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1985-11-19 Council minutes(—) 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. Page No. 2400 November 19, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 19, 1985 Mayor Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmember s Blesener, Hartmann and Witt. Councilmember Cummins had notified the Council that he would be out of town. AGENDA ADOPTION Ayes: 3 Nays: 1 Blesener APPROVAL OF MINUTES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the agenda for the meeting including additional items contained in the add-on agenda and deletion of consideration of a request from Yorkton Ltd. for developer's agreement and permit approvals, and addition of reconsideration of the Mendota Heights Associates housing revenue bond request. Councilmember Witt seconded the motion. Councilmember Blesener moved approval of the minutes of the November 4th special meeting. Councilmember Hartmann seconded the motion. Mayor Lockwood moved approval of the minutes of the November 5th meeting with correction. Councilmember Witt 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. Acknowledgement of the Treasurer's monthly report for October. b. Approval of the modified critical area site plan for construction of a residence on Lot 3, Block 1, Valley View Oak Addition along with approval of a refund of the $100 Critical Area Ordinance application fee (CAO 85-09, Swanson). Ayes: 4 Nays: 0 PUBLIC COMMENTS / ) LJ Page No. 2401 November 19, 1985 c. Authorization for an increase in the City's mileage reimbursement rate to 21 cents per mile. d. Approval of the List of Claims dated November 19, 1985 and totalling 0257,310.49. e. Approval of the list of contractor licenses, granting licenses to: Topp Construction Dependable Heating S & L Heating Co. Flare Heating & Air Conditioning Co. Harris Mechanical Merle's Construction Co. Valley Investments Construction Co. Creative Shelters, Inc. Sons Construction D.J. Kranz Co., Inc. Dependable Heating S & L Heating Co. Flare Heating & Air Conditioning Co. Harris Mechanical Masonry License Gas Piping License Gas Piping License Gas Piping License Gas Piping License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Htg/Air Conditioning License Htg/Air Conditioning License Htg/Air Conditioning License Htg/Air Conditioning License Councilmember Witt seconded the motion. James Losleben, 815 Hazel Court, asked why the agenda has been changed to include the Mendota Heights Associates proposal. Councilmember Hartmann stated that the developer has requested consideration of a single, $10 million revenue bond issue for 150 units. He stated that he voted no on the November 5th request for two $10 million issues for 300 units because it did not meet the comprehensive plan amendments. Councilmember Hartmann informed the audience that the developer had contacted him to request reconsideration and that he feels that if the developer can meet the Comprehensive Plan requirements, the City would have something to gain by reconsideration. Bernard Friel, 750 Mohican, submitted an additional petition opposing southeast area zoning changes and stated that opposition to the Riley project is implicit. He informed Council that the total number of people who have signed the petition is about 800, approximately 10% of the community's residents. He Page No. 2402 November 19, 1985 stated that he is outraged that the matter has been placed on the agenda at such a late time and most outraged that the principal opponent on the Council, Councilmember Cummins, is not present to participate. He pointed out that at a meeting four weeks ago discussion on the matter had been delayed until the Mayor arrived to participate. He stated that the scope of the project had changed, suggested that Council is avoiding the public hearing process in the manner in which this is done, and stated that statute requires that if there is a material change a re- hearing must be conducted. Mr. Friel stated that the proposal was changed to 300 units last meeting and was defeated on a 3 -2 vote and now the proposal is for 150 units, which is not what the public hearing was held on. He felt the Council is not giving Councilmember Cummins an opportunity to be heard and that he represents a large number of the residents. Mayor Lockwood responded that the discussion on the comprehensive plan amendments had not been delayed at his request and that in fact he had suggested that the discussion proceed without him. ABATEMENTS Assistant C-o. Assessor Peterson waspresent to review and request approval of abatements for two properties. After discussion, Councilmember Witt moved approval of an abatement to Nicholas & D.A. Bockwinkel for Parcel No. 27- 19850 - 020 -07, reducing the market value from $155,200 to 0137,200 for taxes payable 1985 and to the estate of Albert J. Meyer for Parcel No. 27- 02600 -080- 50, reducing the market value from $41,500 to $20,000 for taxes payable 1985. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 FALSE ALARM ORDINANCE Police Chief Delmont reviewed his memo and proposed false alarm ordinance, informing Council that there have been in excess of 580 false alarms in 1985 and that about 85% of all such alarms are due to errors by alarm users. He stated that he feels it necessary to impose a charge for false alarms: continuous efforts to convince users to be more conscientious have had little impact on the problem and false alarms are both expensive and time consuming for both the police and fire departments. He reviewed the proposed penalties for false alarms in excess of three per year, answered Council questions and recommended ordinance adoption. Ayes: 4 )Nays : 0 RED CROSS DISASTER SERVICES Ayes: 4 Nays: 0 HEARING - EASEMENT VACATION Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CASE NO. 85 -29, LINVILL Page No. 2403 November 19, 1985 Councilmember Witt moved adoption of Ordinance No. 221, "AN ORDINANCE REGULATING ALARMS AND ALARM SYSTEMS," the ordinance to be effective on January 1, 1986. Councilmember Blesener seconded the motion. Mayor Lockwood read portions of a memo from Police Chief Delmont requesting approval to participate in the American Red Cross disaster relief activities in Virginia and West Virginia. Councilmember Witt moved to approve Chief Delmont's request to assist the American Red Cross and approval of a two -week paid leave towards that effort. Councilmember Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Roger Riley for the vacation of a street and utility easement across Lot 8, Block 2, Ivy Falls West Addition. Public Works Director Danielson informed the Council that Mr. Riley has executed a new utility easement for sanitary sewer and recommended vacation of the existing, unneeded First Avenue street easement. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Mayor Lockwood moved that the hearing be closed at 8:20 P.M. Councilmember Blesener seconded the motion. Councilmember Blesener moved adoption of Resolution No. 85 -89, "RESOLUTION APPROVING VACATION OF FIRST AVENUE STREET EASEMENT LOCATED WITHIN LOT 8, BLOCK 2, IVY FALLS WEST ADDITION." Councilmember Witt seconded the motion. Mr. Jim Griggs, from Leroy Sign Company, was present on behalf of Mr. Ralph Linvill to request a variance from the sign setback requirement at 2401 Pilot Knob Road, Dakota Business Plaza. Mr. Griggs stated that although the Planning Commission recommended approval of a 12 foot setback, the applicant is requesting a "zero" setback. He informed the Council that the City Page No. 2404 November 19, 1985 acquired a seventeen foot right-of-way easement from Mr. Linvill for potential Pilot. Knob Road widening and approval of the variance would allow placement of the sign at the new property line. He stated that placement of the sign at the recommended 12 foot setback from the new property line would disturb plantings which have already been placed and would bring the sign so far back that it might impede vision of drivers leaving the facility's parking lot. He informed Council that if the zero setback is approved, Mr. Linvill will agree to move the sign at his own expense at such time as the street is widened. After discussion, Councilmember Blesener moved approval of a 28 foot sign setback variance to allow location of the proposed sign twelve feet from the property line. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 MENDOTA HEIGHTS Councilmember Hartmann stated that he will move to ASSOCIATES REVENUE reconsider the Mendota Heights Associates housing BONDS revenue bonds because that would be the onlyway Council could consider the proposal for $10 million of financing for 150 units. He pointed out a motion for preliminary approval of $10 million in housing bonds was made at the last meeting in October but that the motion was withdrawn. Councilmember Blesener was opposed to reconsideration , feeling the issue should not come before Council again. She pointed out that at the last meeting Council took action to deny housing bonds and stated that she believes Council should stand behind that decision. She felt that the fact that Mr. Riley left the Council chambers when the motion for $10 million was made and stated that he could not live with that amount of financing and now comes back asking for that same amount speaks poorly of his credibility. She stated that she had made the motion for approval in October but that she could not support such a motion now given Mr. Riley's statement plus the public opposition and petitions along with the recent action on comprehensive plan amendments. Councilmember Witt stated that Councilmember Blesener had made many good points but indicated that even though Council has considered the financing issue several times, she would be willing to listen to comments from both the public and the developer and asked the City Attorney for his opinion on bringing the matter before the Council again. She also pointed Ayes 3 Nays: 1 Blesener Page No. 2405 November 19, 1985 out that the request is only for preliminary approval and the City Council could state that it has no obligation for further approval and that the developer must meet all Council requirements or there would be no final approval. City Attorney Tom Hart stated that he sees no problem with Council taking action to reconsider: the public hearing was held for four separate issues for $10 million each and 150 units for each issue. He noted that the motion in October for preliminary approval of $10 million was appropriate at that time and would not be inappropriate now. Councilmember Blesener felt that reconsideration should not be made this evening given the absence of one of the Council members. Mayor Lockwood expressed his agreement but pointed out that Councilmember Cummins' position is known to the Council, and that even if Council voted to reconsider and to grant preliminary approval Councilmember Cummins will be given ample opportunity at the next meeting to express his comments. Councilmember Hartmann moved reconsideration of the Mendota Heights Associates preliminary housing revenue bond application. Mayor Lockwood seconded the motion. Councilmember Hartmann indicated that he would make a motion to give preliminary approval to $10 million in financing with the proviso tht the development meets the recently implemented comprehensive plan amendments. In response to a question from Council, Attorney Hart stated that if such a motion is made it should specify that the City has the discretion to not issue the bonds at all and absolute discretion and freedom to require changes in the development plan for any reason whatever and that there will be no cost to the City by the Developer if the final bonding request is not approved. Mayor Lockwood stated that as part of the metropolitan area, Mendota Heights has certain obligations it must meet and that one of those obligations is to provide a fair share of low to middle income housing. He stated that he does not feel that 150 units of additional apartment units in Mendota Heights, located on the land south of Mendota Heights Road, would adversely Page No. 2406 November 19, 1985 affect the health and welfare, living standards or traffic volumes of the community. He felt that there are many homeowners in the City who will someday want to sell their homes and move into condomonium or apartment housing in the City. He felt that this is an opportunity for the City to get reasonably high quality apartments and stated that the only reason he would support a motion for preliminary approval of $10 million in financing is to give the developer a chance to prove he can produce a high quality project with the help of the current type of housing financing rather than under new IRS rulings in 1986. He informed the Council and audience that Mr. Riley has informed him that if the preliminary application is denied he will be back in 1986 anyway. Councilmember Blesener stated that part of her deliberations on the comprehensive plan amendments included the comments expressed by the Mayor. She stated that the issue being discussed is financing and she does not agree with the quality argument: she felt that the 1986 IRS changes may better meet low and moderate income provisions. She felt that the developer should consider bringing in a development plan which Council can get excited about and then ask for housing bond financing. Administrator Frazell informed the Council on the Metropolitan Council's guidelines on the City's fair share of low and moderate income housing units and stated that the City needs a policy which will show good faith in meeting those requirements. In response to a question from Mayor Lockwood, Mr. Riley stated that it is true that the financing before January 1st is much more favorable than it will be in 1986 and that would enable him to provide a much better project. Mr. Wally Parkins, representing Mr. Riley's bond consultants, reviewed the proposed 1986 IRS bonding regulations including the family income levels and housing unit set-asides which would be required under the proposed new regulations. Mr. Riley stated that he owns seventy acres of land and pointed out that while he interprets the comprehensive plan amendments to allow 500 units on the land, he is asking for only 150 units at this time. He felt that his proposal is the best use for the land and stated that even if preliminary financing approval is denied this evening, he will pursue development. Page No. 2407 November 19, 1985 In response to comments from James Losleben regarding future park facility location, Councilmember Witt stated if the park consultant determines that the school district property should not be acquired for park purposes it would be developed as single family residential because the comprehensive plan amendments require single family development north of Mendota Heights Road; and, if it is determined that a park should be located on a portion of the Riley property, the City could require a land dedication. Mayor Lockwood, also responding to Mr. Losleben, stated that single family zoning has been stop-gap zoning in this area: R-1 zoning has been allowed to continue adjacent to T.H. 55 and 1-494 pending strong proposals to change the zoning because the property is under airport noise zones. He informed the audience that the City is strongly advised under the Metropolitan Housing Guide not to place single family development in such noise zones. Mr. Bernard Friel commented on the park site location, bonding regulation changes and the Mayor's remarks on zoning. In response to comments and requests from members of the audience who felt that there is a community-wide need for information on the proposal, the Council directed the City Administrator to prepare a statement, to be published in the City's newsletter, detailing chronolical events relating to the proposed project and factors which influence the site. Councilmember Hartmann moved adoption of Resolution No. 85-90, "A RESOLUTION ADOPTING A PROGRAM AND GIVING PRELIMINARY APPROVAL TO A PROJECT AND ITS FINANCING, UNDER MINNESOTA STATUTES, CHAPTER 462C AND AUTHORIZING SUBMISSION OF THE PROGRAM TO THE MINNESOTA HOUSING FINANCE AGENCY FOR REVIEW," as amended to stipulate that the City Council may determine not to give final approval to the bonds for any reason whatever, including the failure of the developer to submit a development proposal acceptable to the City Council in its sole, absolute and unlimited discretion. Mayor Lockwood seconded the motion. Ayes: 3 Nays: 1 Blesener RECESS Mayor Lockwood called a recess at 10:50 P.M. The meeting was reconvened at 11:05 P.M. TANDEM PARK DEDICATION Page No 2408 November 19, 1985 The Council acknowledged a memo from the Public Works Director regarding the proposed Tandem Corporation's park dedication for Copperfield. In response to a concern expressed by the Mayor, Mr. Danielson stated that there is nothing in the proposal which would preclude a future neighborhood parkin the south portion of the Tandem development, informing Council that staff has specifically not recommended approval of anything south of the first phase of development so that the City would have the opportunity to provide for a neighborhood park later. Mayor Lockwood asked if consideration of the proposal could be delayed until Councilmember Cummins was able to be present and was informed by the City Administrator that approval this evening is necessary so that Tandem can complete final plat preparation. After discussion, Councilmember Witt moved approval of the Copperfield park dedication for land, trail construction and scenic easement area, subject to five changes to the scenic easement as recommended by the Park and Recreation Commission on November 12th. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 PARK STUDY Mayor Lockwood moved approval of the Park and Recreation Commission request (as detailed in a memo from the City Administrator dated November 14th) for an additional meeting with Barton-Aschman Associates at a cost not to exceed $740. Councilmember Witt seconded the motion. Ayes: 4 Nays: 0 MEGAMALL The Council acknowledged and briefly discussed a memo from the City Administrator regarding public hearing comments for Metropolitan Council review of the proposed Bloomington MegaMall development. It was ( ) Council concensus that no public hearing comments should be submitted. TAX INCREMENT The Council acknowledged a memo from the City FINANCING LOBBY Administrator regarding a League of Minnesota Cities voluntary assessment for tax increment financing lobbying efforts. Councilmember Witt moved to authorize payment of $523.26 to-the Minnesota Cities/NAHRO tax increment financing study and lobbying effort, the cost to be Ayes: 4 Ways: 0 -----PLANNING LOAN Ayes: 4 Nays: 0 PETTY CASH FUND Ayes: 4 Nays: 0 COUNTY FACILITIES Ayes: 4 Nays: 0 CITY HALL Ayes: 4 Nays: 0 Page No. 2409 November 19, 1985 financed by the Industrial Development fund. Councilmember Hartmann seconded the motion. Councilmember Blesener moved adoption of Resolution No. 85-91, "RESOLUTION REQUESTING A METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE LOAN," in the amount of $14,000 to finance Phase II of the Southeast Area Study. Councilmember Witt seconded the motion. Councilmember Blesener moved adoption of Resolution No. 85-92, "RESOLUTION INCREASING IMPREST CASH FUND," increasing the fund balance to $500 and the maximum claim amount to $25.00. Councilmember Hartmann seconded the motion. The Council acknowledged and discussed a memo and proposed resolution from the City Administrator concerning location of future Dakota County facilities. Councilmember Hartmann moved adoption of Resolution No. 85-93, "RESOLUTION SUPPORTING LOCATION OF DAKOTA COUNTY FACILITIES NEARER THE POPULATION CENTER." Councilmember Witt seconded the motion. Administrator Frazell informed the Council that the City Hall Committee requests a meeting with the Council to discuss their decision to recommend the build option for City Hall and to get Council reaction to the two sites selected by the Committee. He stated that the Committee has also requested authorization to expend up to $2,000 for soil borings on the Civic Center site. Mayor Lockwood moved that the Council meet with the City Hall Committee at 6:30 P.M. on December 3rd and that soil borings on the Civic Center site be authorized in an amount not to exceed $2,000. Councilmember Hartmann seconded the motion. MISCELLANEOUS The Council acknowledged and briefly discussed memos regarding the rehabilitiation of a house at 1805 COUNCIL COMMENTS ADJOURN Ayes: 4 Nays: 0 ATTEST: Page No. 2410 November 19, 1985 Delaware, T.H. 149 traffic problems and sight obstructions at Downing and T.H. 13. Councilmember Witt informed the Council of a meeting to be held on November 20 to discuss community development block grant funding and that she will submit the north end street project again and ask for additional funding for the project. She also informed the Council that a cable administrator has been selected by NDC-4. There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned. Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:59 o'clock P.M. Robert G. Lockwood Mayor thleen M. Swanson City Clerk