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2005-10-05 City Council MinutesPage No. 1 October 5, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, October 5, 2005 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Duggan moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the minutes of the regular meeting held on September 20, 2005 as amended. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move items 6, , to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the Unapproved Minutes from the September 27, 2005 Planning Commission Meeting. b. Acknowledgement of the August 2005 Building Activity Report. c. Acknowledgement of a memo recognizing recipients of the Fourteenth Annual Fire Safety Awards. d. Acknowledgement, with regret, of a letter of Retirement from Firefighter Tim Oster, effective August 20, 2005. e. Authorization for payment of the $10,000 MHAA contingency to the Mendota Heights Athletic Association . f. Authorization for an expenditure of up to $1,200 for the Annual Halloween Bonfire. Page No. 2 October 5, 2005 g. Authorization for the Code Enforcement Officer to issue a permit for parking lot replacement at Brown College. h. Approval of the reappointment of Councilmember Schneeman as the city's Gun Club Lake WMO Board Member. i. Resolution No. 05-87, "A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR TEMPORARY SIGNAGE FOR THE TOWN CENTER REDEVELOPMENT PROJECT," for Fantastic Sam's. j. Adoption of Resolution No. 05-88, "RESOLUTION CALLING FOR THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS OF 1997, DATED DECEMBER 1, 1997." k. Approval of list of contractor licenses dated October 5, 2005. 1. Approval of the list of claims dated October 5, 2005, and totaling $61,456.94. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 BOND SALE Council acknowledged a memo from Finance Director Schabacker regarding the sale of $790,000 improvement bonds for the 2005 street improvements project. Mr. Mark Ruff, from Ehlers& Associates was present for the discussion. Mr. Ruff presented and reviewed a tabulation of bids received for the bond sale. He informed Council that Moody's Investors Service, Inc. has given the bonds a rating of Aa2, which is an excellent rating for a city this size. He recommended that the bid be awarded to Miller Johnson Steichen Kinnard for its low rate of 3.9059%. Councilmember Vitelli moved adoption of Resolution No. 05-89, "RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $790,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the bid to Miller Johnson Steichen Kinnard. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 BID AWARD, TRAIL Council acknowledged a memo from Operations & Projects OVERLAY PROJECT Coordinator Kullander regarding bids received for the trail overlay project. Mayor Huber informed the audience that the bids that were Page No. 3 October 5, 2005 received were all over the budget and staff has recommended that the j bids be rejected and that the project be re -bid this winter for spring construction. Councilmember Vitelli moved to reject the bids and direct staff to rebid the project this winter for construction in the spring. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05 -42, SCHUSTER Council acknowledged an application from Mr. & Mrs. Joseph Schuster for a preliminary plat to create two additional lots at 1900 Wachtler Avenue. Council also acknowledged associated staff reports and letters from Mr. & Mrs. Patrick McQuillan, Mr. John White, Mr. & Mrs. Robert Vince, Mr. John Sander and Mr. Mike Williams. Assistant Hollister informed Council that the Schusters have applied for subdivision of their existing single family lot into two additional lots. They propose to create one lot to the north of their exiting home and one to the south. The city planner reviewed the application and found their plan to meet city requirements. The Planning Commission also recommended approval. Council can adopt the commission's recommendation or, alternatively, Council can choose to deny the application and direct staff to prepare a resolution with findings of fact for the next meeting. A third option would be to table action to the next meeting for further deliberation and research. Responding to a question from Mayor Huber, he stated that Council will be conducting a joint workshop with the Planning Commission on November 2 and one of the topics of discussion will be infill development. Council could continue this matter pending the outcome of the conversation at the workshop. The current 60 day review period expires on October 22, and the city can extend that for an additional 60 days, to December 21. Councilmember Duggan informed Mrs. Schuster that about a year ago Council received a subdivision proposal for the Fink property on Alvin Court. Based on the discussion then and concern for potential future development requests, Council retained the city planner to prepare a study on infill development, and that study will be considered at the workshop. This is not something that just suddenly happened. The workshop will be a public meeting and people can attend to listen to the discussion. Page No. 4 October 5, 2005 Councihnember Krebsbach stated that she is interested in the workshop and looking further at this particular neighborhood and other neighborhoods before taking action. Councilmember Schneeman stated that the issues before Council area difficult and Council wants to do the best it can for everyone. Mrs. Schuster stated that they are requesting subdivision of their property into one lot of 21,249 square feet with 158 feet of frontage. The lot their home sits on would be 22,773 square feet with 151 feet of frontage, and the third lot is 16,475 square feet with 110 feet of frontage. They would like to build a new home on that lot. She stated that she understands there would be two connection charges of $14,015 each and two park contributions of $2,700 each. There will be drainage and utility easements along the lot lines. She stated that they started improving the property about 30 years ago by getting rid of the brush along Hilltop and planted about 90% of the trees on their lot. They put the trees in an area where they would not interfere with houses going on the new lots. In 1992 they did extensive modeling which improved the lot considerably and improved the value of their home and the properties in their neighborhood. It takes a lot of work to maintain the property. They put bluebird houses in about five years ago and have had two bluebird families there each year. Mayor Huber responded that the Schusters have done a great job with their yard, which is beautiful, and everyone has commented on that. Mr. Paul Schuster stated that he is a bit skeptical about the workshop magically solving this issue. He asked if the Schusters much come to the workshop and then come back at the next Council meeting. Mayor Huber responded that the workshop is not intended to solve any issues. Council has been noticing increasingly over the past several years is more and more desire to split lots. The issue of lot size in Mendota Heights goes back as far as Mendota Heights goes back. In the early 1960's people did not want lots to be less than an acre. Most of the lots that have gone for subdivision have typically been more than 5 to 7 acres and were divided into six to eight lots. People knew that sooner or later they would be developed. Council is now starting to see situations like the Schusters where people who look at the property have viewed it as always being single family lot. Council has been seeing more requests in the last few years to split 40,000 to 60,000 square foot lots. In response, Council has decided Page No. 5 October 5, 2005 to take a look at this because neighbors are concerned. Council needs to sit down and understand what a city can or cannot do. Council must look to see what cities are empowered to do and look at established neighborhoods to see what can be done in terms of what other cities have done. Council must explore its options with staff and the city planner and planning commission. The workshop will raise the level of information Council has. Mr. John Schuster agreed that Council should have policies in place. He asked if he must still come back and argue this again after the workshop. Mayor Huber responded that they should come back. Council may table this issue tonight and will let the Schusters and the neighbors know when the matter will be on Council's agenda. Council would not want to rehash information it has tonight but rather would review new information and the things that come out of the workshop. Mr. Schuster stated that he is here tonight on behalf of his parents to represent them and help them understand the process. They have been through this twice before and did not really understand what was happening. He informed Council that he does not have any personal interest in the lot split. The neighborhood was developed in the 1950's. Their lot is 1.4 acres and is beautiful because it has been maintained well Mrs. Schuster has unproved on it continuously for the last 30 years and people do not want it to go away. Even though some people want to keep the lot in its current state, the Schusters have the right to pursue their plan to divide the lot as long as it meets the city's codes. He lives in a neighborhood in Eden Prairie that is a mix of old and new houses. The original houses are about the same age as the original homes in Somerset Hills. When the new houses started being developed, the existing neighbors were not happy about losing the open space and their views of the river bluff but they did not try to stop the development. They just asked that the new homes be kept as low as possible so their views would not be blocked and everyone respected that. To this day, the original neighbors and the new neighbors get along well and property values have increased for everyone. Sometimes people only consider the negative side of an issue and not the positives. He asked that people consider the possibility that their property values will not be adversely affected and that the new people moving in might end up being their friends. The Schusters attempted to subdivide their land in 1978 and again in 1984. In September of 1978 the Planning Commission and Council denied the subdivision because the most northerly lot would be in violation of a setback requirement. Since there was neighborhood Page No. 6 October 5, 2005 opposition and the Somerset Hills deed restriction had only just expired, his parents decided to honor the decision of the Council and not pursue it further at that time. In 1984, the Schusters saw other lots being subdivided in the neighborhood and nice houses going up and they revised their proposal to require that the future homes face Wachtler to alleviate the 1978 issues. The Planning Commission recommended approval with a 3.7 foot front yard setback variance for the existing house because they thought the house was 3.7 feet closer to Wachtler than the minimum requirement. The Council denied the request based on the setback for the northerly lot. Since the same neighborhood opposition existed, the Schusters decided not to pursue it further. Since 1984 they have extensively remodeled their house to better fit in with the subdivision potential. They moved the front of the house back from Wachtler about 11 feet and the need for the front yard setback was eliminated. They have also planted many trees on the parcel, away from the center of the new lots where they would have to be removed when the new houses are built. The current proposal was unanimously recommended by the Planning Commission. The planner report states that the parcels meet the city requirements for lot width and area and they will have adequate building area for new homes without the need for variances. The proposed subdivision is completely legal and the only thing against them is neighborhood opposition. They understand they must submit a revised preliminary plat showing the location of structures and setbacks and easements, that they must submit grading and utility plans, they must satisfy park and trail dedication requirements and they must enter into a development agreement and pay all applicable fees. The Schusters are not here to subdivide and cash in and move out of Mendota Heights. They moved here in 1976 and love Mendota Heights and the neighborhood. His brothers and sister and their families live here as well as many family and friends. Mayor Huber asked about the status of submitting a revised preliminary plat. Mr. Schuster stated that he has an unofficial drawing and they have not had time to have an official survey done for tonight. Mayor Huber stated that staff is working on getting the record of the Schuster applications in 1978 and 1984 put together for Council review. He then asked for questions and comments from the audience. Page No. 7 October 5, 2005 Ms. Carol Weisbecker, 695 Wesley Court, the Schusters' daughter, } stated that she and her mother walked the neighborhood this weekend to talk to people and see how they felt about the proposed subdivision. There were six people against it and nine approve of the subdivision and nine were neutral. Those nine just did not want to be bothered and they did not want to argue against it. Mr. Jim Weisbecker stated that it is a beautiful lot and the Schusters clearly have room on both sides for houses. It looks like there are holes in the neighborhood now. He stated that he has seen many lots divided and developed over the years and he has even come and voice concerns. There was a house built on Wesley Lane a year ago you cannot tell. It filled a hole in the neighborhood. What the Schusters are planning will fit in and be an asset to the neighborhood. The Schusters are aging and this is causing lot of anxiety for them. He asked Council to approve the subdivision this evemng. Mayor Huber responded that this is not something Council wants to drag on for months. There needs to be a conclusion for all concerned. Council must carefully consider the options because the decision will affect other areas as well. Something may work well in one area but not in another. Council feels they really need to do an infill study and needs to make sure it has all the facts so that Council does not start approving or disapproving lot divisions without having all the facts. Mr. Weisbecker responded that there have been a lot of divisions approved over the years and what the Schusters are proposing is fully in line with the city's ordinances. He asked that Council not postpone this but rather at least consider looking at this and ask themselves if the infill study is going to change the rules and regulations for subdivisions. If the answer is no, he thinks Council should approve the subdivision now. Mayor Huber responded that the workshop was originally scheduled for late September but it had to be postponed because several people could not attend. Had it been held in September, Council could have applied the information from the workshop to this application this evening. Councilmember Krebsbach stated that the infill study has been on Council's list of things to do for a long time. Everyone is impacted by a scattered approach to lot divisions. Council considers the workshop a high priority meeting. Page No. 8 October 5, 2005 Councilmember Duggan stated that at the time the workshop was scheduled, Council was not aware of the Schuster's desire to subdivide. He stated that there will not be any change to the regulations at the workshop. Also, he did not think that after the workshop Council could change any laws that would be deleterious to the Schuster application. Council needs a sense of what direction Council wants the city to go in and what reasonable control Council can impose. In this case, it is not enough just to create two lots. Council also needs to know what impact the housing style will have on the neighbors. Mayor Huber stated that Council does not know what may come out of the workshop. What comes out of the workshop could conceivably impact this application. This Council does a good job of researching issues and doing things thoroughly so as to get things right and engage a lot of people in the discussion. There are a lot of people who have property like the Schusters and they are going to be keenly interested in what comes out the workshop. Ms. Greta Wenzel, 784 Hilltop Court, stated that she and her husband are not looking at this situation as looking out her kitchen will change in twelve months. She is looking at this as how it will impact the whole city twenty years from now. She wants to make sure there is careful consideration with respect to long range planning and thinks it would be prudent to wait for the infill workshop. She has done quite a bit of research on neighborhood infill recently and thinks not only infill but also redevelopment is her concern. She can see a house fitting on the north lot but cannot handle the idea of a developer coming in and buying a block of lots and where there are three houses today there will be ten in the future. There are neighborhoods where the current policies are applicable but some where there are not. There is such a variety of lot sizes and neighborhood styles and ages in the city and she does not know how one policy can serve all of those neighborhoods. The city planning is moving from development to redevelopment and infill. She wonders that just because something is permissible by law that it should be automatic. She stated that she hopes Council considers the possibility and not the certainty of the subdivision and hopes a vote is delayed until after the workshop. This is a change that cannot be undone once it is decided. Mr. John White, 1897 Wachtler, stated that the Schusters bought in 1975 and in 1978 the covenants were dropped and they fully expected to make three lots. He moved in 1984 and Mr. Schuster Page No. 9 October 5, 2005 came directly over to him and told him he wanted to divide his lots. When the Schusters added onto their home, they needed a variance and needed the signatures of the neighbors. The neighbors signed their approval so they could remodel, however the Schusters did that with the explicit idea that they would now have the ability to break up the lots. His biggest concern is that there has been a tremendous increase in children in the neighborhood and the children are on their bikes and scooters. The neighborhood is strange in that it is landlocked on the west side and the south side. The neighborhood can only be entered on four streets. He stated that he has just over an acre and would have the ability to split his lot. He has noticed an increasing amount of car traffic coming across from Market Street onto Ridge Place because it's the only place one can cross over Dodd Road from Town Center. Now people have found that if they take Hilltop from Marie and over to Ridge Place the miss the Dodd and Marie intersection. There are several large lots in the neighborhood and many people who would like to sell their homes and divide there lots. There could theoretically be ten more homes and thirty three more cars that can't get out west or south. Added to that, in 1998 new streets were built. At that time the neighborhood asked the city to make some of the streets narrower to avoid trees. Wachtler is 8 feet narrower than a normal street. If there are 33 more cars and fifteen to 20 new children in the neighborhood and cars funneling through the neighborhood from Town Center, Council needs to give this much more thought. This is one of the original neighborhoods in the city and it was thought out when it was put in. Mrs. Maureen Vince stated that she lives next door to the Schusters and would be the most impacted. She and her husband have also spent a lot of money improving their home and lot over the past 19 years. She loves bluebirds too and has bluebirds on their lot. Once people start chopping up the lots there will not be bluebirds there any more. There will be houses right on top of each other and people will not have the benefit of the big lots. What is good for new developments in lot sizes is not good for established neighborhoods that have the same size lots and similar homes. Mr. Bob Vince stated that before they moved to Mendota Heights, he called City Hall and talked to Paul Berg and Administrator Danielson and asked if there was any future development or any increase in density proposed. He was told that the Schusters had tried to subdivide their property and were not successful and there was no reason to believe anything had changed. He checked with the city again in 1991 and spoke to Mr. Berg. That was after Mr. Schuster came to his home and told him he was going to subdivide Page No. 10 October 5, 2005 his property and asked what he thought. When he called the city he was told the same thing. When the Schusters increased the value of their house by remodeling it, they had to get a variance. He signed a letter for the Schusters for the variance. He stated that all the lots in the neighborhood are about the same size and some are larger than the Schuster lot. Anyone could subdivide their property if they want to but he would be very strongly opposed to it. If this is approved, his will be the only house in the neighborhood that has five houses adjacent to it. He would like to see some type of delay so he can have some time to evaluate the impact this would have on his property. He has not had time to prepare anything since the Planning Commission meeting and would like to have time to have a study done on the situation and perhaps even give some suggestions at the infill workshop. Ms. Lorraine Wilkie, 781 Ridge Place, stated that she was here a few years ago when her neighbor at 790 Ridge Place wanted to subdivide his lot and build a new home. She told Council she was opposed to the subdivision and that if Council approved the subdivision there would be a line of people wanting to subdivide their lots. Since then another lot has been divided. Mayor Huber responded that two lots have been subdivided and this is the fourth request in the neighborhood and it was the Ridge Place subdivision that prompted Council look at an infill study. Ms. Wilkie stated that she knew she would lose some trees and some property when the streets were done and Council listened to them and decided to keep the streets around 22 feet to preserve the character of the neighborhood by keeping green space and trees. In the beginning Town Center was a very dense development and she was not happy with it. Now there is more green space than in the original proposal. The owners of the Par 3 Golf Course want to sell the property for development and she knows Council was against the idea because they wanted to preserve green space. She asked why Council would be so willing to take away green space from this neighborhood and asked Council to look at this neighborhood as being unique and that its character should be preserved. Mr. John Van Bogart, 1920 Wachtler, stated that while he also agrees that the country atmosphere of the neighborhood is wonderful, when he moved here in 1997 just before the street project and did not know until the day after they moved in that they would be losing the country style road. He was not happy that 8 feet of his lot was taken to preserve some 40 to 50 foot pine trees — many of Page No. 11 October 5, 2005 them are now dying. There is an old oak that was preserved and it looks great. There has been a lot of talk in the neighborhood about traffic but he cannot attribute the traffic just to Town Center. Most of the traffic he sees coming out of Town Center does not go through his neighborhood to get to Marie. It might be that some traffic coming from Marie to go to Dodd and T.H. 110. Since he moved in, he has seen many of the young children in the neighborhood grow up and get cars, and a lot of the increased traffic is teenagers going in and out. There are many more young families who have hectic schedules and are coming and going more. He did not see how two more houses in the neighborhood would add noticeable traffic. There is some much more traffic at the intersection of Ridge and Dodd from Town Center and the only thing that would help that intersection would have been to put a light in to mitigate the problems at high traffic hours. The other thing that has been brought up is neighborhood change. The original 1947 plat showed that Somerset Hills II was not around then, nor were any of the streets that go around Valley Curve. It was just an empty field. Now there are many more houses in the neighborhood than there were 40 years ago. The city has already made the decision that dividing these lots into smaller lots and allowing people to build more homes to enhance the value of the properties and help provide tax dollars is permissible. All the proposed lot division will do is add more tax dollars to the city and be within the legal restrictions of the city. Fifty years ago there were more lots than there are today. Not only were there lots divided, there were lots consolidated. He respects the Vines desire not to be surrounded by five houses. They are the most impacted and he is next. He does not want to see a three story house on the new lot next to him. He would like Council to approve the subdivision but to put in some restrictions that the houses could not be greater than one story, for example, and that there be certain feature requirements. He does not think Council should wait until the eleventh hour when his neighbors have known for twenty years that the Schusters planned to divide the lot. Ms. Jenny Robinson Kluse, 1817 Valley Curve, stated that the Schusters legally have a right to subdivide. The question is whether the community has any rights. She stated that hers is one of the families that has been affected by the recent subdivision to the south. It was their legal right to obtain a variance and sell their lot, but she will be here for the next 30 years and is very concerned about what this will turn into. She would like to actively participate in the planning meeting in November. If Mendota Heights is going to change it will be because of the cumulative effect of lot divisions. Page No. 12 October 5, 2005 Ms. Bev Bayless, 821 Hilltop, stated that she has lived in her home for 30 years and it is a wonderfully unique neighborhood and she really hates to see any of it change. Mrs. Schuster has created a beautiful piece of land. If the property were in disarray, people would be overjoyed that something was going to go in there. She did not think that putting houses on such a big piece of property will ruin the neighborhood. The perfect solution would be for the neighbors who benefit the most from Mrs. Schuster's park to consider buying the lots if the property is subdivided. The city planner and city attorney have said the subdivision is legal. If this is legal, she supports it. She understands that if Council approves this there will be many more requests for subdivision, but she is confident after watching Council all these years that Council deals with each request on a case by case basis. She trusts that Council will deal with this request in the same way and as fairly as Council has done for the past 30 years. Mrs. Betty Schmidt, 780 Hilltop Court, stated that there are two issues, an objective one and a subjective one. The city attorney has stated that this is legal. She heard Mayor Huber state earlier that the city cannot deny what it does not have the right to deny. She stated that she hopes to divide her property also. They would like to build a new house on their lot. They did not buy their house because of the lot. They bought because of the schools and the proximity to the cities. Her children did not benefit more because it was a big lot. She supports what the Schusters want to do. Mayor Huber stated that Ms. Schmidt raised a good point — there is no lot in the city that was not once divided. Ms. Susan Vince, 1397 Cherry Hill Road, stated that she is speaking as a concerned citizen of the city. She is concerned about the density and things are changing a lot in Mendota Heights. When they chose to live in Mendota Heights because of its charm and. it is not so dense and there are no traffic problems. They have lived in their home seven years and there have been two to three new houses on Emerson in the last three years. That has affected traffic. She has noticed a significant increase in traffic just from a few houses. She spends a lot of time on Hilltop and her children play in their grandparents' yard. She would hate to see a chain reaction of subdivisions changing the community. Ms. Debra Weisener stated that she is against the lot division because of the domino affect it could have. She asked Council to revisit the lot size issue and give this serious thought. Ayes: 5 Nays: 0 Page No. 13 October 5, 2005 Mayor Huber responded that one of the reasons to revisit the lot size issue is that no one wants to see Council start to have inconsistent conclusions on applications that seem similar. This is an opportunity to try to get some consistency and some airing of thought so that all applications are dealt with as consistently as possible and with some basis of recent conversation amongst Council, the Commission and staff. The conclusion that comes out of the workshop may be that the current rules be left in place. Councilmember Vitelli stated that he thinks this is a prime example of why Council decided several months ago that it needs an infill study. Mendota Heights has a lot of large lots and so far it has been consistent from neighborhood to neighborhood. The issue has to be addressed as some of the senior citizens who have larger lots decide to move or to make room for children and make requests for subdivision. The lot size in the inunediate area is an average of 54,000 square feet. What is being proposed is to insert three lots that on average are 19,800 square feet. That is a major change in the look and feel of the area. This is not going to be unique to this neighborhood and will continue to happen. This will happen over and over again and that is why Council decided it needed to take a look at the issue. Council has discussed infill for over two years and finally came to the point of meeting to discuss it. Councilmember Duggan suggested tabling the discussion until after the workshop to give Council the ability to snake a better decision. Mayor Huber stated that Assistant Hollister will send a letter to the Schusters to formally extend the review period for 60 days. That second 60 day period will end on December 21. Councilmember Krebsbach felt that the discussion should be continued to December because there may be something Council wants in terns of additional information that Council wants to consider after the workshop. Councilmember Duggan moved to table further discussion to December 6. Councilmember Schneeman seconded the motion. Mayor Huber stated that the workshop will be a public meeting and everyone can attend, but Council practice at workshops is not to take public comments. Council does not engage the public in workshops. Page No. 14 October 5, 2005 CASE NO. 05-43, BUEGE Council acknowledged an application from Mr. Troy Buege, for a conditional use permit and setback variances for replacement of a detached garage and driveway at 600 Valley Lane. Council also acknowledged associated staff reports. Assistant Hollister briefly reviewed the application and the Planning Commission recommendation. Responding to a question from Councilmember Duggan, Mr. Budge stated that his Bobcat will be housed in the garage when it is at his home. Councilmember Vitelli moved adoption of Resolution No. 05-90, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SETBACK VARIANCES FOR A REPLACEMENT DETACHED GARAGE AND DRIVEWAY AT 600 VALLEY LANE." Councilmember Schneeman seconded the motion. CASE NO. 05-44, OLSEN Council acknowledged an application from Mr. David Olsen for a conditional use pen-nit for a 1355 square foot attached garage at 2540 Arbor Court. Council also acknowledged associated staff reports. Councilmember Vitelli moved adoption of Resolution No. 05-91 , "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 1355 SQUARE FOOT ATTACHED GARAGE." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05-46, HAGGERTY Council acknowledged an application from Ms. Maureen Haggerty, for a conditional use permit and wetlands permit for a fence at 790 Ridge Place. Council also acknowledged associated staff reports. Councilmember Vitelli moved adoption of Resolution No. 05-92, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND WETLANDS PERMIT FOR A FENCE AT 790 RIDGE PLACE," as amended. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Page No. 15 October 5, 2005 CASE NO. 05-47, BALER Council acknowledged an application from Ms. Alice Baier for a conditional use permit for a fence at 741 Mohican Court. Council also acknowledged associated staff reports. Councilmember Vitelli moved adoption of Resolution No. 05-93, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A FENCE AT 741 MOHICAN COURT." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05-48, CINA Council acknowledged an application from Mr. Rod Cina fourteen foot side yard setback variance for an attached garage at 1281 Delaware Avenue. Council also acknowledged associated staff reports. Councilmember Duggan moved adoption of Resolution No. 05-94, "A RESOLUTION APPROVING A FOURTEEN-FOOT SIDE YARD SETBACK VARIANCE FOR AN ATTACHED GARAGE AT 1281 DELAWARE AVENUE". Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05-49, DYRHAUG Council acknowledged an application from Mr. Timothy Dyrhaug, on behalf of Mr. Alan Landreville, for a critical area permit and three foot height variance for a fence (driveway gate) at 1010 Sibley Memorial Highway. Council also acknowledged associated staff reports. Councilmember Vitelli moved adoption of Resolution No. 05-95, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT AND THREE-FOOT HEIGHT VARIANCE FOR A FENCE (DRIVEWAY GATE) AT 1010 SIBLEY MEMORIAL HIGHWAY." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05-50, FRYKLUND Council acknowledged an application from Mr. Lawrence Fryklund for a two foot sideyard setback variance for a replacement driveway at 1240 Dodd Road. Council also acknowledged associated staff reports. Page No. 16 October 5, 2005 Councilmember Schneeman moved adoption of Resolution No. 05- 96, "A RESOLUTION APPROVING A TWO-FOOT SIDE YARD SETBACK VARIANCE FOR A REPLACEMENT DRIVEWAY AT 1240 DODD ROAD." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05-52, ST. PETER'S Council acknowledged an application from Mr. Chuck Hall on CHURCH behalf of St. Peter's Church for critical area permit, preliminary and final plats, conditional use permit and variance for modifications to an existing vacant house at 1405 Sibley Memorial Highway. Council also acknowledged associated staff reports. Councilmember Schneeman moved adoption of Resolution No. 05- 97, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR MODIFICATIONS TO AN EXISTING VACANT HOUSE AT 1405 SI13LEY MEMORIAL HIGHWAY." Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05-53, HINSON Council acknowledged an application from Dr. Ernest Hinson for a 29-foot front yard setback variance for a replacement monument sign for the Mendakota Animal Hospital, 1938 Dodd Road. Council also acknowledged associated staff reports. Councilmember Vitelli moved adoption of Resolution No. 05-98, "A RESOLUTION APPROVING A 29-FOOT FRONT YARD SETBACK VARIANCE FOR A REPLACEMENT MONUMENT SIGN AT 1938 DODD ROAD." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05-54, CITY OF Council acknowledged an application from City Engineer Sue Page No. 17 October 5, 2005 MENDOTA HEIGHTS McDermott on behalf of the City of Mendota Heights for a wetlands permit and critical area permit for a sanitary sewer protection project on Kingsley Court. Councilmember Duggan moved adoption of Resolution No. 05-99, "A RESOLUTION APPROVING A WETLANDS PERMIT AND CRITICAL AREA PERMIT FOR THE SANITARY SEWER PROTECTION PROJECT AT KINGSLEY ESTATES." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS ADJOURN There being no further business to come before Council, Councilmember Duggan moved that the meeting be adjourned. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:48 p.m. Ka&een M. Swanson City Clerk ATTEST: Johr)- M