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1992-07-07 Council minutesPage No. 3329 July 7, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 7, 1992 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, 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, Koch and Smith. AGENDA ADOPTION Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the June 16, 1992 regular meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Blesener moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the June 23, 1992 Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for June. c. Acknowledgment of a letter from Wensmann Homes withdrawing its planning pre- application review request. d. Approval of the award of contract for installation of storm sewer, sanitary sewer and water service to Kensington Park to R.P. Utilities for its low bid of $29,960.00; award of a contract for construction of bituminous parking lot with curb and gutter and 8 foot wide bituminous trail for Kensington Park to McNamara Contracting, Inc., for its low bid of $38,862.50; and award of the Page No. 3330 July 7, 1992 contract for Kensington Park fine site grading, common excavation and spreading of topsoil to Steininger Construction Company for its low bid of $35,400.00. e. Award of bid for five soccer goals to Minnesota Playground, Inc. for its low quote of $6,603.00. f. Adoption of Resolution No. 92 -40, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR MENDOTA HEIGHTS BUSINESS PARK II(LENNOX, IMPROVEMENT NO. 92, PROJECT NO. 3 ) .11 g. Authorization for staff to solicit requests for proposals from architects for design of the Public Works Garage expansion. h. Acknowledgment of requirements for auxiliary aids for persons with disabilities and adoption of language for use on all city agendas and all mailed public notices. i. Approval of a joint workshop with the Planning Commission to be held on September 29th at 7:30 p.m. j. Acknowledgement of a memo on enforcement of the park ordinances which prohibit horses from improved areas of parks and trails. k. Authorization to sell the 1985 and 1987 engineering and code enforcement vehicles as surplus equipment and to convert two surplus 1990 squads for use by those departments. 1. Adoption of Ordinance No. 286, "AN ORDINANCE PROHIBITING PARKING AT 1445 MENDOTA HEIGHTS ROAD AND CROWN POINT FRONTAGE ROAD." m. Authorization to Mr. Dick Braun, 1810 Delaware Avenue, West St. Paul, to connect to the city's water system conditioned upon submission of a $2,772.00 connection fee. Page No. 3331 July 7, 1992 n. Approval of the list of contractor licenses dated July 7, 1992 and attached hereto. o. Approval of the list of claims dated July 7, 1992 and totalling $954,764.63. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Virgil McQuay was present regarding the use of city trails. He stated that rules for trail use are not posted on the trails and they are not being used safely, as an example, bicyclists are travelling to fast. Administrator Lawell responded that there are no usage rules for the trails but that stop and hazard signs will soon be installed and enforced. An unidentified member of the audience stated that the trails are not suitable for mixed bicycle /pedestrian use and that bicyclists must be very cautious because of clusters of pedestrians. Mayor Mertensotto directed staff to do research on trail usage rules and publish an article in the next newsletter to remind trail users to exercise common courtesy and proper trail usage. DOWNTOWN MENDOTA Council acknowledged a report from Public HEIGHTS Works Director Danielson regarding Dodd Road /T.H. 149 intersection improvements and a report from City Planner John Uban informally reviewing sketch plans for elderly housing on a parcel north of T.H. 110 on unused T.H. 149 right -of -way submitted by Brian Birch. Council also acknowledged a letter from Mn /DOT Planning Engineer Robert Brown regarding Mn /DOT review of a concept for a diamond interchange at T.H. 110/149 submitted by Mr. Birch, finding that the concept does not meet Mn /DOT standards. City Planner Uban stated that in a 1985 study his firm reviewed how the downtown area might develop and improvements to the intersection. Since that time some things have changed - traffic is using the interstate'system, etc., but there remains a concern over good Page No. 3332 July 7, 1992 circulation within the community. For this reason his firm was directed to review the findings of the study in May, 1992 and presented at that time what appears to be the best solution. He informed Council that the alternative his firm finds to be the best is crossing over T.H. 100 with a bridge. The proposal offers good north /south circulation that does not have to stop for highway traffic and is safe, yet still allows the existing intersection at T.H. 110/149 so that all commercial traffic can continue as it does today but takes pressure off of the intersection. The proposal would increase the capacity and safety and minimize the stacking distance at the intersection. Secondly, his firm looked at access - how would the new land which would be opened up for development (Mn /DOT right -of -way) be accessed. Through a process involving Mn /DOT, the old right -of -way can be returned to the prior owner or through a bidding process could be opened for development in all four quadrants of the bridge crossing. He stated that the city wants to be sure that enough right -of -way remains to accommodate a compact diamond interchange in the future if needed. Responding to a question from Mayor Mertensotto, Planner Uban stated that the traffic level at the intersection in 1990 was 19,000 trips per day on T.H. 110 and about 6,000 trips per day on Dodd. The bridge proposal would divert about 4,000 trips from the intersection. Mayor Mertensotto noted that Mn /DOT forecasts as high as 50,000 trips per day on T.H. 110 by the year 2000. Councilmember Smith stated that the drawing shows access just to the north of the future ramp. She stated that should the ramp become necessary it would clearly impact any development that would occur in the area. Mr. Uban responded that the actual design would be carefully reviewed before any development is approved in the future. Mayor Mertensotto asked for questions and comments from the audience. Dr. Ted Chao stated that about 10 years ago Mn /DOT told the residents that Dodd Road would be swamped by cars, and the Mayor has Page No. 3333 July 7, 1992 l mentioned a 50,000 car projection. He did not believe that the projections are correct. He asked what happens, on the Dodd Road relocation plan, where the new road meets Dodd south of T.H. 110 and whether the city is willing to spend such a considerable amount of money and time because of the Mn /DOT projections. Mr. Uban responded to the relocation plan questions. Mayor Mertensotto stated that regardless of whether the projections by Mn /DOT are right or not it is improtant, if a bridge is to be constructed over T.H. 110, that enough room is left for a diamond. He further stated that in the past there were many deaths and accidents at the intersection. With I -494, the trucks are off of Dodd and there has been a big improvement in the accident rate. While Council hopes that this continues, if traffic is again to increase it would be a very dangerous intersection. He pointed out that the city would be trying to build the bridge using MSA funds. Public Works Director Danielson stated that the city would ask Mn /DOT to redesignate T.H. 149 along the new route. Mr. John Streeter, representing Paster Enterprises, stated that his firm was first introduced to the study by city staff about three weeks ago and that his firm was not involved in any of the planning process. Mr. Streeter stated that from what he has read of the study he believes a good job has been done and he supports the proposal. Mr. Ed Paster stated that he recognizes that there are several problems getting into the shopping center and is very happy to see the work that has been done on the problem. He stated that he and Mr. Streeter are only speaking in favor of the project on behalf of Paster Enterprises. Councilmember Cummins asked Mr. Adele Lare, from Mn /DOT, what Mn /DOT proposes to do if the proposed project is not approved. He also asked if anything can be done in the current alignment if traffic levels reach the projected levels. Page No. 3334 July 7, 1992 Mr. Lare responded that Mn /DOT bought the T.H. 149 right -of -way because it wanted to realign the intersection. When the volumes reach 50,000 trips per day, Mn /DOT will have to look at a realignment. Mr. John Lapakko stated that about five years ago there was a citizen group involved and it was determined that there would be no changes. He stated that he has lived at his current address for 18 years ago and before he bought his lane there was right -of -way for realignment of Dodd. He was concerned that there will be access going north on Dodd (if the bridge is constructed) but nothing will have changed if the intersection of Dodd and T.H. 110 remains. He pointed out that there will still be accidents and asked what affect the change would have on fire response time. He suggested that a bicycle /pedestrian bridge would be a better alternative. Mayor Mertensotto responded that there is absolutely no safe way for pedestrians or bicyclists to get from the north side of T.H. 110 to the south or the reverse and that Council has looked at a pedestrian bridge and found that there is very little usage of such bridges unless they are put on a roadway. Councilmember Blesener stated that Council's objectives are somewhat different from what they were in 1985. The goal is to provide better access to all citizens, not necessarily better through traffic, although Council wants a safe intersection at T.H. 110, but also because it wants to a provide safe bicycle /pedestrian crossing. She stated that Council has no intention of removing the intersection, which would only be done in the future if it is absolutely necessary for safety. She pointed out that Council just wants to reserve right -of -way for the future potential. One of the major objectives in 1985 was to create a commercial area and provide a road for that area - the objective now is to provide a safe crossing over T.H. 110 while the right -of -way is still available. Councilmember Cummins stated that the alternative in 1985 was to loop the road through Friendly Hills. Council is not talking about that type of alignment now - the current proposal does not impact Friendly Page No. 3335 July 7, 1992 Hills at all, which is a significant difference from the 1985 proposal. Mr. Brian Birch stated that he is appalled at what is proposed and that it sounds like a whitewash. He felt that almost no real engineering work has gone into the proposal and stated that he only received information from the city yesterday. Mr. Birch stated that since receiving the report he has put together a plan that will give credence to some new work in the area and maintain the original task force goals. He informed Council that he has met with all of the business operators in the shopping center, but not Mr. Paster, and the business owners north of T.H. 110 and did not find anyone who knew anything about what is proposed. He noted that a recent newspaper article stated that the project cost would be $2 million but that it would actually cost $6 million according to information he received from Mn /DOT. He stated that Mn /DOT liked his plan better than the city's and that the city must not deviate from the goals of the 1985 task force. He suggested that an environmental study done in 1985 would prevent the plan and stated that the city has not contacted the Dodge Nature Center. He felt that the area adjacent to the nature center should be preserved for the future. He also stated that he would not benefit from the proposal and that he could develop the right -of -way adjacent to his property for commercial use. He felt that the plan is bad for the city. Mr. Birch asked Mr. Lare to respond to his proposal to but an overpass at T.H. 100 at its existing intersection. He stated that Mr. Paster did not take into account those who rent from him and the impact the proposal would have on their business. He stated that a diamond interchange in the future would give them no visibility and suggested that the plan be dropped. He further stated that all that needs to be done is to put in an overhead pedestrian /bikeway across the intersection at much less cost. He stated that he has proposed, on his plan, a five lane wide expansion to the intersection using Mn /DOT standards, which puts it at a few feet from the middle entrance to the shopping center. Page No. 3336 July 7, 1992 In response to Mr. Birch's comment about just having received the information from the City, Mayor Mertensotto stated that Mr. Birch has known about the proposal for six months and has had input in the matter. He further stated that nothing is cast in concrete and that Council is talking about a concept it is exploring. Mr. Tom Norman stated that he would be concerned where Freeway Road crosses the new Dodd in the future. He asked whit kind of intersection it would be and requested that some of the neighbors in the area be contacted for input when further ideas are put forth. Mayor Mertensotto stated that everything came about because Mr. Birch has been negotiating with Mn /DOT for rights to the right -of -way. When Mn /DOT turns back the right -of -way Mr. Birch would have the first right to purchase the right -of -way at market value. Mayor Mertensotto stated that Council asked the City Planner to take a look at a concept now because Mr. Birch has been putting pressure on Mn /DOT to release the land. He further stated that something must be done now if the city is to retain the right -of -way for the future, otherwise Mr. Birch will develop it commercially. Mr. Birch responded that it is his intent to buy the land and develop it. Mayor Mertensotto stated that this is the only chance the city has to do something in terms of planning for the future before Mn /DOT releases the right -of -way. Mr. Birch stated that to build the intersection and roadway would violate almost every one of the 1985 task force committee goals. Mr. Chuck Tuomy, operator of the Amoco Station at the intersection, stated that he has operated the station for 25 years. He stated that he was invited to City Hall last week to review the plan with city staff and was concerned about access to T.H. 110 at the new location. He stated that he has seen at least four proposals for improving the intersection during the past 25 years and that overall, the plan currently being presented is the best one. He further Mn /DOT will pay Mn /DOT has given informed Council plan. Page No. 3337 July 7, 1992 stated that he hopes that for the project, and asked if its approval to the plan. He that he does not oppose the Mayor Mertensotto responded that it has not, that the plan is concept only at this time and if it is approved by the city, Mn /DOT will come up with a land disposition plan to accommodate the city needs. Dr. Tom Koepke stated that he owns the animal hospital at the intersection of Dodd and Freeway Road. He stated that the concept looks fine to him and that he would hate to see the city give up the right -of -way that is available today just because the plan might not be feasible today. He pointed out that in 1985 the Methodist Church had not been built and all the land behind the church and along Marie Avenue had not been developed. In the next three or four years, the city be fully developed, and he felt that at this point the city needs to at least leave that the right - of -way open, the way it is if nothing else, so that if traffic patterns do change in the future the land will be available. He stated that he would hate to see Dodd Road cut off from T.H. 110 because it would hurt his business, and this may not occur, but at least the city needs to leave open the option it has so the land is available for future needs. Mr. Chuck Phillips, from Fina Oil, stated that he received a letter from the city about this evening's meeting on July 2nd. He stated that the proposal has a substantial impact on his business yet he had no input into the planning process. He stated that his business depends on traffic and the proposal clearly diverts traffic from his facility - as Mr. Uban had indicated, 6,000 vehicles per day would be diverted to the new roadway. He stated that it is fundamentally wrong that he was not given more notice. He further commented that he will need to have his engineers analyze the proposed plan and the impact it will have on his business. Mayor Mertensotto stated that Council talked about notifying the property owners at least sixty days ago with respect to the concept under consideration. Page No. 3338 July 7, 1992 Administrator Lawell stated that the FINA notice was hand delivered to the operator of the facility. He pointed out that although it appears some people think that the proposal is a "done deal," that is not the case - the proposal is only concept, and the purpose of the meeting this evening is to receive public comments. He stated that staff would certainly meet with anyone who would so desire. Mr. Phillips stated that he was not consulted as to what he thinks of the design, and that although he is present to discuss the matter this evening he had no input into the plan currently being discussed. Mr. Bob Swenson stated that he has lived in Friendly Hills for 31 years and is a pedestrian going through the intersection at least four times a week. He challenged the conclusions made in the report, stating that the pedestrian traffic is children from the populated areas to the south and east of the shopping center going to McDonalds and Snyders, who are not being forced to cross a highway now. He felt that the accident rate would increase under the proposed plan and that the plan should be abandoned for a better solution, perhaps by moving the intersection and building a cloverleaf. He suggested that Council seriously look at updating the existing intersection, whether that be by an overpass or underpass. Mayor Mertensotto responded that the cloverleaf idea has been considered by Mn /DOT many times and there is no way that it can be accomplished and that underpasses are generally frowned on. Mr. Don Pendergrass, 706 Roundhill Road, stated that if Council is really concerned about pedestrian and bicycle traffic they would have no way to get to the intersection under the proposal. People would have to go through two additional intersections and not have improved access except for those who want to come from the north of the intersection to the shopping center. He suggested a diagonal bridge, without a spiral ramp, from the shopping center. Mr. Pendergrass also stated that he believes the area is within a wetlands Page No. 3339 July 7, 1992 and the city would be hard pressed to put anything in the wetlands. Councilmember Cummins asked where the $2 million cost estimate came from. Public Works Director Danielson responded that, based on the planning documents, the initial estimate was arrived at by staff and Mn /DOT. Councilmember Cummins asked Mr. Lare if there is any urgency on Mn /DOT's part to dispose of the right -of -way and if Council could delay a decision for the next few years. Mr. Lare responded that there is no urgency except that Mr. Birch.wants a decision from Mn /DOT. Mn /DOT would like to either dispose of the right -of -way or at least know what the future use of it will be. Councilmember Cummins asked if the city were to indicate that it would like to continue its current approach as an option for some years into the future would it be Mn /DOT's intent to release the land south of the plan area, and further asked what the cost would be to the city if it were to exercise the proposed plan. Mr. Lare responded that Mn /DOT would probably release the southerly right -of -way and that there would be no cost to the city for the right -of -way that would be used for roadway purposes. Mayor Mertensotto asked Mr. Phillips how much time he would need to prepare a written response. He suggested that the matter could be held open, pointing out that it is simply a concept plan that Council is thinking of as a viable option for the future. He stated that there are no construction plans and Council welcomes public comments on the matter. Mr. Phillips stated that he would appreciate 60 days for a response. He expressed concerns about the discussion - what is the real need, and the reduction in traffic to his business. Councilmember Cummins stated that he has urged Council to move forth on a decision on whether to retain the right -of -way for future options because he felt Mr. Birch deserves a decision. If Council believes it is in the best interest of the city to retain the right -of -way, Mr. Page No. 3340 July 7, 1992 Birch should be so advised. He stated that for the past six or seven years problems at the intersection have been considered and no one has come up with a good alternative to what is proposed in order to get people safely into the shopping center. He further stated that Council does not intend to vote on the plan this evening but that he thinks it is in the city's best interest to keep the plan open for the future. Councilmember Smith moved to continue for sixty days the discussion on reserving the right-of-way to allow written comments to be submitted. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 FAITH CHURCH OF GLORY Council acknowledged a request from the Faith Church of Glory for renewal of a special non- conforming use permit to allow church use in the Dakota Business Plaza (Ralph Linvill property). Administrator Lawell informed Council that the legal counsel for Mr. Linvill has contacted him to request that the matter be continued to July 21st. Discussion on the matter was tabled to July 21st. CASE NO. 92-21, KROHN Mr. Arnold Krohn, 508 Huber Drive, was present to request approval of his application for variance to the fence height and opacity requirements for a six foot solid board fence he proposes to install in his side yard abutting Delaware Avenue. Responding to Council questions, Mr. Krohn stated that the fence would be about 210 feet long and will be located west of the existing vegetation along Delaware. Councilmember Blesener pointed out that the Krohn yard is developed up to the vegetation line along Delaware. She asked how much of the fence would be visible above the existing vegetation. Mr. Krohn responded that some length of the lot along Delaware is bare. He stated that the berm along his property is relatively level and about road height - the property is below road height. Lilacs will be planted Page No. 3341 July 7, 1992 along the road side of the fence for appearance purposes as recommended by the Planning Commission. He stated that the purpose of the fence is to block traffic noise and visibility. Mayor Mertensotto stated that 210 feet is very long for a solid board fence especially if the fence is placed on top of a berm. Mr. Krohn responded that the lot is 290 feet deep and that traffic noise is heard well before and after traffic is at the intersection. Responding to comments from Councilmember Cummins relative to the Planning Commission recommendation for approval, Mrs. Krohn stated that some of the Commission members came to the house to listen to the traffic noise. Mr. Krohn stated that the City Planner agreed that the traffic in the area has increased and the proximity of the home to Delaware poses a hardship. Councilmember Smith asked the Krohns to shield the fence in all areas that are not currently screened if the variance is approved. Councilmember Cummins moved to approve a height variance and a variance to required openness for a fence located in the front yard to allow a six foot board fence at 508 Huber Drive in the location proposed by the applicants, on the condition that the applicant plant lilacs on the road side of the fence, on the finding that a hardship exists because both the front yard and side yard of the lot abut on high traffic collector streets. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 IVY CREEK UPDATE Council acknowledged an update from Engineer Eckles on the proposed Ivy Falls Creek project, regarding completion of the Wenck report which examined the BARR Engineering and city staff findings on gabion structures and increasing the project area. Public Works Director Danielson reviewed the Wenck report, stating that the Wenck recommendation on side slope restoration Page No. 3342 July 7, 1992 through use of an erosion mat to stabilize and re- vegetate the side slopes would add about $40,000 to the project costs. With respect to increasing the project area, he stated that at the last meeting Council directed staff to determine how the area might be increased to include everyone within the storm water district, whose property benefits from the improvement, in an assessment plan in an effort to reduce the assessments against properties which abut the creek. Mr. Danielson explained how the area is proposed to be expanded, and informed Council that Engineer Eckles has looked at doing some improvements to some minor reaches of the creek and adding eight homes. He has also looked at removing the Ivy Falls First Addition reach from the project except for some minor construction repair work. This would remove the Abrahamson property from the project and would reduce the proposed assessments for the O'Brien and Peine properties. Mayor Mertensotto directed that copies of the report be mailed to the property owners so that they can respond in writing, if they desire, before the July 21st meeting. Mr. Bill Gacke, 1198 Fallsview Court, asked why 20% of the project cost must be assessed. Administrator Lawell responded that Minnesota Statutes, Chapter 475, requires the City to assess at least 20% of the total project cost if it plans to issue local improvement bonds to finance the project. Mr. Gacke asked for a copy of the statute and stated that 31 homeowners are being asked to bear 20% of the project cost even though 650 homes contribute water to the drainage district. He stated that he must lodge a protest because he views those proposed to being assessed as bearing too much of the burden. He further stated that the creek is overflowing because of improper drainage. Councilmember Cummins stated that it was his impression when staff was asked to explore the option to increase the area to reduce the cost to those on the creek that Council would be looking at adding more than eight homes to the Page No. 3343 July 7, 1992 assessment roll. He stated that if there is a reasonable argument that the 650 homes contribute to the drainage district could be included, that would be a rational basis to distributing the cost. He further stated that he is not persuaded that adding eight homes is particularly equitable. Councilmember Smith agreed, stating that including only eight more homes expands the pain but does not reduce the burden. She felt that the proposed project is a sewer improvement project and that she would like to explore more options for funding rather than an improvement to the creek that affects some property owners. She stated that the problem has been caused by development diverting water to the creek. Mayor Mertensotto stated that it is for this reason that Council is looking at undertaking 80% of the cost. He stated that this is a unique situation in which the city is trying to stabilize the creek bed, and obviously there are adjoining property owners who are losing property to the creek. He further stated that those on the creek would benefit from the stabilization of the creek, which would preserve their property. He pointed out that at least 20% of the project must be assessed. Councilmember Blesener stated that she thought after the last presentation that the number of households would be greatly expanded but on a smaller scale of assessment. She stated that she would like staff to look at the possibility again - a broader area to assesses. Mayor Mertensotto suggested that Council could consider a nominal amount of assessment since the proposed project would be a general improvement of a storm drainage area. Public Works Director Danielson stated that if the same philosophy for low benefit area assessments is used as was used when the other portion of the creek was improved, staff would have to struggle with where to draw the assessment line. He further stated that basically all of the properties contributing to the drainage have paid some type of assessment for storm sewer. Page No. 3344 July 7, 1992 Mrs. O'Brien, 1199 Fallsview Court, stated that she wrote to the city after being told by Engineer Eckles that he would suggest that her property and the Abrahamson property be removed. She pointed out that Public Works Director Danielson now says that the Abrahamson property will not be assessed but that hers will. She further stated that her property is not eroding and that her house does not abut on the creek - the Ivy Falls Homeowners' Association property does. She asked why only the three property owners on the reach have been targeted for assessment while the association has not. She informed Council that she pays annual dues to the association which pays the taxes and insurance on the property. She stated that she is not interested in paying an assessment for property she does not own. She further stated that the falls is open to the association members, who get access along her property, and that it is not a privilege to live on the creek. She felt that the other 97 members of the homeowners association should share in the improvement cost. City Attorney Hart responded that the city could levy an assessment against the property, but that he does not know how the property is taxed. He stated that in many cases property held by a homeowners association is pro -rated to those who participate in the association and it is also done with separate parcel identification numbers. He pointed out that the ultimate question is that of benefit, and that to the extent that access to the property is limited to certain home owners, it could be argued that it is a benefit to them. Mayor Mertensotto stated that the property would likely be forfeited if the common area land were to be assessed. Councilmember Cummins stated that he feels the Wenck report information is helpful and that it may be wise to spend the additional money for bank restoration and to hide the gabions. He asked whether notices have been mailed with respect to proposed assessments. Public Works Director Danielson responded that notices have been mailed but that everyone Page No. 3345 July 7, 1992 would have to be notified again for a later meeting. Councilmember Cummins stated that he is unsure whether Council should hold the hearing as scheduled and reject the proposed assessments or re-notice the hearing after getting additional alternatives. Public Works Director Danielson stated that staff is having great difficulty in drawing an expanded assessment area line. He suggested proceeding with the hearing and being prepared to respond to high benefit/low benefit philosophy used in the first creek project. Mayor Mertensotto stated that it has never been the position of the city to pick up any portion of storm sewer improvement costs - they are always assessed against adjacent property owners. He pointed out that in this case 80% of the cost is proposed to be carried by the city to recognize that properties other than those which abut the creek contribute to the drainage problem. Mr. Eric Miller, 681 Ivy Falls Court, stated that many of those in attendance object to the proposed assessments although many are in favor of the work being done, and that he understands that it cannot be done this construction season. He further stated that people will object when the hearing is held on July 21st but might not object two weeks later if the assessment area is expanded. He asked why Council would hold the hearing on July 21st when Council clearly is looking at an expanded assessment area. Mayor Mertensotto responded that if the hearing is opened on July 21st, it can be continued. Administrator Lawell stated that the city would be violating the required procedures if the hearing is not held on July 21st. He stated that those people who have received formal mailed notices could be notified that the hearing has been cancelled and an announcement would have to be made at the meeting of the 21st that the hearing has been cancelled. Page No. 3346 July 7, 1992 Councilmember Cummins stated that he thinks it would be prudent to cancel the hearing and work with staff to get a new proposal which reflects Council thinking. Councilmember Cummins moved to cancel the hearing which had been scheduled for July 21st for the Ivy Falls Creek improvement project, to direct staff to mail notices of the cancellation to all individuals who had been mailed hearing notices, and further to direct staff to continue to work on a stabilization project and assessment scheme more in line with the Council's discussion this evening. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92 -20, Council acknowledged reports from the City COMPREHENSIVE PLAN Planner and Administrative Assistant with AMENDMENT (PUTNAM respect to a proposed minor Comprehensive Plan PROPERTY) Amendment to change the designation for a 10.63 acre site (Putnam property) located at the southwest quadrant of T.H. 149 and Mendota Heights Road from HR -PUD to MR -PUD. Public Works Director Danielson stated that after the Rottlund proposal for development of the site was denied, the Council, on June 2nd, determined that it was necessary to look at what the Comprehensive Plan goals should be for the site and directed the City Planner to prepare a report addressing alternatives. The planner was specifically directed to look at MR -PUD, which is more consistent with development in the area. The planner prepared a report which addresses the site and the changes that have occurred since the 1985 Comprehensive Plan Amendment. Mr. Danielson reviewed those changes, and stated that the Planning Commission conducted a hearing on a proposed amendment, concurred with the planners report and unanimously recommended that the Council amend the Comprehensive Plan from HR -PUD to MR -PUD or less. Mr. Dick Putnam, owner of the subject property, stated that normally there is a proponent when land use changes are proposed to the city. He stated that he is not present to request a change to the Comprehensive Plan - the city has proposed it. He informed Council that he has spoken to retired City Planner Howard Dahlgren to see if he had Page No. 3347 July 7, 1992 reviewed the report and to ask for his comments. Mr. Dahlgren had not seen it although he is still somewhat involved in DSU and was the planner for the city for many years. Mr. Putnam stated that he has reviewed the report and has looked at the points that were raised and finds it difficult to understand what changes have occurred. He stated that there seems to be a strong feeling that the Patrick subdivision is a significant change that has affected his site, but that it is only significant to the Patrick site itself. There were originally two single family homes on the Patrick property when Mr. Patrick purchased it. Mr. Putnam stated that placing homes on top of the moraine that overlooks his site was ill advised. In terms of density, the only site developed under the prescribed density is the Patrick property, not Bridgeview Shores or Hampshire, and the reduction in Centex units was not a willing project. The site close to Delaware has always been intended for single family. He further stated that one of the biggest problems is that the building of $250,000 to $400,000 range homes in Bridgeview Shores has not been finished as it started, the homes in the second and third addition are much less expensive, and it was obvious to anyone who knows anything that the project would not be completed in the original price range. He pointed out that the reduction in density had nothing to do with the number of families but rather the reduction in square feet in the structures. He further stated that somehow the illusion is that there are some significant changes in the southeast area that have dramatically changed the traffic to the area. He informed Council that he had a traffic study done for the proposed commercial center and that the study showed that there never has been and never will be a traffic problem short of putting in a traffic at the intersection of Dodd and Mendota Heights Road in the future. With respect to park land, he stated that the Centex dedication was reduced by Council and was not the fault of the developer. He felt that there is not as much park land per acre or any other measure in Mendota Heights as there is in the southeast area. He stated that he finds it difficult to see that the southeast area does not have a reasonable park component as it compares to the rest of the city. Page No. 3348 July 7, 1992 Mr. Putnam stated that a number of issues are either confusing to him or do not jive with the facts he is aware of. The Administrative Assistant's report, says that HR does not make sense in airport noise zones 3 or 4, yet the airport encourages HR in those areas and discourages single family. He pointed out that it was very difficult to build single family homes in Hampshire under the noise attenuation ordinance requirements but was much easier to construct the Centex units under the requirements. He stated that there were a number of issues from a sound standpoint that indicated HR would be much better than single family. He felt that when the Metropolitan Council reviews the proposed amendment they will have comments on the noise issue. Mr. Putnam stated that what is most distressing for him is that he has done exactly what he has said he would do in all of the projects he has completed in the southeast area and has tried to do a project three time for the subject site, including elderly/commercial, and a neighborhood center and elderly housing proposal. After those proposals were rejected, he tried to get approval for an HR project under the Comprehensive Plan guidelines and that was not accepted. Mr. Putnam stated that it is frustrating when he is told to do something and does it and then gets denied. He stated that he has looked at a townhouse project, and a church related activity, including a training center, dormitory and office, and in his opinion those uses would not provide a service to the city and would in the future create more problems. He felt that the Rottlund project would have more success and that the project would be built and would meet ameed in the city - it would be geared to the needs of seniors in the city who do not have $200,000 to build. He informed Council that when he developed Copperfield 4th Addition, the former owner, Mrs. George Weed, told him her only option for remaining in Mendota Heights as she wanted to do, was to buy an Ivy Falls townhouse which was a great deal more money than she wanted to spent. He looked at the Rottlund project for that reason - to provide housing for seniors who wish to remain in the community. He stated that he would have made more money developing the land in townhouses but that he considered the matter Page No. 3349 July 7, 1992 and met with city staff and the planner and looked at the Centex site which is similar. He stated that he does not agree with what Council proposes to do and felt that changing the designation for 10 acres remaining in a 500 acre site is spot zoning. Mr. Putnam stated that his second plan for the site, the neighborhood center, should have been approved to provide the neighborhood with services it needs, and that he does not believe the proposed land use change is in anyone's best interest. Mayor Mertensotto stated that Council initiated that proposed amendment and sent it to the Planning Commission for review. Councilmember Cummins stated that he voted in favor of the Rottlund project and feels it was a good project but that it is apparent that the majority of the Council prefers a lower density. He further stated that consistent with the majority he would support the proposed resolution on the condition that the third paragraph be removed, that the fourth paragraph be amended to include after the words "Comprehensive Land Use Plan Amendment" the following language "for a certain 10.63 acre parcel depicted on Exhibit A attached hereto," and replacement of "Putnam Site" in the final paragraph with 10.63 acre parcel." Councilmember Blesener stated that she does not support the resolution and disagreed consistently with the Council on the proposals for the property. She felt that the most recent proposal was a very good proposal for the land and disagreed that there have been significant changes. She felt that the proposed action is in part a retaliatory action against the most recent proposal. Councilmember Smith stated that the proposed change is not a retaliatory measure and that a change was contemplated for the southeast area over a year ago. She further stated that there were findings of fact then and they are even more true today. Councilmember Smith moved adoption of Resolution No. 92 -41, "A RESOLUTION APPROVING A MINOR COMPREHENSIVE PLAN AMENDMENT," amended Page No. 3350 July 7, 1992 to incorporate the changes proposed by Councilmember Cummins. Councilmember Koch seconded the motion. Ayes: 4 Nays: 1 Blesener TAX INCREMENT POLICY Council acknowledged a proposed policy for usage of tax increment financing. Discussion on the matter was tabled to July 21st. TREE PRESERVATION Council acknowledged a memo from Administrative Assistant Batchelder regarding a proposal from the City Planner to draft tree preservation regulations. Assistant Batchelder reported that Dahlgren, Shardlow and Uban proposes preparation of a draft ordinance at a cost of $500 to $600. Councilmember Blesener stated that the purpose of such a policy would be to preserve trees in new developments. She questioned the need for such a policy given the very limited amount of developable land remaining in the city, and the level of consciousness for preserving trees. It was the consensus that the matter be discussed at the joint Council /Planning Commission workshop scheduled for September. PARK RESERVATION Administrative Assistant Batchelder reviewed POLICY his memo regarding a proposed resolution on park reservation recommended by the Park and Recreation Commission. Mayor Mertensotto suggested that the resolution be adopted as a guide for the balance of 1992 and revisited in 1993 to determine what success was experienced and make any necessary changes. Councilmember Blesener suggested that District 197 schools located in Mendota Heights should be added to paragraph F of Section III in the resolution. Assistant Batchelder proposed policy does which will be held a- stated that the Park intends to develop a policy. informed Council that the not cover tournaments t Mendakota Park. He and Recreation Commission proposed tournament Page No. 3351 July 7, 1992 Councilmember Blesener moved adoption of Resolution No. 92-42, "A RESOLUTION ESTABLISHING RULES AND RENTAL FEES FOR USE OF CITY PARKS AND PROPERTY," revised as to Section III and with the understanding that Council will review the policy in the spring. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 MENDAKOTA PARK Council acknowledged a report from CELEBRATION Administrative Assistant Batchelder regarding the Mendakota Park Celebration planning. Mr. Batchelder stated that there has been much volunteer help and donations and private funding to assist with the costs, including donations from the Jaycees. Mayor Mertensotto suggested that Council allocate $2,000 of its budget towards celebration costs if it is needed. Councilmember Blesener stated that the planning committee discussed funding and felt that it may be necessary to rely on city funding as a contingency. She stated that if enough donations are received, city money would not be used. Councilmember Blesener moved to authorize an expenditure of up to $2,000 from the City Council budget for contingency funding purposes for the Celebrate Mendota Heights Parks events. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 AIR NOISE UPDATE Council acknowledged an air noise update from Administrator Lawell regarding ANLEF contributions and a MAC Corridor Task Force meeting scheduled for July 8th. Administrator Lawell reviewed the ANLEF fund raising total and a proposal to contact those who have donated to enlist their help in a door-to-door effort. He then informed Council that the Corridor Task Force has been resurrected by MAC and suggested the fanned corridor proposal be re-submitted. Mayor Mertensotto agreed to the re-submission of the proposal conditioned that the city receive a response back in 60 days - a Page No. 3352 July 7, 1992 commitment from MAC to look at changed corridor procedures within 60 days. It was the consensus that if the test is approved it would have to be run during calendar year 1992 and that unless this condition is agreeable to MAC the city would not resubmit its proposal. It was also the consensus to approve the recommendation on ANLEF efforts. Councilmember Smith moved to authorize staff to express the Council's response to the MAC Task Force in accordance with the consensus stated. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Cummins informed Council that he cannot attend the July 21st meeting. Councilmember Blesener informed Council that she cannot attend the August 18th meeting. NDC -4 Mayor Mertensotto informed Council that he had received a letter from John Kemper to NDC -4 objecting to Continental Cablevision not having MSC as a basic channel. He stated that he would like the city to send a letter to Continental suggesting that channels 8 and 12 be eliminated and that the Minnesota Sports Channel be substituted if Continental cost savings is a factor. He stated that he would like MSC to be available as part of the basic package. Administrator Lawell responded that if the city advocates MSC in the basic package Continental will likely say that there should be a rate increase. Councilmember Smith stated that perhaps Continental should be reminded that other companies have been able to include MSC without rate increases. COUNCIL COMMENTS Councilmember Smith stated that the striping on Mendota Heights Road at T.H. 55 is bleeding through again. She also asked if there will be any follow up to improve the quality of the ground cover at Hagstrom -King park. Page No. 3353 July 7, 1992 Public Works Director Danielson responded that staff has been looking into the problem and is trying to address it by over-seeding and fertilizing. He stated that since the park is not irrigated it is very difficult to get a lawn established. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:33 o'clock P.M. Y,Athleen M. 'Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor