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1987-06-020 � � � r � 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 _ � � �, , � � � _ . ; 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.� ` � /� 1� 7. Bid Awards and He rings�y� l � � � �-�- ����,.... � �� �.�. 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 ► , � 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,�- - a 0 0 w . _ �-,�.��-. 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.* �� � , 9'. Council Comments. � 10. Adjourn. j� � yt %, �,,�,� _ �'`�-�i„� / ` �ct� •��+u. � ��" � ����.� ' • / , � � - �..�� �-� �'� � - � � � . � - � - - - --. - CITY OF MENDOTA �-IEIGHTS DAKOTA COUNTY, MINNESOTA AGENDA JUNE 2, 1987 - 7:30 P.M. 1. Call to Order. 2. Roll Call. � 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, - ,. 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. .. .__ � 0 c, " ' V _ _' 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. , 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. i .. ; :,�,. �: � , ;, , . ;k i i � t :. } � ' . m 'A� ; •'� . 0 � �,t 'i .'f, � , 'h t+ ' ,f +f Property L , � 't ��,_ i I � � ' . . • _. � t , ,. . . , /! /; , . � ' / "1 .. � . � ! • . • ;. / .� ' � r 1 . , � ' � � • 7 �+i • � jf ' 1 • / � � t ' � I I , � �� � • , � ` � � � . � p � ���„ I • \ � �� , -�, �! I . .II �(((jjj � , � •i.; J 1 �+� 1 \ � ! �j • , ' (Dt , �'� �� \ t I . : � .��;' i . . �,. - . � � � � / i , � ��. � . a .� \ , �..,,;.�-. �,.� _ � � �. , � _ ..,, .>:, � � I 1 <<�' �' � � `: / • . . . \� : ;1 I- � �p, � , •�' � � �' i ` :i•.'` ' ` ` � � � i �� �. ` ; 1 . . �{ .;� . �:t ,. . ► • • ( , , , lr1 + • :,f h� o ' 1 • , °I t\• � �. �� � I . '� ': . ^rL � ' N � \ � \ �� 0 , G � \ ,I ' � _ � . . —� 20' Parking Setback t 50' Building Setback �. � �. 1 ��� r 0 " _ '—__ _ —t " _ _' ' ' _ Crowley Fence Company, Inc. 10630 Massau Street N.E. Minneapolis, Mion. 55434 612/784-1120 3 7 0 8 � 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 . - . . . , . __ . ... �:. 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� , � , , � . . ,.,... .:. ti:1._ . ._,..._2:. .. .. .. ,..'� � . :t. :i.`,.._.�;,.Le. ... .. � . ._r. . .. . _.... . . . ��1. � - 10 ' X 20 •X 10 "X 12 � `high � hooded backstop'�� �. . � ;i�' "" :: , " � � . �' ' _ . ` � � _ . . , . : , ., ._: _ ... , � . _ . _ . . , s_ � :-.:.,,.. : - ,, $ - - • ` � �2' 0 0 00 � - � �;For the 'siam ,of� . �.. . . . ." ::.. : �'. ' . . . ":' �. `�:' '. '. : : .- :� `. , 5 • _ � � . • - - .' • - _ . . . . � - . F. _ . . . : . , : • . .' � : , . . . , _ . .. ,.._,. .. _ . . . � F ;> - . , .. -': :. �as �above���: • All necessary appurtances, for"the total coat of .� : . : : . : . . : : : . . . . . : :.:'. . �.: :. ,� . � .:. a , . . . _ .. .� . • _.. . ... ��• � , . _ . '.�.i s_ _. .: - • � ._�r_ . .. . . . . K.. . . . . y a _ . . �.� ...y . . .. ... .. . .� . .s . � . a . ~.f'' t 'i r .. _. • ... . .. . .. .. +�. __ , . .. _ ... . • . - i.: - r�t r ' .. . -.... . " .1 . • . .. _., . . ' , •ve.�... .... . _ . . ... . x'3ti..-�_..e� _ . .� . .. .. z n 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 � � � � � � � � � w.ww.ww.www.ww.ww.www.ww.w...ww+..w.�.wn.wwinnn�wn.Rn�www.wn.ww�www�wwwww�nw�nn.n�+.aui.T.nA1tiA.F.T.«.:.T.:.. ::..»�..:.i1.w.J�.: � � � � � � � � �� � � _ O 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 � _ .� _ _ X... __ _. � , f � - -� - - -� - -. . .- - - - _� .. _ _. i - - - �. . .. - -- -- • -- - - -- - - - -- - - - 1 r 4 � ' _. ' _ '_ ' _ __ _ _ _ ____ ... W.... �_ '_ '" V . �� � � � _ � � .. � "Y. � � � . ... �_� �' � �� � � �. 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" � � � I 1 i � i , - - " CITY pF MENDOTA HEIGHTS � ' ---" - m 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 � 0 CITY COt3NCIL CTTY OF MENDOTA HEIGHTS By Charle� E. Mertensotto, Mayor i 0 0 CITY OF MENDOTA HEIGHTS MEMO 0 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. � 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 , 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=_ - _ .(' � � �. � �F'. O. ���� Acct�unt Cade��� - � � ���"-'� 0 E 01-421a-020-�0 � E @1-449�d-040-4� 0 E �DI-4GI�-OJ�-J�D v7 E Q�1-4�10-@7@-7�1 a E 15-4�10-06@-6v? @ E 01-421�D-0�0-2� 0 E 01-4210-1i¢�-la 0 E 05-421�d-105-15 0 E 32-4240-840-00 . 0 E 01-4�@�D-600-1� Z� E 01-4200-E@kl-�� 1� 0 E ��-4�QN-60�D-15 0 E 01-4415-0�@-c0 @ E Q�1-433�Z1-440-c� 0 E 01-4415-110-1@ @ G Q1-�07� Q� G 01-c072 Q� E @1-4134-11Q-10 4� E v71-4134-110-10 0 E �1-4268-150-3� 0 E OS-G�FSJ-SQ�J�SJ 0 E 51-4415-9c5-�� 0 E 95-4415-822-Q�0 0 E .�:7-4415-838'-0� 0 E c8-4415-837-0� 0 E c9-441.�'.i-838-Q�� 0 E 2�5-4415-1�5-1.i i � E Q�J-�F�Fj.S-SQ�J-j.J 0 G 01-cQi75 0 G 01-��75 0 E �1-4'2.11-34��-50 � E 01-421�-110-ia 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" � � 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 . �J 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 0 E �1-4244-Q�3@-3@ @ E 01-4404-v?30-3a �D E 01-4�'�Q�-133-1� 0 R �bl-3^c50 0 E �.:,-4415-1 �5-15 0 E ¢�1-449�Zt-i iib-10 0 E Q�1-4490-�24�-2�� 0 E 01-4490-Q�40-40 � E Q�S�Ifi�F��-IZ�JIZ��J� � E �T1-4490-07�-70 0 E ��-44'3�t-10:,-15 Q� E 15-445a-aE0-60 Q� E 18-4220-00�d-�0 � E @5-44�4-1�D5-15 0 E 15-44�4-06Q�-6� 0 E V�1-4404-050-50 Q� E @1-44Q�4-�70-7Q 0 E 01-4450-�c0-'�@ @ E Q�1-440�b-11�-1� 0 G @1-�074 0 E �1-41:�1-��'��d-c0 0 E 01-4131-Q�2V�-�� 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 � E Q�d-4490-�00-Q�0 0 E 01-4330-49�D-50 0 E 01-4.;30-49@-7@ @ E 15-433�-49�-E� �t'1 c �i-4 ;�CS-�[3�L�-.�� 0 E ai-4�Q�5-03a-30 0 E @1-4.;@5-Q�@-3� m E 32-4�Q5-840-@0 � E 16-43�5-8�7-00 0 E 05-43@0-105-15 @ E 0�-43Q��-i�DJ-SJ 0 E �1-44�2-050-50 0 E �t�1-44�c'-07Q�-7Q� Q� E 01-44��-a��z- � a E1 E @1-44�c-�70-70 0 E 01-44�2-@70-70 �D E ' 01-4424-@5�D-5N " - 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 � �� � � ' � Street sweeping � � �7, 187. 5@ . � , � i tf : �."y;. : h) � � , ; ��'s : o�^f�.' ; �'#'r-: `k - • ;r ti �I '(i w1 "i N� �N ?' .;y,+ :t ;r � m. .� � . .v Z & m E, > ro �. +� ? ,p±, �4£,: U UI: •� E �. �j +' H a �- :3� � C� �.� a� ♦U � '� - .� �� � ;r .� � i? `J f a x � .p ' ;i � , � t, � � � r�: tT '.v'! � �. � a0 � � :. r '� U�� ro n, ca m , � 3 ' ,[ (•) , . N h7 �t . � . U .i.... � � Ol, 1 ;. � � . 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F'M ... ._. _ 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 � Grand Total ) i] , � Unpa tegister City ��f Mendrta Heights _ Rccour�t C��de �D E 09-4E40-Q�00-0@ � E 15-4640-0E@-60 @ E 12-464a-0Q�0-�0 0 E �9-464�-�00-00 @ E 15-4640-0Ea-60 0 E 01-4oa�h-0c0-2.0 a E Q�1-4.�'iOS-7UJ��J� 0 E @1-4�05-07�-70 0 E 15-43@5-060-E0 0 E @1-4.3.;0-4E�-3� 0 E �1-4.;3�-490-�0 0 E �1-433�-44�-�� Q� E 01-4305-05�-50 � E �1-�F.iJJ-.^i1Q�-J� 0 E �1-43�5-310-70 � E 15-4�35-31Q�-6N Q E 01-44�5-200-7a 0 E Q�1-430�-�3�-3�b @ E 01-43��-��d-3Z� ¢� E Q�1-4�Q�5-�30-s0 @ E Qil-43�5-030-30 � E Z� 1-4410-0'�0-20 0 E 01-4�30-44Q-'�0 0 E �i-441�-0c@-'2tZ� @ E �1-4��0-490-10 � E �I-43a�-��a-�0 �D G 01-'c'S�E 0 E �i-433�-49�-2�� Q� E 01-4�11-4�1-5� - :, Rage 4 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 � 5. 48 S. 48 254. 45 4. 56 7. �0 1. 86 10. 00 Y1.95 lc. E��D �4. 76 276. Q0 iQ�4. ES .58. �J 1�E. 0@ 8 . J 1 B�D, 65�D. 48 8�, 650. 48 . 80� E50. 48 � i s a• . , r ' �� .,A , Manua Checks , � �' . , ; ,. . ,. „ . 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. ' .. "�.•�.;;., f' � .. . � r..� . ��..«»...��.������� t' � . .• 47, 304.59 ;''. a � ,'i . �.> ` • ' . (� � GRAND TOTAL 127,955.07 ' , , ' � � . . . F' , . 1' + f` / 4 , ' , h> ,. F ` . 4 . i ' � • t ' t ' � . . i • �. ' � . ' R w f I �' , . . . ,.� , � � r . � • E� ;• � . • � �; � . . . . .. . " ' M , � . - ,. . � �" , � , ' ".., .. 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' �.Yy+, � ''�'.�,,,; . . ,���. � ` � '{4 � ;iY: `.��;'� I 7 ;i=`,,. t . . � � j �':2`'. . � • � . . � ' �:si.'{,i . ,. � ��` . '4 .,, � � . ; :l: � t . • , � %;�, ' . j �• , �r. �'. f''• '.'^�'� , � �;"1t,• ',r ';•' +•' , . '� �:,. . � � . ,'' y,! ' ? , +�.,:K.;•" `. ,,� L '.� 1r;i': �f � � . . S]T�1'a.�. `, • . . , � ' ,. � , , . - ; ,' +. t e � ?,:�r;,. ` . Ut' • � , :x�:ti. . ',�«,' •�, 'l` :'�rt'l,c, . . s.�;.�:':�� ' " � ^� , ,�fi.: ��, � ' St:.f:;l �' `•'� ';� 3 ^, ..`' .�,;'°i• i . ,.r',,, ' ' =`' �'" • . ' , • , .-' , • . � w•' �� �:r� . . , . � , {{��ti;., r , . . . - ' .. '}y; ,,. „ , . . � �t:r'`�` �? , , � .. �r��°�� • ' ' ' *�:�,"A'<' ' j.:,. . ' � `_" �� � "ix'-� . . ;: � . ;. ` r . ' ..�: ' ' , ' ' _ ,;,�{': : ' . s' :�;� • ' ,..�;';,�` , ' ,.. � • �.4?� '. . i � , � : '���:it� � � tis' �' � ; :�17:;', � . • a?7,g� ' " . . ,���' n . , i � 41 , {Y i � , � � . , :i : i� . r �.a��'`_ , . � `.��•�>�' � - i 4:, '�F; '.i� . . . . �..R.1�z,. . . . . ' ... ' , : � ;r . . . ' . r r" , , _ ;,� y I ' i .. � . . , , y 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 , �- @ a . .,t " • . • Applicant �' _- t�l ` Name: IvOM a Case No. �� ��- �- CITY OE MENDOTA-�HEIGHTS -- - � -- --- -_- - = -- . - --'-- -• - ---- - ---• DAKOTA COiTNTY, _MINNESOTA -- . . =t`��='- � _``'`-, . _ • � . � APPLICATION FOR CONSIDERATION ' =N�'"�+�`f= ��� •r,ti^=:`�'^+'��:;'s�`� , . . : ._ ... __ , -- : ...-... �F - _Q. �...�.�. , : `.-.- --_�,.��.��._�__-,.::��.:�-.-A�,�:�r.-. .�. . - PLANNING REQIIEST - •-- - _ • . � - . � - - � '- - - . a _ , _ . _ , _ __, r _ ._ : Date of A�plication •�i�y � t e 7 � • Fee Paid /3/4°' S'�-Y� ��'f.33-�k ��A� • •- -••-•_r` -_- _-_� ' ` • : - � ' "_�./733 y - Last - �- --First - - � ..� �.`-•. -'-Initiai ---- -.,'----•-- . ..... _. . __ _ . ' `'- � _ _" - . -, Address: I�/�"r Nll1���C.� N��� ��►u�+C.1JlA�7 �� �J���� Number & Street - - ..• - City :_. . ------ -:�--._ State ----:_.-- :.,_ -----•Zip Telephone Number: �{j'/!� �� . � �� - - � -� � ' � Owner Name: Last , First Initial Address: �� � � � . . Number & Street _ ,. � . � City , _ . . _, ...__ _ .. State - .. � - - Zip . - ___. - � Street Location of Property in Question: . ., __ -_-- ' • . - - - _--*�- - _ ' � D� ���� A_ ��•/ ) ' � ` _. .. '" '� ..`j�' '4•. �� . .�. � . ' - .. I r� L/ �_�al Description of Proparty: . : _� _ '. . -� - - . � � � _ �...�= � ."_'-�:.�--• - -- - - - �. _ � i�"T' 9� �1��.r I� �(�_ �1��� -.�, "L�� �'T __`. f� J �1Sr�=� _=� � 1+]'�L+� ; � t i i � �I'� -... �1 I �� l.�b 1-� �#Gl�f� f�� 3 . ... : . . - ,_.. _. - - - . ._ �� _ . _ . .._ . _ . _ . _ _ � - � . . . . . _ . _ =r: - . - .. . ..- =- -- . Type of Request: . • -, . . . .- Rezoning - . ._.- ....... _ . .:... ._ .`��-r-:,: .. . � . . - . Varia.nce _ � ._ . � . _._ . .• _ • Conditional IIse Permit� : � •- -.- - � ---•:�; = � � ',_,_.,�:,.., „ _:. - � _ r._......_... - -Conditional IIse Permit -for -P.U.D. '����" ' � ----•----- - _ �;=`",- ,----�--= =--�-- � .. , ; . �,� ` w- � ._ ..�,_.__ _ . . .___._ Minor. Conditional' IIse Permit y'�::`�'� =�=`:"^ =� _ `_' ___._..._._t _... .. r �, _ .. . _ 'z: a �, ::�_ _;�_: . ... - _�- - • • - • <Subdivision Approval ::�.i"r,z�x.~..;M�-��_^ :,. �'.���;��. �° . .. � - -�-�'� — _ :ti„_.. ` �:::_�:;�.� ' . - - = _ ' ' , _" . _ - - Plan Approval . ' - - _ _ . ::.,.---•:; -;;-��;;>��,: -� _ " . . � . . - -- - - . �.��_� _ _ .� L.e��. � 47 W� �i:Y�':'l} ` ' --. :. ' .� .. __. _ , - _ . � ._ .. _ Wetlands Permit �-1; ---: .._ .. _ __.. ... ._ _ ..?:_.:... ' � � ` - - �� - - Other - -.:�•`_�_•- �` -�-� ...�.��: _:: �;=�:'�_�= - � _ : _ '=,�,_.: _ :..�: -��`�;; � �:,� :�r::,: : ,,;;.:.�-. "_ . _ �i.A_ _ _ - _ :n i .y�,.q�(;����. i'=-":T:r' • • Y� • ~ __ _ � � - . - - c•-��L�eae-._ - - i. _ - _r�.._ _ '.':�rY�•`.t'f#,icaiR:l��':ote�.titi��c:a:::�7�-y;�i`�'�'�•���ir.[:�';� . 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' _ ; , _ - . _ .. _ - _.. -. _. . . .a _ . . _ _ _ ...,��•- - _ . • .. . .... ,....�.,,.., `= , _ .. • � - -- - - " - ' - .._...- :x-:--- " ---?�:�.� - _ -- 'a '+�' " ' -' -- - _ -. - -- _ _ - y `�- '- - ' -- - �l.''..�i° " - - ' - - ' - - �:�tt:•'r :.rr..a,-::. .�R_,.:�c.sy- - . ` ._ ... - -~..a-: . �r•: - � :L•"' . -... • - ._._....,-'r• ; -',. �:';m:^+=? - _ :�c-:r--- - -i..= ' "' - ' _ �.��,� Y:r-✓t�i�: _ '�7..: �'.i.. � ��'i! �.i_=Gt��.� _ � i.F�.�i[rY{'��T:�.'�er.��_ — _ � .�''- �'3•�r -- • �_ _ _ ..1. . ,n-' . . .r �= +:r�::�. _ _ S.S+' � :�� . .. .. . - C - ' - . . :, -.:�::. �_ • - =��'-� ..-.• .-.e. ���4. � . w �_ . �' • :. .,- .. .-�_ ....•.�s ' �. �. « r. . . ��. �. . ...�. ��. a.�/ �. � .� � . .. ....� _� � .. �..... _� � '_ � . �.. .��.� .�... ... . ���}� .� _..'� �� . •.�r� �:;`_�.�. . � • __ �. _ � . _" .' � . __ � . ' � � ��� . . Y • .. �� -. . .. . ' � �' • • • . ,� . • . . . ' . � : - � � � _ �.Y�'. • .. .�._�_.' �.....�.�...'�... . � � _� �.��..�...�� . �..�� �' � �.�. �..� .:,�.. � �.� • __��. � >�..�.. . • �.. r,. r'r• w�.�...� ��ar�..-�.�.. ..�.•.. ... ` � w1�,T�.�.^'� - m�.. _ �i��. _, � 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. � \ �' � / � / � e !; � �� � �-r5'''° � � � � i / �/'` � r .i � \�,\ \ � � .� �• �� : � _. � : .� - -_, - - -='i� . _ � ,� , o �,�'��� � �� i' � �, -� "� - % `��4e ` � ��� �� �j f�ts ,w . �- '� . ��,. � _-` ,, � � , / ��� �a$o0e� �� ■^ - � a� - � ' .�,��� ��'��'�" i � . - • ' ` � ,, � ��* �_^. il ���;����, �.-r� � ��.��� / / ^� ``,`I � ■��0' � <:�_ h: �=' ! i, �. t r-,;,;���'.� 3�� II � . ; % : �=�-� I i��I��l���► %�II�I� - �� = ' ' • ' ' ��11�1��t1111�0�i � 47:iR4.7: :i71= � • • •,1-s -",,,� �_ .,, _ ' � �— -������ =r� �_ �. . : � � � :��-� � FF �-! � •t+, �uu► i b'e -�.: �7r��T-: �i'IT /l( • ,� �_ ' I _ ~� , � L .,. 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( 9f �t 9f 77 95 t� 9{ 1� � �f.sf I^ ��u �J � LN IM N --r -::iOS--- h v 3: �I c� P o�4-ss � 013-53 � N� � �.� 3_ 5 � HOL�ESp CARROL - 222.C5 - _ - - i89-- - a �= if = �: � �. Al�p :- --- -- - „ � �.�w � T 7 _: ,;2 t: 2 c.q ^ = .;��.�: -5._;; =s -- 8��f _. _� -: �'� � � .R F'1RS' ! -s i . � e . `' � � .._. __ _ CI 'S.� 9i i� n�•�� ' �_?y.— _— �� i�r de . � • ' ' • 2�ClC?1(`K��1 j'��Ev c3lC�J ��Nl�, p��' ��t�c� �..��a.��x� �3tt;�� �3�n o��a.c� . - - . _ i-.�i� 3�.X�. ' - . � h�.. `I������ ,, � � '. y ` \'i - � . � i . . . " �+ ' � / . G� 'f��Q � � � . '� I �[J .. . " ^ �h . �� • V i r , � t • � .' �• r , t � _ -� _ ( � � I� � �,,, . • ` . � n ' � n :� � - � � ., .... •. , --. �.`�\` c.._ �-. `�`�- . � rn � � �� t � �_���� x � �«"`_ � �' j����"��'`��..� -^� .�"�� � �(1 � '/ . �..� -_— .. _� . � -� �� ^-i I ___.r''', `����� "� '•,'1 �- .\,, �n !f � � . � � ' . � -� 1'�� x 1 \ ` tC� i � ' � v� ��,; '• '` �``` . '=,,,'1 �"1 � y�"j � ' , � t '� � \ � .r : t �' � . � • + �//' ' _. Y- _.» _. ! _. . i , { i � 1 ��� , '�.. �..__..__.. ' �.,, �\` � �` ��\ � fT'} T` w� \ � ,���� � � � � \ � � ` 4 ' � � � �, � / � �/ � / � i' - � ---,`-.�,,,� / .,_�-�''' �,�'- A , ,,� „' . .. - . ,,.,,. � �' . % _ gy�3"' i ,,, ���_,—,,,,,_„= � _ -- . � i � _ , _ • . . f ,� r ,� -� � ��� � i'"t� ' �� .i' % • r� � � /• ' � � , / ' J I : rn . � . '' � ' � � • . . � .. • �' � • `�, �._��ti+ � . - - f ��, ... ---, »�""'� - -_ . / �,.� '" � � I�r ' . � '"�r . . r� �ir' . J�! _-- -----'h�8�--___-- r , . " � ( _,,.-� : . � , • i�.V•w . . �rv•w • - - . - GFaC"i � "�nIF �- i rir R ' ' f.1E4� LIf�E 'lDt9P 4 a ', '`I` �.]J _ icx�8 �.�r$. .. � .��r� �r� p _ - Ca.)C�AS c...� _ � � I�' I �1� I�1�_ �• _�.i� . ; . I .. . . .. . ... . 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 1 -- == = =.i �� I i { j} s �-' • - - <C • . t t'�. �. �. t i� S f � 4 �� . ,, 5 � �-_.. =.h 5�.. ,._j� � .z. r=,- � �.._. �.: ,�,�, A� - ,�,� ��,�� � ___ _ _ __ ! - Ct€c�-t�q ' - � C i } � ' f � �o , cp " _ . - a ,.. 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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. axn, _ _' " ^` • %>%/'%�-�7=; -- � - ; __ : JJ;/// ~: t "^.'\' `���- � 7H�r=• -- �`-- - � .��; ;�; .�%� ,i. `i�'`�_ ./�, `_- � F. R':' y�'. ,� �\ � . � �_.. •�,,•' L � �• , r •� - _ „�' � %'N' ' ! . ' �_ _ .�^ SiI :"rr . ,�.,: .� � ���. . --. 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W�-=+ • � � � GOL F COURcE '' •'.' .I � � \ � i . . - i�- �-7r"'�' ~ ..:.v���' : �` �.... � • � ��' i-, • .�� ' :.- 11 �\ e � J I �. ,i �7`� lc"•.mel •'• 1 • . ,�Z .Y � i �`�._.. -��. I wEHTwOflTM % '�•�•— • � _ . � � PARK � I i�' �° _�� ' . /�. � ll �.� I .�..:'JJ_ �. .i. \ \ �` �; • I •' • •I .`- • . .. � . . • ; � ` — '— `i., � . � . , f � - . . � • � � - � ' .' o• � . � • --T--�--�—�-- -- • � • j �� — �� :P ti .. _ � •I •%' �� \ \ .' . 'M��',� •�� ;�--- - •- _ '�_ _. . ' � � � . - — 'L•! . I; .' � i ,. � : :�: �� J � _ . _ ; • /; �,'• � ,.a • _ i 1 . . . � . _ - -• � , . � • ' � • ` � . ' . i 1 . . •..: . _ -�'�� �•�-��3� . • • �/ � ' ! � ' ycwn• �Ka�ts �.e, ;��• i_ `\ � ►�P S GOLf COl�3E . • J' «T � ' \ '\ f� ; '�� ��tKl . ... - — _ � . � � i , / ' • � /''S � �. -.,/LJ . � . . . _ _ ._ . � `.:�-1 - - �/ i t. � � `�• .7�_ � � 1.� 'O .i. • . •'• ,_ , • ' i � � i � , �^• a • • r� 4� • . - _ • . '' ' � � � ,�'�,� j��-- �,� tAC- �-= ' ' .. � ' • """`T �.� ' _.. ,_ ,' � ' � � _�J �`• •'• . - . . �.._ • -._ •' � _ _- : I�.' ! • ��\j•,��' .'� '_'� ...,-' q �:..��_'..r _ - - - � �• .r. • __��/ . • •� a` � •/ I : ' � s � . . . . • — . i \ .� .� K ' w �/' I � \`� �1 ' - ` i .) -� l,� _—� � ,�� i ''.i i i I; � J /_ �« � , ' � �' : !' t - - � _ . : _i i _ �� � . .: - � . . • � . •' � W� � 1�� � / ' - - � -- • ' � • � • �� . Y'T' M � � � ; N � � / , � � _ ''—••I 1 ,• • • `� � t � / � • • I • • �. �• � . �� . . �v�'• � • • - ' , . • • ' ' ` 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. - ' � /cS • q � !C7 ~ r , � t.40 � , a � r! � y � � h yy 4 0 +n . s. � 4 a ,5' W � �� o _ "' - 0 5 O � �.ft c - sa �3s /vi e O � "� � 9f ,�_ � a I.OW£S2 t0=0N1/►- 19 �� Q 3 � ,s3i�3 . � td 24 1i%'� 70 .S 7 7 �} tV T 'b G h I: � S '� o � 3 � 4 h i+d 1 e +n t �t 2 _ � j°id ,ro '� - - Z �a� 5 ` a L o d io� � Ns �s.z �td p� e� irv r 1! q �� , 6 � �> > �+ ,4 � � f Z V h ll � _ 1G .e /.5 �� .f � _ /o� ��O / foo Q� ,a. �� � Q,v � ,z, � UPPE2 Cdt"�rttA�- 1? J y0 7 � t 9e as sz 9s � 3 � �� h / G �!� Z� 3 h ¢ J 5 7 0� y h � P .� a z � 9 � .� ` s � ' r 4� .%ft7%J7�dGY� P" o�/ A �, / a 9 �¢' � �.'+S" t� t� f? A�E-` N� ✓.E. w i -•- •' ' "' s, W�f.f'rnt� �""r���-1 _ -- - �- � =� • . - - -- _�- - o - - 4 � tas �1 h �i � o � C y �r` 3 � ` /' t I,S �;y � �,� M ��y� rxz•�' � �: 3 �� / Ll 9 10 ,� � � `-- ? ' � Lil p i i r t S S'a' \ Q' t� • W h� S 7! 2�� I. d ,� �^�, � � r�tlr - � �. A �; � a . ,m N� �� � � our�n�' � igs'•!a \ � n� . �J � Lot 3z � S�dn�r� & j'/�'dw..{. B Bei-nic� G: Sch�idf � . A�r� ic E'ogci-.,r ,� Ac. Lof 33 � �b � $`b �.b I �' 9 :';a:��r. $ ? S A�. =:;:;: ]�� ��yy� +, :]'�F�:{ .•F.�./P}J.,:,/.'•'�': !�•.•�. �'t .••'.[•.(•.••Y. �•.".��•. +• ��� :�Y •� .��1� rS�� ��.T4�+.W�F�. s���'S�':�:.:.•.•.•.'. •'��.� :'��`J. � .: ���' •.: • � : :;�;:a�:r�. ;;�:� �: _���;;��£.�:; , ;:;�::':::::::::�:::::':�;::� :::::::::::::�:�.�:�:�:�::.;::::::;:::::::::: ``� ��as� rra,iT b Ia �t � `¢ � � � • Lof 3�* , y, t� o� w � Fi-a� k�S iYl.�rfha 'L �`m � p � h'o gr-�.�'e ``� � 4'r 0 Z!o F`3 1.." pt � �j �. � t 3 1 z ,yc. ���� � 2 r9c . . Gor�orT h: L"o/'c ' 1.4 �.a G. ' 7�i 2-. 1 t � G � 2 a-r. s L� i ��r-ie .Sc% L af ,!'.¢ `f �L,LRG £ O F MEj/Dar� NEk6Hra :..1. 19 0 s� s � sa Z T'�'b`t'�7"'�-- ra- '�`-�,".—= • - —y---: �'b�/,- z rr.�f z34,7+� �rs1� -�'� "ro., r�o � - � �UBJECT PROPERTY � L � "� � ',� � � � � N(?RTH T � � � `� `' � �� < *�i � SCAl.E 1 " = 2QC1' h � � t �`� � \�' 4 �t � V `� : l v'�. o�' h L � � `` � � , � �4 � - N � � 4 � � . c. zs- 1of 9�f�� i._ .�R1kkM. SG 20 - G . .l�la�-y L i//iar� f3r�rJfrma n L o�` p_ k ' �G7..ob-7G =- ' ='.? R� =-_"---_.�_,.�;_ -- - . - / Ac _ --- .�Pt �Y1 �s � . � R.yG y ,S ,q�. a� �,a�-� � L o f ¢/ ,../.�.n c.3' G. G�--y c , .. _ _ 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 $0.75 for setback unbuildable area. ACTION REQUIRED: If Council desires to implement the staff recommendation they should pass a motion authorizing the requested payment. .:s � . r___ _ _ _ _ . _ . � � _ c� W(�LOW SPRIN D. '� � � , p . � � �` _ �� A �ot 34 , � � � � \ ,L.q � ,9nr , 'O \ � - . i � -p���,rr+�+'� TWIN 10" BIRCH P � � / ' - --- "'--. SAVE .�„ = _ � m _� � � ������" .. �::�::::::::�:�:;�:::; . 4� =�` APP�� TREES /�'\ ` � .•��`'.i;�'t$PBERRv SAVE � � �'��4 �' / � 6'1 J:�::: .;:: �'' \ :���F�i3�:, ..,+� g ::%� � j REMOYE • • �� , . ;.�.t + `i.�.lIACS ,A � i�i�.#-: ' �.� ,.•.••.•.•,. � � A � �2�� i : ,l r�' �� q" � i1�\ 1 • .''�' ''' � � � �y� \ 5 � i�t •$„ `Y :: t,,.+,r • I2.. i 'y�'�'_ } � -^'�~ �'" � � I�PINE $AVE / / \ y fi.. / 4R TR4NSPt�AN? � j� ` ��` � ; 6 •: ,,,/'�r � � � \ O ` .._-�-' i ` ' �� _. . ..._ � f , , � � I M H I 3 ._ -,�;s .�« . � _ _ f �' ,� � � t � � HO 610 / \ � / \ -- �--- � � trs ` � _� � ; � � � o � `� �ot 35 � � � � A ` f-� � _ p� 1 '� �per , \ 2Q� DF2AINAGE ESM�T. � � , ^ - - ._ . . '\ ` \ . - -. -- � ... . . � ` � STUB ' �'`�������'� ,ISTING 8,� D.I.P. � " � . . ::<i;::�::�::�:• � � � � � ' , i i ---- EXlSTJNG i8" RCP STORM � CBmt� � 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. � � � . 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 e ,. .� �i _ ___ _ _ _. _ _ ____. 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." , :._. _._ _ . __�>.... _, . ... , _. , _ .. _ , vwt Y . . . r f � .r M+ .: . . .- � , • . . " ' . "' � 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 � � � 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 �._ _ .. _ - ._ . . _ .} � � 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. � - -{� ' . - � ... - . . .,. .,: , . . .. .._ :. - . . . _ . � - .. , .., , . � � 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,�� :° . . ,. � � ` + ' 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 � ��. � i / 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. - » , ri � .-_ ._.,",j ; ' ., c � �`. ._�f _ _ ..._. f ��4'r � � `--'"��,.L. ":.. ''�LiG....s._f F___ C•�,.- f.��.�,.. , ' �?. J , � :�;Q'�'z�.�2"..��' _ � 3+d� l��c�,��.�..�'_'�U �.1'� �+ . ; !..�-����-t� � -3..4..�--��^��'�-"� t�+�=� . . _. _ �.c-� %'-� ..._._ `� _.�..._.____.._.. . .___ ° . � __,�:.'t`._4�__ _���L_ �:,�.�-- -_______ .�_ ._..... _----__ _ . . . ' ' ---__..��:�. d �' ��...r�„��Z.�f__ c�'�"'.i.�`�c.;�� _ . . f . 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