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2000-06-06 City Council minutesPage No. 1 June 6, 2000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 6, 2000 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. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Huber, Krebsbach and Schneeman. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held on May 16, 2000 as amended. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the May 9, 2000 Parks and Recreation Commission meeting. b. Acknowledgment of the minutes of the May 23, 2000 Planning Commission meeting. c. Acknowledgment of the Building Activity Report for May. d. Authorization for city staff to participate in co- sponsoring the Fourth of July fireworks display with Mendakota Country Club. e. Authorization to dispose of a 1990 Chevrolet (Engineering Department) a 1996 Ford Crown Victoria (Police Department) Page No. 2 June 6, 2000 and a 1993 Ford Crown Victoria (Police Department) at the State of Minnesota vehicle auction. f. Authorization for the Chief of Police to begin a recruitment testing process for a replacement sergeant position. g. Approval of the issuance of a sign permit to Key Design for a 28 square foot low profile monument type sign for Mayflower Distributing Company at 1155 Medallion Drive. h. Acknowledgment of the Uniform Settlement Agreement form and approval of the 2000 -2001 Labor Contract Settlement between the City .of Mendota Heights and Minnesota Teamsters Local 320, along with authorization for execution of the contract by the Mayor and City Clerk. i. Adoption of Resolution No. 00 -47, "A RESOLUTION EXPRESSING CONCERN OVER THE PACE OF DEPLOYMENT OF HIGH -SPEED INTERNET SERVICE WITHIN THE CITY OF MENDOTA HEIGHTS," along with approval of a draft letter to be submitted to U.S. West. Adoption of Resolution No. 00 -48, "A RESOLUTION APPROVING OF MINNESOTA SESSION LAWS 2000, CHAPTER 490." k. Approval of the list of contractor licenses dated June 6, 2000. 1. Approval of the List of Claims dated June 6, 2000 and totaling $122,345.66. m. Ackaiowledgment of the Unapproved minutes of the May 10, 2000 NDC4 meeting. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Altan Todd, 991 Caren Court, was present to represent a group of residents concerned about the Tilsen Highland Heights neighborhood sod replacement program. He stated that the premise of a letter sent to area residents by the city focuses on a problem that had to deal with inadequate watering. Many of the residents had to deal with not a watering problem but rubbish that was put beneath the sod by the contractor. If property owners re -sod now, it would Page No. 3 June 6, 2000 be pouring good money after bad. Wood refuse, ground and street material under the sod has been compacted to a concrete like hardness that is virtually impenetrable. The property owners feel that replacement sod is guaranteed to fail due to the material under it. The city holding pond on Caren Road was used as a dumping ground by the contractor who reconstructed the streets. Most of the asphalt was hidden underneath the sod but some of it is open and visible in the holding pond area. Almost every resident went through the same problem of having to remove the rubbish from the dirt before the sod was laid. The contractor dumped everything that was extra to raise the dirt so he did not have to use as much fill. He stated that his requests to Council are: before any sodding is done, it would be beneficial to have some limited soil testing done; and, that the escrow payment for sod replacement be deferred. Mr. Todd showed Cowicil pictures of the neighborhood. Mayor Mertensotto stated that the city has required a $50 deposit in the past to encourage homeowners to water the boulevard area. In this particular case, residents are saying that they have watered the boulevards but the sod did not grow because of bad subsoil. He noted that the city did have more problems with the contractor who did the Highland Heights project than in any other recent project and the city is making it known to all future contractors that they must put in good subsoil before laying sod. Engineer Marc Mogan has informed Council that on average it costs the city $650 per lot to remove the sod, replace any subsoil that needs replacement and then resod. It does not make sense to just remove the sod and put in new sod. Mr. Steven Katz stated that most of the people watered the boulevard area (island) that runs down the center of Lilac Lane and the sod still died. It was his understanding that the island is city property, but he has been snowing it for years. He stated that he is not sure why the residents maintain that area instead of the city. Mayor Mertensotto stated that in improvement project bidding procedures, Council must accept the lowest responsible bidder and must have very strong evidence before it can deny a contract to the low bidder. City staff watches all of the projects that are going on in the city, but if a contractor knows the city's inspector has just been on site, he may try to spread the bad materials in the boulevard rather than taking it off site because of the cost. Page No. 4 June 6, 2000 Public Works Director Danielson stated that the city only has one inspector, and the only option would be to hire more engineering inspection. Mr. Katz stated that Engineer Mogan had said there would be no top soil brought in for the project. He stated that his lawn is not bad but the boulevard in front of his yard is bad. He asked if the $100 escrow includes the island area. Mayor Mertensotto responded that Public Works Director Danielson will monitor that and make the determination. Mayor Mertensotto responded that the city will review each situation to determine whether soil needs to be removed. Council will notify city staff to more closely monitor contractors and to let them know in the pre- construction meetings what is expected in terms of conditions and requirements. Councilmember Krebsbach stated that at the time the street reconstruction was in process, the residents raised the same issues — that there was debris placed in the boulevard. She wanted to be sure what Council is taking about in taking out the debris and replacing it with topsoil and then sod. Mayor Mertensotto responded that the city would be paying $650 per lot to replace the sod that did not take, which was also done in the Curley and Friendly Hills projects. Councilmember Krebsbach stated that she wants to be sure that what the city does addresses the problem. Councilmember Schneeman stated that the residents in the area really care about their lawns and take very good care of them. Ms. Anita Stockton, 969 Caren Road, stated that the contractor parked most of his equipment on the corner of Caren and Lilac and most of the junk was dumped there. She further stated that the junk extends into her yard. She showed Council pictures of the intersection and her yard. Ms. Carol Damberg stated that Ms. Stockton's yard is a park and it has been very dismaying to her that this happened. Ms. Stockton had a huge cottonwood tree and the contractor came in one day and pushed the tree over from the bottom. It took him over a day to get the tree out. A private firm came out for a resident and removed a similar tree and removal only took three hours. She stated that Page No. 5 June 6, 2000 residents were present when the work was being done and called City Hall but no one listened. Councilmember Krebsbach stated that the community did make its concerns known throughout the process, and she actually went out and saw the bad materials. Ms. Damberg stated that the calls were made in 1997. She stated that all of the property owners paid $3300 for the street improvements and they expected to get a return on that investment. Mr. John Fischer sated that the residents spend a lot of time on their lawns. He informed Council that he was at home the day the contractor was working on the boulevard and he would not let the contractor put trash, including asphalt and other junk, in his boulevard before the sod was laid. He stated that his yard is fine, and there are a number of people who do not need to have anything done with their yards, but there are several where there are problems and bad material must be removed. Councilmember Dwyer stated that it seems that from the photographs shown to Council this evening, the city will have to do j more than lay down a sheet of sod. He felt that the city should remove the bad materials, replace it with good material and replace the sod. Mr. Ken Herrman, 995 Caren Court, stated that he has a "reshaped" driveway in front of his house and it is landscaped with shrubs and is in good shape, but the front section has the same problems as his neighbors because of debris under the sod. He further stated that if he sells his house in the future and the new owners wanted to remove the sod they would not be able to get grass to grow. He stated that from the day the sod was installed it started to die and Ms. Damberg made continuous phone calls to Engineer Mogan and was ignored. Mayor Mertensotto responded that the engineer is very busy during the summer and may have forgotten to respond. Councilmember Dwyer stated that the point is that it is not acceptable to ignore residents. Mrs. Gus Speilos, 1650 Lilac Lane, stated that when the contractor replaced driveways, he took the blacktop and dumped it in the center boulevard. The residents have taken care of that area for years and it Page No. 6 June 6, 2000 looked nice but now it is disgraceful. She stated that she talked to city engineering but nothing happened. Mayor Mertensotto stated that the increasing numbers of property owners want their blacktopped driveways replaced with concrete as part of the reconstruction projects, and the city should make sure it is a condition of a contract that the old blacktop must be hauled away. Ms. Mary Adrian- Larson, 985 Caren Road, stated that there needs to be clean up of the bad materials in addition to new topsoil. She further stated that what she needs to understand is whether she owes $100. Mayor Mertensotto responded that if Ms. Adrian- Larson is one of the home owners who wants their sod replaced, Engineering Mogan is going to recommend that those residents make a $100 deposit. The city will have a contractor determine whether debris material was laid and needs to be removed and replaced. Councilmember Krebsbach stated that Council needs to guarantee the neighborhood that whatever is put under the sod is appropriate soil for a lawn. Mayor Mertensotto responded that the city cannot give a guarantee but council can direct staff that Council wants suitable material laid down before sod is replaced. The residents will need to put down the $100 deposit and it will be returned if watering is done. That has been the policy through all reconstruction projects. Council wants to make sure the city has the cooperation of the property owners. Dr. Richard Matus, 1695 Lilac Lane asked if council is intending to completely deal with the "mall" on Lilac Lane, which is very important to the neighborhood. Mayor Mertensotto responded that Council is not prepared to answer that question until a survey is done and does not know what Council policy should be. Public Works Director Danielson and the engineering staff will have to review and make a recommendation and work with Mr. Todd as the neighborhood spokesperson. Mr. Peter Eckholm, 1703 Lilac Lane, stated that he agrees with the neighbors that the curb material from along the street was used to fill in behind the curb. Many people dug up the rock and put it on the street and the next day the contractor put it back in the boulevard. Page No. 7 June 6, 2000 HEARING: MALT BEVERAGE Mayor Mertensotto opened the meeting for the purpose of a public LICENSE FEES hearing on a proposed amendment to Ordinance No. 1401 to increase the fee for off -sale 3.2 Malt Beverage Licenses from $15 to $50 per year and the fee for on -sale 3.2 Malt Beverage Licenses from $150 to $250 per year. Council acknowledged the proposed ordinance amendment along with an associated memo from the City Clerk. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Dwyer moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Huber moved adoption of Ordinance No. 350, "AN ORDINANCE AMENDING ORDINANCE NO. 1401." Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 1 HEARINGS: LIQUOR LICENSE Mayor Mertensotto opened the meeting for the purpose of a public RENEWAL on an application from Mendota Liquor for renewal of its Off -Sale Liquor License. He asked for questions and comments from the audience. There being no questions or comments, Councilmember Dwyer moved that the hearing be closed. There being no questions or comments, Councilmember Dwyer moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Councilmember Schneeman moved to approve the renewal of an Off -Sale Liquor License for Mendota Liquor. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Mayor Mertensotto opened the meeting for the purpose of a public hearing on applications from Mendakota Country Club and Somerset Country Club for renewal of their Club On -Sale liquor licenses and Sunday On -Sale Liquor Licenses. He asked for questions and comments from the audience. There being no questions or comments, Councilmember Dwyer moved that the hearing be closed. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 8 June 6, 2000 Councilmember Huber seconded the motion. Councilmember Schneeman moved to approve the renewal of Club On -Sale and Special Sunday On -Sale Liquor Licenses for Mendakota Country Club and Somerset Country Club. Councilmember Huber seconded the motion. Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from the Courtyard by Marriott Hotel for renewal of its Limited Service Hotel and Special Sunday On -Sale liquor licenses. He asked for questions and comments from the audience. There being no questions or comments, Councilmember Dwyer moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Councilmember Schneeman moved to approve the renewal of On- Sale Hotel and Special Sunday On -Sale Liquor Licenses for the Courtyard by Marriott Hotel. Councilmember Krebsbach seconded the motion. I, Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from the Heritage Inn of Mendota Heights for renewal of its Limited Service Hotel and Special Sunday On -Sale Liquor Licenses. He asked for questions and comments from the audience. There being no questions or comments, Councilmember Dwyer moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Councilmember Krebsbach moved to approve the renewal of On- Sale Hotel and Special Sunday On -Sale Liquor Licenses for the Heritage Inn of Mendota Heights for the Heritage Cafe. Councilmember Schnneeman seconded the motion. Page No. 9 June 6, 2000 Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Brown Institute for renewal of its On- Sale Wine License for the Minnesota Room. Mr. John Sopsic, head of security for Brown Institute, was present for the discussion. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Huber moved that the hearing be closed. Co-Lmcihnember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councihnember Dwyer moved to approve the renewal of an On -Sale Wine License for Brown Institute for the Minnesota Room. CoLUlcilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 In response to Council questions, Mr. Sopsic stated that Brown Institute is doing very well and that parking is becoming a problem. Brown is looking for ways to solve the fall parking problem including finding an alternative parking area for staff and busing staff members between the school and the parking area. The building has sufficient capacity for more students, but limited parking is becoming a problem. He stated that Brown would appreciate any help the community could give with respect to parking. Council directed the concern over parking to city staff. CASE NO. 00 -14, U.S. WEST Council acknowledged an application from U.S. West Wireless LLC WIRELESS LLC for a conditional use permit and wetlands permit to place a 52 foot PCS wireless antenna tower on city property west of the Civic Center ballfield on Victoria Curve. Council also acknowledged a letter from David Fischer from U.S. West, site plans and landscaping plans, associated staff reports, a proposed resolution of denial for U.S. West's original application and a proposed resolution of approval for the current application. Mr. Steve Mangold, Regional Manager for U.S. West, was present for the discussion. Mr. Mangold informed Council that the issue of Mn/DOT right -of- way use is still an open issue but U.S. West is not pursuing it because of the alternate location near the Civic Center ballfield. Page No. 10 June 6, 2000 Mayor Mertensotto expressed concern about making findings in a moot case. U.S. West essentially withdrew its first application to locate the antenna tower at Lexington Avenue and Dakota Drive because it reapplied to place the tower at the new location. U.S. West has not officially withdrawn the first application, and he stated that he would prefer that the application be withdrawn so that Council does not have to deny it because of the 60 day requirement. U.S. West paid a new planning application fee and a public hearing was conducted by the Planning Commission. Council should make findings on the first application, and if that application is withdrawn, Council will discuss the new application. Councilmember Krebsbach expressed concern about the safety of children who may walk near the antenna to retrieve balls, etc. She asked whether there is any chance that it would be unsafe for children or 'others to walls in proximity to the tower and its associated equipment. Mr. Mangold responded that the conduit will be underground and the equipment cabinets are vandal proof and weather proof. They will be very secure and very safe. The equipment does not need to be protected by fencing. He explained that U.S. West has over 300 sites in the Twin Cities and they all have the same cabinets. Also, the voltage is very low. Councilmember Huber questioned whether the pole and structures are too close to the ballfield fence. He asked whether a ball could be hit out of the ballfield and bounce off the pole and back in. Councilmember Dwyer responded that it would be very unusual for someone to hit a ball that far, but asked if there is room to move the pole back from the fence. Public Works Director Danielson responded that there is sufficient room to move it back. It was the consensus that if the application is approved, the pole should be moved back an additional ten feet. Referring to comments attributed to him in the letter from U.S. West, Mayor Mertensotto stated that he informed Mr. Fischer that U.S. West would have to go through the Planning Commission process and that if the application is approved, U.S. West and the city would need to grant cross easements. He stated that he was concerned about the potential that U.S. West might abandon the use of the pole Page No. 11 June 6, 2000 in the fixture. A cross easement would provide that the city would grant an easement to U.S. West to locate and access the pole and equipment on city property and U.S. West would provide the city with tower space for a warning siren on top of the pole. He also asked that U.S. West agree to assign ownership of the pole to the city in the event that U.S. West abandons use of the pole. Mr. Mangold responded that U.S. West agrees to assign the pole to the city at no cost if it is abandoned. U.S. West would deed the pole to the city after it is constructed, and all U.S. West would require is an access easement to the pole. Mayor Mertensotto responded that he would rather have U.S. West own the pole and grant the city an easement to co- locate the siren. The city does not want to get involved in insuring and maintaining the pole. When U.S. West abandons the use, the ownership of the pole would remain with the city and U.S. West must remove the cabinets. City Attorney Hart stated that an alternate would be for U.S. West to grant the city an option. If U.S. West eventually abandons the pole, it would have to give the city an option to buy the pole for $1.00 and remove the switching gear. Mayor Mertensotto agreed, suggesting that Attorney Hart prepare a the appropriate documents. Councilmember Dwyer stated that the city also needs an access easement to maintain the siren. He asked if the city will receive any consideration for the applicant's use of the land. Mayor Mertensotto stated that U.S. West would pay the total cost for installing the pole and landscaping and on -going maintenance of the pole and ultimately the city would have continuous use of the pole for the siren. If U.S. West ever abandons the pole, they would have to give the city the option to buy it for $1.00, but if the city declines, U.S. West must remove the pole and switching gear. Councilmember Dwyer felt that the market value of the land is considerable. Mayor Mertensotto responded that the city has been looking for a site for a siren in this area and has not been able to find one. If the city has to install a pole for the siren, the city would have to pay for Page No. 12 June 6, 2000 the pole and installation. The city would be gaining something and U.S. West would be gaining something. Councilmember Dwyer asked if the city is foregoing an opportunity to gain $120,000 a year from U.S. West. Councilmember Krebsbach suggested that Council establish a precedent for rent and keep it as a very nominal fee. Mayor Mertensotto stated that the parties could agree to a mutual rental of $100 a month. In the event the city removes the siren, U.S. West would continue paying the city $100 a month. Attorney Hart stated that a fee is negotiable based on what is granted. In this case, the city may be receiving good value by not having to install the pole, maintain it or take it down. Mayor Mertensotto stated that Council can direct Attorney Hart to prepare the documents and Council can then approve the conditional use permit at the next meeting. There will be an understanding that Council will approve the conditional use permit and U.S. West must put in writing its withdrawal of the original application. Councilmember Schneeman stated that she would like to see some lower plantings in addition to trees for landscaping. Mayor Mertensotto asked Mr. Mangold to bring back a more interesting landscaping plan. Attorney Hart asked for clarification that what is proposed is an perpetual easement that would grant a permanent right. Most antennas have been handled as leases with beginning and ending dates. Mayor Mertensotto responded that he feels a perpetual easement is the appropriate course, because U.S. West would have an obligation for maintenance. In the conditional use permit, the pole must be limited to a fixed height and can only be constructed based on the application submitted for this particular use. Councilmember Krebsbach asked if there is anything short of a perpetual easement that could be used. She stated that Council is assuming that at some point the use will go away. Page No. 13 June 6, 2000 Attorney Hart responded that the basis for the perpetual easement is the use. The city would have the right to terminate the easement in the event the applicant ceases the use for a certain period, and the use would be specified in the document. Mayor Mertensotto suggested that if there is an abandonment of the use for six months at should terminate and U.S. West would be obligated to remove its pole and/or switching equipment. Councilmember Huber moved to commit Council to grant an easement for the use specified in the application for the conditional use permit and wetlands permit for a wireless antenna on the west side of the Civic Center ballfield and to direct the City Attorney to prepare the appropriate documents, on the condition that the original application.be withdrawn by U.S. West. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 00-22, FOLEY Council acknowledged an application from Mr. & Mrs. Scott Foley for a wetlands permit to allow construction of a swimming pool and fence 62 feet and 23 feet, respectively, from the wetlands at 617 Hampshire Drive. Council also acknowledged associated staff reports. Mr. & Mrs. Foley, and Mr. Corey Nelson, from Dolphin Pools, were present for the discussion. Mr. Foley reviewed and submitted a representation of the type of fence that is proposed, stating that it will be five feet tall, and black, either aluminum or wrought iron, very open and airy. Councilmember Dwyer stated that Council is concerned with anything that encroaches within 100 feet of a wetlands. Both the fence and the pool are within that area. Staff and the Planning Commission have determined that the wetlands will not be negatively impacted by the pool or fence. Councilmember Huber asked if there is any concern about the water from the pool when it is drained down. Mr. Foley responded that the pool will just be purged down a few inches from the top in the fall. The pool will be covered at all times when it is not in use. Mr. Nelson stated that there will be a four by four by four rock sump for any wastewater to be pumped into so that it does not go directly Page No. 14 June 6, 2000 to the wetland. The water will filter through the ground. He stated that the location for the sump has not been finally determined yet, but he has designed a system that does not have to be discharged on a regular basis. The most water that would be pumped out would be 3,000 gallons, and the proposed pool will hold about 32,000 gallons. He informed Council that the Foleys are very concerned about the environment. Mayor Mertensotto stated that Council does not want the water to be discharged directly into the wetlands or into the city's sewer system. Public Works Director Danielson stated that the DNR prefers that water from a pool not be pumped directly to the wetlands and the su np would be a good idea. Mayor Mertensotto suggested that Mr. Danielson work with the Foleys with respect to the sump and directed Public Works Director Danielson to contact the county to determine appropriate solutions for water discharge for similar future applications. Councilmember Schneeman moved adoption of Resolution No. 00- 49, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR A POOL AND FENCE AT 617 HAMPSHIRE DRIVE," with the condition that the fence be of a type and quality shown in the representation submitted and presented this evening and that the owner work with city code enforcement staff with regard to the on- land CASE NO. 00 -22, METRICOM Council acknowledged an application from Metricom, Inc., for a conditional use permit to place wireless Internet antennae on the city's water tower. Council also acknowledged associated staff reports. Mr. Paul Harrington, from Carlson Harrington Commercial Real Estate, was present on behalf of Metricom. Mayor Mertensotto asked what type of antennae are proposed. Mr. Harrington responded that they are panel type antennae that are actually smaller in length than the ones that are already on the tower. A total of sixteen 3 �/z feet tall, 6" wide by 5" deep panels are needed. Mr. Harrington then reviewed Metricom's application and the technology Metricom uses. Responding to a Council question, he stated that he will work with the city on how the panels should be attached. Page No. 15 June 6, 2000 Public Works Director Danielson stated that the existing antennae are attached to the tank by bolts, and he would not want antennae welded onto the tank. Mr. Harrington informed Council that Metricom also needs space inside the water tower for placement of an equipment cabinet. The cabinet is proposed to be located underneath the platform that holds a competitor's cabinet. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that a rental agreement has not yet been developed because it is subject to conditional use permit approval. Councilmember Krebsbach asked if there is a way a bracket could be placed around the water tower so that antennae could be attached to it. She pointed out that it cost the city $650,000 to repaint the tower. Councilmember Dwyer suggested that the city's cost be taken into account during lease negotiations. Mayor Mertensotto stated that the question is how many more antennae Council wants to see on the water tower. He asked Public ( ) Works Director if he thinks all the proposed antennae will fit on the tank. Mr. Danielson responded that all of the antennae will fit and that a good location has been found for the ground equipment. Councilmember Dwyer asked if an abandonment bond has been drafted in the event that the technology does not go over well. He suggested that the lease agreement include an abandonment clause that would require a bond for removal of the equipment in the event it is abandoned. Mayor Mertensotto agreed, stating that it should also include that the tower must be returned to its original condition. Councilmember Huber moved adoption of Resolution No. 00 -50, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS ANTENNAE ON THE MUNICIPAL WATER TOWER AND ACCOMPANYING APPARATUS AT 2431 LEXINGTON AVENUE," conditioned upon the applicant entering into a satisfactory lease agreement that includes language with respect to abandonment and water tower restoration. Councilmember Schneeman seconded the motion. Page No. 16 June 6, 2000 Ayes: 5 Nays:0 METRICOM RIGHT -OF -WAY Council acknowledged a memo from Public Works Director AGREEMENT Danielson regarding the proposed Metricom right -of -way permit and facility use agreement. Mr. Bill Buell was present on behalf of Metricom. Mr. Buell stated that his request is for use of city right -of -way and is independent of the Metricom application for conditional use permit. He informed Council that although it would be better if the receiver is located at the water tank, Metricom can connect to a wired access point outside of Mendota Heights. Councilmember Dwyer pointed out that in 11.11 of the proposed agreement, the city is referred to as Town, and that should be corrected. Also, 11.5 should be changed to "County of Dakota," not Ramsey. Mayor Mertensotto stated that he feels a bond should be increased. Mr. Buell responded that there has been some analysis and he believes $2,500 is sufficient. Councilmember. Krebsbach expressed a concern that $2,500 may not be enough money for Metricom to be concerned about and the city should be able to charge Metricom if $2,500 is not sufficient. Mayor Mertensotto suggested that a $7,500 surety bond be required for fifty or fewer radios and that an additional $2,500 bond must be posted for units exceeding $2,500. Mr. Buell stated that it literally takes five minutes to unplug and remove each radio and no special equipment is needed for removal. He informed Council that NSP also requires Metricom to remove the units if they are abandoned. He asked if the $7,500 bond could be for sixty radios rather than 50. Mayor Mertensotto agreed, stating that an additional $2,500 bond would be required for any units over 60. City Attorney Hart stated that he has reviewed the agreement and would like some language changes. He recommended changes to Sections 3.3, 3.3.1, 5.2, 5.3, 6 and 10. Page No. 17 June 6, 2000 With respect to the recommended change to Section 10, Mayor Mertensotto stated that a conditional use permit would be required for any transfer of ownership. Mr. Buell responded that Metricom should be able to transfer to a parent company. Attorney Hart stated that he would have no problem with a transfer to a parent company. He recommended that "shall not be unreasonably withheld, conditioned or delayed" should be stricken and that "and the city may require the transferee to apply for a conditional use permit" should be added. Mr. Buell stated that that would be too great a burden. If the system were transferred to a larger company that has the wherewithal to operate it, then Mendota Heights would be left out of the transfer. He stated that the city might be better off making sure the system is assigned along with the rest of the system if there is any transfer of ownership nationwide. Mayor Mertensotto stated that Council needs to set the conditions by conditional use permit. Mr. Buell responded that if a future owner did anything different from the conditions "established under this conditional use permit, it would be a violation of the permit. Mayor Mertensotto pointed out that a legislative decision by Council can correct any abuses. It was the consensus to direct City Attorney Hart to prepare an amended agreement for adoption as part of the June 20 consent calendar. CASE NO. 00 -24, R.J. RYAN Council acknowledged an application from R.J. Ryan Construction CONSTRUCTION for rezoning of a vacant parcel located along Mendota Heights Road at Lexington Avenue from B -lA to I to accommodate the use of the parcel for an office building. Council also acknowledged associated staff reports and a letter from Oakwood Ventures, LLC (formerly Mendota Heights Associates) with respect to the proposed rezoning. Mr. Tom Ryan was present for the discussion. Mayor Mertensotto stated that his only concern with the site is that it has a very difficult slope. He was concerned about rezoning from B- lA to I because of the potential for the site becoming a construction parking area and being an eyesore. He noted that the site is the Page No. 18 June 6, 2000 gateway to the industrial park and the development will be very close to some office complexes. Mr. Ryan responded that his firm has absolutely no intention of ever requesting outside storage. He stated that R.J. Ryan's offices are located in Richfield now and has never done any outside storage. The proposal is for a very nice building that will be the company's corporate headquarters and it would not be enhanced by outside storage of materials. He also stated that he understands that outside storage in an I district would require a conditional use permit. Councilmember Dwyer agreed, stating that a contractor's yard is a conditional use in the I zone. Mayor Mertensotto asked how Council would control storage once the use is in. Councilmember Schneeman asked what would happen if the building changes hands. City Attorney Hart stated that the city could prepare a recordable developers agreement that would set the condition that binds the owner with respect to outside storage. Mr. Ryan stated that his firm submitted building plans for review and has no intention of having outside storage. His firm wants to construct a corporate headquarters that will enhance its corporate image. Mayor Mertensotto stated that once rezoning is approved, Council does not have control. He suggested that the rezoning could be granted conditioned upon a covenant in recordable form that runs with the land with respect to elimination of exterior storage. He noted that this should be done at this time so that everyone knows the ground rules. Councilmember Dwyer stated that Council needs to address two concerns, the contractor yard concept and storage of materials and contractor vehicles being stored over night. Mr. Ryan responded that his firm does not have any employees who store their vehicles over night. Should the occasion arise, the company would have to fire a superintendent and take his vehicle away, the company would find a place to store it. He noted that his Page No. 19 June 6, 2000 company is even asking for a small parking lot with proof of parking, and clearly does not want outside storage. Public Works Director Danielson informed Council that Ryan applied for a building permit some time ago under the existing zoning. The code enforcement officer has reviewed the plans and during the review he noticed there was a problem with the setback along the highway. Since the land is guided I, which would remove the need for variances, staff recommended that the zoning be changed to comply with the comprehensive plan.' Councilmember Krebsbach stated that she would rather continue the B -lA zoning and grant a variance for the setback. Mr. Ryan. informed Council that his company has a construction yard in Elk River in an approved zone and has no intentions for another construction yard. Mayor Mertensotto asked if R.J. Ryan would have any problem with entering into a covenant that the property will never be used for construction storage. Mr. Ryan asked why his firm is being held to a higher standard than other people the I zone. He stated that every industrial use has things to store. Mayor Mertensotto responded that this is a unique piece of property because of its slopes and location. Councilmember Krebsbach stated that she would rather retain the existing zoning and if Ryan has a problem with the slopes or something that makes the property unique a variance could be granted. Mr. Ryan stated that his existing building is being condemned because the highway department needs the land for highway expansion, and Ryan must do something. Closing on the Mendota Heights site will occur tomorrow.. Responding to a question from Mayor Mertensotto, City Attorney Hart stated that assuming that Council does not have sufficient information tonight to pass on the building permit, he did not know that it would be an additional delay to put the matter off one meeting and consider the entire package at the next meeting. Page No. 20 June 6, 2000 Mr. Ryan responded that there is no difference to his firm if the land is zoned I with a deed restriction or B 1 A with a variance, his firm is not going to do outside storage. He would rather agree to the deed restriction than to the variance, and if Council would give him approval subject to a deed restriction he could close on the property tomorrow. Mayor Mertensotto stated that there needs to be an agreement between Ryan and to the city as to the prohibition that will be covenanted. Attorney Hart stated that the document would be a restrictive covenant as opposed to a deed restriction. Public Works Director Danielson informed Council that the building would need a 58 foot variance under B1 zoning, but rezoning to I would make the site consistent with the guide plan. Administrator Batchelder suggested that another option is to rezone from B -1A to B but that would not be consistent with the Comprehensive Plan. 131A zoning is for a campus style office development requiring a three acre lot and larger setbacks. Mayor Mertensotto suggested that Council approve the rezoning subject to the applicant entering into a covenant prohibiting outside storage of materials. He informed Mr. Ryan that if his firm does not execute the covenant, Council would withhold the building permit. Councilmember Krebsbach informed Mr. Ryan that it must also be understood that the building must be finished on all four sides and that a landscaping plan must be submitted. Councilmember Dwyer moved adoption of Ordinance No. 351, "AN ORDINANCE AMENDING ORDINANCE NO. 401," subject to the applicant entering into a restrictive covenant, to be prepared by the city attorney, with respect to outside storage. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 MAYFIELD ADDITION FINAL Council acknowledged a memo from Public Works Director PLAT Danielson regarding a request for final plat approval for the Mayfield Addition. Mr. & Mrs. Herb Dalglish and Mr. & Mrs. Gordon Hesselroth were present for the discussion. Page No. 21 June 6, 2000 Mayor Mertensotto informed Council that he spoke to Mr. Dalglish in the past about his request for a reduction in the utility connection charge. He stated that the proposed charge looks onerous because of the years of interest that have been calculated but that is the policy the city has followed for years. He pointed out that council will be faced with more infill development and he would hate to compromise on a system that has worked well for years. Mr. Dalglish stated that he is concerned for someone else who decides to split a lot after fifty or sixty years. Councihnember Schneeman moved adoption of Resolution No. 00- 51, "RESOLUTION APPROVING FINAL PLAT FOR MAYFIELD HEIGHTS ADDITION," conditioned upon submission of a utility connection, charge of $ 7,961. Councihnember Dwyer seconded the motion. Ayes: 5 Nays: 0 NDC4 JOINT POWERS Council aclazowledged a memo from Administrator Batchelder AGREEMENT regarding the draft Joint Powers Agreement between the seven NDC4 member cities. Mayor Mertensotto asked why the agreement is such that a member can withdraw at five, ten or fifteen years. He stated that he would like to see the agreement require that all members stay in the group for ten years, although he understands that poses a problem. There was considerable discussion over the withdrawal procedure. Councihnember Huber stated that the problem is how a city can cash out. The agreement recognizes that a city that pulls out is entitled to a share but at the same time it is not appropriate that they cash out on the day they withdraw. A withdrawing member would not forfeit its equity in the building, but it will not be cashed out until the commission dissolves and will be held at current value or less in the event the building loses value. Mayor Mertensotto stated that according to the agreement, one must be a then- current member in order to share in the equity. Councihmember Huber responded that the intent is that if a member withdraws, a calculation is made as to what its share of the current building value is. Page No. 22 June 6, 2000 Mayor Mertensotto stated that he would like so see everyone stay in for ten years. He did not feel the agreement language is in the best interest of the cities but rather that it is in the best interest of NDC4 and its employees. He stated that under the agreement, the commission would not get any PEG money after ten years. Councilmember Huber stated that there was never any discussion in that direction, and that the member cities want the PEG money up front. Councilmember Krebsbach stated that she wanted the 5110115 year withdrawal provision because that she wants it to be clear that there is no annual opt -out. Mayor Mertensotto felt there should be a basis for opting out but did not agree to the 5110115. He pointed out that there is no PEG money after 10 years and he would never have voted for a fifteen year contract. If a city were to opt out at five years, the rest of the cities would be hostage. Councilmember Huber informed Council that this agreement sends more money back to the cities than ever before. It was noted that several pages of the proposed agreement were not duplicated for the Council packet. Mayor Mertensotto reiterated that he disagrees with the conditions that are being imposed for withdrawal CABLE TV FRANCHISE Council acknowledged a memo from Administrator Batchelder APPLICATIONS regarding applications that have been received by NDC4 for competing franchises for cable television from WideOpen West and GLA Everest. COUNCIL COMMENTS Councilmember Sch eeman informed Council that she has received a number of phone calls lately about the proliferation of cars, boats, etc. for sale in yards. She also commented that she drove by several city parks today and about how nice it is to see them being used by families. Mayor Mertensotto informed Council that St. Thomas Academy is discussing donating land to the city for an ice arena/community center. He also informed Council that he will attend the Mendota Heights Neighborhood Association meeting on June 14. Page No. 23 June 6, 2000 Mayor Mertensotto gave Council an update on the NSP study. Councilmember Dwyer informed Council that he has asked Administrator Batchelder to look into the need for additional safety nets at Mendakota Park and stated that he would like to revisit the issue in the future. He also stated that he believes the city needs an outside consultant for Town Center. Councilmembers Huber and Krebsbach congratulated Recreation Programmer Mary Hapka for her efforts on the Celebrate Mendota Heights Parks event and the excellent attendance. ADJOURN There being no further business to come before Council, Councilmember moved that the meeting be adjourned. Councilmember seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:12 p.m. ILZI— /h�� K thleen M. Swanson City Cleric ATTEST: Charles E. Mertensotto Mayor