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1980-11-18 Council minutes-y- Page 1377 November 18, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 18, 1980 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 7:40 o'clock P.M. The following members were present: Mayor Lockwood, Councilman Hartmann, Councilman Losleben, Councilwoman Witt and Councilman Mertensotto. HEARING, IVY FALLS ADDITION, STREET & STORM SEWER IMPROVEMENTS Mayor Lockwood opened the meeting for a continuation of a public hearing for street and storm sewer improvements in the Ivy Falls Addition. The hearing had been continued from June 3, 1980. Mayor Lockwood advised that interested residents had met earlier in the evening with the City Administrator, Public Works Director and City Engineer to discuss some of their concerns. City Administrator Johnson reviewed the proposed street and storm sewer construction and noted that surface water disposal would be on TH 13 and also in several places in Ivy Falls creek. The proposed assessment rate is 20.9 per square foot for storm, sewers and $29.57 per assessible front foot for street construction. Mr. Johnson advised that the issue came up more than two years ago when City maintenance crews noticed that an excessive amount of time was being expended in maintaining the streets in the Ivy Falls area. Mayor Lockwood opened the meeting for questions and comments from the audience. Mr. Charles Bans, 1100 Sylvandale Road, expressed concern over a "double-punch" situation, wondering whether he would be assessed for future phases II, and III of Ivy Falls Creek improvements in . addition to the proposed street and storm sewer assessment for Ivy Falls Addition. Mrs. Richard Foreman, 688 Woodridge Drive, stated that she has lived in the area for 18 years and could not recall a maintenance vehicle in front of her home, and asked for a maintenance breakdown of time spent in this area. Mr. John Lommen, 684 Maple Park Drive, stated that the project is unpopular with many of the residents who feel that it would not add increase property values. He felt the City could not ignore the problem, that it won't go away by itself. He stated that the streets are out of date and probably cannot be temporarily improved indefinitely, and that building new streets and not handling the surface water is like hiding one's head in the sand. He stated that he is in favor of the proposed Page 1378 November 18, 1980 project and urged the Council to proceed. Mr. Leon Goodrich, 1157 Cascade Lane, noted that the drainage problem only affects a small number of parcels, and that not all properties would be benefitted equally by this improvement. Mr. Robert Leffert, 669 Maple Park Drive, noted that the proposed assessment would cost about $1,000 a year over a 19 year period, including interest; and objected to the project purely on an economic basis. Mr. Amos Martin, 700 Woodridge Drive, shared his concerns with the people having surface water problems. He noted that he still has some of the same concerns over drainage as he had last spring and is concerned about possible future assessments. He questioned the value of $10,000 worth of street in front of his house. Mayor Lockwood asked the residents how many of them liked the streets the way they presently exist. He stated that he would be agreeable to some sort of a compromise. Mr. Shelvin Kieffer, 679 Maple Park Drive, felt that Mayor Lockwood should ask how many residents want to keep what they have now and how many residents want an improvement. Amos Martin, 700 Woodridge Drive, noted a maximum improvement cost of $232,000 and a minimum cost of $162,000. Mr. Charles Bans, 1100 Sylvandale Road, stated that he would like to hear some of the problems the residents are experiencing. Mrs. Edythe Abrahamson, 714 Maple Park Court, stated that her driveway is usually under water, along with a portion of her sidewalk, and that some of the water enters her home. Mr. Howard Stacker, 694 Maple Park Drive, noted that there are definitely problems but that although he is not in favor of the project as proposed, he does feel there is a need for relief. Mr. Shelvin Kieffer, 679 Maple Park Drive, suggested a special assessment for street maintenance in the Ivy Fall area only. Mayor Lockwood then conducted an informal poll asking how many residents were in favor of the proposed project. Mr. and Mrs. Lommen were the only persons to respond in favor. Page 1379 November 18, 1980 Approximately 18 residents opposed the project, and indicated that a less expensive project to solve the poor drainage and streets would appeal to them. They suggested that the Council keep trying to come up with an acceptable solution. Councilman Mertensotto suggested closing the hearing and starting over next yea-r-----with a less expensive and expansive project and that the residents should come back in January to hear a new proposal. There beingno further questions or comments from the audience, Councilman Losleben moved to close the hearing at 840 o'clock P.M. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 HEARING, FEDERAL Mayor Lockwood called the meeting to order for the purpose of LAND COMPANY, a continued public hearing on an application from Federal Land SKETCH PLAN APPROVALCompany, for sketch plan approval for a 15 unit townhouse development on 5.6 acres of land on TH 13, otherwise known as the Clemens farm at 630 Sibley Memorial Highway. Mr. James Miley was present to represent Federal Land Company and Mr. Vern Colon. He noted that if approved, the development would be a real benefit to the community. He explained that each unit of the development would contain 16,000 square feet of property, more than the required 15,000 square feet required by code. He also noted that the citizens will not have to bear the cost of streets and street maintenance. This project will create a higher tax base and will create open space and be a visual amenity in this area. Mr. Colon, developer of the property, noted that he is an abutting property owner and is one of the closest owners. Mr. Colon explained that the units would sell in the $175,000 to $200,000 price range. Mr. Colon noted that he made contact with every property owner listed in the abstractor's certificate and made private contact with every owner abutting the project site. He presented a colored sketch depicting those residents in favor of the project, those who had no comments about it and those opposed to the project. He noted that if the project is developed, an area would be dedicated to the city to connect Miriam to Hiawatha. Mr. Colon noted that there would be one point of ingress and one point of egress from TH 13. Mr. Colon said the issue of a fence was raised and the fence portion was eliminated except along TH 13. He noted that a landscape issue was raised and that no grading changes were proposed, and there would be no fill added at all. He noted that there would be 11 single story units and 4 two story units and that the project will pond all of its water. There will be 37,500 square feet of ground area for the homes. The water will drain southwesterly to a ditch along TH 13. Mr. Colon noted Page 1380 November 18, 1980 that the nearest unit to Jerry Shaughnessy's home would be about 65 feet away, and that the Flanagan home is 16 feet to 17 feet above the area of the project. The ground coverage is 1.5 acres, leaving approximately 4 acres for open land. Mr. Erickson, architect for the project, stated that there would be 16 outdoor parking spaces in addition to two car garages, plus room for 2 vehicles in each driveway. He noted that the distance from Mrs. Runhau's residence to the nearest unit is approximately 120 feet. The hard surface coverage, including rooftops, tennis courts, parking areas and streets amounts to 66,508 square feet. Mr. Miley then read a letter dated November 12, from Mr. John Slater, in favor of the development. He also distributed a letter dated October 30, 1980, from Tom Metzen, of Metzen Realty indicating a positive value increase for existing homes in the area if the development is approved. Mr. Gelano, from Bermel Smaby Realty, also agreed with Mr. Metzen's letter. He stated that he had contacted William Strub, Muske/Tansey, and Robert Johnson & Associates, and they all agreed that the valuation would increase. Mr. Joseph Majewski, a realtor from Edina, was present and he concurred with the opinion of the increased valuation and stated that he could see no detriments to this development on existing homes. Mr. Miley then asked those in favor of the project to step forward and Mr. and Mrs. Herbert Trader noted that they were in favor of the proposed development. Mr. Robert Clemens, 1130 Sylvandale, noted that it looks like a good place to move into. Mr. Jim Weber, 606 Sibley Highway, also stated that it looked good to him. Mr. W. P. Shaughnessy, 562 Winston Ct. felt that the site should be developed as single family, since the surrounding property is single family development. It was noted that single family development might even help to keep Somerset Elementary School from closing. Mr. Robert Altman, 1000 Winston Circle, said he felt the colored chart shown earlier in the meeting was deceiving. He felt that a majority of the residents prefer single family development. He noted that he has children and would like to see more families with children move into the neighborhood. He expressed concern over his two year old child wandering into the unfenced holding pond on the project site. Page 1381 November 18, 1980 Mr. W. P. Shaughnessy spoke further, saying that he thought the City was opposed to any more cul-de-sacs as far as the Police and Fire Departments were concerned. Mr. Altman questioned why this plan had not gone back to the Planning Commission for their recommendation. Mr. Colon presented a signed petition of residents in favor of the proposed project. Mr. James Flanagan, 995 Winston Circle, stated that he lives directly behind the property. He felt that since the whole area is developed as single family, Mr. Colon could develop the site for single family structures. Mr. Julian Bilski, 605 Winston Court, also addressed single family homes, feeling that the project could be done very well in single family structures. He felt that there would be a negative impact with townhouses next to single family homes. Mr. Jerry Shaughnessy, 572 Miriam, spoke, noting that he had a petition with 31 names opposed to the project. He said he can't support the concept of this development. Mrs. Virginia Colon, 994 Winston Circle, said she felt it would be better to look at 7 units rather than at 12 units. Mrs. Mary Trader, 990 Downing Street, spoke addressing the matter of children. She felt there would be no danger of children wandering into the pond. Mrs. Cotton, 635 Sibley Memorial Highway, wondered about the pool utility building and where it would be located. Mr. John Tuohy, 1007 London Road, felt there should be protective covenants. placed on single family dwellings if they were built on this site. Mr. Robert Altman, 1000 Winston Circle, stated that Mr. Bill Gydesen is in support of Mr. Bilski's position. Mayor Lockwood then noted to the audience that the Council would take all comments under advisement and that anyone wishing to make written comments should submit them to the City Clerk befbre 4:30 P.M. en Wednesday, November 26. There being no further questions or comments, Councilman Mertensotto moved that the hearing be closed. Councilman Hartmann seconded the motion. EAGLE RIDGE, PLAT #6, FINAL PLAT APPROVAL Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page 1382 November 18, 1980 Architect Ron Erickson and Mr. Stan Taube, from Lanvesco, were present to request final plat approval for Eagle Ridge, Plat No. 6. The Council reviewed a memo from Public Works Director Danielson, indicating an encroachment along the South boundary of the site. After some discussion over which drawing was the most current, it was determined that the property contains as much land as the developers originally indicated. Administrator Johnson expressed concern over the encroachment, and the developer said he would resolve the problem. After considerable discussion, Councilman Mertensotto moved adopting Resolution No. 80-99, "RESOLUTION APPROVING FINAL PLAT FOR EAGLE RIDGE PLAT NO. 6". Councilman Losleben seconded the motion. Councilman Losleben moved approval of an amended PUD plan for Eagle Ridge, Plat No. 6, as shown on the plans reviewed on November 18th, subject to review and approval of final landscape plans by City Planner Dahlgren and Public Works Director Danielson. Councilwoman Witt seconded the motion. It had been noted that the foundation plans had been reviewed by Code Enforcement Officer Paul Berg and met his approval. Councilman Mertensotto moved approval of a foundation permit for the 60 unit PUD subject to receipt of the executed Developer's Agreement, and acquisition of the necessary building permit and submission of permit and appropriate SAC and WAC fee. Mayor Lockwood seconded the motion. RECESS Mayor Lockwood called for a recess at 11:00 o'clock P.M. The Council reconvened at 11:07 o'clock P.M. LEXINGTON HIGHLAND Mr. Charles Dahlgren was present to explain a proposed Resolution PLAT CORRECTIONS to correct Lexington Highland East and Lexington Highland West plat dimensions. City Attorney Winthrop questioned the authority of the City Council to approve such plat corrections. He suggested that there may be other ways of making corrections or changes in plat dimensions. After a brief discussion the Council tabled the matter and requested that Attorney Winthrop submit a report on recommended procedures. Page 1383 November 18, 1980 COMMUNICATIONS The Council acknowledged a letter from Assistant Commissioner Mn/DOT TRUCK William Merritt, noting the urgency of constructing a truck STATION station on the MAC property. The entire matter of platting and development of the MAC property was briefly discussed, with City Administrator Johnson noting that MAC officials seemed reluctant to proceed with utility improvements. After further discussion, the City Council agreed to discuss the Mn/Dot matter with Mr. Merritt on December 2. STREET LIGHT REQUEST A letter from Ms. Grappendorf, 564 Kirchner Street, requesting a street light was acknowledged and discussed. It was noted that street lights are installed only on heavily traveled intersections and that the request did not meet such criteria. Administrator Johnson was directed to respond to Ms. Grappendorf. DEPARTMENT The Council acknowledged receipt of the Code Enforcement Officer's REPORTS monthly report for October and the Public Works Director's monthly report for October. CAO 80-04 The application of London/Anderson Homes to build within the LONDON/ANDERSON Critical Area was acknowledged, as was an associated staff report. HOMES After a brief discussion, the Council directed that the request be referred to the Lilydale officials, asking they respond prior to the December 2nd Council meeting. CAO 80-05 The application of Norbert Berg to build within the Critical NORBERT BERG Area was considered along with an associated staff report. Ayes: 5 Nays: 0 MENDOTA JOINT MEETING After a brief discussion, Councilman Losleben moved to approve the application. Councilman Hartmann seconded the motion. Mayor Lockwood reported on a meeting held in Mendota on November 10th, wherein Mendota and Mendota Heights officials discussed drainage problems within the Village of Mendota. Mendota officials submitted a proposed Joint Agreement signed by the Mendota Mayor on November llth and now presented for Mendota Heights approval. After a considerable amount of discussion, Councilman Losleben moved to approve a parallel feasibility study with Mendota and to share such costs. The motion died for lack of a second. City Attorney Winthrop expressed concern regarding the proposed Joint Agreement and suggested that this matter be studied carefully before proceeding. COMPREHENSIVE PLAN APPROVAL REFORESTATION & SANITATION APPLICATION Ayes: 5 Nays: 0 Page 1384 November 18, 1980 Mayor Lockwood reported on the meeting with the Physical Development Committee of the Metropolitan Council at which the Mendota Heights Comprehensive Plan was considered. He noted that it was approved by the Physical Development Committee and would be considered by the full Council on November 20th. The City Council considered an application for reforestation and sanitation funds. Mayor Lockwood moved adoption of Resolution No. 80-100, "RESOLUTION AUTHORIZING APPLICATION FOR SANITATION AND REFORESTATION GRANT AGREEMENT". Councilwoman Witt seconded the motion. PLANNING COMMISSION The Council received copies of applications for appointment to VACANCY the Planning Commission from two interested residents, Mr. M. J. Morson, Sr., and Mrs. Janet Blesener. HAZARDOUS WASM SITING ZONING DISTRICT AMENDMENT Ayes: 5 Nays: 0 The City Council acknowledged receipt of a letter from the Minn- esota Hazardous Waste Board and upon further discussion named Mayor Robert G. Lockwood as the contact person. In response to a public hearing held on November 6th, Councilwoman Witt moved the adoption of Ordinance No. 176, "ORDINANCE AMENDING THE MENDOTA HEIGHTS ZONING ORDINANCE", to rezone property south of Mendota Heights Road and east of TH 55, from B-1A to I. Councilman Hartmann seconded the motion. TRAFFIC ORDINANCE In response to discussion held on November 6th, Councilman Losleben AMENDMENT moved adoption of Ordinance No. 177, "AN ORDINANCE AMENDING ORDINANCE NO. 1113", relating to stop sign installation. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 IVY FALLS CREEK It was noted that an incorrect total was assigned to the ASSESSMENT Somerset Country Club properties as a result of the Ivy Falls CORRECTION Creek improvements. After discussion, Councilman Mertensotto moved the adoption of Resolution No. 80-101, "RESOLUTION AMENDING IVY FALLS CREEK DRAINAGE STORM SEWER ASSESSMENT ROLL (IMPROVEMENT NO. 77, PROJECT NO. 14)." Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 SWIMMING POOL ORDINANCE AMENDMENT Ayes: 5 Nays: 0 I-494 APPROVAL Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 Page 1385 November 18, 1980 City Attorney Winthrop noted a deficiency in the swimming pool ordinance and submitted a proposed Ordinance for consideration. After a brief discussion, Councilman Hartmann moved adoption of Ordinance No. 178, "AN ORDINANCE AMENDING ORDINANCE No. 503". Councilwoman Witt seconded the motion. Public Works Director Danielson called the Council's attention to a Mn/DOT transmittal which included plans and specifications for freeway improvements in the vicinity of TH 55 and Lexington Avenue. After a brief discussion, Councilman Hartmann moved adoption of Resolution No. 80-102, "RESOLUTION APPROVING PLANS AND SPECIAL PRO- VISIONS FOR FEDERAL PROJECT I-IG 494-4. (14T) 246". Councilman Mertensotto seconded the motion. Councilwoman Witt moved approval of the list of claims dated November 18, 1980, and totalling $259,903.75. Councilman Hartmann seconded the motion. LICENSES Mayor Lockwood moved approval of the list of licenses, granting licenses to: Ayes: 5 Nays: 0 Helge N. Nelson Knox Lumber Co. Lawrence Signs, Inc. Wm. O. Bergstrom & Son, Plmg. & Htg. Ray N. Welter Heating Co. General Contracting General Contracting Sign Erecting Gas Piping Gas Piping Councilman Losleben seconded the motion. ADJOURN: There being no further business to come before the Council, Councilwoman Witt moved that the meeting be adjourned. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 Time of Adjournment: 12:55 o'clock P.M. athleen M. Swanson City Clerk ATTEST: Robert G. Lockwood, Mayor