Loading...
1985-10-01 Council minutesPage No. 2360 October 1, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 1, 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. 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 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Lockwood moved adoption of the agenda for the meeting including additional items contained in the add -on agenda. Councilmember Witt seconded the motion. Councilmember Hartmann moved approval of the minutes of the September 17th meeting. Mayor Lockwood seconded the motion. Councilmember Cummins moved approval of the minutes of the September 24th special meeting. Councilmember Blesener 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 Fire Department monthly report for August. b. Acknowledgement of the Code Enforcement monthly report for September. c. Approval of a request from Russell Wahl to authorize an expenditure of up to $250 for the annual Halloween Bonfire. d. Acknowledgement of the minutes of the September 24th Planning Commission meeting. Ayes: 5 Nays: 0 Page No. 2361 October 1, 1985 e. Acknowledgement of the minutes of the September 25th Planning Commission meeting. f. Adoption of Resolution No. 85 -75A, "Resolution Accepting Work and Approving Final Payment for Lexington Avenue Bicycle Trail Construction (Job No. 8410)," authorizing final payment of $39,288.43 to Preferred Paving, Inc. g. Approval of the List of Claims dated October 1, 1985 and totalling $131,020.62. h. Approval of the list of contractor licenses, granting licenses to: Masonry Licenses Swanson Masonry, Inc. Excavating Licenses Vanderhoff Excavating Thompson Plumbing Company Gas Piping Licenses Easton Heating Company Heating and Air Conditioning Licenses Hennig and Peck, Inc. Jacobsen Excavating Judkins Heating & Air Con- Easton Heating Company ditioning, Inc. Plastering /Stucco Licenses Joe Nelson Stucco Roofing License Warner True Value Hardware General Contractor Licenses Greg Frazee and Associates The Quimby Company Parkas Construction Co., Inc. Langer Construction Co. Gorco Construction Co., Inc. Grand Construction Co. Brandt Builders North Star Services Stiglich Construction, Inc. Mike Rygh Homes, Inc. Western States Fire Protection Company Councilmember Cummins seconded the motion. CASE NO, 85 -17, CLASEN Ayes: 5 Nays: 0 Page No. 2362 October 1, 1985 Mr. Joe Steinmaus was present to request approvals of variances which would allow a home to be moved from Henry Sibley High School property to a lot located at the northwest corner of Hiawatha and Chippewa. Councilmember Cummins moved approval of a six foot sideyard setback variance on Hiawatha, a one foot sideyard setback variance from the northerly property line, a ten foot lot width variance and a 3,300 square foot variance from the lot size requirement to allow the moving of a house to Lot 6 and part of Lot 5, C.D. Pierce Addition. Councilmember Hartmann seconded the motion. HEARING - YORKTON Mayor Lockwood opened the meeting for the purpose of a REZONING public hearing on an application from Yorkton, Ltd., for the rezoning of property located at the southwest quadrant of T.H. 110 and Lexington Avenue from B -1A to B -1. Mr. Larry Lee described the potential development of the property and explained that the rezoning is requested to allow platting of the property into lots of less than five acres which is the required B- 1A District lot size requirement. He informed the Council that Mn /DOT plans to construct a street on the north property line, from Lexington to the westerly property line, right away and therefore there will be no access to T.H. 110 from the site. He stated that rather than a crossing at T.H. 110, a loop street system will be constructed within the development to provide all ingress and egress. Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing be closed at 8:03 P.M. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Ordinance No. 216, "ORDINANCE AMENDING THE MENDOTA HEIGHTS ZONING ORDINANCE," to rezone the Yorkton property from B -1A to B -1. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 SOUTHEAST AREA STUDY The Council acknowledged a memo from the City Administrator indicating that Planning Commission Page No. 2363 October 1, 1985 member Dorothy McMonigal had contacted him to express her support for the Planning Commission recommendations on the Southeast Area Study and the Mendota Heights Associates planning applications. Mayor Lockwood read action taken by the Planning Commission at their September 25th meeting, recommending that Concept B -1 in the Study be approved with the exception that the westerly tip of HR be considered suitable for neighborhood commercial development. Councilmember Blesener stated she believes Council should create new zoning districts, R -2A and R -2B PUD Districts. The R -2A district would specify medium density development with a maximum of four units per acre: the R -2B district would specify multiple dwelling residential development with a maximum density of eight units per acre. She stated that as part of the new zoning district requirements she would like to see development controls imposed, parameters for a developer to work with such as structure size, number of units per structure, exterior material requirements and enclosed parking. Councilmember Blesener also stated that she would like to see planned unit development controls for limited business or commercial district zones with similar guidelines and would like to ask developers to install internal trail systems linked to the City system to provide access into the developments by other City residents so that the developments would be more a part of the community. She suggested that an earth berm should be constructed along 1 -494 to screen the freeway from the residential developments. With regard to the land north of Mendota Heights Road, Councilmember Blesener felt that the area should be zoned R -1 with one -third to one acre lots. Regarding the land on the south side of Mendota Heights Road, she stated that under the existing R -1 zoning, 478 single family residences could be constructed between Dodd and Delaware: doubling that density for multiple dwelling would allow 956 housing units. She suggested that Council should determine what the total density should be for this area and then divide the zoning to meet that goal. Mayor Lockwood stated that the object of the study was to come up with a reasonable use for the land in the southeast area of the City. He stated that if Council agrees with the Planning Commission recommendation it should amend the Comprehensive Plan so that it reads as shown on Concept B -1 and that zoning would then be accomplished piecemeal within those guidelines. Councilmember Cummins stated that Council Page No. 2364 October 1, 1985 could amend the Comprehensive Plan and take applications for rezoning on a case by case basis. Phil Carlson, from the City Planner's office, stated that under concept B -1, 210 acres fall within the HR and MR classifications: the high residential would, at 10 units per acre, yield a maximum of 964 units, and the medium residential would yield a maximum of 287 units. Councilmember Witt stated that she likes the idea of restricting the HR district to eight units as suggested by Councilmember Biesener. Mayor Lockwood stated that it seems to him that Council does not need to clutter up the City's zoning ordinance any more than it is now: on every development Council reviews and takes action on preliminary and final plats. He did not see why it would be necessary to state that everything in the southeast area would be done only by PUD, although Council could do that. He disagreed with a suggestion that the current R -3 zoning regulation density be reduced from 10 to 8 units per acre. Councilmember Cummins stated that he is ill at ease with the amendment as proposed and suggested that the entire area south of Mendota Heights Road be classified MR. He stated that he is uncomfortable with large apartment development proposals being made without any type of controls, such as those suggested by Councilmember Biesener. He also felt that the Planning Commission recommendation over commercial designation for the westerly area not be approved at this time. He felt that such use would just attract traffic from the freeway, and that while he does not think that commercial use is out of the question when the area develops, it is premature to classify it as neighborhood commercial at this time. Councilmember Witt stated that, given the airport noise impact and freeway noise impact, the HR classification proposed in Concept B -1 is the most appropriate classification. She stated that the area proposed as MR is more protected and does not have the dual noise problem that affects the area proposed as HR. She indicated that she is uncomfortable with the size of the structures proposed by Mendota Heights Associates, would like to see more density control and would prefer a proposal for 60 rather than 75 units per building. Mayor Lockwood stated that he believes it would be Page No. 2365 October 1, 1985 foolhardy to insist that typical housing be constructed anywhere within the airport noise zone or adjacent to a freeway and suggested that Council should look at housing types where people would not be spending a great deal of time outside. Councilmember Cummins stated that Council shouldn't unleash on the rest of the community the traffic increase and demands for service that a proposal such as that of Mendota Heights Associates would generate. He stated that he would be very reluctant to place additional burdens on the community by making changes and felt that Council should minimize the effects of development in the area and retain the existing character of the community. He felt that Council should not adopt a Comprehensive Plan amendment based on current housing demands. Planner Carlson suggested that perhaps the best way to address Council's concern over the total number of units would be to reduce the area proposed for HR density. He stated that the existing R -3 density of 10.5 units per acre is probably the lowest in the metro area and suggested that to reduce that number to eight units per acre could be very extreme. Council generally agreed with the suggestion that the HR area be reduced. Mayor Lockwood felt that the determination on description of the HR area should be according to the land characteristics and amenities. Mr. Carlson stated that Concept B -1 uses an existing powerline easement and other characteristics and that he could prepare different lines for HR and MR based on the Mayor's suggestion. It was the concensus that Mr. Carlson should be directed to report back to Council with information on a reduced HR area based on topographic information, reshaping the HR area in such a way that the number of apartment units could be reduced to one -half of the total number of units for the area bounded by Dodd, Delaware, Mendota Heights Road and I -494. Mr. James Riley, representing Mendota Heights Associates, suggested that perhaps it would be useful to Council if he could answer some of their questions at this time, noting that his applications for rezoning and preliminary PUD approval are the next agenda item. He stated that he believes his current development proposal meets the spirit of what has been discussed. He suggested that if Council looked at the topographies of his land and the property west of his, they would see that the westerly land is unbuildable, or unsuitable for high density, because of the swamps Page No. 2366 October 1, 1985 and steep slopes. Mr. Riley stated that he would build only the two westerly buildings in the first phase of development and would go along with whatever Council might require to be changed in the development in the future. He stated that he has made a commitment to construct only eight buildings and is confident that the structures will not be visible to any existing residential area in the City because of the terrain and land amenities. He informed Council that he also owns fifty acres of land immediately east of the proposed apartment project site and has no proposals for that property now. He stated that he is not proposing to jam units on the land but rather is talking about 8.0 units per acre. He indicated that he is building the units to condom.nium standards and plans on condominiumizing the buildings in ten years. Planner Carlson stated that the Glewwe and Butler properties are the most intensely affected by the airport noise and freeway and that it is possible in the future that someone may propose a high density use for those properties. Mr. Dale Glewwe informed Council that the airport noise is worse on his property than it is east of him and that he doesn't believe anybody would ever build expensive single family structures on his property. He also did not anticipate that anyone would ever propose to build apartments on the Butler property or the property west of it because of the terrain. He stated that his property would be impacted by the apartment development proposal more than other properties and that he does not believe that impact will be adverse. Mr. Riley informed the Council that he would construct the first two buildings and would work with the Council on the size, shape and layout of the balance of the buildings if Council believes it necessary. In response to a comment from the audience, Mr. Riley stated that the proposed comprehensive plan amendment was not designed to accommodate his proposal: the HR /MR line cuts through the center of his property. Councilmember Cummins stated that he has a deep concern about the size of the proposal and about the impact on the community of putting 600 apartment units and 1100 new people into the one project. He was concerned about the magnitude of the project and stated that he cannot support it. Mr. Riley stated that he owns 120 acres of land on the Vote on Amendment: Ayes: 5 Nays: 0 Vote on Original Motion: Ayes:4 Nays: 1 Cummins RECESS )CASE NO 85 -10, RILEY Page No. 2367 October 1, 1985 south side of Mendota Heights between Dodd and Delaware and plans on building from west to east. He informed the Council that if he had to use all 120 acres to get the 600 units he could: he needs approval of the 8 apartment buildings to get financing. He stated that if he cannot get the financing for the 592 units proposed he doesn't dare start even one of the buildings because of the costs of utility and road construction and site preparation. He stated that he will add whatever land Council requires to the project in order to come up with the 592 units. Councilmember Witt stated that she believes everyone is in agreement that Council does not want to see 960 units of apartments on the site: scaling the project down to 592 is more what she finds acceptable. Councilmember Hartmann moved to accept the Planning Commission recommendation for amendment to the Comprehensive Plan according to Concept 3 -1, including a change to commercial for the westerly tip of the HR area, on the condition that the development within the MR and HR districts be accomplished under the Planned Unit Development process by which the City Council has control over the density and building locations. Mayor Lockwood seconded the motion. Councilmember Cummins moved to amend the motion to delete the commercial district at the westerly tip of the HR zone. Councilmember Witt seconded the motion. Mayor Lockwood called a recess at 10:20 P.M. The meeting was reconvened at 10:40 P.M. Mayor Lockwood read for the audience the action taken by the Planning Commission on September 25th. Mayor Lockwood stated that he is in sympathy with the 592 unit proposal and that he believes that there are sufficient safety valves in building the project in stages. He stated that Mr. Riley has given Council a commitment to bring in different architectural renderings and that he agrees with the majority of the Planning Commission that the concept is acceptable. He felt that the rezoning should proceed and that a Page No. 2368 October 1, 1985 PUD agreement should be developed. City Attorney Hart stated that the agreement should clearly state the process under which Council would require any amendments to the PUD in the future. Councilmember Blesener stated that one of her concerns over high density zoning is Council control over the size and number of units. She indicated that she is not comfortable with the proposal as presented and that it does not meet her image of the community. She felt Council must decide what is best for the overall community and that she believes that small,, condominium types of buildings would be better than 600 units of apartments in 8 large buildings. Councilmember Cummins stated that he is uncomfortable with the proposal and that it doesn't strike him as being consistent with what Mendota Heights should look like. Mayor Lockwood stated that he would rather consider what makes good architectural sense given the topography of the land: Council will not even approve a building permit until it has seen the plans and approved them. Mr. Riley stated that the B -1 concept has been approved, that he is offering to live within the density requirement and that he is open to suggestions on layout and other suggestions. After discussion,, Mayor Lockwood moved to accept the Planning Commission recommendation, giving concept approval to the proposal, and to direct staff to prepare a proposed planned unit development agreement and a draft ordinance amendment or zoning change for rezoning the 69.7 acres conditioned upon the understanding of all that the project will be completed in phases over which Council will have as much control as possible, including size, appearance and exterior materials. Councilmember Witt seconded the motion. Ayes: 3 Nays: 2 Cummins Blesener MOTOR VEHICLE ORDINANCE Discussion on a proposed motor vehicle ordinance was tabled. PERSONNEL Councilmember Cummins moved that Tom Olund be given probationary appointment as Public Works Superintendent at a salary of 029,770, effective Ayes: 5 Nays: 0 MUTUAL AID Ayes: 5 Nays: 0 1985 LEVY /1986 BUDGET Ayes: 5 Nays: 0 DELINQUENT WEEDS Ayes: 5 Nays: 0 CDBG GRANT Ayes: 5 Nays: 0 Page No. 2369 October 1, 1985 October 12, 1985, and that staff be authorized to post and advertise openings for Utility Maintenance Worker and Maintenance Worker. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval of a Joint Powers Mutual Aid Agreement for use of police personnel equipment and authorization for execution of the agreement by the Mayor and City Clerk. Councilmember Witt seconded the motion. Councilmember Hartmann moved the adoption of Resolution No. 85 -76, "RESOLUTION APPROVING 1985 LEVY COLLECTIBLE IN 1986," and adoption of the 1986 Budget. Councilmember Cummins seconded the motion. Mayor Lockwood moved adoption of Resolution No. 85 -77, "RESOLUTION CERTIFYING WEED REMOVAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." Councilmember Witt seconded the motion. Councilmember Witt moved to contribute $2,500 of the City's 1986 Community Development Block Grant allocation to the B. Robert Lewis Shelter. Councilmember Hartmann seconded the motion. EQUIPMENT Mayor Lockwood moved to authorize negotiations for CERTIFICATES proposals to purchase an issue of $260,000 Equipment Certificates to be presented to the Council on November 5th. Councilmember Hartmann seconded the motion. )Ayea: 5 Nays: 0 WATERSHED DISTRICT Council acknowledged a memo from the City Administrator indicating that the City of Mendota does not wish to enter into the Lower Mississippi River Watershed Management Organization and therefore the original Joint Powers Agreement will require amendment. Councilmember Witt moved adoption of Resolution No. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 HEALTH RESOURCES Ayes: 5 Nays: 0 I- 35E/TH13 CLOSED SESSION Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Page No. 2370 October 1, 1985 85 -78, °'RESOLUTION APPROVING THE AMENDED JOINT POWERS AGREEMENT FOR A LOWER MISSISSIPPI WATERSHED ORGANIZATION." Councilmember Hartmann seconded the motion. Councilmember Hartmann moved adoption of Resolution No 85 -79, "RESOLUTION FOR SPECIAL LEGISLATION," to extend the time for establishment of the organization. Councilmember Witt seconded the motion. Attorney Tom Hart informed Council that Health Resources could not meet the publication deadline for the hearing on its preliminary application for industrial revenue financing scheduled for October 15th and recommended that the hearing be rescheduled for November 5th. Councilmember Hartmann moved adoption of Resolution No. 85 -80, "RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON," the hearing to be conducted on November 5th. Councilmember Witt seconded the motion. The Council acknowledged and discussed a memo from the Public Works Director regarding T.H. 13/I -35E traffic problems. Mayor Lockwood moved that the meeting be adjourned to a closed session for discussion of land acquisition negotiations. Councilmember Hartmann seconded the motion. There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned. Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:55 o'clock P.M. Robert G. Lockwood Mayor K thleen M. Swanson City Clerk