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1987-12-15 Council minutesPage No. 2251 December 15, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 15, 1987 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, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins and Witt. Councilmember Hartmann had notifed the Council that he would be late. AGENDA ADOPTION Councilmember Blesener moved adoption of the revised agenda for the meeting. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Blesener moved approval of the minutes of Pre - Meeting of December 1st. Councilmember Witt seconded the motion. Councilmember Witt moved approval of the minutes of the December 1st meeting. Councilmember Cummins seconded the motion. It was the consensus of Council that Item A of the consent calendar, acknowledgment of the minutes of the December 1st joint meeting with the Park Commission should be deleted from the calendar and that approval of the minutes should be tabled to the January 5th meeting. Councilmember Cummins moved that Item a of the consent calendar be removed and that the remainder of the calendar be approved as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. b. Acknowledgment of a letter from Mn /DOT regarding the Dodd Road /I -494 Interchange. c. Acknowledgment of the Treasurer's monthly report for November. Ayes: 4 Nays: 0 PUBLIC COMMENTS Page No. 2252 December 15, 1987 d. Acknowledgment of the Fire Department monthly report for November. e. Approval of a wetlands permit to Mike Kurtz, Case No. 87 -38, to allow construction of a home on Lot 7, Block 1, The Ponds of Mendota Heights, according to the site plan dated November 17, 1987, along with waiver of the public hearing and Planning Commission review requirement. f. Adoption of Resolution No. 87 -118 "RESOLUTION APPROVING FINAL PLAT FOR KLADIS FIRST ADDITION," subject to receipt of the required $1,800 park dedication fee. g. Adoption of Resolution No. 87 -119, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." h. Approval of the list of contractor licenses dated December 15, 1987 and attached hereto. i. Approval December $313,300. Councilmember of the List of Claims dated 15, 1987 and totaling 33. Blesener seconded the motion. Mr. Joe Maher stated that he attended a Council meeting in February to complain about aircraft heading north from the airport, over the Mendota School, and that since that time the air traffic and noise has gotten worse. Mr. Bernard Friel, the City's MASAC representative, explained thatthe City has been doing the best it can to keep the plarfs from flying north but has had little success. Mr. Maher stated that he has probably made 100 calls to the MAC and has been to the MAC and FAA offices and that someone at the MAC responded to him that he should sell his house if he doesn't like the noise. Page No. 2253 December 15, 1987 Mayor Mertensotto suggested that Mr. Maher document his complaint in writing, including the treatment he has received from the agencies, and that the City would transmit the letter to the MAC and other agencies so that he would get a response. SCHOOL FOREST PROPERTY Mr. Marlin Grant and Mr. Fred Haas, from Marvin Anderson Homes, were present to get Council's feelings on proposed development of the School Forest Property. He stated that he envisions constructing homes of $200,000 to $400,000 values on the property. He informed Council that his firm made an offer to the School District with certain contingencies, one of which was that the property would be developed as single family and that there would be a minimum of 75 lots. He stated that the School representatives expressed some concern over whether 75 lots would be possible and he subsequently met with City staff and Planner Dahlgren. The consensus of the group was that 75 lots would be too many, so his firm developed a new site plan for 70 lots, all of which will contain at least 15,000 square feet of land above water. Mr. Grant informed Council that the School District received 5 proposals for purchase of the land, including that of his firm, and that his firm's bid was the highest, and that the District has since allowed U.S. Homes, the second highest bidder, to re -bid. He indicated that the bids would be discussed by the District's land development committee on December 16th. Mayor Mertensotto thanked Mr. Grant for his presentation. Councilmember Cummins stated that he has a concern that houses in the price range suggested by Mr. Grant tend to be "jammed" in, and that the suggested lots have big backlots and narrow frontages. He suggested that Mr. Grant give some thought to making the lots a little wider to give a more spacious appearance to the area. HEARING - CENTEX HOMES Mayor Mertensotto opened the meeting for the purpose of the continued public hearing on applications from Centex Homes for rezoning and conditional use permit for planned unit development and for consideration of ( Ayes: 4 Nays: 0 Page No. 2254 December 15, 1987 applications for sketch plan and preliminary plat approval. Responding to a request from Mayor Mertensotto, Dick Putnam, from Tandem Development Corporation, displayed Plan A and Plad B for review. Mayor Mertensotto stated that Sketch Plan B is under consideration tonight and Plan A is an alternate plan. He then gave a history of the past several months of Council meeting discussions on the applications. The Council acknowledged a letter from the Metropolitan Council approving the Southeast Area Comprehensive Plan Amendment along with the associated Met Council staff report. Councilmember Cummins pointed out that the Metropolitan Council staff findings are all very favorable except that they suggested that the density be increased to 20 units per acre. Responding to a request from Mayor Mertensotto, City Attorney Tom Hart responded to the issue raised by Mr. Bernard Friel at the last meeting over movement of density within a PUD. As part of his response, Mr. Hart stated that the spreading of density is expressly authorized by the City's PUD ordinance and that the court (Chandler vs Kroiss) expressly found that multiple family could be allowed in a restrictive R-1 zone under a PUD and specifically cited that the effective unified treatment of an overall property is what a PUD is for. The one question of the court was whether the City had allowed enough public comments. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Biesener seconded the motion. Mayor Mertensotto stated that he had some items in the developers agreement which he would like clarified. He asked Mr. Boyce to clarify the community park acreage, noting that he understands that the City would be acquiring the 24.6 acre community park site Page No. 2255 December 15, 1987 and also the pond and trail area around the pond. Mr. Boyce responded that under Plan B, the City would be purchasing 30+ acres for $750,000. Mr. Boyce stated that Phase I of the development (the area west of the proposed park) would be developed into 136 units consisting of 14 eight -unit buildings and six four -unit buildings. Mayor Mertensotto stated that the developer has indicated that he would grant the City an option on the park property to June 1st and asked Mr. Boyce whether that could be extended to July 1st. Mr. Boyce stated that this would be possible but that he would like to see the City conduct a referendum as soon as possible, because if the first phase is successful he fully expects to come back next summer with a request for approval of the second phase. Mayor Mertensotto asked whether the development is locked into a certain configuration if utilities are installed now and the referendum fails and the parkland is not purchased. Mr. Boyce responded that the utilities will work either way and must be installed regardless of the park being on the site or not. Mayor Mertensotto asked whether Plan A would be precluded if the utilities were installed before the referendum, and Mr. Boyce responded that it would not be precluded. Councilmember Blesener reminded Council of the Planning Commission recommendation that both Plan B and Plan A be kept active. Administrator Frazell stated that the problem with Plan A at this time is that it would be in conflict with the Comprehensive Plan because of the park location in the Comprehensive Plan. He stated that Council could indicate that they would give due consideration to Plan A if the referendum fails. With respect to the proposed developers agreement, Mr. Boyce stated that he has some substantial issues and some minor issues which must be resolved. He stated that basically the developers agreement indicates that if Page No. 2256 December 15, 1987 Plan B is accepted and the City doesn't elect to buy the park land, Plan B goes away. He stated that he has a definite problem with that, and that if Plan B goes away, Plan A should be implemented so that Plan B does not go away until the City amends its comprehensive plan to allow Plan A. He stated that he has been willing to work with two plans to accommodate the City and is comfortable with what the City has done with Plan A but he wants to make sure that if the park does not materialize he still has Plan A to work with. Administrator Frazell stated that the proposed resolutions had developers agreements attached by reference, but the agreement is not in final form and the developers counsel has not yet reviewed them. He suggested that the Council direct staff to work with the City's legal counsel to get the agreements into final form and that Council conduct a special meeting to consider the agreements. Staff was directed to remove Paragraph 1 of page 2 of the draft agreement. It was Council consensus that it should be in the City's discretion to reopen discussion on Sketch Plan A if the referendum fails. Councilmember Hartmann arrived at 8:39 P.M. Councilmember Cummins stated that he feels Plan B is a good and workable plan and could be approved tonight, and on the other hand, Plan A is well within the Comprehensive Plan amendment adopted in 1985 before Council considered a community park on the property. Councilmember Blesener stated that both plans must be kept open at this time. She stated that she will not support Plan B because of the athletic complex, but does support the development. Councilmember Witt asked if the development reverts back to Plan A, what happens to the 9 acres that includes the pond and scenic easement. Mr. Putnam responded that there would still be a public pathway on the west edge of the pond and it would still connect with the trail system to the Hagstrom-King park, but that there would be no public trail on the east Ayes: 5 Nays: 0 Ayes: 4 Nays: 1 Blesener Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2257 December 15, 1987 side of the ponds. He indicated that the trail and public area on the east side would be part of the City's purchase of property, and that if Plan A is developed, the trail along the east side of the ponds would be part of the park contribution. Councilmember Hartmann stated that he agrees with Councilmember Cummins but wants to make sure that it is understood that he supports the park in the south area of the City and supports Plan B, but should the referendum fail he could also support Plan A. Councilmember Blesener moved that all following actions on the Centex Homes, Kensington multi - family residential project are contingent on a finding of negative declaration for an Environmental Impact Statement, and on reserving the right to incorporate mitigation measures that arise as a result of the Environmental Assessment Worksheet review. Councilmember Cummins seconded the motion. Councilmember Witt moved adoption of Resolution No. 87 -120, "A RESOLUTION GIVING SKETCH PLAN APPROVAL TO CASE 87 -24, KENSINGTON MULTI- FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT." Councilmember Hartmann seconded the motion. Councilmember Blesener moved adoption of Ordinance No.246, "AN ORDINANCE AMENDING ORDINANCE NO. 401" (rezoning from R -1 to HR- PUD) . Councilmember Cummins seconded the motion. Councilmember Ordinance No. ORDINANCE NO. PUD). Councilmember Blesener moved adoption of 247, "AN ORDINANCE AMENDING 401," (rezoning from R -1 to MR- Hartmann seconded the motion. Councilmember Witt moved adoption of Resolution No. 87 -121, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR CASE 87 -24, KENSINGTON PHASE I. Councilmember Blesener seconded the motion. ( Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2258 December 15, 1987 Councilmember Blesener moved approval of the preliminary plat for Case 87-24, Kensington Planned Unit Development, Phase I. Councilmember Hartmann seconded the motion. Councilmember Blesener left the meeting at 8:53 P.M. RECESS Mayor Mertensotto called a recess at 8:53 P.M. The meeting was reconvened at 9:06 P.M. DEVELOPERS AGREEMENT BLOCK GRANTS Ayes: 4 Nays: 0 SIGN PERMIT Ayes: 4 Nays: 0 FIRE RADIOS It was the consensus of the Council that a special meeting be conducted on December 22nd for discussion on the proposed developers agreements. Mark Ulfers, from the Dakota County HRA, was present to answer any Council questions regarding a proposed resolution relative to the City's community development block grant application for 1988 funding. There was brief discussion over potential uses of CDBG funding for the Furlong area. Mr. Ulfers explained how his agency is marketing the availability of CDBG rehab monies. Councilmember Witt moved adoption of Resolution No.87-122, "A RESOLUTION APPROVING THE APPLICATION OF, THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1988 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING. n Councilmember Hartmann seconded the motion. On the recommendation of the Code Enforcement Officer, Councilmember Cummins moved to approve the issuance of a sign permit for installation of signs at the FINA gas station at 1960 Dodd Road. Councilmember Hartmann seconded the motion. Fire Chief Maczko was present to request authorization to replace five Wilson portable radios and acquire one additional radio to be used in the new pumper. In response to a question from Mayor Mertensotto, he stated Ayes: 4 Nays: 0 CITATION AUTHORITY Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Page No. 2259 December 15, 1987 that the old radios could possibly be used by the Public Works Department and that they are only worth $50 each in trade. It was the consensus of the Council that the Wilson radios be traded in on the new units. Councilmember Hartmann moved to authorize purchase of six King portable radios from Communications Center under the Hennepin County consortium bid, and reappropriate $4,541.34 (less trade -in values) from the General Fund balance to the Fire Department capital outlay line item. Councilmember Witt seconded the motion. Police Chief Delmont was present to request Council adoption of ordinances to authorize certain City employees to issue ordinance citations. Councilmember Ordinance No. ORDINANCE NO. Councilmember Councilmember Ordinance No. ORDINANCE NO. Councilmember Councilmember Ordinance No. ORDINANCE NO. Councilmember Councilmember Ordinance No. 5 OF THE CITY Councilmember Cummins moved adoption of 248, "AN ORDINANCE AMENDING 219." Hartmann seconded the motion. Cummins moved adoption of 249, "AN ORDINANCE AMENDING 401." Hartmann seconded the motion. Cummins moved adoption of 250, "AN ORDINANCE AMENDING 101." Hartmann seconded the motion. Cummins moved adoption of 251, "AN ORDINANCE AMENDING PART CODE (BUILDINGS)." Hartmann seconded the motion. Ayes: 4 Nays: 0 COMMISSION APPOINTMENT Council acknowledged a memo from the City Administrator regarding upcoming appointments to the Planning and Parks Commissions. Mayor Mertensotto directed that staff place notices in the press notifying the public of PERSONNEL Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 VICTORIA HIGHLANDS ASSESSMENT DEFERMENTS Ayes: 4 Nays: 0 VICTORIAL HIGHLANDS FEASIBILITY REPORT Page No. 2260 December 15, 1987 potential openings on the commissions and stating that Council will accept applications for consideration at the second meeting in January. He stated that he will contact present members whose terms are due to expire to ask them to resubmit applications if they wish reappointment. Council acknowledged a report and recommendation from the City Administrator relative to 1988 salaries and benefits for non-organized employees. Councilmember Cummins moved adoption of Resolution No. 87-123, "RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON-ORGANIZED EMPLOYEES TO REFLECT A 4% ANNUAL ADJUSTMENT FOR 1988. Councilmember Witt seconded the motion. Councilmember Cummins moved adoption of Resolution No. 87-124, "RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1988 AND ESTABLISHING CERTAIN OTHER BENEFITS." Council acknowledged a report and recommendation from the City Clerk relative to collection of deferred assessments for the Victoria Highlands plat. After brief discussion, Councilmember Cummins moved to authorize the inclusion of $80,664.39 in deferred assessment principal in the Victoria Highlands improvement project costs, conditioned upon payment of $98,485.46 in deferred assessment principal and interest at the time of final plat execution, and to direct staff to prepare a revised developers agreement. Councilmember Witt seconded the motion. Council acknowledged receipt of the feasibility report for proposed improvements to serve the Victoria Highlands Addition. It was the consensus of Council that there must be a permanent solution for Marie Park pond storm water retention. In this regard, Council directed the City Treasurer to develop Ayes: 4 Nays: 0 CORRIDOR STUDY ADJOURN Ayes: 4 Nays: 0 Page No. 2261 December 15, 1987 a financing plan for the permanent solution which does not involve assessing outside of the Victoria Highlands project area. Councilmember Witt moved adoption of Resolution No. 87 -125, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS AND STREET IMPROVEMENTS TO SERVE VICTORIA HIGHLANDS (IMPROVEMENT NO. 87, PROJECT NO. 7.)" Councilmember Cummins seconded the motion. Administrator Frazell reviewed his memo regarding the TH 55 Corridor Study update. It was the consensus of Council that the area residents be invited to attend the January 19th meeting for a discussion of the update. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to December 22, 1987 at 5:00 P.M. for discussion of the proposed Centex development agreements. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 9:32 O'Clock P.M. athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON DECEMBER 15, 1987 Excavating License: Ralphs Plumbing & Heating General Contractors Licenses: Klemmensen Builders, Inc. McGough Construction Company, Inc. Sapletal Construction Western Cedar/North Face