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1982-10-05 Council minutesPage No. 1720 October 5, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 5, 1982 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 the 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, Councilman Hartmann, Losleben, Mertensotto and Councilwoman Witt. APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilman Hartmann moved approval of the minutes of the August 3 meeting. Councilman Losleben seconded the motion. Councilman Losleben moved approval of the minutes of the September 7 meeting. Councilwoman Witt seconded the motion. Councilwoman Witt moved approval of the minutes of the September 21 meeting. Councilman Hartmann seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Losleben CONSENT CALENDAR Councilwoman Witt moved approval of the consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for exec- ution of all necessary documents contained therein. 1. Approval of the List of Claims dated October 5, 1982, and totalling $79,774.79. 2. Acknowledgement of Code Enforcement monthly report for September, the NDC4 minutes for September 15 and 29, and agendas for September 29 and October 6th, and acknowledgement of the September 28 Planning Commission meeting, the appointment of George Lowe to the Volunteer Fire Department. 3. Approval of the List of Licenses, granting lic- enses to: Bowler Company Robert Arendt Cons. Dennis Construction LandTech Corp. Western Remodelers Gas Piping License General Contractor Co. General Contractor General Contractor General Contractor Page No. 1721 October 5, 1982 Bowler Company Heating & Air Conditioning Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 EAGLE POINT The Council acknowledged receipt of a letter from Mr. CONDOMINIUMS Bruce Martin from Lanvesco Corporation, requesting approval of a footing and foundation permit for the Eagle Point Condominiums structure. The Council also acknowledged receipt of a memo from the Code Enforce- ment Officer relating to the Lanvesco request. The Council noted that while the letter related to foot- ing and foundation permits, the Code Enforcement Officer's memo related to the issuance of a total building permit, excluding the swimming pool, pool building fence, etc. There was some question over whether the request was really for the issuance of a footing/foundation permit or actually for a building permit. No one was present on bahalf of Lanvesco to discuss the issue. After a brief discussion, Councilman Losleben moved to approve the issuance of a footing/foundation permit for the proposed 27 unit Eagle Ridge condominium structure. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 DELAWARE The Council acknowledged receipt of a letter and pro- CROSSING posed resolution from Mr. Gary Evers on behalf of the Minnesota Federal Savings and Loan Corporation, request- ing Council adoption of a resolution to support a request to the County for abatement of property taxes for Outlots B and C in Delaware Crossing. City Attorney Winthrop advised the Council that the proposed resolution had been submitted for his review and that he had made some changes in the document proposed. He advised that the resolution would provide for City support of a request by the applicant for the abate- ment of taxes for Outlots B and C upon conveyance of the outlots to the City. Councilman Hartmann moved the adoption of Resolution No. 82-82, "RESOLUTION APPROVING ABATEMENT OF PROPERTY TAXES FOR OUTLOTS B AND C IN DELAWARE CROSSING". Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 HUNTING/ The Council acknowledged and discussed a memo from TRAPPING Police Chief Delmont supporting the installation of "No Hunting and Trapping" signs at the southern boundary Page No. 1722 October 5, 1982 of the City. It was the concensus of the Council to direct staff to see that signs are placed at Blue Gentian and Dodd Road, Huber Drive and Delaware, Blue Gentian and Delaware and at the end of Pagel Road. It was also the concensus that the Police Chief be authorized to determine whether there is a need for signing at the end of Huber Drive, and also to use his discretion if he determines that two such signs are necessary for proper site access at Dodd and Blue Gentian. MISCELLANEOUS The Council acknowledged receipt of a memo from the Code Enforcement Officer relative to the unauthorized installation of an accessory structure at 2078 Theresa Street. CASE #82-21 & Public Works Director Danielson reviewed for the Council CAO 82-03, an application from Mr. Mark Stanton for Mr. John STANTON McBride, for approval of a modified Critical Area site plan along with a variance to allow the construction of a 22' x 22' detached garage at 1330 Wachtler Avenue. It was noted that the variance is necessary if the applicant is to be allowed to construct the detached garage in front of the principal structure on the property. The Council noted the substantial existing front yard screening (trees and shrubs), and the pro- posed 88 foot setback from the front property line to the garage. Ayes: 5 Nays: 0 After discussion, Mayor Lockwood moved to waive the requirement for a public hearing on the critical area site plan review and at the same time to approve the modified site plan. Councilman Hartmann seconded the motion. Councilman Mertensotto moved to approve the granting of a variance to allow construction of a 22' x 22' garage in front of the existing principal structure at 1330 Wachtler Avenue in accordance with the site plan received by the City on September 14th. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 ( ) HEARING-CASE Mayor Lockwood opened the meeting for the purpose of a 82-13, COLON public hearing on an application from Mr. Vern Colon for a Conditional Use Permit for a Planned Unit Develop- ment of a parcel of land commonly known as the Clemen's Farm, located on TH 13, west of Miriam Street. The Council acknowledged receipt of several staff reports on the application, a petition in opposition to the planned unit development proposal, and letters of objection from the following: Page No. 1723 October 5, 1982 Evelyn E. Peterson, 558 Hiawatha Avenue, James R. Konen, 989 Downing Street, D.R. Heidenreich, 598 Sibley Highway„ John P. Tuohy, 1007 London Road, John P. Gannaway, 590 Winston Court, Clara B. Ruhnau, 591 Hiawatha Avenue, Nancy Kane, 586 Highway 13, and Donald O. Olson, 563 Hiawatha Avenue. Mr. Tim Murnane and Mr. Charles Bartholdi, represen- tatives of Federal Land Company, were present to represent the Company and present the latest layout for the proposed Mendota Townhomes. Mr. Murnane stated that the layout has changed from the original in various ways, advising that the number of units has been reduced from 16 to 14, the cul -de -sac has been enlarged, and twelve off -site parking stalls have been added. He stated that the changes were made in order to satisfy the concerns of the neighbors, the Planning Commission and the Council. Mr. Murnane stated that the developers believe this was the best method of developing the property and provides the best method for controlling the development of the land. Mayor Lockwood pointed out that the City Planners memo addresses the lack of plans for drainage, grading and landscaping. Mr. Murnane responded that the plans presented show the reduction of units but that the developers had asked at the Planning Commission meeting for a continuance to allow preparation of the other plans. He noted that the developer has address- ed topographic and drainage details in previous plans but they have not been incorporated into the current plan. Mayor Lockwood asked Mr. Murnane whether Federal Land plans to get together with the area property owners to try to resolve several differences which remain. Mr. Murnane stated that he would make no committment on what course of action the developer will take. Mayor Lockwood pointed out that although the parcel contains only 5.62 acres of land, it is the last portion of property left to be developed in the area. He noted that there is no real hardship, that the land could be developed as single family. He advised the audience that the Council approved the variance to allow con- sideration of a Planned Unit Development on the under- sized site only as a good faith gesture to make it possible for the developer to put a PUD application before a public hearing at the Planning Commission and City Council. Mayor Lockwood felt that the topography of the site may make this a difficult par- cel to develop, either as single family or townhouse development. He noted that the advantage of townhouse Page No. 1724 October 5, 1982 development is that the City Council and staff can determine all details on unit placement, height of the structures, appearance, landscaping and drainage controls. Planning Commission member Joe Stefani, present for the discussion, reviewed the Planning Commission hearing discussion and recommendation for the Council. Councilman Losleben stated that he believes the City retains good control over single family development as well as townhome development, that the City can control _ _ _ drainage under either type of development, and that he believes the topography of the site could make it very desireable for single family development. He pointed out that he voted against the variance because he could see no hard- ship involved: the developer knew the zoning of the site, the size of the site, and the fact that no additional contiguous vacant land was available at the time he purchased the property. Councilman Hartmann agreed, and pointed out that the site is no more difficult for single family development than the Valley View Oak plat and many others. Mayor Lockwood asked for questions and comments from the audience. Mr. Julian Bilski, 605 Winston Court, advised the Council that his property is adjacent to the subject site. He stated that at the Planning Commission meet- ing, the neighbors stated their position that they would like to see the property remain as single family. He noted that the developer can control the architectural design of a single family development as well as a townhome development, and that he does not believe Mendota Heights needs any additional multiple housing. He pointed out that one of the objectives of the Planning Commission and City Council in the entire process was to satisfy the neighbors and that that has not been done. He stated that the neighborhood would like to see the property remain single family, R-1 zoning. Mr. John Tuohy, 1007 London Road, stated that in the development in which he lives, the Ivy Falls East Addition, developed by Bream Homes, the developer controlled the structures in every detail, includ- ing where they were located, etc. He noted that the topography of his area is very similar to the proposed development site and that the Ivy Falls West Additions have much greater degrees of slopes than the Colon property, and .that the developer of Ivy Falls West imposed covenants upon the property Page No. 1725 October 5, 1982 relative to house values and many other details. He stated that he believes that Mr. Colon builds excellent single family structures and would do a good job of developing the land with single family structures, but that the neighbors do not want multiple family units. Mrs. John Tuohy, 1007 London Road, then added that the PUD proposal would give no flexibility, would be lacking in personality, and further that she believes the PUD concept would be a threat to the values of the surrounding properties. Mrs. Tuohy stated that all of the neighbors are concerned that their home values would be negatively impacted by a PUD development. Mr. Ed Abrahamson, 1006 Downing, stated that he was present at the Planning Commission hearing at which time he objected to the proposed storm water holding pond, believing that it creates a hazard. He also asked several questions about drainage from the site. Mr. Jerry Shaughnessy, 572 Miriam, stated that Mr. Colon did try to accommodate many of his concerns. He stated that he has always expressed a concern over property values and that he has had an appraiser come out to his home and has been told that single family structures on the site would increase the value but other types of housing would decrease it. He advised that many of the people in the area are concerned also over potential assessments. He informed the .Council that he has had serious drainage problems since last November when the site was graded, and that the devel- oper would do nothing to resolve the problems. He asked that something be done to resolve the problem. Mayor Lockwood asked whether there was anyone present to speak in favor of the project. He pointed out that the City had received several letters in favor of the PUD concept, noting that many of those respondents were not as close to the development as those people present. Councilman Mertensotto stated that the land has always been zoned for single family density, and about a year ago, a PUD application was denied because no hardship could be shown. He pointed out that the developer knew when he purchased the land that it did not meet the size requirement of the PUD ordinance. Subsequently, the developer came back and asked for a variance from the PUD ordinance, on his own agreement that he could put together a development that the neighbors could support. Councilman Mertensotto pointed out that the problem the Council faces is that it is a parcel that does not meet PUD requirements, and that contrary to the developer's assurances to the Council, he has more objections to the PUD concept now than he had before the variance was granted. He noted that the Page No. 1725 October 5, 1982 relative to house values and many other details. He stated that he believes that Mr. Colon builds excell- ent single family structures and would do a good job of developing the land with single family structures, but that the neighbors do not want multiple family units. Mrs. Tuohy said that the PUD proposal would give no flexibility, would be lacking in personality, and further that she believes the PUD concept would be a threat to the values of the surrounding properties. Mrs. Tuohy stated that all of the neighbors are concern- ed that their home values would be negatively impacted by a PUD development. Mr. Ed Abrahamson, 1006 Downing, stated that he was present at the Planning Commission hearing at which time he objected to the proposed storm water holding pond, believing that it creates a hazard. He also asked several questions about drainage from the site. Mr. Jerry Shaughnessy, 572 Miriam, stated that Mr. Colon did try to accommodate many of his concerns. He stated that he has always expressed a concern over property values and that he has had an appraiser come out to his home and has been told that single family structures on the site would increase the value but other types of housing would decrease it. He advised that many of the people in the area are concerned also over potential assessments. He informed the Council that he has had serious drainage problems since last November when the site was graded, and that the devel- oper would do nothing to resolve the problems. He asked that something be done to resolve the problem. Mayor Lockwood asked whether there was anyone present to speak in favor of the project. He pointed out that the City had received several letters in favor of the PUD concept, noting that many of those respondents were not as close to the development as those people present. Councilman Mertensotto stated that the land has always been zoned for single family density, and about a year ago, a PUD application was denied because no hardship could be shown. He pointed out that the developer knew when he purchased the land that it did not meet the size requirement of the PUD ordinance. Subse- quently, the developer came back and asked for a variance from the PUD ordinance, on his own agreement that he could put together a development that the neighbors could support. Councilman Mertensotto pointed out that the problem the Council faces is that it is a parcel that does not meet PUD requirements, and that contrary to the developer's assurances to the Council, he has more objections to the PUD concept now than he had before the variance was granted. He noted that the Ayes: 5 Nays: 0 EAGLE POINT Page No. 1726 October 5, 1982 development would have problems in meeting setbacks and other similar problems which single family develop- ment would very possibly not present, and that there are constraints in trying to put this type of develop- ment on such a small parcel. Mr. Bill VanFleet, 1012 Downing Street, suggested that it is silly to cram so many units into an in- adequate space. He asked how often the residents must come back to listen to a PUD concept. Mayor Lockwood asked Mr. Murnane whether the developers would like more time to prepare additional infor- mation, and asked whether they would like the dis- cussion continued to a subsequent meeting. Mr. Murnane advised Mayor Lockwood that a continuation is not necessary and that no additional information would be presented. There being no further questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed, but that the record remain open for ten days to allow written comments to the Council from anyone not able to attend or to submit comments at this even- ing's meeting, and to allow the Council to take the matter under advisement until the October 19th regular meeting. There was considerable discussion on the motion as stated. Councilman Losleben felt that sufficient information had been presented and that the hearing should be closed without condition. After discussion, Councilman Mertensotto withdrew the motion. Councilman Mertensotto moved that the h.Eilj_ng be closed at 9:00 o'clock P.M., that the Council take the matter under advisement, and that it be placed on the October 19th agenda. Councilwoman Witt seconded the motion. Mr. Bruce Martin, of Lanvesco Corporation, was present relative to his firm's request for a permit for con- struction of the first stage of Eagle Point. After being advised that the Council had approved a footing and foundation permit earlier in the evening, Mr. Martin requested that a complete permit be issued. He advised that the pool, pool building, sprinkler system install- ation and fence enclosing the pool area are being sep- arately bid and that separate permits will be requested for those items. Page No. 1727 October 5, 1982 Councilman Mertensotto moved to substitute "approve the granting of a building permit for the Eagle Ridge Condominiums structure but excluding the pool, pool building, fence enclosing the pool area, and sprinkler system", for the language in the original motion. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 ) ST THOMAS Mr. Jerry Brown and Mr. Pat Casey, representing St. ACADEMY Thomas Academy, were present to request permission to be allowed to complete the roofing and siding on a garage which is being built near the school's athletic field. Mr. Brown explained that, unaware that a permit is required, volunteers began building the structure, and were informed by the Code Enforcement Officer that both a permit and minor conditional use permit are necessary. He asked the Council to grant permission for the volunteers to complete closing of the structure while the conditional use process is taking place, so that the structure's materials are not damaged by the wet weather. Councilman Mertensotto noted that Henry Sibley High School had recently constructed a similar structure but went through the total conditional use permit process before construction. He suggested that perhaps per- mission to close the structure before the weather changes could be granted subject to the schools com- pliance with any conditions which may be imposed in the conditional use permit process. After discussion, Councilman Mertensotto moved to permit the school to proceed with the closing of the structure while processing a conditional use permit application with the applicant's understanding that they will have to comply with any conditions of the conditional use permit, if it is granted, and with all building code requirements. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged receipt of a LMC Action Alert ) regarding a change in budget guidelines. BONFIRE Ayes: 5 Nays: 0 In response to a request from Russell Wahl, Councilman Hartmann moved to authorize a $225.00 appropriation for the purchase of pop and hot dogs for the annual Halloween Bonfire. Mayor Lockwood seconded the motion. LEVY Page No. 1728 October 5, 1982 Administrator Johnson reviewed his memo and proposed resolution on the proposed 1982 Levy. He noted that adoption of the proposed $979,800 levy would result in a 9.5% City tax increase, or, as an example, an increase of $9.60 on a residence valued at $94,000. Councilman Mertensotto pointed out that the overall 20.8% tax increase for all agencies is too great and felt that there should be no increase over the current levy. After considerable discussion, Councilwoman Witt moved the adoption of Resolution No. 82-83, "RESOLUTION APPROV- ING 198.2 LEVY COLLECTIBLE IN 1983". Councilman Hartmann seconded the motion. Ayes: 4 Nays: 1, Mertensotto DAKOTA COUNTY The Council acknowledged a memo from the City Adminis- STATE BANK trator advising that the Dakota County State Bank will soon celebrate its tenth anniversary. He recommended that, in consideration of its community support over the years, a commendation to the bank would be approp- riate. Councilman Hartmann moved the adoption of Resolution No. 82-84, "RESOLUTIUON COMMENDING DAKOTA COUNTY STATE BANK ON ITS TENTH ANNIVERSARY". Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged receipt of a letter from the Metropolitan Council on housing and programs for the elderly along with a letter from the Blaine City Man- ager on a Housing Conference to be held on October 27th. 1-494 Administrator Johnson advised the Council that 1-494 will open on November 9th and asked for input on what role Mendota Heights should play in the opening act- ivities. TH 149 The Council acknowledged a handout memo on the TH 149/ 110 intersection. ) AIRPORT NOISE Administrator Johnson distributed copies of the Metropolitan Council's report on Land Use Compatabil- ity withAirport Noise and recommended that a meeting with Inver Grove Heights, Eagan and Sunfish Lake be held to discuss the report. MISCELLANEOUS The Council acknowledged a memo from Public Works Director Danielson regarding landscaping activities at 940 Wagon Wheel Trail. Page No, 1729 October 5, 1982 Mn/DOT Public Works Director Danielson reviewed his memo MAINTENANCE recommending that the City purchase storm sewer pipe, FACILITY to be installed by Mn/DOT, for construction of the City's storm sewer main to the new Mn/DOT maintenance facility. He advised that if the Council approves the purchase, the cost would later be included in Mn/DOT future storm water assessments. He recommended that the purchase of 472 feet of R.C.P. from Elk River Concrete be authorized. Mayor Lockwood moved that staff be authorized to purchase 472 feet of 18" R.C.P. from Elk River Concrete. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 ELECTION Councilwoman Witt moved approval of the list of Judges JUDGES of Election for the 1982 General and_City Election. " Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 MANUFACTURED The City Clerk reviewed a memo and proposed amendments HOUSING to the Zoning Ordinance relating to manufactured housing. She advised that copies have been distributed to the Planning Commission for discussion and public hearing. ADJOURN Ayes: 5 Nays: 0 There being no further business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 11:15 O'clock P.M. athleen LA athleen M. Swanson City Clerk ATTEST: Robert G. Lockwood. Mayor