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1997-08-05 Council minutesPage No. 1 August 5, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 5, 1997 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 Koch, Krebsbach and Smith. Councilmember Huber had notified Council that he would be absent. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move item c, MCTO bus route changes, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the July 29, 1997 Parks and Recreation Commission meeting. b. Acknowledgment of the building activity report for July. c. Approval of the purchase and installation of audio and video recording equipment for the police department interview room from Advanced State Security at a cost not to exceed $8,000. d. Authorization for an expenditure of $10,800 from the City Hall building fund for the purchase of a Dictaphone Express System from the Dictaphone Corporation for the police department. e. Adoption of Resolution No. 97- 36`A`;RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IMPROVEMENT NO. 96, PROJECT NO. 1, (SOUTH PLAZA DRIVE EXTENSION." Page No. 2 August 5, 1997 f. Approval of a modified critical area site plan for Gardner & Associates (CAO 97 -03), to allow construction of a bay window addition at 996 Caren Court for Mr. and Mrs. George Bergh, along with waiver of the $100 critical area fee. g. Acknowledgment of receipt of information regarding the National League of Cities Congress. h. Approval of the acquisition of an IBM compatible computer system for the administration department for an amount not to exceed $3,700 plus tax and delivery, from the most competitive bidder. i. Acceptance of the resignation of Michael Brennan from the volunteer fire department. j. Approval of the issuance of an off -sale 3.2 malt beverage licence for SuperAmerica Group Store 4521. k. Approval of the issuance of a cigarette license for SuperAmerica Group Store 4521. 1. Approval of the List of contractor licenses dated August 5, 1997 and attached hereto. m. Approval of the List of Claims dated August 5, 1997 and totaling $496,922.25. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 FIRE CELEBRATION Fire Department 50t` Anniversary Committee members Carolyn Dreelan, Ken Weisenberger and Brett Blaeser informed Council and the audience on plans for the anniversary celebration to be held on August 16. SLURRY SEAL BIDS Council acknowledged a tabulation of bids received for the 1997 Slurry Seal project. Engineer Mogan reviewed the bids and responded to Council questions. Page No. 3 August 5, 1997 Councilmember Smith moved to award the contract for the 1997 Slurry Seal project to Struck & Irwin Paving, Inc., for its low bid of $62,360. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 BUS ROUTES Council acknowledged a letter from the MCTO regarding delay in implementation of transit changes until the fall of 1998 and informing Council of two service expansions planned for September of 1997, including bringing 95MU service to the Parkview Plaza turnaround and new service to the Brown Institute (new route #415). Council also acknowledged associated memos from Administrator Batchelder and Public Works Director Danielson. Councilmember Smith stated that it was her initial understanding that Brown Institute stated to Council that it did not need public transportation since most of the students have private transportation and Brown would provide transportation for those students who do not have transportation. She stated that one the one hand she is concerned about ridership and on the other, the MCTO would be providing service to the Mall of America from the downtown area of Mendota Heights. She stated that Council spent much time trying to resolve the traffic problems on Mendota Heights Road at Dodd Road and it would be her preference for the bus to avoid that intersection. She suggested that the bus be routed along T.H. 55 rather than Dodd Road. Mayor Mertensotto stated that the bus will not pick up riders along Mendota Heights, and will likely not pick up riders on Dodd, so he felt that it may be better for the buses leaving Brown Institute to travel along Mendota Heights Road to Lexington, and then take Lexington to T.H. 110 and T.H. 110 to Dodd. He stated that before Council takes action to request such a change in route, residents along Lexington should be notified that the city is considering recommending that the buses travel north on Lexington to see whether the residents have objection. He felt that there should be an open comment period until the next Council meeting. Administrator Batchelder stated that there are two factors to consider. He informed Council that he does not know if MCTO plans to make stops along Mendota Heights Road or not, but that he will contact MCTO. The second issue is that Route 415, which comes from the Mall of America to Brown Institute and then the Parkview Plaza, then becomes Route 95MU. He stated that Ayes: 4 Nays: 0 Page No. 4 August 5, 1997 redesigning the route may change MCTO's ability to provide service to downtown Minneapolis. Councilmember Smith responded that if there is no benefit to the community, she cannot see any reason for MCTO to use the city's streets. Administrator Batchelder stated that staff will contact the management of the Lexington Heights Apartments with respect to distribution of a letter on the proposed route change to residents of the complex. Discussion on the matter was continued to August 19. Council acknowledged a memo and tabulation of bids received for the Mendota Heights Road sidewalk construction project. Engineer Mogan reviewed the bids for Council and the audience. Councilmember Smith pointed out that the project is being done cooperatively with the school district to save taxpayer money. Councilmember Koch moved to award the bid for Mendota Heights Road Bituminous Sidewalk Construction to Daily & Sons Blacktopping, Inc., for its low bid of $43,775.24. Councilmember Smith seconded the motion. CAREN COURT DRAINAGE Council acknowledged a letter from Mr. & Mrs. Alton Todd, 991 Caren Court, regarding drainage concerns, along with an associated report from Engineer Mogan. Mr. Todd was present for the discussion. Engineer Mogan summarized the problem and informed Council on the results of his investigation and on his recommendation that the holding pond outlet discharge pipe be reduced to an 8" diameter a� Mr. Todd stated that he is not satisfied with the recommendation. He informed Council that prior to the Tilsen Highland Heights street reconstruction project, the only drainage to his yard was from Caren Court, which was a very small amount of water. He stated that since the storm sewer line was installed as part of the new project, the runoff from James Road is being channeled to his yard and is Page No. 5 August 5, 1997 eroding the dirt around his storage building and most of the soil from his garden has been eroded away. Mayor Mertensotto asked Mr. Todd if the city's drainage easement is along his west property line. Mr. Todd responded that there is a small intake on his property and a very small channel that he put in. He informed Council that in heavy rain, the water washes through his yard area. He reviewed a drawing showing the old drainage flow, which he stated never brought much water to his property. He explained that with the excessive rain recently, the channel cannot handle the water. Mayor Mertensotto asked if a retaining block wall could be installed to keep the water along the west property line. Mr. Todd responded that he had not considered the option, and that his concern is over the amount of water which he did not have before the project. He felt that even with an 8" pipe, the back of his property would receive a lot of water in a 100 year storm. Councilmember Krebsbach asked if the pipe was in place before the street project was done. Mr. Todd responded that it was, but the difference is that there is a natural depression in his driveway that collected only the natural runoff from the Caren Court area. Mayor Mertensotto stated that what is disturbing is why there is such a large pipe if it is only draining the cul -de -sac. Mr. Todd responded that the pipe was in place when he bought his property in 1982, but since the street project was completed, the court collects the excess runoff from the intersection of Douglas and James Road and the catch basin at his property line is the only catch basin on Caren Court. Councilmember Smith asked if it is possible that the pipe was installed by the developer of the property since there is no city easement. Engineer Mogan responded that he thinks it was either installed by the developer or the city maintenance crews many years ago without an easement. He explained that the other storm sewer that was in Page No. 6 August 5, 1997 place was installed by the developer and it is probable that this pipe was installed at the same time. Mayor Mertensotto stated that Council certainly does not want to give up an easement that the city holds but that he can understand Mr. Todd's concerns. He suggested that the city contract with Barr Engineering to investigate the situation and act as an intermediary. He informed Mr. Todd that Barr is the hydrological engineering firm that serves the watershed management organizations in Dakota County. Mr. Todd stated that the proposal to use Barr Engineering is acceptable to him. CASE NO. 97 -17, MENDOTA Council acknowledged a memo from Assistant Hollister with HEIGHTS UNITED CHURCH respect to continued discussion on an application from the OF CHRIST Mendota Heights United Church of Christ for reconfiguration of its property located at 680 Highway 110. Mr. Carl Baumeister, representing the church, and Dr. Greg Lee, representing the Dodge Nature Center, were present for the discussion. Mayor Mertensotto asked what has changed since the last discussion on the request to transfer ownership of 1.97 acres of church owned land to the Dodge Nature Center. Mr. Baumeister responded that he has found a plat that shows access on an easement about 100 feet from the right of way, but it is not shown on the title record. Mayor Mertensotto responded that now is the time for the issue to be resolved. He stated that Council would like to see that the church has access rights. Mr. Baumeister informed Council that the Dodge Nature Center has indicated to him that it will refuse to sell property to the church. Dr. Lee, stated that it is his understanding that Council raised two issues at the prior discussion on the church's application. One issue related to the old barn on the nature center property. He informed Council that the nature center has taken down a number of buildings on the land in the last few years and does plan to remove the subject barn as soon as a replacement facility can be constructed at the West St. Paul Dodge Nature Center. He informed Council that the nature center wants the barn taken down as much as the city does, but it is used for storage at the present time. He stated that the second issue Page No. 7 August 5, 1997 was incorporating the property being purchased from the church into the nature center property. He asked if a replace would be required. Mayor Mertensotto responded that he believes all that would be necessary would be for the nature center to ask Dakota County to combine the two parcels into the same parcel identification number. Dr. Lee stated that the nature center would prefer that they be kept separate because the rest of the property was given to the nature center with certain restrictions, and if those restrictions are not met the nature center would lose the property. He stated that the purchase area has no public access and it would be difficult for the nature center to sell the land. Councilmember Smith stated that there would need to be a condition imposed that the land could only be acquired by one of the adjacent properties. Dr. Lee responded that the land is surrounded on three sides by the nature center and by the church on the other side. He informed Council that the church and nature center have had a good relationship over the years as far as access to T.H. 110. He stated that the nature center would be more than willing to sell the church easement rights to access to the highway but is not interested in selling the land to the east of the church. Mayor Mertensotto stated that the church does not have much land coming out of the building entrance on the east site, perhaps 50 feet, and they are expanding the use of their structures with improvements and a new worship enter. He stated that if the church is giving the nature center the opportunity to purchase land, the nature center should be a cooperative neighbor and give the church some breathing room on the east so that the church would have access to the highway without easement. Dr. Lee responded that he has been directed to inform Council that the nature center is not interested in selling any property to the east. He stated that the center would work with the church so that they get an easement which would provide legal access to the highway. Councilmember Smith asked when the cJ constructed. Page No. 8 August 5, 1997 Mr. Baumeister responded that the driveway has bee in place since the 1960's and the church has also been caring for the lawn for eight years. Counci]member Smith stated that the church then has rights because of continuous use. She asked Dr. Lee what easement he proposes. Dr. Lee responded that the nature center would work out an arrangement with the church whereby if the church transfers the 1.9 acres of land to the DNC, the DNC would transfer easement rights and some cash to the church. He did not know whether the nature center board would charge the church for the easement. Mayor Mertensotto stated that Council is trying to help the church because Council must make a decision on the lot split. He stated that this is a situation where the church does not have, as a matter of right on its title, to access to T.H. 110, and Council is just saying that that should be corrected at this time. He explained that Council would like to see that the two exchanges (land and access) are in place at the same time. Dr. Lee stated that he thinks that if it appears that the city will approve the lot split, the nature center and the church can meet and work out the access issue. He stated that the DNC would like first right of refusal for the church property if the church ever leaves. He further stated that the church is a compatible use, but other uses may not be compatible. Mr. Baumeister stated that Dr. Lee's suggestion that the two parties meet appears to be a workable solution. Action on the matter was tabled. TEMPCO Council acknowledged a memo form Assistant Hollister relative to a tentative tax increment financing agreement with Tempco. Mr. Jerry Lansink and Mr. Jerry Cronin, representing Tempco, were present for the discussion. Mayor Mertensotto stated that Tempco is planning to install a new press in its building, which will require a higher roof structure, and that Tempco representatives have indicated that they would be willing to square off the corner. He asked Mr. Lansink if Tempco could put the press on the northeast side of the structure, towards the highway. Page No. 9 August 5, 1997 Mr. Lansink responded that he does not think it would fit on that site. Councilmember Smith stated that since council is concerned about aesthetics, the question came up as to whether the addition needs to be at the front of the building. Mr. Lansink responded that Tempco looked at other options but the owners felt that where it is proposed would be the most useful spot because most of the equipment is in that portion of the building. He stated that the owners also thought it would look better aesthetically on that side. Mr. Cronin stated that if the press were located in the northeast part of the building, it would still be necessary to raise the roof and the existing presses would need to be moved, which would be very expensive. Mayor Mertensotto stated that the existing building is not handicapped accessible, and that Tempco is proposing a parking space to the south for the company president, who is handicapped. He asked why Tempco is not addressing a handicapped parking spot to the front of the building. Mr. Lansink responded that he does not think the owners would want to put a handicapped parking spot to the front unless it is required. Mayor Mertensotto stated that in the spirit of the ADA and for future job applicants, there should be handicapped access to the front of the building. He further stated that it is his understanding that the statute relies on city offices to gain compliance with ADA. City Attorney Hart responded that there is a distinction under ADA with respect to public accommodation. He stated that under ADA, a commercial facility is required to comply with ADA requirements if there is any substantial renovation to the facility. He further stated that what is proposed would likely be considered substantial renovation, and ADA would require access to the facility. Mayor Mertensotto pointed out that there is no ADA access to the office area of the building. Mr. Lansink responded that what Tempco has done to comply so far has been to place a sign at the front of the building which states that there is handicapped access to the rear. He stated that he has discussed the matter with Mr. Cronin, and Mr. Cronin stated that in Page No. 10 August 5, 1997 30 years no handicapped person has applied for employment at Tempco. Mayor Mertensotto asked if there would be a problem in providing handicapped accessibility to the office by a ramp. Mr. Cronin responded that he did not think an access ramp would be a problem. Mayor Mertensotto briefly reviewed the list of line items which were attached to Assistant Hollister's memo. Responding to a question from Councilmember Smith about how much painting will be done, Mr. Lansink stated that Tempco will paint the doors, building trim and flashing to match the new addition. Councilmember Smith asked if Tempco would be willing to paint the entire building and work with the city's architect. Mr. Cronin responded that the project is very expensive and he could not afford to paint the entire building. Mayor Mertensotto stated that the TIF would consist of $50.,000 up front when the sprinkling system is completed and the annual $5,000 TIF would not apply unless the whole project is completed. Councilmember Smith stated that Council has not seen any plans showing the design of the addition. Mr. Lansink responded that he submitted a plan to the code enforcement officer, but the fire marshal said it need a sprinkling system. He explained that the plan was then redesigned to avoid the requirement for a sprinkling system, but if there is city TIF assistance available, Tempco would go back to the original plan. He explained that under the plan, three overhead doors will be closed off, leaving just one door. He stated that the color scheme will all match. He further stated that the building doors will be painted to match the building color. Councilmember Smith asked if the window frames will be painted. Mr. Lansink responded that they are presently white, and repainting them was never discussed. Page No. 11 August 5, 1997 Councilmember Smith stated that as long as the city is considering participating with TIF, she would like to know what it would cost to paint the entire building and look at a color scheme that would be consistent with other buildings in the industrial park. Mr. Cronin responded that if the city would help pay for it, he would get bids. He explained that there is 100,000 square feet of building and the color is not much different from the building across the street. He further stated that the building will only have one overhead door and that will be brown. Councilmember Koch stated that she believes the 30 inch entrance door would be very tight for a wheelchair and that she believes handicapped access doors are supposed to be 36 inches wide. Mr. Cronin responded that he has no idea how big the front door is, but that he is sure it is big enough for a wheelchair. Mayor Mertensotto asked if Tempco's officers have reviewed the contract. Mr. Lansink responded that Mr. Cronin has reviewed it and has no objections. Councilmember Smith stated that one of the things she feels would really help the project would be if there were a complimentary color, rather than a contrasting color, on the windows. Mr. Lansink responded that he can could get quote on what it would cost and will leave the decision to the ownership. Mayor Mertensotto stated that Tempco wants to begin the project as soon as possible, so that they can use the press this fall. He further stated that on the basis that Tempco is going to paint the doors and has agreed to get cost estimates for windows, the city could probably participate in those costs. Councilmember Smith stated that she would want to know that the windows are coordinating in color before she can vote on the issue. She suggested that the city ask the architect that the city retained to suggest a color. Mr. Cronin responded that he does not care what color it is, whatever the city desires. Page No. 12 August 5, 1997 Mayor Mertensotto responded that the white framing around the windows draws attention to the vast amount of glass. He stated that he would like to get the maximum impact possible for the public funds being contributed to the project. He informed Mr. Cronin that Council is are only talking that part of the building visible from Mendota Heights Road and the office area. He further stated that Council also needs some compromise on the truck access - where the stopping point will be. Mr. Lansink responded that he does not see that as being an issue at all. Mayor Mertensotto stated that the proposed $96,360 TIF participation in the cost of the Tempco project envisions that the project will include painting all of the windows along Mendota Heights Road and TH 55. He also asked Tempco to determine what the cost would be for installing a ramp to the front office. City Attorney Hart stated that Tempco must provide handicapped access to the facility if and when required by the accessibility guidelines of ADA. Councilmember Koch stated that Tempco should also determine the size of the door opening, as she would not want Tempco to build a ramp and then not have a large enough door. Councilmember Krebsbach moved concept approval of the Tax Increment Financing agreement with Tempco as proposed in Administrative Assistant Hollister's memo to Council which sets out the schedule of payments, and the conditions on payback and pay -as- you-go TIF, and to authorize issuance of a building permit in accordance with plans submitted this evening. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 RECESS Mayor Mertensotto called a recess at 9:45 p.m. The meeting was reconvened at 9:50 p.m. NSP FRANCHISE Council acknowledged a memo from Public Works Director Danielson regarding renewal of NSP's gas and electric franchise agreements. Mr. Pat Cline, NSP's Community Service Manager, was present for the discussion. Page No. 13 August 5, 1997 } Mayor Mertensotto stated that his concern is that there may be a day when the city would want a revenue tax. He stated that he would like an option in the agreement that would allow the city to give NSP six months notice that the city would be imposing a revenue tax. He explained that Mendota Heights would not want to be the only city that is not using the revenue source. He informed Mr. Cline that another question he has is how the exclusive franchise plays out. He stated that he would like NSP to include the same provision as other cities have which allows other providers to cross the city, and that he would like the city to have the ability to amend the agreement on notice from the city. He also asked Mr. Cline if he would agree to Council appointment of a franchise committee. Mr. Cline responded that NSP does have an alternate agreement that gives the city the right to impose a fee, and a change can be easily made to the proposed agreement. He also stated that he would be happy to work with a franchise committee. Regarding Mayor Mertensotto's question over the right to choose another provider, he stated that the proposed agreement simply covers the equipment for distribution of energy. He stated that currently NSP has an exclusive franchise that residents must buy energy from NSP, but in the future, the agreement will be that if people choose to buy NSP, but he did not think that the city would want another distribution system. Mayor Mertensotto responded that he wants flexibility in the future, not a 20 year agreement. He pointed out that city residents currently pay 20% more to St. Paul Water than St. Paul residents do, and that St. Paul Water cannot charge that 20% to Mendota Heights unless it imposes the same charge to all of its customers outside of the city. If a lower rate is offered to other cities, St. Paul Water must offer Mendota Heights the lower rate. Mr. Cline responded it is common to open issues during the term of the agreement. Mayor Mertensotto stated that he would like to put together a working group of four people to meet with Mr. Cline, including city staff., and that he will establish the committee soon and then contact Mr. Cline. CASE NO. 97 -18, GIGUERE Council acknowledged an application from David Giguere for conditional use permit and four foot sideyard setback variance to allow replacement of an existing one -car detached garage with a j' Page No. 14 August 5, 1997 detached two -car garage at 1311 Delaware Avenue. Council also acknowledged associated staff reports. Mayor Mertensotto noted that the staff report recommended review of the plan by the Fire Marshal and Code Enforcement Officers for code compliance because the garage appears to be too close to the existing house. Mr. Giguere responded that he has a covered patio between the garage and the house. Attorney Hart stated that as long as the structure is in compliance with the Uniform Building Code, the requirement that both the Fire Marshal and Code Enforcement Officers is not needed in the approving resolution. Referring to Mr. Giguere's concern over costs associated with the city planning applications and requirements, Mayor Mertensotto asked Mr. Giguere what his cost was for the required abstractor's certificate. Mr. Giguere responded that the certificate cost $100. Mayor Mertensotto stated that the city's ordinance requires an abstractor's certificate showing the owners of properties located within 350 feet of the applicant's property. He felt that the city should ask Dakota County to develop the property owner list through GIS so that the cost to applicants is not so great. Public Works Director Danielson responded that Dakota County is working towards availability of GIS - generated ownership lists. Also responding to a question from Mayor Mertensotto, he stated that only a variance fee has been charged to Mr. Giguere pending determination by Council on whether a conditional use fee should be required. He explained that Mr. Giguere felt that the interpretation that replacing an existing detached garage with a new one places unfair burden on residents who live in older homes. Mayor Mertensotto stated that because of the width of the lot, Mr. Giguere has not alternative other than to locate the garage as proposed. He suggested that Council grant the conditional use permit and waive the fee. Councilmember Smith moved adoption of Resolution No. 97 -38, "A RESOLUTION GRANTING A CONDITIONAL USE PERMIT Page No. 15 August 5, 1997 AND A 4' SIDE YARD SETBACK VARIANCE TO 1311 DELAWARE AVENUE TO REPLACE AN EXISTING DETACHED GARAGE WITH A NEW DETACHED GARAGE," amended to remove staff review and approval of plans, and further to approve waiver of the conditional use permit application fee. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Mayor Mertensotto pointed out that review by the Code Enforcement Officers and Fire Marshal were removed because no permit can be issued without their approval. CASE NO. 97 -19, NORTHLAND Council acknowledged an application form Northland Drive DRIVE PARTNERSHIP Partnership for a 40 foot setback variance to allow installation of a multi -tenant 66 square foot sign at the property line at 2506 -2526 Northland Drive. Council also acknowledged associated staff reports. Mr. Dave Gravelle was present for the discussion. Mayor Mertensotto pointed out that when signs start encroaching on the setback, sight lines are restricted at intersections. Mr. Gravelle responded that the sign would be on the curve, not on a corner, and there are no trees in the proposed sign location. He explained that because of the trees at the required setback, the sign would not be visible and some very mature trees would have to be removed. He stated that the only location where the sign could be seen is at the proposed location. Mayor Mertensotto informed Mr. Gravelle that the largest variance Council typically grants for sign setbacks is 20 feet. He felt that the proposed variance would set a dangerous precedent of allowing signs on the property line. Councilmember Smith stated that one thing Council has done in the past in granting a variance for a sign close to the property line was to stipulate that the sign could stay 20 feet from the property line or a minimum distance from the curb if conditions change. It was the consensus to amend the proposed resolution to allow a variance to the extent necessary for the placement of a sign no closer than 2 feet from the property line, and no closer than 20 feet from the curb, as the location of the curb may change from time to time. Councilmember Krebsbach moved adoption of Resolution No. 97- 39, "A RESOLUTION GRANTING A SETBACK VARIANCE TO Page No. 16 August 5, 1997 NORTHLAND DRIVE PARTNERSHIP FOR A SIGN," as amended. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 97-20, KELLER Council acknowledged an application from Keller RESIDENTIAL Residential, Inc., for a ten foot front yard setback variance to allow construction of a fence for Mr. & Mrs. Neil Melton at 2459 Winthrop Court. Council also acknowledged staff reports. Mr. Melton was present for the discussion. Mr. Melton informed Council that he has a corner lot, so the 10 foot front yard variance that is required is really for his side lot line. He stated that the fence will look like a picket fence and will be six feet tall. He explained that it will be stained to match the color of the house. He informed Council that he needs the fence to separate neighborhood children from his dog and that he has tried invisible fencing but there are seven children aged 2 through 9 in his neighborhood and the came to play with his dog and broke the fence. Responding to a question from Mayor Mertensotto, Mr. Melton stated that at such time as he no longer has his present dog he will - likely get another. He informed Council that there will be landscaping around the fence and that all of his neighbors have submitted their written approval. Councilmember Koch moved adoption of Resolution No. 9740 -, "A RESOLUTON GRANTING A 10' FRONT YARD SETBACK VARIANCE FOR A FENCE TO 2459 WINTHROP COURT," granting a three foot fence height variance to allow a six foot fence to be located 20 feet from the property line along Mendota Heights Road. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 97 -21, Council acknowledged an application from the Convent of the VISITATION Visitation for a wetlands permit to allow two tennis courts to be constructed to within 50 feet of a pond on the Visitation property. Council also acknowledged associated staff reports. Mr. Gary Ostberg was present on behalf of Visitation. Mr. Ostberg explained that the permit is being requested to allow two additional tennis courts at Visitation. He briefly reviewed the Page No. 17 August 5, 1997 drawings and drainage plan and discussed drainage issues with Council. Councilmember Smith moved adoption of Resolution No. 97 =4:1, "A RESOLUTION APPROVING A WETLANDS PERMIT TO VISITATION FOR TWO TENNIS COURTS TO WITHIN 50 "OF THE WETLAND," consistent with the plans and specifications dated July 23, 1997 and on file with the city, and with the condition that the distance form the high water mark will be determined by city staff. Councihember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 97-22, PIHLSTROM Council acknowledged an application from Mr. Gary Pihlstrom for a conditional use permit and modified critical area permit to allow construction of a 240 square foot accessory structure at 1907 Hunter Lane. Council also acknowledged a letter from Mr. J.W. Barber, 1919 Hunter Lane, and staff reports. Mr. Pihlstrom was present for the discussion. Regarding Mr. Barber's request that conditions be placed on the permit, Mr. Pihlstrom stated that he has agreed to set the fence back one foot from the property line. He stated that Mr. Barber has agreed that if his fence encroaches on the Pihlstrom property line he will move it. He informed Council that Mr. Barber's concerns were addressed in the proposal at the outset. Councilmember Koch stated that one of the conditions in the proposed resolution is that the fence conform to the Zoning Ordinance in all respects, including the ten foot setback from the south property line. Public Works Director Danielson responded that the resolution language is in error, and should state that the proposed free standing accessory structure conform to the R -1 zoning code, etc. Mr. Pihlstrom stated that the structure will be set back ten feet from his property line and the fence will be set back one foot from the property line. He also stated that the siding and shingles will match the house. Mr. Pihlstrom informed Council that the abstractor's certificate required by the city cost $260, and that the city charged $100 for the Page No. 18 August 5, 1997 critical are fee and $350 for the conditional use permit, so it has cost him $700 just to request a yard barn and the fence. Mayor Mertensotto suggested waiver of the critical area fee. Councilmember Krebsbach moved adoption of Resolution No. 97- 42, "A RESOLUTION APPROVING A CONDITONAL USE PERMIT AND A MODIFIED CRITICAL AREA PERMIT FOR 1907 HUNTER LANE FOR AN ACCESSORY STRUCTURE," revised as to the first condition. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 97 -43, ROYAL Council acknowledged an application from Royal Redeemer REDEEMER Lutheran Church for a 20 foot setback variance and a 40 square foot sign size variance to allow installation of a new 64 square foot sign. Council also acknowledged associated staff reports. Ms. Mary Moore was present on behalf of Royal Redeemer. Councilmember Krebsbach asked for a comparison of the proposed sign to others in the city. Ms. Moore responded that the church does not like the high sign it currently has and the new sign would be a foot taller than the City Hall sign. She stated that the church would like to move the sign closer to the access and have it look more like the other signs in the area. She cited several church signs as examples. Councilmember Krebsbach stated that the sign as proposed appears to be very large. Ms. Moore responded that the one the currently exists is five feet high and the new one would be 4 feet high and would be set in a planter. She explained that light emanating from the existing sign carries off the site at night, at eye level. She stated that one of the church's concerns is that the facility is located in a 40 mile per hour zone, and there is concern over safety because of the amount of time it takes to read the sign, stop and turn. She stated that a if a smaller sign were installed, by the time someone could read it they would go past the facility and brake, which is dangerous. She informed Council that the city's sign is 3 by 8 feet and the church is asking for a four by 8 foot sign. She stated that from ground level to the top of the sign is 7'6 ", but that could be adjusted, and flowers will be planted in the base. Page No. 19 August 5, 1997 Councilmember Krebsbach stated that she would be inclined to approve the application if she knew the sign would be lower. Ms. Moore responded that it has taken the church nine years to get to this point, and the original sign was installed in the early 1960's. She stated that a small sign would not be beneficial to the church, and the city ordinance only allows a 3 by 4 foot sign. Mayor Mertensotto stated that what Councilmember Krebsbach is asking is if the church can lower the distance between the bottom of the sign and the landscaping base. He suggested that the sign be six to eight inches above the base. Ms. Moore responded that this is not an issue and that the sign can be brought down. She stated that if Council wishes, the sign could be placed on the based and plantings could be placed around the base. Councilmember Smith asked if the church would agree to,a setback of ten feet from the property line or a specified distance from the curb. Ms. Moore responded that right now the sign is next to the path and the church would be moving it towards the driveway and away from the path. Councilmember Krebsbach moved adoption of Resolution No. 97- 43 "'A RESOLUTION GRANTING A 10' SETBACK VARIANCE AND A 40 SQUARE FOOT SIZE VARIANCE TO ROYAL REDEEMER LUTHERAN CHURCH FOR A NEW SIGN," with the conditions that the sign be no closer than ten feet from the property line along Lexington Avenue, that the sign must be constructed on top of the base, and that the monument material match the exterior of the church facility. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 97 -26, BIFULK Council acknowledged an application from Mr. Phil Bifulk for a 20 foot front yard setback variance to allow installation of a chain link fence at 1936 Glen Hill Road. Councilmember Krebsbach stated that Council granted a ten foot variance for a similar fence close to the Bifulk property, thus there is Page No. 20 August 5, 1997 precedent for approval. Councilmember Krebsbach moved adoption of Resolution No. 97- 44.,, "A RESOLUTION GRANTING A 20 FOOT FRONT YARD SETBACK VARIANCE AND A MODIFIED CRITICAL AREA PERMIT TO 1936 GLEN HILL ROAD FOR A FENCE," along with waiver of the critical area modified site plan review fee. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 97 -45, UNITED Council acknowledged an application from United Properties for a PROPERTIES conditional use permit for planned unit development for the Mendota Technology Center. Council also acknowledged associated staff reports. Mr. Dale Glowa was present for the discussion on behalf of United Properties. Mr. Glowa reviewed building renderings and reviewed the site plan for Council. He stated that he is seeking concept, preliminary and final PUD approval so that he can begin construction on the first phase of the development in thirty days. He informed Council hat the development will start with Phase 1, which will be a two -story structure. It is the intent to develop in phases as the market requires ant that there are two two -story buildings and two one story buildings proposed for the development. He stated that the one -story buildings will be either office /show room or entirely office space. He informed Council that the buildings will be red brick with stone an that they will be built on a speculation basis. Responding to a question from Councilmember Smith, Mr. Glowa stated that United Properties intends to individually plat each property and there will be cross parking and access easements. Councilmember Smith moved adoption of Resolution No. 97 =45, "A RESOLUTION GRANTING CONCEPT, PRELIMINARY AND FINAL APPROVAL TO UNITED PROPERTIES FOR MENDOTA TECHNOLOGY CENTER," subject to the conditions recommended by the Planning Commission, along with authorization for issuance of a building permit. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Page No. 21 August 5, 1997 T.H. 110 FRONTAGE ROAD Council acknowledged a memo from Public Works Director Danielson regarding a request from Dakota Bank that the South Lexington Avenue frontage road be renamed Dakota Drive. It was the consensus not to rename the road without input from the other owners of property along the frontage road. COMPREHENSIVE PLAN Council acknowledged a memo from Assistant Hollister regarding an ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to 7:30 p.m. on August 12 for a tour of the middle school and to 7:30 p.m. on August 14 for a budget workshop. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:45 o'clock P.M. Kathleen M. Swanson ATTEST: City Clerk �) Charles E. Mertensotto, Mayor application made by staff to the Metropolitan Council for a $20,000 grant to assist in the cost of revising the city's Comprehensive Plan. It was the consensus of Council to apply for the funding in part because the city must hire airport noise experts to review plans south of T.H. 110 to determine whether they fit in with the development plans for MSP. Councilmember Smith moved adoption of Resolution No. 97 -46, "A RESOLUTION AUTHORIZING STAFF TO APPLY FOR A $20,000 METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT." Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 BUDGET WORKSHOP It was the consensus of Council to conduct a workshop on the proposed 1998 budget at 7:30 p.m. on August 14. MIDDLE SCHOOL TOUR Council acknowledged an invitation to tour the new middle school on August 12. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to 7:30 p.m. on August 12 for a tour of the middle school and to 7:30 p.m. on August 14 for a budget workshop. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:45 o'clock P.M. Kathleen M. Swanson ATTEST: City Clerk �) Charles E. Mertensotto, Mayor