1987-12-15CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AGENDA
DECEMBER 15, 1987 - 7:30 P.M.
1. Call to Order.
2. Roll Call.
3. Agenda Adoption.
4.
5.
6.
7.
8.
�
Approval of the Pre-Meeting Minutes of December 1
and the Regular Minutes of December 1.
Consent Calendar:
a. Acknowledgement of December 1 Special Joint Meeting
Minutes.
b. Acknowledgement of Letter from Mn/DOT Regarding
Dodd/I-494 Interchange.
c. Acknowledgement of Treasurer's Report for November.
d. Acknowledgement of November Fire Dept. Report.
e. Approval of Wetlands Permit for Case No. 87-38, The
Ponds of Mendota Heights.
f. Approval of Final Plat for Kladis 1st Addition.
(Resolution No. 87-118).
g. Delinquent Sewer List (Resolution No. No. 87-119).
h. Approval of the List of Licenses�
i. Approval of the List of Claims.
End of Consent Calendar.
Introductions.
Public Comments.
a. Comprehensive Land Use Designation on School Forest
Property. �
Bid Award and Public Hearinct:
a. Case No. 87-24, Centex Homes, Sketch Plan Approval,
Rezoning, Conditional Use Permit for Planned Unit
Development, Preliminary Plat, HEARING, 8:00 P.M.
(Resolution No. 87-120 & 87-121, and Ordinance No.
246 and 247). �
Unfinished and New Business:
a. CDBG Block Grant Application for 1988.
11.
� 12.
b. Sign Permit Application, 1960 Dodd Road (FINA Gas
Station).
c. Fire Dept. Purchase of Portable Radios.
d.
e.
f.
Citation Authority for Certain City Employees.
(Ordinance No. 248, 249, 250 and 251).
Upcoming Appointments to City Commissions.
1988 Salaries & Benefits for Non-Organized
Employees. (Resolution No. 87-122 and 87-123).
g. Victoria Highlands Assessment Deferments.
h. Update on TH 55 Corridor Study.�
i. Bream Feasibility Report.
Response to Council Comments:
Council Comments.
Adj ourn .
(Resolution No. 87-124).
�
,
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AGENDA
DECEMBER 15, 1987 - 7:30 P.M.
1. Cal l to Order .-�; 3�
2 . Roll Call . -- � �y��, _,7�` ��' 3��
-r�
3. Agenda Adoption.- �� �J��
4. Approval of the Pre-Meeting Minutes of ecember�l ���
and the Regular Minutes of December 1.�
5. Consent Calendar:-�
a. Acknowledgement of December 1 Special Joint Meeting -��
Minutes . �����
b. Acknowledgement of Letter from Mn/DOT Regarding
Dodd/I-494 Interchange.
c. Acknowledgement of Treasurer's Report for November.
d. Acknowledgement of November Fire Dept. Report.
e. Approval of Wetlands Permit for Case No. 87-38, The
Ponds of Mendota Heights.
f. Approval of Final Plat for Kladis 1st Addition.
(Resolution No. 87-118).
g. Delinquent Sewer List (Resolution No. No. 87-119).
h. Approval of the List of Licenses.
i. Approval of the List of Claims. *
End of Consent Calendar.
6. Introductions. /�,. //o . -- ���
7. Public Comments. - �� �
• - -u.�.i.
a. Comprehensive La Use Designation on School Forest
Property . * - �,..�.,�� �� . - , - ? .
�.,/ ;�,.�,- �
8. Bid Award and Public Hearinct:
a. Case No. 87-24, Centex Homese Sketch Plan Approval,
Rezoning, Conditional Use Permit for Planned Unit
.�� ��� Development, Preliminary Plat, HEARING, 8:00 P.M.
� 246solatio� No. 87-120 & 87-121, and O dinanc No.
S 7-1 a o- Y-I; . a�' �a�� 7°.�,. i�f�,:.._��:.� ,/� "�` ,�.� ,�.-,� ��,,,�
(,.�,�, aY4'�-�8.q-j?Unfinished and New Business� '
�"'�' a�� ^��-� a. CDBG Block Grant Application for 1988. �-- �'7_
��- �al - � 7�-2 . �'a� %.
� �� �.
� � ��
��
�-�����_
�.��
��..P� "� � h' .
�
11.
12.
Sign Fermit Application, 1960 Dodd Road (FINA Gas
Statian). �
Fa.re !De t. Purchase of Portable Radios. �- j� -� ��-�"`� �"
� � � Y S yl'. 3 j`r
Gitation A h rity for C�ertazn City Employees.
(Ordinan No: 248, 249, 250 and 251). -, � �
Upcom''�`�nJ'g Appa�.n ents to ity Commissions. -
'^' " 27C` .� -'��'�- _ :1^'�" ; �?�f�yr.y -
1988 Salaries & Benefzt� for Non-organized
Emplayees. (Resolution No. 87-122 and 87-123). ��
Victoria Highlands Asses�ment De�erments.-",�az .
h. Upda e on TH 55 Corr'dar St y. *� �J� --
�-�..� .�;� ,�-.....�, - �..-�.x.,,�,.-
i. Br �easi�ili�y eport.,, (Resol�on No. 87- 24} , �
i�, r i
I p.y�� t� G���FI�,,.,,,�_ , 7i- (
....-v ���i
Respans o ounail ammen�s: �'` � •
Council Camments.
Adj ourn . - � � � '� ti �
�.�._ . � �- -- ,S":� oo� . ,�►� _
MEMO
CITY OF MENDOTA HEIGHTS
December 15, 1987
To: � Mayor and City Council
; /
From:; Kevin Fr �ity Administrator
Re: ; Add-On Agenda for December 15th
� �
Additional information is submitted for three previouslx
scheduled items:(all denoted with * on the attached revised
agenda); no additions are recommended. We realize that some
of the attachments are lengthy, and Council may not have time
to read them all,before the meeting convenes. Staff is
�repared to give a brief verbal presentation of the new
information as needed. .
I
i
3. Actenda Adoption
� •
i
The agenda is the same as previousl� prepared, but a blue
copy denoting those items with new information is attached.
5.i. �List of Claims
The list of claims is attached.
; :
7.a. ;Comprehensive Land Use Designation on School Forest
�Propertv
School Board member Lee Bakewell is unable to attend this
evening�s meeting, and the District will request further
discussion at a subsequent meeting if there continues to be a
�roblem. Marvin Anderson Homes, however, has asked that the
items remain on,tonight's agenda, so that they can offer a
few comments about their proposal.
8.a. �Case No. 87-24, Centex Homes
Staff has been working even this afternoon, to prepare
revised documents as necessary. Those will be handed out and
explained at the meeting.
�
10.h.; Update on TH 55 Corridor Studv
Please see attached memo.
� .
Dept 10-Admin Dept 5U-Rd&Bridge
15-Engr 60-Utilities .� 3
:�� �ec ;�a� 12/15187 Claims uti�n�id �e�z. 20-Police 7Q-Parks •
�az 4:44 F�M C=Ly �aT n'•er�c� �:-Y�� 30-Fire 80-Planning .
t/ 40-CEO 90-Animai Cantrol
��s�� Acct Dese� C�sh D�k Cty Hanrc
Ter.�p Check Nunrber 1 _
Ver.dar Ir�v�ice F�.O. A�cr�ur�t Code
Rat� Carnrn Inc . 6v�..�,�7 �D E V'J1-433S-31S-3+Z+
Tot�ls Temp Check Nurnber _ , ._....._1 . _ _
-erna Check Number 4
��er 1 F Ar�der^son Assoc � E 4,:,-4�t'iv�-84�—Q��D
E�r:. F Anderson As�ac 75'�98 �� 4�+—'����
Earl F Anderson AsSoc 759�6 7 E 8:�-442�-8'��—�D�
Ear-I F Anderson Ass�c 76187 � E v1-44��-83'�—+d0
Tatals Temp Cneck Number W
i errio Cheak Number a
�Tc�i rZ+ E Q+1-4�2�-07�-7�
AT&T 0 E V71-4^c20—v7�'V5—ca
Tota3s Terap Check hiurobet^ ...
Ternp Check Nurnber 4
Bc,ard of Water Cc�mrrt 2E81� �c E 31-446�-839—��d
b«ard of Water^ Comm c6614 � E 31-4460-839—�V�
�o�rd of Wazer Cca�3rn c£815 +�'� E ,;c3-4%�c��+-844—v�¢a
Tatals Ternp Check Number 4
Tem4 Check Number 5
Ci�cy Matc,r� Sup¢ly � 134�$v7 �il F +�2—�t33k'�-492+—��
7ata1� Temo Check Nurnber 5
�eain Check Nurnber 6
Cv�y Ec} tc i p Ca i 74769 k"� c 4 T-43Q�,:i-85;�:—QfZi
Cc�py Equip Co 174769 0 E ��-43�Z+�—f�75-15
Ttstals Tenip Check tUuraber 6
iemp Check Number 7
Executar� �aysterns 479�t:, � E Q�'1-433kt-43k�-1+�
Tutals Ten�p C;�eck IVur��ber '
Teuip Gheck, NiunbeT� , 8
IC."ta RC � 0 G 0z-2�b72
. . - . .��
�Descr i pt i � r�
Teleset
�tr-ee�c sigrts 87-4
5tr-eet sinrt�
Street sign� 79-3
St si�ar�s 86-7
4th qtr
A�c Svc
86-1'� svc cor��rss
66-9 svc c,�r�ns
1" air vent 80-1�
Misc par�ts
My3ar
Misc sp3ys
Rprs ��a 5 & i5
1�1i8 R�yroll
As�cturt�c
�_ - 92. Wa
92. 0S�
191. 9ti"t
s83.85
1i9.4k�
118. @8
_ . - 813. ��
7� .JG
k:7. 84
�J. G�D
1'3, 9�Zt4. 50
17,799.0�
CJ��G. ' J
38, :»95. 85
4E. 98
46. 98
3'�. 59
4. 8::,
44. 4�
183, Q�@
183. �+�
69. 5�
� 7ec 1987 Unaaid Reoi�
i2t 4:44 GM City �:�r' �!er�dr_�y� i nts
;xsrs Acet Descr Gash D�k Cty Bank
'arts� Check �urnber 8
ter�dc�r Ir�vc�ice r=i.0! Hecour�t Cude
:C�A RC +d E �1-4134--litZa-32t
Tatals Temp Check Nurnber - -- 8 - - ._
i et.t� Check Nurnber '�
"t�:n Knuih a E 8�-4415-82B-2�a
iorrt Knuth �D E sl-44f5-839-�V�
r��rn Knuth � E �8-4415-844-�0
�c�m Knuth t� G 44-�1�.5
i��m Kt'�uth ' -. � - �t1 E +Z+5-4415-1rZt�-15 .,
Tc,tals Temp Checit tVunyber� 9
�ern� Check Nurnber 1�
_eer Bros Ine � E r2t'l-4.�3,�'.,-32��5�c�
_eef Hr�s Inc @ E �DX-'�FJ�rJ�'.:10-7�
_e=r' Hr��s Inc � E l.�i-433.�'i-.�i�d-6k�
Totals Temp Check Number 10
t'eaip Cfieck Number 11
4ed Ce�,ters H� 37c63B � E �i-4!31-130-1+�
4ed Centers HR 37�f�8 0 E �S-41sI-3�5�-15
�ed Centers HR 372638 � E @1-4131-�20-,=:Q
ded Centet^s HP 37�638 @ E 01-4131-�40-40
Oed Cer�ters NF� 37�638 c� E �1-4131-�75�-5�
�ed Genter^s H� 37�?638 0 E 1�-4131-060-E�
Red Cerzt�t^s t-t�+ 37�63B � E �1-4131-@7�1--7�c�
de�+ Centers HP 37�7638 ¢r � �ii-2+Z�74
Totals iemp Check tVunlber 13
fe:n� Check Number 1� '
4en�ota Nghts Rubbish 2� 1/� � E Z1-4�8k1-31�-3�
+ie•r:�c�ta Hohts Rubbiah 37 W 0 E 01-4^c80-310-5@
�?eri�ota Nghts Rubbi�h 37 U 0 E �1-4�8�-310--7�
�!enduta Hgi�ts ftubbi5h 37 U iD E 15-kc8�-31v�-60
''Cotala Temp Check tVumber 1�
femq Check N�unber 13
+�e'sro Waste Cc�ntrol � E f.:,-4448-�E�v�-6+Zi
+lezra Waste Control 0 E 08-446�-00¢�-�O
TQtals Temp Check N�_imber � 13 '•
-.- . . " • . ,
b�scri �t ior; ._ _
i�l18 F'ayr+�il
Mi leage tnr�.i 12/9
1+lileaae thru f�lE9
Mi leage tnr�.� 1^c/�
Mz leaoe thr��_i 12/'3
Mi leaoe thr�.t 12I3
i7ec Svc
Dec svc
Dec Svc
Dec prern
I?ec orer�t
Dec prern
Dec grem
Dec prern
Dec or,ern
Dec orem
Aec Prer�i
Nav Svc
Nov Svc
Nov svc
Nrj�r�V 5VC
h{�v sac chg
S�c chos City Hal.l
Attt� r.trrt
73. �5
143. 55
^c7. : �d
J. �8
3. 15
J. �J
# 1. '37
�v. JJ
14. 52+
14. 5�D
14. 5�
43. 5�d
9k�?. 7'D
EsS�. 9�
1 � 68'3. c5
7k1Q1. 0�D
7c�='. �h5
141. 6�
�u7. 99
4$8. �6
J7 .J��.'i. 3J
34. 5�l
�4. 9fi1
24. 90
u�F. }�
SVJ9. 25
5, 717. ��
3, 118. 5Q
$, $?,S. 75
e c
:c Dec i�87 Un�asQ Ree�s
3.3t 4:44 F'M City �at Nlencata h ;nts
�as� Acci Descr Casn Dak Ctv Pank
Ternp Ct�eck Number 14 _
Vendc�r Inv� ice F'. O. Acc�unt CGde
+licwest Sirer, Service 1�Q�62 � E �D7-43:0-Q�v7-0�r
Tr�tals Terno Check Number . 14 ,_ . _ . . , _
iemp Check Nurnber iS
Midwest Wire Steel S�Z+3�5 � E +Z+i-44'�V�-�5�-5�+
Mi�west Wire Steel 1�357 �D E kli-4305-iD5!d-5�b
Midwest Wire 8tee1 is�ti8 0 E @1-430�-07k�-7¢�
M:dwest Wire Stee2 1078� rZt E 01-43c�5-�75Ql-5v�
Midwest Wire Steel 1�8,?,3 Q� E @1-43Q��-c�54�-5�1
Tcttals Ternp Check Number 1.�'.,
iernp Check Number 16
Mi� ler Printing 17: 26 fd E ¢�2-43�kt-11�-1�
Miller Rrintir�g 17�16 � E �5-43�0-1aS-15
Tatals Ternp Check Number 16
Ter,�o Check Nun�ber 37
Minn Deot of Revenue Q+ E �i-4320-05�--50
T�it�ls Temp Check Number 17
?en3o Check Nut+�ber 18
�linriesota--C�r�way 224�t� 0 E +c�2-463�-���b-30
Minnesr_�ta-Canway �6.=:u�� 0 c 02-43�7..�,-�3�D-3@
htinrresota-Ccrr�way �74k8 � E +Zt1-4�3�+-40�-3�
Tntals Temo Check 3tiiumbet- 18
Terno Chec� Number 19 '
Mirmesota Tearnsters Lac 3^crD 0 C, �1-2�7,.�.,
Tatals Teroo Check Nua�ber 1�
:ernp Check Number c�
Northern 8tate� Gower +Z� E 01-4�1�-315-3a
N��rtherr� �tates Pr�wer iD E 01-421�-31�-50
Uarther�a 8tates F�awer � � i:�-4'i1�-31��-E�h
Nur•thern States Power 0 E 01-421.2-31�-7@
Nur•t hern 5t at es F�+�wer 0� E 01-4? 1�-320--7k7
Descr i. pt i c�n
Dec Mtcn
� ��US�S
T F'�st5a
l:� 1/� gauge
T prstslg3oves
T post s
Er�veloqes
Envelopes
N�v f�.tel tax
Hc�se
Ac+aoter
Etrac�cez
Dec dGtes
Dec Svc
D�c Svc
Dec Svc
T]ec Svc
Dec Svc
Arni_�unt
6�. 40
5c. 40
� 98. 00
86. ��
62. 50
116. 6St
58. 8Qt
442. 9�
f 89. 72+
18�. 7S
379. 45
3� 6B4?. fclst
3t�5. @�
345. �tZ�
4, 13�. Q�
169. ^c5
163. ��S
::.36. �'3
25�. 5L�
�5�. 58
^c -�'�'' 3. 59
1�3. 46
e v
l^c �ec 1987
iat �t:44 PM
:ash RceL Bescr� Cash Dak Ciy Barrk
"erno Check Numoer � ^c@
lBriC{OY` I YiV C� 1 CE
+tar-}herrs �tate� P�wer- �
Jor• � herr� 5t at es Pnwer,
�!c�r^thern �atate� Pc+wer .- . -- - ._
dc;�thern States Pawer�
vcar-�Mern �ata�es P�war
Vrrthern St�te� Pc�wer�
i ot�ls Temp Chec}t N�_vnber 20
,
femp Ghec4t Number 21
Uorthwestern Hell 7elephc�ne
�;orvhwestern Bell Teleohc,ne
U��rtfiwestern He12 Te2eohone
Var�hwestern Bell Telephone
Vr_�rthwestern Rell Telephc+ne
�;orthwestern EleI2 Telephone
Totals Ten�p Check Nurnber 21
Ternp Check Number 22
Jrfei Contracting Inc 5fZr1
iqtals Temp Check N!_�naber ��
Tenip Check Number- 2.:,
7xyger� Service Co. 886.�,
7xyoen Ser^vice Co. 8866
Tatals Temo Check Nttmber 23
iemp Check Nuniber� �4
Pine 5end F�aving 45.c.,
Tatals Temp Check Nurnber 24
Temp Cheek Nursber �S
=�ublic Ernpl Ret Assn 6c44
�ublic Ernpl Ret Assn 6244
��.iblic Empl Ret Assn 6'c44 -
�ublic Ernpl Ret Assn 6244
jual3c Ernpl Rex Assr� 6�44
�ublic Empl Ret Assn 6�44
?ublic Empl Ret As�n 6244
Unoaid Reois
City af Menc�ota t ,nts
F°.II Accaunt Code
0 E i.�`.�-42l�-4+U+Zt-6�D
0 E Q�1-4�11--s15-.;tZr
0 E 01-4211-420-5�
� E 'Z+I-4�31-�k��Z+-5'Z� �
�D E �? -4'c:i 1-.;��-7f1
� E 1..�'i-4ci 1-4a�-Er�
O E �.:i-�4clkJ-iQ�5-15
� E t?1-421�-0c0-;'0
� E i.�'.�-4� i Q�-fd6tit--6�
0 E ai-421�-05�b-50
D E 15-4�IQ1-0E�--6�
�l E � 2 -4� 1 Q�-�Z+7aD-70
0 E �ti-4332�-Qt�DQ�-l��Zt
� � (L���1FJQ�J^Ch.�J�'�a`J�
0 E �d1-430,�.��-@30-3ib
� E �1-442'�-S�St=,.�,�h
rb G ¢�1-2�6�
� E QJ1-4134•-22ad-10
Qt E 01-4134-���-��
Ql E Q1-4134-�D�Q--2@
Q+ E 01-4i34-�3�-3�
0 E 01-4 i 34-�4�+-4�Zr
� E Q11-4134-05�Zt-5rd
Descripti�r�
D�C SVC �
Dec svc
Dec svc
Dec svc
i}ec svc
Dec svc
Dec Svc
Dec Svc
Dec Svc
Dec Svc
Dec Svc
I?ec Svc
Stm darnage
a
'�.{"tY`Cl 1 �, %J
S/16 thru 11/iS/87
Mc rnix
1�/4 Payroll
2�/4 Rayrall
1214 Payroli
12/4 F�ayr�all
1�l4 �'ayr�all
12/4 P�yrail
1�/4 F'ayrall
flmaunt
�.'�t. 0�T
342. �,��
115. 3'3
_ _ �. .. JJ�'J. �1
4�. 88
337. 92
�c7 2$4. 59
19. S�
u�i.^'�. �J
'�TS. f 8
34. :,6
34. 58
34. 56
482. 33
1, :.�59, t�t�Zt
1, 35'3. 0Qr
1�. 6@
16. 80
;'9. 4dt
�SL. a.:,
2f2.33
2� 358. ^c6
1�1.93
�, idi'9. 57
57. 73
8. 5ti
�4. 83
z�i. z��.
e 4
.: 1�C i��7 � .?YS�a_� �'��'8
ia:: 4:44 r'yl y..�,;v �;�� :er;ccca
,a�7 Acr_v Descr C2si, �a�c ��y ��an�c
. an a C:�eck i�i�_unber� ��
J�r,dot, Irivc�ice F'.O. Acc�_��_ir�t G��ce
�j;ciic Ernol Rei Rssn 6�44 �cl �z �Z1-4i34-v?7i�-7�c'�
�F.«iic �rnwl Rei: �ssr� b�G4 �7 E 1;�-k�3�+-u�cv"_�-6�c�
=�a�•iic Erna? k�e�G Assr� E��4 . �� �M�.1"�Fl.:�"I"—��J'�.Y.J
= u.z_ _ �. �r�t;�l ^��c Assrr ��44 ;�t c ��,_,� s �,�._.c��_.. ,y�
:"�atals Tern� Check N�_�niner^ c�
� erno Ctieci< N�unner^ '�6
3Lven t;��t�r�er�s 4ce i�dwe 33!c't`�v�7 i� E 3:=,-�r.:�a-fZ�E i-6�
Tc�tais Ternp .r.hec4 N�.�mber, � c6
-ern� CSeck :Vurnb�r� �?
_ � Sna#_sgttr.essy Jr� �t E sZ�i-4,_'�ut-luc-1 �
_ E 8ha�_ig�nessy Jr � E 0�-4'�ci7-f3�-i5
_ E �ha�_tghnessy Jr � E �c:i—�:ti���"1 �c-kt0
_ � SE�a�aai-�nessy .Tr- � E i6-4c;_�-f.:�'_-�ri3
_ t 8haug�r�essy �r^ �cz � �3-4���-i3�-!ZiL"+
- c 5haughr�essy Jr^ � E i4-422�-1�'�-�0
_ c S'rt�a_tahr�essy Jr � E 2�-4:_'�=+Zs-i3�'-6�h
�o�als 7emn Check N�.u�ioer^ 27
i ar:1a Check. ttif+.trn'saer� '�8
I� Sh i e 1 V Cv 17834 �c� E Q: i-4u��-��7:;�-5i�
i�-r�als `iernu Check. Nurnber- 26
� et:�o �;�ectt �Si�miaer ��
� �t^��11 Car^ Wash � .= i 14 �f� .� '� i-4�t. ;�ct-tZt�2-::'tl
ic�tals Tern� Chec:�. Iti�_�m�er '�'3 '
f�_:ao CSerk Number 3�
3r�;_rder� Dr�.tg St�,�res 23E 593 �Z� E �:_4�,�i��-�:c�c7-::�
:rryder Dr�_ig S��_�r�es 136 5�3 � c k�1-43�ti,�'.,-�7!c7-7�
Totals 7en�p Chec?t tU�.cnlber ��
i erau Chec;t N�unber� 31
�un Newsnaner�s 7A4fa6 � c 2�i-4�4kt-t7,3+�1-8��7
Tc�ta3.s 'i'emo Check l�iur�zber 31
fer�7a Check �I�_inrber 3�
fwzri City Testir�g 83@w� +Z+ E 3a-4,�3.t-i344--�L1
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Taials Ter�Tp C�eck I��_�mber- .,�
s nrno Check tiurnber� 34
ur�i�ced Cer,ir-a1 TruS�cee 1697F �t G �I—���71
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Tw�tals Ternn Check Nurnber 34
� �e<�� Ciec� ;V�_crni�es^ 3.�,�
ilniver�sity � �f ;+'lir,nesata � G �+1—i�i�
intals Terna Check Nurnber� 35
'en�o Lheck :til�_uneer- 36
J. S. P���st Of�'ice � C, �1—'1�1�
Totals Ter:i�, Check !Vur�iber �6
': emn C;��eK Nur�ioer 37
:Ji.,tinrc,a i� Weinst ir�e k'� � u�x—%+cc? —i�p�—i'�7
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i�tais Terap Check lifunz5er� 37
� �-no Check N�_tmner 30
= �+ S 19.;7� �Z� E sc"�3.-433�1t-4'3�-21t
T�stals 'rerafl Cnecit N�.irnber� 38
T'�r�7o Check N�_�rnber 33
'�?e�r�a Ar,e� WSgr Aesrr �S E �Zt2-44tZ:�d-12�—IL
T,�'sals Tecap Check l�I�_ir�tber� 3�
it�sera �i i�_�n
'�a�o ,'��yes
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-e:�o Checit :v�_�rober 4V+
`Jeri�W�r^ �nvr_�ice 1='.O. taccr��_ir�t Coc�
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To�ais "emo Chec!{ !V�_irn�er 4�
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T�atai� Tern�s Checit IVur�rber, 41
� at:�p Chec;; 1t�_trnber� 1F� •
3rc,tvr� c� C��i^is �r,c �i; ; 8U-44E;d�-3L='-'����
Total� Tem❑ Cn�ck N�_trnber� 4'�
Tern� C�eok �i�_�enbar� 43
=c•yu��� Eq inc k"�2'.:� 7 0 E i;�-4c«fi�-K��3f4t-��;p
1"crtals Temo ChecK N�_�r�iber- 4�
Te;:za Cnecit i�St�ntber- 44
L�I1C�ct�PSi�1"12 (�Ja:/:. tL�l ._ L'y--L}:;.�rL�—:�.'GS—i.Z�
T�hials Tern4 Check N�.tntoer� 44
. E.:1A Ci�2crr, :\1r_tr�7CYpr' 4:�
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i��ais Ter,�n Cl�eck N�_�mber 46
i erno C�ec4� iV�_tmaer^ 4"�
=4c'�r�al Gicer�sir�g 3 V rZ C iZ+.:i-�t-��1�-_rZ�S-i:r
ic�tals Temo Ciiecit N�_;ra6er 47
Te:no Chec�. Nurnber 4f3
= i r�e Re i i ef Assr� � E ��-449+C�-� �Z+k�-k'�Z�
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15. 470
3i,�87.St73
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.�... 4:44 c�M �icy ��r iner,dc�sa Y 3is
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'er.:� �h�ck ?4�_irnber 4� '
+�r:cor Invr_�ice F'.O Accr�ur�t Cc�de
' _Y'�L 1 ECFi S'�L$� � E �I-'4E'�iZ�'"�.:��L!—.5�
"'��tals 7emo Checif Nr.�niber� 49
, ���r7� Chec:< Nurcic�er� r�
aen�ral Cufnr��u��icati�r�s Ir�c 9:�'156 V� E r1�2-43.��-45k'�-cv�
3ener-aZ Cumm�_inicati��tts Ir�c 8493� 0 E Q�1-43�0-450-cV7
i'� �tals Temp Check N�.vnt�er 50
"en*o Check Nurnber 51
zoi�t Excavatir�cr 4� E �1--44�±-v7�Q�-��
ic�tals Tentp Check Nurnber �3
i ernn Cfiecit Number �2
a�_�man Resr_��.irce Assc�c 0 E �1-44'���-110-10
Tc,tals Ter�Ta Ct�eck ht�sraoer� 5c
"emo Check i�i�trnber� �U
{��rne L�_imher^ 144266 � E �1-43��t-49�-�Z�
:ame Lur�iber^ c�877 � E �D2-43�C�5-05�-�v�
9rr�re l.uraber 43885 � E �Z+I-4 ;3�.1--43�-,�k�
`rc�tals Ter�io Checi+. N�.imoer^ 53
'etn� Checit ivuraber �4
ianns S�tiF�tA Rer���.�va3 � E �i-4���-�s7k-'7�
?�_�t�ls 7emp ChecK N�.irnber ,.�.�4
'=:no Check N�.tniber JJ
i-te J4seah Cv � E ��t3-446�-�Zt�Zt-��
�
Tatals Temp Chec:� Ni.tmber� ,.�,5
"�:�:o Check Number �6
F�.,�rr Henr�y Fc�ster� i+tirrr� Ir�c. i0�3457 kt E ��-433;�-.�z5-.���.t
Totals Temp Check Ntunber 56
'erno Checis N�unber �7
i�t';'�t'ss^a Kt^ei�sbach ' tZ+ E u�'l-449kt-�i3�-8r�
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Safeiy va?ve
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'a�,t� Chec"st Nurnoer 57
�encar Ir�vr_�ice �'.O. Accr_��tt"i$ C�ae
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Totais Terno Chec� N�.drntier^ 57
`�n:a CSec:< :�lunzae•r� ��
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T��tals Ternp Check N�_imber 58
'e;:�� C;�eck Nur,iber 59 ,
,rer.ier Sor-ir,a R Aii.gn i1,:,9 �1 � ��:-4.=;3t-4'3�e;—�:�t
Totals 7emp Check Numoer 5�
'erna Chec:c Nttmber� E��
f � 5ia�� Ca ,?3453 +� � 4�+—ci��
� #2 BiQt� Cr =845.; 0 E ,:;2-44c�d-83'�—tZ��d
I R 5i gn Ca 38453 0 E� 33-44;�rb-844—��
Total� Ten7p Checit N�.irnber 6u�
er:�� C�eek N�inioer E1
or��Gri Tt-ic�kai 4rd'��.�.� 7 E �i-44�I—ic���-5�
:sr'�c�rc T!-ta �k.r_�l Er98;'3 tZ� E �«1—Ft4�::±—�5�'tt-5+2s
_�r•�c�ri ;tit�i���2 7��5u i7 � Q.:-44�i—�Z�,=,i"ts-5'�7
':'c�va3s `t'et�tp CheeK Iv�tn��er 6i
=ra� C:-rec:� h!�unber E,�
�c•.,,_��aiicar, Cauncii �'1 E �2.-4�s46—�d�-8.�
�c�t�i� Tern� CnecK �i,_iu��er 6c
eer,� Cneck Nurnber 63
�i5tm R�.�cie R Ass�,�c r�� L '~. --��
,. _ —4,_::�c'�—�t, ;'�-4t+c�
l"r_�tals Ten�o C;�ecic Nur�iber 6:;
arn� Check N�_irnber G4
sr�therri Hydr,atclic� 72901 k� t k"��-43�Z�5-4�7i�-7�u
Tc�tals `E'ernp Check Nur�iber , E4
aa7o Check N�_imber' 65 '
�r�ther�r, Landsc�fle R Desien 3�187 � E „t-446Z�-839—��
DeScri �t ic�n
4+li?eace D:UR
iuner
i='�r,ws .=t�3
Le c t �t�s
Letters
Le�cLers
5ar"e T Saic
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8a�'= t �alt
.-ir�a'! 56 :="<r:r:zr�❑
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Lanescaair�o 8b--�
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J . r FS
41. 78
.:I�C.. J�G�
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21'c":. i�
11:�. ��
llc. f5
33G. 46
47�. 3;'
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44. 78
44. 7L-'
4, $9.�'.,. ��
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; �5� Hecz Descr ::as�r �a�c �t.� �ar��c
"�;:�a �:iec!t N�.unber� �:�
!e'r:cior- Fr�vc*ice t='. Ct Acccturec C�,tie
ic�tals Ternp Check N�_irnoer� �`�
-�ar� Giecdt �2iun�er, �6 --
Plurnbirig Place c8�:'8 0 R �1-��.�.+4
T�.�tals 3em❑ Cfieci+. IV�_ir+ibe�^ 6c
s erofl Checlt N�_�mber c�?
=rc,�x Ph�t� 6k"137� ti� E �1-43Q��-���k-3�c'�
Toials iernp Check �3,_trt�ber� 6'7
Ternn C:-ieck N�_uaber 68
=� E R A 6^c44 � G �1-c:z174 �
F� = R A 6:'44 �D E 01-41�1-11V1-1�Z�
Tatals Temo Check N�imoet, 66 '
7et:�a Check hir_�r�zber� Es�
�ez iabie 46882��1 k7 E 0:,-4.:w�L�-1-�Zi--2��
7c�t�1� Temp Check N�_iri7ber, 69
Te���o Cfiec�t Ni�mi�er 7�
teisinaer� Exc Ir�c +� � '2�=-4„��t"�-ti.�k-��@
Tutals Ternp Cl�ec�c N�_trnber 7�Zi
� �:f1� Check iuumber 7'!
Si�r�al Sys•terns 11453 k� E �7z-4:..;k�-49�Z�--Sk�
Si�rial Sy�terns f 14,.�.ri �e1 E �1-4.�3�-45�-7�
Si�r��l Sy�ter�i� ? 1�+5i � E 1.�'.,-4,:3�h-49�-5�
T�rt�ls Terno Check N�_truber- 71
i a:7p Check. N�.iraber 7�
S= I Fr^inLinc� K Granhic� 17835 i� E '�1-430:�-'�7�i7-3k7
Tc�ta25 Temp Check N�_vnber 7.::
3 L�iiO Check Ne.tmi�er- 73
T..in City Saw & Svc ? 6E��1 � E �l-4J�G1J—�J�C�^J�L�
irescs�i �s i�_�r�
�fe fee cancei2�c
r'�"li_it� OT'r�C�551YiCl
l]ec ar�ern ,
Dec ='r^ern
L�a I�nce 11 / 16 ar^Cer
-a'�`trn damaae
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t 1Q72 CzC�CKi'el'�CS'7
Time cloc4 rnt�n
h�rin�cina svc
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Rr,t+%i�ns
4. �335. ��
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31. ��+
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ta� 4:44 1='M� Ci �v r�? :�:enoc�ta � ncs
:asti Acct Descr Ca�n DaM rty Bar,k
; �a�� CFieck Numoer T3
lerrd�r Irsvoice F'. fl. Acco�inz Cocie
I':vs.r� City Saw & Svc 166�1 � E G"1i-<t���5-�7t2+-7�
iwar� City 5�w R Svc 166�h1 � E 15-43�5-k�6�-6Z�
- -- ---- - - ._-_____.- -----. .------•--- -•
"c�tals Temp ChecK :V�_inroer- 73 .._..- - - ___... __-- .•--
fem� Check Nurnber 74
� � - aa�a. ..... �.��•w,a3t�.a�
� T t� T, iz� E �1-4::1�-�v�-3vJ
Tatals Ternp Check N�.cmbe�^ �4
I'er�n Ghec4 Nurnber^ 75
3v^�rff Ir�c � �754 k"� E c�-43��d-��d0-��l
Totais Terno Check Number 75
T�ia2s Cash Acct Descr Casn D�k Cty Har�it
ldANUAL CHECKS:
3t'and Tota1
11549 .1,053.00 Paui Kaiser
. 11554 4J.25 Qave Sorb,}�
. 11551 150.00 Soo Line F R
. 11552 25.00 St. Pau] 4:ate r
11553 484.42 City M H Fetty cash
11554 .175.OQ t4inn Benefit Assn
. 11555 200.00 Bernard Kzran
. 11556 5,540.32 QERA
11557 5,460.34 Co�nissior.er of Revenue
. 11558 9,,ll5.92 Dakata �aunty Bank
. 11559 625.00 "
11560 3,484.52 SCCU
i1561 28,682.9Ci City F'.'i. Paryoll Acct
.11562 3,121.7$ DC ST Ban�.
11563 21,425.71 City M.H. Payrall Acct
79,591.16
G.T. 313,300.33
� � ii
Descrioci�n - - - ',. Amount
. ='< .
Ghairr sawlarincter^ . .;�1.'3k!
Chairi saw/grir�oeT^ „�1.90
�-_ _--_ __--_ _.------------ -- ��`�. 74't.
'T�1iw,--:+niulw.x �h.... .. }'Iht1A.r�.�ST.iY.r .� • .
L D Calls
Strn darnace
Nav Svc
Glothing Allowance
Easement
Fleter City Ha31 site
Reptenish petty cash
Sept premium D. Ward
reimburse expense
11/2Q Payroll
11/20 & 12/4 Payro1l
12J4 FIT, FICA, tAEDICARE
72f4 Payroll deductions
��
5214 Net Payroll
FIT Fire payroil
Net Fire payro7l
4. �4
4. 04
78s�. �Qi
78�. �rb
c..,3, 7'�t1'�. 17
G.d�y 7�9. 1%
MEMO
CITY OF MENDOTA HEIGHTS
�
November 15, 1987
To: • Mayor and City Council ,
From: Kevin F��ty Administrator
Re: i Progress on Highway 55 Study
I
�
City Planners Howard Dahlgren, Tim Malloy, and I met with
representatives of Resurrection Cemetery yesterday to bring
them up to date on the Highway 55 Corridor stud�, and to
inquire as to their possible interest in releasing some of
their;land north, east, and south of the Furlong Addition for
a redevelopment project. They were very interested in our
study; and in the �ossibilities redevelopment would provide
for their corporation. They are currently completing a long-
range'development plan for the cemetery, and indicated that
by May 1st, they would be able to tell us how much land, if
any, they would be interested in releasing.
The purpose of this.memo is to provide a brief (because it is
on the add-on agenda) synopsis of staff thinking,on how we
should proceed with the Highway 55 effort. We will be
prepared to discuss our thoughts further at the meeting.
Staff;suggests that we begin with the following actions:
l. Furlona area redevelopment - The key is attracting a
major development so as to create a viable tax increment
district. Marketing the pro�er�x should wait until we
know how much land Resurrection is willing to offer.
Therefore, we should plan to prepare and distribute a
Request for Proposals next summer.
2. o ers Road redevelopment - Redevelopment of this area
should ideally be a�art of the larger Furlong Area
redevelopment, but financially can stand on its own as a
part of the City's existing tax increment district.
Staff suggests that we attempt to integrate this area
into the RFP next summer, but make a commitment to the
neighborhood that even if that effort does not succeed,
we will begin to purchase their homes by a specified
date, perhaps sometime in 1989.
i
3. Mulvihill redevelopment - Redevelopment of this area is
almost entirely separate from the above parcels, and is
included in the City's existing tax increment district.
United Properties has previously indicated its desire to
4.
5.
, I
r
ultimately acquire the area, as an addition to the MAC
property. Therefore, staff proposes that we begin to
work with United and the neighborhood. This would
include coming up with a plan for guaranteed purchase of
properties by a specified date. ;
Utilities - Extension of sanitary sewer and water lines
from Enterprise Drive in the Business Park to the �
Brooks/George's Golf Tee pro�erty, and on across Highway
55 to the Furlong Addition, is included in the City's
existing tax increment district. Council may recall�
that we previously designed and let for bid the �
extension to Brooks. However, the project was dropped
when Brook's developer went away. � �
i
We know that the trunk lines will ultimately be needed,
regardless of whether the Furlong area is redeveloped,
or remains as a single family neighborhood. Therefore,
staff suggests that we proceed to complete that portion
of the project next year. It will be necessary to come
to some agreement about what the level of assessment�
will be to the Furlong residents if the neighborhood'
remains. '
Hiahwav Improvements - As discussed at our public ;
information session, the big "unknown" holding up our
plans is when the Mendota Interchange improvements wi,ll
be constructed by MnDot. Simultaneously to all of the
above, we should be strategizing with MnDot officials
and our legislative delegation to insure that the �
�roject gets a priority position in MnDot's capital �
improvement plans, and adequate funding is provided.
ACTION RE4UIRED
To react to the above staff proposal, and give any direction
Council desires. • �
It would probably also be a good idea to invite the area ;
residents and landowners back for another information ses�ion
to discuss our plans with them. j
e
CITY OF MENDCITA HEIGiiT5
DAKOTA COUNTY, MINNE50TA
ORDINANCE NO. 246
Ari ORDINANCE AMENDING ORDINANCE NC1, 901
� The City Counail of the City of Mendota Hei.qh�s, Minnesota
ordain� as follows:
�Sectiion 1. Qrdinance No. 401, known and referred to as the
��Mendo�a Heights Zaning ordinance," is hereby amended in the
following respects: ;
� A. The following described paroper�y, aommanly referred to
; ag 1{ensington Planned Uni.t Davelopment, �hase I,
� situa�ed in the City af Mendota Iieights in Dakota
i Caunty� Mi,nnesota, is hereby rezoned from an "R-1," Ane
�' Fami.ly Residential District, as the c�se may be, to an
"HR-PUD" hi.gh-den�ity residen�ial Planned Unit
� Develapment, to-wit: `
f . .
;'11�at par� ot' the Sauthwest Quarter af Sectian 36, Tocanship 28,
Range 23, Dakata County, Minnesota, described as follaws: Commencing
� at the southeast corner af said SouChwest Quar�.er; thence Narth
: Q°-26'-53" West, assurned bearing, along the east line af said Southwest
� Quarter, a•distance oF 386.12 �eet Go a northerly rxght-of-way
liae of Minnesota Department af Transportation Right-of-Way Plat .
� No. 19-56; �hence Narth $9°-52'-47" West, alang said nartherly
� zight-of-way line, a distance af 568.83 Eeet ta the actual point
'' nF beginning; thence Narth $9°-52'-47" West, cantinuing along said
northerly Ri�ht-of-Way line, a distance�oE 284.04 €eet; thence
North 86°-03 -56" West, a distance of 469.40 feet ta the northwest
� corner of said Minnesota Department of Transportation Right-Of-Way
� Plat Na. i9-56; thence North 86°-03'-56" West, along a northerly
! right-o�-way line o�' Minnesota Department o� Transportation Right-Of-Way
Plat No, 19-55, a distance of 241.14 feet; thence North 0°-00'-00"
East, a distance of 337.9Q feet; thence North 89°-23'-32" East,
a distance qf 200.00 £eet; thence North 12°-21'-32" East, a disGance
of 321.70 �eet; ther�ce North 30°-56'-20" East, a distance o� 206.63
feet to a southeriy right-af-way l.ine of Mir�nesota Department o�
Transportation Right-oE-Way Plat No. 19-56; thence easter�.y, along
said right-of-way line, along a nan-tan�ential curve, concave to
the northwest, having a central. angle of 22°-00'-1$' and a radius
of 676.62 feet for a distance af 259.86 feet, the chard o� said �
curve bears North 72°-33'-05" EasG, to a southeast corner of said
Minnesota Department o� Transportation Right-Of-Way Plat No, 19-56;
thence northeasterlY, continuing alang said curve, having a cen�ral
angle of 11°-27'-59' and a radius of 676.62 �'eet for a distance
of 1.35.41 feet; thence North 50°-04'-57" EasG, a distance of 262,$1
feet; thence Narth 69°-31'-24" East, a distance of 49Q.27 feet;
thence South 7°-34'-29" West, a distance af 197.93 feet; thence
Sauth 18°-51'-12" East, a distance o� 21Q.00 feet; thence South
�.4°-11'-11" West, a disCance oE 485.00 �'eet; thence Sauth $3°-57'-05n
West, a distance of 32S.OQ Eeet; thence South 0°-07'-13" West,
a distance of 475.4Q feet to the paint of beginr►ing.
EXCEPT that part of the above described tract lying within the
Plorth One-half oE said SoutEiwes� Quarter.
t✓
.
�
Section 2. The Zoning Map of the City of Mendota Heights
referred to and described in said Ordinance No. 401 as that
certain map entitled "Zoning Map of Mendota Heights" shall not be
published to show the aforesaid rezoning, but the City Clerk shall
appropriately mark the said Zoning Map on file in the Clerk's
office for the purpose of indicating the rezoning hereinabove
provided for in this Ordinance, and all of the notations,
references and other information shown thereon are hereby
incorporated by reference and made a part of this Ordinance.
Section 3. This Ordinance shall be in full force and effect from
and after its publication according to law.
Enacted and ordained into an Ordinance this Fifteenth day of
December, 1987.
ATTEST:
Kathleen M. Swanson
City Clerk
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 247
AN ORDINANCE AMENDING ORDINANCE NO. 401
The City Council of the City of Mendota iieights,
Minnesota ordains as follows:
Section 1. Ordinance No. 401, known and referred to as
the �'Mendota Heights Zoning Ordinance," is hereby amended in
the following respeats:
A. The following described property, commonly referred
to as Kensington Planned Unit Development, Phase
I, situated in the City of Mendota Heights in
Dakota County, Minnesota, is hereby rezoned from
"R-1 " One Family Residential District, as the
an ,
case may be, to an "MR-PUD" medium-density
residential Planned'Unit Development, to-wit:
__..._.__ __.. . •, . � ..,._. . •• - ---�- - --�—
'I�at part of the Southwest Quarter of Section 36, Township 28,
Range 23, Dakota County, Minnesota, described as follows: Cormiencing
at the southeast corner of said Southwest Quarter; thence North
0°-26'-53" West, assuned bearing, along the east line of said Southwest
Quarter, a distance of 386.12 feet to a northerly right-of-way
line of Minhesota Department of Transportation Right-of-Way Plat
Nv. 19-56; thence North 89°-52'-47" West, along said northerly
right-of-way line, a distance of 568.83 feet to the actual point
of beginning; thence North 89°-52'-47" West, continuing along said
northerly Ri�ht-of-Way line, a distance of 284.00 feet; thence
North 86°-03 -56" West, a distance of 469.40 feet to the northwest
corner of said Minnesota Department of Transportation Right-Of-Way
Plat No. 19-56; thence North 86°-03'-56" West, along a northerly
right-of-way line of Minnesota Department oE Transportation Right-Of-Way
Plat No. 19-SS, a distance of 241.14 feet; thence North 0°-00'-00"
East, a distance of 337.90 feet; thence North 89°-23'-32" East,
a distance of 200.00 feet; thence North 12°-21'-32" East, a distance
of 321.70 feet; thence North 30°-56'-2U" East, a distance of 206.63
feet to a southerly right-of-way line oE Minnesota Department of
Transportation Right-of-Way Plat No. 19-56; thence easterly, along
said right-of-way line, along a non-tangential curve, concave to
the northwest, having a central angle oE 22°-00'-18' and a radius
of 676.62 feet for a distance of 259.86 feet, the chord of said
curve bears North 72°-33'-05" East, to a southeast corner of said
Minnesota Department of Transportation Right-Of-Way Plat No. 19-56;
thence northeasterlY, continuing along said curve, having a central
angle of 11°-27'-59' and a radius of 676.62 feet for a distance
oE 135.41 feet; thence North SO°-04'-57" East, a distance of 262.81
feet; thence North 69°-31'-24" East, a distance oE 490.27 �eet;
thence South 7°-34'-29" West, a distance of 197.y3 feet; thence
South 18°-51'-12" East, a distance of 210.00 feet; thence South
14°-11'-11" West, a distance of 485.00 feet; thence South 83°-57'-05"
West, a distance of 325.00 feet; thence South 0°-07'-13" West,
a distance of 475.00 feet to the poin� of beginning.
�X�f:PT that part of the above descr.ibed tract lying caithin the
S��il•ti One-half of said Southwest Quarter.
�
Section 2. The Zoning Map of the City of Mendota Heights
referred to and described in said Ordinance No. 401 as that
certain map entitled "Zoning Map of Mendota Heights" shall not be
published to show the aforesaid rezoning, but the City Clerk shall
appropriately mark the said Zoning Map on file in the Clerk's
office for the purpose of indicating the rezoning hereinabove
provided for in•this Ordinance, and all of the notations,
references and other information shown thereon are hereby
incorporated by reference and made a part of this Ordinance.
Section 3. This Ordinance shall be in full force and effect from
and after its publication according to law.
Enacted and ordained into an Ordinance this Fifteenth day of
December, 1987.
ATTEST:
Kathleen M. Swanson
City Clerk
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
a) The project can be planned and develaped to
harmonize with any existing and proposed �
develapment in the areas surrounding the projec�
site.
d) The project has density in accordance with the
City's comprehensive Plan and Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City o� Mandata Heights, that Case 8?-2�, Centex Homes Inc.
proposal far the Kensington planned unit development is
hereby given sketch plan concept approval as shawn �n '
drawings dated �� ./5- � I�y� � and subj ect ta the execution of
a develapers agreement af form and substance acceptable to
the City.
r
Adopted by the City Council o� the City of Mendota Heights
this 15th day af December, i987.
ATTEST:
m
Kathleen M. Swansan
City Glerk
CITY COUNCTL f
CITY OF MENDOTA HEIGHTS ,
By ' ,
t
Charles E. Mertensotto, Mayar
i
�
;
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 87-120
RESOLUTION GIVING SKETCH PLAN APPROVAL TO CASE NO. 87-24
KENSINGTON MULTIFAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT
Whereas, Centex Homes, Inc. has proposed a planned unit
development multifamily housing project of 500 units in the
southeast area of the City of Mendota Heights; and
Whereas, the Planning Commission has reviewed said
proposal, and recommended its adoption by the City Council;
and :
Whereas, the City Council makes the following findings
with regard to the proposal:
1. The proposal is consistent with the goals, intent,
and purposes of Comprehensive Land Use Plan of the
community:
a) To provide a diversity of housing types within
the multifamily residential areas of the
Southeast Area.
b) To encourage development which will be sensitive
to the natural beauty and terrain of the
Southeast Area.
c) To encourage development at an appropriate scale
for the area.
d) To encourage development which provides the
opportunity for property ownership by its
residents, this being recognized as beneficial to
the community as a whole.
2. The proposal is consistent with the goals, intent,
purposes, and planned unit development provisions
of the City's zoning ordinance:
a) The proposal is consistent with the Comprehensive
Plan of the community.
b) The proposal is an effective and unified
treatment of the development possibilities
the project site and the development plan
provisions for the preservation of unique
amenities.
[:3 i1
natural
6
CITY OF MENDOTA HEIGHTS
DAKC7TA CQUNTY, MINNESOTA
RESOLUTION NO. 87-121
RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR
PL�INED UNIT DEVELOPMENT FOR CASE 87-24, KENSINGTON
MULTIFAMILY PROJECT, PHASE I
Whereas, Centex Homes, Inc. has propased a multifamily
residential planned unit develapment project in southeast
Mendota Heights; and
�lv
� Whereas, by Resolution No. 87-�1�-�the Ci�y Council has
given overall sketch plan concept approval to that plan; and
Whereas, Phase I of the proposal is consistent with the
approved sketch plan; and
Whereas, Phase I is also consistent with the
Comprehensive Land Use Plan and Zoning Ordinance af the City
of Mendota xeights. �
NOW THEREFt�RE, BE IT RESOLVED by the City Cauncil of the
City of Mendota Height�, that a canditional use permit for a
planned unit development be granted to Centex Homes to allow
the develapment of 136 manor homes as shown on drawings dated
December , 1987, subject to the executian o� a developers
agreement of form and substance acceptable to the City.
Adapted by the City Counci.l of the City of Mendota Heights
this 15th day of December, 1987',
CITY COUNCTL
Cl2'Y OF MENDOTA HEIGFi`I'S
By
Charles E. Mertenso�ta
ATTEST:
Kathleen M. Swanson
City Clerk
Fr
M E T R 0 P 0 L I T A N C 0 U N C I L
300 Metro Square Building, Saint Pau2, M3.nnesota 55101
DATE: December 10, 1987 �
T0: Metropolitan and Community Develapment Committee
F'ROM: Lang Range Planning Program {Barbara Senness}
SUBJECT: City af Mendota Fieights' Comprehensive Pian Amendment
Southeast Area Plan
Metropoli.tan Couneil Referral Fi1e No. i166b-9
Metrapolitan Gouneil D3.strict 15
BACKGROUt1D
Mendota Heights first submitted this amendment to the Cauneil in Aecember�
1}85. The eity withdrsw the amendment after the Counezl indieated that it
would approve the amendment onc� the Council received a modifica�ion to ensure
satisfaetary complianee with ihe Couneil's G'uideliries f�r Land Use
Conpatibili�j� W��h Aircra�t Noise.
AUTIiORIfiY i'� REPIEW
The MeiraDo�i.�an Land ?'�ar.*�:.ng Aci of 1976 requires �ha� a��.ndsenis to 3ocal
conprehensive p].ans be p^epared� sub�.it�ed to �he Metropo�' ;.,� Couneil for
re�iew �.nu adop�ed in the s�e �.nner as the e^_��3 p'=ns i?V`��. Stat.
�73 •�6�, subd. 2, 1978 ). Gti:.idelines 2dopted pu^su:_rat �ca M.�nn. S'-�t. �i73. $6�}
i02' :'$Y7.@K� j�Z'ODQSSt� 2II?II "{.'�@IIt.S �?'OY? C�� 2���r...:� :•avjpw D@_^iQG{' iOZ' 2.�DIlCtT�IE'.It.S
poientia.a.lq 8i='eC�`.�.II� O�@ OI" ID02""� Oi �2 11M�^OpC�=i.2.i'. S�Si.°iL'.,'�. ''c21� 2�7Q—C12�'
review period for amendments that do not have a po4enw�?1 �ae� o�
m� �ropoi �'-�zn spste�. Mendo 4a Heig�x�s t SLIbiII� lii 4L� �.LS i2"t�Oa�C amenc�ent oa
Novern�er 2�;, 1987. On December 10, 1987, the Ch2._r d��e ����� �hat the
�endment presented no po�ential impaeL on me4rapo�Y �^. sps�e�s; ;�erefore, the
60-daq review period applies. The 60-dap dea��...�e �o^ ^�v�ew oi Lhe amendmen�
.is Janua:y 27j 19$$.
:DjSC'.?L°T?'Q2d 0�' PL�..�t AHLI�'DN�'NT
'T'ne 2..m�ndment proposes to change the land uses on C~.�L�"Oi�r.u�G LG, Y 5Q0 aeres of
�.Jndevalope� la.nd � �he southeast are2 of Mandc� �e�h�s (r��er ta A�taehmen4
'1). The changes were initiated in response ta the co�ie�ion o� �-�9�4 znd the
c�on4inuing iIIpaets of a�^era#'v noise.
��Nt9L.�'S?'S
�'he follat�-ing analqsis addresses aireraft noise �d �nd usp �amva`ib� 1itp,
t:r�nspo^�a�ion and housing.
��TMer�#`t 14a� se and Land �ise CdIILic.ry-.tlb'! 3.7.'�Y
x3p adap��.*�g ihe Council's model noise ordin��ee, �4e:��u;a �e;.�.Ys h� �.deauatel�
a,ddressed the concerns expressed by the Cauncil in i�s -��_�'�' rec�sw of t�s
amendmen�. Mendota Heights is the first ea�uun?vy :�*? the resior_ ta adepL �he
,
ordinance, and in so doing has helped identify implementation problems. For
example, the city, builders and developers have pointed out the difficulty of
findin� windows that meet the specifications of the noise ordinanee. The
Council is working and will continue to work with Mendota Heights and others
to correct such problems (see Attachment 2).
The change in location of the athletic complex noted in the amendment is within
Aireraft Noise Exposure Zone IV and therefore, does not pose a problem in land
use compatibility. �
Couneil staff is pleased with the responsiveness shown by Mendota Heights in
addressing noise/compatibility concerns and hopes that an ongoing cooperative
relationship can be maintained.
Transportation
The amendment proposes both residential and limited business uses for the
southeast portion of Mendota Heights. The metropolitan highway facilities
serving the area, I-494 and the interehange of I-494 and Dodd Rd., can ,
aecommodate the traffie generated by the proposed residential uses.
However, traffic generated by the nearby Northwest Airlines headquarters site
in Ea�an does pose a potential peak hour capacity problem at the Dodd Rd.
interchange. This may affect the city because the Minnesota Departnen� or
Transportation (Mn/DOT) has informed Mendota Heights and Eagan that correcting
any capacity deficienc�es at this interch2nge will be a loc� respon��b'_?itp.
Housi.ng
The amendment proposes residential areas of low, nedium and high de�ity a�
two, four and eight uni�5 peT` acre, respec�ively.• The med�� and h.�� eeasi�y
zreas are in�ended fo^ z variaty of housing �ypes, wzich W��? increase �
opportunities for a greater choice of housin� in Meado�a Heights. i:oweJe^, the
�y want to cons�der even hi�her densities or up to 20 w*+�ts ps:^ acre �.
promotir� affordable honsi.ng. ,
F'T�1DIh'GS OF F9CT �ND CONCLIISIONS
1. Mendota Heights h2s adopted a no�se ordin2nee that suf_"iciently addresses
�he con�itions ror single-�am.ily residential development in A=.rcr�� Noise
r�xposure Zone IV. �
2. Mendo�a neights is �he �irst co�unitp �o adopt a comprehensive a� craf"t
noise ordinance as proposed in the Council's adopted Aviat�on Cha�ter.
The city is working with the Council to correet problems associated with •
implemen�z�ion of the ordinanee.
3. Additional non-residential. development near the Dodd Rd. interch2�e w'_t�
I-49�+ m2y cause tr��fic problems in t,he peak hour which Mn/DOT has •
indicated must be ad�rsssed loc2Zly. For this reason, Mendota Heights
should monitor the development of t.ne area west of Dodd Rd. wr.ich is
planned for l�ited business.
�4. The city may want to consider ailowin3 densities of up to 20 units �er acre
to allow even greater flexibility of housing types and the potent�l �or `
nore affordable housing.
�
f .� '
�
�• �
RECUi�'IENAATIONS
That the Metrapolitan Council:
1. Adopt the Findings of F'aet and Cone�usions as part af this recommenda�ion.
2. Inform the city of Mendata Heights that the Southeast Area P3.an is in
confc�rmity with metropolitan system plans and consistent wi�h the other
ehapters of the Me�ropo3.itan I�evelopment Guide. �
3. Commend the eity of Menflata Heights for adopting the ordinanae for aireraft
noise attenuation and for its efforta to �uceessfully implement the
ordinance,
4. Direct staff to continue working with Mendota Heights �o ensure successful.
imglementat�an af land use eompatibility abjee�ives,
BGS203, PHLPA1
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�
CITY OF MENDOTA HETGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Pre-Meeting
Held Tuesday, December 1, 1987
Mayor Mertensotto opened the scheduled pre-meeting o� the
City Caunczl at 7.15 o'clock P.M, The following members were
present: Mayor Mertensotto, Cauncilmembers Bl.esener,
Cummins, Hartmann and Witt.
Council discus�ed 1988 compensatian reque�t o� City
Administrator Kevin Frazell. Council consensus was that
Frazell"s 1988 salary would be $48,000, approximately a
6 percent increase over 1987, and would be included on the
resolution setting aIl saJ.aries far non-union employees on
the December 15 agenda. Justification for the increase i�
salaries being paid City Administrators in camparably sized
metropolitan area communities, and the result� of the pay
equity study campleted earlier in the year.
Council also indicated its approval for Frazell to attend the
National League of Cities Legislative Con�'erence in
Washington, D.C. in March, 1988.
Meeting was adjourned at 7:30 P.M. to the regular].y scheduled
Council meeting.
CITY OF MENDOTA HESGHTS
DAKOTA COUNTY
STATE OF MINNE54TA
Minutes o� the Special Jaint Meeting
af the City Council and
the Parks and Recreation Commission
Tuesday, December 1, 1987
The special joint meeting of the City Council and the Parks
and Recreation Commission, City of Mendota Heights, was he2d
at 7:15 o'cloc� A.M. at City Hall, 75Q South Plaza Drive,
Mendota Heights, Minnesota.
The meeting was called to order at 7:25 o'clock A.M.
The fallow�ng members were present: Mayor Merten�otto,
Councilmembers, Blesener, Cummins, Hartmann and Witt. Parks
and Recreation Commission members: Stein, Lachenmayer,
Owens, Katz. �A1so present were Bab �offing, 8chaal District
197 Board Member and City Administrator Kevin Frazell.
Parks Chair Stein said that he felt that the Council had mad�
a bad decision in choosing the Southeast Area site for the
Parks Bond Referendum, in essence �rashing a three year study
process by the Commission. He indicated that the Commission
probably would not be helping on the Referendum, and asked
how the Council intended to handle th� marketing.
Councilmember Cummins responded that he had agreed ta work an
the Sibley sit� because of the ecanomic benefits. Hawever,
he had been concerned about the ability to work with �chool
District 197, and also thought it would be better for the
City to have its own site. He felt that the Schoal Board
really wanted to control the iacility, but nat gut much inta
the praject financially. He disagreed wi�h S�ein that this
meant dropping a three year processf and said tha� he did not
see it as repudiation of the work previously done by the
Parks Commi�sion.
Parks Commissianer Laahenmayer said that she felt �ersonal
pride and politics had taken over a rational decision. She
felt that the Southeast Area site was not safe for children
trying to bicycle to activities, and thought it was
pre�erable to have it near a schooi with which children can
identi�y. ,
Councilmember Hartmann responded that he thought adults were
impvrtant too, and that the Sibley si�e was primarily for
children. Jim Stein responded that he did not think that was
the case.
Councilmember Cummins said that he thought the entire Council
was united in endorsin� the need for a park, and that there
were only two alternat�ve sites left.
Commissioner Lachenmayer said that she felt like the Counail
was dealing with the desires o� a special interest graup,
with which Commissioner Katz agreed.
Bob Doffing said that the School Board was receptive to the
City's proposal in continuing discussions.
Mayor Mertensotta said that selling the band referendum was
always tough, and that it was impartant ta get a�acility
establzshed somewh�re.
Stein responded that he thaught there was a real ques�ion
whether the Cit� could possibly sell a bond issue to the
voters. He indicated that last Spring everyone seemed to be
united on �he S�bley site, and naw there was no cancensus at
all. He said that he had equal questions as to whether a
referendum for the Sibley site wauld pass, and raised the
possibility of not including the athletic complex in the
upcoming bond issue.
Councilmember Blesener said that she couldn't personally
support the Southeast Area for the complex, and a�reed it was
prabably impossible to pass a referendum an any s�te now.
She agreed that perhap� we should just do the trails and
parks. •
Cit� Administrator Frazell added that it would b� possible to
divsde the question on the referendum ballat, separating
neighborhoad park and trail improvements �rom the athletic
complex.
Councilmember Cummins said that he supported going with the
Southeast Area site now, and that if that failed he wau�d be
willing to work toward an athletia complex at the Sibley
site.
Commissioner Katz said that she thau�ht the whole process
looked rather absurd to the public rlght now.
Mayor Mertensotto suggested that a blue ribbon promotians
committee be appointed, consisting of people who have not
participated in the di�cus�ions to date, and so are not
caught up in the controversy. .
Chair Stein pointed out that the Council itself is less �han
unanimaus on the propo�al.
There was then some general discussion about the role the
Parks Commission, and its recommendation in the process. It
was noted that the Cauncil would be voting that same evening
(December 1j on development plans for the Southeast Area, but
.
that those development plans had been construed such that it
would not �'areclose po�sibilities for either constructing or
el.iminating the Southeast Area park site.
Chair Stein indicated that tha� put everyane under less ta.me
pressure, and perhaps �here was still an opportunity to take
a laok at both sites.
�
There�being no further disaussion, the meeting adjourned at
appro�imately 8:45 o'clock A,M.
0
s Page No.2224
December 1, 1987
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 1, 1987
Pursuant to due call and notice thereof, the regular meeting of the
City Council, City of Mendota Heights, was held at 7:30 P.M. at City
Hall, 750 South Plaza Drive, Mendota Heights, Minnesota.
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M.
The following members were present: Mayor Mertensotto, Councilmembers
Blesener, Cummins, Hartmann and Witt.
AGENDA ADOPTION Councilmember Hartmann moved adoption of the
revised agenda for the meeting.
Councilmember�Witt seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Witt moved approval of the
minutes of the November 19th meeting.
Councilmember Blesener seconded the motion.�
Ayes: 5
Nays: 0
CONSENT CALENDAR Councilmember Hartmann moved approval of the
consent calendar as submitted and recommended
for approval as part of the regular agenda,
amended to include item 9c, Poore variance
application, along with authorization for
execution of all necessary documents contained
therein. .
a. Acknowledgment of the minutes of the
November 24th Planning Commission meeting.
b. Approval of a request from the Planning
Commission to conduct a joint meeting on
January 26th to discuss proposed Zoning
Ordinance amendments.
c. Acknowledgment of a letter from Mr.& Mrs.
Douglas Geier, 1309 Kendon Lane, regarding
the November 19th Council discussion on
the Highway 55 Corridor Study.
d. Acknowledgment of the Code Enforcement
monthly report for November.
Page No.2225
December 1, 1987
e. Approval of the list of Contractor
Licenses dated December 1, 1987 and
attached hereto.
f. Approval of the List of Claims dated
December 1, 1988 and totaling $132,196.60.
g. Approval of an application from Mr.
Richard Poore, 1660 Dodd Road, for a
variance from the rear yard setback
requirement to allow construction of an
attached garage within 25 feet of the rear
property 1'ine at 1660 Dodd Road.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS School District Business Affairs Director Lois
Rockney and School Board Member Bakewell were
present to comment and ask for clarification
on Council action of November 19th stipulating
Comprehensive Plan�language relating to
development of the School Forest property.
Their concern related specifically to =
stipulations on the use of the water area in
calculating density for the property.
As the result of the discussion, staff
City Planner were directed to meet with
School District representatives and the
prospective developers of the property,
if the concerns cannot be resolved, to
the matter on the December 15th agenda.
and the
the
and,
place
STREET LIGHTS The Council acknowledged a report from the
Public Works Director recommending the award
of bid for installation of commercial district
street lights, along with communications from
J. Sander of Davis & Associates, Inc and City
Attorney Tom Hart regarding Mr. Sander's
position relative to Hitech versus Sterner
lights. � �
Ayes: 5
Nays: 0
�
After discussion, Councilmember Blesener moved
adoption of Resolution No. 87-113, "RESOLUTION
ACCEPTING BIDS AND AWARDING CONTRACT FOR
INSTALLATION OF STREET LIGHTS TO SERVE THE
COMMERCIAL DISTRICT OF MENDOTA HEIGHTS
(IMPROVEMENT NO. 86, PROJECT NO. 11),"
awarding the contract to Collins Electrical
for a low bid of $321,198.00 for Alternate A.
Councilmember Witt seconded the motion.
Page No.2226
December 1, 1987
Councilmember Blesener asked why Sterner
lights are not being installed at new City
Hall. Staff was directed to notify the
architects that Sterner lights should be
installed.
EQUIPMENT CERTIFICATES Treasurer Shaughnessy reviewed the tabulation
� of quotations received for the sale of
$380,000 in Equipment Certificates.
Councilmember Cummins moved adoption of
Resolution No. 87-114, "RESOLUTION PROVIDING
FOR THE ISSUANCE AND SALE OF $380,000 GENERAL
OBLIGATION EQUIPMENT CERTIFICATES OF 1987, AND
LEVYING A TAX FOR THE PAYMENT THEREOF,"
awarding the.sale to Norwest Securities for '
its low net rate of 6.176�.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
HEARING - HILLSIDE Mayor Mertensotto�opened the meeting for the
CREEK IMPROVEMENTS purpose of a pub•lic hearing on proposed public
improvements to serve the Hillside Creek
Addition and adjacent areas. �
Public Works Director Danielson reviewed the
proposed project. He informed Council that
the developer plans to do the grading within
the plat area in the early spring and that the
City would install the public utilities during
the summer of 1988. He stated that while the
project could be constructed to serve only the
Hillside Creek plat, which would result in
construction of a cul-de-sac at the end of
Hillside, the Planning Commission has
recommended that the street and utilities
should be extended easterly, to Laura Lane.
Mr. Danielson stated that the lots within the
plat area could be assessed approximately
$12,000 because the grading by the developer
will create considerable savings for the
project. With reference to the properties
east of the plat, Mr. Danielson informed
Council that the properties which would be
affected are six platted 60 foot lots owned by
the School District, and facing on the
Brookside Lane right-of-way, which could be
assessed about $63,000 -$21,000 per lot if
the lots were combined into three 120 foot
lots. He explained that the improvements to
the properties outside of the plat are
considerably greater because grading of the
�
Page No.2227
December 1, 1987
right-of-way and tree removal must be included
in the City's construction contract.
Mr. Danielson further stated that if the
project is extended easterly,the platted lots
on the south side of the Brookside right-of-
way would also be assessed. He stated that if
the lots were�combined into 120 by 120 foot
lots, as recommended by staff, the assessments
would be approximately $18,000 per lot. He
pointed out that the Robinson lot already is
served by sewer, water and street but has not
been served by storm sewer. It was suggested
that the lot be assessed for 25� of its
frontage for street and storm sewer, for
approximately $3,500.
Councilmember Blesener asked why the costs are
separated and why the two projects should not
be considered as one even though the developer
is doing his own grading. She felt that
regardless of the developer grading the total
project cost should�be divided by the number
of lots affected. .
Mr. Danielson responded that it is a single�
project but that what makes it more costly for
the easterly properties is the cost of grading
that portion of the project --- this is a
small project and the cost of grading and
significant tree removal will be high. In
response to a comment from Mr. Anderson that
one excavator should be hired for the entire
project, Mr. Danielson stated that if Mr.
Anderson could work out an agreement with the
other land owners to share an excavator it
would be a good solution.
Mayor Mertensotto asked for questions and
comments from the audience.
Mr. Blum stated that he owns a 60 by 125 foot
lot which will be combined with the Schomaker
lot in the future to create a single 120 by
125 foot lot
Mayor Mertensotto felt the proposed
assessments were very high for the lots
outside of the plat, particularly for
substandard lots.
School District Director of Business Affairs
Lois Rockney stated that the District has no
plans for its lots at this ti}ne and that she
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
Page No.2228
December 1, 1987
and Board Member Bakewell are present just to
see what is planned by the City.
Mr. Bakewell stated that the School Board is
not crazy about the possibility of $60,000 in
assessments for the project.
Councilmember Blesener stated that she would
like to see what the actual costs could be
before taking action on the project.
Public Works Director Danielson suggested
Council order plans and specifications and
bidding so tha� costs can be known, and
further suggested that extension of the
services to the properties outside of the
could be treated as a deduct alternate.
that
plat
Mr. Schomaker asked whether the Council would
consider vacating the alley right-of-way.
It was the consensus of Council that staff
should initiate the process necessary for
vacating the unneeded rights-of-way and alley
easements in the area. t
Council discussed the desirability of
continuing the street name Brookside Lane
through the Hillside Creek plat rather than
using Hillside Avenue as shown on the proposed
plat. Mr. Anderson stated that he would have
no objection to changing the street name to
Brookside. ,
There being no further questions or comments,
Councilmember Cummins moved that the hearing
be closed at 8:36 P.M.
Councilmember Witt seconded the motion.
Councilmember Witt moved adoption of
Resolution No. 87-115, "RESOLUTION ORDERING
IMPROVEMENT AND PREPARATION OF PLANS AND
SPECIFICATIONS FOR SANITARY SEWERS, WATER,
STORM SEWERS, AND STREET CONSTRUCTION TO SERVE
HILLSIDE CREEK AND ADJACENT AREAS (IMPROVEMENT
NO. 87, PROJECT NO. 2)," on the basis that
extension of the public improvements to the
property east of the plat and construction of
a foot bridge across the creek to the Somerset
School be specified as "deduct alternates."
Councilmember Hartmann seconded the motion.
Page No.2229
December l, 1987
Mr. Anderson stated that he will get a cost
estimate from his excavator for grading of the
total street right-of-way and will contact the
affected property owners. ,
CA5E NO. 87-29, Mayor Mertensotto opened the meeting for the
LEARNING TREE purpose of a public hearing on an application
from Learning Tree for conditional use permit.
Ayes: 5
Nays: 0
Ayes: 5
Nays: o
Council acknowledged a report from Public
Works Director Danielson informing Council
that the applicant again requested that the
hearing be continued and recommending that the
hearing be closed and readvertised when the
applicant is prepared to bring a proposal to
Council. �
Mayor Mertensotto asked for questions and
comments from the audience.
There being no
Councilmember
closed. •
Councilmember
questions or comments,
Witt moved that the hearing be
Blesener seconded the motion.
Councilmember Cummins moved to direct staff to
notify the applicants that the hearing has
been closed and that they must reapply for
consideration when they are ready to proceed.
Councilmember Hartmann seconded the motion.
HEARING - CENTEX Mayor Mertensotto opened the meeting for the
purpose of a public hearing on applications
from Centex Homes for rezoning, conditional
use permit for planned unit development and
preliminary plat approval for Kensington.
Administrator Frazell reviewed his reports and
recommendations.
Mayor Mertensotto expressed concern over
considering approval of the requests
contingent on Metropolitan Council approval of
the Southeast Area Comprehensive Plan
Amendments. Administrator Frazell responded
that the Metropolitan Council approvals should
be back by the December 15th meeting.
Councilmember Blesener stated that she must
leave the December 15th meeting early and that
Page No.2230
December 1, 1987
she would prefer to deal with the requests
tonight.
Mr. Dick Putnam, from Tandem Corporation,
reviewed the history of the project, stating
that Sketch Plan A had been reviewed and
recommended for approval by the Planning
Commission and that subsequently the Council
asked the developers to prepare alternatives
which would prbvide area for a community
recreation facility on the property. He
stated that Sketch Plan B was then prepared.
Mr. Putnam reviewed Plan A, which provides for
540 units on 81 acres, and Plan B, which
provides 500 units and incorporates
approximately 23 acres of additional land to
the east of the original project, and includes
40 acres of park and 62 acres of developable
land. He stated that Sketch Plans A and B are
being submitted to the Council, that both have
been recommended by the Planning Commission
who suggested that both plans be kept active
because a referendum would be necessary before
the City could acquire the community athlet�c
complex land area. He stated that keeping
both plans active is acceptable to Centex and
that Phase I of the development works with the
Plan B park alternative and also with the Plan
A alternative.
Mr. Tom Boyce, from Centex Homes, reviewed the
proposed unit types. Mr. Putnam reviewed the
site characteristics and street locations. He
stated that the Planning Commission has
suggested that the entire road be built at
once but that the developers would prefer not
to do that because they are planning to begin
the project with three units in the west side
of the site. He stated that the first phase
will be a mix of 4 and 8 unit condominium
buildings ranging in unit size from 1072
square feet to almost 1500 square feet and
that some of the units will have walk-out
basements. He informed Council that in the
planning report for the project, the City
Planner expressed concern over the number of
parking spaces and asked that proof of
additional parking capability be shown on the
drawings. He then explained how the proof of
parking was incorporated into the drawings.
Mr. Boyce reviewed sketches of the buildings
and the units, stating that the developer will
Page No.2231
December 1, 1987
mix 4 and 8 unit manor homes throughout the
site and that all of the units will have at
least one attached garage. He explained that
the provision of walk-outs in the units around
the ponds is a new concept,untried in
condominium developments. He explained that
base purchase prices will vary from $70,000 to
$82,000 and that various options could average
$10,000 to $15,000. He stated that it is
anticipated that 30 � of the buyers will be in
management, 25� in sales, 25� professionals
and 15 to 20� retired.
In response to a question from Councilmember
Blesener, Mr. Boyce stated that approximately
half of the buildings will have basements and
that if there is a demand, more may be added.
Councilmember Blesener asked whether the buyer
proportion is specific to this project and
asked how the development will get by with one
car, one garage per unit.
Mr. Boyce stated that there will be at least
one enclosed parking space for each unit an�
that a percentage of the buyers will be empty
nesters and single people. He stated that
two-car garages will be proposed in another
phase of the development but that because a
garage must face the street, the buildings in
this phase would get too long if all units had
double garages. He stated that it is
definitely a trade-off for the buyer and that
many could not afford the additional expense.
He explained the experience he had had with a
Manor Home project in Edina where detached
garages had been constructed to respond to a
Council request for additional enclosed
spaces.
Councilmember Blesener objected to parking
proposed off the public streets, and stated
that she does not see the need for providing
as much guest parking as is shown in the proof
of parking. Mr. Putnam stated that while the
City regulations allow guest parking on the
street, he feels it is safer to provide spaces
off-street and that the spaces will be plowed
by the Association. He stated that, not
counting spaces in front of the garages, there
are 213 parking spaces and that there are 161
garages. He stated that he has tried to
address the Planner's concern that there be
Page No.2232
December 1, 1987
1.5 parking spaces per unit, not counting the
spaces behind the garages.
Councilmember Cummins stated that there are
only 15 of the 136 units which have 2 garages
and that he feels that up to half of the
project could have double garages occupied by
vehicles. He and Councilmember Blesener both
indicated that they would rather give up some
of the guest parking to provide for more
garages.
Mr. Putnam responded that Centex has not yet
built a building with a 2-car garage and that
if Cente.x finds that there is a demand for
two-car rather�than single car garages they
could be added to the buildings. He stated
that he is concerned that it is not known
whether people would be willing to pay an
additional $4,000 to $5,000 for the extra
garage space, and that the buyers must make
that decision. He pointed out that the model
units would have two car garages on one end of
the building and one-car garages on the other
end. t
There was brief discussion over street right-
of-way widths and front yard setbacks.
Councilmember Cummins asked whether the City
could require, in approval of a PUD, that 25�
of the units (34 units) must be constructed
with two-car garages. He stated that he feels
it is a public safety issue. He also stated
that if the developer is going to pursue the
market he identified, more people will want
two car garages than are provided.
Mr. Boyce responded that the question is
whether the buyers will want to pay the
additional cost. Councilmember Blesener
suggested that since the project will be
phased, the two-car garages could be tested in
the first phase reconsidered in later phases
if necessary.
Mr. Boyce stated that if people want two
garages he would have no objection to building
them but that he would prefer not to be
required to do so.
Mayor Mertensotto pointed out that the Council
must be very careful in what it requires since
it does not want to get into the position of
Page No.2233
December 1, 1987
getting rental housing rather than owner-
occupied.
Mr. Boyce stated that he understands the
Council's desire, that if people want two-car
garages he will be glad to build them and will
make sure to push for them in his marketing
efforts.
Councilmember Blesener felt that the guest
parking provided in the proof of parking is
overkill.
Mr. Boyce stated that he would prefer to build
the plan as originally proposed, with 2.4
spaces per unit, that additional spaces can be
added to increase the ratio to 2.9. He
suggested that this could be a stipu].ation in
the developers agreement - that more spaces be
available if needed, and indicated that he
would be willing to bond for this requirement
as part of the developer's agreement.
Councilmember Blesener stated that the guest
parking should be off of private drives and�
not off of public streets. She also suggested
that the developers show proof of the
possibility that additional garages could be
added.
Mayor Mertensotto asked for questions and
comments from the audience.
Mrs. Celia Kennedy asked whether there is a
possibility of reducing the number of units to
allow for two-car garages.
Mr. Ultan Duggan suggested that 50� of the
first units be required to have two garages.
Mr. James Losleben, 815 Hazel Court, reminded
the Council of petitions submitted in the past
in opposition to any increase in density on
the property. He also strongly recommended
that the Council require two-car garages.
Mr. Bruce Richall, 2374 Apache Court, stated
that he just moved to Mendota Heights from a
similar type of development in Roseville where
everyone had double garages and the entire
development looked like garages. He felt that
there must be some kind of compromise or the
development will look like a sea of garages.
Page No.2234
December 1, 1987
Mr. Putnam stated that multi-family
developments typically include one garage per
unit. He pointed out that the townhouse
development in a future phase of the project
inaludes two-car garages for each unit, but
that the units are considerably more
expensive. He stated that the developers are
trying to appeal to many different people and
is not tryinq to have each of his projects
appeal to everyone. Mr. Boyce stated that he
plans to build a model building and then pre-
sell into buildings and that the buyers will
determine what they want. He indicated that
the buildings will take about five months each
to construct.
Mr. Putnam stated that the developers are
experimenting to some degree: where the
buildings have a walk-out level it is more
costly and many people don't want walk-outs.
He stated that the developers will experiment
with what the market wants and that the
largest unit, basement included, will be about
2300 square feet. He expected that the buyers
of those units will want two-car garages. �
Mr. Losleben stated that in all past
discussions he has not seen manor homes and
that all the townhouses had double garages.
Mr. Putnam responded that he has shown slides
of every project Centex has built and that
perhaps the reason Mr. Losleben has not seen
the proposed manor homes is because at one of
the earlier meetings Council asked him to add
basements and two car garages and larger units
to what Centex had proposed. He stated that
to say that he has not shown condominium units
as well as townhouses is not true and that he
has represented precisely what Centex has
built. The only changes made to the buildings
were done to respond to what Council has
asked. -
Mayor Mertensotto suggested continuing the
hearing until a response has been received
from the Metropolitan Council on the
Comprehensive Plan amendments. He pointed out
that the Council options are to table action
or to make action contingent on Metropolitan
Counc'il approval and that what is before the
Council is consideration of a conditional use
permit for Phase I of Kensington and sketch
Page No.2235
December 1, 1987
plan approval for the entire Kensington
development.
Councilmember Cummins felt that some of the
parking spaces should be removed. He also
stated that Council hasn't made any changes in
the comprehensive plan for the housing areas
south of Mendota Heights Road since the
Southeast Area amendments were made two years
ago. He pointed out that there is high
density indicated in the sketch plan where the
comprehensive plan shows MR. He asked whether
the Council would be backing into a change by
approving the proposed sketch plan.
Administrator Frazell stated that Council
could either go through a comprehensive plan
amendment process but that Planner Dahlgren
has stated that combining and averaging the
district, if the total density is consistent
with the density in the comprehensive plan, is
allowed in the PUD ordinance. In response to
a concern expressed by Mayor Mertensotto,
Administrator Frazell stated that both he and
Planner Dahlgren are confident that what the
process being followed is consistent with the
comprehensive plan. City Attorney Tom Hart
concurred with the statements made by
Administrator Frazell and stated that he would
be prepared to document his support in writing
should the Council so desire.
Councilmember Cummins noted that Plan A
includes 540 units on 81 acres of land and
that Plan B indicates 500 units on 102 acres
or 62 acres after park space is excluded.
Regarding Plan A, Mr. Putnam stated that there
are 540 units proposed on 80 acres, 10.5 acres
of which is park property and 10 acres of
which is trails, leaving 60 acres of land on
which to construct the 540 units. Plan B is
approximately 100 acres, 60 acres of which is
developable and on which 500 units are
proposed.
Councilmember Cummins noted that density under
Plan B is roughly 25� less than Plan A in
terms of overall acres.
Mr. Putnam responded that while the statement
is true it is unfair in a sense since a g'reat
deal of the property is taken out of housing
and put into park. He pointed out that Plan B
Page No.2236
December 1, 1987
is actually more dense than Plan A in the area
that is being developed. He stated that the
developers had planned on lower density units,
more single family and townhouses, on Plan A,
and that the simplest action would be for the
City to buy the park land at the price the
developer pays for it and the developer could
then develop Plan A with MR and LR types of
housing.
Mr. Ultan Duggan stated that as a Planning
Commission member he voted against Plan A and
for Plan B.
Mr. Bernard Friel stated that during the
discussions on the Southeast Area amendments
several years ago one of the motivations for
multiple family rather than single family was
aircraft noise and among the items discussed
was that there are less entrances and fewer
outdoor amenities in multiple family
developments. He stated that he does not see
that that is present in these plans. He asked
whether an EAW was prepared and if one had
been submitted to the Metropolitan Council.�
Responding to the density issue, he stated
that it doesn't matter if HR and MR are next
to each other, the City must stick to the
comprehensive plan, and he disagreed with
Administrator Frazell and Attorney Hart on the
issue.
With reference to the Environmental Assessment
Worksheet, Administrator Frazell responded
that the EAW has been submitted to the
Metropolitan Council and all other agencies as
required.
Councilmember Cummins stated that Council is
being asked to approve Plan B which shows a
community park. He informed the audience that
there was a great deal of concern at a joint
meeting with the Park Commission this morning
over whether a bond issue c�ould be passed in
the spring. He stated that before Council
proceeds any further with Plan B he would like
to have an assurance from Mr. Friel of his
support for a community park in this area, as
submitted in Plan B.
Mr. Friel stated that without respect to what
happens to the remainder of the area he will
do everything he can to support a bond issue
Page No.2237
December 1, 1987
to raise funds to provide a park on the
subject property.
Mr. Losleben stated that he would strongly
support the proposed location of a community
park and that he would spend more time in
support of the bond issue than he has spent in
getting petitions against development of this
proj ect .
Mr. Duggan agreed and stated that if the City
approves Plan A it will be a loser and he will
work very strongly in support of the
recreation area.
There being no further questions or comments,
Councilmember Cummins moved that the hearing
be continued to 8:00 P.M. on December 15th.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0 '
Administrator Frazell suggested that Council
. adopt the proposed ordinance number 245 to
implement the Southeast Area Comprehensive
Plan Amendment. �
Councilmember Cummins moved adoption of
Ordinance No. 245, "AN ORDINANCE AMENDING THE
MENDOTA HEIGHTS ZONING ORDINANCE."
Councilmember Witt seconded the motion.
Ayes: 5
Nays: 0
Mr. Putnam expressed concern over timing. He
stated that there are a number of legal
details that must be accomplished between any
approvals and January 1st, that if what Centex
is proposing is acceptable to the Council a
number of agreements must be drafted. He
stated that if he must start again from ground
zero on December 15th he may run out of time
in drafting and getting agreements to the
Council. He stated that there has been a
great deal of discussion over the development
and asked whether Council wants him to proceed
with what he believes Council wants.
Administrator Frazell stated that the City's
staff and the developer should proceed with
drafting agreements now so that they are ready
for Council review on the fifteenth. He
stated that Council has raised many good
issues tonight and that staff can proceed to
draft what he believes Council wants.
RECESS
Page No.2238
December 1, 1987
Mayor Mertensotto called a recess at 10:35
P.M. The meeting was reconvened at 10:44 P.M.
DAMAGE CLAIM The Council acknowledged a
Bernard Karon, 1781 Summit
incurred as the result of
which occurred during City
July storm. Council also
associated report from the
Director.
Ayes: 5
Nays: o
claim from Mr.
Lane, for'damages
a "water hammer"
clean-up after the
acknowledged an
Public Works
Mr. Karon, present for the discussion,
informed Council on the damage and the damage
repairs which were required. He explained
that he is asking to be reimbursed for his
time and that of his wife because they chose
to do the clean-up rather than hiring it done
commercially at estimated costs of $180 to
$250.
After discussion on the matter, Councilmember
Hartmann moved that Mr. Karon be reimbursed
$200 for damages subject to his submission of
a release to the City.
Councilmember Witt seconded the motion.
PARK PLACE 2ND ADDITION On the recommendation of the Planning
Commission, Councilmember Cummins moved
approval of the preliminary plat for the Park
Place 2nd Addition.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
CRAY RESEARCH Mr. Mark Merrill, from Architectural Alliance,
was present to request approval of the
issuance of a building permit for an 8300
, square foot computer facility addition to the
southwest corner of the Cray facility adjacent
to Highway 13.
Ayes: 5
Nays: 0
CITY HALL FINANCING
Councilmember Cummins moved approval of the
issuance of the requested building permit
subject to staff review and approval of the
plans.
Councilmember Hartmann seconded the motion.
•Councilmember Hartmann moved adoption of
Resolution No. 87-116, "RESOLUTION AUTHORIZING
FUND TRANSFERS FOR CITY HALL �ONSTRUCTION."
Ayes: 5
Nays: o
AMM POLICIES
Page No.2239
December 1, 1987
Councilmember Witt seconded the motion.
Council briefly discussed the proposed 1988
ANII�I Legislative Policies.
BOARD OF REVIEW Councilmember Hartmann moved that the annual
Board of Review for 1988 be conducted at 7:30
P.M. on Tuesday, April 12, 1988.
Councilmember Witt seconded the motion.
Ayes: 5
Nays: 0
RAILROAD CROSSING On the recommendation of the Public Works
Director, Councilmember Cummins moved adoption
of Resolution No. 87-117, "RESOLUTION
AUTHORIZING EXECUTION OF SOO LINE RAILROAD
PERMIT NO. 27743," to allow the City to auger
a watermain casing under the tracks at
Northland Drive and T.H. 55.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
PERSONNEL The Council acknowledged and briefly discussed
a report from the City Administrator
responding to a Council request concerning
Public Works use of overtime hours.
YORKTON IMPROVEMENTS The Council acknowledged a report from the
Public Works Director and letters from Robert
J. Huber, representative for Brown & Cris,
� Inc., relative to a claim from Brown & Cris
for compensation for extra costs in connection
with the Yorkton Centre Pointe South contract.
City Attorney Tom Hart stated that the claim
is in the amount of $6,130.
It was noted that litigating the issue could
be more costly than settling the claim, and
after discussion, it was Council consensus to
direct Attorney Hart to negotiate the matter
with authorization to settle the claim for an
amount not to exceed $3,000.
MISCELLANEOUS Council acknowledged a request from Mr. &
Carey, 976 Douglas Road, for waiver of the
building permit fee for remodeling work
required as the result of storm damage to
their home. It was Council consensus that
permit fee should be waived.
Mrs.
f��L
Page No.2240
December 1, 1987 .
COUNCIL COMMENTS Councilmember Hartmann informed the Council
• that he would be late for the December 15th
meeting.
Councilmember Blesener informed the Council
that she must leave the December 15th meeting
early.
Councilmember Blesener asked that staff check
the condition of the streets in the Furlong
area in response to the letter from the
Geiers.
There was brief discussion on noticing the
Furlong area residents that pumping of septic
systems.onto streets and yards is illegal.
ADJOURN There being no further business'to come before
the Council, Councilmember Hartmann moved that
the meeting be adjourned.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 11:10 P.M.
Kathleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor
LIST OF GONTR.ACTOR5 TO BE APPROVED BY CITY COUNCIL
ON DECEMBER 1, 1987
Cancrete License:
Tom ostertag Masonry .
Excavatinct License:
Dakota Plumbing
Gas Piping License:
Air Flaw Systems, Inc.
Bruce Nelson Plumbing & Heating
General Contractors Licenses.
Christ Construation, Inc,
C.J. Hames
The Joseph Company, Inc.
Kingswood Etuilders, Inc.
RK & T Construction, Inc.
Heatina & Air Conditionina License:
Red Wing Heating & Air Conditzoning, Tnc.
i
CITY OF MENDOTA HEIGHTS '
MEMO �
December 3, 1987 �
T0: Mayor and City Council
FROM: Kevin D. az�-� ty Administrator
SUBJECT: Letter from MN Dot District 9 Regarding Dodd/I-494
Interchange
Attached is the letter we requested from MN Dot
District 9 staff, rec�arding the potential upgrading of the
Dodd/I-494 intersection. As you can see, the letter doesn't
make a very definitive commitment to MN Dot's needs one way
or another. However, the need for the letter was first
raised by the potential redesignation of land at this
intersection for the Dodd Corners Commercial Center. Since
Council has declined to amend the Comprehensive Plan to
accommodate that project, the issue is moot for the time
being. . '
KDF:kkb
�
0
0
t1'������4
'�' �o_
� a
F-
�'�
��rOfi TRP��
Minnesota
Department of Transportatian
District 9
3485 Hadley Avenue North
Oakdale, Minnesota 55109
November 24, 1987
Telephone ���-1175
Mr. Jar�es E. Danieison, P.E.
Public Works pirector
City of Mendata Heights �
750 South P1aza Drive
Mendata Meights, MN 55120
Dear Mr. Danielson:
As you requested in yaur letter of November 3, 1987, District staff has
exar�3ned the plan attached to your letter regarding ihe interchange of
TH 149 and I-494.
At this time, it is difficult to predict whether or nat any future upgrading
of the interchange will require additional right of way in the vicinity
of the proposed Dodd Corners. Trips generated by the Mendota Heights pro-
posal, in combination with trips generated by proposals in the city of
Eagan, may overload the present canfiguration of the interchange. The
city of Eagan has stated via phone conversations with District staff that
deveiop�nent praposals far the area southeast af this 9nterchange may not
be finalized until January of 1988. Therefore, the number of new trips
using the interchange that are generated by development proposals in bath
Mendota Heights and Eagan is tao difficult to determine at this time.
Equa1ly difficult to determine is what configuratian a redesigned interchange
would take, and whether ar not it wouid require additionaI right of way.
Costs af any reconstruction deemed necessary would probably have to be
borne by the City(ies), or passibly, by developers making proposals in
the area that will 9r�pact the interchange and the regianai roadway network.
Any modifications to existing interchanges are subject to the Metropo]itan
Cauncil`s Metrapalitan Highway Interchanqes paiicy and pracedures for appro-
val. Mn/pOT supports this policy. .
S' ly.
...._ ��
Richard A. Elasky, .E.
Assistant District Engineer
Traffic and Planning
An Equai Opportunity Emptoyer
CITY OF MENDOTA HEIGHTS
TREASURER'S REPORT, NOVEMBER, 1987
DAKOTA COUNTY STATE BANK
Checking Account 5 1/2�
Savings Account 5 1/2�
, Savings Cert. 3-88 @ 6.64�
Collateral - Bonds
Gov't. Guar.
CHEROKEE STATE BANK
C.D. due 12-4-87 @ 6 3/8�
Savings Cert. 3-1-88 @
6.65�
' Collateral - Bonds
Gov't. Guar.
U.S. TREASURY BILLS
Treasury Notes:
January 31, 1988
March 31, 1988
July 31, 1988
BALANCE
$32,750.08
442.96
25,000.00
$58,193.04
200,000.00
125,000.00
$425,000.00
13,952.59
438,952.59
1,100,000.00
100,000.00
7.12 (lmm)
7.50 (500m)
7.66 (200m)
GOV'T, SECURITIES FUND, 10.7�
$1,003,437.50
499,687.50
198,250.00
$1,701,375.00
COLLATERAL
$ 325,000.00
$1,200,000.00
1,200,000.00
TOTAL FUNDS AVAILABLE: $3,398,520.63
MENDtITA NEIGEiTS FIRE aEPARTMENT
NOYEMBER MONTHLY REPORT
Fih.. �ALLS 87-243 Thru 87-265
. � �t
FIRE ALARMS DISPATCHED: NUMBER STRUCTUItE CONTENT5 MISC. TOTALS TU DATE
CAMMERCIAL � • � �2��
,� � .
RESI DENTIAL ' 2 $250,000 $12�,00� � 100 $414,Q30
1 � $2�,1 �p
. $0
z �z�a�oao � � z�,oaa � � o0
5 MONTNLY LOSS TOTALS MENflUTI� NEIGHT5
i ACL Fi RES, ALL ARE�S $375,1 �0 $441,23�
MEND. NTS. ON1.Y SiRtJC:T1CONTENTS $41 �,Q�O
MEND. HTS.ONLY MIS�ELLANEO�tS ��'6,�01?
2 MEN�. HTS. TOTAL COS� TQ GATE $�41,2?C�
S � StLL1liG fQR SERYiCES
2 AGENCY TNF� MOlITN TO DaTE
QTHER � 2
TOTA� CALLS 23 MN,�DOT �0
� MIl1N. RR �C�
L�QCATIOM OF fIRE ACARMS: TO QATE LA5T YE�MR CNR RR $2,3�'?
� OTHERS:
MENDOTA NfIGHTS ` 16 2f 9 159 $0
MENDOTA t � 12 TOTALS: $0 $2,329
SUNfiSN LAKE 15 i 3 Ff RE MAR5H�L'S TI ME FOR MONT#f
P�UMBER �lF CALLS 23
YEHICLE FIRES
CONTRACT FIRES (ALL)
RESCUE
MEDICAL ASSISTS
GRASS,BRUSH & NU YAtUE
NAZARDOUS SI1U�Ti0N
FALSE Al,Af2M �CRIMINAL
�" �E ALARM - COMMERCIAL
FALSE Al.ARM - RES1flEt�CE
���
L1iYDALE 5 17 25
OTNER 1 8 2
7UTAL 23 265 211
WDRK PERFURMED � HUURS TO DATE LAST YEAR
� CALLS 614 5724 4005
.._�TINGS 58 681 4$2
pRILLS � 79 888 564
4�tEEKlY CLfpN-UP 54 642 697
SPECIA4 TRRINING 92 355 147
ADMlNI$TATlYE ' 169 1400 47b
FtRE MARSNAI 81 752.5 607
T[1TA1 S 1 l.r,7 1 ft44�' � 7fi?A '
1 NSPECTIONS
i N�lESTIGATIONS
RE-iNSFECTIDN
MEET! NGS
ADMlNISTRATION
SPEClAL PRQJECTS
TOTAL
�.�
1 t�.5
SYNOP�IS
The Fire aeptartment respond to 23 cslls during the month of No�aember.
Onl� one of the calls resulted in fire los�. This cali was on �+edrtesdey
�lovember i 1 to 1171 Hunter Ler�e. The Disp�tcher recieved the flrst cell
trom the nwner of the residence et Midnite and he stated that the whole
house w�s on fire. The first police offi�cer erriving on ihe scene reporied
thet �he house w�s fully involved. Three pumpers end �wo hydrants were
needed t� control the fire end West St. Paul Fire �ras put 4n stand-by to
caver aur city. it toak the department better th�n 1 hour to bring the flre
under control. Mlhii�e the Department did an excellent job contralling the
fire end not �liowing any fire damege to the first ftoar of the residence,
heevy smake end water damage to thet level has caused the insursnce
company �o lebel the house e#.otal ]oss. The mas�. recent dallar value wss
gfven as �454,040.04. The caus�e of the fire wes 1nu�stlget�d by Pnul
K�fse�r �nd the State Fire Mershal's atfice and de#ermfned to be
spvntaneous cambustinn.
On Navember 34, �t 4340 h�aurs, Y�est S#.. Feul requested us to move up #o
their station for st�nd-�y. Their department h�d respon�ded to a Mutual Aid
fnc#denE in South St. Peui where e tractor-tr�iler unft carrying hazardaus
materials had cr�shed into a structure on Concord sireet end sterted to
burn. Units from inver Grove Heights, South St. P�ui,l�esi St. Pau1 snd the
State of Minnesots Department vf Public 5afety Handied the situation.
r r
An explenation of the use nf our new pumper iengine 2282} was mad� by
Jim Kirvida af Custom Fire, the msnufecturer 4f the pumper.
The cl�ss was held on the spperatus floor af the stetion, Using 2282
as the prop, Kirvido explained the chassls and power trairr of the unft
and the cnrrect opersting prv�cedures fnr the fire pump.
For the maksup drill, firefighters viewed a video tape of Jim Kirvide's
Thursd�y night presentetion. Flrefight�rs also vlsited 1477 Highway 13
to preplsn ha�r to fighx a fire ir� th�t building.
Thirteen Members of the Deparim�nt elso started ihe 1fi ho�ur first
Responder r�efresher course et our st�tion. This course is needed to keep
their First �espand�er Certificatiar� current.
'`FIRE DEPARTMENT M4NTNLY WORK P£RFORMANCE �OR liOYE#"1BER i 987 `
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ii.�.� FOR ��1QidTN :: f i RE ; f 1 RE � PERCE NT ::CLfAN: MONTHLY : GEN : Q�f ICER :SPEC1�1.� ftRST =SREC1�
...�.�.......�3 .................:'••CALLS..�CALLS�ATTENDE,D� ...UP. ..DRILL.....�MTG:....MTG"...�LEANUP�....RE5P....�.....ACT.
..............................................::......................;.....................:........,....................
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..... `tErR TO DATE :: ATT'D ; ATT`D = TNIS :: 2: 2 2.: 2 5 3
...........................................................................:.................................;....... . .
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CITY OF MENDOTA HEIGHTS
MEMO
, December 9, 1987
. �
TO: Mayor, City Council and City A��i. trator
FROM: ; James E. Danielson
� Public Works Director
SUBJECT: The Ponds of Mendota Heights - Wetlands Permit
; Case No. 87-38
DISCUSSION•
The Developer of The Ponds of Mendota Heights, Mr. Mike
Kurtz,: visited the City Planner to discuss obtaining a wetlands
permit for Lot 7, Block 1 of his subdivision. He had developed a
site plan, using the plat�drawing and�showed a house location
within 97± feet of the pond. Using this drawing�the encroachment,
if there was any, would have been *3� and only at one small corner
of the house. Staff told him that it was such a close call that
we would not waste the City's time and his time and that we would
give him the benefit of the doubt and not make him obtain a
wetlands permit.
}
The builder who Mr. Kurtz sold the lot to, then obtained a
certificate of survey from a different surveyor than from the one
who did the plat and this new certificate showed the home within
84 feet of the pond (still with one small point of the home
intersecting with a point of the pond). Staff feels that this now
reduces the doubt to a point where a wetlands permit should be
considered. The time of the year is to such a critical point for
construction that we told the builder that we would not run his
application through Planning Commission and City Council and delay
his start until January (he told us he would have to back out of
the deal if we did). '
RECOMMENDATION:
Staff recommends that Council in
development waive the requirement for
requirements for Planning Commission
permit.
ACTION. REQUIRED:
the case of this minor
a public hearing and the
review and grant a wetlands
If Council desires to implement the staff recommendation they
should pass a motion waiving the requirement for a public hearing
and Planning Commission review and grant a permit to construct a
home on Lot 7, Block 1, The Ponds of Mendota Heights according to
the site plan submitted, dated 11-17-87.
1
SUR1iEYC3R'S CERTIFIGATE RELIAB�E NOMES
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PLANNERS / ENGINEERS ! SURtIEYORS
9A01 JAMES AVE. S. + BLOOMINQTON, MN. 55431 • 812-68d-3029
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�:'• •` '! . Case No. a 7� 3 a
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�� �'� .' ��, j; , j+' , C ITY OF MENDOTA HEIGHTS
� ' � & �E;�,!i;. DAKOTA COUNTY, MINNESOTA � '
, � . � �,;, s:.. ,�.. . ,
+ °�v., .
'�`' � ��� � + '� � APPLICATION FOR CONSIDERATION �
��'1+, � ' �� ( F' �, _. , OF
t � � ' . � � � . _ .
PLANNING REQUEST
,',, �5,�,
��f � � � j, ���f;, � � � - � Date of Applicatio �/-�.L l ��
i �, k. .��'� ' � Fee Paid �-- ���'
,,
,.�� , Applicant � � //� , /� , ,
, , V l/�/► �� .
� . � , • Name : � � � ��
;' ' , r 'j'°�' Last First � Initial _
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� ' ' Address: � �
'� 1 .;��e�.:; �;�, i Number & Street City State Zip
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�: � . � � Telephone Number: `� `a 3 �J�� U
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Name : l�.r � 2 � V��l l�.� ,
'' ' " ! ' Last First Initial
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`; Address:
,. ."�� Number & Street City State Zip
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Street Location of Property in Question: �
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Legai Description of Property:
,•� �Gyc 1'O J�c�t S��C N C� 0��
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Type of Request:
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{, ``'•
Rezoni.ng '
Variance ' '
Conditional Use Permit
Conditional Use Permit for�P.U.D. �
Minor.Conditional Use Permit' �
Subdivision Approval �
� Plan Approval
' �(' Wetlands Permit
� Other +
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CITY OF MENDOTA HEIGHTS
MEMO
December 11, 1987
/
TO: Mayor, City Council and City in�a r
FROM: James E. Danielson
Public Works Director
SUBJECT: Kladis lst Addition - Final PLat
DISCUSSION:
Council approved the preliminary plat for Kladis lst Addition
at their September l, 1987 meeting. Mr. Kladis has now submitted
the final plat for approval.
RECOMMENDATION: '
Staff recommends approval of the Kladis lst Addition plat sub-
ject to receipt of the $1,800 park fee.
ACTION REQUIRED:
If Council desires to implement the staff recommendation they
should pass a motion adopting Resolution No. 87- , RESOLUTION
APPROVING FINAL PLAT FOR KLADIS 1ST ADDITION.
CITY OF MENDQTA HEIGHTS
DAKCITA COt3NTY, MINNESO'i'A
RESGILUTTON N0. 87-
RES4I,UTIOi3 APPROVING FINAL Pi,AT FOR KI,ADIS 1ST ADDITTON
WHEREAS, a final plat for Kladis lst Addition has been submi.tted
to �he Council; and
WHEREAS, the City Gouncil has reviewed said final plat, �
NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the
City of Mendo�a Iieights, Minnesatar as fa3.lows;
l. fihat the final plat af Kladis lst Additian submitted at this
meeting be and the same is hereby approved subject to the
following condition: �
a. Payment of Park Dedica�ion.
2. That the appropriate Ci.ty officials be and they are hereby
authorized to execute �.he �inal plat on behalf af the City
of Mendota Heights.
Adopted by the City Counci7. of the City�of Mendata Heights this 1.5th
day of December, 1987. ,
, CITY GOUNCIL t
CITY C?F MENDOTA HETGHTS '
By
Charles E. Merten�otta, Mayor
ATTEST:
Kathleen M. Swanson, City Clerk
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CITY OF MENDOTA HEIGHTS
MEMO
December 11, 2987
TO: Mayor, City Council and City Administrator
FROM: Kathleen M. Swanson, City C1erk
SU&7ECT: Delinquent Sewer Billings
DISCUSSION
The attached resolutian asking to certify delinquent
sewer accounts is forty-six names lang and totals nearl�
$6,990. While the volume may seem very high, delinquency
letters were sent an 130 utility accounts a manth ago;
roughly 83 accounts have been made current and several of
those still remaining on the list have cantacted us to
promise payment be£ore certificati.on.
Although the delinquency list ineludes all of the
�"perennials," there are several accounts which have never
been past due. We anticipate that perhaps as many as five of
the accaunts will be c].eared, and if so, there wiJ.l be an
amended version of the resalutian available on Tuesday.
ACTION REQUIRED
IE there are no amendments necessary, Council should
� apprave the attached Resolutian Na. 8'7- "Resolution
Certifying Dela.nquent Sanitary Sewer Rental Charges to the
Dakota Caunty Auditor �ar Collection With Real Es�.ate Taxes.�t
KMS:kkb
CITY OF MENDOTA HEIGHTS
Dakota County, Minnesota
RESOLUTION NO. 87-
RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL
CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION
WITH REAL ESTATE TAXES
WHEREAS, under the provisions of Ordinance No. 803 adopted by,the City
Council of Mendota Heights on August 6, 1974, it is provided that if sewer
rental charges due the City for the use of the City's sanitary sewer system
are not paid within thirty (30) days after the mailing of a statement
therefore, the same shall be collected and the collection thereof enforced
in the same manner in�all respects as county and state real estate taxes
subject to�like penalty, costs and interest charges, and
WHEREAS, the City Clerk has advised the City Council that the total
sewer rental charges due the City as of December 17, 1987, for sanitary,
sewer service furnished the properties hereinafter described situated within
the City have not been paid, and
WHEREAS, the City Clerk has further advised the City Council that a
written statement for said sewer rental charges due the City as of December
17, 1987, has been sent to the last known owner of said properties and that
more than thirty (30) days have elapsed since the mailing of said statement,
and
WHEREAS, said properties are all situated in the City,of Mendota
Heights in Dakota County, Minnesota and the legal description of said
properties,' the name and address of the last known owner thereof, and the
total amount of sanitary sewer rental charges due for each of said parcels
through December 17, 1987, are more particularly described as follows:
Name and Address
Judi Hanson
522 West Annapolis
Bernard Abramson
688 Arcadia Drive
Paul M. Esch
776 Bachelor Avenue
Dean Fagen
1089 Bwana Court
Legal Description
27-57500-030-01
27-37600-040-05
27-71102-060-03
27-44955-070-01
Total Amount
$102.00
102.80
134.10
103.80
Robert J. Emery
1183 Dodd Road
Carl Seivers
955 Douglas Road
Bevan Marvy
970 Douglas Road
Gec�rge Mikrut
1823 Faro Lane
Gary Kopp �
1846 Faro Lane
Mr. and Mrs. Zapata
536 Fremont Avenue
Neil Baker
680 5outh F'reeway Road
Thomas Sirek
1219 Highway 110
Gael Forsman
620 Ivy Falls Avenue
James iiahn
1.132 Ivy Hill Drive
Resident
1147 Ivy Hill Drive
H. Sl.obof
1016 James Court
Lewis Blustin
1685 Lilac Lane
Paul Richtman
1670 Mayiiel.d Heights Raad
Wm. Tumine�ly
1400 Medora Road .
Eugene Engel.mann
1779 Overlook Lane
Henry Abramowicz
1053 Overlook Road
Roy Henderson
1495 Overlaok Road
27-03800-Q20-13
27-764Q0-071-02
27-7640Q-050-02
27-�4950-050-02
27-44950-110-p2
27-57500-110-Q2
27-38600-070-Q4
27-15600-012-04
2'7-13350-027-00
27-17850-530-00
27-17850-460-00
2'7-76402-190-03
z�-��aoo-�.aa-o2
2?-02300-484-52
27-37675-010-03
27-32800-040-02
27-32$00-080-01
2?-328Q0-410-01
136.50
62,80
135.60
loa.ao
264.60
102.00
102.00
394.04
2?9,20
229.00
54.00
258.40
161.80
54.00
a��..2a
254.Q1
341.40
215,20
�
Jack Gohl
924 Rae Court
Ramedo J. Saucedo
525 Simard Street
Milton Nichols
1794 Summit Lane
A.J. Mathe
1722 Sutton Lane
Lee E. Hannah
1738 Sutton Lane
Richard Dunst
645 Third Avenue
N.T. Krebsbach
1832 Twin Circle Drive
C. Lange
779 Upper Colonial Drive
Jody Annestad
1824 Victoria Road
Walter Bonfe
1875 Walsh Lane
V. Christoffersen
800 Wentworth Avenue West
Michael Coonan
2237 Apache Street
Steven Baker
2163 Aztec Lane
James Farnsworth
1090 Cullen Street
Robert Reynolds
2305 Dodd Road
I. Kanevsky
750 Keokuk Lane
Leo Christianson
731 Mohican Lane
Mrs. D. Anderson
751 Mohican Lane
�
27-71275-180-02
27-31300-050-01
27-16500-010-01
27-71102-050-03
27-70900-030-03
27-69703-130-03
27-44955-160-01
27-17150-140-06
27-02600-020-05
27-8300-130-01
27-03800-060-36
27-27800-090-07
27-2800-110-04
27-19150-130-0
27-64600-140-02
27-27800-060-18
27-27800-300-22
27-27800-190-19
197.70
61.00
153.60
96.50
180.60
205.90
129.60
50.00
138.60
248.30
66.30
110.40
118.50
102.00
65.00
71.60
123.60
117.00
Terry O'Rourke
714 Pontiac Place
Jerome Peterson
2Q56 Theresa Street
. ,
John J. Liska
216fl Timmy Street
William Ya3e
2165 Timmy Street
Mark Sterling
810 Wagon Wheel Trail
Gerald Neisan
894 Wagan Wheel Trail
27-27800-030-15
27-191Q0-220-03
2i-191.50-260-Od
27-45600-020--00
2'7-45300-150-00
1p7.31
a�$.sa
121.10
258.90
108.60
102.Q0
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Iieights, Minnesata as follows:
t
1) That the total of said sanitary sewer rental charges set forth
above is hereby adopted and confirmed as the praper unpaid sanitary
sewer rental charges due far the above de�cribed properties through
December 17, 1987, for each of said lots, pieces and parcels of
Iand respectively, and the current charge against each such parcel
of land shall be a lien cancurrent with general taxes upan suah
parcels and all. thereof ,
2) That the total amount af said sanitary sewer rental charges shall
be payable with general taxes for the year 1987 collectible in 1988
(naw designated by Statute as real estate taxes payable in 1�88).
3) That the City Clerk shall prepare and transmit to the County
Auditor a certified copy of this resolution with t�he request that
each of said amounts shall be extended upan the praper tax lists of
the county to be thereafter collected in the manner provi.ded by
law.
4) That a$25.00 service charge will be added to each delinquent sewer
account in accordance with Ordinance Na. 157 amending Ordinance No.
803. �
Adopted by the City Council of the Gity of Mendota Heights thi� ISth day of
December, 1987. _
CITY COUNCIL
CITY OF MENDQTA HEIGiiTS
By
C ar es E. Mer ensa o
Mayor
ATTEST:
Kathleen M. Swanson
C�.ty Clerk
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCSL
QN DECEMBER 25, 19$7
Excavatina License:
Ralphs Plumbing & Heating
General Con�ractors Licenses:
Klemmensen Builders, Inc.
McGaugh Construction Company, Inc.
Sap2etal Construction
Western Cedar/North Face
0
�
CITY OF MENDOTA HEIGHTS
MEMO
December 11, 1987
i
TO: Mayor, City Council and ' yG����f�s'trator
FROM:� Shirley Shannon, Accountant
SUBJECT: December 15, 1987 List of Claims
i
Since this is the last meeting in 1987, I would like to
include as many 1987 ex�enditures as possible in this report.
Therefore, the claims list will be available in the add-on
agenda on Tuesday evening.
;
;
SS:madlr
�
�
;
MEMO
CITY OF MENDOTA HEIGHTS
December 9, 1987
To: � Mayor and City Council
From:� Kevin Fra 1�C�y Administrator
� J���
Re: � Comprehensive Land Use Designation on School Forest
, Property
I
INTRODUCTION
At th� meeting of November 19th, Council approved a
Comprehensive Land Use Plan designation change for the
portion of the School Forest property being sold by School
District 197. At the meetinc� of December 1st,
representatives of the District appeared to question Council
action, and whether it had affected the value of the
prope"rty. The matter is scheduled for further discussion
this evening. .
BACKGROUND
The property in question (some 46+ acres) was previously
shown'as School (S) and Low-Density Residential (LR). The
underlying zoning is R-1, single-family homes on 15,000 sq.
ft. lots, or whatever conditional uses may be allowed by the
ordinance. A significant amount of the property, roughly 25�
is wetlands.
With the understanding the District no longer wished to hold
the property for a school, and was in the process offering it
for sale, Council voted on November 19th to change the
designation to LR. However, Council also directed that some
additional restrictive language be included:
Councilmember Blesener moved to revise the Southeast
Area Com�rehensive Plan Amendment to reflect a change
designation of the School Forest site from Park to
School and from School to LR and to provide language in
the Comprehensive Plan amendment that allows onl
single familv residential development without transfer
of densitv - free-standina homes on 15�000 square foot
lots without use of water in the calculation of density.
Staff!prepared a Comprehensive Plan amendment incorporating
all of the Southeast Area changes, and submitted it to the
Metropolitan Council on November 24th. The subject property
�. was labelled LR-Restricted, and the Comprehensive Plan
1
language regarding the praperty i� attached. In discussing
the issue at the December 1st meeting, Council indicated that
its intent is to a11ow only single-family homes an lots that
each have at least 15,040 sq. ft. of land autside the water
area.
School District 197 has recently received bid� on the
praperty, and is concerned as to whether the above ,
restrictian may have reduced the value af the land. They are
also cancerned that they were not given prior notice that the
City was contemplating this type of change.
The high bidder on the land is Marvin Andersan homes, and�
their offer is contingent on being able to plat 75 single
family lots on th� praperty. City staff and Planner met with
them on December 7th, to review the concept. The initial
plan looked "tight" with many of the lats apparently having
le�s than 15,000 s�. �t. above water. They have prepared a
secand concept, wh�ch is attached for your infarmation.
Anderson representatives indicated that they anticipate homes
of a quality and value similar to Copperfield.
The fundamental c�uestion seems to be whether, by
incorporating thls special re5trictive language in the
Comprehensive Plan, the School Forest property has been •
treated diiferently from ather property in the City, or the
awner has been deprived of some prapert� rights that it
would otherwise en�o� under the R-1 zaning designatian.
Answering this questian requires a loak at the City Cade, and
at past precedent in ather developments. �
CITY CODE PROVISIONS
Section 7 af the Zoning Cade sets forth the requirements for
an R-1 District, which is single-family homes on 15,000 sq.
ft. m�nimum lots, pius set back restrictions. This section
of the code is silent as to whether a portion of that
required sqtxare footage can be wetlands. '•
There are two sections of the Code that deal with density�
transfer from water areas. The first is Sectian 7 0� �
Ordinance 301, the Subdivision Ordinance (see at�ached).
This provision allows far public dedication�of '
environmentally sensitive areas, and in exchange, allows for
the transfer oi density from the dedicated area. The second
relevant pravision is the PUD ordinance, Section 19 af the
Zoning Code, Ordinance 401. While the PUD section of the'
ordinance does not specifically reference wetlands, it grants
general latitude to the Council and Planning Cammissian to
allow variances from �trict application af zoning
regulations, �or the purpose af promoting more pleasing
develapments '"and to preserve the natural and scenic
qualities for open areas." These two ordinance provisions
2
combined have been used by the City to allow water area
density transfer, i.e. Somerset 19.
I think the im�ortan��point to remember about both of these
ordinance provisions is that they are discretionarv. In
other�words, it is.up to the Council and Planning Cammi�sion
ta decide whether it is in the public interest to apply them
to a particular parcel a� property. They are na� a right o�
entitlement to the property awner. .
�
In my`opinion, what Cauncil did on November 19th, in placing
the restrictive language in �he Comprehensive Plan ior �he
Schaol Forest site, was to make a determination t�up frant"
that it•would not be appropriate to grant such a
discretionary vara.ance from the �oning code for the subject
property. '
1
TREATMENT OF SIMTLAR PROPERTIES
The questian has been raised as to whether we are treating
the School. Farest property da.fferently than we �reated
Copperfieldr iiampshire Estates, and Warrior.Pand, three
recent developments that employed the PUD provision of the
zoning ordinance.' ,
The Warriar Pond project had no lots with less than 15,000
sq. ft. a�' dry land.
�
The Capperfield development, Phases I, II, and III, had two
of its approximately 185 lats with less than 15,000 sq. ft.
o£ dry land; the smallest was 14,580. Averaae lot size in
Copperfie3d was in excess o� 18r000 sg. ft.
Hampshire Estates has four lots at less than 15,000 sq. ft.
dry land; the smallest zs 14,0�0. Again, the averaae lot
size in the entire develapment was in excess of 15,q00 sq.
ft.
AC2'ION REQUIRED
To discuss with representatives of School District 197 and
Marvin Anderson Homes implications and effects af the Council
decision to p].ace this re�trictive language in the
Comprehensive Plan amendment.
3
�
Southeast AreaJ Comprehensive Plan Amendment 4
LR-II' Law Density Residential (2 units/�cre)
The LR-It areas are intended far singie family homes at a relatively !ow
density. This designatIon is between the existing LR Law Density
Residential and RR Rural ResidentIal in intensity. ,
The developments shauld work with the natura! features of the land in
: the placement of the lots and the homes should emphasize quality design
and materlals. '
The overall de�sIty is gulded for two unitsJacre. The specific density �
and develapment standards wi!! be outlined in the Zoning Ordinance, under
the R-1C �istrict. .
LR-Restricted Low Density Residentia! ,(2.32 units/acre)
The LR-Restricted. areas �re intended for detached single family homes et
standard city density. These areas serve as a buffer hetween existing
single family neighborhoods to the narth and pianned mutti-family aress
to the south.
Development shouid work wlth the natural feaiures af the land snd the
placement of the lots and the homes shoutd emphasize quality design and
materials. The overall density is guided at 2.32 units per acre. . The
' specific density and de�elapment standards will be as outlined in the
City's Zoning Urdinance under the R-1 distrtet. ,
DeveEapments In the �R-Restricted area shall nat be eligible for use or
density trensfer variances under the City's PUD ordinance, ar for �use of
water area in calculatian of allawable densitles.
0
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f SFCTION 7 DEVELOPMENT RIGHTS TRANSFER
As dediclti�n of stPep slopes, drainage ways, and wetlands may suhstintiall.y
reduce the tota�. number of lots platted within a development, the City Council
may cansider the transfer of deveiapment rights from that area which is to b�:
dedicat�d, to an abutting developable area within the same pZai:. The Ci.ty
Couneil,may consic3er the transfer of develc�pment rights when the £ollowin7
conditions exa.st:
�
I
7.1 The need for dedication o�' saic3 envirc?nmentally sa.gnificant physical
featureG is greater. than can be accommodated throu�h the public (park
and open space) dedicati.on requirements c�f this Ordinance.
i
7.2 The area fram which the development r.ights havp been tr.ans�erred is
permanently deed restric�ed to allow no development of. commercial,
industri_a:E ar residentS.al structures, where the c�eed is helc� by an
of£icially xecognized Homeowners Asso�iata.on.
7.3 The propnsed development must conform to the approX�riate parking
restr:i.ctions as,outlined in the Mendota Heights Zoning Ordinance.
7.4 Ti�e prapased development must conform to the estalalished pennitted
or conditional uses of the appropriate zoning district for which the
pro�er�.y is so �esi.gnated. .
r�.., � �� �
�
MEMO
, CITY OF MENDOTA HEIGHTS
, December 11, 1987
To: Mayor and City Council
From: Kevin FrazJ' `�y Administrator
Re: ,Case No. 87-24, Centex Homes, Kensington Planned Unit
� Development
INTRODUCTION
At the meeting of December 1st, Council-opened the public
hearing on the application of Centex Homes for sketch plan
approval, rezoning, conditional use permit for Planned Unit
Development, and preliminary plat on their proposed
development of 500 multi-family units in Southeast Mendota
Heights. However, Council declined to take action because
Metropolitan Council approval to implement the Southeast Area
Comprehensive Plan amendment had not yet been received. The
hearing was continued to 8:00 p.m. December 15th.
Metro�olitan Council approval has now been received, and
Council can proceed to take the remaining actions necessary
to implement the Kensington plan. A new issue of
metropolitan significance review has arisen during the past
week, and is discussed below. Also discussed are the
attached implementing documents which have been prepared by
City staff and legal counsel.
METROPOLITAN COUNCIL APPROVAL
Attached is the letter from Metropolitan Council Chair Steve
Keefe�notifying the City that the Southeast Area plan
amendment has been determined to have no potential impact
upon a regional system plan, and that we may place the
amendment into effect. Hallelujah!! � �
A more complete staff report discussing the details of this
finding is being presented to the Metropolitan and Community
Development Committee, and the full Metropolitan Council next
Thursday. We should receive a copy of that report in
Monday's mail, and I will provide a copy at the meeting
Tuesday evening. I understand that the only "red flag"
raised is to encourage us to work with Eagan in monitoring
the capacity of the Dodd/494 interchange. The aviation staff
plans to strongly commend us for our efforts to promote land
uses and restrictions that address the aircraft noise issue.
1
METROPOLITAN S�GNIFICANCE REVTEW
Last Monday evenin�, the Sunfish Lake City Council passed a
resalutian requestZng that the Metropolitan Council conduat a
metropolitan s�gni�icance review af the develapment plan. A
copy o� the resolution is attached.
,
Metropolitan significance is a proces� far raising issue��of
impact on regional system� �i.e, airparts, freeways, sewers,
etc.), or an land uses in communities other than the situs
local government. It is a rather detailed and somewhat �
legalistic procedure that potentially invo3ves public ,
hearings, the introduction of evidence, etc. The practical
effect of a full-blown significance revlew is a 90-day
suspension of site alteration during the review, and at worst
a pro�ect suspension of up to one year to resolve the �
negative impacts. The Metrapalitan Council has never invaked
the one year suspensian provision, even an projects as large
as the Mall of America. Ratherr the Cauncil usually prefers
to operate in a mediator role. ;
The Sunfish Lake resolution raises two patential impacts af
metropolitan significance as defined in �he rules and
regula�ians. The first, referred to on page 2 as MC �A4 '
concerns traf�ic impacts on a regional system. The ��
Metropolitan Council has already addressed regional �ystem
impacts in its review of'our Comprehensive Plan amendment,'
and found no impact. Therefore, this issue cannat be raised
anew under the metropolitan significance process. ;
The second assertion raised in the resolution, and referenced
to 8ectian MC 2B, concerns the general belief that our Plan
amendment and development project will create pressures to
rezone land in Sunfish Laker as well as affect..property
values and the quality of life in that cammunity. The
Metropolitan Council staf�'s reaction to this assertion is
that it is awfully vague and nebulaus, and would not, in ;
it�elf, likely lead to the initiation of the significance.
review prooess. '
Nothwithstanding a11 of.the above, the Council staff has ;
also determined that the 5unfish Lake resolu�ion is an �
incomplete submission; in that the assertions are not
adequa�ely backed u� with substantiating evidence. �
Therefare, they believe the Chair will decline to initiate
the review procesS. They did indicate that he will likely
offer to host a meeting af the two mayars ta discuss the
issue. If, after that meeting, Sunfish Lake wished to pursue
its request for signficance review, it wauld have to submit
the required substantiating �vidence.
At this point in time, the application for signiiicance
review by Sunfish Lake does not in any way preclude Council
fram proceeding ta act on the planning application before it.
E
IMPLEMENTING DOCUMENTS
The Kensington project is our first experience to rezone land
under the new, special PUD procedures which were incorporated
into the zoning Qrdinance by Council on December 1st. Staff
and legal counsel have prepared a series of documents
(attached), which will have the effect of implementing both
the overall concept approval for the whole 500 unit
Kensington project (Plan B), as well as accomplish rezoning
and platting for Phase I, consisting of 136 units. Among
other issues, the documents address the sale of the land to
the City for the community recreation complex for an agreed
upon sum of $750,000.
The documents are as follows:
� •
1. A'resolution giving sketch plan approval for the entire
Kensington PUD pro�ect. This resolution sets forth the
findings required in the new ordinance for approving
this type of development. It also references and adopts
an attached develo�er's agreement, covering issues
germane to the entire PUD, including park dedication and
sale of park property to the City., •
2. Two ordinances rezoning the propertx for Phase I from R-1
to HR-PUD and MR-PUD, consistent with the land use
designations in the Comprehensive Plan. Council
adoption of these ordinances should be contingent upon
execution of the developer's agreement discussed below
as No. 3.
3. A developer's agreement setting forth the detailed
agreements between the City and the developer for Phase
I. This agreement provides for developer construction
of the �ublic improvements (as has been done in
Copperfield and Hampshire Estates), along with
addressing other issues of general and usual concern to
the City.
4. A resolution approving a conditional use permit for a
Planned Unit Development for Phase I.
ENVIRONMENTAL ASSESSMENT WORKSHEET
The public comment period for the Environmental Assessment
Worksheet (EAW) does not close until December 30, 1987. The
Metropolitan Council has indicated that it will not have any
substantive comments. However, Council will need to make all
other actions on this item this evening contingent on a
finding of negative declaration for an Environmental Impact
Statement, and reserving the right to incorporate mitigation
measures that arise as a result of the Environmental
Assessment Worksheet review.
3
ACTTON REQUIRED
Council should reopen the public hearing at 8:00 p.m. aMd
receive any public camments afiered. If, after that hearing,
Cauncil wishes ta praceed with the Kensington Sketch Plan and
Phase I approvals it should take the following actians:
1. Pass a motion indicating that all following aations on
the Centex Homes, Kensington multi-family residential
project are cantingent an a finding af negative
declaratian for an Environmental Impact Statement, and
on reserving the right to incorporate mi�i�ation
measures that arise as a result of the Environmentai
Assessment Worksheet review.
2. Pass a mation adopting Resolution 87-1��, A RESOLUTION
GIVING SKETCH PLAN APPROVAL TO CASE 87-24, KENSINGTON
MULTI-FAMILY RESIDENTTAL PLANNED UNIT DEVELOPMENT.
3. Pass motions adapting ordinances No, 246 and 246,
Ordinances Amending Ordinance No. 401.
4. Pass a motion adopting Resolution 87-12ji, A RESOLUTION
APPR4VING A CONDITIONAL USE PERMIT FQR PLANNED UNIT
DEVELOPMENT FOR CASE 87-24, KENSINGTON PHASE I.
5. Pass a motion adapting the developer's agreement between
the City of Mendota Heights and Centex Homes, Inc. for
construction af Kensington Plannsd Unit Develapmentf
Phase I.
6. Pass a motion approving the preliminary plat for
Case 87-24, Kensingtan Planned Unit Development, Phase
I.
4
?�'trv crrt�
Deeemb�r i0, 1987
Kevin F'razell, Administrator
Gity of` Nlendata Heights
750 S. Pla2a Dr.
Menda�a Fieights, MN 55i20
RE: Ci.ty of Mer�dota Hei�hts '
Comprehensive Plan Amendment Review
Southeast Area Plan i
Metrapolitan Counei2 Distrie� 'f5
Metropolitan Couneil Reierral No. 11666-9
Dear Mr. Frazell:
Metropolitan Council
30Q Metro Square Buiiding
Seventh and Roberf Streets
St. Paul, Minnesota 55101
Telephane (b12) 291-f,359
The Metropolitan Council ataff has reviewed Mendota Heightst proposed
comprehensive plan amendment received by the Council on November 2�, 19$7. We
have determined that the proposed amendment has no gotential impaet upon any of
the metropalitan system plans. The city may place the amendment into effeet at
any t3.me . , .
Cauneil staff has alsa eomp].eted a review af the apparent consisteney af the
praposed amendment with ather adopted chapters of tlae Metropol3.tan Develop�nent
Guide and will farward its comments under separate caver. The Metrapalitan and
Cammunity Develo�ent Committee wi1.I consider these eomments at its meeting on
December 17, 1987. '
If you have any questions� please con�aet Barbara Sennessa Council staff� at
291-6�i19, wha is the prineiga2 reviewer for this amendmerzt.
SineerelY,
s��
Steve Keefe
Chair
SK:ms
Enclosure
ce: Mary Martin, Metropolitan Council District No. 15
John Rutfard, Metropolitan Couneil StafF
Harbara Senness� Metropo],itan Council Staff
An Ec�ual Opf�oriunity Empioyer
� MEl'R4POLI�AN COUNCIL `
DEC 0 f' 1�87
�
RESOLUTION OF TNE CITY OF SUNFISH LAKE
CHAIRPdAN'S dFFIC�
REQUESTING METROPOlITAN SIGNIF'ICANCE REVIEW
WHEREAS:
OF ANTIGiPATED IMPACTS OF TNE PROPOSED CHANGES IN TNE
COMPRENENSIVE PLAN OF THE CITY OF MENqOTA NEIGNTS
A. The City af Mendota Neights has proposed to amend its
Comprehensive Plan so as to change permitted uses in a large partion
of the Sautheast area of Mendata�Heights immediately adjacent to the
City of Sunfish Lake frQm low-density, single-family housing to
medium-density and high-density, muiti-family housing;
B. A developer has presented a plan now under consideration
by the City of Mendata Heights to build hi4h-densitv, multi-family
units in both the areas prapased by Mendata Heights ta be medium-
density and high-density, multi-family housing areas; and
. C. It is believed that the prapased Comprehensiva Flan
Amendments will have adverse impacts an land use in the City af : �
Sur►fish Lake, a11 as more fully set forth herein.�
fal l ows :
NOW THEREFORE BE Ii' RESOLVED by ihe City of Sunfish Lake as
l. In accordance with MC 5 of the Rules��and ReQulations for
the Review af Matters All��ed to be af Metrovolitan Si�nificance of the
Metropolitan Cauncil, (hereinafter the "Rules and Regulations"), this
Council hereby adapts this Resolution requesting the Metrapalitan
Council to undertake a Metropolitan Significance Review af the proposed
Comprehensive Pian Amendments by the city of Mendota Heights.
1
2. In compliance with MC 5B of the Rules and Regulations,
this Cauncil advises as follows:
a. The name and address of the initiator of this
metropolitan significance review request is the City of
Sunfish �ake, Minnesota whose mailing address is: cjo the
Honorable Duncan H. Baird, 2144 Charlton Raad, Si. Paul,
Minnesota 551i8.'
b. A descriptian of the proposed Comprehensive Pian
Amendments is contained in an EAW and in a City of Mendota
Heights request for Approval of said Comprehensive Plan �
Amendments, both af which are already in the possession of
the Metropolitan Council.
c. This Council alleges th.at ihose standards contained
in MC 2, which it believes to be of inetrapolitan
significance are thase set farth in MC 2A4, and MC 28. The
Council does not believe that the exemptions described in MC
3 and 4 do appiy�in this case. '
3. In compliance with MC 5B4 af the Rules and Regulations
ihis Cauncil hereby finds that the metropolitan systems effects, among
others, of the proposed Comprehensive Plan Amendments are as'fallaws:
a, The iand in Sunfish Lake adjacent to the site is
all residentially zoned and if the Comprehensive Plan
Amendments are approved and implemented by the Gi�y of
Mendata Heights there will be pressure to re-zone and revise
the Sunfish Lake Comprehensive Plan and zaning ardinances in
ways which the Council finds are detrimentai ta the health,
E
, fi
safety and we�fare of the city of Sunfish Lake and its
residents.
b. Such praposed Camprehensive Plan changes will
adversely affect the value of property in Sunfish Lake and
adverseiy affect the quality of life of those residents af
the city who already have dwellings proximate to the area.
c. Based upan ihe fioregoing the City Cauncii af the
City af Sunfish Lake hereby requests that a Metropalitan
5ignificance Review be initiated and to facilitate that
action this resaluiion is hereby adopted.
Adopted the seventh day of December, 1987.
K?
CITY QF UNFISN LAKE _
By vu.1 �. / l,�
Its Mayor `
S
CITY OF MENDOTA HEIGHT5
DAKOTA COUNTY, MINNESOTA
RESOLUTION 87-1�0
RESOLUTION GIVING SKETCH PLAN APPROVAL TO CASE NO. 87-24
KENSINGTON MULTIFAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT
Whereas, Centex Homes,jInc. has proposed a planned unit
development multifamily housing project of 500 units in the
southeast area of the City of Mendota Heights; and
i
Whereas, the Planning Commission has reviewd said
proposal, and recommended its adoption by the City Council;
and �
Whereas, the City Council makes the following findings
with regard to the proposal: '
1. The proposal is consistent with the goals, intent,
' and purposes of Comprehensive Land Use Plan of the
commun ity : .
a) To provide a diversity of housing types within
the multifamily residential areas of the
Southeast Area.
b) To encourage development which will be sensitive
to the natural beauty and terrain of the
Southeast Area.
c) To encourage development at an appropriate scale
for the area. ,
d) To encourage development which provides the
opportunity for property ownership by its
residents, this being recognized as beneficial to
the community as a whole.
2. The proposal is consistent with the goals, intent,
purposes, and planned unit development provisions
of the City's zoning ordinance:
a) The proposal is consistent with the Comprehensive
• Plan of the community.
�
�
b) The prapasal is an ef�ective and unified .
treatment of the development possibilities on
the project site and the develapment plan
provisions for the preservation of unique natural
amenities.
c) The project can be planned and developed to
harmonize with any existing and proposed
development in the areas surrounding the project
site.
d) The project has density in acaardance with the
City's comprehensive Plan and Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED by the City Council o� the
City ai Mendota Heights, that Case 87-24, Centex Homes Inc.
praposal for the Kensington planned unit development is :
hereby given sketch plan concept approval as shown an
drawings dated , and subjeat ta the execution of
the developers agreement attached and made a part hereof; and
BE IT FURTHER RESOLVED that the developer's agreement
attached hereto, and entitled �
is hereby appraved and authorized for execution by the Mayor
and City Administrator, . •
Adapted by the City Cauncil of the City af Mendota Heights
this 15th day of December, 1987.
CITY COUNCIL .
CITY OF MEND4TA HEiGHTS �
By
Charles E. Mertensotto, Mayor
ATTEST:
�
Kathleen M. Swansan
City C1erk
�
CITY �F MENDOTA HEIGNTS
DAKOTA COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT FOR A PLANNED UNIT
DEV LO T T L ENT
THIS AGREEMENT, made and entered into this day of December, 1987, by
and between the Gity af Mendata Heighis, Dakota County, Minnesota
( hereinafter cal led the "City" ) and Centex Homes, ( nc. , c jo Tandem
Carparatian, 6440 Flying Ciaud Drive, Eden Prairie, Minnesota 55344
(hereinafter caiied the "Developer").
WITNESSETH:
WHEREAS, the Developer has applied to the City fior Planned Unit Devefopment
Concept approval for approximately one hundred two (102} acres, lacated north
of Interstate Highway 494, east of the Interstate Highway 494 Interchange at
Dodd Road; south of Mendota Neights Road and west of Delaware Avenue,
situated in Dakota County, State of Minnesata, and more� fully described in
Exhibit A attached hereto and made a part hereof (hereihafter calied the
"Property");
WHEREAS, the Developer proposes ta develop and maintain on the Property a
planned development consisting of five hundred (500) residential units and
approximately forty {40) acres of park land and recreational facilities in
accordance with the illustration shown on Exhibit B attached hereto and made a
part hereof {hereinafter caifed the "Kensington Planned Unit Development");
WHEREAS, the Kensington Planned Unit Develapment was reviewed and
approved, subject to certain canditions, by the City Planning Commission on
November 24, 1987;
WHEREAS, the Deveioper has agreed to fuily camply with and conform the
Kensington Planned Unit Development to the conditions specified herein; and
NOW, THEREFORE, in cansideration af the City approving the sketch plan for
the Kensingtan Planned Unit Oeveiopment,
1. Sketch Plan Approval: The City agrees to grant sketch plan approval in
accordance with City Zoning ardinance 401 for Plan B of the Kensington
Planned Unit Development as iliustrated in Exhibit B(hereinafter ca4led #he
"5ketch Pian B"}; notwithsianding #he foregoing to the contrary, approval of
Sketch Plan B shall be conditioned upon purchase of the "Community Park" (as
hereinafter defined) by the City as hereinafter set fort.h. Developer hereby
acknowledges that, upon failure of such condition, such approvai shall lapse
and be af no further farce and effect.
2. Phaseci Deve{opment: Subject to the conditians set forth herein, Developer
shall develop the Kensington Pianned Unit Develapment on a phased basis, in
generai conformance with Sketch Plan B, each phase being subJect to
preliminary and final plat approvai by the City in accardance with appiicable
ordinances. Fhase 1 of the Kensington Planned Unit Development is outiined
in red on Exhibit B. The remaining portion of the Praper-ty shall be
developed, at Developer's discretian, as one or mare separate phases.
Q'�
3. Campiiance with Qrdinances: The Developer acknowledges that Developer
is familiar with the requirements of the City Zoning Ordinance and City
Subdivision Ordinance and other appiicabie City cades and ordinances affecting
the develapment af ihe Property. The Developer acknowledges and agrees that
the preliminary and fina! plat approvals are contingent upon, arnong ather
things, each preceding phase af the Kensington Planned Unit Development
being in compliance with ai) applicabie City ordinances and City code
requirements.
Q. Area Specia! Assessmer�t: Developer agress to accept an Area Speciai
Assessment far Developer's share of the cost af constructian af Mendata
Neights Road and related 'rmpravements thereto, inc{uding, but not limited to,
paving, curb and g�tter, sidewalks, trunk water main and storm sewer, The
cost of construction of Mendota He'rghts Raad and related improvements shall be
determined by the procedures and standards of City codes, ordinances and
staie law.
5. Purchase af Cammunity Park Property. Subject to the conditions set forth
herein, the Oeveloper agrees to sell, transfer and convey to the City gaod and
marketable fee simpie title to that area designated as P-1 Park - Community
Recreation {hereinafter called "Community Park") on Exhibit B for Seven
Hundred Fifty Thousand Doliars and OOj100 {$750,000.00) in accordance with
the purchase agreement attached hereta and made a part hereof as Exhibit C
(hereinafter called the "Park Purchase Agreement"). Unless waived in writing
by the City, Developer acknowledges and agrees that the City's abligatian to
purchase the Community Park is cantingent upon the passage of a Band
Referendum by the citizens of Mendota Heights on or before June 30, 1988, for
-3-
acquisition and development of the Community Park. Notwithstanding the
above, City reserves the right to tender payment for the Community Park on
or before September 1, 1988. In addition, Developer agrees to grade the
Community Park at its cost in accordance with grading plans approved by the
City.
6. Neighborhood Park Dedication: Developer agrees to dedicate, transfer and
convey to the City, without cost to the City, that area designated as P-3
Park-Neighborhood Recreation on Exhibit B (hereinafter called the
"Neighborhood Park") upon (i) the sale of Community Park from the Developer
to the City, or (ii) if the City does not tender to the Developer the purchase
price for the Community Park on or before September 1, 1988, then upon final
plat .approval by the City of Phase II of the Kensington Planned Unit
Development.
Notwithstanding the above, should the Developer fail to receive approval of a
final plat for Phase II within eighteen .(18) months of the date of this
Agreement, Developer agrees to either: (i) dedicate an amount of land for
park and recreational purposes consistent with the City Subdivision Ordinance,
based on the total acreage of Phase I of Kensington Planned Unit Development
at a location mutually agreed upon by the Developer and the City, or (ii) if
the Developer and the City cannot mutually agree upon the location of such
dedicated park land within days after the expiration of said 18-month
period, the Developer shall immediately pay to the City the cash equivalent
park contribution, consistent with the City Subdivision Ordinance. -
-4-
0
0
7. Title ta Park Property: Priar to the dedication, sale, trar�sfer or
canveyance of any real propsrty or interest therein by th� Developer ta the
City as pravided herein, the Developer shaii deiiver to the City an opinion
addressed to the City by an attarney, and in the form acceptable ta the Cityr
as to the candition of the title of such property, or, in (ieu af a title opinion,
a tit(e insurance policy insuring interest therein and the condition of the title
of any real property ar any interest therein to be dedicated, sold, transferred
ar eanveyed as majr be pravided herein by the Developer to the City shall vest
in the City good and marketabie title therean, free and clear af any
mortgages, fiens, encumbrances or assessments.
8. Plan A Alternative: Developer and City mutually agree that should the
City fail to purchase the Cammunity Park pursuant to the Park Purchase
Agreement, the City shaU consider in good faith and in a timely manner
consider the sketch plan for that alternative Pianned Unit Developmenfi
referred ta as Plan A(hereinafter called "Sketch Plan A"), which is iilustrated
and mare fully described on Exhibit D attached hereto ar�d made a part hereof.
Notwithstanding the above, the Developer acknowledges and agrees that as of
the date hereof the City's Comprehensive Land llse Pian designates a partion
of the land submitted for development pursuant to Sketch Plan A as "PARK."
Any sketch plan approval of Sketch Plan A by the City shall be conditioned
upon, in addition to preiiminary snd fina! plat approval, amendment of the
City's Camprehensive l�and Use Plan and rezoning of the subject praperty to
compiy therewith, in the City's discretion.
��
9. Binding Effect af Agreement: The Developer acknowledges and agrees that
upan entering this Agreement, the City in no way waives its right of
approvai, both preliminary and final, of the materials and submissions required
herein, including, but nat iimited to the preliminary and final plat af .any
phase of the Kensington Planned Unit Development and the City expressly
reserves its right to deny approval of any pians, the plat and any building
permits shouid the Develaper fail ta proceed in accordance with this Agreement
and/or fa's) to perform in totai compliance with the obiigations herein.
1C?. Miscellaneous:
A. The Develaper acknowledges that the rights of the City to
performance of the obligations of the Develaper contempiated� by and
specif'red within this Agreement are special, unique, and of extraordinary ,
character, and that, in the event that the Devalaper vialates, � fails, or
refusa to perform any covenant, condition or provision made herein, City
may be without an adequate remedy of (aw. The Develaper agrees,
therefore, that in the event it via{ates, fails or refuses to perform any
�
covenant, condition or provision made herein, City may, at its aption,
institute anc{ prosecute an action to specifically en�force perfiormance of
such covenant. No remedy referred in this Agreement is inten'ded ta be
exciusive and shaii be cumulative and shall be in addition ta every other
;
remedy. The electian of any one ar more remedies sha{f not canstitute a
waiver of any other remedy. .
J .
B. Any term of this Agreement that is illegaf or unenforceable at law or
in equity shall be deemed to be void and of na force and ef#ect to the
extent necessary to bring such term within the provisions of any such
�
r.
appiicabie iaw or laws, and such terms are sa modified in the balance of
the terms of this Agreeme�t shall be enforceabie.
C. Provisions of this Agreement shaii be binding upan and enforceable
against the Developer, its successors, and its assigns af the Property
herein described.
D. The Developer shall pravide written notice to the City of the name
and address of potentiai purchaser, assignee, successor or transferee
thirty (30) days prior to any saie, conveyance or transfer of the
Property.
E. The Developer agrees that Develaper shall reimburse the City
immediately upan demand for any and all City administrative time and
labor, costs ofi consult'rng engineering services, casts of lega! services
and ather 4t1t-0�-�OC�C@!" expenses incurred by the City arising out of or
in cor�nection with this Agreement ar the enforcement thereof.
IN WITNE�S WHEREOF, Reveloper and the City have caused this Agreement to
be executed by their respective duly authorized representatives as of the date
and year first above written.
SIGNATURES FOR DEVELOPER
S{GNATURES FOR
THE ClTY OF MEND�TA HE(GHTS
By
Its N{ayor
Attest
its ity er
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
DEVEL�PER'S AGREEMENT FOR A P�AhlNED UNiT
�DEVEL G MENT
Kensington Development: Case No. 87-24
THlS AGREEMENT, made and entered into this day of December, 1987, by
and between the City of Mendota Heights, Dakota County, Minnesota
(hereinafter called the "City"'} and Centex Nomes, 4r�c., e/o Tandem
Corparation, 6440 F{ying Cioud Drive, Eden Prairie, Minnesota 55344
(hereinafter called the "Develaper").
W I T N E S S E T N:
WNERfA5, the Developer has applied ta the City for (i) Zone District Changes
fram One Family Residential (R-1) to High Density Residential - Planned Unit
Development (NR-PUD) and Medium Density Residential Planned Unit
Development (MR-PUD) and (ii} piannec{ Unit Development Concept Approval
for approximately one hundred two (102 +) acres, located narth of Interstate
Nighway 494, east of the Interstate Highway 494 Interchange at Dodd Road;
south of Mendata Heights Raad and west of Delaware Avenue, situated in
Dakata County, State af Minnesata, and more fully described in Exhibit A
aitached hereto and made a part hereof (hereinafter called the "Property");
_
WHEREAS, the Deveiaper proposes to develop on the Praperty a plar-�ned
development consisting af a five hundred (5(?0} r�esidential unit anc!
appraximately forty {44 +} acres af park land and recreationa) facilities in
accordance with the illustratian shown on Exhibit B, attached hereta and made
,
a part hereof {hereinafter cailed the "Kensingtan Planned Unit Development");
WNEREAS, the Developer has appiied to the City for prsliminary plat approval
of Phase I of the Kensington Planned Unit Development;
WNEREAS, Phase I shall consist of one hundred thirty-s,ix (136) residential
units on approximately twenfiy-twa (22 +) acres located on the west end of the
Praperty and be developed in accordance with the iilustration shawn on
Exhibit C, attached hereto and made a part hereof (hereafter called "Phase
1")
WHEREAS, Phase 1 was reviewed and approved, subject to certain conditians,
by tne City Planning Commission on November 24, 1987;
WHEREAS, Phase 1 was.. reviewed and appraved, subject to certain conditions,
by the Ci#y Council on Qecember 15, 1987;
WMEREAS, the Developer has agreed that Phase 1 shall fully camply with and
conform to the conditions specified herein; and
NOW, THEREFORE, in consideration of the City adap#ing Ordinance Nos. 246-
247, Ordinance amending the City Zoning Districts; and Reso{ution 87-121,
Resolution approving conditionai use permit far Phase 1 of Kensingtan Planned
Unit Deve{opment, the Developer covenants and agrees to develop and maintain
the Property, subject to the foliowing conditians:
�
Preiiminar� Piat Approvai:
1, The Qeveloper shall develop and maintain Phase 1 in conformance with the
Development plan received, reviewed and approved by the City Council on
December 15, 1988, anci attached hereto and made a part hereaf as Exhibit D,
st�bject ta such changes and modifications provided herein. The Developer
shall f10t LI�Y�I0�7 j construct upan or maintain Phase 1 in any other respect or
manner than pravided herein.
2. Develaper acknowiedges that pUrsuant ta the City's Zoning Qrdinance,
canstruction af Phase 1 must commence within one (1) year fram the date of
approval; unless the City Council, at its sole discretion extends the
construction period for an additional one (1) year.
3. The Developer agrees that it sha!! submit to the City for approval a
written schedule indicating the progress schedule and arder of completion af
the Phase 1.
4. Prior to the release of a fine) plat, the Developer shall submit to the Gity
for appraval five (5) copies af a development plan (1"=100' scele) showing any
existing and proposed contours, proposed streeis, and lot arrangements and
size, minimal flaor elevations of each lot, preliminary alignment and grades for
sanitary sewer, v+ratermain, and storm sewer, 1IX?-year flood plain contours,
panding areas, tributaries to catch basins, arrows showing dii•ection of storm
water flow on all lots, location af walk, trails, and any property to be deeded,
solci, conveyed or transferred to the City. Said plans are hereby made a part
af this Agx•eement.
-3-
5. Priar to the release of a final plat, the Developer shall submit ta the City
for approval, final pians for ali sanitary sewer, watermain, and starm sewer
faciiities, drainage facilities, concrete curb, gutters, sidewalks, streets, and
other miscellaneous work (hereinafter called "improvements") to be made and
constructed on or within the property ta be dedicated to the City. Said plans
are hereby made a part of this Agreement. Developer further agrees • that all
lmprovements shall be designed by a registered professionai engineer in
compliance w'rth City, State and Federal siandards. The City reserves the
exclusive right to apprave ar request modifications to the improvements. All
such fmpravements shaii be campleted by the Deveioper and shaii be free and
ciear of any (ien, claim, charge or encumbrance, including any for work, labor
or services rendered in connection therewith, materials or equipment supplied
therefore, on or before the later of two (2} years fram the date hereof. 11�74h
completion and acceptance, the Qeveloper warrants and guarantees that the
Improvements will be free from any defects of materials or workmanship far a
period of two (2) years fa}iowing said completian and accepiance. In the event
any defect in materials o# workmanship within said two year period, warranty
ar guarantee shall be a period of three (3} years foiiowing said campietian and
acceptance. Defects and materiais of workmanship shal! be determinsd by the
City. f
6. Prior ta the release of a final pEat, the Developer shal) submit to the City
far approval, final plans for grading, drainage and (andscaping (hereinafter
called "l.andscaping improvements"} of Phase 1. Said pfans are hereby made a
part of this Agreement. Developer further agrees that all Landscaping
Improvements shall be designed by a registered prafessionai engineer in
compliance with City standards. The City reserves the exclusive right to
Z�
,� approve or request modifications to the Landscaping Improvements. Ail such
l,andscaping Improvements sha11 be completed by the peveloper and shali be
free and clear pf any lien, ciaim, charge or encumbrance, including any for
wark, labor or services �rendered in connection therewith, materials or
equipment supplied therefore, on or before the fater of two (2) years from the
date hereof. Upon completion and acceptance, the Developer warrants and
guarantees that the Landscaping Improvements against any defects of materials
or workmanship for a period of two (2) years foliawing said comp4etian and
acceptance. In the event any defect in materials of workmanship within said
two year period, warranty or guarantee shail be a period of three (3} years
following said completion and acceptance. Defects and materials of
warkmanship shal! be determined by the City.
Development of Phase 1:
7. Developer agrees that, anything to the contrary herein notwithstanding,
the City of Mendota Heights City Council and its agents or employees shaii not
be personally liable or responsible in any manner to the Deveioper, the
Developer's contractors or subcontractars, materiaimen, iaborers or to any
ather persan ar persons whomsaever, for any claim, demand, damagesJ actions
or causes af action of any kind or character arising out of or by reason of the
execution of this Agreement or the performance and compietion of the work and
the improvements provided herein. The Developsr will indemnify and save the
City harmless from all such claims, demands, damages, actions or causes af
actions or the cost af disbursement, and expenses of defending the same,
specifically ineluding, without intending to limit the categories of said costs,
cost and expenses for City administrative time ar�d labor, costs af consulting
, -5-
engineering services and casts af legai services rendered in connection with
defending such claims as may be brought against the City. In addition, the '�
Developer shali aiso reimburse the City immediately upon ciemand for any and
aii City administrative time and labar costs of consulting engineering services,
costs of lega! services and other out of pocket expenses incurred by the City
arising out of or in connection with this Agreement.
$. Unti! acceptance by the Gity of any such deed of conveyance of any
improvements, the Developer shall be sale4y responsibie far all maintenance and
repa'sr of the streets and other public improvements constructed hereunder.
The City shal! be respansible for all maintenance and repair after acceptance
of seid deed(s) of canveyance. Priar to conveyence of the public
improvements to the City, the Developer shall cause warning signs to be
placed on and around such streets and ather improvement whenever any
dangerous ar hazardous condition exists an such property and shall establish
any rtecessary detour routes. If and when streets become impassable, such
streets shail be barricaded and cbsed. in the event residences are accupied
prior ta completing s#reets, the Develaper shal! maintain a smooth surface and
provide proper surface drainage. The Developer shall be responsible for
keeping streets within and withaut the subdivision swept clean o# dirt and
debris that may spill or wash onto the street from his operation. If the
streets are black-topped, the Developer may request, in writing, that the City
k�ep the streeis open during the winter manths by plowing snow from said
stree#s priar fio fina! acceptance of said streets. The Developer shali save the
City harmiess from any and all damages or injury, whether to person or
property, caused by or relating to the snow plowing operations provided by
the City prior to conveyance of titie to the pubiic improvements by the
�
Deve{aper ta the City. The pravision by the City of snow plowing service
does not in any way constitute final acceptance af the public,improvements.
9. The Deveioper covenants, warrants and agrees tF�at ail labor and work
sha11 be �done and performed in the best and mast workmanlike manner and in
strict conformance with the p#ans and specifications approved by the City. Na
construction shall begin until final plans and final plat are approved by the
City. No deviations from the approved plans and specifications shall be
permitted unless approved in writing by the City. .
10. The City sha!! not issue any building permit for the construction of any
building, structure, or improvement, on or in Phas� 1 until all conditions of
this Agreement have been satisfactorily addressed by the Developer and the
Phase 1 has been inspected and accepted by .the City. '
Conditions:
11. The Developer agrees ta construct ai) sidewalks in Phase 1 to a width of
five feet (5').
12. The Developer agrees that in addition to providing one (1} garage per
residential unit, Developer shaii pravide proo# of the availability, ta the City's
sole satisfaction, of su#ficient off-street parking spaces such thafi the total
number of parking spaces shall be equivalent to one and one-half (1.5) spaces
per residential unit (including garages as a parking space). Natwithstanding
the above Developer acknowlec#ges the City's desire for two-car garages per
_�_
residential unit and agrees to use its best effort ta market and construct
residential units with twa-car garages far each residentia! unit.
13. The Developer agrees to construct a lawn irrigation system in Phase 1.
The Developer shall submit to the City for approval plans of the lawn
irrigation system. Developer further agrees that the irrigatian system shal) be
designed by a professionai registered engineer. The City reserves the
exclusive right to approve ar request madifications to the lawn irrigation
system. The lawn irrigation system shail be completed by the Developer and
shall be free and ciear of any lien, ciaim, charge ar enct�mbrance, including
any far wark, labor or services rendered in connectian therewith, materials or
equipment supplied therefore, on or before the iatter of two (2} years fram
the date hereof. Upon compietion end acceptance, the peveloper warrants and
guarantees that the Improvements agair�st any defects of materiais or
workmanship for a period of twa {2) years fai}awing seid compietion and
acceptance. in the event any defect in materials of workmanship within said
twa year period, warranty or guarantee shall be a period of three (3) years
following said compietian and acceptance. Defects and materials of
warkmanship shai) be determined by the City.
14. Prior to release of a finai plat, the Develaper shaf{ dedicate to the City a
sixty foot (6Q'} wide right-of-way, subject to approval by the City of exact
location and legal description, for the Phase 1 roadway designated on Exhibit C
(hereinafter called "Loop Road"). Deve}aper agrees to dedicate said right-of-
way free and clear af all liens, encumbrances and mortgages.
�
15. Prior ta release of a€inal plat, Reveloper shall compiete construction of
the �oop Road.
16, Rrior ta release of a finai piat, Developer shaii dedicate, or have
�
dedicated, to the City an eighty foot (80') wide right-of-way, subject to
approval by the City of exact location and (egal description, on Mendota
Heights Road from its beginning point on the westerly border af the Property
easterly to Deiaware Ave. The Developer agrees to dedicate said right-of-way
free and ciear af aii liens, encumbrances, and mortgages.
17. The Developer agrees that all lots in Phase 1 shail have a front yard
setback of twenty five feet (25').
Binding Effect of Agreement:
18. The Developer acknawledges anci agrees that upan entering this
Agreement, the City in no way waives its right of final approva# of the
materials and submissions required herein, including, but not limited to the
final piat and th� City expressly reserves its right to deny approval af any
plans,; the final plat and any building permits shauld the Deveioper fail ta
proceed in accardance with this Agreement andior fail to, perform in total
complianee with the abligations herein.
19. The Deve(oper acknowledges that the rights af the City to performance of
the obligations of the Developer cantempiated by and speci#ied within this
Agreement are special, unique, and of extraordinary character, and that, in
the event that the Developer viplates, fails, or refuse to perform any
�
covenant, condition or provisioh made herein, City may be without an adequate
remedy of law. The Developer agrees, therefore, that in the event it violates,
faiis or refuses to perform any covenant, conditian or provision made herein,
City may, at its option, 'rnstitute and prosecute an action to specificaily
enforce performance af such covenant. No remedy referred in this Agreement
is intended to be exciusive and sha!! be cumulative and shali be in addition to
every ather rsmedy. The election of any one or mare remedies shall not
constitute a waiver of any ather remedy. ' �
20. Any term o# this Agreement that is iliegal or unenforceable at law or in
equity shall be deemed ta be vaid and of no force and effect to the extent
necessary ta bring such term within the pravisians of any such applicable law
or laws, and such terms are sa madified in the balance af the terms af this
Agreement shall be enforceabie. '
21. Provisions af this Agreement shal! be binding upon and enforceable
against the Developer, its successors, and its assigns af the Prope`rty herein
described. '
;
22. The Deve4aper shall pravide written notice to the City af the; name and
address of any potentiai purchaser, assignse, successor ar transferee thirty
�
(30} days prsor to any sale, conveyance or transfer af the Property.
23. Developer sheii reimburse the City immediately upan the demand far any
and all City administrative time and iabor costs af consuiting engineering
services, costs of legal services and other out-of-pocket expenses incurred by
�
the City arising aut of ar in connection with this Agreement or the
enforcement thereaf.
�
SIGNATURES FOR DEVEI.OPER
't
,
;
Subseribed and sworn to befare me
this � day of , 1987.
, '
atary u �c
�
' SiGNATURES F�R
THE CITY OF MEND4TA HEIGHTS
By
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNE50TA
ORDINANCE NO. 246
AN ORDINANCE AMENDING ORDINANCE NO. 401
The City Council of the City of Mendota Heights, Minnesota
ordains as follows:
Section 1. Ordinance No. 401, known and referred to as the
"Mendota Heights Zoning Ordinance," is hereby amended in the
following respects:
A. The following described property, commonly referred to
� as Kensington Planned Unit Development, Phase I,
situated�in the City of Mendota Heights in Dakota
' County, Minnesota, is hereby rezoned from an "R-1," One
Family Residential District, as the case may be, to an
"HR-PUD" high-density residential Planned Unit
� Development, to-wit:
NOTEi Legal descriptions will be available by Tuesday evening.
Staff will prepare a revised Ordinance including legal
descriptions for d'istribution with the revised meeting agenda.
�The above described property contains acres, more or
less.
Section 2. The Zoning Map of the City of Mendota Heights
referred to and described in said Ordinance No. 401 as that
certain map entitled "Zoning Map of Mendota Heights" shall not be
published to show the aforesaid rezoning, but the City Clerk
shall appropriately mark the said Zoning Map on file in the
Clerk's office for the purpose of indicating the rezoning herein-
above inabove provided for in this Ordinance, and all of the
notations, references and other information shown thereon are
hereby incorporated by reference and made a part of this
Ordinance.
5ection 3. This Ordinance shall be in full force and effect
from and after its publication according to law.
Enacted and ordained into an Ordinance this Fifteenth day of
December, 1987.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 247
AN ORDINANCE AMENDING ORDINANCE NO. 401
The City Council of the City of Mendota Heights,
Minnesota ordains as follows:
�
and referred to
hereby amended
5ection 1. Ordinance No. 401, known
the "Mendota Heights Zoning Ordinance," is
the following respects:
as
in
A. The following described property, commonly referred
to as Kensington Planned Unit Development, Phase
I, situated in the City of Mendota Heights in
Dakota County, Minnesota, is hereby rezoned from
an "R-1," One Family Residential District, as the
case may be, to an "MR-PUD" medium-density
residential Planned Unit Development, to-wit�:
NOTE: Legal descriptions will be available by
Tuesday !
evening. Staff will prepare a revised Ordinance
including legal descriptions for distribution
with the revised meeting agenda. '
The above described property contains acres, more
or less.
Section 2. The'Zoning Map of the City of Mendota;
Heights referred to arid described in said Ordinance No: 401
as that certain map entitled "Zoning Map of Mendota Heights"
shall not be published to show the aforesaid rezoning,�but
the City Clerk shall appropriately mark the said Zoning Map
on file in the Clerk's office for the purpose of indicating
the rezoning hereinabove provided for in this Ordinance, and
all of the notations, references and other information,shown
thereon are hereby incorporated by reference and made a part
of this Ordinance. i
Section 3. This Ordinance shall be in full force�and
effect from and after its publication according to law.
Enacted and ordained into an Ordinance this Fifteenth day of
December, 1987.
CITY OF MENDOTA HEIGHTS
DAK4TA COUNTYr MINNESOTA
RESOLUTION NQ. 87-12�
� RESOLUTIQN APPROVING CONDITIONAL USE PERMTT FOR
PLANNED UNIT DEVELOPMENT FOR CASE 87-24, KENSINGTON
� MULTIFAMILY PROJECT, PHASE I �
Whereas, Centex Homes, Inc. has proposed a multifamily
resi.dential planned unit development project in southeast
Mendota Heights; and
Whereas, by Resolution No. 87-12d�� the Ci�y Council has
given;averall sketch plan concept approval ta that plan; and
Whereasr Phase I of the is consistent with the approved
sketch plan; and .
Whereas, Phase I is also consistent with the
Comprehensive Land Use Plan and Zaning Ordinance of the City
of Mendata Heights.
NaW THEREFORE, BE IT RESOLVED by the Ci.ty Cauncil of the
City of Mendota Hea,ghts, that a conditional u�e permit for a
planned unit development be granted to Centex Homes to al,low
the development of 136 manor homes as shown on drawings dated
December , 1.987, subject to the following canditions:
Adopted by the City Council of the Ci�y of Mendota Heigh�s
this 15th day of December, 198'7,
� CITY COUNCIL
CITY OF MENDOTA HEIGHTS
�
By
Charles E. Mertensatta
ATTEST:
Kathleen M. Swanson
City Clerk
n
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA ,
DEVELOpER'S AGREEMENT FOR A PLANNED UNIT
DEVEI. NT A K N T VE MENT
Kensingtan Developmeni: Case No. 8?-24
THIS AGREEMENT, made and entered into this day of Qecember, 1987, by
and between the City af Mendota Heights, Dakota County, Minnesota
(hereinafter called the "City") and Centex Homes, Inc., c/o Tandem
Corpora�ion, 6440 Flying Cloud Drive, Eden Prairie, Minnesota 55344
(hereinafter called the "Developer").
WITNESSETH:
WHEREAS, the Developer has applied ta the City for (i} Zone District Changes
from One Family Residen#ia) �R-1} to High Density Residentia! - Planned Unit
Qevelopment (HR-PUD) and Medium Density Residential Planned Unit
Development (MR-PUD) and (ii) Planned Unit Development Cancept Approval
for approximately one hundred two (102 +) acres, located north of Interstate
Highway 494, east of the Interstate Highway 494 interchange at Dodd Road;
south of Mendota Heights Road and west of Deiaware Avenue, situated in
Dakota County, State of Minnesota, and more fully described in Exhibit A
attached hereto ar�ct made a part hereof (hereinafter called the "Property"};
WHEREAS, the Developer pro�aoses to develop an the Property a planned
development consisting of a five hundred (500) r•esidential unit and
approximately forty (40 +) acres af park lancl and recreational facilities in
l _
accordance with the illustration shown on Exhibit B, attached hereta and made
• a part hereof (hereinafter called the "Kensington Planned Unit Development");
WHEREAS, the Developer has appiied to the City for pretiminary plat approvaf
of Phase I of the Kensington Planned Unit Development;
WHEREAS, Phase i shall cansist af one hundred thirty-six (136) residential
units on approximately twenty-two (22 +) acres located on the west end af the
Property and be developed in accardance with the iliustration shown an
Exhibit C, attached hereia and made a part hereof {hereafter cailed "Phase
1"}
i
WHEREAS, Phase 1 was reviewed and approved, subject to certain conditions,
by the City Pianning Cammission an November 24, 1987;
WHEREAS, Phase 1 was reviewed and approved, subject to certain conditions,
by the City Council an December 15, 1987,•
WHEREAS, the Developer has agreed that Phase I shal) fully comply with and
conform ta the canditions specified herein; and
NOW, TNEREF�RE, in consideration of the City adopting Ordinance Nas. 246-
247, 4rdinar►ce amenclir�g the City Zaning Districts; and Resolution 87-121,
Resolution approving conditional use permit for Phase 1 of Kensingtan Ptanned
Unit Development, the Developer cavenants and agrees to deveiop and maintain
the Property, subject ta the following conc4itions:
�
f Preliminary Plat Approval:
r
1. The Deve(oper shall devefop and maintain Phase 1 in conformance with the
Development Plan received, reviewed and approved by the City Council or�
December 15, 1988, and attached hereto and made a part hereof as Exhibit D,
subject to such changes and modificatians provided herein. The Developer
shall not deveiap, construct upon or maintain Phase 1 in any other respect ar
manner than provided herein.
2. Developer acknawledges that pursuant to the City's Zoning Ordinance,
constructian of Phase 1 must commence within one ('I} year from the date af
approvai; unless the City Council, at its sole discretian extends the
construction period for an additional one { 1) year.
3. The Developer agrees that it shall submit ta the City for approval a
written schedule indicating the progress schedule and order af completion af
the Phase 1. ,
4. Prior to the release of a final plat, the Developer shall submit ta the City
for approval five (5} copies af a develapment plan {1"=140' scale) showing any
existing and praposed contours, proposed streets, and lot arrangements and
size, minimal floor elevations of each Iot, preliminary alignment and grades for
sanitary sewer, watermain, and storm sewer, 100-year fiood plain contours,
ponding areas, tributaries ta catch basins, arrows showing direciion of storm
water flow on all lots, 4ocation of walk, trailsJ and any property to be deeded,
sold, conveyed or transferred to the City. Said plans are hereby made a part
of this Agreement.
�
5. Prior to the release af a final platJ the Developer sha!! submit to the City
far approval, final plans for all sanitary sewer, watermain, and starm sewer
faciiities, drainage facilities, concrete curb, gutters, sidewa(ks, streets, and
other misc�ilaneaus work (hereinafter called "Improvements") to be made and
constructed on or within the property to be dedicated to the City. Said plans
are hereby made a part of this Agreement. Develaper further agrees that all
Irnprovements shail be designed by a registered professional engineer in
compiiance with City, State and Federal standards. The Gity reserves the
exclusive right to approve or request madifications to the Improvements. All
such Improvements shall be completed by the Developer and shall be free and
clear of any lien, claim, charge or encumbrance, including any for wark, labor
or services rendered in connectian therewith, materials or equipment supplied
therefore, on ar l�efore the later af two t2) years from the date hereaf. Upon
completian and acceptance, the Developer warrants and guarantees that the
lmprovements will be free from any defects of materiais or workmanship for a
period af twa {2) years fallowing said completian and acceptance. In the event
any defect in materials af workmanship within said twa year periad, warranty
or guarantee shall be a period of three (3) years following said completion and
acceptance. Defects and materials of workmanship sha11 be determined by the
Gity. �
6. Prior to the release of a final plat, the Developer shall submit ta the City
for approval, final plans far grading, drainage and landscaping (hereinafter
calfied "l�andscaping Improvements"} of Phase 1, Said plans are hereby made a
part af this Agreement. Developer further agrees that all Landscaping
Improvements shall be designed by a registered professianal engineer in
compliance with City standards. The City reserves the exclusive right ta
approve or request madifications to the Landscaping Improvements. All such
Landscaping Improvements shail be completed by the Developer and shall be
free and clear of any iien, claim, charge or encumbrance, including any far
work, labor or services rendered in cannection therewith, materials or
equipment supplied therefare, on or before the later of two (2) years from the
date hereof. Upon completion and acceptance, the peveloper warrants and
guarantees that the Landscaping Improvements against any defects of materials
or warkmanship for a periad af iwa {2} years failowing said completion and
acceptance. In the event any defect in materials of workmanship within sald
twa year period, warranty or guarantee shall be a period of three (3) years
following said completion and acceptance. Defects and materials of
workmanship shall be determined by the City.
Development of Ph�se 1:
7. Deveiaper agrees that, anything to the contrary herein natwithstanding,
the City of Mendata Heights City Council and its agents or employees shal! not
be personally liable or responsible in any manner to the peveloper, the
Developer's contractors ar subcontractors, materiaimen, laborers or to any
other person ar persons whomsoever, for any ciaim, demand, damages, actions
or causes of action of any kind ar character arising out of ar by reason af the
executian of this Agreement or the performance and completion of the work and
the improvements pravided herein. The Developer will indemnify and save the
City harmless from all such claims, d�mands, damages, actions or causes of
ac�ions ar the cost of disbursement, and expenses of defending the same,
specifically including, without intending to limit the categaries of said costs,
cost and expenses for City administrative time and labor, casts af consulting
-5-
engineering services and costs of legal services rendered in connection with
defending such claims as may be brought against the City. In addition, the
Developer shall alsa reimburse the City immediateiy upan demand for any anci
all City administrative time and labor casts of consulting engine�ring services,
costs af legal services and other out O'� �?OCItB'C expenses incurred by the City
arising out of or in connectian with this Agreement.
8. Unii) acceptance by the City af any such deed of conveyance of any
Improvements, the Deve{oper shall be solsly respansible for all maintenance and
repair of the streets and other public improvements constructed hereunder.
The Ciiy shall be respansible for al1 maintenance and repair after acceptance
of said deed(s) af conveyance. Priar ta canveyance of the public
impravements to ihe City, the Developer shall cause warning signs to be
placed on and around such streets and other improvement whenever any
dangerous or hazardous condition exists an such property and shali establish
any necessary detour rautes. If and when streets become impassable, such
streets sha!! be barricaded and clased. In the event residences are occupied
priar to completing streets, the Developer shall maintain a smooth surface and
provide proper surface drainage. The Developer shall be responsible for
keeping streets within and without the subdivision swept clean of dir� and
debris that may spill or wash anto the street frorn his operation. If the
streets are black-topped, the Developer may request, in writing, that the City
keep the streets open during the winter months by plowing snow from said
streets prior to finai acceptance af said streets. The Developer shall save the
City harmless from any and all damages or injury, whether to person or
property, caused by or relating to the snow plowing operatians provided by
the City prior to conveyance of title to the public improvements by the
�
Developer to the City, The provision by the City of snow plowing service
does not in any way constitute final acceptance of the pubiic improvements.
9. The Developer covenants, warrants and agrees that a41 labar a�d work
sha{i be done and performed in the best and most warkmanlike manner and in
strict conformance with the plans and specifications approved by the City. Na
construction shall begin until final plans and final piat are appraved by the
City. No deviations fram the approvec! plans a�d specifications shall be
permitted unless approved in writing by the City, �
10. The City shali not issue any buiiding permit for the constructian of any
building, structure, or improvement, on or in Phase 1 until all conditions af
this Agreement have been satisfactorily addressed by the Developer and the •
Phase 1 has been inspected and accepted by the City.
Conditians:
11. The Developer agrees to construct all sidewalks in Phase 1 to a width of
, five feet (S').
12. The Developer agrees that in additiQn to providing one (1) garage per
residential unit, Developer shall provide proof of the availability, to the City's
sole satisfactian, af sufficient aff-street parking spaces such that the tatal
number af parking spaces shal) be equivalent to one and one-half (1.5} spaces
per residential unit (including garages as a parking space). Notwithstanding
the above Develaper acknowledges the City's desire for two-car garages per
�
residentiai unit and agrees ta use its best effQrt to market and construct
residential units with two-car garages for each residential unit.
13. The Developer agrees ta construct a lawn irrigation system in Phase 'i.
The Developer shall submit ta the City for approval plans of the lawn
irrigation system. Developer further agrees that the irrigation system shall be
designed by a professional registered engineer. The City reserves the
exclusive right ta approve or request modifications ta the lawn irrigatian
system. The lawn irrigation system shafl be completed by the Developer and
shal) be free and clear of any lien, claim, charge or encumbrance, including
any far wark, labor or services rendered in cannectivn therewith, materials ar
equipment suppiied therefore, on or before the latter af twa {2} years from
the date hereof, Upon campletion and acceptance, the Developer warrants and
guarantees that the Improvements against any defects of materials or
workmanship for a period of two (2) years folfowing saici campletion and
acceptance. In the event any defect in materials of workmanship within said
two year period, warranty or guarantee shall be a period af three (3) years
following said completion and acceptance. Defects and materials of
workmanship shall be determined by the City.
14. Prior to release of a final plat, the Developer shall dedicate to the City a
sixty foot (60') wide right-af-way, subject to approval by the City of exact
location and legal description, for the Phase 1 roadway designated on Exhibit C
(hereinafter called "Loap Raad"). Developer agrees to dedicate said right-of-
way free and clear of a!{ liens, encumbrances and mortgages.
�
15. Priar to release of a finai plat, Developer shali campiete construction of
the Loop Road.
16. Prior to release of a final plat, Developer shall dedicate, or have
dedicated, to the City an eighty foot (80') wide right-af-way, subject ta
approval by the City of exact locatian and iegaf description, on Mendota
Heights Road from its beginning point on the westerly border of the Property
easterly to Delaware Ave. The Developer agrees to dedicate said right-of-way
free and clear of al1 (iens, encumbrances, and martgages.
i
17. The Developer agrees that al! lots in Phase 1 shall have a front yard
setback of twenty five feet (25').
Binding Effect of Agreement;
18. The Develaper acknowledges and agrees that upon entering this
Agreement, the City in no way waives its right of final approvai of the
materials and submissions required herein, incfuding, but not limited to the
final plat and the City expressly reserves its right ta deny approval of any
plans, the final plat and any building permits should the Developer fail ta
praceed in accordance with this Agreement and/or faii ta perform in total
compliance with the obligatians herein.
19. The Developer acknowledges that the rights of the Gity to performance of
the obligations of the Developer contemplated by and specified within this
Agreement are special, unique, and of ,extraordinary character, and that, in
the event that the t?evalaper violates, fails, or refuse to perform any
�
covenant, condition or provision made herein, City may be without an adequate
remedy of (aw. The Developer agrees, therefore, that in the event it violates,
fails or refuses to perform any covenant, condition or provision made herein,
City may, at its option, institute and prosecute an action to specifically
enforce performance of such covenant. No remedy referred in this Agreement
is intended to be exclusive and shall be cumulative and shall be in addition to
every other remedy. The election of any one or more remedies shall not
constitute a waiver of ahy other remedy.
20. Any term of this Agreement that is illegal or unenforceabie at law or in
equity shall be deemed to be void and of no force and effect to the extent
necessary to bring such term within the provisions of any such applicable law
or laws, and such terms are so modified in the balance of the terms of this
Agreement shall be enforceable.
21. Provisions of this Agreement shall be binding upon and enforceable
against the Developer, its successors, and its assigns of the Property herein
described.
22. The Developer shall provide written notice to the City of the name and
address of any potential purchaser, assignee, successor or transferee thirty
(30) days prior to any sale, conveyance or. transfer of the Property.
23. Developer shall reimburse the City immediately upon the demand for any
and all City administrative time and labor costs of consulting engineering
services, costs of legal services and other out-of-pocket expenses incurred by
-10-
the City arising out of or in connection with this Agreement or the
enforcement tfi�ereaf.
SIGNATUF2ES FQR DEVE�OPER
Subscribed and sworn ta before me
this day of , 1987.
otary Pu �c
�
SIGNATURES FOR
THE CITY OF MENDOTA HEIGHTS
By
{ts ayor
Attent
Its �ty er
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-11-
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�
CITY OF MENDOTA HEIGHTS
MEMO
DECEMBER 8, 19$7
TO: Mayor and City Council
�
FROM:; Kevin D. ��e r'' City Administratar
SUBJECT: Cammunity Develapment Block Grant Application for
3 1988 Funding Cyc1e
The City of Mendota Heights is eligible to request a
portion of Dakota County's Community Development Block Grant
entitlemen�. This federal program, designed to meet the
needs of low and moderate incame residents, has �reviously
been used bX the City for asse�sment abatements in the north
end street zmpravement pro�ect, and for housing
rehabilitation and weather�za�ion programs. We aurrently
have about $68,044 left over fram these previaus projects,
which �he Dakota County Housing and Redevelopment Authorit�
is holding in an account for u� toward housing rehabiZitation
prajects.
Housing and Redevelopment Autharity Direotor Mark U1£ers
ha� suggested that the City apply far an additional $35,000
for housing rehabilitation. This will enable HRA.,to
rehabilitate about four homes. They anticipate that matching
funds can be obtained from th� Minnesata Housing Finance
Ag�ncy, so that the total project would enable eight Mendata
Heights' homeowner� to receive rehabilitatian and
weatherization assistance.
City staf£ has been unable to think of any other
eligible uses for CDBG funds in the cammunity. There�ore, I
have asked Mr. Ulfers to prepare a hausing rehabilitation
grant�application for us. That application is attached.
Mark will be present at the Council meeting af December
15 to�discuss the application with Council, and ta seek your
approval af the autharizing resolution.
ACTIQN REQUIRED; ,
AEter discussing the program, if Council wishes to
participate, it should pass a motion adopting th� resolu�ion
approving the application �or Fiscal Year 1988 Community
Development Block Grant Funding.
KDF:madlr
attachments
CC�I�NTY
� � �
Serving People and Communities �
November 24, 1987
Kevin Fra2e11, Ci�y Administrator
City af Mendo�Ga Heights
750 South Plaza Drive
Mendo�.a Heigh�Gs,. MN 55120
Dear.Kevin:
DAKC►TA COU�1r�
HOUSING &
REDEVELOFMENT
AI:f7['H13RITY
249b - 145th STREET WE5T
ROSEMOUNT, MINNESOTA 55068
612-423-48p0
Enclosed, for your considera�ion, please find 3 copies of the
Mendota Heights Hausir�g Rehabilitation Project application. The
application requests $35,000 af the CDBG Entitl.ement money for
hausing rehab. It is estimated that four (4) homes would be able
to be rehabilitated with an average cost af $7,500.
For your information, we have enclased a map and list of hames in
yaur community that have received housing rehab or energy loan
assistance.
The deadline established by the Community Development Committee
requires the application be approved by the City Council by
December 15th.
I� you have questions or concerns, please call.
Since ely,
Mark S. Ulf rs
Executive Director
MSU:12
Enclosures
�,�.r,���,'�
"AN FCJl1A) C1PP(')RTIINITY CAApIlIY�D"
a
City of Mendota Heights
RESOLUTION N0.
A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF
MENDOTA HEIGHTS FOR FISCAL YEAR 1988 DAKOTA COUNTY
COMMUNITY DEVELOPMENT BLOCK GR.ANT FUNDING
BE IT RESOLVED by the City Council of the City of Mendota
Heights as follows:
1. The City Administrator is authorized to submit the attached
application to Dakota County for a Community Development
Block Grant in Fiscal Year 1988.
2. The application is approved by the City Council and the Mayor
and City Clerk are authorized to execute it on behalf of the
City of Mendota Heights.
3. That the Dakota County HRA be designated as the
administrative entity to carry out the program on behalf of
the City.
Adopted by the City Council of the City of Mendota Heights this
- day of , 1987.
ATTEST:
�
Mayor
�
Dakota county
Community Development Slack Grant Propasal
Fiscal Year 19$8
City ofi Me�dota Heights 2
�egai Name of Appiicant Community Deveiapment
District
750 Snufih P1aza,�,�ive
Legal Address of Appiicant
Mendota Heights Minnesota 5512Q
City State Zip
Kevin Frazell
Cantact Ferson
City Adminjstrator � 6].2 � 452-1850
7itle Phone Number
Mendota Neights Housing Rehabilitation Project
Project Name
i"he city-wide project consists af loan & deferred loan funds for rehabilitation
of singie family, awner-occupied dwellings.
Srief Description of Project
$35,000
Amount Requested
I, Nas this praject received funding COBG before?
� Yes � No
2, Project duration:
� One Year
� Other (Specify}: _ 18 months
Proposed beginning date: 5-1-88 Proposed completion date: 1I-1-89
3. Grant funds will be used for:
� ' Acquisition .
� Clearance Activities
� �1S�OS7�10�
Q Economic Development
� Planning
f� Public Faciiities
, � Pub]ic Services `
� Rehabilitation
� Other (Specify):
4. Federal abjective addressed tattach documentation};
p Benefit to low and maderate income persons
p Aid in the preventian or elimination of slums and blight
� Alleviation of urgent community development need
5. General description of the project (inciude project gaais and impartance ta� -
community):
Provision of law interest and deferred loans for low and maderate ineome
homeowners. Any form of owner-occupied housing wauld be eligible.
For more infarmaiion see Attachment A. The HRA may be able to ieverage
._ additional funds thraugh the Minnesota Housing Finance Agency.
�'�
6, Description af project area (attach map):
The �ro,'Lect area consists of the entire coprporate limits of the Citv
of Mendata Heiqhts. (See attached map)
7, Persans benefiting:
Total number of persons benefiting: 4 households
Percentage of lowlmoderate income: 100 �
8. Construction scheduie:
� � Not Applicab7e
� Applicable
If applicable:
Estimated date constructian will begin: May_j,., I988
Estimated date constructi on wi 3 i be campl eted : ovemb r.�� �,98g
9.` Project cost:
Total project cost:
Amount af C.D. Grant requested: $ 3�����.
(Percentage of tatai project cost): `_. 50 �
Source and amount of other revenue:
Minnesota Housing Finance Agency $35,000
1Q. Budget surnrnary by dC�'i V1ty:
Activity
Hausin4 rehabilitation
and',.rel�ated . ,�r.o�j ect
._ _ administra�pn.
Total
�
�
���
,
CDBG OtherJList Source Total
� 35.000 $ 35,000 MHFA $70,000
'� f/1 '� i!i ', i /ii
�
��
21. Additianal supporting items submitted with proposat (check if attachedj:
Benefit dacumentation (see questian 4)
Resolution of governing body requesting grant
Additianai project information
Map or sketch outlining praject area
� ProfessiQnal's certificatian of feasibility and accuracy of scope and
budget (engineer's, architect's, etc.)
I�I
i �!J
Letters in support of project/or letters of commitment
Other {Specify}:
--------------------------------------------------------------------------------
Certification
I certify that the statements and appiication requirements of this afficial pra-
pasal are carrect and that this propasal contains no misrepresentaiion or falsi-
ficaiians, omissions or concea3ment af material facts and that the informatian
given is true and camplete to the best of my kna�vledge and belief, and that no
bids have been awarded, contract executed, or constructian begun on ihe prapased
project.
Signature of Autharized Officiai
Title
�
�
�
Date
�
Attachment A
Dakota County
Community Development Block Grant Proposal
Fiscal Year 1988
City of Mendota Heights
4. Documentation in Support of Federal Objectives
a. Benefit to Low and Moderate Income Persons
The housing rehabilitation program will only be available
to those households in Mendota Heights within 80� of the
median income for the Twin Cities Metropolitan
Statistical Area. (See income limits listed below.) The
program funds are only available for persons in this low
and moderate income bracket who maintain owner-occupied,
single family dwellings. Program benefit to this income
group is 100$.
Family Size
1
. 2
3
4
5
6
7
8+
INCOME LIMITS
Loansl
$13,500 - $21,300
$15,450 - $24,300
$17,350 - $27,350
$19,300 - $30,400
$20,850 - $32,300
$22,400 - $34,200
$23,950 - $36,100
$25,500 - $38,000
Deferred Loans�
$13,500
$15,450
$17,350
$19,300
$20,850
$22,400
$23,950
$25,500
1 Households between these income ranges would be eligible
for loans. �
2 Households below these incomes would be eligible for
deferred loans.
1
�
�
Attachment A (con't)
Dakota County
Community Development Block Grant Proposal
Fiscal Year 1988
City of Mendota Keights
5. General Description af �he Project
a. Project Description
The design of the �r�gram wi11 be a combiration of loans3
and deferred loans to awner-occupied, single-iamily
homes. With a Cammunity Developmen� Black grant o�
$35,pOQ, four {4) loans of $7,50Q would be available.
Four (4) additional Ioans o� $7,5fl0 would be availabie
through Minnesota Housing Finance Agency Hame Impravement
Laan and Rehabilita�ion Laan Programs.
Low-income househalds with incomes less than 5Q% a� the
Metrapolitan Statistical Area (MSA) median incame (see
Attachment A, page 1} will be eligible for deferred
loans. Moderate-incame households with incomes be�ween
50� and 80� of the MSA median income who demonstrate
adequate capacity ta repay �he loan, and give evidence of
acceptable credit risk will be eligible for 3� low-
interest rate loans. The maximum loan amount �or both
deferred and 1ow-interest loans will be $15,000 with a
maximum term of ten {10} years.
Rehabilitation laans and deferred loans may only be used
to improve the property by increasing the structure's
energy efficiency, ar ta remove health, safety, or other
de�iciencies and to bring the strueture inta compliance
with the property rehabilitation standards used by the
� The maximum loan available wauld be $15,000 far
rehabilitatian. To secure the loan, a promissory nate for the
terms and conditions agreed to and a mortgage deed shall be
signed by all parties listed on the title of the praperty �o be
improved. The mortgage shall be recorded with the County; copies
oi all recorded �ocuments will be forwarded to �he homeowner.
� The maximum deferred loan available would be $15,000 for
rehabilitatian. If the property is sold, transferred, or no
langer the principal residence af the applicant, all funds must
be repaid. A repayment agreement stating these terms and
conditions shaZl be �igned by all parties to the title of the
property to be improved. This agreemen� shall be recorded with
the County; capies of all recorded documents will be forG�arded to
the applicant.
0
Attachment A (con't)
Housing and Redevelopment Authority. These loans may
also be used to modify or rehabilitate the housing unit
to make it accessible for a handicapped or disabled
member of the household. The improvements financed by
these loans must be completed within nine (9) months from
the date of the issuance of the Proceed to Work Order.
Rehabilitation loans and deferred loans may not be used
to finance freestanding or built-in kitchen appliances,
landscaping, or work begun or completed before the date
of the Proceed to Work Order.
It is estimated that the funding of about $35,000 in CDBG
dollars will allow the HR.A to leverage an additional
$35,000 in Minnesota Housing Finance Agency Housing
Rehabilitation Funds.
MHFA Home Improvement Loans will be awarded to
households, with incomes less than $27,000. The maximum
loan amount will be $15,000 for fifteen (15) years with a
variable interest rate of 3� - 9� depending on the
households income.
MHFA Rehabilitation Deferred Loans of up to $7,500 will
� be granted to households with incomes less than $7,000.
MHFA Local Participation Loans of up to $15,000 for a
maximum of fifteen (15) years will be granted to
households with incomes less than $31,500 at an interest
rate of 9.75$.
MHFA Home Energy Loans of up to $5,000 for a maximum of
five (5) years will also be available with an interest
rate of 8.78�. There is no income limit for this
program.
B. Project Need
The need for housing rehabilitation in Mendota Heights
has been moderate in the past. In Dakota County since
1976, 29 of the 795 (4�) total Minnesota Housing Finance
Agency Loans and Community Development Block Grant loans
have been awarded to the Mendota Heights area. Of the 45
households on the Dakota County HRA's waiting list for
the Minnesota Housing Finance Agency Loans 4(9�) are
residents of Mendota Heights. The current waiting list
of Mendota Heights residents and previous experience with
utilization of housing rehabilitation funds would seem to
indicate a moderate need for additional housing
rehabilitation funds in the community.
3
a
C. Implementation
a
Attachment A (con't)
The Dakota County HRA will act on behalf of the City of
Mendota Heights in administering these funds. The HRA
will provide the following staff functions:
1. Program advertising and outreach.
2. Loan intake and processing.
3. Housing inspections, work write-ups, bidding, wor�ing
with contractors, and final inspections. '
4. Program fund requisitions, record keeping, and
auditing.
5. On-going loan servicing and program income
accounting.
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Decorah Lane
1 - MHFA Rehab
Delaware Street
1 - MHFA Home Improvement
Dodd Road
1 - MHFA Home Energy
Fremont Avenue
1 - MHFA Rehab
Furlong Avenue
1 - Mod Rehab
Hilltop Road
1 - MHFA Home Energy
Kirchner Avenue
1 - MHFA Home Improvement
Knollwood Lane
1 - MHFA Home Energy
Marie (West)
1 - MHFA Home Energy
Pueblo Drive
1 - MHFA Home Energy
Simard
1 - MHFA Home Energy
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�
GITY OF MENDOTA HEIGHTS
MEMO �
DECEMBER 10, 1987 "
TO: Mayor, City Council and City ��.�istrator
�
FROM: �Paul R. Berg, Cade Enforcement Officer
SUBJECT: 5ign Permit Application, 1960 Dadd Road
� {FINA Gas Station}
DISCUSSION:
�
Suburban Lighting, Ina., has made application to install
twa new signs at the FSNA station at 1960 Dodd Roaci. This
station was owned;by Texaca and FINA has bought out same 30
Texaco statians in the metro area. FINA has hi.red Suburban
Lighting to install a 3' x 30' (90 square foot) FINA sign on
the building and a�.0' x 5� (50 square foot� FINA sign and
gas prices on the existing pylon pole (see attached
drawings).
Council may recall that this site was at ane time
Sur�co, Getty, Texaco and now FINA. Each time the awner has
changed, sign permits were granted by the City Council to
accammodate oil company name changes. Suburban Lighting has
always been the sign cantractor for this site.
The existing pylon will be reduced in square faotage
from the present 72 square feet to 50 square ieet.
Bob Sherlock �rom Suburban Lighting was in ta meet with
Planner Dahlgren and staff about the sign permit request.
Upon completion of our discussion with him, it was determa.ned
that these signs are in compliance with zoning ordinance
requirements. In the case of the pylon, �his has been
approved for changing sign information three times in the
past 5-6 years. �
RECOMMENDATSON:
Staff and Planner
the two FINA signs as
ACTIdN REQUIRED:
Dahlgren recommend Cauncil approval af
requested.
If Council wishes to implement staff and Planner
Dahlgren's recammendation �to approve the sign permits, it
should pass a motion adopting staff's recammendation.
PRB:madlr
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CITY OF MENDOTA HEIGHTS
MEMO
DECEMBER 8, 1987
TO: Mayor, City Council, and Cit�.�d�ii i�trator
FROM: John P. Mac �f�Y�`e Chief
SUBJECT: Purchase f Portable Radios
HISTORY
Throughout the last couple of years, the City has been
involved in purchasing new mobile radios, pagers, and base
stations in a join�t effort with the City of West St. Paul,
under the direction of Dr. John Dubois. The project, for the
most part, is now complete with one exception. It has
recently come to my attention that our old portable radios
that were to be converted to the new system can not be
converted. Therefore, we need to purchase new portable
radios. .
DISCUSSION
The new radio system operates on several different radio
channels and two different tone frequencies. In a radio, the
tone is similar to a telephone number, only radios that have
the same tone frequency can talk to each other. The reason
that a multiple tone system was choses was to allow the
dispatchers to tune into only Mendota Heights and West St.
Paul radio units when we are operating on the fire channel.
Under current policy, the fire departments in both
cities operate off the same channel as the police departments
in both cities. This channel is the new channel that was
installed with a repeater to clear up radio transmission
problems that were occurring in both cities. The current
policy of our department is to change to the old fire channel
when we get to a scene that is going to require more than a
minimal amount of radio traffic that is not critical to any
other department except ours, such as conducting fireground
operation and tactics. This policy was developed so that the
repeater channel could be freed up to the other three
departments for emergency operations. Both police
departments concur that this policy should be followed
whenever possible.
Currently the department owns five Wilson brand, six-
channel radios that o�erate on three of the six channels.
These radios are carried on each of the main pieces of fire
apparatus and are used by entry personnel in fireground and
rescue operations. As part of the radio project, Dr. Dubois
stated that our portable radios could be upgraded to the new
system with three additional channels added relatively
inexpensively. The additional channels were needed to allow
us ta cammunicate with Inver Grove Heights, Eagan, and a fire
ground operation chanriel, aIl of whiah are needed in mutual
aid situations. '
Two weeks ago, the portable radios were given to GenComm
Electronics to have the work dane. Mr. Bill Schmidt, of
GenComm, has informed me that the old radios could be re-
crystalled to have either the new repeater channel that was
installed, or the old fire channel, but not both. This is
because the old radios are not capable of multiple tane ,
programming, Mr. Schmidt alsa infarmed me that it would be
relatively expensive to install crystals to obtain the
additianal channels when aompared to the cost of the newer
radios. Since the department ztself works off two different
radio channels and the additional channels are needed when
working with other departments on mutual aid inaidents, we
cannot af�ord to have radios that are not capabie of
operating on all channels. '
Due ta the fact that we were anticipating s�ending a
minimaZ amount af maney ta make the existing rad�as
compatible, there was no money budgeted in either the 1987 or
1988 capital budget requests. I have received�a quotation
from Mr. Chuck Maas, of Gommunicatians C�nter, on the
purchase a� six King portable radios. The sixth radio would
be carried on the new �umper {thi� radio was to be purchased
out of aur 1988 operating budgetj. The King radios that were
quoted are the same radio� that were purchased by both police
and fire departmants eariier in the year on the Hennepin :
County consortium bid.. The Hennepin bid is still open �
through the end of the year. The quoted price is for
$756.89 each, bringing the total funds needed ta $�,541.34.
RECOMMENDATION
It is my recommendation that we purchase replacement.
radios for the radias that ware to be re-crystailed •and also
the additional radio for the new pumper so that �ireground
o�erations will not be jeopardized due to lack �f radias.;
City Treasurer Larry Shau�hnessy recommends adding the �
expenditure to the 1987 Fire Department budget. �
ACTION RE4UIRED '
If Cauncil a�rees with the above recommendation, they
should pass a motion authorizing purchase of six King
portable radios from Cammunicatians Center under the Hennepin
County consortium bid, and reappropriate $4,541.34 from
General Fund balance to the Fire Department Capital Outlay
line item. -
JPM:madlr
MENDOTA HEIGHTS POLICE DEPAR,TMENT
MEMOI�.ANDUM
DATE: 9 December,1987
TO: Mayor and City Council
City Administrator
FROM: Chief of Police�
SUBJECT: Citation AuthoritY For Certain City Emplovees
INTRODUCTION
In an attempt to more clearly define the duties and authority of Peace Officers in Minnesota, the
Legislature has passed a law requiring city, councils to specifically authorize anyone other than a
full-time, licensed Peace Officer to issue citations. •
At the present time, our police officers are the only city employees that are authorized to issue citations.
This results in court cases where the complainant is not the best available witness. A police officer
who issues a ticket for a violation of the Zoning Ordinance is a bit out of his/her element. This
arrangement also deprives the Code Enforcement O�cer of the full authority to effectively discharge
his duties.
A citation, as referred to in this statute, is what we normally call an Ordinance Summons. It is a
"ticket" issued for a violation of an Ordinance that regulates something other than traffic. It is a
method of reporting a violation to the court and "invites" the accused to appear, at a given time, to
respond to the charge. If the accused fails to appear, or specifically requests it, a more complete and
detailed complaint is drawn up by the City Attorney and sworn, by the complainant, before a judge.
DISCUSSION
The Fire Chief, Fire Marshal, and Code Enforcement officers are the appropriate complainants in
matters that pertain to their areas of expertise. Their effectiveness is also enhanced by the specific
authority to issue citations for violations of certain Ordinances. In the case of the Public Works
Superintendent, our "snowbird" Ordinance allows him to remove vehicles that are in violation, but
does not allow him to issue a citation for that same violation. For him to do a good job of clearing the
Citation Authority ........ Page 2
snow, violators must be dealt with, particularly repeat violators. At the present time he must stop his
operation, call for a squad car, and wait until the squad arrives and handles the problem. Obviously,
this�can be a tiresome task when there are many illegally parked cars on the street after a heavy
snowfall.
�ECOMMENDATIONS
It is recommended that Council adopt the attached Ordinances granting the outlined authority to the
involved individuals.
Adopt the attached Ordinances amending Ordinances 101 (Establishment and Regulation of Fire
Department), 219 (Codified as 1101, Motor Vehicle Ordinance), and 401 (Zoning Ordinance),
authorizing the City Fire Chief, Fire Marshal, Code Enforcement Officer and Public Works
Superintendent to issue citations in certain instances.
�
:; ..
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 219
(Codified as Ordinance No. 1101)
The City Council of the City of Mendota Heights, Minnesota,
ordains as follows:
SECTION l. Ordinance No. 1101, entitled "AN ORDINANCE
REGULATING MOTOR VEHICLES AND TRAFFIC," is hereby
amended by the addition of the following
paragraph to Section 4:
4.14(4) The City Public Works Superintendent is
authorized to issue citations for
violations of Section 4.14 of this
Ordinance.
SECTION 2. This Ordinance shall be in full force and effect
from and after its publication according to law.
Enacted and ordained into an ordinance this Fifteenth day of
December, 1987.
ATTEST:
Kathleen M. Swanson
City Clerk
F
Charles E. Mertensotto
Mayor
�
CITY OF MENDOTA HEIGHTS
DAKOTA CaUNTY� MINNESOTA
ORDINANCE N(7.
AN ORDINANCE AMENDING ORDINANCE NO. 401
The City Cauncil of the City of Mendota Heights, Mi.nnesota,
ordains as fol,lows:
SECTION l. Ordinance Na. 401, entitled "THE ZONING ORDINANCE
QF MENDOTA HEIGHTS," is hereby amended by the
addition of the following paragraph to Sec�ion
5.10:
5.10(2) The City Cade Enforcement Offi.cer is
hereby autharized ta issue citations
for vialations of or refusal to comply
with the provi�ions o�' the Zoning
Ordinance.
SECTICiN 2. This 4rdinarzce shall. be in full force and effect
from and after its publication according to law.
Enacted and ordained into an ordinance this Fifteenth day of
December, 1987.
Charles E. Mertensotto
Mayor
ATTEST:
Kathleen M. Swanson
City Clerk
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 101
The City Council of the City of Mendota Heights, Minnesota,
ordains as follows:
SECTION 1. Ordinance No. 101, entitled "AN ORDINANCE
PROVIDING FOR THE ESTABLISHING OF A VOLUNTEER
FIRE DEPARTMENT AND MAKING RULES AND REGULATIONS
FOR THE GOVERNMENT OF THE SAME," is hereby
amended by the addition of the following
paragraph to Section 13:
13.2 The fire chief and fire marshal are
authorized to issue citations for
violations of the State Fire Code and City
Ordinances that relate to fire suppression,
prevention or safety.
SECTION 2. This Ordinance shall be in full force and effect
from and after its publication according to law.
Enacted and ordained into an ordinance this Fifteenth day of
December, 1987.
ATTEST:
Kathleen M. Swanson
City Clerk
e
Charles E. Mertensotto
Mayor
t
E
4
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANGE NO.
AN ORDINANCE AMENDING PART 5 OF THE CITY CODE
(BUILDINGS)
The City Cauncii af the City of Mendota Heights, Minnesota,
ordain� as fo].low�:
SECTION 1. ORDINANCE NO. 501, entitled "AN ORDINANCE
PROVIDING FOR THE REMOVAL AND RELOCATION OF
BUILDINGS WITHIN TI-IE CITY OF MENDOTA HEIGHTSj"
Ordinance Na. 502, "AN ORDINANGE ADOPTING THE
MINNESOTA STATE BUILDING CdDE, PROVIDING FtJR ITS
ENFORCEMENT AND REGULATING THE ERECTION,
CONSTRUCTION, ENLARGEMENT, ALTERATIQN, REPAIR,
MOVING, REMOVAL, CONVERSION, DEMOLITION,
OCCUPANCY AND MA.INTENANCE OF BUILDING OR
STRUCTURES AND PROVIDING FOR THE ISSUANCE OF
PERMITS," and Ordinance No. 503,"AN ORDINANCE
REGULATING SWIMMING POOL CQNSTRUCTION," are
hereby amended by the addition of the �'ollowing
paragraph as the final sectzon in each af said
ardinanGes:
" The City Code En£orcement Officer is
hereby authorized to issue citations
far violations o�' or re�usal. to comply
with the provisions of this Ordinance."
SECTION 2. This Ordinance shall be in �ull force and effect
- � from and after its publication according ta law.
Enacted and ordained into an ord3.nance this Fifteenth day of
December, 1987.
ATTEST:
Kathleen M. Swanson
City Clerk
Charles E. Mertensotto
Mayar
Q
0
CITY OF MENDOTA HEIGHTS
MEMO
DECEMBER 10, 1987
i
TO: Mayor and City Council
FROM: � Kevin ,,,���e�l, City Administrator
; �
SUBJECT: Upcominc� Appointments to the Planning & Parks
. Commissions
�
�
Two positions on each of the Commissions expire at the
end of January, 1988. �In addition, I understand that Marsha
Knittig intends to submit a letter of resignation to the
Council from her position on the Parks Commission.
Therefore, Council.will need to make five appointments and/or
reappointments at its second meeting in January.
�
The expiring terms are as follows:
I NAME APPOINTED
Jerry Morson (PLANNING) 7-20-82
Dorothy McMonigal " 2-1-85
I
Bev Lachenmayer (PARKS) • 10-21-86
' Carol Damberg ," 5-21-85
As you can see, all except Jerry Morson have completed
only one term of office.
We currently have on file the following applications for
appointment, which were previously submitted to the City:
Judi McArdle and John Huber for Parks Commission.
Charles Banc�asser, Paul Katz, and Robert Emery for
Planning Commission. Darrell Str.aumann is interested in
either Commission.
ACTION REQUIRED:
Council should give staff whatever direction it wishes
in soliciting applicants for appointments to the Planning and
Parks'Commission.
cc: Planning & Parks Commissions
�
MEMO
CITY OF MENDOTA HEIGHTS
December 7, 1987
To: ; Mayor and City Council
From:; Kevin����, City Administrator
Re: � 1988 Salaries and Benefits for Non-Organized Employees
INTRODUCTION
Attached are two resolutions necessary to implement 1988
cost-of-living pay and benefit increases for em�loyees not
covered by a labor contract. The purpose of this memo is to
briefly describe the contents of those resolutions.
PAY MATRIX
The first attached resolution adopts an amended pay matrix
for 1988, increasing all figures by 4�`. I am recommendirig a
4� adjustment, based on trends in the Consumer Price Index,
running in the 4- 5� range, and on salary trends in other
metropolitan area suburbs for clerical, professional, and
managerial groups. •
Council adopted a revised pay matrix last August 1, to
implement the requirements of the comparable worth law,
and will recall that we are phasing in comparable worth
adjustments over a three-step process. Al1 employees below
Step C were moved to that step on August 1, 1987. They will
be eligible to move to Step D on August 1, 1988, and to Step
E, the final adjustment, on August 1, 1989. However, the
current action before Council is to merely adjust the pay
matrix in recognition of cost-of-living: The second step of
pay equity implementation, moving salaries to Step D, will
occur , next summer .
INDIVIDUAL SALARY ADJUSTMENT5
The second attached resolution sets forth a schedule of
individual 1988 salaries for employees not covered by a labor
contract. All adjustments, except for that of City
Administrator, are 4� over what the emplo}�ee is earning for
1987.! The salary for City Administrator is as discussed with
Council on December 1st. Employees whose salaries don't
fit exact steps on the matrix as discussed above are either
in a temporary "in between" status on the way to full
�. ^
implementation of comparable worth.
The two part-time positions of Fire Chief and Assistant Fire
Chief are extended a 15� increase, based on the number of
hours they are putting in on the job. This is as was
discussed with Council during budc�et review this Fall. The
hourly schedule for firefighters is increased $.25 for each
class. This is as recommended by Mayor Mertensotto,
Councilmember Cummins, and I, after meeting with the
Firemen's Compensation Committee; we declined to recommend an
increase in the level of City contribution to the pension
program, as originally requested by the firefighters. �
INSURANCE CONTRIBUTION
The resolution increases the City's maximum contribution for
each employee's insurance program by $10, to $185 per month.
MedCenters Health Plan, the program used by most employees,
is increasing their monthly rate from $197.30 in 1987 to
$224.90 in 1988. Therefore,'even with a City contribution
increase of $10 per month, employees will see an increase of
$27.60 in their own monthly deduction for insurance. $185 is
the amount already set in the second year (1988) of the ,
public works contract.
BUDGET IMPACT
The cost of the salary increases, compounded by variable
fringe benefits (i.e. FICA, PERA, etc.) is approximately
$27,600. The cost of the insurance increase is $2,400.
Adequate funds are included in the 1988 budget adopted by
Council.
CA TION REQUIRED
If Council concurs with the 1988 salary and benefits changes
as outlined and recommended above, it should pass a motion
adopting each of the two attached resolutions.
0
r�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 87 -
RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR
NON-ORGANIZED EMPLOYEES TO REFLECT A 4�
ANNUAL ADJUSTMENT FOR 1988
WHEREAS, by Resolution 87-67, the City Council has
adopted a grade-and-step pay system for non-organized city
employees that meets the requirements of MSA 471.991, the Pay
Equity Act; and
WHEREAS, it is necessary to annually review the,pay
matrix that is a part of that system for adjustment in
recognition of increases in cost of living; and
WHEREAS, based on salary trends in the metropolitan area
suburbs, and budc�eted funds available, a 4� adjustment in the
matrix for 1988 is reasonable.
NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Mendota Heights that the Grade and Step Pay Matrix
attached hereto as Appendix A, is hereby adopted as Appendix
A of Resolution No. 87-67, adopted by the City Council on
July 7th, 1987.
ATTEST:
Ka een M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
C ar es E. Mer enso 0
Mayor
.
�
CItY OF MEHD07a HESGNTS, MINNESBTA
EMPLOYEE POSITION PLACEMENT RND PdY CLASSIFICATION SCHEDULE
RESOLUiION N8. 87- , ATTACHMENT A
GRAdE - A B C D E* F G
i Cterk-Receptianist 15,344 16,117 '16,923 17,7b9 18,657 19,540 20,570
II 15,733 16,520 77,346 18,213 19,124 20,p80 21,08t►
III 16,126 16,933 17,774 18,668 19,602 20,582 21,611
IV 1b,530 17,356 98,224 'l4,135 20,442 2i,09d 22,151
V 16,9k3 17,790 18,679 19,613 20,594 21,624 22,705
Vt 17,366 18,235 14,446 20,1Q4 21,t09 22,164 23,273
VII 17,801 18,691 19,625 20,606 21,637 22,719 23,854
VIII 18,246 19,158 20,116 21,12z 22,178 23,28b 24,451
IX Secretary 18,702 19,637 20,619 21,650 22,732 23,$b9 25,062
X � 14,169 20,128 21,134 22,391 23,300 24,465 25,689
X[ Seniar Secretary 19,648 20,631 21,662 22,746 23,883 25,077 26,331
XFI 20,9G0 21,147 22,204 23,314 24,480 25,704 26,484
XIII 20,b43 21,675 22,754 23,897 25,092 26,347 27,664
XIV 21,154 22,217 23,328 24,494 25,719 27,005 28,355
XV . 21�6$8 22�7T3 23,911 25�107 26�362 27�680 29�Ob4
' XVi Accauntant, Engineering Technician 22,230 23,342 24,509 25,735 27,421 28,372 24,741
XVII 22,786 23,926 25,122 26,378 27,69? 29,482 30,536
XVIti 23,356 24,524 25,750 27,037 28,389 29,809 31,299
� XIX 23,948 2S,137 2b,344 27,713 29,099 30,554 32,0$2
XX 24,538 25,765 27,053 28,406 29,826 31,318 32,884
XXI 25,152 26,409 27,T30 29,116 30,572 32,101 33,70b
XXtt 25,781 27,070 28,423 24,844 31,336 32,903 34,548
XXItI 2b,G25 2?,74b 29,134 30,540 32,120 33,72d 35,�+12
XXIV Sr. Engrg Tech, Cade Enf Off, Engineer 27,086 28,440 29,&52 31,355 32,923 34,569 36,297
X7{V 27,7b3 24,i53 34,b08 32,134 33,74b 35,433 37,205
XXVI 28,45T 29,880 31,374 32,442 34,589 36,319 38,135
XXVII 24�1b8 30,b27 32,158 33,76b 35,454 37,227 39,088
XXVIII 29,897 31,392 32,9d2 34,610 36,341 38,158 40,065
XXIX 3d,645 32,177 33,786 3S,475. 37,249 39,132 41,Ob7
XXX Public 4lorks Supervisor 31,411 32,982 34,631 3fi,362 38,180 40,089 G2,094
XXXI Sergeant 32,14b 33,806 35,49b 3T,271 39,135 �.1,042 43,146
XXXII 33,p01 34,651 36,384 38,203 40,113 42,119 44,225
XXXIII 33,82b 35,518 37,243 34,158 41,11b 43,372 45,330
XXX1V 34,672 36,406 38,226 40,13T 42,144 44,251 46,464
XXXV Police Chief, P.W. Director,City Clerk 35,539 37,316 39,181 41,141 43,198 45,357 47,625
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 87 -
RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN
EMPLOYEES FOR 1988 AND ESTABLISHING CERTAIN OTHER BENEFITS
WHEREAS, the City Council has adopted a grade-and-step
pay system for certain full-time employees of the City; and
WHEREAS, based upon recommendation of the City
Administrator, Council has determined the appropriate
placement of each City position on a Grade, and the incumbent
employee on a Step; and
WHEREAS, it is also necessary to set salaries for
certain part-time employees, as well as fringe benefits for
full-time employees.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City
Council of the City of Mendota Heights, Minnesota, as
follows:
1. That the following, schedule of salaries be implemented
effective January 1, 1988, for full-time employees:
Employee
Nancy Platz
Rebecca Birch
Kimberlee Blaeser
Carol Bakka �
Diane Ward
Mary Ann DeLaRosa
Shirley Shannon
Guy Kullander
Klayton Eckles
Tom Knuth
Richard Gill
Paul Berg
Tom Olund
Larrie Mack
Donn Anderson
Dorance Wicks
Kathleen Swanson
Dennis Delmont
James Danielson
Kevin Frazell
Position
Clerk/Receptionist
Clerk/Receptionist
Secretary
Secretary
Secretary
Senior Secretary
Accountant
Engineering Technician
Civil Engineer I
Sr. Engineering Technician
Code Enforcement Officer
Code Enforcement Officer
Public Works Superintendent
Police Sergeant
Police Sergeant
Police Sergeant
City Clerk
Police Chief
Public Works Director
City Administrator
5alarv
$16,117
16,117
19,637
20,619
20,619
22,666
24,509
27,550
29,862
31,892
28,440
31,892
36,920
37,523
38,766
38,766
39,181
44,877
44,877
48,000
2. That the follawing schedule of salaries be implement�+d
ef�'ective sanuary 1, 1988 for part-time employees:
Employee Position Salarv
John Maczko Fire Chief $ 6,000
Bil1 Lerbs Assit. Fire Chief 3,600
Charle� Whelan Eng. Technician $9.88/hr
Gregg Gund Eng. Technician $9.88jhr
3. That the foilowing hourly rate of pay for valunteer
firefighters be implemented effective January 1, 1988:
Q - 1 years $b.25
1 - 5 years 6.75
5 years and aver 7.25
Captain 7.75 ,
4. That the City's maximum contributian toward in�urance
premiums for full-time emplayees nat cavered by a
labor contract shall be $185 per month for 1988.
Adapted by the City Cauncil o£ the City of Mendo�.a Heights
this 15th day of December, 1987.
CiTY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charies Mertensotta;
Mayor
ATTEST:
Ka�.hleen M. Swanson
City Clerk
a
r
o�
_,
CITY OF MENDOTA HEIGHTS
MEMO
December 10, 1987
T0: Mayor, City Council, City ��s�_rator �
�
FROM: Kathleen M. Swanson, City Clerk
SUBJECT: Victoria Highlands Assessment Deferments
INFORMATION
The property currently being platted as Victoria
Highlands, more commonly known as the McCloud/Allstrom
property, has been affected by several improvement projects
in the past. The McCloud family had no desire to develop the
property, and requested and was granted approval of
significant deferments for sanitary sewer, water, storm sewer
and street improvements. The McClouds transfered half
ownership of their portion of the property to the Wilder
Foundation a number of years aqo, and Council approved the
continuation of the deferments notwithstandirig the change in
ownership. .Since the total property has now changed hands
and is in the process of being developed, the City must
address the collection of deferments and accrued interest.
DISCUSSION
An assessment search was prepared and submitted to the
developers prior to their acquisition of the property. The
search reflected principal deferments totalling $80,664.39,
and accrued interest amounting to $69,357.86. The statute
governing deferred assessments provides that the option to
defer payment of special assessments terminates and all
amounts accummulated plus applicable interest become payable
upon the sale or development of the property. Reference was
made in the developers agreement to a requirement for payment
of $150,022.25 at the time of plat execution.
After reviewing the draft agreement, the developers
contacted us in the hope of spreading payment of the amount
due over a period of time. We then reviewed the information
from the cards on which the deferment records were recorded
and determined that, since two of the projects (Improvement
73-2 and 77-9) still have a number of years remaininc� to be
collected, $31,075.21 of principal must be levied, either by
adoption of a new assessment roll, or by folding that amount
into the new project. The immediate cash outlay to the
developer would thus be reduced to $119,447.04.
Because of the significant dollars involved, I decided
to'research the original assessment rolls before preparing a
written response to the developers. This research uncovered
an omission in the assessment search. �The assessment roll
from which the deferment cards were evidently prepared showed
that an assessment had been levied for Marie Avenue street
improvements. To the adopted assessment roll was attached
the original draft of the roll, which indicated that, while
the property had been assessed $5,625 for street
improvements, it was to have been assessed significantly more
than the adopted roll reflected. There was no notation on
either the original or draft roll that-deferment ,
consideration had been given, nor was there a resolution of
deferment. Research of Council minutes confirmed that $16,875
in street assessments had been deferred but the deferment had
not been recorded in the adopted roll. $12,252.60 in
interest has accrued on the original street assessment
deferment since adoption of the assessment roll.
I had originally informed the developers that their �
request for a variance from past policy over payment of
the deferments should more appropriately be directed to the
Council. Because the assessment search was in error to the
extent of an unanticipated $29,130 liabilit� to the �
developer, I felt obligated to try to negotiate some type of
compromise over payment of amounts due. They have agreed not
to contest the additional $29,130 and in consideration
thereof, have asked that their cash outlay at the time of
plat execution be limited to outstanding accrued interest�and
the principal amount of the street assessment, a total of'
$98,485.46. The� have further asked that the total amount of
assessment principal for utilities, $80,664.39 (which
includes the $31,075.21 referred to in the second paragraph
of this discussion),�be included within the new�assessment
roll. If the devel'opers' request is approved, the $80,664.39
could be added to the new pro�ect's construction costs and
assessed against each of the new lots; that amount could then
be added to the project costs for bonding purposes, and when
bonding occurs a transfer would be made to the funds which
financed the original improvement projects.
ALTERNATIVES
There are alternatives which could be considered:
1. Approve the request of the developer and ;
.•absorb $80,664.39 in deferred assessment �
principal into the new project.
2. Deny the request, conduct a public hearing to
assess the $31,075.21 in deferred assessment'
principal not currently due and require cash'
paxment of $148,074.64 in deferred assessment
principal and accrued interest at the time of
final plat execution.
3. Al1ow phased payment of the $148,074.64 as had
originally been requested by the developer.
If either of the second alternatives is considered, it
must be recognized that $29,127.60 of the amount was
unanticapted costs to the developer.
i
RECOMMENDATION
I recommend ap�roval the first alternative, subject to
the developer agreeing to submitting a cash payment of
$98,485.46 at final plat execution as payment of Marie Avenue
street improvements and accreed interest on all deferred
assessments. I do not believe that Council would be setting
a precedent should it exercise the recommendation. Council
has the right by statute to find that a hardship exists in �
the payment of the deferred principal: this is by far the
largest assessment deferment collectible to date, and it-
includes nearly $30,000 in unanticipated cash outlay which
the developer has,accepted and agreed not to dispute.
ACTION REQUIRED
If Council concurs in the recommendation, it should
authorize the inclusion of $80,664.39 in deferred assessment
principal in the Victoria Highlands improvement project costs
and direct staff to prepare a revised developers agreement.
CITY OF MENDOTA HEIGHTS
MEMO
DECEMBER 8, 1987
TO: Mayor and City o cil
FROM: Kevin D. �City Administrator
�
SUBJECT: Update on TH 55'Corridor Study
City Planner Howard Dahlgren and I are meeting with
officials and planners for Resurrection Cemetery on Monday
afternoon, to discuss their long-ran�e plans for the
unplatted cemetery propertx, and their interest in working
with the City in redeveloping in the Furlong area.
For the Tuesday night add-on agenda, staff will prepare
a brief outline of how we propose to proceed with the Highway
55 area redevelopment effort. If Council concurs with that
direction, we can then invite the residents back for an
update session early next year, and begin working toward
accomplishment of our plans.
KDF:madlr
1
c
CITY OF MENDOTA HEIGHTS
MEMO
December 11, 1987
T0: Mayor, City Council and City Administrator
FROM: Klayton H. Eckles
Civil Engineer
SUBJECT: Sewers, Water, Streets
Feasibility Report
Victoria Highlands
Job No. 8714
Improvement No. 87, Project No. 7
DISCUSSION
The Victoria Highlands development consists of 38 single family
lots, 32 townhome units,.and a city park. The project is scheduled for
Spring grading and utility construction. Installation of Sewer, Water,
Storm, and Street utilities is necessary as part of this project; each
utility is'discussed separately below, followed by a discussion of the
assessments.
Sanitarv Sewer
The attached Drawing No. 1 shows the proposed layout of the city
utilities. Sanitary sewer will serve the townhomes via Marie Avenue,
and the single family homes via Diane Road. Note that all costs
associated with serving the townhomes will be separated from the costs
to serve the single family homes, and all assessments likewise will be
separated. The cost of serving the townhomes with sanitary sewer will
be approximately $64,950, The cost to serve the 38 single family lots
will be approximately $98,690 $2,597 per lot.
Watermain
The townhomes and single family lots will be served by separate
water extensions (as shown on the drawing). The cost of serving the
townhomes will be $88,090. The single family lots will be served with
city water for a total cost of $110,590.
Storm Sewer
There are several different portions of storm sewer (See Drawing
No. 2). One portion (Part A) serves the townhomes only. Another (Part
B) serves the single family lots only. A third part serves both the
townhomes and the single family lots, and drains the park as well (Part
C) .
;
!',�71��[�7j1
Townhome� {Part Aj
S.F. Lots (Part B)
Comman portion (Part C)
TOTAL DEVELOPMENT ST4RM SEWER
COST
$30�940
$39,910
$51,430
$122,280
In addition to these storm sewer casts there are other starm costs
possible for an upgrade af a presen� system. When the Marie and Burraw
pond were designed �'or �torm water retentian, a storm water li�t
stata.on was installed to keep the level of Marie Park Pand fram
floading the adjacent homes. However, the liit station was in�talled
as a temporary salu�ion until the McCloud property, now under
consa.deratian, was develo�ed and so a�ermanent c�ravity storm system
could bed.'Staf� has examined the existing situat�.on, taking into
account the pending iaw suit, and has aome up with several optians {see
Drawing No: 2). , •
"Marie Pond Op�ion I" i.s to da nathing, leave the system as i.s.
The problem with this is that there is the possibi].ity of further
flooding af the Carey hame on Douglas Road'. "Marie Pand Optian II" is
�o fi11 in the yard of this home. The home is walk out, but the yard
is really only suitable for an at grade house, so this has created the
problem. By filling in the yard the hame would lose it's walkout
capabilitx, but all risk of further flaoding would be eliminated. The
cast of f311ing in the lot, and modifying the home wou].d be about
$30,000 if the homeowner were cooperative. Anather option, "aption
III", wauld be a less camplicated option to im�rlement. Th3s option
invalves building a berm along city praperty w�.th a one way flow valve.
This berm wauld l�eep all �ond water on City praperty, and allow the
resident's lot to retain zt's own water until the storm pa�sed. The
cost of this option woul.d be abaut $10,000. The problem with all these
optians is �hat the lift statian must remain in service, which means
cantinual yearly maintenance and aperating casts.
The final option, "Option IV°, wauld entail pipinc� the water from
the Marie Park Pond ta the new pond created in Vic�oria Hic�hlands Park.
This is the ultimate plan configuration from back when Mar�.e Park Pond
was designed. With this aption the li�t statian could be abandaned or
�alvaged. The anly drawback. is the cost. It will cost a proximately
$92,000 for extra storm pipe and oversizing, but raughly �30,000 of
this would,be offset by the reduction in annual lift statian costs.
* s �
I, Do Nathing
II. Fill Carey Lot
TII.Berm Carey Lot
IV. Gravity Starm
C4ST
$3d,000
$10,000
Swr $92,404
ADVANTAGEIDISADVANTAGE
Nane/Passible Future Flooding
No future fioodsjCooperation
n n
No floads or L. StationJGost
Council must decide which option is best; note the funding options
avail.able under the Assessment section of this report.
Streets
Th� townhomes and the single �amily lats have separate stree�
s�stems. The townhomes will be served by a private street system. The
City will canstruct the streets and assess the developer, then the
streets will revert back to the developer and become private. The cost
of constructing the private street system as shown on the drawing, will
be approximately $106,570. The streets serving the single family lots
will be standard city s�reets, 33 feet wide, The cost of constructing
the streets for the single family lots as shown will be $151,000.
Victoria Highlands Cost Summarv.
UTILITY
Townhome Sanitary Sewer
5ingle Family Sanitary Swr
Townhome Watermain
Single Family Watermain
Townhame Storm sewer (ptA)
'Single Family Storm Sewer (ptB)
Common Storm Sewer {ptCj
Townhome Streets
Single Family Streets •
TOTAL HIGHLANDS COST
Marie Park Pond
$64,950
$98,690
$88,090
$110,590
$30�940
$39,910
$51,430
$106,570
$151,000
$742,170
0 to $�2,000
Assessments
In addition ta the pra�ect casts, there are some deferred
�assessments that mu�t be paid aff ar brought current. There is
$98,435.46 in deferred assessments and interest on the developed
property that are naw due. In addition there is $80,664.39 in de�erred
assessments of �uture paXments that staff recommends be reassessed (see
Kathy Swansan's memo, "Victoria Highlands Assessment Deferments",
enclosed in this council packet for additional infarmation).
All the sanitary sewer, watermain, street, interior storm sewer
and deferred as�essment costs will be assessed to the townhomes and
single family lots. The deferred assessments and common storm sewer
cost� can be split pro�ortionately based on the number of lots in the
townhome and S.F. partion of the development. The total assessed
amount and per unit or lot assessment for each por�ion is shown below.
P4RTION CONSTRUCTI�N DEFERRED TOTAL � UNITS CO�T PER
COST ASSESSMENT UNIT
COST
Townhomes $314,060 $36,875 $350,935 33 $1Q,970
�.F. Lots 428,110 43,790 471,900 38 12,420
TOTAL $742,170 $80,665 $822,835 70
. ;
The different options far addressing the Marie Park Pond i�sue each
have a different me�had for covering the costs. Option I, the Do
Nothing option, wi11 not require any additional funding. Option IS or
Optian III, �illing ar berming of the Carey lot will require between
$10,000 and $30,000 of �unding. This funding could mast easily be
covered by General Obligatian Fund. The drainage district consist� of
over 300 lots, so it would be a majar task to assess far this work.
Option IV, the gravity storm system, will have roughly $62,000 of
needed funding a�ter realizing the cost savings from remaval of the
lift station. This additional funding could come from assessments to
the property owners in the drainage district.� Alternatively, it could
be realized �rom a combinatian of funding sources. About $25,000 of
the required $62,000 could come from a special Park fund, due to the
enhancement of the p�rk from reduction iri flooding. The remaining
$37,000 could be covered by general obligation bonds. This is
justified by the fact that the City charges 2� over the actual interest
rate on the project bond; the additional interest charges of.. 1� o� the
entire principal will more than cover the $37,400 taken fram G.O. The
advantage of this is that'the very difficult and expen�ive task of
assessing 300+ homeowners (many who have been previausly a�sessed �or
storm sewer on up ta three separate optians) cauld be avaided.
RECOMMENDATI�N
Staff recammends Cauncil do the fallowing:
* Approve the reassessment of the deferred assessment� on the property
to be develaped {as discussed in Kathy Swanson's Mema)
* Select an option for addressing the Marie Park Pond {Staff leans
towards aption IV, the gravity storm sewer option).
* Select a Funding method for the �elected Marie Park Pond option, and
order a Feasibility Hearing if the option chosen requires it,
* Approve the Feasibility Report.
ACTION REOUIRED:
If Council desires to implement the staff recommendations and
selects option IV for Marie Pond with no assessmants they �hould pass a
motian adopting Resolution No. 8?- , RESOLUTION ACCEPTING ENGINEER'S
REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND
SPECIFICATIONS FOR SANITARY SEWERS, WATER, �TORM SEWERS AND STREET
IMPROVEMENTS TO SERVE VICTORIA HIGHLANDS (TMPROVEMENT N0. 87, PROJECT
N�. 7j.
Tf Council desires to implement th� staff recammendatian but
wishes to use asSessmen�s ta cover storm sewer costs they should pass �
motian adopting Resolution No. 87- , RES4LUTION ACCEPTING ENGINEER'S
REPORT AND CALLING FOR HEARING ON PROPOSED SANITARY SEWER, WATER, STORM
SEWER, AND STREET IMPROVEMENTS TO SERVE VICTORIA HTGHLANDS SUBDIVISION
(TMPR4VEMENT NQ. 87, PROJECT Nfl. 7}
City of Mendota Heights
Dakata County, Minnesata
RESOLIITTON N0. 87-
RESOLUTIQN ACCEPTING ENGTNEER'S REP4RT, ORDERING IMPROVEMENT AND
PREPARATION OF PLANS AND SFECIFICATIONS F4R SANITARY SEWERS, WATER,
STORM SEWERS, AND STREETS TO SERVE VICTORIA HIGHLANDS SUBDIVISION
{IMFROVEMEN'I' N0. 87, PROJECT N0. 2)
WHEREAS, the City Engineer has submitted his repart to the City Cauncil with
respect to the proposed construction of the followa,ng improvements to serve
Victoria Highlands Subdivision, to-wit:
The construction of an extensian to the City's sanitary sewer system,
including appurtenances and inciden�als thereto, and the acquisition of
easemen�s, and the reconstructian where necessary of streets and ease-
menC in the areas hereinafter more particularly described.
The construcCian of an extension ta the City's storm sewer system,
including appurtenances and incidenGals Chereto, and Che acquisition of
easements, and the reconstruction where necessary of streets and ease-
ment in the areas hereinafter mare particularly described.
The construction of an extension to the City's wa�er distribution
system, including appurtenances and incidentals there�o, and the ac-
quisitian of easesnents, and the recanstruction where necessary of
streets and easement in the areas hereinafter more particularly des-
cribed.
The construction street improvements consisting oi the acquisition of
easements and the grading, stabilization, drainage and bituminaus
surfacing, and the construction of concrete curbs and gutters on the
streets to be situated in the area hereinafter mare garticularly
described.
WHEREAS, Marvic Company, develaper of the praperty, has heretofare in writing
getitioned the Ci�y Cauncil. of the City of Mendota Heights requesting the
above described improvemen�s and in said petition requested that the entire
cost of said improvements be assessed against said property; and
WHEREAS, the City Engineer reported that the proposed improvement and construc-
tian thereof were feasible and desirable and further repar�ed on the gropased
costs of said improvements and consCruction thereof; and
WHEREAS, the area proposed to be assessed for said improvements is situated
within the City af Mendota Heights in Dakota Caunty, Minnesota and is more
parCicularly described as follows:
Victoria Highlands Subdivision
NOW THEREFORE, IT IS HEREBY RESOLV�D by �.he City Council of the City of Mendota
Heights, Minnesota as follows:
1. Tha� it is advisable, feasible, expedient and necessary that the City of
Mendota Heights construct the abave described impravements, and it is hereby
� ordered that said improvement be made.
2. That the City Engineer be and he is hereby authorized and directed to
, prepare plans and specificatians for said improvement.
3. Tha� said improvement shall hereaf ter be known and designated as Im-
provement No. 87, Project No. 7.
; Adopted by the Ci�y Cauncil of the City af Mendota �eights this 15th day af
iDecember, 1987.
i
� � CITY C4IINGIL
CITY OF MENDOTA HEIGHTS
��
' BY
AT'TEST: Charles E. Mertensotto, Mayor
Kathleen M. Swanson, City Clerk
City of Mendata Heigh�s
Dakota County, Minnesota
RES4LUTION N4. 87 -
RESOLUTION ACCEPTING ENGINEER'S REPORT
' AND CALLING F4R HEARING ON PROPOSED SANITARY
SEWER, WA'TER, STORM SEWER, AND STREET IMPRQVE-
MENTS TO SERVE VICTORIA KIG�iLANDS SUBDIVISION AND
� � ADJACENT AREAS (TMPROVEMENT N0. 87, PROJECT N0..7)
' WHEREAS, the City Engineer has submitted his report to the City Council
with respect ta the grogosed construction af the follawing improvements
to serve VicGoria Highlands Subdivision and adjacent areas, to-wit:
The construction af an extension to the City's sanitary sewer
system, including�appurtenances and incidentals thereto, and the
acquisi�ian of easements, and the reconstruc�.ion where necessary
of streets and easementsin the areas hereinafter more particularly
• described.
The construction of a storr� sewer system including appurtenances
and inca.dentals thereto and the acquisition of easements, in and for
' the area hereinafter more particularly described.
The construction of an ex�.ension to the City's water distribution
system including appurtenances and incidentals thereto, and the acqui-
sition of easements, and the reconstruction where necessary of streets
and easements in the area hereinafter more particularly described.
The construction of street improvements consisting of the acquisi-
tian of easements and the grading, stabilization, drainage and bitumi-
nous surfacing, and the construction of concrete curbs and gutters on
the streets to be situated in �he area hereinafter more particularly
described.
WHEREAS, the area proposed to be assessed far said improvements is
situated within the City af Mendota Heights in Dakota Coun�y, Minne-
sota, and is more particularly described as follows:
oi15
Areas north of Trunk Iiighwy 11Q, North Frantage Road, ease of
Lexington Avenue, west of I-35W, and south af Douglas Road.
WHEREAS, in �aid report said City Engineer reported that the proposed
impravements and constructa.on thereaf were feasib�.e and desirable and
furCher reported on the proposed costs af said improvements.
NOW THEREFORE, IT IS HEREBY`RESOLVED by Che City Council o� the City af
Mendota Heights, Minnesota as �ollows:
1. That the repart of said City Engineer be and is hereby re-
� � ceived,
2. That a public hearing on said improvements be held on Tuesday,
January 5, 1987 at 7:45 o'clock P.M. at the Mendota Heights City
, Hall 750 South Plaza Drive in the City of Mendota Heights.
�, 3. That the City Clerk, with the aid and assistance of the City
; Attorney, be and is hereby authorized and directed to prepare a notice
` of said hearing and to cause said notice to be published and mailed to
the owners of the property situated within said area, all i� accordance
with applicabl� Minnesota Statutes.
; '
Adopted by the City Council of the City of Mendota Heights this 15th
; day of December, 1987.
; . CITY COUNCIL
' • � CITY OF NIENDOTA HEIGHTS
r
By • •
Charles E. Mertensotto, Mayor
ATTEST:
Kathleen M. Swanson
� City Clerk .