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2001-02-06 City Council minutesPage No. 1 February 6, 2001 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 6, 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 Schneeman moved adoption of the revised agenda for the meeting. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Vitelli moved approval of the amended minutes of the regular meeting held on January 18, 2001. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent cal endar for the meeting, revised to move items 5d, sign permit for Mendota Technology Center, and 5e, sign permit for Subrogation Advantage, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the January 23, 2000 Planning Commission meeting. b. Acknowledgment of the building activity report for January, 2001. c. Adoption of Resolution No. 01 -05, "A RESOLUTION RENEWING A CONDITIONAL USE PERMIT TO LINDER' S GREENHOUSES TO OPERATE A TEMPORARY SEASONAL GARDEN CENTER IN THE PARKING LOT OF MENDOTA PLAZA UNDER CERTAIN CONDITIONS." d. Acknowledgment of information on the city's computer information network, adoption of Resolution No., 01 -06, Page No. 2 February 6, 2001 "RESOLUTION APPROVING THE COMPUTER USE POLICY FOR THE CITY OF MENDOTA HEIGHTS," authorization for execution of a Data Communications Joint Powers Agreement with the State of Minnesota, and authorization for the issuance of a purchase order to InterSec Communications, Inc. for Check Point VPN 50 Node Firewall Software, a Secure Com 2100 appliance and training for its quote of $7,794 plus tax, the cost to be financed by a combination of the amount budgeted in Administration for a firewall in 2001 and the Equipment Reserve Fund. e. Authorization to reschedule a public hearing on the city's Tax Increment Plan Modification from February 16 to March 20, 2001. f. Confirmation of February 13 at 7:00 p.m. as the date and time of the Town Center workshop. g. Approval of the list of Rubbish Hauler licenses dated February 6, 2001. h. Approval of the list of contractor licenses dated February 6, 2001. i. Approval of the List of Claims dated February 6, 2001 and totaling $289,155.49. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 SIGN PERMITS Council acknowledged memos from Code Enforcement Officer Berg regarding sign permit applications for 1210 Northland Drive (Mendota Technology Center) and 1140 Centre Pointe Drive (Subrogation Advantage). Councilmember Krebsbach asked what the color of the signs are proposed to be. She stated that she is not comfortable with approving back -lit colored signs and stated that she would like sign permit applications to indicate the proposed sign colors in the future. Administrator Lindberg responded that she believes the signs have black backgrounds with white lettering. Staff will verify the sign colors and if they are different from black with white letters the sign permits will be referred back to Council. Page No. 3 February 6, 2001 Mayor Mertensotto directed that staff make certain that future sign permit applications include information on the predominant sign colors. Councilmember Krebsbach moved to approve the issuance of sign permits for the Mendota Technology Center and Subrogation Advantage. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 INTRODUCTIONS Police Captain Jeff Piotraschke introduced new patrol officers Chad Willson and Jeff Von Feldt to Council and the audience. COMMISSION Council acknowledged a memo regarding appointments to the APPOINTMENTS city commissions. Mayor Mertensotto informed the audience that Council conducted interviews of twenty -one applicants for the commission seats on January 30. He stated that there were many qualified candidates with varied background and experience. Mayor Mertensotto recommended appointment of the following candidates: reappointment of Sally Lorberbaum to a three -year term on the Planning Commission, the appointments of Eric Hesse and Chris Dolan to three -year terms on the Planning Commission, and Bruce McManus to a two -year term on the Planning Commission to fill the unexpired tern vacated by Councilmember Vitelli; reappointment of Dave Libra to a three -year term on the Parks and Recreation Commission and the appointment of Paul Portz to a three -year term on the Parks and Recreation Commission; reappointment of John Roszak to a three -year term on the Airport Relations Commission and the appointment of Vern Edstrom to a three -year term on the Airport Relations Commission. Councilmember Krebsbach moved to approve the Commission appointments as recommended by Mayor Mertensotto. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 01 -01 Council acknowledged an application from Carlson & Harrington for SPRINT PCS a conditional use permit amendment for Sprint PCS to allow the installation of four additional antennae to its existing installation at Henry Sibley High School. Council also acknowledged associated staff reports. Mr. Steve Carlson was present on behalf of the applicant. Page No. 4 February 6, 2001 Mayor Mertensotto stated that the original conditional use approval was four eight antennae and the applicant is asking for permission for the installation of four more, for a total of twelve antennae. Mr. Carlson explained that when Sprint signed the developer's agreement in 1996 it was designed as a two sectored directional antenna site with four antennae on the east wall and four on the west wall. They now wish to convert that to a three sectored site so Sprint can get more signal to the north of the school. He reviewed photos of the existing installations on the building (by Sprint and other carriers). He stated that Sprint has an existing lease with the school district and has prepared an amended lease for presentation to the school board later in the month. Mayor Mertensotto stated that the proposed resolution should be revised to allow only four additional antenna for a maximum of twelve. The proposed resolution currently contains a provision that there will be no more than 16 total antenna. The original approval was for eight antenna and is now requesting four more antennae for a total of twelve. The developer's agreement must also be reviewed by the city attorney and modified accordingly. Councilmember Dwyer moved adoption of Resolution No. 01- 07, "A RESOLUTION AMENDING SPRINT PCS' CONDITIONAL USE PERMIT FOR PCS ANTENNAE ON HENRY SIBLEY HIGH SCHOOL TO ALLOW FOUR ADDITIONAL ANTENNAE" as amended, subject to review and approval of the resolution and developer's agreement by the City Attorney. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CASE NO. 00 -37, AT &T Council acknowledged an application from AT &T for a conditional CASE NO. 0l -02, NEXTEL use permit and variance to allow a thirty foot height addition to the 95 foot AT &T monopole tower located on city property at 1168 Northland Drive. Council also acknowledged associated staff reports. Ms. Julie Townshend and Mr. Peter Beck were present on behalf of AT &T. Mr. Nathan Ward was present on behalf of Nextel Communications. Mr. Beck stated that the facility was installed five years ago and was originally proposed to be 125 feet tall. After considerable discussion it was reduced to 95 feet with a provision for a review after five years. AT &T still has difficulty getting adequate signals into Page No. 5 February 6, 2001 portions of the freeway trench and a few other locations further south and has come back with a request to extend the pole to the original 125 feet. Adding height to the pole would not only improve AT &T's situation but would give AT &T extra space which would allow for co- location by other users, which would save the need for additional poles somewhere else in the community. The Planning Commission recommended approval with some skepticism that multiple users would ultimately be a reality. AT &T subsequently contacted Nextel to determine its interest in co- location, and Nextel has filed an application with the city for a conditional use permit to co- locate on the pole. The city will also receive considerably more money from rent because of the higher multiple use facility. He requested that the Mayor be authorized to execute the lease, which had been negotiated over a long period of time between AT &T and the City Attorney and which was revised to reflect the results of a meeting with the Mayor and Councilmember Schneeman. Responding to a question from Mayor Mertensotto, Mr. Beck stated that the style and design of the existing antennas will not change, and they will be aligned as they are now. They will just be higher. Responding to a question from Councilmember Krebsbach, Mayor Mertensotto stated that the lease contains an escalation clause, and the lease rate will increase annually based on the CPI. Mr. Beck stated that the city only needs to look to one party for the lease rental. Nextel will be a tenant of AT &T. AT &T will maintain the pole and the structure on the ground. Nextel has prepared a landscape plan. The city would be issuing conditional use permits to both companies, and each of the firms will be responsible for the conditions of its permit, including maintenance of the landscaping that each provides. Assistant Hollister informed Council that Nextel has provided a drawing showing the additional landscaping that Nextel proposes to provide. He briefly reviewed the drawing for Council. There was discussion over the length of the lease. It was noted that the lease is for twenty years. Responding to a request from Mr. Beck, Mayor Mertensotto stated that the lease can be amended to provide the option for two five -year renewals. Councilmember Krebsbach asked if abandonment is addressed in the lease. Page No. 6 February 6, 2001 Mayor Mertensotto directed the city attorney to review the document to make sure that there is an abandonment provision. He informed Mr. Beck that if Council approves the application tonight, the lease agreement and resolution would be subject to approval by the City Attorney. Councilmember Schneeman informed Council that if AT &T brings -a third provider in, the rent will be increased by $500 a month. Mayor Mertensotto stated that any additional prospective provider would be required to apply for a conditional use permit. He further stated that AT &T cannot substantially amend the tenant arrangement. Mr. Beck informed Council that there are one or two setback variances that are included within the conditional use permit because conditions have changed since the original conditional use permit was approved. Assistant Hollister responded that the city's cellular ordinance that was adopted three years ago, one of the dictates of that was that if the pole fell down it should not cross over the property line. That - cannot be accomplished in this case, even at the existing pole height. Mr. Beck stated that the pole is designed to bend so that it will not fall. There has never been an instance where a monopole has fallen down. Mayor Mertensotto stated that if there were a tornado and the pole came down onto street right -of -way, there would be a question of liability. Mr. Beck responded that it would take such an extreme weather event to knock the pole down that everything else would be taken out as well. City Attorney Schleck informed Council that there is an indemnification provision in the lease agreement to indemnify the city against anything that happens on the premises or its use. Councilmember Krebsbach asked if the maintenance provisions in the lease specifically refer to maintenance of the pole. Mr. Beck responded that everything related to the facility will be operated in a safe manner. The lifespan of the pole will substantially Page No. 7 February 6, 2001 exceed even a thirty year lease term. The site is visited at least once a month by a technician who is primarily responsible for the computer equipment but he is checking the integrity of everything on site. Mayor Mertensotto pointed out that the agreement stipulates that the tenant will maintain and operate the antenna facilities, and that would include the pole. Mr. Beck agreed that the maintenance of the pole would be included. He stated that the pole that exists was a 125 foot pole and 30 feet was removed. If the permit is approved, the 30 foot extension will be re- installed. Attorney Schleck stated that antenna facilities are described as everything listed in Exhibit D of the agreement and although he does not have a copy of the Exhibit, he will make sure that the pole is included. Mr. Nathan Ward, Real Estate Manager for Nextel, informed Council that the plan that was provided to the city shows the existing site landscaping and additional landscaping that will be provided by Nextel. He stated that the exterior of the Nextel shelter will be identical to the AT &T building. Mayor Mertensotto stated that Nextel will be paying its rent to AT &T under their lease agreement, and AT &T will pay the total rent to the city. AT &T has the right to put a third co- locator on the pole. Responding to a question from Councilmember Dwyer, Mr. Ward stated the shelter will be 12 feet in height, and have the same roof pitch, design and color as the AT &T structure. Mr. Ward stated that the rent under the proposed lease agreement will be $3,500 per month, which is three times the current rent. Councilmember Dwyer moved adoption of Resolution No. 01 -08, "A RESOLUTION APPROVING AN APPLICATION BY AT &T FOR A CONDITIONAL USE PERMIT AND VARIANCE TO ADD 30 FEET TO THE EXISTING 95 -FOOT MONOPOLE TOWER AT 1168 NORTHLAND DRIVE," and adoption of Resolution No. 01 -09, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NEXTEL TO BE THE SECOND COMMUNICATIONS PROVIDER (AFTER AT &T) ON AT &T'S MONOPOLE TOWER AT 1168 NORTHLAND Page No. 8 February 6, 2001 DRIVE, ", subject to review and approval of the resolutions and lease agreement by the city attorney, along with authorization for execution of the agreement by the appropriate city officials following the attorney's review. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 RECODIFICATION Council acknowledged a memo from the City Clerk regarding the process and recommending revisions to several existing ordinances and rescission of one ordinance. City Administrator Lindberg responded to Council questions. She explained that the City Clerk is recommending that provisions be included within the City Organization section of the code regarding the City Administrator position, and that the existing ordinance that establishes a human rights commission and sets its duties and responsibilities be rescinded. The City Clerk also recommended minor changes to the language in Section 1, Chapter 5 of the proposed code that relate to rescheduling of Council meetings that fall on holidays and the assessment of a $10.00 fine for failure of a Council member to attend meetings. It was also recommended that the language in the ordinances creating the Planning and Parks and Recreation Commission be revised to remove the reference to appointment of commission secretaries by the commissions (Chapter 2 -1 and 2 -3). Mayor Mertensotto stated that the city has a personnel policy. He asked how it was adopted, by resolution or ordinance. He stated that after recodification the code will be on the city's web site and there should be something on the web site regarding the personnel policy. Responding to a question from Mayor Mertensotto, Administrator Lindberg stated that the proposed language regarding the city administrator position is "boiler plate" language provided by the codifiers but it has been amended to include an "employment contract" clause. Councilmember Dwyer asked what the enabling language is for the city administrator position. Attorney Schleck stated that the language should be consistent with the ordinance language for the positions of treasurer and city clerk. Page No. 9 February 6, 2001 Mayor Mertensotto stated that case law states that if the city has a personnel policy statement it is bound by that statement. Council should indicate what is ordinance and what is policy. City Attorney Schleck informed Council that he has been working with the city clerk and this is the first cut at the easy changes. There will be many presentations to Council. Council's suggestions on the process will be incorporated into future presentations. He suggested that it may be helpful to Council if staff prepares black -lines to show the old language and the proposed language in addition to the summaries. Responding to a question from Council, Attorney Schleck stated that staff hopes to complete the recodification project within six months. With respect to the language regarding the appointment of commission secretaries, Councilmember Dwyer felt that the recommended change is appropriate since secretarial service for the commissions is provided by staff or through a contract service. He also stated that the ordinance should be made "gender correct," pointing out that "chairman" should be changed. Mayor Mertensotto stated that perhaps the language should be changed to reflect that secretarial support for the commissions is the responsibility of the city. Attorney Schleck recommended that Council members call the city clerk if they have any suggestions for changes, additions or deletions to the existing code. Councilmember Schneeman moved adoption of ordinance No. 357, "AN ORDINANCE RESCINDING ORDINANCE NO. 72," codified as Ordinance No. 105. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 AIRPORT Mayor Mertensotto reviewed information that the city received from the MAC (copies had been provided for Council). The information included articles from the January 1, 2001 edition of "Aviation Week and Space Technology," and an excerpt from the January 19, 2001 issue of the "Airport Noise Report." The material provided information on the review and development process associated with the Stage 4 aircraft noise certification standard and the European position on the topic. Page No. 10 February 6, 2001 Mayor Mertensotto stated that the articles review the most recent meeting of the International Civil Aviation Organization's Committee on Aviation Environmental Protection. The article talks about the requirements for stage 4 aircraft and go on to explain how this has been evolving and some of the problems the airlines will be faced with in the future. Also there was a comment that the European Union bans airlines from using hush -kilted aircraft in the future if they have not used them in the past, which creates a problem for airlines that have hushkitted aircraft. Councilmember Schneeman stated that the information is very interesting but it points out the complexity of air noise and how important it is that the city has an aircraft noise commission. She ftu-ther stated that she appreciates the fact that helicopter noise will finally be addressed. Mayor Mertensotto noted that Minneapolis Mayor Sayles-Belton met with Rochester city officials regarding the possibility of a high speed train to link the Twin Cities to the Rochester International Airport. He stated that the Rochester airport and the St. Cloud airport could handle much of the cargo traffic that is coming in and out of MSP now, trucking the cargo or sending it by rail between those airports and MSP. Mayor Mertensotto informed Council that the last information about MASAC is that the MAC staff has been in communication with Northwest Airlines regarding the continued existence of MASAC. The MAC commission will undertake the Part 150 update policy statement. COUNCIL COMMENTS Councilmember Krebsbach commended Ultan Duggan and Sharon Koll for their many years of service on the Planning Commission. She also commended the police department for a comment she had received from a family about assistance the police department had given them. Councilmember Krebsbach stated that Mendota Heights has done an excellent job of developing along T.H. 55 and that she hopes that Mayor Mertensotto talks with the Eagan and Inver Grove Heights Mayors about improving the look of Highway 55 when he next meets with them. Highway 55 is the gateway to Mendota Heights and the metro area. The stretch of the highway coming into Mendota Heights from the south has a very cluttered, back alley look. Page No. 11 February 6, 2001 Mayor Mertensotto asked the City Administrator to send a letter to the Inver Grove Heights and Eagan City Administrators and inform them that during Council comments a question was raised over what the two cities and Mendota Heights could do to improve the appearance of Highway 55 from the south up to the Mendota Bridge. ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned to the Town Center workshop to be held on Tuesday, February 7 at 7:00 p.m. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:05 p.m. K een'M. Swanson Ciiy Clerk ATTEST: Charles E. Mertensotto Mayor