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1989-02-07
0-./velt End of Consent Calendar. 6. Introductions. 7. Public Comments. I 8. Public Hearing: * a. Vaca ion of Eugenia Street and Alley*- 7:45 p.m b. TIF District kelocation Benefits and discussion of T.H. 55 area a ev op ent Pla IMPROVEMENT 8 -6) >�7-tM!1T _ 8. o p.m a r 3` "' S. We�ondit nal Use aWetlan /Pe it 1 Co * 7�g f om' 17 8:15 d. Zo in Ordinance PU^�en e t - 8:30 p.m. g _ i 9. Unf�h d a40 nBusiness. 51 - a . S)�r et iqhting Policy - b. Resolution calling fojPu n Utilit serve Val's Addl.tioROVEMENT 88- 11 es to CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA T" �FEBRUARY 7, 1989 = 7:30 P.M. 1. Call to Order. - ; q D 2. Roll �Q call. - V�/✓. 3. Agenda Adoption. /1 4. Approval of January 17 Minutes. 'w i 5. Consent Calendar: -/' a. 1989 Board of Review b. Workers Compensation Coverage. c. Engineering Excrow ordinance d. Traffic Signal Painting e. ISD #197 Bus Garage Sian Permit Application f. Construction of Executive Drive g. Acceptance of Streets & Utilities Copperfield II & III & Hampshire Estates Pha h. Acknowledgement of January Code Enforcement Rep i. Cablevision Polio . j. Garretson Lot Division k. Acknowledgement of 1/24/88 Planning Commission Minutes 1. Approval of the List of Licenses m. Approval of List of Claims ** n. Addendum to Police Contract End of Consent Calendar. 6. Introductions. 7. Public Comments. I 8. Public Hearing: * a. Vaca ion of Eugenia Street and Alley*- 7:45 p.m b. TIF District kelocation Benefits and discussion of T.H. 55 area a ev op ent Pla IMPROVEMENT 8 -6) >�7-tM!1T _ 8. o p.m a r 3` "' S. We�ondit nal Use aWetlan /Pe it 1 Co * 7�g f om' 17 8:15 d. Zo in Ordinance PU^�en e t - 8:30 p.m. g _ i 9. Unf�h d a40 nBusiness. 51 - a . S)�r et iqhting Policy - b. Resolution calling fojPu n Utilit serve Val's Addl.tioROVEMENT 88- 11 es to c. Council discussion on proposed Simard and Miriam street improve nt (IMPROVEMENT 88 6) r (W 1 /0 Z/ 7�z - - T. d. M!3 r i n� �a asib' � �t!:VRe Report � port (IMPROVEMENT 89-1) e. Discussidn of city attorney reports regarding ,regulation of: 1. Adult Uses - 'ta� "4- 2. Retail Hours of Operation f. Approval of gutter installation, approval of hit "d ontractor paym7el 9-�� evr� Disc2=ion of city at o y report regarAnglegal recour%e with r g!a��ddto ort.noise. ")K Z _ �;t " - I F Sp�� h. ring Team ing Woh7kIp"'with commissions F s 0 and Staff r10. Adjourn. MEMO CITY OF MENDOTA HEIGHTS February 7,1 To: Mayor and City Council From: Kevin'Fr� ity Administrator Re: Add -On Agenda for February 7 1989 Additional information is submitted for two items (*) a ready scheduled on the agenda, and two new items (**) are add d. 3. Agenda Adoption It is recommended that Council adopt the revised agenda printed on pink paper. 5.n. Addendum to Police Contract The 1989 budget allocates funds for the Police Chief to assign an officer to full-time investigation duties. The "going rate" in metropolitan area suburbs for this special duty is an additional $115 per month. Attached is a proposed addendum to our police contract adding that provision. ACTION REQUIRED Motion to approve the addendum to the 1988/89 police co tract regarding supplemental pay for investigation duties. 8.a. Vacation of Eugenia Street and Alley Attached is letter which has been received concerning the proposed vacation. ACTION REQUIRED To receive the letter as a part of the public hearing r cord. 9.f. City Hall Architect and Contractor Payments Please see attached memo concerning recommendation for hese payments. 9.h. Spring Team Building Workshop with Commissions Staff With Friday's packet, Council received a memo concernin the Spring workshop; however, the item was inadvertently let off the agenda. Although I recommended a date of March 25th, I have bee reminded that that is Easter weekend. Therefore, we should probably go with March 18th. If that date doesn't work for everyone, Don Salverda is also holding Saturday, April 35th open (income taxes anyone?). INVESTIGATION PAY ADDENDUM Any officer assigned by the Chief to full-time investiga duties shall receive an additional $115 per month as supplemental pay. FOR CITY OF MENDOTA HEIGHTS Mayor City Clerk FOR LAW ENFORCEMENT LABOR SERVICES, INC. Business Agent Steward Da e Froms R. E, and D. R. Heidenreich 598 Sibley Hwy. St, Paul, Minn. To whom it may concerns In response to your recent notification of a proposal to vacate E enia St. from Hwy. 13 to Hiwatha and connecting alley running from Garden' ne to Eugenia St. we wish to be on.record as opposing this proposal for the following reasons: The alley now serves as an entry for people to their property or ap an exit other than onto Hwy. 13. Because of increased volume and speed on he Highway plus obstructed view this is important to consider as an alternate to backing out onto the highway. Intentioniof this homeowner to convert garage into a family room a garage with entry*or'exit fromzrear. The alley connects to Eugenia Street which we understand is prese blocked marked by a quasi -official sign indicating municipal prop The vacating of our alley is in conflict with the original intent planners and we expected our property to remaim in original plan. The problem of servicing the power line and reserving a portionio for that purpose will result in no practical use of the 10 .feet w acquire as fencing and use is impossible if this is the considers We herby register our oppositon to the proposal.. to build illegally the city the alley would ion.. CITY OF MENDOTA HEIGHTS MEMO February 6, 1989 TO: Mayor and City Council FROM: Kevin D. p41ity Administrator SUBJECT: Recommendation Concerning City Hall Architect and General Contractor Application for Payment The Council packet sent out Friday afternoon included c pies of Application for Payment from the City Hall Architect Lindberg, Pierce Inc. and the General Contractor, Josep Company. The memo indicated that staff would be meetinj with the architect and contractor on Monday morning to revieq the status of completing City Hall, and would make a recommendation for payment with the add-on agenda mater'als Tuesday evening. CONTRACTOR'S PAYMENT Gene Lange, Guy Kullander and I spent approximately 2 h urs with the architect and general contractor going through the line item payment request on items left unfinished. It was agreed that $7,600 of the delineated work remains to be completed, and should be withheld from the final payment. It was also agreed that a 1% retainage, or $10,876, should remain to cover unresolved problem areas. This include correcting "bird baths" on the sidewalks and in the par Ung lot near the police station garage. The payment recomm nded for the general contractor this evening would then be $60,305.78, leaving approximately $18,000.00 to complet the contract. ARCHITECT'S FEE Attached also is a request of payment from the architect in the amount of $9,729. The payment of this amount will leave approximately $3,500 remaining in architectural fees to be paid. Staff feels that this should be adequate to cover any deficiencies that might be attributable to design area, i.e. the bird bath problem. ACTION REQUIRED: If Council concurs with the recommendation made -by staff, they should pass a motion approving the payment of $60,305.78 to Joseph Construction Company for the City Hall genera contract, and $9,729 to Lindberg, Pierce, Inc. for City Hall architectural services contract. APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 PROJECT: NLV CITY HALL BUILDING ARCHITECT: (name, address) Lexington and State Highway 110 Lindberg Pierce, Inc. Mendota Heights, MN. ARCHITECT'S PROJECT NO: PAGE ONE OF 4 PAGES Tn rn....,e�� .. X71 e osep Company, Inc. 50 South Plaza Drive Mendota Heights, Mn. 55120 CONTRACT FOR: New City Hall APPLICATION DATE: 1/31/89 APPLICATION NO: Thirteen (13 ) ATTN: PERIOD FROM: 11/1/88 TO 1/31/89 CHANGE ORDER SUMMARY Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G702A, is attached. Change Orders approved ADDITIONS $ DEDUCTIONS $ in previous months by Owner— TOTAL Subsequent Change Orders Number Approved (date) G-1 - 9,169.00 G-2,3,4 11,943.75 G-5 19,390.80 G-6 10,130.00 TOTALS Net change by -Change Orders S + 32, 295.55 State of: Minnesota County of: Mower The undersigned Contractor certifies that the Work covered by this Appli- cation for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received from the Owner, an that the current payment shown herein is now due. Contr tor: oseph Company By Date: The present status of the account for this Contract is as follows: ORIGINAL CONTRACT SUM ......................$ 1,054,000.00 Net change by Change Orders ................... $ 32, 295.55 CONTRACT SUM TO DATE ....................... $ 1, 086, 295.55 TOTAL COMPLETED &STORED TO DATE ..........$ -: ---• ---_- '- 07r,6R5'5S (Column G on G702A) /D� 78(0.75 RETAINAGE e % .........................$ or as noted in Column I on G702A TOTAL EARNED LESS RETAINAGE $ ^^� - '/ d67i ................. -1-744 •�.-r- LESS PREVIOUS CERTIFICATES FOR PAYMENT ........$ 1, 007, 602.82 CURRENT PAYMENT DUE .........................$ %0 305.75 Subscribed and swam ttrbefore me this % 31St day of January '19 89 Notary Public: x—) r r - My Commission expires: December 1991 In accordance with the Contract and this Application for Payment the Contractor is entitled to payment in the amount shown above. OWNER Architect: /01t9'T46-, /i IC, ❑ ARCHITECT a ❑ CONTRACTOR This Certificate is not negotiable It is payable only to the payee named herein and its issuance, payment and acceptance are without prejudice to any rights of the Owner or Contractor under their Contract AIA DOCUA' GM • APPLICATION AND CERTIFICATE FOR PAYMENT • MARCH 1977 Er V • AIAS 0 1971 • TI- -.RICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVE., N.W., WASHING ). C. 20006 -7n T =Ty HALL SCHED= OF -VALUES,-.., CONTINUATION SHEET AIA DOCUMENT C702A FACE 2 OF 4 PACES AlA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: 13* In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECTS PROJECT NO. A '1 9 1000 General Conditions 02200 Earthwork 02411 Foundation DrainSyst; 02513 Bituminous Paving 02710 Vinyl coated fencing 02800 Landscaping 02900 Seeding 03300 Concrete & Reinf. 03430 Precast Concr. Plank 03450 Poured Gyp.Underlaymt 04220 Unit Masonry 04420 Cut Stone 05120 Structural Steel 05500 Metal Fabrications 06150 Prefab Wd. Trusses 06151 Prefab Wd. Beams 06200 Carpentry 06400 Millwork 07100 Concrete Deck Coating .07150 Dampproofing 0 07200 Bldg. Insulation 0 07300 Wd. Shingle Roofing 10 �0764 Exterior Louvers 0 079W Caulking* LO 08110 Stl. Frames a Doors 08120 Aluminum Door, side lite & Window Frmg. 08200 Wood Doors 08360 Overhead Garage Drs. PUWClg. 'Access Panel 108600 Clad Wood Windows S3,614.00 83,614.00 32,000. 32,000.00 5,400. 5,400.00 185,400.9 185,400.00 38,200, WORK COMPLETED 12'O -SCHEDULED— 10,000.00 STOKED� —TOTA-t-CONU BALANCE VALUE Previous This MATERIALS STOKED TO DATE TO FINISH C Applications Application F G(D+E+F) -H(C—G) 4,000.00 4,000.Q0, E 6,000.60 55,000. OC 54,000.00 1#800.00 55,000.00 143,250-00 143,250.00 24,600.001 143,250.00 2,0000. M 2,000.00 2,000.00 19,806-00 19,806.00 19,806.00 11800. 1,800.60 1,800.00 24,000.� 22,000.00 �,8e6.6a 24,000.00 S3,614.00 83,614.00 32,000. 32,000.00 5,400. 5,400.00 185,400.9 185,400.00 38,200, 38,200.00 12'O 12,400.00 10,000.00 10,000.00 8,000.00 81000.00 00 68,400.1 67,700.00 51,000.00 49,000.00 2,000.00 2,000.00 4,000.00 4,000.Q0, 6,000.00 6,000.60 27,000.00 27,000.00 1#800.00 1,800.00 1,600.00 1,600.00 24,600.001 24,600.00 414041 66 000.00 too 941 6,000.00 of a 5, 500. 00 • 41 041 450.00 94e es 000.00 83,614.00 32,000.00 5,400.00 185,400.00 17,000.00 61000.00 5,500.00 450.00 31,000.00 I SUB -TOTAL OR TOTAL I - 867,220.001 1 Z-- JU I ISOM rr CMA --46- p MNUAT10" SHEET 10 witCH "" IEDMO#4 a MAGI THE AMEM" kMMnM OF AICHfT=M VW NEW YOM Avg tLWv WASHINGTON. S.LP ?M _ - - rs..'-__ _ -. - -"" -n.j'C" "gid � C-. ..:.d::i .tv- �isv � h• • -: L..F�...r sr.� ._, M1 _-.";. �?'FZ`�-',���aw _ �. .•r+�.� •'T.' ' a "plc:: •.$` _- -. . • • - " '?r ]�7iri�iNi L EZXG 1i1r7 � [ ALL - '� ��{���p' �.�/�- yam. . - HALL - .... • . � � .—�^:yam-t�'�.�}''.ys-r_�4�zsd"-r ` wi�..L'.irai./ULE Or V1W�.7L.7_Y �*.. +����� ._ •i� y�-ri - .. r. r. rx.�.�" •� _ •_ 4 +� `_ t:ONTtNUATION SHEET AIA DOCUMENT C702A PACE 2 or 2 PAGE AIA Document G702, APPUCATION AND CaitnnCATE FOR PAYMENT, containing (13) CONTRACTOR'S signed Certifiaticm is attached. APPLICATION NUMBER: Thi>;teen In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contacts where variable retainage for tine items may apply.* ARCH TECrS PROJECT NO: [7'E!� DESCRI WORK COM TEP STOREDTOTAt COMPLETED AND tALAN« ILEi`AINAGE No. VALUE Pn+iow This MATERIALS STORED TO DATL TO FINISH A i C A.Wiadors Appikadon F cto+E+n % -H(C—C) I I D E Brought Forward: 867,220. ` -. 700 Finish Hardware 61000. 5,500.00 500.00 6,000.00 QO GlassandGlazing 1,480. 1,480.00 1,480.00 250 Metal Frmg.&Gyp. Bd. 56,000. 56,000.00 56,000.00 330 Ceramic 6 Quarry Tile 14,000. 14,000.00 14,000.00 500 Acoustical Ceilings 12,000.00 12,000.00 12,000.00 510 Fab.cover Acoust.Pnls .3000 50 Resilient Flooring 21,000.00 17,000.00 -4;-96E) 21,000.00 580 Carpet 900 Finish Painting 24,000.00 20,100.00 -3;388:tc` NO 0, 24,000.00 950 Vinyl Wall Cover 2 Sd D 0100 Porcelain Markerboar 800.00 800.00 800.00 0120 Display Cases 5,200.00 5,200.00 5,200.00 0180 Toilet Partitions 2,400.00 2,400.00 2,400.00 0190 Precast Shwr.Receptrs 700.00 700.00 700.00 0230 Disappearing Stairs 400.00 400,00 400.00 0350 Flagpole 2,000.00 2,000.00 OMli' 0 2,000.00 0430 Cast letters & plague 500.00 —506. 00�- 500,00 0440 Interior Plaque signs 1,000.00- , 1,000.00 11000.00 0450 Illuminated Ext.Sign 2,600.00 2,600.00 2,600.00 0500 Metal Lockers 6,000.00 6,000.00 6,000.00 0522 Fire Ext. & cabinets. 500.00 500.00 500.00 0800 Toilet Accessories 4,000.00 4,000.00 4,000.00 . 0900 Coat Racks 300.00 300.00 300.00 3S0 Projection Screens 1,200.00 1,200.00 1,200.00 1830 Dishwasher 700.00 700.00 700.00 4200 Hydraulic Elevator 24,000.00 23,500.00 X00.00 24,000.00 SUE TOTAL OR TOTAL I- - I���li�i�r�� q"OCIM INT C=4 0 CONnMJATMK S?� M # MARCK lin EDrrm" • ;;7m •' Tttt AMMICJV -MTLM Of AMCWf EGM WU WW YORK AV2L. PCWP WASHINGTOM CL MG CONTINUATION SHEET AIA DOCUMENT G702A PAGE 4 OF 4 PAGES AIA Document 6702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. in tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED No. VALUE Previous This Ca c A C Applications Application I APPLICATION NUMBER: Thirteen- (13) ARCHITECT'S PROJECT NO: STORED TOTAL COMPLETED AND BALANCE RETAINAGE MATERIALS STORED TO DATE TO FINISH F G(D+E+F) q% H(C—Gj I. Change order G-1 9,169.00 - 91169.00 - 9,169.00 Change order G-2 3,876.00 3,876.00 3,876.00 Change'order G-3 512-00 512.00 512.00 Change order G-4 7,555.75 7,555.75 7,555.75 Change order G-5 19,390-80 19,390-80 19,390.80 Change order G-6 10,130.00 Soo '9(030 l,o5f,4is.55 Z7, 130 SUB TOTAL OR TOTAL 086, 295.55 -Ci5 '�57 61.99 086,295.55 ALA DOCUMI 107A e CONTINUATION SHEET 9 MARCH 1971 EDITION 0 AIA49 0 0 THEASASR'CAN -3TITUTE OF ARCHITECTS, 173S NEW YORK AVE.. N.W.. WA1ZM1$1J(-.TnNt r% r 11 Lindberg Pierce, Inc. Architects Suite 1200 15 South Fifth Street Minneapolis, Minnesota 55402 James H. Lindberg (612) 332-3339 Robert L. Pierce G? November 8, 1988 City of Mendota Heights 750 South Plaza Drive Mendota Heights, MN 55120 Attention: Mr. Gene Lange STATEMENT FOR ARCHITECTURAL / ENGINEERING SERVICES Account: New City Hall LP Comm. No. 87-10 Total Fee To Date: (.07% x $1,518,955 Construction Cost) Earned Compensation to Date as per Agreement Previously Billed and Received Amount Due This Statement Thank you $1016,326.00 102, 804.00 ,075.00 $ 19,729.00 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA FEBRUARY 7, 1989 - 7:30 P.M. 1. Call to Order. 2. Roll Call. 3. Agenda Adoption. 4. Approval of January 17 Minutes. 5. Consent Calendar: a. 1989 Board of Review b. Workers Compensation Coverage. c. Engineering Excrow Ordinance d. Traffic Signal Painting e. ISD #197 Bus Garage Sian Permit Application f. Construction of Executive Drive g. Acceptance of Streets & Utilities Copperfield II & III & Hampshire Estates Phase h. Acknowledgement of January Code Enforcement Report i. Cablevision Polio ` j. Garretson Lot Division k. Acknowledgement of 1/24/88 Planning Commission Minutes 1. Approval of the List of Licenses m. Ar valfst o Claims End of onsent Calendar. 6. Introductions. 7. Public Comments. 8. Public Hearing: C. d. Vacation of Eugenia Street and Alley - 7:45 p.m. TIF District Relocation Benefits and discussion o T.H. 55 area Redevelopment Plan IMPROVEMENT 85- 8:00 p.m. U.S. West Conditional Use and Wetlands Permit Continuing hearing from 1/17 - 8:15 Zoning Ordinance (PUD) Amendment - 8:30 p.m. 9. Unfinished and New Business. a. Street Lighting Policy b. Resolution calling for public hearing on Utilitie serve Val's Addition (IMPROVEMENT 88-4) to 6 c. Council discussion on proposed Simard and Miriam street improvements (IMPROVEMENT 88-6) d. Morin Feasibility Report (IMPROVEMENT 89-1) e. Discussion of city attorney reports regarding regulation of: 1. Adult Uses 2. Retail Hours of Operation f. Approval of gutter installation, approval of architect and contractor payments g. Discussion of city attorneyreport regarding legal Y/ recourse with regard to airport noise. 14. Adjourn. S Pag No. 2450 Januar 17, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 17, 1989 Pursuant to due call and notice thereof, the regular meeting f the City Council, City of Mendota Heights, was held at 7:00 o'clo k P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilme bers Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Councilmember Hartmann moved adoption o the revised agenda for the meeting. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Hartmann moved approval o the minutes of the December 20th meeting. Councilmember Cummins seconded the moti n. Ayes: 5 Nays: 0 Councilmember Cummins moved approval o the minutes of the January 3rd meeting. Councilmember Hartmann seconded the mo ion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved approval o the consent calendar for the meeting, alon with authorization for execution of all nec ssary documents contained therein. a. Approval of a critical area plan f r Dr. Samuel Hunter, to allow constructs n of a vestibule addition to his home at 175 Orchard Place, along with waiver of the public hearing requirement. b. Acknowledgment of the Treasurer's monthly report for December. c. Approval of the issuance of a cigarette license to Fina Serv, Inc. d. Approval of issuance of a rubbish auler license to Krupenny & Sons Disposa Service, effective through March 1989. e. Approval of the list of claims da Councilmember Hartmann stated that the improvements done in the area adjacent Colon property included street, curb, storm sewer. He noted that the Colon was at the time owned by the Clemens f that because the City did not wish to development of that property it was no He also stated that at that time, ever project area knew that eventually ther storm sewer installed and assessed. Ad he stated that Miriam and Simard are t thru streets in the area that do not h and gutter, and as long as streets wer and guttered and storm sewer was insta Freemont area, which adjoins the Miria area, it seems strange to end the curb is now the end of Miriam. He felt tha the only opportunity that the City wil have to complete the improvements on M Simard. Councilmember Blesener asked whether t Miriam/Simard Street construction coul alternate to the project. She stated Council has always considered storm se neighborhood improvement if the proper contributing water to the district, an the existing neighborhood should pay i proportionate share of the storm sewer initial to the utter and roperty mily and orce assessed. one in the would be itionally, e only ve curb curbed led in the /Simard ng at what this is possibly ream and be an hat the er a ies are felt that cost. Page No. 2451 Januar 17, 1989 January 17, 1989 and totaling $1,042,918.99. f. Acknowledgment of the Quarterly Goa "s Project Report. g. Approval of the list of contractor icenses dated January 17, 1989 and attached hereto. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 FEASIBILITY STUDY, The Council acknowledged receipt of the NORTH IVY HILLS feasibility study for proposed sanitary sewer, ADDITION water main, storm sewer and street impr vements to serve the North Ivy Hills 2nd Additi n and adjacent areas. Mayor Mertensotto poin ed out 'n that the study indicates about $20,000 assessments to adjoining properties. He stated that Council consented to Mr. Colon's request not to be tied into the other areas and felt that unless people in the adjoining area want to have street and curb and gutter improvements, he would not be comfortable with assessing them. Councilmember Hartmann stated that the improvements done in the area adjacent Colon property included street, curb, storm sewer. He noted that the Colon was at the time owned by the Clemens f that because the City did not wish to development of that property it was no He also stated that at that time, ever project area knew that eventually ther storm sewer installed and assessed. Ad he stated that Miriam and Simard are t thru streets in the area that do not h and gutter, and as long as streets wer and guttered and storm sewer was insta Freemont area, which adjoins the Miria area, it seems strange to end the curb is now the end of Miriam. He felt tha the only opportunity that the City wil have to complete the improvements on M Simard. Councilmember Blesener asked whether t Miriam/Simard Street construction coul alternate to the project. She stated Council has always considered storm se neighborhood improvement if the proper contributing water to the district, an the existing neighborhood should pay i proportionate share of the storm sewer initial to the utter and roperty mily and orce assessed. one in the would be itionally, e only ve curb curbed led in the /Simard ng at what this is possibly ream and be an hat the er a ies are felt that cost. Pag No. 2452 Januar 17, 1989 Councilmembers'Blesener, Hartmann and W tt all felt that it would be in the best inter st of the City to include the curb and gutter and overlay on Miriam and Simard as an alternate in the resolution. It was also Council consensus that the torm sewer cost should be equalized over theproject area. After discussion, Councilmember Blesene moved adoption of Resolution No. 89-04 "RESOL TION ACCEPTING ENGINEERS REPORT CALLING FOR 1EARING ON PROPOSED SANITARY SEWER, WATER, STORM, kND STREET IMPROVEMENTS TO SERVE NORTH IVY FALLS 24D ADDITION AND ADJACENT AREAS (IMPROVEMEN NO. 88, PROJECT 6)." Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 HEARING - U.S. WEST Mayor Mertensotto opened the meeting for the purpose of a continued hearing on an a plication from U.S. West for Conditional Use Per it and Wetlands Permit to allow construction cf an essential service structure in the Kensington area. Mr. Ken Dahlman of U.S. West was prese: hearing. He stated that at the last C discussion on the matter, he was asked to find another site in the area, but been unable to do so. He then showed rendering of what the facility would 1 He indicated that his firm has tried t building into the architecture of the development and will do considerable 1 He pointed out that the building is cl pond than they would like it to be. M explained that he has looked for alter building sites up and down Mendota Hei and has not been able to find a site t currently proposed for development of which would be developed in a manner t enough for his firm. He stated that mu land is planned for future development there is no plan yet approved by the C than the Centex plan. Councilmember Cummins stated that oth4 idealized building sketch, the applici given him no reason to approve the pri evening. He stated that while it wou: for the him to try hat he has n artist's ok like. blend the .ensington ndscaping. ,ser to the Dahlman native -hts Road at is not comes or ,mely :h of the but that .ty, other than an t has osal this be nice Pagt No. 2453 January 17, 1989 if the City would cooperate, he can see no benefit to Mendota Heights in approving the facility. Mr. Dahlman responded that this is a first of a kind of project involving new fiberopti technology which will initially supply he 100 homes in Kensington Development, but which has the capability of serving the entire ar a. Councilmember Cummins stated that he is not unsympathetic to U.S. West's needs, but that he cannot think of a more inappropriate site for the building. He pointed out that Council aas worked very hard to try to retain some unobstr cted shoreline and the proposed building wil not add anything to the development. Councilmember Blesener commented that there is proposed park land to be dedicated just east of the site and that Council is in the process of developing park plans for the area. S �e suggested that Council might be willin to work with U.S. West on the potential of loc�ting a facility in the park area. Responding to a question from Councilmember Blesener about the U.S. West timetable, Mr. Hopkins stated that if he could know the location of the proposed park in one to one and one half months, it could be considered. Administrator Frazell stated that the very earliest hat it could be considered would be at the Fe ruary Planning Commission meeting and the ea liest consideration by Council would be the irst meeting in March., Councilmember Cummins stated that whil he does not want to unduly delay the project for U.S. West, he would suggest that the matter be delayed for two weeks to see whether the City can come up with an alternate location. Mr. Dahlman agreed to the suggestion. Councilmember Cummins moved to continu the public hearing to February 7th with th proviso that City staff meet with Mr. Dahlman Ln an attempt to locate a more suitable site Councilmember Witt seconded the motion Ayes: 5 Nays: 0 MORIN STORM SEWER Council acknowledged memo from Public orks Director Danielson regarding a petitio from Pag No. 2454 Januar 17, 1989 Robert Morin, 963 Chippewa Avenue, for a feasibility study for storm sewer for 963 Chippewa Avenue and adjacent areas. Mr. Morin was present for the discussion. Councilmember Cummins asked Mr. Morin whether the property he is currently requesting drainage assistance for is the same property he did not want assessed in 1976. Mr. Morin resp nded that his position in 1976 was not that he did not want to be assessed but that the system which was installed in the area did not provide any benefit to his property since it does not drair to the storm sewer which was installed. Councilmember Hartmann gave the Council a history of the prior project. Mr. Morin stated that when Simard was constructed, the water was dammed up or his square block area. He stated that he asked for storm sewer in 1968, and in 1976 again approached the former city enVineer requesting th t a feeder line and catch basin be•installed to serve his area but that his request was turned d wn. Mayor Mertensotto pointed out that there are poor soil conditions in the area and the lots may need extensive soil correction. He asked the Public Works Director how expensive the feasibility study will be. Mr. Danielson responded that he believ cost under the $600 escrow Mr. Morin h requested to deposit. Public Works Di Danielson stated that there is soil co needed for each of the lots and there additional costs to future buyers of t properties to develop the lots. He st those buyers will need to be informed of the soil correction needs. He poin that all of the lots in the block drai low spot and that all of the lots will assessed if the project is ordered. Mayor Mertensotto asked Mr. Morin whet would be willing to deposit $600 as a escrow with no guarantee from the City project will be constructed. Mr. Mor responded that he would need to discus matter with his legal counsel. Mayor Mertensotto suggested that the resolution authorizing the feasibilit s it will s been rection ill be ted that n advance ed out to the need to be er he easibility that the n the oposed study be Pag No. 2455 Januar 17, 1989 amended to make the study preparation conditioned upon the applicant depositing a $600 feasibility study escrow with the City. After discussion, Councilmember Cummins moved adoption of Resolution No. 89-05, RESOL TION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY'REPORT FOR 963 CHIPPEWA AVE UE AND ADJACENT AREAS," as amended to conditio preparation of the study on the petitio er's depositing $600 to cover the cost of feasibility study preparation. Councilmember Hartmann seconded the mo ion. Ayes: 5 Nays: 0 SOLVAY RESEARCH Council acknowledged receipt of a letter from CENTER United Properties requesting approval cf a building permit for a proposed Solvay Inimal Health Inc. headquarters building to bc located on a 5.5 acre site at the northeast coiner of Northland Drive and future Executive Diqive. Mr. Dale Glowwa, from United Properties present for the discussion. He stated Solvay needs to move into the new faci end of August and his firm is fast-tra, project. He gave Council a background Solvay firm, stating that 130 employee located in the building, 60 of which w transferees and the balance new hires. Glowa stated that there will be some h test materials in the facility and tha everything will be transported off sit specialist. He informed Council that square foot building will be approxima half administrative office space and o laboratory and technical research area Glowa stated that there will be consid landscaping and open space and more th parking for the building. He stated t landscaping will be blended into the n environment and that United Properties the site and the structure, leasing it long term basis to Solvay. Mr. Glowa the Council that he will be back next applications for conditional use permi platting. After a brief discussion, Councilmembe moved to grant approval of a building the Solvay Animal Health, Inc. buildi.n to staff review and approval of plans specifications and conditioned upon th was that ity by the king the on the will be 11 be Mr. zardous by a he 60,000 ely one e half . Mr. rable n adequate at formal tural will own on a very nformed ,onth with and the Witt rmit for subj ect developer Page No. 2456 January 17, 1989 filing conditional use permit and preliminary plat applications within the next three months. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 AIRCRAFT CORRIDOR Council acknowledved a memo from Administrator Frazell recommending shuttle diplomacy to resolve the aircraft corridor issue. Administ ator Frazell stated that MASAC Chair Walter Rockenstein has volunteered to appear before the City Council and Eagan City Council on February 7th to hear Council concerns over the orridor. He would then try to appear before Coucil again February 21st with a report. Administrator Frazell stated that for zbout a year there have been attempts to get Mendota Heights and Eagan to agree to an appro riate corridor off runways 11R and 11L. He jointed out that Eagan would like to see the bound ry further to the north and Mendota Heights would like to see it further to the south but no one has been able to come to an agreement. He indicated that this is why Mr. Rockenstein has offeree to be a mediator between the communities to trl to come up with alternative proposals that bott Cities could agree on. He pointed out that i this is not possible MASAC will take a look at both positions and make a recommendation to MAC who will then turn the issue over to the FAA for an ultimate decision. Mr. Joseph Meagher, present for the di cussion, asked why the issue has to go before the FAA. He stated that in their presentation in June, the FAA shifted the corridor to the north efore doing an EIS and now tell him that they must do an EIS before they can shift the existing corridor. He felt that the City should sue the FAA since no EIS was done for the existing corridor. Councilmember Blesener asked attorney Tom Hart whether he had done any research on wh t legal actions Council could take. Mr. Hart responded that if the corrido changed and if there is a federal regu which requires the EIS, then perhaps C would have some ground to bring legal federal district court. He stated tha review the alternatives if Council so has ation uncil ction in he would irected. Pag No. 2457 Januar 17, 1989 Mayor Mertensotto pointed out that the question is, who has standing to bring lawsuit. Councilmember Cummins suggested that Council pursue a dual track, that being shuttle diplomacy, and directing the City Atto ney to do research into the preliminaries of potential impact for the City.. He felt the atto ney should and look into basic issues such as sta ding for commencing action against MAC or whoev r else the City might take action against. Attorney Hart stated that there are se eral possible ways to look at the issue. T e first method would be to try to get the corridor moved back, getting the appropriate agencies to act. The second would be for Mr. Meagher, et al, to file a class action suit for damages. A third alternative would be to look into situtions in which the city could require coml?lianc with recommendations or move the corridor. Councilmember Cummins stated that Council should focus its efforts on moving the corridor back and compelling the FAA to start parceling ome of the planes to the south that are now being shifted to the north. Councilmember Blesener agreed with the two track approach suggested by Councilmember Cummins but stated that she would also like to make some information available to the residents on what kind of action they may be looking at. Mayor Mertensotto asked Attorney Harthat costs the City might be face and also wonder d how such action would be funded. It was the concensus to request Attorn come back with a proposal telling Coun standing and potential the City has fo litigation in respect to aircraft flyi the corridor, and what basis the City in getting the FAA to implement the EI procedure, along with giving Council a the costs and time frame involved in accomplishing these tasks. Councilmember Blesener moved to implem recommendations contained in the City Administrator's shuttle diplomacy memo invite Chair Rockenstein to attend the Y Hart to it what v north of fight have idea of nt the and to February 7 Pae No. 2458 Janua y 17, 1989 Council meeting. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 PUD AMENDMENT Council acknowledged a memo from the City Clerk regarding the scheduling of a public hearing for discussion on an amendment to the Zoni g Ordinance to require 4/5 affirmative action by Council on PUD applications. Council discussed the proposed languag for the amendment, which had been generated at prior Council and Planning Commission joint eetings, and also discussed whether the 4/5 vot should be required on all PUD's. It was the general consensus that the hearing should be conducted to consider a requirement for 4/5 affirmative vote on all planned unit developments. Councilmember Blesener moved to schedule a public Ayes: 5 Nays: 0 WORKER'S Council acknowledged a memo from Treas rer COMPENSATION Shaughnessy informing Council that the can become eligible for worker's compensat on coverage upon adoption of an enabling ordinance. It was Council consensus that staff be directed to prepare a proposed ordinance necess ry to effect the coverage. hearing on February 7th -and to direct staff to prepare a proposed amendment to the planned unit development section of the Zoning ordinance. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 COMMISSION Council acknowledged a memo from the City APPOINTMENTS Administrator regarding Commission appointments. Councilmember Blesener moved to appoint Sandra Krebsbach, Ultan Duggan and Sharon Koll to the Planning Commission for terms of office running through January 31, 1992. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Witt moved that Robert L ffert, John Huber and William Owens be appoin ed to the Park Commission for terms of office ruining through January 31, 1992. Councilmember Hartmann seconded the mo ion. Ayes: 5 Nays: 0 WORKER'S Council acknowledged a memo from Treas rer COMPENSATION Shaughnessy informing Council that the can become eligible for worker's compensat on coverage upon adoption of an enabling ordinance. It was Council consensus that staff be directed to prepare a proposed ordinance necess ry to effect the coverage. Pae No. 2459 Janua y 17, 1989 ENGINEERING Council acknowledged a memo from Publi Works ESCROWS Director Danielson regarding the $150 er lot feasibility escrow requirement. Councilmember Blesener felt that the a crow requirement needs to be two-stage, fir t for the feasibility and the second for plan an specification preparation. Mayor Mertensotto felt that the feasibility escrow should be either a minimum of $E00, $750 for commercial/industrial properties, or $150 per lot, whichever is greater. Councilmember Blesener disagreed, and elt that the existing policy should be amended to add the requirement for a $500 per lot additional escrow for plan and specification preparation After discussion, staff was directed t review the matter further, including the sugg sted rate for commercial/industrial properties, nd come back with a recommendation. CABLEVISION CATA Administrator Vicki Long was pres discuss with Council the issues surrou impending telecast of Council meetings stated that there are several policy 1 Council should consider. She informed that the meetings will be shown live o 18 and taped for playback once during Ms. Long asked that Council make decis following issues: should the tapes be year or taped over; how does Council w the tapes available to the public (all be viewed at City Hall or provide a co requesting them). She stated that NDC hired a municipal coordinator to do go programming and provide training. It was Council consensus that NDC -4 sh provide the meeting tapes to the City the tapes will be retained for a year. also consensus that staff should draft for viewing of tapes at City Hall and that the City will provide copies, thr for anyone requesting them, at a cost be reimbursed to NDC -4. Staff was directed to prepare a wri cablevision policy for Council cons nt to ding the She sues Council Channel he week. ons on the ept for a sh to make w tapes to y to those 4 has ernment uld nd that It was guidelines urther ugh NDC -4, f $20 to tion. Pae No. 2460 Janua y 17, 1989 There was discussion over the need for audience members to speak at the podium. Mr. Vigil McQuay, a member of the audience, objected to the requirement, feeling that people would be intimidated by having to leave their places to speak at the podium. Councilmember Blesener suggested that a floor mike be provided in the center of the room. COUNCIL COMMENTS Councilmember Blesener asked that Attorney Hart prepare a report on restricting certain commercial uses to specific zoning dis ricts. Council directed Administrator Frazell to ask Don Salverda to submit a proposal for conducting a team building session. Councilmember Blesener suggested that Council, the Planning Commission and Park Commission each suggest ideas for discussion at the session. It was con ensus that the session should be conducted early n the spring. Councilmember Cummins asked staff to r search whether the Zoning Ordinance sets a ti e limit for beginning construction on Planned nit Developments. Administrator Frazell informed Council that the Metropolitan Council nomination committee will meet at the West St. Paul City Hall on January 26th and that Deborah Tompkins has asked that a Council representative speak on her behalf. Mayor Mertensotto asked Administrator razell to compliment staff on their efforts on b half of the January 15th open house. There being no further business to como before the Council, Councilmember Hartmann moed that the meeting be adjourned. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:20 o'clock P.M Kathleen M. Swanson ATTEST: City Clerk Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY ON JANUARY 17, 1989 Asphalt/Blacktopping License: Pine Bend Paving, Inc. Concrete Licenses: Andretta Brothers Arcade Concrete B.R. Moline Masonry Carlson Masonry, Inc. Concrete Systems, Inc. Fred A. Deutsch H.W. Cook & Sons Johnny Masonry, Inc. Simon Bros. Cement Co. Sonco, Inc. Stockness Construction, Inc. Excavating Licenses: Mack's Excavating Pete Smith Excavating Rauchwarter, Inc. Ron Lahti Excavating Gas Piviinng Licenses: A. B ni der & Sons, Inc. Eagan & Sons Company Hinding Heating & Air Conditioning, Inc. North St. Paul Plumbing & Heating Ray N. Welter Heating Co. Rouse Mechanical, Inc. Twin City Furnace Co., Inc. General Contractors Licenses: Axel H. Ohman, Inc. Berwald Roofing Co., Inc. Bream Builders Charles Cudd Corp. Charles Zwinger Dakota Fire Suppression Determan Welding & Tank Service D.J. Kranz Co., Inc. Eagle Fire Protection Co. Eagan Construction Co., Inc. G.L. Contracting, Inc. Heaver Design & Construction Industrial Sprinkler Corp. of Minnesota 1989 CIGARETTE LICENSE: Fina Serve, Inc. 1989 RUBBISH HAULERS LICENSE: Krupenny & Sons Disposal Service General Contracto J.M.S. Equities, Joseph E. Johnson Joseph M. Miller Karlen Constructi Keystone Builders Kraus Anderson Co. Linvill Associate Midwest Fireplace Parkos Constructi Providence Builde Theis Constructio Wenzel Plumbing'& Woodmasters Found Heating & Air Con A. Binder & Sons, Benke Heating Eagan & Sons Comp Gopher Heating & Hinding Heating & Kleve Heating & A Krinkie'Heating & North St. Paul Pl Ray N. Welter Hea Rouse Mechanical, Twin City Furnace Plastering/Stucco Berg Drywall Housley Construct Quality Drywall, Sign Erecting Lic Lawrence Signs, I Midway Sign Compa Signart Co., Inc. IL s Licenses: nc. & Sons, Inc. onstruction Corp. struction Co. . Inc. Heating tion Inc. ny heet Metal, Inc. Air Conditioning r Conditioning Air Conditioning' mbing & Heating, ing Co. Inc. Company Licenses: on, Inc. nc. iy CITY OF MENDOTA HEIGHTS MEMO January 31, 1 TO: Mayor, City Council, Cit m� rator FROM: Kathleen M. Swanson City Clerk SUBJECT: 1989 Board of Review INFORMATION E� The County Assessor's Office has notified me that hey have scheduled the City's annual Board of Review meetin for 7:30 P.M. on Tuesday, April 11th. This is the second T esday in April. The Assessor asks that Council confirm the d to and time or select an alternate as quickly as is possib e. ACTION REQUIRED Council should determine if the recommended date a time are acceptable or reach consensus on an alternate and time. n Y Sate CITY OF MENDOTA HEIGHTS MEMO January 30, 198 TO: Mayor, City Council, City to for FROM: Kathleen M. Swanson City Clerk SUBJECT: Workers Compensation Coverage At the January 17th meeting Council discussed a mem from Larry Shaughnessy indicating that workers compensat coverage can be made available to City Council members. Council consensus was that coverage is desirable and tha staff should prepare an ordinance to authorize the cover eligibility. We have drafted an amendment to the Counci procedures ordinance, and included it in the agenda for February 7th meeting. ACTION REQUIRED Council should pass a motion to adopt Ordinance No. "AN ORDINANCE AMENDING ORDINANCE NO. 102." he 261, CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 261 AN ORDINANCE AMENDING ORDINANCE NO. 102 The City Council of the City of Mendota Heights, Minnesota, ordains as follows: Section 1. Ordinance No. 102 known and referred to "An Ordinance Establishing Rules Governing Conduct and Procedure of the City Council of Mendota Heights, Minnes is hereby amended in the following respect: A. A new Section 21, WORKERS' COMPENSATION COQ hereby added and said Section shall read as follows: SECTION 21. WORKERS COMPENSATION COVERAGE i Rz as ta," , is Pursuant to Minnesota Statutes Section 176.011 subdivision 9, clause 5, the elected officials of the city and those municipal officers appointel for a regular term of office are hereby included ii the coverage of the Minnesota Workers Compensation Act. Section 2. This Ordinance shall be in full force effect from and after its publication according to law. Enacted and ordained into an Ordinance this 7th day of February, 1989. By ATTEST: Kathleen M. Swanson City'Clerk CITY OF MENDOTA HEI Charles E. Mertens Mayor CITY OF MENDOTA HEIGHTS MEMO February 3, 1989 TO: Mayor, City Council and Cit m4 ?Ir A or FROM: James E, Danielson Public Works Director SUBJECT: Engineering Escrow Ordinance Upon reviewing the existing Engineering Escrow Ordinance I fin has the flexibility to accomplish the. Council's escrow goals as def meeting; have a minimum $750 escrow for smaller residential projec commercial projects. RECOMMENDATION: Leave Engineering Escrow Ordinance unchanged. ACTION REQUIRED: If Council desires to implement the staff recommendation there action required. that it ned last s and lis no CITY OF MENDOTA HEIGHTS MEMO January 30, 1989 TO: Mayor, City Council and City V AK /9 FROM: James E. Danielson Public Works Director SUBJECT: Traffic Signal Painting T)T5Z0.1T_(Z.0, I Wd - The State of Minnesota has sent the City a notice that the traf is signals at Mendota Heights Road and Trunk Highway 55 are in need of painting. According to an agreement with the State is it the City's respon- sibility to see that the signals get painted. RECOMMENDATION: Staff feels that the State's contractor will complete the work etter and less expensively than if we would hire someone to do the work ourselves. Staff recommends that the City authorize the State to proceed with tie work. Note: Staff was unaware of this upcoming requirement and did not in,.lude funds to complete it in the 1989 budget, this unexpected expenditure will therefore cause the signal maintenance line item to be overrun. ACTION REQUIRED: If Council desires to implement the staff recommendation they s ould pass a motion adopting Resolution No. 89-_, , RESOLUTION AUTHORIZING N/DO TO PAINT THE SIGNAL LIGHTS AT TRUNK HIGHWAY 55 AND MENDOTVHEIGHTS AD. City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 89 - RESOLUTION AUTHORIZING MN/DOT TO PAINT THE SIGNAL'LIGHTS AT TRUNK HIGHWAY 55 AND MENDOTA HEIGHTS ROAD WHEREAS, the City agreed to fund the painting costs for the sig al light at 'Trunk Highway 55 and Mendota Heights Road, Agreement No. 60 1OM; and t WHEREAS, the Minnesota Department of Transportation has notifiel the City that those signal lights are now in need of repainting; and WIINREAS, Mn/DOT has agreed to repaint the signal for,the City i the City will reimburr.,e the State for its costs, estimated to:be $2,000. NOW THEREFORE BE IT RESOLVED that the City of Mendota Heights requests that Mn/DOT repaint the signal lights at Trunk Highway 55 and Mendota Heights Road for an estimated cost of $2,000.00, and the City will reimburse the State for their costs. Adopted by the City Council of the City of Mendota Heights this 7th day of February, 1989. CITY COUNCIL CITY OF MENDOTA HEIGHTS By ATTEST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, r 11 .y k- ��p1NES0�q �o a OF TVP Minnesota Department of Transportation District 9 3485 Hadley Avenue North Oakdale, Minnesota 55109 Telep January 19, 1989 Mr. Jim Danielson Public Works Director 1101 Victoria Curve Mendota Heights, Minnesota 55118 Dear Mr. Danielson: SUBJECT: Painting Traffic Signals The Minnesota Department of Transportation (Mn/DOT) District 9 re completed a routine inspection of its traffic signals on State tr highways. One conclusion of this inspection was that the traffic systems at the locations listed on the attached sheet are in need painting. According to the cited agreements, the city or county is responsible for painting these traffic signals. The District is planning to let a contract in the spring of 1989 i painting those traffic signals for which painting is the responsil of Mn/DOT. The District is offering to include the traffic signa: shown on the attached list in its painting contract on a reimburse basis if the indicated city or county so desires. The estimated ( shown on the attached sheet is $2,000.00 per intersection. Pleas( the District of your desire to include these signals in its painti project or of your intent to accomplish the painting in another me Please also notify the District of any activities that the city he knowledge of which could affect the decision to paint these traff'. signals at the present time. Having these signals included in the contract will involve sendinl letter to the District Traffic Engineer requesting the State to do work, and, in the case of a city, attaching a certified copy of a from the city council authorizing Mn/DOT to do the work and to bi: the city. Thank you for your assistance. If you have any questions, plese the District Signal and Lighting Operations Engineer at 779-1124. Si cer ly, Ra A. )tarr District Signal and Lighting Operations Engineer Attachment: An Equal Opportunity Employer -1124 ently nk signal of ndicated or ility systems ble ost notify ng nner. s c ;a the resolution .1 ._ tact | � /}GREEMENT | AGREEMEW | lH !^rA/TUN | WITH | No. i '\5 MFNDOyoi iin [ai M[N|)OTA HTS . 60310M [S[IM0|ry (Oun ' r[ND Tru ' �,;R JIH DAN1(-L30N � Fl!BL{C WOkF5 DIRECTOR Ai»1 =|URlA CURVE � / rLNDf'Th HTS 55118 452'10OO m 0 CITY OF MENDOTA HEIGHTS MEMO January 26, 1988 TO: Mayor, City Council, and Cit�n�strator FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: ISD (#19.7 Bus Garage Sign Permit Application DISCUSSION: Staff has received a sign permit applicatior drawings for a proposed sign for the ISD #197 Bus Garage facility located at 1145 Medallion Drive. The proposed is requested to be installed on the south side of their building. (See. -attached drawings). The sign will contai square feet of sign area. The Industrial zone in which building is located allows a maximum of 100 square feet sign area. and ign 72 his f RECOMMENDATION:. -Since the proposed sign meets the zonin ordinance requirements, staff would recommend approval o the permit as requested. ACTION REQUIRED: If City Council wishes to implement th staff recommendation to approve the sign permit, it shoud pass a motion of approval. APPLICATION FOR SIGN PERMIT CITY OF MENDOTA HEIGHTS ACKNOU''LEUGEAIENT AND SIGNATURE: The undertigned hereby represents report all of the penalties of late, for' the purpose of inducing the Cit) the action hrr•ein requested, that all stalements herein are true and that all work herein mentioned rail the ZA--,elc� SIGNATUA y of Mendota Heights, the State of rllinuesota, and rulings of the Building of iliendota Heights to take he done in accordance with 7eDar'hnent. "PROVED PERMIT FEE SITE ADDRESS DATE PERMIT NO. 1-2 � -,?fl PROPERTY OWNER (Nome) (Address) (Telephon No.) 40 Js �N�l�'r�,�✓r�,�rscy��,��sr,��cr_/s?�,, r�97,D,EC�rc.,o-,�,E,�c�,�.��,8��' '13+��,�2ock.V,�' CONTRACTOR (Nome) (Address) (Ttlephon No.) Typo of Building Construction Used As BuildingTo tet Completed Af 415"AA Y Old TI Now at// CoatContractor's City lianas No. Building Permit No. Ximoted �Odo.p° TYPE OF SIGN WALL V ROOF ❑ PROJECTINs ❑ GROUND CI MARQUEE ❑ TEMPORARY ❑ OTHER Ag / ZA MAX. DIMENSION VERTICAL — FT. HORIZONTAL FT. 171 SIGN AREA/ SQ. FT. NO. OF SIDES DISTANCE FROM GROUND TO SIGN BASE FT. HEIGHT OF SIGN i� YFT. SETBACK OF SIGN FROM PROPERTY LINE FT. ILLUMINATED YES ❑ NO ALLOWABLE SIGN AREA ON PREMISE / Q SQ. FT. SKETCH OF SIGN ACKNOU''LEUGEAIENT AND SIGNATURE: The undertigned hereby represents report all of the penalties of late, for' the purpose of inducing the Cit) the action hrr•ein requested, that all stalements herein are true and that all work herein mentioned rail the ZA--,elc� SIGNATUA y of Mendota Heights, the State of rllinuesota, and rulings of the Building of iliendota Heights to take he done in accordance with 7eDar'hnent. "PROVED y , • •, • ••. I � '{3331 • •. ••�DO • ii�� �y 1 IM rll�l � I C1r 7hrn 1.71. 7Tnr7 nr rn (^'rl Tn - IU�IIIIIII' r y , • •, • ••. I � '{3331 • •. ••�DO • ii�� �y 1 IM rll�l � I C1r 7hrn 1.71. 7Tnr7 nr rn (^'rl Tn - IU�IIIIIII' y , • •, • ••. I � '{3331 • •. ••�DO • ii�� �y 1 IM rll�l � I C1r 7hrn 1.71. 7Tnr7 nr rn (^'rl Tn - 01/25/89 09:35 V612 424 0542 ASI /MN Z=(7" I _t "to t N EPE DENT SCHOOL DISTRICT NO. 1917 ` R NSF O q TATION CENTERNow --- 141, M DA LI N DRIVE r } 1 1 y r r l .a a} -on 0 �y t r CITY OF MENDOTA HEIGHTS r. MEMO February 2, 1989 TO: Mayor, City Council and City , � �"s or FROM: Jtimf E. Dnitiel son Ptil l.ic V1Or1::: Director r; 3 SUBJECT: Consl,rucl.ion of Executive Drive DISCUSS1011: Excell ti vr; Ori '•c: is currently a platted'. but unbuilt street that e i lts between tho ARRT1)iiLlding (now under construction) and the soon to be started SoLay Animal Health Building. United Properties would like tho City to cotirtruct Ixecutive Drive this year and has submitted the attELched petition rr.,qur:;IrLn1; l.he work. All costs for the work will be assessed to the abutting Io I's RECOMMEHDA`11 Old : i' y Sta fl' recorum;n,ls that Council accept the petition and order preparation of a feasibility a•(�port. r ACTION REQUIRED: If Council do.;ires to implement the staff recommendation they s. pass a motion adoll,inL, Resolution No. 89-_, RESOLTUION ACCEPTING P. AND ORDERING. P1d,',PAPATION OF FEASIBILITY REPORT FOR THE CONSTRUCTION EXECUTIVN DI INN. r ould TITION F t A k v J y}r L d A. •L City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 89- l+l?:'01,1JT1QI4 �CCE,PTING PETITION AND ORDERING PREPARATION OF FHP,.' I i 1 I L i'PY ,z I,,I'ORT FOR THE CONSTRUCTION OF EXECUTIVE DRIVE WIIE,REAS; Iia:3 been filed with the City Council requesting storm sc11•1011, V191,or rind street improvements to serve Executive Drive adjacent. IJ04J THEI+h'I UI;I',, t'11 IS HEREBY RE,SOI,VED by the City Council of the City Hendot,! II i ,;h , i i i niir ::oi;a, a:: fellows: l . I I!•! I. 1,1!, •i br rve descr i. I,ed po ti, tion be and is hereby accepted the i I,y (:eu! -1. I of the City of Mendota Heights. 2. TI! + t Mie c, i !,y Engineer be and is hereby authorized and dir- ecl,0 I,o a feasibility study as to whether said proposec I)PI , 1111:n!.:• !11" 1'ea.:3ible, whether said improvements should best I; a;; 1•!••!w: i ,,r i!i corunectiori with some other improvement, and a: W said improvement. Adopted I., ' h,• ('i i . !,olincil of the City of Mendota Heights this 7th day of CITY COUNCIL CITY OF MENDOTA HEIGHTS By ATTEST: Kathleen H. S4: fin: n City Charles E. Mertensotto, Mayor d', i of. r` by im- e made to the -> •. . M'.�! a `• 1'✓.•' -• •.•• -. , s• .. ^ .. - `ori -.iii- _ _a- .,�...r .�•_ �_. _ :�.r`�/I-=�a,�+.+rr-.., 1,w A EXECUTIVE DR. � 1 V - m t•�•�•r••••+•wr.- .rc --+..•rr•r-�r�.�r. a..�.w� - w. �S-.ter +t�/ �r�-�r� 100% PETITION FOR IMPROVEMENTS AND WAIVER OF HEARING SANITARY SEWERS, WATERMAINS, STORM SEWERS, AND STREETS We, the undersigned, being the owners of all of the real prope ty abutting upon the following street, alley, public way between the p ints indicated, or as more particularly described: Lots 1 and 2, Block 5, Mendota Heights Industrial Park hereby petition the City Council of Mendota Heights, Minnesota, to iindertake without a public hearing under Minnesota Statutes, Section 429,0319 the following improvements along said street, alley or public way: The construction of an extension to the City's sanitary sewer, storm sewer and water distribution systems, including appurtenances ind incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the above described area. The construction of street improvements consisting of the acquisition of easements and the grading, stablization, drainage and bituminous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the above described area. and to assess the entire cost thereof against our.property abuttingsaid improvements based on benefits received without regard to cash val tion. Signature of Owners* Northland Land Company 2. 3. 4. Address *Property owned in joint tenancy should be signed by each owner. LEGAL DESCRIPTION OF ALL ABUTTING PROPERTY: Lots 1 and 2, Block 5, Mendota Heights Industrial Park I hereby certify that I have examined the above petition a� priate real estate records and find that said petition is in prope is signed by all the owners of property abutting said improvements WITNESS my hand as such Clerk and the said of said City this of , 1q_ . (SEAL) Kathleen M. Swanson, City Clerk City of Mendota Heights - 13 -Y x appro- f orm and day City or Mendota Heights Dakota County, Minnesota RESOLUTION NO. 89- 10::'01,111'11114 +M;GEI)TING PETITION AND ORDERING PREPARATION OF FI?A.' 11311, I TY ld,JI )RT FOR THE CONSTRUCTION OF EXECUTIVE DRIVE WHEREAS, •i i)nt i t,io; i ha!; been fi.lod with the City Council requesting storm s( ,j^ •, rind street improvements to serve Executive Drive adjacent, -ii- ,L:,. nd NOW T1IEI'I-TOifl;, 'L'1 IS IIEREBY RFSOLVED by the City Council of the City of Mendota II-!i,;hI:z) 1.1 i iuiosota, as follows: 1. Th -LI, 1,1ii- •ib)vo described petition be and is hereby accepted by the C i t,y Counvi I of the City of Mendota Heights. 2. Th it l,h(• f:i t•y Engineer be and is hereby authorized and dir- ecl,• d W a feasibil.1 ty study as to whether said propose im- pr- 11.,, [,oasible, whether said improvements should best be made a' 1•r�,tu�: r•d '•I i.0 connection with some other improvement, and a to the e:;+, i :,a1-1 ;d c, .: -.I. )I• said improvement. i Adopted 1.•; '•h- Cil, Goiincil of the City of Mendota Heights this 7th day of 1;,.l, ia, • 11)°9. , CITY COUNCIL CITY OF MENDOTA HEIGHTS I3y Charles E. Mertensotto, Mayor ATTEST: Kathleen i•I . Sw-i n:u n City Clai•I: S 9 ' f w , CITY OI'' MENDOTA HEIGHTS MEMO February 2, 1989 TO: Mayor, City Gmincil and City s or FROM: J.tm,!:: E. Driii i c 1. son t Fii I,I i r, !J ,rlr: D i r•octor SUBJECT: Consti•u(:l•ion of Executive Drive z' DISCUSSI011: Ex(,(,, 1, i vc IW i , i currently a platted- but unbuilt street that e hetwoen th(! AHI T hii i I cl !ng (now under construction) and the soon to be started Solvay Aniiv l Health Building. United Properties would like City to con:•trnct Executive Drive this year and has submitted the at petition the work. Al]. costs for the work will be assess the abutting; lol,s. RECOMME11DAT]011 : StaXt' i eco mmfin,ls that Council accept the petition and order pre of a feasi W li try 1-port. ACTION REQU1 REI): If Council de::ires to implement the staff recommendation they s pass a motion adopki.ng Resolution No. 89-_, RESOLTUION ACCEPTING P AND ORDER.111(; PREPARATION OF FEASIBILITY REPORT FOR THE CONSTRUCTION EXECUTIVE, DVIVE. Zed o ation n P M ION w 1 ;i y is 'r Zed o ation n P M ION S ` 'I. 'i r - o • . 1 .. ^•'r^'-...:.. ys.. •.x.'^ - :rpt; N.' •.o ,. y+• _ . •• . . •'. EXECUTIVE DR. 100% PETITION FOR IMPROVEMENTS AND WAIVER OF HEARING SANITARY SEWERS, WATERMAINS, STORM SEWERS, AND STREETS We, the undersigned, being the owners of all of the real pro abutting upon the following street, alley, public way between the indicated, or as more particularly described: Lots 1 and 2, Block 5, Mendota Heights Industrial Park hereby petition the City Council of Mendota Heights, Minnesota, to without a public hearing under Minnesota Statutes, Section 429,031, following improvements along said street, alley or public way: The construction of an extension to the City's sanitary sewer, sewer and water distribution systems, including appurtenances incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the described area. I oints undertake the storm ind above The construction of street improvements consisting of the acquisition of easements and the grading, stablization, drainage and biturLinous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the above described area. and to assess the entire cost thereof against our property abutting said improvements based on benefits received without regard to cash val ation. Signature of Owners* Northland Land Compan T 2 3• Address Date GV. � p 71 .S f, _ i3 4. *Property owned in joint tenancy should be signed by each owner. LEGAL DESCRIPTION OF ALL ABUTTING PROPERTY: Lots 1 and 2, Block 5, Mendota Heights Industrial Park I hereby certify that I have examined the above petition a priate real estate records and find that said petition is in prope is signed by all the owners of property abutting said improvements WITNESS my hand as such Clerk and the said of said City this of ----- - 19— (SEAL) Kathleen M. Swanson, City Clerl+ City of Mendota Heights appro- f orm and day CITY OF MENDOTA HEIGHTS MEMO is February 2, 1989 TO: N;jycr, Goiincil and Ci or t!, -P FROM: Jnmo:; E. Danielson I'LIK10 Vlorks Director SUBJECT: AcoopLarico of Streets & Utilities (;o1)1)(-r1`i(A.d II & III and Hampshire Estates Phase I L) ISC 1J,"):'- I ('II oiid utilities for Copperfield Phases II and II an 11amps1iii-( !'tease I have been completed and inspected by Menlota 11(.,J),artment and St. Paul Water Utility. Developer 3 Putnam and G-0- , (-x desire to have Mendota Heights accept the project so that they (.:III mak- 1.1i-, Qnal payment to Orfei Contracting (see attached letter of 4 reque:-, r-coi,mi( tids that the City accept the streets and utilities for Gopperf'i('Id It :,nil III and Hampshire Estates Phase I thus allowing the one year giiirniil,-o 1,,,,riod to begin. ACTIO11 R1,,QU1.11,E): t I I' Coini(: L ( Icsixes to implement the staff recommendation they should f pass -i moLio!i ,oitliorizing staff to send letters accepting the streets and utilil,irn- for (,,i1)1,crfield I and II and Hampshire Estates Phase I. Af —-- SCHOELL & MADSON, IMC. j ENGINEERS • SURVEYORS • PLANNERS I SOILTESTING I i 10550 WAYZATA BOULEVARD • MINNETONKA. MN 55343-5482 F (6121546-7601 0 FAX 1612) 546-9065 December 9, 1988 City of Mendota Heights c/o Mr. Jim Danielson, City Engineer 1101 Victoria Curve , Mendota Heights, !MN 55118 Subject: Hampshire Estates - Phase I Final Acceptance Gentlemen: On behalf of the Developer, Centex Homes, we are requesting f0al acceptance of the streets and utilities within Hampshire Estates - hase I by the City for operation and maintenance. Final inspections of the i provements have been performed by the City staff and St. Paul Water and all it ms have been completed by the Contractor except seeding of the boulevards. Cent x Homes, as the sole builder within the development, will take the responsibility for repairing any erosion and cleaning of sediment from streets resulti g from the boulevard not being seeded and also for sodding the boulevards afte house construction is completed on each lot. The construction work was observed by representatives of Schoe 1 & Madson, Inc., the Developer's engineer, and was found to be in accordance wih approved plans and specifications. Service tie sheets are completed and have been submitted to the City. Record plan preparation is in process and will, be completed shortly. Enclosed is a copy of the Performance Bond from Orfei Contracting for the project. Please advise us if the City's acceptance cannot be accomplished or if you have any questions.! ` Very truly yours, SCHOELL & MADISON, INC. 7 Kenneth Adolf KEA/cj ; encl. cc: Mr. Kevin Clark, Centex Homes AFFIRMATIVE ACTION • EOUAL OPPORTUNITY EMPLOYER G I i �ven.evc.w�n.A — - -- SCHOELL & MADSON, INC. ENGINEERS • SURVEYORS • PLANNERS SOILTESTING 10550 WAYZATA BOULEVARD • MINNETONKA. MN 55343-5462 16121546-7601 • FAX (612) 546-9065 December 9, 1988 City of Mendota Heights c/o Mr. Jim Danielson, City Engineer 1101 Victoria Curve Mendota Heights, MN 55118 Subject: Copperfield 2nd and 3rd Additions Final Acceptance Gentlemen: I e On behalf of the Developer, Copperfield Associates, we are req esting final acceptance of the streets and utilities within Copperfield 2nd and rd Additions by the City for operation and maintenance. Final inspections of th improvements have been performed by City staff and St. Paul Water aid all punch list items have been completed by Orfei Contracting, except the following: 1. Verification of the depth of water service for Lot 5, Blo k 4, 3rd Addition (2361 Field Stone Court). This item is detailed within the, enclosed letter to St. Paul Water. 2. Repair of a settlement over the service trench at Lot 21,IBlock 1, 2nd Addition which will be done next year under the one yeararranty. The construction work was observed by representatives of Schoe 1 & Madson, Inc., the Developer's engineer, and was found to be satisfactorily ompleted in accordance with approved plans and specifications. Record plans an service tie ; sheet were previously submitted to the City. i s Enclosed are copies of the Performance Bonds from Orfei Contra ting for both a the 2nd and 3rd Additions. Please advise us if the City's acceptance cannot be accomplis have any questions.` Very truly yours, SCHOELL & MADSON, INC. Kenneth Adolf KEA/cj encl. cc: Mr. Dick Putnam, Tandem Corporation Mr. Steve Ryan, Arr§�J[40TL1ftt,PON • EGUALOPPORTUNITY EMPLOYER f T0: Mayor, City Council, and City i is l o= FROM: Paul R. Berg, Code Enforcement Officer SUBJECT: Building Activity Report for January, 1989 CURRENT MONTH BUILDING PERMITS SFD No. 4 Valuation 615,604.00 Fee Collected 5,473.89 No Apt. 0 0 0 it Townhouse 5 821,235.00 7,041.21 Sewer Condo. 7 1,500.000.00 7,490.18 Misc. 5 53,708.00 1,134.90 C/I 3 10,600.00 297.00 Sub Total 24 $3,001,147.00 $21,437.18 TRADE Fee Collect PERMITS 394,5 2.00 Plumbing it 246.00 Water 8 40.00 Sewer 5 87.50 Heat, AC, 0 6 Gas 12 811.00 Sub Total 36 1,184.50 LICENSING Contractor's Licenses 222 5,550.00 Total 282 $3,001,147.00 $28,171.68 Valuation Date: January 26, 1989 YEAR I TO DATE - 1988 Fee Collected No. Valuation Fee Collect 3 394,5 2.00 3,707.56 0 0 0 0 0 0 0 0 0 3 77,1 0.00 999.38 2 26,6 5.00 480.15 8 $498,317.00 $5,187.09 6I 177.00 2 10.00 0 0 14 2,712.00 22 2,899.00 153 3,825.00 183 $498,337.00 $11,911.09 NOTE: All fee amounts exclude Sac, Wac, and State Surcharge. Amounts shown will reflect only permit,plan check fee, and valuation amounts. CITY OF MENDOTA HEIGHTS MEMO January 25, 19 TO: Mayor, City Council, City K�91 rator FROM: Kathleen M. Swanson City Clerk SUBJECT: Cablevision Policy INFORMATION At the January 17th meeting, Council discussed a arrived at a consensus on policy items relating to cablevising City Council meetings. We have prepared attached proposed resolution to incorpore that consen a formalized cablevision policy, and recommend its ad by Council. ACTION REQUIRED If Council concurs in the proposed policy, it shot pass a motion adopting Resolution No. 89-_, "RESOLUTIC ESTABLISHING CABLEVISION POLICY." 39 into ion :1 Y `: CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. 89 - RESOLUTION ESTABLISHING CABLEVISION POLICY WHEREAS, the Northern Dakota County Cable Communic Commission (NDC -4) has provided to the City the audio/v equipment necessary for recording City Council meetings WHEREAS, a local government channel, cable channel has been made available by Continental Cablevision for broadcasting of public meetings and government programm and tion .sual and 18, ng; WHEREAS, at its meeting on January 17, 1989 Council discussed policy issues relating to cablecasting meetings and arrived at consensus over the broadcasting and taping of said meetings and determined that the policy be formalized and adopted for public record; NOW THEREFORE IT IS HEREBY BY THE City'Council of the City of Mendota Heights, that the following be adopted as the City's policy on the cablecasting of City Council meetings: 1. That insofar as is possible all regular meetings of the City Council shall be broadcast live over the local government cable channel; 2. That videotapes of said meetings shall be provided to the City by NDC -4 as soon as is practical after broadcasting, and shall become the property of the City from that time forward; 3. That said tapes shall be retained for a period of one year from the date of approval of the official minutes of the meetings by Council, after which time they shall be destroyed or reused; 4. That the approved minutes of City Council meetings are the official record of the City. Videotapes of Council meetings are intended to serve as informational and instructional media for use by the general public, staff and City officials. 5. That the videotapes will be made available fo viewing at City Hall. The City will not guarntee availability of tapes and viewing equipment i advance of twenty-four hour prior notice. 6. In the event that an individual requests a dulicate of a videotape, the City may arrange with NDC 4 for their duplication of the tape. A charge of $ 0 will be assessed for each duplicated and shall b payable at the time said request is made. Adopted by the City Council of the City of Mendota He this Seventh day of February, 1989. CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertens Mayor ATTEST: Kathleen M. Swanson City Clerk is CITY OF MENDOTA HEIGHTS MEMO January 30, 1989 TO: Mayor, City Council and Cit dm' ' ator FROM: James E. Danielson Public Works Director SUBJECT: Garretson Lot Division Case No. 89-02 DISCUSSION: Mr. and Mrs. Garretson appeared before the Planning Commission it their January meeting to request a lot subdivision (see attached staff mem)s). One of the Garretson's neighbors, Mr. Dale Johnson, had submitted a Letter questioning the accuracy of the Garretson's survey (see attached). rhe Planning Commission had no way of knowing whether or not the Garrets n's surveyor was correct or not and felt that Mr. Johnson should hire hi own surveyor should he want to prove the Garretson's surveyor in error. RECOMMENDATION: The Planning Commission voted unanimously to recommend waiving he requirement for a public hearing and approving the requested subdivi ion. ACTION REQUIRED: If Council desires to implement the Planning Commission recommendation they should pass a motion adopting Resolution No. 89-_, RESOLUTIO APPROVING THE LOT DIVISION OF LOT 2, BLOCK B, ROGERS LAKE ADDITION. City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 89 - RESOLUTION APPROVING THE LOT DIVISION OF LOT 2, BLOCK B, ROGERS LAKE ADDITION WHEREAS, Mr. Calvin A. Wagenknecht, owner of Lot 2, Block B, Fog Lake Addition, Dakota County, Minnesota has requested from the City to divide a portion of Lot 2, Block B, Roger's Lake Addition according to survey prepared by Paul J. McGinley and dated September 30, 1988, said portion called Parcel B; and er's a WHEREAS, Parcel B is to be added to the West 150 feet of Lot 1,I Block B, Rogers Lake Addition (Parcel A); and WHEREAS, the City Council has reviewed said lot division and funds the same to be in order. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of th City of Mendota Heights, Minnesota, that the lot division submitted at thismeeting be and the same is hereby approved. Adopted by the City Council of the City of Mendota Heights this 7th February, 1989. ATTEST: Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS M Charles E. Mertensotto, r of '� i�� .� GC- (��-�/ ~may_ _- •Lf.�� .i� ✓ �t".—� 1 -- ��'L_- _4 _.�' �L.�J4�•-R C.iL.E� ��:l..1.-i"�../�!-�"?� .�.'�'-c�--'�.L.� _��C.�. Tt-t��-f=.?.^\ i%L_.!''y.l' L�.'�'.__�.�Y"�L�l:_ .-!•..'_._�--•c-��� /,%r'L'�L1.�C..1;'•f\._.�i.'J t�� t / • � r-Z^� :..,.. (. C'7 �-C" ���.-: �.tJ� —� �_ - �.: `ice tJ� 1'-- _�, �•..'ur /�! -- ./L.��--� Ll ,^ _ � �,/! �'a !J'}-1 li-- . �i�./ �'G�`'T{� CSL . /.:�� ` .• - .�~�----':.%/�J_� .. 'y ��, Y.j�u.l'.C.( ... �.i:-'-^� (.,'1'f.' -•L''• �- -- � a�"�'_''`-C�---�-".� --.... �f il.��_°'::.�:'��_ ,12 -- _ c / ? r /� , �/•`L. {rte' -t1 - �'�,�,�., ,.i, -{ . C? t;i .t! t _ tt_E$✓ z r '% t -r`-e^ t _ .. ----..__.___ ._. U."'jI __ � �� �... _.;,,/'�-: t--�i...i i;.jf£.•..�i _. G�"/� �r'"r---i� _ .�-,� "' � f � ��'"!t: J �; �,�.,%i.. t'�.'��c� _,,,!_-- - .__ ._... ___... C•}?=_ _:�=�1..--` ,,,,,--��..,�'%��••�.X/�,.--�fi-E;,`�t`a,.E.-r.�.�i,...%"'_-1,,•c_-r,-:�''tr �;�• � ._ ... ... _.___- _ _ _ . i - ( 41* 'ti +ti. i. "' • `—_—' _._ s _ lil. C"r,,.r. r id,c,�� i i �J ry -- _--__ ._-..._n .., ...___ '-1�•-,--_ ���� - r.,.�E_/'�f �-7 ---Win'!-`------`-��--- �1--- � __--.___...__.., ._----.._. Jci - - -•---- -. _...,. _._.._. __.. __._.... ...._ _..__ _`. - � .�'�z.,-K--c?-<;4•;1�, _ ,/�fr{?'--`:.t_ f�' / ''� .,,:; •� _ .._ lC.t-a:-t-r� _.,rC=i �,L*iLZ':� •L»�t� L.t.:Y.-'- -�� r':' !..- ft r •i)'t.� ,(per .,.t. { t lr�,i'��t7 ' .. ` 0ITY0FMENDOTAHEIGHTS January 18, 1989� TO: Planning Commission FROM: James E. Danielson Public Works Director SUBJECT: Gurretaou Lot Division Case No. 89-02 Mr. and Mrs. Garretson, 838 Bluebill Drive (Parcel A) have a small back yard that abuts the Wagenknechts who have an extremely large back yard (Parcel B & Parcel C). The Garretson's have applied for a lot division to Increase the size of their backyard by acquiring Parcel B from the Wagenkn chts (see attehed drawing). The application fits within the guidelines for a simple lot division whereby the City can waive the requirment for a publ*c hearing and grant the request. ACTION REQUIRED: � Review the request and make a recommendation to the City Colcil. ~ c January To Our Neighbors: Peter and Christine Garretson have agreed to pu the property marked on the enclosed map from 1987 ase Calvin and Iona Wagenknecht. The City of Mendota Heights has requested that each neighbor whose property borders this lot be inf rme of the sale. There will be a Planning Commission meeting on January 24, 1989, at 7 o'clock in the evening, at City Hall, should you wish to attend. Your signature below indicates that you have bE r, informed about the transfer of the property. 0 Buyer - Peter Garretson Buyer - Christ: Seller -"Calvin Wagenknecht _4� n Garretson Seller - Iona Wagenknecht Mr. and Mrs. Mr. and Mrs. Mr. and Mrs. and Berg aul Dreelan Taylor PAUL It. MaLAGAN & SUN ass D.W&Amm WBsrsl'. rAuf wNN. s)i is MinMwu 11cfamed 1-4 tiungws I Hereby Certify that this survey, plan or report was prepared by me or ur my direct supervision and that 1 am a duly Registered Land Surveyor under laws of the State of Minnesota. Surveyed For._ Peter _Ga > retS PAUL J. hicGINLEY. R.L.S. Dafe___..—.,__.September_3Q,_ 188 Sheet 1 of Z MIN EGISTRATION NO 6099 C &VAt -14F • i1V17 pipe sef 411099 • Oenofss irov pipe lienar 6y I � Sen/e AW • Oled Seo% •�%� fef 6Aj +'�Z' 2. The west 150 feet is owned by the applicants. Although the r lot has the requited 15,000 square feet (it is actually 15,008 square ft -et), it is the smallest lot in the original plat area. As things are now, the largest lot is, in fact, Lot 2 directly to the south. The arretson's simply propose to purchase the rear (west) 13,516 square feet of Lot 2 and add it to their lot to the north. The end result will be a 28,524 square foot lot for the Garretson's and a 20,300 square fo t lot for what remains of Lot 2. These dimensions and square footages are delineated on the attached copy of a survey prepared by Paul McGinley. An important point to note here is that no new lot is being created, but that Parc is A and B are to be combined into a single lot. Under these conditions PLANNING REPORT no new lot is being created and all of the lots are above minimum DATE: 17 January 1989 the Planning Commission CASE NUMBER: 89-02 accordance wi h Section APPLICANT: Peter and Christine 3arretson adversely LOCATION: Southwest Quadrant, Blue Bell single-family to Drive and Dodd Road created. (TH 149) (see sketch) ACTION REQUESTED: Approval of Lot Division PLANNING CONSIDERATIONS: 1. The properties involved were platted into very large single-family lots many years ago as Lots 1 and 2, Block B, Rogers Lake Addition. You will note the delineation of these lots on the attached section map. Lot 1, the largest lot in the original subdivision locateq at the immediate southwest corner of Blue Bell Lane and Dodd Road, has been previously divided into two lots. 2. The west 150 feet is owned by the applicants. Although the r lot has the requited 15,000 square feet (it is actually 15,008 square ft -et), it is the smallest lot in the original plat area. As things are now, the largest lot is, in fact, Lot 2 directly to the south. The arretson's simply propose to purchase the rear (west) 13,516 square feet of Lot 2 and add it to their lot to the north. The end result will be a 28,524 square foot lot for the Garretson's and a 20,300 square fo t lot for what remains of Lot 2. These dimensions and square footages are delineated on the attached copy of a survey prepared by Paul McGinley. An important point to note here is that no new lot is being created, but that Parc is A and B are to be combined into a single lot. Under these conditions where no new lot is being created and all of the lots are above minimum standards, the applicants have requested that the Planning Commission determine that no public hearing is required in accordance wi h Section 11.3(1) of the Subdivision Ordinance. It would appear that no one is adversely affected by this proposal since no new single-family home construction takes place because no additional single-family to is being created. 3. The following is a copy of Section 11.3 of the Subdivision Ordinance relating to Exceptions. The second paragraph 11.3(1), if th Planning Commission wishes, may be applied to this case. 11.3 EXCEPTIONS When requesting a subdivision, if either of the two foll wing conditions exist, the City Administrator shall bring the request to the attention of the Planning Commission whereupon, they shall review said request and exempt the subdivider from complying with any inappropriate requirements of this ordinance. 11.3(1) In the case of a request to divide a lot which is a Dart of a re * corded plat where the division is to permit the adaing of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this ordinance or the zonin4 ordinance. 11.3(2) Such division results in parcels having an area of f ive (5) acres or more with frontage on a public right-of-way measuring three hundred (300) feet or more and when such divi� ion does not necessitate the dedication of a public right -of way; or if a lot which is part of a plat recorded in the officl of the Register of Deeds of Dakota County is to be divided and such division will not cause any structure on the lot to be in violation 'of the zoning ordinance or said new Porti ns of lots to be in violation of City ordinances. ZO z z/ ZZ Z3 24 zs Z6 Z7 Zd zi 30 3/ 3Z } ---------- �&H 3 S 64 'ss'3� - - - �AI j0 M '2 /11 //y Q_ /fz //Z /740 /i2 //Z //2 /1Z /IZ //Z N //Z .. / /.S4 ♦( N 3 Imo, 4 • q 5 6 '1' 0 7 � O O D 4 ?2 r'�2'r z � 3 � �� h � rOO.Ss h; 3i2 mos, SCALE 1" -200` a. hi 8 h 9 10 h II 12 13 hSIME RR NGE= ,, I e 3 a0 z` z y W #7/ 23 81• 44'35'W C ¢_ s a - 227,3 0 Q, //y frZ tfZ _ zdes to h r Sq ; /fZ t12 /IL fry //2 /f2 f/Z C N 207.54 b a r� 25 h 24 23 ' 22 21 �°� 20 ' 19 M 18 ti 17 n 16 15 � //Z /r L' /iL //Z /l2 � Ill 1•'1, Ill //Z //L /I'77/ � i9C AOEM Y O� _ S /Ti9T/47N X(o110 —A 010-05 010-7i5 (� 2 6115— {a f� 010-77 �.6I14 r H m= LINE u,7 Q_ •3: /740 /70 cd-� 2 d,S G O 2 p.6 - P 0 yh .. a V / SUBJECT PROPERTY rrr � of STREET W � � r: a r H •r Y� N 5• � 1 4 ` J➢V V ?2 r'�2'r z NORTH' 3 � �� h � rOO.Ss z r.z,-/ 3i2 mos, SCALE 1" -200` :•.X. �f Is a \ Qj hSIME RR NGE= ti 3 a0 z` z y W #7/ 23 81• 44'35'W s a - 227,3 0 Q, 170 Lo /70 _ zdes to � i9C AOEM Y O� _ S /Ti9T/47N X(o110 —A 010-05 010-7i5 (� 2 6115— {a f� 010-77 �.6I14 r H m= LINE Q_ r Z o d - P yh v a V rrr � of STREET W � � r: a r H •r Y� N 5• � 1 4 ` J➢V V ?2 r'�2'r V ,. � 3 � �� h � rOO.Ss z r.z,-/ 3i2 mos, c M1 4...s 4 a \ hSIME RR NGE= ti 1 a0 N r07.Z7 2+ .0 MEN /O.O #7/ 23 81• 44'35'W 0 Q, O Z o d - P yh a V • � ""h14 it $`�O of STREET W � � r: a r H •r Y� N 5• � 1 4 ` J➢V V ?2 r'�2'r 0 a`Q p• k' rrs•s4 t = E:6p .•18 : ,. � 3 � �� h � rOO.Ss t 3i2 mos, c M1 4...s 4 a hSIME RR NGE= ti a0 N r07.Z7 2+ .0 MEN /O.O #7/ 23 81• 44'35'W I Z • a o • Z a to -1 - - U a • • .V) i A. Q' •l o TRAIL • b CHERI LANE KEO UK - / U BILE OR VE • - SUBJECT PROPERTY • •.... • • • • -41r- <zNORTH — / _ • : h SCALE 1"=400' / • KE -54 DRIVE• / �4CAT D T� • R 1 s 46. • Y• 1 -1 Z 1 LLJ-. cc 3 / HAZEL CT. • IE CONVENT & ACADEMY_ \ = THE VISITATION - ` - ,. GIRLS SCHOOL Ice - cc • / Z O W 1 cc cn > MENDOT� A ROAD =__= I Z • a o • Z a to U a 1 I • it, I CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA � APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Fee Paid 5 3 3 J� (S-flA Initial Applicant/ n Name: �")ACV-C TSUAi ee%V- Last First Address: 13 �)2 6)U 1 l Do V. Number & StreetCity Telephone Number: -,-15q - S a c)% Owner Name: tJA G E*d 1 V L- c.11t- CA 1y1W Las�t/ First Address:.�� Number 6 Street City Street Location of Property in Question: Legal Description of Property: 1 e -L1 .. a Case No. 17- � -;'- State Initial 'S/ C// TS State �34k ./ S,5)'QLo Zip -r.S / --.'o Zip Type of Request: Rezoning Variance Conditional Use Permit Conditional Use Permit for P.0 D. Minor Conditional Use Permit X Subdivision Approval Plan Approval Wetlands Permit // / Other // !' ✓ �' Gf '� 7 r 4 �' 4^ GA! ✓t ' , e t -r ? � G /L7W PGO G �} � V / G!P G/ G-%IL�t°L- i ililfl [S4.CP ?Ll /tG1d%7 !/ t January 24, CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, January 24, 1989 in the Hall Council Chambers, 1101 Victoria Curve. Chairman Mo; called the meeting to order at 7:30 p.m. The following members were present: Morson, Anderson, Burke, Duggan, Dwyer, Krebsbach and McMonigal. Also present were Plann Howard Dahlgren, Publics Works Director Jim Danielson, Administrative Assistant Kevin Batchelder. APPROVAL OF MINUTES ige 1 1989 ity son Commissioner Duggan moved approval ofhe November 22 minutes as submitted. Commissioner McMonigal seconded the mo ion. CASE NO. 89-02, Mr. Pete Garretson, 838 Bluebill Driv, GARRETSON explained that he wishes to purchase B from Calvin and Iona Wagenknecht to their back yard larger. Commission member Dwyer asked if the neighbors were all,, in favor because h a letter from the neighbor to the sou Chairman Morson stated that he had to to Mr. Dale Johnson, the neighbor to south who had sent the letter, and th was not against the lot division but he was concerned that the survey was correct. Chairman suggested that if Mr. Johnson felt that the Garretsons' surveyor was in error that he should his own surveyor to confirm his suspi Commissioner Krebsbach asked if the 1 line could be straightened out. Mr. Garretson explained that there wa tree line along that line and that Mr. Wagenknecht wanted that tree line his property. Commissioner Duggan moved to waive thi public hearing and to recommend appro, the lot division. Commissioner Dwyer seconded the motion. Ayes: 7 Nays: 0 arcel make had h. ked he t he hat of ire ion. t a as al of P ge 2 January 24, 1989 VERBAL REVIEW Public Works Director Danielson gave a verbal review of cases that had been bfore the City Council. ;CASE NO. 89-03, Chairman Morson called the meeting to DUFFY DEVELOPMENT order for the purpose of a public REZONING,VARIANCE hearing on Mr. John Duffy's applicatio PLAN APPROVAL & for the rezoning, variance, CUP for a ORDINANCE AMEND- preliminary plat and ordinance amendme MENT for property at the SE quadrant of Lexington Avenue and Trunk Hwy. 110. Mr. Duffy was present and stated that had an informal meeting with the neighborhood and an informal meeting w' the Planning Commission and City Counc' and based on those meetings the layout been changed to reflect those concerns. The proposal includes the construction new Super America Gas Station/Convenie Store and a 32,000 sq. ft. retail cent He is asking that zoning be B-3 to the and that south of the wall be resident! He had 66% tenant commitment which alsc includes letter of intent. D, t lh has of a ce r. wall al. Mr. Bob Field of Croix Oil explained the Super America Gas Station/Convenience Store proposal. The store would be smaller than originally proposed with only two pump islands with a smaller canopy, streamlined roof with no car wash. Chairman Morson asked Planner Dahlgrer to explain his report. Mr. Dahlgren stated that in a B-3 zoned area that gas stations, car washes and gun shops are not permitted uses, they can become a conditional use. He explained to the audience the requirements for uses, traffic, set b cks, rezoning and the proposal itself. He also stated that he recommends that the road be directed between the station and mall for conformity as the other 3 quadrants of this intersection and for safety reasons. Chairperson Anderson asked if it was possible for a gun shop to be permitt d in B-3. Planner Dahlgren said that it was possible as,a conditional use in B-3. Mr. Duffy stated Bill's Gun Shop woul only sell what the City allowed as sporting P ge 3 January 24, 1989 goods. Commissioner Dwyer asked if Bi 1's Gun Shop intended on selling guns. Du fy responded, yes, but only what the City would allow. Chairman Morson stated that he felt th commission had inadequate material to discuss the plat review. He asked that Mr. Duffy complete the plans more thoroughly to comply with City Ordinance. Commissioner Dwyer asked Mr. Duffy to explain tax increment financing. Mr. Duffy explained how tax increment financing made the project feasible an affordable. He explained that his letters of credit and financing guaranteed that there was no risk to the City. Commissioner Duggan asked Mr. Duffy if his proposal could survive without Super America. Mr. Duffy stated that it could but that marketing studies have shown that these types of proposals compliment each of er. Commissioner Duggan asked how many trips would have to be made at SA to make i profitable for them. The SA representative stated that during a 24 hour period 800-1000 trips, 18 hour period 600-800 trips, these are average. A station on a busy area may be higher, a neighborhood station may be less. This is an average. Busiest times for this t pe of station is between 6:00 to 8:00 a.m., 11:00 to 1:00 p.m., 3:00 to 6:00 p.m. Commissioner Dwyer asked Bob Fields if a feasibility report was done on this site, and what the trips were in that report. Mr. Fields stated he was not involved in the feasibility but would get the answer to that question. Chairman Morson asked members if ther were i any questions or comments. Allen and Judy Werthauser, 2044 Patriis street submitted a petition opposing his development for reasons of privacy to the P ge 4 January 24, 1989 neighborhood, safety concerns for chil ren, value of the homes going down. They a so stated that the current use is accepta le but could use some cleaning up of garb ge. Burl Bailey, 2086 Timmy Street, stated that the 75' setback and original wall was originally proposed to never have commercial. His other concern is traffic being drawn from the industrial area d wn the overused Lexington Avenue, does no think the intersection could handle the increase traffic. Harriet Bailey, 2086 Timmy Street, expressed concern over the loss of the bike trail and was opposed to a gun shop i the area. Daniel Case, employee of Schwinn, staged that from a business standpoint, Schwi.nn will lose business because people will not ride bikes to the store or parents won't allow their children to ride to their store because of the traffic this development would cause. Sam Shepard, 2141 Theresa Street, sta ed that he felt that traffic this develo ment would bring, could not be handled by Lexington Avenue. Pete Dodson, William Court, stated th t he felt that the neighborhood gets enougl air plane noise and other pollutants, the don't need this development producing more traffic. A woman asked if traffic signals would be a part of this proposal. Mr. Danielson, Pubic Works Director, Etated that Lexington Avenue is a county roa and that the city could request the countl to do a study to see if traffic signals are justified after the development is done. A gentleman stated that he felt that area needs development but without a station. Rita Ryan asked how many parking space the proposed development. Mr. Duffy in P ge 5 January 24, 1989 responded 123. Linda Dietz, 2924 Patricia, stated thar she is against it because of the increase Ln traffic. She would like to see the existing center remain there, but cleaned up. The SA Representative, stated that the are drawing on existing traffic. Commissioner Duggan asked the owner of SOS how many trips are made to SOS. He stated that before the 494 opening it was at 'ts high peak, 500-550, now at its high, 2 0- 350. Larry Ryan, 2119 Patricia Street, aske about Mr. Duffy's experience. Mr. Duf y responded that Duffy Development has been in business for three years. He owns Dne building which is up and running and has been a planner for 12 years. Chairman Morson stated that he felt t matter should be tabled until the nex meeting. Residents requested that the develope provide them with what exactly he is proposing. ((i.e. plat showing exist and proposed zoning of the parcel and surrounding areas). Chairman Morson Mr. Duffy to provide this material to City in a week to 10 days. Harry Wise, 3077 Timmy, stated that he�felt the personal safety of the neighborhoo was at stake. He liked what was there and that he felt tax increment financing should not be used. A real estate broker stated that no o could tell him house values would not down. Mr. Werthauser, Al Werthauser's father, stated a development of this nature does not enhance a neighborhood. Ed Pastor, Paster Enterprises, addressed the Planning Commission rebutting Mr. Duffy's statement that the new development would not be competing with the Ayes: 7 Nays: 0 ADJOURN P ge 6 January 241 1989 existing Mendota Plaza. Mr. Pastor fe t that Tax Increment Financing by the City was an unfair competitive edge for the new development. Mr. Pastor stated that he is also trying to attract the small, high cost tenants that are proposed for the new development. Commissioner Duggan asked the developer if he was willing to come back with somet ing more in conjunction with what the neighborhood wants. Mr. Duffy stated that they would go back to the drawing boarl. Commissioner Duggan moved to continue the public hearing to the February 28, 198 Planning Commission Meeting, at 8:00 p.m. Commission member Dwyer seconded. Planning Commission voted unanimouslyto commend Commissioner Bill Burke for his 9 years of outstanding volunteer service to the City as a Planning commissioner member. The meeting was adjourned at 9:35 p.m. LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCI ON FEBRUARY 7, 1989 Blacktopping License: Ace Blacktop, Inc. Concrete/Masonry Licenses: E.L. Bulach Construction Co., Inc. Gresser, Inc. Heinlein -Blood Construction, Inc. Excavating Licenses: Danner Landscaping Imperial Developers, Inc. United Water & Sewer Company Gas Piping Licenses: B & D Plumbing & Heating, Inc. Heating & Cooling Two, Inc. Judkins Heating & Air Conditioning, Inc. Riccar Heating & Air Conditioning General Contractors Licenses: Automatic Sprinkler Corp. of America B.T.L. Construction D.S. Trudeau Construction Co. Earthwood Builders Edward Callahan & Sons K.W. Dahm Construction, Inc. New Construction, Inc. i Sussel Corporation Twin City Storm Sash Co., Inc. Wescot Construction & Development, Inc. Heating & Air Conditioning Licenses: B & D Plumbing & Heating, Inc. 1 Boehm Heating Co. Heating & Cooling Two, Inc. Judkins Heating & Air Conditioning, Inc. Riccar Heating & Air Conditioning Sign Erecting Licenses: Bemidji Sign Crosstown Sign, Inc. Nordquist Sign Co. 2 Feb 1989 Claims List 2/7/89 Dept 10 -Admin Dept 50-RdEridgepage i Thu 2:55 PM City of Mendota Heights 15-Engr 60 -Utilities ,z2,)— 20 -Police 70 -Parks Terno Check Number 1 30 -Fire 80 -Planning 40 -CEO 85 -Recycling 90 -Animal Control Temp. Check Number Vendor Name Account Code Comments Amount 1 A T & T 01-4210-110-10 Ld calls 10.88 1 A T & T 01-4210-020-20 Ld calls 5.04 1 A T & T - - n- ,j 1 A T & T 01-4210-030-30 Ld calls 0.38 4 17.64 Totals Temp Check Number 1 Temp Check Number 2 2 AT&T 01-4210-020-20 Feb svc 5.27 2 AT&T 01-4210-020-20 Feb svc 3.96 2 AT&T 01-4210-050-50 Feb svc 10.52 2 AT&T 01-4210-070-70 Feb svc 10.53 2 AT&T 15-4210-060-60 Feb svc 10.53 10 40.81 Totals Temp Check Number 2 Temp Check Number 3 3 Acro of Minn 01-4300-110-10 misc solys 17.18 3 Acro of Minn 01-4300-110-10 misc splys 77.75 3 Acro of Minn 15-4300-060-60 rnisc sDlys 46.44 g 141.37 Totals Temp Check Number 3 Temp Check Number 4 4 Airsignal Inc 01-4620-030-30 NEC powertek 781.50 4 781.50 Totals Temp Check Number 4 Temp Check Number 5 5 Albinson 05-4305-105-15 misc solys 180.20 5 180.20 Totals Temp Check Number 5 Temp Check Number 6 6 American National Bank 25-4226-000-00 fee 50.00 6 American National Bank 35-4226-000-00 fee 165.95 — 12 ---- - - — - - - - - - - - - -- - -- 215. 95 - - - - -- - - - - , Totals Temp Check Number 6 . Temp Check Number 7 2 Feb 1989 Claims List Page 2 Thu 2:55 PM City of Mendota Heights Temp Check Number 7 Temp. Check Number Vendor Name Account Code Comments Amount 7 B & J Auto Supply 01-4330-460-30 misc parts 46.33 7 B & J Auto Supply 01-4330-490-50 misc parts 91.61 0 mise par+- 61.0-5 7 B & J Auto Supply 01-4305-050-50 mise parts 11.95 28 211.14 Totals Temp Check Number 7 Temp Check Number 8 8 Barefoot Grass 01-4335-315-30 1989 lawn care 500.48 8 500.48 Totals Temp Check Number 8 Temp Check Number 9 9 Battery & Tire Whse 01-4330-440-20 oil filters 83.94 9 Battery & Tire Whse 01-4305-050-50 oil filters 10.76 9 Battery & Tire Whse 01-4305-070-70 oil filters 10.76 9 Battery & Tire Whse 15-4305-060-60 oil filters 10.76 36 116.22 Totals Temp Check Number 9 i Temp Check Number 10 10 Terry Blum 01-4410-070-70 clothing 65.90 10 65.90 Totals Temp Check Number 10 Temp Check Number li 11 Board of Water Comm 08-4425-000-00 auto fire sply 80.00 11 Board of Water Comm 08-4425-000-00 wtr svc 13.33 11 Board of Water Comm 01-4425-315-30 wtr svc 70.88 it Board of Water Comm 01-4425-310-50 wtr svc 19.01 it Board of Water Comm 01-4425-315-30 auto fire sply 80.00 f 11 Board of Water Comm 79-4460-832-00 svc conn 86-1 2,150.50 11 Board of Water Comm 53-4460-857-00 svc conn 88-1 7,397.50 it Board of Water Comm 47-4460-852-00 svc conn 87-5 1,105.23 f 11 Board of Water Comm 42-4460-828-00 svc conn 85-3 6,660.50 11 Board of Water Comm 49-4460-854-00 svc conn 87-7 24,783.00 110 42, 359.95 - Totals Temp Check Number — Temp Check Number 12 f 12 Briggs & Morgan 08-4226-000-00 Re lease purchase 437.41 ' 12 437.41 2 Feb1989Claims List Page 3 Thu 2:55 PM City of Mendota Heights Temp Check Number 12 Temp. Check Number Vendor Name Account Code Comments Amount Totals Temp Check Number 12 emp Check 13 Brunson Instrument 05-4305-105-15 nails 6.75 13 6.75 Totals Temp Check Number 13 Temp Check Number 14 14 Cascade Fire Eq 01-4305-030-30 barricade tape 94.66 14 94.66 Totals Temp Check Number 14 Temp Check Number 15 15 City Motor Supply 01-4330-440-20 parts 17.87 15 City Motor Supply 01-4330-490-50 Parts 31.53 15 City Motor Supply 01-4330-490-70 parts 31.53 15 City Motor Supply 15-4330-490-60 parts 31.52 15 City Motor Supply 01-4330-490-50 fan 65.00 15 City Motor Supply 01-4305-050-50 tools 16.00 15 City Motor Supply 01-4305-070-70 tools 16.00 15 City Motor Supply 15-4305-060-60 tools 15.95 15 City Motor Supply 01-4330-440-20 misc parts 116.96 135 342.36 Totals Temp Check Number 15 Temp Check Number 16 16 Communications Center 01-4330-440-20 mike rpr 6.00 16 6.00 Totals Temp Check Number 16 Temp Check Number 17 17 Copy Duplicating Products 01-4600-020-20 fax machine 1,995.00 17 Copy Duplicating Products 01-4330-490-30 excess copies 16.72 34 2,011.72 Totals Temp Check Number 17 Temp Check Number - 18-- 18 Custom Fire Apparatus 01-2010 rprs 1979 ford 3,500.00 ' 18 3,500.00 Totals Tem beck Number 18 2 Feb 1989 Claims List Page 4 Thu 2:55 PM City of Mendota Heights Temp Check Number 19 Temp. Check Number Vendor Name Account Code Comments Amount 19 Dahlgren Shardlow Uban 01-2010 Dec svc 2,474.25 Totals Temp Check Number 19 2,474.25 Temp Check Number 20 20 Dakota County Hwy Dept 01-4211-420-50 city shard tfc signal 498.53 20 498.53 Totals Temp Check Number 20 Temp Check Number 21 21 Dakota County Tech Inst 01-4400-150-30 fire/arson seminar 50.00 21 50.00 Totals Temp Check Number 21 Temp Check Number 22 22 Dakota County Treas 05-4300-105-15 local impr forms 69.60 22 69.60 Totals Temp Check Number 22 Temp Check Number 23 23 James Danielson 18-4415-000-00 mileage 7.20 23 James Danielson 01-4415-080-80 mileage 4.72 23 James Danielson 10-4415-000-00 mileage 9.45 23 James Danielson 05-4415-105-15 mileage 54.01 92 75.38 ` Totals Temp Check Number 23 Temp Check Number 24 r 24 Dennis Delmont 01-4415-020-20 Feb allowance 120.00 24 120.00 Totals Temp Check Number 24 Temp Check Number 25 25 Dictaphone 01-4300-020-20 ear phones 86.34 25 86.34 Totals Temp Check Number 25 Temp Check Number 26 1 26 Employ lealth Systems 01-4244-030-30 physicals 298.60 P Feb 1989 Claims List Page 5 Thu 2:55 PM City of Mendota Heights Temp Check Number 26 Temp. Check Number Vendor Name Account Code Comments Amount 26 298.60 Totals Temp Check Num er db Temp Check Number 27 27 Emergency Resource Inc 01-4403-030-30 manuals 34.79 27 Emergency Resource Inc 01-4403-030-30 trng video 860.35 54 895.14 Totals Temp Check Number 27 Temp Check Number 28 28 Grant Englemann 01-4415-200-70 mileage 9.00 28 9.00 Totals Temp Check Number 28 Temp Check Number 29 29 Facility Systems Inc 01-4600-110-10 labor/trip chg 55.25 29 55.25 Totals Temp Check Number 29 Temp Check Number 30 30 First Trust 12-4226-000-00 Go fee 496.08 30 496.08 Totals Temp Check Number 30 Temp Check Number 31 31 Energy Sales Inc 01-2010 station splys 77.14 31 77.14 Totals Temp Check Number 31 Temp Check Number 32 32 Fire Marshall Assn of Mn 01-4404-030-30 1989 dues 20.00 32 20.00 Totals Temp Check Number 32 Temp Check Number 33 33 Kevin Frazell 01-4415-110-10 Feb allowance 175.00 • f 2 Feb 1989 Claims List Page 6 Thu 2:55 PM City of Mendota Heights Temo Check Number 33 Temp. Check Number Vendor Name Account Code Comments Amount 33 Kevin Frazell 01-4400-110-10 lunch mtg 27.00 33 Kevin Frazell 01-4400-110-10 lunch mtg 17.84 99 219.84 Totals Temp Check Number 33 Temp Check Number 34 34 Govt Training Svc 01-4400-110-10 Wkshp Batchelder 65.00 34 65.00 Totals Temp Check Number 34 Temp Check Number 35 35 Holden Business Forms 08-4490-000-00 open house invitations 331.90 35 331.90 Totals Temp Check Number 35 Temp Check Number 36 c 36 I C B O 01-4404-040-40 1989 dues 70.00 36 70.00 Totals Temp Check Number 36 Temp Check Number 37 37 I C M A R C 01-2072 1/6 payroll 0.00 37 I C M A R C 01-4134-110-10 1/6 payroll 82.55 37 I C M A R C 01-2072 1/2 payroll 107.70 37 I C M A R C 01-4134-110-10 1/2 payroll 82.55 37 I C M A R C 01-2072 a/6 payroll 107.70 185 380.50 Totals Temp Check Number 37 Temp Check Number 38 i 38 K Mart 3445 01-4268-650-10 Minoltal camera/flash 310.80 38 K Mart 3445 15-4268-650-60 Minolta camera/flash 207.20 38 K Mart 3445 01-4490-110-10 misc solys 102.61 114 620.61 Totals Temp Check Number 38 Temp Check Number 39 i 39 Paul Kaiser 01-4268-150-30 Jan svc 1,001.00 39 1,001.00 Totals Ter' Teck Number 39 2 Feb 1989 Claims List Page 7 Thu 2:55 PM City of Mendota Heights Temp Check Number 40 Temp. Check Number Vendor Name Account Code Comments Amount 40 Knox Lumber 05-4305-105-15 misc splys 28.32 40 Totals Temp Check Number 40 es.;32 Temp Check Number 41 41 Knutson Rubbish Service 08-4335-000-00 Jan svc 24.62 41 24.62 Totals Temp Check Number 41 Temp Check Number 42 42 Thomas Knuth 43-4415-847-00 mileage 20.47 42 Thomas Knuth 58-4415-863-00 mileaoe 29.25 42 Thomas Knuth 05-4415-105-15 Feb allowance 10.00 126 59.72 Totals Temp Check Number 42 Temp Check Number 43 43 Krechs Office Machines 01-4300-110-10 misc splys 6.56 43 6.56 Totals Temp Check Number 43 Temp Check Number 44 44 L E L S 01-2075 Feb dues 175.50 44 175.50 Totals Temp Check Number 44 Temp Check Number 45 45 L M C I T HP 01-2074 Feb prem 339.01 45 L M C I T HP 01-4131-020-20 Feb prem 694.20 90 1,033.21 Totals Temp Check Number 45 4 Temp Check Number 46 46 John Lappako 01-4305-030-30 reimb prtg expense 50.00 46 50.00 Totals Temp Check Number 46 Temp Check Number 47 47 Lees E Mtcn 08-4335-000-00 splys 47.25 Feb 1989 Claims List Page 8 Chu '"2:55 -PM' T=7 �- S'NJ City of Mendota Heights -"J Cemp•-Check-Number~=? 2 Feb 1989 Claims List + Page 9 Thu' 2555 -PM: 4, V3 7' "=F) City of Mendota Heights-',,Z 'v" 06) _ - 10 .266 B2 '1' :rr} )t'1 Tema Check Number 1-V653 170 9' 6°9 !3t 11baw :M1 DEE. 9' 9,� ra' N-19 . n,:d a)• t<J�v '9' 7.9 Temp: E Mt!(3E3 Cr, T29- 9:9 _ -;N ; 29' s 9 T --a' ^,0 �'Check,tlX _ FJ' 9Q Rj ,�_ �, ��� 7 ,�1, s' rya} Numbei^-VeAdor Name 5' GS 9Account Code 'r' ^xry 9' r9 Comments" 6+9 Amount UCU3 mtleS2 T'29' '99 Vi'.l- 661 T.•._ ! ------ c=E 53_- Wn;,JbEc= 125.00 Totals Temp Check Number 53 Temp Check' Number N' rc 54 �' 9`3 -'' : ' t• '''m "' `'�' .:ii.i.0 L'l 3c& e.i•,• ... ,9' ,�.� '�. 199 i L+ 54 Metro Sales ' 9'> 01 =4330-490-10 `� _ copier mtcn 260.70 '-1CU54=Mctr8DSales 19.1 6XI X01=4330-490-30 ' ' 9 v' i•rr�+ copier mtcn 260. 70 :ICt-54`Metro Sales 01 CIS FJ01-4330-445-40' )' 0-) copier hitcn 260.70 T'C1'.'v54+_Metro Sales 019(9 001-4330-490-50 copier mtcn 260.70 14c1_754 Metro�Sales •9"' -NN w01+-4330-490-70 :i copier mtcn 260.70 't4 54:-MetroESales 3Sl00 K05-4330-490-15 S ""•) copier-mtcn 260.70 �i.,tU54-Metro Sales=i'+9r3: 515-4330-490-60':' ,'1 i' r, copier mtcn 260.80 ?eiC'378 II)PE2 + 313,00 85' FJ' 9 . ":d = ;' ^ "; 1,825.00 ':1U:Totals_Temp Check Number 54 T. ' Temp Check Number 55 OEs_ u%9n ::: 3' ca i T : r1' .a'c : = : 3' 0,1HE55 ••Metro.Waste Control'.? 3515=4449-060-60;' _.; Feb svc-',f,t 33, 118.04 2tj1d55 .Metro Waste Control ,O F314=3575 7' 0s 1) n• •1.y Feb svc 2, 796. 08cr E1 tlj--�i�L'8 't' 35 01--------- _ J. *9 it' ,: rTotalssTemp Check Number) 55..,n Temp Check Number T -_3, 256 ^-,f; 'ij 56 -Mid Central Inc ,'3^ _,01-4330-440-20 ._ strobe lampt 51.90 - '..c_r wsJX S it t 51.90 {?1x56 1+�E8 -51' ;j ; ! y 3'9 �� . -3 . ;D - _ .' - r".Tota1t;.:Temp Check Number 56 T + _,,•:.''.f7j, C.E- /51WBE-i`....._?Oji' Oc l,,tAE: Temp Check Number 57 .a-r�' r,=� .01 '•4:57 Midwest Photo Svc -'&D •;01=4305-020-20 t Jan devlp ', 89.45 1LLa.:57 Midwest Photo Svc" -.`)z -01-4490-110-10 +' t^; film/devlp 35.96 '_;Z.'.---: Gtc 2 :. -. J' �J v -`I' t�d''J :i' ".J'J :' 7'a 't• "}") ------ _ �i.°114=iJ`?=i=D �' 't, r 'J' fli F1 y• .'.,/:� o' , 1 J' 9 125.41 =:. -Totals -Temp Check Numbed 57' Temp Check Number 9- R-58 11 019 rJ" `+t� `^+ s `• Zl`_}158.Midwest Siren Service X07-4330-000-00''' j'j ; •;:+ Jan mtcn- jj i 62.40 - eE2' DID �'' :aFl !' : 7 _' rt1N 62. 40 � Totals Temp Check Number 58 Temp Check Number i E!.,,ICD 59cO!41H-!0-44J1E Cull !Eb-;C-C•`_+_ hzyU-10-7�rIE- r'rfILS�+EYik; a r_�cC`7f urEODHIS 59 Minn Cellular Tele Co 01-4210-020-20 Feb svc 14.70 ,. Fait t3CC;,:1CT-tf..ClL;rt 3F rL)7: =•�� t bVq: CT+n o�6 WGWgQP9 H-37EFra Z0 ". 6ts. Tt?B3 a, ' r-.., 41 i `= _.=,g 3Fs r' a. 2 Feb 1989 Claims List Pace 10 Thu 2:55. PM Temo Check Number 59 . F Terno. Check' Number Vendor Name �'F'•"� 59 Minn Cellular Tele Co City of Mendota Heights 7:+ . Jrl Account Code 01-4210-020-20 i Comments Feb svc ' Totals''Temp Check Number 59 Teruo Check' Number 60 _ 60 Minn Dept of REvenue 01-4320-050-50 Dec fuel tax 60 Totals Temp Check Number 60 Temp Check Number 61 -, 8 r, ? t I- 61'Minn-Mutual Life Ins' '01-2074 "' Feb prem ' •1•"61 Minn Mutual Life Ins 05-4131-105-15 + Feb prem •61 Minn Mutual Life Ins 01-4131-020-20 Feb prem 61 Minn Mutual Life Ins 01-4131-070-70 Feb prem 244 -..:Totals•'Temp Check Number 61 Temo Check Number 62 62 Minnesota Benefit Assn 01-2074 Feb svc 62 Minnesota Benefit Assn 01=4131-110-10'' r Feb prem 62 Minnesota Benefit Assn 05-4131-105-15 •' :+. Feb prem 62 Minnesota Benefit Assn 01-4131-020-20 Feb orern 62 Minnesota Benefit Assn 01-4131-050-50 Feb prem '62 Minnesota Benefit Assn 15-4131-060-60 Feb prem -62 Minnesota Benefit Assn 01-4131-070-70 Feb prem "62. -Minnesota Benefit Assn '23-1145 Feb prem 496 - Totals Temp Check Number 62' Ternp Check Number `63 L t 63 Minn�.Police Recruitment•System•01-4400-020-20 1989 dues 63 Totals Temp Check Number. 63 Temo Check Number `64 + 64 Minn State Fire Chiefs Assn 01-4404-030-30 1989 dues 64 Totals Temp Check -Number 64 4! Temp Check Number 65 65 Minne= -Conway 01-2010 misc eq Amount 10.20 69.20 69.20 20.40 1.70 5.10 1.70 28.90 163.02 252.00 345.85 582.60 118. 67 14.55 110.86 60.00 1,647.55 260.00 260. 00 90.00 90.00 499.00 2 Feb 1989 Claims List Page 11 Shu 2:55 -PM 9TS'..a ?=�'=' City'bf Mendota Heights A=- - C.``' `Jr5i9 0' SOO 1".101) 1 Femp'Check Number =65 -�37 3- -i7 • «,'y.'''!'`: ':t'S=? �3a' ^3 l.�.3' r8 lay• .+a lam_' n•� `.c•i' •`k3 Temp• '_.+X 22' -_ �s' .31 1:2 :Check'- IUX 1W S2 -%J' 52 „1' S2 :v' -2 _`.X Amount �umber`'Vefidor Name 835 ' d "33SAccount Code 335' 13 '3?S' _3 Comments' h F.r•. 499.00 ..Totals Temp Check Number% 65"0 `�' ':=-'.F `Number Temp Check :9' -'66 9. 00 =ice+ 66= Mn Dept Public Safety y01;z4200-610-20 ,' GO r9' ,'9 conn chg' `.-^ 150_00 _I_^.i•a-='�O�c'. •`J' �JTJ ,•1. Flfl .i• rVK] fj' jr�J J• �7 rhL'66_,j X rj' m,c� EJ' �+� �' StN `�ice 150.00 ;'-Totais Temp Check Numbers Temp Check Number +' 67 J' •;�, a' r..-61,00 " 598.02 'c!0267"'Morton Thokol �'';�� '901=4421-050-50 Ti, .5n 0* cj•,1 ='.:A 67 Morton Thokol 01=4421-050-50 safe t sale --582_96 1, 180. 98 134 _Totals Temp Check Number- 1_67-: '`- Y9' T.,• r7. TemO Check Number ' ^.68 ti+') a' , F, ,y� 00 9_00 68. Motor.._. Parts Service y J01=4330-49@-50 - f;? y' '^•9 labor 1� _-,; 9. @0 _d_Totals _Temp Check Number- .:68 Temp 'Check Number 69 w ' - - ,0--69 Motorola Inc - 7;PO1-4330-450-30 ;: -a' t+; radio :rpr 122_00 -_.i!QDa I 'r 122. 00 ;iP -69_ _ i :btu __� •^n .gid.- Hwc' : i +M ; i ice• . _ _ 'i c. ; Totals Temp Check Number 69 Temp Check 'Number :70 13_00 .. :170 Natl Computer System'' •01=4330-440-20 _'= :� Qrtr ror' ; ..fir_. 13.00 70,u='2 _51 _'*%+0 :29a'`1S ')= tl Tp,- --4 '-01-,Totals Temp Check Numb6i, 70- 'KJ :;N i.• -) S Liu Temp Check Number .. -71 T �d7' _s ,i::+.L71r"Nati Fire Protection= 53201-4402-030-30" j2 -__ ';= subs renewal 263.25 263.25 , Totals Temp Check Number 71 Temp Check Number tE1&ICD 72:•.OW1H-.LO-Dd.LE C(1�S_2K-!J-_•715 acb''-!u-i �1E ncz4--_-:?H!E cng.iEMI YSC7i : ti =A7Y}9 72 Northern STate Power 01-4211-300-50 Jan svc 354.42 ------ *•••++• bGC;)i�fll-.y;itti�t .�t:._:C91 tkt 1 -- WJkt 72:30 bW CT fx 04:Waugof9 He. 7Q;.a 354.42 ie T6tals3Ter. +eck Number 72 b5r36 ti� 2 Feb 1989 Claims List , Page 12 Thu'72:.55 1PM .Eta= of Mendota Heights Temp Check Number T9.+• 073 -+R +' -*e 'V: * -•I -- !Y- -43 -+-&'" ^crnVtlHuh FJ' 39 k9' 90 r' N-, A, :11 I I J'') wTemp:� b728 •9' ON 0' 1)19 '). ":9 J' -7K> tCheckdC22 9' fill) 0' 0 11 )' 0 ' a19 NurnbevAWOr,dot^ Name 2N. as 2CA66ount Code ?'�' Ta 23 Comments' Amount rOV.'73-Oikcrest Kennels "9' 1j@ 90P=4221-800-90 ' '•N \t' -?t''j Jan svc •' 110 125. 00 JE -"73 Oakcir•est Kennels=o' Si 5E0f=4225-800-90 " �� �� ' ar Jan svc.: • :- 35. 00 _ r 146 V4 35' 71:) '9' ' : ' 's _ 160-00 .'.Total%"'Temp Check Number,) =73 'FJ -'' .,r) -•'' ry --,5 -N `74 Temp Check9Number ::f;t':- 'EE AnwbEb• \iC%e397 L62 'AUWE: m'3"eC•u' 1G,141Y _6), 74 P C Express 01-4600-110-10 computer 1,387.00 �`-- ==.h 0' dN 9' 00 -------- _!_ X74• .�� i-w.if12.� Fj' Fj�, �' ,;�� :, r =1 r•.9 1,387.00 -Totals-'Temp Check Numbei^'9 74 0 .;.1110 t3bG,'_2 Temd Chh68k=NGmber 0",975S % Y' "0 -�=U'75 Peat Marwick MainD&DCO 901'=4220-130-10:' - pre audit '3 1,425.00 ,EI'75 Peat -,Marwick Main'&OCo r�05-4220-130-15`t s^! `.i " : 249.00 '.H;(H75-PeatE-Marwick Main J&' --.Co 021'-±4220-130-@0'" "o 36.00 �..J_75-Peat Marwick Main:& Co :710=4220-130-00' "t.e i .� . 36.00 t:EDF75 -Peat Marwick Mainv &,SCo 016=4220-130-00' ' F,tr,, ,,' Fi,rJ f,' eF, 288.00 ' bC;_7.5 Peat Marwick Main•'.&'Co NO3=422@-13@-0@ :',5,n �.•'iFi " ^, ,,.i 192.0@ "��>• 75'7Peat Marwick Main & Co 1574220-130-60 7 ) 183.00 ^4'75 Peat..Marwick.Ma!in-& Co••.- '. -10ci4-4220-130-00 591.00 'E-600 64 V'9 - •9U !" ;:' �:Y J• ^ 3,000.00 y'f-Totals-Temp Check Number- 1 75.0 F;' e;r, Temp Check Number v' 1.76 .IGH ^._:`;`, ___ '. r.Fj }• g;.} -. l ' N rGH76.J•C Pihaly Co :)01'-4300-020-20 5j ,':;'s warning tickets 264.00 76 •E.A.L i ELS i' .) 9' fin 264.00 -.t"TbtalsJTemp Check Number•' 7609 _9• Temp Oheck.,,Number W .77 '?' Fri J" . v r! �,.� e �• ^gH0L3 ,! •':?j Si -"JO t'.!d :'' aFi r}' ,It .Ci. 77.L1,Prec i ous Petals 08-4335-000-00 ^) D Plants etc : C H 1,035.30 ;tOwE: 2�,"u�«�a ����t,.o� r. -------- 1,035.30 77 -tz-..i.Totals Temp Check Number) 7719�'•"Kj 7...i•!':RS :l_if":lV1=Hb + �' ;;^,9 �9' A9 =s' :'`3 �,' ,'J F�' �ty Temp Check Number 7' r78 )' JrJ `,' ,ri s' •`,`;' t' `',r) _IC'J78=Primo `Source 9' 9") 308-4600-000-00 ' :'! ^)' �• T shelving' 'r.>' 690.25 690.25 78 --Totals-Temp Check -Number -- ------• 78-_ ------ -- -- - - - --- ------ — _ ----- :n�.F;IJi3 rill: i-iil-L�ti! E �f ttu's: �- t -_"i_= !.t?1!�-:1�.-J 'td hF_?�i - :I�-��'.LG Temp Check Number CnBtSEAZ 79 _I2CHG �Hr-_oDub 79 Proex *-,+ devl p 21.66 AC`!.} i"20 bw CTP,\ O;. wa).'gocv ..jG7�Uf3 ieavu iaea 2 Feb 1989 Thu ' -2:55 PM ---ED Temp Check -Number G - J-79 7.L -)LE LUX 19,190 .lemo:F _tlX O"r� :Check ' ILIE8 Number'`Vendor Name /If'+18Et4- ,>s. _:!Ueo8T2 VRtli•1E 79 Proex . '158 'tf ��a.i +_ .• 2� '..,,Totals -'Temp Check Number".) •.-r.,3 3`302$ , 9!s Temp Check -Number C11 f�be722 7w:'80_Brad Ragan Inc J' 11N > 1180 Brad 'Ragan Inc ..:.'X '80 Brad' -Ragan Inc:035' 36 _ F80 Brad Ragan Inc :•+' _ .-X80'Brad Ragan Inc '2)1S21 =JG8@ Brad Ragan Inc '-1'-1 yA 80.,Bi-ad Ragan Inc 560 Totals Temp Check Number, Temp Check Number w sf3l _1111i (31_4C.;18 K'rJ .S_L181JS&Z_Office Products q - JC °81 ,S&T Office Products , u:,81 S&T Office Products.. -..;81.S&T Office Products J ,'XL81_S&T-O.tfice Products i j,L81 _S&T Office Products,,) -._,-81-S&T'cOff ice Products ; '81'3&T.zOffice Products.") _•n 81'rS&T'?Office Products 3�o,t• -81 _S&T; Office -Products :!tl'r.'c 81 S&T Office Products ' 1 BTkS&T Office Products:3 ..972 ;22' r r F, . .,o.Totals,:Temp Check Numbers Temp Check Number =33'982 lux 7• f�rJ _=1:82'Sanitary Products}Co1 ,11X,"82 'Sanitary Products' -Co_ dX c__.164- ',JX :pd•9S 2L-OTotals7Temp Check Number? ,it P':=:3:08 Temp":Check Number*i:25d3�5 83•,'c= Claims List Page 13 9'St9 City of -Mendota Heights9N rig J•' 9CJ �' `r9 y'r7(9 9' •9v Account Code N Comments j Amount ef-GTu• r(sT;p F 01-4490-110-10 film 5.38 27. 04 79' 0 a' `J' rjri FJ01-4330-490-50 i' �'a 1"�JO tires 308-10 789.92 tires 304 _•9 789.92 T f1&T01-4330-490=50 "' ",7 7x35' 9 3 used -tires. --credit 340. 00cr 't:�15=4330-490-60 ;' '.- __ i3 tires 403_:; 293.24 _.r'j01-4330-490-50. _- 7 2 rr IV =12 340.00cr i i =•115-4330-490•'-60 _' ._�. - r ._ +� r P rs : 402' * _ 27. 00 01-4330-490-50 i T tires 301 T 550.38 80'19 9' ^• .401-4300-110-10 -.0-1-4300-030-30,-- !:!M '01-4300-030-30 r,)01-4305-030-30 ;:01-4305-030-30 :01-4300-110-10 ,:01-4300-110-10,-", .01=4300-020-20 05-4300-105-15 3:< ry01=4305-030-30 01-4300-030-30 5=01=4300-110-10 " -z- 398* 38o'r'd! ia, '^) 2208--14335-000-00,-,' -2? 3%+108-4335-000-00 p5. •r2 = .B682 ?S .;26' e") - -'83-L E Shaughnessy --Jr--- 83 L E ShaughnessyTJr �ION!H-i0-05-4220-132-15'-_'1ic 83 L E Shaughnessy=JV,! 21-4220-132-00 83 L E Shaughnessy Jr 16-4220-132-00 fir- tipcn;✓Vlrr'uicm Jc:,Gd:. >-} �ou T:^d bW CTE)v of ,;sugOgs HeTau}a TP lav TaBa )' :. rJ �" )1� X F11 171 r3 :)o bulletin ,;board .art rr -roc! misc solys bulletin board c, desk tray m r� diskettes misc splys, rr 2,3 Plaque__ ^.:i _N,j' pry u '].} J' !"i '9 "19 ::q ice remover =.. mats --------- - Jan-Svc•-•-•-- �32cyr Jan. Svc' -!5 rr E: tgds sk, 1, 770. 46 193.12 7.46 5.25 84.60 38.77 55.50 10. 10 19.12 196.71 247.50 57.25 53.85 969.23 85.60 107.40 193.00 -1,079. 50 93.45 153.10 230.95 2 Feb 1989 O*rJa4 Claims List 'Sidnal Car Wash -j' ,gf-lj Page 14 Thu '�2:55 PM i -,-a4 -Di,C.LED W City of*Mendota Heights ••3 1+9 NumberV IL- eti '-tu;-r!-1-Lt4bA *11 1:f1 )' jo ••O'l 1, Temp Check Number 1983 13" �1) =,vA 85!tShyder Drug Stores ziNbr-85 SnydePOZM"ug '-Stord63 WtJWE- A"I 425 iii-Itj :711"cae .13 •f-'JA9 9' "99 ;Olt ":-t5O2'2 J. V;!5 Temp Check Number --T&rA p� EDIM! ED -;.I*1*J -,Eun;:�zD W q19 Sorby 9' ISO tCheck'-!IOaP- 101-,4305-020-20— r3a 0G !d*ATot"als'--T6mP Check r" 06) 2LtIIE _WX F46mbgr -V6ndor Name 541 SN &Acdount Code ^,y ,tett a tet'{ --EF. Comments' JO Amount UEI; -4E,�iEIAI DED *9- X419 .13* ION .114 A-LTotals Temp Check Ndffi6bi--3 aiHE*;s ,,orro-:tbA j.tlX .83::L'r='3Shaughnessy Jr' 06 003z4220 -13e-00.-- 931) »'.D 91 130) 72.65 83 LYE Shaughnessy Jr* ��'N G14-4220-132-00`1*015 ON 773.30 »_.•83• LYE Shaughnessy Jr'CrJ :)15-4220-132-60" *4 192.05 S, .0-1-:-4410-050-50 O"IN clothing -!-i 0 2,595.00 :-t Totals -Temp Zheck4Nuft6r 'k."WE' 2!G—.48:3 *i.-' Or(SILIG -a T6mp Check Number O*rJa4 'Sidnal Car Wash -j' ,gf-lj i -,-a4 -Di,C.LED 001=4430-020-207 "10 _!CTqtaIs*7Temp Check NumberV r,,x,dr -lux 00 T6MOiCh6ck NUMber 1, 71'l, 85. Snyder Drug Stores -5 =-ED-i85 Snyder Drug Stores- t-;& 3!�O•�M'Snqder Drug Stores—;a =,vA 85!tShyder Drug Stores ziNbr-85 SnydePOZM"ug '-Stord63 WtJWE- A"I 425 G '-T6talh-Temp, Check Numbbi-) ;Olt ":-t5O2'2 J. V;!5 Temp Check Number 13-'786 -;.I*1*J -,Eun;:�zD Sorby 1)* 30 101-,4305-020-20— !d*ATot"als'--T6mP Check Number) 2LtIIE _WX 'j, &19 T6in6 'Ctieck"Nurnber (,)---)87 ,tett a tet'{ --EF. 0, w) —1,\ 87-Si6rAthview Chev splys,j 87 0 A-LTotals Temp Check Ndffi6bi--3 aiHE*;s ,,orro-:tbA T T' f�.H9 T6mp Ch&&k Number "Y S88 �rllle 055022 91 130) ,-Ii ',,)ss7sPr:-Piiinting '-'r lio ti rzw__Ucaa N I11�1 0 ON ZE-*t6t*a-i4-'T6Wip Check Nu-mG&r4 Temp Check Number ----------89 13, ISO CO 0* GO 001=4430-020-207 "10 1989 car' washes 1 .919 44* 'v* 1, 84,-jfg 'Zi 19,00 i;`063 1)* 30 101-,4305-020-20— film 4" wOl;74305-020-20--,- rij f lm I), 901=4305-070-70..• .:;.'t 0, w) mise splys,j 01-4305-020-20 0 tape 2cww101-4305-020-20 film ON .0-1-:-4410-050-50 O"IN clothing -!-i Y, 6 -In 01-4330-440-20 i part 2246 D IP S T 01 GO 90 Q* Il:lrj 7 'D�1 -!-01;';-4490-030-30 j' prtg 19* 1`9119 .4 * T G, bE810D 89 St Paul Book--9=Sfationery 01-4300-110-10 89 St Paul Book & Stationery 01-4300-110-10 mise splys WOO r:130 bw OL wG"qOPv HaTep,ca is 19M lass b3c's MTS 33.98 33.96 45. 6' 3.68 24.47 141.71 47.88 47.88 30.71 30.71 263. 30 263. 30 64.23 26.40 Feb 1989 -^;t101Q4400-110-101' y^; ' Claims List 60.00 Page 15 'h'i =2:55"PM= :573' 2e T5r9' ::e City -of1'Mbndota Heights" 30 00 91D. 0� ce . 1 �1f82 _ 3c: ')• ,7 ' iFj `!''7 "emp' Check �Nurnber Sc+O' 789 51+'9' 23 +rj• ; ^, ;vRj• 29 TJ' Vit! -'3'3T 73S\+13O TjSc+"319 27; 01 a 750122 ,215c+-'219 ` Temp: tsloD2 T !' .'rJ �!' A A' •90 r ' '-CheckIE onWSE3: -+3158_105 s1 WE: 6"Ga' µ491..70 8 parts ^, • T _ 79.65 dumber Vendor Name Account Code Comments Amount ti 1 n N, 9.90 q• 06 0' ON 'D' OO 7j 4Fj -OA `:•:1!_789 St'Paul IBook & St9tI6nery 901-4300-110-10if'46) 0'9V misc sp•Lysq 3.30 NO 0,019 O' rm2 Temp, Check! INumber-� ;.+;+: 93-E' ,T, ,- .,., ,• r. : OV'01=4240-110-Q0 ' ._ ::':?'.? R Secy _ _Tofals:'Cemp Check Number; 89'19 ' :'r? TO ord 260 'r.'! uL32 zJ vn3 2' 9si t' yr) `I' tJ;9 femo Check Number f,90 G;! 4' 7O '0' DO i -Totals :Temp Check Number'! 93 9 1' .+'•' ' ! 9' `)') `2' g74 ell St -'Paul Stamp Works,)ij ,:001=4305-020-20+7' SO Gi' S+Ti plates 9' 99 22.75 j*, :J rj' 10 9' ON ^;• rill 0' 09 g• ----- _ax --^0+„90 LUX .1 ' IN 9' FJO ,,!' v,g 0- 90 19' 09 22. 75 ciTotals ='temp Check Numb&OKi 90 ;O ??Oiz3315 '9' =; -' _ : rfd permit '3031 0 50 Temp Check *Number',-i3ar87o.� 91'4E: oG N6ua3c u`=`G" IE. 91 •State of the Region M -^;t101Q4400-110-101' y^; 1i)T' :cJ Regr Kevin"i & 2 60.00 -,•591 ^State of the Region .n 4005"4400-105-15 •' Fi•1 00' raj Regr Danielson 30 00 91D. 0� ce . 1 �1f82 _ 3c: ')• ,7 ' iFj `!''7 )' �J'�! _.. ri f _:'totals -_Temp Check Numbed .91,; -'3'3T _SCS 11�ag ?2i'SF! -7 '2i � 02T rO =27• _� Temp -Check Number 7' ^'92 !' .'rJ �!' A A' •90 9 rl• ) a w i.E�9r i1 L Dc^ c� (1092-, Stre:i:chers ?I= ._ _ _'?' ` 2 =7201=405-020-20� _ R, 11.1 parts ^, • T _ 79.65 79.65 _;-L92' _*jX J . an- `Totall s.Temp Check Number-) Atli sEU1002 Temp, Check! INumber-� ;.+;+: 93-E' 'El 93 .Sun Newspapers, 9100' =iF : OV'01=4240-110-Q0 ' ._ ::':?'.? R Secy ad --2 132.00 •3;F1c'93, SdA,'News papers :''arJ ::01-4240-110-10 ''=': ;' ': ord 260 'r.'! 25.25 :! t =—_:517 ? :J"?!9 19• ;N rc1' vKj 7' .9 `I' tJ;9 °�. 186 c093 0* ,;,Ic: )' ^i,g : 9 � . ' ,;,, 157.25 i -Totals :Temp Check Number'! 93 9 1' .+'•' ' ! 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WEugo;w Hsxap;e le 19W Taga c E_t4ni'%A?: 1,ViWBE b: °C?:.r2 __' •I'dWE: Iaa7• 'I =12585 • Jrr,:4.L t'8 A Brand Total ? C _C•i1C1ED _ � it7 31iC.2? -olmir lux 3S!:3=_WE'fi1 DED 3I; CITY OF MENDOTA HEIGHTS MEMO January 12, TO: Mayor, City Council and CityAd noator FROM: James E. Danielson Public Works Director SUBJECT: Vacation of Eugenia Street and Alley 989 DISCUSSION: Mr. Wayne Schwanz, 591 Hiawatha Avenue, has petitioned the City to have all of Eugenia Avenue and the alley between Eugenia and Garden Lane vacated (see attached map). The Eugenia Avenue vacation has been'conside ed several timefbefore and rejected by the City Council. Most recently Ms. Jan Peyer who lives adjacent to Eugenia along Trunk Highway 13 requested the vacation so that she could build a home next to it without requiring any variances. Council rejected her request until a development plan for the vacant Colon property was completed. Staff has reviewed Mr. Schwantz's request and offers the fol owing comments: 1. The area where Hiawatha Avenue will be extended to connec with Miriam Street should not be vacated and has therefore beei deleted from the description. 2. Easements should be retained on the east and west portion3 of Eugenia Avenue and also through the alley for existing ut lities. 3. The vacation hearing has been advertised in the Sun Curre t as required by law. Although not required by law, notices hive also been sent to those individuals owning land abutting Eugenia Avenue or the alley. ,4. That portion of Eugenia Avenue lying east of Hiawatha Avenue is now being used as yard area, I think, by the homes lying sout of the right-of-way. Those lots are extremely small and if Eugenia is vacated, ownership will revert back to owners of Lots 1 & 2 of Cherokee Park Heights on the north. This may pose a problem for those homes on the south. RECOMMENDATION: Subject to retention of the needed utility easements and the right-of- way needed for extending Hiawatha Avenue to connect up with Miriam, staff has no objections to vacating either Eugenia Avenue or the alley between Eugenia Avenue and Garden Lane. ACTION REQUIRED: Conduct the required public hearing and then should Council 9 sire to vacate the street and alley as requested they should pass a motio adopting Resolution No. 89-_, RESOLUTION APPROVING VACATION OF A STREET R, HT -OF -WAY AND ALLEY. City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 89 - RESOLUTION APPROVING VACATION OF A STREET RIGHT-OF-WAY AND At WHEREAS, the City of Mendota Heights is the current record owner o a street right-of-way and alley as described as follows; and f That part of Eugenia Avenue as dedicated within the plat of Cierokee Park Heights described as lying easterly of the southwesterly extension of the northwesterly line of Lot 1, Block 1, and lying Wester Ly of the southwesterly extension of the southeasterly line of Lot 21, Block 1 and lying easterly of the southwesterly extention of the nortiwesterly line of Block 2 and westerly of the southwesterly extention oC the southeasterly line of Block 2 together with the 20 foot wide illey within Block 1 as it extends from Eugenia Avenue to Garden La e. Reserving from said vacation an utility easement 10.0 feet ovar, under, across the north 10.0 feet of said Eugenia Avenue and over thD entire alley. WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable Minnesota Statutes; and WHEREAS, a public hearing was held on said vacation on February 7, 1989, at 7:45 o'clock P.M., at the City Hall of the City of Mendota HeightE; and WHEREAS, the City Council then proceeded to hear all persons inteiested in said vacation and all persons were afforded an opportunity to present their views and objections to the granting of said petition. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the street right-of-way and alley described above, situated in the City of Mendota Heights, is in the best in erect of the public and the City, and is not detrimental to the health, salety and welfare of the community. 2. That the above described street right-of-way and alley b and the same is hereby vacated, reserving the above described property fo a drain- age and utility easement. 3. That the City Clerk be and is hereby authorized and direted to prepare and present to the proper Dakota County officials a notic of com- pletion of these vacation proceedings, all in accordance with the applicable Minnesota Statutes. I Adopted by the City Council of the City of Mendota Heights this day of February, 1989. �th CITY COUNCIL CITY OF MENDOTA HEIGHTS an ATTEST: Kathleen M. Swanson, City Clerk Charles E. Mertensot_toV -Mayor CITY OF MENDOTA HEIGHTS NOTICE OF HEARING ON APPLICATION FOR STREET RIGHT-OF-WAY AND ALLEY VACATION TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of M Heights will meet at 7:45 o'clock P.M. on Tuesday, February 7, 198 City Hall Council Chambers at 1101 Victoria Curve, Mendota Heights consider a street right-of-way and alley vacation described as fol dota in the MN, to ws: That part of Eugenia Avenue as dedicated within the plat of C erokee Park Heights described as lying easterly of the southwesterly extension of the northwesterly line of Lot 1, Block 1, and lying WesterLy of the southwesterly extension of the southeasterly line of Lot 21, lock 1, and lying easterly of the southwesterly extention of the nort westerly line of Block 2 and westerly of the southwesterly extention o the southeasterly line of Block 2 together with the 20 foot wide lley within Block 1 as it extends from Eugenia Avenue to Garden Lie. Reserving from said vacation an utility easement 10.0 feet over, under, across the north 10.0 feet of said Eugenia Avenue and over th,e entire alley. This notice is pursuant to City of Mendota Heights Ordinance Such persons as desire to be heard with reference to the proposed vaction will be heard at this meeting. KATHLEEN M. SWANSON City Clerk o. 302. asement o } Z cti, `!``+ . . . �>-i a 0 NT off. � L aro 4 Z 9` ° r.. eo a a fa • r ./I /V Zo Z/ ZZ Z3 Z-0 Z k i�r /�gG Ac y° -s�,o as,• _ „I13 c s�«s 4, .. .. 1a4 " F1, `I �x HiAwArHA 16 r� 1{ E w r afro. 1 r* e) LrZtc ^/!• IJ rt I/ to t �c •T . a 7 1 /1- 1-1 1 0 02--'Y7.. L T -r r + 4 9 to t33 f v� rp 10 4s� 7-*vl.v Ory �E'/ GiC CO. yat �1vNt A �i 41Q , 4 SG 91 4L /�G7 Cl Lp/%�%C .S 2G"iS t Rye 4 1/r7 �r '� -••� < •24 3 32 4 Ldre s �i �I o le�'s41. 70 Jo t5 Af , _ 7PA .1eiA t. 10 J)c5r- ml n1 LpT 3 PERRGQ N �'a .. � •�. . 15 I + 13 1 �»'� r t ro : 9 � r ~ �P 70 :1243f 120 G ,La9r cs ws ea // Zo>.zs rIG ado to ♦o ` sa Io .!e e S a z• 3 N t^ h ti .w i 4p d 7 rr !7 t _ 1�J 7�2 C° i4 '� c*S ����t/ s t1 ro/1 w ,r` M) i10.41_ td. V- �' 2«r j � � fi' ti � .1� oo G � l 1 � r. S v° so •' � rcv s,� h t Cl tl Gr , ct' 7�N !iYZ1 W�VSTDN CDUT e r p13 �, V � � --\ Il4. / �s: I �/ i, ZL J L •Js V tl.u' aitJ; I 140 �it�F �"' �df 0 .l 3� � y5 �' ssT� • sef tsu .+ei��• ' i;1s is � j} o 4 October 26, 1988 City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Attention: City Council Regarding: Request for vacation on the alley which exists on Block 1 of j Park Heights. We the undersigned adjoining property owners do hereby request the City Heights to vacate the existing alley in Block 1 of Cherokee Heights Park Gane to Eugenia Avenue easement. We request that the vacation be unencum for the customary ten(10) foot easement rights under or over the exist For reference see exhibit A. Sincerely, Name: c1.).:' Ion.' v < ► 1 ; `�jc 111 ►� �.. t � tomtit c.ti 1LG1<-�.�- to k Lx Address: 66�5 Nw�l / 3 Cherokee of Mendota from Garden ered except g utilities. ly RELOCATION BENEFITS (PUBLIC HEARING) r The T11 55 Area Plan anticipates that the Rogers Road an ! Mulvihill neighborhoods will eventually be redeveloped with business uses. Although the City has no present need fr the single-family properties in these areas (because we hav no development proposal before us), Council has offered to ? purchase homes at fair market value from anyone who nee s or would like to sell their property. One property owner ni. " Rogers Rd. has taken us up on the offer, and appropriat documents have been prepared by the City Attorney. However, before proceeding with any property acquisitions,, State law requires that we adopt relocation rules and # n t k L Y i B j MEMO i CITY OF MENDOTA HEIGHTS February 1, 1989 To: Mayor and City Council From: Kevin J.' �e�l�, City Administrator t Re: PLib'l_ is Ilearing Regarding TIF District Relocation =; Bcnelitf;, and T.H. 55 Area Redevelopment Plans i INTROIRJCTIOIJ Last January, City Planner Howard Dahlgren and associatB Tim , Malloy completed the Highway 55 Corridor Study. CounciL will recall that the purpose of that study was to consider alternative land use and redevelopment possibilities for the western mart of Mendota Heights, in the area of TH 55. A' number of tentative directions were determined by Council, including the -offer to purchase homes in the Rogers Rd. and Mulvihill neighborhoods from willing buyers. However, we, have never finalized our development and redevelopment objectives, nor our plans to proceed with implementation. With regard to the home purchases, the staff and City = Attorney's office have determined that State law requir s that we hold a public hearing to adopt relocation rules prior to any acquisitions. The first purpose of this memo an agenda item .is to hold that public hearing. The second purpose is update Council on the issues surrounding the TH 55 area redevelopment effort, so that we can agree on how o_. proceed. RELOCATION BENEFITS (PUBLIC HEARING) r The T11 55 Area Plan anticipates that the Rogers Road an ! Mulvihill neighborhoods will eventually be redeveloped with business uses. Although the City has no present need fr the single-family properties in these areas (because we hav no development proposal before us), Council has offered to ? purchase homes at fair market value from anyone who nee s or would like to sell their property. One property owner ni. " Rogers Rd. has taken us up on the offer, and appropriat documents have been prepared by the City Attorney. However, before proceeding with any property acquisitions,, State law requires that we adopt relocation rules and # n t k L Y guidelines, and that before adoption, we hold a public hearing and invite comments. Through some rather stran drafting by the legislature, the rules that we must ado the interim rules for relocation promulgated by the U.S Department of. Transportation on December 17, 1987. The are many pages long and are attached (for Council only) your reading pleasure. However, in case you'd prefer t "executive suilmtiry," Administrative Assistant Kevin Batchelder has prepared the attached synopsis. Adoptio these re.locatlon rules would apply to any project carni by our*tax increment district, including for example, a redevelopment at: 110/Lexington. The State statute also makes provision for voluntary wa of the relocation benefits, and a copy of the statute ( shorter) is alr;o attached. However, the City Attorney' office has opined that it is almost impossible for a re to waive benefits, and recommends that we not acquire r occupied properties. Although State statute provides absolutely no alternati to adopt the prescribed set of rules, we are still requ to conduct a 1)ublic hearing, allow a 30 -day comment per before final adoption, and provide a response to any co. received. Such a hearing has been advertised for 8:00 Kevin Batchelder. or I will be prepared to offer an oral summary of the relocation benefits, and to answer quest from the Council. or audience. Council should then tabl further consideration of the rules to the meeting of Ma 21, pending completion of the 30 -day comment period. HIGHWAY CONSTRUCTION The relocation and reconstruction of Highway 13 is sche to begin in the Fall of 1990. The rest of the work in area, including reconstruction of TH 55 and TH 110, as as the redecking of the Mendota bridge, is to begin in Fall of 1991, and be completed in two years. In other all is to be done by the Fall of 1993. A more conserva approach for planning purposes might be to assume that highways will not be open until 1994. LAND USE ISSUES The January, 1988 Dahlgren report identified several is surrounding appropriate land uses in the TH 55 corridor report proposed two redevelopment alternatives, and cop the maps outlining those alternatives are attached. Th differing land use proposals could, of course, be mixed different ways. 2 s le ; )t -are rules for ie of d `out y ver nter- e but red od meets .m. ons ch ell he ords, ive he i ;ues •The .es of in 0 i 4 s r A good deal of the eastern most land shown in the alternatives is currently owned by Resurrection Cemete Representatives of the cemetery initially expressed a deal of interest in our study, and the possibility of releasing some of this land for development. However, understand that they have never completed their own in study of land needs, so would not yet be in a position decide whether they wished to participate. i' f eat eir 'e rnal ok A key issue that needs to be addressed is redevelopment with 'multi -family versus business uses. Although initial inuires from developers have been more for multi -family uses, w will want to consider carefully whether it is advisable to encourage residential uses in this part of town heavily impacted by aircraft noise. I f Council is notbeing asked to resolve these land use issues or make decisions this evening. However, we may want to plan on a workshop with the Planning Commission some time in the next few months. Once a consensus is reached on the direction our efforts should take, the Commission and Council can proceed with the steps necessary to amend the Comprehensive Plan and zoning ordinance. FURLONG NEIGHBORHOOD The 36 home Furlong neighborhood is another key issue. A resident survey revealed that a majority would like the ' opportunity to move from the area, due to airport noise impacts and the lack of City water and sanitary sewer. The Council tentatively agreed that it would like to encourge redevelopment of this area with a more compatible use. The Dahlgren report analyzed the possibility of creating a tax increment district to acquire and remove the homes in the Furlong area, then redevelop the land with some other use. It was concluded that to make the TIF district work, office development of approximately $25 million, or multi -family of approximately $18 million would be required. These numbers would need to be reconsidered in light of legislative changes to the property tax system and tax increment financing a program made in 1988 and contemplated for 1989. i r When last we met with the residents, it was agreed that the City would see what success it might have in attracting a. developer for the new construction. United Properties initially expressed a strong interest in a combination business/residential project, but late last Fall, informed us that they were not interested in proceeding further. B cause of the move to City Hall and other pressing business, staff has not been able to pursue other possibilities. t 4 t` 3 It is staff's opinion that it will be difficult to attr large-scale development, particularly a business develo until the area highway work is completed in the early 19901s. However, after that time, this land should bec very desirable. With the Hiawatha Avenue corridor upgr in Minneapolis, TH 55 will become a key arterial betwee downtown Minneapolis and the growing Twin Cities to Roc corridor. During our deliberations on land use prefere we will also need to decide how much effort should be p into marketing the property at this time, as opposed to waiting until closer to the time of highway completion. ter In the meantime, we are left with the dilemma of what to do with the current residents of the Furlong Addition who would •' like, or need to sell their single-family properties. Staff has received many calls from residents and realtors inquiring as to what they can expect, whether to make significant financial investments in improving their homes, etc. The Furlong neighborhood is not included.in the City's existing TIF district plan for relocation. However, installation of utilities for the neighborhood was incl as was a blanket estimate of $1,250,000 for general pro acquisitions related to airport noise problems. City Treasurer Larry Shaughnessy feels that it would be poss to use these two categories to proceed with individual property acquisitions on a hardship basis for those who to sell. In essence, we could extend to the Furlong residents the same offer to purchase properties as we h currently done for the Mulvihill and Rogers Rd. neighborhoods. AREA UTILITIES In January of 1986, the Engineering department completed feasibility study for a storm sewer project to control t level of Lake LeMay, and for water and sewer to serve th Brooks and George's Golf Tee properties (as well as be available for crossing TH 55 during the 1992 reconstruct The project ultimately did not proceed, because pending development of the Brooks property fell through. However, we understand the property is once again being actively marketed, and the engineering department would to proceed with this project during 1989. Although we have not duplicated the 1986 feasibility reps for your review, a copy of the proposed plan is attached Council only) to refresh your memory. The plan shows thi storm sewer crossing to Lake LeMay as an option at this - (as it could be delayed until TH 55 reconstruction). Al; shown as an option is a portion of the watermain extensii along the north side of the Brooks property. We have attached a copy of the page from the 1986 feasibility re] 4 ea, rty le ocri a e on) . 1 ike rt (for i ime o ' n ort • 'x breaking out the costs and funding sources. However, t ese costs would need updating to reflect the scaling back ol the project, and the increased construction costs since 198(.' If Council concurs that we should proceed with the project, the first step would be to order an updated feasibility repcrt. A resolution for that purpose if attached. 11 PURCHASE OF GALEN AND JUDITH FUNK PROPERTY Council has previously approved the purchase of the prop rty owned by Galen and Judith Funk at 1199 Rogers Rd. The s le amount is as determined in the appraisal completed by B1 ke Davis. Council, also agreed to allow the Funk's to occup the property rent free for a period of six months following he closing. The City Attorney's office has prepared the attached (fo Council only) documents to execute this transaction. Th y include: Standard Purchase Agreement (with Addendums and Exhibi s) House Lease (with Addendum) Waiver of Relocation Benefits Council should approve execution and transmittal of the documents, with final closing on the transaction to be contingent upon Council adoption of the relocation rules required by State statute. SUMMARY as The purpose of this memo has been to discuss the immediate necessity for the public hearing concerning relocation benefits, and to update Council on the overall TH 55 redevelopment effort and suggest action to move the proj ct on. Council should act this evening to deal with the relocation rules, and to approve the documents for the purchase of the Funk home. The other actions suggested re less pressing, and Council may choose to act on as littl or as much as it prefers at this point in time. ACTION REQUIRED If Council wishes to adopt the staff recommendations, it should take the following actions: 1.- Call to order the public hearing on the relocation rules, receive the staff presentation, take whatev( public comments are offered, indicate that written comments will be received for 30 days, and table further consideration of adoption of the rules unti March 21, 1989. 5 2. Decide (in a general way) the format and process Council wishes to use to determining the preferred use alternatives outlined in the Highway 55 report 3. Decide whether Council wishes to include the Furl Addition (along with Mulvihill and Rogers Rd.) in current offer to acquire properties through a fri fair market value transaction. land 4. Adopt Resolution 89- , A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR STORM SEWE , SANITARY SEWER, AND WATERMAIN TO SERVE THE HIGHWAY 55 AREA. 5. Approve execution and transmittal of the Purchase Agreement, House Lease, and Waiver of Relocation Benefits documents for the property of Galen and J Funk, 1199 Rogers Rd., with final closing on the transaction to be contingent upon Council adoption the relocation rules. M 2 of y► th 1 i MEMO CITY OF MENDOTA HEIGHTS January 31, 1989 To: Mayor and City Council and City Administrator From: Kevin Batchelder, Administrative Assistant Subject: Uniform Relocation Assistance and Real Acquisition Regulation for Federal and Assisted Programs INTRODUCTION Property Federally The Interim Rules address specific and fixed relocation costs and benefits. The following is a synopsis of the Interim Rules, Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally Assisted Program, Dec. 17, 1987. INTERIM RULES The purpose,., of the rules is to ensure that owne s of real property to he acquired are treated fairly and consi tently, to encourage and expedite acquisition by agreements with such owners, to minimize litigation and to treat displaced persons equitably so that such persons will not suffer disproportionate injuries as a result of projects designed for the benfit of the public as a whole. Real Property Acquisition The provisions of this subpart apply to real property cquisition for the following types of projects: 1. Those carried out under the threat of emine including amicable agreements under the thre; powers. 2. Where there is an intended, planned or designa area, and all or substantially all of the prop that area is eventually intended to be acquired. Provided it does not conflict with the foregoing, t: determine that the requirements of this subpart do n an acquisition if all of the following conditions are 1. No specific site or property needs to be acquiree 2. The property to be acquired is not part of planned or designated project area whe substantially all of the property within 1 eventually to be acquired.' t domain, . of such proj ect within City may apply to :sent : intended, all or area is 3. The City will not acquire the property in negotiations fail to result in an amicable agre the owner is so informed. the event Bment, and Acquisitions meeting the foregoing criteria are c sified as voluntary transactions. In those situations where an Agency wishes to purchase more than one site within a geograp is area on a "voluntary transaction" basis, it is intended that 11 owners be treated similarly. The basic acquisition policies delineate the 1. Notices to owners 2. Appraisal and invitation to owner to accompany ap 3. Establishment and offer of just compensation 4. Summary statement and the basic negotiation proce 5. Updating the offer of just compensation, adm settlements, and payments before taking possessio 6. Appraisal standards and the appraisal review proc 7. Acquisition of improvements upon properties 8. Expenses 'incidental to transfers of title and lit General Relocation Requirements The provisions for relocation payments and assistance 1. Written notice describi 2. No person to be displ their dwelling unless dwelling has been make 3. The City shall carry program as described i nng the City's relocation aced shall be required at least one comparable available to the person. out a relocation assist2 the rules. Payment for Moving and Related Expenses Any displaced owner -occupant displaced person is entitled moving and related expenses. for moving and related expense expense and dislocation allowi for actual moving and related Replacement Housing Payments s for: aisal res istrative s ation cludes: program. to move from r1eplacement advisory or tenant who qualifies as a to payment of his or her actual Non-residential moves ar eligible c. Both are entitled to receive an nce as an alternative to a payment expenses. The replacement housing payment for an eligibl( homeowner -occupant may not exceed $22,500. The p limited to the amount necessary to relocate to a replacement dwelling within one year from acquisit: payment consists of the amount by which the cost of a r dwelling exceeds the acquisition cost of the di dwelling, the increased interest costs and other del costs and the reasonable expenses incidental to the p the replacement dwelling. 180 -day ayment is :omparable on. The ?placement ;placement t service irchase of For renters, an eligible displaced person, (a 90-daY owner -occupant) who rents a replacement dwelling, is ( a payment not to exceed $5,250 for rental assistar payment shall be 42 times the amount obtained by subs average monthly rent of the displacement dwelli reasonable period prior to displacement, from the lessi tenant or titled to e. Such cting the for a of: a) the monthly rent for a comparable replacement dwelling: b) the monthly rent for the decent, safe, and sanitary replacement dwelling actually occupied by the displace person. For an owner -occupant or tenant that pays little or n rent the average monthly rent costs shall be the fair market va ue. Last Resort Housing A person cannot be required to unless at least one comparable available to the.person. 1. move from his or hedwelling replacement dwelling is made The City is authorized to take appropriate measures to dwelling when a. replacement housing payment is not suf provide a comparable dwelling in a timely manner. ' include rehabilitation of and/or additions to a r dwelling, construction, loans, a replacement housing excess of the limits, purchase of land and re handicapped barriers. Application of These Rules These rules for Federal and Federally Assisted Pro adopted by reference in MSA 117.52, subd 1 (see attache relocation projects in -the State of Minnesota, even whf funds are not involved. However, MSA 117.521, subd. 1 2, makes provision for the voluntary waiver of these and it is under the provisions of that section that of acquisitions are proceeding. e provide a icient to his would :placement ayment in ovals of (rams are .) for all n federal and subd. benefits, r current 2864 9AIN. ted products and pipeline as a common the public welfare, and ublic use and purpose. fie state of Minnesota g crude petroleum, oil, carbons, or natural gas ,r the purpose of such across any lands, not ict ion, erection, laying, ing in whole or in part, r related products and ) such end it shall have lance with this chapter, •rn insofar as they may thorizing the taking of thereof, or the acquisi- •cense or authorization )NER OF NATURAL domain in accordance or association qualified aring to engage in the oducts and derivatives mmon carrier, the ,on until the plans )main is proposed shall er of natural resources. nmissioner can make a 've on the environment. hensive review of such )jcet, if pursued, would )tinges or alterations, if ved by the commission- ans so submitted within clans and the power of This section does not rich a routing permit is )e terms defined in this poration, or association. Ives from real property, acquisition undertaken itation carried out by a 2865 EMINENT (b) acquisition by negotiation; (c) programs of areawide systematic housing code enforcement; and (d) demolition. Subd. 5. "Acquiring authority" 'includes: (a) the state and every public and private body and agency thereof w power of eminent domain; and (b) any acquiring authority carrying out an areawide systematic h enforcement program. I istory: 1973 c 604 s 1; 1986 c 444 117.51 COOI'ERA'I'ION WI'1'11 FEDERAL AU'I'IIORITIES. In all acquisitions undertaken by any acquiring authority and in all rehabilitation carried out by a person pursuant to acquisition or as a co thereof, the acquiring authority shall cooperate to the fullest extent wi departments and agencies, and it shall take all necessary action in order to (lie maximum extent possible, federal financial participation in any and all acquisition, including the provision of relocation assistance, services, pay] benefits to displaced persons. I11itory: 1973 c 604 s 2 117.52 UNIFORM RELOCATION ASSISTANCE. Subdivision 1. Lack of federal funding. In all acquisitions undertal r acquiring authority and in all voluntary rehabilitation carried out by a perso to acquisition or as a consequence thereof, in which, due to the lack of feder participation, relocation assistance, services, payments and benefits under t1 Relocation Assistance and Real Property Acquisition Policies Act of 19' States Code, title 42, sections 4601 to 4655, as amended by the Surface Trar and Uniform Relocation Assistance Act of 1987, Statutes at Large, volume 1. 246 to 256 (1987), are not available, the acquiring authority, as a cost of a ? shall provide all relocation assistance, services, payments and benefits requ Uniform Relocation Assistance and Real Property Acquisition Policies Act amended by the Surface Transportation and Uniform Relocation Assista 1987, and those regulations adopted pursuant thereto, and in effect as of 3u following a public hearing and comment. Comments received by an acquiri ty within 30 days after the public hearing must be reviewed and a writte provided to the individual or organization who initiated the comment. Th and comments may be addressed in another public hearing by the acquirin, before approval. Subd. 2. Acquisitions for highway purposes. Despite subdivision 1, w I to acquisitions for highway purposes or acquisitions for which the state dep rr transportation performs relocation assistance services for the department c tration, the regulations of the United States Department of Transportati+ applied to all displaced persons who would otherwise be eligible for such assistance, services, payments and benefits thereunder but for the lack financial participation. Subd. 3. Exception.4 This section shall not apply in the case wh H'. financial participation for provision of relocation assistance, services, pa benefits in connection with an acquisition has been procured or committe ` W to section 117.51 and has then been withdrawn by the United States, acquiring authority subsequently determines to proceed with the acquisiti tion using nonfederal funds. s1 InglA has the ing code ' b voluntary) asequence It federal ; insure, to phases of ' ients and n by any pursuant financial Uniform United 01, pages quisition, -ed by the f 1970, as cc Act of y 1, 1988, g authori- response response authority lith respect hent of Ldminis- 3n may be relocation of federal ,re federal ments and J pursuant unless the )n in ques- history: 1973 c 604 s 3; 1976 c 166 s 7, 1984 c 633 s 1; 1987 c 80 s 1;11988 c 698 j • "� • I ,: ,' (ape, , .. _••",.;.=�:, • ,.;,; , . `:'�,�ti: �,,` 14� `�I�'I I.�• - t _ ��' � (jjjj/////.•••• /i ''tl arm?'�r'` 11,•`••�'•,.•'''a. �; `'•.,:/'�� :"t��hs't �'�. I rtR �( �i a• OFFICE e•' ■ Ac. j, 1 HC TEl aIYY /1f 1 A I �. 8.2 Ac. 4 _ Elk 4 I y A 1� 1 1: i( OFFICE L_. or ' 12.7 Ac. _ COt.IJUICIAt—' - :ucus_Fa_ i ?.7 Ac. HOEN TY-;=�:== R[ ut( �t toN f. b rr r "COMMMIGIA { ,y 14nitY 0.11 All, , I , 1 r 18.rAc.Uri - L bR LICIT MFG .5 Ac. . ' .. 41 c S IM 161 HIGH DENSLY Pc `\ - - J 1 RF.1GiIWII G LSERI•IPF1*8 Ac , o I Pj �a uiv`uoia_ —_� __-tti3iif3 .—_ -� rtaro Ihd C � 6 rr", AL. I EIMA FIVE 2 1111 ,I I,'!A r ',', ('(MI11001 i `i I UL)Y fill IA lit FIGURE 23 -.• r a � t, I 1 If A, vVISITY MEDI M 61"'A IT ; r ■ U 1, ACS- _r7mlm E T- IT'q ,,,,,NW AFSEA -�-' - A -J/ ACA f � A n A n K II Ij, 11 — -- — ( • 11.4 A c • �.6 4 42. UA •C tNI0N I Off ICF/scnVlcL' DENSI /C R • _ _ � CCM CRY WrCpMMECIAL . c �/ I GH • _ _ DENS[ 1 OFFICE - 51.1jAc 4.4 Ac. ENS�T,I 1 OFFICE/wIISE 011 LIGHT MFG5.6 Ac 4.7 Ac. I � tSFFICE'i n HIGH DENSIV Pc J R LIGH PflF 1110 - - FFICE/SE�iV1OE W AP 8 Ac � 8 Ac —> :, I � � , �^• �^I anal � , �r � -�1 � �` , t �� 1100 � � rpl f � , , _—MONTNSpNO - ._ IV - \ •\ ._ - --- - ---- --• `---�earWAv •""'��'_.+„_'-�-�-:: - rt,• .vim ALTERNA I IVE 1 HIGHWAY riri (;O1{lill)E)12 ir(JDY City Or MINI', I A 111 1GI 11", pl! N ;'-?no u1n FIGURE 22 ` It is recommended two sources: xaeroamonta and Tan Increment Financing. IIF could cov r the installation unyio from Transport Drive to the north aide of the rail tracks, nm| :smonp/m`o\n cover U`c remaining costs. The table below martzes the proposed [ondtoX for storm sewer, sanitary sewer and wate main, assuming combined construction of the two projects. | PARTICIPANT ACR ITEMAMOUNT Private |.oxJovxrry 97 acres Storm Sewer $ 87^840 Mn/DOT (From PoxJ N of 55) Mn/DOT(into Lake Lel+ny) TIF for CpmrLrry Private Land Owners Tmx lncrcmeoL Financing T0TAL PROJECT COST CunirtbotinQ Storm Sewer . 56^525 Flow 1.2 acres Storm Sewer 10,860 32 acres Storm Sewer 38,975 Storm Sewer $184,300 Sewer & Water 104,600 Sewer & Water 127,000 Sewer Q Water $231p600 On the basis for the request for storm sewer utilities to serve tle Lake LeMay area, it. iS possible and feasible to do so using the method shown in the atLached drawings. Staff recommends the construction of the stcrm sewer system and Lhe construction of sanitary sewer and water utilitiec as ACTION RI-IJUIREI): If Council concuts with staff's recommendation, Council should pas3 a motion adopttng Resolution No. 86— , RESOLUTION ACCEPTING ENGINEER'3 REPORT ANI)CALLJNG FOR HEIARING ON PROPOSED SANITARY SEWER, WATERMAIN AN) STORM SEWI,"R TO SEIRVE LAKE LEMAY. AND ADJACENT AREAS (IMPROVEMENT NO. 86p PROJECT NO. 4) City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 89 - RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT F STORM SEWER, SANITARY SEWER, AND WATERMAIN TO SERVE THE HIGHWAY 55 AREA (IMPROVEMENT NO. 85, PROJECT NO. 6) WHEREAS, the City Engineer prepared a feasibility 1986 for proposed sanitary sewer, storm sewer and wate to serve the Highway 55/Lake Lemay area; and WHEREAS, it was determined that the project should delayed; and WHEREAS, Highway 55 upgrading and development activity requiring utility service is impending; NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, that the City Engineer be and is hereby authorized and directed to pre are an updated feasibility study as to whether said proposed improvements are feasible, whether said improvements should best be made as proposed or in connection with some other improvement, and as to the estimated cost of said improvement. Adopted by the City Council of the City of Mendota Heigh this Seventh day of February, 1989. By ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Mayor E. Mertensotto MEMO CITY OF MENDOTA=HEIGHTS February 3,1 To: Mayor and City Council From: Kevin Frazell, City Administrator Re: CASE NO. 88-47, U.S. West, Conditional Use Permit, and Wetlands Permit, Continued Public Hearing, 8:15 p.m. At the meeting of January 21, 1989, Council continued it; discussion�of the U.S. West CUP for a fiber optics utili- building located near the pond in the Centex development Council continued to oppose the proposed location, but directed staff to work with U.S. West to determine whethi location in the future park near Huber/Mendota Heights R+ might be an alternative of benefit to both U.S. West and City. The public hearing was continued to this evening. The problem, of course, is that the area in question is at this time a public park. In fact, it has never been finally determined that the City would accept this parkl although it seems highly likely that we will, either as neighborhood park or as park of a larger community park. Centex Corporation does not own the land either, but apparently has an option when the City has approved a fi development plan. E 1I a the Ken Dahlman of U.S. West will be present with an architectural rendering of the building they would propo e. We will then need to decide whether to refer this issue to the Parks Commission, or to one of the subcommittees of he Citizen's Parks Review Committee for their input. I thi k one very real issue is whether we will be able to move quickly enough on this issue to meet the time needs of U.S. West. ACTION REQUIRED To discuss the proposal further with Mr. Dahlman, and decide how (and whether) to proceed. Since Council will not be in a position to take action approving the CUP or wetlands permit this evening, the public hearing will need to be continued once again to a subsequent meeting. CITY OF MENDOTA HEIGHTS MEMO January 30, 989 TO: Mayor, City Council, City i ator FROM: Kathleen M. Swanson City Clerk SUBJECT: Planned Unit Development Ordinance Amendment INFORMATION At the January 17th meeting, Council directed that staff schedule a public hearing on February 7th for consideration of a proposed amendment to the Zoning Ordinance. The proposed amendment, which would require 4/5ths affirmative action by Council for approval of all Planned Unit Development applications, is attached. ACTION REQUIRED Council should conduct the public hearing, schedul d for 8:30 P.M., and consider public comments. If, after hea ing public comments, Council chooses to implement the 4/5th3 vote requirement, it should pass a motion to adopt Ordinance No. 262, "AN ORDINANCE AMENDING ORDINANCE NO. 401." CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 262 AN ORDINANCE AMENDING ORDINANCE NO. 401 The City Council of the City of Mendota Heights, Minnesota, ordains as follows: Section 1. Ordinance No. 401 known and referred t as the "Mendota Heights Zoning Ordinance" is hereby amende in the following respect: A. A new Section 5.6(2)b shall be added to Sectio 5.6 of Ordinance No. 401 and said Section shall read as fol Iows: 5.6(2)b Application for Conditional Use Permit for Planned Unit Development - The City Council may, by an affirmative vote of four-fifths (4/5) of all members thereof, approve a conditional use permit for planned unit development. B. Section 19.7(3)a is hereby amended in its entis#ety so that as amended it shall read as follows: 19.7(3)a Upon approval of the Preliminary Development Plan by an affirmative vote of for - fifths (4/5) of all members thereof, the Coun it shall grant the conditional use permit. Section 2. This Ordinance shall be in full force nd effect from and after its publication according to law. Enacted and ordained into an Ordinance this 7th day of February, 1989. 0/ ATTEST: Kathleen M. Swanson City Clerk CITY OF MENDOTA HEIGHT: Charles E. Mertens Mayor • i MEMO i � 1 - Date: February 1, 1989 TO: Mayor, City Council, and Cit 1 rator # , i - FROM: James E. Danielson, City Engineer SUBJECT: Street Lighting DISCUSSION• ' The issue of street lighting was discussed by the Y `' Council last November and December when Centex Homes ; requested that street lights be installed within their ;._. development. Council delayed action on Centex 's request at that time, and directed staff to prepare a street light policy statement for their consideration. Staff has prepared the following street light policy statement for Counci Review: STREET LIGHTING POLICY SYSTEM: COMMERCIAL STREET LIGHTS: Street lights will be installed in all newly developing commercial areas and in any established areas upon receipt of a petition from the landowners or as directed by the City Council. The po e.and fixture design will be as follows: Luminaire= Sterner Executive 25 w/400 Watt HPS li ht Pole= 30 foot high square tapered metal pole THOROUGHFARE LIGHTS: Thoroughfare street lights will be installed along thoroughfare streets at all appropriat intersections. Thoroughfare streets are defined as all State Trunk Highways, County Roads and City MSA Streets. Pole and fixture design will be as follows: (to be determined). A schedule for converting the City to the new pole and fixtures design will be established. i RESIDENTIAL LIGHTS: Residential street lights will be allowed within the neighborhoods when petitioned for b the neighborhood. Lights will not be installed on a petition ` from a developer. Pole and fixture design will be as ' follows: (to be determined). Public hearings will be held i to inform affected residents as required by Chapter 42 the public improvement process. After the City receives a + .; petition the City Engineer prepares a feasibility report! -a addressing the technical feasibility and costs and then a i public hearing is held. e F ,• t ' ,w t K � t' FUNDING• ; COMMERCIAL STREET LIGHTS: Commercial street lig s will be installed by the City and costs for the constructioi will be assessed to all properties abutting the street ligh s based on an area and frontage calculation. Costs for he operation and maintenance will be by,a tax levy within the commercial lighting district. } THOROUGHFARE LIGHTS: City Standard thoroughfare Lights will be installed at all appropriate intersections witi all costs for the construction, operation and maintenance o be funded by the City's general fund. A plan for installation will be included in the C tx's five-year capital improvements budget. Actual installation will be subject to annual budget appropriations by the City Council. Alternative: To expedite installation of thoroughfare lights, Council might consider submitting the question to voters as a bond referendum. There are approximately 90 street intersection locations along thoroughfares that either have existing NSP lights, to be replaced with the City designed lights, or have no lights and need to be lit At approximately $3000/light an off the cuff estimate of otal costs would be $300K. NEIGHBORHOOD LIGHTS: Construction costs for street lights within a neighborhood will be assessed to the benefitting neighborhood equally to each single family unit or by front footage. If assessments would be by each Eingle family unit, non -single family sites, ie, churches, would have to be converted to equivalent single family units. Operation and maintenance costs will be billed equally to each single family unit quarterly on their utility bil s. ACTION REQUIRED: Review the above proposed street light policy and staff direction on any changes desired. A resolution incorporating the preferred policies will then be draft submitted to Council for adoption at a future meeting. time allows, the committee of staff, Mayor Mertensotto Councilmember Hartmann will present a recommended light) standard. ive d and As r, l f+y CITY OF MENDOTA HEIGHTS MEMO January 20, 1989 TO: Mayor, City Council and City i st r FROM: Klayton H. Eckles Civil Engineer SUBJECT: Sewers, Water; Streets Val's Addition Public Hearing Job No. 8815 Improvement No. 88, Project No. DISCUSSION: Art Kuross and Valdis Mickelsons have a subdivision that is bein developed (Val's Addition). As part of the original plan an outlot w be set aside so that the Ophoven/Paster property could gain access (s attached site plan) . It was intended that the outlot be assessed fo cost of serving the Ophoven/Paster lot with utilities. to the Mr. Kuross and Mr. Mickelsons have signed a petition of waiver o hearing but Mr. Kuross and Mr. Paster have been unable to come to an agreement on a fair price for the outlot. Therefore, Mr. Kuross has igreed to split all assessment costs among the developoment lots, and leave Ar. Paster out of it. Staff views it as prudent to hold a public hearing with all invo ved parties attending to ensure everyone is in agreement on who should be assessed and served. RECOMMENDATION: Staff recommends that a public hearing be held on February 21, 1p89. ACTION REQUIRED: If Council concurs with the staff recommendation they should pas motion adopting Resolution No. 89-_, RESOLUTION CALLING FOR HEARING PROPOSED SANITARY SEWER, WATER, STORM SEWER AND STREET IMPROVEMENTS Z VAL'S ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT NO. 4) a ON SERVE City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 89 - RESOLUTION CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER, AND STREET IMPROVE- MENTS TO SERVE VAL'S ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT NO. 4) WHEREAS, the City Engineer has submitted his report to the City Coi with respect to the proposed construction of the following improver to serve Val's Addition and ajacent areas, to -wit: it is The construction of an extension to the City's sanitary sewer system, including appurtenances and incidentals thereto, and t e acquisition of -easements, and the reconstruction where necessary of streets and easementsin the areas hereinafter more particul rly described. The construction of a storm sewer system including appurtenanc s and incidentals thereto and the acquisition of easements, in a d for the area hereinafter more particularly described. The construction of an extension to the City's ,water distribution system including appurtenances and incidentals thereto, and th acqui- sition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particularly descri ed. The construction of street improvements consisting of the acqu si- tion of easements and the grading, stabilization, drainage and bitumi- nous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the area hereinafter more particularly described. WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minn sots, and is more particularly described as follows: Lot 4, Snelling View and the plat known as Val's Addition WHEREAS, in said report said City Engineer reported that the propos improvements and construction thereof were feasible and desirable ai further reported on the proposed costs of said improvements. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That the report of said City Engineer be and is hereby re- ceived. 2. That a public hearing on said improvements be held on Tuesd y, February 21, 1989 at 8:00 o'clock P.M. at the Mendota Heights C ty Hall 1101 Victoria Curve in the City of Mendota Heights. 3. That the City Clerk, with the aid and assistance of the Cit Attorney, be and is hereby authorized and directed to prepare a notice of said hearing and to cause said notice to be published and mailed to the owners of the property situated within said area, all in ac ordanc with applicable'Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this 7th of February 1989. ATTEST: Kathleen M. Swanson City Clerk 11 CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, OPHOVEN Block I Lot I Zoo Zh Lot 2 HE%MAjs uL� MENpOiA . r . - KINGSLEY — ' ESTATES POND ` l 0 J g H 0 Lot I 61 5 81 7 2 I 3 \ Block 2 4 Lot 3 ' ----1 r------- ' +0--ORCH, RD,:ROAD W i i i v' HE%MAjs uL� MENpOiA . r . - KINGSLEY — ' ESTATES POND ` l 0 J g H 0 Lot I 61 5 81 7 2 I 3 \ Block 2 4 Lot 3 ' ----1 r------- ' +0--ORCH, RD,:ROAD W i i i CITY OF MENDOTA HEIGHTS MEMO January 20, 1 TO: Mayor, City Council and City"ilator FROM: Klayton H. Eckles Civil Engineer SUBJECT: Upgrade of Simard and Miriam Streets Feasibility Add-on to North Ivy Hills 2nd Addition Job No. 8220, Improvement No. 88, Project No. 6 INTRODUCTION: When the North Ivy Hills 2nd Addition feasibility report wa at the January 17th Council meeting, Council directed staff to e. possiblity of improving Simard and Miriam streets by adding curb and directed staff to include this area as part of the February hearing. This memo will discuss the costs and implications of a Simard -Miriam upgrading to the North Ivy Hills 2nd Addition cons project. DISCUSSION: Simard and Miriam are 30 feet wide bituminous streets that and gutter. In 1977 a City project was completed that included of both streets. At that time the residents were presented with including curb and gutter in the project at a cost of $4.00 per which they rejected. Property owners in the area completed payi. street assessments in 1987. An examination of the current condi streets suggests that they have a number of years of life left i. compared to other streets around the City. Currently there are maintenance expenditures necessary for these streets. In order to add curb and gutter to these streets a bituminol and significant yard reconstruction would be necessary (similar northend project). The estimated cost to complete such a projec junction with the North Ivy Hills 2nd Addition project would be including engineering, overhead and contingencies, which is abou savings compared to the cost of the project standing on its own. FUNDING presented .mine the ind gutter Ist public ling the -uction ck curb e paving ption of ont foot, off the on of the them when excessive overlay the recent in con - 2,000 a 10% The source of funding for such a project must be decided bylthe Coun- cil. Assessments and/or infastructure replacement funds could b used. If all the costs were assessed to the adjoining property owr cost will be about $26.00 per front foot, or about $2,800 per hot lot. In the northend project property owners were assessed about front foot. For comparison,in West St. Paul homeowners are asses per front foot for street reconstruction or about 25-35% of the t reconstruction costs. rs the ehold or $11.00 per ed $20.00 Dical J -,,- ;;; :L Council will recall that we have an Infastructure ReplacemenZ Fund (current balance of $157,000.00), that is to help underwrite cost; associated with reconstruction projects. This would be the first use of that fund, so Council would need to determine a policy on the amount of City participa- tion. 168"1 OR There are a number of issues Council should address before tie public hearing is held. t 1. Is this a project that should be pursued even though th streets have up to 10 years of usable life left in them? t 2. Should infrastructure replacement funds be used r s uci a pro- ject? If so, a policy should be set now for Zdioand f iLure projects on how much and when Infastructure Replacement Funds should be used. ACTION REQUIRED: Council should decide if this project should be pursued furter. -If Council desires to pursue this project then Council should decide on'the proper funding mechanisms. I If Council decides to use infastructure replacement funds, set a policy of when and how this fund should be used in all fu If Council decides to go ahead with the project, staff will all affected property owners. Council should cases. out notices to I_ City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 89 - RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM SEWER, AND STREET IMPROVEMENTS TO SERVE NORTH IVY FALLS SECOND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT NO. 6) WHEREAS, the City Engineer has submitted his report to the City Col with respect to the proposed construction of the following improver to serve North Ivy Hills Second Addition and ajacent areas, to -wit c it nts The construction of an extension to the City's sanitary sewer system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the areas hereinafter more particularly described. The construction of a storm sewer system including appurtenant s and incidentals thereto and the acquisition of easements, in aid for the area hereinafter more particularly described. The construction of an extension to the City's water distribution system including appurtenances and incidentals thereto, and th acqui- sition of easements, and the reconstruction where necessary ofstreets and casements in the area hereinafter more particularly descri ed. The construction of street improvements consisting of the acquisi- tion of easements and the grading, stabilization, drainage and bitumi- nous surfacing, and the construction of concrete curbs and gutters on the streets to be situated in the area hereinafter more particularly described. WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minn sota, and is more particularly described as follows: North Ivy Hills Second Addition and the area abutting Miriam a Simard Streets. WHEREAS, in said report said City Engineer reported that the propos improvements and construction thereof were feasible and desirable a further reported on the proposed costs of said improvements. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That the report of said City Engineer be and is hereby re- ceived. V S 2. That a public hearing on said improvements be held on Tueday, February 21, 1989 at 7:45 o'clock P.M. at the Mendota Hei hts City Hall 1101 Victoria Curve in the City of Mendota Heig ts. 3. That the City Clerk, with the aid and assistance of the City Attorney, be and is hereby authorized and directed to pre are a notice of said hearing and to cause said notice to be p b- lished and mailed to the owners of the property situated within said area, all in accordance with applicable Minne ota Statutes. Adopted by the City Council of the City of Mendota Heights this 7 day of February, 1989. ATTEST: Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, or CITY OF MENDOTA HEIGHTS MEMO Feb TO: Mayor, City Council and City i(i' r or FROM: K1ayton H. Eckles Civil Engineer SUBJECT: Feasibility Report on Storm Sewer Morin Property & Adjacent Areas Job No. 8903 Improvement No. 89, Project No. 1 INTRODUCTION• Mr. Bob Morin has requested that the City complet the storm water problem that he has on his property. map shows the problem area. There is an existing storn no outlet that sits on his property. Mr. Morin's land land of his neighbors drains into the pond. In the pa or so, Mr. Morin has had to pump the pond dry many time severe basement flooding. Therefore he would like the install an outlet for this pond, which would eliminate his existing home and make it possible for him to deve for single family homes. Attached is a letter from Mr. regarding the history of the problem. DISCUSSION• The attached drawing shows the pond location, dra and the layout of two possible storm sewer routes. Bo and B will drain the pond for about $20,000, assuming project is coupled with the Colon project. The only d between routes A and B is that route A requires a pote expensive easement, and also won't drain the pond as 1 B. Route B is capable of draining the pond four feet route A, which is important given the water problems M in his basement. Thus route B is the preferred route of about $20,000, including engineering, overhead, and contingencies. There are three options available for funding thi which will be discussed, including: 1) Assess all costs to Morin. 2) Assess Morin for trunk costs then assess Morin and contributing properties for the remainder. 3) Assess Morin for trunk costs then use General Obli cover the excess. 2, 1989 a study of e attached pond with nd the 20 years to avoid ity to looding of p two lots Morin nage area, h routes A he Morin fference tially more w as route ower than rin has had ith a cost proj ect 1 other on to The first option, assess Morin, has some credence the largest benefactor and has requested the project. Morin requested the feasibility report because he felt properties are benefitting as well. The second option involves assessing Morin for Tr then dividinv the -remaining costs among all the benefi properties (i.e. all the properties in the drainage di including Morin)., This option uses the philosophy tha properties in the district are receiving some addition even though they've paid assessments in the past. Mor for hooking up to the existing system and for the cons the new one. So in effect, the other properties in th would be receiving a credit for assessments paid in pa (Imp. 75-8 and Imp. 79-3), because they wouldn't be p trunk assessment. since he is However, that other costs trict, all 1 benefit n would pay ruction of district t projects ging a If Morin's property were assessed for the trunk hookup at the same rate that other neighboring properties were assessed when these past projects were constructed (adjusted for inflation/ interest), his assessment would be $0.1516 per square foot. For his 39,010 square feet of previously unassessed property, this would result in a total trunk assessment to Morin of $q,914. The remaining $14,086 would have to be split amon properties in the drainage district. The result would additional $0.1138 per square foot for the 123,750 squ the drainage district. Thus Morin would be assessed a $5,917 for all his land in the drainage district (four roughly 52,000 square feet). The remaining 11 lots in drainave district would be assessed between $500 and $ depending on the size. The 3rd option is the use of General Obligation P cover portions of the construction costs. The reasonii this option is that the City should participate because omission of this storm sewer from past City projects L Of course the City has generally not used this reasonii past. A reasonable allocation would be the remainder after Morin's property is asssessed for trunk costs. i this is just an alternative to assessing the neighborii properties. The result would be that G.O. would pick The funding options are summarized below: OPTION 1: PARTICIPANT FUNDING TYPE FUNDING AMOUNT Morin Total Assessment $20,000 TOTAL $20,000 t all e an e feet in additional ots with ,800 ding to behind of the the area. in the the costs sically, $14,086. OPTION 2: PARTICIPANT Morin Morin Neighbor Lots OPTION 3: PARTICIPANT Morin city FUNDING TYPE Trunk Assessment Second Assessment Second Assessment TOTAL FUNDING TYPE Regular assessment General Obligation TOTAL FUNDING AMOUNT $5,914 $5,917 $8,169 $20,000 FUNDING AMOUNT $5,914 $14,086 $20,000 RECOMMENDATION• Staff recommends Council accept the Engineer's Rep recommends Council choose Option 1 as the best funding ACTION REQUIRED: If Council concurs with Staff's recommendation, Cc should pass a motion adopting Resoltuion No. 89- , RE ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON STORM SEWER IMPROVEMENTS TO SERVE 963 CHIPPEWA AVENUE A AREAS (IMPROVEMENT NO. 89, PROJECT NO. 1). and on. uncil SOLUTION PROPOSED KD ADJACENT City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 89 - RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARIN ON PROPOSED STORM SEWER IMPROVEMENTS TO SERVE 963 CHIPPEWA AVENUE AND ADJACENT AREAS (IMPROVEMENT NO. 89, PROJECT NO. 1) WHEREAS, the City Engineer has submitted his report to the City C uncil with respect to the proposed construction of the following improv ments to serve 963 Chippewa Avenue and ajacent areas, to -wit: The construction of a storm sewer system including appurtena ces and incidentals thereto and the acquisition of easements, in and for the area hereinafter more particularly described. WHEREAS, the area proposed to be assessed for said improvements i situated within the City of Mendota Heights in Dakota County, Mine- sota, and is more particularly described as follows: North of Miriam, south of Simard and west of Chippewa Avenue WHEREAS, in said report said City Engineer reported that the prop sed improvements and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That the report of said City Engineer be and is hereby ceived. 2. That a public hearing on said improvements be held on Tu March 7, 1989 at 7:45 o'clock P.M. at the Mendota Heights Ci Hall, 1101 Victoria Curve in the City of Mendota Heights. 3. That the City Clerk, with the aid and assistance of the City Attorney, be and is hereby authorized and directed to prepare a notice of said hearing and to cause said notice to be published and mailed to the owners of the property situated within said area, all in iccordance with applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this of February, 1989. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST: Kathleen M. Swanson, City Clerk 4 By Charles E. Mertensotto, day Robert A. Morin 963 Chippewa Ave. Mendota Heights, Mn. 55118 January116, 1989 City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 Attn: James E. Danielson Dear Jim: The City issued a building permit for my house to be in 1955• The building was completed in the fall. In 1958 Chippewa and Mariam streets were graded and p however the street grade was raised 12 feet. This hig made my lot lower than the paved street, and also the finished lot on Block 2. Water drained from the gutte street, down my gravel driveway and on top of my drai and into my basement. In 1963 when the sanitary sewer and water project was I installed a cement driveway and raised the street e driveway up to the top of the bituminous curb. This s water from the street draining onto my lot. During th sewer and water project, the Contractor filled-in Sim thus trapping the water on the Block 2 low area. This interrupted the normal drainage pattern in this area. Ed Kishel and told him to put in a culvert under Sim catch basin on Block 2 low area. He said there was no budget for this, when a storm sewer is installed in t would be the proper time for the installation of a ca In 1976 a feasibility hearing was held for Northeast ments #75 - Project #8. I talked to Ed Kishel again a Basin and he said nothing was set up in the budget fo reminded him about our conversation of 1963 and he sa not recall. ilt ved, er grade lowest in the field completed, d of the opped the sanitary rd Street, action I contacted rd or a hing in the e future, ch basin. rea Improve - out a catch this. I d he did When we have wet weather the water percolates through the ground from the low area on Block 2. I had a drAinn tile syst m installed below the foundation footing on�he outside of the bui ding in 1969, connected to my old septic tank system. I pump this w en needed. I have been pumping for a little over 25 years. I feeL an outlet for the wetland would correct a.large portion for the need of my future pumping. I also feel that there should have been some provision made to drain the water from Block 2 at the time the City had Simard filled-in. Please advise. Sincerely yours, Bye, 06 �Z � R. A. Morin MEMO CITY OF MENDOTA HEIGHTS February 3, To: Mayor and City Council From: Kevin Frazell, City Alr for Re: City Attorney Repor s on Adult Uses and Retail Hours of Operation 1988 Council has previously requested the City Attorney to provide an anlysis of the legal issues surrounding City regulation of adult uses and retail hours of operation in the community. Those analyses are attached for Council review and consideration. As can be seen by reading the memo, instituting either t pe of regulation will likely require a good deal of additio al background study and research, either by staff, the City Attorney's Office, or an independent consultant. Counci may will want to consider whether, in light of other priorit issues, these warrant the allocation of City funds and t me. ACTION REQUIRED To review and discuss the memos, then provide direction o staff and the City Attorney on whether to continue pursu'ng these issues. SHERMAN WINTHROP ROBERT R. WEINSTINE RICHARD A. NOEL ROGER D. CORDON STEVEN C.TOUREK STEPHEN J. SNYDER HART KULLER DAVID P. PEARSON THOMAS M. HART IV BARRON C. KNUTSON JOHN A. KNAPP STEPHEN B. YOUNG MICHELE D.VAILLANCOURT DAVID E MORAN, JR. DONALD J. BROWN JON J. HOGANSON SANDRAJ. MARTIN GARY W. SCHOKMILLER TODD B. URNESS SCOTT J. DONGOSKE PETER J. GLEEKEL ROBERT S. SOSKIN JEFFREY W. COOK WINTHROP & W E I N S T I N E ATTORNEYS AND COUNSELORS AT LAW 3200 MINNESOTA WORLD TRADE CENTER 30 EAST SEVENTH STREET SAINT PAUL, MINNESOTA 55101 TELEPHONE 16121 290-8400 Mr. Kevin Frazell City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 January 17, 1989 Re: Regulation of Sexually Oriented Business Dear Kevin: EDWARD J. DRENTTEL DANIEL C. ADAMS JEFFREY R. ANSEL JEFFREY N. SAUNDERS K LAURIE A. NOCKE WILLIAM F. MOHRMAN LLOYD W. GROOMS KENNETH D. 7IGRINO JULIE K. WILLIAMSON MARK T. JOHNSON BROOKS F. POLEY PATRICIA I, REDING JULIE W. SCHNELL TIMOTHY R. DUNCAN MICHELE M. DANIELSON JOSEPH C. NAUMAN DANIEL C. BECK ERIC J. NYSTROM BRIAN J. KLEIN KRISTIN L.PETERSON JOANNE L. MATZEN DANIEL P. OFSTEDAL TELECOPY16121292.9347 It is our understanding that the City Council has expressed a desire to provide for the regulation and control of sexually -oriented businesses; e.g. adult bookstores. The purpose of this letter is to provide a brief outline of a municipal ty's power to regulate such adult uses. This letter is not intended to be a legal memorandum on the above subject, but rather should be read as an introduction to the issues inherent ir this type of regulation. Any individual proposal would have to be evaluated sep rately on its own particular terms. Current Regulations: The regulation of adult business is addressed in the existing City Ordinances. Pursuant to Ordinance N acts and materials are defined as public nuisances and the owner which these acts occur is subject to monetary penalties ($5.00-500.0 imprisonment (5-90 days). Adult uses can be considered a nuisa general provision of Section 1 of the Ordinance if the thing, act, oc of property": 1.1 [Sjhall annoy, injure or endanger the safety, health, comf of the public; 1.2 [S)hall offend public decency; 1.4 [Sjhall in any way render the public insecure in life property." More specifically, Section 3 of Ordinance No. 901 labels as nuisa or obscene pictures, books, pamphlets; magazines and newspapers." ly minimally 901, various property on and possible e under the iation or use or response in use of "all indecent Mr. Kevin Frazell January 17, 1989 Page Two In addition, Ordinance 902 -defining and prohibiting disorderly cl might be invoked against adult uses. The more pertinent sectio Section 1.1 and 1.2, respectively, which prohibit acts "willfully disturbi of any family or neighborhood" or "[of] open and gross lewdness behaviour, or any act of public indecency". The Disorderly Conduct penalty provisions comparable to that found in the Nuisance Ordinance. )nduct - also ms would be ng [the] quiet or lascivious ordinance has By their terms, the above ordinances only allow the City to respond after the fact. That is, the ordinances do not truly regulate adult uses, but nerely permit the City to impose penalties against such uses should they create or permit the prohibited acts. Scope of Control: The regulation of sexually orientated bu inesses poses special problems the kind and degree of which are not encountered in the regulation of other retail commercial uses. Although obscenity can be prohibited, sexually explicit books, magazines, movies and dancing may fall within the scope of expressions protected under the state and federal constitutions, principally the First Amendment. As a result, while such uses can be regulated, the to al ordinances cannot act as a "prior restraint" on the activity. The purpose of t e ordinance(s) must be content -neutral; (i.e., it cannot be intended to eliminate or censor the speech or activity). Instead the aim of regulation must be to preserve the quality of urban life by avoiding the "secondary effects" associated with the regulated uses; e.g. preventing crime, protecting property values, avoiding neighborhool deterioration. Alternative Forms of Regulation: Generally, regulations take one of three forms: 1) a total ban; 2) license or permit requirements; or 3) special location restrictions. While each of these alternatives has its own distinct appeal and advantages, each likewise has inherent characteristics which makes it vulnerable to being struck down if improperly constructed. Total Ban: Any attempt by the City to ban sexually oriented businesses altogether will be highly susceptible to constitutional attack. Similar y, even if the prohibition is not expressed, the imposition of regulations which have the effect of excluding such uses may also be struck down. Permits & Licenses: Alternatively, the chief problem with ermitting and licensing regulation is the issue of prior restraint; i.e., effectively suppressing something before it occurs. To be upheld, licensing or permitting requirements must be shown to: "1) further the enforcement of legitimate location and distancing requirements; 2) the monitoring of adult uses in regard to their sec ndary effects; and 3) the insuring that adult uses do not violate criminal laws against prostitution, obscenity and the like." Further, any taxes or fees must be shown to be necessary to meet the administrative and enforcement costs of the regulatory scheme; excessive fees are likely to be struck down as constituting a prior restraint on the subject activity. Mr. Kevin Frazell January 17, 1989 Page Three Moreover, the licensing and permitting process must be governe( objective and definitive standards. An ordinance without standards employs generalized parameters (e.g., public health, safety and welfare) be Invalidated because of vagueness and it is always vulnerable to a cl it results in arbitrary or capricious actions when it is applied. Special Location Restrictions: The third alternative available to uses is regulating their locations. Although not immune from att, restrictions have repeatedly been upheld when reasonably drafted and is true both of restrictions which concentrate adult uses and those w adult uses by separating them from one another and/or from resident uses, e.g., parks, schools or churches. In general, to pass constituti location restrictions must satisfy three requirements: "I) the ordinance a substantial public purpose; 2) the ordinance must leave open reasonabl locations for communication of the type of expression regulated; ordinance must not be motivated primarily by the desire to suppress sex speech itself." Significantly, the controlling of the secondary effects 1 has been accepted as "a substantial public purpose." Equally importan the requirement that there must be a "reasonable basis" to believe that regulations support and advance the public purpose(s). Finally, th ordinance still must be drafted with sufficient detail and objectiv( standards to avoid claims of vagueness, arbitrariness, or over or unde either on its face or as applied. by narrow, )r one that is likely to allenge that :ontrol adult �k, location )plied. This ich disperse al or public mal muster, nust further s alternative and 3) the ally explicit f adult uses however is the adopted underlying terms and inclusiveness Presuming a decision is made to utilize locational restrictions, before the restrictions can be drafted, the City Council must decide whether the aim is to (1) concentrate the uses to a single area or (2) require the uses to be dispersed throughout the municipality. The choice is between asking one area to shoulder the brunt of the problems associated with the adult businesses or having all areas sharing equally in the City's accommodation of these uses. We pres me that the latter alternative would make more sense in a community like Mendota Heights. Now, by virtue of a recent U.S. Supreme Court case, the ex erience and findings of other cities can be relied upon in proving that a local ordinance furthers the substantial public purpose of controlling the secondary effects of adult usses. As such, a first step in the development of regulations to govern adult uses would be to evaluate the prior and current ordinances of other municipaliti s within the Twin Cities metropolitan area (e.g. Minneapolis and St. Paul) relative to their impact on the presence, location and effects of adult uses and their ability to withstand judicial scrutiny. Mr. Kevin Frazell January 17, 1989 Page Four If you have questions or wish us to provide legal authority f r the above, please do not hesitate to contact us. Sincerely yours, WINT & WEINSTINE Lloyd W.'j Grooms LWG:cab SHERMAN WINTHROP ROBERT R. WEINSTINE RICHARD A. HOEL ROGER D. GORDON STEVEN C. TOUREK STE PNEN J. SNYDER HART KULLER DAVID P. PEARSON THOMAS M. HART IV DARRON C. KNUTSON JOIN A. KNAPP STEPHEN B. YOUNG MICHELE D. VAILLANCOURT DAVID E. MORAN, JR. DONALD A BROWN JON J. HOGANSON SANDRA J. MARTIN GARY W. SCHOKMILLER TODD B. URNESS SCOTT J. DONGOSKE PETER J. GLEEKEL ROBERT S. SOSKIN JEFFREY W. COOK WINTHROP & W E I N S T IN E ATTORNEYS AND COUNSELORS AT LAW 3200 MINNESOTA WORLD TRADE CENTER 30 EAST SEVENTH STREET SAINT PAUL, MINNESOTA SSIOI TELEPHONE (6121 290-8400 Mr. Kevin Frazell City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 January 17, 1989 Re: Restricting of Business Hours of Operation Dear Kevin: The City Council recently questioned the validity restrictions o hours or days of operation in two specific circumstances. First, the whether it can place such' a limitation on a conditional use previo without any time restriction. The second case involves restrictir operation as a condition to approving a zoning application such as a development. In brief, this issue is unsettled and each case will particular facts involved. We believe, however, that reasonable regulE of operation will be upheld, under either the city's zoning authority or , power so long as the city (i) applies the restrictions consistently to al and (ii) bases the restrictions on actual evidence of adverse effects whi if the restrictions are not imposed. There are several principles which the Council can use deliberations. Statutory Provisions: Pursuant to Minn. Stat. § 462.359(1), a municipality: may by ordinance designate certain types of developments, inch unit development, and certain land development activities as co► under zoning regulations. Conditional uses may be approved by I body or other designated authority by a showing by the applic standards and criteria stated in the ordinance will be satisfied. and criteria shall include both general requirements for all conditio insofar as practicable, requirements specific to each designated cor EDWARD J. DRENTTEL DANIEL C. ADAMS JEFFREY R. ANSEL JEFFREY N. SAUNDERS LAURIE A. KNOCKE WILLIAM F. MOHRMAN LLOYD W. GROOMS KENNETH D. 7IGRINO JULIE K. WILLIAMSON MARK T. JOHNSON BROOKS F. POLEY PATRICIA 1. REDING JULIE W. SCHN ELL TIMOTHY R. DUNCAN MICHELE M. DANIELSON JOSEPH C. NAUMAN DANIEL C. BECK ERIC J. NYSTROM BRIAN J. KLEIN KRISTIN L. PETERSON JOANNE L.MATZEN DANIEL P,OFSTEDAL TELECOPY 16121292.9347 i a business' Council asked isly approved g a business planned unit turn on the tion of hours ;eneral police I similar uses ch will result guide its >ding planned iditional uses he governing nt that the he standards al uses, and �ditional use. Mr. Kevin Frazell January 17, 1989 Page Two While nothing in the above statutory provision expressly pr regulation of hours of operation, Minn. Stat. § 394.301, which governs specifically states that: des for the iunty zoning, [i1n connection• with ordering the issuance of a conditional use permit the designated approval authority may impose such additional restrictions or conditions as it deems necessary to protect the public interest, including but not limited to matters relating to appearance, lighting, hours of eration and performance characteristics. (emphasis added) One could argue that because the municipal zoning statute lacks the expressed language empowering counties to limit hours of operation that municipalities have no such right. However, a more reasonable argument is that the county language is meant to be merely illustrative and such a restriction is equally applicable in the context of muncipal -regulation. Potential Challenges to Time Limitations on a Zoning Applicant: An attempt to impose time restrictions on prospective land use , including a planned unit development, is vulunerable to attack• on two fronts. First, neighboring property owners may contend that the proposed use itself is impermis3ible and thus should not be approved, notwithstanding any restriction on the business' hours or days of operation. Admittedly, a municipality cannot attempt to leg timate a use prohibited by the terms of the zoning ordinance by imposing timing restrictions on the proposed land use. Nonetheless, presuming the proposed use is 1lowed within the underlying zoning district and the subject ordinance provides for conditional approval, a time restriction may be upheld as a proper exercise at the governing body's discretion. On a different front, a zoning applicant threatened with a time restriction is likely to claim that the limitation is improper because it goes to the details of the business itself and not the property's. uses, therefore falling outside thE scope of the muncipality's zoning authority. Admittedly, this argument has enjoyed some success. However, time restrictions have been upheld where the condition reasonable and appropriate to the promotion of the zoning purpose of public health, safety and welfare. Critical to such a finding is the C of actual evidence that the proposed uses would have certain advert increased crime, traffic or noise, which will be negated or dec proposed time limitation. As an additional part of this threshold determination of rear courts are likely to consider- whether the same or similar uses elsewhere without such restrictions. To avoid claims of arbitrari treatment, uses within specific zoning districts and uses creating cot should be treated similarly. s found to be )rotecting the incills receipt effects, e.g. rased by the ableness, the -e permitted or unequal rable effects w Mr. Kevin Frazell January 17, 1989 Page Three tial Challenges to Time Limitations on_Existin Existing businesses may continue to operate under their previous zoning approvals as a matter of right, presuming the use has satisfied and continues to comply with its requisite conditions. As an alternative means to create time restrictions, a municipality may use its general police power to regulate business' general operations. However, as before, any such regulation must be shown to be (i) necessary given the existing circumstances and (ii) reasonably relat d to public health, safety and welfare if the regulation is to be upheld. It is difficult to specify what evidence needs to be gathered to support any city action restricting hours of operation. However, common sense may provide at least a guideline. For instance, an in house study by city staff, however thoroughly prepared, will not be as effective in court as a study by a respective independent consultant. Conclusion: Imposing restrictions on the hours or days of a business' op ration as a condition of zoning approval are not necessarily improper. However,- the condition may not be used to allow uses which are prohibited by existing zoning and may be placed on permitted uses only if they are consistently applied to similar uses and they reasonably relate to the regulation of factually substantiated averse effects created by the use. In addition, a municipality's zoning authority may not reach previously approved land uses, and therefore the municipality must employ its general police power, to regulate existing businesses. Once again, any such regulation must be reasonably based under the- particular circumstances. If you have questions or wish us to provide legal authority fo� the above, please do not hesitate to contact us. Sincerely yours, WINTHROP & VEINSTI E as M. Hart Lloyd , . Grooms LWG:cab s t R MEMO CITY OF MENDOTA HEIGHTS February 3,1 1989 To: Mayor and City Council From: Kevin Frd?]z6V Administrator Re: City Hall - Approval of Gutter Installation Approval or Architect and Contractor Payments GUTTERS Council is aware that the City Hall has some difficulty water near the front entrance. Water from the roof runs across the sidewalk, about two feet from the front door. originally had some problem with seepage into the baseme this area; however, sealing the block seemed to solve tr problem. Still, it would be advisable to avoid the wate runoff in this area. Our architects have suggested installation of gutters a best solution, and have drawn up the attached plan. Th have also solicited a quote of $820 from Mr. John Larso Richfield for installation. They feel this would be mu less expensive than adding gutters to the general contr ARCHITECT AND GENERAL CONTRACTOR PAYMENTS ith We t in the of t. Attached is a bill from Lindberg -Pierce, the payment of hich would bring us to within $3,500 of the total compensatio for the architects. Staff has been holding this bill for a couple of months, pending successful resolution of some f the difficulties with the building. Also attached is a payment request from Joseph Construction, the general contractor. As you can see, this bill also is quite dated, as it has been held by our architect pending completion of some additional work. The architect has also reduced the recommended payment amount. Joseph has take strong exception to the reductions, and has just today (Friday, Feb. 3) submitted an updated bill to the architects that they feel more accurately reflects the work that ha been completed. Staff is meeting with the architect and general contract r Monday morning to discuss the status of completing the project, and all of the requests for payments. We will prepared to make a recommendation Tuesday evening as to much of these bills we feel should be paid, versus how z should be retained to protect the City's interest in resolving any outstanding problems. ACTION REQUIRED To consider whether the gutter plan as presented is acceptable, and if so, authorize a purchase order to J Larson in the amount of $820 for installation. be how To consider staff recommendations (to be provided Tuesday evening) for payment of architect and general contractor bills, and to approve whatever amount Council deems appropriate. f •� _\ ti t (•-(.sir• t-fj"i r:+.C.i �M I�_� �_C.•n+� li � ,,XXjj ' 111 ver // I � /•' «_` 1 •--- ,tel 1 in I I ; _I I' - r-: - Cop �V� M f'�11{`'`•-j I I�"i q6L.�...•I�'I.Yf SIJ Cjr/,6-,I,gT 417E=t> ;AF"jt- i�- / �.� Q Lj F Lindberg Pierce, Inc. Architects Suite 1200 15 South Fifth Street Minneapolis, Minnesota 55402 James H. Lindberg (612) 332-3339 Robert L. Pierce G? November 8, 1988 City of Mendota Heights 750 South Plaza Drive Mendota Heights, MN 55120 Attention: Mr. Gene Lange STATEMENT FOR ARCHITECTURAL / ENGINEERING SERVICES Account: New City Hall LP Comm. No. 87-10 Total Fee To Date: (.07% x $1,518,955 Construction Cost) Earned Compensation to Date as per Agreement Previously Billed and Received Amount Due This Statement Thank you $10:6,326.00 102, 804. 00 ,075.00 $ 19,729.00 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT 0702 PAGE ONE OF 4 PAGES PROJECT: NEW CITY HALL BUILDING ARCHITECT: Lindberg Pierce, Inc. (name, address) Lexington and State Highway 110 Mendota Heights, M. ARCHITECT'S PROJECT NO: TO (Owner) City of Mendota Heights 750 South Plaza Drive Mendota Heights, Mn. 55120 CONTRACT FOR: New City Hall APPLICATION DATE: 12/6/88 APPLICATION NO: Thirteen (13) ATTN: PERIOD FROM: 11/1/88 TO 12/1/88 CHANGE ORDER SUMMARY Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G702A, is attached. Change Orders approved ADDITIONS $ DEDUCTIONS $ in previous months by Owner — TOTAL Subsequent Change Orders Number Approved (date) G-1 9,169.00 G-2,3,4 11,943.75 G-5 19,390.80 G-6 10,130.00 TOTALS Net change by Change Orders S + 32,295.55 State of: Minnesota County of: mower The undersigned Contractor certifies that the Work covered by this Appli- cation for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received from the Owner, arid, that the current payment shown herein is now due. Contractor: /J6sseoh Company By: no�= oi�=Ww= ri Or.,=1 Date: ]�L� s The present status of the account for this Contract is as follows: ORIGINAL CONTRACT SUM ......................$ 1,,054,000-00 Net change by Change Orders ...................$ 32,295.55 CONTRACT SUM TO DATE ........................ It 1, 086, 295.55 TOTAL COMPLETED & STORED (Column G on G702A) RETAINAGE .02 o/ - TO DATE .......... $ I ................... or as noted in Column I on G702A TOTAL EARNED LESS RETAINAGE .................. LESS PREVIOUS CERTIFICATES FOR PAYMENT ........$ 1, 007, 602.82 _3� 7 CURRENT PAYMENT DUE .........................$ Subscribed and sworn to before me this 6th day of December 19 88 Notary Public: My Commission expires: In acc6rdance with the &Wtract and this Application for Payment the Contractor is entitled to payment in the amount shown above. 0 OWINER Architect: 'Plme` 0 ARCHITECT 0 CONTRACTOR By: 0 ;4 0 This Certificate is not negotiable. It is payable only to the payee named herein and its issuance, payment and acceptance are without prejudice to any rights of the Owner or Contractor under their ContracL AIA DC NT 0712 * APPLICATION AND CERTIFICATE FOR PAYMENT * MARCH 1971 ON e AIAS 0 1971 * c AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHIN J. D. C. 20006 MMNDOTA HEIGHTS CITY HALL - - SCHEDULE OF VALUES CONTINUATION SHEET AIA DOCUMENT C702A PAGE 2 OF 4 PAGES AIA Document 6702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 13 CONTRACTOR'S signed Certification is attached In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE Previous This No. VALUE MATERIALS STORED TO DATE TO FINISH A 5 C Applications Application F G(D+E+F) % H(C—G) I D E 01000 General Conditions 55, 000. 54, 000.00 •1-i�66.�9 oa �`+; S �@@�- 02200 Earthwork 143,250-00 143,250.00 143,250.00 02411 Foundation DrainSyst: 2,000. 2,000.00 2,000.00 02513 Bituminous Paving 79,£300.00 19,806.00 19,806.00 02710 Vinyl coated fencing 11800. 1,800.00 1,800.00 02800 Landscaping 24, 000. 22, 000.00 —�rAA9.9A- �,Z, o -24•r99@:66 Amo 02900 Seeding 03300 Concrete & Reinf. 83,614.00 83,614.00 83,614.00 03430 Precast Concr. Plank 32,000.00 32,000.00 32,000.00 03450 Poured Gyp.Underlaymt 5,400. 5,400.00 5,400.00 04220 Unit Masonry 185,400. 185,400.00 185,400.00 04420 Cut Stone C5120 Structural Steel 38,200. 38,200.00 38,200.00 05500 Metal Fabrications 12,400.00 12,400.00 12,400.00 06150 Prefab Wd. Trusses 10,000.00 10,000.00 10,000.00 06151 Prefab Wd. Beams 81000.00 81000.00 8,000.00 06200 Carpentry 68,400.00 67,700.00 X69=66-- - ,-7,7 -68; 66:@6- 7bo 06400 Millwork 51, 000.00 49, 000.00 -X 00-.-G • / cn �r•� 81,988.99- l e c o 07100 Concrete Deck Coating 2,000.00- 2,000.00 2,000.00 .07150 Dampproofing 4,000.00 4,000.QO. 4,000.00 07200 Bldg. Insulation 6,000.00 6,OOO.bO 6,000.00 07300 Wd. Shingle Roofing 27,000.00 27,000.00 27,000.00 07640 Exterior Louvers _ 1,800.00 1,800.00 11800.00 07900 Caulking 1,600.00 1,600.00 1,600.00 08110 Stl. Frames & Doors 24,600.00 24,600.00 24,600.00 08120 Aluminum Door, side lite & Window Frmg. 17,000.00 17,000.00 17,000.00 08200 Wood Doors 6,000.00 6,000.00 6,000.00 08360 Overhead Garage Drs. 5,500.00 5,500.00 5,500.00 08450 Clg. Access Panel 450:00 450.00 450.00 08600 Clad Wood Windows 31,000.00 .31,000.00 31,000.00 SUB TOTAL OR TOTAL 867, 220.00 AIA DOCUA GMA • CONTINUATION SHEET • MARCH 1371 EDITION • AIAA • f t THE AMEBIC ISTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C 1 MENDOTA HEIGElI'3 CITY HALL — — SCHEDULE OF VALUES - ) ')NTINUATION SHEET AIA DOCUMENT C702A A Document 002, APPUCATION AND CERTIFICATE FOR PAYMENT, containing :)NTRACTOWS signed Certification is attached, tabulations below, amounts are stated to the nearest dollar. �e Column I on Contracts where variable retainage for line items may apply. PAGE a Or 2 FAGEs APPLICATION NUMBER: 13 ARCHITECT'S PROJECT NO: TEAR DESCRIrnoN OF WORK SCHEDULED WORK COMPLETED STORED TOTAL COMPLETED AND RALANCE RETAINAGE Frwrkxn TATs No. A i VAWE MATERLAU STORED TO DATE TO FINISH C Appliatiom Application F G(D♦E♦F) -M(C—G) I D E Brought Forward: 867,220. - .,700 Finish Hardware 61000. 5,500.00 500.00 6,000.00 3800 Glass and Glazing 1,480. 1,480.00 1,480.00 3250 Metal Frmg.&Gyp. Bd. 56,000. 56,000.00 56,000.00 ?330 Ceramic & Quarry Tile 14,000. 14,000.00 14,000.00 )500 Acoustical Ceilings 12,000.00 12,000.00 12,000.00 3510 Fab.cover Acoust.Pnls 3650 Resilient Flooring 21,000.00 17,000.00 -47 E)E)E) ao, De> 2+T6@8;@@- /000 )680 Carpet 3900 Finish Painting 24, 000.00 20,100.00 -3r999:6& gatF Dc> 24r999. -A9 / 40 3950 Vinyl Wall Cover. )100 Porcelain Markerboar 800.00 800.00 800.00 3120 Display Cases 5,200.00 5,200.00 5,200.00 )180 Toilet Partitions 2,400.00 2,400.00 2,400.00 )190 Precast Shwr.Receptrs 700.00 700.00 700.00 3230 Disappearing Stairs 400.00 400.00 400.00 3350 Flagpole 2,000.00 21000.00 2,000.00 3430 Cast letters & plaque4 500.00 -s@g; g@ --o — egg• 3440 Interior Plaque signs 11000.00 11000.00 11000.00 3450 Illuminated Ext -Sign 2,600.00 t 2,600.00 2,600.00 X500 Metal Lockers 6,000.00 6,000.00 0522 Fire Ext. & cabinets, 500.00 500.00 500.00 3800 Toilet Accessories 4,000.00 4,000.00 4,000.00 >900 Coat Racks 300.00 300.00 300.00 1380 Projection Screens 1,200.00 1,200.00 1,200.00 1830 Dishwasher 700.00 700.00 700.00 4200 Hydraulic Elevator ` i 24,000.00 23,500.00 23,500.00 500:00 SUB TOTAL OR TOTAL VIA 000.1"Off � • CD"MJArAM SMELT * MAWN "n WfftON ft AU0 • • • ," THX AME UCAN 11 n2 OF AzmnEGT; Tm NEW VOU AVE. KVA. WAWINGTOK 0. M 2M CONTINUATION SHEET AIA DOCUMENT G702A PAGE 4 OF 4 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: 13 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: AIA DOCUW 702A • CONTINUATION SHEET • MARCH 1971 EDITION • AIA® • m ' THE AMERIC, STITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 2l V9F9RI6 GOMPEETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH A B C Applications Application F G(D+E+F) %. H(C—GZ I D E Change order G-1 - 9,169.00 "`�� G g 9l Change order G-2 3,876.00 3,876.00 3,876.00 Change order G-3 512.00 512.00 512.00 Change order G-4 7,555.75 7,555.75 7,555.75 Change order G-5 19,390.80 19,390.80 19,390.80 Change order G-6 10,130.00 6,400.00 6,400.00 3,730. SUB TOTAL OR TOTAL 1,086 295.55 m37 Ss"� 0- l7Soa� Am 8 94S , 1/Z AIA DOCUW 702A • CONTINUATION SHEET • MARCH 1971 EDITION • AIA® • m ' THE AMERIC, STITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 2l MEMO CITY OF MENDOTA HEIGHTS February 3,1 To: Mayor and CityCouncil From: Kevin F�rolel� , �ty Administrator Re: Discussion of Airport Noise Issue Walter Rockenstein, Chair of the Metropolitan Aircraft Si Abatement Council (MASAC) will not be present at the Coui meeting on Tuesday evening. He does plan to be here on February 21st, and expects to meet with staff from Mendo- Heights and Eagan prior to that date. 1989 it At it's last meeting, Council requested the City Attorne 's office to prepare a memorandum concerning potential legs action by the City, or by individual homeowners, regardi g the problem of airport noise. That memorandum is attach d. ACTION REQUIRED To review the City Attorney's memorandum. Although no particular Council action is being sought on the issue t is evening, a thorough understanding of the legalities of tie airport noise issue will be useful in the future discuss'on with Mr. Rockenstein, the City of Eagan, and MASAC. Y S WINTHROP & WEINSTINE SHERMAN WINTHROP ATTORNEYS AND COUNSELORS AT LAW ROBERT R. WEINSTINE RICHARD A. HOEL ROGER D. GORDON 3200 MINNESOTA WORLD TRADE CENTER STEVEN C. TOUREK STEPHEN J. SNYDER HART KULLER 30 EAST SEVENTH STREET DAVID P. PEARSON THOMAS M. HART IV C.KNUTSON SAINT PAUL,MINNESOTA 55101 JOHN A. KNAPP JOHN A. STEPHEN B. YOUNG MICHELE 0.VAILLANCOUR7 TELEPHONE (612) 290-8400 DAVID E. MORAN, JR. DONALD J. BROWN JON J. HOGANSON SANDRA J. MARTIN GARY W. SCHOKMILLER TODD B. URNESS SCOTT J. February 2, 1989 GLEEKEDONGOSKE PETER J. GLEEKEL ROBERT S. SOSKIN JEFFREY W. COOK Mr. Kevin Frazell City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Mendota Heights/Eagan Airport Noise Corridor Dear Kevin: It is our understanding that due to citizen concerns, the Mendota HE Council is interested in the feasibility of bringing a legal action again traffic noise created by frequent deviations from the Mendota Heights/Eag, for the Minneapolis/St. Paul International Airport. To that end, you hav to prepare an information memorandum on the alternative approaches t' might pursue to alleviate this problem. This letter is submitted as our 1 analysis of the Council's options. SUMMARY In brief, there are two fronts in which the citizens of Mendota Heigh Council can move to have the airport corridor returned to its original al realign it in a manner equitable to both Mendota Heights and Eagan. Any citizen can bring a claim that the current operation of the airport generat adverse impact that the resident's property has effectively been 'It therefore the citizen is entitled to monetary damages. The Council individual citizens of this right and suggest that they press their clair private counsel with a goal of creating a critical mass of citizen suit impress upon the airport authorities that it is financially disadvantageous I its current practices. EDWARD J. DRENTTEL DANIEL C. ADAMS JEFFREY R. ANSEL JEFFREY N. SAUNDERS LAURIE A. KNOCKE WILLIAM F. MOHRMAN LLOYD W. GROOMS KENNETH D. 7IGRIIN0 JULIE K. WILLIAM SON MARK T. JOHNSON BROOKS F. POLEY PATRICIA I. REDING JULIE W. SCHNELL TIMOTHY R. DUNCAN MICHELE M. DANIELSON JOSEPH C. NAUMAN DANIEL C. BECK ERIC J. NYSTROM BRIAN J. KLEIN KRISTIN L. PETERSON JOANNE L. MATZEN DANIEL P.OFSTEDAL TELECOPY 16121292.9347 :fights City st the air n corridor asked us le Council ireliminary s and the ;nment or individual s such an ken" and an advise s through so as to I continue Second, the FAA appears to have violated its administrative rules goerning air traffic and aviation standards. New or revised air traffic control proced res which routinely route air traffic over noise sensitive areas at less then 3,000 feet above ground level and new instrument approach procedures and/or departure procedures which are conducted below 3,000 feet above ground level and which tend to increase noise over noise sensitive areas are subject to environmental assessmen and the preparation of an EIS or Finding of No Significant Impact. Based on the facts as we know them, these conditions have occurred and therefore requisite env ronmental review should have been conducted. Assuming that no such environmen al review has been performed, the Council could move to compel such action. Mr. Kevin Frazell February 2, 1989 Page Two The Council can make its case for environmental review on three the one hand, Council can continue to articulate its case at the ad[ forum of the Metropolitan Airport Sound Abatement Committee and ( request definitive answers to its questions on how and why the corridor cl� verify the answers given and to satisfy the Council that there is nothing it can also ask the questions as formal "freedom of information" reques, the best means of confirming what acts or actions have been conscious passively accepted and the reasoning behind those decisions. I evels. On iinistrative ontinue to 3nged. To eft unsaid, s. This is ( taken or Based on the gathered information, the Council can then reassess whether administrative violations have indeed occurred and, presuming they have, he Council will then be in a position to move for legal action to force the FAA and Metropolitan Airport Commission ("MAC") to comply with their own rules and regulations. particularily successful, litigation. These separate actions provide examples LEGAL AND ADMINISTRATIVE CHALLENGES Airport noise from the' operation of the Minneapolis/St. Paul 11ternational Airport is an historical problem. From the filing of a suit 18 years ago by a group of Minneapolis homeowners to an action filed last summer by E St. Paul neighborhood group (Highland), and subsequently continued by the City of St. Paul, noise from the airport has generated substantial, although not particularily successful, litigation. These separate actions provide examples of te different approaches others have used to attack the problem. I Legal: In the Minneapolis case, 100 homeowners originally brought a class action suit against MAC alleging that, under the laws of inverse condemnation a nuisance, they were entitled to compensation for the disruption caused by ailport noise. Because the courts have been reluctant to accept such cases as class actions, the original case has been reduced over time to one in which three ci:izens were required to individually prove a diminution in property value to recover against the airport. The Minnesota courts have recognized that landing and takeoff ap roaches t an airport which require aircraft to regularly fly at such low altitudes over residential property may effectively destroy the use and enjoyment of that property; and under such circumstances, the affected property owner should be entitled to some relief. However, the courts have stated that in balancing an airfort's utility against the inconvenience created to surrounding property owners, the public good derived from an airport outweighs the individual property owner's right . On this basis, the courts have rejected nuisance and trespass claims as inappropriate and have instead held that the proper remedy is for a property owner to Wing a claim that his property has been "taken" by inverse condemnation. However to succeed with such a claim, a property owner must show: (a) a direct and substakial invasion of his property rights such magnitude that he is deprived of practical ejoyment of Mr. Kevin Frazell February 2, 1989 Page Three the property; (b) the invasion of property rights are repeated and aggral reasonable probability they will continue in the future; and (d) a df measurable dimunition of the subject properties' market value substE evidence. just this week, a jury decided against the homeowners on a 1 airport noise did not reduce the market value of the residents' home (see 3ted; (c) a finite and itiated by nding that attached). In addition, there was a prior independent claim that a supersonic c rridor was negligently delineated over the Minneapolis/St. Paul area. However, because subsequent cases have upheld governmental entities' immunity against actions challenging their discretionary functions, this theory may lack any practical substance. In effect, an inverse condemnation claim is the principal meas property owners have for challenge airport noise. Importantly, such a claim does not terminate the offense but only provides monetary compensation for proven damages. As a result, the offending practice only changes if an individual case o collection of cases create such a large damage claim as to make it financially ill- dvisable to continue the offense. Administrative: The recent St. Paul case took a different approach against MAC an the FAA. In challenging the proposed addition of and testing for a new runway at the airport, the St. Paul challenges alleged that the FAA and MAC failed to complete the requisite environmental review of the proposed action. Effectively, the challenges were not an attack on the right of the airport to control its operations, but a procedural challenge to how an action was to be taken. However, the United States Court of Appeals for the District o Columbia recently rejected the specific claim that the FAA was required to prepare an environmental impact statement prior to authorize a six-month test to revise runway usage at the Minneapolis/St. Paul airport. In so doing, the court four d that the FAA had conducted an adequate environmental assessment and had the d scretion to decide not to do an envornmental impact statement. Our preliminary review suggest two differences between the St. Pau Mendota Heights' claims. First, it is unclear that the FAA con envornmental assessment prior to a change in the location and use of the corridor. Second, FAA rules require, rather than simply permit an en review when there is a change in certain control procedures or aviation Presuming these rules or other mandatory provisions can be found to be a this case, the Council could compel the FAA and MAC to comply with t review process. Nonetheless, forcing the airport entities to conduct th review will not necessarily eliminate the objectionable condition. I cases and lucted any air traffic ✓ironmental standards. )plicable in ie requisite necessary Mr. Kevin Frazell February 2, 1989 Page Four RECOMMENDED ACTIONS As noted, the claims of individual citizens may not rest with itself. In response to calls for relief, the Council's best action may inform citizens of their potential inverse condemnation claims and rec t e Council be to simply om mend that they seek private counsel if they wish to pursue the matter. None heless, as discussed above, and as specifically shown by the fortunes of the Minneapolis homeowners, this may be a difficult claim to sustain. Alternatively, the City could either seek a declaratory judgme t on the propriety of the current corridor and the procedures leading up to that elineation. However, given that these matters appear to be the subject of a current review by the Operations Committee of the Metropolitan Aircraft Sound Abatement Council ("MASAC"), there may be some question as to whether or not they has been exhaustion of administrative remedies. While the City may contend that they need not exhaust administrative remedies because they are futile, the fact thathere are on going discussions may make such claim difficult to sustain. We recommend that, in tandem with any legal action to be taked, the City should continue vigorously to pursue the administrative avenues currently open to it; specifically having the Committee complete its study* of the corridor delineation. Involvement on this front would be productive for three reasons. One, the Committee offers a potential means for causing a realignment of the corridor back to its alleged original position. Two, the forum is a source of the factual information necessary for preparing any subsequent legal or administrativ challenge. Three, the Committee discussion will be an opportunity for the City to develop a record of the matter. However, since addressing this issue through MASAC has proven to Le slow and frustrating, we suggest that our office initiate a request under state and federal "Freedom of Information Acts" in order to establish what happened arid when it happened with respect to the corridor. The appropriate authorities must respond to the critical questions w to us to have gone unanswered. In short, it is time for the airport autho on record as to the who, what, when, where, how and why of ti Heights/Eagan corridor. Specifically, who has jurisdiction to decide patterns and to control the operation of aircraft to confine their aper" the parameters of the corridor? Who established the "southerly bound directed or permitted the change in the corridor? What is the current st corridor and, what steps are being taken to maintain its integrity? Wl corridor change from its original position and when was the environments justify that change conducted? Where are the boundaries of the origin the "current corridor" and the future corridor boundaries based on th shift? How was the decision made to change the corridor and how is I being enforced? Why was the corridor changed and why was an en review not conducted prior to that action being taken? Why was ich appear -hies to go e Mendota the flight tion within ry"? Who tus of the ien did the I review to al corridor, magnetic he corridor vironmental a southerly Mr. Kevin Frazell February 2, 1989 Page Five boundary established, but not a northerly one? The above is simply an list of the questions which must be answered before the Council will armed to fight the inevitable battle with the airport authorities. Upon completing the review suggested above, the Council can alternatives and specifically determine whether the FAA or MAC has administrative regulations; and if so, whether the City wishes to compel through legal action. Sincerely yours, WINTHR P & WEINSTINE mas M. Hart LWG:cab illustrative ►e properly eassess its olated any ompliance, Jet noise hasn't.. hurt home value,-j'ury-- rules By Laurie Blake Staff Writer Airplane noise did not reduce the market value of three south Minne- apolis homes, a Hennepin County District Court jury decided Wednes- day. The verdict was a bitter disappoint- ment for the homeowners and their attorney, Richard Gunn, who have pursued the case for 18 years. "These• people are just ordinary citizens who fought their best fighf against an awe- some industry," Gunn said yester- day. The verdict frees the. Metropolitan Airports Commission, which oper- ates the airport, from liability for the effect of airplane noise on the homes, said Tom Anderson, staff attorney for the commission. He said the case has never had much to do with the broader public policy question of what to do about the noise problem. But, he said, the question of whether airplane noise damages the market value of homes has been unanswered for years, and the verdict answers it. Jurors said they sympathized with the homeowners. But to have issued a verdict in their favor, the law re- quired them to find that the home- owners' property had been "taken, destroyed or damaged for public use without just compensation." "Looking at it that way,.we said none of that happened," said a juror who declined to be identified. "Judge (Bruce) Stonc instructed us to make our decision based upon the constitutional law, the state law. We did that, but there was a consensus among us jurors that we didn't like the law. We personally did feel a sense of sorrow and grief for the homeowners because of the noise. That's a bad problem and they arc in a.bad situation," the juror said. An- other juror confirmed his report. Others declined to comment. Both jurors said the jury did not believe that the homeowners had proved that airplane noise had di- minishcd the market values of their homes. The homeowners had sued the Air- ports Commission to recover about $10,000 per home. The homeowners were Frank and Georgette Ario, 5640 11th Av, S.; Hcicn Wadc, 5625 13th A.v. S. and Carl and Gloria Frost, 5545 13th Av. S. They live west of Lake Nokomis near Minnchaha Pkwy., beneath the flight path of one of the airport's two busiest runways. . Frost said he wanted to win the case to make the Airports Commission more aware of homeowners' rights and encourage moving the airport to a, new location. "If they had to pay up, it might set a precedent for other property owners in the arca," Frost said. Wade declined to comment. The grios could not be reached for com- ment. Brad Gunn, an attorney who assisted his father, Richard Gunn, with the trial, said they probably will ask for a new trial because "the verdict indi- cates that there is not a serious noise problcm in that arca of the city and tlic one thing that everyone from both sides agreed on is that there is a serious noise problem in that arca." The greatest weight of the Airports Commission argument rested on an extensive $125,000 appraisal report that looked at property values from five points of comparison. It found no evidence that airplane noise had diminished the property values of the three homes. In closing arguments yesterday, Rich- ard Gunn told jurors that by produc- ing "tons and tons" of data in an expensive and technical defense, the Airports Commission tried to para- Iyzc and confuse jurors on the mar- ket value issue. kichard Gunn, who has handled the case without pay, asked jurors: "Is it really necessary to spend in excess of $100,000 to determine what three houses are worth? That's incredible." Michcal Berens, an attorney with the firm of Oppenheimer Wolff S Don- nclly, which represented the Airports Commission, argued in his closing statement that although appraisers for the homeowners testified that noise had caused $8,000 to 510,000 reductions in the market •values.of. the homes, the findings proved noth- ing because it was -such` a'. small amount of money that would•.be smaller yet, had the appraisals been adjusted for a.standard 54,000 mar- gin of error. . The real proof that market values have not been reduced by airplane noise lies in the fact that the demand for homes in the west Lake Nokomis. area is strong and demand is; what' Holds up prices, said Berens; .who galled "demand"' the -central -issue'of the case. Evidence presented. by ;the Airports Commission showed that•'the west' Nokomis area is tops in quick sale of homes and that it is stable, showing the lowest short-term turnover of any Minneapolis neighborhood, Berens said. "This is a high -demand area: No one disagrees." . The jury rcacucd the verdict in about three hours, and never made a trip to the homes to see- them or'• hear the airplane noise. Richard Gunn •with- drew his rcquest'to take them there; fearing that the'planes would not be operating under -peak noise condi- (ions when jurors might visit. The jurors did, however, see photos of the homes and hear a simulation of the 6oise played in the courtroom. While attorneys for the homeowners jvorkcd without pay, attorneys for the Airports Commission will .be paid about $100,000, according to Tom Anderson, staff attorney for the commission. j�1D%a,1me.nt�1Traportati0%_ �ederal Aviatlop�} ► dministration December 2, 1988 Chairman Walter Rockenstein Metropolitan Aircraft Sound Abatement Council 6040 28th Avenue South Minneapolis, Minnesota 55450 Dear Chariman Rockenstein: Airport Traffic ontrol Tower 6311 34th Avenue South Minneapolis, Min esota 55450 Re: Necessity of Environmental Assessment due to Magnet Shif t At the general meeting on October 25, 1988, I was asked to respond in writing to a question by Mr. Bernard Friel in which he asked whether a change in the magnetic shift would require an environmental assessment. As I stated that night in the meeting, it does not. According to Federal Aviation Administration Order number 1050.1 q, Appendix 3, paragraph 3.a., an environmental assessment and the preparation If an environ- mental impact statement or FONSI is required when the following ccurs: New or revised air traffic control procedures which routinel traffic over noise sensitive areas at less than 3,000 feet a level. Therefore, an environmental assessment is not required. A Air Traffic Manager, Minneapolisl� `VAirport Traffic Control.Tower�� route air ve ground CITY OF MENDOTA HEIGHTS MEMO February 2, 1989 TO: Mayor and City Council FROM: Kevin D. Frazell, C' Wf�pr ?-St7rator SUBJECT: Spring Team Bui ding Workshop with Commissions and Staff Mayor Mertensotto, Planning Commission Chair Jerry Morsoi Parks Commissioner John Huber and I met for lunch this pi Tuesday to discuss and plan the spring team building wor with the Council Commissions and City staff. We agreed we should continue with facilitator Don Salverda and tha, sessions should be held at the Marriott Hotel in Mendota Heights. You will recall that during the June, 1988 workshop, we talked about mutual role expectations for the Council, s Planning Commission and the Parks Commission. In review the report of that workshop, it seemed that one problem identified was a wide divergence in the expectations and roles for the two Commissions. The four of us that met Tuesday agreed that it would be logical to continue our building by spending some time focusing on this issue an trying to come to some concensus on roles and functions. Other issues that we might deal with are: - Communication links between the Council, Parks Commi and Planning Commission. - Review of development proposals by the commissions. at the ff, am - Use of commissions in identifying problem areas and is�ues in the City. - Having a "jam session", at which anyone can bring up issue that's on their mind. As I told you earlier, Consultant Don Salverda has set as the dates of Saturday, March 18 and Saturday March 25; th Marriott Hotel is also available on either of those dates Of the two, I would prefer March 25. Public Works Directs Jim Danielson cannot be present on the 18th, and because many of the identified issues concern planning, I believe would be very beneficial to have him present. de it P ACTION REQUIRED: 1. To indicate whether the Council wishes to continue wth Don Salverda as a facilitator. 2. Select a date for the workshop. 3. Suggest any other issues that ought to be added to day's agenda. KDF/ rmd H IAWATHA DRAWN BY: Kti JOB 8903 EF S I .y Y�l YeCi/I11ti�\tt%.YY6Yt%�YY•Yt%iiY•4,fe ,O\1;ik • • A. 4 ;, A.a A' A. 1 tio • Vuta•4.a•e..•.c9..•isa•.Va•VA49.31 044404Va•IP"9: Qert if irate .of )urtJep Surveyed For .......... Date Scale Sheet 1 of 2 PAUL R. McLAGAN & SON , —`j -_ Fr -,7/1 233 Dakota Avenue WEST ST. PAUL, MINN. 55118 Minnesota Registered Land Surveyors I Hereby Certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Peter Garretson September 30, 1988 1.....irtch = 40 feet 60' • Deoofes 3/4 " iron pipe eel No. X6099 • Depo%s item pipe Avnd 60' PAUL J. McCINLEY, R.L.S. 61.if M1NN EGISTRATION NO 6099 fa1'�6i y tab s4b�l 9000/ wy -r -* 74- U�s�a�.1o/' 9sn sk o ti M.ep, 8Z.ON 9006 e0 ti 'lb c+ O .yl ♦` `p 01 ern// 4'4d ,of "__ pops NJ 9ZoON 62 60/ Sen/e //c.4 = 4lO�ef MCKANNI 0 .25 60 /G2 Sco/e /eel Peter Garretson September 30, 1988 Sheet 2 of 2 Description Parcel A VI -S1 The west 150 feet of Lot 1, Block B, ROGERS LAKE ADD. according to the recorded plat thereof on file in the office of the County Recorder, Dakota County, Minnesota. Proposed Description of Parcel B. Sept. 30, 1988 That part of Lot 2, Block B, ROGERS LAKE ADD. according to the recorded plat thereof on file in the office of the County Recorder, Dakota County, Minnesota, which lies westerly of the following described line: commencing at the northwest corner of said Lot 2; thence N.89°34'36"E (Bearing assumed) 134.23 feet along the north line of said Lot 2,to the point of beginning of the line to be described; thence S.10°59 '04"W a distance of 112.01 feet to the south line of said Lot 2 and there terminating. Proposed Description of Parcel C. Sept. 30, 1988 That part of Lot 2, Block B, ROGERS LAKE ADD. according to the recorded plat thereof on file in the office of the County Recorder, Dakota County, Minnesota, which lies easterly of the following described line: commencing at the northwest corner of said Lot 2; thence N.89°34'36"E (Bearing assumed) 134.23 feet along the north line of said Lot 2,to the point of beginning of the line to be described; thence S.10°59'04"W a distance of 112.01 feet to the south line of said Lot 2 and there terminating. Subject to the right-of-way of T.H. No.149.