2008-09-02 City Council minutesPursuant to due call and
Heights, Minnesota was
Heights, Minnesota.
CALL TO ORDER
September 2, 2008
Page 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, September 2, 2008
notice thereof, the regular meeting of the City Council, City of Mendota
held at 7:00 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota
PLEDGE OF ALLEGIANCE
AGENDA ADOPTION
Ayes: 5
Nays: 0
APPROVAL OF MINUTES
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Huber called the meeting to order at 7:00
p.m. The following members were present:
Councilmembers Duggan, Krebsbach, Schneeman
and Vitelli.
Council, the audience and staff recited the Pledge of
Allegiance.
Councilmember Duggan moved adoption of the
revised agenda as presented indicating that 8b has
been added. Councilmember Schneeman seconded
the motion.
Councilmember Duggan moved to approve the
minutes of August 5, 2008 as corrected.
Commissioner Schneeman seconded the motion.
Councilmember Duggan moved to approve the
minutes of August 19, 2008 as corrected.
Commissioner Krebsbach seconded the motion.
Councilmember Duggan moved approval of the
consent calendar as presented, pulling items d, e, i
and k for further discussion and authorization for
execution of any necessary documents contained
therein.
a. Acknowledgement of the Minutes from the
August 26th Planning Commission Meeting.
September 2, 2008
Page 2
b. Acknowledgement of the Building Activity
Report for July and August 2008.
c. Acknowledgement of the Minutes from the
Budget Workshop held August 18, 2008.
d. Authorization of Purchase Order for Installation
of Flat-Panel Video Monitor in Council
Chambers.
e. Authorization for Purchase of Play Components
for 2009 Reconstruction of Friendly Hills Park
Playground.
f. Approval of Building Permit Request for
Building Exterior Alterations at 2360 Pilot
Knob Road.
g. Approval of Sign Permit for Mendota Heights
Orthodontics to be located at 750 Main Street.
h. Adoption of Resolution No. 08-53: "A
RESOLUTION APPROVING AN EIGHTEEN
FOOT VARIANCE TO THE SIDE YARD
SETBACK AT 2515 PILOT KNOB ROAD."
i. Adoption of Resolution No. 08-54: "A
RESOLUTION FORMALLY
ACKNOWLEDGING THE RECEIPT OF THE
GIFT FROM ROTARY TO THE CITY OF
MENDOTA HEIGHTS."
j. Adoption of Resolution No. 08-55: "A
RESOLUTION PROVIDING FOR THE SALE
OF $3,200,000 G.O. IMPROVEMENT
BONDS, SERIES 2008".
k. Adoption of Resolution No. 08-56: "A
RESOLUTION ADOPTING 2009 PROPOSED
BUDGET"; and
Adoption of Resolution No. 08-57: "A
RESOLUTION APPROVING TENTATIVE
2008 LEVY COLLECTIBLE IN 2009"; and
Adoption of Resolution No. 08-58: "A
RESOLUTION APPROVING FINAL 2008
TAX LEVY FOR SPECIAL TAXING
DISTRICT NO. 1 COLLECTIBLE IN 2009".
1 Approval of the List of Contractors, dated
August 28, 2008.
m. Approval of the List of Claims, dated September
2, 2008, totaling $369,616.50.
Councilmember Duggan asked for corrections to
Item j, changing the resolution to reflect 7:00 PM as
the meeting time in Item #2.
September 2, 2008
Page 3
Councilmember Schneeman seconded the motion.
Councilmember Krebsbach asked for clarification
that the monitor (item d) will be used to show site
plans. City Administrator Jim Danielson said that
was correct. Councilmember Schneeman said
Councilmember Vitelli and herself appreciate this
new monitor as they will be able to see the
presentations better as it will be better located.
Councilmember Vitelli said it looks better than the
former television on a cart that was used.
Councilmember Vitelli moved to authorize the City
Administrator to issue Purchase Order(s) for
materials and vendor services for a 52 -inch flat
panel monitor for the Council Chambers.
Commissioner Duggan seconded the motion.
Councilmember Krebsbach referred to item e and
asked if these materials will be the spongy surface
that many playgrounds use. Assistant to the City
Administrator Jake Sedlacek said this is a typical
surface and parks will do at least a portion for
accessibility. When using this surface all over, it
tends to break down. Mr. Sedlacek said Mr.
Kullander's site plan does not indicate this material.
Councilmember Schneeman said she believes this
spongy material is prone to getting holes in it.
Councilmember Krebsbach said this material seems
to protect children by cushioning potential falls.
Councilmember Duggan mentioned some of the
items in the quotation and asked if these are the
materials Councilmember Krebsbach is speaking of.
Mr. Sedlacek said he did not know.
Councilmember Duggan said he would also like to
know when the playground equipment at Friendly
Hills Park was last replaced.
September 2, 2008
Page 4
Councilmember Duggan moved to table this item
until further information is available from Mr.
Kullander.
Commissioner Schneeman seconded the motion.
Councilmember Schneeman asked to have item i
pulled for discussion and said it is wonderful to get
these types of gifts and reminded residents of the
park bench donation program. Councilmember
Schneeman said this is a good program as the
residents enjoy using these benches.
Councilmember Duggan asked to have the
resolution changed on Item #4 to say "WHEREAS,
the City Council of the City of Mendota Heights
have duly considered this matter and wish to
acknowledge the civic mindedness of i4 citizens and
officially recognize their donations."
Councilmember Vitelli moved adoption of
Resolution No. 08 -54: "A RESOLUTION
FORMALLY ACKNOWLEDGING THE
RECEIPT OF THE GIFT FROM ROTARY TO
THE CITY OF MENDOTA HEIGHTS."
Commissioner Vitelli seconded the motion.
Mayor Huber opened discussion on Item k and said
Finance Director Kristen Schabacker prepared what
was exactly agreed to for a first pass at the budget
meeting a few weeks ago.
Mayor Huber said the resolution here would
increase the levy 2009 by about $483,000. Mayor
Huber said the main drivers are:
$208,000 Staff Wage /Salary Increase
$126,000 Increase to Debt Service —
Road Reconstruction
$119,000 Purchase of Fire Truck (5 Yr.)
$30,000 All other
$483,000
Mayor Huber said one action that Council may want
to consider is the fire truck was presumed to be
September 2, 2008
Page 5
financed over five years, keeping in mind that
coming back to a future agenda is a fuller
discussion on the final levy with Staff and Chief
Maczko about the fire truck purchase. He asked for
feedback on having the truck financed for five years
as opposed to ten years, which would lower the levy
amount about $60,000. Mayor Huber said he is fine
with whatever Council wishes to do.
Councilmember Krebsbach said the fire department
has a ten year capital plan and would prefer staying
with the five year.
Councilmember Vitelli said he would prefer setting
this as ten years because it seems the depreciation
should be related to the useful life of the truck, and
this truck will probably last about 25 years.
Councilmember Krebsbach asked if the levy will
drop if the truck goes to ten years. Mayor Huber
said it would by about $60,000. What has been
prepared tonight can not be increased, but the
Council can bring it down.
Councilmember Schneeman said she agrees with
Councilmember Vitelli as this equipment lasts so
long. Mayor Huber said he also agrees.
Councilmember Vitelli said it is good to keep the
levy as low as possible for the residents.
Councilmember Duggan said the ten year makes
more sense.
Councilmember Krebsbach said she is fine with the
ten year as suggested by Councilmember Vitelli and
will support this.
Councilmember Duggan moved to adopt the levy
which includes the direction to presume that the
financing is for a ten year period dropping the
number to $60,000.
Ms. Schabacker said she will revise the resolution
so that the equipment certificate shows a levy
Ayes: 5
Nays: 0
MENDOTA HEIGHTS
LODGING INVESTORS
September 2, 2008
Page 6
amount of $60,000 assuming the ten year equipment
certificate duration.
Councilmember Duggan asked for more refinement
to the last resolution that would state the meeting
time as 7:00 pm.
Commissioner Krebsbach seconded the motion.
Mr. Sedlacek introduced the application for
a Zoning Ordinance Text Amendment, Conditional
Use Permit, and Preliminary and Final Plat.
Mr. Sedlacek reviewed the site plan, showing the
location of the parcel surrounded by 1 -494, Pilot
Knob Road, and Northland Drive. This area
currently exists in an industrial park, and has been
sitting vacant for some time. The city has been
hoping for an upscale restaurant on this location,
and United Properties (the owner of the property)
has come forward several times with their struggles
to land a good tenant. United Properties have also
presented a concept plan about a year ago for a
service station, and Council was clear that there is
to be no service station at this location.
Mr. Sedlacek said this new application is a concept
that was discussed at the June 17th Council meeting,
and contains details for a four- story, extended stay
hotel as well as a separate building that will house a
retail service center which would include two or
possibly three new retail stores in it such as food
service, coffee shop, dry cleaning, all being
allowable uses in an industrial park.
Mr. Sedlacek said United Properties have been
saying that their tenants are requesting these types
of services to service the industrial/business park.
Mr. Sedlacek said Staff recommended that United
Properties request a text amendment to the zoning
ordinance as this type of development will need
some flexibility as is done in a Planned Unit
Development, however the property is only 3.7
September 2, 2008
Page 7
acres in size and PUD's are required to be a
minimum of 5 acres. Staff felt the change to allow
the conditional use inside the industrial zone is
more appropriate than changing the Planned Unit
Development requirements.
Mr. Sedlacek said the regular process could be
done, but would need a number of variances, and
Staff wants to see if first, this concept is something
that the Council would feel is an appropriate use of
the site. If this is found to be true, the conditional
use permit would be a little more peimissive and
easier to use.
Mr. Sedlacek said the zoning ordinance text
amendment would be needed for the service center
as a conditional use in the industrial district. Hotels
are already allowed.
Mr. Sedlacek said these text amendment changes
would affect any and all future development
projects.
Mr. Sedlacek said the Planning Commission held
their discussions and a public hearing at their
August 26th meeting, and there have been some
questions around the details. There were no public
comments taken. Mr. Sedlacek said the Planning
Commission voted 5 -0 in favor (Norton absent,
Viksnins excused himself from this case).
The applicants have requested Section 12 -1G -2 of
the Zoning Ordinance be amended by adding the
following language:
Retail Sales and Service Complex, provided that:
1. The Complex be comprised of more than one
building. Lot area for the retail site to be less
than one acre;
2. The retail uses are listed as permitted or
conditional uses in the B -2 Zoning District;
3. Drive -in and Fast Food Restaurants may be
included as allowed in Section 12 -1J -3;
4. The site of the proposed use is located adjacent
to an Interstate Highway, and is within 300 feet
September 2, 2008
Page 8
of an interchange entrance or exit ramp with
such Highway;
5. Cross parking and access shall be permitted;
6. Hotels and Motels in the Complex may be a
maximum of four stories, or 50 feet in height,
notwithstanding the height requirements of the I
District;
7. The Floor Area Ratio of the Complex may be a
maximum of 65 %, notwithstanding the FAR
requirements of the I District;
8. Pylon sign along I -494 to be approximately the
same height as the adjacent Courtyard by
Marriott hotel, relative to the I -494 elevation;
9. Exterior finishes shall be consistent with
Conditional Use Pelinit application; and
10. Buildings may be set back 35 feet from a front
property line or side property line abutting a
street, on the hotel lot.
11. Building may be set back 40 feet from the rear
property line or interior side property line not
abutting a street, on the retail building lot.
12. Parking spaces may be reduced to eight (8) feet
in width and eighteen (18) feet in length.
13. Parking spaces may be set back 10 feet from a
front property line or side property line abutting
a street.
14. The required number of parking spaces for both
buildings may be reduced by five (5) parking
stalls.
15. At least twenty five percent (25 %) of the land
area shall be landscaped with grass, approved
ground cover, shrubbery and trees. All lots
within the proposed hotel and retail sales
development may be calculated together to meet
the 25% requirement.
16. Freestanding or pylon signs may be located 35
feet from a front property line or side yard
abutting a street. This shall apply to those
property lines adjacent to Interstate Highways.
Freestanding or pylon signs may be 10 feet from
interior side property lines.
17. Up to three freestanding or pylon signs may be
allowed on one lot within the hotel and retail
sales complex. All other lots within the
complex shall comply with the requirement of
one freestanding or pylon sign.
September 2, 2008
Page 9
18. Freestanding or pylon signs may be located ten
(10) feet from a front property line or side yard
abutting a public street. This shall apply only to
those property lines adjacent to streets that are
not Interstate Highways.
19. All other standards of the "I" Industrial District
and other applicable zoning standards shall
apply.
Councilmember Duggan asked if the fire
department has reviewed the site and plans. Mr.
Sedlacek said they have not, and they will have the
opportunity to comment on this.
Councilmember Duggan asked if the fire
department equipment can reach the 50 -ft height.
City Administrator Jim Danielson said there are
other four -story buildings in the community, as well
as the adjacent buildings.
Councilmember Duggan said he does not have a
problem with the proposal in relationship to shared
entrances and shared parking, but has some concern
about the actual language regarding the signage in
Item #8. Councilmember Duggan said if the
Council makes a change to the ordinance, can they
specify a specific building (as it relates to the
Courtyard by Marriott in this case) because the text
amendment would then not apply to future cases.
Councilmember Duggan asked that this language be
deleted.
Councilmember Schneeman said she remembers
having a lot of discussion with that pylon sign at the
Courtyard about the height.
Councilmember Duggan referred to Item #12 and
said he does not have a problem with eighteen feet,
but can not agree to reducing the width of 8 -ft with
the larger cars and SUVs that people are driving.
Mr. Sedlacek said the applicant has agreed to stay
with the 9 -ft width. Councilmember Duggan said
he would agree to the reduction of the length.
Councilmember Duggan referred to Item #17 and
said he would not support having three pylon signs
September 2, 2008
Page 10
on the lot for the retail center, and perhaps two on
the hotel site would be acceptable.
Mr. Sedlacek said the applicant is concerned about
that language as they don't want to have three pylon
signs, but one pylon along with two monument
signs. Mr. Sedlacek said the language can be
changed to reflect that. Councilmember Duggan
said he is not at this time aware of what the
applicant is intending to place on the site.
Councilmember Duggan said he has no problems
with Item #14 to reduce the total parking by five
spaces and he is assuming that the number of
parking spaces is based on the calculations of 9 -ft.
Councilmember Duggan referred to Item #7 and
said if looking at some of the calculation that were
provided by Planner Steve Grittman, Page 5 Item 4
— Floor Area Ratio, with the suggestions of having
the percentage at 65 %. Councilmember Duggan
said he would be more comfortable with 60% as
Mr. Grittman's report shows 59.05.
Councilmember Krebsbach said her concern is the
drive -in / fast -food and said one of the reasons the
Council did not approve a gas station was the
Council did not want to open up Mendota Heights
to Mall of America traffic. Councilmember
Krebsbach said Brown College is not interested in
moving in there either.
Councilmember Krebsbach said she is not in favor
of the drive -in and asked if there was a particular
tenant in mind. Mayor Huber suggested waiting to
get those questions answered when the applicant is
at the podium.
Councilmember Schneeman said she would like to
have some discussion on the lighting at night.
Councilmember Vitelli said he is comfortable with
the recommendation of the Planning Commission
and the Planner, which is reflected in the resolution.
September 2, 2008
Page 11
Mr. George Burkards, United Properties, said these
are all good questions. Mr. Burkards said the
information given on the signage is incorrect, as
they are looking to put in only one pylon sign with
both the hotel and retail information, and two
monument signs similar to what is in the Mendota
Heights Business Park (one for the retail center and
one for the hotel).
Mr. Burkards introduced Nate Gundrum from The
North Central Group, and Gary Brink, from Brink
Architects.
Mr. Burkards said the lighting will be high
pressured sodium as is in the rest of the park. The
lighting standards will be the same as throughout
the business park as well.
Councilmember Duggan said he found a challenge
in the ordinance, which states that the light should
not flow over to another building, and can be up to
150 -ft. if the neighbor does not object. Council-
member Duggan said in this case, there will be
some light reflection even if it is reasonably
shielded, to where at least slightly flow beyond the
lot line. Councilmember Duggan said the Council
might want to use the language already in the
ordinance that says "per our ordinance).
Councilmember Duggan said the ordinance states
"not to disturb the use or enjoyment of properties
within 150 feet of the property under
consideration ", and in this case, this would not
apply but may be a concern with other cases that
come up. Councilmember Duggan said if this is
similar to what United Properties has done in the
past, there should be no concern.
Mr. Burkards said the retail center will not be fast
food restaurant because of the drive -in. The usage
would be for a coffee shop, sandwich shop, and/or
dry cleaners — there would be only three or four
businesses. The total building is only about 5,500
sq. ft. The plans will be presented to the Council
prior to being constructed as there are no designs
done for this as there are no exact tenants.
Construction will not be started until the hotel is
September 2, 2008
Page 12
half way or all the way up. The drive -up facility
could be used for a Starbucks or Caribou.
Mr. Burkards said fast food is defined as taking
food to go. Councilmember Duggan said a "Jimmy
John's" can be taken to go and would be considered
to be fast food.
Councilmember Krebsbach said it is a big
difference on whether it is a McDonalds or a
Culvers. Mr. Burkards said it can't be a McDonalds
as it would not be big enough. Councilmember
Krebsbach said if this change is made, what would
there be to ensure that a McDonalds /Culvers type
restaurant would not be allowed. City Attorney
Tami Diehm said the code does not currently
differentiate between a drive thru, and a separate
section of the code would need to be placed to
address the Caribou type drive thru.
Councilmember Krebsbach said she would like for
the Council to do that as it would make a big
difference. Mr. Burkards said the entire building
will not be a drive thru fast food restaurant as that is
not their purpose. Mr. Burkards said the tenants
wish to have some sort of drop off for dry cleaning
and perhaps a small insurance agency. The largest
tenant would most likely be 1,500 sq. ft. that would
accommodate a Subway and perhaps a small coffee
shop.
Councilmember Krebsbach said the applicant is
asking the Council to re -do the zoning ordinance,
and she wants to protect the city on this.
Councilmember Krebsbach said she once the
Council has made these changes as proposed, then
the Council has allowed fast food drive -ins.
Mayor Huber said, as an example, Fischerville
could be considered fast food as people drive up
and go in to get food to go.
Councilmember Duggan said he would be
comfortable with a restaurant with a drive thru
capability, and it would be a restaurant that does not
include fast food.
September 2, 2008
Page 13
Ms. Diehm said there needs to be some clarification
from Staff as certainly a Subway restaurant would
be considered fast food under the current zoning
ordinance. Ms. Diehm said Staff would be creating
a new definition of coffee shop and allowing that to
have a drive thru facility, and this would limit it to
that particular use.
Mayor Huber said he is not positive how the
ordinance would create a restaurant use where
people would drive up to a window and get their
food to go and not walk in.
Councilmember Vitelli asked what the required size
is for a typical fast food restaurant such as a
McDonalds. Mr. Burkards said it would be
probably around 6,000 sq. ft. on average. Mr.
Burkards said his proposed facility would only be a
total of 5,000 and 5,400. Mr. Burkards said the
whole building is not going to be a fast -food; that is
not their intent.
Councilmember Vitelli asked Councilmember
Krebsbach what she is trying to make sure the
Council avoids. Councilmember Krebsbach said
she has nothing against McDonalds, but she
believes that collectively the view has been this end
of the city needs to remain fairly sedate.
Councilmember Vitelli said he believes things will
get all tangled up if the Council is trying to define
the difference between a Subway and a Hardees,
and suggested that the Council consider saying that
this building must be occupied by at least two
tenants. That would prohibit any fast food
restaurant such as that.
Councilmember Duggan suggested that Item #3 be
deleted entirely, and simply have this as part of the
conditional use permit for their application.
Councilmember Krebsbach said she would like to
see that definition 12.1c.3 deleted.
Mayor Huber said it sounds like there needs to be
some work on the words. Ms. Diehm said if the
Council keeps in mind that the zoning amendment
September 2, 2008
Page 14
creates the framework under which the Council then
evaluates a single application, and the zoning
amendment needs to be broad enough to encompass
anything that might come before the Council, and
then in the conditional use permit application, the
Council can place further restrictions on it. Ms.
Diehm said if the Council hopes to leave open the
possibility of a Subway it is important that the
language on #3 is left in there. Ms. Diehm said to
Councilmember Vitelli's suggestion, the Council
could add additional language that says any retail
building must contain a minimum of two tenants.
Mr. Sedlacek said restaurant use is a conditional use
in the industrial zone and business for a particular
type of restaurant where food is ordered over the
counter is considered fast food. Although the
restaurant is a conditional use, the fast food is not.
Mayor Huber said it would seem that Item #3 would
then need to be left in and there would need to be
conditions to the tenant as proposed by
Councilmember Vitelli.
Councilmember Krebsbach asked about the
restaurants that are combined, such as Arby's and
Sbarros. Ms. Diehm said that would be considered
one tenant as both have a common ownership.
Mr. Burkards said the materials used in this project
are a result of his involvement and the service
center will be of the same kind of materials as the
hotel.
Mr. Nate Gundrum, Director of Development for
The North Central Group, said at the June City
Council meeting, he had the opportunity to
introduce the Council to The North Central Group
and walked through a preliminary development plan
for this site. Mr. Gundrum said he also talked about
the Homewood Suites hotel that they are proposing,
and said he appreciated the Council's feedback at
that meeting. Mr. Gundrum said they have been
working with Staff and United Properties to pull
together a conditional use petiiiit application and
September 2, 2008
Page 15
the request for the zoning ordinance text
amendment.
Mr. Gundrum said he believes that since then, they
have pulled together a plan that will not only meet
the expectations of The North Central Group, but
also that of United Properties and hopefully the City
of Mendota Heights. Mr. Gundrum thanked Mr.
Sedlacek and Mr. Grittman for all their work on
this.
Mr. Gundrum shared information from an article
that came out a few weeks ago in the US Today,
which a JD Power and Associates satisfaction
survey shows the Homewood Suites hotel ranking
#1 in the extended stay hotel market.
Mr. Gary Brink, Brink Architects & Associates,
reviewed the site plan and materials. Mr. Brink
showed how the parking lot would be laid out,
giving room for trucks and emergency equipment.
Mr. Brink said there will no access on Pilot Knob
Road.
Mr. Brink highlighted the inside courtyard of the
hotel, that includes a basketball court and patio
areas that can be used for meeting space, breakfast
area and gas grill for residents that like to cook
outside.
Mayor Huber asked how many units will be in the
hotel. Mr. Brink said 120 unit.
Councilmember Krebsbach asked if this will be a
concrete constructed building. Mr. Brink said this
will be a four story wood frame. Mayor Huber
asked if this complies with the fire code. Mr.
Danielson said it does. Mr. Brink said the building
will be sprinkled for NFPA 13 and the structure will
be one -hour fire rated as well.
Mr. Brink indicated a gas main easement that runs
along the south property line and said the trash
enclosures will need to be located internally inside
the lot; there being two of them for retail and hotel.
These 8 -ft high enclosures will also be made of the
September 2, 2008
Page 16
same materials with solid metal gates to visually
hide the containers from the guest views. Mr. Brink
said there will not be a roof on the top as this makes
it difficult for trash collection. Mayor Huber asked
if cars will be able to park along this south edge of
the parking lot. Mr. Brink said cars are allowed to
be parked there; there just can't be structures over
the gas lines.
Councilmember Duggan asked about screening of
the trash enclosure. Mr. Burkards said the only
screening will be on the I -494 side.
Councilmember Krebsbach asked if the site will be
graded and will there be any trees saved. Mr.
Burkards said the site will be graded and the trees
that are there are scrub trees that will be removed.
Councilmember Duggan suggested screening that
be placed along the back of the enclosure toward
the hotel side with some fairly tall trees; screening
more on the east side and west side with screening
that will fill in.
Mr. Brink said the monument signs are to be
internally lit, with overall dimensions of 6' x 10'.
The sign will also be two - sided. Mr. Danielson said
the ordinance allows 100 sq. ft. per side.
Councilmember Krebsbach asked if the fire
protection for this plan adheres to at or above the
code. Mr. Danielson said this will have to meet the
fire code or exceed, and assumes the applicant has
done so. Mr. Brink said this plan will be rated code
is 13 and is the most restricted as it provides the
most protection. Councilmember Schneeman said
she is sure that Hilton requires the footprint for their
hotels. Mr. Brink said they have a standard set that
must be met that may or exceed the local
requirements.
Mayor Huber asked Mr. Danielson for clarification
that the city adopted the most restrictive codes. Mr.
Danielson said that was correct, and the other hotels
in that area are also wood framed.
September 2, 2008
Page 17
Councilmember Krebsbach said it was her
understanding that 3 stories can be wood frame, but
4 stories must be concrete. Mr. Danielson said he
will check into that. Mr. Brink asked Mr. Danielson
if their code was IBC2006. Mr. Danielson said that
he believes it is but will check. Mr. Brink said the
IBC (International Building Code) allows for 4
story construction. If it is a fully sprinkled 3 -story
building, then one additional story can be built.
Other factors that can allow for addition square
footage such as this is the frontage of the property.
Councilmember Duggan asked about the restrooms
in the plans and said he would like to see more
restroom space by the pool instead of the one unisex
bathroom. Mr. Brink said that particular bathroom
is for the exercise room and the swimming pool.
Mr. Brink showed where the public restrooms are
located, and are used by the guests using the
breakfast room area. Councilmember Duggan
suggested putting in a third stall for the ladies room
and another stall in the unisex bathroom.
Councilmember Duggan said for the number of
employees and number of guests on that floor, is
that enough restroom facility. Mr. Brink indicated
another unisex restroom for employees by the
laundry room. Councilmember Krebsbach said
these facilities seem to meet the codes.
Councilmember Vitelli said he would not ask the
Hilton chain to check out toilet facilities as he is
sure they are very experienced in designing and
would not think of questioning their layout.
Councilmember Krebsbach said the Council's
concern should only be that they are meeting code
on this item. Councilmember Vitelli said he
believes this plan looks excellent.
Councilmember Vitelli asked what the average size
room is. Mr. Brink said about 420 sq. ft. for studio,
which is a single room, one bedrooms are about 450
sq. ft.
September 2, 2008
Page 18
Mayor Huber asked what the normal stay is. Mr.
Gundrum said about 5 to 7 days.
Councilmember Duggan asked where the
employees will park and what the average number
of employees per shift is. Mr. Gundrum said there
will be a cross access easement agreement with
United Properties that will share cross access and
cross parking and indicated on the map where the
employees will park.
Councilmember Krebsbach asked if The North
Central Group has had properties that have run their
normal course for useful life as a hotel. Mr.
Gundrum said typically in the franchise business,
they will submit a franchise application to Hilton
for whatever brand they want to build, and the term
of the license is twenty years. At the end of that
twenty years, the hotel undergoes a significant
renovation to extend for ten additional years.
Councilmember Krebsbach asked what happens
after thirty years. Mr. Gundrum said typically after
that point in time, the hotel is sold to another hotel
brand, and in this case the rooms are large enough
to be turned into corporate apartments.
Councilmember Krebsbach asked where The North
Central Group is based out of. Mr. Gundrum said
Madison, Wisconsin.
Councilmember Krebsbach asked where some of
their other properties are. Mr. Gundrum said they
have properties predominantly in the Midwest
(Minneapolis, Eagan, Milwaukee, Madison), and
some in the Phoenix, Arizona area.
Councilmember Duggan asked for clarification on
the map of the sidewalk and pathway areas. Mr.
Brink indicated those paths on the map.
Councilmember Duggan said he believes city code
does not allow cooking facilities in hotel rooms,
which was the purpose of looking at the sidewalks,
to allow guests to walk to a restaurant, and asked
Staff check into the code language on this.
September 2, 2008
Page 19
Mr. Danielson said the applicant would have to
meet the ordinance, and it sounds like the cooking
area is not in the bedroom but a kitchen area.
Councilmember Duggan said he would like
clarification on this.
Mayor Huber asked for more discussion to Item #7
and asked if the applicant wishes to change to 60 %.
Mr. Sedlacek said the applicant is agreeable to
change to 60 %.
Mayor Huber asked about Item #8 and asked to
have the specific height defined. Councilmember
Duggan said the ordinance calls for 25 -ft for the
pylon height sign with an average grade level. Mr.
Sedlacek said that would be for the front end of the
building and the applicant's issue is that this area
drops off in relation to the Marriott Courtyard next
door. Mr. Gundrum said the adjacent hotel facilities
have pylon signs that are approximately 35 -ft. tall,
and the reason they asked for the language change
is so their sign is comparable to the adjacent signs.
Mayor Huber said the Council does not have a
problem with that. Mr. Gundrum said the elevation
of I -494 is relatively consistent across the three
hotel sites, except the topography on their site
changes drastically. Mr. Gundrum said they have
used the balloon strategy in past projects to
determine the height, and has not as yet done this
study for this project.
Mayor Huber said the ordinance needs to state the
height in the language, and that the wording cannot
reflect the name "Courtyard by Marriott" as it may
not apply to other future applications. Mayor Huber
said Staff can determine how to craft the
appropriate language in this.
Mayor Huber said the words need to be changed to
address the pylon sign and the monument signs, the
parking space measurements, and the cooking
issues.
Ms. Diehm said it is Staffs recommendation that
Item #3 is left as is, and adding an addition item
(i.e., #20) to say any retail building must include a
September 2, 2008
Page 20
minimum of two tenants. Councilmember
Krebsbach asked if this is specific only to this site.
Ms. Diehm said this creates a conditional use in the
code, but as Mr. Sedlacek introduced this, it
contains very specific restraints. It may only occur
within "X" number of feet from an interstate.
Councilmember Krebsbach asked Ms. Diehm if she
feels that there is somewhere else down the road
where the Council would not be safe with using this
language. Mayor Huber suggesting the language
requires having two tenants, one not being a food
service use. Ms. Diehm said that would be fine, and
the Council also has the right when approving the
conditional use permit to place additional conditions
on that particular application. If another application
came before the Council, and it is unlikely that it
would because of the constraints on location, the
Council could add conditions to that application.
Councilmember Krebsbach said she believes that is
difficult to do.
Councilmember Duggan said the code reads under
19.2(12) "restaurants, but not drive in or fast food
types ". Ms. Diehm said this would be creating a
new conditional use permit in section 12.1.
Councilmember Duggan asked if they would have
to change the existing. Ms. Diehm said she will
look into this. Councilmember Duggan said he
does not believe the Council needs to rush into this
tonight, and supports what the applicant is trying to
do, but needs to get this language right.
Councilmember Duggan said he is concerned that
this language, even though it's restricted to those
area close to freeway intersections or off ramp /on
ramps, he would not want this interpreted by
somebody else down the line.
Councilmember Krebsbach asked if a public
hearing is needed. Ms. Diehm said the public
hearing was held at the Planning Commission, and
therefore not needed today. Ms. Diehm said it is
also important to remember that the Council is not
placing conditions on this particular application in
September 2, 2008
Page 21
this motion. In this motion, the Council would be
drafting language for the zoning ordinance, and
these are the parameters that will apply to any
application which comes in for a retail sales and
service complex in the industrial area.
Councilmember Duggan asked about Item #1 and
asked if it should read "to be less" or "may be less ".
Councilmember Duggan said the "should be less" is
more strictly enforceable than "may be less ", which
is the way most of the ordinances are crafted.
Councilmember Duggan asked Ms. Diehm to look
at this and come back with her recommendation.
Mr. Sedlacek said Staff went that direction feeling
that Council would want this to be more restrictive
than more permissive.
Councilmember Duggan asked about Item #5 and
asked for clarification on the cross parking and
access, and asked if this was shared parking and
shared access. Mr. Burkards said they have a
document that has been drafted and will be recorded
against this property which will permit cross access
to the parking as well as cross access to the
driveway. This is the exact wordage their attorneys
have used, and this is permissible.
Mayor Huber said, as to emphasize the importance
of Councilmember Duggan's concerns, this goes
beyond fine tuning the resolution, this is the law
that will be on the books which is a little different
than drafting a resolution that nobody may ever
look at. Mayor Huber said Councilmember Duggan
is trying to get the wording right and he agrees that
something in front of the word access is needed.
Mr. Burkards asked if this is needed as part of the
ordinance requirement as it is strictly a restriction
that United Properties on the site. Mayor Huber
said this is the city's law and they need to read in a
sensible manner whether or not it pertains to this
particular project. Mr. Burkards said they will
agree to reword this as "cross access and cross
parking shall be permitted ".
Ms. Diehm said without that language, each
particular lot would be required to have its own
September 2, 2008
Page 22
access. Ms. Diehm said the Council seems to be
saying that by adding this provision they are giving
them the right to deviate from the regular ordinance
provision. Although this is site specific, it is
important to include in the ordinance.
Councilmember Krebsbach said since legal counsel
received this today, she thinks this should be held
over to another time to allow Staff to redraft the
language so the Council knows exactly what it is
agreeing to.
Mayor Huber said he believes that Staff needs to
make sure they understand the comments made by
the Council.
Councilmember Vitelli asked if this will be a
problem if it is delayed as this project is so close,
and he would hate to see the applicant make another
trip. Councilmember Vitelli said he is not OK
with tabling this and feels this could be moved upon
with the changes as outlined.
Councilmember Vitelli said he would be in favor of
the Council communicating with the applicant
without the applicant having to attend the next
meeting.
Councilmember Duggan asked if once the language
is accepted and approved, does it have to be
published in the newspaper. Ms. Diehm said she
does believe public notification is required.
Councilmember Duggan said if there is no
clarification tonight on the food cooking, nothing
else should be approved. Councilmember
Krebsbach said if somebody is doing business in
Madison, that is part of doing business, and does
not think the Council should rush something.
Mayor Huber said Staff is going to take these
comments and determine how to change these
points 1 thru 19, and does not think the majority of
the Council is willing to pass this tonight. Mayor
Huber said he believes that Staff will engage into
conversations with the applicant through this
September 2, 2008
Page 23
process to make sure the works fit the ordinance
appropriately.
Mr. Danielson reviewed the proposed text
amendment with the following changes:
1. The Complex be comprised of more than one
building. Lot area for the retail site to be less than
one acre (keep the "to" in)
2. The retail uses are listed as permitted or
conditional uses in the B -2 Zoning District (stay
as is)
3. Drive -in and Fast Food Restaurants may be
included as allowed in Section 12 -1J -3 (needs to
keep this in and Staff will think of some
wording that will prevent a McDonalds type fast
food)
4. The site of the proposed use is located adjacent
to an Interstate Highway, and is within 300 feet
of an interchange entrance or exit ramp with
such Highway (stay as is)
5. Cross parking and access shall be pettnitted
(change to say "cross parking and cross access
shall be permitted ")
6. Hotels and Motels in the Complex may be a
maximum of four stories, or 50 feet in height,
notwithstanding the height requirements of the I
District (stay as is)
7. The Floor Area Ratio of the Complex may be a
maximum of 65 %, notwithstanding the FAR
requirements of the I District (changing to 60 %)
8. Pylon sign along I -494 to be approximately the
same height as the adjacent Courtyard by
Marriott hotel, relative to the I -494 elevation
(removing "approximately the same height as
the adjacent Courtyard by Marriott hotel" and
come up with some alternative language that
will be acceptable to the Council , Staff and
applicant.)
9. Exterior finishes shall be consistent with
Conditional Use Permit application (stay as is)
10. Buildings may be set back 35 feet from a front
property line or side property line abutting a
street, on the hotel lot (stay as is)
11. Building may be set back 40 feet from the rear
property line or interior side property line not
September 2, 2008
Page 24
abutting a street, on the retail building lot (stay
as is)
12. Parking spaces may be reduced to eight (8) feet
in width and eighteen (18) feet in length
(removing "eight (8) feet in width" for the stall
size)
13. Parking spaces may be set back 10 feet from a
front property line or side property line abutting
a street (stay as is)
14. The required number of parking spaces for both
buildings may be reduced by five (5) parking
stalls (stay as is)
15. At least twenty five percent (25 %) of the land
area shall be landscaped with grass, approved
ground cover, shrubbery and trees. All lots
within the proposed hotel and retail sales
development may be calculated together to meet
the 25% requirement (stay as is)
16. Freestanding or pylon signs may be located 35
feet from a front property line or side yard
abutting a street. This shall apply to those
property lines adjacent to Interstate Highways.
Freestanding or pylon signs may be 10 feet from
interior side property lines (stay as is)
17. Up to three freestanding or pylon signs may be
allowed on one lot within the hotel and retail
sales complex. All other lots within the
complex shall comply with the requirement of
one freestanding or pylon sign (changing to "
to three freestanding signs; one pylon and two
monument signs' may be allowed on one
site..."
18. Freestanding or pylon signs may be located ten
(10) feet from a front property line or side yard
abutting a public street. This shall apply only to
those property lines adjacent to streets that are
not Interstate Highways (stay as is)
19. All other standards of the "I" Industrial District
and other applicable zoning standards shall
apply (stay as is)
Mr. Danielson said there may be an Item 20 to
address the retail building having to have more than
2 tenants.
September 2, 2008
Page 25
Councilmember Duggan said in relation to Steve
Grittman's report (pages 5 and 6), there is some
wording about diminutive variances that may be
needed and would go forward with adopting this
amendment. Councilmember Duggan asked if this
needs to be included or does this happen with the
application is back for review.
Ms. Diehm said the new section creates a separate
conditional use peluiit framework that allows the
applicant to move forward with what they have
proposed without seeking variances and their
request would not include any variances.
Ms. Diehm confirmed that the amendment will be
published and effective upon publication.
Mayor Huber said this discussion has been about
the text amendment, but there is also the matter of
the conditional use permit and preliminary site and
building plans.
Ms. Diehm said these can be discussed but the
Council cannot act upon it under the text
amendment has been approved.
Mayor Huber asked for any discussion on these
matters.
Councilmember Duggan said Item #7 is not needed
because it is already included in the existing
ordinance.
Councilmember Duggan asked if it is known that
the property description is as presented is for the
whole site. Mr. Burkards said that was correct. Mr.
Sedlacek said this is the correct legal description.
Mr. Burkards said there is only one now, but there
will be two later.
Councilmember Vitelli and Councilmember
Schneeman both said they think this is a great
project. Councilmember Vitelli asked Staff to make
certain they address closely the pylon sign height
issue. Councilmember Duggan said if a variance is
needed, a hardship would be identified as the
Ayes: 5
Nays: 0
BUILDING PERMIT RENEWAL
September 2, 2008
Page 26
contour of the land. Councilmember Duggan said
he would be comfortable with the applicant coming
straight back to the Council without going to the
Planning Commission. Ms. Diehm said the Council
needs to be careful because if the applicant is asked
to apply for a variance it would have to go through
the Planning Commission but Staff could come up
with some other alternatives, maybe putting a height
restriction in using the string test that is used for
setbacks.
Councilmember Schneeman moved to table this
case until the next City Council meeting.
Councilmember Krebsbach seconded the motion.
Mr. Sedlacek apologized for not having this
information in the Council packets. Mr. Sedlacek
said a building permit was issued on April 11, 2007
to Mr. Douglas Holman, for the property located at
694 Wentworth Avenue, for the construction of a
new home on that property.
Mr. Sedlacek said construction has since stopped as
Mr. Sedlacek recently sent a letter and documents to
Mr. Holman that his building permit had expired on
April 11, 2008. The code allows for this to be
reinstated if Council chooses to do so and upon
written request.
Mr. Holman has requested permission to have the
building permit reinstated or extended. Mr.
Sedlacek said Code Enforcement Officer Paul Berg
has submitted the following conditions that need to
be met should the Council agree to reinstate or
extend this peirnit:
1) Apply for a new building peiiuit with a
suggested fee to be charged to cover additional
Staff time /involvement in administering this
expired permit at one half of the original permit
fee which would be $1,056.88.
2) Supply Staff with a current list of subcontractors
who will be involved with the recommencing of
construction so Staff can confirm required city
and or state licensing.
September 2, 2008
Page 27
3) Respond with a written commitment from Mr.
Holman insuring that completion of the project
with the issuance of a Certificate of Occupancy
being completed by a date set by City Council.
4) Submit report from structural engineer as to the
repair of the damaged foundation wall to Staff
as Staff must inspect repair to insure structural
code compliance.
Councilmember Duggan said he would request that
Item #4 be completed first and then brought back to
the Council or to Staff Councilmember Duggan
said this is something that is manageable, and if the
applicant does not have some financial back-
breaking reconstruction to do, the city will need to
know that this building is structurally sound. Mr.
Sedlacek said Items 2, 3 and 4 would have to be
done before a new building permit could be issued.
Councilmember Duggan said he is sure the
neighbors are not happy that this project has been
sitting there unfinished for a long time in its current
state, but if there is damage, certainly the potential
occupant wants to know and get that repaired.
Councilmember Duggan said it needs to be clarified
that there is damage, and what is the cost of all that
damage, and is that something they are able to
pursue.
Councilmember Krebsbach said that is not the
Council's business.
Councilmember Duggan said the Council should
know that the structural engineer has submitted a
report telling them that it is sound and the that
applicant can go ahead and build it, or if it was not
sound.
Councilmember Vitelli said he believes this cannot
be extended because it expired, but rather will need
to be renewed. Mr. Sedlacek said according to
code, the permit needs can be extended if done
before the original contract expires. Council -
member Vitelli said this is then a renewal because
the old one expired.
September 2, 2008
Page 28
Councilmember Schneeman said Mr. Holman
provided a letter that states the structure issue has
been addressed and he wants to proceed, and asked
Mr. Holman what has been done and how he will
fix this.
Douglas Holman, 694 Wentworth Avenue, said he
has engineer orders to address the structural issues
on the property. Mr. Holman said there was more
than just a wall that caved in, as there was some
heaving over the winter.
Mr. Holman said the structural engineer has orders
for what needs to be done, and the block guys are
actually waiting on this meeting on the approval to
go ahead and proceed to fix this.
Mr. Holman said the part of the wall caving in was
wet this spring and when driving next to it, the
ground pushed in. The structural engineer will
verify that the wall was not constructed correctly.
Councilmember Schneeman said the neighbors have
been calling her because this project has been very
dangerous as it sits there the way it has.
Councilmember Schneeman asked the applicant if
he is prepared financially to go forward with this
once the permit has been issued. Mr. Holman said
he does.
Councilmember Duggan asked the applicant if he
would be able to tear the whole thing down if the
structural engineer tells the applicant that this needs
to be done. Mr. Holman said he would.
Councilmember Duggan asked if the engineer
report has been submitted to Staff. Mr. Holman
said he has not done that yet, but will do so as soon
as it is available from his certified engineer.
Councilmember Vitelli said for him to support this
new building permit, he would like to be convinced
that the applicant has the financial resources to
build this house as the Council wants to see it built.
Councilmember Vitelli asked if the applicant if
there are any liens on the property as of now. Mr.
September 2, 2008
Page 29
Holman said he does not. Councilmember Vitelli
said the word on the street, based on neighbors and
calls to City Hall, is that the applicant has not paid
the excavator, the carpenter, and the mason
subcontractor. Mr. Holman said the mason has not
been paid because he needs to fix the issues that
caused this problem.
Councilmember Duggan said that is a private
matter, although it pertains to the city in order to get
the permit issued to continue the project.
Councilmember Vitelli asked why this was not done
in the year timeframe, and why should the Council
grant the permit again. Mr. Holman said he has a
lot of money tied up in this project and wants to
finish it.
Councilmember Vitelli said there are seven bags on
the property and asked if there were asbestos from
the ceiling tiles in the bags. Mr. Holman said there
were not, and there was not asbestos in the house.
Councilmember Vitelli asked why this has taken so
long. Mr. Holman said those bags were supposed to
go in the dumpster a long time ago, and now
because the way the site it, it's hard to get to them.
Councilmember Schneeman asked what is in the
bags. Mr. Holman said they were floor tiles, ceiling
tiles, and things from the house that he had tested.
Councilmember Schneeman said she has seen the
applicant out in the yard with his truck and believes
he could carry some of that stuff out.
Mayor Huber asked Staff what the Council's ability
is to check to see what is in those bags. Mr.
Danielson said it sounded like the applicant has had
the contents tested for asbestos, and Staff would
like to see a copy of those tests. Mayor Huber said
it is time the city research what their ability is to
see what is on the property.
Councilmember Vitelli said the neighbor complains
that the temporary silt fence is 7 feet on their
property. Mr. Holman said he believes that is false
September 2, 2008
Page 30
as prior to building the house, he had surveyors
place the fence according to what the survey
showed. Councilmember Vitelli said there is a
setback on the silt fence and according to the
neighbor, the surveyor has confirmed that this fence
is currently 7 feet on their property. Mr. Holman
said he was not aware of that.
Councilmember Duggan asked who put the silt
fence up. Mr. Holman said it was the excavator.
Councilmember Duggan said he believes this
should be delayed until all the property submittals
have been presented to the city (i.e., what is in the
bags, a resubmittal of the survey that was done
properly and officially, somebody from Staff that
has checked that the silt fence was indeed on the
neighbor's property). Mr. Holman said he is more
than happy to remove the fence. Councilmember
Duggan suggested that the applicant bring a copy of
the survey to the city if not already done, and let
Staff take a look at the property so that the applicant
and the neighbor can work more happily together
because Staff has helped to verify where that fence
should be.
Councilmember Duggan said infatuation should
also be submitted as to what is in those bags,
hopefully from a certified agency stating it is not
asbestos, and then the method of removing them
especially if they are suspect.
Councilmember Duggan said reports from the
structural engineer must be submitted stating what
needs to be done to rectify the foundation of the
building. How the applicant pursues his issues
with the mason is no business of the city.
Mayor Huber said it may be possible to add
conditions #5 and #6 so that these items get taken
care of before #1 happens, phrasing it such as "that
no silt fence or other impacts of construction are
impacting adjoining neighbors and if so, that
condition is corrected before the building permit is
issued ".
September 2, 2008
Page 31
Mayor Huber said these bags should be removed
before the permit is issued as well.
Ms. Diehm said it sounds as though the applicant is
allowing the city to come onto the property and take
a look at those bags, and maybe the city should just
have the applicant agree to that here and then it can
be arranged to have Staff go out to the property and
take a look. Mayor Huber asked Mr. Holman if he
were agreeable to that. Mr. Holman said he was.
Councilmember Duggan said there has been some
sheeting material there for some time exposed to the
elements, and asked if these materials will be used
as they have been sitting unprotected for several
months. Mr. Holman said there are some sheets
that will not be usable, but he will be able to use
most of them.
Councilmember Vitelli said he can go either way,
but with all that has to be done with the Staff, he
does not understand why the applicant is only
getting charged one half of the fee for a new
building penuit.
Councilmember Duggan said he would support half
if Staff feels this is reasonable so that the applicant
can finish what he is trying to do properly and as
soon as possible.
Mr. Ron Berfelz, 688 W. Wentworth Avenue, said
he is the applicant's neighbor. Mr. Berfelz said he
has talked to Mr. Holman and is pretty sure there
are asbestos floor tiles in those bags. Mr. Berfelz
said Mr. Holman said he has had his property
surveyed and the monument pins that Mr. Holman
was basing his silt fence on was the old marks. Mr.
Berfelz said when there are two old farms coming
together, sometimes there is a difference in where
the monument pins are. Mr. Berfelz said he has
found out that the new monument pins were exactly
61/2 feet from where the old monument pins were
(not 7 feet as he originally claimed). Mr. Berfelz
said what Mr. Holman thought was the correct spot
was the old monument pins, and will give Mr.
Holman the benefit of the doubt and asked to have
that fence moved to the correct spot. Mr. Berfelz
September 2, 2008
Page 32
said he now has the property marked correctly for
Mr. Holman.
Councilmember Duggan asked when the original
house was built. Mr. Berfelz said it was built in the
1940's and still knows the lady that lives there.
Matt Steiner, 702 Wentworth, is the neighbor on the
other side, and has the concern about if there is
some type of legal issues about the foundation and
Mr. Holman, this may end up in court for a long
time, and what happens to the process as far as
renewing the permit. Mayor Huber said he is
concerned about is that if this process drags on,
visually this is very frustrating and becomes a
nuisance. Mayor Huber said he believes that there
needs to be some sort of temporary fence around
this area so kids do not get hurt.
Mayor Huber asked what date does the Council
want to kick this out to. Mayor Huber asked Mr.
Holman if he would be able to complete the process
by April 17, 2009. Mr. Holman said he would.
Councilmember Duggan suggested that the Council,
considering winter is coming, be reasonable in
allowing three or four more months to get this done.
Councilmember Vitelli said the applicant is not
even asking for this and if he said he can get it done
by April 17, 2009 then he does not want to discuss
other dates.
Mr. Steiner said he would like to see a barrier
between his property and this property because this
whole is about 12 feet deep. Mayor Huber said he
would like to see some type of fencing put on the
applicant's property to keep people out.
Councilmember Schneeman asked code
enforcement and was told they do not require this.
Councilmember Schneeman said she feels this is
absolutely necessary.
Ms. Diehm said the Council can ask the applicant if
he would voluntary put some type of fencing up.
Ayes: 5
Nays: 0
COUNCIL COMMENTS
ADJOURN
Ayes: 5
Nays: 0
ATTEST:
John J. Hu
Mayor
September 2, 2008
Page 33
Mayor Huber asked the applicant is he would be
willing. Mr. Holman said he would be.
Councilmember Schneeman moved to approve the
renewal of the building permit for 695 Wentworth
Avenue as proposed with the conditions as outlined.
Councilmember Vitelli seconded the motion.
Councilmember Schneeman said it was the first day
of school today, and is sure there has been a lot of
talking at the dinner tables this evening and wished
all students good luck.
Mayor Huber said he was at Tommy Chicago's
Pizzeria and it was terrific. Mayor Huber said he is
now waiting upon Theresa's opening as well.
Councilmember Krebsbach said the kids are
growing up in her neighborhood and it's good to see
everyone back in school again.
Councilmember Duggan said TK's in Lilydale is
doing the collector car show again this weekend.
There being no further business to come before the
Council, Councilmember Schneeman moved to
adjourn the meeting to the closed session to discuss
Public Works Labor Negotiations.
Councilmember Duggan seconded the motion.
Time of Adjournment 9:30 p.m.
f///
ea('
Rebecca Shaffer
Recording Secretary