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1986-07-01 Council minutesPage No. July 1, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 1, 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 the 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, Hartmann and Witt. Councilmember Cummins had notified the Council that he would be out of town. AGENDA ADOPTION Mayor Lockwood moved adoption of the agenda for the meeting including additional items contained in the add-on agenda. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF Councilmember Hartmann moved approval of the MINUTES minutes of the May 20th meeting with corrections. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Witt 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 Code Enforcement monthly report for June. b. Acknowledgment of the minutes of the June 24th Planning Commission meeting. c. Approval of a change in time for Planning Commission meetings, changing the starting time for meetings from 8:00 to 7:00 P.M. d. Approval of the list of contractor licenses dated July 1, 1986 and attached hereto. Page No. July 1, 1986 e. Approval of the List of Claims dated July 1, 1986 and totalling $186,376.28. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 CABLE TELEVISION Mr. Fran Zeuli, Regional Manager for Continen- tal Cablevision, was present to update the Council on Continental's progress in cable construction in the City. Mr. Zeuli reviewed the construction and restoration process and answered Council questions. BID AWARD, UNITED METHODIST CHURCH IMPROVE- MENTS Ayes: 4 Nays: 0 NORTHEAST AREA STREET IMPROVEMENTS The Council acknowledged a memo from Public Works Director Danielson tabulating bids received for public improvements to serve the United Methodist Church and adjacent areas. Councilmember Witt moved adoption of Resolution No. 86-48, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS, WATERMAIN, STORM SEWER AND STREET IMPROVEMENTS TO SERVE ST. PAUL'S UNITED METHODIST CHURCH AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 2,)," awarding the contract to Orfei & Sons, Inc. for their low bid of $91,177.07. Councilmember Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of an informal hearing on street and drainage improvements to serve the northeast area. The Council acknowledged a report from the Public Works Director. Council discussed the portion of the report responding to a suggestion made at the last meeting regarding the realignment of a portion of Chippewa Avenue to avoid the taking of right-of-way from Ms. Luella Smith's property. Public Works Director Danielson reported that the proposed suggestion would remove the roadway completely from the Smith property and puts it entirely on existing City right-of-way on that side of the street. He informed Council that an additional $19,000 in project costs would be Ayes: 4 Nays: 0 Page No. July 1, 1986 required for driveway extensions, tree removal and right-of-way acquisition on the other side of the street. Mayor Lockwood reviewed the portion of the report regarding storm sewer along T.H. 13. He informed the audience that one option that looks desirable is to just line the existing ditch with bituminous material, for a cost of approximately $2,500, rather than extending the storm sewer system. Mr. Peter Solberg read and submitted a petition signed by 47 persons, petitioning that Chippewa Avenue be treated as a separate project. With regard to the Smith right-of-way acquisition, Councilmembers Witt and Blesener agreed that the taking would have some detrimental impact on Ms. Smith's property but that the alternatives are not reasonable when looking at the cost impact. Ms. Luella Smith, present for the discussion, stated that she does not want to give up any of her property and that if she did, she would not be able to sell her house because the setbacks would not meet City code. Mayor Lockwood stated that all of the questions brought up at the last meeting have been addressed, and none of the solutions to the Smith problem are totally satisfactory. He stated that those Chippewa Avenue residents not willing to share the benefits of M.S.A. funding with their neighbors must realize that they are residents of a neighborhood community and as such must share both the advantages and disadvantages of community life. After discussion, Councilmember Witt moved adoption of Resolution No. 86-49, "RESOLUTION HOLDING THE STATE OF MINNESOTA HARMLESS FOR GRANTING THE CITY OF MENDOTA HEIGHTS A VARIANCE." Councilmember Hartmann seconded the motion. Mayor Lockwood moved adoption of Resolution No. Ayes: 4 Nays: 0 Page No. July 1, 1986 86 -50, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF STREET IMPROVEMENTS FOR CHIPPEWA AVENUE, ELLEN STREET, GARDEN LANE, HIAWATHA AVENUE, FREMONT AVENUE, MUNICIPAL STATE AID PROJECT NO. 140 - 108 -01 AND ADJACENT AREAS (NORTH END STREETS, IMPROVEMENT NO. 79, PROJECT NO. 3)," awarding the contract to Pine Bend Paving for their low bid of $293,689.04. Councilmember Hartmann seconded the motion. It was noted that the project had been ordered some time ago. Staff was directed to proceed with the project with curb and gutter on all streets as discussed, with Option A alignment for Chippewa Avenue, and with the intention of lining the ditch along T.H. 13 with bituminous. HEARING - BREAM Mayor Lockwood opened the meeting for the HOMES, CASE NO. purpose of the continuation of a public 86 -11 hearing on an application from Bream Homes, Inc. for Planned Unit Development and subdivision. Howard Bream and Mr. Jim Hill were present on behalf of Bream Homes. Mr. Hill stated that the property is a challenge to develop and while he recognized that people do not like apartments this is an isolated property and is ideal for such use. He stated that Bream Homes is trying to create an ideal residential neighborhood and has tried numerous concepts to try to come up with the best solution for development of the land. He stated that he believes the PUD provides a solution that will work well and will minimize the impact to the neighbors across Dodd Road. Mr. Hill stated that Bream Homes has explored the possibility of all single - family lots but the character of the development would be significantly changed, the lots would need to be smaller and would be substantially impacted by the power lines and NSP substation. He asked that Council approve the original PUD concept plan as requested, dropping the 16 additional units. He also informed Council that Mendakota has designed another roadway out to Dodd. Mayor Lockwood informed the audience on Page No. July 1, 1986 development proposed by Bream Homes in 1981 and approved by Council at that time. He stated that the proposed development maintains R-1 density, receiving credit for the land under water. He pointed out that multiple dwellings in R-1 districts are not uncommon, the Ivy Hill development and others having been done as PUDs in R-1 districts. He felt that it makes sense to put single family to the back and multiple to the front, given the location of the fire station and the commercial area across Dodd. Mr. Bream stated that he is requesting 140 units total, 34 single family and 106 multiple family units, and that he is only requesting concept approval at this time. He stated that at this time he doesn't know how many multiple dwelling buildings there will be or whether they will be rental or condominium, and that it is not his intention at all to make a proposal for that portion of the development at this time. Mayor Lockwood pointed out that the Council, under the PUD process, can dictate the relative building size and shape, landscaping, etc. Administrator Frazell noted that 106 units on 8 acres would be 13 units per acre, which would probably have to be apartments. Mr. Hill responded that the planning application contained a concept of how the 8 acres could accommodate 106 units, 3-three story buildings. Councilmember Witt stated that Council has considerable concern over Highway 149, including the affect of 1-494 and I-35E completion and all of the construction now going on, and expressed concern over the additional traffic which would be generated by multiple dwelling units. In response to a comment from Councilmember Blesener that more concrete information is necessary, Mr. Hill stated that under the PUD process the Council has the opportunity to conduct a public hearing on the 8-acre outlot and will have control over the development which will be fixed at 106 units. Mayor Lockwood asked for questions and comments Page No. July 1, 1986 from the audience. Dr. Thaddeus Chao, 783 Hokah, asked how far from T.H. 149 the apartments would be. Mr. Hill responded that the units would be approximately 75 feet from the highway right-of- way. Mr. Dennis McCardle, 2159 Fox Place, stated that the majority of the project will not be visible to the community, but the apartments will be. He pointed out that he will see some of the park, none of the homes, only apartments. Mr. Paul Spangler, 795 Hokah, stated that he believes the PUD ordinance says that the aesthetics of the neighborhood must be taken into consideration. He also stated that nothing has been said about access to the highway or about widening the highway to four lanes, and asked why Council feels its decision on the issue should be based on what a previous Council did in prior years. Mr. Lou Brenner, 1722 Lansford Lane, stated that he has worked with Mr. Bream to put multi-family units in the development. He stated that he knows many people who have moved out of the City to find rental housing. He felt that the need for rental can be proven by the number of empty- nesters moving out. He stated that the only thing he has ever seen on the property is wrecked cars and that he believes any project properly planned would be better than that. Mr. Brenner stated that he has worked with the developers because of his affiliation with Mendakota, but as a resident he believes the proposal is good. Mrs. Judy McCardle stated that there seems to be a conflict of interest and pointed out that the neighbors don't want apartments. She suggested that the people who buy the new lots won't want apartments either. She asked how Council can approve a PUD without all of the information. Mrs. Paul Spangler stated that her family just bought their home and had no idea there may be Page No. July 1, 1986 apartments across the street. She felt it unusual that the developer is only asking for approval of the single family lots now, but that if it is approved Council is locking itself in on apartments on the balance of the land in the front of the site. She suggested approving 140 total units and saying there can't be apartments, only condominiums or townhouses, and that they must also be in the back of the site. Dr. Chao stated that he is concerned about aesthetics of the property and the neighborhood and felt that apartments would devalue the residential properties both culturally and aesthetically. He stated that he would not argue that apartments are a necessity but they are not nice, and asked that if there must be apartments on the site they be attractive. Mr. Morris Friedman, 789 Hokah, agreed that the Bream site is a difficult one but felt that too many units will be squeezed onto the outlot and that there is a poor balance of housing. Planning Commissioner Ultan Duggan stated that he is in favor of the Mendakota and shopping center plans but in conflict with the Bream proposal. He stated that the density is a 30% increase over apartment density and this must be kept in the forefront as well as ingress and egress. Councilmember Biesener stated that her understanding of a PUD is that someone has a piece of land on which they wish to preserve some natural amenities and cluster structures to provide the amenity preservation. She did not feel the lake area should be considered in total land area for density and expressed concern that if Council designated the 8-acre outlot as high density it would be saying that it would agree to 13 units per acre without having any idea of what the development plan will be. She felt that it has not been demonstrated that 106 units can be placed on the outlot and be palatable. Mr. Hill stated that the land under water is held in fee which makes it a part of the total development area for density in accordance with Ayes: 4 Nays: 0 Ayes: 3 Nays: 1 Blesener HEARING -- CASE NO. 86-17, KNOLLMAIER Ayes: 4 Nays: 0 Page No. July 1, 1986 City ordinance. Councilmember Witt stated that she would like to see more flexibility in the park dedication area and not lock into the 8 acre outlot but expand it. Councilmember Hartmann suggested that the outlot be 11 to 12 acres to provide more green space along Dodd. There being no further Councilmember Blesener closed at 10:33 P.M. Councilmember Hartmann questions or comments, moved that the hearing be seconded the motion. Mayor Lockwood moved adoption of Resolution No. 86-51, "RESOLUTION APPROVING BREAM HOMES, INC. PLANNED UNIT DEVELOPMENT," on the basis of 140 residential units on the parcel, that the applicant is allowed to proceed with 34 single family residential lots, and that Council requires that the size of Outlot A be set temporarily at 10.5 acres to accommodate up to 106 units. Councilmember Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Paul Knollmaier for a conditional use permit for a 46 inch high fence on a through lot, 1090 West Circle Court. Mrs. Knollmaier, present for the discussion, responded to a question from Councilmember Blesener over why work on the fence continued after staff advised the owners that it should stop. There being no questions or comments from the audience, Councilmember Witt moved that the hearing be closed at 10:58 P.M. Councilmember Hartmann seconded the motion. Councilmember Witt moved approval of a conditional use permit for a 46" high fence at Lot 8, Block 2, Lexington Highland West Page No. July 1, 1986 Addition, along with waiver of the application fee and on the basis that removal of the fabric section of the fence be reviewed in five years. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 CASE NO. 86-14, Mayor Lockwood moved approval of a minor DOUGHERTY conditional use permit for a 60 inch fence within the front yard area at Lot 1, Block 5, Somerset View, along with waiver of hearing on the application. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 CASE NO. 86-15, JOHNSON Mr. Richard Johnson was present to request approval of a three foot sideyard setback variance for Lot 1, Block 1, Valley View Oak Addition. After discussion, Councilmember Hartmann moved approval of the 3 foot variance to the 30 foot sideyard setback variance at Lot 1, Block 1, Valley View Oak Addition. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 CASE NO. 86-22, Mr. Richard Rabanus was present to request RABANUS approval of a 15 foot variance fro the 30 foot sideyard setback at 681 Callahan Place to allow extension of a fence around their swimming pool, in order to enlarge the fenced in area. After discussion, Councilmember Blesener moved approval of the variance as requested. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 HEARING -- Mayor Lockwood opened the meeting for the CASE NO. 86-10 purpose of a public hearing on an application RILEY from James Riley for rezoning, conditional use permit for planned unit and subdivision. Mr. Mike Thompson, representing the Mr. Riley, stated that the applicant owns 118 acres of land in the southeast area of the City, along Mendota Page No. July 1, 1986 Heights Road, between Dodd and Delaware. Mr. Tim Urkkila, planner for the proposed project, described the land characteristics. He stated that the developer proposes 150 units in 38 buildings on 33 acres of the site, in two and four unit townhouse style buildings. He stated that the selling price would be in the $50,000 to $75,000 range. He reviewed sketch ideas for exterior treatments and stated that the proposed 130 by 130 foot lots could accommodate 48 by 80 foot units. He indicated that the proposal complies with the Land Use plan for the area and asked that the project be approved with the condition that the development comply with the pending Zoning.Ordinance,revisions which implement the Comprehensive Plan. Mayor Lockwood pointed out that while the density is less than the proposal originally considered by Council, there are physical amenities the Council would certainly like to address, and the proposed project would require a great deal of grading. Mayor Lockwood asked for questions and comments from the audience. Mr. Merrill Burrell, 2363 Delaware, stated that he is concerned that such a project would reduce property values in the area and that his land would be landlocked. Councilmember Witt pointed out that grading for the proposal would destroy the natural beauty of the property and the project would contain a great deal of impervious surface. Mayor Lockwood pointed out that the Metropolitan Council has not yet adopted a model noise ordinance and that Council does not know at this point whether the type of project proposed will even be feasible under that ordinance. Councilmember Blesener stated that she agrees that such a project would devalue properties in the area and further that there is no diversity of housing types proposed and no sensitivity to the land. She felt that the proposal lacks any imaginative design and pointed out that there is Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CITY HALL Page No. July 1, 1986 no significant green space. Mr. James Riley stated that he has tried to develop a project that meets all of the requirements that the Council has expressed at prior meetings. He stated that it isn't possible to provide a great deal of green space in small building type developments, although the street system could be redesigned. He stated that in order to develop 120 acres all in the noise zone and along a freeway, the only thing that would be accepted in an ownership scheme would be this type of development. Mr. Riley stated that he will meet whatever requirements the Metropolitan Council makes and that he would like to do something with the land, having been in the process for over a year. There being no further questions or comments, Councilmember Witt moved that the hearing be closed at 12:15 A.M. Councilmember Blesener seconded the motion. Councilmember Blesener moved adoption of Resolution No. 86 -52, "RESOLUTION DENYING JAMES RILEY REZONING, PLANNED UNIT DEVELOPMENT AND SUBDIVISION APPLICATION." Councilmember Witt seconded the motion. The Council acknowledged receipt of a report and recommendation from the City Hall Committee. Mayor Lockwood moved to accept the report and recommendations of the City Hall Committee and proceed with the next steps in the process. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 EVERGREEN KNOLLS Councilmember Hartmann moved adoption of Resolution No. 86 -53, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE EVERGREEN KNOLLS 2ND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 6)," subject to Ayes: 4 Nays: 0 COPPERFIELD Ayes: 4 Nays: 0 Page No. July 1, 1986 finalization of the plans and specifications. Councilmember Blesener seconded the motion. Councilmember Blesener moved adoption of Resolution No. 86 -54, "RESOLUTION CONSIDERING THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR THE COPPERFIELD DEVELOPMENT." Councilmember Hartmann seconded the motion. Councilmember Witt moved adoption of Resolution No. 86 -55, "RESOLUTION ACCEPTING PETITION AND ORDERING' OF FEASIBILITY REPORT FOR COPPERFIELD SUBDIVISION PHASE II,!' authorizing the Mayor to execute the developer's agreement. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 IMPROVEMENT Mayor Lockwood moved adoption of Resolution No. BONDS 86 -56, "RESOLUTION CALLING FOR PUBLIC SALE OF $2,400,000 IMPROVEMENT BONDS OF 1986." Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS The Council acknowledged a memo from the Code Enforcement Officer regarding a- final inspection on 606 Valley Lane. The'Code Enforcement Officer was directed to write a letter to the property owner reminding him that Council's requirement in approving the construction of the garage was that it have a brick exterior to match the dwelling and that he has violated that condition by using stucco, and indicating that Council has the prerogative of initiating legal action. LEMAY LAKE Ayes: 4 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 86 -57, "RESOLUTION REQUESTING STATE PARTICIPATION IN CITY STORM SEWER IMPROVEMENTS, IMPROVEMENT NO. 85, PROJECT NO. 6, LEMAY LAKE PHASE I." Councilmember Hartmann seconded the motion. POLLING PLACES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page No. July 1, 1986 Mayor Lockwood moved adoption of Resolution No. 86-58, "RESOLUTION ESTABLISHING PRECINCT POLLING PLACES," establishing the Royal Redeemer Lutheran Church and the Fire Station as new polling places. Councilmember Hartmann seconded the motion. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 12:52 o'clock A.M. dr,‘/L.)7)-),4 K thleen M. Swanson City Clerk ATTEST: ea4At1 ot_ Robert G. Lockwood Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON JULY j 1986 Concrete and Masonry License D & S Cement Company Delaney Construction Inc. Excavating License Bollig & Sons, Inc. Jackson Excavating Latterner Excavating, Inc. Stocker Excavating Company, Inc. Gas Piping License Beamish Heating and Air Conditioning Dependable Heating and Air Conditioning General Contracting License Al Baker Construction R.W. Compton, Inc. Louis W. Frillman John Kraemer & Sons, Inc. Narloch Construction Nicholson Construction Sunshine Construction Company Heating and Air Conditioning License Beamish Heating and Air Conditioning Harris Waldinger Corporation