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1985-10-15 Council minutesPage No. 2371 October 15, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held. Tuesday, October 15, 1985 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. Acting Mayor Witt called the meeting to order at 7:30 o'clock P.M. The following members were present: Acting Mayor Witt, Councilmembers Blesener, Cummins and Hartmann. Mayor Lockwood had informed the Council that he would be late. AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES 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. Councilmember Blesener seconded the motion. Councilmember Cummins moved approval of the minutes of the October 1st meeting. Councilmember Hartmann 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 minutes of the September 19th NDC -4 meeting. b. Acknowledgement of a memo from the City Administrator regarding a metropolitan significance review of the proposed Homart Office development in Bloomington. c. Acknowledgement of the Treasurer's monthly report for September. d. Acknowledgement of the minutes of the September 10th Park and Recreation Commission meeting. e. Acknowledgement of the Fire Department monthly report for September. f. Approval of a modified critical area site plan for Ayes: 4 Nays: 0 INTRODUCTIONS AGENDA ORDER ASSESSMENT ROLL, MENDOTA HEIGHTS ROAD WATERMAIN Ayes: 4 Nays: 0 Page No 2372 October 15, 1985 an addition at 754 Woodridge Drive, along with waiver of the critical area site plan review application fee. g. Adoption of Resolution No 85-81, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO 83, PROJECT NO. 4," authorizing final payment of $7,365.09 to Orfei & Sons, Inc., for Evergreen Knolls Addition public improvements. h. Approval of the List of Claims dated October 15, 1985 and totalling 089,159.96. i. Approval of the list of contractor licenses, granting licenses to: J.R. Walker & Sons, Inc. DJ's Heating & Air Conditioning K.W. Dahm Construction Co. London Construction Co. Pacific Pool and Patio M.B. Enterprises Quality Design, Inc. Lindstrom Cleaning and Construction, Inc. DJ's Heating & Air Conditioning Excavating License Gas Piping License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Heating & Air Conditioning License Councilmember Blesener seconded the motion. Acting Mayor Witt introduced Planning Commission member Bill Burke and Park Commission member Robert Leffert to the audience. Acting Mayor Witt informed the audience that Mayor Lockwood would be unable to be present until approximately 9:00 P.M. and consequently the hearings scheduled for 7:30 and 8:00 P.M. would be conducted after the Mayor's arrival. Public Works Director Danielson reviewed his memo regarding the proposed assessment roll for Mendota Heights Road watermain improvements. Councilmember Cummins moved adoption of Resolution No. 85-82, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR WATERMAIN TRUNK LINE ALONG TRUNK HIGHWAY 149 AND MENDOTA HEIGHTS ROAD." Councilmember Blesener-seconded the motion. Page No 2373 October 15, 1985 Councilmember Cummins moved adoption of Resolution No. 85 -83, "RESOLUTION DEFERRING PAYMENT OF ASSESSMENTS (IMPROVEMENT NO. 83, PROJECT NO. 7B)." Councilmember Blesener seconded the motion. Ayes: 4 )Nays: 0 PERSONNEL Police Chief Delmont reviewed his memo regarding the Police Sergeant's promotional exam and tentative timeline for the promotion of a Patrol Officer to Sergeant. Ayes: 4 Nays: 0 COMPUTER STUDY Ayes: 4 Nays: 0 After brief discussion, Councilmember Hartmann moved to authorize the City Administrator and Police Chief to begin the process of testing for a Sergeant and to advertise and accept applications for a new Patrol Officer. Councilmember Cummins seconded the motion. Mr. Dave McCauley, from DSM Information Services, Inc., informed Council that an information system requirement specification has been prepared and that the next step in the process will be to prepare purchase specifications. Mr. McCauley reviewed cost estimates and answered questions from the Council and audience. After discussion, Councilmember Hartmann moved to authorize DSM Information Services, Inc. to enter the Implementation Phase of the project at a fee not to exceed $3,600, study preparation costs to be charged to the budgeted Administration contingency line item. Councilmember Blesener seconded the motion. PERSONNEL Council acknowledged a memo from the City Administrator indicating that three public works employees have applied for the Utility Leadman position. The Administrator recommended that John Neska be appointed Utility Maintenance Worker and that his promotion to Utility Leadman take place after he receives Wastewater Operator Certification. Councilmember Cummins moved to appoint John Neska to the position of Utility Maintenance Worker. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 MENDOTA POLICE CONTRACT Ayes: 4 'Nays: 0 COMMUNICATIONS BIKE TRAIL RECESS HEARING -- TANDEM CORPORATION Page 2374 October 15, 1985 Councilmember Blesener moved to authorize the Mayor and City Clerk to execute the 1986 police contract with the City of Mendota. Acting Mayor Witt seconded the motion. The Council acknowledged a notice of metropolitan significance review on the proposed Bloomington Mall of America /Fantasyworld. The Council acknowledged notices of public hearings from the Regional Transit Board, the Dakota County Library Board and the Metropolitan Waste Control Commission. The Council acknowledged a memo from the Public Works Director regarding the bike trail along the pond at Lexington and Marie Avenues. Park Commission member Leffert stated that the Commission tabled discussion on the matter to its November meeting and asked that Council take no action on the matter until the Commission has an opportunity to discuss and make a recommendation on the issue. Acting Mayor Witt called a recess at 8:35 P.M. The meeting was reconvened at 8:50 P.M. Acting Mayor Witt opened the meeting for the purpose of a public hearing on applications from the Tandem Corporation for rezoning and conditional use permit for Planned Unit Development. Mr. Dick Putnam, representing Tandem, stated that his firm proposes to develop 137 acres of land owned by the Opus Corporation and Jerry Rauenhorst and located west of Delaware Avenue, south of the Dodge Nature Preserve, and east of Delaware Crossing into 181 single family residential lots. He informed Council that his firm has reviewed several issues which were brought to their attention by both the City and area residents: impact of the proposal on the City's Comprehensive Plan, zoning and park system and the impact on neighboring properties. With regard to City issues, Mr. Putnam stated that the property is currently zoned R -1A and that his firm is requesting rezoning to urban density (R -1). He pointed out that lots in Friendly Hills and Delaware Crossing range in size from 10,000 to 15,000 square feet and that the Montgomery Addition consists of one -acre lots. He informed the Council that the density was also of concern to adjacent property owners who would like the R -1A density retained. Another item of City concern Page No. 2375 October 15, 1985 was the issue of park needs. Mr. Putnam stated that there is a natural park area between the two major ponds in the first phase of the three -phase development, that neighborhood parks exist in the Friendly Hills area and the Comprehensive Plan designates a portion of the School District property as a park site. He indicated that there has been some question about the use of the shonaine area surrounding the ponds and that the final issue of concern expressed was that of access to neighboring properties. In response to this concern, he stated that the preliminary plat has been revised to provide two points of access to the Dodge Nature Preserve, two accesses to the Weed property and access to Delaware Avenue in Phase 3. He stated that the lots nearest to the Montgomery Addition have.been realigned to provide larger lots and a greater feeling of openness. Mr. Putnam informed Council that all of the lots exceed the 15,000 square foot R -1 lot size requirement. He stated that a couple of alternatives were discussed by the Park Commission relative to shoreline area ownership and maintenance, one of which was to not use any of the area around the ponds for park purposes. He pointed out that his firm has designed a flexible area around the ponds that can be made a scenic easement which could be owned by the public or which could be privately owned with an easement restricting property owner use of the area. Mr. Putnam stated that it seems that the neighbors would like to see the shoreline remain natural rather than manicured by the property owners. He informed Council that if the area is to be a public area he would have reservations about having a trail along the shoreline -- he did not believe this would work well with the more expensive homes which will likely be constructed on the affected lots, the most expensive and desireable lots in the plat Mr. Putnam stated that if approved, the development will be constructed in three phases which will be developed over a five to six year period. The first (37 acre) phase is the northerly portion of the proposed plat and consists of 57 lots. Mr. Putnam explained that the lots vary in size because he wanted to provide different frontages on the same street. In response to a question from Acting Mayor Witt regarding what park and recreation facilities, such as tot lots or open space, will be available within the plat, Mr. Putnam stated that given the proximity of the Friendly Hills park and the potential future park southeast of the proposed plat area he does not believe there would be a need for another neighborhood Page No. 2376 October 15, 1985 park within the plat. Mr. Putnam stated that the Park Commission has recommended that the first phase of the development be approved subject to resolution of the shoreline ownership issue and that approval of phases two and three be withheld until the Commission reviews the comprehensive park study and can make a recommendation on park dedication. He informed the Council that he has discussed trails with the Commission and that the developers will construct a trail between the ponds and through the project to Delaware Avenue, through the Weed property and back to Huber Drive. Acting Mayor Witt asked for questions and comments from the audience. Mr. Texar, 718 Navajo Lane, complimented Mr. Putnam on his presentation and asked what good the development will do for the City and how it will affect the values of properties in Friendly Hills and Delaware Crossing. He also felt that the shoreline area should be privately owned and should not be publicly accessible. Mr. James Losleben, 815 Hazel Court, asked how many homes could be built under existing zoning. Mr. Bernard Friel asked how much the natural terrain will be altered to accommodate the plat'and whether the developers had done any planning under existing zoning. Mayor Lockwood arrived at 9:05 P.M. Mr. John Campbell, 2348 Apache, noted that 117 of the lots are under 20,000 square feet in size. In response to a question from Council, Mr. Putnam stated that it is likely that at least 3 or 4 builders will be interested in constructing homes within the plat and that lots will also be available for individuals to purchase, however, there will be covenants developed and an architectural control committee so that if an individual buys a lot his house plans would have to be reviewed and approved by the committee. Mr. Ulton Duggan, 813 Hazel Court, asked whether the developer would agree to a 10 acre park dedication for Phases 2 and 3 if such a dedication were required by the City, since Mr. Putnam had indicated that 181 lots are necessary because of development and improvement costs. Page No 2377 October 15, 1985 Mr. Charles Mertensotto, 2371 Rogers Avenue, stated that the School District property (proposed park site) will double in value if the proposed project develops. Mr. Losleben suggested that the City will . be faced with the situation where the school property is not available for park or the neighborhood does not want the site developed for ballfields. He asked what the City would do then in terms of parks for this development. Councilmember Cummins commended Mr. Putnam for working with the community to resolve problems but stated that one complaint still not resolved is the concern about the minimum lot size of 15,000 and frontages of less than 100 feet per lot. He indicated that while he understands the applicant's desire to create different sizes and shapes of lots he is concerned that the minimum lot frontage will be 85 feet at the front yard setback. He expressed concern that there are so many lots of 15,000 and 16,000 square feet and felt that the City has an abundance of plats with those lot sizes and this is one of the last areas in the City to have the opportunity to develop larger than average size lots and high quality homes. He stated that he could support the proposal for the portion of phase one north and west of Huber Drive but would like to see a minimum of 100 feet of frontage for the remainder of the plat. He also felt that the lot sizes should be increased to a minimum of 17,500 square feet and suggested that a new zoning district specificying 17,500 square feet be adopted. Councilmember Blesener agreed, stating that she believes it is appropriate to create larger lots, particularly in the northeast corner and to better accommodate the existing grades without having to do a great deal of earth moving. She also felt that there should be a 30 to 50 foot trail easement around the ponds to tie in with the City's trail system. Mayor Lockwood agreed that there should be a public easement around the ponds. Mr. Campbell stated that the ponds are protected waters and therefore an environmental assessment worksheet must be prepared. Administrator Frazell informed Council that the City must prepare an EAW for developments in excess of 100 single family homes and that the Environmental Quality Board has indicated that the worksheet could be done during phase two. Ayes: 5 lNays: 0 1 Ayes: 5 Nays: 0 _ Page No 2378 October 15, 1985 There being no further questions or comments, Councilmember Blesener moved that the hearing be closed at 9:57 P.M. Councilmember Hartmann seconded the motion. Councilmember Blesener moved approval of phase one of the proposed development contingent upon eliminating one lot per street to increase front footages, increase in the size of the lots nearest the Montgomery Addition and revision of the proposed cul- de -sac. After discussion, the motion was withdrawn. Councilmember Cummins moved to lay the matter over until the comprehensive plan has been discussed. Acting Mayor Witt seconded the motion. RECESS Acting Mayor Witt called a recess at 10:05 P.M. The meeting was reconvened at 10:15 P.M. SOUTHEAST AREA/ COMPREHENSIVE PLAN Ayes: 5 Nays: 0 Mayor Lockwood informed the audience that on October 1st Council accepted the Planning Commission recommendation on proposed amendments to the Comprehensive Plan relating to the southeast area of the City. He stated that he would like to reopen discussion on the proposed amendments and consider additional information. Mayor Lockwood moved to reconsider action taken on October ist on the Southeast Area Comprehensive Plan changes. Councilmember Witt seconded the motion. City Planners Howard Dahlgren and Phil Carlson were present for the discussion. Planner Dahlgren informed the audience that after the last Council meeting, at which the plan amendments were approved, he had dis- cussions with two of the Councilmembers who were con- cerned about the plan. As the result, additional ideas have been generated regarding plan implementation He explained that Concept B -1 in the Southeast Area Study was the amendment approved by Council with a modified boundary line between medium residential and high residential, with densities of 1.6 units per acre for low density residential, 4 units per acre medium residential density and 10 units per acre high density residential. He further stated that Council had determined that the possibility of developing a local Page No.2379 October 15, 1985 commercial center at Dodd and Mendota Heights Road be held in abeyance. Mr. Dahlgren stated that the two Council members expressed concern over the size of the multiple dwelling development proposed by Mendota Heights Associates which would consist of 8 - 75 unit structures,and felt that Council should be able to limit the size of the structures in a high density project. He suggested that one approach would be to permit structures of a certain size, for instance 24 units per building, and to consider proposals for larger structures under a conditional use permit process. Another concern expressed by the Councilmembers was that the developer proposes constructing 592 housing units of a single type and were greatly concerned that it is important to have a variety of housing types and not have up to two- thirds of the entire area usurped by a single type of development. Mr. Dahlgren felt that the City must provide diverse housing options for the community, and for that purpose there should be some variety, rather than 592 unite of one type. He stated that the Councilmembers wanted some type of control over the number of units which could be constructed in the high density classification. Another suggestion was to rezone properties in the southeast area to a specific planned unit development so that it would become a contract zone with specific types of uses and size of structures: the developer would then have the right to construct that development according to the PUD plan but could not vary from the plan as approved. Under such a circumstance, the City would have specific control over such items as size, shape and quality of the structures and the development proposal would be subject to the public hearing process. Mr. Dahlgren stated that it was also the explicit desire of the Councilmembers to change the density for HR from 10 units per acre to 8 units per acre: while some portions of a development may have a density of 10 units per acre, others would then have a density of 6 units per acre to achieve an overall density of 8 units per acre. Mr. Dahlgren then gave a slide presentation illustrating various housing types. He pointed out that one important item to keep in mind is that there is very little opportunity to make any changes in the Comprehensive Plan from 15,000 square foot single family lots: if the City is to offer a variety of housing types at 10 units per acre or less where it Ayes: 5 Nays: 0 Page No. 2380 October 15, 1985 would not adversely impact any land owner, it would be in the area of the City contiguous to I -494 and south of Mendota Heights Road. He pointed out that the lots in Friendly Hills are 10,000 square foot single family lots. The area south of Mendota Heights Road could be developed as a mix of high quality townhouses at 4 units per acre and high residential, 8 unit per acre density, multiple dwelling units with a stipulated maximum number of units per building. The result would be a variety of structures constructed in accordance with very specific development controls. Mayor Lockwood asked how much of the MR area can really accommodate a large building without radically altering the topography of the land. Mr. Dahlgren responded that the site is basically gentle and rolling land and it is possible to locate 8 seventy - five unit buildings on the site: the question is whether the Council wants that many of the same type of building, all three stories, with the same number of units each on one site. Councilmember Witt suggested that if the developer were to instead propose 70 eight- plexes there would be nothing but concrete, blacktop and buildings and the natural terrain and amenities would be destroyed. Mayor Lockwood read the recommendations contained in the City Planner's report dated October llth. Councilmember Blesener stated that she did not believe the recommendations contained enough controls and that there should be a better understanding of the Council's desires. She felt Council should define its goals and objectives for MR and HR districts and incorporate those goals into the Plan amendments: the amendments should include Council's goal for the density of the area south of Mendota Heights Road, 5 units per acre overall; a new PUD zoning district should be created to allow rezoning on a case by case basis; the R-3 District Zoning Ordinance density should be reduced to a maximum of 8 units per acre; and that all the undeveloped land in the southeast area of the City be developed under the PUD process. There was brief discussion over the area on the north side of Mendota Heights Road designated as "Park" in the Comprehensive Plan. Councilmember Blesener moved to create a PUD Zoning District category. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HEARING - MENDOTA HEIGHTS ASSOCIATES HOUSING BONDS Page No. 2381 October 15, 1985 Councilmember Blesener moved to amend the R -3 Zoning District to reduce the density to 8 units per acre. Councilmember Witt seconded the motion. Councilmember Blesener moved to draft a statement for incorporation in the Comprehensive Plan amendments which states the goals and objectives for the southeast area of the City, applying specific controls to development which occurs, such as providing a diversity of housing types, retention of the natural beauty of the terrain, building scale appropriate to the terrain, multiple family buildings of 24 units per building or less except by special use permit, repetitive design structures limited to a maximum of 150 units and a strong preference for owner - occupied housing. Councilmember Witt seconded the motion. Councilmember Cummins stated that he participated in the discussions which led to the series of changes discussed tonight and still has misgivings. He stated that he would like to see the land stay single family but believes the changes just acted upon give the Council sufficient control to assure moderate scale development in the area. Councilmember Blesener moved to amend the Comprehensive Plan in accordance with Concept B -1, the City Planner to establish a reasonable location for the line between HR and MR to provide an HR /MR distribution appropriate to establish an average density of 6 units per acre, and on the basis that each parcel included in Concept B -1 be designated as PUD. Mayor Lockwood seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on applications from Mendota Heights Associates for preliminary approval of four applications for $10 million each in multiple family housing bonds. Mr. James Riley, representing Mendota Heights Associates, along with architect Steve Young, were present for the discussion. Mr. Riley stated that he has prepared two different proposals which he believes meet the spirit of what Council has been discussing: ten acres has been added to the proposed apartment complex site and the average density of the 80 acre site would be 7 units per acre Page No. 2382 October 15, 1985 - the overall density of the site and the adjacent property he owns would be 6 units per acre. Mr. Young, from Young and Wilk Architects, informed the Council that he was retained by Mr. Riley two weeks ago to try to develop a proposal which meets City requirements. He stated that he has looked at densities, building forms, topography, etc., that Mr. Riley is anxious to get the project in a form acceptable to the City, and that he has reviewed four options with Mr. Dahlgren. He explained that he has prepared two possible schemes which step down the density from west to east on the site, addressing soil conditions and terrain. He stated that one concept is for construction of four larger -scale structures, 70 units per structure, on the westerly portion of the site and screened from the neighborhood, stepped down to 40 unit - buildings and then 20 unit buildings on the east portion of the site. The other concept would be 70 unit structures stepped down to 24 and 10 unit structures. Mr. Young stated that the critical point for the developer is that while he does not expect resolution of the issue tonight, he is trying to work toward an end that is acceptable to the City. He indicated that he is only reviewing concepts this evening and cannot get into specifics because detailed plans have not yet been prepared. Councilmember Blesener stated that part of the language just discussed by Council was a strong preference for ownership versus rental, yet the developer's financing plan dictates rental for ten years. Noting that the developer has not reduced the number of housing units proposed for the site, Councilmember Cummins stated that Council is saying that he should downscale the project - Council is talking about 200 units of HR. Mr. Young responded that he is moving in the direction of complying with what Council is requiring but that the owner must decide whether it is economically feasible to develop smaller scale buildings. Mr. Riley stated that he is confident Council can see that he is trying to meet the Council's desires. He pointed out that he is just asking for approval of the preliminary financing resolutions tonight so that he can meet financing requirement deadlines. He suggested that he can work down in both size and style of buildings and further suggested that the only way the land will ever be developed will be in rental units. Page No 2383 October 15, 1985 Councilmember Blesener stated that another item discussed by Council was achieving an average density of 6 units per acre, which would require 100 acres. Mr. Riley responded that he owns 120 acres and the rest of the land will be developed on the basis of 4 units per acre so that he will actually be achieving a project under the 6 unit per acre average basis. Mayor Lockwood asked for questions and comments from the audience. Mr. James Losleben stated that the Council has never had to subsidize development within the City and asked who the Council is going to accommodate. He asked what the proposed density will do to traffic on Mendota Heights Road and stated that the people in Mendota Heights are not interested in high density. He urged Council not to subsidize.a project the residents do not want. Mr. Bernard Friel stated that the taxpayers are providing a subsidy for developments such as that proposed. He stated that Mr. Riley indicates that he needs $40 million in financing in order to build units of a high quality nature and asked whether the developer is suggesting that he would build something less than quality unless he gets the subsidy. He urged Council not to approve the bond request. Mr. Russell Wahl, 631 Callahan Place, stated that he cannot understand why the Council rezoned the property and that the City is putting gold in the developer's pocket. Mr. Riley responded that the project would have an immediate income to the City of one -half million dollars in permit and bonding fees. Mrs. Mike Kennedy, 2567 Delaware Avenue, submitted a petition in opposition to the proposed project. Mr. Dale Glewwe, 735 Blue Gentian, stated that the City invited the freeway and the traffic on Dodd: when the freeway was built, the City opened itself up to problems. He pointed out that the property is also affected by airport noise. He stated that these are considerations that the people north of T.H. 110 know nothing about. He suggested that before the federal government steps in and tells the City that nothing can be built on the land, the City must recognize that what is being proposed may be much better than what will be forced on the City in the future. Ayes: 5 Nays: 0 Page No. 2384 October 15, 1985 Mr. Losleben stated that airport noise and traffic are only excuses, that Mr. Dahlgren says that the City wants to accommodate diversity in housing. He suggested that senior citizens will not locate in the type of building proposed, that the issue of senior citizen housing is not being addressed, and asked who would be accommodated by the housing proposed. Mr. Friel suggested that aircraft and freeway noise are rationalizations to reach a result and that if the FAA is going to start restricting development, it will start in Bloomington and not Mendota Heights. He felt that it makes no sense to insist that the property be used for multiple development and stated that he believes that the property would be a desireable single family area because airport noise will be reduced over the next five years. Mr. Ben Thompson, a resident of Delaware Crossing, stated that he recently moved to Mendota Heights because there wasn't high density or congestion and traffic wasn't bad. He stated that he is not in favor of high density south of his property. Mr. Tim Urkula, from Westwood Planning, stated that he would like to remind the group that the land is unique in many ways, and suggested that it is a damaged site because of the airport noise, gas pipeline, overhead electrical and freeway impact. There being no further comments, Councilmember Cummins moved that the hearing be closed. Councilmember Blesener seconded the motion. Councilmember Blesener stated that the earlier discussion on the Comprehensive Plan was that the Council is looking for diversity of housing types in the area with a 150 unit maximum in a given development and with a preference for ownership versus rental. She stated that she cannot support more than 150 units of rental housing. Councilmember Cummins stated that he has continued reservations and that he feels that action on the Comprehensive Plan was appropriate. He stated that nothing the developer stated tonight had given him confidence that the developer will come into compliance with the Comprehensive Plan changes and that he can not therefore support the public financing. TANDEM CORPORATION Ayes: 5 Nays: 0 MENDOTA HEIGHTS ASSOCIATES PROCLAMATION Ayes: 5 Nays: 0 Page No. 2385 October 15, 1985 Councilmember Cummins moved denial of the mortgage revenue financing for the project. The motion died for lack of second. Councilmember Blesener moved to give preliminary approval to $10 million in financing for a maximum of 150 units contingent upon adoption of an acceptable development proposal and on the basis that the City assumes no obligation or liability for costs the developer or his bond agents may incur in proceeding to develop the bond issue. Mayor Lockwood seconded the motion. Mr. Riley stated that he could not accept approval of only $10 million in housing bond financing and left the meeting. Mayor Lockwood withdrew his second to the motion. Councilmember Blesener withdrew the motion. Councilmember Cummins moved adoption of Ordinance No. 217, "AN ORDINANCE AMENDING ORDINANCE NO. 401," to rezone Tandem Development's Phase I to R-1 and approval of the Tandem Development preliminary plat on the condition that one lot in Lots 7 through 14, Block 4 be eliminated and the area spread among the lots on that side of the street and with the proviso that before approval of the final plat Council will be given the restrictive covenants for review. Councilmember Blesener seconded the motion. It was the Council concensus that building permits for model homes in Phase I could be issued prior to final plat approval, since plat approval cannot occur until after completion and review of the comprehensive park study. City Attorney Tom Hart stated that Mr. Riley's counsel has spoken with him and asked that he inform the Council that Mr. Riley has not withdrawn his applications but cannot live with the motion that was on the floor. Councilmember Hartmann moved that the Council proclaim October 21st through the 25th as National Business and Professional Women's Week in Mendota Heights. Councilmember Cummins seconded the motion. MENDOTA HEIGHTS ASSOCIATES (—]) ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 2386 October 15, 1985 Mr. Tim Urkula asked for clarification of the Council action on the Comprehensive Plan amendments along with direction and guidance on how to proceed with development of the site. Councilmember Hartmann moved that the meeting be adjourned to closed session for discussion of park land acquisition negotiations. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 12:43 o'clock A.M. 7&., o-eit,uvtiL Robert G. Lockwood Mayor 72) K thleen M. Swanson ity Clerk