1998-04-07 Council minutesPage No. 1
April 7, 1998
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday April 7, 1998
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 Huber, Koch, Krebsbach and Smith.
AGENDA ADOPTION Councilmember Huber moved adoption of the revised agenda for
the meeting.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the
regular meeting held on March 17, 1998 as amended.
Councilmember Smith seconded the motion.
Ayes: 3
Nays: 0
Abstain: Koch, Huber
CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for
the meeting, revised to delete items h, Tom Thumb easement, and I,
zoning ordinance amendment, from the agenda and to move items k,
Commission per diem and 1, I -35E resolution, to the regular agenda,
along with authorization for execution of any necessary documents
contained therein.
a. Acknowledgement of the minutes of the March 11, 1998 Airport
Relations Commission meeting.
b. Acknowledgment of the minutes of the March 24, 1998 Planning
Commission meeting.
c. Acknowledgment of the Building Activity Report for March.
Page No. 2
April 7, 1998
d. Acknowledgment of the unapproved minutes of the February 4,
1998 NDC4 meeting an the minutes of the March 4, 1998 NDC4
Executive Committee Meeting.
e. Acknowledgment of information from AT &T regarding
slamming.
f. Acknowledgment of an announcement of the League of
Minnesota Cities annual conference.
g. Acknowledgment of information regarding Association of
Metropolitan Municipalities Board vacancies.
h. Approval for participation by City Administrator Batchelder in
the Effective Management Program in 1998.
i. Approval of the payment of $250,000 in tax increment assistance
to APT Properties upon receipt of a certificate as to funds
expended applicable to tax increment proceeds.
j. Authorization for the purchase of Dell Computers for
Engineering for a cost of $3,052 plus tax and delivery; for
Administration for a cost of $2,376 plus tax and delivery, and for
Utility for a cost of $2,221 plus tax and delivery. Council also
directed that the City Clerk complete an inventory of all city
computer equipment, that the City Clerk have complete control
over all city computers and that no programs be installed on any
computer without prior authorization from the City Clerk.
k. Award of a contract for Ordinance Recodification to Sterling
Codifiers for its quote of $11,649.
1. Approval of the list of contractor licenses dated April 7, 1998
and attached hereto.
m. Approval of the List of Claims dated April 7, 1998 and totaling
$584,179.18.
n. Approval of the issuance of off -sale 3.2 malt beverage licenses to
Tom Thumb Food Market #264, Speedway Superamerica Group
#4516, and Speedway Superamerica Group #4521, and the
issuance of an on -sale 3.2 malt beverage license to Mendota
Heights Par 3.
Councilmember Smith seconded the motion.
Page No. 3
April 7, 1998
Ayes: 5
Nays: 0
COMMISSION PER DIEM Mayor Mertensotto noted that the Commission per diem memo had
been moved from the consent calendar. He stated that the per diem
is reimbursement for expenses, and it is automatic for those
Commission members who attend the regular meetings. He stated
that he understands that some members of the commissions have
indicated that they do not want the per diem, and those requests will
be honored this evening, and those per diems will be deleted from
the claims list, but requests not be included in per diems should be
made in writing and filed with the city. With regard to the
suggestion of one of the commissions that the per diems be pooled
and used for specific purposes, he stated that Council cannot
authorize the use of per diems for any other purpose.
Councilmember Huber moved to delete the per diem payments to
Parks Commission Chair Spicer and Commissioner Kleinglass from
the List of Claims.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
I -35E BRIDGE Council acknowledged a memo and proposed resolution relative to
the Idesign of the I -35E bridge.
Mayor Mertensotto stated that he feels that Alternate 4 represents
what the city is calling for in its proposed resolution and further that
he feels that the resolution should be amended to expressly endorse
Alternate 4. He stated that the bridge can be built on the same center
alignment and within existing right -of -way, that the alternate permits
future extensions to the bridge as necessary. It provides the
acceleration lanes coming on at Highway 13 and at Shepard Road
and it will ultimately provide for a center shoulder for disabled cars
as well as a shoulder for cars that have problems. He stated that
although the design is perhaps a little more costly, it will permit two
lanes of traffic to be open at all times during reconstruction because
the same design and construction methods used on the I -94 bridge
near the University will be used. He felt that Council should go
directly on record to expressly endorse the alternate.
Administrator Batchelder stated that he believes that it is alternate 3
that will allow two lanes in both directions to be kept open during
construction.
Page No. 4
April 7, 1998
Mayor Mertensotto pointed out that Alternate 4 is supported by the
Mn/DOT because it can be constructed within existing right -of -way.
Councilmember Krebsbach stated that she attended the recent 1-3 5E
open house at City Hall a week ago and at that time supported
Alternate 4. She stated that the alternate builds the bridge on both
sides and has the advantage of having two lanes and two shoulders
and an acceleration lane and also provides for two lanes of traffic
during construction. She pointed out that Council went on record in
support of Alternate 4 at that time and should be consistent in the
resolution.
Councilmember Smith stated that she supports the comments of
Mayor Mertensotto and Councilmember Krebsbach and asked that
the resolution be sent to the city's Metropolitan Council, state, and
federal representatives.
Mayor Mertensotto stated that Dakota County has also asked that
they be sent copies of all resolutions relating to I -35E.
Councilmember Krebsbach stated that, with respect to costs, it is
simply building the undergirding of the bridge early to have it there
ahead of time when the full reconstruction of I -35 E takes place in
2008. She felt that Alternate 4 is a strong proposal and the city
should support it.
Councilmember Krebsbach moved adoption of Resolution No. 98-
19, "RESOLUTION SUPPORTING I -35E BRIDGE DESIGN,"
amended to specifically endorse Alternate 4.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
BUNKER HILLS BIDS Council acknowledged a tabulation of bids received for the
construction of the Bunker Hills area street and drainage
improvements.
Public Works Director Danielson recommended that the contract be
awarded to Northwest Asphalt for its low bid of $697,621.29.
Councilmember Smith moved adoption of Resolution No. 98 -20,
"RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR STREET RECONSTRUCCTION AND
APPURTENTANT WORK TO SERVE THE AREA REFERRED
TO AS BUNKER HILLS, INCLUDING PROPERTIES IN
Page No. 5
April 7, 1998
RIDGEWOOD PARK, SPRING CREEK ACRES, SOMERSET
HILLS, SOMMERSET HILLS NO. 2, SUMMERSET PLACE,
AND VALLEY CURVE ESTATES (JOB NO. 9514,
IMPROVEMENT NO. 96, PROJECT NO. 3,'.'awarding the bid to
Northwest Asphalt.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
EMERSON AVENUE Council acknowledged a memo from Assistant Hollister regarding
VACATION a continued hearing on an application from Mr. Jack Vitelli, 1334
Sylvandale Road, for the partial vacation of Emerson Avenue right-
of-way. Mr. Vitelli was present for the discussion.
Mayor Mertensotto stated that he feels Council should adopt the staff
recommendation to vacate the north ten feet of Emerson Avenue
right-of-way adjacent to the Vitelli property, which would then
permit Mr. Vitelli to build a proposed addition to within 21/2 feet of
the new property line as vacated. He further stated that Council
would then have to grant a variance of 271/2 feet so that the structure
is not non - conforming. He stated that while the variance would be
enormous, this is a unique situation and the city would be giving up
the least amount of right-of-way. Retaining the remainder of the
right-of-way would allow a future Council to construct a street to
serve the Christensen property. He pointed out that Council does not
want to totally vacate the right-of-way because Mr. Christensen has
two platted undeveloped lots along the right-of-way and Council
does not want to cut off access to those lots or create another
problem by needing to obtain an easement in the future. He stated
that Mr. Christensen has stated that he does not wish to develop his
lots but would like to be able to sell them at some future time if he
has to. He informed Mr. Vitelli that Councilmember Smith does not
agree with the 10 foot vacation and would like to vacate more right-
of-way.
Councilmember Smith stated that she is not pleased with granting a
271/2 foot variance. She suggested that the city could retain a
blanket easement over the vacated area. She stated that Council has
already vacated half of the right-of-way for a house on Laura Court
and that there is a wetlands area and a topography change. She felt
that the probability of a street ever going through is highly remote.
Page No. 6
April 7, 1998
Mayor Mertensotto stated that he is not a proponent of vacating
right -of -way because of the potential that the city will some day
need to re- acquire property for a street.
Councilmember Huber stated that his only concern about not
vacating enough is that there is a potential for having some access to
the property behind Mr. Christensen and the city would not want to
have the situation of having a private road or driveway that close to
the Vitelli garage either.
Mayor Mertensotto pointed out that 50 feet of right -of -way would
allow enough width for the minimum roadway and utilities.
Councilmember Huber asked what would stop Mr. Christensen or a
successor from putting a driveway close to the Vitelli garage.
Mayor Mertensotto responded that the driveway would be on public
right -of -way and in order to put a driveway on it the owner would
need city approval. The city could at that time specify the location
of the driveway and the city would have no concern over
maintenance of the driveway because it would be private.
Councilmember Krebsbach stated that she supports vacating a
greater portion of the right -of -way because she feels Council is more
likely to face future residents wanting that much of a variance from
the property line. She further stated that Council has consistently
tried not to markedly change the character of a neighborhood, and a
road going through there would markedly change the character of the
neighborhood and the Laura Court area. She pointed out that there is
almost a creek in the back.
Mayor Mertensotto stated that retaining all but ten feet of the right -
of -way would protect the city if it becomes necessary to put in a
utility loop in the future.
Councilmember Smith stated that the city could vacate a larger
portion of the right -of -way and then retain an easement over a
portion of it so that there can be appropriate setbacks and the city
would still have the future rights to the area if needed.
Councilmember Krebsbach felt that for the future, just in terms of
not having granted that much of a variance, the city. would be much
better off.
Page No. 7
April 7, 1998
Councilmember Smith stated that she would prefer to vacate 171/2 or
18 feet.
Mayor Mertensotto stated that the city would still retain 41 1/2 feet
and would hold an easement over the vacated area.
Mr. Vitelli asked if it is the intent of the Council to vacate only 100
feet from the beginning of the property.
Mayor Mertensotto responded that only that portion adjacent to Mr.
Vitelli's property would be vacated, since he is the applicant. He
stated that Council does not vacate right -of -way for those who are
not a party to the vacation application.
Mayor Mertensotto informed Mr. Vitelli that the city would be
vacating the northerly 17 1/2 feet for the full length of the Vitelli
east/west lot line and the city would retain a utility easement over the
easterly 7 Meet of 17 1/2 feet being vacated. He stated that the city
would then not have to grant a variance.
Public Works Director Danielson responded that a 20 foot variance
was granted when the Vitelli structure was constructed, so the city
needs to retain the 20 foot variance.
Mayor Mertensotto informed Mr. Vitelli that Council will direct staff
to revise the proposed resolution to reflect the Council discussion
this evening. The proposed resolution will then be placed on the
next Council agenda for adoption.
Mayor Mertensotto asked for questions and comments from the
audience.
Mr. Vitelli asked if he can begin construction on his addition before
the resolution is adopted.
Mayor Mertensotto responded that Council has made a commitment
to vacate and all that remains is the formality of adoption of the
resolution so that the vacation can be recorded. He asked Public
Works Director Danielson to direct the Code Enforcement Officer
that he is authorized to issue the building permit for the addition if
the building application is otherwise in order.
There being no questions or comments from the audience,
Councilmember Smith moved that the hearing be closed.
Councilmember Huber seconded the motion.
Page No. 8
April 7, 1998
Ayes: 5
Nays: 0
Council directed staff to prepare a resolution to grant the vacation
based on Council's discussion this evening.
CASE NO. 97 -39, CARD Council acknowledged a memo from Assistant Hollister relative to
continued discussion on an application from Joseph Card for a
conditional use permit for a detached accessory structure at 644
Brookside Lane. Mr. Card and his representative, Mr. Paul
Jeddeloh, were present for the discussion.
Mayor Mertensotto stated that the conditional use permit was denied
but Council has allowed Mr. Card to come back so that he does not
have a non - conforming structure.
Mr. Jeddeloh stated that he spent time with Mr. Card's neighbors,
the Albus, before coming to this evening's meeting and that the
Albus do not plan on attending the meeting. He stated that he looked
at the views from their deck to the garage and it appears that
lowering the wall as proposed and changing the roof line will
substantially diminish their view of the garage above their fence line.
With respect to the six requirements imposed by Council, some of
those requirements regarding the symmetrical roof line, having the
apex in the center and having the walls be the same height, would
eliminate any access to the top level.
Mayor Mertensotto responded that the problem is that the six foot
wall follows an uneven terrain so the six feet of solid wood fencing
might be two feet above the ground.
Mr. Jeddeloh responded that a sight line drawing prepared by the
city and included in this evenings documentation gives an accurate
depiction of the sight line from the Albus.
Councilmember Krebsbach responded that the central issue is that a
two story garage was constructed under a permit that was issued for
a one story structure. She stated any degree to which the structure
would not have to undergo major changes is based on the fact that it
is for storage. She pointed out that it would be like an attic space
and the city is not responsible for making sure it is the full height for
standing if it is for storage and so the six feet is the six feet.
Mr. Jeddeloh responded that six foot walls would not allow a door
and the floor is reinforced concrete so you cannot enter from inside.
Page No. 9
April 7, 1998
He explained that to move the door to a more central location would
require removing some mature trees. He stated that Council is
asking for the alley side to be six feet tall which would not allow any
standard door.
Councilmember Smith asked if there is no place along the whole side
of the garage where a door could not be installed.
Mr. Jeddeloh responded that it could not be done without bringing in
fill.
Councilmember Krebsbach asked if everything that will be stored in
the structure will be brought in through a regular door. She asked
how large the space is.
Mr. Jeddeloh responded that it is 2,000 square feet and there is a
door now. He stated that cutting the south wall down to six feet
eliminates having any access on that side. He stated that access
would be easier with a garage door.
Councilmember Krebsbach responded that a garage door is not a
possibility. She informed Mr. Jeddeloh that a commercial property
owner was before Council recently and discussed with Council how
they could get into a crawl space on top of a commercial structure
and installed a four foot door. She stated that to her mind Mr. Card
has created a crawl space on top of a concrete floor. She pointed out
that this is a two story garage that was built under a permit for a one
story structure and Council is trying to work with Mr. Card.
Mayor Mertensotto stated that a standard six foot door could be
installed but a platform would have to be installed. He stated that
from the south wall of the building almost all the way down is a
continuous slope but a door could be put on the other side of an
existing tree.
Mr. Card stated that if the wall is cut down to six feet, he could only
put in a five foot door. He stated that right now he has a shed roof
but if he puts on a gable roof something must be put on to tie them
together and if a header is put in it will be five feet high.
Councilmember Smith responded that her garage has the exactly
j same situation and it works just fine for storage. She stated that
while it is not a clear open space it accommodates the architecture
and works fine for storage with probably less than five feet of height
Page No. 10
April 7, 1998
at the eaves. She further stated that the area is accessed by a pull
down ladder that was installed at the time the home was constructed.
Councilmember Koch stated that she knows council is saying that
they are trying to accommodate but Council is still denying Mr. Card
the primary use he wanted. She asked if Council can be more
accommodating.
Mayor Mertensotto responded that the primary use Mr. Card wanted
a dance studio in a two story garage for which a single story permit
had been issued.
Councilmember Krebsbach stated that the accommodation is that
Council is not requiring Mr. Card to take the garage down. She
further stated that Mr. Card did not submit a building permit
application for a dance studio but rather that he submitted an
application for a one story garage.
Mr. Jeddeloh stated that in January the Mayor sent a memo to the
City Administrator regarding resolving the issue and stated in the
memo that Mr. Card's penalty was that he could not use the area for
a dance studio.
Councilmember Koch stated that she understands that Council wants
accommodations to maintain the integrity of the building permit
process but asked about the rationale for not allowing the extra two
feet of height to accommodate a door.
Mayor Mertensotto responded that the original thought process was
that the rear wall would be no higher than the fence but he did not
know then that the fence was two feet higher than the wall.. He
stated that the top of the shed roof now is 13 feet and Mr. Card is
going to cut it back four feet so that the wall will be nine feet for the
40 foot length of the building.
Councilmember Koch asked if the intent wasn't that the garage be
the same height as the fence.
Mayor Mertensotto stated that that is where the problem lies — the
fence is not six feet, it is 8 1/2 feet. He further stated that the other
problem is that Mr. Card does not want to move the door to a spot
where he could put in a six foot door and build a platform.
Mr. Jeddeloh responded that there is a stair going up and around and
if a platform were built people would still have to come down a hill.
Page No. 11
April 7, 1998
Mr. Card stated that if Council allowed eight feet on the back and six
feet on the other side he would only have to cut down one wall.
Otherwise he would have to redo the whole structure. He stated that
there are other garages down the alley and all have eight foot walls.
Councilmember Krebsbach stated that she feels Council must do
whatever it can to lower the wall in the back and if that requires
moving the door, it requires moving the door.
Mr. Jeddeloh stated that he was sitting on the Albu deck and saw the
garage but beyond that he saw the roof of the house and even if the
garage were not there, the Albus would still be looking at a roof.
Councilmember Krebsbach pointed out that the fundamental issue is
that the structure was built without a permit.
Mr. Jeddeloh responded that he is trying not to have the structure
reduced to the point where it is not useable. If the wall is reduced to
six feet on the back, the structure would be made unusable.
Councilmember Huber stated that if the garage had been built
according to the original building plan there was never any
contemplation about storage.
Councilmember Krebsbach responded that Council has been talking
for hours about using the attic of the garage. She pointed out that
Mr. Card built a reinforced concrete ceiling on his garage and
another story on top that is forty feet across, eight feet high with a
door in back and Council is trying to work with him rather than
telling him to take the top of the garage off.
Mayor Mertensotto informed Mr. Card that it appears that if he does
not reduce the height of the wall to six feet he will not get Council
approval. He stated that he was always under the impression that the
rear wall was going to be no higher than the fence, which he
misunderstood to be six feet high. He stated that he did not know
that the fence was two and one -half feet off the ground.
Mr. Jeddeloh stated that the city memo says to a gable configuration
with the maximum height of the roof being equal to the height of the
privacy fence located to the south and directly across from the
garage.
Councilmember Smith pointed out that height and elevation are two
different things.
Page No. 12
April 7, 1998
There was discussion about the view of the structure from the Albu
home and over the sight line drawings prepared by city staff.
Mr. Jeddeloh stated that a mature birch tree will have to be moved in
order to build a platform for a door in a different location.
Councilmember Huber stated that there is probably no one on the
Council who is not unsympathetic with Mr. Card's situation but
there is a process for building structures and getting them approved,
and when someone deviates from that process it puts Council in a
difficult position. He further stated that it is unfortunate that Mr.
Card severely departed from a building permit that was approved and
is now trying to have usable storage space where there was none
contemplated.
Mr. Card stated that Council asked him to come back with a plan
that would accommodate both him and the Albus and that he thought
he had an agreement with the Mayor but now Council is throwing
gasoline on the building.
Councilmember Krebsbach stated that there are four
Councilmembers and a Mayor, and the Mayor speaks for himself.
Mayor Mertensotto pointed out that unless he can get consensus
there will not be approval.
Mr. Jeddeloh stated that if Council requires the walls to be six feet
high, only a five foot door could be installed.
Councilmember Huber pointed out that in Mr. Jeddeloh's March 11
letter he stated that the interior ceiling height would be less than six
feet and that he did not think Council intended that result.
Councilmember Huber stated that Mr. Jeddeloh misinterpreted what
Council did intend — Council did intend that result.
Mr. Jeddeloh responded that the letter from Assistant Hollister said
that the walls would be the same height, and he actually thought they
would be higher. He stated that Mr. Card will basically have to
reconstruct the whole structure and he could not even walk in the
upper area.
Councilmember Koch stated that Council is not trying to punish Mr.
Card and that she feels Mr. Card realizes he has made a mistake in
building outside of the permit and he is willing to put in landscaping
and lower the structure. She asked if Council would accept the
Page No. 13
April 7, 1998
adjustments and landscaping that Mr. Card has proposed and grant
him the additional two feet on the condition that the second story can
never be used for anything but storage.
Mayor Mertensotto stated that he tried but could not get that
suggestion approved, and Council has to come to a consensus. He
informed Mr. Card that it is apparent that he will have to reconsider
Council's conditions.
CASE NO. 98 -24, Council acknowledged an application from Mendakota Country
MENDAKOTA Club for a conditional use permit to amend its PUD to allow a
driving fence. Council also acknowledged associated staff reports.
Golf Course Superintendent Bob McKinney was present for the
discussion.
Mr. McKinney stated that Mendakota is asking for approval to
replace a six foot fence with a twelve foot high net fence on the east
side of the golf course practice facility. Responding to a question
from Mayor Mertensotto, he stated that Mendakota is proposing a
net rather than permanent fencing because chain link is so expensive.
Mayor Mertensotto stated that Council had a similar concern over
Mendakota Park because of foul balls hitting people. He noted that
Visitation has netting on its ballfield to stop balls from going onto
neighboring property. He stated that temporary fencing needs to be
replaced because it deteriorates.
Mr. McKinney responded that the six foot net that is now used has
been up since 1990 and is still in great shape. What is now proposed
is to install three panels that cost about $500 each. He informed
Council that the panels will not be taken down each year because
that would probably cause more damage than leaving them up. He
stated that the existing net is polypropylene and the new one will be
nylon. He stated that he met with Mendakota Estates residents to
discuss the proposal and as a result of the discussion, Mendakota has
reduced the height of the netting to 12 feet, whereas the original
desire was for forty foot tall polls with forty foot tall netting.
Councilmember Krebsbach stated that Council had discussed netting
for Mendakota Park and taking it down and her initial reaction was
that the netting has a more pleasing effect than does permanent
fencing.
Mr. McKinney responded that the netting is almost invisible versus
chain link.
Page No. 14
April 7, 1998
Mayor Mertensotto stated that he does not think a twelve foot height
is high enough and that Mendakota will come back asking for a taller
net.
Mr. McKinney responded that it is 230 yards from the base of the net
to the front of the tee and 265 yards from the very back of the tee. He
further stated that he hopes to have found a happy medium where
most of the golf balls can be retained yet the neighbors will be
happy. He stated that the net will be 12 feet high and 300 feet long
and will sit on top of a berm that is already in place. Responding to
a question from Councilmember Smith, he stated that the netting will
be at the end of the driving range, which is the east end of the
Mendakota property, as far from the residential area as he could go
without going into the pond.
Mayor Mertensotto stated that the netting will be highly visible from
Dodd and T.H. 110 and he thinks this a bad solution to a bad design.
Mr. McKinney responded that the club has been before Council
before with a total fencing plan for the golf course, and the fence for
the driving range was part of the plan.
Councilmember Krebsbach pointed out that a standard six foot fence
was in the plan.
Mr. McKinney responded that he did not realize that something taller
would be needed.
Councilmember Krebsbach stated that Mr. McKinney must
understand that if he finds ultimately that the netting should be 24 or
30 feet tall and if there would be neighborhood objection,
Mendakota would not have Council support.
Mayor Mertensotto stated that he looked at St. Thomas Academy
coming down Mendota Heights Road and they have at least as much
fencing as the golf course would along Mendakota Drive. He stated
that he also looked at the Visitation fencing along Lake Drive and
cannot believe how badly corroded it is.
Mr. McKinney stated that Inver Wood has netting about 40 feet tall
along 70' Street and along the end of the range. He stated that it is
j very common to have this type of netting on a range but 12 foot tall
netting is uncommon versus 40 foot netting.
Page No. 15
April 7, 1998
Councilmember Smith stated that one of the concerns she has had is
about the potential deterioration and the appearance of the netting if
it should start to deteriorate. She asked the expected life of the
netting if it is not taken down annually and what assurances Mr.
McKinney can give council that it will be replaced if it deteriorates.
Mr. McKinney responded that he is more concerned with mechanical
damage to the netting — that it may get hit by carts or equipment,
which is why he chose three panels. He pointed out that the panels
only cost $500 each.
Councilmember Krebsbach stated that she could support the request
with the condition that the netting be maintained. She further stated
that she had received comments about the issue before this evening
when the proposal was for 40 foot tall netting, and that Mr.
McKinney has neighborhood support for the 12 foot netting. She
informed Mr. McKinney that she could not support higher netting,
and as long as the netting will be maintained she would not attach
any conditions other than the 12 foot height limitation.
Mayor Mertensotto stated that he does not like the 300 feet of length
at 12 feet in height and cannot support the request.
Mr. McKinney informed Council that the entire berm will be planted
with wildflowers and it will be very pretty.
Councilmember Smith moved adoption of Resolution No. 98 -21, "A
RESOLUTION APPROVING A CONDITION USE PERMIT TO
AMEND THE PUD FOR MENDAKOTA COUNTRY CLUB," with
an added condition on maintenance and with the condition that the
netting be no more than 12 feet above ground for 300 feet.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 1 Mertensotto
CASE NO. 98 -09, Council acknowledged an application from US West Wireless for
U.S. WEST WIRELESS a conditional use permit to allow US West to install PCS antennae
on the roof of Henry Sibley High School. Council also
acknowledged associated staff reports. Ms. Julie Townsend was
present on behalf of US West.
Ms. Townsend informed Council that US West proposes to place
- three sectors of two antennas per sector at separate locations on the
roof. She stated that there is a maximum of nine antennae in total,
three per sector, and that US West has asked for nine antennae in its
Page No. 16
April 7, 1998
request. She explained that they are skid mounts because Henry
Sibley very much disapproves of facade mounted antennae. She
stated that there are currently four skid mounted antennae and two
facade mounted antennae on Sibley now. She f irther stated that
representatives of the school have told her that facade mounting
causes too much interruption in classes. She pointed out that US
West needs a variance for roof mounted antennae.
Mayor Mertensotto asked if the facade mounted antennae can be
installed when the building is not being used.
Responding to a question, Ms. Townsend stated that there are twelve
antennae on the building now and she is asking for a maximum of
nine antennae for US West.
Assistant Hollister informed Council that he contacted the
maintenance superintendent for the high school building, John Doth,
regarding facade mounting, and that Mr. Doth told him that he
prefers roof mounted units because he is concerned about water
seeping into the building. He pointed out that the city's cellular
ordinance prefers wall mounted units.
Mayor Mertensotto stated that what Mr. Doth is really saying is that
he prefers roof units and the two companies that did wall mounting
did a poor job.
With regard to the school district's position on how many antennae it
will allow on the roof, Assistant Hollister responded that Mr. Doth
told him that now that the city no longer has a moratorium in place,
the school district has no position on how many antennae it will
allow.
Mr. John Gibbs responded to a question from Councilmember Huber
over whether US West has an interest in Air Touch Cellular.
Mayor Mertensotto stated that the city's ordinance requires antennae
mounting on the side of the building and pointed out that he has not
seen any school board action saying the only way they will permit
antennae is on the roof.
Ms. Townsend responded that the board has approved the lease and
the concept and the construction plans but would like city approval
before signing the lease.
Page No. 17
April 7, 1998
Mayor Mertensotto asked Mr. Gibbs if he represents that US West
could mount the antennae on the side of the building and would have
the service it wants.
Mr. Gibbs responded that if the landlord agrees, US West could
mount them on the roof. In response to questions about service, Mr.
Gibbs stated that US West submitted a grid that demonstrates the
coverage, etc, and where the coverage gaps would be if US West did
not have the Sibley site. He stated that it is essential that there be an
antenna very near that facility in order for the system to work.
After discussion, it was the consensus that there be further contact
with the school district to determine its position on facade- mounting
versus roof location for the antennae.
Mr. Gibbs stated that he will contact the school district immediately
and hopes to come before Council again at its next meeting.
RECESS Mayor Mertensotto called a recess for closed session discussions on
labor negotiations at 9:45 p.m.
RECONVENE Council reconvened at 10:12 p.m.
RIVERWOOD PLACE SIGN Council acknowledged a request from Lawrence Sign for a minor
amendment to a PUD to replace the existing sign for 880 Sibley
Memorial Highway ( Riverwood Place) with a new two sided 48
square foot sign. Mr. Bill Erickson, from Lawrence Sign, was
present for the discussion.
Mr. Erickson stated that the city ordinance states that any signage
must be placed 30 feet from the property line, and in this case the
property line is 70 feet off the road. Putting the sign 100 feet off the
road would not be feasible. He explained that Lawrence has
designed a monument sign and requests approval to place it at the
property line or 12 inches off the property line. He stated that
precedent has already been set by CDI, which is just west of
Riverwood Place, and that the existing Riverwood Place sign is 2.5
feet from the property line. He stated that the sign would not affect
visibility on the highway, as it would be 70 feet from the road. He
explained that the sign will have an aluminum face and will be
internally lit.
Responding to a question from Councilmember Krebsbach, Mr.
Erickson stated that the existing wood sign is much larger than the
Page No. 18
April 7, 1998
proposed monument sign and that the sign will be lit in the same
manner as the City Hall sign.
Councilmember Smith asked if it would be acceptable if Council
would place a condition that the illumination be the same as the City
Hall sign, and Mr. Erickson stated that it would.
City Attorney Hart informed Council that since the request is for a
minor amendment to an existing PUD, a variance for the setback is
not required.
Councilmember Krebsbach moved adoption of Resolution No. 98-
22, "A RESOLUTION APPROVING A MINOR AMENDMENT
TO THE PLANNED UNIT DEVELOOPMENT FOR 880 SIBLEY
MEMORIAL HIGHWAY FOR A MONUMENT SIGN," pursuant
to the application on file with the city to allow the sign to be within 2
%2 feet of the right -of -way, with the condition that the top two feet of
illumination shall be equivalent to the illumination of the City Hall
sign.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
ZIGGY' S Council acknowledged a letter from Mr. Larry Mack, from Ziggy's,
requesting renewal of its permit for outdoor tables and for
permission to conduct its third annual outdoor barbecue ( "Spring
Fling "). Council also acknowledged associated staff reports. Mr.
Mack was present for the discussion.
Mayor Mertensotto stated that Mr. Mack is asking for a special event
to take place on May 30. He pointed out that in the past when
Council granted approval for similar events, several limitations were
imposed, including limiting the hours of the event to 8:30 a.m. until
11:00 p.m. and requiring that there be no music after 10 p.m.
Mr. Mack stated that he agrees to the same conditions and that the
band will play music from 6 -10 p.m. With regard to restrooms for
the event, he informed Council that restrooms have been added to
the deli and that three portable units will be leased for the event. He
stated.that over 2,000 people attended the event last year and there
were no problems with traffic flow.
Mayor Mertensotto stated that one of the past requirements was that
Mr. Mack contact the police department for security and traffic
concerns.
Page No. 19
April 7, 1998
Mr. Mack responded that two officers were retained for four hours
last year, from 6 p.m. on and that he has already spoken to police
officers for this year's event. He stated that the officers are present
to prevent people from bringing any alcohol in to the event. He
stated that alcohol is not sold at the event and that the crowd is
monitored closely.
With respect to signage, Mr. Mack stated that he is asking for a
banner sign for five days to be tied onto the pylon sign on Dodd
Road.
Responding to a question, he stated that he expects 2,000 to 3,000 to
attend the event this year.
Mayor Mertensotto asked Mr. Mack if he would agree that if there is
a problem (if the event gets out of control), the police could curtail
the activity.
Mr. Mack stated that he would agree.
Police Chief Johnson suggested that a condition be that if the police
department receives a significant number of complaints that the
music will be shut down.
Mr. Mack responded that he would close the event.
Mayor Mertensotto stated that it must be understood that the police
department would have the express authority to close the event if
there is a problem.
Councilmember Huber moved to authorize Larry Mack to plan for
the event for Saturday, May 30, 1998 based on the fifteen conditions
that applied in 1997 and with the understanding that the ultimate
supervisory authorize for the event rests with the Police Department,
who can curtail the event if a problem, and further to grant approval
for the proposed banner sign for a five day period as requested.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
Mr. Mack discussed his request to allow six tables for outdoor eating
at Ziggy's.
After brief discussion, Councilmember Huber moved to allow
outdoor eating tables at Ziggy's from April 15 to November 15,
Page No. 20
April 7, 1998
1998 on the same conditions as established in 1997, subject to
receipt of approval from Paster Enterprises.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
VOTEL — BEST WESTERN Council acknowledged a memo from Assistant Hollister relative to
informal Council discussion on a proposal from Mr. Henry Votel for
a Best Western hotel in the Centre Pointe development. Mr. Votel
and Mr. John Kurachi were present for the discussion.
Mr. Votel stated that he is involved in a concept proposal for a hotel
in the Centre Pointe development and that he has met with city staff
several times over the past months to hear comments and city
preferences on architectural materials, signs, etc. He informed
Council that he has been successful in gaining approval of
membership of the hotel in Best Western. He stated that the hotel
would be mid priced lodging with upscale features including an
indoor pool and meeting rooms. He stated that he thinks one of the
outstanding features that attracted him to this location is that
Mendota Heights is receiving additional growth from business and it
is quickly accessible to other parts of the metro area, and it has the
demand generators that are looked at when demographics for hotels
are developed. He felt that. the hotel would be an excellent
complement to the buildings that have been developed in Centre
Pointe.
Councilmember.Krebsbach stated that the hotel would impact the
area across from Centre Pointe because coming down Glenhill Road
people would look straight at the hotel site. She stated that what is
developed in Centre Pointe has worked well and that Council spent a
great deal of time on the development of the Curley site to keep the
SuperAmerica project to a neighborhood scale. She stated that the
hotel would be a 24 hour operation and while it is a lovely proposal,
it would change the character of the neighborhood.
Councilmember Smith stated that over the last several years Council
has spent much time in planning the area around the intersection of
Lexington and T.H 110, especially to the southeast of the
intersection to keep the scale and use of development consistent with
what Council has in mind for that area. She stated that it is a lovely
proposal and she would certainly welcome Best Western into the
community but does not think it would primarily serve Mendota
Heights residents. She felt that the facility would serve the airport
and that is not consistent with Council's concept of how the site
Page No. 21
April 7, 1998
should be used because of the impact on residential areas. She stated
that other areas in the city, along T.H. 55 north of I -494, would be
more consistent with this type of use.
Mr. Votel and Mr. Kurachi answered several questions for Council
about the proposal and showed drawings of the proposed structure.
Council discussed details such as the need for a variance for the
parking setback and modification of the existing ponding area.
Mayor Mertensotto stated that Council had never contemplated a
hotel on the site and that Council feels this is the wrong place for a
hotel, that it would serve the airport and the mall rather than the city
and that it is not what Council desires for the site.
Mr. Votel asked what issues Council would view as the most critical.
Mayor Mertensotto responded that the primary issue is the use of the
site for a hotel, which is not what Council envisioned as a use for the
site.
CITY SIGN — MENDOTA Council acknowledged a memo from Public Works Director
MEADOWS OUTLOT B Danielson regarding conditions six (city monument sign) and seven
(underbrush removal) to the conservation easement agreement for
Outlot B of the Mendota Meadows development.
Mayor Mertensotto stated that Council must make a decision on
what type of sign it desires. He stated that wooden signs are used for
the parks but a monument sign welcoming people to Mendota
Heights should be more permanent than wood. He stated that he
would like to see the City Hall sign adopted as a standard for the city
entrance signs. He also felt that the sign should be illuminated.
Regarding brushing out, he stated that he feels only enough area
needs to be cleaned out to allow the city sign to be maintained and to
leave sufficient area so that the sign can be seen. He felt that
cleaning underbrush back 75 feet from the right -of -way would be
appropriate.
Councilmember Smith stated that the City Hall sign serves a purpose
to identify City Hall and it needs to be illuminated because of night
meetings.
Councilmembers Koch, Smith, Huber and Krebsbach felt that the
monument sign should not be illuminated.
Page No. 22
April 7, 1998
Councilmember Smith stated that she would like to see a sign that
reflects the character of the city and presents a natural statement and
is upscale.
Council briefly discussed what should be on the sign, such as
welcome to Mendota Heights, etc..
Public Works Director Danielson asked if a designer should be hired
to give Council options based on discussion this evening.
Councilmember Krebsbach suggested that the City Hall sign and the
Visitation sign could be used for examples.
It was the consensus to direct Public Works Director Danielson to
solicit quotes from architects for sign designs based on the City Hall
sign.
DODD /T.H. 110 TASK FORCE Council acknowledged a memo from Administrator Batchelder
regarding conducting a Council workshop to discuss the Dodd/T.H.
110 area prior to assembling a task force.
Councilmember Smith stated that before Council gets to the point of
naming a task force, Council needs to conduct a workshop to collect
its thoughts about the area and see what Council does and does not
agree on as far as concepts.
Councilmember Krebsbach moved to conduct a Council workshop
on April 16 at 7:00 p.m. for the purpose of discussing Dodd
Road/T.H. 110 area issues.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
COUNCIL COMMENTS Council briefly discussed a suggestion by Councilmember Smith that
Council should consider looking at the number of jobs being created
as one of the criteria for TIF.
ADJOURN There being no further business to come before Council,
Councilmember Huber moved to adjourn to 7:30 p.m. on April 14
for a special joint workshop on the Comprehensive Plan with
subsequent adjournment to 7:00 p.m. for a Council workshop on
Ayes: 5
Nays: 0
Cyllm-
Charles E. Mertensotto
Mayor
Page No. 23
April 7, 1998
Dodd Road./T.H. 110 issues.
Councilmember Smith seconded the motion.
TIME OF ADJOURNMENT: 11:45 o'clock p.m.
Kathleen M. Swanson
City Clerk
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
April 7, 199
Concrete/Masonry Contractor License
Steenberg-Watrud Construction, LLC
Gas Piping Contractor License
Apollo Heating & Vent. Corp.
Metro Gas Installers
HVAC Contractor License
Abatec Mech Inc
Apollo Heating & Vent. Corp.
Dependable Indoor Air Quality, Inc.
Fisher-Bjork Sheetmetal Company, Inc.
General Contractor License
W.V. Nelson Construction Co.
Performance Pool & Spa
Twin City Corporate Construction, Inc.
Landscaping /Tree Removal Contractor License
Accent Lawn & Landscaping Inc
Rubbish Hauler License
Aagard Sanitation Inc.