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1986-08-19 Council minutesPage No. 2575 August 19, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 19, 1986 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 Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA Councilmember Cummins moved adoption of the ADOPTION agenda for the meeting, including items contained in the add -on agenda. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CONSENT Councilmember Hartmann moved approval of the CALENDAR 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 Treasurer's monthly report for July. b. Acknowledgment of the minutes of the August 12th Special Planning Commission meeting. c. Approval of the List of Claims dated August 19, 1986 and totalling $246,219.46. d. Approval of the list of contractor licenses dated August 19, 1986 and attached hereto. e. Approval of the issuance of a two -day 3.2 malt beverage license to St. Peter's Church in conjunction with Father Galtier Days to be conducted on September 13th and 14th. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Joe Treuder informed the Council that a Page No. 2576 ( August 19, 1986 house moved to Hiawatha Avenue is still incomplete after considerable time: it still has not been backfilled, the yard is full of weeds, and the steel beams used in moving the structure are still laying on the lot. He asked that Council take action on the matter. Council directed that the Code Enforcement Officer to issue any reasonable citation possible and that his assistant contact the property owner regarding the weeds. Mr. James Losleben asked about the status of the Metropolitan Council's model noise ordinance. Mr. Paul Katz, 1855 Hunter Lane, asked several questions about potential construction of a new City Hall on the Civic Center site at Lexington Avenue. Mr. Katz expressed his objections to use of the site for a City Hall and his feeling that the site should remain in its undeveloped state. He asked that notices be sent to all residents before a decision on siting is made so that a petition opposing the Civic Center site can be circulated. HEARING -- Mayor Lockwood opened the meeting for the EASEMENT VACATION purpose of a public hearing on an application for the vacation of a utility easement which cross four lots in the Clapp-Thomssen Ivy Hill Second Addition. Ayes: 5 Nays: 0 Public Works Director Danielson explained the vacation request and described the easement location, pointing out that the City has no need for the easements. He recommended that the application be approved. Mayor Lockwood asked for questions and comments from the audience. There being no questions or Councilmember Cummins moved closed. Councilmember Witt seconded comments, that the hearing be the motion. Councilmember Cummins moved adoption of Resolution No. 86-74, "RESOLUTION APPROVING Page No. 2577 ) August 19, 1986 Ayes: 5 Nays: 0 HEARING -- CASE NO. 86-19, MENDAKOTA MALL VACATION OF A UTILITY EASEMENT." Councilmember Witt seconded the motion. Mayor Lockwood opened the meeting for the purpose of a continued public hearing on an application from the Hayber Group for Comprehensive Plan Amendment, Conditional Use Permit for Planned Unit Development and Rezoning to allow construction of a shopping center on 12 acres of property currently owned by Mendakota Country Club. The Council acknowledged a report from Public Works Director Danielson relating four items of concern expressed by Mn/DOT District 9 Project Engineer for the TH 149 upgrade. Council also acknowledged an opinion letter on the issue prepared by City Attorney Tom Hart. Mr. James Wenker, representing the Hayber Group, informed Council on projected traffic counts and the alignment of driveways with the Mendota Plaza and with South Plaza Drive. He responded to Council questions regarding Mn/DOT's comments. Mr. Wenker stated that he believes that his proposal and the Plaza are different enough that they will complement and be good for each other. Councilmember Cummins asked what kind of agreement might be worked out to give the Council assurances, before any action is taken on rezoning, that the proposal will be constructed if approved. Mr. Wenker responded that he must know what can be built on the site before he can begin a lease program or finance. He stated that Hayber is the only party negotiating with Mendakota and that Hayber is not in the business of building anything other than the type of center proposed. He pointed out that the Council has PUD process controls, and stated that he does not know what more assurances he can give at this time. Mayor Lockwood asked for questions and comments from the audience. Mr. Robert Utne, President of Mendakota, stated that all of the club's development plans are ) August 19, 1986 Page No. 2578 predicated on Hayber Group and its proposal and that if this proposal cannot be accomplished, neither Hayber nor anyone else will be before the Council for other development on the site. Ms. Ruby Hunt and Mr. John Todd, members of Mendakota, informed Council on votes taken by the club's membership on development plans. Mr. John Carl, co-chair of Mendakota's building committee, stated the clubhouse must either be remodeled and brought up to code or a new building must be constructed. He informed Council that the committee has been working on the issue for over two years and has determined that construction of a new facility would be more cost effective. He reviewed the club's budget for construction of a clubhouse on the eighth green and stated that in order to finance the facility, the club must sell a portion of its property. In response to a question from Councilmember Cummins on whether a new clubhouse could be built adjacent to the existing one, Mr. Carl responded that if this plan is not approved the committee will have to go back to the drawing board - the eighth green is the site desired by the membership. Mr. Don Lewis, co-chair of the building committee, stated that the club is about $500,000 short of necessary financing if it does not sell the property to Hayber and that the club has two options - sell the property and build the clubhouse as currently planned or cut back and build something similar to the existing facility. Mr. Bernard Friel stated that the issue is not what's good for Mendakota, but what is good for the City. He felt that nothing has been presented by the applicants which would recommend the rezoning. He stated that the shopping center across from the property has failed and there is no evidence that the Hayber proposal will not also fail. He suggested that the applicants and Mendakota could be more imaginative in preserving the underlying zoning and could enter into an indemnity agreement holding the City harmless against any August 19, 1986 Page No. 2579 consequence the City might incur if the developer backs away. He felt that the developer has given little thought to the exposure the rezoning would have on the City - once the property is rezoned Council would have a very hard time zoning it back. Mr. Ken Schweiger, 683 Ocala Lane, president of the Delaware Crossing Homeowners Association, stated that he has a different perspective. He stated that, as an example, his wife shops in West St. Paul or Highland because there is nothing available in the community. He stated that he sees the developer as being willing to put up an awful lot of money to construct a shopping center and being willing to take a risk which they probably would not take without some very viable reason. He felt that the development would provide a good anchor for the existing shopping center and that it would help the community. He stated that he has yet to see a community hurt by a quality development and encouraged Council to vote in favor of the application. Mr. Dick Putnam, developer of the Copperfield Additions and a member of Mendakota, stated that he is surprised that there is negative sentiment on the development. He stated that he does believes people moving into Copperfield do not do not reflect the thinking of Mr. Friel and others, but have an interest in improving the community, not opposing every development which is different. He felt that improvement of the shopping center is inevitable. He stated that he believes the mall proposal makes sense, both in improving the shopping and Dodd Road, and that the improvements will not materialize if the only contributor is Mendakota. He stated that he thinks the development would be good for the City, not just as it exists today but also as it is and will be developing. Mr. James Losieben, 815 Hazel Court, stated that he is opposed to development until there is a good road plan and expressed surprise that Mn/ DOT could summarize the traffic problems in four sentences. He stated that the Sheehy firm had good intentions for the Plaza but that strong assurances don't count when in the end ) Ayes: 5 Nays: 0 August 19, 1986 Page No. 2580 nothing gets done. He expressed concern over comprehensive plan changes and stated that he doesn't believe the decision for a new shopping area should be based on the fact that Mendakota needs a new clubhouse. Mr. Wenker stated that Hayber has been in business for 6 years and has completed about $60 million in construction, has $80 million in projects under construction and in excess of $200 million on the drawing boards. He informed Council on developments which his firm has completed, and informed that the firm has three successful malls in operation now, all essentially 100 percent leased and operating well. He stated that many of the people shopping in those malls are from Mendota Heights, that a fair percentage of sales are from this area, and that there is a market in Mendota Heights. He suggested that there is a high degree of probability that some sort of retail development will occur along Dodd or I- 494 because as the City develops the pressures for retail development will grow. Mr. Marty Stapleton, counsel for Mendakota, felt that Council must consider whether the proposal is suitable commercial development. He stated that there can be no B-4 development without PUD approval and that Council will have considerable control in the future because of the structure of the PUD ordinance. He stated that Council would have considerable discretion in the future if this project does not materialize. He further stated that Mendakota is not about to do anything that will jeopardize the quality of its course and that it is very important to the club that nothing be allowed in terms of development of the corner of the property that would not be good for the course as a whole. There being no further Councilmember Blesener be closed at 8:58 P.M. Councilmember Hartmann questions or comments, moved that the hearing seconded the motion. Planning Commissioner Ultan Duggan responded to a request from Mayor Lockwood for a review of the Planning Commission discussions on the application. August 19, 1986 Ayes: 5 Nays: 0 Page No. 2581 Councilmember Cummins asked if the City could enter into a contract with Mendakota and Hayber whereby those parties would agree that if the development does not proceed they would not oppose returning to the existing zoning. Attorney Hart responded that a third party developer would have the right to make application for rezoning to B-4 and force the City to come up with a justification for denying such application. He suggested that perhaps there could be some type of agreement from Hayber and Mendakota stipulating that if the property is not developed as proposed the property would not be sold. Mr. Stapleton stated that the club would agree not to oppose a change in zoning if the Hayber proposal did not proceed and would also agree to place a covenant on the land that would have a restraint on successors. Councilmember Cummins moved to table action o the matter to September 2nd and to direct that legal counsel for the City, Mendakota and Hayber prepare an appropriate agreement. Councilmember Hartmann seconded the motion. Councilmember Blesener suggested that there should be a Council workshop to discuss a number of concerns over the proposed development, such as traffic, road design and other concerns. It was the consensus of Council that the Councilmembers should submit lists of their concerns to staff so that those concerns can be addressed prior to the next meeting. Mr. James Losleben stated that he is concerned over a potential conflict of interest, since Attorney Hart is a member of the legal firm which represents Hayber. Mr. Wenker responded that his firm is represented by Mr. Roger Gordon, of Winthrop, Weinstein and Sexton, as bond counsel and in other real estate capacities but that Hayber has a staff attorney who could certainly represent Hayber before the Council if the City shares Mr. Losleben's concern. Attorney Hart stated that he would be happy to COPPERFIELD Ayes: 5 Nays: 0 CASE NO. 86-26, VAN Ayes: 5 Nays: 0 August 19, 1986 Page No. 2582 withdraw as City's counsel in this or any issue where there may be any question of interest. Councilmember Cummins stated that it had been disclosed that the law firm represents Hayber in other matters and that in fact he believes Mr. Hart's legal opinion was not favorable to the developer. He felt that retaining Mr. Hart in considerations on the issue would be in the best interest of the City and that his participation in the development of the agreements is very important to the City. Council acknowledged and discussed the proposed developers agreement for the Copperfield Second Addition. Attorney Hart expressed concern about some of the details of the agreement and suggested modifications. Councilmember Biesener moved to authorize the Mayor and City Clerk to execute the developers agreement for the Copperfield Second Addition subject to further clarification by the City's legal counsel. Councilmember Witt seconded the motion. Mr. Scott Van was present to request approval of his application for rear yard setback variance. Mr. Van explained that he would like to construct a new home at 1870 Hunter Lane, with a 30 foot rear yard setback but that since the lot is very deep the Zoning Ordinance requires that the rear yard be 20% of the lot depth, or 65.7 feet. He stated that he believes the proposed location is the best portion of the lot on which to place the house and the elevation on that portion of the site is high enough to allow connection to the sanitary sewer system without the need for a lift station. Councilmember Witt moved to approve a 35.7 foot rear yard setback variance at 1870 Hunter Lane. Councilmember Hartmann seconded the motion. NDC-4 PAYROLL AGREEMENT Ayes: 5 Nays: 0 August 19, 1986 Page No. 2583 Councilmember Hartmann moved to authorize the city Administrator to execute a payroll agreement with the Northern Dakota County Cable Communications Commission. Councilmember Witt seconded the motion. EQUIPMENT Council acknowledged a memo from Public Works Superintendent Olund reviewing bids received for the purchase of a one ton dump truck for the Public Works Department. Ayes: 5 Nays: 0 STORAGE TANKS Ayes: 5 Nays: 0 Mayor Lockwood moved to authorize the purchase of a one-ton dump truck cab and chassis from Lakeland Ford for $14,992. Councilmember Cummins seconded the motion. Mayor Lockwood moved to authorize issuance of a purchase order to A. Kamish and Sons in the amount of $1,850 for the removal of two underground gasoline storage tanks at the old fire station, subject to the contractor holding the City harmless from any damages which may occur as the result of removal. Councilmember Hartmann seconded the motion. 1987 BUDGET The Council acknowledged receipt of the City Administrator's proposed budget for 1987. CITY HALL It was the consensus of Council that a City Council/staff tour of City Halls be conducted at noon on August 27th. FENCE REQUIREMENTS Council acknowledged a report from the Code Enforcement Officer suggesting possible changes in the fence requirements of the Zoning Ordinance. Council referred the matter back to staff with the direction that additional alternatives be proposed. COUNCIL COMMENTS Councilmember Cummins suggested that Council conduct a workshop on the Comprehensive Plan to discuss what is currently happening and what is anticipated. ADJOURN Ayes: 5 Nays: 0 August 19, 1986 Page No. 2584 Mayor Lockwood stated that he had been contacted by the owner of property at Wachtler Road and Farmdale who complained that the City had removed shrubs located in the right-of-way. He informed Council that while the shrubs were on City property, the area had been maintained by the property owner. Public Works Director Danielson confirmed that the shrubs had been removed because they created a sight obstruction at the intersection and also obstructed the stop sign and fire hydrant. Mayor Lockwood asked whether Council felt that the property owners should be expected to bear the cost for replacement shrubs or whether the City should replace them. He stated that the property owner wants to place two spruce trees in the location but that he suggested deciduous shrubs. It was the consensus that the City expend a maximum of $50 for replacement shrubs and that the City should insist that there not be anything planted that will impede sight access. There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned to the August 27th City Hall tour. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 10:38 o'clock P.M. thleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor LIST OF 1986 CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON AUGUST 19, 1986 Excavating Licenses Danner Landscaping Midwestern Mechanical Chaves and Sons Excavating Consolidated Plumbing and Heating Company, Inc. J.J. Charles and Sons Excavating Gas Piping Licenses Consolidated Plumbing and Heating Company, Inc. Midwestern Mechanical Corporation General Contractor's Licenses Stephen J. Kroiss Hanson Construction Cardinal Homebuilders, Inc. Haselman Construction McDonald Homes, Inc. K and K Heating and Plumbing, Inc. Providence Builders Corporation Ryan Construction Company of Minnesota, Inc. Lawrence J. Scott Roofing and Siding Wayne Barkley Construction Single Ply and Bur Construction Great Escapes, Inc. Schell Builders, Inc. Edgewood Construction Bragg Enterprises, Inc. . Urban Heritage, Inc. Heating and Air Conditioning Licenses Midwestern Mechanical Corporation Seasonal Control, Inc. Masonry Licenses Asfeld Masonry Don Kimmes Masonry Fleischhacker Construction Company Mark A. Lenz Company