1987-06-020
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AGENDA
JUNE 2, 1987 - 7:30 P.M.
1. Call to Order.
2 . Roll Call . '- � ��",� � • : -s d�P.bn _ �
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3. Agenda Adoption.- � � ��
4. Consent Calendar: - � "
a. Acknowledgement of April 28 Planning Commission Minutes.
b. Acknowledgement of May Code Enforcement Report.
c. Acknowledgement of letter from Public Works Director
to Ralph Oyen regarding Subsurface Water Problem at
Ivy Hill Townhouse Complex.
d. Acknowledgement of letter from William W. Owens, III.
e. Acknowledgement of Memo on Final 1986 MWCC Billing.
f. Approval of the List of Claims.
g. Approval of the List of Contractor Licenses.
h. Acknowledgement of May 26 Planning Commission Minutes.
End of Consent Calendar.
5. Introductions.
6. Public Comme ts. ,� � _ e ,����
�f'l. �e /� .�=�:�G...at � �a{ '� ^,- °`
a. Let � r ro�n Bob Tousign nt re a� ing � r�� dd'tion.� ` �
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7. Bid Awards and He rings�y� l �
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a. Case No. 87-12. HEARING,�Nonnemacher, Wetlands
Var nc , 7• 45 P.M. -- /T
b. CA �ase Nd. 87-3, HEARING Olsen C itical Area
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Vari nce, :00 P.M. _ ���� _ '.
c. Bi��rd f�he Ponds - Resolution N.�7 .*-_
( � /�
d. Bid Award for Rolling Woods -(Resolution No. 8��.* -
x8. Unfinished and New Business: ��
a. Metro East Economic Development Prog am. -�� ��
b. Civic Center Ball Fence .*���.�
c. Case No. 87-05, Anderson, Subdivision. �, ���`7( ��`� ��c,�- -
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d. Case No. 87-11, Stalder, Subdivision. �r��''�
• e. Case No. 87-08, Rolling Woods 2nd Addition Final Plat.* -'/¢
f. Copperfield Phase I Release of Homebuild 's Escrow.-/�
g. Warrior Pond Easements. -. J� ^``''"-'"�
�„�x- ' �.�.�.:� ). ,
� h. PoliG��„on Re�i. en�ia S�et Lights --
�• -d4,.� �.
i. Resolutidn No. 87-49��horizing Preparation of
Assessment Roles. �-
j. Contractor's Limits of Liability (Ordinance No. 233).~-��
k. Authorization for Summar}� Publication of Aircraft�
Noise Ordinance, Resolution No. 87-50.* --
1. Contribution to State and' Local Legal Center �' �� �� 4��i�� -�r
, m. 1987/88 Public Works Contract. - -� �
n. Surveying Assistance on Park Place, Project 86-12.* ��
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9'. Council Comments. �
10. Adjourn.
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CITY OF MENDOTA �-IEIGHTS
DAKOTA COUNTY, MINNESOTA
AGENDA
JUNE 2, 1987 - 7:30 P.M.
1. Call to Order.
2. Roll Call.
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3, Agenda Adoption.
4 . Appro�l�����;M '�iurtes �. �ty 19 ,
5. Cansent Calendar: '
a. Acknowledgement of Apri1. 28 Planning Commission Minutes.
b. Acknowledgement of May Cacle Enforcement Report.
c. Acknowledgement of letter �'rom Public Works Director
ta Ralph Oyen regarding Subsurface Water Problem at
Ivy Hill Tawnhouse Camplex.
�d. Acknowledgement of ],etter from William W. Owens, III.
e. Acknowleclgement of Mema gn Fi.nal 1986 �?IWCC Biiling.
�. Apprava]. of the List of Claims.
g. proval af the List of Contractor Licenses. �
f�� �ct�.ati►•► . c�� 1.aj c�..t,.�- `a{.Q �' io�r'ti..xv..x1 c�- �1t,n • t'Ylta'1 •
End of Gonsent Galendar,
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6. Introduations. �
7. Public Comments.
Ca. �.�..-�s�r'��` --�a�m 1?0!� �Tc'��.a�neurt-�' 1.�1Q (�'�'"�.o�—�'t�ric��, C�C�- .
8. Bid Awards and Hearin�
a. Case No. 87-12, HEARING, Nannemacher, Wetlands�
Variance, 7:45 P.M. .
b. Case No. 87-3. HEARING, Olsen, Critical Area
Variance, 8:Od P.M.
c, Bid Award for The Ponds -(Resolutian No. 87-47}. (Available
Tuesday) �
d.. Bid Award for Rolling Waods -(Resolution No. 87-48).(Available
Tuesday)
9. Unfinished and New Business:
a. Metro East Econamic Development Program.
b. Case No. 87-05. Andersan, Subdivision. -
c. Case Na. 87-11, Stalder, Subdivision.
d. Copperfield Pha�e I Release of Homebuilder's ;Escrow. .. .__ �
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e. Warrior Pond Easements.
f. Policy on Residential Street Lights
g. Resolution No. 87-49 Authorizing Preparation of
Assessment Roles.
h. Contractor's Limits of Liability (Or.dinance No. 233).
i. Authorization for Summar�r Publication of Aircraft
Noise Ordinance, Resolution No. 87-50.
j. Contribution to State and Local Legal Center
k. 1987/88 Public Works Contract.
10. Council Comments.
11. Adjourn.
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CITY OF MENDQTA HEIGHTS
MEMO - --- - - - -- -�
June 2, 19$7
T0: Mayor, Czty Council and Ci�y Administratar
FROM; James E. Danielsan, Public Works Director
STJBJECT: Fence Construction at Civic Center SiC`e
DISCUSSION•
The Park and Recreation Commi.ssion recently received a request to fence
the Civic Center Site for safety reasans. Balls are frequently hit over the
backstop and grounders are hit on�o the frantage road along Trunk Highway
11Q. We also have a snow fence f ar an outfield fence that is unsightly.
The Park and Recreation Commission a.ndorsed the reques� and recammend
that the City Council approve expenditures from the Park Fund to construct
the fence.
Several weeks ago Mr. Bob Da�fing from the Park Commission gave me a
propased layout and I requested bids from �hree firms; Anchor Fence, Midwest
Fence, and Crowley Fence. Mr. Doffing would lilce a green vinyl coated fence
as opposed ta galvanized.
Crowley Fence is the only fi.rm to submit a bid (attached}.
I have checked wi.th the Gity Hall architects and they repart that we
co �.d praceed with the fence cans�ructian this year because City Ha11
construction wi11 not encroach on the ballfield.
Another factor to consider, is that Dark Leadman, Terry Bl.um says
right field is too shart and it coul.d be extended 10-15 feet by a City
fill.ing project (see diagram). This filling would be within 100 f eet of the
wetland (but nat 3.n the we�land} sa a filling permi� would need to be
granted to staff to allow the work. There is excess dirt available fram the
City Hal1 building site that we cauld use f or fil1. This work should be
done before �he fence is installed.
RECOMMENDATION:
Staff recammends that this project be declared a minor wetlands project
and a perma.t be granted to staff �o fili accordzng to the attached draww�..ng.
The Park and Recreatian Canunissian recammend that the fence be znstalled.
Staff feels �hat the Crowley Fence bid is reasonable and recommends awarding
them the purchase order.
ACTION REQUIRED-
If Council desires to implement the sta�f and Park and Recreatzon
Commission's recommendations they should grant the wetlands germzt and
award the purchase order to Crowley Fence far their bid amount of $8,770.
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20' Parking Setback
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50' Building Setback
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Crowley Fence Company, Inc.
10630 Massau Street N.E. Minneapolis, Mion. 55434 612/784-1120 3 7 0 8
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DATE gpril 28, 1987 - P80POSAL NO. _
TEBMS Net 30 Days F�g: Jobsite
To• City of Mendota Heights ReS�inB� Fou1 Zine and Outfield
. 750 South Plaza Drive Fencing
St. Pau1., MN 55120 . - . . .
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Attention: Mr. Jim Danielson _ , '
We propose the. follawing: ❑ turaish onb � turnisb and install ❑ remo.e and reinstau ❑ otherY ,��
� 80' = 96 �� high X 9 ga. X 2" mesh wi.th �2-1�2" line posts� X 1-5�8" top rail
with 1-5�8" bottom rail
646t - 72" high X 9 ga. X 2" mesh with 2" line posts X 1-5�8" top rail
with bottom 'tensiori wire . � . . �� : . - . ,' �: ='R ,. •
. . _ . _ ._ . .. , _. , _ ,_ �4� __ . : , - - - ' �6 ' 720 00
.�'+OT '�',�1@ SllIIl Of • • • •, • • • • • �• �, ,• . • i .�, ��. • _� ��� • _o' o � f o
�eanct '$155.00 for vinyl � fabric in lieu *of galwanizecl. on abovea .: --� ���
f�:a'_ . .q. r.«i � i� , �
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��1. � - 10 ' X 20 •X 10 "X 12 � `high � hooded backstop'�� �. . � ;i�' "" :: , " � � . �' ' _ . ` � � _ . .
, . : , ., ._: _ ... , � . _ . _ . . , s_ � :-.:.,,.. : - ,, $ - - • ` � �2' 0 0 00
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� F ;> - . , .. -': :. �as �above���: •
All necessary appurtances, for"the total coat of .� : . : : . : . . : : : . . . . . : :.:'. . �.: :. ,� . � .:. a
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The above price(s) is (are) �rm for a period of 30 days from this da��� r.
Thank you for the opportunity to quote on thia projec� '� �
Respectfully submitted by: r `� ' , �".'''��' _
� James E. geller, Sales pre ntative
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ACCEPTANCE OF PROP03AL PROPOSAL NO. �-�-- 3 � O$• •
� The above pricea, apecifications and conditions are satisfactorq and are hereby accepted. You are
authorized to do the work as apecified. Payment will be made as outlined above.
Signature: Da�'
PLEASE SEE REVERSE SIDE FOli WAFi'REiNTIES AND CONDTI70NS
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- - " CITY pF MENDOTA HEIGHTS � ' ---" -
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MEMO
June l, I987
c
T0: Mayor, City Council and City .Administrator
FROM: James E. Danielson �
Publa.c Works Director
SUBJECT. Final Plat - Rolling Woods 2nd Addition
DISCUSSION:
Attached is the fi.nal plat far Rolling Woads 2nd Additian (fozmerly
Wesley Addition). The Methodist Church has agreed to se1], these Eive
new lo�s to Floyd Unxuh and he would 13.ke the plat name to be changed
to coincide wi�h his development immediately to the north.
Bill Gydeson who.represents �he church in this matter wiS2 be out
of town for the June 16th meeting and asks that the final plat be appxoved
tonight so that he can cantinue wi�h ha.s sale pracess ta Mr. iJnruh.
RECOMMENDATION: ` _ �
Staff recommends approval of the f inal pla� subject to the fo11ow3.ng
conditions:
l. Payment of the $3,000 park contributian. .
2. Adding a 20 foot drainage easement along the south boundary and
the other normal easements required.
3. Submission af a grading plan with proposed cantours.
AGTION REQiJZRED: _ _
If Gouncil desires to implement the staff recommendation they should
pass a motion adoptir�g Resolution No. 87- , RESOLUTION APPROVING FINAL
PLAT FOR ROLLZNG WOODS 2ND ADDITION.
CITY OF MENDOTA HEIGHTS
— �- - Dakota County, Minnesota
-,Resolution No. $7—
RESOLUTION APPROVING FINAL PLAT FOR ROLLING WOODS SECQND ADDITION
WHEREAS, a final plat for Rolling Woods Second Addition has been
submitted to the Council; and `
WHEREAS, the City Gouncil has.reviewed said final plat and finds the ,
same to be in order.
NOW THERg'ORE, IT IS HEREBY RES4LVED by the City Gouncil of the Ci�.y of
Mendata Heights, Minnesota, as follows.
1. That the final plat for Rolling Woods Second Addition submitted at
this meeting be and the same is hereby approved.
2. That the appropriate City afficials be and they are hereby
autharized to execute the final plat on behalf of the City of
Mendota Heigh�s. •
Adogted by the City Council of the City of Mendo�a Heights this 2nd day of
June, 1987.
ATTEST :
Ka�.hleen M. Swansan, City Clerk
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CITY COt3NCIL
CTTY OF MENDOTA HEIGHTS
By
Charle� E. Mertensotto, Mayor
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CITY OF MENDOTA HEIGHTS
MEMO
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June 2, 1987
TO: Mayor, City Administrator, City Council
FROM: Kathleen M. Swanson ,
� City Clerk
SUBJECT: Summary Publication of Aircraft Noise Ordinance
INFORMATION
Because the cost of legal publication is so great, State
Sta�ute gives cities the option of publishing summaries of
lengthy ordinances. We have exercised this option in the
past, and given the length of the Aircraft Noise Attenuation
Ordinance, Ordinance No. 233, I recommend that publication of
the attached summary, prepared by Dave Moran, be authorized.
In order to publish a summary, statutes require that
Council first review and ap�rove the content of the �roposed
summary and adopt a resolution to authorize its publication.
ACTION REQUIRED
If Council concurs in the recommendation to publish the
attached summary, it should adopt the attached "RESOLUTION
REGARDING PUBLICATION OF A SUMMARY OF ORDINANCE NO.
ORDINANCE FOR AIRCRAFT NOISE ATTENUATION," directing that a
copy of the entire text of the Ordinance be posted in the
City offices for public review.
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CITY OF MENDOTA HEIGHTS � '
DAKfJTA COUNTY, MINNES{�TA
Resalutian No.
A R.ESOLUTION REGARDING PUBLICATION OF A SUMIVIAR.Y C1F
ORDINANCE NO. •
OR.DINANCE FC1ft AIRCRAFT NOISE ATTENUATION
�
WHEREAS, the City Council has an this date adopted Ordinance No. ,
4rdinance Far Aircraft Noise Attenuation (the "Ordinance"} .
WHEREAS, the text of the Ordinance is lengthy and the council believes that
pub2icatian af the tit2e and a summary of the Ordinarzee would clear2y inform
the public of the intent and effect of the Ordinance.
NOW, THEREFORE, BE IT HEREBY
RESOLVED, that the Ca.ty Council hereby determines that publication af the
title and a summary of Ordinance No. , Ordinance For Aircraft Noise
Attenuation, in the form attached hereto as Exhibit A, wou2d c2early inform the
public of the a.ntent and effect of the Orda.nance.
RESOLVED FURTHER, that the City Clerk is hereby authorized and directed to
publish the title of the Ordinanee and the summary attaehed hereta as
Exhibit A once in the official newspaper of the City.
ftESOLVED FURTHEK, that the City Clerk is hereby authorized and direeted to
post a copy of the entire text of the Ordinance in the city hall and to make a
printed copy af the Ordinance avaiiabie far inspeetian by any person during
regular office hours at the office of the City Clerk.
RESOLVED FURTHER, that proaf of publicatian sha11 be attached to and filed
with the Ordinance. �
Adopted by the City Cauncil of the City of Mendota Heights this day of
, 1987.
GITY CO�JNCIL �
CITY OF MENDOTA HEIGHTS
,
By:
Char3es E. Mertensatto, Mayor
ATTEST:
Kathleen M. Swansan, City Clerk ._ ., � . � , . � . . , ,
SUMMARY C1F OR.DINANCE NO. � '
ORDINANCE FOR AIR.CRAFT NClISE ATTENUATIC3N
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An t�rdinance promoting the health, safety and general weifare of the citizens
of Mendota Heights, Minnesota, requiring compliance with naise reduction
standards and bui2ding construetion. � �
�
The City Council of the City af Mendota Heights� has determined that the
follawing summary of the above-referenced ordinanee (the "Ordinance") clearly
infarms the public of the intent and effeet of the Ordinance, artd shall be
published in lieu of publishing the entire text of the Urdinance.
The City of Mendota Heights has determined that aireraft noise impacts
develapment in certain areas of the City, that such aireraft noise is beyand
the authority af the City to eontrol and that proper constructian methods may
attenuate aircraft noise inside the structures in a manner necessary to pramote
and preserve the health, safety and welfare of the citizens of Mendota
Heights. . �
Seetion ? af the Ordinance establishes faur aircraft noise zones whieh are
delineated on the diagram hereinafter set forth and incorporated in the
O rdinance .
Seetion 8 provides that all construction or recanstruetion requiring a bui2ding
permit and lacated within an aireraft naise zone shall meet or exceed the noise
compatibility tables set forth in the .Ordinance. The appiicant must
demanstrate campliance with the provision.s of the �rdinance prior ta issuanee
af the permit .
Section 10 af the Ordinance pravides that any person, appiying for a building
or aecupancy permit must inelude with the application the plans and
specifications for #he work describing the btzilding, building materiats, heating
and ventiiation. systems and providing "Sound Transmission C2ass" (as that
term is defined in the C?rdinance) ratings for exterior roafJaeilings, walls,
widows and doors. Certain minimurn standards far mechanical ventilation
systems, ceiling exteriar windows and door frames, chimney closing devices on
fireplaces, ventilation ducts, weather siripping and penetrations through
exteriar walls by pipes, duets, candraits and ete., are set forth in Seetian 10
of the �rdinance. Seetion IO further provides that the City shall have 34 �
days to apprave or reject the plans and specifications, but shall be required
ta approve the p2ans if t,he plans meet or exceed the applicable requirements.
Section 10 alsa provides that no construction shali occur prior to the approvai
of the apprapriate pians and sgecifications by the City.
Section 11 provides that the City shall have the right ta perform inspections in
order to determine eamplianee with the approved plans. The City may arder
correetive action, or in lieu thereaf, the building owner may submit a test
report based upon field tests shawirlg complianee with � the, r.equirements. : .
Seetion 5 of the Ordinanee provides that the aircraft naise zones shall overlay
the established zoning distriets, and that all territory within any aircraft naise
e
zone shall also be subject to the requirements established � by the other
applicable ordinances of the City.
Section 12 of the tJrdinance provides #hat the City is autharized to colleet fees
in the amount af $ to caver administrative and enfarcement costs.
CITY COUNCIL
'" CITY OF MENDOTA HEIGHTS
ATTE3T:
By:
Charies E. Mertensotto, Mayor
Kathleen M. Swanson, City Clerk
4
CITY OF MENDOTA HEIGIiTS
MEMO �
June 2, 1987
_ T0:_ Mayor, City Council and City Administrator
FROM: 3ames E. Danieisan; Public Warks Directar
SUBJECT: Surveying Assistance on Park Place
Job No, 8625
Improvement Na. $6, Project No. 12
DISCUSSSON:
Orfei Contractzng, Inc. was the low bidder an the Park Place project
and has notified the City that they would like ta begin construction on that
job next week. City Engineering curren�ly has too many other jobs underway
and we will not be able to da �he surveying for this job next week. Sunde
Land Surveying did the plat and is currently on the site for sCaking the
mass grading.
RECOMMENI}ATION:
Staff recammends that we be allowed. to use Sunde I�and Surveying to
assist in staking the Park P1ace project on a time and ma�erials basis. All
these costs wi11 be assessed to �he project. The City will sta.11 do the
inspection.
� �
ACTION REQtTIRED • �
Tf Council desires to implement the staff recommendation they should
pass a motion authorizing staff to utilize Sunde Land Surveying as needed
and on a time and materials basis to assist with the surveying far the Park
Flace project, Job No. 8625, Improvement No. 86, Project No. 12.
,
0
0
CITY OF MENDOTA HEIGHTS
�
e MEMO
June 2, 1987
TO: Mayor, City Administrator, City Council
FROM: Kathleen M. Swanson
City Clerk
SUBJECT: May 19th Minutes
INFORMATION
Because of our shortage of personnel recently, and the
time I have had to dedicate to accounting functions, the May
19th minutes were not completed in time for distribution with
the agenda packet. They have now been completed and are ,
attached for your information. I do not ask your approval of
the minutes this evening, but rather submit them should there
be any Council need this evening to refer to action taken on
the 19th.
Approval of the minutes will be placed on the agenda for
the June 16th meeting.
�
0
�
--- _ - -, Page No. 2438
. , May 19, 1987
CITY OF MENDOTA HETGHTS
DAKOTA COUNTY
STATE OF MINNESUTA
Minutes of the R�gular Meeting
Held Tuesday, May 19, 1987
P�.zrsuant ta due call and natice thereof, the regular meeting of the
City Council, City o� Mendota Heights, was held at 7:30 o'clock P.M. at
City Hall, 754 Sauth Plaza Drive, Mendota Heights, Minnesota,
Mayor Mertensatto called the meeting to order at 7:30 o'clock P.M. The
following members were presentz Mayor Mertensotto, Councilmembers
B].esener, Cummins, Hartmann. Cauncilmember Witt had notifi.ed the
Cauncil that she would be late.
AGENDA ADOPTION Councilmember Hartmann moved adoption of the agenda
�ar the meeti.ng, including items contaa.ned in the
add-on agenda.
Councilmentber Blesener seconded the motion.
Ayes: 4
Nays: 0
APPROVAL OF
MINUTES
Ayes: 4 _
Nays: 0
Councilmember Cummins moved approval of the minutes
of the May 5th meeting with correc�ion�.
Councilmember Blesener secanded the motion. •
CONSENT CALENDAR Councilmember Fiartmann moved approval af the
consent calendar as submitted and recommended for
approval as part of the regular agenda, alang with
authorization for execution of a�l necessary
documents cantained therein.
6
a. Acknowledgment of the Treasurer's monthly
report for Apri]..
b. Acknawledgment of a memo regarding a manual
check from the May 5th claims list to the
Dakata Goun�.y Court.'
c. Acknowiedgment af a�emo regarding medical
response by the Fire Depar�ment.
d. Acknowledgment of a letter from Senator Howard
Knutson regarding legislative matters.
e. Approval. of the list of claims dated May 19,
1.98? and totalling $322,764.63.
f . Approval of the list of contractor licenses. .. �_ _ � ; : .� ,. :� .
Page No. 2439 _
, May 19, 1987
dated May 19th and attached hereto.
Councilmember Cummins seconded the motion.
Ayes: 4
Nays: 0
BID AWARD, Public Works Director Danielson reviewed bids
SPRING CREEK ACRES received for construction of improvements to serve
Valley Curve Estates and Spring Creek Acres. In
response to a question from Mayor Mertensotto, Mr.
Danielson stated that the property owners are aware
that the bids are considerably higher than the
engineering estimate and that in the case of Spring
Creek Acres, the owner has sold all of the lots on
the agreement that the properties will be assessed
$15,000 per lot and she will pay all assessment
obligations for the project in excess of $15,000
per lot.
Mr. George Spanjers, owner of the properties within
Valley Curve Estates, acknowledged that he had been
informed of the bids and did not have a problem
with the increase over the estimate.
Councilmember Cummins moved adoption of Resolution
No. 87-42, "RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS AND
WATER SERVICES TO SERVE VALLEY CURVE ESTATES
(IMPROVEMENT NO. 86, PROJECT NO. 5), AND SANITARY
SEWERS, WATER, STORM SEWER AND STREET CONSTRUCTION
TO SERVE SPRING CREEK ACRES (IMPROVEMENT NO. 87,
PROJECT NO. 1)," awarding the contract to Orfei
Contracting, Inc., for their low bid of
$145,403.82.
Councilmember Hartmann seconded the motion.
Ayes: 4
Nays: 0
SPRING CREEK Public Works Director Danielson explained his memo
ACRES PLAT relative to a requirement from the County that
certain items be resolved on the Spring Creek Acres
plat before it will be accepted for recording:
Those items are:�that the vacated street within the
plat be added to the Torrens property description;
that the City land acquired by tax forfeit be more
definitively described; that the temporary easement
acquired by the City for Marie Avenue improvements
some time ago be released.
Councilmember Cummins moved that the City Clerk be
authorized to execute the proceedings subsec�uent
document relative to the vacated street action and
that the Mayor be authorized to execute a Lis:... :_.
Pendens document for easement release and Quit._.�,
��
Ayes: 4
Nays: a
PARK PLACE BID
AWARD
Ayes: 4
Nays: 0
Page No. 2�40
�May 19, 1987
Claim Deed to Lat 1, Biock 1, Spring Creek Acres,
to remove the tax farfait prapertg from the
description of the Lot.
Councilmember xartmann seconded the ma�ion.- -
The Council acknowledged the transcript of bids
received for canstructian af the Park Place
Addition public improvements.
Cauncilmember Cummins moved adoption a� Resolution
No. 87-43, "RESOLUTION ACCEPTING BIDS AND AWARDING
C4NTRACT F4R CONSTRUCTIC}N OF SANITARY SEWERS,
WATERMAINS, STORM SEWERS AND STREETS TO SERVE PARK
PLACE {IMPROVEMENT NO. 86, PROJECT NO. 12),"
awardinc� the contract to Orfei Contracting, Inc.
for their low bid of $433,859.21.
Councilmember Blesener secanded the motion.
Councilmember Witt arrived at ?:50 P.M.
HEARING - SPECIAL Mayor Mertensotto opened the meeting for the
SERVICE DISTRICT/ purpose of a public hearing on installation of
COMMERCIAL STREET �treet ligh�.s ln cammercial and industrial
LIGHT IMPROVEMENTS districts and establishment of a special commercial
�ervice district far opera�ion and maintenance of
the street lights. - _ �
Public Works Director Danielson gave a brief
presentatian, descrihing the areas in which the
lights are propased to be i.nstalled and informing
the auda.ence that the propased improvement wa�
initiated as the resu3� of petitions submztted by
Uni�ed Properties and Yark�on, Ltd. He estimated .
the totai project cost to be $459,000, e�3ained
the proposed as�essment formula, and showed
pictures of the suggested lights to the Cauncil.
Mr. Danielson informed the audience that MnjD4T has
promised to contribute MSA funds to assist in
financing the project and that the City proposes to
use Tax Increment District revenues for a portion
of the financing. He explained that through the
special taxing district {the industrial area in the
southwest area of the City and the Yorkton, Ltd.
comYnerciai area) praposed to be created, the City
could levy an annual tax to support operation and
maintenance of the lights. Mr. Danielson stated
that it is praposed to install lights on aIl �;�
con�tructed street� in the district and that the
lights would be energized on the vacant parcels as
they develop. . . . � _.._ . ... . .. .
Page No. 2441 ___ _ _
.May 19, 198?
Mayor Mertensotto asked far guestions and camments
from the audience.
Mr. Harald Kuller, representing Minnesota Knitting
Mill�, a�ked what the a�ses�ment wauld be for the
firm's prop�rty and whether a rreeds study had been
done. He stated that the majority of the buildings
in the industrial park have external lic�ht� which
are an-alI night, and suggested that this is a more
cost effective way of lighting. He also suggested
that since the petitions came from United
Properties and Yorkton, the lights should be
confined to their propertie�.
Mr. Dale Glowa, from United Praperties, stated that
hi.s firm� petition was made to two purpose�,
ambience - to create an environment in the business
park and positive impact on land values - and for
security. He painted aut that many of United
Properties tenants have requested lights, including
Cray Research, because of their concern over the
safety of empioyees who often work late into the
night.
Mr. Jeff Bartlett, re�resenting R.L. Jahnson,
stated that he has driven around the district at
night and feels it is well lighted now.
Mr. Kuller'stated t2�at the project would benefit
United Properties and those who build in the future
but would do little for tho�e who have already
�pent maney on lighting.
Cauncilmember Blesener asked why the district
wasn't extended to include Pilot Knob Road.
She also asked what kind of impact the praject
wauld have an the Tax Increment Fund.
Fublic Works Director Danielson respanded that
MnjDOT reconstruction af T.H. 13 at Pilot Knob next
year will change the area extensively and it seems
apprapriate to do nathing about lighting the area.
at this time. A
Trea�urer Shaughnessy stated that there is ampSe
money in the TIF to support a cantribution to match
the MSA participation.
Mayor Mertensotto pointed aut to the audience that
the proposed assessments could possibly be reduced
by as much as 50� because af the participation by
MnfDOT and the City's tax increment financing.
Mr. Kuller stated that he would have na obj ection .. ..--.: .. _. .
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
_Page No. 2442 _
�ay 19, 1987
to the project if the assessment praposed were
reduced by 50�,
There being no further questions ar comments,
Cauncilmember Cummins moved that the. hearing be
clased at 8:25 P.M. �
Councilmember Hartmann seconded the motian.
Councilmember Hartmann moved adoptian of Resolution
No. 87-44, "RE30LUTION ORDERING IMPR4VEMENT AND
PREPARATI4N OF PLANS AND SPECIFICATIONS FQR
INSTALLATION OF STREET LIGHTS.r'
Cauncilmember Witt seconded the motion.
Councilmember Blesener moved adoptian af Resolutian
No. 8?-45, "RESOLUTION ORDERING PREPARATI(?N OF
C?RDINANCE TC; FORM SPECIAL TAX DISTRICT AND DEFINTNG
THE LAND AREA TO BE INCLUDED IN THE DISTRICT."
Councilmember Witt seconded the motian.
Cauncil directed that staff provide them with the
infarmation an the amount of MSA participatian
priar to the date when the bid award is considered.
CASE NO. 87-09, Mayar Mertensotto opened the meeting for the
G& L PROPERTIES purpose of avpublic hearing on an application from
G& L Properties far the subdivisian and rezaning
of property lacated at Mendota Heights Road and
Highway 55.
Mr. Bill Pearson, representing G& L, stated that
the applicant.proposes the rezaning fram B-3, I,
and B-1a to I'north of Northland Drive and B-3
south of Northland Drive. iie stated that the
deveiaper praposes ta plat the property inta 7
parcels to provide for the future construction of
a restaurant and gas station super store service
area on the proposed B-3 praperty and a matel and
possibly offices an the industrial portion.
Mr. Lou Langer, owner of the property, e�lained a
property exchange rahich occurred with MnjDOT which
provides right-of-way for the south portion af
Northland Drive. He stated that there is a
triangle of city right-of-way� between Narthland and
his praperty and suggested that it should be
vacated by the City. � - -�� � � � - •- � . = -�•- - - -
Mayor Mertensotta responded that the Cauncil is not
in a pasition to respond on the requested vacatian .
at this time. - ; �: : �.: - -. _ .
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
____ Page No. 2443
. N,[ay 19, 1987
Public Warks Director Daniel�an stated that a
hearing must be canducted on a Comprehensive Plan
amendment which would be necessar� �.f the rezoning
is approved. He�recammended tabling any action on
the application until after the Comprehensive Plan
amendment hearing has beer� conducted.
There being no further questions or comments,
Councilmember Witt moved that the hearing be closed
at 8:4Q P.M.
Councilmember Cummins secanded the motion.
Councilmember B2esener moved that action on the
applications for rezoning and subdivision be tabled
to June 16th,
Cauncilmember Witt seconded the motian.
Mr. Langer asked that the property be included in
the lighting district if the plat and rezoning are
appraved.
FEASIBILITY Mayor Mertensotto opened the meeting for the
HEARING - STRATFORD �urpase of a continued public hearing on proposed
WOODS impravements to sarve the S�ratfard Waods addition
and adjacent areas.
Ayes.: 4
Nays: 1 Blesener
FIRE DEPARTMENT
.ANNUAL REP(?RT
FIRE DEPARTMENT
PERSONNEL . _ -
Public Works Director Danielson inforrned Cauncil.
and the audience that the developer had not yet
completed revisions to the final plat. He
recommended that the hearing be clased and that
actian be tabled until after final plat approval.
Councilm�mber Blesener �elt that the hearing shauld
be left apen far those people who apposed the
project at the May 5th meeting.
Mayor Mertensotto asked for questions and camments
from the audience.
There being no questions or camments, Cauncilmember
Cummins moved that the hearing lae closed at 8.45
P.M.
Councilmember Witt seconded the motion.
Fire Chief Maczko reviewed the 2986 Fire Department
annual repart and responded to�Canncil questions
and comments.
Fire Chief introduced Mil�e Marsculio and Ken = �
Wisenburger ta the Council and �secommended thei:r. _..: �_. . :
--- - - .. __ _. Page No. _2444 - -
• . M�.y 19, 1987
appointment to the Voiunteer Fire Department.
Councilmember Hartmann moved �o appoint Mike
"Marsculia and Ken Wisenburger to a one year
probationary period on the Fire Department,
effective June 1, 298'7.
Councilmember Witt seconded the motion.
Ayes: 5
Nays: 0
ENGSNEERING Council. discussed a mema from the Public Works
PERSONNEL Directar notifying the Council that the part-time
enginesring technician, Charles Whelan, has
resigned to accept an overseas job with the Army
Reserves. He recommended that Clayton Engel be
hired as part-time engineering techniczan.
Councilmember Witt moved that Clayton Enc�el. be
hired as a part-time engineering technician through
Octobar 1, 1987 at the rate af $7.50 per hour,
conditioned upon submi.ssion of a signed memorandum
af aqreernent relative ta unemployment compensation.
Gouncilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
POLICE DEPARTMENT The Council acknowledged ancl di�cussed a memo
REORGANIZATION �'rom the City Administ�ratar recammending
- � reorgani2atian in the Police Department to fulfill
job duties currently being performed by Captain
Lange.
Cou.ncilmember Hartmann moved ta abali.sh the
position af Palice Captain effective July 1, 1987
and to create the �asition of a third sergeant.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
METRO EAST The Council acknowledgeci a mema from the City
COALITION Administrator regarding participation in the Metra
East Coalition,,,a non-profit c�raup being formed ta
, pramote economic develapment in the ea�tern hal.� af
the metrapalitan area. The Council directed the
Adrainistratar ta invite a representative of the
group to attend a future Counci.l meeting.
PARK STUDY Mr, Barry Warner, af Barton Aschman Assaciates, was
present to review his letter dated May 6th
outlining cast overruns on developing the Henry -�� �
Sibley agreement and on the pramotional program and
to requast Gouncil cansidera�ian af additzonal
- compensation �'or the extra costs . -- •� � - , -
Page No._ 2445 _ _
. May 19, 1987
iie e�lained that meeting attendance, draf�
agreement revisions and engineering tasks all
exceeded what was envisioned in the agreement and
- casts assaciated with the Sibley athletic compZex
agreement exceeded the budget by $848. He alsa
stated that service� pravid�d on behalf of the
referendum exceeded the $5,760 contract amount by
$4,518. He asked that the City consider paying
Barton-A�chmann $2,259 above the tatal contract
amount, supporting half of the total overage.
Ayes. 3
Nays: 2 Mertensotto
Hartmann
AIRPORT STUDY
Ayes: 4
Mayor Mertensotto stated that the City has had a
good working relationship with Barton Aschmann and
would iike to have that rel.atianship continue but
that he would nat be in favar of granting any
cancessions over the casts.
Councilmember Cummins a�ked Mr. Warner whether he
had a.nformed the Admini�trator about the aver-runs
while they were occurring. Mr. Warner stated that
he had not, since he had been out af wark due to
illness and the work was continued during his
absence.
Administratar Frazell stated that no-one at Barton-
Aschmann informed him that they were running over.
He stated that the preparatian of shrink-wrap
graphics was not a part of the con�ract and that if
they were requested by �he Park Commis�ion, the
Commission did not know they were not included in
the agreement.
Councilmember B].esener�felt that the some
additional campensatian is reasonable, particularly
�ince the graphics were an extra item that was
requested o� the firm.
After di�cussion, Cauncilmember Cummins maved to
authorize $2,000 additionaZ compensation to Barton-
Aschmann for work which exceeded the contract.
Councilmember Blesener secanded the motion.
Councilmember Cummins volunteered for appaintment
as the City's representative on the Metropolitan
Council Airport Adequacy Study Task Force.
Cauncilmember Hartmann maved that Councilmember�
Gummins be appointed to serve an the Airpart
Adeqtxacy Study Task Force.
Councilmember Wi.tt secanded the motion. ���•
__- - - -. _ -. - - _ Page No. 2446
� . May 19, 1987
Nays: 0
Abstain: 1 Cummins
CaPPERFIELD III Mr. Dick Putnam was present ta request approval of
his applications for approval of rezoning,
,� conditional use permit for pianned unit development
and preli.minary plat for Copperfiel.d III and
Hampshire Estates.
Ayes: 5
Nays: o
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
WAGON WHEEL TRAIL
Mr. Putnam addressed concerns ��ressed by the
Council at the May 5th meeting and rev.iewed a copy
of the preliaminary plats which delineated the lats
which have a potenti.al �'or future encroachment on
the wet2ands areas. �Ie also described the passible
location of the scenic easement areas but indicated
that the easement have not yet been staked.
Mr. Putnam respanded to que�tions and concerns from
Cauncilmembers Blesener and Cummins about the
proposed lot� which are not 15,000 �quare �eet.
Administrator Fraze7,I infarmed Council that the
1.egi�lature has passed enabling legislation which
allows adoption of the proposed aircra�'t noise
attenuation orda.nance.
Council acknowledged a ietter from the Metropolitan
Gouncil appraving the City's Comprehensive Plan
Amendment. � .
After discus�ion, Councilmember Witt moved adoption
af Ordinance No. 232, "CiRDINANCE FOR AIRCR.AFT NOISE
ATTENUATSON."
Caunciimemb�r Hartmann seconded the motion»
Cauncilmember B3esener maved adaption af Ordinanc�
No. 233, "AN ORDINANCE AMENDING ORDINANCE NO. 401,"
rezoning Outlats A, B and C of the Copperfield
Second Addition and the King praperty (Hampshire
Estates preliminary plat) from R-1A to R-1.
Cauncilmember Witt seconded the motian.
Counci2member Blesener maved adopti.on af Resalutian
No. 87-46, "RESOLUTION APPROVING PLANNED UNIT
DEVELQPNfEi3T AND PRELIMINARY PLATS F4R TiiE
COPPERFIELD III ADDITION AND HAMPSHIRE ESTATES."
Gouncilmember Hartmann seconded the motion.
The Council discussed a mema from_the Public Works ..� ��
Director relative ta the caunty turnback af :Wagon. �:: :- .:... �� ::.
- - -- . _ __. - - - - - , -- __ Page No . 2 4 4'7
. .May 19, 1987
Wheel Trail to the City. Council discussed the
need for trails and expressed cancern over the
narraw shoulders, particularly at the curves.
Gouncilmember Hartmann moved ta authorize the Mayor
,� to execute the County's agreement for revocation af
Wagon Wheel Trail.
Ayes: 5 Councilmember Witt seconded the motion.
Nays: 0
RE�PONSES TO Gouncil acknowledged responses from staff regarding
COUNCIL CC7MMENTS 1987 MSA improvements, the conditian o� the yard at
662 Fourth Avenue, and prajecti.ons on the
profitaba.lity o� City operation of the Par 3 galf
course.
PART 250 STUDY Councilmember Blesener moved that Resolution No.
87-39, "RESOLUTI{?N GIVING QUALIFIED SUPPORT TO
METROPOLITAN AIRPORTS COMMSSSION PART 150 LAND USE
N[ANAGEMENT.PLAN," be submitted to the Metropolitan
Airport Cominission Part 150 P�ublic Hearing Examiner
as the City's comments for the public hearing.
Cauncilmember Witt seconded the motion,
Ayes: 5
Nays: 4
ADJOURN There being no �'urther business to come before
the Council, Councilmember Witt maved that the
meeting be adjourned to the Board of Review meeting
�o be held at 7:34 P.M. an May 20th.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays. 0 �
TIME OF ADJQURNMENT: 9:58 P.M.
Kath een M. Swansc�n
City Clerk
ATTEST:
C ar es E. Mer enso 0
Mayor
CITY OF MENDOTA HEIGHTS ____ _ _ _ _
MEMO
June 2, 1987
T0: Mayor, City Council and City Administrator
FROM: Rlayton H. Eckles, Civil Engineer � � -
SUBJECT: Sewers, Water, Streets
- The Ponds of Mendota Heights & Rolling Woods
Job No. 8622
Improvement No. 86, Project No. 9
DISCUSSION:
Bids were opened for The Ponds of Mendota Heights and Rolling Woods
project at 10:00 A.M. today. Staff received 13 bids (see attached
resolution) and the low bidder was Annandale Contracting, Inc. in the amount
of $263,781. The Engineer's Estimate was $301,000 and the feasibility
estimate for construction costs was approximately $380,000, so the bid is
considered a very good one.
Annandale Contracting, Inc. has not worked in Mendota Heights so staff
called three references. The ref erences were the City of Edina, Benton
County and McKomb Knutson Construction, all three of the references
indicated that Annandale Contracting is a competent and efficient
contractor.
RECOMMENDATION :
Staff recommends Council receive and approve the bids and award the
contract to Annandale Contracting, Inc.
ACTION REQUIRED:
If Council concurs with the staff recommendation they should pass a
motion adopting Resolution No. 87— , RESOLUTION ACCEPTING BIDS AND
AWARDING CONTRACT FOR CONSTRUCTION OF SAIVITARY SEWERS, WATERMAINS, STORM
SEWERS AND STREETS TO SERVE THE PONDS OF MENDOTA HEIGHTS AND ROLLING WOODS
(IMPROVEMENT N0. 86, PROJECT N0. 9) - -
,
0
City of Mendota Heights
Dakota County, Minnesota
RFSOLUTION N0. 87-
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
CONSTRUCTION OF SANITARY SEWERS, WATERMAINS, STORM SEWERS AND
STREETS TO SERVE THE PONDS OF MENDOTA HEIGHTS AND ROLLING WOODS
� - (IMPROVEMFNT N0. 86, PROJECT N0. 9)
WHEREAS, pursuant to an advertisement for bids for the proposed con-
struction of sanitary sewers, storm sewers, water and street, curb-and
gutter improvements to serve The Ponds of Mendota Heights and Rolling Woods
(which improvements have heretofore been known and designated as Improvement
No. 86, Project No. 9), bids were received, opened and tabulated according
to law and the following bids were received complying with said advertise-
ment:
NAME OF BIDDER
Annandale Contracting, Inc.
Annandale, MN
G.L. Contracting; Inc.
Hopkins, MN
Channel Construction Company, Inc.
St. Michael, MN
B & D Underground, Inc.
Mound, MN
Lake Area Utility Contracting, Inc.
Hugo, MN
Burschville Construction, Inc.
Lorretto, MN
C.W. Houle, Inc.
Shoreview, MN
- �Orfei Contracting, Inc.
St. Paul, NIN
Brown & Cris, Inc.
Lakeville, MN
Ceca Utilities, Inc.
Burnsville, MN
Austin P. Keller Construction Co.
St. Paul, MN
Crossings, Inc.
Prior Lake, NIIV
�
AMOUNT OF BID
$263,781.00
$267,644.16
$273,286.98
$282,352.90 -
$286,691.10
$287,361.20
$296,500.25
$296,895.76
$308,588.80 �
$311,553.70
$316,478.00
$328,066.52 .
0
F.F. Jedlicki, Inc. $348,592.50
Eden Prairie, NIlJ --- - - �� -- � -�
and
WHEREAS, the City Engineer recommended that the low bid submitted by
Annandale Contracting, Inc. of Annandale, Minnesota, be accepted. �
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Minnesota, as follows:
1. That the bid of Annandale Contracting, Inc. of Annandale,
Minnesota, submitted for the construction of the above described im-
provements be and the same is hereby accepted.
2. That the Mayor and Clerk are hereby authorized and directed to
execute and deliver any and all contracts and documents necessary to
consummate the awarding of said bids.
Adopted by the City Council of the City of Mendota Heights this 2nd day of
June, 1987.
" CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertsensotto, Mayor
ATTEST:
' Kathleen M: Swanson, City Clerk
� •
CITY OF MENDOTA i�EIG�i'rS '
APRIL 28, 1987 PLANNING COMMISS20N MINUTES
r The regular meeting of the Mendota Heights Planning
Commis�ion was called to order at 7:30 o'clo�ck P.M. by Chairman'�`
Morson.� The follawing members were presentz Marsari, Aridersan,
Burke, Duggan, Henning, Krebsbaeh, and McMonigal. Also present
were Engineer Klaytcn Eckles and Plannez Iioward Dahlgren.
APPROVAL OF
MINUTES
Ayes: 7
Nays: 0
Commissioner Burke moved approval o�` the
mi.nutes of March 24.
Commissioner Henning seconded the motion.
CASE N�, 87-03j Chair�ari Mor�an call.ed the meeting ta order
87-04, KING/TANDEM for�the purpose of a continued public hearing
REZONINGfSUB- on rezoning and subdivision of property owned
DIVISIC?N by Tandem Carporatian and Mr. .and Mrs . Wil.liam
Kinc�. Planner Dahlgren had distributed
rev�sed figures regardinc� the park
contribution for the sub�ect area and reviewed
those figure�, noting that 12.40 acres out of
a total land area of 139.6 acres would be
dedicated for park.area and that the Park and
Recreation Comm�.sszon accep�ed thi� dedica�ion
as proposed. Pi.anner Dahlgren noted that the
,, park deda.cata.on exc].ude� water as well as=.=. the
- land area ex�luding �rater.
�
0
Mr. Dick Putnam arrived to explain the new
shore. line established by the DNR and its
a.mpact on the park area. He noted that one
area of park was enlarged to 5.7 acres, and
several lots around the park had been adjusted
to meet the 100 foot setback, �o that now only
4 or 5 lats will not meet the 100 feet se�back
rath�r than 10-15 lots as in the original
prapasal. Se painted aut that there will be
68 new Iots in Copperfie3d III plczs three Iots
from Copperfield II, making a total of 71
lots,_ There will be 51 lots in the xampshire
Estates addition in'addition ta the'park area.
Four lots in Hampshire are 14,000+ square
feet, with the balance at or exceeding the
15,OA0 square foot lot sizes. '
Gommi.ssioner'Burke asked the 2ength of the
langer cul-de-sac and Mr. Putnam responded .
that it is about 400 feet�long. Mr. Putnam �` ,
noted that there are 5 lots less in the new �
plan compared to the older plan. _.. .._ __
Comm3.ssioner Her�ning noted that any approvals;�,::;:L���.�..
_1_ � . •
Ayes:
Nays:
7
0
Ayes: 7
Nays: 0
CASE NO.
ANDERSON,
DIVISION
J •
�
given tonight are conditioned upon approval by
the Metropolitan Council of the noise
ordinance and the southeast area comprehensive
plan amendment.
-�.
,3 s
Chairman Morson asked for questions or
comments from the audience, and there were no
camments. -
Mr. Putnam noted that the level of the ponds
will be regulated by pipes, and that some
wetlands permits would be asked for on a few
lots that are not deep enough for building 100
feet from the ponds.
Commissioner Henning moved to close the public
hearing.
Commissioner Burke asked i.f entrance to the
site from Delaware would be safe due to the
rolling terrain along Delaware. Mr. Putnam
noted that there will be no site problem once
the site is graded, but that the site problem
is difficult looking north along Delaware at
this time.
Commissioner Anderson seconded the motion to
close the public hearing at 7:58 P.M.
.�
Commissioner Duggan asked if the alignment of
Mendota Heights Road is changed, does the park
dedicatio.n�change also? Planner Dahlgren said
yes, it could, but there could also be
ad�iitional park land picked up in the area
south of Mendota Iieights Raad.
Commissioner McMonigal moved to recommend
approval of a conditional use permit for a
planned unit development, to rezone the land
as a PUD in accordance with the southeast area
plan, and to approve the subdivision of
Copperfield III and Hampshire Estates as
submitted, noting that these recommendations
are conditioned upon approval of the aircraft
noise ordinance and amendment of the southeast
area comprehensive plan. �'
Commissioner Henni.ng seconded the motion.
. _. � . . _ - ---.- ; �
87-07, Chairman Morson called the meeting to order
SUB- � for the purpose of a continued;public_hearing, _�.
for Carl Anderson's proposed�-subclivision of :-; �'� �- -_.-_.
' _ •�
.'_`i:�.» .
I3i21side Creek, Iocated in the area of First
Avenue/Vandal and Brookside. Mr. Anderson was
present and nated that he had spaken to Dr.
Bruce Andersan af District No. 1.97 rec�arding
Lots 1-16, Block 2, T.T. Smith �ubdivision No.
-3,�which is owned by.the S�hoal District. I�r.
Anderson noted that it is nat the desire of
the district to sell the"property at this
time, but t2rey wou3d Iike the capability to
sell it in the future and do not want it
landlocked. Mr. Anderson noted that he had
spoken to Mr. and Mrs. Kalaus, owners of
property to the west of his site, and offered
to sell them a stovepipe pi.ece of Zaad for
$2,000 plus asse�sments, but they haven't
decided what they wish to do yet. i3e also
no�ted that Mr. Ray Ghristensen would Iike ta
be included_in the plat. "
Mr. Anderson stated tisat Brookside would
extend easterly to Laura Court, but that Laura
Court, north and sauth, wauld not be improved,
and it was his plan to have Emerson Avenue
vacated only in this subdivisian. Iie nated
that as many trees in the iringe area will be
saved. �
Ghairman Morson asked for question� or
comineats ,fr�m th�e audience. �.
Mrs.. Ralaus, 1394 Clement, noted that �he had
asked far access to her lots,�but Mr. Anderson
said there could be no access without buying
some of his land. She did not feal that she
shanZd�have to buy additional land, since her
lots were large enough �o be buildable lots,
without having to purchase mare land.
Ghairman Morson felt thi.s should be warked out
prior to the next meeting. Iie noted that if
the cul-de-sac were�maved over, it wou.ld give
Kalaus' and Christensen access, and it wou,ld
be satisfactory ta both partie�... Mrs. Kalaus
asked about assessatents anci wa� told that
there would be assessments for water, street
and storaa sewer, but nat for sanitary sewer.
,
Mrs. Jose�h Bird, 676 Laura Court, expres�ed
concern w3th storm water drainage onta her
lot, since she has 165 feet of frontac�e.
Stafg was directed to address the addztianal
water concerns prior to the ne� meeting. •
Mr. � Ray Bur=aws," b68 ' First Averiue, asked which :, •'?:.
lots would be asses�ed. ' -. � --- j - -=" _ • . _ . � .. . ; �;�;a :�.�:���= _.
- 3- �
Ayes:
Nays:
C�7
G
.., •
0
�
There being no further questions or camments,
Commissioner Burke moved to continue the
_ public hearing to May 26, at 7s30 P.M.
Commissioner Rrebsbach seconded the mation.
. _�r� - - _
Commissioner Duggan stated that a survey
' addressing the tree coverage needs to be '
submitted as part of the subdivisicn process.
CASE Nt3. 87-08, Chairman Morson call.ed the meeting ta order
ST. PAUL'S UNITED far the purpose of a public hearing for a
METHODIST CHURCH, subdivision called Wesley.Addition, which is
SUBDIVISION easterly cf St. Paul�s Un�ted Methodist
Church, on Dodd Road b�etween Marie Avenue and
North Freeway Raad. Mr. Wi.11iam Gydesen,
Chairtaan af the Church Board, was present ta
e�cplain the request for five single family
lots an 6.83 acres. Xe nat�d that the lots
were roughly lOQ'x200' and conform to all
ordinance requirements.
Ayes: 7
_ Nays: o
Ayes: 7
Nays: 0
Chairman Mor�on asked for questi.ons or
comments from the audiance.
Mr. John Seiver, 689 Nor�th Freeway Road, asked
that the develaper nat raise the grade as he
doesn't want water problems in his yard. Mr.
� - Gydesen said the lots wi.11 dra5.n to Wesley -
Lane and that the grading p3.an wil2 address
. any potential drainage problems.
Mrs. Carla Prakash, 679 North Freeway Road,
noted that she appreciates the City's concern
with drainage.
CASE NO. 87-09,
�"' ,G&L PROPERTIES,
REZONINGjSUBD2V-
zszorr
There being no �urther c�uestions or camments
irom the audience, Cammissioner Harzning maved
to close the public hearing at 8:50 P.M.
Commissione= Duggan seconded the motion.
_ Comaiissione�= Duggan moved to recomttzend
�approval of the subdivision as pre�en�ed.
Cammissioner McMonigal seconded the motion.
Chairman Morson called the meeting to order
.��. `, : far �the �urpcsse of a public hearing �-on an - -- - -':: • ...
�., applicat�.an from G&L Properties fcr. :the �`�� : .
rezoning and subdivision of prcperty lccated '
at the southeast _ corner of Mendata .Iiezghts .�.- -�_�_:. .:_ --
.. - Road and TIi 5 5 . � - - - - � ;��,•. _ - � . � - . ,,.�.\ -�����:�_ � - _
� �Vv.tlri.' 1�1i V
. �� . . �,.. r _ . '' � � . _ . .. . ' �.."r�� , � . . � . .. - .... �
�
Ayes: 7
Nays: 0
Ayes: 7
Nays: 0
Ayes: 7
Nays: 0
� •
Mr. Bill Pearson, from G&L was present, as
well as Mr. Lou Langer, and Bill Price, to
explain the request. Mr. Pearson asked to -
� rezone the parcel to I and B-3, deleting the
• B-lA designation. iie noted that the
Industrial zoning could contain an office,
office warehouse, and/or motel. jhe B-3
zoning could contain a service station, fast
food type restaurant such as McDonalds, and a
sit-down type restaurant similar to Ground
Round. He also noted there would be a 60 foot
roadway through the site.
Commissioner Rrebsbach expressed concern over
landscapinc� on the site and wanted to be sure
it was satisfactory.
It was noted that any rezoning would require
an amendment to the comprehensive plan and
also that a 5% land dedication is required in
industrial/commercial zones for a park
contribution.
Chairman Morson asked for questions or
� comments from the audience. No one was
present for the hearing.
Commissioner Henning moved tct close the public
hearing at 9:16 P.M. -
Commissioner Duggan seconded the motion.
Commissioner Henning moved to recommend that
the City Council amend the Comprehensive Plan
such that the area outlined in blue on the
drawing shown at this meeting be planned to be
rezoned as Industrial.
Commissioner Duggan seconded the motion.
Commissioner iienning moved to recommend
- approval of the subdivision as platted and
that Block l, (the blue area) be rezoned. -
Commissioner Burke seconded the motion.
� - l �- -
. , ...__...--
Commissioner Rrebsbach, for discussion
purposes, felt that it would be most -
desireable to have the . parcel divided into ;.T.� �.s.. -� -
� three lots for two businesses (such as a �
' service station and a restaurant). �
- � .. - �._� . _ - _w �°- : . . :�.-.:. - .� �=. - - • . . _... . . ._
�
�
� r
CAC? CASE Nt'�. 87-03,
OLSEN, SITE PLAN
APPRflVALjVARIANCE
Ayes: 7
Nays: 0
�
The Commission was advised that Mr. Dav.id
Olsen wished to have the scheduled public
hearing,set for ne�ct month, as he did not have
his revised drawa.ngs availab3.e yet.
��
Commissioner Ar�s3erson moved to adj aurn the
public hearing scheduled for this +�vening and
to continue it to th� May 26 meeting. ' `
Commissianer Duggan secondec'� the mcstion.
CASE NO, 8?-10, Mrs. Julie Losleben, 815 Ha2el Court, was
LOSLEBEN, WETI�ANDS present to request approval of a wetlands
PERMIT permit ta allow construction of a 28 foot
above ground swimming pool on Lot 3, Simek
Rearxangement. It was noted that the
Losleben's had written approval from their
adjacent neighbars for the swimming poal
construction, whi.ch wou7.d be canstructed
within six feet of the pond. Jim Losleben
arrived at 9:28 P.M. to answer any other
question�.
i�yes : 7
Nays: 0
VERBAL REVIEW
MISCELLANEOUS
ADJQI;�R.N
, Ayes: 7
: _ � Nays : .. Q . . .
i
Gommissioner McMoni.gal atoved to recammend
appraval of the wetlands permit as requested
to allaw constructian af a 28 foot above
ground swimming pool at 815 Iiazel Caurt, such
ticc�nst�ruction to be within six feet of the-
pond. . �
Commissioner Anderson seconded the motion.
Deguty Clerk•DeLaRasa gave a verbal review af
the cases that had gone before the City
Council. �
A gentleman from Mendota was present for the
01.sen Critical Area Qrdinance variance and it
was pointed out to him that the hearing had
been adjourned, at the applicant's request, to
,_ the Ma�r 26 meeting. ; _ -,. -
There being,no further busi.ness to come before
the Commissic�n, Commissioner McMonigal moved
t�hat the meeting be adjourned.
Cammissianer Fianning seconded the motion.
._ . _:�:.� ..,._.., . . _ �-;�:.� .. „---, -_°. --- �� � =�: • - ..._ _ . .
� TIME OF ADJCiLTRN1�NT: ',.9:38 c' clock P.M.
• ..- �-,_ --� ..- � � ' .- . : - - - -. .. . " ,• " . . ,
n
�
_ �'
�
; . , r��rto
r •
� DATE: 5-�$-u7 �
T0; Mayor, City Councii and City m��atar �
. r
FRQM: Paul R. Serg
Code Enforcement Officer �
� � � . �
SUBJECT: Building Activity Repart for �1ay 1937
• CURRENT MONTfi YEAR TO DATE - 1��7 YEAR TO DATE -.1986
. N0. VALUATTdN FEE COLLECTED N0. VALUATION FEE COLLECTED N0. VALUATYON � FEE CQI.I,ECTED
HLDG PERMITS :� '• �
sFD 14 2,131,674.70 19,Q3Q.32 55 $,024,177.7£� 69,009.73 29 3,527,97$.25 ��3,529.61
APT: O O 0 O O 0 0 0 Q
G!I , 3 2;;400.00 104.65 31 8,873;,515.56 4�8,0�5.34 ' 8 3,027,500.00 la•,083.35
. rf�sc. 2t3 248 96� . 33 4 378. 28 a a� 1.�.��.;�; g�.� ; T:Br—
2,3$3,039.03 $23,513.25 157 17,507,16G.53 $L2J,84Q.2Q 99 G,953,154.21 43,372.Q1
SUB TOTAL 45
�
TRD PERMITS • �
Plbg : 6 � 151.00 64 �. 1,65$.00 37 $52.00
. Wtr -�'� `> 1Q 50.00 57 285.00 27 ' 115.00 '
' swr 7 122. 50 37 6n,7 . 5Q 13 � 2�Q, (�Q
Ntg, AC Il 3,73t�.00 91 ' i2,302.00 49 2,5�3.r0
�& Gas Pipe � ,
SUB TOTAL 34 $4,057.50 24� ' . ' '
�l�t,,E392.50 131 , : 3,$25.50
LICENSING � �
ContrBctor�s
Licenses 41 1,02,ri.00 312 � 5"
� �
,•'`� i20, 2,383,039.03 $�8,595.75 728 �17,507,16G.53 �150,532.70 456 a�6,953,150.21 $52,847,51
TOTAL �
. r
NQTE: All fee amounts exclude Sac, Wac and State Surcharge. AmaunCs shawn will reflect only permit, plan check fee and
�valuation amaunts. � t
i
i
�. t
�
0
Engineering Offices
CITY OF MENDOTA HEIGHTS
.May 22, 1987
Mr. Ralgh Oyen, Presiden�
Ivy Hi1.1 Tawnhouse Association
P.O. $ox 18030
West SC. Paul, MN SSII$
Subject: Subsurface Water Problem
Ivy Hill Townhouse Associatian
Dear Mr. Clapp;
Last winter Mr. William Clapp informed me af a serious subsurface water
problem that affects the townhome� located along the nor�h boundary of the
Ivy Hill Townhause complex. Z made a site visi� and discovered that surface
drainage from the north ran direc�ly �.oward the townhouses, �ha.t the parking
l.�t adjacer�t to them was breaking up due to soft, wet subgrade and that the
sump pumps in the basements ran al.most continuously during the spring and
o�her wet times. The sump pumps discharge into the City's sanitary sewer
and the Ci�y fias to pay �a have that water treaCed. A rough calculatian of
the amaunt of water that is being pumped into the sanitary sewer was sur-
grisingly large. The City is therefare very in�erested in seeing tl�a�
measures are taken as soon as pos�ible to eliminate the connections.
Qn March 26, 19$7, City drilled 3 four foat deep ho7.es along the north
proper�Cy line to de�Germine the water table depth. Even in this extremely
dry spring the water table was found to be anly 18 inches below the surface.
This high water table is obviously the cau�e of the problems. An ideal
solution to the water table problem wauld be to Iower the water table by
installing a drain �ile �ystem around the entire perimeter of the units and
under the parking lat and then drain it by gravity inta �.he City's starm
sewer system in the area. This solution would be extremely costiy, so
perhaps a good first step wou�.d be to install a drain tile line that par-
allels the north lo� line. This would intercep� subsurface drainage irom
the north and lower the watertable in the area af the parking lot and
tawnhouse basements. This lzne should be insta�.Ied at such an elevatian
that graviGy leads from the existing dr ain tiles araund �he basements could
be connected to the sys�em and reduce or eliminate the amount af time the
sump pumps run.
750 South Flaza Drive • Mendota Heights, Minnesota 55120 • 452-1086
_.
Mr. Ralph Oyen, President May 22, �1987� �
Ivy Hill Townhouse Association Page Two
The problems caused by this high water table have become a nuisance to
the City and must be corrected by the owner of the affected �roperty. I am
enclosing a-detail of a suggested drain tile installation together with a
' site plan for where it could be installed. A rough estimate of the costs
are $10,000. If the townhouse association does not complete the work and .�
the City is forced to correct the problem by special assessments for local
improvements the costs could be increased by as much as 75 percent on
account of our overhead.
I hope this information is helpful, please advise me of your intentions
in this matter.
Sincerely,
� . ��%���i�'���
ames E. Danielson, P.E.
Public Works Director
JED:dfw
Enclosure
cc: William Clapp, Treasurer
Mendota Heights City Council
,
2
"�il
. �. .� .. • . , +•-••_ , ... . w•Y'µ• r•L�Cr' ,�R�`� _ . ' ..�a . µ _ .
_.""""' r'..s
... �. ,� -. � ' . .... . - 7'..i rwv' .i ..... '.. .3".- • ... -.a�:. . . ... . .._t�. _ s . . . .
It ha� c�ne to my attent.ian recently.�hat there is a strong�iikeli- ,
�a�:_
's
;xs e.
.'X,
r j�.�
y�-+ '
i6i.._7
, '
�
e
-- - WILLIAM W. OWENS, III � �
1831 Walsh Lane
Mendota Heights, Minnesota 55118
(H) 454-7684 (W) 298-3856
High School - Saint Paul Academy, 1965
College - Windham College, 1969
BA,^Economies
Occupation - Minnesota Mutual Life, Director of Agencies
o Responsible for the development and supervision of approximately
30 sales offices situated in major cities in the eastern half
of the country.
Activities - Saint Paul Academy/S�nit School
o Alumni: Class Secretary, 1974-198�4
o Altunni: Association Board of Directors, 1982-1985
o Fund Raising Chairman, 1985
- St. Paul Jaycees 1972-1977
o Past Vice President and Director
o Served as Chairman of various co�itteess
o Voted outstanding Vice President and Direetor
o Chair�i the first Hugh 0'Brien Youth Leadership Conference,
a national award winner
o Received district and state awards
,
Family
- St. Paul Winter Carnival
o Special events Director, 1977
o Member Vulcan Krewe, 1985
o Member Order of Fire and Brimstone, 1986 - present
- Mend-Eagan Athletic Association
o M�ber Hockey Policy Co�nittee, 1983 - present
o Chairman Hockey Policy Cocranittee, 1986 - present
o Mite hockey Coach 1982-1984
o Traveling hockey Coach, 1986-1987 '
o Squirt hockey Director, 1985 - present�
o Youth soccer Coach, 1980-1985
- St. Paul Rotary
o Member 1983 - present
o Member Youth Leadership Conference Comnittee, 1987
- Wife, Mary, is a Special Education Aide for Dakota County;
children, Billy (11), Christopher (10) and Kara (7). ._
0
CITY OF MENDOTA HEIGHTS
MEMO
May 29, 1987
TO: Mayor, City Council and Cit ��i strator
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: MWCC Charges
HISTORY
For the past two years, we have had substantial make up
bills for our billing adjustments which have created a major
problem in the total amount due to MWCC for sewer charges.
During the past year the staff has been working to come
up with some sort of stable billing base which reflects a
more reasonable volume of sewer until such time reliable
readings can be obtained on the actual sewer flow.
We have recently received an estimate of our 1986 final
billing which seems t-o reflec"t some headway towards
stabilizing the billing. Based on the estimated bill, we
will be charged for 556 mm gallons as opposed to our estimate
of 575 mm and a 1985 actual of 569 mm.
Instead of an additional charge of $121,089 as we had in
1985 (payable 1987) we will end up in 1986 with a credit of
$6142 (payable in 1988). This should work out to a total
payment of about $490,000 in 1988 as opposed to a payment of
$557,047 in 1987. While the improvement is small, it is a
step in the right direction.
Engineering reports that the MWCC is currently
installinc� a new type of ineter at the Headhouse, which might
at last give us an actual flow base which we can use to
measure results of actions which we take to limit the inflow
� problem.
ACTION REOUIRED
�� Memo is for information only, no action required.
LES:kkb
�
c9 May_198i
Fr-i 4:22 �'M
Cash Acct Descr Cash Dak Cty Bank
Ternp Check Number 538976288 _
--•- -- - -- • --•- ---• --__ _ __. _ ..__ _. ---- - -
Vendor Invc�ice
AT&T '
RT&T
ATAT
AT&T
AT&T
AT&T
RT&T
AT&T
Chapin Publ
DCR Carp
DCR Carp
DCR Cot,p
Dennis Delmon£
F"ischers Gas
Kevin Frazell
ICMA RC
ICMA RC
ICMA RC
ICMA RC
Raul Kaiser
Tom F:nuth -�
T��m Kn�ith
T��rn Knuth
Torn Knuth
T��m N.nuth
Tom Knuth
Tom Knuth
Guy Ktillander
LELS
Mir�ries�ta Tearnsters Lac 3c0
Nc+rthern St�tes Power
Nnr^thwestern Bell Telephc,r�e
Northwestern Hell Telephane
N��rthwester,n Bell Teleph�r�e
Narthwester^n Hell Telephone
N��rthwesterr� Bell Telephone
Northwestern Bell Telephone
IVorthwesterr� Bell Telephc�ne
Oakcrest Kennels
Oakcrest Kennels
Oakcrest N.ennels
Duane Selander
L E Shaughnessy Jr �
L E Shaughnessy Jr
L E Shaughnessy Jr
L E Shaughnessy Jr
L E Shaughnessy Jr
L E Shaughnessy Jr.;._K,__ ..,_;_.. ., , �,.,,,:_,
Unpaid Re cer-
City of Mendc�ta Height=_
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0 E 01-4�@�D-600-1�
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Q� E @1-4134-11Q-10
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0 E �1-4268-150-3�
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0 E c9-441.�'.i-838-Q��
0 E 2�5-4415-1�5-1.i
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0 G 01-cQi75
0 G 01-��75
0 E �1-4'2.11-34��-50
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0 E 01-421@-0�0-2Qt
� E Qi1-4c1�-315-3�1
0 E 01-4c10-050-54a
0 E @1-4�1�-id70-7�
0 E 05-4210-i�D5-1:,
Q� E 15-4� 1 �-Q�60-60
Q� E 01-42^c1-800-'30
Q� E 01-4��5-8�D�-9V�
0 E 01-4�25-800-9V�
@ E 01-4415-�00-7�
0 E 01-4��0-132-10
0 E QS-42��-1��-1.�,
0 E 21-4'�20-1��-00
0 E 1E-4�2�h-13�-@Z�
0 E 03-422�b-132-0�d
;,, 0 E., , 14-4cc0-132-Q�D
---�-�" Descri pt ion"
�
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F'age 1
, "f r 3 � . +'a�ti �
_____...____.--- - --------Amc+unt --___ _
LD Calls
LD Calls
May ser^vice
May service
May ser^vice
May service
LD Calls
LD C�lls
Rd for bids, 86-9
J�ine rent
Jur�e rent
J�_tne rent
June mileage �llawance
Headl�rnp
J�_ine mileaoe allowance
5/8 payroll
:,/�� pr�emium
5/8 payr�ll
5/.'_'2 p�yrull
M�y service
Mileage all�wance
Mileage
Mileage
Mileage
Mileage
Mileage
Mileaoe
Mileage
D�_ies
May d�_ies
Street Lights, M�y
May service
May service �
M�y service
May service
M�y service
May service .
May service
Retainer
Impnund fees
C�lls & cruise tirne'
J�.ine rni le�ge al lc�wance
May services
May services
M�y services
May services
May services
May services , .
1 c. 77
0. 81
8. 42
8. 4�
8. 4^c
�7. 84
1. 17
2. 58
79. 56
1, 60i. @Q�
90.c.i. Q��
1, 6e",4. �0
2^c0. 00
18. 00
i�s.ma
69. 60
69. 60
%.i. �J
7�. 95
B..JG. {Z�0
i¢�. ¢�a
7. 98
�7. 3�
5. ^c5
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4. 83
44. 31
18. 15
148. 00
144. Q�Q�
335. 48
�87. 01
�11..;5
117. 14
72. l i
115. 18
77. �9
354. 76
75. 0ib
85. �e10
50. 00
40. 0�
1, 1^cl. 40
106. 80
160. 2@
24�. 3Q�
53. 4�h
... .__ 801. @0
'c9 May ' _
Fr i 4 : t 4 . . ... - • ' -' � - -
C�sh Acct Descr � Cash' Dak Ct'y Rar�k
Ternp Check Number �.;8976�88
Vendc,t^ ' ' - - ' ' Invaice ' F'.O.
L E Shaughr�essy Jr
United Way St Paul
Creative Colars, Inc.
Ernplc�yee Health Systerns
Fire Instructors Rssn
NCS .
Schom�ker Cor�str�_�ctian
6regg G��rid
State Agency Revolving F�_ir�d
State Ager�cy Revolving Fund
State Agency Revc�lving Fund
State Ager�cy Revc�lvir�g F�_ind
State Rgency Revolving F�_ind
State Rgency RevGlving Fund
St�te Ager�cy Revolving Fur�d
G�_m Club Lake WMO
RFWA
AF'WA
AFWA
AF'WA
City af St. Faul
C�lumbi� Instit��te
LMCIT HP C/O �EEtP - 04133
LMCIT HF' C/0 EbP @4133
LMCIT HF' C/0 E�P Q�4•1�3
LMCIT HP C/O EEtP . a4133
Br-aun Engineering 06031
�r,ezt Westerr� Irc�n R Metal 1@E59
Palice F'r��duct News 11859
Western Life Ir�sur�ance Co 1189�d
Western Life Insurance Cc� 11890
Crawford D��c�r 12'�573
Nati�rial Guardian Security Svc 12646
Natian�l 6uardian Security Svc 1�646
N�tional G�_iardian Security Svc ic646
Snyder� Drug St� �res l�GJJ%
Snyder^ Drug Stores 13E�JJ8
Snyder, Dr�_�g Stores 13ErJJ9
Capy Equip C� , 15695E
Copy Equip Ca 1�6��6
Copy Equip Co 157:,81
Copy Equip Cr_� 157E89
J L S�iely Co 17�+45E
J L Shiely Cn 17075E
J L Shiely C�� 17�766
J L Shiely Co 17�769
J L Shiely Co 17a776
Kn�.itson Klean Sweep- ` � • . 1784
Unpai� gister
City af In� ta Heights �
Account C�de• '
0 E 15-4c'20-132-60
Q� G 01-2�7Q�
0 E 01-4335-�15-�0
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0 E �1-41:�1-��'��d-c0
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0 G 01-�@74
0 E 27-4�:;6-836-00
0 E t�'1-43@5-05a-50
0 E 01-44�2-02@-'��
0 E �1-413�-@�1-30
@ E Q�1-413�-�31-30
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0 E 01-4330-49�D-50
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0 E ai-4�Q�5-03a-30
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0 E 05-43@0-105-15
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0 E 01-44�2-@70-70
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- Gage 2
. . . - Descriptiorr''-`.-, :: , -- ^- . _ -. - +-� Amaunt �• --
May services 186.�@
Deductians . . 91.00
• Paint & rollers • � - -�- �- 175.0�D
Marasculio ex�rn 185.00
Cannally rnernbership S. Q�
F�ayroll consultatian 130.0m
Refund a/chg permit 5EE9 64.73
Mi leage ` � �@. 82
Admin. fee 5. @3
Adrnin. fee �. Q�3
Adrniri. fee 5. Q3
Adrnin. fee 5. �3
Rdmin. fee 5. Q��
Adrnin. fee 5. Ch3
Admin. fee. 5.01
5hare �f wetlands inv'try EE0.44
Membership dues 37.@0
hlernbership dues 1'.='.34
Membership dues 1�.33
Mernbership dues 1�..;3
Fir�gerprir�ting �3. 40
Mn. Econ. Sumrnit - Frazel 15. ��
J�_ir�e premi�arn 7.38
J�_ine premium 3E9.43
June premi �arn 129. 74
June dental _. , 144�. 31 .
Imp 87� prG� 7 200.00
Peams 36. 00
Reriewal 17. �5
Life irisurarice 118.'3@
Credit - J. Nelson 49.20cr
Fire static�n repairs �53.9E
May rnair�ten�nce 29.98
May maintenance 29.�8
.
May rnair�teriance 29.97
t+`lisce= ie.neous �2. 76
Wax iF cnrome polish 53.a1
Car WaX 5.19
Mylar la.l�
Map updates 20.77
Supplies 10.^c3
Maps 4�. E3
Class 5 r�ck 4�.59
Rec r�ack 36.93
Rec Rack �6.68
Rec rack 43.08
Rec rt�ck 36.48
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Cash Acct Descr Cash Dak Cty Hank
j �Ternp Check Nurnber 53897E288
Vendc�r Invoice P.
� Comm�anicatior�s Center 5915�'
Comrnunications Center JSSJ�
,� Communicatians Center � 5�1�3
Conim�mications Center J�IJ.i
Comrnunic�tians Center 59153
� First Tech 6@7�9
West Weld E5424
West Weld E.i4�4
� West Weld 65424
B&J Autc� S�.tpply 65642
PRJ Aut�� S�_tpply 6564�
� E�&J A�_it�� Supply 6E045
Tract�r S�_ipply Co. 681�E6
Earl F Andersr_�n Rssoc 7�438
y Earl F Anderson Rssoc 70438
E�r•1 F Ar�ders��n Assrc 70438
G�pher Athletic 7050939
Pr-��ex 70817
% F�rc,ex 7@895
F�roex 7�987
Prt�ex 7m99�
-1 Uriifor^ms l'Jnlirnited 73a77
So�_ithview Chevralet 7382
� Unif�rms Unlirnited 789�6
• Dcdd Technic�l C��rp. 8009
Reliable 8294�3
Viking F�awr� Shap 871�d25
� Pitney Br�Wes Cr^edit Carp 878158
Commissioner af Tr�ansp+�r�tati�n 99442
Tatals Temp Check Number 538976288
Tr_�t�ls Cash Acct Descr Cash Dak Cty E�ank
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City ��f Mendrta Heights _
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Description
Tar�e board
Tone br�ard
Balance radio systern
E�al�nce, r�dio systern
L�alance, radio system
, S�ftware
Maonets
Magnets
Magr�ets
F'arts, 2'29�
Misc. parts
Wiper blades
Supplies
8" n�_unbers
8" numbers
8" rn_irnbers
Caps
F�hc�t os
F'hotos
Phatr_�s
F'hatas
Jacket
Repairs #c^c'�S
Miscellaneaus - Wicks
Printer Mainter��nce
S�_�ppl ies
St!�ler� prop. r^ecovery
Lease payrnent
Signal�Maintenance
�
Arnaur�t
50. 0a
.�0. �h0
1, 98:,. 38
1, �85. 39
1 � 985. 39
811. 00
14. i l
14. 11
14. 10
8@. 60
41. ^c8
14. 64
ic8. 96
5. 47
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S. 48
254. 45
4. 56
7. �0
1. 86
10. 00
Y1.95
lc. E��D
�4. 76
276. Q0
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.58. �J
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8 . J 1
B�D, 65�D. 48
8�, 650. 48
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80� E50. 48
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Manua Checks , � �' . ,
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. 1140? 3,571.77 SCCU 5j22 Payrall '�'��'
. , 11408 325.00 Dak. Cty. Bnk Payroll Ded. .`,-,�..
11409 9,039.76 Dak. Cty'. Bnk. FICA, FTT, Medicaxe •
� 11410 29,d51,06 City Men. Iits. Net Payrol3 � �'�
' 11411 5, 267.00 PERA ' .�;�;' �
,� � 11412 50.00 Dept. of Nat. Res Pex-tni� AppliC. ' .. "�.•�.;;.,
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LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
ON JUNE 2, 1987
Excavating License
`Carlson Sewer Co.
,Johnson Excavating
General Contractor's License
Conway Construction, Inc.
`•Eagan Pool & Spa, Inc.
Homes You Finsih, Inc.
Kandi Roofing Company of Minnesota, Inc.
Kurth Construction, Inc.
London Brick
L�ukas Construction Conp.
Oasis Pool and Spa
�Frestige Pool & Patio
Heating and Air Conditioning License
- Supreme Heating and Air Conditioning
flasonry License
�akota Rhodes P�asonry, Inc.
Krumwiede Construction, Inc.
0
CITY OF MENDOTA HEIGHTS
MAY -26,- T987 �PLANNIlJG-�COMMISSION MEETING . - -" -
The regular meeting of the Mendota Heights Planning Commission was
called to order at 7:30 o'clock P.M. by Chairman Morson. The following
members were present: Morson, Anderson, Burke, Duggan, Henning and
_ McMonigal. Sandra Rrebsbach was absent. Also present were Director of
Public Works James E. Danielson and Planner Howard Dahlgren.
=�� -
APPROVAL CfF' Commissioner Anderson moved approval of the minutes of
MINUTES April 28, 1987.
Commissioner McMonigal seconded the motion. _
Ayes: 6
Nays: 0
CASE N0. 87-07 Chairman Morson called the meeting to order for the
ANDERSON, SUB- purpose of a continued public hearing for Carl
DIVISION Anderson's proposed Hillside Creek subdivision. Mr.
Anderson was present and noted that he had now modified
his plat to include property owned by the Christensen's
and Kalaus's. These properties were previously land-
locked properties located west of his plat. Mr.
Anderson proposes to donate some of his land to the
Christensens and Kalaus' to give them access, in return
they will need to agree to build homes on the lots using
his covenants, concerning size and quality of construc-
tion. .
Mr. Anderson stated that he had now located the existing
creek on his subdivision and has shown a pickup being
installed to drain it into the storm sewer system. He
had not resolved any of the other storm water questions,
however he was willing to do whatever was needed. He
stated that he preferred to drain into an open ditch
along Emerson right-of-way east to the�Ivy Falls Creek.
Mr. Anderson stated that he still had not completed his
tree survey drawing.
Commissioner Henning asked why Mr. Anderson would want
_ . drainage to be in an open ditch, to save money? Mr.
Anderson responded that he wanted the ditch for aesthe-
tic reasons but if a pipe were found to be more satis-
factory that was acceptable. �
Mr. Joe Bird, 676 Laura Court, asked what would happen
to the vacated Emerson Avenue land.
Howard Dahlgren replied that an easement for drainage
and utility purposes would be retained and the fee owner-
ship would revert to adjacent property owners.
C
Mr. Ray Christensen, 1356 Clement, asked lf the proposed
--- -- -" grades �were shown. - Mr: Anderson responded that they - -�
were.
Commissioner Henning asked why Mr. Christensen was con-
cerned and he responded that his lot was steep and he
wondered how it fit the new grades.
°� _ Mr. Anderson replied that individual lots would be
" graded during home construction. �
Commissioner Henning moved to close the hearing. Com-
missioner Duggan seconded the motion.
Ayes: 6
Nays : 0
Commissioner McMonigal moved to recommend approval of
the preliminary plat subject to the f ollowing condi-
tions:
1. Retention of a utility and trail easement along
Emerson Avenue.
2. Final approval of the utility layout by the City
Engine er .
Commissioner Burke seconded the motion.
Ayes: 6
Nays : 0
Commissioner Burke moved to recommend approval of wet-
lands permit to allow construction of the subdivision
within a wetlands boundary.
Commissioner Henning seconded the motion.
Ayes: 6
Nays : 0
VERBAL REVIEW Because it was not the correct time to start the next
_ _ public hearing, Public Works Director Danielson gave a
verbal review of the cases that had gone before the City
Council.
,
CAO N0. 87-03 Chairman Morson called a continued public hearing to
OLSON RFSIDENCE order for the purpose of considering a Critical Area
Ordinance (CAO) bluff line setback variance.
Mr. David Olson was present to explain that he had been
meeting with his neighbors in advance of the hearing to
present his proposal. His original proposal did not
meet their approval therefore he requested last meeting
that the hearing be continued to tonight so he.could
make the modifications to meet their requests. He has
redesigned his home to be of a more "standard" design.
-- ���� � He still need�s a 11 foot variance to the setback though.-
Howard Dahlgren remarked that he feels the home can be
moved father forward such that only a 5' variance would
be needed. He also stated that some 1:1 slopes on the
grading plan should be flattened out.
"� - Commissioner Henning stated that being as the neighbors
no longer object and due to the fact that several other
homes in the area have been granted variances, he has no..
• problem with the proposal. _
Commissioner McMonigal agreed.
Commissioner Duggan asked if moving the home forward
would adversely affect the neighbors sight lines. Howard
Dahlgren responded that it would not.
Mayor Bob Bruestle of Mendota stated that every time
another roof and driveway are added in this subdivision
it increases the drainage into Mendota. He said homes
from this subdivision can be seen from Fort Snelling.
He also said that Mendota and Mendota Heights are pre-
sently working to come to an agreement on joining a
watershed district and asked that no more development be
approved until the Mendota/Mendota Heights drainage
problem is resolved.
Commissioner Anderson stated that there are existing
homes on both sides of this lot and asked if Mayor
Bruestle had notice any difference in dr ainage since the
development started. �
Mayor Bruestle responded Yes, they certainly have.
Commissioner Henning asked what was Mendota doing to
resolve their storm water problem?
Mayor Bruestle stated that Mendota has spent $600,000 -
$800,000 on a storm water system and that doesn't work.
TKDA, consulting engineers were hired but their efforts
to date have failed.
,
Chairman Morson stated that the Planning Commission was
not here tonight to solve Mendota's storm water problem
but only to decide if a single family home can be built
5' nearer the bluff line than the CAO allows.
Commissioner Duggan stated that it is obvious that the
Commission is not going to deny this construction to-
night, has Mendota looked for some engineering solutions
to their storm water problem.
Mayor Bruestle responded that Mendota does not have a
� � City Engineer. . . _
Commissioner Anderson moved to close the public hearing.
Commissioner Duggan seconded the motion.
Ayes: 6
Nays: 0
Commissioner Anderson moved to recommend to the City
Council that a 5 foot variance to the bluff line setback-
be granted in lieu of the requested 11 foat variance.
Commissioner Duggan seconded the motion.
Ayes: 6
Nays : 0
CASE N0. 87-11 Commissioner Morson called a public hearing to order to
STALDER SUB- consider a subdivision approval for Dale and Elizabeth
DIVISION Stalder located at the northeast corner of Wachtler Road
and Wentworth Avenue.
Ayes: 6
Nays: 0
Mr. Paul McGinley, surveyor was present to give the
details of the request. He began by stating, that in
order to avoid the added expense of platting which is
required when a lot is divided into more than 2 lots,
the applicants are changing their request to be a simple
lot division and have only two new lots. These lots
would be; Lot A as one lot and Lots B& C would be
combined and be the other lot. ' -
Chairman Morson asked that if the City granted this
subdivision now could the Stalder's come back next year
and get a simple lot division approved for the remaining
larger lot?
Howard Dahlgren responded No, any further subdivision
would need to be done by platting.
Commissioner Burke asked what was the cost difference
between a simple lot subdivision and a plat?
Mr. McGinley said that it was about $1600; $600 for park
dedication and$1000 f or surveying, abstract updating and
county plat checking fee. �
Commissioner Burked moved to close the hearing.
Commissioner Henning seconded the motion.
Commissioner Duggan moved to recommend approval of the
simple lot division to the City Council.
.
_ . _ __ �_ _ . _ _ _ _ ___ _Commissioner Henning stated that_ he felt the motion
should be phrased to inform Council of some.conditions
of approval, because what was being approved was dif-
ferent than the written information presented to the
Commission.
Commissioner Duggan changed his motion to be: Recommend
approval of a simple lot division for the east 115 feet
of Lot 35, Auditors Subdivision No. 3, as shown on the t
submitted drawing dated April 4, 1987, Revised April 21,
1987 and that lots B& C be combined and the line
between them eliminated, and subject to the applicant
agreeing to dedicate the needed right-of-way for
Wentworth Avenue and Wachtler Road as determined by
Dakota County, and subject to appropriately revised
drawings being submitted in time for inclusion with the
City Council agenda packet. Motion seconded by Commis-
sioner Anderson.
Ayes: 5
Nays: 1-Henning
CASE N0. 87-17 Chairman Morson called a public hearing to order to
NONNEMACHER consider granting a wetlands permit to allow
WETLANDS PERMIT construction of a single family home at 1049 Douglas
Road.
Mr. Tom Nonnemacher was present to discuss the details
of his application. _ y
Chairman Morson said he had visited the site and stated
that he felt constructing a home on the site would
improve the neighborhood. He asked Mr. Nonnemacher if
he would grant the City an easement f or the drainage
pipe on the west side of the lot.
Mr. Nonnemacher said he would but asked if the City
wouldn't need some more easement from the lot to the
west.
Mr. Joe Coopersmith, 1059 Douglas Road, asked if the
storm sewer pipe would be extended. Mr. Nonnemacher said -
that he would be extending the pipe to the rear of his lot all
at his own expense.
1
Mr. Stuart Steiniman, 1046 Douglas Road asked if there
would be any pile driving.
Mr. Nonnemacher said no, there was poor soil but that he
was going to do soil exchange not pile driving.
It was explained that this lot did fall within the
City's Critical River boundary and that the mound of ,
fill placed on the site had a slope in excess of 40% but
. . .
that staff felt the mound was artifically created and
y �� � should not be construed as bluff. The Planning Com- , �
mission agreed.
�
Mr. Mark Hoffman, 1045 Douglas, asked how close to the
City's holding pond will the construction be?
Mr. Nonnemacher said he is attempting to preserve as �
much wild character as possible but that the construc- ° -
tion would be within 45 feet at the rear lot line .`
Commissioner Henning moved that the hearing be closed.
Commissioner Duggan seconded the motion.
Ayes: 6
Nays : 0
Commissioner Henning moved to recommend granting the
wetlands permit subject to the applicant granting the
City a 10 foot wide drainage and utility easement along the
west side of the lot and subject to him extending the
City's storm line through to the north property line at
no expense to the City. Commissioner Duggan seconded
the motion.
Ayes: 6
Nays: 0
ADJOURN There being no f urther business to come before the
Commission, �ommissioner-Anderson'inoved that the meeting
be adjourned.
Commissioner Henning seconded the motion.
Ayes: 6
Nays: 0
,
TIME OF ADJOURNMENT: 9:36 o'clock P.M.
,,.-.,.
�r r�
0
I'.evir� Fr�azer,
City Mar�ager,
City c�f Mer�cic�ta Heights
75� Sc��_ith Rlaz� Dt^ive � �
Mer�dc�t� Heights, MN. JJ1��
Dear� Kev i r� :
Or� Sur�d�y, Apr,i 1 i�th ther,e was a Fi.�r,lc�r��
Additir�r� N�ighbc�r,h��_�d mPetir�g h�ld at the VFW
C1�.�b ir�� Mer�dc�ta. Ther,e ar,e 35 prc�perty c�wr�er^s
cur�r,er�t ly 1 ivir�g ir� this ar,�a. Ther,e w�re �1 c�f
t hese pr�c�pert y c�wr�ers i r� at t ar�dar�ce. t see
ai:tach�d �igr�Pd �tter�dar�ce sheet ). f�fter� ni�_�ch
1:h�c�ttghtfttl disctissi���� the f��llr_�wir�g was decided
by ma.j ��t' i�L y vr_�t e:
Stat�.�s ��_�c� c�r� much r�eeded m�ir�icipal ser,vices
is r�c� lr�r�r�er� acce�•ta�l�. The degr,adat i�_�r� ar�d
pc�lutic�r� c�f Lake Le May is a ser,ic�us ec�r�cerr� c�f
al l. In ��r,der, t�� pr,e�er�t the city ct�unci 1 with a
unified r�eighbc�r�hc�c�d p��sitic�r� ��r� the futur,e
mur�icinal irnpr���verner�ta9 which cc�t�ld ir�cl�.�de
sewer^, wat er,, curb and g ut t et^, and st rYeet
pavir�g. We ar,e r�eq�_test ir�g c��rnplete ir�f�_�rr����t ic�r�
t�r� the fc�ll��wir�g issues:
1) What are 1: he c�.ir�r,er��t and f�_�t �_�r,c� p 1 ar�s
r_�f the city c�f Mer�dc�ta Heights ir� r,egat^ds tc�
the pttr�cha�es ��f al l th� �r,� �pert ies irr th�
Fut'lr_�ng additic�r�, ar�d as tc� the use c�f thi�
1 and f+-�r� c�_�mmer,r_ i a 1 �_�r� i nd �.�st r� i a 1
develc�pmer�t? �
�> What is the ci�y af Mer�dc�ta Heights
c�_�rr,er�t ��r�d f�_�t �_�r,e p��s i t i�_�r� as t c� t h e
pc�ssibilty c�f the MAC buyir�g the Fur�lc�r�g
addit ir_�r� �r�d ther� r�es�l l ir�g fc�r, c� �r�imer��i�l c�r
ir�d�istr�ial develc�pement? ' (a� w�s dc�ne
accr,_�ss liighway i�JJ�
} •
,• f , . -J
3) Wh�t is the city c�f Merid��ta Heights
��_ir�r�en1: ar�d f�_tt�.tr�e �lar�s t�� help r�es��lve the
�ir,cr�aft r��c�ise pr,c�blern ir� the city �c�f M�r�dc�ta
Heights? `
�F) What are the f�c�r,mal publ isherJ rest�lts
��f the er�gir�eer�ir�g st�_�c�y ��f � few yPar,s ag�_�
as tc� the ar�ticipated cc�sts fc�r, each pr�r�per^i:y
c�wr�er� ir� 1:h� F�.�r,l�.�r�g Add it i� �r�, f� �r• city
sewer,, wat er�, �nd st r�eet i rnprc�verner�t s?
Kevir�, aur, r�eighbr_�r,h����d is t�ltally awar,e �f
the Highway JJ cc�r^r-�idar^ st�idy. At thi.s time we
dr r,r_�t fe�1 tl�is is s�.�ffient r�eas��r� f��r, th� city
c�f Mer�dc�ta tc� del�y r^espc�r�dir�g ta c�ur^ ec�r�cer^r�s
�r�d q�_�est i�ar�s i n a�L i nie 1 y rnar�r�er. A 1 sr� at t I�e
r�e i gh bor^hc�c�d rneet i r�g T was r��c�rn i r�at ed as
r�eighh�_�rhn� �d sp� �I�sper,sor�. S�_� ��1: th is t irne I arn
requ�st ir�g that yat� schedule t irne at the r��xt
city c� ��_�r�ci 1 rneet ing f� �r� rne tr� pr,�ser��: the ab�:,ve
iss��es tc� the cc��.�r�cil. I h�ve ir�cluded E cc�pies
r_�f this lettpr, t��� f�_�r,war�d t�� the c���_int�il
r�iemb�r�s. Wi 11 ya�.� plea�e acfvise rne with a cal 1
t�_� rny r_�f f i ce at �t54-664�.
Regar�ds,
-�� lo d,3.
R��ber�i; C. T�_��_isignar�t
� `
�
CITY OF MENDOTA HEIGHTS ____ _ _ _ _ _
MEMO �
May 28, 1987
T0: Mayor, City Council and City_ �����r�ator
i
FROM: James E. Danielson �`�' -
Public Works Director �
SUBJECT: Nonnemacher Wetlands Permit
Case No. 87-12
DISCUSSION:
The Planning Commission conducted the required public hearing to
consider this request at their April meeting (see attached memo).
RECOMNNiENDATION•
The Planning Commission voted unanimously to recommend approval of a
Wetlands Permit. They also concurred with staff in that this should be
considered a minor Critical Area permit with Council approval only.
ACTION REQUIRED•
Conduct the required public hearing and then if Council desires to
implement the Planning Commission recommendation they should approve a
wetlarids permit f-or 1049 Dbuglas Road subject to the applicant dedicating a
10 foot wide utility and drainage easement and extending the City's storm
line within that easement to the rear of the property, all at no expense to
the City.
Council should also acknowledge that this proposal conforms to the
guidelines of the Critical Area Ordinance and exempt him from the
requirements of a public hearing and review.
y .« • _ . .. � .. .
�
CITY OF MENDOTA HEIGHTS � `
�iOTICE OF HEARING ON WETLANDS PERMIT
r�y 2�, i9s�
TO WHOM IT MAY CONCERN:
�
NOTICE is hereby given that the Mendota Heights.City Council will
meet at 7:45 o'clock P.M. on Tuesday, June 2, 1987, in the City Hall
Council Chambers, 750 South Plaza Drive, to consider a request for a wetlands
permit from Mr. Thomas Nonnemacher, to allow construction of a single
family home on Lot 8 and the West 45 feet of Lot 9, Block 3, Tilsen's
Highland Hieghts Plat 3. �
More particularly, this property is located at 1049 Douglas Road.
This notice is pursuant to City of Mendota Heights Ordinance No.
402. Such persons as desire to be hea.rd with reference to this request
will be heard at this meeting.
Kathleen M.. Swanson
City Clerk - _
,
CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING ON WETLANDS PERMIT
MAY 8, 1987 � -
TO WHOM IT MAY CONCERN: -
NOTICE is hereby given that the Mendota Heights Planning
Commission will meet at 8:30 o'clock P.M. on Tuesday, May 26,
1987, in the City Hall Council Chambers, 750 South Plaza
Drive, to consider a request for a wetlands permit from Mr.
Thomas Nonnemacher, to allow construction of a single family
home on Lot 8 and the West 45 feet of Lot 9, Block 3,
Tilsen's Highland Heights Plat 3.
More particularly, this property is located at 1049
Douglas Road.
This notice is pursuant to City of Mendota Heights
Ordinance No. 402. Such persons as desire to be heard with
reference to this request will be heard at this meeting.
Kevin D. Frazell
City Administrator
, �-
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Applicant �' _- t�l
` Name: IvOM
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Case No. �� ��-
�- CITY OE MENDOTA-�HEIGHTS -- - � -- --- -_- - = -- . - --'-- -• - ---- -
---• DAKOTA COiTNTY, _MINNESOTA -- . . =t`��='- � _``'`-, . _ • � .
� APPLICATION FOR CONSIDERATION ' =N�'"�+�`f= ��� •r,ti^=:`�'^+'��:;'s�`� , . . :
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Telephone Number: �{j'/!� �� . � �� - - � -� � ' �
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Name:
Last , First Initial
Address: �� � � �
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Street Location of Property in Question: . ., __ -_-- ' •
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�
THEISSEN - NONNEMACHER, INC.
379 KELLOGG BLVD. • ST. PAUL, MN 55101 •(612) 224-4697
i�iay 7, 1987
Plannins Com�ission
City of i�iendota Heights
750 South Plaza Drive
i�fendota uei�hts, i�IA; 55I20
Dear Plannino Commission:
I an plannin; to build a new sinale family home at 1049
Douglas Road. The house will be about sixtp tt,ro feet fro�
the north property line which I assume is the boundarq for
• the wet lands area. There is a storm sewer line that comes
about twenty feet in from the curb on the west propertp
line. I would like to extend this line through the property
' to .the -nort:� Iine. In talkino to the �ity Engineer, he said
this line should be extended in the same size pipe as the
existing storm.
What I am requestin� then is a Wet Lands Permit for this
�+rork. Your consideration of this matter is appreciated.
Very truly yours,
THEISSEi1 — P10NNEMACHER, I�1C.
Thomas Nonnemacher
Vice President
TN:tlb
�
CITY OF MENDOTA HEIGHTS
�� �
T0: Planning Commission
FROM: James E. Danielson and
Public Works Director -
SUBJECT: Nonnemacher Wetlands Permit
Case No. 87-12
DISCUSSION•
May 18, 1987
Paul R. �-Berg
Code Enforcement Officer
Tom Nonnemacher has made application for a wetlands permit to be al-
lowed to construct a new home for his family at 1049 Douglas Road. The lot
on which he is proposing to construct that home is located within 100 feet
of a wetlands boundary, therefore a wetlands permit will need to be con-
sidered and approved prior to staff issuing Mr. Nonnemacher a building
permit.
A portion of the wetlands is being used by the City as a storm water
holding pond and the limits of that pond's holding capacity are totally off
Mr. Nonnemacher's property. In addition during staff's site visit of the
property, it was noticed ` that the land did not appear to be wetland.
The lot also falls within the Critical Area Boundary, therefore a
Critical Area Review needs to be completed. Staff has made a site visit and
found the lot has a large area of fill with steep slopes (in excess of 40%).
Staff does not feel that the slopes created by the filling of this property
would qualify as a bluffline area. We feel that the requirements for the
CAO are being met by the site and grading plan as submitted.
ACTION REQUIRED•
Conduct a public hearing to consider the wetlands permit and consider
the critical area impacts and make a recommendation to City Council on
granting a wetlands permit to construct a home within a wetlands boundary
and on granting a CAO approval.
,
c
�
,
_,
PLANNING REPORT
DATE:
CASE NUMBER:
APPLICANT:
LOCATION:
ACTION RE�UESTED:
PLANNING CONSIDERATIONS:
26 May 1987
87-12
� - Thomas H. Nonnemacher
North � of Douglas Road,
Westerly of James Road (see
sketch)
Approval of Wetlands Permit,
Critical River Corridor
Approval
1. This property consists of Lot 8 and the westerly 45 feet of Lot 9,
Block 3, Tilsen's Highland Heights Plat 3; the address is 1049 Douglas
Road. The lot has a width of 145 feet and a depth of 138.07 feet
and, therefore, is substantially larger than the lot minimum. Typica!
lots in this plat are from 95 feet to 105 feet, and some are larger
than that. Attached is a copy of a portion of the section map
indicating the property in questio� as it relates to the lot sizes in the
area.
2. There is a pond to the north, a portion of which extends into the lot
in question. Attached is a copy of the site plan submitted by the
applicant indicating the existing contours. You will note that the
dotted contour lines extend into the easterly portion of the site, with a
� peninsula of existing higher land on the west side. Here, the applicant
has indicated (at the City's request) the way in which he proposes to
construct a home on - the site; generally extending the existing contours
easterly from the tip of the peninsula as it exists near the west half
of the property.
3. The staff has met with Mr. Nonnemacher regarding this proposal and it
appears that the proposed development is reasonable since the northerly
� corner of the lot will be left undisturbed where it drops off toward the
ponding area. You will note in Mr. Nonnemacher's� letter that he
proposes to extend a storm sewer which � exists on the west side of his
property. Jim Danielson, the Public Works Director, informs us that
extending this sewer is appropriate and desirable and would have been
done by the City, except that we did not have the proper easement to
do so.
4. This parcel is located within the Critical River Corridor boundary lines,
although it is not on the bluff line.
-• 5. ., In summary, it appears that the development proposal .� is _: reasona,ble on�; .: ,,; :, .. _.
� �� � the condition that the storm sewer be extended to the north line � as � �
proposed by the applicant, subject to final review of engineering plans
• by the Public Works Director.
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.. . . .. . ... .
CITY OF MENDOTA �iEIGHTS
�
MEMO ' ' . .
May 28, 1987
T0: Mayor, City Cauncil and Cit�%'��'"_� _ or
FROM: James E. Danielson ` -
Public Warks Director "
SUBJECT: O�san CAO Variance
CAO No. 87-03
DISCUS�ION:
The Planning Catamission conducted the required public hearing far a
Critical Area Ordinance review for Mr. and Mrs. David Olsen at their April
meeting {see attached staff inemos).
RECOMMENDATION :
The Planning Commission voted unanimously to recommend appraval af a 5
�oot (in Iieu of the requested 11 foot} bluff line setback variance.
ACTION REQUIRED•
Conduct the reguired public hearing and then if Council desires to
implement �Che Planning Commi.ssion recammendation they should pass a motion
appraving a 5 fo�t bluff line setback4variance for Lot 11, B1ock l, Valley
View Oak Subdivision, •
,
:,
.� ,
CITY OF MENDOTA HEIGHTS
MEMQ � � � � .
May I8, i987
T0; Planning Commiss ion _ �
FROM: 3ames E. Danielson and Paul R. Berg
Public Works Director Code Enfarcement Officer
StJBJECT: Olsen Critical Area Site Plan Review & Variance '
� CAO Case No. 87-03 �
DZSCITSSIQN •
Mr. and Mrs. David Olsen had submitted plans for a Critical Area Site
P1an and variance review at the April Planning Commission meeting. In
advance of the Agril hearing Mr, Q1sen had met with �everal of his neighbors
and they expressed concern over the proposed building height and setback
from �he bluffline.
Mr. Olsen asked that the pub�ic hearing be continued to May to allaw
him time for him t�o respond in plan form to his neighbor's concerns.
A new plan has been prepared that reduces the building height bringing it
into compliance with ordina.nce requi.rements. He alsa reduced the setback
from the bluffline (see attached plan). �
V
ACTSON REQUIRED• ' _
FIold the �e���r�a �uvi3� hearing and based on input from tha� hearing
make a recammenda�ion to the City Council an the gran�ing af an 11 faot
bluffline setback variance. ' •
,
,
Case No. CA4 4'-- O�' .-.__ _.
CITY OF MENDQTA HEIGHTS -
• Dakdta County, M innesota
APPLICATION EOR CONSZDERATION , -
OF •� <
CRZTICAL AREA DEVELOPMENT�{Ozdinance N0. 4Q3)
,` . �T:�:� :� - Date af Ap lica�ion �— 3"O' 7
. � ' _ Fee Paid �/Oa •
• � Receipt Number / O � ' •
� APPlicant . � ' .� ' - . . - � ' � / � � � �.
'. Name S� � � � Q, t! lG�` Q!" 1�'c. �
, �-.,
.al� Fizs� In�,��j Zal,�---
Address : f � � � �t/'- e � ��v � l.
, Number & Street • �y . Stat� ' Zip Code
Phone:� ��r� ~(.4�d 7�d �J3 �d '�� '
' Home � , .Work
Owner :
Name : ���'tirn �.. . . . . . . . . . . .. . . . . . . . . . . . . .
� Last � - - - FirsC � � � . .- .�Initial
Address: �
Number &- Street ~� City State . Za.p Cod�
. - Street� Lacatian of Praperty in Question : •- : � • _ . �
• . : . I J _ ��..�F / / /� // / /M1 /J N -/ /J N GI • s •
iegal Description of Pzoperty:
' � � �" t/ ,E� 1 � c !c�
"
1j►pe af Request : , � - � � Variance ., � _ .
- • � • Site P1.an Approval
. , " • Madi£ied SiCe Plan Agproval
PLANNING REPORT
DATE:
CASE NUMBER:
APP�ICANT:
LQCATION:
ACTION REGIUESTED:
PLANNING CCINSI[�ERATIONS:
26 May 1987
87-03
Gloria and David B. t�isen -� -
Lot 11, Blocic I, Valiey View
Oak, Additian (Northern End
af Cuiligan Lanej (See sketch)
Variance to Critical River
Corridor Area, Lot Line
Setback
1. This proposal was previously considered by the Planning Commission at
its iast meeiing at which time the applicants, Uavicf and Gtaria Olsen,
requested that the application be tabled until the next regular meeting
so as to give them time ta make adjustmenis to the plan. Their
intent, we were told, was to consider ad justments in the plan and the
heighi of the previaus structure based on concerns expressed by their
immediate neighbors.
2. Their intent was to replan the proposed residence so as to minimize its
impact an the Critical Area Setback and to reduce the height of the
struciure so as ta reduce the visuai impact. The required s"etback from
the bluff line is 40 feet from the nearest structure to that point on
the slnpe ioward the River where the slope exceeds 40 gercent {4 feei
of height and 10 feet of horizontal distance).
3. The height of the strvcture is restricted by ordinance to 25 feet from
the average grade level around the house to the mean distance in the
gable (a paint half way up the slaped roof forming the gable}.
4. The Olsens have apparently hired a new designer to prepare a totally
revised floor plan, elevations, and site plan. Attached are copies of
these drawings. You will nate from examining the site plan which is
drawn at a scale of 1J16" = 1' (not noted on the plan) that the
structure is proposed to be located at its nearest point 29 feet from
the biuff line. This iine is indicated an the drawing with a heavy line
labeled "Critical River Line". � The deck appears to be approximately 35
ieet from this line near the westerly side of the hause. You will nate
that the house is setback approximately 36 feet, a minimum distance
from : the frant property line. If the intent is to encroach as little as
possible upon the 40 foot setback to the b2uff line, it would appear
reasonable in this case to project the hause forward this 6 fe�t. ' You
will "note that the designer has apparently , established . a 15 faat side
yard setback which is not required in this _zane.,�-wThe; side ,yard .setback
in ihe R-I C}istrict, which ihis iand is zoned; is ~ZO feet.' � `` .'�• '�
�
0
Gloria and David Olsen, Case No. 87-03 Page 2
4. Placing the house 36 feet back from the front property line makes it
more difficult to properly grade the back of the house (toward the
northwest). If you examine the proposed contour line contiguous to the
house and the backyard you will note that the proposed grades here are
-as steep as 100 percent (14 feet of drop and 14 feet of horizontal
distance). Such a grade cannot be mowed properly and would likely
require reta,�ning walls. The maximum maintainable slope is normally
considered to be approximately at 30 percent which equals 3 feet of
drop and 10 feet of horizontal distance.
5. It would appear that the height of the new structure is approximately
25 feet from the average grade line to the average height of the gable.
This is difficult to ascertain in this case, however, because we do not
have an elevation on the westerly end of the structure where the line
of this gable would be ascertained.
6. It is obvious, in this case, that the applicants have made a sincere
attempt to reduce the height of the building more like a typical two
story residence with a walkout to the northwest. You will recall that
in the previous plan, portions of the structure were in fact three stories
high. It would appear that with some adjustments in the placement of
the home and the handling of the grading to the northwest, that this
plan can be successfully applied to the site, with what would appear to
be approximately a 35 foot minimum setback from the bluff line - a 5
foot variance from the required 40 feet.
9
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LOCATION:
c�sag� -- — - — - ---- Wv , ►��°—�LL.r� �t.�E
�nc�r�p�ratr�d A ... t�����Ts: r�K:-
969 Sibley Memoriai Hwy./Mendota Hts., Mn. 55118
.,
.
� _ . .. CITY OF MENDOTA HEIGHTS
"'����"T` r ' "' " ' � � NOTICE OF HEARING
- May 27, 1987 - . -.- _ . ,.. _
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that the Mendota Heights City
Council will meet at 8:00 P.M. on Tuesday, June 2, 1987, in
- the City Hall Council Chambers, to consider a request from _ _
David Olsen for a site plan approval and variance to allow
construction of a single family home at 1254 Culligan Lane.
More particularly, this home would be located on Lot 11,
Block 1, Valley View Oak.
This notice is pursuant to City of Mendota Heights
Ordinance No. 403. Such persons as desire to be heard with
reference to the request will be heard at this meeting.
Kathleen M. Swanson
City Clerk
�
- ��
. CITY OF MENDOTA HEIGHTS
MEMO
May 27, 1987
�
T0: Mayor, City Council and City m' i t tor ..
FROM: James E. Danielson
Public Works Director
SUBJECT:� Sewers, Water, S'treets
The Ponds of Mendota Heights & Rolling Woods
Job� No. 8622 �
Improvement No. 86, Project No. 9
DISCUSSION•
Bids for this project are being opened Tuesday, June 2nd, the day
of the Council meeting.. We hav e 15 plan holders and are again expecting
good bids. Results of the bids will be handed out Tuesday evening.
,
MEMO
CITY OF NlENDOTA HEIGHTS
� May 22, 1987
To: Mayor and City Council
From: Kevin Fr �,/ C�i/ � Administrator
✓
Re: Presentation regarding Metro East Economic
Development Program
With the agenda materials for the May 19th meeting I provided
updated information on the activities of the Metro East
Economic Development Coalition. Mr. Ken Kixmoeller, project
director for the effort, will be present at the June 2
meeting to give a brief presentation about the organization,
and to answer Council questions.
I understand that our cost to join would be $2,500; adequate
monies are available in the Business Development fund.
ACTION REQUIRED
To discuss the Coalition with Mr. Kixinoeller. Council could
make a decision about joining this evening, or could put the
decision off to a future meeting.
0
CITY OF MENDOTA HEIGHTS
MEMO ' • . .
May 28, 1987
T0: Mayor, City Council and City _� trator
,�
FROM: James E. Danielson `i�° .
Public Works Director `
SU$JECT: Anderson Subdivision
Case No. 87-07
DISCUSSION:
The Planning Commi.ssion labored over this subdivision during public
hearings for three months (see attached staff inemos).
RECOMNNIENDATION:
The Planning Commission voted unanimously to recommend approval of the
Hillside Creek preliminary plat and wetlands permit.
ACTION REQUIRID:
Review the request with the applicant and then if Council desires to
implement the Planning Commission recommendation they should pass a motion
' approving the preliminary plat subject to a trail and utility easement being
dedicate�d to provicte access a�long vacated Emerson Avenue and sub ject to
verification by means of a feasibility report that the utility layout works.
Council also needs to grant a wetlands permit as the boundary for Ivy Creek
extends into this property.
. , a
�
0
--- - - -. . . . - -- � - . _ �. CITX OF MENUOTA HEIGHTS -- --
MEMO
May 1$, 1987
T0: Planning Commission
FROM: James E. Danielson and Paul R. $erg
Public Warks Director Code Enfarcement Officer ,,
SUBJECT: Ha.11si.de Preliminary Plat y
CA4 Case No. 87-
DISCUSSION:
Mr, Carl Andersan has been before the Planning Commission on two pre-
v2ous occasions with a prelirninary plat. There have been Flanning Ca�nmi.s-
sion cancerns and the public hearing has been continued. Mr. Anderson met
with Planner Dahlgren to develop �he attached plan. Howard Dah3.gren and is
now satisfied that this is the best po�sible way to plat this property,
There are twa Iots �hat have less than 100 feet af frantage at the building
setback line, �hey are Lot 11, Black 1 and Lot 2, Block 2.
Staff continues to have some concern about utility layout. Stormwater
is shown draining through private property withaut easement to do so and
sanitary sewer is very shallow. These cancerns will. have to be addressed in
more detail with the City`s feasibility report.
A.CTION REQUIRED:
Conduct a continued publ.ic hearing and make a recommendation ta the
City Council.
�
,
� ` .. 'r , , _,.. :r: _ �. ' , .
,
, • .�
PLANNING REPORT
DATE: �
CASE NUMBER:
APPLICANT:
LOCATION:
ACTION RE�UESTED:
PLANNING CONSIDERATIONS:
26 May 1987 --- - — -
87-OS
Carl W. Anderson
North of ' First Avenue,
V+,Cesterly of Clerr�ent Street
(see sketch)
Approval of Preliminary Plat
and Wetlands Permit
1. The Planning Commission discussed this proposal in March at which time
properiy awriers in the immediate vicinity were there to advise the
Planning Commission as to their desires relating to this plat. You will
recall the land owner to the northwest of_ the proposed plat requested
that the easterly two 2ois � af his four lots be adcfed ta the plat with
access off of the proposed cul-de-sac. The attached revisions submitted
by the applicant now indicates this lat addsci to the plai in the form
of Lot 7.
You will note that this is done by providing a reduced width access
strip to the cul-de-sac. Theoretically this could be avoided by moving
the cul-de-sac further ta the west, however, this would push ihe
cul-de-sac up the steep hill creating a rather difficult terrain and
grading cond"ztion. TherePore, we suggested that ii would be betier to
leave the cul-de-sac where it was originally engineered and provide an
access to the lots through Mr. Anderson's iand as praposed.
2, As you recall from the Public Hearing, there were no other requests for
adjustments in the plat so as to pravide additiona2 access io� any other
properties in the immediate area.
3. There was, however, some concern expressed on the part of a land
owner to the north regardi�g the handling af the surface drainage as it
exists and as it may be in the future. A s�orm sewer system has been
proposed in the attached drawings. Your Public Works �irector will
comment regarding ihe appropriateness of tfiis design soiution.
4. In the overall, what has been aceomplished here is converting a grid
iron pattern of 32 lots, as originally platted 60 feet wide and 125 feet
deep, if developed as ariginaiiy platted could have produced 36 doubie
lots (with 120 feet of frontage each). The street pattern as originally
._ plattad would have been very difficult to build involving very steep
slapes on Brookside and a near� impossibility to be built on Emerson
Avenue. Our hope• has always been that someone would purchase enough
.,. , af these Iais and put them together ta creaie a: more imaginative „,
_ " curvilinear design that _ would work well with � the terrain :. conditions. ;
--.;��.r-_�_�u..: ��stead af 16 daubie wide lois,,' we' now iiave IS tois'".with.7 considerabl.y °`� .
less lineal footage of street to serve these lots. If the storm water
system works, it would appear that thE praposed soiutian will produce
quality building sites in �his area �af the City.
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CITY OF MENDOTA HEIGHTS
MEMO • . _ . .
May 27, 1987
T0: Mayor, City Council and City ���ator
FROM: James E. Danielson �`� �
Public Works Direc�or
SUBJECT: Stalder Subdivision
Case No. 87-11
DISCUSSION:
At their April meeting, the Planning Commission conducted the required
publi c hearing to consider the attached subdivision request. The applica-
tion was to divide a large existing platted lot into three lots. The
applicant thought the City could approve this request by a simple lot divi-
sion (no formal plat). When staff was preparing their reports it was no-
ticed that the ordinance only allows for simple lot divisions when creating
two lots. We informed their surveyor by phone that he would have to prepare
- a plat.
At the public hearing it was explained that the Stalder's wanted to
modify their request and combine Lots B& C to avoid paying the extra costs
of platting.
_ Co�nmissionmember Henning was uncomf ortable approving a plan different
than what was bef ore the Commission.
RECOMNNIENDATION•
The Planning Commission voted 5-1(Henning) to approve the simple lot
division.
ACTION REQUIRID •
Discuss the request with the applicant and then if the Council desires
to implement the Planning Commission recommendation pass a motion adopting
Resolution No. 87- , RFSOLUTION APPROVING IAT DIVISION THE EAST 115 FEET
OF LOT 35, AUDITORS SUBDIVISION N0. 3.
CITY QF MENDOTA AEIGHTS . . _ . � ,
DAKOTA COt7NTY, MINNESOTA
RESOLiJTiQN N4. $7-
RESOLUTION APPROVING THE LOT DIVZSION, THE EAST 115 FEET
OF LOT 35, AUDITQRS�SUBDIVISION N4. 3
WFiEREAS, Mr. and Mrs. Dale Stalder, owrzersof Lat 35, Aud�tors Sub-
division No. 3, bakata County, Minneso�a,have requested from the City
to divide that 1ot into two {2} Iats; and
�if`E�EREAS, the City Council has reviewed said lot spiit and f inds
the same ta be in order.
NQW THEREFORE, ST TS HEREBY RESOLVED by the City Council of �he
City of Mendota Heights, Minnesota, that the lot division submitted at
this meeting be and the same is hereby approved•-subject to tl7e follawing
cond it i.on :
That the applicant pay the $600 park contribution fee prior to
filing the final plat with the Dakota County Auditor.
Adopted by the City Council ai the City of Mendota Heights this 2nd day
of 3une, 19$7.
u
CITY COUNCTL
CITY OF MENI30TA HEIGHTS
By
CharJ.es E. Mertensotto, Mayor
ATTEST:
Kathleen M. Swanson, City Clerk
,
_,
E
GZTY t3F MENDOTA FiEIGHTS
NOTICE OF HE,ARING ON SUBDIVISION
e
�. APRIL 29, 1987 k . '
TU WHt?M IT MAY G4NCERN: —
NOTZCE is hereby given that the Mendota Fieights Planning
Commission will meet at 8:I5 o'C1oCk P.M. on Tuesday, May 26,
1987, in the City Hall Gouncil Chambers to consider a request
fram Dale Stalder for the subdivision af Lat 35, Auditor's
Subdi.vision No. 3. More particularly, thi� land i� located
at 777 W. Wentworth Avenue.
Thi� notice is pursuant to City o£ Mendota Heights
Ordinance No. 301. Such�persons as desire ta be heard with
refer,ence to the praposed subdivision will be heard at this
meeting. • .
Kevin D. Frazell
City Administrator
a
0
:�
_,
CITY OF ME�TDOT?, HEIGHTS
DAROTA COUNTY, MINNESOTA
Case No. 4 ����
APPLICATION FaR CONSIDERATION
OF
PI.�iNING REQUEST _ _ _
Date of Application 4/24/87_
� Fee Paid 33Sf` .s!-� �-�7 -
Applicant � _
Name: Stalder Dale M.'
Last First ' Initial
Address: 777 W. Wentj�worth Ave Mendota Heights Minnesota 55118
Number & Street City State Zip
Telephone Number: (612) 457-1369
Owner
Name: Stalder Dale
Last First
M.
Initial
� . �� .
Address: 777 W. Wentworth Ave. Mendota Heights Minnesota 55118
Number & Street City State Zip
Street Location of Propertp in Question:
777 W Wentworth Ave.
yagal Description-of Property: - � �
Lot 35. Auditors Subdivision No. 3
Tppe of Request: Rezoning
Variance
Conditional Use Permit _ -
Conditional IIse Permit for P.II.D.
M3nor Conditional IIse Permit
, • , Subdivision Approval
Plan Approval
Wetlands Permit
Split lot Other
CITY OF MENDQTA HEIGHTS
��a - � � .
May 18, I987
T0: Planning Com�aission �
FFtOM: James E. Danielson and '° Paul R. Berg
Public Works Director Code Enforcement Officer
SUBJECT: Stalder Subdivision Preliminary Plat
Case Na. 87-11 �
DSSCUSSI4N• •
Mr. and Mrs. Da1e Stalder own a large lot at the in�ersection of
Wachtler Road and Wentworth Avenue. They have submitted the attached plan
showing the proposed subdivision af their property. All of the lots shown
exceed the City's mi.nimum requirements, for lot area and franta�ge. Lot C
cantains 1.07 acres most of which would be unsuitable for dwelling construc—
tion because of a creek and steep banks ta the creek bed. Iat C is alsa
shown to have a combined driveway with Lot B. This was done at the Caunty
Traffic Engineer's request because of poor site dis�.nces on Wentworth
Avenue. Tha existing greanhouse west af the Stalder's home wi.21 need tn be
removed because of its encroachment on the proposed property line between
Lot B& C. Lat A w:ill have an existing non—conforming accessory structure
in the nor�heast corner (1ot with an accessary struct and no principle
structure}. '�he Ownersvpropose to build a new hame on Lot A and request
that the existing accessory struc�ure be allowed to remain.
ACTION REQUIRED•
Canduct a public hearing and based on ingut from that hearing and
Planning Cammission comments` make a recommendation �o City Council.
= a •�-
�•
CASE NUMBER:
APP�ICANT:
� LOCATION:
ACTION REQUESTED:
PLANNING CCINSIDERATIONS:
26 May 1987
87-12
�ale M. Stalder
Nartheast Gorner oi Wachtier
Avenue and Wentworth Avenue
(see sketch) �
Approval of Lot Split
l, This property is a meies ar�d baunds parcei consisting o# 2.53 acres at
the northeasterly corner af Wachtler and Wentworth Rvenues. The
owners, Dale and Eiizabeth Sialder, propose to divide the land into
three single-family lots, one of which wauld be accupied hy their
existing single-family home near the center of the site.
2. Attached is a copy of a survey prepared by Paul McGinley indicating
the propased division inia Parceis A, B, and C. Yau will note fram
the schedule of lat sizes indicated on the drawing that aIl of the lots
far exceed ihe 15,�OCl square foot lat size minimums; the lots being
30,16b square feet, 33,365 square feet, and 4b,758 square feet. The
smallest frontage on Wentworth Avenue is 115 feet. _
3. Yau will note that the driveways for Lots B and C are proposed to be
combined and centered on the lot line between the two Iats. The staff
has reviewed this concept with the applicant and suggests that this is
an appropriate soluiion in view of the terrain and proximity of the
intersection with Wachtler• Avenue, a short distance to ihe west. This
recommendation is from Peter Sorenson, the Dakota County Traffic
Engineer, as reported by 3im Danieison. The maximum width af this
combined driveway should be no more than 25 feet.
4. The land divisian proposal, though applied for as a lot split, should
actually be a preiiminary plat. The property in this case is not an
' � existing platted lot, but a metes and bounds property. The divisian of
the single parcel into three lots clearly calls for handling of the
subdivisian as a,preliminary and finai piat.
,
S. Any approval af ihe piat shotsld be canditional on additional dedication
' as may be required by the County. In the past, along Wentworth this
has beet� a distance of 40 feet from the center line, where as 30 feet
from the center Iine of Wentworth Avenue is indicated on the
subdivision drawing. Jim Danielson informs me that he will check with
the County prioc ta the Planning Commission meeting : ta ascertai,n ;.the ,,,
exact dedication required. He notes that with the new„County,;,Engineer:,:��..,::,,
on baard, ihere may be same change in this standard. _ .--�, _'- .-- .�. _ '
t
1
�
+ Dale M. Stalder, - Case -No. 87-11 . - Page 2 -- - - -� � �- -�- —
�
�
6. However, ii would appear that ihe land division as prapased would nat
be adversely affected by additional dedicatian far either of the two
right-of-ways in question.
7. The division, then, may be considered appropriate for approval
cand'ztianal upon the division being handled as a piat, the combination of
the two driveways �for the two westerly most lots with the driveways
not wto exceed 25 feet in width as it crosses the property line, and that
dedications required by Dakota County be accomplished with respect to
Wentworth and Wachtler Avenues. -
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0
CITY OF MENDOTA HEIGHTS
MEMO
May 29, 1987 ° .
TO: Mayor, City Council and City ����rator
FROM: James E. Danielson
Public Works Director
SUBJECT: Copperfield I Homebuilder's Escrow - Release
DISCUSSION•
Because the City allowed builders to begin construction of
Copperfield I before the public improvements were completed, we made
builders sign a Homebuilder's Agreement that established the ground
rules and made them deposit $1000 escrows to cover any costs the City
might incur because of their negligence.
The public improvements are now done and we need to return the
deposits. There were two items we could deduct from the escrow:
1. There is supposed to be a$50 per infraction fine for trucks
caught using Decorah for access instead of Delaware Avenue. Of the
many trucks caught going down Decorah only three were caught going to
- Copperfield of those three, we only have an address for one.
2. There was $2500 spent repairing damaged curb areas. There are
no specific addresses for any of those. We don't know how many were
done by private contractors and how many were NSP, Northwestern Bell,
and Cable TV.
RECOMMENDATION•
There was enough money put in contingency from the public
improvement project to cover these costs so staff recommends that the
full amount be returned to all builders.
ACTION REQUIRED:_ -�
If Council concurs with the staff recommendation they should pass
a motion authorizing staff to return the homebuilder's escrow. �
r'
CITY OF MENDOTA HEIGHTS
May 29, 1987
TO: Mayor,-City Council and
MEMO
City �' �tor
FROM: James E. Danielson
Public Works Director
SUBJECT: Acquisition of Warrior Pond Easements
Job No. 8622
Improvement No. 86, Project No. 9
DISCUSSION•
The six lots east of Warrior Pond in Mike Kurtz' project have
a sanitary sewer line designed to drain between two homes fronting
on Callahan Place (see attached drawing). I have been working
with those two owners (LaPean and Rischall) to acquire the needed
easements.
Negotiations to date have been for a 40 foot wide easement
with 10 foot wide temporary easements on the sides.
My original offer to Mr. Lapean was in February 1986 and was
for $0.89 per sc�uare foot for buildable land and $0.45 per square
foot for non-buildable land. I calculated the price from the
Dakota County appraised valuation. Mr. LaPean informed me that
there had been a recent sale across the street for $1.26 per
square foot and he told me that he would be agreeable to that
price. We also agreed that the easement price per square foot
would be the same for both lots.
Because the plans and specifications were not done yet and
the �lat not filed, I did not pursue the matter for some months,
waiting for the project to progress.
I recently contacted the two owners again to attempt to
finalize the easement purchase. The landowners were now aware of
the selling prices Mr. Kurtz was asking for the lots on his
�project and therefore have increased their asking price to $1.50
per square foot.
Using this figure and the 40 foot easement width the prices
per lot are:
LaPean
Rischall
TOTAL
�
$2,704.00
8_, 893 . 75
$11,597.75
� In addition there are some trees that Mr. Richall is asking
be moved or replaced.
The budgeted amount for this easement acquisition was $8,000.
The 40 foot easement was iaore than�ample width. We have
therefore recalculated the easement cost for a 30 foot easement:
LaPean $ 1,839.00
Rischall 6,804.00
TOTAL $ 8,633.00 �
RECOMMENDATION•
Staff recommends that the 30 foot wide easement be acquired
for at the asking price of $1.50 per buildable square foot and
$0.75 for setback unbuildable area.
ACTION REQUIRED:
If Council desires to implement the staff recommendation they
should pass a motion authorizing the requested payment.
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CITY OF MENDOTA HEIGHTS
MEM{} ` - ' . .
May 27, �9$7
T4. Mayor, City Cauncil and City A or
FROM: James E. Danielson ` -
Public Works Director `
- SITBJECT: Street Lights in new residential developments
DISCUSSION•
Because there is someone Iooking at almost every vacant parcel in
Mendota HeighCs, s�aff frequently has to answer questians alaout development
guidelines. A question that we are always unsure how to answer zs; what
ahout street lights and sidewalks? We request tha� Council discuss this
issue, come to a cancensus on whether the City will allow or require them
and give staff direction. If it is the concensus to a11ow or require one or
either facility�staff wi21 prepare a recommended policy for review and
adoption at a later mee�ing.
�
�
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CITY OF MENDOTA HEIGHTS
MEMO
May 26, 1987
T0: Mayor, City Council and C' ��iistrator_
FROM: Klayton Eckles
Civil Engineer
SUBJECT: Sched�le of Assessment Rolls for:
Wesley Lane, Imp. 86-2
Evergreen Knolls 2nd Addition, Imp. 86-6
Mendakota Estates, Imp. 86-8
North End, Imp. 79-3
Deer Trail Hills, Imp. 86-10
Spring Creek Acres, Imp. 87-1
Valley Curve Estates, Imp. 86-5
Yorkton Centre Pointe South, Imp. 84-4
INTRODUCTION:
Before staff can complete an assessment roll and move to an assessment
hearing for completed City projects, it is necessary for Council to pass a
resolution directing staff to proceed. There are eight projects that will
need to have an assessment roll certified this October.
DISCUSSION•
In order to certify the assessment rolls by October, hearings should be
completed before September 1, 1987. Three weeks notice is required f or the
hearing, so it is important that staff prepare the assessment roll as soon
as the project is complete. To f acilitate an orderly completion of the
assessment rolls the following is a tentative schedule.
Pro_ject
Wesley Lane
Evergreen Knolls II
Mendakota Estates
North End
Deer Trail Hills#
Spring Creek#
Valley Curve#
Yorkton
Assessment Roll
Completed
June 16
June 16
July 7
July 7
August 4
August 4
August 4
August 4
Hearing Date
July 21
July 21
August 4 -
August 4
Se ptemb er 1
September 1
September 1
September 1
���� Those projects with an astrick may�not require a hearing because all �
owners have petitioned for the improvements. • �
RECOMMENDATION: ' " �� -� - -
Staff recommends Council approve the above schedule and direct staff to
complete the assessments for the eight projects.
ACTION REQUIRED:
Tf Council concurs with staff reco�mendatian, Councii should pass a
motion adopting Resplution No. 87- , RESOLUTION ORDERING THE PREPARATION
OF ASSESSMENT ROLLS FOR WESLEY LANE {IMPROVEMENT N4. 8b, PROJECT N4. 2},
EVERGREEN KNOLIS 2ND ADDITION (IMPROVEMENT N0. 86, PROJECT NQ. 6), MENDAKOTA
ESTATES {IMPRQVE[�iT N0. 86, PROJECT N0, 8), NORTH IlVD STREET CONSTRUCTI4N
(IMPROVEMENT N0. 79, PROJECT N0. 3), DEER TRAIL HILLS (IMPROVEhIENT N0. 86,
PRQJECT N0.�14); VALLEY CURVE ESTATES {IMPR4VEMENT NQ, $6, PROJECT N0. 5),
SPRING CREEK ACRES (IMPROVEMENT N0. 87, PRO,TECT N0. 1), YORKTON CENTRE
POINTE SOU"TH (IMPROVEMENT N0. 84, PROJECT N0. 4) AND ADJACENT AREAS.
0
1
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_ ___ _ _ _. _ _ ____. City_ of Mendota Heights __ __
Dakota County, Minnesota . .. _
RESOLUTION N0. 87-
RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLLS FOR
WESLEY LANE (IMPROVEMENT N0. 86, PROJECT N0. 2), EVERGREEN KNOLLS
2ND ADDITION (IMPROVEMFNT N0. 86, PROJECT N0. 6), MENDAKOTA ESTATES
, �(IMPROVEMENT N0. 86, PROJECT N0. 8), NORTH END STREET CONSTRUCTION
(IMPROVEMENT N0. 79, PROJECT N0. 3), DEER TRAIL IiILLS (IMPROVEMENT
N0. 86, PORJECT N0. 10), VALLEY CURVE ESTATES (IMPROVEMENT N0. 86, �
PROJECT N0. 5), SPRING CREEK ACRES (IMPROVEMENT N0. 87, PROJECT N6. 1)
AND YORKTON CENTRE POINTE SOUTH (IMPROVEMENT N0. 84, PROJECT N0. 4)
AND ADJACENT AREAS
WHEREAS, contracts have heretofore been let for the construction of the
following described improvements:
The construction of sanitary sewer, storm sewer, water, street,
curb and gutter improvements to serve Wesley Lane and adjacent areas
(which improvements have heretofore been known and designated as Im-
provement No. 86, Project No. 2).
The construction of sanitary sewer, storm sewer, water, street,
curb and gutter improvements to serve Evergreen Knolls 2nd Addition and
adjacent areas (which improvements have heretofore been known and
designated as Improvement No. 86, Project No. 6).
The construction of sanitary sewer, storm sewer, water, street,
curb and gutter improvements to serve Mendakota Estates and adjacent
areas (which improvements have heretofore been known and designated as
Improvement No. 86, Project No. 8).
The construction of street, curb and gutter improvements to serve
the North End (which improvements have heretofore been known and desig-
nated as Improvement No. 79, Project No. 3).
The construction of sanitary sewer, storm sewer, water, street,
curb and gutter improvements to serve Deer Trail Hills and adjacent
- � areas (which improvements have heretofore been laiown and designated as
Improvement No. 86, Project No. 10).
The construction of sanitary sewer and water services to serve
Valley Curve Estates and adjacent areas (which improvements have here-
tofore been known and designated as Improvement No. 86, Project No. 5).
The construction of sanitary sewer, storm sewer, water, street, ' '
curb and gutter improvements to serve Spring Creek Acres and adjacent -
areas (which improvements have heretofore been known and designated_as,�-�;�?_ ,
Improvement No. 87, Pro ject No. 1) . _ , .. . , ...,_r_.. . :�. � ; r�.; _. •
�
The construction of sanitary sewer, storm sewer, water, street, '�
! curb and gutter improvements to serve Yorkton Centre Pointe_Soutli and . -.
adjacent areas (which improvements have heretofore been known and
designated as Improvement No. 84, Project No. 4).
and
WHEREAS, the construction of said improvements are substantially com-
- pleted or will be substantially completed this summer of 1987.
NOT THEREFORE, IT IS HEREBY RFSOLVED by the City Council of the City�-of
Mendota Heights as follows: -
1. That the total cost of the above described improvements shall
be assessed against all properties benef ited by said improvements.
2. That the City Clerk with the aid and assistance of the City
Engineer be and is hereby authorized and directed to prepare the sepa-
rate assessment roll for the above described improvements showing the
proper amount to be assessed against each of the lots, pieces or par-
cels of land benefited by said improvements.
Adopted by the City Council of the City of Mendota Heights this 2nd
day of June, 1987.
ATTEST :
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
BY - _ ..
Charles E. Mertensotto, Mayor
,
CITY OF MENDt3TA iiEIGFiTS
�
May 29, 1987
TO: Mayor, City Gouncil and c%iy,�� istrator
FROM: Kath3een M. Swanson, City Cl.erk
SUBJECT: Propased Amendment to Contractor License 4rdinance
INF4RMATION
Several weeks ago Dave Drugg, Loss Control Manager from
our insurance underwriter, North Star Risk Services, met with
various members of the City staff to review City o�erations
and complete a loss control. survey. After cam�Ieting the
survey, Mr. Drugg made a number of recommenda�.ions to assist
in minimizing the City�s patential for loss. One of t�hose
recommendations was to increase the liability and property
damage insurance limits for contractor licenses to the same
minzmum limits carri.ed by the City. ''
In response ta that recom�ttendation, we hava prep,�red the�
attached ordinance amendment, which proposes an increase in
public liabi.lity in�urance from $100,000/200,000 to
�aoo,00a/�ao,000 far personal injury.
RECOMMENDATIONjACTION REQUTRED
Since the purpose of the recommendations is to improve
the City's risk e�rosuref we recammend Council adoption of
the attached proposed Ordinance.
If Council concurs, it should more to adopt the attached
proppsed Ordinance No. 233, "AN ORDINANCE AMENDING ORDINANCE
NO. 6Q1."
,
:._. _._ _ . __�>.... _, . ... , _. , _ .. _
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E
_ __ CITY OF MENDOTA HEIGHTS___ _ _ _. _ _ _. _ _ __ _ _ ___
DAKOTA COUNTY, MINNESOTA • . .
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 601
The City Council of the City of Mendota Heights_, Minnesota ordains as
follows: -
-- SECTION-1:� Ordinance No. 601, known and referred to as "AN ORDINANCE
PRO�lIDING FOR THE LICENSING OF CERTAIN BUSINESSES AND OCCUPATIONS AND
PROVIDING FOR THE REGULATION THEREOF," is hereby amended in the following
respects:
A. Section 13 of said Ordinance No. 601 is hereby amended in its
entirety so that as amended it shall read as follows:
SECTION 13. LIABILITY INSURANCE
Any person holding a license hereunder shall file with the City
Clerk policies of public liability and property damage insurance
which shall remain and be in force and effect durinc� the entire
term of said license and which shall contain a provision that they
shall not be cancelled without 10 days' written notice to the City.
Public liability insurance shall not be less than $200,000 for
injuries, including accidental death to any one person, and subject
to the same limit for each person, in an amount of not less than
$600,000 on account of any one accident, and property damage
insurance in the amount of not less than $50,000 for each accident
or mishap. Said policies of insurance shall further provide for
' indemnity and s�curity to the City of Mendota Heights aganist any
liability and/or responsibility for the acts, actions, or omissions
of the licensee or of any of the agents or servants of such
licensee subject, however, to the limitations as to the amount
herein stated. No work shall be done under any license hereunder
until said insurance policies shall have been filed and approved by
the City Clerk. Provided, however, that in the case of plumbers
who have obtained a license to perform such work from the State of
Minnesota, there shall be no liability insurance required under the
provisions of this Section.
SECTION 2.
This Ordinance shall be in full force and.effect from and after its
publication according to law. : �
Enacted and ordinance into an Ordinance this Second day of June, 1987.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
ATTEST: C ar es E. Mer enso 0
Mayor
Kat leen M. Swanson
City Clerk
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0
MEMO
CITY OF MENDOTA HEIGHTS
May 21, 1987 • _
To: Mayor and City Council "
From: Kevin Fraz �,�if`�y Administrator
Re: State and Local Legal Center
Attached is a joint letter from the National League of
Cities, the U.S. Conference of Mayors, and the International
City Management Association requesting our support of the
State and Local Legal Center. As you can see, the purpose of
the Center is to provide legal advocacy work before the U.S.
Supreme Court on issues of concern to State and local
governments.
The sponsoring organizations are apparently attempting to
create an endowment fund that will support the on-going work
of the Center without the need for annual donations. Based
on our size, our contribution would be $150.
RECOMMENDATION - "
Mendota Heights, like all cities is continually impacted by
federal regulations. Recent Court rulings, most notably the
Garcia case that extended the Fair Labor Standards Act to
local governments, are costing us many times the requested
contribution. Therefore, I recommend our participation.
ACTION REQUIRED
If Council concurs with the recommendation, it should pass a
motion authorizing payment of the $150 fee for the State and
Local Legal Center. _ ,
,
ationai League of Cities
1301 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
April 28, 1987
Kevin D. Frazell
City Administrator
City of Mendota Heights
750 South Plaza Drive
Mendota Heights, MN 55120
Dear Mr. Frazell:
1620 EYE STREET, NORTHWEST
WASHINGPON, D.C. 2000fi
TELEPHONE (202) 293-7330
ICMA. the protess�onal assxiaaon
ot appom[ed admin�s[ratocs
serving cities, count�es. reg�onal counnls,
and other local governments
1120 C Street. NW
Wastungton, DC 20005
�17A,'� .� � ����
We �e writing about a matter that needs your attention and support--the State
and Local Legal Center—the organization representing the interests of state and
local governments before the Supreme Court. We hope you will join the hundreds
of cities across the country that have already contributed to the Legal Center. �o
be specific, we are asking that your city make a one-time payment to the Legal
Center to enable it to continue advocacy of municipal interests before the
U.S. Supreme Court. Here's why ...
For more than a decade, decisions made by the United States Supreme Court have
seriously eroded the authority and fiscal integrity of local government. The Court
exposed cities to antitrust liability, required compliance with the Fair Labor
Standards Act, questioned many of our land use and zoning powers, interfered with
local labor practices and policies, expanded municipal liability on many fronts, and
redefined municipal functions—to name just a few!
Each successive term, more and more challenges to local government power and
authority are heard and decided by the Court. During its 1985 term, the
U.S. Supreme Court heard some 65 civil cases directly affecting state and local
governments. ,
Five years ago, we joined forces with our counterparts representing state and
county groups in creating the State and Local Legal Center as a program of the
Academy for State and Local Government. The Legal Center's mission is to
advance the collective interests of state and local governments before the
Supreme Court.
The State and Laca! Legal Center was created #o fill a void in ihe advacacy of
state and local governmental interests before #he nation's highest court. No ather
organization represents the interests of the chief elected policy makers of both
state and Iocal gov�rnments. We cannot Ieave those interests unprotected, nor
can we assume that o#hers will make the Court aware of our policy choices, and
the legal arguments in support of them, in cases befiore the Court.
The Legal Center's siaff aitarneYs warlc ciasely wiih the NatianaS lrrsiitute of
Municipal Law Officers (NIMLO) and the National Association of Attarneys
General (NAAG}. And i'he Legal Center staff is backed vp by speciaiized, highly
skilled, private attorneys—experts on the intricacies of Supreme Court practice
and specif ic subs#antive areas of law--wha are contribu#ing thousands of hours af
time fio fihe Legal Cenfier wifihout compensotion.
The LegaE Cenfier submitted 22 amicus br"sefs on behalf af staie and local
government during the Supreme Court's last term alone. It has conducted more
#han 50 moot caurt sessions fio assist s#afie and locai governmeni attarneys prepar�
for oral arguments before the 5upreme Court. And all of this has been
accamplished wiih na charge or fee to the individua! jvrisdictian whase cc�se was
befiore the Caurt. No other organixafiion provides state and iacai government with
such horsepower.
Does legc�l advocacy work? lndeed it does. !n a very short time, in case after
case, #he St�fie and Local Legal Center has been insirumentaS irt �ra#eciing and
advancing the interests af locai government, During last term, we won major
rulings frar» the 5upreme Caurt, reducing greatiy, the exposure of cities to ..
anfiitrust challenge, a(lowing locai zoning reguiafiions to iimifi fihe iacatian of adult
movie theaters, protecting voluntary affirmative action plans of cities, and
restaring #1�e Qbility of state regvlatory agencies io #imit loca) telephone r�te
increases.
The Legal Center has been funded, to date, through a start-up grant from the
Pew Memorial Trust. The grant is now concluding, and the spansaring s-tate and
(ocal government organizafiions ht�ve agreed to assume responsibility far ensuring
the continued support of the Lega! Center. The state government associations
have a goal of raising $2.5 million and local government associations another $2,5
million.
Instead of trying to support this effort through annual dues, the National League
af Cities, Uni#ed States Conference of Mayors and the In#ernatianal City
Management Association have agreed .,to raise �1.5 million as the municipal
government share through a joint appeal to our members for a one-time
payment. The resvlts of aur collective effarts wiil perrnanently finance fihe work
of the Legal Center. Fees are based on the population of the contributing
jurisdiction. Because we need your svpport and involvement, we have iaken the
liberty af enclosing a statement with the amaunt of the proposed one-time
�yrnent for your city.
-2-
�
J
The Boards of Directors of the NLC, USCM, and ICMA have endorsed the Legal
Center and urge municipal governments to give it financial support. We hope we
can count on your early response to this truly worthwhile effort. Please call our
Executive Directors if you need additional information and assistance. You may
also call Joyce Holmes Benjamin, Deputy Chief Counsel of the Legal Center at
(202) 638- I 445.
Thank you for your support. -
Sincerely, "
� •
�
Cathy R olds Jos `ph P. Riley, Jr.
President, Pr ident,
National League of Cities .S. Conference of Mayors
Councilwoman-at-Large, Mayor,
Denver, Colorado Charleston, South Carolina
i���`�
Bu M. Watson, Jr. - _
P ident,
International City Management Association
City Manager,
Lawrence, Kansas
cc: Chief Legal Officer
Enclosures
1
-3-
�
0
0
:•�:.^�-.,.':..._..-_-.. : — �;,, ... ... . �,� ' � ' ,,�T�.:,n+�'Q� Jr -Ri -.t- �-��.w�i T�T.:, � nwt.iYi+w'T: V.�'�?_'F'�•¢.7 �r � � Ka„K 'F �.�,wW^+... -
. , +v _ , u .1,y::-,4*�i.m: faih�N'� •«".-
The Academy for
State and Local Government
The State and Local Lega� Center' -
444 N. CAPITOL STREET, N.W., SUITE 349/WASHINGTON, D.C. 20001 (202) 638-1445
I NVO I CE
. GOVERNED BY:
Council of State Governmenta
i�temationa! City ManaQement Asaociation
National Association of Countiea
Natbnal Conierence of State Legialatures
National Govemors' Assxiation
National League of Citiea
U.S. Con(erence ot Mayors
To: ':Lv�.� �. 1=raz_i�
Date: l�ri1 ?3, 1337
•�i �� as.�r,' ni st.r3 :or �
.,'. �:'J J t' '� •'t i 'iU �.:1 �i �' 1 � i"t t S
/.�J 5ouc�� ?l�z� �•ri',r�
; l��ndo �a ;iei �hts, �1"d �512J
�
For: Fee for Service for State and Local Legai Center s
Sponsored by:
The National League of Cities
The U.S. Conference of Mayors
The International City..Management Association �
Please make remittance payable to:
Academy for State and Local Government
444 N. Capitol St., NW, Ste. 349
Washington, DC 20001 ?
Due upon receipt. Thank you.
Keep pink copy for your records. Return yold copy with payment.
`
,
_.
�������
itional League of Cities
1341 Pennsylvania Avenue, N.W.
Washingtan, D.C. 20004
�
1620 EYE ST'REET, NORTHWEST
WASHING'T�ON, D.C. 20Q06
-TELEPHONE (202) 293-73iQ
April 24, 1987
QUESTIONS AND ANSWERS
STATE AND LOCAL LEGAL CENTER
l. What is the State and Local Legal Center'?
ICMA. che proteaeionrl aeaoaacion
ot appainced admimstratoza
sornng cznes, countaes, regional couat7is.
and other Ipcel goverrunenta
2120 G Sueet, NW
Wastunqton, DC 200q5
„ The State and Local Legal Center, a project af the Academy
for State and Local Gcrvernment, was established in 1983 by the
seven major national organizations of state and ].ocal general
purpose governmen�. of�icia3s.lj Governors, legislatars, and
local government officials thought it important to �ind a way to
advance and defend the interests of state and local governments
within our federal system, and, specifically, to provide an
enhanced presence for state and local governments before the
Supreme Court of �he United States.
The Academy is a nan-pro�it, tax-exernpt carporation governed
by these arganiza�.ions of state and ],ocal gavernment elected and
appain�.ed officia3s as their joint policy center. The executive
directors of tiie organizations serve as the Academy's Board of
Trustees and direct all activities af the Legal Center.
,
1/ The National Governors' Association, National Conference o�
S�ate Legislatures, Councii of S�ate Governments,.=National
Associatian of Counties, National League of Cities, U.S.
Cpnference of Mayars, and International City Management
Assoca.ation are the trustee organizatians of the State and ._ .� .�„_,. _
. Local Legal Center. �� ..;�'W �._ _ .. _ - ._ . . _
.}
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2. Why was the State and LocaY-Legal Center established? -��
Each year, out of the thousands of cases in which review is
requested, the Supreme Court chooses about 150 for a fuli M
hearing, almast half of which are civil cases involving state or
Iocal governments. Befare the creation of the Legal Centez, the
Court was deciding these cases without understanding the
viewpoint of state and local governrnent officials other than the
party ta the case. The Court routinely heard cases invalving
. federal preemption, �tate and lacal regulatory authority, and
taxatian; and it decided those �ssues case by case on the argu-
ments of the parties involved. The larger perspective of state
and local gavernments generally was not affered to the Court ta
help the Court in its decisions because there was no organization
charged with that ta�k. At the time that the Legal Center was
established, there was no legal office or organization in the
country--and there still is none other--that represented state
and local government officials united in their comman concerns.
The absence of an effective, organiaed voice for federalisrn
led to the establishment of the Legal Center. In its sim�lest
terms, the Legal Center provides a rnechanism for state and local
government officials to follow �he Supreme Court's docket and
respond with their views in appropriate cases. State and local
gavernments seemed to be among the last major players before the
Supreme Cour� to appreciate the value of thoughtful, well-
prepared amicus curiae briefs. An effective�amicus brief lets
the Court know that others care about the case, how�strongly they
_care, a�d why they care. It may also provide the Cour� wi�h
views that differ -- in legal theory, in breadth, i,n implica-
tions, or otherwise -- from those expressed by the party to the
case. Amicus briefs are often instrumental in winning the case
before t� aurt or in laying the groundwork far winning another
case down the iine. The federal government, public interest
groups, and business interests �requently file such briefs to
pravide the Court with their views.
In less than four years, the Legal Cen�er has £iled more than
50 amicus briefs in �he Supreme Court. �requently, the Legal
Center's brief has been the only amicus brief �iled in the case
on behalf of any state or local governments or officials; and it
is always the only brie£ filed an behal£ of state and local offi-
cials. Although other organizations, notably the Nationa3
Association o£ Attorneys General or the National Institute of
Municipal Law Officers, may file or facilitate the filing of �
.briefs on behalf af their members, neither offers �he Legal
Center's voice of state and local o�ficials in unison. The Legal �
Center's amicus brie�s, which have been expressiy cited or _ r_. _
obviausly followed by the Court in many cases, fulfill the vision
of the Legal Center's faunders: a rneans for state and local
•governments, acting together, to advance their common interests .. .
-and the interests of federalism in the Supreme rCourt.,.. ..(The_Legal_ ___�,
Center's other pragrams, which are described -in other answers, . �
are also designed ta enhance the presentation af the views of
state and lacal gaverninents to the Court,} '
��
3. My city'or state does not expect to be directly involved as a ,
party in a Supreme Court case. How will we benefit from the
State and Local Leqal Centec?
No city or state expects to be involved in a Supreme Court
case, and few become directly involved. But your government may
become involved in unexpected litigation, or litigation that
unexpectedly makes its way to the Supreme Court.
Moreover, your qovernment is affected by Supreme Court deci- _
sions, even thouqh no statute, ordinance, administrative_deci-
sion, or tax from your jurisdiction is ever challenged in court.
The Supreme Court makes law for the nation; each city, county
and state must obey its rulings. If the Supreme Court had
decided that an ordinance restricting the location of "adult"
motion picture theaters to commercial areas violated the First
Amendment, that decision would have imperiled similar ordinances
all over the country. The Leqal Center helped to persuade the
Court to�sustain such an ordinance in Renton v. Playtime
Theatres. Had the Court ruled that Congress granted t e Federal
Commun cations Commission authority to order California,
Louisiana, Ohio, and Florida's regulatory agencies to use the
federal depreciation rate schedules in setting state telephone
rates, regulation of utilities by all states would have been
severely curtailed. The Legal Center helped to protect the
challenged.requlations in Louisiana Public Service Commission v.
FCC.
As these cases illustrate, state and local governments in
general benefit by havinq the State and Local Leqal Center moni-
toring the Court, ready to hel� make the best case for federalism
by defending the authority and responsibility vested by our
Constitution in the hands of elected state, county, and city
officials.
4. How did the Legal Center begin?
The concept of a center for Supreme Court advocacy for state
and local governments was developed over time and by many par-
ticipants. Governors, leqislators, and local government offi-
cials worked through their own membership organizations for�its
establishment. In 1983, as a result of their,efforts, the Legal
Center was established with a grant from the Pew Memorial Trust,
one of the major national foundations. The seven trustee organi-
zations have each made direct annual contributions to the Legal
Center, which also receives substantial support from the Academy.
5. How does the Legal Center reconcile a possible conflict-°be- :••-� --
tween state and local governments? . . - _- . ,rF>.-. ; :•.,�., ;�-•;�' ;+r:`� ;�� ; _.._ .
State and local officials,aqree about the principles of
federalism and the importance of maintaining a strong voice for
-3-
state and local authority before the Supreme Caur�t af the United
States. In the rare case (perhaps one a year) that reaches the
Court in which the interes�s oE state and local qovsrnments
diverge, the Legal Center does not participate.
6. Why the focus on the Supreme Court7
A Supreme Gourt case differs from litigation at lower levels
of the judicia3 system in several important respects, The
Supreme Court makes law for the nation; what the Supreme Court -
decides not only governs the disposition of the particular case,
and possibly a great many other cases as well, but provides a
standard of conduct for individuals and gavernmen� officials for
the future. The very �act that the case has reached the highest
court in the land demands the very best advocacy abtainable.
When a case reaches the�Supreme Caurt, the issues have been
distilled to one or more clearly defined points of law, requiring
careful concentration and techniques very dif�erent from those
that may be ef£ective at trial or in an intermediate appellate
court. The type oE issue considered by the Supreme Caurt differ�
f rom the issues that typically control the disposition of cases
at lower levels. In addition, the Justices have an unparalleled
depth o� knowledge af constitutianal issues that demands a high
degree of expertise on the part of attorneys appearing beEore
them. Special training is required ta compress the presentation
of complex issues into the 2imited time allowed by the Caurt,
which is generally reduced by questions from the Justices. The
stakes are high, and state and loeal qovernment a�torneys are
frequently opposed 'by �he best legal talent in the country.
7. Do the activities of the State and Local Le al Center dupli-
�cate t ose o ot er organizations? �
No. The Legal Center was established ta meet a recognized
unmet need, discussed previously.
The National Associatian a� Attorneys General (NAAG) is �he
primary service organization of the state attorneys general; it
provide's substantial assistance only to its members and their
sta�fs. The National Ins�itute o� Municipal Law Officers
(NIMLO}, in which mvnicipalities partzeipate �hraugh their chief
legal officers, as�ists those municipal a�torneys through a
variety of programs. State agencies and many cities are �re-
quently represented by attorneys who are not served by NAAG or
NIMLO. The Legal Center has a number of pragrams designed to
assist these attorneys. More impartant,� the Legal Center`s �
pragrams advance the comman concerns of state and local govern-
ments when cases before the Supreme Court af the.Uni�ed States_ _
will affect their interests and their authority. .� • �
. ..� a. �w+a `. 4' �, .. .. . +
-4-
�-"8. What is the relationship of the National Association of
.Attornevs General {NAAG) and its members, who�usually�repre-
sent the states, wi�n tne Le al �enter�� w�ac �s cne reta-
tionship o the Nat�ona Znstitute o�unic�pa Law Of �cers
�(NIMLO) with the Legal Center?
The Legal Center has coaperative and non-dupiicative re3a- -
tionships with NAAG and with NIMLO that have been described in
formal operatinq agreements to clarify the respective rales of
the organizations. �
The NAAG aqreement recoqnizes that N
nization of first resort in all cases wh
is the state's leqal representative, wzt
to aid A�torneys General by assistinq in
dinating briefs amicus curiae by states,
cour�s. The NIMLO agreemen� recognizes
arganization of primary resart in all ca
AAG is the service orga-
ere an Attarney General
h primary responsibility
writing briefs, by coor-
and by providinq maot
that NIMLO is the service
ses where a party ta a
case before the Supreme.Court is represented by a NIMLO member,
with primary responsibility to aid its members by providing
assistance in writing briefs and hol�ing moot cour�s.
In all cases in which the party is not represented by a state
attorney general or a NIMLO member, the Legal Center is the ser-
vice organization o� first resort, with przmary respan�ibility to
aid the attorney representing �he party by assisting in writing C
briefs and pravidinq moat cour�s. The Legal Center alsa has sole
responsibility to aid the trustee arganizations in their �ilings
of amicus briefs and in other•actions in �hich they are named
partie y As set out in other answers, there are numerous areas
in which the organizatians cooperate in jointly providing
assistance toward their mutual goal of impraving the advacacy of
�tate and local government lawyers before �he 8upreme Court.
9. How does the Leqal Center decide in which cases to par-
ticipate?
The decision to prepare an amicus brief is ini�ially the
responsibility of a Leqal Task Force which meets perhaps 20 times
a year. Each of the seven �rustee orqanizatians and NIMLO is
represented on the Leqal Task Force by a staff inember. The Task
�orce uses written quidelines for case selectian that were
adopted by the Baard of Tr,ustees.2/ The representatives o£ the
organiza�ions are hiqhly experienced a�torneys familiar with
state, municipal, and constitutiona2 3aw. A representative o�
�he National Association of Attorneys General and the Chairman of
�he Advisory Board af the Leqa3 Center sit as.nonvoting members
of the Task �orce. ., �
2J A more detaz2ed description af the�process�is available
u request.
-5-
a C� . � " � ' . . . ._ . "
on
---- -�� The Legal Center staff reviews all cases that the Supreme
Cour� has decided to hear for issues that affect state or 2acal
governments. A written analysis is prepared whenever, in the
judgment of the staff, �he case warrants consideration by the
Leqal Task Force, or whenever any trustee organization requests
that a case be considered. Cases are also braught to the atten-
tion of the Legal Center by a state or local government attorney
- asking the Court to accept a case for review.
When the Legal Task Force selects a case for Leqal Center
participation, the staf� works closely with th� attorney repre-
senting the �ta�e, city, or county tha� is a party to the case.
4ne af the Legal Center's primary goals is to help attorneys
representing state or local governments make the best possibie
case ta the Supreme Court.
10. Haw does the Legal Center help an attorney representin� a
city, a county, or a state?
The Leqal Center of�ers direct assistance to the attorneys in
the form af substantive or ed�tarial suqqestions on their briefs
and arquments. In addi�ion, in workinq with local qovernment
attorneys, the Leqal Center lends videa tapes developed f�r
training an Supreme Court brieting and argument prepared in
cooperation with NAA.G (with fundinq by the U.S. Departrnen� of
Justice}. The Legal Ce�ter sponsors moot courts in which
experienced Supreme Court lawyers act as judges in rehearsal of
aral argu�ents, NAAG pravides the tapes and moot courts £ar �he �
Attorneys General and their staffs and NIMLO also offers a moat
court program ta its members. The Leqal Center of�ers indirect
assistance by filinq amicus briefs in 20 to 25 cases a Term; the
Legal Center staff work� clasely with �he attorneys in developing
and drafting amicus briefs. In faGtr state, city, and county
party briefs frequently reEer to the Leqal Cen�er amicus brie�s
in cases as a way o� supplementinq arguments in their own party
briefs.
The Lega1 Center has spansored publication of in-depth sch�-
larly analyses af s�ate/federal constitutional issues.3/ Mos�
recently, the Legal Center sponsared an issue of the Urbari Lawyer
(the publication of the American Bar Association Section on
Urban, State and Local Gavernment Law} dealinq entire3y with
�ederalism questions. Distinquish�d leqal scholars contributed
the articles for this publication.
The Legal Center has also, in conjunction with the National
Associatian of Attarneys General,-arqanized and canducted _. ..r ,_.
�raining conferences on Supreme Court advocacy for state and
loca2 qovernment at�arneys.
3/ Copies of the publications are available on request.
Q:fl
�ach month, the Legal Center publi�hes its newslette�, COURT
REPORT, to help state, city, and caunty officials keep in�ormed
about developments in the Supr�rne Caurt that may affect them.
11. What is the Legal Center's moot court pragram?
The. maot court is a rehearsal a� a Supreme Court argument �
before a panel of "justices" who are familiar with the issues in
�he case and with the techniques o£ appellate argurnent. Many
highly experienced �upreme Court advocates invariably partzcipate
in moot courts before argument. For an attiorney making a fir�t
appearance before the Court -- as most sta�e and 2ocal government
attorneys are -- a rnoot court is essential.
The Legal Center moot court pragram is desiqned to help a
government attorney prepare the best possible argument to present
�o the Court. (NAAG�provides �he moot court program �or Attor-
neys General and their staffs, and NIMLO o�fers a moot court
program for its members.�) State and io�a'1 attorneys frequently
�ace formidable opponents, lik� the Solicitor General of the
United S�ates ar an attorney from a large law firm wi�h extensive
Supreme Court experience; many state and local government attar-
neys find a maot court the best preparation far the oral argurnent
a.tself .
2he Legal Center provides videotapes on Supreme Caurt advo-
cacy to the attarney. One or mare moo�. court sessions are then
scheduled for the a�torriey, if possible a't a time when they can
also watch arguments before the Court. The Legal Center and NAAG
wark coaperatively in finding moot court panelists and in sche-
duling the moot courts.
Attorneys to da�e have been unanimausly appreciative of the
moot court sessions and typical].y say, after the actual Supreme
Caurt argument, "I wasn't asked a question tha� Z hadn't heard
before."
12. What is an amicus brief, and why are they �iled?
An amicus curiae (or fr%end of the court) brief is filed by a
person or organ�.— za zan who is not a�arty in the case, bu� is
vita],ly �i.nterested a.n its outcome because of the potential ef£ect
af t�he deeision. The Salicitar Genera3. af the United 8tates is
the most active amicus before the Supreme Court, sometimes on the
5olicitor's awn �.nit ative and sometimes a�. the request of the
Cour� in cases�in which the Justices think it important ta have
the view� of the United Sta�es Government. Amicus briefs are
also filed frequently by the American Civil L�ies Union and
other organi�ations inc].uding business groups ;and pro£essional ,
associata.ons. �. � , � �. • � . � ' _ . _ - . , '
-7-
Amicus�briefs are filed Eor a number of reasons.� One is to - "-'
present an argument or point of view that differs somewhat�from
the party's presenta�ion. The party qenerally has a single goal
in mind: ta win the case. The amicus may view the case from a
broader or diEferent perspective. For example, in Fisher v.
City af Berkeley,_the city's principal concern was Co defend its
rent control ordinance f.rom preemption under the federal
antitrust laws. The Leqal Center's °amicus brie� argued that all
unilateral ra�e requlatian was valid because it did no� involve
the concerted action prohibited by the anti�rust laws. In Welch
v. Texas Department of Hiqhways, the state argued that it was not
liable under �he Jones Act, a federal statu�e regulating the
emplayers af seamen, because that Act did nat apply to the
s�ates. The Leqal Center's amicus brie� arqued tha� the state
was nat liable in that case ecause it was brought in federal
court and the Eleventh Amendment barred federal courts from
awarding damaqes aqainst the state.
Another reasan is to brinq to the at�ention of the Court
facts or arguments whic�h, although not essential ta the decisian
of a particular case, may persuade �he Cour� to frame its opinion
in a way that will be helpful in later cases. For example, in
Hillsborough County v. Automated Medical Laborataries, the Legal
Center arqued that county ordinances requlating the collection of
blood plasma were not preemp�ed because federal agency regula-
tions should never be construed to preempt state or local requla-
tzon �hat is not in conflict with federal law unless the federal
aqency has expressed its intent to preempt �he requlatian in
que�tion. T�is theory was instrumental nat �nly in winning the
particular case, but it has already been important �o victories
in other cases involving preemption by a federal agency,
including te2ephone rate requlation and environmental requlatian
o� mining on federal land. California �ederal Savings & Loan v.
Guerra involved a preempti�n c allenge under Tzt e VII, t e
e� deral employment discriminatian statute, to a California sta-
tute that required employers to allow unpaid maternity disability
leave. The Legal Center argued not anly that the challenged sta-
tute was valid under a technical readinq of Title VII, but also
that it was valid because preemption under Title VII should never
be found if the �mplayer could comply with both federal and state
law. The theory, which the Caurt�accep�ed, will be important not
only in other Title VII preempti�n cases but in other areas where
s�ate and local qovernments share concurrent requlatory authority
with the federal qovernment.
Yet another reasan is to emphasize the impartance of the
issue befare the Court by affirmatively indicating the interes�
of a large or representa�ive qroup; the Legal Center speaks for
all or some o� the seven major orqanizations of qeneral purpose
siate and lacal �overnment elected and appointed af�icials.
_g_ -
---� � 13: Who�writes the Legal Center amicus briefs3 .
Many of the amicus briefs are written by the Legal Center
staff. The three attorneys presently on the staff have diverse
backgrounds, which include federal appellate and Supreme Court
clerkships, federal government service, a municipal attorney's
office, and the private practice of law. Their combined
experience totals more than 55 years in the practice of law,
including extensive�experience in the briefing and argument of �
appeals before the United States Courts of Appeals and state
_.____rappellate courts,_.and,in..reading_ a.nd_wr_i.ting Su�rem�sourt br�iefs--
and watching Supreme Court arguments.
The remainder of the briefs are written by pro bono attorneys
under staff supervision. The Legal Center has een abre to par-
ticipate in an additional number of significant cases by
enlisting the help oE distinquished attorneys, in Washington and
elsewhere, who have volunteered to assist the Leqal Center in
attaining its goal of enhancing the legal presence of state and
local governments in the' Supreme Court. These pro bono attorneys
provide a variety of services to the Center: tie serve on the
Legal Center Advisory Board; they give advice on the selection of
and approach to particular cases; and they serve on moot court
panels, in addition to drafting some of the Leqal Center's amicus
briefs.4/
In selecting an attorney to prepare an amicus brie.f in a
particular case, the Legal Center seeks someone who is knowledge-
able in the substantive area of law,-familiar with SuRreme Court
practice, interested in the issue, and sympathetic to the
viewpoint of state and local qovernments. Whether an attorney
works on a particular case will depend, of course, upon the time
he or she has available and on the absence of any conflict of
interest.
The Legal Center staff is always intensively involved in the
preparation of the brief, consulting frequently with the pro bono
attorney. The Legal Center also serves as liaison with tz�
attorney representing the qovernment on whose side we are par-
ticipating in the case. The staff, subject to the guidance
received from the trustee organizations, retains final editorial
control over the brief, and also manages the printing and filing. "
Althouqh the dol�ar fiqure for the value of the services that
pro bono attorneys provide to the Leqal Center is necessarily
ni exact, a number of these attorneys have said that their amicus
4/ A list of the attorneys who have drafted amicus briefs for
the Legal Center on a pro bono basis, and a description of -
the Advisory Board and a�lis �of its members,.,are,;available ,. _ ,, _
on request. � � • .
�
�� - briefs would have cost a-payinq client between $3.5, 000 and --- -,-
$65,000. To date, 35 of the Legal Center's briefs have been pre-
pared with the help of these public-spirited law firms. Thus, we
estimate $1,225,000 to $2,275,000 in legal advice qenerously
contributed to assist state and local qovernments.
14. Why did the Board of Trustees choose a range of funding • -
� options for funding the Legal Center? `
Although the Academy for State and Local Government was suc-
cessful in persuading the Pew Memorial Trust of the efficacy of
supporting the creation of the Center, that foundation and others
approached for long-term support asked a simple question: What
are the states and localities doing to protect their own
interests? The trustees recognized the legitimacy of the
question. In consultation with the governing structure of each
of the seven national organizations, optional funding plans were
presented that recognized the wide array of resource allocation
preferences of states and localities.
The three city organizations, the National League of Cities,
the United States Conference of Mayors, and the International
City Management Association, decided that one-time payments to an
endowment fund would best generate the stable financial support
necessary for a small core staff for the Leqal Center, without
the need for annual campaiqns amonq their many jurisdictions.
The three city organizations felt strongly that city governments
would prefer to mak�e one-tims payments to establish the Legal
Center rather than to create another organizatior, in Washington
asking local governments annually for dues. Members were polled
and indicated their preference for this fundinq mechanism.
The National Association of Counties decided to defray its
share of the annual cost of the Legal Center out of its organiza-
tion's budget.
The three state-based organizations, the National Governors'
Association, the National Conference of State Legislatures, and
the Council of State Governments, developed a three-tiered stra-
tegy for the states. In brief, the three-tier option plan allows
a state to select the funding method best meeting its needs. A
state may make an annual appropriation, or an equivalent, one-
time, special assessment, which may be paid over one or three
years.
The Academy has established a leqally binding set of proce-
- dures to assure that funds collected•to carry out the activities --_�. -
of the Legal Center are used for that purpose. Payments are
deposited in an irrevocable secured trust fund to be used only to
support the Legal Center; �the income from the fund (none of • the-.-�.� -.�:_- �-
" . principal ) will be used to support , the -Leqal•:Cen.ter-! s� annual ,:� ; =.,-�i � . > .
operating budget. ��
-10-
,
�
Control over the Legal�-Center �and the� endowment -fund _remains
with the Academy Board of Trustees, who are the directors of the
seven organizations. Those directors, in turn, work for their
boards �f directors, who are governors, state legislators,
mayors, members of city councils, county officials, or local
_qovernment professional managers.
15. Do cities h�ve the authority to contribute to such an
endowment?
That question was referred to outside legal counsel, who
concluded that such payments are a legitimate expense for city
and county governments. Copies of that legal opinion are
available from the National League of Cities.
�
-11-
.\
,
- -- If�you wish further inFormation about the Legal C�nter or its .
, funding, the followinq documents are available:
1. Guidelines for selecting cases and list of Legal Task
Force_members.
2. Case list of briefs filed by the Legal Center.
_ 3. Purpose of the Advisory Board and list of its members.
4. List of pro bono attorneys who have assisted the Legal
Center by draft ng of amicus briefs. -
5. Copies of the following symposia:
a. Symposium: State and Local Government Issues Before
the Supreme Court, 31 Cath. L. Rev.,
pring .
b. Symposium: Supreme Court Advocacy, 33 Cath. L.
Rev., Spring 1964.
c. Federalism: Issues Before the Supreme Court, 18
Ur an Lawyer, Summer 9$6.
Call or write Joyce Holmes Benjamin, Deputy Chief Counsel, at
- (202) 638�1445, 444 North Capitol Street, N.W., Suite 349,
Washington, D.C. 20001.
-12-
•t�, •
«"
9
C
MEMO
CITY OF MENDOTA HEIGHTS
� ,ry.C4 _
`F�
� To: Mayor and City Council
From: Kevin Fra ��ty Administrator
Re: Public Works Contract
May 28, 1987
INTRODUCTION
Negotiations for a 1987 public works contract have been
particularly difficult. However, this week the Union and I
came to agreement on a contract covering both 1987 and 1988.
The purpose of this memo is to describe that agreement and
recommend Council ratification.
DISCUSSION
The difficulty in reaching agreement has revolved around
wages. Non-organized City employees and the Police Officers
bargaining unit were extended 4% increases for 1987.
Hawever, because of the implications of pay equity
lec�islation, we were only willing to offer the �ublic works
union 3�. Other issues were resolved rather quickly.
PROPOSED AMENDMENTS
The agreement I have reached with the Union is for a two-year
contract and would make several changes in the existing
contract. These are itemized below, and brief comments given
after each. -
1. WAGES
The existing (1986) contract has the following wage
scale: '
Maintenance I $ 8.47
Maintenance II 11.75
Lead Worker 12.30
Mechanic 12.30
The proposed wage scale is:
1987
Maintenance I $ 8.47
Maintenance II � 10.13
Maintenance III 12.10
Leadworker 12.67
Mechanic 12.67
1988
$ 8.47
10.43 �
12.46
13.05 �" -
' 13.05
COMMENT: All Maintenance II would move to Maintenance
III, and our one Maintenance I, Dave Sorby, move to
Maintenance II. The net effect is a 3� increase in
` hourly rate for all employees, except Sorby, in each year
of the contract.
Under the existing contract, Sorby's time is divided
roughly in half between.hours spent as Maintenance I and
as Maintenance II. The substantial increase in rate for
his lower valued hours produces an overall pay increase
of about 10% for him. During his year and a half with
the City, Dave has shown himself to be a very competent
public works employee, and we do not feel it is feasible
to continue his compensation at a level drastically less
than that of coworkers doing the same job.
The original reason for the salary differential was to
, address concerns about pay equity implications. As
Council will see when I present a pay equity pran later
this month, the hourly rate of $10.13 is appropriate for
this position. Under the existing (and continuing)
contract language, the classification of any employee
hired after January 1, 1984 is purely by management
determination.
2.
3.
The cumulative wage increase for the bargaining unit is
3.8%.
WORKING OUT OF CLASSIFICATION
The hourly rate for working out of classification, that
is when operating the Case Loader-Backhoe, grader, or
leased tracked equipment, is increased from $12.25 to
$12.62 in 1987 and $$13.00 in 1988, a 3� increase in each
year. ,
INSURANCE
An increase in the monthly insurance contribution from
$165 to $175 in 1987, and $185 in 1988. - ;' - '� "
COMMENT: $175 for '87 in the same amount currently_being ..
received by non-organized and police employees.:: ���.t;--`;' rt�t•' --. , . . _ : _ . -�-:•��
. . ; -. -. -� . . .. : ; ... . . •- � � .. - .... Y, . >
0
0
4. CLOTHING ALLOWANCE
Under the existirrg contract, the employer furnishes two
pairs of coveralls on a repair or r,eplacement basis, and
each employee also receives a$50 annual reimbursement
for clothing.
_ The �roposed contract would eliminate the coverall
requirement, and increase the maximum annual clothing
reimbursement to $125 in 1987 and $140 in 1988.
CONIlKENT: The amount of the clothing allowance is
comparable to that being paid by other cities providing
cash allowances only.
5. HOLIDAY WORK
The existing contract is silent on compensation for
work performed on designated holidays. The proposed
contract would clarify that employees required to work on
holidays will receive time and a half for the hours
worked, plus receive eight hours off at a later time.
CONIlKENT: This provision is consistent with the way non-
organized and police employees are currently treated.
Practically, about the only time public works employees
work on holidays is in the event of snowstorms.
6. PERSONNEL LEAVE/EXTENDED DISABILITY PROGRAM
Public works employees would have the opportunity to
participate in the Personnel Leave/Extended Disability
program extended to non-organized employees this year.
COMMENT: As a refresher, a copy of the resolution adopted
by Council last year is attached.
All other conditions of the contract remain as currently
written.
-- BUDGET IMPACT ' �
Adequate funds are available in the adopted 1987 budget to
implement this contract settlement. The only unanticipated
expense is the increased cash clothing allowance; the total
for the bargaining unit is $350, so can be accommodated with
unexpended funds from other budget line items.
RECOMMENDATION
- � - -_ As indicated above, it was very difficul.t to ��come..�to ��µ� - ., v , . � � �_- _ . : c
0
agreement an a contract this year. I feel that the praposal
before Gouncil is fair to the covered emplayees, helps
address our pay eguity abligations, and is within the City's
.ability to pay. I alsa think it will be beneficial ta have
� public works compensation settled for two years. Therefore,
S strangly recommend Counci.l ratification.
ACTIt�N REQUIRED _ r
If Council concurs with the recammendation, it should pass a
motian autharizing execution of a 2987/88 contract with the
public works bargaining unit per the conditions outlined by
the City Admirtistrator.
,
,. . . ._. , . : .. , _ � ._ ".-�, .......: .�. .�.= _ . ry . �-- t
._ . . . . ... ... ,. . , . , . _.. _.. , _ _ . . .. .-. ---, . . � . � r .. . .,... . , . ... . . ... .....__. ....
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTIt}N Nt�. 86�- 104
��
RESOLUTION AMENDING PERSONAL LEAVE/SICK LEAVEKPROVISIONS � .
OF THE PERSONNEL Ct3DE FQR THE CITY �3F MENDt3TA iiEIGHTS
WHEREAS, on December 17, 1985, the Gity adopted
Resolution 8S-I.0'7 establishing a personnel code for the City
o�' Mendota Heights; and
WHEREAS, Section 11 af that Code established for the
first time a pola.cy of Persanal Leave/Extended Disability
Protection ta replace the City's prev�.aus sick �eave palicy;
and . .
WHEREAS, after approximate].y nine manths of experience
with the palicy, a Committee composed of Council �
representatives, the C.ity Admi.nistrator, and e�ztployee
representatives has reviewed the policy, and recom:mends that
it be changed as outlined below.
NOW, TFiEREF4RE BE IT RES4LVED by the City Council. af the
City af Mendata Heights, that Section 11 oi Re�olution 85-107
be repealed in its entirety effective sanuary l, 1987 and
replaced by the foll.owing: _ . _
Secti.an lI. Personal LeavejExtended Disabzlity
Protection
a. Personal Leave - Beginning January 1, 198'7, ali
permanent full-time emplayees shall. accrue personal
leave at the rate of four {4} hours per month, to a
maximum of 320 hour�. Personal leave shall be
available for use without restriction, except prior
approval af the supervisor. An employee sha11. not be
aZlawed to usa mare than twenty (20) consecutive
personal days, ar a combination of twenty (20)
consecutive PersonaJ. and vacation days, w�.thout prior
approval of the City Council. _
Each December 1, any employee with an accru�d
Personal Leave balance in excess of 320 haurs may
� convert the excess hours�at the rate of 50�, ta
either additianal cash campensation, or additional.
vacation time. The compensatian wi.11 be made, or the
extra vacation credited, with the second payroll in
., . December. � 4 . . �_ . .�._ _. _ � . . �_ .
Upon separation, empZayees shall be compensated for
_ any unused Personal Leave balance. �
- -{� ' . - � ... - . . .,. .,: , . . .. .._ :. - . . . _ . � - .. , .., , .
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Extended DisabiZity Pratection - Beginning January 2,
1987, all permanent full-time employees shall accrue
extended disability leave at the rate of faur (4}
hours per month, to a cumulative maximum of 640
hours:` Extended disability protection i.s available
ior use on the second consecutive day of a personal
illness, and thereafter, or anytime for a work-
related illness or injury.
Employees are to keep their supervisor informed of
their conditian. The supervisor ma�r require a letter
or repart from the attending physic�.an. Claiming
extended disability leave when �hysically fit may be
cause far disciplinary action, including transfer,
demotian, suspension, or dismissal.
In cases of extrexne emergency involving employees
with a record of ineritorious service, who throu.gh
serious ar protracted illness have used up all
accumulated �ersanal leave, extended disability
Ieave, vacation leave, and compensatory time o�f,
extension of e�ended disaba.lity Ieave beyand the
maxi.mum provided in this resolution may be granted
the City Council. The resultant defici� will be
repaid promptly throu.gh .appli.cation of future
personal and e�ended di�ab�.lity leave accrual�.
Sectian 11a. Sick Leave
an
by
Pe�nanent, fuli-time employees as.o� Januaxy 2, 1987
shall have a one-time option of a sick leave program
as a�termanent alternative to PersonaZ LeavejExtended
Di.saba.lity Protection. Emplayees must adva.se the
Ci.ty Accountant of their selection of this
alternative by January 31, 1987. Thase selecting
tha.s aption shall have any exis�ing Personal Leave
balance converted to Sick Leave.
Those on the sick leave opti.on shall accrue eight (8)
hours per manth af si.ck leave, to a cumuZative
maximum of 960 hours. Sick leave sha11 be avai.lable
far- use an the first day of a personal illness, and
' thereafter. All other restrictions on �ick leave use
shall be the same of for Extended Disability
Protection in Sectian Il., subsection c, abave.,
,
U�aon separation i.n good stan3ing, emplayees on the
s�.ck leave option shali be compensated for 25� of the
unused sick leave balance.
Section Zlc. App].ication To Represented Empl.oyees���
Sections Zl.a. and ll.b. af this Personnel Code shail
apply to employees represented by a bargaininq:unit,�� :°
. . ,.
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anly if specifi.cally adapted i.n the labor contract.
Adopted by the�City Coun�il of the City af Mendota Heights .r
• 'this 16th day of December, I986.
- - CITY COUNCIL
CITY OF MENDOTA HEIGHTS
BY ��'���� �U����r�
Robert G. Lackwood, Mayor
4
ATTEST:
`�`'�-r �j ��,�.w.�.�,..�'
athleen M. Swanson, City Clerk
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CITY OF MENDOTA HEIGHTS
MEMO
June 2, 1987
To:
From:
Mayor and City Council
Kevin D. Fr _1,�., `ty
Administrator^
Re: Add On Agenda for Meeting of June 2, 1987
Beginning with this meetinc�, staff will be submitting a
completely revised agenda in lieu of inerely itemizing the
items in this memo, and expecting Council to keep track of
the additions and deletions. To avoid confusion, the revised
agenda will be printed on paper of a color different from the
ac�enda sent out with the agenda packets. This cover memo
wil,l continue to describe the changes. New items, and those
with additional information submitted in the add-on packet
will have a* at the end.
This evening's add-on agenda contains one deletion and three
additions. Recommended bid award for The Ponds and Rolling
Woods projects, as well as information for Summary
Publication of the Aircraft Noise Ordinance, are also
submitted. -
3. AGENDA ADOPTION
It is recommended that Council adopt the revised agenda
printed on blue paper. Previous Item 4. Approval of Minutes
of May 19 is deleted. The three new items are 8.b. Civic
Center Ball Fence, 8.e. Case No. 87-08 Rolling Woods 2nd
Addition Final Plat, and 8.m. Surveying Assistance on Park
Place.
MAY 19TH MINUTES
City Clerk Kathy Swanson was unable to complete the minutes
of the last meeting in time to send them out with the agenda
packet. They are now completed and submitted under separate
memo for your timely review. However, staff felt it would be
unfair to expect Council to approve these minutes at
tonight's meeting. Formal consideration will be on the June
16th agenda. Please retain them for that meeting.
7.c. Bid Award for The Ponds
Please see attached memo from Publ,ic Works Director�Jim
! � - •
�� .
0
�,r:
Danielson.
7.d. Bid Award for Ro11inQ Waods _
Please see attached memo from Public Works Director Jim �• _
Danielsan. ' �
8.b. Civic Center Ball Fence '
Please see attached memo fram Pub2ic Works Director Jim
Danielson.
8.e. Case No. 87-08, Rollinq Woods 2nd Addition Final Plat
Please see attached memo from Public Works Director Jim
Danielsan. - ' ' r •. '
8.k. Sum�arv Publication Of Aircraft Noise Orflinance
Please see attached memo from City Clerk Iiathy Swanson.
8.n. Surveyinq Assistance on Park Place, Proiect~86-12
Please see attached memo from Public Works Di�ector Jim
Danielsan. -
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