2018-08-28 Council Work Session MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the City Council Work Session
Held August 28, 2018
Pursuant to due call and notice thereof, a work session of the City Council, City of Mendota
Heights, Minnesota was held at the City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
CALL TO ORDER
Mayor Garlock called the meeting to order at 1:35 pm. Councilmembers Duggan, Petschel,
Paper were present. Absent was Councilmember Miller.
Also present were: Mark McNeill, City Administrator; Cheryl Jacobson, Assistant City
Administrator; Ryan Ruzek, Public Works Director; Tim Benetti, Community Development
Director; and Andy Pratt, City Attorney.
DISCUSSION OF DEVELOPMENT AGREEMENT FOR THE ORCHARDS PLAT
City Administrator McNeill reviewed the outstanding issues and changes to the Developer's
Agreement for the Orchard Plat. McNeill reported that the developer's earlier request for an
exemption from the requirement to provide fire sprinkler systems in each home has been
withdrawn.
McNeill noted that the agreement limits hours of operation from 7:00 a.m. to 7:00 p.m., Monday
through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. Work on Sunday would require City
Council approval. Council and staff noted that the hours of operation included the mobilization
of equipment.
Council and staff noted that the developer has been issued one citation for violation of hours of
operation. Councilor Petschel noted the importance of having complaints and citations on the
record and encouraged neighbors to call the police for hours of operation violations.
City Attorney Pratt defined chronic violations as provided for in the agreement. Pratt referred to
Section 5 of the agreement and reviewed available remedies and process.
Councilor Duggan suggested and staff agreed to add to the emergency access language the word
"and" before maintain emergency access in and to remove "as all time" at the end of the
sentence.
Public Works Director Ruzek explained changes to the warranty language in the agreement. The
agreement includes a two year warranty period, which is a modification from the original
language.
Councilor Petschel asked about responsibility for repairs to existing streets. Ruzek replied that
repairs would be the responsibility the developer.
A resident noted a large pond near her fence and inquired whether it was supposed to be there.
Ruzek replied that the final grading plan did not identify any type of water feature.
Councilor Petschel asked about potential builders for the development and what type of homes
will be built. McNeill noted that there are 18lots platted, but said that the developer had
reported interest from buyers to purchase more than one lot for a home. Community
Development Director Benetti reported that there are two or three builders have been identified
by the developer. He said that homes will have an estimated cost of $1 million.
Councilor Duggan asked about the City's opportunity to see individual home plans in advance of
construction. Benetti responded that building permits are not normally reviewed by the Council.
Ruzek noted that the homes will be custom built homes. Councilor Duggan then asked if staff
will coordinate with the builders on the type of homes being built and stated that the character of
the neighborhood is key.
Councilor Petschel noted that if the requirements are fulfilled and city guidelines are met the
City does not have control over what is built. If there is no variance requested, then there is no
approval of the home being built. McNeill stated that it is the buyer's choice. Councilor
Duggan commented to push buyers to be creative and interesting, in terms of architectural design
and landscaping.
Discussion was held about staff involvement in the types of houses that would be built in the
development. Councilor Paper noted that trends are followed and a variety of homes already
exists. Councilor Duggan suggested that reasonable standards should be expected, and staff
should ask buyers to make small changes, as necessary.
A resident inquired as to why, with the death of the original applicant, the process didn't start
over, and why weren't the residents notified of the lawsuit. Pratt replied that the applicant was
Royal Oaks LLC, the corporate entity of the project, not an individual applicant. McNeill noted
that specific notifications to residents of litigation involving the City was not something that the
City typically did. Mayor Garlock noted that the Council had publically stated that the City
was in litigation during summary statements of meetings during City Council meetings.
Councilor Duggan asked that copies of Developer's Agreement be made available. McNeill
noted that this item and a final version of the Agreement will be included in the Council packet
for approval consideration at the September 4 City Council meeting, which begins at 7:00 p.m.
A resident commended the Council for staying on top of the car lights issue and the home at the
end of the road, and that the Council's efforts to achieve a resolution were appreciated.
Discussion was held regarding screening for those homes that have car headlight intrusion issues,
August 28, 2018 City Council Work Session Page 2
given street placement. Staff was directed to inquire about asking the Developer again about
screening landscaping for the one house impacted by lights.
Ruzek noted that City may be able to do something regarding screening landscaping in the right
of way. Councilor Petschel responded favorably to the suggestion.
Mayor Garlock adjourned the meeting at 2:30 p.m.
Qom. yS
Neil Garlock
Mayor
ATTEST:
Lorri Smith, City Clerk
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