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1996-02-06 Council minutesPage No. 1 February 6, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 6, 1996 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1 101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Koch, Krebsbach and Smith. Councilmember Huber had notified Council that he would be late. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the amended minutes of the January 16,1996. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move item a, Planning Commission minutes, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for January. b. Approval of a revised policy on community use of City Hall facilities. c. Approval to purchase seven Motorola Minitor II Pagers for Fire Department use at a total cost of $3,160.92. d. Acknowledgment of a letter from Mr. F.T. Weyerhaeuser regarding Wentworth Avenue watermain construction. e. Acknowledgment of receipt of a memo from Interim Administrator Batchelder regarding mediation efforts on the Cruz variance issue. Page No. 2 February 6, 1996 f. Approval of the list of contractor licenses dated February 6, 1996, and attached hereto. g. Approval of the List of Claims dated February 6, 1996 and totaling $259,169.44. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 PLANNING MINUTES Councilmember Krebsbach stated that she asked that the Planning Commission minutes be moved to the regular agenda because of the discussion about senior housing. She stated that she would encourage the HRA to again present the slides they originally presented on existing facilities. She further stated that one of the facilities certainly appeared to be a two story building. She also wanted it to be clear that the T.H. 149 right -of -way is excluded to give Council fixture transportation options. Mayor Mertensotto stated that the Planning Commission was apparently of the opinion that the HRA wanted the additional 25 units, but Council had asked them to build the additional units for market rate housing to allow more Mendota Heights residents to move into the facility. Councilmember Smith stated that she would like to establish in Council's discussions the priority on who would have priority on those units. She further stated that she read in the HRA information that Mendota Heights residents would be put in a pool but it was her understanding that the first time around Mendota Heights residents would have first choice. Councilmember Krebsbach stated that she would like to know if adding the 25 units made the proposed building a three -story structure. Interim Administrator Batchelder stated that he does not think a three story facility is mandatory, but that the HRA was trying to use less land for the footprint of the structure. Public Works Director Danielson responded that the HRA went to three story structures for efficiency of construction, as it is less expensive to build a three story building than a two story building. He stated that he does not believe there would be a problem with land coverage if the facility is two stories tall. Page No. 3 February 6, 1996 Mayor Mertensotto asked what the HRA did with the other six buildings they have constructed. Mr. Danielson responded that he believes they are all three story buildings. Councilmember Krebsbach stated that she would like the HRA to answer that question and would also like to have them make sure the same slide presentation is used at future discussions. Mayor Mertensotto stated that Council must let the Planning Commission know that it was Council that requested the additional 25 units and also that the city has entered into an agreement with the HRA and they are ready to get started. Councilmember Smith moved to amend the consent calendar motion to move acknowledgment of the Planning Commission minutes back to the consent calendar. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 PROCLAMATION Council acknowledged a memo from Interim Administrator Batchelder regarding a request from Volunteers of America in Minnesota that Council proclaim March 3 -10 as Volunteers of America Week in Mendota Heights. Councilmember Smith moved to adopt a "PROCLAMATION DESIGNATING MARCH 3-10,1996 AS VOLUNTEERS OF AMERICA WEEK." Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 ROYAL REDEEMER Council acknowledged a letter from Royal Redeemer Lutheran PARKING LOT LIGHTS Church requesting authorization to add four parking lot lights in its parking lot. Council also acknowledged a related memo from Public Works Director Danielson. Public Works Director Danielson informed Council that the lights being requested are the normal NSP lights. Mayor Mertensotto stated that the normal NSP lights are not shielded and the light goes off site if they do not have hoods or shields on them to keep the light on site. He stated that NSP can Page No. 4 February 6, 1996 shield the side of the fixture that throws light onto neighboring properties. Public Works Director Danielson stated that the city must be concerned that the lights do not shine on Lexington Avenue, and there are some neighbors to the north. He informed Council that the proposed lights are to the east of the parking lot, away from the road. He stated that NSP will shield the lights if Council feels shielding is needed. Mr. Emil Hoppe, representing Royal Redeemer, stated that the proposed lights are the same as the ones that are already in the parking lot, but the proposed lights will be located on the north side of the lot and would be on a timer from 6:00 p.m. to 2:00 a.m. Mayor Mertensotto stated that if Council approves the request, there would have to be an understanding that if they create a problem, Royal Redeemer will ask NSP to shield the portion of each light that is causing a problem. Mr. Hoppe agreed that the Church would make the request to NSP if Council feels it is necessary. Councilmember Smith asked why it is necessary to keep the lights on until 2:00 a.m. Mr. Hoppe responded that he would think the lights could go off at midnight and from what he understands, as the days grow longer the lights do not go on so early, probably 9:00 p.m. in the summer. Mayor Mertensotto stated that his concern would be that they will be on after they are actually needed in the evening. Mr. Hoppe agreed, stating that he does not think they need to be on until 2 a.m. He stated that he will check into it and let Council know. Councilmember Smith expressed concern that the light will spill onto the neighbors' property to the north. Mr. Hoppe stated that he does not think the lights are that bright, but he will take care of shielding them if the lights do spill over. He explained that the proposed light poles would be about 10 to 12 feet tall. Page No. 5 February 6, 1996 Public Works Director Danielson explained that NSP installs the lights higher, on a normal 25 foot utility pole and that NSP cannot match the existing church light. He explained that it is a private light and matching lights would have to be purchased independently and installed by a contractor. Mayor Mertensotto suggested that the height of the light be restricted to no more than 18 feet. Councilmember Smith moved to approve the request by Royal Redeemer Lutheran Church to install four lights in its parking lot at a pole height not to exceed 18 feet with the understanding that the land owner will cooperate with correcting and shielding the lights if there are any off -site problems, and that the period of use be limited to what is necessary to function properly for the church - that the lights be on a timer and not used after midnight. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Public Works Director Danielson informed Council that the NSP lights are on photocell to go on at dark and off at light, and that NSP does not do them on a timer. He stated that he will contact NSP to see what can be done. CASE NO. 96-02, TUTHILL Council acknowledged an application from the National Rod End Division of the Tuthill Corporation for subdivision and tax increment financing assistance. Council also acknowledged reports from the Public Works Director, City Planner and City Treasurer along with letters from Tuthill. Mr. Vince Jiovanazzo, President of National Rod End, was present for the discussion. Mayor Mertensotto stated that Mr. Jiovanazzo had come before Council on the TIF request at a prior meeting and at that time one of the questions was the subdivision. He stated that the parcel would be reduced from seven acres to five acres, and he understands that Mn/DOT will retain the subdivided two acre ponding area and maintain it. He stated that Council had also raised some questions with respect to building design. He further stated that Council was concerned about the exterior because of the possible future expansion. Mr. Jiovanazzo responded that there have been some significant changes made to the design of the building exterior, and that the future expansion will retain the same exterior and complement the original building design. Page No. 6 February 6, 1996 Project Architect Mark Steingas reviewed two renderings of the proposed building. He stated that he has updated that pre -cast and spent much time revising the office aspect including changing the canopy design. He stated that the building should be quite a bit more dramatic than the original proposal, increasing the glass area and using custom colors on the metal. He stated that the landscaping has been considerably enhanced as well. He informed Council that the total project cost is $1.1 million. Councilmember Smith commented that the drawings emphasize the office area, and her concern is the total impact of the entire building. She stated that while the elevations which were presented give some idea, they do not show the full scope of the impact. With respect to the future addition, she stated that she noticed that it looks like it will be larger than the original building. Mr. Jiovanazzo responded that those are the parameters that are built in, but he does not know if it will take the shape shown on the site plan or if it will take a 20 foot jog or a 50 foot jog. He stated that the roadway on that side of the building would have to be realigned for an addition. Mr. Steingas stated that the building has been pushed back about 60 feet from T.H. 55 and the grass area has been increased. He stated that his thought is to angle the building away from the highway and move it farther back. Mr. Jiovanazzo stated that what he asked the architect to show was what the total coverage could be, and Tuthill has made no commitment on the future size or shape of an addition. Mayor Mertensotto expressed concern that Tuthill could come back for the addition and say that the plans presented this evening showed a design and it could be implied that Council bought into that design. He stated that the city should not be tied into any future expansion design and it should be marked on the site plan that the addition is for illustrative purposes only. Councilmember Smith asked what the front dimension of the building which is currently proposed and what the potential expanse of the total front of the building would be. She stated that she believes it is about 210 feet in the pre -cast existing building proposal and the addition could be another 300 feet. Page No. 7 February 6, 1996 Mr. Jiovanazzo responded that he doubts Tuthill would do something that would bring the future building addition out as far as shown on the plan because of parking. Mr. Steingas stated that what has been done on the site plan is just to extend the lines out to show the corporate office that there is expansion potential. He stated that it would be foolish for them to have a 500 foot expanse, and all that was done was to show on the plan that there is room to expand. Councilmember Smith stated that she could not approve anything that includes the future addition as shown on the drawing, even if it is only for illustrative purposes, because it could possibly some day be construed that Council made a commitment. Councilmember Krebsbach asked how important it is for the corporate people that the dotted lines for an addition be shown on the drawings. Mr. Jiovanazzo responded that it is not necessary, but it was important that National Rod End be able to show the corporate offices that there is expansion capability. He stated that the dotted line can be taken off. Mr. Steingas described the proposed building exterior and stated that ground lighting will be installed to light the building at night. Mayor Mertensotto asked what the height of the trees in the landscaping plan will be. Mr. Steingas responded that Tuthill has already added money to the program to get at least 12 foot spruce trees. Counci]member Krebsbach asked if there is any chance the Tuthill could do some plantings near George's Golf Range. Mr. Jiovanazzo responded that he believes there is already a natural buffer around the site. Mr. Steingas stated that the last one -half to two- thirds of it is open and he could add some trees along the site. Mr. Jiovanazzo stated that he would add landscaping along the golf course. Mayor Mertensotto asked how much TIF is being requested. Mr. Jiovanazzo responded that he is requesting $190,000 in tax increment assistance. Page No. 8 February 6, 1996 Treasurer Shaughnessy stated that he believes there were $185,000 in allowable expenses. Responding to a question from Mayor Mertensotto, Mr. Jiovanazzo stated that he is aware that the TIF will cease if there is a transfer in ownership. City Attorney Hart stated that if the transfer is to a wholly owned subsidiary or parent, there is no problem, but a transfer to an unrelated party is objectionable and would not be allowed. Councilmember Smith asked if the cash flow information has been re -done, as the last run had a couple of things that needed correction. Mr. Jiovanazzo responded that he believes that last one was to the year 2000 instead of the year 2006. Treasurer Shaughnessy stated that the land value may not be the same because the two acres will be subdivided, but land value is not included in the increments. Councilmember Smith stated that the office area is much more interesting than the original design. She stated that her concern is that the addition not have the expanse, and she hoped there will be something done to break up that expanse if an addition is done. Mr. Jiovanazzo responded that he agrees. He stated that he does not want the office portion to look like a warehouse, so the office has been wrapped around to enhance the looks of the building. Mayor Mertensotto asked if the property is subject to the noise attenuation ordinance. Interim Administrator Batchelder responded that it is, that the office area is covered by the ordinance at a certain level of decibel attenuation, but the warehouse area is not required to be reduced to as low a decibel level. Mayor Mertensotto stated that Tuthill needs subdivision approval, approval on a TIF contribution of $185,000 subject to the city's usual developer's agreement, and building permit approval. Councilmember Smith stated that one of her concerns before approval of the subdivision is how the ponding area will be maintained. She stated that she believes she read that it is the intent Ayes: 4 Nays: 0 Page No. 9 February 6, 1996 of Mn/DOT to maintain it and they anticipate this will involve cutting the vegetation once every ten years. She asked if Tuthill is just buying the five acres or the full 7 acre site. Mr. Jiovanazzo stated that Tuthill bought the full parcel with the intention of subdividing it and deeding the pond to Mn/DOT. Public Works Director Danielson stated that Mn/DOT has seeded the ponding area and a Mn/DOT representative will be present at the next Council meeting to review the landscaping plan for the Mendota Interchange area. He explained that the pond is part of the project and Council can also address the ponding area during that discussion. He stated that it is Tuthill's intent to make it a manicured pond, but dredging the pond will be Mn/DOT's responsibility and they would do it on an as- needed basis. He stated that he will get clarification on Mn/DOT's intentions about pond maintenance when he meets with them in the near future. Mr. Jiovanazzo informed Council that if there is some obvious debris it would be to his advantage to pick it up because the building's office will be overlooking the pond area. He stated that his company will take the responsibility to contact Mn/DOT to get the area cleaned up whenever clean up is needed. Councilmember Smith stated that Tuthill is apparently trying to get the property subdivided and give the ponding area to Mn/DOT is to avoid liability for the pond. Mr. Jiovanazzo responded that he would not want it to be interpreted that his firm is giving away the land and now accepts the liability for maintenance. He stated that the does not believe his corporate headquarters would want to commit to taking the liability for maintenance. Councilmember Koch moved adoption of Resolution No. 96 -07, "RESOLUTION APPROVING FINAL PLAT FOR TUTHILL ADDITION." Councilmember Krebsbach seconded the motion. Councilmember Smith asked if Mn/DOT normally posts its property so that people do not think it is an invitation to enter the site. She stated that if people do not think a property is controlled to a certain extent they re likely to dump things on it. Ayes: 4 Nays: 0 Page No. 10 February 6, 1996 Public Works Director Danielson responded that he does not envision that there will be a dumping problem, but if it becomes one, he would check into the possibility of installing no- trespassing signs. It was the general consensus to approve a $185,000 pay as you go note and to direct staff to prepare the necessary paper work. Councilmember Krebsbach moved to authorize the issuance of a building permit for the Tuthill Corporation, National Rod End Division, building on Waters Drive with the following conditions: that the applicant submit a plan for a landscape buffer be added along George's Driving Range and that the dotted line on the site plan indicating future expansion be removed, and subject to the plans meeting the requirements of the building code. Councilmember Koch seconded the motion. It was noted that once the dotted line is removed from the site plan, that would eliminate any concern over potential future inference of expansion approval. CASE NO. 96-03, U.S. WEST Council acknowledged an application from U.S. West/New Vector for conditional use permit to locate a 100 foot high cellular telephone monopole antenna on the Mendota Plaza property. Council also acknowledged receipt of information from U.S. West and associated staff reports. Mr. James Littlejohn was present to represent U.S. West. Mr. Littlejohn stated that he has requested that consideration on the matter be carried over because U.S. West was not able to prepare information necessary to respond to issues raised by the Planning Commission. He stated that U.S. West would like to also evaluate other potential sites in the next few weeks. Mayor Mertensotto stated that he does not see why the matter cannot be discussed tonight as well. He explained that one of Council's concerns is the height of the structure. He stated that there is only one shopping center in the city and Council is concerned about signage in the center and the height of structures. He stated that the proposed pole is much higher than the approved signs and in his view is similar to a billboard, which are not allowed in the city. He further stated that he thinks a 100 foot pole would be very intrusive and out of place and that he supports the Planning Commission's feelings. He stated that he understands that U.S. West agrees that it would not put another pole in, but that does not stop competitors Page No. 11 February 6, 1996 from asking for similar structures. He informed Mr. Littlejohn that the city's planner has recommended that Council consider whether this is an essential service, and he did not regard it as being essential at all. He stated that it is one particular vendor in the city trying to improve service, and as is stated in the planner's report, there could be many more requests for poles from cellular and digital phone companies. He asked how many of these towers the city needs to have service available. Mr. Littlejohn responded that cellular service has been deemed an essential service in three other sites in the city. Mayor Mertensotto responded that the city blindly used the definition in past instances. Interim Administrator Batchelder stated that it is his understanding of the application for the antenna service on the water tower that a conditional use permit was granted for the maintenance building which came with the antenna - it was not for essential service for an antenna for U.S. West. Mr. Littlejohn responded that it is important to remember that U.S. West is not adding a building to the site. He showed photos with a new design, looking at the proposed pole from the HRA site. He stated that the other uses around the site are all commercial, and that U.S. West has installed a similar pole at a local shopping center in Bloomington. He stated that once a monopole is built and painted egg shell it disappears into the background and people only notice them when they look at them. Mayor Mertensotto stated that there are no trees immediately adjacent to the building and there is nothing to obscure the sight line either from T.H. 149 or 110 because the shopping center building is a low structure. Mr. Littlejohn responded that the city planner suggested that U.S. West provide as much perimeter planting as possible. He further stated that he met with Ms. Kari Gill, from the HRA, and offered to do landscaping to provide screening from the proposed senior citizen facility. He explained that this would be a fill -in site and that U.S. West is done putting poles in high areas - it now puts poles in places that, because of the topography, it is the only way to serve an area. Mayor Mertensotto stated that the city just put $200,000 into the shopping center to increase safety and improve drainage, and worked with the shopping center owner on the sign at the entrance at Page No. 12 February 6, 1996 T.H. 149 as well as lighting so that it would not look like a midway. He stated that it makes no sense to him to now stick a 100 foot pole in the center of the plaza site. Mr. Littlejohn responded that the only answer is that this is needed for service - as the shopping center becomes a collecting area it will increase the demand for cellular even more for Mendota Heights residents using the center. Mayor Mertensotto stated that if it is so necessary to have a second pole somewhere, there certainly has to be some area that can be considered other than the shopping center. Mr. Littlejohn responded that one alternative is the Sibley High School property, and the pole could not be as high. He stated that the big question is whether the school would let U.S. West install a pole. Councilmember Krebsbach stated that she would like to hear what the school board thinks about the matter. She asked if U.S. West has thought about adding another antenna on the water tower. 1 Mr. Littlejohn responded that the problem is that the water tower is at or near capacity, as each cell can handle 66 calls at one time. He stated that it is impossible to predict how many calls a cell will handle because of duration of the calls, but what is known is that when someone is in an area where coverage is not available, a call cannot be made. Councilmember Krebsbach stated that she has spoken to many people who use cellular phones and they have interruptions under bridges, etc. She asked how long the interruption is along Dodd and if it is unusually long compared to other areas. Mr. Littlejohn responded that it is not necessarily limited to Dodd, as there is also a problem on T.H. 110 about one -half mile in either direction from the Dodd intersection. Responding to a question from Mayor Mertensotto, he stated that a lot of times because of confusion with dispatching by radio for police and fire personnel in some areas, cell phones are used to contact them or doctors. Mayor Mertensotto that that is not the norm. He stated that he would like suggest that the Council adopt the Planning Commission recommendation and deny the conditional use permit. He stated that Council would permit U.S. West to come back to reopen its application without having to pay for and file another application. Page No. 13 February 6, 1996 He suggested that U.S. West be given ninety days to allow them to do research. Mr. Littlejohn stated that this would be very generous, and if Council is concerned about height, it could impose a condition that the pole be no more than 95 feet, or even reduce it to 75 feet, as was the case with the AT &T tower. Councilmember Smith responded that the AT &T situation was different, since the pole was already in place before it matter came to the city. Mayor Mertensotto stated that both the height and locating the pole in the center of the shopping center are concerns. He also stated that Council should direct staff to research and collect information on what is available on adopted and model ordinances relating to cellular towers. Regarding water tower cells being at capacity, Councilmember Smith asked Mr. Littlejohn how U.S. West accommodates additional users. Councilmember Huber arrived at 9:15 p.m. Mr. Littlejohn responded that during peak hours they are dropped, but if the monopole is approved, they would be handled between the water tower and the monopole, as the area that the water tower is now providing service to would be narrowed. He stated that his only concern with finding a new location is that if the pole is located at the shopping center he would not have to come back in the future to request an additional pole. He stated that ultimately, when everything is digital, so many towers will not be needed because 666 customers could be served from one tower. He asked who he must appear before when he comes back. Mayor Mertensotto responded that he should come to the Council, and Council can send the application back to the Planning Commission. He stated that Council will review the information from other cities and the League of Minnesota Cities on cellular towers and provide direction to the Planning Commission before this matter goes back to the Commission. Staff was directed to assemble whatever information is available on cellular towers, including statutes, and to prepare formal findings for Page No. 14 February 6, 1996 Council consideration with respect to denial of the conditional use permit. There was discussion over whether a new application would be needed or if U.S. West could be given 90 days to file additional information to support the current application. Councilmember Smith felt that discussion should originate with the Planning Commission and Council should independently review standards. She stated that she would simply like to waive the 60 day rule and the application fee and a requirement to submit things that have already been submitted. Attorney Hart stated that the difficulty Council might face is that people around a new site will need to have a public hearing, so a new application should be made, and if it is for the shopping center site and there is a different configuration, the existing application could be used, as was suggested by Mayor Mertensotto. Mayor Mertensotto stated that Council should review the application and sent it to the Planning Commission. Councilmember Koch suggested that Council concurrently look at where poles would be appropriate. Mr. Littlejohn stated that what he envisions doing is a normal pre - application conference with staff and then coming back to the Council to ask if there are sites that would be better. From there, he could go to the Planning Commission. Councilmember Krebsbach stated that she believes Council will need to accommodate the technology in the short term, but whether the shopping center is the right site or not has yet to be determined. She stated that the Planning Commission spent much time discussing the application and much thought into this particular proposal and recommended denial for many reasons. She stated that she would like them to thoroughly review whatever is next proposed by U.S. West. Councilmember Smith stated that she thinks it is important that Council not circumvent the planning review and public hearing process. Councilmember Smith moved to direct staff to prepare findings and a resolution of denial for consideration on February 20, and further that U.S. West may return as an agenda item and present an alternate Page No. 15 February 6, 1996 proposal to Council within 90 days with the understanding that if Council finds that the proposal has merit it will be referred to the Planning Commission for public hearing. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Huber Staff was directed to collect information available from the League of Minnesota Cities and other communities regarding cellular towers and alert Council on what is available so that Council can give direction for preparation of a proposed ordinance. ZONING ORDINANCE Council acknowledged a memo from Administrative Intern Hollister AMENDMENTS regarding a proposed amendment to the Zoning Ordinance to officially restore motor fuel stations and motor fuel station convenience store as a conditional use in the B -2 zone and to allow drive -in windows at banks. Interim Administrator Batchelder stated that every motor fuel station in the city is located in a B -2 district and the only reference in the existing ordinance is in the B -4 zone. He explained that at the time of the Curley Development proposal, the error was discovered and was to have been corrected with the approval of the Duffy /Curley proposal several years ago, but the project never materialized and the correction was never made. He explained that staff researched and found that the 1974 ordinance codification left motor fuel stations out of the zoning ordinance in error. Mayor Mertensotto stated that the only way that the error can be corrected is to adopt an amendment to the ordinance. Interim Administrator Batchelder stated that staff has prepared a proposed ordinance and is recommending that Council refer it to the Planning Commission for public hearing. Councilmember Huber moved to direct the Planning Commission to conduct a public hearing on the proposed ordinance amendment to allow motor fuel stations and motor fuel convenience stores in the B -2 zone and to allow drive -in facilities at banks. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PLANNING CONSULTANT Council acknowledged a "Request for Proposals" for planning consultant services and memo from Public Works Director Danielson. Page No. 16 February 6, 1996 Councilmember Krebsbach moved to approve the Request for Proposals for Planning Consultant as submitted, directing staff to expand the list of firms to be notified and to follow the time -line for the selection process as stated in the Public Works Director's memo. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 SENIOR HOUSING Council acknowledged a memo from Administrative Intern Hollister regarding a proposed zoning ordinance amendment to add senior housing facilities to the conditional uses in R -3 districts. Mr. Hollister informed Council that senior housing is not currently addressed in the Zoning Ordinance and it is recommended that the ordinance be revised to accommodate senior housing and allow it as a conditional use given the listed "concessions" at the discretion of Council. Interim Administrator Batchelder gave Council a history of the HRA senior housing project. He explained that there has been discussion between staff and the HRA as to whether the HRA should pursue variances to provisions of the R -3 district, such as lot area requirements, parking, etc. In the discussion with staff, staff was concerned about setting a precedent by the city granting variances for R -3 districts and it was suggested that since the HRA is operating as an agent of the city and has unique status it would be appropriate to draft a proposed ordinance. He stated that the Planning Commission desired that the ordinance amendment be considered before the HRA application is considered any further, and the Commission recommended that Council call a public hearing on the proposed ordinance. Mayor Mertensotto stated that rather than granting variances that might be construed to apply to all R -3 structures, it is recommended there be a specific section for senior housing. There was discussion about age restrictions. Interim Administrator Batchelder responded that he believes one spouse must be at least age 55. Councilmember Huber asked if a care giver or dependent child could live with a parent in the facility. Staff was directed to check with the HRA on its policy with regard to senior housing as it relates to family members or dependents on whom a senior depends for care. Page No. 17 February 6, 1996 Staff was directed to check with the HRA on its policy with regard to senior housing as it relates to family members or dependents on whom a senior depends for care. Councilmember Smith felt that the amendment could be an invitation to a proliferation of applications for senior housing and the city could end up with substandard units if there is no seniors market. She pointed out that if the ordinance is amended, anyone could make application for a senior housing project. Mr. Hollister stated that many cities are very careful about who they consider seniors so that they do not have any problems. Councilmember Huber asked if Council needs to ensure that the HRA application effectively starts after the ordinance is adopted. Mayor Mertensotto responded that this is not necessary, as it is another public agency cooperating with the city to achieve the same goal. He stated that the Planning Commission asked that Council specifically address senior housing as a special category after reviewing the HRA request. He explained that the HRA is another governmental agency under joint powers, and no one would be harmed by the rules and regulations. Councilmember Smith stated that the HRA project is a subsidized project. She asked if the standards that are recommended are ones Council would wish to adopt for all senior housing. Mayor Mertensotto stated that the HRA has only one policy for all of its projects. He further stated that there are subsidized units for low and moderate income in the HRA project and also 25 units at market rate. He asked Intern Hollister to ask the HRA what conditions apply to the market rate units. Councilmember Smith stated that she wants to make sure that what the city adopts is consistent for others who would apply to build a senior facilities. Administrative Hollister was directed to follow up on the Council questions. Councilmember Huber moved to direct the Planning Commission to conduct a public hearing on the proposed senior housing amendment to the zoning ordinance. Councilmember Smith seconded the motion. Page No. 18 February 6, 1996 COMPREHENSIVE PLAN/ Council acknowledged a memo from Public Works Director ZONING ORDINANCE Danielson regarding a state law amendment concerning Comprehensive Plan/Zoning Ordinance consistency and a request from the Planning Commission that a letter be sent to the legislators and others to request that they describe how and why such a change could come about. Mayor Mertensotto stated that the League of Minnesota Cities has indicated that they did not take a position on the law when it was introduced. He stated that the law was that the underlying zoning regulated the land use and the comprehensive plan should be consistent with zoning. He stated that in many cities, there is always a lag between the comprehensive plan and zoning changes, and the statute was revised to say that the zoning ordinance must be in conformance with the comprehensive plan because the plan will control land use after December 31, 1998. He stated that he thinks the letter of request (prepared by Commissioner Friel) asks why the change was made away from the underlying zoning, because zoning is in place and people rely on it. He explained that in Mendota Heights, a change in the Comprehensive Plan cannot be made without a 4/5 vote, and the statute change says that a majority vote is required. He further stated that the statute also brings the Metropolitan Council into the planning loop, and the Planning Commission is asking what the paramount reasons were for the change in statute. Councilmember Smith stated that she thinks the Commission would like clarification on whether their observations re correct and if they are correct, the Commission would like the statute changed. Councilmember Krebsbach stated that it is her understanding that the Commission recommends sending the letter to the people who represent the city and find out where they stood on the recommendation. Attorney Hart stated that there have been statutes for quite some time that say that if the comprehensive plan is changed, the zoning ordinance had to be changed to conform to the plan within a certain period of time. He further stated that the biggest change is that the statute now requires that the change be made in 1998. After discussion it was the consensus to direct Interim Administrator Batchelder to draft a letter to the city's representatives and Metropolitan Council Representative Kevin Howe to invite them to attend a Planning Commission when they are available to discuss the Page No. 19 February 6, 1996 Planning Commission's concerns as outlined in Commissioner Friel's letter. COMMISSION APPOINTMENT Councilmember Krebsbach moved to reappoint the following individuals to three year terms on advisory commissions: Joe Betlej, Planning Commission; Dick Spicer and Jay Liberacki, Parks and Recreation Commission; Ellsworth Stein and Gregg Fitzer, Airport Relations Commission. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MILEAGE RATE Council acknowledged a memo from Treasurer Shaughnessy recommending an increase in the mileage reimbursement rate. After considerable discussion, it was the consensus staff be directed to review how many vehicles the city owns and how many should be provided, to determine when it is more effective for the city to purchase a vehicle rather than having personnel use their own vehicles. Councilmember Krebsbach moved to raise the mileage reimbursement rate to 30 cents per mile for 1996, effective February 1, 1996. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 DUAL TRACK STUDY Council acknowledged a memo from Interim Administrator Batchelder regarding the Dual Track Airport Study's draft environmental impact study, along with a draft response. Mayor Mertensotto stated that the city has always taken the position that the process should be continued until it is completed. He stated that the present DEIS does not include costs to increase the air noise insulation program for residential owners or how many homes the MAC will be taking out to expand MSP. He further stated that MSP land would be put back into the land market if a new airport were built, and that has not bee put into the equation. He also stated that Minneapolis is asking for the Rosemount research center study for a remote runway. He felt that it would be in the city's best interest to take a position that the dual track study should go to completion. Councilmember Krebsbach stated that she feels that at some point a new airport will be needed, but she did not think this is a legitimate Page No. 20 February 6, 1996 process. She stated she will support the proposed city response but thinks the real issue is going to Stage 3 aircraft. Councilmember Smith stated that the letter should talk about procedures in general - what can be implemented to reduce noise immediately. Interim Administrator Batchelder stated that the DEIS does not address operational changes and what type of impact may be caused by increased over flights under the expanded airport concept. He stated that many of the operational suggestions made in a document prepared by former Administrator Lawell can be included in the letter. Councilmember Smith moved to approve submission of the comments to the DEIS to the Metropolitan Council as amended to include operational concerns of the city that are of record. Councilmember Krebsbach seconded the motion. MFRS Council acknowledged a memo from Interim Administrator Batchelder regarding a draft response to the court order regarding the Minnesota Police Recruitment Service litigation. Mayor Mertensotto stated that he thinks the city should notify Mr. Charles LeFever, of Holmes and Graven, that Mendota Heights wants to sever representation. He stated that participating in a joint proposal is beyond the defense of a lawsuit, and Council does not know what the fees would be. He suggested that the city notify the Holmes and Graven and MPRS that Mendota Heights will submit its own proposal to the court. He pointed out that Police Chief Delmont has prepared a draft of a plan and the city has been complying with an affirmative action plan. He pointed out that 20% of the city's police force is in a protected class. Councilmember Koch moved to notify Holmes and Graven and MPRS that the city will submit an independent proposal to the court and to notify Holmes and Graven that the City is terminating its relationship with its firm. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PUBLIC WORKS Council acknowledged a memo from Interim Administrator AGREEMENT Batchelder regarding consideration of an offer from Teamsters' Local 320. Ayes: 5 Nays: 0 SEWER RATE TASK FORCE Ayes: 5 Nays: 0 Page No. 21 February 6, 1996 Mayor Mertensotto reviewed the memo. He recommended that Council notify the city's legal counsel, Kevin Rupp, that the terms are not acceptable and that he put everything on hold so that no more money is expended. Councilmember Smith responded that that does not mean that Council will not talk about schedules on an independent basis but not as a settlement. She further stated that she would be willing to accept that the city will drop the claims against the Third Party Defendants as a settlement, but she did not feel that hours should be part of the settlement. After discussion, Councilmember Smith moved to reject the proposal but alternatively state that if the Local 320 drops the lawsuit, Council will withdraw the Third Party claims. Councilmember Huber seconded the motion. Council acknowledged a memo from Interim Administrator Batchelder regarding subscribing to the MAMA Labor Relations Service. It was the consensus not to participate. Council acknowledged a memo from Interim Administrator Batchelder regarding Metropolitan Council Sewer Rate Task Force recommendations. Mayor Mertensotto, a member of the Task Force, reviewed the recommendations for Council. He suggested that Council take exception to the proposed 30% increase in SAC charges on the basis that Council regards SAC to be a burdensome figure to begin with. Councilmember Krebsbach moved to support the Task Force recommendation except for the SAC provision which calls for a 30% increase in SAC charges. Councilmember Huber seconded the motion. Staff was directed to notify the Metropolitan Council of Council's response. Page No. 22 February 6, 1996 MEETING CONFLICT Interim Administrator Batchelder informed Council that the precinct political caucuses are scheduled by statute to be held on March 7, which is the date of a Council meeting. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:19 o'clock A.M. T ATTEST: Kathleen M. Swanson, City Clerk Charles E. 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