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2000-04-18 City Council minutesPage No. 1 April 18, 2000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 18, 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 and Schneeman. Councilmember Krebsbach had notified Council that she would be late and arrived at 7:35. AGENDA ADOPTION Councilmember Dwyer moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 5b, Airport Relations Commission minutes and 5t, Augusta Shores final plat, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Approval of the minutes of the April 4, 2000 Board of Review meeting. b. Acknowledgment of the Treasurer's monthly report for March. c. Acknowledgment of the building Activity Report for March. d. Acknowledgment of the Fire Department monthly report for March. e. Acknowledgment of an invitation to the LMC annual conference. £ Acknowledgment of receipt of the city's portion of the cable franchise fees for 1999. g. Acknowledgment of the tentative recodification project schedule. Page No. 2 April 18, 2000 h. Acceptance of the premium refund option for worker's compensation insurance. i. Approval of the issuance of a temporary liquor license for Beth Jacob Synagogue in conjunction with its annual fund raiser of Sunday, May 21 along with waiver of the license fee. j. Authorization for the purchase of a park trailer from Scharber & Sons for its low quote of $5,163.12. k. Acknowledgment of a memo from Recreation Programmer Hapka regarding Celebrate Mendota Heights Parks and authorization for up to $1,500 for contingency purposes for the event, to be held on June 3. 1. Authorization to schedule a public hearing on proposed increases in the fees for 3.2 malt beverage licenses. m. Approval of the issuance of a sign permit for installation of an 18.55 square foot sign face for Signal Financial Corporation to change the face of the existing ground sign at 1395 Commerce Drive. n. Approval of the issuance of a 3' by 5' sign band sign at 2060 Centre Pointe Drive for Argenta Systems, Inc. o. Adoption of Ordinance No. 340, "AN ORDINANCE AMENDING ORDINANCE NO. 403," and "Ordinance No. 341, "AN ORDINANCE AMENDING ORDINANCE NO. 601." p. Adoption of Ordinance No. 342, "AN ORDINANCE REPEALING ORDINANCE NO. 902," Ordinance No. 343, "AN ORDINANCE REPEALING ORDINANCE NO. 904," Ordinance No. 344, "AN ORDINANCE REPEALING ORDINANCE NO. 905," Ordinance No. 345, "AN ORDINANCE REPEALING ORDINANCE NO. 906," Ordinance No. 346, "AN ORDINANCE REPEALING ORDINANCE NO. 907," Ordinance No. 347, "AN ORDINANCE REPEALING ORDINANCE NO. 909," and Ordinance No. 348, "AN ORDINANCE REPEALING ORDINANCE NO. 1102." q. Adoption of Ordinance No. 349, "AN ORDINANCE AMENDING ORDINANCE NO. 903." Page No. 3 April 18, 2000 r. Adoption of Resolution No. 00 -33, "RESOLUTION DENYING A SUBDIVISION APPLICATION AT 990 WAGON WHEEL s. Approval of the list of contractor licenses dated April 18, 2000. t. Approval of the List of Claims dated April 18, 2000 and totaling $285,780.35. Ayes: 5 Councilmember Huber seconded the motion. Nays: 0 SCHOOL DISTRICT Mr. John Longtin, Superintendent of Schools for Independent School REFERENDUM District 197, expressed appreciation to Council for the opportunity PRESENTATION to inform the community on the May 16 school district levy referendum. Mr. Longtin reviewed the history of operating levies for the school district, stating that the current levy is due for renewal in 2001. The voters will be requested to rescind the existing levy and adopt a new seven -year levy. Mr. Longtin responded to Council questions and distributed a pamphlet containing information on polling place locations and the impact on property taxes if the referendum levy is authorized by voters. A.R.C. MINUTES Councilmember Schneeman asked if close -in departures are good or bad for the city. Administrator Batchelder described the differences between close -in and distant departures and their impacts on the city. Mayor Mertensotto informed Council on other issues, including flight tracks coming off the new Cedar Avenue runway and the position of the city's MASAC representatives and ARC with respect to no fly zones and elimination of a flight track. Councilmember Krebsbach moved to acknowledge receipt of the minutes of the April 12, 2000 Airport Relations Commission meeting. Ayes: 5 Councilmember Schneeman seconded the motion. Nays: 0 AUGUSTA SHORES Council acknowledged the final plat for the Augusta Shores development along with a memo from Public Works Director Danielson and the proposed developer's agreement between Hoffman Homes and the city. Mr. Pat Hoffinan was present for the discussion. Page No. 4 April 18, 2000 Mayor Mertensotto stated that at the MAC meeting held on April 14, he was asked why the city approved the plat for this project. He stated that MAC has been receiving calls from prospective buyers asking if planes fly over the site. He informed the audience that planes do fly over the development area and there is a noise monitor near the site. MAC is concerned that the developers may not be alerting prospective purchasers to the overflights and aircraft noise and wants to be sure that people who buy homes in the development are aware of the noise impact. He asked Mr. Hoffinan to prepare a flyer (disclosure) for City Council review and comment, that would alert prospective buyers about air noise. Mr. Hoffinan stated that Augusta Shores is in the flight corridor and the issue of air noise is very serious to Hoffinan Homes. His firm has retained the consultant who prepares most of the noise studies for MAC in conjunction with David Braslau, and he and Mr. Braslau found that the standards for Augusta Shores exceed current Metropolitan Council requirements for noise attenuation. There will be a notice given to all prospective purchasers to alert them very early on about air noise. Hoffinan Homes will distribute air noise notices with all written material about the development, with all purchase agreements, and with recorded documents in perpetuity. He informed Council that no purchase agreements have been signed to date. Mayor Mertensotto suggested that an article be included in the next city newsletter, if approval is granted to the project, to inform residents that Council has approved a 46 townhome development on Lake Augusta and that the city does not represent that the project is a perfect fit because there will be air noise. By designing the homes to exceed current noise attenuation standards, the developer will be taking steps to prevent the residents who will live there from being impacted inside their homes by air noise, but there will continue to be air noise impacts. It should also be noted in the article that docks will not be allowed along Lake Augusta and motorized boats are prohibited. Councilmember Dwyer asked what kind of security the city has for performance in accordance with the developer's agreement. Administrator Batchelder responded that the developer has submitted a $6,600 feasibility study escrow but there is no security required to guarantee compliance with developers' agreements. Page No. 5 April 18, 2000 Councilmember Dwyer stated that Council cannot redesign the agreement at this time but should incorporate language into future agreements to require an escrow deposit that the city could invoke in the event that a developer does something in an inadequate manner. Public Works Director Danielson reviewed a Mn/DOT required change to the entrance to the development from Highway 13. Councilmember Krebsbach moved adoption of Resolution No. 00= 32, "A RESOLUTION APPROVING THE FINAL PLAT FOR AUGUSTA SHORES." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 NO PARKING PETITION Council acknowledged a petition from Rogers Lake area residents requesting that the city prohibit parking along Wagon Wheel Trail from approximately 900 Wagon Wheel to 953 Wagon Wheel. Council also acknowledged an associated report from Public Works Director Danielson and Police Chief Johnson. Mr. Paul Maczko, 907 Cheri Lane, was present on behalf of the petitioners. Mr. Maczko stated that twenty two individuals signed the petition. The petitioners are concerned that when they walk or bicycle on Wagon Wheel Trail they are put in jeopardy because of the cars parked along Wagon Wheel. He stated that one particular Saturday there were 17 cars parked along the street. Mayor Mertensotto stated that the options are to prohibit parking on one or both sides of the road or to prohibit fishing along the roadway. A resident recently gave the city $4,000 for fishing area upgrades, and the DNR installed an aerator and plans to install a dock in Rogers Lake Park. He stated that it would not be appropriate for the city to accept the donation and then prohibit fishing. He suggested that the city install no parking signs to prohibit parking on the south side of the road. He agreed that parking on both sides of the road could be dangerous for children who might run out from between two cars. Councilmember Dwyer stated that the hot spot for fishing is on the south side and that is where most of the cars are being parked. If parking is restricted on the south side, people will park on the north side and they will have to cross the street. Page No. 6 April 18, 2000 Mr. Maczko responded that there is more room to park on the north side. He also stated that there is little room to park on the south side because the shoulders are narrow and they are eroding because of all the cars parking on them. Sergeant Jeff Piotraschke stated that he was party to some of the conversations about the problem but no a party to the full discussions between the Public Works Director and Police Chief. He stated that all of the options were discussed and the primary concern with no parking was that a parking restriction would force the fisherpersons to park somewhere else, such as on Swan. He felt that parking on one side only would be the best solution because parked cars create an optical barrier to pedestrians. Mayor Mertensotto agreed with Mr. Maczko that the shoulders on the south side are so narrow that the parked cars encroach on the traffic lane. He preferred that parking only be allowed on the north side. Councilmember Dwyer pointed out that another concern expressed in the petition was over litter. He suggested that the city put a trash barrel in the area and perhaps those who park and fish in the area would take the extra step to put their trash in it. Public Works Director Danielson stated that when he visited the site there was a considerable amount of litter and more than one barrel is needed. Mayor Mertensotto suggested that no parking signs be installed on the south side and that the police department issue warnings for violation of the parking ban. If that does not work, Council could amend the parking ordinance in the future so that citations can be issued. Mr. Maczko stated that he has owned his property for over 40 years and he does not want to deny people the opportunity to fish but that he is concerned about the potential dangers and the litter. It was the consensus to direct staff to install no parking signs on the south side of the road in the area recommended by staff and to install two trash barrels in the area where people are fishing. POWWOW Council acknowledged a letter from Mr. Bob Brown, Chair of the Mendota Mdewakanton Dakota Community, inviting Council to attend its planned Welcome Home Traditional Pow Wow. Council Page No. 7 April 18, 2000 also acknowledged an associated memo from Public Works Director Danielson. Mr. and Mrs. Brown were present for the discussion. Mr. Brown informed Council that the Mendota Mdewakanton Dakota Community has 280 adult members who are all descended from the people of Mendota going back at least 170 years. The Community is not a federally recognized tribe but has 501.6 status. The mission statement of the Community is to preserve and protect the Dakota culture and language. There has not been a Pow Wow in Mendota for as long as anyone can recall. St. Peter's Church has given the Mdewakanton permission to conduct a two day Pow Wow on its campus on August 5 and 6. He invited Council and all residents of the city to join the Mendota Mdewakanton community in the Pow Wow. The only reason for a Pow Wow is to honor people, including veterans. He stated that he does have one concern. The community would hope to have a sacred burning for the duration of the Pow Wow and he understands that is not in accordance with city ordinances. The fire would be attended 24 hours a day and would have whatever the city would deem necessary in the way of 'fire extinguishers. The sacred fire is very important to the Mdewakanton as it is used for people offering prayers. It would be a small fire, and the community is very sincere in asking Council to waive the ordinance, which says fires must be extinguished by 11:00 p.m. The community was given permission from the parish to have camping for the event as participants will come from a long distance to participate. The Community will take care of the sacred fire and will provide security for the event. Mayor Mertensotto asked who will be responsible for keeping the area secure. Mr. Brown responded that there usually is not police protection at Pow Wows, as they are very respectful. He did not know how many people will attend but that there could be anywhere from 100 to 500 in attendance. All of the people would not stay all of the time. Mayor Mertensotto stated that the church property is in the City of Mendota Heights and he wanted to know how much an event like this would tax the city's police department. The Mendota Mdewakanton Dakota Community may not create any problems, but there could be an influx of people who do create problems. Mr. Brown responded that the Pow Wow will bring people together to enjoy each other. There will not be any alcohol whatsoever and there will be no drugs. He stated that he has never attended a Pow Page No. 8 April 18, 2000 Wow where there has been any trouble or any need for police protection. Councilmember Dwyer stated that he is concerned about whether there would be food sold and whether there would be portable toilet units provided. Mr. Brown responded that there will be portable facilities, including somemith handicap access. The community must supply a traditional feast at some point in the Pow Wow. Responding to a question from Councilmember Krebsbach, he stated that this is different from the Fort Snelling Pow Wow. This is to welcome back the people who were forced to give up their land in the area of Mendota and leave. The Community's office in Mendota is not for the purpose of organizing the Pow Wow. There are other tasks that the Community is doing,, and it will be here for some time to come, and will hopefully have a Pow Wow each year. He informed Council that there will be a public address system and the drums will be amplified. Mayor Mertensotto stated that the city receives complaints about noise at night. He further stated that the activity will have to be 1 coordinated with the police department. The police department must know what is planned so that they can plan accordingly. The city will also want to know what the Community's security measures will be. The city's police officers know that if the event gets unruly they have the authority to shut it down. Mr. Brown informed Council that he has spoken to Chief Johnson and has informed him that the Community will provide its own security that will patrol all night. The dancing will end at 10:00 p.m. on Saturday night. Most of the attendees will be from the Twin Cities area and most will be going home that night. Mayor Mertensotto stated that he is concerned about intruders and asked Mr. Brown to provide information on similar activities that have been conducted. Mr. Brown informed Council that St. Peter's Church representatives have told him some of the things they expect from the Community and those requirements will be met. Councilmember Dwyer stated that the literature Mr. Brown provided indicates that there has not been a "Wacipi" in Mendota for more Page No. 9 April 18, 2000 than 200 years, so this is a first impression for Council. Council has legitimate concerns over traffic, security, etc. Councilmember Krebsbach stated that St. Peter's must be involved but the city is ultimately responsible for the public health, safety and welfare. Mayor Mertensotto asked Mr. Brown to put a program in writing to present to the police department by June 1 and give the Council a list of people who have had experiences with Pow Wows so that Council can get recommendations. Councilmember Krebsbach stated that she would like St. Peter's Church to submit a letter stating that they are aware of the plan and have them participate in meetings with the city. Mayor Mertensotto stated that St. Peter's should also specify in writing what they are permitting. Responding to a question from Councilmember Dwyer, Mr. Brown stated that there are Pow Wows every weekend during the summer throughout the state and he will give Council a list of where the events are held. Councilmember Huber stated that St. Peter's must provide parking for its members and the parking lot will be used Saturday night and Sunday morning for people coming to services. Mr. Brown responded that he has discussed that issue with Mr. Heimerl from St. Peters and was told that St. Peter's never uses all the parking and they do not foresee any problems. Councilmember Huber stated that Council will need to know when the music will end at night and when it would start in the morning. Also, the letter from Mr. Brown should address concession sales and food. Council should also put a cap on how many people can camp over night. Mr. Brown responded that drums will start at 1:00 p.m. and end at 10:00 p.m. and will start at 1:00 p.m. on Sunday and end at 5:00 p.m. Mrs. Brown stated that the Community would be asking the city for permission to have a sacred fire burning for 24 hours. Page No. 10 April 18, 2000 WETLANDS HEALTH Ms. Mara May and members of the wetlands health team were present to summarize the results of the 1999 Dakota County Wetlands Health Evaluation Program. Council acknowledged a letter from Ms. May, and except from the WHEP Summary and an associated memo from Public Works Director Danielson. Ms. May reported on the work done in 1999 by herself and her seven member citizen team to evaluate the wetlands in Valley Park, Copperfield Park, Visitation Convent property, the Mendota Heights Industrial Park wetlands and Pagel Pond. Ms. May then responded to Council questions. It was the consensus that the Wentworth Park pond be evaluated in 2000. REVIEW BOARD Mayor Mertensotto opened the meeting for the purpose of continuation of the Board of Review meeting. Council acknowledged a status report from County Assessor Peterson. There being no questions or comments from the audience, Councilmember Schneeman moved that the Board of Review be closed. l Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved to formally acknowledge the status report from assessor Peterson, subject to further correction or amendment. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 00 -16, BUELL Council acknowledged a memo from Assistant Hollister relative to continued discussion on Buell Consulting's application for a conditional use permit to allow Metricom to place radio devices on NSP light poles throughout the city and preliminary discussion by WFI (on behalf of Metricom) to install wireless internet antennae on the city's water tower. Mr. Bill Buell was present on behalf of Buell Consulting, and Mr. Paul Harrington was present on behalf of WFI. Mr. Buell informed Council that he has received a letter from City Attorney Hart (directed by Council on April 4) for execution by a Metricom official, and that the letter has been revised by Metricom. Page No. 11 April 18, 2000 Administrator Batchelder stated that he spoke to City Attorney Hart about the revision that Metricom made to the proposed letter of understanding. Mr. Hart felt very strongly that the city should not dilute its discretion and allow the clause "for any reason or no reason" stricken. The executed letter received from Metricom does not include that language. He stated that Mr. Buell has indicated to him that he would be wiling to add the language back into the letter. Mr. Buell stated that right after he spoke to Attorney Hart, the Metricom principals of Metricom agreed to the change but the person who must sign the letter is out of his office at a conference. He asked that Council approve the conditional use pen-nit on the condition that Metricom submit the letter signed and revised by the City Attorney and with the proper documentation. Mayor Mertensotto stated that he understands that the wireless internet proposed by Mr. Buell is not as fast as Council was lead to believe. Mr. Buell responded that fiber optic and ISDN lines have faster internet access but this is the fastest wireless access. Mayor Mertensotto stated that just after Mr. Buell's presentation at the last meeting, another individual asked for permission to place antennas on the water tower for Metricom, and that would be the backbone of the system proposed by Mr. Buell. He asked how council can approve Mr. Buell's application and not approve the backbone system. Mr. Buell responded that the timeline was to get all of the locations for the boxes and then determine where the wired access point can go. The timeline is getting squeezed, and two things must be done at once. The most obvious place in this area for the antennae is the water tower. He is applying for a conditional use permit to put the white (or optional silver gray) boxes on light poles and if the city does not allow Metricom to later develop the location point at the water tower, there are some areas of the city that could possibly be covered by other collection points outside of the city. Mayor Mertensotto stated that the water tower exists to serve the water system and somewhere along the line Council must stop allowing more antennas. Page No. 12 April 18, 2000 Councilmember Krebsbach stated that Council does not make one decision that forces it to make another decision, and Mr. Buell is at his own risk. Councilmember Huber stated that he understands that Mr. Buell suggested using a right -of -way agreement drafted by the League of Minnesota Cities and he also understands that the draft agreement has been revised considerably by the NDCTV group. He felt that Council should look at that revised agreement and stated that he believes the revised agreement would better protect the city in the future. He asked Mr. Buell if Metricom is primarily a reseller of capacity. Mr. Buell responded that Metricom wants to be the city's major internet service provider. Metricom provides the service and users could keep AOL or some other browser if they like. Mayor Mertensotto pointed out that Council does not need to adopt a specific agreement. The letter of understanding states that if the city and Metricom are unable to reach agreement for any reason or no reason, and if Council does not like the right -of -way agreement it can rescind the conditional use permit. He further stated that Council could deny the application because the applicant has not made a provision for what Metricom would do with the units in the case of abandonment. Council wants assurance that there are funds available to have someone remove the boxes, and needs a letter of credit or bond from Metricom. Mr. Buell responded that the worst case scenario would be if Metricom just went away and left the boxes. The risk is still small to the city and Metricom is fully willing to provide a bond. Councilmember Schneeman asked Mr. Buell how Metricom would serve the Copperfield area. Mr. Buell responded that unless the city decides to install poles with unmetered power, areas where there are no existing light poles that have urnmetered power cannot be served. Mayor Mertensotto stated that Council could grant a conditional use permit subject to receiving the letter revised to state that Council can withdraw the conditional use permit for any reason. That would give Mr. Buell time to prepare the details of the right -of -way agreement. Ayes: 5 Nays: 0 Page No. 13 April 18, 2000 Mr. Buell responded that the agreement is crafted such that he will propose a map for Council approval and if Council wishes to change the locations, he will change them. Regardless of who owns the pole, the city has approval over every location. Council directed Councilmember Huber to work with the City Administrator to review the NDCTV right -of -way agreement form. Councilmember Krebsbach stated that she would like reassurance that the radios will not cause interference with any type of communication equipment. Mr. Buell responded that there will not be any interference with anything. Councilmember Schneeman moved adoption of Resolution No. 00- 34, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO METRICOM TO PLACE WIRELESS INTERNET RADIOS ON VARIOUS LIGHT POLES IN MENDOTA HEIGHTS SUBJECT TO CERTAIN CONDITIONS," subject to one of the duly authorized officials of Metricom signing a letter embodying the content of the letter prepared by City Attorney Hart, providing that the city may withdraw the conditional use permit for any reason or no reason and with the understanding that no further approval is implied nor is the city in any manner obligated with respect to approving the wired access point proposed for the water tower; and, further, in the event the city cannot work out an agreement with respect to removal of the boxes in the event of abandonment, that a bond will be provided by Metricom. Councilmember Dwyer seconded the motion. Mr. Paul Harrington, representing Metricom, stated that he understands that there is no obligation by Council to approve the wireless access point and asked if he can begin the process of applying. Mayor Mertensotto stated that consideration of the radio devices and the wired access point are independent of each other but Council wants to develop a policy statement. The League of Minnesota Cities will hold its annual conference in June and one of the sessions will be on telecommunications. He informed Mr. Harrington that he can start his application but it must be with the understanding that there is no implied approval. ALICE LANE Council acknowledged the feasibility report on proposed Page No. 14 April 18, 2000 IMPROVEMENTS improvements to serve the Alice Lane Subdivision Two. Mr. Dale Johnson, owner and developer, was present for the discussion. Mayor Mertensotto stated that he understands that Mr. Johnson wants to do his own construction work but that Council is very loathe to approve developer installed improvements. He was concerned that in those cases where an individual has hired a contractor to install public improvement, the contractor would be working on the municipals system and there could be liens against the city. He stated that the city must require either a bond or a letter of credit if it approves private construction. Mr. Johnson responded that he will provide a bond for 125% of the project cost. Councilmember Dwyer stated that Mr. Johnson proposes to develop the piece of land off of Alice Lane into five lots. Council is tonight discussing Mr. Johnson's request to allow sewer, water, storm sewer, street and curb and gutter to be installed by a contractor retained and paid by Mr. Johnson. If the city is dissatisfied with work its contractor does on a contractor, the city has recourse. He asked why the city is changing its policy. Mayor Mertensotto stated that 99% of the time the city hires the contractor. In all cases, the city does the inspections to be sure everything meets the city's design specifications. Mr. Johnson stated that in this particular case, his contractor has already graded the cul de sac to city specifications. To stop right now he would have to site grade the whole area. The city contractor would have to come in and regrade everything. He stated that he will pay the cost of plans and specifications. Mayor Mertensotto agreed that what Mr. Johnson is requesting is contrary to normal procedure. He was concerned because Council will be faced with infill developments like this in the future. In this case, Mr. Johnson has hired a contractor the city has experience with. Councilmember Dwyer pointed out that when Council last discussed this plat, there was concern from a neighbor about drainage onto his lot. Mr. Johnson responded that he changed the grade of the lots so that they will not cause a water problem. Page No. 15 April 18, 2000 Public Works Director Danielson informed council that the developer normally does the mass grading for the site but it is unusual for them to grade the streets. He further stated that the city's contractor just does the construction on public property. Mr. Johnson stated that he has a preliminary grade onto the cul de sac and he could go back go the same subcontractor and put in the sewer and water and finish the site grading immediately thereafter and save him a lot of money and time. His contractor could complete the project in about three weeks, and his contractor is waiting to do the work. There is no risk to the city and he will post whatever bond the city requires. Administrator Batchelder informed Council that the project has been designed by city engineering. The question before Council is whether the improvements should be installed by the city's contractor, which requires bidding and advertisements, etc., that would delay the time schedule. Mr. Johnson is asking that his contractor construct the project as designed and inspected by the city. Councilmember Krebsbach stated that she does not feel Council should depart from its practice. With respect to drainage, Public Works Director Danielson informed Council that back yard drainage towards the homes to the west has been directed to the streets to the greatest extent possible. The grading plan was approved with the preliminary plat. Councilmember Schneeman stated that she would like to help Mr. Johnson if possible, particularly because staff seem to think it is appropriate and if Mr. Johnson submits a letter of credit. Mayor Mertensotto suggested a $60,000 letter of credit covering the installation of all utilities including the site grading. Council could release part of the letter of credit after the utilities are in and hold the balance until the lots are developed and graded. Mr. Johnson responded that if the city did the work it would not be getting any surety for grading. He informed Council that he is only going to construct one home a year. Mayor Mertensotto informed Mr. Johnson that Council is going to adopt a policy in the near future that Council will not deviate from the practice of the city contracting for public improvements. He Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 16 April 18, 2000 stated that council could direct the Code Enforcement Officer to closely inspect the lots for grading conformance after the lots are developed. Councilmember Huber informed Mr. Johnson that the city had a bad experience with a drainage situation that went on for years and Council is very sensitive to drainage. After further discussion, Councilmember Krebsbach moved to deny the request and continue the normal city policy and procedures with respect to construction of public improvements. Councilmember Huber seconded the motion. Councilmember Krebsbach moved adoption of Resolution No. 00- 35, "RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT, ORDERING OF IMPROVEMENT AND PREPARATION AND APPROVAL OF PLANS AND SPECIFICATIONS FOR SANITARY SEWER, WATERMAIN, AND STREET CONSTRUCTION; AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE THE AREA REFERRED TO AS ALICE LANE SUBDIVISION TWO (JOB NO. 9805, IMPROVEMENT NO. 2000, PROJECT NO. 3)." Councilmember Huber seconded the motion. Mayor Mertensotto moved that it will be the standard city policy in all improvement projects affecting the installation of public utilities that they not only be designed by city engineering but that they also be bid through the city's bidding process and constructed under city contract. Councilmember Huber seconded the motion. COYOTES Administrative Assistant Hollister gave Council a report on his research on coyotes. In summary, he stated that education of the public is the best solution to the problem and particularly informing the public not to feed the coyotes. Council directed that a public education article be included in the next issue of the city's newsletter. TEMPORARY RADIO Council acknowledged a letter from Mr. Eric Schneeman requesting Page No. 17 April 18, 2000 ANTENNA approval to install a temporary antenna on the roof of 2060 Centre Pointe Boulevard. Council also acknowledged an associated report from Public Works Director Danielson. Councilmember Schneeman excused herself from the discussion. Mr. Schneeman informed Council that his company, Search 401k.com, is leasing A building in Centre Pointe and when he initially looked at building out space there, his service provider and internet site talked to U.S. West about bringing in a T -1 line. U.S. West indicated it would take five days. When U.S. West came to the site, they stated that it would be June or July before T -1 could be brought in. His firm is a start up internet business and needs high speed internet access. He looked at alternatives including DSL, but DSL is not available in Mendota Heights. His consulting group came up with a solution for a temporary antenna (a tripod roof tower) off the top of the one story building, about 20 feet in the air. He contacted the company and they can install the antenna immediately. Mayor Mertensotto stated that council could approve a special use permit for the tripod antenna, not to exceed a maximum height, fully extended, of 20 feet. In order that Mr. Schneeman can put some pressure on U.S. West, Council can give Mr. Schneeman a permit for only a two month duration. The pen-nit could be extended as needed. Councilmember Krebsbach pointed that Mr. Schneeman is only asking for the temporary antenna because U.S. West is not providing the service Mr. Schneeman anticipated. Councilmember Dywer stated that this is a wonderful opportunity for Council to reach out to a business person, not just because of his name. He stated that if someone else from the commercial area comes before Council, he would expect that they would be treated the same. Councilmember Krebsbach stated that the immediate need is for Mr. Schneeman's firm to start his business. U.S. West has not been able to provide the service it promised and he needs internet access to run his business. She did not think Council should limit the permit to two months. Councilmember Dwyer pointed out that if Council insisted that Mr. Schneeman go through the wireless antenna ordinance process, it would take considerable time but would require the public hearing Page No. 18 April 18, 2000 process and public notice. He stated that Council must be mindful of the concerns of surrounding neighbors. Mr. Schneeman responded that the landlord of the business park is aware of the request and approves it. One of the real focuses is the temporary nature of the antenna. It was noted that Council is not in favor of towers on commercial businesses but that this would only be authorized on a temporary basis. Councilmember Huber moved to approve a temporary tripod antenna, not to exceed 20 feet in height, for a period of 60 days, based on the facts that this is a commercial business park location, that Search401k.com is a start up business that needs the internet technology, that the antenna would be temporary in nature with a fixed term and limited height, and with the condition that the antenna be removed within ten days of the termination of the special permit. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Abstain: Schneeman COUNCIL COMMENTS Councilmember Huber updated the Council on NDC4 issues. Councilmember Krebsbach stated that she spoke to some members of the Mendota Heights Garden. Club recently and suggested that they make a presentation at the next Council meeting. Administrator Batchelder reminded Council about the upcoming community paint up activity at Henry Sibley High School and the dedication of the Wall of Honor at Somerset School. ADJOURN There being no further business to come before Council, Councilmember Schneeman moved that the meeting be adjourned. Ayes: 5 Councilmember Krebsbach seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 11:19 p.m. 'ZI Z-06� 14 K thleen M. Swanson, City Clerk ATTEST: Charles E. Mertensotto, Mayor