Loading...
1999-05-04 Council minutesPage No. 1 May 4, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 4, 1999 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 Dwyer seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on April 20, 1999 as amended. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move item 5i, Modified Site Plan Approval, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Approval of the minutes of the Board of Review Meeting held on April 6, 1999. b. Acknowledgment of the minutes of the April 27, 1999 Planning Commission meeting. c. Acknowledgement of the minutes of the April 14, 1999 Airport Relations Commission meeting. d. Acknowledgement of the Building Activity Report for April. e. Acknowledgment of the agenda for the May 5, 1999 NDC4 Commission meeting. Page No. 2 May 4, 1999 f. Approval of the Developer's Agreement and Ground Lease Agreement with Cell Net Data Services. g. Authorization for the issuance of a purchase order to Ancom Communications for the purchase of six pagers for the Fire Department for $2,721.02. h. Authorization for the police department to purchase DARE graduation supplies from Treadway Graphics in the amount of $2,412.50.: i. Approval of the scheduling of liquor license hearings for June 1, 1999 for renewal of licenses to Mendota Liquor, Marriott Corporation, Heritage Inn Hotel, Mendakota Country Club and Somerset Country Club. j. Approval of the list of contractor licenses dated May 4, 1999 and attached hereto. k. Approval of the List of Claims dated May 4, 1999 and totaling $94,613.05. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Wally Nielson, 2106 76`h Street East, Inver Grove Heights, was present regarding the proposed trail along Lexington Avenue. Mr. Nielson informed Council that his wife and her sisters own 2180 South Lexington and are concerned about the notice they received regarding the trail. He stated that his mother -in -law's house is in the southeast corner of Lexington and Cullen adjacent to an NSP easement. It was his understanding that the trail issue was generated by one person. He informed Council that his concern is that there is a.high bank on the property and the trail is proposed to be 8 feet wide. He understood that the property owners will not have to pay assessments for the trail but stated that they would actually be paying for the trail through their Dakota County taxes. Mayor Mertensotto responded that the city's portion of the funding will come from the city's MSA funds and the county will likely also be using MSA funds, which are derived from the gas tax. The trail is part of the city's overall trail plan . He stated that there is a trail to Tom Thumb Boulevard now and the city would like to extend the Page No. 3 May 4, 1999 trail all the way to Mendota Heights Road and to tie it into a pedway to Rogers Lake. He informed Mr. Nielson that the trail segment has been in the Park and Recreation Commission's plan for trails for years. Councilmeinber Huber explained the history of the trail proposal, stating that although one person on the commission brought it up recently, Council feels it is appropriate to discuss the proposed trail with the neighbors. If they are in favor of the trail, Council should go forward with.the project. He stated that the city sent letters only to the property owners who would be affected by the project so that they would not hear about the proposal in the papers first. Mr. Nielson responded that he does not believe that the trail expense would be justified. Mayor Mertensotto informed Mr. Nielson that Council does not plan on calling a public hearing until June. Responding to a question from Mr. Nielson, Public Works Director Danielson stated that the trail has to be set back far enough from existing Lexington Avenue to accommodate a new roadway in the future. Mr. Nielson stated that he is concerned about the NSP easement, stating that the easement is 25 feet on all sides and he does not know if a trail could be built between the easement and the right -of -way. Public Works Danielson stated that the city has submitted requests for preliminary approvals from Dakota County and the state. Once those approvals are received, staff will proceed to the design phase. PUBLIC COMMENTS Dr. Tom Koepke, 539 John Street, expressed his appreciation to the Council and Public Works Department for cleaning the city streets. BID AWARD, Council acknowledged a memo and tabulation of bids received for GLEN TORO public improvements to serve the Glen Toro Second Addition. Engineer Mogan informed Council that the low bid, submitted by Municipal Contracting Services, is approximately 14% higher than the engineer's estimate. He informed Council that the developer, Mr. Dewey Thorbeck, is out of the country but that he had spoken with Mr. Thorbeck last week about whether an award of bid should be delayed until his return. Mr. Thorbeck expressed that he was comfortable with the city making an award under the public improvement bidding process. Mr. Mogan informed Council that he Page No. 4 May 4, 1999 contacted the City of Lakeville staff for a reference on Municipal Contracting and they said that the firm did a good job. Municipal Contracting has been in business for three years and is diligent in their work. Councilmember Dwyer moved adoption of Resolution No. 99 -18, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR STREET GRADING, SANITARY SEWER, WATERMAIN, STORM SEWER, AND STREET CONSTRUCTION TO SERVE THE AREA REFERRED TO AS GLEN TORO SECOND ADDITION (JOB NO. 9808, IMPROVEMENT NO. 98, PROJECT NO. 3)," awarding the contract to Municipal Contracting Services for its low bid of $176,372.00, along with direction to staff to retain the bid security on the second lowest bidder until the contract is executed. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TELEPHONE SYSTEM Council acknowledged a memo from Administrator Batchelder regarding telephone system bids, along with a summary from Consultant Kate Boland listing the bidding firms and the types of systems for which bids were submitted. Ms. Boland was present for the discussion. Ms. Boland informed Council that eight bids were received and that she is doing research on the bids now and will prepare information and a recommendation for the next City Council meeting. Mr. Jack Gohl, 924 Rae Court, stated that he owns a small business that sells refurbished phones. The city's request for proposals required manufacturer certification on the installers and new equipment only. His company sells refurbished equipment and he could meet all the requirements of the bid except that the equipment would not be new. He stated that he has sold equipment to the state and several large businesses. He further stated that bid documents usually read new or reconditioned like new equipment, and that he sells Lucent equipment which, and AT &T would sell it as new remanufactured equipment. He also stated that the equipment the city receives may be boxed and may be new remanufactured. He n informed Cob that the cost savings to the state for the equipment it purchases from him was 57% less than the price of new Lucent equipment. Page No. 5 May 4, 1999 Councilmember Dwyer asked who stands behind the warranty on the equipment. Mr. Gohl responded that Lucent or AT &T could come out and certify and maintain the equipment or he would maintain it. Ms. Boland stated that one of the reasons that new equipment was specified is that Council specifically stated that it wants new equipment. If it states in the bid that new equipment is required, the successful bidder cannot give the city remanufactured equipment stating that it is new. They must give the city a certification that it is new equipment. She informed Council that the RFP could be redone to allow remanufactured equipment but that would mean that every company that has submitted a bid would want to submit a new bid. She stated that a one year warranty was specified in the RFP on all parts, and the best warranty she has seen in the bids was for a five year warranty for service and parts. She informed Council that it is a matter of Council preference but that she does not know if there is a big difference in warranties for new and remanufactured equipment but that she would compare buying used phone equipment would be like buying a car that has been used. 1 Mayor Mertensotto stated that the city does not buy telephone equipment often and that the city wants state of the art equipment with manufacturer warranties. He could see that if the city buys a system today, it is buying into the manufacturer's warranty that the equipment can be maintained for ten years. He informed Mr. Gohl that his office purchased refurbished AT &T Spirit equipment to save money and now, two years later, there is a problem with the system and he must spend nearly as much on upgrades as the original purchase price. Mr. Gohl responded that there was a class action suit regarding the Spirit system brought against AT &T for saying there were functions it could do but it could not. He informed Council that he has sold equipment to the state for the prison system and has also sold equipment to St. Louis Park. Mayor Mertensotto responded that there is no question that Council wants to save money but that he is looking at whether it is warranted for Council to go with a new system over refurbished. He informed Mr. Gohl that he has no trouble supporting the staff recommendation for a new system and Council is looking for current, state of the art equipment and a manufacturer's warranty. Page No. 6 May 4, 1999 Councilmember Krebsbach sated that she would have difficulty opening the bid process to another tier of bidders. Ms Boland is serving in a consultant capacity for the city and she has said that to be vigilant, the city needs new equipment. If the process were opened to another tier of providers of remanufactured equipment Council would have to look at the credibility of each of the bidders. Councilmember Dwyer stated that he would like to see what savings would result. Mayor Mertensotto responded that there is a timeframe in place for installing the equipment. He informed Mr. Gohl that Council does not challenge his credibility and will watch the words in the contract to be sure that the equipment is new equipment. MENDAKOTA BATTING Council acknowledged a memo from Parks Project Manager CAGES Kullander regarding the award of bid for a double batting cage at Mendakota Park, along with a tabulation of the bids that were received. Mr. Scott Miller, representing MHAA, was present for the discussion. Mayor Mertensotto asked why the fence height was reduced to 12 feet. Mr. Miller responded that the batting cages that have been discussed were 30 by 80 by 12 feet and he feels that will be great. He also noted that there will be netting under the top of the cage. Councilmember Dwyer noted that the bid was only for fencing. He reviewed the other elements of the project that still need to be done. Councilmember Huber moved to award the contract for installation of a fenced double batting cage at Mendakota Park to Fenc -co., Inc., for its low bid of $7,260.00. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 HOFFMAN HOMES Council acknowledged a memo from Public Works Director Danielson regarding a request from Hoffman Homes for approval of the preliminary plat for Augusta Shores. Mr. Peter Coyle, from Larkin Hoffinan Law Firm, was present on behalf of Hoffman Homes. Page No. 7 May 4, 1999 Mr. Coyle stated that Hoffinan Homes is proposing a 46 unit townhome development on the west side of the Resurrection Cemetery property. Council gave preliminary concept approval to the proposal in March and asked Hoffinan Homes to respond to several questions. All of those questions have been answered, and Mr. Danielson's memo outlines Hoffman Homes' progress. Mr. Coyle informed Council that he is present to answer any additional questions that Council may have. Councilmember Krebsbach asked what changes there have been to the plan. Mr. Coyle responded that there will be a trail on the north and south ends as had been discussed by Council. The slope of the access drive has also been altered the original proposal was for an 8% slope, and that has been softened without the need for removing additional trees or vegetation. Also, Council had asked him to check with Dakota County as to the value of the outlots being spread across the units to avoid the potential for tax forfeiture, and he has been informed by the county that the ownership of the outlots can be distributed. Mayor Mertensotto stated that Council is trying to avoid a situation where the association would own the outlots and allow them to go in tax default. This is a project with 46 homes and three outlots. He stated that as part of the deeding process, one forty sixth interest in the common areas should be deeded to each home owner. The common area would be Outlots A, B and C and whatever other common area there may be. Each property owner would then be a tenant in common in the common areas. Mr. Coyle responded that this is what Hoffinan Homes is doing. Mayor Mertensotto stated that he has not looked at the conservation easement and asked if it applies not only to the Outlot at Lake August or if it applies to all of the Outlots. He stated that Council does not want someone coming in and clear cutting trees or doing things to the common areas without city approval. Mr. Coyle responded that the easement applies to all of the outlots and city approval would be required before anything could be done in the easement area. Mayor Mertensotto stated that Council requested staff to make application to the Metropolitan Council for a comprehensive plan Ayes: 5 Nays: 0 Page No. 8 May 4, 1999 amendment for the development. Under the existing Comprehensive Plan, certain land is designated as cemetery property and the underlying zoning is residential. He felt that Council could make a finding that no comprehensive plan amendment is required because cemetery use is and allowed use in a residential district. Council could then grant approval for the development and direct the City Clerk to prepare an ordinance amendment if Council makes a finding of fact that the cemetery use and single family residential use are coexisting land uses. City Attorney Hart stated that the underlying zoning controls and the question as to whether the city can do something without a comprehensive plan amendment is not obvious to him. What the Mayor proposes sounds reasonable if in fact the finding that is that single family residential use is compatible with cemetery use. He stated that it is significant to him that a comprehensive plan amendment would follow under and circumstances because of the fact that there is already a cemetery adjacent to the property and the cemetery has determined that it does not need the property Hoffman Homes,proposes to develop. He stated that he would want to check statutes"but the proposal seems reasonable under the facts and circumstances presented. Councilmember Schneeman moved as follows: to rescind prior action directing staff to make application for a comprehensive plan amendment to the Metropolitan Council; to adopt a finding that residential uses are consistent with a cemetery designation in the comprehensive plan; and, to direct the City Clerk to prepare an ordinance amendment to incorporate into the Zoning Ordinance the finding document that the uses are compatible. Councilmember Krebsbach seconded the motion. Mayor Mertensotto stated that he has spoken to Mr. Steve Vecchi, who is in charge of the MAC Part 150 Program because the MAC is working with an air noise consultant on updated regulations for residential noise attenuation standards. Mayor Mertensotto suggested that Mr. Coyle contact that representative to get information on what will be required in terms of noise attenuation materials. Mr. Coyle responded that he would be happy to do so. Administrator Batchelder informed Council that there are many issues to resolve with a conditional use permit for planned unit Page No. 9 May 4, 1999 development and Hoffman Homes will be back for those approvals at a future meeting. What is before Council this evening is a request for approval of the preliminary plat. Councilmember Dwyer moved approval of the preliminary plat for the Augusta Shores Development. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 99 -10, Council acknowledged an application from Mendota Homes for a MENDOTA HOMES wetlands permit for 990 Diego. Council also acknowledged associated reports from the Administrative Assistant and City Planner. Ms. Erin Mathern was present on behalf of Mendota Homes. Ms. Mathern informed Council that Mendota Homes bought the lot several months ago and in initial meetings with city staff it was determined that there was a small wetlands area on the lot. At the Planning Commission there was some question as to whether it was a wetlands and whether there was a wetlands delineation done on the site. Subsequently, Mathern Homes retained a consultant to do the wetlands delineation and it was determined that there is no wetland on the site. Mayor Mertensotto asked what Mathern Homes will do if there is a low spot that collects runoff. Ms. Mathern responded that there is a low area on the lot that provides a place for drainage from the neighboring lots. Mathern Homes would drain that site out onto the street so that there are no future problems. Mayor Mertensotto asked if soil testing has been done. He informed Ms. Mathern that some of the lots in this area were filled in with excess dirt in the early 1960's when a utility project was constructed. Councilmember Schneeman stated that there are a lot of trees down on the lot and other debris. Ms. Mathern responded that she understands that some of the neighbors had put yard waste on the site in the past. She informed Council that Mathern will provide a drainage swale from the low area to the street and the grade of the swale will meet city requirements. Page No. 10 May 4, 1999 Public Works Director Danielson responded that it will still be a low area and water will not drain out of there unless the water gets high. The house will have to be up high also. He informed Ms. Mathern that an intake could be installed to take the water to Diego Lane. Mayor Mertensotto stated that the intake would be the safest solution, so that no one has basement water problems in the future. Mr. Danielson stated that the low area could be filled since it is not a delineated wetlands. Mayor Mertensotto responded that filling would change the drainage pattern and create problems for someone else. It would be better to put in an intake pipe to bring water to the street. Councilmember Krebsbach stated that she does not want to create a drainage problem by virtue of saying that this is not a wetland. Mayor 1Vlertensotto stated that Mathern Homes will need to submit a grading plan and Council controls storm water drainage for any property. Council should make a determination that the drainage system must be installed now. Ms. Mathern responded that she had discussed doing some type of drainage system to Diego Lane and her fear in putting in a drainage pipe is that it will have to be maintained by the homeowner. Mayor Mertensotto responded that Mathern should grant an easement to the city so that it is tied into the city's drainage system. Dr. Tom Koepke stated that he lives three houses away from the lot and that his neighbors never threw any junk on the lot. Mathern Homes built another house nearby and dumped all of the trees and debris from that lot onto the subject lot. He stated that this is a very low land and it will never drain to Diego. He was concerned that Mathern should be required to take out all of the trees they have put on the lot. Mathern is going to develop several lots and they just keep moving the stumps from one lot to another. Ms. Mathern responded that it is a construction site now, so trees have been taken out and are laying there. Mayor Mertensotto stated that city staff should be directed to prepare a drainage plan for the lot. Page No. 11 May 4, 1999 Councilmember Dwyer stated that installing the intake pipe could add a $6,000 to $7,500 cost. Mayor Mertensotto responded that installing the pipe now would be much cheaper than having to do so later when someone else owns the lot. " Councilmember Dwyer asked if the city should participate in the cost since several lots drain to his lot. Mayor Mertensotto responded that the developer is developing the property and must have an appropriate drainage system. Councilmember Krebsbach stated that since Mathern is apparently dealing with a development rather than one individual lot, she wants to be sure the Council looks at all of the lots. Ms. Mathern responded that Mathern Homes is only looking at two lots and only the one lot in terms of the wetlands. She further stated that she could get a building permit for the first lot. She also asked that the wetlands permit application fee be refunded since there is no delineated wetland on the lot. Mayor Mertensotto suggested that a condition for getting a building permit for the subject lot could be that the developer install the drainage system that Council requires. Council can authorize refund of the wetland permit fee provided that Mathern Homes install drainage improvements designed by city staff. Councilmember Huber noted that the building permit will be issued contingent upon Mathern's installation of the drainage system that council requires. Councilmember Dwyer stated that in the process of the application they found out they did not need a wetlands permit and Ms. Mathern is before Council to ask for refund of that fee. Mayor Mertensotto responded that if a problem has been called to Council's attention and Council does nothing about it and a home owner comes to Council in the future, the city would have a problem because a building permit was issued. Council wants to solve the problem in advance. Page No. 12 May 4, 1999 Ms. Mathern stated that she has no problem with the requirement but would like to deal with the appropriate drainage system for the site. She felt that a swale is appropriate. Mayor Mertensotto responded that an underground pipe would solve the problems and will not be as costly now as it would be in the future. He pointed to drainage problems in the Copperfield area that came to Council after homes had been constructed. Public Works Director Danielson agreed, stating that the underground pipe is the best solution. Councilmember Krebsbach stated that Council will also require that the building sites be cleaned up. Councilmember Dwyer moved to refund the wetland permit application fee and rescind the necessity for a wetlands permit since there is no wetland area delineated on the lot. Mayor Mertensotto stated that if Council takes action, it has no control over resolution of the drainage problems. Councilmember Dwyer withdrew the motion. Councilmember Dwyer informed Ms. Mathern that Council is indicating Ithat the wetlands permit is no longer necessary and will refund the application fee but that will not happen, formally until the building permit issue comes back with a drainage plan recommendation from staff. CASE NO. 99-12, SALZ Council acknowledged an application from Mr. Will Salz for a 6.5 foot front yard setback variance to allow garage expansion at 1084 Avanti Drive. Council also acknowledged associated staff reports. Mr. Salz asked that Council approve the recommendation of the Planning Commission. He informed Council that his house was the first one on Avanti, and when it was built 22 years ago, he did not realize how steep and hazardous the driveway would be. He would like to lower the driveway 3.5 feet to the footing level of the house and extend the garage out 10 feet. He explained that to do what he needs in order to reduce the grade, he will have to extend 10 feet into the setback. Part of the complication is that his 88 year old mother - in -law lives with his family and she needs better access. The house is 42 feet from the property line but the city's ordinance deals with line of site: the property to the east fronts on Twin Circle and the Page No. 13 May 4, 1999 house to the west fronts on Avanti. Drawing a line between those houses, he would need about a 6.5 foot variance to construct the garage extension. Responding to a question from Councilmember Schneeman, Mr. Salz stated that he proposes to cut the grade down 3.5 feet and enter the garage from that level. It would be like a walkout without a step. The driveway would be tunneled in with retaining walls. Councilmember Dwyer stated that Mr. Salz has been a resident of the city for 22 years and has the option of either moving or staying at his home if the variance is approved. He felt that what Mr. Salz is proposing' is a good solution to the driveway problem. Councilmember Schneeman moved adoption of Resolution No. 99- 19, "A RESOLUTION APPROVING A 6.5 FOOT FRONT YARD SETBACK VARIANCE FOR A GARAGE ADDITION AT 1804 AVANTI DRIVE," with the conditions that changes to grades and drainage be approved by the City Engineer so as not to alter drainage patterns on the site and that the garage addition building materials and colors match the principal structure. Councilmember Krebsbach seconded the motion. 1 Ayes:5 Nays: 0 CASE NO. 99-14, JACOBS Council acknowledged an application from Mr. John Jacobs for a conditional use permit for an accessory structure at 1766 Lansford lane. Council also acknowledged associated staff reports and petitions from affected neighbors in objection to the 12 by 20 storage shed. Mr. Jacobs was present for the discussion. Several neighborhood residents were also present. Mr. Jacobs informed Council that he relocated from North Carolina to Minnesota to assist his elderly mother and moved into his home in January, 1998. In December he installed a 12 by 16 shed on his property without doing the proper research to see if he needed a variance and without getting a permit. He informed Council that he has applied for a permit to enlarge his garage and home and when that construction is completed he will not need the shed. He stated that his neighbors are concerned about the shed but all he wants to do is build an addition and then remove the shed. He further stated that he understands that he made a mistake and is trying to get the addition as soon as possible and all he needs to do to get the permit is to provide the names of licensed contractors. Page No. 14 May 4, 1999 Mayor Mertensotto stated that the building permit is not the issue and is not before Council. He pointed out that this is a 12 by 16 foot structure that was constructed without a conditional use permit. Mr: Jacobs responded that he is asking for a temporary conditional use permit to get him through the building process. Mayor Mertensotto asked why Council should grant a conditional use permit for an illegal structure. He asked when Mr. Jacobs is going to remove the shed. Mr. Jacobs responded that he will remove it by September 15. Mayor Mertensotto stated that it would be foolhardy for Council to grant a conditional use permit, but rather should order Mr. Jacobs to remove the structure. He stated that Council will not grant the conditional use permit and that Mr. Jacobs should not be rewarded witli a conditional use permit for doing something without prior permit He recommended that Council deny the conditional use permit and order that the structure by removed by September 15 or the city will take remedial action which could include city removal of the structure and assessment of the removal cost to Mr. Jacobs. Mr. Tim Malchow, 721 Roundhill Road, stated that he lives next door to Mr. Jacobs. He informed Council that the reason he is speaking before Council is that he has lived in the neighborhood longer than the other neighbors. He stated that Mr. Jacobs admits that he put the shed up in December without a conditonal use permit and in violation of city ordinance. The shed has been in place for five months and Mr. Jacobs says that he needs it because he has no place to store his things. He stated that Mr. Jacobs came from North Carolina where he had a garage with a large workshop and he does not have enough for his things. Mr. Malchow informed Council that the neighbors do not know whether or not the addition to Mr. Jacobs' home will ever be built. The neighborhood concern is whether Mr. Jacobs is ever going to move the shed, and in the petition the neighbors ask that the conditional use permit is denied and that he be ordered to remove the shed, or in the alternative to make one of the conditions of granting the permit be that he remove the shed by September 30. The September 15 deadline recommended by the Mayor is even better, or he could remove the shed and put up a 12 by 12 foot shed that is within the ordinance. He informed Council that Mr. Jacobs has said that the existing shed is pretty portable. Page No. 15 May 4, 1999 -- Mayor Mertensotto responded that Mr. Jacobs has agreed to remove the non - conforming structure that was illegally constructed. Mr. Jacobs must remove that shed by September 15 or the city will take appropriate 'action to remove it. He stated that he does not want to address any other conditions such as putting up a 12 by 12 foot structure. He further stated that Council does not reward people for putting up structures without appropriate permits. Mr. Malchow responded that Mr. Jacobs applied for the permit for the addition last September and has not paid for it yet. Mayor Mertensotto pointed out that the issue of the building permit for the addition is not before Council. Mr. Jacobs informed Council that he will remove the building by September.l5 or earlier. He asked that Council authorize refund of the conditional use permit fee since he will not need it. Mayor Mertensotto responded that Council could consider Mr. Jacobs' refund request after the shed is removed. If the shed is not removed by September 15, Council will not authorize the refund. Mr. Jacobs stated that he could very easily disassemble and remove the storage shed. Councilmember Dwyer moved adoption of Resolution No. 99 -20, "A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE AT 1766 LANSFORD LANE," with the understanding that the applicant acknowledges that the structure is illegal and agrees that it will be removed by September 15, 1999 or earlier and if it is removed on or before September 15, Council will authorize return of the $350 conditional use permit fee. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Mertensotto called a recess at 9:36 p.m. The meeting was reconvened at 9:48 p.m. PROPERTY ACQUISITION Council acknowledged a memo from Public Works Director Danielson regarding city acquisition of 2041 South Lexington. Council also acknowledged a proposed purchase agreement and the property appraisal prepared for the city. Page No. 16 May 4, 1999 Mayor Mertensotto informed the audience that the owner of the property approached the city about purchasing the property and the city contracted for an appraisal of the property. Under the draft purchase agreement, the purchase price would be $127,000, and the seller would pay 8/12 of the real estate taxes. The owner and the city would equally share in the costs of capping and closing the on site utility systems. He stated that the seller must clear the site of personal property, trash and construction debris. He asked that the closing be set for Friday, August 17 if Council authorizes the purchase. Councilmember Dwyer moved to authorize extending the purchase agreement to James D. and Patricia Williams with the condition that the agreement be submitted to the property owners for their execution prior to city execution. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 SUPERAMERICA Mayor Mertensotto informed the audience that discussion on the SuperAmerica Tax Increment Agreement issue has been from consideration this evening at the request of SuperAmerica. RELIEVER AIRPORTS Council acknowledged a memo and proposed resolution from Administrator Batchelder regarding proposed legislation that would prevent general aviation from being moved off of MSP Airport to reliever airports. Mayor Mertensotto briefly reviewed the issue, stating that the proposed resolution supports the MAC position. In 1996 the legislature mandated stopping the dual track process, determined that a new airport would not be built, and directed that MSP be expanded. $5 million worth of construction is scheduled to be done at MSP this year, and now the Legislature, by the proposed legislation, is saying that should be put on hold. Councilmember Dwyer moved adoption of Resolution No. 99 -21, "A RESOLUTION ON RELIEVER AIRPORTS LEGISLATION," directing that copies of the resolution be sent to the Governor, the MAC Executive Director and MAC members, local legislators, authors `of the House and Senate bills and to communities neighboring on the airport. Councilmember schneeman seconded the motion. j Ayes:5 Nays: 0 Page No. 17 May 4, 1999 2000 BUDGET Council. acknowledged a memo from Treasurer Shaughnessy regarding the proposed schedule for preparation of the 2000 Budget. Administrator Batchelder informed Council that staff is about to begin the process for the 2000 Budget and is asking Council for its input on parameters for the budget and any items Council would like addressed in the budget. CASE NO. 99 -06, MOEN Council acknowledged a memo from Assistant Hollister regarding LEUER CONSTRUCTION continued discussion on an application from Moen Leuer Construction for a conditional use permit for a PUD for a one -story office building on the 2.3 acre Bisanz property located at I:35E and Mendota Heights Road. Mr. Jim Resop, from Resop Realty, representing the property owner, Ms. Deb Brodsho and Mr. Mike Leuer, on behalf of Moen Leuer, were present for the discussion. Mayor Mertensotto asked if the information Council requested on lighting has been submitted to the city. Mr. Resop responded that Council made it clear that it wants lighting similar to City Hall and much less than the lighting at the SuperAmerica facility. Mayor Mertensotto informed the applicants that Council does not want any lighting that protrudes off the site.. He also informed the applicants that the lighting should shine down onto the site and that Council wants shoebox type lights. Mayor Mertensotto noted that the plan has been changed so that the driveway lines up with the Patterson Dental driveway. He asked what has been done about the pond. Ms. Brodsho responded that the pond is the only condition that Moen Leuer had a concern about. In the area where the slopes are coming down, a short retaining wall is proposed, about five feet from the property line. She asked that Council not require fencing or a hedge, and stated that she will work with the adjoining property owner on screening when that property develops. She stated that the owners of the adjoining property will likely be doing some ponding as well: Public Works Director Danielson informed Council that the pond drains onto the Mn/DOT property and all the property south of Mendota Heights Road drains towards I -494 and I -35E. The pond has an outlet. Page No. 18 May 4, 1999 Ms. Brodsho stated that the project architect says that it would be rare if there were every any water collected in the pond and that the ponding area is sand now. Mayor Mertensotto responded that the biggest problem with NURP ponds is that they collect debris. He informed Mr. Leuer that he will have to figure out some way to keep the ponding area clear. Ms. Brodsho stated that she thinks the Planning Commission's concern was whether Moen Leuer would install a fence if the adjacent property develops as a ballfield. She informed Council that Moen Leuer would rather say that it will work with the adjacent owner to make the area safe when their property develops. Moen Leuer does not propose any screening or fencing on the east property line. There is a gentle slope down to the ponds and it will be landscaped with grass and trees. She felt that when the adjacent property develops, it would be that property owner's responsibility to develop the site so that it is safe. Moen Leuer would work with the other owner to coordinate efforts. Mayor Mertensotto suggested that a condition of granting the permit be that fencing of the storm water holding pond to the southeast be left for future consideration until such time as Council knows what development of the adjacent property will be. Ms. Brodsho responded that the suggested condition would be perfect. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that city staff has been working with Moen Leuer on the grading and drainage plans. Mayor Mertensotto asked about the sixth condition in the proposed approving resolution, which requires that the application go back to the Planning Commission. Assistant Hollister responded Council is not considering signage at this time and that the monument and building signage will require commission consideration when plans are submitted. Mayor Mertensotto stated that at the last discussion on the application, it was noted that it is very difficult to acquire highway right -of -way. He stated that staff contacted Mn/DOT but the agency would not tell staff how long it would take to acquire the right -of- way but indicated that if Moen Leuer wants to landscape the Page No. 19 May 4, 1999 Mn /DOT area, Mn/DOT would be happy to allow it. He informed Mr. Leuer that Council would like him to incorporate landscaping of the right -of -way into his landscaping plan. Mr. Leuer responded that he would agree to that condition. Mr. Leuer and Ms. Brodsho reviewed brick materials for Council, stating that she drove past St. Thomas Academy and tried to get colors to blend as much as possible with the wall of St. Thomas that faces Mendota Heights Road. There will be three different colors on the building -the dominant color, matching St. Thomas, will be on the top part of the structure, and there will be a lighter color on the bottom portion of the building, and there will be a darker, separating band between them. Ms. Brodsho informed Council that the building will be 17 feet, 4 inches tall. She reviewed plans showing rooftop units and informed Council that the sight line on the drawing was taken from the highest point on Mendota Heights Road. The rooftop units are set back to the south part of the roof and there will be a six inch parapet. She stated that the parapet is not really needed to shield the units. The metal band on top of the building will be painted the same color as the brick. Councilmember Krebsbach noted that there are windows on the side of the building facing what might end up being a ballfield. She stated that something should be done to protect the windows. Mayor Mertensotto stated that the property is right under the ground track for the north and south runways and Moen Leuer should take a look now at sound attenuation. He further stated that Moen Leuer should also be concerned about noise amplified by ventings, and he cautioned Mr. Leuer about air noise. He informed Mr. Leuer that he would like the parapet to be taller than 6 inches. Mr. Leuer responded that he usually uses six inch parapets on his buildings and that given the sight line elevation, the roof top units would not be seen from the road even without a parapet. It was noted that the sixth condition in the proposed approving resolution should be modified to read "building signage and monument signage. Councilmember Huber moved adoption of Resolution No. 99 -22, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT Page No. 20 May 4, 1999 FOR A PLANNED UNIT DEVELOPMENT FOR MOEN LEUER CONSTRUCTION, INC. FOR AN OFFICE BUILDING AT 35E AND MENDOTA HEIGHTS ROAD," with the sixth condition amended to read "building signage and monument signage." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Schneeman informed the audience that the city's annual Spring Clean-up will be held on Saturday, May 8. ADJOURN There being no further business to come before Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:28 p.m. athleen M. Swanson City Clerk ATTEST: qe� f 'W— Charles E. Mertensotto Mayor