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1988-06-07 Council minutesPage No. 2346 June 7, 1988 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 7, 1988 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, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:35 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 CONSENT CALENDAR Councilmember Cummins moved adoption of the revised agenda for the meeting as amended to move items 10c, d, e, f, k and o to the consent calendar. Councilmember Blesener seconded the motion. Councilmember Hartmann moved approval of the minutes of the May 17th meeting with correction. Councilmember Cummins seconded the motion. Councilmember Cummins moved approval of the consent calendar, along with authorization for execution of all necessary documents contained therein. a. Adoption of Resolution No. 88 -29, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 86, PROJECT NO. 14," authorizing final payment of $6,935.39 to Lessard - Nyren Utilities, Inc., for the Lexington Heights Apartments hydrant installation project. b. Acknowledgment of the minutes of the May 24th Planning Commission meeting. c. Acknowledgment of the Code Enforcement monthly report for May. Page No. 2347 June 7, 1988 d. Acknowledgment of a letter from St. Paul Water and copy of a public notice of concern for lead in drinking water. e. Acknowledgment of a letter from Minneapolis Councilmember Steve Cramer and a memo from Administrator Frazell regarding the Highland Park runway use test. f. Authorization for staff to publish notices of June 21st hearings for renewal of the Somerset Country Club and Mendakota Country Club club liquor licenses. g. Acknowledgment of the minutes of the May 11th Park and Recreation Commission meeting. h. Approval of the list of contractor licenses dated June 7th and attached hereto. i. Approval of the list of claims dated June 7, 1988 and totalling $201,670.57. j. Approval of the preliminary plat for the Pabst Addition as submitted and dated May 4, 1988. (Case No. 88 -17, Pabst.) k. Approval of the division of Lots 17 and 18, Caroline's Lakeview Addition, authorizing the transfer of Parcel A from the westerly line of Lot 18 to Lot 17, and the transfer of Parcel B from Lot 17 to Lot 18, as described on a site /location survey dated April 19, 1981. (Case No. 88 -18, Pabst) 1. Approval of a conditional use permit for Mr. Anthony Mancuso to allow construction of a detached garage 16 feet from the rear property line of a through lot located at 552 W. Annapolis, along with waiver of the hearing requirement and a reduction in application fee from $350 to $35. (Case No. 88 -20, Mancuso.) m. Approval of a six foot variance from the established front yard setback to allow construction of a home 33 feet ) Ayes: 5 Nays: 0 PUBLIC COMMENTS RESPONSES TO PUBLIC COMMENTS Page No. 2348 June 7, 1988 from the street right-of-way at 1081 Marie Avenue. (Case No. 88-21, Blesener.) n. Authorization for the publication of a notice of hearing for 8:15 P.M. on June 21st for consideration of a public hearing on an application for off-sale liquor license from MGM Liquors. o. Approval of a purchase order for Lakeville Excavating to complete parkland grading for the Victoria Highlands park property for $15,000, in accordance with their proposal dated May 24, 1988, on the condition that no lower quotation is received prior to noon on June 9th. Councilmember Witt seconded the motion. Ms. Jan Peyer, 606 Highway 13, stated that she would like to subdivide her property which abuts the Eugenia Street right-of-way but that the property is not large enough to divide unless the right-of-way is vacated. Mayor Mertensotto suggested that Ms. Peyer apply for a vacation of the right-of-way. Councilmember Cummins suggested that the application fee be waived. Mr. Wayne Schwanz, present for the discussion, stated that staff had been directed at a past meeting to report on whether the City needs to retain the right- of-way and asked when the report will be completed. Staff was directed to contact Ms. Peyer regarding vacation processing and to make a recommendation to Council relative to the suggested waiver of application fee. Council acknowledged responses from staff relative to concerns expressed by Mr. Virgil McQuay at past Council meetings over the need for a noise wall at the northwest quadrant of T.H. 110 and I-35E and sight BID AWARD VICTORIA HIGHLANDS Page No. 2349 June 7, 1988 obstructions at Victoria Road and Marie Avenue. With respect to the noise wall and the response from Mn/DOT, Mr. McQuay stated that his attorneys have been unable to find their records which should include a commitment from Mn/DOT on the wall and that he is at a loss as to how to proceed. Mayor Mertensotto suggested that staff should inform Mn/DOT of the noise impact, informing them that one developer in the area lost his land to tax forfeiture (Victoria Townhomes plat) and that one of the apparent reasons was the impact of the freeway noise on the property. He also suggested that Mr. McQuay contact the court to get information on the court transcript and file relating to Mr. McQuay's legal proceedings on the matter. Regarding the Victoria/Marie sight obstruction issue, Mr. McQuay suggested that striping the intersection might help. Public Works Director stated that the City can stripe Marie Avenue at the intersection and that he will contact Dakota County regarding striping on Victoria. Council directed that the Public Works crew remove the brush in the ditchline of Victoria Road. Council acknowledged a tabulation of bids received for public improvements to serve the Victoria Highlands Addition. It was Council consensus that the bids were so favorable that staff should prepare a change order to extend the bike trail to Trail Road. Councilmember Cummins moved adoption of Resolution No. 88-30, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE VICTORIA HIGHLANDS (IMPROVEMENT NO. 87, PROJECT NO. 7)," provided that the resolution be amended to reflect that all of the bids were accepted, awarding the contract to Ayes: 5 Nays: 0 FEASIBILITY HEARING CORNICK WATERMAIN Ayes: 5 Nays: 0 Page No. 2350 June 7, 1988 F.F. Jedlicki, Inc. for their low bid of $463,565. Councilmember Blesener seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed extension of the City's watermain to serve properties along Highway 13 from Lexington Avenue to the Mendota City limits. Public Works Director Danielson stated that the financial feasibility of the project hinges on receipt of Dakota County HRA community development block grant (CDBG) funding assistance. He informed Council that there are two types of CDBG funding bases, the number of low income households and technical hardship, which requires a letter from the County Health Officer. He informed Council that staff has a letter from the Health Officer and that the HRA has submitted the letter to HUD and is awaiting a reply. Mayor Mertensotto asked for questions and comments from the audience. The following property owners were present for the discussion: Mr. George Milliman, 1140 Sibley Memorial Highway, Mr. Tom Dinsmore, 1150 Sibley Memorial Highway, and Ms. Peggy O'Reilly, 1132 Sibley Memorial Highway. Mr. Dinsmore stated that he believes everyone affected by the project is in favor of it if block grant funding is available. Mr. Milliman concurred. There being no further questions or comments, Councilmember Cummins moved that the hearing be closed at 8:10 P.M. Councilmember Hartmann seconded the motion. Councilmember Witt moved adoption of Resolution No. 88 -31, "RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR WATERMAIN EXTENSION TO SERVE 1176 SIBLEY MEMORIAL HIGHWAY AND ADJACENT AREAS (IMPROVEMENT NO. 87, PROJECT Ayes: 5 Nays: 0 HEARING -- CASE NO. 88-19, C.G. REIN CO. Page No. 2351 June 7, 1988 NO. 6)," subject to receipt of HRA community development block grant funding. Councilmember Blesener seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application for conditional use permit for planned unit development from C.G. Rein Company for construction of 106 apartment units on Outlot A of the Mendakota Estates Addition. Mr. Ted Zinner, Vice President of the C.G. Rein Company, reviewed the preliminary development plan and renderings for a proposed 106 unit apartment complex to be located on Outlot A of Mendakota Estates, a 10.6 acre site located at Dodd Road and Mendakota Drive. Mr. Zinner stated that there are six buildings with living units and one building for amenities proposed and that considerable time has been spent on designing the complex to best utilize the site. He noted that there is a varied roof line to break up the buildings and to identify with the rooflines of the homes in the Mendakota Estates, that the building exterior will be 80% brick and 20% cedar and that the buildings will be 42 feet in height from ground level to the top of the roofs. He stated that the property will be heavily landscaped and that the developer will dedicate 1.67 acres as a park dedication adjacent to the 9 acre green space south of Mendakota Drive. Councilmember Witt asked Mr. Zinner how emergency fire vehicles could access the buildings which did not have road access. He responded that all buildings were fully sprinklered and the Fire Marshall indicated that was sufficient. Councilmember Cummins stated that his initial reaction is that the proposed dedication is not valuable to the City as park land and that the City would not be acquiring anything of general use to the population of the community. Administrator Frazell stated that when the PUD for Mendakota Estates was approved, the Page No. 2352 June 7, 1988 9 acre dedication was to be the entire ■ ) dedication for the total property and that the City would have the right to take 2.8 acres of its choosing but without reducing the density of the property. Mr. Zinner stated that extensive landscaping is planned to screen Dodd Road from the site and also, the screening and berming of the commercial area across Dodd. Responding to a comment from Councilmember Cummins, Mr. Zinner stated that 12 to 20 foot trees will be planted on top of the berm and his firm will work with City staff and the planner to review and modify the landscaping plan as necessary. He described the mix of units and stated that the rentals will range from $700 to $1,600 per month, that there will be 157 underground parking stalls and 100 ground level spaces. He then reviewed a tenant profile and traffic study Councilmember Cummins pointed out that a member of the Planning Commission had raised a question about the access on Dodd not lining up with Hokah. He also asked whether it would not have been simpler to access onto Mendakota Drive so that the homes and apartments access Dodd from one street. Mayor Mertensotto agreed, suggesting that it would be more beneficial from a safety standpoint to bring the apartment traffic out to Mendakota Drive and to Dodd from there. Mr. Zinner responded that this had not been pursued because of anticipated traffic from Mendakota Country Club and because there is a strip of land between Mendakota Drive and the apartment property which is City park dedication. He stated that he could re- route the apartment traffic across the green space owned by the City but it would cut up the open space. Councilmember Witt commented that when the P.U.D. was approved for the Bream houses, the Council indicated they would be looking very carefully at the proposed apartment complex. The Council stated, at that time, that apartment buildings would be placed in such a way as to minimize their impact on nearby residents. Page No. 2353 June 7, 1988 The Council acknowledged receipt of a letter from Mr. & Mrs. Dale Johnson, 2215 Dodd Road. Mayor Mertensotto asked for questions and comments from the audience. Dr. Ted Chao, 783 Hokah, also expressed concern over adding a driveway onto Dodd Road from the proposed complex, and agreed that traffic from the complex should be routed to Mendakota Drive. He also suggested that there would be a need for a semiphor to control speed on Dodd. Dr. Chao asked what the setback will be from the apartments to Dodd Road. Mr. Zinner responded that it is proposed to locate the closest building 50 feet from the right-of-way of Dodd, which is 20 feet from the roadway. Dr. Chao stated that when the issue of apartments was last discussed at a Council meeting he thought that people in the neighborhood would have some input into the design and that he was under the impression that the buildings would be placed way back on the site. Councilmember Blesener asked whether there is any way that the structures can be moved back. Mrs. Ann Spangler, 795 Hokah, stated that her concern is over traffic flow and asked whether there is going to be some type of widening of Dodd. She felt that traffic congestion without turning lanes is very dangerous. Mary Lou Johnson, 2215 Dodd Road, submitted a petition to the Council. She pointed out how difficult it is to make a turn from her driveway and expressed concern that most of the people living in the units will be driving south on Dodd. She stated that the neighbors would like the developers to put the buildings as far back from Dodd as possible and further stated that it would be less offensive to the neighbors and more attractive for prospective renters. With Page No. 2354 June 7, 1988 respect to the park dedication, Mrs. Johnson stated that the neighborhood would like to see the park run parallel and adjacent to Dodd to provide a buffer and more aesthetically pleasing area creating a greater sense of openness as well as a sense that the dedicated area belongs to the community. Mr. Dale Johnson stated that the Planning Commission asked the Rein Company to talk to the neighbors about placement of the buildings ,etc, and that his family was not contacted. He pointed out that the people who signed the petition live only in the area within 350 feet of the project and in the Friendly Hills First Addition. He felt that the building setback should be 140 feet from the centerline of Dodd. Councilmember Blesener asked whether the limits on the drawings are the actual boundaries of the outlot as platted. She noted that if the drawings are correct, there is a 60' storm sewer easement over the westerly portion of the site and the NSP substation is next to that. She pointed out that the buildings could not in fact be moved further west unless the sewer line is moved. Mr. Johnson submitted a plan for an alternate design which would set the buildings back on the site. Mr. John Moy, 796 Hokah, suggested that often times apartments are unrented and end up as subsidized housing and high crime areas. Mr. Morris Friedman, 789 Hokah, suggested that there are so many restrictions on the property the developers are trying to squeeze in the maximum possible number of units. Mayor Mertensotto stated that the zoning of the land is R-1 and the developers are effectively asking for a rezoning - the use of the land is changing. Councilmember Cummins pointed out that the decision on zoning is moot, that the proposal is a PUD and Council made a Page No. 2355 June 7, 1988 decision to approve the use in principle at ) the time of platting of the Mendakota Estates. Councilmember Blesener stated that she feels the buildings being proposed present a high quality development but was concerned over impact of the traffic and the large scale structures across from and adjacent to residential areas. She felt that Council should take the opportunity to improve on the proposal as follows: increase the setback to 100 feet from Dodd to maintain the same setback of residences existing on Dodd Road and provide for additional right-of-way capability for Dodd; and, traffic could better be handled by providing an easement over the park land to provide access to Dodd from Mendakota Drive and eliminate the proposed access point. Councilmember Cummins stated that he and Councilmember Blesener had vigorously opposed putting any multiple family use on the site two years ago and that he believes this is an excellent project if the access is changed and the buildings are moved back. He suggested that the proposal be referred to the Park Commission to look at the park issue. Mr. Zinner stated that one of the reasons to not move the complex back to the south and west corners is because of the NSP plant and pointed out that there are only three residences which look at the property now, the Moys, Spanglers and Johnsons. He indicated that one of the reasons this is an ideal situation for his company is because the site is buffered by a 125 foot NSP easement, there is already a setback maintained by the NSP location, and on the other side is the park space for buffering. He suggested that the study prepared by his consultants addresses traffic concerns and that as far as the suggestion to use Mendakota Drive, they would like to explore the possibility and come back with a plan for rerouting the apartment traffic down Mendakota Drive. 1 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 RECESS COPPERFIELD IV Page No. 2356 June 7, 1988 Councilmember Witt felt that the steep pitch on the roofs is another good reason to move the buildings back. There being no further questions or comments, Councilmember Biesener moved that the hearing be closed at 9:11 P.M. Councilmember Witt seconded the motion. Mayor Mertensotto stated that as far as he is concerned, the proposal constitutes rezoning of the land and requires a four- fifths vote of the Council. Councilmember Cummins responded that a legal opinion had been received when Mendakota Estates was platted which indicated that rezoning was not required because the proposal was being processed as a planned unit development. After discussion, Councilmember Biesener moved to table a decision until July 5th, to refer the proposed plat to the Park Commission for input on what use the City might have for the land at Mendakota Drive and Dodd, and to ask the developer to revise the driveway access so that the driveway entrance/exit is at Mendakota Drive rather than Dodd Road, and to maintain a 100 foot building setback from the right-of-way of Dodd Road. Councilmember Cummins seconded the motion. Council directed Attorney Hart to research his files and submit to Council the legal opinion prepared in response to the Mendakota Estates rezoning versus planned unit development question. Mayor Mertensotto called a recess at 9:14 P.M. The meeting was reconvened at 9:25 P.M. Mr. Dick Putnam presented and reviewed a revised preliminary plat for the proposed Copperfield Fourth Addition and reviewed concerns expressed by Council and the audience at the May 17th meeting. Mr. Putnam stated that in the revised cul-de- sac plan, the lots average 21,100 square feet. Page No. 2357 June 7, 1988 Mayor Mertensotto felt that the plat did not address the Council's concerns over the narrow width of the lots at the setback line. Mr. Putnam responded that all of the lots are over 100 feet wide at the building setback but not at the front property line because of the cul -de -sacs, and that rather than being minimum setbacks, many of the homes will be 50 feet from each other. He pointed out that these are much larger lots than in the other Copperfield subdivisions. Councilmember Cummins asked whether Mr. Putnam would have any problem with a fifteen foot sideyard setback requirement and 35 foot front yard setback. Mr. Putnam responded that if there is a tree on a lot and the homeowner wants to work around it, he could do so without getting a variance at a 10 foot setback but would probably need a variance at a 15 foot setback. He stated that he is not sure what Council - member Cummins is trying to accomplish since the lots are significantly larger than the lots around them and have much larger frontages. Mr. Putnam felt that requiring fifteen foot setbacks would create administrative problems that are unnecessary. He had no problem with the suggested 35 foot front yard setbacks. Councilmember Cummins responded that his concern is to not get the houses too close together and that from his perspective the plat is fine on the whole and that Mr. Putnam has done a good job of resolving his concerns and the residents concerns over traffic. He stated, however, that he would like to see a better resolution of spacing and cannot see that there would be a problem with fifteen foot setbacks. Councilmember Blesener stated during Zoning Ordinance revision discussions some time ago, she had proposed 15 foot setbacks and was not supported because the Planning Commission felt such setbacks would be unduly restrictive. She felt that if the setbacks are not appropriate City -wide it would be inappropriate to be more restrictive in this plat. Ayes: 4 Nays: 1 Witt Page No. 2358 June 7, 1988 In response to a question from Councilmember Hartmann, Mr. Putnam stated that the Fieldstone cul -de -sac is 1300 feet long from its intersection with Copperfield Drive. Mayor Mertensotto asked for questions and comments from the audience. Mr. Dwyer, 558 Stone Road, stated that he is pleased with the compromise relative to traffic problems and that the cul -de -sac resolves his concern. Mr. Siebell, 2232 High Pointe, stated that Mr. Putnam has significantly mitigated his concerns but that he still does not like 17 lots and would like to know why access to Delaware isn't feasible. He complimented Mr. Putnam on his responsiveness to the neighbor's concerns. Councilmember Witt expressed her preference for looped streets, and felt that the neighbors' concerns over traffic could have been mitigated by reducing the number of lots. Councilmember Hartmann expressed concern over the long cul -de -sacs and felt that it is dangerous to set that kind of precedent if it is unnecessary. He stated that he would have preferred a through street and lot reduction as a better alternative. Councilmember Blesener stated that she cannot support a requirement for fifteen foot sideyard setbacks because she believes the Council would be too restrictive but that she could support a 35 foot front yard setback requirement. Councilmember Cummins moved adoption of Ordinance No. 256, "AN ORDINANCE AMENDING ORDINANCE NO. 401," to rezone the Copperfield IV Addition from R -1A to R -1. Councilmember Hartmann seconded the motion. Councilmember Cummins moved adoption of Resolution No. 88 -32, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR CASE 88 -09, COPPERFIELD Ayes: 3 Nays: 2 Blesener Witt Ayes: 3 Nays: 2 Blesener Witt CASE NO. 88-15, PERRON Page No. 2359 June 7, 1988 IV," subject to a requirement for sideyard setback minimums of 15 feet and 35 foot front yard setback minimums. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved approval for the preliminary plat for Copperfield Four dated June 2, 1988. Councilmember Cummins seconded the motion. Mr. John Perron, 1940 South Lane, was present to request approval of the division of his property into two lots. Council acknowledged a letter from Mr. & Mrs. Perron responding to a letter from Mr. Phillip Goldman in objection to the proposal and Planning Commission action recommending denial. Mr. Perron stated that he feels it is unfair to allow a house to be built on an 83 foot lot on North Freeway Road and deny his request to create an 85 foot lot. He stated that he wishes to divide the lot because it is very large and difficult to maintain and because of the cost of real estate taxes Administrator Frazell informed Council that the lot Mr. Perron is referring to was platted prior to Zoning Ordinance adoption and is therefore grandfathered in. Mayor Mertensotto pointed out that the lot was originally 225 feet wide and that some time in the past, forty feet of the lot was sold to an adjoining property owner. Councilmember Blesener stated that she feels that a lot containing more than an acre of land should be able to be divided and felt that the applicant should be given an opportunity to demonstrate how a home could be placed on the new lot and still maintain setbacks similar to those in the neighborhood. Mayor Mertensotto pointed out that one of the problems is the steep slopes on the new Ayes: 5 Nays: 0 BRIDGEVIEW SHORES Page No. 2360 June 7, 1988 proposed site which limit where a home could be placed. Mr. Perron responded that there are many styles of homes which could be built on the lot. Mrs. Perron stated that she and Mr. Perron had never been to a hearing before the Planning Commission hearing on their application and did not know what to do. She stated that they have talked to everyone in the neighborhood and all of the neighbors but Goldman support them. Councilmember Cummins pointed out that it appears that all of the lots on South Lane are approximately 200 feet in width. Mr. Phillip Goldman, present for the discussion, stated that basically the consensus of the Planning Commission was that no hardship was shown and that what Mr. Perron alleges as hardships are specifically excluded as hardship by state statute. Attorney Hart responded that economic hardship is excluded and that difficulty in maintenance is not a demonstrable hardship. Mr. James Wells, 1912 South Lane, stated that if there are ten foot setbacks, only 65 feet of frontage would be available to build a house on, and the homes being built in the City now are wider than 65 feet. He felt that no matter what is built on the lot it would not be conducive to the rest of the neighborhood. Councilmember Hartmann moved that discussion on the proposed lot division be continued to July 5th. Councilmember Blesener seconded the motion. Council acknowledged the feasibility report for proposed improvements to serve the Bridgeview Shores Addition. After brief discussion, Councilmember Hartmann moved adoption of Resolution No. 88-33, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR Ayes: 5 Nays: 0 BRIDGEVIEW SHORES WETLANDS PERMITS Ayes: 5 Nays: 0 Page No. 2361 June 7, 1988 SANITARY SEWERS, WATER, STORM SEWERS AND STREET CONSTRUCTION TO SERVE BRIDGEVIEW SHORES AND ADJACENT AREAS (IMPROVEMENT NO. 88, PROJECT NO. 1)," conditioned upon submission of an additional $3,000 engineering escrow by the developers. Councilmember Witt seconded the motion. Council acknowledged a memo from the Code Enforcement Officer regarding the wetlands setbacks in Bridgeview Shores. Mr. Marlin Grant, President of Marvin Anderson Homes, stated that his firm has had to hold up construction of the model home at 2480 Mendota Heights Circle because when the City Inspectors conducted a footing inspection it was discovered that the structure was not located at the Council approved 75 foot setback from the wetlands. He explained that the topographic map which had been given them by the property sellers and which they had used in preparing their plat was in error. He explained that there is less water area, and in most cases, the setbacks from the wetlands will be greater than Council had approved but that the setbacks for the lot on which the model home is located and one other lot are closer to the wetlands than Council approved. Mr. Cal Hedland, from Hedland Engineering, stated that after the problem with the model home was discovered, it became necessary to do an in -place field survey of the property. Mr. Hedland explained that there were 24 wetlands permits granted, and that as the result of the field survey, 4 of the permits are not needed, the setbacks have been increased on ten of the lots, eight are the same as Council granted, and two need closer setbacks. After discussion, Councilmember Cummins moved to amend the wetlands permits for the Bridgeview Shores addition to reduce the wetlands setback for Lot 3, Block 3 from 75 feet to 50 feet, and for Lot 4, Block 3, from 55 feet to 50 feet. Councilmember Blesener seconded the motion. CURLEY TOT LOT Page No. 2362 June 7, 1988 Council acknowledged a report from the Public Works Director regarding a request from residents of Curley's Valley View Addition for development of a tot lot on a City lot located at the southeast corner of the Addition. Dr. Frank Pilney, a representative of the area residents, gave Council a history of the neighborhood's past efforts towards getting a tot lot. He stated there is no place in the area for the neighborhood children to play, there are many young families and no lots left except the one the City currently owns. He submitted a petition signed by 75 neighborhood residents requesting that the lot be developed as a tot lot. Dr. Pilney stated that when the neighborhood association came before the Park Commission with a similar request in 1975 the Commission said that the City would buy this lot for a trail and insinuated that the lot could be used as open space and play area, but nothing materialized, and they also recommended the purchase of Outlot A, a 700 by 100 foot parcel south of the homes on Cullen. He further stated that this idea was dropped in 1979 because the comprehensive plan indicated that the property would not meet the needs of the park plan. He pointed out that his area is surrounded by 35E, Lexington, Highway 110 and Wagon Wheel Trail and the area is landlocked: children can walk the path to Wagon Wheel Trail to get to Rogers Lake, but traffic on Wagon Wheel travels at high speed and none of the neighbors let their children use the path because of this traffic hazard. Dr. Pilney stated that because the neighborhood is landlocked, they are requesting utilization of the lot already owned by the City. He informed Council that the proposal for developing the lot has been reviewed by the Park Commission and they indicated it would cost about $14,000 to convert the lot and the residents will do the grunt work. Mr. David Ayers, 2121 Theresa, presented the proposal for developing the lot and indicated that the cost for materials and equipment would be approximately $14,000. He informed Council that the neighborhood MENDAKOTA EASEMENT Page No 2363 June 7, 1988 would do all of the site preparation, including seeding and sodding, and would assemble all of the equipment, including an adult exercise station. Mr. Ayers stated that the Park Commission unanimously approved the proposal Mayor Mertensotto stated that the Park Commission should determine with the neighborhood what type of equipment is appropriate. Councilmember Blesener suggested that someone contact Mendota School for information on their recent installation of recreation equipment. Councilmember Witt stated that she does not want to expose the City to any liability in constructing a play area and will not support the request because it is City- owned property. She was concerned that the City would not only have liability exposure, it would also have maintenance costs. She suggested that the City could sell the lot to the neighborhood to develop. Dr. Pilney stated that the neighborhood feels that their area is not getting a service for its children that other neighborhoods receive. Mayor Mertensotto noted that while the Park Commission has recommended that the proposal be supported, they have not come up with anything definitive. He informed the audience that the Council will meet soon with the Park Commission and the Council will review the matter with the Commission and get back to neighborhood residents. Council acknowledged a report from Public Works Director Danielson regarding concerns of Mendakota Country Club over a City requirement for the granting of a drainage easement as a condition to the granting of a building permit for a new clubhouse. Representatives of the Club, present for the discussion, expressed concern over how much land area will be required and whose responsibility construction of a ponding area will be. Page No. 2364 June 7, 1988 Public Works Director Danielson stated that 5.7 acre feet is necessary as an easement, that the staff is concerned over protection of the Club's maintenance garage and that, since the Club doesn't know the exact location of the future facility, staff has no problem with delaying the easement receipt until the garage is planned. Mayor Mertensotto noted that the City is not asking the Club to construct a pond, only to grant the easement. Councilmember Blesener suggested that Mendakota could give the City an easement for one acre of property, which could be dug 5 feet deep when the facility is built. She also felt that there should be a time limit placed on submission of the easement and that staff and Mendakota should get together to work out the details. The Mendakota representatives indicated that they have no problem with granting an easement as long as the Club doesn't have to pay for constructing the holding pond and as long as the pond doesn't use up too much of the Club's property. After discussion, Councilmember Blesener moved to approve the request of Mendakota Country Club to delay submission of the drainage easement subject to City receipt of a signed agreement wherein Mendakota agrees it will provide the City with a one - acre holding pond easement with a location to be agreed to by both parties. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 MENDAKOTA DEVELOPMENT Mendakota representatives stated that Bream Homes would like to give Outlot C of Mendakota Estates to the Country Club. The representatives asked that Mendakota be released from the landscaping requirements on Outlot C that the Breams had agreed to. They indicated that even if the plantings are made there will be some question over who will maintain the area, and suggested that the best solution would be to waive the landscaping requirement, and Mendakota would probably seed and maintain the area so that it will look like Outlot B. Page No. 2365 June 7, 1988 Councilmember Blesener moved to delete the landscaping requirement on the northerly side of Mendakota Drive, Outlot C and the right-of-way, on the basis that the developer abandon the outlot and convey it to Mendakota. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 CITY HALL FURNITURE Suzanne Ilten was present to review the proposed City Hall furnishings schedule and budget with Council. She informed Council that the City Hall subcommittee had reviewed the furnishings master plan and prioritized furniture to arrive at an initial furnishing program. After reviewing the schedule, she asked that Council approve the preliminary budget of $105,662 and authorize her to get firm quotes from vendors. After brief discussion, Councilmember Blesener moved to authorize consultant Suzanne Ilten to proceed with preparing formal specifications and soliciting quotes for City Hall furnishings. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 HOUSE MOVING REQUEST Council acknowledged a memo from the City Administrator relative to a request from Mr. Steve Patrick, 737 Mendota Heights Road, to move the Glewwe house from 720 Mendota Heights Road onto his property in advance of application for the platting of his property. Mr. Patrick, present for the discussion, stated that he will be before the Planning Commission and Council in July with a proposed plat for the division of his 6.5 acres. He informed Council that the problem is that the Glewwe home is owned by Centex and if the Centex Indirect Source Permit is granted this month Centex hopes to start grading in early July and the house must be moved promptly. Councilmember Blesener stated that what Council would be doing in considering a plat would be to create a residential area INSURANCE JOINT MEETING NEGOTIATIONS BIKE TRAIL Page No. 2366 June 7, 1988 in what is in the Comprehensive Plan as high density, and that there will also be a noise mitigation problem. Councilmember Hartmann felt that Mr. Patrick is proposing something that he is not sure would be a good idea, and in essence would be creating a non-conforming use. Councilmember Cummins pointed out that Mr. Patrick would be asking to do what the existing zoning allows him to do and that non-conforming uses relate to zoning and not to the Comprehensive Plan. Administrator Frazell stated that the topography of Mr. Patrick's land is very much unlike the rest of the southeast area and that it might be possible, if Council wished to allow single family use, to buffer the property from the higher density. He also pointed out that the Comprehensive Plan sets maximum densities for property. Mayor Mertensotto and Councilmember Witt expressed concern that Opus is not going to come back with residential use on its property. After discussion, the matter was referred to the Planning Commission for reports on consistency of the proposed residential use with the overall plan for the area. Council acknowledged a memo from Treasurer Shaughnessy regarding the availability of insurance coverages from the LMCIT for pollution and inverse condemnation liability. Council determined that the coverage should not be purchased. Council directed the City Administrator to set up a meeting with the Park Commission for 7:00 a.m. on either June 14th or 16th. Council discussed and gave the City Administrator direction relative to negotiations on the Police labor contract. Council acknowledged a memo from the Public Works Director relative to bike trail improvements at Lexington and T.H. 110. Page No. 2367 June 7, 1988 I ) ADJOURN There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:50 P.M. thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON JUNE 7, 1988 Concrete Licenses: Albrecht Masonry Charles D. Hess Company, Inc. Greystone Masonry, Inc. Hart Masonry, Inc. RJS Concrete, Inc. Excavating Licenses: Bauer & Reamer Corporation J & J Excavating J & J Charles & Sons Excavating Jacobson Excavating & Trucking, Inc. Kuper Excavating Company Macks Excavating Gas Piping Licenses: All Season Comfort American Burner Service, Inc. Paragon Heating & Air Conditioning General Contractor Licenses: Dennis Golla Construction Don Reinard Home Building & Remodeling Faircon Roofing Company Fireplace Construction Company Garlock - French Roofing Corp. Heaver Design & Construction, Inc. Jesco, Inc. Knights & Sons Construction Company Mary H. Anderson Construction Company Nick Heinen Construction Prestige Pool St. Charles Homes Shapes & Surfaces The Snelling Company Zimmerman Construction Heating & Air Conditioning Licenses: All Season Comfort, Inc. Apollo Heating & Ventilating Corp Central Air Conditioning & Heating Company Paragon Heating & Air Conditioning