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2000-03-21 City Council minutesPage No. 1 March 21, 2000 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 21, 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 Huber moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on March 6, 2000 as amended. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move item 51, Ziggy's Sepcial Event, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for February. b. Acknowledgment of the Fire Department monthly report for February. c. Acknowledgment of a memo from Treasurer Shaughnessy regarding the year 2000 Tax Capacity Rates for Dakota County municipalities. d. Adoption of Resolution No. 00 -16, "A RESOLUTION PROVIDING FOR PUBLIC SALE OF $2,480,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 2000," and Resolution No. 00 -17, "RESOLUTION PROVIDING FOR Page No. 2 March 21, 2000 PUBLIC SALE OF $1,935,000 GENERAL OBLIGATION REFUNDING BONDS OF 2000." e. Acknowledgment of a legal opinion from the City Attorney with respect to cellular antennae within the public right of way. f. Acknowledgment of a memo from Parks Project Manager Guy Kullander regarding the status of the Special Park Fund. g. Authorization to expend up to $350 from the Special Park Fund to purchase materials necessary to assemble Mallard Duck nesting structures in city parks. h. Authorization for Mayor Mertensotto to execute an agreement with the Minnesota DNR for installation of a fishing pier at Rogers Lake Park. i. Adoption of Resolution No. 00 -18, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS ON PROPOSED STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENT PROJECT TO SERVE DELAWARE CROSSING, IVY FALLS, ROGERS LAKE AND SURROUNDING AREAS (JOB NOS. 20001 & 20002, IMPROVEMENT NO. 2000, PROJECT NO. 1)," and Resolution No. 00 -19, "RESOLUTION TO RESTRICT PARKING ON LAKE DRIVE FROM MENDOTA HEIGHTS ROAD TO TRUNK HIGHWAY 149 TO SWAN DRIVE," and Resolution No. 00 -20, "RESOLUTION TO RESTRICT PARKING ON DECORAH LANE FROM PUEBLO LANE TO j. Authorization for the Mayor and City Clerk to execute a contract for planning monthly services with Northwest Associated Consultants, Inc. k. Authorization for the Mayor and City Clerk to execute a Dispatch Services Agreement with the City of West St. Paul. 1. Approval of the issuance of 3.2 Off -Sale Non - Intoxicating Malt Liquor Licenses to Speedway SuperAmerica Store #4516 and Store No. 4521, and approval of the issuance of an On -Sale Non - Intoxicating Malt Liquor License to Mendota Heights Par 3. Page No. 3 March 21, 2000 M. Approval of the list of contractor licenses dated March 21, 2000. n. Approval of the List of Claims dated March 21, 2000 and totaling $213,685.55. o. Acknowledgment of the minutes of the February 9, 2000 Airport Relations Commission meeting. p. Approval of the successful completion of the probationary period for Mary Hapka and authorization for her appointment to regular status as part-time Recreation Programmer with a wage adjustment to Step C, Grade VI of the city's pay matrix ($14,188 annual). Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ZIGGY' S Council acknowledged a memo from Administrative Assistant Hollister responding to a request from Mr. Larry Mack for approval to conduct an outdoor event with live music and a barbecue, approval of a temporary banner sign to advertise the event, and authorization for outdoor seating at Ziggy's. Councilmember Dwyer noted that the request for the banner sign is for ten days rather than five days, as had been approved in the past, and that the staff recommendation is for five days. Mayor Mertensotto stated that the banner sign, which is proposed to be located on the entrance pylon sign, should be checked regularly to make sure that it does not fall down and cause a sight obstruction. Mr. Mack responded that he will check the sign every day. Councilmember Dwyer moved to authorize Ziggy's Deli and Ice Cream to conduct an outdoor event with live music and an outdoor barbecue on Saturday, June 3, 2000 subject to the conditions enumerated in a draft letter to Mr. Larry Mack from Assistant Patrick Hollister dated March 22, 2000, approval of a temporary banner to be placed on a pylon sign for ten days prior to the event, with the condition that Mr. Mack check the sign daily to be sure it has not dome down and caused a sight obstruction, and approval for six outdoor seating tables in front of Ziggy's from April 15 to October 15, 2000. Page No. 4 March 21, 2000 Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 00 -02, KIPP Mayor Mertensotto informed the audience that although the Kipp subdivision application appears on the agenda, the city received a letter this evening from Mr. Kipp's legal counsel requesting that the matter be postponed until April 4. He also stated that he had met with Mr. Kipp and his neighbors at a neighborhood meeting to discuss the proposed subdivision and Mr. Pabst had asked that the Council discussion be postponed because he could not attend this evening. Councilmember Dwyer moved to continue the matter to April 4. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 LIVABLE COMMUNITIES Mr. Ted Mondale, Chair of the Metropolitan Council, and Ms. GRANT AWARD Carolyn Rodriguez, District 15 Metropolitan Council Representative, were present to formally award the city with a $150,000 Livable Communities Demonstration Account, Category E grant for planning and pre- development costs for the city's Town Center plan. Ms. Rodriguez stated that the Metropolitan Council is excited about the proposed Town Center development, as it is the direction the Metropolitan Council is encouraging cities to take. What is especially encouraging is that the proposal came from the city and not the Metropolitan Council. She stated that the Metropolitan Council is delighted to help the city by awarding the grant. Mr. Mondale stated that the Metropolitan Council is excited about the partnership with the city and is also excited about the city's comprehensive plan. The Council thought very highly about the work the city has done. He stated that in the past, it was felt that the Metropolitan Council tried to tell communities what to do, but under the current administration, the Metropolitan Council wants to help cities and townships grow the way they want to. The role of the Metropolitan Council is to look at a project and see how the Council can work with the cities to get to where they want to get in the future. He congratulated the City Council on their efforts. He stated that the Metropolitan Council has received a McKnight Foundation grant and he will be contacting the city within the next year to see what things the Metropolitan Council can help with, in particular on -- a larger, sub - regional basis. Page No. 5 March 21, 2000 Mayor Mertensotto stated that in 1997 the Council agreed amongst itself that something must be done with the T.H. 110/149 quadrant. In the 1950's the state purchased and dedicated right -of -way to realign Highway 149 and construct a bridge. The state no longer has plans for realignment. Part of the right -of -way to the south of T.H. 110 has been used to a develop a senior housing facility that is so successful there is a three year waiting list. The overall master plan for the Town Center development in the northeast quadrant of the intersection includes another senior housing facility. Mn/DOT still has rights, and the undeveloped right -of -way is being used as a construction staging site. There are many problems with the quadrant, and Council is very proud to have come up with a master plan. The city does not have the money to do the project now because TIF is no longer available. The Livable Communities grant will help a good deal on planning for the project, and Council is hopeful that a TIF district will be approved by the legislature. Mr. Mondale responded that communities like Mendota Heights not only understand and know there needs to be a place for senior housing but also that the seniors must have access to shopping and other facilities. He stated that the Metropolitan Council really likes what the city is doing and want to be a partner with the city. The Metropolitan Council wants to continue to be a partner as the city moves towards development of the project as well. STOP SIGN PETITION Council acknowledged a petition for removal of the new stop signs on Decorah Lane and Ocala Lane. Council also acknowledged letters from Mr. Michael Godes, 748 Pontiac Place, and from Ms. Marsha Knuth and Ms. Alice Baier. Ms. Baier was present to represent the petitioners. Ms. Baier stated that the city has been given a petition signed by 200 people who are asking Council to reconsider the stop signs. She stated that the people who signed the petition have the interest of area children at heart and are on common ground with the Council and those who petitioned for the signs but feel that the neighborhood that is impacted should be given an opportunity for input. She stated that she drives along Decorah to and from work every day and she and the others who petitioned have concerns with the safety issues that have been because of the sign. She stated that she understands that Council plans to study that impact over the summer. She asked what statistics Council will be looking for and how they will be recorded. Page No. 6 March 21, 2000 Mayor Mertensotto responded that Council received a petition for the stop sign and it was discussed at two council meetings with no opposition expressed. The petitioners for the sign were very instrumental in getting something done, and it was not until after the signs were installed that the city began receiving feedback. That is why Council scheduled reconsideration for August 1. He informed Ms. Baier that Council hopes that sufficient information gets out the neighborhood about the August meeting so that Council can listen to both sides. There will be press releases to notify the residents prior to the meeting. Councilmember Dwyer stated that he travels through the intersection and will bring his experience to the Council table when the issue is reconsidered. He pointed out that the sign has been defaced and people are not honoring it. Mayor Mertensotto stated that one of the concerns of the first petition was the number of children crossing Decorah to get to the park. Council has asked the police department to monitor the situation and see if this is a place where children really do cross. The crosswalk has not yet been painted, and the proposed street light has not been installed yet because of weather conditions. He stated that those items can be delayed until after the August 1 discussion. Councilmember Krebsbach asked if the people who signed the petition drive Decorah regularly. Ms. Baier responded that they do. She stated that Decorah is a collector street and people are diverting themselves to other routes in the neighborhood since the sign was installed, which is one of her concerns. Councilmember Krebsbach asked Ms. Baier if she has any idea how many people who signed the petition did so because they are opposed to stop signs and street lights as a matter of principle. Ms. Baier responded that she would not be surprised if some people signed because they do not want lights. She stated that she knows the level of pedestrians on a daily basis, and that she thinks the proposed location is not be best location for street lights. She also felt that there are many intersections that have a more dire need for stop signs. Mayor Mertensotto responded that the city has a street light ordinance and if people want them, Council can authorize them. His Page No. 7 March 21, 2000 concern is that there are many people walking in the dark, particularly during the summer months, and there will be an increasing need for street lights from a safety standpoint. He stated that it is important for the city to determine locations for street lights, especially along pedways. Councilmember Krebsbach stated that in her eight years on the Council, Council has been very reluctant to install stop signs. Council agreed to this sign based on the information and concerns of the petitioners. She stated that the issue will be before Council in August and noted that people who have children who are crossing Decorah may not be comfortable with removal of the sign. Councilmember Krebsbach stated that one of the things she would be interested in knowing is whether the speed on Decorah has been reduced because of the stop sign. She stated that Decorah was designed in a manner to keep the speed down and if people were driving carefully without a stop sign, that would be an argument for removing the sign. If the sign has the impact of reducing the speed, that would be an argument for keeping it. Councilmember Schneeman stated that she drove through the intersection to view the sign's impact. She saw five cars on Decorah and three of them went through the intersection without stopping. She noted that there are four stop signs in 4/10 of a mile and no one appeared to be speeding. COYOTE CONTROL Council acknowledged a memo from Police Chief Johnson in response to a letter from Ms. Ms. Tracy Steiner regarding coyotes in the city limits along with a petition asking the city to remove coyotes from the city. Council also acknowledged a report from Police Chief Johnson in response to the letter /petition. Ms. Steiner stated that the coyotes are bigger and bolder that in the past and the more comfortable they become with humans the bolder they are. They come into yards and do not run away when they are chased. She stated that many coyotes have been sighted in the Evergreen Knolls neighborhood and showed Council pictures of an animal carcass that was left in her yard. Responding to a question from Mayor Mertensotto, Ms. Steiner stated that she has not contacted the Wildlife Services but has come to Council to discuss the problem and see what can be done about it. She informed Council that she hired a trapper but he did not get anything in three months. She stated that live traps do not work but that soft leg traps have been effective in the south. Page No. 8 March 21, 2000 Mayor Mertensotto responded that when city staff spoke with the DNR they were informed that that the DNR has not found anything to be effective in controlling coyotes. They also said that that the DNR had not had any reports of coyote attacks in Minnesota. Ms. Steiner responded that in her reading over the Internet, coyotes do attack humans in the south especially because people feed them. She felt that more research needs to be done about what is being done in other states and also there should be something done on public awareness so that people do not allow their pets or small children outside after dusk and so they do not leave food out. Assistant Hollister was directed to contact the Departments of Natural Resources for Arizona, Texas and California, informing them that there has been an increasing population of coyotes in the city and asking what problems those states have had with coyotes and how they are controlling them. STREET SWEEPING BID Council acknowledged a tabulation of bids received for year 2000 AWARD street sweeping. Councilmember Schneeman moved to award the contract for street sweeping to Mike McPhillips, Inc., for its low bid of $63.00 per hour. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto informed the audience that anyone who plans to clean their boulevard area to get rid of street sand should do so before street sweeping starts on April 15. CASE NO. 00 -10, MENDOTA Council acknowledged a revised site development plan and building HEIGHTS ASSOCIATES elevations from the Mendota Heights Associates for a proposed two - building office development on Lexington Avenue at Mendota Heights Road (continued from March 6). Council also acknowledged an associated memo from Assistant Hollister. Mr. Peter Coyle was present on behalf of the applicants. Mr. Coyle reviewed the revisions that had been made to the plans as the result of the March 6 Council meeting. He informed Council that all of the garages are now entered from the sides of the buildings. Page No. 9 March 21, 2000 Mayor Mertensotto noted that the site development plans show a monument sign but Council is only discussing the preliminary plat and lot split at this time. Although the sign is shown on the plan, Council will not approve it this evening, and the applicants will need to return for approvals of the sign and buildings prior to receiving building permits. He stated that Council is primarily concerned about the roof structure and does not want to find that it approves the plat and then building plans come in totally different from what is shown on the current elevations. He stated that there needs to be a written agreement from the developers that the buildings will be substantially as shown on the elevations. Mr. Coyle responded that Mendota Heights Associates will provide a written agreement. Councilmember Krebsbach stated that the applicants' representation on the trail is only to the property line, so she assumed there is room for the trail in the right -of -way. If not, the trail would affect the landscaping for the development. Public Works Director Danielson responded that the engineering staff is studying the Lexington trail layout now but he did not know at this time whether it will fit within the right -of -way. Mayor Mertensotto stated that it may mean that the landscaping plan would have to be moved back a little. He informed the applicants that the city generally builds 8 foot trails. He asked how the issue can be resolved. Mr. Coyle responded that he would be happy to work with city staff and that the plan has been designed to meet all city setbacks. Mayor Mertensotto suggested approving the preliminary plat subject to the developer working with city staff in regards to the trail location. Councilmember Krebsbach moved adoption of Resolution No. 00- 21, "A RESOLUTION APPROVING A PRELIMINARY PLAT ON LEXINGTON AVENUE FOR AN OFFICE DEVELOPMENT FOR MENDOTA HEIGHTS ASSOCIATES, amended to conditions that Mendota Heights will provide a written agreement to build the proposed buildings as shown on the plans presented and that the developer will work with the city in regards to the location of the pedway along Lexington Avenue. Councilmember Dwyer seconded the motion. Page No. 10 March 21, 2000 Ayes: 5 Nays: 0 FORT SNELLING ACADEMY Council acknowledged a letter from the Fort Snelling Academy requesting consideration of a Zoning Ordinance amendment to allow charter schools as a permitted use in the "I" District. Council also acknowledged an associated memo from Public Works Director Danielson. Academy President Peter Kordell and Headmaster Mike Bennett were present for the discussion. Mr. Kordell informed Council that the Fort Snelling Academy recently received its charter to operate a 400 student high school with a college preparatory curriculum and is seeking a location in Mendota Heights. Originally, the school planned to locate at Fort Snelling and renovate the barracks but that got bogged down. Fort Snelling could become a second campus if the situation warrants it. The academy is interested in locating in the former Metro II building in the city's industrial park. Mayor Mertensotto pointed out that Mendota Heights was not the first choice and also stated that he is concerned that the building is available. The building was being used by a consortium of school districts for office use and community education programs and extended day programs, and he was concerned about what School District 197 will do now for community education facilities. He was also concerned about parking and about recreation facilities for the students. Mr. Kordell responded that the consortium that owns the building was disbanded and they are being forced to sell and the tenants must leave. The school district is moving its uses back to its schools. He stated that there are 115 parking spaces plus garage spaces. Regarding recreation facilities, he informed Council that the students are taken out into the community to use community fields that are not being used during the duty. Charter schools generally do not have the availability of fields like standard schools. He stated that the school is primarily academic and its athletic program is mostly fitness. There will be six buses to transport 1/3 to 1/4 of the student body to community facilities. He stated that the academy is looking for a site in Mendota Heights because the parents asked him to look for a site in the area. Mayor Mertensotto pointed out that whenever a use is jammed into an area it was not designed for in the first instance, there are problems, such as insufficient parking. Page No. 11 March 21, 2000 Councilmember Dwyer stated that the fundamental problem is that the area is zoned Industrial, which would only allow a trade school. If Council were to change the zoning ordinance for the use, the industrial district would be opened up to future charter schools. He stated that he was not initially comfortable about giving approval to the proposal and then discovered that the academy is also asking the city to issue bonds. Mr. Kordell responded that the city would be the issuing agency but would have no financial obligation. The building company would be directly responsible for the obligation. He stated that the City of Minneapolis already had given approval to the academy for $7 million, but the school is not being located there. Briggs and Morgan is the underwriting Council and Kenard issues the bonds. He stated that there is a single investor that will purchase all of the bonds. In addition, the academy gets base aid from the state in lieu of a levy. The school cannot own the property, so the building company would own it and lease aid would finance it. Mayor Mertensotto stated that he shares Councilmember Dwyer's concerns. The building is in the industrial area and Council spent a great deal of time on planning for the area. All of the buildings are finished on all four sides and there is substantial landscaping. He did not think it is a good site for a school of 400 young adults. Controlling parking could also be significant. Mr. Kordell responded that the school has the ability to control who can drive and who cannot. Parking spots can also be leased to the students. He stated that he does not want parking to spill out onto the streets. Mayor Mertensotto asked how problems could be corrected after the school is located there. He stated that he would hate to think Council would unload a problem on the industrial park. Mr. Kordell stated that one of the reasons he is before Council is to get input, not to force the school on the city. Mayor Mertensotto stated that the initial use of the building by the consortium of schools was office use and then it became community education and then day care. He felt that the school would be the wrong fit for the location. Page No. 12 March 21, 2000 Mr. Kordell responded that schools are allowed in the B -lA District and the use would fit in the GNB building, which is for sale. He informed Council that he met with the owner this morning about the possibility of the building being Plan B and he is willing to sell the building to the school. There is sufficient parking and it is a good site and location. The building is about 50% larger than the Metro II building, and the highway department has a seven year lease for the second floor. He stated that the bonds are 30 year bonds, so this would be a permanent site for the academy. He informed Council that Normandale Community College is the academy's sponsor and Normandale would bring evening classes to the community and the academy would do post secondary education with Normandale. Mayor Mertensotto informed Mr. Kordell that Roseville Properties just spent a great deal of money putting up its structures and is in the process of getting people into them. He stated that he would like to get input from them on what they would think of 400 high school students in the GNB building. He pointed out that the city has had problems at Sibley High School because of the students' having cars. Mr. Kordell responded that there would be 200 to 250 cars. Councilmember Dwyer asked if he understands correctly that the school district would open its athletic facilities to the academy during off hours. Mr. Kordell responded that they would not be using school district facilities but rather that he would ask that the students use the city's facilities during the mid -day program. He stated that most of the activities will go on within the school — dance, theater, aerobics, weight lifting, etc., but some of the students would be loaded on to small buses and taken to city parks during the noon time. The academy could also use the "Y" for swimming and the Fort Snelling fields. Councilmember Krebsbach stated that Council puts much time and thought into decisions that relate to the schools that have been in the community since 1965. She pointed out that the academy does not have a track record, and the two hour break during the day is really free time for high school students. She pointed out that high school students need a lot of supervision and during the two hour break they would have the ability to roam around the community. Page No. 13 March 21, 2000 Mr. Kordell responded that it is not free time but rather is a structured period. They would only be taking perhaps 100 students into the community. Councilmember Krebsbach stated that at this point the plan works in concept but that the academy has no track record to show Council how it really works. The other issue is that Normandale would be offering college courses. She asked how Inver Hills Community College feels about that. Mr. Kordell responded that Normandale has instances where there are joint venture programs where an individual goes to a technical school for part of a degree and then to another community college to get the remainder of the degree. Councilmember Krebsbach pointed out that Inver Hills and Normandale are in competition with each other. Mr. Kordell stated that Normandale is an outstanding sponsor. He stated that a charter school must have a sponsor that is an educational facility. Councilmember Krebsbach responded that Normandale is an educational facility but they do not produce teachers. She asked what its role is in peer review oversight since Normandale is not involved in K -12 education and does not produce teachers. Mr. Kordell responded that Normandale provides fmancial oversight and accountability of student progress. In order to receive a charter, a charter school must prove to the Department of Education that it has a sound and viable program. The Fort Snelling Academy has been approved by people who know education. Mr. Bennett stated that part what charter schools are supposed to do and the reason many of them are larger than in the past is to try innovative programs and ideas. Mayor Mertensotto stated that Council must deal with land uses. If St. Thomas Academy had wanted to located in the GNB building or Metro II, Council would not say they were proper sites. Council never envisioned there would be a school in those buildings. He pointed out that the Academy is talking about using one of those structures as a permanent facility. Page No. 14 March 21, 2000 Mr. Bennett responded that his group has spent a great deal of money on Metro II because it was a school and he thought it was zoned for school. Administrator Batchelder stated that community education was operating out of the building through an annually renewable special use permit approved by Council in 1995. The school district had 12,000 of the 40,000 square feet in the building, and the special use permit was classified as community education. Councilmember Krebsbach was concerned about the plan to use city parks. She stated that her background is in education, that she has worked in open schools and knows that they can be great places in principle but not always in practice. That is why a track record is so important. Mr. Kordell responded that part of it is design. There will be one instructor for every 20 students, and only 100 of the 400 students will be using city facilities and other facilities at one time. Councilmember Huber stated that he is comparing the academy to St Thomas and Visitation and looking at their facilities, which are quite large. He would have a hard time picturing 400 students at Metro II when St. Thomas probably houses 500 students. Mr. Kordell responded that St. Thomas charges $12,000 per year, so they can provide a Cadillac. Charter schools have a different vision. It is an alternative to traditional schools and parents are given a choice. Many families that are looking for alternative choices. About one -third of the academy's enrollment of students that are coming from private schools to the public school system. They are looking for alternatives in the public school system that are similar to private schools. Councilmember Huber stated that this a land use issue rather than a financing issue. He stated that the academy has indicated that it desires lease aid for the building and asked what funds the school's day to day operations. Mr. Kordell responded that the school will receive general revenue aid per pupil. The school has all the obligations of the public school system, and there are no restrictions to admissions. There is a longer school day and tougher curriculum than in the public schools. Page No. 15 March 21, 2000 Councilmember Huber asked what happens to the bond funding if the school fails. Mr. Kordell responded that the responsibility is the school's and the building company's. The property would either be sold or the building company would own it. Councilmember Dwyer stated that given that there is no track record, he believes that if Council were to take a survey in the city, people would be decidedly against the proposal. Mayor Mertensotto informed Mr. Kordell that it took Council four years to redevelop the southeast corner of the T.H. 110/Lexington Avenue intersection because of neighborhood concerns over the intersection. He further stated that the question is whether the Gould site is an appropriate place for 400 students. Mr. Kordell stated that the school would like to come into the community, if not at Metro II, then at GNB, because that is appropriately zoned. He asked where the school could be located if not at one of those sites. Mayor Mertensotto responded that the Curley neighborhood had a big concern when Mn/DOT leased a portion of the GNB building because of the traffic it might generate. Since that time, the office park was developed. He stated that he would really be concerned about putting in a 400 student school after someone makes such a substantial investment. The school would also be putting considerable stress on the city's recreational facilities. Mr. Kordell informed Council that if he finds site on which to build the school, he could defer starting the school for one year. Responding to a question, he stated that the school is not restricted to a geographic area in its charter and could locate anywhere it wants. The academy sent a mailing to 5,000 families around the Fort Snelling site, including Mendota Heights, Highland Park, St. Paul, Bloomington, etc. He stated that the school could locate in Burnsville or Inver Grove Heights if it wanted to but that he wants to be in the area where the 115 families with enrolled students wants it to be. Mr. Kordell stated that if the two sites are not viable, the third option would be to purchase and build on the land at the end of the Mendota Bridge, which is zoned B 1 -A and is not developed. He asked if he Page No. 16 March 21, 2000 would receive any different reasons as to land use if they were to build a first class facility on the site. Councilmember Dwyer stated that his immediate reaction is that the site would be a spectacular place for commercial or townhouse use. The air noise is awful but the view is second to none, and if appropriate sound attenuation were installed, the site could be ideal for the school. Mayor Mertensotto stated that the Metropolitan Council would likely object because of the proximity to the runway. Safety of the students will be a big factor. He informed Mr. Kordell that there is no public subsidy (TIF) available for the land purchase or development. ' Mr. Kordell responded that the school does not need public subsidy and will be using private funding. He further stated that the academy is not asking the city to participate in the acquisition of the land, making it a buildable lot, or for assistance with noise attenuation. All that will be requested is conduit financing. He stated that if it is amenable to the city, the academy would like to proceed with the third option. Councilmember Dwyer stated that Cannot give a consensus this evening but that he would keep an open mind to that presentation. Councilmember Huber stated that he would consider the site but would not support the other sites. Councilmember Krebsbach stated that being a former K -12 educator, she cannot see the GNB building as being appropriate. The learning environment would be a great deal different on the bluff site, but she would have to look at it fresh. Mayor Mertensotto stated that it is apparent that Council would be amenable to looking at a proposal for the site as long as there is no public subsidy. CASE NO. 99 -30, Council acknowledged a request from Mr. Michael Wandschneider WANDSCHNEIDER for a six month extension of the conditional use permit granted to him for construction of a detached garage at 1289 Lakeview Avenue and a variance to allow installation of a 12 foot garage door instead of a 9 foot door as was originally proposed. The conditional use permit expired on March 7. Council also acknowledged an associated memo from Assistant Hollister. Mr. Wandschneider was present for the discussion. Page No. 17 March 21, 2000 Mayor Mertensotto stated that it is mind boggling that the applicant would think Council would approve a twelve foot door, particularly given the discussion at the time the conditional use permit was granted. Councilmember Dwyer stated that he would not be averse to extending the conditional use permit but that Council is not going to talk about garage height or the 12 foot door, which was not part of the original application. He informed Mr. Wandschneider that if he wishes to pursue the variance for the garage door he must make application and appear before the Planning Commission. Responding to a question about why he needs the oversized door, Mr. Wandschneider stated that he has a topper on his truck and also wants to put his boat in the garage and needs a 12 foot door to get them in. He also has a bobcat to put in the garage and two cars. He stated that he came to City Hall to get the building permit for the garage and was told he could not install a 12 foot door. Councilmember Huber stated that would be prepared to move on the conditional use permit extension but if there is any change at all j from what was approved, it would have to go back to the Planning - Commission. Mr. Wandschneider responded that there was no discussion about the door. Councilmember Dwyer stated that if the 12 foot door is critical, Mr. Wandschneider will have to convince the Planning Commission and Council that there is a hardship. Councilmember Krebsbach stated that she would not be inclined to approve a 12 foot door. Mayor Mertensotto sated that generally, people who request oversized doors are contractors and want to store construction equipment in a residential area. He pointed out that there are many problems that could arise because of a 12 foot door. Councilmember Schneeman suggested that Mr. Wandschneider go back to the Planning Commission. Councilmember Huber stated that Mr. Wandschneider is asking for two things this evening, the extension of the conditional use permit Page No. 18 March 21, 2000 that was originally granted for the garage with a 9 foot door, and a request for a 12 foot door. He stated that the two issues do not need to be tied together. Councilmember Dwyer asked Mr. Wandschneider what he plans to do if Council grants the extension. Mr. Wandschneider responded that he will build the garage if he can get a 12 foot door approved. Councilmember Dwyer pointed out that the oversized door is a change in the conditional use permit and Mr. Wandschneider would have to go back to the Planning Commission. Mayor Mertensotto stated that Council could grant a 60 day extension of the conditional use permit as it was approved if Mr. Wandschneider wants the extension for the garage as it was proposed with a 9 foot door. Councihnember Huber informed Mr. Wandschneider that in all honesty he felt that Mr. Wandschneider would have difficulty getting approval of the 12 foot door, and the matter would ultimately come back to Council. Mr. Wandschneider stated that if he cannot have the 12 foot garage door, he is not interested in building the garage. COMMISSION Council acknowledged a memo from Administrator Batchelder APPOINTMENTS regarding Commission appointments. Councilmember Schneeman moved to reappoint Commissioners Beaty, Leuman, Fitzer, Petschel to the Airport Relations Commission. Councihnember Dwyer seconded the motion. Ayes: 5 Nays: 0 Councihnember Schneeman moved to schedule interviews with applicants for appointment to the Parks and Recreation and Planning Commissions from 8:00 to 10:15 a.m. on April 1 at City Hall. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Page No. 19 March 21, 2000 REVIEW BOARD Council acknowledged a reminder from the City Clerk that the annual Board of Review is scheduled for 7:00 p.m. on Tuesday, April 4. CLOSED SESSION Council acknowledged a memo from Administrator Batchelder recommending that Council conduct a closed session for discussion of labor negotiations. COUNCIL COMMENTS Councilmember Huber updated the Council on the status of NDC4 issues. There was brief discussion over the proposed development of the Shiely site in Lilydale. Staff was directed to contact Lilydale for information about the project and a copy of the associated traffic study. ADJOURN There being no further business to come before Council, Councilmember Schneeman moved that the meeting be adjourned to closed session for discussion of labor negotiations. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:35 p.m. K thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor