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2001-05-01 City Council minutesPage No. I May 1, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 1, 2001 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. The following members were present: Mayor Mertensotto, Councilmembers Krebsbach, Schneeman and Vitelli. Councilmember Dwyer had notified Council that he would be late. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved approval of the amended minutes of the regular meeting held on April 17, 2001. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting to the regular agenda, revised to move item 5d, Mendota Heights Office Center, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the April 24, 2001 Planning Commission meeting. b. Acknowledgment of the Building Activity Report for April. c. Authorization for the appointment of Captain Jeff Piotraschke as Acting Police Chief until a permanent successor is appointed. d. Authorization for the issuance o a permit to Attracta Signs for the installation of a 26.7 square foot sign at 1140 Centre Pointe Drive, Suite 800, for Jack Henry & Associates. e. Authorization for the payment of $1,267.99 to Ms. Bernice Radke for sewer back-up clean-up costs at 2112 Aztec Lane, Page No. 2 May 1, 2001 with the understanding that the city denies responsibility for the back -up. f. Approval of the list of contractor licenses dated May 1, 2001. g. Approval of the List of Claims dated May 1, 2001 and totaling $678,335.32. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 MENDOTA HEIGHTS OFFICE Council acknowledged a memo from Public Works Director CENTER Danielson regarding a request for final plat approval for Mendota Heights Office Center along with a request for authorization for issuance of a building permit for the second building. Mr. Tony Feffer was present on behalf of the developers. Councilmember Krebsbach stated that in its discussions about the development, Council always stated that the plat and drawings must show where the trail easement would be, but the easement is not shown on the plat. She suggested that the matter be tabled until an appropriate drawing is submitted. Mayor Mertensotto stated that no building permit should be issued unless there is a definitive agreement from the developer granting a trail easement along Lexington Avenue. Public Works Director Danielson informed Council that attached to the plat is a letter from Mr. Feffer agreeing to grant the easement. He stated that Engineer Mogan is in the process of drawing the plans for the trail. He also informed Council that the county will not allow trail easements to be shown on plats along county roads, so a separate easement document would be necessary. Mayor Mertensotto asked whether the trail could be located within a utility easement. City Attorney Dan Schleck responded that in order to assure that the easements are available they must be shown on the plat since it is a document of record. The best approach would be to designate the area of the utility easement without designating where the trail will go within the easement. Page No. 3 May 1, 2001 Mayor Mertensotto stated that Council could grant a foundation permit on the condition that the developers provide the city with a revised plat showing a utility easement along Lexington Avenue. When the pedway is constructed, it will be constructed within that easement. Staff could issue a full building permit as soon as the developer submits a plat that is acceptable to staff. Councilmember Krebsbach agreed, stating that Council would have assurance that the easement will be shown on the plat as a utility easement and that is where the trail will be located. Councilmember Dwyer arrived at 7:40 p.m. Councilmember Krebsbach moved to authorize issuance of a foundation permit to the developer of the Mendota Heights Office Center with the understanding that as soon as the final plat is modified to show a general utility easement along Lexington Avenue, the Code Enforcement will be authorized to issue a full building permit. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Dwyer HOCKEY ARENA Council acknowledged a memo from Administrator Lindberg along with a letter from Mr. Francis Lang, of Lang- Nelson Associates, Inc., regarding a proposal for a joint venture between the city and St. Thomas Academy to build and operate a multi- purpose hockey arena. Mr. Lang was present for the discussion. Mr. Lang stated that he is on the Board of Directors of St. Thomas Academy (STA) and represents the Academy. He stated that this is a marvelous opportunity for St. Thomas and the city to put together a joint venture to continue to establish a youth hockey program. St. Thomas would donate land and the city would put together a building. He stated that he spent a lot of time with the STA Board of Directors and they are now willing to move forward. This would include a baseball field and meeting rooms for the city. Right now, STA contracts ice time with Inver Grove Heights and practice times in St. Paul. The practice times are late at night and difficult. Also, they have no place to keep their equipment. The home ice is shared with Inver Grove. Now, because they are moving on into the season, both St. Thomas and the youth hockey are being asked to sign multi year agreements for ice time with some of the arenas. Page No. 4 May 1, 2001 Mayor Mertensotto asked what Henry Sibley High School does for ice time. Mr. Lang responded that he does not know, but that MHAA is using West St. Paul. Councilmember Dwyer stated that MHAA no longer has control over the hockey program. West St. Paul is now running the hockey program for Mendota Heights and West St. Paul youth. Mayor Mertensotto stated that he suggested last time that Council name a task force and asked each member of Council to submit the names of two appointees for the committee. The Parks and Recreation Commission has designated three members to serve on the committee and one alternate. He stated that he would anticipate that the committee will make a needs assessment. Mr. Lang informed Council that STA is offering part of the 19.2 acres of land it owns, but not the entire parcel. Mayor Mertensotto stated that the easement from STA to the city would have to be to the city, not to the partnership. The debt service on the facility would be about $375,000 per year. The there is no way the city could operate the facility economically. Councilmember Dwyer stated that the people he is recommending for the committee are interested in not spending a lot of time. They think about two meetings will be needed. He reviewed the letter that Mr. Lang submitted for the audience. STA would lease the land to the city and the city would do the financing. STA would have right of first refusal to purchase the facility. The task force should act very quickly. He stated that Council's charge is to the people of Mendota Heights and Council has to weigh in their minds what the benefit would be to the residents of the community. Mayor Mertensotto was concerned that the architectural renderings were prepared by Mr. Lang. He asked whether it will be necessary to get quotes from other architects and also whether there may be any Mighty Ducks money available. Responding to a question from Councilmember Vitelli regarding benefit to the community, Mr. Lang stated that he understands the city is in bad need of a lighted baseball field. The common area space is meeting area space that is common in most ice arenas. That Page No. 5 May 1, 2001 can be used for any purpose the city would have during the day when the rink is not used. Councilmember Krebsbach stated that when Mr. Lang brought this forward last year, the proposal was to deed the land to the city. Treasurer Shaughnessy stated that the chair of the STA Board felt that a 99 year lease would be a better approach. Councilmember Krebsbach was concerned over what the affect would be of ownership versus lease of the land. She stated that she would want the task force to have a clear understanding of why the city would want to participate and what options the city would have short of selling the facility if there were an operating deficit. Treasurer Shaughnessy explained the different financing options. Mayor Mertensotto stated that STA paid a little over $1 million for the land. All of the ice arenas he is aware of are running in a positive manner. One thing that must be determined is how they are successful, which gets to the needs assessment. Everything that has been discussed this evening is open to discussion, including ice time. There should be an interim report back from the committee in 30 days. Councilmember Vitelli stated that the task force should analyze the number of young people served. The task force should give Council information on: 1) scheduling, management, maintenance, the common meeting room areas, the baseball fields, etc. — determine what the policies and procedures should be. 2) Definition of financial responsibility. 3) Risk analysis, primarily the financial risk, insurance needs, etc. 4) exit strategy. Councilmember Krebsbach stated that one of the key pieces would be why the city would want the land leased versus sold to the city. Mr. Tom Wilhelmy, 1017 Windwood Ct., stated that he has been a coach since he moved to Mendota Heights and is a very strong supporter of the arena. Mr. Bill Wild stated that he is the ice scheduler for West St. Paul/Mendota Heights. There are 457 children in the hockey program and 57% of them are from Mendota Heights. A program of that size requires 1200 hours of ice time. West St. Paul provides 800 hours, and he has to scour around for the remaining 400 hours. Page No. 6 May 1, 2001 Mr. Wilhelmy stated that STA is not just donating the land, it is agreeing to buy a great deal of ice time. Councilmember Krebsbach moved to establish a thirteen memer task force, ten appointed at large by Council members and three by the Parks and Recreation Commission. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach stated that the task force should select its own chair and members of Council will not be on the task force. Mayor Mertensotto stated that Mr. Lang will not be on the task force, nor will any representatives of St. Thomas. Mayor Mertensotto nominated Art Miller and Robert Lockwood. Councilmember Schneeman nominated Missy Hickey and Kevin Howe. Councilmember Vinelli nominated Dr. Bill Wild and Terry Raddatz. Councilmember Krebsbach nominated Tom Vinelli and Steven Patrick. Councilmember Dwyer nominated Joe Lulic and Tim Milner. It was noted that the Parks and Recreation Commission nominated Dick Spicer, Larry Craighead and Paul Portz, with Jay Liberacki as an alternate. Mayor Mertensotto stated that the task force should confer with the sports director from Henry Sibley, with Herb Brooks, Doug Woog and others who know hockey. Councilmember Dwyer moved to appoint the ten candidates nominated by Council and the three Park and Recreation Commission appointees to the task force. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Council established a 45 day time limit for the task force with direction to report back to Council in 30 days. Administrator Lindberg stated that she will contact the members of the task force and will set up a meeting schedule. CASE NO. 01 -05, PIRKL Council acknowledged an application from Mr. James Pirkl for the subdivision of property located at 1825 Warrior Drive. Council also acknowledged associated staff reports. i r Page No. 7 May 1, 2001 Mr. Pirkl informed Council that he plans to sell Parcel "C" to the owner of 610 Callahan Place, Mr. Kulhanek, who wants to ensure that no one builds next to him. Mr. Kulhanek's turn- around is not on his property now — it is located on the parcel identified as Parcel «C " Councilmember Dwyer was concerned that if the proposal were to go forward as presented, the city would end up with a lot (Parcel C) that is smaller than required by ordinance. Mr. Pirkl responded that the Planning Commission told him that Parcel C would have to be attached to the other lot. Councilmember Dwyer stated that if Council approves the application, it would be conditioned on platting Parcel C into Parcel A. Responding to a question from Councilmember Krebsbach, Mr. Pirkl stated that at one time he owned the entire piece of property. When he divided the property, it was done as a simple lot split, and he sold what is now identified as Parcel A to the current owner. Councilmember Krebsbach stated that she believes that Mr. Pirkl agreed at that time not to further split his lot. Mr. Pirkl responded that the commitment he made when he first developed the property was not to make any changes to his driveway in the future. Councilmember Vitelli stated that he thinks the proposal is reasonable with the condition that Parcels A and C be combined. Councilmember Dwyer stated that the combined parcels would result in a lot of approximately 36,500 square feet. He asked if Council would be doing anything tonight that would prevent the parcel from being further divided in the future. Mayor Mertensotto responded that the action Council would be taking would be to require the combination of the two parcels. If the parcel meets all requirements in the fuhire, the owner could apply to a future Council to subdivide it. Councilmember Schneeman moved adoption of Resolution No. 01- 19, "A RESOLUTION APPROVING A SUBDIVISION Page No. 8 May 1, 2001 APPLICATION FOR A LOT LINE ADJUSTMENT BETWEEN 1825 WARRIOR DRIVE AND 610 CALLAHAN PLACE." Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Staff was directed to make sure that the lot combination is recorded with the county. CASE NO. 01 -06, GROTHE Council acknowledged an application from Mr. Roger Grothe for a two foot height variance to allow a five foot tall fence around a swimming pool in the required front yard at 870 Mendakota Court. Council also acknowledged associated staff reports. Ms. Grothe was present for the discussion. Mayor Mertensotto stated that the Planning Commission recommended denial of the application. He informed Ms. Grothe that one of the things that makes this application different from others where variances have been granted is that the lot is not on a through street. Council has denied requests similar to this one in the past. Ms. Grothe informed Council that when she appeared before the Planning Commission, she thought the setback was measured from the street and thought they could relocate the fence 19 feet into their property in order to comply with the ordinance. The following day they found out that the setback starts at the property line. In order to meet the setback requirement, they would have to completely remove an existing play structure and garden. She stated that she is not asking for the variance for convenience but because they would have to remove a very nice play set and garden and would have a very small back yard if the fence is set at the setback line. Mayor Mertensotto responded that Council must operate within adopted rules and regulations. Unless there is a demonstrated hardship with the land, a variance cannot be granted. If Council were to grant this variance, it would be setting a precedent. Responding to questions from Councilmember Dwyer, Ms. Grothe stated that the swimming pool is under construction and they are going to go ahead with constructing the pool and the five foot fence. There is a perennial garden, trees a play structure and a berm in the area where the fence would go. If the fence is installed at the setback, they would lose a large part of their back yard and there is no room to move everything inside the fence. She stated that they Page No. 9 May 1, 2001 would like to replace the entire existing 3 foot with a five foot fence. Only a portion of the fence would fall within the setback area. Councilmember Vitelli suggested that Ms. Grothe install a five foot black chain link fence around the pool and keep the three foot fence that is already in place. Ms. Grothe responded that there is a patio between the pool and the fence and putting a fence there would make that area like a bowling alley. Councilmember Schneeman stated that the Grothes have a 3 foot white fence and their neighbors have a five foot white fence, and installing a five foot chain link fence inside the existing fence might make it look like maze. She further stated that having a five foot white fence all around the yard may not be the best for the area either. She agreed with Councilmember Vitelli's suggestion about black chain link. Councilmember Krebsbach stated that she supports the Planning Commission recommendation. Mayor Mertensotto stated that he does not see any alternative. The Grothes bought the property knowing what it was like and there is no basis for a variance. Councilmember Dwyer asked if there anything prohibiting them from putting a gate in the fence to allow access to the play structure. Ms. Grothe responded that the fence would go through the play structure if it is placed at the 30 foot setback. The play structure would have to be completely removed. Councilmember Dwyer asked if the structure would fit outside of the enclosure. Public Works Director Danielson responded that the principal structure should be the closest to the street. He stated that permits are not required for play structures, and they are sometimes placed where they should not be. Councilmember Vitelli agreed with the Mayor that Council does not have a choice. Page No. 10 May 1, 2001 Mayor Mertensotto stated that Council must deny the application tonight so that there is no problem with the 120 day rule, but if the Grothes can come up with another plan they can submit it to staff can come directly to Council or if it and staff can determine if it y must go to the Planning Commission. Council can give the applicants 60 days to come back with an alternative plan without an additional planning application fee. Councilmember Dwyer stated that the Grothes may have to decide between the pool and the play structure. No Council action would be required to install the five foot fence around the swimming pool if the setback requirement is met. Councilmember Schneeman moved adoption of Resolution No. 01- 20, "A RESOLUTION DENYING A TWO -FOOT FENCE HEIGHT VARIANCE APPLICATION FOR 870 MENDAKOTA COURT," with the understanding that the applicant will be allowed to come back within 60 days to have the city consider an alternative solution with no additional application fee. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CHARTER SCHOOL Mr. Scott Qualle, from Walsh Partners, was present to request preliminary feedback from Council with respect to the possibility of amending the zoning ordinance to allow a charter school in the Metro II building in the industrial park. Council acknowledged a memo from Assistant Hollister along with information submitted by Mr. Qualle. Mr. Qualle stated that he was approached by School Start, which represents charter schools that are looking for space. The Twin Cities International Elementary School and the Minnesota International Middle school are chartered by the state and are ready to go but they do not have any space. The Metro II building has classrooms on the lower level and office space on the second floor. It was his understanding that a conditional use permit was granted in the past for kindergarten and pre - kindergarten classes in the past. The property is zoned industrial and he would like to find out if the zoning ordinance could be amended to allow the charter schools to use the space. He stated that he is asking for an indication that he should appear before the Planning Commission to pursue the conditional use process for schools in the I District. Page No. 11 May 1, 2001 Mayor Mertensotto responded that Council was approached about a year ago by another charter school looking at the site. The question Council had to address was whether this was a place where Council wanted a school. It was the consensus that if the city wanted a school in the I District, the ordinance would have been created that way in the first instance. The prior party came back asking for approval to use the GNB building. Again, Council told them that the GNB building was not the place for a school. His opinion is that if the city wanted schools in those districts in the first instance, the properties would have been zoned for school use. He pointed out that there is considerable of traffic passing through the industrial park, which is why few schools are found in industrial areas. He felt it would be inappropriate to put any type of school in an industrial area because of the type of traffic through the area. Councilmembers Schneeman and Vitelli agreed. Mr. Qualle responded that the building has already been used as a school by District 197. Councilmember Krebsbach stated that Council was very reluctant to allow the use, which was special programming for older students and adults through the community education program. It was not used as an elementary school. Mayor Mertensotto stated that the school district changed the nature of the use without Council's permission. Mr. Qualle stated that there is not enough parking available for office use and the property has been off the tax rolls for a long time. There would be no co-mingling of students and office workers. There is more than ample parking space for the use. It is already built out for classrooms. He stated that he has been looking for space for this school for two and one half months and the best space he has found is old warehouses in Minneapolis. Mayor Mertensotto, stated that the building was built by a telephone company as a technical support building, which is the reason for the shortage of parking. The building was sold to a consortium of school districts who got together and bought the building because it would make an excellent single purpose data processing setting for them. They had to sell it because of financing requirements and the school district subsequently leased it. Page No. 12 May 1, 2001 Councilmember Dwyer pointed out that the charter school is talking about 350 students in the building. He stated that while he appreciates that they are having difficulty finding a site, he cannot in good conscience approve of 350 children at this site. Mr. John McCall, from School Start, stated that he understands Council's interest in maintaining the current zoning classification. Mayor Mertensotto stated that Council feels very strongly that it should maintain the industrial character of the industrial park. All members of Council agreed. MENDOTA BIKE Council acknowledged a memo from Assistant Hollister relative to a request from AAA Garage Door Company for a determination on whether its use of the Mendota Bike building would be substantially similar to other permitted B -2 uses. Mr. Todd Mullinax stated that he owns a business in Eagan and would like to purchase the Mendota Bike building and relocate his business. He met with staff and was advised that his use is not specifically designated as a permitted use in the B -2 District but it does fall into a number of similar classifications. He informed Council that his company sells garage doors and electric door openers to home owners. The homeowners would come to the show room and pick out a door, and AAA would deliver and install the door. He has a catalog of doors for people to view, and about 50% of the doors he sells are special order. The new doors are taken out to the homes and the doors they replace are brought back to the shop and placed in a dumpster. The company's trucks are stored at the service people's homes and are not kept on site. There will be some standard stock inventory in the building. Councilmember Dwyer asked how often semis would pull in with garage doors. Mr. Mullinax responded that business is heavier in the fall and sometimes they will have a delivery once a week then. From January through May, there will probably be a truck a month delivering doors to the site. They are probably more trucks coming to the bike shop now than his business will generate. Councilmember Krebsbach stated that the owner of the bike shop came in recently and proposed to sell it to someone else who wanted to expand the building. Council told him it could not be expanded. Page No. 13 May 1, 2001 Mr. Mullinax responded that he does not have any plans to expand and no immediate plans to further develop the property. There is a large parking lot in the back and he would never need to go beyond that area for expansion. Responding to a question from Councilmember Dwyer regarding the type of noise that will be generated, Mr. Mullinax stated that he would like to continue to bike operation and will use the front of the building for bikes and the rear for storage. If he were going to assemble bikes it would be done either in the front of the building or the basement. The noisiest thing that would be a part of the operation would be the trucks picking up the dumpster. Mayor Mertensotto stated that there are three residential homes directly to the east and undeveloped residential property behind the bike shop. He was concerned about the impact the service trucks would have on the residential properties. Mr. Mullinax responded that most often, his employees load the doors at the distributors and would come in to pick up their schedules. Typically, the vehicles they use are pick up trucks with toppers. They might come to the building, pick up boxes and take them to the site. Councilmember Vitelli stated that he has done some checking and understands that this is a very reputable firm. He felt that the use would be a good fit. Councilmember Dwyer stated that he does not see this as being much different from the current use. Councilmember Schneeman agreed, especially considering that the bike shop will remain. Mayor Mertensotto was concerned about the people who live around the site. Mr. Mullinax stated that there will be very little increase in traffic. He does not have a lot of people coming in. He stated that he is trying to increase the number of customers but his sales people generally do not come on site. The bike shop has many more customers coming to the site than his business will generate. He wants to keep the bike shop business in operation because the garage door company's season is exactly the opposite of the bike shop's Page No. 14 May 1, 2001 season. He stated that about 20% of his business is service — going to people's homes to service garage doors. Councilmember Krebsbach asked how many service people work, for the company. She also stated that when they come back, to the shop and put the old doors in the dumpster, they will make noise. Mr. Mullinax stated that he has six employees and they come on site once in the morning, which is when they put the old doors in the dumpster. He stated that he does not even notice it when they come and drop off the doors. Everything is taken apart, and one dumpster is used for the metal and another for the wood. He stated that he has never received a complaint about noise, even when his business was right next to a townhouse complex. Mayor Mertensotto stated that the city's ordinance states that noise from the operation cannot be discerned from off the site. He stated that it bothers him is the number of service trucks that come to the site. Mr. Mullinax responded that they service trucks come in about 7:30 a.m. and leave by 8:00 or 8:30, weekdays. He stated that there will be one truck that would remain on -site to be available to service the - other vehicles and for maintaining the parking lot in the winter. It is much safer to keep the other trucks off site. There will be six people working in the building during the day. The most cars that would be in the shop at any given time would be two or three cars during the business day, which ends at 6:00 p.m. There are about forty parkins spaces at the back of the building. Councilmember Krebsbach stated that she is concerned about garage doors being dropped in the dumpster every day, because of the noise. Councilmember Vitelli stated that there would not be as much noise as there would be from other allowed uses. Mr. Mullinax stated that the industry classifies his business as a type of hardware store. With respect to dumpster noise, he stated that there will always be noise from businesses and that every business has dumpsters. Mayor Mertensotto stated that if the business generates a lot of traffic, there will be a problem because the building is on a dead end street. Page No. 15 May 1, 2001 Councilmember Vitelli that if the building were converted to a drug store, which is an allowed use, Council wouldn't even be discussing it. A drug store would bring in considerably more traffic. Councilmember Schneeman stated that she feels that this would be a good use of the building. Councilmember Dwyer moved to determine that AAA Garage Door Company is substantially similar to the uses listed as permitted uses in the B-2 District. Councilmember Schneeman seconded the motion. Councilmember Krebsbach stated that she continues to have a concern about the dumpster noise and will vote against the motion for that reason. In order for her to approve the use, she would need a proposal for mitigating the noise. Mr. Mullinax responded that the only thing he an do to mitigate the noise is already being done. His people have to fit the pieces tightly into the dumpster, and do not throw pieces in. The loudest thing will be when the first door is put in the bottom. At least 805 of the businesses permitted in the district generate a great deal more traffic, including in the evening, and he closes at 6:00 p.m. Every use has dumpsters. There is a door on the back of the dumpster and all of the long product is pushed in through the door to fit in very tightly because of the disposal costs. Vote on Motion: Ayes: 3 Nays: 2 Mertensotto, Krebsbach PROTEC Coimcil acknowledged a memo from Administrator Lindberg along with a letter from ProTec Environmental regarding the Town Center Phase 11 environmental work. Mayor Mertensotto stated that the city will keep the proposals on file for use at the appropriate time. Attorney Dan Schleck recused himself from any discussion on the matter because he represents ProTec in legal matters. Ms. Leslie Strohm, from ProTec, stated that this is not actually a proposal for services. It is a letter indicating what needs to be done on the site. When they were hired to do Phase 1, there were a number of concerns, and she was asked to clarify those concerns. Page No. 16 May 1, 2001 Administrator Lindberg stated that staff asked ProTec to submit a memo explaining the Phase II process if they were to be given the award. At this time, this was just to give Council an idea of what services need to be done. Councilmember Dwyer asked what happens next on the Town Center project and if this is something that Council should be doing now. Attorney Schleck responded that this is the logical next step to the initial investigation that has been done. Some type of subsurface investigation is the natural next step. HEAVER HOMES Council acknowledged a memo from Assistant Hollister along with a revised plan from Mr. Keith Heaver for a home proposed to be constructed on Lot 1, Block 2, Ivy Falls South. Mr. Heaver stated that this plan is for a single story home with a walls -out. Councilmember Vitelli informed Mr. Heaver that the condition that applies to this lot does not apply to the lot across the street. The lot across the street from the lot under discussion has the condition of being a one story home. Mr. Heaver responded that over the last couple of weeks, he has worked with the owners of the lot and they have made changes and reduced the footage. Mr. Smith and Mrs. Heusens, neighbors, were present for the discussion and informed Council that Mr. Heaver has given them copies of the new plan. Councilmember Dwyer asked Mr. Heaver if he is representing that the plan is for a one story structure with a walk -out. Mayor Mertensotto stated that the condition will be that no dormers or other structural changes can be made to permit use of a second story. The same condition will apply to the other lot. No change can be made that will increase the vertical height of the structure. Mr. Heaver stated that there are no dormers and no dormers are planned. Page No. 17 May 1, 2001 Attorney Schleck recommended attaching the drawing to any approving resolution. Administrator Lindberg stated that staff notified the neighbors that this would be on this evening's agenda. Mr. Preston Smith stated that his concern is whether he will ever see the sun rise in that direction again. He wondered what the roof height is, stating that the drawing does not give him any way to determine the height. Mr. Heaver responded that it is sixteen feet to the mid-point of the roof from the front. The actual height of the roof to the top peak is 24 feet. The back side would be nine more feet. Councilmember Vitelli stated that some major changes and major accommodations have been made. The roof height has been reduced by four feet. Councilmember Dwyer moved adoption of Resolution No. 01 -21, "RESOLUTION APPROVING A BUILDING PERMIT FOR MR. KEITH HEAVER FOR LOT 1, BLOCK 2, IVY FALLS SOUTH," with the condition that there will be no dormers or any other roof modifications to facilitate creating useable space on the deck and that an equivalent plan will be used for the lot on the southeast side of Ivy Lane. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Krebsbach stated that Larson Greenhouse trucks are being parked on Larson property but right at the entrance to Augusta Shores. She asked staff to look into the matter and also to provide Council with information on regulations for above ground pools. ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned to the Ayes: 5 Nays: 0 ATTEST: Charles E. Mertensotto, Mayor Page No. 18 May 1, 2001 Council goal setting workshop scheduled for 6:00 p.m. on May 8 . Councilmember Krebsbach seconded the motion. TIME OF ADJOURNMENT: 10:17 p.m. Kathleen M. Swanson, City Clerk