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1986-08-05 Council minutesPage No. 2556 August 5, 1986 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 5, 1986 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 Lockwood called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Lockwood, Councilmembers Blesener, Cummins, Hartmann and Witt. AGENDA Councilmember Hartmann moved adoption of the ADOPTION agenda for the meeting, including items contained in the add-on agenda. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF Councilmember Blesener moved approval of the MINUTES minutes of the June 16th meeting with correction. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 CONSENT Councilmember Hartmann moved approval of the CALENDAR consent calendar as submitted and recommended for approval as part of the regular agenda, along with authorization for execution of all necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for July. b. Acknowledgment of the minutes of the July 8th Park Commission meetin,g. c. Acknowledgment of the minutes of the July 22nd Planning Commission meeting. d. Adoption of Resolution No. 86-62, "RESOLUTION APPROVING THE LOT DIVISION OF SOUTH 190 FEET OF THE NORTH 1089.5 FEET OF THE EAST 228.32 FEET OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 27, R23W," Henrich lot division. Ayes: 5 Nays: 0 ABATEMENT Ayes: 5 Nays: 0 Page No. 2557 August 5, 1986 e. Approval of a Corporate Resolution naming the City Administrator, Treasurer and Clerk as authorized to enter the City safe depos- it box at the Dakota County State Bank. f. Approval of plans and specifications and authorization to advertise for bids for 1986 Seal Coating. g. Acknowledge that approval of the Krey Sub- division (Case No. 85 -03) included approval of variances as shown on the plat. h. Approval of the List of Claims dated August 5, 1986 and totalling $208,166.21. i. Approval of the list of contractor licenses dated August 5, 1986 and attached hereto. j. Approval of the issuance of club liquor licenses to Mendakota Country Club and Somerset Country Club. Councilmember Witt seconded the motion. Assistant County Assessor Bill Peterson was present to request approval of an abatement. Councilmember Cummins moved approval of an abatement for Mr. George Stephens for Parcel No. 27- 27800- 220 -05, reducing the market value from $70,800 to $53,300 and the assessed value from $14,040 to $9,527 for taxes payable 1984; reducing the market value from $70,800 to $53,300 and the assessed value from $13,800 to $9,507 for taxes payable in 1985; reducing the market value from $74,300 to $55,900 and the assessed value from $14,507 to $10,062 for taxes payable in 1986. Councilmember Hartmann seconded the motion. BID AWARD Financial Advisor Shaughnessy reviewed a IMPROVEMENT BONDS tabulation of bids received for the sale of $2,400,000 in permanent improvement bonds. Councilmember Witt moved adoption of Resolution No. 86 -63, "RESOLUTION ACCEPTING BID ON SALE OF $2,400,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1986 PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF," Ayes: 5 Nays: 0 LAKE LEMAY BIDS Ayes: 5 Nays: 0 BID AWARD, EVERGREEN KNOLLS 2ND ADDITION Ayes: 5 Nays: 0 HEARING -- CASE NO. 86 -19, MENDAKOTA MALL Page No. 2558 August 5, 1986 awarding the bid to the First Bank their low bid of $1,480,620, for a rate of 7.226 %. Councilmember Cummins seconded the St. Paul for net interest motion. The Council acknowledged a memo from the Public Works Director informing Council of the result of bidding for Lake Lemay Phase I improvements. As the result of the unfavorable bidding, the special July 22nd meeting had been cancelled. Councilmember Cummins moved to reject the bid of Lametti and Sons, Inc. in the amount of $462,355 for Lake Lemay Phase I improvements. Councilmember Biesener seconded the motion. The Council acknowledged a tabulation of bids received for Evergreen Knolls 2nd Addition improvements. Councilmember Cummins moved adoption of Resolution No. 86 -64, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET IMPROVEMENTS TO SERVE EVERGREEN KNOLLS 2ND ADDITION (IMPROVEMENT NO.86, PROJECT NO. 6)," awarding the contract to Brown and Cris, Inc., for their low bid of $160,751.95. Councilmember Hartmann seconded the motion. Mayor Lockwood opened the meeting for the purpose of a public hearing on an application from the Hayber Group for Comprehensive Plan Amendment, Conditional Use Permit for Planned Unit Development and Rezoning to allow construction of a shopping center on 12 acres of property currently owned by Mendakota Country Club. Mr. James Wenker, representing the developers, briefly reviewed the market study for the project and stated that phased development of a 100,000 square foot shopping mall is proposed. He stated that Hayber Development has been working on the project for about a Page No. 2559 August 5, 1986 year and that it is the firm's basic intent at this time to get the property properly zoned so that they can make a purchase transaction from Mendakota. Mr. Wenker stated that he believes the proposed retail mall will fit in well with surrounding properties and land uses, and that it is intended to provide an up-scale retail mall. He informed the Council on similar developments which Hayber has developed. Mr. Wenker stated that he hopes to begin the first phase of development in a year but that ground will not be broken until he has tenant commitments. He described the proposed plan for an interior circulation mall which he stated would have two stories with upper and lower parking lots to break up the asphalt area and provide green space. Mr. Tom Diangi, project designer from Architectural Alliance, stated that in designing the project, he wanted to keep as many of the trees and as much of the natural greenery of the site as possible. Because there is significant grade change from north to south on the site, the project was consolidated into a two-level mall: on-grade access to each of the parking lots and buffer zones are possible for this reason. He stated that the major entrances are proposed to be an alignment with the entrance to the property to the south and an entrance to the lower parking lot aligned with South Plaza Drive. Mr. Diangi then described the proposed plan and drawings which had been submitted to the Council. He stated that Phase I will be a 50,000 square foot retail mall and 7500 square foot restaurant and that the restaurant will have an separate entrance from outside as well as from inside the mall. Mr. Diangi responded to Council questions on access to Dodd and traffic. He also indicated that the plan provides for the future potential widening of Dodd. Counciimember Cummins expressed concern over shopping center traffic onto Dodd and asked whether the developers have discussed access issues with Mn/DOT. Counciimember Blesener also expressed concern and asked whether a single access on the north and one on the south Page No. 2560 August 5, 1986 side of the site would be sufficient for the anticipated traffic. Mr. Diangi responded that they have discussed the matter with Mn/DOT only to the point that Mn/DOT controls where the entrances can occur. He stated that he has talked with the City Planner about the accesses and discussed the possibility of right turns only from the site. Mr. Diangi stated further that in his discussions with Mn/DOT it appears that the issue of whether there will be stop signs and semaphores is apparently an issue of supply and demand. Mr. Wenker stated that the project proposed is essentially a retail mall and that if there is an interest in the second story being professional office space, such as dental or medical offices, he believes that would be considered compatible with the retail use, but the project will not evolve into an office complex. Responding to a question from Councilmember Cummins, Mr. Wenker stated that the term "large distribution retailer," as used in the market study would mean a major tenant (20,000 square feet of space) such as a large scale bookstore or perhaps a furniture store. Mr. Lou Brenner, representing Mendakota, stated that in his conversations with Mn/DOT over the years, Mn/DOT officials have consistently stated that a shopping center of this size and location would not have an impact on traffic on Dodd. He stated that Mn/DOT has taken several traffic counts and feels that traffic on Dodd and T.H. 110 will reduce considerably after I- 494 completion. Mr. Brenner stated that the Hayber proposal is part of a three phase development for Mendakota. He informed Council that the Club plans a $3 million project for construction of a new clubhouse, and that sale of the property to Hayber must be accomplished in order to finance the project. He stated that the firm is putting down a considerable amount of money on the land and will not complete the purchase until they can get sufficient pre-leasing to finance the mall structure. He pointed out that under the PUD Page No. 2561 August 5, 1986 process Council will have the opportunity to make whatever changes they feel necessary, and that all that is being requested tonight is concept approval. Mr. Wenker stated that he is only asking for concept approval and must come back for approval of a preliminary plat which will address access. He informed Council that he would like to hear Council's concerns and work to accommodate their resolution. Councilmember Blesener asked staff what position the City would be in if Council moved on the Comprehensive Plan amendment, changing the designation from golf course to business, rezoning the land subject to approval of the amendment, and the developer doesn't pre -lease therefore doesn't proceed with the project as proposed. She also asked whether approving the conditional use permit for planned unit development would be approving what is now before Council. Attorney Hart stated that B -4 development must proceed under the PUD approach. He stated that Council would be approving the PUD concept being presented tonight, an outline and plan: Council would then have approval of the building plans, platting and easements along T.H. 149 to consider later. He pointed out that once Council passes the Comprehensive Plan amendment and the rezoning the City is tied to B -4 use. Mr. Brenner informed Council that if Hayber cannot accomplish the plan proposed, the Country Club will ask that the property remained zoned as it currently exists. He pointed out that Mendakota's development plans depend upon the Hayber development as it is proposed. He explained that the arrangement with Hayber is not a purchase but rather an exchange: Hayber must deposit money for the exchange and the clubhouse must be built before the exchange can occur. Mr. Robert Utne, President of Mendakota Country Club, stated that many of the concerns raised by Council have been discussed by the Club's membership. He further stated that the Page No. 2562 August 5, 1986 Club has a stake in the community as a corporate owner and as community residents and does not want a low quality business adjacent to the club. He pointed out that the process of finding such a good development project took two years, that the development is very important to the entire Club project, and that the club shares Council's concerns. In response to a question from Councilmember Cummins, Mr. Utne and Mr. Brenner reviewed the membership's vote on the proposed Mendakota project. Mayor Lockwood asked for questions and comments from the audience. Mr. Bernard Friel, 750 Mohican Lane, stated that he shares Council's concern over rezoning at this time. He stated that it doesn't seem that the developer is sufficiently confident on what he is going to commit to the site until he has it leased, yet he is asking the City to rezone the land without sufficient commitment. He suggested that if there is concern about the developer proceeding with something consistent with what he has outlined, Council might consider asking the developer to execute a contract in which he agrees to give up the zoning if he does not proceed with the plan. The contract could obligate the developer to returning the land to its prior zoning if he doesn't proceed with the plan. He also stated that he has not heard anyone say why the proposed shopping center would do better than the Mendota Plaza which has been in existence for 30 years. Mr. Friel stated that he is deeply concerned over changes to the Comprehensive Plan and rezoning. Mr. Brenner stated that the proposed mall is very complimentary to the community. He felt that the Mendota Plaza is a distressed site for lots of reasons but that this type of mall is successful in several other areas, it has a successful developer, and Mendakota will help to see that it is successful because the mall is very important to the Club. Mayor Lockwood stated that he feels the proposal is an extremely substantial change for the Council to consider and asked Mr. Wenker Page No. 2563 August 5, 1986 whether he has spoken to the prospective purchasers of the Mendota Plaza. Mayor Lockwood stated that he would like the matter held over to another meeting to determine what other factors might affect a decision. Mr. Wenker stated that he cannot proceed with planning, financing or leasing unless he has a commitment. He stated that he must be assured that he can build what is proposed and cannot do that unless he knows that the zoning will allow it. Councilmember Blesener pointed out that Council is not confident with rezoning unless Mr. Wenker gives Council more information. Councilmember Cummins stated that he feels the hearing should be continued and that Mr. Wenker should be asked to work with staff and come back with specific details on how the plan might handle traffic at the intersection. He stated that he doesn't think three entrances from the site will work; otherwise he believes the plan is good and he could approve it if some of the concerns can be resolved. He suggested that Mr. Wenker talk to the Lincoln Property representatives, at least regarding traffic controls. He pointed out that the entire Council has expressed concern over committing to rezoning and Comprehensive Plan amendment -- the City might end up with a parcel of B -4 property with no development completed and an uncertain future. He felt that there must be a way Council can give some assurances on zoning without committing to the rezoning. He also felt that Mr. Wenker should discuss the plan with Mn /DOT Attorney Hart stated that if there is good reason, based on public health, welfare and safety, Council could rezone the land back to its current zoning, but there must be sound reason. He stated that Mr. Friel's suggestion about a contract is good and could be done. Mayor Lockwood stressed the fact that the Council must retain the ability to rezone back to R -1. Mr. Brenner stated that the Club could not Page No. 2564 August 5, 1985 afford the taxes on the property if it were zoned B -4. He asked for specific direction on what meaningful information to return with if the hearing is continued. Mayor Lockwood stated that Mn /DOT should be contacted as to where they would recommend putting a traffic light and how they suggested the entrances be treated. Councilmember Cummins moved to continue the public hearing to August 19th, directing staff to work with the developer on specific plans and proposals on traffic and on the possibility of conditional rezoning so that Council is not unduly restricted in control over the development. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 HEARING - CASE Mayor Lockwood opened the meeting for the NO. 86 -20, PONDS purpose of a public hearing on an application OF MENDOTA from Michael Kurtz (The Preserve of West St. HEIGHTS Paul), for Comprehensive Plan Amendment, rezoning and preliminary plat approval for property north of T.H. 110 between Warrior Drive and Dodd Road. Council acknowledged a petition from the Freeway Road area objecting to the extension of South Lane. Mr. Michael Kurtz stated that he has purchased the property from the School District and proposes 23 single family lots in excess of the 15,000 square foot R -1 requirement. He stated that the property is difficult to develop because of the pond but that the lots will be beautiful and homes constructed on them should average between $185,000 and $250,000. He felt that the development will be an improvement to the area and that surrounding property owners will be pleased with it. He pointed out that staff has expressed concern over controlling the level of the pond: he felt that the best way to control storm water would be to take the storm sewer out to Wesley Lane and avoid installing storm sewer in South Lane. In response to a question from Mayor Lockwood, Public Works Director Danielson stated that there are storm sewer problems: there is storm Page No. 2565 August 5, 1986 sewer in Warrior Drive, but the distance is a problem, and there is no curb and gutter on South Lane so installation of storm sewer there might be difficult. Planning Commission Members Krebsbach and Henning, present for the discussion, reviewed the Commission's discussion and action on the matter, particularly with regard to the extension of Warrior Drive. Councilmember Witt stated that the intersection of Callahan and Marie is a blind intersection and that this is the reason that Warrior was never extended. She asked whether there has ever been a plan to extend South Lane to serve this area. Mr. Danielson responded that the School District has owned a 60 foot strip of property from the end of South Lane to the property which he believed was purchased with the intent that it be dedicated to the City as a street when the property develops. Responding to a question from Councilmember Hartmann, he stated that it appears that the Wells house on South Lane is 30 feet from the proposed right -of -way. Mayor Lockwood asked for questions and comments from the audience. Mr. Ken Peterson, 645 North Freeway Road, stated that an extension of South Lane would be disastrous to his property, making it a corner lot and creating traffic, and suggested that he could take adverse possession of the 60 foot strip since he has maintained it for 30 years. Councilmember Blesener asked what other kind of exit from the area could be provided to the northwest and whether there is any other property that is owned and could be used for access. She also asked the distance from the west edge of the property to Dodd. Mr. Kurtz stated that suggested that the development will increase the value of the area, and stated that he is planning to plant pine trees along the Peterson and Wells properties to reduce the impact of the South Lane extension. Page No. 2566 August 5, 1986 Mr. Roy Lapean, 620 Callahan Place, stated that he purchased his property in 1962 and that when the School was constructed fill dumped on the Warrior Pond property created a drainage problem on his land. He was concerned that additional grading on the site will only increase his drainage problems. Mr. Peterson stated that there is peat in the area of the development and suggested that nothing should be done before soil tests are conducted. Mr. John Perron, 1940 South Lane, asked why it wouldn't be feasible to run the storm sewer out to Dodd Road and let South Lane alone. Public Works Director Danielson responded that the capacity of the pipe is not adequate, but that the suggestion could be studied when the feasibility report is done and the Wesley Lane storm sewer is in place. Mayor Lockwood suggested that the developer should be required to pay all of the costs for the project, as has been done in other projects, so that surrounding property owners are not burdened with the cost of public improvements that are intended to serve someone else. Mr. David Richel, 610 Callahan Place, asked what the plan is for extending Warrior Drive and indicated that he believes extending it to Callahan would be very dangerous. Mr. Walter Steuve, 642 Callahan, stated that he is bothered that the Wesley Lane storm sewer was built so small when it should have been anticipated that this property would someday develop. Mr. Lee Bakewell, member of the School Board, responded to a question from the Mayor on drainage on the School property. Mrs. Colette Seivert, 689 North Freeway, stated that she has looked at the Preserve, which is being developed by Mr. Kurtz, and the first thing she noticed was that the site was denuded. She asked whether he would do the same to the Warrior Pond site, removing all the Page No. 2567 August 5, 1986 underbrush, trees, etc. She expressed concern that wildlife in the area would lose its habitat. Councilmember Cummins suggested that a 30 foot wide scenic easement area be created around the pond and that purchasers of the lots be prohibited from cutting down trees and required to preserve the pond in its natural state. Mr. Russell Wahl, 641 Callahan Place, expressed two concerns: that there be 6 rather than 7 lots on the east side of the pond, and that the residents' concerns over the pond be addressed. Councilmember Cummins indicated that he would not consider rezoning unless soil borings indicate that the property is buildable and until information on street access, safety and storm sewer installation is available. Councilmember Blesener felt that Lots 3 and 4, Block 2 should be combined into one lot so that they would be more compatible with neighboring lots. Councilmember Witt stated that she would like the applicant to come back with a plan which includes a scenic easement around the pond as well as a plan for preserving the quality of the water, and erosion control. Councilmember Cummins moved to continue the hearing to 7:45 P.M. on September 16th, directing staff to address all of the issues enumerated by Council and the developer to do soil borings and provide a report to Council. Mayor Lockwood seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Lockwood called a recess at 10:40 P.M. The meeting was reconvened at 10:50 P.M. MENDAKOTA ESTATES Mr. Howard Bream was present to request approval of the final plat and petition for utilities for Mendakota Estates. He stated that he is asking for approval of 34 single family lots to the rear of the development, 106 multiple family units on Outlot A, along Dodd Road at the front of the property, and Outlot B as the park dedication. He informed Council Page No. 2568 August 5, 1986 that his firm is negotiating the sale of Outlot C to Mendakota Country Club. Responding to a question from Councilmember Cummins, Mr. Bream stated that there is a good possibility that his firm will only develop the single family portion of the development and some other developer might develop the multiple family portion. He felt that it seems wiser on behalf of the City to delay anything on Outlot A at this time because its development proposal will depend on the market and because the City will retain its rights for approval under the PUD process. Also responding to a question from Councilmember Cummins, he stated that has asked only for concept approval on multiple family and the Outlot has been approved for a density of 106 units. Mayor Lockwood pointed out that the plan was approved on the basis of R-1 density for the entire parcel, the equivalent of what was done in the Ivy Falls and Eagle Ridge planned unit developments. Councilmember Cummins stated that he has considerable respect for Bream Homes, Inc. but that he has a problem with taking a property zoned as R-1 and approving a multi family concept through the PUD device. He stated that the Council has made representations to people that it would not use a PUD process to do a "back-door rezoning." He noted that while the legal opinion says this can be done, he believes the Council has broken a covenant and that while he is pleased that Bream is involved he cannot in conscience vote in favor of approval of the plat. He also asked that Attorney Hart draft an amendment to the PUD ordinance that would eliminate the use of PUDs to allow a development inconsistent with what the land is zoned. He stated that if apartments and townhouses are allowed through the PUD process in areas everyone thinks is single family, he believes Council owes the public the full benefit of receiving a 4/5ths vote as is required by rezoning but not under the PUD process. Councilmember Blesener stated that the plan violates the concept of a PUD where the object Ayes: 3 Nays: 2 Blesener Cummins Ayes: 5 Nays: 0 Ayes: 3 Nays: 2 Blesener Cummins Page No. 2569 August 5, 1986 is to preserve amenities for the common good. She felt that the lake area should not be considered as area in the plat for density purposes when it is not being used for the common good. Mayor Lockwood stated that the City Planner has indicated that whatever the area is, it is space to be preserved and when structures can be clustered together to preserve space it should be done. Councilmember Witt expressed concern that if the application were denied and a lawsuit were filed the City would lose since there is precedent -- similar PUDs have been developed in other areas of the City. After discussion, Mayor Lockwood moved adoption of Resolution No. 86-65, "RESOLUTION APPROVING FINAL PLAT," for Mendakota Estates. Councilmember Hartmann seconded the motion. Councilmember Witt moved adoption of Resolution No. 86-66, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR MENDAKOTA ESTATES." Mayor Lockwood seconded the motion. Councilmember Witt moved to authorize the Mayor and City Administrator to execute the developers' agreement for Mendakota Estates. Councilmember Hartmann seconded the motion. Councilmember Cummins asked that the City Attorney be directed to prepare a draft amendment to the PUD ordinance to require: that there be rezoning for a PUD when the use is inconsistent with the normally understood concept of the zoning; or to limit PUDs to the use of the underlying zoning. Councilmember Blesener asked that the Attorney also report on the implications of such an amendment. CASE NO. CAO 86-06 Mr. Howard Bream was present on behalf of Mr. & KREBSBACH Mrs. Norbert Krebsbach, to request approval of Ayes: 5 Nays: 0 DARSOW FARMS LLOYDS MEATS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 2570 August 5, 1986 a ten foot front yard setback variance for 1230 Culligan Lane and critical area plan to allow construction of a residence 10 feet closer to the front property line than the ordinance allows. After discussion, Councilmember Cummins moved approval of the setback variance as presented and authorization to staff to issue the building permit. Councilmember Witt seconded the motion. Ms. Kalista Laudon was present relative to preservation of the Darsow Farm. The matter was discussed briefly and Council acknowledged letters from Mr. Lowery, from the Dakota County Parks Department, and Mr. Nelson, from the state Historical Society. Mr. Lloyd Sigel, President of Lloyd's Food Products, Inc. was present to request approval of a building permit to expand the Pabst Meats facility at 1455 Mendota Heights Road. Councilmember Hartmann moved approval of the issuance of a building permit for expansion of the Pabst Meat facility subject to staff review of the full plans and specifications. Councilmember Cummins seconded the motion. The Council acknowledged a memo from City Treasurer Shaughnessy recommending establishing a public hearing on an application from Lloyd's Food Products, Inc. for $3,500,000 in industrial revenue financing for the acquisition and expansion of the Pabst Meats facility at 1455 Mendota Heights Road. Councilmember Cummins moved adoption of Resolution No. 86 -67, "RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR AN INDUSTRIAL DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING," the hearing to be conducted on September 2nd. Councilmember Witt seconded the motion. CASE NO. 86-24, DUDDLESTON Ayes: 4 Nays: 1 Blesener CASE NO. 86-23, SHAUGHNESSY Ayes: 5 Nays: 0 Page No. 2571 August 5, 1986 Mr. Dave Duddleston, 785 Hilltop Court, was present to request approval of a 15 foot front yard setback variance to allow construction of a garage addition fifteen feet from his front property line. He informed Council that all of the neighbors on the cul-de-sac have signed a statement supporting his request and pointed out that locating the addition as proposed will save as many of the trees on the site as possible. The total addition as proposed will add 400 square feet of living space and 500 square feet of garage. Councilmember Blesener stated that she feels the construction as proposed would encroach on the open space in the area, especially since the lot is very prominent as one enters the neighborhood. Mayor Lockwood moved approval of a 15 foot front yard setback variance to allow construction of a garage addition at 785 Hilltop Court, fifteen feet from the front property line. Councilmember Hartmann seconded the motion. Mr. Robert Burow, representing Lawrence Shaughnessy, Jr., reviewed the preliminary plat for the proposed Deer Trail Hills Addition, and 8.3 acre parcel of land on the west side of Wachtler Avenue. He stated that the proposed plat contains 12 lots, approximately 24,600 square feet of net area per dwelling unit. He stated that the developer is trying to preserve as much of the natural vegetation as possible in the preliminary plat and thus proposes two cul-de-sacs to serve the plat. In response to a question from Councilmember Witt, he stated that the developer would like to maintain 110 foot lot widths at the building line. Mr. Burow and staff responded to questions from the Council regarding wetlands and maintenance of the cul-de-sacs. Councilmember Hartmann moved approval of the preliminary plat and wetlands permit for Deer Trail Hills. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 CASE NO. 86 -23, COPPERFIELD Ayes: 5 Nays: 0 COPPERFILD ASSESSMENTS Ayes: 5 Nays: 0 Page No. 2572 August 5, 1986 Mayor Lockwood moved adoption of Resolution No. 86 -68, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF REPORT ON DEER TRAIL HILLS IMPROVEMENTS." Councilmember Cummins seconded the motion. Mr. Dick Ostenson, from Tandem Corporation, was present to request approval of two entrance monuments to the Copperfield First Addition, and later, a third monument for the Second Addition. He stated that the monuments will be constructed of brick and cedar and will cost approximately $4,000 each and that easements will be created on the corners of the lots on which the monuments will be placed. Councilmember Hartmann asked about setbacks from the street and stated that if the monuments are placed in such a way that they would create a sight obstruction he would have serious concern. Mr. Ostenson stated that the structures would all be on private property outside of the right -of -way and within lots. Mr. Ostenson stated that Tandem will maintain the monuments as long as it is involved in the development; there will be an architectural control committee after 90% of the lots are occupied and that committee will be in place to take care of maintenance and repairs. Councilmember Hartmann moved adoption of Resolution No. 86 -69, "RESOLUTION AMENDING THE COPPERFIELD PLANNED UNIT DEVELOPMENT," to allow construction of entrance monuments at Pond View Drive, Bent Tree Lane and High Pointe Road. Councilmember Cummins seconded the motion. Mayor Lockwood moved adoption of Resolution No. 86 -70, "RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL FOR COPPERFIELD ADDITION PHASE I (IMPROVEMENT NO. 85, PROJECT NO. 4)." Councilmember Witt seconded the motion. Page No. 2573 August 5, 1986 FEASIBILITY STUDY The Council acknowledged and discussed the COPPERFIELD SECOND feasibility report for improvements to serve ADDITION the Copperfield Second Addition. It was noted that the developer has requested authorization to privately install the public improvements to City standards and with City inspection. Ayes: 5 Nays: 0 CENTRE POINTE SOUTH Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Mayor Lockwood expressed concern over what construction activity will occur during the 6 month moratorium on the Darsow Farm lots. Mr. Ostenson pointed out that the agreement with the developers is that they will not improve or sell those lots during the moratorium period. He stated that the developers will develop the rest of the plat, including construction of Fieldstone Drive, and that the improvements will be privately financed. After discussion, Councilmember Biesener moved to authorize staff to prepare a developers agreement that will allow Tandem Corporation to install public improvements for Copperfield Addition, Phase II. Councilmember Witt seconded the motion. Councilmember Biesener moved adoption of Resolution No. 86 -71, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE YORKTON CENTRE POINTE SOUTH AND ADJACENT AREAS (IMPROVEMENT NO. 84, PROJECT NO. 4)." Councilmember Cummins seconded the motion. Councilmember Blesener moved adoption of Resolution No. 86 -72, "RESOLUTION REQUESTING THE STATE OF MINNESOTA TO PARTICIPATE IN THE COSTS FOR THE FRONTAGE ROAD IN CONJUNCTION WITH YORKTON CENTRE POINTE SOUTH BUSINESSES DEVELOPMENT." Councilmember Cummins seconded the motion. BUDGET It was the consensus of the Council that a review of the proposed 1987 Budget be held at 7:00 P.M. on August 28th. CITY HALL TOUR ELECTION JUDGES Ayes: 4 Nays: 0 MISCELLANEOUS Page No. 2574 August 5, 1986 It was the consensus of the Council that a tour of City Halls be conducted beginning at 12:00 on August 27th and that the City Administrator select the facilities to be included in the tour. Councilmember Witt moved adoption of Resolution No. 86-73, "RESOLUTION APPOINTING 1987 ELECTION JUDGES." Councilmember Blesener seconded the motion. Responding to a request from the Chamber of Commerce, the Council indicated that it is not interested in placing a City promotional ad in the Chamber's Community Directory. COUNCIL COMMENTS Members of the staff responded to various Council comments regarding weed complaints, the North End street construction timetable and lawn repair after cable installation. ADJOURN Ayes: 5 Nays: 0 Councilmember Blesener asked that no smoking be allowed in the Council Chambers after 10:00 P.M. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Blesener seconded the motion. TIME OF ADJOURNMENT: 12:40 o'clock A.M. 7) 1.42(471_,) S4,4-0 thleen M. Swanson City Clerk ATTEST: Robert G. Lockwood Mayor