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1986-05-20 Council minutesPage No. 2511 May 20, 1986 CITY OF MENDOTA HEIGHTS 1 DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 20, 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 ADOPTION Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the agenda for the meeting including additional items contained in the add-on agenda. Councilmember Cummins seconded the motion. Councilmember Cummins 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 Treasurer's monthly report for April. b. Acknowledgment of a letter from Debra Smith regarding proposed zoning ordinance amendments. c. Acknowledgment of a report from the City Clerk regarding computer system acquisition. d. Authorization for the employment of three part- time summer employees in the Public Works Department. e. Acknowledgment of the Fire Department monthly report for April. f. Approval of Change Order No. 1 for Copperfield Addition improvements (Imp. No. 85, Pro.j. No. 4), in the amount of $3,082.00. along with authorization for execution of the change order by the Mayor and City Clerk. Ayes: 5 Nays: 0 DEER HUNT Page No. 2512 May 20, 1986 g. Approval of the modified critical area site plan for addition of a deck at 731 Woodridge Drive, along with approval of the issuance of the building permit and waiver of the $100 critical area fee. h. Approval of the List of Claims dated May 20, 1986 and totalling $120,541.39. i. Approval of the list of contractor licenses, granting licenses to: State Mechanical, Inc. Imperial Developers Steininger Construction Co., Inc. Genz-Ryan Plumbing & Heating Co. McPhillips Brothers Roofing Co. College City Construction, Inc. Pools, Inc. Pittelkow Associates Marick Builders, Inc. Witcher Construction Co. Thor Construction Company Wells Concrete Products Co. Genz-Ryan Plumbing & Heating Excavating Excavating Excavating Gas Piping General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor Htg. & Air Cond. j. Approval of the issuance of an on-sale 3.2 malt beverage license to Par 3 Golf, Inc. Councilmember Blesener seconded the motion. The Council acknowledged a letter from Mr. Craig Cox, of the Department of Natural Resources, requesting an exemption from the firearm ordinance requirements to allow the DNR to conduct a public deer hunt in the Fort Snelling Park on November 8, 9, 15 and 16. The Council also acknowledged a memo from the Police Chief supporting the request. Mr. Cox, present for the discussion, stated that the hunt is proposed in order to deal with an increasingly serious problem of deer overpopulation in the Minnesota Valley. He described the proposed hunt plan for the Council and explained the results of two previous hunts, conducted in 1984 and 1985. After discussion, Mayor Lockwood moved to approve an exemption from the firearm ordinance regulations to Ayes: 5 Nays: 0 PUBLIC COMMENTS FILL PERMIT REQUEST Page No. 2513 May 20, 1986 allow the DNR deer hunt as requested. Councilmember Hartmann seconded the motion. Mr. Joe Trader, 564 Hiawatha, expressed his concern and that of his neighbors over a lot on Chippewa Avenue which was excavated for a basement months ago. He stated that the house which was moved to the lot is still standing on wheels and that the fence placed around the excavation is on newly excavated ground and never stand. Mr. Trader asked what the City can do if the contractor stalls all summer, and whether the City can force the contractor to fill the hole if the excavation was done before a permit was issued. After discussion, Council directed staff to contact the contractor to require a tentative schedule for completion, to notify him that unless completion occurs within a certain period of time the City will take action. Staff was also directed to make a status report to the neighbors. The Council acknowledged a report from the Public Works Director regarding a wetlands permit approved in March, 1984 for the Callahan property on Marie Avenue at Dodd Road and a request from Mr. Mike Mickelson, of Mickelson Specialties, for approval of a plan for the filling of the property under the 1984 wetlands permit. Mr. Nickelson, present for the discussion, reviewed the proposed plan and stated that he would like to grade the property for walk-outs, easing the grade from the street to the creek. He stated that the structure of the developer's agreement is such that there will be a gradually sloping grade, continuing the grade from one lot to another starting at the Rushs' lot. Mr. Mickelson stated that he is currently requesting confirmation of the wetlands permit for the entire parcel now and that he will apply for subdivision at a future date. Public Works Director Danielson stated that he believes the original wetlands permit approval should apply as long as the developer maintains the flow elevations and setbacks contained in the developer's agreement. He pointed out that Mr. Mickelson would like to have more than a year to Page No. 2514 May 20, 1986 complete the project. Mr. Danielson informed the Council that Mr. Mickelson is a homebuilder who is working with the Clapp Thomssen Company as representatives of Brady High School, the owner of the property. He also brought up the issue of engineering fees which had been incurred by the City in the preparation of the feasibility report and plans and specifications for drainage improvements. He stated that at a past Council meeting at which Mr. Terry Davern of Clapp-Thomssen was present, it was suggested that the $7,527 in engineering costs be equally divided between the property owner and the City. Councilmember Hartmann stated that the engineering costs are for a creekbed project which benefits the subject property and that he would not be in favor of the City absorbing 50% of the costs. Mayor Lockwood concurred, pointing out that the engineering work was done at the request of the prior owner. He felt that a considerably greater portion of the engineering study was for the benefit of the subject property than for upstream properties. Councilmember Witt pointed out that the engineering work was done not for an area storm sewer project but rather so that the Callahan property could be developed. Mr. Mickelson stated that discussions over the costs were held prior to his involvement in the project and referred to a report prepared by City Engineer Kishel. He felt that the cost is excessive just for the rerouting of the stream and some drainage work. Mr. Danielson responded that the plans and specifications had been prepared, bids were taken and the project was staked, all in response to Mr. Callahan's request to "fast-track" the project and his petition and hearing waiver. Mr. Mickelson asked whether a portion of the cost could be refunded to him if he assumes the total cost now and an upstream project is completed in the future. City Attorney Hart indicated that this would not be a problem. He pointed out, however, that it would be difficult to establish a benefit upstream by moving the creek, since it seems that the major reason for the project is to create three buildable lots on the property. Ayes: 5 Nays: 0 LILYDALE UTILITY CONNECTION Ayes: 5 Nays: 0 Page No. 2515 May 20, 1986 Mr. Mickelson stated that he agrees that most of the costs are attributable to the property and would accept the costs, but asked that they be incorporated into the project costs and assessed against the properties. Councilmember Cummins moved to confirm approval of the 1984 wetlands permit for Lot 2, Willow Springs Addition, approval of the filling of the property one lot at a time, along with authorization for the Mayor and Clerk to execute the developer's agreement as amended to remove the first paragraph of the third condition and to reduce the escrow deposit in the same paragraph to $3,000. Councilmember Witt seconded the motion. The Council acknowledged a memo from the Public Works Director responding to a letter from McGovern Realty requesting approval of the connection of a property on Highway 13 (at Victoria) in Lilydale to the City's sewer and water systems. Mr. Dean Larson, from McGovern Realty was present for the discussion. Mr. Larson stated that he represents a developer interested in purchasing the two acre site on which 24 townhouses are proposed to be constructed. Mr. Larson stated that he feels the proposed hook-up charge reflected in the Public Works Director's memo was excessive, particularly the interest calculation, and asked that Council consider reducing or delaying payment on the charge. Public Works Director Danielson informed the Council that staff receives numerous inquiries about connection of properties outside of the City to the utility systems and that most often people choose to install on-site systems because of hook-up charges. After discussion, Councilmember Cummins moved to table the matter and to direct staff to prepare a recommended policy for utility connection charges and to prepare a recommended connection charge for the subject property consistent with the policy recommendation. Councilmember Blesener seconded the motion. Councilmember Blesener expressed concern that even though Council has no control over develapmentoutside of • METHODIST CHURCH IMPROVEMENT PROJECT Ayes: 5 Nays: 0 DARSOW FARM PRESERVATION Page No. 2516 May 20, 1986 the City, City residents should be informed on what is being proposed for development before Council takes any action on connection requests. Public Works Director Danielson reviewed the plans and specifications for public improvements to serve St. Paul's United Methodist Church and adjacent areas. After discussion, Councilmember Cummins moved adoption of Resolution No. 86 -37, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE ST. PAUL'S UNITED METHODIST CHURCH AND ADJACENT AREAS (IMPROVEMENT NO. 86, PROJECT NO. 2)." Councilmember Hartmann seconded the motion. The Council acknowledged a report from Administrator Frazell regarding Ms. Kalista Laudon's request for preservation of the Darsow farm, along with a packet of information from Ms. Laudon. Mayor Lockwood informed the Council that he has visited the property and believes that preservation should be investigated, since there is strong possibility that the farmstead may be the oldest building in the City in unaltered condition. He stated that he has spoken to Dick Putnam, of Tandem Corporation, to ask for time to pursue the issue even though the preliminary plat for Copperfield phase two has been approved. Mayor Lockwood felt that there are several options available, but that each of the options will require months to pursue. He reviewed the various options, which included moving the buildings, development of the plat with the exception of the four lots surrounding the farmstead, making the farmstead a preserve, or allowing someone to live on the farmstead without making it a preserve. He stated that he would not want to be responsible for a decision either now or next month that would result in the buildings being turned over to the fire department for training purposes. He felt that preservation deserves some time for study. In response to a question from the Mayor, Park Commission member Bob Doffing reviewed Commission discussions on the matter. He stated that while there was Commission sympathy for preserving the Page No. 2517 May 20, 1986 farmstead, it was the Commission's feeling that the use would not generally fit into the park plan for the City and that the Commission would not be in support for using special park fund monies to purchase the site or operate a program. Mr. Dick Putnam stated that he has not changed his belief that preservation is not a good idea but that he would work with the City if it wants to preserve the buildings. He further stated that if he sees a number of people willing to finance the preservation and property acquisition, he would be willing to modify the preliminary plat to go around the buildings. He pointed out that it took a year for the southeast area study and that he is not sure how' long it would take for a historical study. He stated that there are people waiting to acquire and build on some of the lots and that he cannot hold off on the plat for a year. Mr. Putnam felt that it is important to know what is entailed in the preservation, a two acre preserve or a 20 to 30 acre historical preserve and program. He also felt that it is important to tell the people who have bought homes in the first phase what is proposed. He stated that if the proposal is to preserve the farmstead on the two acre site he will change the plat. He noted that there will be roughly two acres required as the park contribution for phase 3 of the development and that he would dedicate the farmstead area if Council preferred it over an active park area. Councilmember Cummins stated that he believes it would be nice if a small parcel could be saved to preserve the buildings but pointed out that the preliminary plat has already been approved and the preservation issue was brought up a little late in the process for any action to be taken. He suggested that the burden should be put on Ms. Laudon and other interested parties to come back in two weeks with identified financing and a proposal which indicates that a program and preservation is realistic. Ms. Laudon stated that she would be willing to undertake pursuing financing through agencies and individuals. She informed the Council that the Minnesota Historical Society is having a preliminary meeting on the matter this week. She also reviewed the information which had been submitted in the agenda packets. NEIGHBORHOOD COMMERCIAL CENTER Page No. 2518 May 20, 1986 Mr. Robert Koehne,from the Dakota County Historical Society, informed Council that he doubted that the site could be designated as historical in two weeks. He reviewed the criteria necessary for nomination to the historical register and stated that he is not sure that the farmstead meets any of the criteria. Several members of the audience spoke on the matter, expressing their support or opposition. After lengthy discussion, it was the consensus of Council that the matter be tabled for two weeks to await input from the state historical society and a report from Ms. Laudon addressing a preservation program including who will own and operate the facility, financing and on-going costs. The Council acknowledged a memo from the City Administrator regarding a preliminary proposal from the Tandem Corporation for development of a neighborhood commercial center at the northeast corner of Mendota Heights Road and Dodd Road. Mr. Dick Putnam stated that the City Administrator had suggested that he appear before the Council for an informal discussion on his preliminary proposal for the neighborhood commercial center prior to making application for Planning Commission consideration. He briefly reviewed uses which had been considered for development of the site other than the commercial development, uses which included double bungalows, townhouses, a regional church and an office park. He stated that after considering the several alternatives, he believes that the property would be an excellent site for a neighborhood commercial center. He informed Council that he has held neighborhood meetings to present the idea to area residents, sending notices of the meetings to 65 property owners, and notified the Friendly Hills Civic Association through its president. He stated that there were 18 to 20 people present for the first meeting and only 5 or 6 at the second. Mr. Putnam stated that he believes the Friendly Hills residents would be in favor of the proposal because it would reduce commercial type trips on Decorah to Dodd. Mr. Putnam then reviewed drawings of the proposed development for the Council. He informed Council that he would love to develop elderly housing on the portion of the property not planned for commercial use. Page No. 2519 May 20, 1986 Mrs. Julie Losleben, 815 Hazel Court, expressed her opposition to commercial development on the site. Mr. Irving Clark, owner of the property just east of the site, stated indicated that he is in favor of the proposal. He stated that he attended the first neighborhood meeting and that only one of the people present voiced loud objection to the project. Councilmember Biesener stated that the property is the front door to Mendota Heights from the freeway and that she feels the need for the property to fit into the Council's vision statement, setting a standard for the image of the City in that area. Mr. Putnam agreed, stating that it will also be the entrance to the Copperfield area. He stated that he does not believe the site could be developed as a quality residential project and that he believes the commercial development would provide a better use for the site and a more appropriate entrance to the City and the neighborhood. The Council acknowledged a memo from the City Administrator reporting on efforts to develop joint athletic facilities at Henry Sibley High School. Councilmember Witt moved to approve designated City officials, the Mayor, City Administrator, Park Commission Chairperson and Park Commission member Robert Doffing, to initiate discussions with school district officials about joint development of Henry Sibley, and to authorize execution of the Barton- Aschman Associates proposal to provide services at a cost not to exceed $3,100, contingent upon the school district agreeing to contribute half of the costs. Councilmember Hartmann seconded the motion. The Council acknowledged a report from Treasurer Shaughnessy recommending the use of equipment certificates to finance the purchase of the computer system and further recommending acquisition of an additional computer which would not be networked but would serve as a training unit. Councilmember Hartmann moved to approve the use of Equipment Certificates for financing the computer Ayes: 5 Nays: 0 K LEXINGTON HEIGHTS APARTMENT FINANCING Ayes: 5 Nays: 0 MENDOTA HEIGHTS ROAD VARIANCE Ayes: 5 Nays: 0 PERSONNEL Ayes: 5 Nays: 0 RADAR UNITS Ayes: 5 Nays: 0 Page No. 2520 May 20, 1986 system and to authorize acquisition of a training unit. Councilmember Witt seconded the motion. The Council acknowledged a memo from Treasurer Shaughnessy informing Council that he has received a request from the owners of the Lexington Heights Apartment complex to authorize permanent financing for the housing revenue bonds originally issued for the project in accordance with the original bond resolution. Mr. Jerry Hertel, from Juran and Moody, informed Council that short term bonds are currently being sold every six months and that adoption of the authorizing resolution will allow the owners to get a fixed interest rate on a long term basis. Councilmember Witt moved adoption of Resolution No. 86 -38, "A RESOLUTION AUTHORIZING THE REMARKETING OF HOUSING MORTGAGE REVENUE BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) MORTGAGE AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF NECESSARY AND RELATED DOCUMENTS." Mayor Lockwood seconded the motion. Mayor Lockwood moved adoption of Resolution No. 86- 39, "RESOLUTION REQUESTING A VARIANCE TO THE M.S.A. STANDARDS FOR MENDOTA HEIGHTS ROAD CONSTRUCTION EAST OF TRUNK HIGHWAY 149, DODD ROAD, M.S.A. PROJECT NO. 140 - 103 -05 (IMPROVEMENT NO. 83, PROJECT 7A)." Councilmember Hartmann seconded the motion. Councilmember Cummins moved to authorize the employment of John Benson as summer Code Enforcement intern at the rate of $7.00 per hour. Councilmember Witt seconded the motion. Mayor Lockwood moved to authorize the police department to purchase a Kustom HR -12 hand held radar unit for $1,895. Councilmember Hartmann seconded the motion. VISION STATEMENT PERSONNEL Ayes: 5 Nays: 0 MISCELLANEOUS ADJOURN Ayes: 5 Nays: 0 Page No. 2521 May 20, 1986 Discussion on the City Vision Statement was tabled to the May 21st Board of Review meeting. The Council acknowledged a memo from the City Clerk regarding the need for temporary clerical help. Councilmember Witt moved to authorize staff to contact employment agencies and contract for temporary secretarial services for a period of time beginning approximately June 1st and ending approximately August 31st. Councilmember Hartmann seconded the motion. The Council acknowledged a memo from the Public Works Director responding to a Council concern over the filling of lots along Marie Avenueat Delaware Avenue and at Callahan Place. There being no further business Council, Councilmember Hartmann meeting be adjourned. Councilmember Witt seconded the to come before the moved that the motion. TIME OF ADJOURNMENT: 12:00 O'Clock A.M. thleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor