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1998-07-07 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 7, 1998 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. Mayor Mertensotto called the meeting to order at 7:30 o'clock p.m. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, excluding Item "o ", along with authorization for execution of any necessary documents contained herein. a. Acknowledgment of the June 10 Airport Relations Commission Minutes. b. Acknowledgment of the June 23 Planning Commission Minutes. c. Acknowledgment of the Building Activity Report for June. d. Acknowledge Receipt of the Unapproved Minutes from the June 3 NDC4 Meeting. e. Approval to Transfer Funds from the General Fund Budget to the Equipment Replacement Reserve Fund. f. Approval of Sign Permit Request for 2060 Centre Pointe Boulevard Page No. 2 July 7, 1998 9. Approval of Agreement with US West Dex, Inc., to allow a Phone Book Recycling Dumpster in the City Hall Parking Lot for Phone Book Recycling h. Acknowledge Receipt of Information regarding the Minneapolis/MAC Third Parallel Runway Contract i. Acknowledge Receipt of Information Regarding Parkview Plaza's Purchase of a PA System j. Approval of Tom Thumb Easement Acquisition k. Approval to Remove from Probationary Status and to Appoint as Regular Sergeant Status Effective July 1, 1998 - (Police Department) 1. Adoption of Resolution No. 98-37, "RESOLUTION TO PARTICIPATE IN THE SAFE AND SOBER GRANT PROGRAM" m. Acknowledge Receipt of Information from the June MASAC Meeting n. Approval of the List of Contractors 0. REMOVED FROM AGENDA Approval of the List of Claims P. Attendance at Out of State School q- Accept Resignation of Councilmember Koch and Adoption of Resolution No. 98-38, "RESOLUTION ACCEPTING RESIGNATION OF CHRISTINE KOCH, EFFECTIVE JULY 31, 1998, AND DECLARING A VACANCY ON THE MENDOTA HEIGHTS CITY COUNCIL" Councilmernber Koch seconded the motion. Ayes: 5 Nays: 0 Page No. 3 July 7, 1998 With respect to Consent Calendar Item "k ", Police Chief Scott Johnson explained Sergeant Piotraschke has transitioned well from patrol officer to first line supervisor and has demonstrated excellent leadership skills. In addition to his position as one of three supervisors, Sergeant Piotraschke also oversees the Police Records and Investigations Divisions. Chief Johnson requested Sergeant Piotraschke be removed from probationary status and appointed as a regular Sergeant with the Mendota Heights Police Department. PUBLIC COMMENTS Brian Birch, 755 Willow Lane, informed the Council of some problems with street construction in the area. He explained the roadway was graded and his property was flooded with debris, sand and silt. During this project, flooding has continued to occur. Mayor Mertensotto requested Mr. Birch document his concerns in writing so they may be forwarded to the Engineering Department for their investigation. CITIZEN REQUEST Mayor Mertensotto acknowledged the Police Department FOR SPEED BUMPS - Report of Chief Johnson. IVY FALLS AVENUE Mayor Mertensotto suggested stop signs every block to slow the traffic, however, he felt this should be a last resort type solution. Councilmember Smith felt with the current status of I -35E bridge repairs, this particular area will be subjected to additional traffic, generally earlier in the morning. She pointed out other cities imposed restricted turns during peak hours. Mayor Mertensotto noted it appears people are being cautious in this area. He pointed out State statute dictates the speed limit cannot be lower than 30 miles per hour unless school traffic is being addressed. Mayor Mertensotto suggested additional monitoring by the police department with zero tolerance. He felt the area should be monitored and if the problem persists, restricted Page No. 4 July 7, 1998 turns or additional stop signs could be considered. Mayor Mertensotto felt speed bumps would create a hazard for snow removal and emergency vehicles as well as other vehicles. Councilmember Krebsbach informed the audience that Council supported the I -35 E bridge reconstruction option which will leave one lane open each way during construction. Lynne Harich, 645 Ivy Falls Avenue, pointed out the stop sign at Sylvandale and Ivy Falls Avenue is blocked by Mr. Mullaney's trees and it may not be visible to drivers. Mayor Mertensotto referred this matter to the Public Works Department for resolution. In addition, Ms. Harich suggested a sign indicating "Children at Play" be placed in the area given the high number of children in the neighborhood. Mayor Mertensotto did not feel this would be effective. Councilmember Smith felt the sign would be a good reminder to motorists, however, she cautioned that such a sign could give residents a false sense of security. Robert Jackels, 640 Ivy Falls Avenue, felt unusual solutions should be utilized to address the issue of speed in this area. He explained this is an unusually long street and asked the Council keep this in mind. Angela Thorenberg, Sylvandale Boulevard, stated the hours of 5:30 to 8:30 p.m. appear to be a peak traffic time and felt this would be a good period of time in which the police department could patrol the area. Ms. Thorenberg stated she would like the Ivy Falls / Sylvandale Lane intersection to have a three way stop. SNYDER'S SIGN PERMIT Council acknowledged a memo from Administrative Assistant Patrick Hollister regarding a minor amendment to the CUP for Mendota Plaza. Mr. John Streeter, Paster Enterprises, was present for the discussion. Page No. 5 July 7, 1998 Mr. Streeter explained the sign will be internally lit and completely covered. Mayor Mertensotto reviewed the conditions which would be imposed and Mr. Streeter noted his agreement. Mayor Mertensotto questioned the length of the sign. Mr. Streeter explained the spacing of the sign letters, which will be a maximum of 24 inches in height, will be set out in the natural form for the Snyder's logo. Mr. Streeter expects the length of the sign to be approximately 18 feet. Councilmember Smith felt the effect would be greater than the 24 -inch set of letters given the signage band underneath. Mr. Streeter explained the sign is actually quite small given the size of the center. Councilmember Krebsbach stated there is currently a sign indicating the Snyder's Restaurant and asked whether that sign would be removed. Mr. Streeter stated the current sign indicating "restaurant" will remain. Councilmember Smith felt one condition should be that the Snyder's name not appear more than once on the back of the building. She also felt the City should have the ability to require the illumination to be reduced if it proves to be a problem. She did not feel it sufficient to simply state the lights shall be no brighter than any similar sign on the front of the mall. Councilmember Krebsbach suggested the lighting on the `y City Hall sign could be utilized as an acceptable standard for a residential area. Mayor Mertensotto felt in that event, standards would have to be set for all signage within the City. Councilmember Smith pointed out signage on the back of the building need only be visible from a much shorter distance than the letters on the front of the building which need to be visible from the highway. Mayor Mertensotto requested the candle power of the lights in the front of the building and suggested staff view the Page No. 6 July 7, 1998 signage in the evening hours to determine whether it is too bright. In addition, he suggested the sign shall be no brighter than 75 percent of the brightest illumination on the face of the shopping center. Councilmember Huber commented a standard should be set because it would be difficult to dim the lights once they are installed. Councilmember Huber moved to approve a minor amendment to the Conditional Use Permit for Mendota Plaza to allow a single sign at the rear of the mall indicating the drive through for Snyders subject to the following conditions: (1) The letters for the sign shall be no more than 24 inches tall. (2) The lights illuminating the sign shall be fully shielded. (3) The lights illuminating the sign shall not be on from 10 p.m. to 6 a.m. (4) The sign shall be completely enclosed. (5) The sign shall be no brighter than any similar sign on the front of the mall. By agreement with the applicant, the Council reserves the right to reconsider the intensity of the lighting, but in no case shall the sign to the rear of the shopping center be brighter than any similar sign on the front of the center. In addition, the sign from the letter "S" to the letter "Y" shall not be longer than 20 feet. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 1998 SLURRY SEAL Council acknowledged the memo from Civil Engineer Marc PROJECT BID AWARD S. Morgan. Mayor Mertensotto noted Struck & Irwin Paving, Inc., has done the slurry sealing for the past nine years for the City and there have not been any problems encountered. Councilmember Huber moved to award the 1998 Slurry Seal Project to Struck & Irwin Paving, Inc., of 812 Williamson Street, Madison, WI 53703 for their bid amount of $44,950.00. Councilmember Smith seconded the motion. Page No. 7 July 7, 1998 Ayes: 5 Nays: 0 PUBLIC HEARING - Council acknowledged a memo from Treasurer Lawrence E. LEXINGTON HEIGHTS Shaughnessy, Jr., relative to refinancing of the Housing APARTMENT Bonds which financed the Lexington Heights Apartment REFINANCING Refinancing. Jim Riley was present on behalf of Lexington Heights Apartments. Mayor Mertensotto requested the resolution include a provision that by agreement of Lexington Heights Apartments Limited Partnership, the City shall be reimbursed for all out -of- pocket expenses in conjunction with the refinancing. In the event the City does not receive reimbursement after the Partnership has been billed, a public hearing will be held and the City will then have the right to assess those out -of- pocket costs. Ayes: 5 Nays: 0 Councilmember Huber moved to close the public hearing. Councilmember Koch seconded the motion. Councilmember Huber moved to adopt Resolution No. 98- 39, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND SUPPLEMENTAL INDENTURES WITH RESPECT TO THE CITY'S MULTIFAMILY HOUSING .-_- REVENUE REFUNDINGS BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT) SERIES 1991A AND SERIES 199113" with the addition of the following provision: By agreement of Lexington Heights Apartments Limited Partnership, the City shall be reimbursed for all out - of- pocket expenses in conjunction with the refinancing. In the event the City does not receive reimbursement after the Partnership has been billed, a public hearing will be held and the City will then have the right to assess those out -of- pocket costs. Councilmember Koch seconded the motion. Page No. 8 July 7, 1998 Ayes: 5 Nays: 0 GARAGE SIZE Council acknowledged the memo from Administrative LIMITATION Assistant Patrick C. Hollister regarding a proposed attached ORDINANCE NO. garage size limitation ordinance. 98 -39 Mayor Mertensotto felt opening up this issue would result in a significant number of variance requests to expand existing garages to include additional storage space. Mayor Mertensotto felt 440 to 1000 for residential structures should be the norm. If there would be an application for a garage consisting of 1000 to 1200 square feet, this should be done through the use of a Conditional Use Permit with the caveat that all of the garages have no more than two garage doors or at the most three single wide garage doors. No garage shall be used for other than private residential non- commercial use. Councilmember Smith stated she would agree that a garage consisting of up to 1000 square feet would be an entitlement, however, there would be many conditions under which anything over 1000 square feet would need to be reviewed. Councilmember Smith felt 1500 should be a maximum square footage. She noted one consideration is proportion and this will be a constraint. Mayor Mertensotto remarked it would be easier to calculate, enforce and maintain square footage than a percentage of the square footage of the house. Councilmember Smith felt proportion to be an important consideration. Mayor Mertensotto pointed out the moratorium is about to expire. He stated he disagrees with what the Planning Commission approved given the requests he believes this will prompt for variances to expand existing garages. Councilmember Krebsbach did not believe 1000 feet would be adequate. Councilmember Huber related his understanding 1200 square feet had been initially given to the Planning Commission as a guide since an inventory of Page No. 9 July 7, 1998 the city revealed there to be numerous garages in excess of 1000 square feet and few, if any, were objectionable. He pointed out anything up to 1200 square feet would not require a variance. Councilmember Smith stated the maximum she would consider would be 1500 square feet. Councilmember Krebsbach felt there should be a condition that a garage cannot exceed 1500 square feet. She also believes utilizing 1000 would result in numerous variance requests. Councilmember Krebsbach expressed concern relative to the homes in Friendly Hills and did not want this to create a burden for residents of Friendly Hills in terms of large garages. Councilmember Smith and Mayor Mertensotto pointed out in that case, the resident could request a Conditional Use Permit. Councilmember Huber expressed concern relative to the possible commercial use of a garage if it is extremely large. He did not feel there would be concern with a garage that is 1200 square feet. Councilmember Huber stated there are a number of projects up to 1200 square feet which are not objectionable and he felt the recommendation of the Planning Commission to be reasonable. Councilmember Huber stated he would prefer to limit total square footage rather than using the proportion element. Councilmember Koch felt the recommendation by the °—` Planning Commission to be reasonable. She expressed concern with attempting to regulate for every possibility which could arise. Councilmember Krebsbach felt the 10' garage door would allow for some flexibility and the home owner would be able to store campers and things of that nature in their garage rather than leaving them in the driveway. John Matthesrude, 1816 Hunter Lane, explained a 7 -foot garage door to be standard and 8 feet to be oversized. He did not feel, given the increasing size of recreational Page No. 10 July 7, 1998 vehicles, that 10 feet would be unreasonable. Mr. Matthesrude pointed out a 9 -foot door would be adequate, however, this odd size door would have to be special ordered. He felt the existing ordinance should remain in place. Councilmember Huber stated he would be in agreement with the ordinance approved by the Planning Commission. Utilizing Appendix A, Ordinance No. 401 was revised as follows: Councilmember Krebsbach felt section 7.2(11) should reflect "shall not exceed a maximum floor area of 1500 square feet. " Councilmember Smith requested the reference to "two car" be removed. Councilmember Huber noted his agreement. It was agreed door height shall not be in excess of 9 feet. Councilmember Smith inquired whether there should be a statement included relative to the contiguous nature of the space. It was agreed the entire garage area shall be at a single level and shall be a contiguous area. Greg Quail, 762 Evergreen Knoll, inquired whether the 1200 feet would be inclusive for both levels. Mayor Mertensotto explained two levels would not be permitted. Councilmember Smith suggested the language, "One private �-" single level garage with a minimum ... " Richard Rabanus, 681 Callahan Place, commented there is significant resident interest relative to this issue and many are opposed to the proposed amendment. He noted a petition containing 179 signatures opposing the ordinance amendment has been submitted to the City. Mayor Mertensotto reviewed the changes to be made to Appendix A: Section 4.18(4) "One private single level garage with a minimum ... " Section 7.1(11)a, add, "No garage door shall be in excess of 9 feet." Section 7.2(11)c, 1 Page No. 11 July 7, 1998 "No use of the garage shall be permitted other than private residential noncommercial use. " Councilmember Huber felt the residents would be opposed to a 3000 square foot garage being built next door to them, which would be possible if the ordinance is not amended. Given this, he would be able to support an amendment to the ordinance. Councilmember Smith stated she does not agree with Mr. Rabanus' remarks. She stated that Council has listened to those who oppose an ordinance amendment but have also heard from many residents who want restrictions on garage sizes. She stated she would prefer a smaller proposal, however, this amendment allows for more flexibility. Councilmember Smith felt this to be a reasonable and nonrestrictive standard. Councilmember Krebsbach moved adopting Ordinance No. 319, "AN ORDINANCE AMENDING ORDINANCE NUMBER 401 " subject to the modifications to Appendix A (as outlined above). Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 98 -16, Council acknowledged the memo of Administrative Assistant MIKE - CUP Patrick Hollister. Ms. Loraine Mike was in attendance and explained she wishes to convert the current living space back �-� into an attached garage and to use the attached garage for parking her vehicle. She explained the detached garage has no driveway leading to it and, therefore, the detached structure will be used for storage of other items. Mayor Mertensotto inquired whether this garage encroaches on the side yard setbacks. Mr. Hollister will review this matter. Mayor Mertensotto expressed concern there is no specified time requirement within which to complete this i work. Councilmember Smith stated she would prefer to leave this Page No. 12 July 7, 1998 as a grandfathered structure. She explained if something happened to the existing structure, she would not want a similarly large accessory structure to be built on the lot. Councilmember Huber did not feel there would be sufficient area to access the accessory building with a vehicle. Attorney Hart felt there should be a restriction on the use. He felt it should be specified this is a legal nonconforming use and the building cannot be used as a garage. Mayor Mertensotto suggested granting the application for a building permit to restore the existing garage in a single family structure conditioned upon the applicant delivering to the City a signed covenant that the detached facility is a nonconforming use and will not be used as a garage. The covenant would then be registered against the land. Mayor Mertensotto asked that Attorney Hart prepare the covenant. Mayor Mertensotto explained the Building Code requirements specify the work must be completed within one year. Mayor Mertensotto stated he would have no problem refunding the excess application fee which exceeds publication and notice fees. Councilmember Smith pointed out it was not the applicant's choice to pursue a Conditional Use Permit. Councilmember Krebsbach was in favor of refunding the K� $350 CUP application fee. Councilmembers Huber and Smith noted their agreement. Councilmember Smith moved authorizing the Code Enforcement Officer to grant a building permit to restore the garage area conditioned upon the City's receipt of a Restrictive Covenant acknowledging the detached facility is a nonconforming structure and will not be used for motor vehicle garage purposes and refunding the CUP application fee. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 98 -17, VOGELPOHL - SETBACK VARIANCE Ayes: 5 Nays: 0 Page No. 13 July 7, 1998 Council acknowledged the memo from Administrative Assistant Patrick Hollister. Dr. Thomas Vogelpohl was in attendance requesting a variance for a rear yard setback to allow for the addition of a screen porch to his home at 670 Wentworth Avenue. Dr. Vogelpohl has obtained the consent of his two neighbors. Mayor Mertensotto inquired whether Dr. Vogelpohl is contemplating subdivision of his property. Dr. Vogelpohl explained he has lived at this location for eight years and has no plans to subdivide the property. Councilmember Huber pointed out the property to the south could potentially be subdivided at some point, however, he. noted Dr. Vogelpohl has obtained the consent of this property owner for his proposed addition. Councilmember Krebsbach moved amending the application to request a 16 -foot rear yard setback variance and adopting Resolution No. 98-40, "A RESOLUTION GRANTING A 16 FOOT REAR YARD SETBACK VARIANCE FOR A SCREEN PORCH AT 670 WENTWORTH AVENUE," finding this would not have an adverse impact on health, safety and general welfare of the citizens of the community and the surrounding land. Councilmember Huber seconded the motion. �-= Councilmember Krebsbach inquired whether the neighbors understand a deck is a possibility. Dr. Vogelpohl stated this was not discussed since the deck will be a flat structure one foot up from the lawn. CASE NO. 98 -18 Council acknowledged the memo of Administrative Assistant STAPLES - CUP Patrick Hollister. Richard and Theresa Staples were in attendance requesting a Conditional Use Permit and variance for a detached garage on this property. Although the home Page No. 14 July 7, 1998 currently has an attached double garage, the garage is only 5'11 " in height and does not allow Mr. Staples to park some of his vehicles inside. Mayor Mertensotto inquired how the applicant proposes to increase the ceiling height. Mr. Staples explained he plans to convert the existing garage into a family room. The ceiling height inside of the structure is approximately seven feet high. Councilmember Huber noted he received a phone call from a resident wanting to ensure there will not be any commercial activity conducted from the garage. Mr. Staples stated the purpose of the garage would be to have space for all of his vehicles so they would not be parked in the driveway area. Mayor Mertensotto suggested converting the garage into living space and eliminating the overhead garage doors prior to building the proposed garage. Mr. Staples would prefer to have the use of the existing garage until the proposed garage is built, however, he would be willing to comply with this request. Attorney Hart explained the Conditional Use Permit could include a provision the existing garage must be converted, however, in granting a variance, a hardship finding will need to be determined. Mayor Mertensotto suggested the applicant post a $1,000 �-= bond with the City to ensure the garage is converted to a usable living structure within one year. If the work has not been completed within that time, the bond would be forfeited. Councilmember Smith suggested a building measuring 25 by 36 feet. Mr. Staples stated he intends to store a 23 -foot boat lengthwise across the back of the garage so he will need to have a minimum of 30 feet. Councilmember Huber suggested the applicant post a bond and the Council approve a 30 by 30 foot building. Mayor Page No. 15 July 7, 1998 Mertensotto suggested a 30 by 36 foot building if the existing storage shed on the property were removed. Mr. Staples was opposed to removing the storage shed since it is currently used for storage of bicycles and lawn furniture. He stated he would prefer 1,080 square feet. Councilmember Huber moved granting approval up to 1000 square feet with the posting of a $1,000 bond to ensure the existing structure is closed and converted to living space within one year with no further vehicle storage. The finding for allowing 1000 square feet would be in recognition the applicant has an acre of land and the structure will be deep in the property. There shall be no commercial use of the property. Mayor Mertensotto inquired relative to the siding which will . be used. Mr. Staples explained he will use vinyl siding which will match the home which will be resided as well. Mayor Mertensotto emphasized the exterior of the structure will have to be finished. Attorney Hart stated the Conditional Use Permit will also include a provision relative to closing the existing garage and no further vehicle storage in that particular garage. Councilmember Huber was in agreement with the amendment to the motion. Councilmember Smith raised the issue of subdivision of the property and pointed out if there should be a lot split at some point in the future, the garage would then need to be brought into conformance. Mayor Mertensotto stated the variance would be subject to Uniform Building Code requirements relative to a living area with a ceiling height of seven feet. Councilmember Huber withdrew his motion and it was the consensus of the Council this matter be continued to July 21, 1998 for consideration of .a proposed resolution at that time. Page No. 16 July 7, 1998 CASE NO. 98 -19, Council acknowledged the memo from Administrative DORN - FRONT YARD Assistant Patrick Hollister. Lisa and Paul Dorn were in SETBACK VARIANCE attendance presenting their application for a 7 -foot front yard setback variance for a new home on a vacant lot on Orchard Circle. Mr. and Mrs. Dorn have obtained the consent from all neighbors within 100 feet of the property. Joan Joseph, President, Kingsley Estate Townhome Association, was in attendance as well as Valdis Nickelson, a neighbor and one of the developers in the area. Ms. Dorn submitted a letter from the townhome association in support of the variance and noted the neighborhood is in unanimous support of this variance request. Ms. Dorn believes there is a hardship based on the lack of depth and privacy given the townhome placement. Mr. Dorn distributed photographs to the Council depicting trees as currently situated on the lot. He noted the existing apple trees will need to be removed to accommodate the proposed garage. Councilmember Krebsbach noted the townhomes are very close and felt this to be a hardship. Councilmember Smith noted her agreement and felt this to be particularly important given the proximity of the townhomes to the lot line. Councilmember Smith pointed out a significant stand of trees is being preserved with the proposed plan and was pleased the east side had been designed to extend the backyard area. She stated her belief the maximum has been done not to constrain construction on the lot. Mayor Mertensotto pointed out the Planning Commission recommends denial. Councilmember Krebsbach felt this property to be unique to the development and in order to maintain a common backyard standard, the home must be moved forward. Given the unanimous support of the neighborhood, Councilmember Krebsbach was in favor of approval. She pointed out accommodations have been made to minimize the impact. Page No. 17 July 7, 1998 Joan Joseph, Kingsley Estates, stated the Townhome Association supports the request whole heartedly. Ms. Joseph met with the six home owners who are most affected and there was overwhelming support. In addition, a petition was signed requesting the variance be granted. Valdis Nickelson, the current owner of the lot, spoke in support of granting the variance. Councilmember Krebsbach moved adopting Resolution No. 98-41, "A RESOLUTION APPROVING A 7 FOOT FRONT YARD SETBACK VARIANCE FOR A NEW HOME ON ORCHARD CIRCLE," with the finding this variance would not have an adverse impact on the health, safety or general welfare of the citizens of the community and surrounding land. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 98 -20, Council acknowledged the memo from Administrative WENSMANN HOMES - Assistant Patrick Hollister. Terry Wensmann, Wensmann CUP FOR PUD Homes was in attendance requesting a rezoning of Outlot B, Block 1, Mendota Woods from HR -PUD to R1A. Mr. Wensmann appeared on behalf of Tom and Betty Rafin who wish to build a single family home on the lot. Mayor Mertensotto noted the proposed home is an extremely large structure and he felt there should be a restriction relative to single family use only. Councilmember Smith questioned whether the owner is constrained in any fashion with respect to financing or appropriate use if this property is permitted in the R3 zone. Attorney Hart explained if a Conditional Use Permit is approved, it would not be detrimental that the underlying zoning is R3 rather than RlA. It is also not detrimental if it is zoned PUD as long as there is a Conditional Use Permit. Page No. 18 July 7, 1998 Mayor Mertensotto stated there must be some carry over relative to maintenance since this has been a problem in the past. Mr. Wensmann stated this would be an agreement between the homeowner's association and the owners of the single family home. Attorney Hart suggested placing a condition on the Conditional Use Permit requiring the applicant establish to the satisfaction of City staff that adequate easements exist to provide access to the property and that such easements will be maintained throughout the term of the Conditional Use Permit. It was noted this home is a reverse walkout consisting of a basement and two stories. Mayor Mertensotto stated he would like a better understanding of the utilities and drainage as well as public and emergency access prior to proceeding. Mayor Mertensotto suggested granting the request providing the City has an appropriate developer's agreement with the applicants and the homeowners association which covers the rates relative to access to drainage and utilities as well as emergency access. Mayor Mertensotto referred this matter to Attorney Hart and Mr. Hollister and asked this matter be returned to the Council with a proposed resolution at the July 21, 1998 meeting of the Council. Mayor Mertensotto stated the Council would be looking for the terms and conditions of an agreement which would protect the City for public and emergency access to the property. Attorney Hart stated he would like to see a survey showing the location of the lot relative to the legal description of the easement. CASE NO. 98 -21, Mayor Mertensotto stated this particular lot is located on the HAVERKAMP - FRONT Arndt property. Ms. Arndt was a client of Mayor YARD SETBACK Mertensotto for many years. The subject lot involves part Page No. 19 July 7, 1998 VARIANCE of her estate and, although Mayor Mertensotto does not have any monetary interest and is not the developer, he will not participate in this discussion in an effort to avoid any perception of a conflict of interest. Councilmember Smith took over the meeting. Council acknowledged the memo from Administrative Assistant Patrick Hollister. Michael Haverkamp and Jolene Novak Haverkamp were in attendance along with Richard Bjorklund, Sr. Mr. Haverkamp requested a 10 -foot front yard setback variance for a new home at 1039 London Road. Mr. Haverkamp noted his belief his lot has the most significant and challenging building conditions of all of the lots in the cul -de -sac due to its shape, contour and slope. Richard Bjorklund briefly discussed the Haverkamp's request. Mrs. Haverkamp stated she met with Mr. Temple who changed his opinion relative to the variance request and Mr. Temple has now rescinded his letter and is in support of the variance. Elizabeth and Steven Peterson were initially in favor of the variance, however, the Petersons live directly across the cul- de -sac from the subject property and they would like to ensure there are no two story homes built in this area. Charlene Dunst, Personal Representative for Eleanor Arndt, 557 Winston Court, was in attendance. Ms. Dunst pointed out these problems would not be encountered today had it been approved years ago when it was requested. At that time, the property owners felt it would have been easier for emergency vehicles to access the area had a street been utilized rather than a cul -de -sac. She urged the Council to grant the variance. Patrice Bataglia, 1035 London Road, stated she is the neighbor to the north of the Haverkamp's lot. Ms. Bataglia stated she has concerns relative to the requested variance and pointed out four of the homes already built on the cul -de -sac Page No. 20 July 7, 1998 have 30 -foot setbacks which are required by the City as well as being contained in the covenants which each of the neighbors acknowledged when purchasing their property. Ms. Bataglia stated this particular lot is large in size and meets the minimum standards established by the City. She commented the hardship is created by the design of the house on the lot. There is no hardship relative to the subject property, however, a hardship is created for the Bataglia home. Ms. Bataglia related concern about snow plowing and visitor parking given the short driveway. Ms. Bataglia did not believe there is a hardship which would support the granting of a variance. She did not agree that the granting of a variance would benefit her lot. Councilmember Huber asked whether a 30 -foot setback would be acceptable to Ms. Bataglia, noting the view from the Haverkamp property would be almost directly into the Bataglias' windows. Ms. Bataglia stated she spends the majority of her time on her deck and in her kitchen and they are located on the side of the lot where the Haverkamp bedroom and bathroom are proposed. Ms. Bataglia stated she would be willing to offer a compromise of a five foot variance. Councilmember Smith felt some variance would be justified given the depth of the lot. Councilmember Krebsbach stated she would support the Planning Commission's recommendation since there are two neighbors in opposition. She stated if everyone were in agreement, she would support a five foot variance. Councilmember Huber commented he would be willing to consider a three to five foot variance, however, he expressed concern there may be a clustering effect when the other lot is developed. Councihnember Smith was in favor of the five foot setback Page No. 21 July 7, 1998 which would preserve the contour of the cul -de -sac. Mr. Haverkamp stated he would also be in favor of a five foot variance and felt this would be a compromise he could work with. Councilmembers Krebsbach and Huber expressed concern relative to the Petersons. Councilmember Krebsbach stated she would not want to discount their position in their absence. Councilmember Koch expressed concern with the 10 -foot setback. Once she viewed the site, she stated she was not opposed to the request, however, given the neighborhood opposition, she would be in favor of granting the five foot compromise. Councilmember Koch moved adopting Resolution No. 98- 42, "A RESOLUTION APPROVING A FIVE FOOT FRONT YARD SETBACK VARIANCE FOR A NEW HOME AT 1039 LONDON ROAD," with the finding this would not have an adverse impact on the health, safety or general welfare of the citizens of the community and the surrounding land. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Mayor Mertensotto) AMERICAN PORTABLE Council acknowledged the memo from Administrative TELECOM Assistant Patrick Hollister. Steven Katkov, American Portable Telecom was in attendance along with, Chuck Beisner, Midwest Real Estate Services, Inc. Mayor Mertensotto stated he does not feel interference to be an issue. He requested Mr. Katkov supply the Council with a sketch depicting the maximum number of antennae to be placed on the water tower along with spacing and location of each. Page No. 22 July 7, 1998 Mayor Mertensotto requested a complete set of site plans be submitted to the City Administrator along with a proposal of American Portable Telecom's needs. He stated once this information is received, the Council will take it under consideration. 1998 COMPREHENSIVE Mayor Mertensotto stated the revisions to the Airport Plan PLAN REVISIONS - Chapter of the 1998 Comprehensive Plan are unacceptable. AIRPORT PLAN Councilmember Krebsbach suggested tabling this matter CHAPTER given the lateness of the hour. APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the regular meeting held on June 2, 1998 as submitted. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Huber) APPROVAL - LIST OF Councilmember Smith moved approving the list of claims. CLAIMS Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto suggested meeting on Tuesday, July 14, 1998, to begin the discussion relative to the Annual Target Goal Setting. Councilmember Krebsbach reported she received a call �4 regarding dog leash laws and "curbing the dog. " Councilmember Krebsbach noted there is no existing ordinance which addresses the repair of retaining walls. She suggested the Council discuss this at a workshop. Councilmember Krebsbach also reported there are two dead elms in Marie Park. In addition, the bushes on Evergreen and Freeway Roads, in the area of Dodd Road, need to be trimmed back. Trimming also needs to be done in the ditch along Highway 110 in the area of Crown Point. Page No. 23 July 7, 1998 ADJOURN There being no further business to come before the Council, Councilmember Krebsbach moved to adjourn the meeting to the Annual Target Goal Setting Workshop on Tuesday, July 14, 1998, at 6:00 p.m., in the Large Conference Room. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith expressed her appreciation for the work which was done by the Planning Commission and noted their ground work made the Council's work much easier. TIME OF ADJOURNMENT: 12:15 a.m. a ~ 7 1,-c x l �^--- athleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor Prepared by Cheryl Wallat, Recording Secretary Timesaver Off -Site Secretary, Inc.