1993-12-071. Call to Order
2. Roll Call
��
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Q
7.
CIT3t OF MENDOTA �EIGHTS
DAKOTA COUNTY, Nt%NNESOTA
AGFsNAA
December 7. 1993 - 7:30 P.M.
Agenda Adoption
Approval of November 16th Minutes.
Consent Caiendar
a. Acknowledgment of the Building Activity Rep
November.
b. Acknowledgment of the November lOth Airport R
Commission Minutes.
c. Acknowledgment of the November 23rd Planning Co
Minutes.
d. Approval to Purchase Varda Alarm System.
e. Adoption of Delinquent Sewer Resolution -
RESOLIITION NO. 93-75
f. Adoption of RESOLIITION NOo 93-76 - Requesting
to be Utilized "Off System" to cover Mendota Int
Storm Water Costs.
g. Adoption of RBSOLIITIOI�T NO. 93-77 - Resolution D'
the Acquisition by Condemnation of Certain P
Drainage and Temporary Construction Easements.
•h. Authorization to Release Culligan Storm Water
Pond.
i. Approval of the List of Contractors.
j. Approval of the List of Claims.
End of Consent Calendar
Public Comments
8earinQ
a. Budget and Truth in Taxation Hearing - 7:45 P.M.
S. IIafinished aad New Busiaess
a. Case No. 93-27: Oskey - Wetlands Permit
b. Case No. 93-28: Heaver - Variance
rt f or
lations
ission
Funds
rchange
recting
rmanent
Holding
. c. Case No. 93-26s McDonald's Corporation - Condi ional
Use Permit - RESOLIITION NO. 93-78
d. Case No. 93-25: Deeb - Conditional Use Permit and �
Wetlands Permit -
RESOLIITION NOo 93-79
e. Discuss Northland Insurance TIF Agreement<
f. Discussion of Dodd Road/Highway 110 Area.
g. Discussion of Arndt Plat Trail.
h. Discuss Stop Sign Requests - ORDINANCE NO. 297
i. Review of Feasibility Report for Friendly Hills First
Addition - RESOLIITION NO. 93-80
j. Discuss Minnesota Public Lobby Funding Request.
k. Approval of 1994 CDBG Grant Approval and Discuss Date and
Time of Senior Housing Tour of Local Facility -
RESOLIITION NO. 93-81e
S. Council Comments
9. Adjoura to subsequeat Buclget and Truth in Taxation Heariag on
Wednesday, December 8, 1993 at 5:00 P.M.
a�,uxiliary sids for disabled persoas �re available upon request
at least 120 hours ia advance. If a notice of less than 120
hours is received, the City of Mendota Heights will make every
attempt to provide the aids, however, this may aot be possible
on short notice. Please coatact City Administration at
452-1850 with requests.
F�-
1� j
Page No. 3821
November 16, 199:
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, November 16, 1993
Pursuant to due call and notice thereof, the regular meeti
City Council, City of Mendota Heights, was held at 7:30 0'
at City Hall, 1101 Victoria Curve, Mendota Heights, Minnes
Mayor Mertensotto called the meeting to order at 7:30 o'cl
The following members were present: Mayor Mertensotto, Cou
Huber, Koch, Krebsbach and Smith.
AGENDA ADOPTION
Ayes: 5
Nays: 0
APPROVAL OF MINUTES
Ayes: 5
Nays: 0
Councilmember Huber moved adoption
revised agenda for the meeting.
Councilmember Smith seconded the m
Councilmember Krebsbach moved ap
minutes of the November 2, 1993
meeting as amended.
Councilmember Smith seconded the
� of the
ock P.M.
.a .
��k P.M.
ilmembers
f the
ion.
al of the
lar
ion.
CONSENT CALENDAR Councilmember Smith moved approval f the
consent calendar for the meeting, r vised to
move item 5f, Tharaldson Developmen , to the
regular agenda, along with authoriz tion for
execution of any necessary document contained
� therein.
a. Acknowledgment of the minutes o the
November 9, 1993 Parks and Recr ation
Commission meeting.
b.
c.
Acknowledgment of the
report for October.
Acknowledgment of the Public
Department monthly report for
s monthly
er.
d. Acknowledgment of the minutes o�f the
October 6, 1993 NDC-4 meeting. �
e. Acknowledgment of the Fire Depa�tment
monthly report fo'r October.
Page No. 3822
November 16, 1993
f. Approval of the continuation of the Skemp
stop sign request to the December 7th
meeting.
g. Authorization for the purchase of an IBM
compatible computer system with alternates
for the Administration department from
Spectrum Computer and Printer Repair,
Inc., for its low quote of $4,484.00.
h. Approval of the List of Claims dated
November 16, 1993 and totalling
$426,616.49.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
THARALDSON DEVELOPMENT Mr. Ken Scheel, from Tharaldson Development
Company was present to request approval for an
increase in the number of units which had been
approved for Tharaldson�s hotel. He explained
that Tharaldson has finalized its agreement
with Northwest Airlines and Northwest has
asked that a second spa, a second elevator, a
small kitchen and 8 rooms be added to the
plan. He explained that the plan which has
been approved provides a 50/50 mix of 12 foot
and 12'6" width rooms and Tharaldson now
proposes to accommodate the Northwest request
by having a standard room width of 12 feet and
by adding one bay to the building to provide
four additional units on the front of the
building and four on the back.
Mayor Mertensotto asked if the parking
requirements will change when the hotel
becomes a retail facility. Mr. Scheel
responded that he does not believe so because
in the initial site plan the parking area was
oversized and Tharaldson was asked by the city
to reduce the number of parking spaces.
Mayor Mertensotto pointed out that at such
time as the facility is opened to the public,
Tharaldson will have to appear before Council
for approval of a revised parking plan and
build parking according to that plan. He
stated that if the proposed building revisions
are approved, Council should adopt another
resolution showing the nature of the revisions
and delineating that all the terms and
conditions of the original resolution which
t
Page No. 3823
November 16, 199
� granted the conditional use permit hall
remain in full force and effect.
Councilmember Huber stated that dur
discussion on the conditional use p
Council had discussed the issue of
because Council does not want the f
include a restaurant when it become
hotel. He asked if the kitchen whi�
being proposed will have the capaci�
on a food service function.
Mr. Scheel responded that if the fa
becomes a full service retail hotel
kitchen�would be removed and a pool
its place. He suggested that this
be placed in the approving resoluti
Councilmember Huber stated that pro
service to a 125 room complex may r
proper docking for food service ve
Scheel responded that given the �
Northwest employees will flow in ar�
the building and the change over
shifts there will probably only be
and 70 people in the hotel at any g
About 2/3 would be occupied and 1/3
constantly shifting. He explained
Northwest will provide the food ser
mit,
kitchen
ility to
a retail
is now
to take
;ility ever
the
would take
;ondition
�n .
iding food
quire
cles. Mr.
out of
etween 60
ven time.
will be
hat
ice.
Mayor Mertensotto stated that the p oposed
resolution will include a requireme t that
public health requirement regarding food
service must be met.
Mr. Scheel responded that he is in he process
of preparing plans for submission t the
health department and will send a c py of the
application to the city when it is ubmitted
to the state.
Councilmember Smith moved to direct
prepare a resolution to allow the p
change from 117 to 125 units with t'
and conditions of Resolution No. 93
in full force and effect, a conditi
resolution to be that when the faci
longer used for contract purposes t:
of the owner will be to transfer th�
facility into a swimming pool, and •
amended building permit subject to :
approval of the plans and specifica�
staff to
�oposed
ie terms
•60 to stay
�n of the
.ity is no
ie intent
: kitchen
:o grant an
�eview and
:ions by
Page No. 3824
November 16, 1993
the Code Enforcement Department.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
PONDVIEW TERRACE Council acknowledged a petition from five
DRAINAGE (COHEN) property owners on Pondview Terrace for city
assumption of the responsibility for
maintaining an extension of a storm sewer to
provide access to interior lots on Pondview.
Council also acknowledged a copy of a letter
from Schoell & Madson, Inc., (on behalf of
Copperfield Associates) to selected bidders,
requesting bids for the installation of a
drain tile from Lot 4, Block 6, Copperfield
Third Addition to the public storm sewer, and
a copy of a letter from Schoell & Madson to
Lyman Lumber regarding the drainage problem
and recommended solution. Council also
acknowledged copies of the bids received by
Copperfield Associates and an application from
Brown & Cris, Inc., for a utility permit to
work on city right-of-way.
Mr. Phil Cohen, 644 Pond View Terrace, stated
that he built his home in 1988, during a
drought. He informed Council that now his
sump pump exhausts its 10 gallon drum every
ten minutes and in the winter there is nothing
he can do because the water freezes
immediately. He explained that he has worked
out an agreement with the developer of
Copperfield and his neighbors, and he reviewed
the recommendation of Schoell & Madson for
installation of a pipe to connect to the storm
sewer at the corner of Pond View Drive and
Waters Edge Terrace and be placed in the
drainage and utility easement along the back
line of Lot 5 to his property. He stated that
the portion of the pipe located on public land
will be available to all of the neighbors
should the need arise. He informed Council
that he is not asking for funds for the
project but rather for the city to maintain
the extension: He explained that if he had to
do the maintenance it would require him to
work on three lots plus the boulevard and
would require considerable cooperation which
he cannot guarantee. He further stated that
the pipe will provide access to the city's
storm sewer which he currently does not have.
Mr. Cohen stated that he would like to begin
construction but needs an agreement from the
Page No. 3825
November 16, 1993
city to ensure his neighbors' cooper�
that he is petitioning that the work
as a public improvement project. He
that the need to do the work now is
because of the weather, that he has
cooperation of his neighbors and the
and worinnen are poised to begin the
Mayor Mertensotto stated that freezi
major concern, and pointed out that
must have assurance from the Schoell
that the work will be done properly
the freeze-up problem is resolved.
stated that there should be easement
to allow the city to do maintenance
there should be a manhole. He point
that the city must have control over
be discharged into the pipe - Counci
not want it to become a discharge po
anything other than ground water, pa
no type of hazardous waste - and the
receive assurance from Mr. Cohen and
subsequent property owners. He expl
any owner who hooks into the system �
to sign an agreement binding them an�
successors to be responsible for the
discharge. He stated that the City ,
will have to prepare the agreement, ;
property owners' expense, to provide
nothing containing contaminates will
discharged, and Mr. Cohen would be r�
record the agreement at the County. I
Engineer Eckles reviewed the drawing
were prepared by Schoell & Madson.
explained that the plans show a mini
foot to just over five foot pipe dep
stated that in an easement area this
would typically avoid freeze-up. He
out that there was some discussion i
report that the grade may be changed
to avoid utility lines. He informed
that the city must receive assurance
line will be no less than five feet
protect against freezing, and stated
pipe should be as deep as possible.
Mayor Mertensotto agreed, stating
pipe should be at least five feet
six feet would be preferable.
Mr. Cohen stated that there is a g
must be maintained and he will try
pipe as deep as possible.
tion and
be done
stated
developer
roiect.
,g is a
'ouncil
& Madson
o that
e also
granted
nd that
d out
what will
would
nt for
ticularly
city must
ined that
�ould have
their
type of
ttorney
t the
that
be
auired to
which
�um f our
h. He
depth
pointed
the
somewhat
Council
that the
eep to
that the
t the
p, but
which
keep the
Page No. 3826
November 16, 1993
Mayor Mertensotto asked what the fall on the
line must be. •Engineer Eckles responded that
it must be a minimum of a 1� grade and in this
case it is 1.6�. He explained that the
steeper the grade is, the faster the water
flows. He stated that the pipe depth is
limited by the catch basin and storm sewer,
which is about five feet deep. He stated that
freezing in the storm sewer does occasionally
occur but is seldom a problem. He informed
Council that he believes there are other cases
where people are dumping into the storm sewer
and he is not aware of any problems.
Councilmember Smith stated that there must be
some general pattern that is followed for
dumping from sump pumps. She further stated
that Council must make sure that what is done
for Mr. Cohen can be done for others as well.
Mayor Mertensotto agreed, stating that Council
must be sure that the system will work
properly. He suggested that Schoell & Madson
be requested to give the city a letter
regarding what experience it has had with
freeze-ups, and assuring that the line will e
deep enough to avoid freeze-up.
Councilmember Smith asked Mr. Cohen if he
would be willing to accept that the city will
not take responsibility if the system backs
up. Mr. Cohen responded that he would.
>
Mayor Mertensotto stated that the would rather
see that the system is properly engineered and
that Council must know up front that it will
work properly. He informed Mr. Cohen that the
city will not be responsible for any freeze-up
problems.
Attorney Hart stated that one way of dealing
with the matter would be to exempt the city
from any liability based on the engineered
plan or damage from freeze up. Mr. Cohen
agreed with the recommendation.
Councilmember Huber stated that Council should
require a letter from Schoell & Madson on
where they are using the system currently and
how it works. He asked if more manholes
should be �equired.
Page No. 3827
November 16, 1993
Engineer Eckles responded that two
are shown on the plans. He recomm
one more, on the Lot 1, Block 6 pr
stating that the city requires a c
every 100 feet if public improveme
Mayor Mertensotto informed Mr. Cohe
the contractor that the city street
returned to its original condition
construction is completed.
Mayor Mertensotto reiterated the co
which would be required,
from Schoell and Madson; an additio
out; and preparation of a developer
by the City Attorney, in recordable
at the expense of the property owne
including the expense of recording.
that until the agreement is signed �
recorded and a letter is received f:
& Madson, the city will not provide
maintenance.
Attorney Hart stated that he will
names of all parties to the agree
legal descriptions of the propert
Councilmember Smith moved to approv
request by Mr. Cohen and the Pond V
property owners for the installatio
drain tile improvement to serve Lot
6, Copperfield 3rd Addition, subjec
conditions discussed this evening,
include entering into a developer's
in recordable form binding current
owners with respect to discharge, r
the city of a letter from Schoell &
that any changes recommended by the
Engineering Department be made, and
understanding that the city will no
responsible for maintenance until t
developer's agreement is recorded a
conditions have been met.
Councilmember Koch seconded the mot
Ayes: 5
Nays: 0
inholes
led adding
:rty line,
�n out
projects.
to tell
iust be
`ter
�itions
.1 clean-
.greement
'orm and
He stated
�d
�m Schoell
d the
, and the
the
w Terrace
of a
, Block
to the
ich
�d future
:eipt by
:adson,
'ity
�ith the
be
all
HEARING: STREET LIGHT Mayor Mertensotto opened the meetin for the
DISTRICT EXPANSION purpose of a public hearing on an e pansion of
the city's street light district. ,�
4ourcil acknow3edged a repo�t from
sh�yghnessy regarding a petition r
reasurer
eived from
Page No. 3828
November 16, 1993
Northland Properties and Big Wheel to include �
the former MAC area in the district.
Mayor Mertensotto asked for questions and
comments from the audience.
Mr. Martin Valencour, 2085 Valencour Circle,
asked if his property would be included in the
district.
Treasurer Shaughnessy responded that it is
not, stating that the district would extend to
Acacia Boulevard.
Mr. Valencour stated that he would like to be
included if possible, stating that he would
like to have the light at T.H. 55 and Acacia
Boulevard put back. .He was concerned over the
lack of lighting at the intersection of the
new bridge, Acacia Boulevard and his road.
Treasurer Shaughnessy explained that the
district can be expanded at any time upon
receipt of an appropriate petition, but that
the property must be zoned commercial or
industrial.
Staff was directed to contact Mn/DOT and to
see what can be done to resolve Mr.
Valencour's concern.
There being no further questions or comments,
Councilmember Huber moved that the hearing be
closed.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
Councilmember Huber moved adoption of
Ordinance No. 296, "AN ORDINANCE EXPANDING
COMMERCIAL STREET LIGHTING TAX DISTRICT IN THE
CITY OF MENDOTA HEIGHTS."
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
FRIENDLY HILLS STREET Council acknowledged supplementary feasibility
IMPROVEMENTS report from Engineer Eckles regarding the
- proposed Friendly Hills street improvement
project. Council also acknowledged numerous
letters and petitions for and against proposed
improvements.
Mr. Rich Wold, 754 Mohican Lane, urged Council
to look at the petition and letters which he
Page No. 3829
November 16, 1993
felt show that the majority of peopl�
area oppose total reconstruction.
in the
Councilmember Huber responded that t e staff
report indicates that the owners of 24
properties oppose the project and 60 support
it.
Mayor Mertensotto stated that he fee
reconstruction is best and expressed
feeling that the cost is the real un
factor, particularly in view of the
school district bond referendum. He
there is a distinction between the s
Friendly Hills and pointed out that
from the First Addition property own
about evenly pro and con. He recomm
nothing be done in the Second and Th
Additions at this time and that Coun
consider the First Addition as a sep
project area, waiting until after th
the year to see what the real estate
situation looks like. He suggested
Council consider a feasibility study
First Addition some time after Janua
stating that he believes that improv
the First Addition would be an examp.
neighborhood.
Mr. Wold responded that it is impor
recognize that the first and second
property owners do not want to be f
and that those additions need stree�
improvements. He asked when the tw�
would be considered for street impr�
Mayor Mertensotto pointed out that r
from those property owners have been
one against the reconstruction proje
that he felt doing just an overlay p
would be dumping $1,500 per lot "dow
drain." He informed Mr. Wold that t
property owners can submit a petitio
improvements at any time. He stated
city has prepared a detailed analysi
whether to do the improvements or no
he would hate to do a project to imp
streets and then find that the money
wasted.
s full
the
erlying
pcoming
felt that
ctions of
esponses
rs were
nded that
il
rate
first of
tax
hat
for the
y 1,
ments in
e for the
t to
dition
otten
additions
sponses
two to
t and
oject
the
for
that the
of
and that
ove the
has been
Engineer Eckles reviewed the differe ces
between a simple overlay project and full
reconstruction.
Page No. 3830
November 16, 1993
Councilmember Huber stated that if Council
were to go ahead with First Addition
improvements, he would prefer that those
improvements be done first so that Council can
see how it turns out and what the costs are,
and wait to do something with the other two
additions. He stated that the earliest
anything could be done in the second and third
additions would be 1995.
Mayor Mertensotto stated that if there is a
neighborhood concern for improvements, nothing
can be done until 1995. He pointed out that
the First Addition has demonstrated that it
can be separated, if it is economically
feasible. He acknowledged a letter from James
Losleben a requesting Hazel Court overlay and
a response from the city staff. He stated
that Council should advise the Hazel Court
property owners that if they are interested in
an overlay they should petition for it so that
it can be included in the 1994 construction
year. He informed the audience that Council
has also received a petition for street
improvements from the Curley Addition.
Councilmember Huber stated that when Council
last met there was strong written opposition
to reconstruction. He informed the audience
that while he stated last meeting that he was
leaning towards voting against reconstruction,
there are now 60 property owners who are
asking that something be done. He felt that
if just an overlay were done Council would be
telling those 60 property owners to come back
in 20 years to ask for reconstruction. He
explained that the rationale he sees in
waiting for the second and third additions is
simply to see, before Council commits itself
to a decision the neighborhood will be stuck
with for 20 years, if the opinion of property
owners will change after they see first
addition improvements.
Mr. Wold expressed the concern that costs will
go up considerably in two years.
Councilmember Smith agreed that it is
essentially a 20 year decision. She pointed
out and there are water problems in the area
and that while Council cannot envision that
storm sewer will correct all of the water
problems, it would certainly improve the
situation. She stated that she is encouraged
r
Page No. 3831
November 16, 199
to find out that if storm sewer is
sump pumps connected to it. She al
appropriate to delay a decision to
time to assess the real problems, a
that there is a clear indication fr
first addition to do the reconstruc
project. She stated that she has m
for those who don't want the improv
they do not change their minds afte
time to think about it. She furthe
that she cannot support a simple ov
project at this time.
Councilmember Huber stated that muc
information has been received in th
meetings and that he would like the
opportunity to make sure that all o
are correct. He pointed out that t
meeting largely discussed aesthetic
weeks ago, much of the focus was on
problem. He pointed out that the d
major and suggested that perhaps an
opportunity can be given to residen
intervening time to meet with city
answers to their questions and for
and education.
Mayor Mertensotto felt that it woul
inappropriate for Council to malce a
for the second and third additions
be a 20 year decision. He suggeste
to see what develops if the first a
improvements are done and are succe
stated that Council does not want a
get the impression that urban stree
storm sewer will solve the basement
problems, but discharging sump pump
storm sewer system would be helpful
informed the audience that Council �
conduct a public hearing on propose�
addition improvements.
Councilmember Krebsbach stated that
not want to adversely impact the re:
Friendly Hills in terms of no streei
improvements. She further stated tt
would like to set a target date to :
those additions again. She felt th�
first addition streets are in the bE
although they have water problems nE
storm sewer, and stated that she woi
give the property owners an opportui
respond.
ailable,
felt it
low more
stated
the
on
h respect
ents if
they have
stated
lay
last two
the facts
e f irst
and two
the water
cision is
s in the
taff for
nformation
. be
decision
hat would
waiting
dition
sful. He
yone to
s and
water
into a
He
ould
first
she would
t of
at she
ook at
t the
st shape,
tld like to
iity to
Page No. 3832
November 16, 1993
Mayor Mertensotto stated that staff needs to
know its work load for 1994, but that nothing
would stop any Council member from raising the
issue of second and third addition
improvements again.
Councilmember Krebsbach stated that she was
going to recommend that Council wait for a
rainy season for the neighborhood to look at
how the run-off is.
Mayor Mertensotto pointed out Council has
received a petition for the city to address
surface water problems in the First Addition.
Mr. Ken Radke stated that when he circulated
the petition he found there were more water
problems in the addition than he had realized,
and spoke to a woman who said she had spent
$30,000 on water problems in her house.
Councilmember Krebsbach felt some of the other
streets in Friendly iiills are much more in
need of repair. She stated that she would
hate to see street improvements put off until
the summer of 1995. She stated that she would
like to wait until after a full rainy season
and revisit the matter in late summer of 1994.
Mayor Mertensotto responded that he does not
believe Council has a choice because the
property owners are telling Council to do
nothing.
Mr. Wold stated that perhaps the second and
third addition property owners should continue
to talk so that some improvements can be done.
Engineer Eckles stated that when staff looked
at the project as a total reconstruction
project, in all cases it was assumed that it
would take two years to complete unless only
an overlay was ordered. He explained that
staff anticipated that only about $1 million
of work would be done in a year if total
reconstruction were ordered.
Councilmember Krebsbach recommended setting a
date to again look at the entire Friendly
Hills community next summer.
Councilmember Huber stated that he would be
disinclined to set a date tonight because he
would rather make a decision on the second and
WAKOTA BRIDGE
third additions
improvement is
an opportunity
experience is.
Page No. 3833
November 16, 199
after the first add tion
completed so that pe ple have
to look at it and se what the
Mayor Mertensotto stated that stafflis advised
that Council is considering revisit ng the
issue in April or May. He directe that an
article be included in the next cit
newsletter regarding what Council's general
thought process has been for the th ee
additions and that Council is consi ering
doing two separate projects and con ucting a
public hearing around May 1.
Councilmember Krebsbach stated that
like to push the date back until af
rainy season. She further stated t
would support looking at the first
separately based on the response fr
property owners but would not suppo
the other additions.
Administrator Lawell stated that ev
there has been discussion over not
project for the two additions at th
staff will continue to fill pothole
routine maintenance on the Friendly
streets.
Mrs. Rued stated that there have be
large tax increases over the past f
the result of vandalism at Sibley,
referendum, etc. She asked if it w
possible to install storm sewer wit
and gutter. She further stated tha
reason the basements are wet is bec
Friendly Hills was built on a swamp
Mayor Mertensotto stated that sur
curbs do not work. Councilmember
that she would be willing to look
design options.
she would
er the
at she
ddition
m the
t dropping
though
nq a
..� ..�.,....,
and do
Hills
several
�ur years,
he park
uld be
out curb
the
use
table
h stated
different
Councilmember Huber stated that it ust be
made clear to the residents that Co ncil does
not represent that storm sewer will correct
drainage problems.
Council acknowledged a memo from th City
Administrator regarding the I-494 W kota
Bridge planning process, and inform'ng Council
that the Wakota Bridge Coalition ha requested
support from the city for the Coali ion's
�
Page No. 3834
November 16, 1993
application for a grant from the Board of
Government Innovation and Cooperation.
Mayor Mertensotto stated that he sees nothing
wrong with adopting a resolution to support
the application.
Councilmember Smith pointed out that adoption
of the resolution does not imply any future
financial support by the city.
Mayor Mertensotto responded that he and
Administrator Lawell have informed the
Coalition that there are many demands on city
funds and that the Coalition would not be a
priority.
Administrator Lawell stated that it will be
made clear in the cover letter transmitting
the resolution that it was a condition of
Council approval that there be no implication
of future financial support by the city.
Councilmember Krebsbach moved adoption of
Resolution No. 93-74, "A RESOLUTION IN SUPPORT
OF AN APPLICATION TO THE BOARD OF GOVERNMENT
INNOVATION AND COOPERATION FOR A GRANT TO FUND
THE PLANNING FOR THE CONSTRUCTION OF A NEW
WAKOTA BRIDGE."
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
AIRPORT SITE Council acknowledged a memo from Administrator
' Lawell regarding the new airport site
selection process and response to the
Alternative Environment Document. Council
also acknowledged an excerpt from the minutes
of the November 10 Airport Relations
Commission meeting.
Mayor Mertensotto stated that Administrator
Lawell feels inquiry should�be made because
the draft environmental document talks about
expanding the traffic lanes on the I-494 and
I-35E bridges and that his second concern is
what the gateway to the alternative site would
be.
Administrator Lawell stated that no one can
contend that a new airport in southern Dakota
County will not be of benefit in terms of
noise, yet it is only fifteen miles away from
Mendota Heights, and he is concerned about
. .
Page No. 3835
November 16, 199
where traffic lanes will be in the uture and
would hate not to make a comment on it.
Councilmember Krebsbach suggested t�iat Council
ask for an opinion from Stuart Henn ng. She
felt that the best solution is for ir noise
to be abated by updating aircraft. She stated
that she would like more time to re ct to the
document.
Administrator Lawell stated that in
written response to the MAC, the ci
asking for further clarification of
the issues. He stated that he woul
recommend taking a position on whet
Council is in favor of a new airpor
recommended that Council direct sta
submit a letter asking for further
clarification of the items containe
memo.
It was the consensus to direct
Lawell to draft the letter as
LMCIT Council acknowledged a memo from
Shaughnessy regarding a $7,500 in
premium for the city's liability
•' � direction on whether to apply for
� liability coverage of $1,000,000.
LMC POLICIES
Mayor Mertensotto stated that he wo
recommend an expenditure for the ex
coverage and that he does not belie
has the exposure that would warrant
its
y would be
some of
not
er or not
. He
f to
in his
tor
e in the
ance and
ss
ld not
ess
e the city
it.
Treasurer Shaughnessy stated that i the
statutory limit of $600,000 is chan ed, the
city will have ample time to purcha e excess
liability.
Council acknowledged the 1994 Leagu of
Minnesota Cities draft legislative olicies
and an associated memo from the Cit
Administrator, along with a draft 1 tter from
the Administrator to the LMC in res onse to
the proposed policies.
It was the consensus to submit the �etter to
the League as drafted.
Councilmember Krebsbach informed Coi
at the recent ANIlK policy meeting sh�
Council's concern over the proposed
a gas tax increase.
�ncil that
expressed
�policy on
Page No. 3836
November 16, 1993
COUNCIL COMMENTS Mayor Mertensotto directed staff to inquire of
the League of Cities as to whether any cities
have adopted ordinances to control open
storage.
Councilmember Krebsbach agreed, stating that
open storage is occurring both in residential
and commercial areas and that she would like
Council to adopt ordinance requirements so
that the city has some leverage. She also
asked if something can be done about noise and
private lighting in residential areas.
Administrator Lawell stated that there are
ordinance provisions for lighting and that the
city has adopted the PCA standards for noise.
Councilmember Smith asked that staff check on
the lighting at the utility building in
Kensington Park. She stated that the existing
lighting is not shielded.
Administrator Lawell informed Council that
Mn/DOT has notified the city that it will look
into installing a stop light at Mendota
Heights Road and Dodd Road and will soon begin
a process of ineeting with area residents and
representatives of Visitation, St. Thomas and
the city. Councilmember Smith stated that she
would like to be a city representative.
ADJOURN There being no further business to come before
the Council, Councilmember Huber moved that
the meeting be adjourned to a work session for
discussion of the community survey results.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 10:10 o'clock P.M.
ATTEST:
Charles E. Mertensotto
Mayor
Kathleen M. Swanson
City Clerk
ti : t ,J
T0:
FROM:
SUBJECT:
MEMO
Date: 11-26-93
Mayor, City Council, and City Administrator
Paul R. Berg, Code Enforcement officer �'o� �*
euilding Activity Report for November 1993
CURRENT MONTH
YEAR TO DATE 93
YEAR TO
92
BUILDING � I
PERMITS: No. Valuation Fee Cotlected � No. Valuation Fee Collected � No. Valuatio Fee Collected
� � �
SFD 7 1,228,023.00 10,452.77 � 78 13,025,915.00 106,067.96 � 122 19,850,575. 0 171,838.28
APT 0 0 0 � 0 0 0 � 0 0 0
TONNHWSE 0 0 0 � 0 0 0 � 5 669,391. 0 6,251.92
CONDO 0 0 0 � 50 4,701,885.00 32,280.63 � 133 9,458,709. 0 57,502.56
MISC. 21 196,971.00 3,309.28 ( 291 2,230,735.00 37,655.47 f 286 3,036,45T. 0 33,611.73
C/I 5 69,650.00 1,076.35 � 61 6,157,613.00 48,218.53 � 52 6,193,239. 0 36,096.50
-------------------------------------------+------------------------------------+------------------ ----------------
Sul� Total 33 1,494,644.00 14,838.40 � 480 26,116,148.00 224,222.59 � 598 39,208,371. 0 305,300.99
� �
� �
TRADE i I
�PERMITS•
� � (
Plunbing 19 662.00 � 205 8,229.00 � 300 33,847.00
Nater 18 90.00 � 146 730.00 � 279 1,435.00
Sewer 16 280.00 � 139 2,432.50 � 259 4,532.50
Heat, AC, � I
& Gas 29 1,146.00 � 291 18,562.50 � 401
-------------------------------------------+------------------------------------+------------------
St� Total 82 2,178.00 � 781 29,954.00 �1239
� �
� �
Licensinq• I �
Contractor�s � (
Licenses 9 225.00 � 340 8,500.00 � 318
-------------------------------------------+------------------------------------+------------------•
Total 124 1,494,644.00 17,241.40 �1601 26,116,148.00 262,676.59 �2155 39,208,371.(
NOTE: All fee �aunts exclude Sac, 41ac, and State Surcharge. Amounts shown will reflect only permit,
valuation amoimts.
43,907.50
-----------------
83,722.00
7,950.00
-----------------
0 396,972.99
an check fee, and
CITY OF MENDOTA HFIGHTS
DAROTA COUNTY, MINNESOTA
AIRPORT RBLATZONS COMMISST4N MII�R?TLS
NOV�ER 10, 1993
The regular meeting of the Menda�.a Heights Airpor� R
Cammission was held on Wednesday, November i0, 1993, in
Council Chambers, 1101 Victoria Curve. The following memb
present: Beaty, Stein, Fi�Z83Cr Leuman and Qlin. Comm
Olsen was excused. Commissioner Healey was absent4 A1so
were City Administratar Tom Lawell and Senior Seeret
Blae�er.
�PRov� o� �szrluzss
It was the consensus of the Airpor� Rel.ations Cammiss
the October 13, 1993 Minutes be approved.
<
NE� AIRPORT SITS SELFsCTION
Administratar Lawell e�lained tha� the Me�ropalitan
Commission (MAC) has identified Site No. 3 as the p
airport site which is proposed to be located east of
of Vermillion, southwest of the City of Has�.ings and s
of �he Vermillion River. He e�lained that State
require that an airport be located an equal. distance
cities of Minneapolis and St . Paul . He fur�her e�alai
the proposed runway orientation (northwest to �outhea
be similar to the existing airport runway system.
Lawell explained that o� the seven potential sites co:
in the scoping process, four were el.iminated. from
con�ideration. He explained that Site No. 3 wa� ident
the pre�erred site partialiy because it would have I,es
on �he City of Hastings. He e�cplained that Site No.
have more adver�e noise impacts, and p].ace more constr
the ability of Hastings to expand because of �he ari
and location oi the runways.
Lawell explainecl the Draft A1.ternative Environmental]
{AED} a�tempts to identi�y the specific anticipatf
impacts for Site No. 3, including Ldn and L�.065 noise �
and flight tracking iniormation. He stated that t�
impacts experienced by Mendota Heights wou].d be
decreased a� a result of moving the azrport. He sta'
the iniormation on Ldn and L1065 onZy describe� t
intense noi�e events closest to the airport. Comm:
Leuman inquirecl wha� the diatance �ram Mendata Iieight
proposed new airpor� locatian site is. Lawell �tated
State Capitol is 1.oca�ed 18 miles north af the l+
Commissioner Fi�zer sta�ed �hat the airplanes cauld be
ations
e City
s were
sioner
resent
'v Ki.m
hn that
rparts
ferred
e City
theast
atutes
om the
�d that
) will
idered
'ied as
impact
would
.nts on
tation
cument
noise
ntours
noise
reatly
d that
: most
sioner
to the
.at �he
ation.
oughly
Airport Relations Commission
November 10, 1993
Page 2
5,000 - 7,000 feet above Mendota Heights at the time of
approach. Lawell stated that this would be a vast improvement
compared to what Mendota Heights is currently experiencinge
Commissioner Fitzer stated that final approach begins around
10 miles from destination. Lawell stated the City should
request that the MAC provide additional information regarding
flight tracking within 15 miles of the new airport, including
data on altitude and frequencye
Lawell briefly reviewed a map indicating road access impacts
associated with the new maj or airport site . He explained that
with the placement of the new airport in southern Dakota
County, the airport would substantially impact through traffic
in and around Mendota Heights. He stated that it will be a
monumental job to service a facility of this scale.
He briefly explained the ground access impacts which will
affect Trunk Highways 55 and 149, Interstates 494 and 35E and
the Mendota Bridge. Lawell also stated the document does a
disservice to the City by not indicating traffic count data
for certain key trunk highway segments located within Mendota
Heights (TH 149 north of I-494 and TH 110).
Lawell stated the AED also reviews various road and bridge
widths which would require expansion in order to accommodate
traffic dema.nd. He stated the Mendota Bridge is currently
being renovated but is intended to remain as f our- lane bridge .
According to the AED, the bridge would need to be expanded
from a four lane design to a six lane design to serve the new
airport. Lawell explained that TH 55 from the Mendota Bridge
to I-35E would need to be expanded from two lanes to four
lanes. He further explained that the I-35E Bridge over the
Mississippi River would need to be expanded from a four lane
design to a six lane design.
Lawell stated that the section of I-35E from the Mississippi
River to I-494 is not discussed within the AED. He further
stated that with the increase of traffic on these highways
also comes increased noise impacts to City neighborhoods. He
stated that this is an issue which should be reviewed further.
In response to a question from Commissioner Stein,
Administrator Lawell stated there is a light rail transit plan
for Dakota County which has been designed to begin out of St.
Paul and follow Highway 3 to I-494 west to the Industrial Park
in Eagan. He further stated that the Mendota Bridge is not
designed for a light rail transit system. Commissioner Leuman
stated access to Minneapolis needs to be improved.
Airport Relations
November 10, 1993
Page 3
Administrator Lawell stated he has been in contact wit
County Officials who are also preparing a statement r
the AED. He stated the County is concerned about
rail and/or light rail transportation would play in s
the new airport location. He stated the County
concerned about environmental impacts associated `
location of the new airport, in particular, the possiY
drinking water contamination.
It was the consensus of the Airport Relations Commi
recommend to the City Council that formal comments r
the Draft Alternative Environmental Analysis be forw
the MAC to address the following concerns:
1. Proposed air traffic control procedures 10-20 mi
the new airport may establish an arrival or d�
"gate" in the Mendota Heights area. More
information should be requested regarding the f:
and altitude of aircraft overflights.
ssion
Dakota
�arding
ie role
:vicing
s also
th the
Lity of
ion to
arding
ded to
es from
detail
quency
2. Substantial roadway capacity improvements will b needed
� to serve the new airport, including the expansi of TH
55, TH 110, TH 149, I-35E and I-494. Further inf rmation
is needed regarding the impact these roadway an bridge
expansion projects will have on Mendota Heights.
�
U
3. The AED does not adequately describe the role rai and/or
light rail transportation will play in serving he new
airport location. Further information is neces ary to
evaluate what, if any, impacts this will have on endota
Heights.
I�TDOTA BEIGHTS/EAGAN CORRIDOR ISSIIE
Administrator Lawell explained that air traffic vol !es have
changed a great deal since 1943 when the Metropolitan irports
Commission was established by the State Legislature. Lawell
briefly explained the FAA Tower Order dated May 30, 19 3 which
restricted the use of departure headings south of 11 runway
heading.
Administrator Lawell briefly explained the Braslau/ ollette
Study which proposed the fanning of airplanes equally ver the
Cities of Mendota Heights and £agan. Lawell stated t at the
City of Eagan was not in favor of the proposal.
Lawell explained that from August 15 to October 15, 1991, the
MAC conducted a 60 day test of a revised flight corrid r which
utilized only a 15 degree cone of air space. He e lained
that the MAC had assured the City that the procedures would
ti
Airport Relations Commission
NOVeIrib@z' 10 � 19 � 3
Page �
significan.tly reduce air noise within NTendota Heights by
routing depar�ures over i�he athletic fields at St. Thomas
Academy. Lawell stated that the test did not adequately
restrict aircraft �o this area, and that departures continued
to directly overfly Roger's Lake, Friendly Hill�, Delaware
Crossing, etc. neighborhoodsd Commissioner Fitzer stated that
he knows the test was never opera�ed as the tower gave
instructions to the pi.lots to depart as they normal.ly did.
Commis�ioner Beaty inquired if there is a way the City could
push the pl.an �urther. He further inquired who "palices" the
research. Adminis�ratar Lawell responded that in �.he past the
City had to take the "word" oi the MAG that such stuciies were
appropriately conducted. Lawe11 �tated �.hat the ANOMS is a
much more re].iable da�a source as it is tied clirectly to the
FAA radar system.
Commisaioner Fitzer noted the
the tower assigned departure
track �1own by the aircraft.
need ta differentiate between
heading and the ac�ual ground
A brief discussion ensued regarding ground tracking procedures
at MSP and other airparts in the coun�.ry and which airplanes
are capab3e of flying a precise ground track. Con�na.ssioner
Fi�zer ata�ed tha� rough�.y 1/2 of Northwest airplanes are
capable of ground tracking,
In respon�e to a que�tion from Commis�ioner Leuman,
Administrator Lawe11 s�ated there is approximately 3200 �eet
of separation between runways. Lawell stated �here will be a
new radar system installed which will provide the capability
of dual l.andings during inclement wea�her. Mr. Leuman
suggested �hat staff shoul.d contact different regions in the
country whose runway systems are similar �o MSP and �ind out
what their procedures for landings are.
NIGBTTIME FLIGHT RSSTRICTIONS
Admini�trator Lawell explained the FAA Integrated Noise Model
{��} considers an.y noise event occurring between 14:04 P.M.
and 7:p0 A.M. as a nighttime noise event.
Lawell expl.ained that with the ANOMS noise monitoring system,
the Ci�y now has access to much better data regarding
nighttime operations. Lawell stated there are voluntary
agreements a.n place be�ween the MAG and air carriers operating
aut of MSP. Lawell stated that through the AN4MS report, the
City is able to track cargo carriers and passenger carriers
who have voluntaril�r agreed to only fly Stage 3 aireraft
be�ween 11:00 P.M, and 6:00 A.M.
.► �:
Airport Relations Comm'ssion
November 10, 1993
Page 5
The Commisaion discussed the various types of Stag 2 and
Stage 3 aircraft and the installation of °hush-k ts" to
upgrade older Stage 2 aircraft to Stage 3.
In response to a question from Commission Stein, Comm'ssioner
Fitzer stated aircraft which have been modified, and are in
the air, cannot be identified as a modified plane f om the
ground.
The Commission reviewed nighttime flight tracking
September 1993 which showed 75 departures off R�
compared to 10 departures off Runway 11L. Lawell
that as part of the Blue Ribbon Corridor T�
recommendation, MAC was to insure that nighttime dep�
flown down the center of the Mendota Heights/Eagan
He further stated that this haa not yet been implen
staff will contact MAC to determine the status
departure procedure.
Commissioners Leuman and Beaty both commented about
plane�departing MSP at 5:30 A.Ma on a daily basis.
LONG'TLRM COMPREHSNSIVE PLAN
ta for
3v 11R
Force
ures be
rridore
ted and
�f this
noisy
Administrator Lawell explained that the City has been invited
to serve on a Technical Committee established by the C. He
explained that this committee will provide input and r view of
work done on the MSP Long Term Comprehensive Plan.
Lawell explained that the preferred expansion of he MSP
airport would include adding a north/south runway, rep acement
of the west terminal, removal of terminal and arking
facilities from the area between the Gold and Green Co courses
and replaced with aircraft parking gates and au omobile
parking facilities would be constructed on top of he new
terminal.
Lawell explained that the Cities of Richfield and Mi eapolis
are not happy with this particular concept. He stat d that
the City of Richfield does not like the orientation of the new
runway and the City of Minneapolis would prefer .the ai ort be
moved altogether.
He stated the City of Bloomington likes this paz
concept rather than extending Runway 4/22. In respor.
question from Commission Leuman, Lawell stated some
would be removed due to the safety zone criteria.
icular
e to a
hotels
� •- S
Airport Relations Commission
November 10, 1993
Page 6
In response to a question from Commissioner Beaty, Lawell
stated that with the construction of a new north/south runway,
homes predominately to the south will be removede
In response to a question from Commission Leuman,
Administrator Lawell City officials will be attending a Long
Term Task Force meeting on December 14the
Lawell explained that four consulting firms have been hired by
the MAC to assist in updating the MSP Long Term Comprehensive
Plan. Lawell explained that Mr. Braslau is doing the air
quality work on this project for the MAC.
• � • ��; �r4� ��Nti
There being no further business, the Commission adj ourned its
meeting at 10:15 o'clock P.M.
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary
: �,
CITY OF MENDOTA Hi32GHTS
DAKOTatii COIINTY, MINN�SOTA
PLAI�TNING COl►Il�SISSION MINII'PES
NOVEMB]3R 23, 1993
The regular meeting of the Mendota Heights Planning Commis
held on Tuesday, November 23, 1993, in the City Hall
Chambers, 1101 Victoria Curve. The meeting was called to
7:30 o'clock P.M. The following Commission members were
Koll, Dreelan and Duggan. Commissioners Tilsen, Dwyer, F
Hunter were excused. Also present were Public Works Dire
Danielson, Planning Consultant John Uban, Administrative A
Revin Batchelder and Senior Secretary Rim Blaeser.
APPROVAL OF MINIIT}3S
Vice Chair Duggan held over the approval of the Oc
1993 minutes until the December meeting when there
a quorum.
The Planning Commission decided to proceed without a
that each case could be reviewed.
CASE NO.
OSKF3Y -
4�ETLANDS
93-27:
Pi3RMIT
Mr. Tim Oskey, of 671 Apache Lane, was present to dis
request for a Wetlands Permit to allow the construct
thirty-six inch (36") high fence to within fifty-f:
(55') of the wetlands.
Mr. Oskey explained the proposed fence will close
property line. He further explained the
constructing the fence is to keep his children
wandering out of his yard.
off
and
Lacking a quorum, the Planning Commission moved to
that the City Council approve a Wetlands Permit to
thirty-six inch fence to within fifty-five feet
wetlands as proposed on the applicant's site plan.
DISCi'TSS PROPOSLD TR.AIL
ALIGNMENT CHANGL TO ARNDT ADDITION
SITL PLAN
Mr. Tom Junnila, of 1024 Downing Street, appeared be:
Planning Commission to request their consideration of�
to the location of the bike trail approved with the i
�ion was
Council
�rder at
�resents
-iel and
:tor Jim
tsistant
r 26,
ld be
so
:uss his
'�.on of a
.ve feet
�he rear
�ose of
�et f rom
suggest
allow a
of the
ore the
�.change
xndt
,� �
Planning Commission Minutes
November 23, 1993
Page 2
Addition plat. Vice Chair Duggan explained the Arndt Addition
is a thirteen lot subdivision whose preliminary plat was
approved in 1992 and the bike trail as approved runs along the
north, east and southern boundaries of the plat to provide
access to Ivy Park. Mr. Junnila stated he has submitted
signatures from a number of his neighbors and that those
signatures were submitted as a petition in favor of his
proposed relocation of the trail (Option No. 1). Mr. Junnila
explained that Option No. 1 is proposed to be a shorter bike
path which would bisect Lots 2 and 3 of the Arndt Addition and
then go along the rear of Lot 3 and enter Ivy Park parking
lot. Mr. Junnila stated his neighbors are in favor of
shortening the bike path as it will be safer for the children
in the area.
Vice Chair Duggan stated the developer has agreed to pay for
the construction of the trails as originally approved. He
further stated the ma.intenance of the trailway will be the
City's obligation.
Mr. Junnila stated his personal preference in changing the
bike trailway is because it will be located within thirty feet
(30') of his backyard. He stated his lot is already bound by
two public streets and that with the addition of the trail
way, his privacy would suffer significantly.
Ms. Rathy Nadler, of 610 Rirchner Avenue, stated she would
like access to Ivy Park via Kirchner Avenue. She stated she
is a daycare provider and that access to the park via Kirchner
Avenue is the easiest route for her.
Mr. Richard Nadler, of 610 Kirchner Avenue, stated that
residents of the Valley Lane area want the present plan as
approved by the City Council. He stated the trails are an
attractive addition to the community and that they can only
increase property values. He stated his front window is
twenty feet (20') to thirty feet (30') from the road and that
he is comfortable with the location of the trail system. He
stated it would be a shame to lose this section of the trail.
Mr. Nadler further stated that numerous trees have been lost
with the excavating of this development and that it is a real
disappointment. He stated that the Mayor stated the trees
should be cut down.
Vice Chair Duggan stated he has visited the site. He further
suggested that City staff should inform residents who are
submitting petitions to the City that names and addresses
should be printed on the petition to ease the verification of
legal names and addresses for Council.
Planning Commission Mi�
November 23, 1993
Page 3
A brief discussion ensued regarding the number ofl
trips made through the area.
Vice Chair Duggan inquired about the ADA requirem
slopes. He explained the City is required to abide
standards with new trails. Duggan stated Option
impact two of the new lots within the addition an
impact the Makiesky and Mullerleilies property. Dugga�
that Option No. 2 would impact four of the new lots wii
addition and that the developer has indicated they arE
favor of either Option 1 or Option 2. He further stat
with the approved site plan, the most impacted peoplE
existing plan is Mre Junnila. He further stated that
original Planning Commisaion meeting, Nlr. Junnila was :
of the plan.
tes
traffic
nts on
by new
would
would
stated
iin the
not in
�d that
on the
at the
i favor
Mr. Junnila stated his position has changed since the time of
the Planning Commission meeting as it seems very st ange to
have the path right in his backyard. Vice Chair Dugga stated
several eight foot (8') pathways within the City h e been
screened with the planting of trees, etc, to protest rivacyo
Commissioner Dreelan requested clarification with re pect to
the September 27, 1993 letter from Mr. Junnila stat'ng that
Mayor Mertensotto and Mr. Arndt are not opposed to the
proposed trail alignment change. Mr. Arndt stated e is in
favor of the original, existing site plan approval.
Commissioner Koll stated she understands Mr. J nnila's
concerns. She stated that the trail is to serve t e whole
north end and that the current proposal is serv ng the
Rirchner Avenue area too and that the impact of the riginal
plan is minimal.
Vice Chair Duggan stated the original plan is the
and that screening of the trail area is possible.
Mr. Mike Newman, 1006 Downing, stated he is concerne
children who will find their own way to reach the pla3
He stated that direct access to the park is an iss
further inquired as to how an east/west path along the
property serves his neighborhood's purpose. He st
would like to see a more direct route. Vice Chair
stated ADA atandards help determine the placement
trails.
t plan
i about
�round.
e. He
funnila
ted he
Duggan
of the
Mr. Junnila inquired if Mayor Mertensotto is involve in the
development of the subdivision. Vice Chair Duggan e lained
that Mayor Mertensotto is the attorney represent ng the
Arndt's and that he has abstained from voting on the tter.
w y
Planning Commission Minutes
November 23, 1993
Page 4
Lacking a quorum, the Planning Commission moved to suggest
that the City Council not alter the original Arndt Site Plan.
The Planning Commission further directed staff to research ADA
requirements on grade ratios.
CONTINULD HEARII�TG s
CASE NOo 93-25s
DLLB -
CONDITIONI4L IISF� PERMIT AND
4PETLANDS PERMIT
Mr. Jake Deeb, of 1780 Dodd Road, was present to discuss his
request for a Conditional Use Permit and Wetlands Permit to
allow the construction of 988 square foot detached garage to
within thirty six feet (36') of Willow Creek.
Vice Chair Duggan briefly explained that at their October
meeting, the Planning Commission, at the request of Mr. Deeb,
continued the hearing to their November meeting. He explained
that at that time, the Planning Commission had asked that Mr.
Deeb submit additional information and revised drawingsa
Duggan explained that Mr. Deeb has submitted the information.
Mr. Deeb briefly explained his letter of intent regarding the
condition of his property (in 1986) prior to the City
realigning Willow Creek. Vice Chair Duggan explained that Mro
Deeb purchased his property in 1990 and that Mr. Deeb feels
that with the realignment of the creek prior to his purchase
of the property, has impacted him in that he now must apply
for a wetlands permit. Mr. Deeb stated he is not asking for
the City to move the creek but to return his property to it
original state. He explained it is an expensive procedure
every time he decides to make a change to his property due to
the wetlands designation.
Commissioner Roll inquired if Pine Creek would handle the flow
of water as a result of future development. Planner Uban
stated the City should consider a drainage easement to handle
future storm water drainage. Commission Roll inquired how the
culvert remains open. Public Works Director Danielson stated
the culvert is a private culvert. Mr. Deeb stated the former
owner installed the culvert and then covered it to allow for
a'larger and flatter backyard. Mr. Deeb stated the culvert
has never been plugged.
Commissioner Dreelan noted her concern for a four car garage.
She inquired as to the necessity of having such a large
garage. Mr. Deeb responded the garage is a three car garage
with a fourth door on the side. He stated the fourth door is
for his convenience in moving recreational and gardening
�
�
Planning Commission N!i
November 23, 1993
Page 5
tes
equipment in and out of the garagee Commissioner Dreelan
inquired if the existing garage will be closed off, ro Deeb
responded yes and that the existing garage door will be
converted to french doors.
Ms. Kathleen Ridder, of Dodd Road, noted her
drainage system.
Lacking a quorum, Commissioner Koll moved to suggest
City Council consider approving the removal of Pine C
the Wetlands Map as per Mr. Steve Kernick, of tY
County Soil and Water Conservation District; pr
easement on Pine Creek to allow standard utilities �
perimeter of the property and grant approval of the
permit for the driveway, house and garage.
Vice Chair Duggan stated he is not in favor of this
Nlr. Fred Peterson, 1770 Dodd Road, stated that Mr,
garage should be attached. He further stated that Pi
does overflow and that the entire wetlands designatio
be removed. He stated that Mre Deeb should not get
treatment. He further stated that he received notice
City when the creek was going to be realigned. He als
he has pictures of when the creek is flowing.
for the
hat the
:ek f rom
Dakota
�ide an
ong the
etlands
ion.
Deeb's
.e Creek
.should
special
`rom the
�stated
Mr. Deeb stated that he is not asking for the Pi e Creek
culvert to be moved back to its original state. He st ted Mr.
Rernick, of the Dakota County Soil and Water Cons rvation
District, only reviewed Pine Creek wetlands on his p operty,
not along it whole length.
In response to a question from the Commission, Mr. Dee stated
he would like an attached garage as he does not want p troleum
products in his home, there are safety concerns, le s noise
and he is a.ble to receive cheaper insurance rates. H stated
it is also much more expensive to build an attached g rage.
Vice Chair Duggan stated he ia uncomfortable with the size of
the atructure next to the wetlands . In response to a estion
from Vice Chair Duggan, Mr. Deeb stated there is fift en feet
(15') from edge of garage to the trees. He furthe stated
that no vegetation will be altered.
� Commissioner Koll stated she is concerned about the size of
the garage next to the wetlands. She further sta ed the
_ Council is currently reviewing an ordinance endment
regarding the size of garages.
J �
Planning Commission Minutes
November 23, 1993
Page 6
Lacking a quorum, Commissioner Koll moved to suggest that the
City Council consider granting Mr. Deeb Wetlands Permit and a
Conditional Use Permit for Accessory Structure with the
following conditionse
1. Size of the garage to be less than 988 square feeto
2. The tuck under garage door be removed and replaced with
french doors.
3. Landscape and/or seed the entrance to the old garageo
4e Building materials and colors to ma.tch the existing
house.
5. Landscaping on Dodd Road be completed to help screen the
structure from Dodd Road.
Commissioner Dreelan stated she agrees with Commission Koll in
that the proposed garage is too large of a structure next to
the wetlands.
Mr. Deeb inquired as� to how the size of the garage was
determined. Commissioner Roll responded that a three car
garage is equal to 800 square feet.
HEARING:
CASE NO. 93-26:
MCDONALDS CORPORATION
CIIP
Mr. Fred Reynolds, of McDonald's Corporation, was present
representing the McDonald's Restaurant located at 2020 Dodd
Road, to request a Conditional Use Permit to allow the
construction of a free standing, 120 square foot
cashiers/face-to-face booth.
Mr. Reynolds explained that it will be a remote structure with
the exterior matching the existing building. He explained
that the unit will be constructed in the existing landscape
island area behind the restaurant. He explained that the
purpose of the booth is to improve customer satisfaction. He
explained the single existing booth is capable of handling 73
cars per hour in the drive-thru. , He stated with the added
booth, the capacity will increase to 114 cars per hour. He
further stated that in the future, the booth will be
incorporated into a face-to-face ordering concept. He stated
that with thia process, the order is placed with a person
instead of the menu board.
'4
Planning Commission
November 23, 1993
Page '7
In response ta a question fram Vice Chair Duggan, Mre
sta�.ed �.here will be two i.ndividuals within the boo
times of opera�.ion. iie stated the booth wiil be us
peak hours and �.hat it will have a camera system and
He further sta�.ed there will be no iood preparati�
thi� booth and that condimen�s will only be give
cus�.omers .
Commissioner Dreelan s�ated there is nat enough room
cars to stack as it will interfere with the handicap
Mr. Reynolds responded that he will relacate the
spots . Commissioner Dreelan a,nquired if thez
landscaping plan completed. Mr. Reynolds stated a
just been completed and he then submitted it
Commissian.
In respanse to a question from Commissioner Roll, Mr.
sta�ed the exterior lighting remains the same.
Laeking a quorunn, Commissioner Koll maved to suggest
City Council consider granting the Conditional Use ]
al].ow the construc�ion of a cashier' s/face-to- face
the McDonalds Restaurant 1.ocated at 2020 Dodd Road
following conditions:
1.
2.
'3.
SLARSNG:
CASL NO.
BSAVSR -
VARIANCL
Submit�al of landscape plans for revi.ew by City�
Submit ta the City operational safeguards to
security.
Relocate the handicap parking stalls.
93-28:
te�
during
during
iitors.
within
to the
allow
��. _� .
andicap
is a
lan has
to the
W�
�at the
mit to
oth at
th the
sta�f .
enhance
Mr. Reith Heaver, representing the owners of 1.680 Do d Road,
was pre�ent to discuss their request �or a rear yard �etback
variance to allow the construc�ion of a sa.ngle famil home.
Mr. xeaver sta�.ed that they agree with P1,anner Uban
they will designate the front yard to be on the south
of �he property adjacent to the autlot for driveway ;
elimina�.ing the need far a rear yard variance. Plan:
stated that Dodd Road is a heavily trave�ed road and
City should avoid having driveways on Dodd Road. xe
stated that other homes have been oriented Go a privat
�hat
edge
Uban
the
drive.
�
Planning Commission Minutes
November 23, 1993
Page 8
He further stated that with corner lots, the owner may pick
the orientation of the home as long as it meets the zoning
criteria.
Mr. Bob Salmen, owner of 1694 Dodd Road, stated his property
is located to the east of the proposed homeo He stated that
his home faces the south and that the other homes in the area
face to the west. He stated he is concerned with the setback
of the proposed home and not the orientation of it. He
further explained that he is currently reviewing a possible
subdivision of his property and is concerned that the setback
of the Heaver home is too closee
Mre Heaver explained the front elevation of the home will be
south facing. He further stated they do not want to access
the new driveway onto Dodd Road. He stated they will maintain
the trees as a buffer. He stated there are some requirements
they need to adhere to related to the wetlands area. He
stated they have pushed the home as far back as possible. He
stated there is a high water table that they are dealing with.
Mr. Heaver explained that the first 300 feet of the driveway
will be gravel and then asphalt. Vice Chair Duggan stated the
Fire Department is not comfortable with a fourteen foot (14')
wide driveway. Mr. Heaver responded that this is an issue he
will need to discuss with the neighbors in the area as it is
a shared driveway. He further stated that he does not want to
remove a lot of trees. He further stated he would like to
begin construction as soon as possible. Duggan stated that
trees will need to be identified and that a twenty foot (20')
wide driveway is needed for emergency vehicle access.
Commissioner Koll inquired if there are drainage problems due
to the clay in the area. Vice Chair Duggan stated there were
drainage concerns during the Somerset Area discussions.
Public Works Director Danielson stated that the wetlands is
not on the City Wetlands Map. He stated that there have been
soil tests taken and that it appears that with some soil
exchange, the construction of the home will work. He further
stated that the wetlands is landlocked in that there is no
outlet for the water to flow. Danielson stated Ms. Kathleen
Ridder, of 1744 Dodd Road, has expressed to him that she is
concerned about the landlocked wetlands and that the City
should account for the problem by acquiring an easement for
utilities.
m
_ • �a
Planning Commission
November 23, 1993
Page 9
Mr. Fairbairn, owner of 1680 Dodd Road, stat
comfortable with the results of the soil testing. '
Duggan stated that Mr. Heaver should work closely
building officials during the construction of this
Public Works Director Danielson stated that Ms. Ri�
also expressed her concern with the high water table
Mr. Salmen stated he would like to see the houses
apart.
Mr. Nelson, of 1660 Dodd Road, stated he is the prope
to the north of the proposed home. He noted his con
the drainage in the area when the new homes are con
Danielson stated the wetlands is�without an outlet a
been functioning adequately. He further stated it
prudent for the City to plan for an outlet. Daniels
that Ms. Ridder would want to include an outlet
development of her property. Danielson stated
calculate the amount of water runoff in the areae
Lacking a quorum, the Planning Commission moved to
that the City Council consider approving the constru
a single family home on Lot 1, Block 1, T and J Addit
the designation of the front yard on the southern edg
property (adjacent to the outlot used for the drivew
the following conditions:
iutes
he is
:e Chair
th City
�me .
der has
:ed more
y owner
rns for
ructed.
.ithas
ould be
stated
Lth the
: could
suggest
tion of
on with
: of the
y) with
1. Development of the property is subject to wetland
presenration practices and the recording of a
conservation easement for the protection of the etlands
along Dodd Road.
2. The upgrade of the existing common driveway to
code standards.
The Planning Commission further requested staff to
the amount of water runoff.
VERBAL RFVIE�P
Public Works Director Danielson provided a verbal re�
the Planning items at the previous City Council meet:
et fire
lculate
ew f or
�
Planning Commission Minutes
November 23, 1993
Page 10
ADJOURNMENT
There being no further business, the Planning Commission
adjourned its meeting at 10:15 o'clock P,Ma
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary
� � _ _ _��-- ----- . ..._�...
Mendota Heights Police Department
MEMORANDUM
18 November 1993
TO: Mayor and C'
City Admini
FROM: Chief Delmon���
Subjec� Alazm Purchase
The police department m,quests permission to purchase a Varda Alarm System for $�, 048.55.
We budgeted $2,600.00 in the 1993 capital operating budget to purchase this portab alarm
system to assist in stemming the rash of thefts we have experienced, particularly the from
vehicles. Since the time of budget preparation, the cost of this system has increase by $400.00.
� We have verified with Treasurer Shaughnessy that we have sufficient funds availabl in our
forfeiture fund to cover the additional $400.00.
Information on the Varda is attached for your review. It is an excellent law enforce ent tool that
has a number of applications for our departmen� Of primary concern is the ability trap alarm
vehicles in a number of different ways. Due to the purpose of this equipment, I wo d rather have
members contact me for additional information. This will make it unnecessary to re eal specific
strategies at a public meeting.
My recommendation is that Council approve the purchase of a Vazda Alann System �from the Varda
Company at a cost of $3048.55. �
. ..._....__._.,.�.,. _.,,._,.., .. ._.._.._�____.� __,..._..i..�.... .�
�R
I'�ALIO STAKEO UT SAVES TIME AND MONEY.
• It can cost $300,000.00 per year to hire men to do the
work of a single Vazda portable stakeout machine.
• When Varda is on the job, officers can be released for
other duty.
• Varda radio stakeout can save the costs of invesdgations
by catching the criminal at the scene of the crime.
• Court costs are saved when a criminal is caught ai the
scene and must plead guilty un arraignmenG
VARDA RADIO STAKEOUT PROVIDES WORLD'S FASTEST RESPONSE
Installed quickly in a stakeout area by an officer, this machine, when tripped by an intruder or victim,
will broadcast a pre�corded voice message (and/or digital readout message) direcdy to police vehicles,
beatmen and starion. Its effect is to move the police department to �the scene of the crime, while the crime
is occurring, gready increasing the odds of apprehending the crinunal at the scene.
Nothing can ever be faster. Messages are sent at the speed of light. A voice message is heard and
understood by fhe officer who responds instantly.
OTHER IMPORTANT FEAT URES INCL UDE:
* RANGE UP TO 30 MILES
* TRANSMITS ON POLICE FREQUENCIES
* PORTABLE - INST�V.LS IN MINUTES
* SELF CONTAINED - BATTERY OPERATED
MANY TRIP DEVICES AVAILABLE:
Body heat sensor detects body heat to 60 feet and
radios to 200 feet to trip main alarm.
Bait money transmitter for cash drawcr.
Pocket panic transmitter or necklace transmitter for
robbery and rape cases.
* NEWE3T FEATURE -
SOLID STATE DI�ITAL VOICE RECORDER
* OP'TIONAL DIGITAL READOUT RECEIVER
* OPTIONAL PRIVATE LINE TONES
'� OPTIONAL 10 CHANNFL SELECTOR SWITCH
* ENTRY - EXIT DELAY SELECTOR
Tilt transmitter for computer type thefts..
General use transmitter used with mats, remote trip
lines, magnetic contacts, airwave switches etc.
AC line cazriers use AC wiring to �trip from remote rooms or
buildings.
Midrange transmitters extend trip range up to a mile.
Varda's GuuTantee: 20 years since 1968, Vazda Company has eztended a one year parts and labor guarantee
on all items except batteries which are limited to 60 days. Return warranty items
- prepaid to factory. You may try before you buy. Vazda has always offered a 30 day
free trial to most customers. The customer is held hazmless if the free trial equipment
is los� Help is as neai as your phone 24 hours a day. We help our customers!
Factery Svrvice: Fast, economical, expert service providing latest modifications and genuine factory parts.
vnRnn r��.TrnNv _���o nir., v��r�, n►-;�•n _ Rak�rcfi�lA_ C'a. 9��(1S _ Ph R(1S'�7't_17f1'i
'c ,
� �
VARDA COMPANY
Announces:
T'he NEW GENERATION and a NEW STANDARD in radio stak
•
•
•
•
•
•
•
DZ ZtGr�
g
VOZCe
A new solid state digital recorder is now available which
Update old alarm technology to the 90's and the standard of
Allow subzero operation.
Provide solid state dependability.
Eliminate all tape recorder problems.
Provide improved recorded voice quality.
�t alarms.
future.
Allow all old alarms to be upgraded to digital voice for $200.�0 installed.
Insure that the message always starts at the beginning just as
Now for the first time, Varda .alarms will be equipped with a completely dep�
state recorder. Now when a message is recorded, it is stated only one time. No y
messages during recording. When the message is played back, it will always sta
beginning and will repeat automatically for 18 seconds and turn off automaticall
Voice quality is improved and cold weather operarion is assured. The voice
you recorded it in tfie field. The messages are not "canned". No separate exterr
required. To make a recording, just push a button and say the message one tim
simple, sure and quick. Worried about the new recorder running down the bat
The new solid state recorder consumes no current in the standby condition.
Varda Company-2729 Alta Vista Drive-Bakersfield, Ca. 93305
Phone 805 323-1703 - Fax 805 323-176T
dable solid
ed to repeat
at the
your voice as
programmer is
That is all. Its
y? Forget it!
T4a
FROM:
SUBJECT:
CITY OF MENDOTA HEIGHTS
MEMO
December 2, 199;
Mayar, Gity Council and Ci�y Administr
Kathleen M. Swans�i�
City CZerk
Delinquent Sewer Bi11s
INTRQDUCTTON•
Certification
made to the Caunty
1994. Council must
re�olution.
INFORNIATION �
of delinquent utility.charges must b
by December 15th �.o become collectib e in
therefore adopt a certi�ica�ion
There are currently 45 delinq��.ent sewer accou.nts {
from last years 69), which should be cer�ified to the
County. The tatal outstanding balance is $7,253.30.
Notices were sent to all delinquent cust�amers on Novemx
�st.
DISCUSSION•
The letter sent �o the property owners, past due 2
quarters or more, notified them that if the delinquency was
nci�, paid by December l, 1993 it would be certified �o t e
County and a$25.00 charge plus 10� interest would be a ded
to the del.inquency amount.
RECONINIENDATION -
I recommend that Counci3. adopt �he De3inquent Util ty
Resolution and direct staff �o certi�y the fee to the C unty
Auditor for collecti.on in 1994.
ACTION REOUIRED:
It Counci.l concurs wi.th the recommendation, it sho ld
adopt Resolution No. 93- ,"RPSOLUTION CERTIFYING
DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR
C4LLECTION WITH REAL ESTATE TAXES; and direct certi�ica ion
to the County Auditor.
�
CITY OF MENDOTA HEIGHTS
Dakota County, Minnesota
RESOLUTION NO. 93-
RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES
TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION
WITH REAL ESTATE TAXES C'tl�,
WHEREAS, under the prc
adopted by the City Council
1974, it is provided that i
City for the use of the Cit
within thirty (30) days aft
thereof, the same shall be
thereof enforced in the san
county and state real estat
costs and interest charges,
visions of this Ord° ance Noe 803
of Nlendota Heights on August 6,
f sewer rental cha ges due to the
y's sewer system-- not paid
er the ma.iling of a statement
collected and the collection
e manner in all respects as
es taxes subject to like penalty,
and
WHFREAS, the City Clerk has advised the City Council
that the total sewer rental charges due to the< ��.it.�r as �Qf���
December 1, 1993, for sewer servi rni ed th�'�p�-�"'�
properties hereinafter described si u-ta,o within the City
has not been paid and \
� �
WHEREAS, the City Clerk has further advised the City
Council that a written statement for said sewer rental
charges due the City as of December 1, 1993, has been sent
to the last known owner of said properties and that more
than thirty (30) days have elapsed since the mailing of said
statement, and
. WHEREAS, said properties are all situated in the City
of Mendota Heights, in Dakota County, Minnesota and the
legal description of said properties, the name and address
of the last known owner thereof, and the total amount of
sewer rental charges due for each of said parcels through
December 1, 1993, are more particularly described as
follows:;
NAME AND ADDRESS
J. Povolny
912 Adeline Court
Ronald Jacob
2353 Apache Court
Craig Byer
2219 Apache Court
Bernard Abramson
688 Arcadia Drive
J. Martin
901 Cheri Lane
Robert Butterfield
929 Chippewa Ave.
LEGAL DESCRIPTION
27-71275-260-02
27-19850-080-05
27-27800-060-07
27-37600-040-05
27-45300-200-00
27-57500-060-02
1
AMOUNT OWED
$103.00
$184.70
$202.10
$182.30
$104.30
$201.50
Brian Paulson
933 Chippewa Ave.
Margaret Regan
992 Chippewa Ave.
Arnold Hanzal
771 Creek Ave.
Gregory J. Bailey
993 Delaware Ave.
John Laferla
1634 Diane Road
Robert J. Emery
1183 Dodd Road
Patrick Farrell
19 Dorset Road
Marvey Bevan
970 Douglas Road
J. Isaac
662 Fourth Ave.
Joanne Plumeri
550 Hiawatha Ave.
Bill Nesch
566 Hiawatha Ave.
L. Mrozinski
595 Highway 110
Rita Goodij ohn
2220 Highway 55
Geal Forsman
610 Ivy Falls Ave.
H. Slobof
1016 James Court
Resident
2210 Lexington Ave.
Paul Elias
2242 Lexington Ave.
Donald G. Geist
1669 Lilac Lane
Mrs. D. Anderson
751 Mohican Lane
Charlene Steele
780 Mohican Lane
27-57500-030-03
27-47700-110-01
27-27800-030-01
27-58500-130-00
27-71275-080-03
27-03800-020-13
27-71150-050-11
27-76400-050-02
27-69701-023-04
27-57500-120-03
27-17100-070-02
27-02500-024-04
27-28400-040-02
27-13350-027-00
27-76402-190-03
27-16400-050-00
27-16400-054-00
27-76401-240-00
27-27800-190-19
27-27800-080-20
2
$ 69a50
$182.30
$187.10
$208.70
$ 67.50
$134.30
$ 67a50
$129.50
$226.50
$153.10
$ 67.50
$247.10
$ 73.50
$ 79.10
$203.90
$129.50
$129.50
$127.50
$131.90
$151.10
Eugene Engelmann
1779 Overlook Lane 27-32800-040-02
Roy Henderson
1095 Overlook Road 27-32800-010-01
A. Werthauser
2044 Patricia Street 27-19100-220-04
Al Peterson
606 Pond View Drive 27-18301-060-05
Jack Gohl
924 Rae Court 27-71275-180-02
John Bathke •
699 Second Ave. 27-41200-060-01
T. Dinsmore
1150 Sibley Memorial Hwy 27-13500-210-00
Frank Miller
604 Spring Street 27-42100-070-08
R. Powers
983 Stratford Road 27-72700-010-02
S. Hafiz
2016 Summit Lane 27-83300-141-00
G. Cosgrove
649 Sunset Lane 27-54200-081-01
Jerome Peterson
2066 Theresa Street 27-19100-220-03
Paul Larson
717 Third Ave. 27-81300-045-00
Saleh Canavati
2166 Timmy Street 27-19150-090-00
Walter Awada
760 Upper Colonial Drive 27-17150-080-07
C. Lange
77�9 Upper Colonial Drive 27-17150-140-06
Jerry Kilgus
1171 Victoria Curve 27-13700-010-01
Mark Sterling
810 Wagon Wheel Trail 27-45300-020-00
C. Thomas
83�2 Wagon Wheel Trail 27-45300-050-00
3
$244.70
$391,10
$ 95.90
$194.30
$280.70
$115.50
$110.90
$263.90
$167.90
$ 87.10
$241.60
$ 67.50
$170.30
$146.30
$184.90
$202.30
$182.30
$144.30
$217.10
f i
J �
NOW THEREFOR, IT IS HEREBY RESOLVED by the City
of the City of Mendota Heights, Minnesota as follows:
1) That the total of said utility charges set fo
above is hereby adopted and confirmed as the
proper unpaid utility charges due for the abo
described properties through December 1, 1993
each of said lots, pieces and parcels of land
respectively, and the current charge against
such parcel of land shall be a lien concurren
general taxes upon such parcels and all there
il
for �1�C
� W ��"�.
�the
f.
2) That the total amount of said utility charges
shall be payable with general taxes for the y ar
1994 collectible in 1994 (now designated Stat te
as real estate taxes payable in 1994).
3) That the City Clerk shall prepare and transmi
the County Auditor a certified copy of this
resolution with the request that each of said
amounts shall be extended upon.the property t
lists of the County to be thereafter collecte
the manner provided by the law.
4) That a$25.00 service charge will be added to
delinquent utility account in accordance with
Ordinance No. 157 amending Ordinance No. 803e
Adopted by the City Council of the City of Mendota Heigl
this 7th day of December, 1993.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST:
Kathleen M. Swanson
City Clerk
�
Charles E. Mertensotto
Ma.yor
4
to
in
each
�ts
� i. � ,� , . . �: .
December 31
TO: Mayor, City Cauncil and City Admuus o
FROM: 7ames E. I�aniels n
Public Works Direct
SUBJECT: Culligan Storm Water Holding Pand Lvts
ffiSTORY;
� Mr. Larry Culligan developed the Valley View Oa1{ subdivisian in 1980. Sto7
this deveiopment all runs into the City of Mendata and 11�Iendota has no stanm water c
af this problem Mendota Heights agreed to hold water back in holding gonds and
much as possi6le away from 1Viendota by cannectvng ta the future 14ZnlD{JT Mendo
project. Twa single family lots were reserved by Mr. Culligan as tempora�y hold'wg
the storm water down. These lots were excavaied out and a tempor<�ry storm water
created (see attached). The lats were then to be fi11ed in and developed once this stc
be cannected to the �4snlD4T system {see attached map}.
DISCUSSIQN:
1993
water from
tet. Because
en divert as
Interchange
>nds to slow
�semeni was
n line cauld
R��n1D4T will connect up the Culligan area storm system to the i��nIDOT syste this spring.
Free fill is available this winter fmm the Mn/DOT project and Mr. Culligan reque s permission
to utiiize tl�is apportunity to fill these two %ts. The lots are not necessary for storm atex and the
Gity could grant Mr. Cnlligan's request.
Things that need to be addressed in canjunetion with this request are as
�
2.
3.
4.
The existuig starm sewer system needs to be madified to eliminate
Iats far ihe system.
City forces need to saivage the eliminated pipe, inlatJaut%t aprons,
prior to any filling.
Assessments far the two lots were deferred. Payment of these
accur befare develapment {$13,669.59 per lot}.
The City needs to release Mr. Culligan from his temporazy
the Gulligan
etc.
needs to
REC{:�r►�IM[�'+•1tiTDt"��'I{:�N:
I recommend tha� the �ity grant Mr. Culligan's request, subject to him agreeing ta the
fallowing:
l. Cleanup any mess created in the starreet and resiarafron of any ciamage to tha street
created as a result of the filling operation.
2. Payment of defened assessments prior ta development of the lats.
AC1'ION ItEOUIRED:
If Caunc�l desi.res ta implement the recommendation they should pass a motion approving
e2imination of tlie �amporary storm sewer easement and autharize staff to prepar� the�.appropari.ate
easement release document that includes the above stated condit�ons.
�
�
West Publishing Company
� 610 Opperman Drive
- � P.O. Box 64526
St. Paul, MN 55164-0526
O (612)687-7000
December 1, 1993
The Honorable Mayor and City Council
of Mendota Heights
1101 Victoria Curve
Mendota Heights, Minnesota 55118
Dear Mr. Mayor and Members of the Ciry Council.•
Re: Filling of Holding Pond at the Intersection of Glenhill Road and
L �J. CULLJ('�Ml
V President
(61
Lane
When I developed the properly that my father owned in the city of Mendo a Heights,
we extended to the city a temporary easement for the creation of a holding p nd at the
intersection of Glenhill Road and Culligan Lane. The purpose of this holding porz� which was
created in the early 1980's, was for the eventual "I00 year storm" which we h e not yet
experienced In fact, I have never experienced any water in this holding pond area ince it:was
first createt� I
As you know, the Highway Department is now well into their constncct
along Highway 110 and the Mendota Bridge Inierchange. I have discussed with t
Brothers, who are the general contractors for the Mendota Interchange project, aru
indicated that they would be happy to use the excess fill that they have on this prc
purposes of filling in the hole which was created for possible ponding uses at
intersection
As the ciry will recal� when my father's property was develope� the storm
pipes were put into Glenhill Road and terminated at 110 with the plan that when t
Inte�hange project installed the storm water sewers along the 110 Highway, these
sewer pipes in Glenhill Road would be then connected to the 110 sewer pipes.
The Johnson Brothers indicated that the storm water sewer project
scheduled for 1994 spring installation. In view of the availability of fil� the apprc
and the fact that this holding pond hole has never had arcy water in its cat�ch b�
permission from the city of Mendota Heights to vacate the easement granted in .
I be allowed to utilize a great deal of fill to eliminate this catch basin.
�n process
�e Johnson
' they have
ect for the
the above
zter sewer
Mendota
�rm water
�g 110 is
rcg winter
I requesi
and that
The Honorable Mayor and G'ity CounciZ
af Menr�'ota Heights
December .1, 1993
Page 2
,Denial of this request will place a great finaneial burden on tny family if fill would
have to be purchased at a later date.
It is my hape that you will give favorable carrsideration to thr's request so that I can
nohj'y the general contractors for the �endota Interchange project that they have your
permission to fill in this catch basir�.
Cordially,
WEST PUB'LISH1'NG COMPANY
renee J. Cu ligan
zce President
�ditor-in-Chief
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/^'� SEE SPEC�S /
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GRANT t}F TEr�fP{7Rr�12X EASE�IE�I`_'
� ._•�%' � �
', THIS AGREEMENT, made and entere� into th :s �,.�'}!^ d7y of
' November, 1980, by and between:
` LEO C. CULi,IG1N and JOHP3 A. Ct3LLIGAN, gen�ral •
' guardian�c�f the estate of Leonc D. Cul.ligan,
� � � ,ward� and_w�.fe of L�o C. Culligan {"C•allzgans"'}, ;.
s .
. ancl
CITY OF - MEP3DOTA EE IGIiTS , MINNESC�TA ("City" }; '
, .. ' WITNESS�TH: - .
: r. " • . . WH�I2EAS : . • - , :
. , : . . . •
'•:,>, ,:� R. - .., . . . . '. ,:t`+;
�";�F'�'�-�� � �' 1. '; Leo C. Culligan is the owner of the Eollowing described � `�"-'�
�;r,;` . ' � _ . . • :
� ;..,.
, , . .. .?:�y:.
�,�� w� '. ro er��:.y, situated in I3 k , . . �� �•= :� f=:'�-
s,�-�:� i P p . a ata CounLy Minzesota, to wit: ' _,.;.. ��
,*;,„_ . . . . . �` - ; . . , . . , Y . .`� "` 3; :
`;_` Lots 1. and �.2;.� B in V 1 V� ;�?�{� ;, �,
�.'",..%...�, -- . . loCk. 2 dl ey 5. t� L}3k� �. '.t','�:
l� '4�;
��' : , • ' .� accaxding tb ` t?ia recardecl pla;c thereof . ` , � � � +�=�" �
.:k==�:. .. :' whicH �ropert:}r is• hereina�ter� r.�ferred tp as "Culligan �rap�xty„ - " ' `,�_:"'"'`;
4�N4'- . . ,. 2. - � , . , ; • • • '`,"::>a
" �-� _ , John A: Culligan zs� the, c?uly appain�ed and ac;.ing �general, ;:���'�
t��;�; :" . - ' . • : . . - - . . , . , . . �; • ��t
;;�.�_;
iY,�;,:;,..,�,� guardian of � the estate of ,Leone D.. Culligan, warci, having be�n ap- '';�:�":a=��
.r,.. • '� �;`=:�::
L;��,�-;� -:'inted as such. h the Couni: � ur . ' . ' .fl�'.�s��'
,�:.,� � P� . Y•, y o t of Dal:ota County, :ii.nnesota on� ;,,: %�:'..�^s�
{� „�;� r; • " ;�'•�'�" �� • ' • • , . . • ., � "' w'�`�~�,i
r��,��y�, '��, ..�NovemberY�26, ��1379�. • ' . . _ ",..•.'r:,..,�,��.:
'' ;y r���
.�";,.4�4�^{!Y = . __., � h���r�.,,,?_,.•..
L ;' .� , " . . ' . :: . K rrr i.
''`'�'r� ` • ' � �3. �Culli. �ans .tiave a r ed � ' ' � %?`: ��"`�=�
�,�s{��::$.��;:•.` , .. 9 g e �o grant unto� City a temporary ease- ��;:.,;n;.�,'�
�Ltw��...; �?i. " n � , . i �. . ... _' '�, T��,��i'
,f:x.'v{,:i'K. ` ` . . _ �...;.'"", • , , .. . . : _ .�}.s�,�,�.,ti
���.:�'�ss=e ��-J�-.��ment�'for�a stcrm t,rater• hol�in � on3 on` the Cul1i an � a ert 'as artXf:'�'��'''Y�
'��'; <<y `�
;t;;`��. :. . .. .. 5 A 5 P= P Y 1� r;�"
; „`{,, '; - s . ':. '. c^ .'::'* . • � • . . • : ,�.�t:`�: y'�g�
i'.ri5t..-� ' ' -' • :.. - • .'.# i 'Y: o-i:4",,t�
},..:A:..�`:" •.of' its a'greement�:�with City concern�ng the developm�nt of that cer-- '�Y='•Y°"f3
y :.�. ^ `:{`. .. , -• , ' . • , ;. ' � � � .` . , • , ._. ''; >:;; 'i.�
�=������`��' `tain r.es5.den�ial development ar�a within City known as Valley View � "�=�" ���
.��' „-.:: >:�,�'..,�
;�;�': _::�- . . . . . , � .�;.-. ., ,
i,X�'��� ` - - � . � �.' � ,
�. �� a�P:
��'��ny�;R�','`�r:Y Dak , . _ . • •'�':«';^t�l
:�.•p{:�'a, ' - .. , ' . ^,. .' ;.' :�, , • • ' . ' � � "� n
.{4 f.•. . . ,>+....• .^ ': ^. � . ' . . ���s�l
;;�_;;:�, - , 4. ;,Cul2i.gans'`now desire. �a grant �to �ity a .temporary easement�� _;:,�;Y
��.:_�;�: � , , ` ': . .., : ,,' ; •.' : . . .' ' .. . , ' , .�:�;:��
j��'°�:=��7� • �•=and ,City. agreeS':ta `accept Mame •u�on �the fol.lowing cc�nditions, to wit:. ��'
�� �;�JrtT�: _ . . . : . . ��:'" ..; ..: , . � . . . . . . , . � � ;,��
���:;: ;�; - :, .(a) City��.shall.� con"struct, r�pair� and 'maintain� • . , ' �• . ,:.:ti;�
�' ' . .. . ' `� �.�;�_i �
�:��; s' - . .. ��e"'storm �water �holding pond anc3 relatPd facilities • , � _ '�'` .��
,�,,.��,��; .. . � , on the°. Cu3ligan property �inc3 f:h�•rost ti�ereof �sha11 � . .'�f" : �;s,.��;
�•:�;: -� �'`�. .� be •a.ncluded as a�aart of tiyo starm scwc r improve- " ':r..,�;�
�'�y'�:;�: -• � is:ehL~s fUe which sr.,ecis7l assessmc+nts are t<> bc .levzed • ' ?"';;�
;>.;�,��='�`; � - - �•agaznst aII properti.es 'si,ivated in +�he va.i.lcy vicw . ' � • '':�M•i�
, �. , ' � Oak �Subd�.vision; • • •� � , • � _ �`��I
' . ,�
. . , '- �
}��u, ' - � {�} ��,tjr sha.11 t�rminate al.l urainage to ttie ' 'y
,,,jJ�r!%`yy.', ..' � � , .' . . " - . , . . • .. ^ = • , . • �'',. +i�t'a
,�'� �'>� � `�:t � ' ' ' ' ' ' . - � .;.
�22�{����tAf a s: ^t�v.� ' � ' - `. , ' .. , . ' . ' , ' �'.shY+ yj4�
,{,�-, 2�,� y�'�'": ^ ::t�•:',4.�� � � S i . ,"3 . "``` �.i ` • . . . � "��
��k���..,'+,y`�,k7;1�.Vi�±%' '�,�....�y,���.r' .. . ' ` • '��s: ;.•.,M� �y�-7i`F,�n
'�,.{�yiF4�v..�•,�j.,1-.-,w�.:.� �"/�,, . ..`i'.�.'..1� � . t"S _ ::`�c�
,,,ei' fF.a: - J•.e��; �.,�,'..^`t.� ,r;. : . . . :J� - �3�d:2
��,,..:sy: �f,^- i;, .£:. . `tr� . . �s;r r`<'+
q,�, .��;:Sn, yti�t� �,{; - :.r.' .. • • ,,,' . wa;��.,`:._- y.
,��i� •ti<H . . � . � . .�'[5�.,�.
;i^;¢�r'r.iwa,;;f"'r� M1::' �''�;�:' '•5f�'� �� , , � < . . . • �:G• r:'r�'-;1.
�'t'y•;,'M'v..*:' ''`'' , , •:i�� .. , ::Ju,",:';-' K ,:�� , ,. .. , ., . ,. . . e - :T,±�,y,�,
� _ )'..,. . a✓.._. .. . .. ., . � . . . . . . .
�
storm wate.r holding pend on the Cullic7an t�•r.op�rt;,�
at termination of thi.s �asement and shall.c:ir.�c�
same to the storn water sewcr on S.T.11. l.l.il;
(c) Culligans shall, at their own ccst ancl er.-
pense, fill the storm w.�ter holding ponr�i upon �er-
nination of this easernent with clear� iill tc a g-ra.de
level equal to the grad� level of �hc� Culligan �rop-
erty prior to the constr.uct•ion of the storm water
holding pond;
(d) inis easemeni: shall Lcr.miratc automatical7.y
at sucil timc a� therc is iristt�lled a storm watet
sewer along that partion of S.T.H. 110 which lie�
southerly oF the Cullivan property, and at such time
City sha�ll execute and deliver �o Calligans a deed
or other �vidence acr.eptable to them evidencing sucn
termination.
NOW TH�REFORE, in cor�sid�ration of the �remises and othe= good
and'valuable considPration, Cullir�ans he�eny grant, bargain, quitclaim
and c�:�vey uTito City, its successors and assigns, a nonexclusive
tempor:�ry easen�nt for a sL-orm water holding pond on the Culligan
propert;y, upon the following conditions, to wit: •
(1)•Citv shall construct, repair and maintain tne storm
water holding pond and reiated faci;.ities on the
Culla.gan property and ttic cost thereo� sl�all be
included as a part af the storm sewer impr�vements
' for •�,*hicn �special ass�ssments are to be levi�a
- against a1Z properties situatcd in the Valley Vic�
Oaic Stibdivision;
' � (2} City sha13 terminate all drainage t�.the stcrm water
. hol8ing pond en tne Cu�li�an property at termination
• . of this easement znd shall direct same to the storm
• water sewer o� S.T'.H. 110;
:,•
�f . ,
�:.
I' .
� � . .
;�
..,:s:~��. , . • - •
(3j Culligans shail, at their own cos� and expense, fill
the storm water holding pond upon �ermination of
this easement •::itn cican fill to a grade level egual
to the gra3e lc��el of the Culligan property prior to
tl:e constructior� of the storm water .holdi:lg pond;
(4) This easement shall terminate antomatically at sucn
' time as there is installed a storm r�ater sewer along
that port'ion of S.T.H. 110 :ahich lies south�rly of.
:the Culligan property, and at such ti:ne City sha11
execate and deliver to Culligans a deed or other• •
evidence:acceptablc to i:hem'evidencing such termin-
atic�n: • � • ' �
(5) This agr.ecsrnenL• shill. bc bind:inc� upon <�n�3 shall inur.c
to tl�c benefit of tt�e hcir.s, personal representativos,
•'su�ec:ssors and assigns cf the par.ties hereto.
,v r H• rvrr,�( vr.*.y xf � r�YLyq:i
y,�,' r � 3 y_ Ar � � q+' r � Y'r5 rt' .s'S,� _G.w y
��: r' �� F. ���', }i�,�''Vr?'` �;� r�;,;dl$'� 5�3;�y��- r}�a ��i;Kv�7'�,�`t r,� rk'�QY�,��n3
`� rR'; � r�: ���i � 4v �p � �Aii���v't1�� :.tt5�f� �t�F�`%,"'f�W,�, i�'1�,�'r' 4
� . i. . �.a • ..O . �.
�
�
i •
,
� IN WITNESS 47H�REOF, the parties hereta have �uly executed
�• instrument as of th� t2�y and year iirst above written.
f ;.�' !.. ~....--1..;�.. :_%. ..! ,- :��✓ ,%,...._
-`-' 1 r�L�o C. Cu3lagan��
td� `� � /
� —�"_7oiin``�A�Cu��lz, n .
G neral r3uardian of i:he estare af
eone D. Culligan, ward; and wife '
oi Leo C. Culligan ,
.' ; ,
. ACCEPTANCF,
'� B°� the ex�cutian h�reof, the City'of Mendota H�ights, Minnesota '
'� a�cepts tize ter�gorary easenent her�in granted and agrees ta the
� • terms and coi.di.tians hehein contained. �
:, �
(w ' � . '. ' . ' ..
. CITY OP b1EN17QTA IiE2GH'I'S, MINNESOTR
'-_ ' APproyed as �o for.m: ., . .. ..
;, : . �yM /�,�- t.� �. : I . :� � � �, <-rz..,: �.::-: {
t:�:� ;> ir/�/„r% , ` Fo—f.�- er t . Lockwood
�:�� . . :�'C..�.� •. � �ts Mayor •
. . • . �. ' Ca.ty Attornc:;� . .
� . . ' �,�' and %'�:,�J.,_...---• -?'�-� .,,'�i.,�...��:,v_.,�-.-''
.. - ' , �• j`.;s��� t Kat 3een M. Swanson �
. • .•' �,! ..� � It5 Clerk •
, � � • : :� -,,; G�f1�C< • ' j,�,.` :
��;. t.
, � � , ' i � '� �� N �.�'�i�
.. , " . '. " �..
.� '�;' : �
. `, '� �,'�;,
' .'ti,<.'� , ' � � .
•z
%Y;:. �^. ` � . . : • . . ' , .
�Y:'f� . . � . . .
',Jt. \ .' . � ' . � . � . '
� ?r+� .,.. . . I . � .
r .
�� � .. .. ' .
,~ � . . , , •
�%,' , ' � '
:;is�� . . ^r ' _ ' . ' . . .' . . . . • '3 . . .
"�iy,.w�a � . . , . �
_ , , • •
. Y ��
' "':s:
' ?`v3
. •.�.
�.
CY'� OF 1�1VDOTA �IEIGHTS
�� �
TO: Mayor, City Council and City Adminis
FROM: James E. Danielson, Public Works '
SUBJECT: MSA Off-System Funding
DISCUSSIONa
Mendota Heights is being charged by Mn/DOT for a share of the storm sew�
Mendota Interchange project. Our share of the costs amount to appro�nately $350
for this share is to come from "off-system" Minnesota State Aid (MSA). Menc
eligible to use the M5A account to assist with this project only if Council formally
RECOMIVV�ENDATION:
Y recommend that up to $350,000 of MSA funds be used for Mendota
Mendota. Interchange storm water costs.
ACTION RF.QUIRED:
If Council desires to implement the recommendation they should pass a mi
Resolution No. 93-_, RFSOLUTION REQUESTING THAT MSA FUNDS B]
"OFF �SYSTEM" TO COVER MENDOTA INTERCHANGE STORM WATER
15, 1993
costs for the
?0. Funduig
a Heights is
quests it.
' share of the
�tioa adopting
: UTILIZED
COSTS.
Cfty of 1Viendot� �eights
Dalco� County, A�i�nesota
RESOLUTION NO. 93-
RESOLUTION REQUESTING THAT MUNICIPAL STATE AID FUNDS BE UTILIZED
"OFF SYSTEM" TO COVER MENDOTA INTERCHANGE STORM WATER COSTS.
WHEREAS, it has been deemecl advisable and necessary for the City of Mendota Heights
to participate in the cost of a construction project located on Tnmk Highway 55, 13, 110 within the
limits of said municipality, and
WHEREAS, said construction project has been approved by the Commissioner of
Transportation and identified in his records as 5.A.P. 140-010-04�.
NOW 1'HEREFORE, BE IT RE50LVED, that the City of Mendota. Heights do hereby
appropriate from our Municipal Sate Aid 5treet Funds the sum of up to 350,0(}0 dollars to apply
toward the construction of said project and request the Commissioner of Transportation to approve
this authorization.
Adopted by the City Council of the City of Mendota Heights this 16th day of November, 1993.
CI'd'Y COUNCII.
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
ATTFST:
Kathleen M. Swanson, City Clerk
� - :
CITY OF IliIEIVDOTA HEIG�TS
�� �
November
TO: . Mayor, City Council and City Ad '
FROM: Klayton H. Eckles �.a� ✓
Assistant City Engineer
SUBJECT: Ivy Falls Creek Easement
Condemnation Proceeding and Resolution
7ob No. 9216
Improvement No. 91, Project No. 6
DISCUSSION:
�, 1993
The easement acquisition process for the Miller property is moving ahead. W� recently
received the appraisal from Blake Davis and it was higher thaa we e�ected.
In order to reduce our costs, I have significantly reduced the size of the
easement. This should have little effect on the contractor's ability to complete the pr
other change I have made was to reduce the duration of the temporaYy easement from
year. This has a significant cost savings. These modifications should reduce the eas
from $4,300 to $2,300. In order to implement these changes, Council should pass t]
resolution.
RECOIVIlVIENDATION•
I recommend Council direct staff to reduce the size of the temporuy
duration of the temporary easement to one year.
ACTION REQUIRED:
xt. The
�o to one
ient cost
attached
and
If Council concurs with the recommendation they should pass a motion adopting
Resolution No. 93-_, RFSOLUTION DIItECTING THE ACQUISITI N BY
CONDIIVIl�TATION OF CERTAIN P DRAINAGE AND RARY
CONSTRUCTION EASEMEIVTS IN THE CITY OF MENDOTA HEIGHTS, D OTA
COUNTY, r�IINI�SOTA, amending Resolution No. 93-43 that was previously ado ted.
��
Ci$y �f Ii�%nctota �eigh�s
Dakot,� Cmunty,lVdinnesota
RESU�.U1'ION NO. 93-
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VV� +ii:RF.AS, the City Council has previousiy adapted Rasolution No. 93-43 "Resolation
Directing the Acquisition by Condemnation of Certain Permanent Drai.nage and Temparary
Constructian Easements in the City of Mendota Heights, Dakota County, MN" on August 3,
1993; and
W�i]EREAS, the City Council now deems it necessary to revise said resolution as
follows: t
WI�L�REAS, the City Council of the �ity of IViendota Heights is the afficial governing
body of the City of IV.[endota Heights; and
VYHEREAS, on a motian of Councilmember ,
seconded by Councilmember , the following resolution was adopted
by the affir:�native vote of inemUers of the Cauncil:
WHIF•REAS, the City of Mendota I�eights, County of Dakota, State af Minnesota, has
the right to exercise the pracedure of eminent domain in order to acquire progerty needed for
public use or purpose pursuant the Niinnesota Canstitution and the La.ws of the State af
Minnesota and acted thereunder; and
WHEREAS, the City Council af the City of Mendota. Heights finds that it is necessary
as well as desirable to acquire the follawing descriheci easements for the staxed public purpc�ses:
A permanent easement for drainage purposes including the right of ingress and egress
for the City and its agents, servant and contractors to enter upon the Easement Pragerty at all
reasonable times to construct, reconstzuct, i�spect, repair and maintain the City's munieigal
drainage system, over, under and across the following described property:
That part of Lat 5, Block 1, Ivy Falls 2nd Addition according to the recarded plat
thereaf lying northerly of a line except thai partion taken by the 2Q foot drai.nage
easement, described as follaws:
Commencing at the northeast praperty corner of said Lot 5; thence South 45 degrees 42
minutes West a distance of 8.68 feet, theuce Sauth 85 degrees 41 m.inutes West a
distance af 70 feet to the beginnitng of the line to be described; thence North 74 degrees
3 minutes W a distance af 34 feet; thence Sauth 65 degrees 30 minutes Wesi a distauce
:�
of 28 feet; thence South 27 degrees 21 minutes West a distance of 25 feet; thE
69 degrees 27 minutes West a distance of 42 feet, more or less, to a point on
line of said Lot 5 and there teamuiatang. Said easement is located °ua S
Township 28 North, Range 23 West, Dakota County, Minnesota.
A tempor�uy easement valid for a period of one year from the date and year the
is signed, including the right of ingress and egress for the City and its agents, seT
contractors to enter upon the Easement Property at all reasonable times to construct, re
inspect, repair and mai.ntain the City's municipal drainage systeui, over, under and <
following described property:
That part of Lot 5, Block 1, Ivy Falls 2nd Addition, according to the
thereof, lying northerly of a line described as follows:
Commencing at the northeast corner of said lot; thence southerly along the e�
said lot a distance of 35 feet to the beginni.ng of the line to be described; Sou
degrees 41 minutes West a distance of 110 feet; thence North 40 degrees 0 min
a distance of 30 feet, thence South 24 degrees 0 minutes West a distance o:
thence South 70 degrees 0 minutes West a distance of 140 feet, thence south`
distance of 86 feet, more or less, to a point on the southwest line of said lot 1
feet southeasterly of the most westerly corner of said lot and there terminat'v
easement located in Section 13, Township 28 North, Range 23 West, Dalcota
Minnesota.
NOW THEREFORE, BE YT RESOLVED BY T� CI'I'x COUNCIL OF 7
OF MENDOTA HEIGHTS IN REGULAR MEETING ASSEi��IBLED that those
described above be acquired for the stated public purposes through exercises of t
Mendota Heights' powers of eminent domain.
Adopted by the Mendota Heights City Council this 7th day of December,
ATTPST:
Kathleen M. Swanson, City Clerk
CITY COUNCII.
CITY OF MENDOTA HIIGHTS
:
Charles E. Mertensotto,
South
North
�n 13,
the
plat
t line of
i 85
:es West
63 feet,
;sterly a
:ated 40
�. Said
CITY
City of
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
Dece.mber 7 e 1993
Asphalt License
South Suburban Asphalt
Concrete License
Marv's Masonry Inc.
Superior Masonry & Concrete Inc.
E:xcavatiag License
Fischer Stapf Construction Inc.
Minnesota Home Sewer
St. Paul Utilities Inc.
Gas Piping License
Cherry Plumbing & Heating
Janecky Plumbing
PBBS £quipment Corporation
Mike Peterson Plumbing
SVAC License
Gilbert Mechanical Contractors
Groff's Heating & A/C
Krinkie Heating & A/C
Pioneer Power Inc.
General Contractors License
Card Construction
Flemino's Home Repair
Greiner Construction
Jorgenson Construction Inc.
George Siegfried Construction Co.
T.C.M. Construction
Viereck Fireplace Sales
Gas Pipiag License
Cherry Plumbing & Heating
PBBS Equipment Corporation
Mike Peterson Plumbing
December 7, 1993
TO: Mar�ax and Citr� CounciZ
CLASMS L.Z'ST SUMMARY:
Tota1 Cla.uus
S1gI2.I.fICc212t C.Zr312f4S
Hughes & Costello
Jardi ne �.agan
Med Centers
MWCC
NSP
Unusual CZaims
AEC Engr
Dakoia County
Southview Design
Stillwater Inc
Witt Milier
u
0
c
prosecu�ions
Putnam lawsuit
Health ins
Sewer charge
uti1ities
water tower insp
Pilo� Knob share
93 tree program
P W Garage
P W gargge
`t�� i V7�
2,445
4,709
12,654
48,4�9
6,338
2,500
307,803
12,970
5,5].8
6,293
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CITY OF MENDOTA HEIGHTS
MEMO
November 24, 1993
TO: Mayor, City Council and City Administr
FROM:
SUBJECT:
Lawrence F. Shaughnessy, Jra, Treasurer
Budget and Truth in Taxation Hearing
� DISCIISSION
' In August, the Council approved a preliminary tax
; budget to be finalized following a public hearing on Dec
and
7.
� Approxima.tely two weeks ago the Dakota County Trea urer's
� Office mailed to all property owners in the City their parcel
specific °Truth in Taxation" notices. These notices learly
indicate the anticipated property tax bill for each propert along
with the various upcoming budget hearing dates for the City, County
and School District. To date, we have received no cal s from
property owners inquiring about the hearing or tax levy unts.
.During the budget hearing, I will be prepared to give
presentation on the City's proposed budget and tax levy f�
Conduct the public hearing on the proposed levy and
make any necessary adjustments.
This year we are required to adopt the Levy and
subsequent hearing with the date and time to be annou
hearing. I recommend that the date and time of the
� hearing be held at 5:00 P.M. on December 8, 1993.
ACTION REQIIIRED
, Announce the subsequent hearing to be held at 5:00
Wednesday, December 8, 1993 for the purpose of adopting t:
levy resolution and adopt the proposed budget for 1994.
LES:kkb
c
brief
1994.
t and
t at a
at the
eauent
.M. on
f inal
,� ,
� CITY OF MEI�TDOTA HFsIGHTS
DAKOTA COUNTY, MINNEE�:SOTA
RESOLIITION NO. 93-
RSSOLIITION APPROVING FINAL 1993 TAX LEVY COLLi3CTIBLT IN 19�94 AND
• ADOPTING PROPOSLD BUDGET FOR 1994 I
WBEREAS, the City has previously adopted a Tentative T Levy
Resolution No. 93-47 which was subject to revision at the ime of
� the public hearing; and
�HEREAS, the City has conducted a public hearing on D cember
' 7, 1993 and a subsequent hearing on December 8, 1993, on the
tentative budget and tax levy.
NO� TSERSFORE BE IT RESOLVLD that the City Council a�
following levy for tax against all taxable property in the
Mendota Heights for collection in the year 1994.
� General Fund
� Emergency Prep.
Fire Relief
� Infra Structure Res.
Watershed District
, Legal & Contingency
Levy Subject to Limitation
� Special Debt Levies
Park Bonds
MWCC Deb
' Improvement Bonds
' � Equipment Cert.
Total Special Levy
Total Levy
Less HACA Aid
$2,193,150
1,000
16,900
50,000
10,000
72.000
$2,343,050
$ 320,000
30,000
17,400
$ 82.000
S 449.400
$2,792,450
S 465.160
Net Certified Levy $2,327,290
BE IT FIIRTSER RESOLVSD that the budget as proposed i�
to be practical and reasonable to maintain the City operat�
is hereby approved.
t the
ty of
deemed
ns and
,
�
The Clerk is hereby instructed to transmit a certified copy of
this Resolution to the Dakota County Auditor.
Adopted by the City Council of�the City of Mendota eights
this 8th day of December, 1993.
,
ATTEST:
, Kathleen M. Swanson
City Clerk
By
CITY COUNCIL
CITY OF MENDOTA HEIGHT.�.
Mayor
GENERAL FUND
ANTIClPATED EXPENSE
City Councii
Administration
Elections
Police
Fire
. �o�e.� E�nforcement�
� . :.,.:., . � . .
Road & Brid�e
Parks
Planning
Recycfing
Animal Cont�of
m
1993
20,370
513,490
20,650
1,195,470
194,840
1 � g,700
. ' . . . � ✓
448,190
286, 040
62, 830
12, 880
4,200
2, 877, 660
1994 %
19,990 -1.-:9
522, 900 � :� �
38,710 87.�
1;209,680 1.�
230,990 ��$�,.�
125,740 ����
. r ..... , ,:fj•.i.' . [ � , '
. 408,630 -���.���
327,280 , ��.�;
65,500 � 4�.�
13, 200 ;�-.�
7,2�00 7�1::4-
2, 969, 820 ����0�'4
.,
,
�1.�i��,L �� �����
ANi'IClPATED REV�NUES
Tax Levy
Licenses & Permits
,
Fines
;
Charg�es for Services
.. . � .� . � :�,:. Fund Transfer,.s .. ,
�Intergovemmentai
� Miscellaneous �
Waste Management
�
1993
2, 077;150
221,740
43,700
301,040
, ..:.,.17,000
115,000
95,300
7; 000
2, 877, 930
9
�� 9��
2,193,1 �0�
193,270
37,70Q
08, 900
_ 21, 500
1 � 8,0�0�
.90�,300
7,000
2, ��,���
GENERAL FU�M� S�Ad�Y A�M� COI�1S�lJ�TANT IMFO
Department
Payroll Costs
1992 1993 1994
Budget Budqet � Budqet
Councii 14,370 14,390
Administration 260,020 270,080
Elections 15,750 21,460
; Police 911,660 934,930
; Fire 85,890 88,770
Code Enforcement 97,690 101,210
Road & Bridge 231,110 240,300
' Parks 181,130 187,210
Planning 10,680 11,000
; Recycling 10,680 11,000
: Total Gross Payroli*** 1,777,356 1,818,980 1,880,350
, Fringe Benefit Cost 327,396 357,656 386,598
Net Salary Cost 1,449,960 1,461,324 1,493,752
;
Total Budget
Gross Payroll as %
of Budget
2738110 2888270 2969820
64.9 63.0 63.3
No. �
Full
0
7
0
17
0
2
6
3
0
0
ATION
Base salary increases in 1994 are 3%
�`Salary spread among various department
�`*Seasonal employees: summer, 4; win#er, 2
***Total payroll cost includes workers' comp
insurance, PERA, FICA, Medica! Insu�-a� e
Employees
Part-
Ti�e
5
0
�
0
36 Voi.
0
**
1 **
*
�
1 �+1�E3�#�+��1�3���'' +��f�'fi�►�C1''��25
' � ��1N����. �L1�11�
�1993
Prosecu�ians 48,5a�
�ega1 * . 17,1 �Q
Planning - �
Dahlgren, Shardlow. Ub�a� 18,400
; Air Noise �Consulfiant 10;000�
Animai Cantrol 4,��0
, T�e�surer * � 18,440
� �r� Pt.t�essir�� * � 8;000
� � . : Au+��to� : * - 10, 840.
��� �� �:Eleciion _Judges � 0
_ . . �' �:� . . . ;�•' .�. ..r..,. ..
.. .. ....,. . . `:,�•:.. . .
Fire �Marshal 17,�54�
3 , 0{�(�
1 ,100
21,OC10
1 ,000
,Opt3
1. ,QCKI
,0�4
� ,� �o� .
� ,-15Q�
.=�-.:..;�: �;��:�., . . .
*Additional expense'reflect�d in va�rious �ity fiun s
and in improvement prc��� fund�.�
.• • z
General Fund
Legal & Contingency
� Emergency Preparedness
Fire Relief
Infrastructure Reserve
Watershed District
M.W.C.C. Debt
Equ�pmen� Ce�tifca��es .
Park Bonds �
Improvement Bonds
os
� Less HACA Aid
*Denotes Special Levies
TAX LEVY
1993
$2,077,150
67,000
1, 500
14,900
50,000
7,500
30,000
78,000
318,000
17,400
-449610
1994
$2,193,150
72,000
1,000
16, 900
50,000
10,000
30,000
82,000
320,000 �
17,400
-465160
New construction growth 5.5%
%
Change
4.2A/o
7.4%
-33.3%
13.4%
0%
33.3%
Oq/o'�
5.1 %�
0:6%*
0%*
3.5%
Enterprise Funds
Engineering
Gro.Ss I�even�ues
� 1983 1994
Expenditures
Personal Services 297,290 308,120
,
Contract Services 71,150 71,950
Commodities 11,250 11,250
Other Charges 7,050 7,050
Capital Outlay 0 0
Total Expenditures $386,740 $398,370
Sewer Utility �
Gross Revenues
Expenditures .
Personal Services 97,930 94,780
Contract Services 69,300 69,350
Cornmodities 30,900 28,900
Other Ctiarges 715,550 868,530
CapitalOutlay 0 = 0
Total Expenditures $913,680 $1,061,560
*Includes 20% rate increase effective April 1 billing
Storm Water Utility �
Gross Revenue
Expenditures
Personal Service 7,050
Contract Service 'i 4,(�40 �
Commodities 4�,��0
� Other Charges 200�
. - Capital Outlay 1,200,000
$1,264,450 �
$1,053,000'�
$1,435,990
�
CITY OF MENDOTA HEIGHTS
MEMO
. December 1, 1993
T0: Mayor, City Council and City Administ
, FROM: Kevin Batchelder, Administrative Assista �7
SUBJECT: CASE N0. 93-27: Oskey - Wetlands Permit
DISCIISSION
Mr. Tim Oskey, of 671 Apache Lane, appeared befo e the
' Planning Commission on November 23, 1993 to request a W tlands
Permit to construct a fence in his rear yard. The propose fence
is thirty six inches (36") in height and is proposed to be within
, fifty five feet (55') of a designated wetland (Friendly Hil s Park
Pond). Please aee attached Planner's Report and Applicati n.
. The Planning Commission did not have a quorum on the
� of November 23, 1993, however, they reviewed this proposal
no concerns. Mr. Oskey had submitted signatures of conse�
his immediate neighbors and those members of the P
Commission that were present arrived at a consensus to wa:
required public hearing and recommend approval of a Wetlands
; allowing the proposed fence to within fifty five feet (55' )
wetlands.
ACTION RSQIIIRED
The City Council ahould consider waiving the F
Commission review due to a lack of quorum. If the City
desires to waive this review and implement the suggested a
by those Planning Commission members present, they should
motion to:
1. Waive the required Planning Commission review.
2. Approve a Wetlands Permit to allow construct
fence for 671 Apache Lane as propoaed to with:
five feet (55' ) of the wetlands.
KLB:kkb
�nd had
.t f rom
.anning
ve the
Permit
of the
il
pass a
� of a
fifty-
PLANNING REPORT
DATE:
CASE NUMBER:
APPLICANT:
LOCATION:
ACTION REQUESTED:
PREPARED BY:
PLANNING CONSIDERATIONS:
Background
i�ruieroic:�:t��
CC)NSULTING PLANNERS
LANt�SCAI'E ARCF{ITECT$
.30() FIRSl" AVENUC !JC)R`iH
SUITE 210
:�1IIV\EAPOLIS, �9N ��,IO1
h 12 .i,3�J•.3.i0O
23 November 1993
93-27
Tim Oskey
671 Apache Lane
Wetlands Permit for Fence
John Uban
The Oskey Residence is on the north side of Apache Lane just off of Apache Court on Lot 12. The
northwest corner of the property is adjacent to an area wetland which is not directly on the property.
The applicant's survey indicates that the 100-foot wetland permit area cuts diagonally across the
northwest corner of the site. Any structure built within this area must get a wetlands permit. There is
a row of planted pine trees along the western property line and the sides of the property have an
existing fence. The proposed fence is 36" high and is to be the continuation of the fence recendy built
along the east property line. The purpose is to keep the young children and dog safely within their
yard, separated from the wedand to the north. The proposed fence then closes off the rear property line
that runs to within 55 feet of the wetland proper.
The existing home is set over 135 feet from the wetland so only the new fence would penetrate the
100-foot wefland permit area. The backyard is primarily lawn and the existing trees and brush along the
wetland stop approximately 30 feet from the closest property corner.
Wetland Permit
The wetland permit is to assure that all due care has been taken when altering areas within 100 feet of a
wetland. The proposed fence will not alter the land form nor will it alter the existing vegetation azound
the wetland. The azea is now maintained as yard and no native vegetation exists that would be
impacted by the fence construction.
Tim Oskey, Case 93-27 � 23 November 1993 � Page 2
, The fence is proposed to be painted cedar and is only 36" in height. The board spacing is s ch that
approximately 50 percent of the fence will be transparent, allowing the free passage of air d
minimizing any view obstructions. �
The proposed fence is modest compared to normal six-foot-high privacy fences and should
significant impact on the natural conditions sunounding the adjacent wetland.
Action
Review wetland permit and make recommendation to City Council.
have
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Oskey
671 Apache Lane
Mendota Heights, Mn. 55120
Re: Wetlands Permit
We propose to build a 36" high fence along the north property line
contiguous to our neighbors south side property line.
We already have built the fence along our east side property line
(under a separate building permit), with the proposed fence
concluding the inclosed area. '
The fence is built out of cedar and paintes� off-white. The design
of the fence (as drawn on the accompanying plan) is intended to
minimize the impact of the fence, while being visually appealing.
The purpose is to keep our 3 year old boy, our 6 month old
daughter, and our dog from wandering out of our yard (especially
to the pond behind our neighbors property).
� 1'
,��,endata HeY
A,PPLICATION FO�R�CONSIDERATIQN
PLANNING REQUEST
Case No. q ����
Date af Ap lication j f
Fee Paid .L.��;,�
Applicant Name: �SI� '�'i n� 'T r,rs. _�! ,��i' , f'`
(i-ast)
aa��: � 7l_���€ �:
(Number & street}
o��� rr��: S�rne
(r-asc)
Address: �-��
(Number & Street)
Street Locatian of Propercy in Question:
� : Legal Descripdon of Property:
(F'��) (�
rn�7�a� ��'.
(City}
.
(State} (Zip}
�.
(State) (Zip)
ex, S �jc.��
���� ����
��
.ts
�,�u�,-,,�G� 1, �9�,eo,,�J�
. ,
Type of Reqnest:
Rewning Variance
Conditional Use Permit Subdivision Approval
Condidonal Use Penmit for P.U.D. � Weflands Permit
Plan Appmval Other (attach explanat
Comprehensive Plan Amendment
Applicable City Ordinance Number Section
Present Zo�ing. caf�Frapert� Px�esent Use �
Proposed Zoning of Property : F�oposed Use
I hereby de�Iar+� that a22 s'tataments made in this request and an the additionai
rnateria� a� irue. . ' ��'f�.�,.�� J L�' �
{Signature of A Iicant} ��
%�f
(pace)
• (Received by - Tit2e} �
. �
1101 Victoria Curve • Mendota Heights, 1ViN • 55118 � 4 2• 185U
z
�
�i�� o�
,��,.,� �,,� .��ie�.dota �eigli�s
r�i.n.n �• --
SIGNATIIRES UF CONSENT FC?R VARIANCE RLQUES2
._�i�riZ7
FRClM:
The Plann,ing Cammission, City of ,t�endata. Heights
Property owners of (� "71 �1 p� �-� � rJ � -
RE: t+1� �. i c-A.�t ps �' �.�'t T- �o R- �4 �"��1 C�=,�. l,J � T� t�
t o� t !J �= �� �a rJ`t�
. �
We �he undersigned have reviewed the:plans far 7'l�"1 '��
' s . and •-under-stand the terms • and �-- . . .
condi�ions of the requested �-�ri�'��1� j _ � � � � �,�,, -
.
We have no � ob� ections • to this •request . and do hereby give our •'
written cons�nt and consent ;to' waiver iaf public 3iearing. -
Sa.ancerely,
N&ME (Please Printj
Atex �ti��v� ���i�t3uRG-
, .
��J� �a `` 5'oAr� � Go�J =
�,�`.'—�--��...'��i r�u.G�r�l��fYr,
�
� �������
SSGNATOR�
G�� �'f l.� 2.-! v r'-'' .
. �����
' �.�°�� .,�'����--
ADDRESS (INCL. SATj -
2.�,� p,Pau-� c �-r
��� S Al��ic� c,�-'
� �?� APf�.t�+�- Lhl '
r
��n1 vitt4-t��5� �:*re�sr► _ x�.�«r�n.4-z i�tii�[�4-o XXN.. /C�"11Q I�r"� '•r"+r'^•
% 4
� ♦��l<1�
December 3, 1993
I
. 1
1��.endota H�r.i
�r.
Mr. Tim Oskey
671 Apache Lane
Mendota Heights, NIl�T 55124
Dear Mr. Oskey:
Your applica.�ion for a'�Vetlands Pe�nit will be conaidered
City Council at �heir next regularly scheduled meeting, whi
be held on Tuesday, Dec�xnber 7, 1993. The Council mee�ing
at ?:30 0` clock P.M, here at City Hall in the Council. Ch
�You, or a representative should plan on attending the mee
order that your application will receive Council cons
If you have any questions, please feel free to contact me.
Sincerely,
��-�n-� '�'"''
Revin Batchelder
Administrative Assistant
E;i�:�*�'•7
Enclosures
��
ts
the
will
arts
ers.
g in
t.
110i �lictoria Curve =1V�i�endota Heights, 1V�N • 55118 �, 45 •1850
..�
� � C lty O�
.... . 1Viendota HeightS
November 18, 1993
Mr. Ti.m Oskey
671 Apache Lane
Mendota Heights, NIl�T 55120
Dear Nlr. Oskey:
Your.application for a�etlands Permit will be considered by the
Planning Commission at their next regularly scheduled meeting,
which will be held on Tuesday, November 23, 1993. The Planning
Commission meeting starts at 7:30 o'clock P.M., here at the City
Hall in the Council Chambers. You, or a representative should plan
on attending the meeting, in order that your application will
receive Commission consideration.
If you have any questions, please feel free to contact me.
Sincerely,
�����
Revin Batchelder
i (��
Administrative Assistant
RLB:kkb
Enclosure
1101 Victoria Curve • 1Viendota Heights, 1ViN - 55118 452 • 1850
CITY OF MENDOTA HEIGHTS
MEMO
TOs Ma.yor, City Council and City
December 2, 1993
Administ a��
FROM: Kevin Batchelder, Administrative Assist ntt"�
SUBJECT: CASE NO. 93-28: Heaver - Variance
DISCIISSION
Mr. Keith Heaver, builder representing the owners of 16
Road, appeared before the November Planning Commission to
a rear yard setback variance that would allow constructic
single family home. The proposed home site is shown on t]
plan to be ten feet (10') from the east property line in o;
move it away from a high water ta.ble and poor soils. Ple<
attached Planner's Report and Application.
The Planner's Report stated that the City could approa
request in two fashions. First, a variance to the re�
setback could be considered. Second, we could allow the p
owner to choose the southern property line (where the hous
and driveway access is proposed) as the front yard. The p.
site plan would then meet all yard requirements. Please r�
Planner's Report.
Lacking a quorum, the Planning Commission moved to �
that the City Council consider approving the constructio
single family home on Lot 1, Block 1, T and J Addition, w:
designation of the front yard on the southern edge of the p;
(adjacent to the outlot used for driveway access) wi
following conditions:
0 Dodd
�quest
i of a
� site
3er to
ae see
this
yard
faces
er to
uggest
i of a
th the
operty
:h the
1. Development of the property is subject to etland
preservation practices and the recording of a
conservation easement for the protection of the w tlands
adjacent to Dodd Road.
2. The upgrade of the existing common driveway to
code standards.
f ire
ACTION REQIIIRED
Due to the lack of a quorum, City Council should consider
waiving the Planning Commission reviewe If the Council desires to
implement the suggested action by those members of the Planning
Commission that were present, they should pass a motion to:
1. Waive the Planning Commission's review; and
2. Designate the front yard of Lot 1, Block 1, T and J
Addition to be the southern boundary with the following
conditions:
1. Development of the property is subject to wetland
preservation practices and the recording of a
conservation easement for the protection of the
wetlands adjacent to Dodd Road.
2. The upgrade of the existing common driveway to meet
fire code standards.
KLB:kkb
! J
�
PLANNING REPORT
DATE:
CASE NUMBER:
' APPLICANT:
LOCATTON:
ACTION REQUESTED:
PREPARED BY:
PLANNING CONSIDERATIONS:
Background
�fk7
CC)tiSUt"fWG I'LANNERS
LA\DSCAPE ARCIi1'I'L•C'"T'S
30U PiRST AVf•.NUG fJOK'Tlj
SUITL• 310
?�9f\,1Gr�POLIS, �iN 55�J(11
61� i.39 .i i(1(1
23 November 1993
93-28
Keith Heaver
1680 Dodd Road
Dave and Jo Fairbairns
Rear Yard Setback Variance
John Ubari
The proposed home to built by Heaver Design and Construction is locatefl on Lot 1, Block
Addition. This lot was previously owned by the Lilly Family. The T and J subdivision cre
lots of which this is the first one facing out on to Dodd Road. Along the southem edge, a 5
driveway easement and oudot was platted for access to all three large lots. The property is
acres in size with approximately half of the property having a high-water table sunounding
unmapped wefland. The wetland has been shown on the submitted drawings but does not aF
City's official wefland map. Because it does not appear on the Ciry's map which is the offic
the City's Ordinance, the wetland permit process does not apply to this specific wetland. T
does show up on the National Wildlife Wetland Inventory Map and is controlled by the US
Engineers. Because of that, the wetland cannot be filled or altere� without going through n
wetland permitting process. �
The property has over 3Q0 feet of frontage along Dodd Road, however, access is proposed
driveway easement and outlot to the south. It is beneficial to keep driveways off of Dadd ]
consolidate access through public streets or shared driveways. Because of the need to mini
to Dodd Road, lots adjoining State Highway 149 (Dodd Road) right-of-way often times do
themselves to a traditional front yazd, rear yard arrangement. Ordinance 3.2(74) describes
yard as the portion of the lot that abuts a public street. When a lot has public street fronta�
private driveway easement for access, the relationship may change.
� In the case of a corner lot, the Ordinance states that the front yazd may be designated by the
; the approval of the Code Enforcement Officer. If the accessing driveway on the south side �
, public road, the front yard could be either right-of-way frontage. The owner would then hav
flexibiliry in choosing where the home's rear yard would be. With some clarification, there �
T and J
� three
two
�r on the
map of
wetland
ro of
�m the
ad and to
ize access
�t orient
e front
and a
wner with
re a
some
av be an
Keith Heaver, Case 93-28 23 November 1993 Page 2
opporlunity for choosing the designation of a front yard if the City is willing to accept the 50-foot oudot
for a common driveway to be considered frontage. This is important when access to the public road
would typically be restricted since Dodd Road is considered an arterial.
Soils exploration has been performed on the site indicating ttiat a large portion of the land adjacent to
Dodd Road has a high water table. The remaining areas suitable for building are on the far eastern edge
of the property.
The property depth from Dodd Road varies between 200 and 300 feet. The rear yard by ordinance is
30 feet or 20 percent of lot depth. This would create on the property a required rear yard of between
40 and 60 feet. If the front yard is determined to be along the private driveway outlot to the south, then
the rear yard setback on the northern boundary would be 65 feet.
The applicant has submitted plans showing the proposed home and driveway with building elevations.
The submitted site plan also shows a lot division that has not been processed by the City. The City and
County records show this lot as a single lot. The purpose of a proposed lot division was not explained
in the narrative nor was, any action requested. This item needs to be explained by the applicant. The
site plan dimensions the building to this proposed property line which may not be relevant.
The proposed home sits on the higher ground with proposed elevations to be three to four feet above
the water table. This area collects water from a larger water shefl of surrounding properties. It would
be understandable if the water level in this area would continue to increase as other properties develop
in the future. Area drainage patterns should be reviewe� by the applicant.
City utilities are available to the site with water on the east side of Dodd Road and sanitary sewer on
the west side. Sanitary sewer will have to be jacked underneath Dodd Road to serve the property.
Public notices were mailed and a public hearing is required.
Rear Yard Variance
The definition of the front yard can be construed to apply to a private drive if it gives access to several
properties and is platted as an outlot suitable for conversion to a public street. The oudot is platted at a
50-foot wide dimension. The other criteria to consider on changing the designation of the front yazd
would be that this is a corner lot situation on Dodd Road which would normally have restricted access.
It would be to the benefit of the public to minimize driveway connections onto Dodd Road. The rear
yard then is described as that part of the lot that is opposite the front yard which would place the rear
yard on the far northern property line. If the definition of the front yazd is interprete�i to be along the
outlot with private driveway easement, then the 10-foot setback on the east side to the gazage is an
appropriate side yard setback and no rear yard setback vaziance would be needed. A rear yard setback
would be 60 feet for this area if the City determines that Dodd Road must be the designated front yard.
The adjacent home to the east is built approximately 150 feet easterly of the subject property's eastem
property line. There is suitable grade separation, distance, and woods that will separate the proposed
home from the existing residence. The adjacent home also faces to the south with its apparent front
yard toward the 50-foot outlot and driveway easement. To consider this lot orientation for the front and
rear yard would be consistent with the adjacent property.
The Planning Commission can then consider designating the southern property as the front yard and
eliminating the need for the rear yard variance. Because the wetland area is not on the Ciry's wetland
map, the City may consider requiring the applicant to place a conservation easement over the wetland
and high water table area to remove the possibility of future access or building orientation out to Dodd
Keith Heaver, Case 93-28
23 November 1993
Road. This then would secure for the City the orientation of future homes and continue
the area using the platted outlot as the front yard orientation.
Page 3
of
The existing driveway from Dodd Road is 14 feet wide. The road requirements for access t homes
has been determined by the Fire Marshall to be 20 feet wide. The last driveway approved b the City
consisted of a 12-foot-wide pavement with 4-foot gravel shoulders creating a 20-foot-wide r � adway
section. The road and shoulder design must support 7-ton axle load.
The proposed home is setback 53 feet from the delineaterl wedand. No wetland permit is ne
because this area is not mapped on the o�cial City wetland map. Specific plans should be ;
the City to show erosion control and vegetation reestablishment for the areas around the we�
Utility construction may also impact the area because the plan shows a utility easement cutti
the middle of the wetland. This location and subdivision of this lot has not been review.
Action
Hold the public hearing and make recommendation to the City Council. Considerations:
1.
5.
F
Designate front yard to be on the southern edge of the property adjacent to outlot
purposes eliminating the need for a rear yard variance.
Clarify with the applicant the illustrated lot division shown on the site plan.
Development to be subject to modem wetland preservation practices and the reco;
conservation easement for the protection of the sensitive land along Dodd Road.
Upgrade existing common driveway to meet fire code standards.
Confirm area drainage conditions and future water levels in wetland area.
�
through
- driveway
of
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Case J3-28 NORTH� �
�
a
MENDOTA NFIGHTS, MN L.�
0' S0' lOC 200' ,,,, , 9 Y
�
November 9, 1993
City of Mendota Heights
Attn: Planning Commission
1101 Victoria Ciirve
Mendota Heights, MN 55118
RE: Lot 1, Block 1
T & J Addition
Mendota Heights, MN
Dear Sirs/Madams:
� We would like to construct our new home on the above referenced lot. How
the nature of this lot with regards to a high water table, it is imperative that c
. built as close to the eastern property luie as possible. This would enable us
basement floor elevation to eliminate potential flooding resulting from the high
�
;r, due to
home be
raise the
ter table.
Therefore, we are requesting a twenty foot (20') variance to the Rear Yar Setback
requirement of thirty feet (30'). This would leave an actual rear yard setback o� ten (10')
feet.
We feel that with respect to the lot and orientation of the house, the back pro
' perceived as a side lot line, and therefore is consistent with a ten foot (10') s
back on a typical lot in Mendota Heights. We appreciate your consideration in
Sincerely,
, �
��
�- ��� ��� `
avid R. and Jo M. Fairbairn
ty line is
yard set
� matter.
Applicant Name:
� Ci�y a�
1��iendota Hei�hts
APPLICATION FOR Ct3NSIDERATION
QF
PLAN�G REQUEST
case No. � �-�--`Z�
Date of Agplicatio / t 4''
Fee Paid � `,'���C?S
, I��UI=t�- �.�.� I � I� PH: e� � �- C'%S�"2
(I-ast) tF'�) tM�
Aaa�: �� 5 1n r..,vx��a �`� L�.� /'1'1 ��
c��� � s�t� cc��� cs�t�} rzip>
Owner Name:
(I.ast)
�
aaa��: �lyD �-112��' ����a�st�.� ��sT s-�y %�1� �t,
c�v�� � s��t> tcx�y� cs���} c�i��
Street Location of Praperty in Question: i�-D — t ��� 1'� �d '
=;�-�-��-s---- i% - ,� _
��
(, `;; Legal Description of Froperty: �� % � ,�,� �Gl�= �
J � r
4
� �
Type of Request:
Rezoning
Conditional Use Permit
Conditionai Use Permit for P.U.D.
Plan.Approval
Comprehensive Plan Amendment
Applicable City Ordinance Number
PresenEt Zoging, af.Praperiy Present Use �
' •i• -� •� �• • ' •i• ' �s• .� ,,.
,�, Variance
Subdivision Appmvai
Wetlands Permit
Other (attach explanation}
Section .
I hereby declare ihat ali s'tateme�ts made� in this request aud oa e additional
materiai are true_ . �
. y
" (Signature af Applicaut} _
�
� '
(Received by - Title) � •
11U1 Victoria Curve • N�,endota Heights, N�N - 55218 452�185Q
CITY OF b�NDOTA H$IGHTS
NOTICg OF HEARING
' November 12, 1993
TO WHOM IT MAY CONCLRN:
, NOTICE is hereby given that the Planning Commission of
Heights will meet at 8:15 o'clock P.M., or as soon as �
thereafter, on Tuesday, November 23, 1993, in the City Hall
Chambers, 1101 Victoria Curve, Mendota Heights, Minnes
consider an application from Mr. Reith Heaver, of Heaver De
� Construction, for a Rear Yard Setback Variance to al
construction of single family home on the following d�
� property:
Lot 1, Block 1, T and J Addition.
More particularly, this property is located at 1680
This notice is pursuant to City of Mendota Heights
No. 401. Such persons as desire to be heard with refere
proposed Wetlands Permit will be heard at this meeting.
Kathleen M. Swanson
City Clerk
Auxiliary aids for disabled persons are available upoa
at least 120 hours in advaace. If a aotice of less t
hours is received, the City of Mendota Heights will mal��
attempt to provide the aids, however, this may not be �
on short notice. Please contact City Administration
1850 with requests.
0
nenaota
�ssible
�ouncil
�ta, to
ign and
ow the
scribed
Road.
to the
request
haa 120
;e every
ossible
at 452-
�i�y o�
,,,��,� ,,,� ,��.endota Heights
. _, --
SIGNATURES OF C(�NSENT FOit VAI2IANCE REflIIEST
2'0: The Planning Cammissian, City of 2�endota Heights �
FR.oM: Property owners af � � � � � �� � �t�' �
�j2 t� �-Gc�l�'-�' - ��r t �t�`�'
�
�..�- �`�'��..�9 �kt�.�-k- �U�.�-��:��.. ��.
�
�� . � �r�e� v � �--�..� . •
:�
We the undersigned have reviewed the : p3.ans for �i(� �C 27 '�6� tt-�
' • : . �and ••understand the terms • and �••
conditions of the requested� variance. for �� �-- .��r-- � ' Se f�-�.�
• �a D {;�.�..R,�,��'1ou"5.���'U '� - ..w�. •. v� � .
WQ hav� not ob� ec�t s ta th�.s -recruest and do hexebv aive auz �
written consent. and �consent ;tc' waiver ot public
Si.�naexeiYr
�[AME (Pl.ease _ Printj
�p��,✓`}" �� Ghr'c s�`-�� e,� �c.1 r'►�
i• � •
L.tn!/.�/�#- L.r n1 p ;�� - � . • .
�c�►��1�( �; 1'y1�rt., IG�:, I��.lsa�� • -
1°�,�z ,�- �a� ��,�. ��� � ..
� R.� L �'� � ��,D �,tr ! � .
�o��-t � K� ���� � (�� dd�
��� �_��_-� ��Ye, � .
�; .
ADDRESS (INCL. IAT) r
�.s t : �.G'��G( �t�-
!G Sc. iJo� ��
� /6�0 1���1��. -
- 1��- �,.r� ��
1��8 �� Lo�2 �1 �
17� r��P R�P
7 SZ-- �Ue�. q,�e�., �� i/5
< < � .. � �.. . � /'V � � ./ i T 9e� � _♦ e 1' t 1►T K wrt.f A � r..+. . .� . ' '
�
Nave:mher 18, 3993
Mr. Reith iieaver
Heaver Design and Canstruction
875 Mendako�a Caurt
Mendota Heights, NIl�7 55I24
Dear Mr . Iieaver »
Cit o�
.��ier�dota Hei hts
Your application for a Variance will be considered by the �
Commissian a� their next regularly scheduled meeting, which
held on Tuesday, Navember 23, 1993. The Plann.ing Con
meeting �tarts at 7:30 o'clock P.M., here at the City HaI]
Council Chambers. You, or a representative shoul.d a
attending the meeting, i.n order that your appiication will
Gomm:ission consideration.
Tf you have any questions, please �eel free to contact me.
Sincerely,
i AI�j �
Revin Batchelder
Administrative Assistan�
RLB:kkb
Enclasure
will be
nission
in the
lan on
_eceive
1I01 Victoria Curve • 1V�►endota Heights,lVfiN • 55118� �4t�2 • 1850
� i�y o�
.. �. . � 1��ie�da�a Hei�hts
December 3, 1993
Mr. Keith Fleaver
Heaver Design and Cons�ruction
875 Mendakot�a Cour�
Mendota Fieights, N�T 55120
Dear Mr, Heaver:
Your application for a Variaaee will be considered by the City
Council at t�heir next regularl.y scheduled mee�ing, which will be
held on Tue�rday, Deeember "7. 1993. The Counc�.1 meeting start� at
7:30 o'clock P.M. here at Ci.ty Hall in the Council Chamiber�. You,
or a representaGive should plan on at�ending t�he meeting in order
that�your application will receive Council considerat3.on .
If you have any questions, please feel free to contact me.
Sincerely,
�� -�- .
Kevin Batchelder
Administrative Assistant
Enclosures
11U1 Victoria Curve • 1'V�endota Heights,lViN • 55118� _.452• 185U
TQ: Mr, Keith �Ieaver
Heaver Design & Construction
87S Mendakota Court
Mendota Heights, MN 55120
PROJECT; RFSIDENCE
I9b$ DC}DD RQAD
MENDOTA HEIGHTS, MINNL•'SOTA
t ••� 1�
���w
�W�n ����
corporaGon
T.}ATE:
662 CROMW �L AVENUE
ST. PAU , MN 55114
PHONE 12/645-3601
August 3, 1993
PROJECT NO: 4i22 93�-i253
SUBSUR.FACE EXPLOFtATION PROGR.AM
We have conducted a.geotechnical expioration pragram for yaur proposed residences at
T and J Additian in Mendota -Heights, Minnesota. The explaration program was
authorization of 7uiy 3, 1993.
4ur authorized seope af services was limited to the foIiowing:
l.
2,
Explore the subsurface saii and water conditians by means of two (2)
borings.
Present the results of our field work in a formal report, including logs of the
of the boring Iocations, and recammendations to prepare the site ta support a
EXPIARATION PRCfGRAM RESULTS:
l.
�
Expioration Sca,�e -
The borings for this lat were put down at approximately the loca.tions select�+
on the attached sketch. The sketch also indicates the iocation of the hyd�
benchmark in determining the surface elevation at the borings. An assumed �
was used for the top of this hydrani. The exploration and sampling methods :
appendix. '
Surface Canditions -
The surface of the lot is waoded and fairly level. The surface elevatians at
are 102.7' and 103.3', at barirtgs #1 and #2, respectivety.
AS A MU7UAL PROTECT�ON TO CLfENTS, THE PUBLIC AND OURSELVES. ALL TWIN CITY TES7ING C4RPORATION REPdRTS ARE SUBMITTED AS 7HE CONF
AND AUTHORIZATION FOR PUBLICATION OF STATEMENTS. CpNCLUSI4NS OR EXTRACTKINS FROM OR REGARDING OUR REPpRTS IS RESEftVEO PENDING
1, Biock I of the
ormetl per your
penetration
t borings, a sketch
�idential structure.
by you as shawn
int we used. as a.
levation af lOp,O'
re inciuded in the
boring lacatians
IAI. PROPERTY OF CUENTS,
PRIdR WRITTEN APPRQVAL.
PROJECT NO: 4122 93-1253
DATE: August 13, 1993
PAGE: 2
SUBSURFACE EXPLORATION PROGRAM
EXPLORATION PROGRAM RESULTS (con'i):
3. Subsurface Conditions -
The subsurface conditions encountered at each test boring locations are illustrateri on logs included
in the appendix. We wish to point out that the subsurface conditions at other times and locations
on this site may differ from those found at our test locations. If different conditions are
encountered during construction, it is necessary that you contact us so that our recommendations
can be reviewed. The test boring logs also indicate the possible geologic origin of the materials
encountered.
Based on our review of the soil borings, the subsurface soil profile consists of approximately 2'
of topsoil underlain by interbedded layers of silty sand and clayey sand. At boring #1, a layer
of very soft lean clay was encountered between the topsoil and the silty/clayey sands. Based on
the N values, the silty sands are in a loose to medium condition while the clayey sands are of a
firm consistency. •
4. Water Level Measurements -
Water was encountererl at a depth of 2' at each of the boring locations. This corresponds with
an elevation of approximately 101'. Variations in the local water conditions should be expected
seasonally and from place to place.
ENGINEERING REVIEW
1. Project Data -
The engineering recommendations made in this report are based on our understanding of the
project as describeri in the following paragraphs. The recommendations are valid for a specific
set of project conditions. If the characteristics of the project change from those indicated in this
section, it is necessary that we be notifietl so that we can determine whether the new conditions
affect our recommendations.
We understand the proposed construction will be a single-family residences of wood-framed
construction. We assume the proposed houses will be a split-entry or split-level type basement.
We estimate the garage floor elevation will be approximately 108.0' and the bottom of footing
elevation for the basement will be approximately 103'. We have no information concerning the
actual building loadings, however, we assume soil bearing pressures of less than 1500 psf using
the minimum faoting width allowed by the building code, which is typical for this type of
construction.
4S A MUTUAL PROTECTION TO CLIENTS. THE PUBLIC AND OURSELVES, ALL TWIN CITY TESTING CORPORATION REPORTS ARE SUBMITfED AS THE CONFIDENTIAL PROPERTY OF CLIENTS.
1ND AUTHORIZATION FOR PUBLICATION OF STATEMENTS. CONCLUSIONS OR EXTFiACTIONS FflOM Oft REGAROING OUR REPORTS IS RESERVEO PENDING OUR PRIOR WRITTEN APPfiOVAL.
�OJECT NQ: 4122 93-1253
DATE: August 13, �
PAGE: 3
SUBSURFACE EXPLORATION PR4GRAM
ENGLRfEER]NG REVIEW tcon'i}:
2.
3.
Discussian -
Based an our review of the soii boring logs, it is our apinion the tapsail and ve
is of paor quality and should not be relied upon far foundation support. There
and very soft ciays within the building area shauld be removed. At the bori�
estimate excavation depths of approximately 4.5' and 2' at borings #1 and #2, 7
Where the excavation gaes. below planned bottom of footing elevatian, the exca
aversized a distance equai tc� the depth of compacted fill required beneath the
aversize). The oversize is required for proper lateral distribution of the footing 1
fiil system. We recommend close observation of the faundation excavation b
engineer or engine�ring assistant in order to aid in delineating areas where soft sc
exist. Since :the excava#ian wili be taidng piace very near or within the
recommend the excavation be performed using a backhoe. Also, some de
excavation may be required at the lower parts of the exca�ation in order to ob;
topsoil and/or soft clay is being removed.
soft lean clay
e, the topsoil
Iocafions, we
�tion should be
�ating {ie, 1:1
ids through the
a geatechnical
condition may
ater table, we
atering af the
rve that aIl the
Fill placed within water or within 2' above the water should be a free-draining sand containing
less than 5% finer than the #200 sieve. However, above this, the fili can consist f any inorganic
soil anti should be compacted to at least 95 % of the Standard Proctor density (A 'I M:D69$-78).
Compaction tests shouid be taken in the fi11 at 2' vertical intervaIs to dacume t that adequate
compaction has been attained.
Foundation Recommendations -
Provided the building area is pregared as described abave, it is our apinion that
supported upan conventional footings that bear upon the natural soils or on the �
compacted fill. The footings can, in our judgment, be designed far a malcimum ;
bearing pressure of up ta 1500 pounds per squaze foot (psf�. At this loading we
sett�ement of the house will be less than 1", and differentiat settiement less tha
Minimurn foundation depths for the house and garage faotings are recommen
areas of the building that will be heated during cold weather. Areas that are un
the garage, shauld have foatings extending appraximately b0" ta minimize the
related activity belaw the foundatian.
.e house can be
wly placed and
t allowable soil
timate the total
112".
ta be 4$" in
�d, including
of any frost
AS A MUTUAI PAOTECTION TO CLIENTS. THE PUBLIC AND WRSELVES. ALL TWtN CITY TESTING CORPORAT�ON REPOFiTS ARE SUBM�TfED AS THE CONFIDENTI L PROPERTY OF CLIENTS,
4ND AUTHORIZATION FOA PUBLICATION OF SiATEMENTS, CONCLU510NS OR EXTRACTIONS FRQM OR fiEGARDING OUR RBPORTS 15 RESERVEO PENDING OUR RIOR WFi1TTEN APPROVAI.
PROJECT N4: 4122 93-1253 DATE: August 13, 1993
PAGE. 4
SUBSUR.�ACE EXPLQRATION PROGRAM
�NGINEERING REVIEW (con't):
Beneath the basement floor slab we recommend at least 5" of free-draining sand and gravel that
cantains less that S% finer than the #204 sieve. This granular cushion grovides a capillary break
to any moisture rising from maist soils below the floor. Further, we suggest inst�itling a minimum
6 rnil plastic sheet, or similar vapar banrier within the sand cushion. If an underfloor heating
system is to be installed in the basement, we recommend the thickness of the sand cushion be
increased to 8" and an underfloor drain system be provided.
4, Below Grade Walls -
Uszng the existing clayey soils as backf tl against basement wal2s will in our opinion transmit a
lateral pressure to the walls equivatent to that of a fluid having a density of at ieast 80 pounds per
square foot per foot for at-rest conditions. To reduce this lateral pressure to 45 paunds per square
foot per foot and also reduce the risk af frast related actavity along tize wails, we recommend
bac�lling behind� the •walis w%tit the free-draining sand recommended abave. This free-draining
soil should extend at least 4' aut � from the outside af the wall aztd should be compacted to a
minimum of 90% of the Standard Practar density, or 95% below walis and pavements. Over-
compaction can result in higher iaterai pressures. The granuiar f li shouid be capped with at least
1' of compacted clay ta reduce any moisture accumulation wiihin the backfill. The backfill should .
be drained by means af an. exterior drain tile. The belaw grade walis should be at Ieast
damppraofed. As part of the darnpproafing process, we recommend covering the walls with a
6 mil plastic sheet or similar. The grade adjacent ta the house should be contaured for rapid
surface drainage away from the hause. We have inciuded a sketch of a typical exterior drain tile
system within the appendix of this report.
S. Frast Precautions -
I}ue to the fact that soiis undergo a moisture-volume expansion upon freezing, we are attaching
an infarmation sheet enumerating the precautions which shouid be observed during freezing
conditions. We are also attaching an information sheet concerning what we consider to be sound
engineering practices for the construction of a fill sequence.
i r►/: ►►�s�
The recommendations conta.ined in this report represent our professional opinions. These opinions were arrived
at in accordance with currently accepted engineering practices at this time and Iocatian. Other than this, nn
warranty is impiied or intended. ' �
About one-half of the samples we obtained during this expioration will be retained in this office for one month.
Thereafter, we will discard them uniess you notify us ta hald them for a longer periad of time. We are
transmitting three copies of our report to you.
1S A MUTUAI PROTECTION TO CLIENTS, THE PU6LIC AND OURSELVES, ALL TWIN CIN TESTING COflPORATFQN qEPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OF CUENTS.
iND At1TtiORIZATiQN FQA PU$llCATION OF STATEMENTS, GONCLUStONS QR EXTRACTIONS EfiOM OR REGAROtNG OUR REf'ORT81S RESERVEO PENDING OUR PRtQR WRlTTEN AFPROVAI.
- � :4JECT N4: 4122 93-i253
. ;
DATE: August 13,
PAGE: 5
S�1IiSURFACE EXPLORATION PROGRAM
REMARKS (con't) :
If you have any questions or if we could be of further service, please do not hesitate to ca]
(612) 659-9405.
TWIN CITY TESTING C4RP'ORATION
� 1
�.9�-�-�-R.. i��-�--' ��'��--�,�,,.
Melanie Fiegen, P.E. . Kenneth J. LaFand, P.E, /
Geotechnicai Engineer Senior Geatechnical Engineer
MFiKL/ked
GFAFII.ES\SJQ�R1253.MEL
n
i993
Steve Olson at
0
1S A MUTUAL PROTEC710N TQ CLIENTS. THE PUBUC AND OURSEWES. ALL 7WIN pTY TESTING CORPORATION REPORTS ARE SUBMITTED AS THE C4NFIDEN AL PROPERTY OF CUENTS,
�ND AUTHORIZATION FOR PUBUCATION pF STATEMENTS, CONCLUSIONS OR EXTRAC710NS fqpM OR REGARDING OUR REPORTS IS RESERVHO PENDING OUR RIOR WRITfEN APPROVAL.
�
�
FROM:
CITY OF MENDOTA HETGHTS
MEMO
December 2, 1993
Ma.yor, Ci�.y Council and City Adminis�
�
Revin Batchelder, Adma.nistrative Assis
�UBJECT: CASE N0. 93-26: McDonald°s Corporation - CUP
DISCO'SSSON
.Mr. Fred Reynolds, represen�ing McDonald'� Corpo ata.on,
appearecl at the Navember Plar�ing Gommission meeting �o re est a
Conditional Use Permit to allow construction of a free s� nding,
l2Q square �oot cashier'sj�ace-to-face booth for the McD nald's
Restaurant a� 2020 Dodd Road. Please see at�Gached Planner's Report
and Application.
There was not a quorum at the Planning Commission m eting,
however, those members present reviawed the reque�t a d the
proposed plan. Lacking a quorum, �.hose member� presen� su gested
that City Counci2 approve a Cond3tional. Use Permit �or t�he p aposed
booth wi�h the following suggested conditions:
1. Submittal of land�cape plans for reva.ew by staff
2. Submittal to the Gity the plans for
safeguards to enhance security.
3. Relocation of the handicap parking s�all�.
ACTION REQIIIRSD
tianal
Due to the lack o� a quorum, Ci�.y Cauncil should c nsider
waiving �he Planning Commission review. If the Council des're� to
implemen� the suggestion of tho�e members af the P anning
Gomm3.ssion that were presen�, they should pass a motian to
1. Waive Planning Commiseion reva.ew; and
2.
��-3�.'�+ ;�^,
Adopt Resolution No. 93- A RESOLUTION APPR VING A
CONDITIONAL USE PERMST FOR A NEW CASHSER'S B OTH AT
MCDONALD'S RESTAURANT
CiTY OF Ml'�+TDOTA HEIGHTS
DAROTA COUNTY, MINNESOTA
RESOLIITION NO. 93-
A RESOLUTION APPROViNG A CONDI'�IONAL USE PERMIT F4R A NEW
• CAS8I13R'S BOOTB AT MCDONALD'S RRSTADRANT
WHEREA.S, McDonald's Corporation has made application far a
Conditional Use Permit to construct a free standing accessory
�tructure as a cashier's booth at thea.r exis�ing McDonald's
Res�aurant located at 2020 Dodd Road; and
�PSEREAS, the Mendota Heights Planning Commission, although
lacking a c�a,orum, conducted an in�ormal public hearing at their
November 23, 1993 meeting to consider �he request; and
,
wHLRFAS, the proper notice had been publicized and mailed and
no one was in attendance a�. the duly called public hearing; and
�PSEREAS, there was a consensu� of the three Planning
Cammissian members in a�tendance �a approve the reque�ted
Conditional Use Permit subject to �he �ollowing three conditions:
1. Submi�Gtal
2. SubmiGtal
safeguards
3. Relocation
and
of landscape plans for review by �taf£.
to the City the plans for operational
to enhance securit�y.
of the handicap parking stalls.
wHEREAS, the City Council reviewed said application for a
Conditional Use Permi� and finds that the request does not
adversely a�'fect the general we].fare of the Ci�y.
NOW THSREF4RE BE IT RLSt3L'VED that the City Council of �he City
of Mendo�.a Heights does hereby waive Planning Commission review and
grant the requested Canditional Use Permit subject to the follawing
conditions:
1.
.2.
3.
Submittal of landscape plans for reva.ew by staf�.
Submittal to the City the p1an� for operational
safeguards to enhance security.
Relocation of the handicap parking stalls.
Adop�ed by the City Gouncil of the City of Menda�a Heights �his 7th
day of December, 1993.
ATTE�T
Rathleen M. Swanson, City C1.erk
CSTY COUNCIL
CZTY QF MENDOTA HEIGHTS
By
Charles E. Mertensotta, Mayor
PLANNING REPORT
DATE:
CASE NUMBER:
APPLICANT:
LOCATION:
ACTION REQUESTED:
PREPARED BY:
PLANNING CONSIDERATIONS:
Background
�
COtiSU1.TING PLANNLRS
[.ANI�SCAPC ARCIIITECT'S
il)U fIRST AVGtiUE f�iOR"T'li
SUITL• 2I0
ti11IvNEAPC)LIS, n'1N >ill)1
(�1Z• ii9•n300
23 November 1993
93-26
McDonald's Corporation, �
Reynolds
2020 Dodd Road
Conditional Use Permit for
Structure
John Uban
The McDonald's Restaurant located at the intersection of Highway 110 and Dodd Road is re
free-standing cashier's booth to increase customer satisfaction for their drive-through facilit�
wish to build the structure soon and have requested the City Council to consider a footing a�
foundation permit. On November 2, City Council approved the foundation permit for constc
inside the landscaped island without any other construction taking place. The Council is co�
about the security of the cashier in an accessory building separated from the main structure.
Council requested the applicant to discuss this issue with the Planning Commission. I
At a Ciry staff ineeting, Fred Reynolds indicated to us that the facility was being built to le�
amount of time it takes to serve the drive-through customer. The issues of security were bi
addressed with a remote video camera on the cashier and that there would be two people in
all times. The primary use of the booth would be through the lunch rush period and other �
hours. •
. They
�d
iction
�cemed
The
�en the
ng
he booth at
The McDonald's facility is located in the Mendota Plaza shopping area with access through the adjacent
parking lot. The facility does not have direct access to the adjacent roads. The cashier bo is located
to the rear of the building incorporated into an existing landscape island that held the remot order
board for the drive-through facility.
The landscaped island is being extended 20 feet southerly to accommodate a new order-boa�d location
which will be separated from the cashier booth by approximately 40 feet. �
McDonalds Corporation, Case 93-26 23 November 1993 Page 2
Public notices were mailed for the public hearing.
Conditional Use Permit
Ordinance 18.6(4) allows accessory structures as a conditional use in the B-4 zoning. The conditional
use permitting process requires a full set of site and architectural plans. Most of these have been
submitted with the following exceptions. Buildings within 350 feet of the exterior boundaries of the
property were not included on the drawings. Floor area ratio was not included, but the building is
proposed to be 10' x 12' which is 120 square feet. This would not affect any criteria on floor area
ratio. The location was dimensioned on the site plan and no grading is proposed to take place changing
the drainage patterns. Extension of the landscaped island will follow existing contours. A landscape
plan was not submitted for review.
Architectural plans were included that indicated the materials will match the existing building.
Materials include a brick wainscoting on the exterior with painted wood siding.
The proposed accessory structure should not endanger the health, safety and welfare of the occupants.
The security and safety issues of the occupant cashier needs to be more fully explained to the
satisfaction of the Planning Commission. Clarifications and operation of the cashier booth may become
a condition to the conditional use permit.
Tra�c conditions on the site will primarily stay the same with the applicant projecting that less time
will be spent for vehicles going through the drive-through faciliry. The site will have a greater capacity
to serve more automobiles during rush hours. Previously the order board was located in the landscaped
island behind the restaurant that allowed three cars to stack behind the ordering customer without
interfering with parking or site circulation. By extending the landscaped island 20 feet and separating
the order board by 40 feet from the cashier booth, vehicles will move around the comer and stack
behind the ordering vehicle deeper into the parking areas of the McDonald's Restaurant. It appears that
more than one caz stacked behind the ordering vehicle would interfere with the parking on the site. This
would undoubtedly lessen the customer satisfaction for those people who are parked in the restaurant.
This potential congestion would not interfere with any traffic on public roads nor would it interfere with
any traffic on the adjacent property. This congestion would be purely that of the McDonald's operation
and their decision to better serve the drive-through facility. The overall drive-through facility will be
able to accommodate two more vehicles between the order board and the pick-up booth. The enhanced
movement of traffic through this system may make the potential congestion less likely. We would have
to rely upon McDonald's experience to determine whether or not this will cause any additional interior
congestion.
Action
Hold a public hearing and make recommendation to the Ciry Council on the requested Conditional Use
Permit. Considerations:
1. Submit landscape plan for review by Ciry staff.
2. Submit to the City operational safeguards to enhance securiry.
3. Provide enough space for two cars to stack behind the order-board vehicle without blocking
parking stalis and parking access.
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� MCDonald�
; �' o
October 28, 1993
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Subject: Letter of Intent
McDonald's Restaurant
2020 Dodd Road
Mendota Heights, MN
To Whom It May Concern:
Bloomi
McDonald's Corporation is proposing the construction of a 10' x 12' Cashier's B�
to-Face Booth at the above referenced location. This will be a remote structure
exterior matching the existing building. The unit will be constructed in the existii
landscape island area behind the restaurant. No changes will occur to the exist
drainage plan or the existing lot light levels of foot candles.
The purpose of the booth is to improve customer satisfaction. The single existi�
capable of handling 73 cars per hour in the drive-thru. The added booth will inc
capacity to 114 cars per hour. Also in the future the booth will be incorporated
to-face ordering concept which McDonald's is going to institute. In this concept
placed with a person instead of the menu board. This will reduce errors and im
customer satisfaction.
If you have any questions, please feel free to contact me.
Sincerely,
i.._�—:
- — � _, � ��.
Fred Reynolds
Project Manager
Minneapolis Region
c000ss.doc
Corporation
650 West 82nd Street
Suite 900
gton, MN 55431-9888
612/884-4355
Fax:612/885-4755
�otnirace-
with the
�g
ng
ig booth is
rease the
nto a face-
the order is
October 28, 1993
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Subject: Letter of Intent
McDonald's Restaurant
2020 Dodd Road
Mendota Heights, MN
To Whom It May Concern:
McDonaid's Corporation
1650 West 82nd Street
Suite 900
Bloominaton. UN �5431-9888
V 612/884-a
Fax:612/885-4.
McDonald's Corporation is proposing the construction of a 10' x 12' Cashier's Booth/Face-
to-Face Booth at the above referenced location. This will be a remote structure with the
exterior matching the existing building. The unit will be constructed in the existing
landscape island area behind the restaurant. No changes will occur to the existing
drainage plan or the existing lot light levels of foot candles.
The purpose of the booth is to improve customer satisfaction. The single existing booth is
capable of handling 73 cars per hour in the drive-thru. The added booth will increase the
capacity to 114 cars per hour. Also in the future the booth virill be incorporated into a face-
to-face ordering concept which McDonald's is going to institute. In this concept the order is
placed with a person instead of the menu board. This will reduce errors and improve
customer satisfaction.
If you have any questions, please feef free to contact me.
Sincerely,
- - .._._ . �,_ � -= � ,t-, .�'''�
� • �
Fred Reynolds
Project Manager
Minneapolis Region
coaass.doc
4
0
C1� o�
1��ie�data Hei�; hts
APPLICATION FO�R CCINSIDERATION
PLANNING REQUEST
CaseNo. ►u3• �t �'
Date of App2icarion �=
Fee Paid �'3� G
Applicant Name: ��OLD S FRED D. PHF 8 8 4– 4 3 5 5
(I-ast) (First) . (I��II?
Address: 1fi50 WEST 82NB STREET SUITE 900 BI,OOMINGTt)N, MN 5431
Owner Name:
Address:
(Number & Street} (City) (State} (Zipj
McDonald's Carparata.on �
(Last? (F'ust) � {11�II}
�c.om o -».m cmv�+�m GttTmFF �3 (i (i RT.nnMINGTON . MNS �J � I
(Number & Stxeet)
8treet I.ocatiou of Property in Question:
' Legal Description of Froperiy: �.a ='�
�.... � _
(City) (State) (Zip)
202.0 DODD ROAD
Type of Request:
Rezoniug Variance
�_ Conditional Use Fermit Subd'zvision Approval
Conditional Use Fenmit for P.U.D. Wedands Permit
Plan Approval Other (attach explanat
Camprehensive Plan Amendment
Applicable City Ordinauce Number �� � Sectian
Present Zo�ingaf•ProperE� .y '�—Present Use � t"�S�.c.s r�
Proposed Zoning of ProPertY ` w�,._ Proposed Use C� t.,�.:2
I hareby dectare that ati s"tatements made in tiu� zequest and on the dific
materia� are true. , - ,.�.�..._.-- �
..r–.z.s =
�� - � –�
(Date)
. ���ti
(Receiveii by - Title '
1101 Victoria Curve •,1Viendota Heights, 1VfiN • 55I18
CITY OF MENDOTA HisIGHTS
NOTIC}3 OF HEARING
November 3, 1993
TO �PHOM IT MAY CONCERN:
�
NOTICE is hereby given that the Planning Commission of Mendota
Heights will meet at 8:00 o'clock P.M., or as soon as possible
thereafter, on Tuesday, November 23, 1993, in the City Hall Council
Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to
consider an application from Mr. Fred D. Reynolds, of McDonald's
Corporation, for a Conditional Use Permit to allow the construction
of a 10' x 12' Cashier's Booth/Face-to-Face Booth on the following
described property:
Lot 1, Block 1, Mendota Plaza
More particularly, this property is located at 2020 Dodd Road.
�This notice is pursuant to City of Mendota Heights Ordinance
No. 401. Such persons as desire to be heard with reference to the
proposed Conditional Use Permit will be heard at this meeting.
Kathleen M. Swanson
City Clerk
Auxiliary aids for disabled persoas are available upon request
at least 120 hours in advance. If a aotice of less than 120
hours is received, the City of Mendota Heights will make every
attempt to provide the aids, however, this may aot be possible
on short aotice. Please contact City Admiaistration at 452-
1850 with requests.
0
L �
December 3, 1993
I
1'
1Viendota Hei
Mr. Fred Reynolds
McDonald's Corporation
1650 West 82nd Street, Suite 900
Bloomington, NIl�T 55431-9888
Dear�Mr. Reynolds:
O�
Your application for a Conditional IIse Permit will be consi red by
the City Council at their next regularly scheduled meeting which
will be held on Tuesday, December 7, 1993. The Council eeting
starts at 7:30 o'clock P.M, here at City Hall in the ouncil
Chambers. You, or a representative should plan on attend ng the
meeting in order that your application will receive
consideration .
If you have any questions, please feel free to contact me.
Sincerely.,
�,C.,if�^"
Kevin Batchelder
Administrative Assistant
Enclosures
il
1101 Victoria Curve •1Viendota Heights, 1ViN • 55118� 4 2•1850
Navember 1$, 1.993
1��ienda�a
Mr. Fred Reynol.ds
MeDonald's Carporation
1650 We�t 82nd �treet, Sui�e 900
B3oomington, 1�+Il�T 55431
Dear Mr. Reynolds:
� i�y o�
Heights
Your application for a Coaditiaaal Use Permit will be considered by
the Planning Cammission at their ne.�ct regularly scheduled meeting,
znrhich will be held on Tuesda�„r,, November 23 , 1993 . The Pla.nnin.g
Commi.ssian meeting starts at 7s30 o`clock P.M., here at the City
Hall in the Council Chambers. You, or a representative should plan
on attending the meeting, in order that your application will
receive Commission consideration.
If you have any questions, please feel free to contac�. me.
Sincerely,
�,a:,vz``"' ��:��.�t,�.-��"
Revin Batchelder
Administrative Assistan�
RLB:kkb
Enclosure
1101 Victoria Curve •1VS,endota Heights,lV�l�i • 55118� _�452•185Q
�
November 3, 1993
.
1�
1��ien►data Hei
Mr. Fred Reynoids, Praject Manager
Mcl7onald's Corporatian
165Q Wes� 82nd Street, Sui.te 900
Bloomingtonl NIl� ss431-sa88
Dear Mr. Reynolds:
I am writing to formal.ly natify you that the City Council,
November 2, 1993 meeting authorized the Code Enforcement 4
issue a footing and �aunda�ion permit. Thie authorizat
issued with ane condition. That condition is that you ackn�
in writing, that any� further construction beyond the �oo�
foundation requires Conditional Use Permit approvaZ.
��
ts
t their
fice to
Lon was
wledge,
inq and
In addition, the City Council raised a concern about secu ity for
the new �ace to face cashier's booth and deaired tha� you present
some information regarding this issue to the Planning Commi sion at
the time a� the public heari,ng.
Your next step ahould be to contact the Code En�orcement O fice to
apply for the �ooting and foundation perm�.t, An�r ad itional
information regarding safety and �ecuritiy of the propo�ed face to
face booth should be provided to mysel� by November 20, 1993 so
that we may include this in the P7,anning Commission's pac et.
Shoul.d you have any questi.ons, or concerns, pleaee con
452-1$50.
Sincerely,
����U'LL� -�
Kevin Batche7.der
Administrative Assistant
cc: Paul Berg, Code Fnforcement Oi'ficer -
Dick Gill, Code Fnforcement O�ficer
me at
1101 Vietoria Curve � 1�iendota Heights, .NiN • 55118 _ 45�2• 1854
�
CIT3C OF 1KENDOTA HEIGHTS
MEMO
October 29, 1993
T0: Ma.yor, City Council and City Administr
FROM: Kevin Batchelder, Administrative Assista t��
James E. Danielson, Public Works Direc r
SUBJECT: McDonald's Restaurant - Cashier's/Face t Face Booth
DISCiJSSION
Mr. Fred Reynolds, representing McDonalds Restaurant, is in
the process of making application for a Conditional Use Permit for
an Accessory Structure in the B-4 Zoning District. They will be
requesting a CUP at the November Planning Commission meeting to
build a freestanding, 120 square foot Cashiers/Face to Face Booth.
See attached Plans and Letter of Intent.
In order to begin construction before frost and be able to
complete the booth this winter, McDonalds would like to install the
footings and foundation in advance of the CUP process. McDonalds
understands that they are taking a chance in installing the
footings now, prior to City approval or authorization of the booth
construction.
The footings and foundation will be at or below grade. All
applications for building permits in a commercial zoning district
require Council approval.
RECObIl�NDATION
Since all construction�for the footings and foundation is at
or below grade and will not be visible to the public, we recommend
that Council authorize the Code Enforcement Office to issue a
footing and foundation permit subject to the applicant
acknowledging that the building permit requires Conditional Use
approval.
ACTION REQIIIRED
If the City Council desires to implement the recommendation,
they should pass a motion authorizing the Code Enforcement Office
to issue a footing and foundation permit subject to the applicant
acknowledging in writing, that the building permit requires
Conditional Use approval.
KLB/JED:kkb
J
�
T0:
FROM:
CITY OF MENDOTA HEIGHTS
'���7
December 2, 1993
Mayor, City Council and City Administ a
Kevin Batchelder, Administrative Assis �t�
SUBJECT: CASE N0. 93-25: Deeb - Conditional Use Permit
Wetlands Permit
DISCIISSION
Mr. Gerald Deeb, of 1780 Dodd Road, appeared for a co tinued
public hearing at the November Planning Commission to re est a
Wetlands Permit and Conditional Use Permit that would allow
construction of a detached garage on his property to within hirty-
six feet (36') of Willow Creek.� This is Mr. Deeb's second
application and he has appeared before City Council earli r this
Fall�where he was instructed to make proper application for both a
Wetlands Permit and a Conditional Use Permit.
Mr. Deeb has complied with this request. Please see a
Planner's Report and Application. For the November meet:
Deeb submitted 20 copies of revised site plans that more acc
scale the project and include additional square foot detai
There was not a quorum of Planning Commissioners pre
the continued hearing in November, however, those Commi
present reviewed the site plans and proposed garage. Mr. L
submitted plans that demonstrate he is willing to elimi:
original tuck under garage by installing french do
landscaping the entrance.
tached
ng Mr.
rately
so
:nt f or
;ioners
�b also
te the
•s and
The Planning Commission members present in November f lt the
proposed garage (988 square feet) was too large for a st cture
within the Wetlands Boundary. However, those members pres nt did
agree that a smaller garage was acceptable and suggested o City
Council that this request be approved subject to the follow'ng five
conditions:
1. Size of the garage to be less than 988 square fe t(800
square feet was suggested as an appropriate siz for a
three car garage).
2. The existing tuck under garage door be
replaced with french doors, as proposed.
d and
. . . -- - ......... _--- . .
� �
3. Landscape/seed the entrance to the old garage.
4. Building materials and colors to match the existing
housee
5e Additional landscaping on Dodd Road to help screen the
new structure from Dodd Roado
ACTION REQIIIRED
Because there was a lack of a quorum at the Planning
Commission, the City Council should consider waiving the Planning
Commission review of this application. If City Council desires to
implement the suggested approval from those Planning Commissioners
present, they should pass a motion to:
1. Waive Planning Commission review; and
2. Adopt Resolution No. 93- A RESOLUTION APPROVING A
WETLANDS PERMIT AND CONDITIONAL USE PERMIT FOR 1780 DODD
ROAD TO ALLOW CONSTR.UCTION OF A DFsTACHED GARAGE.
KLB:kkb
�
CITY OF MENDOTA H}3IG8TS
DAKOTA COIINTYo MINNLSOTA
RisSOLIITION NO. 93 -
A RLSOLIITION APPROVING A�3TLAIJDS PERMIT A1�TD A CONDITIONAL
PERMIT FOR 1780 DODD ROAD TO ALLOW CONSTRIICTION OF
A DLTACHLD GAR.AGL
�HFREAS, Mre Gerald Deeb, of 1780 Dodd Road, ha made
application for a Wetlands Permit and a Conditional Use Pe it for
Accessory Structure to construct a 988 square foot, detached garage
on his property at 1780 Dodd Road, as proposed on revis d site
plans submitted November 23, 1993; and
�PHEREAS, the Mendota Heights Planning Commission c
public hearing on October 26, 1993 and continued the public
to November 23, 1993 and reviewed said application; and
�PSEREAS, lacking a quorum on November 23, 1993 those
of the Planning Commission present for the meeting, based u
public record produced on October 26, 1993 and November 23
suggested to the Mendota Heights City Council that a W
Permit and a Conditional Use Permit for Accessory Struc1
approved with the following conditions:
a
�n the
1993,
be
1. Size of the garage to be less than 988 square feet, with a
suggested size of 800 sq. ft. to accommodate a th ee car
garage.
2. The existing, tuck-under garage door be removed and r placed
with french doors, as proposed.
3.
4.
5.
Landscape and/or seed the entrance to the old garage.
Building materials and colors to match the existing
Landscaping on Dodd Road be completed to help screen
structure from Dodd Road.
�PHERE�A,S, The City Council reviewed said applicat�
Wetlands Permit and Conditional Use Permit for Accessory St
at their December 7, 1993 meeting.
NO�P TBLRLFORE IT IS HEREBY RSSOLVLD by the City Counci:
City of Mendota Heights that the proposed Wetlands Peri
Conditional Use Permit for Acceasory Structure is consiste
the general welfare of the citizens of the community �
surrounding land; and
use.
he new
>n for
ucture
of the
it and
t with
id the
BE IT FIIRTHER 12ESOLVED, �hat construction af said detached
garage is cansistent with the general purpose and inten� of the
Zaning 4rdinance; and
B� IT FURTHER RSSOLVED� that the Wetlands Permit and
Conditional Use Permit for AcceSsory Str.u.cture at 1780 �odd Road be
approved subject to the �ollowing conditians, �aid conditians
being:
1. Size of the garage to be less �han 80], sq. ft. to accammodate
a �.hree car garage. .
2. The existing, tuck-under garage door be removed and replaeed
.wi�.h french doors, as proposed.
3. Landscape andJor seed the entrance to the old garage.
4. Building ma.terials and colors to match the exista.ng housee
. 5. Landscaping on Dodd Road be completed to help screen the new
structure �rom Dodd Road.
Adopted by the City Cauncil of the City of Mendata Heights this 7th
day of December, 1993.
CITY COUNCIL
CITY OF MENDOTA HESGHTS
By
Charles E. Mertensatto, Mayor
ATTEST:
Kathleen M. Swanson, Ci�.y Clerk
t r
t r
CITY �F MENDOTA HEIGHTS
�N •
Nozrember 19 , 1993
TO: Planning Commission
FROMa Revin Batchelder, Administra�ive Assistan �
SUBJECT: CAS£ N0. 93-25: Deeb - CUP and Wetl.ands Permit
At the October mee�.ing, the Planning Gommi�sian contin"ed the
public hearing on planning case No. 93-25 at �he app]. cant's
request. The Planning Com�nission, at tha� time, re ested
addi�.ional information and revised drawings. Mr. Deeb has c mplied
with this reques�. and has submitted new site plans for revi w(see
attached plans } .
ACTION REQIIIRSD
Conduct the con�inued public hearing and make a recomme dation
to the City Cauncil an a Conditional Use Permit and a W tlands
Permit.
,�3�;�:�'.7
PLANiVING REPORT
DATE:
CASE NUMBER:
APPLICANT:
LOCATION:
ACTION REQUESTED:
PREPARED BY:
PLANNING CONSIDERATIONS:
Background
I\(�fll'i'lJi� \7LI�
CO!\SULTING PLANh�EI2S
4At�'I)SCAPG ARC:HIT[CTS
�00 fIRST AVENUE f�0I2Tli
SUITL• 2111
�7[\tiEAP01.IS, i\lti :i�dpl
(�13 .'i,39•.i.3Q(1
26 October 1993
93-25
Gerald Deeb
1780 Dodd Road
Conditional Use Permit and Wetlands
Permit for Detached Garage
John Uban
Mr. Deeb has been before the Planning Commission this past summer reviewing his request for a
detached garage and associated wetlands permit. The City Council refunded Mr. Deebs original
wetlands permit fee and directed Mr. Deeb to make proper application and was directed to apply for
Conditional Use Permit and a Weflands Permit. These planning requests should be considered
simultaneously. The Wetlands Permit needs to address both the existing condition of the Deeb's
residence and site improvements as it relates to the relocated Willow Creek and the Wetlands Permit for
the proposed detached garage. The Conditional Use Permit is for the detached garage which is under
1,(}00 square feet in size. Mr. Deeb has applied for and paid the fees for both a Conditional Use Permit
and a Wetlands Permit.
Mr. Deeb has submitted an abstract certificate listing all property owners within 350 feet and a public
hearing should be held. Notice was mailed and published.
Conditional Use Permit for Detached Garage
The garage is proposed to be detached and the existing garage is to be used as a hobby shop with the
garage door removed and a double-wide door installe� in its place for access to the workshop. The
proposed garage is 29 1/2 feet by 33 1/2 feet for the outside.dimension. This creates a garage 988
square feet in size. Three gazage doors are proposed on the front and one on the side each one
accessing a different storage area within the garage. The applicant has submitted a drawing showing
his boat and recreational storage areas as access by each garage door.
Gerald Deeb, Case No. 93-25 26 October 1993 Page
The garage design and materials as noted on the submitted plans are compatible with the exist ng
No lights are shown on the building plans and we assume none aze proposed. No new gradin is
proposed and drainage configurations are not necessary for this plan. No existing trees are p op
be removed and no new landscaping is proposed either. The location is over 150 feet from D dd
and sets behind the front of the house. The proposed garage will generally not be seen from nl azl
roads or homes.
home.
osed to
Road
The house sits on a lot that was platted without utility easements. Consideration may be give to
requiring appropriate easements as in other platted properties along the perimeter and for the 2 inch
culvert running through the property for Pine Creek.
As reviewetl above, the applicant has submitted the required information for Conditional Use
under Section 5.62. Site development plan has been included for your review showing locati�
garage on the property. Existing easements were not shown because there are none and sewe
water is not being proposed for the garage. Floor Area Ratio calculation is not necessary for
under 1,000 square feet according to the current ordinance. A dimension plan is included bu�
grading or landscaping is being proposed for the garage, these materials were not included.
Wetlands Permit
Two considerations should be addressed in zhe review of the Wedands Permit. First of all, i
condition should be noted for a wetlands permit to include the existing home and driveway.
Willow Creek was moved, the home fell within the 1Q0 feet of the relocate� creek. The cree
surrounded with vegetation on both sides and the Deeb property is maintained with a woode�
along the southern property line. There is no significant drainage from the property entering
that would cause erosion or destruction of native vegetation.
1fie other consideration in the Wetlands Permit is for the proposed detached gazage. The prc
garage will sit on a portion of the property that has already been leveled and will not need ad
grading. Because no grading is necessazy, we anticipate no vegetation will be removed. The
garage sets back 25 feet from the southem property line and is 36 feet from the center line of
Creek. A site plan has been included that shows the previous location of Willow Creek and d
has been diverted to an underground culvert for Pine Creek. The proposed garage is located
from the Pine Creek culvert.
Past considerations included whether or not Pine Creek could be removed from the wetland
because it has been placed in a culvert. The garage will not have any apparent impact on d�
Pine Creek and the general lawn area is proposed to be kept in the rear part of the Deeb prc
remainder of Pine Creek north of the Deeb property will collect additional drainage from ot
the north if developed. The City may wish to consider this a drainage ditch versus a creek
eliminate the entire Pine Creek section from the wetland map. The Wetlands Permit should
conditions for the record to clarify the property rights for the Deeb homestead.
n of the
and
� garage
since no
existing
itself is
edge
he creek
: azea that
1 feet
�ge into
ty. The
areas to
these
Gerald Deeb, Case No. 93-25 26 October 1993 Page 3
Action Required
Conduct a public hearing and make a recommendation to the Ciry Council on the requested C.U.P. and
Wetlands Permit. Conditions to be considered:
1. Provide standard easements for drainage and utilities on the Deeb property, specifically for Pine
Creek and perimeter easements.
2. Existing garage door to be converted to a 6 1/2 x 9 foot double door.
3. Any disturbed ground adjacent to the garage be seeded and mulched within a week of
construction.
4. For the wetlands permit recognize pre-existing condition of the house and driveway, recognize
the culvert for Pine Creek and recognize the condition of the proposed garage construction.
� r
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�
DEEB PROPERTY � .. �
C a s e � 9 3-17 NORTH ���
�
MENDOTA HEIGHTS, MN �;�
� 0' S0' 100' 200' .,,.,,,. •�.�1
�
October 1, 1993
LETTLR OF INTENT
The purpose of this letter is to bring to the attention f
Mendota Hts City officials that I, Jake Deeb, whom resid s
at 1780 Dodd Rd would like to apply for a wetlands permi in
order to secure a Conditional Use Permit which then woul
allow me a Building Permit for construction of an unatta hed
garage on my property. I believe a wetlands permit is
needed first in order to proceed with this project.
The proposed building site would be located approximatel;
36 ft. from the Willow Spring Creek (as shown on map).. �
city ordinance requires a building to be 100 ft. from the
defined creek (Willow Spring} bed. The elevation of the
garage floor will match the elevation of my home�s lower
floor elevation and will be approximately 5.5 to 5 feet
above the creek elevation.
Presently I have an existing single tuck-under garage in.my
home. The garage area will no longer be used as a garag
and converted into a wood working/hobby shop, once the
unattached garage is constructed. The problem in closin
off the existing garage, is that I would like to have ac ess
into the shop area from the outside. I presently have a 28"
wide service door entering the lower level, but not
accessible to the proposed shop area. I am not opposed o
blocking off the old entryway (garage door) but I still eel
I would like or need another door (entryway) into the sh
of at least 4 to 6 feet in width. I believe that there re
many options as to how best will answer the City's quest'on
to terminating/removal of the tuck-under garage and I wo ld
like to reserve this question for discussion at the next
Planning Commission Meeting.
Page 2
In my previous attempt at securing a wetlands permit, the
City Council/Mayar determined that I did not need one and
that I needed a C.U.P. instead and voted to refund my permit
fee {Sept. 7th meeting}. Upon apply3ng for a Conditional
Use Permit, I again was told tha� I would need a wetlands
Permit first. In requesting a wetlands permit, I would like
the Planning Commission to cansider.
1. Past history of the moving of the Willow Spring Creek.
2. Removal of the section af Pine Creek (that arosses
my property) from the City's Wetlands Map since it
has notjno langer gualifies as a wetlands area.
(5ee letter from the Soil District S. Kernick)
3. Cansider restoring my proper�y's Grandfather's rights
as they applied ta the property pre 1987 when the
creek was moved. I believe that maving the creek
has placed a restraint or hardship on my praperty
that was non existent before 198T. Before 1987 and
the creek moving; my property, the hame, driveway,
and other part.s af the dw�lling such as deck were
all in compliance with the City�s ordinance. After
moving the creek that no longer holds true. Because
af circumstances involved, I believe that the City
should take the necessary steps in restoring or
carrecting the situation at this time.
I believe some af the options to solving the problem cauld
be:
I. Move the creek (Wiilaw Springj back �o its ariginal
location and restoring the area as close to its
original state. This will then restore my praperty's
rights back ta compliance with the City'� ordinance,
2. Relieve my proper�y of the restraint placed upon it
and restore �y property righ�s and leave the creek
in its present location.
�YM i �ti� �1,.! • �1 :Yh
. �•� - .�,
J'uIy 28,
TO: Planning Commission
FROM: James E. and Kevin Batchelder
Public Wo r Administiative Assi:►tant
SUBJF.CT: C`ase No» 9311: Deeb Wetlaud Fermit
Historical Review of Willow Creek
At their July aie�tiIIg t� P]aru.ing �o•-rt •.,c�cr� tabled a weilands applic�tion
Deeb to allow time for staff to res�aarch some of #he histary af the creek near his pr
�� �! ��k.� '�i�
a
Lot 2 is the large Iat lacated immediately south of Jake De�b's Iat thai can�
Creek and its inters�ction with Pine Creek (see attached map). Tn 19$3 Mr. Jack Calla
owner of Lt�t 2, �t'ii%w Springs Addition warke� with the City to develap a plan to .
lot into 3 new lots. Approval of this plan included consideration of the wetlands pen
for the proposed hames and creek m,�oca�ion, wariances to fmnt yard setbacks for the i
and filling of the lats. The appropriate public hearings were helld by the Planning Can
City Council which many of the neighbors attended and pazticii�ated in. Natice was pu�
City's official newspaper and Mr. and Mrs. Douglas Schmidt, owners of Lot 1 at th
Deeb pmperty} were notified of the hearings freceived ma�ed notice, attacbed} �
camments that were r�xarded ia the miautes. Council approved Mr. �allahan's plan aa
taken by the City ta move the G�ek(see a�tached resolutian}. Mr. Cailah;;�n felt tha� �
for moving the creek were too high, so abandoned the projeat and donated the.lot to
Schcwl as a talc write-off. . �
Tvfr. 3ake
d garage.
ins Willow
n, then the
�di.vide #he
ts required
mes, a plat
iission and
shed ia the
time (now
� made no
! bids wez�
� bids wea�+e
,rady H'igh
Brady H`igh School then sold the Iot to a developer, Mr. Mike N.riickelsan, ' 19$6. Mr.
Micckelson met and negotiated with the City Couacil to develvp the lots according to e Calla�aa�a
approvals with some changes (see attached Developer's A►gre�ent). Mr. Micl�elso granted the
necessary dra,inage easements and the City relocated the cre�c in 1987. Mr. Niii�ke n has tak:�aa
no further acbioa ta develop the Iots since the creek reloc�tioa
�� . . . ,,� � � �• �
Mr. Deeb was before the Planning Commissioa on July 27, 1993 requestin a wet]ands
pernut for a proposed garage to be construt�ed. to within 36 feet of Willaw Creek 4l. feet of
�Pine Creek. Both af these creeks or dzainage ways appear on the City's Wetlands ` ce Map
and ther�fo� x�equire permits for any construction or Iand alteratian within IQQ feet a their center
line (see attached coPY)• .
Willow Cree1c was �neelacated by the City in 1987 however the pmposed garage ' within 41
feet of Pine Ca�eek and would sti11 have required a peimit had ihe City noi relocated ow Cre�k
in 1987. -
� �
"' '�. ««_�..�._..._ 1 "
t„
Since the July Planning Commission me�ting, Steve Kernik, Dakota County Soi1 & Water
Conservation District, visited the site at Mr. D�eb's request and submitt�d the attached ie.tter
outlining his findings,
VARTANCE AND CONDTTIONAL �,TSE PERMIT:
If Mr. Deeb is not able ta satisiy the City that his exis�ting garage will be elminated, he will
neecl to apply for a variance to the City's limitation on having or�y one garage, and for a
Conditional Use Permit to have aa acc�essory structure in excess of 144 square feet. Pease see
attached Iuly 29th Ietter to Mr, I3eeb.
s, f S___.� l!: �I!
Review Mr. Deeb's weclands permit applicatiou and his design pmposal for eliminating his
existing garage and determine if he needs to make application for a variaace and conditional use
peruii� Should it be det�m�ined that Mr. Deeb needs a varlance and a conditionai use permit, the
wetlands permit application should be tabled and be considered with those new requests. If he can
ade�q�aately assure the Ptanniug Commission that he is removing ar elimina�ing his e�isting garage:
then the Planning Com�a�issian needs to make a recommendation to the City Couac� on the wetl�wds
Peimit re�est. ,
r
August 10, 1993
DAKQTA COUNTY SOIL AND �VATER
CONSERVATlON DISTRICT I
Jake Deeb
1780 Dodd Road
Mendota Heights, MN 55 � � $
Re: Wetland Determinations
Dear Mr. Deeb:
Farmington Professiona
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 dete�mine 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 m
tizree criteria: 1) it must have hydric soils, 2) it mus
have a predominance of hydrophytic vegetation, and 3) it
must have wetland hydrology. •
There were two areas in question: 1j 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 altere
the stream channel which flows to the west in the area s
of your property. -The alteration resulted in the stream
channel beinq moved closer to your home. This then
apparently put your home out of compliance with a City
ordinance which regulates the distance of structures fro�
wetlands. �
Building
I
From the standpoint of the Wetland Conservation•Act of 1 91,
the moving of the stream channel made no difference in e
wetland boundary. The area south of your home has serve as
a drainage swale for many years. The soil in this area s
Rato silty clay loam, a hydric soil which developed over
time. The entire swale area contains hydrophytic
vegetation, and the stream provides the wetland hydrol .
AN EQUAL OPPORTUNITY EMPLOYER
I'
�
page 2
J. Deeb
August IO, 1993
�
In my opinian, maving the stream chann�l simpiy rerauted the �
main water flow through the same wetland comple�t. '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.
�torth-Bouth Depression
The second area we loaked at was the depressional area
through the center of your property. Although this area was
probably at one time an apen ditch, the water is now
channeled through a cLlvert. The area ovex the culver� has
been backfilled, graded into a small�swale, and lawn�grasses �
have been planted over the area.
In our opi�nion, this area is not a wetlarld. It meets none
af the three criteria for wetland �s defined by the WCA.
The soil is not hydric, there is no hydrophytic vegetation,
and the e�tistence of the culvert has removed the source o�
wetland hydrology.
Sn closing, I should mention that these determinations are
based on the manual referenced in the WCA, which is the 1989
Federal 3?[axival for ldentifying and Delineatinq
Jurisdictional Wetlands. The City of Mendota Heighfis is tine
designated governmental unit far administer�i.ng the WCA, and
as such, is free to adopt stricter wetland regulations if it
so desires.
I hope this i.nformation is useful to you, 2f I can be of
any further assistance, please cantact me.
Si.ncerely,
��
Steve Kernik
IIrban Conservationist
cc: Jim Danielson, City of Mendata 8eights
,
0
,;,,
-� 1 � „_ -_ -- -
� �isc�r�r
, � �
P. �
Kn��ble I �/
L C �
�-
G. Deeb
� �
S U BJ ECT
PROPERTY
�~ �c el n Homes, Inc.
�
MARIE AVENUE
W. �c P.
Rush
F
DEEB PROPERTY ��
Case #93-17 NORTH ���
������
MENDOTA HEIGHTS, MN o' So' 100' zoo� �'�� � ss o�`
etx•a�o•a�oo
City a�
.��.endata Heights
AP'PLICATION FC?R CONSIDERATION
OF
PLANNING REQUEST
Applicant Name: ����
i�)
c�No. �����
Date af Application G
Fee Paid " �" �`
�
(�?
aaa�: l ?$d <.�'D�� � h� 1'�..N �'.5rt�
(l�ru�nt�r & street) cc��Y) cs�) C�F>
C)wner Name: � �� ��� L� ' �
(Last) (F'u�st) (M�
A.dclress: � 178'C� .�cad�r.� � ll�t�is1 %��s 1'��i41 �-�'�JJ8
(Number & Street} iCity) (State) CLiP)
s����Q� ef���► � c����: i 7£�a ?� o d c/ 12�,{ .
Legal I?escription af Property: 1.., d�� G�%.c!X�S�vU" ��/�S ���ftGt 1�'% b rV
Type af Request:
Rezoning
�` ,,,_,_ Conditional Use Permit --� � �
Condifional Use Femnit for P.U.D.
Plan Approvat .
Comgrehensive Plan Amendment
Variauce
Subdivision Approval
.�.,, Wettands Pernnit� 1 ;�j. �
Other {attach explaaation}
Applicabie City Ordinance Number Section
r�s�� zo����ropen� ��:�_ ��esenz Us� � � r�G� �-"'�.q�t��U�' /--��vt•�
Pxoposed Zoning of ProP�rtY ��Posed use '` c r
I hereby dedar+c that ati s'tatements mad� ia this request and on additional � J���� -
materia� are tr�e. . � t ��
(Signature of Applicaut) .
G�.�i�rv'�crt/�.�' �Q f l l l�
��).�,.
� 1 - (Received by - Tit2e} :.
1101 Victoria � Curve • 1Viendota Heights,lViN • 55118 � 452 • 1850
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C ity o�
...... � 1Viendota Heights
November 12, 1993
re: Planning Case No. 93-25
Conditional Use Permit and Wetlands Permit
Mr. Gerald Deeb, 1780 Dodd Road
Dear Resident:
I am writing to notify you that the public hearing scheduled to
consider an application by Mr. Gerald Deeb, 1780 Dodd Road, for a
Conditional Use Permit and Wetlands Permit to construct a detached
garage was continued by the Planning Commission until November 23,
1993.
The continued hearing will be held in the City Council chambers at
1101 Victoria Curve at 7s30 o'clock p.m. oa November 23, 1993.
This application was originally scheduled for October 26, 1993
Planning Commission, however, at the request of the applicant it
was Yleld over until the November meeting. You should have received
a formal notice for a public hearing at the October meeting.
This letter is being sent to notify you that the hearing was
continued and will be held at the time and location stated above.
Sincerely,
��tlZv� ������>___-
Revin Batchelder
Administrative Assistant
1101 Victoria Curve -1Viendota Heights, 1ViN • 55118 452 • 1850
Mr. Gerald Deeb
1780 Dodd Road
Mendota Heights, MN 55118
Dear Mr. Deeb:
C it o�
1��.endcata Hei h�s
October 29, 1993
�
I am writing to formally noti�y you that the :
Commission, at their October 26, 1993 meeting, gran�ed your
for a continued hearing on your current planning applicatio
matter has been con�inued until 7:30 o'clock P.M. on Novea
].993 at which time a public hearing will be held.
In addi�ion, the Planning Comm�.ssion, upon reviewing
plan, noticed some inaccuracies regarding dimensions and
your aite plan. They requested that yau meet with staff
�he November meeting to review the plans for correct:
addition the Planning Commiseion reques�ed infarma�ion on
of yaur ].ot and of the exis�ing garage, in square feet .
Please contact me to arrange a meeting at a
convenient time so that we may address this matter.
Sincerely,
k���� �5���.��
Kevin Batchelder
Admi.nistrative Assi�tani
RLB:kkb
�equest
. This
�er 23 ,
r �ite
ale on
ior to
. In
e size
�tually
1�0� V1Ctt31'121 Cp.Y'V� • 1Vfi,endota Heights, 1Vi�N • 55118 .45� • 1850
CITY OF MEN�O�A �EIGHTS
NOT�CE OF �EAR�NG
�ctober �, 1993
'�O WHOM IT MAY CONCERN:
rtOTICE is hereby given �ha� the Planning Commission of Mendota
Fieights will meet at 7z30 o'clock P.M,, or as soon as possible
�hereafter, on Tuesday, Octaber 26, 1993, in the City Hall Council
Chambers, 1101 Victoria Curve, Mendota i�eights, Minnesota, to
consider an applicati.on from Mr. Gerald Deeb, for a Conditicanal Use
Fermit a.nd Wetlands Permit to allow the con�truction oi' a detached
garage on the fol3owing described property:
Lot 2, Willow Spring
More particu�arly, this property is 3ocated at 1784 Dodd Road.
This notice is pursuant ta City of Mendota Hea.ghts Ordinance
No. 401 and No, 402. Such persons as desire to be heard with
reference to the propased Conditional Use Permi.t will be heard at
Yhis mee�ing.
Rathleen M. Swanson
Gity Clerk
A�iSiary aids for disabled �persons are available upon request
at 1eas� 12Q hours in advance. If a notice of less than 120
haurs is reeeived, the City of �2endota 8eights will ma.ke every
attempt to provide �he sids, however, �his may not be possible
on short aotice. Please eoatact City Admin3stratioa at 452-
1850 with requests.
December 3, 1993
Cit o�
1Viendota Hei hts
Mr. Gerald Deeb .
1780 Dodd Road
Mendota Heights, NIlV 55118
Dear•Mr. Deeb:
Your application for a Wetlands Permit and Conditional
will be considered by the City Council at their next
scheduled meeting, which will be held on Tuesday. Decembi
0
The Council meeting starts at 7:30 o'clock P.M. here at Ci�y Hall
in the Council Chambers. You, or a representative should :
attending the meeting in order that your application will
Council consideration .
If you have any questions, please feel free to contact me.
Sincerely,
��ti
Revin Batchelder
Adminiatrative Assistant
RLB:kkb
Enclosures
on
ceive
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118� 4,2 • 1850
I
November 18, 1993
Mr. Gerald Deeb
1780�Dodd Road
Mendota Heights, NIl�T 551.18
Dear Mr. Deeb:
� �i�y o�
1��iendota Hei�h�s
Yaur application for a Goad3tional Use Permit and iNiet].ands Permit
will be considered by the Planning Commission at their next
regularly scheduled meeting, which will be hel.d on Tuesday,
November 23, 19�3. The Planning Commis�ion.�mee�ing starts at 7s30
o'clock P.M., here at the City HaI.l in the Council Chambers. You,
ar a representative should plan on atten.ding the meeting, in order
�hat your applicatian will receive Commission consideration.
If yau have any questions, please �eel. free to contact me,
�incerely,
lt�,tn,� �.��..�Q----
Kevin Batchelder
Administrative Assistant
KLB:kkb
Enclosure
1101 Victoria Curve • 1Viendota Heights,lViN • 55118 . 452 • 1850
October 21, 1993
Mr. Gerald Deeb
1780 Dodd Road
Mendota Heights, NIlJ 55118
Dear Nlr. Deeb:
C it o�
1Viendota Hei hts
Your application for a�onditional IIse Permit and Wetlandi
will be considered by the Planning Commission at the
regularly scheduled meeting, which will be held on �uesday,
26. 1993. The Planning Commission meeting starts at 7:30
P.M., here at the City Hall in the Council Chambers. Yc
representative should pla.n on attending the meeting, in orc
.
your application will receive Commission consideration.
If you have any questions, please feel free to contact me.
Sincerely,
� ��
�
Revin Batchelder
Administrative Assistant
RLB : k}tb
Enclosure
1101 Victoria Curve • 1Vlendota Heights, 1VIN • 55118 �
next
'clock
, or a
r that
1850
CITY OF MENDOTA HEIGHTS
NlE1�I0
TO: Mayor, City Council and City
December 3, 1993
Administra o
FROM:4 Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: Northland Insurance TIF Agreement
DISCIISSION
At previous Council meetings, we have discussed with
Properties the use of a deferred note for Tax Increment ass
for the Northland Insurance development.
At our meeting of October 19, 1993, the Council gran
proj ect a Conditional Use Permit for a Planned Unit Developn
directed the City Attorney to prepare a Tax Increment Ag
along the lines that have been discussed and outlined
meeting. The amount of the Note was to be determined
present value of the future tax payments on the final deve
plan.
Based on the final design, the amount we are conside
approximately $1,230,000. To support the future paymen1
attorneys have determined a list of some $2,545,690 of area:
building project that could qualify for TIF assistance. Th
does include the possible land write down. Without the writ
the amount is more than adequate. For possible future cont
our attorneys would like to include the total shoppinc
Attached are the legal opinions as to the validity of thel
ACTION RE4IIIRED
Discuss contract for private development. If the con
agreeable, approved by motion the contract between the
Mendota Heights and United Properties Corporation and autho
Mayor and City Clerk to execute the document on behalf of t
LES:kkb
United
,stance
:ed the
�nt and
: eement
at the
by the
Lopment
ing is
s, our
of the
s list
: down,
ntion,
list.
ist.
ract is
ity of
cize the
�ie City.
..... ._ jF �
Page No. 3637
May 18, 1993
along T.H. 110 for future looping,
funding for the extension and connection
point to be provided by Mendota.
Mayor Mertensotto pointed out that
Section 8 of the agreement, which
discusses collection of sanitary sewer
charges does not address the collection
of water surcharges or payment of the
surcharges to the city. He stated that
Mendota Heights residents pay a 10%
surcharge on water billings to support
the cost of maintenance of the water tank
and watermains, and felt that Mendota
residents should also pay the surcharge.
Public Works Director Danielson agreed
and stated that he•would discuss the
matter with Mendota city officials.
Further discussion was tabled until
resolution of the water surcharge issue.
NORTHLAND INSURANCE Council acknowledged and discussed a memo
from Treasurer Shaughnessy and a letter
and "Pay-As-You-Go" benefit schedule from
Dale Glowa, of United Properties, for a
proposed 66,000 square foot Northland
Insurance Company facility.
Councilmember Smith stated that approval
of the use of tax increment funding would
have to be subject to receipt of an
approved write-down list.
Mayor Mertensotto pointed out that if in
the future United Properties or its
subsidiaries no longer has an interest in
the building, the firm realizes th�`t the
pay-as-you-go will terminate.
Treasurer Shaughnessy informed Council
that United Properties is requesting
concept approval so that Mr. Glowa can
submit a firm offer to NIC, and that the
purpose of Mr. Glowa's letter is to
document a minimum 66,000 square foot
building size.
Councilmember Koch moved to give concept
approval of a Deferred Tax Increment Note
for the Northland Insurance project as
presented by Dale Glowa on May 4th and as
recorded in the May 4, 1993 Council
Page No. 3638
May 18, 1993
minutes and to authorize Treasurer
Shaughnessy to notify United Prope�
that Council'approves the concept c
for a minimum 66,000 square foot bi
for Northland Insurance Companies•'i
Councilmember Smith seconded the ma
Ayes: 5
Nays: 0
HEARING: MARRIOTT Mayor Mertensotto opened the meeti
LIQUOR LICENSES the purpose of a public hearing on
application from the Courtyard by
Marriott for renewal of its on-sal
limited service hotel liquor licen
Sunday on-sale liquor license. Co
acknowledged a memo from the City �
indicating that all application ma�
are in order and that no license
violations have occurred.
Mayor Mertensotto asked for questi
comments from the audience.
There being no questions or commen
Councilmember Koch moved that the
be closed.
Councilmember Smith seconded the m
Ayes: 5
Nays: 0
Councilmember Smith moved to appro
renewal of On-Sale Limited Service
and Special Sunday On-Sale Liquor
Licenses for the Courtyard by Marr
Hotel.
Councilmember Huber seconded the m
Ayes: 5
Nays: 0
HEARING: MGM Mayor Mertensotto opened the meeti
LIQUOR LICENSE the purpose of a public hearing on
application from MGM Wine & Spirit
renewal of its off-sale liquor lic
for the MGM Liquor Warehouse locat
the Mendota Plaza. Council acknow
a memo from the City Clerk indicat
that all application materials are
order and that no license violatio:
occurred.
Mayor Mertensotto asked for questi
comments from the audience.
�f TIF
ilding
tion.
g for
an
and
cil
erk
rials
�ns and
:s,
�earing
�tion .
�e the
Hotel
ott
tion.
�g for
an
for
nse
d in
edged
in
s have
and
a�
DRA.FT NGI. 2
N " • M i'
! • � �I � ��i � �, t
T'HIS AGREEI��ENT, made an or as of the day of December, 1993, by and
CITY OF MENDOTA HEIGHTS (the "City"), a statutary city of the State of Minni
its pruicipal offices at 1101 Victoria Curve, Mendata Heights, Minnesata 55118 a
PROPERTIES CORPORATION, a Minnesata corporatian (the "Developer"), with
office at 3500 West 80th Street, Suite 10�, Minneapalis, Minnesota 55431.
WITNESSET�I:
WHFREAS, the City is a statutary city of the fourth class organized and exzsting
the Constitution and laws of the State of Minnesota and is governed by the City l
"Cauncil"} of the City; and �
�ong THE
ta, having
UN'ITED
principal
�t to
(the
WIiEREAS, pursuant to the Municipal Deveiopment D'zstricts Act, Minnesota Statut s, Chapter
273, as amended and recodified (the "Act"), the Council is authorized ta establish d velopment
districts in arder to provide for the deveiopment and redeveiopment of the City; an
WHEREAS, pursuant to the Minnesata Ta�c Increment Financing Act, Minneso Statutes,
Sections 469.174 et. seq. (the "Tax Incxement Act"), as amended, the Council is a thorized to
finance the capitai and admuustrat�on casts of a development district with ta3c increme t revenues
derived from a tax increment financing district established withiin such development istrict; a.nd
WHEREAS, the Cauncil adopted the I7evelapment Program (the "Development
S, 1981 creating Development District Number 1(the "Develapment District")
Act; and
VYHEREAS� IIl COIlI1�Gt1QIl Wl�il, t�l� I?evelopment Plan the Cauncil has
increment iinancing district pursuant to the Tax Increment Act (the "Tax �In�
and
WHE12EA5, the City believes that the development af the Development District purs
Agreement, and fulfillm.ent generally af the terms of this Agreement, are in the be
of the City and the health, safety, morals and welfare of its residents, and in acco:
public purpases and provisions af applicable federal, state and local laws under
Development Plan is being undertaken and assisted;
NOW, THEREFQRE, in consideration of the foregoing premises and the mu��
representations and undertakings of the parties hereto, each af them does hereby
agree with the vther as follows:
") on May
�ant to the
hed a tax
District");
tant to this
�t interests
d wzth the
which the
promises,
�enant and
t i
ARTICLE I.
Definitions
Section 1.1. Deimitions. Unless the context otherwise requires, when used in this Agreement
the following terms shall have the meanings specified in this Article I. Each definition or
pronoun herein shall be deemed to refer to the singular, plural, masculine, feminine or neuter
as the context requires. Words such as "herein, ""hereinafter, ""hereof, ""hereto, " and
"hereunder, " when used in reference to this Agreement, refer to this Agreement as a whole,
unless the context requires otherwise:
"Act" means the Municipal Development Districts Act, Minnesota Statutes, Chapter 273 as
amended and recodified.
"Agreement" means this Contract for Private Development, as the same may be from time to
time modified, amended, or supplemented.
"Assignment Date" means the date upon which the Developer assigns the Note to the Lessee.
"Certificate of Completion" means the written cert�cation by the City that the Min'vnum
Improvements have been completed in accordance with the terms of the Agreement.
"Citp" means the Ciry of Mendota Heights, Mi.nnesota.
"Construction Plans" �means the plans, specifications, drawings and documents related to the
Development Property and the construction work to be performed by the Developer on the
Development Properiy including, but not limited to, the following: (1) as-built survey of
Development Property, (2) site plan; (3) foundation plan; (4) floor plan for each floor; (5) cross
sections of each (length and width); (� elevations (all sides); (� facade and landscape plan; and
(8) such other plans or supplements to the foregoing plans as the City may reasonably request.
"Conveyance Date" means the date upon which the Developer conveys or leases the
Development Property to the Lessee.
��
"Council" means the city council of the City.
"County" means the Counry of Dakota, State of Minnesota.
"Developer" means United Properties Corporation, a Minnesota. corporation.
"Development District" means Development District Number 1 created by the City pursuant
to the Development Plan.
"Development Plan" means the Development Program for Development District Number 1
adopted by the Council on May 5, 1981, as the same has been and may hereafter be amended.
-2-
.
"Development Property" means the real property legally described on Exhibit A a
and incorporated herein.
"Event of Default" means an action or occurrence described in Section 7.1 of this
"Lessee" means Northland Insurance Company, a Minnesota corporation.
"Minimum Improvements" means, collectively, the Site Improvements and an
80,000 square foot office/commercial facility to be constructed on the Developi
hereto
Property.
"Note" means the Limited Revenue Tax Increment Note substantially in the form o Exhibit D
attached to and incorporated in this Agreement, and to be made by the City payable t the order
of the Developer and delivered by the Ciry to the Developer in accordance with ection 3.2
hereof.
"Permitted �ansfer" means the sale or lease of the Development Property by the
to Northland Insurance Company, a Minnesota corporation.
"Preliminary Development Plan" shall mean, collectively, the Construction Plans d all other
writings, drawings illustrations or other artistic renderings, applications, agreemen � or other
documents submitted to and approved by the City in connection with this Agreement and/or the
Project.
"Project" means the acquisition of the Development Property and construction of
Improvements thereon.
"Site Improvements" means, collectively, all those certain improvements to the
Property described on Exhibit E attached hereto and incorporated herein.
"State" means the State of Minnesota.
Minimum
"Tax Increment" means that portion of the real estate taxes paid with resp ct to the
Development Property which is remitted to the City as tax increment pursuant t the Tax
Increment Act. � _
"Tax Increment Act" means the Tax Increment Financing Act, Minnesota
469.174-469.179, as amended.
"Tax Increment District" means Tax Increment Financing District Number 1
amended by the Ciry pursuant to the Tax Increment Plan adopted in connec�
Development Plan. .
"Tax Increment Plan" means the Tax Increment Financing Plan adopted by the (
5, 1981, in connection with the creation of the Tax Increment District, as the same
may be amended from time to time.
-3-
Sections
3ted and
with the
on May
been or
"Tax Offcial" means any Ciry or county assessor; County auditor; City, County or State board
of equalization, the commissioner of revenue of the State, or any State or federal district court,
the tax court of the State, or the State Supreme Court.
"Transfer" means any cessation of use of the Development Properry by the Lessee after the
Conveyance Date for any reason, including (A) the cancellation of any lease entered into by the
Lessee for occupancy and use of the Development Property and the Minimum Improvements,
or (B) the sale, assignment, conveyance, lease, transfer, foreclosure, or other disposition (other
than a mortgage, encumbrance, lien, collateral assignment, or similar arrangement entered into
for the purpose of financing the acquisition or development of the Development Property) of:
(i) the Development Property or any interest therein;
(ii) the Minimum Improvements, or any portion thereof;
(iii) prior to the Conveyance Date, the sale, exchange or transfer of greater than a fifty
percent (50 %) interest in the ownership, profits, or capital of the Developer,
determined with reference to all such exchanges occurring after the date hereof,
provided, however, that a Transfer shall not include (A) any transfer or disposition to
a corporation, partnership, limited liability company or trust more than 50 % of the
beneficial interest of which is owned or controlled by the Developer, (B) any transfer
to a corporation under common control with, which controls, or which is controlled by,
the Developer, or (C) any transfer to a natural person who owns a majority interest in
.the Developer as of the date hereof or such person's spouse, children, grandchildren,
grandparents, or parents, or an entiry more than fifty percent (50 %) of the beneficial
interest of which is owned by one or more such persons; or
(iv) after the Conveyance Date, the sale, excha.nge or transfer of greater than a fifty
percent (50 %) interest in the ownership, profits, or capital of the Lessee, determined
with reference to all such exchanges occurring after the date hereof, provided,
however, that a Transfer shall not include (A) any transfer or disposition to a
corporation, partnership, limited liability company or trust more than 50 % of the
beneficial interest of which is owned or controlled by the Lessee, (B) any transfer of
shares of Lessee in a public offering registered pursuant to the Securities A,�t of 1933,
provided, however, that the business operations of Lessee conducted on and with
respect to the Development Property shall continue substa.ntially unchanged at all times
after such transfer, (C) any lease or sublease of the Development Property by Lessee,
provided, however, that Lessee shall at all times continue to use and occupy not less
than fifty percent (50 %) of the net rentable square footage of the Development Property
and the improvements thereon, or (D) any transfer to a natural person who owns a
majority interest in the Lessee as of the date hereof or such person's spouse, children,
grandchildren, grandparents, or parents, or an entiry more than fifty percent (50 %) of
the beneficial interest of which is owned by one or more such persons.
"Unavoidable Delays" means delays which aze the direct result of strikes, shortages of
materials, war or civil commotion, delays which are the direct result of unforeseeable and
unavoidable casualties to the Minimum Improvements, the Development Property or the
-4-
equipment used to construct the Minimum Improvements, delays which aze the dire
governmental action or inaction beyond the control of Developer, delays which ar�
result of judicial action commenced by third parties, citizen opposition or action a:
Project or adverse weather conditions, or to any other cause or action beyond the
control of the party seeking to be excused as a result of its occurrence.
ARTICLE II.
Representations and Warranties
Section 2.1. Representations bv the Citv. The City makes the following
the basis for the undertaking on its part herein contained:
a. The Ciry is a statutory city of the State with all the powers of a stat
the fourth class duly organized and existing under the laws of the State.
provisions of the Act and any other applicable laws�, the City has the po�
into this Agreement and carry out its obligations hereunder.
b. The City has created, adopted and approved the Development
Development Plan, and Tax Increment District in accordance with the res�
of the Act and the Tax Increment Act, and the same remai.n in full force
c. To finance the obligations of the City hereunder, the City proposes
Note payable to the Developer in accordance with the provisions hereof a
tax increment generated by the Tax Increment District to the payment of
and interest on the Note according to its terms.
d. The Ciry makes no representations, guaranty or warranty, either
implied, as to the Development Property, or any portion thereof, its conc
suitability for the Developer's purposes or needs or the economic feasil
Project. �
e. The cumulative amount of the City's expenditures of tax increment c
Development District, including administrative costs, when aggregat
assistance provided pursuant to this agreement, will not exceed 25 % of the
of tax i.ncrement expended pursuant to the Tax Increment Plan, in com
Minnesota Statutes Section 469.1763, subd. 2.
Section 2.2. Renresentations. Covenants and Warranties b�the Developer. The
represents and warrants that: "
a. The Developer is a Minnesota corporation which has duly a
execution and implementa.tion of this Agreement through proper action.
b. The Developer shall operate and maintain the Minimum In
material aspects in accordance with the terms of this Agreement, the
and all applicable local, state and federal laws and regulations (
��
ct result of
: the direct
;fecting the
reasonable
as
� city of
ider the
to enter
ict, the
�e terms
effect.
make the
to pledge
principal
ess or
or its
of the
ide of the
with the
il amount
�nce with
the
s in all
:nt Plan
but not
limited to, environmental, zoning, building code and public health laws and
regulations).
c. Subject to the provisions of Sections 3.1 (Developer Conveyance of Development
Property) and 6.2 (Consequences of Transfer) hereof, the Developer is and shall be the
owner of the Development Property.
d. Subject to Unavoidable Delays, the Developer shall construct the Minimum
Improvements in accordance with the Preliminary Development Plan and all applicable
local, state or federal energy-conservation laws or regulations.
e. Subject to Unavoidable Delays, the Developer shall obtai.n, in a timely manner,
all required permits, licenses and approvals, and will meet, in a timely manner, the
requirements of all applicable local, state and federal laws and regulations which must
be obtained or met before the Minimum Improvements may be lawfully constructed.
f. The Developer covenants that the cost of the Mi.n.imum Improvements to be
completed on the Development Properry shall be not less than One Million Two
Hundred Twenty Nine Thousand Four Hundred Four and 00/100 Dollazs
($1,229,404.00).
g. Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, the acquisition, construction and development of the
Development Property, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a
breach of, the terms, conditions or provisions or any corporate restriction or any
evidences of indebtedness, agreement or instrument of whatever nature to which the
Developer is now a party or by which it is bound, or .constitutes a default under any
of the foregoing. - "
h. The Developer acknowledges, represents and agrees that, but for the assistance
provided by the City under the Agreement, it would not be able to undertake the
Project.
�F
i. After reasonable inquiry and investigation, to the best of its knowledge, no
"hazardous" or "toxic" substances (as those terms aze defined in any state or federal
rule, regulation, statute or other law relating to environmental matters) is located or has
been disposed of or released on, under or about the Development Property.
j. The Developer shall cooperate with the Ciry with respect to any litigation
commenced with respect to the Development Plan or the Project. Except for any
willful or wanton misconduct of the City, its employees, Council members, officers or
employees, the Developer shall save, hold harmless, and indemnify the City from and
against any and all costs, including reasonable costs of defense incurred by the Ciry
through an attorney of its choosing, with respect to any litigation commenced by third
parties in connection with the Project or this Agreement.
�
�
ARTICLE III.
Undertakings of Citv and Developer
Section 3.1. Developer Convevance of Development Property. The Dev
completion of construction of the Minimum Improvements, convey title to and
Development Properry to the Lessee.
may, after
sion of the
Section 3.2. Limited Revenue Tax Increment Note. Upon the issuance by the City of the
Certificate of Completion, the City shall make and deliver the Note to the Develop r.
a. The City hereby consents to the Assignment of the Note to the Lessee on or after
the Conveyance Date (the "Assignment Date"). The City shall not be bligated to
make payments on the Note until after the Conveyance Date.
b. The City's obligation to make payments on the Note ("Scheduled ayments ")
shall be limited to the aggregate amount of Tax Increment which the City received
from the County, less all prior Scheduled Payments ("Available Tax Incr ent").
c. In the event that the Developer or, after the Assignment Date, the ssee, shall
fail to pay the real property taxes assessed and payable against the D velopment
Property on or before the due date for such taxes prescribed in Minneso Sta.tutes,
Section 277.01 ("Delinquent Tax"), the City sha11 be forever relieved of i obligation
to make the next Scheduled Payment under and pursuant to the Note "Forfeited
Payment"). The amount of Tax Increment attributable to the Forfeited Pa ment shall
be includable in the determination of Available Tax Increment with respect to
Scheduled Payments other than the Forfeited Payment only in the event that (i) the
Delinquent Ta�c is rem.itted to the County, together with any applicable penalty or
interest chazges, and (ii) all other Delinquent Tax payments are broug t current.
Thereafter, all Scheduled Payments (other than the Forfeited Payment) s all be paid
in accordance with the terms and conditions of the Note and of this Agree� ent. The
City shall not be obligated to make Scheduled Payments unless and until 1 taxes are
paid in full and current, together with any interest or penalties attributabl thereto.
d. The City shall forever be relieved of its obligation to make Sch�
under the Note in the event that the Lessee shall cause or suffer a
Development Property at any time after the Conveyance Date.
Section 3.3. Place of Document Execution, Delivery and Recording. Un
mutually agreed by the Ciry and the Developer, the execution and delivery of all �
payment of any amounts due hereunder shall be made at the o�ces of the City.
Payments
Fer of the
otherwise
nents and
Section 3.4. Site Improvement Costs. Upon issuance of the Certificate of Compl tion by the
City, the City shall reunburse the Developer for the lesser of (a) actual cost of co pletion of
the Site Improvements, or (b) the sum of One Million Two Hundred Twenty-Nin Thousand
Four Hundred Four and 00/100 Dollars ($1,229,404.00). The Developer agrees t deliver to
the City, in connection with issuance of the Certificate of Completion, a certificate, n form and
-7-
substance acceptable to the City, acknowledging and warranting the cost of completion of the
Site Improvements.
Section 3.5. Reimbursement of Costs. The Ciry and the Developer hereby stipulate and agree
that the assistance provided pursuant to this Agreement is intended solely to reimburse the
Developer for the actual costs of the Site Improvements (or portions thereofl listed on Exhibit
E attached hereto, and that such assistance is in furtherance of the purposes of the Development
Pla.n, the Act, the Tax Increment Act, and/or necessitated by the unique characteristics of the
Development Property, its proximity to the Minneapolis/St. Paul International Airport, and/or
the topography of the Development Property site.
ARTICLE IV.
Construction of Minimum Improvements
Section 4.1. Construction of Mi.nimum Improvements. The Developer agrees that it will
construct the Minimum Improvements on the Development Property in accordance with the
approved Preliminary Development Plan.
Section 4.2. Preliminary Development Plan.
a. The City has approved the Preliminary Development Plan as submitted by the
Developer.
b. If the Developer desires to make any material change in the Preli.minary
Development Pla.n, the Developer shall submit the proposed change to the City for its
approval. The Developer acknowledges that upon entering this Agreement, the City
in no way waives its right of final approval of materials and submissions required
herein, including, but not limited to, final Construction Plans and the City expressly
reserves its right to deny approval of any plans and permits should the Developer fail
to proceed in accordance with this Agreement and/or fail to perform in total
compliance with the obligations herein and the requirements of the City's Zoni.ng
Ordinance and Ciry's Subdivision Ordinance and other applicable City codes and
ordinances affecting the Construction Plans and/or the Development Prope��.
Section 4.3. Completion of Construction. Subject to Unavoidable Delays, the Developer
shall achieve final completion of the construction of the Minimum Improvements on or before
December 31, 1995. All work with respect to the Minimum Improvements to be constructed
or provided by the Developer on the Development Property shall be done in a good and
workmanlike manner with quality materials and in strict compliance with the Preliminary
Development Plan as submitted by the Developer and approved by the Ciry.
The Developer agrees for itself, its successors and assigns, and every successor in interest to the
Development Property, or any part thereof, that the Developer, and such successors and assigns,
shall diligently prosecute to completion the development of the Development Property through
the construction of the Minimum Improvements thereon, and that such construction shall in any
event be completed within the period specified in this Section 4.3 of this Agreement. Prior to
:
�
the City furnishing the Developer with a Certificate of Completion with respect to
Improvements, the Developer shall make reports, in such detail and at such
reasonably be requested by the City, as to the actual progress of the Developer v
such construction.
Section 4.4. Certificate of Completion.
a. Promptly after final completion of the Minimum Improvements in
with the terms hereof (including the date for completion thereo fl, the Ciry
the Developer with an appropriate instrument so certifying (the "C�
Completion"). Such certification by the Ciry shall be (and it shall be so
the certification itsel fl, absent latent error or defect, a determination of sa
the agreements and covenants in the Agreement with respect to the oblig�
Developer to construct the Minimum Improvements. Issuance of a c�
occupancy by the Ciry with respect to the Minimum Improvements shall be
evidence of completion of construction of the Mini.mum Improvements (�
be conclusive evidence of Developer's compliance with its obligations hei
b. If the City shall refuse or otherwise be unable to provide the C�
Completion in accordance with the provisions of this Section 4.4 of this
the City shall, within ten (10) days after written request by the Developer,
Developer with a written statement, indicating in adequate detail in what
Developer has failed to complete the Minimum Improvements in accordar
provisions of the Agreement, or is otherwise in default, and what measures
be necessary, in the opinion of the City, for the Developer to take or perfo
to obtain such certification.
ARTICLE V.
Insurance
Section 5.1. Development. The Developer shall provide and maintain at all times
process of constructing the Minimum Improvements for the benefit of the Develop
Ciry and, from time to time at the request of the City, furnish the City with proof �
of premiums on:
Minimum
;s as may
respect to
11 furnish
ficate of
�vided in
action of
ns of the
ficate of
�ma facie
shall not
of
�vide the
�ects the
with the
acts will
in order
�ri.ng the
and the
payment
a. Builder's risk insurance, written on the so-called "Builder's Risk -- ompleted
Value Basis," in an amount equal to one hundred percent (100%) of the re lacement
value of the Minimum Improvements as of the date of completion, and wi coverage
available in nonreporting form on the so-called "all risk" form of policy.
b. Comprehensive general liabiliry insurance (including liability ari
operations, contingent liability, operations of subcontractors, completed ope�
contractual liability insurance) together with an Owner's Contractor's Policy
�
i.ng from
�tions and
✓ith limits
against bodily injury and property damage of not less than $3,000,000 for each
occurrence (to accomplish the above-required limits, an umbrella excess liability policy
may be used). �
c. Worker's compensation insurance, with statutory coverage.
Section 5.2. Other Terms. All insurance required pursuant to this Article V shall be taken out
and maintained with insurance companies reasonably acceptable to the City and authorized under
the laws of the State to assume the risks covered thereby. The Developer will deliver to the
City policies evidencing all such insurance, or a certificate or certificates or binders of the
respective insurers stating that such insurance is in full force and effect.
ARTICLE VI.
Prohibitions Against Assignment and ZYansfer ---�
Section 6.1. Identitv of Develo�er. The Developer recognizes that, in view of (a) the
importance of the development of the Development Property to the general welfare of the
communiry and (b) the substantial financing and other public aids that have been made available
by the City for the purpose of making such development possible, the qualifica.tions and identity
of the Developer and the Lessee are of particular concern to the community and the City. The
Developer further recognizes that it is because of such qualifications and identity that the Ciry
is entering into the Agreement with the Developer, and, in so doing, is further willing to accept
and rely on the obligations of the Developer for. the faithful performance of all undertakings and
covenants hereby by the Developer to be performed.
Section 6.2. Consequences of Transfer. For the reasons sta.ted i.n Section 6.1 (Identity of
Developer) hereof, the Developer represents and agrees that prior to completion of construction
of the Minimum Improvements:
a. Except only by way of security for, and only for, the purpose of obtaining
financing necessary to enable the Developer or any successor in interest to the
Development Properry, or any part thereof, to perform its obligations with respect to
constxucting the Minimum Improvements under the Agreement, and any ott�e� purpose
authorized by the Agreement, the Developer (except as so authorized) has not made or
created, and will not make or create or suffer to be made or created, any Transfer of
the Development Property or any part thereof or any interest therein, or any contract
or agreement to do any of the same (except with respect to the Lessee).
b. No Transfer of the Development Property shall operate, legally or practically,
to deprive or limit the City of or with respect to any rights or remedies or controls
provided in or resulting from the Agreement with respect to the Development Property
and the construction of the Minimum Improvements that the City would have had, had
there been no such transfer or change.
c. No Transfer shall be deemed to relieve the Developer, or any other party bound
in any way by the Agreement or otherwise with respect to the construction of the
-10-
Minimum Improvements, from any of its obligations with respect thereto o� from any
of its other obiigations under this Agreement.
d. Any Transfer of the Development Praperty, other than a transfer from eveioger
to Lessee referenced in Section 3.1 (Developer Conveyance of I7evelopmen Property)
of this Agreement, shall relieve the City of any and all of its oblzgations under the
Note.
e. Nothing in this Section 6.2 shall constitute a restrai.nt on aliena.tion or
with respect to the conveyance of the Development Property.
Section 6.3. Effect of Financina. Nothing herein shall prahibit or prevent the
encumbering the Development Praperty in order to obtain suitable, bona fide :
development, construction, expansion or restoraiian of the Development
Minimum Improvements.
Sectian 6.4. Assignment. This Agreement an.d the rights, duties and o
Developer hereunder sha11 not be assigned, conveyed, or transfened, and any �
in violation of this provision shall be null, void, and of no effect.
A.RTICLE VII.
E�vents of Default
:r fram
for the
or the
of the
transfer
Section 7.1. Events o£ Default. The term "Event of Default" shall mean, whenever lit is used
in this Agreement {uniess the cantext otherwise provides}:
a. Failure by the Developer ta camplete the Development Property on or
date specified in Section 4.3 (Campletion af Construction) hereaf in conforz
the terms, conditions, and iimitations of this Agreement;
b. Failure by the Deveioper to observe or perform a.ny cavenant,
obligation, or agreement on its part to be observed or performed under this
and the cantinuance af such faiiure for thirty (30) da.ys after written notice t
the City; or
� the
with
from
c. A petition of, ar claim for relief in, bankruptcy or izasolvency is fi�ed ursuant
to any current or future bankruptcy or insolvency Iaws naming the Developer debtor,
and such petition is not dismissed within ninety (90) days of the date of filin thereof.
Section 7,2. Remedies on Default. Whenever any Event of Default occurs, in addit on to a11
other remedies avaiiable tv the City at law or in equity or elsewhere in this Agreement, the Ciry
may (i) suspend its perfarmance under the Agreement until it receives assurances om the
Developer deemed adequate by the City that the Devetoper has cured such default d wiii
continue its performance under the .Agreement, and/or (ii) take any one or more of the f llowing
actions:
-11-
a. The City may withhold the Certificate of Completion.
b. The City may terminate this Agreement and cease any and all performance under
this Agreement, including any obligation to make payments on the Note.
c. The parties hereby agree that all costs, direct or indirect, paid or incurred by
the City in connection with this Agreement or the Project, and including without
limitation all sums advanced to or for the benefit of the Developer hereunder, shall
constitute damages of the City for purposes hereof. Except as set forth in the previous
sentence, the City shall not seek recovery against the Developer of any consequential
damages.
Section 7.3. No Remedv Exclusive. No remedy herein conferred upon or reserved to the
parties is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative a.nd shall be in addition to every other remedy given� under this
Agreement. No delay or omission to exercise any right or power accruing upon any default
shall impair any such right or power or shall be construed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as may be deemed expedient.
In order to entitle the parties to exercise any remedy reserved to them, it shall not be necessary
to give notice, other than such notice as may be required by this Article VII.
Section 7.4. No Additional Waiver Implied bv One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the
other party, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or subsequent breach hereunder.
ARTICLE VIII.
Additional Provisions
Section 8.1. Conflict of Interests: City Representatives Not Individually Liable. No
member, official, or employee of the Ciry shall have any personal interest, direct or indirect,
in the Agreement, nor shall any such member, official, or employee participate in any decision
relating to the Agreement which affects his personal interests or the interests of any c�oration,
partnership, or association in which he is, directly or indirectly, interested. No member,
official, agent, or employee of the City shall be personally liable to the Developer, or any
successor in interest, in the event of any default or breach by the Ciry or for any amount which
may become due to the Developer or successor or on any obligations under the terms of the
Agreement, except in the case of willful misconduct.
Section 8.2. Restrictions on Use. Neither the Developer nor the Lessee shall discriminate upon
the basis of race, color, creed, sex, affectational preference, age, religion or national origin in
the sale, lease, or rental or in the use or occupancy of the Development Properry or the
Minimum Improvements erected or to be erected thereon, or any part thereof.
Section 8.3. Provisions Not Merged With Deed. None of the provisions of this Agreement
are intended to or shall be merged by reason of any deed transferring any interest in the
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Develapment Praperty and any such deed shall not be deemed to affect or impair the
and covenants of this Agreement.
ions
Seetion 8.4. Titles of Articles and Sectians. Any titles, headings, or captions of e several
parts, articles, and sections af the Agreement are inserted for convenience of referenc only and
shall be disregarded in construing or zntergreting any of its provisions.
Sectian 8,5. Notzces and I?emands. Except as otherwise expressty provided in this � reement,
a notice, demand, or other cammunication under the Agreement by any party to any ther party
shail be sufficiently given or delivered if it is dispatched by registered or certifed ma l, postage
prepaid, return receipt requested, or delivered personally; and
a. in the case of the Developer, is addressed to or delivered person ly to the
mailing or delivery address the Develoger will, from time to time, furnish i the City;
and .
b. in. the c.ase of the City, is addressed ta or delivered personally ta the
Victoria C�rve, Mendota Heights, Minnesota SSI38 or at such other a�
City may, from time to time designate in writing and forward to the Deve
I.essee.
Section 8.6. Indemnification.
a. Developer agrees, that anyt�iing to the cantrary herein notwithstanding
and its agents, o�cers, Council members, and employees shall not be
respansible in a.ny manner ta the I}eveiaper, the Developer's contractors, :
vendors, material men, laborers, lienors, martgagees, or to any other person o
whamsoever, for aay claim, dema.nd, damage, cast, ar loss of any kind or
azising out of or by reason of the execution of this Agreement, the tra
cantemplated hereby, the acquisition, construction, insialiation, awnership or
of the Praject, the Minimum Improvements and/or the Development Properi
such ciaims or damages are caused soiely by the grass negiigence or willful m
of the City, its agents, officers, or employees.
at 1101
; as ti�e
and the
the City
liable or
persons
, unless
fi�
b. The Developer sha11 indemnify, save and hold harmless the City from against
any and ail claims, demands, actions or causes of action (including speci� aily, but
without limiting the generaliry of tb.e foregoing, the costs af defending the s e, costs
and expenses for City adm.inistrative tzme and labar, casts of enganeering and Ianning
services, costs of all legal services rendered, direct out-of-pocket expenses in urred in
connection with defending such claims, and amaunts paid as da�mages ar in s ttlement
or compromise of any such action or proceeding) as may be braught against the City
for acts or omissions in any way related ta the construction, operation or f cing af
the Minimum Improvements, and/or the Develapment Properry, unless such laims or
damages are caused soieiy by the gross negiigence or wiiiful misconduct of e City,
its agents, officers, or employees.
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c. Developer shall reimburse the City for any and all costs and expenses, including
without limitation, attorneys' fees, paid or incurred by the City in connection with or
relating to enforcing performance of (or seeking damages for Developer's failure to
perform) any covenant or obligation of Developer under this Agreement.
d. The indemnification obligation of Developer shall include, without limitation, any
liability, damages, claims or costs incurred or asserted against the City relating to the
alleged presence or release of hazardous or toxic substances on, under or about the
Development Property.
e. Developer shall further save, indemnify and hold harmless the City from and
against any and all costs, damages, liabilities or expenditures incurred by the Ciry
pursuant to Minnesota Statutes Section 469.1771, subd. 3, as a result of the assistance
provided to the Developer and the Lessee pursuant to this Agreement.
Section 8.7. Covenants. All covenants, stipulations, promises, agreements a.nd obligations of
the City contained herein shall be deemed to be the covenants, stipulations, promises,
agreements and obligations of the City and not of any Council member, officer, agent, servant,
employee, independent contractor, consultant and/or legal counsel of the City.
Section 8.8. Governing Law. The pazties agree that this Agreement shall be governed and
construed in accordance with the laws of the State of Minnesota and acknowledge that this
Agreement is the type of agreement described in Minnesota Statzctes, Section 469.176, subd. 5.
Section 8.9. �me is of the Essence. Time shall be of the essence of this Agreement.
Section 8.10. Counterparts. This Agreement is executed in any number of counterparts, each
of which shall be an original, but all of which shall constitute one and the same instrument.
Seetion 8.11. Interpretation and Severabilitv. If any one or more of the provisions, sentences,
phrases or words of this Agreement or any applicativn thereof shall be held or determined to be
invalid, illegal, or unenforceable in any respect, the validiry, legality, and enforceabiliry of the
remaining provisions, sentences, phrases or words of this Agreement and any other application
thereof shall in no way be affected or impaired and shall remain in full force and e,�fect.
Section 8.12. Successors and Assigns. This Agreement is binding on and inures to the benefit
of the heirs, successors and assigns of the parties hereto, provided, however, that this Agreement
may not be assigned by any of the parties hereto except as specifically provided herein. Any
successor shall absolutely and unconditionally assume a11 of the rights, duties and obligations of
their assignee hereunder.
Section 8.13. Modification/Entire A�reement. This Agreement may not be altered, modified
or amended except by an instrument in writing signed by all of the parties hereto. No person,
whether or not an officer, agent, employee or representative of any parry, has made or has any
authoriry to make for or on behalf of that party any agreement, representation, warranty,
statement, promise, azrangement or understanding not expressly set forth in this Agreement or
in any other document executed by the parties concurrently herewith ("Parol Agreements ") .
-14-
This Agreement and all other documents executed by the parties concurrently herewi constitute
the entire agreement between the parties and supersede all express or implie , prior or
concurrent, Parol Agreements and prior written agreements with respect to the su 'ect matter
hereof. The parties acknowledge that in entering into this Agreement, they have no relied and
will not in any way rely upon any Parol Agreements.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed its name
and behalf and its seal to be hereunto duly affixed and the Developer has caused this greement
to be duly executed on or as of the day and year first above written.
THE CITY OF MENDOTA
I:
Charles E. Mertensotto
Its Mayor
Attest:
Kathleen M. Swanson
Its City Clerk
� IJNITED PROPERI'IES C
a Minnesota corporation
STP:86335. VER 2
By:
Its:
By:
Its:
-15-
TION,
Lats 2 and 3, $lock 4, Mendota Heights Industrzal Park,
Dakota County, Minnesota
[Reserved].
_, 199_
EXHIBIT D
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
THE CITY OF MENDOTA HEIGHTS
LIMITED REVENUE TAX INCREMENT NOTE
The City of Mendota. Heights, Minnesota (the "Ciry"), hereby acknowledges itself to t
and, for value received, promises to pay to the order of United Properties Cor�
Minnesota corporation (the "Owner"), solely from the source, to the extent and in t
hereinafter provided, the principal amount of this Note, being $1,229,404.(}0 (the
Amount"), together with interest thereon accrued from _, 199_, at the rate
of nine and one-half percent (9.5 %) per annum (the "Stated Rate"), on the dates (the '
Payment") set forth on Schedule 1. This note shall be payable in semiannual u
commencing on _, 199 , and on the lst day of each and
until and including _, 20
Upon 30 days prior written notice from the City to the Owner,
to prepayment at the option of the City in whole or i.n part on
1 and 1 thereafter.
the Principal Amo
_, 199_,
Any payments on this Note shall be applied first to accrued interest and then to
Amount in respect of which such payment is made.
Each payment on this Note is payable in any coin or currency of the United States c
which on the date of such payment is legal tender for public and private debts and sha
by check or draft made payable to the Owner and mailed to the Owner at its pos�
within the United States which shall be designated from time to time by the Owner.
Capitalized terms used and not defined herein shall have the mea.ning ascribed to
certain Contract for Private Development between the City and the Owner of even i
(the "Agreement").
The Note is a special and limited obligation and not a general obligation of the City,
been issued by the City pursuant to and in full conformity with the Constitution and l;
State of Minnesota, including Minnesota Statutes, Section 469.178, Subdivision 4,
financing a"project", as therein'defined, of the City consisting generally of defrayi
public redevelopment costs incurred and to be incurred by the City wit,hin and for t
of its Development District No. 1(the "Program").
THE NOTE IS NOT A GENERAL OBLIGATION OF THE CITY OR OF THE
MINNESOTA (THE "STATE"), AND NEITHER THE CITY, THE STATE
OTHER INSTRUMENTALITY OR POLITICAL SUBDIVISION THEREOF
LIABLE ON THE NOTE, NOR SHALL THE NOTE BE PAYABLE OUT OF A
indebted
orauon, a
ie manner
"Pri.ncipal
af interest
thereafter
is subject
i on each
Principal
America
be made
address
in that
vhich has
ws of the
to aid in
.g certain
�e benefit
'ATE OF
)R ANY
ALL BE
FUNDS
OR PROPERTIES tJTHER THAN "AVAILABLE TAX INCREMENT," AS DEFINED
BELOW.
The Scheduled Fayment of this Nate due on any Scheduled Payment Date is payable solely from
and only to the extent that the City shall have received as of such Scheduled Payment Date
sufficient "Available Tax Increment" as defined in Sectian 3.2 (Limited Revenue Taac Increment
Note} of the Agreement and further de�ned as ta�c increment received as of a Scheduled Payment
Date with respect to certain real property described in the attached Schedule 2{hereinafter
referred ta as the "Develapment Praperty") which real property is Iocated with in the Ciry's Tax
Increment Financing District No. 1(the "District")
The City shall pay on each Scheduled Payment I7ate to the Owner the lesser of the Available
Ta�c Increment and the Scheduied Payment due hereon on that date. To the extent that on any
Scheduled Payment Date the City is un.able to make the total Scheduled payment due an such
date as a result af its ha�ing received as of such date insufficient Available Ta7c Incremen.t, such
failure shall not constitute a default under this Note. �
In the event that the City pays less than the amount of any Scheduled Payment due to the lack
of Avaiiable Taac Increment to pay the same, and in the further event that, as of a subsequent
Scheduled Payment Date the City has Available Tax Inerement from the groperty in an amount
exceeding the am.ount of the Scheduled Payment, the City shall pap such excess Available Tax
Increment to the Owner to ihe extent that prior payments hereunder have been less than the
aggregate Scheduled Payments theretofore due.
The City's abligation to make Scheduled Payments under and pursuant to this Note is expressly
contingent upon payment of the real praperty taxes assessed and gayable against the
Development Property on or before the due date for such taxes prescribed inMinnesota Statutes,
Section 277.41. Upon an.y failure of the Qwner ta make such timely payment, the City shall
forever be relieved of its obligation to make the next Scheduled Payment immediately following
such dei�quency. In the event that such payment is made by the Owner aftez the due date foz
such payment, the amaunt af Ta�c Increment attributable to such late payment shall nevertheless
be includable in the determination of Availai�le T� Increment, except with respect to the
forfeited Scheduled Payment as set forth in this paragraph.
��-
The City's abligation ta make Scheduled Payments under and pursuant ta this Note is expressly
contingeIlt upon continuing occupancy of the Development Property by the Lessee as grovided
in, and subject to the terms of, the Agreement. Any rights ai Lessee pursuant to this Note by
reason of a permitted transfer to Lessee by 4wner are derivative from, -and subJect ta, all
conditions, restrictions, limita.tions, and obligations of Develaper as set forth herein and in the
Agreemeni.
This Nate shall z�ot be payable from or constitute a charge upon any funds of the City, and �e
City shall not be subject ta any liability hereon or be deemed to have abligated itself to pay
hereon from any funds except the Availabie T� Increment, and then only to the extent and in
the manner herein specified.
The Owner shall never have or be deemed to have the right to compel any exercise of any taxing
pawer of the City or of any other public body, and neifiher the City nor any director,
commissioner, council member, board member, afficer, employee or agent of the
person executing or registering this 1`�ote shall be Iiable personally herean by
issuance or registratian hereof or otherwise. �
IT IS HEREBY CERTIFIED AND RECITED tb.at aIl acts, conditions, and things
the Canstitution and laws of the State of Minnesota to be done, to have happene+
performed precedent to and in the issuance of this Note have been done, have ha
have been perfarmed in regular and due form, time, and manner as required by 1�
this Note, tagether with all ather indebtedness of the City outstanding on the date h�
the date of its actual issuance and delivery, �s not subject ta any constitutional
limitation therean.
, nor any
�n of the
quired by
and to be
ened, and
; and that
of and on
statutory
Ilv WITNESS WHEREOF, th.e City has caused this Note to be executed by e manual
signatures of its Mayor and City Clerk and bas caused this Note to be dated Decemb r 4, 1993,
This instrument was drafted by:
WINTHROP & WEINSTINE, P.A. (TMI�
3200 Minnesota V�Tarid Trade Center
30 East Seventh Street
St. Paul, Minnesota 55101
CITY (�F MEND{7TA HEIG
i
Charles E. Mertensatto
Its Mayar
Attest:
Kathleen M. Swanson
Its City Clexk
�
Schedule 1
SCHEDULED PAYMENTS
(Schedule 1 to Limited Revenue Tax Increment Note)
,• •�
Schedule 2
LEGAL DESCRIPTION
Lots 2 and 3, Mendota Heights Industrial Park, Dakota County,
Minnesota
(Schedule 2 to Limited Revenue Ta�c Increment Note)
i t:
SITE IMPROVEMENTS
. u .• :t.
Earthwork . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1p5,430
Site Utiiities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76,010
Sail Correctian / Special,Conditions . . . . . . . . . . . . . . . . . . . . . . . . 137,24p
PavingiConnectionslSidewalks/Curbs . . . . . . . . . . . . . . . . . . . . . . . . 1`78,180
Building Connection Link . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362,970
Basement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .905,b80
Site Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61,330
Acoustic Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .288,290
Engineering Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28, 620
Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: 4tJ 1940
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.54S.69q
�
�
i�� 1����/.,�i
\�j`�;�'!l�%/.iir
-_.���I';���,r
`�,.,,� •��,�,,-.:•-
i � � . � �
i �' i '•
�
November 3Q, 1993
Mr. Larry Shaughnessy
City af Mendota Heights
1 I01 Victoria Curve
Mendota Heights, MN 55 i 1$
Subject: Northiand Insurance Comganies
I7ear Larry;
We are submitting . to you a list .of. estimated projected casts which are allowable
. �: �uideiznes for the above-referenced project.
EarthworklGradinglTree Removal
Site Utilities
Soil Carrectian
Pavings/Sidewalks/Cur6s
Bui�ding Connection Link
Basement
Site Lighting
Acoustical Material
Land
Engineering Costs
'�105,430
� 76,010
$137,24�
$178,180
$362,970
$905,680
$ 61,330
$288,290
$4�1,94{3
$ 28.620
$2,54S,b90
Far legal purposes, we have listed allowable cost categories under TIF statute guide
this project, the total of which exceeds the $1,23�,00(l va.lue of the Pay-As-You-Go
requested by Northlazid insurance Companies,
Many of the Iisted cost categoties include iand preparation, and aliowable site
casts. Other cost� included a.re:
• Acoustical Materials Needed to diffuse air traf%c noise at this site.
3500 West 80th S#reet Suite 100 Minneapolis, MN 55431 (612) 831-100
m
for
Mr. Lany Shaughnessy
November 30, 1993
Page Two
• Building Connection Link Accommodates the on-site expansion af the Northland
Insurance Companies' facilities. Northland does not want
to be located in two detached buildings. The link shelters
employees from the elements, as well as shortens the
commute distance between buildings. It provides security
benefits by protectin�; employees commuting between
buildings from outsidc intruders. Finally, it provides a
degree of energy efficiency, since employees can walk
between both buildings without opening building doors to
the outside.
• Basement The building v��ill have a full �asement to accommodate
on-site storage needs. It also provides for some �
underground parking, which reduces surface parking area
around the building, providing more open green area.
Finally, constructing the basement reduces the soil
� correction.requirementS on this site.
•�Land � , ;:;�:This �ertaiis.az�l� to;LoLS 2 and. 3, Block 4, which t�tals
. +°��;�.:1:'�23;«0. ;sc�uare:fec�t �of:la�zci ar.ea. We refl�ct a value of
-_�;:$'�:'25•:per `squ�r�: foc�t; whic;h is the purchas� �pi7ce of Lot
.��..: :: �'. irorri'`GTE.
We request City Council approval for tax increment financing support in the form of Pay-As-
You-Go benefit in the amount of agproximately $1,230,0(}0.
Sincerely,
► .�--
Da1e J. Gl wa
Senior Vice President
DJG/rm
shaughne.let
��
LAWRENCE J. HAYES �
JEROME B. SIMON
JOHN C.JOHANNESON
JAMES W. BREHL"
BRUCE G.ODLAUG
ALBERT A. WOODWARD
GARRETT E. MULROONEY"
WILLIAM J. HASSING"
JAMES A.GALLAGHER
CHARLES BANS
BARRY A.GERSICK
GEOFFREY P.JARPE�
RICHARD M. GAALSWYK
LARRY B. GUTHRIE
SETH M.COITON
HAROLD IEVANDER,JR.
■AL30 ADMITTED IN WISCONSIN
REPLY TO: M1nneap�l1s
Thomas M. Hart, IV
3200 Minnesota World
30 East 7th Street
St. Paul, Minnesota
MAUN&SIMON
SAINT PAUL OFFICE
2300 WORLD TRADE CENTER
30 EAST 7TH STREET
SAINT PAUL�MINNESOTA 55101-4904
TELEPHONE 612-229-2900
TELECOPIER 612-229-2800
MINNEAPOLIS OFFICE
2900 NORWEST CENTER
90 SOUTH SEVENTH STREET
MINNEAPOLIS,MINNESOTA 55402-4�33
TELEPHONE 612-33B-i113
TELECOPIER 612-338-2271
November 30, 1993
Trade Center
55101
Re: City of Mendota Heights/Northland Insurance
Project
Dear Mr. Hart:
REC 1V�L�
DEC 01 1993
THOMA� �Ar�#iA�i�RINKMAN•
RI HARD C.SALMEN
J HN J. BOWDEN
5 EVEN E. RAU
P ILIP T. COLTON
T EVOR R. WALSTEN
R TH SIlSETH MARCOTT
M RK R. GLEEMAN
L URA J. OAVIS
5 EPHEN E.YOCH
J NNIFER A.TENENBAUM
A IDA R. LA20
J ANNE M.GLADER
O�COUNSEL
OSEPH M. NEMO•JR.
R�T�RED�
MERLYN C.GREEN
We are attorneys for United Properties Corporation (
connection with the above-referenced project which involves
II building for Northland Insurance Company consisting of �
story office building containing approximately 80,000 squa
plus basement (the "Project") on a site adjacent to a build�
presently occupy in Mendota Heights. I am aware that in �
for its expansion needs, Northland Insurance speci
considered relocating outside of Mendota Heights and t]
decision to expand within Mendota Heights was made c
connection with an approval for tax increment financing (TI�
it is my understanding the City Council has preliminarily
on the basis of a"pay as you go" (PAYG) note in the a�
$1,229,404.00. �
I have been provided with correspondence to Mr
Shaughnessy from Dale J. Glowa dated November 30, 199
outlines estimated project costs allowable under TIF gu:
totalling $2,545,690 (the "Qualifying Project Costs").
reviewed these Qualifying Project Costs with my client and
opinion that the payment of tax increments arising fr
Project to make payments on the PAYG note which is to be c
UPC for reimbursement of the Qualifying Project Costs is a:
and permissible under the Minnesota Tax Increment Financ�
CELEBRATING OVER 30 YEARS OF LEGAL SERVICES
SEPH A. MAUN
1909-199t
UPc) in
a Phase
three-
re feet
ng they
lanning
f ically
iat the
nly in
-i� which
of
Larry
t which
delines
I have
.t is my
�m this
iven to
lowable
ng Act,
Mau�v&S�oN
Thomas M. Hart
November 30, 1993
Page 2
Minn. Stat. §469.174 et seq. (TIF Act) as well as under the
Development District Number 1 and Tax Increment Financing Plan for
Redevelopment Districts adopted by Mendota Heights Minnesota dated
April 1, 1981, revised April 21, 1981 and further revised May 5,
1981 (the "City�s Redevelopment Plan").
The foregoing opinion assumes that the City's Redevelopment
and TIF District as set forth in its Redevelopment Plan has, in
fact, been certified pursuant to Minnesota Statutes, on or about
1981 which certification remains in effect and has not been
rescinded, revoked or cancelled and is otherwise in good standing.
The �foregoing also assumes that the reimbursement of the
expenditure of $360,000 in connection with the building connection
link (which I have been informed is located partially outside of
the City�s TIF district) together with all other expenditures
outside the district (including all administrative expenses) will
not exceed more than 25% of the revenues derived from tax
increments paid by properties in the district.
In rendering the foregoing opinion, we have given
consideration to the broad purposes and powers of the=TIF Act and
redevelopment acts and the City's Redevelopment Plan, including but
not limited to: Minn. Stat. §469.124 which authorizes the City to
"develop a program for improving a district of the City to provide
impetus for commercial developments; to increase employment; to
protect pedestrians from vehicle traffic and inclement weather...
and to provide other facilities as are outlined in the development
program adopted by the governing body."; Minn. Stat. §469.126,
Subd. 2, which empowers the City to ��adopt a development program
consistent with which the City may acquire, construct, reconstruct,
improve, alter, extend, operate, maintain, or promote developments
aimed at improving the physical facilities, quality of l�fe, and
quality of transportation..."; and the City's Redevelopment Plan in
which the City states it is seeking to achieve, among other
matters, the following objectives: "7 - to achieve a high standard
of buildings that remain in the project'area; 11 - achieve a high
level of design and landscaping quality to enhance the physical
environment; 12 - to accomplish"convenient and adequate parking to
serve the needs of the area; 15 - improve the financial base of the
City; 16 - provide maximum opportunity, consistent with the needs
of the City for• development by private enterprise; [and] 17 -
provide increased employment opportunities and as much as possible
! �
MAu�v&Sn�ON
Thomas M. Hart
November 30, 1993
Page 3
seek businesses which would employ the unemploye and
underemployed." Section I A of the City's Redevelopment P an.
This opinion is rendered for your benefit and the ben fit of
your client, The�City of Mendota Heights, and for the benefi of no
other party or parties and no such other party or parties s all be
entitled to rely on any of the opinions as expressed herei .
/jd
11/30/93,LBG,26216_1N
Very truly yours, 'j� ��
MAUN & SIMON
�_�.�'%/%�"L��/.�i
- L��� - � _ - - -
•:� ►..
CITY OF MENDOTA HEIGHTS
� •
December 2, 1993
TO: Mayor and Czty Council
FROMe Tom Lawe11, City Administr
SUBJPCTa Discussion of Dodci Road% Kighway 1l0 Area
INTROD'I�CTION
Over �.he past year, Council has on several occasa.ons
the future of �he Dodd Road and Highway 110 intersecGion
curren� and future surrounding land uses. To a�sis'
planning e�forts, a community survey was commissioned th
to gauge resident sentiment relative to this tapic. Mu�
land in this area is subject to a roadway easement heJ
Minnesota Department of Transportation {MnDOT} and �
requested the Ci�y t�o indicate our preference rega�
disposition of thi� easement. The intent of incl.uding tha
Council's agenda is to allow time to further discuss the
the roadway easement in hopes of formula�ing a respanse
wi.thin the next few monthse
As you will recall, Council conducted a workshap s�
this topic on November 16, 1993 at which time the resul�
community survey were reviewed in detail. To summaz
discussion, the two most telling statistics generated
survey relate to current resident satisfaction s
intersection, and residen� desires relative to �.he �utu;
roadway easement. j
scussed
and the
in aur
.s summer
;h of the
d by the
iey have
3ing the
s i�.em on
`uture of
to MnDaT
;ssion an
.s of the
ize that
f ram the
ith the
�e of the
Current Satisfaction- In terms of current resident sat'sfaction,
most appear to be quite happy wi�h the way the intersec ion works
today. Fully 81� of tho�e �urveyed indicated they we e either
nvery satisfied" or "somewhat satisfied�T with the curre t roadway
system for motorized vehicles. Eighteen percent express d similar
levels of dissatisfac�.ion. �
' When asked about satisfaction with the pedestrian trailway
sy�tem in �he area, 42� were satisfied, 2'7� were dissati fied, and
33� expressed no opinion.
Based on the above, it does not appear that our residents are
mandating any immediate changes to the intersection to improve
either vehicular or pedestrian circulation in the areae
Future of Roadway Easement- The survey described two possible
options relative to the disposition of the MriDOT owned roadway
easement. Option A proposed that the City cooperate with MnDOT to
hold the land in its current undeveloped state for possible future
roadway use. Option B proposed that the City allow the land to be
purchased or re-purchased at its current market value for
development consistent with City codes. �
Option A was supported by 42� of the respondents, while Option
B was chosen by 38g of the respondents. Interestingly, Option A
was chosen by approximately a 2:1 margin of those respondents
living closest to the intersection.
Based on the above, it appears as if there is no strong
mandate from our residents, one way or the other, regarding the two
options presented in the survey.
At the workshop Council also spent some time discussing
current and future desirable land uses for the Dodd Road/ Highway
110 area. It was noted that the Planning Commission is currently
evaluating sites for a future senior housing facility which would
be built in cooperation with the Dakota County Housing and
Redevelopment Authority. Given the facility need for nearby retail
opportunities and access to public transportation, a site in the
Dodd Road/ Highway 110 may prove ideal. In addition, Council
discussed the possible future construction of a community center
and/or swimming pool in this area.
DISCiTSSION
Several years ago the City explored the concept of extending
a new overpass over Highway 110 to increase the safety of vehicular
and pedestrian movements in this area. To assist in planning for
this option, MnDOT approved the inclusion of such a connection as
part of the City's Municipal State Aid (MSA) system. While it does
not appear that such a linkage will be needed in the near term, the
connection remains designated as part of the State's MSA roadway
system.
The property subject to the MnDOT roadway easement has been
off of the City's tax rolls for over 40 years.��While it would be
advantageous to return this property to the taxrolls, that
conversion would only be meaningful with the development of the
property to some "highest and best use". Unfortunately retail
facilities in the area have struggled over the years, and demand
for. additional commercial facilities has been light. Assuming an
appropriate development could be attracted to the area, Council
needs to make a decision whether or not this would be the best
course of action given possible future roadway needs in the area.
�
►
�
A decision to develop the area today may prove to
costly in the future should traffic volumes on Highway 110
to the point where the intersection is someday overwhelmed
short term, we can expect some' increase in Highway 110 traf
the opening of the new Mendota Bridge in late 1994. Addit
traffic volumes on Dodd Road may also see an incre�
continued industrial development in northern Eagan and res
development in southern Mendota Heights.
On the not too distant horizon, in 1996 the r
Legislature is expected to address the Dual Track Airport
process which may result in a decision to construct a r.
airport in southern Dakota County. In a draft environment<
document recently released by the Metropolitan Airports Con
ground transportation improvements to accommodate trips to
the new airport are described as extensive. We are <
looking into what impact, if any, a decision to build a r
airport would have on roadways which run through Mendota
ACTION REQIIIRED
As described above, there are certainly pros
associated with whatever course of action is chosen rega
MnDOT roadway easement. Council should discuss the meri
var.ious available options and provide direction to staff
how to best respond to MnDOT relative to the disposition
easement.
be very
In the
fic upon
ionally,
se with
idential
ota
�w maj or
1 review
nission,
and f rom
urrently
�w maj or
:ieiqhts .
.na cons
ding the
s of the
egarding
of their
i.
CITY OF 1KENDOTA HEIGHTS
1KEM0
T0: Mayor, City Council and City
December 2, 993
Adminis at
FROM: Kevin Batchelder, Administrative Assis ��
SUBJECT: Arndt Plat Trail
DISCIISSION
Mr. Tom Junnila, of 1024 Downing Street, has made a re
the City to change the alignment of the bicycle/pedestri<
that was approved as part of Arndt Addition. Mr. Junnila's
includes a petition from neighbors in the London/Downing �
two proposed alternative trails. (Please see attached peti
map of options) .
The Arndt Addition was approved June 2, 1992
site plan included a trail as shown in the attached
Feasibility Report. This trail is to be built by the
their cost, and is designed to serve both the Londc
Kirchner/Valley Lane neighborhoods.
Park Commission Meetincx
uest to
1 trail
request
rea and
ion and
and t �e f inal
copy rom the
devel per, at
�n/Do inq and
This request was forwarded to the Parks and Re
Commission on October 12, 1993 for consideration of trail
The Park Commission was concerned about the proposed rea
options because of handicapped accessibility. The Park Co
felt that they were not the proper forum to revise a dev
agreement or make changes to a preliminary plat that l
approved. They recommended that the Planning Commission
Council consider this change. (Please see attached Oct�
1993 Parks and Recreation Commission Minutes).
Planning Commission
Because the proposed realignment options had the ab
impact other property owners, notices were sent to the sur
neighborhood and an informal public hearing was held
Planning Commission on November 23, 1993. At this meet.
Junnila made his request to the Planning Commission and son
neighbors attended in support of this request. Option N�
the preferred route by those advocating a change.
reation
issues.
ignment
mission
loper's
�s been
�r City
�er 12,
ity to
at the
ng, Mr.
� of his
. 1 was
Also at this meeting, the property owner, Mr. Floyd Arndt,
submitted a letter requesting that the City not make any changes to
the approved plan for the Arndt Addition. (Please see attached
letter from Mr. Arndt). Residents from the Kirchner/Valley Lane
neighborhood appeared at the Planning Commission to support the
original approved trail that will serve their neighborhood.
The three members of the Planning Commission present that
evening, after hearing all the testimony,arrived at a consensus to
recommend that the City not alter the original proposal. They did
ask that staff research any requirements mandated by the American
Disa.bility ACt.
American Disability Act
An Attorney with the Lea
and she reported that there
American Disability Act that w
trail. The Federal Government
a standard for new trails in
maximum slopes as calculated
follows:
ACTION REQIIIRSD
gue of Minnesota Cities was contacted
is no specific language within the
ould require a maximum slope on this
uses a f ive percent slope maximum as
national parks. The approximate
on the three alignments are as
Approved Alignment - 7�
Option 1 - 9�
Opti.on 2 - 20�
Review Mr. Junnila's request and determine whether or not to
grant it.
KLB:kkb
,
CITY OF MENDOTA HEIGHTS
MEMO
November 19, 1993
T0: Planning Commission .
� �.
FROM: Kevin Batchelder, Administra�ive As `st
SUBJECT: Arndt Pia� Trail
DISGUSSIQN
Mr. Tom Junniia's home and, lot, 1024 Downing Street,
the Arndt Additian which includes a new �rail that will be �
to his rear ].at line, Mr. Junni2a has petitioned �he
consider realignment option (see attached pe�ition and
options). The Arndt Addition was approved June 2, 1992
£ina2 site plan a.ncluded a trail as shown in the attached
the Feasa.bility Report.
Mr. Junnila appeared before �the October 12, 1993 Pa:
Recreatior� Commission meeting ta discuss his prapasal {see a
Park minutes). The Parks Commissian felt �ha� any change�
apprcaved site plan or plat shauld be consa.dered at the P
Commission. Since the Parks Commission mee�ing, F1.oyd
owner, has submitted a letter stating his opposition
proposed realignment {see a�tached}.
jacent
ity ta
nap of
nd the
opy of
ks and
tached
to an
Arndt,
:o the
The Arndt P1at, as approved, will pravide the area with a
trail system that la.nks adjacent neighborhood� to Ivy Pa k. The
current alignment serves not only the LondonJDowning area b t also
�.he Kirchner/Vall,ey Lane area.
The Planning Commission needs to decide if they shauld
recommend a change based on Mr. Junnila's request, This i not a
�orm.�.l public hearing, however, mailed natice has been �en to the
surrounding property ownars as they may be affected by a ch nge in
the �rail alignment.
ACTION REQIIIRED
Conduct an infarmal public hearing to consider Mr.
request and make a recommendation to the City Council. on
not to grant the request.
�
la' s
r or
. . . f, U, �( `�� � � S �—�
�
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9
October 9,1993
To: City of Mendota Heights
Subject: Revised Pedestrian Trail/Arndt Development
Upon receipt/review of Mr. Jim Danielson's letter of October
7, 1993 I/we support....
OPTION 1 Current
Yellow Proposed �
Path Pink
Path
,
a
�
TO:
FROM:
SUBJECT:
James E. Daruelson, Public Works Director
Floyd G. Arndt %�`��
Arndt Plat Trail Alignment
The proposed alignment for a public roadway through my mother's propert;
London Road would be extended from north to south and intersect with Butli
Howard Dalilgren, the planning consultant, and Ed Kischel, the city engineer,
alignment recommendation back in the 1970's.
However, when my mother's property came up for preliminary plat approv�
many Qf the neighbors obje�ted to th� extension of I.ondon Road. This objectio�
present cul-de-sac design in respect to London Road. Additionally, we (Ar�
members) went along with London Road terminating in a cul-de-sac because the
agreed to a trail extending east from London Road to Kirschner Avenue.
circuinstances would we have agreed to the existing design with a trail from tl
Road cul-de-sac to Butler Avenue.
was that
Avenue.
iade this
in 1992,
led to the
dt family
naer no
London
It is our understanding that the property owner to the north of Lot 1, and also th property
owners living in Brompton Courts Addition object to such a trail along the w property
line of Lots 1, 2, and 3. This is consistent with our understanding that none of th property
owners in the Brompton Courts Addition, at the time of platting, wanted a trail extending
through their subdivision.
The purpose of tlus memo is to advise you that the Arndt family members will bt consent
to a trail extending west from the London Road cul-de-sac between Lots 2 and 3. We have
a number of parties that have indicated an interest in purchasing a lot in he Arndt
Addition, and they would no longer be interested should there be a pedway or tr ' running
through the subdivision.
In the event the plaaning commission or the council desires to make a change
date, you are then advised that the original alignment of London Road from no�
remains the landowners' preference. The Arndt property is capable of being :
thirteen single family residential lots with the north-south alignment. The cul-d
is not the best design for access and traf�c circulation.
this late
to south
tted into
ic layout
I
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' SCALE I"=100'
ARNDT ADDITION
FEASIBILITY REP�
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CITY OF MLND4TA HLIGHTS
DAROTA COIINTY, MINNESOTA
PARRS �i.I3'D RECR'F�TION GOI�SISSION MINIITES
dCTOBER 12, 1993
The regular mee�ing of the Mendota Heights Parks and Rec
Conm�.ssion was held on Tuesday, October 12, 2993� in the Gi
Large Conference Roam, 1101 Victoria+Curve. The meeting was
�o order at 6:40 0' clock P.M. T�.e follo�+ring membera were p;
Norton, Libra, Damberg, Linnell, Spicer and Ratz. Commi,
Rleinglass was excused. Also preaent were Admiaistrative As�
Revin Batchelder, Parks Proj ect MaY�ager Rullander aud Rec,
Programmer Shelli Morgan. Guesta included Mr. Tom Junnila;
Weiner.
APPROVAL OF MINIIT85
Commissioner
minutes.
Comm3.ssioner
AYES: 6
NAYS : 0
Hall
Mr.
Linnell moved to approve the September 14,� 1993
Li.bra seconded the motion.
ARNDT PLAT BIRE TRAIL
RSLOCATION REQUE52
Mr. Tom Junnila, of 1024 Downing Street, appeared befa�
Commiesion to requeat their consideration of a change �
location of the bike trail approved With the Arndt plat
Arndt plat is a thirte�n lot subdiviaion whose prelia
plat wae approved in 1992 and the bike trail as approve
along t�he north, east and southern boundaries af the p�
provide access to Ivy Park. Mr. Junnila stated hie conc
that the path is near his back patio and that he would i
from a loss of privacy. Mr. Junnila diatributed some haa
showing different tra.il options for the Arndt plat.
Mr. Junaila also stated that he had sign�atures from a n
of hie aeighbors and that� those signaturea were ev,bmitt�
a petition with hie proposed reloca.tion options. Mr, Ju
e�lained Uption No. 1 as being a shorGer bike path that �
bi.sect Lots 2 aad 3 on the Arndt plat and then go alon�
rear of Lot 3 a.nd enter Ivy Park parking lot, Mr. Ju
exglained that Option 2 is a straight shot betWeen Lots
and 12; 13 gaing from the end af the proposed cul-de-s�
Butler Avenue and then over to Ivy Park. Mr. Junnila a
that Option 1 is the ahortest route and that'Option
probably unacceptable to the developer as the developer:
that Option 2 impacts four of the best lotB in
aubdivision.
the
the
The
ruats
t to
u is
:c� as
inila
rould
� the
�ai.la
3, 4
�c to
:ated
2 is
`eels
the "
Parks and Recreation Commissi.on
October 12, 1993
Page 2
Mr. Junnila highlighted the differen� options accarding to the
following characteristic�: '
1. Impact on e�cisting homes
2. Cost to the community
3. Safety
4. Developers
5. �ther concerns
Mr. Junnila stated the residents who signed the petition favor
Option 1 as being the shortest, most direct a.ad safest route.
Mr. Junnila s�ated that Lois Makieaky, of 1044 Brc�mpton Place,
will be impacted with Option 1. Mr.. Junnila stated C3ty
$ngineer Danielson's report stated that any realignment of the
approved �rail for the Arndt plat would require some �ype of
hearing process.
Mr. Junnila submitted anather handout shawing Option 1 trail
�+rith the removal of the sidewalk along Butler Avenue but still
maintaining the connection between Valley Lane/Rircbner Avenue
and Butler Avenue, The Parks Cammiesion felt strongly that
the develaper provide the trailway along•Bu�ler Avenue because
an aff street trail gravides a safer level of aervice. The
Commission noted the developer had already agreed to provide
the trailwa.y along Butler and �he cannectian to Valle�
Lane,/Rirchner Avenue. '
Commissioner spicer stated he feels the ParkB and�Recreation
Commi.ssion could go along with Optioa 1. Coma�i.seioner Linnell
stated he feels it might not be desirable to do this.
Cammissioner Libra� stated from t�he atandpoint of the Parks and
Racreatian Commiseion the options for relocating the trail
seem to be acceptable. Libra stated, haWever, he is reluctant
to make auy recommendation without notice to the public and
an.y propertiea � that might be � impacted. He felt that the Parks
a.nd Recreation Commission Bhould oaly state that they seem to
agree these relocat�ioa schemea would be acceptable.
Comn�.saioner Li.bra felt any recommendatione for revi�ions to
a greliminary plat� ehould be done at the Planning Commiseion
or City Council.
Commi.ssioner Li.nnell stated he would object to Op�ion l
because the trail would be ateep in thi�s area and may not meet
the ma�um allowed five percent (5�) grade as required for
handicap accessi.bility under the current Americans with
Disabi.lities Act standards. Linnell stated that the developer
should be praviding a trail that is accesgible'to the whole
carnmunity. Camuii.ssioner Norton inquired about �he %urn for
• Option 1 and whether that was considerad a sharp turn.
Cou�ssioner Linnell replied it�is not a sharp turn. Mr.
Parks and Recreation
October 1.2, 1993
Page 3
Junnila stated Option 1 has anly one turn and it a
bicycle was �.o mi.ss it hejshe would end in someone's
Commi.ssioner Spicer stated Chat perha.pa th+� Parkg Cc
was not the proper farum for revising a developer's �
and that �his ma�ter should be referred to the
Conan3.ssion or to the City Cauncii for considerat3.on.
Conuni.ssioner Spicer moved t�hat the Parks Commi.ssian
state that either alignment is aceeptable
pedestrian/bike trail and that any approval for a
trail route should go to the Planning Commission or t
Council.
Commiasioner Libra seconded the motion.
Chair Ra�z inquired if a certain percentage of the
trail system has to be handicapped accessible. Parks
Manager Kullauder responded that the Citg's gaal shoul
make all of the trail system accessa.ble where ever po
Commissioner Linnell a�ated Ghat any trail should be �
standards tha� would be considered accessible. The Com
directed staff to look at the handicap accessible feat
these differeat trail options as �hey are cansi'dered
Planning Can�unission or City Council.
V'OTS ON MOTI4Ns
AYBSs 6
NAYSs 0
P,ARR 1�8S8RVATIQN P4L2CY
sian
on a
�r a
:vised
: City
�ity, S
oj eet
be ta
ible.
lt to
ssian
es of
y the
Recreation Programmer Morgan iatroduced the revised olicy
changes to the proposed park reservation po2icy�. organ
identified the revisions that had been made at the requ st of
the Parks Coman3.ssion meeting in September. Morgan dea ribed
those changes as:
1. Weekend field preparation to be negotia�ed baeed on a
case by case basis with a standard set of rate £or
service, {See Na and Ivg)
�
�
,
Include 5ibley Sting and Sibley Fast Pitch as
user groups. iSee IVg)
Reward policy to prevent reservation of ice rin�cs on
weekends and hcrlidays . tSee IVc� i
�
Parks and Recrea�ion Commissa.on
October 12, 1993
Page 4
4. Incorgorate a priori�y system for scheduling of City
fields. (See Exhibit C� •
5. Item IIIe reworded to "without appraval of Recreation
Programmer". .
The Parks Commi,ssi.on felt ti:at Stem Ib shou3d state that
churches, synagogues and other religious congregations in
Mendota Heighta or in adjacent communities whose membershig
cansist af Mendota Heigh�s residents ws.11 be considered
resident private groupa. Commiesioner Damberg inquired about
the notification of the PoZice Department for a1Z
reserva�ions. Morgan e�cplained the Police Department is made
aware of the reservations which are made in our garks.
Commissioner Spicer moved to recommend that City Council
approve the resolutian establishing rules and rental feea for
the use of City parks and property, as revised.
Cammissioner Norton seconded the motion.
A'YRS s 6
NAYS: 0
ICE RINR DISCUSS=ON
Recreation Pragrammer Morgan stated each City recreation
program is evaluated at the conclusion of the program and that
the infarmation pre$ented to the Parks Cammissian in the ice
rink report is iaformation based on�thia eva.luatian report.
Morgan stated attendaace was law at the Ivy Park ice rink and
ehe was not quite sure what thie was attributable ta. Morgan
stated that =vy has pleasure akating only and the poor soils
cantribute ta a shorter ice season. Morgan sta�ed it ie hard
to bring the ice back at Ivy Park when there have been a few
warm days.
Morgan gave a brief presentatian on the ice rink evaluation
for �he 1992/1993 winter. The Cammiasion inquired about their
earlier discuseion of switching or moving the warming house at
Ivy Park with the warming house at Wen�wor�h Park.
Administrative Aasis�a.nt Ba.tchelder stated that this item had
been discussed during the C=P a� the August meeting and that
it would be put an the CIP plan for conaideratian.
The Parka and Recrea�ion Comanission discusaed the use of the
Ivy Park warming hause. Morgan sGated that based on last
month's discussion of the warmi.ng house, she is proposing that
Svy Park warming house be opera�ed only on Saturdays, Sundays
•� and holidays. Margan atated tha.t this proposal was based on
the low use of the Ivy Park ice rink and.that it did not make
�(Q-� 1/�" t vi.. � C� G v✓l Yti l�j rj t Q`'\
Ma.y' 2 6 , 1992�
Page
Downing Street ta the cui-de-sac is 330 feet. Public
Works Director Dani.elson stated �hat a standard size
street will be constructed within the 55' right-o�-way.
Comm�.ssioner Tilsen stated the lots would benefit from a
sixty faot (60') right-o�-way. He stated the houses
would be 3 1/2' further back.
Chair Dwyer opened the meeting for public comments.
Mr. John Marker�; 101.7 London Road, complimented both the
Pla.nning Commission and the Arn.dt's for designing a more•
workable plan. He questioned what. happened to the
,Wetland issue. Chair Dwyer responded that �he City had
a xepresentative from the Dakota County SoiZ aud Water
Conaervation District make a site visit and they� have
made the determination� tha.t. this� area may be eli.minated
as a wetland designation. Chair Dw�rer read the letter
rom Dakota Soil and Water Conservation District. Mr.
Markert further commented that he likes the suggestion of
creating more open space betweeia. Lot 13 and the parking
lot. •
�+��ci�' ministrative Assistant Batchelder expiained if platted,
the land designated as park land wauld not necessarily be
completely used for a.parking lot. He stated that this
matter would be reviewed by the P.arks� and Recreation
Comm�.ssion for the appropriate park uses and greenery
will likelg be considered. _ �
�'Mr.:� Tom Junnila, 1024 Down.ing.Street, stated the new plan
�, is well done. He stated that the proposed walkway by his
house is acceptable as access to the park. He stated he
is not concerned about� the proximi.ty� af the walkway to
his property. . .
Mr. Mike Newman, lOQ6�Downing Avenue, thanked the City
for fixing the pothole in front of his house. Mr. Newman
guestioned the procedure of constructing the walkway in
conjunction, with public improvements. Public Works
Director Danielson explained the walkway would be
constructed when� the streets and utilities are
constructed. �
Mr. Newman further questioned if the issues of density,
grading an.d soil analysis have been researched.
Mrs. Ann 8lechinger, 605 West Butler, questioned if the
wooded area would be removed aince it is no longer
considered.a�wetlands. Mr. McGinley responded that fill
needs to be placed a.�d t�iat some waods will be removed.
r�ay z�, is9a
Page 12
uncertain as to whether or not the residents af �,��:_
London Road area would really notice an increase i�•�
traffa.c should London Road be extended,
• ;t
In response to a questian fram Commissianer Dreela.n, �.`:�_
Paul McGinley, representing the Arndt's, explained tha,�:;:
access to Lo� 9 will.. have thirtg feet (30' ) of frontage :;.:
on Rirchner following the proposed vacation of Rirchnex.,':``
In response to a question from Commissioner Dreelan, t+�, +Y�
McGinl.ey stated that he assumed the walkway would bQ�r
bituminous, Public Works Director Danielson in�ormed the.;;°
Commi.ssion that the walkway wau.ld be constructed �.� ;�
conjun.ction with the publ.ic improvements. ' ,.;,.�
;� �}�.
Commissioner Duggan questioned if there is sufiicient��
room within the cul-de-sac for fire truck turnaround::�'
Public Worke Director Danielson explained that the cul-���
de-sac would be constructed according to City standards,;;,
, •: i:.
Commission�r Duggau stated that he would like to see the r;
park dedication not only used for parking spacee but alsa �"
incorporate ' tennis courta . He fur•ther stated that �he:.
park dedication is not .quite. the required 10 percen�;�
donation of land. Mr. McGin.Ie� responded that the Arndtsx�
are giving up one parcel of land that they could�use �oYx.
sell ., �Ie stated that the land is much more va.l,uable to `;;
Che City than a cash donation. He �fur•ther stated that �:
:�,
there will be a walkwag easement wi�thin the development.•H�
,�s�
Commi.ssioner TiZsen expsesaed his . concern � for. parking �
ne.�ct to Lot 13 , He stated he woul.d like to see more �:
green apace in between the parking lot a.nd Lot 13. I�i�
response to a query, Administrative Assistant Batchelde'r;�F
stated the 100 '.lot width requirement may be measured at';;:
the 30'• yard setback, for cul-de-sac lots. Commissioner��
Tilsen inqui.red the same as to Lot 9 and furtY�er question �;
whether tiiere would be a drainage easement for every lot%
line. Mr. McGin3.ey stated that the easement linea are;A�
shown under the legend within�the map. `y�
� ���
Sn . response to a question from Commissioner T�.ls�:�
regarding right-of-way, Public Works Director Danielson,�
explained that sixty �eet {60' j right-of-wa.y is standa��
within the City but that fifty-five feet (55' ) of righ�'��
of-way has been accepted in other developments within ���
the City. He further stated that safety equipment have'`
not had a problem in these"developments with right-of-
designated at fifty-five feet (55' }.. Mr. McGin].
responded that this has been done in a number of cu1.-���
sac streets wi.thin the City and that the length from �_
C�.� ('�� v� G� t Page No . 3 316
`{
June 2, 1992
Ayes: 3
Nays: 1 Blasener
CASE N0.92-Q9, .ARNDT
SUBDIVISI4N/HEARING:
STREET VACATION
north of his property to a 6 foot wo
along the front property line facing
Counci2member Blesener stated �Ghat Di
is a through street in the neighborho
many people other than those living a
street would have opinions an the fen
felt that approval of a 5 foot tall w
on a through street, 1.4 feet from the
of-way, would set a very poar precede
Councilmember Cummins moved to appra�
variances to all.ow a five foot wood
than 3Q � open aZong that partion of
where a height variance is required
six feet ta11 where no height varian
required on the canditians that plan
i.nstalled aIl around the outside of
to obscure the fence from the street
staff withho2d the requ�.red permit u
appZicant submits signed statements
approval from the neighbors who sign
original approvals dated May 4th, in
the neighbors immediately to the nor
across from the Brengman property.
Councilmember Koch seconded the moti
Councilmember Blesener stated that by
approving the variances Council is se
precedent that could crop up all over
city. She stated that she can find n
hardship - a back yard of 77 feet wid
(useable area) would be av.ailable if
were kept at the setback.
Administrator Lawell reminded Mr.
that the proposed pool house will
conditional use permit approval.
Mayor Mertensotto opened the meeting
purpose of a public hearing on �he p.
vacation of all street rights-af-way
the Mechanics Additian. Mr. Paul Mc�
representing Mr. & Mrs. Floyd Arndt,
present to request approval of the v
and the preliminary plat ior the pro;
Arndt subdivision.
fence
e Raad
and
ass the
. She
d fence
ight-
ce le�s
e yard
.
up to
is
g� be
�ence
d tha� ,
1 the
the
and
a
fence
�r the
�osed
thin
ed
Mayor Mertensotto informed Counci2. and the
audience that the praperty owner, Mrs. Eleanor
Arndt, is a cZient af his and that he ill not
Page No. 3317
June 2, 1992
represent Mrs. Arndt in the discussion or vote
on the matter.
Mr. McGinley reviewed the originaZ proposal
for the subdivision, which envisioned the
extension of London Road through the property.
He informed Council that �here was
neighborhood discontent about the con�inuation
of London Road at the orig�nal Planning
Commissian hearing. At the cantinued hearinq,
four other plans were considered. Option A
me� with approval from those attending the
hearing and a11 of the contingencies required
by the Planning Cammission. The proposed plan
maintains 13 lots proposed in the original
plan and includes a 13,20Q square faot gark
dedication in the southwest corner of the
subdivision. The plan�shows a walkway on the
narth side af l.ots 6 and 7, as requested bg ,
the Planning Commission, and a walkway down
the center of vacated Kirchner. He stated
that the Planning Commission a].so recammended
a walkway alang Butler to the park. With
respect to wetlands, Mr. McGinley sta�ed that
a porti.an of the property was designated as
wetl.ands on the city's wetlands inventory map
years ago because it was a water caurse
colleating water from the east and northeast.
Those areas are now served by storm sewer. He
informed Council that the Conservatian
Dis�riat has laoked at the property and has �
determined that it is no longer a wetlands and
shou.Id be removed fram the inventory. Council
acknowledged a letter from Mr. Steve.Kernik,
Urban Canservatianist from the Soil and Water
Conservation District confirming that the land
would not be classified by the District as a
wetZand area.
Mayor Mertenso�to asked for questions and
comments from the audience.
Mr. Harold Blechinger, 605 West Butler,
e�ressed coneern over the wa2kway praposed to
be aonstructed in the vacated right-of-way.
Ha stated that he understood that it would be
blacktopped and maintai,ned by the city. He
stated that he has been ma�.ntaining the land
far years but does not wish to pay increased
taxes for the vacated area that would accrue
to his praperty.
Mayor Mertensotto responded that the quastion
is where the walkway is loaated and stated
Page Na. 3318
June 2, 1992
that perhaps it will not be neces�ary to
vacate the right-of-way adjacent �o t e
Blechinger property.
Mr. Jahn Markert, representing his so , Jeff
Markert, stated that he is interested in where
the utiiity easement will be reserved if
Kirchner is vacated.
Public Works Director Danielson respo ded that
the city will maintain the entire rig t-of-way
as a utility easement.
Mr. Markert stated that ii 30 feet of�right-
of-way accrue to his son's property a d the
Blech�nger property they will be rec
additianal land but wi11 not be able
because af the utility easement. He
that if this is the case, he would c
son no� to pay taxes on the vacated
asked who will maintain the walkway,
informed that the city will plow the
Councilmember Blesener stated that pe
Kirchner right-of-way �hauld not be v
Mr. Markert respanded tha� he is not
to oppose the subdivision but that he
reserve the right for his son and Mr.
Blechinger ta refuse to acquire title
vacated right-af-way.
Councilmember Blesener asked if the t
continue from the end of London Road
north edge of the new property above
along Kirchner to Butler and above th
along Butler all the way to the park.
stated that she would like to see the
assessed against the plat as part of
dedication. She painted out that the
very little street construction propa
serve the 13 lots.
Mayar Mertensotto stated that he did
there would be any objection to Counc
Blesener's suggesti.on and further sta
there should be a berm along Outlot A
land owners can rel.y on that screenin
Mrs. Blechinger stated that the trail
but asked if the city can provide tha
wi31 not be assessed. Councilmember
responded that the Blechingers will n
o u�e i�
tated
nsel his,
ea. xe
nd was
alk.
ps the
ted.
es
the
il will
ong the
e curb
curb
She
rail
e park
is
d to
t think
member
d that
o that
s fine
she
esener
be
Ayes: 3
Nays: 0
Abs�ain:
Ayes: 3
Nays: 0
Abstain;
Ayes: 3
Nays: 0
Abstain:
1 Mertensotto
1 Mertensotto
1 Mertenso�to
Page No. 3329
June 2, 1992
assessed for any impravements to �erve the
Arndt p1at.
Mr. Jeff Markert stated that he is cancerned
abaut the vacation adjacent to hi� property
and asked who will maintain the trail.
Mayar Mertensotta responded that the city will
plow the trail and that if land is vacated,
Iaw determines whose praperty the vacatian
area wi11 accrue to. If the original right-
of-way was taken from the Markert praper�y it
wi11 be deeded to Mr. Markert, bu� he could
not build any permanent structures on the area
because a permanent easement will be retained
by the city but that it could be used for a
garden. He informed Mr. Markert that property
tax on the vacated area should not be very
costly. .
There being no further questions or comments,
Councilmember Blesener moved that the street
vacation hearing be closed.
Cauncilmamber Cummins secondad the mat�ion.
Counci].member Blesener moved to approve the
preliminary plat for the Arndt subdivision
(Option A) dated May 18, 2992, with the
condition �hat con�tructian of walkways a2ong,
Kirchner and Butler Avenues be assessed
against the plat, along with a finding af fact
that the wetlands designation is to be removed
from the site and direction to staff to amend
the Wetlands Ordinance accordingly and to
authori�e the Mayor ta sign a quit cZaim deed
to transfer title �o the city-held tax forfeit
parcel to the applicant.
Councilmember Koch seaonded the motion.
Cauncilmember Cummins moved adoption of
Resolution No. 92-31, "RESOLUTION APPROVING
VACATION OF STREETS," with the condition that
the city retain a permanent utility easement
over the vacated Kirchner Avenue right-of-way.
Cauncil.member Blesener seconded the motion.
STREET REHABILITATION Caunci2 acknowledged receipt o� a memo and
�
♦l.il�,l
Navember I.2, 1993
�1� o�
,��iendota H+�i hts
re; Arndt Addi�ion - PIatJSubdivision
Proposed Revision in Location of
Pedes�rian Way
Dear Resident:
cycle/
This le�ter• is being sent �o noti�y you tha� the lanning
Commissa.on, at their November 23, 1993 meeting, will con ider a
request by Mr. Tom Junnila, of 1024 Downing Street, to rea ign the
bicycle/pedestrian trail in the soon t�o be devel.ope Arndt
Addi�.ion.
This request will be cansidered at the Planning Commissian
November 23, 1993 at 7:30 o'clock p.m., City Couacil Chamb
Victoria Curve.
I have enclosed two ma.ps, one which shows the trail alig
approved by the City Council during the subdiviaion proce
June 2, 1992. The ather map shows two al.ternative apti+
have been praposed by Mr. Junnila.
Either alternative option would represent a change in �he
site.plan for the Arndt Addition, �herefore we are na�i:
neighbors that this matter will be considered by the
Gommissian. Only changes to the trail al.ignment wi1.1 be a
at this time.
Should you have any questians, or concern�, please
452-2850.
Sincerely,
���� t��������
Kevin Batchelder
Adminis�rative Assistan�
G{riYy /
, 1101
ent as
on
s that
proved
ng the
anning
idered
me at
___ _ __ _
1101 Vietaria Curve • �Viendota Heights, ,1V�I�T •�5118 4 2� 185U
� )`
c� o� �x�oTa �aG�€�s
-�.,, �� ,.
December �, 1993
TO: Mayor, City Council and City Admini t
FROM:
..
James E. Danie o
Public Worlcs D
Stop Sign Requests
DISCU5SION:
The City has recently received three stop sign requests (see attached map
1. Dorset and Staples - 4 way stop
2. Vandall Street and 3rd Avenue - 2 way stop
3. Butler Avenue and View Lane - 3 way stop
locations):
'' The Police Department has reviewed all three requests and their comments a�re attached.
RECOMMENDATION•
Tlie Police Department recommends that a four way stop be established t Dorset and
Staples; that Vandall Street be stopped at 3rd Avenue; and that View Lane be sto ped at Butler
Avenue.
ACTION REQUIRED:
If Council desires to implement the recommendation, they should pass a
ORDINANCE NO. , AN ORDINANCE AMENDING ORDINANCE NO.
��;
adopting
CI'I'I' OF IVdEIVDOTA H�IGHTS
DA�OTA COUN'�Y, 11�IINN��SOTA
ORI)INANCE 1�T0.
AN ORDINANCE A11�dENDING ORDINANCE NO. 1113
The City Council of the City of 1Vlendota FIeights, Minnesota, ordains as followse
SECTION 1. Ordinance 1Vo. 1113, ltnow and referred to as "An Ordinance Lstablishing Stop
and Yield Intersections �Vithin The City of Mendota Heights" is hereby amended in the following
respects:
� The following streets are hereby added to Section 1 of said Ordinance, "THROUGH
STREETS AND �IELD Il�T'I'P.RSECTIONS",
THROUGH STREETS
3rd Avenue
Butler Avenue
ALL-WAY STOP INTERSECTIONS
Staples Avenue Dorset Road
STOP STREETS
Vandall Street
View Lane
SECTION 2. This Ordinance shall be in full force and effect from ancl after its publication
accordi.ng to law.
Adopted and ordained into an Ordinance this 7th day of December, 1993.
CTTY OF MENDOTA HIIGHTS
F
By:
Charles E. Mertensotto, Mayor
ATTFST:
Kathleen M. Swanson, City Clerk
r �
Mendota Heights Police Department
MEMORANDUM
November 23, 1993
TO: Chief Delmont
From: Sgt. Anderson
Ref: Request for traffic control signs
1. A letter was received by Mendota. Heights Public Works Director Danielson (s�
attached) requesting a 4way stop sign be installed at the Dorset Road and Staples
intersection. Due to neighborhood considerations, this request is very appropriate
should be approved. However, this particular northeast residential area of Mendo��
Heights also has eight other uncontrolled intersections, and perhaps consideration
be given to have these intersections controlled, as well.
2. The city also received a letter from Diane Wood, 6913rd Avenue, M.H. (see a ched)
concerning requests for stop signs or yield signs to be installed at the Vandal Street and 3rd
Avenue intersection. Again, due to neighborhood considerations, the request for si ns at
this intersection is very appropriate, and should be approved. I would request stop signs
be erected at north and southbound Vandal Street at 3rd Avenue.
Mrs. Wood included in her letter the desire for left turn arrows to be added to the
semaphore at north and southbound Dodd Road traffic at Hwy. 110. As this partic a
intersection is under State jurisdiction, I would recommend the matter be forwarde to
MNDOT for their review.
Mendota Heights Police Department
MEMORANDUM
December 3, 1993
TO: Jim Danielson
Public Works Director
FROM: Dennis Delmont .1�C� V
�.
Subject: Traffic Control, View Lane at Buder
I have reviewed Mr. Skemp's request for signage at the intersection of View Lane and Buder
Avenue. It appears from the tone of Mr. Skemp's letter that he would like to see both streets
stop at that intersection. Buder Avenue appears to be designed to flow freely from Ivy Hill Drive
to Chippewa, a short stretch. I understand Mr. Skemp's concerns, but at most I would
recommend a stop sign on View Lane at Buder. This is a modified T intersecdon and it is logical
to cause vehicles to stop at that intersection if they are not stopping on their own.
As far as signage on Butler between ivy Hill Drive and Chippewa Avenue, I do not see how it is
going to help Mr. Skemp's problem. In all of the research we have done and the literature we have
reviewed, the stop sign is going to cause more problems than it solves. Many streets within the
city of Mendota Heights are similarly designed and are subject to the same type of driving behavior
as Buder Avenue. It would be impractical, if not impossible, to put stop signs at each intersection
within the city. Particularly, since the� is a compelling argument that stop signs do nothing more
than cause traffic congestion, noise and air pollution, traffic violations, and marginally more
danger than existed before they were installed, if they are placed without compelling warrants.
Based upon our observation of the intersection, the police department would recommend that a
stop sign be placed on View Avenue, stopping traffic at Buder; however, would not recommend
for a 3-way or all way stop at that intersection.
r
� j
October 12, 1993
City of Mendota Heights
Public Works Director
1101 Victoria Curve
Mendota Heights, NIIJ 55118
Dear Sir:
Since the City installed a four way stop at Dorset Road and
there has been a large increase in the traffic using Staples
and the speed has increased to the point where it endange
residents and children waiting for the school bus.
Mears,
Avenue
rs the
We would like to request that the City install a similar f�ur way
stop at the Dorset and Staples intersection.
Thank you for your consideration.
Sincerely,
Bobbie Delmont
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P:r. Jim D�nielson
Public Works Director
lIOI Victaria Curve
Mendota Heights, MN 55118
August 24, 1993
Dear Mr. Danielson,
I am Vrriting to request you cansider put�ing stop sign
at the intersection o� Butler Avenne and �iew Lane. As r
latively new residents to the ne�ighbarhoad and as parent
of two young boys, we have become very cbnscious of the
danger of �his intersection and hope you can do samethin
to improve the safety of all the kids and adults who use
these �treets.
Le� me descriAe the situatian: Butier Avenue is a cammonl
used route to Ivy Hills Park. During the summer months,
traffic ta the park increases because of the baseball gam s
played there and increased use of the other facilities.
In the evenings, traffic �a the park faces directly into he
setting sun. Both Butler and View are on an incline and d
not intersect at a right angle. As a result, drivers riee
to be especially alert so as �a nat accelera�e down the h'lI
and young bike ri�ers speed up and take wide turns to malc
it around �he corner. There is a gaod chance for a head- n
collision despite the efforts of parents to make our kids
conscious of the danger.
T�ank you for takirig the time to consider�my reque.st. I k ow
the parents in the neighborhood wi,ll feei safer if yau ar�
able to follow thraugh.
1 ncerely
,
Charlie Skemp
i060 View �a�e
Me.ndota, Heights, MN �551.18
45'7--5239
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Decembel 3
T4: Mayar, City Cauncil and City A.dmuus
'�FROM: Klayton H. Eckles, P. E. ��� ✓'
Asst. City Engineer
SITB37�.CT: Feasibility R:epart for Friendly ]E[ills 2 st Addition
� Job No. 9221A
Improvement No. 92, Project No. 6A
�
DTSCUSSIUN•
�
At it's November ibth meeting ihe Council d.ire�ted staff to prepaze a feasib' 'ty report
for recanstruction of the streets in just the Friendly Hills 1st Addition. This report ill look at
tha design and cost for reconstnzctuig �he Ist Addition sbreets, inst�aling starm sewer, financing
the project, and then will provide recommendations.
Streets
The streets in the 1 st Addition include Aztec, Creek, Fox and Hokah. 7
pmperties abutting these streets in the project area. The streets are 24
Reconstructing the lst additi.an streets ta the standard 33 foot wide urt�an street sho
than many of those in the 2nd and 3rd additions because most of the homes sit w�
streets. The estimated cost to reconstruct the streets is $241,300.
Storm Sewer
Storm sewer will be installed ta serve the entire neighborhaod. It wil1 u
perforated pipe to help lower the groundwater in the area.. The extra cost of the pei
is estimated to be $5,841?. It is assumed that plastic pipe will be used throughout
Also some 6" darain pipe will be included to allow for hookups to sump pun
impmvements are also propased to alleviate the dr�inage problems between the fire
bank pazking lot. The cost of the storm impmvements, including $6,300 for the fi
drainage repairs is estimated at $1(?6,400.
The total project costs are summarized below:
Item
Street Reconstruction
Basic Storm Sewer
F.�ctra for Perforated Pipe
8ank/Fire Hall Drainage
Cost
TOTAL $347,3(}O.pO
re are 59
ears old.
. be easier
abave the
ude some
rated pipe
,e project.
s: Some
�ll and the
halUbank
�
l�nancnn�
I propose we fund this project three sources: assessments, infrastructure reserve, and a
small storm water utility contribution. According to the Street Reconstruction Policy, the
residents should pay for the curb and gutter and the equivalent overlay portion of the project.
Also, the residents should pay for 100 � of the storm sewer. Since the storm unprovements near
the bank and the fire hall will not henefit the neighborhood as much, I recommend that the
$6,300 cost be paid for by the storm water utility. The only remauung costs are the
extraordinary costs for converting from country streets to standard city streets, which amounts
to approxunately 50 °lo of the street costs. 'The infrastsucture reserve should cover these costs.
The proposed financing of this project is summarized as follows:
Street Assessment
Storm 5ewer Assessment
Infrastructure Reserve
Storm Water utility
TOTAL
$120,300.00
99,700.00
121,000.00
6,300.00
$347, 300.00
�'here are 59 properties in the project area. Therefore the assessment for streets would
be $2,040 and the assessment for storm sewer would be $1,690. The total assessment per lot
would be approximately $3,730, which is very close to the assessment proposed in the original
feasibility report.
Given the estimated assessment ancl the relative ease in which this project could be
constructed, this project is feasible. Assuming the hearing process is completed by mid-
February. This project could be completed in 1994.
RECOMI��NDATION•
I recommend Council review this report and order a public hearing for January 18, 1994
at 7:45 p.m.
ACTION REQUIRED•
If Council concurs with the recommendation they should pass a motio��-adopting
Resolution No. 93 =, RESOLUTION ACCEPTING ENGINEER'S REPORT AND
CALLING FOR HEARING ON PROPOSED STREET RECONSTRUCTION AND
REHABILITATION IlVIPROVIIV�NTS TO SERVE FRIENDLY HILLS 1ST ADDITION
(IlVIPROVEIV�TT NO. 92, PROJECT NO. 6A).
i � i - �_�:
=r
Cl� O� ��E1S10� �e1�1tS
Dako� County9 Minnesota
RESO�UTION 1�T0. 93-
�tESOLUTIOIV ACCEPTING ENGINEEFR'S REPORT
AND CALLING �'OR HEARING ON PROPOSED STREET RECON�
AND REHABILITATION IlVIPRO�NTS TO SERVE
FRIENDLY HIIY,.I.S 1ST ADDITION
(IlVIPROVIIVIENT NO. 9B, PROJECT NO. 6A)
WHEREAS, the City Engineer has submitted his report to the City Council
respect to the proposed construction of the following improvements to serve Friendi
Rearrangement and adjacent areas, to-wit:
Hills
,
The construction of street improvements consisting of the acquisition of ease ents and
the grading, stabilization, drainage and bituminous surfacing, the constiuction of
concrete curbs and gutters and construction of storm sewer, on the streets to e
situated in the area hereinafter more particularly described.
WHEREAS, the area proposed to be assessed for said improvements is
within the City of Mendota Heights in Dakota County, Minnesota, and is more
described as follows:
Those parcels abutting Creek Avenue, Fox Place, Hokah Avenue and
Lane.
� WHEREAS, in said report said City Engineer reported that the proposed
improvements and construction thereof were feasible and desirable and further report on
the proposed costs of said improvements.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of he City
of Mendota Heights, Minnesota as follows:
1. That the report of said City Engineer be and is hereby received.
2. That a public hearing on said improvements be held on Tuesday,
January 18, 1994 at 7:45 o'clock P.1VI. at the 1Vlendota Heights City
1101 Victoria Curve in the City of Mendota Heights.
3. That the City Clerk, with the aid and assistance of the City Attorney, and is
hereby authorized and directed to prepare a notice of said hearing and t cause
said notice to be published and mailed to the owners of the properiy si ated
within said area, all in accordance with applicable Minnesota. Statutes.
Adopted by the City Council of the City of 1Vlendota Heights this 7th day of December,
1993.
ATTEST:
Kathleen M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HIIGHTS
�y
Charles L. Mertensotto, Mayor
�
r• . , y
�. '�
�'
CITY OF MENDOTA HEIGHTS
NlEMO
December 2, 1993
T0: Mayor and City Council
FROM: Tom Lawell, City Administ
SUBJECT: Minnesota Public Lobby Funding Request
INTRODIICTION
As you may recall, the Minnesota Public Lobby (MPL)
cooperated with the South Metro Airport Action Council (
filing a lawsuit against the Metropolitan Airports Commiss
charging them with violating I�iinnesota Pollution Control
relative to aircraft noise. The attached letter was
received from MPL requesting a financial contribution fro
to help support ongoing legal costs associated with the
DISCIISSION
As described in the attached letter, MPL and SMAAC
won a Minnesota Court of Appeals ruling which found that
law does not preempt application of state noise standara
Metropolitan Airports Commission and the Minneapolis-
Airport". This ruling opens the door to greater regu
aircraft noise at MSP which to this point has primarily
of a series of voluntary agreements made with the various
using the airport.
As expected, the MAC has filed an appeal of this dec�
the Minnesota Supreme Court. The law firm of Siege:
Gruepner and Duffy represents MPL and SMAAC in this matte
date, has accumulated legal bills in excess of $100,000
the Supreme Court accept the case for review, the cosl
still higher. MPL believea an affirmation of the Appe
ruling by the Supreme Court will potentially benefit th
Mendota Heights, hence their request for financial supp
amount of the request is $10,000.
recently
�MAAC) in
Lon (MAC)
;tandards
recently
the City
awsuit.
recently
"Federal
s to the
3t. Paul
ation of
�onsisted
airlines
;ion with
, Brill,
-, and to
Should
will go
ls Court
City of
rt. The
BUDGET IMPLICATIONS
The City annually budgets a sum of $10,000 to assist in our
efforts to combat the air noise problem. Thus far in 1993 we have
expended $3,264.90, leaving a balance of $6,735.10. The proposed
budget for 1994 also includes an allocation of $10,000e
ACTION REQIIIRED
Council should discuss the funding request by 1�lPL to support
their lawsuit against the MAC, and decide whether or not to grant
all� or a portion of their request. Should Council choose to grant
the full request, I would recommend payment in two phases, $5,000
in 1993 and another $5,000 in 1994.
MPL• Minnesata Puhlic Labby
W�rrking to protect and enhance
Minnesora's i�rfwn envirrmmen[
AJmiaistration:
2918 Wesc 39ch Screec
Minncapolis, MN 554I0
6l2/922-2852
G�nvass & Program
2221 University Ave. S.E. xl 17
Minneapolis, MN 55414
612�378-0285
Fax 612/378-0481
November 22, 1993
Officers: Board of Directors
Norman L. Newhall, President"•Ma Or Chuck Mertensotto
Marc Anderson, Vice President" y
Fran Davis, Vice Presidenr* . arid COL1riC1.1
Katherine Chriscianson, City Hall -
SecretaryjTreasurer* 1Y�2 ji1Ct:OZ'1.d '��'.UrVE
Members:BoardofDirectors Mendota Heights, MN 55118
Dave Anderson
Bob Andrews, Jr.•
Stephen Benson
William Boudreau
Susan Bunnell
Bruce Candlin
]onathan Cohen,Ph.D.
Fran Davis
Barbara Diamond
'ceorge Doecr', )r.
Rev. Doug Fontaine
Martin Freeman, M.D.
Robert'Gauthier, M.D.
Kathryn Glessing
Joyce Hansen
Thomas Helgeson
Grera Hesse
Virginia Humphrey
Daniel B. Johnson
Ruth Jones*
Keith Kajander
Peggy Kaplan
James L. Kriesel
Sue Larson ' ,
Laurie Lundy
james Maaineau
Walter May,Jr.
Patrice Morrow, Ph.D.
William Mullin - -
George Murriane
Ros NeLson
John Richter
David Sattinger, t'h.D.
James Serrin, Ph.D.
Linda Stinson '
Dear Mayor and Council persons:
As you know, the Court of Appeals recently
reversed the district court�and held that MPCA n�
regulations, cio : apply to the airport....: This is a
treniendous�� vi,ctcjry for the citi.zens���of Mendota..H�
and',�all y,iho..' Yiave�"been bu�'dened � for so: long � by;.th�
repetitive. e�tcessive`'airpo'rt''noise:.` .`At long..'lasl
working .througli ti�e MPCA',., Mendota.,�ieights .can ac1
exe�t: pressure "on tYie: MAC to take' appropriate st�
� The MP,C, as expected, has 'petitioned the Mi�
Supreme Court to review this decision. Because <
importance and uniqueness of the case, the SupreY
Court may well decide to allow a full appeal. I�
case we are facing substantial additional expensE
.before the benefits can actually be enjoyed. Th�
brings me to the point of this letter..,
Ijt�i:or..r�eys � te�s i:a � date oii tnis :natter ar�
$100,000, a large part of which remains unpaid.
Substantial payments by the members of MPL and
have been made over the�past two years, but the
beginning to run dry.' We need substantial help
our ongoing fees.
MichaelStrciti'� Ol1Y' attorneys, who repr.esent us so capably,
cia�uetana �made •signi:fic;ant concessions on fees, but they c�
Gary Wagner' :'
������ continue:their.work..without regular.substantial
•� pay�nents: :.TYiey 'haYe�� every r�.glit.,to.: ta}ce; this. po;
��� . � �but:�'it �wou•1'd..'be .a, t�ragedy if' this.�case._sh�oulcl r}ou
Tt1O����O°d"'�" against �us. by:;:def�ul:t �or :want�-of �'funds. to �cbntif
sti�. . . fight:. , We �ask �that�;Nlendota Heights;,:`fro�n�.it� ger
c�,,vv��,��„�;,,ea��a•furids,, �appropriate $10, OOQ to � hElp �MPL arid� �SNlAAC
���nea,���,, � conclude this inatter successfully. As' you will
secretacynrreas„rer � � � . .
Tecri Partin, Canvass Direccor• , , •
Panick Crowdec� Office Manager , , •
Qmcribuciau ro Mirvusou I'azic LoverS
a 50I (ex31 sivaappnintan aee ax-
deducti6k.
fnnesota
�152
ights
i.
ually
ps. �
nesota
f the
e
any .
t
Ver'
AAC
ell is
c� pay
ition,
'go:..
�ze the
/
\
remember you passed a resolution of support for the
lawsuit about a year ago. We now ask you to back us up
with dollars lest the whole effort be lost.
Suppose there were some mechanical device which
could be installed to insulate Mendota Heights from
airport noise. Surely the City would, long ago, have
appropriated whatever money was needed to install such
a device - far in excess of $10,000 if necessary. The
successful continuation of this lawsuit is just such a
"device" ultimately to protect against continuation of
the ear-splitting noise of jet aircraft, and
incidentally increase values and tax revenues.
As you know, the City of Minneaplis has filed an
amiaus brief on our pehalf, and we are asking the City,
and also Hennepin County, for ongoing financial help..
Although this is not yet committed, we hope it soon
will be. Please consider our request at an early
meeting. If you have questions or would want me to
attend the meeting just call me: 371-3211 [office];
374-5407 [home].
We need and would certainly appreciate your help.
Sincerel ,
//^^ � � � ��
!/'' �_
Norman L. Newhall
President of Minnesota
Public Lobby
cc: Dave Sattinger, SMAAC
CITY OF MENDOTA HEIGHTS
'M����(i7
December 2, 1993
T0: Mayor and City Council
FROM: Tom Lawell, City Administr
SUBJECT: 1994 CDBG Grant Application
INTRODIICTION
Each year the City of Mendota Heights receives a sr
Dakota County's Community Development Block Grant (CDBG) Fun
December 17, 1993 the City's application for 1994 funding �
returned to the Dakota County Housing and Redevelopment Au
(HR.A). It is the intent of this memo to present a dra�
Funding Application for Council consideration.
DISCIISSION
Attached to this memo please find correspondence f
Dakota County HRA regarding this year's CDBG Application. �
it is not yet known what the 1994 CDBG allocation for Dakot�
will be, it is currently estima.ted to be approximately the
last year. Should this hold true, the City's anti
a1loCation will be approximately $50,000.
For the past two consecutive years, the City of
Heights has allocated its annual CDBG allotment towa:
acquisition of a senior houaing site within the communi�
discussed at our City Council workshop held November 15
provision of affordable senior housing has long been ident�
a goal of the City. The Planning Commission is cL
undertaking a site review process to identify two o�
desirable sites for such a facility within the City. 0
sites have been presented to the City Council, the HRA woL
be asked to evaluate their suitability for such a facil
property acquisition negotiations would then begin. Barz
unforeseen setbacks, the senior housing facility cc
constructed as soon as 1995.
t
re of
3. By
�.st be
�ority
CDBG
�m the
though
County
ame as
ipated
ds the
y. As
:h, the
Eied as
rrently
three
ice the
Ld then
.ty and
Lng any
ild be
r
As�uming it is the Ci�y's de�ire ta work �.owards the
cons�ruction of such a facility, �he atta�hed draft GDBG Funding
Applica�ian has been prepared in a manner nearly iden�.ical to the
pas�. two years . Because the ac�ual site locatian is no� ye� known,
the application is necessaril�r general. As a total site
acquisi�ian budget, a figure af $200,000 has been identified.
Costs associated wiGh cons�ructing the forty unit senior housing
facility wi1.l be the respansibility of the Dakata County �3[RA.
If approved, the City's appl.zcation will be subm3tted far
consideration �o Ghe CDBG District 2 Review Commi�tee. This
Cammittee is comprised of City representatzves from those Ci�ies
within the District, and Councilmember Koch is our appointed
representative on the Committee.
The proviaion of affordable senior housing has long been
identified as the goal of �he City, and as�such, T recammend that
the attached application and approving Re�olution be adopted for
submzttal to the HRA.
ACTION REQII2RED
Should Council concur with the recammendation, a motion should
be made to adap�. Resolution No. 93- A RPSOLUTI4N APPROVING '1'�iE
APPLTCATiON OF THE CITY OF MENDOTA HEIGHTS FOR F25CAL YEAR 1994
DAK�TA COUNTY C4N�2TJ1.V'ITY DEVELOPMENT BLOCK GRAN'T' FUNDING.
MTL:kkb
t •
CITY OF MENDOTA HEIGHTS
DAROTA COIINTY, MINN�SSOTA
RESOLIITION NO. 93-
A RESOLIITION a�iPPROVING TH� APPLICATION OF TS}3 CITY OF
HI�IGHTS FOR FISCAL YEAR 1994 DAROTA COIINTY CON�lIINITY DF
BLOCR GR�iI�T'P FDNDING
BS IT RSSOLVED by the City Council of the City of
Heights as follows:
1. The City Administrator is authorized to sub it the
attached application to Dakota County for a Co unity
Development Block Grant in fiscal year 1994.
2. The application is approved by the City Council nd the
Mayor and City Clerk are authorized to execut it on
behalf of the City of Mendota Heights.
3. The Dakota County HRA is designated as the adminis�rative
entity to carry out the program on behalf of the City.
Adop�ed by the City Council of the City of Mendota Heights
day of December, 1993.
ATTEST:
Kathleen M. Swanson
City Clerk
By
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
7th
CITY OF MENDOTA HEIGHTS
MEMO
December 2, 1993
T0: Ma.yor, City Council and City Administrator
FROM: Kevin Batchelder, Administrative Assist ��
SUBJECT: Dakota County HR.A - Senior Housing Tour of Local Facility
DISCIISSION
As Council is aware, the Dakota County HR.A has approached the
City to begin a site search and acquisition procesa for a forty
unit senior complex in Mendota Heights. Ms. Kari Gill, Deputy
Director, has met with the City Planner and, in October, the
Planning Commission began the site review process.
Clearly, there are many questions to be answered regarding
senior housing in general, site acquisition, building size,
appearance and use, etc. Many of these questions can be answered
by a site visit and the Dakota County HRA has offered to host a
tour for the Planning Commission and City Council.
Ms. Kari Gill is scheduled for the January 25th Planning
Commission meeting and the Commission has suggested that the tour
be scheduled prior to this meetinge The City Council should
provide a couple of tentative dates and times so that the Planning
Commission can coordinate this tour at their December 28th meeting.
ACTION RE4IIIRED
Suggest two or three possible meeting times to arrange a tour
of the Dakota County HRA senior housing center in Eagan.
Note: The second Tuesday evening of the month does not
work for the Dakota County HR.A as they have their
Commission meeting that evening.
RLB:kkb
�
� ' KOTA COUNTY
,i/
� Housing �S; Redcvel<�pment Authority G12-423•4800
249G-145rh St. \V. • R��scmuunr, �1N i50G8 • T.l).D. 61 423-S182 • FAX C12-423-8180
M E M O R A N D II M
TO: James Willis, Administrator, City of Inver Grove l
Thomas Lawell, Administrator, City of Mendota He:
Branna Lindell, Executive Director, South St. Pai
William Craig, City Manager, City of West St. Pai
Harvey Bream, Mayor, City of Lilydale
Jim Toye, Mayor, City of Mendota
Glena Spiotta, Administrator, City of Sunfish La]
FROM:
DATE:
SUBJECT:
Lee Smith, Dakota County HRA
September 22, 1993
eights
ghts
1 HRA
1
Community Development Block Grant Applications forlFiscal
Year 1994
Enclosed is the application form for Dakota County's Fisca Year
1994 Community Development Block Grant (CDBG) Program and a orm of
resolution for adoption of a CDBG application by the City Co ncil:
We are requesting that applications for the 1994 CDBG Prog am be
submitted to this office by Friday, December 17, 1993.
We do not know the exact funding level for CDBG in 1994, b t are
assuming that it will be approximately the same as last year.
Dakota County received $1,851,000 in FY 1993, of which f nding
District 2 was allocated $434,558.
CDBG applications for FY 1994 will be reviewed by the Dist
Committee, which will pass its recommendations for funding
the County Board of Commissioners after a public hearing h
early January. The County Board will hold a public hearing
County CDBG program and authorize submittal of the applicat
the U. S. Department of Housing and Urban Development somet
February or March of next year. HUD usually releases funds
County in April or May.
The District 2 Committee is made up of representatives of e�
the four larger cities and one representative from Sunfish
Mendota, or Lilydale, which cities alternate having a member �
Committee. For 1994 the City of Lilydale may appo:
representative.
"AN EQUAL OPPORTUNITY EMPLOYER"
ict 2
on to
ld in
�n the
on to
me in
o the
tch of
Lake,
�n the
_nt a
4 �
-2-
Last year's Commit�ee members were:
Mary Kay McQuade, Inver Grove Heights
Christin� Koch, Mendota Heights �
Branna Lindel2, Sauth St. Paul
Sandra Shirley, West St. Pau1
{Sunfish Lake did not appoint a representative.)
If there are new appaintments ta the District CDBG Committee,
please let me know.
If there are any questions abaut the appiication process or abou�
the CDBG program in general, please cantact me at 423-8113. Dakota
County fIRA will be happy to wark with you in preparing an
appZica�ion for funding in FY 1994. We look forward to your
eontinued participation in the CDBG program.
cc: Douglas Reeder, Administrator, City of South St. Paul
Dakota County
Community Development Block Grant Proposa2
Fiscal Year 1994
City af Mendota Heights
Legal Name of Applicant
1101 Victaria Curve
Legal Address of Applicant
2
Community Devel
District
�endota Heights MN SSI2$
City State Zip
Tam Lawell
Contact Person
City'Administrator
Tit2e
MenB�ta Heights Senior Hausing Froject
Project Name
The Citq intends to assist in the acquisit�on of �
(612) 452-1850
Phane Number
to accommodate. the construction of a Dako��a County HRA Sen
Brief Desarip�ion of Project
$SO', 000
Amount.Requested
t
ts
�
, ��CD \ cdbg-pro
1. Has this project received funding CDBG before?
X Yes No
2. Project duration:
One Year
Property acquisition within one year. Actual
X Other (Specify) • building construction as per timeline established by
Dakota County HRA.
Proposed beginning date: January 1, 1994
Proposed completion date: December 31, 1994
3. Grant funds will be used for:
� Acquisition
Clearance Activities
Disposition
Economic Development'
Planning
Public Facilities
Public Services
Rehabilitation
Other (Specify) :
4. Federal objective addressed (attach documentation):
� Benefit to low and moderate income persons
- Total number of persons benefitting: 40
- Percentage of low/moderate income: �-
Aid in the prevention or elimination of slums and blight
Alleviation of urgent community development need
5. General description of the project (include project goals and
importance to community):
In cooperation with the Dako'ta Countq HRA, the City will locate and acquire property
suitable for the construction of a 40-unit senior housing complex. The City desires
to provide low and moderate income senior households with affordable housing that is
decent and attractive. Evolving community demographics underscore the need and
importance of senior tiousing witliin Mendota Heights.
,• .
6. Description af project area (attach map):
Based on site analysis criteria developed'bq the Dakota County HRA,
actual
ect site will be determined within�the cdrporate boundaries of �endota Heights.
7. Construction schedule:
� Nat Applicable
Applicable
If applicable:
Estimated date constructian will begin: �
Estimated date construction will be completed:
8. Project cost:
Total proj ect cost : $ 200, 000
Amount of C.D. Grant requested:$ 50'.Q00
(Percentage of tatal project cast}: 2S �
Source and ama�nt of ather revenue:
.Dakota County HRA
1993 'CDBG Funds
9. Budget summary by activity:
1.992, 1993, 1994
ACtivity CDBG
Property Acquisition $ ]:54',829.
$
�
$ � ?��:,�Y71'�
$ 50,040
$
Other/Li�t Source
$ /+5,�17I
Saurce: �� �A
$
Source:
S
Source•
S
Saurce•
Total
,000
FS��
�
S
S
S
Additional supporting items submitted with proposal (check if attached):
�
�
Benefit documentation (See question 4)
Resolution of governing body requesting grant
Additional project information
Map or sketch outlining project area
Professional's certification of feasibility and accuracy of
scope and budget (engineer's, architects, etc.)
Letters in support of project/or letters of commitment
Other (Specifyj:
--------------------------------------------------------------
Certification
I certify that the statements and application requirements of this official
proposal are correct and that this proposal contains no misrepresentation or
falsifications, omissions, or concealment of material facts and that the
information given is true and complete to the best of my knowledge and
belief, and that no bids have been awarded, contract executed, or
construction begun on the proposed project.
Signature of Authorized Official
Title
Date
u
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i� in y 4��3G .t 1 ..- � $s$� i Q
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'F„� d � � - � . � � � '��` ?v
�,�s� �t � a �—Orainoge & iJtility ; Easement . J �;!
's Ssat �5����its^ �
._ .._ y3.fl�bf ��N8B�55�OO��W 60.00 ��; `• L=56'Z� 20l��_!±4...� 8sB3 / .
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*BF�IRINGS 5Fi0t ARF B�1SED
P. ROPOSED GAFtF1Gi, FLOOR ON ASSUMED ATCTM *
EI,T;V . =£3 6 2 . 5 .
PROPOSED FIRST FLOOR �. �.��'��� Denotes EXi.sting S ot I�levation;
rL�v. =s63.5
PROPOSED BAS�M�NT FLOOR ,.�''-"' Denotes Drainage irec�ion
• ELEV. =$54.5
NOTE See Final iiause Plans BPNCI-IMARK : Top Nut ,ydrant a� •
for actual flao� h�iqhts YdW Quad. Apa he Court and
� B�FOR� �XCAVATION. Apache Lan . ELEV.=861.1;
-Praperty Descri.ption- .
. ~�=rti{�f tl�ai tl� s slarvPy,
Lot. 12 , Block 5 r DT'LAC�ARP CROSSTNG � '''� '�'�' r��:�c�rl u�ns �r� rrnd !��y m�x�
accordin to the recarded Iat thereaf '" ""'��r rny cliyct sv �:rvision and
q � � �; �crl I cNm a c��.ii Rc��!.. t:�red t.cuzd
Dakota County, Minnesot�a. ,;,;�.r�yc�r ur�d��r the lavs of thg
;�;t -ia ca[ 1�tinn at
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�,�1 ate: ��7 ��
�A�ayrie . Cordes Reg stralion No. 1A675 /
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