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2003-08-19 City Council minutesPage No. 1 August 19, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 19, 2003 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Mayor Huber, Councihnembers Duggan, Krebsbach, and Vitelli. Councilmember Schneeman had notified Council that she would be absent. PLEDGE OF ALLEGIANCE The City Council, audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the amended minutes of the regular meeting held on August 5, 2003. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 6e, audit RFP, 6g, fire mutual aid, 6j. skate part equipment, 6k., public safety communications, 6q, Fink preliminary plat, 6s,. St. Peter's Church anniversary, and 6v, Nater Estates final plat, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the August 12, 2003 Parks and Recreation Commission meeting. b. Acknowledgment of the Building Activity Report for June. Page No. 2 August 19, 2003 c. Acknowledgment of the June 4, 2003 NDC4 minutes and the August 6 NDC4 agenda. d. Acknowledgment of the Fire Department monthly reports for June and July. e. Acknowledgment of a memo regarding denied use of Mendakota Park outfields for flag football. f. Authorization for the issuance of a purchase order to Ancom. Communications for six pagers for the Fire Department for its low bid of $3,122.76. g. Approval of the 2002 Annual Report and General Purpose Financial Statement. h. Adoption of a Leave Donation Police for city employees, effective September 1, 2003. i. Authorization for the issuance of a purchase order to Landform to update the Town Center ALTA Survey for its quoted price of $4,960.00. j. Adoption of Resolution No. 03-62, "A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO NOTE." (St. Thomas Ice Arena.) k. Adoption of Resolution No. 03-63, "A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF HEALTH FACILITIES REVENUE BONDS GROUP HEALTH PLAN INC. PROJECT." 1. Adoption of Resolution No. 03-64, "A RESOLUTION APPROVING A SIDEYARD- SETBACK VARIANCE FOR A GARAGE ADDITION AT 850 CHERI LANE." in. Adoption of Resolution No. 03-65, "A RESOLUTION APPROVING A HEIGHT VARIANCE FOR A NEW HOME AT 680 HIDDEN CREEK TRAIL." n. Adoption of Resolution No. 03-66, "A RESOLUTION DENYING A LOT SPLIT AT 1316 VICTORY AVENUE," along with acknowledgement of a letter from Mr. & Mrs. Koppen requesting that the matter be tabled. Page No. 3 August 19, 200' ) o. Adoption of Resolution No. 03-67, "A RESOLUTION APPROVING AN INSTALLATION AND SERVICE AGREEMENT AND EASEMENT WITH COMCAST." p. Adoption of Resolution No. 03-68, "A RESOLUTION APPROVING A MINOR AMENDMENT TO A PLANNED UNIT DEVELOPMENT FOR A HOCKEY ARENA AT SAINT THOMAS ACADEMY." q. Adoption of Resolution No. 03-69, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR FREEWAY ROAD NEIGHBORHOOD STREET RECONSTRUCTION PROJECT AND SURROUNDING AREA IMPROVEMENTS (EVIPROVEMENT NO. 2002, PROJECT NO. 1)." r. Approval of the list of contractor licenses dated August 19, 2003. s. Approval of the List of Claims dated August 19, 2003 and . totaling $508,303.32. t. Approval for a pre-Council meeting workshop at 7:00 p.m. on September 2 to discuss risk management issues. u. Adoption of Resolution No. 03-70, "A RESOLUTION APPROVING A SPECIAL PERMIT TO TURNERS GYMNASTICS CENTER FOR A TEMPORARY SIGN." Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 AUDIT SERVICES Council acknowledged a memo from Finance Director Schabacker requesting authorization to solicit proposals for audit services. Councilmember Duggan noted the increases in costs for audit preparation over the past five years and commended for making the recommendation to solicit requests for proposals. Councilmember Duggan moved to authorize staff to solicit requests for proposals for audit services. Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 Page No. 4 August 19, 200' ) FIRE MUTUAL AID Council acknowledged a memo from Fire Chief Maczko regarding approval of an updated fire mutual aid agreement with other Dakota County fire departments and the MAC. Councihnember Duggan pointed out apparent inconsistencies in the second section four and section seven of the proposed agreement. After brief discussion, it was the consensus to table action on the proposed agreement to September 2 to allow for review by the City Attorney. SKATE PARK EQUIPMENT Council acknowledged a memo from Parks Project Manager Kullander regarding the Parks and Recreation Commission's recommendation to award a purchase order for skate park equipment to a different bidder because Custom Skatepark Concepts has not met the contract deadline and because staff has been informed that the company is no longer in business. Mr. Kullander informed Council that he brought the matter to the commission because the firm to whom the purchase order was issued did not respond in a timely fashion. The equipment was supposed to have been delivered and installed by July 1. The commission recommended withdrawing the purchase order and issuing a purchase order to TrueRide, Inc. TrueRide has indicated they would be interested in supplying the equipment but cannot deliver the equipment until early October. Councilmember Krebsbach asked whether it would be better to get the equipment in the spring. Mr. Kullander responded that staff has received contact from at least 60 people who are waiting for the park to open, and the city must decide whether to get the equipment now or wait for spring. Councihnember Krebsbach stated that school will start soon and young people will only have a couple of weeks of use of the park if it is not opened until October and the equipment would sit out in the elements over winter. She felt Council should hold off until spring. Mayor Huber stated that he thinks the city should get the equipment under city control but not install in until spring. Page No. August 19, 200' ) Councilmember Vitelli stated that he would prefer to place the purchase order in advance and have it delivered in the spring. Mr. Kullander stated that if the contract is let now for spring delivery, the city pays nothing until it is delivered but the prices are locked in. Mayor Huber stated that he wants to make sure the city gets the equipment under its control as soon as possible so that it can be delivered in the spring. Mr. Kullander responded that TrueRide stated that they would install the equipment during the first part of April. Councilmember Vitelli moved to authorize the issuance of a purchase order to TrueRide, Inc. for fabrication, delivery and installation of skate park components in Rogers Lake Park for an amount not to exceed $26,000 (to be fmanced by the Special Park Fund), with delivery and installation in the spring of 2004. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays:0 PUBLIC SAFETY Council acknowledged a memo from Administrator Lindberg COMMUNICATIONS regarding a proposed memorandum of agreement (MOA) to study public safety communications services in Dakota County. Mayor Huber stated that he wants to be sure that the city is protected with respect to any expenses. Attorney Schleck responded that the document indicates that the city can withdraw from the agreement with thirty days notice and the city would only be responsible for its share of the expenses that have been incurred to that time. Mayor Huber stated that staff needs to make sure that the city is represented at the meetings to that Council knows what decisions are being made. Councilmember Duggan moved to authorize the City Administrator to execute the Memorandum of Agreement to study public safety communication services in Dakota County. Councilmember Krebsbach seconded the motion. ( Ayes:4 Page No. 6 August 19, 200' ) Nays: 0 CASE NO. 03 -26, FINK Council acknowledged a memo from Assistant Hollister along with a proposed resolution of denial with respect to an application from Mr. Robert Fink for preliminary plat and variance to create an additional lot at 1850 Arvin Drive. Council also acknowledged a letter from Mr. Rollin Crawford, legal counsel for Mr. Fink and Ms. Zakaner. Mr. Crawford asked that the matter be continued for two weeks. The applicants were quite surprised by some of the objections raised at the last Council meeting. He has reviewed the documents and draft minutes and realizes there were several concerns raised, and he would like the opportunity to address those concerns to see if they can be resolved. He believes there is a way to satisfy Council's concerns over precedent and asked that the matter be continued so that he can meet with city staff to address the concerns raised by Council and the neighbors. Mayor Huber responded that a similar request was received for another item on this evening's agenda. He stated that Council actually took action at the last meeting on both cases and is formalizing those actions this evening. The other applicant was told that the resolution of denial would be adopted this evening. He C stated that Council went through the denial process for this case two weeks ago. Attorney Schleck agreed, stating that adoption of the resolution of denial is nothing more than documentation of the formal decision that already took place. Official fmdings were put together two weeks ago. He stated that it is the city's desire to treat every applicant fairly and one of the ways to do that is consistency in performance by the Council, and part of that is treating applicants in a similar situation the same way. It would be difficult for Council to suspend the action tonight because the action has already taken place. Councilmember Krebsbach stated that the decision was made last meeting and the reason the item was placed on the agenda this evening is to make sure that all the paper work is in order. Councilmember Duggan stated that there is a 180 period that the applicant needs to wait until reapplying, but in the meantime, they can pursue researching the details they wish to research. Page No. 7 August 19, 2003 Attorney Schleck stated that in the past, Council has, where Council deemed it warranted, waived the waiting period. He further stated that nothing would prevent the applicant from working with city staff, and staff can let Council know if they think the applicant has a viable plan. Councilmember Krebsbach moved adoption of Resolution No. 03- 71, "A RESOLUTION DENYING A PRELIMINARY PLAT AND VARIANCE TO CREATE ONE ADDITIONAL LOT AT 1850 ARVIN DRIVE." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 ST. PETER'S CHURCH Council acknowledged a memo and proposed resolution from Administrator Lindberg regarding the 150th anniversary of St. Peter's Church, which will be celebrated September 19 through September 21. Councilmembers Duggan and Krebsbach read the resolution for the audience. Councilmember Duggan moved adoption of Resolution No. 03-72, "RESOLUTION COMMENDING ST. PETER'S CATHOLIC CHURCH ON THEIR 150TH ANNIVERSARY." Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 NATER ESTATES Council acknowledged a memo from Public Works Director Danielson regarding final plat approval for the Nater Estates. Councilmember Duggan asked whether the city has addressed the issues raised by the county plat commission. Public Works Director Danielson responded that the,only gray area he can see is the county discussion on whether the Lexington Avenue right-of-way should be 50 or 55 feet. All the rest of the right-of-way is 50 feet. Councilmember Duggan questioned whether a larger buffer area would help since the city is proposing to build a trail along the lot at some time in the future. He noted that the trail segment between Wagon Wheel and T.H. 110 has been put on hold. Page No. 8 August 19, 2003 Councilmember Duggan moved adoption of Resolution No. 03 -73, "A RESOLUTION APPROVING A FINAL PLAT FOR NATER ESTATES." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. Bob Marshall, from Realty Executive Results, stated that he was present two weeks ago on behalf of the Mel Koppen lot split request. On behalf of Mr. Koppen, he asked that the 180 -day waiting period be waived and in addition, that Council also waive the reapplication fee. Mr. Koppen is working with city staff and surveyors to clear up the issues raised at the last meeting. Mayor Huber recommended that Mr. Koppen continue working on the project until he has answers to all of the questions that were raised last meeting and if staff thinks everything is prepared they could make a recommendation to Council. If they concur that Council waive the waiting period and application process, staff can send the request to Council for consideration and action when it is appropriate. MISCELLANEOUS Four members of Scout Troop 264, Josh Bernick, Danny Bernick, Sam Shemp and Cole Jessup were present for the meeting. Each of the scouts introduced himself and gave a brief presentation. HEARING — YORKTON Mayor Huber opened the meeting for the purpose of a public hearing EASEMENT VACATION on the proposed vacation of a drainage and utility easement on Lots 4 and 5 of Yorkton Centre Pointe South. Councilmember Krebsbach asked if this affects the parcel adjacent to it and if it is the parcel for which the city received and denied an application for conditional use permit for a hotel.. Public Works Director Daneilson responded that it is somewhat adjacent to that site. The wetlands that is involved in this new development is contiguous with that site also but the land that is being vacated is high and dry and is not needed for wetlands. Councilniember Krebsbach stated that she wants to be sure that Council would not be creating a problem with that parcel. Mayor Huber asked for questions and comments from the audience. Page No. 9 August 19, 2003 There being no questions or comments, Councilmember Vitelli moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach asked if the property owner can file the plat without having the easement vacated. Public Works Director Danielson showed the location of the wetlands area and the easement that is proposed to be vacated. Councilmember Duggan suggested that the matter be tabled for two weeks and that staff research the reasons why Council denied the hotel. Mr. Danielson responded that the owner needs to file the plat so that he can close on the building that is under construction. The matter was discussed a year ago when he brought in the preliminary plat, but when he brought in the final plat, consideration of the easement vacation was overlooked. Councilmember Duggan stated that he has no trouble supporting the vacation request but wants to make sure that the court findings on the hotel case are reviewed to make sure nothing is done to conflict with the findings. Attorney Schleck responded that the charge of the Council is to protect the health, safety and welfare of the residents through the use of its police powers. Different Councils can make different decisions regarding individual projects. The projects should be reviewed individually in terms of their benefit or detriment to the health, safety and welfare of the residents. What has been historical can be considered but that should not drive the decision. The decision that was made with respect to the hotel does not have to drive this decision — it is just one of many things to be considered. Public Works Director Danielson stated that in the hotel case, the water from the wetlands would have been right up to the building. In this case it is not, and this is a different situation. The developers own the easement area and the city just has the right to drain water on it. Most of the wetlands is on the former hotel site. The holding pond has the capacity to handle the runoff. Page No. 10 August 19, 2003 Councilmember Duggan moved adoption of Resolution No. 03 -74, "RESOLUTION APPROVING VACATION OF A DRAINAGE �. AND UTILITY EASEMENT." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 GEESE CONTROL Council acknowledged a memo from Parks Project Manager Kullander regarding geese control/management by city police officers and a request and proposal from Mr. Clifford Timm. Council also acknowledged letters from Senator Metzen and Rep. Pugh, letters from the Fish and Wildlife Service to Mr. Timm and those elected officials, and a letter from Ms. Rita Wild to Mr. Timm. Mr. Timm stated that he contacted Steven Wilds at the Fish and Wildlife Service at Fort Snelling and received a letter from Mr. Wilds in response to his call. He stated that he told Mr. Wilds that he did not think it would be necessary to kill the birds, but just scatter pellets. He stated that he thinks that pyrotechnics would work well on Rogers Lake. He stated that last fall there were 5,000 to 6,000 geese on Rogers Lake, and it is no wonder there are some many weeds in the lake. He thought that noise making and shooting on the school property would keep the geese from congregating. He stated that this is a chance to try something with the blessing of the Fish and Wildlife Service. He also stated that there should be some kind of legislation proposed to help with the problem. He stated that he is willing to financially support goose control measures. Mayor Huber stated that Mr. Timm has identified an issue that many people would like resolved. He asked Police Chief Aschenbrener for his comments on the suggestion to use off duty police officers to shoot the geese. Chief Aschenbrener responded that off duty officers are available for contract but they are not DNR officers and are not trained to do this. He stated that he has no idea what Mr. Timm is talking about in terms of pyrotechnics and that if the city gets into firearms discharge it will be opening up a can of worms. There will be people around the lake who will be in favor of the proposal but many others who will be irate about it. He stated that he will be coming before Council next week with a very skinny budget for next year, and it would cost considerable money and time on training, etc., for goose control and there is no money in the budget for it. He stated that he Page No. 11 August 19, 2003 can meet with Mr. Timm to discuss the problems but goose control is not in his budget. Mayor Huber stated that the police officers are trained in a certain line of work and are not conservation officers. Perhaps some of them are hunters in their off duty time, but when they are in uniform they are on duty in Mendota Heights. He did not believe that using police officers would be the way to go. He felt there approach would create many problems and that a broader approach is needed. One city cannot do much, and the issue must be looked at from a broader standpoint than Mendota Heights acting on its own. Councilmember Krebsbach stated that she would not want to encourage the police officers to put their off duty time in one area or another. She stated that she appreciates Mr. Timm's concern but would not support engaging the police in the effort. Councilmember Duggan asked Mr. Timm if he knows if Mendakota and Resurrection Cemetery would allow someone who has been approved to go on their. property to kill a limited number of geese. He stated that perhaps the city should send them a letter, and if they do not agree, Council's hands are tied. He would also like to see Council consider allowing people to do something on a controlled basis to scare the geese off, including a county wide approach to the problem. If Mendota Heights were to be successful in scaring them away, they would just move to Bloomington or somewhere else and there would be nothing to keep them from coming back. Councilmember Krebsbach moved to respectfully decline the offer from Mr. Timm to provide funding for his goose control proposal. Councilmember Vitelli seconded the motion. Councilmember Duggan moved to amend the motion to include that the city will pursue a potential agreement with Mendakota Country Club and Resurrection Cemetery and find out what a controlled basis would be and who would do it. Councilmember Vitelli stated that he would not accept the amendment. VOTE ON ORIGINAL MOTION: Ayes: 4 Nays: 0 WAGON WHEEL TRAIL,/ Council acknowledged a memo from Parks Project Manager Page No. 12 August 19, 200' LAKE Kullander regarding right -of -way acquisition for the Wagon Wheel ENHANCEMENT PROJECT' Trail /Rogers Lake enhancement project. Mr. Kullander stated that one of the issues last meeting was the property to the south that the city could either break up into smaller pieces or a strip of land. The city needs about 40% of the total lot area. The rest of the lot is entirely under water. The owner (Paul Maczko) would like the city to buy all of the property or else the city would have to condemn what is needed. He spoke to Mn/DOT staff about what they have done in the past and they said that in this case, because the remainder of the land would be completely useless to the owner, they would buy the entire parcel for right -of -way rather than just a strip along the right -of -way. Responding to a question from Mayor Huber, Mr. Kullander stated that the city will need a wetlands permit for the project because there will be disturbance to the wetland. Mayor Huber stated that the Planning Commission will need to have full discussion on the issue and he did not know what signal it would send to the commission if Council takes any action tonight. Councilmember Krebsbach stated that there were many people at the Parks and Recreation Commission meeting speaking on the issue. (' She stated that it is important that everything come together at the Planning Commission meeting. Mayor Huber informed Mr. Kullander that it is good that he has determined that MnDOT will support the purchase of the entire Maczko parcel. Councilmember Duggan stated that at the last meeting Councihnember Vitelli indicated that 10 to 11 cents per square foot under water was acceptable and only the land that was needed. Mr. Kullander is now telling Council that the regardless of the cost, it will be paid through MSA funding. Even though it would cost more to buy the entire parcel at 20 cents per square foot, as Mr. Maczko is requesting and staff is recommending, it would be offset by MSA. Mr. Kullander responded that all costs for right -of -way would be reimbursable. Mayor Huber stated that it is important for residents to understand that every road that has been built at some time gets reconstructed. Because of Mr. Timm's generosity, there will be some work done on Page No. 13 ) August 19, 2003 Wagon Wheel that needs to be done. Council is not talking about widening Wagon Wheel or addiiig curb and gutter or trail installation at this time. Councilmember Vitelli asked Mr. Kullander how he got to the 20 cents per square foot rate. Mr. Kullander responded that an opinion staff obtained from an appraiser was that property below the lake's official high water elevation would be valued from ten to twenty cents per square foot. Staff started at the low end because the Dakota County Assessor's office said it placed no value on the land under water. When staff talked to the owner of Parcel C, he told staff he did not think eleven cents was adequate and that the city placed a twenty-cent per square foot value on the property when it bought a small parcel of property from him for the overflow structure. Mr. Kullander stated that he told the property owner he did not have the authority to make the offer and the owner said that if Council offered twenty cents a square foot, he would accept it for the whole parcel. He stated that he is just looking for feedback from Council on whether the rate is agreeable. Councilmember Vitelli asked Mr. Kullander to get a written commitment from the state about MSA reimbursement. Mr. Kullander responded that he will have something in writing before the next Council meeting. MENDOTA HEIGHTS Council acknowledged a memo from Assistant Hollister along with BUSINESS CENTER a letter from United Properties requesting a determination on whether dialysis treatment is an allowed use in the industrial district. Council also acknowledged an associated report from the city planner. Mr. Scott Moe was present on behalf of United Properties. Assistant Hollister informed Council that United Properties has a prospective tenant for a building at 2520 Pilot Knob Road. The firm, Fresenius Medical Care (FMC), is in the business of kidney dialysis where people come to the facility for that service on a non- emergency basis. The planner reviewed the "I" zoning description and prepared a report in which he states that the as he reads the list of uses, this type of use is not allowed but left the interpretation open for Council to decide. Mr. Moe told him that United Properties reviewed the FMC use and proposal to see if it is a use they would want in the industrial park and determined that it does not pose any Page No. 14 August 19, 2003 detrimental impact on the park. Mr. Hollister reviewed three determinations Council could make with respect to the use. �.. Mr. Moe stated that there are a number of reasons why the use should be allowed in the "I" zone. It is not a medical clinic — dialysis is a process, and process is part of the language in the zoning district. Research and labs are allowed, and Solvay is in the park and ARRT is there. Dialysis firms do not want to be in B zones — they want to be in obscure locations. United Properties has the greatest concern over what goes into that properly as the property manager, and is convinced that FMC is a very unobtrusive use of the space. They have excellent finances and for many reasons they would be a good fit for the project. He felt that the use fits the district. He stated that if FMC has to go through the planning process for ordinance amendment and conditional use permit, FMC does not have three to six months to wait and will be forced to go somewhere else. Assistant Hollister stated that if Council deems that an ordinance change is required, perhaps both the amendment and conditional use permit applications could be brought to the Planning Commission simultaneously. The applications could be before the commission next month and could come to Council at its next meeting after that, so it could be back to Council at the first meeting in October. A representative of FMC stated that they are competing against other companies and are on a timetable of getting into a facility and two months is too long. She stated that this is not a special needs unit, there are no beds, and no patients are allowed to come in on a stretcher. Mayor Huber stated that he appreciates the concern. He stated that Council has had many land use cases before it in the past several months and is trying to be very consistent and follow Council's own rules. He felt the use would be a forced reading of the ordinance and that FMC should take the route of applying for the zoning ordinance amendment and conditional use permit. Councihnember Krebsbach stated that she has had an office above a dialysis use and the patients were very ill and some came in on stretchers. She felt the use should go through the planning processes. Page No. 15 August 19, 2003 Councilmember Duggan stated that the I district lists processes as a use, and as he understands it, dialysis is a process. There is also a strong relationship with research labs. He felt that Solvay and ARRT give Council a precedent. He stated that FMC is a very reputable company to move into the community and provide a good service, and he felt that the ordinance does allow the use. Councilmember Viteili agreed with what Councilmember Duggan stated and supported the option of determining that a kidney dialysis center fits the category of professional office. He stated that it is not clear to him that the ordinance must be changed. FMC is a reputable company and timing is of the essence, and Council has the option of saying it is close enough to the uses allowed. Councilmember Vitelli moved to support option one, and fmd that a kidney dialysis center fits within the "I" District uses. Councilmember Duggan seconded the motion. Councilmember Krebsbach stated that she would not support option one. - A kidney dialysis center is not an office use but is more of a health use. She would support option two if the applicants go through the process. Mr. Moe stated that he feels that options 2 and 3 are the same at this time. He stated that he realizes the use is a gray area, but options two and three have the same results, and FMC is ruining out of time. Mayor Huber stated that there is a risk that if Council does not support this, the business will go elsewhere, but Council must follow its rules. He felt that Council should extend the offer that FMC go through the process of applying for a zoning ordinance amendment and conditional use permit. VOTE ON MOTION: Ayes: 2 Nays: 2 Huber, Krebsbach Mayor Huber stated that given the information before Council, he feels FMC's proposal is something he could support, but he wants the Planning Commission to go through the process. At this point it is up to the applicants to decide whether they wish to make applications for the zoning amendment and conditional use permit. Councilmember Krebsbach stated that she thinks there needs to be more information on what the dialysis center is and how it would impact the industrial park. Page No. 16 August 19, 2003 Attorney Schleck stated that he wants to make it clear that nothing Council has said implies any approval with respect to zoning amendment and conditional use permit applications. BOLTZ TAE KWON DO Council acknowledged a memo from Assistant Hollister regarding a request from Mr. Greg Bolton for issuance of a building permit for 780 South Plaza Drive. Assistant Hollister informed Council that Mr. Bolton received a conditional use permit last year for his new Tae Kwon Do school on South Plaza Drive, and part of what that involves is adding onto the existing building. Approval of the conditional use permit included a decision on the roof that the exact color was up to the owner but it should be an earth tone. Mr. Bolton approached the code . enforcement officer last week with a red roof proposal and that was referred to Council Mr. Bolton has indicted that if red is a problem, he would be willing to put on a gray roof. The second issue is the exterior of the building. The existing structure is wood and brick, and Mr. Bolton received approval to continue that. After researching the cost, he would like to change finish the addition with aluminum siding. Mr. Bolton stated that he is here to find out what Council would like him to do about the roof color. His architect put together a plan with a dark clay red roof, but it does not matter to him whether it is dark clay red, gray or brown. His biggest concern is over the exterior and the affordability of continuing the wood and brick on the addition. Councilmember Duggan stated that his preference for the building would be soft beige, and that he does not have a problem with the red roof. Councilmember Krebsbach stated that she would rather see a gray roof, and pointed out that she does not know what color red is proposed. She did not have an opinion on the siding. Councilmember Vitelli stated that he is okay with the siding but is influenced by consistency, and he recalls that Council denied a red roof for the SuperAmerica station. He stated that he would prefer that Mr. Bolton's building have a gray roof. He stated that it would have helped if Mr. Bolton had brought a sample for Council to see. Page No. 17 August 19, 200' ) Mayor Huber stated that Coinicil has been tough on finishing all four sides of a building and on consistency between original structures and additions. He stated that he could not agree to aluminum siding but could go along with a gray roof. Councilmember Duggan noted that Mr. Bolton is challenged with the cost in relation to the materials. He stated that he suspects there are many buildings in the city where there is a combination of brick and aluminum siding. Councilmember Vitelli agreed, stating that the average citizen does not have to come to Council to get approval for the color of their home roof or type of siding. Mayor Huber stated that there are two issues, fmishing structures on all four sides, and in general when businesses come before Council to do something like this, they always present samples. In this case, there is nothing. In this particular case, Council has been given a very limited amount of information. Mr. Bolton should be able to present something to show what is on the building and what is proposed. Councilmember Krebsbach suggested $ha( Mr. Bolton come back on September 2 with samples. Mr. Bolton stated that he would do that. The reason he chose white or beige siding is because the top half of the existing building is an off white and he would like to try to match that. Mayor Huber asked Mr. Bolton to come back with a picture that gives a good color rendition of what currently exists and what he proposes for the addition. Mr. Bolton stated that he would like to get the foundation started and come back to Council for approval of the exterior of the building and get the building started in the meantime. COUNCIL COMMENTS Councilmember Duggan congratulated Parks Project Manager Kullander and the Parks and Recreation Commission on the Hagstrom -King Park playground upgrade. He also stated that there have been many media articles recently about MAC and noise abatements, and perhaps that will benefit the Rogers Lake area residents. Page No. 18 August 19, 200' Duggan stated that he received a call last evening from Mr. Jerry Fogelberg, who stated that there is havoc being created with trees being taken down and trucks in the wetlands area in the super block area. Councilmember Vitelli stated that he was saddened to hear of the death of Bob Brown, Chairman of the Mendota Mdewakanton Dakota Community, and that he had looked forward to working with Mr. Brown. ADJOURN There being no further business to come before Council, Councilmember Krebsbach moved that the meeting be adjourned to closed session for discussion on pending litigation. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:20 p.m. Kathfeen M. Swanson City Clerk