1993-09-07a
CITY OF MENDOTA �EIGHTS
DAKOTA COIIIQ�s l�INIJRSOTA
S�ptembe� 7, 1993 - 7:30 P.M.
1. Call to Order
2e Roll Call
3. Agenda Adoption
4. Approval of July 20, August 3 and 17 Regular Meeting
August 21 Budget Work Session and August 31 Budget,.
Workahop Minutes.
5. Cons�nt Calendar
*
*
�
a. Acknowledgment of the �uilding pictivity Itepc
` August.
b. Approval of Foxwood Final Plat (Somerset Place)
RRSOL�TION NO. 93-�5
c. Approval of a Temporary Special Use Permit to ]
Firewood, Inc. to Operate a Wood Cutting Operati
d. Approval of Victoria iiighlands Disputed Claim Rele
Authorization of Payment for Seal Coating.
e. Approval of Bid Award for Security Fencing ii
Tower.
f. Approval of Bid Award for Huber Drive Trail Seal C
g. Approval to Appoint Probationary Firefighter.
h. Approval of Trail Easement Corrections.
i. Approval of Joint Powers Agreement with Lilydale
Mayfield Heights Diversion Project.
j. Acknowledgment of the August 24th Planning Com
Minutes.
k. Approval of Resolution Related to Mississippi N
River and Recreation Area - RESOLUTION NO. 93-46
1. Acknowledge Receipt of the August 4, 1993 NDC-4
Minutes.
m. Approval of Fees and itefunding of Industrial
Bonds for Centre Pointe One Associates.
n. Establish December 7th at 7:30 P.M. as the Date
Truth in Taxation Hearing and Adoption of:
a. RESOLUTION NO. 93-47 - Resolution Appr
Tentative 1993 Levy Collectible in 1994
b. RSSOLIITION N0. 93-48 - Resolution Appr
Final 1993 Tax Levy for Special Taxing D
No. 1 Collectible in 1994
c. KESOLIITIOId 210. 93-49 - Resolution Adopt
1994 Prelianinary Proposed Budget
nutes;
�t for
and R
n.
�se and
Water
ating.
for
.ission
tional
:eeting
evenue
or the
ving
ving
strict
6.
7.
f
0
o. Acknowledge Receipt of July 1993 ANOI�l.S lteporte
p. Approval of the List of Contractors.
q. Approval of the List of Claians .
r. Approval of Joint Powers Agreement Regarding Joint Radio
Communications Study.
s. Approval of St. Thomas Academy Request to P,llow the
Operation of a Motorized Boat on Roger°a Lake.
End of Consent Calendar
Public Coaiments
Hearina
a. Friendly Hills Feasibility Hearing - RLSOLII'�IOI1,I19. 93-49
** 7:45 **
8. Bid Awards
a.
b.
Refurbishment of F'ire Truck No. 2287 Bid Award.
Bid Award and Approval of Change Orders for the
Public Worka Maintenarace Facility i3xpansion.
9. ZTafiaished and New Bu$iness
a. Case No. 93-17: Deeb - Wetlands Permit
b.
c.
d.
e.
f.
Consideration of Kane Water Assessment -
RESOLUTION NO. 93-50
RESOLtJTION N0. 93-51
Consideration of Sanitary Sewer Request
(Biel, Rennedy, Rane)
Approval of PUD Oxdinance Aanendment •- ORD=NANC$ N0. 29 5
Discuss Lilydale Utility Connection Charge.
Update on ivy Falls Creek Project.
RESOLIITION NO. 93-52
RESOLIITION NO. 93-53
10. Couacil Commeats
1�. Adjourn.
Auxiliary aids for disabled per�oas are available upoa request
at least 120 hours ia advaac�. =f a notice of lesa thaa 120
hour� is rec�ived, the City o£ �a�dota Height� will mak� �ver�
attempt to provide the aids, how�ver, thia may aot be pos�ib�e
on short notice. Pl�a�� cantact City Administration at
452-1�50 with requests.
0
0
CITY O�' �NAOT�1 �IGHTS
DARATA GA�T'�XB �ial�YI�Ti'sSOTI�I
1�C�iTA�a
�ep��mber '�. 1993 - 7:3Q P.M.
1. Call to Order
2. Roll Call
3. Agenda Adoption
0
4. Approval of July 20, August 3 and 17 Regular Meeting
August 21 Budget Work Session and August 31 Budget..
Workshop Minutes.
5. Gonaent Calendar
a. Acknowledgment of the �uilding Activity Repc
August.
b. Approval of Foxwood Final P].at (Somerset Place)
RESOLUTION N0. 9�-�45
c. Approval of a Temporary Special Use Permit to l
Firewood, Inc. to Operate a Wood Cutting Operati
d. Approval of Victoria Highlands Disputed Claim Re].e
Authorization of Payment for Seal Coating.
e. Approval of Bid Award for Security Fencing i�
Tower.
f. Approval of Bid Award for Huber Drive Trail Seal C
g. Approval to Appoint Probationary Firefighter.
h. Approval of Trail Easement Corrections.
i. Approval of Joint Powers Agreement with Lilydale
Mayfield Heights Diversion Project.
j. Acknowledgment of the Auc�ust 24th Planning Com
Minutes.
k. Approval of Resolution Related to Mississippi N
River and Recreation Area - RSSOLOTION NO. 93-46
1. Acknowledge Receipt of the August 4, 1993 NDC-4 :
Minutes.
m. Approval of Feea and Refunding of Industrial
Bonds for Centre Pointe One Associates.
n. Establiah December 7th at 7:30 P.M. as the Date
Truth in Taxation Hearing and Adoption of:
a. RESOLIIT=ON NO. 93-47 - Resolution Appr
Tentative 1993 Levy Collectible in 1994
b. RESOLUTION N0. 93-48 - Resolution Appr
Final 1993 Tax Levy for Special Taxing D
No. 1 Collectible in 1994
c. RESOLIITIOIa E�TO. 9�-�49 - Resolution 1�dopt
1994 Preliminary Proposed Budget
�utes;
: for
and R
3e and
Water
,ting.
for
ission
tional
eeting
the
t
o. Acknowledge Receipt of July 1993 ANOMS Report.
p. Approval of the List of Contractors.
q. Approval of the List of Claims.
r. Approval of Joint Powexs Agreement Regarding Joint ltadio
Communications Study.
s. Approval of St. Thomas Academy Request to Allow the
Operation of a Motorized Boat on Roger's Lake.
��. . .�_-. -.._
6. Public Commeats
'7. Hearing
a. Friendly Hills Feasibility Hearing - RSSOLIITION NA. 93-49
** 7:45 **
8. �id Awards
a. Refurbishment of Fire Truck No. 2287 Bid Award.
b. Bid Award and Approval of Change Orders for the
Public Works Maintenance Facility Expansion.
8. IInfini$hed and New Business
a. Case No. 93-17: Deeb - Wetlands Permit
b. Consideration of Kane Water Assessment -
RESOLUTION NO. 93-50
RESOLUTION NA. 93-5].
c. Consideration of Sanitary Sewer Request
(Biel, Kennedy, I�ane)
d. Approval of PUD Ordinance Amendment - ORDINANCS NO. 295
e. Discuss Lilydale Utility Connection Charge.
f. Update on ivy Falls Creek Project.
RFSOLOTION N0. 93-52
9. Council Comments
�0. Adjourn.
Auxiliary aida for dis�.bled per�ons are available upon reguest
at least 120 hours ia advaace. If a notice of less thaa 120
hours is received, the City of �iendota Heights will make every
attempt to provide the aicls, how�ver, this may not ]ae po��ibl�
on short notice. Plea�� contact City Admiai�tsatioa at
452-1850 with regue�t�e
CITY OF 1�lEIJAO'I'I� %iEIGI3TS
. t. •
September 7, 1993
T0: Mayor and City Council
FItOI�i: Tom Lawell, City 1�clminist
SUBJECT: Add On Agenda for September 7th Council Nleeting
Additional information is being added to items 5e and �f (*) .
3. �crenda Adaption
5e.
5f.
It is recommended that Council adopt the revised
printed on yellow paper.
Please see attached memo.
Please see attached memo.
MTL:kkb
' I,
�
/
Page No. 3688
July 20, 1993
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, July 20, 1993
Pursuant to due call and notice thereof, the regular meetin
City Council, City of Mendota Heights, was held at 7:30 o'c
at City Hall, 1101 Victoria Curve, Mendota Heights, Minneso
Mayor Mertensotto called the meeting to order at 7:30 o'clo
The following members were present: Mayor Mertensotto, Coun
Huber, Krebsbach and Smith. Councilmember Koch had notifie
that she would be absent.
AGENDA ADOPTION Councilmember Koc moved adoption o
agenda for the eting.
Councilmember Smith seconded the mo
Ayes: 4
Nays: 0
APPROVAL OF MINUTES
Ayes: 3
Nays: 0
Abstain: Krebsbach
Ayes: 4
Nays: 0
Councilmember Smith
minutes of the July
with corrections.
Councilmember Huber
moved approval
6, 1993 regular
seconded the
Councilmember Huber moved to accept
minutes of the June 3, 1993 Joint
Council/Planning Commission worksho
Councilmember Smith seconded the mo
of the
ck P.M.
P.M.
lmember
Council
the
on.
the
e
on.
CONSENT CALENDAR Councilmember Smith moved approval o the
consent calendar for the meeting, re ised to
move items d through g to the regula agenda,
along with authorization for executi n of any
necessary documents contained therei .
a. Acknowledgment of the Treasurer'�S monthly
report for June. �
b. Approval of the issuance of a 2-
sale 3.2 malt beverage license t
Peter's Church for September 18
conjunction with the annual Fath
Days, along with waiver of the 1
fee.
ay, on-
St.
nd 19, in
r Galtier
cense
/ �
Page No. 3689
- July 20, 1993
c. Acknowledgment of receipt of
of the June 2, 1993 NDC-4 me
d. Acknowledgment of a memo from t
Works Director regarding comple
Centre Pointe South grading pla
authorization for the Mayor and
to execute a Developer's Agreem
authorizing filling on Lots 1 t
Block 1, Yorkton Centre Pointe
e. Acknowledgement of an update fz
Administrator regarding the cor.
visitor's bureau proposal.
minutes
x.
Public
on of the
and
ity Clerk
t
ough 4,
uth.
the City
tion and
f. Acknowledgment of a reminder of, he
Kensington Park ribbon cutting c remony to
be held on July 24th at 11:30 a. .
g. Approval of the list of contract r
licenses dated July 20, 1993 and attached
hereto.
i. Approval of the list of claims d ted July
20, 1993 and totalling $1,366,14 .99.
j. Approval of a Critical Area Over ay
District modified site plan for proposed
garage addition at 788 Sibley Me orial
Highway (Schmidt) and waiver of he
required Critical Area applicatibn fee.
Councilmember Koch seconded the mot
Ayes: 4
Nays : 0
HIDDEN MEADOWS PLAT Council acknowledged the final plat
Meadows, along with a memo from the
Works Director, a proposed approving
resolution, a letter from Attorney E
and a proposed "Conservation Easemen
Declaration of Restrictive Covenants
Mayor Mertensotto pointed out that t
plat does not show the requirement f
roadway to the second lot. He state
wants to be sure that the conservati
easement document contains a require
the land owner understands that no b
permit will be issued for Lot 2 unti
foot roadway is constructed over the
access easement.
r Hidden
blic
an Coobs,
and
�
final
a
that he
nent that
�ilding
L the 2 0
private
/ �
Page No. 3690
\ ` July 20, 1993
A'dministrator Lawell stated that the
preliminary plat contains a number o
but that a final plat is not as deta
further stated that staff recommends
language with reference to the requi
a 20 foot roadway, with 12 feet of i
surface width and 4 foot shoulders,
included within the conservation eas
(agreement) document for recording a
county.
Councilmember Smith moved adoption o
Resolution No. 93-40, "RESOLUTION AP
FINAL PLAT FOR HIDDEN MEADOWS," cond
upon an amendment to the "Conserva�i
Easement and Declaration of Restrict
Covenants�� to provide that no buildi
will be issued until a roadway meeti
requirements and as discussed herein
and subject to the filing of the ame
document with the county.
Councilmember Smith seconded the mot
Ayes: 4
Nays: 0
FIRE TRUCK Council acknowledged the specificat
REFURBISHING the refurbishing of fire truck 2287
request for authorization to advert
bids.
Mayor Mertensotto stated that Counc
concerned with the bottom line and
the fire department representatives
Council will make its decision on t
and the four alternates based on th
factors involved and the projected
the equipment after the refurbishin
He further stated that all bidders
required to submit a base bid and b
of the alternates.
Councilmember Huber stated that he h
questions regarding inspection trips
department personnel. He stated tha
understands that inspections must be
during construction of the unit but
whether the inspections should be by
city's fire personnel or by an indiv
would typically perform inspections
type of construction. He was concer
the responsibility for a default in
construction if city personnel do th
inspection.
' notes
led. He
that the
�ement for
,proved
s
ment
the
ROVING
tioned
n
ve
g permit
g fire
is built,
ded
on.
ns for
nd a
e for
is
utioned
hat
base bid
cost
lue of
is done.
st be
s on all
by fire
he
made
uestioned
the
dual who
f this
ed about
>�
Page No. 3691
- July 20, 1993
Firefighter Marc Connolly responded i
of the inspection trips on past equi�
been done by local personnel and thai
inspections provide an opportunity f<
department to view the construction �
phases. He explained that the Natioi
Protection Codes require that bidder:
include the cost of inspection trips
bids.
Councilmember Huber felt that somewh
the line the city should put relianc
someone else that the truck has been
manufactured according to specificat
Mayor Mertensotto suggested that per
inspection trips should be removed f
specification, and that if the Fire
deems the trips necessary they could
later.
Fire Chief Maczko stated that the in
trip language in the specification i
language and does not relieve the ma
from having to certify that the work
and materials are in accordance with
specification. The manufacturer wou
be responsible for any defects. He
that the trips in the specification
pre-construction conference with dep
personnel and the manufacturer, an i
to be sure that the cabinet sizes ar
specified, etc., in order to catch ai
before there are costly changes reqw�
to be sure that nothing that is need,
been left out of the specification,l
last inspection is to be sure that
color is correct, etc. He informed
that the burden of proof for the gr
steel, etc., remains the responsibi
manufacturer who must provide a wri
warranty. He felt that from a city
perspective the inspections are nec
hat all
ment have
such
r the
etween
al Fire
must
in their
re along
on
on.
aps the
om the
�epartment
be added
pection
standard
ufacturer
d still
xplained
nclude a
rtment
spection
as
y errors
red and
d has
nd the
e paint
ouncil
e of
ty of the
ssary.
Councilmember Smith stated that it 's a good
idea to check things out periodical y to make
sure the construction is being done the way
the city wants it to be done.
Councilmember Huber stated that his concern
was that the city might be somehow onveying
to the manufacturer that the vehicl is
acceptable and may be relieving the
manufacturer of liability. He furt er stated
1�
Ayes: 4
Nays: 0
PARKS AND RECREATION
COMMISSION
�
Page No. 3692
� July 20, 1993
that as long as this is not the case
with the recommendation for inspecti
Councilmember Smith moved that the pr
construction conference should be hel
city and should include as many fire
department representatives as Chief M
feels are needed, that two inspection
three department personnel are author
that all bidders must submit a base b
bids on all alternates.
Councilmember Krebsbach seconded the�
Councilmember Krebsbach stated that,
like information on the use of the s
fields. She stated that there was C
discussion on increasing the size of
Kensington fields so that there is 1
physical contact during play, and as
the use of the fields is in relation
size of the fields and age groups.
asked if the capital improvement pro
requested in 1992 or whether it is s
that is routinely done.
Assistant Batchelder responded that
have been designed as large as possi
are large enough to accommodate adul
pointing out that there are other, s
fields throughout the city. With re
the CIP, he stated that the CIP for
system has been done in the past whe
Public Work Director does the park b
that since the referendum the park s
has changed and a recreation.program
been hired. When the Commission was
with the question of whether to buil
bridges in two parks, they posed the
of what other major cost improvement
occur in the future and directed sta
prepare a plan. He explained that t
Commission wants to take a thorough
the park system and the plan may tak
as eight months to prepare.
Councilmember Krebsbach also express
about the power lines in Kensington
stated that she would like to be sur
continues to hold the $25,000 that w
aside to move the power lines if it
necessary.
e agrees
trips.
at the
czko
trips by
zed, and
d and
otion.
e would
cer
mission
ss
ed what
to the
he also
ram was
mething
he fields
le and
soccer,
aller
pect to
he park
the
dget but
stem size
er has
faced
two
question
will
f to
ook at
as long
a concern
ark and
the city
s set
ecomes
�
IVY FALLS CREEK
MEETING
Ayes: 4
Nays: 0
Page No. 3693
- July 20, 1993
Mayor Mertensotto responded that Cou
taken the position that if the locat
lines becomes a problem the city wou
$25,000 out of the referendum monies
relocate them. He further stated th
has given this assurance to the Comm
cil has
on of the
d spend
to
t Council
ssion.
Assistant Batchelder stated that $25 000 of
the referendum funds was earmarked f�r this
purpose in 1992 and remains set asid for the
purpose.
Councilmember Smith pointed out that North
Kensington Park has not been complet d and the
improvement cost has never been de�e ined
because the needs have not been dete� ined.
She asked if funds have also been ea�marked
for IJorth Kensington Park developmen�.
Assistant Batchelder responded that
development of North Kensington is a line item
in the referendum budget.
Councilmember Huber moved to acknowl dge
receipt of the minutes of the July 1 th Parks
and Recreation Commission meeting.
Mayor Mertensotto informed the audie ce that
an informal meeting to review the fi al plans
with residents affected by the Ivy F lls Creek
project will be held on July 26th.
Council briefly discussed the status of
easement negotiations. Mayor Merten otto
pointed out that all property owners should be
treated the same, and that the proje t cannot
continue until all easements are ac ired.
Councilmember Smith moved to proceed with
condemnations necessary for the acqu'sition of
easements in conjunction with the Iv Falls
Creek project.
Councilmember Huber seconded the mot'on.
PUBLIC COMMENTS Mr. Fred Fisher, 1869 Eagle Ridge D
stated that he is very interested i
farm issue and that he had first be
on the matter in a recent newspaper
Mayor Mertensotto informed M�: Fi h
farm was originally built in 1978 a
currently owned and occupied by M.
ve,
the Burow
informed
xticle.
that the
is
m Burow,
�
•
;1
CASE NO. 93-15,
VISITATION C.U.P
Page No. 3694
July 20, 1993
the third generation of his family t� own the
farm. He explained that a recent fi e in the
home caused ext�ensive damage and the owner had
no insurance and that Council has di cussed
the potential for preserving the far�stead so
that elementary school children can our it
and learn about working farms and th
wildlife. He further stated that it has been
proposed that the property be acquir d be a
non-profit corporation and that Mr. �urow be
given a life estate on the property.
Council acknowledged a memo from the City
Administrator regarding revised plan for the
proposed Visitation child care facil ty and
possible conditions of approval, and a memo�
and proposed resolution from Assista t
Batchelder. �
Mr. Gary Ostberg, representing the C
the Visitation, reviewed a revised s
plan, informing Council that the str
been relocated to south of the tenni
and that city sewer and water are av
the proposed location. He informed
that the structure will have a wood
E
nvent of
etch
cture has
court
ilable at
ior.
Councilmember Krebsbach stated that he
revised proposal appears to have res�lved all
of the concerns voiced at the last C�uncil
meeting.
Councilmember Smith asked what has b en done
to address the concern over traffic �n Lake
Drive.
Mayor Mertensotto stated that traffi
dealt with in the future if it becom
problem. He commended the parents a
building committee and especially th
Visitation Sisters for moving the pr
facility to an excellent location.
out that in its proposed location, u
are available, a building is close b
protection during storms and the chi
not have to cross a parking lot to g
playground. He informed the applica
approval this evening will be contin
the conditions recommended by the P1
Commission and the filing of a site
detailed set of plans showing what i
to be built. He also confirmed that
Convent is requesting a five-year te
permit for the structure.
can be
a
the
e pointed
ilities
for
dren will
t to the
ts that
ent upon
nning
lan and a
proposed
the
pora,ry
•Y : i
Ayes: 5
Nays: 0
�
Page No. 3695
July 20, 1993
Councilmember Krebsbach asked if Cou�
assume that the structure will be co�
the city's sewer and water systems.
Ostberg responded that he would like
reserve the option to install a sept:
if it becomes necessary. He stated 1
first preference is city utilities bi
grade and flow have not yet been detE
cil can
nected to
Mr.
to
c system
hat the
t the
rmined.
Mayor Mertensotto stated that Counci would
prefer the connection to city utilit es but if
it is determined in the final plan t at this
cannot be accomplish, he would be re�eptive to
the applicants coming back before th Council.
Council was informed that the build�
earthtone colors to match the brick
school.
Administrator Lawell stated that the
conditions in his memo was developed
Planning Commission and that the Cou
conditions includes reference to par
the potential need for setback varia
parking lots and buildings.
Councilmember Smith moved adoption o
Resolution No. 93-41, "A RESOLUTION .
A CONDIT30NAL USE PERMIT AND A SIZE '
FOR TEMPORARY�BUILDING AT THE CONVEN'
VISITATION SCHOOL FOR AN EARLY CHILD:
MONTESSORI PROGRAM," for a temporary
limited to a period not to exceed fi�
the structure to be located on the a
on the sketch plan reviewed this eve
conditioned upon the submission of c
drawings for the project and subject
nine conditions cited in the City
Administrator's memo.
Councilmember Krebsbach seconded the
It was the consensus of Council that
approval includes approval of any va
that are necessary and that if the s
is not connected to the city's utili
applicants must appear before Counci
request approval of on-site systems.
will be
the
list of
by the
cil's
ing and
ces from
ARIANCE
OF
structure
e years,
ea shown
�rrect
to the
motion.
the
-iances
:ructure
:ies, the
_ to
CASE NO. 93-12, Council acknowledged a report from A sistant
BAARS C.U.P Batchelder relative to and applicati n from
Mr. Clifford Baars for a conditional use
permit for accessory structure to al ow
3
l
Page No. 3696
July 20, 1993
construction of a second (detached)
1947 Knob Road. It was noted that
Planning Commission had recommended
Mr. Russell Crowder, legal counsel f
Baars, stated that Mr. Baars purchas
home in August, 1992 from his father
told him that a city inspector had i
him that he could build a 1,000 squa
garage. Mr. Baars thus thought he c
the garage and applied for the permi
October 1992, at which time he was t
city that he needed a variance. Mr.
began the process but did not procee
he could not construct the structure
winter. When he started the process
the spring the Zoning Ordinance had :
amended to require a conditional use
Mr. Crowder informed Council that th
home is about 2,000 square feet of 1
space and there is a one stall garag
cannot be expanded because it is wit:
feet of the property line to the nor
explained that the only solution is
the rear of the property, where ther
existing driveway. He stated that i
garage is attached with parking in f:
it, the back yard would be almost al
and building. He further stated tha�
Baars have four vehicles and want to
garage that would allow them to stor�
vehicles and avoid parking them in t]
driveway or on the street. Mr. Crow�
that letters of approval have been r�
from the neighbors within 150 feet o
Baars property, except the owner imml
to the south, and that the individuai
objected at the Planning Commission l
lives a couple of blocks away. He s�
the only neighbors who would have a
the proposed garage have submitted 1
stating that they have no objection.
pointed out that there are many 3-ca
in the city, that the Baars have to
keep their cars inside a structure o
if the proposed garage is approved,
he feels the application meets the c
of the conditional use permit proces
rage at
1.
r Mr.
d the
who had
formed
e foot "
uld build
in
ld by the
Baars
because
over
again in
permit.
Baars
ving
which
in 18
h. He
o go to
is an
the
ont of
blacktop
the
build a
their
er stated
ceived
the
diately
who
earing
ated that
iew of
He
garages
bility to
her than
nd that
nditions
Mayor Mertensotto responded that the e are
many 3-car attached garages in the c'ty but
that he does not know of many which re free-
standing but that those which are ge erally
are the ones which have caused probl ms.
i j
0
.
Page No. 3697
July 20, 1993
Councilmember Krebsbach stated that :
believes the Planning Commission recc
denial of a three-car garage in the c
Point neighborhood in 1992. Assista�
Batchelder responded that Council de�
variance application because the pro�
structure would have been to large i�
proportion to the applicant's home a�
neighboring homes.
Councilmember Smith pointed out that
already two garages on the property,
attached and one detached, and asked
one is being used as a garage. Mr:
responded that the overhead door on
attached garage has been sealed and
be used as a garage. He explained t
area has not been used as a garage f
years and the prior owners used the
his hobbies.
Mr. Baars informed Council that he b
permanent wall, of cement block and
in front of the door. Responding to
question, he stated that the propose
would be a maximum of 15 feet tall.
t
ied that
�osed
d the
there are
one
why only
t cannot.
at the
r many
rea for
ilt a
lywood,
a
garage
Mayor Mertensotto pointed out that M. Baars
is requesting a 36 by 26 foot garage with
three overhead doors and that while he Baars
lot is very large, the depth is only 135 feet.
He asked whether Mr. Baars had consi�ered
attaching the garage.
Mr. Crowder responded that given the
the lot, the only place it could be
would be at the rear of the home, wh
use up most of the rear lot and they
have to blacktop a drive to it. He
stated that if it were attached, it
to have poured footings.
Mayor Mertensotto pointed out that t
already a garage and an accessory bu
the lot. He also expressed concern
garages like what Mr. Baars proposes
way of becoming commercial propertie
layout of
ttached
ch would
would
lso
ould have
ere is
lding on
hat
have a
0
Mr. Baars responded that he will rem ve the
accessory building. Mr. Crowder sta ed that
Mr. Baars has no intent to use the g rage for
commercial purposes and if he were t sell the
!J
0
Page No. 3698
July 20, 1993
property, it is in a residential are�
cannot be used commercially.
Mayor Mertensotto stated that a gara
three doors of the height proposed w
very inviting for commercial activit
future, and pointed out if the struc
became used for commercial purposes
would complain to Council and ask wh
construction was ever approved.
Mr. Crowder responded that it is not
for a house the size of the Baars re
have at least a three car garage. H
explained that Mr. Baars needs the�s
to house his collectible car and the
used to haul it. �
Mr. Baars stated that standard sized
doors would be acceptable.
Councilmember Krebsbach stated that
like to have a better sense of the
neighborhood opinion on the garage.
pointed out that Council must protec
integrity of the neighborhood and if
approved, the structure would have t
unobtrusive as possible, including a
in size. She asked if a two car gar
be acceptable.
Mr. Baars responded that he could
structure to a two car garage if n
that his intention is to store not
outside.
Mayor Mertensotto stated that Counci
concerned about setting precedent, p
out that if the structure were appro
proposed size, other individuals wis
build a similar garage in the future
point to the Baars garage as an exam
Mr. Herman Marthaler, 1957 Knob Road
that he would like the neighborhood
a nice, quiet residential neighborho
that he cannot believe a 36 by 28 fo
building would be compatible with th
neighborhood. He informed Council t:
lives next to the Baars property and
structure would be visible to him. :
stated that Council would have no co:
use of the garage when Mr. Baars sel
and
with
ld be
in the
re ever
ople
its
uncommon
idence to
trailer
garage
would
She
the
it is
be as
reduction
cte would
ce the
sary and
must be
inting
ed at the
ing to
could
le.
stated
remain
and
at he
the
e further
trol over
s the
�
Page No. 3699
- July 20, 1993
property and expressed concern that
ultimately be used for commercial p
Mayor Mertensotto asked Mr. Marthale
would still object if approval were
conditioned upon the permanent closi
existing tuck-under garage and the p
structure were scaled back to two-ca
with doors no higher than 8 feet and
conformance with all setback require
t will
if he
g off of
oposed
size
in
ents.
Mr. Marthaler responded that he has ever had
an objection to the tuck-under garag which
was used as a garage until recently ut that
he would not object to a standard si ed two
car garage with standard doors.
Administrator Lawell stated that sta�dard
residential garage doors are seven f et tall.
Responding to a question from Councilmember
Smith, Mr. Baars stated that he woulc� lower
the entire garage height by one footlfrom what
he has proposed.
Councilmember Huber pointed out that there is
considerable vegetation on the Baars property
but the least amount of vegetation i on the
side of the property that faces the arthaler
lot.
Mr. Marthaler stated that he underst
if there was a garage on a property
additional structure that would be a
a small accessory structure. He ask
owner of the property on the other s
lot could build a three car garage i
Baars is allowed to construct a two
and what impact the approving action
have on the Zoning Ordinance.
Assistant Batchelder responded that
ordinance allows only one garage per
whether attached or detached. The m
garage size required is 440 square f
the maximum allowed is 1,000 square
stated that Mr. Baars is requesting
conditional use permit to allow an a
structure and that the garage would
considered an accessory structure if
no other garage on the property.
�od that
.he only
lowed is
:d i f the
de of his
' Mr .
ar garage
would
property,
nimum
et and
eet. He
cessory
ot be
there was
Mr. Mike Haverkamp, 1920 Knob Road, tated
that he attended the Planning Commis ion
i
Page No. 3700
- July 20, 1993
hearing and opposed the structure be
its size and because he did not feel
be compatible with the neighborhood.
further stated that the real issue i
of the garage and the question of wY�
prevent someone else in the neighboz
doing the same thing in the future.
Mayor Mertensotto asked if Mr. Have
continue to object if the tuck-unde
was permanently closed off and the
garage were reduced in size. Mr. H
responded that if Council felt it w
compatible with the neighborhood he
obj ect . �
Councilmember Krebsbach felt that i:
neighborhood and others Council sho�
tighter on granting variances unles;
neighborhood standard that the resi�
comfortable with accessory structur�
prefer that cars, etc., are stored .
She stated that Council cares very �
each neighborhood and does not want
owners to think that they can get v�
simply because someone else did.
Mr. Larry Markgraf, 1934 Knob Road,
that there are two large evergreen
front of the area where Mr. Baars �
build the garage and the structure
be seen from the street. He did nc
two-car garage would negatively im�
neighborhood.
Mr. Neil Quehl, 1968 South Lane, st
his property is about 200 feet from
lot and that his biggest complaint
neighbors must come to a hearing to
their opinions. He felt that when :
appeared before the Planning Commis
process should have been stopped be
the objections from the neighbors. :
that he is sure that a three car ga
end up as some kind of a business b�
would not object to a two car garag�
asked what happens to approved cond
permits in the future.
ause of
it would
He
the size
t would
ood from
amp would
garage
oposed
erkamp
ld be
ould not
this
cl get
it is a
nts are
and
side.
ch about
roperty
iances
tated
ees in
poses to
uld not
think a
t the
ted that
the Baars
s that
voice
r. Baars
ion the
ause of
e stated
age would
t that he
. He
tional use
Mayor Mertensotto responded that Mr. Baars or
any future owners would have to com ly with
the conditions imposed on the permi .
,
Page No. 3701
- July 20, 1993
� Councilmember Krebsbach asked why M
has not requested an attached garag
Crowder showed�Council drawings of
existing home and stated that if th
were attached the back yard would b
entirely filled with the garage and
Mr. Baars stated that he proposes i
plan to plant spruce trees around t
structure. He further stated that
attaching a garage would be prohibi
would have no back yard, and the ci
line location would present a probl
getting footings in.
Councilmember Krebsbach asked if th
location could be moved so that the
would not be so much in the Marthal
line. Mr. Baars responded that the
in the size of the structure would :
south side and the garage would the.
very visible to the Marthalers.
Councilmember Krebsbach pointed out
Planning Commission had recommended
the application.
Mr. Baars responded that the discu
abruptly cut off and he had no cha
a compromise.
Mayor Mertensotto suggested that co
for approval could include a maximu
28 feet wide by 26 feet deep, a rev
the site plan to take 10 feet off o
side of the structure, that it be s
feet from the Marthaler property li
be a maximum of 728 square feet and
with the 10 foot rear yard setback
and that the attached garage be per.
closed off. He further suggested t:
door height should be no more than
that the overall structure height s;
reduced by one foot, that the exist
should be removed and that the stru
be used for residential storage onl;
for commercial activity.
Councilmember Smith felt that six t�
proposed in the site plan was not si
and that more landscaping should be
the east.
Baars
Mr.
structure
almost
lacktop.
the site
.e cost of
ve, he
�'s sewer
. in
proposed
`sight
on its
not be
t the
ial of
n was
to offer
ditions
size of
sion in
the south
t back 50
e, that it
comply
anently
at the
feet,
ould be
ng shed
ture can
and not
ees
fficient
added to
Ayes: 4
Nays: 0
OUTLOT'A, EVERGREEN
KNOLLS
Page No. 3702
� July 20, 1993
Mr. Baars responded that he can plan
trees at the back of the garage and
the south side. Responding to a que
Mayor Mertensotto, he stated that he
landscape the existing blacktop area
two
our
tion
will
on
f rom
Councilmember Krebsbach stated that er only
objection to approval with the condi ions
suggested is that the rest of the ne ghborhood
may wish to do the same thing.
Administrator Lawell responded that
application is not for a variance bu
for a conditional use permit and the
can set conditions to keep such a st
compatible with the neighborhood. H
out that a conditional use must be c
with the neighborhood and preserve t
in the neighborhood and that an appl
for conditional use permit requires
hearing.
ne
rather
Council
ucture
pointed
mpatible
e values
cation
public
Mayor Mertensotto stated that before any
action is taken he would like a reso ution
prepared stating all of the conditio s for
approval.
Councilmember Smith moved to continu
discussion to August 3rd.
Councilmember Krebsbach seconded the motion.
Council acknowledged a memo from Pub
Director Danielson detailing options
sanitary sewer service in connection
continued discussion on a request fr
Janice Simmonds for the development
A, Evergreen Knolls.
Mayor Mertensotto stated briefly rev
options, which included extension of
city's sewer from Bachelor Avenue, i
of a connection charge and allowing
connection of the property to existi
utilities, on-site utilities, and a
determination that the lot is curren
unbuildable due to the lack of utili
Ms. Simmonds responded that at the :
meeting she had asked Council to wa:
hook up charge because of the cos.t i
to the sewer.
ic Works
for
with the
m Ms.
f Outlot
ewed the
the
position
ly
ies.
the
connect
�
,
�
�
Page No. 3703
� July 20, 1993
Mayor Mertensotto responded that Co
not waive hook up or assessment cha
Ms. Simmonds stated that because the
unbuildable now, the city is losing
potential and the cost for connectin
to existing city utilities is very h
il does
s.
lot is
the lot
Mayor Mertensotto asked Mr. Jim Gryc,
developer of Evergreen Knolls and cu rent
owner of the subject lot, what the t inking
was on development of the lot at the time the �
plat was presented. �
Mr. Gryc responded that when the pla
proposed, the people in Cherry Hills
to the extension of Wachtler and it
ultimately decided that the street s.
be built towards the outlot. It was
determined that the outlot would bec
buildable when the street is extende
would be connected to the sewer syst
time. He further stated that fill w
to the outlot and building pads for
were designed in anticipation of the
extension of Wachtler. He informed
that Par 3 granted the city right-of
the time of platting but that the Sl�
objected to the extension proposal a:
grant right-of-way.
was
objected
ld only
and it
m at that
s brought
wo lots
future
ouncil
way at
winskis
d did not
Mayor Mertensotto stated that if one of the
real problems is opening Wachtler an� the
residents of Cherry Hills and the Sl�winskis
do not want the extension, perhaps C=uncil
should consider just extending the u ilities
from the south without extending the street.
Mr. Gryc responded that there is a t�rrain
problem and filling would be needed.
Mayor Mertensotto asked Ms. Simmonds if her
perspective would change if the outl t could
be divided into two lots.
Ms. Simmonds responded that she wa
purchase the property as one build
Councilmember Krebsbach stated that
Hills residents and the Slowinskis w
always object to the extension of Wa
that Council cannot assume that thos
neighbors would ever want the street
further stated that she does not kno
to
site.
he Cherry
11 likely
htler and
She
that
Page No. 3704
� July 20, 1993
'f residents should pay the extra cost
accommodate development of the outlo
the fact and that she is concerned a
precedent that an extension of the s
from the south would set. She also
out that the outlot is a highly desi
piece of property.
�
after
ut the
er line
inted
ble
Councilmember Smith stated that give� current
conditions the septic system option ow and
connection to the city system when i is
extended in the future is the simple t answer.
Ms. Simmonds disagreed stating that here is
always the potential that she woulcl ave to
replace the septic system over a per'od of �
time and then have to hook up to cit sewer
later.
Councilmember Huber asked what cost here
would be to Ms. Simmonds if she now 'nstalls
an on site system and is forced to c nnect to
the sewer at some future time when i is
extended from Bachelor. �
Public Works Director responded that a typical
sanitary sewer assessment today is a out
$3,000 per lot, and the outlot is re lly two
lots so the assessment would likely l�e about
$6,000. �
Councilmember Huber stated that he w�uld have
difficulty supporting the Bachelor A enue
sewer extension option.
Councilmember Krebsbach stated that
should not be called upon to subsidi
cost of the utility and pointed out
property is an outlot for a reason a
city should not incur any cost for i
development.
Mayor Mertensotto pointed out that
developing the outlot as one lot,
assessment is being eliminated.
he city
e the
�
the
Ms. Simmonds responded that it is cu rently
only one lot. She asked if the city will
extend the existing sewer pipe furth r towards
the lot.
Mayor Mertensotto responded that Cou cil has
no justification for spending tax pa ers'
money that cannot be recaptured and hat by
Page No. 3705
- July 20, 1993
allowing the outlot to be developed s a
single building site one assessment ill
already be lost.
Responding to a Council question, Pu lic Works
Director Danielson stated that if th
Slowinski property were to develop i the
future, the utilities would probably be
extended from Bachelor.
Ms. Simmonds stated that at the last Council
meeting there were two other matters to
address, the turn-around and the par
dedication.
Mayor Mertensotto responded that th� city �
never waives park dedication fees an that the
city would require a park contributi ri of
$�50.
Administrator Lawell stated that gen
city provides a cul-de-sac to provid
turn-around for fire vehicles. He a
what is proposed is adequate. Publi
Director Danielson responded that ri
just goes to a dead-end barricade an
barricade would have to be removed t
snow plowing.
Mayor Mertensotto stated that the en
the lot could come off of the street
the distance from the proposed house
street does not appear to be a probl
Public Works Director Danielson info
Council that there were erosion prob
during construction of past developm
area, and he recommended that any ap
conditioned upon the provision of ad
erosion protection to protect the S1
from damage.
Mayor Mertensotto informed Ms. Simmo
Council will not waive the hook-up c
that she must make a decision on wha
wants to do, that the city will not
cost of extending the sewer main to
and that she must work with the engi
staff regarding erosion control.
rally the
for a
ked if
Works
ht now it
that the
allow
ry way to
and that
to the
ems
nt in the
roval be
quate
winski
ds that
arge and
she
ay the
he outlot
eering
COMMUNITY SURVEY Councilmember Krebsbach informed Cou cil that
she and Councilmember Smith had met ith
Administrator Lawell and Mr. Morris, from
Decision Resources, and had reached
Page No. 3706
- July 20, 1993
consensus on the final form of the s
which is the draft being reviewed th
evening. She felt that the current
better addresses the type of informa
Council desires.
Administrator Lawell stated that Cou
Koch had asked him to inform Council
concern over Option A on page 4, spe
over the language stating that the c
acquire and hold the land. She had
out that Mn/DOT may be willing to ho
land but that the city can purchase
from Mn/DOT. She wanted to make sur
cost of purchase is identified. �
raft
ion
cilmember
of her
ifically
ty can
ointed
d the
he land
that the
Mayor Mertensotto responded that the e would
be no cost to the city since the ac isition
would be through MSA funding.
Administrator Lawell suggested that �he
language be revised to state that th "city
could cooperate with Mn/DOT to hold �his land
in its currently undeveloped state f�r
possible future roadway use."
Councilmember Huber moved to approve
questionnaire, revised to include th
proposed by Administrator Lawell on
authorize Decision Resource Ltd. to
survey phase of the project and to a
payment to DRL in the sum of $2,500.
Councilmember Smith seconded the mot
Ayes: 4
Nays: 0
the
amended
age 4, to
egin the
thorize
on.
DAKOTA ALLIANCE FOR Council acknowledged a memo from the City
PREVENTION Administrator regarding the appointm nt of a
city representative on the Dakota A1 iance for
Prevention (DAP).
Councilmember Krebsbach stated that he feels
Council should always interview cand'dates who
will represent the city in an offici 1
capacity.
Administrator Lawell stated that Coi
scheduled to interview Air Noise Co7
applicants on July 22 and suggested
may also be possible to interview tl
candidate, Mr. William Payne, on th�
also.
cil is
ission
hat it
DAP
evening
BID AWARDS: ASSOCIATED
BUREAUS/SEAL COAT
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
�
It was the
meet with
July 22.
Page No. 3707
July 20, 1993
consensus to invite Mr. P�yne to
Council for a brief interv�ew on
Council acknowledged a tabulation of
received for public improvements to
Associated Bureaus and a memo recomm
award of bid for seal coating to Str
Irwin Paving, inc., the only bidder
slurry seal project.
Councilmember Smith moved to award t
for 1994 slurry seal coating to Stru
Paving, Inc. for its bid of $44,200.
Councilmember Krebsbach seconded the
Councilmember Krebsbach moved adopti
Resolution No. 93-42, "RESOLUTION AC
BIDS AND AWARDING CONTRACT FOR CONS7
THE ASSOCIATES BUREAUS IMPROVEMENTS
LOTS 1 AND 2, BLOCK 1 AND LOT 1, BLC
MENDOTA HEIGHTS BUSINESS PARK 4TH AI
(IMPROVEMENT NO. 92, PROJECT NO. 4),
the contract to Ryan Contracting, Ir
its low bid of $211,525.75.
Councilmember Smith seconded the mot
bids
,erve .
:nding the
.ck &
�n the
e proj ect
k & Irwin
motion.
n of
UCTION OF
0 SERVE
K 2,
ITION
awarding
., for
MPRS LITIGATION Council acknowledged an update from �
Administrator Lawell regarding the M nnesota
Police Recruitment System (MPRS) lit'gation.
Mayor Mertensotto reviewed the memo nd
recommendation for the thirty six ci ies
involved in the litigation to jointl retain
Holmes & Graven as legal counsel.
Administrator Lawell responded that
did not approve the agreement for jo
retention of Holmes & Graven in Janu
has been carried so far because the
LMCIT involvement. He explained tha
has two options. One option is not
participate in the group defense and
its own legal counsel but still be 1
the cost associated with the joint d
The other option is to approve the j
defense agreement.
Mayor Mertensotto stated that he d
it would be in the city's best int
involved in the joint defense and
e city
t
y and
sue was
the city
retain
able for
fense.
int
not feel
st to be
ld strike
Ayes: 4
Nays: 0
WORKSHOPS
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
Page No. 3708
' July 20, 1993
the third paragraph of the resolutio�
also recommended that an additional �
be added to stated that the city sha:
provided with timely billing reports,
preferably on a month to month basis,
Councilmember Smith moved adoption o
Resolution No. 93-44, "A RESOLUTION
AUTHORIZING HOLMES & GRAVEN TO REPRE
CITY OF MENDOTA HEIGHTS IN LAWSUITS
BY JOHN STARKS AND CHRISTOPHER FIELD
amended to delete the third paragrap:
the language recommended by Mayor Me
Councilmember Huber seconded the mot
Council acknowledged a memo from Ad
Lawell regarding future workshop da
Councilmember Krebsbach moved to conc
Target Issues Workshop on Saturday, �
from 8:00 a.m. to noon at City Hall.
Councilmember Smith seconded the mot:
Councilmember Smith moved to conduct
workshop on August 31 at 7:00 p.m.
Councilmember Krebsbach seconded thei
COUNCIL COMMENTS Mayor Mertensotto stated that he had
� a call from Mr. Dale Johnson, on Dodc
regarding storm sewer. He asked sta:
research whether the Johnson propert`
assessed for storm sewer. '�
Mayor Mertensotto informed Council t
received a call from the Victoria To
Association regarding the condition
private street in the development an
desire of the association to resolve
question of city financing for seal
He stated that the association has r
bid of $3,468 for crack filling and
sealing and that they are asking the
participate by paying 50% of the cos
the contention of the association th
condition of the street is three to
worse than those in the Victoria Hig
Addition and that if the city partic
the cost the association will give t.
. He
aragraph
1 be
ENT THE
n
�and add
tensotto.
�.nistrator
�:s .
luct a
�ugust 21,
.on.
a budget
motion.
received
� Road,
`f to
� had been
t he had
f the
the
the
oating.
ceived a
lurry
city to
. It is
t the
our times
lands
pates in
e city a
Page No. 3709
July 20, 1993
release from any future claims rega
construction and maintenance of the
Councilmember Krebsbach stated that
biked around the townhomes area and
Victoria Highlands development and
are in the same condition. She fur
that if the developers wanted priva
and had the city install them, the
is responsible for the street maint
She felt that the association is lo
good will gesture from the city and
that she would be willing to agree
expenditure of $1,000 if that would
the association. `
Councilmember Huber stated that he w
support the request with the conditi
the City Attorney review the release
stating that it should include relea
city from any liability for design a
installation of the roadway and any
bills for its maintenance. He felt
association should pay for the slurr
the city should then pay the associa
Council directed the Public Works Di
contact the association to indicate
Council is willing to accept its prc
resolve the matter, subject to agree
the Association Board of Directors a
of the release by the City Attorney.
ing the
ing road.
has
e streets
er stated
streets
sociation
ngyfor a
dicated
a city
pease
n that
first,
ing the
at the
seal and
on.
ctor to
at
sal to
nt f rom
review
There was discussion over parking al�ng
Mendakota Drive for the annual park
celebration, as it relates to no-par ing
signs, and it was the consensus that the
police officer on duty should exerci e his
judgment in permitting parking by di ecting
that the no-parking signs be hooded �luring the
time parking spaces are needed. �
ADJOURN There being no further business to c�me before
the Council, Councilmember Krebsbach moved
_.. Page No . 3 710
- July 20, 1993
that the meeting be adjourned.
Councilmember Huber seconded the
Ayes: 4
Nays: 0
ATTEST:
Charles E. Mertensotto
Mayor
on.
TIME OF ADJOURNMENT: 11:08 o'CloCk P�M.
Kathleen M. Swanson
City Clerk
�
�
LIST OF CONTRACTORS TO BT APPROVED BY CITY COUNCIL
Jtzly 20, 1993
Aaphalt Licease
Dako�a Blacktopping
Masonrv Lice�nse
R.M. Construction
�as Piping Liceuse
Aqua City Plumbing Znc.
Vollhaber xeating & A/C Inc.
BVAC Li�ease
Ameri.can Burner Service
Cedar Va21ey xeating '`� 1
New Mech ,
Vollhaber Heating & AjC
General Contrac�Qrs Lic�nse
Helton�s Handyman Service •
pr,ywall License
Pro Drywall =nc.
Russwick Con�.ractors Inc.
Page No. 3711
- August 3, 1993
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, August 3, 1993
Pursuant to due call and notice thereof, the regular meeting
City Council, City of Mendota Heights, was held at 7:30 o'cic
at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesot2
�f the
;k P.M.
Mayor Mertensotto called the meeting to order at 7:30 o'cloc P.M.
The following members were present: Mayor Mertensotto, Couflc'lmembers
Huber, Koch, Krebsbach and Smith.
AGENDA ADOPTION Councilmember Smith moved adoption o`the
revised agenda for the meeting.
Councilmember Koch seconded the moti n.
Ayes: 5
Nays: 0
CONSENT CALENDAR Councilmember Krebsbach moved approv�l of the
consent calendar for the meeting alo�g with
authorization for execution of any n cessary
documents•contained therein.
a. Acknowledgment of the Code Enfor�ement
� monthly report for July.
b. Acknowledgment of the minutes of the July
27 Planning Commission meeting.
c. Authorization for the preparatio of plans
and specifications for a resurfa�ing
project on Marie Avenue, from Wa�htler
" Avenue to Victoria Road.
d. Approval of the list of contract�r
licenses dated August 3, 1993 an� attached
hereto.
e. Approval of the list of claims d�ted
August 3, 1993 and`totalling $257,794.85.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
PROCLAMATION Mayor Mertensotto introduced Lisa Ge sug and
Laurie Smith, co-presidents of the S. Paul
Section of the National Council of J wish
Women (NCJW), and Vicki Katz, Vice P esident
Page No. 3712
August 3, 1993
for Public Relations of the NCJW. He stated
that Ms. Katz had asked the city to adopt a
proclamation acknowledging September 9, 1993
as the NCJW's Day of the Working Parent, and
read the proposed proclamation for the
audience.
Councilmember Huber moved to adopt a
"PROCLAMATION ACKNOWLEDGING THE NATIONAL
COUNCIL OF JEWISH WOMEN�S DAY OF THE WORKING
PARENT."
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
1992 AUDIT Mr. Steve Laible, from Peat Marwic}c Main, was
present to review and answer questions on the
1992 Audit of city funds. Mayor Mertensotto
pointed out highlights in the city staff's
transmittal letter to Peat Marwick. Mr.
Laible briefly reviewed General Fund and
revenues and expenditures and several exhibits
contained in the report, and answered Council
questions.
DAKOTA ALLIANCE FOR
PRESERVATION
Ayes: 5
Nays: 0
Responding to a question from Councilmember
Krebsbach on whether any trends in revenues
and expenditures were noted, Administrator
Lawell stated that staff will prepare an
analysis, including a forecast on permit
revenues, for the budget workshop.
Council acknowledged a memo from Administra-
tor Lawell regarding appointment to the Dakota
Alliance for Prevention.
Councilmember Huber moved to recommend to the
Dakota County Board of Commissioners that Mr.
William Payne be appointed to the Dakota
Alliance for Prevention as the city's
representative for a term which will expire in
July, 1994, and that Councilmember Koch serve
as the city's alternate representative.
Councilmember Koch seconded the motion.
AIRPORT RELATIONS Council acknowledged a memo from Administra-
COMMISSION tor Lawell regarding appointments to the .
Airport Relations Commission.
Councilmember Krebsbach moved to appoint the
following individuals to serve on the Airport
Relations Commission, effective immediately:
�
�
Page No. 3713
August 3, 1993
David Olson, Joseph Leuman and Scott
three-year terms expiring on January
Gregg Fitzer and Ellsworth Stein to t
terms expiring on January 30, 1996; a
William Healy and Dr. James Olin to 0
terms expiring on January 30, 1995.
Councilmember Smith seconded the moti
Ayes: 5
Nays: 0
CASE NO. 93-12, Council acknowledged a memo and prop
BAARS resolution relative to discussion co
from July 20th on an application fro.
Clifford Baars for a conditional use
construct a detached garage at 194�
Mr. Baars asked that the first condi
the proposed resolution be amended t
him to remove the existing storage s
to final inspection on the garage ra
prior to issuance of a building perm
new garage.
Mayor Mertensotto responded that Mr.
would have to guarantee removal of t
and stated that the city's building
would be directed to '�red tag" the n
until the existing shed is removed.
Mertensotto also stated that he does
there to be any misunderstanding on
doors.
eaty to
0, 1997;
o-year
d
e-year
n.
sed
tinued
Mr.
�ermit to
zob Road.
ion in
`allow
ad prior
ier than
� for the
3aars
a shed
ispectors
� garage
�ayor
iot want
ie garage
Mr. Baars responded that the doors wi�ll be
nine feet wide and eight feet tall. �
Councilmember Smith stated that she
to clarify the fifth condition - tha
Baars will be planting trees along t
garage wall and will not use the par
that currently exists. She also sug
that the sixth condition be changed
"residential vehicles" to "non-comme
vehicles.
ould like
Mr.
e south
ing pad
ested
ial"
Mr. Baars responded that he will be tising the
existing parking pad but will not ad� a new
pad - there will not be an open spac for
parking.
Councilmember Krebsbach stated that �4othing in
the resolution speaks to the placeme�t of the
garage. Mr. Baars responded that he would
like to center the structure in the iddle of
Page No. 3714
- August 3, 1993
the existing parking area (existing driveway)
for aesthetic purposes.
Mayor Mertensotto suggested that two
conditions be added: that the structure may
not be any closer than 50 feet to the south
boundary line of the applicant's property, and
that the structure shall not exceed 14 feet in
height.
Councilmember Krebsbach moved adoption of
Resolution No. 93-42, "A RESOLUTION APPROVING
A CONDITIONAL USE PERMIT FOR ACCESSORY
STRUCTURE AT 1947 KNOB ROAD," amended to
include the two additional conditions and to
change "residential" to "non-commercial" in-
the sixth condition. "
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
CONVENTION AND Council acknowledged a memo from the City
VISITORS' BUREAU Administrator regarding consideration of a
convention and visitor's bureau (CVB)
proposal, along with the following items
submitted by Mr. Dave Johnson, from the
Courtyard by Marriott, and Mr. Dan Aberg, from
the Northern Dakota County Chambers of
Commerce: CVB draft marketing plan dated April
15, 1993; draft CVB budget dated April 12,
1993; draft ordinance establishing a local
lodging tax; and draft agreement between the
city and the CVB. Mr. Johnson and Mr. Aberg
� were present for the discussion.
Mr. Johnson explained that the proposal has
changed from when it was first considered by
Council in that there would be two separate
convention and visitor bureaus for Mendota
Heights and Eagan. He stated that Mendota
Heights is surrounded by larger communities
which have CVBs and that it is necessary for
him to participate in a bureau so that he can
be on an equal footing with the rest of the
hotel community in the area and so that he
does not need to use his operating budget to
promote the motel.
Mayor Mertensotto briefly reviewed the request
for Council adoption of an ordinance
establishing a local lodging tax. He
explained that state statute permits cities to
impose a 3% lodging tax to support marketing
of the community, and that if adopted the tax
Page No. 3715
August 3, 1993
would apply to the Marriott and to
Heights Motel. He then asked for
and comments from the audience.
Ms. Toni Bedi, owner of the Mendota
Motel, stated that she is strongly o
the proposal. She informed Council
has not been informed on what has tr
and had just found out that the matt
be discussed this evening. She felt
lodging tax would be very detrimenta
business.
Mendota
tions
ghts
�sed to
t she
pired
was to
to her
Councilmember Krebsbach stated that he
believes that at the last discussion on the
matter Mr. Johnson had stated that �i . Bedi�
supported the proposal. �
Mr. Johnson responded that he had st
Ms. Bedi had attended one meeting wi
Mr. Aberg and that she was trying to
the owners of motels similar to hers
explained that at the meeting the fi
burden on the Mendota Heights Motel
the Mendota Bridge closing was discu
length and that Ms. Bedi was concern
she would not be the only small mote
who would have the taxed. He inform
that the Eagan hotels will be taxed
he does not know if Ms. Bedi underst
full impact of the proposal. He fel
CVB has the potential to aid her bus
because there are many families look
accommodations that are less expensi�
the Marriott and Ms. Bedi has the ab
draw the same leads from a CVB as th
hotels.
Mayor Mertensotto asked how the bri
has affected the Mendota Heights Mo
Ms. Bedi responded that there has be
60% reduction in business. She stat
the meeting referred to by Mr. Johns
very informal meeting and she was di
because she felt she was an outsider
the other attenders were from bigger
businesses. She further stated that
that meeting she heard that the city
given a packet of information on the
but she had not received the informa
was not aware of the last discussion
the Council.
ted that
h him and
contact
He
ancial
aused by
sed at
d that
operator
d Council
nd that
nds the
that a
ness
ng for
e than
lity to
other
closing
n a 50 to
d that
n was a
appointed
- all of
after
had been
benefits
:ion and
before
Page No. 3716
- August 3, 1993
Councilmember Krebsbach stated that Council
did not necessarily endorse the concept at the
last discussion and asked why a draft
agreement was prepared.
Councilmember Huber asked why Ms. Bedi would
not have been made aware of the item when it
was on the agenda the last time.
Administrator Lawell responded that the matter
was before Council in June and that if this
were a city-initiated project, the city would
have notified her. He explained when Mr.
Johnson and Aberg originally approached him on
the matter he believed that they had met with
Ms. Bedi and that the request was coming from
the hotels and motels in Mendota Heights and
Eagan, including the Mendota Heights Motel.
With respect to the draft ordinance, he stated
that the documents were prepared and initiated
entirely by Mr. Aberg and Mr. Johnson.
Councilmember Smith expressed concern that Ms.
Bedi had not been notified of the meeting,
pointing out that at the June discussion
Council had asked what her reaction was to the
proposal. She�stated that representations had
been made at that time that Ms. Bedi had been
contacted and had no objections. She
explained that Council is concerned about how
the proposed tax would affect Ms. Bedi.
Ms. Bedi responded that the manager of the
Airliner Motel in Eagan had indicated that he
would be present this evening to support her
but is not present. She informed Council that
she has never supported the tax and is only
one of two businesses in the city which would
be affected by it. She also stated that the
Terrace Motel in Eagan is also opposed to the
proposal.
Mr. Aberg responded that he met with Ms. Bedi
in April and the owners of the two Eagan
motels were also invited but did not attend.
At that time Ms. Bedi was given information,
and no further meetings as a hotel group have
been held since that time. He explained that
he did not notify Ms. Bedi about the June
Council meeting because it was only intended
to inform Council on what was being planned -
he prepared this evening's documents for
Council review and did not expect action this
evening. The proposed ordinance is a
d
Page No. 3717
- August 3, 1993
duplicate of what was adopted by Eag
further stated that he thought the c
notify Ms. Bedi about this evening's
Mr. Aberg stated that he has not hea
objection from the Terrace Motel and
manager never appeared at any of the
meetings.
Ms. Bedi informed Council of the dif
the motel is having because of the b
closing and that it will be financia
difficult as it is to operate the mo
the bridge and highway reconstructio.
completed. She stated that if the t
imposed she will have to reduce he�
3%, which would damage her business,.
Courncilmember Huber stated that Ms.
financial position is unfortunate bu
believes the CVB would benefit her b
providing advertising. He pointed o
the tax would be used to promote the
hospitality industry in the city. H
suggested that Council indefinitely
matter.
Mayor Mertensotto asked what can be
help Ms. Bedi with access problems
motel.
Administrator Lawell responded that :
installed several signs directing pe
the kennel, greenhouse and motel but
are far away from the sites. He sta
staff will contact Mn/DOT and ask th
up additional signs closer to bu
Mayor Mertensotto stated tYwi�t if` n/
refuses to install signs i�rd�ca�.ed t
in unobstructed access available to
businesses, the city should install
n. He
ty would
meeting.
d any
that its
Eagan
iculties
idge
ly
el until
is
x is
ates by
edi's
that he
t that
able the
one to
the
n/DOT has
ple to
the signs
ed that
m to put
inesses.
there .
igns.
Mr. Aberg stated that it was never h�s
intention to put someone out of busi ess by
making the tax proposal and that he as not
aware of the severity of the motel's problems.
Councilmember Krebsbach stated that he had
� made a decision on the request befor the
meeting, without considering the imp ct on the
� Mendota Heights Motel. She further tated
that she opposes the proposal becaus it does
not fit her vision of the city, poin,ing out
Page No. 3718
August 3, 1993
that Council has worked hard to maintain the
city as a low key residential community.
Mr. Johnson responded that he tries to spend
much time participating in activities in
Mendota Heights and Eagan and that he feels
the city is "missing the boat" by not
approving the request. Mr. Johnson stated
that the purpose of a CVB is to create
awareness of where the city's hotels are
located. He further stated that a CVB would
not bring throngs of people into the
residential areas of the community because the
hotels are located far away from the
residential area. He felt that his hotel will
be damaged if a CVB is not approved because�
all of the other hotels in the area have CVB's
and he has a limited marketing budget�which
would not allow him to compete.
Mayor Mertensotto pointed out that Mr. Johnson
is talking about using the city's taxing
authority yet the Chamber of Commerce is
available for economic development.
Councilmember Huber stated that he is
concerned about what happened with the Mendota
Heights Motel but that he is also concerned
that Council has had a recent proposal from a
quality corporate citizen asking for tax
increment financing to enable them to develop
their business and Council agreed. He stated
that the Marriott is a quality corporate
citizen in the business park asking Council to
use its taxing authority, and that it bothers
him to say no. He felt the proposal needs
further consideration. He pointed out that
when the Marriott Corporation asked for
approval of its facility, Council asked them
to build a quality facility, to reduce the
emphasis on liquor sales and to run a quality
business - all of which has been done. He
stated that in order for the Marriott to be
successful, it must charge a fairly high rate
for its rooms and if the tax were imposed, the
Marriott would have to increase its rates to
those who use the facility. He stated that he
would like to see the discussion continue and
to work with the owners of the Mendota Heights
Motel.
Mayor Mertensotto stated that 95% of the tax
revenue would go to the CVB whose purpose
would be to promote the Marriott. He stated
Page No. 3719
August 3, 1993
that the recent tax increment reques� from a
corporate developers was to try to k ep a
business in the business park and th re is no
comparison between the requests.
Councilmember Huber responded that
is that Council tried to work with
so that they could make a competiti
with others who were competing for
space. The Marriott is already in
Heights, and that while he does not
agree with the proposal he would li
continue discussions because there
common ground that could be worked
Mr. Johnson asked if he could reque
task force be put together which wo
him and Ms. Bedi, Council members a
staff inembers. He stated that he w
to walk away from the meeting think
totally lost and would like to expl
matter further to see if there is a
compromise.
h s concern
N�rthland
v proposal
b�siness
Mayor Mertensotto stated that he has
much time with Mr. Johnson by phone
meetings and understands that Mr. Jo
met with each of the Council members
individual. He further stated withd
proposal at this time would not prec
Johnson from bringing the matter bef
Council again.
Mr. Johnson responded that it is ver
difficult to form a compromise agree
meeting Council members individually
Councilmember Krebsbach pointed out
the tax is regulated by state statut
must vote either yes or no - there i
ability to compromise. She stated t
no compromise is possible, she would
vote no but that she would like Cou
work with Mr. Johnson on economic de
She further stated that the Marriott
and important business in the city.
Councilmember Smith stated that she
minded on the issue because she feel
Marriott is an important part of the
and she does not want the Marriott t
competitive disadvantage. She state
has reservations, including the imag
has of itself and how the CVB would
ompletely
to
y be some
t.
that a
d include
`city
ld hate
g he
e the
av to
spent
nd in
nson has
awing the
ude Mr.
by
hat since
Council
no
at since
have to
cil to
elopment.
is a good
s open-
the
community
be at a
that she
the city
it into
that image. Sh
Council must lo
for residences•
community. She
a tourist or a
stated that she
says that the t
for the purpose
tourist center.
Page No. 3720
August 3, 1993
e suggested that perhaps
ok at the city in two ways, one
and the other the business
felt that the city is neither
convention destination and
is bothered that the statute
ax must be used t fund a CVB
of marketing the city as a
Mr. Johnson stated that small cities which do
not have tourist bureaus still impose the tax.
Mayor Mertensotto stated that Council will
meet at a goal setting session later in the
month and the need for a CVB and economic �
development will be raised for discussion at
that workshop. �
IVY FALLS CREEK UPDATE Council acknowledged a report from Assistant
Engineer Eckles on the status of the Ivy Falls
Creek project.
Mayor Mertensotto briefly reviewed the history
of the project, including the retention of
outside engineering expertise, and informed
the audience that a funding mechanism has been
established for the $1 million project. He
explained that Council had determined that all
easements should be acquired before a
construction contract is awarded to be sure
that the project would not exceed its
estimated cost. He stated that the staff
report informed Council that there are
easements which have not yet been acquired,
from Eric Miller and the Ivy Falls Homeowners'
Association. Mayor Mertensotto informed
Council that he has spoken to Ms. Joan O'Brien
recently regarding the Association easement
and she asked that Council defer a decision on
condemnation until an Association meeting can
be held. He stated that the Miller easements
are critical to the project.
Engineer Eckles informed Council that a minor
easement needed from Richard Smookler has not
yet been acquired.
Mayor Mertensotto recommended that staff
continue to negotiate with the Homeowners'
Association and Mr. Smookler. Because Council
wants to acquire all easements before the
project is begun, he recommended that the city
e
�
Page No. 3721
August 3, 1993
commence condemnation proceedings to
the Miller easements.
Attorney Hart stated that he support:
condemnation proceedings for the Mil:
easement. He informed Council that �
been negotiating with Mr. Miller and
counsel, and while it is possible th<
negotiated settlement may be reached
time to move towards condemnation.
acquire
er
e has
his legal
t a
it is
Mayor Mertensotto asked that status ¢f the
easements already negotiated. �
Engineer Eckles responded that the�c
not yet paid for any of the easement
stated that staff had anticipated th
would not be made until the easement
filed but that it is beginning to be
to continue to hold onto the easemen
documents. He explained that Dr. De
his property for sale and he would n
have to negotiate for the easement w
owners. Council concurred in his
recommendation that payment be made
Denis easement.
ty has
. He -
t payment
`are
a problem
is has
t want to
th new
or the
Mayor Mertensotto asked what is prop�sed with
respect to replacing existing trees. He also
asked if large trees will be planted
Engineer Eckles responded that lands�aping is
proposed in the project, but not "on for one"
tree replacement. He explained that a large
number of dead and fallen trees will be taken
out and many are on the verge of fal ing.
Public.Works Director Danielson stat d that
staff had not planned on planting la ge trees
and has been working closely with th Park
Commission on reverberating the Ivy alls
Park, which•is where most of the tre s will
go.
Mayor Mertensotto suggested that sta f confer
with a landscape architect with resp ct to
revegetation of the creek area.
Mr. Danielson responded that the roa�way will
be revegetated and that staff has ta�ked with
a number of seed suppliers to determ ne the
best seed for the shady areas and st ep
slopes. He further stated that staf has also
talked with Barr Engineering with re,pect to
mimicking a site
informed Council
individual home
properties.
Page No. 3722
August 3, 1993
which Barr worked on. He
that staff has spoken to
owners about trees on their
�
Engineer Eckles stated that it is important to
have some type of ground cover to hold the
soil down, and in some cases plantinq large
nursery stock trees would be counter-
productive.
Councilmember Smith stated that she agrees
that the creek must be stabilized, but on the
other hand, people are concerned with what the
area will look like after construction. She
felt that if a large number of sizeable trees
will be taken from an area, the city should do
its best to replace as many as possib�e with
something that will grow in a reasonable time.
Engineer Eckles responded that this is a very
big issue - this is a natural area that is
reseeding itself naturally. He stated that
the city could plant nursery.stock trees that
would possibly not grow any faster than those
naturally reseeded.
Mayor Mertensotto stated that the city should
do what it can so that the area is not bare
any longer than it has to be.
Administrator Lawell informed Council that
there was a community meeting on the project
last week and everyone who would be impacted
by the project was invited to attend.
Engineer Eckles stated that approximately two-
thirds of the affected property owners
attended the meeting and that the response was
positive. He explained that at the meeting
staff addressed a number of concerns which
were raised. He stated that one question
which could not be answered was about the
association property. He informed Council
that the association plans to meet on August
12th and that he has been invited to give a
presentation on the project at that meeting.
There being no further discussion,
Councilmember Krebsbach moved adoption of
Resolution No. 93-43, "A RESOLUTION DIRECTING
THE ACQUISITION BY CONDEMNATION OF CERTAIN
PERMANENT DRAINAGE AND TEMPORARY CONSTRUCTION
�
Page No. 3723
� August 3, 1993
EASEMENTS IN THE CITY OF MENDOTA HEI
DAKOTA COUNTY, MINNESOTA."
Councilmember Smith seconded the mot
Ayes: 5
Nays: 0
NDC-4 Council acknowledged receipt of NDC-
budget and revised 1993 budget, its
annual report and a draft "Amended J
Cooperative Agreement."
Mayor Mertensotto stated that NDC-4
on August 4th to discuss the draft a
He informed Council that he has give
comments on the agreement to Council
Huber, the city's NDC-4 representat�
Councilmember Huber stated that he h
received comments from Councilmember
He explained that he will present th
for discussion at the NDC-4 meeting
that he is hopeful that a final draf
agreement will be ready in the near
City Attorney Hart stated that he ha
preliminarily reviewed the draft agr
will review�the comments provided by
Mertensotto and Councilmember Smith.
COUNCIL COMMENTS Councilmember Krebsbach commended st
success of the park celebration and
• Councilmember Huber for his leadersh
Park Commission in developing the pa
ADJOURN
s 1994
92
nt and
11 meet
�eement.
his
mber
also .
mith.
comments
d stated
of the
ture.
and
on the
on the
system.
Mayor Mertensotto suggested that vin s similar
to those at I-35E and Wagon Wheel be lanted
along the fence at Kensington Park t screen
the freeway from the site. �
Councilmember Huber updated Council
status of NDC-4's search for an exe
director to replace Holly Yerrigan.
There being no further business to cc
the Council, Councilmember Huber movE
the
ve
before
that
_ Page No. 3724
- August 3, 1993
Ayes: 5
Nays: 0
ATTEST:
Charles E. Mertensotto
Mayor
the meeting be adjourned.
Councilmember Koch seconded the motion.
TIME OF ADJOURNMENT: 9:47 o'Clock P.M.
Kathleen M. Swanson
City Clerk
�
f �. w T
1- r
Page No. 3724
August 17, 1993
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, August 17, 1993
Pursuant to due call and notice thereof, the regular meeting
City Council, City of Mendota Heights, was held at 7:30 o'cic
at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesot�
of the
ck P.M.
�
Mayor Mertensotto called the meeting to order at 7:30 o'cloc P.M.
The following members were present: Mayor Mertensotto, Counc lmembers
Huber, Koch, Krebsbach and Smith.
AGENDA ADOPTION Councilmember Krebsbach moved adopti�ri of the
agenda for the meeting.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Councilmember Huber seconded the mot on.
Councilmember Smith moved approval o� the
consent calendar for the meeting, re ised to
move item 4i, Civic Center ballfield
dedication, to the regular agenda, a ong with
authorization for execution of any n�cessary
documents contained therein.
a. Acknowledgment of the Treasurer'$ monthly
report for July. �
b. Acknowledgment of the minutes of the
August 10th Parks and Recreation
Commission meeting and direction to staff
to inform the Commission that Co ncil's
discussion with respect to the p anting of
vines and lilac bushes along the fences at
Kensington Park was directed tow rds the
screening of the freeway from th park and
not to provide a noise barrier.
c. Authorization for the retention f
Jardine, Logan and O'Brien as th city's
defense counsel. in the Rottlund/ utnam
appeal.
C�
e.
Acknowledgment of the Fire
monthly report for July.
Authorization to advertise for b�ds for
the Mayfield Heights storm water project.
� r
Page No. 3725
� - August 17, 1993
f. Authorization to advertise for bids for
the Marie Avenue overlay project.
g. Acknowledgment of a reminder of upcoming
Council workshops.
h. Acknowledgment of the minutes of the July
7 NDC-4 meeting.
i. Approval of the list of contractor
licenses dated August 17, 1993 and
attached hereto.
j. Approval of the list of claims dated
August 17, 1993 and totalling $124,584.48.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
BALLFIELD DEDICATION Council acknowledged a memo from
Administrative Assistant Batchelder regarding
the dedication of the Civic Center ballfield
in honor of Richard "Jake" Grauman and Korean
War veterans, along with a letter from Mr. &
Mrs. Daniel O'Keefe, copy of the guidelines
for dedication of park fields and facilities,
and a copy of the March 9th Parks and
Recreation Commission minutes relating to
field dedication.
Mayor Mertensotto stated that his only concern
is that the Civic Center field is not a part
of the parks system but rather is a part of
the civic center site and was built to serve
as a field until such time as the land is
needed for building expansion, etc. He
suggested that a different field be selected
for dedication.
Councilmember Krebsbach suggested one of the
adult softball fields at Mendakota Park.
Councilmember Smith responded that if Council
only dedicates one of the Mendakota fields
that opens the question of whether the other
fields will be dedicated in the future. She
recommended that the Mendakota Park be the
site of the dedication and leave it open as to
whether or not one or all of the fields should
be dedicated to Mr. Grauman and the Korean War
veterans.
�
�
Page No. 3726
- August 17, 1993
Councilmember Krebsbach felt that o
should be named as Grauman field to
confusion and also there may be a d
dedicate the other fields in the fu
Vietnam veterans or others.
field
void
ire to
re for
Mayor Mertensotto stated that at lea$t field
one should be dedicated. �
Assistant Batchelder recommended tha� the
field in the northwest corner be ded�cated
since it is the most visible to thos� entering
and leaving the complex and is the c}osest
field to the concession stand. M1 I
Councilmember Huber stated that ref,e
the field as Grauman field when talk
people outside the city would be con
that in scheduling, staff should ref
as field one as clarification for th
to the fields. +�,(�j
`��.�X �
Councilmember Smith ��t�,t all fo
�s o d be dedicated.
ing to
g to
sing and
to it
e coming
fields
Councilmember Huber responded that t ere might
be other appropriate dedications tha might
occur and Council would not want to e put
into the situation where it would ha e to take
the name off of one field to put som one
else's name on.
Mayor Mertensotto stated that the pr
that there is a limited number of ad
and he felt that if the complex were
Council would lose the�option for na
other three fields in the future. H
suggested that the northwest field b
dedicated since it is the most promi
field.
blem is
lt f ields
dedicated
ing the
t
Mr. O'Keefe suggested that perhaps n ming the
four-field complex as Grauman Fields 1, 2, 3
and 4 would solve the confusion and cheduling
problems but stated that otherwise d�dicating
one field would be fine.
Mayor Mertensotto responded that Cou
leave the option for the dedication
four fields as Grauman Fields open.
that Council could dedicate the nort
field this evening and if the Parks
feels all four fields should be dedi
can be done in the future.
cil will
f all
He stated
mmission
ted this
Assistant
the matter
meeting.
Page No. 3727
August 17, 1993
Batchelder stated that he will raise
at the September Parks Commission
Mayor Mertensotto read the proposed plaque
inscription as follows: "GRAUMAN MEMORIAL
FIELD; DEDICATED IN HONOR OF ALL KOREAN WAR
VETERANS AND SGT. RICHARD E. (JAKE) GRAUMAN CO
F 7TH INF REGT 3RD INF DIV MISSING-IN-ACTION
HUKSU-RI NO KOREA 3 DEC 1950 A REMEMBERED
CITIZEN SOLDIER FROM THE FORGOTTEN WAR KOREA
1950-53; DONATED BY DANIEL O'KEEFE FAMILY AND
FRIENDS OF JAKE." He suggested that the date
of dedication by the City Council included on
the plaque.
Councilmember Smith moved that the northwest
field at Mendakota Park be dedicated as
Grauman Memorial Field with the dedication
plaque to read as proposed, including the
dedication by Council.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
AIRPORT RELATIONS Mayor Mertensotto described the problems
COMMISSION which will face the Airport Relations
Commission and its charge. He then introduced
Commission members Bill Healy, Ellsworth
Stein, Dr. James Olin and Joseph Leuman to the
audience. He stated that the first commission
meeting will is scheduled for September 8th at
• 8:00 p.m. and that Council asks that the
commission meet on a monthly basis and that
members who cannot attend a meeting call in
advance. He expressed appreciation to the
commission members to volunteer their service
on the commission. �
PARKS CELEBRATION
Administrative Assistant Batchelder reviewed
his report on the celebration and recognition
of volunteers and sponsors.
Mayor Mertensotto stated that over forty
sponsors contributed in excess of $1,400 to
the event and that there were 18 volunteers
addition to the Parks and Recreation
Commission members, the steering committee
and city staff. He further stated that it
takes a great deal of work to put together
all-day program and the attendance was in
excess of 1,000 people.
in
an
Page No. 3728
August 17, 1993
On behalf of the City Council Mayor
Mertensotto presented a plaque to
representatives of the Volunteer Fir�
Association and the Ladies Auxiliary
significant efforts in preparing for
event, running the concession stands
volunteering their labor throughout i
and clean up after the event.
PUD AMENDMENT Council acknowledged a proposed draf
amendment to the Planned Unit Develo
section of the Zoning Ordinance, alo
proposed summary publication of the
and copy of the minutes of the assoc
Joint Council/Planning Commission wo
held on June 3rd. �
Mayor Mertensotto informed the audie
the Planning Commission has conducte
hearing on the proposed amendment an
has been reviewed by city staff and
Attorney. He stated that the docume
includes to changes he had recommend
including a revision on page 114, ad
language "unless expressly waived by
Council." He explained that requiri
provision of a landscaped buffer aro
perimeter of the entire project area
be practical for an industrial or co
project on a large parcel and the pr
language would allow Council to waiv
requirement if it were deemed approp
: Relief
for their
the
and
:he day
of an
with a
ated
e that
a public
that it
e City
t
ing the
the
g the
nd the
would not
mercial
posed
the
iate.
Administrator Lawell stated that the�amendment
is very lengthy and difficult to rev�ew and
expressed confidence that all of the�changes
which have been recommended by Council and the
Planning Commission have been incorp�rated
into the draft.
Councilmember Krebsbach stated that 1�efore
adoption she would like to see a cop� of the
proposed amendment without the edits in order
to see what the final document will �ook like.
Councilmember Smith agreed.
Administrator Lawell responded that emoving
the revision marks and deleted langu ge is the
next step in the process and will be available
as the official copy.
Mayor Mertensotto asked if any appli ations
for PUD's which would be affected by the
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
BIEL/KENNEDY
ASSESSMENT ROLL
Page No. 3729
� August 17, 1993
amendment are pending and if the document can
be put into final form for adoption at the
next Council meeting.
Administrator Lawell responded that there is
the potential that an application would come
in before the next meeting, and if this were
to occur it would have to be processed under
the existing ordinance.
Mayor Mertensotto stated that applicants could
be informed that Council has reviewed the
proposed amendment which would have been
adopted this evening but for the Council's
desire to have a clean copy before-adoption.
Councilmember Krebsbach moved to table the
proposed ordinance amendment to September 7th
for the sole purpose of having the ordinance
in its final form including the incorporation
of all existing amendments.
Councilmember Smith seconded the motion.
Councilmember Smith stated that she would also
like Council to address Section 13 of the
Zoning Ordinance and recommended that similar
changes be made to Section 13 to avoid
inconsistencies between the two sections and
that Section 13 be restricted to the Southeast
area of the city.
Administrator Lawell responded that the
Planning Commission will be directed to review
Section 13.
There was discussion over confusion about
language in the Zoning Ordinance relating to
garages, and whether a garage is an accessory
structure.
Councilmember Smith moved to direct the
Planning Commission to review the problem of
what an accessory structure is as it relates
to garages and also the potential amendments
to Section 13 of the Zoning Ordinance to bring
it into conformance with the PUD section.
Councilmember Krebsbach seconded the motion.
Council acknowledged a memo from Assistant
Engineer Eckles and proposed resolution to
adopt the assessment roll for water
4
Ayes: 5
Nays: 0
�
Page No. 3730
August 17, 1993
improvements to serve the Kennedy
properties on Delaware Avenue.
Mayor Mertensotto pointed out that t
report states that the third lot, wh
be able to be served by the watermai
extension, is proposed not to be ass
rather�to be charged a hookup charge
will be allowed to connect to the wa
He asked why the owner of the proper
Kane, did not join in the project.
Public Works Director Danielson stat
the last minute Mr. Kane backed out.
Mayor Mertensotto stated that he wou
objection to adopting and deferring
of the assessment for the Kane prope
certifying the deferment resolution
He pointed out that if this action i
anyone who purchases the property in
future would know that they cannot c
the watermain without paying the ass
Biel
e staff
ch would
ssed but
before it
ermain.
y, Mr.
that at
d have no
he making
�y and
ounty.
taken,
the
nnect to
ssment.
Public Works Director Danielson resp nded that
Council would have to conduct a publ'c hearing
on the Kane assessment.
Councilmember Smith moved adoption o
Resolution No. 93-44, "RESOLUTION AD PTING AND
CONFIRMING ASSESSMENTS FOR WATER IMP OVEMENTS
TO SERVE THE BIEL AND KENNEDY PROPER IES
(IMPROVEMENT NO. 93, PROJECT N0. 2).'
Councilmember Huber seconded the mot'on.
Councilmember Krebsbach pointed out that only
2/3rds of the cost will be recapture because
the Kane property is not included in the
assessment roll.
Public Works Director Danielson resp nded that
since the east side of Delaware is i Sunfish
Lake and the properties cannot be as essed,
the Water Revenue Fund will finance he amount
which would otherwise would have bee
assessed.
Councilmember Smith moved to direct
call for a public hearing and to not
� Kane of the amount which can be asse
against his property and to further
that he can request a deferment of t
assessment, which would then be coll
taff to
fy Mr.
sed
nform him
le
Page No. 3731
- August 17, 1993
with accrued interest at such time as he
wishes to connect to the water system or when
the property is sold.
Councilmember Koch seconded the motion.
PARK BRIDGES Council acknowledged a memo from Assistant
Batchelder and Parks Project Manager Guy
Kullander regarding the replacement of
pedestrian bridges at Valley and Wentworth
Parks.
Mayor Mertensotto pointed that the Park
Commission's recommended source of funding is
the Special Park Fund, and noted that
Councilmember Krebsbach has asked �hether the
bridges should be replaced in 1993 or 1994.�
Assistant Batchelder stated that the Valley
Park bridge, budgeted for replacement in 1993,
is in a severe state of disrepair and that
staff feels it should be replaced immediately.
The bridges in Wentworth Park are also in
disrepair but are not as bad as the Valley
bridge.
Respondinq to a�Council question,
Administrator Lawell stated that quotes will
be taken for the bridges and that installation
will either by hired by day labor or done by
city staff.
Councilmember Smith stated that she has no
objection to the recommended improvements and
that her only question is where funding will
come from. She stated that she understands
there are three possible funding sources, the
Special Park Fund, referendum funds or the
General Fund. She further stated that she
recollects that the Special Park Fund has not
been defined for use and that she would like
further Council discussion on its use.
Councilmember Krebsbach stated that she is
also concerned over the source of revenue and
further that Council would have to approve a
transfer from the Special Park Fund to the
General Fund to pay for the bridge work.
Councilmember Huber asked what type of bridge
is proposed for Valley. Public Works Director
Danielson responded that it would be similar
to the bridge at Somerset Elementary School,
the one in Bridgeview Shores, and the one in
the middle of the Valley Park trail.
Page No. 3732
August 17, 1993
Councilmember Huber responded that h�
the bridges should be flat, perhaps �
arched railings. He stated that the
bridge in Valley is very difficult f�
Assistant Batchelder stated that the�
flat and did not know if the railing;
arched.
Councilmember Huber stated that he
concerned about using the Special
for funding replacements, and that
most of the fund is dedicated for
purposes.
Assistant Batchelder stated that the
referendum funds are earmarked. �
Councilmember Smith stated that Coun
not established funding for capital
replacements in the parks and sugges
Council address the issue.
Assistant Batchelder informed Counci
Special Park Fund has two sources of
each year, park dedications and inte
the estimated revenue for 1993 is $2
$30,000. He informed Council that a
expenditure of $11,000 for one bridg
year would not bring the fund level
where it was at the beginning of 199
Mayor Mertensotto stated that the Va
bridge is included in the 1993 Speci
budget and that the bridge can be fi
the fund. He further stated that be
end of the year Council could transf
charge from the Special Park Fund to
fund if it is deemed appropriate.
There was brief discussion over the
the bridge.
feels
�ith
curved
�r biking.
will be
can be
Fund
believes
il has
ed that
that the
revenue
est, and
,000 to
this
elow
ley Park
1 park
anced by
ore the
r the
another
ign of
Assistant Batchelder stated that the
engineering plans for the bridge hav been
designed and it will take about six eeks
before the bridge replacement can be
completed.
Mayor Mertensotto stated that Counci� has been
advised of a dangerous situation and cannot
take the time to bring the engineeri g plans
before Council for aesthetics but ra her that
the engineering staff should use its judgment.
Ayes: 5
Nays: 0
�
Page No. 3733
- August 17, 1993
Councilmember Smith moved to authorize
replacement of.the Valley Park Bridge with a
36 by 5 foot flat design bridge with flattened
slopes on both ends, at a maximum cost of
$11,000 to be financed by the Special Park
Fund with the reservation that a transfer of
funds may be made before the end of the year
when Council discusses the replacement of the
Wentworth Park bridges.
Councilmember Koch seconded the motion.
Public Works Director Danielson pointed out
that the bridge proposed to be repiaced in
Valley Park is the one closest to the parking
lot.
Acting City Attorney Evan Coobs suggested that
Council direct staff to evaluate the other
bridges to make sure that they are not a
safety hazard.
Councilmember Smith stated that it is
Council's intention to revisit the issue of
the Wentworth Park bridges when it determines
priorities for the funds in the near future.
Staff was directed to review the bridges and
give Council an update on their status.
MISSISSIPPI RIVER Council acknowledged a memo and proposed
resolution from the City Administrator with
• respect to the draft Comprehensive Management
Plan and Environmental Impact Statement for
the Mississippi National River and Recreation
Area (MNRRA).
Councilmember Krebsbach asked if the draft in
any way includes riverboat gambling.
Administrator Lawell responded that there is
no provision in the document that would call
out or permit riverboat gambling.
Councilmember Smith stated that the intent of
the legislation is to create a pedway from
Dayton to Hastings. She informed Council that
there will be a meeting of the Minnesota River
roadway group on August 21st. She stated that
she is concerned that efforts of the two
groups not be duplicated and that she will
attend the meeting. Councilmember Krebsbach
stated that she will also attend.
�
Page No. 3734
- August 17, 1993
Administrator Lawell informed Counc
MNRRA hearing period will close on
10th and the proposed resolution wo
the city's input prior to the heari
suggested that because of the invol
of the plan and the resolution Coun
wish to defer adoption of the resol
the September 7th meeting.
Councilmember Smith stated that she
the points stated in the resolution
stated but there is room for expans
further stated that she would be wi
work on a committee with the Admini
another Council member to develop �
comprehensive response. ,
Councilmember Koch volunteered s
committee.
Further discussion was tabled to
7th.
MASAC Treasurer Shaughnessy gave Council
of the recent MASAC Operations Comm
meeting, particularly as it related
requests for ANOMS information. He
to Council questions and informed C
the availability of a monthly Techn
Advisor's report.
It was the consensus to include the
report in future Council agendas.
BUROWS FARM Mayor Mertensotto updated Council o
Burows farm matter, stating that it
possible that it will be necessary
to the original idea of a non-profi
corporation. He stated that Ronald
working on setting up a funding mec:
that there are many questions which
answered and many items which need �
serious thought. He suggested that
force be set up for brainstorming.
0
1
that the
tember
provide
He
nature
may
on to
elieves
re well
n. She
ing to
rator and
ore
on the
synopsis
.tee
.o
�esponded
.ncil of
:al
�,onthly
the
s
go back
mith is
nism and
ust be
be given
task
Councilmember Krebsbach volunteered to serve
on the committee. Mayor Mertensott stated
that he will also participate as muc� as
possible.
It was the consensus that the Burows farm
issue be placed on the goal setting orks
agenda.
Page No. 3735
' . August 17, 1993
COMMUNITY SURVEY Administrator Lawell updated Council on the
status of the Dodd/110 community survey.
COUNCIL COMMENTS Councilmember Huber updated Council on the
status of the NDC-4 selection process for
replacing Holly Yerrigan.
Councilmember Huber informed Council that the
last Mend-Eagan newsletter discussed the
possibility of the group combining with the
West St. Paul Athletic Association. He
suggested that staff contact Mend-Eagan and
ask to be brought up to date on the
discussions. He pointed out that Mend-Eagan
handles many of the athletic programs in the
city but the city also has a part-time -
recreation coordinator, and Council must
consider how the combination of the operations
of the two groups would impact what the
recreation coordinator does. He felt that the
city should be kept appraised of the
discussions, and needs to know what impact
there would be on city fields, etc.
Council directed the Administrator to contact
the West St. Paul City Manager and the School
District to find out what contacts have been
made, and also to contact Mend-Eagan.
Councilmember Krebsbach stated that she would
like to have a discussion on the comprehensive
plan as it affects T.H. 55 to be placed on the
goal setting workshop agenda.
PART 150 Mayor Mertensotto asked if applications for
Part 150 funding for noise attenuation are
being taken from Furlong residents.
Administrator Lawell responded that he
continues to receive more optimistic
information on funding from MAC to assist in
the sound insulation program, and that the
1994 allocation to the city will be an
additional $840,000. He stated that the money
available should complete the insulation
program in 1995, and that staff will be
sending letters to all eligible home owners
this week to invite them to attend a meeting.
At the meeting residents will be asked to
indicate their interest in the program. He
suggested that people be selected for the
program on a random basis.
.� �
COUNCIL COMMENTS
Page No. 3736
- August 17, 1993
Councilmember Smith stated that the arger
allocation raises the question of wh ther
sound proofing.is the method Council should
use. She further stated that Counci made its
decision on sound proofing based on much
smaller amount of money.
Councilmember Koch informed Council hat she
will not be able to attend the goal etting
workshop.
ADJOURN There being no further business to c me before
the Council, Councilmember Smith mo ed that
the meeting be adjourned.
Councilmember Huber seconded the mot'on.
Ayes: 5 �
Nays: 0 '
TIME OF ADJOURNMENT: 9:44 o'clock P. .
ATTEST:
Charles E. Mertensotto
Mayor
Kathleen M. Swanson
City Clerk
.•
Page No. 3737 �
August 21, 1993
0
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE �F MINN S TA
Minutes o£ the B��l� Workshap
Held Tuesday, August 21, 1993
Pursuant ta due call and notzce thereaf, a work session af
Council, City of Mendota Heights, was held at 8:00 a'clock
City Hall, 1201 Victoria Curve, Mendota Height�, Minnesota.
Mayor Mertsnsotto called the meeting to arder at 8:00 o�cl�
The Eollowing members were present: Mayor Mertensotto, Coua
Huber, Krebsbach and Smith. City Administrator Lawell was
present. Councilmember Koch had notified the Council that�
nat be present.
TARGET ISSUES The purpose of the workshop was to
status af the list of Target Issues
developed at the Council's 1992 gaa
session. As the result of the disc
attached summary of issues to be ad
during 1993f1994 was developed.
he City
,m. at
k a.m.
i].member
lso
he could
iscuss the
which was
setting
ssion, the
ressed
� ADJOURN There being no further business to c me before
the Council, Cauncilmember Krebsbach maved
that the meeting be adjourned.
- Counci2member Huber seconded the mot'on.
Ayes: 4 •
Nays : 0 � �
TTME 4F ADJOURNMENT: 12:30 o'clock P�M.
Kathleen M. Swanson
City Clerk
ATTEST:
Char2es E. Mertensotto
Mayor
r �
CITY OF bIl�I�TDOTA. HEIGHTS
TARGET aSS�� FOlt 1994
Developed- �,uc,�ta�t 21, 1993
l�,dopt�d�-
�IGH PRIORITY
1. Airport Issues
2. Dodd Road/ Highway 110 Redevelopment ~
3. Lexington Avenue/ Highway 110 Redevelopment '
4. Ivy Fall Creek Restoration Project
5. Mayfield Heights Storanwatex Pxoject
6. Park Vision/ Philosophy
7. Tax Increment Financing Policy
b+�DIIIM PRIORITY
8. Highway 55 Landuse Planning
9. Minnesota National River and Recreation Area Policy
10. Provision of Senior Housing Opportunities
11. Implementation of Street Reconstruction Policy
- Friendly Hills Neighborhood
- London/Downing Neighborhood
12. Address Water Supply Issues
13. Metropolitan Transit Commission Funding Issues
14. Compliance with Indoor Air Quality Standards
15. Compliance with Americans with Disabilities Act
A� �
�
Target Issues for'1994
Developed August 21, 1993
Pa�e 2
LOW PRIORITY
16. Water Tower Painting
17. Mendota Heights Par 3 Golf Course
18. Thomas Burow Farmstead Preservation
19. Community Spring Cleanup .
20. Forestry Service Issues
m
ON-GOING ACTIVITILS
Staff will continue to monitor and address the following o-going
issues as time allows.
� * Police/Fire/Public Works Dispatching
* Fire Equipment Acquisition Plan/ Financing
* D.A.R.$. Program
* Superblock Landuse Study
* City Code Recodification
* Recycling Program
* Commission Relations
* Fiscal Planning Issues
�j=, -�F
: �
Page No. 3737
August 31, 1993
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Budget Workshop
Held Tuesday, August 31, 1993
Pursuant to due call and notice thereof, the Budget Workshop
of the City Council, City of Mendota Heights, was held at 7:i
P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Mini
Mayor Mertensotto called the meeting to order at 7:00 o'cloc
The following members wer•e present: Mayor Mertensotto, Counc
Huber, Koch, Krebsbach and Smith. Also present were the Cit
Administrator, Treasurer, City Clerk, Public Works Director,
Chief and Assistant Fire Chief.
DISCUSSION ON Administrator Lawell gave a brief in
PROPOSED BUDGET on the proposed 1994 budget and its
property taxes, stating that if the
funded at its proposed level it will
a net reduction in the city's portio
property tax on all properties which
received a significant valuation inc
the Assessor's office.
meeting
�0 o'clock
�esota.
: P.M.
lmembers
Police
xoduction
impact on
udget is
result in
of the
have not
ease by
There was discussion over the proposed increase in the hospi alization
benefit for city employees and whether there is a need to re� est bids
for the insurance. There was also brief discussion over pos ible
implementation of inerit increases versus annual COLA increas s.
Council discussed the two add-level items proposed, which w
retention of a forester's services for $10,000 and the purc
installation of a generator for the fire station at an esti
maximum cost of $25,000. It was the consensus that the for
level should be eliminated, moving $5,000 to the general fu
contingency and increasing the air noise consultant line it
planning budget to $10,000. It was also the consensus to m
generator to the regular capital outlay portion of the fire
budget. Staff was directed to use the city newsletter and
publications to notify residents of the availability of inf
tree diseases.
e the
se and
ted
ter add-
legal
in the
e the
ion on
Council discussed the use of City Hall by outside groups and agencies
and a reduction in the retention requirement for videotapes �f city
meetings. It was the consensus to direct staff to prepare r vised
policies for Council discussion.
Treasurer Shaughnessy briefly reviewed each of the proposed
departmental and fund budgets, highlighting increases for Co ncil
information.
Page No. 3738
" August 31, 1993
Assistant Chief Neska responded to questions regarding the proposed
fire bay floor treatment and was directed to do thorough investigation
on the types of treatment available with respect to durability and
maintenance costs. Assistant Chief Neska also responded to Council
questions on bids received for refurbishing unit 2287 and the
advisability of upgrading the existing squirt truck knowing that it
will be sold.
Mayor Mertensotto stated that at some time in the future research
should be done on what fire equipment is needed for a city the size of
Mendota Heights. He stated that there are 800 cities in the state and
most do not have the equipment Mendota Heights has. He stated that
Council must look at the city's needs and not just spend money on
equipment because it would be nice to have. He pointed out that other
cities rely on Mendota Heights and Mendota Heights should `also be able
to count on other cities for mutual aid. . �
Assistant Chief Neska responded that he would like Council to�set a
meeting soon to discuss the department's capital needs and replacement
plan, pointing out that the plan calls for purchase of an aerial truck
in 1995 and it will take nearly a year to prepare the plans and
specifications.
Councilmember Huber stated that he has no objection to the
refurbishing but would have to very seriously consider the need for a
65 foot aerial truck and whether it is really necessary given its
substantial projected cost.
Treasurer Shaughnessy informed Council that because of MWCC rate
increases it will be necessary to increase sanitary sewer rates by 20�
in 1994 and again in 1995. Staff was directed to notify residents of
the rate increase through the city newsletter.
As part of the discussion over utility rates, Council discussed that
the city does not have a current contract with St. Paul Water Utility,
and that West St. Paul is currently negotiating a contract. It was
acknwoledged that until Mendota Heights negotiates a new contract, the
city has no control over the rate that St. Paul can bill to Mendota
Heights customers. It was also noted that since water useage is down
because of the wet season, a rate increase by St. Paul to recapture
lost revenues is also likely.
Treasurer Shaughnessy informed Council that in 1994 he will recommend
that the WMO fund be merged with the Storm Water Utility fund. It was
the consensus to merge the funds in 1993.
APPRECIATION Mayor Mertensotto presented Councilmember
Smith, Administrator Lawell and Administrative
Assistant Batchelder with certificates of
appreciation for their efforts on behalf of
"Celebrate Mendota Heights Parks, 1993."
ADJOURN There being no further business to come before
the Council, Councilmember Koch moved that the
� � . _ ........ i. _.
- Page No. 3739
` August 31, 1993
meeting be adjourned. -
Councilmember Huber seconded the mot'
Ayes: 5
Nays: 0
ATTEST:
Charles E. Mertensotto
Mayor
on.
TIME OF ADJOURNMENT: 11:00 o'clock P.�M.
�
Kathleen M. Swanson
City Clerk
i0:
FROM:
SUBJECT:
�
MEMO
pate: 8-24-93
Nayor, City Catmcit, end City Act�►inistratar
Peul R. Se�g, Cak Enforcemmt Officer � R+ 8.
Buildir� Activity Report for August 1993
CURRENT �1NTN
YEA� TO pA�E, 93
YEAR TO DA!TE 92
BUICDI#t6
PERMITS: 1� Veluat;on F�, Colle� � No• ,Valuakion � a l gd � 1�. Valuativn
� �
Sfp 6 1,112,988.a0 9,210.9T ( 62 10,263,586.Op 82,434.15 � 82 13,461,804.00
APT 0 d 0 ( 0 0 0� 0 0
TtxtEifffltTSE a a 0 � 0 0 0( 5 bb9,341.00
CONDo 0 0 0 � 28 2,669,379.00 � 1$,140.12 � 128 9,003,456.00
MISC, 33 20T,8b6.OQ 3,bb4.25 � 21T 1,542,60b.Q0 �� 2T,77S.26 � 2I0 2,444,378.00
Clt 4 2,9?8,850.q{1 12,$13.93 j 45 . 5,095,824.00 38,038.71 � 40 5,681,3T7.OQ
------------------••-----------------------+».----••----•-----•-----•-------.-__+_-•----------___---
Sub iatet �r3 4,244,704.00 25,644.15 j 352 14,b21,400.40 i6b,38b.14 C 465 30,31fl,40b.00
� �
� �
��E � �
�Ts• , I !
i 1
Plumbin� 17 660.00 � 147 5,386.OQ � Z32
uater 21 105.40 �% ji80.00 � 238
setaer 21 36T.50 � 93 1,62T.S0 � 212
H�at, AC, � - (
& Gas 35 3,6't0.00 � 240 't2,523.00 � 325
-----••-----•-----••-----•-----•-----------+..----.•_---.._----•------•----._._.+...----••----••-----
Sub Totat 44 4,742.50 � S36 2Q,016.SQ (�aa�
I 1
I !
c�censtr�s• 1 i
I I
ContractoMs ( �
tictnsrs 1T 425.00 1 304 7,600.00 ( 263
•_.---•-----•_--••--•-•---•----••____...---+-__---••----•------••----••�---_•.--t--••---••-----___---
Tatat 154 4,244,704,00 30,�b1.65 �1l92 i4,b21,400.40 'i94,002.64 �lT35 30,390,4Qb.Q0
NOTE: llti fee amounts excttxit Sac, Yac, end Stake Suraharge. Maurrts shotm witt reflect onty permit,
valuation enaunts.
Fee Collected
117,101.26
Q
6,251.92
54,391.48
24,�47.Q2
31,104.73
233,34b.41
31,202.00
1,i90.00
3,710.Q0
3T,'152.50
73,254.50
6,575.00
3'l3,175.92
check fee, arxl
CI'1'I' OF 1l�NDOTA �iEIG�TS
� . :� �� ' �,
August 31,
TO: Mayor, City Council and City Adminis
FROM: . James E. Danielson, Public BVox�Cs A'
SUBJECT: Foxwood Final Plat (Somerset Place)
Attached is the final plat for Foxwood. The plat name was changed from
to Foxwood at Mr. Norm Hams, the current landowner's request.
The final plat has been drafted to conform to the approved preliminary
conditions of appmval have been met. Also attached is a copy of the scenic ea�
filed with the fmal plat.
� � � �� � • �
The attached Foxwood plat totally complies with the conditions of appmval
Place preliminary plat and I recommend that it be a�roved as submitted.
If Council desire to implement the recommendation they should pass a
Resolution No. 93-_, RESOLUTION APPROVII�TG FINAL PLAT FOR FO:
Place
and all othe�
t that will be
the Somerset
adopting
) PLAT.
City of 1Viendota �Ieights
Dakota County, 1V�innesota
ItFSOL�J'�'ION 1�TOe 93-
RESOLUTION AP�'ItOVING kiNAL I'LAT POR
FO�bVVOOID PI.�T
WHEREAS, an final plat for Foxwood (formerly Somerset Place), has been submit�ed
to the Council; and
VVHTREAS, the City Council has reviewed said final plat.
NOW THEREFORE IT IS HEREBY RESOLVED, by the City Council of the City -
of Mendota Heights, Minnesota, as follows: -
1. That the final plat of Foxwood submitted at this meeting is hereby approved.
2. That the appropriate City officials be and they are hereby authorized to ex�ute
the fmal plat on behalf of the City of Ivlendota FIeights.
Adopted by the City Council of the City of Mendota Heights this 7th day of September, 1993.
• i
• � �:� � • • •i:� ��
�y
Charles �. Mertensotto, Mayor
ATTPST:
Kathleen M. Swanson
City Clerk
.�
AUG 30 '93 14�44 ARCHITECTURAL FORUM
FOX4lOOD
DESCRIPTION OF SC�NIC EASEMEM'
RES'FRIG'1'IONS HERFBY �06ED t�'ON TyE LATp, the acts whiefi �the Grart
oovenants to refrain from doing upon th� land, and the rights in u
t�e 7and granted to tJ�e City of Mandota Heights, Minnesota, by the
Grantor, 7hornas Yue et al., are as follows:
0
1. The ge�al purpose of this S�certic Easernent is to retain t�e
land and water predcminat,e7y in their na.tural, scenic, or
wood9d condition, or as a suitable habitat for fish and wi d
i ife.
2. The land shal l t�ot be used fot� pubi ic uti 1 ity purpoSQs, �
than is necessary for drainage improv�rient which connect
the pond thra.�gh the scenic easFxr�ent.
3. Structures permanent and teaporary, traiiers, fenc�,
advertisir�,g signs, road, �ard surface improvernent,s are
prohibited.
4. Dunping or p7acing of soii or othar st�bstance or mater�a7
iandf i 11, or d�nping or p7acing of t,rash, wasrte or unsi ght y
or offensive material is proh�bited.
5. Ti�e t�q.�ography of the land $nd water 1 ine sha7 7 be retaine�l in
its nat�ral c�o�ndition, and no grading aite�nations, excava 'ion
or t,opc�graphic changes shall be made unless aut�orized in
writing by the C�ty of trfendota. Heights, Minnesata.
&. Yegetation rr�y be planted on the land t,hat is indigit�s
the 7and and appropriate ta the natural pond edge envir .
Wegetation within the easem�t rrc�y be maintained to prever� �
disease, main'tain scenic views and maintain variety of' na ra7
plant species.
P.2
7. Activities detrimental to dr�ainage, f7ood control, water
oalscrvatiot�, �osion oo�rttrol or soil conservation, or fis and
wild life habitat preservat#cn are prohibited.
This ea,se�r�t sha71 not be c�onsstr-ued as granting tl�e publ ic any r
enter or use the land for anY Purpose, nor sha77 this Scenic Ease
erffect any �egular use of the land by the effect,ed owr�ers except
nonconsistent with the restrictions 1-7 expressed in this Scenic
F_asement.
0
m
August 27, 1993
Jim Danie1son
City of Mencbt,a Heights
1101 Victoria Cw-ve
Mendata Heights, t�l�J 55118
t�ar ,1im:
r ' ' �
Enclosed p7ease fit�d tweive +oapies of the Foxwaoc� plat, a.k.a. Sc.xnerset
P7ace. Please process for City Cout�cii approva3 at the next meeting and
advise me as to what dafis that wnu7d occur.
Thank you for your assistance through this whole pr�c�s. We loak
forWard ta developing Foxwood in the manner presented.
Respectfully yaars,
�. � �. ��¢ ��~
a1d J. Mazzara
Architeet/Principal
A2CNITECT[.i�4�
FORU/Y!, iIVC.
4801 WEST8ISTSTREE'i', SUiTE 101
MINNEAPQLIS, MINNESQTA 55437
612/831-5926 • FAX612/831-9069
:� �+
T0:
FROM:
SUBJECT:
CITY OF 1�IJDOTA IiEIGI3TS
:i. . . •
September 3, 1993
Mayor, City Council and City Adminis
Revin Batchelder, Administrative Ass
James S. Danielson, Public Works Dir
Recsuest for Temporary Special Use Pe
John and George McNeil own a trailer home at 1455 Per
that has been a site where wood storage and wood drop off
an ongoing problem within the City for many years. This h
pile has expanded off their property and encroached on t:
right of way for the new Highway 13 , as well as expandi�
other private property. At the commencement of new
construction, Johnson Brothers, the Ma�DOT contractor, was
with clearing the MnDOT right of way.
Because� of the value
and sell the wood before
Walter Zuk was retained to
selling of the wood and a
DISCIISSIOIJ
� Road
� been
; wood
I�lnDOT
on to
of the wood, the McNeil's desire to cut
MnDOT destroyed it by burning i. Mr.
manage the clearing of the land nd the
crew was hired and began work.
During his approval of a MnDOT burning permit, Fire rshal
Raiser noted the wood cutting operation and directed Mr. Zuk to
meet with the City Planner. On August 3, 1993, Mr. Zuk m t with
the Planner and discussed the possibility of a long term e anded
wood processing business within the City.
Wood cutting, wood storage and outdoor storage are not
in the "I" Industrial Zone in Mendota Heights. Mr. �
informed this land use is not allowed and an amendment
Zoning Ordinance would be required. Mr. Zuk was also info
was highly unlikely that any approvals would be granted f
type of ordinance amendment. However, staff recognizes t.
cutting and removal of the wood currently on the aite wou
satisfactory resolution of a long standing problem. 8taff
with Mr. Zuk to establish proposed conditions and timetab
,completely removing all the stored wood from the site.
lowed
ux was
to the
:med it
>r thi�
iat the
.d be a
worked
.es for
Mr. Zuk was allowed to continue the removal operation until
City Council could review the terms and conditions of the proposed
agreement. Mr. Zuk has agreed to the terms in writing and has
submitted a request for a temporary' special permit. Since our
August 3rd meeting, much work has been accomplished already with a
maj ority of the wood having been split and stacked for remo�ral from
the site. (Please see attached letter).
RFCOb�TDATION
Because this proposal provides £or an opportunity to eliminate
a long standing problem within the City, we recommend that Mr.
Zuk's proposal be accepted and that a temporary apecial use permit
be granted according to the stated terms and conditions.
ACTION REQIIIRSD
If the
they should
as proposed.
KLB/JED:kkb
City Council desires to implement the recommendation,
pass a motion granting a Temporary Special Use Peranit
.A
� �:
R & R Firewood I
= � 4�6 E Mon tana Av
` 5t Paul MI�T 551
C3 ty af Mendota Heights
1101 Victoria Curve
Mer�dota Heights MI�� 55120
Ji.m Danielson - City Engineer
Kevin Batchelder - Assistant City Administrator
Jahn Uban - Ci�:y Planner
c
In cansideration and your approval of a temporary special use
Permi�, ta conduct a wood cutting operation, until March 15 1994.
R& R F�rewood Inc., located at 1455 Perron Road, Mendo�a x igh�s,
Minnesota, agrees to the following: �
(1) R& R Firewaod will not accept any woad, trees or bra c.he� for
firewood processing or starage fra�any waod con tract r,or
Muni.cipality%ta be stored at 14.�5 Perran Road, Mendat Heigh-�s,
MN. � • '
(2} �he existing inventory af waad at this location will be prace�sed
into useable firewoad far re-sale in the cam�ing month� of Qctober
. 1993 thru February 1994. Remaining wood scrap and branches wi11
be burned by the State of M�.nnesata, by a burning perm' t zssued
by the City of Mendata Heights.
(3) The processed firewaod will be stacked and stared in c rd lots
and will be sold at wholesale level. All firewoad will be
delivered to customers by truck and no retail operatio will be
conducted at 1455 Perron Road.
(4} �he firewood processing peration af R& R Firewood In ., will
cease ta ex7st before o�on March 15, 1994.
Thar�k you ,
(��-CJC ���'`� ��;.� _ ---"
_ �
Wa�ter Z.
�,> � s� �x�,� �._ c�,e .
�
s
r �
CITY OF MENDOT�I HEIGHTS
r :i°�` ,,�,
August 30,
TO: Mayor, City Council and City A
]�ItO1VI: 7ames B. Danielson, Public �Io�lcs D'
SUBJECT: Victoria Highlands Disputed Claim Rel
Members of the Victoria Highlands Townhome Association attended the 7uly
Council meeting to discuss seal coating of their access mad. The City had constructe
road in conjunction with utility installation. The Association alleged that the road no`
coat due to some faulty constiuction or desiga by the City. Instead of arguing the �
homeowners, the Ciry Council agreed to contribute up to $1,733 toward seai coatu
This contribution was conditioned upon the Association Board signing an appropriate
City guaranteeing that thea+e �vill be no further claims by the Association against the
The Association has now completed the seal coat aad has submitted the
release has beea reviewed aad approved by City Attorney Tom Hart.
� 4 � . ; .� �i; ��
Review the attached release and subject to approval, authorize payment of
$1,733 to the Association.
' � ��:�
), 1993 City
.their access
needs a seal
iint witla the
; their road.
�lease to the
a�lease. T'he
agr�eed upon
RELEASE
KNOW ALL MEN BY THESE PRESENTS, that The Victoria Highlands
Townhome Association ("Association"), in consideration of the sum of $1,733.00 in
hand paid by the City of Mendota Heights ("City"), does hereby release, acquit and
forever discharge the City, its officers and employees from any and all claims, causes
of action, costs, expenses and demands of each and every kind and nature, whether
direct or indirect, in law or in equity, for any further repair or maintenance of the
streets forming a part of the common area of the Association arising out of or in.
connection with the alleged negligent design, construction and supervision of
construction of said streets. � �
It is understood that the above-mentioned consideration was paid to settle a
doubtful and disputed claim and that the payment of the aforesaid sum by the City
is not to be construed as an admission of any liability on the part of the City or any
of its officers or employees for any alleged negligent conduct all of which the City
speci�cally denies.
IN WITNESS WHEREOF, the Association actin by and through its duly
authorized officer has set its hand this � day of , 1993.
In Presence of:
�� �.///_iJ�L'�L�
� /
' � � �%,. ,
I /
246129
VICTORIA HIGHLANDS
��
�
0
CITY OF MENDOTA �iEIGFITS
��
Sepiember 2,
TO:
� •. :
1Vlayor, City Council and City Adania�a
� Guy Kullander �1%
Project 1Vlanager ` ��
SUBJECT: Security Fencing in Water Tower
Security fencing inside the water tower was included with the improvements p
the Public Works Maintenance Facility expansion.
The fencing to be installed �vill provide � s�cuae area for Police unpound
a storage area for election materials and old City �coxds. The remaining spac� a�
1/3 of the water tower, will be used for seasonal storage by ttie Parks Depa�ient.
aisle space for radio and telephone equipme�at as welfl as St. Paul Water will be n
Bid results and a recommended action will be available for Council
evening.
(iK:df�v
.naed for
icles and
xianately
.cess and
ained.
��y
s�
c=Tx o� ���� �a��Ts
, Y.:il; . �;
Septeanber 7, 19!
TO: Mayor, City Council and City Administr
FROM: Guy Rullander, Parks 1�2anager���
SUBJECT: Security Fencing in Water Tower
DISCIISSIONs
Security fencing inside the water tower was incl�d
with the improvements planned for the Public Works
Maintenance Facility expansion. �
�3
� �l� �4.�
The fencing to be installed will provide a secure �rea
for Police impound vehicles and a storage area for elec�ion
materials and old City records. The remaining space
approximately 1/2 of the water tower, will be used for
�easonal storage by the Parks Department. Access and a sle
space for radio and telephone ec�uipment as well as St. �aul
Water will be maintained.
• The budget for the Water Tower Security fencing is
$3,500.00. Since that estimate was developed I have
enlarged the�vehicle access gate, added two small acces
gates and increased the length of fencing by 29�. Thes
changes were to better utilize the space available and
develop a separate area for election and old City recor
storage.
I contacted five (5) fencing firms and received
following bids:
Century Fence $3,888.00
Viking Fence $4,100.00
Able Fence $5,790.00
Dakota Fence $6,388.00
RFCQb�NDATIQN :
I recommend that Council review the submitted bids
award the contract to the lowest b�dder.
ACTION RF4IIIRED:
If Council so desirea they should award Century Fei
the contract to install security fencing in the raater t<
and direct ataff to issued a purchase order in the aanoui
$3,888.00 to Century Fence. I
and
of
�Y11`Li�ajui .ii �7�� •
:1:'� ` ��;
S��IIlbe� 2,
�O: Ndayor, City Council and City Adanini
FROM: Guy Kullander ��
Engineering Technician
SUBJECT: Seal Coat Bids for Huber Dxive Ta�i�
The 1993 budget included $3,500 for seal coating of bituminous tzails. Staff s
I3uber Drive trail, fmm Delaware Avenue to 1VTendota Heights Road, wlrich was con
�983e Total length is appmxiffiately one �ale.
Bid results and a recommended actioa will be available for Council
evening. ,
GK:dfw
the
i in
i 1�uesday
� /���t���
/ D1� . . �C Y ,�1
CITY OF ���� �EIGHT3
September 7, 1
T0: Mayor, City Council and City Administr
FROM: Guy Rullander, Engineering Technician
SUBJECT: Seal Coat Bids for Huber Drive Trail
DISCUSSION•
The 1993 budget included $3,500 for seal coating ol,
bituminous trails. Staff selected the Huber Drive trai;
from Delaware Ave. to Mendota Heights Road, which was
constructed in 1983. Total length is approximately one
mile.
Bids were received from five (5) firms:
Professional Asphalt Services $2,342.00
Chem Seal Blacktop Maintenance $2,591.53
Gopher State Seal Coat $2,650.00
Premier Sealcoat $3,360.00
Asphalt Maintenance Co. $4,820.00
Specifications, prepared by Staff, called for two
coats of material be applied. The low bidder, Profess
Asphalt Services, recommends we use an alternate squee
method which will result in 35 - 50� more material app
leave a smoother surface, and add one to two years lon
life than a spray application.
This method, by this firm, was used on the drive a
roadways in the Victoria Townhomes development. Cost f
this alternate method would be $3,295.00 which is withi
amount budgeted for this improvement.
�.tECONIl�lENDATZON •
I recommend the
approved by Council
low bidder.
ACTION REOUIRED:
alternate application method be
and that the contract be awarded to
If Council so desires they should review the bids
submitted and award the contract to the low bidder,
Professional Asphalt Services. If Council agreea with t
recommendation to accept the alterxiate application meth<
they should instruct staff to issue a purchase order to
sealcoat the Huber Drive trail in the amount of $3,295.(
GIC : nb
�3
ed,
r
the
the
�
c
ca�r �� �o�a� sEzc$Ts
��,,::�., :.
A gust 18,
T0: Mayor, City Council and City 1�dministra
FI20M:
SUBJECT:
� _ �i� _ • �
John P. Maczko
Fire Chief
Appointment of Bret Blaeser as Firefighter
For the last several months the Fire Department
Board and City Administrator Lawell have been conduct
interviews for filling vacant firefighter positions.
In interviewing for these positions, the primar�r
the department is daytime responders. Emphasis was pla
daytime availability. Seven candidates have been inte
with varying degrees of qualifications. The Bxecutive
has determined that one candidate excelled above the o
and due to the need to enroll this candidate in Firefi
School, we would like to proceed with his appointment
time.
The candidate that the Executive Board has chosen
Blaeser. Bret is a resident of Mendota Iieights and own
own landscaping business. Bret is available for all ca
(day and night) since he lives in Mendota Heights and p
a majority of business in the Nlendota Heights area. He
very enthusiastic about joining the department.
RBCObIl►�NDATION:
1993
�cutive
d of
on
ewed
tE?".. •
this
s Bret
his
ls
rforms
is
The Executive Board and I recommend that Bret Blae er be
appointed to a one year probationary period commencing
tonight, September 7, 1993.
ACTIQN REQIIIRED:
If Council concurs with the recommendation they s
pass a motion appoint Bret Blaeser as a Probationary
Firefighter with a one year probationary period on the
Heights Fire Department beginning September 7, 1993.
cc: Bret �laeser
ta
i
�
�
� � . ,�.�. .� .� .. i-� i, .
.�;�`, . (�i
�1Ug11St ZS,
TO: Mayor, City Council and City Ad ' r
FROM:
SUBJECT:
James E. D elso
Public �Vorks� c r
Trail Easement Cornections
DISCUSSION:
As part of the Kensington PUD approvai, Centex donated a trail eas
connecting their Sth Addition to Kensington Park (see attached map). Centex re
the legal descriptions of those easements referned to the wmng block. They have
a cornected easement for City approvai.
RECOMMENDATION:
I recommend that the City approve the attached corrective easement that
description for the Sth Addition trail..
I: � � . : .� ,i; ��
If Council desires to implement the recommendation they should pass a
the Mayor and Clerk to siga the cornective easement agreement.
: to the City
� learned that
'ore pa�epared
the cornect
authorizing
.
9
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��J111�11 1 ��.�� :����L V 1J�V
" Designed(ortodo�t I3uilt forfomorrosv.
August 23, 1993
Mr. Jim Danielsan
City of Mendata. Heights
1101 Victoria Curve
Mendata Heights, I�� 55118
Re: Coz�rection af Legat Descriptian for Trailway Easement
KENSINGTON PUD STH ADDITION
Dear Jim:
Enclased is a Carrective Easement Agreement signed by Centex. As you �recall,
description used on the document filed with the caunty referenced the incorrect :
have the appropriate persans sign this document and have it recorded or cantact
can get it recorded. � .
Thank you for attending to this matter.
Sincerely,
CEr1TEX HOMES
<^
� �
�.i1i11�1 t4. 811.�C8
Land Development Manager
�DOC1MFi0823JD
•'i�����'��.Ir
+� �= ` � �.t, ;
»� � � , ����.�,�,�
,�
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4�� r7 xw R .
. _ �,� . .
legal
;k. Flease
and we
Baker Technology Plaza, 5829 Baker Road, Suite 470, Minnetonka, �� Minnesota 55 45-5955
Builders License #1333 (612) 936-i833 FAX (612) � 36-7839
.; �
,,.. ..
CORRECTIVE EASEMENT AGREEMENT
Th's Agreement is made as of this � day of
v , 1993, by and between CENTEX REAL ESTATE
COR RATION, a Nevada corporation ("Centex"), and the CITY OF
MENDOTA HEIGHTS, a municipal corporation (hereinafter called the
"City").
A I T N E S 8 E T H:
WHEREAS, on January 7, 1993 Centex executed an easement
agreement in favor of the City (the "Easement Agreement").
WHEREAS, the.Easement Agreement was recorded in the_office of
the Dakota County Recorder on �uK�ar� 25, (�q 8 as Document No .
oq1 635g • .
WHEREAS, there is a mistake in the legal description of the
property which is the subject of the easement described in the
Easement Agreement. The legal description of the easement
erroneously references Block 1, Kensington PUD Fifth Addition. The
City and Centex intended the legal description to reference
Block 3, PUD Fifth Addition.
WHEREAS, the purpose of this Corrective Easement Agreement is
to correct the legal description of the easement.
NOW, THEREFORE, in consideration of $1.00 and other good and
valuable consideration, the City of Mendota Heights and Centex Real
Estate Corporation hereby agree that the legal description set
forth in the Easement Agreement is deleted and replaced with the
following:
The northwesterly 5.00 feet of Lot 6, Block 3, Kensington
PUD Fifth Addition, according to the recorded plat
thereof.
The part of Lot 7, Block 3, Kensington PUD Fifth
Addition, according to the recorded plat thereof,
described as follows:
Beginning at the most southerly corner of said Lot 7;
thence on an assumed bearing of North 47 degrees, 41
minutes, 42 seconds East, along the southeasterly line of
said Lot 7 a distance of 220.63 feet to the most easterly
corner of said Lot 7; thence northwesterly along the
northeasterly line of said Lot 7 to the intersection with
a line 10.00 feet northwesterly of and parallel with the
southeasterly line of said Lot 7; thence South 47
degrees, 41 minutes, 42 seconds West along said parallel
line 170.00 feet; thence North 87 degrees, 02 minutes
245590
West, 63.78 feet to the southwesterly line of said Lot
thence South 39 degrees, 55 minutes, 27 seconds Eas
along the southwesterly line of said Lot 7 a distance
55.36 feet, to the point of beginning.
i;
�,
�f
IN WITNESS WHEREOF, the City of Mendota Heights and Centex
Real Estate Corporation have executed this Corrective E sement
Agreement on the date set forth above.
� STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CENTEX REAL ESTATE CORPORA
BY.
�
Thomas M. Boyce 1� �
Its President �
�,( The foregoing instrument was acknowledged before me �n this
�'� day of August, 1993 by Thomas M. Boyce, the Division Pr sident
of Centex Real Estate Corporation, a Nevada corporation, on behalf
of the corporation.
Mawt.nnnnv�nnrv.tita��3�nrm.tivvww+nna� �
''�� DANi�I. A. 3CAK�
NOTAf?Y PU�LIC-h�R�lRcSOTA
HEAiNEPIN COUNTY
AAy Commissian Expires Feb. 24,1898
r y
245590
2
%� �. !��-�
Notary
�
STATE OF MINNESQTA )
) ss.
COUNTY C1F DAKOTA }
CITY OF MENDOTA HEIGHTS
By
Its Mayor
By
Ci�y Clerk
Tha foregoing instrument was acknowledged before me on this
day o� August, 1993 by and
the Mayor and City Clark of the
City of Mendota HeigHts, a municipal corporation organized under
the laws of the State of Minnesota, on behalf of the eorporation.
Notary Public
DRAFTED BY:
Briggs and Morgan, P.A.
2200 First Natianal Bank Building
5aint Paul, Minnesota 55101
(TLB}
245540
3
'f • �
a
CI'�'Y O� �OT� HEIGH�'S
.�:�7� �, ; l�?
TO: Mayor, City Council and City Adffii�i
FROM: Klayton H. Eckles, P.E., Asst. City 3?ngineer
„
1�-� L-
SUBJECT: Joint Powers Agreement witti Lilydale
for Mayfield �Ieights Diversion Pxoject
7ob IVo: 9108
`;�Y�1�X���A
Septea�ber �, 1993
�
Attached is a second Joint Powers Agre�ment with Lilydale for the Mayfie:
Diversion pmject. Due to some minor modifications in the desiga (the pipe capac
increased somewhat), the Lilydale City Attorney wants the agre�ment modified as a
has no problem with the new agreement. No change in the cost sharing is pmposed
'�Ki i i � � � �
I recommend Council approve the attach�d Jo�t Powers Agreement and
Mayor and City C�erk to exe�ute the agr�in�nt.
� � ' � �� ��
If Council concurs with the recommendation they should pass a motion
7oint Powers Agreement with the City of Lilydale and authorize the Mayor and
execute the agreement.
d•Heights
ities were
ell. Staff
�o� the
�oving the
► Clerk to
' 1 /� � •�
- SECOND JOINT POWERS AGREEMENT
RELATING TO THL CONSTRIICTION OF A STORMWATER
IMPROVEMENT LOCATED IN TFIE VICINITY OF LE%INGTON '
AVENIIE AND TRDNR HIGHAAY 13 (MAYFIEI�D AEIGATS DIVERSION�
THIS AGREEMENT, made and entered into this day of ,
1993 by and between the City of Mendota Heights, Minnesota ("Mendota
Heights") the City of Lilydale, Minnesota ("Lilydale") and the Lower
Minnesota River Watershed District ("LMRWD").
Ai�:�AS, Mendota Heights and Lilydale have executed a Joint Powers
Agreement (hereinafter called the "First Agreement"), a copy of which is
attached hereto, for the design and construction of a stormwater project
referred to therein as the "Mayfield Heights Diversion" project, the
design for which was to be completed to implement "Option C" of the Barr
Engineering Reports titled Lexington Avenue Drainage Feasibility Study,
dated June, 1991 and Mayfield Heights Outlet Evaluation Report dated
July, 1992; and
A�REAS, LMRWD is willing to contribute to the cost of the Project
if certain changes are made to increase the rate ot flow to the portion
of the Project called the Mayfield Heights Diversion.
NOA, Tffi?REFORE, it is mutually agreed by and between the parties as
follows:
1. Mendota Heights will proceed with the design and construction
of the Project as described in and pursuant to the First Agreement and as
adjusted pursuant to the attached Table 2 which shows adjustments to the
Project to accommodate an increase in flow rate to a 100 year design
storm flow rate of 54 CFS. The Project as adjusted pursuant to this
paragraph shall be completed on or before December 31, 1994.
2. The Project as adjusted pursuant to paragraph 1 hereof will be
deemed to be completed when completion is certified to Mendota Heights in
writing by Barr Engineering COmpany. Mendota Heights sha11 �
of Barr Engineering Company's written certification of com,
T'MRWD by certified mail, return receipt requested, addressed �
Lawer Minnesota River Watershed District ,
Burnsville, NtN 5533?
ATTENTION:
3. Within 30 dags of the date that a copy of Barr E
Company's certa.fication of completion is sent by Mendota ]
LMRWD, LMRWD will pay to Mendota Heights either: 1) $26,000_i#
actual cost ot the Praject as adjusted pursuant to paragrapl
i.ncluding, but nat limited to, aIl items Iisted on Table 2 is $
more; ar 2} 26 -� 215 X the tota2 cost of the Project as adjuste
to Paragraph 1 hereaf i.f the total cost is less than $225,OQ0
4. Pa�ment by LMRWD as provided in paraqraph 3 shall b
end a copy
�letion to
follows:
ing
�ights to
the total
1 hereof
15,000 or
pursuant
required
whether or not any additional work is done in connection with T e Project
by any other persons or entities including, but not li.mited to MNDOT or
any affected townhome group.
5. Al1 costs of The Praject as adjusted pursuant to p ragraph 1
hereof, less any amaunt paid by LMRWD or any other person r entity,
shall be divided equa3ly� between Lilydale and Mendota Heights n a 50f5t�
basis and paid pursuant ta the First Agreement,.
6. The parties understand and agree that the costs s
attached Table do not include the costs £or the Mendota
basin and Lexington Avenue ditch upgrade, which are also pa:
Project. The parties further understand and agree that actual
vary from estimates. The costs for the total Project, incl
Mendata Heights ca�ch basa.ns and. Lexington Avenue ditch up
currently estimated to be $215,000.
._. .. .. . . _.. _ .. _. _. ....�_.__. _.-2-
n. on the
ts catch
: of the
osts may
iing the
: ade are
a t
✓ �
7. �Sn the event that �itigation is initiated by either Mendota
Heights or Lilydale to collect payment.from LMRWD, the prevailing party
shail be entitZed to reimbursement af ail costs and reasonable attorney's
fees incurred in conjunction therewith, whether incurred priar to or
after entry o� judgment. � �
$. Except as modifi.ed herein, Mendota Heights and Lilydale hereby
ratify and confirm the First Agreement.
9. This Agreement con�titutes the entire agreement between the
parties and may nat be modified or changed except by a written agreement
signed by the parties, -
IN TESTIMONY W�REOF, the parties hereto cause this agreement ta be
executed b� their respecti`e, duly�authorized officers as of the day and
year first above written.
Att,est :
Citg Clerk
Attes�:
City Clerk
Attest:
0
• � u�- � • _
By
Mayor
CITY UF L2LYDAT,F
By
Mayor
L{)AER MII�fNESOTA RIVER
WATERSHED DISTRICT
By
�---• -- - _ _._ . - _ .. �.._ _.. ----3_ -,.,- --- -._..__._ ._.. -- � - -_.. ..__.. _. .. __.._
�
• 1 ' • �!' ' � i�l ' ! t :1
i ' i i • ` �1' I 1' ' • �4 1 �
• �!1 t :t ! • !i • �1
i ' ::1 : 1 1:1 : � a1'
T'.HIS AGRF.,E�iI!�Y'T', made and entered into this day of
by and i�eiween the Cities of Mendota Heights, h2innesota and Lilydale,
called Mendota Heights and Liiydale.
W��I2EAS, these two Cities are members of the Lower
l��magement Organi��tion; and �
WHI�tEAS, storm watcr cminatiag from both Cities is causing
in thc arca of Trunk �I'ighway 13 and I,exington Aveaue; and
WBERE,AS, Barr Engineeruag Company, repztsenting the Lawer r
Watershed Management �rganization has, at the d"nrection of the Waterst
+Qrganization, conducted extensive oagineering studies analyzing the paroblem;
W'H�, these B�axr studies have arrived at a solutian to the starm w<
�necammends diverting some of the storm water from its natural caurse down Le�
into a storm wat�r pipc aiong Dougias Raad then iata au existing staim water
Mendota H'eights called the Ma�eld Heights storm water pond; and
� ; .
WSEREAS, this solution has be�n ztviewed and appmved by the Lc
Rivar Watershed Managemeat 4rga�aiza�ion; aad �
'4PflEI2TAS, as the cast share for completing this work has been
near an equai SQ-50 spli�. � •� •
Nt?W Z�` FORE, it is mutually agreed by and beiween the parties
1. Mendota Seights shall be design�ated to complete the dosign
accoxdance with the Baxr solution to canst�uct a stonm water praje�
the "Mayfield Heigbts Diversion" praject. The design for this p�
comgleted tc� implement "C}ption C" of .the Bair Engineeriug :
Lexington Avenue Dra3nage Feasibility S�tudy, dated Juae 1991
Heights Outlet Bvaluation Repart dated Iuly 1992.
2. � Plans and specifications shall be submitted ta Ialydaie and ti
Management Pngineer {Bazr) for appr�val before advertisement for
and Mendota Heights sha,ll both approve af the bid befone a contra
3. All casts, shall be d"zvided equally between the two Cities on a
estimated proje�t casts to be divided aze $200,000, uzcluding
Barr Engincering consuIting costs,. easement costs and
, 1992
hereinafter
• , . �, -•.
in Lilydale
'tssippi River
Management
problem that
;tion Aveuue,
ding pond in
ta be very
follows:
drawings in
G to l�c qlled
�,ya� sball be
:eports titicd
ad Mayfield
Watexshed
ds. Lilydale
is awarded.
basis, � Totai
�ction casts,
ota Heights
0
Engine�ring Enterprise costs for design, ins��ection, praject coordination, and
fznanczng.
4. Mendota Heights will fund the project during constiuction. Lilydale will be
billed and agrees to pay its fafty gercent (509&} stiare ugon fu�al payment ta the
• cantractor, or its e.stimated fifty percent (50 °&} on September 30, 1993, which
. ever cames fus� In the event that Mendota Heights needs io initiate litigation to
receive payment far this obligation, Mendota Heights shall be entitled ta
• reimbursement af all costs and z�easonable attorney's fees incnrn�d in conjunction
• therewitit, whether incurred prior to or after entr�► af judgement.
' IN TFSTIMONY W��.2FAF, the parties hereta cause this Agreement to be executed
by their m.s�ective daly authorized officers as of the da.y and yea�c first above written. �
MMM • ' ��I���r ! : :!� _ :M!►
By
Mayar
Ai�test '
City Clezk
. CT
By
At
�
_ 2ABLE 2
COST ES2IMATE - I00-YEAR DESIGN
MAYFIELD FiEIGHTS DIVERSION
WITIiOUT MEF�IDOTA FiEIGIiTS CATCH BASII+tS
DE5CRIPTZQN �
MAYFIELD iiE2GfiTS D2VERSI813
30" RCPr F+I
42' RCP, F+S
60" RCP � F�'I
6a• RCP, Avron
catcix Basi.ns
Manholes
'Qtility Crossinqs
Filter
Earth Wark/Gradiag
Turf Restoration
Street Restoratian
urt�x f ¢uarrri� i vrr=s cosT
L.F.
L.F.
L.F.
Ea,
Ea.
Ea,
Ea.
C.Y.
C. Y.
C.Y.
S.Y.
Subtata3 Canstructicn
Mabilixation (12�}
Contingencies (10�k)
Engineerinq (20�}
Subtotal, Mayfiel.d Fieights Diversian
Construction Inspectioa (10'�j
Easement Acauisitian
P3anninq Stusiies
TOTAL MAYFIELD HEIGHTS DIVERSION
23�19\078\TA82�3.TA8\YMH
�
� 37,1Q0
24,080
� 7,SOq
1,3�0
" x,soa
s,aoa
4,SQ0
500
SUO
16, 20{}
5,200
9,300
xas,sao
13,800
11,600
23.000
64,100
16,400
2.000
% r ��i�
s as,aoa
r�
� j
CITY OF MEN'DOTA HEIGHTS
DAKOTA CO�I�i'�X, �lINN�SOTA
PLANNING C9b�2a�SI9N MII�T$S
AII�IIST a4, 1993
The regular meeting of the Mendota Heights Plann�ing Commiss
held on Tuesday, August 24, 1993, in the City Hall Council C
1101 Victoria. The following meanber� were present: Roll,
Duggan and Tilsen. Commissioners E�'riel, Dreelan and Hunt�
excused. Also present were Public worka Director Jim Dan
Planning Consultant John Uban and Senior Secretary Rim Bla
APPROVAL OF MINIITES
Commissioner
minutes with
Commissioner
AYES: 4
NAYSz 0
Tilsen moved
corrections.
Roll seconded
approval of the July 2�
tlae anotion.
Chair Dwyer briefly explained that Mr. and Mrs. Bobst,
Callahan Place, had appeared before the Planning Commie
April requesting a lot division of their 1.22 acre li
further explained the newly created lot will not h�
required one hundred feet (100') of frontage at the b
setback. Chair Dwyer stated the Planning Commission co
the hearing to May to allow time for the applicants to
more information conceming their subdivision as requ
the City's Subdivision Ordinance. He further explain
since May, the Bobst's have been granted, at their r
three more hearing continuationse j
Mr. Paul McGinley, principal surveyor and owner �
McLagan Surveying, stated the Bobat's own a large 1.
lot which they would like subdivided into two lots . HE
with the lot division a flag lot will be created. He
stated the Bobst's will be acquiring 2,500 square fe
Mr. Rnaus (neighbor to the north) to create a larger c
for the newly created lot. He stated the original �
for a shared driveway has been eliminated. He expla�
Knaus will retain an easement over the triangle piece
as his property could be subdivided in the future
McGinley stated Mr. Knaus has indicated he has no inte
at this time, to subdivide his property.
.on was
�er,
r were
elson,
ser.
r, 1993
of 676
iion in
t. He
ve the
ilding
tinued
submit
red by
d that
cjuest,
` Paul
2 acre
stated
f rom
veway
ed N!r .
f land
Mr .
Mr. McGinley stated the power pole located on th Bobst
property will be at NSP � s expense . He stated the fenc on the
Bobst's property is owried by the Eschle's (neighbor's to the
west). He stated the Bobst's will deed six feet (the ortion
c
Planning Coa�Lission 1�linutes
AuguBt 24, 1.993
Page 2
enclosed by the fence) to the Eschle's and that the Eschle's
will help share the costs in taking care of the fence
encroachment.
Mr. McGinley stated the propo�ed house has been anoved to the
south ten feet (10') to help preserve trees. He stated two
trees will be removed for placement of the houae and driveway.
He further explained 20 to 30 pine trees located at the
corridor of the south end of the proposed driveway will be
moved and replaced to help screen the new home. Mr. McGinley
presented a landscape plan indicating existing and,proposed
plantings on the property.
Mr. McGinley stated that the neighborhood had expressed
concerns with the proposed house orientation. He stated that
all homes but the Rnaus home adj acent to the new home will
have the normal rear yard to rear yard orientation. He stated
the north neighbor's (Rraaus property) rear yard will be facing
the front of the proposed home. He stated the �aus's �riew
from their home is from the west and the new �obst's home �riew
will be from the west. He indicated the Knaus property will
also be shielded.
Mr. McGinley cited several examples of flag lota within the
City. He stated precedent has been established within th"is
particular area of the City. He further stated the Bobst
proposal fits well within this area as there is a real mixture
of property sizes within this area.
Chair Dwyer stated several neighbors were present at the April
meeting expressing their concerns . He noted no area residents
were present at the hearing tonight. He stated the residents
had expressed concerns with the resale of flag lots and site
line distractions. He atated I�lr. McGinley seems to have
answered most of those concexris.
Chair Dwyer, read for the record, a letter from Mr. Itnaus
stating his aupport for the Bobst's request.
Chair Dwyer inquired if the Bobst's are able to prove
practical difficulty or hardship in requeating the variance as
required by the City's Zoning Ordinance. Mr. McGinley stated
the property, should it be subdivided, exceeds the standard
lot size within this particular zoning district. He stated
this parcel is suitable for a lot division. He stated with
the development of the existing lots in this area, no other
access to the proposed lot was allowed. He stated the Bobst's
should be given a means to utilize their property just like
the area residents have in the past. He stated there is no
other means of accessing this property should it be subdivided.
Plaxu�ing Camnis�ion
�,ugust 24, 1993
Page 3
Planner Uban confirmed Mr. McGinley's statement. He stated
there is no public access available in this area. He stated
a street was vacated south of Callahan Place in the pa t. He
stated the owner of this property had no contro over
development of existing landowner's property in the pa t. He
stated there is reason�to assume the Bobst's ha done
everything possible in accessing this property. He s ated a
flag lot is appropriatee
A brief discussion ensued over when a flag lot is neces ary or
not. It was determined development in this area is oc�urring
regularly, a number of flag lot proposals may be brought
before the City. The Planning Commission suggest d that
perhaps a City pol�icy should be established regulat ng the
development of flag lots.
Commissioner Tilsen stated the future driveway ak
existing driveway. He stated an easement should be g
store excess snow. Commissioner Tilsen commended the
for their efforts in presenting a plan which seeans t�
areas of concern expressed by the area residents. He
with the acquisition of the sliver of land from the n
to the north has made a world of difference in the pr
He stated easements for dra�inage and snow storage sh�
considered.
dts axi
ven to
obst's
cover
stated
ighbor
posal.
uld be
Commissioner Tilsen inquired if an ejector system v�ill be
constructed for this house. Mr. McGinley answered yes.
Commissioner Tilsen inquired if the driveway width me ts the
requirements for emergency vehicle access. Publi Works
Director Danielson responded it does satisfy the requir ments.
Commissioner Duggan noted concerns for erosion control during
the excavation process. Mr. McGinley stated the propos d walk
out will be close to the existing elevation in the rea of the
property. Commissioner Duggan stated the Bobst's h ve put
forth an effort in maintaining the integrity �f the
neighborhood. Mr. McGinley stated he will include a silt
fence on the plans for City Council's review.
In response to a question from Commissioner Dugg
McGinley explained the ejector pump system. He expla
system will pump only from the basement, the remain:
will use gravity. He stated their system will
building requirements. Commissioner Koll inquired wh�
happen if there were a power outage. Mr. Bobst respo;
laundry room is located in the upper level of the hoi
stated there is one bathroom located in the baseme
stated there has been no problem with drainage in tl
It was pointed out by a membex of the audience that an
, Mr.
:d the
home
.tisfy
would
:d the
. He
, He
area.
ector
Q f
0
Planning Co�nission I�linutes
August 24, 1993
Page 4
system is similar to a suanp pump system.
Commissioner Koll stated the property does match existing
property in the area. She stated the property is on the end
of a variety of land and the property is not out of place.
Chair Dwyer asked for esuestions or comments froan the audience.
There was no one present to discuss this request.
Chair Dwyer moved to close the public hearing.
Commissioner Tilsen seconded the motion. ��
AY$Ss 4
NAYSs 0
Commissioner Tilsen moved to recommend that the City Council
approve a seventy foot (70') variance to the £rontage
requirement based on the hardship of limited access to the lot
created by development of other property owners beyond the
control of the applicant.
Commissioner Duggan seconded the motion.
AY$S: 4
1J�XS a 0
Commissioner Tilsen moved to recommend that City Council
approve the preliminary plat with the following conditions:
1. A drainage easement be provided on both lots subject to
City Engineer review.
2. A snow storage easement from Lot 1 to Lot 2 be provided.
3. Fire Chief review of plan�.
Commissioner Roll aeconded the motion.
AYSS: 4
NA%Ss 0
CONTINIIED HEARING:
CASL NO. 93-17z
DLEB - 4PETLANDS PERMIT
Chair Dwyer explained at the July Planning Commission the
Commiasion tabled a wetlands application from Mr. Jake Deeb,
of 1780 Dodd Road, to allow time for staff to research some of
the history of the creek near his proposed garage.
Planning Co�rg►tission
August 24, 1993
Page 5
Chair Dwyer stated, at Mr. Deeb's request, a represe'tative
from the Dakota County Soil and Water Conservation Di trict,
researched the site and deteranined the property south of Mr.
Deeb's lot is considered a wetl.ands (Willow Creek) nd the
tributary to Willow Creek (Pine Cxeek) is not a�aetlands. Nlx�.
Deeb responded that Mre Kernick, representing the �ounty,
reviewed samples of the soil in the area.
Chair Dwyer stated Mr. Deeb needs to decide if the e isting
garage will be eliminated or kept. He stated if the ga age is
eliminated then a separate garage may be built wi hout a
conditional use permit. He also stated a Wetlands Pe 't is
also needed and that the Commission must review this•�ecluest
first and foremost.
Mr. Deeb, referring to the memorandum submitted by Public
Works Director Danielson dated July 28, 1993, stat d when
Willow Springs Addition was created that entire
granted a wetlanda permit. Mr. Deeb atated his
overlooked in granting of a wetlands permit at that
stated his house is within ninety feet (90' ) of the �
further stated not only does he now need a wetlanda �
a garage construction but should he want to re�
driveway a wetlands permit will be necessary. He
wetlands permit should have been granted to his prc
t
s
a was
ie was
a . Iie
k . Fie
it for
e his
�ted a
Chair Dwyer atated the Planning Commission is not g�ing to
discuss past events undertaken in the year 1987. He stated
the Commission is charged with reviewing current applic tions.
Commissioner Tilsen concurred with Chai
definition of a wetlands doea not
character of an area subj ect to seasonal
stated the area of the storm pipe is a
flows over land. He stated he has
construction taking place near low
questioned how the City can protect th
out filling and plugging the storm wat
r Dwyer and sta ed the
cover the cha ge in
flooding. He urthex
low area wher water
a grave concera� in
areas of lan . He
e future flowa�e with
er pipe.
Commissioner Tilsen stated an easement should be pl
the pipe. He stated he concurs that this area
wetlands and that the City should amend the wetland
stated the City Engineer should review the area and
a wide enough easement to protect the existing drai
ac a over
is not a
s p. He
es ablish
Chair Dwyer stated Mr. Deeb is proposing to construc a 900
square foot building within thirty six feet (36') of Willow
Creek.
Planning Consnission Nlinutes
August 24, 1993
Page 6
Commissioner Tilsen inquired if the water encumbers any
different area when there is a storm or heavy flowage. Mx�.
Deeb responded the elevation of the proposed garage i� 5 1/2
to 6 feet above Willow Creek and the flowage of Pine Creek.
He stated the drainage pipe is covered to allow access to the
backyard. He stated there is a fifteen foot (15') depression
and if the pipe is plugged, the depressed area handles the
flow. He stated the grade also flows to the southwest, so the
Mikelson property would be flooded. Commissioner Tilsen
stated the Commisaion needs to be cautious as this area is
beginning to develop. He stated there will be great,.pressure
on the drainage syatem in the area which is all the moxe
reason why an easement �should be placed on the Pine Creek
chanriel .
Planner Uban stated the area upstream has been looked at for
development and the City may need to consider improving the
�torm sewer system in tlae £uturee
Mr. Deeb atated the former landowner constructed the pipe, not
the City. He stated his whole lot is located within the
wetlands boundary. He stated the City has no authorization a�
to what has or has not been designated the wetlands
boundaries. Planner Uban stated the State of Minnesota is the
designaCing governmental unit in regulating wetlands. He
stated the City must adhere to the minimum requirements set
forth by the State. He explained the City may opt to go
further in requirements for Wetlands.
Commissioner Duggan stated Mr. Deeb is proposing to construct
a 900 square foot building within thirty six feet (36' ) of the
wetlands. He stated it makes no difference what has happened
in the past. He stated the Commission is charged with
reviewing the size and proximity of the proposed structure.
Mr. Deeb stated he believes a hardship has been created.
Commissioner Duggan atated he is against approving the
wetlands permit due to the proxi.mity of the structure to the
wetlands and the size of the structure ia too large.
A brief discussion ensued regarding the allowable size of an
accessory structure and size of a lot.
Commisaioner Roll stated she is more sympathetic in reviewing
this proposal as it is an older home which needs a larger
garage. She stated the former owner did not understand what
would happen if the creek bed vaere moved. She stated she is
in favor of granting the wetlands permit and that the size arbd
placement of the structure could be negotiated.
Planning C�mission
August 24, 1993
Page 7
Chair Dwyer stated he is against the wetlands permitldue to
the aize of the structure.
In response to a question, Public Works Director Da'ielson
stated the creek bed was located one hundred feet (100 ) from
the Deeb property and is now located thirty eight fee (38')
from Mr. Deeb� s property. Chair Dwyer stated the physi al and
topographical facts remain that the proposed structur is to
be placed within thirty six feet (36'). Mr. Deeb sta ed the
previous creek was located seventy feet (70') further south.
He stated the City overlooked granting a wetlands p� , t.
Chair Dwyer opened the meeting to the public. �
There was no one present to discuss this request.
Commissioner Tilsen moved to close the public hearing
Commissioner Duggan seconded the motion.
AYESs 4
NAYS: 0
Commissioner Tilsen moved that City Council apprc
construction of a garage no closer than forty feet (40'
and fifty-six feet (56' ) froan the center line and t:
Deeb give a twenty-five foot (25') drainage easemex
stated in essence, Mr. Deeb will need to move his
twenty feet (20') to the north.
Mr. Deeb responded if he has to move his garage fu�
north, it would cut into his access into his l.ot.
MOTION FAILED - DIJE TO LP�CI� OF SFCOND .
Chair Dwyer moved to recommend that City Council d�
Wetlands Permit as it too large of an encroachment
center of the creek.
Commissioner Duggan seconded the motion.
AYESs 2
NAYSs 2, ROLL, TILSEN
MOTION FAILS DUE TO A TIE
Commissioner Duggan stated he is uncomfortable with mo
changing the position of the garage without seei
building on a map. He further inquired to the amount�
Mr. Deeb placed on his lot. Mr. Deeb responded he f�
City procedures as directed by the building official.
�e the
south
at Mr.
, . He
garage
to the
:ny the
to the
ng or
� the
fill
lowed
Planning Con�tission 1�Iinute�
AuguBt 24, 1993
Page 8
Commissioner Roll moved to reco�nend that City Council grant
the wetlands permit as proposed.
Chair Dwyer seconded the motion.
AYESz 1
NAYSs 3, DWYER, DIIGGAN, TIL��d
Chair Dwyer stated the Planning Commission has reached an
impass in a decision. He atated Mr. Deeb will have to go
before the City Council and present his case. Mr. Deeb stated
the City overlooked granting his property a wetlands permit in
1987.
HEARING:
CAS$ N0. 93-18:
T�ARp�SON DRVELOPb�:NT COmiPAt�iX -
6:UP
Mr. Kenneth Scheel, project manager representing Tharaldson
Development Company, was present to request a Conditional Use
Permit to allow the construction of a Fairfield Inri next to
the Courtyard by Marriott on I�Torthland Drive.
Mr. Scheel briefly reviewed the past hietory of this project.
He explained Tharaldson Development Company had recefved
approval on a similar project in 1992. He stated the proposed
hotel was to be, used for North�aest Airlines employees. He
stated the application has expired because of NWA�s on-going
struggles in keeping out of baai}cruptcy.
Mr. Scheel stated the new project has been upgraded to be a
"for rent" facility and it now meets more stringent standards.
Mr. Scheel explained that presently negotiations with
Northwest are on going. He stated the hotel will be built anci
operated to Fairfield standards whether NWA uses it or not.
He further stated if NWA uses the hotel, the hotel will not
have a Fairfield name. He stated it will be operated as a
Heritage Inn by Tharaldson. He further stated although the
rents are lower a"guaraaiteed user" approach wou].d be
advantageous for Tharaldson.
Mr. Scheel stated explained Fairfield Inns have more square
footage than the originally proposed Heritage Inn and are
generally upscale. He stated this type of hotel is a fast
growing luxury budget hotel.
Commissioner Duggan expressed concern of denying a product to
the community, i.e, opening a hotel for the public and then
closing it for private use. Mr. Scheel responded the hotel
Planning Conunission I�Iinute�
August 24, 1993
Page 9
could start out as a limited hotel and the go open to the
public. In response to a question about room rat s, Mr.
Scheel stated roughly $44.00 for a single.
Mr. Scheel atated he has not received a letter of supp�
the Courtyard by Marriott. He stated he expects it to
soon and he would present it to the Council.
Mr. Scheel explained the color scheme to be blue and
He stated there will be a brick exterior up to eight fe
and then a material eimilar to stucco called driye
explained this product's life is very good. He
stated, barring damage, that not much maintena:
necessary. He stated they do not let their_ p
deteriorate as it poor business.
f rom
sent
creme.
;t ( 8' )
, . He
is
Mr. Scheel stated they do not want enlarge the e%trance
portico as it would be out of proportion. Chair Dwyer stated
the Fire Chief has stated the canopy is not at a�esixed
height. Mr. Scheel stated they could eliminate the ca o�y.
In response to a question from Chair Dwyer, Mr. Scheel
the height of the building meets all of the requirem
dictated by the City's Zoning Ordinance. He stated
height ia measured from the center portion of the roo
the roof exceeds the height limitations. Mr. Scheel
they could ask for a variance to the height or drop ;
4:12 pitch. He stated the gables would change but tha
would not be a noticeable difference unless the buil�
seen from above.
Chair Dwyer noted the Fire Chief's concern in having
capabilities in providing rescue functions and fire
procedures to a fourth floor resident/building-roof
Scheel responded the building will be built with rigid
requirements. He stated there will be a fire ap:
system.
stated
nts as
if the
' , then
stated
�ack to
. there
inq is
imited
attack
Mr.
safety
�inkler
Mr. Scheel stated that the current City Zoning Fire Orc�inance
allows the construction of a four story building. Helstated
the degree of risk needs to be discussed with the Fire Chief.
In response to a question, Mr. Scheel stated the sign detail
will be exactly what the Courtyard by Marriott has done except
the logo and colors will be different. He stated the would
like to consider signs off of I-494 like the Courty�ard by
Marriott. He stated they do not want a huge sign. �
Planning Co�nission I�i.nutes
AuguSt 24, 1993
Page 10
Mr. Scheel stated the sign will be placed to not interfere
with the Marriott signage. He stated there will be two signs
plus one on the buildinge
Mr. Scheel stated the drainage system has not changed
significantly from the previous proposal. He stated
Commissioner Tilsen has discussed his concerns for the
steepness in front of the parking lot. He stated he would
like to work out the grade to decrease the angle of the
driveway. He suggested.that may be a small committee could be
formed, i.e., Commissioner Tilsen, Revin Batch�,lder and
himself to discuss this issue.
Scheel stated the light fixtures tilt ten degrees and they do
not glare. He stated they are similar to what the City Hall
uses in their parking lot. He explained the lights wili be
shoe box style.
Scheel explained the building will be constructed to conform
with the noise ordinance . He stated they will comply with all
requirements for noise insulation.
In response to a queation from Chair Dwyer, Mr. Scheel
explained all doors lock from the outside. He stated they
will be using a card system which is a very effective form of
security. He stated it ia also a low maintenance item
compared to a key system. He explained there will be four
entrances with the side entrance accessed by a card. He
stated the main lobby will remain open and staffed twenty-four
hours. He stated there will be closed circuit television
monitoring the public areas. He stated they can provide this
type of security in the stair wells . Scheel also stated there
will be no security officers on duty.
In response to a question from Commissioner Duggan, Mr. Scheel
stated they will be complying with ADA requirements for
providing rooms for the handicapped. He also stated smoke
free rooms will be offered.
Chair Dwyer opened the meeting to the public.
There was no one present to discuss this issue.
Commissioner Duggan moved to close the public hearing.
Commissioner Tilsen seconded the motion.
1��5 a 4
I�1�7CS s 0
Planning Co�snission
August 24, 1993
Page 11
In response to a question from Commissioner Koll, Mr.
stated the exterior material used on the building is t
on the market. Commissioner Koll stated she would like
the roof a different color than blue. Mr. Scheel co;
and stated he would like to see shingles. He stated t
color proposed for the roof is ugly. He stated this c
used within the franchise. He atated he would prefer
shingles as they would be more of a muted blue colc
stated they would be of Tianberline c�uality.
tes
Scheel
.e best
to see
e blue
lor is
to see
. . Iie
Commissioner Duggan stated he would like to see th� ize of
the proposed pine trees upgraded. Mr. Scheel respond d that
the proposed landscaping is estianated to be roughly $90, 000 at
this point.
In response to a question from Chair Dwyer, Mr. Scheel stated
Tharaldson Enterprises operates the franchises. He e�lained
employees are hired locally except a manager may be bro ght in
from a different city. Mr. Scheel stated the �'�vin Cities
needs a diversity in jobs.
Mr. Scheel stated the project costs are roughly $2 mill
including land costs.
Commissioner Tilsen briefly discussed the roof heic
also questioned whether Mr. Scheel would be amer
allowing a 360 degree access to the building as sugg
the Fire Chief. Mr. Scheel stated the code allows f
side access. He further stated he will discuss 1
pitch, turning radius, etc with the Fire Department
City Council review.
not
. He
�le to
ted by
a one
: xoof
ior to
Commissioner Duggan suggested that a parking space r served
for emergency vehicles should be discussed. Mr. Scheel atated
there would be no problem with providing a spot just s long
as it does not conflict with the ADA rec�uirements.
Commissioner Tilsen stated he would like to work with Mr.
Scheel and City staff in solutions to the grade steepn ss and
drainage within the parking lot. Commissioner Tilsen stated
he ia confident the parking lot grade can be modified a d that
the ponding can be accom�nodated.
In responae to a question from Commissioner Tilsen, Mr.
stated the refuse will be enclosed and that it was an
in their part, to not include this item on their plan
Commissioner Koll moved to recommend that City Council
the Conditional Use Permit to allow a hotel within �
District with the following conditions:
Scheel
error,
nIn
Planning Coz�nission l�.inutes
August 24, 1993
Page 12
1. A letter from Courtyard by Marriott concurring with the
use and design of said project.
2. Revise grading plan to eliminate steep grades and provide
on-site ponding according to City Engineer rec�uirements.
3. Revise lighting plan to reduce glare.
4. Revise landscaping plan to include a hedge to screen the
parking facing Mendota Heights Road.
5. Submittal of sign plans which indicate conformance with
city ordinance requirements and adjacent development.
6. Confonn to Fire Nlarshal recommendations .�
7. Revise the entrance portico.
8. Revise the building height to a 4:12 pitch or rec�uest a
variance.
9. Revise the roof material to shingles of a muted blue.
Commissioner Tilsen offered a friendly'amendment stating a
fire hydrant on I-494 should be added if necessary.
Commissioner Koll accepted the friendly amendment.
Commissioner Duggan seconded the motion.
AYES: 4
NAYSs 0
�2ISCELLANEOIIS
Chair Dwyer thanked all individuals and companies who helpecl
sponsor the Celebrate Mendota Heights Parks! event in July.
VERSAL REVIE9�
Public Works Director Danielson provided a verbal review for
the planning items at the previous City Council meeting.
Plaraning Cc��ni.s�ion
AuguSt 24, 1993
�age 13
• , . �a; �r����,
There being no further busianess, the Planning
adjourned its meeting at 10a�0 o'clock P.M.
Reapectfu3ly submi�ted,
Kimberlee K. Blaeser
Senior Secretary
C�nutes
ian
,v-• ' tl
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
TQ:
FROM:
RE:
DATE:
M E M 0 R A N D U M
��ty Mayors and Administrators/Clerks:.•
Inver Grove Heights
Lilydale
Mendota
Mendota Heights
South St. Paul
S f'hLk
un is a e `��
West St. Paul
Joy Curtin, Administrative Assista�
NDC4 MEETING MINUfES
2 September 1993
Enclosed please find a copy of the minutes from the August 4, 199;
County Cable Communications Commission (NDC4) meeting which were
NDC4 Commission meeting on September 1, 1993. Please distribute
minutes to your city council members. "
If you have any questions regarding this memo or the enclosed mi
me at 450-9891.
/J
Enc.
Northern Dakota
approved at the
copies of these
please contact
r"
r a
NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION
' FUL�. COMMISSION MEEfING
August 4, 1993
The August full Commission meeting was called to order�by Chair John Lagoa at 7:15 p.m.
i. R�LL CALL - Members Present: Alvin Baelter, Ker� Henciersot�, Fiertry Hovey, John
Huber, Jodelle Ista, John Lagao, Ed Mullarky, John 0'Brien, Ron Rogosheske, and
Richard Vitelii. Msmbers Absent: �.ucille Callins, John �amey, and George
Tourvilie. Also Present: Liz Witt NDCTV President; Joy Curtin, Jodie Miller, Judy
Skeie-Vass, and Holly Yerigan (staff).
2. AGENDA - Motion 8.4.93.1 to aciopt the Agenda as presented was made by N. HoveY,
seconded by.R. Vitelli, and unanimously carried. -�
3. CONSENT AGENDA -
A. Minutes: Motion 8.4.93.2 to approve the July 7, 1993 NDC4 meeting minutes was
made by A. 8aeiter, seconded by J. Huber, and unanimousiy carried.
8, �ist af Ciaims� H. Yerigan presented the t�ist af Cla9ms for review by the
Commission. Motion 8.4.93.3 to approve the List of Claims for the period 7/8/93 -
8/4J93 was made by J. Ista, seconded by J, Huber, and unanimousiy carried.
4. REi�ORT FROM CANTINEFI'i'AL - No .representatives fram Continentai Cabievision were
were present to offer a repo�t.
5. OFFICERS' REFORTS - Q� behalf af the Commission, Chair Lagoo ihanked Hoi1y Yer3gan
for her dedicatian to her job a�d work she put in whi1e Executive Direc�tor o�F the
or-ganization over the past 4-1/2 years; he wished her �he best in her futu�e
endeavors.
6. . EDUCATTON CQO�tDINATOR'S.REPORT.- Education Coordinator, Jodie Miller,•reported
�that she is working ori a busirtess plan for Production Services. A draft of the
plan will likely be reviewed by an attorney familiar with non-profits and taxes.
�Market.research w3i"# be conducied in August during which potential clients
i�ncluding local businesses and non--profits will be contacted for their reaction tn
the variety of revenue-generating activities uncler consi@eration.
J. Miller reported on her attendance at the Alliance far Commu�ity Media (ACM)
conference recently held irt Atlanta, Georgia. The recurring theme was that access
centers must become more of a"community communications center" in order ta
survive. Technical systems capabie of interaciive communications are the wave of
the future.
Placing Mind Extension University (MEU) programming on the NDC system is currently
_ on ho7d. As stated at a previous meeting, MEU was wi 11 ing to provide the necessary
}' i;,
NDC4 Cortmission Meeting Minutes
August 4, 1993
Page 2 � �
hardware if both NDC and the St. Paul systems agreed to offer th
Some canfiict of interest may exist with institutions of highe� i�
Paul if MEU offers upper division course.s. Channel space may als�
NDC wi 71 wait for Cable Access St. Pau3 to get thei r systems estabt i
� the rearganization that has taken place before pursuing the issue �
� programming.
iarning in St.
a be an issue.
shec! fallowing
�ith them.
NDC school districts and private schoais have been natified of pot ntiai changes
that may take place in reducing ar eliminating the positian of the Education
Caordinator. A request for financial or in-kind support was made of hem; to date,
no responses have been received.�
At this point in.the meeting, an NDC subscriber was offered an oppartuni
the graup. Mike Rase presented his concerns over violence an television
to have the Cartoon Channel shown in the NDC area, The Cammission tharik�
his camments artd pointed out that pragrams t�n access channe7s refiect •
people that live within a cc�nmun�ty. They reassu�ed Mr, Rose that adding
aiways of �nterest ta the Commission and the Comntission cantinu+�s 1
negotiation with Cantinental on channel space. ' It was also explained
Continental Cabieuision has not requested an Ordinance Amendment req+
channels for other pragramming. Mr. Rase was reminded that it is po;
certain channels "locked out" sa programming on them cannot be readily a
7. G4VERNMEM' COORDINATOR'S RE}�RT - Government Coordinator, Jud
reported that she is gathering bids for installing remote control �
city ha11s.� S#�e hopes io have tha estimates in hand by early #
pragrams are being planned including a tawn meeting�with Senator Metz
knnual Safety Camp (spansored by area cities}, and a show focusinc
which will be produced by area recycling coardinators. Since ther
available to produce a cities-wide "'news show", it is hoped a live ca
be dane insiead. Taient fnr the show is being recruited at this pc
y to speak ta
��nd his desire
, Mr. Rose for
he variety of
�r�grart�ni ng i s
i be open io
that to-date,
;sting access
sible to have
0
Skeie-Vass,
�meras at the
.11. Several
,n�, the Second
on�recycling
: is no money
1-in show may
'nt.
J. Skeie-Voss reported an the Ailiance for Community Media Con�erence {ACM)
recently held in Atlanta. The impartance of access centers becoming mare things
to mare peopie in te�-sns of a cammunications resource centers was em�hasizeci. The
ability for people ta be able to access information on local events, libraries,
governmen��, � etc. fram thei r homes- wi 13 become more artd more importa�t. She � a1.sa
reported on a session she attended concerning American Disabiiit es Act (ADA)
requirements: lacal governments are nat required to provide signe s or ciosed-
captianir�g at the city meetings. However, they must pravide gave nment-reiated
information to all of their residents in some fortn. Tt is important for cities ta
contact the "under-served" popuiation af their comm�nities ta find ou haw they can
best be served.
8. SA�ES TAX OPINION & RES(?LUTIOiV - F�. Yeri gan reported that at the 1 as1
agreed that NDCTV could own equipment with the same restriction:
ownership of the building, if Legal Counsel concurred, Resolution
was prepared stating NDCTV can own their equipmertt asseis with the re�
they may not dispase of the equipment without NDC4 approval and in
dissalution, the assets wouid revert to NaC4. Motion 8.4.93.4 '
Resalution #08-04-93 (1) was made by K. Henderson, seconded by
unanimously car�zed.
Dl�£'�7f1� N�C4
as apply to
08-Q4-93 (1)
:riction that
the event of
� approve af
i. Ista, and
'NDC4 Commissian Meeting Minutes
August 4, 1993
Page 3 •
9. JOINT AOWERS AGREEMENT - H. Yerigan reported that the City of Mendota Neights
recentiy faxed comments on the Amended .ioint Powers Agreement. The comments are
substantive, and the NOC4 legal counsel has nat yet seen these comments. She
recommended d-iscussion of these comments be tabled to a special meeting in arder
to give the Commission and its legal counsel an apportunity to review the comments.
J. Ista registered concern over� accepting these conzments after the deadiine
established by legal counsel. It was generally agreed that the comments should be
reviewed. Motion 8.4.93.5 to table discussion of the camments to a special meeting
ta be held September 1st was made by R. Vitelli, seconded by J. Huber, and carried
with Jodelle Ista voting No. Legal Counsel wil"! be asked to prepare responses to
ihese comments for the meeting that wiii take piace one haur priar to the reguiar
September meeting.
i4, IXECt1TIYE DIRECTOR SEARCH - Chai r#.agoo reported ihat the Executive 1}i rector Search
Committee will meet on Monday, August 9th to discuss potential candidates and
establish a timetabis for hiring a new Executive Director. . '
11. EXECUTZVE flIRECTOR'S REPORT - N. Yerigan reparted there may be some disruption in
service on the access channels while equipment configuration changes take place at
Master Contra3 at Cantinental Cabievision.
H. Yerigan noted that in a 3etter f ram Cantinenta7, R, Coleman suggested
Continental no longer provide playback of progr-ams"for the NDC.area at no charge.
A foilow-up letter wi71 be sent to Gontinenta7 reminding of them of their
,: contractual obiigation, under the•MOU,-to provide•.playback .{7�� �p�i relieved
Continental of their access obligations.in exchange �for providing playback.)
The use of Channel 6 by Southview Gables for their vid�o security system continues
to be an issue, H. Yes-igan explained that by using the channe3 for the security
system, subscribers are not receiving the Channel 6 prog�amming which is in
violation of state 7aw. A coup3e of subscribers have compiained about nat �@lR�
abie to receive programming on Channel 6. The problem can be corrected by adding
equipment which would a11ow subscribers who rent at Southview Gables to have their
video security sysiem shown on a channel other than Channel 6. K. Henderson
painted out.�hat Conti.nental had ta ha�re taken.af.firmative actio� in order to allow
Southview..Gabies to use Chartt�el 6 for theiF video securitjr sysiem and� are,
therefore, in violatian of the Franchise Ordi.nance as well as of state law. It was
agreed that the issue must be resaived between Continenta"I and the owner of
Southview Gables and that NDC4 should notify Continental that they are in violation
of the Franchise Ordinance. (A letter has been sent to Continental from iegal
caunsei advising them of their abiigations under the �ranchise Ordinance.) The
Cammission agreed to wait for a �esponse from Continental to the letter from 1.ega1
Counsel before taking any further action.
The Annuai Repos�t to the Cities was mailed oui the end of July. iegislative issues
of concern to the Commission that will come up in the fall include retransmission
consent, rate regulation, and customer service, N. Yerigan prepared a list of in-
house items that wiii require action in the near future.
�
r
NDC4 Cortmissiun Meeting Minutes
August 4, 1993 '
Page 4 � ,.
Tautges, Redpath & Ca., Ltd. quoted a cast of $160 per month to pra�
services during an interim period before a new Executive Director
Cammission may wish ta cantinue with the•.services to year-end and a
evaivate the need to continue such services into the future. Mot•
authorize Tautges, Redpath & Co., Ltd. to provide accounting serv�
outl5ned in their proposa3 was made by R. Vite7li, secortded by
unanimously carried.
The draft Empioyee Paiicies have been reviewed by Legai Counse'
recommended the joint Executive Committees meet to discuss the pol
ta maintain equiiabie ireatment between employees af both organ
policies were drafted based on palicies of the City of Mendota
provides the payrol3 service for NOG4 and NOGTV. Particular atter
paid to issues that may affect NDC4 liabilities given the current I
The Praof-of-Performance Report has been completed and copies of �r
distributed to CcHnmissioners. The repart r�cotnmended no action ne
the Commission at this time. 8ecause the repat-t was provideti in su
frame, the consultant waived his fee. There were some minor incons
since Continenial has probably just campleted anather performance t�
have that proof-of-performance test reviewed ta see if the incons
been corrected. Discussion fo3lowed on the pros and cans of cond
review. Motion 8.4.93.7 to accept the Proof--of-Performance Report a�
you letter to the consultant for waiving the fee was made by N. Hov�
�. Muliarky, and unanimously carried.
�ide accaunting
is hired. The
t that time can
ion 8.4.93.6 to
'ces to NDC4 as
H. Hovey, and
12. NA1'QA CONFERENCE - H. Yerigan announced that the NATOA Conference
September 8- 12 in Orlando, The Cost to 8tte�id 1is appt"oxlmBteiY $i i
depending on ai rfare, Given �Ghe 1 imited budget, she recc�aunended 1
send one person to the NAiOA Conference wha can bring back infor
upcaming reguiationjlegislation issues. There should be enough mone
the budget to send as many people as possib7e ta the 7oca1 MACTA M
in the fall which will be another excellent source of infarmation a�
confronting regulatory agencies such as the Commission.
Argument ensued on whether to send anyone ta the NATOA Conference.
out that th��s`is a critica3 year regard7sig legislatian and issu�s of
to regulatory agencies. The role the national conference plays in
information of this type is major. It was counter-argued that b
severe cuts in the budget money cannot be made available for anyone �
conference. Motion 9.4.93.8 to pay for the hotel and conference re!
Ken Henderson to attend the NATOA Conference was made by J. Ista ar
R. Rogasheske. A roll-call vate was taken and the motion did rn
Jodelle Ista, Ed Muliarky, and Ron Rogosheske voting Yes; and
abstaining. Motion 9.4.93.9 ta pay for the hotel and conference re!
Lucille Gollins �o attend the NAT4A Conference was made by K. Henciei
by J. Ista, and not carried with J. Ista, Ken Henderson vating Yes.
, H. Yerigan
icies in order
zaiions. 'Fhe
Heights which
.ion shouid be
udget deficit.
: summary were
d be taken by
;h a late time
stencies, and
`st, NDi,'� GOtf�{�
stencies have
cting another
9 send a thank
�, seconded by
will be held
00 per person
he Cammission
�ation on the
remaining in
ni-Conference
vital issues
t was painted
major concern
disseminating
:cause of the
o attend this
istratian for
j secanded by
t carry with
;an Fianderson
istratian for
son, seconded
J. Ista stated that she believed the Commission was being neg igent toward
subscribers by not taking advantage of abtaining informat�on on legislative issues
offered at this conference.
'NDC4 Cortmission Meeting Ninutes
August 4, 1993
Page 5 .
13: UNFINISHED BUSINESS - H. Yerigan recbmmended the Commission send as many people
as possible to the upcoming MACTA Mini-Conference to be held September 17.
As a point of information, J. Ista noted'that there is often a misconception that
producers who use the access facility get everything free. Producers do spend
personal money,�` and one producer she spoke with claims to have incur�ed
approximately $7,000 in out-of-pocket expenses over seven years while producing
programs.
14. NEW BUSINESS - J. Ista asked if the Executive Director Search Committee was
considering applicants with fund-raising experience. H. Yerigan stated that in her
opinion and experience, it would be best to delegate a staff position to revenue
generating activity rather tha� sharing the job with that of being Executive
Director.
15. ADJOURNMENT - Motian 8.4.93.10 to adjourn the meeting was made by K. Henderson,
seconded by A. Boelter, and carried. The meeting adjourned at 9:30 p.m.
Respectfully submitted,
Joy A. Curtin
NDC4 Administrative Assistant
and Recording Secretary
� 4.�
1_ . �
CITX OF I�lEI�iDOTI� �IEIGHTS
1MENI0
August 25, 1993
T0: Mayor, City Council and City Administrator
FROM: Lawrence S. Shaughnessy, Jr., Treasurer
SUBJECT: Centre Pointe One Associates �'�✓'"
In 1985 the City provided Industxial Revenue financing
Centre Pointe One office buildings. The bonds were issu
time when interest rates were high (up to 12g). The bonds
be refinanced by the owners at a reduced rate. The attorr
the borrower have submitted the attached resolution which 1
reviewed by Tom Harte
City Resolution No. 79-10 requires two fees in connecti
the issuance of Industrial Revenue Bonds. The first is a
deposit of which any unspent balance is refunded to the bo
In this case we will have no publication expenses, and oi
expense should be the City Attorney review. I would re�
waiving this fee with agreement that our legal expense Y
directly by the borrower.
The second fee is
Industrial Revenue Bonds.
would be $17,200. At the
the borrower paid the full
refunding issues, I would
for this issue.
ACTION RE4IIIRED
or the
i at a
an now
Ys f or
s been
�n with
$2,500
rower.
r only
paid
for the City accommodation in �ssuing
As provided in the resolution, t�is fee
time the original issue was auth�rized,
fee, and in view of our past prac ice on
recommend that one half the fee be waived
Approve the fees as discuased and adopt Resolution 9:
RESOLUTION OF THFs CITY COUNCIL OF THE CITY OF MENDOTA Hl
MINNESOTA (THF� "CITY") AUTHORIZING THE ISSUANCE, SALE AND D]
OF THF CITY'S INDUSTRIAL DEVELOPMENT REFUNDING R�NUR
(CENTRE POINTE ONF� ASSOCIATES,PROJECT) SERIES 1993 (THE "B(
WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SH
PAYABLE SOLELY FROM REVENURS PLEDGfiD THgRETO; APPROVING TH$
AND AUTHORIZING THE EXECUTION AND DELIVFRY OF TH8 BOND
PROVIDING FOR TH$ SECURITY, RIGHTS AND REMEDIFS OF THE OWt
SAID BONDS.
LES:kkb
- A
IGHTS,
BONDS
DS") ,
LL BE
>RM OF
� AND
RS OF
r
�
CERTMFICATION OF MINUTES RELA7ING TO
$3,380,OQ0 INDUSTRIA� DEVE�OPtUIENT REFUNDING REVENUE BONDS
(CENTRE POINTE ONE ASSOCIATES PROJECT)
SERlES 1993
issuer: City of Mendata Heights� Minnesota
Governing Body: City Cauncil
FGnd� date, #ime and place of ineeting: A regular meeting� held on September 7� 1993,
a# 7.34 a'ctock p.m.� ai the City Hall, 1101 Victoria Curve, Mendata Hei9hts�..
Minnesota. � "
Attendance at the Meeting.
Present:
Absent:
Documents Attached:
Niinu#es of said meeting (pages}:
RESO[.UiiC1N NCf. 93-
A RESOLClT[ON OF THE CITI( COUNCii. 4F THE CITY OF MENDQTA
HEIGHTS, MINNESOTA (THE "CIlY") AUTHORIZING THE lSSUAN�E,
SALE AND DEi.IVERY flF THE C1TY'S INDUSTRiAI. DEVELOPMENT
REFUNDING REVENUE BONDS (CENTRE POINTE ONE ASSOClATES
PROJECT} SERIES 1993 (THE `BONDS"}, WHICH BONDS AND TNE
INTEREST AND ANY PREMlUM THEREC)N SHALL BE PAYABLE
SOLE�Y FRONi REVENUES Pi..EDGED THERETO; APPROViNG THE
FORM OF AND AUTHORIZlNG THE EXECUTlON AND DEWERY OF
THE BONDS; AND PROViDiNG FOR THE SEGURtTY, RtGHTS AND
REMEDIES OF THE CIWNERS i?F SAlD 80NDS
I, the undersigned, being #he duly qua!'rf'ied and acting recording officer of the public
body issuing the obiigations referred #o in the title of this certificate� certify that the
documents attached hereto, as described above, have been carefully compared v�rith
the originat records of said body in my tegal custody, from which they have been
transcribed; that said documen#s are a correct and complete transcript ofi the mrnutes
of a meeting of the governing body of said body, and correct and complete copies of
all reso(utions and other ac#ions taken and of a(! documen#s approved by the
governing body at said meeting was duiy held by the gov�rning body at the time and
e and was attended throughout by the members indicated above,
notice of such meeting given as required by law. .
to cail
my hand officially as such recording officer this 7th day of Septemb�r, 1993.
City Clerk
Councilmember offered the following resol �ion and
! its adoption� which motion was seconded by Councilmember _
' • • •
A RESOL.UTtC}N OF THE CITY C4UNC[� C3F THE C1TY 4F MENDOTA
HEIGHTS, MINNE54TA (THE uCITY") AUTHORIZING THE ISSUANCE,
SA�E ANQ DEl.lVERY 4F THE CITY'S INDUSTRIAL DEVEL.OPMENT
REFUNDING REVENUE BONDS (CENTRE POINTE ONE
ASSE�CtATES PROJECT) SERtES 1993 {THE "BONDS"),1NHiCN
BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHAL�
BE PAYA��E S{}�ELY FROM REVE[tiIUES PI.EDGED THERETC};
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION
AND DE�IVERY OF THE BONDS; AI�ID PROVIDING F4R TNE
SECURITY, RIGHTS AND REMEDIES OF THE OWNERS O� SAID'��
BONQS �
WHEREAS, ihe City of Mendota Heights, Minnesota (#he "City"j is a municipal
carporation and political subdivision duly organized and existing under the
Constitutian and Iaws af the Siate of Minnesota;? and
VIIHEREAS, pursuant to the Constitution and laws of #he State af Minnesota,
particularly Minnesota Statutes, Sections 469.152 to 469.165, as amended (the "Act"),
#he City is authorized to carry out ihe public purposes described therein and
contemplated thereby by issuing its revenue bonds to finance the cost of the
acquisition� renavation. construction, improving and equippfig of certain revenue
produang facilities to be located within its corporate boundaries or ta refund those
revenue bands previousty issued for such purposes, and is authorized ta errter into
revenue agreements made in connection therewrth and pledge those agreements as
securify for the payment of the principal of and interest on any such revenue bonds;
and
WHEREAS, the Company has requested the City to issue its lndustria!
Development Refunding Revenue Bonds (Centre Pointe One Associates Project)
Series i 993 in the aggregate principal amount nat #o exceed $3,380,4a0 to prav�de
funds to refinar�ce the outstanding principal amaunt af the City's $3,380,Oa0 tndustriai
Development Revenue Bonds, Series 1985 {Centre Pointe One Assoc�ates Project}
Series (the "Prior Bonds"}; and
WHEREAS, the City (aaned the proceeds of the Prior Bonds to Centre Pointe
One Association of Mendota Heights� a Minnesota general partnership {the
"Company'� to pay costs ofi acquiring, constructing and improving a building ta be
used as an educational and convention facility for the Company within the corpora#e
boundaries of the Ciiy (the "Project"); and
WHEREAS, the Ciiy conducted a public hearing with respect ta the Prior Bonds
after publication of notice at least fourteen days pr'sor to the date of the hearing; and
WHEREAS, the loan for the Bonds will be made pursuant to the terms
�oan Agreement dated as of September 1, 1993 {the "Loan Agreement" betvti
City and the Company; and
WHEREAS, the Bonds will be issued under a Trust Indenture dated as
September 1, 1993 {the "Indenture"} befween the City and Firsf Trust Nationai
Association (the 'Trustee'�, and are to be secured by a letter of credit issued
Bank National Association, or any subst�tuie letter af credit delivered in accorc
witti the terms of the Indenture (collectively� the "Letter of Credit"), and a pledc
assignment of certain other revenues, all in accordance with ti�e terms of the
Indenture� and said Bonds and the interest on said Bonds shall be payable sc
from the revenues ptedged therefar and the Bands shal! not constitute a debt
City within the meaning of any constitutional �or statutory limitation or con��
rise #o a pecuniary liabilityr of the Ciiy ar a charge against its generat credit or
powers and shall not const"rtute a charge, lien, or encumbrance, legal or equit�
upon any property of the City.
a
#he
First
and
�f the
or give
NOW, THEREF4RE, BE IT RESOLVED B?ti' THE C(TY Ct�UNCtL OF TH� CITY
OF MENDOTA HEIGHTS, MINNESOTA, AS FOLLOWS:
1. The Cityr acknowledges, �nds, determines, and d�ciares that the
refinancing o# the Priar Bonds furthers .the purpases of the Act.
2 For the purpases sei farth above, #here is hereby authorized the
issuance� sale and delivery af the Series 1993 Bonds in a prinapa! amount no# o
exceed $3,380,OQ�. The Bonds shail be numbered, shait be dated, shait bear i � ter�
at a rate or rates of interest not to exceed iiiteen percent �15°�) per annum, with an
initiat rate ofi interest nat to exceed four percent (4°l0} per annum� to be approv�d�
confirmed and certified by the Mayor, shall mature, shall be subject to redemption
prior to maturity, shail be in such form� and shaii have such other detai(s and
provisions as are prescribed in #he lndenture in the form naw an fils with the G' .
3. The Bonds sha!! be special obligations of the Gity payable solely
the revenues provided pursuant to the Loan Agreement, the Letter af Credi� a
funds pledged pursuant #o the lndenture. The Gitlr Counci! o# the Cifjr hereby
authorizes and directs #he Mayor and the City Clerk of the City (toge#her� the
"Offiaats"} to execute and deliver the lndenture by and between the City and tl
Trusiee and hereby authori2es and dir�cts the execution of the Bonds in acco
with the lndenture, and hereby provides #hat the lndenture shal! provide the te
canditians, covenants, rights� obligations� dutie� and agreemen#s of the Bondc
#he Cit�r and the Trustee as set forth therein.
A!! of the provisions of the lndenture, when execrated as authorized her�
be in fu(I force and effect from the date of execution and delivery thereof. The
lndenture shall be substantially in the form on file with the Ciiy, with such nece
and appropriate variatians, amissions and insertions as da not materially chan
other
and
shall
the
substance thereof, or as the Mayor and the City Clerk, in their discretion, shall
determi�e, and the execution thereaf by the Mayor and the Cify Clerk sha11 be
conclusive evidence of such determination.
4. The Officials are hereby authorized and directed to execu#e and deliver
ihe l.oan Agreement� the Placement Agent Agreement by and among FBS Investment
Services� Inc. (the "Placement Agent"), the Company and the City (the "Placement
Agent Agreement"}, the Remarkeiing Agreement by and among the C�i}r� the
Placement Agent, the Cornpany and the Trustee (the "Remarketing Agreement") and
the l.etter of Credit Custodial Agreement by and among #he City, the Campany, the
Trustee and NationsBank af �rginia, N.A. (the "Letter of Credit Custodial Agreement").
Alt of the provisions of the laan Agreement, the Placement Agent Agreement� the
Remarketing Agreement and the Letter of Credit Custodial Agreement, when executed
and delivered as autharized herein, sha�l be in full force and effect from the c�a#e af
execution and delivery thereof. The Loan Agreement, the Placement Agent
AgreemecitM the Remarketing Agreement and the Letter of Credi� Custodiai Agreement
shall be substantially in the forms on file with the City, with such omissions and
insertions as da not materially change the subsf�nce thereof, or as the Mayar and #he
City Clerk, in their discretion, shall determine, and the executian thereof by the Mayor
a�d/or Cify Clerk shall be conclusive evidence of such determination.
5. The Sonds shail be revenue obligaiions of the City the proceeds of
which shall be disbursed pursuant to the Indenture and the Loan Agreement, and the
prinapal of� premium and interest on the Bonds shail be payable sotety from #he
proceeds of the Bonds� the Loan Agreement and ti�e Letter of Credit.
6. The Trustee is hereby appointed as Paying Agent and Bond Registrar for
the Bonds.
?. The Officials are hereby authorized to eXecute and deliver, an behaif af
the City, such other documents as are necessary or appropriate in connection wi#h the
issuance� sale� and de(ivery of the Bonds, inciuding an arbitrage ce�ificate� and all
other documents and certificates as sha!! be necessary and appropriate in connection
wi#h the issuance, saie and delivery ofi the Bonds. �
8. The City has not participated in the preparation of the P(acemen#
Memorandum relating #o the Bonds (#he uPlacement Memorandum"} and has made no
independent investigation with respect to the information contained therein, including
any appendices thereto, and the Giiy assumes no responsibiliiy for the sufficiency,
accuracy or comp(eteness of such information. Subject ta the foregoing, the City
hereby consents to the dis#ribution of the Placement Memorandum by the Placement
Agent in connection with the p(acement of the Bonds.
9. Ail covenants, stipulations, obligatians and agreements of the City
co�tained in this resolution and the aforementioned documents shail be deemed to be
the covenants, stipu(ations, obligations and agreements of the Gity to the full e�ctent
�
authorized or permitted by law, and al( such covenants, stipulations, obligatior
agreements shall be binding upon the City. F�ccept as otherwise pravided in �
resolution, all rights, powers and privileges conferred and duties and liabilities
imposed upon the City by the pravisions of this resolution or the aforementior
documents shall be exercised or performed by such officers, board, body or ;
thereai as may be required or authorized by (aw to exercise such powers anc
perform such duties. �
No cavenant, stipulation, obligation or agreement herein contained or c
in the afaremeniianed documents shafl be deemed to be a covenant, stipulati�
obligation or agreement of any member of the City Council of the City, ar any
agent or emptayee of the City in that person's individua( capac�fy, and ne'�ther
Council of the Ci#y nor any officer or employee executing the Bonds shal! pe !
personatly on the Bonds or be sub�ect to any personat iiabi('�ty or ac�ountabi(ii
reason of the issuance thereof.
No provisian, covenant or agreement cantained in the aforemen#ioned
documents� the Bonds or in any other documer�i reiated to the Bonds, and nc
obligation therein or herein imposed upon the Gity or the breach thereof, shal!
constitute or give rise to any pecuniary (iabiliiy af the City or any charge upon
general credit or taxing powers. !n making the agreements, provisions, coven
representations set forth in such documents, the Ciiy has no� obiigated itseif tc
remit any funds or reven�es, other than funds and revenues derived from the
Agreemerrt which are to be applied ta the payment of the Bonds� as provided
and in the lndenture.
i 0. Except as herein otherwise e�ressly provided, nothing in this re;
or in the aforementioned dacuments expressed or imp(ied, is intended or shatl
construed to confer upon any person or firm or corporation, other tha� the Cit
owner of the Bonds issued under the provisions of this resolution� any right, re
or claim, legal or equitable, under and by reason of this resoIution or any prov',
hereof, this reso(ution, ihe aforementioned documents and all of their provision
intended #o be and being for the soie and exclusive benef�t of the City and any
fram time to time of the Bonds issued under the provisions of this resolution.
11. In case any one or more of the provisions o# this resolution, or of
aforemen#ioned documen#s, or of the Bonds issued hereunder shali for any re�
hetd to be illegal ar invalid, such il(egality or invalidity shall not affect any other
provision of this resolution, or ot the aforemeniioned dacumenis, or of the Bon�
this resolutian, the aforementioned documents� and the Bonds shall be constru
endarsed as if such iliegal ar invaiid provision had not been contained #�erein.
12. The Bonds, when executed and delivered, sha11 contain a recital iE
are issued pursuant to the Act, and such recital shall be conclusive evidence ai
validity of the Bonds and the regularity o# the issuance thereo#, and that ali ac#s
conditions and things required by the laws of the State of Minnesota relating to
and
to
._.,
City
by
its and
pay or
or any
being
0
but
and
at they
the
adoption of this resolution� to the issuance of the Bonds and to the execution of the
aforementioned documents to happen, exis# and .be performed precede�t ta and 'm
the enactment of this resolution, and precedent to issuance of the Bonds and
precedent to the execution of the afarementioned documen#s have happened, exist
and have been performed as sa required by law.
13. The officers of the City,�attorneys� engineers and other agents or
employees af ihe City are hereby a�athorized to do ail acts and things required of them
by or in connection with this resolution, the afarementioned documents, and #he
Bonds for the full� punctual and compleie performance of all the ierms. cavenants and
agreements contained in the Bonds, the aforementioned documents and this
resolutio�. tn the event that for any reason the Mayor or City Clerk of the City is
unable to carry out the executian and delivery of any of the dacuments or other acts
pravided herein, any member of the City Council af #he City shali be authorized to aci
in his capac�ty and undertake such execution ar acts on behaff of the Cit�r with fu(l
force and effect� wEzich executians ar acts sha1C be valid and b"rnd`mg on the City.
'I4. The Company has agreed and it is� hereby determined that any and aN
casts incurred by the City in connection with the issuance of the Bonds, whether or
not the Sonds are issued� shail be paid by ihe Company.
Adopted: September ,_, 'i 993
Mayor
ATTEST:
Gity Cterk
Upon ca11 of the ro!!, the vote o� said motion was as fo!lows:
Councilmembers:
1.
2.
3.
4.
5.
s,
7.
« l..: -. �. r
�
�
e
T0:
FROM:
CITY OF' NlEI�TDOTA �IEIGHTS
1�lENlO
ti
August 31, 1993
Mayor, City Council and. City Administrator
Lawrence E. Shaughrlessy, Jr., Treasurer
SUBJECT: Preliminary Tax Levy Reaolution and ��
Final Tax Levy for Street Light District
s
It is n�cessary for the City to adopt resolutions �
preliminary tax levy for 1994. The amount we levy at this t
be decreased, but cannot be increased following our tz
taxation hearing.
or our
Lme can
uth in
We can also adopt the final levy for our commerciallstreet
. light district. Based on the preli.minary. budget a d the
anticipated expenditurea, we have propoaed the levy as sho on the
attached resolution. A comparative copy has�been included o show
the current year final levy. -
We should also adopt our preliminary budget for 1994.
It is possible for the City to hold the Truth in T tion
hearing on December 7th. A subsequent meeting or hearing can be
announced at the time of the December 7th hearing. I sugge t that
if only minor changes are made at the December 7th hearing, hat we
announce December 8, 1993 at 5:00 P.M. as our subsequent earing
for final adoption.
ACTIpN REQIIIRED
Establish December 7th at 7:30 P.M. as the date for t
in Taxation Hearing, and adopt Resolution No. 93- , RF
APPROVING TENTATIVE 1993 LEVY COLLFCTIBLF3 IN 1994, Resolu
93- , RESOLUTION APPROVING FINAL 1993 TAX LBVY FOR
TAXING DISTRICT N0. 1 COLLECTIBLE IN 1994 and Resolution
, RFSOLUTION ADOPTING PROPOSED BUDGFT.
LFS:kkb
� Truth
)LUTION
Lon No.
�PECIAL
ro, 93-
Ka '
0
c��x �� ���� ��a��r�
��xo�a� �o�cs xgaa�r�soT�
It�SOLII'�IAIa �TO. 9 � -
RSSOLUTION APPROVING TENTATIVS 19�3 LEVY COLLLCTIBLE II�i 1994
�PHEREAS, the 1990 State Tax Levy Law recsuires the City o£
Mendota Heights to certify a tentative Tax Lev�r for the year 1994
prior to September 15, 1993; and
6�IiERE�AS, the Levy may be adjusted prior to December. 20, 1993
to an amount not to exceed the adopted tentative Levy. �
NO�P THSREFORF BE =T RESOLVSD that the City Coucnil adopt the
following tentative Levy for tax against all taxable property in
the City of Mendota Heights for collection in the year 1994:
199�
PRELI�2YNARY
General Fund $2,193,150
Emergency Preparedness 1,000
Fire Relief 16,900
Infra Structure Reserve 50, 000
Watershed District 10,000
Legal & Contingency Levy 72,000
Total General Levy
subject to Limitation $2,343,050
Special Debt Levies
MWCC Sewer Dept $ 30,000
Equipment Certificates 82,000
Park Bonds 320,000
Improvement Bonds 17,400
Total
Total Tentative Levy
Anticipated HACA Aid
449,400
�"2s792s450
465,160
Net Tentative Levy Certified $2,327,290
�E IT FIIRTHER RESOLVED that the Levy shall be amended
following budget hearings to reflect the adopted City Budget.
Y �
m
BE IT FIIRTHER RESOLVED that the City hold a public hea
Tuesday, December 7, 1993 at 7:30 o'clock P.M. for the pur
considering the proposed budget and levy with a second hea
be held at 5:00 o'clock P.M. on Wedriesday, December S, 199
Adopted by the City Council of the City of Nlendota Heights
day of September, 1993.
ATTEST :
Kathleen M. Swanson
City Clerk
CITY COUNCIL
CITX OF MENDOT�, FIEIGIi'I'S
By
Charles E. Mertensotto
Mayor ..
�ing on
ose of
ing to
s 7th
CITY OF' b�IQDO�A HEIGHTS
D�,iCOT� CO�T'�X, �IISNESOTA
R.ESOL��OI�T �TO. 93 -
RESOLUTION �#DOPT�IIC: PItOPOSED �UDGBT
�ERE�iS, State Statute requires City Council adoption
of a proposed Budget for 1994 on or before September 15,
1993; and
�REAS, the City Council hae received and reviewed the
City Administrator's proposed 1994 Budget; and -
�HBREAS, Coun.cil recognized that the Budget document
was�prepared on the basis of a Preliminary Levlr which will
be considered at public hearing on December 7, of 1993.
;
N0� TSEREFORE BE IT RESOLVED by the City Council of the
City of Mendota Heights that the City Administrator�s
Proposed 1993 Budget appropriates expenditures in a manner
consistent with service level needs and Preliuninary Levy
funding; and
• BS =T FiTRTHER RESOLVSD that Council hereby adopts the
Administrator's Proposed 1994 Budget dated ae the
Preliminary Budget for 1994, subject to amendment following
budget and levy hearings and adoption of a final Levy.�
Adopted by the City Council o£ the City of Mendota Heights
this 7th day of September 1993.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto
Mayor
ATTEST:
Rathleen M. Swanson ,�
City Clerk
Y �w
CITX OF �'�OTA, �EIGHTS
DARC}TA �OUI��Pg �+I���NESOTA
RESOL�g02�Y E�1'Oo 93-
RESOLUTION APPROVTNG FINAL 1993 TAX LEVY FOR SPECIAL
DISTRICT NO. 1 CflLLECTIBLE IN 199�
�SEREAS, the City af Mendo�a Heights has, by Resalut'on No.
87-91, authorized the levy of t�es with,in Special Tax Distr ct No.
1 for the purpose of paying operating costs af �he street 1 ghting
system established within said District; and �
WSEREAS, the Ci�y o� Mendota Heights has determined t at the
sum of $10,400 will be required in 1994 for the purpase of y�ing
such operating coats.
NO� THEREFORS 88 IT RESC3LVED that the City Council of
o£ Mendota Heights adop� the fallowing levy again�t a11
property saithin said Special Ta�cing Distric� No. 1
+t?�eratioa aad Maiatenanee Costs $10,000
City
able
BT IT FIIRTHER �SSQLVED �hat any ta�c �empt property wi� said
D3.etrict be billed for services at a comparable ra�e compu ed on
the Assessor's Market Value of such property.
8$ =T FIIRTSER RESOLVED that the City Clerk is
instz^uctad to transmit a certified copy of �his Resolutioa
Dakota Caunty Auditor.
Adopted by the Ci�y Council of the City o� Mendo�a Heights
day of September, 1993,
ATTEST:
Kathleen M. Swanson
City Clerk
By
CITY COUNCIL
CITY OF N'tENDOTA HEIGHTS
Mayor
8. Mertensotto
the
7th
�.
LIST OF CONTRACTORS TO �Fs APPI20VED BY CI'I'X COI7I�TCII,
�ei�i�CJlliJ�i� N w 1993
SVAC License
Thermex Corporation
General �ontractors Licease
Bremer Construction
�
September 7, 199;�
TO: Mayor and City CounciZ
CLASMS LIST SUMMARY:
2ataZ. CZai.ms
Significant C.Zaims
Dah�gren Snaralow
Holiday
Med Ceniers
MWCC
Winthrop Weinstine
UnusuaZ CXasms
Leagu� Mn Cit�es
Metro U}�pi res
Ryan Contr
Struek Irwin Paving
Twin City Garage Door
planning
gas
Heaith Ins
star�er
2ega1 fees
dU@S
rec prgram
mac area impr
seal coat
pw garage
y,5:�2
2,130
2,020
�8,449
.0,550
5,161
1,795
1,999
5,095
4,772
�
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Mendota Heights Police Department
MEMORANDUM
September 3, 1993
TO: Mayor and unc�l
City Admi '
FROM: Dennis Delmont, Chief of Police
John Maczko, Fire Chief
Subject: Joint Communications Study
The Mendota Heights Police and Fire Depariments request the city council authorize
expenditure of $965.00 to fund our share of a study to deternune the feasibility of a]
Joint Communications System.
it
County
For approximately two and a half years, a number of Dakota County police chiefs h ve studied the
possibility of developing a joint powers communication center within the county to rve the police
and fu�e functions. We have now been joined by all of the Dakota County chiefs, th Dakota
County Sheriffs Office and the Dakota County City Managers group in support of ' study.
� . ��
At present, there are six public safety answering points or communications centers s�
cities in Dakota County. This redundancy of equipment and personnel is expensive
continual need of upgrading and redesign. The idea of a joint power communication
new. It has been used in Anoka County for over ten years with great success. This
is particularly attractive to communities like ours who now depend on contract dispa��
another agency and, in essence, remain at their mercy in the areas of cost, quality an�
service. As well, a joint system would eliminate the dangerous situation of dispatchi
and fire departments on the same frequency as we do now. Addidonally, this type o
would build a closer working relationship between the Dakota. County communities.
Several years ago, we solicited informal bids for such a study and came up with a co
$50,000.00. As there were only four communities involved at that time, it became a
proposition just to study the question. We have now reached agreement with Dr. 70]
do this study for approxunately $25,OOO.QO. The difference in cost is due to the fact
has designed most of the systems in Dakota County and already has much of the info
needed to complete the study. Our group now includes all of the cities in Dakota Coi
county as well, therefore the cost will be spread across a broader base. (It should he
Fire Chief Maczko is in agreement with the proposal, but does not feel that Dr. DuBc
choice for the job).
�ving ten
nd is in
center is not
ype of system
.hing from
level of
.g both golice
system
; of near
expensive
i DuBois to
';�at DuBois
y and the
�ted that
is the best
�
The cost to Mendota. Heights woul
magnitude. The cost will be shared
County contributing a major share.
Recommendation
d be $965.00. This is extremely cheap for a study of this
proportionally by all the communities involved, with Dakota
That the city council approve the expenditure of $965.00 for our participation in this study and that
the mayor execute the appropriate dacuments.
s� . .. - 4'
CITY OF 1V�NIDO�A AEIGHTS
,� �•� � �;
Se�tember
TO: Mayor, City Council and Ciry .�dmirustra
FROM: 7ames E. Danielson, Public Worlcs '
SUBJECT: Boating on Roger's Lake
St. Thomas Academy has an Environmental Studies class that among other
Itogers I.ake. In the past the City Council �as granted the class a variance froua Or
an ordinance pmhibiting motorized boating on watex bodies within Mendota �ieight
them to operate a pontoon on the lake.
They have once again requested a variance for the 1993-94 school year (see
Ordinance 1201, wlrich is attached, is not pait of the zoning ordinance
has not been processed through the Planning Coanmission.
Review the requested variance and determine whether or not to grdnt the
1993
hings studies
inance 120fl,
and allowed
letter).
the rec�uest
�_ �
Ta: t�l�ndata H� i�jhts Gi t�• �Gaunc i 1
Frc�rr�: Jc�� Reym.�rrn
I�m th� ch�irpersan af the scienc� departm�nt at �t. Thc�ma4
fi�ca�dem�. Begi nn i r�g i n Sep�tember of th i s year �e �ui 1 1 �be off�r i rtg
a c t as�, i n ccz�p�r�at i�n w i t�� the Ciodge t�iature C�� ter } i n en� i r�,�r-
ment�l �tudi es . Th i��ci a�� ��i 1] t�e r�pen to �en i c�r stu�ents from the
Ac�demy. The pur�ra�e af ttr i� 1 ett�r i�. ta requ�s�t fr�m you a�ar i ance
from the law prohibiting mator�s on baats an �'ogers Lake.
The m�,i or facUs of th i s c 1 ass w i 1 1 be uuater - 1 aiCes, r i �►efis� y
creeks, wetlands, etc. We will use a pontaan boat, equipped �,vith an
ei ectr i c tr�ai i i r�g rnotor, t4 qatl�er water �nd t�attom s�mpl Es da tt�at �e
rr�a� c�r�duct sc i ertt i f i c anai ysi s an these �am�i es i n our i aboratc�r� . Nc�
m�t�e tha� eic�t�t peaple wi 11 be c�n th� brat a# �nY time, �11 �i 11 �v�a�r
1 ife jacKets and i wi 1] t�e ane of' the eight.
The tirnes we would b� an the laKe in the boat would be confined
ta the hour�s betwe�n ten and ane i n the afterr�aan anl y ar�d dur i n�
the tirne from �ept�mber 15 through Octaber 29. I Ma�� indicated �hE
spec i f i c dates at the bat �kom af tY� i s t e t ter ; nat al 1 of these w i 1 1 be
used a� weather and other factors wiii "sn;Fluence that decision.
I apprec i ate your tOR�I C��I'c�t� i 4!i of th i s propasal and am wi 1 1 i ng�
- to prov i cie xou �i th ��iY �dd i t i ctrtal i nform�t i Qn that ycau cv�u1 d requ i r+� ,
P0�'8I BLE [7ATES ST�JDENTS W i LL �E 01`J L(�KE ;
Sep� tetnber 1�, I7 a�i s��, �?, 2�'
Octaber 1. ?, ii, 13, 15a 19, 21, 25, 27, 29
Se�atemk�er 1 , i'�93
m
ORDINANCE NO. 1201
AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE OPERA
BOATS AND THE PROHIBITING OF MOTOR PROPELLED CRAFT WITHIN THE V
OF MENDOTA HEIGHTS AND PROVIDING FOR A PENALTY FOR THE VIOLAT
THEREOF. '
SECTION 1. No person shall navigate, operate, dock, anchor any'boat or wa1
upon any water or waterway within the Village of Mendota 'Heights except in ac
with the provisions of this ordinance and all other rules and regulations made a�
by reference .
SECTION 2. For the purpose of this ordinance, the term "person" shall mean c
firm, partnership, carporation or other combination of persons.
ION OF
LLAGE
ON
rcraft
hereof
person,
SECTION 3. For the purpose of this ordinance, the term "boat" or "watercraft" shall mean
every boat, houseboat, barge, vessel, raft, canoe or other watercraft used as a s pport in
or upon the water.
�+ SECTION 4. For the purpose of this ordinance,. "water" or "waterway" shall m I n any
creek, lake, drainage ponding area, swamp, marsh, drainage ditch, sump, canal, or
other accumulated standing or moving water.
SECTION 5. For the purpose of this ordinance, the term "motor boat" shall mea any boat,
canoe, water craft or other buoyant or floating object which is propelled by a ga oline, diesel,
electric,� steam or other type of inechanical engine.
�
SECTION 6.' No person shall operate or cause to be operated a motor boat uponlany body
of water within the corporate limits of the Village of Mendotn Heights.
SECTION 7. No person shall navigate, direct or handle any boat in such mann�
annoy, unnecessarily frighten or endanger the occupants of other boats or watercr
of persons in or upon any body of water within the corporate limits of the Village
Mendota Heights.
a
(1201)
as to
't, or
f. � "�
m
SECTION 8. All boats shall be•navigated in accordance with the rules and
. regulations of the Minnesota State Marine Laws, which regulations are hereby
adopted and by this reference made a part of this ordinance.
SECTION 9. No person shall be or remain in any boat or otherwise upon any body
of water within the City of Mendota Heights after 12:00 o'clock midnight nor
before daylight of the following day.
SECTION 10. Should any section, clause or provision of this ordinance be declared
by the Court to be invalid, the same shall not affect the validity of the ordinance
as a whole or any part thereof, other than the part so declared to be invalid.
SECTION 11. PENALTY
m
11.1 Any person violating any provision of this ordinance shall be guilty of
a misdemeanor and shall, upon conviction'thereof, be punished by a fine
of not more than Five Hundred Dollars ($500.00) or by imprisonment for
not more than ninety (90) da1s, or both.
R
}f
C
�
. �1201� 2
CITY OF 1VI�NDOTA HEIGHTS
. ;�.�. :�;
Septeffiber �, 1993
TO: Mayor, City Council and City Ad '
FRO1Vi: Klayton H. Eckles, Asst. City ' ee�
K1�c
SUBJECT: Friendly Iiills Feasibility H�g
Job Ivo. 9221
Lnprovement No. 92, Pro,�ect IJo. 6
DISCUSSION:
A hearing on the reconshvction of all the stc�eets in the Friendly Hills area is
for 7:45 P.M., �esday, September 7, 1993. Attached is a copy of the feasibility re�
be prepared to give a presentation of the feasibility report and the City Reconstru
Rehabilitation Policy at the hearing.
�tECONIlVIENDATION:
I wall
n and
I recommend Council conduct a public hearing to consider reconstruction of ' e streets
in the Friendly Hills neighborhood. Based on the a�sults of the public hearing Counc' ne�ds to
determine if the City should proceed with the project.
ff Council decides to proce�d with the pmject they should pass a motion
hearing and adopting Resolution No. 93 =, RFSOLUTION ORDERING IlVIPR(
AND PREPARATION OF PLANS AND SPECIFICATIONS FOR
RECONSTRUCTION AND REHABILI'�ATION IlVIP'ROVIIV�NTS TO SER'
FRIENDLY HILIS REA►RRANGIIVI�IT (IlVIl'ItOVEIV�NT NO. 92, PROJE
the
NO. �
City o� lbg�xacl�� �ei�hts
Dakota� ���a�a�91l�a�esota
RESOLLT'�'aOiV 1VOe 93-
RESOLUTION ORDERING IlVIPItOVIIViEN'� AND PREPAItATION O�
�LANS A1�TD SPECIFICATIONS k'()R S�ET �COI�TSTItUC�O1�T �1�TI�
RE�ABILI'�ATIOIV �ItO�TTS TO S��
FRIENDLX �LS �T;��I�ANGEIV�NT
(IlVIPItOV�T 1�ZOe 929 h�O�C� 11T0. 6)
WHEREAS, a public hearing was held on the 7th day of September, 1993, at 7:45 �.1Vi.
or as soon as possible thereafter, in the City �iall of the City of Mendota hIeights, Minnesota
pursuant to resolution duly adopted by the City Council of the City of Mendota Heights on the
question of the proposed construction of the following described improvements: �
The construction of stre�t improvements consisting of the acquisition of �aseements and
the grading, stabilization, diainage and bituminous surfacing, and the constivction of
concrete curbs and gutters and installation of storm sewers on the streets to be situated
in �he area hereinafter more particululy desc�bed.
WHEREAS, due publication of the notice of public hearing on said proposed
constiuctaoa has been attended to; and �
WHE�tEAS, mailed notice of said hearing has been mailed more than 10 days befoa�
the date of said hearing to the owners of each gaar,�l situated within the area �roposed to be
assessed, all ia accordance with the applicable Minnesota Statutes, and _
WHEREAS, the City F.ngineer reported that the proposed improvement and coa�struction
thereof were feasible and desirable and further reported on the proposed costs of said
improvements and conshuction thereof; and . :�
WHEREAS, the area pmposed to be assessed for said improvements is situated within
the City of Mendota Heights in Dakota County, Minnesota and is more particularly described
as follows:
. . 1:�1 � . I1. . � � _ � � : � �u1�1�M1
WHEREAS, the City Council thea proceeded to hear all persons interested ia said
impmvement and all persons were afforded an o�ortunity to present their views and objections
to the making of said improvements.
NOW THEREFORE, IT IS HEREBY ItFSOLVID by the City Council of the City
of 1Vlendota Heights, Minnesota as follows:
l. That it is advisable, feasible, ex�edi.ent and necessary that tbe City df Ivlendota
Heights canstruct the abov� d�ribed ia�pmve�ents, and it is h�a�by o er�ci that
said improvenient be made.
2. That the City Engineer be and h� is h�rehy auihorized and dia�ted �o pre�are
plans and speci�'ications fox sa�id ianpirov�ffient,
3. That said improvement shall h�r�aft�r be knawn and designated as
Na. 92, Project No. 6,
Adopteci by the City Cauncil of the City of 1Vd��dat� gieights this 7th day of Se�tem�r, 1993.
• t
� ! •-N �:� �•. �
�y
Charles �. 1Vl�rtensotto,
r:..��-.�
Kathle�n M. Swanson
City Clerk
�
���
CITX OE<' 1�ND0'�A FiEIGHTS
TOe Nlayor, City Council, City Administrator
FROM; Klayton He
and
Clayton A.
Eckles �L���
Engel
r •-
June 1, 1993
SUBJECT: Friendly Hills Street Reconstruction
Feasibility Report
Improvement 92-6, Job 9221
INTRODIICTION
The streets in the Friendly Hills neighborhood are 24 ye<
old. Of all the older country style streets constructed
the city, the Friendly Hills streets are among the worst
condition. The serviceable life for this ty�e of street
typically 20 years. Therefore a rehabilitation or
reconstruction project is warranted for the neighborhood.
in
is
This report will discuss the city's rehabilitation and
reconstruction policy, describe the proposed project, pr sen
poasible funding methods, develop a time line, summarize the
project and unresolved issuea, and give a recommendation
DISCIISSIOI�T
In 1992 the Cit�r Council adopted the Street Rehabilitati n
and Reconstruction Policye The puxpose of it was to hel
fund street reconstruction and encourage country style
streets to be upgraded to urban streets with curb and gu ter.
The basic concept involved using money from an infrastru ture
replacement fund to subsidize some of the costs of conve ting
from country streets to curb and gutter streets. The pr gram
has already been used to help the London/Downing neighbo hood
upgrade to the city's urban street standard.
The policy states that when it comes time for a country ;
street to be repaired, it is assumed it will be reconstri
as an urban street. Therefore this report will be prese�
as if all the streets in Friendl�s Hills will be,u�graded
at the public hearing there is widespread opposition, Coi
can always elect to alter or downscale the project. Sta:
did look at some downscaled options so that the proper l�
of infrastructure funding could be determined.
�roject Descrigtioaa
Thi� project would encompass both the First and Second
tyle
cted
ted
If
ncil
f
vel
Additions of the Friendly Hills rearrangement. Between
two additions there is over 3.5 miles of streets. Speci
ally the Friendly Hills First Addition includes Creek, H
Fox, and Aztec streets. The Second Addition includes
Decorah, Cheyenne, Apache, Mohican, Pueblo, Pontiac, Keo
Navajo, and Ocala streets. About 245 parcels and the ci
park would be included in the project area (see attached
drawing).
Upgrading of a country street to an urban design involve
more than just adding curb and gutter. Here ia a list o
some of the items necessar�rr to complete a full
xeconstructione
» Weak parts of the street are removed and replaced.
» Some widening of the street may occur.
.hese
ic-
» The old ditches are el.iminated and storm sewer instal�ede
» Drive�nray culverts are el.iminatedo
» Many driveways are partially rebuilt.
» The street is resurfaced with new blacktop.
•» Areas disturbed by the project are restored.
A rehabilitation project involvea only the repair of wea]
sections and the resurfacing of the black top. A total
reconstruction is up to four times the price of a simple
rehabilitation project. As part of this study, Braun
Engineering tested the strength of the soils below the
blacktop of every street in the neighborhood. There is <
1500 feet of street that needs to be completely replaced
whether we do a rehabilitation or a reconstruction proje�
t.
Installing curb & gutter in an existin� neighborhood can be
difficult. All the drainage patterns in the yards and
driveways of Friendlx Hills have been established; addin
curb & gutter will disrupt yards and driveways, which
contributes to the higher cost of a reconstruction proje te
Some areas of Friendly Hills will gain more from the cur]
gutter project than otherse Pontiac Lane is a street th�
will see great benefits from a curb & gutter project.
Portions of this street have black top aurfaced ditches :
the boulevard that are deteriorated and very unsightly.
the driveway culverts on Pontiac are inadequate and obso:
Other streets that don't have deep ditches or erosion
problems won't see as drama.tic an improvement from a com�
reconstruction project.
t
�&
,t
n
Also
ete.
�lete
Decorah Lane is a street in the project area that has a
unique statuso It is a thru-street that Council has sel�
as a candidate for designation as a Nlunicipal State P�id
stxeet . If we pass a resol.utiorx to declare Decorah as p�
of our 1vbSA system, then when the city constructs Decorah
i�ISA standards, NlSA will pay for most of the project cost�
:cted
to
1�fSA standards require that streets be constructed to a
certain minimum width. Currently the street is 30' wide
The city standard for urban streets specify 33' as our d sign
width. MSA standards will require a width of 38' for pa king
on both sides of the street or 32' for parking on only o�e
side.
Deciding if we want parking on one or both sides of the
street will involve consideration of several factors. �' rst,
it is always better to have parking on both sides. Howe er,
doing so means widening the street an extra five feet, w ich
will no doubt have opposition. On the other hand, if pa king
is only allowed on one side, neighbors on different side of
the street may argue which �ide the parking should be on
Conaidering our experience with this type of aituation o
Iy[arie Avenue between Delaurare anci Dodd Itoad, I would
recommend we widen Decorah from 30 to 38 feet (two feet f
curb and t�vo feet of black top on each side) . Recall o
Marie we had to offset the centerline to one side. This m
dri�ring awkward and pedestrians on the narrow side
uncomfortable e
Another issue Staff looked at on Decorah was the idea of
installing a pedestrian trail along the street. Since
Decorah is a collector street, it would seem to make sen e to
provide a pedestrian trail. But given the narrow right f
way and the fact that the area is already 100� developed,
installing a trail or sidewalk would be very difficult a d
disruptive, and would likely face considerable oppositio
from the neighboring properties. Again, Marie Avenue fr m
Delaware to Dodd serves as an example. This trail secti n
was expensive, had significant opposition, and it can't e
used in the winter due to the lack of boulevard for snow
storage.
One option would be to eliminate one parking lane and ins'tall
a 5' sidewalk instead. I think we would end up with a
marginal trail and an awkward street. I am inclined to
recommend we build the street with two parking lanes and
£orgo the trail. The eactra wide parking lanes would allo
sufficient room £or secondar�r pedestrian use. For estima�ting
purpose� I assumed Decorah would be built with two parkin�
lanes throughout the remainder of this report. �
There i� another aspect to the Decorah upgrade that shoul�i be
discus�ede Currently Decorah intersect� Dodd Road at a p�oint
�
r-.
that isn°t c�uite directly across from Wagon Wheel Trail.
This situation creates an intersection that is undesir
and potentially hazardous. Since there are no homes ne
intersection and there is extra right of way (because of
Trunk Highway 149), this situation could be addressed.
Decorah could be curved to the south to make a straight
intersection across from Wagon Wheel Trail (see attached
drawing). The cost to do this extra work would all be
covered by MSA moneye
the
In addition to the street construction, this project wil
require storm sewer construction as well. Since most of the
ditches will be eliminated, storm sewer must be installe to
take care of preci�itation run offe Storm water from th
streets would run in the curbs then into a catch basin a d
then storm pipe vaould carry it to a nearby pond, �
�roject Co�t�
A street project involving the
streets will be very expensive.
costs is provided here:
ITEM
reconstruction of 3.5 mil�s of
A summary of the proj ec�
Reconstruct Decorah (38' wide)
Realign Decorah intersection
Reconstruct rest of 2nd Addition
Reconstruct lst Addition
Install Storm Sewer ist Addition
Install Storm Sewer 2nd Addition
GIZ.AND TOTI�L
COST
$242,000
$25,000
$830,000
$232,000
$159,000
$233,000
$l, 72]L, 000
The total ex�ected cost to complete all this work ia
$1,721,000, including all engineering, overhead, and coni
�encies. If the pedway is also constructed, an addition<
30,000 should be added to the project coste This vaould
bring the total project cost to $1,751,000.
Pro�ect P'inancing
Financing a project of this size will require tapping se�
sources of funds. Municipal State Aid (MSA) money,
Assessments, and Infrastructure replacement money.
MSA will be available for funding the portion of this pr�
associated with Decorah Lane. According to the �
Reconstruction Policy, the money that is provided by MSA
should be put into the Infrastructure Replacement Fund,
in-
ral
ect
�
�-
the standard policy for asses�ments �hould be used to
determine the appropriate use of the MSA moneye
According to the Policy, the portion of the project cost
assessed to the property o�er� is the total cost of the
storm sewer, the cost of the new curb, and the cost of t]
overlay. The minimum amount assessed ia 50� of the proj�
COSt.
Ct
Based on the calculations above, the total amount assess�d as
part of this project would be $987,000. There are 245 s'ngle
family lots in the pro�ect area. There is also �ark lan
that must be included in the assessment calculations. T e
parkland equates to 18.13 lots. �
The City Policy states that the cost of a reconstruction
project should be split equally on a per lot basis excepi
unusual situations. In this case the per lot assessment
worka out to $3,750 for storm sewer and streets, assessa�
over 19 years.
Using the above procedure the city park land would be
assessed a total of $68,OOOe This cost could be covered
by Park funds, General funds, or Infrastructure fundse
All remaining costs after lvlSA and Assessments should be
covered by the Infrastructure Reserve Fund. Thus, the
Infrastructure fund pa�rs for widening, reconstruction,
blacktop, and restoration of dri�reways and yards.
The breakdown of�the funding for this project looks as
follows:
SOIIRCE
Municipal State Aid
Infrastructure Reserve
Park Land Assessments
Single Family Assessments
Total Funding
In addition, if the
$30,000 would come
fundinge
Tim� Lia��
r�U�.1� t+a
$300,000
$434,000
68,000
$919,000
$1,721,000
Pedway was added to the project, the
from additional MSA and Infrastructur
in
It would not be possible to begin reconstruction in 1993. If
we get an early start on the project this year, it would e
conceivable that the entixe 305 mile project could be
�
constructed in 1994. A possible time line is shown
TASR
Feasibility Hearing
Field Survey
Design
Bid
Construct
Assess
�ua�ma�
TIME
Aug-Sep '93
Oct-Dec '93
Jan-Mar '94
April ° 94
lvlay-Aug ' 94
Aug-Sep '94
The Friendly Hills neighborhood is in need of street
reconstruction. In order to reconstruct all the street
curb and gutter, add storm sewer, and upgrade Decorah t
standards, the estimated cost is $1,721,OOOe The fundi
would come from MSA, Infrastructure Reserve, and assess
The proposed assessment to each single family lot is $3
over a 19 year �eriod. The project could be constructe
1994 if design is started this fall.
There are unresolved issues regarding the designation
Decorah as an MSA street, Decorah realignment, the pe
and the park assessments:
As stated earlier, Decorah ia a candidate for MSA stat
it hasn't been designated yet. If we wish to �et MSA
funding, we should pass a reeolution making this desig
with
MSA
nts.
50,
in
but
ion.
The intersection at Decorah and Dodd Road is not ali�ned with
Wagon Wheel Trail on the other sidee This is potentiall
hazardouse Decorah could be realigned for $25,000 to ma e
this intersection function correctly. The cost for this �aork
would be funded by MSA. In the cost estimates for this
project it is assumed that uie complete this realignment.
It would be posaible, but very difficult and diaru�tive o
build a pedway along Decorah. Although it seems like a ood
location for a pedway, parking lanes on both sides of th
street would be less disruptive, more equitable to the
residents on either side of the street, and could provid
secondary usage to pedestrians.
The Friendly Hills, Friendly Marsh, and neighborhood par
must be included in the assessment calculation. The $68
must be funded by the City via park funds, general funds
infrastructure reserve funds. The latter seems the most
practical method.
000
or
�
RECOF�I�TD�ITIOItT
In that the Friendly Hill� Street Reconstruction Project
both tecYYinnically and financially feasible, I recommend
Council accept the report and order a Feasibility Hearin�
August 17, 1993e �I
ACTION REQIIIRED
If Council concurs with the above recommendation, Counc:
should pass a motion adopting Resolution 93-_, RESOLIIT:
ACCSPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON
PROPOSED STREET RECONSTRIICTION AND REHABILITATION `
IMPROVII�NTS TO SERVE FRIENDLY BILLS REARR.ANGII��NT
(IMPROV�T NO. 92, PROJECT N0. 6
is
for
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CITY OF 1�lE�TAOTA �iEIGHTS
September 2, 1993
T0: Mayor and City Council
FROM: Tom Lawell, City Adaninistra
SUBJFCT: Consider Adoption of Resolution Related
Mississippi National R.iver and Recxeation Area
INTRODIICTION
At our last Council meeting we discussed the Draft
hensive Management Plan and Environmental Impact Statement
prepared by the National Park Service for the Mississippi
River and Recreation Area (N�TRRA) . Copies of this p:
previously distributed to the City Council and the Natio
Service is accepting public coanments on the Plan through S
10, 1993.
On August 17th Council reviewed a memo and draft re
prepared by ataff intended to convey our comments and
relative to the Plan (see attached memo dated August 13th)
the importance of this issue, Councilmembers Koch and Smi
were asked to further research this topic and prepare a
resolution for Council consideration on September 7th.
o the
0
ional
were
Par]�
eanber
ution
,cerris
Given
and I
vised
On August 26th the three of us met to discuss this matter. t that
time we reviewed the positions taken relative to this slan by
several other affected jurisdictions, and we identifie those
elements of the Plan of most concern to Mendota H�eights.
Subsequently, the attached revised resolution was prepa�ed for
Council consideration.
�K•1„�„� �, � � . • ,
Councilmembers Koch and Smith and I recommend the City
adopt the attached resolution, and direct staff to forward
the National Park Service prior to the deadline for subani
public comments.
ACTION RFQIIIRLD
If in agreement with the recommendation, Council shoL
a motion adopting Resolution 93-_ A RESOLUTION CONIl�NTING
MISSISSIPPI NATIONAL RIVRR AND RECREATION AREP, DRAFT COMPRE
I�lANAGII�sNT PLAN AND ENVIRONI�NTAL IMPACT STATEMSI�]T, and
staff to forward it to the National Park Service prior
September 10, 1993 deadline for �ubmittal of public coa�nex
'ouncil
.t onto
tal of
.ct pass
ON THFs
iENSIVE
direct
to the
CITY OF �'NDOTA �EIGHTS
DAROT� CO�Xo �aNI�iESOTA
RES9�II'SI9Id h�T9 e 93 -
A RESOLIITION COb�NTING ON �'S� MISSISSIPPI NATIONAI,
RIVER AND RECREATIOId AREA DR.AFT CObSPREHENSIVE
M�iNAG�iT PLAN ANI) �lYIItO�TTAL IblP�CT S�'1siTED�NT
�PSEREAS, the National Paxk Service and the Mississippi River
Cooxdinating Commission are currently in the process of preparing
a Comprehensive Management Plan and Fnvironmental Impact Statement
("the Plan") for the Missi�sippi National River and Recreational
Area (NIlVRRA) , and •�
WSEREAS, the boundaries of the NINRRA include 72 miles of the
Mississippi River, approximately 2 1/2 of which are adjacent to the
City of Mendota Heights, and four miles of the Minnesota River, all
of which is adjacent to the City of Nlendota Heights, and
�BEREAS, the provisions of the Plan may serve to dixectly
impact land uses, public infrastructure improvements, and public
and private expenditures within our community, and
WHEREAS, the National Park Service has requested public
comments on the Plan from all affected units of local govera�anent
and other interested partiese
�BEREAS, the Plan focuses primarily on a"Proposed Plan" and,
in less detail, discusses three alternatives, identified as
Alternatives A, B and C. Consistent with the focus of the
document, the City's comments will deal exclusively with the
Proposed Plan.
NO�P THEREFOR$ BS IT RESOLVED by the City of Mendota Heights,
Dakota County, Minnesota, that the City supports the goals aet
forth in the Federal legislation rahich originally established the
NIl�TRR.A and is supportive of a balanced approach to the use and
development of the Missiasippi River corridor, recognizing the
importance of the economic, as well as recreational and environ-
mental attributes of the corridor. �
BE =T FURTSE�R RESOLVED that the City appreciates and
recognizes the efforts of the Mississippi River Coordinating
Commission and the National Park Service in preparing the Plan
which is currently before the public for comment. In response to
this request for comment, the City believes changes in the Plan are
necessary in the following areas:
1) In general, many sections of the Plan are writt�
very non-specific and vague manner which ma
accurate determination of the true impacts of the
Mendota Heights extremely difficult. These c
primarily relate to peranitted land uses and enviro
protection mandates.
2) The Plan encourages collaboration and cooperation
various units of government, yet bestows u�
Metropolitan Council and the Department of
Resources authority to interpret and enfox
provisions of the plan. The Plan further coa�te
the passage of State legislation which would usu�
land use control from local elected officials ai
municipalities to comply with the provisions of 1
as interpreted by the Metropolitan Council �
Department of Natural Resources.
Past experience indicates local elected offici<
done a commendable job protecting the Nlississip;
over the years and the need for additional t
government to become involved in the land use �
process through NIl�]RR.A is questionable. The role
two agencies is too atrongly stated throughout th
their involvement in land use matters should not
"veto authority", but rather as a"collaborative�
capable of providing tecllriical assistance to 1
local government. Within the guidelines of tt
land use controls should ultimately remain wit
governing units.
3) As described above, the Plan contemplates
legislation being passed by the Minnesota Legi
which would require cities to update their Compre
Land Use Plans to reflect the dictates of the NIlVR,R
Land owners within the community have relie
longstanding community zoning classificatiox
comprehensive planning efforts over time.
assurances given in the Plan to property owners, m
revisiona to longstanding community land use pl�
expose unita of government to future liability and
claims. Units of local government should not be
into assuming this liability, and should receive f
National Park Service a guarantee that citi
counties will be held harmless and not responsil
any defense costs and judgements arising fxc
claims. "
an ira a
kes an
Plan on
tal
mongst
>n the
'atural
e the
plates
� local
force
�e P1.an
id the
s have
Itiver
its of
these
Plan -
easa
rtner'°
lts of
Plan,
local
pecial.
lature
,ensive
► Plan.
L upon
a and
�espite
ndated
ns may
damage
forced
�om the
:s and
le for
t �uch
4) As required by the Legislation which established I�1ltltp,,
a financial plan to "pxodide and support the public
improvements and sesvices recommended in the P].an" is an
important element of the document. The current �ection
on financing does not adequately identify the many costs
which will be incurred by local governments in complying
with the provisions of the Plan. Nor does the Plan
address the ongoing maintenance and public safety issues
associated with new trail construction within the
corridor. This section of the Plan needs to be expandeci
to more fully anci accurately identify and deacribe the
true public costs associated with its implementatior�, and
clearly indicate the sources and methods by which these
costs will be financed. -�
B$ IT FORT�R RESOLVED, staff is directed to forward this
resolution to the National Par3s Senrice and the Mississippi Itiver
Coordinating Commission requesting a written response to the
concerns and objections raised in this Resolution.
Adopted by the City Council of the City of Mendota Heights
this 7th day of September, 1993.
CITY COUNCIL
CITY OF MENDOTA HSIGiiTS
By
Charles F3. Mertensotto
I�layor
ATTEST:
Kathleen M. Swanson
City Clerk
.► � � �
..-
CITY OF MENDOTA �SIGHTS
i,,. �::;�. •�
�
August 22, 19�
T0: Mayor, City Council, and City Adaninist
FROM: John P. MaCzko
Fire Chief
SUBJECT: Bid Award for Refurbishing of 2287
HISTORYz
At the July 20, 1993 meeting Council approved specifi
for refurbishing Truck 2287 that also included removal of
squrt device from the 1970 pumper and directed staff to ad
for bids. Since Council direction, bid specifications wer
advertised and sent directly to thxee apparatus manufactur
that have experience in refurbishing squrt equipanent. Sin
experience was one of the requiremerats in the specificatio
contacted Squrt Aerial Devices directly and asked them to
recommend three companies in the area. We sent copies of
specifications to Custom Fire Apparatus of Osseola, WI; Ge
Safety & Equipment, North Branch, NIl�i; and Pierce Manufactu
Appleton, WI. On August 20th bids were opened and the Cit
received one bid from Custom Fire Apparatus. While we wer
somewhat disappointed that we received only one bid, it is
surprise since the manufacturing of fire equipment is very
specialized and historically there have been a limited num
bidders in the manufacturing of fire apparatus. Custom Fi
Apparatus meets all the requirements that were set forth i
specifications and issued the following bid.
Base Bid
Alternate "A" - 1,000 Gal. Tank
Alternate "B" - Fully Enclosed
Rear Body Compartment
Alternate "C" - Replacement
Compartment Floors on 1970 Ford
Alternate "D" - Furnish & Mount
Squrt Boom Tip Light
Altemate "E" - Class A F'oam
Inj ection System
$129,380.00
$ 1,200.00
$ 1,600.00
$ 2,600.00
$ 650.00
$ 6,000°00
Custom Fire also proposed a sixth alternative, a sta
steel apparatus body as opposed to an aluminum body as sp
The cost for this alternate wa�. $4,500.00.
�3
:ations
.he
�ertise
;rs
;e
,8, WE
he
,eral
�ing of
� only
not a
�er of
�e
. the
iess
ified.
E
RECONIlKENDATION:
The truck committee has met and completely reviewed the
specifications and proposal froan Custoan Fire Apparatus. They
find that Custom Fire Apparatu� meets all the gualifications and
requirements as detailed in the specifications. Furthermore,
Custom Fire Apparatus is a reputable dealer. Our 1988 Pumper was
manufactured by Custom Fire Apparatus and the worlananship was
excellent. Many other departmentsin the State, including the
Cities of Eagan, Inver Grove Heights, Lakeville, Apple Valley and
St. Paul have had vehicles manufactured by Custom Fire Apparatuse
All of these cities have provided recommendations for Custoan
Fire.
The truck committee and I recoarnnend that the following
alternates be included.
Alternate "A" - 1,000 Gallon Tank for the 1970 Ford in the
amount of $1,200. As a requirement in the specifications, tlae
bidder was to eatimate the resale value of the 1970 Foxd if the
water tank were increased from 500 gallons to 1,000 gallons. In
compliance with the bid specifications, Custom Fire estimates the
value at resale of this 1970 Ford would be increased by $5,000
with the larger water tank. We concur with this, as well as some
of the research that the committee has done relating to market
ability of the equipment. The anticipated market for this�
equipment is going to be for a small rural fire department.
Rural fire departments, as a rule, do not have water hydrants so
the departments must bring in their own water. A pumper that
only carries 500 gallons of water will be of little use to a
rural department therefore, the coanmittee strongly recommends
that the 1,000 tank be installed on the truck.
The committee and I do not recoaranend that Alternate B or C
be taken. We do not feel that these changes will increase the
value of the vehicle by $4,200 when it comes to resale.
The committee and I recommend that Alternate D- Tip Mounted
Spotlight (on the end of the squrt device) be taken. The amount
for this device is $650.
The committee and I do not recommend that Alternate "E" be
taken. The committee and i feel strongly that we do need to have
foam capabilities but we do not feel that the expenditure of
$6,000 for this injection system to be installed on this device
will be practical.
The committee and I also recoananend that we take the bidder
proposed alternate which was the construction of the apparatus
body out of stainless steel instead of aluminium. This alternate
will add $4,500 to the price of the vehicle. The committee feela
this is justifiable for the following reasons:
In the Capital Equipment & Needs Plan this truck is n�
scheduled for replacement until the year 2009 (16 years).
going to the stainless steel option the manufacturer will
warranty the complete body and £tall response cab against c:
and perforation due to rust for a 15 year period. Without
this option the body will only have a warranty of 5 years i
the aluminum construction. By taking this alternative I b�
we can be fairly confident that the truck will be in bette:
condition for resale value at that time.
FIINDING:
During the development of the Capital Equipment Repl�
and Needs Plan and our presentation to the Council we est�
the cost for this refurbishing project to be $123,000. TY
actual cost of the equipment with the recommended alternat
would be $135,730; $12,730 more than was estimated. Cons�
that when this project ia completed, we will have a truck,
purchased new today, would cost $290,000. We still feel t
this a very economical decision.
AGTION RE4iTIRED s
If Council concurs with the reco�nendation of the tru�
committee, they should pass a motion awarding the contract
the refurbishing of Truck 2287 to Custom Fire Apparatus wii
base bid of $129,380 and the following alternates:
Alternate "A" - 1,000 Gal. Tank
Alternate "D" - Furnish & Mount
Squrt Boom Tip Light
Upgrade to Stainless Steel �ody
suggested by the bidder
Total Coatract Award
JPM: dfw
$ 1,200.00
$ 650.00
$ 4,500.00
$135,73A.00
By
taking
ue to
lieve
eanent
ated
s
ering
if
at
f or
h a
f -;
0
CITY OF I�IEIVI�O'�A IiFIGHTS
MEMO
Septeanber 2, 19 3
T0: Mayor, City Council and City Adminisf��rl�
FROM:
SUBJECT:
Guy Rullander, Pro j ect l�ianager
Bid Award and Approval of Change Orders Re
to the Public %Torks Maintenance Facility Fs
DISCUSSION•
In my memo to Council dated May 28, 1993, I budget
for bituminous work. The following two items fulfil th
item.
A. Change Order #4 R�ith Dahn Excavation
Install, grade and compact Class 5 crushed rock in
to receive bituminous surfacing: $6,255.48.
B_, Bid Award to Pine Bend Pavin�
Three firms submitted bid proposals to install the
surfacing: Pine Bend Paving $10,049.71
Daily & Sons $11,638.00
Ace Blacktop $13,587.00
,on
$18,000
work
1 areas
phalt
Some incidental preparation is required which will be bi�.led on a
time and equipment basis. �'l1e costs of the incidental w rk were
not used to determine the low bidder, but Pine Bend was ow in this
category also. The bid is based on unit prices so the f'nal amount
will vary from the above "base line" bids.
ADDITIONAL CHANGE ORDi3RS FOlt WOR1C BLYOND ORIGII�TAL
Change Order #5: Dahn Builders, Ir�c.
a. Repair north block wall of existing building
b. Poured insulation for new block-walls
c. Patch "Knock-Out" opening in existing building
to new addition
Budget for these items was $3,000.00
$980.00
$710.00
$500.00
$2,190.00
t� �
Chanqe Order #6: Witt Miller Roofin�
Install tapered insulation over office portion of existing
building (which is currently flat and does not drain) for the sum
of $1,846.00. Contingency £unds will be used to cover this
expense.
Chancre Qrder #7: Rlamm Mechanical
Increase water main to building for fire sprinkler system from
4" to 6" $1,448.78. Contingency funds will be used to cover this
eacpense .
�hange Order #8: Rlamm Mechanical
Relocate exiating LP gas line from outside tank to existing
building $2,800.00. -
Budget for this item was $3,000.00 I received a highe� bid of
$2,950.00 from Cool Air Mechanical.
Change Order #9: Cool Air Mechanical
Natural Gas Piping: Connect to existing gas piping,
coordinate gas meter change out, run gas piping inside building per
plan, make final connections to five (5) heaters and one (1) make
up air unit on roof and,pressure test $3,380.00..
This item was "overlooked" during the bidding. F�.nds to come
from contingency. I received a higher bid from Rlamm Nlechanical
for $4,860.00.
Change Qrder #10: Carlson Fire Protection Ca.
Install wall post, additional check value and two additional
heads as per request from Fire IKarshal and Fire Chief $1,404.00.
Budget for sprinkler system was $30,000.
amounts to date approximately $25,000.
ADDITIONAL SIDS FOR COIII�iCIL CANSIDLRATIONs
1. Caulking (Budget Estimate 52.000)
Total contract
I received two bids for the caulking of control and expansion
j oints :
Droels Caulking Co. $ 596.00
Jansco Caulking $1,520.00
I awarded the contract to Droels Caulking. Work has been
completed. Still to come will be a contract for Fire Stop
Caulking.
� '-
0
2. Waterproofing (Budget Estimate 52,000)
Time was critical to coat the. repaired north blockl
exiting building so backfilling could occur before "next
I hired Waterproofing, Inc. to do this work for $120e00�
wall of
: rainfall. °° e
Future work required will be coating sandJsalt sto age walls
with protective waterproofing ma�tic. Several bids rail be
solicited for this work.
3. Soil Testing (Budget Estima.te 52.000)
Soil compaction testa were performed by Twin City
$943.00. No additional compaction tests recsuired. -•
Tests for soil contamination around the fuel tanks
on August 31st. Costs for testing and analyses will be
approximately $1,000.
sting for
re talcen
We have received a billing for consultant services for the
anonth of July in the amount of $331..45. Previous bil.li reoluesta
for this item total $1,006e46e
RECON�lENDATION •
I recommend Council approve change orders #4 thru
approve and award bids to the low bidders for the vari
iteans .
�T������Ii��
If Council so desires they should accept the low bi�
following contracts and direct staff to isaue purchase o:
the following amounts:
1. Pine Bend Paving $10,049.71
2. Droel's Caulking $ 596.00
3. Waterproofing, Inc. $ 120.00
and approve the following change orders:
Change
Change
Change
Change
Change
Change
Change
Order
Order
Order
Order
Order
Order
Order
#4
#5
#6
#7
#8
#9
#10
Dahn Excavating
Dahn Buildera
Witt Miller Proofing
Rlamm Mechanical
Klamm Mechanical
Cool Air Mechanical
Carlson Fire Protection
$6,255.48
$2,190.00
$1,846.00
$1,448.78
$2,800.00
$3,380.00
$1,404.00
and
work
for the
rs in
CITY OF MENDOTA HEIGHTS
���'�� ; ���
7uly 28,
TO: Planning Comanission
F�ZOM: �'�es E. D' �d K�vu► Batchelder
�blic Wor r Administaative Assistant
SiJBJECT: Case No. 9317: Deeb Wetland Permit
Historical Review of Willow Creek
INTRODUCTION:
At their July meeting the Planning Commission tabled a wetlands application
Deeb to allow time for staff to research some of the lustory of the creek near his pt
LOT 2 ffiSTORY:
I.ot 2 is the large lot located immediately south of 7ake Deeb's lot that co:
Creek and its intersection with Pine Creek (see attached map). In 1983 Mr. 7ack Call
owner of Lot 2, Willow Springs Addition worked with the City to develop a plan to
lot into 3 new lots. Appmval of this plaa included consideration of the wetlands pe:
for the pmposed homes and creek relocation, variances to fmnt yard setbacks for the
and filling of the lots. The appropriate public hearings were held by the Planning Co
City Council which many of the neighbors attended and participated in. Notice was pt
City's o�cial newspaper and Mr. aad Mrs. Douglas Schmidt, owners of Lot 1 at �
Deeb pmperty) were notified of the hearings (received mailed notice, attached)
comments that were recorded in the minutes. Council approved Mr. Callahan's plan
taken by the City to move the Creek(see attached resolution). Mr. Callahan felt that
for moving the creek were too lugh, so abandoned the pmject and donated the lot t
School as a tax evrite-off.
IVir. 7ake
d garage.
ains Willow
ian, tlien the
ubdivide the
uts rec�uired
omes, a plat
�mission and
lished in the
� time (now
ut made no
�d bids were
ie bids were
Brady �iigh
Brady High School then sold the lot to a developer, Mr. Mike Mickelson, ' 1986. Mr.
Mickelson met and negotiated with the City Council to develop the lots according the Callahan
approvals with some changes (see attached Developer's Agreement). Mr. Mickelso granted the
necessary drainage easements and the City relocated the creek in 1987. Mr. Micke n has taken
no further action to develop the lots since the ca�eek a+elocation.
LOT 1 GARAGE WETLANDS PERNIIT:
Mr. I3eeb was before the Planning Commission on 7uly 27, 1993 reques ' g a wetlands
pernut for a proposed garage to be constructed to within 36 feet of Willow Creek d 41 feet of
Pine Creek. Both of these creeks or drainage ways appear on the City's Wetlands O' ance Map
and therefore require permits for any construction or land alteration within 100 feet � f their center
line (see attached coPY) •
Willow Creek was relocated by the City in 1987 however the proposed garag is within 41
feet of Pine Creek and would still have required a permit had the City not relocated illow Creek
in 1987.
Since the July Planning Commission meeting, Steve Kemik, Dakota Caunty Soil & Water
�onseXvation District, visited the site�at 1VIr. D�ela's a�uest and submitted �he attache,d �ettea�
s�utllinning �as fia�clin�s.
VARIANCE AND CQNDI'I'IQNAL �TSE PF;Rl1��:
If Mr. Deeb is not able to satisfy the City that his existing garage will be elminated, he will
need to apply for a variance to the City's limitation on having only one garage, and far a
Conditional Use Permit to have an accessory stiucture in exeess of 144 square feet. �eas� see
attached 7u1y 29th �etter to IV�r. i)eeb.
ACTIUN REO[TIRED•
Review Mr. Deeb's wetlands permit application and his design p%posal for eliminating his
e�sting garage and determine if he needs to �ake application for a variance aud conditional use
permit. Shauld it be determined that NlGr. De�b ne�ds a variance and a canditionai use permit, the
ivetlands permit apglicatian should be tabled and b� considered with those new requests, If he can
adequately assure the Planning Cammission that he is removing or eliminating his eacisting garage,
then the Planning Commissian needs to make a recommendation to the City Council on the wellauds
pernut request.
August 10, 1993
DAKOTA COUNTY SO/L AND V�ATER
CONSERV,AT/ON D/STRlCT I
Jake Deeb
1780 Dodd Road
Mendota Heights, MN 55��$
Re: Wetland Determinations
Dear Mr. Deeb:
Farmington Professional
821 Third Street
P.O. Box 129
Farmington, MN 5502�
Phone: (612) 460-8004
FAX: (612) 460-8401
This letter is a follow-up to the meeting we had at the
above address on August 4, 1993. You had requested that
come out to your property and determine whether or not
wetlands as defined by the Minnesota Wetland Conservatio
Act of 1991 (WCA) were present on, or adjacent to, your
As you know, the WCA defines a wetland as an area that
three criteria: 1) it must have hydric soils, 2) it mu
have a predominance of hydrophytic vegetation, and 3) i
must have wetland hydrology.
There were two areas in question: 1) the south boundary
your property, and 2) a depressional area running north
south through approximately the center of your property.
Southern Boundary
As you explained to me, at some time in the past
(approximately 1987), the City of Mendota Heights alte
the stream channel which flows to the west in the area
of your property. The alteration resulted in the stre
channel being moved closer to your home. This then
apparently put your home out of compliance with a City
ordinance which regulates the distance of structures f
wetlands.
Building
I
ot.
From the standpoint of the Wetland Conservation�Act of 991,
the movinq of the stream channel made no difference in e
wetland boundary. The area south of your home has serv d as
a drainage swale for many years. The soil in this area is
Rato silty clay loam, a hydric soil which developed ove
time. The entire swale area contains hydrophytic
vegetation, and the stream provides the wetland hydrolo .
AN EQUAL OPPORTUNITY EMPLOYER
�
page 2
J. Deeb
August 10, 1993
In my opinion, moving the stream channel simply rerouted the
main water flow through the same wetland complex. The
actual wetland boundary probably has remained the same. I
would estimate that the wetland boundary as defined by the
WCA is very close to your southern property boundary.
North-South Depression
The second area we looked at was the depressional area
through the center of your property. Although this area was
probably at one time an open ditch, the water is now
channeled through a culvert. The area over the culvert has
been backfilled, qraded into a-small swale, and lawn gr•asses
have been planted over the area. .
In our opinion, this area is not a wetland. It meets none
of the three criteria for wetland as defined by the WCA.
The soil is not hydric, there is no hydrophytic vegetation,
and the existence of the culvert has removed the source of
wetland hydrology.
In closing, I should mention that these determinations are
based on the manual referenced in the WCA, which is the 1989
Federal Manual for ldentifying and Delineatinq
Jurisdictional Wetlands. The City of Mendota Heights is the
designated governmental unit for administering the WCA, and
as such, is free to adopt stricter wetland regulations if it
so desires.
I hope this information is useful to you. If I can be of
any further assistance, please contact me.
Sincerely,
��
Steve Rernik
IIrban Conservationist
cc: Jim Danielson, City of Mendota Heights
s
0
January 9, 19$4
NOTICE OF HEARING ON APPLICATION FOR WETLANDS PERMIT AND
COATDITiONAL USE PERMIT F'OR FILL
TO WHOM IT MAY CONCERN:
NOTICE i.s hereby given that the Planning Commission of the City oi
Mendota Heights wiZl meet at 8:00 o'c].ock P.M. on Tuesday, January 2�,
1984, in the Gity Hall Council Chambers, 750 South Plaza Drive, Mendo��
Heights, Minnesota, ta consider an applicatian from Mr. John Callahan f
a wetlands permit and a conditional use permit to place fi11 on the
following described property: •�
Lot 2, Wi1.I.aw Springs Adda.tian
More particnlarly, this property is located on the northeast corner of
Dodd Road and Marie Avenue.
This notice is pursuant to Ci.ty of Mendata Heights Ordinance Numbe
402 and 40].. Such persons as desire to be heard with reference to the
proposed wetlands permit and conditional use permit f or fill will be he
at this meeti.ng.
Orvil J. Johnson
� City Administratar
. ,_
January 25, 1984
NOTICE OF HEARING ON APPLICATIQN FOR WETLANDS PERMIT AND
C4I�IDITION,AL USE PERMIT FQR FILL
T4 WHOM IT MAY CONCERN:
NOTICE 3.s hereby given that the Ci�y Council of the City of Mendota
Heights will meat at 7:34 o'�cZack P,M., on Tuesday,.Februar.y 7�h, ].984, 3n
the City Ha17. Council Chambers, 750 South Plaza Drive, Mendota Hei.ghts,
Minnesota, ta consider an application fram M�r.. John Callahan for a wetlands
permit and a conditional use }sermit to place fill on the fallow3ng�des-
cribed property: . . '
Lat 2, Wi1.1.ow Springs Additian
More particularly, th3.s praperty is Zocated on the norCheast coxner of
Dodd Road and Mar3.e Avenue.
This not3ce a.s pursuant ta City of Mendota Heights Ordinance Numbers
402 and 40I. Such persans as desire to be'heard with reference to the
proposed wetlands permit and conditional'use permit far f311 wi1,1 be heard
at �Chis meeting.
Ka.thleen M. Swaason
CiCy Clerk
� •-
CZTY OF' �SENDCJTA HEIGHTS
Dakata County, Mittnesota
RESOLUTION NO. 77-24
RE50LUTZON APPRtJVING WETLANDS PERMIT AND
ATTACiiiNG C4NDZTIONS TFIERETO . ,
WEiERF..�, a natuzal cl�rainagewayjcreek flaws through �he sauth
of Lot 4, Willow Springs Additiont and
WHEREnS, $a3.d Lat 4, Willow Springs Aadition falls within a
District as del.ineated on the City's Wetla:nds Mapj and
.,
Wt�REAS, Mr. 7�a�wzence Gaff has .submit�d an a�,aplication far i�
Pezni3.t prepara�ory ta'aonstructing a residence an sai.d proge rty= �
WF�RF.A.S, on March 22, 1977, the Msndatat 8eight�aa Planni�g C
considered said Wetlands Pernd.t applica�i.on �nd reaa�aended its
subjeat to conditi.ons outlined by the Cit� Planners
NO�W R�REF'ORE IT IS HEREBY RESOLVED by the City Cauncil o£ tise ity of
Mer:data Heiqhts �hat the pvblic heaaring for sai.d pezmit app2icati.on, as
rsqvired by the Wetlands Orciinance, be waiv�eds and
HE IT FiTRTHER RESOLVED, that a Wet].aads Pe�it be approved for
Willow Sprittgs ,A�ddition, subject to submissian ta and approval of t
followin:g infozinatian by the Ci.ty A+dmiaistrator: '
m. Site topogzaphy f.nformat.ion with contour iaterval.s of
twa faat, ncting the highest knawa water Ievel of the
creek� . .
b: Sit� plaa �howing the limi.ts oE grading, extent af
veqetati.on remaval and manner in wh�.ch excavation is
gaing to be diaposed aff
c. Plan to control erosian during constxuctioa. Pc►ssibly
inc2ud�nq te�sarary stabilizatiea� o� the disturbed soil
by nse o� aac�oxed stra`t n�nl.ch in the event that
establisin�ent oi a permanent qrouacl vav�er 3s nat practi
iu the event that � drain swale is created or exists ua
the stravt bales should be p].ai.ced alang the awale priar
water discharqinq into the receivitig drai•tu�gewayf creek.
4r
r
BE ZT FIIRTHER RESQLVII�►, that a ten �oot variance from the frant ard
setback requirement (established buildinq linej is.hereby granted ia rder
to allaw cans�rua�.ian of a residence six�y feet from the trant prope line=
and -
X��
',"�1
�
� f
iZesolutzon No. ?7 -2- � ~ -
BE IT FURTHER RESOLV�D, that at such time as the owner of the property
cantiguous �o the westerly line of Lot 4, Willow Spzings Addition zequests a
building permit, a variance be granted to•allow construction of a resiflence
fifty £eet fran �he fron� property line.•
Adopt;ed by the Gity Council of.the Ci.ty of Mendo�a Heiqh�s this 5th day of
April, 1977. "
0
C2TY Cl7UNCIL
CZTY ()F N[ENDOTA I�IGHTS
By
��r���� ��� `
Rabert G. L4ckwc7od •
Mayor .
�
DEVELOPER'S AGREEMENT CONGERNING LAT 2, WILLQW SPRINGS ADDITION
SECTTON 24, T28N, R23W, MEND(}TA HEIGHTS, MINNESOTA
This agreement, made and entered inta this �'.I day of �l! �_�:
1986, by and between the City of Mendota Heights, Dakata County, Minnesata,
(hereinafter called the "City") and Mike Mickelson, Mickelson 5peciaities,
2502 Taylor, WhiCe Bear Township, Minnesota SS110, (hereinaf ter called Che
"Develaper").
WITNESSETIi:
WHEREAS, Developer praposes a lot �}ivision for single family dwellings
i.n Mendata HeighCs ta be known as j�sljflGlrl,�"'-�'�,CJl.s-TfS' consisting af
three lots on approximatel.y 1.46 acres located in the NorCheast corner of
the iatersectian of Marie Avenue and Dodd Road gresen�ly knawn as Lot 2, -'
Willow Springs Addition; and " �
.
WHEREAS, it 3.s the inten�ion of the Developer to cause filling and
grading of the lots, and ta iaake the area ready for sale as single farai],y� �
lots. �
NOW THEREFORE, iC i.s hereby agreed by and beCween the two parties as
f ollows : �
.1. Gradiny� and Fi11inQ
Developer agrees to fill and grade the.plat�ed area in accordaince with
the Grading Plan as prepared by Griswald and Associates da�ed May 14, 19$6
and attached hereCo. In the grading and fil2ing of the area, measures shal3.
be �aken to prevent any deleterious results on adjacent proper�y. Topsoil
sha3.1 be glaced on all disturbed are�s upon camgletion of grad�g. Seeding
or sodding shall be accomplished to establish a cover of vegetaCion as soon
as passible after grading. .
The developer and his agrent sha13. use extre�ne care during the grading
pracess (whi.ch includes proper timing o:E restoration, seeding and erosion
contral) ta protect and maintain existiag:
a. Private land characteristics;
b. Public l�and characteristics;
c. Public investmen�s such as sewer, watermains and street surfacing
facilities,
Erasion control measures, as direcGed by City staff shall be used ta
prevent Che erosion of any of Che f�.�.l from enteri.ng the creek.
Any de�eriaratian•af adjacent property ar the creek due to erosian,
1Cing, soi�. deposiC3.on or degradaCion sha11 be corrected immedia�ely upon
�irection from the Public Works Directar.
2. Setbacks w
Setbacks, as recommended in staff report dated February 2, 1984 for
bath wetlands and front yard, will be adhered ta unless changed by appraved
City Council variances.
3. Timetable
The Develaper shall submit an escraw deposit or a letter of credi�. in
the amount of $3,000 to be ret�ained by Che City ta insure good faith per-
farmance. The escrow or letter of credit will be re7.eased to Che Developer
one year after final grading has been completed and a final inspection has
been performed by the Public Works Director and any Eaults corrected.
.
4. Easements • '
Easements as indicated on the grading and drainage plan will be dedi-
cated at no cost to the City. All easeraents will be dedicated prior to '
corttmencemenG of any work. . ' - �
5, Public Impravements ?
The Deveioper cantinues to want ta have the Gity camplete the starm
sewer work. Developer and/or Owner wil], sign the appr.opriate petiCion for
work and waiver of pub3ic hearing. Upon receipt the City will proceed as
expeditously as possible to cample�e the work.
b. EnQineerin� Costs �.
The gast casts for engineering w3.11 �e paid for by the Developer, and
costs to be merged into �he public impravement costs.
7. Park Dedication
A park deda.cation far this project has been caiculaCed at $1,200.QQ and
paymenz is due at the time of lot division approval.
� �,,,,.�lL�.1
ike Mickelson, Mickelson Specialities r
CITY 4F MENDOTA HEIGHTS
Robert G. Lockwpod, Mayor
Kevin U. Frazell, City AdminisCrator
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CITY OF NIENAOTA �iEIGHTS
�IO
Auguat 30, 1993
�1
T0: Mayor, City Council and City Administ
FROM: James S. Danielson, Publ.ic Works Dir t
SUBJECT: CA.SE NO. 93-17: Deeb - Wetlands Permit ,
� . �i�_ •�
Mr. Jake Deeb, 1780 Dodd Road, appeared before the �
August Planning Commission meetings to request a Wetlands P
build an approximately 1,000 square foot free standing g<
within thirty six feet (36') of Willow Creek. Mr. Deex
existing one stall tuck undex garage. He had inforaned st�
he would abandon that existing garage which would then allo
conform to the City's requirement that each home have c
garage.
Several issues were of concern:
1. The City moved Willow Creek in 1986 to be in its
location closer to hi� property.
.ly and
:mit to
�age to
has an
'f that
hi.m to
ly one
t
2. There are two creeks involved. Willow Creek and a
tributary to Willow Creek that is forty one fee (41')
from his proposed garage. That tributary is mostly
within a storm pipe and the portion that is not within
the storm pipe has been declared "not a wetland" by tlae
Dakota County Soil and Water Conservation Distri t(see
attached letter).
3. Mr. Deeb does not propose to remove the overhe d door
from his existing garage because he intends to u e it as
a workshop. What constitutes a garage?
The Planning Commisaion struggled with Mr. Deeb's prc
generally felt it was too close to Willow Creek. They t
tries at a motion before recoar�nending denial of the requ
Nlotion one was to approve tlae Wetlands Permit conditior
anoving the garage twenty feet (20') north, farther away f
creek. TYiis motion was not secoaaded and there£ore fail.ed.
.l but
three
upon
� tl�e
�� �
0
Motion two was to deny the Wetlands Permit based on too large
of an encroachment on the wetlarads v This motion failed oxa a 2
(Ayes) to 2 (Nays) vote.
Motion three was to approve the requested Wetlands Pexxnit.
This motion failed as the vote was 1(Aye) and 3(Nay).
��� ����� i�l� ; • �
The Planning Commission was unable to approve Mr. Deeb's
request.
ACTIQN REQIIIRLD
If Council desires to implement the Planning Commission
recommendation and to deny the applicant's request, they should
determine the findinga of fact and direct staff to prepare the
appropriate Resolution for adoption at the ne�t meeting.
JEDakkb
e
♦l.,�l.l
September 3, 1993
Mr. Jake Deeb
1780 Dodd Road
Mendota Heights, Na+T 55118
Dear Mr. Deeb:
� � lt o�
� 1��.e�d+�t�►. H�i hts
Your applicatian for a�'et3.ands Pez�cit will be considered by the
City Council at their ne�ct regularly scheduled meeting, whi�h will.�
be held on �Qaday. Se�tember 7, 1993. The.Council meeting etarts
at 7:30 a'clock P.M. here at City Hall in the Council ers.
Yau, or a representa�ive should plan on at�ending �he mee ing in
order that your application will receive Council cons
If you have any questions, please feel iree to con�act me.�
Sincerely�, .
��.c.� ���t�.�-�:.�---.
Revin Batchelder
Administrative Assistant
RLB : k:kb
Enclosures
�
�
1101 Victoria Curve • N�endota Heights, �N • 5�118 4v -1850
1,1�111�
August l9, 1.993
Nlr. Jake Deeb
1780 Dodd Road
Mendota Heights, N�T 55118
Dear Mr. Deeb:
0
_ 1'
� 1��i+��data �ei
Your application for a�etlanda Permit will be considered
Planning Comn�.saion at their nee�ct � regularl�r scheduled:: m
which will be held on Tues y. ��gust LL24,.1993. The �
Commission meeting etarts at 7s3 Q,o'clock P.M., here at �
Hall in the Council Chambera. You, or a representative shou
on attendiag 'the meeting, in order �hat your applicatic
receive Commisaion cansideration. ;
,�
If you have any questions, please feel free to contac� me.
Sincerely,
�.�,�,.y- k,,-.4�IG1✓� ,c„�..:�..p_..— .
Revin Batehelder
Adm•tnistrative Assistant
Enclosure
i
�
by the
�eting,
City
plan
will
1101 Vietaria Curve � 1V�endota Heights, 1VIN • 55118 4�i • 1$5U
� C ity o�
, j,,, j 1��ie�da�a Heights
July 29, 1993
Mr. Gerald Deeb
1780 Dadd Road
Mendota Heights, N�T 55118
Dear Mr. Deeb:
At your request, I am writing to notify you of the action taken by
the Planning Commission on your request for a Wetlands Pexm�.t on
July 27, 1993 CPlanning Case File No. 93-17). _
The Planaing Cammission, under the authority of Wetlands Ordinance
No. 402, Section 8.C, waived the requiremeat far a public hearing
because you had abtained signatures of consent from all yaur
imn�ediate neighbors. The Planning Commission then tabled action on
your We�lands Permit request until their August 24, 1993 mee�ing to
allow staff time to address �he following: .
1. A c3ari�ication o� �he historical changes that have occurred
regarding Willaw Springs Greek, including the Iocation of the
old creek.
2. The groper planning application.reguired for a request for a
second garage atructure in the_R-1 Zoning District,
Yaur app►lication �vill be considered at the August 24, 1993 Planning
Commi.ssion meet�ing. At that time the Planning Commission will
review your request for a Wetlands Permit and will �onsider whether
your request requires a Condi.tional Use Permi.t and �Tariance.
If you desire to groceed'with a request for a second garage, your
application will require a CondiGional Use Perinit and a Variance,
as per Zoning Ordinance 401, Section 7.3(1) and Section 7.2.(7),
A Condi�ional IIse Permit requires a public hearing and additional
cost�e for applicat�ion fee aud the required Certificate of Abstract,
as per Zoning Ordinance 401, Section 5.6{4}, �Your other optiou,
wauld be to �pro�ose an adequate desig�a salution for the renovat�.an
oi your ex.isting garage,�so that your application�may proceed as a
request for a Wetlands.Permit. .
Sincerely,
� t!�crT,�.— ��k��':�.�.�.,:�.��2.._
Kevin Batchelder
Administrative Assistant
cc: Planning Commissioners
John Uban, Planning Consultant
James Danielson, Public Work� Director
1101 Vietoria Curve � 1Viendota Heights, 1ViN • 55118 452 • 1850
PLANNING REPORT
DATE:
CASE NUMBER:
APPLICAIVT:
LOCATION:
ACTION REQUESTED:
PREPARED BY:
PLANNING CONSIDERATIONS:
Background
1'�t l)1.1'f111��.1111
CC)NSULTINC; I'LA�iNERS
LAf�I)SCAVE ARCt-IiTL-Cl'S
.300 PIRST A��ENUE I�ORTH
SUfTE 21O
1�11NNEAPC�LIS, I�7N :i��101
G12•3.i9•3.300
27 July 1993
93-17
Gerald Deeb
1780 Dodd Road
Wedands Permit
7ohn Uban
The subject properiy is Lot 1 of the Willow Springs Addition which lies just north of a vaca
the Mikelson Property. The Mikelson property is at the corner of Mazie Avenue and Dodd :
These two lots have several creeks running through them. Pine Creek runs north/south thro
back portion of the Deeb property and is piped for part of that distance. Pine Creek connecl
Willow Spring Creek as marked on the submitted drawing or as noted in the Somerset.Area
the creek is namefl Marie Creek. Both of these creeks are included in the City's wetland ma
require a wetland permit for structures and land alterations within 100 feet.
lot called
the
that
and
The City, in conjunction.with the Mikelson property, rerouted Marie Creek/Willow Spring reek as
part of a storm sewer project. This work was done in 1987 at the request of the properiy o er and
prior to the purchase of the property. The existing home on the Deeb property is within 90 f of the
relocated creek and 93 feet from Pine Creek. The proposed garage is to be located adjacent the
eaisting paved azea 36 feet from Marie Creek/Willow Spring Creek and 41 feet from Pine C eek.
The proposed gazage is 33 1/2 by 29 1/2 feet in dimension. This garage is built lazger than normal
three-caz-gazage but falis short of the 1,000 foot size allowed by 12 feet. Mr. Deeb has indi ted that
he wants to use the �gazage to store his recreational vehicles and other equipment. The build' g
elevations show a fourth garage door on the north side without any paved driveway.
Upon inspecting the site, it was evident that the fill material has already been placed for the
has been placed in such a fashion as to bury the root system of the adjacent pine trees. It is
possible that these trees will die because of the fill activiry. The rest of the vegetation has b�
untouched and most of the garage fill was placed in an open yard azea. The home has an ex
gazage built into the house which the owner is proposing to use as a workshop. However, t]
and
left
owner is
Gerald Deeb, Case No. 93-17 27July 1993 Page 2
not proposing to remove the garage door or the driveway to the garage. Nothing is proposed to be
done to prevent the use of the old garage for vehicles in the future. In essence, the new garage will be a
second, stand alone garage which is not permitted by ordinance.
The submitted plans called for a car port area, however, no drawings were supplied to indicate whether
or not this was going to be an additional parking area for vehicles or whether a roof was to be placed
over it as a carport would normally have. If that is the future plan, it faz exceeds the allowed area for
the size of an accessory structure and this should be clarified with the applicant.
The proposed gazage is placed 25 feet from the side yard and meets all other required setbacks.
Wetlands Permit
Although the fill material has been •placed for the garage, it is apparent that very little vegetation was
impacted because of the fill. Several pine trees may be lost due to the placement of the fill and these
can either be moved at this time or new ones planted after construction of the garage. The fill slopes
toward the creek and assurances need to be made that erosion will be controlled and suitable permanent
vegetation will be planted on the fill areas. .
The gazage plans that were submitted did not call out any materials for the garage. These materials,
color, and roofing material should all match the existing home.
The application is only for a wetlands permit for a permitted free standing garage when no other garage
exists for the home. Conversion of the existing built-in garage must be assured to process this
application solely as a wetlands permit.
Action
Signatures of adjacent property owners were obtained and the public hearing may be waived. Review
wetland permit request and make recommendation to the City Council. Possible considerations:
1. Confirm building materials and colors with the applicant. -
2. Erosion control and revegetation for existing fill.
3. Conditions of the removal of the existing garage and conversion to living space by virtue of
elimination of the overhead door and paved access to the home.
4. Clarify carport use and the fourth garage door access.
, ;
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DEEB PROPERTY � . �
C a s e # 9 3-17 NORTH ���
MENDOT4 HEIGHTS, MN o� 50' �o� zoo� ;,��"�
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,��C'.I1C�O►t�►. H�1 ` �1tS �
APPLICATION FOR CI�NSIDERATION
OF
PLANNING REQUEST
� Case No. � �— i �
Date of Application `�7 —lt�- �
��/-i?�C� Fee Paid 1 �� . t�(�.{�i�' ��C�
Applicant Name: � ���' � ��� � PH: ��� � � � �
(Lasc) (F'ttst)
Address: � 7�t� �p�C� �CE'.
(Number & Sireet}
Owner Name: ��-�.. C �'
Address:
(I.ast)
�%�-� i"1%i � f� �
(Number & Street)
Street Location of Px�aperty in Questian: .
�
I.egal Description of Property: .
(C�tY)
�
� �/�s i��1 ..��`1 l S
(State) (ZiP)
�o vE .
(F'ust? (�
�r�v�
(City) (State) (Zip)
�'"�? 7�0 �c� �.'G
r
,. ,J .�-. , ..
_ __
.
Type of Request:
Rezoning Variance
Conditionai Use Permit Subdivision Approval
Conditional Use Permit for F.U.D. Y1�C Wetlands Permit
Plan Approval Other (attach explanat
Comprehensive Plan Amendment �
Applicable City Ordinance Number _� ��- Section �'-��t nk
Pz�esen�. Zo�ng�f ProFert� .��. �( P�sent Use .� �t �e � wc c i �"�vu2
Proposed Zoning of Froperty �� Pmposed Use 5� c-.c,� �. {„1; (� ino t�.�-e
I hereby declare that ali stat.�ments made� in this request and on th ditional
materia� are true � � �
i
(Signature af Applicant}
(Received by - Tit1e)
G
1101 Victoria Curve •,R�iendota Heights, 1ViN • 55118 45�•1850
�,�77�
.
July 6, 1993
The purpose of this letter is to bring to the attention of
Mendota Hts. city officials that I, Jake Deeb, whom resides
at 1780 Dodd Rd would like to apply for a building permit in
order to construct an unattached garage on my property,.
In reviewing the city ordinance of Mendota Hts. with city
officials, it was brought to my attention that a wetlands
permit would be required in order to build this garage.
The proposed building site would be located approximately 40
ft. from the Willow Spring Creek (as shown on map). The
city ordinance requires buildings to be 100 ft. from any
defined wetlands or creek etc. In building this garage
there will be no alteration or disturbance to the creek
flow, or to the water runoff in the area. Al1 trees and
vegetation will be left intact in the area. The garage
footings and floor will be 5.5 to 6 ft. above the existing
creek. The ordinance requires a 3 ft. elevation difference.
The garage will be located on the east edge of my
driveway/car port area (as shown on map).
Presently I have an existing single tuck-under garage in my
home. This area is going to be used as a wood working/hobby
shop once the unattached garage is constructed. So I
believe I am asking for a variance of 40 ft. to proceed with
this building project.
In reviewing information with Kevin Batchalder of the city
offices, I would like the city to consider that in the past
(approximately 6-10 years) the city granted a variance to
Mr. Mickelson and the DNR I believe, to move the existing
creek located on the south side of my property. Previously
the creek was approximately 150 ft. from my home (see map).
Now the creek bed and flow is approximately 80-85 feet from
my house, which is less than the wetlands permit;of 100 ft.
The creek bed is now approximately 20 ft. from the south
edge of my property line. Though I did not own the property
at 1780 Dobbd Rd when this variance was granted, I believe
the city did not consider any future developments at that
time as to what effect it now has on the property at 1780
Dodd Rd.
Page 2
I now am faced with the fact that the south side of my
property is virtually controlled by a 100 ft. wetlands
limitation. I would also like to mention that the prop
on the N.E. corner of Dodd and Marie on which the creeh�
located is undeveloped, with no plans of development as
understand in the future. The variance that was grante
the past to move the creek accomplished nothing more tr
relocate the creek bed and flow, and in effect put more
limitation on my property, than the development of the
corner property containing the creek, for which the vax
was granted based on development plans back then.
The attached maps and drawings show:
1. The building site in relation to my property and
adjoining property.
2. The south side and east side of my property is o
� with a mature tree line which will be left intact, v
blocking any view of the adjoining property owners.
3. The elevation of the land surrounding the garage s
sloping away from the garage area. Map shows area to
18� grade.
rty
is
I
in
n to
of a
ance
4. Dimensions of garage are 29 1/2 x 33 1/2 ft = 995 s�.
ft.
Sincerely,
ed
lly
is
at
�-c�g�-- r
_ . � � ity o�
�.,�.,� ,�,� - ,1��.enc�.a�a. � ]E�eig�i,�s
SIGNATURES UF Ct�NSENT FOR VAi2IANCE REOUEST
2'b: The Flanning Commissian, City of Mendota FIeights
FROMz Praperty' Owners of i� �0 �� �� �a` �
���� ���
7 3 t� ~a� -� a_ � � L� 8 3~ o o a a. � om ��w+�k-��
zz�: t� e � ta �.�95 �=� r �+ c f �, ���s-� � � � �� �..�- �--�..�.(,-.� �
1�L„_�� l.'„w 'ry �.�, y�- �"7i F'"�, V"�
.?
We the undexsigned have revi.ewed the ; plans for �T�. �'( ee �
.�- �- � �,.�.� d � ��. r. . : and � understand the terms . and ,,_. . .
conditions af �ize r i�uested . t�Q f't.�� 3 f'"�+=�'�^ ��
. • .
we nave no ob� ectZons � to �cn1.s •reques� ana ao ne
written consent and consent.ta'waiver of public
- Sincerely,
NAME (Please �?rintj
E:'��.1'��TiKi);i�
ve our
�a. �
ADDRESS {INCL. IAT) -
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.,.. � � 1��endot� Hei�,hts
June 22, 1993
Mr. Jake Deeb
1780 Dodd Road
Mendata Heights, N�T 55118
Dear Mr. Deeb;
Your application for a t�etlands Permi� will be considered by the
Planning Commission at their next regularly scheduled•�meeting,
which will be held on Tu�sday, suly 27. 1993. The ,Planning
Comm.ission meeting star�s at �„$38 o'clock P.M., here at the City
Hall in the Council Chambera. You, or a representative should plan
on attending the meeting, in order �hat yaur application wiil
receive Comm3ssion consideration.
Zf yau have any questions, please �'eel free to contact me.
Sincerely,
.
� (.i/t�l� �l/�.�t/����^---
Revin Batchalder '
Administrative Assistan�
KLB:kkb
Enc7.casures
1101 Victoria Curve - Mendota Heights, 1VLN - 5�218 452 • 1850
CITY OF MENDOTA HEIG�iTS
Septernber
TO: Mayor, City Council and City Adminis
FROM: James E. Danielson, Public V6�o�s D
SUBJECT: I�ane Water Assessffient
AISTORY:
Early this year the Biels, Kennedys aad Kanes asked the City for water servi
process the Kane's backed out. Council determined that ia spite of the fact that the
out it would make the most economic sense to install water to their properiy now 6
DISCUSSION:
�, �993
During the
ie's bacl�ed
At the August 17th meeting when Council was considering watermain asses ments for the
Biels and Kennedys it was decided to establish aa assessment for the Kanes. This ould help the
City better track the costs and would be in lieu of a connection charge approach. e City would
then defer the assessment, wluch makes it due either when a connection is made or th home is sold.
When I first contact Nir. Kane to inform them of this new approach, he said that he
would siga a Petition and Waiver of Hearing, thus avoiding the need for a public earing. Mr.
Kane still has not submitted that petition, so unless he does before 7�esday's m ting, Council
should establish the public hearing.
REC011�IlV�NDATION:
a.,
�,.
Unless a Petition and Waiver of Hearing is received by Mr. Kane before th City Council
me�ting, I recommend that a public hearing be set for the October S, 1993 me�ting t 7:45 P.1VI.,
to consider assessing Mr. Kane for the watermain.
Y �� C .1 11; �11
If Council desires to implement the recommendation they should pass a�
Resolution No. 93 =, RESOLUTION CALLING FOR HEARING ON ASSES�
FOR WATERIVIAIN IMPROVEMENTS TO SERVE THE KANE
IMPROVEIV�NTS (IlVIP'ROVELV�NT NO. 93, PROJECT NO. 2). If Mr. �
petition and waiver, Council would then need to pass a motion adopting Resc
_, IZE.SOLZJ'�'ION ADOPTING AND CONI�'IIt1VIII�TG ASSESSMENTS
FOR WATER IlVIPROVFMENTS TO SEI�VE THE BIEL, I�ENNEDY
�'ROPERTIE5 (IlVIPItOVE11�NT NOa 93, PRO�T NO. 2)
adopting
r ROLL
submit�.s a
� No. 93-
0 �
✓�
�1� �� ��E��O� ��1�1tS
D��O� ��Bafl'A�y �H��.SA�
�������� ��o
RESOLUTION CALLING FOIZ HE�G ON ASSESSMEI�T'� ROLL
FOR WATI;RMAIN IlVIPRO�TTS �O S�� � BANE �O�ER�'X
IlVIPROVFNIENTS (IlVIPItO�1V�T�C 1V0. 93, �'ROJECT NOs 2)
WHEREAS, contracts have heretofore been let for the construction of the following
descaibed 'unpmvements:
�d
The conshvction of water, serve tlie I�ane Properiy, Parcel �No. 27-03600-030-78 (wliich
improvements have heretofore been known and designated as Improve�ent No. 93
Pioject No. 2).
WHEREAS, the constiuction of said impgovements has been completed; and
WHEREAS, the City Clerk, with the aid and assistance of the City Engineer, was
previously directed by the City Council to prepare the assessment roll for the above describ�d
unpmvements; and ,
VVHER�AS, the City Clerk has notified the City Council that a proposed asss�sssu�ent roll
for the above described improvements has been completed and filed ia her office for public
inspection.
NOW THEREI�'ORE, IT IS HERE�X RESOLVID by the City Council of the City
of 1Vlendota Heights, Minnesota, as follows:
Y. That a public hearing on said pmposed assessment mll shall be held at the Mendota
�-Ieights City Hall at 1101 Victoria Curve, in the City of Mendota Heights, on T�esday,
October 5, 1993, at 7:45 P.M. or as soon as possible thereafter.
2. That the City Clerk, with the aid and assistance of the City Attomey, is hereby
authorized and directed to prepare and attend to the publication and mailing of tl�e
necessary notices of said hearing, all in accordance with the a�licable �esot�
Statutes.
� �a
Adopted by the City Conncil of the City of ivlendota Aeights this
3 �i
Kathleen M. Swanson, City Clerk
! �
, i , i.:�. .M i �
�V
Charles E. M�rtensotto,
m
da� og
City off 1VV�eafldot� �eaghts
Dakot� County, Ii�eannesota
A�da7�AilJllAoA\ Ad�e 73�
RESOLUTION ADOPTING ANID CO1�flCIItMIlVG ASSESSMEN�S
FOR WATER IlViPROVIIVIF.NTS TO SER� T� BIEL, SENNEDY AND I�ANE
PROPERTIES (IlVIPROVEi1�N'� .1v0. 93, PROJECT NO. 2)
BE IT RESOLVED by the City Council of the City of 1Vlendota �Ieights as follows:
WHEREAS, the City Clerk, with the assistance of the City Engineer, has calculated the
pmper amount to be specially assessed for the costs incurned to date witt� respect to
Ympmvement No. 93, Project No. 2 constiuction of water impmvements to serve the following
described property sit�ated in the City of Mendota �Ieights, Dakota County, Niinnesota, more
particularly described as follows:
Paa•cel Ivo. 27-03 600-010-78
Parcel IJoe 27-036(}0-020-78
Parcel No, 27-03600-030-78
WHEREAS, the proposed assessment roll has been on file with the Clerk and at all times
since its filing has been opea for public inspection; and that the property owners of the above
described parcel have signed petitions aad waiver of hearing; and
NOW T�REEFURE, this Council, ilnds that each of the lots, pieces and parcels of l�d
enumerated in the proposed assessment a+oll was aud is specially benefitted by the constructioa
of said improvements in not less than the ainount of the assessment, as coarected, set opposite
the description of each. such lot, piece and parc�l of laud, respectively, and that such amoun� so
set out is hereby levied against each of the respective lots, pieces and pazcels of land therein des-
cribed; and
BE IT FIJRT�It RESOLVED, that the amended assessment roll is hereby adopted and
conf'umed as the proper special assessment for each of said lots, pieces and parcels of land
respectively, and the assessment against each parcel, together with interest at the rate of sevea
percent (7 %) per annum accniing on the full amount thereof from time to time unpaid, shall be
a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each
such assessment as to watermains shall be payable in equal amounts extending over a pe�iod of
nineteen (19) years; the first of said installments, together with interest on the entire assessment
commencing thirty (30) days from the date hereof to December 31, 1993, to be payable with
general taxes for the year 1993, collectible ia 1994 (now designated as rea�. estate ta�ces payable
in 1994), and one of each of the remaining instalflanents, together with one y�r's iaitea�est on thah
and all other unpaid installments, to be payable witli general t�ces for each consecut�ve year
thereafter until the entire assessment is paid; and �
;� �.
BE IT FIJR1'�ER ItESOLVED, that pr�or to October 7, 1993, the owner
piece or parcel of land assessed hereby may at any time pay the whole of such ;
without anterest to the City Treasurer; �ad
any flot,
BE IT FLJRTHER ItFSOLVED, that the Clerlc shall prepare and transmit to e County
Auditor a certified duplicate of said assessment roll with each then unpaid ins � ent and
interest set forth separately, to be extended upon the pmper tax lists of the Coun , and the
County Auditor shall thereafter collect said asssesssments in the manner pmvided by we
Adopted by the City Council of the City of iVtendota �Ieights this 7th day of
1993.
ATTEST:
Kathleen M. Swanson, City Clerk
CaTY COUNCIIr ..
CITY OF 11r�ND0'T�A I�IGFT
�y
cn�i� E. ���n��, �yo�
ASSESSMENT PERIOD
Water - 19 years
INTERES'T RATE - 7°k
PARCEL
N0.
REPUTED OWNER AND
DESCRIPTION
27-03600- Merrill A. Biel & Leslie Han
010-78 2563 Delaware Avenue
Mendota Heights, MN 55120
27-03600- Michael & Cecelia Kennedy
020-78 2567 Delaware Avenue
Mendota Meights, MN 55120
27-03600- W. Raymond & Roxanna Kane
030-78 2579 Delaware Avenue
�Vlendota Heights, MN 55120
CITY OF MENDOTA HEIGHTS e4SSESSMENT RAiES:
ASSESSMENT ROLL WATERMAINS -$3,640.00 per lot
BIEL/KENNEDY/KANE PROPERTIES WATER SERVICES - 5465.00 per lot
JOB NO. 9305, IMP. 93-2
ADOPTED: SEPTEMBER 7, 1993
SUBDIVISION
PtofSE1/4ComatSE
Corner W 1097 Feet N 395.5
feet N 74D 13M W 252 Feet
N 19D 39M W 384.9 Feet E
to E line S 825 feet to beg Ex N
103.4 feet & Ex S 556.6 feet
N 165 feet of S 556.6 feet of
following pt of S 50 rds of SE 1/4
Com SE cor W 1097 fee N 395.5
feet N 74D 13M W 252 fe�t
BV 19D 39M W 384.9 feet to pt on
9V line E to E line S to beg
Ex 05/100 acs cont in Parcel
9B of STH R/V1/ Plat No. 19-57
Pt of SE 1/4 Com 226.6 feet N of
SE Cor N 165 feet W 1097 feet S
165 feet to Pt 230.5 feet N of
S line E to E Line & Pt of Beg
Ex 1.43 Acs Cont in Parcel 9A of
STH R/V1/ Plat 19-57
WATER
MAINS
A
53,640.00
$3,640.00
S3, 640.00
WATER TOTAL �
SERVICES
5465.00 $4,105.00
5465.00 �4,105.00
�
53,640.00
�
�
i
;—
� "��
�
CI"d"Y OF 1V�NDO�A I�EIGHTS
:�.�� � ;�,
TO: Mayor, City Council and City Ad '
FROM: 7ames E. Danielson, Public Woa�s '
SLTBJECT: Saiutary Sewer Request
Sept��ber �i, 1993
m
The City installed watermain this summea along Delaware Avenue to se#
Kennedys and ICanes. Their sanitary sewer syst.ems �vvere functioning acceptably at�
DISGUSSION:
the Biels,
time.
Dr. Biel has once again contacted the City to report that lus septic system s now failing.
He, along with his neighbors, the Kennedys and Kanes would like the City to extend sanitary sewer
to their lots. Fortunately, Centex when they were installing sewer and water for tt�ir lots plac.�d
a sanitazy sewer stub to serve these lots (see attached �ap). �
We have completed the following estimate of what it would cost to extend
serve the lots.
4 Manholes
350' - 8" 5ewer Maia
40' - 4" Sewer Service
Clear 20 trees
Remove 12 Stumps
Restore Yards
C�3 $1,250 each =
(� $18 per foot =
(� $15 per foot =
(� $100 each =
(� $100 each =
Engiaeering, Overhead and Contingency =
TOTAL
$20,500 = 3=$6,833 per lot or $41.40 per fa•ont foot.
$16,100
4,400
$20,500
The per lot assessment is high because the lots are wider than normal (1
normally there are two sides of a line to shaa�e in the costs. �
sewex to
and because
r� �
In discussing the project costs with the a�questors, they feel the costs az�e high but they do
need the line. They desire to discuss the project with the City Council.
RECONIlVIENDATION:
The project is feasible fmin a t�hciical st�d �oint however, a decision needs to be a�ade
oa the funding, normally all costs for sanitary sewer project are funded by the bene�tting property
owners.
ACTION REQUIRED:
I�iscuss the proposal with the petitioners and determine whethex ox not to proceed evith ttie
project. If the project is to go ahead, formal petitions need to be signed by the affected pro�rty
owners, and plans and specifications ordered.
�.. '�.. °��° � �", �,�,,� `'"'"." . � �
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�
CI'I'Y O� 1�RF.NDOTA HEIGHTS
• ����'�. � ��,
.�ugus� 26, �
TO: Mayor, City Council and City Ad ' st
FROM: James E. I�anielson, Public eVoxl{s '
SUB7ECT; Lilydale Utility Connection Chazge
AISTORY:
In 1986, McGovern Realty approached the City for approval to connect to Ivle
sanitary sewer and watermain to serve a 24 unit townhome development � Lilydale.
map and memo that shows that proposaY.
The McGoverai connection although a�roved by Mendota Heights, was
DISCUSSION:
The pmperty is located west of and adjacent to Victoria Road which is a�
Road. Recently Dakota County, in cooperation with Mn/DOT, acquired a large poal
McGovern site as right-of-way to allow Mn/DOT to realiga Victoria Road and interse
Highway 13 at an impmved location. Mr. Bill Shvb is now looking at developing
pmperiy with 5 or 6 new townhomes. I have attached a copy of the floor plan c
proposes and I have drawn a line on the old plans to show the pmperty remai�ing to
after the Dakota County right-of-way taking.
Mr. Strub's townhome pmposal would still n�d to connect to 1Viendota Heig:
because the size and fmntage have been changed a new connection charge needs to
Because the new shape of the property is now triangular, it makes the site a�uch n
develop and to calculate a connection charge based on frontage. I suggest we coi
original calculation arrived at in 1986 and adjust it on a per unit basis for use on 1VIr.
pmposal. That calculation would be bmken down as follows:
9PTION "A" (see attached Resolution No. 86-43 for calculatioa method)
1986 5ewer and Water Calculation* _
7% Interest for 23 years =
Tnmk Sewer Calculatioa* _
7% Interest for 24 years =
$12,392.40
$19,951.76
$1,140.16
1 915 2
$35,399.36
�993
iot� �ieights'
S� attach�
anade.
:ota County
n of the old
with Tntnk
; remaining
the uni� he
; develo�d
utilities and
determined.
y 6F6161b�1` W
er using the
ub's cuax�eent
Per TJnit Cost (divide by 24 "1986" u�its)
X 6 Units (number of units proposed today)
BVAC Charge ($200 per unit)
*See Kathleen Swanson memo daY�ci 1VIay 29, 1986
TOTAL
OPTION �'B":
$fl,474.97 �
$8,849.84
$1,200,00
��190�9e84!
Anotber option to consider would be to use the City's odd lot formul� for calculating
frontage. The fmntage using this method would be 313 feet. The frontage for the 241ot pmposal
was 449 feet. The connection charge for the 313 foot option would be calculated as follows:
Frontage = Lot Area �-15,000 (Standard I.ot 3ize) X 100 = 47,1Q0 ; 15,000 X 100 = 313.
Sevver and BVatexmain Charge
$24 per foot X 1.15 X 313 feet =
7% interest for 23 years =
Trunk Sewer 0.015, 15,000 s.f.
0.01, 32,000 s.f.
= 545 X 1.15
7% Interest for 24 years
$200 WAC X 6 Units
�OTAI, -
O�''d'ION "C1°
Deny Connection
A�TION REQUIItED:
Review the options and select a course of action.
$8,638.80
$13,908.47
$626.75 �
$1,052.9�
12 .
$25,426.96
�
August 24, 1993
Honorable Mayor and City Council
City of Mendota Heights
1101 Vic�oria Curve
Niendata Heights, MN 55118
Dear Mayor and City Council:
This letter is sent to you requesting the amount of hook-up
a residue piece af iand which occurred through the rerouting
Victoria Avenue at Highway 13. The original plan for this 1
for 22 townhouses and naw, after the highway department cond
there is room for only 5(an outside chance af 6),
�
w.as
tian,
I have consulted with Jim Danielson and he is familiar with the�land.
Thank you for our consideration.
Si�ncerely ,
-�
t�it��� . ST UB JR.
3
WFS: jmb
srRug e
assoe�aT�s
aeo sie��Y
MEMORIAL
NIGHWAY,
MENDOTA
NEIGNTS,
MINNESqTA
' 55118
(612i 450�4411
, . . F 2nd Ceve�
1st C�vet
�
CITY OF MENDOTA HEIGHTS
MEMO
May
TO: Mayor, City Council, City in' ai'or
�
FROM: Kathleen M. Swanson
City Clerk
SUBJECT: Proposed Resolution on Outside Utility Connection
McGovern Realty Utility Connection Request
�
INFORMATION
�
�
At the last Council meeting, Council discussed a request fr
Realty to connect a Lilydale property to the Mendota Heights san
and weter systems. The discussion lead tq questions about the e
o£ the outside connection charge formula. Council action on the
request was postponed and staff wes directed to review the formu
recommend revisions. Kevin, Jim, Larry and I met last week and
srrived at a formula which we believe would fairly treat both th
� �licants for outside connections and Mendota Heights residents
L�en pay3ng for the improvement pro�ecta.
DISCUSSION
The attached proposed resolution, which will rescind ResoZu
7g-60 if adopted, completely reviaes the originel conaection cha
formule. The proposed formula is generic in nature - it does no
separate calculationa for multiple dwelling units as does the•ex
reaolution.
The intent of the existing resolution was three-fold: to ch
"essessments" equivalent to what Mendota Heighta residents have
improvements; to require cummulative interest similer to the cal
interest oa de£erred asseasmenta; and to charge an overhead coat
recognizing both that some o£ the financing for all of the impro
availabl� to ed�aining communitiea has com� from General Obliget
and that the City incurs on-going system maintenance, engineerin
administrative costs. The resolution is difficult to interpret
application of the calculetion formulas has often resulted in ei
decisiona to install private on-site systems or in attempts to n
reduced charges.
The proposed resolution entails a three-step caZculation fo
assessment rate charged would be the same as that assessed again
ghts properties for the improvements to which the outside pro
�._sld connect. A 15� overhead factor would then be spplied agai
"essessment" and interest Cat the rate charged on the original a
roll) would accummulate annuslly on the principle amount from th
assessment roll adoption. Th� resolution requires that full pay
�m McGovern
tary sewer
uitability
McGovern
a and
ointly
who have
ion No.
require
sting
id for
lation of
ements
on taxes
and
nd the
iate
��•
ula. The
Mendota
rties
t the
essment
date of
nt af
Outside Connections
0
�.�
t• '
May 29, 1986
corir�ection charges be made aftc-:r Counczl approval and prior to connection
to the utility systemC:�> . Staff �'eels very strongly e.bout tha.s
requirement. Sincc� properties effectc;d by thc� reao3ution are outsidc� of
the corporate bounderic�s, the City would have na rnethad af coliecting
delinquent phesed peym�nts other than legz�l action.
The existing �'armula applied against the McGovern Renity property
resul.ted in a connection charge af 539,765.65 and did not include an erea
"asaessment" for trunk sewer. The charge as calculated under the praposed
£or�tti8 is �28,?68.84, incl.uding trunk sewer. The charge is broken dawn ss
follaws: �
Sanitary Sewer = :�13.00 per foot
Watermain = 11.40 per foot
0
�24,40 per foot.X 1.15 = 527.6C1 X 449 �eet =�12,392.40
3
7i interest for 16 years =
Trunk Sewer = 50.�15 per square foot, 15,000 square feet
+ SO.b1 per square foat, ?6,644 square feet.
= a99�..44 Q 1.15%C
'7� ianterest for 2? years '
13, 87'9 . 49
1,140.16
2,356.�9
528,76$.$4
The Water Avail.abi.lity Charge i.s �200 'ger unit t�4f800 for the
proposed 24 units): the Sewer Availebil.ity Ch�rge is :�475 per unit
C�21,404}.� Theae cherges are payahle upan igguance o£ weter 8nd aewer
permits. The availabiJ.ity charges ere governed by ordinences and are not
included in the connection charge �E'ormula or the ebove formula application.
F�ECOMMENDATION
We recommend adoption of the attached proposed resolutian to establish
e revis�d po2icy for outside utility cannections. .We further recommend
that Counci]. approve the McGovern Realty utiI.ity cannection request
conditianed upon payment of the connection
and availability charges. .
ACTTON RELIUiRED
If Council concurs in the sta£f recommendation it shouid take th�e
�'ollowing actions: . ��
1. Move adoption of Resolution No. S6-__, "RESOLUTIQN RESCINDING
RESOLUTION NO. 78-GO AND ESTABGISHING CHARGES FOR�UTILITY
CONNECTIONS OUTSiDE MUNICIPAL BOUNDARIES." .
2. Move approval of the McGovern Realty util.ity connection request
Outaide Connections =3-
May 2�, 1986
conditioned upon payment of the 528,768.84 connection c arge prior
to connection to the system and payment of the�required SAC and
WAC charges on or before the issuence of sewer and wate permits.
0
0
"•
'�
CITY OF MENDOTA HEIGHTS
Dakota County, Mirinesota
RESOLUTION NO. 86-
RESOLUTION RESCINDING RESOLOTION NO. 78-60 AND ESTABLISHING
CHARGES FOR UTILITY CONNECTIONS OUTSIDE MUNICIPAL BOUNDARIES
WHEREAS, in the past the City of Mendota Heights has provided utility
service to properties outside of the City's municipal boundaries and has
imposed connection charges for auch services based on a formula established
by Resolution No. 78-60; and ,
WHEREAS, it was the intent of said Resolution to provide a means for
outaide cannection8 to occur at a coat similar to the amorti2ed assessments
for Mendota Heights properties which were served by the utility meins
af£ecting the outside connections; and
WHEREAS, the connection charge formula imposes interest charges
substantially exceeding those which would be levied against Mendota Heights
properties and requires a surcharge for general obligation contributions
and non-specified governmental costs which exceeds City obligations; and
WHEREAS, while it was not the intent of the Resolutiori, the affect of
the cost £ormule has been to discourage outside connections;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Mendota Heighta that Resolution No. 78-60 is hereby rescinded and the
connection charges re-established as follows:
1. That water and sewer connection charges for properties
outside of the municipal boundaries be computed based on the
aum of three elements in the following order of computation:
a. Front foot assessment based on the special assessments
levied for the original improvement pro�ect in which
the utility was installed;
b. A surcharge o£ 15� to partially psy for Genersl
Obligation contributions end other non-specified
governmental costs; -
c. Interest on the princip3ro-amount arrived at in steps s.
and b. above in the same percentage charged under the �
original pro�ect assessment roll, �.���+�''/1 A,
from the date of the original assessment roll adoption.
2. That the total connection charge computed in step 1 be
payable a£ter approval of the connection by the City Council
and prior to actual connection;
3. That the applicant submit an escrow deposit to cover
anticipated City costs for plan review, inspection
and other engineering services which may be requir
City.
costs
=d of the
BE IT FURTHER RESOLVED, that the provisions of Ordinance No. 806 and
Ordinance No. 807 relative to Water Availability Charges and Wat r
Surcharges and the provisions o£ Ordinance No. 803 and Ordinance No. 805
relative to sewer rental charges and Metropolitan Waste Control ommission
Sewer Availability Charges shall be applicable to all outside ut lity
connections.
Adopted by the City Council of the City of Mendota Heights this
of June, 1986.
ATTEST:
--------------------------------
Kathleen M. Swanson
City Clerk
CITY COUNCIL -
CITY OF MENDOTA HEIGHTS
Robe�t G. Lockwood
Mayor
�
ird dsy
��,
�
TO:
FROM:
SUBJECT:
CITX OF NlErTDO'I'A IiEIGFiTS
' _ 1�lENlO
August 12, 1 93
Mayor, City Council and City Administ
Kevin Batchelder, Adaninistxative Assistan�
Proposed PUD Ordinance Aanenciment
On March 24, 1993 the Planning Commission.opened.a
hearing to discuss proposed changes to the Planned Unit Dev
(PUD) Section of the Zoning Ordinance. The public hear�
continued and Commissioner Friel, Planning Consultant
staff began work on wholesale changes to the PUD Section.
public
Lopment
,ng was
an and
Following extensive work on the PUD Ordinance at the A xil and
May Planning Commission meetings, a Joint Workshop was he d with
the City Council in early June. The intents, purposes and oals of
PUD's were discussed and many revi�ions occurred at this m,eeting.
The City Planner and City Attorney were instructed t�
certain sections and propose additional language. The :
Commission concluded the public hearing at their July mee�
more revisions were made based on the Planner and Attorney'
An annotated copy of the propose� PUD Amendment was p:
to City Council at the August 17, 1993 meeting. City
desired to formally adopt the proposed PUD ordinance after
copy was presented that did not contain the revisions, str:
etc. This copy is attached.
RECONII�2ENDATIpN
The Planning Commission voted unanimously (7-0) to re
that City Council adopt the proposed PUD Ordinance Amendme
suggested revisions.
ACTION RBQLTIRED
If the City Council desires to implement the recommenda
the Planning Commission, they shoul.d:
1. Move adoption of Ordinance No. , AN
AMENDING SECTION 22, PLANNED UNIT DEVE]
ORDINANC£ N0. 401; and
re�riew
anning
ng and
input.
sented
ouncil
clean
eouts,
ommend
t with
ion of
INANCE
�iT OF
� 2. Move to approve the attached Summary of the PUD ection
of the Zoning Ordinance and direct its publ'cation
according to law.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 401
The City Council of the City of Mendota Heights does hereby
ordain as follows:
SECTION 1
m
Ordinance No. 401, known and referred to as "Mendota Heights
Zoning Ordinance" is hereby amended in the following '
respects:
A: Section 22 "Planned Unit Development" is hereby amended
in its entirety so that as amended it shall read as
attached.
SECTION 2
This Ordinance shall be in full force and effect from and
after its publication according to law.
Adopted and ordained into an Ordinance this Seventh day of
September, 1993.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
ATTEST:
Kathleen M. Swanson
City Clerk
t Y
CITY O�' b�NDOTA �EiGHTS
AAR4TA. CA�I�"Xa �7i�INESATA
SIIMMAR% ��' 4�$�Y�i�]� E�Tt�.
AN (3RDINANCg A�SNG SECTI02�T 22, PLANNED UNIT DEVEI
ORDINANCL N0. 401, T8E �A�iIE�I"4� OR:C�IIIANCE OI� �iEND9TA
The City Council of the City of Mendota Heights has det�
that the following aummary of the above re�erenced Or+
cl.early infarms the public o£ the intent and effect
Ordinance� and shall be published in lieu of gublishing the
text of this 4rdinance Section. A printed copy of the fu11
the Ordinance ia availa}a1e for inspec�ion by any pereon
regul.ar o�fice hours at the office of the City C3erk.
Section 22, Ordinance No. 4Q1 entitled
Development" is hereby amended as followa:
Sec�ion 22.1 pravides a revised purpose and definit
Planned Unit Development and defines those types of Plarin
Developments tha� will be allawed.
Section 22.2 refers ta the Rights to a Plann
Development for applicants using the Planned Unit De�r
process.
Section 22.3 define� the approval and administration
and la.sts the standards that need to be satisfied before a
Unit Development may be approved, aa�d includes coordinat:
the Subdi.vision Control Ordinance.
'T OF
3T�
rmined
inance
�f �,he
ent3re
,ext of
during
Unit
�n �or
d Unit
Unit
opment
rocesa
lanned
n w3.th
Section 22.4 provides for a Pre-Applicatian process ir� which
an applicant can meet with the Planning Commissian and City Council
prior to applicatiion for a Planned Unit Development. I
Section 22.5 1ist�s the information �hat must be provide
applicant for Cancept P1.an consideration in the Pre-Appl
process. Site plan maps shall include existing �opo
existing and proposed land uses, utilities, buildings,
development �eatures, location of major thoroughfares and
land uses. The written statement shall include an expZana
the character of �he Planned Unit Developmen�, propo�ed �in
present ownership, developmenG schedule, proposed density, a
projected emp2oyment, square footage oi cammercial devel
open space computations and projected traffic.
by an
ation
ic
of
�j
t,
Section 22.6 describes Action following the Pre-Appli ation
Conference and states that advice anr� recor�mendations are imply
advisory and are not binding in any �ray.
Sec�ion 22.7 describes the Preliminar�r Develapme�t P1an
process including the list of infox�mation required at this stage.
Preliminary Development Plans must �nc�ude street systems and p�at
maps, public con�veyances and dedication�, bua.lding �ites and comrnon
open areas, location of all �tructures and improvementss
el.evationa, development schedule and agreements, Also required are
site plans, grading plans, d3mension plans, landscape plansg of�
street parking, circulation diagrams, and market analysis. 1�lso
describes the filing of a Final Development Plan,
Section 22.8 de�cribes the approval process for a Prelianinary
Plan or Final Development PZan subm-i.tted in lieu thereof.
Section 22.9 describes the approval process for a Final
Development Plan. •�
Sec�ion 22.10 states that an approved Planned IInit Development
lapses after one year if no construction has begun. �
Sec�ion 22.11 describes Amendments to the Final Development
Plan and the process involved.
Section 22,12 describes the enforcement of the approved
development �chedule.
SecGion 22.13 describes the various methoda for conveyance and
main�enance of common open space in a Planned Unit Development.
Sec�ion 22.14 describes the s�andards for common or public
open space in a Planned Unit Deve3opment.
Section 22.15 describes the requirements and assuran.ces for
the guarantee of the provision af common open space.
Section 22.16 describes the contral mechanism� for a Planned
Unit Development following completion including a cer�ificate of
completian for each phase of development.
BY ORD$R OF TfiS CITY CQIINCIL
C2TY OF NtEND4TA HSIGHTS
Kath3een M. Swanson
City Clerk
SECTION 22. PLANNED UNIT DEVELOPMENT
22.1
(401)112
PURPOSE AND DEFIrTITION
This Section establishes provisions for the gran
a conditional use permit to provide for a Plann
Development project. The purpose of the Plann
Development is to encourage a flexibility in the
and development of land; and in connection therewi
by way of illustration and not limitation, to p
the natural and scenic quality of open are
encourage a diversity of housing types within �
development, to permit a mixture of several
district uses within a development project, and tc
modification and variance of zoning d
requirements, but nevertheless and at the san
limiting development to a scale appropriate
existing terrain and surrounding land uses. Ex
otherwise provided for by Section 13 of this Or
which relates to "Planned Unit Development Distri
Planned Unit Development is hereby defined
development project which proposes to utilize ten
more contiguous acres of land (the "Project Are�
where:
(A) The proposed uses in the Project Area con:
some use or uses which would not other�
NPermitted Uses" in the Zoning District
comprises the Project Area; or if the Proje
includes two or more Zoning Districts, tr
Planned Unit Development may be permitted on
proposed use or uses in each of the
Districts would not otherwise be a"Permitt�
therein, or
(B) The Project Area consists of property loc�
one or more "R" Zoned Districts, the p:
Planned Unit Development consists entir�
residential housing and it is proposed th�
housing be clustered. Furthermore, in oz
qualify under this subsection B, notwithsi
any other provision °of this Ordinance
contrary, the ratio of impervious surface
total Project Area shall not be more than i
five to one hundred, e.g. 2500 square f
ting of
�d Unit
�d Unit
design
th, and
reserve
as, to
i given
zoning
permit
istrict
,e t ime
to the
�ept as
3inance
�ts," a
�s any
(10 ) or
� " ) and
ist of
ise be
which
:t Area
en the
Lyifa
Zoning
:d Use"
ted in
•oposed
:ly o f
t such
�er to
anding
:o the
to the
wenty-
:et of
impervious surface to 10,000 square feet of Project
Area. For purposes of calculating the above ratio
there shall be excluded (1) from the computation of
Project Area, all wetlands in the Project Area and
all land below the bluff line in any part of a
Critical Area (as defined in Ordinance 403) which
is within the Project Area, and (2) from the
computation of "impervious surface" the square foot
area of swimming pools, tennis courts and other
detached recreational structures located in the
Project Area. „
The word "clustered" or ��clustering�� shall for
purposes of this Subsection (B) mean the placement
of two or more housing units, whether single
family, or multi-family, or mixed, in closer
proximity than is permitted under the regulations
applicable to the zoning district or districts in
which the Project Area is proposed to be located;
or
C. Project Area consists of property located in one or
more "B" zoned districts or one or more "I" zoned
districts. The proposed Planned Unit Development
shall consist entirely of facilities and uses that
are either permitted or permitted through a
conditional use permit in the underlying zoning
district. Zero lot lines, shared parking,
pedestrian connections between structures, common
building materials and treatments, signage, and
architectural styles, as well as extensive
landscaping shall be encouraged in the Planned Unit
Development in order to create a "campus
atmosphere" development. -
The percentage of impervious surface in the project
area shall be no more than seventy (70) percent.
Wetlands and all land below the bluff line in any
part of a critical area (as defined in Ordinance
403) that is in the Project Area shall not be
included in the land area to be calculated in order
to determine the above percentage.
The Council may reduce the ten (10) acre requirement for a
Planned Unit Development, but to no less than five (5) acres,
(401)113
and only if it finds that the Planned Unit Develop ent, in
addition to meeting all of the standards and object'ves of
Section 22.3 also:
(1) is determined by the Council to be "infi 1 type
development" that would be difficult to develop
under the Zoning District or Districts co rising
the project area;
(2)
(3)
will not require any wetlands permit;
will not require any critical area variance�;
(4) will not increase traffic or parking estima es for
the Project Area above the level rea onably
estimated for a permitted use for the roject
Area's size in the Zoning District in whic it is
situated;
(5) provides a landscaped buffer around the pe imeter
of the entire Project Area unless expressly waived
by Council.
The Council shall be conservative in exercising its dis retion
to permit a Planned Unit Development of less than t n(10)
acres.
22.2
(401)114
RIGHTS TO A PLANNED UNIT DEVELOPMENT
The use of more flexible regulations in the deve opment
of land under the Planned Unit Development Sectio may be
approved if all of the conditions in Section 2.3 are
found to exist and if it is determined that it is in the
overall community interest to do so. The use o these
techniques is not an assumed right, but is a
discretionary privilege which may be granted by t e City
Council if in its determination the use of a Plann d Unit
Development process and land development is 'n the
community interest and all of the conditions are dhered
to. While the approval of a Planned Unit Developm nt may
result in permitting in a Project Area a develop ent of
a nature or use not otherwise permitted in the par icular
Zoning District, it is not intended that the appr val of
a Planned Unit Development shall effect a change in the
underlying zoning unless the procedures for a r zoning
under this Ordinance are also followed, either
simultaneously or separately, and a rezoning is approved
in accordance with the procedures of other provisions of
this Ordinance.
22.3 APPROVAL AI�TD ADMINISTRATION
22.3(1) The Planned Unit Development may be approved only if it
satisfies all of the following standards:
22.3(1)a The Planned Unit Development is an effective and unified
treatment of the development possibilities on the project
site and the development plan provisions -•for the
preservation of unique natural amenities such as streams,
stream banks, wooded cover, rough terrain, and similar
areas.
22.3(1)b The Planned Unit Development has been planned and is
proposed to be developed to harmonize with adjacent
projects or proposals.
22.3(1)c Financing is available to the applicant on conditions and
in an amount which is sufficient to assure completion of
the Planned Unit Development and evidence to support
those facts is presented to and deemed satisfactory by
the Planning Commission and the Council.
22.3(2) In the Planned Unit Development the number of dwelling
units proposed for the entire site shall not exceed the
total number permitted under the density control
provisions of the zoning district(s) in which the land is
located. If the Planned Unit Development is in more than
one (1) zoning district, the number of allowable dwelling
units must be separately calculated for each port-ion of
the Planned Unit Development that is in a separate zone,
and must then be combined to determine the number of
dwelling units allowable in the entire Planned Unit
Development.
22.3(3) The Planning Commission shall determine the' number of
dwelling units which may be constructed within the
Planned Unit Development by dividing the net acreage of
the project area by the required lot area per dwelling
unit which is required in the district in which the
Planned Unit Development is located. The net acreage
(401)115
shall be defined as the Project Area less the 1�
dedicated for public or private streets and all�
shall include (except as hereinafter provided) a
to be conveyed to the City for public parks . Net
shall also exclude all wetlands within the Proj�
to the average high water mark as indicated
City's Wetlands Map, and that part of any criti�
within the Project Area of the Planned Unit Dev�
which is below the bluff line as defined in Ordin
403; and such wetlands and critical areas s
excluded from the computation of net acreage, wh
not such property or any part thereof is conveye
City for public parks. .
22.3(4) Coordinatian with Subdivision Control Ordinance.
22.3(4)a It is the intent of this ordinance that subd
review under the Subdivision Control ordinance be�
out simultaneously with the review of a P1annE
Development under this chapter of the Zoning ord
It is required therefore that the proposed prel,
plat of all land included within the Planne
Development be submitted with the Preliminary Deve:
Plan or the Final Plan, if the Final Plan is a
with the Preliminary Development Plan.
22.3(4)b The plans required
must be submitted
requirements of the
preliminary and
regulations:
under this
in a form
Subdivision
final plats
na area
Ys, but
1 lands
acreage
�t Area
on the
�1 area
Lopment
nce No.
all be
ther or
to the
.vision
:arried
d Unit
.nance.
.minary
i Unit
.opment
section of the or inance
which will satis y the
Control ordinance or the
required under those
22.3(4)c Performance Bond: The applicant shall furnish a
contractor's performance bond as prescribed by Min
Statutes, with corporate surety in a penal sum eg
125 percent of the Engineer's cost estimate fi
required improvements to be furnished and/or insta]
the applicant in the development of the Planne�
Development project. The performance bond sh<
approved by the City Attorney prior to its acceptar
shall be provided to the City Zoning Administrato
prerequisite to issuing the first building permit f
Planned Unit Development.
(401) 116
public
nesota
�ual to
�r the
.led by
3 Unit
�11 be
�ice and
r as a
�or the
A certified check shall be submitted by the applicant for
the estimated inspection costs of the required
improvements to be furnished and/or installed by the
applicant. Said check is to be submitted at the time of
the submission of the performance bond.
22.3(5) All other development regulations not specified in this
Section 22 or specified as a condition to the conditional
use permit (and these shall be specifically referenced in
the "Development Agreement") shall apply as regulated in
the zoning district in which the Planned Unit Development
will be located, except to the extent that such
provisions have been varied or waived as permitted by
this Section 22 and are evidenced by a Development
Agreement between the applicant and the City.
22.3(6) Ob-iectives of a Planned Unit DeveloAment
It is the purpose of this Section 22 to provide a means
to allow subtantial variances from the provisions of this
ordinance including uses, setbacks, height, and similar
regulations not including off-street loading, necessary
landscaping, and the like, and such variances may be
granted for Planned Unit Developments, provided:
22.3(6)a Certain regulations contained in this ordinance do not
realistically apply to the proposed development due to
the unique nature of the proposed development.
22 . 3( 6) b The variances, if granted, would be fully consistent with
the general intent and purpose of this Ordinance.
22.3(6)c The Planned Unit Development would produce -urban
development and urban environment of equal or superior
quality to that which would result from strict adherence
to the provisions of this ordinance.
22 . 3( 6) d The variances will not constitute a threat to the safety,
health, and general welfare of the owners or occupants of
adjacent or nearby land, including property values, nor
be detrimental to the health, safety, morals, and general
welfare of the people of the community.
(401)117
22.3(6)e The proposed development is of such a unique natu e as to
require consideration under conditions of the Planned
Unit Development and meets the threshold co ditions
specified in Section 22.1.
22.3(6)f It shall be determined that the variances are app opriate
for the reasonable and practical physical develo ment of
the property constituting the Planned Unit Dev lopment
• and are not required solely on the basis of f'nancial
advantage to the applicant.
22.4
22.5
PRE-APPLICATION CONFERENCE
Before submitting an application for a Plann
Development, an applicant shall confer with the ]
Commission (and with the City Council at its next
meeting following Planning Commission review) tc
information and guidance before entering into
commitments or incurring substantial expense
preparation of plans, surveys, and other data.
CONCEPT PLAN
22.5(1) The applicant shall provide to the Planning Com
and the Council at the pre-application confere�
Concept Plan and other information specified :
Section 22.5. The Zoning Administrator shall not
pre-application conference on the Planning Com
agenda until all of the information specified
Section has been provided by the applicant. A
information shall be provided to the Zoning Admini
twenty-one (21) days before the pre-appl
conference with the Planning Commission to fac
review by staff and preparation of a report by the
Planner.
22.5(2) A Concept Plan must include both maps and a
statement, and must show enough of the area sur
the proposed Planned Unit Development to demonst
relationship of the Planned Unit Development to a
uses, both existing and proposed.
22.5(3)
(401)118
c� Unit
Lanning
regular
obtain
�inding
in the
�ission
ce the
n this
>lace a
iission
n thi s
1 such
trator
cation
litate
City's
ritten
unding
te the
oining
The maps which are part of the Concept Plan ma be in
general schematic form, and must contain the fo lowing
information:
22.5(3)a The existing topographic character of the land.
22.5(3)b Existing and proposed land uses and the approximate
location of buildings, utilities, and unique development
features of the site.
22.5(3)c The location of major thoroughfares.
22.5(3)d Public uses, including schools, parks, playgrounds, and
other open spaces.
22.5(4) A written statement shall accompany the Concept Plan,
which must contain the following information: '
22:5(4)a An explanation of the character of the Planned Unit
Development and the manner in which it is consistent with
and has been planned to comply with the Planned Unit
Development provisions contained in this Section 22.
22.5(4)b A statement of proposed financing.
22.5(4)c A statement of the present ownership and all existing or
contingent interests in all of the land included within
the Planned Unit Development.
22.5(4)d A general indication of the expected schedule of
development including progressive phasing and time
schedules which shall not exceed five (5) years from the
date of approval of the Final Development Plan for the
Planned Unit Development to the completion of all
construction.
22.5(4)e The character and approximate density of dwelling units.
22.5(4)f Estimated industrial or commercial acreage and projected
employment.
22.5(4)g Estimated square footage of any commercial development.
22.5(4)h Estimated amount of open space and a computation showing
the percent of impervious surface in the Project Area.
22.5(4)i Projected traffic.
(401)119
22.6 ACTION FOLLOWING PRE-APPLICATION CONFERENCES
22.6(1) The Planning Commission and the Council each i.
turn shall make recommendations regarding the
Plan giving reasons for their recommendations, b
action is not and is not intended to be binding
city in any way, but simply advisory to the appli
a preliminary basis only.
22.7 PRELIMINARY DEVELOPMENT PLAN ..
22 . 7(1) If a Preliminary Development Plan has not been st�
to the Planning Commission within six (6)
following the date of the Council meeting at wh
applicant completed the pre-application conferen
the Council, then the applicant shall repeat t:
application process specified by this Section 22.
discretion and for good cause, the City Counc
extend for three (3) months the period for the fi
the Preliminary Development Plan, and wai�
resubmission to the pre-application conference p
i their
;oncept
zt such
on the
�ant on
>mitted
months
.ch the
;e with
�e pre-
In its
il may
Ling of
e the
-ocess.
22.7(2) Every Preliminary Development Plan must includelall of
the following information:
22.7(2)a A map showing street systems, plot lines ar�d plot
designs. �
22 . 7( 2) b Areas proposed to be conveyed, dedicated, or rese ed for
parks, playgrounds, playways, school sites, public
buildings, and similar public and semi-public us s.
22 . 7( 2) c A plot plan for each building site and common ope
showing the proposed location of all bui
structures and improvements and indicating tY
spaces around buildings and structures.
22.7(2)d Elevation and perspective drawings of all p
structures and improvements and any accessory stru
The drawings need not be the result of
architectural decisions and need not be in det<
should indicate the general design charact�
materials.
(401) 120
area,
ings,
open
=oposed
:tures.
final
iil but
:r and
22.7(2)e A development schedule indicating (1) the approximate
date when construction of the project can be expected to
begin; (2) the stages in which the project will be built
and the approximate date when construction of each stage
can be expected to begin; (3) the anticipated rate of
development; (4) the approximate dates when the
development of each of the stages in the development will
be completed; and (5) the area and location of common
open space that will be provided at each stage.
22.7(2)f Copies of proposed agreements, provisions or covenants
which will govern the use, maintenance and continued
protection of the Planned Unit Development and any of its
common open areas, for information purposes only.•
22.7(2)g The following plans and diagrams:
1. All information required under the provisions of
Subsections 5.6(2) a through e,
inclusive, of this Ordinance.
2. An off-street parking and loading plan.
3. A circulation diagram indicating the proposed
movement of veicles, goods, and pedestrians
within the Planned Unit Development and to and from
existing thoroughfares. Any special engineering
features and traffic regulation devices needed to
facilitate or insure the safety of this circulation
pattern must be shown.
4. A landscaping and tree planting plan.
5. An economic feasibility report or market ana-lysis.
22.7(2)h The applicant may instead of filing a Preliminary
Development Plan file a Final Development Plan at the
time specified in this Subsection 22.7, and such Final
Development Plan shall contain all of the information
required in this Subsection 22.7 and all information
required for the Final Development Plan as specified in
this Ordinance.
(401)121
22.8
DEVELOPMENT PLAN SUBMITTED IN LIEU THEREOF
22.8(1) The applicant shall file the preliminaiy developm nt plan
(or in lieu thereof a Final Development Plan) ith the
City Council and the Planning Commission not la er than
twenty-one (21) days before the Planning Co ission
meeting at which the application will be consider d. The
Planning Commission shall give notice of a public hearing
in conformance with Section 5.6 of this Ordinan e.
22.8(2) The Planning Commission shall review the prelim.
f inal development plan ( as the case may be ) and a
hearing forward the plan to the Council with a
report recommending that the plan be disa�
approved, or approved with modifications, and <
reasons for these recommendations.
22.8(3) Within thirty days after receipt of the rep�
recommendations of the Planning Commission, the
shall consider the plan and the report transmi
them by the Planning Commission. • At the 1
consideration, the Council may take action to ap�
disapprove the plan or approve the pla:
modifications, or it may continue the discussi
time to time for further information and report i
Planning Commission as it may direct.
22.8(3)a Upon approval of the plan by an affirmative
four-fifths (4/5) of all members thereof, the
shall grant the conditional use permit with app
findings consistent with Section 22. If the app
of the Preliminary Development Plan, such approv
be subject to the filing of a Final Development
the approval of the Final Development Plan
affirmative vote of four-fifths (4/5) of all
members.
22.9
PRELIMINARY DEVELOPMENT PLAN
22.9(1) Within six (6) weeks following the approval
Preliminary Development Plan by the Counci
applicant shall file with the Council a Final Deve
Plan containing in final form the information reqt
(401)122
nary or
:ter the
written
ive the
>rt and
Council
tted to
.ime of
�rove or
i with
�n from
rom the
�ote of
Council
opriate
�val is
1 shall
lan and
by the
�ouncil
lof the
, the
lopment
ired in
the preliminary plan. In its discretion and for good
cause, the Council may extend for six (6) weeks the
period for the filing of the Final Development Plan.
22.9(2) All agreements, covenants and conditions relating to the
Planned Unit development, including without limitation
(i) those which relate to the use, maintenance and
continued protection of any common open areas, (ii) all
variances, and (iii� all conditional uses which are
inconsistent with the requirements and uses otherwise
permitted in the Zoning District or the Districts which
comprise the Planned Unit Development, shall be ��set forth
in a Development Agreement, to be prepared by the City,
and to be entered into between the applicant and the
City. Approval of the Development Agreement by the
Council and the applicant shall be a condition to
approval of the Final Development Plan.
22.9(3) The Council will review the Final Development Plan and so
long as all conditions to the approval of the Preliminary
Development Plan have been satisfied and so long as
standards set forth in Section 22.3 (1) continue to be met
the City Council shall approve the Final Development
Plan. No building permits will be issued until the
developer provides to the City evidence of the recording
of the Final Development Plan and, if appropriate, the
Development Agreement.
22.9(4) If the Final Development Plan is not in substantial
conformity with the Preliminary Development Plan and the
applicant wishes to proceed with the Final Development
Plan, the Final Development Plan shall be considered
pursuant to the procedures provided for by this Ordinance
for approval of a conditional use permit, and the
applicant shall be referred back to the Planning
Commission to begin that process.
22.10 FAILURE TO BEGIN PLANNED UNIT DEVELOPMENT
If no construction has begun of the Planned Unit
Development within one (1) year from the approval of the
Final Development Plan, the Final Development Plan shall
lapse and be of no further effect. In its discretion and
for good cause, the Council may extend for up to one (1)
(401) 123
additional year the period for the begi
construction.
22.11 AMENDMENTS OF FINAL DEVELOPMENT PLAN
No changes may be made in the approved Final De�
Plan after its approval by the Council, exc
application to the Council under the procedures
below:
22.11(1� Minor changes in the location, siting, and he
buildings and structures may be authorized by the
if required by engineering or other circumstan
foreseen at the time the final plan was approvec
approval shall require the affirmative vote o
fifths (4/5) of all members of the Council.
22.11(2) All other changes in use, or rearrangements o
blocks and building tracts, any changes in the pr
of common open spaces, and all other changes
approved final plan must be made by the Council
the procedures authorized by this Ordiriance �
approval of a conditional use permit. No amendme
be required by the Council because of char.
conditions that have occurred since the final p
approved or by changes in the development policy
communi ty .
22.12
(401)124
ENFORCING DEVELOPMENT SCHEDULE
The construction and provision of all of the comm�
spaces and public and recreational facilities wh:
shown on the final development plan must proceed
same rate as the construction of the primary str�
units. At least once every three (3) months fo:
the approval of the Final Development Plan, the
administrator shall review all of the building �
issued for the Planned Unit Development and exam:
construction which has taken place on site. If h�
find that the rate of construction of dwelling ui
greater than the rate at which common open spac
public and recreational facilities have been const
and provided, he shall forward this information
Council, which may revoke the Planned Unit Deve:
permit.
.ng of
Lopment
t upon
�ovided
e
�
lt of
uncil
s not
Such
four-
lots,
>vision
in the
under
�r the
it s may
�es in
an was
of the
>n open
.ch are
at the
ictural
.lowing
zoning
�ermits
.ne the
� shall
�its is
�es and
ructed
to the
opment
0
22.13 CONVEYANCE AND MAINTENANCE OF COMMON OPEN SPACE
22.13(1) All land shown on the final development plan as common
open space must be conveyed under one (1) of the
following options:
22.13 (1) a It may be conveyed to a public agency which will agree to
maintain the common open space and any buildings,
structures, or improvements which have been placed on it.
22.13(1)b It may be conveyed to a homeowner's association or
similar organization for the maintenance of the common
spaces of the Planned Unit Development, subj ect to and in
a manner consistent with the covenants, duties and
obligations of the developer set forth in the Development
Agreement.
22.13(2) No common open space may be put to any use not specified
in the Final Development Plan unless the Final
Development Plan has been amended to permit that use
under this ordinance. However, no change of use
authorized under this Ordinance may be considered as a
waiver of any of the covenants limiting the use of common
open space areas, and all rights to enforce these
covenants against any use permitted under this Ordinance
are expressly reserved.
22.13t3) If the common open space is not conveyed to a public
agency, either one (1) of the following methods of
enforcement must be provided:
22.13(3)a The legal right to develop the common open space for the
uses specified in the Final Development Plan must be
conveyed to a public agency. .
22.13(3)b The restrictions governing the use, improvement, and
maintenance o€ the common open space must be stated as
conditions to the conveyance of the common open space,
the fee title to the common open space to vest in a
public agency in the event of a substantial defaul.t in
the stated conditions. �
22.13(4) If the common open space is not conveyed to a public
agency, the covenants governing the use, improvement, and
(401)125
/
�
0
maintenance of the common open space shall aut
City to enforce their provisions.
22.14 STANDARDS FOR COMMON OR PUBLIC OPEN SPACE
ize the
22.14(1) The location, shape, size and character of the common
open space must be suitable for the Plann d Unit
Development.
22.14(2) Common open space must be used for amen'ty or
recreational purposes. The uses authorized'� or the
common open space must be appropriate to the s.c le and
character of the Planned Unit Development, cons'dering
its size, density, expected population, topogra hy and
the number and type of principal units to be pro ided.
22.14(3) Common open space must be suitably improved
intended use, but common open space containing
features worthy of preservation may be left uni
The buildings, structures and improvements wl
permitted in the common open space must be appro�
the uses which are authorized for the common op
and must conserve and enhance the amenities of tr
open space having regard to its topography and un
condition.
22.14 (4) The development schedule which is part of the deve
plan must coordinate the improvement of the comm
space, the construction of buildings, structurE
improvements in the common open space, a�
construction of residential dwellings in the Plann
Development.
22.14(5) If the final development plan provides for buildi�
structure improvements in the common open spa
developer must provide a bond or other adequate as:
that the buildings, structures, and improvements�
completed. The Planning Commission shall relea
bond or other assurance when the buildings, struc
or improvements have been completed according
development plan.
22.14(6)
(401) 126
or its
iatural
ch �are
iate to
i space
common
lproved
opment
n open
� , and
i the
�d Unit
gs, or
;e the
urance
�ill be
�e the
tures,
:o the
In the development of the common open spac�, the
requirements of other City ordinances must be met unless
otherwise provided in the Development Agreement, e.g.,
wetlands permit requirements, etc.
22.15 GUAR.ANTEE OF THE PROVISION OF COMMON OPEN SPACE
The City Council may require adequate assurance, in a
form and manner which it approves, that the common open
space shown in the final development plan will be
provided. The following methods of assurance are
intended as illustrative, and they may be used singly or
in combination: -•
22.15(1) The Council may accept a bond, corporate surety,�or other
acceptable financial guarantee, in a form which complies
with the provisions of the subdivision control Ordinance,
and in an amount sufficient to purchase at its then
current market value the common open space shown in the
Final Development Plan.
22.15 (2) The land shown as common open space may be put in escrow,
the escrow agreement to provide that the land is to be
held in escrow until the City Council has certified to
the escrow agent that the Planned Unit Development has
been completed at which time the common open space is to
be conveyed as provided by City ordinance. The escrow
agreement may provide for the release of the common open
space by the escrow agent in stages, the Council to
certify the completion of each stage of the Planned Unit
Development to the escrow agent. The escrow agreement
must provide that a portion of the open space is to be
conveyed in the manner provided by City Ordinance, if the
Planned Unit Development is not completed. In this
event, the open space which is conveyed is to bear the
same proportion to the open space provided on the�final
development plan as the dwelling units that have been
built bear to the total number of dwelling units which
are allowable by the Final Development Plan.
22.15(3) If any of the Planned Unit Development which includes
common open space is held by the developer on option, the
developer may assign to the Council the right to exercise
the option to acquire the common open space and shall
simultaneously provide the Council with the sum
(401)127
�
necessary, if any, to exercise the ap�.ion and a
property.
l3_�'8 t�l£
22.15(4) If for any reason the comman open Space shall nat be
provided for befare the completion and occupanc of the
project, the Council may withhold �he Cer�ifi ate of
Occupancy until the common open space has been rovided
and impraved in accordance with the Final Dev lopment
Plan.
22.16
m
22.16.{1) The Councii shall issue a certificate certif.y ng the
comple�ion of each phase of the Planned Unit Deve1 pment,
and the City� Ci.erk shall note the issuance of the
certi£ica�.e on the recorded final. developmen� pl n.
22.16(2} After the cer�ificate of completion has been iss ed, the
use of ].and and the canstruction, madificat'an, or
al�eration of any buildings or structures wit in �he
Planned Unit Development will be governed by the a proved
Final Developznent Plan and the Development Agree en�. �o
the extent that they may be inconsisten� with the
provisions of this Zoning Ordinance. �
22.16(3) After the cer�ificate of completion has been iss ed, no
changes may be made in �he approved Final Deve oprnent
Plan except upon application to the City Counci under
the procedures provided below:
22.16(3}a Any minar extensions, alterations, or modifit
wi�.hin the building envelope of exis�ing commerc:
industrial buildings or struc�.ures may be au�hor:
the Council i� they are cansi�ten�. wi�h the purpo�
intent of the Final Development Plan anc
au�.harization shall be by the affirmative vo�.e o:
fifths (4/5) of all members of the City Counci
change authorized by this sec�ion may increase th�
feet of any building or struc�.ure by more than t�
percen�.
ations
al and
zed by
es and
such
four-
.. No
cubic
n (10)
22.16(3}b Any uses not authorized by the approved iinal pl n, but
allowable in the Project Area as a permitted us under
the provisions of �.he Zoning Ordinance or permitt d as a
condita.anal use in the zone in which the Planne Unit
(401)128
y . .�4
Development is located, may be added to the �inal
development plan. under the procedures provided by the
Zoning Ordinance for the approval of conditional uses.
22.16(3)c A building or structure that is �otally or substantially
destroyed may be reconstruc�.ed only in compliance with
the Fina1. Development Plan unless an amendmenG to the
Final Development Plan is approved pursuant to the
procedures for approval of a conditional use permit under
this Ordinance,
22 .16 (3 ) d Changes in the use of common apen space may be authorized
by an amendment to the Final Develapment Pian pursuant to
the procedures for approval of a conditional use permi�.
under this Ordin.ance.
22.16{3)e A11 other changes in the Fznal Development P1an mus� be
made by �.he Council, under �.he procedures authorized by
this ordinance for the amendment of the zoning ordinance.
No changes may be made in �he Final Development Plan
unles� they are required for the cantinued successful
functioning of the Planned Unit Development, or unless
they are required by changes in condi�.ions that have
occurred since the final plan was approved ar by changes
in the develapment policy of the community.
22.16(4} No changes in the Final Develapment Plan which are
approved under this sec�.ion are to be considered as a
waiver of the covenants limiting the use of land,
buildings, struc�ure�, and improvements within �he area
o� the Plan.ned Uni� Development, and all rights to
enforce these covenants against any changes permittecl by
this section are expressl�r reserved.
(4p1}129
a� I�D�. 1 i:.'. C1. i
f�il;�i . ; ;h
September 3,
'�'O: ltZayor, City Council a�nd City 1�dulinistratoa�
FRQIVI: James B. Danzelson
Public Works Director
SUBJBCT: Update on ivy Falls Cre�k Pmject
Because the Ivy Falls Creek project is being delayed ta 1994, them: ar� some
concerning the legal processing of the project, spe��cally assessment payment i
requirements for extending the project beyond one year fmm the date it was ordered b;
The Gity Attomey has be�n asked tu prepare an opinion on what actions the City sl
ta delay the pmject unti11994. That opinian was not available on Friday and wi]
delivered io Councii�members on Monday, September 6th:
I
�uestions
Iays an�
Couacil.
yuld ta�e
be haad
4 �
0
� ' \.�� . �1/
WIIVTHROP & V�EINSTINE, P.A.
TO: Mayor
City Council
City Adminislralor
FROM: Thomas M. Hart
DATE: Scptcmbor 3, 1993
RE: Ivy Falls Creck Project
IN'�'RODUCTXON
Tli� City Engineers have dctermined that thc City may be able to obtain more
bids on thc Ivy Talls Crcck Improvement Project (the "Pmject") if bids on the Proj�
ncxt ycar, rathcr than trying to complete the Project this year. As a result, two prim
have ariscn under Minn. Stat. Ch. 429 relating to the timing of letting bids and the ce
are let
issues
of the asscssmcnt roll to the County Auditor.
To date, the City has xeceived four properly perfe.cted app�ls from the srecial
assessments that were initially adopted by the Council on December 1, 1992 and a�ju ced by
decreasing the special assessments by !0 % across the board on December 15, 1992. Al of the
assessment challenges have been resolved except for that of Eric and Marilyn Milt r. In
resalving the assessment appealc, the City has not reduced any of thr as�essnicnts, but rat er has
either deleted from the Project the reach of the Creek affcxling a property (that is� Da id and
Mary �.ibra) ar by negodating with the owncr lo provide ccztain compcnsation for easeme ts ar►d
for removal ef trees {for example, Taylor and Denis) in cxchange for dismissal of the as smcnt
----- -.. . --� - �--
appeal. The City did noc reduce any of che assessments that weze challen�r�! prijnarily
it xa.ised a risk that the n,clac�ion oC particular assessmcnts would call into questian the
af a21 olh�r assessments bG�cause thc assossments were madc on a frontage and area bas�s.
As an initial matter, Mi�tt. Stat. § 429.0�1, svbd. 1 requires that the Council "s�a�l let
the cantract for a�1 or part af tho wark" on !he Fraject "no Iater than 1 year a£ter the
of thc resolutian ardering such impravement, unless g different time limit is specificali stated
in tha tesoiution ardering the impzavement." The resa2ution ardering the Tvy Fal]s C{eek
Project was adopted by th� Council on Dec�mber 1, 19�2. Acco�dinEly, c�n Lhe face of ihe
st�iute the Counoil would be required ko "iet° the contract for at least �rt c�f the wc�rk on the
ivy FalIs Creek Fraject by November 30, 1993.
However, Minn. Stat. � 429,Odf, subd. 1 provides the Council w�ith some flexib��ity by
allawing it to st�te �nather later d�te by which the cot�trdct will be let, so long such
alternative date is set f�rth in the ori�ictal. resvlutinn. The obviaus solurion to tht timin issue
in this case is to have the Council amend the reaolutiun o��lering the Projat and specifical statc
that the contr�ct on che Project will br 1Gt by no latcr than a pazticalaz datc in 1994.
Accordingly, we recommend unendin�; this reso]ution specifying that a dnt� in iate 1 4 by
which all or a� poriion of tlte contract for thc 1'roject will be let.
If the re�lulaon is amcnded aetting a date by which all ar a part�on of the contra{et will
be let on the Prajtx;t, therc is an issue about whether the Council would be requised t hold
ano[her hearin�. Mare spccificaa��lly, Minn. Stat. § 429.031, subd. 1 requires a hearin� fore
awazding a contract �or an impravement the purpose of which is to disclose "the general nature
oi the impr�v�a�tent, the cstimatcd cost, and the area praposed to be assess�cl." tf a h ng is
not held, it is not cIc�r whethcr the original resotution ordering the Yroject wauld "Iap ,"
-2-
�
The Council has already held the hearing which fulfills the putposes of
project, diselosing its estimated cost, and identifying the assessmcnt a��ea.
Ct�uncil does not hold another he�arin�� it is unlikely that thc resolutioe will "]apsc."
is no prejudiee co any party be�ause of the numb�r of hcarings previously hcld.
the patties' due process riglits and equal prottction rights have bccn protccted. Sec�
reasfln for the dctay in tha Projat is becausc thc City's engineers have determined th
� ..
f�vorable bids can likely bc obmined next year, thereby decreasiag the overall cost
Project. As a result, na economic pre�udice would accrue to ihe affected parties. Howf
�
proccdures set forth in Chapter 429 relating to public improvements and assessment of
thereof arc derived soley from legislative mandate and therefore must be strictly fi
Thercforo, if the City wishes ta eliminate, or at least minimize, the likelihood of any c
to the City's compliance with Chapter d29 on this issue, it may elect io hold another
Although wa see no material benefit ta the parties aPPecied by the Projcx;t' halding
hearing would clearly constitute strict eompiiance wi[h all statutory requirerncnt�.
Il�' i�iC
, if the
, there
iingly,
�d, the
t more
of the
er, the
�e cc,st
The second issue x'elating to the dmin� of the Ivy Creek Falls Project involves th� timiag
of certification by the city clerk of the ass�ssmcnt roll W thc county auditor. Although t�e City
has already adopted the assessmCnl roll for tho Project, a dclay in letdng the
determinin� the actual cost of the Project) may suggcst a delay in certifying the a
tv the county audi[ot. Morec�ver, wo undcrstand that some affectsd property
expressed an interest in prepaying thcir asscssments immediately.
SeCtion 429.061 requires that °thc first installment of each assessment shall be i
in the fllrst tau roll complcted aftcr its adoption and shall be payable in the same
t�xes contained th�rein. ..." However, Minn. Stat. § 429.061, subd. 3 provides that
-3-
b01 ' .--1 ��' ^ ' � " ' _
(and
roll
have
` as the
"if any
♦ J
�
c
installment and interest ha.c not been so ceRlfieG p�for to The year when it is dur, the �
forthwith cenify the same to the county audit�r f�r r,oltc��ion in the then succccding
if the municipaliry has issued improvtment warrants to financc tho impmvement, it shall
of its general funds inta tht fund of tlic improvement intcrest on the then unpaid
as�rssrnent for the ycar or yoars during which thc collection of such installment is
; shall
r; and
3y out
of the
itiP.d."
As a conscquence of this provision, it appears that certification to the county audito can he
dclayed, and the only pcnalty would be the City's payment of interest on the unpaid as�ce of
the asscssmcnt which was not collected if the City has issued improvement warrants to finance
the Project. We confirmed this interpreta6on through a telephone conversation with the Dakota
County Auditor's office.
Larry Shaughnessy has indicated that it xs likely that no City funds will be
the Froject before the second half of calendar year I994. As a result� the City may
delay certifying the assessment rolls to the caunty auditor until next year, with
assessments to commence in i995.
: . • � � : • .�
in ]i�ht of the prlor hearings held, the lack of economic prejudico to affected
the consideradon Eiven to tha due proccss and equal protec6on rights of affected
not believe there would be a mal�rial bencfit to holding anothcr public hearing for the
of amending the December 1, 1992 resolution ordcr the Projcct. However, the C
be awa.te that Chapt�r 429 has ban interpretcd to require strict compliance with its
As a re�ult, ttie Council may want to consider holdin� a public hearing before ar
rrsolution ordcring the Projcct as a way of minimizing the relatively small risk that ti
aclions would bo challengcd if no hearing is held. We believe it is reasonabie for thE
-4-
out on
0
of the
Ics and
we do
urpose
il must
isions.
ng the
City'S
^.ity to
atrtrrid ii� priur rrs�lulion urderinK t}ie Prvjrx;t wilhuut hvldin� a hearing in strict
with Minn. Stat. § 549.041.
Thare appcars to be no significant probtcm associatcd with dclaying ccrtificati n of thc
assessment mll to the county auditor until ncxt ycar and, thcrefore, also delaying until 994 the
deadline for prepayment of the assessments.
ACTYON REOUrit&D -
1. If the Council determines that the resolution ordering the Project s�ould be
amended without a public hearing, Council should �dopt the attached resolution.
2. Adopt the attached resolution providing iar certiticallon of the assessme t roll to
the county auditor in 1994 and estabIishing September 1, 1994 as the deadline for pre � ayment
of the assessment.
577:i2lil
-5-
yi
�I�y �� �eE'A(�0� �el�' lt.i
�}ako#� C��aaxty,l4�`ag�n�s�#�
�:�SU�L�J'IZOItT l�T�o 9�-
��E`SOLTJr'I'ICiN ACCEP'I'Il�tG F�ASIBI�G.[TY REi'ORT, ORDF;�tTNG
IlVIPItOVEM �I:N'� AND ]PItEI'ARA�'ION OF PLANS AND
SPECIFICATIONS Ft7R IVY FA►LIS C:REEg IMPItOVF.�'�V�itifT`S
(Il1�'ROVF"..1V�N� NO. 91, l�tU�ECT NO. b)
W�RTAS, a public hearing was held on the 1st day of L�ecember,1992 at 8: 0 o'clock
P.1VI. in the City Hall of fihe City of Mendata Heights, Minnesota pursuant to res.ol tion duiy
adapted by the City Council of the City of Mendota Heights on the question of the nopcysed
constiuctian of the following descri�ved impravements: •
The canst�uction of a storm sewer and drainage system iacluding appurten�
incidentals thereto and the acquisition of easements, situated in the City oi
Heights, Dakota County, Minnesuta, more pazticularly described as follows:
Wffi' i S, due publication of the notice of public hearing on said
constiuction has been attended to; an.d
WH�1tEAS, mailed notice of said hearing has be,en mailed more tl�an 1.Q
the ciate of said heazing to the owners of each parcel situated within the area pn
assessed, all in accordance with the agplicable Iviinnesota Statutes; and �
aad
before
ltobe
W�'.ItTA5, the City �uugineer has submitted his repart to the City Counc' that the
proposed improvement and construc�ion theren►f was feasible and desirable and further rted
on the pmposed costs of said impmvemen#s and construction thereof; and
WHEI2EAS, the azea. proposed to be assessed for said 'unprovements is si within
the City of Meadata Heights in Dakota County, Minaesota and is mare pa�ticu]�rly d ribed
as follaws.
i,�t i, Cla�pp Thomgson ivy i�ll; West 14U feet of �Ltit 1 Bauer's Acre I.ots
through 11, 14,15,16, aad 18 of Block 6 Ivy Falls Addition; 4utiat A, Lots 1
$, Block i, Lats 1 thraugh 5� BIOCk 2� Lots Ii 2� 13� 14r IS;� BIoCk 3 Of Ivy ]
Addition; Lots 16 and 17, Block 1, Ivy Falls West 2nd Addition, Mendota
Dakota County, Mumesota
and
1.GU'1C�,Q WHE1?.EAS, there is a likelihood of significant cost savings ii the project
is delayed ia the 1994 construdion season, Bids will not be taken no later than ;
�'�� �� 1994.
Lots T
r ��
m
1,
NOW TE�.ER�CORE, IT IS HERE$Y RFSOLVID by the City
of Mendota Heights, Minnesota as follows:
of the City
1. That it is advisable, feasible, expedient and necessary'that the City f IVlendata
Heigbts constnuct the above described improvements, and it is hereby � rdered that
said improvement be made.
2.
3.
�+���a��
�4.
�'�6�'
�
That the City Pngineer be and he is hereby authorized and direc�ted � to pm�are
plans and specifications far said improvement.
T'hat said impmvement shall hereafter be known and designated as
No. 91, Pmje�t No. 6.
Tha� the contract for all or a pazt of the vonst�uction of the abave '~ rovemen#s
will be let by no later than December l, 1994. '
Adopted by the City Cauncil of the City of Mendota Heights this 7th day of
Kathleen M. Swanson
City Clerk
• �
� - �:� r • �
sy
chauries B. Mextensutto, Mayor
1'�93.
City �af M[e�ndo� �eights
Tl�ko� Couaat�, llr�iaan�sot�
RESQ�U�.'ION NO. 93-
� � t � � � � t � � �� i� � �►� �
� � � . .: t .�� � � � �� .
i ! ` " ! hl .l�l � ' , • ! ! r
BE IT R,FSOLVED by the City Council of the City of Mendota Heights as
WHF..REAS, the City Clerk, with the assistance of the City Engiae�r, has ca1�'ulaied the
proper amount to be specially assessed for the costs with m�s�ect to Improvement NQ: 9� , Fmject
No. 6, the const�uc�ion of a starm sewer and drainage system iaeluding appurte�cas and
incidentals thereto and the acquisitioa of easements, situated ia the City af Mead ' Heights,
Dakata County, I��innesota, more paztic��arly descri6ed as foliows;
Lot 1, Clapp Thompson ivy Hill; West 144 feet of Lot 1 Bauer's Acre Za ; Lats 7
through 11, 14, ] 5,16, and 18 of Block 6 Ivy Fal1s Addition; Outlot A, Lots thraugh
8, B1ock l, I.ots 1 thmugh 5, Black 2, I.ots 1, 2, 13, 14, 15, Block 3 of Ivy alls 2nd
Adclit�on; Lots 16 and 17, Block 1, ivy Falls W'est 2nd Addition, Mendota Heights,
Dakota County, i4tinnesota.
'�YHL+'�tEA►5, at the December IS, 1992 meeting Council d� st�ff
assessments by ten percent (109&).
WHEREAS, the propased assessment roll has been on file with the Clerk and �
since its filing bas �been open for public ius��tion; and natice thereaf has be�n duly
and mailed as requiis�ed by law. Sai.d notice stated the date, time and place of such mi
general nature of #he unpmvement; the area pmpased ta be assessed; that the
assessment mll has been on file with the Clerk; and that written ar oral objections then
graperty awner would be considered; and
VYHI�'.REAS, said heazing was held at 8:00 o'clock P.M. ar as soon as
them,after, an Zluesday, February 16, 1993, at City Hall in the City of Mendota
lir�'Inne50td; attd
'W�E�S, the Council adopted the assessment roll as presented at the
1993 public hearing; and
WHEREAS, the conskruction of the impmvement will likely be delayed until
construciian season.
NOW TH "��RE�+Y3RE, BE IT +< BY I�►ESOLVED, this Cauncil, having r
necessary adjustments and carrec�ions, fmds that each of the 1ats, pieces and pamels
enumerated in the pmposed assessment mll was and is specially benefitted by the con;
► redace
all tirnes
�ublished
ting; the
�ropt�sed
o by any
16,
��1 �
`�
1994 � n _ _ _. .,.,.�
iade all
of ]and
� af said improvements in not Iess than the amount af the assessment, as cornected,
the description of each such lot, piece and gam,�l of land, respcxtively, and that suc',
set out is hereby Ievied against each of th� x+es�ctiv� lots, pieces and parcels of .land
criUed; and
BE IT FURTBER RESOLVED, that the proposed assessment rall as so c
hereby adopted and confiimed as the pmper special assessment for each of said lots,
parcels of land respectively, and the assessment against each pareel, together with int�
� rate of seven percent (7 %) per annum accniing on the full amount thereof fmm tu
unpaid, shall be a lien concumnt with general taaces upon such parcel and all thereof,
aznount of each assessment as to storm sewer and drainage system impmvemen�
payable in equal amounts extending aver a period of nineteen {19} years; the fi
installments, together with interest on the entire assessment cammencing thirty (3�)
the date of the official Ie#ter of assessment to December 31, 19�4, to be payable w:
t�ces far the year 1993, collectible in 1994, one of each of the remaining iu�stallment
with one year's interest on that and all other u�paid uis�ents, to be payable w;
� ta�ces far each consecutive year thereafter until the entire assessment is paid; and
�
�t oppasite
amount so
�.e�aa� des-
rrected is
ieces and
�est at the
e to t3me
The totat
sha11 be
t of said
ays firom
� general
together
i generai
,�'�� BE IT FURTHE,R RESOLVED, that the payment of assessment has been de yed fi�om
�, 4ctober 1, 1993 to September 1, 1994 and the owner af any Iot, piece or paz�cel of Ian assessed
�,�..� hereby may pay the whole af such assessmer�t by no later than September 1, 199 , without
' terest to tite City Treasurer, and
B� IT F`URTHER R,ESOLYED, that the C1erk shall prepare and transuut to e County
Auditar a certified duplicate of said assessment mll with each then unpaid ins ent and
interest set forth s�par�„te1y, to be e�ended upon the praper tax Iists of the County and the
Gounty Auditor shall there�r colled said assessments in the manner pravided by 1a� .
Adopted by the City Council of the City of Mendota Heights this 7th day of
� i
• • �:� � • • e:�
$y
Charles B. Mertensotto, M�atyar
: M il'.
Kathle�n M. Swansan, City C%rk
1993.
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