1982-06-01�
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CITX OF MENDOTA HETGHTS
DAI�OTA COUNTY, MI�It�ESOTA
AGENDA
June l, 1982
l. Call to Order.
2. Ro11 Call.
3. Approval of Minutes:
a» Minutes of the May 4th regular mee�ing.
b. Mznutes af the May I1th adjaurned meeting,
c. Minutes of �he May 18th regular meeting.
4 . CazisenC Calendar :
a. Apprava2 of the List of Claims dated June 1, 1982 and tat
b. Memo recommending appointtnent of James F. Kilburg ta Vo1L
Department.
c. Minutes of the May 25 Plannin�; Commission meeting;.
d. Letter �rom Senator Rudy Boschwitz regarding I-35E fundir
e. Code Fnforcement Officer monthly report for May.
f. Letter of appreciation from Mend-Eagan Athletic Associat7
rink floading.
g. Approval of the List of Licenses.
End of Consent Calendar.
5, Commission Reports
G'�
a. Case Na. $2-07, Ballard, Applicata.on far sign variance.
d�
�lling $74,553.77.
zteer �'ire
regarding
b. Case No. 82-0$, Mur�hy {Par 3}, Applicatian far wet2andslpermit.
(Recommend approval and waiver of hearing).
c. Case No. 82-09, Severson, Application for variance.
t,a�o �1i �q jJ�tr� u� 5 f/%�/Y.�Tf U�"""
New Business
's
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denial) .'
approval) .
/ '�I�G/`- c�� ��! rf1l�%� GP j� /e �t� � e ,l? �P�.S'c�h�
a. John Vpss, County Coromissioner wi�l be present ta discuss Cozfnty matters.
Public
Mayor
City Administrator
a. Memo on fire station architectural services selection.
_ �, .r�� K, ��y �'�s � �, �7''r a,° Is �efii�.L�t�v�
=� Cauncil Members �/�,p .,5'��. �,� �/er^ f � r cY
City Attorney ��1 f�'l e/' �`f�`�'/.� '" ,�"C r 1�:s'7�
�. R��c�rt and recommendation on VanLandschoot litigation (Or�l) .//��'��'�r
June I, I9$2 Council Agenda Page T�ao
City Engineer
►
a. En�ineering sta�us repart for May.
Public Works Director
a. Memo and proposed developer's agreeme� �t on Mu1v' i11 dr�
,�. J7�rk' Cf -�. �.�r o•rr �'�`oP �"�`�.�,ns ,!� 1/� `cJ�"or�i � �,�jL%r!`i`
City Clerk
a. Memo on draft "an-sale" liquor ord3.nance.
b, DiSci�ssion on status of electranic games.
c. Reminder: Baard of 12eview, June 9th, 7:30 P.M.
d � D�aP I I �,3 �o r��c.fi`orr �'�/V'�' G� � 7"
7. Adjourn.
4ti
a
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ray reque �
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Page Na. i645
May 4, 1982
CxTY QF MENDOTA HEIGHTS
DAKOTA COtTNTY
STATE OF MINNESOTA
Minutes of the Regular MeeCing
Held Tuesday, May 4, 19$2
Pursuant to due call and notice thereof, the regular meeting af th
Council, City of Mendota Heights, was held at 7:30 o'clack P,M., a
City Ha1.I, 750 Sauth Plaza Drive, Mendota Heights> Minnesata.
1
City
the
Mayor Loc%waod called the meeting to order at 7:30 o`clock P.M. T e fallowing
members were present: Mayor Lackwaod, Councilmembers Harfi.mann, Me ..ansotto, Losleben
and Witt.
APPROVAL OF
MINUTES
Ayes: 4
Nays: 0
Abstain: l, Lasleben
Councilman Hartmann maved approval of the min tes of the
April 20th meeting with correction.
Councilwaman Witt secanded the motion.
CONSENT CALENDAR Cauncilman Lasleben moved appraval of the can;
submitted and recommended far approval as part
agenda, alang with authorization for executiar
necessary documents contained therein. ,
Ayes: S
Nays: 0
CASE ��82-05,
BUESING BROTHERS
TRUCKIN� (RESURREC-
TION CEMETERX)
ant calendar as
of the regul.ar
of aZl
1. Approval af the List of Claims dated May G�, 1982 and
totalling $ 85,267.59. �
2. Approval of the List of licenses, grantin� licenses to:
Virg Luken's Professional Poo1s, Inc.
Mowers Cortstruction Co.
12an Birch Custom Builders, Inc. '
Ri-Go Buildiers, Inc.
B1ue Line Construction �
Kuehn's Excava�ing
Mack's Excavating
Keith Anderson Masattry ,
eral Contractor
eral Contractor
eral Cantractor
eral Contractar
eral Cantractor
avating License
avating License
onry License
3. Approval of the Code Fnforcement Officer's�monrhly report
for April.
4. Approval af the Planning Commission Minute� for Apri1 27th.
Approval of the appointment af Michael Mac�Cko to the
Valunteer Fire I}epartment. , I
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Counci.lwoman Witt seconded the motion.
i
Public Works Director Danielson advised the Co
the 2ast Council meeting staff has met with Bu
Mn/DOT, and Keith Wehrman to discuss how futur
xncil that since
�sing Brathers,
: Mn/DOT
Page No. .��46 -
May 4, 1982 �
construction affecCs drainage in the Leinay Lake area. Mr,
Danielson rev3.ewed charts prepared by Wehrman Assaciates and
said tha� he does not believe the filling process proposed
by Buesing Brathers on Resurrection Cemetery praperty will
increase the runoff or increase the lake level at all and
should have no negative affect. He did note, however, tha�
constructa.on af TIi 55 to faur lanes has increased the runoff
into Lemay Lake. Mr. I?anielson stated that staff has been
worka.ng with'M'r.� Weiirman to �design the halding pond so that
TH SS runoff will flow inta the holding pand and �hen into
Le;nay Lake through a contralled outl.et. He then reviewed the
feasibility of extending to Lemay Lalce the existing Transport
Drive starm sewer pipe. He indicated that MnjDOT has
expressed a wa.11ingness to work with the City to drain
the water from their progased storm water detentian pond on
the west side of TH 55 to another di.rection and ta provide for
'Lemay Lak� `to'have a contralled outlet when the Mendota
Interchange projec� is constructed. He stated that the City
can either do a praject now to connect the storm sewer line
from Transport Drive to Lemay Lak.e, ar the City can wait to
consa.der any construction until after the Mendota Interchange
project is a reality. Iie irtdicated that he be2ieves it will
be a� least ten years before the surrounding property
is develaped enough to warrant a storm sewer extension. '
The Council concuxred Chat the appropriate time for drainage
impravements would be during the construction of the Mendota
Interchange projec�.
In response to a question from �he Caunci]., A�torney Wxnthrop
stated that the City may require Resurrectian Cemetery, as
a condition of the conditional use permit approval., to
maintain the progosed detentian pond and control struc�ure.
He suggested that an agreement be prepared, and executed
by the landowner, �nd �hen recorded at the County affices.
Mr. Charl,es Ti�rney, representing Resurrection Cemetery,
stated that such an agreement would be agreeab2e ta the
Cemetery officials.
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After further discussion, Council.man Mertenso�to moved
the adoptiori of Resoluti.on No. $2-45, "ItESQLUTION
APPR4VING CONDITIONAL USE PERMIT FOR BUESTNG BRdTHERS/
RESUItTtECTION CEMETERY FII�LING" , along with approval of
a developers agreement with Buesa.ng Brothers, Inc., and
subject ta execution of an agreement by Resurrection
Cemetery �or the maintenance of the proposed deten�ion
pond and controlled outlet.
Councilman Losleben seconded the motion.
Ayes: 5
Nays; 0
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CASE NO.si-2�
THERA,
SUBDIVI5ION
Ayes: 5
Nays: 0
Page No. 1647
May 4, 1982;
Mrs. Jeanette Thera Nelson was present to req
approval af the plat for the division of Lat
Outlots. It was noted by the Council that th
indicates location af a driveway to the exist
crossing the newly created lot. It was also
the survey and the memo prepared by the Cade
Officer/Public Works Directar indic�te ehat a
foundatian on the proposed new parcel encroac
Firs� Avenue right-af-way., �,;
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Mrs. Thera advised the existing structure is
being sold and that a condition of the purcha
that the new owner shall provide a new acce
the existing access through the proposed lot.
that the foundatian which encroaches on �he r
be removed after applicatian far the buil.ding
new lot is submitted. ,She ind,icated to �he C
new parcel wiZZ t�e up far s�le�but that she w
bui�,d a new residence for herself on it.
Councilman Hartmann moved the adoption of Res
"RESOLUTION APPROVING NELSON LOT DIVISIflN", o
that access be pravided to the exisCing struc
the exis�ing lot, that the right-of--way encro
removed prior to granting af a building permz
1ot, alsa subject to receipt of the $600 parlc
the new Iat, and that a par� af the lot divis
�he gran�ing of variances as to �ron�age an e
a rear yard setback variance far the existing
the northwest corner of the existing lot,
Councilman Mertensotto seconded the matian.
est final
, Vandall.'s
plat survey
ng structure
oted that bo�h
nforcement
existing
es on the
zi the process of �
e agreement is
s, thus eliminatin�
She also indicatec
ght-of-way will
permit far the
uncil that the
uld like to
lutian No. 82--46,
the condition
ure entirely on
chment wi.11 be
for the new
con�ribution for
on appraval be
ch 10 t and
barn structure at
COMMUNICATIONS The Council acknowledged receip� of a letter rom Howard
Engnell of Thorpe Brothers Realtors, on�behai of Mrs,
Ethe1 Rosene, relative �o a proposed recyclin of solid wastes
use for the Sports Power {DeLisi) structure 1 cated on TH I3.
City Administrator Johnson advised the Counci �hat Planner
Dahlgren and staff inembers have met with both parties several
times and that Mr. Engnell is now ask,ing for iscussion of the
matter at a Council meeting. He stated that he applicant has
suggested that their groposed use is scientif c and research
oriented and that they ask for an in�erpretat an by the Council
. c,�hether this is a legitimate use for Industri lly zoned groperty
� It was the concensus of the Council �hat the roposed use
constitutes a recycling center, and not�a sci ntific or research
use, and that such use is not appropriate for the site. Mr.
Jahnsan was directed to advise the applicants that as far as
the Council is concerned the praposed use doe not f it caithin
the meaning of proper use of the industrial d'strict.
COMMUNZCATIC?NS The Gouncil acknowledged receipt of a letter om John W.
� haffer of Shaffer and Assaciates Commun'cations Cansultant:
requesting approval of the possible future us of the C�.ty
water tower as an antennae site for installat" n oi a"cellular"
aerial telephone system. Mr. Johnson indicate that Mr. Shaffe
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Page No. .A.uYd '
May 4, 3.982 `
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has offered a rental amount of $400 to $600 per manth �or use of
the tower.
In resgonse to Council concerns aver height restrictions by the
FAA, City Attorney Winthrop advised that this problem must be
resolved between the applicant and the FAA, and approved by the
�'AA. '
Mayor Lockwaod suggested that the City Cauncil should be given
`:,�w � ' pictures of the proposed an�ennae to determine what it will
Iook like if located on the water tank. It was the concensus
af the Council that the City may be interested in the proposal
but must first see the design and negotiate monetary remuneratic
Administrator Johnson was direc�ed to con�act Mr. Schaeffer,
advising him of the Council's concensus.
INDUSTRIAL PARK The Council acicnowledged a memo from the Code Enforcement
SIGNS Officer relative to al�ernate sign pravisions for the Indus�riai
zone and a.t was nated �hat the Planning Commission had discussed
and taken actzon on the matter at the April 27th co�nission
meeCing in response to a request and alternate signage manual
prepared by United Properties.
City Administrator Johnson recommended thar if the Council
agrees with a3.ternate signage in the industriaZ park, an
amendrnent to the sign provision in the Zaning Ordinance should
be prepared and adogted.
Aftex discussian, the Council directed staff ta praceed with
preparatian of an ordinance amendment to provide for alternate
signage requiremen�s in the industrzal district as contained
in the United Properties brachure.
PARK MA.TTERS Park Conunission member I}offing was present and suggested that th
Counca.l consider a City Clean-Up Day for 1983. The matter was
referred ta the Park Commission for additional consideration and
for discussion during preparation of the 1983 budget.
MARZE AVENUE City Engineer Kishel distributed and reviewed a tabuiation af
CONSTRUCTION bids received for the construction of Marie Avenue from Lexing-
ton to Victaria. He advised the Council that Cannon Val2ey
Construction Company, the law bidder, is a new company, and
that investi.gation of the firm indicates financial saundness.
He therefare recotmnended that the awared be made ta Cannon
Valley Canstruction.
Councilwoman Witt moved the adoption of Resolution No. $2-47,
"RESOLUTION ACCEPTING BIDS AI�TD AWARDi23G CONTRACT FOR MARIE
AVENUE CON'STRUCTION (IMPROVEMENT 1V0. �`'^', PROJECT N0. (), and
awarding the contract to Cannon Valley Construction Co., for
�heir low bid of $163,392.00. .
Councilman �Iartmann seconcied the motaon.
Ayes : S
Nays: 0
DUPONT ADDITION City Engineer Kishel reviewed a tabulation of bids recei.ved for
IMPROVEMENTS cons�ruction oi the DuPont Addition sanitary sewer, water,
etorm sewer and street construction improvements.
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Ayes: 5
Naqs: 0
�� ENGINEERING STATUS
�/ REPQRT
FREEWAY CONSTRUCTION
Ayes: 5
Nays: 0
TEN�IIS COURT
RESURFACING
Ayes: 5
Nays: 0
Page No. 1649
May 4, 1982
Councilman Losleben moved the adoptian of Res
rrRESOLUTTON ACCEPTING TiIDS AND AWARDING CONTR
ADDITION TMPRQVEMENTS (IMPRpVEMENT N0. 81, PR
awarding the contract to the RoberC W. Moore
3.ow bid of $8b,2$2.00.
Tiayor Lockwood seconded the mota.on.
alution No. 82-48,
�CT FOR DUP4NT
)J�CT N0. 8 )„,
Company for their
Engineer Kishel reviewed the engineerin�g stat s report for
April, 1982, �
City Engineer Kishel advised the Council that Mn/DOT has
received bids far the construction o� I-35E f om TH lI0 to
I-494. He advised tha� the City trunk sewer ine running
parallel to I-35E t,�as moved westerly 100 fee� and that Mn/DOT
has reques,ted that the City release its exist ng trunk sewer
easement which would run under the freeway. e recammended that'
the Council execute deed documents ta release the easement. ',
�City Attorney Winthrop recommended that the C uncil execute '
the agreement on Che condition that MnjDOT in turn, grant to
the City replacement �asements for the new 1 catian of the
sewer line.
Councilman Losleben ntoved Co au�horize releas of the exis�ing
trunk sewer easement as described by City Eng neer Kishel by
quit claim deed, condi�ioned upan receipt of r appropriate
new easement from MnJDOT.
Councilman Hartmann seconded the motion.
The Council acknowledged and discussed a memo from Publa.c Warks
Supervisor Ploumen relative to bids received or the resurfacing
of two dauble tennis courts.
After discussa.an, Councilman Losleben moved t authorize an
expenditure of $4,998.OQ fram the Special Par Fund to Action
Cour�s Inc., for the resurfacing af a double ennis court in
Marie Park and one in Friendly Hills Park.
Couneilwoman Witt secand�d �he motian.
The Council acknowledged receipt of a memo fr
Super.visar Ploumen relative to bids received
� glass utility body for the truck for the Util
In his memo, Mr. Planmen stated that the 2aw
Truck Util.ities and Mfg., daes nat meet'the s
Ha recammended that the Council award the bid
bidder, Truck qutfitters, Inc., for their low
Mayor I,ockwood moved ta award the bid a fiber�
with metal headboard submitted by Truck Outfit
Councilman Hartmann seconded the motion.
Ayes: 5
Nays; 0
m Public Works
or the fiber-
ty Depar�ment.
id received from
ecifications.
to the next low
bid of $4,201,00.
ass utility body
ers, Inc.
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Page � 6S0
May 4, .Ly82
LAWCON The Council acknowledged receipt of the document prepared by
APPLICATION the Engineering Department to be submitted in support of the
City's LAWCON grant application.
MAC The City Council acknowledged a letter from the Metropolitan
Airports Commission requesting the appointment of two represen-
tatives from the City to a Joint Committee, which will be
formed to establish procedure for disposal of the MAC property
located in Mendota Heights. "
Councilwoman Witt moved that Councilmember Mertensotto and
Financial Advisor Shaughnessy be appointed as City represen-
tatives to the committee.
Councilman Hartmann seconded the motion.
Ayes: 5
Nays : 0 -
MISCELLANEOUS Administrator Johnson advised the Council that a metro
governance commission meeting will be conducted on May 5th and
asked what input the Council might wish to make at the meeting.
The Council directed that Administrator Johnson attend the
meeting on their behalf and report back.
MISCELLt1NE0US City Administrator Johnson briefly reviewed his memo to the
Council on pending matters. The Council discussed the several
items included in the memo, determining that City Hall con-
sideration should be dropped to the bottom of the list of
matters, and that the Fire Station should be given priority.
After a brief discussion, Councilwoman Witt moved that a special
work meeting be conducted at 7:30 on May llth, to discuss the
matters contained in Administrator Johnson's memo "Where Do
We Go From Here".
Councilman Hartmann seconded the motion.
Ayes: 5
Nays: 0
MISCELLANEOUS The City Clerk distributed copies of a draft "on-sale"
liquor ordinance for future discussion.
The City Clerk advised the Council that staff has begun
preparations for internal preparation and �rinting of the
City's newsletter on an experimental basis.
ADJOURNMENT There being no further business to come before the Council,
Mayor Lockwood moved that the meeting be adjourned to 7:30 P.M.
on May llth.
Councilwoman Witt seconded the motion.
Ayes: 5
Nays: 0
TIMr OF ADJOURNMENT: 11:10 o'clock P.M.
Kathleen M. Swanson, City Clerk
ATTEST:
Robert G. Lockwood, Mayor
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Page No. 1651
May 11, 1982
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINN�SOTA
Minutes of the Adjourned Meeting
Held Tuesday, May 11, 1982
In accordance with action taken at the regular meeting of the Cit
May 4, 1982, the adjourned meeting was continued at 5:00 P.M, at
750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwoo
meeting to order at 5:00 P.M. The following members were presen
Lockwood, Councilmembers Hartmann, Losleben, Mertensotto and Witt
AGENDA
DISCUSSION
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Mayor Lockwood noted that the Council shoul
2 hours discussing the matters as listed in
namely the fire station, senior citizen hou
Mendota Plaza improvements. After several
comments, he asked City Administrator Johns
I
City Administrator Johnson reviewed matters
proposed fire station. He noted that the F
Commission did not make any single, strong
location. He noted that the current discus
placement at the Herb Werneke site was by c
than by design. He suggested that consider
to locating the fire station in the Plaza B
that it would be more compatible, and acces
TH 149 might be better. He suggested, Chat
plans and reports be prepared and studied,
an orderly process for Council consideratio
As concerns senior citizen housing, h�e note
element would be needed, either with a HUD
development or if Mendota Heights issued bo
developer. In either case, a housing, eleme
prepared that meets Metro Council approval.
that rezoning changes would be needed. A d
would be necessary on the Perkegwin parcel
change in zoning would be necessary for hou
Plaza site.
As to the Mendota Plaza, he suggested that
should determine what development it desire
He suggested that Sheehy should present rea
f or future development or dispose of land a
for some other entity to proceed with devel
suggested that Howard prepare several schem
ment which would show improved circulation,
visibility. This concluded the City Admini
Mayor Lockwood asked Howard Dahlgren to
three topics.
Planner Dahlgren presented a very short his
for TH 110. He indicated that a focal poin
Heights should be developed. He noted that
Council on
he City Hall,
called the
. Mayor
spend ]� to
the agenda,
ing, and
ntroductory
n for comments.
concerning the
.re Study
ecommendation for
ion involving
�ncensus, rather
tion be given
4 area, noting
to future
everal site
hereby allowing
that a housing
assisted Wilder
ds and was the
t must be
He noted also
nsity change
nd a complete
ing on the
he City Council
in this area.
istic plans
a 1ow price
pment. He
s for develop-
access and
trator's comments.
t on the
:ory of the plans
: for Mendota
the Plaza has
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Page No. 165L '
May 11, 1982 '
not been especially successful over the years. At this
point, he produced a sketch noting that the southeast
quadrant of TH 149 and TH 110 could be enlarged by using
some of the TH 149 right-of-way. He noted how the additional
area could lead to Plaza improvements. He made several
comments concerning the senior citizen housing and noted
that the City could proceed with a number of schemes.
At this point, Mayor Lockwood asked each Council member to
comment on the agenda topics.
Councilwoman Witt noted that the fire station should be
located on the Plaza property. She noted that the City
should respect the desires of the Perkegwin property owners
as concerns location of the senior citizen housing or fire
station. There is probably less need for park property
now than there was in the earlier design. She wondered
about uses for the old fire station site. She also wondered
about uses for the TH 149 right-of-way north of TH 110.
Councilman Hartmann noted that the fire station is number
one in priority. It should hzve south facing doors, but
where should it be located2 He indicated the need for
more study on the senior citizeil housing. He wondered if
the Plaza site is suificiently large enough to accommodate
a senior citizen structure. He noted that the access to
the Plaza is deplorable, that McDonalds traffic is minimal
because of difficult access during busier hours. He
recommended improving access to the Center.
Mayor Lockwood noted that possibly the City has not tried
hard enough to upgrade the Center; enlarging the acreage
would be a good idea. He noted that immediate plans might
be held off, pending making plans for long range improvements.
He also noted that the City should deal with Mn/DOT officials
to make plans for use of the platted TH 149 right-of-way.
He indicated the desire to prepare a feasibility study to test
the fire station location at South Plaza Drive and new TH
149. Additional studies should be prepared if they can be
done at a reasonable cost. He also noted that one possibility
for fire station location would be to acquire the Herb
Werneke property, move the house to an adjacent site and then
locate the station permanently on the Werneke site. He noted
that TH 149 would need to have an overpass for easy access
by senior citizens to the Plaza. He again suggested some
more serious and diligent discussion with Mn/DOT officials
and the Plaza owners.
Councilman Mertensotto noted that one course of action would
be to do nothing. He reviewed the work of the Fire Study
Commission and the several schemes for providing fire '
protection services within the community. He noted that
the location of the present fire station has served the
community for many, many years. He noted that if the Lake-
ridge propos�l would have proceeded with development, this
discussion would not have been necessary; a fire station
would have been in existence at this time. He noted the
t
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Page No.1653
May 11, 1982
fire station could go on the Werneke'site a d that he would
support the Werneke site. He expressed no strong feelings
on the Plaza improvements. He noted that i a liquor license
is issued, some other public improvements s ould be made
in return. He noted that access to the Cen er should be
improved.
Councilman Losleben reviewed some informati
League report on senior citizen housing. B
� had spent a considerable amount of time wit
Kubitschek from Amherst Wilder. He noted t
Heights needs to develop a housing plan. M
indicated that Wilder would subsidize 20% o
they are interested in a Mendota Heights lo
indicated the ability to provide some form
citizen housing, either through City means
Foundation. He noted that the fire station
involved an excess amount of studying,, and
be taken at the present time. He noted tha
incentives should be developed for the Plaz
would be improving circulation. He wondere
Wilder representatives out to the next meet
n�"
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�n from a Citizen'
: noted that he
i Mr. Frank
�at Mendota
. Kubitschek
the units and
ation. He
f senior
r with the Wilder
discussion had
hat action should
developer
, one of which
about inviting
ng.
Mayor Lockwood noted the conclusion of indi idual Council
comments and that responses were proper at his time.
Councilman Mertensotto expressed concern th t the City should
proceed with caution'on financing a senior itizen housing
structure. He noted that the City of�ices, including
Engineering and Police, are operating effic ently and
economically in the Bank Building and that here is no need
for City Hall discussions at the present ti�e. He wondered
about initiating fire station construction t the Werneke
site at this time. Councilman Losleben ind cated that he
was ready to move on fire station construct on at this time.
Several members wondered about additional a sistance from
Planner Dahlgren and Mayor Lockwood queried as to the cost of
additional study. Planner Dahlgren indicat d that he would neE
to know the various elements of further stu y before he could
prepare any cost estimates. He was excused at 7:08 P.M. in
order to attend another meeting. I
After further discussion, Mayor Lockwood not
should reflect the following:
A) Wilder representatives should be inv:
Council meeting in the near future w:
invitations also to the Planning Comn
members and Howard Dahlgren. ;
:ed that the minute;
ted to a
th special
ission
B) Staff should proceed with a screenin process applic-
able to the list of architects inter sted in design-
ing the fire station. It was noted hat staff would
propose criteria and apply it to the list, subject
to Council approval at a future meet ng.
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Page Na.1654
i�
May 11, 19$2
ADJOURN There being na further business to came before �he
Council, Councilman Hartmann moved that Che mee�Cing
be adjourned.
Cauncilwoman Witt seconded the motion.
Ayes: 5
Nays: 0
ATTEST:
Robert G. Lockwood
Mayor
TIME OF ADJOURNMENT: 7:30 o`clock P.M,
Kathleen M. Swansan
City Glerk
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CITY OF MENDOTA HEIGHTS
DAiCOTA COUNTY
STATE OF MINNESOTA
Minutes of the R2gular M�eting
He1d Tuesday, May 18, 1982
Page No. j I6 55 '
May 18, 1982
I
i
Pursuant to due call and notice thereof, the regular meeting af the C ty Council,
City of Mendota Heights, was held at 8:00 o'clock P.M. at the City Ha ]., 750 South
Plaza Drive, Mendota Heights, Minnesata. a
Mayor Lackwood called the meeting to order at 8:Q0 o'clock P.M. The ollawing
memb ers were present: Mayor Lockwoocl, Council Members Hartmann, Losl ben,
Mertensotto and Witt.
CONSENT CALENDAR Councilwornan Witt moved approval of ihe consen calendar as
submi.tted and recommended for approval as part of �h� regtzlar
agenda, along with authorization for execution of all. necessary
documents contained �herein. ,
Ayes: 5
Nays: 0
ABATEMEl3T5
Ayes: 5
Nays: 0
l. Approval af the List of Claims dated May 1�, 1982, and
-�atall.ing $1,690,345.90. '
2. Approval of the list of licenses, c}rant�,ng jlicenses to:
Roofings, Inc. Roofing cense
Commercial Uni�ities, Inc. Excavatin Lic�nse
� �
3. Acknowledgement of the i'ire Departmen� and �reasurer's
monthl.y reports far April. ,
4. Approval of a r�quest from t1�e Samerset Vie Pioneer
Assaciation �.o barricade Uorse� Ftaad,'fram elaware Avenue
to Mears Avenue, for a neighborhaoc3 block p rty to be held
on Friday, Jun� 25th, subject �o conditions imposed by the
Council on past similar requests. �
5. Acknowledgment of the minutes af the April 3th Park and
Recreatian Commission meeting. ,
Councilman Hartmann seconded the motion.
Ass'_stant County Assessor Bill Peterson was pre ent to review and
recommend approval af abatemen�s on two parcels of property
located in Mendota Heic}hts.
After discussion, and on the recommendatian of he Assistant
Assessor, Mayor Lockwood moved that abatements e granted to:
Cuthber�. I. Bates for Parcel Na. 27-22451-044-Q , reducing the
assessed value from 17,025 to ].6,636 for taxes ayable in 1982;
and to Michael Kurtz for Parcel No. 27-57200-02 -01, reducing the
assessed value from 25,080 to 19,480 �or taxes ayable in 1982.
Councilman Losleben secanded the motion. '
,�`��
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�
Page Aic�_iFs ��
May I$, 1982
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r"
ELDERI,Y HOUSING Mr. Jahn Briscoe and three ather represen�.atives oi the
Amherst PJa.lder Foundation, Housing Development Division, were
present to discuss the potential for development of a senior
citizen housing praject in Mendota Heights. Mr. Briscoe
� suggasted that there are severaZ avenues avai].able �ar financing
af a project, autside of HUD financing, ta provide affordable .
alternative housing far seniors, either rental or purchased.
He sugges�ed such financing optians a�s a UDAG gran�. or Tax
Tncrement Finaneing. He suggested that his staff ineet with
City staff to discuss financing aptions and that ha,s staff then
prepare a propasal. In response to a ques�.ion �rom the Council,
Mr. i3riscae stated that the City wauid bear no financial
responsibility for Wilder's preparatian of a proposal. He
pointed out that the Foundatian only develops and finances
projects cansisting of a mina.mum af 125 units but that i,f the
study and proposal prepared by the Foundation indicates that
the 125 unit minimum is not feasible, the Foundation staff will
refer the City to other arganizations which deal with similar,
but smaller projects.
2here were several ques�ions askec� by the Cauncil members and
the five Planning Commission rnemlaers who were present for the
discussion.
After cliscussion, Councilman Losl�ben moved to authorize and
direc�. staff ta worJt wi�h the Wilder Foundation in investigating
senior citizen t�ousing concepts far Mendota Heights.
Caunca.lwoman Witt seconded the motian.
Ayes: 5
Nays: 0
INFILTRATIONj Mr. Don Lund and Mr. Mike Kramer, frc��n Si�ort, Elliott ancl
INFLOW Hendricksan were pr�sen� to briefl1 discuss the Infi,].tra�.ion/
Inflow stucly preparecl for the City by the�.r firm. Mr. Lund
gave the Council a brief overview of how the s�udy was prepared.
He distributed and reviewed a flow chart outlining �he process
for sewer System evaluation and rehabi2itation and a drawing
depic�ing examples of residential activities and sewer system
flaws which contribute to IjT problems.
GOULD BUILDxNG
PERMIT
Mr. Kramer aclvi.secl that the study cansists of in-field analy�is
at the City's s�wer sys�em which crea�ed a data base for the
study's analysis of what cos�s might be involved to make correc-
tians and to determine whether repairs waul.d be cas�. effective.
After the presentatian, Administrator Johnson suggested that the
Cauncil review and study the repart ancl then cansider conduc�ing
a work session.
The Council acknowleclged a memo fram the Code Enforcement
Officer relative to a request fram Gould, Tnc. to canstruct
an addition on its �xis�.ing garage at th� firm's locatian on •
Lexingtan Avenue. A representative of the contractor, Rauenhorst
Ccarporation, whca was present for the discussion, advisecl the
Council that the 18 foot by 24 fcrot addition will be blac3c wa.ti�.
brick face, will be a continuatian of the design of the exis�.ing
structure, and will be used as a convenience builc3ing.
i.
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Page No. 16 �?
May 18, 1982
'1 Councilman Lasleben moved appravaZ of the �.ssu nc� of a building
permit to Goul�., Inc. far constructian o{�a�ara e addition in
accordance with information contained i� the ade Enforcement
Officer's mema dat�d Ma.y 11, 1982.
Mayor Lockwood seconded the motian.
0
�a: ., .
�
�
Ayes: 5
y Nays: 0
CASE IVO. $2-02, Mr. Duane Kilde was pre�ent to request approva to construct a
KILDE 26 foat by 29 foat attaehed garage or� his hame Mr. Kilde
explained that he has revised his plan, as a r sul�. of the
I"ebruary Planning Commission meeting, so�that e no langer
needs a sideyard setback variance. ;
The Council acknowledgad a memo fram the`Code
Officer indicating that no sideyard setback v
reguired, based an the revised plan, but that
is located only 9.2 fee� fram the north prope
a 2Q,8 foot variance c�auld remave the hame fr
statu�. �
In response to a questian from Mayor T,ockwood,
advised the Council. that the existing detached
taken down if �he Council appraves the issuancf
the new attach�d structure.
Councilman Losleben moved that a 20'$" varianc
pzoperty line at 1311 Delaware Avenue be grant
residential structure, and that issuance af a
for a 26 ioot by 29 foo� attached garage�be ap
�o removal af the existing detached garage and
�.a canformance to �he conditions contained in
from the Code Enfarcement Officer.
Counci.lwoman Witt seconded the motion. '
Ayes: 5
Nays: 0
;nforcement
�iance is
:he residence
:y line, and
i non-confarma.ng
Mr. Kilde
garage will be
� of a permit for
on the north
d far an existinq
uiiding permit
rovecl subjec�
further �ubject
he May 14th memo
MISCELLANEOUS The Council acknowledged receipt of an invitat on to the
annual meeting of the Association of Metropoli an Municipalities
to be held on May 26th. Mayor Lackwacrd and Ad inistrator Johnson
indicated that they would attend the meeting.
IMPROVEMEIVT NO
PROJECT N0. 5,
STORIVI SEWER
Ayes: S
���� a t�
City Attorney Winthrop advised the Caunci]. tha he has received
a copy af the opinion in the Van Landsehoot pr ceedings and will
make a recommendation on an appeal at the next mee�a.ng.
82, City Engineer Kishel distributed and reviewed �
NSP informal bids received for the constructian of
extension to the NSP substation an the west si�
Mr. ICishel recammended that the contract'be aw�
low bidder, �'rank Jedlicki, Inc.
Councilman Losleben maved the adoption of Reso:
"RESOLUTIQN ACCEPTING BIDS AND AWARDING CONTRA�
SEWER EXTENSION (IM�'ROVEMENT NO. 82, PROJECT N�
the bid to Frank Jedlicki, Inc., for their low
Gouncilwoman Witt seconded the mo�.ion,
tabulation of
a storm sewer
e of Dodd Roac3.
rded to the
ution No. 82-49
T FOR ST01.2M
5)," awarding
bid of $9,366.00.
r.
�age t�a. 16 58 .►.
May 18, 1982 .
�
MISCELLANEOUS The Cauncil acknowledged receipt of a mema from Engineer Kishel
relative to a pre-construction canference an I-494/35E.
Public Works Director Danielson advisecl the Council that the
Friend7.y Hiils Water tank is in the process af being removed.
Ii� further advised that the state has advi�ed him that �he
City's applicatian ior LAWCON funds to acquire and develop ihe
school distric�. property on T.H. 149 cannat be considered
because it involves purchase of property from a public entity.
He received Council concurrence to amend and resubmit the
proposal replacing the school property with the Wachtler property
AD,TOURNMENT There being no further business to come before the Council,
Councilman Har�.mann moved that the meeting be acljourned.
Mayor Lockwood seconded the motian.
Ayes: 5
Nays: o
TIME OF ADJOURDTMENTs 10:35 o'ciock P.M.
Ka�hleen M. Swansan
Ci�y Clerk
A'I'Z'EST :
Rabert G. Lockwaod
Mayor
�LAIM�..'' LIST 6/1/82
1�UN T
_._.._..___. �. _w�..�_.
2D 3.3.Q
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__ ___.______ .�____.,_..._Dept_�0-A3min.._�_ _ T__15 EnSr__ ....._
20-Police 70 Parks
30-Fire 80 Planning
40-Code Enfc 90 Animal Control
50-Roads
_ CHECK REGIS�'ER 60-Utilities
. V�ND�R ITEP� DESCRIN7ION
AIRPOR7 �1ED CLIPIIC PHYS MACZKflI�KILBURG
F M E CORP
F N! E CflRP
F N E CC�RP_ __,
FREDRICKSON HTG&AC
6b t�OS $3 LEASE
. 6 MOS 82 LEA SE
6 1+OS $2 tEA SE
1NATL&LAB %AS RAN6E
INTL ASSN CH �OLICE BALANCE 0� FORCES
3MPOS6422
FOUCtiER PRi'G&LZTHO
FOICHER PRTG8,LiTHQ
POI;CHER !'RTG&LITHQ
POUCF�ER PRTGBLITHO ._
�dUCNER PRi6&LITHO
POICHER PRTGB,tITHO
_ POUCHER PRiG�IIThlO.,._
OPTICfiL . EWiIT TERS
_ BOND PRTG
BOND PRTG
SOND PRTG
BOCJD PRTG
BOND PRTG
80NG PRTG
„_ 8 0 N D. PR T G__,.
LUSTRE CAL NAMEPLA7E NiETAL PROP TAGS
LUSTRF �AL iV�T�E�LA�'E META�. PROP T1lGS
LUS'�RE �A�L NAMEPLATE ME7Al. PROP TAGS
LUSTRE GAl. �VAENEQLATE �ETAL PROP TAGS
LUSTRE CAL t�AN�PLATE ME7AL PRflP TAGS
L�STRE CAL NRPlE�LA7E METAL PROP iAGS
lIiSTRE CAL IVAF9EPLATE METAL PROP T�GS
_ LEOIVARD PERR pN
ELECTi2�NIC CNTR iNC
SNCWPLOW..318/If� 4/3_
OURACELL
----�nU2Pi�EIV� SALES&S61C.-- --.--POl.E 7AMPER _._ � ._ __.
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TWIN CITY iESTING
TED IdARD . _
872 C NERI _LA N� ___
TEStED CYl.INQ�RS.,_.__
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CNECK REGISTER
UENDOR
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_ _ . ...... ��..,,..__ * -•�--.-
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ITEN qESCRIPTION ACCOUNT NO d!
SD 1iA7ER COMMISSIQN 243i !.E}{ � t21=��t25-31�-�t3
BD b1ATER COMMISSiON 24�3i LEX _ 01-4�#25-31a,-7a
BD WATER COMMISSI��t 278f1 l.ILAC G2-4425-47�-?0
BO GIAiER COMMISSION 2433 I.EX 15-4425-310-�a0
CHAPIN PUBLISFIIVC Cp CONST F3ULi. I�81-8 7?-424t0-951-flU
CHAPIN Pt3BLISHZN� Ct7 C�NST BULt� I82-1 78-4240-BflI-p0
CITY MOTOR Si1PP�.Y
CITY MOTOR SUPPLY
CITY �lflTQR SUFFl.r _
CITY MOTOR SUFPLY
CITX K4TaR SLIFPLY
CITY MOTQR Sl1PPLY
CITY MQ70R SUPPl.Y
_ .,.. .. _ _ . _ _. .____ . _ _. _ _. _
DRI�I BZTS ..... Oi-�3e�.5-�i50-5Q
MISC PARTS Cl1-433fl-44Qr.20.
MISC �ARTS Oi-433fT-44Q�-2f}
BA7TERY - -.. ____ . _ .. . _01-433fl-49D-50
GAT�S BELTS tIi-4335-���-7�
GAtES BEL1'S fl�,-4335-31� ?
GAi'ES BELTS - �- ----- __... _.35-4335-31D .!
Cg�Y Dt1P[. PRt}DUGTS ,_. __.. A�`R_C4FIER MAX RENT.._..____.Q2-42�fl-63D-2t#_
COPY DUPL. PRqDUCTS APR COPIER HAY RENT ' 01-420.0-610-20
C4FY DilPL PRt9I3tfCTS APR GOPIEEi �1AY R£NT i31-42�iQ-61{�-3€1
COPY DUPL PRO�l7CTS APR COPIER HAY RENT 01-420.0-f1D-7i#
COPIf DUPt. PRODUCTS APR COPI�R MAY REN7 fl1-42fl�-610-Stl
CQPY DUP�. #�R4DUCTS APR COPIER �IAY REiVT 02-4305-{343-��}
COPY OUPI. PRQDUCTS APR CQPIER MAY RENT 05-42D.Q-63t�-15
COPY D�lPL PRODUCTS APR COPIER MAY RENT i5-42�.�-6I0-6Ct-
COPY DUPL PRODUCTS APR COPIER MAY R�IUT 23-92'�0-p.�0-00
co�Y �Qu�tp co �rsc s��rs c��-�3�.�-�.o�-z�
C�FY EQU�P GO__ , Afi�KfiNIA _ . _...._.. _.__..05-43t}_fi-li}5-.15.
pAVIS ELECTRqNIG SVC RPR&PARTS p1-4330-450-3D
DAVIS £LECTRONIC._SV� - - - RPR&PARTS. ._ .ti3.-433Q-�50-3Q
DAVIS ELECTR�iNIC SUC RE�'AIRS � "w._...__..,......__.___ ,._Q�-����-��D, �
DAVIS ELECTR�N�C SUC REPAIRS 01-433Q-45G
LIAVIS Ei.ECTRflNIC SVC RPR&PARTS 02-433t3-4�50-30
� � 7 �'s � �5 �1 (� C i� +� l•: i , r• �. JlJ PdE: � �' �! ?'
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4.50
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175�J� � *
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54 _m15 *
37 �96
7oi2
33.82
132 «86
211 +76 *
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544.29
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22; 8�t� �52 '�
CFiECK REGISTER
UENOOR ITEM DESCRTPTION
DCi2 C�3RP. JUNE RFNT
DENNIS D�LMO�JT
DENNIS QELMO�VT
FISCHERS GAS b6
FISCNERS GAS 66
J(�HNS CN LRV I l
�UY Kt;LLAf�DER
GUY KIiLLANDER
GUY KUI.�ANOER
l.AA1GULA HD1AE
�ANGULA i;l]N�.
LANGULA HDWE
LANGU LA HD�tE
LELS
LOGIS
IOGIS
M� ND HGTS RU8 BI SH
JU�JE t�I .
i�2 QMO MI HAY
TIRE RPR
ti�AD LITE
JUN� �fI .
NZ LEA GE
_. _ COPv REDUCiONS
MM ILEAGE
__ ._.- --• . � ��--
ACCQUNT iVfl. IN
05-42fl��600r �5
�
Q1�4�15��321-2D,
O 1-4415-a 2Z-.20
__ � 1� 433 ��4 �AO a 20
D1-�330-�40-2t3
#
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05wa���D�-105�1�5
75-44i5�949�- �G-
_._ __ MI SC SPL�S_., ,_ .__ 01-43Ci.5-0 3�-3��
STEEL ROOS �1-4�305-]_70.-70
""'°""FtF9ISC PARTS Cf1°-4330-49D-T�
., BLADES _ �;1-�433�f-49�-7i?
JUIVE i70 O1-2QT5-OaD�OQ
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APR S1fC 02�4214-�I10-1�
APR S1IC 15-42I4-�J5D-5�
�1PR SVC 03-�280-315-3Q
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M�TRO �SiAS3E CaNTftOL,�._ ,_.lUNE S1iR__SVC _.__,.____�__._ 15�4449��.6Q-5.i�
AMOUNT
19�'�.34
26 .Sfl
223.84 *
32 .fl 4�
32 ,�J II *
236.95 _
125 �78
125..79
_„—� �_ e 4 7 . _,
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b5 .25
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1I3.08
427.73
86 463
125 s7$
192.79
�17.10
1�879..19 *
240 .� 9
--•-- 41.73 _
44.21
116.23
__ 188.12
35.20
6 .3 5
_ 318.53
99�.46 *
194.0 �
194 e;.0 *
� 95 el $
�a.i�
159.31 *
A `
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CHECK REGZST�R _ � _ . _..T_.___._
UENOOR ZTEM DESCRIPTiON ACCOUNT N i
MINNESOTA FIRE INC.
MINNESOTA FIRE INC.
-- - — ---.- _. __. . _....__._.. _. ...._ ... ___.._ _____ .......�..
BA DGE S O1- 4�3iiS-0.3Dr 33
FIRE EXTG � OS-4305-1Q5-1'
MO@ILE RADIO ' RPR PORTABLE 01-433D-450*3t
NORTHERN ST POIiER CO
NORTH�RN ST POWER CO
NORTHERN ST PD1dER CO
NORTHERN ST P C9��R CO
NORTHERN ST PO�IER CO
NORT}�ERN ST POIJER CO
NORTHERfV ST P CIdER CO
NORTHERN ST POHER CO
NORTHERN Si P01iER CO
NORTHERN ST PONER CO
NORTH�RN Si P C�IER CO
NORTHERN ST POWER CO
NORTHERN ST P C�1ER CO
NORTH4IESTERi� BEi.L
NORTHW�ST�RN BELL
NORTHWEST�RN�� eELI���� �
NORTH�ESTERN BELL
NORTNk�ESTERN BELL
NORTHNESTcRN EELL
NORTHVdESTERN L'ELL
NORTHWESTERN EELL
OAK CREST KENNELS
PINE SE�iQ PAVING INC
PINE BEMO PAVING 3NC
MAY SVC
r�aY svc
MAY SVC
M A Y ._S VC_. _.._ .. ._. _ _ ._ __
MAIf S!!C
MA Y S VC
_ MAY SVC -- -- --- --
MAY SVC
MAY SWC
MAY SVC �
MAY SUC
MAY SUC
MMAY SVC
MA Y S UC
MAY SVC _
MAY S11C
MA Y S UC
_ __ MAY SVC ., ., ,_
MAY SUC
MAY SVC
_ MA V S UC _ _
01-4211-300-51
Q1-4211-310-53
Ol- 4231-31�-71
._.... 01- 4211-315-3,1
O 1- 4211-323.- 7�
01-4211-420-53
__. 01-4212-310-5!
O 1- 9212-310 - 71
01-4212-315-3I
_.01-4212-3' �7i
15-4211�3 61
15-4211-40Q-5t
7.5-4212-310-b1
t)1-4210-'�21-2i
. ..__ O1-�210-Q 30-31
�31-�2i0-�50-5t
01-42i0-D 7Q-�4
a 1-4210-11Dr lt
....- .t�_5-42Y�-105-1`.
07-4210-30�-01
15-421fl-0 60-b!
RETAINER/CALLS MAY 01-4221-800-9!
NMC MIX
MC Mi4IX
.. __ _. _ 01-4422-05n-5t
C� 1- 4422-R 5E
59.27 � S&T OFFICE PR00 ACCO BINDERS y� QI-43C31��11�1-11
._ . _...� __. _._�,.. � -. __ .. .. . . . _.__ _ _.. _ _._� __ _ _......._
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'QUNT
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35 •3 �
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1 � 14 t3 .�^, .+�
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61.99
61.99 *
23 Q3Q
23.3Q *
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1•101.22
3D 9 .�3
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63�88
3�973.75 *
4Q .32
41.79
82.11 *
ii�9�.4€I
1Q'�.40 �
C#iECK REGISTER
VENDOR ITEN DESCRIPTION
SB,T OFF'ICE i'RCD CORRECTIVE TAP�
SEl.ANDER DUANE C
SHAUGHN�SSY L E JR
SHIELY J L C43
SNYt3ER ORUG STORES
STATE i'REAStlRER
STATE TREASU�ER
STATE TRE�StJRER
STA7E TREASURER
STATE iR�'ASURER
STATE TREASURER
STATE 7REASURER
STA7E TRfiASUFiER
STA1'E TREASURER
STATE TREASlJRER
5UN fdE9�SPAPERS
SUN NE�SPt�P�RS
JUNE MI
i�AY SVC
CL 2 KE�f
��livC S�lY5
PERA i�/N 5iI4
PERA 5/14
€�ERA, 5!!l�
PE RA 5114
- ----.- PE RA 51Z # .__
P� RA 5l14
PERA 5f14
P�i�A 5!!14
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P� RA �! 2 4
ADV BIDS SS1—r�
AC}U B IDS I82�2
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bdAL00R PU��iP �,IF7 STA M3CM
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ACC{�Ut�T N0. �Il
t35-430.0—iiI5-�'
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AMOUNT
. 22 �7 .'? 0
" 158.73
IItI.�O
4$.73
i26,42
litl.O4
855 .9$ *
I03.49
26.i3
1�3.89
1#$.52 *
27.99
27.99 *
14,268.95
��7s�..3�
6 ,35
5 r 735 .� �:
24�5fl4.47
2.a6
5Q3.00
20 7.39
155.97
18�.74
144.39
4�:5� 2 084
MANUAL CHECKS
1Q066 • 4,002.89
10067 5,007.75
Ioo6s az�.00
ZQ{�b9 430.00
10070 17,0$2.13
10071 90.00
ioo�2 �o.00
1QQ73 5.00
10074 84.00
1Q075- - 94.15
27,050.93
___. ._...____ ?4 , 553 . 77
CHECK REGISTER
VENOOR
tiASH NATIONAL INS CO
NASH NA7IONAL INS C+0
idASH NATIflNAL INS Cti
uASH NATIUNAL INS CO
i1ASH NATiQNAL iNS Ct}
iJASH NATIONAL INS CD
NEt��.S FARGQ TRUSTEE
ii�.ti$ Fa��{� r�u'^a���
WELL.S FARGO TRUSTEE
�ii�'LL5 FARGp TRUSTEE
FUND q2 TQTpL
�ur�� e� �a�r��
FUNL 07 TOTaL
�UND i2 TQTAL
FUND 15 TOTAL
FUN� 23 TOTAL
Fl1Nil #2 TC#TAI.
FU N Q 75 TO T A�
FUND lb i'OTpL
FUNO 77 TOTpL
FUNL ?8 T4TAt�
TOTAL
I7EM OESCRIFTION
JU tiE PRE M
JU(vt PREM
JUNE PR�M
JUNE PREM
JUNt PREM
JU�E PREM
JUNE I.TD&�. W /H
�u�� �.�o ��
JUNE L.TD &L
JUNE I.TD&l.
St Treas Pera Pera 4j30 PR
Int Rev Svc FIT W/H 5/14
Dak Cty St Bank PR Savings 5/14
St Cap Cr Un "
City Mh Pr .�cct Net Payrall 5/14
Mn S� Fire i�e�t Assn 1982 Dues
AMM '- � " , 5/26 Reservatians
Comzn Rev License
Oakcrest Kenne].s Balance May Svc
Ton Knuth Mileage
GRA�iD TO'�'AL
y% ,i� �,,�
r. ;r,a:}?, .
'w�t{!kE'9J6!:
ACC QUN T N I I
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02-4245—�21-2t
tfl-42�5—� 4�-4t
41-4245—�.5� -5�
�21-4245-11�-It
05-4245-105-1`.
t31-2�J74—�00-G�
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01-4246-1.7�-7G
01-4246—? 2�-20
CITY OF MENDOTA HEIGHTS
MEMO
T0: City Council
May 27,,1982
FROM: Orvil J. Johnson
City Administrator
SUBJECT: James F. Kilburg
Appointment to Volunteer Fire Department {
James Kilburg, of 543 John Street, has completed the several equire-
ments in the process of making application for the Volunteer Fire epartment.
Chief Noack has submitted the application processing form indicati g that he
has discussed a number of volunteer firemen activities with James ilburg.
Mr. Kilburg passed a physical examination on May 10 and therefore as
completed all the steps for becoming a volunteer firemen. �
I spent sometime with him in order to determine his interests in this
civic activity. He convinced me that he is genuinely interested i being
a part of the community, he is a new resident of Mendota Heights, aving
just moved into a new house on John Street. He graduated from Hen y Sibley
in 1974 and has attended Vo-Tec schools, both in St. Paul and Rose �unt.
He has worked as an electrician since 1980. I
I would recommend that he be appointed as a Volunteer Firemen in
accordance with the provisions of Ordinance No. 101. His appointm nt will
result in a volunteer fire department strength of 31 members; 33 i the
authorized strength. ;
cc: Chief Noack
CITY OF MENDOTA HEIGHTS
PLANNING COMMISSION MINUTES
MAY 25, i982
The regular meeting of the Mendota Heights Planning Commission was
order by Chairperson Kruse at $:OS o'cl.ock P.M. The tollowing meml
present: Kruse, Blesener, Stefani and Butler. Burke, Frank, and ]
exensed. Also present were Planning Cansultant Howard Dahlgren anc
Works D irector Jim Daniel.son.
called ta
�ers were
iowe were
Public
APl'ROVAIa OF Minutes of the April 27th meeting had been su mitted with
MINUTES the agenda. Blesener moved, secanded by Stef ni, that the
minu�es be approved as submitted. Voting: a 1 ayes.
CASE ��$2-07, Dr. Patrick Ballard was present to explai.n hi
BALLARD, SIGN He nated that he is in the process of purchas
VARZANCE office on the third flaor of the City Office
thaC he would like to hang a"Dentist Ofiice"
the iawer part of the existzng direc�ional si
is currently in place between the driveways t
Gounty State Bank building. Dr. Ba].lard nate
Richard Stryker, from the bank, could see not
this propasal. Iie also noted that he would a
specified period af time if this variance was
he felt that a twa year period o� time wauld
a one year period. ,
There was same discussion by the Commission m
to allow a si�n fpr a specified period o� tim
scheme is prepared for this and other possibl
the future. i
application.
ng a den�ist's
uildi.ng and
sign onta
n that
the Dakota
that
ing wrong with
ree to a
granted, but
e be�ter than
bers on whether
whil2 another
tennants in
PZanner Dahlgren noted thaC the apgearance af the building
would be better if a building sign were��put i place on the
building. It would not be enhanced by a hang ng si�n under
the exista.ng City Ha11 sign. ;
After further discussion, Stefani moved ta r
variance request be disapproved. Blesener se
Voting: all ayes.
d that the
the motion.
Stefani �nade a recommendatian ta Cit staff t cantact Mr.
5tr ker, notin that the Plannin Commission 's concerned
that the tennants are in need of some visibil'ty and a scheme
should be prepared for the applicatian of sig
to the buildin� exteriar Butler seconded the
Stefani amended his recommendation that na sn
developed, just that a long range plan be re
Voting on recornmendatian: a11 ayes.
CASE ��82-08, PAR 3 Mr, Jerry Murphy was present representing Par
WETLANDS PERMIT He noted that he did not have any further inf
than what the Gommissian had already seen, bu
present to answer any questians they might ha
his application for a wetlands permit to part
a pond on the sixth hol� of the course.�
probably
tion.
fic scheme be
red.
3 Golf Caurse.
rmation ather
that he was
e regarding
ally f ill
Planning Commission Minutes, Page �tao May 25, 1982
As was noted in the reports, there will be approximately
135 cubic yards of fill placed in a portion of the pond.
There will be no significant loss of ponding function.
The fill material will probably be excess highway fill
from one of the projects going on now and that it will
be hauled in as soon as it is available. The commission
members advised to be sure that the fill does not enter
the drainage system.
After a brief discussion, Stefani moved to recommend
approval of the wetlands permit for Par 3 Golf Course,
to allow fill of approximately 135 cubic yards to be
placed on a portion of the pond on the sixth hole, and
that care be taken to eliminate any unne�ssary siltation
of the fill dirt and waiving the public hearing requirement.
Butler seconded the motion. Voting: all ayes.
CASE ��82-09, Mr. and Mrs. John Severson, 717 Pontiac Place, were present
SEVERSON, to explain their requested variance to construct a garage
VARIANCE addition to their existing garage, thus converting the
back portion of the garage to a family room and leaving
the front portion plus the addition as a garage. The
addition would extend 12 feet in front of the existing
garage, which would then be 20 feet from the City property
line. Mr. Severson requested permission to add one more
foot to their garage addition, on one corner only, to allow
better traffic movement inside the family room. He noted
that he had written permission From the one adjoining neighbor
to the south.
After further discussion, Blesener moved, seconded by Butler,
to recommend approval for a garage addition at 717 Pontiac
Place, which would be 19 feet from Pontiac Place, thus
granting an 11 foot front yard setback variance. Vote: all aye
RESIGNATION Chairperson Kruse advised the commission members that he had
received a phone call from member Kevin Howe, stating that it
would be virtually impossible for him to attend Planning
Commission meetings in the future and that it would be best
if he resigned from his position. A letter to the Mayor
indicating his resignation should be forthcoming.
SENIOR CITIZEN Mr. Jack Klepp, from the A.H. Wilder Corporation was present.
HOUSING He noted that he would be in charge of a feasibility study
for senior citizen housing in the City, and that any costs
associated with the study would be paid for by the Wilder
Foundation. He explained that he was requesting possible
sites and asked for input from the commission members. He
asked what the members thought the neighbors of several
� sites might feel about the possibility of a 3+ story senior •
citizen building in their neighborhood and asked for a ranking
of several different sites as to their suitability.
Y
Planning Commission Minutes, Page Three May 25, 1982
Chairperson Kruse noted that the commission m mbers may
wish to make informal comments, with the righ to change
their minds in the future.
Public Works Director Danielson gave a brief ackground of
action taken at the City Council meeting of M y 18th, which
involved several representatives of the Wi1de Foundation.
There was much discussion at the table, while the members
pointed out various sites on a map. '
�
Commission member Butler was excused at 9:15 .M.
After further discussion, Chairperson Kruse a journed the
meeting at 9:25 o'clock P.M. to allow for an nformal
session with Mr. Klepp. ,
VE1tBAL REVIEW Public Works Director Danielson gave a verbal review of
cases that had gone before the City Council.
MISCELLANEOUS Public Works Director Danielson advised the c mmission
members of the status of ttie LAWCON grant app ication and
that the School Site had been turned doran, bu that the
City had submitted anoCher application for th Wachtler
site property. ,
Mr. Danielson also advised of the Jim Gryc pr posal for
single family development north of the Par 3 olf Course.
He also advised the members of the David VanLc
case that had gone to trial, and the possibil�
City may appeal the decision. �
ndschoot
ty that the
►QTC V. DOMENICI, N. MEX.. CHAIRMAH
WILLIAM l. ARMSTRON6. COLO. ERNBST F. HOLLING3, S.C.
NANGY LANDON KASSEMUM, 1(AN6. I�WTON CHILE3, FLA.
RUDY 60SCJ�W�TZ, MINN. JOSEPN R. BIDfiN, JW., OEL
ORRIN 6. NATCH, llTAN J. BENNETT JOHNSTON, U.
JOHN TOWER. TE%. JIM SASSER. TENN.
MARK /WDREWS. N. DAK. GARY HART. COIA.
STEV@/ O. fYMMS, IDAHO HOWARD M. MEfZENBAUM, OHIO
CNARLC9 GRASSLlY. IOWA DOHALO W. RIEGLE, JR., MICH.
70BERT W. KASTEN. WIS. DANIEL PATRICK MOYNIHAN� N.Y.
7AN WAYLC, IND. J. JAMEB EXON. NEBR.
6NDH GORYON. WA9M.
LT[THEN lELL. STAFF DIRECTOR
� LfZABHTH TANKF1tSLHY, MINORITY STAFF DIRECTOR
c
h
/
�
's?J C�zf e� ,��a�e� ,$�e�aie
COMMITTEE ON THE BUDGET
WASHINGTON, D.C. 20510
May 21, 1982
Orvil J. Johnson
City Administrator
"""'750 South Plaza Drive
Mendota Heights, MN 55120
Dear Orvil,
Thank you for contacting me about the earmarking of
federal funds to complete a stretch of interstate highway
(I-35E) located in the Twin Cities. I appreciate hearing
from you on this important issue in Minnesota.
I have personally contacted Senato Mark And ws
(R-North Dakota), Chairman of the Sena e Subcommit e on
Transportation and Related Agencies, egarding this issue.
Because Congress has not yet agreed a Fiscal Yea 1983
budget, it may be several months bef�re we will kno the
exact funding to be appropriated fo this project.
However, I remain hopeful about thi project and ill cont
to work to see that this stretch o I-35E is co leted.
Again, thanks for contacting me. �
i�
, �..�ely,
RB : bmm
Rudy Boschwitz
w�c�:v,��
�� i l-1if !.r '� t.` r. _
ue
May 2.8, 198
Mayor Robert G. Lockwood
City of Mendota Heights
750 South Plaza Drive
Mendota Heights, MN 55120
Dear Mayor Lockwood:
I wish to take this opportunity to express our appreciation f r the
outstanding condition and maintenance of the pleasure and hockey r'nks
during the 1981-82 skating season.
From an October discussion exploring rink preparation and mai tenance
options to ice out time, the Parks commission and Park staff were ealistically
responsive to inquiries and requests. ;
Tn particular, Dick Ploumen and his staff must be commended f r their
�fforts. They, with us, explored numerous options and then develo ed a
method to provide good skating ice without adverse financial impac to
Mendota Ha:io;hts. During tt�is past year we, in Mendota Heights, en'oyed the
best skating ice in several years. Some will say it was the weath r, but let
me assure you that the innovative approach and efforts of Dick and his crew were
the primary reason for good ice. As stated earlier, these guys mu t be
commended for a job well done!
I look forward to the opportunity to work with the Park Commi�sion and
staff and Dick Ploumen and staff during the coming year.
P.S.
Sincerely, �
� �..u-�-�� f'�• � �
�
David H. Zemke
Hockey Commiss.ione
Mend-Eagan Athleti Association
We in Mendota Heights must have the most dedicated maintenan e
personnel around. Where else do they voluntarily sleep over in
the maintenance garage so that the winter storm would not pr ve
them from getting to the equipment and get on with the plowi g.
THANKS GITYS ! ! !
cc: Orvil J. Johnson, City Administrator
Richard Ploumen, Public Works Supervisor
Thomas Bayless, Park Commission Chairman
t
h1E�IC7 s, ,
p�1�� : May 26, i982
TO: City Council
FROM: Paul R. Berg
Code rnforcement Oiricez
Si3c�JECT: �uildinq 71c�.ivit�r Retl��rt iur May, 19$2
CURREPdT :�;0?3i':i YE:��2 T� (�IiTE - 198
N4. VALUtiTZO?�1 :'E� COi,,I,EC`?'Fi? A:O. STiiLUATIO.:
Bi.DG F'gg.:•iITS .i._... __ T_.___. -- I --- -- --
sx'D 1 24,470.OQ 2$1.33 � 13 1,248,062.88
C/I 1 1,500.00 50.00 i 10 2,SI8,850.00
:•�xsc. 16 29,233.27 584.03 �� 33 226,976.72
Sub Tatal 18 55 193.27 915.36 � 56 3,993;889.60
� �
TRD PER��IITS .
�lb� 3 69.00
Wtr 5 25.00
Swr 3 52.50
xtg, A/c 4 211.00
& Gas Pipe
Sua Total 15 357.50
LICE:��SI:�1G
Contractor's
Licenses 10 250.00
TO'rAL 43 -55,193.27- 1,522:86---
18
20
14
3Q
82
I33
271 3,993,889.60
Y�:1R TU Drl'I'E - 19�7,
FE� Ct7I,7.,�.'CTEL} AiO. t,'�'1LL?AfiIORJ
8,839.90 � 23 1,406,818.40
11,229.38 � 3 770,071.Sb
1,881.p1 6Q 251.,663.61
�
21,950.29 � 86 2,42$,553,57
460.00 # 22
1.00.00 � 1.7
245,00 22
3,754.50 34
4,559.50 � 95
3,325.00 i 133
__ �__..._ i �.
(
29,834.79 - 314
FEE`', CC�.'`�i,ECTF,;D
1.4,400.77
3,931.71
7,357.11
25,689.59
396.00
193.00
384.00
1,524.50
2,497.50
2,$75.00
2,428,523.57 - 31,062.09
NOTE: All fee amaunts exclude Sac, ��7ac and State Siircharre. Amounts shotian will re£l�ct c,nly ��ermzt, ��lan ci�eck fee and
valuation amounts.
� . . ..��.�
�
LIST OF LICENSES FOR APPROVAL ON JUNE 1, 1982:
Advent Custom Homes
Dan Anderson Construction
Loeffel-Engstrand Company
Midwest Fence & Mfg, Co.
Peterson Maintenance Corporation
Al Sieben Construction
Churchill's Home Heating & Cooling
Churchill's Home Heating & Cooling
Eagan Excavating Co.
Husting & Engstrom, Inc.
General Contractir
General Contractir
General Contractir
General Contractir
General Contractir
General Contractir
Heating and �Air Cc
Gas Piping ',
;
;
i
Excavating LicensE
Excavating License
itioning
F�ppl.i. can�
i,�ne:
Ca�e Na.
Czty af I�3endota 3-3Ei.��hts
�"c3}�O�c3 CC7l7T1t.�Ir A1.1,tlilh�Otc�
,�PPL:I:C��TION FOI2 CONSIL7FRA'1'ION
. �' Q � .
��I�ANNZNG F2EQUEST
Da�.e of Applicat3
r ee Paia s/� /f �-
� !�- � � �--/� �
zJ � s �_______.__..
:�ddress : �750 _ S+c� �,c�__i (�n ;
I�u,nb�r and Strc�et
� �-�t
I�irst
�?1�
Own�r
?�� a m�: � C. f*� A- /; � S Y-� yGC �/C
I.,�st r�'irs�
Initlial
t.�:1�a t(-�. l.4�f-: I�i %:,. �. S.� t'� o
City Stat� Zip Code
Telephone NO. � j� �- -�� ��
' �.nl�ch.al
?�dd.r�ss: %�'4 .,S'9�r`�. F'(qz� Qs^, - r`'�.cKr�of-� 1�s ��-�,
Z�us�bcr �3n� Str�et ~ Ciiy "State
Strect Loca�t.ion a:L- Fra��crty in t7u�stian
�s � �....��c _ � G o �-c. � __�.....____ _�_._._ '
L�c�al D��criptian o�' Proper��y:
.SSJ��
�ip Cad�
T�T�:e nf Re�l��s-L- : �_ � �Reraning
�/` Va:ra.ance
.�__.__ - C��diti.onal Use ��rmi
�� � �Subc?ivision Approval
� Plan Approval
�__ Conditional U�e Permit for .U.D.
Minor Conditional Use Ferm't
I2ezaning �
, ��
_ � Wetlands Perma.t , -
Other I
, �, ..
•,, ..
Appli,cabl� Villag� Ordinancc� Number
Prnsettt 7aning of Praper�y:
Present U�e a£ Praperty:
Prapo�ed 7oni.ng o� Prop�rty: �
Prc�po��cl Use of Prop�rty:
�a � Secti
- � -� �
��` �
Number of p�apl� int�nded to live or work an premises:
Numl��.� ��L off--str�et parkinc� sp�ces proposed
I her�'.;y d�clare tha� �11 statemc�nts made in thas requ�st nd on the
additional matcrit-�1 are �:.ru�.
/''o�'�' > �+��.-2.��
5ignat�re o� Anp.licant
L/ Q l.G
�G'CE..'2VE'CZ �J�7 t �l��.E.' �
�o��. Th� follo�ti7ing plai�s sh3.11 �e cirawn and a�;tached to I�is applicatic
A, Ar,y,l1,Lations inva.lvit�g a Vara.ance shall submit the £ollawing plans:
I�ate Fcwct�ivcd Snit�al
l. �ite Dcvelaprnent Plan �
2. Dimension Plan
3. �_���ndsc�p� P? an —_ _ � ... .
�1, vr�ding Plan
B. App.la.ca�.iC�ns znval.ving a Rezoning ar a Condi.tional U�e Permit or Subdivision
sha11 submit th� following:
1. S};rtch �'1an
2. Iabstractora Cc�rti�icat� ._ .
tI� Subdivision .involves cutting '
of exi�tinc� parcel into ttao
ar rnor� la�.s. }
APPLICATION FOR
SIGN PERI�t�
CITY OF MENDOTA HEIGHTS
0
PERMIT FEE
SITE ADDRE55 DATE
�% S 0 S (I � T � l' j � � �- A ,f . /�f � N D � T �- l� �-4� G � 7'S
PROPERTY OWNER (Nams) (Addros�) (T�lephon• No.)
RICI���o s�r2 �✓,E�
CONTRACTOR (Name) (Address).E /� (Telmphons o.)
•t'T{' /✓Jv� T!'lyr I�vL
�j { p vl/ A-Y S r e N C f� � P�- �v Y.�' �u�: , sf. �=, w1 �u s s c a�- 6� 5' •- ti I B�
Type of Building Construction Used As Building To Be Complot�d
U t.�,va r( C c4vta ( Old ❑ New ❑
E:timafed Co:t Contractor's City Licenw No. building Pormit No.
Zi�o��r �
TYPE OF SIGN WALL O ROOf � PROJECTING O
GROUND 6d MARQUEE O TEMPORARY ❑ OTHER I
T A �1 I
MAX. DIMENSION _� S_�. wi•�. Z�/�: VERTICAL FT. I HORI ONTAL .
SIGN AREA � SQ. FT. NO. OF SIDES � DISTANCE FROM GROUND TO SIGN BASE
�
HEIGHT OF SIGN FT. �
eFTBACK OF SIGN FROM PROPERTY LINE fT.
JMINATED YES ❑ NO ►� ALLOWABLE SIGN AREA ON PREMISE
�.
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SKETCH OF SIGN
N
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0
PERMIT NO.
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(�C—,v�r�t� c�� t CC—
SU � rE 3fb
���o�-�; /3�,H� . t�(y,
9- 58 — S' � I S
�.
F7.
SQ. FT.
4CKNOIVLEI�GZA1EI�iT' AND SIGNfITURZ:
Tl�e ��„de,•,r;g�re�l l�ereb�� repre.renl.r �r�ion ald o f!hc �ic�r�!lre.r o f lnrr�, for �be �i�n•po.re o f rnrd��crng Il�e Ci�y o f�14e�ado�a Height.r to lake
/he arnon bcreiir re��ie.rled, /ba/ a!/ .d��enrenl.r l�ereiu are 6ivie nu�l I/.�a� n!! rr.�ork herern menl�onecd ru�ll G done i�r r�ccorcla�rce ri�i/fi
�he Ol'CII)IrJIICCJ o� Ih. e Cr/y o� il [e�rdo/a Fler��/��.r, //�e S/ale o f �19ii�ite.rola, and r�ilin�r o� /he L3�rildrng De m•Ime�r�.
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SiGNATUAB MP R OV ED
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,7'reCi o�. ✓nur/7e, olJ.oCJ.J.
750 SOUTH PLAZA DRIVE
MENDOTA HEIGHTS. MINNESOTA 55120
TELEPHONE 452-5815
May 4, 1g82
Mendota I��eights City Council
T�i�ndota Heights City Planning Commission
750 S Plaza Drive
I�•Iendota Heights Minnesota 55120
Re; Sign Variance
I am requesting a variance to allow me to affix a sig
underneath the existing directional sign located outside t
Dakota County Bank Building. This sign would identify my d
practice and give it some needed visibility from the stree
Furthermore, it would help to eliminate i;he confusion that
results from being right next door to another dental offic
located at 780 South Plaza Drive. The neighboring dental o
must have been granted a variance since his si�n is certai
closer than thirty (30) feet to the street. i
�
i
Since 750 South Plaza Drive is more a�eneral-busines
type office building rather than a medical-dental type fac
I feel my situation is differant enough to urarrant this re
I�de are trying to provide a good health care service to the
citizens of P�Iendota Heights right in their own villa�e.
.�t present the existing sign is not exclusively�used
the City since it also gives directions to the bank. Our s
would retain the professional image of the present si n an
be a aesthetic addition.
I have discussed this with Mr. Richard Stryker, who 0
the building and he has no objections. He signed the accom
anying letter giving his permission. i
�nc (1 )
Sincerely Yours,
���--` ���.�-��
Patrick T. �3allard, D. D. S.
tal
ice
ity
est.
s
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5'�ott �. �'��z���, .�. `7�.�.
�red ol.. �harre, .a..C.J.oG.J.�
�sa souT� ��azA oR�v�
MENDOTA HEIGHTS, MINNHSOTA 5552d
iEIEPkSONfl 452-5815
April 30, 1�82
T'lanning Commissa.on
C�.ty and Caunty affi.ces
Dako�a County Bank �31dg.
P�endota �ieights P�II�t 55120
Dear Howard; ,
I hereby grant permissa.on -�o �'he I+'amily Dental A:
to erect a sign. desi�,�n.ating their dental office in thf
County Bank Building. This sign. is to be affi�ed �un.dei
the existing sign between the driveways located ju�t r
west of �he building. This �.s ta be a double-faced si€
and half fe�� wide by twa �eet hi�h.
Sincerely,
�
) � r
� n.,�=_ <1 %�W;�;U ,� �
Richard Stryk�r
ociates
�akota
eath
three
25 May 1982
PLANNING REPORT
CASE NUMBER:
APPLICANT:
LOCATION:
ACTION REQUESTED:
PLANNING CONSIDERATIONS:
0
82-07
Patrick Ballard
Mendota Finance Center (City
Approval of a Variance to Sign
Building)
ulations
1. Patrick Ballard is a dentist contemplating the purchase of an exi ting
dental office located at 750 South Plaza Drive, which is, of cour e, the
"Bank Building" and location of the City Hall. In conversations ith
Dr. Ballard, he indicates grave concern over the future success o the
practice without some form of external identification. �
i
2. Attached is a letter from Dr. Ballard, and a sketch of the proposf
The sign you will notice is 3'6" wide by 2' high and is proposed 1
attached under the existing sign which identifies the bank and thE
offices located just south of South Plaza Drive between the entrai
the bank parking lot and the parking lot serving the City offices
office space in the structure.
i
3. The sign that exists was granted a variance as to its location in
Attached is a copy of our report of 28 June outlining the conside�
for that sign. The variance was granted based on a specific sign
and predetermined notation on the side. Thus, to add to the sign
time, a variance is required.
4.
S.
;d sign.
:o be
� City
ice to
and other
1977.
-ations
size,
at this
We are concerned about two things: (1) the establishment of a pre edence for
external identification of all the businesses and possible profes ions that
might be in the building, or other future general office building in the
community; and (2) the impact of the "image" of the sign and the acilities
it now identifies.
As you all know, when a general office building and/or a�rofessi nal
building is developed, it is not the normal practice to identify very
occupant with an external sign. In the case of a clinic operated by a
single medical practitioner or professional group, such identific tion
is normal and is one of the reasons such separate buildings�are b ilt.
We can sympathize with Dr. Ballard's problem, which Yie states is ne of
achieving identification within the community inasmuch ��s he is n w.
In the event the Planning Commission and Council wisl� to corisider it, one
possible compromise is for the allowance of the sign to be added o the
existing sign for a specified period of time. Such a period migh be one
year. The problem with this is that when the sign is removed aft r one
year, the uninformed public may assume that the office h�s been c osed.
I
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�
CITY OF MENDOTA HEIGHTS
MEMO
T0: Planning Commission
FROM: Paul R. Berg
Code Enforcement Officer
May 19, 1982
Jim Danielson
and P.W. Director
SUBJECT: Case No. 82-07, Ballard, Sign Variance
Dr. Patrick Ballard, D.D.S. has applied for a variance and has completed
a sign permit application form requesting permission to allow an attached
Dental Office sign on the existing City Office directional sign. The present
sign is one foot from the Dakota County State Bank north property line on
South Plaza Drive, between the two westerly driveways. The existing directional
sign was reviewed by the Planning Commission on June 28, 1977, and on July Sth,
the City Council granted a 29 foot variance to allow the sign to be installed.
Dr. Ballard's sign is to be two sided, measuring two feet high by three and
one-half feet wide (seven square feet of sign).
We can see no technical reason not to grant this variance, however we are
concerned about setting a precedent. If the City allows some individual tennants
of an office building to have a"tack on" sign to the building sign, other
tennants will undoubtedly be before you with the same request.
,
�.
CASE NUMBER: 82-07
APPLICANT: Patrick Ballard
Perhaps, by that time, however, the doctor and his practice may
� enough known where that will hot be a factor.
6. We have informed Dr. Ballard that the owner of the building has
to attach additional signs to the structure, inasmuch as the am
signage allowed on the building has not been exceeded.
Page 2
�e well
right
of
Dahlgren
June 2t�i Ig%7
PLANNING REPORT
CASE NUMBER:
APPLICANT:
LOCATIOT3:
AC7ION REQUESTED:
77-19 •
City of Mendota Heights
Entrance to New City Hail and
Bank Expansion
Variance to�Sign Setback
1. As you know, the City has now moved into its new ouarters in the
expanded bank building, which inciudes a nev�� council chamber and
meeting room. As there are separate driveways leading to the
entrance to the City offices and for thase leading to the bank
and police denartment, it is essential that there be a sign directing
the public to the proper driveway.
2. Ihe City therefore, proposes to cortstruct a sign between the t��vo
entrances (under the tree where the existing temporary sign is
located) so as ta direct people ta the proper driveway. A11 set-
backs for such a sign would be thirty (30} feet. In this case,
however, it is abvious that a sign located thirty (3Q) feet back
wauld not properly prefarm the desired function. We have viev�aed
the site with Chet Pearson from the City and have recorranended that
the sign be placed one {1} foot from the praperty 1ine, between the
two driveways.
3. ihe sign would be four faot, four inches high by seven faot, seven
inches wide and p]aced four and a half feet above the ground. The
four and a half feet is irnportant in as much as traffic coming from
the City Hall entrance will be able to see under the sign to observe
traffic on the raadway itself.
4. A large scale drawing of the sign wi11 be available at the meeting
for your review. The sign shall have the faliowing information on
it:
City Offices (with an arraw indicating next entrance)
Above that G�ill be a notatian indicating bank en�rance
and police department (with an arrow indicating this
entrance}
You will recai] at a previous meeting, having approved a similar
sign at Highway �9 wherein it was deemed essential ta have a sign
located contiguous to the right-of-way for identification purposes
of the office structure locaied at that sight. We feel that the
sign as propased will be the most appropriate and efficient in
directin� the public ta the bank and City office faci3ities.
Case No. `�'-� �
. City of M�ndota I�eights
Dakota County, Minnesota
'�,, � APPLICATION FOR CONSIDERA'i'ION
� �• of
• PLANNING REQUEST
Date of: Applica ion j=/7-�'Z
Fee Paid � $'S - �� �/7-
�pplicant '
Aame: Y1r1U2�1�_ _ � `%C22
Last First � In'tial
�ddress : I y 1 � �o,�o � c� , l'l_ �//
I�umber and Street City State Zip Code
Own�r / Telepho e NO. �7 ����o
ATame: �, /���$�9 �tu�� Z ///f�0�� �
, Last First
A d d r e s s:��( / b �r!'! r/2 / C>91v /�!�i9 %,C�A,tJK
Number and Street City
Street Location of Froperty in Question
/l�• y� ,C�od�I �o� n
Legal Description of Property:
Type nf Requ�st:
I� -
�
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; In'tial
� :� �� � 5 � � d �
State Zip Code
� � Rezoning �
Variance '
Conditional Use Ferm't
Subdivision Approval
� Plan Approval
/,�T�,,�,,, P,�,„,,... Other (Specify)
�
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a �+ � ^ i � , , '
TO: Mendota Heights P].anning Commission
FROM: Jerry Murphy
SUBJEC2: Mendata Heights Par 3 Golf Caurse
Wetlancl Permit
I��
� � � � � '�f.
May 17, 2982
0
On the sixth hole at the Par 3 Galf Course, there is a delightful pond which runs
parallel alang the sauth side of the fairway, The pond extends well out into
the fairway creating a very hard hole especially for the lady galfers. In past
years a sec�ion of pasture on the north side of the fairway was cut and
maintained as fairway to keep the fairway width reasonable. Last winter the owner
of the pasture reclaimed �his seetian of the fairway. It is his stated intentian
to sell off this land as home sites. This has left the golf caurse with a
problem. There is only about 40 feet o� fairway re�naining between the �ence anci
the pond, normal fairway wa.dth is approximately 80 feet. As a result, an abnormaJ.
amount af golf ba11s go into the pond creatinc} a bottle neck on this hole slowing
play considerahly and even sta,pping play when someone goes wading for their golf
bal1.
Our request is that we be allowed �o fill in a portian of the pond per �he attached
plan. This is estimated to be 135 cubic yards.
Sincerely,
' '%
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t.. ,� '
..�
'A yl •'�'��`,r-�;,,�i�,�
1,
Jerry Murphy ��
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25 May 1982
PLANNING REPORT
., CASE NUMBER:
APPLICANT:
LOCATION:
ACTION REQUESTED:
PLANNING CONSIDERATIONS:
��
Gerry Murphy
Par 3 Golf Course, Northwest
Bachelor Avenue and Dodd Road
Approval of Wetlands Permit
1. Gerry Murphy is a consultant to the Par 3 Golf Club operation noz
Bachelor Avenue. The fairway on the sixth hole has been decrease
width by the movement on the fenceline along the northerlyipropei
In the past, the fairway had extended into the northerly propert�
undue concern on the part of that owner till now. At this'point,
owner proposes to sell and/or develop the land, and thus the golfl
is now confined to its own property.
r of
th of
3 in
ty line.
without
that
course
2. This creates a condition where the fairway width north of a pond that
exists on this fairway alignment, to 40 feet. As a result, many golfers
are now dropping their balls in the pond (most frustrating!). G rry
Murphy therefore suggests that an appropriate solution is to fil a portion
of the pond on the north side constituting a land area of approx mately
3,600 square feet. He estimates this will require 135 cubic yar s of
fill.
3. Consulting with the Public Works Director, Jim Danielson, and Ed Kishel
suggests that the fill proposed would not impair the functioning of the
pond as an interim ponding area. This pond, as you will note fr m their
attached report, is a part of the drainage system serving the go f course
and developed properties to the south. The Wetlands Ordinance, s you
know, identifies this pond as a part of the wetlands drainage sy tem, and
the intent of the Ordinance is to retain this system intact wher ver
possible. The width of the intrusion into the pond is 40 feet a its
maximum point. The pond depth at this point, Mr. Murphy tells u, is
approximately a foot and a half (l�) at its deepest.
4.
�
We believe that the existance and function of the Par 3 Golf Cou se in
the City has been and hopefully will continue to be an important asset.
Though we are not expert golfers, it appears obvious that the na rowing
of the fairway as it exists today is a serious impediment to the continued
operation of the course. Assuming the deposit of the fill will ot impair
the functioning of the ponding facility, the proposed improvemen to the
fairway may be more important than the retention of the pond in ts
current dimension.
CASE NUMBER: 82-08
APPLICANT: Gerry Murphy
�
Paqe 2
5. Attached is a topographical map indicating the proposed frll area, and a
copy of a letter from Gerry Murphy outlining their concerns.
6. The Planning Commission and Council may wish to consider attaching a
condition to any approval requiring the preparation of a filling plan
designed to impede any deleterious effect on the storm drainage system
as outlined in the Public Works Director's report. Such a plan could be
made conditional upon approval by the staff prior to the depositing of the
fill. •
Howard Dahlgren
t"' '
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' '+ w � CASE N(IMBER: 82-Q$ • .. - ""' �'�
"' APpI,ICANT: ,
. ACTION, Aerry MurphY +`�
• � ` PProval af Wet1 �
, � ' a � � �.1��.� 11,--�• nds Permit "`�+.�.
e
CITY 0� MEND�TA HEIGHTS
I'ui�lu[+;
T0: Planning Commission
May 19, 1982
F120M: Paul it. Berg Jim Danielson
Code Enforcement Officer and P.W, DirecCor
SUBJECT: Case No. 82-Q$, Wetlands Perrnit for Par 3 Golf Course
Jerry Murphy, acting as consultan� for the Par 3 Go1f Course, Iocated
at 1695 Dodd Road, on the northwest corner of Dodd and Bachelar Avenue, has
made application for a we�lands permit. He is requesting to be allawed to
fil.l in a portion of the exisCing pand an the Par 3 course. That pond is
gresently bei.ng nsed as a desiiting basin for th� Ci�y`s storm water system.
Water enters on �he east and flows through the ponds in a westerly direction
to a controlled autlet that was installed in conjunct3on with Bream's
project, Sommerset Park No. 3.
Pravided proper pra�ective measures are follawed to prevent any of the
proposed fill material from flowing inta the City's storm water system, staff
can see no reason not to grant this permit. Staff recommends Chat this
application be treated as a minor development, the requirements for a public
hearing be waived, and the wetlands permit be granted ailawing approximately
13S cu:.ic yards af fill to be placed in the pond.
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Case No, '�
Ca.ty oi �•2er�c�ata lie� ��hts ;7
Dakat� Caunty, i�lar�nesota
�1�PLICA'!'ION FUR CUNS.IllI�,RAZ'IQN
; of
, PLANNING RiaQtJ3,�T
. Date of .Applica ion /1'��y ! ? � 9��
. F e c� a id •�'�""..G9ZJ '� �' ��J`
�pplican� , �
• I.�me: .S�EY�PSd N 7QFiN 1 •
L,�st � - Firs� i In'tia2
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. i�umb�r and S�r�et eity S�a�e Zip Code
Okner
Telephan NO. �+':"c1 ' � ;
' N a m e: � fl rtn � r9 S f1' ��L f �'`� �" �-
� LGst F'irst Ini. ial
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A/�,,..]y �+ �+ 1
tl l,J 1. � J J • �'1
�k,er and Str�et City Sta�e '''�Zip Code
; N��:
Str�ct I,ocaiion of Frop�rty in Qu�sti.on �
7 r 7 f���- ►�� !�c � c E r� �"�!po r,� ���/�-�� ; s .� s/ z�—
, ____ _ __ -
Lcgal Aescriptzon Qf �rop�rty:
l. o T � S %�_ � o C1�' ��I f N ��� t�1 L G S /�'� •�5',�'�
I
�
T�;r� nf ���u��t: R��oz�ing � �
x Variance �
Conc9itional Us� F�xm't
�Subdivision Appra�al
i �P2� n �pproval
! ! �' Canditional Use Permit fa P.U.D.
� �� � Minor Conditional Use Per it
,� 1
Rezoning .y � ;
. �
� Wetlancls Permit :
� Other � '
� . �, .
�
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NOTE: THIS LETTER WAS TYI'EI} FRQM THE ORIGINAL HANDWRZTTEN LETTER WHICH WOULD HAVE
BEEN DIFFICULT TO READ WI�N DUPLIGATED.
Mendota Heights, Minnesota
May 17, 1982
City Planning Commissa.on
City af Mendata Heights
Mendota Heights, Minnesota 55120
Gentlemen:
Re: Variance for Improvement to residence at 717 Pontiac l?lace, Lat 25,
B1ack 10, Friend].y Hi11s Re-Arr.
We wish ta intprave our home by additian of a family room by converting part of
our present attached garage to connect w3.th our present kitchen and living roam. This
entails extending aur gresent garage eas�erly toward Pontzac Place �o a point twenty
feet westerly fram the city property line alang Pontiac Place. This will require a
variance of six ox seven feet, more or less, depending on final determination af the
city praperty Iine. Best informatian available at this time indicates a variance
requirement of six feet. A site plan is to be filed by Bjorklund Construction
showing the boundary line.
We have expl.ored the possibility af addi.ng to the back of our house, but are
precluded from this because of proximity to our neighbars house on the sauth, and
restrictions on canstxuction wifihin ten feet of a swimming gaol installed in 2973,
prior to existing Iima.tations. In summary, there is no room ta add elsewhere.
The praposal would have minimal effect, if azty, an our neighbors if the praject
is carried ta completion. No picture windows or back yards face the proposed
add�.tion, Our immediate neighbar to the south, Mr. and Mrs. Roger P1ath, 722 Pantiac
Place, have no objections and a letter from them to that effect is attached. Please
note that the variance for the extensian now being cansidered is Iess than that
contained in the letter signed by Mr. and Mrs. P1ath.
Limiting the variance to 20 feet from the city property Iine will provide ample
room for off-street parking. There will be more than ample sight clearance �o the
intersectian af Pontiac Place and Cheyenne Lane. It can also be noted that there is
no residence directly across from the proposal as our driveway extended runs into
Ocala Lane.
Your consideration af this variance req�uest is earnastly requested and favorable
action will be sincerely appreczated.
Yours very truly,
John R. Severson
P.S. Any construction work wil1. be done by a reputable contractor.
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CITY 0�' MENDOTA HEIGHTS
MEMO
T0: Planning Conanission
FROM: Paul Berg and
Cade Enforcement Officer
SUBJECT: Case 82-Q9, Severson, Variance
May 19, 1982
Jim Danielsan
Public Works Director
Mr. and Mrs. Jahn Severson, 717 Pontiac Place, have made appla.catian
requesting a ten foot variance to the front yard setback, They are proposing
to enlarge the present garage and convert the back portion to a family raom,
thu� allowing for a garage plus a family room.
Originally the Severson's had proposed a 16 foa� addition to the garag�
which would have required a 14 foot front yard variance. After staff informed
them of the Council policy limiting front yard setback. variances in Fri�ndly
Hills to ten feet, they adjusted their plans to camply.
Because of their limitation on expansion ta the rear yard, staff can iind
no reason naC ta granC this request and recommends approval for a ten foot
frant yard variance.
,
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25 May 1982
PLANNING REPORT
CASE NUMBER:
APPLICANT:
LOCATION:
ACTION REQUESTED:
PLANNING CONSIDERATIONS:
82-09
John and Elizabeth Severson
Southwest Corner of Cheyenne Lil
Pontiac Place (Friendly Hills)
Rpproval of Variance to Front
and
d Setback
1. The Seversons propose to put an addition on the front of their h use,
constituting a portion of a new garage. Attached is a copy of a site plan
indicating the location of the existing house, pool (in the back yard),
and the proposed addition. When meeting with them last week (Mo day),
there was some question as to the exact distance from the existi g
southeasterly corner of the garage (but it appears that distance is close
to 31'6"). Their proposal was to extend the garage approximatel 16 feet
into this front yard area. This would appear to leave a distanc from the
front of the garage to the property line of approximately 16 fee , inasmuch
as the garage is at an angle with the front property line.',
;
+
2. We informed the Seversons of a policy set by the City Council on 18 September
1979 which reads as follows: '�
3.
�
Variance Policy. It was the concensus of the Council tY
a policy should be adopted which would limit considerati
of front yard setback variances to applications for
variances of 10 feet or less. The primary concern was t
approval of variances which would allow conversion of ga
space into living space might create situations where fL
garage construction might require variances which would
intrude upon the front yards closer than 20 feet from t1-
property line.
After discussion, Councilman Losleben moved the adoption
of a policy limiting front yard setback variance
consideration to those applications requesting variances
of 10 feet or less, and requiring submission of a plan
showing how a new garage could be constructed in such a
� way as not to create the necessity to consider additiona
` future front yard setback requests (in those cases where
an existing garage is being converted to living space).
Councilwoman Witt seconded the motion. '
In view of this policy we suggest that they adjust their pla
to allow a minimum of 20 feet between the new garage and the fr�
t
n
at
age
ure
Iz so as
�nt
0
0
CASE NUMBER: 82-09
APPLICANT: John and Elizabeth Severson
%
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Page 2
property line. The purpose of this policy is to allow ad�quate space for
an owner to park his car in.front of the garage without extending into
the public right-of-way.
4. It would appear that the location of this house is such that the extension
of this garage as proposed would not have material impact on contiguous
properties. We asked that they consult with affected property owners and
obtain written approvals for their proposal. '
5. Certainly, in this case the extension of the garage (and reduction of
the front yard) will not have any effect on the site lines at the corner,
which is one of the reasons for maintaining the 30 foot setback from
both streets on a corner lot. It would thus appear possible to consider
approval of the proposal within the City Council's policy of maintaining
at least a 20 foot distance between the garage and the front property
line for parking purposes.
aJ
Howard Dahlgren
f �p �
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NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMP�IISSION
FULL COMMISSION MEETING
June 2, 1932
MENDOTA HEIGHTS CITY HALL
AGENDA ,����
�
I. Roll Call
II. Agenda and Amendments thereto approved by a majority of those
� and voting.
I'' III. Approval of the Minutes of the May 19, 1982 meeting. ;
'``i%i'„�'" 6,i' '��� " � "� ;
,-�:' �.IV: � Recital regarding communications to the board. j
' ���; , • � I
�� V. Review by the Chairman of the activ�ities of the Executive Comrr
''` since the last regular board meeting. �
� .* � �
•VI. Liability Insurance. i
. ,
VII. 1982 Budget. �
I
,
VIII. Cable Company presentations. � , !
IX. Speakers•Bureau. ,
� X. Other Business. � ;
XI. Report of Officers.
�XII. Presentations by in�erested members of the public at the meeti
to be heard on matters not included on the Agenda. .
, XIII. Iniation of sub-committee activit�ies. �
� r� . ,
� ' XIV. Adjournment.
��� �� � ��
,1_t��.l,I�
.� U;� - i 19$Z
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present
ittee
J
wishing
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NORTHERN DAKOTA C4UNTY CABLE GOMP�IUNICATIQN5 C4P�i�lISSIQN
EXECUTIVE CQP�IMITTEE
MAY 25, 1982
1'his meeting called to order at 7:34 p.n�., by Chairman Dave Zer�ke.
Present at t��i� meeting: Dttncan Saird, Paul Tatone, Ken Na��son, Dave Zem;ce and
Legal Consultant Aarian Herbst.
Discussed the possibility of hiring an Administrative Assistant who can type, take
minutes, answer any inquiries regarding the NDC-4 Cable status and perhaps even '
represeni our Cammission at public meetings or com�r�unity group discussions. Duncan
Baird suggested an intern wha could work about 20 hours per week and receive two •
course credits in �he process. Du�can w�ll provide Paul Tatone G,rfth more infor-
matian and Paul wi11 investigate this possibi1ity.
Another passibility could be the use of someone at the Mendata Meights City Hall.
Dave Zemke will contact the City Manager about this possibility.
Adrian Herbst greatly assisted in the preparation af a proposed 1982 Budget. Our
Jain� Po4vers Agreement states that "A propased budget for ihe y�ar 1982 shall be
formulated by the Cammission and submitted to the member municipalities within
six-ty {60} days after the effective date af this Agreement."
A motion by Paul Tatone that the proposed budget of Adrian !-lerbsi be submitted to
the full Commission. Seconded by Duncan Baird. Ma�ion carried,
The Executive Committee believes that the folla��ring subjects should be discussed
at our future meetings:
� A} Special needs programming
B) Interactive services
Cj Access and 1 ocal ori gi riati on
D) Equipment
E} Future potential
F) Market Analysis Cansiderations.
Each week two differen� subjects cou1d be discussed by a cable comoany representative ,.
from two di fferent compani es , eac� represen �ati ve gi ven a 2G mi nu ue prese;�tat�i on
and 10 minutes far questians and answers.
�
A motion io adjourn by Duncan Baird, �ecor�ded by 1Cen Hanson. Motion carried.
Ken Hanson = �
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NORTHERN DAKOTA COUNTY CABLE CO��MUNICATZONS COMMISSZON
MAY 19, 1982
'_ I. The meeting was called to order at 8:15 p.m., by Dave Zemke, Chai�
II.
The follo4ving Directors were present:
Baird - Sunfish Lake
Boelter - Mendota
Hanson - West St. Paul
Harrison - Sunfish Lake
Henderson - Inver Grove Heights
Also present was Adrian Herbst, Legal
of Crawford and Anderson Attorneys.
Lanegran - South St. Paul
Tatone - Inver Grove Heigf
Walker - West St. Paul
Zemke - Mendota Heights
Consultant and Deb Schultz,
n.
its
Representative
A motion by Duncan Baird to approve the Age�da. Seconded by Ken H�nderson.
Motion carried.
III. A motion by Virginia Lanegran to approve the Minutes of the�April 21st meeting
after correcting the spelling of Mary Ann Goads` name. Seconded y Alice
Harrison. Motion carried.
A motion by A1 Boelter to approve the hlinutes of the May 5th tour� Seconded
by Duncan Baird. Motion carried.
IV. Dave Zemke noted the receipt of the Agenda for the May 14th meeti g of the
Minnesota Cable Board, and also a copy of the minutes from their pril 9th
meeting. �
. j
Dave also noted a letter from Dick Joyce of Tribune Company;Cable of Minnesota.
. He requested that copies of Agendas and minutes be sent to him. e stated
that Tribune would pay ahead of time or submit individual checks..whichever
would be easier for us. �
i
A motion by Virginia Lanegran to provide copies of agendas and mi utes, to
, include sub-committees, to anyone that request them to be mailed, for a
charge of $7 .50 per Mon �h . Seconded by Ken Hendti�son. P�lo �i o;� ca ri ed .
Dave also noted receipt of a letter from School District �196 sta ing that
they did not want to become an associate member. �
�,
Dave also received an application from the University of Wisconsi - Extension
Division for a Municipal Administratior. of Cable Television conf rence.
i
U. There was no Executive Committee meeting -- No report due.j �
VI. Adrian Herbst provided us 86 pages of suggestions in regards to c mmittee
assignments. aather than provide everyone with all 86 pages -- nly the
portion covering whatever committee a person is on will be provid d. If a
member wishes copies of other material ne may ask for it.
VII. Other Business . .
Ken H�nderson provided the committee wiih a copy of the personel
�
ter for
t
NDC-4 / May 19, 1982 Page 2�; t
, ,�
the Task Force on Metropolitan Area Cable Communicatians Interconnection ancl
alsa the issues they are to study and offer recommendations.
VIII. Repart of Officers . .
A copy af the Great American Insurance Company $10,000.00 Bond will be kept
on file at the Mendota Heights City E[all. All communities except Sunfish
Lake have paid their s��are of the star� up fund. The current balance is $6,514.85.
A motion by Virginia Lanegran that the $50.00 Appolo Agency bill be paid.
This is for the $10,000.00 Boncl. Seconded by Pau7"Tatone.• Motion carried.
Adrian Herbst suggested that the commi�ttee consider getting liability insurance
for al l cor�mi ttee mer�bers . Ne wi 11 send a 1 etter to Crai g Ki nney and Dave
Zemke providing casts and other infarmation.
A mation by Virginia Lanegran to accept the Treasurers report. Seconded by
Lee u1al;:er. Motion carried.
Paul Tatane asked if some af the funds are-ar-can be used to purchase CD's.
Dav� Zemke wili talk ta Craig Kinney anci ask him ta repart on his findings.
Dave Z�mke questioned same af Adrian Nerbsts' costs in regards to making
cQpies of different committee or sub-committee materials. It was suggested
tha� this question be tabled until same future iime.
IX. Runcan Saird made a motion to adjourn. Scconded by Virginia Lanegran.
Motion carried.
CITY OF MENDOTA HEIGHTS
MEMO
T0: City Council
May 27, 1982
FROM: Orvil J. Johnson
City Administrator, ., �
- �"' 4 �� ... � i
�
SUBJECT: Fire Station Architectural Services Selection � �
il
��
At the special work meeting held on May llth, you acknowledge
the architectural selection process should be commenced. At the t
indicated that we had some 26 firms that had registered interest �
ing architectural services for the proposed fire station. �;
�
The list of interested firms was reviewed by Jim Danielson, C
and myself. Without going into a hard and rigid criteria list, tY
liminary selection was based on experience (both with the City of
Heights and past fire station design), proximity to Mendota Height
knowledge of some firms reputations and some amount of instinct.
submitting two lists. The first list of five represents the recon
firms for Council interview. The second list of three represents
supplemental list, firms that we believe that you may want to inte
1�
I would suggest that the format of interview, length of time
interview criteria be established. If it seems desireable to'inte
than five firms, the additional interviews should be selected�fron
list. I am confident that of these ei�;ht firms, we could select a
well-qualified firm to nerrorm the services that we need. ;
Your further direction is solicited. �
attachment
�
�.
that
e I
provid-
ne Lange
pre-
Mendota
, general
am
.ended
ew.
�nd other
rview more
the second
very
0
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RECOMMENDED LIST
Adkins Association -- Bob .Tackels
901 Jefferson Avenue, St. Paul
Architectural A1liance East
325 Cedar St., St. Paul ,
Robert D. Burow, Architects, Inc.
75Q Sauth P1aza Drive, MendoCa Heights
BWBR Architects
400 Sibley Street, St. Paul
Trossen Wright & Associa�e Architects
161 E. Marie, West St. Paul
SUPPLEMENT.A.L LIST
Roger Johnson-3ames Forberg Assaciates Arch3.tects
1.409 Willow Street, Minneapolis
Charles Novak Architects, Inc.
14750 So. Robert Trail, Rosemount
Peter ltacchini & Associates
716 Third Street, White Bear Lake
�
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CITY OF MENDOTA HEIGHTS
DAKQTA COUNTY, MINNESOTA
.�
• RESOLUTIQN Nq. $2-
RESOLUTION REQUESTING COUNTY TRAIL FUNDING
�c�r
WFTEREAS, th� entire 1en�th of Marie Avenue in Mendo�a Height is
included within the Coun�y Trails Plan; and
WIiEREAS, the Dakota Coun�y Commissioners recently included t e
segment from Lexington Avanue to Victoria ltoad 3.n the 19$1/82 wor program;
and �
�
WHEREAS, Mendota Heights is p�.anning to construct such Csail during
the summer of i982. � ;
NOW T%iEREFORE BE IT RESOLtTED that Che City af Mendata Hea.ght requests
Dakota County to approve funding for the trail on the south;side f Marie
Avenue between Lexington Avenue and Victoria Road. �
Adopted by �he C3.ty Council of the City of Mendota Heights tha.s F'rst day.
of June, 19$2. �
I� �
CITY COUNCZL
CITY OF MENDOTA HEIGHTS
�
�y I
Robert G. Lac'
Mayor �
ATTEST:
Kathleen M. Swanson
City Clerk
�
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• .f ET. PA V L
MMta. • #'
eu�rcrNo
' � bAKatA
� � OUNTX
���
FROM:
SF1BJ
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+ DAKC�TA COl1N'i'Y GC)V[�F2NM�NT CF NTEF2 �
1860 NWY 55 - Hs1STtNl,`�, MlNNE�,fJ7A 55033
ALL DAKOTA COUNTY CIVIL DEFENSE DIRECTORS
May 25, 1982
DALE L. GRIMES, DA(�OTA COUNTY EMERGENCY SERVICES DIRECTOR
CIVIL DEFEPiSE MEETIP�G - h1AY 24, 1982 AT BURNSVII.�E PO�ICE
As a result of our meeting today, please find enc�osed the "revised"
for activaiing sirens for weather warnings and hazardous material sp�
LE t_. GRlMES. ottz�
EMERGENCY SERVICES
TELEPHONE.
612-a37-03a5
''�'.'.mu�i"'L•�
����
� � ������
ARTi�tEiJT
procedures
lls.
In addition, piease find the revised copy of the press reiease that will be
mailing to the media by the end of the week. Once the variaus radio and TV stations
and newspapers receive their coPY, I am sure there will be a numb�r f questions.
Be sure you refer them to my office for camment. Again, this shauld insure
un�formity. !
i
In closing, I wish to thank all the area caunty directors for their nputs and
support on this iask. Piease remember that it is imperative that we uniformi
adhere to these policies and quidelines. �
If you have any problems with the enclosed, call me prior ta making
changes. f
Thank you.
ny in-house
Sincerely, ,
��
�%�
Dale L. Grimes, Dire tor
Dakota County Emerge cy Services
r
DLG/krs
�
'r� AN f=t'�IIAI (�PPP1RTlINITY FMPI ['1VFR
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DAKOTA COUDITY SIREN ACTIVATION PROCEDURES
I. Severe Weather Cond�.tions
A, Na�ional Weather Service Issued Warnings
Severe thunderstorm - rnore than 58 MPH winds
Vex� severe thunderstorm - more than 75 MPH winds
Tornado
The pracedure to fallow far the above warnings are:
I. Na�ify sheriff's dispatche� via radio, of siren
acCivation and reason.
2. Dispatcher� are to clear local. radio channel and�
announce that the sirens will be activated for
ane of the three {37 pr���ding condi�ions.
3. Dispatchers will then activate sirens for three
{3} minutes.
NOTE: At any time wea�her warnings are upgraded
Co very severe thunders�or� or a tornado, sirens
may be acti.vated a second time at the dis-
cre�ion of individual ca.ties. If a ci�y elects
to saund the sixens a secand time, then the
preceding advisory procedures (1-3) must be
repeated.
B. Non-National Weather Service Issued Warnin�s
1. Upan the advisement of a law enforcement officer/
agency/fire fighter, txained as a taea�her sgotter,
of weather constituting very severe thunderstarms,
whereby winds are destroying property and/or erz-
dangera.ng 1.ives .
2. Upon the advisemenC of a law enforcemerzt afficer/
agencyJfire fighter, trained as a weather spo�ter,
or raeather whereby a funnel claud or sighting af
a tornado.
3. Upan the advisement of the Area or County Civil
Defense Director or his designee.
The procedure to fo2low for these weather canditions are:
l. Notify sheriff's dispa�cher via radia, of siren
activation and reason. '
fi .
2. Sheriff's affice will advise oCher cities in �he �
county via a"G" circuit teletype message.
a
f
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/.,
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Activation Procedures, page two �
II.
3. Dispatchers are to clear the local radio cha nel
and announce that the sirens wi11 be activat d for
one of the above weather conditions.
4. Reporting agency�will contact the NWS and ad ise
of weather conditions, siren ac.tivation; and
request KEC65 dissemination of conditions an� siren
activation. ;
I
5. Dispatcher will then activate sirens for thr e(3)
minutes.
A Hazardous Material or Chemical Spill
Once it has been determined that a hazardous materi 1 or
chemical spill has occurred, the following information
must be gathered and procedures listed must be'adhered to:
�
A. Define Evacuation Zone
� This is to be carried out by the ranking police
fire officials in charge. This information is t
to be forwarded to the dispatcher.
B. Determine Evacuation Direction and Routes
This is to be carried out by the ranking police
official in charge. This information is then to
communicated to the dispatcher. �
C. Call the National Weather Service and Advise of:�
� 1. The description of the emergency �
2. Evacuation zone
3. Evacuation routes �
r
he
This is to be carried out by the dispatcher or p lice
personnel available to assist the dispatcher dur ng
these kinds of emergencies.
D. Request dissemination of the above information v a
KEC65 (with tone alert) and National Weathex Ser ice
teletype. In addition, wind information is to b
requested, i.e., velocity and direction.�
This is to be carried out by the dispatcher or p lice
personnel available to assist the dispatcher dur'ng
these kinds of emergencies.
E. Advise Adjacent Cities of Siren Activation and I ,.
Evacuation Routes '
Notify sheriff's dispatcher, via radio, of emerg�ncy
�
Activatian Procedures, gage three
condi�Cions, evacuation area and routes, and request
dissemination via "G" circuit TTY to other agencies,
F. Activate 5irer�.s Us�ng Standard Alerting Procedures
The number and location of sa.rens to be activated will
`� '� •� be desi.gnated by the ranking police official in charge.
Once this determinatian has been made, the dispa�cher
wi7.l saund the s irens .
G. Provide National Weather Service ��ith Pexiodic Update
This will be carried out by the dispatchex or assisting
pe�sonnel as direeted by �he ranking police official
on du�y.
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NEIdS REL�ASE
DAKOTA GOUNTY CITI�S EXPAND SIREI� UTILIZATIOlV
In order to provide citizens with the most effective war►�ing passible, nine cities
in Dakota County have elected to utilize their outdoor warning sirens or all three
types of National Weather Service storm warnings, as we11 as other eme gencies,
1'hese �hree storm warnings are: .
1. Severe Thunderstorm Warning (58+ mph winds)
2. Very Severe Thunderstorm Warning (75+ mph winds)
3. Tornado Warning (A tornado has been sighted)
This new procedure of using sirens for severe thunderstorm warnings w�
started in
June 1981. The nine cities which are using this procedure are Apple V lley, 8urnsville,
Eagan, Farmington, Nasiings, Lakevilie, i�endoia Heighis, Rose�tount, an West St. Paul.
�
The reasons behind this decision include the following: �
,
i. ihe danger and threa� ia pubiic safety pased by a stor�;with 8-� mph
i
winds, large hai1, lightning, and heavy rains. �
2. The use of sirens is the only effective method of warning peo le wha are
outdoors {gQlf courses, lakes, playgrounds, etc.) of rapidly pproaching
dangerous weather. 5evere thunderstorms pose the greatest th eat to
peaple who are cau�ht ou�doors in them,
3. The iarge number of mobile home residents (over 6,000) in Dako a County.
Mobile hor�es are espec�ally vulnerable to the winds of a sever
thunderstorm.
4. The �}OSSibl�l�y of widespread electrical power outa�es during evere weathet~
which would make the sirens inoperable, Sirens need to�be sou ded be�ore
severe weather s�rikes an area. 1'ornadas usually form on the ackside of r
large thunderstorms, behind the high winds, lightning, rain an hail.
News Release, page two
J . �
When residents of Dakota County hear the sirens, they are urged to seek shelter
and turn on a radio or TV far emergency information. When the sirens are sounding
for severe weather, t�e radio or `fV announcements wili provide you with information
regarding the type of starr� and appropriate safety actions.
The outdoar sirens in Dakota County Urauld also be used for oi.her emergencies such
as a hazardous r.hemical spill which requires residents to evacuate their homes. If
the sirens are sounding far this type of emergency, ihe radio or TV announcements
wi i 1 i nfor�n you af what acti ons you shoul d talce.
Piease, DQ NOT telephone the poiice departments, sheriff`s departm�nt, National
4Jeather Service, or ihe radio or TV stations when you hear ihe autdaor sirens.
tlse the radio �r TV announcements to get the weather or e�nerr,ency informaiipn.
The sirens are N�VER used to announce an "ALL CLEAR". This announcement is made
oniy over radio ar TV.
In accordance with statewide policy, Dakota County sirens are tested at 1:Q0 P.M.
on the rirst Wednesday of each month. •
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SHERMAN WINTHROP
+�tOBERT R.WEINSTINE
THOMAS J. SEXTON
RICHARD A. HOEL
ROGERD.GORDON
STEVEN C•TOUREK
HART KUILER
DAVID P. PEARSON
THOMAS M. HART IV
DARRON C.KNUTSON
WENDY WILLSON LEGGE
MARK J. BRIOL
G�RARD P, MILLER
MICHELE D. VAILI.ANCOURT
MARY M COLLINS
JON J HOGANSON
�
WINTHROP, WEINSTINE S� SEXTON
ATTORNEYS AND COUNSELLORS AT LAW
1600 CONWED TOWER
4a4 CEDAR STREET
SAINT PAUL,MtNNESOTA 55101
June 1, 1982
MEMBERS OF THE CITY COUNCIL
City of Mendota Heights
750 South Plaza Drive
Mendota Heights, Minnesota 55120
RE: Van Landschoot v. City of Mendota Heights
Dear Council Members:
On May 12, 1982, the Honorable John M. Fitzgerald issue�
Findings of Fact, Conclusions of Law, and Order for Judc
in the above matter. Specifically, Judge Fitzgerald foi
that the City's denial of Mr. Van Landschoot's applicat:
for subdivision and variances was arbitrary, unreasonab:
and capricious, and therefore ordered judgment directinc
City Council to grant Mr. Van Landschoot's application.
copy of Judge Fitzgerald's Findings of Fact, Conclusion:
Law, a�d Order for Judgment is enclosed herewith. Such
judgment will be entered on June 11, in conjunction witt
which costs of approximately $277.04 will be awarded ag�
the City. We have advised Mr. Van Landschoot's attorne�
that we will notify him before June 11 of whether the C_
Council plans to appeal Judge Fitzgerald's decision.
Before analyzing the issues to be addressed in determir
whether an appeal should be taken, let me first review'
significant Findings of Fact which Judge Fitzgerald mac
reaching his decision. The following is a summary'of �
Fitzgerald's Findings with respect to certain signific�
disputed facts:
Mr. Van Landschoot bought the subject property
with the intent to build on the westerly portion
and subsequently sell the easterly portion. When
he purchased the property, he had neither actual
nor constructive knowledge of the City Council's
prior denial of Mr. Smith's subdivision applicatio�
(612) 292-8 110
ment
nd
on
e
the
A
of
inst
ty
g
e
in
ge
MEMBERS OF THE CITY COUNCIL_
June 1, 1982
Page Two
Mr. Van Landschoot first learned of this prior denl
when he met with Howard Dahlgren in early 1979. A
learning of the prior denial, Mr. Van Landschoot
changed his plans and decided to first obtain appr�
for subdivision and variances before building at a
on the property. Because of the passage of the we�
ordinance requiring a 100-foot setback from Rogers
and because of substantial changes in the area and
configuration of the property, Mr. Van Landschoot'�
application for subdivision and variances was subs�
different from Mr. Smith's application. At the
hearing and at the trial, there was no substantial
factual basis for the City Council's finding that
the proposed subdivision and variances would be
contrary to the health, safety, and welfare of the
community, and that the proposed subdivision and
variances would not be in keeping with the present
and expected character and future development of t]
area. r4oreover, "the City Council finding that th
proposed subdivision and variances would not be
necessary for the preservation and enjoyment of a
substantial property right of [Mr. Van Landschoot]
was without substantive factual basis at the heari�
and was rebutted by the weight of the evidence at
the trial."
In the Memorandum which accompanied these Findings, Jud
Fitzge�ald stated that Mr. Van Landschoot should not be
penalized for the filling and excavating which Mr. Smit
done. Furthermore, Judge Fitzgerald reiterated that, a
trial, there was "no substantial evidence" supporting t
City Council's allegation that its denial did not invol
any hardship to Mr. Van Landschoot.
Practically, the Judge simply adopted the Findings of F
and Conclusions of Law which had been prepared by Mr. V
Landschoot's attorney as part of the post-trial briefin
process. From the outset, we knew that the equities of
lawsuit favored Mr. Van Landschoot. At trial, we attem
to neu_tralize the equities by drawing considerable�atte
to the conduct of Mr. Smith and his dealings with Mr. V
Landsc�oot. The Court, however, determined that Mr. Va.
Landschoot should not be penalized or saddled with the
conduct of Mr. Smith, particularly in view of the fact
the DNR, for whatever reasons, had decided to let matte
rest. Further, while Howard Dahlgren did an excellent
of testifying at trial, his planner's report to the Cou:
that the application be given "serious consideration" w
al
ter
val
1
lands
Lake,
ra
�
ntially
had
ct
this
ted
tion
:hat
•s
ob
�cil
.s
MEMBERS OF THE CITY COUrdCIL _
June 1, 1982
Page Three
obviously relied upon by the Court in assessing the
and resolution of the dispute.
In view of the above, we feared the Court would be temp
to replace the Council's judgment with its own. Thus,
urged the narrowest possible standard of review upon th
Court, one which would not allow the Court to set aside
Council's decision unless there was no rational basis f
it. In light of Judge Fitzgerald's Findings of Fact an"
Memorandum, we believe that the Court applied an errone
legal standard in reviewing the City Council's decision.
Specifically, relevant case law indicates that Mr. Van
Landschoot had the burden of proving at trial that ther
no rational basis for the City Council's denial. The 1
standard applied by Judge Fitzgerald is arguably improp
two respects. First, he seems to have placed the burde
proof on the City Council to prove its "allegation" of "
hardship," and to prove a substantial factual basis for
finding "that the proposed subdivision and variances wo
not be necessary for the preservation and enjoyment of
substantial property right."
Not only does Judge Fitzgerald appear to have erroneous
placed the burden of proof on the City Council but he a
apparently applied a standard of review other than the
"rational basis" test. Judge Fitzgerald required subst
evidence in support of the City Council's decision. Ju
Fitzge'rald thus seems to have weighed the evidence for
against the City Council's decision and concluded that
weight of the evidence favored Mr. Van Landschoot's pos
We believe that such a"weighing" of the evidence was
inappropriate, since Mr. Van Landschoot was required to
prove that there was no rational basis for the City Cou
decision. Instead of applying the "rational basis" tes
Judge Fitzgerald, in effect, substituted his judgment f
that of the City Council.
ties
the
r
was
gal
r in
of
no
its
Y
so
ntial
ge
nd
he
tion.
cil's
Because the Court appears to have applied the wrong leg�l
standard, we believe that there is a legitimate basis f r
appeal. The Supreme Court, however, would not necessar
reverse Judge Fitzgerald's decision, even if it agreed
Judge �'itzgerald applied an incorrect legal standard.
appeal, the Supreme Court would review the record afres
decide whether there was any rational basis for the Cit
Council's denial. Relevant case law specifies that the
Supreme Court should not give any special deference to
Fitzgerald's review of the record.
ly
hat
and
ge
MEMBERS OF THE CITY GOUNCIL-
June l, 19$2
Page Four
Thus, if the City Council were t� appeal Judge Fitzgera
decision, the Supreme Court would once again review the
record and determine whether there was any ratianal bas
for the City Cauncil's denial of Mr. Van Landschoot's
application. Although we, of course, believe that�ther
such a rational basis, we cannot guarantee �hat the Sup
Caurt would agree.
�
S
was
eme
Wzth respect to the prac�ical aspects of such an appeal any
appeal would prabably ta�e approximately one year. The e is
also, thearetically, a risk that the 5upreme Caurt woul
remand the case to the District Court for a new trial;
hawever, we believe �hat this risk is extrernely slight iven
the standard of review by the Supreme Caurt. The appea
itself would probably cost between $3,000 and $5,000 in
attarneys` �ees and costs, assuming that no fur�her leg 1
praceedings are necessary after the Supreme Court rende s
its decision.
If �ou•have any questions with respect to our analysis
conclusions, please do not hesitate ta contact me, Ste
Tourek ar Wendy Willson Legge.
Very �ruly yours,
WINTHROP, WEINSTINE & SEXTON
. C� --- � `e`
By-
..�'''`r
Sherman Winthrop
sw/dk�
ec: Mr. Orvil Johnson
Steven C. Tourek, Esq.
Wendy Willson Legge, Esq.
_
. ,.
; � �' .
. •� , ;; I
� ��
�
I
!I �
� � I� sT. PAUL
. MrLB, • *
I '
�us1Mo
� o�KOT�
WNTY
May 24, '1982
' �
;
�%�.�UTf� L���N��'
,+DAKOTA COUNTY GOVERNMENT CENTER
1560 HWY. 55 - HASTINGS, MINNESOTA 55033
�
BERT P. SANDEEN. P.
COUNTY ENGINEER
TELEPHONE:
612-437-0398
��
Mr. Jim Danielson, P.E.
Director of Public Works
City of Mendota Heights
750 South Plaza Drive
Mendota Heights, MN 55120 i
i
Re: Speed limit and traffic control on County Road 45 (Victoria Rd.)
I
Dear Mr. Danielson: � �
Enclosed please find County Board Resolutions No. 82-2351 and 82-285 We have
processed the speed limit request to Mn/DOT as the Commissioner of T ansporta-
tion must authorize speed limit changes. ;
We have also conducted an engineering study to determine if warrants to justify
the installation of all-way stop signs can be met at the intersectio of CR 45
(Victoria Rd.) at Marie Avenue. The warrants which govern the place ent of all-
way stop signs (as provided by Minnesota Statutes) are described in he Minne-
sota Manual on Uniform Traffic Control Devices. The intersection of CR 45 at
Marie Ave. does not meet warrants.
If I can�provide additional information to you, please feel free to ontact me.
i �
Sincerely, �
,
eter 'L. Sorenson �
Traffic Engineer �
PLS/bv ��� � %;����Q��i �y���si{�
�{��.a } ��3 � �i? i i� �i �.3 r' ��.
Enclosures: Resolution No's. 82-2351 and 82-285
AY2� I982
- � � �'��� �'�
AN EQUAL OPPORTUNITY EMPLOYER �
� � BOARD OF COUNTY COMMISSIONEFzS �
. -
DAKOTA COUNTY, MINNESOTA
� Date J�aY 11, 1982 • Resolution No 82-285••.•• -•.-...•.•-. -
Motion by Commissioner. ... Voss __ Seconded by Comrrtissioner. Stre.. fland.
BE IT RESOLVID, that the County E�gineer' s reco�nendation regarding
study of the Intersection of CR 45 (Victoria Rd.) and rfarie Avenue
Tiendota Heights that the traffic volume at this intersection does n
warrant all-way stop signs be cotrnunicated to the City Council of r�
Heights. '
YES ', NO
Harris X Harris —
Hollenka:r,p X iiollenkamp
Voss X Voss --__
I
i
Alkins X Alkins __
I
Strecfland X Streefland
I
State of Minnesota �ss '
Coun:y of Dakoto ,
1. C. D. Onischuk, duiy elected, qualified and acting County Auditor of the County of Dak
of \tinnc-�rta. do hereby certifp that t ha�•e compared the foregoing copy of a resolution a•ith th
minutes of the proceedings of the Board uf County Commissioners, Dakota County, A4innesota
session held on the 11 �. day of . MaY ..__.. _. ._.....19 .82. , now on file in my of�ice, and h�
the same to be a true and correct copy thereof.
WitneB, my hand and official seal at Hastings, Alinnesota, this 4thday ,M^ ,_ 1982.
,,�Q� (�'�� (�i,1/-�
----._w =l/... . ._ �.__._--•-�----
cou.r.r7 Audlmr �
the
t
dota
a. State
original
at their
e found
rl
•- r BO�RD OF COUNTY CONIMISSIONERS
I}AKQTA CC}UNTY, MINNESt3TA
Date April 13, 1982 Resolution Na. 82-2351.._........ ... + "
Motion by Commissioner Hollenk�np __ Seconded by Comrnissioner. Voss ,,,,,,,,,,,,,,,,,,
k�IEREAS, the County has r�ceived a request to lawe.r the speed limit on CR 45
{Victori.a Rczad� in I�iendota Heights; and
WHEREAS, Mn/I)QT last revi�wed this roadway to determine the speed limit in �979.
NOW, THEREFORE, BE IT RESOLVED, that the Er�gineer be directed to request Mr�iDC7I'
to parform a tra.ffic and engineering investigatian ta defiermine the reasonable
and safe speed limit on CR 45 (Victoria Road) irom CR 43 to TH 13 in Mendota
Hezghts.
Harris
Hotlenkamp
Vnss
Y ES
X
X
^ X
X—'.
Atkins
�
Screefland
$#ate of Minnesota )
� ss.
Counfy of Dakata
Harris
Hollenkamp
Vqss
Alkins
Street�and
T�I O
I. G D. Unischuk, duly eIected,qualified and acting County Auditor of the County of Dakata, State
of Rtinnes��ta. do hereb�• certify thak I have com�ared the foregoing copy of a resolution with the original
minutes af the proceedi�gs af the Board uf County Cammissioners, Dakota County, Minnesota, at their
sessian held on the 23th ... day of. Apri1 ....._.... ...... 19.. 82, naw on fiIe in my office, and have found
the same to be a true and correct capy thereof.
Wifneen my hand and o�cial seal at Hastings, Minnesota, this..,.19 ay of ...�pri�,�..,1�$2. _,.....
, 1 f �
I � � �
CL, ; / � �
_....._._._. __.__.._._.._. � ; ,.':•� , . , • �
. ...............__._...._'--__-__�_._.. �
Countp Aud.ttor �...._--
N • �
m
�.
d
�
�
CITY OF MENDOTA HEIGHTS
MEMO
T0: City Cauncil
FROM: Kathleen M. Swanson
City Clerk
SUBJECT: Draft "On-Sale" Liquor Ordinance
Notes and Camments
i
i
i
�
May 24, 1982
�
�
{
Several of the conditions contained in the draft ordinance da ed May 4th
are discretionary or optional. For the purposes of �his memo, tae ave expressed
our judgement in those options which eitfier relate to internal pra essing ar
are incansequential. The rnore impartant optional pravisians�are a dressed
herein . '
In most instances, we have opted ta specify the most restrict ve terms
of the three ordinances used to compile the draft. In some instan es, we
have chasen to suggest conditions more restrictive than those impo ed by
eiGher Apple Valley ar Burnsvil.le or suggested in the League�madel ordinance.
The following draft s�ctians are those in which we have exercised ur
judgement, and which should fiave special Cauncil cansideration, ch nge or
approval.
SECTION 1. -- DEFINITION OF TERMS
1.5 "Hotel and Motel" - The variabl.es in this subsection rela�e t
of guest rooms and da.ning facility seaCing. A11 of the resea
specify 50 guest roams and seating for nat less than 30 dinin
i
I.13 Restaurant - is defined as having seating for nat less than 2
All other saurces require a 50 guest seating minimum. j
SECTION 2-- ZICENSE REQUIRED i
the number
ch sources
roam guests.
guests.
2.3 "On-Sale Wine" licenses shall be issued only to restaurants a commodating
a minimum of 50 guests. M.S.A. 340, the only source which ad esses such
Zicenses, establishes a 30 seat minimum.
SECTI4N 4 --APPZTCATION CONTENT
4.6(4� Requires an applicatian statement that a club has been in e
mare than 2Q years and a veterans arganization for ten (1Q) ye
year requirement is in error. It should be changed �0 15 year
campatible with Subsection 2.4 MSA 340 has a 15 year existenc
for club license issuance and the Statute and App1e Valley req
for veterans clubs. Both of the znunicipal sources requir.e 20
minimum for club license minimum criter3a. Bloaming�on pnly i
to veterans clubs in exzstence 1Q years previous ta January l,
istence for
rs. The 20
to be
minimum
ire 10 years
....__ t
licenses
�
- 2 -
It would seem that the ordinance could completely ignore reference to
licensing veterans organizations given the 10 year statutory minimum
and the fact that no such organization currently exists in Mendota Heights.
SECTION 6. --EXECUTION OF APPLICATION
6.1 Requires both bonding and insurance. The Statute and Bloomington require
either a bond or insurance in lieu thereof. We recommend the double
requirement.
SECTION 7. --LICE[�iSE FEES
7.2 We suggest in this subsection that the application fee be paid "up-front".
Bloomington allows half-fee payment with the application with the balance
due before December 31 of the year in which the license is issued.
7.3 Provides for pro-rata fees for new licenses on a quarterly basis. MSA 340
does not, however, require pro-rating. The League indicates that most
communities provide for a reduced, but not necessarily pro-rated fee, for
licenses issued mid-year. The Council may prefer that we establish a formula
m.,re beneficial to the City -- for instance, full fee for the first six
months of the license period and 50% of the fee for issuance during the
second six months.
7.6 State Statute authorizes
destruction or death of
the statutory provision,
so provide.
refunding only in catastrophes such as premise
the licensee. The LMC model suggests referencing
however neither Bloomington nor Apple Valley
7.7 Provide submission of a$1,500 deposit for investigation, reflecting
Bloomington's requirements. As noted earlier, I have taken a very restrictive
approach throughout the draft and have done so in this instance to remain
consistent. MSA 340 authorizes a$500 maximum in-state investigation fee.
I recommend that we charge only the $500 initially and then bill the
applicant for whatever out of state investigation costs may be incurred.
SECTION 8.--GRANTING OF LICENSES
8.1 Establishes the investigation and reporting procedures required by Statute.
It also establishes public hearing criteria. MSA 340 is silent on licensing
procedures other than investigation, however all other sources provide
requirements as embodied in this subsection. The Council may wish to alter
the article to authorize staff rather than Council establishment of hearing
dates.
8.3 All of this subsection beyond the first two sentences appears to be
discretionary. I can find no statutory reference. Both Apple Valley and
Bloomington share this provision, but its application in Mendota Heights
may not be desirable.
8.4 The following requirement must be added to this subsection: No "On-Sale" ,.
wine license shall become effective until it, along with security furnished
by the applicant, has been approved by the Commissioner of Public Safety.
0
�
�
- 3 -
SECTI4N 9.-- PERSONS INELTGiBLE
9.4 Considers ineligibility based an canvictian within iive year:
application, and conforms with MSA 340 and Apple Va11ey requ:
Blaomington places a 15 year restrictian on the applicant.
preceding
ements.
9.6 Authorizes no more than one "on-sale" license to any individ al. This
reflects statutary language which was eliminated in 1979. B oomington
allows two licenses per individual. Perhaps this restrictio should be
raised ta twa Iicenses. It seems Iikely that a hoteZ may de ire two
licenses.
9.9-9.10 A11 of these provisions are aptianal and are cantained
ordinance. '
SECTION 1Q.-- PLACES INELIGIBLE
Bloomington's
10.2 This sectian places a restriction on licensing within a speci ic distance
from schooZs ar churches, and is a carban copy of Bloomingtonis requirements.
There are na such statutary regulations, and Apple Va11ey imp ses anly a 30Q
foat restrictian, i
10.4 Establishes floor area requirements considerably in excess of the 12Q0
and 900 square foot requirements established by Apple Va11ey nd Blooming-
ton reepectively. It shauld be noted �hat West St. Paul xequ res a 60p0
square faot minimum �Iaor area for res�aurants.
i
10.5 This sectaon should read "No license shall be granted for any place for
which either an "off-sale" license or an "on-sale" wine�licen e has been
granted under this ordinance". !
SECTION 11.-- CONDITIONS 0� LZCENSE '
�
11.19 Requires that a minimum of 40% of the gross sales of an. esta lishment
must be for food sales, as is required by Bloama.ngton. To be compatible
with the restaurant definition, this should require a mimimum f 55% of
the gross sales.
SECTI4N 12,-- RESTRICTED �IOURS
The hours listed reflect both statutory requirements and those
Valley and Blaomington. There are some errors, or inconsisten
"on-sale" chart which should be correc�ed. Monday hours shoul
sales before 10:0{} A,M. I}ays of State-wide el.ection should
sales between 12:45 A.M, and 8:00 1'.M, �
"On-Sa1e" Ldine - Sunday sales may be allowed without referendu
striction on Sunday wine�sale was included ta pravide consiste
"an-sale" liquor restriction. It is suggested tha� the wine s
be enfarced until the Sunday liquor re�erendum results determi
response to Sunday Iiquor sales. ,,
. � .
An additianal garagraph, prepared and recammended by Chiei Del
be added as follaws: ' � :i
of Apple
ies in the
read "Na
ead "No
. The re-
cy with the
le restriction
e public
should
12.3 No "on-sale'" licensee shall permit the consumption or display f any beverages
cantaining more than one-half of one percent of alcohol by vol e on his
premises during the hours when the sale of such beverage is pro ibited by
- 4 -
0
this ordinance; provided, however�.that the licensee sltaZl.,�e �llow,ed a
thirty (30) minute period following the closing hour to clear the_premises
of customers who were present at the closing hour; and such customers
may consume any such beverage purchased by them before the closing hour. Al1
customers and non-working employees shall be cleared of the premises by
thirty (30) minutes past the closing hour.
SECTION 15. -- RESTRICTIONS INVOLVING MINORS
15.6 The first three lines of this subsection, and line 4 through "...Minnesota
Identification Card" is mandatory. The balance of this subsection along with
all of 15.7 and 15.8 is language provided in the Bloomington Ordinance and is
optional. The City is provided no benefit by these subsections, only an
increase in forms preparation and inventorying. Neither Dennis nor I see
much merit to the provision.
SECTION 17. -- BOND
17.1 This section requires both bonding and liability insurance of the applicants.
The Statute requires either a bond or insurance in lieu thereof. The League
suggests, and it seems both realistic and prudent, that both a bond and
insurance be required. Bloomington requires liability insurance with limits
of $10,000 and $20,000 in lieu of the bond. Apple Valley requires a bond
along with insurance with limits of $100,000 and $200,000. The insurance
would provide protection for.customers and licensee as well and is advisable.
In view of the dram shop provision of MSA 340.95, imposing maximum liabilities
of $250,000/$500,000 on the licensee, it would seem that our proposed limits
could more appropriately be set at the maximum statutory limits rather than
those proposed in the Ordinance.
SECTION 19. -- LICENSING OF EMPLOYEES
This section used by Bloomington, is optional. While such a provision may
seem unusual, it could be beneficial to the applicant and to the City.
SECTION 22. -- COORDINATION OF PROVISIONS
The coordination provision is necessary only if
before adoption of an "off-sale" ordinance and
icating) beer licensing Ordinances.
MISCELLANEOUS
the Ordinance is adopted
revision of the (non-intox-
No limit on the number of licenses to be issued is provided in the draft.
While it seems unlikely that the City Council would wish to issue more than the
six allowed by statute, the determination on whether we should provide for the
statutory maximum, or a lesser number, is a matter of Council, not staff, discretion.
S IJNIrIARY
In most of the preceding paragraphs we have made no recommendations. We have
taken this approach because in most of those cases we hav� used our judgement and
discretion in the draft and it reflects our recommendations. Sections 1.5, 1.13,"
and 10.4 which establish minimum seating and floor area should perhaps be given
special Council consideration and discussion.
I will be prepared to discuss this memo and whatever additio�al questions.the
Council may have about the dratt on Tuesday evening. The draft ordinance�meets all
statutory provisions and can be adopted after Council discussion and determination
on the sections addressed in the body of this memo.
i
;..
..� �' ""�,
"G
�/� �
ORT}INANCE N0. 1113
AN ORDINANCE ESTABI�ISHING STOP AND YIELD INTERSEGTIONS WIT�IIN THE GI
SECTION 1. THItOUGH STREETS AND STQP INTERSECTIONS �
�
c�r ,•..; <'
OF MENDOTA HEI
The fallowing streets and intersections shail be through streets and tap 3ntersections,
and when stop signs are posted at such intersection�, traffic approac ing such signs
shall stop as required by Iaw.
THR4UGH STREETS STOP STREETS
Bachelor Avenue
Clement Street - Sylvandale Road
Highway 110 Frantage
Highway 11.0 Frontage
Highway 110 Frontage
Highway 1Z0 Frontage
Hilltop Road
Hilltop Road
Huber Drive
Huber Drive
Huber Drive
Maple Park Drive
Marie Avenue
Marie Avenue
Marie Avenue
Marie Avenue
Marie Avenue
Marie Avenue
Marie Avenue
Marie Avenue
Marie Avenue
Marie Avenue
Marie Avenue
Marie Avenue
Marie Avenue
Mendota Heights Road
Mendota Heights Road
Mendata Heights Road
Mendota Heights Road
Fage1. Road (South Bound)
Sylvandale Road
Sylvandale Road
Valley Curve
Warriar Drive
Lansford Lane
Emerson Avenue - E
Knob Road
Sauth Freeway Road
South Lane
Warrior Drive
Hilltap Court
Wachtler Averiue
Apach� Court�
Cheyenne Lane
Decarah Lane
Sylvandale Road
Callahan Place-East
Callahan F1.ace-West
Eagle Ridge Road
Lilac Lane
Overlook Lane
Ridgewood DriVe
Rolling Green Curve
Summit Lane -,Narth
Summit Lane -�5outh
Sutton Lane �
Trail Road fi
Wachtler A�venue
Walsh Lane �
Lake Driva '
Medallion Driye
Narthland Drive
Transport Drive ,
Pagel Road - Narth :
Keokuk Lane �
Ivy P'alls Avenue
Woodra.dge Drive
Wachtler Avenue
Sibley High School ]
t Bound
Intersection
Intersection
Bound
Bound
iveway
ALL - WAY STOP INTERSECTION
Ivy Hill Drive
Magle Park Drive
Sylvandale Road
SECTION 2. THROUGH STREETS AND YIELD INTERSECTIONS
Maple Park Drive
Sylvandale Road
Arcadia Drive
The following streets and intersections shall be yield intersectians, and when yield
signs are posted at such intersections, vehicles approaching a yield sign shall
proceed as required by law:
J •�
THROUGA STREETS
Caren Raad
Chippewa Avenue
Chippewa Avenue
Chippewa Avenue
Chippewa Avenue
Chippewa Avenue
Chippewa Avenue
Chippewa Avenue
Chippewa Avenue
Clement S�reet
T7ecorah Lane
Decorah Laz�e
Decorah Lane
Decorah Lane
Decorah Lane
Decorah Lane
Douglas Road
Emersan Avenue
Emerson Avenue
Highway 110 Frontage
Hilltop Road
James Road
James Road
Keok ik Lane
Keokuk Lane
Keokuk Lane
Knoll.wood Lane
Z,ilac Lane
La.lac Lane
Patricia Stree�
S t anw3.ch Lane
Stanwich Lane
YIELD STREETS
` Lilac Lane
Butler Avenue
Ellen Street
Hiawatha Street
Fremont Street
John Street
Sunction Lane
Miriam Street
Simard Street
�'irst Avenue - Eas� Bound
Apache Street - North Bound
Apache Street - South Bound
Nashua Lane
Ocala Lane
Pontiac Place - North Bound
Pontiac P1.ace - South Bound
Vicki Lane
Medora Road - North Bound
Medara Road - Sauth Bound
Freeway Road
Valle�' Curve-Sautheast intersection
Douglas Raad - East Bound
Dauglas Raad -- West Bound
Apache Street - Norih Baund
Apache Street -�South Bound
Pueblo Drive
Medora Road - North Bound
Dauglas Raad - Eas� Bound
Douglas Road - West Bound
Tozn Thumb Drive
Lansford Lane - North Bound
Lansford Lane - South Bound
{1113) 2
., SECTION 3. STATE AND COUNTY SIGNS �
In addition to the foregoing traff ic control signs, all traffic cont
duly installed on County and State highways by the proper approving
shall be obeyed.
r
SECTION 4. CONFLICTING ORDINANCES OR RESOLUTIONS ��
'
All Ordinances or resolutions or parts thereof of the City of Mendot
in conf lict with or inconsistent with the provisions of this o�dinan
hereby repealed.
� '
ol signs
uthority
Heights
e are
STATE QF MINNESOTA
COUNTY QF DAK4TA
David A. Van Landschoat,
Plaintiff,
• DI�TR CT COURT
I
FIRST JUDICIAI, DiSTRICT
i
Caurt File a. 89860
-V5�
City o� Mendota Height's, Dakota Gounty,
Minnesata, a municipal corporation,
Defendant. �
t_ - - - -- - - - -- - -- - - -
►
0
FINDIN 5 OF FACT
GONCLUS ONS OF LATd
nd
ORDER F R JUDGMENT
The above-captioned matter duly came on f r hearing
befare the undersigned, one of the Judges of the ab ve Gourt,
without a jury on February 4 and concluded February 8, 1982.
The plaintif� appeared persanally and by ahn F.
Bannigan, Jr., Esq.; and the aefendant appeared thro gh its
City Attorneys, Steven C. Tourek, Esq., and Wendy Wi lson,
Legge, Esq. '
+
_ i
The Court having heard the evidence adduce at
trial and having considered all the f.i.Ies, records a d
proceedings hexein, hereby makes the foZlawing:
FINDINGS OF FACT
�
That the plaintiff is the owner of the sub'ect real
pro�erty situa�.ed within the Gity of MEndata Heights Dakota
County, MinnesQta, described as follows:
,. " Lot eighteen {18}, Linden Addition, accord ng to
the plat �hereof on file and of record in he
office o£ said Coun�y Recarder ,
` II., .
r � °� � r. .
- That plaintiff acquired his a.nterest in th Subject
Property by virtue of an Earnest Money Contract�dat�e July 10,
, �
1978, from Ronald Patrick 5mith and perfected his in erest by
a Cantract for Deed dated October 30, 1978.
c
�
�
That the Subjec�. Property is situated.on th East
share af Roqers Lake in the City of Mendata Heights 1 ing
North af Cheri Lane at its intersectian with Swan Lan . That
it has platted dimensions of 218,98 feet north-south nd 810
fee� east-west, and while the gress platted area cont ins
177r373.8 square feet, the ne� area abo�e the 872.2 f ot MSL
elevation is between 59,100 square feet and 72,Op0 sq are feet,
= depending on whether the area north of a so-called ch nnel is
t �
included. That the ba2ance of the Subject Froperty i covered
by the waters of Rogers Lake, and that the groperty i zr�ned
£�r single-tamily residential use.
IV.
That plaintiff purchased the Subject� Proper y with
the expressed intent of building his home on the west rly
portion thea:eo� and, at some later unspecified time, f
sel�.ing 4f� the easterly partion as a buildab].e lot £ r
single family r�sidentiai use, and that plaintiff had no
actual ar constructive notice thai the prior owner th reo
Ranald Patrick Srnith, had been denied a subdivisi.on, ndj
lot split in July of 1976.
f,
m
That in furtherance of his intended purpose plaintiff
cau�,ed certain architectural plans and drawings to be prepared
on ar before December 8, 1978, for his own home to be sited an
the westerly portian o� the Subject Property.
VI.
That in early 1979, plainti�f inet with the ity's
consultar�t planner ta discuss his proposal to'bujld h's house
on the westerly portion of the Subject Property andfs bsequen
sell of� the easterly portion thereof. That at this eeting
plaintiff first discovered that defendant City Counci had
previously denied the appli.cation of Ranald Ratrick S ith to
subdivide the Subject Property into twa buildable sin 1e-
�azni,ly sesidential homesites.
-x-
tly
i
�
v3z. � �;
That plaintiff, upon learning of the 'pri.o:
. i �
of an applicatian for subdivisian, changed his'plan,
first his own hame and then subdivide to,seeking s
firstj and on July 6, 1979, made application to def
City for subdivision approval requesting three {3)
ane from the front jraXd �et back, a second from the
denial
�.o build
division
�ndant
riances,
et Iand
.set� back and th� tha.rd from franting on a 60-foat wi�3e
r~ right-af-way.
.VIII.
That plaintiff's applicatian for subdivisi n was
substantially different from that previousl.y submitt d by
Ronal,d Patrick Smith in that the City subsequent to he Smith
denial passed its wet lands ordinance requiring a 10 -fao�.
set back from Ragers Lake and the Iand mass �,ad chan ed
substantially in area and configuration.
._
IX.
That k�laintif�'s applicatian was reviewed �jnd
reported on �avorably by the pianner wha found the
use to be appropriate and the size of the lots 2n ex
o� the zninimum required under the zoning code. That
planner further found tha� the dispute between the M
Department of Natural Resaurces (DNR} and Ronald Pat
had'been resolved and that ihe Iand filling and wate
changes had been approved. The planner found and r
that the basic issue was whether or not the property
accommodate ane single-family or two, and he found
posed
ss
he
nesata
ck Smith
lying
rted
ould
t there
. was more than adequate area and that the distance5 be ween
� �,... . __ .
the proposed houses exceeds the normal minimum of 2.0 eet.
� t
He concluded and recommended that the defendant'� Fla ning
Commissian and Cauncil give serious cansideration to llawing
,the deve].apment af two homes on the property inasmuch as .
m
-3-
neither of the homes proposed wou2d have any de2iteri
effect upon existing develo�ment nor wou2d the homes
� crowded if pZaced as praposed.
X.
That plaintiff's applicatian came an for
�us
1].0
hearing before defendant°s Planning Cammission August�2$, 1979,
at a meeting chaired by Mr. Cameron (CG) Kruse. That�this
Court's reading of the minutes of said Pl.anning Gommijssion
= hearing 3eadsthe Court to the canclusion that neitherlthe
t '
evidence adduced therein nor the evidence at trial wa� legally
SUf�1.C2�ilt. to support a denial and had na substantial.� rel.ation
to pub].ic health, safety, and welfare. That on Augus� 28,
1979, the plaintiff's applica�.ion for variances was p ssed
on to the City Council without any recommendation. ,
XI.
That the plaintiff's application czrme on
hear�ing hef�re clefendant''s Council on November 6, 197�.
public
Its
presiding officer, the Mayor, noted that the Dt7R had c�losed
its file and considered the land use matters to be of�3acal
concern. �ne Cauncil member noted the land area disc�euancies
between the City's engineer and the applicant. Under eit�er
size
interpretati.on, the resultant�af the lots exceeded th minimum
land area required by the code. Another Council memb r
ex�r�essed concern over the number af variance� reques ed. He
noted that the hardship appeared to be financial and ot
unique �o the property and he stated that he was in f�vor of
approving variances without the subdivision. ��tat
received a petition in opposition ta the proposal si
wperscans from the immediate area including the Plannin<
�
Commission Chairman, Mr. Kruse, who also spoke in o�apc
to the application. The Mayor noted that Councilman r
was absent and stated that he greferred nat ta make ar
decision on the matter that evening and cantinued the
ta Navember 20, 1979.
-4-
Caunci2
d by
sition
rtensato
Ihearing
0
" X3I.
That at the November 24� 1979, continued
earing,
the.plaintiff appeared�personally and through Counsel. That
insufficient evidence was adduced at this hearing re ative
to matters of health, safety, ar welfare an which to base a
denial of the variances requested yet, on a unanirnou vote,
the application was denied without�any factual basis or
; some time later
findings stated therein. That% defendant Gity Counci
' subsequently approved a dacument captioned "Resoluti n
t_
r
Denying Reques� of David A. Van Landshaot For Subdiv sion
o� Lot 18, Linden Addition, and Variances i�Tith Respe t
Thereta, No. 79-119."
That the Council's finding that the prapos
, subdivision and variances would not be in keeping wi
present and expected character, future .develppmerit o
area�is without substantive factual. support in the r
befare the Council and at the �rial herein.
XIV.
That the Council's finding that the propos�
the
the
m
subdivision and variances wauld be cantrary to the he lth,
safety, and welfare of the comrnunity was without subs antial
factual basis at the hearing and trial.
' XV.
That the City Council finding that the prop
subdivision and variances would no�. be necessary'£or
preservation and enjoyment of a substantial property
of the plaintiff was without substantive factual bhsi
- was
the hearing andlrehutted by the weight of the evidenc
trial hereof. �
Based upon the above Findinc}s of Fact, the
makes the fallowing:
C�NCLUSIONS OF LA.W
x. .
That the actian of defendant City Cauncil in
sed
he
ight
at
at the
aurt
_M
denying plaintiff's application for subdivision and v riances
incident thereta was arbitrary, unreasonable and capr ClOUS�
and'is therefore unlawful, uncanstitutional and void.
II.
That judgment should be rendered directing he
defendant City Gouncil to grant plaintiff's applicati n for
� subdivision, together with the variances incident the eto.
�'
� III.
t_
� That the trial court herein should retain j ris-
diction under the Declaratory Judgment Act ta impleme t the
above Conclusion.
IV.
That plaintiff should be awarded their cost and
disbursements herein. ;
I
. LET JUI?GMENT BE ENTERED ACCORDINGLY .��R A 0-DAY STAX .
L�'
Dated: t4ay ��, � , 1982.
1 ,.-.
�
.•
0
Judge of D(ist�ic`� Court I
�
• I
' ;
�i
MEMO
. The scope of�review in matters such as thi is
�set forth in Hann v. City of Coon Rapids (313 NW2d 4 9).
The test set out therein is whether or not the zonin
authorities�' action was reasonable under the circums ances
then existing. In other words, under the existing 1 w and
the Mendota Heights Subdivision Ordinance a request or a
� variance is reasonable if special conditions affect he
►
land so that reasonable use of it is being denied, i
the general welfare of the community will not be ha ed
and if the variance will alleviate a hardship.
I�
. Reviewing the reasons given belatedly by t e
Council for its denial (CR Investments Inc. v. Shore iew
304 NW2d 320), the Court found no substantial eviden e
supporting any of the al-legations of plaintiff's pri r
' kno�aledge of a subdivision attempt, a history of flo ding
in recent years, traffic safety, inconsistency with he
,� comprehensive plan for the city's development and no
� hardship involved to plaintiff. As concerns the fil ing
and excavating which the prior owner had dane, the D R
had made it clear that as far as they were concerned the
issue was concluded, and in any event, that �ras not ction
taken by plaintiff and he shouldn't be saddled with ny
_, . .
' approbrium attendant to if. �
In this Court's view, under the facts addu ed,
the Council's action denying the requested variances must
�
be held to be arbitrary, capricious and unreasonable
1 J.M.F. I .
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��
CITY OF 11EN�OTA HEIGHTS
P1EP•10
f1a,y 28, 1982
T0: City Council
FR01•1: James E. Danielson
Publ ic 6Jorks Director
SUBJECT: Private Driveway Access - Art Mulvihill
I have received a request from Art P1ulvihill to construct a pr'vate
drive�aay on Victory Avenue that would extend from his property �vest rly to
Pilot Knob Road, (about 500 feet). ,
Staff feels that tvith the proper safeguards for the Cit� bein met
this driveway could serve the access needs for this lot until a per anent
solution for the avhole area occurs tivhen it develops sometime in tlie future.
I have drafted a developer's agreement, attached hereto.' If y u agree
with the concept of this agreement, it should be reviewed by the Ci y Attorney
before execution.
DEVELOPER'S AG�EEMEPJT CONCERNING DRIVEWAY
CONSTRUCTION ON THE fdORTf� 33 FEET OF
VICTORY AVEfJUE BET!JEEN T.H. 55 AND CSAH 31
SECTIOPd 27, T28PJ, R23'�J, ��IENDOTA HEIGHTS, MINNESOTA
This agreement, made and entered into this day of ,
1982, by and between the City of Mendota Heights, Dakota County, Minnesota
(hereinafter referred to as "City"), and Arthur T. Plulvihill an in ividual
under the laws of the State of Minnesota, with address at 1154 Orc ard Place,
��lendota Heights, P1innesota 55118, (hereinafter referred to as Dev loper).
'rJITNESSETH :
WHEREAS, P4innesota Department of Transportation through pressures by
the Developer acquired under a"hardship take" of his father's pro erty lo-
cated at 2181 Highway 55 (parts of Lots 9, 10, 11, 12 and 13 of Block 2,
Perron Place Addition) for right-of-way to be used to uograde Trun Highway
55; and
WHEREAS, the Developer's property located at 2183 Nighway 55 (part of
Lot 5, Block 2, Perron Place Addition) has access to Trunk Hiahway 55 by
easement through his father's property; and
WHEREAS, as part of the "hardship take" agreement the Developer had to
sell that access to the Minnesota Department of Transportation; and
bJHEREAS, the Developer is presently interested in sellinc� his Ihouse at
2183 tiighway 55; and
� I�JHEREAS, the Developer's hous.e is not saleable without legal a�Cces.s; and
WHEREAS, Victory Avenue exists as a platted undeveloped�street along
the Developer's south boundary; and �
I�JHEREAS, the Developer has asked the City to build Victory Ave ue as a
public street and the City did not feel it was aporopriate to� const uct the
street at this time; and ;
i
WHEREAS, the Developer has now asked to be allowed to co�nstruc a private
drive on and along Victory Avenue right-of-way; and �
WHEREAS, the City has agreed to allow that private drive to exhst;
NOW THEREFORE, it is hereby agreed by and between the two part�ies as
follows: I
1. The Developer agrees to construct and maintain totally ai is own
expense a private drive in accordance with the site plan as approve by the
City Council and attached hereto (Exhibit "A").
2. The Developer and his agents shall use extreme care during the con-
struction process (which includes grading, surfacing, seeding and e osion con-
trol) to protect and maintain existing:
Private and Public land characteristics.
�.
3. The Developer further agrees to correct any deterioration of ad-
jacent property due to erosion, silting, soil depositation or degredation
and such corrections shall be completed immediately upon written direction
from the Public Works Director. '
To insure corrective action a cash es�row or letter of credit in the
amount of $1,000.00 shall be posted with the City. Said funds shall be used
by the City if, after notification from the Public Works Director, Developer
takes no action to correct noted deficiences. Any unused funds will be re-
funded to the Developer after City final inspection.
4. Developer further agrees to obtain the necessary driveway permits
from Dakota County.
5. Developer agrees to construct driveway on 33 foot wide strip as
described in Perron Place Addition plat.
6. Developer agrees that this driveway construction in no way prevents.
the City from constructing a City street, or installing public utilities with-
in said right-of-way at a future date and assessing the property for its fair
benefited amount.
CITY OF MENDOTA HEIGHTS ARTHUP, T. PIULVIHILL
Robert G. Lock�vood, P�ayor
Orvil J. Johnson, City Administrator
�
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