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1998-08-04 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 4, 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, Councihmembers Huber, Krebsbach and Smith. Councilmember Dwyer was excused. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held on July 21, 1998 as submitted. Councilmember Smith seconded the motion. Ayes: 3 Nays: 0 ( Councilmember Huber arrived at 7:40 p.m.) CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, with the exception of Items "c" and "e" along with authorization for execution of any necessary documents contained herein.. a. Acknowledgement of the July 28 Planning Commission Minutes b. Acknowledgement of the Building Activity Report for July C. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA Approval to Award Bid for Replacement of a Single Axle Dump Truck Page No. 2 August 4, 1998 d. Acknowledge Response from MAC and FAA e. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA Approval to Appoint Police Clerk/Receptionist f. Acknowledge Receipt of Information regarding Bluebill Drive Storm Water Out Fall Complaint and direct the engineering department to implement recommended drainage improvements at this time. g. Approval of the List of Contractors h. Approval of the List of Claims Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 AWARD BID FOR Mayor Mertensotto expressed concern relative to the fact it REPLACEMENT OF A could be as long as 1.5 years before the City can expect SINGLE AXLE DUMP delivery of the truck. TRUCK Mr. Danielson explained that date is acceptable since the bid price for the truck, as well as the trade amount, will stand and it is anticipated the existing truck will carry through until delivery is made. He stated he could request written verification of this understanding. Mayor Mertensotto questioned what would happen if there were to be a serious mechanical breakdown with the existing truck prior to the time of the trade in. He felt the bids should be cancelled at this time. Mr. Danielson explained it is a benefit to the City in that this truck is the same as the other three trucks owned by the City. Mayor Mertensotto expressed concern the dealer may not honor the trade in amount at the time of purchase given the addition miles and wear and tear which will have accrued on the truck being traded. Page No. 3 August 4, 1998 Councilmember Smith suggested staff obtain further information in this regard prior to the bids being rejected. Mr. Danielson felt perhaps the City could obtain a guarantee from the dealer relative to the price of the truck as well as the trade amount. Councilmember Krebsbach inquired whether written confirmation reflecting the price will be locked in could be obtained. Mr. Danielson will obtain verification and bring this matter back before the Council on August 18, 1998. APPROVAL TO Mayor Mertensotto inquired relative to the classification and APPOINT POLICE pay matrix for this position. Administrator Batchelder CLERK /RECEPTIONIST explained this position is a Grade I, Step A, entry level position with an annual salary of $21,443 or $10.31 per hour. Councilmember Krebsbach moved approval to appoint a police clerk/receptionist at a Grade I, Step A, entry level position with an annual salary of $21,443 per year or $10.31 per hour. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 PUBLIC CONEVIENTS None. HEARING - FRIENDLY Council acknowledged the memo of Administrative Assistant HILLS TOT LOT Patrick Hollister. Mayor Mertensotto opened the public VACATION hearing at 8:00 p.m. He explained the City has adopted the policy it does not want to encourage tot lots since they incur relatively high maintenance costs in proportion to their limited recreational use. Bart Schempp, 739 Keokuk Lane, appeared on behalf of five of the eight families adjacent to the subject lots. He noted in excess of 100 signatures have been submitted in favor of preserving the lots as an open area. Page No. 4 August 4, 1998 Mr. Schempp explained this property was given to the community by the developer to be used as a playground area and it has been extensively used by the neighborhood children. Mr. Schempp pointed out most of the open space in the area has been developed. In addition, this lot would make a relatively poor site for a home given the very high water table which results in significant problems for the homes to the south and east as well. Mr. Schempp also expressed concern new homes which would be planned for this area would be inconsistent with the existing homes in the neighborhood. In addition, since these lots were not intended to be used as residential lots, Mr. Schempp stated it appears the easement restrictions which apply to the surrounding properties do not exist for these particular lots. Mayor Mertensotto felt that the easement issue could be addressed through placement of conditions on the property. Mr. Schempp felt if the area is to remain as open space, it should be maintained similar to any other park. Mayor Mertensotto noted the cost of playground equipment has increased dramatically and a decision must be made relative to what is best for the entire city. If the lots are vacated, the proceeds from the sale would be deposited into the Park Fund for the benefit of all City parks. Councihnember Krebsbach inquired whether this space is utilized by those not residing in the immediate area. Mr. Schempp felt the area is used almost exclusively by the immediate neighborhood. Councilmember Krebsbach inquired whether the residents would be willing to make this more of a City park or City Square which could be utilized by the community. Mr. Schempp felt the neighborhood would support this idea. Councilmember Krebsbach expressed concern relative to keeping the space open with little use for the benefit of the Page No. 5 August 4, 1998 City. Lori Lastine, 2336 Apache Street, explained the neighbors are not asking for equipment to be put on this lot, but that it be maintained as open space for its continued use as public land. Ms. Lastine noted neighbors have planted trees and would expect the area to be used by anyone and not limited to the neighborhood. Ms. Lastine stated the only maintenance performed on the lot at this time is grass mowing and she did not feel there would be significant maintenance costs associated with this. Mayor Mertensotto explained the City does not encourage tot lots given the maintenance costs associated with them and the fact the area is not widely utilized by residents of the City. Ms. Lastine stated the City needs open spaces other than ball fields in which to play sports and stated she would be willing to participate in some landscaping activities in this area. Lloyd Julson, 746 Keokuk Lane, stated he is opposed to keeping the area open and felt the residents should utilize the existing trails. Mr. Julson believes the City should sell the lots since they represent four tax return entities. He felt if the neighbors want to beautify the area and maintain the open space, they should either purchase the property or allow the City to sell it. Roger Grabowski, 734 Keokuk Lane, commented no one can know the needs of the future and the residents of the neighborhood made several suggestions of what could be done with the area such as tennis courts and in -line skating. Mr. Grabowski felt the lots should remain as a recreational area. He pointed out until some sort of soil borings have been taken, it will be unknown whether this area is appropriate to build on. Mayor Mertensotto noted tennis courts would require parking which is not available in this area. Page No. 6 August 4, 1998 Mr. Grabowski expressed concern if the lots are sold and houses are built, they will not fit in with the existing neighborhood. Councilmember Smith pointed out the City can impose restrictions that any potential development must be appropriate to the area. James Reudelsterz, 747 Keokuk Lane, remarked he would be in favor of making this area a City park. In the event the area is used for housing, he expressed his belief it should be divided into no more than two lots. Councilmember Krebsbach pointed out the neighbors may want to consider the increased traffic which will result if this area were to be a City park. Wanda Schempp, 739 Keokuk Lane, stated she would like to see the area turned into a neighborhood square with a fountain or something to make it more attractive and more useful for the area. She noted there are a number of joggers and strollers which utilize the area. Paul Chamberlain, 2345 Apache Street, stated there are a fair number of people traveling through the neighborhood to access Friendly Hill Parks. He did not feel traffic would be a problem if this area were to become a City park. Mr. Julson suggested those wanting to beautify the area should purchase the lots. Mayor Mertensotto stated that would create a problem in the event the property is not maintained. Roger Grabowski felt the City should be looking to the future when making a decision relative to this property. Mayor Mertensotto explained if the property is sold, the funds would be deposited into the Park Fund and spent on other park areas. Mayor Mertensotto noted there is a significant amount of money invested in the City parks. Lori Lastine inquired relative to the actual cost of maintaining this area in its present condition. Mr. Page No. 7 August 4, 1998 Danielson commented the area is mowed once per week. Ms. Lastine questioned the standing of a legal document in which the lots were given to the City by the developer. She noted her understanding this document comes up for renewal every 20 years. Mayor Mertensotto explained this is one of the options, but it would not be practical and the City does have the right to dispose of the lots. He stated the easiest way to do this would be to adopt an ordinance making the decision the lots be disposed of and that the net revenue from the lots be deposited into the Park Fund. Mayor Mertensotto explained the lots could not be sold without the City bringing an action in District Court requesting approval to sell the lots. If this were to occur, the affected neighbors would be notified. Ms. Lastine inquired whether a cost analysis has been performed which determines the cost of bringing an action to sell the lots as well as the cost for any testing compared to the cost of maintaining the property with the addition of some trees and shrubs. Mayor Mertensotto explained the Parks and Recreation Commission has made a recommendation that the lots be sold. Alice Byer, 741 Mogecan Court, stated she is not opposed to the sale of the lots. She expressed concern restrictions be placed on the property if it is sold and developed so that it fits in with the existing neighborhood. Ms. Lastine noted there are teenagers driving through this open space at approximately 3:00 a.m. and if something were to be done with the land, this type of activity would cease. Councilmember Huber moved closing the public hearing at 8:35 p.m. Councilmember Krebsbach seconded the motion. Page No. 8 August 4, 1998 Ayes: 4 Nays: 0 Mayor Mertensotto suggested the input received through this public hearing be passed along to the Parks and Recreation Commission for further review and consideration. He pointed out at that time they may decide to make a different recommendation to the Council. Councilmember Huber explained a decision will not be made on this issue without notifying the neighborhood. Mayor Mertensotto clarified the matter will not be put on an agenda without sufficient notice. Councilmember Smith explained the Parks and Recreation Commission has a Capital Improvement Plan and projects have been planned through the next five years. Mayor Mertensotto noted this particular matter is not one of the planned projects. He pointed out in the event the open space were approved, nothing would be done until the 1999 budget year. CASE NO. 98 -18: Mayor Mertensotto acknowledged the report of STAPLES CUP FOR Administrative Assistant Patrick Hollister. Richard and DETACHED GARAGE Theresa Staples were present to discuss their request. Mr. Staples submitted diagrams depicting 900 and 960 square foot versions of the proposed garage as well as the various elevations. Mr. Staples requested approval of the 960 square foot structure noting he is on a one acre lot and the homes to the north and south both have detached garages over 1000 square feet. He noted his home is 2200 square feet and the garage, therefore, will not be out of proportion to the home. Mr. Staples expressed a need for the additional space to provide storage space for his boat and still accommodate three cars. Councilmember Krebsbach noted there is developable land behind the Staples' home. Mr. Staples stated if there would be new development, it would be more north of where his Page No. 9 August 4, 1998 property starts. Councilmember Huber commented some concern had been raised that the applicant could possibly perform automotive work from the garage. He wanted to ensure Mr. Staples understands there cannot be any automotive work being performed from this garage. Councilmember Huber moved adopting RESOLUTION NO. 98-49, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND A VARIANCE FOR A DETACHED GARAGE AT 2227 DODD ROAD" subject to the following amendments. The Conditional Use Permit and a variance for a detached garage as proposed on plans on file in Planning Case No. 98 -18 is hereby approved under the following conditions and with the owners' consent. (2) that the detached garage be no greater than 960 square feet in size with a single 16 x 8 foot garage door. (4) that the new garage and the house match each other with vinyl siding as proposed by the applicant and that the existing landscaping is maintained. (6) that no further vehicle storage shall be allowed in the existing attached garage starting from the date of completion of the detached garage or by the end of a 12 -month period, whichever is sooner. (7) that violation of any of the above shall cause the Conditional Use Permit to be automatically rescinded. Councilmember Smith seconded the motion. Councilmember Krebsbach explained she will support the motion and stated she appreciates the accommodation the applicant has made, but suggested the Council address the ordinance and that any garage variances which would be granted be based on the size of the property. Ayes: 4 Nays: 0 IVY FALLS AVENUE Council acknowledged the memo of Public Works Director TRAFFIC PROBLEM James Danielson regarding the Ivy Falls Avenue traffic problem. Chief Johnson was in attendance and reported a request was Page No. 10 August 4, 1998 received to add stop signs at the intersections of Ivy Falls Avenue and Sylvandale Road and Maple Park Drive and Sylvandale Road. Chief Johnson and Mr. Danielson did review the intersections and it was determined it would be acceptable to establish a three way stop at Sylvandale and Ivy Falls Avenue, however, Chief Johnson is opposed to the addition of a sign in the location of Sylvandale Road and Maple Park Drive. It was noted a sign in this location would be too close to an existing three way stop located 250 feet west. Chief Johnson stated if there are too many stop signs in the area, there is a potential for the signs to be ignored. Councilmember Huber stated he is in support of Chief Johnson's recommendation. Councilmember Smith expressed concern relative to rush hour traffic on Ivy Falls Avenue. While she supports the addition of the proposed sign, she would like the neighborhood to monitor the level of cars in the area. It may be beneficial to install a "no left turn sign" which would apply to the rush hour time frame. Councilmember Huber did not feel such a restriction would be necessary. Councilmember Krebsbach suggested adopting Chief Johnson's recommendation and then monitoring the situation. Mayor Mertensotto requested Mr. Danielson install a "local traffic only" sign at Dodd Road and Ivy Falls Avenue. Councilmember Krebsbach noted the Kenwood neighborhood in Minneapolis has added very large, well marked speed bumps which have greatly reduced the traffic problems in this area. While she would not be advocating speed bumps at this time, she suggested monitoring the situation and revisiting this issue next summer. Councilmember Krebsbach moved adopting ORDINANCE Page No. 11 August 4, 1998 NO. * *, "AN ORDINANCE AMENDING ORDINANCE NO. 1113, "AN ORDINANCE ESTABLISHING STOP AND YIELD INTERSECTIONS WITHIN THE CITY OF MENDOTA HEIGHTS" and installing a "Local Traffic Only" sign at Dodd Road and Ivy Falls Avenue. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 PROPOSED Council acknowledged the memo Administrative Assistant EDUCATION CENTER Patrick Hollister relative to the request of the applicant for AT MENDOTA PLAZA a Conditional Use Permit for an education center at the CONDITIONAL USE Mendota Plaza. James Lee, director of Lee Educational PERMIT Services, was in attendance to address this matter along with Mr. Paster of Paster Enterprises. Mayor Mertensotto felt staff should perform some background checks. He also expressed concern relative to any potential expansion of this usage in the shopping center and felt there should be a limitation imposed on the size of the facility. Mr. Danielson explained the granting of the Conditional Use Permit would not allow for any expansion of the operation. Mr. Paster was in attendance and suggested rather than limiting the square footage, he noted in order for the applicant to expand or move into another space, he would have to make application to the City. Mayor Mertensotto expressed concern the applicant will raise an argument relative to obtaining additional space as a matter of right since he was allowed to establish his business in the center. Mayor suggested limiting the Conditional Use Permit to that space between Snyders and the liquor store. Councilmember Smith felt the square footage to be more of an issue than the actual location of the business. Councilmember Krebsbach stated she would be in favor of Page No. 12 August 4, 1998 limiting the Conditional Use Permit to the space for which the applicant has applied. Mr. Lee stated he would prefer to limit the square footage of his operation rather than the specific location. Councilmember Krebsbach stated if the applicant wishes to move at some point in the future, he can come back to the Council with an application. Mr. Paster felt these requirements to be fair. Councilmember Krebsbach stated she would want to have an established proportion of adults to students 16 and under on the site. She expressed concern relative to there being a collection of student on the site for which no one is responsible. Councilmember Huber suggested a ratio of six students to one teacher relative to students below age 16. Councilmember Krebsbach expressed concern relative to the mix of elementary school children with high school age children. Mr. Lee stated he would be comfortable with a ratio of one adult to six students on the premises at any given time. With respect to transportation, Mr. Lee explained he intends to utilize a mini van and will limit the pick -up to four students from any one school. The parents would be responsible to pick up the child after the tutoring session has been completed. Councilmember Smith expressed concern the applicant may not be able to commit to these specific conditions since he is just beginning the business and will need to gain some experience with the business. Mr. Lee stated he anticipates the ratio of students to instructors for remedial services will be 1:1 and for foreign languages one high school aid and one teacher for 12 students ages 15 and under. For ACT /SAT preparatory classes, the ratio will be 20:1. Page No. 13 August 4, 1998 Mayor Mertensotto pointed out this permit will be reviewed in one year and this educational service is limited to the subject site. Councilmember Krebsbach moved approving an education center as a conditional use subject to one adult for every six students under the age of 15 on the premises, excluding the ACT /SAT preparatory classes which assumes students ages 16 and over. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 REQUEST FOR Council acknowledged the memo from Administrative IN-LINE SKATING Assistant Patrick C. Hollister regarding the request of Bill HOCKEY RINK Wild and John Hickey for the creation of an in -line skating hockey rink within the City. Mr. Wild was in attendance to address this matter. He expressed his belief an in -line skating rink would receive more use than the rink does during the winter months for hockey. Mr. Wild noted in speaking with representatives of other cities who currently have in -line skating parks, the rinks are used extensively. Councilmember Smith inquired relative to the configuration of the rink area. Mr. Wild explained the rink would be paved over to allow for roller blades. He further explained these type of rinks are the first to hold ice and are easier to maintain once they have ice. In addition, they hold ice the longest. Councilmember Smith pointed out there is a high cost in relation to soil correction which needs to be completed. Mayor Mertensotto commented the rink in the Friendly Hills neighborhood could be completed more inexpensively since the boards are scheduled for replacement. Councilmember Krebsbach noted the League of Minnesota Page No. 14 August 4, 1998 Cities requires a number of loss control measures to be implemented. Mayor Mertensotto pointed out Tier II skate park facilities are subject to premium rates which range from $2,500 to $7,500. Mr. Hollister explained this would be applicable to skate park facilities where children are jumping on and off of concrete objects. City Attorney Lloyd Grooms felt before making this assumption, staff should check with the LMC Insurance Trust to determine how skate parks are defined for insurance purposes. Mayor Mertensotto suggested staff review the soil, grade and painting which will be necessary for this rink. Councilmember Smith inquired how area residents feel about a skate park. Mr. Wild noted there are. a number of children who have begun playing some in -line pick up games at the Friendly Hills Middle School and he felt it would be a welcomed addition to the area. Wanda Schempp, 739 Keokuk Lane, was in agreement with Mr. Wild and stated she would prefer to see children playing in a rink area rather than a cul -de -sac or city street. Mayor Mertensotto noted it is the recommendation of the Parks and Recreation Commission that City Council proceed with $39,000 from the Special Park Fund for paving the hockey rink at Friendly Hills Park. Councilmember Smith felt this improvement will be an interesting addition to the park system which will also extend the use of the park. Councilmember Smith moved authorizing staff to prepare plans and solicit bids for the paving of Friendly Hills Park hockey rink. Councilmember Huber seconded the motion. Page No. 15 August 4, 1998 Ayes: 4 Nays: 0 CASE NO. 98 -23: Council acknowledged a memo from Administrative HORNER - CUP AND Assistant Patrick Hollister relative to the request of Mark SETBACK VARIANCE Homer for a Conditional Use Permit and Setback Variances for a detached garage. Mr. Horner was in attendance to discuss this matter and presented two proposals depicting proposed sizes and locations of the requested garage. Mayor Mertensotto addressed the issue of screening between Mr. Homer's driveway and the adjacent home. Mr. Horner explained he will be planting screening shrubs along the driveway. Mayor Mertensotto pointed out once the garage is constructed, this will limit the potential for subdivision in the future. Councilmember Krebsbach questioned whether this is a two story garage. Mr. Horner stated it is not two story, however, it does have an attic. The attic will not have stairs or an access. Councilmember Krebsbach stated she would like to ensure the structure is being used as a garage and is not a two story garage. Councilmember Smith questioned whether the roof pitch is similar to that of the existing home. Mr. Horner stated the home is a tudor and the pitch on the home is approximately 10/12 and 9/12. He explained the garage will match the home as closely as possible. Councilmember Huber questioned whether the neighbors to the north are in agreement with Mr. Homer's proposal. Mr. Horner noted they are. Councilmember Huber also asked whether snow removal has been addressed. Mr. Huber stated there is sufficient area to accommodate snow removal. Page No. 16 August 4, 1998 Mr. Horner stated his preference would be for Option No. 2. Councilmember Smith questioned whether it would be possible to utilize Option No. 2 and still remain as consistent as possible with the home. Mr. Homer explained Option No. 2 provides for the replacement of the existing garage in its current location. This will vary from the existing garage with the addition of an attic type truss which will provide additional storage space. Mayor Mertensotto felt this option to be preferable, as did Councilmember Smith. Mr. Homer inquired whether he would have the opportunity to come back and switch to the first proposal. Mayor Mertensotto stated the Council will need to know which design is going to be utilized. Attorney Grooms stated given the request, one of the plans must be specified and the Conditional Use Permit granted on a specific plan. Mr. Homer stated he would like to install an overhead garage door on the west side of the garage in place of the proposed door and window. This would permit him to drive his boat through the garage. Mayor Mertensotto inquired what type of screening is anticipated. Mr. Homer noted the current landscaping will remain intact. Councilmember Krebsbach noted Mr. Horner will need to submit a revised drawing depicting a roof pitch of 10/12 with two garage doors not to exceed 8' x 8' on the east and one 7' x 8' garage door on the west. Councilmember Krebsbach moved adopting RESOLUTION NO. 98-50, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES FOR A DETACHED GARAGE AT 995 DELAWARE AVENUE" subject to an 8 foot sideyard variance and a driveway variance of 3 feet, a roof pitch of 10/12 with two garage doors not to exceed 8' x 8' on the east and one 7' x 8' garage door on the west. The Conditional Use Permit is for a 22' x 24' detached garage. Councilmember Huber Page No. 17 . August 4, 1998 seconded the motion. Councilmember Huber cautioned Mr. Homer if he needs to further review this matter, he can postpone this for a couple of weeks. Councilmember Smith noted her agreement. Councilmember Huber pointed out if Mr. Horner ultimately wants to make changes he would be required to file a new application and pay another fee. Mr. Homer did not wish to wait and requested the Council proceed with his request. Ayes: 4 Nays: 0 Mr. Horner inquired whether there are any requirements relative to the utility easement of NSP. Mayor Mertensotto pointed out the easement runs with the land and Councilmember Smith noted it should be documented. Attorney Grooms explained the easement should be a matter of record along with specifications relative to the dimensions and any restrictions on the easements. Mr. Homer requested the Council waive the application fee for the Conditional Use Permit for the detached garage since he is requesting to replace the existing garage. Mr. Horner did not feel he should be held to the same standard as a business owner or developer who has the ability to pass this cost on. Councilmember Smith moved waiving and refunding the Conditional Use Permit fee paid by the applicant. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CASE NO. 98 -25: Council acknowledged the memo from Administrator MACZKO - REAR YARD Assistant Patrick Hollister relative to a height variance for SETBACK VARIANCE a fence within a front yard setback. Ms. Gagner was in attendance to discuss this matter. She stated she is unable to complete the fencing of her property Page No. 18 August 4, 1998 until she is able to obtain a height variance from the Council. It was noted the front yard which she wishes to enclose is actually to the rear of her house. The fence would extend along the entire west property line and for 30 feet along both the north and south property lines, connecting with the existing fence along the south property line. Ms. Gagner has made this request for the purpose of creating additional windbreak and as a means to keep neighborhood cats out of her property. Ms. Gagnier stated she is retracting her request for a 6 -foot fence in the back and is requesting a one foot variance. She explained she intends to install a 4 -foot fence which would be more attractive and the pre -made panels are readily available. Councilmember Smith pointed out this would be a deviation from the existing streetscape. Ms. Gagnier pointed out every home to the south of her property has a fence. She stated she has a unique situation in which she has a through lot with streets on the front and the back of her home. Councilmember Krebsbach raised the issue of determining the front and back yards. Ms. Gagner related her belief the front yard is defined as the first 30 feet. Mr. Danielson noted this interpretation is correct. He explained this is a very unusual lot and the fence is not within 30 feet of Walsh Lane when measuring north and south. Mr. Danielson stated the inspector has reviewed the setbacks which must be 30 feet from any road right -of -way. Councilmember Krebsbach suggested reviewing and amending the ordinance to define when the front yard starts. Councilmember Smith pointed out the applicant is requesting a 4 -foot fence as opposed to a 6 -foot fence. Councilmember Smith commented she would be reluctant to change the existing streetscape by granting a variance since she felt it would change the line of the existing fence and 1 Page No. 19 August 4, 1998 vegetation. Mayor Mertensotto raised the issue of storage space for snow plowing. Ms. Gagner stated there is a minimum of 15 feet to accommodate snow storage. Ms. Gagner noted this fence will be of the same material as the existing fence and that she would be willing to reduce the fence to four feet in height in order to reduce the height variance necessary. In addition, Ms. Gagner would be willing to remove every other slat to meet the 30 percent opacity requirement. Mr. Danielson explained the 30 -foot opacity requirements are in the front yard only. Attorney Grooms stated he would need to review the definition of the rear yard, however, he has been informed the building inspector believes it does comply. Mayor Mertensotto stated he would like to see the property staked so that the continuity of the existing fence and vegetation is not changed. Mayor Mertensotto expressed concern with granting a one foot variance not knowing the exact location of the fence. He pointed out the applicant would be entitled to a three foot fence as a matter of right. Councilmember Smith stated she would like to view the area once it is marked to determine whether it will change the streetscape. While she is not necessarily opposed to a variance, she would like to know how much of a variance this would be. Mayor Mertensotto directed Mr. Danielson to mark the area to depict where the fence line would be and how this would impact the area. Councilmember Krebsbach also requested the definition of front and back yard prior to the next meeting. This matter was further continued to the August 18, 1998 Page No. 20 August 4, 1998 meeting of the City Council for further review and consideration. CASE NO. 98 -25: Council acknowledged the memo from Administrative MACZKO - Assistant Patrick Hollister relative to Mr. Maczko's request REAR YARD SETBACK for a 5 -foot rear yard setback variance for a three season VARIANCE porch. John Maczko was in attendance to discuss this matter. He noted his intention to include a gas powered fireplace in this porch area. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CASE NO. 98 -26: WOLFF- FRONT YARD SETBACK At this time, Mr. Maczko requested a seven foot variance to build a 16 x 24 three season porch. Mr. Maczko stated he has consulted with the neighbors and they approve of the seven foot variance. Mr. Maczko requested his application be amended to request a seven foot rearyard variance. Councilmember Huber moved approving an amendment to the application from requesting a five foot rear yard variance to requesting a seven foot rear yard variance. Councilmember Krebsbach seconded the motion. Councilmember Krebsbach inquired whether the applicant will be building on the patio slab. Mr. Maczko noted the patio will attach to the house and have a foundation underneath. Councilmember Huber moved adopting RESOLUTION NO. 98 -51, "A RESOLUTION APPROVING A SEVEN FOOT REAR YARD SETBACK VARIANCE FOR A THREE SEASON PORCH AT 751 CHEYENNE LANE" for a 16' x 24' three season porch. Councilmember Smith seconded the motion. Council acknowledged the memo from Administrative Assistant Patrick Hollister relative to Mr. Wolff's request Page No. 21 August 4, 1998 VARIANCE for an 8 -foot front yard setback variance for a covered stoop. Daniel Wolff was in attendance to discuss this matter. Councilmember Krebsbach stated she would like to see a sketch of the stoop and Mr. Wolff stated he had not intended on having sketches prepared until he could be certain his request would be approved. Councilmember Krebsbach pointed out it would be helpful to have a drawing to refer to when considering this matter and Councilmember Smith expressed her agreement. Mayor Mertensotto suggested the Council could grant the eight foot front yard variance with the building permit to issue once the building plans have been submitted. Councilmember Smith stated she would like to actually see the plan before approving the variance. Councilmember Krebsbach noted her agreement stating she would like to see the plans to avoid ending up with something that was not anticipated. Attorney Grooms commented the Council would be well advised to request specificity in the applications they are acting upon. Councilmember Huber remarked that although the Council is not granting approval tonight, the applicant can have some reliance that he will receive concept approval. He suggested continuing the matter to allow for the submission of plans. Councilmember Smith commented she will want the drawing to depict the profile and elevation plans. BUNKER HILLS Council acknowledged the memo of Civil Engineer Marc CONCRETE CURB AND Mogan. Mr. Mogan reported based upon the report of GUTTER ANALYSIS Howard Noziska, there is value in the curb and gutter as it exists and it should be accepted with a deduction for what is in place which does not meet the standards. Page No. 22 August 4, 1998 Mayor Mertensotto did not feel the assessment rate can be changed and noted the question to be how a reduction in cost would affect the rates which were assessed to the residents. Councilmember Smith stated she has discussed this issue with staff and was unaware the assessment could not be changed and she felt this to be a key point. Councilmember Smith stated she is in agreement with the residents if they are not receiving quality work, then they should not pay full price. Mr. Mogan felt this to be an issue of aesthetics and stated his belief it would be possible to reduce the assessment rate. Mayor Mertensotto inquired how this reduction will be apportioned between the City and the residents. Councilmember Smith felt this may be more than an issue of aesthetics, but if the City will incur additional costs in the future to maintain the curb in this area, then a portion of the reduction should go to the City. Councilmember Smith pointed out a dollar amount has not been suggested for the proposed reduction and she felt it necessary to know that amount when considering this matter. Mr. Noziska was in attendance and explained the edge of the curb is chipped and will likely result in additional maintenance expenses in keeping it sealed. He noted his belief this area was chipped by a road grader. Mayor Mertensotto stated he would need a means by which to determine a reduction. Councilmember Smith raised the issue of an extended warranty in a situation such as this. Mr. Noziska explained an extended warranty and /or a reduction in price would be options to resolve this matter. He pointed out there is no way to determine what will happen in the future relative to this roadway. Councilmember Krebsbach questioned the effectiveness of Page No. 23 August 4, 1998 a warranty. Mr. Noziska stated it would be his recommendation to take a reduction in the cost of the work as monetary credit for future maintenance expenses. She inquired whether these residents will have to rebuild their streets sooner given the damage to the curb and gutter. Mr. Noziska did not feel this to be the case. gem 8,/Jg /,?Y Councilmember Krebsbach suggested leaving the curb over the winter and having it redone in the spring. Mayor 6a1"/ec� d� Mertensotto also questioned why the residents would be required to accept a secondary job. Mr. Mogan explained if the City were to require the replacement of the curb work, it is likely the contractor will challenge this matter in court. Councilmember Krebsbach asked why blacktop was installed after the installation of inferior curb. Mr. Mogan explained given the weather at that time, it was in everyone's best interests to get the asphalt on the street. Mayor Mertensotto also suggested replacement in the spring. Mr. Mogan explained the contractor will argue the curb has value as it exists and it would be difficult to prove it has no value. Mayor Mertensotto did not feel the City would be obligated to accept an inferior product. Councilmember Krebsbach related her belief the curb and gutter is only functional if the City performs extraordinary maintenance to this area. Mr. Mogan stated a certain amount of chipping is standard, however, Mayor Mertensotto pointed out there is an excessive amount of curb and gutter which is damaged which will result in water leakage where there is no seal to prevent thawing and freezing and this will result in road break -up. Mike Planton, President of Northwest Asphalt, was in attendance and felt once the wear course is completed, the Page No. 24 August 4, 1998 damage will not be significantly noticeable and he felt future maintenance would be minimal. Mr. Planton recognizes the need for a deduct to offset future maintenance costs. He pointed out there are specifications which define how a situation such as this should be addressed. Mr. Planton suggested a deduct along with some sort of warranty. He expressed his belief the residents have lost nothing relative to quality, although they may have lost in appearance. Councilmember Smith stated she would like some quantification of the damage as well as some input from the residents in order to determine whether some sort of reduction would be acceptable. She noted in looking at other communities, the chipping does become less obvious as the curbs wear and age. Councihnember Smith felt it would be a tremendous disruption to the neighborhood to require the curbs and gutters to be replaced. Councihnember Huber noted his agreement and stated he would also like to obtain input from the neighbors relative to their position. He expressed concern relative to setting a precedent which would result in the City having to accept a substandard job in the future. ST. PAUL WATER Council acknowledged the memo of Public Works Director UTILITY WATER James Danielson relative to the St. Paul Water Utility AGREEMENT PROPOSAL Agreement Proposal. Mayor Mertensotto explained the amendment provides for St. Paul Water Utility to acquire ownership of the water facilities. In exchange for this change, the St. Paul Water Utility gradually eliminates their 20 percent surcharge. Mayor Mertensotto expressed his view this is a plan of a sub centralized water system taking over much like the Metropolitan Council with the sewer system. He also expressed concern relative to the outstanding improvement bonds. Page No. 25 August 4, 1998 Mayor Mertensotto suggested staff advise the Board that while the City appreciates the offer, the City is not interested based on the terms which have been submitted. Councilmembers Huber and Smith noted their support. Councilmember Huber moved advising the St. Paul Water Utility the City of Mendota Heights is not interested in the Water Agreement Proposal based on the terms which have been submitted. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 SCHEDULING OF Council acknowledged the memo from Treasurer Lawrence 1999 BUDGET E. Shaughnessy, Jr., relative to the 1999 Budget and WORKSHOP Workshop. This workshop is tentatively scheduled for Wednesday, August 26, 1998, at 7:00 p.m., however, this will be confirmed at the August 18, 1998, regular meeting of the City Council. COUNCIL COMMENTS None ADJOURN There being no further business to come before the Council, Councilmember Smith moved to adjourn the meeting to closed session to discuss pending litigation with subsequent adjournment to August 18, 1998 at 6:45 p.m. for the purpose of interviewing candidates for the Planning Commission Vacancy. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 ATTEST: TIME OF ADJOURNMENT: 12:30 a.m. Kathleen M. Swanson City Clerk Charles E. Mertensotto Mayor Page No. 26 August 4, 1998 Prepared by Cheryl Wallat, Recording Secretary Timesaver Off -Site Secretary, Inc.