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1986-06-16 Council minutesPage No. 2532 June 16, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held June 16, 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, Hartmann and Witt. Councilmember Cummins had notified the Council that he would be out of town. AGENDA Councilmember Hartmann moved adoption of the ADOPTION agenda for the meeting, including items contained in the add -on agenda. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF Mayor Lockwood moved approval of the MINUTES minutes of the May 6th meeting with correction. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR 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. Acknowledgement of the Treasurer's report for May. b. Acknowledgement of the Fire Department monthly report for May. c. Acknowledgement of a letter from NDC -4 Chairman Zemke regarding transfer of the cable communications franchise. d. Approval of the List of Claims dated June 17, 1986 and totalling $221,102.52. Ayes: 4 Nays: 0 NORTH END AREA STREET IMPROVEMENTS Page No. 2533 June 16, 1986 e. Approval of the list of contractor licenses, granting licenses to: Freiermuth Sanitation Duane Herman Construction Sterling Fence, Inc. Vollhaber Heating ABC Pools, Etc. Patio Village Ru -Dell Builders, Inc. Waters, Bonner & Almer Joseph Miller Construction American Estate Homes, Inc Vollhaber Heating A. Deutsch Masonry, Inc. Dakota Rhoads Masonry, Inc D.C. Construction Excavating Excavating Fence Installation Gas Piping General Contractor General Contractor General Contractor General Contractor General Contractor .General Contractor Htg. /Air Condition. Masonry .Masonry Plaster /Stucco Councilmember Witt seconded the motion. Mayor Lockwood opened the meeting for an informal hearing on North End area street and drainage improvements. Public Works Director Danielson reviewed the history of the project and informed the Council that letters had been sent to north end area property owners inviting them to the meeting to hear Council discussion on costs and to be involved in a determination on the final scope of the project. Mr. Danielson compared the costs of the low bid for the project, $10.50 per foot for street and curb and gutter improvements and 9 cents per square foot for storm sewer, to the original estimates of $14.00 per foot and 13 cents per square foot estimated in 1985. He reminded the audience that the project had been ordered in by Council last year and included curb and gutter throughout the project area but provided for the deletion of curb and gutter on Hiawatha and Fremont if the bids were too high. Mr. Danielson pointed out that the bids were very favorable and recommended that the entire project be constructed. Mr. Danielson informed Council that the State would not approve the curves on Chippewa as Page No, 2534 June 16, 1986 they currently exist but has approved a variance to allow newly designed 25 mile per hour curves. The new curves design will require acquisition of additional right-of-way along two properties, 1035 and 1100 Chippewa. He explained that the curbline on Chippewa will be 27 feet from Mrs. Luella Smith's house at 1035 Chippewa. Mr. Danielson informed the Council and audience that there is approximately $70,000 available in community development block grant funding for interest- free loans and that representatives of the Dakota County HRA will be present at the City Offices for two days in the future to meet with any residents wishing to apply for the loans. Mrs. Luella Smith stated that several years ago Chippewa was repaired, and in order to widen the street to 40 feet at that time 5 feet of her property was acquired: now the City wants to acquire another nine feet from her front yard. She stated that City Ordinances require that houses be set back 30 feet from the street and that she doesn't think she could even sell her house because it wouldn't meet code if the additional right-of-way is taken. Mr. Peter Solberg suggested that perhaps the street could be redesigned so that right-of-way could be acquired on the opposite side of the street, which would affect the rear portion of properties and avoid taking more of Mrs. Smith's front yard. Mr. Danielson stated that he will consider the suggestion to see whether it would be a possibility. Mr. Dick Koscielak, 576 Sibley Memorial Highway, stated that as far as he can tell, the water from the storm sewer will be "dumped out" in front of his house: it will be drained onto private property. Mr. Danielson stated that the water will be emptied into the ditch along Highway 13. Mr. Ken Kasheimer, 568 Fremont, stated that he believes the storm sewer project will benefit only two or three homes and everyone else will have to pay for it, that water will be taken out of someone's back yard and dumped into his Page No. 2535 June 16, 1986 front yard. Mr. Mike Kluznik asked for an explanation of the use of the MSA financing. After receiving the explanation by staff and the City Attorney, he stated that he intends to challenge the benefits he receives and in addition intends to bring the matter to the attention of Mn/DOT and the State Treasurer. He felt that the City would be using the money for non-State Aid purposes unless it is applied entirely to Chippewa Avenue improvements. Mr. Peter Solberg asked for an elaboration on the costs of the total project and asked whether the majority of the project cost is related to storm sewer improvements. He stated that the State is financing part of Chippewa Avenue to compensate the property owners for increased traffic. He also stated that he wants to be notified when the bonds are up for sale. He felt that people who have double frontage lots should be allowed to split their lots so they can sell some of their property to pay the assessments. Mr. Kluznik suggested that a lighted bike trail be installed along Chippewa and that the cost be paid with the MSA funding. There being no further comments, Mayor Lockwood moved that the informal hearing be closed. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 The Council discussed the possibility of changing the curves on Chippewa and directed the Public Works Director to study the possibility and report back on July 1st. HEARING -- CASE Mayor Lockwood opened the meeting for the NO. 86-11, BREAM purpose of a public hearing on an application from Bream Homes, Inc. for a conditional use permit for planned unit development and for the subdivision of property located on the west side of Dodd Road between Creek and Hokah Avenue. Mr. Howard Bream and Mr. Jim Hill were present Page No. 2536 June 16, 1986 to represent the applicants. Mr. Hill stated that the developer proposes to develop a 52 acre planned unit development consisting of 34 single family lots and 122 apartments on the property and that approximately 21 acres of the site would be given to the City as a park dedication. He stated that the southeast corner of the site, adjacent to Dodd Road, is proposed to be developed into 122 multiple family dwelling units. It is proposed access be a street from Dodd Road to serve the easterly portion of the site and Mendakota and branch into a circular street serving the residential lots. He reviewed the proposed site plan and described proposed berming and site landscaping. Mr. Hill stated that the developers have applied for a planned unit development because of constraints on the site, and to provide greater open space and housing diversity. He stated that it would be very difficult to put single family housing along Dodd Road and achieve excellence in housing standards. He informed Council and the audience that the firm does not propose to develop the multiple family portion of the site at this time, but rather to plat it as an outlot and then go through the same process of planned unit development as is now being considered for the 34 single family lots. He stated that when the market indicates whether the site should be developed for senior citizen housing or some other housing type, PUD plans for that portion of the property will be prepared and submitted to the City. Mr. Hill stated that under City ordinances the 52 acres would provide for 140 housing units: in the PUD the developer is requesting an additional 16 units of multiple family housing. Mr. Hill informed Council that the developer proposes this plan because of the constraints of the site: the apartments along Dodd would be consistent with existing development along Dodd and the good access from Dodd. It is the developer's intent that someone driving into the site see a vista of green, park on one side of the entrance street and the golf course on the other. Page No. 2537 June 16, 1986 Councilmember Witt expressed the Council's concern over access. She asked what will happen to the existing maintenance road from Mendakota and whether it would be possible to utilize that road as an emergency drive. Mr. Hill responded that he will contact the Mendakota representatives on the possibility. He also indicated that the developer has not proposed a street extension into the Eide Estates as was suggested at the Planning Commission meeting because of objection from property owners in the development. Mayor Lockwood pointed out that the Planning Commission has recommended approval of the preliminary development plan, preliminary plat and sketch plan but recommended denial of the variance request for 16 additional units, also directing that staff and the developer pursue a second access. He felt that it would not be a good idea to make a connection into the Eide Estates. He suggested that Council could request that the access road leading into Dodd Road be wide enough to carry 4 fluid lanes to eliminate the worry about emergency situations. Mayor Lockwood agreed with Councilmember Witt that the road to the Warnke property could be left as an emergency exit. He stated that he believes Council might be interested in approving the subdivision but that there should be no further discussion on apartments on the outlot at this time. He felt that the main problem is the question of where is the hardship that would suggest increasing the overall density. He stated that there are places in the City where multiple family is appropriate but that he does not believe this site is one of them. Mayor Lockwood asked how the Mendakota representatives feel about single family homes abutting Rogers Lake: the property owners could, for instance, access the golf course property by canoe. Mr. Lou Brenner, representing Mendakota, stated that he does not believe the DNR would allow docks, and felt that the lake would primarily Page No. 2538 June 16, 1986 provide only a view because of the steep banks to the lake. Mr. Brenner informed the Council on the club's proposed location of a new club house, swimming pool and parking lot. He indicated that the existing maintenance road could be upgraded to provide an emergency exit from the properties and stated that it is essential that Mendakota Drive is approved as proposed by the developer so that Mendakota can continue with its plans. Mayor Lockwood felt that there should be a scenic easement along Rogers Lake and again stated that there should be four fluid lanes from the juncture where Mendakota Drive meets the proposed entrance to the Mendakota parking lot to Dodd. Mr. Hill responded that he does not think the suggestions were unreasonable. He did feel that a scenic easement to prevent docks is unreasonable since there are many properties on the lake that have docks and the shore is being used for private use. He pointed out that there are no restrictions against the Eide Estates but stated that he would not be against developing rules and regulations for use of the lake. Councilmember Blesener stated that the developer's 1981 plan also showed one long cul- de -sac but there was no Mendakota access. She stated that she would just as soon see a secondary outlet so that the Mendakota traffic could be taken out to Dodd at another point, rather than 4 fluid lanes. She asked, if Council were to consider just the 34 single family lots without a park tonight as a PUD, with all the remaining land as an outlot, what the developer's options would be on coming back to the Council on density for the remaining land: if the 34 lots were taken out, does that change the number of units which can be allowed later. Attorney Hart responded that he would assume the developer would be reluctant to dedicate park land without assurance there could be multiple family development on the outlot. He Page No. 2539 June 16, 1986 stated that the overall project could be taken as a whole and the density for the entire project taken into account at a later date, if Council approves the application as a PUD. Mr. Bream stated that he must know the density, it is crucial at this time. He stated that he could not proceed on the basis of just 34 single family lots and that the configuration of the park dedication is also crucial because of the NSP power lines on the site. The green area acts as a buffer line and shields the power lines. Councilmember Witt pointed out that there is no community support for apartments and that there has been considerable change in opinions since the discussion of multiple dwelling elderly housing for the site in 1981. Mayor Lockwood stated that it would be appropriate for Council to approve the subdivision for the 34 homes and allow 140 units on the entire site. In response to a suggestion from Councilmember Witt that the issue of park contribution be left open, Mr. Bream stated that the configuration of the park is crucial to the 34 single family lots. Mayor Lockwood asked for questions and comments from the audience. Mr. Gene Schiff, 2196 Aztec Lane, asked whether Mendakota owns part of the property proposed to be developed. Mr. Paul Spangler, 795 Hokah, stated that he lives across from the property. He submitted a petition opposing apartments on the site. Mrs. Julie Losleben, 815 Hazel Court, stated that she was under the assumption that when a developer presents a PUD application for a complete piece of land Council must give approval of the total project. She asked how the application can be approved for 34 units now and the balance of the property later Page No. 2540 June 16, 1986 rather than accepting or rejecting the total ■ ) project. Ayes: 4 Nays: 0 Mayor Lockwood responded that the proposed project can be split into more than one PUD as long as each piece consists of more than 10 acres. He pointed out that the Council could still legally consider the balance of the property as a second PUD later. Councilmember Blesener pointed out that density is the real question, that if Council considered only a 34 lot residential development on the 15.7 acre portion of the property the remaining 25 acres could not support 106 single family units. Mayor Lockwood responded that he felt it would be wrong for Council to deny the developer the right to build 140 units, that that is the trade-off for the unbuildable area of the property which is under water. Councilmember Blesener stated that there is no trade-off, that the developer would have to put in as many single family lots as appropriate on the land that is available. Mr. James Losleben, 815 Hazel Court, stated that he was a Council member when the original PUD and development plan was approved in 1981 and that the plan was dropped but the developer wants to hold to a density that was established under that considerably different plan. There being no further questions or comments, Councilmember Witt moved that the hearing be continued to July 1st. Councilmember Hartmann seconded the motion. The Council acknowledged receipt of a letter from Attorney Hart regarding the proposed development. RECESS Mayor Lockwood called a recess at 9:50 P.M. The meeting was reconvened at 9:52 P.M. CASE NO. 86-18, Mr. Greg Koch, 1152 Sylvandale Road, was KOCH VARIANCE present to request approval of a four foot Ayes: 4 Nays: 0 COPPERFIELD PHASE II FINAL PLAT Page No. 2541 June 16, 1986 variance from the 30 foot sideyard setback requirement to allow construction of a garage addition. He stated that he would like to expand his existing garage into a three -car garage, that the building permit was approved, the land was excavated and the trusses have been built. He submitted a letter from his neighbors supporting the variance request. Mayor Lockwood stated that he can see no hardship, just inconvenience, and asked whether the addition could be moved further east into the back yard. Mr. Koch responded that he has expended considerable money in landscaping the back yard, that the building permit was approved and the hole was dug before the setback intrusion was discovered. He acknowledged that there was an error made somewhere during the construction process but that he had proceeded on the basis of the permit and he hopes to avoid incurring any more expense. After discussion, Councilmember Hartmann moved approval of the variance to allow construction of the garage addition 26 feet from the property line as requested. Councilmember Witt seconded the motion. The Council acknowledged receipt of reports from the Public Works Director, City Administrator, Treasurer, Planner and Attorney as well as letters from the Waldorf School and Historical Consultant Jeffrey Hess, all regarding the final plat and the Darsow Farm preservation issue. Mr. Jim Ostenson was present on behalf of the Tandem Corporation. Mayor Lockwood stated that he does not believe the Council is interested in expending substantial monies to acquire to acquire property sufficient to support a working model farm. He suggested that the preserve could take in the lots along the pond and that he would like to avoid taking any action tonight. He felt it Page No. 2542 June 16, 1986 He felt it would make no sense to have the old farmstead preserved on Lots 1, 2 and 3 and then have homes around it on Block 4 along the pond. He felt that if the preserve is to become a reality the entire pond should be included in it. He also stated that he would not be interested in the City buying the land at $20,000 per acre but rather that the land should be acquired and the preserve maintained through private donations. Ms. Kay Laudon reviewed a proposal, which she distributed to the Council, which she felt outlined her responsibility in a major fund raising program. She stated that she is not asking the City to participate financially in any way and that she is taking full responsibility for the financing: the City doesn't have to do anything other than allowing the proposal to proceed under a private foundation. She asked that Council give her time to make her proposal work. Mayor Lockwood read excerpts from Mr. Hess' report on historical significance. Ms. Laudon stated that she believes the basis of the study is faulty and that it should be thrown out. Mr. Dick Putnam, present for the discussion, stated that he has no objection to Mayor Lockwood's proposal that eight lots be retained but that it must be recognized that the cost for acquisition of that land would be on a per lot basis, which includes the price of assessments, the price of all improvements, and the price of what the lots would command if sold to individuals. He stated that he would be willing to hold onto the lots for a period of time so that Ms. Laudon can come up with the financing. He felt that it is important that there be some document detailing how Ms. Laudon plans to implement acquisition and operation of a preserve. Mr. Ostenson stated that the developers must enter into a developer's agreement with the City and suggested that under the agreement they would hold off on developing Lots 1-4, Block 4 and further that for six months they Page No 2543 June 16, 1986 would not come back with any plans for development of the outlot east of the plat (Outlot C). If this were done the lakeshore and tillable land would be left for six months and would provide a beautiful 20 plus acre parcel to work with to preserve the farmsite while at the same time the developer could proceed with development of the plat. After considerable Council discussion and comments from the audience, Councilmember Blesener moved adoption of Resolution No. 86- 45, "RESOLUTION APPROVING FINAL PLAT FOR COPPERFIELD 2ND ADDITION," with the understanding that there be a moratorium on development of Lots 1 -4, Block 4 and Lot 1, Block 3 for six months unless it is determined at an earlier date that the lots are not needed for the proposed preserve. Councilmember Witt seconded the motion. Mayor Lockwood moved to amend the motion to include all of Block 4 in the 6 month moratorium. Councilmember Witt seconded the motion. Vote on Amendment: Ayes: 2 Lockwood, Witt Nays: 2 Blesener, Hartmann Vote on Original Motion: Ayes: 2 Blesener, Witt Nays: 2 Lockwood, Hartmann Councilmember Hartmann stated that he voted against the motion because he feels that since the City is not interested in purchasing the land and making it into a preserve the issue becomes a personal matter to be resolved between the developer and Ms. Laudon's group. Mr. Putnam asked Council to reconsider the motion that was made, since if it is passed it would give him the ability to proceed with the platting and development of utilities and it would also give Ms. Laudon time to work on getting financing for a preserve. He pointed out that if in fact that can't be accomplished, nothing would have been lost by delaying the Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 LEMAY LAKE. PHASE I Ayes: 4 Nays: 0 CENTRE POINT SOUTH EASEMENTS Ayes: 4 Nays: 0 BAPTIST MEDICAL GROUP Page No. 2544 June 16, 1986 sale and development of the lots. After discussion, Mayor Lockwood moved to reconsider its action on the matter. Councilmember Hartmann seconded the motion. Councilmember Blesener moved adoption of Resolution No. 86 -45, "RESOLUTION APPROVING FINAL PLAT FOR COPPERFIELD 2ND ADDITION," with the condition that there be a 30 day moratorium on Lots 5 through 8, Block 4 and a 6 month moratorium on sale and development of Lots 1 through 4, Block 4 and Lot 1, Block 3. Councilmember Hartmann seconded the motion. The Council reviewed final plans and specifications for the LeMay Lake Phase I improvements. Councilmember Witt moved adoption of Resolution No. 86 -46, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE LAKE LEMAY PHASE I (IMPROVEMENT NO. 85, PROJECT NO. 6)." Councilmember Blesener seconded the motion. Councilmember Blesener moved to authorize the Mayor to execute easement agreements with PAK Realty Corporation for acquisition of easements in connection with Centre Point South public improvements at a cost of $62,310. Councilmember Witt seconded the motion. Mayor Lockwood moved adoption of Resolution No. 86 -47, "RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A MEDICAL OFFICE FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE. MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING," to provide for a public hearing on July 15th on an application from the Baptist Ayes: 4 Nays: 0 PERSONNEL Ayes: 4 Nays: 0 Page No. 2545 June 16, 1986 Medical Group for $1 million in industrial revenue financing for construction of a clinic in the Yorkton Centre Point South Business Park. Councilmember Hartmann seconded the motion. Mayor Lockwood moved that David Sorby be given permanent employment status as public works maintenance person effective June 17th. Councilmember Witt seconded the motion. Councilmember Hartmann moved that Rebecca Birch •be employed as temporary part-time clerical person in the Police Department at the rate of $5.50 per hour, on the basis of 12 hours per week through the second week in September. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS The Council acknowledged receipt of a memo from the Police Chief regarding partying on the Mendota School property. Council directed that copies be sent to Mr. Meagher and Mr. Rubbright. ADJOURN There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 12:23 o'clock A.M. athleen M. Swanson City Clerk ATTEST: A.,„„00-1, Robert G. Lockwood Mayor