Minnesota, submitted
for the construction of the above described improvements be and the same is
hereby accepted.
�
3. That the Mayor and Clerk are hereby authorized and directed to
deliver any and all contracts and documents necessaty to consun
awarding of said bids.
Adopted by the City Council of the City of Mendota Heights this 19th day of
1995.
ATTPST:
Kathleen M. Swanson, City Clerk
CITY COUNCII.
CITY OF MENDOTA HEIGHTS
:
Chazles E. Mertensotto, Mayor
�te and
the
�
CITY OF MENDOTA HEIGHTS
MEMO
September 14, 1
TO: Mayor, City Council, City Adminis
FROM: Kathleen M. Swanson �j��
City Clerk
SUBJECT: Liquor License Hearing - Heritage Inn
INFORMATION
The Herita.ge Inn of Mendota Heights has submitted an application for limited ;
hotel on-sale liquor and Sunday on-sale liquor license, to a11ow the sale of liquor at its
A public hearing on the issuance of the requested licenses has been scheduled for Sept�
DISCUSSION
Representatives of the Heritage Inn appeared before Council in July to request
conditional use permit to operate a restaurant at the hotel. At the time the conditional �
was granted, Council was informed that Tharaldson Enterprises would be requesting a
a11ow the sale of wine and into�cicating malt beverages at the restaurant. The city's liq
ordinance does not limit liquor sales to types of liquor, thus the Limited Service Hotel
license, if granted, will a11ow sale of a full range of intoxicating beverages.
19.
permit
;nse to
Police Chief Delmont has conducted a background investigation on Tharaldso -
Enterprises and its principals as well as the Heritage Inn manager and assistant manag r. A copy
of the report is attached The investigation did not reveal any reason why a liquor lice�se should
be denied. �
The Heritage Inn and its restaurant conform to a11 of the requirements of the lii
ordinance with respect to opening inveshnent, size and scale of the hotel and restauraz
capacity, etc. A bond has been provided in conformance with ordinance requirements
are still awaiting receipt of the required certificate of liability insurance. The applica�
notified of this deficiency and has been informed that if a liquor license is granted it v�
submitted for state approval or delivered to the applicant until the insurance provision
met.
Since this is an application for a new license, Council cannot take action on
until the next regular Council meeting.
ACTION REOUIRED
seating
but we
has been
11 not be
ias been
license
Council should conduct the public hearing and consider input from the public d the
applicant. Action should then be taken to close the public hearing and continue consi � eratior
issuance of the liquor licenses to October 5.
on
i 1 ! ! � :1 :
TO: Mayor, City Council and City A
FROM: 7ames E. Danielson
Fublic Works Director
5IJBJECT: Case No. 95-23: Simmonds
Conditionai Use Permit for Fill
DISCUSSIQN:
At their September S, 1995 meeting, Council considered a reqaest from Ms.
for a Conclitional Use Permit to deposit approximately 900 cubic yards of fill on Ou
Knolls Adtlition, At that meeting Mr. John Hartmann, 812 Deer Traii Point, raised
concerning the propos�a:l relative ta dra:inage, utility access, and street access. Ms. �
was continued to this meeting ta allow time for the Mayor and Council�membe3rs to �
consider the various concems which have been raised.
RECONlMENDATION:
The Planning Commission voted 5-0 to clase fihe public hearing. The Plan
voted 5-0 to recommend that City Council grant a Conditional Use Permit for Fill
conditions:
l.
2.
3.
4.
5.
6.
Tha.t turf establishrment specifiicatians be added to the Fina1 Plan.
That an additional silt fence be included along the eastem property
ta golf course.
That the driveway turnaround be reviewed by the Fire Marshal and
{5' ) setback to ths praperty line.
That all dump ttuck spillage be cleaned promptly at the cost of the
14, 1995
Janice Simmonds
tlot A, Evergreen
some questians
immands' request
�isit ihe site and
Commission
the following
across the swale
a five foot
Tha.t ten foot �1Q'} utility easements around the property perimeter be� provided to the
City. �
That all dump truck access to the site be from Wachtler Avenue and
Knalls.
Evergreen
ACTIUN REQUIRF..D:
Consider the Mayor and Councils comments upon touring the site and then, if Council desires
to implement the Planning Commission recommendatian, they should pass a motion to adopt
Resolution No. 95- , A��ESQLITTIUN APPRQVING A CONDITIONAL USE PF�ItMJ� FOR
FILL TO ALLQW CONSTRUCTION OF A SINGLE FAMILY HOME AT OUTL4T A,
E�`ERGREEN KNCII�S.
NOTE: Please bring September 5, 1995 packet data, if anyane neetis additional copies, please
contact me before tha meeting.
CITY OF MENDOTA HEIGHTS
QAKOTA COUNTY, NtINIVES4TA
i • • •
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AL.LOWING FILL. TO
BE PlACEQ QN OUTCOT A, EVERGREE11t [�:11[O�GS {p�.ANNt11[G CASE N{� 95-23y
WHEREAS, Ms. Janice Simmonds has made application for a Condi 'ona
Use Permit far Fill to piace approximatety 9Q0 cub�c yards of fiti on t�uttot A,
Evergreen Knolis Addition in order to construct a new singte family home t an
elevation high � enough to be served by City sanitary sewer tocated at the
intersection of Evergreen Knoll and Wachtler Avenue; and
WHEREAS, the Mendota Heights Planning Commission conducted al public
hearing on August 22, 1995 ta consider said apptication; and
WHEREAS, based upon the public record transcribed at said public hearings
the Mendota Heights Pianning Commission voted t5-0� to recommend to e
Mendota Heights Ciiy Council #hat the above described Conditional Use P rmit for
Fill bs approved subject to the #oiiowing conditians: ,,
9. That �turf establishment specifications be added #o the Final
2. That an additional si[t fence be inctuded atong the eastern
line across the swale ta golf course.
3. That the driveway turnaround be reviewed by the Fire Marsh�l and
incCude a five foat {5'j setback to the praperty tine.
4. �That all dump truck spiliage be cleaned promptty at the cost qf the
developer, (
5. That ten foot {10'i u#ility easements around the property peri eter be
pravided to the City.
6. That all dump truck access to the site be from Wachtler Aven�e and
not Evergreen Knotis,
��� WHEREAS, the Gity Councit considered said applicaiion #or Canditio�al Use
�� Permit for Fill at their meeting on September 5, 1995.. �
NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City '
of Mendota Heights that the proposed Conditional Use Permit for Fill will have no �
adverse effect on the health, safety and general welfare of the citizens of the
community and the surrounding land and that said proposed 900 cubic yards of fill
is not adverse to the general purpose and intent of the Zoning Ordinance.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that said Conditional Use Permit for Fill be approved subject to the
following conditions: �
1. That turf establishment specifications be added to the Final Plan.
2. That an additional silt fence be included along the eastern property
line across the swale to golf course.
3. That the driveway turnaround be reviewed by the Fire Marshal and
include a five foot (5') setback to the property line.
4. That all dump truck spillage be cleaned promptly at the cost of the
developer.
5. That ten foot (10') utility easements around the property perimeter be
provided to the City. �
. _. ,
6. �That all dump truck access to the site be from Wachtler Avenue and
not Evergreen Knolls. ' _
Adopted by the City Council of the City of Mendota Heights this 5th day of
September, 1995. . �
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto
Mayor
ATTEST:
Kathleen M. Swanson
City Clerk
CiTY OF MENDOTA HEtGNTS
�
August 31, 1995
TO: Mayor, City Council and Gity Adminis at
FR4M: Kevin Batchelder, Administrative Assi t�
SUBJECT: Case No. 95-23: S�mmonds - Conditional Use Permi� �for Fif!
DISCUSSlON
Ms. Janice Simmonds, of 1324 Sylvandale Raad, appeared at a pu tic
hearing hetd during the August Planning Cammission meeting fo request
Conditionai Use Permit for Fiit in order to deveiop a singte famity home on Outlot
A, Evergreen Knotls. Ms. Simmonds is estimating approximat�iy 940 cub c yards
of fit1 wilt be needed to raise the home so it may have gravity flow to sa� ry ��
sewer utilities on Wachtier Avenue. The fitling of over 400 cubic yards r quires a
Conditional Use Permit .(Please see attached P[anner's Report and Appti ation�.
There were several neighbors a# the public hearing who stated they� were
not in opposition to the project but addressed. concerns about perimeter tqees,
erosion control, drainage witfiin the easements,:xhe future eactensio� of 1� �achtle
Avenue and truck access #o the area.
Ms. Simmonds has submitted an erosion control plan and is prapos
add thiriy fve spcuce trees to the perimeter of the praperty. Easements f
drainage and utilities were requested as a conditio� of approval. Another
proposed condition of approvai is that truck access to the site be along V�
Avenue and nat use Evergreen Kno11s.
'�8
RECOMMENDATION
The Planning Commission voted 5-0 to close the public hearing. The
Planning Commission voted 5-0 to �ecommend that City Council grant a
Conditional Use Permit for Fill with the following conditions:
1. That turf establishment specifications be added to the Final Plan.
2. That an additional silt fence be included along the eastern property
line across the swale to golf course. .
3. That the driveway turnaround be reviewed by the Fire Marshal and
include a five foot (5') setback to the property line.
4. That all dump truck spillage be cleaned promptly at the cost of the
developer. .
5. That ten foot (10') utility easements around the property perimeter be
provided to the City. �
6. That all dump truck access to the site be from Wachtler Avenue and
not Evergreen Knolls.
ACTIQN REQUIRED
�
Meet with the applicant. If the City Council desires to implement the -=.
Planning Commission recommendation, they should pass a motion to adopt �
Resolution No. 95- , A RESOLUT/ON APPROV/NG A COND/T/ONAL USE
PERM/T FOR F/LL TO ALLOW CONSTRUCT/ON� OF A S/NGLE FAM/L Y HOME AT
OUTLOT A, EVERGREEN KNOLLS ���
KLB:kkb
e
0
• 5j,
'S
rf
September 1, 1995
Ms. Janice Simmonds
1324 Syivandale Road
Mendota Heights, MN 55118
Dear Ms. Simmonds:
Cit �o�
1Viendota Hei lits
Your request for a C�nditianai Use Permit for Fill will be considered b�
Cou�cii at their next regularly scheduled meeting, which will be held on
September 5. 7995. The Council meeting starts at �7:30 o'clock P.M. hE
Hall in the Council Chambers. You, or a representative should plan o� atte
meeti�g in order that your application will receive Council consideration If
any questions, please feel free to contact me. � �
. . � ,
Sincerely,
�
Kimberiee K. Blaeser �� �
Senior Secretary
the City
I'uesdav"
e at City
�ding the
�ou have
.�
1101 Victoria Curve •1Vi¢ndota �Heights, �1ViN • 55118 45 • 1850
�
r.n=.fst:t:r�..�t: i��..�t:�f�s;�
1_AtiI�S('A!'i •�It!"�!1?FC':�
.icN) I!ltSi :1t'f_?VUt: :�t�ti'i1i
SL1iTG 2 tt) '
M11�!i�3EAPULIS. ,'v1iV ��-7tt1
Fl? •:i i9•3 it)t}
PLANNING REPORT
DATE: .
CASE NO;
APPLICANT:
LACATION: .
ACTIQN i�;EQU�ESTED:
PREPARED BY:
p���G coxs�►��oxs
s���ro�wa.
August 22, I995
95 23 :,
�
7anice Simmons, I324 $ilvendale Road
1650 Wachtler Avenu�/Outlot A, Eve�green
Rnolls F'ust A,ddifron
Con�tic�na2 Use Pea:nut far F'tll
C. John Liban
�
�
Ms. Jaiuce Simmans v+nsl�es ta► consttuct a ssngle f�mu`iy hame on {}udot A of Evergree�n Rnolis wluch
is iocated a� the end of Wachtler Av�uue ia betvveea Wachtler Avei�ue and tb.e Par'1'tu�ee Gol£
Course. Wach#%r Avemce is pls�ted but nat canstruc�ed along ihe �vest edge af the pmperty. In
order fio place the home at an elevation which can access the sanitary sewer without a pump lift
statioa, a grade c,hangc of approxiata#ety four feet is necessary. It has be�n estimated that
appro�amateiy 900 cubic yards of Sll w�l be nec�ssary to raise the building pad and s�utrounding yard
for the home. �� . � �� �
The fiLting o£aver 408 cubic yards requires a Conditianal Use Perniit.
Tt�e app�c�nt has submitted a Sit�e Ptaa shovcnag aastu�g trees to be rema�ved, erosion control, S�ades,
hame plac�ment, driveway, attd loc�tioa of new landscap'u�,g. Archite+�tural elevations of the home
ba.ve alsa been pravided. This is a woodai propedy as iadicated on the Site Plan and �rees wc�t be
�red iathe pr�acess ofgrading. ATr�Peimit under the existin,g moratorium wi11 be re��ciired and
add�re.s�sed ai G�ity Couaa�, It should be nated tb.at the trees to be removed are relativety smalt s�zed
poplar, elm and box elder, which are �.ot considered desired trees under the City's Landscape
C1c�dinanoe. The pmposed plan in�icates approximately 3 S spruce and pine to be planted on the site.
A pubtia hearing natice has bee� published and m�ailed natioes have been sent ta the adjacent property
owners wit�in 350 feet .
�
August 22, 199S Case 9S 23
ConditionaI Use Permit
Page 2
The project as designed places a single structure on an outlot that is about an acre in s�ize and was
originatty intended ta be iwo single fi�nity iots. Because the homs is piaced in the nter of the
properiy, further subdivision of the Iot wili not be possible. The proposed grading and fi is required
to bring the home up to an elevation suffcient far gravity sanitaiy sewer connec�ian. '
Wa�;htier Aveaue doe,s nat e�d i�u�augh this area and tliat portiaa af the right-af-way s propased
to be I� in its natural canditiaa A driveavay with turn around will access the hame an wilt allow
�me�encY e�uipsne� turn-ar��znd oa the property, The e�ct dimensions of the tura ar und�should
be revievvved by ths S�ne marshall prior to issuanoe of a bu�d'mg p�rrni� Also, the site sket is unclear
on #he e�ct setback of the ddvevvay to ihe prape�ty 1ine. A five foot se�back is requ' .
Tf�e gr�diag on #he site v�r� primarily take piace ia the centes cznwooded area. �'er'rmeter
be enhattced with addidonallandscapiag. Also s�t fencing w�1 be installe� around the �
to co�ai e�+asian aad �un-off during construction. Z�rf �stab�Csbmeat shauld be part
building per�tut far all graded areas. Adctitional c,ras�oa control prot�cctioa may be req�
e�� edge afthe propc�fiy so tbat the drainage s�wate does not cany so� onto ihe galfcc
can be added to the plan at the time ofBuilding Permit Re�new
Ia order to bring in 900 cubic yards of fi�Il, approldaiately 90 truck loads of dirt will co�
site. The timing af tbis construc�ion a�tivity ca�td b� r�vicewed with the app�icam as
requi�s £or d�ning uP sP�led debris along str�ets leading up to the sit�. These co�
bs added to the pernnt. .
Actioti.
Review applicaat's request for fitt aand maice a recottunendation to the City Counal.
Considerations.
T'urf establishment specifications to be added ta the F`uial Plan.
A,ddidanal silt fence along eastern properiy line acxoss swale to golf caurse.
Turn around reviewed by fire marshall including a five foot properiy line setback.
Dump truck spil[age clea.n, up.
is vvilt
d area
� finat
at the
Z'his
onto the
u as a�r
<<
ions can
�
August 31, i995
Mr, Kevin Batchelder
Mr. Tim Danielson
Ciiy of Me:udata Heights
1141 vctoria, Ckuve
Mendota Heights, MN 5511$
Re: 1650 Wachtle.r Avenue
�
Dear Gentleme�n:
This letier is to c]�rify my i�t�at to build a home at 11S5Q Wacht�ea� Aveauee.
�
It is nece�sacy to briug aPProximattely 9QU cubic ya�ts of fill onto the site in order ta mee
e1
proposed house elevations. The �a�use eteva�ions sre necessary ta avoid using a lift sEati�
O�udot A was o'nB�Y Plotted to accoaunociate iwo bu�d'ing s�.s. Clae house wili be b�
the 1at with a Uun arc��nd c'ucle dmrey seaviog the fmtrt uf the hous� tbis circ�,ulllar drive �3
ade+��ately address a��'b�ity far fire ve�ides. ,
The iancts�cape plan c�11s for an addit'ron of approximately 35 evexgrcen trees, and the r�
appmxi�m��el.y e'sght tcees Iarger than four inch�s in diamet.e�:
Sincerely,
�`� Q/t�tC
�
��� s�Qn�
� ..: - . , _ . . -
the
r�.
;
t on •
outd=
�. vai of •
-�-•� ♦1►. � � L
,��ie�do�a
�i�y o�
Hei�hts
- - APPLICATI4N FOR C4NSIDERATIUN
OF
PLANNIlVG REQITEST
.�
c�No. '�� - a� .
p� Qg�li�pa nugus t ,
Fee Paid "�� � 0�
ApplicantName: Simmouds Janice , V pg; 450-5426
(�) {F'�J {�
A�,�; 1324 Sylvandale Road Mendata Heights. IrII�t 55Ii8
(Nunnber 8c Stneet� {(�ty} (Statc) t�F}
q�aN��; Simmonds Janice �1
(�J (�}
11�
p;��• 1324 Sylvaadal.e Road Meadcita Iiei h�_, MN 55118
(.Nua►brr&S�ro�j � ((�tY} (�"�� 4�P)
���q��,�prop�ny��y��;� 1fiS4 Wachtler Avenue
Z�al�ipiioaofpcn,put,y; Ou� Iot A Ever,green Knolls `
First.� Addition .� '
Type of Requcst:
R�zoning
X Coa.�tionat Use Pr.nnit
Cond'itio�oai Use P�canit farP,U.D.
��� �
Compnhcnsiv+e Piaa Amc�dmeat
Vaziantx
Subdivisian Approval
- w� �
Qther {att�ch p�plan�tian}
Applicable CSiy Ordin�w�e N'�mnber ��� Section '�. � Z
Pir��?.a�ingofPn�Pcr�+ j2wi YtrY,.�scntUse �� t�. '�.+�►�t tncY+�2
Pm�rosed Zvning of Pmgcrty �"'�= Px�aposGd Use S t� t2 �u. c��✓ �^+ w.#
I hea�eby deda� tt�at ali staGemc�is madc in this �quest and t� the additi
materia� a�+e tru� ., . .
t�� � ��? .
. ..
. (�? .
��.t�`.��.�.�.�,^-- � .
(R�eivedhy-Tit�e� • .
11U1 Victioria Curve -1Viendota: Heig�its;,1�►�iN .• `5511�8 :=�;; ;� 452 � 1850 : .:. ,-� .: : �
CITY OF MENOOTA HEIGHTS
NOTICE OF HEAR(NG
August 8 , '1995
� TO WHOM IT MAY CONCERN:
� NOTICE is hereby given tfiat the Planning Commission of Me�dota He�ghts wi(I
meet at 9:15 o'clock P.M., or as soan as possible thereafter, on Tuesday, A gust 22,
1995, in the City Hal! Council Chambers, 1101 �ctoria Curve, 1Vlendota Heights,
Minnesota, to consider an application from Ms. Janice Simmonds for a nditionai
Use Permit for F'ill which would atlow approximately 900 cubic yards of II which
would altow the construction of a singte famijy. house onto the following I escribed
property: '
Outfot A, Evergreen Knol[s
�
More particutarly, this property is located at � 650 Wachtler
This.�otice is pursuant to City of Mendota Heights �oni�g Ordinance
Such persons as desire to be heard witfi refere�ce to the request for a Cc
Use Permit will be heard at this meeting.
Kathleen M. Swanson
City Clerk
Auxi/iary aiafs for disabled persons are avai/able upon request at
hours in advance. !f a notice of less than 720 hours is received, �
IVlendota Heights wi// make every attempt to provide the aids, hor
may not be possa5le on short notice. Please contact City Admini.stra�
1850.
�
�e
:401.
tional
�ast 120
City of
ver, this
af 452-
�i�y o� r° ..
,,,,,,� 1,� ,��iendo�a Hei�h�s
August 17, '! 995
Ms. Janice 5immonds
�. 1324 Sytvandaie Road
Mendo#a HeFghts, MN 551 '[ 8 " �
Oear Mr. Simmonds:
�
Youc appGcation tor Conditionat Use Pe�m�t for F'iti wiit be considered by tfie Ptanni�g
Camrni�sion at the�- �axt regutarty sdteduted meeting, whic� wiii be heid on �i g�,�¢,a� �
�1uc,�rsf, 22. 9995. 'i'f�e Plannrng Comtnission meeti�g starts at 7:30 o`dodc P.M. here
are Ciiy Hatt in the Councii t.'hambers. You, or a representative should plan dn
atten�ng the meeting, �� arder that your applica�ion will receive Commission
considera#ion.
�
,
If you have any questions, please fee! tree to cont�ct me. �
Sincerely, . ,
� ������
� .
Kimberlee K. Blaeser �
Senior Secretary
Enctosures
0
,
�
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El�OS1oN GON7�OL pLAN
''-- 30 �
XXX - DENOTES EXISTING ELEVATION -
(XXX) - DENOTES PROP'OSED ELE1/ATi�N �
f�?' � - �ENOTES DIREC i K)(V OF FLOW OF
_ SURFACE DRAINAGE
��� = 5I LT F�NGE
�RoSIbN conl T'fzoc_
�
To:
From:
Subject:
CITY OF MENDOTA HEIGHTS
�� �
Septem r 14, 1995
Ma.yor, City Council and City A
Kevin Batchelder, Administrative Assis
Case No. 95-14: Cruz - Variances '
Resolution No. 95 =, A RESOLUTION DPNYING VARIAN�
DRIVEWAY SETBACK AND STORING A RECREATIONAL
: i:�� � ii � • • �
DI5CUSSION
FOR
AT
At the September 5, 1995 City Couacil meeting, the Council considered an �pplicatio�
for Variances from Mr, and Mrs. Cruz, of 1338 Cherry Hill Road. Specifically, tb�e.
Variances were a five foot (5') side yard setback variance for the driveway and a vi ce to
Section 21.4, to allow outside storage�f a recreational vehicle within the required n foot
(10') side yard setback.
After reviewing the public record and meeting with the applicant, the City i
voted 3-1 (nay: Huber) to deny the requested Variances. The de�ision to deny the
was based on the lack of a hardship or practical difficulty unique to ttie properiy th
created by the owner, that other similar requests had been turned down previously,
approval would establish aa uadesired precedent and that the character of the neigb
would be altered.
City Council directed staff to prepare a resolution of denial based upon tl
fact for consideration at the September 19, 1995 meeting. (Please see attached ]
95-_, A RESOLUTION DENYING VARIANCES FOR DRIVEWAY SSTB�
STORING A RECREATIONAL VII3ICLE AT 1338 CHERRY HII.L ROAD.)
ACTION REOUIRED
Consider the pmposed Resolution of Denial for Variaaces. If the City
desires, they should pass a motion to adopt Resolution No. 95 =, A RESOI
DENYING VARIANCES FOR DRIVEWAY SETBACK AND STORING A
RECREATIONAL VEHICLE AT 1338 CHERRY HILL ROAD.
was not
fiadings of
ilution No.
:AND
�
a
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, +' OTA
RESOLUTION NO. 95-
A RESOLUTION DENYING VARIANCES FOR DRIVEWAY SETBACK AND
STORING A RECREATIONAL VEHICLE AT 1338 CHERRY HII.L ROAD
WHEREAS, Mr. Richard Cruz, of 1338 Cherry Hill Road, has applied for a Variance
to the required Driveway Setback and a Variance to allow Storage of a Recreational Vehicle in
the required Side Yard on a driveway that has been installed at 1338 Cherry Hill Road, as
proposed on plans in Planning Case File 95-14; and
WflT.RT.A�, the Planning Commission conducted a public hearing at their August 22,
1995 meeting; and
W�REAS, the Planning Commission recommended on a 5-0 vote that City Couacil
deny said requested Variances based on a lack of a legal basis for a hardship; and
WHEREAS, the City Council reviewed said application for Variances at their meeting
on September 5, 1995.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Couacil of the City
of Mendota Heights that a finding of undue hardship or difficulty unique to the properiy and,
not created by the owner does not exist; and
BE IT FIJRTH�R RESOLVED by the City Council of the City of Mendota Heights
that the requested Variances, if gianted, will alter the character of the neighborhood and
establish an undesired precedent; and
BE IT Fi7RTHER RESOLVED by the City Council of the City of Mendota Heights,
that the conditions required for appmval of the requested variances do not exist and that said
requested Variances are hereby denied. .
Adopted by the City Council of the City of Mendota Heights this 19th day of September,
1995.
ATI'F3ST:
CITY COUNCII.
CITY OF MENDOTA HIIGHTS
By
Kathleen M. Swanson, City Clerk Chazles E. Mertensotto, Mayor
To:
From:
Subject:
CITY OF MENDOTA HEIGHTS
�� �
September 15, 1995
Mayor, City Council and City Adminis
Kevin Batchelder, Administrative Assis
Update on Cruz Variance Request
This memo is to serve as aa update to the cover memo provided with the
Denial for the Civz Variances - Planning Case No. 95-14. On Frida.y, after the
had been copied we received a letter from Mr. Cniz and another letter from his ;
Gabriel. (Please see attached letters.)
Mr. Civz and Mr. Gabriel's stance on the interpretation of various sections
Zoning Ordinance will have more of aa effect on the enforcement end of this issue
will have on whether or not the Resolution of Denial for Variances on tonight's ag�
be acted upon. These letters are being provided to the City Council so that they az
potential issues in the enforcement of any code violations regarding this case.
The City Council should consider pmviding direction to the City Attorney
Code Enforcement Office on this issue.
ACTION REQUIRID
Review the attached letters and provide direction to the City Attorney and
Enforcement Office.
ion of
. memo
,1VIr.
�r our
haa they
ida should
aware of
the
RICHARD J. GABRIEL
ATTORNEY AT LAW
SU[TE 200
175 WEST LAFAYETTE FRONTAGE ROAD
SAINT PAUL, MINNESOTA SS I07-1424
TELEPHONE (612) 222-2731
FACSIMILE (612) 223-51 14
September 14, 1995
Mr. Kevin L. Batchelder
CITY OF MENDOTA HEIGHTS
1101 Victoria Curve
Mendota Heights, MN 55118
RE: Richard Cruz
Our File No.: 92-218
Dear Mr. Batchelder:
e
Y �r
rec'� �(,- lS� �S
LEGAL ASSISTANTS
GERALDINE A. BERGQUIST
LYNNE M. MASANZ
I am in receipt of your letter of September 8, 1995, addressed to
my client, Richard Cruz. I note in reviewing Ordinance No. 401,
Section 21.4, that the ordinance prohibits storage unless the
storage is in the side or rear yard. There are two issues raised
by this ordinance in relation to the facts of Mr. Cruz�s case.
First of all, Mr. Cruz maintains that he is not storing his motor
home, but. rather is parking it. The ordinance does not prohibit
parking but prohibits storage. Storage is of a more permanent
nature than parking. I am unaware of whether your ordinance
defines or differentiates between these two terms: I have recently
written a letter to Thomas Hart, the City Attorney for Mendota
Heights, asking his clarification on this issue.
Secondly, there is no definition in the ordinance of what
constitutes a"side yard" and what constitutes a"front yard". You
have informed me that a side yard is that portion of the yard
directly adjacent to the side of the house and does. not extend
beyond the front line of the house as extended. However, your
ordinance does not state that and this appears to be a real
ambiguity. Another reasonable definition of side yard would be
that portion of the lot that is to the side of the house as
extended forward and backward. If there is a clear definition of
"side yard", please inform me.
Mr. Cruz has attempted and will continue to attempt to comply with
the ordinance. The ordinance does not prohibit the outside storage
of recreational equipment, nor does it prohibit the parking of
recreational equipment outside. •
I would like to see this matter resolved amicably. For that
reason, we brought the variance request before the City Council.
The City Council felt that they could not grant a variance.
However, this does not mean that Mr. Cruz is in violation of the
.. i
,
L
Mr. Kevin L.
Page 2
September 'i4,
Batchelder
City ordinance. This was merely one attempt to find a solu�ion to
a problem.
We have attempted to work with the neighbors in resolvi g this
probl.em; however, they have been unwilling to do so. Sin e they
have camplained to your Z suggest that you cantact them an point
aut the faci� that there are real problems with attemp ing to
restrict Mr. Cruz's parking and/or storage of his motor veh'cle on
his 1Ut.'
Mr. Cruz is willing �o plant tall evergreens ar canstruct
If there are other ideas, he is willing to lis�en.
Very tru].y yo s,
,,�„''��'�� �
i
�Richard J abriel
RJG : lmmis2zia�rr.�.�z
cc: Richard Cruz
Thomas Hart, Esq.
fence .
� � �Q �'" (�' t�7�
Richard F. Cruz
1338 Cherry Hill Road
Mendota Heights, MN 55Z28
September 13, 2995
Mr. Kevin Batchelder
Administrative Assistant
City of Mendota Heights
1101 Victorza Curve
Mendota, Heights, MN 55118
L1ear Mr. Batchelder:
In compliance with the eity of Mendota Heights ordinance for an rking
recreational vehicle (RV's); I have a� rked my RV on one side of my
residential yard and fi�e {5} feet from the praperfy Iine. 'This is in accordance
with side yard and setback requirements for arkin recreatianal vehicle.
Sincerely, �
f'r�'...�---'��
Richard F. Cruz -
cc: Richard Gabriel, Attorney at Law
��.
•' L
September 8, 1995
Mr. Richard Civz
1338 Cherry Hill Road
Mendota Heights, MN 55118
�
. ,
Dear Mr. Ciuz:
�� C1 y O�
1�Iendota Hei hts
I am writing to formally notify you that the City Couacil, at their meeting of Sept�
1995, denied your request for setback variances for driveway location and storage
recreational velucle, as proposed in Planning Case No. 95-14.
i
The City Couacil directed staff to prepare a Resolution of Deniai for their oonside�
September 19, 1995 City Council meeting. The City Council established fiadings
there existed no hardships unique to the properly that were not created by the own�
was a lack of a�legal basis for a hardship, aad that these variances, if granted, wou
character of the neighborhood aad establish an undesired pre�edent.
� �
The denial of your request means that the RV should. be moved immediately. I ha
a copy of the Ordinance No. 401, Section 21.4 which spells out the requirements f
parking/storing a recreational vehicle in a residentiai dislric�. RV's az�e allowed to
rear and side yard if in compliance with required setbacks.
If you have any�questions, or concerns, please contact me at 452-1850.
Sincerely,
�= �3 .
Kevia Batchelder
Administrative Assistant
s
cc: Paul Berg, Code Eaforcement Officer
Dick Gill, Code Pa�forcement �Oi'ficer
�
1
6
1101 Victoria Curve =1Viendota`Heig�ts,lViN � 55118::::=.���
�- , , . .. . ," . .. . - �,- .�
nber S,
Fa
tion at the
F fac� that
, that there
l alter the
: enclosed
r
�e in�he
�■�•:.. _,. - -
1850 .� -
�
c `+
J
21.3(2)e Where the drive-in or fast food restaurant abuts an "R"
District, a landscaping screen or fence not over six (6)
feet nor less than five (5) feet shall be constructed -.,?.
along the property line abutting the '�R" District. A
fence shall not be required within the front yard.
21.3 (2) f
21.3 (2)g
All structures shall be finished on all exterior walls
with the same material.
Banners, pennants and other similar promotional devices
shall not be permitted.
21.3(3)h Parking Requirement - One (1) space for each employee
per shift in addition to at least one (1) parking space
for each fifteen (15) square feet of gross floor area in
the building as per Section 21.1(4)1 of this Ordinance.
21.4
21.4 (1j
21.4 (2)
OIITSIDE STORAGE IN RESIDENTIAL DISTRICTS
The outside storage of recreational equipment is
permitted in one side only or rear yard in all
residential zoning districts, provided that any such
side yard storage shall not be adjacent to a street and
further provided that all setback requirements shall be
met. Outside storage of vehicles and recreational
equipment not oriqinally constructed for recreational
use shall not be penaitted.
For the purposes of _this Ordinance, recreational
equipment shall include the following: '
21.4(2ja Boats and canoes.
21.4(2)b All-terrain vehicles.
21.4(2)c
21.4(2)d
Trailers for the transportation of boats, canoes and
all-terrain vehicles.
Al1 motor vehicles designed, constructed, or used to
provide temporary, movable living quarters for
recreational use.
21.4(2je Travel trailers.
21.4 (2) f
21.5
21.5(1)
(401)106
Snowmobiles.
SIGN3
Signs are a permitted accessory use in all use districts
subject to the following regulations:
A sign � is a structure or a part of a structure for the
purpose of applying yard and height regulations.
�
CITY OF MENDOTA HEIGHTS
�� �
September 14, 1995
To: Mayor, City Council and City Administrator
From: Kevin Batchelder, Administrative Ass Cant
Subject: Resolution of Appmval for AT&T Wireless
DISCUSSION
' At the September 5, 1995 City Couacil meeting, the Council met with rep�
of AT&T Wireless to consider a request for a Conditional Use Permit for a Cellul
Transmission Tower and a Variance for Building Setback. The Council grantsd t�
approval to AT&T and requested that Tom Hart, City Attomey, draft the resolutic
appmval for consideration on September 19, 1995. (Please see attached proposed
of Approval.) ,
In granting this approval, the City Council relied on the zoning ordinance g
aad the standards that were established with the 1993 approval of the Cellular One �
Bill Stiub's Riverwood Place PUD. Council found that the gateway location of thi;
image of the industrial park and the preservation of the tax base were important fac�
determining �t this facility be upgraded to be compatible with the surrounding nei
(The Americaa Registry of Radiological Technicians aad Solvay Animal Health are
immediate neighborhood.) �
The City Council was of a consensus that AT&T could make aay changes o�
address conditions that were imposed with the approval, however, the City Council
clear that AT&T could not activate the tower until �the adoption of the resolution of
The Council established the following conditions of approval:
1.
2.
3.
That the tower will be allowed at ninety-five feet (95') for a period of five
it must be lowered to seventy five feet (75') or the Conditional Use Permit
automatically expire. �
That AT&T is granted permission to re-apply for Conditional Use Permit a�
has the right to have a review to renew the existing Conditional Use Permit.
That the transmission tower and antennas are to be painted to match the
City's water tower.
Telephone
of
�wer in
site, the
�rs in
the
the site to
vas very
when
aad
of the
.�
4. That AT&T provide the City with a hold harmless clause, relative to the construction
of the tower. (In lieu of inspections af the work already dane.) Tom Hart is to draft
ihe appmpriate dacument for signature by AT&T.
5. Z'bat there be a maxi.mum of six (b} antennas, with AT&T reserving the right to request
an additianal tt�ree (3) antennas for a maximum total of niae (9) antennas.
6. That AT&T agree to pave the access drive and move the turn azound to the west side of
the drive to meet the ten foot (10') setback requirement.
7. That AT&T agree ta put a brick facade and sloped roaf on the equipment building and
� to prc�vide appropriate screening amund the building and facility.
$. That AT&T landscape the haiance of i�s site to meet City standuds, io be approved by
the City Planning Consultant.
9. That AT&T apply far and receive the appmpriate building permit and that all
contractors provide proof of licensure.
Consider the pmposed resalution of appriaval. If �28 Cl� G011IlC'l�. SO t�8S12'�Sa they
should pass a mation ta adapt Resolutian No. 95 ;_, RESOLUITON APPROVII�TG A
CONDITIONAL USE PERNIIT AND A VA'RIA]vCE AJ.LC)WING A CELL�TLA�.t
TEI.BPHONE TRANSMISSION TOWER AND RELATED IlViP1tOVE�MENTS.
�
Ciiy of Me�dota Iteighis
t�akata Coi�nty, Minzic�scit.�
ItFSOLUTiON Nt). 9� 't
Ii►ESpLL�TiC}�t APPRiJViNC A C�N`i)ITItit�AL L'St? PI:R�ti"i' n�' + A
YA.[tIANCE Al.t.(7«'IhG A CI:C.I.ULAR TFLEPf[dtil: TI211hS�IISfiI()�1 TO�'�'I:1'2
AN�3 RELA'I`I:t� TR�IPRO�'�•:1irti�'S
VY$EREAS, a'E &T Wireless Se'rvices ("AT&T"} hat ap��ii�d t� the City of Ni���cic�t�t
Heights (the "City") fc�r a c�ndition��l use permit (the "CUI'"') :�nd a vari;tncr re:Iati yg ta the usc
of eettairt property Icx;at�cl �t the nvtthwcst quadrant of 1'n�ni; Fli�,l�v��y 5S a d Inti�rstate
Highway 494, rcf�necf to as h9innesota Department of'1'rarrtilx�R:�ti�m }'�ir�cl 218 the N( i�`�N��
�
w��xras, thc �"ity C.ouncil deems that the �.rantin� of tl�� CLiP and �varianrr., in
conneciion with tiic cnnstr�xrtiart anct operation of a ccilular t�tLi�hc�n�� tr.inetuissia,� towc�r (tti�
"T�,a.nsmission 'f�ywcr") anc! an[cnn�e ("Antcnnae") is in thc furlli�r.sncc� nf t1�� �n�t�lic's hr.�lth,
welfazc at'td saf�ty;
WHEREAS, tiic: C:ity t'c�uncit dccros that thc grac�cino c�f ti�4 CiiY an vari;�szre is
consisEent with t1�e cnnditit�nx t� its approva] of th� transmissian �ctiu��r �:crostn�c�te by C'�11ut�r
Qne in i993;
WSER�:AS, thc City C.auncil dcems that conciitic�n:c contain��<t I��rcin tc� th grantind af
thC CUP 8ii� v�Fiat�CC Iir� ���iS�'d itgaa thc applicable ordinanr�s attc� �c�d� �rc�visio s t�f ttte City
and not AT&T's [echnical r��quiremenzs for the eonstrvctiu» a��d c����r.itic»i of the ransmission
_ n
1'owcr artd Antc�a�a�e; �
IY4W, T�tEK�i�ORF, I3E i'f HEItEtiY RESC?I.�'I:!) tlt.tt tlt�' t'ity f:c�u�
of iVtendat� H�i4hts hcrcby grints a conditianal use permit (thc "CiJP"} ancl a
re�pcct to the Site sut�j�ct t4 ih� exccution af that cert�in ii�dt•�:�iYiti<<�tiaxi �1;r�e
h�reto and incnr��ntc•c! h�rcin as l:x 'bi and the follo��in�; c���uliti�ms.
1. i�cieht, Thc'I'ransmitision Towcr and Antcnrr►� sh�tlt nc�t cxcccd ni
{95'� in ttcial�t.
2. Ttttj�tovcst��rryL. Pric�r to activ�tictn of tttc� '1'r���s�ttissic}r� Tc}tc�4� ti:
AT&T sha1L (.�) Jyaint the '1'ransmission Tow�r anci Amrnn:u� tc� macch th
City}S W��C'T LC)Wt'.C� {h} j�av4 thc arcess dnve and z1t�; r thc.• ttit't��trtuitu! tt�
of tho acccss cirivc on the Sitc to meec the City'• a�y�lir.�hl� �ctback r�:qt
tx�nstntct a bnc:k facacie and slopeci rc�f an �lu� c�q��i�s����u builciing
appropriatc scre�nic�a around trie cquipmentbuildinf;, Tra»sn�is.ic+n Tower,
on the Sitc� in �sc:rc�rci�n�,� with City standanis, tc� l�c;°��J}i}rc�v%ci �iy th�: Ci
consultasu; and (d) lanclscagc the temainder of the Sit�: in a�rc�rclancc with C
w be ap�rc�v�ct I�y the City's plannin� caasuttan�. �
�
;
. �
;
. , _�
�
.;
_. _ . . .. ,',... . — .. ,- �� . �' . . : .- ---4 . . _..._ ..�_ ' _ .....- -�, :-;�..-,_.4-- .. .._ ...._ _�._ . I
of �hc City
�ianc:c� with
nt attach�c!
fi��c fc�t
d :1�t�1t�nat�,
. c�lar af th�
h� we�t siC�C
lrcm�nts> (c)
�tid }�rc�vid�'
�nd Antenna�
y's pt<�z�ning
cy stana.irds,
3. .im'i��inn c�n Antcnnac. AT&T shall erecc na m��r� lllitti SlX il[ilC.(1(iciC f4'liil4'(� IO
the Trhnsniissic�ii Towc,r in accordance with the cerxus ttrr�,cyf. AT�T �l�aint�ins thc right
W petitic�n the C.ity to a11ow the adclition of three additi�nal 1�tite.°nn��e fc�r a m��ximum c�f
nitte as�tcnnac at thc Site, whi�h pecition may bc rc,jcctt�<1 c�r gr��r�tc�.ci in Ih� City's u�t�
discretic►n.
4. �1t nf CITP. Thc C'UP shall automatically and «•ithc�ut furth�r actictn by thr
City ternzinitc, expirc�, anci b� of no ii�rth�r forcc a��d c:f1�°rt c�n �i ciat� f v� {5} yt�,�rs frc�t��
thc datc her�of unlc:ss prior to such date thc Transmissic�n Tru•ct' a��d Ant��nnae have h�en
permanently it�r�•ercd to a height of not greater tha�� sclre�tty-Cv� fr�t �75'). 'i'he C.t3�'
shall alsc� tcrminatc, cxpire-and be rrf na furttticr farc�� anct �ffc�ct if A'I'&'C brc<tic;hc� nr
othe�tWl� fai1S tcl Ct��ilnIy' wlth th� teFtnS a�1d CO�ditic�ilS 4c�t ftsl'ih �t�tc�iq. Ir� the �ve��t tlia
CUP is terminattcl pursuant to thc terms hereof, ATRT fih:tll havc thc rigl�t ta re-an�ly
%r a con�it3onat «se �rmit apnravai for the Transf��ititiic�r� Tc�K•er and ltntcnnac t��cm �Ir
novio review by th4 City. with no presum�ytian wh�ts�k•��cr in fa����r uf �xtendi��g thc tcrm
of the CLIP c�r };r:trttitt� 3 ttGw CUP b.�seti an tlt� j)Ci t`!ClSit'nic� of suc:h Tr�tntit��issizyT�
Tpwer �nd Ant�nnt��.
5, Vari� c�. The fc�llowiag variancc is grantc�d sc�l�:fy ���r �iccannicidating thc u�
of the equipzt��n� bailding c�� the Sitc: A tw�nty-!`slz fcx�t {�5'} si�c yar� scthack
v2uciancc allowinb th� �qx�i�m4nt building on th� Site tu hc :cc,t back fift�cn f�t;t { 15') fresm
the side praperty line instead of the rcquited fc�rty fc��tt {�;t�'} t�tl�ack.
BE iT FURTIIER KIS4t.�'ED that the Mayor anc� City Ct��rk al tt�c; City of h�t4ncic�ta
Hcights �tre herc�l�y authc�rixrd ar�d directcd to �xecute sucb A;�r���cnc.*nt far Cctinditic���at [1�
Hermit on behaif c�f tE�e Cicy. _ ,
Ad4pted by thc 1�4endata itei�hts City Catmcil ihis day c�f ��i;�t.=ml�rr. 1�3�35.
CITY CC1I1i�'Ctt,
C1TY Clr 1111:�nt3TA IIEICiITS
By_. .._ .
Charl�s I's. A4rrt�c�sc,tto, I�iayor
ATTFST:
�.�_ . �.
Kathlec�n hi. Sw�anscm, City Clcrk
�
�
y ` � � ; i tr �� --�.•�--�. - . � -- ---- � :---- : --�,.'�'� �"":�-----
'^'t i� f T' ��j - --.t:_ .'.!'.. .. �.a?:f �. .a.' .j��f"?�— : .. . .. .
. • .. , �`
,
EXHIBIT A
INDEMNIFICATION AGREEMENT
THIS INDEMNI��CATION AGREEMENT is made as of this day of Se�
by and between the CITY OF MENDOTA HEIGHTS, a Minnesota Municipal cc
"City") and AT&T WIRELFSS SERVICES, a corporation
WITNESSETH:
WHEREAS, AT&T has applied to the City for a conditional use permit and a�
to the use of certain progerty located at the northwest quadrant of Trunk H
Interstate Highway 494, referred to as Minnesota Department of Transportation
"Site"); and
WHEREAS, the City deems that the granting of such conditional use permit and
"CUP"), in connection with the construction and operation of a cellular telephone
tower (the "Transmission Tower") and related antennae ("Antennae") is in the pu
NOW, THEREFORE, in consideration of the above recitals, which are incc
and for other good and valuable consideration, the receipt and sufficiency of
acknowledged, it is hereby agreed as follows:
1. Indemnification. AT&T shall indemnify, defend, and hold hazmless
the City's council members, officers, employees, agents, representatives, cc
other affiliates from and against any and all claims, demands, acfions, cau
penalties, fines, damages, losses, liabilities, costs and expenses (incluc
limitation, court costs and reasonable fees of attorneys and other professio
to, arising out of, or in any way connected with the construction of the '
Tower and Antennae or any other improvements on the Site. Tl
indemnification shall be in addition to the obligations of AT&T pursuant to
shall survive the term of this Agreement.
IN V'V][TNFSS WHEREOF, this Agreement has been duly executed by or on
the parties hereto as of the date and year first above stated.
CITY COUNCIL
CITY OF MENDOTA
��
Charles E. Mertensotto,
�ber, 1995
ration (the
T&T").
; relating
55 and
218 (the
(the
interest.
d herein,
is hereby
City, and
�ltants and
of action,
, without
�) relating
foregoing
CUP and
of each of
s�:ma�2-i
-2-
ATTEST:
Kathleen M. Swanson, City Clerk
AT&T WIltELESS SERVICES
By:
Its:
..�.,.
i� '�k,
To:
From:
Subject:
CITY 4F MENDOTA 8EIG8TS
Septembe 15, 1995
Mayor, City Council and City A
Kevin 8atchelder, Administrati�e Assistau���
Youth Ballfields at Mendota P1aza
DISCUSSION
At the September 5, 1995 meeting, the City Council cansidered a proposal :
yauth sized ba�llfields at Mendota Plaza. Paster Enterprises, owners of the Mendat
have given the City an affirmative response to using the southwest corner of th� sit
temparary yauth sized fields. Mendata FIeights Athletic Associatian has indicated �
primary needs far fields are for yauth between ages 7-11. The praposed fields are
accommodate tbis age bracket. (Please see attached map, cast e�timate, tame sched
Fark Commission memorandum from Guy Kullander.)
On September 5, 1995 the Council discussecl this pr�posal with staff a�nd a
representative of NII�AA, Mr. Charlie Godbaut. The Cauncil was concerned aboi
estimate for temporary balliYelds and whether Paster Enterprises was willing to ga
The Council directed staff to complete survey work to fi� up the cost estimates a
Paster Enterpri�es to begin discussing a use ag�reement for balilfields at� this locatia;
St�iff has surveyed the site and have determined thai the ariginal cost estim�
accurate. (Please see attached September 11, 1995 memo fram Guy Kullander.) �
will meet with representatives of Paster F�nterprises on Monday morning to begin �
written use agreement. The outcome af this meeting will be available for Council
evening.
In addition, the Parks and Recreation Commission had an apportunity to rev:
ballfield sites at their meeting on September 12, 1995. The Commission was conce:
the size of the e�enditure fmm the Special Parks Fund (estimated to be $50,000 to
given the temporazy nature of the facility. They felt a minimum of ten years would
necessary for this Ieve1 af e�enditure. The Commission recagnized the need for y<
but was unsare of how best ta provide more �ields. (Please refer to Pazks and Recri
Cammi.ssion minutes far September 12, 1995.}
i Anather consideration is whether these fields can be canstructed this Fall
ready for use in the coming baseballlsoftball season in 1996.
�r two
Plazat,
for
�at its
ized ta
le and
cost ,
to contact
are
� staff
ussing a
1%esday
these
l about
i,UU4}
fields,
be made
"
RECOMMENDATION
The Parks and Recreation Commission was unwilling to make a motion to support the
e��penditure of $50,000 to $6U,000 from the Special Parks Fund for youth ballfields at
Mendota Plaza, as currently proposed. They indicated that their recommendation in August to
allow up to $25,000 ia expenditures from the Special Parks Fund for ballfields at this site was
all they could commit to. The Commission believes there may be other long term solutions.
ACTION REQUIItED
Consider the proposal for youth ballfields at the Mendota Plaza. If the Ciry Council so
desires, they should pass a motion appmving this pmject, to be funded by the Special Park
Fuad in an amount not to exceed $60,000, aad to direct staff to prepare an appmpriate written
use agreement.
� <
.=- ;
September 11, 1995
Memo To: Park and Recreation Commissioners
From: Guy Kullander, Parks Project Manager
Subject: Temporary Ballfields at Mendota Plaza Shopping
Council directed the Engineering Department to proceed wi
topographic survey and preliminary ballfield design at th
September 5th Council meeting.
The survey work was completed Thursday, September 7th, ba
was prepared September 8th and a preliminary design was c
over the weekend."Good News"- dirt quantity to be moved w
less than r had estimated,"Bad News"-I underestimated the
to move the dirt on my original estimate. "Bottom Line" -
amount of $15,000 I used in the original estimate is "RIG
The estimate of from $.50,000 to $60,000 to construct the
fields is still the amount �hat would be required to cons
these fields.
AC�ION REQUIRED
This.:is'for information only. Commission should review f
design and cost estimats with staff.
:nter
ia
: map
ipleted
�
:ost
:he
' ON"
�o •
�uct
. ,
. �
� • �
August 29, 1995
Memo to: Tom Lawell and Kevin Batchelder
� `Y
From: Guy Kullander, Parks Project Manager
Subject: Estimate to construct two ball fields at Mendota Plaza
Construction of two temporary. ball fields at the Mendota Plaza
can be accomplished with the estimated cost to be from $50,000 to
$ 60,000. The exact costs cannot be determined until a complete
design and total materials required are determined.
The biggest unknown quantities are for grading and topsoil. The
imporvements to the parking lot, constructed in August, resulted
in a large quantity of material that was "spread" in the south
east and northeast areas of the undeveloRed portion of the site.
Because of this a topographic survey must be done to determine
exactly how much dirt must be moved and shaped on the site.
Also the site has no topsoil. Black dirt/topsoil mu�st be brought
onto the site. Approximately four inches (min.) must be spread
and tilled into the outfild and side line areas which equals
2.3 acres in size. Black dirt prices vary due to availability.
and trucking costs depend on distance of haul. To purchase the
dirt, haul it to the site and spread it can cost from $8.00 to .
$15.00 per cubic yard. For this estimate I used $10.00.
Estimate
Grading...,..Est. 7500 cu. yds dirt moved.......$
Topsoil Est. 1250 cu. yds. In place........
Till/rock pick turf areas - approx. 3 acres.....�
Ag Lime infield areas - 4 inches x 2500 sq yd
Seed, fertilizer, and sod strip - 2.3 ac.@ $1800
Backstops 2-16' high by 10'/20'/10' (40' long)
Protective fence by pl�ayers benches .............
Players benches 4 @ $500 each ..................
Home plate, base supports, and foul poles.......
Engineering, inspecting, survey 15�
Contingency 10�
Legal ( Paster agreement)
15,000
12,500
2,000
4,500
4,000
4,000
1,800
2,000
1,200
$ 47,000
7,000
5,000
1,000
$ 60,000
A minimun development cost could be $ 50,000, but for this to
happen grading quantities must go down, black dirt costs
must be •low, and contingency costs low.
0
�
�
1� �
CITY OF MENDOTA HEIGHTS
TO: Mayar, City Council and City Adminis
FROM: 7ames E. Danielson, Public Works Director
SUBJECT: Dadd Road Trail impmvement
DISCUSSION•
Attached %s a letter from J`ann Blesener, 848 Mendakota Court, requesting t
complete t�rrail improvements to Dadd Road adjacent to the shopping center. LTpon
request I asked Guy Kullander to eomplete a feasibility study of the project to dete�
the project and a cost estimate (see attached). Ia his study Guy discovered tha.t bec
deep drainage ditch that �s locateti at the intersection of Dodd Road and Tnink Hig
project will be very expensi�e.
Park and Recreation Commiccion Review
The Park and Recreation Commission reviewed the request at their
supparted the requesi. �
�undin�
I believe that the City could be successful in obtaining same of the funding i
fmm Mn/DOT out of their Cooperative Constructian Agreements Progrd.�m. I have
the procedures for making the request. The City's partion of the costs coald came
District. This expenditure would be consistent with our recent TII� expenditure to i
and from the Mendota Plaza. Shopping Center.
RECQMMTi�TDATIQN:
1h, 1995
the City
eiving the
ae the scope of
s of the steep,
�y 11Q, the
meet�ing, and
#bis project
ached a copy of
m the TIF
�mve access to
This trail route is we11 used and is strategically Iocated in the center of the C ty. It would be
very heipful to have the trail widened and lengthened far safety reasans. I recomm nd that the City
take the steps necessary to apply to Mn/DOT for funding assistance uader their Coo raave
Canstsnction Agreements Program.
ACTION F;EOUIR�D;
Review the requesi and then if Council desires to implement the recomme�
to prepare the appropriate resolution for submissian to Mn/DOT far funding assis
Cooperative Constniction Agreements Pragram. Jann Blesener wili be present to
with Council. _
n, direci s�taff
under their
ss her request
JANET B. BLESENER
848 Mendakata Court
Mendota Heights, MN 55120
(612) 454-1811
August 28, 1995
Thomas Lawell, City Administrator
City of Mendata Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Re: Pedestrian and Bicyclist Safety Hazard on Dodd Road
I am writing to request that the City Council of Me�data.Heights take action to correct the pedestrian and
bicyclist safety hazard that exists along Dodd Road north and south of Highway 110.
'Ihere is no safe way for a person on fnot, on a bicycle, or on rollerblades to travel b�ween the north and
south sides of 110 in the vicuuty of Dodd Road. (Lexingt� and Delaware are too far from Dodd road to
divert the useis to �ose crossings.) The sibiatian is pa�ticularly dangerous between Soud� Plaza Drive and
I�ighway 110. Residents walking or on bikes or rollerblades frequeatly compete with the vehicle traffic for
the outside driving lanes. The minimal trail that exists bel.we� t�e gas stati� and 110 has eroded and
narrowed to the point that it is hazardous to walk or ride on. A fall to �e side from the 3' wide "catwallc"
means a 20' or more drop into a deep water filled ditch, and a slip in the a�kher diracti� means a fall
directly into a fast moving lane oftraffi�c. This is a situation where a serious accid�t is `�raiting to
�PP�".
I have lived 'm Mendflta Heights for 18 years, and have lived on both the nordi and south sides of Highway
110. I havoe observed t�e increasingly heavy use of the network of trails that the City has constructed:� But
I recall that eveu at the time the trails were built it was acl�owledged that �ere was a significant missing
link in the system: namely the Dodd/110 crossing. The situation co�tinues to get warse. 'Ihe volume of
vehicle traffic at the inte�on of Dodd and 110 has varied somewhat over �e years, but as the
p�ulation of the city has grown, so too has the traffic. And as more residents �gage in walldng, bikiag,
rollerblading, jogging, or just pushing a stroller, �e need for a safe crossing is more critical every day. All
ages of residents are exercising more, stud�ts warn to get to school or to frieads houses, and �hers want
to get to the store or the video shc�. Plus I understand there is a new seaior housing building proposed for
nearby that will add more users.
I suggest the staff and City Council members attempt to waltc or ride a bike &om Mendakota Park (wheie
the existing trail ends) to the inte�on of Dodd and Nordi Frceway Road The saf�.y hazards will be
self-evid�t. And if you try to do it during rush hour, it will be especially frightening!
i will be happy to appear before t�e Council to discuss this issue. Please le,t me know wh� it will be
considered. I realize that funding will be an issue, and this may be an exp�sive section of tiail to
constnict. Pe�fiaps MNDOT or tax increme�t financing are possibilities. I sincerely ho�pe something is
done soan before there is a tragic accident.
truly
Blesener
�
t
August 29, 1995
Memo to: Jim Danielson
From; Guy Kullander, Parks Project Manager
Subject: Pedestrian walkway along Dodd Rd. from Mendakota'
to Highway 910 and Highway 11Q to Freeway Raad
Tn-respanse ta a citizens inquiry I was d.i.rected to prepa'
a raugh estimate oE costs to canstruct an eight foot wide
bituminous walk from Mendakota Park north to Freeway Road
The project is broken into two segments. Mendakata Park
Highway 110 and from Highway 110 to Freeway Road.
Because this walkway along Dodd Road addresses access and
issues it i� probable that MnDOT would participate in the
of this proaect. '
DESIGN j CflST ESTiMATE
A preliminary design 3ayaut and rough cost estimates are
on the attached plan sheets. "
It is not known what percentage of the total'cast would
covered by MnDOT at this time nor if-�the project was to
3.f it wauld be a City project partially funded by MnDOT
MnDqT improvement project with the City sharing part of
RECC3NIMENDATIt�N
safety
cost
�llustrated
ceed �
a
cost.
If CounCil wishes to praceed with this impravement a meet�.ng
shou].d be arxanged with MnD4T as soon as possible to dete mine
the cas� sharing percentages far both �he City and MnDQT.
MnDOT has indicated that it wil.l be constructing a turn 1 ne
off Hwy. '110 to serve the Crown Paint neighborhood and wi 1 be
overlayi�g the bituminouse surfaces on Highway 11Q. The w lkway
a.mprovement witli ihe required starm sewer wark, shou3der
widening with fill materials, and concrete curb/gutter an�
asphlate work could be done by MnDOT with the other plann d
improvements on Hwy.110.
Early caordination with MnDQT wouZd give them time to
bur desired improvements with their design plans which
be bid next spring.
ude
� s
September 14, 1995
To: Jim Danielson
From: Guy Kullander
Subject: Trail on Dodd Rd. at Hwy. 110
If Council wishes ta proceed with improvemenis to the t�a
aiong Dodd Rd. they must first follow �he MnDOT pracedure
as described below. •
AttacbmGnt t� Tochnicai 11�km�andum 9�-32-FS-04
MII�t1V�SOTA DEPARTNIENT,QF TRA1�tSPORTA'
PRO►CEDURFS FG1R CUOPERATTYE CONSTRUCTIQN
�VIT�i 1�ziJNICIPALITICS
STEP 1 2.2 Develapm�t of �Cooperaiive Constructioa A►greeraents. F.ach
[1---�j► ' P�.lecx nnust be ''untia�ed by a resolution which is adopud by th� govR
� municipality and which� docs ono af the followi,u�
Requests that urxprovaneats be made by the State andlor indicat� the
willingness to share in the cast of a StaLe project.
• Indicazes the mnaicipality's in�ion �a► iiiab� oertain improv�nneats a�d
P��PSfioII ID the muili�a�t pm,�Ct '
lway
�3tive t�nstcuction
bod.y of the
Y:II Y• Y�
Thc nsaiutioa must state ihe type and vmits of the d�,sirai impmv�uats inci��dc any
othcr na�s�ry deta�s. The �paIity shall trans�mit a copy af the resol ' n to the �
ciisarict. The district must ti�n�ait a copy of this resahttian to the ivtnaicip Agrcemenrs
Enginxr prior to pr+cparaxion of the aoopr.�tive consauctian agrceaunt
During th� early stages of plan prcparation for a project which incl� perative
STEP z consrructioa, the desigaer shoutd a�at with the Mmaicigal A�ts En tA dCtCt'tilu2C
G'� the cast participation for the pmjccL Any questions wbic�t arise at diis ' can bc resolvai
well befora tht ieuing, without affe�ing the pragc�ess of ihe projt�
At thc titae thc cast pazticigation is dot�smined, the a;pgra�riat� methad� af mputing c�st •
shares, as descn`t�ed in Sa:tion 23, shonld be identifia3. Tbis w�l sir�plify tha tabulation of
quantities ia ti�a plaa, and minimiu the number of rGvisians which wili ba r„odcd during the
r�view of the plan aad the prcparation of the agc+�emr,nt
Thc Sratc will pnpana the na�arp cooperative cons�ratt;tiian agir.aneat for
impravca�nt aad sead the agr�t to the mnnicipaIity far execntion Frn
whcther adinini.soaed by thc SLaaDe or a muaicipaliiy, tfie a�t must be
mwu.cipatity bafore bids aze opcaed far tha progosed constcuction projc�et, a
musi be fiilly cxecntcd beftme Lhe contracx is awardod. If a anmi��i�► is �
contracr, the State must cancur in tha awatd bcf�me cansuuctian begu�s.
the proposcd
� P�3�•
sign�d by the
�d the a�i
a► administac the
b
CITY OF MENDOTA HEIGHTS
1��M0
TO: Mayor, City Council and City Adminis
FROM: James E. Danielson, Public Works D' r
SUBJECT: Paster Payment Request
DISCUSSION:
1
� On June 6, 1995 Council agreed to participate with Paster Enterprises in
improvements for the Mendota. Plaza Shopping Center. The City's finaacial pa�
for storm water aad safety purposes and was not to ex�' $200,0{}0. Only cei
be eligible. A Developer's Agreement was drafted that established all the terms
appmval.
The project has now been substantially completed and Paster Enterprises
request for reimbursement. Not all costs have yet been billed, however, all the
completed and final billing will exceed the $400,000 total project minimum. T�
of eligible City participation costs billed. Paster Enterprises has submitted the f
documentation as provided for within the agreement:
� .
; 1. Reimbursement Request
� 2. Certificate of Completion --
, 3. Pay Estimate - Cost Breakdown ,
3 4. Lien Waiver
� 5. Pay Quantities Breakdown
� 6. Change Orders �
; 7. Copies of invoices from consultants were submitted but are not inclu�
, memo
�
' The coniract called for the City to reimburse Paster Enterprises in two $100,
however, because of the short duration of the project only one payment is required.
�
RECONIlVIENDATION:
All the terms of the Developer's Agreement have been met by Paster Enterp:
allow for payment of the City's $200,000 participation in the project and I recommE
be authorized.
14, 1995
dng 1ot
�ation was to be
pay items would
conditions of the
submitted a
k has been
are over $200,000
with this
payments,
s that would
that payment
Review the Mendota Plaza Project and then if Council desires to implement e
recommendation, pass a motion approving payment of the City's $200,000 particip 'on to Paster
Enterprises as requested.
JED:dfw
a
� •
DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS
2227 University Ave. • St. Paul, MN 55114-1677 • 612-646-7901 • Fax 612-646-1389
September 14, 1995
CENTRAL PLAZA
45th & Central Ave. N.E.
Minneapolis, Minnesota
CRYSTAL SHOPPING CENTER
Bass Lake Road & West Broadway
Crystal, Minnesota
DODDWAY SHOPPING CENTER
Smith & Dodd Road
West St. Paul, Minnesota
Mr. Jim Danielson
City of Mendota Heights
7101 Victoria Cunre
Mendota Heights, Minnesota 55118-4167
RE: Mendota Plaza Improvements
Mendota Heights, Minnesota
Dear Mr. Danielson:
As per Section 3.1 of the City and Developer's Agreement for the
Mendota Plaza Site Improvements, enclosed please find an executed
coQy of the Contractors Pay Estimate No. 1 showing work completed
through August 29, 1995. This estimate includes all of the removal
LEXINGTON PLAZA SHOPPES work, construction of the storm sewer system and bituminous
Lexington & Latpenteur
Roseville, Minnesota pavement.
MENDOTA PLAZA
State Hwy. 110 & Dodd Road
Mendota Heights, Minnesota
MOUNDSVIEW SQUARE
Hwy. 10 & Long Lake Road
Mounds View, Minnesota
In accordance with Exhibit B of the City and Developer's Agreement
the eligible city construction costs total as follows:
Mendota Mall Costs
1-4. Mendota Plaza Site S 85,333.25
5. Right Turn Lane
6. Engineering Fees
7. Landscape Architect
8. Site Supervision �
9. Landlord Counsel Fees
TOTAL
0.00
6,991.39
0.00
0.00
0.00
S 92,324.64
Eligible Ci Costs
$1.75,236.18
8,512.75
12,984.02
2,060.00
5,000.10
3, 500.00
�207,293.05
NORTHWAY SHOPPING CENTER W�th the enclosed Pay Estimate, together with lien waiver from the
State Hwy. 23 & Woodland Contractor, we respectfully request reimbursement for final payment
Circle Pines, Minnesota Of $ 2�0,�0�.�0.
Thank you for your assistance in this matter.
SIBLEY PLAZA
West 7th Street & Davern Sincerely,
St. Paul, Minnesota
PASTER ENTERPRISES
SOUTHVIEW SHOPPING CENTER � r `
Southview Blvd. & 13th Ave. S
South St. Paul, Minnesota John H. Streeter
Construction Manager �
iR►�es�k�ec af
JHS/la� ��terna�ian�i Gaut�e;t
1�'` t�f Shs��pinr��CAr�t�r�
.�
BO 1—TON �. t�/I � N K,
Consulting Engineers & Surveyors
1515 East Highway 13 • Burnsville, MN 55337-6857
� - Phone (612) 890-0509 • FAX (612) 890-8065
CERTIFICATE OF CONSTRUCTION
Mendota Plaza Site Improvements
Mendota Heights, Minnesota
I
OWNER: Mendota Mall Associates
2227 University Ave. �
St. Paul, MN. 55144
CONTRAGTOR: Bituminous Roadways, Inc.
9050 Jefferson Trail
Inver Grove Heights, MN. 55077
CER'I'IFICATION:
�
I, Ronald A. Roetzel. P.E. do hereby certify that the costs to date totaling
1
have belen incured in connection with the construction of th.e Mendota
Imvroveinents AND that of the total costs to date , Mendota Mall Associates
I
costs of 207 293.05 which is Eligible City Costs as set forth on Exhibit B of t
Developer's Agreement dated June 21, 1995.
Date:
Signed:
Ronald A. Roetzel, P.E.
Project Engineer
NIANKATO, MN FAIRMONT, MN - SLEEPY EYE, MN .::�: -. BURNSVILLE, MN ,.�.:=: AtVIES,
' . -- • • - � An Equal Opportunlly Employer . � ... , � , � . -
C_
incured
City and
A� = LIBERTY, MO
Description
MENDOTA PLAZA SITE IMPROVEMENTS
PAY ESTIMATE NO. 7- WORK THRUOUGH 8/29/95
Projected Mendota Mall Eligible City Amourrt This Mendota Mall
Costs Costs Costs Estimate Costs City Gosts
1. Construction of
Storm Sewer $167,27280
Bid Items: 2,3,4.5�6,7,8,9,
10,11,12,13,14,15,20�5,
38�2,44
a Mobilization $11,300.00
Bid item #1
2 Construction of
Parking Lot
Bid Items: 16,17,18,19
3. Site Lighting
Bid Items: 6�7�36,37
4. Landscaping
Bid Item #43
5. Right Tum Lane
on Dodd Road
Subtotal
Change Order #1
Change Order #2
New Corttract Total
Additional Costs:
6. Engineering
7. Landscape Architect
8. Site Supervision
9. Mendota Mall Counsel Fee
$0.00 $167�27280 $164,231.68 $0.00 ` $164,231.68
$5�3Q0.00 $6,Q00.00 $11,300.Q0 $5�300.00 $6,000.00
d
$85,37250 $85,372.5U $0.00 $78,92325 $78�92325 $0.00
$42,645.00 $21,32250 $21,3?2.50 $2,220.00 $1,110.00 $1�110.00
$39�400.00 $0.00 $39.400.00 $0.00 $0.00 $0.00
$11,348.50 $0.00 $11,348.50 $8,51275 $0.00 $8,51275
$357,338.80 $111,995.00 $245,343.80 $265�187.68 $85,333.25 $179,854.43
$1,514.50 $0.00 $1,514.50 $1�514.50 $0.00 $1�514.50
$2,380.00 $0.00 $2,380.00 $2,380.00 $0.00 $2�380.00
$361,233.30 $111�995.00 $249,238.30 $269,D8218 $85,333.25 $183,748.93
$37�280.00 $13,048.00 $24,232.00 $19,975.41 $6,991.39 $12,984.02
$5�000.00 $0.00 $5�000.00 $2,060.00 $0.00 $2,060.00
$10,000.00 $0.00 $10,000.00 $5,000.10 $0.00 $5,000.10
$3,500.00 $0.00 $3�500.00 $3�500.00 $0.00 $3�500.00
$417,013.30 $125,043.00 $291,970.30 $299,617.69 $92,324.64 $207,293.05
y *
i
�
RECEIx'T AND WAI�'E�, 0�' NY�C�ANIC'� LIEN RIGHT�
���r�7i � � •S`P,� f'Plll}"1PY` � �� � 1� r
Thci urider�i�ned h�reby ac�nawied�e� rcceipt of the �um of ��aa
CY��Ci{ ONL"Y Oi'�1E Six-Hundred Twoenty Eight and 07/100
� �
($255;628:Q7)
1) x� I ae partiat payment for I�bor� �kill �nd m�t�erial furnished
2) �
ao p�yment for ali tabor, sk�11 �nd mate�at furnished or to bo furn9ehed
� - retaina�a ar holdback)
�i) �� nN full and final payment for all labor, okill and matarial furnieh�d or to
ttf f�he fc�llciwin� deacribed 1ceal propet�ty, {le�al d�scriptian, �treet addre�e ar projeat n
Mendota Plaza Site Zmprovenen�s - 1995
�
Mendota Heights, Mi�I
and far va2ue reo�iv�d h�reby waive9 alt x�ght� ac�uired by the underai�ned to fite ar x
againet aaid re�l prop�rty !or labor, ekill or mAtaerial fu�rt�iahed to ��id r��l praperty (onl�
$ox 1!a checked� and exc�pt for reiains�e ehawn if Box � i� ch�ck�id}. The und�rsigned a
furniehed by the underei�ned haa been paid for, �nd �ll �ubcc►ntractore employQd by the
paid in futl; FXCEPT: This lien waiver is cant3.ngent upon the receipt of $:
the check�; far such amount being Y�nared by the bank tapon which it is dr;
., 1.,� I .
� ,
1
NCYTE: If thie inatrumez�t is Q�cecuted by a cor-
poratton, it must b� ei,�ned by an of
�ce'r, and if executed by a partnership,
it mu�t b� af�n�d by: p*rtner.
��.�. .�.. _
the eum of
�ard mechartic's liane
for the amaunt pAid if
firm� that alt materFal
inder�igned have been
�55, 628. C?7 a.nd
C !'# `�i�i j �� t�
: �F�� ' �i,��t��* �
`� � �
•.� � - . � �
Inver Grave Hei€
���
� ONTRACTORS PAY ESTIMATE
MENDOTA PLA71� SITE IMPROVEMENTS - 1995
MENDOTA HEIGHTS
BMI PROJECT NO. TC94.0065
PAY �STIMATE NO. '�"1 .
: :: :......::..:..:.. . :. . . .
WORKCO,MPLE'fEi3 7EiROUGH: ;.. Q8,/2..9/���. '
ULE A: SITE IMPROVEMENTS
1TEM
NO:.
; 2021.501
= 2104.501
3 21oa.so�
t 2104.509
� 2104.509
a 2104.509
7 2104.509
`4 2104.513
7 2104.525
c 2105.501
� 2105.525
2 2105.b21
i3 2105.525
`� 2105.643
5 ���.�01
4 2341.b08
7 2331.521
t 0231.846
5 2357.502
2411.505
-� 2411.505
' 2503.511
d 2503.511
`l' 2503.511
= 2503.b11
i 2503.511
7 2506.501
s 2506.501
`� 2506.518
� 2503.572
i 2506.522
L 2511.501
3 2521.501
(- 2531.501
e 0531.801
v 2545.517
� 2545.b11
9 0563.60t
q 2564.531
O 0564.602
N 0564.603
�. 0564.603
E 2571.550
0573.503
ITEM
MOBILIZATION
REMOVE CONCRETE CURB & C3UTTER
REMOVE SEWER PIPE
REMOVE CB STRUCTURE
REMOVE PIPE APRON
REMOVE AND SALVAGE LIGHT POLE AND FIXTURE
REMOVE LJGHT POLE FOUNDATION
SAW BITUMINOUS PAVEMENT
PLUG 12" CMP
COMMON IXCAVATION (F�
SUBGRADE CORRECTION (E1�(1)
COMMON BORROW (ON-SITE� (E�
TOPSOIL BORROW (L�
STABIUZING AGGREGATE
AGGREGATE BASE CLASS 5 (P)
BITUMINOUS WEAR COURSE/ OVERLAY
BITUMINOUS BASE COURSE
BITUMINOUS JOINT REPAIR (7)
BITUMINOUS MATERIAL FOR TACK COAT
b" REINFORCED CONCRETE SIAB
8" BLOCK WALL AND FOOTINGS
12" HDPE PIPE SEWER
18" HDPE PIPE SEWER
24" HDPE PIPE SEWER
24" RC PIPE SEWER
30' HDPE PIPE SEWER
CONST DRAINAGE STRUCTURE DES H
CONST DRAINAGE STRUCTURE DES C/G
CASTING ASSEMBLY (STORM SEWER)
ENERGY DISSIPATER-SURGE BASIN
ADJUST IXISTING MH OR VAWE BOX
RANDOM RIPRAP, CLASS N
4"CONCRETE WALK
CONCRETE CURB & GUTTER DESIGN 8618
CONCREfE CROSS GUTTER
LIGHTING UNR - 2 HEAD
LIGHTING UNIT - 3 HEAD
TFtAFFIC CONTROL
FURNISH & INSTALL SIGN TYPE C
PAVEMENT SYMBOLS
4° SOLID UNE YELLOW-PAINTED
24" SOLID UNE WHITE-PAINTED
IANDSCAPING
SILT FENCE, PREASSEMBLED MOD. (1)
CHANGE ORDER NO. 1:
2104.501 REMOVE DRAIN FIELD
2105.501 COMMON IXCAVATION
2503.b11 12" HDPE PIPE SEWER W/ 2 APRONS
CHANGE ORDER NO. 2:
2104.509 REMOVE AND REPLACE CONCRETE PED RAMPS
2502b41 4" PERFORATED P.E. PIPE DRAIN
2503.511 30" HDPE PIPE SEWER (PERFORATED WITH ROCfQ
CU YD (L� = Cubic Yards, Loose Volume
CU YD (C� = Cubic Yards, Compacted Volume (Measured in Place)
CU YD (E� = Cubic Yards, Excavated Volume (Measured in Place)
(P) = Planned Quantity Basis of Measurement
(1) = Not SubjectTo MNDOTSpec 1903
UNIT
PRICE.
�11,300.00
$1.00
$5.55
a166.50
$100.00
$660.00
a60.00
$1.10
$100.00
aa.so
$5.35
$1.00
�925
$15.00
�720
a21.75
$16J5
so.�
a1.00
$4.75
a48.50
a2220
$2555
a35.00
a4220
a45S0
$20425
�186.50
a275.00
$1,165.50
$200.00
$5550
$2.75
as.00
a4.40
$5,005.00
�5,330.00
$3,775.00
$19.00
�22.00
a0.18
a�.o�
39,400.00
�2.00
1.00 LUMP SUM
1215 UN FT
295 LIN FT
2 EACH
3 EACH
3 EACH
4 EACH
750 UN FT
1 EACH
5740 CU YD
800 CU YD
500 CU YD
175 CU YD �
100 TON
4660 TON
2155 TON
2055 TON
a000 uN Fr
1200 GALLON
soo sQ Fr
120 LIN FT
140 UN FT
200 LIN FT
395 LIN FT
185 LIN FT
455 LIN FT
12.0 LIN FT
38.0 UN FT
7 EACH
1 EACH
5 EACH
10 "CU YD
300 SQ FT
is2o uN �
520 SQ FT
7 EACH
1 EACH
1.00 LUMP SUM
46 SQ FT
7 EACH
85Q0 LIN FT
55 uN �
1 LUMP SUM
400 LIN FT
$80.00 1.50 HOUR
a4.50 111 CU YD
$22.00 40 LIN FT
$270.00I 4.00 EACH
$2.00 250 UN FT
�40.00 20 LIN FT
gIQ
, .::..... ...
�MQCIi�IT
$11,300.00
�1,215.00
$1,63725
a333.00
$300.00
$1,980.00
�240.00
�825.00
$100.00
$25,830.00
$4,280.00
$500.00
�1.618J5
$1,500.00
�33,552.00
$46,871.25
$34,42125
$2,880.00
$1,200.00
$2,�s.ao
$5,820.00
$3,108.00
$5,710.00
$13,825.00
$7,807.00
$20,702.50
�2,451.00
$7,273.50
$1,925.00
$1,165.50
$1,0OO.OU
$555.00
$825.00
$12,160.00
$2,288.00
$35,035.00
$5,390.00
$3,775.OU
�874.60
$154.00
$1,530.00
�58.30
�39,400.00
5800.00
a135.00
a499.50
$880.00
$1,080.00
$500.00
5800.00
$0.00
$0.00
yo.00
ao.00
a0.00
�0.00
�0.00
$0.00
a0.00
$o.00
$0.00
$0.00
$0.00
$0.00
$0.00
�0.00
�0.00
$o.00
$0.00
$o.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
a0.00
a0.00
�0.00
ao.00
$0.00
$0.00
$0.00
$0.00
�0.00
$0.00
$0.00
a0.00
$0.00
$0.00
a0.00
yo.00
a0.00
$0.00
1
918
140
2
3
3
4
361
1
5740
2323
1137
0
0
4660
2155
1824
0
1500
0
89
140
196
381
135.0
452.0
3.7
52.8
8
1
e
10
242
1501
327
0
0
7
0
5
6375
0
0
338
PAGE 1
TE
�11,300.00
$918.00
$777.00
$333.00
$300.00
$1.980.00
�240.00
$397.10
$100.00
$25,830.00
$12,428.05
ffi1,137.00
$0.00
$0.00
$33,552.00
$46,87125
�30,552.00
$o.00
$1.560.00
$o.00
$4,801.50
$3,108.00
�5,007.80
�13,335.00
$5,697.OU
$20,56B.00
�755.73
$9,847,
$2,200
$�.�ss.5„
$1,600.00
$555.00
$665.50
$12,008.00
$1,438.80
$0.00
$0.00
$3,775.00
$0.00
$� � o.ao
$1,147.50
So.00
• $0.00
$676.00
a0.00 1.5 $135.00
$0.00 111 $499.50
�0.00 40 $880.00
0.00 1,514.50
$0.00 4 $1,080.00
$0.00 250 $500.00
$0.00 20 �800.00
. . �
CONTRACTORS PAY ESTIMATE
� I
DODD RQAD TURNING tANE EMPRt3VEMENTS
MENDOTA HEIGHTS
BMI PROJECT NO. TC94.0065
ESTIN(A7E.[�1Q'.. i:..`� . .... .. ' ` 7 .
4.,..ACCGClMP'L6FEfl"THROCIGH .......... .:.::. �'s;; ;t38l29J9S`
..........�..: .....::... .:.:.::..................
:: .....
I
SCHEDULE B: DODD ROAD TURNING LANE IMPROVEMENT
;: . .:..
. .. ...: .. .. .... ...: .;:;; : . ... :::::. ...:.; ..:...:.::. . . .
' . :3`.:.
. . .. ....:. . . ,>.::
� �'�'ENt;:;�: , ,. ...:�.:.`. .
:: . .:... . ;
. ... :.:.: ::::..
Nd;,:'`:.� ;; :::�'i'�N'I . ..
2021.501 MOBILIZATION
2104.5i)1 REMOVE CONCREfE CURB & GUTTER
2iQ5.5Qi CC}MMOt+! EXGAVATt4N {P}
2105.525 SllBGRADECORRECTtON (EVj{i}
2105.525 TOPSOILBORROW (L�(1)
2145.521 COM{UiON BORROW {ON-SITE} {Ei�}
2211.�a01 AGGRECaA'fE BASE GE.ASS 5 {P}
2331.508 BITUMINOUS� WEAR COURSE, TYPE 41
2331.514 B(TUMtNOUS BASE GOURSE, TYPE 31
2357.502 817UM[NOUS MA'i'EREAl. FOR TACK CQAT
2531.5Q1 CONCRETE CURB & GUTTER DESIGN 8618
0563.6Q1 TRAFFIC CONTROL
2564.531 FURNISH&#NS3'AU.SIGN'€YPEC
0564.642 PAVEMENT SYMBQLS
0564.603 4" SOUD UNE WHITE-PAfNTED
$t 00.04
$0.10
$4.3s
$5.35
$9.25
$l.OQ
$7.20
$21.75
$16.75
$1.00
$8.W
$540.00
�19.{it?
$22.00
$0.18
1.00 LUMP SUM
380 UN FT
260 CU YD
5d CU Yd
250 CU YD
54 CU YQ
215 TON
45 TON
100 T(aN
20 �A��ON
320 LIN FT
1.00 LUMP SUM
625 SQ Fi
1 EACH
150 LIN FT
$1 Q0.00
$38.00
$1,131.4Q
$267.50
$2,312.50
$5U.04
$1,548.00
$978.75
$1,675.00
$2t}.40
$2�560.00
$50Q.00
�118.75
$22.00
$27.00
i
0
2&0
0
a
0
2i 5
45
SOQ
20
320
1
0
0
0
PAGE 2
$100.00
$0.00
$1,131.00
$0.00
$0.00
$Q.40
$1,548.Od
$878.75
$i ,675.00
$20.00
$2�560.00
$800.00
$0.00
�0.00
$0.40
CONTRACTOR RECAPITULATION
�
TOTAL, COMPLETED WORK TO DATE ......................................................................
RETAINEDPERCENTAGE ( 5% ) ................................................................................
TOTAL AMOUNT OF OTHER PAYMENTS OR (DEDUCTIONS) .................................
NET AMOUNT DUE TO CONTRACTOR TO DATE ......................................................
TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES ..................................................
PAY CONTRACTOR AS ESTIMATE NO. 1 .............................................................
Cert'rficate for Partial Payment
PAGE 3
$269, 082.18
($13,454.11)
$255,628.07
$0.00
$255,628.07
I hereby certify that, to the best of my knowledge and belief, all items quantities and prices
of work and material shown on this Estimate are correct and that all work has been
performed in full accordance with the terms and conditions of the Contract for this project
between the Owner and the undersigned Contractor, and as amended by any
authorized changes, and that the foregoing is a true and correct statement of the
contract amount for the period covered by this Estimate.
Contractor:
By
BITUMIN S ROADWAYS, INC.
�
Title
Date -�
CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT:
BOLTON & MENK, INC., ENGINEERS, 1515 EAST HIGHWAYI3, BURNSVILLE, MN., 55337-6857
gy �% : , PROJECT ENGINEER
Ronald Roetzel, P.E.
Date 9--�z: - P s�
APPROVED FOR PAYMENT:
O
�
And
Name Title Date
. �.
CHANGE
ORDER
AIA DOCUNIENT G701
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
PROJECT: �parking Lot Redevelopment
(name, address) 'Mendota Plaza Sho in Center
; PP � g
�Mendota Heights, Minnesota
TO CONTRACTOR:
(name, address) �Bituminous Roadways, Inc.
;9050 Jefferson Trail West
;Inver Grove Heights, MN 55077
The Con[ract is changed as follows:
1'1
i:�
�:!
■
■
CHANGE ORDER NUMBER: 1
DATE: 9-6-95 �
X4��(�R& PROJECT NO: MP-2g
CONTRACT DATE: 7-19-95
CONTRACT FOR: Parking Lot Im�
Furnish and install a 12" PVC culvert with aprons at
South.Plaza Drive as directed.
�
Additional cut as required to achieve revised 854 contour
elevations (revision on 7/26/95). 111 CT (CV) @$4.50/CY
� -
Komatsu PC 220 Blackhoe time to remove drain field.
1� hours @ $90.00/hr. �
Total This Change Order
Not valid until signed by the Owner, Architect and Contractor.
The original (Cont I t Sum) (Guarantecd Maximum Price) was . . . . . . . . . . . . . . . . . . . . . . . . f
Net change by previously authorized Change Orders . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . S
The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was .......... S
The (Contract Sum): (Guaranteed Maximum Price) will be (increased) (decreased)
(unchanged) by this Change Order in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . S
The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be .. S
The Contract Time will be (increased) (decreased) (unchanged) by
The da�e of Substanaal Compledon as of the date of this Change Order therefore is
$8 0.00
$4 9.50
$1 5.00
$1,5 4.50
357,338.80
0.00
357,338.80
1,514.50
358,853.30
NOTE: This summary does not reflect changes in the Ccmtract Sum, Ccmtract Time or Guaranteed Ma�imum Price n•hich
Cons[ruaion Change Directive.
� --A-� tl�m� 710US Rnadwa�s� Inc
ARCHITECI' CONTRACTOR
ROSO Jefferson Trai.l West
Address Address
�
BY � BY c _.
DATE I DATE ��///9 �
nts
( p ) days.
been authc>rized b}•
2227 tiniversit Avenue
Address
BY
DATE �
I
i � CAUTION: You should sign an original AIA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents re reproduced.
�
AIA DOCUMENT G701 ;• CHANGE ORDER • 19F37 EDITION • AIA� • �019£37 • THE
AMERICAN WSTITUTE OF ARCHfTECTS, 1735 NEW YORK AVE, N.W.. WASHINGTON, D.C. 2(XNKi
WARNING: Unlicensed photocopyfng violates U.S. copy�ight taws and is sub{ect to legal prosecutfon.
G701-1987
CHANGE
ORDER
AIA DOCUM6NT G701
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
PROJECT: Parking Lot Redevelopment
(name, address) Mendota Plaza Shopping Center
Mendota Heights, r9�t
TO CONTRACTOR:
(name, address) Bituminous Roadways, Inc.
9050 Jefferson Trail West
Inver Grove Heiglits, MN 55077
The Contract is changed as follows:
.
■
.
�
■
CHANGE ORDER NUMBER: 2
DATE: 9-6-95
���tSPROJECT NO: MP-29
CONTRACT DATE: 7-19-95 '
CONTRACT FOR: Parking Lot Improvements
Furnish and install 250 l.f. of 4" perforated pipe with sock $ SS0.00
Remove and replace 4 ped ramps $1,080.00
Perforate 30" HDPE pipe (includes filter aggregate, fabric, etc) $ 800.00
Sewer contractor down-time due to watermain� conflict
2 hours @ $350.00/hour
Total TTiis Ch.ange Order
Not valid until signed by the Owner, Architect and Contractor.
The original (Contract Sum) (Guaranteed Maximum Price) was . . . . . . . . . . . . . . . . . . . . . . . . i 35 7, 388 . 80
Net change by previousty authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 1, S 14 . 5 0
The (Contract Sum) (Guaranteed Maximum Price) prior to [his Change Order was .......... S 35 8, 85 3. 30
The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased)
(unchanged) by this Change Order in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 2 , 380 . 00
The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be .. S 361, 233, 30
$--�AB.-AA--
$2,380.00
The Contract Time will be (increased) (decreased) (unchanged) by ( p ) da}•s.
The date of Substantial Completion as of the date of this Change Order therefore is
NOTE: This summary dcx�s no� reflect changes in the Contract Sum, Cc�ntract Time or Guaranreed M:iximum Price n•hich have been authorized h�•
Coaticruccion Change Direcdve.
ARCHITECT
Address
BY
DATE
Bituminou� Roadways, Inc.
CONTRACCOR
905� f son T ai 1 W.s
Address
Inver Grove H s, MN 55077
BY --
DATE �1 / i'I I �7S
Paster Enterprises
OWNER
�227 iTni v. si t� Avenue
Address
St. Paul, MN 55114-1677
BY �
DAT '9"% � "�L��
�� CAUTION: You should sign an original AIA document which has this caution printed in red.
An original assures that changes will not be obscured as may occu� when documents are reproduced.
AIA DOCUMENT G701 • CHANGE ORDER • 1�Fi7 EDCi70N • AIA� • �01987 • THE '
AMERICAN INSTITUTE OF ARCHITECI'S, 1735 NEW YORK AVE., N.W., VG'htiHItVGTON, D.C;. 2(NxX G701-1987
WARNING: Unlicensed photocopy(rtg violates U.S. copyright laws and is subject to legal prosecution.
;-
TO:
FROM:
(
SUBJECT:
CITY OF MENDOTA HEIGHTS
MEMO
Mayor and City Council
Tom Lawell, City Admini
September 15, 1995
Discuss Deer Overpopulation Concerns
INTRODUCTION
(
The City was recently approached by Kathleen Ridder, 1744 Dodd
with a�request that the City once again authorize a limited deer hunt witl�
City boundaries. As you know, in recent years the Twin Cities metropol�l
has experienced a dramatic increase in its deer population, and the City c
Mendo.ta Heights, with its abundant open space, has attracted more than�
share of the deer population. Maintenance of a manageable deer herd wi
periodic limited hunts, hence Ms. Ridder's request to reauthorize a hunt fi
the Somerset Area of the City.
(
BACKGROUND
In February of this year, the City Council approved a limited deer h
private�property at the request of nine land owners. This hunt was limitel
87 acre tract of land in the Somerset area bounded by Dodd Road, Wentl
Avenue, Delaware Avenue, and Marie Avenue. The hunt itself was coorc
a group known as the Metro Bowhunter Resource Base (MBRB) and consi
bow hint conducted from elevated tree stands shooting over bait.
Because this prior hunt was undertaken outside of the regular deer
season� a Special Permit was applied for and received from the MN Depa�
Naturali Resources. The permit authorized a total take of ten deer, nine o
were a i tually taken. A copy of the MBRB report on the prior hunt is atta
DISCUSSION �
�
Given the success of the prior hunt, it is suggested that the next hi
conducted along similar lines. Staff has been in contact with Jon Parker ;
DNR and Mark Graham of the MBRB to discuss the need and methodolog�
proposed hunt. Mr. Parker was asked to help us determine a reasonable i
the number of deer authorized to be taken. As described in the attached
Road,
in the
:an area
its fair
I require
iis Fall in
nt on
to an
d by
of a
hunting
tment of
which
nt be
�f the
of the
arget for
etter, he
is suggesting a target of 15-20 deer. 1 have also attached a copy of a letter
received earlier this year from Dr. Greg Lee of the Dodge Nature Center which also
addresses the deer density issue. Based on his analysis, I would recommend that
we authorize the taking of up to 20 deer in the current hunt.
Also attached you will find additional background material on the deer hunt
which was conducted between March 10 and April 15, 1995 in Mendota Heights.
Please note the inclusion of a petition from nine affected property owners, and a
copy of a map showing the subject area. In terms of timing for the proposed
hunt, the actual deer hunting season runs from September 15, 1995 to December
31, 1995. Therefore, the proposed hunt could begin at any time. Although they
have already consented to deer control measures taking place on their property, I
would suggest that we hold off on starting the hunt, until such time as we have
confirmation from the affected property owners that they wish to still participate in
the program. A draft letter proposed to be sent to the affected property owners is
attached.
Lastly, attached you will find a list of the conditions/restrictions proposed to
be applied to the current hunt. These conditions closely mirror those which were
used in the prior hunt, with the exception that the use of bait would not be
allowed, and hunters would be able to keep possession of the deer taken during
this hunt, rather than turning the deer over to the DNR .
RECOMMENDATION
In order to maintain a reasonable deer population herd within Mendota ��
Heights, and to address concerns raised regarding excessive deer browsing and
damage to vegetation, public health concerns related to Lyme's Disease, and
traffic safety concerns due to accidental deer-vehicle collisions, I recommend that
we reauthorize a limited deer hunt on private property in the defined Somerset
Area, subject to the conditions/restrictions outlined in the attached Resolution.
ACTION REQUIRED
If Council desires to adopt the above r�commendation, a motion should be
made to adopt RESOLUTION NO. 95- , A RESOLUTION AUTHORIZING A LIMITED
DEER CONTROL BOW HUNT ON PRIVATE PROPERTY DURING THE 1995 STATE
DEER HUNTING SEASON.
CITY OF MENDOTA HEiGHTS
DaKOTA COUNTY, N!lNNESOTA
RESt�LUTtON NQ. 95-
RESCl�UTIQN AUTNORIZING A LIMITED DEER CONTROL BfJW HUNT Ol
PROPERTY DURING THE 1995 STATE DEER HUNTING SEASOI
WHEREAS, the City of Mendota Heights has received a request fr�
affecte� property owners to reduce the number of deer within the City c
Heights, and
�
!
WHEREAS, these property owners have expr,essed concerns regai
growing deer population and its associated negative impacts including e;
deer browsing and damage to vegetation, public health concerns related
Disease, and traffic safety concems due to accidental deer-vehicle callis
I
WNEREAS, under special permifi from the MN Department of Natu al
Resources, the City previously authorized a similar deer hunt in early 199 which
was deemed successfut, and
l
WHEREAS, the City desires to maintain a reasonable deer populati n within
fihe City boundaries, and
PRIVATE
n various
Mendota
this
Lyme's
�. atld
WNEREAS, such balance can only be achisved through regular on-
deer population control efforts.
�
NOW THEREFORE BE IT RESOLVED that the City Council authariz4
limited deer hunt within Mendota Heights between the dates af tJctober
and December 31, 1995, subject to the following conditions/restrictians:
�
1�. The City receives written reauthori2ation from each private �
� owner in the Somerset Area wishing to again participate in 1
i
2.
3.
4.
pragram.
The hunt is coordinated by the Metro Bowhunter Resource
witl certifiy and setect quaiified bowhunters attowed to part
the hunt.
A!I participating hunters must have completed and passed a
shooting proficiency test as conducted by the MBRB.
All hunters participating in the hunt shatl attend an orientati
meeting to be hosted jointly by the MBRB and the Mendota
Police Department.
�a
, 1995
se who
ate in
5. All deer shall be taken by bow and arrow in a safe and humane
manner.
6. The hunt shall be conducted from October 1, 1995 to December 31,
1995, except that no hunting shall be permitted-to occur on October
31, 1995.
7. The number of deer taken shall not exceed twenty. The MBRB will
notify the City of Mendota Heights Police Department on a weekly
basis of the number of deer taken during the previous week.
8. Deer of any age or sex may be taken, however bowhunters shall not
pass up shots at antlerless deer. .
9. All hunters must be appropriately licensed and must hold valid tags as
issued by the MN Department of Natural Resources..
Adopted by the City Council of the City of Mendota Heights this 19th day of
September, 1995.
By
ATTEST:
Kathleen M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
Mr. R. f James Gesell
1738 Dodd Road
Mendota Heights, MN 55118
Dear Mr. Gesell:
- Ci y o�
1Viendota Hei hts
September 20, 1995
- Earlier this year, you and eight adjoining neighbors requested that
deer hunt be conducted on your private property for purposes of reducin
of the deer herd in the area. As you know, this hunt occurred between I
1995 and April 15, 1995 and resulted in the removal of 9 deer from the
!
Recently the City was contacted by Mrs. Kathleen Ridder who reqi
that another limited deer hunt be conducted during this year's regular de�
season which runs through December 31, 1995. The City Council consii
request at their meeting held on September 19, 1995 and reauthorized tF
hunt, subject to a number of conditions/restrictions. One of these condii
again r`eceive your written permission to conduct the hunt on your privat�
property. A copy of the Resolution recently passed by the City Council s
forth this and other conditions is attached.
Please review this material and consider whether or not you wo�
a part of the limited hunt scheduled for October 1, 1995 through Decei
1995. If you wish to again participate, please sign the second copy of
and return it to me in the enclosed envelope.
Thanks for your consideration of this re uest. Should ou have
q Y
any kind regarding the proposed deer hunt, please feel free to call.
Sincerely,
CITY OF MENDOTA
Tom Lawell
City Administrator
Enclosures
�`� 1101 Victoria Curve • 1Viendota Heights, 1ViN • 5v118 �=-=
limited
the size
arch 10,
hunting
red this
limited
ns is to
;rnng .
like to be
er 31, ,
is letter
;stions of
=1GHTS
� . .
• 1850 "�= n: "
�
METRO BOWHUNTER RESOURCE BASE
TO: Tom Lawell, Mendota Heights City Administrator
FROM: Mark Graham Metro Bowhunter Resource Base +,I' l�'��
, -�
DATE:
SUBJECT:
May 15, 1995
1995 Deer Management Program
a
Following is a summary of results for the deer reduction program coordinated by the MBRB in
the Somerset area (properiy bounded by Dodd Road, Wentworth, Delaware and Marie Avenues)
of Mendota Heights. The city as part of an ongoing deer management program requested, and
was issued a Special Department of Natural Resources Permit (7369) for removing up to ten
deer by bow and arrow. The permit, issued in early March expired April 15, 1995.
We began our activities March 10, following a March 9 orientation meeting at the Mendota
Heights City Hall. A copy of the methodology and "hunt" restrictions for the program is '
attached. Nine deer were removed by the archers. One additional deer was hit but not
recovered. Kill data is as follows: �
Date
3/10
3/10
3/15
3/18
3/26
3/26
3/30
4/9
4/9
0
M
M
M
F
F
F
F
M
F
'=L�'_��_'
1'h
1'h
1'/s
2'/z
1 %z
3'/a
3'h
11/z
2'/z
I�'etus Information
NA
NA
NA
1M - 1F
1M
1M - 1F
1M - 1F
NA
2F
All deer were removed from the site and turned over to DNR personnel in accordance with hunt
rules and permit requirements.
On three occasions there was contact with individuals (teenagers) while program participants
were in tree stands. These were not confrontational. A.s MBRB coordinator for this project I
received only one inquiry from a resident or city official. Police officer (Sergeant Mac) called
on March 22. At his request I contacted area resident, Harry Kramer, who was concerned about
the safety of children who occasionally play in the area. I explained that bowhunting
nature "safe" and faxed cogies af the rules governing the program. He expressed sup
deer reduction effart but suggested for future programs that area residents be notified
times) � hen archers would be on stand.
�
The MBRB wishes to acknowledge the support and caoperation of �he Minnesota DT
input was critical to the success of the program especially considerittg the adverse we
conditians (warmth} that occurred over much of the permit period.
Should Mendata. �ieights ongoing deer management program call for additionat deer
via bowiand arrow and the MBRB can provide assistance, please do not hesitate to cc
You ca�i reach me during #he day at 542-8480 ar through 7on Parker af the Minnesot�
is by its
aort for ihe
(dates and
whose
�tact us.
DNR.
DNP. METP.O P.EGION TEL=612-772-7977 Sep 13.95 14:16 No.018 P.02
. STATE OF
; (�] G`� [� � U `it'La
t DEPARTMENT OF NATURAL RESOURCES
t
! �NONE NO. fILE N0.
(612) 7�2-7981 ' Saptomber 13, 1995
( ' File:
� Area Wildlife Office
� Metro Rec�ion Headquarters .
i '1200 warner Road •
� 6aint Paul MN 55106
Mr. Tom Lawell, Aci�ninitttrntor
City oi Mcndota �eightc
1101 Victoria Curve
Menc9oLa Heights MN 5�118
Uear Mr. Lawell:
•Due to a short period of proper saow•coverr we were unabie ta
complete �he aerial survey of Mendota Heighta and th¢�•Aodgc Nsture
Center fn the winte= af 1994-95. ThRrefore the Tpr.ommpnciation tor
the number of deer which shou�.d be removed cann�t be niade wli:h much
confidencc.
I egtim�ted tltat tYieie aoalcl be beLween 27 and 34 deer in the
Ridder property vicinity laet winter. The estimate far the RiddQr
and Dodqe Nature Center properties would have•been between 36 anG
44 deer. This assumed •a 25 8 annu�+l increase. Cull�ng by Metro
Bowhuntar Ra�ourc� Bage ramovad 9 dQor over winter.
' I Will assume only e� 20$ increase, since�a predominance of feraalea
; were culled. Therefore �here'are•possibly between 16 a�d 22 deer
� on the Ridder property and between 22 and 31 deer on the ��
� Ric3dcr/Nature Center propertiea.••If• thc go31 ie to rcducc the
` p�pul.ati�n tn 1S tO 7.5 per �qUare mi].p• y�ia WAtf]f�• ��ICP.• �A RP�s 4 i:a
' i 6 deeL L�matni•r��y on the•Ridder proNerty. I• Coult3 8o tbe �ddiLion
� and subtraction, but you oan eee that the decision is not based on
, very solid grounas. 1 think you cauld be very confident that at
least 4 to • 6 deer woulci rEmain on •L•he property •or • al least in the
vicinity 3f you allowa8 tha harvest o£ �5 to 20 daer. If the herd
• is actuaily reduced to anyuthing close to• that level, hunting
� success xould be pcactical•ly noa-ex�atent.•Remember that baiting ia
i nat permittecl in the r�gular season.
I�ctually, if I Werc to m�kc tlie• •decieion• Z would allow 4 to 6
huntprfi {with rp�l.aremRnta As huntere drap out or fill thei.r tagR)
i.o hun1. ior L•1'ie et�l:ire aec�t�ort. I woul�d �lts� nllow them tu take vrie
antlered (buck) c3eer in sd8�ion �o the up �0 4 antlerlecc deer
which they could take under management permits. This would crpate
more incentive for ttiem to ••remain •in •the field.� Yon miyht require
them to have at leas� 1 management permit and have them agree nat
to pass up shots at antZerless deer. You coulci ciiscontinue the
hunt if the harvest reaches the 1S to 20 level. You could also getr
reportg frem hunkPr� abotit• �how many deer••they are seeing in the
arer�. However, tiie •number• •of dee•r usinq the area may change
drastically ae the seaeon progree�ec.
, AN E(]UAt. APPnRTUNITY FMP�pYER • , .
. . ' ..r
. � . . � � ......� . _ � .. .
DNP. METP.O P.EGION TEL=612-772-7977 Sep 13.95 14=18 N�.018 P.03
�_•—� ---..... _ ...
11
r 1.3, I995
• Pa P_ARP_ ca ] 1 me � f j/Al] W� Rh �:A f3� fiCU�fi f:}1� R
woulr] U� ts misL•eke i:o be i.00 �on�erv�stive an
eince your desired deer numberE are cso low.
a great extent sei�-iimiting. As the deer
suciese and efforL anc7 de�r harv�sL decline
s nierely
Par er, Area �oildlife Manager
f.urthPr. T thin
tbe zsll�wable iittrv
Hunting harvcat i
hecd decrea�ea hu
drasLicelly.
it
�t�t,
o to
�ter
�
� �� � G:IYi C •:: .�t` "
�
��� �\-� ,�, ��,,►s.
.
,�
� :i��" ;;�� •:'� . .�'��
r::
.: I
'.7 l f ��.i:� `'.. . .. _ ��'�
� �,yr.+.�' +�. i ��...v:��,�. r• SnIL �. ar
� ti,. � i ti L:.``� � .���ti^ a�'�/�' '.',1
., .�"� •S�T �- ; q
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�f� ,t k y J
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� � . a ;' E''�`�� � �' : +,r•fi' �
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u1-19-95 �2s55P Rowla�d 8 Mertensotta 61Z 222-4�55 P.05
. ..
. /'`
crrY o� ,G,�1�G1'� .��`'G ��L� �'i �urnrNEsor,a
,3ufy 14, 1995
Mayor Gharies E. Mertensotto
237i Rogers Avenue '
Mendot i Heights, MN 55120
Mayor Thomas Egan
3$30 Pi1ot Knob Road
Eagan, t+AN 55�22
Dear Chuck and Torn,
IWe need yaur help in keeping the dasr population under control.
survey fast winter shawe�d aver 100 deer in Sunfish �ake, far a density of
matety 80 per square miie. Most authorities on the subject consider 2� ps
mile a re� (istic °carrying capacity".
� We pian to carry out an aggressive herd management program this
Wiflt9fi by obtaining ONR persnission to shoot deer aver bait, initistly wiih arc
professional sharpshooters if that �s unsuccessful. t3ur consuitants advise t;
ieast 60 ;deer this year, so that cuiiing in subsequent years wouid be less
However; we would then create a'vacuum" rssulting in in-migration i# deer at
dant in surrou�ding cornmurtities. So, we plead th�,t your Councils wilf take an
aggrassive approach #o an area-wide pro6lem. _
Qur rationale ior doing this at al� is b�sed on many factors. Resider
plain about damage to tress and gardens, and faresters note an alarm+ng
biodiversity due to dear browsing. Coilisions betwesn deer and vehicles arE
common, i producing not anly a safety hazard but also the observat�on of in ju�
sufferittg a (ictgering death.
1
The biggest concern, �lOW6Y@I"s is ihe public health threat from the t
fe�tious diseases t�ransmittad by deet #icks. There is retiabie evidence that df
must have a bioad meal fram white-tailed deer in order to reproduce successf�
are toid #hat where there are no tieer, there are no deer ticks. While #he papu
dser tioks is !ow itt Dakota County, they are abundant across the river. Sh
fected ticks be brought in by birds or other hosts, we woulcf be ripe for an expl
the tick popviation, and risk an endemic of the infectious diseases transm
deer ticks: it would then be necessary #o virivaEly e(iminate al1 the deer to s
problem. i,n ti�ht af thas information, we consider it irrespansible not to take <
fimit the dear poputation now. We have exterminated the deer's natural pred
must take ithis role ourselves.
Ttiank you far bearing wi#h me. 1 wiii be Y�appy ta meet with you at �
n �eriai
�pproxi-
square
#a!1 and
hers; or
3king at
drsstic.
'e abun-
aquaily
s com-
loss of
all toa
d deer
3@ lil-
tiCks
�. We
ion of
id in-
ion in
�d by
�e the
iorl to
�rs so
time
Ju1-19-95 02:55P Rowland & Mertensotto 612 222-4755
� w
to share the views of our consultants and heip plan a coordinated approach in this
matter.
With best regards,
�
Frank Tiffany, Mayor
�
P.06
'TO; E
FROM:
S'OBJSCT z
CITY OF M�TDOTA HEIGHTS
� �:� •
February 2, I995
Mayor and Cit�r Couneil
Tom Lawell, City Adminis�
Discuss Deer Overpopulation Coneerna
SI�ITRC?DUCTI4N
Tha City has received fram a number`of land owners i�
Somereet Area (property bounded by Dodd Road, Wentwor�h A�
Delaware Avenue, and Marie Avenue} a petition requesting
permission ta allow restrictec� deer hunting on their colli
properties. A capy of the petition a.nd a map ehowing the
represen�ed la.nd parcels {appraximately 87 total acrea} i�
attached. •
�
�ACKGROIIND � •
, F�om time to time the City has been approached
reaidenta regarding �heir coacerns with deer overpo
within Mendo�a Heighte. Concerns eacpressed include
�
the
nue,
tive
e�ceessfive �:
browsing and damage to vegetation, public health concerns
to Lymefs Dieease, and traffic safet� coneerns due to acci�
deer-vehicle collisiana. .
� .
In �he early 1990's the�City participated in a Deer
Management Task Force which Was comprised of r-egresentativ
the Minnesota Depa.rtment of Natura.l Resources (DNR), vario�
aninnal �righte groups, an.d the citieB of Bloomington, Burn.s�
8agan and Mendata Heighte. Ms. Ridder served as.the City'��
representative to the Task Force for a uumber of yeare. T,
final recom-mendatian of the Taek Force called far a three
Alternat3.ve Deer Con�rol Program which 3.ncluded some hunti;
deer in the Minneaota River area, including Fort Snelling �
Park which ie located within Mendota Heights. The three y�
program wrapped up in 1993 and, according to the I7NR.f no
additiona.l hunts are planned for this area in �he near fut�
of
year
,q of
Deer overpopulation concerns, particularly in suburb
cammuni�ties, are increasing throughout the Metro area and he
natian j{see attached news ar.tiele} .
D2SCIISSION
Unlike the Alternative Deer Control Program, this re es�.
for perini.ssion ta remove deer invalves privately owned lan only
and the`hunting would not be open to the public. Instead, the
land owners have worked through the DNR and the Metro Bowhunter
Resource Base to design a restricted hunt which would safely and
efficiently remove a specified target number of deer from their
property. Attached please find reports from both the DNR and the
Metro Bowhunter Resource Base outlining the specifics of the
planned restricted hunt. � --
In order for the landownere to undertake the described
restricted hunt, it will be necessary for the DNR to grant
permission to hunt deer out of season. As described in the
attached report from Jon Parker, DNR Area Wildlife Manager, the
normal deer hunting season expired on December 31, 1994. As
further described in the report, the DNR would be willing to
consider an extension of the deer hunti.ng season until April 15,
1995 in order to accommodate the landowners request.
In addition, in order for the DNR to consider allowing deer
hunting out of season within Mendota Heighte, they have asked the
City for a deacription of our deer management program, a target
deer population goa.l for the area in question, and a letter
requesting pernussion to take 10 deer from the eubject area �
between now and April 15, 1995. . �
Of course, the City's prinnary concern related to this :
request ia public safety. Police Chief Dennis Delmont ha.s -
reviewed the recommendation of the DNR and the�Metro Bowhunter�•.
Resource Base and finde the propoeed program acceptable. In �
order to insure that the Police Department ie fully informed of:
activities on the property, Chief De�nont has requested'that the
Police Department be pa.r� of the hunter orientation meeting
described in the proposal and that copies of all�records related
to deer removal from the property be forwarded to the Department.
Given the close proximity .of the Dodge� Nature Center to tYie
subject area, I have been in contact with Dr. Gregory Lee,
Executive Director, to diacuss thie issue with him. As described
in the attached letter from Dr. Lee, deer overbrowsing has also
been cause for concern at.the Dadge Nature Center and he seea the
issue as one which ie difficult, but necessary, to addresa.
Currently the cities of Eagan and Sunfish Lake allow bow hunting
within their boundaries.
�ACTION REQIIIRBD
If Council desires to allow the private landowners in the
area who signed the petition to proceed with the deecribed
restricted hunt, it should pass.a inotion approving the request
and authorizing staff to submit the necessary paperwork to the
Minnesota DNR. . '
�
k�
�'
December 1S, 1994
and Robert Ridder and adjacent
Request for Deer Population Cantrol
Repcirt to the Mendota Heights City Council !
sy: �
Jon Parker, Area Wildlife Manager
MN 'Dept of Natural Resources
120Q Warner Road -
Sai�at Paui MN 55106
Phone: 772-79 $1
k
The C4mpl,�int, Mr. and Mrs. Ridder complain of excessive damage tc
natural and �ndsc�ping vegetation due to deer br�wsing. They are also
concern.ed with the potential for deer-vehicle collisions in the neighbor�
They �feel that the deer population is- increasing, along with the associate�
probli:ms. They do not beIieve that c�eer r+epellents andlor stanciard ar e1<
fendrig are practical or feasible solutlons ta this problem. �
I have ins��ted the properties and observed evtdence of ea�tensive deer
browsing, The Ridders and, .repurtedly several o� th�r nei�hbars desire �
the deer papulation be reduced, They would prefer to allow selected, sl�ille
archeiy deer hunters ta kill the e,�ccess deer.
De�r�PO u1aliOntS. Table 1 attach shows substantiai iacreases in
, P . �, ,.
Mendota Heigb,ts' deer population from 1990 through 1994. The estizriatec
papulation autside of Fart Snelling State Park has incr�ased from less th�a�
deer per square mile to 9.5 deer per square mile, Following_are the numb�
deer acte��ally observed in the viunity oi the Ridder property: 1990 - 0; 19'
3; 1992 - 0; 1993 -11; 1994 - 20. In addition, in 1994 we obser.ved 6 d�er oi
D�dge; Nature Center, just east of the Ridder property. Assuming that we c
observe 75% to 9096 of deer actually, present, I would estimate that the 199�
winxer� populat%n on the Ridder property was 22 to 27 deer and the popul�
of the Ridder plus Dodge Nat�ue Center propertles was 29 to 35 deer. The
acreage which might be considered "deer habitat" in the area bounded by ;
Road, and Wentworth, Marie, and Delaware Avenues is a maadmum of 160
acres. 'thus the deer density last winter was estimated at 8$ to 108 per squ
mi1.e. If the adjacent Dodge .Nature Center {another 164 acres) is included,
density is estimated. at 58 to 70 deer per square mile. These are high deer
densiries, similar to those e�erienced in other cit�es which have institute
deer populatian controL I would estimate that with reproduction last Spri
the deer density could be 25 to 44 percent greater this wint�ar. Thus there
be as inany as 27 ta 34 deer in the' Riddez property vicinity this winter - o�
100 pe� square mile. This could be verified by aerial survey.
ReCOmmend.aholl. I recommend a winter deer density of 15 to 25 de
per square mi1.e in residential areas such as this. Actua3ly, deer denszties i
1
rs of :
1-
the
n �
.
xon - � � -
the order of 5 to 10 per square mile naight be necessary for the benefit of
natural vegetation and the needs of residents. However, I believe that 15 to 25
per square mile is a reasonable starting point Bloomington and Edina have
adopted this goal; Minnetonka decided on 35 per square mile. My
recammended density would require that the deer population in the vicin.ity of
the Ridder property be reduced to 4 to 6 deer. Even at lower densities, there
would be varying levels of deer damage on the properties, but such damage
would be easier to control with repellents and fencing. The potential for deer-
vehicle collisions would also be reduced but not eliminated.
I believe that archery deer hunters can safely, effectively, economically, and
humanely reduce and maintain the deer population in this area. If several
adjacent property owners agree to this control, there should be an extremely
low probability of non-participating homeowners observing the activity. We
would prefer that this be done during the regular archery deer hunting
season, mid-September through December. However, if the City feels that this
problem needs to be addressed immediately, DNR would most likely issue a
special permit to the City to allow archers to take deer from January through
April, 1995. All deer would be t�uned.over to DNR and donated to food prograins
and non-pro8t organizations. Deer could also be taken using bait and before
or after normal shooting hours. We would be relucrant to issue such permits .
after this year� since regular, controlled hunting is probably feasible. ,
�th this report is a proposal for deer population control on these prope�rties,
prepared by Mark Graham on behalf of the Metro Bowhunter Resource �Base. l
have worked with Mark, and representatives of the other major bow-hunting
organizations in developing this concept and proposal. This group is
responsible, consdentious, and dedicated to demonstrating that bow hunters
can be used as effective deer management agents. This group managed a ve.ry
successful deer control program during the regular hunting season of 1993 in
the Fort Snelling National Cemetery. � .
I recommend that the City determine, with sufficient public discussion, the
need to control deer populations. If cont�rol is deemed necessary, the City must
set a goal deer population for the properties discussed above. The City should
prepare a simple plan outlining their preferred long-term deer management
program. If deer population reduction is desired, the City should request a
penmit from DNR to allow the taking of a specific number of deer with bow • _..
and arrow from January 1- April 15, 1995. I would recommend that the �_ --
permit be requested for 10 deer. The request would be in the form of a letter,
including the management plan, to me. Issuance of the permit takes a very
short time and there is no permit fee.
Other options include: No Action; "sharpshooting" over bait or after trapping
the animals; and hunting with firearms. - Trapping and relocating deer will
not be permitted by DNR. Deer populations in other parts of the state are high
already; translocated deer suffer high mortality; and these deer may cause
damage in the translocation area. � Deer contraception is theoretically possible,
but it is not currently available for this situation. In addition, contraception,
even if it is proven effective would reduce the population very slowly, mostly
due to car-kills.
� FR4�I �ROTH� GR9�iAM I NC.
(THt3} 12. � 5' 94 i 5: 27 /ST. I 5: 26/ N0,
j. MARK GRAHA1Vi
r��s�uEtvr
Dec�cai be�r i5, �,994
; -
� y
Mr. Tom Lawcll
City �iia�tager -
+�;ity of 1V,�cnd�c►ta H�ights
lI{iI ilictvria Cw�vc
Mcn.dota �cig�►ts, MN SS 1 I8
To�n:
Follawing a�ce Mctsn Bowhunter R+csowroe Base r�oamrncndations for
the Sonnerset area dcer managcmcnt program. Thcse have bcen ;
revi�w+ed by �an Pazkex af the Departmcnt of Naturat Rcsowrcrs.` �on
will be dclivering his findings and n:oommendadons tomomo�w .
�
mornxng .
�
Should you have any qucstions or wish to discuss any of the
r�c�onnmendcd. progz�m elements, pleas� givc me a call.
,�r� � /;�
i/ ;.
WAYz�T.3 BOUCEvARO. MINNF�T'C�US. MlNNF.�TA <cs;.a{bi2j 5<Z-S�0
755 P.� 2
t� �s
���;f;:'' �
4
FROi� ROTH GRAHAM INC. (THU)12. 15' 94 15:27 /ST.15:26/ N0. 3360289-755 P. 3'
PROPOS�D MET�iODOY,OGY FOR T�iE MENDOTA HEIGHTS,
` � ��SO1�YtS�T AREA DEER N�A�N,A►G�IVIENT PROGRAM �
• Program will ut�ize volunteer bowhunters from the Metro
�owhunter Resource Base who have�completed. an accredrted
bowhunter education course and have passed a shooting prof ciency
tes�.
�
• Shooting will be over one to three bait sites tha� will be strategically
selected to concenira�e activity in the less populated portions of the
�arge� properties. .
�. :
• Shoofang will be from pre-seIected elevated stands at or near bait�
,- - �� � sites. :
• Shooting times wilI be limiied to rriornings (one hour prior �o one;
hour af�er sunrise} and evenings {one hour prior to one: hour after
sunset), with the majority�of activity in evenings to coincide with
peak deer movexnent, � - �� �
• Shaoters at any one �ime will be limited to a m.aximum of five.
• Any/al� deer coming to baii sites will be taken. When present in � -�
numbers, target prioriries wi11 be 1) the largest antlerless deer;
2) antlerless deer; 3) antlered deer.
• J�eer will be removed from�the area. via trailers and/or covered
vehicles. Field dressing �crill take place off site.
� � �o �Soo� ;qrc�ra.rc.s
• Deer will be rocessed and�meat donated�at no e�. ense % the ci
P P tY
���'� or landowners.
; �,
a
' FA4M" ROTH GI��iAkl I NG.
. ' �
.' r
(THU) ! 2.15' �4 15 : 28 /ST. l 5: 2fi/ NO,� 336028�-755 P.• q-,
! j An orientation meeting �wili be heId with participa�ing l�
� `� �Bowhunter Resource members to famiiiarize them with
- specific shoot requirements i.e., parking�area.; �ravel rou
stands; dee�' remavai procedures, e�c.
• �Deta�'led. records wai11 be mai�ntained for tb�,e nurnber and
4seen and harvested, haurs on stand and similar data.
of deer
• A, project coordinator wxll be named to manage all aspects f the
shaot and to pro�.de a contact for Iandowners, DNR and � ty
� of�cia�s. � :
�
�
�
,�:3:F��;'
�Table 1. Observed and Estimated Deer Numbers in the City of Mendota Heights including Fort
, Snelling State Park and Lilydale, 1990 - 1994.
.r'_
SURVEY DATE
1/94 1/93 � 2/92 1/91 2/90
Mendota Hts. "City" #�
Count 63 50 22 24 **4
Estimate 84 67 29 32 5
Area ( sq. ia3.les ) 8. 8 8. 8 8. 8 8. 8 9. 2
Density (per sq. mile) 9.5 7.6 � 3.3 3.6 0.5
Lilydale .
Count 4 O 0 0 NC
Fstimate . 5
Area � 0.4
Density 12.5 �
Ft. Saelling St. Park @ .
Count .. 0 24 0 14 . 22
Estimate 32 � .. 19 ..:. 29
�h Area 2.0 2.0 ' 2.0
`� Density 16.0
9.5 •�, 14.5
Total
. � ,, .
Count 67 74 22 �:3g � 26
Estimate 89 � 99 29 51 34
Area 11.2 11.2 11�:2 11.2 11.2
Density 7.9 8.8 2.5 4.6 3.0
#Includes Lilydale (0.4 sq. miles) and Mendota. � '"
**Includes 1 deer in Lilydale
@ Only that portion of the Park in or adjacent to Mendota Heights.
¢
�1.�► ,.L
Mr. Greg Lee
Dodge Nature Cen�er
1'795 Charitan Avenue
West St. Paul, N�T 55Z18
�i y o�
1��ir�nda►�a Hei 1i�s
.- .- � ••.
5
Dear Greg:
As we have diacuesed in the past, deer overpopulati
overbrowaing continues to be a concern within Mendota 8e
Ownere of acreage ia the area�baunded by Delaware Avenue
east, M�.rie Avenue on �he eouth, Dodd Raa.d on the �rest a
Wen�worth Avenue an the north have been particularly tro��
the property damage being caused by the deer population.
believe s3milar prablems have been experienced at the Do+
Nature Center as well.
and
.ts .
. the
�led by
_ ;:
e
. In response to thie situation, �Mr. . and Mrs�. Bob ��ti.dd r ha�re
- asked � the Departatent of �Natural Reeourcee and the Metro .
Bowhunters Reaource Baae ta develop reco�mneadatione to he p •
� manage the deer herd ia �he area. Atta.ched please: �Eind cqpies :bf
the reports recently received from thesa two or�anizationsj. :
I am interested in your res,ponse to these recommeada�
they may poeitively or negatively impact the Dodge Nature
Currentsy our Police Depar�ament ie reviewing Che recommen+
from a pubiic eafety etandpoint, but I am also intereeted
hearing from you abaut the ecological affecte of euch dee:
contral measures.
I wauld appreciate hearing fram you either in writing
t�elephone prior to January 12, 1995. Ti�ank yau in advance
your review of this material.
. �
Sincerely,
• - i�� �. .N: ;
�'" � � ,� r
.��� � �.. ��
i�
' • 11 / •
�'s. Enclosure
$��as
.ter.
or by
for-
11U1 Victoria Curve • Nfi,endata Heights, �N • 55118 452 185U
FOUNOER
11 Jarx�ary 1995
Zlro�as ,�rv«e �odge �a�ure G'e�r�er
�����1 Tom Lawell
_�_ �1 Ciry Administrator
Ciry of Mendota Heights �
1101 �ctoria Curve
OLIVIA IRVINE DODGE Mendota Helghts, MN 55118
BOARO OF DIRECTORS
FRANK B. TIFFANY
PRESIDENT
INOR10 CONANT
ALMA DEHAUF
KIMBERLY DOUGE
OL'IVIA 1. OOOOE
THOMAS DODOE
El12ABETH S. ORISCOII
CLOVEFi' EARL
OLIViA C. FORD
WILLIAM HUE(i
HORACE H. IRVINE, I11
CATHERINE NICHOISON
TIMOTHY M. OBER
HOWAHD. OISON
DANIEL PENt91E
GEOROE C. POWER,'JR.
QINNIE RECORD
AOBERT RICK
VICENTA O. SCARIETT
HUQH SCHILLINO
STEVEN TOUREK
WILLIAM WEST
GRECiORY J. LEE
EXECUTIVE OIHECTOR
Dear Tom:
1795 CHARLTON STREET
WEST SAINT PAUL. MINNESOTA 5 5118-3 8 00
(6121 455-4531
FAX (6121 455=2575
In response to your 30 December 1994 letter on the proposed deer hunt in Mendota
Heights, let me first say that� you have my sympathy, for it is a very diificuit is,'sue for any
munidpality to have to address, but one which it is increasingly dear has to be addriessed.
In response to your question about how the proposed hunt will impact the Dodge Nature
Center, ail of the scientif�c and wildlffe management informatfon i have gather�ed on this issue
indicates that r+educing the density of the deer populatiori down to levels of less than 20 �
deer per square mile will have a positive effect on the nan-deer inhabitants of the Nature
Center. both plant and animal. At high•densiaes, deer overbrowsing destroys'habitat for birci
and other animal species. High deer density also reduces native plant diversity. � h
�,
Another reason for concem with high deer populations in urban areas is the evidence that
li�aks deer density to risk of acquiring Lyme's disease. This emerging evidence appears
compelling. While Mendota Heights and West St� Paul have not yet become endemic areas
for the deer tick that trartsmits the Lyme bacteria, the Metropolitan Mosquito Control Dist�ict� �•
staffs' evaluati�on is that Northem Dakota Caunty is ripe to become an endemic area. • I can
provide you with extensive reseanch literature that demonstrates that a large deer herd
increases this risk. •
I do not have a recommendation for what procedure to use in reducing the herd� but do
agree with Jon Parker that contraception is not now effective, much as I wish that it were.
There is an unpleasant issue that any organization considering deer control measures
should recognize, and that is that�in the absence of predators and with the fantastic ability of
deer to reproduce, effective control of deer will require an ongoing annual commitment to
killing them. While it may be necessary. I do not enjoy the thought of deer being killed. Mr.
Pa�lce�'s recommendation 'that 15 to 25 per square mile is a reasonable starting point"
therefore concems me because in fiis preceding sentence he states: 'Aetualty, deer
densities in the order of 5 to 10 per square mile might be necessary for the.benefd af.natural
vegetation and the needs of residents.' Since deer populations can be e�ected to double
each year� maintaining a dens:rty of 5-10 per square mile would require killing only one-
quarter to one-haif as many deer each year as would a density of 20 per square mile.
Therefore� in the interest not only of biological diversity and public health and safety, but also
to reduce the number of deer that have to be killed each year, I suggest that 'rf the c'ity �
� Recycted Paper
�
;
.
�; _ �
r
praceeds with deer controi measures it adopt a low deer density target and try to attain it �
as possible. Not only will that lirrtit the pmblems caused by cleer; it wiN atso, auer time, limii
amount of hunting required. Haff-measures may onty tead to maintenance of a`hunte�'s p
Ptease call me if 1 can be of further assistance.
Slncerety,
� �'���� � (—�^C�J'�-- .
Gre o J. Lee � •
9 �Y
E�cecvtive Director
R
u� quickly -
the
��:__ .
.s�
,�_ -- . ..
"Rats with artNers." Huntirrg limits and the disappearance of predators like wolves have led to a baby boom of white-tailed deer.
eer eer ever ere
�
A population boom to 20 million takes its toll on towns and foyests
'n the forests of Wisconsin, rare or-
chids and lilies are disappearing, and
the stately hardwoods and hemlocks
have failed to reproduce for 50 years. At
Gettysburg National Military Park, the
corn�elds that the park has tried to grow
to re-create the scene that blue- and
gray-clad soldiers saw on the morning of
July 1, 1863, never make it more than 6
inches tall. In the town of Irondequoit,
N.Y., (population 52,700) a 1,0(}0-acre
park and arboretum has been stripped
bare of exotic plantings, the golf greens
are full of hales and 100 cars a year are
damaged in collisions with shadowy ob-
jects that prowl the roads at night.
Once a rarity, the American white-
tailed deer is now a full-fledged men-
ace—"ratswith antlers," some disgusted
suburbanites have taken to calling them.
From a mere 500,000 at the turn of the
century, the deer population now stands
at 20 million and growing. Deer are
showing up in places they haven't been
seen for a century or more, invading sub-
U.SNEWS& WORLD REP02'I'.I�O\'E\ILiEK'll. 1!�1a
divisions and eating shrubs, raiding farm-
ers' orchards and fie(ds and sending sales
of deer fence, repellents and ultrasonic
whistles for car bumpers soaring.
But ecologists are fnding that deer
are more than just a nuisance to home-
owners. "There are dramatic ecological
changes as deer populations grow," says
wildlife biologist William Porter of Svr-
acuse University. Rare plants and ani-
Road death.An increasrnglycommo�r sight
mals, and even entire forests, are now
threatened as hordes of voracious deer
plunder the food chain.
Habitat change. All this is part of a
worldwide poputation explosion of deer
species, from moose in Sweden and red
deer in Scotland to elk in America's
Western parks. Tough enforcement of
conscrvation la�vs, bans on hunting in
suburban areas and the disappearance of
prcdators �uch as wolves and mountain
lions are part of the explanation. But the
most dramatic change has been in the
availablc habitat for deer. Deer are
"�vecdy" spccies that readily exploit the
fresh growth of ��oung, recently disturbed
forests. With suburban development,
"tlie fragmentation of forest and farm-
land into a combination of the two is
ideal for white-tailed deer," says Porter.
When the town authorities of Ironde-
quoit, a suburb of Rochester, banned
hunting in 1973, the deer quickly began
to take over. Besides damaging cars and
plantings, the estimated 500 deer run-
85
s������tiL.�oc���
nung thmugh the town soon exhausted
availabie food and begau to show signs af
starvation and eactreme stress—vecy low
we"sght, little bady fat and poor repra
dactive success. "It just got ta the paint
that it was intalerable," says I.awrence
Myers of the New York State Depart-
ment of Environmental Consexvation,
"Most of these communities ex�eri-
eneing deer prablems ga through a s�
qucnce," observes Porter. "Fust, We
deer are wonderlul, and that's why we
maved bere. Ne�act, there are
too many, and what we neod to
do is get rid of a few of them
aud give ttcom goad homes.
They eventually get to the
point where th�y say, `I.�t's get
someone. in hare to sfioot
thcnn as quiakly as poss�tbla"'
Tii� spread af Lyme disease,
which �s cazried by deer ticlss
. and which has bcen oa the ris�
as detrpopulations grnw, has �
added t their wnpopularity.
In Irondequoit, a citaens'
task foroe was � aPt�omt-
ed to make recomureada-
tians. Ttic cannmittc,� con-
cInded that there was na
altemative but to cull the
herd After a %ga1 chatienge
by th� Humane Society of the
United Statos was tumed
8ack, police officors were
hirod to c�ny out thc shoo�
84 deer w�re shot in 1993,150
tast year attd ?AO wiil be shot
this wurtar. The meat is da
aated to charitabte organiza Chow «p.
tians. The cost has been sew
eral hundred dollars per animal shot
Bat, Parter argues, tho oosts of doirig
not�►ing ace probably much greater. The
average deer-car eollision costs $2,000.
`ihe eoa2ogical costs, though, may be
incalculable. Animal-rights groups fre-
quently present the issue of deer maa-
agement as simply one o£ hwman incan-
venience, "Many people oomfortably
live in regians highty poputated by
deer,"� states a pamphtet produced by
the Fund for Animals that urges home-
owners to adjust their attitudes. .
Many eaologists beg to differ. "At a
local tevsl, you can put a fence around
it ar put deer repellent on the yew in
yaur front yazd, but that isn't a viable
salution at a larger scaie," says botanist
William Alverson of the iJniversity of
Wisconsin. His studies of old-growth
Wisconsin forests fauzzd ihat the domi-
nant hemtocks and white cedars have
failed to reproduce; the deer simply
gabbte up aIi the seedlings that emerge.
"The changes due to deer aze sa siaw
that it's not obvious to someone dciving
by in a car," he says, "(but] at the ra-
gional Ieve1, hemtock farests are beoom
ing rarer and rarer." An exception is
the Menominee Indian reservatian in
narthern Wiscansin, where intensive
hunting—both in and out af season—
has held deer to about 8 per st�uare
mile, versus 2t} in other Wisconsiz� for-
ests and as much as 200 in some hard-
hit subtutbs. '
A study by WiIliam McShea of the
Smithsanian Tnstitation documented
seedtings of many
trees that make u�
the woods you sec
grex+ ug 44 years
no deer," he note:
The bi�cull. Port�
out any hunting, d�
be �ve times wha�
Far areas where pi
agtian, the best ait
that removes the e�
Bioiagists had bel
deerwere reduced
surrounding areas
and fill
Porter f<
be highl
ing to th
were bc
�,'..:
Their consurrrption of frrsh growtfz has hurt for�sts
other warrisome eoological changes as
deer take over. McShea buiTi si� "ea�cto-�
sure" fences around 10-acre plots in V'u
ginia's Shenandoah National Park and
the adjacent George Washi�gton Na-
tianal Forest and oampared the animal
life inside thase glots wiih that in similar
areas where deer had free access. In years
when oaks produced a small aoorn crop
and foad was scarce, oompetition with
deer eaused the number of squineis,
chipmutiks, flying squirrels, wood rats
and mice in the unfenced p2ats to 8rap to
as little as 1Q percent of the nurnber
found in the deer-free exclosures.
In two af the exclosures, rare migra-
tory songbirds not seen elsewhere in the
forests unexpectedly begau to appear as
well; McShea spec:ulates that by destroy-
ing the�law-lying plants of the forest un-
derstary, the deer have eiirninated tite
habitat for the insects the birds feed on.
Like Alverson in Wisoonsin, McShea
t�as found a near totat absence of yonng
their sc
peroent
utarly m
that a c
been
the c
�. �
assuc
be fc
the �
head
cat in
requi
80 v�
tive, at �
a head.
are 800
yoa've
malrs,"
where �
quarter of a millic
that? I had one wa
c�ome up to rne at
`We'd really like t
aur deer prabtem ;
That's just not go
In the long run,
agement might b�
deer numbecs. Le
undisturbed—eitl
targe btocks, pro
acres, where no ci
cancenirating tim
single clear-cuts r
cuts--can reduce
"edge"thatdeerp
numerous that th
percent af the yo�
areas, just getting
ests can be left aloi
naw," agrees MG
onty tavi availabie
�f the key species of
the fares� "A tot af
now are woads thac
�o when thare were
~ calculates that with-
;r poputations would
they are at present.
�lic hunting is not an
rnative may be a cull
tire deer population.
�ved that whenever
� one area, deer from
+ould simply drift in
he empty sIots. But
�nd that deer tend to
consexvative, stick-
territorywherethey
n and maiataining
ithothermembersof
ial graug. About 5
f the females do reg-
xate, but that mcans
lI may be neces.�sary
every 10 W 1S years,
xal attornativcs have
1 in some arcas, but
have b�en stagger-
�ing artri retnoval—
that somoane can
who vs'tants to take
�Is—oa'sa S6Q0 ger
►nts or..�mmun�zaaon
treatment of at teast
:nt of the entire fe-
puiatiori to be effcc
aost of �500 ta 51,000
`At Gettysburg, there
3eer, SIX} females, sa
gat �p get 400 fe-
;ays Porter. "Te!! me
�u're going ta get a
� dollacs a year to do
nan from Lang Island
t oonference and say,
� do something about
t1{I W@'Y� F21SCCi �$QU.'
ig to do it "
hanges in forest man-
effective in timiting
ving more of a forest
er by setting aside
abiy at ieast 50,000
kting is allowed or by
�er harvests in iarge,
ther than many small
�he amount of forest
efer. Bat with deer so
y are wiping out 100
ng seedlings in same
y the paint where for-
e is a prablem. "Right
hea, "hunting is the
:� �
Bx S�e Bu�tArs� '
U SNE1�5 & W REPOKC, NO��EMBER 21.1994
STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF FISH AND WILDLIFE
5463 W. BROADWAY
FOREST LAKE, MN 55025
TO WHOM IT MAY CONCERN:
Permission is granted to:
SPECIAL PERMIT N0. 7369
(Deer Removal)
March 1, 1995
Dennis Delmont
Chief of Police
1101 Victoria Curve
Mendota Heights, MN 55118
The City of Mendota Heights is hereby granted permission to take deer
within the City of Mendota Heights, Dakota County, Minnesota. This
permit is granted subject to the following conditions:
1. Deer shall be taken by bow and arrow in a safe and humane manner;
2. This permit is effective subject to provisions of paragraph 16
and expires at midnight April 15, 1995;
3. The number of deer taken shall not exceed ten (10); ��
4. Deer of any age or sex may be taken; � �
5. Deer may be taken day or night with or without the aid of
artificial light;
6. This permit is not transferable;
7. The city may retain personnel from the Metro Bowhunter Resource
Base to carry out activities authorized by this permit. All
personnel shall be sufficiently skilled to properly carry out
their assigned tasks and shall have in their possession a copy
of this permit and a letter of authorization from the city while
carrying out activities authorized.
8. No deer shall be taken from any privately owned land until after
the city has obtained written permission from the owner or
occupant of such land;
9. All deer killed pursuant to this permit shall be properly field
dressed within two hours after killing;
10. Carcasses of all deer killed shall be surrendered to the
Department of Natural Resources' Conservation Officer within
24 hours after killing;
T.
-2-
11. All deer parts including fetuses not surrendered to the
Conservation Officer must be buried or disposed of in a
manner.
12. The city shall be solely responsible for any and all dan
injury to persons, domestic or wild animals and real orl
property of any kind, resulting from the city's activit�
pursuant to this permit;
legal
age or
personal
es
13. The city shall hold the State of Minnesota, its officer�, agents,
and employees harmless from any and all liability and d mages
resulting from any activities undertaken pursuant to th�s permit;
14. This permit sha11 not be construed as a guarantee or re resentation
by the Department of Natural Resources or the State of innesota
that any particular method or degree of deer removal wi 1 result
in any attenuation of deer depredation problems existin within the
City of Mendota Heights; '
, 15. The permittee must report the number of deer taken to t e Regional
Wildlife Manager within ten (10) days of the expiration of this
permit. _ ,
16. This permit is not valid until one copy of the'acceptanc
has been signed and dated by the permittee and sent to <
received by the Region VI Regional Wildlife Supervisor �
Department of Natural Resources, Carlos Avery Wildlife c
Forest Lake, MN 55025). The second copy of the acceptai
should be retained by the permittee. This permit may bE
at any time upon written notice to the permittee.
ROGER N. JOHNSON
REGIONAL WILDLIFE MANAGER
DIVISION OF FISH AND WILDL
cc: Division of Enforcement
Paul Rice, Regional Enforcement Supervisor •
B. Ransfer, Area Enforcement Supervisor
Ross Opsahl, Conservation Officer
Jon Parker, Area Wildlife Manager
Blair Joselyn, Wildlife Populations and Research Manager
Tim Bremicker, Chief
Tom Isley, Operation Manager
Ed Boggess, Resource Manager
clause
Minnesota
ffice,
ce form
revoked
E
�
a
ACCEPTANCE CLAUSE
I have read the foregoing permit, Special Permit No. 7369, and agree.
to abide by the conditions set forth there i'n.
Signed : _..._ .-- —�----�. .....-------. ._.
Dated:
„ , w
REPORT OF DEER TAKEN
PERMIT N0. 7369
THIS FORM MUST BE RETURNED TO THE WILDLIFE MANAGER LIST�D
BELOW WITHIN TEN (10) DAYS OF THE EXPIRATION OF THE PER�'IIT.
REGIONAL WILDLIFE MANAGER: Roger N. Johnson
Carlos Avery Wildlife Offi
5463 W. Broadway
Forest Lake, DiN 55025
DATE TIME SEX OF DEER
CI'1'Y OF MENDOTA 8EIG8TS
A�20
TO: Mayor, City Cauncil and City A
FROM: Marc S. Mogan, P.E., Civil Engineer �
SUB�,TECT: Four Way Stop
Intersection of Keokuk Land and Pagel Road
Job Na. 9221 �
DISCUSSION:
A safety concem was expressed at the September 5, 1995, Friendly �:[ills as
hearing with regard to tra.ffi.c control at the intersection of Pagel Road and Keokuk
Currently all of the appmaches af this fowr way interseetion are posted with
except for the sauthbound Pagel Road appmach which is uncontmlled. The proble:
situation is that drivers which have stopped at one of the three conimlled approache
pmceed through the intersection assuming that southbound Pagel Road is required t
well. The street improvements which were recently constructed at thi.s iEntersection
to inc�nease the likelihaod of this occurarence. A four way stop at this location woul
this undesirable driving situation, and would also crea.te a safer intersection for the
traff'ic which wi11 be accommodated withia a paint striped lane adjacent ta the west
of Pagel Road when the Friendly �[ills imgrovement project is completed.
L�urtination of the ane remaming uncontrolled southbound Page2 Road
subsequent crea.tion of a four way stop at the Keokuk Lane intersection will v�
e�ectations, increase awareness, and should therefore pramote ti�affic and pe+
this intersection.
RECCIIVIlV�.IVDATION:
I recommend that Council adopt an Orndinance amendrment to establish a
intersection at Keakuk Lane and Pagel Road based on safety considerations.
ACTIUN ItE¢ITIItEU:
if Council concurs with the recommendatian, they should pass a motion adc
Qrdi�nance No. , AN ORDJNANCE Al�ZF�TllING QRDINANCE NO. 1123,
establishing an all-way stop intersection at Keokuk Lane and Pagel Road.
MSM:dfw
14, 1995
top signs,
with this
might
stop as
Ilg�it S�NB
��
line
�ch and
driver
� safety at
way stop
CITY OF MIIVDOTA HEIGHTS
DAKOTA COUNTY,I�IIlVNTSOTA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 1113
The City Council of the City of Mendota Heights, Minnesota, ordains as follows:
SECTION 1. Ordinance No. 1113, known and referred to as "An Ordinance
Establishing Stop and Yield Intersection Within the City of Mendota Heights" is hereby
amended in the following respects: ,
The following streets are hereby added to Section 1 of said Ordinance, "TI�OUGH
SZREET5 AND STOP IIv1'ERSECTION5,"
ALUWAY STOP INTERSECTIONS
Keokuk Lane Pagel Road
SECTION 2. This Ordinance shall be n full force and effect from and after its
publication according to 1aw.
Adopted and ordained into an Ordinance this 19th day of September, 1995.
CITY OF MII�TDOTA HIIGHTS
��
ATTEST:
Kathleen M. Swanson, City Clerk
Chazles E. Mertensotto, Mayor
TQ:
FROM:
� i i 1 • :1 :
1 �i 1
Mayor, City Council and City A
���rc 5. Mogan, P.E., Civil Engineer t"�S+✓1
SUB�,TECT: Friendty �[ills Improvement Project
Pavement Canstruction LTpdate
7vb No. 9221
Improvement No. 92, Project No. 6
DISCUSSION:
There was considerable discussion at the September 5, 1995, Friendly Hills
Hearing regarding the condition and integrity of the bituminaus base course constzu
past summer as part of this improvement project.
There are numerous locations thraughout the praject where the biLuminous
has broken up and needs to be replaced. These areas are almost always within the
influence of the storm sewer and watermain trenches coa�ructed under this impro�
project. The worst evidence of this situation occurs over the watermain trench wh
reglaced on Decarah Lane between Apache Street and Pontiac Place.
In mast cases, tius situation gmbably occurred as a result of the utility trenc�
saturated during construction, and not as a result of inadequate compaction. Prior tc
all streets were test rolled in an attempt to identify and correct pmblem amas befare
bituminous base course was placed. Same areas were carrected prior to paving, but
rGas
of the sireets appeared to have the necessary stability prior ta �he commencement of
aperations. It has become abvious that the test roll did nat reveal all of the prablem
we would not necess��rily expect that it would. �Vhat often happens is that the street
being tested will bridge ovex the wet am.,as during the test, only to fail in the fu.ture c
periad of time under r��peated t�affic ioadings.
A site inspectian meeting was held to review the situatian, and develop a
the necessary street carrections.
There wer� two aptians discussed to rectify the situation. The first option is
a backhoe to remove the defective street materials and r�place them with new impor�
material.. The problem with tlus method is that it generates material which must be �
of, and the new material also has the patential, to be come sahuated during conshuct
either rainfall or by the sgruikling currently being applied to establi.sh the recently sc
boulevards.
14, 1995
�ed this
se cauYse
ea of
nent
� was .
becvming
Pa�'►g�
the
a majarity
�aving
areas, and
section
ver a
� to make
to bring in
ed
lispt�sed
;on from
�
The second option is to reclaim the broken up blacktop and a si�cant depth of the
street section, and then construct a thick layer of asphalt base in its place. The additional
depth of asphalt would add strength to these areas, and consequently afford the street section
time to stabilize. Although this approach is generally effective, the drawback with this method
is that it daes not address the problem directly.
All things considered, we agreed that it would be better to exercise the second option,
and replace the broken up bituminous base with a thicker section of bituminous base.
One other issue that Council asked us to consider is whether wear course construction
should be dela.yed until next summer as a means of extending the testing period to determine if
other potential pavement pmblem areas will materialize before the final lift of bituminous is
constructed. If the wear course is constructed this fall after all of the current bituminous
repairs have been made, aay new subsequent failures which might appear would be repaired
leaving a bituminous surface patch.
It is common practice to construct the final lift of bituminous wear following a freeze-
thaw cycle for entirely new construction projects. Given the relatively minor level and
shallow depth of utility construction on this project, we were of the opinion that it would be
possible to eliminate this delayed construction practice, and realize some cost savings as a
result by completing the project at 1995 unit prices.
The manholes and gate valves within the bituminous pavement are not currently
accessible. Given the fact that we had planned to construct the final lift of bituminous wear
this 1995 construction season, it was our intention to make these manhole aad gate valve
adjustments once only, just prior to wear course construction. It would be desuable to ha.ve
access to these structures over the winter, but it is not imperative. The cost of this second
adjustment to provide access to these structures over the winter would be aa additional
$11,000, and this cost exceeds any potential risk or inconvience ia our opinion.
The contract documents call for completion of all work by October 15, 1995, and
therefore the Contractor's prices reflect 1995 prices. The Contractor is requesting a price
adjustment for� 1996 wear course construction of $1.00 per ton, or an increase of 4.24 °b . The
esti.mated wear course quantity is 7,800 tons, and therefore the actual cost increase to the
contract would be approximately $7, 800. While this amount is significant in actual dollars, it
amounts to less than one percent of the contract amount. The project is cunently under
budget, and this increase would not put the project over budget. I3elaying the wear course
construction until next year would effectively extend the warranty period beyond the current
contract completion date which is also to the City's advantage.
RECOMMENDATION:
I recommend that Council direct staff to delay wear course construction until the 1996
construction season as being the best course of action to discover if other bituminous base
course problem areas will materialize, and as a means of monitoring all bituminous base
course repairs constructed this fall.
r��-i���;�� �► ���N
If Council concurs with the recommendation, they should direct staff to
change order with the Contractor to de2ay bituminous wear course construction
construction season reflecting a 1996 price ad,�ustment increase.
lu u �i�''�i
ite a
the 1996
CITY OF MENDOTA HEIGHTS
MEMO
September 15, 1995
TO: Mayor and City Council
FROM: Tom Lawell, City Admini t
SUBJECT: Set Future Council Workshop Date
DISCUSSION
At our recent Special City Council meeting to discuss 1996 budc
it was brought up that another City Council workshop should be sched
October. The purpose of this workshop would be to discuss two impo
1) The Metropolitan Livable Communities Act and its imp
City of Mendota Heights.
matters,
:d in early
nt issues:
to the
2) Fiscal planning for, future major equipment purchases, includ�ing
consideration of purchasing a new Fire Department Pumper/�Aerial
Device. I
Possible dates for this workshop are limited due to the fact we ha e already
moved our �egularly scheduled City Council meeting from October 3rd to October
5th to avoid conflicts with the Yom Kippur holiday. We should not push the date
of the workshop too late into the month because our formal decision on
participation in the Metropolitan Livable Communities program must be ade by
November 15, 1995. We will likely need to consider this decision at our first
meeting in November, which is scheduled for November 7, 1995. With is in
mind, it is suggested that we try to meet on Tuesday, October 10, 1995 for
purposes of holding our workshop meeting.
ACTION REQUIRED
Please bring your meeting calendars with you to our upcoming me�
Council should consider scheduling Tuesday, October 10, 1995 as the d�
workshop to discuss the Metropolitan Livable Communities Act and futur
equipment purchases, including the Fire Department's current request to
a new pumper/aerial device.
NOTE: By way of reminder, the Council has previously set Septemk
1995 as the date of its joint workshop with the members of
Planning Commission to further discuss the Highway 55 Stu
,..�.
s of our
capital
28,
CITY OF MENDOTA HIIGHTS
September 19,
TO: Mayor, City Council and City Adminis
FROM: Larry E. Shaughnessy, Treasurer ,,,�
��
RE: Truth in Taxation Hearing
� • •►
At our workshop meeting, we set December 5, 1995 as our meeting date
Taxation Hearing. At that time we set 5:00 P.M. on December 11, 1995 as our
andlor subsequent hearing date.
I�uth In
Due to a conflict with the Metro Sgecial Districts which pre-empt us for a m�eting date
we cannot use the l lth. �
I would suggest we reestablish the continuation hearing date to 5:00 P.M.
Wednesday Deccember 13th. -�
r_ �•. :-• ,�:-.
Confirm the revised meeting date.
�
9-119
_566110
INSTALL "(0
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INSTALL 5` i31 ` 914owP
��
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--To Nth HW l"y I Ud C Ross I naL1
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M e too T A 5 HO P pl nY1 G G 13T X12
ROUGH ESTIMATE TO CONSTRUCT EIGHT FOOT WIDE
BITUMINOUS TRAIL FROM MENDAKOTA PARK TO STH 110
$ 5,300
7,400
32,000
5,000
3,200
5,000
22,000
12,000
8,100
Removals & excavation
Move light poles, hydrant, rock
mulch, and mics. at Standard Station
Extend culverts (3) raise MH, and
place fill to extend bank east of
Dodd at Hwy. 110
Install concrete C/G and island
Signage during and after construction
Crosswalk and edge stripe painting
Restoration along trailway-sod, etc.
Install 8' wide bit trail -1500 lin. ft.
Engineering, survey, inspection
Contingency
Total Project Cost
$ 100,000.00
Total length of this trail segment is 1800 lin. feet.
Approximately 1500 feet is paved with bituminous and
the remainder is painted cross walks of streets and
driveways.
Proposed off-road trail from Mendakota
Park to intersection of Dodd & Hwy. 110
Aug. 24, 1995 GK
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Aug. 24, 1995 GK
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$ 9,000
12,000
1,000
7,000
9,000
3,000
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Storm sewer and catchbasins
Signage &paint stripe
Concrete curb and gutter
Bituminous trail and shoulder
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$ 41,000.
6,000
4,000
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Contingency
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Proposed off-road trail from Hwy.110
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August 29, 1995 GK
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August 29, 1995
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PLAN #
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B
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ALL DIMENSIONS AND CONDITIONS TO BE
FIELD VERIFIED BY THE CONTRACTOR.
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DESIGN
in CLASSICS
CUSTOM HOME DESIGNERS
1680 EAST CLIFF ROAD
BURNSVILLE, MINNESOTA 55337
(612) 882-7940 FAX (612) 882-7942