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1985-08-20 Council minutesPage No. 2321 August 20, 1985 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 20, 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 CONSENT CALENDAR Councilmember Hartmann moved adoption of the agenda for the meeting including additional items contained in the add-on agenda. Councilmember Witt seconded the motion. Councilmember Cummins moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the Treasurer's report for July. b. Approval of the List of Claims dated August 20, 1985 and totalling 030,133.35. c. Approval of the list of contractor licenses, granting licenses to: Arcade Concrete D.J. Construction Premo's Plumbing & Heating Gallati Excavating Riccar Heating Sieve Heating & Air Con- ditioning Controlled Air Heating & Air Conditioning Benke Electrical Contracting Berens Construction Kleve Heating & Air Con- ditioning Riccar Heating Controlled Air Heating & Air Conditioning Central Air Cond. & Htg. Masonry License Masonry License Excavating License Excavating License Gas Piping License Gas Piping License Gas Piping License Gas Piping License General Contractor License Heating & Air Conditioning License Htg. & Air Cond. License Heating & Air Conditioning License Htg. & Air Cond. License Ayes: 5 Nays: 0 ABATEMENT Page No. 2322 August 20, 1985 d. Approval of the issuance of a temporary 3.2 on- sale malt beverage license to St. Peter's Church in conjunction with Father- _,Galtier Days, September 14th and 15th, along with waiver of the license fee. Councilmember Blesener seconded the motion. Assistant County Assessor Bill Peterson was present to request approval of an abatement for 1864 Summit Lane. Mayor Lockwood moved approval of an abatement for Mr,. & Mrs. James Sundberg, 1864 Summit Lane, reducing the market value for Parcel No. 27- 44950- 020 -01 from 144,700 to 133,300 for taxes payable in 1985. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 ALPHA ENVIRONMENTS Mayor Lockwood opened the meeting for the purpose of a INDUSTRIAL DEVELOPMENT public hearing on an application from Larry Lee (Alpha FINANCING Environments) for :6,400,000 in industrial development revenue bonds to finance land acquisition and construction of a 55,000 square foot educational and convention facility to be located at T.H. 110 and Lexington Avenue. Financial Advisor Shaughnessy informed the Council that the $6,400,000 issue would consist of the City's 1985 entitlement of :3,100,000 and that Mr. Lee is trying to arrange for the remainder of the financing from another community. Mr. Pat Pelstring, financial advisor for Mr. Lee, stated that he is confident that the $3,300,000 in additional funding will be available, either through the State pool or a joint powers agreement with another community. Mayor Lockwood asked for questions and comments from the audience. Ayes: 5 Nays: 0 There being no questions or comments, Councilmember Hartmann moved that the hearing be closed at 7:57 P.M. Councilmember Witt seconded the motion. Councilmember Witt moved adoption of Resolution No. 85 -57, "RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL; AND AUTHORIZING Ayes: 5 Nays: 0 EVERGREEN KNOLL ASSESSMENT HEARING Ayes: 5 Nays: 0 Ayes: 5 )Nays: 0 Ayes: 5 Nays: 0 CABLE TELEVISION Page No. 2323 August 20, 1985 PREPARATION OF NECESSARY DOCUMENTS." Councilmember Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on proposed assessments for the Evergreen Knoll Addition public improvements. The Council acknowledged receipt of a letter from J. Raymond Young, Leroy Hanson and Larry Shaughnessy, Jr. requesting assessment deferments. Mayor Lockwood asked for questions and comments from the audience. Mr. James Gryc stated that he is very concerned about the cost for construction of Wachtler, which he stated would be the main artery to serve the properties to the west of Wachtler. He indicated that he is pleased about the way the street assessments are structured. Public Works Director Danielson informed Council that the original draft of the roll included a $3,345 accounting error and that the final draft reduces each of the proposed assessments by a proportionate share of that amount. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed at 8:03 P.M. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 85 -58, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWERS, WATERMAINS, STORM SEWERS, AND STREET IMPROVEMENTS TO SERVE EVERGREEN KNOLL AND ADJACENT AREAS (IMPROVEMENT NO. 83, PROJECT NO. 4)," acknowledging that the roll includes an assessment of $3787.03 against City park property for watermain improvements. Councilmember Cummins seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 85 -59, "RESOLUTION DEFERRING PAYMENT OF A PORTION OF ASSESSMENTS (IMPROVEMENT NO. 83, PROJECT NO. 4)." Mayor Lockwood seconded the motion. Continental Cablevision representatives Katherine Lenaburg and Fran Zeuli gave a slide presentation and an update on system construction plans. Page No. 2324 August 20, 1985 HEARING - CASE NO. Mayor Lockwood opened the meeting for the purpose of a 85-10, MENDOTA HEIGHTS public hearing on an application from Mendota Heights ASSOCIATES Associates for rezoning, conditional use permit and variance. Mr. Tim grkkila, of Westwood Planning and Engineering, reviewed the applications for rezoning of the James Riley property located on the south side of Mendota Heights Road from R-1A to multiple dwelling and for conditional use permit for planned unit development. He stated that the developer proposes to construct an apartment project consisting of 592 units on the 69.7 acre parcel, a density of 8.5 units per acre. He also stated that the applicant requests approval of a variance from the parking requirement to allow 2.08 stalls per unit. Mr. Erkilla pointed out that the site falls entirely within airport noise zone 4, the guidelines for which discourage single family development, and the site is also affected by 1-494. He then reviewed preliminary planned unit development drawings showing proposed building locations, roadways and landscaping. He distributed and reviewed a report he prepared regarding social and economic impacts for the proposed Mendota Highlands development. Mr. Erkilla informed the Council that in the process of developing the preliminary plan, the developer has contacted as many immediate neighbors as possible to discuss the plan with them. The Council acknowledged letters from Dr. F.M. Owens, 2455 Delaware Avenue, and Mr. Dale Glewwe, 720 Mendota Heights Road, in support of the proposed development. Mayor Lockwood asked for questions and comments from the audience. Mr. Raymond Kane, 2579 Delaware, asked how many vehicles the development will generate. Mr. Riley responded that he anticipates 700 vehicles and also anticipates that the majority of the development's traffic would use Dodd Road rather than Delaware. Councilmember Witt cited the recreation portion of Mr. Erkkila's report, particularly the reference to the park portion of the Comprehensive Plan. She informed Mr. Erkkila that the Park Commission has recommended preparation of an update to the Comprehensive Park Plan and that the updated plan could be quite different from the existing one. Mr. William King, 2365 Delaware, asked when the final report will be completed. Page No. 2325 August 20, 1985 Mrs. Michael Kennedy, 2567 Delaware, stated that proposed building 6 would be directly behind her property. She commented that when they bought their property they did so because of the rural nature of the area and she observed that at two people per unit, there would be about 1,200 people living behind them. She asked what the advantage of multiple density would be over single family and stated that there are lots of beautiful homes built near freeways. Mrs. Kennedy stated that she has not been contacted by the developers since before the Planning Commission hearing and that at the time she was contacted she suggested that if the developer wanted to construct apartments perhaps he should buy their five acres also so that the total property could be so developed. Mr. Riley asked for Council approval of the applications, either Alternate A or B, or that the Planning Commission be given some direction in the matter. Councilmember Blesener stated that her primary concern is over the rental aspect. She felt that a 1000 - person rental community would be community unto itself with no feeling of the larger community or any City involvement: there would be no pride of ownership. She stated that the fact that the project will supposedly be very high quality does not change her concern, it will still be a transient population, and she cannot support 600 rental units on the subject property. Councilmember Cummins agreed, stating that Council has spent considerable time in the last several months on long range planning on what it would like the community to look like 20 years from now and that the proposal does not meet his standards on how the property should be developed. He felt that the proposed density is too great and the rental rates are too low, and indicated that he would be prepared to move to reject the application this evening. Mr. Riley stated that he does not see the development's population as being transient: he has been asked and given three -years leases for units in Lexington Heights. He also suggested that many of the development's residents will probably ultimately purchase homes in Mendota Heights. With reference to the rental rates, he responded that at $500 to $700 per month he is proposing some of the highest rental rates in the Twin City area. With regard to density, he stated that the proposal is about half as dense as normal apartment projects. He informed the Council Ayes: 3 Nays: 2 Lockwood, Witt COMPUTER STUDY Page No. 2326 August 20, 1985 that the topography of the land does not lend itself to single family development and that siting of a single family development adjacent to the freeway and directly across from 350 acres of commercially zoned property in Eagan would not be reasonable. Councilmember Blesener asked how the airport noise impacts neighboring properties. She stated that she has a great concern over noise impact and people buying lots to build on, then discovering there is an airport noise problem and coming before the Council in groups to complain about the noise. Mrs. King stated that the noise is not horrible although guests occasionally object to it. Mr. Kane stated that his family does suffer from the noise, both outside and inside the home, and that he did not feel people would be willing to spend $300,000 for a home in the area, both because of the airport noise and the freeway noise which he suggested will be very bad. Mr. Dale Glewwe stated that his family experiences significant noise problems. He stated that the City has paid a great deal for the planning study and from what he has seen of the draft it looks favorable towards multiple dwelling development. He asked whether, if the proposal is denied as suggested by Councilmember Cummins, Council will then spend more money to study other potential uses. He asked whether Council is committed to coming up with a solution for the land use question and for the land owners, and stated that the land owners need a solution. Councilmember Cummins asked what agreement has been reached with the Owens and King families. Mr. Riley responded that he has reviewed his proposal with them and that they agree with the proposal. He also stated that he would ultimately like to develop the entire area, including the Owens and King propprties. There being no further questions or comments, Council- member Cummins moved to close the hearing at 10:15 P.M. Councilmember Hartmann seconded the motion. Mr. Dave McCauley, of DSM Information Services, was present to review the Information Systems Plan Needs Assessment he prepared for the City. He briefly reviewed the important factors in the study: environ- ment, financial constraints, the future of LOGIS and VIDEO UPDATE Page No. 2327 August 20, 1985 its long -range plans, changes in kinds of City services, structure of information, and report conclusions. In response to Mr. McCauley's presentation, Mayor Lockwood stated that Mr. McCauley has given Council reasons why it would be best to buy a system and leave the LOGIS system: better costs plus data access and more control. Councilmember Witt stated that the City is at the point where it should either expand its LOGIS uses or invest in an in -house system and felt that it would be better to invest in an in -house system. Mr. McCauley informed the Council that he and staff are developing an implementation plan which will be a companion to the needs assessment. Councilmember Blesener moved approval of a sign permit to Video Update for installation of a 54 square foot illuminated sign at the Mendota Plaza. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 CHERRY HILLS DRAINAGE Council acknowledged and discussed a report from the Public Works Director presenting two alternatives for solution of the Cherry Hills drainage problem: providing a temporary solution by installing a small berm on the Wachtler property near vacant lot 5 to force the water across Lot 5 and delaying a permanant solution until results of the park study and bond referendum are known; or, proceed with a public improvement storm water project assessing costs to the area in the Cherry Hills 1st Addition that contrt.butes runoff. In response to a question from Councilmember Cummins, Public Works Director Danielson stated that he has not yet talked to the Wachtlers but that if a free easement is granted, the temporary berm could be constructed by the Public Works crew and the cost could be financed as a general operating expense in the public works budget. Mr. Adolphus Gaddy,1387 Farmdale Road, stated that the problem has been discussed for a year and that a berm and park property stopping water is what is being discussed. He asked why the Council does not consider blocking the culvert on Wachtler as was discussed in past meetings. Responding to a question from Council- member Blesener, Mr. Danielson stated that such an alternative would work - the water would be forced Ayes: 5 Nays: 0 MISCELLANEOUS Page No. 2328 August 20, 1985 down the east side of Wachtler. His preference, however, would be to handle the water as is currently recommended: financing the alternative suggested by Mr. Gaddy is a problem. Mr. Jerry Morson, 1442 Wachtler, stated that he has been watching the water flow in the area for 20 years nor has he seen the scheme which suggests that a berm is necessary to keep the water from flowing west. He felt that it would take very little ditching through Lot 5 to drain the water the way it should drain and that when Lot 5 was filled the water was dammed from flowing in its natural direction. Mr. Gaddy stated that the Cherry Hills 2nd Addition property owners have paid for storm sewer to catch the water and the question should be what has the 1st Addition done to catch their water. Mayor Lockwood stated that the same question could be asked of West St. Paul, a question which could not be answered in 20 years. He pointed out that water flows downhill and has been flowing in the same direction into the Cherry Hills 2nd Addition for 50 years. He stated that the City cannot impede the natural flow of water and must find a way to direct the water back where it had been flowing naturally. He stated that where the City had to rip -rap the whole Ivy Falls Creek to control the West St. Paul water, he believes the City should find a way to correct this problem on Lot 5 and carry the water to Cherry Hill Road and Farmdale Road. He suggested that Council should authorize the berm being done if the Wachtlers give permission, that progress reports on the effectiveness of the berm be made to Council, and that a long -term solution be delayed until the park study and referendum results are available. Councilmember Witt moved to authorize installation of a berm on the Wachtler property and a ditch on Lot 5 as a temporary solution, that construction be done by City forces and that the costs be identified. Councilmember Blesener seconded the motion. Council acknowledged and discussed a memo from the Public Works Director regarding an obstructed sewer pipe at 6 71 Apache Lane. Mr. Danielson informed the Council that a plumber retained by the property owners could not find the obstruction and that the City public works staff opened the City portion of the line and discovered two four -inch rocks lodged in the line. He recommended that the property owners be reimbursed Ayes: 5 Nays: 0 MENDOTA HEIGHTS ROAD WATERMAIN EXTENSIONS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ANDERSEN /CURLEY ASSESSMENTS Ayes: 5 Nays: 0 HUNTER LANE ADDITION ASSESSMENTS Ayes: 5 Nays: 0 BUDGET PARK PLAN Page No. 2329 August 20, 1985 for costs they incurred in trying to locate and resolve the problem. Councilmember Cummins moved to authorize staff to reimburse Mr. Larry Willroth $1,740 expended to unplug the sewer line at 671 Apache Lane. Councilmember Hartmann seconded the motion. Councilmember Cummins moved adoption of Resolution No. 85 -60, "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL FOR WATERMAIN TRUNK LINE, MENDOTA HEIGHTS ROAD EAST OF TRUNK HIGHWAY 149 (IMPROVEMENT NO. 83, PROJECT NO. 7B)." Councilmember Hartmann seconded the motion. Councilmember Cummins moved adoption of Resolution No. 85 -61, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR WATERMAIN TRUNK LINE, MENDOTA HEIGHTS ROAD EAST OF TRUNK HIGHWAY 149 (IMPROVEMENT NO. 83, PROJECT NO. 7B)," the hearing to be conducted on September 17, 1985. Councilmember Hartmann seconded the motion. Mayor Lockwood moved adoption of Resolution No. 85 -62, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWERS AND WATER SERVICES TO SERVE ANDERSEN / CURLEY PROPERTIES (IMPROVEMENT NO. 85, PROJECT NO. 1)." Councilmember Witt seconded the motion. Mayor Lockwood moved adoption of Resolution No. 85 -63, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWERS AND WATER SERVICES TO SERVE TUMINELLY'S HUNTER LAN. ADDITION (IMPROVEMENT NO. 83, PROJECT NO. 1)," subject to receipt of a waiver of hearing from the owners of Lot 3, Block 1. Councilmember Hartmann seconded the motion. The Council acknowledged a memo from the City Administrator regarding preparation and distribution of the proposed 1986 budget. The Council acknowledged memos from the Public Works Director regarding retention of a consultant for Ayes: 5 Nays: 0 BIKE TRAIL ADJOURN Page No. 2330 August 20, 1985 preparation of a Master Park Plan update. .Mr. Barry Warner, from Barton-Aschman Associates, and Park Commission member Bob Doffing were present for the discussion. Mayor Lockwood asked Mr. Doffing why the Barton- Aschman firm was being recommended when their quotation for plan preparation is so much greater than that of Damon Farber. Mr. Doffing responded that there was no detail from Damon Farber on what the plan would include and no information on the firm's capabilities. He stated that the Barton-Aschman proposal gives great detail and recommended that the City contract with the firm for Phase I of the plan for a maximum cost of $19,450. He stated that he is confident that the actual cost will be much less than that figure when the Commission meets with the firm to determine needs. Councilmember Hartmann moved to direct staff to negotiate a contract with Barton-Aschman Associates, Inc. for preparation of Phase I of the Master Park Plan for a cost not to exceed $19,450. Councilmember Witt seconded the motion. Councilmember Blesener asked Mr. Doffing about safety along the Lexington Avenue bike trail at Marie Avenue. Mr. Doffing stated that he is more concerned about how close the trail is to the road than he is about pond- side safety. He stated that the Park Commission and staff will study the matter. There being no further business to come before the Council, Councilmember Hartmann moved to adjourn the meeting to a closed session to discuss potential acquisition of the Wachtler and Kirchner properties. Councilmember Blesener seconded the motion. TIME OF ADJOURNMENT: 11:54 P.M. 7Y7 d_J K thleen M. Swanson City Clerk ATTEST: ete4,1,-,3L Robert G. Lockwood Mayor