2018-08-28 Council Work Session PacketCITY OF MENDOTA HEIGHTS CITY
COUNCIL WORK SESSION
AGENDA
August 28, 2018
1:30 pm
Mendota Heights City Hall
1. Call to Order
2. Discussion of Development Agreement for The Orchards Plat
3. Adjourn
To: Mayor and City Council
From: Mark McNeill, City Administrator
Subject: Orchard Plat Development Agreement
Date: August 28, 2018
COMMENT:
Attached is information on the plat for The Orchard (formerly the Olin Property), which was
deferred from discussion at the August 21st City Council meeting.
At that time, staff indicated that there remained some unresolved issues, including a request by
the developer to eliminate a requirement to provide for individual fire sprinkler systems in each
house. The Council agreed to schedule a work session On Tuesday, August 28th at 1:30 PM to
discuss the proposal in more detail.
Staff will be meeting with the developer on Monday, August 27th, to discuss the provisions in
the Agreement. Any outcome will be presented at the work session the following day.
If an agreement on the document can be reached, the actual Developer’s Agreement will then be
presented for formal approval at the September 4th regular meeting of the City Council.
Mark McNeill
City Administrator
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Request for City Council Action
MEETING DATE: August 21, 2018
TO: Mayor and City Council, City Administrator
FROM: Tim Benetti, Community Development Director
SUBJECT: Final Plat for “The Orchard” and Developers Agreement
Orchard Heights, LLC
Introduction
The City Council is asked to consider and approve the Final Plat of The Orchard, the new subdivision of
the former Olin family properties located at 1136 – 1140 Orchard Place; along with the final Developers
Agreement between Orchard Heights, LLC and the City of Mendota Heights.
Background & Discussion
On August 15, 2017, the City Council adopted Resolution No. 2018-57, a resolution that denied the
Preliminary Plat of Orchard Heights, along with a variance and wetlands permit needed for said plat.
Due to a subsequent Dakota County District Court ruling, on April 17, 2018 the City Council was directed
to adopt Resolution No. 2018-32, which approved the Preliminary Plat of Orchard Heights. Since that
meeting, the original developer, Mr. Marcel Eibensteiner has passed away, and his son Keith Eibensteiner
stepped in to head the project. However, the project management and construction responsibilities are now
being handled by Mr. Tim Thone, of TMT Land Holdings of Woodbury, MN.
The subdivision’s title has also been re-named to “The Orchard” by order of Dakota County Surveyors due
to a similar “Orchard Heights” plat title in Eagan.
This final plat documents and developer’s agreement have been reviewed by the Developer’s attorney and
city attorney; and all parties found the plat and the agreement to be acceptable.
Budget Impact
There are no impacts to the city budget.
Recommendation
Staff recommends the City Council adopt a motion to approve the RESOLUTION 2018-65, A
RESOLUTION APPROVING THE FINAL PLAT OF THE ORCHARD; and ACCEPT AND APPROVE
THE DEVELOPERS AGREEMENT FOR THE ORCHARD SUBDIVISION DEVELOPMENT, located
at 1136 – 1140 Orchard Place, and authorize the Mayor and City Administrator to execute said developers
agreement on behalf of the City of Mendota Heights.
Action Required
This matter requires a simple majority vote for both items.
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-65
RESOLUTION APPROVING FINAL PLAT FOR
THE ORCHARD
1136 AND 1140 ORCHARD PLACE
WHEREAS, Orchard Heights, LLC, (the “Developer”) is requesting consideration and
approval of the Final Plat of THE ORCHARD, a new subdivision of properties located at 1136
and 1140 Orchard Place (the “Subject Property”), and legally described in Exhibit A; and
WHEREAS, on June 27, 2017 and July 25, 2017, the Mendota Heights Planning
Commission held a public hearing to consider the applications of a proposed preliminary plat,
variance and wetlands permit of a new subdivision to be titled “Orchard Heights”, whereby the
commission offered a motion to recommend approval of the plat, variance and wetlands permit,
but said motion failed and therefore constituted a recommendation of denial; and
WHEREAS, on August 15, 2017, the City Council received the recommendation of denial
from the Planning Commission, and City Council adopted Resolution No. 2018-57, a resolution
denying the preliminary plat, variance and wetlands permit for Orchard Heights, with certain
findings of denial; and
WHEREAS, on December 14, 2017, the case of Royal Oaks Realty, Inc., etal vs. the City
of Mendota Heights came before Dakota County District Court, whereby the Roya Oaks motion
for summary judgment against the City was granted (on March 8, 2018), and the City was ordered
by said Court to “unconditionally approve the Orchard Heights Preliminary Plat under the City’s
standard subdivision ordinance, including the variance for the proposed cul-de-sac…”; and
WHEREAS, on April 17, 2018, the City Council adopted Resolution No. 2018-32, a
resolution approving the preliminary plat, variance and wetlands permit for Orchard Heights
subdivision.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
Final Plat of THE ORCHARD (formerly titled “Orchard Heights”) as presented herein and a
preliminary copy of which is attached as Exhibit B, is hereby approved, based on the following
findings of fact:
1. The proposed final plat is consistent with the general layout and overall design
illustrated on the original and previously approved preliminary plat.
2. The proposed final plat meets the purpose and intent of the Zoning Code, including
the proposed and approved planned use of the site as new single-family residential
development.
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3. The proposed final plat meets the purpose and intent of the Subdivision Code,
including layout, grading, drainage, easements and lot arrangements.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Final Plat
of THE ORCHARD, related to the original plat application made under Planning Case No. 2017-
14, is hereby approved; and the Developers Agreement between Orchard Heights, LLC and the
City of Mendota Heights is also acceptable and approved, and hereby authorizes the Mayor and
City Administrator to execute said developers agreement on behalf of the City.
Adopted by the City Council of the City of Mendota Heights this _____day of _____, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
Neil Garlock, Mayor
ATTEST
________________________________
Lorri Smith, City Clerk
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EXHIBIT A
Legal Description – 1136 Orchard Place
PID: 27-54150-01-010
Lot 1, Block 1, Olin Addition, Dakota County, Minnesota
AND
Legal Description – 1140 Orchard Place
PID: 27-54150-01-020
Lot 2, Block 1, Olin Addition, Dakota County, Minnesota
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EXHIBIT B
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-32
RESOLUTION APPROVING A PRELIMINARY PLAT OF ORCHARD HEIGHTS
AND A VARIANCE AND WETLANDS PERMIT
FOR THE PROPERTIES LOCATED AT
1136 & 1140 ORCHARD PLACE
WHEREAS, Marcel Eibensteiner of Royal Oaks Realty (the "Developer"), acting on
behalf of Marilyn Olin and David Olin (the "Property Owners") has applied for a preliminary plat
to be titled "Orchard Heights", along with a related variance to exceed the normal length of a cul-
de-sac roadway and wetlands permit for work in and around an established water feature, as
proposed under Planning Case 2017-14, located at 1136 and 1140 Orchard Place (the "Subject
Property"), and legally described in Exhibit A; and
WHEREAS, on June 27, 2017, the Mendota Heights Planning Commission held an initial
public hearing on this plat, variance and wetlands permit applications, whereby a planning staff
report was presented and received by the commission, comments from the general public and
Developer were received and noted for the record, and upon closing the hearing the Planning
Commission recommended to table this matter to the July 25, 2017 meeting; and
WHEREAS, on July 25, 2017, the Mendota Heights Planning Commission received a
supplemental planning staff report and an updated presentation regarding this new subdivision plat
matter, re -opened the public hearing and allowed additional comments from the general public and
Developer, and upon closing the hearing the Planning Commission offered a motion to recommend
approval of the plat, variance and wetlands permit, but said motion failed 2 votes for and 3 against
said adoption, which thereby constituted a recommendation of denial; and
WHEREAS, on August 15, 2017, the City Council received the recommendation of denial
from the Planning Commission, and after discussion between city staff, city council and the
Developer, the council elected to adopt Resolution No. 2018-57, a resolution denying a
preliminary plat of Orchard Heights and its related variance and wetlands permit for property
located at 1136 and 1140 Orchard Place, with certain findings of denial; and
WHEREAS, the case of Royal Oaks Realty, Inc., David J. Olin, James OlinMarital Family
Trusts (the "Plaintiffs") vs. the City of Mendota Heights (the "Defendant") came before the
Honorable Karen J. Asphaug, Judge of District Court, on December 14, 201 7 at the Dakota County
Judicial Center, in Hastings, Minnesota, whereby the Plaintiffs' motion for summary judgment
against the Defendant was granted on March 8, 2018, and the City was ordered by said Court to
unconditionally approve the Orchard Heights Preliminary Plat under the City's standard
subdivision ordinance, including the variance for the proposed cul-de-sac; and
page 9
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council, that the
Preliminary Plat of Orchard Heights, along with its related Variance and Wetlands Permit as
originally proposed under Planning Case 2017-14, are all hereby approved with the following
amended conditions:
1. The existing single family dwellings and detached accessory buildings must be
removed prior to the Final Plat being recorded by Dakota County.
2. In lieu of land dedication, the Developer/Applicant shall pay a park dedication fee
in the amount of $4,000 per unit (18 lots — 2 existing lots = 16 x $4,000/unit, or
64,000) is collected after City Council approval and before the Final Plat is
recorded by Dakota County or issuance of any permits.
3. All new homes within this development shall have an automatic fire sprinkler/fire
suppression system, reviewed and approved by the City Building Official.
4. The final grading plan must be submitted and approved by the Public Works
Director prior to any grading or land disturbance operations, pursuant to Mendota
Heights Ordinance §12-1-E-2.
5. Street grades in excess of 6% - but no more than 8% are hereby allowed in certain
locations as shown on the submitted Plans. In the event the Plans are revised in the
future, the Developer must make every effort to meet the 6% grade standard along
this roadway section.
6. The cul-de-sac roadway is allowed to be constructed with no less than a 30 -ft. face-
to-face street width.
7. A SWPPP shall be developed for the project as required by Mendota Heights
Ordinance. § 14-1-6. Protected waters shall have a double silt fence/redundant
BMP, and a separate NPDES permit is required, per MPCA rules.
8. No disturbances shall occur within a 20 -foot wide wetland buffer, which shall
include provisions for no cutting (non -mowing) and a natural vegetation buffer area
around the delineated edges of the wetland. The buffer strip shall be shown and
dedicated on the final plat.
9. No utilities may be buried at a depth greater than 20 feet.
10. Any proposed retaining walls) greater than 4 feet in height require engineered
drawings.
11. All Plans shall be reviewed and approved by St. Paul Regional Water Service
SPRWS). SPRWS requires inspection of the public utilities and water supply to
the fixtures.
Res. 2018-32 Page 2 of 4
page 10
12. The Developer/Applicant shall submit a lot survey as part of any building permit
application as required by Mendota Heights Ordinance §11-2-3(B).
13. Future construction on the newly -created parcels will be compliant with all
applicable City Code and Building Code provisions
Adopted by the City Council of the City of Mendota Heights this 17th day of April, 2018.
OC,F Ric_;iti CITY COUNCIL
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CITY OF MENDOTA HEIGHTS
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or Neil Garlock, -Mayor
Lorri Smith, City Clerk
Res. 2018-32 Page 3 of 4
page 11
EXHIBIT A
Legal Description —1136 Orchard Place
PID: 27-54150-01-010
Lot 1, Block 1, Olin Addition, Dakota County, Minnesota
AND
Legal Description —1140 Orchard Place
PID: 27-54150-01-020
Lot 2, Block 1, Olin Addition, Dakota County, Minnesota
Res. 2018-32 Page 4 of 4
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