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1992-05-01 Council minutesPage No. 3323 May 5, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 5, 1992 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 City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Blesener, Cummins, Koch and Smith. AGENDA ADOPTION Councilmember Blesener moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the March 17, 1992 regular meeting. Councilmember seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved approval of the minutes of the April 7, 1992 regular meeting, with correction. Councilmember Blesener seconded the motion Ayes: 5 Nays: 0 Councilmember Blesener moved approval of the minutes of the April 13, 1992 adjourned meeting. Councilmember Smith seconded the motion Ayes: 4 Nays: 0 Abstain: 1 Koch Councilmember Cummins moved approval of the minutes of the April 21, 1992 regular meeting, with correction. Councilmember Smith seconded the motion Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. Page No. 3324 May 5, 1992 a. Acknowledgment of the Fire Department monthly report for April. b. Acknowledgment of the notice of the League of Minnesota Cities Annual Conference. c. Acknowledgment of a reminder of the May 18th workshop. d. Adoption of Resolution No. 92 -25, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STATE PROJECT NO. 1982 - 112(35E -390) (IMPROVEMENT NO. 91, PROJECT NO. 7)." (I- 35E/TH.13 bridge replacement.) e. Approval of the list of contractor licenses dated May 5, 1992 and attached hereto. f. Approval of the list of claims dated and totalling $194,628.85. g. Adoption of Resolution No. 92 -26, "RESOLUTION APPROVING LAWFUL GAMBLING APPLICATION FOR MARCH OF DIMES." j h. Acknowledgment of part of the minutes of the April 28, 1992 Planning Commission meeting. i. Acknowledgment of the Code Enforcement monthly report for April. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 ARBOR MONTH Councilmember Cummins moved adoption of a Proclamation Acknowledging May as Arbor Month. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 HEARING - CASE 92 -09, Mayor Mertensotto opened the meeting for the ARNDT purpose of a public hearing on an application from Floyd and Claire Arndt for street vacation. Council acknowledged a memo from the Public Works Director recommending that the hearing be continued until after the Planning Commission completes the hearing process on the proposed Arndt subdivision. Mayor Mertensotto asked for questions and comments from the audience. Page No. 3325 May 5, 1992 There being no questions or comments, Councilmember Cummins moved to continue the hearing to June 2nd. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 DAKOTA ALLIANCE FOR Council acknowledged letters from Dakota PREVENTION County Community Services and an associated memo from the City Administrator regarding the creation of a 25 member policy making group, the Dakota County Alliance for Prevention, being formed to carry out the objectives of a long term federal grant to the county to address substance abuse within the county. Ms. Terri Ann Madachek, from the Community Services Division, and Ms. Linda Stein, a Mendota Heights resident and health professional, were present for the discussion. Ms. Stein stated that she has been asked to present the matter to Council because of her concern over issues relating to substance abuse. She asked for Council's support for the program and its appointment of a resident to serve on the committee. Ms. Madachek informed Council that Community Services is asking each city in the County to nominate one resident for appointment, and submitted three names for consideration. She stated that the County Board will review the nominations and approve the appointments. Ms. Madachek stated that the Board is looking for a good cross section of the community, for committee membership including youth, police, clergy, business people and housing representatives. Mayor Mertensotto asked anyone watching the meeting on cable who might be interested in appointment to contact city hall for information. He then reviewed the committee's opportunities and responsibilities. Councilmember Cummins suggested that action be deferred to May 19th to allow interested parties to contact the City Administrator and to allow time to explore the possibility of getting a student representative. It was the consensus to direct the City Administrator to contact the Superintendent of Schools for a list of potential candidates, Page No. 3326 May 5, 1992 and further that Administrator Lawell be the interim representative until a nomination is made. CASE NO. 92-10, Mr. Joseph Carroll, 650 Brookside Lane, was CARROLL present to request approval of a nine foot sideyard setback variance along Laura Avenue and a 14 foot front yard setback variance along Brookside Lane to allow construction of additions on two sides of his home. Mr. Carroll informed Council that he agrees to the conditions recommended by the Planning Commission on removal of the existing garage and driveway and will plant grass in the driveway area when it is removed. Councilmember Cummins moved approval of a 9 foot sideyard setback variance and 14 foot front yard setback variance for 650 Brookside Lane on the condition that the existing driveway and garage be removed. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 WATERMAIN BREAK Council acknowledged a memo from Administrator Lawell regarding the Apache Street watermain damage claims which had been discussed on April 21st. The claimants, Mrs. Steve Gangl, 2201 Apache, Joyce Johnson and Elizabeth Gleisner, 2209 Apache, and Jean Mortensen, 2213 Apache, were present for the discussion. Mayor Mertensotto noted that subrogation claims releases had been received for 2209 and 2201 Apache and that Ms. Mortensen has not filed a written claim. He asked Ms. Mortensen what her claim consists of. Ms. Mortensen stated that the water brought dirt and mud onto the lawn and that she is asking for some lawn maintenance. Council discussed the claims and settlement amounts with the other claimants. Mrs. Gangl and Ms. Johnson and Ms. Gleisner indicated that settlements of $2,500 each would be acceptable. Councilmember Cummins stated that Ms. Johnson provided a detailed list to support her claim of $3,500 but that the city insurer's estimate was $1,538, whereas the Gangl estimate by the city's adjuster more closely related to the Page No. 3327 May 5, 1992 homeowner's claim. He expressed reluctance to consider a negotiated settlement of $2,500 without a good explanation of the disparity between the city adjuster's estimate and that of the property owner. Ms. Johnson stated that her insurer paid $2,500 for damage to the building but that there was no reimbursement for labor. She further stated that the city's adjuster prorated the value of contents rather than using replacement values. Mayor Mertensotto asked if the claimants would execute letters to the City agreeing to the settlements and stating that they will not sue the city for damage claims. All of the claimants stated that they would execute such letters. Councilmember Cummins pointed out that the claims involved $1,200 to $1,300 for clean -up and that while he felt the property owners should be compensated for damage to contents and a limited amount of clean -up time, the clean -up reimbursement should be limited. He felt that settlements of $2,000 would be more reasonable given the amount of clean -up time Mrs. Gangl and Ms. Johnson /Gleisner claim. Councilmember Cummins moved to authorize settlements of $2,000 for 2201 Apache, $2,000 for 2209 Apache, and $100 for 2213 Apache, subject to covenants from the property owners that they will not sue the city. The motion died for lack of a second. Councilmember Blesener moved, subject to covenants that the property owners will not sue the city, to authorize settlements of $2,400/$2,400/$100. The motion died for lack of a second. Councilmember Smith moved to authorize settlements of $2,500 for 2201 Apache and 2209 Apache and a settlement of $100 for 2213 Apache, subject to covenants from the property owners that they will not sue the city. Councilmember Koch seconded the motion. Ayes: 4 Nays: 1 Cummins Page No. 3328 May 5, 1992 CASE NO. 92-06, Council acknowledged an application from ANDERSON Ms. Kathleen Anderson for subdivision, wetlands permit and variance for the former Wodke property located at the southwest quadrant of Third Avenue and Clement Street. Council also acknowledged a letter from the applicant requesting that discussion on the matter be continued to June 2nd. Councilmember Blesener moved to continue discussion on Planning Case No 92-06 to June 2nd at the request of the applicant. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 KENSINGTON ASSESSMENT Council acknowledged two memos from Public Works Director Danielson regarding continued discussion on a request from Centex for reapportionment of assessments distributed against Kensington in a recent assessment split. Mr. Dan Blake, from Centex, was present for the discussion. City Clerk Swanson informed Council that the County has agreed to accept a change in the assessment distribution, which would become effective with taxes payable in 1993. She indicated that the re-distribution would not affect payments already made by Centex on the assessments. Any city reimbursement for past payment would need to be made directly to Centex by the city. Mr. Blake indicated that Centex is concerned with the current value of the assessments and is not asking for reimbursement of payments made. Mayor Mertensotto stated that when the request was brought before Council on April 21st, Council was bothered that Centex was trying to classify the Kensington park as something other than a neighborhood park. He pointed out that if the city requests a developer to dedicate land rather than a cash contribution to fulfill its park dedication, it has not been the practice of the city to assess the park land for public improvements. He further stated that in the Kensington case, assessment was discussed because a 27 acre park dedication was envisioned. Page No. 3329 May 5, 1992 Mr. Blake responded that all of the assessments were spread against the Centex property when the Mendota Heights Road project was originally assessed but that there was some assumption that when the City took over the park land it would assume a share of the assessments. Mayor Mertensotto stated that the project was assessed in 1989 and that he is troubled that nothing was stated about assessments in the Centex lawsuit settlement agreement. He pointed out that Centex only contributed a 100 land dedication. He further stated that he is very concerned that when the question about two additional soccer fields was raised recently and the city tried to acquire 25 to 30 feet of land from Centex, the city was told it could purchase the property for $34,000 to $37,000 per acre. He felt that the Centex response did not warrant Council giving Centex special consideration for assessments where it contributed no more than the 10% minimum dedication. Mr. Blake responded that he understood at the j last meeting that the only issue needing to be -' addressed was how to work out the details. Mayor Mertensotto pointed out that no action was taken at the last meeting. Councilmember Smith asked whether the Kensington park required any additional expenditures in constructing the street than would have been required if it were a regular park without parking lot or soccer fields. Public Works Director Danielson responded that it did not. Councilmember Blesener stated that when the assessment roll was adopted, assessments were to be assumed by the city for the park. She felt that it is logical to pro -rate the amount because provision was made at the time of assessment roll adoption for the city to share in the assessments. She felt that the city should have some assessment obligation given what transpired in the past. Councilmember Smith stated that the roll was approved at the time when the city was to assume an extraordinary park dedication, and Council was bending over backwards because of the dedication size. She pointed out that Page No. 3330 May 5, 1992 Kensington is the only development in the city that has over 300 units. Mayor Mertensotto informed Council that, for purposes of negotiation, he had asked staff for information on the size of Kensington Outlot B and whether it could be used for park purposes. Councilmember Koch stated that a decision was made about assessments in 1989 because of the large proposed land dedication, and that while the size of the dedication has changed she felt that the park is different from other neighborhood parks in the city and some arrangement should be made for assessments. Councilmember Cummins stated that he feels the soccer field area constitutes a community park and the other land is neighborhood open space. He suggested assuming assessments for the soccer field area as a compromise. Public Works Director Danielson stated that the soccer field area is about 8 acres in size. Mayor Mertensotto responded that to do so would be to give the developer an assessment break on an easement.area which could not have been used for development but has instead been incorporated into a park. Mr. Blake responded that the easement area is about 1/2 acre. Mr. Blake stated that if the Kensington park were a typical use of a Mendota Heights park and not soccer fields with concession stands and 80 car parking, it would possibly add value to the Kensington project. He felt that the park use will decrease Kensington property value. He stated that if Council would agree to an assessment based on the formula in the Public Works Director's memo, Centex would consider deeding Outlot B to the city. Councilmember Smith stated that she does not think the city should be held to a promise made in 1989 for additional park land but not kept by Centex. Mayor Mertensotto pointed out that reference to assessing park property was made in the feasibility study for Kensington, but not in the assessment roll which was adopted. Page No. 3331 May 5, 1992 Public Works Director Danielson informed Council that the assessment roll had a large amount of assessments placed on one small lot owned by Centex, and that this amount was spread when the Kensington plats were filed late last year. Administrator Lawell pointed out that the only reference to assessing park land was made in the feasibility report, and that was prepared when a 27 acre park dedication was envisioned. Councilmember Cummins suggested tabling the matter to the next meeting and directing staff to look at the issue in light of past city policy on community versus neighborhood park assessments, and further to direct staff to prepare a specific recommendation for the next Council meeting to reflect city policy and recommending alternatives for distributing assessments. Mr. Blake voiced an objection to tabling the matter. Councilmember Smith moved to deny the Centex request for distribution a portion of the assessment to park land based on the fact that the agreement was made at the time the city was to receive nearly double the park dedication, that the agreement is no longer in affect and therefore is not binding on the city, and further that it is the policy of the city that it does not underwrite street costs for minimum donation parks. Mayor Mertensotto seconded the motion for discussion. Councilmember Smith stated that the original assessment consideration was a negotiated when the city was considering a much larger park contribution. She pointed out that the city was involved in a long lawsuit with Centex and the assessment credit being requested did not appear in the settlement. Mr. Blake responded that Centex always operated on the assumption that the assessments would be re-spread on the same per acre basis as was addressed in the feasibility report and was not given any notice when the assessment split was processed. He stated that the land owner should have been notified before the split was processed and Council should have discussed it at that time. Page No. 3332 May 5, 1992 Councilmember Blesener stated that she feels the city has erred, and pointed to a letter from city staff to Centex stating that assessments would be distributed to the 27 acres of park after its dedication. She felt that Centex had a right to believe that the park land would be assessed based on the letter and had no chance to appeal how the assessments were spread. Councilmember Smith pointed out that the city has received a minimum park dedication and did not receive the 27 acres referenced in the letter. Mr. Blake responded that Centex did not fight the city on its park plan and is not happy with much of the plan and how it has changed. He stated that the park has an affect on the development and how Centex uses and sells the land. Councilmember Blesener stated that all Centex is asking is for the city to assess the 13 acres of park, and that in this case a settlement was negotiated for the entire development and that the developer relied on the information provided to them, including the city commitment to park assessment. She felt that if city policy has always been that it should never assume assessments on park dedication, Council should only have been talking originally about assessing the 14 acres of land that exceeded the minimum dedication. VOTE ON MOTION: Ayes: 2 Mertensotto /Smith Nays: 3 Blesener /Cummins /Koch Councilmember Blesener moved that the city assume $26,000 in assessments on the condition that the developer deed Outlot B to the City. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 1 Smith BRIDGEVIEW SHORES Council acknowledged memos from the Public THIRD ADDITION Works Director regarding the Marvin Anderson Homes application for preliminary plat approval for the Bridgeview Shores 3rd Addition. Council also acknowledged receipt Page No. 3333 May 5, 1992 of a copy of a letter from Marvin Anderson's legal counsel, Dale Happe, to Mr. Bernard Friel informing Council that Marvin Anderson will deed Outlots C,D,E and F to Mr. Friel after approval of the plat. Mr. Marlin Grant and Mr. Fred Haas, from Marvin Anderson Homes, and Mr. Norman Linnell, representing the Bridgeview Shores residents, were present for the discussion. Mayor Mertensotto pointed out that when Council continued discussion on the matter at its March 5th meeting, Council had a number of questions over elevations of building pads. He stated that there has also been a question raised that one of the homes on the south side of the pond has landscaping right up to the water's edge. He suggested that the city should require a scenic easement around the ponds in the proposed plat. Mayor Mertensotto asked Public Works Director Danielson to review his findings on elevations. Mr. Danielson responded that all of the elevations of the building pads are above the three foot elevation required by ordinances. He informed Council that when scenic easements have been required in the past, staff has established a survey line around ponds based on a minimum of 15 to 20 feet. Mr. Haas informed Council that expressed concern over the lot the Mayor. He stated that the installed in an effort to stop that it is the intent to allow after the erosion is controller Mr. Friel had pointed out by landscaping was erosion and natural growth 1. Mr. Danielson informed Council that when scenic easements have been required in the past, staff has established a survey line around ponds based on a minimum of 15 to 20 feet. The easement is then filed with the plat. Mayor Mertensotto suggested that the plat could also specify the high water elevation for the ponds and that Council can also specify that basement floors should be at a minimum elevation of four feet for any future homes in the 2nd Addition and all of the homes in the 3rd Addition. The existing structures which have 3 foot basement elevations would be grandfathered. Page No. 3334 May 5, 1992 Mr. Randy Hedlund, Marvin Anderson's engineer, stated that specifying a four foot minimum basement elevation should present no problems. With respect to the provision of a scenic easement, Mr. Hedlund stated that he would prepare the survey line for the scenic easement. Mr. Linnell stated that the Bridgeview shores residents have reached a settlement with Marvin Anderson Homes, and that based on the settlement, the residents no longer oppose the plat approval request. He briefly informed Council on the terms of the agreement. Mr. Grant confirmed that Marvin Anderson Construction and Marvin Anderson Homes have agreed to the conditions of the agreement. Mayor Mertensotto responded that the city will use the agreement as part of the approval of the plat and that the agreement must be recorded with the plat. He pointed out that the city will have the right to withhold building permits if there is any deviation from the agreement. Mayor Mertensotto asked Public Works Director Danielson if he is contemplating that assessments for the Bridgeview Shores improvements will include a reserve amount to be dedicated to the cost of improving Pagel Road. Mr. Danielson responded that it is planned to improve the portion of Pagel Road adjacent to the development as part of the Bridgeview Shores improvements but no improvements have been planned on Pagel Road beyond that. Mayor Mertensotto stated that the Pagel Road residents would have a legitimate complaint over being assessed for improvements on Pagel Road, and suggested that to lessen their burden something should be added to the assessments for Bridgeview Shores 3rd to assist in future Pagel Road improvements. Public Works Director Danielson responded that the matter can be considered at the Bridgeview Shores assessment hearing if desired. He stated that heavy construction traffic during Page No. 3335 May 5, 1992 construction of the development will likely impact the road surface. Councilmember Blesener stated that Pagel Road is beyond its useful life now. She suggested escrowing funds to pay for the extraordinary damage that may occur to the road because of the Bridgeview Shores project. Mayor Mertensotto responded that it would have to be built to higher standards because of traffic from Bridgeview Shores. Attorney Hart stated that an appraiser should be retained if improvement to Pagel Road is considered. Public Works Director Danielson informed Council that the public improvement contractor has notified him that he can begin construction immediately if the plat is approved. With respect to the issue of wetlands setbacks, Mr. Grant stated that the size of the homes which will be required because of the agreement with the area residents will impact wetlands setbacks. Councilmember Smith suggested that the developer's agreement for the plat require that the DNR elevation be used when identifying wetlands location. She stated that she understands that the setbacks that have been used in Bridgeview Shores were based on 1988 levels. Mr. Hedlund responded that there was some question on what the DNR high water elevation is and that there was a misunderstanding between what he felt the elevation and what the city was using. He stated that there were some infringements on the DNR contour in the First Addition and that some of the homes are closer to the wetlands than they were approved to be. He also stated that there has been a question of interpretation - he used a measurement from the foundation of the homes to the wetlands, versus city staff which used a measurement from decks in their report to the Council. He asked that Council approve an adjustment for the setbacks previously approved for Bridgeview Shores 3rd Addition. Page No. 3336 May 5, 1992 Mayor Mertensotto suggested that if the plat is approved, council should require the following conditions: payment of the park contribution prior to plat execution; dedication of a twenty foot scenic easement around the ponds, shown on the plat; the plat should show the 870.5 high water line, basement elevations should be stipulated on the plat as being a minimum of four feet above the high water mark; and agreement from Marvin Anderson Homes and Marvin Anderson Construction to use four foot basement elevations in the remainder of Bridgeview Shores 2nd Addition. Councilmember Smith pointed out that five lots in the 2nd Addition are in violation of the approved wetlands setbacks. Mr. Hedlund responded that four of the measurements were taken from decks. He pointed out that there is an outlet on the pond, so it is at its maximum height. Mr. Grant stated that one problem is that, to satisfy the people north of one of the ponds, there was a block put into the invert to the pond, which raised the pond elevation one foot. Mayor Mertensotto stated that the applicants will have to file applications for wetlands permits to bring the non-conforming structures into conformance, and that all future construction must conform to approved wetlands setbacks. Mayor Mertensotto stated if Council wishes to approve the plat, staff should be directed to set forth all of the conditions for approval in a formal resolution, including incorporation of the agreement between Marvin Anderson and the Bridgeview Shores residents into the resolution, for distribution to Council, the developers and Mr. Linnell. He pointed out that the resolution would also need to withdraw approval of the plat approved in the past and that the final plat must be in accordance with the resolution. Mr. Hedlund stated that he has a schedule of wetlands setbacks which he will submit to Mr. Danielson. Page No. 3337 May 5, 1992 Councilmember Blesener stated that the schedule should be incorporated into the resolution. Councilmember Blesener moved to approve the preliminary plat for the Bridgeview Shores 3rd Addition subject to the conditions stipulated by Council and to direct staff to prepare a resolution for consideration on May 19th setting forth all of the conditions. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Blesener moved to release the city's utility contractor to commence work immediately on the public improvements contract for Bridgeview Shores 3rd Addition. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92-11, Mr. Dale Glowa, from United Properties, was VGC VARIANCES present to request approval of the preliminary plat for the Mendota Heights Business Park 3rd Addition, variances from the sign setback, parking ratio and parking stall width requirements and building permit for the VGC facility proposed to be located on Lot 1, Block 1. Mr. Glowa informed Council that, in order to avoid the need for variance processing in the future, he would like to request that the Zoning ordinance be modified with respect to parking ratios, sign setbacks and parking stall widths. With respect to the ordinance modification request, Mayor Mertensotto pointed out that developers in the future will not always show that there is adequate space available for future parking in the event that the use of a property changes. Mr. Glowa responded that where a use changes and density increases, a building permit would be necessary and the City could make sure at that time that the site provides for parking. Mayor Mertensotto stated that he would prefer approval of variances in accordance with the existing ordinance requirements. Councilmember Cummins moved approval of the preliminary plat for the Mendota Heights Business Park 3rd Addition, approval of the issuance of a building permit for the VGC Page No. 3338 May 5, 1992 facility, subject to staff review and approval of the plans, approval of a 20 foot sign setback variance, a parking ratio of 4 spaces per 1,000 square feet of gross floor area, and a parking stall width variance to allow 8 1/2 foot wide parking stalls, conditioned upon the city reserving the right to implement the proof of parking plan dated October 29, 1991 and revised on April 21, 1992 should conditions that require additional parking and /or should the ownership change, and further conditioned upon payment of the required park dedication fee. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MENDOTA INTERCHANGE Council acknowledged a memo from Engineer Klayton Eckles recommending approval of the methodology used for calculation of cost sharing for the storm water construction costs involved in the Mendota Interchange Project and approval of a permit to allow Mn /DOT to construct holding ponds on city -owned Lots 8 and 9, Perron Place, Block 1 and part of Lots 5, 6 and 7, Block 2, Perron Place and part of Victory Avenue adjoining Lots 5, 6 and 7 (former Tousignant property). Engineer Eckles explained that informed Council that construction of the holding pond on the city - owned property will save approximately .$50,000. He stated that Mn /DOT will maintain the storm sewer system, but that the ponding area maintenance will be the responsibility of the future owner of the property. Mr. Eckles reviewed several reasons why approval of the concept of cost splitting is more appropriate than stipulating an actual dollar cost to the city. Councilmember Blesener stated that Mn /DOT dumped a dirt on its right -of -way at Lexington and T.H. 110 several years and felt that Mn /DOT should be charged with cleaning up the corner as part of any intersection improvements. After discussion, Councilmember Cummins moved to approve the cost sharing methodology for Mendota Interchange storm sewer costs as outlined in Engineer Eckles' memo dated April 28, 1992, and as worked out with Barr Page No. 3339 May 5, 1992 Engineering. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 92-27, "RESOLUTION AUTHORIZING EXECUTION OF TEMPORARY CONSTRUCTION PERMIT," authorizing the Mayor and City Clerk to execute the Mn/DOT construction permit for pond construction. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 STREET REHABILITATION Council acknowledged a memo from Engineer Eckles regarding the proposed street rehabilitation policy. It was the consensus of the Council that the proposed policy be scheduled for discussion at the May 18th Council workshop. TARGET ISSUES Councilmember Blesener moved to adopt the City's 1992 Target Issue Priority List. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 JOINT WORKSHOP Council acknowledged a memo from the City Administrator regarding the scheduling of a joint council/commission workshop. Councilmember Cummins moved to direct the City Administrator to schedule joint evening meeting with the Park and Recreation Commission and to defer consideration of meeting with the Planning Commission until fall. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92-02, Council acknowledged a memo from the City ROTTLUND Administrator and proposed resolution and findings of fact regarding the Rottlund Company applications for rezoning, and conditional use permit for planned unit development. Councilmember Smith suggested that a clause should be added to state that while the Comprehensive Plan was changed in 1985 to designate the property for HR-PUD, a number of substantial changes have taken place since Page No. 3340 May 5, 1992 that time which may render the designation inappropriate for the southeast area. City Attorney Hart pointed out that the word "property" in the second finding should be changed to "project." Councilmember Blesener stated that the April 21st minutes reflect her comments at that meeting and that she disagrees with each and every one of the nine findings contained in the resolution. Councilmember Koch moved adoption of Resolution No. 92 -28, "A RESOLUTION AND FINDINGS OF FACT WITH RESPECT TO APPLICATION OF THE ROTTLUND COMPANY, INC. APPLICATION FOR REZONING, CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT AND SUBDIVISION," as corrected and revised to include the clause proposed by Councilmember Smith. Councilmember Smith seconded the motion. Ayes: 3 Nays: 2 Blesener, Cummins Councilmember Smith stated that at one time Council directed a study to find whether the designation for the Rottlund site is appropriate and that the finding was that it would be appropriate to change the designation if Council finds that there should be something different in the area. She felt that substantial changes have been made in the area and that the site would be more appropriately designated as MR -PUD. Administrator Lawell stated that the process to change the designation must be either a petition from the property owner or a direction from Council to the Planning Commission to investigate a change to the Comprehensive Plan. He stated that if this is Council's desire, it should instruct staff to initiate the procedure for amending the comprehensive plans for the Rottlund Homes parcel from HR to MR -PUD. Councilmember Smith moved to direct staff to commence the necessary procedure to amend the Comprehensive Plan designation on the Rottlund Homes parcel from HR -PUD to MR -PUD. Ayes: 4 Councilmember Koch seconded the motion. Nays: 1 Blesener Page No. 3341 May 5, 1992 AIR NOISE Mayor Mertensotto reviewed a letter from the MAC Chair responding to the City's demand for a corridor change. He stated that the city's intent is not to attempt to redefine the corridor, but rather to redefine the operational requirements within the corridor, and that concessions must be made to flight operations, primarily on take-offs. He informed Council that staff is working on an ANLEF brochure and stated that Council should call a public hearing to reconsider the ANLEF resolution to extend it for an additional two months beyond the June 1st deadline. Councilmember Blesener stated that perhaps the low level of response to the fund should indicate that it is not the correct approach and that the Council may need to rethink its approach - that it is simply an obligation that the City must take on. Councilmember Cummins stated that he agrees that the MAC letter was a typical delay tact and that Council should do more aggressive fund-raising for ANLEF during the next three months. He felt that the brochure should be completed and distributed and that Council should then call for a hearing. He further stated that he would have no objection to extending the deadline to September or October. Mayor Mertensotto suggested that the City also drop its participation in MASAC to let the MAC know that Council is not interested in having the matter referred back to MASAC. It was the consensus that Council consider MASAC withdrawal at the June 2nd meeting and also that it conduct a public hearing on ANLEF on June ,2nd. COUNCIL COMMENTS There were several comments regarding snowplowing damage repairs and potholes which need filling. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that Page No. 3342 May 5, 1992 the meeting be adjourned to the May 18th Ayes: 5 workshop. Nays: 0 Councilmember Koch seconded the motion. TIME OF ADJOURNMENT: 10:55 o'clock P.M. thleen M.- Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL MAY 1, 1992 Masonry License BD Concrete Gas Piping Licenses Cedar Valley Heating & A/C Cronstroms Heating & A/C General Cont. License Arteka Natural Green Heating & Air Conditioning Licenses Cedar Valley Heating & A/C Cronstroms Heating & A/C Sian Erecting License Midway Sign Co., Inc.