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1996-08-06 Council minutesPage No. 1 August 6, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 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, 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. INTRODUCTIONS Police Sergeant Dorrance Wicks introduced new Police Officers Michael Thompson and Robert Lambert to Council. He informed Council that the third new officer, John Larrive; was ill and could not be present but would attend a future meeting. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting, further revised to move item 8h, SuperAmerica signs, to the first item of old business. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held July 2, 1996 as amended. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move item f, SuperAmerica T.H. 55 Development Agreement, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the July 23, 1996 Planning Commission meeting. b. Acknowledgment of the unapproved minutes of the June 5, 1996 NDC -4 meeting and the minutes of the July 10 NDC -4 Executive Committee meeting along with the agenda for the July 24 full commission meeting. Page No. 2 August 6, 1996 c. Acknowledgment of the Code Enforcement monthly report for July. d. Acknowledgment of a memo from Parks Project Manager Kullander regarding the status of the Ivy Falls Park landscape improvement project and acknowledging volunteer assistance from Eagle Scout candidate Christopher Beckman and fifteen boy scouts. e. Acknowledgment of a memo from Public Works Director Danielson regarding the need to fill the Civil Engineer I position and authorization for staff to begin the recruitment process to fill the vacant position. f. Authorization for the issuance of a two-day 3.2 On-Sale Malt Beverage license to St. Peter's Church for September 7 and 8, 1996 in conjunction with its annual Father Galtier Days, along with waiver of the license fee. g. Council acknowledged a memo from Administrator Batchelder regarding consideration of Dakota Council HRA policy on Hollman v. Cisneros, and agreed that the HRA concerns are valid but took no action to support the position at this time. h. Approval of the list of contractor licenses dated August 6, 1996 and attached hereto. i. Approval of the List of Claims dated August 6, 1996 and totaling $558,798.10. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 SUPER AMERICA Council acknowledged a memo from Public Works Director AGREEMENT Danielson regarding the proposed developer's agreement for the T.H. 55 SuperAmerica. Mr. Mike Cronin was present on behalf of SuperAmerica. Mayor Mertensotto stated that the Developer's Agreement requires that the aluminum panels on the front of the structure be replaced by brick and that has not been done. Mr. Cronin responded that SuperAmerica will put a brick panel in front of the aluminum, on the outside, after construction is done. Page No. 3 August 6, 1996 Councilmember Smith moved approval of the Developer's Agreement for the T.H. 55 SuperAmerica, along with authorization for execution of the agreement by the Mayor and City Clerk. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 SUPER AMERICA SIGNS Council acknowledged a memo from Public Works Director Danielson regarding review of proposed designs for free - standing signs at the SuperAmerica facilities on T.H. 55 and T.H. 110 at Lexington. Mayor Mertensotto informed Mr. Cronin that Council would prefer the same sign design for both stores and a 19 foot overall height. Mr. Cronin responded that the same design and the nineteen foot total height is what is proposed for T.H. 110 but SA proposes a 25 foot sign for T.H. 55. Councilmember Krebsbach stated that she describes a monument sign as being closer to the ground. Public Works Director Danielson stated that the ordinance allows for 25 foot tall signs, so the height of the T.H. 55 sign was never been an issue. He further stated that the T.H. 55 sign was always indicated to be 25 feet tall. Mr. Cronin stated that he would like to propose that the sign be allowed at 25 feet and SA will reduce the height as much as possible while still maintaining the visibility that is needed because of the curve of the road. He further stated that SA's problem is that its representatives understood that 25 feet is allowed and did not realize that the height would be an issue since the site is in an open area. Mayor Mertensotto stated that Council would like the same design on both signs and would like a 12 foot sign at T.H. 110. Mr. Cronin responded that the face of the sign is 12 feet, and SA would like four feet of open space below the face, which would result in 12 foot pillars and an overall 16 foot height. (Sign design #4521.) Mayor Mertensotto stated that 25 foot brick pillars for the T.H. 55 sign is a lot of brick. Page No. 4 August 6, 1996 Mr. Cronin responded that it is a very open sign and it is far away from the entrance to the site, which is why the open design is recommended. Councilmember Smith stated that the sign appears to be very wide and asked Mr. Cronin to make the columns slimmer on the top. Mr. Cronin responded that he will look into slimming the pillars. He stated that SA plans to open the store soon and the sign must be fabricated and installed in the near future. Councilmember Krebsbach suggested approving the sign at 16 feet in heights. Mr. Cronin responded that SA needs the sign to be read from Mendota Heights and needs the 25 foot height because of the landscaping, although the columns can be slenderized if Council desires. Mayor Mertensotto suggested using sign design # 4516 on a free standing pole as a better option for the T /H. 55 site. Responding to a question from Mayor Mertensotto, Mr. Cronin stated that SA will not place any hitchhikers (additional signs) on the pole. Councilmember Koch stated that she prefers the monument type sign discussed earlier, slenderized as suggested by Councilmember Smith, but that she will support the pylon sign for T.H. 55 if it has Council consensus because that is what SA seems to prefer. Councilmember Koch moved to approve a pylon design sign at the T.H. 55 location, with a maximum overall height of 25 feet, with the condition that the bottom of the pole not be used for additional signage, and to approve sign design 4521, Curley Brick Column design, with an overall height of 16 feet and four feet of open area at the bottom of the sign face, for the T.H. 110 location. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Mr. Cronin introduced Mr. Joe Davich, manager of the T.H. 55 facility. \ ) PARK CELEBRATION Recreation Programmer was present to announce the Fifth Annual Celebrate Mendota Heights Parks! event to be held on Saturday, Page No. 5 August 6, 1996 August 24 at Mendakota Park. He informed the audience about the broad range of activities which will occur and acknowledged the members of the steering committee. CASE NO. 96 -18, NSP Council acknowledged memos from Public Works Director Danielson and Administrative Intern Hollister regarding continued discussion on an application from NSP for conditional use permit and variance. Council also acknowledged a report and noise measurements from acoustical consultant William Kroll. Mayor Mertensotto informed the audience that at the last discussion, Council had directed the city's acoustical expert to meet with the NSP representatives to see what could be done reasonably and feasibly to reduce the persistent humming noise that is generated by the substation. He introduced the acoustical expert, Mr. William Kroll, and asked that he give Council his findings and recommendation. Mr. Kroll stated that since the last meeting, he has had a chance to learn more about the overall project. He informed Council that, as he mentioned in his first appearance before Council, he had worries about the capacitor banks adding. He stated that he believes that at first the city was told by NSP's representatives that there would not be added noise, but he and the NSP staff visited the Parkers Lake Substation off of I -494 and had the capacitor banks shut on and off, and it indeed measured an increase in noise levels from capacitor banks being in use. He felt that one fix would be to replace the structural elements which are now flat, with a grout filled aluminum pipes. Mayor Mertensotto asked if putting the capacitor banks on grout filled aluminum pipes to absorb the vibration will cut down the noise. Mr. Kroll responded that noise would be reduced, as it would shift the frequency of vibration to the point where it would not be heard by humans, although there would still be a component of sound radiated from the capacitor cans moving albeit microscopic. Mayor Mertensotto asked if the units themselves will also be vibrating. Mr. Kroll responded that they will, as there are smaller parts, like the cabinets, that are radiating sound like crazy, but damping will easily take care of the problem. Page No. 6 August 6, 1996 Mayor Mertensotto stated that Mr. Kroll has made some noise measurements at the substation and is also recommending certain things that can be done to additionally dampen down the noise generated by the facilities. He asked Mr. Kroll to review his recommendations. Mr. Kroll stated that NSP should go ahead and add to the existing berm. He stated that it will not have a significant impact but will help to reduce some of the noise. He also suggested that trees be planted and the fence be extended, as NSP has recommended. He stated that those three factors are part psychological and part actual noise reduction but they would definitely help. Beyond those measures, he recommended that the big transformers themselves have some partial noise barriers, noise shields, installed near them, at least on a couple of the corners so as to actually cut down the noise being radiated up the hill to the north and the northwest. Mayor Mertensotto stated that according to Mr. Kroll's report there is also a fiberglass shield on the top of the barbed wire fence. Mr. Kroll responded that the shield is not on the barbed wire fencing but where the sheet piling will be. He explained that he is asking that a band run along the top edge of the sheet metal piling and even around the corner. Mr. Kroll stated that he is recommending that there be an eight foot band on the top part of the sheet piling. Mayor Mertensotto stated that he understands from staff that Mr. Kroll also made some kind of recommendation as to the corner - that partial walls be constructed around each corner of the transformers remaining there. He pointed out that Mr. Kroll's your report sites about four different materials in there. He asked Mr. Kroll to discuss the proposal. Mr. Kroll stated that he and his assistant, along with a totally cooperative NSP staff walked around both substations, particularly both transformers, at Parkers Lake and Mendota Heights and measured noise and indeed there are hot spots - for example the corners are radiating at about 9 decibels more. He stated that his recommendation is that partial housing walls be installed, leaving small gaps so people can get in to work and never hinder air flow, to reduce the sound by about 7 decibels there. The construction would be nothing exotic, it would be a perforated metal faced fiberglass, inexpensive and commercially available, over 2 inch studding or channel, and that over a zinc plated sheet metal resonant, just tin but Page No. 7 August 6, 1996 so supported in size to suck up the buzzing and humming and therefore kill some of the noise, and outside of that have a 12 millimeter thick cement board. He explained that cement board is very good, and a very durable frost, rain and ice and snow product. Mayor Mertensotto stated that he recalls that when Mr. Kroll previously appeared before Council he said that this humming type of sound is really creating complaints from the residents because they are saying it is continuous and it is not the type of noise that would be governed by the PCA standards as far as noise is concerned. Mr. Kroll responded that he cannot help what the MPCA writes into its rules or who wrote the rules for them, but the MPCA wanted it for only "A" decibels which is the one rule commonly used to measure noise but noise from within factories, employee noise exposure, or noise in property lines say from fans or traffic or thing like that. He stated that the humming and buzzing noise from the substation, if a good noise ordinance were in effect, would penalize that noise by 10 decibels. He explained that a good noise ordinance says that any discrete tone that is salient with respect to a nearby frequency should be penalized by 10 decibels because people do not mind a steady overall background noise but a certain pitch or tone is more offensive to the human ear. Mayor Mertensotto stated that one of the complaints Council heard when area residents were present was the noise to the north rather than the south. Mr. Kroll stated that the lay of the land, actually the way it=s plotted out but also typography, the grading, the slope rises and climbs, the swale and all this is very complicated. He stated that the noise actually plays tricks on people there -in some locations the noise is high and 20 steps in another direction, and it is lower, but the noise does tend to increase to the north. Mayor Mertensotto asked if noise will still radiate up the wall if the sheet piling is installed. He asked what impact the eight feet of fiberglass on top of the sheet pile wall will have. Mr. Kroll responded that it will minimize the matter of the lower frequencies catching and then rolling over the sharp edge of the sheet piling. He stated that the fiberglass will have to extend just slightly over the sheet piling so that the noise sees a sound absorbent Page No. 8 August 6, 1996 edge and is confused. He explained that the principle is very complicated, and has to do with Frenells laws of diffraction of rays. Mayor Mertensotto asked for a response from NSP. Mr. Cline stated that two important items to remember in all of this is the urgency of the project, the construction, timelines vs. the need for reliability, and also the added property tax benefit to the city with no additional city services needed. Mr. Silberman, stated that he would like to reiterate, before getting into the technical details, the urgency of the project. He explained that capacitor banks are required to stabilized the voltage, not only for Mendota Heights but for the entire region in east St. Paul. He informed Council that many communities other than Mendota Heights are also dependent on the substation for a reliable source of electricity and stated that he wants to make sure that Council understands that and that the time line is to get the improvements into service before the high temperature in the summer next year. He explained that there is a very compressed schedule now based on the permitting process. He stated that another thing that NSP has brought up before is that a lot has been at this facility already. He pointed out that in 1982 NSP put the wall in on the south side in response to the developing residential area because the owner had 29 or 30 lots that he could not market because of the substation. He stated that in 1991 NSP was asked to do something with landscaping on the west side as the Mendakota Courts development was being constructed, and NSP did some landscaping along the west along the path. He explained that the current is another $65,000 that NSP proposes to spend. He stated that one of the points he would like to make is that, NSP has been perceived to have deep pockets and lots of money to spend on the project, and the facts are simply that NSP has to make priority decisions. He stated that he has a budget that he has to live within and choices that can be made and must make those choices under budget constraints just like everybody else. He stated that he would like to review NSP's proposal and Mr. Knoll's proposal, where there is agreement and where there is disagreement, to see if some common ground can be found. Mayor Mertensotto stated that before Mr. Silberman makes his presentation, he would like to point out that with respect to budget choices it has been represented to Council many times that NSP is proposing a $4,000,000.00 improvement. He pointed out that the improvement is not only for Mendota Heights but, as Mr. Silberman just stated, is for the entire ease metro district, so this is not a facility that just serves the taxpayers of Mendota Heights but is an NSP Page No. 9 August 6, 1996 facility that happens to be located within this city. He stated that NSP could not deny that wherever that facility would be located NSP would be paying taxes because it is relying on fire protection and police protection for that facility. He pointed out that the substation has been in existence for over seventy years and could likely be there in its present condition for another fifty years. He stated that Mr. Silberman has mentioned that he does not want to spend $200,000 for sound proofing, and asked what percentage of the overall project cost is being spent to make life better for those who life near the substation. He stated that this is a capitol improvement that will all be passed on to the customers through NSP's rate structure and that he cannot believe NSP could not spend an additional $200,000. Mr. Silberman reviewed graphics on the decibel level of various sounds including conversational speech, etc. He stated that the proposal is to remove a 115 kV transformer and add a control building to house protective equipment and three capacitor banks, a circuit breaker, etc., and install a sheet pile retaining wall with a channel type cap. He explained that the transmission line will be rerouted, and the square footage of the fenced area is about 300 by 350 feet, or just under 2 acres. He reviewed the landscape plan which was developed after discussions with the Planning and Parks Commission. He stated that the plan includes extending the berm further to the east and raising it slightly. He stated that he has also addressed several areas along the perimeter and substantial plantings on the park side of the facility, and has also proposed to extend the wood wall that runs along the west another sixty feet to reduce the impact to the Freedman home to the west. Mayor Mertensotto asked what is being done for the people to the south on Swan Court. Mr. Silberman responded that no additional planting has been proposed, as many plantings have been installed along the south side in the past and he expects the proposed project to reduce sound to the south. Regarding Mr. Kroll's recommendations, Mr. Silberman stated that Mr. Kroll has pointed out that there are positive benefits with the NSP plan. He stated that he feels there will be a four to five dB reduction in noise and Mr. Kroll feels it will be less. He stated that Mr. Kroll's proposal includes all of what NSP has proposed plus sound absorbing partial walls at the two remaining transformers. It also includes sound absorbent treatment at the top of the sheet pile wall , and that Mr. Kroll feels that the wall should be two feet higher than the transformer. He stated that Mr. Kroll proposes that the four corners come closer together, but that the space is needed to get Page No. 10 August 6, 1996 equipment in and out and NSP would have to work through the details but should be able to come to a compromise. Mr. Kroll stated that he has measured the hot spots and the corners should come in closer so as not to hinder air flow but also allow people to get in for service. He stated that the concept of the design proposed by Mr. Silberman is correct but there is strong radiation of sound closer to the banks. Mr. Silberman explained that the drawing he has shown is not the design detail and one of the things he has done with the plan is to make an estimate of what it would cost. He stated that his civil engineer has estimated a $16,000 cost for Mr. Kroll's recommendations without the acoustical panels. He further stated that the engineer estimated that the panels, ten feet in each direction and fourteen feet high, would cost about $20 to $25 per square foot. He stated that it would cost about $165,000 to install all of the eight walls. Mayor Mertensotto stated that if the cost were amortized over the useful life of the panels the cost is not bad for the amount of relief it would give the residents. Mr. Silberman stated that another part of the Kroll plan was treatment of the retaining wall with an eight foot tall band, which he estimated would cost about $15 per foot. He further stated that one of the problems he has with the proposal is that he calculates the sound that will come off the wall and taking the worst possible situation, the sound would be l Oths of decibels higher. He noted that he has already established that 3 dB is barely perceptible and the noise reduction resulting from the band would only be in l Oths. He stated that there is no one living to the northeast who has complained and he did not believe NSP is creating a situation that will be worse in any area. He stated that the corner walls are more effective and he would spend the money on them. He did not have a cost estimate put suggested that they would cost about $10,000. Mayor Mertensotto stated that what Council must do is yield to Mr. Kroll's expertise. Regarding the capacitor banks, Mr. Silberman stated that he is embarrassed because he said they would not make any sound but that he was wrong. He stated that at the Parkers Lake substation he could definitely hear a buzz from the capacitors, but that he was told that one of the cabinets was rattling. He stated that Mr. Kroll measured a 5 dB sound away from the capacitor bank and a lower Page No. 11 August 6, 1996 reading closer to it, but in any case the sound is only 5 dB, and a whisper is at 20 dB. Mayor Mertensotto responded that those are just relative sounds and that Council is trying to address a discreet sound and a constant hum. Mr. Kroll stated that everything Mr. Silberman has stated is correct but he sites from a different reference point. He stated that Mr. Silberman is speaking about "A" decibels when he talks about human speech, but a 120 hertz buzz is not part of the speech component. He informed Council that he thinks Mr. Silberman's estimates are possibly close but NSP should get estimates from the professionals who deal with the materials. Councihnember Smith stated that Mr. Kroll and Mr. Silberman re talking about incremental parts that make the noise from a substation, but what Council is interested in knowing is whether there will be a straight line reduction in the noise people hear on a constant basis. She asked Mr. Silberman if, when he talks about dB, if it is exponential. Mr. Silberman responded that it is exponential and logarithmic at the same time. He explained that "A" weighting is not a description of sound but a representation of how the human ear hears a sound. Mayor Mertensotto asked what NSP is willing to do. Mr. Silberman stated that he was asked yesterday if NSP can do something with the capacitor bank sound. He stated that he contacted GE and they are aware that capacitor banks make sound at a 60 hertz hum. He stated that the sound is very pure in tone, and that GE indicated that it has never addressed the sound and does not believe there is anything that can be done and it has never been raised as an issue to them before. Mr. Kroll stated that one thing that has not been discussed is that a spectrum analysis of the noise from the capacitor bank is needed. He stated that there is a higher harmonic, 5 dB higher, in the "A" level measures form the capacitor banks and the issue has never been addressed. He stated that if the noise were to generate complaints it would be appropriate for NSP to install sound reduction. He further stated that there is a significant peak of 58 decibels, and the walls being that high, the readings on the "A" scale would increase to the residences. He stated that the narrow channel to the northwest would not be covered by a berm or wall. Page No. 12 August 6, 1996 Mayor Mertensotto stated that NSP must tell Council what it is willing to do. Mr. Silberman responded that NSP believes that there are parts of the Kroll recommendation that have merit and parts that have lower value and NSP would not be in favor of spending money on those items. He stated that NSP would consider any kind of trade -offs between the landscaping and berm and walls that NSP has already proposed versus what Mr. Kroll has proposed with the covenant that NSP is not guaranteeing the workability. He further stated that NSP has provided a plan for remediation should there e a problem, and if the Kroll proposals were to be incorporated into the plan NSP would not guarantee them. He informed Council that NSP has consulted with an acoustical engineer and has decided that some type of wall plan is most cost effective and a wall at the perimeter is most workable. He explained that he has not had sufficient time to pursue what GE can do. Councilmember Krebsbach stated that if NSP is not prepared to suggest what it will do, Council should suggest what it wants them to do. Mr. Silberman responded that NSP does not have the budget available to implement all of the NSP proposals plus what Mr. Kroll has recommended, and walls near the transformers would be the most effective solution in his opinion. Councilmember Huber stated that there was a point in the discussion that Mr. Silberman was suggesting that there was a cost element of $10,000 that was only giving attenuation of tenths of a decibel. He asked Mr. Kroll to address the comment. Mr. Kroll responded that he could do the calculations, but he is convinced that the reduction would be more than a tenth. Councilmember Smith asked if it would be possible, after cost estimates are known, to determine which of the recommendations would be the most cost effective. Mr. Kroll responded that he could make a determination. Mayor Mertensotto stated that the Planning Commission dealt with aesthetics and he does not think Council should consider any trade- offs on landscaping that were worked out with the Commission. He further stated that he thinks Council should incorporate Mr. Kroll's suggestions into approval conditions, and that Council could give Page No. 13 August 6, 1996 NSP the parameters under which it would receive approval. He stated that if NSP does not choose to abide by the conditions, they could not proceed. Mr. Harold Bagley, NSP's legal counsel, stated that everyone must focus on what NSP is proposing to do. He stated that the application is for a permit to add capacitors and do excavation at an existing substation. He stated that the improvements that NSP is proposing to do will increase tax revenues to the city by $17,000 per year, and Council wants NSP to put walls around a substation that conforms and would increase the cost by $265,000. He further stated that NSP cannot increase its rates because it is regulated by the Public Utilities Commission. He informed Council that there is a substation along I- 494 which is louder than the Mendota Heights substation and Council wants NSP to add walls because Council considers noise to be a nuisance yet people have constructed homes on lots all around the substation. Mr. Bagley stated that NSP worked with the Planning Commission and met their desires on the project. He stated that he has not heard any complaints from the residents about a horrible hum from the substation and that NSP complies with all of the existing Zoning Ordinance requirements and is willing to spend $65,000 to make the $4.5 million project even better. He stated that the Mayor is saying that what NSP proposes is not good enough and NSP should do more to make the substation the ultimate, but if Council puts conditions on the capacitor banks and stops talking about the noise that is being produced by the existing transformers that would make sense. He stated that to say that NSP should meet conditions over and above what the ordinance requires will be placing conditions on NSP that the city does not put on other property owners and that would be discriminatory. Mayor Mertensotto responded that NSP is the only utility and Council is not discriminating against NSP. He stated that Mr. Bagley is saying that the city adopted the PCA standards and should live with them, but Council knows there is an existing problem and the noise standards do not apply to the problem because there is a discrete humming sound emanating from the substation. He stated that if other communities do nothing about it, that is their problem, but Mendota Heights tries to make things better for its residents. He informed Mr. Bagley that the reason he is talking about $200,000 for improvements to reduce the noise versus a $4.5 million project is that NSP will effectively charge that cost into the overall budget and the next rate case. He pointed out that two transformers are still being retained and capacitors are being added, and NSP is asking for a mining permit to make more room for the substation and will put up a 30 foot steel wall. He stated that if NSP wants to do the Page No. 14 August 6, 1996 minimum, that is fine but the station has been in existence for 70 years and as a good corporate citizen NSP should amortize sound proofing costs to make things more livable for the residents over the years. Mr. Bagley responded that NSP is not the only land owner in town and is asking for the same standards as any other user of land in the community regarding noise. He stated that a road side stand with people selling vegetables generates 60 decibels and the noise NSP is talking about is an existing transformer. Mayor Mertensotto responded that if this is NSP's position it should do no improvement and Council could do nothing about the noise. Mr. Bagley stated that NSP is not an ordinary business but rather a service corporation and it has a duty and need to provide electric service. He further stated that in order to do that NSP is given the power of eminent domain and a community's zoning ordinance does not have the force of eminent domain. He stated that if the project increases noise, NSP will come back and remedy the problem and would put absorbents on top of the wall but NSP does not think it is reasonable to spend money now without knowing it will be of benefit. Mayor Mertensotto responded that Council could deny the application or it can grant a mining permit, conditional use permit subject to the conditions that the Planning Commission has recommended plus Mr. Kroll's recommendations because there are things that NSP can do to mitigate the noise. He stated that Mr. Kroll definitely measured sound spikes coming off the corners and that can be deadened. He asked Mr. Bagley what alternatives NSP is offering. Mr. Bagley stated that NSP will not do anything with the existing transformers. He further stated that NSP is asking that Council impose reasonable conditions but Mr. Kroll is saying that corners should be built to reduce noise. He stated that as soon as Council imposes the conditions recommended by Mr. Kroll it is placing standards on NSP that exceed others. Mayor Mertensotto informed Mr. Bagley that Council would then impose a moratorium and begin proceedings to amend the noise ordinance to address discrete. He pointed out that Mr. Bagley is taking the position that NSP will not do anything. He asked Mr. Bagley if NSP wants to work with the conditions recommended by Mr. Kroll. Page No. 15 August 6, 1996 Mr. Bagley responded that he would like to hear Council's conditions and come back and respond to them. He further stated that he has to go back to NSP's officials and managers for a decision and must tell them that they have to spend money to do something that will do nothing or go to court. Mayor Mertensotto responded that what Mr. Bagley is saying is that the city should expect nothing. He stated that if NSP was proposing to do nothing but remove a transformer with no mining or other work Mr. Bagley would be correct, but NSP is proposing to improve an existing substation and is not willing to spend a small percentage of the project cost to give relief to the residents. He informed Mr. Bagley that the recommendation before Council is for NSP to do the landscaping as agreed to through the Planning Commission process and that Council adopt the recommendations made by Mr. Kroll. He stated that Mr. Bagley can take that back to the officers if he wishes and Council will continue the matter to a future meeting. Mr. Bagley asked for the opportunity to consult with the NSP representatives who were present. CASE NO. 96 -20, EDINGER Council acknowledged an application from Ms. Kris Edinger for a five foot rear yard setback variance to allow construction of a three - season porch at 705 Ocala Lane. Council also acknowledged associated staff reports. Ms. Edinger was present for the discussion. Ms. Edinger reviewed her request and informed Council that if the variance is granted, she will still have a 25 foot back yard after the porch is constructed. Councilmember Krebsbach moved adoption of Resolution No. 96- 48, "A RESOLUTION APPROVING A VARIANCE FOR 706 OCALA LANE." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 96 -19, ISD 197 Council acknowledged an application from Independent School District 197 for a conditional use permit to install a portable building for temporary classroom/office unit at the Mendota School from August 15, 1996 to June 15, 1997. Council also acknowledged associated staff reports. Assistant Superintendent Lois Rockney was present for the discussion. Page No. 16 August 6, 1996 Mayor Mertensotto stated that Planning Commission has recommended that the permit be granted for a temporary structure, in addition to the existing structures, until July 1, 1997. He stated that Fire Marshal Kaiser has reviewed the plans and has no problem except that he recommended a condition that the structure be inter- locked with the school's fire alarm system. Mr. Rockney informed Council that she anticipates that the existing temporary buildings will remain in use until the conditional use permits for them expire in 1999, but the proposed unit will be removed in July of 1997. She explained that the unit is being leased and that it will be interlocked with the alarm system. Councilmember Smith stated that she is concerned about using the existing temporary class rooms for uses different from the approved use. She pointed out that it has been anticipated that when the middle school is completed there will be sufficient space in all of the district's facilities. Mayor Mertensotto stated that he does not want to intertwine the issues - that the proposed unit will be office space for itinerant staff as well as for testing for students. Councilmember Smith asked Ms. Rockney if she is saying that after the middle school is done in 1997, the portable structures will not be used for classrooms but will be used for something else. Mrs. Rockney responded that the district has used the portable structures for extended day and other programs within the school in the past when they were not being used for classes. Councilmember Smith stated that she wants to be sure that when the conditional use permits expire for the existing units in 1999, that the school district will not request extension of the permits. Ms. Rockney responded that the school district has no intention of coming back for an extension of the existing permits. She stated that Council has indicated that it would not wish to receive an extension request. Councilmember Krebsbach moved adoption of Resolution No. 96- 49, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MENDOTA ELEMENTARY SCHOOL." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Page No. 17 August 6, 1996 NSP NSP Attorney Bagley stated that most of the time spent with the Planning Commission was on the noise issue, and the berms were for noise. He further stated that NSP has come to ask Council to approve the commission's recommendations and Mr. Kroll has recommended that NSP do three more things. He stated that to get the project under way, NSP will sound proof the wall and work with the manufacturer to come up with something to reduce the noise but is not willing to put up walls around the existing transformers. He explained that it is primarily the cost factor involved, and if the city were willing to use the tax revenues from the facility to extend the walls, NSP would do it. Mayor Mertensotto asked what NSP would respond to a suggestion that the city participate to the extent of 50% of the cost, but only to the extent of the added tax revenue. Mr. Bagley responded that if the city makes up the difference, NSP would not have the concern over the PUC. He explained that the utility must show the PUC that the costs it spends are standard expenses or the PUC will say that the share holders must bear the cost. Mayor Mertensotto stated that it may be possible for the city to contribute half of the cost, and it is anticipated that the improvement will add $17,000 in annual tax revenue, using the maximum tax increase for the next six years to give an annual rebate to NSP. Mr. Bagley stated that the walls are around the existing transformer and do not have to be part of the project. He further stated that if the city would be willing to give NSP a tax incentive, NSP would be willing to install the walls after the project is completed. Councilmembers Huber and Krebsbach felt that half of the cost is a lot of city financial participation. Counci]member Smith pointed out that only the increment of tax increase would be used, but that she is not willing to make any commitment now because Council does not know the cost or the benefit. Mr. Bagley stated that if Council is willing to return the $17,000 to NSP for the next six years after the project is built, NSP will make the improvements suggested by Mr. Kroll as far as the existing transformers. Page No. 18 August 6, 1996 Councilmember Smith stated that Council would be willing to participate up to $17,000 on a shared basis, further stating that what will be done will depend on an analysis and more definite estimate. Treasurer Shaughnessy stated that the property is not in the Tax Increment District and the city would have to determine what the tax increase is each year, since the city has no idea what the increase will be based on value. He explained that berming will not add to the tax value of the property. Mr. Bagley responded that NSP is taxed on the cost of the project, which goes to the state and the state approves the assessment based on NSP costs. He stated that the city share of the tax for the existing substation is $11,000 per year and looking at a $4.5 million investment, the city share of the total tax will be about $7,000. Councilmember Huber stated that he does not know that an investment in a particular site could be pro rated to the individual site, and that operating property is taxed at a lower rate than non- operating property. Mayor Mertensotto stated that NSP pays a lump sum tax to Dakota j County ad the city would have to have someone independently certify the amount that the city receives. He pointed out that the city would not receive any increase until 1998 and would only apply the increment in 1998 and only to the extent of the increase. Councilmember Huber stated that he is not prepared to make a decision and would need to know a lot more before he would leave NSP with the impression that the city will commit the tax revenue. Councilmember Krebsbach stated that she would e interested in cost sharing on the partial enclosures of the transformers but that NSP has agreed to the other two recommendations. Mayor Mertensotto asked if measurements can be taken at the capacitor banks now and again after the project is completed. He suggested that discussion be continued for two weeks so that the potential capacitor noise can be addressed. He pointed out that NSP has agreed to two of the three recommendations and that the shared cost only applies to the wall at the corner of the transformers. Mr. Silberman responded that NSP has committed to the wall on the west, the berm and the trees that are shown on the plan and has committed to do some sort of strip of sound proofing on the steel sheeting and in addition, NSP will work with GE and Mr. Kroll to Page No. 19 August 6, 1996 come up with something for the framing of the capacitor bank, such as grout filled pipes or something that will be better. Mr. Silberman stated that if Council can come up with a cost sharing arrangement, NSP will be willing to put up some of the partial walls around the transformers as a compromise. Mr. Bagley stated that this is the last of the money that NSP will be putting into the substation, and if there are some other noises that have not been addressed at this point, they will not a addressed. Mr. Kroll responded that he has not made any recommendation to the radiating noise of the capacitors at this time. Councilmember Smith suggested that NSP come back with a proposal with the additional information on tax increase and the benefit of each of the recommendations. Mayor Mertensotto asked what is talking about as an estimate of additional costs for continued study. Mr. Kroll responded that the continued work that he is proposing to do would be about $5,000. Mayor Mertensotto stated that the city could not afford to spend the additional $5,000. He stated that NSP is not contributing to the consultant costs and it is an unbudgeted expense. He pointed out that Council is not asking for design. Councilmember Smith stated that Mr. Kroll has stated that he had not had the opportunity to run the numbers for the benefit for the proposals. She stated that what Council needs is information on whether there is enough benefit related to the costs to proceed. Mr. Kroll responded that such a report would cost about $1,000, but pointed out that NSP is not proficient at designing walls. It was the consensus to direct Mr. Kroll to determine the benefits of the recommendations and report on August 20. CASE NO. 96 -21, NATIONAL Council acknowledged an application from National Rod Ends for a ROD END 40 foot sign setback variance to allow installation of a monument sign along Waters Drive. Council also acknowledged reports from city staff and the city planner and a letter from the project architect, Ted MacLeod. Page No. 20 August 6, 1996 Mr. MacLeod, who was present for the discussion, stated that he is asking for a variance to place the sign at the edge of the property, 42 feet from the curb of the bituminous frontage road because of the unusually wide right -of -way. He explained that National Rod Ends would like to bring the sign closer to the road than the ordinance allows. He stated that National Rod Ends does not want to lower the hill which runs along Waters Drive because it screens the parking lot, and there is a huge pile of sand on the site now that will be taken down. Responding to a question from Councilmember Krebsbach, he stated that the sign was to originally be placed on the building but the Tuthill Corporation has a corporate standard for the sign which is being proposed. He explained that the objection of some of the Planning Commission members was that as the ordinance is written they did not believe that the topography should be considered a hardship. Mayor Mertensotto stated that the city planner has indicated that there may be a compromise to grant a variance for 30 or 20 feet an allow the sign to be setback 10 or 20 feet from the property line and the sign would still be visible from Highway 55. Mr. MacLeod responded that a 20 foot variance would not work because the sign is an integral part of and works with the entry to the building. He stated that other options would be to lower the hill or have a significantly higher sign. Councilmember Smith stated that the topography is at 853 or 854 and goes up to 8962 at the highest point, but that is only a small area. Mr. MacLeod responded that Waters Drive is at 854 and the top of the hill is 860. Councilmember Smith suggested adding a condition that the sign cannot be any more than the current width from the edge of the pavement, so that if Waters Drive ever changes, the sign must be moved back. Attorney Hart stated that the variance would be the lesser of "x" feet or "x" feet from the curb of Waters Drive, with the covenant to the extent that if the traveled portion of Waters Drive changes, the sign must be moved. Mr. MacLeod responded that if the condition is imposed, he understands that the variance would be for 38 feet but if the road Page No. 21 August 6, 1996 should move closer to the property, than the variance would shift with the road. Council directed staff to prepare the appropriate language to amend the proposed resolution. Councilmember Smith stated that this is a unique situation and it makes sense for the sign to be where it is proposed, but a reasonable distance from the road must be maintained should the road shift in the future. It was the consensus to approve a 38 foot variance to allow the sign to be placed in the proposed location, "x" feet from the traveled portion of the frontage road with the condition that should the frontage road be altered in the future, the distance of the sign from the traveled portion of the frontage must be maintained. Councilmember Huber moved adoption of Resolution No. 96 -50, "A RESOLUTION APPROVING A VARIANCE FOR NATIONAL ROD ENDS," conditioned that the sign will always remain a constant distance from the traveled portion of the roadway in the event the roadway moves. J Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ANTENNA REQUEST Council acknowledged a letter from Mr. Adrian Evarkiou, from CB Commercial, expressing interest in locating antennas for the U.S. West Wireless Communications PCS network on the city's water tower. Council also acknowledged a memo from Administrative Intern Hollister. Mr. Evarkiou was present for the discussion. Mayor Mertensotto informed Mr. Evarkiou that he should give Council a proposal so that Council has something to consider. He stated that Council does not want the water tower to look like a pin cushion, and needs to see the design that will be proposed and where the antennas are proposed to be placed. Administrator Batchelder stated that staff will give Mr. Evarkiou access to information on the antennas which are already on the tower. UNITED PROPERTIES Council acknowledged a letter from Mr. Dale Glowa, United Properties, requesting concept plan discussion on a proposed PUD Page No. 22 August 6, 1996 office /warehouse development, and associated memos from Intern Hollister and the city planner. Mr. Glowa, present for the discussion, stated that the proposed Mendota Technical Center would be located along Northland Drive and would consist of two 2 -story and four single story office /warehouse buildings on a site located about fifty to sixty feet above the freeway. He explained that United Properties proposes a series of buildings in a campus setting, like the Mendota Heights Business Center concept. He stated that a pond will be created and will be a part of the cities drainage system but will have landscaping and water features. The four single story buildings would be located vertical to the road, and it is anticipated that about 50% of each of the structures will have office finish and the balance of the space will be light storage. The multiple tenant development would have a total development space of 240,000 square feet. He explained that his biggest concern is truck screening, and so the buildings have been brought back from Northland and about 80 feet of green area has been provided towards the Solvay building so that berming and landscaping can be done to provide a natural screen. Mr. Glowa reviewed the Planning Commission's concern over too much parking and described the exterior detail of the structures. He informed Council that he does not anticipate that United Properties will break ground for the project until it has tenants, and that United Properties wants to accomplish pre - leasing for the structures. He stated that if Council is comfortable with the concept, he will begin marketing. He also discussed platting versus PUD. Mayor Mertensotto stated that with platting, the project would not have the same cohesion as it would as a PUD. He felt that the PUD concept is a better approach, and stated that his only concern is the 18 acres of undeveloped property to the west. Mr. Glowa responded that he has been working with the hotel on the concept that it must satisfy United Properties that the overall project will improve what already exists. He explained that the owners are proposing an addition to the existing Heritage Inn. Councihnember Krebsbach stated that the Solvay and ARRT buildings are stunning quality and she would hate to see the quality go down across the street from them. She felt that what is being proposed is a change in use. Mr. Glowa responded that he does not believe the quality will go down, and that the use is exactly the same as Solvay. He stated that United Properties designed the Solvay building to be general Page No. 23 August 6, 1996 purpose so that if Solvay ever moves, the building could be divided up for multiple tenants with trucks. Councilmember Krebsbach stated that perhaps the difference is the exterior treatment. She stated that the business park is outstanding, and felt that the proposed site is the best property on I -494 and the decision on what goes there is absolutely critical. Mr. Glowa stated that United Properties is offering an assortment of product that will insure that the product will move quickly. He stated that United Properties has waited a long time for big office tenants, and the site is still in an industrial park. He stated that the project could end up being all office and no docks or 50150 office /warehouse, and United Properties will react to the market place but is trying to keep a long term perspective. Councilmember Smith stated that her primary concern is to maintain the integrity of that area of the park. She stated that she is encouraged by Mr. Glowa's drawings of the concept but is not impressed with the design of the office warehouses. She felt that the lighter colors proposed do not look nearly as rich as the darker colors and that the structures look very office - warehouse. She stated that she prefers the darker finish, like Solvay, and also asked if it is possible to do a "u- shape" development with fewer buildings. Mr. Glowa responded that the site is not deep enough, and he cannot get parking in front, and also the "u- shape" design would end up with corner conditions that are not leaseable because they are so deep. He explained that the proposed buildings are generally rectangular shapes with articulation, and that he will consider darker materials. Mayor Mertensotto stated that Council wants to go with the PUD concept for this property. Councilmember Smith asked what kind of truck traffic Mr. Glowa anticipates for the property. Mr. Glowa responded that he anticipates very little truck traffic. He explained that the buildings are designed to be 110 feet deep with lower ceiling heights, so it is not conducive to truck traffic. He felt that there would perhaps be two trucks per week per tenant. Mr. Glowa complained about the length of time between applying for planning review and having Planning Commission review. He expressed his concern that two and one -half months between the Page No. 24 August 6, 1996 initial meeting with the city's planner and final application to Council is a very long time. Councilmember Smith stated that the Planning Commission indicated that perhaps not as much parking is necessary. She stated that there is a lot of parking in the middle, between proposed buildings D and E, and asked Mr. Glowa if more landscaping could be installed if some of that perking were removed. Mr. Glowa responded that there would be additional landscaping, including landscaped islands, etc. Councilmember Krebsbach stated that she wants to be sure that the two lots to the west get developed as office. Mr. Glowa responded that development depends on what the market demands, that United Properties is having a great deal of success leasing office space, but he question is how much can be done. CASE NO. 96 -22, PASTER Council acknowledged an application from Paster Enterprises for conditional use permit for land reclamation to allow excess dirt from the HRA project to be used to fill in low areas on the Mn/DOT right - of -way immediately east of the Mendota Plaza and to fill in a portion of the McDonald's sedimentation basin. Council also acknowledged a memo from Administrative Intern Hollister, memos from Engineer Marc Mogan regarding filling in the sedimentation basin, grading and storm water system review, a report from the city planner, and copies of the boundary and easement sketch, grading concept plan and hydrology analysis provided by Bolton & Menk Engineering on behalf of Paster Enterprises. Mr. Ed Paster, Mr. John Streeter, and consultant hydrologic engineer Bill Douglas were present for the discussion. Mr. Streeter explained that Paster Enterprises is asking for permission to change the contours of the land that to belongs to Mn/DOT immediately east of the shopping center and directly north of the HRA building. He explained that there is a short window of opportunity that will allow Paster to fill the area of development with fill that is coming off the HRA site, and that Paster is asking the city for a conditional use permit for mining. He stated that the conditions that allow this to happen have been satisfied by city staff in regard to the different county, state and federal agencies, and environmental and hydrologic studies have been made. He explained that the property was taken from the shopping center property in 1956 and Paster Enterprises would like to have it back for shopping center property. Page No. 25 August 6, 1996 Councilmember Krebsbach asked what Paster Enterprises plans to do with the property if it acquires the land from Mn/DOT. Mr. Streeter responded that Paster would like to level the property for future development, and that the specifications require the excavating contractor to strip the topsoil, do the excavation and then replace the topsoil. He stated that the property will be seeded if the city desires. He explained that the fill area is about 150 by 300 feet, and that there are some scrub trees which will need to be taken out, and that the area would very possibly be cleared up to the walking path. He further stated that the swale on the property will be filled. Mayor Mertensotto asked if the water from the parking lot comes into the proposed fill area. Mr. Streeter responded that it does not, because the storm sewer system which was recently installed catches the water in the back of the center and the water from the parking lot and dumps it into weirs. Councilmember Smith asked how steep the drop off will be from the top to the bottom. Mr. Streeter responded that it will be about 20 feet over a sixty foot area, for a 3:1 slope. He informed Council that silt fencing will be installed to control erosion. She stated that there is a second part to the request, which is for the city to approve Mn/DOT turn back of the property. She asked why Paster Enterprises is asking for the lot which was not originally shopping center property. Mr. Streeter explained that there are three parcels of land that make up the right of way. The first is what was taken from the shopping center in the 1950's, the second is the piece in the center of the highway right -of -way and the fee title for the third is owned by the Dodge Nature Center. Responding to a question from Mayor Mertensotto he stated that the heirs to an estate have the underlying fee to the second parcel, and Paster Enterprises has made an offer to the estate to purchase fee title. Mayor Mertensotto stated that zoning is a question. He stated that the property that was taken from the shopping center is B -4, but the center parcel is probably zoned R -1. He pointed out that Council cannot deal with potential zoning at this time. Page No. 26 August 6, 1996 Mr. Streeter responded that he is in the process of making application to rezone the parcel. Mayor Mertensotto asked Mr. Streeter if he has resolved with the HRA's contractor who will pick up the cost. Mr. Streeter responded that the contract with the HRA was written into the HRA's contract for the building as an alternate, and if the HRA accepts the alternate, the contract is required to deal with Paster Enterprises to remove the top soil, etc., and to meet the city's requirements on drainage and erosion control. He explained that the contractor has given him written notice on what he is willing to do. Mayor Mertensotto stated that Mn/DOT currently has control of the property and Paster Enterprises does not have fee title, and that Mn/DOT has requested an unconditional release. He stated that he does not know how the city could give unconditional release or sign any agreement. He pointed out that Council does not know what the unconditional release will look like and does not know what the city's right -of -way needs will be in the future. Councilmember Smith stated that the most she could give up on this is release of the underlying fee, to allow Paster Enterprises to do the grading and require a blanket easement over the parcels because Council does not know future right -of -way needs. Mr. Streeter informed Council that Mn/DOT legal counsel Marvin Master, has said that if the city wants the right -of -way, Paster Enterprises would not have to buy it from Mn/DOT because the city would have the right -of -way. He stated that he has no idea how the property would ultimately develop. He explained that there is a sanitary sewer main 50 feet deep across the property and that Paster cannot fill within 60 feet of the creek, so there must be some kind of transition across the creek, creating a bridge from one side of the creek to the other. He stated that he does not know how the property would lay out as retail expansion of the shopping center and there is no way he could guess where roads would go right now. Mr. Douglas stated that whatever development decisions are made in the future, the property would need to be filled, and that is what Paster Enterprises is proposing to do now. Mayor Mertensotto pointed out that Paster Enterprises must understand that the Council makes no commitment as to future expansion of the center. He stated that unconditional release by the Page No. 27 August 6, 1996 city to Mn/DOT is an unreasonable commitment that Council cannot make. Councilmember Huber was excused at 12:16 a.m. Councilmember Krebsbach felt that adding the property to the shopping center property is a way of backing into how it will develop. Councilmember Smith stated that one of her concerns is that this extends much farther into what would be a right -of -way area and she has no idea of how that will fit into a traffic pattern. She also stated that the drawing presented by Mr. Streeter this evening is different from what was in the agenda. Mayor Mertensotto stated that Council is talking about possibly 3,600 yards of fill coming from that site and up South Plaza Drive to somewhere else, and allowing the fill to be placed as proposed would avoid all the traffic through the city. Mr. Paster stated that he is not here to develop or expand the shopping center or to add to the parking lot or diminish or reduce in j any way the city's power for easements or its first right with NWDOT. He stated that if he wanted to do development now he would be talking to the city about development, but whether the city owns the property or Paster Enterprises owns the property in the future, the land reclamation that he is proposing will only enhance the property. He stated that what is proposed is only filling out the contours, and that he has done all of the studies requested by the Planning Commission. He explained that he is talking about 1,700 truckloads of fill just to round out the contours of the site, and that this is an opportunity to do something with the land next to the center whether the city or the shopping center ultimately owns it. He informed Council that the Planning Commission's interest was that the project does not violate the requirement of coming to close to the stream and that it does not impact the quality of the water. He felt that the project will enhance the ability of the watershed to perform to additional capacity and will preserve the interest of the Dodge Nature Center. Mr. Douglas reviewed hydrologic information for Council. Councilmember Smith stated that she is not opposed to the concept but is concerned about preserving the city's right to right -of -way to provide for future traffic patterns. Page No. 28 August 6, 1996 Responding to a question from Mayor Mertensotto, Mr. Streeter stated that cleaning out the drainage ditch and weirs will remain the responsibility of Paster Enterprises, as they are on shopping center property. Mayor Mertensotto stated that the Planning Commission recommended approving the permit. He further stated that Paster Enterprises has spent much money doing studies to determine whether the project would have any negative impact, and the only problem is that Mn/DOT controls the property. Mr. Streeter responded that he has applied to Mn/DOT for approval, and the response was that they share the concern about hydrology. He stated that WDOT has expressed that concern because they want to make sure that the drainage pattern is not changed, and the permit from Mn/DOT would be to place fill on highway right -of- way. Mayor Mertensotto stated that all Council would be doing if it approved the request is granting a fill permit to Paster Enterprises subject to Mn/DOT consent. He informed Mr. Streeter that Paster Enterprises would be required to install silt fencing for erosion control. He also pointed out that Paster would also need a wetlands permit because the filling would come within 100 feet of a wetland. Mr. Streeter informed Council that there is only a very short window of opportunity to get some excavated material from the HRA site to fill in some low spots adjacent to the shopping center. Councilmember Smith pointed out that the plan before Council differs from the plan that was considered by the Planning Commission. Mr. Streeter responded that when the application went to the Planning Commission he had already reached agreement with the Sheehys to purchase the underlying fee to their parcel of land. He stated that at that time he had asked Dakota County and the city's staff if the agencies would allow fill to be placed on the (Sheehy) property, and he then began negotiating for underlying fee title for the second site. He explained that if the negotiation is successful, he will eventually come before the city with a concept for development, but doing the filling now will save the HRA $25,000 and will save Paster a like amount in the future. He informed Council that if the application is approved, the area will be seeded after the filling is finished. Page No. 29 August 6, 1996 Councilmember Smith stated that even though the trees that would be lost are scrub trees, they do provide a screen and she would like them to be replaced. Mr. Douglas stated that twelve trees will need to be removed. Mayor Mertensotto pointed out that a tree removal permit is required. Mayor Mertensotto suggested conditions for approval. They were: 1. That the city preserve its interest in the right -of- -way with a blanket easement over the parcel; a statement of understanding that would be submitted to Mn/DOT which would stipulate that under no circumstance does the city give up any of its rights relative to public road easement purposes. 2. That the area be seeded. 3. That proper erosion control measures be taken. 4. That the weir construction be done as designed by Mr. Douglas, Engineer Mogan and Paster Enterprises. 5. That the removal of trees from the area be limited to a maximum of 20 trees having a diameter greater than four inches. 6. That approval of the permit does not imply future approval on the future development or rezoning of the property. 7. That Paster Enterprises maintain the sedimentation pond and its environs. 8. That the entire project be completed by September 30. He also informed Mr. Streeter that the city will not allow any stockpiling of dirt on the site. Mr. Paster responded that he understands that he will have no special rights if the permit is granted. Mr. Streeter informed Council that if the permit is granted, the project will begin within 24 hours and will be completed, including seeding, by the end of September. Councilmember Koch moved adoption of Resolution No. 96 -51, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LAND RECLAMATION AND TREE REMOVAL TO PASTER ENTERPRISES." Councilmember Smith seconded the motion. Ayes: 3 Nays: 1 Krebsbach DISPUTE RESOLUTION Council acknowledged a memo from Administrator Batchelder regarding a request from the Dispute Resolution Center for financial assistance to support the Center in 1996. Page No. 30 August 6, 1996 It was the consensus that the city cannot afford unfunded expenditures. AIR NOISE Council acknowledged a memo from Administrator Batchelder regarding a statement of common interest prepared by the Northern Dakota County Airport Relations Coalition and a proposed letter from Council to the Dakota County Board. Council discussed noise issued and revised the draft letter. Mayor Mertensotto gave Council an update on MASAC and MSP Mitigation Committee meetings. R -O -W WORK PLAN Council acknowledged a memo from Administrator Batchelder in response to a request from the League of Minnesota Cities for a city contribution of $771 to assist in funding a work plan to counter legal and legislative challenges to local control of rights -of -way. Councilmember Koch stated that the city pays annual dues to the LMC and asked where the dues go. She felt that the city should not be asked for additional funding for matters such as the work plan, but rather that this should be covered by the annual dues. i Councilmember Smith stated that she still has not heard why the LMC is spending so much when it is committing its staff to do the work. She stated that she cannot support $771 in funding. Administrator Batchelder stated that originally there were three areas of expenditures: continued legal fees, public education efforts and legislative efforts. He stated that legal fees are not a consideration now, but the LMC still needs support for education and legislative issues. Mayor Mertensoto stated that he feels it is important for cities to control their rights -of -way and the city should support the LMC. Councilmember Krebsbach moved to authorize a $500 contribution to the LMC for funding a Right -of -Way Work Plan. Mayor Mertensotto seconded the motion. Ayes: 3 Nays: 1 Koch T.H. 149 PLANNING Council acknowledged a memo from Administrator Batchelder and Public Works Director Danielson regarding a proposed workshop on T.H. 149 vacant right -of -way planning. Page No. 31 August 6, 1996 Council directed Administrator Batchelder to contact the city planner to authorize four to five hours to prepare a preliminary report. BUDGET WORKSHOP Council acknowledged receipt of the proposed 1997 budget along with a memo from Treasurer Shaughnessy recommending proposed dates for a Council workshop. Councilmember Krebsbach moved to conduct a budget workshop at 7:00 p.m. on August 21. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 1:28 o'clock A.M. ATTEST: Charles E. Mertensotto Mayor athleen M. Swanson, City Clerk