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1986-08-191. 2. 3. 4. 5. F� 7. 8. E1 � � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA AUGUST 19, 1986 - 7:30 P.M. Call to order. %�� Roll Call. Agenda Adoption. Approval of Minutes, July l. �D GL �� ''� Consent Calendar: a. Acknowledgement of Treasurer's July report. b. Acknowledgement of August 12 Special Planning Commission minutes. c. Approval of the List of Claims. d. Approval of the List of Licenses. e. Approval of a 3.2 Beer License for St. Peter's Church - Father Galtier Days.. End of Consent Calendar. Public Comments. Introductions. BID AWARDS AND HEARINGS: a. Seal Coat Bid Award. b. Clapp Thomssen ivy Hill 2nd Easement Vacation Hearing. 7:45 P.M. (Resolution No. 86-70). � c. Case No. 86-19, Mendakota Mall Development = Hayber Group (7:45 P.M.) (Resolution No. 86-71, Ordinance No�. 228, and Resolution No. 86-72). (Hearing continued from 8-5). Unfinished and New Business: a. Copperfield Phase II Developer's Contract. b. Case No. 86-26, Van, Application for Variance. c. NDC4 Payroll Agreement. ; CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA d. Purchase of 1-ton Street Truck. e. Underground Storage Tanks at Old Fire Station. f. City Administrator's Recommended Budget. g. Adjournment Motion and City Hall Tour. 69) . 10. Response to Council Comments. a. Report on Fence Permits. 11. Council Comments. 12. Adjourn. , . . :. �:otice to cit9 of :�iendota �'�eights: �re, the nei�hbors owning land adjacent to �cott and Jenny tlan, ha�re discussed the plans to lecate their house 30 feet frora � their �ast boundary and approve of thetr doing so. � � . ,, �— - r � � � 1�� . � �� . �� i � �� ,, .��=� � : � I� 1 i � m3 S � CITY OF MENDOTA HEIGHTS r�r�a August I9, i986 Mayor and City Council M: Mary Ann DeLaRasa Deputy Cl.erk JECT: Add-on Agenda for August 19 Mee�ing � There is a minor change in �the warding for Item 9c. NDC4 P g eement. Please review corrected copy. � 0 i e the Commission will be responsible for direct payments of � health�insurance, unemployment insurance and any other direct benefits. The City further understands that as a result of being on the City payroll, that worker's compensation insurance will be covered through the City - insurance and that the amount of insurance shall�be " billed by the City to the Commission annually. � • 3. Will hold the City harmless from,all liability and.claims du� its employees and the City agrees to act only as the agent of the Commission in the disbursement of salaries to the employees of the Commission. ,� 4. As compensation to the City, the Cpmmission agrees to pay� the City an annual fee of $25.00�representing the ` approximate annuaT cost to the City to process payroll checks. � � CITY OF PIENDOTA HEIGHTS City Administrator 0 NORTHERy DAKOTA COUNTY CABLE � COPnMUNIC!�TIONS COf9P1ISSI0N Chairperson � OF MENDOTA HEIGHTS URER'S REPORT, JULY, 1986 A COUNTY STATE BANK Checking Account Savings Account Savings Cert. 9-26-86 @ 7% Collateral - Bonds � Gov't. Guar. KEE STATE BANK C.D. due 8-6-86 @ 6.25% Savings Cert. 9-86 @ 7% BALANCE $55,695.54 414.16 25,000.00 $81,109.70 200,000.00 100,000.00 425,000.00 13,952.59 438,952.59 Collateral - Bonds 1,500,000.00 Gov't. Guar. 100,000.00 U. . TREASURY BILLS Due 9-4-86 $320,000 Dk. Co.319,824.38 'T. SECURITIES FUND �. Dakota Co. State Bank -9-86 700,000.00 150,000.00 $300, i TERAL )00.00 1,600,000.00 TOTAL FUNDS AVAILABLE; $1,689.886.67 i� � CITY OF MENDOTA HEIGHTS PLANNING COMMISSION MINUTES, AUGUST 12, 1986 The special meeting of the Mendota Heights Planning iission was caZZed to order by Chairman Morson at 6:31 The following members were present: Morson, Burke, �an, Henning. McMonigal and Krebsbach were absent. Al+ �ent was Public Works Director Danielson. I CASjE NO. 86-26, VAN Ay�s: 5 Na s: 0 Na Mr. Scott Van, the applicant was p explain the proposed variance to t Commission. He handed out a conto explained that'the City's sanitary main was about 14 feet deep in Hun and that his deep lot was too low center to construct a home that co served by a gravity sewer at the s setback, without massive fillinc�: also a drainage easement in the ce the lot that needs to be protected therefore requested a variance to home to be constructed 30 feet fro lot line, where the grade is highe gravity sewer connection can be accomplished. Commissioner Frank moved to grant foot rear yard setback variance. Commissioner Burke seconded the m o'clock Frank, to r map and sewer er Drive n the ld be andard There is ter of He llow his his rear and a e 35.7 on. It was noted that the applicant's site plan was not dated. The site plan, as ipproved, was dated August 12, 1986. MALL Chairman Morson had read in the new City Council action on the Mendakot proposal and expressed some similar After some discussion, it was deter concensus of the members that their recommending approval of the Mendak Comprehensive Plan Amendment, zonin and PUD, was��specifically and singu for Hayber Development only. There being no further business to 5 before the Commission, Frank moved, 0 by Burke, to adjourn the meeting at Page 1 paper of Mall concern. ined by a intent in ta Mall change, arly done ome seconded 6:56 P.M. 8/19/86 �Mou�vT LIST Dept 10-Admin 15-Engr 20-Police CHECK RE6I STER 30-Fire 4 0-CEO I/EAIDOR ____ ITEM D�SCRIPTION 11.55 ATLAS ALARMS __ ll.fi5 ____ATLAS AI.ARMS 1'1.70 ATLAS ALARMS 35. fl 0 ,/ ALARM RPRS ---- --- --_ ALARM RPRS __^_. _ ALARM RPRS 180.0 0 � $ANYON DATA SYSTEh13 � NET�IORK �Sc7 UP� 180.00 ✓ 68. � 0 CAPIT�L Sl1PPLY 68.00 ✓ 6ASKE7S _..-_-_--------- --�--•----------- - -.._-_.. _. _.. _.._ -- -- --- -------�_ _ _ _ 15.9� ftAY DAVIS & SONS TAGS 15.94 � -- g51.43 - ----� L MARK�TING ----------BALLOT CARCS �----- -- 851.43 .� --- 1�2.1 D GENERfiL COMM .�_-__. --- RADID RPRS ��---------- . 122.10 � 23.92 � �iARDI�ARE HANK 1D.50 iiARDi�ARE HANtC 23.90 , HARD�ARE HANK 58.42 � 5D4D0 I I M C Sfi.UO ✓ ~ 174.00 PAT KNI�H�' 174.00 � �IISC SPLYS MI SC SPLYS MISC SPL�fS UES RPRS/LABOR . Dept 50 Rd& Bridge 60-Utilities 70-Parks 80-Planning 90-Animal Contrc ACCOUNT N0. INU. �1-43'S-310-SC � Q1-4�35-310-i0 .'. 15-4��5-310-60�: i2-4E�i0-DIIO-00 15-4?05-D60-6fl F 01-4�D5-030-3G ] 01-4?00-640-12 ] ci=��3o� a CHECK RE�IST�R V�NDCR ITEM D�SCRiPTIO� 38.25 PRECISIOA 8US SYS 204.00 �RECISIOIti BUS SYS - ---� 8 7 . 2 5 * -� --- ----- - -- - ,__ 7._5 Q ----- PR aEK ---- ----- 4.QD PROEK 11.�0 *� ------9.0 0 P E R A � __.._. 18.OD P E R A 9. 0 Q �_P E R A __.�_ 36�D0 � HEAOS=7 PORTABLE/ADAPTER __ __ FILM DE1! ___ FIL�7 ^DEl! -- - - pU6 PREM AUG PR�M - -.---- -- -- A !J 6 _P R E M _ 140.00 SCIENCE I�USEUM RcGR FRAZ� ------ - - - -------- - - . _.----- - l 4D . 0 0 *.� - - --- --�-- ---- ---.r. ._ - ' 23.55 ST PAUL STAMP �iORKS STAMP 23 � 5 5 � •- - - __._ -----. -----_r. _____ 27�.84 27.84 .� 4.�b 7.4b 3.73 19.b4 5.00 3y73 47.12 .� AT & T I�FO SYSTEMS B&J A�iTO SPLY S&J AUTO SPLY S�J A UT 0 SP LY BB�J A17T0 SPLX B&J AiJTO SPLY B&.1 AUTO SPLY 20s696.S0 $D �1ATER COMMISSiflN 2 0 � 5 9 6. 5 0 - -� - -� — --- -- -- ---- 2�229.40 � BRAUN ENGINEERIN� 2 � 229.40 104.56 11.1T 115.73 � Al3G SVC PiISC PARTS MYSC PARTS MISC PARi'S MISC PARTS �]ISC PARTS MTSC PARTS SVC COAINS 85-4 SOIL TES T CITY MQTOR SUPPLY MISC SPLYS CITY MOTGR SUPPLY GAT�S 74�15 CONTEL CRE�IT CORP PYMT 5T -----��- -- �- �----- ------------ - ---�.._ _.._. __._._ .__ 118.b5 C�NT.EL CR�DIT iORP PYMT57 59.32 CONTEL CREDIT CDRP ?YMT 57 ACCOI.��iT �10. INU C7-4490-020-2D OZ-46fl0-020-20 ?1-4�C5l030-3C L�1-4�05-030-30 01-4131-020-2G C1-4'1 31-110-1 C �5-41�1-1_05-15'. �1-4400-1OD-lil Q1-449�-110-1a fll-42ifl-020-2G D1-4�05-050-50 Q1-4�05-050-50 C1-4�fl5-0?0-7D �1-433Q-440-2Q� �32-4330-�40-20 15-4 � � �- 060�6a__ �?5-4460-829-DO SD-�236-831-OG �i-a�05-o20-20 C'1-4 �L�S-OSU-�0 71-421D-02D-2D , ^ � �� 01-4�10-110-111 �5-42I0-105-15 , ' CHECK RE6ISTcR aUNT _�_ UENDaR ITEM DESCRIPTION 2�2.1 2 .� ---- 15.62 --_-C�PY EQUIP CO 15.62 ,� ' � � 635. � 0 313.b5 _ 1 s 242.II 0 �,1�0.65 � 2�.58 2.10 8.82 �.65 11.34 1. 08 5.25 2.31 58+73 .� 106.92 71 . 71 178. Q 3 .i 250.0 0 250.Q0 ,� 116.45 58.25 232.90 58.20 465.80 2.94 10.71 s.E2 72.39 5.25 40.11 ___ MISC SPLYS M ACCOU�T N0. INV. °5-4300_822�00 1 OAHLGRENSNfiRDL(3�1UBAN JUL RE GLflWA/TH14� 01-4220-135-8Q DAHLGR�NSHARDLflWUBAN JUL RE DT STUOY 01-4220-135-SG DAHL6REi�SHARDLONUBAN --- JI�L R�TAIiVER �-- --- • �i-4�21-135-8fi �^. - - � � --- -- - - - - � - - - DAfVIELSDN JAM�S t MI THRU 8112 _ __ Q�-4415-105-15 , DANIELSfli� ,)AP9ES E �II THftU 8�12 - 1�3-4415-000-flQ DAlVIFLSO(! JAMES E �II Tt�RU S>12 ' 18-441�-OOa-OD DAIVIEL.SU�S JAMES E MI THRU 3J12 51-43ii5-925-0� �DANIELSOlV JAMES E ��1I THRU 8/12 v 51-4415-925-00� DANIELSOi1 .iAME5 E Mi THRU 8/12 8G-441�-83i-fl0 DANI� LSfl1� JAM�'S E MIS THRU 8112 8�-441�-823-OD �DANIELSDl� .IAMES E ^ ^MI T!-iR17 �B%i2�� ~� �55-4415-8Z2-�i0 ICMA RC ICMA RC iDS LIFE INS C� $11 PArRtiLL 8/1 PAYR�LL AU� PREM KAR PRODUCTS INC._ ___ __ MISC PARTS __ KAR PRODUCTS �NC. MISC PARTS KAR PRODUCTS IlVC. MISC PARTS KAR PRODUCTS INC. MISC PARTS KNUTH TOM KNUTH TOM K�JUTH TOM KNUTN TOM Kt�UTH TOM 14.00 LEEF BRUS ING ` MI THRU 8/12 MI THRU B/12 MI THRU 8/12 MI THRU 8/72 MI_THRU S/12 JUL S�C �31-2L�72-000-DC �1-41�4-11Q-10� ei-2o�i2-o�o-oo __ _ D1-4�05-050-5G � Q1-4�Q5-070-7� � �1-4330-440-2G ' 15-4�Us-050-60 ' 51-4415-925-00 76-441�-t333-00 e2-�ais-8o7-�0 85-4415-829-00 95-441�-822-00_ 01-43?5-31D-50 � ��OU 14.DD 14.�0 42.�D .i 411.1� _. 953 » 0 t3 �473.40 l��.CIQ , 764.70 _ b3.30 � 729.8� 5�8,.30 � 139.85 4,268.55 ✓ 22.25 28..75 � 22.20 �9�. 4 5 CHECK R��ISTER L�EF 8i2ifS ZN� Lc�F 6P.OS INC ITEM DESCRIPTIO� Ji#L SiIG � __ ,f U L_ S V C -------,._...___..___---- MEDCEfVTERS HP AU� PREM �tEUC�NTE�S �3P__.�.__._.._ _.__ AUG PR�M __ MEDC�NiER� �!P AUr; PR�M MEDCENTERS HP At3� PREN# ME,DCFiVTERS Hg _..._�_ - - -- AL1G PREM ` NIEDCENTERS HP� AUs� PRcM�- P9EDCEiVTERS HP AU& PREA1 MEDC�l�TERS HP � _. _A11v PR�Ai�- N1EDC�NT�RS Nt� AUG� PREM M�tVD �675 RU�BISN JUL SVC MEND �iGTS RUBSISH "-__ .JUL S1lC _______.� MEND H6TS RU��aSH JUL SUC M£ND H6TG RUBB�SH JUL SUC 43,263.l10 � MEiRO 1�ASTt Ct3NTROL JU� SAC �HGS 62.40 62.�+0 3Q.2 0 30.1 0 3II.15 � 90.35 *� 56.21 80.69 113.40 239.50 lU1.DD 12.33 800. $ 8 *..� 144. � 0 .___._ 144.0 0 * / MID�i�ST SIf2EN S�RV AU6 MTCN � MID1iEST �i.2RE-ST�E1. � T GLOi�cS MIDNEST LiIRE-STEEL 6LOVES MIIIW�ST �IRc-ST�EL �LC3U�S MI NN 8EN4FIT MiN_N B�nEFIT MIt�N BENEFIT MiNN BENEFIT MINN 8EN£FIT MINN BENEFIT MINN BENEFIF ASSN AUG PRcM ASSN AIJG PREM ASSid AUG P+2EM ASSN AUG PREM ASSN AUF PREH ASSN AUG PREM ASSN AU6 P#�EM --_..._. __ .�...._. ___�___ . �IiNN TEA�STER-Lf9�320 AUG i�UES ACC�UNT N0. INU �1-�='S-31t1-i0 15-4�w5-31U-�0._ �1-2fl74-Otl0-OG� .__ Gi-4i31-D2�I-2C} _ 01-4?U1-�21-2G DI-41�1-�?4Q-4ti -- �1-�1�1-Q5D-�C' �31�-�4� 31-0?0-70� Q1-4I31-13fl-IO __. � 5-_41 ?1-105-15 . 15-�s I31-i�£,Q-btI D 1.-�t 28 a-310-5[I C'l�-42�0-39t7-7� � �1-�280-31�-3G, _15-4280-310-�,0, i5-444e-B�6Q-6p �7-433tI=000-i3G_. �31-43��-Q50-5D D1-4�b5-a?0-70 35-4�Q5=ti60-btl D2-2G74-ODO-t3� a �,±i� 4%�O�O-G � DI-4131-fl21-20y C1-4131-G70-70 01.-41�'2=210-IC 05-4131-105-15 i5-4132-c3�0-6D - -�---�1-2{I7�-€�II�-�G � MOUNT 23.25 23.25 *.� � 179.68 179.67 ----^ 38�+.80 -- 2?+96 119.48 _ _ Za.oa _ 28.�'1 0 34.fl7 179.08 � 237.64 28.U8 17..03 l i 444.27 * � 170.95 33.21 __ 286.82 56.98 547.96 *� 74�348.1'1 32r770.96 107�119.D7 �.i ---21'.90 -�--___. 8.40 12.00 42.90 *� 259.70 849.33 583.69 1�b92.72 � � CHECK RE6ISTcR u U E IV D U R _i_.. __. N�LSON RADIO COMF7 ITEM OESCRIPTION AUG MTCN NORTHERN ST PD1�ER Cfl ' AU6 SUC� NORTH�RN ST PDWER CO AUG S�IC �fORTHERN ST PaNER CO AUG SUC �NORTHERN ST P�OIJER CO AUG S1lC NOitTNERi11 ST Pfl��R CO AU6 SUC Ni�RTNERN ST P�3l�ER CO AUG SUC lUDRTH�.RN ST PDi�ER CO AU6 SVC NORTH�RN ST PflWER CO AU& SVC fVORTN�RN ST PGiJcR CO AU� SUC �N�RTH�RN ST Pi�1dER�CO ^+uAU& SiIC i110ftTH�ftN 5T P�1dEft CO AUv SUC A10RTH�RN ST P�kitR CD AUG SUC NORTH�iESTERid BELi. N�RTH�iESTERN SELL N�RTHIdEST�R i� BEi.L �iORiHldEST�RN BELL OR�Ei & SDNS INC OR�EI � SDNS INC OXY6=N� SERUIC� CO OXYGEN SERUICE CO OXYScN SERUICE CO au� svc AU6 Si�C AUG SUC AUG SUC ?YMT 1 85-2 ?1'MT 3 85-4 �7XYoEN CYLINDERS C1fLINDERS PINE BENC PAiJING INC �INc MIX PINE BENC PAIIING INC FINE MIX PINE $ENL PAVING INC ` �I�AR/FINE MIX ACCOl1NT N0. INU L'1-4330-4�0-20 G1-4211-310-5L 01-4211-310-�a 01-4211-315-30 ---- �1-4211-320-70 t�1-4211-420-St1 01-427 2-31 0-SQ �J1-4212-310-70 Q1-4e"1�-320-7� 35-42Ii-310-c0 -- LL^- i 5-42�1 i -400-b�D�. 15-421�-310-�Q 15-4212-400-60 m Oi-42�.0�-020-2ti 01-421U-Oi0-70 U1-4210-�1D-10 05-4210-105-15 76-44b0-833-OG 85-44ED-829-DO 01-4305-030-3G C�1-4�C5-030-30 C'1-4'�5-050-50 O1-�y22-050-50 01-442?-OSO-SG 01-442 �-050-50 2�14b.78 PUBLIC EMPL RET_ASSN 8/1 PpYRDLL__ D1-2C62-000-00 1��12.14 � PUBLIC E�!PL RET �ASSN 8/1 PAYR�LL � J � D1-41�4-020-20 558.75 PllBLIC E?!PL R�'T ASSN 8/1 PAYRCiLL 01-41:4-021-2fi MOUNT 8.17 - ---_ 4 8 . 2 0 180.29 98.75 , __ 149.20 _ 262.55 58.69 5�023.52 *� 9. 90 94.90 31.�30 -- ---1 3fi. T 0 * � 1�.99 12�9� 28.98 *� 12.25 12�25 24.50 *i 435.Q� _ 85�.00 100.OD 1,SOO.QO 3, 2 60. 7 3 1Dt�.QD 1 � 59�+. 8 5 7r07�.5$ 24�053.52 1r121.43 62.40 102.10 18�.00 44,198.�0 8.62 1�594•85 20.93 _.4�358_.82 2, 231 .08 8.82 53�485.10 � �� -23.18 ✓ CHECK RE&ISTER Pl3BLIC E#tPL RET ASSN _. PUBLIC E�IPL R�T ASSN _ PUB�IC EN�L RET ASSN PUBLIC E�SPL RET ASSN PUBLIC �t'PL RET ASSN _ PiIBLiC EMPL RET ASSNY PUBLIC ENPL RET ASSN ITEM_DESCRIPTI B/1 PQYRDLL 811 PAIfROLL ___ 8%1 PAYRflLL 8/1 PAYROLL 8/1 PAYR�LL __,_ 8�1 PAYRfl LL 8!1 P�YR�LL S&T ,��FICE PRt3DUCTS N� CLS? EA1US S&T fl��ICE PRDDUCTS MISC SPLYS S&T___O�FICE PR�DUCTS ______,MiSC__SPLYS STVYD�R DRUu STOR�S SNYDER DRUG ST�R�S SiJN N��iSPAPL#tS SUTd NE�ISFAPERS FILM �IL�'1 HRG NDT ROYAL �dKS HRG NDT HAYB�R HiNTHR{3P &1�EIldSTINE 2ND QTR RE t�H ASSOC �IINTHROP t�i�Ei{�STiM£ _2N� flTR R� C�NTR P7 1diNTHRDP &I�Ei(VSTINE 2�iD QTR Mc�dAKCTA WI�ITHROP &WEINSTIiVE 2ND �TR r2�TAINER iJiNTNRflP gLIEI(dSTIN� 2ND OTR PROS �IINTHR�flP F�i�EiNSTINc 2lVD fiTR RE l�ARIE LOT WINTHROP 8i/EIiVSTINE 2ND RE DARSCN FU FUN D FUND FUND FUN D FUND FUND O1 TOTAL GE�I�RAL �U�C 0� TOTAL �ENGR� �A1T�RPRISE 07 TOTAL CIUIL DEFcNS� 10 TDTAL SPECIAL PARK FUNO 12 TOTAL EQt1IPMENT CERTIFI�AT� 1`_ T07AL ScNcR UTILITY 18 TOTAL WATcKSH�D CI�TRICT FUND 29 TOTAL I86-7 CDPPcR�IELD 2 F17ND 51 TOTAL i79-3 MIRIA!!-HIAii DRA FUND 7b TOTAL_�_.___`_ I86-2UNIT METN S/JTR/ FUND 8C TOTAL I85-6LE MAY LAKE� � FUND 82 TOTAi. I82-78ISANZ F�AS STUD FUND 8� TOTAL I85-4COPPERFIELO TANO FUND 95 iOTAL i 384-4GDitLD YORKT�N ^ ��•449.65 � _ _TOTAL ACCOUNT AfO. INV 01-4134-030-30 _01-41_4-040�40 _ 41-41;4-050-50 01-41�4-070-70 _C1-41=4-'Ii0-70 05-41�4-105-15 15-41:4-Ob0-60 A Q1-43t70-110-10 L�1-43D0-b40-12 L�5-.4'00-105-15_ �1-43L5-02�-2�i a1_-43C5-�20-20 �i1-4240-D80-8U O1-4240-08Q-8D 01-4220-12D-80 Q1-422Di�20=80 _ ai-422Q-120-80 71-4221-120-'ft? �J1-4222-120-20 1�-42�D-120-00 29-4�20-838-OD , J t�artU�. cxEcxs _._ 11160_ ......_ . � 51.:$5 �N:�W.-Bell _..---_��._...._ __.__-.7u1ji-Svc -__---_._.__ III61 7.25 Mn Dept Pub2ic Saf ety Dupl ti�le f ee 11162 Void �' I11fi3 -_._.__.._. -�,�^ __..___.__._..-----_.._—_.. —_._ _.____.___. 11164 " i1165 5,008.79 PERA 7/1$ Payzoll 11166 � 94.56 DOER SS DIV ~� '� y� 8/1 Medicare II167 3,Q17.98 "` 8/1/ FICA 11I.68 5,110.21 Dakbta Cty St Bank 8J1 FIT 11169 �� 575. C10 "�� S/�1 Payroll �Dedcut 1I170 2,581.31 SCCU 8/1 " 11171 26,322.86 . ci�y M.�i. Payroll Acct Net Payroll I1172 2, 000. 00 U. S. Post 4ff ice -V-- --- --�-Ref zll Meter � � 44,769.81 ��l.� y� �W G.T. 246,219.46 �M� _�� Exciavat � LIST OF 1986 CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON AUGUST 19, 1986 Licenses Da er Landscaping Mi estern Mechanical Cha es and Sons Excavating Co solidated Plumbing and Heating Company, Inc. J.J. Charles and Sons Excavating Gas Piping Licenses r Co solidated Plumbing and Heating Company, Inc. Mi estern Mechanical Corporation al Contractor's Licenses Ste hen J. Kroiss Ha son Construction Ca inal Homebuilders, Inc. Haselman Construction McDonald Homes, Inc. K a d K Heating and Plumbing, Inc. Pro idence Builders Corporation Rya Construction Company of Minnesota, Ince La ence J. Scott Roofing and Siding Way e Barkley Construction Sin le Ply and Bur Construction Gre t Escapes, Inc. Sch 11 Builders, Inc. Edg wood Construction Bra g Enterprises, Inc. Urb n Heritage, Inc. Hea in and Air Conditioning Licenses Mid estern Mechanical Corporation Sea onal Control, Inc. Maslonry Licenses Asf ld Masonry Don Kimmes Masonry Fle'schhacker Construction Company Mar A. Lenz Company � TO: I C CITY OF MENDOTA HEIGHTS MEMO August 16, 1986 Mayor, City Council and City Administrator i: Kathleen M. Swanson, City Clerk SUB�'ECT: St. Peter's Beer License Request For the past several years, the Council has received and app oved a request from St. Peter's Church for the Annual� Father Gal ier Days for the issuance of a two day 3.2 on-sale beer lic nse. We have again received such a request, asking that a lic nse for Saturday and Sunday, September 13 and 14. Hours of the beer sale will be on Saturday from 6:00 P.M. until 1:�00 A.M., and on Sunday from 12:00 (noon) until 6:00 P.M. ` RE TION/ACTION REQUIRED Staff recommends that Council approve the request an the fee, as has been done in all past St. Peter's Church app ovals. If Council concurs, it should pass a motion t aut orize the issuance of a two-day, on-sale 3.2 malt bev lic nse to St. Peter's Church for September 13 and 14, ir, con'unction with the Annual Father Galtier Days, along wi of he license fee. KMS k kkh waive - icense rage h waiver TOi SIJE 0 CITY OF MENDOTA HEIGHTS y[�111i] Mayar, Ci ty Counci 1 and Ci ty i r��i��Eor . James E. Danielson Public Works Director DI$CUSSION: •:. •. . •. • :.1: August 14, 19 The City opened bids for the 1986 seal coat contract at 10:30 A ust 14, 1986. The following bids were received: � 8uffala Bituminous, Inc. Allied Blacktop Company Bituminous Raadways, Inc. Engineer's Estimate $39,9Q1.30 42,024.40 51,568.90 44,OOO.QO The low bidder, Buffalo Bituminous has not done work for Mendat He ghts before sa re�erences were calied. In making these cails, I le rned that Buffalo Bituminous also has South St. Paul's seal coat tr ct this year and that they have worked for many other municipali',t in the metro area. The several municipalities I talked to indicatec th t Buffalo Bituminous does satisfactory work. 1 RE�OMMENDATION: � Staff recommends that the 1986 seal coating contract be award Bu falo Bituminous, Inc.. ION REQUIRED: .M. con- ies to If Council desires to implement the staff recommendation they should pa s a maiian awarding the 1986 Seal Coating caniract to Buffalo Bi,tuminous, In . for their law bid of $39,901.30. i TO• Fro Sub DIS Whe in Eng uti req uti tha Cit con wer far The pla con pra to C w a CITY OF MENDOTA HEIGHTS MEMO Mayor, City Council, City James E. Danielson ect: Easement Vacation SION August 8, 1986 Adm 'i or j�� the Clapp - Thomssen ivy Hill 2nd Add. plat was appi 984, the Clapp's had been working with the City neering Staff to have the City install sewer.and wate ities to the four (4) new lots. As part of the easer ired for this construction, they platted a 15 foot w� ity easement along the front or west side of the lot: sewer and water service stubs could be,extended by t 's contractor closer to the buildings. The building truction was well underway before the City's utilitie started and the buildings were inadvertently constrt her west than planned and onto the utility easements, City made the necessary adjustments and did not use i ted easements on the lots. Because the lots are tructed on utility easements, it will cause title �lems in the future when the homes change hands. In c void those future problems, the present owners, requE . the easement be vacated now. TION use the utility easements located within the lot are� not used and are not needed for future City purpose: f recommends that the applicants request be granted < easements be vacated. � ON REQUIRED uct the required public hearing and then if Council es to implement the staff recommendation they should tion adopting Resolution 86 - Resolution approving tion of a Utility easement. ed r de so he rder st pass CITY OF i�IENDOTA HEIGHTS Nt3TICE QF HEARING 023 APPLICATION FOR EASEMENT VACATIQN TO WHOM iT MAX CONCERN: No�ice is hereby given that the City Counca.l. of the City of Mendo�a Heights will mee� at 7:45 o'clock P.M. on Tuesday, August 19, ].986, in the City Hall Council CFiambers at 750 South Plaza Drive, Mendota Fieiqhts, MN to consider a request from Nick & Myrle Voynovich, Dennis & Inez McNamara, Stephen & Genevieve Boldizar and Thomas Dalan for the vacation of a 15 foot wide utility ease�nent. That part of the follawing describeci parcel: The North 15 fee� of Z,ats l, 2, 3, and 4, Block l, Clapp-Thomssen Ivy Hill 2nd Addition, Dakota Coun�y, Ma.nnesata This notice is pursuant to City of Mendata Heigh�Gs Ordinance No. 302. Such persons as ciesire to be heard with reference to the proposed easement vacation will be heard at �.his meeting. KATHLEEN M. SWANSQN City Clerk � �. City of Mendota I�eights Dakota County, Minnesota RESOLUTION N0. 86- RESOLUTION APPROVING VACATION OF A UTILITY EASEMENT WHE EAS, Nick and Myrle Voynovich, Dennis and Inez McNamara, Stephen Genevieve Boldizar and Thomas Dolan is the current record owners of of t e property included within the plat of Clapp-Thomssen ivy Hill �I Dako a County, Minnesota; and , and Addition, WHE S, a petition has been duly presented to the City Council of tlie City of Mend ta Heights by the above property owners for the vacation of a 15 foot wide util'ty easement particularly described as follows: I The North 15 feet of Lots 1, 2, 3, and 4, Block 1, Clapp-Thomssen ivy Hill 2nd Addition, Dakota County, Minnesota � WHER AS, 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 saii vacation, all 'n accordance with the applic�ble Minnesota Statutes; and WHER S, a public hearing was held on said vacatiori on August 19, 1986, at 7:45 o'cl ck P.M., at the City Hall of the City of Mendota Heights; and I WHER S, the City Council then proceeded to hear all persons interested in said vaca ion and all persons were afforded an opportunity to present thei;r � iews and obje tions to the granting of said petition. � I NOW HEREFORE, IT IS HEREBY RESOLVEU by the City Council of the City'of Mendota Heig ts, Minnesota, as follows: I 1. That the vacation of the drainage easement described above,'situated in the City of Mendota Heights, is in the best interest of the publ�ic and the City, and is not detrimental to the health, safety and welfare if the community. 2. That the above described utility easement be and the same is�+hereby vacated. I 3. That the City Clerk be and is hereby authorized and directed+ to prepare and present to the proper Dakota County officials a notice of completion of these vacation proceedings, all in accordance with the applicablj Minnesota Statutes. Adop ed by the City Council of the City of Mendota Heights this 19th Augu t, 1986. ATTE$T: een M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Robert G. Lockwood, Mayor y of CERTIFICATE OF COMPLET�ON OF PROCEEDING FOR VACATION OF UTILITY EASEMENT The undersigned, Kathleen M. Swanson, City Clerk of the City of Mendota Heights, situated in Dakota Coun�y, Minnesata, hereby certifies that at a regular meeting of the Ci�.y Cauncil of the City of Mendota Heights duly called and held on the 19th day of August, 19$6, in the City Hall of �he City of Mendota Heights, at which a quorum was present, the following resolution was unanimously adopted, �a- wit: WHEREAS, Nick and Myrle Voyn.avich, Dennis and Inez McNamara, Stephen and Genevieve Baldizar and Thomas Do1an is the current recard owners of of the property included within the plat of Clapp-Thomssen ivy Hill 2nd Addition, Dakota Caunty, Minnesota; and WHEREAS, a petition has been duly presented to the City Council of the CiCy of Mendota I�Ieights by the above property owners for the vacation of a 15 foo� cride utility easement particularly described a� follows: The North 15 feet of Lots 1, 2, 3, and 4, Block l, Clapp-Thamssen ivy Hi11 2nd Addition, Dakota County, Minnesota WHEREAS, a notice of hearing on said vaca�ion has been duly published and posted more than two weeks beiore �he date scheduled far the hearing an said vacation, all in accordance with the applicable Minneso�a Statutes; and WHEREAS, a public hearing was held on said vacation on Augu�t 19, 19$6, a� 7:45 o'clack P.M., at the City Hall of the City of Mendota �Ieigh�s; and WHEREAS, the City Gauncil then proceeded to hear a11 persons interested in said vaca�ion and all persons were afforded an opportunity to present their-views and abjections to the granting af said petitian. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendo�a Heights, Minnesata, as follows: I. That the vacation of the drainage easement described above, situated in the City of Mendota Heights, is in the best interest of the public and. the City, and is not detrimental to the health, saf ety and welfare af the community. - 2. 2hat the above deseribed utiZity eas�men� be and the same is hereby vacated. 3. That the City Clerk be and is hereby autharized and directed to prepare and present to the praper Dakota County officials a notice of completion af these vacatian proceedings, aI1 in accordance with the applicable Minnesota Statutes. That in accordance with said resolution, said vacation proceedings have been campleted, Dated: August 20, 19$6 Kathleen M. Swanson, City Clerk Gity of Mendota Heights 0 2-12-8 City o Mendota Heights 750 So Plaza Dr. Mendot Heights, Mn. 55120 TO lVHO IT MAY CONCERN: We, the undersigned, as ov�rners of the townhouses located at 1083-89 Ivy Hi 1 Drive, request that tihe City of �Iendota iieightis vacaze the easeme t running through Lots 1-�., Block 1, Clapp-Thomssen I�vy Hill 2nd, accord'n to the recorded plat thereof on file and of record in the � office of the Dakota County Recorder. We understand that tiis easement was not actually used for the routing of utilities to our townhouses. , � ,� � -----�,- ! � � ' �I�c A /-��- . � NI NO C ,� ' . 11 ^/ ; � II !i� /7 L ! / ��G /� � il .1•^ /� �� l � �� / .�' � �. y '� i� - t'.ru DENNI MCNAMARI� n C'. L ll //I � 1�� i l ZNEZ CNAMA��A � 1 .� . ��- k-r-„ � � , �- ,, zti STEPH i� BOLDIZAR � ,,�., ,-�i �Tl , �--/�� / G� V EVE BOLDIZAR � ' �;� � THOP�A DOLAN 0 F" 4 5 �.�J �� :j : ;t Y � ~ � �--� � t� � � t`�. � ( V�: �,. A. ;�o r�, � Z- 1 Z.- v� �_:: � hereby certify that this sunrey, plan, or report was prepared by me ar under my direct super• vision and that I am a duly Registered �and 5urve�or under the laws of th�State of Mirtresota. �2.-12,.-�S RegNo, "S33 `Z ti �- .- s ♦ *' �t�.. c'�:'r� �). .�� t:..�.t`.r.� • ,r ..r.r �. ,.�—�_ ��. �- � � - ;-� � r-- ," ,�,� i +1� `.� �.% i :+ ti+. � : � » �/ �l '�3'9" t�`34"E. 1�"t."iS _,,,�,,...� .� •d •C ,,�.-'.^ _ ._.. � � �. _... _ �. .r � __.. ti � ou-r�o-�- �a, �``� p ,�A�T .O �°�, ,1��1• 54 39" R- 30.0o L Z..SZ- ��o �,,�.a"U"1"t �. t-r Y c.�'S � e�t�K '' �.fi..S'C' - t 5$ . S O - '"`ti ., � _ � ' o o � 0 0 � � � �. s � .,� �� 4.Q` � � �05' Z� oR� �o. �.�� -- �� b _ � _ j � � .� V��."t%� �--="5 i-+� � . s Q 3g. � 3e oc► 4�: t7 Q �Kf Lc�-rs !;•�� .o � � � rS a � � J� � 1- Z#-3 � �+��. � a � � s a � � �`��' � — - p �i, �„A � � ��.�.s _ 3e.00 ' 3�.00�j ��.zs . ��...�:.�...�r� � , Et�.s l iS$.SO �"" \Z.00 . BI..C� C, ti�C. l �. � ,� p ` t s� i i �+t� 9"a \ ` o . . � � �,�yb ,, E� L 2 v,¢ `'/ / � , ,. ��i r�' \ �, "O�� ' �i. % � ♦� \ � � S � G�« \,cf 0 �' 1 ! � CJ � \ �� it+� ��'� '\ / � t, '� \ 1D� 0 , � 1 `�" ^ . ,/� � ��•C, ' -� �� ,'fb / '�,.`7~'�� r `��7% .• ; ,,r �i,.�''" .,� � / ;.. �; r � . ; : � �� ,�,P- . t � /� , ,., l " , � � � o , . t . �,, �. ` �'t J � �� J 1; . ♦ � � / � / ��' •n P�i` J' � ,� � ��', � '- � _ � . �. � i �. \ . .�, � � , / � � 4 �+M `h / � r . � g,1 .� � � ERMAN WINTHROP BERT q. WEINSTIN ..ICHARD A. NOEL ROGER O.GORDON STEVEN C. TOUREK STEPHEN J. SNYDER HAF7 KULLER DAVID P. PEARSON THOMAS M, HART IV DARRON C.NNUTSON JOHN A. NNAPP SANDRA J. MARTIN MICHELE D. VAILLANCC JONJ.HOGANSON PEGGY A. NELSON DAVID E. MORAN, JR. �, DONALD J. BROWN � JAY fi. NAFT2GER TODD B. URNESS SCOTT J. DONGOSNE WILIIAM D. HITTLER PETER J. GLEEKEL ROBEPT 5. SOSKIN JEFFREY W. COON EDWARD J. DRENTTEL JEFFREY R,ANSEL JEFFREY N. SAUNDER JRT 15, 1986 W 1 N T H R O P & W E I N S T I N E ATTORNEYS AND COUNSELLORS AT LAW 1800 CONWED TOWER 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101 City ouncil City f Mendota Heights 750 S uth Plaza Drive Mend ta Heights, Minnesota 55120 . Conditional Re-Zoning Proposed Hayber-Mendakota Development Dear �Mayor and Councilmembers: HAND At th last council meeting, our office was requested to explore alternative; condi ional rezoning of the parcel of property owned by Mendakota Country which the proposed Hayber shopping. center development will be located. ( expre sed by the councilmembers at that meeting focused on the possibility th rezon'ng is effected, Hayber may decide not to proceed with the devel pment, leaving the property still zoned under the B-4 zoning classi Certa n councilmembers appeared reluctant to rezone the property until tl- certai that a particular development would proceed. After reviewing applic� ordin nces, state statutes and judicial decisions, our conclusions are that: Alt and and any upon equal the City may not make any rezoning or comprehensive plan am conditioned upon development of a particular project by a p developer, and i) even if such procedure were legal, the City would not receive any benefit from doing so. PHONE 16121 292-B��O OPY (612) 292-9347 STEPMEN B. YOUNG COUNSEL ,NERED �gh the legislative body of the City has wide discretion in enacting, e �ministering its zoning ordinance, such discretion is not unlimited. nces, and amendments thereto, must be reasonably related to the public ay not be arbitrary, capricious or, most importantly, discriminatory. " �zoning or comprehensive plan amendment "developer-specific" (i.e. cor ievelopment of a project by a particular developer) or "project-specii �ed only for a particular project) would be ep r se discriminatory and a< protection to other proposed developers who may obtain rights with re for the �lub on oncerns t, after roposed ication. �y were ble city ment rial �zorcing Zoning welfare o make �itioned ic" (i.e. enial of �pect to � Crty Council August I5, I986 Page Two such property in the future. Zoning or comprehensive plan amendments are favored in the courts only when they relate to some change in candition of the property in question or the surrounding neighborhood. Therefore, if property were to be rezoned to B-4, any Iater attempt to revert the zaning of the property back to its current R-1 status would be subject to challenge by Mendakota or any svbsequent owner, since such amendment would not be based upan any objective change in conditian since the property was rezoned B-4. Therefore, once the City Council designates the property as appropriate for 8-4 develapment, the City Cauncil would have to make specific findings relating to the public heatth, safety and weIfare in arder to turn down any subsequent application for development under that classification. However, even if the City were to rezone the subject property fram R-1 to B-4, the City wouid still retain substantial discretian with respect to approval or disapprovai of future projects. Under th� B-4 classification, any develapment in such district "shall be developed as a plartned unit develapment according to an agproved plan ..." Under Mendota Heights City Ordinance No. 401, Section I9, the Councii may disapprove of a proposed planned unit development if it fails to meet any of the following standards among others: (i} The PUD is an effective and unified treatment of the development possibilities of the development site and the development plan provides for ihe preservation of unique national amenities on tFte site; (2) The PUD can be planned and developed to harmonize with any existing and proposed development in the area surrounding the project site (inclvciing any proposed redevelopment of the Mendota Plaza); or (3) Approval af the planned unit development will nat be detrimental to the heaith, safety, marals and ge�ecal welfare af the people of the comrnunity. Therefore, the anly thing that the City Council would be giving up at the present time by rezoning the property as requested wouid be the right to be arbitrary and capriciaus in its approva! or disapprova! of a particular development plan. Any disapproval which is based on a finding that a develaprrient plan is incansistent with the general public welfare should be upheld as long as there is a reasonable basis for suct� finding. Therefore, although its discretion is not unlirr►ited, the Council would retain the level of discretion granted ta it under the PUD ordinance in evaluating future prajects an the site in question, whether proposed by Hayber or another developer. It should aIso be emphasized that the CaunciI may make any rezoning or comprehensive plan change conditioned upon a reasonable solution of perceived problems. Councilman Cummins mentioned patentzal traffic cancerns with respect to the proposed development. Any rezoning or comprehensive plan amendment may be mac{e conditional upon submission of adequate evidence to the City Council that potential traffic problems can be alleviated. In summary, once the City Council takes the initiai step to rezone the svbject property to a B-4 district, even if the zoning were later to revert to R-1, any : . City auncil AUgu t I5, 1986 Page hree disa roval af a later application far development of the property cansistent �� P restri tions set forth in the B-4� classification would have to be based an reG graun s directly relating to the public health, safety and welfare. rith the � sanable If an of yau have any questions, I would be happy to discuss these matters in greater Very ruly yours, WINT R & WEINSTIN BY- A.,�L.�0��2��'�� TMH/lii mas M. Hart � 0 TO 0 CITY OF MENDOTA HEIGHTS MEMO t 14, 1986 Mayor, City Council and City Administrator . James E. Danielson, Public Works Director CT: Mendakota Mall Development, Case No. 86-19 DI�CUSSION: The City Council at their last meeting continued the public he ring for the Mendakota Mall development to 7:45 August 19, 19 6. This is a public hearing considering a Comprehensive Plan Am ndment, a rezoning, and a conditional use permit for a planned un t development. In the interim, staff was directed tolconsult wi h Mn/DOT on traffic concerns and with the City Attorney on the po sibility of allowing the City to approve these actions for this pl n only "Contract Rezoning". � FIC: With respect to traffic, I spoke with Maureen Jensen, Mn/DOT Di trict 9's Project Engineer for the TH 149 upgrading p�oject. He comments were as follows: 1. The northerly most entrance is too close to the1TH 149/110 intersection and should be eliminated. � 2. The drive near South Plaza Drive should be moved more southerly to align with South Plaza Drive. I 3. The 17 feet of extra ROW shown on the plan should be adequate to meet Mn/DOT's future needs with thelexception that the northerly driveway needs to have turn lanes installed and those turn lanes will require an additional 12 feet of ROW in the area of that construction� 4. Mn/DOT traffic engineers are unsure about what the interstate opening will have on the TH 149 and are unwilling to make any firm predictions counts until the interstates are actually open can watch the results. � affects �raffic �n traffic � and they � CITY OF MENDOTA HEIGHTS MEMO CONTRACT REZONING City Attorney Hart has not yet prepared a written opinion on the contract rezoning issue, however, he has orally reported to Kevin that he does not feel that a written contract is necessary. The strength of the Council on this matter lies within the PUD process. (See attached PUD Ordinance Section). Each and every proposal for a piece of property stands on its own merits so even if the Hayber proposal dies and the land is then either reverted back to R-1 or remains as B-4, a new proposal would have to be evaluated on its own merits and could be approved or denied with the applicants and the City having the same legal recourses whatever the zoning. Tom Hart's own written.opinion should be available Tuesday evening for your review at that tiine.� RECOMMENDATION: The Planning Commission had read of the Council's concerns in the newspaper and discussed this development at their special meeting August 12. They still approve of the proposal, but said they share the same concerns the Council had for what would happen to the property if the Hayber proposal failed. (See 8-12 Plarining Commission minutes). ' ACTION REQUIRED: Conduct implement the attached the JED:madlr attachments the continued public hearing and if Council desires, Planning Commission recommendation. Staff has approving resolutions� (see July 29 memo). �ECTION 19. PLANNED UNIT DEVELOFMENT .9.1 � Purpose and Definition Thi� Sectian establish�s provisions for the g' a canditional use permit to provide for a Pla� Develogment project, The purpose of the Pi3n+ Development is to encourage a�lexibility in ` and develapment of .land in arder ta promote i use; to facilitate the adequate and economica� of streets and utilities; and to preserve the� and scenic qualities for open area�. A Plann� Development shall be defined as.any project u� ten (10) or more acres of contiguous land whe� is {a) more than one �l) principal building p� {b) more than one (1} use per lot. � Approval and Administration �anting of �ned Uni t �ed Unit :he design :s appropriate . provisions naturai �d Unit ;ilizing •ein there �r lot, or 9.2(l} The Planned Unit Development may be approved 'only if it satisfies all the �ollowing standards: � 9.2{1)a The Pl.anned Unit Development is cansisten�. w�th the Comprehensive Plan of �he community. 9.2(1)b The Planned Unit Development is an ef�ective °and unified treatment of the develapment pcsssibilities an�the project site an.d the develapment plan provisians �or �he preservation of unique natural amenities such as s�reams, �stream banks, wooded cover, raugh terrain, and simil�ar areas. 9.2(1}c The P%anned Unit Develapment can be plannecl a�cl developed to harmonize with any existing or proposed development in �.he areas surrounding the project �zte. � ,9,2(1}d Financi�g is available ta the applicant on c and in an amount which is sufficient �.o a�su of the Planned Unit Development. 9.2(2) In �he Planned Uni� Development the number o: units proposed for the entir.e site shall nat total number permitted under �he density con'� af the zoning district(s} �n which the land : If the Planned Unit Development �.s in more t] zoning distric�, the number of allowable dwe: mus� be separa�.ely calculated for each portic Planned Unit Develapment that is in a separa- must then be combined to determine the numbe: units allowable in the entire Planned Unit DE itions completion dwelling x_ceed the ol provisions located. n one (1) inq units of the zone, and af dwelling elopment. 401) 90 i I9 , 2(3 ) The Planning COTTIIIliS814i1 shall determine the number af dwelling units which may be constructed wi�hin the Planned Unit Development by dividing the net acrea�e o� the project area by the required lot area per dwelling ��ni� which a.s required in the district which the Planned Unit Development is loca�ed. The net acreage shali be defined as �he project area le�s the land area dedica�ed for public streets, but shall znclude aII Iands to be canveyed to the City for public parks. The project area incl.udes a1.1 �he land within the Planned Unit Developmen� which is allocated for re�idential uses, ar for common open space as de�ined in this Ordinance. Land to be dedicated for nublic streets is to be excluded �rcm the project area. 19.2 (4} Coordina�ion wi�.h Subdivisic�n Ccantral C7rdi.nance. 19.2(4}a It is the inten� of this Ordinance that subdivision review under the subdivisian control �rdinance be carried out simultaneously with the review of a Planne� Develapment under this cha�ter of the�Zaning Ordinance. 19.2(4}b The plans reguired under this section of the 4rdinance must be submitted in � form which will satisfy the reguirements of the subdivision control ordinance £or the prelimin,ary and fiz�al pl,ans required under those regulata.ons. 19.2(4)c Per�armance Bond: The subdivider shall furnish a nublic contractor's performance bond as prescribed by Minnesota 8tatute�, with corporate surety in a penal sum equal to 125 percent af �,he Engi.neer's cost estimate for the required improvements to be furnished and/or in.stalled by the subdivider. The performance bond sha11 be approved by the Attorney priar to its acceptance. A certi�ied check shal3. be submitted by the subdivider for the estimated inspection costs of �he required improve- ments ta b� furnished and/or instal.led by the subr�ivider. Said check a.s to be submitted at the time of the submission of. the performance bond, 19.2(5) Al1 other deve.lapment regu].ations not specified in the P7.anned Unit Devel.apment Section ar specif�_ed as a condit.ian ta the condi�.ional use permit shall appl.y a� regul�ted in the zoning di.strict in which the Planned Uni�. Development would be 1,oca�ed. (4�l) 91 0 19.2(6) It is the inten.t of this Section, Pl�nned Un ta pr.ovide a means to allow substantial vari the provisions of_ this Ordinance including u height, and similar regulations not i.ncludin requirements, off-street loading, necessary '� and the like. Variances may be gran�.ed �or', Unit Devel.opments provided: ; 19.2{6�a Certain regulatians cantained in this Ord realistically apply to the proposed deveZ the unigue nature af �.he proposed develop t Development, nces from es, setbacks, parking andscaping, he Planned e do not t due to 19.2{6)b The variances, iF granted, would be �ully consisten�. wi�.h the general inten�. and purpose of this Ordziance. 1g.2{6}c The Planned Unit Development would produce l�rban develap- ment and urban environment of equal or supe�ior quality ta that which wauld result frc�m strict adheience to the provision of this Ordinance. 19 . 2(b ) d The �Tariances will not ct�nstitu�e a�hreat +�o the property va.lues, safety, health, and general welfare�of �.he owners or occupants af adjae�nt or nearby Iand, nor be detrimental to the health, safety, morals, and gene.ral welfare o� the people af �he communit�y. � 19.2(6�e The proposed development is af such a una.que nature as to require conside.ration under conditions of the Planned Unit Development. � 19.2(6)f It shall be determined that �he variance� a're required for a reasanable and practical physical develapment according to a comprehensive development plan and are nat required salely on the basis of �inancial considerations 19.3 19.4 Pre-Application Conference Before submitting an applicatian for a Plan'rzed Uni.t Development, an applican� at his option may�confer wit'Z the Planninc� Commissian �o abtain infarmatian and guidance before en�.ering into binding commitments oriincurring substantial expense in the prepar�tion o� plans, surveys, and other data, � Sl�etch Plan 19.4(1) An applicant shall mal�e aFplication for a u�e permi� for the approval af a Planned in accordance wi�.h Section 5.6 0� this Or applicant wilJ. accompany his application p1.an as spec�.fied in this section. �:i. t w: i�ional Developm�nt ce. The a ske�ch (401.) 92 S CITY OF MENDOTA HEIGHTS MEMO AUG�iJST 15 , 19 8 6 TO:� Mayor, City Council and City Administrator S . James E. Danielson, Public Works Director CT: Sewers, Water, Streets Developer's Contract Copperfield Addition Phase II Job No. 8620 Improvement No. 86, Project No. 7 DI$CUSSION: At their last meeting, Council approved a plan allowing Ta dem Corporation to install the public improvements for Co perfield Addition Phase II privately. Staff has prep�red the at ached Developer's Contract that will allow for that co struction. City Attorney Hart has been sent a copy of the ag eement but has not responded as of this date. I RE�OMMENDATION: Subject to approval by the attorney, staff rec ap roving the attached Developer's Contract. ION REQUTRED: If Council desires to implement the staff recommendation, y should pass a motion authorizing the Mayor, and Administrator execute the document on behalf of the City. � D:madlr a�tachment c CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA CONTRACT FOR RESIDENTIAL DEVELOPMENT Copperfield Subdivision Phase II Improvement No. 86, Pro�ect No.l7 Job No. 8620 This Agreement, made and entered into this day of ,�1'386, by and bet een the City of Mendota Heights, Dakota County, Minnesota (hereinafter � called the "City") and Copperfield Associates, c/o Tandem Corporation, 6440 Flying Cloud Drive, Eden Prairie, Minnesota 55344, (hereinafter called the "Devel per"). W I T N E S S E T H: REAS, Developer proposes to construct the public improvements to serve the Cop�perfield Subdivision Phase II and dedicate those improvements to�the City of Mend ta Heights9 and I W REAS, the City of Mendota Heights has agreed to allow the developer ta do that construction on a test case basis in order to proceed with saidldevelop- ment ir� 1986. fallowsl: 1. THEREFORE, it is hereby agreed by and between the two parties The Developer agrees to install at his own cost the following improve- ments: water systems, storm sewers, sanitary sewers, and street im- pravements including concrete curb and gutter, sidewalk and other miscellaneous work, all in cottformance with the City's standald speci- fications and the approved plans. If the Developer dQes not perform this work to the approved plans and specifications, the City Ihall be I free to exercise its aption ta complete all work required of the 1 Devei�per under a City contract. The Developer �hali be financially responsi�le for payment for this extra work within thirty (30) days of formal billing by the City. 2. The Developer shall provide the City with 5 sets of plans and 5pecifi- cations prepared by a Registered Professional Engineer, sub�ect to review and written approval by the City Engineer. Said p2ans and specifications are here6y made a part a� this contract and shall be prepared i� c��farma�ce with the Ci�y af �endota Heights' standard specificatio�s. Ail watermai» war,k dane shall coMform to City of 5t. Paul Water Utility specifications. All water services shall be in- stalled by 5t. Pa�l Water Utility crews. 3. It is agreed that all labor and work shall be dane and performed in the best and most workmanlike manner and in strict confarmance with the appraved pla�s and specifications prepared by Schoeil aMd Madson, Inc. as approved by the City Engineer and an file with the Ciiy Cle�k. No deviatio�� fr�m the app�Qved plans a�d specificatians will be permitted unless appr�ved in writing by the City Engineer. Na con- str�ctian will begin �ntil firial plans are approved by the City. 4. Developer agrees ta furni�h ta the City for approval a li�t of can- tractors being considered for retention by the Developer for the performance of the work required by thi5 contract. The City reserves the right ta re�ect a cantract�r. �. It is further agreed that the �eveloper, th�ough his Engineer, shall pr�vide a12 staking, �urveying and full-time resident inspectian for the abave descri�ed impravemen�s in order to insure that the completed improvements canform to �he approved plans and specifica�ions. The City and St. Paul Water Utility will pravide for general and final 6. 7. S. I 9. I C inspection and shall be notified of all tests to be performed.l It is agreed that the estimated cost of such improvements including ih of the City for legal, planning, engineering services, includiig inspectiori, supervision and administration costs and service cha I by St. Paul Water Utility shall be included in the total cost �f improvements. The developer shall provide an escrow deposit o � cover those costs. Should this amount be e the Developer shall be billed for those costs. In case any material or labor supplied by the Developer shall re�ected by the City Engineer ar his designated representative'as defective ar unsuitable, then such re�ected material shall belrem rges ges all and replaced with approved material and the re�ected labor sha'll be I done anew ta the specificatians and approval of the City Engineer and at the sale cost and expense of the Developer. It is specifiially understoad that Final Approval and Acceptance of this developn pro�ect shall take the form of a Resolutian duly passed by the Neights City Council, on the advice of the City Engineer. It is agreed, that the Developer shall submit to the City for a written schedule indicating the progress schedule and arder completion of the work cavered by this cantract. It is distir under staod and agreed that all wc+rk covered by contract shal: at no expense to the City of Mendota Heights. C�pies af all bids, change arders, suppliers, subcontractors, shall be forwarded to the City Engineer for his approval. The Developer shall not do any work or furnish any materials i � Mendata approval of ict 1 y , be done et c. covered by the plans and specifications and Special Candition� of this contract, for which reimbursement is expected from the City, unless such work is first ardered in wriiing by the City Engineer aslprovided 3 0 in the specifications. 10. Any such work or materials which may be done or furnished by the cantractor without such written order first being given shall be at his own risk, cost and expense, and he hereby agrees tfiat without such written order he will make no claim for compensation for work or materials so done or furnished. 11. Upon completion of all the work required the City Engineer or his designated representative, a representative of the contractor, and a representative of the Developer's Engineer will make a final inspec- tion of the work. Hefore final payment is made to the contractor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications9 and the Developer's Engineer shall submit a written statement attesting to same. Upan completion of the work, the Develo- per shall have his Engineer provide the City with all original inked rnylar plan sheets and ane set of prints sh+�wing the sewer service stub inverts and at least � ties to all water stop boxes and all ends of sewer stubs. These plans shall include the locations, elevations and ties to all sanitary sewer and watermain services. 12. It is further agreed anything ta the contrary herein notwithstanding, that the City of Mendota Heights City Coun�il and its agents or em- playees shall nat be personally liable or responsible in any manner to the Developer, the Developer's contractor ar subcontractor, material men, laborers or to any other person or persons whomsoever, for any claim,demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agree- ment or the performance and completion of the work and the improve- 4 I� iti 0 1° lE � ments provided herein, and the Developer will save the City�harmless from all such claims, demands, damages, actions or causes of ictions or the cost of disbursement, and expenses of defending the same, specifically including, without intending to limit the categolies of I said costs, cost and expenses for City administrative time ani labar, costs of consulting engineering services and costs of legal sirvices rendered in conriection with defending such claims as may be brought against the City. It is further agreed that the Developer will furnish the City of Mendota Heights a corporate surety band, certified check, ceriificate of deposit, ar irrevocable letter of credit to cover the estiiated C45t of the proposed improvements and shall also furnish proof of insurance covering any Contractor's equipment, laborers, and hazard caused by said improvements. The Developer shall be financially responsible for the installlation of street identifiaction sign and nan-mechanical and nonelectricil traf- fic contral signs. Street S19M5 will be in corformance with �he names as indicated on the plat of record and be prepared by City St�ff. The actual number and location of signs ta be installed will be ai the descretion of the City and actual installatian shall be performed by the City staff. Upon completion af the work, the Developer and/or his contractor shall be required to furnish the City a one year maintenance bond glaran- teeing said work ta the City. Engineering services furnished by the City: The City may not exer- cise direct supervision and inspection of the work during the con- stru�tion operations. The City Engineer or his representativi will make periodic inspection of the work and will consult with the De- �� veloper's Engineer in regard tn engineering problems concerni�g the work and observe all test5 and conduct the final inspection. 17. No occupancy of any building in said plat shall occur until water and sanitary sewer improvements have been installed, inspected and ac- cepted by the City and by St. Paul Water and are available for use. Furthermore, the Developer shall maintain reasonabie acce�s to a�y accupied unit�, includi�g �ece�sary street maintenance such as gradzng and graveli�g and sn�w �emovai p�i�r ta'permane�t street �urfacing. 18. The Develop�r shall furni�h the City of Mendota Heights public Lia- bility Insurance in the amaunt af �ne hundred thousand dallars t�100,��0.00) and two hundred fifty tho�sand dollars (�25�,000.00) and Pr�perty Damage Insurance in the amount of five thousand dollars {�5,00�.0@) and twenty-five �housand dallar� t�25,000.001. These i�surance policies shall accompa�y the ca�tract for its executio» by the Developer and the City of Mendata Heigh�s. These ins�rance pa2i- cie� s�all be i� full fo�ce and effect during the life of this cori- tract, i9. The Develaper shall be re�pon�ihle for all street maintenance until streets are accepted by the City. Warning signs 5ha11 be placed when hazards develop in streets to prevent the public from traveling on same and direct attenti�n to detours. If and when streets become impassable, such streets shall be ba�ricaded and closed. In the event residences are occ�pied prior to completing st�ee�s, the Develaper shall maintain a smo�th surface and provide proper surface drainage. The Developer shall be responsible for keeping streets within and without the subdivision �wept clean of dir� and debris that may spill or wash onta the street from his aperation. If the �treets are black- s SI topped, the Developer may request, in writing, that the City k streets open during the winter months by plQwing snow from sai streeis prior to final acceptance af said s�reets. The City s be responsible f�or damage to said �treets bacause of snaw plow aperatians if they are requested and snow plowing service dQes con�titute fiMal acceptance of �aid streets, FOR DEVELOAER ^�IGNATURES FDR THE CITY OF MENDOiR NE I GFt7� Rabert G. Lockwaod, Mayor Kevin D. Frazell, City Admiriistr ACKN4WLEDGEMENT OF AU7HDRIZED CITY OFFICIflL'S SIGNATURES Robert . Lockwoad and Kevin D. Fra2e11 being fir�t duly swarn, depose that th y are the lMayot^ and City Administrator, respectively, of the Ci Mendota Heights, in the C�unty of Daka�a� and the Siate of Minnesatay t read th foregaing cantract and kr�aw the content� thereof and that tfi�e true of their awn knowledge� ar�d that titis contract is mede at �he dir�e arrd und r authority grar�t�d by the City Courtci i af the City af Mendota Minneso a. � 3�'ttt1CY' 1 thi5 1986. and sworn to before me , day of , ( Notat^y Public 7 (Signature of Mayor) �ep the i I�� no� ing r�ot taiyr�a�ur� cs� e,.as,y ryu}��.tret54r-eiavrr d say of y have me i� ion of ights, � , 0 CITY OF MENDOTA HEIGHTS MEMO UST 14, 1986 TO: Mayor, City Council and City �nyrL3,�r�'ator FR M: James E. Danielson, Public Works Director SU ECT: Case No. 86-26, Van, Request for Variance 0 DISCUSSION: � The Planning Commission held a special meeting at 6•30 P.M. on ugust 12, 1986, to consider a rear yard variance request for Mr. Scott Van,(see attached staff report). REC MMENDATION• ACT rec rea I The Commission voted unanimously to recommend granting the sted variance. � N REQUIRED• If Council desires to implement the Planning Commission mendation, they should pass a motion approving a 35�7 foot yard variance to 1870 Hunter Lane. � att�chment I:madlr , , CITY OF MENDOTA HEIGHTS MEMO August 12, 1986 TO: Planning Commission FROM: James Danielson, Public Works Director SUBJECT: Case Na. 86-26, Van, Reqtzest for Rear Yard Variance DISCUSSION: Mr. Scott Van was.granted a conditional use permit in April, 1983 to fill hi� lot located at 18�0 Hunter Lane so that he could canstruct his home toward the rear of thi� very deep lat (328.5 feet). He has now completed,that �ill project and de�ires ta begin his new home construction as soon a� passible. In praparing his home plan, he discover�d that in arder to have his home at an elevatian high 'enough to connect into the City's sanitary sewer with gravity flow, he needs to have his home 30 feet from the rear lat line. The City's zoning code requires that the home be 30 feet fram the rear 1ot 1ine, or 20o af the lot's depth, whichever is greater. In Scott's va�e, 20% of the lot depth is 65.� feet. He therefore needs a 35.7 foot variance granted. Mr. Van is anxious to begin his home construction this summer and he has paid the $200 fee far a special meeting. xe has not submitted an acceptable �ite plan showing contaurs, but promised to have ane prepared in time ta hand out for this evening's meeting. ACTION REQUIRED. Review the variance request a�ter reviewing his new sit� plan, and make a recammendatian ta the City Council. JEDtmadlr , �plicant ' -� ( Name: A�'1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA APPLIGATION FOR CONSIDERATION OF • PLANNING REQUEST Case Date of Application p-�� Fee Paid �,.35� '� ,.3�"�,.� G � g�.' �`�' �n: Last First Initial Address: ""�'' � �.SG �j�� d. � Number & Street City Stat Telephone Number : �% .i �"� S i..S G✓cr jC. -�° G r I i.s ) er Name: t Address: rst Number & Street City St eet Lacation af Property in Question: 1��0 ��-�� La�-� Leg 1 Description of Property: �---C}� � S+.�1ry v;-2 � i�t i I I.s Init �.5�11 Z ip State� Zip Type of Request: Rezoning � 3C Variance Conditional Use Permit Condi�ional Use Permit for �.U.D. riinor Conditional Use Permi.t � Subdivision Appraval P1an Approval WeClands Permit r�,,, 0 the r I � ��i �� t7U � �1? tJ �d�$.. .3 �� .J�.Q� �A�ih i� �[ "11., 4 ' 1 �;s w� ll tt�Je ; Utn �d�. � d� -�z neuSt,"�� o� a�'�,cv- /,i� s��,�a� , �� tc1a-�� t.v� �2¢. b%t,�','n.q ak,�' yYi9 �t F�o✓S Ii+�Kq rvc5� a�'v'iiivt� o