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1985-11-05 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 5, 1985 Page No. 2387 November 5, 1985 JPursuant 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. INTRODUCTIONS Mayor Lockwood introduced City Planner Howard Dahlgren to the audience. SOUTHEAST AREA Mayor Lockwood read action taken at the October 15th COMPREHENSIVE PLAN meeting relating to comprehensive plan amendments and AMENDMENTS development of the southeast area of the City. The Council acknowledged and discussed a memo from Planner Dahlgren proposing plan amendment language and a memo from the City Administrator regarding southeast area plan amendments. Councilmember Cummins suggested that the supporting guidelines section of the Goals statement be expanded so that item number one be renumbered number 2 and that a new number one be inserted to state that no particular development project shall exceed 150 units. He felt that such language would not preclude one developer who proposes a 150 -unit project from bringing in other project proposals of the same size. He stated that if this approach were taken he could envision several development projects of 150 units being constructed over the next five years: the City would not be facing two projects which would develop the entire area in one year. City Attorney Hart concurred but stated that the standard which will guide the Council is whether the comprehensive plan limitations are reasonably and rationally related to the public safety, health and welfare. He stated that he is not sure the concerns of Councilmember Cummins cannot be addressed through the design process and felt that specific guidelines as suggested should not be set forth in the plan. Councilmember Cummins stated he suggests the 150 -unit project maximum for several reasons: Council would then have the opportunity to control the orderly development of the area and such project would be less Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HOUSING BONDS - MENDOTA HEIGHTS ASSOCIATES Page No. 2388 November 5, 1985 likely to unduly tax the services the community must provide than a 500 -unit project developed at one time. Mayor Lockwood pointed out that the City always requires developers agreements and has never lacked control under those agreements and felt that since development can only occur through the PUD process Council will have all the control it needs. After discussion, Mayor Lockwood moved to adopt the wording regarding comprehensive plan changes contained in the City Planner's report dated October 23, 1985. Councilmember Witt seconded the motion. Administrator Frazell asked for Council direction relative to the portion of his memo regarding commercial area designation for the southeast corner of Dodd Road and Mendota Heights Road. Councilmember Witt stated that she concurs with a statement by Councilmember Cummins at a prior meeting, that consideration of the designation can occur when a need occurs. Councilmember Witt moved to refer the proposed Zoning Ordinance amendments contained in Planner Dahlgren's October 23rd report to the Planning Commission. Councilmember Blesener seconded the motion. Mayor Lockwood reviewed Planner Dahlgren's October llth memo and October 15th Council discussions relative to the Mendota Heights Associates (James Riley) applications for $40 million in housing revenue bonds and proposal for development of an apartment project on the south side of Mendota Heights Road. He stated that Mr. Riley has indicated that he is willing to work with the City based on the compromise suggested by two Councilmembers at the last meeting and that he has met with Mr. Riley in the hope that a compromise can be reached. Mayor Lockwood informed the Council that Mr. Riley has suggested that he would be willing to build 150 units of apartment housing as a first stage and wait to see how acceptable the project becomes to the City, with the understanding that he could ultimately build 300 units which would be condominiumized in the future and based on $20 million in housing revenue bond financing. He informed the audience that at a special meeting an November 4th, Planner Dahlgren reviewed suggested site plans which he had prepared and which presented a mix of structure sizes: 2 -75 unit structures, and four structures containing 32 units, 52 units, 20 units and Page No. 2389 November 5, 1985 46 units respectively. The units would be spread over 40.75 acres so that the density would be less than 8 units per acre, which would fall within the guidelines. He felt that the proposal is a reasonable compromise and that if the developer can build the structures under the City's rigid guidelines it would be an acceptable project. Councilmember Witt stated that she agrees with the Mayor's efforts but pointed out that Councilmember Cummins has raised questions which should be addressed, citing in particular a letter from the Metropolitan Council to the City Administrator which states in part that an environmental assessment worksheet should be completed by the City before it makes a final decision on the bonds. Councilmember Cummins stated that he was going to raise a couple of legal issues and noted that while those issues could be referred to the City Attorney for review and the financing considered after his review, he suggested that the proposed bonding be denied at this time based on the proposed project and on the basis that Council has just gone through an arduous comprehensive plan amendment with good guidelines in place. He stated that the Riley proposal still fails to conform to the comprehensive plan to the extent that all of the buildings exceed 24 units in size. Councilmember Cummins pointed out that while the conditional use permit process would be available to the developer, he would be reluctant to approve financing for a project that is not consistent with the comprehensive plan. He suggested that the developer can come back some day with a project in keeping with the scale of the comprehensive plan. Mayor Lockwood asked Attorney Tom Hart for his comments regarding the Metropolitan Council letter. Attorney Hart stated that his preliminary response is that there has been no comment from the Metropolitan Council other than a finding of no inconsistensy at this time: an EAW is required and will be required, but he is unsure that the lack of EAW invalidates the public hearing. Debra Strehlow, bond counsel for Mr. Riley, stated that with regard to the EAW, the requirement is that it must be finished and accomplished before the final bond approval and pointed out that the Council is considering dust the preliminary resolutions at this time. Mayor Lockwood stated that he believes the Council is proceeding properly and that his only reason for being in favor of granting the financing is simply to enable Page No. 2390 November 5, 1985 the developer to produce a better quality construction for the City. City Attorney Hart stated that if it is Council's desire to approve the preliminary financing resolutions, the resolutions should be augmented to be very clear that the discretion of the Council is abso- lute and unlimited. Councilmember Blesener expressed support for Council- member Cummins' statements, pointing out that Council has taken great pains to amend the comprehensive plan and that the amendments contain certain language which the developer's proposal is in conflict with. She stated that she believes the development can eventually be worked out to be acceptable to the Council but that she cannot support the requested financing because of the conflicts with the plan amendments. Councilmember Witt commented that while the points brought out by Councilmember Blesener are good, the request before Council is only for preliminary approval. She felt that Council adoption of the preliminary resolutions, amended to reflect the City Attorney's comments on Council discretion, would be appropriate. Councilmember Cummins stated that the attorneys have not addressed his concern that the EAW be completed, and pointed out that statutes require that a Metropolitan Council report be considered at the public hearing -the report was not given to Council and he believes it was germane_ , He informed Council that Bernard Friel has mentioned to him that he had done research on bond issues and has discovered a legal point which could jeopardize the issuance of any City bonds in the future. He felt that Council should resolve the issue now and that the developer can come back with a proposal later that will comply with City guidelines. Mr. Bernard Friel stated that section 462C.04 of State Statute requires that if there is any material change in a project placed before the Metropolitan Council that the matter must be resubmitted to the Metropolitan Council and Minnesota Housing Finance Agency before it can be reheard by the Council. He felt that a change from 590 units to 300 units is a material change which requires new public hearings and stated that he has been informed preliminarily by the Metropolitan Council that this does constitute a material change. Mayor Lockwood pointed out that the changes which have Ayes: 2 Nays: 3 Blesener Cummins Hartmann APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Page No 2391 November 5, 1985 been made are changes that the residents wanted. City Attorney Hart stated that the relevant opinions would be heard at bond closing, if that ever occurs. He informed the Council that he has asked the bond counsel whether the reduction in units would be a material change and they have expressed the opinion that it is not a change which would require additional hearings. Mayor Lockwood moved preliminary approval of $24 million in housing revenue financing for Mendota Heights Associates. Councilmember Witt seconded the motion. Councilmember Witt was excused from the meeting at 8:45 P.M. Councilmember Hartmann moved approval of the minutes of the October 15th meeting. Mayor Lockwood seconded the motion. Mayor Lockwood asked that Item 4g, memo on Dodd Road watermain assessment deferment request, be removed from the consent calendar. Councilmember Cummins moved approval of the consent calendar as submitted, exclusive of item 4g, 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 minutes of the October 8th Park and Recreation Commission meeting. b. Acknowledgement of the minutes of the October 22nd Planning Commission meeting. c. Acknowledgement of the Code Enforcement monthly report for October. d. Acknowledgement of a memo from the City Treasurer regarding sewer rates. e. Acknowledgement of a letter from Ms. Betty Armstrong regarding southeast area development. Page No. 2392 November 5, 1985 f. Adoption of Resolution No. 85 -84, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR ANDERSEN /CURLEY SANITARY SEWERS AND WATER SERVICES (IMPROVEMENT NO. 85, PROJECT NO. 1)," authorizing final payment of $1,240.00 to Orfei &Sons, Inc. h. Approval of a request from the City Administrator to authorize subscriptions to City Council meeting agendas at an annual fee of $17.00. i. Acknowledgement of a report of bids received for the sale of Park Department Unit No. 501, a 1978 Chevrolet 3/4 ton pick -up truck, and authorization to sell the unit to Mr. James Ayotte for his high bid of $3,050.00. j. Acknowledgement of a letter from Cameron Kruse expressing his intent to resign from the Planning Commission at the end of his current term, along with a memo on Commission term expirations. k. Acknowledgement of a memo from the Police Chief and approval of a waiver of the City's trapping ordinance to allow Mr. Thomas Heany to trap beavers on his property at 1818 Valley Curve. 1. Approval of the list of claims dated November 5, 1985 and totalling $132,254.50. m. Approval of the list of contractor licenses, granting licenses to: Parsons Hardware Gas Piping License Developers Construction General Contractor License Oreskovich Builders, Inc. General Contractor License B.B.K. Construction, Inc. General Contractor License Dennis Greger Construction General Contractor License Nilles Builders General Contractor License Protective Home Covering General Contractor License Woods Construction General Contractor License D.S. Trudeau Const. Co. General Contractor License Olsen Fire Protection Inc. General Contractor License Parsons Hardware Htg. & Air Cond. License Fred Vogt and Company Htg. & Air Cond. License Charles Denn Drywall /Stucco Plastering /Stucco License Councilmember Hartmann seconded the motion. Mr. Bernard Friel presented a new petition, signed by an additional 250 residents, opposing the changes-in the Southeast area. fl Page No. 2393 November 5, 1985 EQUIPMENT CERTIFICATES Financial Advisor Shaughnessy distributed and reviewed a tabulation of bids received for the sale of $260,000 in Equipment Certificates. He recommended that the bid be awarded to the First National Bank of St. Paul for its low bid of $57,950 and net interest rate of 6.981%. Ayes: 4 Nays: 0 HEALTH RESOURCES Ayes: 4 Nays: 0 EASEMENT VACATION TANDEM DEVELOPMENT, COPPERFIELD ADDITION Councilmember Hartmann moved adoption of Resolution No. 85-85, "RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $260,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1985," awarding the bid to the First National Bank of St. Paul. Councilmember Cummins seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Health Resources, Inc. for preliminary approval of an application from Health Resources, Inc. for $750,000 in industrial revenue financing. The Council acknowledged a memo from the City Administrator indicating that , Health Resources has asked that the matter be held over. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be continued to December 3rd. Councilmember Blesener seconded the motion. Administrator Frazell informed the Council that Mr. Thomas Dolan, applicant for vacation of an easement in the Brampton Courts Addition, cannot be present until later in the meeting and has requested that the hearing be delayed until his arrival. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, the matter was tabled. Mr. Dick Putnam, representing Tandem Development, was present to review proposed changes in the preliminary plat for the Copperfield Addition which were the result of Council recommendations and conversations with Dodge Nature Center representatives. He reviewed the changes which were described in his letter to the Council dated October 30th. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 DEFERMENT REQUEST Page No. 2394 November 5, 1985 He informed the Council that he has walked the site with representatives of the Park Commission and Dodge Nature Center and Public Works Director Danielson and there was some question about surfacing of the trail between the ponds. He stated that the developer's agreement specifies blacktop but if the Park Commission prefers wood chips or limestone as had been suggested by their representative, that will be acceptable to him. Mr. Putnam informed the Council that Lyman Lumber Company has become an equity partner in the development of the project. Councilmember Blesener stated that one of her concerns at the last meeting was the bubble (cul -de -sac) off Huber Drive and asked whether there is some possible way the cul -de -sac from the west can be extended. Mr. Putnam described the topography of the land and stated that one alternative would be to extend the bubble all the way through. He stated however that he would prefer not to plat lots with the rear yards on Huber Drive and that he does not know of a way better than what is proposed which would make the lots look good. Mr. Putnam informed the Council that the developer's agreement stipulates a specific size of tree mover in Section 11 and asked that the size be deleted because he may want to use a larger mover. The Council acknowledged receipt of the copies of the restrictive covenants for the plat and a petition for public improvements and waiver of hearing. Councilmember Cummins moved approval of the developers agreement for Copperfield with changes in paragraph one of section 10 to state asphalt or concrete construction, deleting "and asphalt" in paragraph two, section 10, and deleting 44" from paragraph 11. Councilmember Blesener seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 85 -86, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR COPPERFIELD SUBDIVISION (TANDEM CORPORATION) (IMPROVEMENT NO. 85, PROJECT NO. 4)." Councilmember Blesener seconded the motion. The Council acknowledged receipt of a memo from the Public Works Director and letter from Visitation Monastery requesting the deferment of an assessment for Mendota Heights Road /T.H. 149 watermain improvements against the Gott property recently Ayes: 4 Nays: 0 CASE NO. 85 -28, LINSMAYER Ayes: 4 Nays: 0 CASE NO. 85 -29, LINVILL COMPUTER SYSTEM Ayes: 4 1Nays : 0 YORKTON FEASIBILITY STUDY Page No. 2395 November 5, 1985 acquired by the Monastery. Mayor Lockwood stated that the property was apparently purchased after the assessment roll was adopted and does not therefore qualify for deferment+would not be in accordance with City policy on the deferment of assessments. It was the concensus that if Visitation has information which would support deferment approval, they may come before the Council again with a request. Councilmember Cummins moved to deny the request for deferment of assessments without prejudice. Councilmember Hartmann seconded the motion. Mr. Nick Linsmayer was present to request approval of a 20 foot variance from the rear yard setback requirement to allow construction of a home on Lot 17, Block 1, Valley View Oak 1st Addition. Councilmember Blesener moved to grant a 20 foot rear yard setback variance, subject to a 30 foot area being provided along the west sideyard, for Lot 17, Block 1, Valley View Oak 1st Addition. Councilmember Cummins seconded the motion. Administrator Frazell informed the Council that the applicant is unable to be present for the discussion and asked that the matter be tabled to November 19th. Mr. Dave McCauley was present to briefly review and answer Council questions on the proposed request for proposals for computer software and equipment. After discussion, Councilmember Blesener moved to approve the Request for Proposals and authorize advertisement for bids to be received on December 2nd. Councilmember Hartmann seconded the motion. Public Works Director Danielson reviewed the feasibility study on proposed improvements to serve the Yorkton property and adjacent areas. Councilmember Cummins moved adoption of Resolution No. 85 -87, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEAI$NG ON PROPOSED SANITARY SEWER, WATER, STORM SEWER, STREETS AND .LIGHTING IMPROVEMENTS TO SERVE THE YORKTON CENTRE POINTE SOUTH SUBDIVISION AND Ayes: 4 Nays: 0 )EASEMENT VACATION Page No. 2396 November 5, 1985 ADJACENT AREAS (IMPROVEMENT NO. 84, PROJECT NO. 4)," the hearing to be conducted on December 3rd. Mayor Lockwood seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from Thomas Dolan for the vacation of a utility easement over Lot 5, Block 1, Brompton Courts Addition. Mr. Dolan informed the Council that he has recently sold the property and felt an obligation to pursue the easement vacation. He stated that he does not know what the easement was originally dedicated for. Public Works Director Danielson informed the Council that no utilities are within the easement area and there is no City need to retain the easement. It was noted by the Council members that the easement also runs across part of Lot 6 and that perhaps the owner of the lot should be contacted to see whether he also desires an easement vacation. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed and that Resolution No. 85-88, "RESOLUTION APPROVING VACATION OF UTILITY EASEMENT IN LOT 5, BLOCK 1, BROMPTON COURTS" be adopted. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 NOISE REGULATIONS City Treasurer Shaughnessy reviewed his memos and a report from John Shardlow expressing their concerns regarding proposed amendments to the Pollution Control Agency's rules governing airport noise. He informed the Council that a public hearing on the proposed amendments will be conducted by the PCA on November 19th. Mr. Shaughnessy and Bernard Friel, the City's representative on MASAC responded to Council questions on the matter. Mr. Friel stated that the City should be concerned over the liability it might face if it implements the state regulations and complies with the imposition of use requirements on land that is affected by noise. After discussion, Council directed that Mr. Shaughnessy prepare a draft of comments for presentation to the Hearing Examiner at the PCA hearing and to submit the comments to Mr. Friel and MOTOR VEHICLE ORDINANCE Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 PUBLIC WORKS RADIOS Ayes: 4 Nays: 0 Page No. 2397 November 5, 1985 City Planner Dahlgren. Police Chief Delmont reviewed the proposed Motor Vehicle Ordinance and responded to Council questions on the matter. There was some discussion regarding the parking/storage of recreational vehicles and it was determined that the matter should be considered when the Zoning Ordinance updating process occurs. It was noted that section 4.13(2) should be corrected to read "or any truck in excess of 9,000 pounds" rather than any vehicle. Councilmember Cummins moved adoption of Ordinance No. 218, "AN ORDINANCE REPEALING CERTAIN MOTOR VEHICLE AND PARKING ORDINANCES." Councilmember Blesener seconded the motion. Councilmember Blesener moved adoption of Ordinance No. 219, "AN ORDINANCE REGULATING MOTOR VEHICLES AND TRAFFIC," and authorization of summary publication in form prepared by the City Attorney. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved to re-number all remaining ordinances in Section 11 of the City's Code of Ordinances. Councilmember Cummins seconded the motion. On the recommendation of the Police Chief, Councilmember Hartmann moved to authorize radio consultant John DuBois to acquire public works radio equipment and police/fire antennae from the ISD 191 bid, at a cost of 029,711.84. Mayor Lockwood seconded the motion. ( ,HIGHWAY 13 TASK FORCE The Council acknowledged a letter from Lilydale Mayor Bream and a memo from the City Administrator recommending that Council appoint a representative to serve on a joint Mendota Heights/Lilydale/Mendota T.H. 13 Task Force. Councilmembers Blesener and Hartmann both volunteered to serve on the committee. It was the concensus of the Council to appoint Councilmembers Blesener and Hartmann to alternate on the Task Force. Page No. 2398 November 5, 1985 SUBURBAN RATE AUTHORITY The Council acknowledged a memo from the City Adminis- trator and a letter from the Suburban Rate Authority asking the City to contribute financially to the Suburban Rate Authority's efforts in the NSP electric rate increase case. It was the concensus that Council had no interest in participating financially. ( EIDE ESTATES FIRE CODE Ayes: 4 Nays: 0 T.H. 149 TRAFFIC Council acknowledged and briefly discussed a memo from the Public Works Director requesting Council direction on the desireability or need for acquiring either a lot or an easement in the Eide Estates to provide utility and street access to the Perkegwin property. It was the concensus of the Council that no action should be taken on the matter since there is no development proposal for the Perkegwin property and the property can be served from Dodd Road. Councilmember Hartmann moved adoption of Ordinance No. 2.20, "AN ORDINANCE AMENDING ORDINANCE NO. 1007," to adopt the 1982 edition of the Uniform Fire Code. Councilmember Blesener seconded the motion. Councilmember Blesener expressed concern over increased traffic on T.H. 149 from 1-494 and asked that the possibility of installing stop signs on T.H. 149 between 1-494 and T.H. 110 be explored. Staff was directed to pursue the matter with Mn/DOT. MISCELLANEOUS Councilmember Cummins informed the Council that he will be unable to attend the November 19th meeting. - ADJOURN Councilmember Hartmann stated that weeds in the ditch at Downing and T.H. 13 are creating a site obstruction and asked that Public Works cut the weeds. Administrator Frazell stated that Councilmember Witt has asked him to express her concern over the constantly incompleted state of remodeling of a house located at Marie and Delaware. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting Ayes: 4 Nays: 0 ATTEST: Page No. 2399 November 5, 1985 be adjourned. Councilmember Blesener seconded the motion. TIME OF ADJOURNMENT: 11:20 P.M. Robert G. Lockwood Mayor K thleen M. Swanson City Clerk