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2001-06-19 City Council minutesPage No. I June 19, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 19, 2001 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. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Krebsbach, Schneeman and Vitelli. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Vitelli moved approval of the consent calendar for the meeting, revised to move items 5g, Visitation School Addition, and 5n, City Administrator salary increase, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the May 8 and June 12, 2001 Parks and Recreation Commission minutes. b. Acknowledgment of the minutes of the May 9, 2001 Airport Relations Commission meeting. c. Acknowledgment of the revised April 24, 2001 Planning Commission minutes. d. Acknowledgment of a response from Dakota County regarding a turn lane on Delaware Avenue at T.H. 110. e. Acknowledgment of the Fire Department monthly reports for April and May. f. Authorization for city staff to participate in co-sponsoring the annual Fourth of July fireworks with Mendakota Country Club. g. Acknowledgment of bids and awarding of a contract to Blacktop Repair to resurface the double tennis courts at Roger's Lake Park Page No. 2 June 19, 2001 and Friendly Hills Park and further authorization to staff to issue a purchase order for the regarding and restoration of the turf areas around both tennis courts for an amount not to exceed $2,500. h. Authorization for the issuance of a sign permit to Sign Art to change the sign face of the Dakota State Bank ground sign at 750 So. Plaza Drive to Curves for Women. i. Adoption of Ordinance No. 360, "AN ORDINANCE AMENDING ORDINANCE NO. 1113," to designate Ivy Lane as a Yield Street at Cherry Hill Road. j. Approval for payment of claim of $183.19 to Mr. Mike Engle, 2112 Aztec Lane, for sewer back up clean up. k. Approval of the list of contractor licenses dated June 19, 2001. 1. Approval of the List of Claims dated June 19, 2001 and totaling $186,689.04. Councilmember Dwyer seconded the motion. Ayes: 5 ��- Nays:0 VISITATION SCHOOL Council acknowledged a memo from Assistant Hollister ADDITION regarding a request from the Visitation School for a permit to construct an addition to house a freezer. Council also acknowledged an associated letter and drawings from Visitation. Mr. Gary Ostberg was present on behalf of Visitation. Councilmember Dwyer stated that this is a request by Visitation for a permit so that they can put on an addition to the school for a freezer. He stated that he thought council had a policy were building permits of this nature are reviewed in depth including exterior plans and landscaping plans. He did not know why this application would be treated differently. Assistant Hollister stated that staff did not have the city planner review the plans as he reviewed the Fairfield Inn plans because that was much more extensive. If Council approves this permit, approval would be contingent on code enforcement review and approval for applicable codes. Page No. 3 June 19, 2001 Mr. Ostberg expressed appreciation to Councilmember Krebsbach for participating in the school's work day. He informed Council that what is proposed is a 220 square foot freezer room addition to the existing building at the entrance to the dining room and kitchen. He stated that the existing kitchen is very cramped and the school needs the addition. He reviewed the site plan and informed Council that the addition will be concrete block with face brick to match the school exterior. It will have a flat roof and will be as obscure as possible. Councilmember Dwyer stated that the plans appear to be in order and they are consistent with the existing structure. Councilmember Dwyer moved to authorize the issuance of a building permit for the building addition, subject to review and approval by the Code Enforcement Officer. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 ADMINISTRATOR SALARY Council acknowledged a memo regarding the negotiated increase in the city administrator's salary upon completion of her first six months with the city. Councilmember Vitelli complimented Council on its selection of the city administrator, commenting that she is very talented and capable and that her law degree is very helpful. He stated that while the salary increase was agreed upon when the administrator was hired, and he was not on Council at the time, he felt that her salary should be higher than the staff who work for her. He recommended increasing the salary to $72,000. He felt Council should be more aggressive and recognize her capabilities. Councilmember Krebsbach stated that Council moves staff members forward on a step and grade matrix based on the C.O.L.A. and not merit. The proposed $68,500 salary is what was agreed on when the Administrator was hired. For that reason, she supports an adjustment to that rate. She suggested that perhaps Council should look at another review in six months. Mayor Mertensotto stated that when the initial term was negotiated, Council discussed a six month review. Council is not evaluating the administrator's merits at this time. Page No. 4 June 19, 2001 Councilmember Dwyer felt that Council should stick with the plan it set six months ago and give the salary a serious look in six months. Councilmember Dwyer moved to approve a $3,500 salary increase to the City Administrator, for an annual salary of $68,500, starting with the first payroll in July. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 01 -07, Council acknowledged an application from the American Lung AMERICAN LUNG Association of Minnesota (ALAMN) for a comprehensive plan amendment for the " Garron" site from HR to LB to allow a headquarters office building on the site, and for vacation of public right -of -way. Council acknowledged correspondence from the American Lung Association and associated staff reports. Assistant Hollister stated that the ALAMN applied in time for the April Planning Commission meeting for a comprehensive plan amendment to build a new office building on the Garron site on the east end of the Mendota Bridge at Pilot Knob Road. The site is guided High Density Residential in the comprehensive plan, and the applicants wish to change the designation to B 1 A. In order to build their headquarters building, the designation must be changed to Limited Business. They are applying for the change to LB and they are also asking for a street vacation for a street that was never constructed (Louisida Lane). Mayor Mertensotto stated that it would be in the city's interest to vacate the right -of -way to allow for future development, but that could be done in conjunction with an application. Assistant Hollister stated that the Planning Commission discussed the application at their April meeting. There were representatives from ALAMN and also representatives from the Mendota Mdwakanton - Dakota Community present at the meeting. Representatives of both groups are present this evening. The commission discussed a variety of topics including air noise and comprehensive plan designation. The commission recommended a comprehensive plan amendment providing that the building meet the spirit and representation of the plans that were presented. The ALAMN were to appear at the subsequent Council meeting but requested that they be allowed to wait until this meeting to allow them time to prepare. They also gave the city a written request for an extension of the 30 day rule. He informed Council that spoke to Page No. 5 June 19, 2001 Steve Dorgan, legal counsel for the property owner, this afternoon. Mr. Dorgan asked him to inform Council that even if Council is not prepared to approve the comprehensive plan amendment this evening, he would at least request approval of the street vacation this evening to clean up the parcel and facilitate development. Mayor Mertensotto stated that a successor applicant would ask for vacation. He asked the owner is asking for vacation in advance of any development approval. He also asked what the city planner recommended. Assistant Hollister stated that the planner saw no compelling reason to change the designation. The planner's firm was extensively involved in the comprehensive plan process and this parcel was discussed at length during that process. Mr. Grittman could see no compelling reason to change the designation. Ms. Theresa Sterns, representing ALAMN, stated that ALAMN is a nationally renowned health association. They wish to build their new headquarters, and in doing so, change the way office buildings are built. They want it to be a stunning facility with a healthy design, and the project will be a nationwide model. Two - thirds of the property will be leased by the private sector. The building will be designed by an internationally renowned designer and many nationally acclaimed individuals are involved in the building process. ALAMN feels the proposed use is compatible with the site. The site to the east is low density residential, TH 55 on the north is a heavily traveled freeway, TH 13 is on the west and Acacia Lane is on the south. Transportation issues are well suited to this land use. With respect to public use and open space issues, ALAMN feels the open spaces are welcoming. There will be significant new landscaping installed and the site will be restored to its much more natural state. Reviewing the drawings, she stated that with respect to the site's gateway feature, as rendered from the Mendota bridge, the building would provide a signature gateway element to welcome people to Mendota Heights. The site is located in airport noise exposure Zone 3 and is exposed to a 65 -70 average decibel level over twenty four hours. She felt that the noise considerations advantage commercial over residential use. With respective to comments from the Mdwakanton- Dakota Community, she stated that in the past seven months ALAMN has been working on this project, they have come to understand that this is a sacred place to the Community and will work with their representatives to ensure that native American groups are included in discussions of the site. With respect to taxes, she stated that the value will be about $6.5 million, Page No. 6 June 19, 2001 which would bring $253,500 per year in taxes. One -third of that i would be exempt. Mendota Heights would receive about $30,500 in tax revenue per year from the site. In comparison, the value of the Stone Bridge development in Lilydale is estimated at $48.5 million, and property taxes are estimated at $807,705 per year. Using that same model, 2.9 units per acre would generate $9 million in assessed value, or $153,000 per year in property tax, and Mendota Heights' share would be $27,540 as compared to $30,500 from the ALAMN development. Mayor Mertensotto stated that Ms. Sterns had stated that the development would fit nicely with the Acacia Cemetery property and its low density. He asked Ms. Sterns why she feels the Acacia site is appropriate for low density but the Garron site is not. Both sites are located in Zone 3. Ms. Sterns stated that she feels the Acacia site is better suited to office use but that ALAMN would be happy to be a neighbor to low density. Mayor Mertensotto stated that it is his understanding through the Part 150 update discussion, that the Metropolitan Council would follow the noise contours from the airport to avoid the confusion that surrounds the airport. He did not think there will be a standardized measure of noise based on the LDL contour. Ms. Sterns responded that she came here from St. Paul today and in the time it took to come over the Mendota Bridge, she saw four plans landing over the Garron site. Councilmember Dwyer asked whether the $31,000 in taxes that Ms. Sterns says would ultimately come to Mendota Heights assumes full occupancy of the building. Ms. Sterns responded that it assumes the market value. Commercial buildings are often based on their income streams, so owners sometimes go to the county to get tax abatements. The only way to get around that is having a written agreement with the owner. If the building were not fully leased, then the value could possibly go down. Councilmember Vitelli stated that Ms. Sterns assumes $6.5 million in assessed value and in her memo to the Planning Commission, she said the cost of the development would be $14.6 million. He asked where the other $8 million is. Page No. 7 June 19, 2001 Ms. Sterns responded that the construction cost is estimated at $8 million, so she is reflecting a very conservative market value. The remainder is administrative costs, furniture, contingency, etc. Councilmember Vitelli stated that one thing that bothers him about the proposal is that it is an extravagant investment for a non - profit to seek a very valuable property and spend $14 million to develop it. It bothers him that a charitable organization is investing that much money and it seems that ALAMN could find a flat piece of land and spend the $4 to $5 million it would save on land costs to use for research. Councilmember Krebsbach stated that she was very clear several months ago on where she stands on this proposal. She concurred with the planner that there is no compelling reason to not follow the comprehensive plan. While she could appreciate that the proposed building is attractive, it does not deliver what the city needs on that site. She felt that development like Stonebridge would be a more compatible use. Councilmember Vitelli stated that Council put a lot of time and effort into the comprehensive plan and it is a good plan. He felt that the Acacia property and the property to the east of the Garron site should be developed as a total residential set rather than dropping commercial into the middle of parcels that can be developed residential. He felt Council should stick with the comprehensive plan and not plug a commercial building between the two residential sites. The three parcels would be a nice critical mass for a very nice residential development. Councilmember Dwyer agreed, stating that the only doubt he has is that there have not been any residential developers expressing interest yet. He pointed out that there are two very successful residential developments in the area — Augusta Shores and Stonebridge. Mr. Joel Buttenhoff, representing the property owner, stated that he and John Allen have owned the property for eight years and have been marketing it for either residential or office use. Residential developers have expressed interest in the site, and they one even had it under contract at one time. The developer sat o the site for a time and the air noise scared him away. The developers are the ones who have to take the risk. He envisioned there will be more air traffic in the future rather than less, and it was his opinion that he will always have trouble attracting residential development to the site. Page No. & June 19, 2001 Mayor Mertensotto responded that the site is not the corridor and the jets should not be flying over it. The small planes can fly over it but they are not a problem. Mr. Buttenhoff responded that he has sat on the site with a buyer and had to stop talking because of noise. He has not been able to find anyone who is comfortable with taking the risk. Councilmember Schneeman stated that Augusta Shores has been highly successful and she had been afraid that it would not develop because of the air noise. Councilmember Dwyer stated that he had to use the airport two weeks ago and the construction going on there is incredible. It will continue to get busier and Council's hope is that as technology improves, the planes will get quieter. Council spent a lot of time discussing this site during the comprehensive plan discussions and it is Council's best wisdom that residential is the best use for the site. Councilmember Schneeman stated that this is a prime site in Mendota Heights and when Council was discussing the comprehensive plan they spent a great deal of time discussing this site because it is such an important entry into the city. Mayor Mertensotto stated that the metro area is not running out of commercial property but it is running out of residential property, and this site is guided for multi - family use. Councilmember Dwyer stated that the street vacation request seems premature and should be tabled until there is a clear understanding of what is going on. Mr. Buttenhoff asked why Council does not vacate the right -of -way if its intent is to keep the site residential. Mayor Mertensotto responded that if a project came in the received Council support, whether under the existing comprehensive plan or an amendment, there is no reason the right -of -way would not be vacated. Right now there is no reason to vacate since Council does not know where a project is going. In the future there may be a need for easements over the right -of -way, and it would be premature to vacate. Councilmember Dwyer moved to table the street vacation consideration until such time as it is deemed appropriate. Page No. 9 June 19, 2001 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Councilmember Dwyer moved to deny the request to amend the comprehensive plan and direct staff to prepare a resolution of denial and findings of fact, and to extend the review period an additional 30 days to allow staff time to prepare the document. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Assistant Hollister stated that Council has already extended the thirty days beyond the initial 60 day period and this extension brings it to the full 120 days on August 1. HAVEN CHEMICAL Council acknowledged a memo from Assistant Hollister relative HEALTH SYSTEMS to a proposal from Haven Chemical Health Systems to use the home at 2535 Condon Court as a residential treatment facility. Council also acknowledged information from Haven. Ms. Karen Tarrant and Mr. McGlauflin were present on behalf of Haven. Ms. Tarrant stated that the firm plans to run a residential program for women with drug and alcohol problems in the existing five bedroom single family home. They would like to convert it for ten occupants. Council can require a conditional use permit, but that is not mandatory under state statutes. Mayor Mertensotto stated that the property is not connected to city sewer and water and asked if the well and septic system have been checked by Dakota County. Ms. Tarrant stated that the health department and the fire department have done preliminary investigations of the site and approve it. Dr. Jeff Boston, a principal in Haven, has already purchased the three level home. Mayor Mertensotto was concerned that the sewage system is adequate to support the use. Councilmember Schneeman stated that it is proposed to house ten clients in the home and there will also need to be staff as well. Ms. Tarrant responded that it will be staffed all day but no staff person would sleep there. Councilmember Krebsbach asked about the clientele. Page No. 10 June 19, 2001 Ms. Tarrant responded that the women who would enter the program will be screened and referred by various agencies for chemical dependency problems. There will not be anyone there who has sex offense problems, and all will be there voluntarily. Most of the clients will come from referrals. Councilmember Schneeman asked if the women will be from Dakota County. Ms. Tarrant responded that they will be from Dakota County and possibly Washington County. They will be referred to Haven by their physicians and their insurance carriers. There could possibly be some civil commitments, but not criminal. There could be some who are chronic alcoholics who could be endangering themselves and the court orders them to residential treatment. Councilmember Krebsbach stated that one of her concerns is that there is a school across the street from the site and although children generally are brought to the school by family members, there are a lot of young people near the site. ' Responding to a question from Council Schneeman, Ms. Tarrant stated that the clients would attend the program for fifteen to 30 days depending on the individual. Councilmember Schneeman asked if there is a security system and what would happen if someone decided to leave. Ms. Tarrant responded that they can just walk away. In the event someone leaves, there are people who would need to be notified. If it is a civil commitment, the sheriff would be notified. Most will be there voluntarily because they are struggling with chemical dependency. Visits would be from 1:00 to 5:00 on Sunday only. People who would visit are generally parents and children. Parking will not be a problem because the house is at the end of a huge cul- de -sac. The most cars that would be there would be 8 to 10 cars during the visiting time. Four vehicles can be parked in the driveway. Councilmember Dwyer asked what it is about this program that the people come from Dakota county rather than other areas. If a doctor were to refer a patient from Minneapolis, would they be turned away? Page No. 11 June 19, 2001 Ms. Tarrant responded that they would not be turned away if they meet Haven's criteria. There are no programs like this in Dakota County now that is gender specific. Councilmember Dwyer noted that the Dakota County Board of Commissioners voted in favor of the concept. Ms. Tarrant stated that Haven operates an outpatient facility in Woodbury now. That is the closest to Dakota County. Haven rums two outpatient facilities now, one in Woodbury and the other in Shakopee. Councilmember Vitelli stated that he wishes there were a bit more history. He asked Ms. Tarrant what she would predict the program to be like in five years. He also asked about funding and what risk there may be. Ms. Tarrant responded that the building will not change. It would continue to be a ten person unit and have 24 hour staffing. The program is private -pay, usually by insurance. The biggest risk would be if the program were not run well but given the background of the people running it, it will be successful. She felt there will be minimal risk and noted that this is a regulated industry. Councilmember Vitelli asked how a rate is established if there is no history on cost versus fees. He was concerned about deterioration of the building if the costs for staffing, etc., eat up the money and there is not enough left to maintain the structure. Ms. Tarrant responded that it will continue to be a five bedroom single family home and could be sold. Councilmember Dwyer stated that since this is a private operation, the taxes will remain the same or increase. Mayor Mertensotto stated that he always struggles with taking a single family use and converting it to an institutional use. Two people will have to double up in a bedroom. Also this does not have public utilities and he is concerned that the sewer system is not adequate. He also did not know whether this could be connected to city sewer, and he understands that the well is on public property. Ms. Tarrant stated that the health department has done a preliminary investigation of the site and the house has already been purchased, but Dakota County does not do its final inspection until the program Page No. 12 June 19, 2001 is up and running. The Health Department is very specific in its rules about the number of people per square foot, the amount of furniture, etc. Haven originally considered a fourteen facility but based on what the health department told them, it was scaled back to ten. Engineer Mogan stated that there is probably a way to connect the structure to city sewer but it would be difficult. Mayor Mertensotto noted that there already is a commercial use in the area now. Ms. Tarrant stated that there was an interpretation of statute that this does not need any zoning action and if it were a 6 person facility they would not need to come before Council. Attorney Dan Schleck stated that his review is that there is discussion about the ability for a city to accept this type of facility but the state does not mandate it. Mayor Mertensotto stated that someone other than the applicant must inform the city that this is a suitable facility based on space and utilities and that it is totally adequate to serve ten people. Council must use good judgment. Someone should prepare a report to Council telling Council what the requirements are and that Haven meets those requirements. The people who will live in the facility have the right to expect that it has been properly reviewed, yet Council does not have any reports. Councilmember Dwyer stated that the applicants met with staff and were told they must meet with Council. Now Council is telling them to provide reports. It is a harsh reality that residential treatment facilities are a necessity. He felt that there is a certain wisdom behind gender specific programs and that this is a sound concept provided it does not crumble under the traffic of ten residents. He understood that the health department has an obligation to review the matter. Council also needs to see something from the health department before taking any action. Attorney Schleck took exception to Ms. Tarrant's comment about not needing additional zoning procedures. The R -1 District was established for single family development. The zoning ordinance describes what a family is. For ten people to live in the home, a variance would be required. While the statute Ms Tarrant cites refers to six residents, ten residents are proposed for this facility. It does Page No. 13 June 19, 2001 not say under what procedure the city should approve this. He felt that a variance is needed. Council can ask for the additional information that it is requesting under the variance procedure. Mayor Mertensotto stated that someone must license such facilities. Councilmember Dwyer stated that Council does not know what the requirements or who is licensing them. Councilmember Krebsbach stated that she would like to have a report about the other facilities that Haven operates. Ms. Tarrant stated that they are not residential facilities. Dr. Boston has considerable experience. Haven applied to the department of human services for licensing and they required credentials, etc. Councilmember Krebsbach commented that Haven has no experience with managing facilities in residential districts. Ms. Tarrant responded that the agency that licenses the facilities required information on who the staff are and what their credentials are. There will be a program director. There will also be RN's and LPN's on staff 24 hours a day. There will be staff for maintenance, cooking, etc. Mayor Mertensotto stated that he is concerned about the number of cars. The police and fire departments should review the site in light of the traffic that will be generated by staff and visitors. Acting Police Chief Piotraschke stated that he will research other communities for similar facilities. His concern was over walk-aways and medical emergencies the city may have to respond to . Councilmember Krebsbach expressed concern over the security of the clients. Many have been abused, and a home like this gives another dimension to public safety. She asked if the Haven facilities function as a safe house, since 60% of the clients suffer from abuse. Ms. Tarrant responded that there are only scheduled times for visiting by family and confidentiality is always preserved. Councilmember Krebsbach stated that she would like to know the number of incidents of police needing to be called to similar facilities. Page No. 14 June 19, 2001 Councilmember Schneeman felt that the idea is good but there are 2,662 square foot home and there would be ten residents plus at least five staff during the day. Ms. Tarrant responded that there will be three staff present at a time. Councilmember Schneeman stated that her concern is that people coming to the facility for treatment are going to need their space. She stated that she will need to see how things will work out before she can decide. Ms. Tarrant stated that Haven did extensive searches in Dakota County and the question always as whether there was enough room. Private spaces for reading, television, etc. will work out. Councilmember Krebsbach asked if the residents would be allowed to use the trails, go shopping, etc. Ms. Tarrant responded that they have to stay on site if they wish to stay in the program. They can only be transported to AA, NA, etc. once a week. Councilmember Dwyer stated that Council needs more information. He asked what the process would be for a variance. Attorney Schleck responded that the applicant would need to make a formal application and go before the Planning Commission, etc. He felt that a variance would be required since this is not a family unit and more people would be living in the house than are allowed by statute. Mr. McGlauflin stated that the sewer system was installed last November by the home owner. Mayor Mertensotto stated that the city's code enforcement officer should inspect the facility for concerns over the septic system. Mr. McGlauflin stated that it is the required system for a single family home. He went through it with the health inspector and he said the house is feasible for ten people, which is why they propose to have ten residents. Mayor Mertensotto reiterated that Council needs more information in order to protect the general public. Page No. 15 June 19, 2001 Attorney Schleck stated that his recommendation would be that Haven first obtain the information Council has requested and then at the same time he will look at whether there is an alternative method of looking at the request other than a variance. Mayor Mertensotto stated that the applicants should provide the following information: Health Department report; work with the Police Department on traffic information; credentials for managing this type of facility; incident rates in terms of protection of the residents in similar facilities and the concern over proximity to the school; response to all of the issues raised this evening; the record of managing residential facilities by the principals involved and information on the backgrounds of the people who will be on site. He stated that he is concerned about the protection of the residents of the facility, not the protection of the community from the residents. He also stated that the police chief, code enforcement officer and fire department must prepare reports. TREE PROGRAM Council acknowledged a memo from Engineering Technician Guy Kullander regarding the 2000 and 2001 Boulevard Tree Planting Program. Councilmember Dwyer moved to award the contract for tree planting to Midwest Landscapes for its low quote of $10,716.80. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 ENTRANCE SIGN Council acknowledged a memo from Engineering Technician Kullander regarding landscaping improvements at the city entrance/ monument sign and a quote from Braun Landscaping. Councilmember Dwyer moved to authorize an expenditure of up to $10,000 from TIF maintenance funds for landscaping around the city entrance monument sign so that it can be properly maintained. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CITY HALL REMODELING Council acknowledged a memo from Mr. Kullander regarding improvements to the lower level of City Hall, including additional storage shelves, furniture for the Police Lobby, and expansion of the records storage area. Page No. 16 June 19, 2001 Councilmember Schneeman moved to approve all of the proposed improvements at a total cost of $11,250 with funding from the City Hall Fund. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 GNB DRAINAGE Council acknowledged a memo from Engineer Mogan regarding proposed drainage improvements on the GNB property adjacent to the Bloomington-Lake Clinic. Engineer Mogan reviewed his memo and showed Council photos depicting the drainage problems. After brief discussion, Councilmember Schneeman moved to authorize the engineering department to advertise for bids and award a drainage improvement contract on the GNB property for a cost not to exceed $10,000, to be funded by the Storm Water Utility Fund. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 MINOR PUD AMENDMENT, Council acknowledged a memo from Assistant Hollister relative to MENDOTA TECHNOLOGY a request from United Properties for a minor amendment to the PUD for the Mendota Technology Center Phase IV building. The request is for brick screen walls to hide mechanical equipment on the east and west sides of the building, a 26 foot tall white liquid nitrogen tank enclosed by an 8 foot tall cyclone fence on the north side of the loading dock, and a brick shelter with a roof and glass windows for employees who smoke. Mr. Dale Glowa was present for the discussion. Mr. Glowa informed Council that many manufacturers use methods to clean their equipment and materials that leave oil and water as part of the process. Agere Systems system uses liquid nitrogen instead. He spoke to the fire marshal about the matter and Fire Marshal Kaiser had no objection to it. It will be hidden from the freeway and from Northland Dire and meets all code requirements. There will be screen wall fencing around the mechanical equipment. All of the requested modification swill go away at the end of the ten year lease period. The building will screen the tank, from Northland, although the top of the tank may be seen from the freeway. Page No. 17 June 19, 2001 Responding to a question from Councilmember Krebsbach, Mr. Glowa stated that he has researched horizontal versus vertical tanks, and there are no horizontal tanks. Responding to a question from Councilmember Dwyer, Mr. Glowa stated that the tank only comes in white. Mayor Mertensotto stated that Council has always relied on Mr. Glowa to come up with something consistent with what has been done in the industrial park in the past and will rely on him again. Councilmember Schneeman moved adoption of Resolution No. 01- 34, "A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR MENDOTA TECHNOLOGY CENTER PHASE IV," and authorize for the issuance of a building permit, subject to review and approval by the code enforcement officer. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 RECODIFICATION Council acknowledged and briefly discussed proposed changes in several ordinances as part of recodification. TOWN CENTER WORKSHOP Councilmember Dwyer moved to conduct a Town Center Workshop at 7:00 p.m. on July 17. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned to closed session for discussion on pending litigation. Ayes: 5 Councilmember Krebsbach seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 9:53 p.m. a Ka/thleen M. Swanson City Clerk ATTEST: - ;ae."'Pe -g, Charles E. Mertensotto Mayor