Loading...
1989-09-05 Council minutesPage No. 2660 September 5, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 5, 1989 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, Hartmann and Witt. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Hartmann moved adoption of the revised agenda for the meeting, as amended to move items 8b, c, f and i to the Consent Calendar. Councilmember Cummins seconded the motion. Councilmember Witt moved approval of the minutes of the August 15th meeting. Councilmember Hartmann seconded the motion. Councilmember Witt moved approval of the minutes of the August 16th Election Canvassing Board meeting. Councilmember Blesener seconded the motion. Councilmember Hartmann moved approval of the minutes of the August 22nd and August 29th meetings. Councilmember Blesener seconded the motion. Councilmember Witt moved approval of the amended consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 22nd Planning Commission meeting. Ayes: 5 Nays: 0 MENDAKOTA PROPERTY Ayes: 5 Nays: 0 COUNCIL RESIGNATION Ayes: 4 Nays: 0 Abstain: 1 Witt Page No. 2663 September 5, 1989 presented in the Public Works Director's report and to authorize the Mayor to execute the Pierringer Release on behalf of the City. Councilmember Witt seconded the motion. Council acknowledged a report from the City Administrator regarding a City offer for purchase of the C.G. Rein (Mendakota) property. Councilmember Cummins moved to direct staff to engage Blake Davis Associates to prepare an appraisal of the Mendakota property for potential City purchase for athletic fields. Councilmember Witt seconded the motion. Council acknowledged a letter of resignation from Councilmember Witt from her Council seat. Councilmember Witt informed Council that she is planning on making application for the City Administrator position and that she is submitting her resignation, effective on September 8th, so that the integrity of the Administrator recruitment process can be maintained. Councilmember Hartmann moved to regretfully accept Councilmember Witt's resignation and to declare a Council vacancy effective at midnight on September 8th. Councilmember Blesener seconded the motion. Staff was directed to place notices of the vacancy in the local newspapers, inviting interested and eligible residents to submit applications to the Mayor in care of City Hall through 4:00 p.m.on September 29th. James Losleben, 815 Hazel Court, stated that some cities appoint the highest vote getter from the last election to vacancies, and asked Council's position on such appointment. Ayes: 5 Nays: 0 PUBLIC COMMENTS CORNICK LAWSUIT Page No. 2662 September 5, 1989 OF LOT 2, BLOCK 5, ROLLING GREEN ADDITION," (Case No. 89-33) along with a five foot sideyard setback variance to the south property line for the existing residence at 1899 Walsh Lane. m. Approval of the specifications for two snow plow wings and authorization for staff to advertise for bids. Councilmember Hartmann seconded the motion. Mr. Joe Maegher asked for an update on Council's shuttle diplomacy approach to the aircraft noise issue. Mayor Mertensotto responded that Council has retained the services of Braslau and Associates for preparation of a study of the information received under the City's request under the Freedom of Information Act. He informed the audience that Council briefly discussed the aircraft corridor issue at the pre-meeting workshop which had been scheduled and conducted at 7:00 P.M. this evening. He further informed the audience that Braslau and Associates will make a formal presentation of its findings at the September 19th Council meeting. Mr. Ultan Duggan commented on his inability to sell his home on Hazel Court because of the impact of air noise, and asked that Council consider the possibility of hiring students to monitor and record air traffic flying outside of the established corridor. Mr. James Losleben, 815 Hazel Court, asked why the workshop was held in the small conference room rather than a larger area in which members of the public could listen to the discussion. Mayor Mertensotto responded that the larger conference room had already been scheduled for use and was not available to Council. Council acknowledged a report from Public Works Director Danielson regarding settlement of the Cornick lawsuit. Councilmember Blesener moved to authorize settlement of the Cornick lawsuit as Page No. 2661 September 5, 1989 b. Acknowledgment of the Engineer's Project Report dated August 29, 1989. c. Acknowledgment of a letter from House Speaker Robert Vanasek acknowledging Councilmember Cummins' endorsement for appointment to the State Advisory Council on Metropolitan Airport planning. d. Adoption of Resolution No. 89 -95, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 88, PROJECT NO. 1," authorizing final payment of $3,702.35 to Ceca Utilities, Inc. for work completed on the Bridgeview Shores project. e. Adoption of Resolution No. 89 -96, "RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS 7TH ADDITION." f. Acknowledgment of a letter from Mn /DOT Commissioner Leonard Levine regarding the consolidation of Districts 2 and 9. g. Acknowledgment of a report from the City Administrator regarding purchase of the Swenson,Huebner and Luchsinger properties located in the Furlong neighborhood. h. Approval of the list of contractor licenses dated September 5, 1989 and attached hereto. i. Approval of the list of claims dated September 5, 1989 and totalling $277,013.27. j. Approval of a one foot rear yard setback variance for Mr. Kenneth Schweiger, Case No. 89 -32, to allow construction of a bedroom addition at 683 Ocala Lane 29 feet from the rear property line. k. Adoption of Resolution No. 89 -97, "RESOLUTION EXPRESSING SUPPORT OF A WEST ST. PAUL LOCATION FOR NORTHERN DAKOTA COUNTY LIBRARY." . Adoption of Resolution No. 89 -98, "A RESOLUTION APPROVING THE LOT DIVISION ACTING MAYOR Ayes: 4 Nays: 0 Abstain: 1 Witt Ayes: 5 Nays: 0 ASSESSMENT HEARING: HIGHWAY 13 WATERMAIN Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ASSESSMENT HEARING: BRIDGEVIEW SHORES Ayes: 5 Nays: 0 Page No. 2664 September 5, 1989 Mayor Mertensotto stated that it is not Council's intention to use that criteria nor has that been past City practice. He then read for the audience the eligibility criteria which is contained in the League of Minnesota Cities Handbook. Councilmember Cummins moved that Councilmember Biesener be appointed Acting Mayor, effective on September 9th. Councilmember Hartmann seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed assessment roll for the Highway 13 watermain improvement project, and asked for questions and comments from the audience. There being no questions or comments from the audience, Councilmember Cummins moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Biesener moved adoption of Resolution No. 89 -99, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR WATERMAIN EXTENSION TO SERVE 1176 SIBLEY MEMORIAL HIGHWAY AND ADJACENT AREAS (IMPROVEMENT NO. 87, PROJECT NO. 6)." Councilmember Witt seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed assessment roll for the Bridgeview Shores 1st Addition public improvements, and asked for questions and comments from the audience.. There being no questions or comments from the audience, Councilmember Cummins moved that the hearing be closed. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 ASSESSMENT HEARING: VAL'S ADDITION Ayes: 5 Nays: 0 Page No. 2665 September 5, 1989 Councilmember Witt moved adoption of Resolution No. 89 -100, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, STREETS AND CURB AND GUTTER IMPROVEMENTS TO BRIDGEVIEW SHORES 1ST ADDITION SUBDIVISION (IMPROVEMENT NO. 88, PROJECT NO. 1)." Councilmember Hartmann seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed assessment roll for the Val's Addition improvement project, and asked for questions and comments from the audience. Council acknowledged a report from Engineer Klayton Eckles informing Council of a dispute between Mr. Art Kuross and Mr. Valdis Mickelsons over the distribution of the costs of tree removal. Mr. Kuross and Mr. Mickelsons, both present for the discussion, each presented arguments to Council. After meeting outside of the Council Chambers to try to resolve their differences at the suggestion of Council, the two parties informed Council that they were not able to come to an agreement. There being no further questions or comments from the audience, Councilmember Cummins moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Cummins felt that the additional cost incurred by Mr. Kuross on behalf of the holding pond were the result of circumstances over which Mr. Mickelsons had no control, and that the original agreement between the two parties that project costs be distributed on a 60% Kuross 40% Mickelsons ratio should prevail. He supported the assessment roll reflecting assessments of $18,931.21 against each of the lots in Block 2. Councilmember Cummins moved adoption of the proposed assessment roll for Val's Addition improvements, as prepared based on the Ayes: 2 Nays: 3 Mertensotto Hartmann Witt Ayes: 3 Nays: 2 Blesener Cummins ASSESSMENT HEARING: COPPERFIELD 4TH Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ASSESSMENT HEARING: EXECUTIVE DRIVE Page No. 2666 September 5, 1989 original agreement between the parties. (Mickelsons plan.) Councilmember Blesener seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 89 -101, "RESOLUTION ADOPTING AND CONFRIMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, STREETS AND CURB AND GUTTER IMPROVEMENTS TO SERVE VAL'S ADDITION (IMPROVEMENT NO. 88, PROJECT NO. 8) (Kuross plan). Councilmember Witt seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed assessment roll for the Copperfield 4th Addition improvements, and asked for questions and comments from the audience. There being no questions or comments from the audience, Councilmember Blesener moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Witt moved adoption of Resolution No. 89 -102, "RESOLUTION ADOPTING AND CONFRIMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, STREETS AND CURB AND GUTTER IMPROVEMENTS TO COPPERFIELD IV SUBDIVISION (IMPROVEMENT NO. 88, PROJECT NO. 2)." Councilmember Blesener seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed assessment roll for Executive Drive improvements, and asked for questions and comments from the audience. There being no questions or comments from the audience, Councilmember Cummins moved Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ASSESSMENT HEARING: MENDOTA HEIGHTS ROAD Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ASSESSMENT HEARING: SIBLEY HEIGHTS ADDN. Page No. 2667 September 5, 1989 that the hearing be closed. Councilmember Blesener seconded the motion. Councilmember Biesener moved adoption of Resolution No. 89 -103, "RESOLUTION ADOPTING AND CONFRIMING ASSESSMENTS FOR WATER, STORM SEWER, GRADING, STREET LIGHTS AND STREET IMPROVEMENTS TO SERVE EXECUTIVE DRIVE (IMPROVEMENT NO. 89, PROJECT NO. 2)." Councilmember Witt seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed assessment roll for the Mendota Heights Road /Huber Drive improvements, and asked for questions and comments from the audience. Mr. Steve Patrick, 737 Mendota Heights Road, asked how the project affects his property. Public Works Director Danielson responded that the Patrick property was assessed only on an area basis for storm sewer improvements constructed in Mendota Heights Road. There being no further questions or comments from the audience, Councilmember Blesener moved that the hearing be closed. Councilmember Cummins seconded the motion. Councilmember Biesener moved adoption of Resolution No. 89 -104, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, STREETS AND CURB AND GUTTER IMPROVEMENTS TO SOUTHEAST AREA ( MENDOTA HEIGHTS ROAD & HUBER DRIVE, M.S.A. PROJECTS NO. 140 - 104 -02 & 140 - 103 -08, IMPROVEMENT NO. 86, PROJECT NO. 1)." Councilmember Witt seconded the motion. Mayor Mertensotto opened the meeting for for the purpose of a public hearing on the proposed assessment roll for the Sibley Heights Addition improvement project, and asked for questions and comments from the audience. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ASSESSMENT HEARING: VICTORIA HIGHLANDS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ADMINISTRATOR RECRUITMENT Page No. 2668 September 5, 1989 There being no questions or comments from the audience, Councilmember Hartmann moved that the hearing be closed. Councilmember Cummins seconded the motion. Councilmember Witt moved adoption of Resolution No. 89 -105, "RESOLUTION ADOPTING AND CONFRIMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, STREETS AND CURB AND GUTTER IMPROVEMENTS TO SERVE SIBLEY HEIGHTS (IMPROVEMENT NO. 87, PROJECT NO. 5)." Councilmember Hartmann seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed assessment roll for the Victoria Highlands subdivision improvement project, and asked for questions and comments from the audience. There being no questions or comments from the audience, Councilmember Cummins moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 89 -106, "RESOLUTION ADOPTING AND CONFRIMING ASSESSMENTS FOR SEWER, WATER, STORM SEWER, STREETS AND CURB AND GUTTER IMPROVEMENTS TO SERVE VICTORIA HIGHLANDS SUBDIVISION (IMPROVEMENT NO. 87, PROJECT NO. 7)." Councilmember Witt seconded the motion. Council acknowledged and discussed a City Administrator recruitment profile prepared by Administrator Frazell. It was Council consensus that the document be revised to delete reference to relocation of the Cray Research corporate headquarters. Councilmember Cummins moved to adopt the Ayes: 4 Nays: 0 Abstain: 1 Witt Ayes: 4 Nays: 0 Abstain: 1 Witt Ayes: 4 Nays: 0 Abstain: 1 Witt CASE NO. 89-03, DUFFY DEVELOPMENT: LEXINGTON PLAZA Page No. 2669 September 5, 1989 Administrator Recruitment Profile as amended. Councilmember Hartmann seconded the motion. Councilmember Blesener moved to appoint Public Works Director Danielson as the Acting City Administrator until a permanent replacement is found, with additional salary compensation of $200 per month and a car allowance of $175 per month. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved that Administrative Assistant Kevin Batchelder be appointed as the coordinator of the City Administrator recruitment process. Councilmember Cummins seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a continued hearing on an application from Duffy Development for redevelopment of the southeast corner of T.H. 110 and Lexington Avenue. Mr. Duffy gave a slide presentation on his proposal for a B-2 zoned 25,000 square foot strip shopping center. Mr. Duffy explained changes in the proposal, including the addition of a turn lane at the intersection with Lexington and the introduction of a stacking lane for the proposed bank. He stated that he has two vacancies going into the project and that most of the leases have been signed -- those remaining unsigned will be signed before ground is broken. He also explained that setback variances will be required for two pylon signs (one for the center and one for the convenience store/service station) because of the location of the frontage road. Mr. Duffy reviewed topographic information, proposing that a five foot cut be made into the site, which would result in a floor elevation at the rear of the building five feet lower than the Ethan Allen building. The commercial and residential properties Page No. 2670 September 5, 1989 would be divided by a continuous berm with a top elevation of 946. The building elevation is 937, and the top of the berm will be 9 to 10 feet higher than the elevation of the center until the berm gets to the Ethan Allen structure, which has an elevation of 942. He stated that there will be a 3:1 slope on the berm and that it is proposed to build trash containers into the berm. He described the landscape plan and informed the Council and audience that the building will be brick on all four sides with a mansard roof on all four sides, 3 foot high to screen the mechanical units. Mr. Duffy asked for preliminary plat approval and further asked for discussion on proposed uses he would like included in the B-2 District and a proposal to allow a furniture store, minor auto repair, and drive-in bank be allowed as use variances in the Planned Unit Development. Mayor Mertensotto expressed concern over inclusion of minor auto repair as part of the PUD, suggesting that the use should specifically be limited to a certain percentage of the center. Administrator Frazell explained that use variances under the PUD section of the Ordinance restrict the use only to the proposal before Council this evening. Someone could run the same type of business in the same spot in the center, but could not expand the use. Mayor Mertensotto noted that Mr. Tom Curley had agreed at a previous meeting that he would place a covenant on the residential lots that the existing walls and trees will not be removed until the new berm and plantings are in place. He felt that this should be incorporated into the developer's agreement. Mr. Duffy stated that Mr. Curley would agree to the provision. He also stated that Mr. Curley agrees to a six pump limitation for the service station. Treasurer Shaughnessy explained the proposed use of Tax Increment financing for the project and informed Council that an agreement covering financial requirements Page No. 2671 September 5, 1989 of the developer, including letters of credit against taxes, is in process. Mayor Mertensotto asked for questions and comments from the audience. Mr. Harry Wise stated that the proposed elevations represent a big improvement over past proposals although he would still like lower elevations. He observed that the Ethan Allen Carriage House is on B-3 zoned land and the same type of facility is proposed for the Curley site. He felt that it would be appropriate to make the zoning consistent, especially since Mr. Curley also owns the Carriage House site, rezoning the Carriage House site to B-2. Administrator Frazell pointed out that a rezoning hearing would be necessary for such a proposal. City Attorney Hart stated that he feels it is a legitimate planning concern and could be worked into an agreement, within the conditional use permit or separately. Mr. Wise suggested that it would be a good idea for Council to define what it considers to be satisfactory screening for the berm. He also stated that there has been no discussion over carrying the berm and trees behind the Ethan Allen building - - the berm effectively tapers down where the pavement is introduced - and he would like to see the berm elevation remain the same for its full length. Mayor Mertensotto pointed out that the developer's agreement will call for a covenants against all of the residential lots stipulating that the existing screen cannot be removed until the new screening is in place. Councilmember Cummins stated that the landscaping plan will become part of the conditional use permit and the developer must comply with the plan. With respect to the berm elevation, Mayor Mertensotto directed that staff address the issue in the agreement -- whether the berm remains at the same elevation or is allowed to taper. Page No. 2672 September 5, 1989 Mr. Duffy responded that the berm could be kept at the same elevation. Councilmember Blesener referred to Planner Dahlgren's August 31st report and felt that the concerns addressed in the report should be incorporated into the conditional use resolution. Mr. Duffy responded that all of those concerns have been addressed in the plan before Council. Councilmember Blesener asked that staff put all of the recommended conditions into one package for Council to review. Councilmember Cummins stated that one of the staff memos indicated that the City has contemplated $400,000 to $450,00 in Tax Increment financing and that he would like to see a cap of $450,000 in financing stipulated in the agreement. Mr. Duffy stated that the majority of tax increment money would be used for acquisition of the SOS property, and that the developers would certainly agree to a cap on the $100,000 in TIF proposed for the balance of the project. He also informed Council that developer is going to dedicate the necessary right-of-way. Treasurer Shaughnessy informed Council that the City has an appraisal for the SOS property and that SOS has presented a counter offer. Councilmember Cummins stated that his concern is that the Council has been informed that a $450,000 investment level pay back will take the full 17 years remaining in the Tax Increment District. He was concerned that if Council considered any greater dollar amount it may not be possible to recapture the full amount. Treasurer Shaughnessy responded that pay back over 17 years would be approximately $520,000. Councilmember Cummins noted that correction of soil contamination problems on the SOS parcel would be a matter of negotiation Page No. 2673 September 5, 1989 between the City and the existing owner. He stated that he wants the developers to understand that there must be a cap on City financial participation, and that this must be very clear in all agreements. Mayor Mertensotto agreed that the developer's agreement should place a cap of $450,000 so that the City is not legally obligated to authorize more than that amount to make this a viable project. A representative of SOS asked why SOS should do the soil testing when there is no approved plan as yet -- if the plan is approved SOS will allow the developer to do a soil test on the SOS property. Councilmember Cummins pointed out that a purchase agreement would be contingent upon soil tests and felt that the owner would want to know who should do that testing. Mayor Mertensotto felt that the soil test should be made during the time that the developers agreement is being prepared. Mr. F.B. Daniel, 2056 Timmy, stated that plan before Council tonight is a substantial improvement over the past proposals. He asked what the proposed screening is. Mr. Duffy responded that the screen will be Black Hills Spruce trees, 25 foot on center. Mayor Mertensotto stated that 5 foot trees, 25 foot on center is fine when they grow up but that they should be overlapping to create an effective screen. Mr. Daniel stated that his concern is that the trees become an effective screen and also that any that die be required to be replaced to maintain a barrier. Mayor Mertensotto informed Mr. Daniel that Council is proposing a three-year covenant against development of the residential lots. Responding to an audience question about the sign variances, Mr. Duffy stated that there are two 20 foot pylon signs proposed Ayes: 5 Nays: 0 RECESS HEARING: CASE NO. 89 -30, KAREL Ayes: 5 Nays: 0 Page No. 2674 September 5, 1989 rather than signs on the building and that the signs would be about one foot higher than the top of the building. There being no further questions or comments, Councilmember Hartmann moved that the hearing be closed at 9:18 P.M. Councilmember Witt seconded the motion. It was the consensus of Council that staff be directed to prepare a resolution to authorize the PUD incorporating all of the many details and concerns addressed this evening and in the staff and Planning Commission reports, the resolution being based on the architects plan presented this evening. Staff was further directed to prepare all appropriate documents for Council consideration. Mayor Mertensotto called a recess at 10:35 P.M. The meeting was reconvened at 10:50 P.M. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Steve Karel, 1562 Park Circle, for a minor conditional use permit to allow construction of a 6 foot fence along the rear property line of his through lot. Mr. Karel, present for the discussion, submitted a revised fence plan, in a 50% opaque style, for Council approval. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing be closed. Councilmember Cummins seconded the motion. Councilmember Biesener moved adoption of Resolution No. 89 -107, "A RESOLUTION APPROVING A MINOR CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE ALONG REAR PROPERTY LINE ON A THROUGH LOT," based on the fence design submitted and dated September 5, 1989. Councilmember Hartmann seconded the motion. Page No. 2675 September 5, 1989 Councilmember Cummins moved to amend the motion to authorize the refund of the $150 minor conditional use permit application fee. Councilmember Blesener seconded the motion. Vote on Amendment: Ayes: 5 Nays: 0 Vote on original motion as amended: Ayes: 5 Nays: 0 HEARING - CASE NO. 89-31, BJORKLUND Ayes: 5 Nays: 0 Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Bjorklund Construction for a conditional use permit to allow an 850 square foot pool cabana, to be constructed at 1149 Orchard Circle, along with an application for modified critical area site plan approval. Mr. Al Steffes, owner of the property, was present for the discussion. Councilmember Witt informed Mr. Steffes that when a similar request considered some time ago, the Council approved the pool house proposal on the condition that it not be used or converted in the future to provide sleeping accommodations. Mr. Steffes replied that the cabana is not going to be used as another house but that on occasion his children might camp out in it. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember moved approval of a modified critical area site plan for construction of a cabana at 1149 Orchard Circle along with Ayes: 5 Nays: 0 Page No. 2676 September 5, 1989 waiver of the $100.00 Critical Area Ordinance application fee. Councilmember Witt seconded the motion. Councilmember Blesener moved adoption of Resolution No. 89 -108, "A RESOLUTION APPROVING A MINOR CONDITIONAL USE PERMIT TO CONSTRUCT A CABANA." Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 CASE NO. 89 -29, DAKOTA Council acknowledged an application from COUNTY STATE BANK the Dakota County State Bank for a 30 foot front yard setback variance for relocation of a sign. No one was present to represent the applicant. Ayes: 5 Nays: 0 CASE NO. 88 -27, PATRICK Councilmember Cummins moved to table the request to September 19th, and if the bank cannot be represented at that meeting, staff is to come back with a specific location for the proposed sign. Councilmember Hartmann seconded the motion. Mr. Steve Patrick and Mr. Bill Lynch were present in support of Mr. Patrick's application for an eleven lot subdivision located south of Mendota Heights Road and east of Pagel Road extended. Mr. Patrick distributed updated copies of the proposed preliminary plat for Mendota Woods. Mr. Patrick stated that he had appeared before Council last year with a request for a smaller subdivision and the request was tabled because of Council concerns over the ultimate use of the Clark property and coordination with Centex and Dick Putnam. He informed Council that an agreement has been worked out whereby the Clark property is included within the proposed plat and that proposed Outlot A will be sold to Centex. Centex plans to come before the City soon with a request for PUD amendment to develop additional townhouses on Outlot A. Mr. Patrick informed Council that he proposes to dedicate public right -of -way coming off of Mendota Heights and the new Page No. 2677 September 5, 1989 lots would front on that cul-de-sac street. He explained that the Planning Commission had expressed concern over access to Lots 6 and 7 because the proposed driveway for Lot 7 would interfere with the wetlands area. It was suggested by the Commission that Lots 6 and 7 be combined. He instead proposed that Lots 6 and 7 share a driveway. All of the lots are at least one-half acre in size and it is the developers' desire to develop the land as single family and retain as many trees as possible. He informed Council that the driveway grades were a concern of the Planning Commission, and that the use of tuck under garages and other design considerations, including retaining walls, could reduce the grades from the 10% shown on the plat. Councilmember Blesener suggested that the lot lines of Lots 1 through 5 be shifted to provide more frontage for Lot 6 along with the ability to move the building pad closer to the cul-de-sac and farther from 1-494. She suggested that staff look at whether there would be some way to more carefully design the road to reduce the 3:1 slope, such as retaining the right-of-way width and tightening up the utilities. Mayor Mertensotto pointed out that staff is recommending that the developer receive recommendations from the City's Oak Wilt Specialist on how to minimize impact on trees in the proposed subdivision. Planning Commissioner Ultan Duggan, present for the discussion, expressed concern over the extent of potential tree removal. Councilmember Blesener expressed concern that Council will be facing many future noise complaints if single family development is approved. She also pointed out that the proposed use differs from the Comprehensive Plan. Councilmember Hartmann shared the concern, noting that the property is impacted by a dual noise situation - air noise freeway noise. He felt that the developers should provide noise information to prospective buyers and that the buyers should sign an Page No. 2678 September 5, 1989 ( ) acknowledgment that they are aware of the noise problems. Mayor Mertensotto stated that the developers should note in their restrictive covenant that all of the lots are subject to City noise attenuation requirements. He also suggested that the restrictive covenants could stipulate that there can be no further development of any of the lots unless agreed to by all property owners in the plat. Councilmember Cummins stated that he would like to see the covenants after they are drafted and further felt that the covenants should be specific as to the City ordinances which apply. Discussion on the application was continued to September 19th for consideration of a revised preliminary plat showing a shifting of lot lines. INDOOR SOCCER ARENA RESPONSE TO COUNCIL COMMENTS COUNCIL COMMENTS Mr. Jerry Haarmann and representatives of the Minnesota Indoor Soccer Arena and Training Complex (MIST) were present to acquaint Council with their proposal to construct an indoor soccer facility at Mendota Heights Road, Northland Drive and Highway 55. The representatives reviewed their proposed facility and answered Council questions. It was Council consensus that MIST should make application for Planning Commission consideration. Council acknowledged a report from Code Enforcement Officer Dick Gill regarding a site obstruction at the corner of Wachtler and Highway 13 (Hanson property). Councilmember Witt expressed her appreciation for the support of the residents, City Council and staff during her tenure on the Council. City Administrator Frazell thanked the Council for its confidence and support during his six years as City Administrator, stating that it is only for a need to advance his career that he has decided to leave his position with Mendota Heights. ADJOURN Ayes: 5 Nays: 0 Page No. 2679 September 5, 1989 There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned to the September 12th budget workshop. Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT: 10:58 o'clock P.M. K2 thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON-SEPTEMBER 5, 1989 Asphalt License: T!B. Carlson Construction Concrete Licenses: Dave Larson Construction Tom Ostertag Masonry, Inc. Excavating License: Erwin Montgomery Construction Co. Gas Piping License: Burnomatic Industrial Gas Burner Co. General Contractors Licenses: Custom Tile 1' George Miller Kindy Construction Company McDonald Construction; Inc. Petroleum Maintenance Richgels Bros. Construction Timbercraft Enterprises, Inc. Heating & Air Conditioning Licenses: Airstream Heating & Cooling Burnomatic Industrial Gas Burner Co. Plastering /Stucco License: Brisson Stucco & Plaster