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1981-12-01 Council minutesPage No. 1575 December 1, 1981 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 1, 1981 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, Council Members Hartmann, Losleben, Mertensotto and Witt. CONSENT Councilman Hartmann moved approval of the following consent CALENDAR calendar items, submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein: 1. The granting of licenses to the following: Concrete Design Specialties Bakken Construction Co. Custom Construction Co. Concrete License General Contractor Lic. General Contractor Lic, 2. Acknowledgement of the Public Works Director's monthly reports for November and October and the Police Department monthly report for October. 3. Acknowledgement of a memo from the Association of Metropolitan Municipalities regarding the general membership meeting. 4. Acknowledgement of the minutes of the November 24th Planning Commission meeting. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 HEARING - CASE NO. Mayor Lockwood opened the meeting for the purpose of a 81-34, MAC AREA public hearing on the proposed rezoning from R-1 to REZONING Industrial of property north of the MAC area and generally described as being one block north of Victory Avenue, south of the Acacia Park Cemetery, east of Pilot Knob Road and west of T.H. 55. He then turned the meeting over to staff for review and history. Administrator Johnson stated that the proposed rezoning had been considered and recommended for approval by the Planning Commission at its October meeting. The matter was then referred to the Metropolitan Council for review, since the rezoning would constitute an amendment to the City's Comprehensive Plan. He then read portions of the Metropolitan Page No. 1576 December 1, 1981 Council's subsequent response which stated that the Metro. Council's determination was that the rezoning would present no inconsistencies with the metropolitan development plan and may therefore be approved by the City. Mr. Johnson advised that staff has met with the private property owners in the area on several occasions. Public Works Director Danielson stated that the recent rezoning to industrial of the MAC area prompted the owners of the subject 9.4 acres to petition for the rezoning of their properties. Mrs. Mary Hartz, 2200 Pilot Knob Road, a petitioner for the rezoning, stated that she is only interested in the rezoning if the City intends to acquire her property, since she does not want to live in an industrial area. Mrs. Jean Franson, 2170 Pilot Knob Road, stated that the property owners understood that sewer and water would be extended to the MAC site through the Tax Increment Financing Plan and that since the private property owners who petitioned the rezoning are not in a financial position to support the utility extension to serve their properties, the City would acquire their properties through the T.I.F. Public Works Director Danielson reviewed the discussions which occurred during the several neighborhood meetings. He noted that the properties being considered for rezoning are within the T.I.F. District and that the City would therefore have the capability to acquire the properties. He pointed out that the City could work with a developer to assemble the properties but that it would be in the best interest of all parties for private industry to work on their own with the property owners. Mrs. Franson stated that if the property is rezoned it will not only be more valuable for future sale, it will also be subject to an increased real estate tax burden. She stated that she did not think the Council would let the property owners do anything to develop their property because there is no sewer and water to serve the area. Administrator Johnson pointed out that sewer and water should be extended to the MAC area within the next two years and that the utilities would then be within a block of the area proposed to be rezoned this evening. He noted that the utility extension should produce ( ) incentive for private development. After additional discussion, Mrs. Franson and Mrs. Hartz agreed that the property should be rezoned as petitioned. There being no further questions or comments, Councilman Losleben moved that the hearing be closed at 8:25 o'clock P.M. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 LILYDALE HI RISE Page No. 1577 December 1, 1981 Councilman Losleben moved the adoption of Ordinance No.196 "AN ORDINANCE AMENDING ORDINANCE NO. 401", rezoning from R-1 to I the properties contained in the public hearing notice. Councilman Hartmann seconded the motion. Mr. Tony Danna, of Gopher Properties, was present relative to a request for approval to connect a proposed hi-rise condominium structure, to be located on Victoria Avenue and TH 13 in Lilydale, to the Mendota Heights utility systems. The Council also acknowledged a letter from Mr. Danna relative to the request. In his letter, Mr. Danna had stated two possible options: retaining the 10 story concept and accepting a $60,000 hook-up charge; or reducing the structure height to 8 stories and accepting the originally proposed $30,000 hook-up charge. Mayor Lockwood gave a history of the request and past City Council discussions. He noted that the Council has always talked in terms of reducing the scope of the project and expressed disappointment that the height reduction, proposal does not reduce the density. He felt that if the developers were willing to compromise to the extent that it would be at a comparable density to Overlook, Mendota Heights could accept the proposal. He stated that he would suggest denial of the request based on the 10 story concept, but that if Mr. Danna proposes to build a 7 or 8 story structure and still retain 30 units, he would suggest the $90,000 charge be shifted to the unit number. Mrs. Stockton, 969 Caren Road, stated that she felt the neighbors in Mendota Heights would go along with the proposal if the developers would reduce the height to 7 or 8 stories but not if the building is wider than has been proposed for the 10 story structure. Mr. Danna responded that the structure would not be wider; the units would be doubled up on the first three stories. He stated to the Council that in the times he has appeared at meetings, he had heard about height and traffic, but not about density. He further stated that if he eliminates the units in the two stories, it would destroy the project since there must be 30 units based on his expert's projections. Mr. Gerald Frisch, 960 Caren Road, noted that he had expressed several options during previous Council discussions, including scaling the project from 10 to7 stories and thus substantially eliminating the traffic problems: all objections related to using the site for a higher density than was acceptable. He thought that by reducing the structure to 7 stories, the density would be reduced by the units in those 3 stories. Page No. 1578 December 1, 1981 Mayor Lockwood apologized for the misunderstanding but pointed out that the City Council believed it had clearly stated its position and pointed out that the concern over traffic clearly related to density. Councilman Mertensotto explained that at the October 20th meeting, Mr. Baumeister was advised that Mendota Heights was being asked to com- promise its zoning density and the was asked to compromise to 7 stories with reduced density. Mr. Danna stated that the second alternative proposed reduces the structure to 8 stories and doubles up on the -) lower stories to pick up the density from the two stories lost. He advised that it would not change the basic structure and would not make it wider. He asked the Council to act on the matter and stated that if denied, he will find a different way to provide utilities. He advised that development and land costs require him to go with 30 units and he would not go into a project that is not feasible. Mr. Danna stated that he would be willing to pay a $90,000 hook-up charge for the 10 story structure and would put it as far down the hill as possible to reduce the height impact. He stated that he would not agree to the height reduction and the full $90,000 fee. He stated that plan revision will be costly and that he would agree to some kind of premium in excess of $30,000, but that if he must pay the same hook-up charge for either 8 or 10 stories, he will construct a 10 story structure. Mr. Frisch stated that the neighbors contest the density but feel that if an agreement over the lower height and other conditions including compensation to the City for hook-up and useage charges can be reached, they would reluctantly compromise and accept the project. Administrator Johnson pointed out that along with the hook- up charge, which would be used to help support the utility funds, each unit will be required to pay quarterly charges for use of the sewer system. He also noted that while the City's water availability charge has been calculated into the hook-up charge, collection of the State-imposed Sewer Availability Charge is the responsibility of Lilydale. After considerable discussion, it was determined that the Council would give concept approval to the utility conn- ections if Mr. Danna would agree to the following conditions by entering into a written contractual agreement with the City: 1. That the structure to be constructed on said site, known as "Victoria Place", consist. of a maximum of eight stories above grade; 2. That the project be based on a plan for "Victoria Place" dated November 9, 1978, received by the City of Page No. 1579 December 1, 1981 Mendota Heights on August 29, 1979, and described as "Site Plan". 3. That said 10 story structure as indicated in the above- described site plan be reduced by two stories, for a minimum reduction of 18 feet in height.. 4. That the structure be constructed at the lowest elevation on the site. 5. That there be no significant deviation from the subject site plan other than the height deviation imposed herein. 6. That the developer'provide a buffer of shrubs and land- scaping greenery on the uphill side of the structure to reduce the visual impact to Mendota Heights residents. 7. That the applicant submit the final set of plans to the Mendota Heights City Council prior to the City's issuance of permits for connection to the sanitary sewer and water systems. 8. That the applicant shall submit to the City a sum of $75,000 as a utility connection charge prior to issuance of the connection permits. Councilman Mertensotto moved the adoption of Resolution No. 81 - 88 , "RESOLUTION. GRANTING CONDITIONAL SEWER AND WATER CONNECTION TO LILYDALE/VICTORIA APARTMENT PROJECT," placing on record the City's intent to approve the utility connection application provided the applicant enters into a contractual agreement which stipulates conditions stipulated in the foregoing discussion. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Lockwood called a recess at 9:33 P.M. The meeting was reconvened at 9:42 P.M. APPROVAL OF MINUTES Ayes: 4 Nays: 0 Abstain: 1, Lockwood Ayes: 5 Nays: 0 Councilman Losleben moved approval of the minutes of the October 20th meeting as corrected. Councilman Hartmann seconded the motion. Councilman Losleben moved approval of the minutes of the November 3rd meeting as corrected. Councilwoman Witt seconded the motion. MISCELLANEOUS Ayes: 5 Nays: 0 CAPITAL IMPROVEMENTS PROGRAM Ayes: 5 Nays: 0 Page No. 1580 December 1, 1981 Attorney Winthrop briefly reviewed a proposed agreement between the. City and Bettenburg, Townsend, Stolte, and Comb, relative to the transfer of engineering records to the City. On the recommendation of the City Attorney, Councilman Losleben moved to authorize the Mayor and appropriate City officials to execute the records transfer agreement. Councilman Hartmann seconded the motion. Administrator Johnson and Financial Advisor Shaughnessy reviewed the proposed 5-Year Capital Improvements Program for the Council and Park Commission Chairman Bayless and Planning Commission member Frank. The review included discussion on equipment certificate financing along with suggested capital improvements in the utility and transpor- tation,systems, parks and City facilities. As part of the discussion, the Council directed the Park and Recreation Commission to prepare an update to the 1972 Trails Plan. After discussion, .Councilman Mertensotto moved to approve the Capital Improvements Program as submitted. Councilman Hartmann seconded the motion. MISCELLANEOUS Several members of the Council suggested that the staff study and report on liquor and street lighting concerns. Councilman Losleben reported on Cable TV Commission activities. AUDIT RESPONSE Treasurer Shaughnessy distributed and reviewed a staff report responding to the 1980 Audit. CIGARETTE LICENSE Ayes: 5 Nays: 0 Councilwoman Witt moved that a cigarette license be granted to Lyons Pride Convenience Stores, Inc. Councilman Losleben seconded the motion. TAX FORFEIT City Clerk Swanson advised the Council that the City has PROPERTY received.a request from the County Auditor for approval of a non-conservation classification for a tax forfeit proper* located west of Dodd Road and north of TH 110, Parcel No. 27-73100-231-03. She recommended that the Council request the forms necessary for transfer of the property to the City for utility easement, purposes. Councilwoman Witt moved that Parcel No. 27-73100-231-03 be classified as conservation land and that the County Auditor be requested to provide the forms necessary for transfer of the property to City ownership. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 MISCELLANEOUS ADJOURN Ayes: 5 Nays: 0 Page No. 1581 December 1, 1981 Mayor Lockwood moved approval of the List of Claims dated December 1, 1981 and totalling $72,712.76. Councilwoman Witt seconded the motion. The Council commended Public Works Maintenance Man Len Kanitz for his efforts in the remodeling of the engineering offices. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilwoman Witt seconded the motion. TIME OF ADJOURNMENT: 11:44 o'clock P.M. thleen M. Swanson ity Clerk ATTEST: Robert G. Lockwood Mayor