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1987-10-20 Council minutes2194 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 20, 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 7:35 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Abstain: 1 Blesener CONSENT CALENDAR Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Hartmann seconded the motion. Councilmember Cummins moved approval of the minutes of the October 3rd minutes with corrections. Councilmember Hartmann 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 minutes of the September 8th and October 13th Park and Recreation Commission meeting. b. Acknowledgment of a memo from the City Administrator highlighting important decisions made at the October 13th Park and Recreation Commission meeting. c. Acknowledgment of the Treasurer's monthly report for September. d. Acknowledgment of a letter from Dakota's Children, Inc. informing the Council that they have purchased a home at 732 Cheyenne Lane and will be using the home to serve four mentally retarded individuals. Ayes: 5 Nays: 0 STREET NAME CHANGE Ayes: 5 Nays: 0 STREET LIGHTS Ayes: 5 Nays: 0 CORNICK WATERMAIN Page No. 2195 October 20, 1987 e. Approval of the list of contractor licenses dated October 20, 1987 and attached hereto. f. Approval of the list of claims dated October 20, 1987 and totaling $342,654.09. g. Acknowledgment of a notice from the City's insurance carrier of the denial of a storm damage claim submitted by Mr. & Mrs. Rodney Carey, 976 Douglas Drive. Councilmember Cummins seconded the motion. Council acknowledged a letter from Ms. Jean ZaiKaner, who was present for the discussion, requesting that Elb Lane be renamed "Arvin Drive." Councilmember Cummins moved to direct staff to prepare an ordinance effecting the street name change. Councilmember Hartmann seconded the motion. The Council acknowledged a tabulation of bids received for the commercial district street lighting system. Public Works Director Danielson informed Council that an award cannot be made until MSA approval is received and recommended that Council accept the bids Councilmember Cummins moved to accept the bids received for the commercial district street lighting system project. Councilmember Blesener seconded the motion. Council acknowledged and discussed a report from Public Works Director Danielson relative to a request from Mr. Mike Cornick, 1176 Sibley Memorial Highway, for an extension of the City's watermain to serve his property. Mr. Danielson recommended that Council allow Mr. Cornick to extend a long service to his property from the Kingsley Estates since there is no watermain directly available to the Cornick property. He also recommended that Council waive the normal connection charge because the estimated cost to Mr. Cornick for Ayes: 5 Nays: 0 HOCKEY FENCING Ayes: 5 Nays: 0 CASE NO. 87-32 BRASSARD Page No. 2196 October 20, 1987 the Kingsley Estates service connection is $7,500. Responding to Council questions, Public Works Director Danielson stated that a typical watermain assessment would be about $3,000 to $4,000 and that a typical connection charge would be about $3,000. Councilmember Hartmann moved to waive Mr. Cornick's connection charge and allow him to work with the Kingsley Estates owners to connect to their system. Councilmember Witt seconded the motion. Council acknowledged a report from the City Administrator and tabulation of quotes received for the installation of backstop fencing at the Wentworth Park hockey rink. Councilmember Cummins moved to designate the Wentworth Park hockey rink as the primary practice rink to be used by Mend-Eagan Athletic Association hockey teams and approving the award of the installation of fences to Midwest Fence in the amount of $2,000. Councilmember Biesener seconded the motion. Council discussed a report from the Public Works Director relative to a request from Mr. John Brassard, 1205 Sylvandale Road, to install gabions along a branch of Ivy Creek as bank protection for his backyard and home. In his report, Mr. Danielson had recommended that Council table action on the request and conduct an informal hearing with other property owners adjacent to the creek to determine whether the property owners would like the City to initiate Phase II of the Ivy Creek drainage improvement project. Mr. Brassard, present for the discussion, stated that because it takes nearly six weeks to get the needed gabions he would not be able to start his proposed bank protection this year. He had no objection to Council tabling the wetlands permit application action to a later date. G & L PROPERTIES Ayes: 5 Nays: 0 Page No. 2197 October 20, 1987 It was the consensus of Council that discussion on the matter be continued to November 17th and that staff be directed to invite the other landowners adjoining the creek to attend an informal hearing on November 17th. Council acknowledged the plans and specifications for construction of public improvements to serve the Northland Plaza, Improvement No. 85, Project No. 3. Mr. Dale Glowa, from United Properties, was present for the discussion and informed Council that United Properties has registered the name Northland Plaza with the Secretary of State's Office and is therefore very sensitive to the fact that the developers of this property have used the name. He stated that he does not expect Council to enforce United Properties' rights and that he will contact the developer, Mr. Langer, but wanted the City's record to show that he had objected to the use of the name. Councilmember Cummins moved adoption of Resolution No. 87-103, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE THE G & L PROPERTIES PLAT (IMPROVEMENT NO. 85, PROJECT NO. 3)." Councilmember Witt seconded the motion. MISSISSIPPI RIVER WMO The Council acknowledged and briefly discussed a memo from the Public Works Director regarding the Mississippi River Watershed Management Organization plan review. EQUIPMENT CERTIFICATES On the recommendation of Treasurer Shaughnessy, Councilmember Cummins moved to authorize solicitation of offers to purchase an issue of $380,000 Equipment Certificates to be received on December 1, 1987. Councilmember Biesener seconded the motion. Ayes: 5 Nays: 0 TH 55 CORRIDOR STUDY Council acknowledged a memo from the City Administrator relative to distribution of the TH 55 Corridor Study. Page No. 2198 October 20, 1987 Councilmember Blesener moved that a special meeting be conducted on Thursday, November 19th for a discussion of the study with the Furlong area neighborhood residents. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 HEARING: TANDEM/CENTEX Mayor Mertensotto opened the meeting for the purpose of a public hearing on applications from Tandem Corporation for a change in Comprehensive Plan designation for 5.2 acres immediately southeast of the Dodd Road/Mendota Heights Road intersection from HR-PUD to Neighborhood Business PUD and from the City for a change in Comprehensive Plan designation for lands north of Mendota Heights Road and east of Dodd from Park to School and from School to Low Density Residential, along with consideration of a request from Centex Homes for sketch plan approval for approximately 540 multi-family units on an 81 acre site south of Mendota Heights Road. Mayor Mertensotto informed the audience that while neither City nor State regulations require public hearings on Comprehensive Plan amendments by the Council, staff had published notice and recommended that Council conduct a public hearing and that about four-days' mailed notice had been given to affected property owners Mr. Dick Putnam, from Tandem Corporation, and Mr. Tom Boyce, President of the Minnesota Division of Centex Corporation, were present for the discussion. Mr. Putnam reviewed the sketch plans for the proposed 81 acre Kensington development project and the Dodd Corners neighborhood business project. He informed Council that approximately 25% of the 81 acre tract will be public areas including a 10 acre neighborhood park, a trail system, and natural areas around the lake and park. He explained that the proposed high-density residential area is proposed to be two and three story buildings consisting of 8, 12, 16 and possibly some 18 units per building, and will be totally consistent with the Comprehensive Plan. The medium density area is proposed to be developed as townhouses ranging in price from $90,000 to $115,000 per Page No. 2199 October 20, 1987 unit. Mr. Putnam stated that he understands that the City and School District have not yet determined whether a community athletic facility will be located at Sibley High School, and he reviewed two alternative plans for Kensington which showed an approximate 35 acre site for the athletic facility. He stated that Centex would construct the Kensington project in phases, the first of which would be 150 units west of the possible park location. Responding to a question from Mayor Mertensotto, Mr. Putnam stated that if the City chooses to locate the athletic complex on his property he would sell the necessary land to the City at the same per-acre price that he pays the current owner, James Riley. Also in response to a question from the Mayor, Mr. Putnam stated that he will dedicate 10 acres to the City for a neighborhood park along with the proposed trails. He stated that the developers will do all of the grading, seeding, blacktopping for the tot lot, volleyball areas, etc. and perhaps the tennis courts. He stated that he is not intending on just dedicating raw land but will also build part of the park facility for the City. He further stated that he would hope that the Council would give him credit for the improvements in negotiations for future park dedications for the remainder of the property in the area under his control. Mayor Mertensotto asked for questions and comments from the audience. Mr. Merrill Biel, 2563 Delaware Avenue, stated that he feels it would be reasonable to table the discussion since the neighbors really had no notification of the meeting and that they should be able to participate. He also stated that he has a problem with the 13 plus units per acre proposed for areas 3 and 4, both in terms of traffic impact and existing density. Mr. Ultan Duggan, 813 Hazel Court, asked what affect the added density will have on the City and wondered where the City is headed in relation to the Comprehensive Plan projections. He stated that Northwest Airlines is considering a larger development (in Eagan) south of the Tandem/Centex property and that there has been a suggestion that a Page No. 2200 October 20, 1987 roadway could potentially go through the Tandem property. He suggested that there seems to be some difficulty in deciding what type of housing can be constructed in this area because of the impact of air traffic noise, and stated that this is the last developable piece of of land in Mendota Heights and what is done with it is very important. Mr. Duggan stated that for a PUD request and Comprehensive Plan amendment the City needs something more complete that the sketch plan and further stated that he suspicions that the City is going in a piecemeal approach and spot zoning. Mr. Putnam stated that the sketch plans are as detailed as would be found in any community, that the units will be for-sale housing, not rental and therefore the market at the time of development will dictate the exact design of the structures. He stated that he and the City must agree on certain things, not housing, but more importantly parks and streets. In response to one of Mr. Duggan's comments, he stated that this is one of the largest projects planned for Mendota Heights and could hardly be considered spot zoning. He pointed out that he is not proposing changing the Comprehensive Plan other than for the park and that he has tried to address that issue and will work with the City to make a park work. Mr. Putnam stated that the Dodd Corners proposal is a separate project with separate ownership from Kensington but is dependent on Kensington for service. Mr. Putnam reviewed the Dodd Corners proposal, stating that it would include two separate uses for the site, five to seven acres on the corner, a 275' strip of land, as a neighborhood shopping area with a family restaurant, offices, a day-care center and shops. He pointed out that this proposal would represent a change from the H-R Comprehensive Plan designation for the site. The remainder of the site would be in two pieces, one to be developed in two to three unit townhouses, and the other he hopes to retain for elderly housing. Mayor Mertensotto asked about the Case property, located at the northwest corner of the site, and Mr. Putnam responded that if the plan is approved by Council he will acquire Page No. 2201 October 20, 1987 the Case property. Responding to the Mayor's concern that if the Comprehensive Plan amendment is approved the Case property could be sold to someone else for development, Mr. Putnam stated that this would be unlikely since the Case property would be very difficult to develop by itself. Councilmember Blesener stated that Council would have to insist that Mr. Putnam buy the Case property if the Comprehensive Plan amendment is approved. Mayor Mertensotto expressed concern over the impact commercial use of this site might have on development of the School District property across the street. He pointed out that development of the School property is of vital interest to the residential property owners to the north of the School District site. Mr. Putnam informed the Council that he has written to the School District to express his interest in purchasing the property if the School District is interested in selling it. Mr. Putnam reviewed several drawings of several potential uses for the Dodd Corners site and stated that he believes the commercial use proposed would be the best for the neighborhood and the City. Mayor Mertensotto stated that this the largest remaining undeveloped site in the City and he is therefore very concerned about the athletic facility issue. He pointed out that negotiations with the School District relative to the athletic complex have been going on for some time without resolution and felt that the issue of placing the facility on the Tandem /Centex site should be faced now. He also expressed concern that a potential developer of the School District site on Mendota Heights Road might come to the Council to argue that single family development would not be compatible with a commercial use across the street. He felt that residents in the area should be given an opportunity to get involved in the discussion on the issue and that the hearing should be continued to November 17th. Mr. Putnam stated that the Mayor had suggested continuing the hearing to November 17th and asked whether continuation could be to Page No. 2202 October 20, 1987 November 3rd. Mayor Mertensotto stated that staff had recommended continuation to the 17th because hopefully the City will have some determination on the Sibley athletic facility site by then and also because he hopes the City will have some definitive information from Mn/DOT on its intent on the suggested Eagan interchange by that date. He directed that staff send a letter to Mn/DOT asking for its intentions on the interchange matter. Responding to Councilmember Biesener's timing he anticipates between sketch plan and preliminary plan preparation, Mr. Boyce stated that if he could get sketch plan approval tonight he would come back on November 17th with preliminary PUD plans. He stated that he and Mr. Putnam would only be asking for preliminary plan approval for the first phase of the development at that time. He pointed out that he will need to know at that point whether there will be a community park facility on the site. Attorney Hart advised Council that any action tonight should be explicitly non-binding, and pointed out that the applicants are only asking for a general direction from the Council. Councilmember Blesener stated that she has thought a lot about the neighborhood business plan and that she thinks the uses of the land are limited. She felt that a church seems to be the only other alternative that would work on the site. She noted that the only other commercial area nearby is the Mendota Plaza and all of the development that is happening in the Copperfield area has no access to the Plaza. She felt that it would be wrong to force all of the Copperfield area onto Dodd to shop for a carton of milk. She stated that she is sensitive to this area being the front door to the City and felt that the development of the site should be something very special and that she could support a well-done small neighborhood center there. Councilmember Cummins stated that he thinks the Kensington proposal is wholly consistent with the Comprehensive Plan and appears to be a reasonable proposal. He stated that he has some reservations over the affect the neighborhood business use might have on the Page No. 2203 October 20, 1987 property across the street. Councilmember Witt agreed with Councilmember Cummins' comments on Kensington but that she would prefer to see the proposed neighborhood business site develop as residential because a commercial use would add much traffic that wasn't anticipated by the residents. Councilmember Hartmann also agreed with the comments on the residential development proposal. He stated that he thinks there would be a problem developing the proposed neighborhood business site other than as a neighborhood business center because it is such a narrow strip of land affected by freeway noise, air noise and the impact from traffic on Dodd Road. He stated that a neighborhood business center carefully done could work well on the site and makes a lot of sense, but pointed out that he would be definitely opposed to any business development on the north side of Mendota Heights Road. Councilmember Blesener stated that she is not sure that anything that would go on the site would not put the same pressure, in terms of domino affect, on the property to the north, and that it will be up to Council to hold to single family residential development on the property to the north. Mayor Mertensotto stated that the City has spent two years on the Southeast Area plan and since a single developer is interested in developing the entire property, he is vitally concerned about the park issue which he felt should be resolved before any approvals are given. He suggested that the public hearing be continued to November 17th. Councilmember Cummins concurred that before final approval is given to a PUD Council must resolve the park issue, but that regardless of the park issue, he feels the first phase residential development is very consistent with the Comprehensive Plan. He stated that he cannot attend the November 17th meeting but wants to be present for the public hearing. After discussion, Councilmember Cummins moved that the hearing be continued to the November 19th special meeting at 7:00 P.M. Councilmember Witt seconded the motion. \ Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page No. 2204 October 20, 1987 Council discussed Administrator Frazell's October 16th report to Council regarding Aircraft Noise Ordinance difficulties. Councilmember Cummins moved adoption of Ordinance No. 243, "AN ORDINANCE AMENDING ORDINANCE NO. 232," amending Section 10.B of the Aircraft Noise Attenuation Ordinance. Councilmember Blesener seconded the motion. There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned. Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT 9:27 O'Clock P.M. ATTEST: Charles E. Mertensotto Mayor athleen M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON OCTOBER 20, 1987 Excavating License: Albrecht Company Gas Piping Licenses: A.E. Nelson Plumbing & Heating Mitchell Company General Contractors: Authentic Companies, Inc. Berwald Roofing Co., Inc. Centex Homes Corporation Exterior Home Renew Lindstrom Cleaning and Construction, Inc. Republic Building Corporation Heating & Air Conditioning License: A.E. Nelson Plumbing & Heating Plastering/Stucco License: Milan Nelson Tree Removal License: Metro Tall Timbers