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1987-11-19 Council minutesPage No.2205 November 19, 1987 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Special Meeting and Rescheduled Meeting Held Thursday, November 19, 1987 Pursuant to due call and notice thereof, the special meeting of the City Council, City of Mendota Heights was held at 7:00 o'clock P.M. at City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:00 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Hartmann and Witt. Councilmember Cummins notified the Council that he would be late. ADOPTION OF AGENDA Ayes: 4 Nays: 0 HEARING - TANDEM/CITY COMPREHENSIVE PLAN AMENDMENTS; CENTEX SKETCH PLAN (CASE NOS. 87-23, 87-24, 87-25) Councilmember Hartmann moved adoption of the revised agenda for the meeting. Councilmember Witt seconded the motion. Councilmember Cummins arrived at 7:05 P.M. Mayor Mertensotto opened the meeting for the purpose of a public hearing on applications from Tandem Corporation for Comprehensive Plan amendment for the proposed Dodd Corners Neighborhood Commercial use and for the City's application for plan amendment for Parks and School designation on the School Forest property and an application from Centex for sketch plan approval for the proposed Kensington Planned Unit Development multi family residential use. Mayor Mertensotto asked Mr. Dick Putnam, president of the Tandem Corporation, to review the proposed Centex and Tandem projects. Mr. Putnam stated that the Centex project (Kensington) is located south of Mendota Heights Road, from the former Butler property on the west to Delaware Avenue on the east and consists of approximately 102 acres; the proposed Tandem project involves 10 acres at the corner of Dodd Road and Mendota Heights Road and the seven acre Clark property which is proposed to be developed in housing and neighborhood shopping uses. He stated that the original Centex plan was an 80 acre project, which was about two-thirds of the Riley property, and involved high and medium density housing, all of which was owner-occupied townhouse and condominium units, and a neighborhood park. Page No.2206 November 19, 1987 He then reviewed a sketch plan which had been presented to the Council and Planning Commission at prior meetings. Mr. Putnam stated that at the request of the City, he has taken a look at incorporating a community athletic facility into his plan, and he reviewed the sketch plan for the Council and audience, noting that the plan had been reviewed by the Park Commission at its November meeting. He stated that the housing area has been increased from 80 acres to 102 acres but that the same types of housing are being proposed: townhouses and condominiums ranging from four to sixteen units which will be neither high-rise nor rental. He pointed out that the major change from the original proposal is that a community athletic facility is now located in the south center of the property. Mr. Putnam stated that the plan includes a neighborhood park, and tot-lot and will be similar to the Friendly Hills Park. He stated that the public areas will comprise about 40% of the property and will include a trail system around the lake areas and through the prime area in the woods. Mr. Putnam stated that Centex proposes 500 units over the 102 acre property, and that if a bond issue passes, the City would be purchasing a portion of the area for community recreation space and the neighborhood park would be dedicated and graded by the developer. With respect to the neighborhood shopping center, Mr. Putnam stated that in the original plan the area at the corner of Dodd and Mendota Heights Road nd 1-494 was planned for high density housing. He asked that the Council consider changing the five to six acre parcel to a neighborhood shopping use rather than high-density housing. He informed the Council and audience that if the use is approved he would propose a convenience store, neighborhood retail shops and a family restaurant. Mr. Putnam stated that at this meeting he is only requesting the City to approve a comprehensive plan amendment from HR to NB, and if approved, he would then prepare detailed plans for submission and approval. He informed Council that he does not know when or how he will develop the remainder of the property between the Patrick property and the proposed Dodd Corners, but suggested that he may consider elderly housing on part of the property and possibly low density townhouses in the woods. Page No.2207 November 19, 1987 Mayor Mertensotto asked City Planner Howard Dahlgren to give the audience and Council an overview and comment from a planning standpoint. Mr. Dahlgren stated that the school district plans to sell the site designated for school use and one of the hearing components this evening is to change the designation for that site to single family residential. The other school district parcel, now designated for park, would be designated as a school site. He stated that if this were to occur, the City would be without a park site, and therefore Council has asked Mr. Putnam and Centex to provide for a community athletic complex on their property. He stated that he feels the basic concept of traffic circulation to the athletic facility and Kensington is excellent and noted that a park close to a freeway is a good land use. Regarding the neighborhood business proposal, Mr. Dahlgren stated that there is a good deal of development going on south of 1-494 and considerable traffic generation. He noted that the developer could put an office on the property, but it would only add more traffic to the area. He suggested that if a neighborhood center were located on the site, the traffic would be off-peak and the kind of mixed use that is proposed would be serving our community rather than as a regional service area, such as an office building which would bring in added traffic. He stated that if nothing is done there and the neighborhood must be served by the shopping center to the north, the traffic would create problems for homeowners on Decorah, which he felt would be used as the access to Dodd and the Mendota Plaza. He felt that if the neighborhood center were allowed, people could use Huber Drive to get to Mendota Heights Road to shop, and he believed that this would benefit the Friendly Hills neighborhood by relieving potential traffic impact. Mayor Mertensotto asked for questions and comments from the audience. Administrator Frazell reminded the audience that at issue this evening is the three Comprehensive Plan amendments, that the Kensington development proposal is not under discussion this evening but will be discussed at a public hearing before the Planning Commission on November 24th and the Council on December 1st. Page No.2208 November 19, 1987 Mr. John Lapakko, 825 Cheri Lane, stated that the City has an athletic facility at Sibley and the City has lots of parks. He asked whether the public could not be better served by having an athletic complex to serve the high school at Sibley and a passive park on the Centex property. He stated that he doesn't know why the City needs such an enormous park in the opposite end of the City. Mayor Mertensotto responded that the athletic complex envisioned at the Henry Sibley site was at first a 28 to 29 acre complex which turned out to be a youth complex. He stated that what is proposed for the Centex site is a community recreation center and that he is sure that some time in the future the City will need not only this park but also one at Sibley. Mr. Lapakko asked Mr. Putnam how he expects to have a successful neighborhood business center when there are so many spaces empty in the Mendota Plaza. Mr. Ultan Duggan, 813 Hazel Court, asked what guarantee the City can give to the residents that there will be a 31 acre park in the southeast area. He stated that the City is technically losing park land, (by changing the designation on the School Forest property), and that if a referendum doesn't pass the City does not know whether there will be a park on the (Centex) site. He also suggested that the tendency when commercial is placed at a corner is for the same type of use across the street. He asked what guarantee the Council will give that it will not allow commercial on the school district property. Councilmember Blesener responded that there has never been a guarantee that the 31 acre school site would ever become a park since the land is not City owned. Councilmember Hartmann pointed out that the City does not own any of the land that was designated as park on the Comprehensive Plan. Councilmember Cummins stated that there are absolutely no guarantees, but that while the Council has been divided on where an athletic complex should go, it is united on the fact that there should be an athletic complex: the voters will decide at a referendum. Mr. Duggan felt that the tendency would be to rezone the north side of Mendota Heights Road once Page No.2209 November 19, 1987 the neighborhood center were to be developed, and asked what guarantee the Council could give that this would not happen. Mr. Bob Doffing, 1900 Twin Circle Drive suggested that the voters could be offered a choice of the Sibley and Centex sites at a referendum. He stated that the Park and Recreation Commission did a comprehensive needs study of the community and came up with the conclusion that the City needs only one major athletic complex which should be centrally located. He asked how many parking spaces are planned for the complex and how much the land will cost the City. Mr. Putnam responded that there are about 300 parking spaces on the plan, expandable to 350 or 360. Regarding the property cost, he explained that the athletic complex would result in the City acquiring roughly 30 acres more than what would be required as park contribution for the development and that Centex has suggested that the value of land is dependent on the number and types of housing allowed on the land. He indicated that if the City approves the Kensington Plan B as submitted with approximately 500 units, the price per acre to the City could be $22,000 to $25,000, which is 30% less than the cost per acre Centex has contracted to pay Mr. Riley for the land. Mr. James Losleben, 815 Hazel Court, stated that the 1979 Comprehensive Plan showed the land as single family and that he has always been concerned on impact on the area, density and traffic. He stated that a petition against an increase in density signed by 880 people was submitted in 1985, and resubmitted a copy of the petition. He also read and submitted a new petition signed by 400 people, asking for no change in the Comprehensive Plan for the Southeast Area. He felt that an increase in the density will have a negative impact on the values of homes in the area and that the park site is so clouded that it shouldn't be an issue. He also stated that he wants to keep the park designation on the School Forest property. Mr. Bernard Friel, 750 Mohican Lane, stated that Mr. Duggan made a good point on the park area designation being on the Comprehensive Plan for a long time. He felt that an effort should be made by the Council, since it was designated on the Comprehensive Plan, it should go to a bond •issue to implement the original plan. He further stated that it should be made clear that while the plans Page No.2210 November 19, 1987 shown by Mr. Putnam and the City indicate HR and MR, the fact is that those changes have never become effective and the Comprehensive Plan still shows that legally the property is still single family, and that the City withdrawing its request for change from the Metropolitan Council in the spring of 1985. Regarding the commercial area proposal, he felt that such a development would bring in more than a little traffic from the freeway. He stated that on October 15, 1985, the Council by a 5 to 0 vote rejected any change to commercial for that property, and that he knows of nothing that has happened to change the Council position. Mr. Friel stated that under the existing zoning and Comprehensive Plan, if a park were to be put on the Centex land there could be 120 to 240 units on the land rather than 540 units; the commercial site involves five plus acres and an additional 7 acres (under the Putnam proposal) would create an additional 99 family units for a total of 640 units where current zoning would mean 240 units. He stated that this significantly impacts the quality of life in the area and in the City in general. Mr. John Schwab, 753 Evergreen, asked whether there are any plans for additional stop lights at Mendota Heights Road and Dodd and whether the City has the jurisdiction to install lights. He stated that with the anticipation of a new school in the area, in addition to St. Thomas and Visitation, a large percentage of the City's students will be in the area and traffic control is very serious to consider. Mrs. Rita Lew, 726 Decorah, stated that in the year she has lived in the City she has seen the rural atmosphere diminish and asked what power the residents have to affect what happens in the City: who makes the final decision. Mrs. Ruth Hipp, 2124 Aztec Lane, stated that it seems like developers are "on the prowl" in the City and get whatever they want. Mr. Steve Nelson, 666 Apache, asked how the decision will be made to resolve the questions before Council and when the decision will be made. Mayor Mertensotto responded that the hearing this evening is to consider the Comprehensive Plan amendment requests. Page No.2211 November 19, 1987 Councilmember Cummins stated that none of this is very new except for the idea of locating a park in the area. He stated that in 1985 Council commissioned a study on what was appropriate to do in the Southeast Area and the Council has spent many months discussing the issue. He stated that the Council has worked very hard on planning for the area and decided on and made changes in the Comprehensive Plan after many hearings. He stated that the Southeast Area Comprehensive Plan amendments require that none of the buildings could be more than 16 units and that Council did what it could to guarantee owner-occupancy. Councilmember Cummins noted that the issues have been discussed at great length over several years and that in his opinion Council is not likely to change its mind on the density it decided on two years ago. Mr. Friel stated that it should be pointed out that in 1985 the Council acted to make Comprehensive Plan changes and that he and others instituted a lawsuit. He alleged that it was determined in the suit that the Council had acted illegally and that this is a part of the history. City Attorney Tom Hart stated that while Mr. Friel is much more intimate with the details of the suit, the City was not a party to the lawsuit. He stated that the question in the lawsuit was whether the people who initiated it had probable cause: that was the issue, not whether the City had acted illegally. Mr. Losleben asked, if the Comprehensive Plan designation is changed from School to single family, what language Council can place in the amendment on the property so that its developer cannot trade water area for density for housing. Councilmember Biesener stated that she would have no problem with putting language in the amendment affecting that land to not allow a PUD or whatever which would allow density for water area. Mr. Richard Gabriel, 670 Apache Lane, stated that he doesn't understand what the procedure is. He stated that he has notices of meetings on December 1st and November 24th and asked when the applications would finally get approved. Councilmember Biesener responded that a Comprehensive Plan amendment was approved by the Council two years ago and that what is being discussed tonight is three changes to that Page No.2212 November 19, 1987 amendment and submission of the entire Southeast Area amendment to the Metropolitan Council. She pointed out that the November 24th Planning Commission hearing will be to look at the details of the first stage of the Kensington housing proposal. Mr. Duggan asked Council to reconsider that this is the last major piece of land we have anything to do something with in Mendota Heights. He stated that he believes the Council must consider a "maximum minimum:, reducing the number of units to an acceptable level. Mrs. Julie Losleben stated that she is confused over where we go from here. She did not understand how Council can designate changes in the area on changes made two years ago that have not yet been put into affect. She stated that the 1985 amendments have not yet been acted on. Mrs. Rene Schuster, 729 Mohican Court, stated that she moved to Mendota Heights a short time ago for the openness and now there is discussion over development. Mr. Jack O'Brien, 807 Hazel Court, stated that he moved here a year ago and bought his home with a view of the open space and now is having that taken away. He stated that he has been to several meetings on these issues and that Council is moving like a glacier. Mr. Paulsen stated that he is considering moving to 803 Hazel Court because it is a desirable community. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed at 8:22 P.M. Councilmember Blesener seconded the motion. Councilmember Blesener moved to revise the Southeast Area Comprehensive Plan Amendment to reflect a change in designation of the School Forest site from Park to School and from School to LR and to provide language in the Comprehensive Plan amendment that allows only single family residential development without transfer of density - free-standing homes on 15,000 square foot lots without use of water in the calculation of density. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Ayes: 4 Nays: 1 Blesener Page No.2213 November 19, 1987 Council discussed the City Administrator's report relative to whether the Comprehensive Plan should be amended to reflect a recreation center/park on the Centex property. Mayor Mertensotto felt that the Plan should be amended to show the incorporation of the recreation facility as shown on Centex Plan B. Councilmember Witt asked what would happen if the referendum doesn't pass and the land is designated as Park on the Plan. Administrator Frazell stated that the Comprehensive Plan would then need to be amended again. Councilmember Blesener stated that she doesn't see that the Council needs to get itself involved in that potential re-hearing on the issue. Councilmember Cummins stated that people are interested in a park on the Centex land and would like to see Council's intent by designating the land to show that Council intends to go to a referendum for this site. Councilmember Cummins moved to amend the Southeast Area Comprehensive Plan amendment to reflect the location of the park in the area indicated in Centex's Plan B. Councilmember Hartmann seconded the motion. Regarding the Neighborhood Business proposal, Councilmember Blesener stated that when Council first looked at a concept plan a few years ago, it was denied with the intent that Council would not consider neighborhood business until it has something of merit to consider. Councilmember Witt stated that her interpretation of the past discussions over neighborhood business was that Council would consider a proposal if there was neighborhood support for it. She stated that when the area was discussed two years ago one of the parameters was that commercial would not cross TH 149, that the east of 149 should remain residential. She did not feel there is support for a neighborhood business center and would therefore not support the concept. Mayor Mertensotto stated that other members of the Council are as concerned as he is on the domino Page No.2214 November 19, 1987 affect on the property across the street and pointed out that the school property is for sale and Council will soon know who its developer will be. He stated that he feels Council should see what is being considered for the remaining ten acres between the proposed center and the Centex property before it considers the neighborhood business request. Councilmember Blesener pointed out that the language Council just stipulated in the Comprehensive Plan amendment for the School Forest property should address the Mayor's concern over a domino affect and that nothing other than single family use will be allowed on that property. Councilmember Cummins stated that he too is concerned that a neighborhood business center might attract additional traffic into Mendota Heights and that he could not support a Comprehensive Plan change at this time. Councilmember Hartmann stated that very recently Mr. Putnam reviewed a number of uses which could possibly go on the subject site, including a church, and that everyone must recognize that it is a difficult piece of land to develop. Councilmember Blesener stated that she feels a neighborhood commercial center is a reasonable use for the land and that the number of people in the southeast area who would use this type of facility might mandate it. Mayor Mertensotto suggested putting the request on hold until a proposal for development of the school property is known. Mr. Putnam responded that he does not think it fair to Opus (the property owner) who has had the land under option to Tandem for two years and that "wait on it" was exactly the same thing Council said two years ago. He asked that Council act on the issue so he and Opus can move on. Councilmember Cummins moved to amend the Comprehensive Plan to change the western portion of the high density residential area to be designated as NB-PUD. Councilmember Blesener seconded the motion. Witt Ayes: 5 Nays: 0 Page No.2215 November 19, 1987 Councilmember Blesener moved to direct staff to submit the approved Southeast Area Comprehensive Plan amendments, including changes made this evening, to the Metropolitan Council. Councilmember Hartmann seconded the motion. Administrator Frazell stated that the Metropolitan Council has notified the City that it would approve the already-submitted Southeast Area amendments as soon as the City has complied with the guidelines for airport noise and that the action earlier tonight amends the document already submitted. RECESS Mayor Mertensotto called a recess at 8:45 P.M. The meeting was reconvened at 8:55 P.M. HIGHWAY 55 CORRIDOR Mayor Mertensotto opened the meeting for the purpose of an informational discussion on the Highway 55 Corridor Study. City Planner Dahlgren stated that the purpose of the informational meeting is to review the TH 55 Corridor Study with the people who live along Highway 55, and to discuss the findings and the recommendations to Council. He pointed out that there is no intention to make any decisions this evening, but rather to inform everyone to the maximum extent possible. Mr. Dahlgren then showed slides of the corridor and reviewed drawings and charts on the impact areas and analyzing costs for a potential City buy-out of homes in the area. He reviewed results of a mailed survey to the area residents, which indicated that approximately two-thirds of the respondents would rather move out than stay in the corridor area. He stated that he believes the interests of the land- owners would be best served by making a decision on whether to bring in utilities to serve the area, which would result in the homes staying in the area in perpetuity, or to remove the homes. He pointed out that the City must have a developer interested in using the land so that TID financing is worked out before the City can get involved in purchasing the homes. He also pointed out that it will not be likely that developers will show any interest in the area until a completion date for Highway 55 improvements and replacement of the Mendota Bridge is established. Mayor Mertensotto stated that the study indicates that it is feasible to put the Furlong area into a Page No.2216 November 19, 1987 Tax Increment District and recover acquisition and improvement costs but that the people must let the Council know if City acquisition is the direction they want the Council to take. Mr. Galen Funk stated that he lives on Rogers Road and that the Rogers Road area is already in the TID. He stated that unless that City can get the airport runways changed he is ready to have his home acquired. Treasurer Shaughnessy stated that he hopes the residents don't have expectations that the City can't meet: it will be five years before the City could begin to implement a buy-out program. It was the apparent consensus of the audience that the City should proceed in the direction of buying out the homes and trying to find a developer who will enter into an agreement to buy the land from the City. Responding to a comment from Councilmember Blesener that it doesn't make sense that this project must wait until the Mendota Bridge is reconstructed, Planner Dahlgren stated that a developer would want to know that the highway system would be complete when his buildings would be ready to market. He suggested that the City pressure Mn/DOT to get the system done. Councilmember Blesener asked why the public utilities cannot be installed now since other land uses will need the utilities in the future. Mayor Mertensotto asked whether there might be federal grant money available. Treasurer Shaughnessy stated that the installation of utilities in the Furlong area is one of the projects identified in the Tax Increment plan currently in place, as well as is the take-over and redevelopment of the Rogers Road area, however the purchase and redevelopment of the Furlong area properties is not in the existing plan. He stated that the current TID plan would subsidize sewer and water to the area to the extent that the utilities would cost the same for the Furlong residents as is currently being assessed to other residential properties. Planner Dahlgren stated that the real question is, under the aircraft noise conditions the area now endures, do the residents want to stay there, and, RECESS APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CONSENT CALENDAR Page No.2217 November 19, 1987 also, will the value of their properties increase another $15,000 by virtue of utility installation. Mr. Art Mulvihill asked that the Council put pressure on Mn /DOT, demanding that they accelerate the bridge reconstruction. Councilmember Blesener stated that it appears that the City's next step would be to have Mr. Dahlgren and the City staff develop a program to see what can be done to attract a developer and to contact Mn /DOT with respect to speeding up the highway construction program, and also, that the residents should contact their legislators to pressure for funding for the highway and bridge construction. There being no further discussion on the Highway 55 Study, Mayor Mertensotto called a recess at 10:25. The meeting was reconvened at 10:35 P.M. Councilmember Cummins moved approval of the minutes of the November 3rd meeting with correction. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval of the minutes of the November 10th Adjourned meeting with corrections. Councilmember Witt seconded the motion. Councilmember Hartmann moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the Fire Department monthly reports for September and October. b. Acknowledgment of the Treasurer's monthly report for October. c. Approval of the list of contractor licenses dated November 19, 1987 and attached hereto. d. Approval of the List of Claims dated November 19, 1987 and totaling $346,592.96. e. Approval of a modified critical area site plan for 1221 Culligan Lane, to allow C.J. Homes to construct a new home on Lot 7, Block 1, Valley Ayes: 5 Nays: 0 HEARING -- WARRIOR DRIVE RIGHT-OF-WAY VACATION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No.2218 November 19, 1987 View Oak Addition, along with waiver of the $100 site plan review fee. f. Acknowledgement of a refund of the $5,013.00 reserve assessment payment made by the City to the League of Minnesota Cities Insurance Trust in 1985. g. Acknowledgment of the minutes of the November 10th Park and Recreation Commission meeting. Councilmember Witt seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Richard Bjorklund and Leroy Hanson for the vacation of Warrior Drive right-of-way and slope easements. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed at 10:39 P.M. Councilmember Hartmann seconded the motion. Councilmember Blesener moved adoption of Resolution No. 87-107, "RESOLUTION APPROVING VACATION OF RIGHT-OF-WAY AND CONSTRUCTION EASEMENT," and authorization for execution of the associated quit claim deed by the Mayor and City Clerk. Councilmember Hartmann seconded the motion. Mayor Mertensotto noted some errors needing correction in the quit claim deed. FIRE HYDRANT BID AWARD Council acknowledged receipt of bids received for the installation of fire hydrants to serve the Lexington Heights apartments. Councilmember Hartmann moved adoption of Resolution No. 87-108, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR INSTALLATION OF FIRE HYDRANTS TO SERVE LEXINGTON HEIGHTS APARTMENTS (IMPROVEMENT NO. 86, PROJECT NO. 14), awarding the contract to Lessard- Nyren Utilities for their low bid of $19,295. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 G & L BID AWARD Ayes: 5 Nays: 0 G & L PROPERTIES Page No.2219 November 19, 1987 On the recommendation of the Public Works Director, Councilmember Witt moved to authorize the Mayor to execute the necessary easement agreement with the City of St. Paul. Councilmember Hartmann seconded the motion. Council acknowledged receipt of a tabulation of bids received for construction of public improvements to serve the G & L Properties plat. Councilmember Blesener moved adoption of Resolution No. 87 -109, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS, WATERMAINS, STORM SEWERS AND STREETS TO SERVE G & L PROPERTIES (IMPROVEMENT NO. 85, PROJECT NO. 3)," awarding the contract to Richard Knutson, Inc. for their low bid of $231,939.50. Councilmember Cummins seconded the motion. Council acknowledged a letter from Langer Construction Company requesting that payment of the park contribution for the plat be tied to sale of the lots and also requesting City participation in the cost of relocation of ,_- the NSP gas lines to the east of proposed Northland Drive. The Council also acknowledged an associated report and recommendation from Treasurer Shaughnessy. Mr. Lou Langer, present for the discussion, asked that Council approve a phased payment of the park contribution. Mayor Mertensoto informed Mr. Langer on recent action taken to collect delinquent park contributions and on Council's reluctance to schedule payments. He felt, however, that the Treasurer's recommendation that half of the amount should be paid at final plat execution, with the remainder payable in one year, at 7.5% interest on the unpaid balance. Council directed that the Developer's agreement be amended to reflect the Treasurer's park contribution payment recommendation. Mr. Langer explained his request for Tax Increment District financial participation in the relocation of NSP gas lines which restrict the development of Lot 3, Block 1. He stated that if the gas lines are moved, a mound of dirt which exists on the site can be graded in accordance with the grading plan VICTORIA HIGHLANDS Page No.2220 November 19, 1987 and that the lot would then allow a larger building. Treasurer Shaughnessy stated that relocation of the lines could result in a building which would increase the tax increment by $12,000 to $15,000 annually. He stated that _.,-- NSP will not move the lines until next spring, after the heating season, and recommended that Council consider granting the request for the TID to pay half of the estimated $75,000 to $85,000 relocation cost, subject to the developer having a firm building proposal prior to May, 1988 which would prove the increased value to the Tax Increment District. Mr. Langer stated that he needs to do the grading before he can develop the lot. Responding to a question from Mayor Mertensotto, he stated that he is willing to spend $40,000 or more to improve the lot because he knows that development of the lot will be limited without the line relocation. Councilmember Blesener asked whether Mr. Langer is willing to commit to the total cost and then come back after he has a commitment on a building. She stated that the City could go on record that it will pay half of the cost via TIF once a building is committed to the lot. She felt that in the meantime itiMr. Langer's responsibility to pay the costs. Councilmember Cummins agreed, stating that until it is down on paper (plans for a building) that the City will get demonstrated value he doesn't see that the Council can do anything on the request. He pointed out that the City's engineering staff can tell Council what can be built on the site in its current condition, and if Mr. Langer can prove to Council after grading and a building is planned to be built on the lot, Council can consider the request. Councilmember Blesener stated that the applicant must bring someone forward who will want to build a bigger building than the lot will currently accommodate and that in the meantime Mr. Langer must bear the risk for doing the line relocation. On the recommendation of the Public Works Director, Councilmember Cummins moved adoption of Resolution No. 87-110, "RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS." Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CITY HALL FINANCING Ayes: 5 Nays: 0 CITY HALL PROJECT MANAGER Ayes: 5 Nays: 0 JOINT MEETING Page No.2221 November 19, 1987 Councilmember Blesener moved adoption of Resolution No. 87 -111, "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR VICTORIA HIGHLANDS." Councilmember Witt seconded the motion. Councilmember Blesener moved to authorize the Mayor and City Administrator to execute the Victoria Highlands Developer's Agreement. Councilmember Witt seconded the motion. On the recommendation of Treasurer Shaughnessy, Councilmember Blesener moved adoption of Resolution NO. 87 -112, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS APPROVING THE ENTERING OF A LEASE WITH OPTION TO PURCHASE AGREEMENT WITH JURAN & MOODY CAPITAL CORPORATION AND AUTHORIZING EXECUTION OF ANY RELATED DOCUMENTS." Councilmember Cummins seconded the motion. Staff was directed to work out details on the description of land to be included in the lease. The Council acknowledged receipt of a proposed agreement with Eugene Lange for service as City Hall Project Manager. Councilmember Witt moved to approve Project Manager Consulting Services Eugene H. Lange. Councilmember Blesener seconded the the City Hall Agreement with motion. The Council acknowledged a memo from the City Administrator relative to a request from the Park Commission that Council conduct a joint meeting with the Commission on December 10th. Councilmember Blesener recommended that the joint meeting be conducted prior to the date of the next Council meeting. It was the consensus of the Council that the joint meeting be conducted at 7:15 A.M. on Tuesday, December 1st. Council selected Monday evening, November 30th as an alternate meeting date should the Park Commission members not be able to meet on December 1st. STORM DAMAGE Ayes: 5 Nays: 0 PERSONNEL KENSINGTON ESTATES Ayes: 5 Nays: 0 COUNCIL COMMENTS Page No.2222 November 19, 1987 Council acknowledged a report from the Public Works Director regarding bids received for repair of damages caused by the July 23rd super storm, along with information on federal disaster assistance monies. Public Works Director Danielson recommended that purchase orders be awarded for the repairs. Councilmember Blesener moved to adopt the Public Works Director's recommendation and award purchase orders for storm damage repairs as follow: Federal Project No. 11752, St. Thomas Academy pond repair, $870.00 purchase order to Sherff; Federal Project No. 11742, Marie at Wachtler ditch and culvert cleaning, $1,440 to Reisinger; Federal Project No. 11746, Somerset School gabion repair, $7,085.65 to Reisinger; Federal Project No. 11762, Somerset Country Club dam repairs, $3,465.00 to Reisinger; and Ivy Park storm sewer repairs, $1,000 to Reisinger, and to direct staff to submit a request for additional federal funding for projects 11746 and 11763. Councilmember Hartmann seconded the motion. The Council acknowledged a memo from the City Administrator requesting a meeting to discuss the City Administrator's 1988 compensation. It was the consensus of Council that the Council meet with the City Administrator at 7:10 P.M. on December 1st to discuss his 1988 compensation. Public Works Director Danielson reminded the Council that it had not taken action during the Comprehensive Plan amendment hearing portion of the meeting to consider the Kensington Estates EAW. Councilmember Hartmann moved to approve the Kensington Estates Environmental Assessment Worksheet, modified to incorporate the changes to Item 5 as recommended in the Public Works Director's report dated November 19, 1987, relative to the City's decision to put an active park on the site. Councilmember Witt seconded the motion. The Council acknowledged and discussed a resolution from the City of Mendota, which had been sent to all Council members, regarding drainage from ADJOURN Ayes: 5 Nays: 0 Page No.2223 November 19, 1987 Mendota Heights. It was the consensus that the Council should encourage the City of Mendota to become a member of the Lower Minnesota River Watershed Management Organization. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned to 7:10 P.M. on December 1st. Councilmember Cummins seconded the motion. TIME OF ADJOURNMENT: 11:27 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON NOVEMBER 19, 1987 Concrete Licenses: D & S Cement Company Dave Bell Masonry E. E. Masonry, Inc. Melek Concrete, Inc. R. Holmes Concrete, Inc. Excavating License: 1 Steininger Construction Co., Inc. Gas Piping License: Vallhaber Heating General Contractor Licenses: Advance Construction All American Building Systems, Inc. Chasid Construction Company John David Contracting, Inc. Kathys Konstruction Krew Loeffel-Engstrand Company Lund Martin Construction, Inc. Lynhoff Enterprises McDonald Construction, Inc. Paragon Designers & Builders Corp. Heating & Air Conditioning Licenses: Air Flow Systems, Inc. Vollhaber Heating Sign License: Mohr Advertising Agency