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1997-01-07 Council minutesPage No. 1 January 7, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 7, 1997 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, 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 Koch, Krebsbach and Huber and Smith. OATH OF OFFICE City Clerk Kathleen Swanson administered the Oath of Office to Mayor Mertensotto and Councilmembers Huber and Krebsbach. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 3 Nays: 0 Abstain: 2 Huber, Krebsbach Ayes: 4 Nays: 0 Abstain: 1 Mertensotto Councilmember Smith moved approval of the amended minutes of the December 3, 1996 meeting. Councilmember Koch seconded the motion. Councilmember Krebsbach moved approval of the minutes of the December 4, 1996 adjourned meeting as amended. Councilmember seconded the motion. Councilmember Smith moved approval of the amended minutes of the December 11, 1996 adjourned meeting.. Councilmember Koch seconded the motion. Councilmember Krebsbach moved approval of the amended minutes of the December 17, 1996 regular meeting.. Councilmember Koch seconded the motion. Page No. 2 January 7, 1997 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move item 6i., donation from Lloyds Meats, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the December 11, 1996 Airport Relations Commission minutes. b. Acknowledgment of the Building Activity Report for December, 1996. c. Adoption of Resolution No. 97 -01, "RESOLUTION ESTABLISHING 1997 CITY DEPOSITORIES OF FUNDS." d. Adoption of Resolution No. 97 -02, "RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 1996." Acknowledgment of a memo from Code Enforcement Officer Gill and authorization for the issuance of a sign permit to allow installation of a wall mounted sign on the Gopher One Call building, located at 2020 Centre Pointe Boulevard in accordance with its application and plan.. f. Adoption of Resolution No. 97 -03, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR FRIENDLY HILLS STREET REHABILITATION (IMPROVEMENT NO. 95, PROJECT NO. 6)." g. Acknowledgment of a memo from the City Clerk regarding the status of copier acquisition. h. Approval of the permanent appointment of Scott Patrick at a Mendota Heights police officer, retroactive to November 25, 1996, at a salary rate commensurate with the current labor agreement including educational incentive pay of 5% per year i. Acknowledgment of receipt of the adopted 1997 budget. j. Acknowledgment of the following communications regarding Case No. 96 -26, Beckmann: letter from Mr. John Bellows regarding city retention of an expert to analyze radio frequency interference; letter from Mr. Beckmann regarding transmission of technical data on communications effectiveness; and letter from Owl Engineering regarding Page No. 3 January 7, 1997 communications effectiveness of an antenna boom height of 16 feet.. k. Approval of the List of Claims dated January 7, 1997 and totaling $323,510.60. 1. Approval of the list of contractor licenses dated January 7, 1997 and attached hereto. m. Authorization to subscribe to the "Airport Noise Report" for one year, at a cost of $495, funding to be from the Air Noise Consultant line item in the Planning Budget. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ACTING MAYOR Mayor Mertensotto moved to appoint Councilmember Smith to serve as Acting Mayor for 1997. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Smith OFFICIAL NEWSPAPER Council acknowledged a memo from the City Clerk regarding appointment of an Official Newspaper for 1997. Councilmember Koch moved to designate the Southwest Review as the City's Official Newspaper for 1997. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 DONATION Council acknowledged a memo from Fire Chief Maczko regarding receipt of a $500 donation from Lloyds Food Products in appreciation for Fire Department response to a recent chemical emergency. In his memo, Chief Maczko informed Council that the donation has been deposited in the Relief Association Dance Fund as has been department practice. Mayor Mertensotto stated that accepted public audit standards and IRS rules stipulate that all public bodies must acknowledge gifts to that public agency. He further stated that all donations or gifts to the city that are acknowledged by Council should go to the city fund for the department to which it is donated, unless the donor dedicates the gift to a special purpose. He pointed out that the Fire Department is Page No. 4 January 7, 1997 asking that the money go to the relief association, but the donation is to the fire department, which is funded by the city's taxpayers. He stated that unless the intent of the donor is that it be dedicated to the relief association, it should go into the general fund. He pointed out that the dance fund can be used for any purpose, and when the fire- fighters sell dance tickets, the tickets state that the money goes to the Relief Association. He stated that if Council accepts the donation on behalf of the city, it should be allocated to the fire department general fund budget and used for a specific purchase. He further stated that at this time, a letter of appreciation should be sent to Lloyd's, and at such time as the fire department purchases something with the $500, the department should acknowledge to Lloyd's what the money was used for. He felt that the city will be faced with a growing number of donations in the future, and stated that a policy must be established. He stated that if money is given to a city department, it should go into the city's budget for the department and dedicated to be used for something the department would like that is not necessarily budgeted. Councilmember Huber stated that he agrees with the Mayor's recommendation, since firefighters receive compensation for fire responses and it would not be possible to use the donation to reimburse those who attended the emergency for lost wages, as had been requested in the letter from Lloyd's. Treasurer Shaughnessy informed Council that the city has received several donations to the Police Department over the years and those donations have always gone into a special city fund. He explained that at all times, the funds stay with the city until they are expended for a special police department purpose. Councilmember Huber moved to accept and acknowledge the very generous gift from Lloyd's Foods, and to direct staff to express appreciation to Lloyd's and inform them that the donation will be placed in the 1997 Fire Department budget for the purchase of an unbudgeted item. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto stated that with adoption of the motion, all city departments will now know that it is city policy that all donations will be placed into the city's budget for the department that received them for the purpose of purchasing unbudgeted items. Page No. 5 January 7, 1997 COMMUNICATIONS Council acknowledged a memo from Administrative Assistant SITE ON WHEELS Hollister regarding a request from Cellular Realty Advisors (CRA), representing the PCS service delivery firm American Portable Telecom (APT) to allow a retractable cellular antenna mounted on a truck, known as a Communications Site on Wheels (COW), to be temporarily placed within the city. Council also acknowledged a letter from CRA along with drawings of the proposed COW. Mr. John Barstow, from APT, and Mr. David Huihui, from CRA, were present for the discussion. Mr. Barstow reviewed the request, saying that the city has adopted a moratorium but APT has been before Council in the past looking for cell tower sites. He stated that APT is a PCS developer which would like to cover Mendota Heights, both for its residents and those traveling through the city. APT would like to set up a temporary site using a COW - a trailer that holds the radio equipment and an 84 foot tower - that would be set up at the southwest corner of the NSP tank farm. Mayor Mertensotto stated that approving the request would set a precedent and APT's competitors would make similar requests even though Council has placed a moratorium on new communications antennae and apparatus applications has been established to allow the city to develop an ordinance. He pointed out that cellular communication providers might say that if the Council does not want permanent structures, the providers will go with temporary units like what is proposed. It was his opinion that the COWS are covered under the moratorium, and are not a way to get around the moratorium. He stated that the moratorium should include all types of antennae and towers, and he recommended that Council not approve portable antennae on the basis that approval would set precedent. Councilmembers Huber and Smith agreed. Councilmember Smith stated that one of the important items in considering an ordinance is determining what is an appropriate area for towers to be located. Councilmember Krebsbach stated that Council needs to take a look at the balance of demands of the city's residents and those traveling the freeway corridors. She stated that she might be inclined to view the proposal as an acceptable alternative on an interim basis and that she does not want to take action this evening. Page No. 6 January 7, 1997 Mayor Mertensotto responded that Council while communications on wheels might well be the solution to location of antennae, Council will be meeting with the Planning Commission soon in a workshop to begin discussion on drafting an ordinance. Mr. Barstow stated that APT is trying to provide a service, and his concerns is that he has been approaching the city on and off for almost a year and is now faced with a one year moratorium. He further stated that he would like to serve the community at some point in time and would like to know when that will be. Mayor Mertensotto stated that there should be no loopholes or exceptions to the moratorium. He pointed out that since there is no formal application before Council, so Council does not need to pass a motion to deny the request. ZIGGY' S Council acknowledged a memo from Public Works Director Danielson regarding a request from Mr. Larry Mack for approval to grant an exception to the building code to allow him to expand Ziggy's seating space and operate for up to six months with fewer than the required number of restroom facilities. Council also acknowledged letters from Mr. Mack and Mr. Ed Paster. Mr. Mack and Mr. John Streeter, from Paster Enterprises, were present for the discussion. Mayor Mertensotto asked Mr. Mack if he has filed a revised master plan to the city which covers the entire project. Mr. Mack responded that he provided city staff with a revised plan which covers his projected changes to update the existing rest rooms and add the toilets and sinks that the building code requires. He stated that he does not have time to prepare a complete master plan, but the six months would allow him to move forward and redesign the store and look at how he should set up the facilities. He explained that by the end of June, 1997, he has to give Paster Enterprises a firm commitment on whether he will take all of the available space, but right now the temporary expansion takes only about one -third of the space next door. By the end of June, he must give Paster a master plan, (which will include a bakery), a financing plan and a completion date. Mayor Mertensotto informed Mr. Mack that Council must have a plan so that the Code Enforcement Officer knows what Mr. Mack will be required to do in order to expand. If the improvements shown on the plan are not completed by the time -frame required by Council, Council will give notice to Mr. Mack that the Code Page No. 7 January 7, 1997 Enforcement Officer will revoke the occupancy permit unless the improvements are completed. Mr. Mack responded that he is willing to do that and to put in the bathrooms before June 30. He stated that this will be the maximum seating space, as he cannot expand any more in the center. Councilmember Krebsbach stated that Mr. Mack is asking for a trial period for the restaurant expansion. She asked what will happen if Mr. Mack does not meet the code requirements. Mr. Mack responded that if he does not agree to permanently take all of the expansion area by the end of June, he will give up that space and go back to the existing space. He informed Council that the space became available and it is too soon for him to do everything. He stated that Mr. Paster is willing to agree to a sublease now and in order for him to take the partial space he must get city approval. Mayor Mertensotto responded that Council can give Mr. Mack time limits within which to accomplish code compliance through a special use permit but will not authorize a building permit. A special use permit would embody all of the requirements Mr. Mack must meet and set a time frame to meet those requirements. Councilmember Krebsbach asked Mr. Mack if he has given the coffee house concept. Mr. Mack responded that he wants to maintain the coffee house atmosphere but it has always been his intent to have a light fare restaurant and fall scale deli and bakery. Mr. Mack asked that Council set the completion time 60 days from June 30 so that he has sixty days from the time he must sign the lease to complete the requirements. He stated that he will know by the end of June whether he can meet the city's demands and explained that he only has to commit to one third of the space until June 30. Mayor Mertensotto informed Council that Code Enforcement Officer Gill has reviewed Mr. Mack's plans and indicated that they do not meet code requirements. He pointed out to Mr. Mack that unless the Code Enforcement Officer indicates that he has received a plan that conforms to code, Council will not approve a special use permit. Page No. 8 January 7, 1997 Mr. Streeter stated that Paster Enterprises is taking a chance on Mr. Mack by not leasing out the entire space that will be vacated. He informed Council that Mr. Mack has done very well with the space he has leased, and as a fail safe Paster Enterprises has agreed to allow him until June 30 to see if his business will prosper. At the end of June, Mr. Mack will be obligated to end his use of the partial space and turn it back to the was it is now or he must least the entire space and must give Paster a full set of plans and specifications before going into the remainder of the space. He explained that the agreement between Paster and Mr. Mack says that remodeling the space must be in accordance with state and city laws. Councilmember Krebsbach stated that the drawing which has been submitted to Council shows that Mr. Mack is not using the entire space. She asked whether the restaurant will be expanded when he does lease the total space. Mr. Mack responded that the remainder of the space will be kitchen area where the bakery ovens will be, and there will be no additional seating space. Mayor Mertensotto stated that Council would have to set conditions which he does not think can be set until there is a master plan that has been approved by the Code Enforcement Officers. He informed Mr. Mack that the City Attorney will have to inform Council on what conditions must be set, including the time frame, that must be established in the special use permit. He further stated that if Mr. Mack does not meet those requirements, the city would shut down the expansion operation. Mr. Mack responded that he has a commitment to June 30 with the landlord and that is the latest time that he can commit to the space. Attorney Hart stated that a special use permit would give Mr. Mack a reasonable period of time during which he must complete the plan which will be attached to the special use permit. He stated that the remedy for not completing the plan would be revocation of the occupancy permit for the space, and Council can determine the time frame condition, which is entirely independent from the agreement that Mr. Mack has with his landlord. Mayor Mertensotto stated that Attorney Hart would also have to draft language regarding a notification period at which time the city can call Mr. Mack in to ask why he has not met the requirements. He informed Mr. Mack that before Council can consider approving a special use permit, he must first submit a master plan to the Code Page No. 9 January 7, 1997 Enforcement Officers to determine code compliance, since Council cannot make the determination on whether the plans meet code. Attorney Hart stated that the special use permit will not be issued until there is an agreement, and that cannot happen until the next regular Council meeting at the earliest. He informed Mr. Mack that it is his obligation to demonstrate to the City Council that he has met the code, but other issues may come up between now and the next meeting that will also require discussion. Councilmember Smith stated that in order for Council to approve the special use permit, there must be a plan that currently meets all codes and is approvable by the Code Enforcement Officers. Councilmember Krebsbach stated that she hopes that the expansion does not come around to the back of the building. Mr. Mack responded that it does not - just the kitchen will be in back. He stated that he is only planning on doing cosmetic changes now, and the only thing he needs is a permit to open a non - bearing wall, install electrical outlets and a hallway, but he cannot do that work until he has a permit. Attorney Hart was directed to outline procedures and prepare a draft agreement for consideration on January 21. MNRRA GRANT Council acknowledged a memo from Assistant Hollister regarding the availability of a Minnesota National River and Recreation Area (ND RRA) grant to assist in the cost of revisions to any aspects of the city's Comprehensive Plan which relate to the Critical Area. Assistant Hollister informed Council that the city is eligible to receive a grant for up to $25,000, but the city must match the grant amount either in expenditures or by an in -kind match. Mayor Mertensotto suggested committing $7,500 a year for two years, and request a $15,000 grant. He asked what would happen if the grant application is approved but gets cut back, or if the city does not spend an amount equal to the grant. Assistant Hollister responded that if the city submits a complete application by January 31, it should receive full funding by the end of March, but the city must do a monetary or in -kind match. In the application, the city must agree to a time line on when and how the Page No. 10 January 7, 1997 money would be spent, and at the end of that time line the city must report how the funds were spent. Mayor Mertensotto stated that Council needs to have an idea of what Comprehensive Plan revisions will be required. He suggested that perhaps the grant might provide an opportunity to upgrade the trail from T.H. 110 to T.H. 13. Councilmember Smith cautioned that this would be MNRRA money and the National Park Service has its own agenda and will expect something to be done in accordance with that agenda. She stated that Council must fully understand ahead of time that what the city proposes is a reflection of what the city wants and that Council is not committing to something it does not feel is in the city's best interest. She further stated that Council does not even have control over most of what the Park Service is asking for a commitment to. Assistant Hollister responded that the only hard and fast requirement for the money is that if the city takes the grant, it must commit to evaluate the critical area ordinance to make sure it conforms to state mandate. He stated that staff is quite confident that the ordinance does meet state mandates, but as part of this process, comparisons would need to be made. He informed Council that MNRRA does have requirements it would like and the city can take some of the grant money to review the MNRRA wish list and contemplate whether they are appropriate for the city, but the city is not expected to adopt any MNRRA policies. Administrator Batchelder stated that a number of cities have asked the same question, which is why Assistant Hollister attached the December memo from the Metropolitan Council in the agenda packet. He explained that the answer to this concern is highlighted in the letter and pointed out that the Metropolitan Council has gone on record that cities are not obligated to adopt the MNRRA Comprehensive Management Plan. Councilmember Smith stated that she would appreciate having the time to study the material further before making a commitment. Councilmember Krebsbach expressed interest in what the cities of Lilydale and Mendota are planning to do, because anything Mendota Heights does which relates to the river would affect those communities. Page No. 11 January 7, 1997 Assistant Hollister responded that the grant can be used for joint cooperation between the jurisdictions and the staff report has suggested some areas of cooperation. Mayor Mertensotto agreed that the two other communities should be involved and asked if they would need to file their own applications. Assistant Hollister responded that the three communities could either submit separate applications or MNRRA would accept a joint application. Responding to a question, he stated that the grant is primarily for planning and goal setting. He informed Council that the Metropolitan Council anticipates several rounds of giving out the grants and while it would be good for the city to try to meet the January 31 deadline, application could be delayed if Council wishes. Councilmember Smith stated that it would be excellent to dovetail the grant with comprehensive plan review. Administrator Batchelder responded that that is exactly what the grants are designed for. He stated that an updated Comprehensive Plan must be submitted to the Metropolitan Council by 1998, and part of the plan will include how the city addresses the critical area and storm water. He informed Council that the 1997 budget includes funding to begin the comprehensive plan update process in 1997, and the funding that is used for consultant work on the plan would be an in -kind match. It was the consensus of Council to direct staff to contact Lilydale and Mendota about participation. Treasurer Shaughnessy was directed to review available financing for matching funds. WORKSHOP DATES Council acknowledged a memo from Administrator Batchelder regarding workshops to discuss the Freeway Road site/Land Use issues and the communications antenna/tower ordinance. Mr. David Huihui, from Cellular Realty Advisors, informed Council that he would like to participate in the workshop on the communications antenna ordinance. Mayor Mertensotto stated that if Council conducts workshops with the city's advisory commissions, it must be understood that the workshops will be chaired by Council. It was the consensus that the preferred to conduct the joint Council /Planning Commission workshop on the Freeway Road site Page No. 12 January 7, 1997 on Saturday, February 1 from 8:30 to Noon. Staff was directed to notify the commission members of Council's preference. Councilmember Krebsbach stated that she would like to have information on the cellular technology and what affect future changes in telecommunications will have on the antenna ordinance. Mr. Huihui responded that he will provide Council with whatever information it would like. CLOSED SESSION Council acknowledged a memo from Administrator Batchelder recommending that Council convene in closed session immediately after adjournment to discuss labor negotiation developments. ADJOURN There being no further business to come before Council, Councilmember moved that the meeting be adjourned to closed session for discussion of labor negotiations. Councilmember seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:48 P.M. a-z&� a -- K thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL Asphalt Contractor License Asphalt Driveway Company Daily and Son Blacktopping, Inc. Northwest Bituminous,Inc. Pine Bend Paving,Inc. Concrete/Masonry Contractor License A & B Cement Construction, Inc. Andretta Brothers Concrete Concrete Systems, Inc. D & S Cement Co. Gresser Concrete/Masonry Johnny Masonry, Inc. Molin Concrete Products Co. Serice Construction Inc. Simon Bros. Cement Co. Valley Cement Co., Inc. Viking Concrete & Masonry, Inc. Wayne Concrete Co. Charles Zwinger, Inc. Excavating Contractor License Carl Bolander & Sons Co. Carlson Sewer & Water Co.,Inc. DSM Excavating Company, Inc. Fogerty Excavating, Inc. Gopher State Concrete Inc. Hubbell Excavating Kuper Excavating Company Nova-Frost, Inc. Penn Contracting, Inc. Plymouth Plumbing Inc. M.J. Ryan Construction Co. Stocker Excavating Co.,Inc. Thompson Plumbing Corp. Voson Plumbing, Inc. Weierke Trenching & Excavating Co. Whitney Excavating & Grading Gas Piping Contractor License A-1 Heating & A/C Apollo Heating & Vent Corp. Area Mechanical, Inc. Earl Arneson, Jr. Heating & Air Conditioning Boehm Heating Co. Bonfe's Plumbing Service Controlled Air Egan Mechanical Contractors, Inc. Erickson PHC Five Star Plumbing Inc. Fredrickson Heating & Air Conditioning Kelly Plumbing & Heating, Inc. Metropolitan Mechanical Contractors Minnegasco Northstar Heating & Air Owens Services Corporation PBBS Equipment Corporation Peoples Natural Gas Plymouth Plumbing, Inc. R.H. Heating & Air Cond. Inc. Ron's Mechanical, Inc. Rumpca Services, Inc. Sedgwick Heating & Air Cond. Co. Standard Heating & Air Cond. Co. Steinkraus Plumbing & Heating Inc. Thompson Plumbing Corp. Vito Mechanical, Inc. Vogt Heating & Air Conditioning Ray N. Welter Heating Co. Wohlers Southside Heating & A/C Inc. Yale, Inc. H-VAC Contractor License A-1 Heating & A/C A-abc Appliance and Heating, Inc. Albers Sheetmetal and Ventilating Inc. Apollo Heating & Vent Corp. Area Mechanical, Inc. Earl Arneson Jr. Heating & A/C A. Binder & Son, Inc. Boehm Heating Co. Centraire Heating & Air Conditioning Inc. Controlled Air Egan Mechanical Contractors, Inc. Erickson PHC Fredrickson Heating & Air Conditioning Gilbert Mechanical Contractors, Inc. Harris Air Systems Company Hinding Heating & Air Inc. Kath Heating,Air Conditioning & Electric Metropolitan Mechanical Contractors, Inc. Minnegasco Northstar Heating & Air Owens Services Corporation Peoples Natural Gas R.H.Heating & Air Cond. Inc. Ron's Mechanical Rumpca Services, Inc. The Snelling Company South-Town Refrigeration Inc. Standard Heating and A/C Co. Steinkraus Plumbing & Heating Inc. Vogt Heating & Air Conditioning Ray N. Welter Heating Co. Wenzel Heating & A/C Wohlers Southside Heating & A/C Inc. Yale, Inc. General Contractor License Berwald Roofing Co Inc. Bor-Son Construction, Inc. E.L. Bulach Construction Co, Inc. Dalbec Roofing,Inc. Determan Welding & Tank Service Inc. E C I Building Contractors Fabcon, Inc. KMH Erectors, Inc. Kathy's Construction Inc. Lloyd's Construction Services 3M McPhillips Bros. Roofing Co. Northstar Heating Petroleum Maintenance Co. RAK Construction, Inc. Rutledge Construction Company Schindler Elevator Corporation Schulmerich Carillons, Inc. Town and Country Fence Twin City Acoustics, Inc. Twin City Garage Door Company Western Steel Erection, Inc. Drvwall/Masonry Contractor License Custom Drywall Inc. Dan & Dana House Drywall Zimmerman Stucco & Plaster Inc. Charles Zwinger Inc. Sign Contractor License Lawrence Sign SignArt Co.,Inc. Suburban Lighting Inc. Landscape/Tree Service License Rainbow Tree Company Inc.