Loading...
1998-05-05 Council minutesPage No. 1 May 5, 1998 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday May 5, 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, 1.101 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 Smith seconded the motion. Ayes: 5 Nays: 0 BOARD OF REVIEW Council acknowledged a status report from Mr. Bill Peterson, Dakota County Acting Deputy Assessor, summarizing actions taken with respect to property valuations which had been questioned by property owners at the April 21 Review Board meeting. Council also acknowledged an associated memo from Treasurer Shaughnessy. Councilmember Smith moved to approve the Board of Review summary and close the Board of Review. Councilmember Koch seconded the motion. Ayes: 4 Nays: 1 Krebsbach APPROVAL OF MINUTES Approval of the minutes of the April 7 and April 21 regular Council meetings and the April 21 Review Board meeting were tabled to May 5. Council CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Building Activity Report for April. Page No. 2 May 5, 1998 b. Acknowledgement of the minutes of the April 8, 1998 Airport Relations Commission meeting.. c. Acknowledgment of the minutes of the April 28, 1998 Planning Commission meeting. d. Acknowledgment of the AMM Policy narrative on the 1998 legislative session. e. Authorization to schedule hearings on June 2, 1998 at 7:30 p.m. for liquor license renewals. f. Approval to upgrade the jaws of life rescue tool and award a purchase order to Alex Air Apparatus, Inc. for its low bid of $17,110. g. Approval of the payment of $69,666 to the City of West St. Paul for dispatching services in 1998 and authorization for the Mayor to execute an appropriate. amendment to the dispatching agreement. h. Approval to exempt 747 Evergreen Knoll from the garage size moratorium to allow construction of a garage expansion to a total garage size of 1,014.75 square feet to provide for handicapped access, ramping, etc. (Planning Case 98 -04, Resolution No. 98- 14). i. Approval of the 1998/99 labor contract settlement between the city and Law Enforcement Labor Services, Inc. and authorization for its execution by the Mayor and City Clerk. j. Approval of the 1998/99 labor contract settlement between the city and Minnesota Teamsters Local 320 and authorization for its execution by the Mayor and City Clerk. k. Adoption of Resolution No. 98 -25, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR US WEST WIRELESS TO PLACE PCS ANTENNAE ON THE SIDE OF HENRY SIBLEY HIGH SCHOOL," as amended. 1. Approval of the list of contractor licenses dated May 5, 1998 and attached hereto. m. Approval of the List of Claims dated May 5, 1998 and totaling $88,707.84. Page No. 3 May 5, 1998 Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 98 -10, Council acknowledged an application from Mr. Jesse Zepeda ZEPEDA for front yard setback variance and critical area permit to allow construction of a 16 by 20 foot home addition at 1670 Mayfield Heights Road. Council also acknowledged associated staff reports. Mr. Zepeda was present for the discussion. Mr. Zepeda informed Council that he has applied for the variance to allow a home addition to be built 23 feet from the front property line He explained that there is no other place to build the addition because the house sits at an angle on the property. Councilmember Smith pointed out that it appears that many of the houses in the neighborhood have the same type of setback. Councilmember Smith moved adoption of Resolution No. 98 -26, "A RESOLUTION APPROVING A 7 FOOT FRONT YARD SETBACK VARIANCE AND A CRITICAL AREA PERMIT FOR A HOME ADDITION," to allow construction of the addition in accordance with the plans on file with the city. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 98-11, POPE Council acknowledged an application from Mr. Mark Pope, on behalf of Mr. & Mrs. Lynn Johnson, for a side yard setback variance to allow construction of an all- season porch addition at 689 Arcadia Drive. Council also acknowledged associated staff reports. Mr. Pope was present for the discussion. Mr. Pope stated that he is requesting a 1.5 foot variance and that only six feet of the structure will intrude on the setback. Councilmember Krebsbach moved adoption of Resolution No. 98- 27, "A RESOLUTION APPROVING A 1.5 FOOT SIDE YARD SETBACK VARIANCE FOR A HOME ADDITION AT 689 ARCADIA DRIVE." Councilmember Smith seconded the motion. Ayes: 5 Nays: Page No. 4 May 5, 1998 CASE NO. 98 -12, THOR Council acknowledged an application from the Thor Company for COMPANY a conditional use permit for a planned unit development on the Shepard property located between the Dodge Nature Center and Delaware Avenue. Council also acknowledged reports from the City Planner, Administrative Assistant, Fire Chief, Police Chief and Civil Engineer along with copies of the preliminary plat, preliminary grading and erosion control plan and preliminary utility plan. Mr. Duane Thorbeck, from Thor Company, and Mrs. Shepard were present for the discussion. Councilmember Krebsbach asked if there are any changes from the plan that was presented to Council several weeks ago. Mr. Thorbeck responded that he incorporated Council's comments from the last discussion and that he agrees. with the recommendation for a public road. Councilmember Smith stated that Fire Chief Maczko indicated in his report that if the roadway is 24 feet wide there could be no on street parking. Public Works Director Danielson responded that the road will be 28 feet wide from face of curb to face of curb. Responding to a question from Mayor Mertensotto, Mr. Thorbeck stated that the two lots at the southwest corner of the property are proposed to access Glen Toro Road by a private road. He stated that the road will be maintained by the two property owners. He stated that he has an option to purchase the Shepard homesite, which is Phase 4 of the development. The two lots are in Phase 4. He informed Council that he would like to work with the concept of that road extending in the future and oversizing utilities for the future. He explained that Phase 1 of the development will occur over six years and that Phase 4 would be the option of purchasing the Shepard home and perhaps the Niehaus property. Councilmember Huber asked where the road will enter Delaware and if there is good visibility at the proposed intersection. Mr. Thor responded that the road will be where the existing Shepard driveway and two other houses come onto Delaware. Councilmember Smith asked if the County or State require any additional approvals to turn the existing driveway into a street. Page No. 5 May 5, 1998 Mr. Thorbeck responded that those agencies have indicated that approval is up to the city. He showed drawings to the Council and stated that he is also proposing a split rail fence along Glen Toro Road that will also follow down each of the driveways. Entrance monuments are also proposed. He informed Council that no significant trees will be removed. Councilmember Smith stated that there is a setback requirement for fences. Mayor Mertensotto stated that the developers agreement would have to address the monuments, landscaping, fencing, etc. He further stated that the utilities being installed will be based on the requirements established by city engineering and each of the lots will be assessed. Also, there will be a requirement for payment of a park contribution and payment of deferred assessments. Mr. Thorbeck responded that he understands and agrees to the conditions of the developers agreement. Councilmember Smith moved adoption of Resolution No. 98 -28, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AND A PRELIMINARY PLAT FOR THOR COMPANY." Councilmember Koch seconded the motion. Council acknowledged a memo from Administrator Batchelder regarding the Rabanus application for building permit for a single family home that includes a garage exceeding 1,000 square feet. Council also acknowledged correspondence from Mr. Fred Kueppers, legal counsel for Mr. Rabanus, and City Attorney Hart regarding restrictive covenants, a letter and copy of the house plans from Mr. Rabanus, a communication signed by residents supporting the 1,000 square foot garage size standard. Council also acknowledged a copy of the developers agreement for Mendota Woods. Mr. Rabanus, Mr. Kueppers and several neighbors were present for the discussion. Administrator Batchelder stated that Council has been provided with additional information at the beginning of the meeting which included a letter from Mr. Kueppers, a proposed three -page agreement and forestry recommendation from Mr. & Mrs. Ayd Page No. 6 May 5, 1998 (neighbors to the north of the Rabanus lot), and a final proposed draft of restrictive covenants submitted by Mr. Kueppers. City Attorney Hart stated that he has seen the proposed agreement prepared by Mr. Kueppers and that his comments have been included in the draft currently before Council. Mayor Mertensotto stated that if there is to be an agreement with respect to restrictive covenants, it would take the consent of both parties. Mr. Kueppers responded that the way the agreement is drafted, the covenants would be filed by the owner, who restricts his lot, but says it will never be amended without the written consent of the city. He stated that a drawing of the home is attached as Exhibit A to the covenants, with cross - hatching on the garage area to signify what is garage and that it is the area under restrictive covenants. Mrs. Rita Ayd, 2510 Arbor Court, stated that she lives in the house directly north of the Rabanus lot and her husband circulated the petition for a moratorium on garages over 1,000 square feet. She informed Council that she and her husband still support he moratorium and feel there should be something in the ordinance that spells out what is allowed so the city does not have to go through this each time someone wants something out of the ordinary. She stated that her husband was at a meeting with Mr. Rabanus and the neighbors on Saturday. She and her husband felt the Rabanus' are proposing to build a nice house but it is a bigger footprint than they would put on the Rabanus lot. She stated that her lot is like a big woodland and the Rabanus house will probably take out many of the trees on their lot. She informed Council that her husband spent many hours preparing the proposed agreement and that after talking with Mr. & Mrs. Rabanus. She pointed out that the agreement is basically hers and her husbands proposal and that they are not speaking for any of the other neighbors. Mrs. Ayd stated that if the city has commercial use of the garage under control by a permanent deed restriction, much of her concern would be taken care of. The north elevation of the garage, which abuts her property, would be very evident to her family, and as long as it could be softened to give it more detail and less of a stark garage appearance it would be acceptable. She further stated that she would like the Rabanus' to set up an escrow account with the city or the developer of Mendota Woods for landscaping. Her fourth point was that Mr. & Mrs. Rabanus agree not to excavate or do anything that would damage trees during the oak wilt season. Page No. 7 May 5, 1998 Mrs. Ayd stated that she and her husband would be willing to concede to the Rabanus garage size request provided that they could meet the conditions of the agreement. She stated that she is asking Mr. & Mrs. Rabanus to give her a blueprint showing a sketch of the garage side with enhancements, such as stucco, windows, etc., and that they are also asking that the rear 30 feet have casement or double hung windows like the rest of the house rather than awning- type windows. Councilmember Huber stated that he spoke with Mr. Ayd and understood that there had been some movement about changing the appearance of the garage. He stated that he agrees that the windows should be changed so that they do not look so much like garage windows. While he understood that there might be a security concern, that could be handled with blinds, etc. Councilmember Krebsbach stated that every effort should be made to make the garage side of the structure compatible with the front, and that simply because it is a storage /garage area does not mean it needs to be treated that way. Councilmember Smith asked Mrs. Ayd if she is saying that she would agree to the house and garage if the conditions in her proposed agreement are met. Mrs. Ayd stated that she would agree, but that it must be clear that she is only speaking for her husband and herself. Mr. Rabanus stated that he is not opposed to changing the windows and is talking to his designer about them. He stated that I n putting together the items the Ayds' are talking about, he suggested there would be stucco enhancements and he would be willing to look at redesigning the windows. Regarding the escrow, he informed Council that he suggested the $1,000 escrow to landscape just the north side. He further stated that he has a problem with the condition not to start construction until June 30 because he is running out of building time. He stated that foresters have differing viewpoints about when construction can start. Councilmember Krebsbach stated that she felt that the June 30 start date is a generous offer when Burr Oaks are involved. Mr. Rabanus responded that there is construction already in the vicinity and there are trees being cut. He did not want to be held responsible for tree disease because there are others being cut. He Page No. 8 May 5, 1998 stated that he asked Mr. & Mrs. Ayd if they would recant their petition in exchange for his agreement. He further stated that he knows there are people who have garages bigger than 1,000 who signed the petition. He informed Council that what he told Mr. Ayd was that he would try to do what the Ayds included in their petition but that he would like them to withdraw the petition because he felt that he was being singled out. Councilmember Krebsbach stated that she thinks it is community members speaking out in support of a moratorium and Council's concern on garages. She stated that Council has been consistent in its view of garages in Mendota Heights and that she did not think the petition was directed towards Mr. Rabanus. Mayor Mertensotto stated that a ruling should be made that Mr. Rabanus is not exempted from the moratorium and that if this is to be approved it be approved as a conditional use so that Council can set the conditions and staff can monitor them. He further stated that the amendments which are ultimately made to the Zoning Ordinance will likely require conditional use permits for garages larger than 1,000 square feet. He stated that Mr. Rabanus will need to be very selective on which trees and how many trees he takes down. Mayor Mertensotto was very concerned about setting precedent. Attorney Hart stated that his only concern would be to treat the Rabanus uniquely because Council does not know what the moratorium will yield — it may be an absolute prohibition on garages exceeding 1,000 square feet. He stated that his only concern is that the conditional use permit must be enforceable under existing ordinances. He further stated that he would like the city to have the most flexibility and leverage in the event there is a violation and that it bind the owner and successors. Mayor Mertensotto stated that if the conditions are agreed to this evening, including the delayed start date (June 30), Council could say that the permit could be issued after adoption of the conditional use permit which would occur in the near future. Mr. Kueppers stated that Mr. Rabanus had filed an application for building permit prior to the last meeting and it conformed in all respects to the ordinance. Then Council wanted to adopt a moratorium and Mr. Rabanus complained because he would be singled out. Mr. Kueppers stated that he looked up case law and the court agreed with him on a case where an application conformed to the ordinances. He stated that the nub of the discussion at the last Page No. 9 May 5, 1998 r� meeting was that the Rabanus application could be exempted from the moratorium if Mr. Rabanus would assure the city in writing that it would not be put to a use not acceptable to the City Council. He stated that he sent the agreement to city staff and the city attorney and the final draft is now before Council, and the agreement sets the penalty if there is any violation. He pointed out that Mr. Rabanus has told Council this evening that agrees to a $1,000 escrow and having his builder review the design to put in different windows on the east 30 feet of the north elevation. Councilmember Krebsbach stated that she thinks it is absolutely critical that Council understands what it would be agreeing to. Council is looking at options that might make the garage palatable for the neighborhood and offering suggestions to accommodate the neighbors to the north. Mr. Kueppers responded that Mr. Rabanus has said that he feels he can accommodate those things that have been put in writing. Mayor Mertensotto stated that those items will be a condition Mr. Rabanus must comply with or he will have nothing. He stated that is must be unequivocal — not that Mr. Rabanus will consider the items. He stated that Mrs. Ayd is talking about the 63 foot wall she would see from her dining room. Mr. Kueppers responded that the Ayds stated in writing that their concern is the east 30 feet of the north elevation. Mrs. Ayd agreed. Mr. Kueppers stated that the difficulty Mr. Rabanus has is that he just got the proposed (Ayd) agreement tonight so he has not talked to his builder. He stated that Mr. Rabanus has said he would escrow $1,000 and that the final blueprint will show enhancement of the wall - the only thing he has not agreed to is the delay in construction to June 30. Mayor Mertensotto asked if the grading plan has been approved. Public Works Director Danielson responded that engineering staff members have reviewed the plan that was submitted by Mr. Rabanus. Mr. Dave Kosiol, 2535 Arbor Court, that the neighbors have concerns not just with the look and presentation of this type of Page No. 10 May 5, 1998 building but with the sheer size of it. Now there is a cross - hatched area on the plan that is designated as storage, but it is still a garage. He felt that the proposed garage is excessive and that there may be things that could happen in a structure like this that would not be commercial but would be detrimental to the neighborhood, including increasing traffic. He did not want to see an increase in neighborhood traffic from Corvettes, which are high powered sports cars. He stated that there is limited visibility on Arbor Court and it is very easy to come down the hill and not see a child playing. He was also concerned about tree damage. He stated that he has lived through oak wilt and lost 15 red oak trees on a single property. He felt that June 30 is very generous — once a single tree is infected, the disease spreads through the root system to the other red oaks. He stated that the garage size is excessive for a single family neighborhood. He did not know if 1,000 square feet is realistic either, but that is why he supports a moratorium so tht Council can look at the issues. Councilmember Krebsbach stated that apparently there is nothing in city ordinances to prevent the garage size and asked to what extent is it Council's responsibility is to anticipate possible problems if there is nothing in city ordinances to prevent them. Attorney Hart responded that the moratorium is designed for that purpose. It is not Council's responsibility to anticipate everything that might come along. Councihnember Krebsbach stated that had Council thought someone would propose such a large attached garage, Council would probably have addressed the size of attached garages in the ordinance. Attorney Hart responded that his view is that the moratorium statute is specifically designed for planning concerns that the city may have. Sometimes those concerns arise at a workshop and sometimes they arise in the context of a single application. He did not think Council is singling out any individual but rather pointed out that this is a city- wide planning issue. Mayor Mertensotto stated that this is not an isolated case. Council is finding out that there are areas that are not covered in the zoning ordinance and when they come to Council's attention, Council must do something about them. Responding to a question from Councilmember Smith, Mayor Mertensotto stated that the developer's agreement is not specific, but Page No. 11 May 5, 1998 the intent was that the city would use a forester in regards to saving the oak trees in the development. He stated that in this particular case, many trees will have to be taken out, and regardless of whoever would build on the site there will be heavy trucks coming up on the property. He was concerned about whether the grading plan shows whether a wall will be built around any of the trees to protect them. Councilmember Krebsbach stated that when Mr. Rabanus was last before Council he had one garage on one level and another on another level and she had said that if he wanted to turn the lower level into storage that would be acceptable, but in the current proposal the storage is on the main level. Mr. Rabanus responded that he would much rather build the house he had planned originally but the city would not allow two garages at one residence. Councilmember Krebsbach responded that what Mr. Rabanus is talking about was that there not be a garage door on the lower level. She pointed out that Mr. Rabanus had said that he needed storage space. Mr. Steve Patrick, 2536 Arbor Court, responding to a comment from Mr. Kueppers that the plan submitted two weeks ago that met all ordinances, stated that the plan did not comply with covenants that pertain to the lot which restrict all houses to three car garages. The neighbors bought lots with restrictive covenants and with the understanding that those covenants would protect their rights. He stated that when someone comes in with something that does not comply with the covenants, the neighbors have the right to start designing it. He stated that there are compromises that must be met and that he would support the concessions that were drafted by Mrs. Ayd. He informed Council that he shares the concerns about oak wilt and that he thinks there should not be any construction until July 15, which is what he has been told is a more appropriate date. Attorney Hart stated that he thinks there are some advantages to the restrictive covenant alternative but that his only concern with a conditional use permit (which accomplishes the same thing), is that there is no ordinance that specifies today that an attached garage that exceeds 1,000 square feet is a conditional use. He stated that the Mayor's suggestion for a conditional use permit gets to the nub of what the city would like to accomplish — to give the city the flexibility and control of a conditional use permit. Page No. 12 May 5, 1998 Mayor Mertensotto stated that there is a legitimate question as to whether the Rabanus application should fail under the moratorium or be exempted. He stated that in his opinion, it is a discretionary matter for Council since a building permit had not been issued. Because an application had been filed, he felt that it is within the purview of the City Council to make an exemption to the moratorium subject to conditions. He did not think Council is in a position to make an exception to the moratorium. Councilmember Huber moved to exempt the application from the moratorium subject to the following conditions: windows in the east 30 feet of the garage, submission of a $1,000 landscaping escrow, construction after June 30 because of oak wilt concerns and recording of the restrictive covenants. Councilmember Koch seconded the motion. Councilmember Krebsbach asked what the city's obligation on monitoring would be. Attorney Hart responded that the city has the right to monitor the use as it has the right to monitor compliance with its ordinances. He stated that the private covenants would run to the benefit of the city and the level of monitoring is directly up to the City Council and its directions to city staff. Councilmember Smith asked if it is the obligation of the city to enforce the covenants if it receives a complaint in the future. Attorney Hart responded that it would be exactly the same level of obligation the city has with respect to any citizen complaint regarding violations of ordinances. Mayor Mertensotto stated that he believes the action would set a precedent and future problems. He stated that he came to the meeting this evening feeling that over 1,900 square feet is far to large for a garage for a private residence. He felt that Council is dealing with more than one issue — the size of the garage and harmony in the community. He stated that if what has been proposed will accomplish that he would be reluctant to stick to his original 1,500 square feet as an ultimate maximum for square footage for residential garages. Councilmember Krebsbach stated that her vote will be to deny the request and that even though she appreciates the accommodations, Page No. 13 May 5, 1998 she does not want the city to be in the position of monitoring a property without a conditional use permit. Mayor Mertensotto stated that he feels Council would be setting an unwarranted precedent for something that has not been approved in Mendota Heights, pointing out that any time there is a structure that is oversized on a lot it creates a problem. He stated that his concern is the size of the garage — the cross - hatching is still garage and the owner has every right to use it as a garage. He did not think a structure that has a 1,950 square foot garage is consistent with a normal single family use. VOTE ON MOTION: Ayes: 2 Huber, Koch Nays: 3 Mertensotto, Krebsbach, Smith Mayor Mertensotto stated that Mr. Rabanus has made an application and it has been turned down. He informed Mr. Rabanus that if he wishes to make any changes, Council will consider them. Councilmember Smith stated that she would be willing to consider a change in the plan up to 1,500 square feet. Mayor Mertensotto stated that it is unfortunate that the city has spent a great deal of time in the past looking at detached structures and not enough looking at attached garages. He stated that if Mr. Rabanus wishes to come back and do something else, Council will waive any requirement that he cannot come back for six months. CASE NO. 98 -07, WALGREENS Council acknowledged an application from Semper Development for a Comprehensive Plan Amendment, Rezoning and subdivision for proposed development of a Walgreen store on Mendakota County Club property at the southwest intersection of T.H. 110 and T.H. 149. Council also acknowledged associated staff reports, a letter from Debra Swenson, 775 Creek Avenue objecting to the proposal, and letters from Semper Development and Mendakota Country Club re, questing that Council table discussion to the June 2 meeting. Council also acknowledged letters from Semper and Mendakota requesting 60 day extensions on the review period for the planning application. Mr. Lou Brenner, representing Semper Development, stated that his firm is asking that discussion be deferred this evening because there were many questions raised at the Planning Commission meeting that Semper would like to address. Page No. 14 May 5, 1998 Mayor Mertensotto responded that Council needs to set a time limit — the city is under a sixty day time frame during which Council must act. Mr. Brenner responded that Semper has asked for an extension to June 6 before the Planning Commission and that Semper has now also agreed to extend another thirty days. He stated that Semper is asking that the review period be extended to July 6. City Attorney Hart responded that he is concerned that the maximum extension of the sixty days under statute is a maximum of sixty days. Administrator Batchelder responded that the application was filed on March 3 and the 120 day maximum review period will end on July 2, so the last date Council can take action is on June 16. Mr. Brenner stated that he would like to bring the application back on the first meeting in June. He requested an extension of the sixty days to July 2. Administrator Batchelder stated that with Council approval, city staff could certainly send notice to the property owners listed on the abstractors certificate filed with the planning application that the Council discussion will occur on June 2. Councilm ember Huber moved to grant the request to set the Walgreens matter on the June 2 agenda and that the 120 day review period end on July 1, 1998. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 98-13, LILYHOLM Council acknowledged an application from Lilyholm and Lilyholm, Inc., for a ten foot front yard setback variance for parking to allow construction of an office building for TAJ Technologies at 1150 Northland Drive. Council also acknowledged associated staff reports. Mr. Len Lilyholm was present for the discussion. Mr. Lilyholm stated that the proposed parking lot would start ten feet from the property line, so he is asking for a ten foot variance. Public Works Director Danielson informed Council that the parking lot would be 27 feet behind the curb. He explained that the property has a severe slope and is a very narrow lot. Page No. 15 May 5, 1998 Responding to a question from Mayor Mertensotto, Mr. Lilyholm stated that there is circular drive with an island in front of the building, similar to the entrance to City Hall, so that someone could be dropped off at the building and the driver could go right back out. There is no covered entry. Councilmember Krebsbach noted that the Planning Commission gave the application a very thorough review. Mayor Mertensotto stated that if the island is going to be built, he would have no problem with the proposal and would agree to the setback variance under the existing design of the building. He pointed out that no changes can be made to the plan after Council approval is granted. Councilmember Koch moved adoption of Resolution No. 98 -29, `A RESOLUTION APPROVING A 10 FOOT FRONT YARD SETBACK VARIANCE FOR PARKING FOR AN OFFICE BUILDING AT 1150 NORTHLAND DRIVE," and authorization for issuance of a building permit, with the conditions that the structure, landscaping, parking lot, center island an drive be constructed in the manner established in the plans on file with the city. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 98-08, Council acknowledged an application from Mendakota Country Club MENDAKOTA for a conditional use permit for planned unit development to allow construction of a 9000 square foot maintenance facility at the golf course. Council also acknowledged associated staff reports. Mr. Darrell Mulelrleile, Acting President of Mendakota, was present for the discussion. Mr. Mulelrleile informed Council that this was a joint request with the Walgreens application and Mendakota cannot go forward with its part of the development unless Walgreens is approved. Mayor Mertensotto responded that until Mendakota is ready to actually construct, and has building and grading plans, etc., the city would not grant any approval. He stated that Mr. Mulelrleile has every right to request a continuance but Council needs an updated set of plans and would want to know that Mendakota is going to proceed with construction. Page No. 16 May 5, 1998 Mr. Mueller responded that it is definitely contingent on approval of Walgreens' proposal. He stated that he will make a presentation on June 2 and asked for an extension of the review period to 120 days. Councilmember Huber moved to table the matter to June 2 and grant an extension of the 120 day review period to July 1, 1998. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 STREET LIGHTS Council acknowledged a memo from Public Works Director Danielson regarding responses to a "Heights Highlites" article requesting Copperfield neighborhood input with respect to a request for street lights. Council briefly discussed the issue but took no action. STREET LIGHTS Council acknowledged a memo from Public Works Director Danielson in response to requests for street light installation at Lexington Avenue and Dakota Drive and at Stanwich Lane and Dodd Road. Mr. Bruce Klugherz, 706 Stanwich Lane, was present for the discussion. Mr. Klugherz stated that with the building that has occurred in his area of the intersection of Stanwich and Dodd, the intersection has become very busy. He stated that it is a very difficult intersection to see, especially coming from Dodd Road and. there have been many accidents including a recent serious accident. Mayor Mertensotto expressed concern that there are always children near the intersection at night and during the day going to Par 3. Mr. Klugherz added that several children wait for the school bus at the intersection. He informed Council that he received the signatures of the owners of the two houses to his east, who are the ones who would be most affected by a street light. Mayor Mertensotto sated that he feels the shoebox design light would be appropriate for this intersection, since it is more of an intersection light. He noted that shoebox lights have been used along Mendota Heights Road. With respect to the Lexington Avenue/Dakota Drive light request, Mayor Mertensotto stated that the area proposed to be lighted is part Page No. 17 May 5, 1998 of the pedway, so unless Council has any objections he would recommend a shoebox light. Councilmember Huber stated that he has talked to other people about the Stanwich corner and it is a difficult situation and very dark. Councilmember Smith stated that she would like the stipulation that the lighting be as unobtrusive as possible and that the intensity of the light be just sufficient to do the job. Public Works Director Danielson stated tht he will bring the matter back after he gets cost information from NSP. Mayor Mertensotto moved to authorize the Public Works Director to proceed with installing shoebox type intersection lighting at Dakota Drive and Lexington Avenue and at Stanwich and Dodd Road. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 MN/DOT R -O -W Council acknowledged a memo from Public Works Director ( ACQUISITION Danielson regarding city acquisition of Mn/DOT Parcel No. 218. Mayor Mertensotto pointed out that the Public Works Director's recommendation is that the city not do a Phase I environmental investigation after receiving information from Mr. John Hunt, of Barr Engineering, about the Koch Aviation Fuel Cleanup status. Public Works Director Danielson stated that Mr. Hunt is familiar with the Mn/DOT parcel and that it is unlikely that the property has environmental issues that are independent of what has been identified on the Koch property. Responding to a question from Councilmember Smith, Attorney Hart stated that the existing conditions will be documented in the lease agreement and there should be a hold harmless from the tenants against conditions arising from the use of the property. Mayor Mertensotto stated that assuming Council proceeds with authorizing completion of the purchase, the City Attorney should advise Council after the deeds have been filed and the transaction has been completed. Page No. 18 May 5, 1998 Councilmember Huber moved to authorize completion of the Mn/DOT right -of -way acquisition (Parcel 218) along T.H. 55, the acquisition to be financed by TIF. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TOM THUMB EASEMENT Council acknowledged a memo from Public Works Director Danielson regarding acquisition of a trail easement from Tom Thumb. Councilmember Krebsbach moved to approve the Tom Thumb settlement offer for $6,000 for the easement for extension of the pedway along Dodd Road, the cost to be funded by TIF. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Smith stated that she agrees with Mayor Mertensotto's comments of two weeks ago that the City Hall sign be used as the sign standard for the monument at Dodd Road and Mendota Heights Road. She agreed that it should be the prototype for city monument signs. Public Works Director Danielson stated that Council asked him to get proposals from two sign design firms. The proposals will be before council at its next meeting. Councilmember Huber moved to direct the engineering department to proceed with monument design proposals for the easement area at Dodd Road and Mendota Heights Road. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 AIR NOISE Administrator Batchelder informed Council on MAC discussion at its recent public hearing regarding acquisition of the Bureau of Mines property. COUNCIL COMMENTS Mayor Mertensotto asked that the Public Works Department re- institute its weekly report to Council. Councilmember Koch noted that the List of Claims included payment of $800 to Prairie Restorations. She asked what Council can expect to see at Ivy Hills Park as the result of the payment. Page No. 19 May 5, 1998 ADJOURN There being no further business to come before Council, Councilmember Huber moved to adjourn the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ATTEST: Charles E. Mertensotto Mayor TIME OF ADJOURNMENT: 9:58 p.m. Kathleen M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL May 5, 1998 Asphalt Contractor License Valley Blacktopping, Inc. Concrete/Masonry Contractor License Fred Deutsch Cement & Masonry Contr Gas Piping Contractor License Gas Line Plus, Inc. Owens Services Corporation Wenzel Plumbing & Heating Co Inc HVAC Contractor License Owens Services Corporation General Contractor License Gas Line Plus, Inc.