1999-02-02 Council minutesPage No. 1
February 2, 1999
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, February 2, 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 Krebsbach moved adoption of the revised agenda
for the meeting.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the
regular meeting held on January 19, 1999 as amended.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for
the meeting, along with authorization for execution of any necessary
documents contained therein.
a. Acknowledgement of the minutes of the January 26, 1999
Planning Commission meeting.
b. Acknowledgment of the Building Activity Report for January.
c. Authorization for the purchase of a 1999 Chevrolet i/2 ton pick-
up truck from Jeff Belzer Chevrolet for its low bid of $15,610,
the cost to be charged to the 1998 Street Department budget.
d. Acknowledgment of a $500.00 donation from Ann Adams and
Sally Ehlers to the Fire Department along with authorization to
use the donation to assist in the purchase of a video camera,
Page No. 2
February 2, 1999
subject to documentation on what will be done with the existing
camera and where the remaining funding will come from.
e. Acknowledgment of a letter from Ted Husnik announcing his
retirement from the fire department effective on December 31,
1998 along with acknowledgment of his 20 years of service on
the fire department.
f. Approval of a memo from NDC4 regarding use of microphones.
g. Acknowledgment of the withdrawal of the city's offer of a
donation of $4,000 to the school district for the purchase of a
used snowmobile for cross - country trail grooming and general
grooming costs.
h. Acknowledgment of Mayor Mertensotto's election as the
MASAC Chair and approval to revise the city's MASAC
appointments made to January 5 as follows: to appoint as
Representatives Ad -Hoc Airport Relations Commission member
Jill Smith and Mayor Mertensotto, and to appoint as Alternate
Representatives City Administrator Batchelder and ARC Chair
Scott Beaty.
i. Approval of the three -year advisory commission reappointment
of Joe Betlej to the Planning Commission, Dick Spicer and John
(Jay) Liberacki to the Parks and Recreation Commission, and
Ellsworth Stein and Gregg Fitzer to the Airport Relations
Commission.
Direction to the City Administrator to send a letter to the
Metropolitan Airports Commission requesting commencement of
official negotiations to resolve differences between the Mendota
Heights and Minneapolis Contract(s) Prohibiting a Third Parallel
Runway (letter to be directed to Jeff Hamiel with a copy to the
attorney for the MAC).
k. Approval of the list of contractor licenses dated February 2, 1999
and attached hereto.
1. Approval of the List of Claims dated February 2, 1999 and
totaling $61,309.71.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
Page No. 3
February 2, 1999
CASE NO. 99 -01, Council acknowledged an application from Mr. Scott Thomas
THOMAS for a 2.5 foot front yard setback for a garage addition at 1442
Wachtler Avenue. Council also acknowledged associated reports
from the City Planner and city staff. Mr. Thomas and Mr. Dean
Madsen, architect, were present for the discussion.
Mr. Madsen reviewed drawings for Council and the audience, stating
that Mr. Thomas is interested in receiving a variance to add a single
car garage onto his existing garage and to add a sunroom to the rear
of the building. He pointed out that although a variance is being
requested, the new garage sits at the same setback as the existing
garage. The Planning Commission had a couple of interpretations on
the setback. One was that the setback variance should be from the
standard 30 foot setback. The other was that adjacent houses are set
back 35 feet, establishing 35 feet as the setback line. He informed
Council that in two points the existing garage is at 27 Y2 feet from
the property line and Mr. Thomas is asking for a garage addition at
the same setback. The neighbors have consented to the variance.
Mayor Mertensotto stated that as a practical situation, the house
already encroaches into the setback ant nothing will change if the
requested variance is approved.
Councilmember Krebsbach stated that she would like it to be clear
that the applicant is not asking for a sideyard setback variance.
Mr. Madsen responded that no sideyard setback variance is requested
or needed. Also responding to a question from Councilmember
Krebsbach, he stated that Mr. Thomas is going to reside the entire
house so that the existing structure and addition all have the same
exterior.
Mayor Mertensotto stated that the plans which are submitted with
the building permit application must show that the siding will be
uniform around the entire structure.
Councilmember Huber moved adoption of Resolution No. 99 -04, "A
RESOLUTION APPROVING A BUILDING PERMIT
AUTHORIZATION AND A 2.5 FOOT FRONT YARD SETBACK
VARIANCE FOR A GARAGE ADDITION FOR 1442
WACHTLER AVENUE."
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
Page No. 4
February 2, 1999
CASE NO. 99 -02, Council acknowledged an application from Mendakota Country Club
MENDAKOTA COUNTRY for a conditional use permit to construct a new maintenance facility.
CLUB Council also acknowledged associated staff reports. Mr. Bob
McKinney, Superintendent at Mendakota, was present for the
discussion.
Mr. McKinney stated that he is present to request approval for a
much needed maintenance facility. He explained that the
maintenance activity moved into the 5,000 square foot Pro Shop in
1989 and needs more space. The proposal is for a 10,000 structure,
and Mendakota also plans to redesign the tee running north/south at
Dodd Road to straighten out the hole that runs along Dodd. He
informed Council that Mayor Mertensotto has asked him why a 60
foot by 180 foot flat roof is proposed, and stated that commercial
applications like that are built using steel panels to hold up the roof.
The building will be concrete block, about 20 feet tall with a slight
pitch to the roof, similar in appearance to the fire station. He noted
that several of the buildings along Dodd have flat roofs, and that
Mendakota also feels that the building will be less obtrusive with a
flat roof. To carry a sixty foot span with trusses would require more
- columns to hold up the structure and they would get in the way. The
building will be for storage and there would not be room to hide the
columns.
Mr. McKinney stated that Mayor Mertensotto has also asked about
the appearance on the east side of the structure and suggested that
there should be windows on the east side of the building. He stated
that windows are not needed for the intended use and they would get
in the way. If there were windows, one window would have to be in
the lunch room and he would like to put lockers in along the wall
where the window would be. Other windows would fall where cold
storage will be and one would be in the shop area where he wants to
put pegboard. He stated that Mayor Mertensotto also asked if some
detail could be added to break up the long east wall, and Mendakota .
would be glad to do that.
Mayor Mertensotto stated that the problem he has is that Mendakota
is proposing to line the building up with the Fire Station, which will
be acceptable from a setback standpoint, but the building would be
60 by 180 feet. He informed Mr. McKinney that Council would
likely not permit that size building in the industrial area as it is
proposed, and this building would be on Dodd Road, which is not an
industrial area. The building is 20 feet tall and even though there are
scuppers running up and down, that does not break up the wall.
Using different colored block does not break up the mass either. He
Page No. 5
February 2, 1999
stated that Mr. McKinney is correct in saying that a residential style
roof would not be good for the structure but it really bothers him that
Council would be approving a 180 foot long concrete wall along
Dodd Road. He informed Mr. McKinney that he has come to the
conclusion that it is the height of the building that makes it
obtrusive. He stated that he spent considerable time reviewing the
plan and trying to come up with a suggested revision that would be
more acceptable. He proposed to Mr. McKinney that the length of
the building be reduced to 105 feet and that the cold storage area be
moved into a 75 foot wing. Nothing else would need to change
except that one exterior door would be lost. He also felt that there is
more parking proposed than is needed. He stated that if this type of
design were used, there would be a slightly longer run needed for the
sewer line, but the length of the building would be scaled back
considerably and Mendakota could retain everything that is in the
currently proposed design.
Regarding parking needs, Mr. McKinney responded that there could
be up to 19 people working in the maintenance department at one
time in the summer months.
Councilmember Dwyer asked if there is anything peculiar to the
function of the building that requires the linear area.
Mr. McKiney responded that the large courtyard area gives him
room for trucks, etc. to come in and back up. He stated that he has
looked at "L" shaped and "T" shaped configuration and feels that
the proposal he is presenting is the most practical.
Mayor Mertensotto responded that if an "L" shaped configuration is
used, all of the doors would be internal and that is where the storage
should be for waste containers, sod, and other stored materials. He
stated that Mendakota would have to encroach on the future berm a
little to get vehicle access to that area, but there would be no doors
facing south or east. All would face the courtyard. He stated that
none of the building area would be lost but the entrance to the cold
storage would be the west. With regard to the garage door entrance
size, he stated that there could possibly be one sixteen foot door and
the others could be scaled down. Creating an "L" shape would scale
the building down to 105 feet along Dodd Road, which is the side of
the building that people will have to look at every time they pass by.
He informed Mr. McKinney that Council requires more in the
industrial area than is proposed on this building and that there is no
building in the industrial area that has 180 feet of length.
Page No. 6
February 2, 1999
Councilmember Krebsbach stated that turning the building into an
"L" shaped structure would be a great idea. She noted that it is
obvious that Mendakota is screening the building from the golf
course and she would hope they would screen it from Dodd.
Mr. McKinney responded that all of the trees that are shown on the
plan are existing trees.
Councilmember Krebsbach stated that she would want to see the
same intensity of screening on Dodd with evergreens. She asked
where the trucks will be coming from.
Mr. McKinney responded that they will be coming off Dodd along
the fence line into the building on the west side. The drive and
parking area will be blacktop and concrete. He stated that the plan
proposed by Mayor Mertensotto would limit him to one door on the
north and one on the west and that would make it difficult to get
equipment in.
Mayor Mertensotto responded that other than shifting or possibly
losing a door, all of the work space is the same in an "L" shaped
configuration as it is in the proposed plan. The "L" configuration
just takes the north 75 feet of building length and puts it in the
southwest corner of the building. He stated that he can see where
Mendakota could end up doing a lot of blacktop between the
building and the right -of -way and that would become a storage area.
He pointed out that the undesirable uses of the building would then
be visible from Dodd Road instead of from the golf course. He
stated that cutting the building back to 105 feet in length would
make it more palatable and Mendakota would not lose any space.
He also suggested that perhaps a band at the first floor level would
also help break up the building. He stated that Mr. McKinney has
stated that the building would be eighteen feet high and there will
not be any equipment on the roof that could be seen from the road.
Councilmember Dwyer asked if there are extra construction costs
involved in the "L" shaped design that would make the building cost
more than a 180 foot long building design.
Public Works Director Danielson responded that there would likely
be higher costs but that he would think there would be more
significance in how it would affect Mendakota's operations.
Page No. 7
February 2, 1999
Councilmember Dwyer noted that the Mayor's proposal would not
affect the square footage of the building but access would change
and it would be necessary to move the doors.
Councilmember Schneeman stated that she looked at the site and can
see where the berms are, and felt that there should be more trees than
are proposed.
Responding to a question, Mr. McKinney stated that the building
will probably be tan in color with a dark brown accent. He stated
that Mendakota needs a maintenance facility and will do what it
takes to get one as long Mendakota can afford it.
Mayor Mertensotto responded that he thinks an ' L" shape would be
more palatable as far as the city is concerned. He again stated that he
does not think there area any 180 foot long buildings in the city now
and pointed out that this is a very prominent location. He stated that
Council would like to do what it can to assist Mendakota, but 180
feet is too long.
Councilmember Huber stated that Council has discussed
development issues with Mendakota in the past, and part of that
discussion involved tearing down the existing maintenance facility.
The discussion included the city giving Mendakota assistance, and
perhaps the city could help if Mendakota would be willing to make
the suggested adjustments.
Mr. McKinney responded that his concern would be getting the
trucks into the courtyard. He stated that he does not think he could
screen the courtyard as well under an ' L" configuration as he could
with the proposed plan. He informed Council that when the new
maintenance facility is completed, the existing one will be torn
down.
Councilmember Krebsbach stated that Council is interested in this
part of the city and is looking into development in the area. Council
has discussed some things that the city could potentially do with TIF
assistance, and has discussed assisting with development costs. She
stated that she would be very interested in more screening, similar to
the evergreens on Dodd. She asked that Mr. McKinney take the
same care with what is done along Dodd Road as he does with the
golf course view, including the intensity of the screening.
Responding to a question from Councilmember Dwyer about
projecting the building westward rather than eastward, Mr.
Page No. 8
February 2, 1999
McKinney stated that he will look at all options, but that he must
also look at costs.
Mayor Mertensotto stated that as far as the city is concerned,
Council would be willing to work with Mendakota and discuss the
cost issue with Mr. McKinney if he feels there will be added costs
for constructing an "L" design and moving the building to the west.
He informed Mr. McKinney that what he wants is that Mendakota
have its activity behind the building and not in front, facing Dodd,
and that the building length be cut and the doors not face Dodd. He
stated that if the building were interior to the golf course, in the
woods, Council would have no problem with it, but the building is
proposed on Dodd Road where it can be seen by thousands of people
passing by each day. It may delay construction, and perhaps the city
will have to contribute TIF funding for whatever qualifies under TIF
guidelines, but if Mendakota spends a little more time on planning
everyone will come out with a better product. He stated that he
would like to keep the issue open for awhile, stating that while he
realizes Mendakota has to have plans drawn, if changes are not made
in the design, he could not approve the plan.
Councilmember Schneeman asked what can be done to speed the
process up for Mendakota. She asked if Council could have an ad
hoc group meet with Mr. McKinney before the next Council
meeting.
Mayor Mertensotto responded that two members of the Council
could meet with Mr. McKinney as an ad hoc committee. He
informed Mr. McKinney that Council has concerns about the linear
building size and the need for more screening and asked Mr.
McKinney to come back to Council in two weeks after addressing
those concerns.
The Secretary of Mendakota Country Club stated that the intent was
that the trucks that load materials for the maintenance work come in
from the south and into the courtyard. He asked how that can be
done with the "L" design.
Mayor Mertensotto responded that the doors can still be on the inside
and that parking would be on the south side.
The Secretary responded that he does not see where the trucks can
j get in if the "L" were to the east and if it were to the west he would
be concerned about the setback. He also asked if 105 feet of length
is a magic number.
Page No. 9
February 2, 1999
Mayor Mertensotto responded that it is not, but that is the length of
the cold storage area. The 75 foot wing is the size of the heated
storage area. He stated that all he did in his proposed layout was to
take the heated storage area off the north end of the building and put
it in the "L." He stated that he feels 105 feet is the maximum length
and that he would like to cut that back more if possible.
Councilmember Huber stated that Council is not trying to design the
building but is giving Mendakota feedback. What Council is saying
is that a 180 foot structure at the proposed height would not be
approved, either along Dodd Road or in the industrial park. He
stated that Council is looking for a combination of reduced length
and additional architectural interest or whatever will soften the
appearance of the building.
The Secretary asked if there could be two buildings instead of one.
Mayor Mertensotto responded that two buildings would be fine but
that Mr. McKinney told him that would increase the costs. He
suggested that perhaps the office area would not have to be as tall as
the shop area, and that two buildings would give more design
options and more landscaping could be done.
Mr. Art Miller, a resident of Mendota Heights and member of the
Club, stated that he has been involved in the design with Mr.
McKinney. He stated that it is important that Mendakota be able to
move all of the equipment out of the building simply from the cold
storage area. He stated that 60 feet is a long way to move equipment
and asked if it is possible that Mendakota could put doors on the
south side and a door on the east side so the equipment can be taken
in and out.
Mayor Mertensotto stated that he would prefer that the door not be
on the east side because Mendakota would need to put blacktop on
the east side. He stated that blacktopping for 19 or 20 parking
spaces would not be desirable on the east side of the building and he
would prefer it not be blacktopped.
Mr. Miller responded that he and Mr. McKinney looked at a lot of
newer maintenance buildings at other courses including The Wilds
and Bear Path, and they are similar to what Mendakota proposes to
do. He stated that Mendakota needs to get its equipment in and out
easily.
Page No. 10
February 2, 1999
Councilmember Huber stated that as the Mayor has said, if the
building were more internal to the course where it would not impact
Dodd Road there would be less concern about the building length.
Councilmember Dwyer moved to table the application for
conditional use permit to February 16 and to appoint Mayor
Mertensotto and Councilmember Schneeman to serve as an ad hoc
committee to work with Mendakota.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 99 -03, LAKE Council acknowledged an application from Mr. James Lake for a 6.5
foot front yard setback variance for a garage addition to add a third
stall to the existing garage at 630 Sunset Lane, along with associated
staff reports. Mr. Lake and Mr. Alan Kretman, planning consultant
for Mr. Lake, were present for the discussion.
Mr. Kretman stated that he has been working with Mr. Lake to put
together drawings for an addition, looking at existing conditions. He
reviewed the plot plan, stating that there are quite a few evergreen
trees in the front of the property. He explained that Mr. Lake's lot is
a corner lot and an adjoining neighbor's house is set back 5 0. 10 feet,
so the setback required for Mr. Lake's garage is 30 feet plus half of
the 20 additional feet his neighbor's house is set back (setback
requirement of 40 feet). The garage is proposed to be set back 33.5
feet. He stated that Mr. Lake is proposing to add a single garage
stall at the end of his, expanding from a two car garage to a three car
garage, and a 6.5 foot variance is needed. The structure would be
about 15 feet tall where it encroaches on the setback area.
Mr. Kretman stated that he feels that from a city standpoint there are
things that justify the variance. The shape of the parcel was created
a long time ago and the house was built a long time ago. Mr. Lake
moved in four years ago and had nothing to do with how it was built.
The shape of the lot is unique, and only a small portion of the garage
would encroach on the setback. He felt that there will be minimal
impact on any neighbors. He stated that one of the Planning
Commission discussion issues was that while the addition sounds
like a good idea, the ordinance limits what can be done. He stated
that the idea is to put the 12 foot wide addition on the garage with
the accompanying roof and that Mr. Lake plans to put a new roof and
new siding on his home so that everything matches. He stated that
Mr. Lake may also want to put some living space above the existing
garage.
Page No. 11
February 2, 1999
Responding to a question Mr. Mayor Mertensotto, Mr. Lake stated
that a child's bedroom in the house to the south will face the
addition.
Councilmember Dwyer noted that the neighbors to the south have
not objected and all of the neighbors have agreed to the proposal.
Mr. Lake stated that there had been a question about the view to the
south and their main concern was to make sure that the building all
flows together. He reviewed sketches for Council. He also informed
Council that he has decided not to have living space above the
garage, and that the door in the garage addition will be 9 feet tall.
Responding to a question from Mayor Mertensotto about the need
for a nine foot door, Mr. Lake stated that he will be storing a vintage
vehicle in the addition.
Councilmember Huber stated that Mr. Lake had a sketch that showed
living space above the two car garage.
Mr. Lake responded that it was just a sketch and that he is not going
to create living space above the garage. He stated that he is just
looking for an additional garage.
Mayor Mertensotto pointed out that Council could set a condition
that there cannot be double decking over the third stall. He stated
that the drawing before Council shows that the driveway is being
moved further to the east and the drawing before Council tonight
takes away stacking room and puts the driveway close to the stop
sign.
Mr. Lake stated that he is not moving the curb cut at all.
Mr. Kretman stated that the city can regulate the access issue and say
that the addition can only be one story. He stated that it is also
appropriate that Council place restrictions as it wishes.
Mayor Mertensotto stated that a variance goes with the land and the
variance can be recorded against the property so that any future
owner is put on notice that he could not double deck the garage or
change the curb cut.
Councilmember Krebsbach pointed out that one of the neighbor's
major concerns was that the landscaping not be changed.
Page No. 12
February 2, 1999
Mr. Lake responded that he will do anything the neighbor would like
and that he and the neighbor have talked about fencing and trees and
agree that fencing would not be good. He informed Council that he
told his neighbor he would be more than happy to add more trees.
Mr. Jolene Kirchner, 1255 Dodd Road, stated that she lives at the
corner of Dodd and Sunset and the addition would not affect her.
She stated that she is in favor of the Lakes' proposal.
Mr. Jerry Gotz, 633 Sunset Lane, stated that he supports the Lake's
proposal and that his concern when he moved into his home was to
have a good neighborhood feeling. He stated that he feels as much a
part of his neighborhood as he did in his old neighborhood and Mr.
Lake is one of the reasons why he feels that way. He stated that Mr.
Lake is a perfectionist and that he came to him a year ago to show
him his proposal.
Councilmember Dwyer moved adoption of Resolution No. 99 -05,
"A RESOLUTION APPROVING A BUILDING PERMIT
AUTHORIZATION AND A FRONT YARD SETBACK
VARIANCE FOR A GARAGE ADDITION FOR 630 SUNSET
LANE," with the conditions that the curb cut not be widened from
the existing width, that the addition not have living space above it,
that the exterior of the addition and the exterior of the existing house
be the same and that the existing landscaping be maintained or
enhanced.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
Staff was directed to record the resolution against he property at
Dakota County so that future owners will be aware of the
restrictions.
CASE NO. 99-04, KOURY Council acknowledged an application from Mr. Tom Koury for a 7
foot sideyard setback variance to allow construction of a home
addition at 1061 Esther Lane. Council also acknowledged associated
staff reports. Mr. Koury was present for the discussion.
Mr. Koury reviewed drawings of the proposed addition, informing
Council that he has an irregularly shaped lot. He stated that he came
away from the Planning Commission meeting with a suggestion that
he replat his lot, which he felt makes sense. He reviewed the site
plan for council and stated that he needs the addition because he is
disabled and needs to do more work out of a home office. He
reviewed the plan for the addition, explaining that the building plan
Page No. 13
February 2, 1999
shows the entrance in the wrong place — it will be from the south.
Mr. Koury if he needs a handicapped access in the future, the south
would be the best place for the access. He stated that there will be a
basement under the addition and there will be an egress window in
the basement. The problem he ran into is that the corner of the
proposed addition comes within three feet of the existing property
line. He informed Council that his mother lives to the north of his
lot and that their lots were platted in 1944. He stated that he also
needs a variance to move the lot line so that he and his mother can
deed some of their property to each other to straighten out the lot
line. He expressed concern that if he goes through the process to get
the variance, his construction will be delayed.
Mayor Mertensotto responded that Mr. Koury proposes to adjust his
south property line so that he does not need a setback variance but
that he would need a variance to replat.
Mr. Koury responded that he would need the replat variance and that
the Planning Commission told him that there would be a
demonstrated hardship. He further stated that if he has to go through
the process of filing for the variance to move the lot line it will take
another month and road restrictions which will be in place then
would mean he could not start construction until June.
Mayor Mertensotto stated that Mr. Koury's lot is a non - conforming
lot and Council could authorize the issuance of a building permit so
that Mr. Koury can build his addition with the condition that he
proceed with replatting the boundary line. Mr. Koury and his mother
would still not have non - conforming lots but Mr. Koury would not
need the setback variance. He stated that if Council authorizes the
building permit, Council can stipulate that Mr. Koury would not get
a certificate of occupancy until the replatting of the boundary line is
completed. He stated that it is obvious that approval of the permit
would imply that Council would be granting a variance.
Mr. Koury informed Council that he has already spent considerable
money on the replatting process and that the replatting may be done
before the building project is started.
Councilmember Dwyer stated that he feels the lot line adjustment is
a very creative and equitable solution.
j Councilmember Dwyer moved to deny the requested variance and
authorize the issuance of a building permit for a garage addition at
630 Sunset Lane, with the condition that the applicant must apply for
Ayes: 5
Nays: 0
Page No. 14
February 2, 1999
a replat of the boundary line so that no variance is needed for the
proposed structure.
Councilmember Schneeman seconded the motion.
Staff was directed to instruct the Code Enforcement Officer to issue
a building permit because Council has an agreement from the
property owner that he will replat the property line.
Councilmember Krebsbach asked what the amount of encroachment
is from the building on the adjacent property.
Mr. Koury responded that part of his neighbor's car port encroaches
3 feet onto his property. He informed Council that he has spoken to
his neighbor about the matter but that Mr. Koury does not want to
bear the cost of straightening out that property line.
MENDOTA HEIGHTS Council acknowledged a memo and proposed ordinance from Public
ROAD PARKING Works Director Danielson in response to a request from Friendly
Hills Middle School Principal Wynne for the installation of "no-
stopping, no- parking" signs near the school's entrances on Mendota
Heights Road.
Public Works Director Danielson informed Council that he and
Police Chief Johnson agree with the recommendation of Ms. Wynne.
He stated that police officers have been patrolling the area and
confirm that people are dropping their children off on Mendota
Heights Road and the children have to cross the street to get to and
from school.
Mayor Mertensotto stated that the signs should be installed but that
there should also be more instruction. He felt that there should be no
parking or stopping within 100 feet of the driveway entrance in the
morning.
Responding to a question from Councilmember Krebsbach, Public
Works Director Danielson stated that when people turn into the
school property they have a hard time getting back out onto Mendota
Heights Road making left turns, so they prefer not to go into the
school's lot.
Councilmember Krebsbach responded that there seems to be a larger
problem than signage — there is a major traffic problem.
Page No. 15
February 2, 1999
Public Works Director Danielson stated that installation of the signs
will cause people to go into the parking lot and traffic will back up.
He stated that the school should do some modifications to the
driveway to add a left turn lane so that people making right turns can
do so easily.
Councilmember Krebsbach suggested that perhaps exit from the
school property should be by right -turn only.
Public Works Director Danielson responded that the school district
does want no left turn signs and they can do that, but there is a
question of whether the city can enforce the signs on private
property.
Councilmember Krebsbach stated that she would rather facilitate
people dropping their children off on school property.
Councilmember Schneeman asked whether Principal Wynne had not
asked for the signs as a short term solution and that she had indicated
that the school would continue working on a solution.
Public Works Director Danielson agreed, and stated that the
proposed signage would be a first step.
Councilmember Huber stated that he noted in the letter from Ms.
Wynne that she is recommending that the city not install no parking
signs on Mendota Heights Road because the parking lot is limited
and people often park on the road for school events.
Public Works Director Danielson responded that hoods can be
placed over the signs if Council wishes to allow parking when school
events are scheduled.
Councilmember Schneeman moved adoption of Ordinance No. 327,
`AN ORDINANCE PROHIBITING PARKING AND STOPPING
ON MENDOTA HEIGHTS ROAD NEAR THE FRIENDLY HILLS
MIDDLE SCHOOL."
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
ORDINANCE NO. 328 Council acknowledged a memo from the Public Works Director
along with a proposed ordinance to amend the building ordinance to
provide for expiration of building permits.
Page No. 16
February 2, 1999
Councilmember Dwyer moved adoption of Ordinance No. 328, "AN
ORDINANCE AMENDING ORDINANCE NO. 502."
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
TELEPHONE SYSTEM Council acknowledged a memo from Treasurer Shaughnessy
regarding retention of a consultant for preparation of a request for
proposals for a new telephone system.
Administrator Batchelder informed Council that Ms. Kate Boland,
from Advanced Communication. has been working with city staff on
a voluntary basis to develop parameters and definition for a
telephone system for City Hall, Public Works and the Fire Station.
He stated that staff is at the point where an RFP can be prepared but
does not have the expertise needed to prepare an appropriate RFP to
get the best system and price for the city. He stated that the purpose
of the memo is to recommend that the city pay Ms. Boland on an
hourly basis to assist staff in putting together an RFP, going through
the bid process, and reviewing the bids so that the city can make
judgments on the bids that are received.
Treasurer Shaughnessy informed Council that Ms. Boland is a friend
of his and has been assisting staff because of that friendship. He
stated that she has not asked for any payment and has volunteered
her time to help staff get started in the process, but that he felt she
should be compensated for future consulting service, on an hourly
basis with a maximum of $2,000. He informed Council that Ms.
Boland was employed by Lucent Technology in the past and
prepared requests for proposals for clients.
Administrator Batchelder stated that Advanced Communication does
not provide telephone systems and will not bid on the system.
Advanced provides local telephone service in competition with US
West. He informed Council that Ms. Boland is hoping that the city
would consider using Advanced as a local telephone service provider
on the basis of the prices they charge in comparison to US West.
Her prior experience with Lucent was in helping organizations
develop and define telephone systems.
Mayor Mertensotto stated that if Ms. Boland is capable of putting
together a system that is capable of serving the city's needs and
preparing an RFP that can be met by several vendors, he would
support the recommendation.
Page No. 17
February 2, 1999
Councilmember Huber moved to authorize the retention of Kate
Boland's services for the purpose of drafting an RFP for a telephone
system, on an hourly rate basis with a cap of $2,000.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
METROPOLITAN COUNCIL Mayor Mertensotto informed Council that he has received a request
APPOINTMENT from Carl Cummins III for Council endorsement of his appointment
as the District 15 representative to the Metropolitan Council. He
stated that Mr. Cummins served as a member of the City Council
from 1985 to 1993. He briefly reviewed Mr. Cummins' credentials
in public and civic service. Mayor Mertensotto stated that Mr.
Cummins has asked him to write a letter to the Governor on his
behalf for appointment as the District 15 representative.
Councilmember Huber moved adoption of Resolution No. 99 -06, "A
RESOLUTION NOMINATING CARL CUMMINS III FOR
APPOINTMENT TO THE METROPOLITAN COUNCIL."
Councilmember Krebsbach seconded the motion.
Ayes: 5
' Nays:0
Councilmember Schneeman stated that she has no reservations about
nominating Carl Cummins but wondered if there is a process
whereby someone else to be nominated. She stated that she is not
aware of anyone else in Mendota Heights who is interested in
appointment.
MISCELLANEOUS Administrator Batchelder informed Council that he has received a
letter from the City of Eagan congratulation Mayor Mertensotto on
his appointment as Chair of the MASAC.
Administrator Batchelder informed Council that he and Chief
Johnson attended a meeting at West St. Paul today to put together
the final touches on a communication system upgrade and that over
the coming meetings, Council will need to make some significant
decisions on communication services and system upgrades.
Page No. 18
February 2, 1999
ADJOURN There being no further business to come before Council,
Councilmember Krebsbach moved that the meeting be adjourned.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 9:35 p.m.
Kathleen M. Swanson
City Clerk
ATTEST:
Charles E. Mertensotto
Mayor
Page No. 1
January 19, 1999
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, January 19, 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. Mayor
Mertensotto turned the chair over to Councilmember Huber.
AGENDA ADOPTION Councilmember Dwyer moved adoption of the revised agenda for
the meeting.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the
regular meeting held on January 5, 1999.
Councilmember Dwyer seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar
for the meeting, revised to remove item f, computer acquisition
memo, from the agenda, along with authorization for execution of
any necessary documents contained therein.
a. Acknowledgement of the minutes of the December 9, 1998 Parks
and Recreation Commission meeting.
b. Acknowledgment of the Fire Department monthly report for
December, 1998.
c. Acknowledgment of the Treasurer's monthly report for
December, 1998.
d. Acknowledgment of a memo regarding a correction in the
administration personal services budget detail sheet.
Page No. 2
January 19, 1999
e. Approval to pay a claim of $475.00 to Ms. Marion Ryan for
reimbursement for sewer back -up expenses at 684 No. Freeway
Road.
f. Approval of Authorization for the purchase of two replacement
1999 Ford Crown Victoria police cars from Superior Ford for a
total cost of $41,216.00.
g. Approval of the list of contractor licenses dated January 19,
1999 and attached hereto.
h. Approval of the List of Claims dated January 19, 1999 and
totaling $928,000.48.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
ENTRANCE SIGN Council acknowledged a memo from Public Works Director
Danielson regarding fmal design review for the city entrance sign
proposed to be constructed on Dodd Road at Mendota Heights Road.
Mr. Bob Peota and Mr. Cliff Swenson, from Signia Sign, were
present to review the proposed design.
Mr. Swenson informed Council that the last time he came before
Council he reviewed a design for a sign labeled option 1 which had a
limestone base with a wall in the back and a wall in the front and
landscaping. At that time Council directed design changes to save
some money but yet keep the design similar, matching the City
office sign. He then reviewed the proposed design changes, which
included removing the back wall and keeping a short retaining wall
in the front. The materials, including limestone veneered and
stacked limestone retaining wall, are the same. He reviewed the
planting scheme and the grading that will be required to create the
bench that the sign base will sit on. He informed Council that the
refinements have been made to the sign, and he is seeking approval
of the design.
Responding to a question from Councilmember Huber, Mr. Swenson
stated that the primary change from the last artist's rendering is
removal of the back wall. He showed Council and the audience a
sample of the rock faced stone that is proposed to be used in the
retaining wall and veneer. The stone is quarried in Minnesota, near
Page No. 3
January 19, 1999
i"
Mankato. The wall cap will be more finished to provide a contrast
with the stone.
Mayor Mertensotto asked the length of the 3 i/2 foot tall retaining
wall and whether it will stay in place over time. He pointed out that
there will only be a warranty of one year after the project is done.
Mr. Swenson responded that the wall is approximately 20 to 22 feet
long. He informed Council that from an engineering standpoint it is
not retaining a large load and will work fine. He stated that the
product has been used successfully in other projects, in walls up to
five feet tall, with no problems. The details that will be prepared
will be similar to the detail he has used in the other projects.
Responding to a question from Councilmember Krebsbach regarding
landscaping, he stated that there will be conifers in the back, crab
trees on the side and different plantings in front and in back of the
sign to provide color throughout the year. Three burr oaks are also
proposed to be added as a backdrop to the crabs.
Councilmember Schneeman asked how durable the sign cabinet is.
Mr. Peota responded that the cabinet is fabricated aluminum and will
not rust over time. The paint finish is metal based and will weather
like a car's finish. There is a ten year warranty on the finish before it
will start to fade. The inside of the cabinet would have fluorescent
illumination to light up the letters white at night with an opaque
background that will be dark at night.
Councilmember Dwyer stated that his notes were that the total cost
of the sign project would be $50,000 and that there was a suggestion
that if the city acts as general contractor there could be a 10% or
15% cost savings. He asked Mr. Peota to break down the costs.
Mr. Peota reviewed a detailed list of estimated (budgeted) costs for
each of the components of the proposed project. The total projected
cost is $47,250, plus a contingency.
Councilmember Dwyer stated that he has a concern about the city
spending $50,.000 on a sign. He pointed out that he has expressed
his concern in prior meetings about the policy decision and while it
is a lovely design, he does not know that the city needs to spend
$50,000 for a sign. He commented that even though TIF funding is
available, there are many institutions in the city, such as the school
district, that are having a tough time and he would have difficulty
Page No. 4
January 19, 1999
spending this kind of money welcoming people to the city. He
stated that he could perhaps support something less than half the
projected cost, but could not support spending so much money.
Councilmember Schneeman asked if Council envisions putting
similar signs in the city.
Councilmember Dwyer responded that Council has discussed putting
a sign at the Mendota Bridge mirroring the Dodd/Mendota Heights
Road sign.
Mayor Mertensotto stated that there would probably be another two
signs in the future.
Councilmember Schneeman asked if the cost would be the same for
future signs since the design is done.
Mr. Peota responded that the costs would depend on the site - how
much grading there would be and whether retaining walls would be
needed. He explained that once the contract documents are done,
there would only be a small fee to his firm for adjusting the sign to
the other signs.
Councilmember Krebsbach stated that part of the cost is really to
create the setting for the sign. She felt Council could get cost for the
actual sign down to half and that the minimum project that could be
done would be the retaining wall, the sign and the base and some
junipers around it. She pointed out that the plantings that are
proposed are common to Mendota Heights.
Mayor Mertensotto pointed out that Council has required that all
buildings in the industrial area be finished on all sides and has spent
a lot of time on landscaping. He stated that the city could probably
install a wooden sign for $5,000 but if Council wishes to perpetuate
the quality and image the city is trying to present, it will have to
spend the money that is projected. He felt that some of the estimates
are high and pointed out that there would be a savings if the city
general contracts the project.
Mr. Peota stated that his impression is that Council likes the sign.
He stated that he is seeking approval for the final design and that the
next step will be to get bid documents done, get some bids and know
the hard numbers. He pointed out that the numbers that have been
discussed are budget numbers and they may come down when the
bids come in. Getting the bids won't cost anything and Council will
Page No. 5
January 19, 1999
be able to look at what costs are associated with each of the
components and can hone in on some areas where costs can be
reduced.
Councilmember Krebsbach stated that it would be helpful to know
what part of the cost is for the retaining wall and the landscaping and
what part is for the sign. $50,000 for a sign alone would be more
than what the city would want, but the landscaping, etc., would
finish off the corner and Council's decision could be that finishing
the corner would be worth the additional $25,000 expense. If
Council ultimately decides not to finish the site, there would still be
a nice sign and a retaining wall.
Councilmember Dwyer stated that while he was campaigning no one
expressed need for a sign — they talked about helping out the school
district, more parks, more trails, ballfield lights, street lights, etc.
He wondered if there is support in the community for spending
$50,000 or even $25,000 for a sign.
Councilmember Huber stated that Council has been working on the
design for a number of months and there is concern about the costs.
He further stated that if it is Council's desire to go with a high
quality sign, the one proposed is the one Council would go with.
The question that remains is what level of investment Council
wishes to make. He pointed out that the memo from the Public
Works Director discusses preparing the bid documents and
recommends approving another $750 for Sigma's preparation of the
bid documents. He asked for Council's feeling about spending
another $750 to prepare final bid documents without committing to
going forward with the project.
Councilmember Krebsbach felt that if there isn't support for that
scale of project Council may not want to spend another $750.
Councilmember Schneeman stated that she likes the design and loves
the sign even though it is expensive. She asked if the city can do any
of the construction work.
Public Works Danielson responded that city staff does not have the
expertise to do the work.
Councilmember Dwyer pointed out that having Guy Kullander do
the contracting would take him off his regular projects, so there is
some question about how much money that would save.
Page No. 6
January 19, 1999
Councilmember Huber stated there is the concept that this will not be
the only sign. If Council is considering additional signs, the
multiples go up fast.
Councilmember Dwyer agreed, pointing out that instead of $50,000
the city would be spending $100,000 or $150,000
Mayor Mertensotto stated that Council does not have to commit to
additional signs but has made the decision to go with an architect
rather than going with a wood sign. He pointed out that as one
travels around the state and country, when landscaping goes with a
nice sign, it shows the level of care that goes into the city. He spoke
about the expenses projected for extending electrical and the stone
retaining wall. He stated that timbers could be used instead of stone
for the retaining wall to reduce costs. He felt that the cost will be
less than projected. If nothing is done it will remain a vacant two
acre site. He pointed out that the city requires extensive landscaping
in industrial projects and would not be paying homage to what it has
been preaching to others for so long.
Councilmember Krebsbach stated that her feeling is that if Council
authorizes the additional $750, it would be committing tonight to
supporting the concept and design and would pare down the costs
after they are known. She pointed out that there is significant TIF
available and other cities are investing more in boulevards and
landscaping than Mendota Heights is. Mendota Heights is
transitioning from rustic to more of a finished look, and that end of
the city connects the site to the schools which have signage similar
to the industrial area. Even though it is expensive, half of the cost is
for the sign and the other half is for finishing the site. She supported
both getting bids and doing the sign.
Councilmember Dwyer stated that he would support $750 more for
additional work by Signia that would tell Council whether this is
closer to a $35,000 project.
Councilmember Schneeman stated that she thinks it is necessary to
spend another $750 to find out because Council has already made an
investment in this project.
Councilmember Huber stated that he has reservations, even if
Council gets the cost down to $35,000 because there are still other
signs to do. He stated that he will go along with additional $750 on
the Signia contract but that he is not sure he could commit to
$35,000 for the sign project if it can be reduced to that cost.
Page No. 7
January 19, 1999
Councilmember Dwyer moved to authorize an amendment to the
contract with Signia to allow an additional $750 for preparation of
contract documents for bidding, to authorize Guy Kullander to act as
general contractor and to authorize solicitation of bids with the
understanding that ultimate approval of the project is reserved to a
later date.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
FRIENDLY HILLS MIDDLE Council acknowledged a memo from Administrative Assistant
SCHOOL PLAYGROUND Hollister regarding a request for funding for playground equipment
EQUIPMENT for the Friendly Hills Middle School. Ms. Linda Nides, and Ms.
Beth Sevenich, representing the Friendly Hills Middle School PTA,
and Ms. Liz Wynne, Principal of the middle school, were present for
the discussion.
Ms. Nides informed Council that she and Ms. Sevenich are
spearheading a fundraising drive to build a middle school
playground. She explained that $24,000 has been raised in four
months with the intent to build a playground that is geared towards
fifth through eighth graders. Total funding needed is $40,000 and
$24,000 has been raised. She stated that the Parks and Recreation
Commission has recommended that the city contribute $5,000 from a
special fund, which matches the $5,000 commitment from the school
district. The project is proposed in three phases. The parks
commission requested that the $5,000 contribution, if it is approved,
go to phase one, which is traditional playground equipment costing
$20,000. Of the funding already raised, $15,000 is committed to
Phase 1 and if the Council approves the Parks and Recreation
Commission commitment, Phase 1 will be fully funded and will be
installed in the coming spring. Phase 2 is seating and accessories —
park benches, tables with seating, trash receptacles, and bike racks,
etc. Phase 3 is Project Adventure, a team building rope challenge
course. She stated that the intent is that the playground be open to
the public. The city has set a precedent by supporting playground
equipment at Mendota School.
Responding to a question from Councilmember Schneeman, Ms.
Nides stated that the $24,000 raised to date does not include the
contribution recommended by the Parks Commission. She stated
that the Parks and Recreation Commission has given a commitment
to $5,000 and the PTA would also like to request an additional
$5,000 from the City Council budget.
Page No. 8
January 19, 1999
Councilmember Huber stated the Parks and Recreation Commission
can only make recommendations to Council and does not have the
authority to make expenditures. He further stated that when there are
commission recommendations regarding park equipment and park
land, Council asks the commission to recommend a funding source.
The commission is recommending that funding for this proposal be
from the Special Park Fund.
Responding to a question from Mayor Mertensotto, Ms. Nides
informed Council that Project Adventure would be used for school
and community education programs and teachers would have to go
through a training course and some of the rope courses would have
to be taken down if trained supervisors were not going to be present.
One of the Park Commission contingencies was that the contribution
go just to Phase 1.
Principal Wynne stated that when the group looked at putting
together a playground, the group looked at the ages of the children in
the school and the idea was to structure it so that the playground
would not be competing with the neighborhood park equipment.
Phase 1 is more of a fitness area as opposed to the traditional
playground versus swings and saws, etc. Phase 2 is a social area,
including picnic tables, where students can sit and socialize. Phase 3
is Project Adventure and staff members are already trained to
supervise its use. The school is looking at using it in its physical
education program. She stated that it is also excellent for children
who are at risk and also for adults. In terms of concerns about
students being on it unsupervised, there are several schools and
camps that have the equipment. The apparatus is designed so parts
can be removed, and signs will be posted as well. Historically,
liability is very low.
Mayor Mertensotto asked if community education will be charging
students for Project Adventure.
Ms. Wynne stated that although it is not something the group has
yet discussed, since there are school people trained and qualified to
supervise Project Adventure, she would like to provide the
opportunity for use of the equipment through community education
and also for organizations and small groups.
Councilmember Krebsbach asked if the Project Adventure apparatus
is used anywhere other than in a camp environment.
Page No. 9
January 19, 1999
Ms. Wynne responded that the apparatus is set up and used
successfully at the Eden Valley High School. She informed Council
that the apparatus will be located up on the hill in the woods to the
north of the bus area.
Councilmember Schneeman asked if the apparatus would be fenced
in. She stated that the apparatus would have to be supervised if
neighborhood children would be using them, especially in the
summertime.
Ms. Wynne responded that a lot of the equipment is designed with
detachable pieces. None of the area will not be fenced but there will
be signage. At this point the school does not see a need to fence the
area.
Councilmember Schneeman stated that she is familiar with the truss
ball component and kids could fall off it.
Ms. Wynne responded that the school would have to carefully
monitor the area initially to see if there are any problems.
Councilmember Dwyer asked what phase the second $5,000 would
be dedicated if the city contributes $5,000 from the general fund.
Ms. Nides responded that $3,000 is still needed for Phase 2 and it
might also be decided that pieces should be added to the traditional
playground.
Responding to a question from Councilmember Schneeman, Ms.
Nides stated that the fundraisers went to the Mendota Elementary
PTA and they have given a donation but they have not gone to the
other elementary schools as yet. The City of Eagan has not been
approached as yet.
Mayor Mertensotto noted that Council has been informed that
$15,000 in donations have been committed to Phase 1 and $9,000
has been committed to Phase 3 but nothing has been committed to
Phase 2.
Ms. Nides responded that the $5,000 from the school district has
been dedicated to Phase 3 because more funds were committed by
the business community to Phase I. The school district put no
restrictions on its donation.
Page No. 10
January 19, 1999
Ms Wynne stated that the experience has been that, in terms of some
of the funds that have been collected, people feel more comfortable
with donating to Phases 1 and 2 so it was the decision to apply the
school district contribution to Phase 3.
Mayor Mertensotto stated that his concern is that the PTA has a
program going and there is a legitimate basis for it because the city
has lots of equipment in its parks for the elementary aged children
but does not have equipment in the parks for older children. He
expressed concern about the letter from the PTA to the school
district attorney regarding public access.. He stated that if the city
makes a contribution, Council's intent is that the city residents will
have access. He asked if the residents who participate in community
education have to pay a fee also. He noted that Ms. Wynne has said
that use of Phase 3 will require supervision by trained individuals
and a certain amount of the equipment can be removed. He pointed
out that since the school district will own the equipment, it will bear
any liability. He stated that if the city is going to invest money, he
does not want the investment to be based on a statement that this is
planned and that is planned. He asked how much money is needed
to complete the total project.
Ms. Nides responded that with the $5,000 contribution from the city,
$12,000 is still needed to complete the project.
Ms. Wynne stated that if there were additional funds, there would be
more money to apply towards Phase 3. No more money can be
added to Phase 1 because there is not sufficient space for additional
equipment. Responding to a question from Mayor Mertensotto, she
stated that if there is a commitment for the $16,000 that is still
needed, all three phases will be completed.
Mayor Mertensotto asked how much of the remaining unfunded
$16,000 the PTA thinks it can raise.
Ms. Nides responded that she believes the larger donations have
been received. The PTA applied for a grant from Dakota County but
it fell through. She felt that the PTA can possibly fundraise another
$2,000 this year and will continue the drive next year.
Mayor Mertensotto asked if the PTA is asking for $5,000 from the
Special Park Fund and another $10,000 from the city.
Ms. Nides responded that $24,000 has been collected, so $16,000
more is needed.
Page No. 11
January 19, 1999
Mayor Mertensotto asked, if the city contributes an additional
$10,000 in addition to $5,000 from the Special Park Fund, if the
school board will commit themselves to say that it will take no
action to prevent community use of the property.
Ms. Wynne responded that she would take that matter to the school
board.
Mayor Mertensotto stated that there is justification for the
commitment, because the city spent about $850,000 for the Henry
Sibley High School athletic complex and the response he got one
time about having additional cooperation in the use of that facility
was that the city signed a bad contract. He stated that if Council
decides to donate money to improving the Friendly Hills Middle
School playground facilities, they have to be open for public use
outside of school hours without any prohibition on public use. He
recommended contributing the $5,000 and another $10,000 but the
$10,000 would be conditioned upon the school board making that
commitment.
Councilmember Huber stated that his concern about guaranteeing
access is that the city would be committing money to the portion of
the project that requires supervision. He did not know whether the
current school board can commit future staffing.
Mayor Mertensotto responded that the city could commit the funds
to Phases 1 and 2 with the condition that they be open to the public
when they are not being used for school activities.
Ms. Nides stated that the school district has guaranteed taking on the
liability and future maintenance.
Councilmember Huber stated that he does not know that the city
needs a guarantee to access to the phases 1 and 2 facilities because
they will be open to the people passing by.
Ms. Nides stated that she understands the Mayor's concerns about
past commitments and what the PTA wants is a playground for the
students and something that is open to the community. She stated
that a contingency could be placed on the contribution and she can
take that matter to the school board.
Councilmember Dwyer suggested approving the $5,000 from the
Special Park Fund to complete Phase 1 as recommended and donate
Page No. 12
January 19, 1999
$3,000 from the General Fund to be dedicated to completion of
Phase 2 and let Project Adventure stand on its on feet.
Councilmember Schneeman stated that the $5,000 from the school
district is only for Phase 3.
Ms. Nides stated that the board did not dedicate its contribution to
any phase Responding to a question from Councilmember
Schneeman about the Heritage Middle School, she stated that this is
a Friendly Hills PTA sponsored fund raiser in Mendota Heights for
the Friendly Hills Middle School and Mendota Heights residents.
Ms. Wynne stated that the district will treat the facility as it does the
ball fields, tennis courts, etc. which are open to the public when not
being used by the schools.
Councilmember Krebsbach stated that Phase 3 does depend on
staffing and asked if it is anticipated that there will always be
available.
i Ms. Wynne stated that she feels it will because the phy ed teachers
are trained to supervise Project Adventure and there will always be
phy ed at the school Through the school, programs can be offered
for family type events and also through community education where
the school's instructors will instruct.
Ms. Nides stated that the school could work with the city as it does
now on the golf program, and other recreation programs.
Ms. Wynne stated that if the school is were fortunate enough to have
this opportunity she will seek out opportunities to maximize use of
the apparatus. She stated that the school would be very receptive to
organizations with the only concern that whoever is supervising is
qualified to do it.
Mayor Mertensotto stated that if the city were to contribute $15,000
Council would want the assurance that all three phases would be
completed and would also need assurance that the playground would
be open to the community.
Councilmember Krebsbach stated that should another organization
within the city develop trained staffing, they would then be able to
l use the Phase 3 equipment. That is the only way there would be
access to Phase 3.
Page No. 13
January 19, 1999
Responding to a question about charges for use of Project
Adventure, Ms. Nides stated that if, for example, another middle
school or other organization wanted to use it, there would be some
charge for the staffing but not for the use of the apparatus. The
charge would be to compensate the instructor for coming in after
hours.
Councilmember Huber restated the various proposals.
Mayor Mertensotto stated that he would like to see the project
completed because the city does not have a park that has the
proposed types of facilities.
There was discussion over potential liability, and it was noted that
Council can require that it be a named insured on the school's
insurance policy.
Councilmember Huber stated that he has a problem with Phase 3
because he does not know how access can be guaranteed and there is
no guarantee that it will always be staffed. He had no question about
funding the completion of phases one and two.
Councilmember Dwyer stated that the school's stated goals to help
children in crises through the Phase 3 portion are good, that is not a
goal that city's would ordinarily foster.
Councilmember Krebsbach suggested donating $5,000 each to Phase
1 and 2.
Mayor Mertensotto agreed, stating that funds already committed
could be transferred to Phase 3.
Councilmember Dwyer moved that the City Council accept the
recommendation of the Parks and Recreation Commission and
dedicate $5,000 to Phase 1 and that council donate $3,000 from the
general fund contingency to the completion of Phase 2 with the
understanding that those phases be accessible to the general public
outside of regular school hours.
Councilmember Schneeman seconded the motion.
Mayor Mertensotto expressed concern unless the school board
assents to accessibility to the general public, access to the public is
not guaranteed.
Page No. 14
January 19, 1999
Responding to a question about whether there is anything in the
design that would restrict someone from using Phase 1 and 2
equipment, Ms. Wynne stated that the Phase 1 and 2 will not be
fenced in. They will be placed in the area adjacent to the basketball
courts in a wide open area and will have access from the bike trail
and other accesses. The only time there would be students in the
summer would be if summer school is held, and access to the
playgrounds would be available. She stated that the project would
be for the kids, and for the community. She could think of no way it
would not be accessible to the general public.
Councilmember Huber stated that he shares the concerns Mayor
Mertensotto has about what happened at Sibley but this (Phases 1
and 2) is not the kind of equipment where people will schedule use
of it. It is a very unstructured use type of playground.
Councilmember Krebsbach stated that keeping the statement in the
motion about access is important, so that any letter to the school
board would contain the text of the motion and the funds would be
contingent upon access to the public.
Mayor Mertensotto pointed out that if someone gets hurt in the area,
the school district could say that it cannot be used by the public and
call the police department to keep people out. He stated that the city
could donate the $5,000 from the Special Park Fund for Phase 1 and
there should be a resolution from the school board that if the city
contributes the extra money the board will commit to not imposing
any rule or regulation that would prohibit public access and use of
the facilities outside of school hours.
Councilmember Krebsbach stated that she would rather designate the
$8,000 and send a copy of the motion and release of the funds would
be based on the school district responding that they can accept the
conditions within the motion.
Councilmember Dwyer restated the motion as follows: that the city
donate $8,000 towards Phase 1 and Phase 2 with the understanding
that it is tendered to the school district with the condition that the
school board, by motion at a school board meeting, agrees that
phases 1 and 2 will be open and accessible and with the
understanding that the donation will not be made until the city
receives the school board resolution.
Ayes:5
Nays: 0
Page No. 15
January 19, 1999
RMF CONTRACT Council acknowledged a memo from Public Works Director
Danielson regarding a proposed contract for services for preparation
of a concept plan for redevelopment of the Freeway Road area.
Council also acknowledged a proposal for Master Plan Services from
Mr. Ross Fefercorn, from RMF Enterprises. Mr. Fefercorn was
present for the discussion.
Mr. Fefercorn referred to his letter to the city dated November 25,
1998 which summarizes what he proposes to do with the site. He
briefly reviewed the credentials of the group he will be working
with, which include Nelson Tremain Partnership, A Studio and RMF
Entities. He explained that Nelson Tremain and A Studio will help
him make a recommendation on what should be done with the site.
The proposal for services includes an outline with three major areas:
collection and gathering of information about the city and the site
(Phase I); taking that information and developing two conceptual
master plan alternates for presentation to the City Council and city
staff (Phase II); and, taking to a greater level of definition one of
those two plans. He stated that this could be a $30 to $35 million
development for the city, so the city should easily be able to
recapture TIF from tax revenues. He explained that he would put
together a bound report putting together everything his group has
done in the process, and the city would have that documentation as
the project moves forward to reality.
Councilmember Huber asked if Mr. Fefercorn has any idea of
approximately how long it will take to complete the three phases.
Mr. Fefercorn responded that he would hope it would be a four to six
month process and that it will be no greater than six months.
Councilmember Huber stated that if Mr. Fefercorn would like to get
through all thee phases by the end of summer, he will need some
commitment from Council to keep that schedule.
Councilmember Krebsbach asked where there are examples of the
work that Mr. Fefercorn has led that Council could see.
Mr. Fefercorn responded that he included a resume of his work in the
original proposal. He informed Council that over the past several
years he has done over a dozen housing developments and probably
close to 1,000 units of market rate housing. Basically over the years
he has built separate housing developments and separate retail
developments and the city's project envisions wedding those uses.
Page No. 16
January 19, 1999
Councilmember Krebsbach asked is there a development Mr.
Fefercorn knows of that might be what he is envisioning.
Mr. Fefercorn responded that most urban cities have something like
what he is referring to, such as the Uptown area of Minneapolis
which has a mix of housing, retail and services, which has all of the
components. Also there is a site in Kansas City. In Minnetonka,
CSM Corporation and Rottlund Homes are working on a project, but
that is somewhat more commercial.
Mayor Mertensotto stated that when Council first met with Mr.
Fefercorn the discussion was to complete the three phases in four to
six months because Council knew an extension on the
Comprehensive Plan amendment deadline would be needed and
Council wants the Freeway Road area addressed in the amendment.
He stated that when the name Nelson Tremain first came up the city
got public comments that Council was looking at affordable housing
for the project site and that is not true. There will be an opportunity
for community input in Phase II. Council is hiring Mr. Fefercorn to
develop an overall development plan for what would be best for the
site. He asked what whether reimbursable expenses could be limited
to 10% of the contract.
Mr. Fefercorn responded that he will let Council know about
reimbursable expenses as they are incurred and he could set a limit
of ten. percent. Reimbursables would be printing, reproduction costs
etc.
Councilmember Dwyer stated that the proposed service contract fee
is $26,000 and he does not know if that is reasonable or not but what
Mr. Fefercorn is planning to undertake seems like a lot of work for
the price.
Councilmember Schneeman stated that this is probably the most
exciting thing that has happened in Mendota Heights for a long time
People have been waiting for something to be done, and when she
was campaigning the number one question that was asked of her was
about downtown Mendota Heights.
Mr. Fefercorn responded that it needs to be an interesting place for
people to gather.
City Attorney Hart stated that as a contract interpretation matter he
sees that there is a not to exceed figure and a termination clause on
30 day notice and billing on a monthly basis, but it must be pro rated
Page No. 17
January 19, 1999
based on work completed on a certain percentage of the total project.
If there is a huge amount of work done in the first phase, the city
would not want to be billed on that basis but rather on the percentage
of the total project that has been completed. Unless there is a
revision, the majority of the work could be done in the first two
months and the city could have paid for it and have nothing on
paper. He recommended that there be a statement in the contract that
the city will be billed on a monthly basis based on the percentage of
the project that has been completed or some language that would
make payment on an equitable pro ration basis not to exceed time
and materials.
Mr. Fefercorn responded that some of the work they will be doing
will be behind the scene and to the extent that there is a thirty day
notice he will have a point of stopping the work being done and
billing for the work done an a progressive basis, so revised language
should be acceptable.
Mayor Mertensotto stated that the contract also has to be amended to
include the cap on reimbursable expenses.
Mr. Fefercom informed Council that Phase I will go by before he has
any meetings with Council but his group will be meeting with city
staff.
Mayor Mertensotto asked that the revised contract include language
relating to what the anticipated percentage of the total cost will be
for each of the phases.
Councilmember Schneeman moved to authorize the Mayor to
execute the Proposal for Master Plan Services with RMF
Enterprises, amended to include a 10% cap on reimbursable
expenses and inclusion of language recommended by the City
Attorney with respect to equitable pro ration of billing.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
CDBG REALLOCATION Council acknowledged a memo from Administrator Batchelder
regarding reallocation of funds from the 1996 Senior Housing site
acquisition along with letters from Mr. Lee Smith, Dakota County
HRA, and Mary's Shelter. It was noted that $8,343.62 in 1996
CDBG funding that had been allocated to senior housing site
acquisition was not needed for the project and can be reallocated to
another use.
Page No. 18
January 19, 1999
Mayor Mertensotto stated that Mary's Shelter has been before
Council for CDBG funding but they were not specific as to their
administrative costs and their budget program was open ended. He
felt that the $8,300 should be added to the city's commitment to
facilitate low income housing repairs including hook -ups of utilities
on a loan basis.
Councilmember Dwyer stated that Council has the choices of rolling
the $8,300 into the city's housing rehabilitation loan program which
has $45,000 in funding from the 1999 CDBG grant or dedicating that
$8,300 to Mary's Shelter in response to its request for funding
assistance. He recommended dedicating the money to Mary's
Shelter, which he feels is a very worthy cause.
Councilmember Huber pointed out that the third option is to dedicate
the funding to assist four home owners in the Furlong area with the
cost of extending water service to their homes.
Councilmember Schneeman stated that she would like to have
someone from Mary's Shelter come before Council. She stated that
over the past several weeks in the news, there have been many cases
of families who needed shelter and ended up dying because they did
not have it. Mendota Heights is just like every other community and
has residents who need the transitional housing that Mary's Shelter
provides. She pointed out that other Dakota County cities are
helping Mary's Shelter and felt that Mendota Heights should also
help them.
Responding to a question from Councilmember Schneeman about
whether there are other transitional housing providers in Dakota
County for women and children, Police Chief Johnson stated that the
Robert B. Lewis House also provides shelter for battered women and
children.
Mayor Mertensotto responded that Council should see a budget
showing where the money would go before making a decision to
donate funds to them. He noted that many organizations have come
before Council for funding and use of HRA funding must be a
priority situation and the city must know what the money would go
for.
Councilmember Dwyer stated that the HRA CDBG funds are related
to housing needs and the residents at Mary's Shelter come from
Mendota Heights as well as from other Dakota County cities.
Page No. 19
January 19, 1999
Responding to a question from Councilmember Huber,
Administrator Batchelder stated that there is no current information
on where the city stands on use of the CDBG housing rehabilitation
loan money. He informed Council that the 1998 allocation became
available in July and in December there were a couple of
applications pending. The 1999 allocation of $45,000 was dedicated
into low income housing rehabilitation and from time to time money
revolves back into the program from prior loans.
Councilmember Krebsbach stated that she would like to get a better
handle on available funding. She would like to get information on
the larger picture on shelters in Dakota County. Also she stated that
she would like to know if the city's LIRA funding has gone to people
whose needs were hidden and the city was able to help them through
these funds, which would be a good use for the money.
Mayor Mertensotto responded that the prior request from Mary's
Shelter was for capital improvements for a building but Council has
had no subsequent contact from them. He pointed out that the city
has been building a reserve fund in its housing rehabilitation loan
program because as loans are paid back or the property is sold, the
money goes back into the rehab fund.
Councilmember Schneeman asked if the city knows that people in
the Furlong area will qualify for funding assistance for water
extension.
Councilmember Huber stated that more information is needed.
Information is needed on: how much the Furlong water extensions
might cost; an update on home loan rehabilitation requests; and, staff
could get information on what the current status is with Mary's
Shelter and perhaps someone from Dakota County could speak about
shelter services in the county.
Responding to a question from Councilmember Huber,
Administrator Batchelder responded that the $8300 is money left
over from the senior housing project and until Council reallocates
the money he assumes the county will hold it for us
Councilmember Huber stated that when staff gets to the point where
it can make a presentation on the water extensions in Furlong, that
would be a trigger to the City Administrator that Council would like
to see more information on shelter services either specifically for
Page No. 20
January 19, 1999
Mary's Shelter or all shelter services in Dakota County and a
decision can be made at that time on where to spend the money.
BOURN PROPERTY Council acknowledged a memo from Treasurer Shaughnessy
regarding acquisition of the Bourn property at 1181 Bourn Lane,
along with a copy of a life estate agreement that was executed with
the prior owner of the property adjacent to the Fire Station.
Mayor Mertensotto stated that Council needs more demographics,
such as the age of the property owner. He also asked what would
happen if the city had a development proposal for the area while the
life estate is in effect — could there be a clause that the agreement
would terminate in six months if there is a development proposal.
Treasurer Shaughnessy responded that he just provided a copy of the
agreement with the owner of the property adjacent to the fire hall as
a sample to be used in this case. In this instance, he did not feel that
the life estate would run as long for various reasons. He further
stated that he thinks it is less likely that the city will acquire one of
the remaining Bourn Drive properties. In order to redevelop, the
city must get an agreement with Resurrection so that there would be
a large enough parcel to develop.
City Attorney Hart stated that a buy -out provision on the life estate
would be advisable, and it would be advisable to establish the value
of an appropriate buy -out amount up front through a written
understanding.
Mayor Mertensotto stated that there should be some nominal
payment to terminate the agreement after six months if there is a
valid redevelopment proposal.
City Attorney Hart and Treasurer Shaughnessy were directed to
revise the proposed agreement life estate agreement based on the
adjustments as discussed this evening.
COUNCIL COMMENTS Mayor Mertensotto stated that he received a call from Mr. Seymour
at 1080 Twin Circle who stated that every year he complains that he
has his driveway plowed and sometime during the day the city plows
the cul de sac and fills up the end of his driveway.
Public Works Director Danielson responded that cul de sacs are a
real problem especially if there are a lot of driveways and there is no
place to put the snow. The main plow comes through and then the
pick -up comes through later. He stated that he will look into the
Page No. 21
January 19, 1999
matter with the Public Works Supervisor to see if they can come up
with a solution.
Responding to a question from Councilmember Huber regarding the
status of the ski trail, Assistant Hollister stated that he believes that
because there was no snow soon enough for the high school ski
team, they are so far into their season now that they have abandoned
the concept of using Par 3. Also the snowmobile they had wished to
purchase does not work and will not be purchased.
Mayor Mertensotto directed Assistant Hollister to give Council a
memo on the status of the ski trail and snowmobile purchase issue
and a recommendation that Council rescind the funds that were
allocated from the General Fund for the purchase of the snowmobile.
ADJOURN There being no further business to come before Council,
Councilmember Schneeman moved that the meeting be adjourned to
the Comprehensive Plan workshop that was scheduled for this
evening, with subsequent adjournment to 7:00 p.m. on Tuesday,
February 2 for closed session discussion on litigation.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 9:25 p.m.
K thleen M. Swanson
City Clerk
Charles E. Mertensotto
Mayor
Page No. 1
January 5, 1999
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, January 5, 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.
OATH OF OFFICE The City Clerk administered the Oath of Office to Mayor
Mertensotto and Councilmembers Dwyer and Schneeman.
AGENDA ADOPTION Councilmember Huber moved adoption of the agenda for the
meeting.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Dwyer moved approval of the minutes of the regular
meeting held on December 15, 1998 as amended.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for
the meeting, along with authorization for execution of any necessary
documents contained therein.
a. Acknowledgment of the Building Activity Report for December,
1998.
b. Acknowledgment of the minutes of the Planning Commission
meeting held on December 22, 1998.
c. Acknowledgment of the unapproved minutes of the December 2,
1998 NDC4 Commission meeting and the December 9, 1998
NDC4 Executive Committee meeting..
Page No. 2
January 5, 1999
d. Acknowledgment of information regarding the 1997/98 LMCIT
insurance dividend.
e. Acknowledgment of notification of the resignation of Recreation
Programmer Bill Bird and authorization for staff to commence
the process to recruit a replacement.
f. Adoption of Resolution No. 99-01, "RESOLUTION
ESTABLISHING 1999 CITY DEPOSITORIES OF FUNDS."
g. Adoption of Resolution No. 99-02, "RESOLUTION
ACCEPTING PLEDGED SECURITIES FOR 1999."
h. Approval of the issuance of a sign permit for a Pharmacy Drive-
Up sign for Snyders Drug Store at 750 Highway 110.
i. Approval of the Dakota County Assessor's request to schedule
the annual Board of Review for 7:00 p.m. on Tuesday, April 6,
1999.
j. Authorization to execute a letter dated December 23, 1998 from
Northwest Asphalt as formal acceptance of a settlement proposal
with respect to Bunker Hills area improvements and to approve
"Application and Certification Certificate for Payment No. 7."
k. Acknowledgment of an explanation of the MPRS settlement
from Mr. Charles LeFevere, Attorney for MPRS.
1. Acknowledgment of receipt of information regarding the
Metropolitan Growth Issues Conference and the National League
of Cities Annual Conference.
in. Approval of the list of contractor licenses dated January 5, 1999
and attached hereto.
n. Approval of the List of Claims dated January 5, 1999 and
totaling $363,143-68.
Councilineiriber Dwyer seconded the motion.
Ayes: 5
Nays: 0
SERVICE AWARDS Mayor Mertensotto presented awards to the following city
employees in recognition of their years of service to the city: John
Maczko for twenty years of service and Kimberlee Blaeser, Edward
Page No. 3
January 5, 1999
Adrian and Keith Stein for fifteen years of service. Michael
Maczko, who was not present, was also recognized for fifteen years
of service.
Mayor Mertensotto presented plaques to former Councilmernbers
Christine Koch and Jill Smith in recognition of their eight years of
service to the city.
ARC APPOINTMENT Mayor Mertensotto stated that he has asked former Councilmember
Smith if she would be willing to continue to serve as a city
representative to the MASAC and that he has asked her to also serve
as an ad hoc member of the city's Airport Relations Commission.
He further stated as an ad hoc commission member, she would be
entitled to receive the same monthly per them as other commission
members.
Councilmember Dwyer moved to appoint Jill Smith as an ad hoc
member of the Airport Relations Commission and to continue her
appointment as a city representative to the MASAC.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
ACTING MAYOR Mayor Mertensotto nominated Councilmember Krebsbach to serve
as Acting Mayor in 1999 and stated that he will nominate
Councilmember Huber to serve as Acting Mayor for the year 2000.
Ayes: 5
Nays: 0
Councilmember Dwyer moved that Councilmember Krebsbach be
appointed to serve as Acting Mayor during any absences of the
Mayor in 1999.
Councilmember Huber seconded the motion.
Mayor Mertensotto stated that, beginning with the second regular
meeting in January, he will begin a program whereby one member of
0
the Council will serve as the chair of the second meeting of each
month.
It was determined that Councilmember Huber will chair the January
19 meeting, followed on a monthly basis by Councilmembers
Krebsbach, Dwyer and Schneeman.
OFFICIAL NEWSPAPER Council acknowledged letters from Lillie Suburban Newspapers and
Minnesota Sun Publications requesting designation as the official
city newspaper for 1999. Council also acknowledged a memo from
Page No. 4
January 5, 1999
the City Clerk recommending that the Southwest Review (Lillie
Suburban Newspapers) be designated as the official newspaper on
the basis of its significantly lower rates per column inch.
Councilmember Huber moved to appoint the Southwest Review as
the city's official newspaper for 1999.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
CDBG APPOINTMENT Council acknowledged a memo from Administrator Batchelder
regarding the need for a Council appointment to the CDBG Review
Board.
Mayor Mertensotto informed the Council that Councilmember
Dwyer has expressed interest in being appointed to the Board and
recommended his appointment.
Councilmember Krebsbach moved to appoint Councilmember
Dwyer to serve as the city's representative on the Dakota County
HRA's Community Development Block Grant Review Board.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
NDC-4 APPOINTMENT Council acknowledged a memo from Administrator Batchelder
regarding appointments to the NDC-4 Cable Commission.
Councilmember Krebsbach moved to reappoint Councilmember
Huber as the City Council representative and Mr. Mike Sokol as the
Citizen representative to serve on the Northern Dakota County Cable
Communications Commission for two year terms effective January
1999 through December 2000.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 98-41, ROYAL Council acknowledged an application from Royal Redeemer
REDEEMER Lutheran Church for a conditional use permit to operate a day care
facility at the church. Council also acknowledged associated staff
reports. Reverend Connie Macalester, from Royal Redeemer, and
the project contractor, Jerry Petschen, were present for the
discussion.
Page No. 5
January 5, 1999
Mayor Mertensotto expressed concern over the Planning
Commission recommendation that there be no more than ten
employees to supervise the maximum of 52 children. He pointed out
that the state has control over day care licensing, and it is not within
the purview of the city to tell the church that it must limit to ten the
number of adults who can supervise the children.
Councilmember Dwyer agreed, stating that if the city has a concern
about the size of facility, it is not about the number of employees.
He stated that the number of children using the facility drives the
space need and Council can limit the allowable number of children
to 52 and however many adult supervisors the state requires.
Paster Macalester informed Council that the facility space and rest
rooms are adequate for no more than 52 children at one time and that
when the Planning Commission asked about how many employees
there would be she responded that there would be approximately 10.
She stated that the number of staff members will depend on the
number of children in each age group and the requirements set by the
state for how many adults there must be.
Councilmember Krebsbach stated that as long as there are no safety
or traffic circulation concerns and the number of children is limited
to 52 because of the size of the facility, she has no concerns about
the proposal.
Councilmember Huber stated that he understands from the
documentation provided to Council that the facility will be available
to children whether their families are members of the congregation
or not.
Pastor Macalester responded that the day care will be open to anyone
who is interested. She informed Council that the church eventually
hopes to construct an addition with a fellowship hall and will then be
looking at options for traffic flow to make things better for the
church and its neighbors. She stated that she has been in contact
with Dakota's Adults about the potential for a relocated shared
access on Victoria which would be a benefit to everyone because
there are safety issues with the existing access to Dakota's Adults.
She also informed Council that the church is working on the sign
lighting issue in response to comments expressed by a neighbor at
the Planning Commission meeting. She stated that she was caught
off guard by the comments because the neighbor has never contacted
anyone at the church to express his concerns.
Ayes: 5
Nays: 0
Page No. 6
January 5, 1999
Mayor Mertensotto asked Pastor Macalester to meet with Police
Chief Johnson regarding the access relocation to work out any
potential safety problems in advance.
Councilmember Dwyer moved adoption of Resolution No. 99 -03,
"A RESOLUTION APPROVING BUILDING PERMIT
AUTHORIZATION AND A CONDITIONAL USE PERMIT FOR
A DAY CARE FACILITY FOR ROYAL REDEEMER
LUTHERAN CHURCH," revised to remove the limitation on the
number of employees, and to direct that church representatives work
with the city's code enforcement department regarding building
permit issuance for any necessary minor internal modifications.
Councilmember Schneeman seconded the motion.
Responding to a question from Councilmember Krebsbach, Pastor
Macalester stated that the church will install landscaping around the
base of the sign as Council has required but that the sign was
installed so late in the season that planting has not yet been done.
COMPREHENSIVE PLAN Council acknowledged a memo from Administrator Batchelder
WORKSHOP regarding the need to schedule an orientation workshop on the
comprehensive plan with Northwest Associated Consultants.
Councilmember Krebsbach moved to convene the January 19 regular
City Council meeting to a comprehensive plan workshop at 9:00
p.m. or as soon thereafter as possible.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
CARD GARAGE Mayor Mertensotto appointed Councilmembers Krebsbach and
Schneeman to serve as a Council committee to work on the J. Card
conditional use permit issue and to prepare a recommendation for
Council for resolution of the matter.
CABLE ISSUES Councilmember Huber informed Council that the cable commission
is proposing to do a $15,000 study on whether an I -net should be
considered for people in NDC -4. At the December commission
meeting, two or three of the city representatives had concerns
because of costs (for requiring the cable vendor) to provide I -net
capability and whether the member would use it. He stated that the
commission is now negotiating a franchise to become effective in
March, 2000, and if the cities want I -net it would have to be included
in the current negotiations. He informed Council that the
Page No. 7
January 5, 1999
commission would like feedback from the member cities and that
NDC -4 will soon send a formal request for each city to review I -net
potential. He explained that the commission is concerned that if the
franchise agreement requires I -net, the costs will ultimately be
passed on to the cable customers.
Administrator Batchelder stated that he has met with Jodi Miller
from NDC4 regarding I -net and that there is some excitement among
city staff about the ability I -net would provide for communication
between city buildings and the ability to connect to other public
agencies. He stated that it is very likely the city would put I -net to
use before the end of the franchise and there are some issues from a
public safety standpoint where I -net could be used right away. I -net
might also enhance the city's telephone communications
significantly.
Councilmember Krebsbach stated that if I -net would enhance the
city's ability to communicate between public facilities it should be
considered. She also felt that the city should look at other options as
well.
Responding to a question from Councilmember Schneeman,
Councilmember Huber stated that the cost of the study has been
budgeted by NDC4 so there will not be a cost to the city for the
study.
Councilmember Huber stated that he will recommend that the cable
commission go ahead with the study and will advise them that
Council has questions and will likely have more questions as the
process goes on.
STREET LIGHT Councilmember Krebsbach informed Council that she has spoken to
residents in the Veronica/Hunter neighborhood about the street light
that they had requested to inform them that the light would be on
from night to light. The neighbors indicated that they still would
like the light installed because they are concerned about the safety of
the children who must wait in darkness for school buses at the
intersection.
Engineer Marc Mogan informed Council that NSP will install the
light at the city's request and the city has traditionally paid the
expense for operation of residential street lights.
Page No. 8
January 5, 1999
Councilmember Krebsbach moved to direct staff to proceed with
installation of a street light at the intersection of Veronica Lane and
Hunter Lane.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
It was noted that Council will look at future requests for street lights
on a case by case basis and if they are justified, the city will pay the
associated energy costs.
ADJOURN There being no further business to come before Council,
Councilmember Krebsbach moved that the meeting be adjourned.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
TIME OF ADJOURNMENT: 8:45 o'clock p.m.
--Kathleen M. Swanson
City Clerk
Charles E. Mertensotto
Mayor
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
January 5, 1999 .
Asphalt Contractor License
Asphalt Driveway Company
Daily & Son Blacktopping, Inc.
Northwest Bituminous, Inc.
Concrete /Masonry Contractor License
A & B Cement Construction, Inc.
Andrette Bros
Concrete Systems, Inc.
DayCo Concrete Company, Inc.
Gresser Concrete/masonry
Hicks Concrete Construction Inc.
Kelleher Construction, Inc.
Larry Metsala Construction
Molin Concrete Products Company
Neeck Construction, Inc.
Poured Foundations, Inc.
Schlagel Masonry
Troyco Concrete & Masonry Inc.
Viking Concrete & Masonry, Inc.
John J. Vruno Masonry
Charles Zwinger Inc.
Excavatina Contractor License
D & M Contracting
Johnson Excavating
LeRoux Excavating Inc.
Rauchwarter Inc.
Royal Excavating, Inc.
Rycon, Inc.
Scherff, Inc.
Stocker Excavating Company, Inc.
Sun Excavating Inc.
United Water & Sewer Co.
Voson Plumbing, Inc.
Weierke Trenching & Excavating Co.
Gas Piping Contractor License
Allied.Fireside
Apollo Heating & Vent. Corp.
Area Mechanical, Inc.
Earl Arneson Jr Heating & A/C
Associated Mechanical Contractors Inc.
Automatic Garage Door & Fireplaces
A. Binder & Son Inc.
Bonfe's Plumbing & Heating Services
Egan Mechanical Contractors, Inc.
Erickson Plumbing, Heating & Cooling Inc.
Five Star Plumbing, Inc.
Gas Line Plus, Inc.
Genz-Ryan Plumbing & Heating Co. Inc.
G R Mechanical Plumbing & Heating Contractor, Inc.
Harris Companies
Heating & Cooling Two Inc.
Lakeside Plumbing & Heating, Inc.
Metropolitan Mechanical Contractors, Inc.
Minnegasco
Jim Murr Plumbing, Inc.
Newman Mechanical, Inc.
Ron's Mechanical, Inc.
Rouse Mechanical Inc.
Sedgwick Heating & Air Conditioning Co.
Standard Heating & Air Conditioning Co.
Valley Aire, Inc.
Vogt Heating & Air Conditioning
Wohlers Southside Heating & Air Conditioning, Inc.
Yale, Inc.
HVAC Contractor License
Apollo Heating & Vent. Corp.
Area Mechanical, Inc.
Earl Arneson Jr Heating & A/C
Associated Mechanical Contractors, Inc.
A. Binder & Son Inc.
Centraire, Inc.
Egan Mechanical Contractors, Inc.
Erickson Plumbing Heating & Cooling Inc.
Genz-Ryan Plumbing & Heating Co Inc.
Harris Companies
Heating & Cooling Two Inc.
Home Energy Center
Horwitz Inc.
Kath Heating & A/C
Krinkie Heating & Air Conditioning
Metropolitan Mechanical Contractors, Inc.
Minnegasco
Jim Murr Plumbing, Inc.
Ron's Mechanical, Inc.
Rouse Mechanical Inc.
Sedgwick Heating & Air Conditioning Co.
The Snelling Co., Inc.
South Town Refrigeration Inc.
Standard Heating & Air conditioning Co.
Valley Aire, Inc.
Vogt Heating & Air Conditioning
Wohlers Southside Heating & Air Conditioning, Inc.
Yale, Inc.
General Contractor License
Advance Construction Company
Befort Roofing, Inc.
Berg Drywall, Inc.
Bissonett Construction Services Inc.
Brin Northwestern Glass Co.
Robert Carr & Associates, Inc.
B. L. Dalsin Roofing Company
Duke Construction Limited Partnership
Fendler Construction, Inc.
Gas Line Plus, Inc.
Heartland Industries, Inc.
J & D Builders, Inc.
KMH Erectors, Inc.
Lilyholm & Lilyholm, Inc.
McPhillips Bros. Roofing Company
New C.C. Inc.
Nordic Insulation,Inc.
Omega Construction Inc.
Quality Drywall Inc.
Russnick Contractors Inc.
Ryan Companies US, Inc.
Schindler Elevator Corp.
Single-Ply Systems, Inc.
Specialty Systems, Inc.
Western Steel Erection, Inc.
Drywall Contractor License
Custom Drywall, Inc.
Olympic Wall Systems, Inc.
Pro Drywall, Inc.
RFL Construction
RTL Construction, Inc.
Varland Drywall, Inc.
Charles Zwinger Inc.
Sign Contractor License
Lawrence Sign
SignArt Company, Inc.
Sign Source, Inc.
Suburban Lighting Inc.
Landscaping/Tree Service Contractor License.
Lawrence Tree Removal
Rubbish Hauler License
Aagar d Sanitation Inc.
BFI Waste Systems of North America, Inc.
Highland Sanitation & Recycling Inc.
Krupenny & Sons Disposal Service Inc.
Mendota Heights Rubbish Service Inc.
Triangle Rubbish Service and Recycling
Waste Management Inc. of Minnesota