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1995-10-05 Council minutesPage No. 4578 October 5, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Thursday, October 5, 1995 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, 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 8:37 o'clock P.M. The following members were present: Acting Mayor Smith, Councilmembers Koch and Krebsbach. Mayor Mertensotto had notified Council that they would be late. Councilmember Huber had notified the Council that he would be absent. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the special meeting held September 13, 1995. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 Councilmember Krebsbach moved approval of the minutes of the meeting held September 19, 1995 with additions and corrections. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 26, 1995 Planning Commission meeting. b. Acknowledgment of the Fire Department monthly report for August. c. Acknowledgment of the Code Enforcement monthly report for September. d. Acknowledgment of a memo regarding the Courtyard by Marriott restaurant operation. Page No. 4579 October 5, 1995 e. Acknowledgment of a memo Public Works Director Danielson regarding the water tower reconditioning project along with authorization for final payment of $22,425.95 to TMI Coatings, Inc. for work completed on the project. f. Adoption of Resolution No. 95 -56, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR TRAFFIC SIGNAL INSTALLATION (DODD ROAD AND MENDOTA HEIGHTS ROAD," authorizing final payment of $8,160.00 to Electric Service Company. It was noted that the northeasterly trail on Mendota Heights Road will be signed for local use only. g. Approval of the list of contractor licensos dated October 5, 1995 and attached hereto. h. Approval of the List of Claims dated October 5, 1995 and totaling $484,677.51. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 FIRE AWARDS Council acknowledged a memo from Fire Marshal Kaiser regarding the fourth annual fire awards. Fire Marshal Kaiser and Fire Chief Maczko presented plaques to representatives of the Courtyard by Marriott, Cray Research, Mendota Heights Animal Hospital and the Somerset 19 Townhouse Association. Firms which were not represented at the meeting but which were recognized by Council were: A.R.R.T, Applied Coating Technology, Associated Bureaus, Batesville Casket Company, Center for Diagnostic Imaging, Ecolab, G.N.B. L.C.S. Metal Stamping, Mendota Heights Cycling & Fitness, Minnesota Knitting Mills, Minnesota Mining & Manufacturing, Snyder Drug, Solvay Animal Hospital, Somerset Country Club, Specialty Equipment, St. Paul's United Methodist Church, St. Peter's Church, St. Thomas Academy and Tempco Manufacturing. VIOLENCE PREVENTION Acting Mayor Smith read a proposed proclamation to proclaim October 12th as "Turn off the Violence Day in Mendota Heights." Mayor Mertensotto arrived at 7:55 p.m. County Commissioner Patrice Bataglia, Chair of the Dakota Council for Healthy Communities, discussed activities in the school district and city, including the Community Pulse Project and a violence prevention meeting scheduled for October 12. Page No. 4580 October 5, 1995 Acting Mayor Smith stated that she is impressed by the approach the group is taking to sensitize people to the abuse individuals encounter. She was also impressed by the acknowledgment that there are things that cause violence and the initiative is to teach people to deal with violence in constructive ways. Mayor Mertensotto moved adoption of a "PROCLAMATION RECOGNIZING OCTOBER, 1995 AS VIOLENCE FREE MINNESOTA MONTH AND DOMESTIC ABUSE AWARENESS MONTH, AND PROCLAIMING OCTOBER 12, 1995 AS TURN OFF THE VIOLENCE DAY IN MENDOTA HEIGHTS." Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CABLE AWARD Acting Mayor Smith informed the audience that Mayor Mertensotto and Assistant Batchelder were late for the Council meeting because they were attending an NDC -4 awards ceremony. She stated that the Mayor and Assistant Batchelder were awarded plaques for Producer of the Year for the Mendota Heights City Hall Update program. PARK LANDSCAPING Council acknowledged a memo from Parks Project Manager Kullander regarding bids received for the North Kensington Park landscape improvements. Mr. Kullander reviewed the bids and recommended that an award be withheld until grading bids are received since none of the landscaping companies submitted bids for grading and site preparation. He indicated that it is anticipated that, with estimated grading costs, wetland plantings and pond reshaping, the cost estimate is $52,491 versus the $41,500 budget. Councilmember Smith stated that there were many meetings to develop a landscape plan for North Kensington and the Ivy Falls Park. She stated that the trend is to turn back to natural seedings with grasses and indigenous species, but since the plan was developed she has heard many reports about the plantings that they attract insects and rodents and require much more maintenance. She stated that although grasses might be appropriate around the pond, she would like to reconsider the plantings that are away from the pond. She stated that she would like more research before awarding a planting bid. Mr. Kullander responded that if the design is to be changed, the grading would have to be modified to accommodate the changes. He explained that the alternative to the prairie grasses would be to Page No. 4581 October 5, 1995 go to a traditional lawn with bushes. He stated that the longer grasses were intended to provide a barrier between the open areas - the plan was mostly native grass species and emergent plants along the pond. He informed Council that if the longer native grasses are not used, the amount of grading can be reduced. Councilmember Smith asked if berms and other plantings could be done. Mr. Kullander responded that berms and bushes that do not require so much maintenance could be used. Mayor Mertensotto stated that he does not think that Council would want large trees planted, because the intent has been to keep the area open. He asked if the landscape architect's proposal around the pond would be retained if the native grasses are not used. Mr. Kullander responded that the circular affect would be eliminated, but there would still be plantings around the pond to filter the water. Council directed that staff inform the Park and Recreation Commission that it appears that the bids for landscaping and grading will be significantly over budget and the landscaping will require more maintenance than had been anticipated. Council referred the matter back to the Commission with a direction to explore what options are available. Council acknowledged a memo from Park Project Manager Kullander regarding bids received for Ivy Hills Park landscape improvements. Mr. Kullander informed Council that only two bids were received, one for wildflower plantings and plantings along the pond which was a good bid from a well respected firm (Prairie Restorations), and one bid for trees and shrubs. He felt that the tree /shrub bid was two high and that if it is re -bid, more competitive bids will be received. He explained that no site grading is required. He recommended that Council delay awarding the bid to Prairie Restorations to October 17 and soliciting new bids on the remainder of the project. Mayor Mertensotto stated that the pond skimmers are very obtrusive. Mr. Kullander responded that the plantings will go around them and will grow over them. He stated that there will be a dense growth, with wild raspberries and other plants that will discourage children from jumping on the skimmers. Page No. 4582 October 5, 1995 Mayor Mertensotto suggested trying chemicals, such as copper sulfate, to control the duckweed and green slime in the pond. Councilmember Smith stated that she would like the landscaping plan included in the inquiry on prairie grasses to see if that is the best approach. Mr. Kullander responded that the neighbors in the area have had prairie grasses and wildflowers for years and have apparently had no problems with rodents. He stated that he will contact those neighbors. He informed Council that there are about 20 different species of wildflowers in the plan, and plugs will be used in addition to seeding. Councilmember Koch asked that more research be done on what kinds of plants rodents feed on, stating that she has also heard that the grasses attract rodents. STREET STRIPING Council acknowledged a memo from Park Project Manager Kullander along with bids received for street paint markings and striping. Mayor Mertensotto suggested that the "s" curve on Wagon Wheel Trail be included. Councilmember Krebsbach moved to accept the bid of AAA Striping Service Company for striping of up to $4,600 based on the unit bid prices contained in its bid dated September 29, 1995. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 HEARING - HERITAGE Mayor Mertensotto opened the meeting for the purpose of a public INN LIQUOR LICENSE hearing on an application from the Heritage Inn for a Limited Service Hotel on -sale and on -sale Sunday liquor license. Council acknowledged an associated memo and recommendation from the City Clerk. Mr. Keith Gartland, manager of the hotel, was present for the discussion. Mayor Mertensotto informed Mr. Gartland that liquor can only be served in conjunction with food sales. Mr. Gartland responded that liquor will not be served except during the hours of food service and that the restaurant will comply with the requirement on food/liquor sales ratio. He stated that the restaurant is open to the public during its hours of operation. Responding to a Page No. 4583 October 5, 1995 question from Mayor Mertensotto about the restaurant schedule, Mr. Gartland explained that breakfast will be served from 6:30 to 9:00 a.m., lunch from 11:30 to 1:30 p.m., and dinner will be from 5:30 to 9:00 p.m. He stated that the restaurant hours will be the same on Sunday, but no liquor will be served before noon on Sunday. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Koch moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Mayor Mertensotto informed Mr. Gartland that the city will monitor parking and if there is any violation, the hotel will be required to complete its proof of parking. Councilmember Smith stated that she understood there will be no exterior signage or advertising. She further stated that she is still not pleased with some of the assertions made by hotel representatives at past meetings, such as the restaurant is needed because the Marriott no longer provided the service. She pointed out that the memo in the consent agenda informed Council that the Marriott restaurant is still in operation. She stated that Council was initially told that it was the lack of service that prompted the application. Mayor Mertensotto stated that the original plan for the hotel did not include a restaurant. He asked Mr. Gartland to give Council information on the restaurant operation. Mr. Gartland responded that the restaurant is sub -let and run by Bon Appetit. Mayor Mertensotto stated that Council is aware that the Marriott has limited restaurant service - for dinner and meetings and that it has been stated that there was a demand or request for the Heritage Inn to serve wine for dinner, etc. He further stated that he understands that it has now been stated that as long as the Heritage Restaurant is in operation it would be open to the public and the Heritage Inn would like a liquor license. Councilmember Krebsbach stated that she has stated that this would not mean that the hotel would get a full liquor license, and now they are applying for one. She expressed concern that the hotel is wood frame construction and stated that she is opposed to the liquor Page No. 4584 October 5, 1995 license. She informed the audience that she has been consistent since the beginning - she did not support the conditional use permit for the restaurant and made it clear that voting for the restaurant did not mean she would not support liquor. Mayor Mertensotto stated that if Council is going to deny the license it should have told the applicant that much sooner about its concerns. He further stated that Council can expressly inform the Heritage Inn that if it violates any of the representations made to Council regarding the ration of liquor to food sales and advertising to the public, the hotel will not be in Council's good graces and will have problems with its associations with the city. Mr. Gartland responded that the hotel intends to be in Council's good graces. He stated that when the parking variance was approved, it was with the consideration that the city will monitor parking and can require the additional parking at any time. He informed Council that the Heritage Inn could not justify keeping the liquor license if it meant that more parking is needed. With respect to the structure being wood frame, he stated that with the help of the city's fire marshal the fire system in the hotel is quite substantial. He further stated that he understands that if the facility were being built now it could not be wood construction. Mr. Gartland informed Council that he understands that the Tharaldson company is investigating another facility in the city. Mr. Dale Glowa, from United Properties, responded that Tharaldson has a contract for a site at Pilot Knob Road and Northland Drive, but the contract was contingent on a restaurant operation that has since been lost. Councilmember Koch moved to authorize the issuance of a Limited Service Hotel On -sale Liquor and Sunday Liquor License to the Heritage Inn for the Heritage Restaurant. Mayor Mertensotto seconded the motion. Ayes: 3 Nays: 1 Krebsbach HALLOWEEN BONFIRE Council acknowledged a memo from Public Works Director Danielson regarding a request from Russ Wahl to authorize $500 in city funding for the annual Halloween Bonfire. Mr. Wahl was present for the discussion. Mr. Wahl requested that Council authorize up to $500 to support the cost of hot dogs and refreshments for the bonfire which will be held from 7:00 to 9:00 p.m. on October 31. Page No. 4585 October 5, 1995 Mayor Mertensotto stated that over the many years the Wahl family has run the bonfire, it has enjoyed a very successful operation and has run a very safe operation in terms of food handling. He pointed out that the bonfire will need to be scaled down this year because of the landscaping and blacktop improvements at the shopping center. He directed the Public Works Director to publicize that the amount of wood that will be accepted will be reduced and that commercial haulers are not allowed to bring wood to the site. Public Works Director Danielson responded that staff will monitor the site and will post it. He further stated that the site will be fenced when it has reached capacity. Councilmember Krebsbach moved to approve a $500 expenditure for food and beverages and to express Council's appreciation to Mr. Wahl. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 DODD ROAD TRAIL/NURT Council acknowledged a memo from Park Project Manager Kullander regarding Dodd Road pedway improvements. Council also acknowledged a memo from Assistant Batchelder regarding the North Urban Regional Trail. Mr. Kullander reviewed the proposed trail design from Wagon Wheel Trail north to Marie Avenue. Councilmember Smith pointed out that there is an alternative route from Friendly Hills to the shopping center. Mr. Kullander responded that there is a gravel trail now but Mn/DOT will not allow the city to pave it because it is on Mn/DOT right -of -way. Mayor Mertensotto stated that Council would like to pursue an application to Mn/DOT, primarily because of the TH 110/149 intersection for funding assistance for the Dodd Road improvements. He further stated that at the same time, the proposal should be thoroughly reviewed by the Planning and Park and Recreation Commissions. He asked Commissioner Bataglia if the county has approved an alignment that would place the NURT trail along the north side of T.H. 110. He noted that Commissioner Bataglia had voted against the trail. Commissioner Bataglia responded that she is present this evening to speak on the trail issue. She stated that she did not vote in favor of the trail as it was presented to the County Board for two reasons. Those reasons were that there was a portion through South St. Paul that would go through a ravine, and the county's staff and consultant Page No. 4586 October 5, 1995 recommended against that plan because of safety issues and cost. Her second reason for voting against the NURT was because of the Mendota Heights concerns over the Valley Park trail and the fact that there were no set -aside funds for future corrections. Mayor Mertensotto asked about the status of the regional trail. Commissioner Bataglia responded that the final plan has not been submitted yet because of the recommendation on the ravine, and the trail has not yet been approved by the Metropolitan Council. Administrative Assistant Batchelder explained that his memo is in response to Councilmember Huber's concern over a contradiction he had noted between the city's recommendation and the proposed plan for the NURT. He informed Council that city staff asked the county representatives to appear before Council this evening. He stated that Council could direct staff to send a letter to the county to express its concerns over Valley Park so that if the trail is ever funded it would be clear what the city's position on Valley Park as part of the county's master plan. He explained that the plan includes some language about 1,600 feet of the existing trail needing to be flattened and other changes that need to be done to make it a regional trail. He further stated that Dakota County understands that Mendota Heights does not want any changes to the Valley trail. He pointed out that Counciimember Huber has been particularly concerned about increasing the traffic on the trail and change on its character which would occur with flattening it out. Ms. Lynn Moratzka, from Dakota County Planning, stated that she specifically worked on the trails, that she met with Mr. Batchelder and reviewed the city's concerns. She informed Council that she understands that Council does not want to change the nature of the park, and the trail in the park is eight feet wide. She explained that to meet regional status, an eight foot trail width is the absolute minimum acceptable width, and ten or twelve feet is recommended. She stated that sections of a trail in existence can be grandfathered in if they meet the minimum standards, but the section in Valley Park presents different problems. She stated that many sections do not meet Americans with Disabilities Act standards and there may be future problems when the entire trail is completed. Ms. Moratzka informed Council that the county staff would have to come back and re- evaluate coming through Valley Park at that time, but that it is city property and the county has no jurisdiction. She stated that funding for the NURT would be from regional sources. She stated that Council has submitted a resolution and letter to notify the County Board of the city's concerns. The county has not finished developing a plan, since it must be changed to accommodate the Page No. 4587 October 5, 1995 change for Simon's Ravine in South St. Paul and then must be submitted to the Metropolitan Council to see if it meets the requirements for a regional trail. Councilmember Smith stated that it would be appropriate for the city. to adopt a resolution for submission to the County Board, giving the city's position regarding changes in Valley Park and to see if the city trail can be grandfathered. Mayor Mertensotto informed Commissioner Bataglia about the city's position with respect to dual track operations at MSP and asked what happened to the request for funding for S.O.A.R. Commissioner Bataglia responded that the issue was not brought forward yet but will come to the Board. She suggested that Council send a letter to the Board if it has a position on the issue. Mayor Mertensotto stated that he feels it would be totally inappropriate for the county to spend money to support any position promoted by a private group and that the County Board should not spend tax money in support of special interest. Councilmember Smith moved to direct Assistant Batchelder to prepare a letter, for the Mayor's signature, to the Dakota County Board to emphatically oppose financial authorization for expending tax funds to support a special interest group. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach stated that she would be interested in seeing the County Board take a much stronger position to protect the northern Dakota County communities from air noise, and strong support from the county regarding noise abatement and the flight corridor over I -494. Mayor Mertensotto pointed out that what is needed is an equitable distribution of noise. Commissioner Bataglia stated that there are County Commissioners who represent West St. Paul and South St. Paul and one who represents Eagan and Inver Grove Heights and one who represents Burnsville. She explained that there are 275,000 residents in northern Dakota. County and 45,000 in the southern portion, and the majority of the tax dollars come from the northern area. She stated that the Board has specifically stated its support for noise mitigation Page No. 4588 October 5, 1995 for the northern communities, but stressed that Council needs to continue its pressure on the Board. With respect to the Dodd Road pedway, Mayor Mertensotto stated that the city should definitely proceed with the application underway for it to be acted on by Mn/DOT by December. He felt that there is no alternative but to increase the width of the trail to the southeast quadrant in particular, and that in the interim the Park Commission should review the proposal and give their input on location and cost. Councilmember Smith stated that she would like to take a closer look at keeping the trail on one side of Dodd given that there is a trail access to the shopping center from Friendly Hills. Councilmember Smith moved to direct staff to prepare and submit an application to Mn/DOT for a trailway improvement along Dodd Road, from Wagon Wheel Trail to Marie Avenue. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 REGIONAL TRAIL Public Works Director Danielson reported on the Big River Regional Trail, stating that the trail plan was received within the past few weeks. He explained that the trail will follow the Soo Line Railroad right -of -way from Lilydale Park through Lilydale to Mendota Heights at T.H. 13, at which point it will follow the T.H. 13 right - -of -way by Associated Bureaus to connect to a trail on Pilot Knob and then on to Eagan. Ms. Moratzka stated that the question to the city was that WDOT requires the county to come to each city to make sure the Councils are aware of the plans and have reviewed them before the bids are let for the project. She explained that the city engineer must sign the plans before they are transferred to Mn/DOT. Responding to a question from Councilmember Smith, she stated that the right -of- way is 50 feet wide, and the trail will be 12 feet wide. Public Works Director Danielson informed Council that the Park and Recreation Commission has not yet seen the final plans and specifications, although they are aware of the trail. Ms. Moratzka informed Council that that there will be a "park and ride" lot on T.H. 13, just for the use of the trail, which will provide parking for 20 to 25 cars and will allow people to park their vehicles and ride their bikes along the trail. She explained that there will be trees along the trail and there are many existing black walnut trees Page No. 4589 October 5, 1995 which will be trimmed and cleaned up. Responding to a question from Councilmember Krebsbach, she stated that the county staff will work with the city's police department to make sure that the park and ride does not become a problem like the scenic overlook became. She explained that the lot will be posted for trail head parking for bike use only. PUBLIC COMMENTS Ms. Sandy Johnson asked what the relationship is between the city and the school district with respect to construction of the new middle school. She asked if the school site is suitable for a school as it has wetlands and is impacted by power lines. Public Works Director Danielson responded that the city has not received plans from the school district. He explained that the city's Code Enforcement Officers have control over compliance with the state building code and that the city's wetlands ordinance requires a wetlands permit when construction is proposed to occur within 100 feet of a wetland. He stated that although the city has not yet received any plans, there are a number of planning issues which must be addressed. Mayor Mertensotto stated that the tree moratorium is still in placed and a plan for tree removal must be submitted by the school district and it must meet wetland requirements as well. He stated that the school district must determine the suitability of the site since it is their property but Council would certainly expect them to confer with Council for input on the location of the building. He informed the audience that there are no conditional use permit or zoning changes needed, so there will not be public hearings by Council but other city approvals will be needed and the matter will be on Council's agenda in the future. He stated that the city can ask the local newspapers to publish press releases when the matter is to come before Council. Public Works Director Danielson stated that it is his understanding, through conversations with school district representatives, that the district will involve the neighborhood in meetings about the school. Councilmember Krebsbach stated that in her conversations with the district, it is her understanding that it is intended that the structure will be designed to blend in with the residential neighborhood. She pointed out that school board workshops are open to the public. Mayor Mertensotto directed staff to submit a letter to the superintendent of schools to ask what the school board's meeting Page No. 4590 October 5, 1995 and public hearing process is on the middle school project so that residents can be informed. CASE NO. 95 -25, Ms. Marjorie McMahon was present to request approval of her McMAHON application for a two foot sideyard setback variance and a variance from the established neighborhood front yard setback to allow construction of a breezeway and new garage at 666 North Freeway Road. She informed Council that none of her neighbors oppose the addition and have submitted signatures of consent. Council acknowledged reports from the City Planner and Administrative Assistant. Councilmember Krebsbach pointed out that each house in the neighborhood is unique, that the lots are large, and that there is screening between the homes. Councilmember Smith stated that the addition is in conformance with the house to the east and that she understands that the lot's terrain prevents the garage from being connected directly to the house. She asked Ms. McMahon if any landscaping will be done. Ms. McMahon responded that she will have to put in a retaining wall and shrubs but will probably not do that until spring. It was noted that the request for a twelve foot front yard setback variance is based on the established setback on the houses to the west, which is 46 feet. Councilmember Smith stated that she supports the sideyard variance because the house next door is approximately 30- feet from the side lot line, so there is quite a bit of room between the houses. Councilmember Krebsbach moved to approve the Planning Commission and approve a neighborhood front yard setback variance and two foot sideyard setback variance at 666 North Freeway Road, to allow construction of a breezeway and replacement garage to within 34 feet of the front property line, with the condition that there be two windows on the west side garage wall. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 95 -26, CONWAY Council acknowledged an application from Mr. & Mrs. John Conway, 2288 Apache Street, for a 3.58 foot rear yard setback variance to allow construction of a three season porch addition. Page No. 4591 October 5, 1995 Council also acknowledged reports from Assistant Batchelder and the City Planner, along with a letter of opposition from Mr. & Mrs. Lionel Greenberg, 756 Pontiac Place. Mr. & Mrs. Conway and Mr. Greenberg were present for the discussion. Mayor Mertensotto noted that the Planning Commission had recommended approval of the requested variance. Mr. Conway stated that their lot is a corner lot, with a 30 foot rear setback and 30 foot setbacks from both Pontiac Place and Apache Street. Mayor Mertensotto pointed out that the proposed addition would not affect the setbacks from either Pontiac or Apache. Mr. Conway responded that he is just trying to emphasize that there are three 30 foot setbacks on his lot because it is a corner lot. Mr. Greenberg stated that the lot line the Conways want a variance from is Mr. Greenberg's side lot. He stated that when his house was built the side setback required was ten feet, so his house is ten feet from the lot line. He felt that he had a contract with the city that he could rely on the 30 foot setback next door. He stated that he understood that exceptions could be made but the Planning Commission did not make any finding of fact that would allow them to grant a variance. He quoted Section 5.5 of the Zoning Ordinance and stated that he contends that granting of the variance will impair the value of his property. He fizrther stated that the ordinance states that a variance shall not be granted for convenience only and, further, that the porch can be built without a variance. He felt that the Conways are only asking for the variance for convenience and asked Council to deny the request. Mayor Mertensotto noted that in his letter Mr. Greenberg stated that there had been Russian Olive trees and Honeysuckle on the property line but they have been removed. He stated that those plantings would have provided screening such that Mr. Greenberg would not see the porch. Mr. Greenberg responded that even so, it would impact the value of his property. He stated that the Conways have every right to an addition as long as they stay within the ordinance, and he did not feel that there was a hardship shown. He informed Council that realtors have told him that the value of his property will be harmed if the variance is granted. Page No. 4592 October 5, 1995 Council viewed pictures, provided by the Conways, of the view of their home from the Greenberg home. Mrs. Conway stated that if they must meet the 30 foot setback, they could go to the back of the garage and the Greenbergs would have less privacy and the addition would be about 14 feet from the other neighbor's deck. Councilmember Krebsbach stated that although that solution would take the addition further from the street, the porch would be more visible to the Greenbergs. Councilmember Smith stated that if the porch were located behind the garage, it would look directly into the Greenbergs' back yard and put it farther from the property line, but by moving it to avoid the variance, the porch would be closer to the Greenbergs. She stated that she thought the interest was privacy. Mr. Greenberg responded that the interest is the Ordinance. Mayor Mertensotto stated that Council has regularly been granting variances in Friendly Hills because the lots are small. He stated that Council must follow the ordinances and look at reasonable alternatives so that property owners are not unduly limited in the enjoyment and quality of their property. He explained that Council is also concerned about objections. Mr. Greenberg stated that the Conways have stated that their former house had a 10 foot porch and asked why 10 feet is not appropriate here. Mayor Mertensotto responded that Mr. Greenberg would still be looking at a porch. He asked if screening would help. Mr. Conway responded that Mr. Greenberg would only lose 3.58 feet of open space and that he has stated he is not interested in screening. He stated that nothing has been done to his home in 30 years.and he feels the porch will enhance his property. He stated that the porch will blend in with the house and will look like an original part of the house. He further stated that it will not alter the character of the neighborhood other than to improve it. Mr. Greenberg stated that a real estate consultant has told him the variance would lower the value of his house. He further stated that the can build a porch without a variance. Responding to a comment from Councilmember Krebsbach that it is the principle of the Page No. 4593 October 5, 1995 variance versus any accommodations, Mr. Greenberg stated that he has submitted a proposed agreement. Mr. Conway read the proposed variance agreement which Mr. Greenberg had prepared. He stated that the agreement would forever encumber the property. Responding to a comment from Councilmember Smith, Mr. Greenberg stated that what he is after is that the addition will last a long time, and that he has been told by competent people that his property value will be lowered. He informed Council that he prepared the agreement so that he can tell prospective future owners that they have certain rights and the agreement can be recorded at the county. Councilmember Krebsbach asked Mr. Greenberg if he has an accommodation and if it is the principle alone of granting a variance or the number of feet that he objects to. Mr. Greenberg responded that he does not feel that a variance is called for under the ordinance, and that the Conways should consider just building the porch within the ordinance. Councilmember Krebsbach stated that she tends to feel that someone who lives in an area for a long time has some rights, and even though Council has granted variances in Friendly Hills she does not recall any objections. Councilmember Koch stated that one of the things people like to do in Mendota Heights is to maintain and keep their properties up so that their neighbors like living next to them. She pointed out that if the Conways stayed within the ordinance and Council did not grant a variance, the porch might not look as nice on the house. Mr. Conway responded that he would have to build behind the garage and lose part of the garage. Responding to a question from Councilmember Krebsbach about reducing the size to 14 by 12, rather than 14 by 14 feet, Mrs. Conway stated that the reduced size would still require a variance. Councilmember Smith stated that the chimney intrudes into the porch, so that the living space is actually only 10 feet. She noted that if the porch were reduced to 10 feet, the livable area would be reduced to 8 feet because the chimney takes up two feet. She stated that if the porch were moved to the back of the garage, it would have a much better view into the Greenberg living room. Page No. 4594 October 5, 1995 Mr. Greenberg stated that he did not care. Councilmember Smith responded that then privacy is not an issue, and that she suspects that some people would rather not have their neighbors look into their living room and would rather that the porch stuck out a few more feet. Mr. Conway stated that denying him reasonable use of his property is a hardship, and the lot is unique because he cannot build to the front or side of the house because of the 30 foot setbacks. Mr. Greenberg stated that there is a five foot difference in elevation between the two lots. Mayor Mertensotto stated that he would like to allow Council time to take a look at the site before taking action. It was the consensus of Council to table action on the application to October 17. CASE NO. 95-27, MELZAREK Council acknowledged an application from Ms. Mary Melzarek, 717 Navajo Lane, for a variance from the front yard fence height requirement to allow installation of a 48 inch high black vinyl coated chain link fence within the required 30 foot front yard setback at 717 Navajo Lane. Council also acknowledged reports from the Administrative Assistant and City Planner. Ms. Melzarek explained that she wishes to install a black vinyl clad 48" tall fence in the same location as an existing 36" tall split rail fence, which will be removed. She informed Council that the existing fence is about four feet inside the city's right -of -way. She stated that the new fence will look much nicer than the existing fence, and informed Council that all of her neighbors are in favor of her proposal. Councilmember Krebsbach asked Ms. Melzarek if there is anything she can do to soften the appearance of the fence. Ms. Melzarek responded that along the back lot line there are large trees which will screen the fence and there are trees along the Pueblo Lane right -of- way, which she is trying to preserve by keeping the fence in the right -of -way. Councilmember Smith pointed out that the variance does not really cover going into the right -of -way. Public Works Director Danielson stated that it is quite unusual to construct within the right -of -way although the fence has existed for Page No. 4595 October 5, 1995 ten years with no problems. He explained that the existing fence was installed in the right-of-way to avoid existing trees. He stated that Council must authorize placement of the fence in the right-of- way. Councilmember Smith stated that she would prefer not to grant approval to something permanent. City Attorney Hart suggested that Council could grant a license, that could be recorded at the county offices, which would give the property owner permission to construct the fence but could be revoked at the city's option. Mayor Mertensotto stated that his only concern is over setting a precedent. He further stated that he does not ever remember Council granting authorization to allow a fence in city right-of-way, including Ms. Melzarek's existing fence, and felt that doing so would set a very dangerous precedent. He pointed out that Council has also been loathe to grant 48" high fences in the front yard. Ms. Melzarek responded that the fence is really in the side lot, because she her lot is a comer lot. She stated that she would have to remove three trees in order to bring the fence in from the right-of- way. Attorney Hart stated that the city has the right to request removal of the existing fence at any time since it is in the city's right-of-way. Mayor Mertensotto stated that the fence could be put on the property line, but not in the right-of-way. Councilmember Krebsbach moved to grant a side yard fence height variance of twelve inches to allow a 48 inch high black vinyl coated chain link fence within the required 30 foot setback, the fence to be located on the property line. Ayes: 3 Councilmember Smith seconded the motion. Nays: lKoch CASE NO. 95-28, Council acknowledged an application from United Properties for BIG WHEEL/ROSSI industrial site plan approval, building and parking lot setback variances and a proof of parking agreement, for a proposed 55,000 square foot expansion of the Big Wheel/Rossi building. Council also acknowledged associated reports from the City Planner and Administrative Assistant. Page No. 4596 October 5, 1995 Mr. Dale Glowa stated that there is a hardship because if the setback were to be accommodated, an entire leg of warehouse space would be lost. Responding to a question about screening, he stated that the building itself provides a great deal of screening from T.H. 55, and there are a tremendous volume of trees at the intersections in addition to many which were planted when the building was constructed. He stated that more trees will also be planted . Responding to a question from Mayor Mertensotto, Mr. Schaller, owner of Big Wheel/Rossi, stated that four or five trucks will be on the site in the evening. Mr. Glowa stated that the parking calculation per code is based on square footage rather than employees. He stated that Big Wheel/Rossi has 100 employees, but the ordinance requires 154 parking spaces for the fully expanded program. He stated that there are 143 existing parking stalls, and the proof of parking would be an agreement to construct eleven more stalls if the city requires it. Councilmember Smith asked how the additional drainage from the expansion will be accommodated. She also asked about the percentage of green space. Mr. Glowa responded that there are catch basins on site and storm sewer along Pilot Knob. Regarding green space, Mr. Glowa stated that he does not know the percentage, but the project meets the ordinance percentages for building ratio and parking. Councilmember Smith stated that it appears that the requirement for 25% green space is met and suggested that the plan could be approved conditioned upon that percentage. Councilmember Krebsbach moved to approve a ten foot building setback variance from T.H. 13 right-of-way, a five foot parking setback variance from the T.H. 13 right-of-way, and a proof-of- parking agreement for eleven stalls based on present usage, approval subject to the City Planner verifying that the ordinance requirements have been met with respect to building footprint and open space. Ayes: 4 Councilmember Koch seconded the motion. Nays: 0 PROPOSED ORDINANCES Council acknowledged and briefly discussed proposed ordinance amendments to address cellular telephone towers and variance standards. Action on both proposed ordinances was tabled. FRIENDLY HILLS Council acknowledged a memo from Engineer Mogan regarding Page No. 4597 October 5, 1995 IMPROVEMENTS Friendly Hills street improvement pavement problems. Public Works Director Danielson stated that he feels it would be a good idea to delay wear course construction since pot- holing has occurred and other problems may show up over winter. He informed Council that it is desirable to keep the streets in new projects without the final course over winter, and this has been done in several projects. Responding to Council's concern, he stated that the Public Works staff have plowed unfinished streets in new subdivisions in the past. Councilmember Smith stated that staff should confirm that the specifications will be exactly the same and that all repairs will be made before the additional course is laid. She further stated that the project guarantee cannot begin until all of the work is completed. Councilmember Koch moved to authorize staff to execute Change Order No. 1 to the Friendly Hills construction contract to affect a change in the completion date of the final bituminous lift, the completion date being extended to June 15, 1996. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPRECIATION Council expressed its appreciation to MHAA., Sibley Sting Soccer, city staff and volunteers for their assistance in planting trees along the I -494 border in Kensington Park. ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned to the October 12 workshop for discussion on the Livable Communities Act and major capital equipment purchases. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 12:15 o'clock A.M. ATTEST: a4� Charles E. Mertensotto Mayor thleen M. Swanson, City Clerk