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1996-09-17 Council minutesPage No. 1 September 17, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 17, 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, 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 and Smith. Councilmember Krebsbach had notified the Council that she would be late and arrived at 7:37 p.m. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES i Ayes: 5 Nays: 0 Ayes: 4 Nays: 0 Abstain: 1 Koch Ayes: 5 Nays: 0 Councilmember Huber moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Councilmember Huber moved approval of the minutes of the regular meeting held August 6, 1996 as amended. Councilmember Smith seconded the motion. Councilmember Krebsbach moved approval of the minutes of the regular meeting held August 20, 1996 as amended. Councilmember Smith seconded the motion. Councilmember Krebsbach moved approval of the minutes of the regular meeting held September 3, 1996 as amended. Councilmember Huber seconded the motion. CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the minutes of the September 10, 1996 Parks and Recreation Commission meeting. Page No. 2 September 17, 1996 b. Acknowledgment of the Treasurer's monthly report for August.. c. Adoption of Resolution No. 96-70, "A RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT PROGRAM." d. Acknowledgment of a memo from Administrative Intern Hollister regarding Case No. 96-25, Evans, and adoption of Resolution No. 96-71, "A RESOLUTION DENYING A SIDE YARD VARIANCE AT 716 EVERGREEN KNOLLS." e. Adoption of Resolution No. 96-72, 'RESOLUTION ACCEPTING WORK AND APPROVING VINAL PAYMENT FOR SWANSON'S 2ND ADDITION (IMPROVEMENT NO. 95, PROJECT NO. 2)," awarding fmal payment of $6,449.02 to Kober Excavating. f. Authorization to forward comments on the draft County Transportation Plan Policies to the Dakota County Board. g. Approval of the joint Police Liaison Services Agreement between the school district and the Cities of Eagan, Mendota Heights and West St. Paul, and authorization for the mayor and City Clerk to execute the document. h. Authorization to retain Geoffrey Jillson as structural engineer to review Planning Case No. 96-27 for an amount not to exceed $ 1,000, and with direction to Mr. Jillson to notify Council if it appears that additional funding will be needed. i. Approval of the issuance of a cigarette license to the SuperAmerica Group for the Mendota Heights Road/T.H. 55 facility. Approval of the issuance of an off-sale 3.2 malt beverage license to the SuperAmerica Group for the Mendota Heights Road/T.H. 55 facility. k. Approval of the list of contractor licenses dated September 17, 1996 and attached hereto. 1. Approval of the List of Claims dated September 17, 1996 and totaling $225,414.71. Page No. 3 September 17, 1996 Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 BID AWARD, Council acknowledged a memo and tabulation of bids received for SOUTH PLAZA DRIVE construction of the extension of South Plaza Drive and utilities to serve the Dakota County HRA Senior Facility. Public Works Director Danielson informed Council that the low bid exceeds the engineer's estimate by 38% in part because of requirements imposed by the St. Paul Water Utility and because it is so late in the season. He also requested Council approval of a change order to incorporate Davis Bacon Federal Labor Standard Provisions into the contract. He explained that including the provision within project specifications is highly unusual since it is only required for federally funded projects, and it had been inadvertently left out of the specifications. Councilmember Smith moved adoption of Resolution No. 6 -73, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SOUTH PLAZA DRIVE EXTENSION IMPROVEMENTS TO SERVE DAKOTA COUNTY HRA SENIOR HOUSING (IMPROVEMENT NO. 96, PROJECT NO. 1)," along with approval of Change Order No. 1, awarding the contract to Ro -So Contracting for its low bid of $56,749.00. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 BID AWARD - CITY HALL Council acknowledged a memo from City Hall Building Manager REPAIRS Guy Kullander for exterior paint and stain repairs to City Hall. Responding to a question from Mayor Mertensotto, Treasurer Shaughnessy stated that Mr. Kullander had contacted the original painter and reviewed the architect's specification for City Hall to be sure that the same materials are being used as were originally used. Council directed Public Works Director Danielson to verify that the correct materials are used in the project. Councilmember Huber moved to authorize issuance of a purchase order to R &R Clean & Seal for its low quote of $3,350 for exterior paint and stain repairs to City Hall and to release all other bids Page No. 4 September 17, 1996 received for the project. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 PEACE BY PEACE Council acknowledged a memo from Administrator Batchelder regarding a proposed resolution for building non-violent communities. Dakota County Attorney James Backstrom. and County Commissioner Patrice Bataglia were present for the discussion. Mr. Backstrom stated that October is Violence Prevention Month, and the Dakota Council for Healthy Communities is sponsoring a violence prevention initiative. He stated that crime and violence in the communities is a significant issue, citing statistics on increased adult and juvenile crime rate increases over the past five years. He urged Council to adopt the proposed resolution and responded to Council questions. Commissioner Bataglia, Chair of the Dakota Council for Healthy Communities, discussed ways in which the city can get involved and informed Council that the Dakota Council for Communities and the DAP have merged into the Dakota Partnership for Healthy Communities. She asked for continued Council support for prevention initiatives. Mayor Mertensotto asked that October 10 be declared "Turn off the Violence Day." Councilmember Huber moved to declare October 10, 1996 as "Turn off the Violence Day." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Koch moved adoption of Resolution No. 96-74, "A RESOLUTION BUILDING NON-VIOLENT COMMUNITIES ... PEACE BY PEACE." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Commissioner Bataglia invited Council to the ribbon cutting ceremony for the Big Rivers Trail on September 24. AUDIT Mr. Steve Laible, from KPMG Peat Marwick, was present to review the city's 1995 Annual Financial Report. He stated that the audit was very efficient and shows excellent financial management. Page No. 5 September 17, 1996 Responding to a question from Councilmember Huber regarding internal control procedures, he stated that the auditors did look at internal procedures and the city is using standard control and internal checks and balances are thorough. HEARING - CURLEY'S Mayor Mertensotto opened the meeting for the purpose of a public ASSESSMENTS hearing on proposed assessments for the Curley's Valley View Heights street improvement project. Council acknowledged a memo from Public Works Director Danielson and the proposed assessment roll. Mayor Mertensotto asked for questions and comments from the audience. Mr. Gene Engel stated that he is pleased with the improvements and his only criticism is that there was not enough communication from the city during the project, and that flyers informing the residents on the stages of the project would have been helpful. Engineer Mogan stated that he understands the concern and there are some things staff could do to keep people informed. He explained that staff is informed by a project contractor when he is going to do work about the time he begins the work, and it would be nice to have a project hot line set up to keep residents informed. Mayor Mertensotto agreed, stating that the information would need to be continually updated. He suggested that for future projects, the contract specification should stipulate that the contractor must submit a work schedule to City Hall one week in advance, and that staff work out a procedure for distributing that information to property owners to keep them informed on the project. Councilmember Huber stated that the hot line would not be so much a tool for residents to call in with complaints or questions but rather so that they could get an update on the work plan for the coming week. Mayor Mertensotto suggested that there be two numbers for people to call, one for recorded messages and the other for complaints. Engineer Mogan then responded to Council questions on the project status and to a home owner's question regarding the warranty on sod. There being no further questions or comments, Councilmember Huber moved that the hearing be closed. Page No. 6 September 17, 1996 Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 96- 75, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE RECONSTRUCTION/REHABILITA- TION IMPROVEMENTS TO SERVE CURLEY'S VALLEY VIEW ADDITION AND SURROUNDING AREAS (IMPROVEMENT No. 93, PROJECT NO. 4)." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ASSESSMENT HEARING- Mayor Mertensotto opened the meeting for the purpose of a public MENDOTA MEADOWS hearing on proposed assessments for public improvements constructed to serve the Mendota Meadows addition. Council also acknowledged a memo from Public Works Director Danielson along with a copy of the proposed assessment roll. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Huber moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Huber moved adoption of Resolution No. 96-76, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWER AND STREET IMPROVEMENTS TO SERVE MENDOTA MEADOWS (IMPROVEMENT NO. 96, PROJECT NO. 1). Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ASSESSMENT HEARING - Mayor Mertensotto opened the meeting for the purpose of a public SWANSON'S 2ND ADDITION hearing on proposed assessments for public improvements constructed to serve the Swanson's 2nd Addition. Council acknowledged a memo from Public Works Director Danielson along with the proposed assessment roll. Mayor Mertensotto asked for questions and comments from the audience. Page No. 7 September 17, 1996 Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Huber moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 96- 78, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWER, WATERMAINS, STORM SEWER AND STREET IMPROVEMENTS TO SERVE IVY FALLS SOUTH ADDITION (IMPROVEMENT NO. 95, PROJECT NO. 3)." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 HEARING - BUNKER Mayor Mertensotto opened the meeting for the purpose of a public HILLS STREETS hearing on proposed street reconstruction improvements to serve the Bunker Hills neighborhood. Council acknowledged the feasibility report, an update report from Engineer Mogan, and letters from Ronald J. Coulter, 828 Hilltop Road, Mr. & Mrs. Steven Markes, 745 Hilltop Road and Mr. & Mrs. Ben Bayless, 821 Hilltop Road. There being no questions or comments, Councilmember Huber moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 96- 77, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWER, WATERMAINS, STORM SEWER AND STREET IMPROVEMENTS TO SERVE SWANSON'S 2m ADDITION (IMPROVEMENT NO. 95, PROJECT NO. 2)." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 ASSESSMENT HEARING - Mayor Mertensotto opened the meeting for the purpose of a public IVY FALLS SOUTH ADDITION hearing on proposed assessments for public improvements constructed to serve the Ivy Falls South Addition. Council acknowledged a memo from Public Works Director Danielson along with the proposed assessment roll. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Huber moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved adoption of Resolution No. 96- 78, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWER, WATERMAINS, STORM SEWER AND STREET IMPROVEMENTS TO SERVE IVY FALLS SOUTH ADDITION (IMPROVEMENT NO. 95, PROJECT NO. 3)." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 HEARING - BUNKER Mayor Mertensotto opened the meeting for the purpose of a public HILLS STREETS hearing on proposed street reconstruction improvements to serve the Bunker Hills neighborhood. Council acknowledged the feasibility report, an update report from Engineer Mogan, and letters from Ronald J. Coulter, 828 Hilltop Road, Mr. & Mrs. Steven Markes, 745 Hilltop Road and Mr. & Mrs. Ben Bayless, 821 Hilltop Road. Page No. 8 September 17, 1996 Mayor Mertensotto explained the urban street standard for the audience. Engineer Mogan reviewed the history of the proposed project. He stated that the Bunker Hills is obviously in need of new streets, and the city has received requests form the neighborhood. He described the project area and the streets which are proposed to be improved, explained that the 1.9 miles of streets were originally constructed in 1970 with a six inch gravel base and two inches of blacktop. He explained that over the past 26 years, the streets have deteriorated and maintenance is no longer either effective or prudent, and that he is recommended reconstruction of the streets to a 33 foot width with six inches of gravel base and 3 1/2 inches of blacktop, storm sewer and curb and gutter. The estimated project cost is $788,000, and under the street rehabilitation policy which was adopted in 1992, the city will assist by funding 50% of the improvement costs for urban construction. He stated that in this case, he is recommending funding of about 55% because some of the costs are outside of the street work. He informed the audience that 74 lots are proposed to be assessed, and that he is proposing that the city pay an equivalent assessment for the six double frontage lots on Hilltop, which results in 80 lots to be assessed at $4,580 per lot. He stated that the proposed assessment rate is the same for every lot, regardless of street frontage. He also suggested that the lots on the ally pay only for the alley improvement costs at about $1,900 per lot and not for the street improvement, and that the city contribute the difference between the $4850 typical assessment and the $1,900 assessments for those lots. He stated that the alley would have curb and gutter but would be paved to about 22 feet wide. Mayor Mertensotto asked for questions and comments from the audience. Ms. Molly Brady stated that she lives on the Arvin Drive cul -de -sac and Valley Curve and asked if she will have an extra assessment and if the streets will be wider than they are now. She stated that there is a brick wall that is part of her driveway and she was concerned that it would be removed. Mr. Mogan responded that there would only be one assessment and that city staff will work with the individual lot owners where there are special circumstances, like the wall. Ms. Nancy Ketler stated that she understood there are two options available, either simply paving the streets and paying 100% of the Page No. 9 September 17, 1996 cost or agreeing to curb and gutter and receiving city assistance for 55% of the project. Engineer Mogan responded that there are really four options: to do nothing; to upgrade the streets to city standard; total reconstruction to a rural section; and a simple overlay. He explained that the simple overlay would cost each homeowner between $2,500 and $2,700 per lot and would be assessed over 10 years, but it would only be a Band-Aid approach which will not address any of the structural problems of the street. The third option, reconstruction to rural section, would cost about $4,000 per lot. Mr. Dick Gatti stated that there are some ponds and creeks that the water currently drains to. He asked if they would be closed off and dry up if the new storm sewer is installed. He also asked about driveways and how the curbing will lead into areas where curb will not be installed, like the alley. Engineer Mogan responded that the existing drainage patterns will be maintained with the possible exception of the Ridge Place cul-de- sac that drains in a northwesterly direction. He stated that the which currently flows to the existing creek at Valley and Willow will still flow to the creek in the new drainage system. Responding to the driveway question, he stated that driveways will be replaced where grades need to be matched, and there will be drop curbs leading into areas where there will not be curb and gutter. He informed the audience that the properties on the alley do not receive the same level of benefit, which is why he is recommending that they be assessed at $1,900. Responding to a request from Councilmember Huber, he discussed the possibility of homeowners reconstructing their driveways under the contract price, outside of the $4,800 assessment and at the expense of the homeowners. Mr. John Hagman stated that Ridge Place is 21 feet wide now and asked why 32 feet is proposed. He stated that there are six homes on the cul-de-sac and there will never be any more homes on the cul-de- sac. Mayor Mertensotto responded that 32 feet is the standard street width for the urban street option under the street reconstruction/ rehabilitation policy. Engineer Mogan stated that there have been deviations from the 32 foot standard in cases where there have been extenuating circumstances. Page No. 10 September 17, 1996 Mr. Sten Gerfast asked when the project would begin if bids are let in early spring, and how many weeks the streets will be undriveable. Engineer Mogan responded that he would expect construction to start about May 1 and would anticipate that the neighborhood would be inconvenienced for about eight to nine weeks. He pointed out that not every road would be torn up at the same time and residents would always have access to their properties except during the time when curb and gutter is being installed. Ms. Alice Lindbergh, 1808 Valley Curve, stated that she is in favor of curb and gutter and that she has a problem with drainage at the bottom of her driveway. Mr. Jerome Kaufer asked the anticipated life of a simple overlay and why there would be no city subsidy. Engineer Mogan reviewed the rehabilitation policy, stating that the city contributes to the cost of full reconstruction because it is in the city's best interest to install curb and gutter since the streets last longer and require less maintenance, which saves money over the life of the streets. Regarding the life of an overlay, he stated that it is very difficult to estimate but that if the existing streets are in bad shape, an overlay may last for ten years. Mr. Ben Bayless asked what procedure the residents should follow to decide what they want done. Mayor Mertensotto responded that if there is objection to full reconstruction, the city will not pursue it and the residents would have to submit a petition to indicate what they want done. He informed the audience that Council needs to know what the neighborhood wants done. Mr. Bayless stated that he does not want curb and gutter because there is too much contrast between stark white concrete and blacktop coming into a rural neighborhood. Mayor Mertensotto responded that if the neighborhood petitions for rural streets without curb and gutter, then the city will not pay any of the costs and the assessment would be nearly the same to the residents as if the roads were reconstructed to urban standard with city participation. Mr. Steven Markes, 745 Hilltop Road, stated that he has always had problems with drainage and that he is in favor of curb and gutter. Page No. 11 September 17, 1996 He felt that the streets with curb and gutter look neater and suffer less blacktop breakage. He stated that his property backs on the alley and there are many children in the neighborhood and he does not want the traffic to move faster because of new streets. He asked if Council would consider installing speed bumps on the alley. He also stated that the alley only needs to provide access to the six homes. Engineer Mogan responded that the city easement is 40 feet wide and he is recommending that the alley be paved to 22 feet wide rather than the existing 17 foot width. A lady in the audience stated that she surveyed the six people who live on the alley and they would like it to remain gravel. She asked what the path along Valley Lane would be and who could use it. She stated that everyone is interested in keeping it quite and unused. Engineer Mogan responded that no vehicles would be allowed on the path except for city vehicles and that the city would maintain it like the bituminous city trails. He pointed out that at this time the path is just his suggestion and that Council is looking for feedback from the neighborhood. He explained that if the path is constructed, the city would try to make it difficult for illegal entry by the general public. Mr. Markes stated that Mn/DOT came out and judged the intersection of Dodd and Hilltop to be a very dangerous intersection because of visibility. He asked if it would be possible to make Hilltop Road a cul -de -sac. Mayor Mertensotto responded that it would not be possible and that there should be as good circulation into the neighborhood as possible. Mrs. Bev Bayless stated that she did a survey of Hilltop Road and Court, and 20 people just want the streets redone with no added width and four wanted curb and gutter. She stated that there were several options given this evening and asked if the neighborhood can do another survey. Mayor Mertensotto stated that they should re- survey and that city staff would provide the neighborhood with factual information. i Mrs. Bayless asked if all of Bunker Hills needs to be done the same. She stated that the Hilltop residents want one type of improvement and the Valley Curve residents want another. Page No. 12 September 17, 1996 Mayor Mertensotto responded that the improvements must be uniform. Councilmember Krebsbach encouraged the residents to hold a meeting at City Hall to discuss the options. Mr. Jerry Springer, 820 Hilltop, asked whether modified curbs could be installed, like in Eagan, rather than the fall curb as is proposed. Mayor Mertensoto responded that surmountable curbs are subject to snowplow damage and do not last. Mr. Mark Zaman, 1801 Valley Curve, stated that he questions whether his section of Valley Curve needs to be the fall road width because there are only houses on one side of the street. Mayor Mertensotto stated that staff will look at whether the width could be reduced. Mr. Dave Boyern, 1940 Wachtler, asked whether his underground sprinkler system will have to be removed and was also concerned about his mailbox. Engineer Mogan responded that property owners are asked to locate their sprinklers for the contractor and the contractor will try to work around them, and mailboxes will be relocated during construction. He informed the residents that any damage which may occur as the result of construction will be repaired under the contract. Ms. Maureen Wilkie, 781 Ridge Place, asked if the alley will last as long as the rest of the new streets. She also asked why the people on the alley are only being assessed $1,900 when the other property owners will be assessed over $4,000 if curb and gutter is installed. Engineer Mogan responded that there will be no curb and gutter, so if people drive on the edge of the blacktop, the alley will have a shorter life. Regarding the proposed alley assessment, he stated that existing material can be used in constructing the alley and there is much more work required for reconstructing the streets. Mr. Brian Birch, 755 Willow Lane, stated that he is happy to see that Valley Curve is proposed to be an eight foot path because it is full of debris now and is used for late night partying. He also stated that he needs curb and gutter in front of his home because the water that comes down the street now creates problems on his lot. He asked Page No. 13 September 17, 1996 how the area will be drained so that he and his neighbors do not get water in their basements. Engineer Mogan responded that the drainage problems on Mr. Birch's property and his neighbor's will be addressed as part of the project. Mr. Birch stated that he does not feel it is fair for the people on the alley to pay less, since they use the neighborhood streets every day and as a community and neighborhood, everyone should be treated the same. Ms. Shelly Smith, 1823 Valley Curve, stated that she has small children and would really appreciate the eight foot path on Valley Curve. She also stated that she has been waiting for curb and gutters for thirteen years and is in favor of it, and suggested that Arvin Drive be left at its current width since there are only three homes on lt. In response to a resident request, staff was directed to prepare an informational fact sheet for the neighborhood, describing the four options. Staff was also directed to make sure that the manhole covers are childproof if the project is ultimately approved. Mr. Joe Stefan asked under which of the four options will the storm sewer be implemented and stated that it is his opinion that the remodeling of the storm sewer is at least as important as reconstructing the streets. Engineer Mogan stated that storm sewer would be installed under the city standard option. Responding to a question about the possibility of having the utility lines buried, Engineer Mogan stated that he will check with the utility companies. He stated that he is sure the utilities would put the lines underground if the neighborhood is willing to pay for it. Mrs. Betty Schuster, 1900 Wachtler, stated that she is in favor of curb and gutter but would hate to have her street widened because it will take so much property from people's yards. She pointed out that plows do destroy the yards and curb and gutter will protect the yards, and if she would be paying $4,000 for just a partial project she would rather pay $4,800 for a fall project. Mayor Mertensotto informed the audience that Council would take no action tonight but would direct staff to send an informational fact Page No. 14 September 17, 1996 sheet to the homeowners. He suggested that the neighborhood do a survey to see if a consensus can be reached. A lady in the audience suggested that the survey include a mail -in reply card. Councilmember Smith suggested that the reply also include a comment section. There being no further questions, Mayor Mertensotto called a recess at 11:02 p.m. The meeting was reconvened at 11:10 p.m. ZIGGY' S CELEBRATION Council acknowledged letter from Mr. Larry Mack requesting permission to conduct a one year anniversary party for Ziggy's Deli at the Mendota Plaza on October 5. Council also acknowledged an associated memo from Administrative Intern Hollister and a letter from Paster Enterprises. Mayor Mertensotto stated that noise from the band, which Mr. Mack requested be allowed to play from 8 to 10 p.m., could be very disturbing to the neighbors and could cause problems. He asked whether it is necessary to have the band until 10 p.m., pointing out that there are homes on Creek Avenue which could be impacted by the noise, particularly if it is a windy day. He asked if the music could be curtailed by 9 p.m. Mr. Mack stated that he is proposing a family get together and neighborhood families will be invited along with members of the MHAA. He stated that the band is reserved for four hours and he would have no trouble having them start earlier and finishing earlier, and 9 p.m. would be acceptable. Responding to a question from Councilmember Krebsbach, he stated that he would like the outdoor barbecue and band in front of the store, and that the drawing he submitted to show the area where he would like to hold the outdoor activities is just a proposal. He stated that another option is to rope off ten parking spots near his store to the liquor store. He informed Council that there would be no thru traffic in the area where the barbecue will be held. Mr. Mack stated that he is proposing a family event for customer appreciation, especially directed towards the MHAA, and for the one year anniversary, and also to celebrate the success of the women's softball which Ziggy's sponsored. Responding to a question on how he would control people bringing in liquor, Mr. Mack stated that he Page No. 15 September 17, 1996 will not serve liquor and that he will speak to the police department for support. Mayor Mertensotto informed Mr. Mack that if the event is approved, he cannot dispense anything in breakable containers and must take care of all refuse. He also asked about sanitation facilities. Mr. Mack responded that everything will be served in disposable containers. He stated that DD's Dance Studio would like to participate and would allow its bathrooms to be used for the event in addition to those at Ziggy's. He further stated that he will provide additional sanitation (portable facilities) and additional staff to help with refuse control. He explained that all of the food will come from inside the restaurant but that there will be one grill outside for burgers and hot dogs. He stated that there will be no outside advertising, and that the only advertising will be in the Sun Current, word of mouth and mailers to the MHAA coaches. He informed Council that the music will be back to the 50's and will not be hard rock. Councilmember Krebsbach stated that Mr. Mack had originally proposed a coffee house environment and what he is proposing now is more of a street dance. Mr. Mack responded that he wants to conduct the celebration as an annual event but he still wants Ziggy's to be a coffee house. He informed Council that he is expanding next door to handle all of his business and will have a one -man guitar player inside the store this winter when the addition is finished. Councilmember Krebsbach stated that the proposal is a departure from what was originally discussed and that she would support it as a first anniversary celebration only. Mayor Mertensotto pointed out that Mr. Mack must abide by state statutes on food handling and must follow all state regulations. He further stated that Mr. Mack will be required to rent portable sanitary units and that there could be no music or amplifiers after 9:30 p.m. He stated that Mr. Mack will also have to work with the police department about what can be cordoned off. He asked if there will be a canopy or tent for the food area. Mr. Mack responded that there will be a canopy over the food area j but there will not be any stakes to hold it. He stated that he does not want to use a tent, but that is contingent on weather. Page No. 16 September 17, 1996 Mayor Mertensotto informed Mr. Mack that he will need to provide a certificate of insurance naming the city as an additional insured on his liability insurance policy, and also must provide trash removal. He asked about lighting for the event. Mr. Mack stated that there will be some stage lighting for a small platform stage and that he will make special arrangements with his trash hauler, and his staff and volunteers will pick up any refuse. Mayor Mertensotto pointed out that if the permission is granted, it would be as a special event permit with no guarantees on future permits. City Attorney Hart stated that the city is not specifically approving the type of tent, etc., nor will it approving each of the items in Mr. Mack's letter, but rather is just approving the permit without any guarantee on future requests. Councilmember Huber moved to issue a special event permit for Ziggy's Deli for October 5, providing that there be no music after 9:30 p.m., that the event be concluded by 10:30 p.m., that the band play between the hours of 6:30 p.m. and 9:30 p.m., that Mr. Mack be permitted to cordon off a portion of the shopping center from 11:30 a.m. to 10:30 p.m. that Paster Enterprises submit a letter agreeing to the time and plan being proposed by Mr. Mack, and the conditions stated in the discussion by Mayor Mertensotto. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Public Works Director Danielson stated that Mr. Mack is proposing a banner sign on his store or a pylon sign. Mr. Mack stated that he is asking for either a banner sign or some type of portable pylon sign like the one used by the fire department for events, which he would like to place at the Dodd Road entrance to the shopping center two days prior to the event. MN/DOT LOGO SIGNS Council acknowledged a memo from Administrator Batchelder regarding the Mn/DOT Logo Sign Program, along with Mn/DOT and Minnesota Logos and an excerpt from state statute. Mayor Mertensotto stated that Council objects that the city has a sign ordinance and policy and is not getting any cooperation from Mn/DOT on the signs along the freeway. He stated that Mn/DOT calls the signs directional signs but they are in fact advertising signs. Mayor Mertensotto directed Administrator Batchelder to send a Page No. 17 September 17, 1996 letter to Mn/DOT to see if they will make any concessions, sending a copy of the communication to the city's legislators. Councilmember Smith stated that Council will ultimately have to deal with the city's legislators. VARIANCE POLICY Council acknowledged a memo from Administrative Intern Hollister regarding a Planning Commission recommendation that Council consider amending the Zoning Ordinance to allow Council to grant variances at its discretion with certain conditions. Mayor Mertensotto stated that he has a problem with the recommendation, stating that there might be a question of legality, and that there must be some standards by which City applies the ordinance, and if the recommendation were adopted Council would be passing its authority to the neighbors of an applicant if consent was the basis for approval. He felt that the recommended action is totally inappropriate and should not be considered - Council would be delegating its responsibility without setting standards. Councilmember Krebsbach pointed out that accepting the approval of the neighbors assumes they are fully and correctly informed and also would put too much pressure on them. Councilmember Smith stated that the intent of the recommendation is to allow latitude but not give up control. , Councilmember Huber stated that what is proposed would eliminate any basis for denying a variance application. CASE NO. 95 -14, CRUZ Council acknowledged a memo from Public Works Director Danielson regarding the Cruz variance case. Discussion was tabled to a future agenda. WORKSHOP Council acknowledged a memo form Public Works Director Danielson regarding establishing a date for a workshop to consider future use of the Freeway Road right -of -way. Staff was directed to forward the Barr Engineering report to Council and bring the matter back on a future agenda. MEETING DELAY Councilmember Smith moved to reschedule the November 5 Council meeting to convene at 8:00 p.m. so as not to conflict with the hours of election. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Page No. 18 September 17, 1996 TRUTH IN TAXATION Council acknowledged a memo from Treasurer Shaughnessy MEETING informing Council that the Truth In Taxation hearing must be conducted on December 4 and recommending that the December 3 meeting be rescheduled to December 4 so that both the regular meeting and hearing can be held on the same day. It was the consensus of Council to conduct the meeting on the regularly scheduled date. MINUTE AMENDMENT Councilmember Krebsbach moved to amend page 10 of the minutes of the September 3, 1996 Council meeting. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Smith stated that she would like additional information regarding the recommendation to expand the Recreation Programmer position to full time and asked that Council be provided with a proposal which would outline exactly what expansion of the position would do for the city. She explained that she would like to know the types of programs that would be added and what other programs are available to city residents. Mayor Mertensotto felt that further discussion is needed, stating that he has heard from people in the MHAA that if the city is going to have a full time person, the city should take over the scheduling of MHAA. programs. He asked staff to research what other cities are doing with their proposed levies. Councilmember Smith asked staff to define the parameters of what the position would entail and what expansion of the position would do for the city. Councilmember Huber stated that he does not think the Recreation Programmer would take on scheduling for MHAA and pointed out that the city is not trying to take over MHAA programs. Administrator Batchelder informed Council that there has never been a recommendation that the Recreation Programmer duties include scheduling for MHAA nor that the city get involved in MHAA business. He further stated that the city does not wish to duplicate any of the MHAA programs. Council directed staff to prepare a report indicating how expansion of the position would use existing resources within the city, giving Page No. 19 September 17, 1996 the numbers and categories of residents who would be served by position expansion and cost versus benefit information. ADJOURN There being no further business to come before the Council, Councilmember Krebsbach moved that the meeting be adjourned to closed session for labor negotiation discussion. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:03 o'clock A.M. ATTEST: mm� Charles E. Mertensotto Mayor Kathleen M. Swanson, City Clerk