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2000-05-16 City Council minutes-:,Page No. I May '0.0 CITY -OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regiilar-�;Weting Held Tuesday, May 16, 2000 Pursuant to due call and notice thereof; `the regular Anedfin f the Cit}� -t ounci ,City of Moo pta ock, for Ik lit Heights, Minnesota was held at 8:0016'cl p,�m. "at. i t r a C.r V-P; Minnesota. Mayor Mertensotto called the meetjr�g to ,-6 At 1: 0 c o'd were jt&iiibe'rs`J)v',Ty present: Mayor Mertensotto, Counci er,Htibei`Krebsbach 6kd-� chneeman.- AGENDA ADOPTION vq . attoption of tie revised agenda for ,Coun .6rKrebWac h sec.onk`&-­ h e motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES C&ijkilmembei S iridli moved. .6h -eo ip i6val,of the minutes- bf1h reg ul 00-i IR, -M -twn. el-d i-Irfie Una _m$6rDwyer -.-A666nd I t .9, Ayes: 3 Nays: 0 Abstain: 2 Mertensotto,Krebsbach 'of Council, m, emb& Dwyer the com6fit,calendar-'tbr CONSENT CALENDAR y, r, dy- -dppw,�,T the meeting, ,.along .!with lifthori�atiou for execution pf any necessary documents cofitaiii6d th&eim a. Acknowt6dgmeni of th& unapproved minutes Voi� the March' I NDC'4 CQ Wm iiWon,-m6e-fjngan'd the April' --.]�ctitive .1 iv meeting Committee r &ih�.a Commission meeting. b. Acknowledgment of the Treasur'dr' 1,s rnq3iithly report -for.A yil, c Acknowledgm ik of the'llPirt Department yi - Bo r monthly polt April. d. Acknowledgment of the Wbrkers',C! n'l. A.0ran6e premium :dividend for 1999, Page No. 2 May 16, 2000 e. Approval of the permanent appointment of Judy Wonick as Administration Department Clerk-Receptionist, effective June 7, 2000, with advancement to Step C, Level I of the city's pay matrix. f. Acknowledgment of a memo on Special Park Fund activity. g. Authorization for expenditure of up to $2,500 from the Special Park Fund to purchase lumber and materials to construct fifteen (trail map and location) sign structures for city parks. h. Authorization for city staff to seek. proposals for removal and replacement `of wood timber play equipment at Marie Park. i. Authorization for the payment of. $8,909.20, from the election equipment reserve, to Dakota county for the city's share of the cost for seven Accuv6te Ballot Tabulators. j. Approval for the issuance of a permit to Lawrence Sign Company for sign ffice changes at 2360 Pilot Knob Road (Wells Fargo). k: .Authorization for ihe issua' nce of a *'* purchase order to Road Surface Technologies, Inc., for its quo e of $1.05 per square yard of liquid road surface treatment to be applied to the trail adjacent to Huber Drive. 1. ,Approy6l to -remove th6,existing bituminous street surface, except for a width of eight feet that would be maintained for the continuation of the existing.bituminous trail, from the west end of the Apache Lane cul-de-sac, south to. the Friendly Hills Middle School property, and convert the existing paved surface to a turf area. in. Adoption of a revised job description for the position of Police Sergeant. n. Adoption of Resolution No:. 00-42, "A RESOLUTION ADOPTING A MORATORIUM ON THE INSTALLATION OF EXTERNAL MOUNTED ANTENNAS WITHOUT A UNINTRE o. Adoption of Resolution No. 00-43, "A RESOLUTION REQUESTING DAKOTA COUNTY ASSISTANCE IN Page No. 3 May 16, 2000 CONDUCTING A WASTE DISPOSAL INVESTIGATION AT THE TOWN CENTER SITE." p. Approval of the list of contractor licenses dated May 16, 2000. q. Approval of the List of Claims dated May 16, 2000 and totaling $205,473.80. Acknowledgment of an Opinion from City Attorney Tom Hart regarding Stop Signs. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 AWARDS PRESENTATION Mayor Mertensotto presented service award plaques to the following former advisory commission members in recognition of the time and effort they dedicated to the city: Dan Tilsen, Planning Commission member from April 1989 through March 2000; Carol Damberg, Parks and Recreation Commission from May 1985 through December 1999; Steven Kleinglass, Parks and Recreation Commission from November 1989 to August 1998 and Planning Commission from August 1998 through March 2000. PUBLIC COMMENTS Mr. Sten Gerfast, 1802 Valley Curve, informed Council that he is co-chair of a neighborhood group that would like to be involved in city decisions. He stated that the group, the Mendota Heights Neighbors, has started its own web page. He presented and reviewed a survey of people between Marie Avenue on the north and the Fina station on.the south, and between Knob Road and Valley Curve on the east and west. He summarized the group's concerns as being the density of the Town Center plan, traffic, preserving existing businesses and the proposed three story senior housing building. Mayor Mertensotto informed the audience that the Dakota County CDA has indicated it would consider building a two-story structure rather than a three story building, and Council can work on that. With respect to traffic, he stated that the concept design has not been finalized, so Council does not know at this time what the traffic counts will be. SHE did make a study and found that the concept of the development would not pose a burden on the T.H. 149/110 intersection. Page No. 4 May 16, 2000 Responding to a question from Mayor Mertensotto, Mr. Gerfast stated that the neighborhood association would like to see the intersection upgraded. Mayor Mertensotto stated that until the property comes under single ownership there cannot be any uniformity. The city must assemble the project. He informed the audience that Dakota County is considering spending some of the surcharge it received for disposal to investigate and review what it would take to clean up sites like the Town Center site. The city also was successful, through the legislature, in getting special legislation to extend the city's tax increment district to 2006. The bill is awaiting signature by the Governor. The money that is captured in the TID through 2006 can only be used for the T.H. 149/110 intersection redevelopment. He acknowledged the efforts of the senators and representatives who represent Mendota Heights, the Dakota County Board and Mr. Mark Ulfers from the Dakota County CDA. He stated that the Metropolitan Council felt that the Town Center concept is superb and gave the city its support. Mr. Torn Norman informed Council that Mr. Gerfast and Mr. Dave Mandt are co- chairs of the neighborhood association. The association requests that it be part of the planning process and does not want to miss out on something. They would like to be present at meetings to observe. Mayor Mertensotto' responded that Council must determine the economic feasibility of retail and will have a market study done to see whether it is viable. Mr. Norman stated that the association would like to have someone present when Council meets with people who will be doing the study so that the group can understand what is going on as it happens. Mayor Mertensotto responded that Council would have no problem with the request but there should be just one contact person for the city to notify. Mr. Norman responded that the group does not need to have input at the meetings but would like to have someone present at the meetings so that they know what is going on. Mayor Mertensotto stated that the city can certainly notify Mr. Norman when Council meets with people unless there are privileged communications between the city and a property owner involved. Page No. 5 May 16, 2000. Mrs. Joan Cochrane submitted a copy of the neighborhood association bylaws and stated that the association would like to have a continuing good relationship with Council and will continue as a neighborhood association after the current issue. Dr. Hinson stated that he would like to expand his animal hospital and asked how long the moratorium will be in effect. Mayor Mertensotto responded that a moratorium was adopted for one year. During that time, the moratorium applies to all properties within the redevelopment district. Dr. Hinson stated that it is not his intention to take advantage of the situation but he would like to move a wall and rearrange internal walls. The work will not increase the value of his property, but he needs to expand his reception area. The estimate to do the remodeling, which involved removing a wall and window and constructing a desk, is $12,000. City Attorney Hart stated that ultimately in a condemnation proceeding, the question is the value of what is taken. He stated that he has not run across a situation where there have been improvements made to a property during a moratorium. Any agreement by Council would not be binding on a new owner unless the agreement were recorded, but there is no guarantee that the judge would consider that. Mayor Mertensotto stated that in a condemnation, there is a date of taking and the appraiser must come up with a value on the date the taking is made. They do not like to have situations where there is agreements that invade on their opinions. Once a contractor starts opening the structure there could be ftuther problems and added costs. Mr. Hinson responded that one of the contractors who looked at the building said he would not have to do anything with a bearing wall. He did not know what the cost would be if the contractor does need to do something with a bearing wall. Councilmember Huber stated that he would be willing to consider a $2,000 to $3,000 remodeling but nothing that would involve a bearing wall. Page No. 6 May 16, 2000 Mayor Mertensotto stated that he considers $12,000 to be a major upgrade, and this is not the forum for Council to make a deal without staff study. He stated that if Dr. Hinson wishes to do something he should make a proposal to city staff. Administrator Batchelder stated that the moratorium applies to all building permits in this district and remodeling would require a building permit. Staff has informed Dr. Hinson that he could not ask for a building permit without a waiver from Council. He suggested that Dr. Hinson submit a letter and staff would review the letter and place the issue on a future Council agenda as a regular item of business. Mayor Mertensotto cautioned that the moratorium applies to everyone, and once council starts to open the door others will make requests as well. He stated that Dr. Hinson can submit and letter for staff review and report to Council. BID AWARD, ALICE LANE Council acknowledged a memo and tabulation of bids received for construction of improvements to serve Alice Lane Subdivision No. 2. Engineer Marc Mogan briefly reviewed the bids and responded to Council questions. Councilmember Huber moved adoption of Resolution No. 00-44, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR SANITARY SEWER, WATERMAIN, STORM SEWER, STREET IMPROVEMENTS AND APPURTENANT WORK TO SERVE THE AREA REFERRED TO AS ALICE LANE SUBDIVISION TWO 9JOB NO. 9805, IMPROVEMENT NO. 2000, PROJECT NO. 3)," awarding the contract to Ryan Contracting Company for its low bid of $47,530.50. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 BID AWARD, AUGUSTA Council acknowledged a memo and tabulation of bids received for SHORES construction of public improvements to serve the Augusta Shores Addition. Engineer Mogan informed Council that staff is trying to accommodate Larson's Greenhouse with access off the entrance road because Mn/DOT will not give him access. He stated that he met with Mr. Larson and the Augusta Shores traffic engineer today and the engineer wants to know what kind of traffic there will be from Page No. 7 May 16, 2000 the greenhouse and what impact that would have on the entrance to Augusta Shores. Mayor Mertensotto stated that this is the only access the residents of Augusta Shores will have to their homes. The greenhouse currently has access from T.H. 13 and not from a city street. Councilmember Huber stated that if the greenhouse is to have access from the entrance road to Augusta Shores, it would have to be well planned out because traffic goes by very fast. Engineer Mogan responded that Mn/DOT is forcing the issue. They have approved what the city is doing and staff is trying to accommodate Mr. Larson, who would rather have access from T.H. 13. Mn/DOT will not give him access. Mayor Mertensotto stated that access to Augusta Shores had been approved by Mn/DOT and the Larson matter is between Mr. Larson and Mn/DOT. He felt that giving access to a commercial operation on the only access to this upscale development would be questionable. Councilmember Schneeman suggested that all affected parties should be brought together to discuss the issue. Engineer Mogan informed Council that the original access that was designed was taken away because Mn/DOT wants to line up the city street with Acacia. If Mr. Larson is to have access, the road would have to be constructed heavier and wider than planned. Mayor Mertensotto informed Engineer Mogan not to approve anything on behalf of the city with respect to access for Larson's Greenhouse. Councilmember Krebsbach moved adoption of Resolution No. 00- 45, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR SANITARY SEWER, WATERMAIN, STORM SEWER, STREET IMPROVEMENTS AND APPURTENANT WORK TO SERVE THE AREA REFERRED TO AS AUGUSTA SHORES (JOB N0 9904, IMPROVEMENT NO. 2000, PROJECT NO. 4)," awarding the contract to Erickson Construction for its low bid of $351,671.50: Councilmember Schneeman seconded the motion. _.I Ayes:5 Nays: 0 Page No. 8 May 16, 2000 HEARING: EASEMENT Mayor Mertensotto opened the meeting for the purpose of a public VACATION hearing on an application from Randy Geller for vacation of a portion of the drainage easement running across the rear yard at 1427 Knollwood Lane. Council acknowledged an associated report from Public Works Director Danielson. Council also acknowledged a letter from Mr. & Mrs. Thomas Krause and from Loucks Associates. Mr. & Mrs. Geller were present for the discussion. Responding to a question from Mayor Mertensotto about whether both of the lots next to the Geller's lot have been developed, Mr. Geller stated that only the lot to the southeast has been developed. Mr. Geller informed Council that he has reviewed the proposal with the property owners (the Krauses) and with the Geller's engineer, who also was the engineer for the Ivy Falls South Addition. He stated that he has discussed with the engineer ways to make it feasible to install the swimming pool he wants to construct in his back yard without any negative impact on the Krause property. He has agreed to the Krauses' request that he resurvey the drainage swale, raise the existing berm to the bottom of the back fence and will place I i/2 to two inches of rock in the swale between the pool and the fence. He informed Council that the entire project is satisfactory to the Krauses. Councilmember Huber stated that he visited the property and met with the Krauses and Gellers two weeks ago and that the Krauses were very supportive of the proposal. He stated that there are two issues: that the drainage is properly done for both the Krause property and the undeveloped property adjacent to the Geller property and to make sure the drainage is correct all the way to Ivy Lane. Councilmember Schneeman expressed the concern that when the property next to the Geller lot develops, that the drainage not impact the Hansen property. Mayor Mertensotto stated that the problem he has is that Louck Associates were retained by the developer of Ivy Falls South and worked with the developer and city staff to come up with a drainage easement, about two years ago. Louck and the city staff determined just a short time ago that the 40 foot easement was needed and now the same engineering firm is saying it is not needed. He questioned what has changed, and stated that if the vacation is approved and there is a later drainage problem it would be. the city's responsibility Page No. 9 May 16, 2000 because Council has approved the drainage pattern. He questioned why the same engineer who recommended a 40 foot casement now says a thirty foot easement is appropriate. Mr. Geller responded that when the 40 foot easement was put in, the houses had not been constructed. Since the house was built on the property, the existing drainage swale has not caused any problems. The engineer has surveyed the land and has determined that only ten feet is being used for drainage. The other 20 feet is wet. City staff has looked at the property and has indicated that what is proposed is feasible. Also, once the project is finished he will take on the burden of making sure there are no problems. Councilmember Huber stated that Council must make sure that the water is dealt with. The second issue is that the Gellers created their own hardship. He was concerned that Mr. Geller controls the property his house is located on but when the neighboring property develops, if there is a problem on the Hansen property the Gellers will not have any control. He asked how Mr. Geller could fix a problem that may occur after the future house is built. Mr. Geller responded that he does not see how what he is proposing to do affects the property next door. Councilmember Huber responded that he is concerned that the Hansens are not creating the problem. Mr. Geller stated that what he is proposing will not change the drainage because only ten to twenty feet of the casement area is being used for drainage. It will not change the amount of water. The burden is on him to have the easement re-engineered and resurveyed and there will not be any more water going to the lot than is going there now. Mayor Mertensotto stated that there is a drainage system that was approved for the development. If a one hundred year storm occurs in the future and the Gellers no longer live there, the city would have the responsibility. Council approved a drainage system in the first instance and now would be saying it is not necessary. He stated that all of the city's drainage systems are predicated on a one hundred year storm. Although Mr. Geller is saying that it is his burden, Council approval of the vacation would be doing something contrary to the original design. If the flow of water is changed there could be problems, and the city undertakes the responsibility. He pointed out Page No. 10 May 16, 2000 that the developer of Ivy Falls South would not have given the city a forty foot easement unless it was necessary. Councilmember Dwyer asked what the normal width of a drainage easement is. Mayor Mertensotto responded that an easement is as wide as it needs to be to take care of problems. Councilmember Dwyer stated that forty feet is an extremely large easement and someone must have felt there needed to be an emergency wide overflow area for a one hundred year storm. Mr. Geller responded that the original parties are involved and they say that what is proposed will work. City staff has also said it would be feasible. Public Works Director Danielson responded that when the plat was being developed, it included the adjacent neighbors. Those neighbors pointed out that all the water drained towards them and they had had some problems with drainage off the site. That was one of staff's maj or concerns at the time, and that is why a normal easement width was not designed. In addition, a berm was installed to block the water. The Gellers hired the same engineer to look at the plan with their home in place. One of the city's engineering staff visited the site and has reviewed the Geller plan. He felt that the Geller plan will work as designed, but obviously the conservative approach would be to retain the forty foot easement. Mayor Mertensotto stated that he is concerned about everyone downstream. He further stated that he does not relish the idea that the same engineer was used. Mr. Geller responded that he felt someone who is familiar with the development would be better. Councilmember Krebsbach stated that she recalls when the land was platted that Council was very concerned about runoff. She stated that she would be interested in receiving the information that Council had at that time. One big concern is water coming into Ivy Lane if there is no catch basin there. Engineer Mogan stated that there is a catch basin in the southeast quadrant of Cherry Hill and Ivy Lane. Page No. 11 May 16, 2000 Councilmember Krebsbach stated that Council has been faced with situations where neighbors have had problems and put catch basins in back yards. He asked if there are any alternatives should the water become a problem when the neighboring lot is developed or if the pool causes a problem. She asked whether a catch basin could be installed between the Geller property and the lot next door. Engineer Mogan responded that it could be done but it would not be simple. A small pipe could be installed from Ivy Lane to the yard, along with a small inlet in the lot with a safety grate on it, but that could cost $ 10,000. Councilmember Schneeman asked how the drainage is on Cherry Hill Road. She stated that there are many problems with water in people's basements, particularly the Hansen's. Mr. Mogan responded that part of the reason for the extra width of the easement was to build a berm to cut the water off from going in the direction of the Hansens. The Hansen lot does not drain well, and if the lot takes water from areas to the east, it would cause problems. If the lot next to the Gellers is graded correctly it should be able to handle the water. Councilmember Dwyer stated that Mr. Geller wants to put a swimming pool in his back yard. He asked if that can be redesigned so that it does not encroach on the easement. Mr. Geller responded that it can, but part of the impetus for where the pool is placed is safety. He has a small child and is concerned about the pool being to close to the house. The lot is 140 feet across the back, and he is only talking about encroaching on the easement for a small area. The proposed pool location is 16 feet from the house rather than 10 feet if the vacation is not approved. He stated would like to have the extra area for people to walk around the pool, and that he would not have gone through the vacation process if he was not concerned about safety. Councilmember Dwyer asked Mr. Geller if he could accomplish the 16 foot separation and not encroach if he had a smaller pool. Mr. Geller responded that he could but the pool would be 14 feet wide, which would be unusual. He can construct the pool farther from the house without encroaching if the pool becomes unusually skinny. Page No. 12 May 16, 2000 Councilmember Schneeman asked the normal size of a pool. Mayor Mertensotto stated that a pool can be as large as someone wants it. He stated that there is no hardship. Councilmember Dwyer stated that there is room for a pool and it would be a good sized pool that would comply with the city-required ten foot separation from the house. Councilmember Huber stated that he understands Mr. Geller's frustration, but the project should be better thought out in terms of where the pool would be. Councilmember Dwyer stated that he recalls that Council was extremely cautious with this development and very concerned about runoff to Ivy Lane, etc. He did not know what the solution is but if he could be convinced that the level of caution Council exercised at the time is not necessary to the same degree and if in fact the berming is being adjusted, he would consider the vacation. Mayor Mertensotto stated that he is concerned about the potential liability to the city. Council has been very reluctant to release casements. The more he looks at the proposal and considering the use of the same engineering firm that worked on the original development, the more reluctant he becomes. City engineering looked at the site and the proposal but Council is charged with the responsibility of looking ahead to determine whether Council would be opening the city to ftirure liability. If something is not done correctly the first time, the city pays for the mistakes. In this instance, the city would be exposed to liability. City Attorney Hart prefaced the following statement by informing Council that his firm has a long term relationship with the Geller family. He stated that the law is that the city has an easement and has no obligation to release that easement unless it has no foreseeable use for it. If there is a foreseeable use, the city should not release the easement. If engineering would determine there is no use for the easement and no foreseeable use of the easement, that is another matter, but this is a legislative decision of the Council and it is up to Council's discretion. Councilmember Dwyer stated that the issue comes down to a situation where the size of the pool the Gellers desire can be put into the back yard and maintain the required 10 foot separation from the house without tampering with the original decision that required the Page No. 13 May 16, 2000 forty foot easement. There are many homes downstream, and he felt Council should leave the 40 foot easement in place and the Gellers should be watchful of their children if they are concerned over safety. Council must look out for the interests of the people down stream. Mayor Mertensotto asked for questions and comments from the audience. REFUNDING BONDS Council acknowledged a memo from Treasurer Shaughnessy regarding a request from the Dakota Business Center Associates for reftinding and refinancing of the industrial development revenue bonds for the Dakota Business Plaza. Ms. Jenny Grain, from Briggs and Morgan, was present for the discussion. Ms. Grain and Treasurer Shaughnessy responded to Council questions. Ms. Grain informed Council that the city does not assume any responsibility and there will be covenants in the loan agreement that the borrower will be responsible for any actions against the city. Councilmember Schneeman moved adoption of Resolution No. 00- 46, "RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $2,300,000 VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS (DAKOTA BUSINESS PLAZA PROJECT) SERIES 2000 TO REFINANCE A PROJECT," and to direct staff to receive the expense fee and process the proposed refinancing. Councilmember Dwyer seconded the motion. Ayes: 5 There being no questions or comments, Councilmember Dwyer moved that the hearing be closed. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Dwyer moved to deny the application for easement vacation. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach stated that she voted in favor of the motion but would be interested in an assessment of the need for the 40 foot easement now that the neighborhood is developed. If a catch basin could be installed to protect the Hansens after the adjoining lot is developed, she would reconsider the vacation request. REFUNDING BONDS Council acknowledged a memo from Treasurer Shaughnessy regarding a request from the Dakota Business Center Associates for reftinding and refinancing of the industrial development revenue bonds for the Dakota Business Plaza. Ms. Jenny Grain, from Briggs and Morgan, was present for the discussion. Ms. Grain and Treasurer Shaughnessy responded to Council questions. Ms. Grain informed Council that the city does not assume any responsibility and there will be covenants in the loan agreement that the borrower will be responsible for any actions against the city. Councilmember Schneeman moved adoption of Resolution No. 00- 46, "RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $2,300,000 VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS (DAKOTA BUSINESS PLAZA PROJECT) SERIES 2000 TO REFINANCE A PROJECT," and to direct staff to receive the expense fee and process the proposed refinancing. Councilmember Dwyer seconded the motion. Ayes: 5 Page No. 14 May 16, 2000 Nays: 0 HRA(CDA) TOWNHOMES Council acknowledged a memo from Public Works Director Danielson regarding the developer's agreement, final plans, formalization of building conditions and Metropolitan Council Livable Communities Grant Agreement for the CDA's townhome project on Lexington Avenue. Council also acknowledged the grant agreement, a letter from City Attorney Hart regarding the developers agreement, and the draft developer's agreement. Ms. Kari Gill, Deputy Director of the CDA (Dakota County Community Development Agency), was present for the discussion. City Attorney Hart stated that the incorporation of the site plan for the project into the developer's agreement would be appropriate to satisfy Condition 9 of the city's resolution that approved the development (Resolution No. 99-36). Ms. Gill responded that if the city attorney will prepare the appropriate language, she will incorporate that language into the agreement. After brief discussion, Councilmember Huber moved approval of the Developer's Agreement, amended to incorporate language to be prepared by the City Attorney, approval of the Metropolitan Livable Communities Act Local Housing Incentives Account Grant Agreement along with authorization for its execution by appropriate city officials, and approval of the Assignment and Assumption Agreement between the city and the Dakota County Community Development Agency. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PROPOSED ORDINANCE Council acknowledged a memo from Assistant Hollister regarding AMENDMENT a proposed amendment to the Zoning Ordinance to exempt certain covered porches from the need for variances. Councilmember Dwyer explained that at the last Council meeting an applicant appeared before Council to add an entry way to his home. The Planning Commission felt that the zoning ordinance should be amended so that minor changes like the applicant's would fall under an exception clause. Council wanted to wait to discuss the matter until all five Council members were present. Page No. 15 May 16, 2000 It was the consensus to refer the proposed amendment to the City Attorney for review. METRICOM RIGHT-OF-WAY Council acknowledged a memo from Public Works Director AGREEMENT Danielson regarding the "first reading" review of a right-of-way permit request from Metricom to allow the installation of radio receivers (for high speed internet access) on utility poles within the city. Mr. Bill Buell was present on behalf of Metricom. Councilmember Krebsbach asked whether the Metricom system is already dated technology for data transmission and whether wireless internet is going to go on satellite. Mr. Buell responded that the system is not dated and that almost any wireless technology can be digital and any radio frequency can be digitized. The way the system works is the wireless transmission goes from a computer via an antenna to an access point. Councilmember Dwyer stated that everything is moving very quickly and no one really knows what will happen five years from now. Mr. Buell responded that it only takes five minutes to remove the radios. Councilmember Kxebsbach stated that the city is protected if in fact satellite technology moved much quicker, because the right-of-way agreement provides that the boxes will be removed. Mr. Buell stated informed Council that Metricom has crews that will map the cities, going to each pole and determining the coverage for each pole. He reviewed the official map of the first proposal on where the 3 8 boxes would be. Councilmember Huber stated that the cable people that the city should focus on right-of-way issues and not on franchising issues, and that this would not fall under a franchise. Attorney Hart stated that Council should review the cable franchise agreement when the right-of-way agreement is analyzed. Mr. Buell stated that tinder federal law, cities are prohibited from setting up franchises for these systems. He informed Council that Metricom's surveyors felt that the southeast area of the city does not have as many poles as they would like, so there may be some very Page No. 16 May 16, 2000 small pockets that will not be able to be covered at the start. He asked Council to allow Metricom to install accordning to the map and once the units are installed throughout the Twin Cities, he will try some creative ways to fix the holes. He stated that he has learned that the boxes can be inverted and put on buildings, so that could be installed on the roof of the middle school or even on a home. The city has control over which poles the boxes go on, and if Council does not want them on the decorative lights, they will not be placed there. Mayor Mertensotto stated that Council does not want them on any shoebox lights. He informed Mr. Buell that Council will have staff review the list and place the matter on the June 6 agenda. He informed Mr. Buell that Council adopted an antenna moratorium this evening and reserved the right to waive the moratorium on a case by case base because some people will not be able to wait for the needs assessment to be completed. He stated that the cable commission has developed a proposed right-of-way ordinance. He asked Mr. Buell if he has checked the proposed ordinance to see if there is anything in the proposed city agreement with Metricom that conflicts with the proposed cable commission ordinance. Mr. Buell responded that he is familiar with the League of Minnesota Cities ordinance and the proposed agreement between Metricom and the city complies with that proposed ordinance. DAMAGE CLAIM Mayor Mertensotto informed Council that a claim has been submitted to the city for damages from a sewer back up. He stated that the individuals claim that they have incurred $4,095 in expenses, and he would hate for the matter to go to lawsuit because of the expense to the city. He recommended that the city pay the claim on the basis that endorsement of the check by the payees constitutes a general release to the city with respect to the nature of the claim. Councilmember Schneeman moved to authorize payment of $4,095 to Mr. & Mrs. Kevin Milberry in settlement of a claim for damages from a sewer back-up at 1000 Oxford Court. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Huber gave Council an update on cable issues, informing Council that two companies have come before NDC4 wanting to bid for cable franchises. He stated that there could be a second cable provider that would be stringing its own lines, which Page No. 17 May 16, 2000 would duplicate everything that now exists and impact the city considerable. Mayor Mertensotto stated that Council would not want the city's newly reconstructed streets to be torn up. Councilmember Krebsbach congratulated parents of Somerset School students for the recently dedicated Wall of Honor. Mayor Mertensotto directed Administrator Batchelder to notify the public works/engineering staff that when they get involved in claims investigations, they should not make representations on behalf of the city, particularly with respect to maintenance. ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:39 p.m. kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor