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1992-04-07 Council minutesPage No. 3266 April 7, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 7, 1992 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 8:00 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Koch and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the January 30, 1992, of the City Council/Planning commission adjourned meeting. Councilmember Smith seconded the motion. AYES: 5 NAYS: 0 Councilmember Cummins moved approval of the minutes of the March 5, 1992, regular meeting. Councilmember Smith 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 February 25, 1992, Planning Commission Minutes. b. Acknowledgment of the draft March 24, 1992, Planning Commission Minutes. Page No. 3267 April 7, 1992 c. Acknowledgment of the Code Enforcement monthly report for March. d. Approval to hire Mr. Tom Weiss as a temporary summer employee, within the Parks Department, for $5.50 per hour effective April 8, 1992. e. Authorization for staff to begin the selection process for a new Street Department employee utilizing the finalists selected in December of 1991. f. Approval of Resolution No. 92 -21, "A Resolution Approving the Raak Lot Division at 724 Wentworth Avenue conditioned upon the applicant dedicating an additional three feet (31) along Wentworth Avenue for the purpose of County right -of -way. g. Approval Liquor L Markets. h. Approval Licenses attached of a Off -Sale 3.2 Malt icense for Tom Thumb Food of the List of Contractor dated April 7, 1992, and hereto. i. Approval of the List of Claims dated April 7, 1992, and totaling $105,338.75. j. Acknowledgment of a summary regarding a house fire at 829 Hilltop. k. Acknowledgment of an update on the current status of the downtown Mendota Heights ring road developments, with the authorization for Dahlgren, Shardlow and Uban to prepare a proposal to study the potential land impacts of constructing the ring road and the scheduling of a Council workshop to review the results of the proposal on Monday, May 18, 1992 at 7:00 o'clock P.M. 1. Approval of Resolution No. 92 -22, "Resolution Approving MnDot Agency Page No. 3268 April 7, 1992 Agreement No. 69200, SP 1902-42, 1982-112, Councilmember Koch seconded the motion. AYES: 5 NAYS: 0 CASE NO. 92-06, Council acknowledged an application SIBLEY HIGH SCHOOL from Independent School District 197 SIGN VARIANCE for variances to allow installation of a 312 square foot illuminated sign on the south wall of the school at a height of 31 feet, 4 inches. Council also acknowledged reports from the City Planner and Administrative Assistant. Dr. Bruce Anderson, Superintendent of Schools, Mrs. Sue Stotz, representing the 1991 graduating class, and Mr. Dick Kruse, from Midway Sign Company, were present for the discussion. Dr. Anderson stated that the lighting is requested so that the sign is visible in the evening for students, non-students and visitors to the school. He distributed drawings of the sign and sample lettering for the Council to review. Dr. Anderson informed Council that the proposed sign will consist of four foot white letters attached to the south wall of the building, and that lights are proposed to be installed on top of the industrial arts building roof. The lights will not be visible from Delaware or T.H. 110 and will not reflect on nearby homes or cars passing by. Responding to a question from Mayor Mertensotto he stated that the proposed lighting will not be as great in intensity as the existing building lights. Mr. Kruse stated that the lights will be high sodium with a low cast, providing just enough light so that the sign can be seen from the highway. Mrs. Stotz informed Council that the sign will be a gift from the 1991 class to the community. The class felt that people cannot identify the building from the highway at night. Dr. Anderson added that the 1992 class has expressed a Page No. 3269 April 7, 1992, desire to also contribute financing to the project. Councilmember Blesener stated that she feels that the situation is unique enough to warrant the sign size and the lighting. Dr. Anderson informed Council that the red sign located near the frontage road will be removed as part of the project. Councilmember Cummins stated that he would have no objection to the proposal if the lights are turned off at 10:30 p.m. Dr. Anderson responded that the lights will be put on a time clock and that he has no objection to the 10:30 p.m. Mr. Russell Wahl, 631 Callahan Place, stated that the frontage road sign is very sturdy and only in need of minor repair. He felt that the sign should not be removed. He informed Council that he had done a sight survey of several area high schools and that none had more than one sign. He felt that the three signs on the Sibley property were sufficient. Mr. Wahl stated that he has spoken to members of the 1991 class and none had knowledge of the proposal, and that the donation was apparently determined by the graduating committee as a good use for $3,000 in funds remaining from the class party and from private donations. Mr. Wahl asked Council if the proposed sign is similar to the St. Thomas Academy sign, and further asked if the St. Thomas sign had ever been approved. He asked that Council deny the variance requests on the basis that there are already three signs on the property and on the basis that there is no demonstrable hardship. Mayor Mertensotto informed Mr. Wahl that removal of the frontage road sign is not a condition of approval of the application. Councilmember Cummins stated that the School Board submitted the application and feels that the building is not as identifiable as it should be. He stated Page No. 3270 April 7, 1992 that the building is difficult for non- residents too identify from the highway, particularly in the dark, and that this condition constitutes a hardship. Councilmember Koch stated that she does not feel lighting is necessary in view of the proposed size of the sign. Councilmember Cummins moved to approve a 310 square foot sign surface variance, a 21 foot, 4 inch sign height variance, and approval of the requested lighting on the condition that the lighting will be extinguished every evening at 10:30 p.m. and that the intensity of the lights will be adjusted should the lighting prove to be too intense for the area. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 1 Koch CASE NO. 92-05, Council acknowledged an application CENTRE POINTE from the Centre Pointe Medical clinic MEDICAL for variances to allow the clinic to construct a 100 square foot, 25 foot tall sign to replace the existing 25 square foot monument sign which is 11 feet tall and setback 30 feet from the property line. Ms. Deborah Jeffrey, from the Toule Real Estate Company, was present on behalf of the clinic. She informed Council that the clinic, which currently houses a primary care practice, an eye doctor and an emergency care facility, is less than 50% occupied. She stated that Health East continues to receive complaints from people that they either cannot find the building or that they have had difficulty finding it. She reviewed drawings of the sight line of the existing monument sign as it compares to the proposed. Ms. Jeffrey stated that the applicants understand the reluctance of the city to grant such a large sign variance on a permanent basis. For this reason, the clinic is instead asking for temporary variances to allow the sign for 30 months, which would allow the existing tenants to build their practices and Page No. 3271 April 7, 1992 would provide enough time to lease up the space in the building. Mayor Mertensotto stated that the problem he sees is that if the sign is approved other business would make similar requests. Ms. Sue Zwirner, manager of the clinic, stated that the banner sign which Council had allowed for three months worked well while it was up, and that the primary complaint the clinic receives is that people cannot find the clinic. Councilmember Blesener asked why the applicants are not requesting approval to put a sign on the building. She felt the clinic would be better served by installing a subtly illuminated sign on the building itself. Councilmember Smith did not feel that the sign proposed would achieve what the clinic wants: in addition to the fact that the sign is away from the building, the colors will blend in with the background and it will not draw attention to itself. Mr. Bob Carlson, Director of Physician Services for Health East, stated that the sight line is such that by the time people traveling the highway could see a sign on the building, they would already have passed the intersection. He felt that it is important to see the sign diagonally from the intersection and that the proposed sign is high enough and large enough that it will be seen before the intersection is passed. Councilmember Smith asked whether signage for the emergency care facility is allowable on public right-of-way. Mr. Kruse stated that he has explored the possibility but it is not allowed. Councilmember Cummins stated that the clinic is clearly struggling and felt that it is far more valuable to the community than a filling station which might make a similar request. He pointed out that this was the first building in Page N6. 3272 April 7, 1992 Centre Pointe and no other buildings have been constructed, so there is little traffic to the site. He felt that it is very important to try to keep the emergency care facility and that the request is not inappropriate. He suggested that if the clinic is willing to build the sign and put it up for thirty months only, the request is very reasonable. He pointed out that all of the rest of the development in the future should be held to the Centre Pointe sign policy. He suggested that approval be granted for a special permit rather than approval of variances. Councilmember Smith agreed that the city would not want to lose the emergency care facility and if the applicants feel the proposed sign is the best solution for its identification problems she will support the request. She also encouraged the clinic to look at a directional sign on the street and a sign on the building. Mrs. Jeffrey responded that she recently hired an architect to look at the site and review the sign plan. He felt that what is proposed is what would be the most visible to the east of the intersection and that signage at the roof line would not be visible as people approach the building heading west on the highway. Mayor Mertensotto cautioned that if Council approves a 30 month sign the applicant has no right to a continuation of the use beyond the 30 months. He pointed out that it would not be a matter of right to say that the clinic is entitled to retain the sign beyond the 30 months, regardless of the cost of sign construction. He stated that Council recognizes the uniqueness of the situation and does not want to set a precedent. Councilmember Cummins moved to permit the proposed sign, for a period of time limited to 30 months commencing on July 1, 1992, (after which time the applicants may return to Council if necessary), on the basis of the unique value of the Page No. 3273 April 7, 1992 clinic to the community and the economic hardship the clinic has experienced by virtue of the fact that the development has not been successful. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Ms. Jeffrey confirmed that it is understood that the application for variance will be withdrawn in lieu of the special permit approval. MENDOTA INTERCHANGE Council acknowledged a report from the City Administrator regarding the Mendota Interchange Project. Mayor Mertensotto informed Council that Mn/DOT representatives have indicated to him that they would be willing to meet with Council to discuss alternatives. Councilmember Cummins suggested that city staff review the Mn/DOT plans and sketch out alternatives. Public Works Director Danielson responded that although staff is not familiar with federal and state rules, they will review the plans from a planning and layout standpoint. It was the consensus of Council that a workshop with Mn/DOT be scheduled for 7:00 p.m. on April 13th and that staff be directed to review the plans and invite Mn/DOT officials to the workshop. VGC BUILDING PERMIT Administrator Lawell informed Council AND SITE PLAN that Mr. Glowa would not be present for the meeting. He stated that staff had notified Mr. Glowa that the variances which are requested must be referred to the April Planning Commission. He informed Council that there are two issues involved in the request. He stated that parking and sign setback requests from United Properties for the industrial park have become routinely issued variances without Planning Commission review, but that the way the Zoning ordinance is currently set up, the applicant should appear before the Planning Commission, or perhaps the ordinance should be amended. He recommended that Council discussion be Page No. 3274 April 7, 1992 tabled and that the variance requests be referred to the Planning Commission. Administrator Lawell informed Council that a second issue involved in the request is the financial justification for tax increment financing. He stated that staff has not yet prepared factual information on the request and informed Mr. Glowa that the VGC issues will be scheduled on the April 21st agenda. Councilmember Blesener moved to table discussion on the VGC development requests to the April 21st meeting and to refer the variance requests to the Planning Commission. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92 -02, Council acknowledged an application ROTTLUND HOMES from Rottlund Homes for conditional use permit for planned unit development, rezoning from R -1 to HR -PUD, sketch plan approval and subdivision approval for the Winterwood Courtyard Homes project, proposed to be located on 10 acres of land in the southeast corner of Mendota Heights Road and Dodd Road. Council also acknowledged a letter from Rottlund in response to the Planning Commission's recommendation for denial, a letter from the property owner, Dick Putnam, and several staff reports. Mr. John Bannigan, legal representative for Rottlund Homes, and Todd Stutz and Dan Jensen from Rottlund Homes, and Dick Putnam were present for the discussion. Mr. Stutz, Executive Vice President of the Rottlund Company gave the Council a history of the proposed development. He reviewed the proposed development, which reflects a planned unit development consisting of the Winterwood Courthomes, a 68 unit townhome development on 9.5 acres and a day care center on 1.05 acres. He informed Council that the applicant is not asking for approval of the day care center at this time. Page No. 3275 April 7, 1992 Mr. Stutz stated that the city's comprehensive plan guides the property for HR -PUD, and that the land is currently zoned R -1. He stated that the project meets or exceeds the requirements of the HR -PUD District and does not conflict with any portin of the city code. He stated that it is a quality development and represents reasonable site planning. Mr. Stutz then gave Council information on the Rottlund Company, which is the 61st largest builder in the United States. He informed Council that the company takes great pride in what it builds. Mr. Stutz stated that Rottlund entered into a purchase agreement for the 9.5 acres from Mr. Putnam, who will retain the daycare center site. He stated that the project is intended for the empty - nester market which he felt exists in Mendota Heights. The product proposed for the site consists of two plans, one plan is for 1,422 square foot units and the other is 1,395 square foot units. The homes are two -story and have main floor master bedrooms, and a second master bedroom on the upper level. One plan has a double attached garage, the other has a single attached garage. He described the units, which would be a back -to -back townhome configuration. The proposal is for seven 8 -unit buildings and one 12 -unit building. The exterior treatment will be brick and aluminum siding to ensure that the homeowners association does not have an unnecessary burden in the future relative to replacing siding. The buildings would be primarily accessed in two locations along Mendota Heights Road on the east side of the development site and on the west side. The roads are to be private roads, 24 feet wide and built to city standards, including curb and gutter and two lifts of bituminous. Throughout the development there are private drives. He stated that it is his feeling that the development provides an appropriate transition from the freeway and the the residential neighborhood to the north. A berm running from 10 feet Page No. 3276 April 7, 1992 in height to 4 feet in height will be constructed on the north of the site to screen the development from the single family neighborhood. The building heights will be from 16 feet in height stepping up to 28 feet in height, which is consistent with the heights of the adjacent single family homes. In all cases, Rottlund has attempted to locate the ends of the buildings in relationship to the adjacent neighborhoods, with the exception of the building to the east which is a significant distance from Mendota Heights Road. With respect to open space, he stated that the overall PUD has 5.43 acres of open space, excluding driveway areas or 51% of the site. The Rottlund portion of the PUD is 49.4% open space. Rottlund proposes substantial landscaping, basically overstory trees, 4 per home. All of the landscaped open space will have irrigation. The common areas, including driveway areas, are covered by the homeowners association. He informed Council that the association declaration has been drafted and submitted to city staff. A survey of trees on the site of 4 inches in diameter or greater has been done. Many are soft wood, and few will need to be removed. He stated that the tree preservation plan indicates a number of trees which will be spaded to different areas in the development in order to save them. The proposed development is projected to generate 476 trips per day based on 7 trips per residential unit. He stated that he has reviewed memos from the Police Chief and Fire Chief. The police chief was concerned about lighting, and lighting will be provided at both entrances and garage areas, street lights off Mendota Heights Road and the cul-de- sacs will be provided as well as lighting at each individual unit. Relative to the fire and police department access, the two cul-de-sacs off Mendota Heights Road have been linked so that public safety vehicles can come in one entrance and leave by the other. He reviewed other Page No. 3277 April 7,1992 police and fire concerns which have also been addressed in the plan. Mr. Stutz stated that the Planning Commission raised the issue of construction type relative to traffic and air noise. He pointed out that all of the exteriors walls will be 2 by 6 and that the windows will have a 30 S.T.C., which is in excess of what the FAA requires for an area that has a noise concern. With respect to traffic noise, 1-494 is located 600 feet from the nearest point of the development site, and there is a significant tree berm along the access ramp. For these reasons, he did not feel that traffic noise will be an issue. With respect to the park dedication issue, Mr. Stutz stated that Rottlund proposes to contribute $51,000 ($700 per unit, as is required by ordinance), to satisfy the dedication requirement. Mayor Mertensotto stated that the Rottlund letter indicated outdoor noise levels in the decibel level in the 62 to 65 range, and asked how the information was generated. Mr. Stutz responded that the level was based on actual noise measurements at other Rottlund sites in Eagan and elsewhere and that he would make the information available to the city. Mayor Mertensotto asked where Rottlund proposes to put gas and electric meters, and pointed out that the Centex project has placed all of the electric and gas meters at eye level right next to the unit front doors. Mr. Stutz stated that his project is much different from the Centex project, but that the utilities typically dictate where the meters must go. Mayor Mertensotto stated that in the southeast area, where the 12 unit building is proposed, there is a large hole. He asked where fill will come from to fill it up. Mr. Jensen responded that the area will be filled in and fill will be generated Page No. 3278 April 7, 1992 on-site - no fill will be hauled in to the site. A ponding area of about .8 acres will be constructed on the northeast part of the site. With respect to the motion made by Planning commissioner Friel at the March 14th meeting, Mr. Stutz stated it is Rottlund's feeling that the proposed plan meets city guidelines and is consistent with the comprehensive plan - the denisty is actually below what is allowed by the HR-PUD. Mr. Stutz then briefly reveiwed and expanded on Rottlund's March 31st response to elements of Commissioner Friel's motion. In summary, he stated that he feels the plan complies with all of the requirements of the ordinance and that the project will be an asset to the community. Mayor Mertensotto stated that the police chief had recommended that parking should be prohibited in any area other than designated and clearly marked stalls and that parking in front of garages should be prohibited. Mr. Stutz responded that parking is permitted in front of garages in front of garages in other developments in the city, as it is in single family developments, and that the chief's recommendation is inconsistent with city ordinances. Administrator Lawell stated that the chief's concern is one of public safety and that he did not want there to be any type of concealment opportunities for intruders. Councilmember Cummins asked if all of the double car garage units are identical and if all of the single car garage units are identical in terms of interior floor plan. Mr. Stutz responded that they are. With respect to Outlot A, Mr. Stutz stated that he is just asking for site plan review now and that issues relative to the day care use will be addressed in the future when a proposal is made. Mayor Mertensotto pointed out that once a conditional use permit for PUD is Page No. 3279 April 7, 1992 approved, the project must be developed in accordance with the plan, and in this instance, Outlot A would be designated and must be used for a day care center. Mayor Mertensotto asked for questions and comments from the audience. Mike Weir, 2480 Bridgeview Court, stated that he attended the Planning commission meeting and one of the concerns was the lack of open space. He stated that if the market for empty nesters does not develop, and the project must be marketed to others, there will not be sufficient open space and no play equipment. Ms. Jana Patrick, 2530 Arbor Court, stated that she would like the city to buy some of the outlot rather than allow day care use. She stated that there are many children in the area and that she would like to see more open space for them. Mr. Michael Dummer, 2515 Arbor Court, stated that his concern is over open space and whether it includes paved areas. He stated that if the target market does not develop there will not be enough open space for children in the development, and that there is not enough open space in the southeast area. He also did not feel berming will screen the development to the east. Councilmember Cummins asked how deep Mr. Dummer's lot is. Mr. Dummer responded that it is 230 feet deep, and that his lot overlooks the proposed development. Mr. Norm Linnel, 2488 Bridgeview court, stated that the police chief's comments are not inconsistent with the ordinance. He felt that the chief's concern was that adequate parking be provided for so that the residents and their guests are not always parking in front of their garages because there is no other parking available. With respect to the plan meeting requirements for an HR-PUD, he stated that although the developer may feel he meets the minimum requirements, approval is not a matter of right. He Page No. 3280 April 7, 1992 stated that the concept of a PUD means that there are concepts the Council must consider with respect to harmony with surrounding developments. He further stated that the city has the right to decide whether the streets should be public or private and the use of private streets in calculating density. He felt that the density is not in harmony with surrounding developments and raises the health and safety concerns as raised by the Planning Commission. Mr. Stan Linnell, 1407 Cherry Hill Rd., was concerned with the percentage of hard cover of the development (number of units and blacktop) and lack of transition to the surrounding developments. He stated that no benches, walking area, or raised garden areas have been provided, nor has any type of play area for visiting grandchildren been provided. Councilmember Smith stated that she shares the residents' desires for a play area and a park area. She felt that Council should request a park area in lieu of a cash contribution. Councilmember Blesener pointed out that the Park Commission will be reviewing the plan at its next meeting. Mayor Mertensotto stated that density and private streets are concerns, as is the construction of dwellings under the flight path. He did not feel that there is a need for 68 townhouse units on the site. Councilmember Blesener stated that everyone should acknowledge that it is a very difficult site to develop and that many proposals for development have been considered in the past. She preferred to approach the proposal that it has the potential to develop into a good fit for the property. She felt that additional housing alternatives are needed in the city. She expressed concern about the lack of open space and the amount that is covered with hard surfaces. Councilmember Blesener felt that the proposal has potential and that Council Page No. 3281 April 7, 1992 should negotiate a better project, such as eliminating the day care use to provide more green space perhaps including a tot lot which would be maintained by the homeowners association. She did not feel that public streets, which would require greater width and more blacktop and take up some of the green space, are better than private streets. With respect to parking, she stated that she would like to see more off-street guest parking that is not in front of garages. She felt that the holding pond area should be expanded to provide more green space. Mayor Mertensotto stated that two attempts have been made to put commercial uses on the site, and the proposals met with serious opposition. He agreed that the proposed use is probably the best use of the parcel because of its shape and its proximity to the freeway and within the flight corridor, but that 68 units are too many. If private streets were not proposed, there could not be so many units proposed. Mr. Bannigan stated that when the project was designed for the site it was designed according to the rules and regulations of the city. He stated that the developer wants to work with the city, but Council must tell them that the site will not be approved for 68 units does not help. He asked Council to tell him what it desires. He stated that a lot of Council discretion has already been expressed. He further stated that the land is guided for HR-PUD, and Councl cannot adopt any controls that are in conflict with the comprehensive plan. Councilmember Cummins concurred with Councilmember Blesener that it is difficult to develop the site and that open space and streets are concerns. He expressed concern over square footage of construction, but stated that he feels what is proposed is a reasonable starting point. Councilmember Smith stated that she would support public roads but not surmountable Page No. 3282 April 7, 1992 curbs, that she would prefer more open space and would prefer a park dedication over cash. She further stated that she feels driveways should not exceed the length of any of the buildings, and that meters on the front of buildings, such as in Kensington, is very unsightly and other alternatives should be explored. She further felt that there should be as much transition as possible between HR- PUD and single family. She suggested possible additional park land to the east end of the site would provide additional transition to Mendota Woods. She pointed out that Sec. 12.4(4) of the ordinance requires 6,530 square feet of lot area for a two story building, but the plan does not comply with this requirement. She felt there should be additional off- street parking, an indication of safe pedestrian routes, and a looped public road through the property. She agreed with the lighting recommendations that have been made, and stated that the PUD ordinance requires developers to follow the zoning setback for the like designation, R-3, and that those setbacks should be complied with. Councilmember Koch felt that the project density should be reduced to provide more open space. Mayor Mertensotto stated that it appears that there are not enough votes on Council to approve the plan, and asked Mr. Bannigan if the developer would be interested in withdrawing the proposal with the intent of submitting a new one. Councilmember Blesener suggested that Council ask for revisions to the plan based on this evening's feedback, and then return to the Planning Commission for additional public hearing if that is required by ordinance. Councilmember Cummins suggested that Council refer the application to the Park Commission for its review and recommendation which would allow the applicants two weeks to come up with a plan more acceptable to Council. Page No. 3283 April 7, 1992 Mr. Bannigan asked for a recess so that he could confer with the applicants. RECESS Mayor Mertensotto called a recess at 11:00 p.m. The meeting was reconvened at 11:05 p.m. ROTTLUND HOMES Mr. Bannigan informed Council that his clients would agree to the referal to the Parks Commission and continuation to the next Council meeting, which would give his clients the opportunity to react to some of the observations made this evening. Councilmember Cummins moved to refer the application to the Parks and Recreation Commission and that the matter be brought back to the Council at its April 21st meeting for review of the recommendation of the Park Commission and any changes the applicant might wish to have Council consider at that time. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 IVY CREEK DRAINAGE Council acknowledged a report from Engineer Klayton Eckles regarding funding for Ivy Creek and other storm water projects. Mr. Eckles reviewed a formula which would consist of a 10% surcharge on sewer bills, the assessment of approximately 20% of the cost of the Ivy Creek project, a $20,000 annual tax levy, and Utility Reserve Fund financing of any temporary deficits. He briefly reviewed the report and a detailed financing formula prepared by Treasurer Shaughnessy for Council and the audience. The formula would be used for the Ivy Creek project and four future storm drainage projects which will likely come up soon. Mayor Mertensotto stated that it appears that the projects being contemplated will be completed by the year 2000 and asked why the tax levy is proposed to be continued to the year 2010, by which time a $390,000 excess would have been built up. Treasurer Shaughnessy responded that there are some new regulations proposed for non point source pollution problems Page No. 3284 April 7, 1992 and the affect of the regulations is not known. If the effect is non - existent, the levy would not be used - the levy would not be continued if it is not necessary. Mayor Mertensotto suggested that a resolution be drafted to specify a financing policy and that a policy should be referred to Council on the evening that the feasibility hearing is held for the Ivy Creek improvements. He felt that the formal policy should indicate to what extent the levy would be used and that it is optional. Council briefly discussed the proposed Ivy Falls Creek improvements and the need for the construction of the Brassard portion of the project. Engineer Eckles stated that he will present a summarized feasibility report to Council at the next regular meeting. BARR ENGINEERING Council acknowledged a report from STORM WATER STUDIES Engineer Eckles recommending that BARR Engineering be retained to prepare a study of the industrial park storm water system. Mayor Mertensotto was concerned that, like other contracts, the cost of the study keeps going up. Engineer Eckles responded that when he began working with Mn /DOT he thought only one pond would be needed and a complicated study would not be needed. Councilmember Blesener pointed out that BARR saved the city considerable money in the Mn /DOT cost negotiations. Councilmember Cummins pointed out that there is a serious problem and there is little alternative but to design a solution. After discussion, Councilmember Blesener moved to direct staff to enter into an agreement with BARR Engineering for the completion of a storm sewer study for the industrial park for an amount not to Page No. 3285 April 7, 1992 exceed $16,200, and to approve the payment of $5,087 for work completed to date. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 KENSINGTON PARK Council acknowledged a report from Parks Project Manager Guy Kullander and final plans for the Kensington Park. Mayor Mertensotto cautioned staff to closely monitor the work proposed to be done by Centex. Ayes: 5 Nays: 0 Mr. Kullander responded that the staff has done a cost comparison and the Centex offer is less expensive than the cost would be if the city were to hire a contractor. He also informed Council that the Park Commission unanimously recommended that the trail be extended from the south park to Mendota Heights Road and further, that the city act as its own general contractor as has been done with other park projects. Mr. Kullander responded to questions about landscaping. Councilmember Smith noted that the north park is proposed to only be graded and seeded, and stated that she wants to be sure that the work will not preclude future development of the site. Councilmember Blesener moved to approve the final plans and specifications for Kensington Park improvements and to direct staff to act as general contractor for all construction aspects of the project and to advertise for bids based upon the plans. Councilmember Cummins seconded the motion. Councilmember Blesener moved to direct staff to issue a purchase order in the amount of $11,906.25 to Centex for the construction of utilities to serve the Page No. 3286 April 7, 1992 Kensington Park site. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 TRAFFIC COUNTS Council acknowledged a report from the engineering department regarding traffic counts along Mendota Heights Road, on the east and west sides of Dodd Road. Council also acknowledged a letter from Mn/DOT District Traffic Engineer Mary B. LaPlante, dated March 8, 1991, informing Council of Mn/DOT's determination that traffic signals are not warranted at the intersection of Mendota Heights Road and Dodd Road. Council directed staff to ask Mn/DOT to re-evaluate and investigate safety at the Dodd Road/Mendota Heights Road intersection and report their findings back to the city. CURLEY TRAIL Council acknowledged a report from Public Works Director Danielson regarding notice of termination of the license for the Curley trail. In the report, Mr. Danielson informed Council that Mr. Curley has informed staff that he would be willing to negotiate if the city would consider granting variances to allow development of the lots along Mary Adele Avenue in exchange for allowing the trail to remain on his property. Councilmember Blesener stated that the lots are consistent with all of the lots in the neighborhood and are just 3% square feet short of the minimum lot size. She did not feel that such a small difference should be a major cause of concern. Mayor Mertensotto stated that the concern is not so much the development of the lots but rather the development of the strip mall and whether or not the existing evergreen stand would remain. Councilmember Blesener stated that the strip mall is not an issue and that the lots are consistent with the neighborhood. Ayes: 5 Nays: 0 Page No. 3287 April 7, 1992 Mayor Mertensotto stated that approval would give consent to removing the screen wall and evergreen trees. He stated that when the conditional use permit for Ethan Allen was approved, the wall and trees were a condition of approval. Councilmember Blesener suggested that Council should stipulate that the trees must remain until houses are built on the lots, at which time the houses would replace the trees as a buffer between the commercial uses and the Curley neighborhood. Mayor Mertensotto felt that doing so would be oblivious to other future uses on the corner. Councilmember Smith felt rather than granting wholesale variances, the trail should be removed. Councilmember Blesener stated that she does not support the idea of spending $14,000 to build a trail along Lexington. Councilmember Smith moved to utilize city staff to remove the trail now, pursuant to the 30 day notice from the property owner, and to leave no trail connection until after the Mn/DOT construction. Councilmember Koch seconded the motion. Councilmember Blesener requested that the request for removal and the action taken by Council be referred to the Park and Recreation Commission for comment. WATER SUPPLY Council acknowledged a report from Public Works Director Danielson regarding the need for a new high capacity water supply line from the 6 MG reservoir in West St. Paul to the Mendota Heights water tower and recommending negotiations for a new water supply agreement with the St. Paul Water Utility. Mayor Mertensotto stated that he would like to get additional information from the City of West St. Paul and Maplewood Page No. 3288 April 7, 1992 to see what the two cities are doing in advance of negotiations. BRIDGEVIEW SHORES Council acknowledged a memo from UTILITIES Public Works Director Danielson regarding a request from Excel Utilities for reimbursement backhoe rental for their backhoe which is stranded at the Bridgeview Shores site due to street load limits, or payment by the city in the amount of $4,400 of the cost of dismantling the backhoe so that it can be dismantled in order to meet state requirements. Representatives of Excel were present for the discussion. Public Works Director Danielson briefly reviewed the request. Mr. Marlin Grant, from Marvin Anderson Homes, stated that his concern over when the backhoe will be brought back if it is taken out. He stated that he does not feel there is any possibility that the sewer and water locations can change no matter what happens to the Bridgeview Shores 3rd Addition plan and that the utilities will go in the planned location whether they go in now or at a later date. Mayor Mertensotto briefly reviewed the reasons why action on the proposed Bridgeview Shores 3rd Addition replat was tabled to May 5th. Councilmember Blesener asked what the status is of the utilities. Public Works Director Danielson informed Council on the extent to which the utilities have been installed, approximately 25 to 30% of the work has been done, coming from the east. Councilmember Blesener asked if the contractor would continue to do the work if he is allowed to remove the backhoe now and also what leverage Council would have if the contractor decided not to return. Mr. Norm Linell, a Bridgeview Shores resident, stated that if Marvin Anderson were to come up with an acceptable Ayes: 5 Nays: 0 Page No. 3289 April 7, 1992 response to the neighborhood concerns, the residents would have no concern about the project proceeding. He informed Council that the only issue that specifically ties in to water and sewer is the park issue - whether or not there should be park dedication for phase 3, which is what the residents desire. Councilmember Cummins asked exactly what Excel is asking for. Public Works Director Danielson responded that if the city pay the $4,400 they would be willing to forego the back rent - they are anxious to get to work on another site. Mr. Fred Haas, from Marvin Anderson, stated that it his desire to get the project moving. He further stated that the street location does not change from the approved plat. Councilmember Cummins stated that Council has seen no substantive action from Marvin Anderson to resolve the concerns of the neighbors and the Council. Councilmember Blesener moved to authorize city staff to work with the state and county to get the special permit needed to move the backhoe before the load limits are lifted, and to charge the extra cost, estimated at $4,000, against the project assessments. Councilmember Cummins seconded the motion. Mayor Mertensotto asked Mr. James Losleben if there is concern over Pagel Road not being wide enough. Mr. Losleben responded that the Pagel Road is inadequate and that residents are concerned that they may potentially be assessed for road widening to serve the development. Council directed the engineering staff to check on the condition of Pagel Road prior to the May 5th meeting. Page No. 3290 April 7, 1992 COUNCIL COMMENTS Councilmember Smith expressed concern over the back -to -back townhouses in Kensington and the location of the gas meters. She asked if it would be possible to locate the meters on the sides of the units and screen them. Councilmember Cummins pointed out that it would be very costly to put them in other locations. Administrator Lawell stated that the best way to approach the issue would be to review the building code. ADJOURN There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned to 7:00 P.M. on April 13th for a workshop on the Mendota Interchange Project.. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:12 o'clock A.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor