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1980-08-26 Council minutesPage 1327 August 26, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Adjourned Meeting Held Tuesday, August 26, 1980. Pursuant to due call and notice thereof, the adjourned meeting of the City Council, City of Mendota Heights, was held at 7:30 P.M., Tuesday, August 26, 1980, 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, Councilman Hartmann, Councilman Losleben, Councilman Mertensotto and Councilwoman Witt. EAGLE RIDGE Mayor Lockwood opened the meeting for the purpose of the PUD continuation of the August 5th public hearing on the pro- posed Eagle Ridge PUD amendment. Mayor Lockwood advised the audience that the City had provided the services of its Planner, Howard Dahlgren, to assist in mediating the diff- erences between the developers and the residents of Eagle Ridge. Mayor Lockwood stated that the concerns of the resi- dents were on the setbacks of the proposed 73 unit two- building apartment complex, and the likelihood that the proposed structures would appear far too close to existing Eagle Ridge residences. Mayor Lockwood then turned the meeting over to City Planner Dahlgren. Mr. Dahlgren explained to the Council the basic differences between normal platting processes and platting under a PUD process. Mr. Dahlgren noted that a PUD has the same legal status as a plat. Mr. Dahlgren stated that when the Eagle Ridge PUD was approved in 1969, the developers proposed several uses, including townhouses and a variety of housing units including condominium structures and a 10 story high- rise apartment. After the PUD was developed, the developers gradually changed the concept of the PUD, but each time a change was proposed, the developers requested approval of the changes by the Council, requesting amendments to portions of the PUD. In each case, the amendments proposed and app- roved have had fewer units than the original PUD. He pointed out that the developers have now come in for an amendment for the last portion of Eagle Ridge, the portion which was originally approved as a 10 story highrise, 140 unit, site. The developer still has the original right to build the 140 unit structure. He pointed out that if the developer asks for an amendment, the City Council must make a determination of whether the amendment is reasonable and that the new plan is better than the original plan. He stated that the devel- oper proposes two three-story buildings with underground parking, to be built in two stages. The developer proposes 73 units rather than the original 140 unit, 10 story structure. Mr. Dahlgren reviewed the amended plan as proposed by the developer, pointing out the problem that two expensive town- house units have been recently constructed 10 feet from the subject property line. He stated that the proposed structure Page 1328 August 26, 1980 on the original drawing indicates 40 feet between the structure and the nearest townhouse. The Planning Commission had recommended approval of the plan subject to a mutual agreement between the applicant and the Eagle Ridge residents over the site problems from adjacent townhouses to the north. He then reviewed the modified plan which had been prepared as the result of the Planning Commission discussion. He noted that the buildings had been moved somewhat, but still only left 40 feet between the structures and the northerly townhouses. He pointed out that this did not seem acceptable to the Eagle Ridge Associations. Mr. Dahlgren stated that he has met with the developers and residents since the August 5th Council meeting and has pre- pared a revised proposal which may better reflect resolution of some of the problems. He then reviewed the new proposed layout, stating that the layout provides better access to garages within the apartment complex, pointing out that the structure has been moved so that the corner of the apartment structure is 70 feet from the property line. He noted that the newly proposed plan provides: much greater open space; a better view from the Kline residence; a turn-around at the apartment site to provide better access to the underground garages; 48 outside parking spaces and 113 underground parking spaces, or the equivalent of .2 parking spaces per unit. Mr. Dahlgren suggested that the City Council be very cognizant of the tree plantings and landscaping plan and that if approval is given, that the developer be required to re- move the diseased elms from the site and replace them with good trees. He suggested possibly approving the concept plan this evening, and requiring the developer to prepare a detailed plan, showing the structures and plantings, and then meeting with the neighbors and getting final Council approval at a later date. Mr. Ron Erickson, architect for the project, stated that the developer is no longer considering phased development, and pointed out that both structures would be built at the same time. Mr. Stan Taube, from Lanvesco, stated the developers have met with the nieghbors since the last Council hearing date, and have presented a revised plan to the neighbors showing where the buildings would be located. Mr. Erickson stated, in response to questions on drainage, that the developer has hired a civil engineer who has worked out a detailed plan which has received the approval of the City Engineer and Public Works Director. He noted that the second concern at the August 5th meeting was a question over site area. He advised the Council that the site has since been surveyed and the area is 6.15 acres. He responded to City Planner Dahlgren's plan, stating that Mr. Dahlgren's plan has opened up an avenue for mutual agreement on a plan, even though costs would be increased. He pointed out two concerns he has in regard to the new plan, those concerns being: the two buildings would look into each other, thus possibly reducing the market value of six units from the • original plan; and, the closeness of the parking to the building. He stated however, that he believes the developer Page 1329 August 26, 1980 can resolve the two problems. Mr. Erickson briefly pointed out what the developer would have to propose in terms of land coverage with a 10 story structure and outside parking. He noted that parking for a 10-story highrise would cover as much land area as the two 36 unit buildingswould cover. Mr. Taube stated that Mr. Dahlgren's plan may cause cost problems for the developers, but acknowledged that it is a very creative attempt to resolve the differences between the developers and the residents. He stated that the plan would be accep- table to the developers if the Council approval would allow commencement of construction on the units before winter. Mr. Taube felt that the plan is an honest effort to resolve a very difficult problem. Mayor Lockwood asked for questions and comments from the audience. Mr. James Miley, representing Eagle Ridge residents, stated that the residents are opposed to the proposed plan. He stated that while the residents agree with Mr. Dahlgren's recommended plan in some areas, they disagree in other areas. He reviewed the original Eagle Ridge PUD plan, and asked whether the Council can be bound to a 12 year old PUD agreement, where previously approved amendments have drastically changed the original plan. He reviewed the various changes in the PUD that have occurred over the years, noting that the density has decreased with each amendment, and suggested that there should be some decrease in the number of units proposed at this time. Mr. Miley stated that several of the residents would rather have a 140 unit building at this time. He stated that he and the residents have met with the developers to try to convince them that the residents want this project to be constructed as a 55 unit complex, but that the developers have refused to drop the density to 55 units. Mr. Miley stated that he does not think it is rea- listic to consider this concept when one considers the question of whether this is a good use for the land. Mr. Miley then submitted a petition signed by 105 residents of Eagle Ridge to limit the number of units to conform to the zoning ordinance requirements. The Eagle Ridge residents requested that the Council delay a decision on the matter to allow them an opportunity to review the revised plan with City Planner Dahlgren. Mr. Taube stated that the last time the developers and residents met with the City Council, the Council asked the developers to respond to the questions of drainage, erosion, and the Hess Kline setback. He pointed out that the developers were not asked to consider a density reduction at that time, but that the matter just came up this evening. He stated that the developers have met with the residents several times, includ- ing this morning, that the developer has been quite flexible in the matter, including preparing four different plans and reducing the density from the originally approved 120 units to the current proposal for 73 units. He requested that the Council consider and approve the matter at this time, based Page 1330 August 26, 1980 upon the plans prepared by Mr. Dahlgren. The Council, members of the audience, and the developers, discussed the matter additionally, and the final concensus was that Planner Dahlgren should meet with the residents and developers to review the plan and return for a future Council meeting. Councilman Mertensotto moved that the hearing be continued to Monday, September 8, at 7:30 P.M., at the Mendota Elementary School. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 COMPREHENSIVE City Planner Dahlgren reviewed for the Council two memos pro- PLAN REVISIONS posing comprehensive land use plan changes which were distri- buted to the City Council at the August 19th meeting. Mr. Dahlgren stated that the proposed changes are the result of discussions with representatives of the Metropolitan Council, and generally are an expansion of the text of the land use plan (Part II: Comprehensive Plan), but does not change any policy in the plan. Councilman Losleben suggested that the word "identified" in Number 21 of the August 14th memo, be deleted. The Council also suggested that the paragraph relating to page 75 be ex- panded so that the second to the last sentence reads as follows: "These private systems, then, may be permitted as a temporary solution in areas where such systems are environmentally sound and sanitary sewer is not yet available because of timing, such continued use of private systems shall be subject to health inspections to insure sanitary operation of the system." As the result of the discussion, Mayor Lockwood moved to approve the revisions to the Comprehensive Plan as presented by Howard Dahlgren Associates on August 19th and August 14th, and dis- cussed by the Council this evening. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 1981 BUDGET Fire Marshal Gene Lange, Chief Arnie Siebell, and Assistant PROPOSAL Chief, Dale Peterson, were present to review and answer Council questions on the 1981 Fire Department budget requests. Police Chief Thul reviewed the Police Department budget request and Animal Control budget proposal for 1981. Administrator Johnson, and City Clerk Swanson reviewed the proposed Administrative bud- ) get for 1981. Administrator Johnson recommended that the September 2nd Council meeting commence at 7:00 P.M. for a discussion on the Public Works and Planning budget requests for 1981. The Council con- curred in the reconmtendation. LABOR On the recommendation of the City Administrator, Councilman AGREEMENT Losleben moved approval of the 1980 Public Works labor agree- ment and authorization for execution of the agreement by the appropriate City officials. Ayes: 5 Nays: 0 PARTIAL PAYMENT Page 1331 August 26, 1980 Councilwoman Witt seconded the motion. On the recommendation of Treasurer Shaughnessy, Councilman Losleben moved approval of partial payment number 12, for Delaware Crossing improvements to Orfei and Son, Inc., in the amount of $116,582.80. Councilman Hartmann seconded the motion. Ayes: 5 C Nays: 0 ADJOURN There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Time of Adjournment: 12:27 A.M. 4z/Z4,72 athleen M. Swanson City Clerk ATTEST: 1242414 ot„4,,i-crd_ Robert G. Lockwood Mayor