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1996-12-03 Council minutesPage No. 1 December 3, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 3, 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. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the a. Acknowledgment of the minutes of the November 13, 1996 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the November 26, 1996 Planning Commission meeting. c. Acknowledgment of the Code Enforcement monthly report for November. d. Acknowledgment of a communication from U.S. West regarding recent decisions by the Minnesota public Utilities Commission about competition in the telecommunications industry. e. Acceptance of the resignation of Police Officer David Olmstead, effective October 29, 1996. meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF Councilmember Koch moved approval of the minutes of the MINUTES Election Canvassing Board meeting held on November 6, 1996. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move item 5f, approval to acquire engineering vehicle, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the November 13, 1996 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the November 26, 1996 Planning Commission meeting. c. Acknowledgment of the Code Enforcement monthly report for November. d. Acknowledgment of a communication from U.S. West regarding recent decisions by the Minnesota public Utilities Commission about competition in the telecommunications industry. e. Acceptance of the resignation of Police Officer David Olmstead, effective October 29, 1996. Page No. 2 December 3, 1996 f. Approval of a request from United Properties to designate a portion of Northland Insurance's property as a "private street" to be named Jupiter Drive, with the condition that the street be blocked off at least one day a year so that there is no public access and there is evidence that it is a private street. g. Acknowledgment of a memo from Administrator Batchelder and approval to purchase PEIP Group Health Insurance for 1997. h. Approval of the list of contractor licenses dated December 3, 1996 and attached hereto i. Approval of the List of Claims dated December 3, 1996 and totaling $210,987.51. j. Acknowledgment of the minutes of the NDC -4 meeting minutes for October 2 and November 6, 1996. k. Adoption of Resolution No. 96 -92, "RESOLUTION j CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 ENGINEERING VEHICLE Council acknowledged a memo from Public Works Director Danielson regarding acquisition of a 1991 Plymouth Voyager for engineering department use. Responding to Council questions, Public Works Director Danielson responded that $8,000 is the bank value for the vehicle, which has very low mileage, is in excellent condition and should have many years of service left. He informed Council that the vehicle will be used for general engineering department purposes as well as for inspections and will be kept at City Hall evenings and week -ends. Councilmember Krebsbach moved to authorize an expenditure of $8,000 to Warren and Jean Olson, 1206 Delaware Avenue, for the purchase of their 1991 Plymouth Voyager. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 96-26, BECKMANN Page No. 3 December 3, 1996 Mayor Mertensotto informed the audience that he would step down during discussion of the Beckmann variance application to avoid any appearance of impropriety. He then turned the meeting over to Acting Mayor Smith. Council acknowledged a memo from Public Works Director Danielson regarding the Paul Beckmann application for antenna height variance, along with a letter from Mr. John Bellows requesting an extension of the 120 day review period to allow for consideration of the variance at the January 21, 1997 City Council meeting. Council also acknowledged letters from Mr. and Mrs. Dennis Finn, 645 Wesley Lane and from Mr. Mitchell Rossman, 1891 South Lane. Mr. Beckmann and Mr. Bellows were present for the discussion. Acting Mayor Smith stated that the application for height variance to accommodate a ham radio antenna was last discussed on November 19. She stated that she understands the material needed by the city's consultant was not provided by the applicant in time for Mr. Jillson's review and report this evening, which is why Mr. Beckmann has request a continuance. She expressed concern about just extending the review period through the end of January, since that would only give Council one opportunity to review the information that is presented, and if the reports are not available prior to the meeting Council will not have sufficient time to review them. Mr. Beckmann responded that he is requesting an extension until the end of January, 1997 and anticipates that everything will be available for Council review at its second meeting in January. He stated that he plans to present the information to Mr. Jillson in December so all of the information, including Mr. Jillson's report should be available to Council by the end of the year. Acting Mayor Smith stated that her concern is that often in the course of Council meetings, additional questions and issues arise and it would be prudent for Council to have the opportunity to respond. She informed Mr. Beckmann that she would appreciate having the extension to the first meeting in February so that there will be feedback time. Mr. Beckmann agreed with the request and stated that he will submit a revised written request. Councilmember Krebsbach asked that all of the information be submitted to Council in its regular agenda packet and not the night Page No. 4 December 3, 1996 of the meeting. She pointed out that unless complete information is received in the packet, Council will not be able to to take action until February 4. Acting Mayor Smith agreed. She also informed the members of the audience that if any members of the community have additional information to submit, Council would appreciate submission of the materials to City Hall on time for distribution in the agenda packets. Administrator Batchelder informed Council that the city is obligated under state statute to take action within 60 days of the filing of an application unless there is a sixty day extension. The 120 days on this application will expire on December 12, and the only extension Council could make after that date would be at the request of the applicant. A member of the audience stated that he wants to be sure that if the city does not act within the 120 days that the application is not deemed approved. Attorney Hart responded that the statute allows the specific written request for extension by the application. Mr. Bellows agreed, stating that Council would not be granting the variance by virtue of approving the extension request. Mr. Beckmann stated that all of the information requested by Mr. Jillson has not yet been submitted to him. He explained that a licensed engineer is in the process of reviewing the set of plans and an approved set will be submitted to Mr. Jillson. He explained that this is the basis for the request for continuation, and also to allow Council the time to review Mr. Jillson's report. He informed Council that his engineer has indicted that he will have the formal information to Mr. Jillson within the next week and has expressed a desire to contact Mr. Jillson. Responding to a question on whether there is more information which will be submitted in terms of outside expertise, he stated that most of the scientific information will be available for Council's consideration on January 21, but if a new issue comes up and there is a problem dealing with it, he is sure that all parties can work together to extend the discussion should that be necessary. Mr. Bellows stated that the key is for the city to identify the public interest that it wants to protect and then to determine at what point the application is within that interest. He stated that if safety is the concern, it is important for Mr. Jillson to inform Council on what Page No. 5 December 3, 1996 height would be no problem. He stated that if aesthetics is the issue, Mr. Jillson should tell Council how this could be integrated into the neighborhood and still give reasonable accommodation. Councilmember Krebsbach stated that interference with communications is another issue. She wanted to be sure that by virtue of deciding on the timeline being requested that Council has the ability to make the determination that additional expert review is required. Administrator Batchelder responded that it is his understanding that Mr. Jillson is reviewing the proposal for structural integrity as a structural engineer and will not comment on the interference issue. He noted that Council has not directed staff to retain an expert on interference. Councilmember Koch pointed that in reviewing the Pentel antenna variance request, Council retained both Mr. Jillson and Dr. Dubois in order to provide a full study. Councilmember Krebsbach asked the city attorney if the timeline can be extended if Council determines it wants input form Dr. Dubois. Attorney Hart responded that only the applicant can request an extension. Administrator Batchelder stated that he does not believe that it would be difficult for Dr. Dubois to review the proposal with respect to interference. He stated that although Dr. Dubois reviewed the Pentel case to determine whether the antenna height being proposed was needed for reasonable communication, he believes that Dr. Dubois has expertise with respect to interference. With respect to the timeline, Attorney Hart stated that extension to February 4 gives the city 45 days for review, and that perhaps staff to contact Dr. Dubois to determine his availability. He further stated that if it appears that an extension beyond February 4 will be necessary, he would contact Mr. Bellows to see if further extension would be acceptable to his clients. It was the consensus to direct staff to contact Dr. Dubois to determine if interference is a field of his expertise, and if so, to retain Dr. Dubois for an amount not to exceed $1,500. Page No. 6 December 3, 1996 Mr. Bellows stated that Mr. Beckman has asked for an extension to the end of January because he understood that was the framework that had been discussed in the past, however extending the review period to February 4 makes a good deal of sense. He was concerned about agreeing to extending the matter beyond February 4 for Council review of interference when it has always been his client's position that that question is within the purview of the FCC. He did state, however, that he would have no problem extending the review to February 20 and will include that provision in his letter to Council. Councilmember Koch moved to approve the letter of request for an extension of the review period and an amendment to the letter to extend the review period to February 20. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved to retain Dr. Dubois or an individual with similar credentials for an amount not to exceed $1,500 to review the application with respect to interference. Councilmember Koch seconded the motion. j Ayes:5 Nays: 0 Acting Mayor Smith informed the audience that the matter will be placed on the January 21 Council agenda. Mayor Mertensotto returned to the meeting. MENDOTA MALL SIGNS Council acknowledged a memo from Public Works Director Danielson regarding continued discussion on a request from Mr. Ed Paster for an amendment to the Mendota Mall sign policy. Mr. Paster informed Council that he believes that the result of the last Council discussion was that Council would take the matter under study and look at the center and the sign band and the rear entrance and raised entry sidewalk at the rear and determine if the sign would be intrusive to the neighborhood. He stated that the development on the South Plaza Drive side of the center is offices, which provide a buffer to the residential district. Mayor Mertensotto informed Mr. Paster that Council does not want to set a precedent, and the Plaza was developed under a PUD which would have to be amended. Public Works Director Danielson stated that the center is a PUD, and there was a sign policy adopted by the city as part of the PUD. Page No. 7 December 3, 1996 He stated that the sign policy would have to be amended to allow Paster Enterprises to install the sign that is being requested. Mayor Mertensotto pointed out that other retailers in the center might decide they also want a sign on the rear of the building. He stated that Council does not want the back of the center to look like the front, although he can understand why the dentist would want a sign on the rear if access to his office is at the rear entry. He pointed out that Snyder's would probably also want a sign on the rear, and asked if Mr. Paster would be willing to limit signage to the dentist and Snyders. Mr. Paster responded he would be willing to limit the signage to just those two and anyone having a primary entrance at the rear, but the others can be addressed as requests arise. He stated that he would like to have Snyders use its rear entry more to relieve some of the parking at the front of the center. He explained that he is proposing letters of 24 inches on a six foot sign band. He pointed out that the band already exists,. that it is eleven feet off the ground and the sign letters would be 13 feet in the air. He explained that the signs on the front sign band are taller than 24 inches. Councilmember Smith stated that she believes Mr. Paster had mentioned there are four sides to a shopping center and the rear could be considered a front. She stated that she was struck by the trash bins in the back and asked if Mr. Paster has any plans to make the area look like the front. She also asked if the lights at the rear of the building have been increased in wattage, as they seem quite bright. Mr. Paster responded that he has been concerned about the trash bins and has been investigating solutions and has not yet determined one but will continue to explore options. With respect to lighting, he stated that nothing has changed except the rear of the property is now open and there is new blacktop which may be reflecting the lights. There was discussion over ways to shield the lights to keep the lighting from spilling off the property. Councihnember Koch stated that the shopping center lights do not bother her and that she believes that the lighting will make the center more "user friendly" for the senior center residents. She also stated that she would prefer to have a shopping center that has a front and a back. She had no concern over the requested signage and felt that Page No. 8 December 3, 1996 added signage may provide a way of opening the mall up so people will use it more. Mayor Mertensotto asked if the signs can be limited to Snyders and the dentist and if the lights can be turned off at 10:00 p.m. Councilmember Smith stated that Council would be doing two things by approving the request - approving the signs and changing the sign policy. She stated that she would be interested in doing so if there were a way to improve the back to make it more attractive and look more like an entrance site, such as doing something with the trash enclosures. Mr. Paster responded that he cannot categorically say that he can do that but that he will continue to study the problem, as he is not happy with the way the area looks. He explained that he has had several different companies handling the trash in the past but they were damaging the blacktop. He informed Council that he asked the current vendor to paint the containers blue to match the building so that they would be less obtrusive. He stated that he has had enclosures built at other shopping centers but the business owners and truckers did not close the doors and the enclosures became receptacles for the trash. Mayor Mertensotto stated that Council will not condition approval of the sign request to resolution of the trash storage issue but that Council asks that Mr. Paster do whatever he can about the problem. Councilmember Huber moved to amend the Mendota Mall sign policy to allow for a "DENTIST" sign to be placed on the south side of the Mall, on the condition that the sign be limited to the entrance only, that the height of the sign be limited to two feet, that lighting be consistent with the light intensity of the signs at the front of the building and condition that the sign lighting be turned off at 10:00 p.m. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 96 -33, SBA, INC. Council acknowledged an application from SBA, Inc., for conditional use permit to install PCS communications antennae on the roof of Henry Sibley High School. Council also acknowledged associated staff reports. Representatives of SBA, Sprint, and Faegre and Benson were present for the discussion. Page No. 9 December 3, 1996 Mr. Steve Wallach, from SBA, informed Council that SBA first looked for co- locate sites where antenna already exist, and promises compatibility with neighboring structures. He stated that Mr. Tom Bouchet, a neighbor of the school who is present for the meeting, is in favor of the project, and that that the school board has given unanimous approval to the co- locate proposal. Mr. Wallach showed a photo - simulation of the antennae, explaining that the structures will be painted to match the building colors, unlike the U.S. West structures, which are cream colored. Public Works Director Danielson informed Council that staff had informed U.S. West that the color of their equipment must be painted to match the brick, and they will be painted in the spring when the weather is warmer. Mr. Wallach stated that the inter- modulation study which is required by the city was completed within the last two days and has been submitted to the city. He informed Council that according to the study, there is no interference expected, and that there will be two antennae above the height of the building. j Councilmember Krebsbach pointed out that it was very important to the Planning Commission that the study be done and given to Council before the meeting to allow for review. She asked if a synopsis has been prepared. Mr. Wallach responded that a synopsis was prepared and is attached to the materials distributed this evening. Mayor Mertensotto informed the applicants that Council is very strict as to what is allowed and has always dealt with requests for antennae on a case by case basis. The AT &T tower on T.H. 55 is an example of what has been required - AT &T cooperated by lowering its height request from 90 feet to 75 feet and upgraded the exterior of its service building. He also informed the applicants that the Planning Commission has been urging Council to adopt an antenna ordinance. Mr. Chester Colby, a Sprint engineer, stated that with PCS technology, height of antenna is tied to capacity and terrain, and heights in the cities tend to be lower than rural sites so as to accommodate more traffic. He explained that there are two companies that presently offer PCS and two more will come very soon, but there can be no more than six PCS companies in this area in addition to the two cellular operators that already exist, as all the FCC will allow is eight companies. Page No. 10 December 3, 1996 Mayor Mertensotto stated that he believes the city is at the point where a moratorium should be put in place to allow time for preparation of an ordinance. Mr. Gary Granrud, from Sprint, stated that his firm is very familiar with moratoriums and does not begrudge Council the desire to enforce a moratorium to allow ordinance preparation. He felt, however, that Council could have an effective date on the moratorium which would still allow consideration of the SBA application. He stated that the application is for a location Council is familiar with and where Council has approved antennae, and SBA has an agreement with the school district. He further stated that the city requires an inter- modulation study to show there is no interference and the study which has been prepared shows that there is none. He informed Council that this is the only site Sprint will need in Mendota Heights and that Sprint will provide everything the city requests. Responding to a question from Mayor Mertensotto, Mr. Tim Dean, from Sprint, stated that the antennae will not be higher than the penthouse and they will extend no higher than those of U.S. West. He informed Council that all of the antennae will be mounted to the wall. Mr. Granrud informed Council that there is one other limiting factor by the school district - that the school property is limited to only one other applicant. Councilmember Huber stated that the antennae are proposed to be some distance from the penthouses so they will not give the impression that they blend in. He asked if there are going to be lights at the top of the antennae. Mr. Colby informed Council that the antennae will be painted whatever color Council chooses so that they blend in with the sky, and they will not be an eyesore. Mr. Granrud stated that there will be no lighting. There was discussion over potential harm from RF radiation to students who might go up on the roof without authorization. Mr. Granrud stated that only prolonged exposure, periods of eight to ten hours, might pose a danger. He further stated that there is no current in the antennae. He stated that Sprint must follow all FCC guidelines with respect to safety, and documentation in that regard has been submitted to the school district. Page No. 11 December 3, 1996 Council discussed the need for a moratorium and a workshop with the Planning Commission. Councilmember Koch stated that she does not feel it would be fair to SBA/Sprint to call a moratorium when Council has their application under consideration. Mr. Granrud stated that there is urgency to the application because Mendota Heights and Eagan happen to be a test cluster of the first systems being turned on. He stated that he has been working with the city since the fall of 1995 and is in a difficult position asking Council to do something against its will, but the location was unanimously approved by the school board and Sprint is launching the system in March. Mayor Mertensotto asked if Sprint could live with antennae that do not project higher than the side of the building. Mr. Colby responded that it may be possible to reduce the antennae height so that they are all on the face of the building, and Sprint would agree to the condition if it meant Council would approve the application. He stated that there would be 12 antennae, 8 now and four at a later date, all installed flush with the building and all the same as the one which was he brought to the meeting o show Council this evening. Mr. Tom Bouchet, a resident on High Ridge Circle, stated that he agrees that he does not think the applicant should be a victim of timing. He stated that Sprint has satisfied his concerns over safety and interference issues and informed Council that he has a good view of the antennae currently on the high school roof and he does not find them offensive. He stated that he is not affiliated with Sprint or SBA and he has not been offered any financial interest for his support, and he has found their representatives to be straight forward and honest. He stated that he hopes Council will approve the SBA/Sprint request and then enact a moratorium to treat SBA/Sprint fairly. After further discussion, Councilmember Koch moved to grant provisional approval and to direct staff to prepare a resolution for December 17 consideration which embodies all conditions discussed by Council this evening, those conditions being that there be a maximum of 12 antennae, 8 now and four at a later date, all flush mounted and none higher than the wall to which they are attached; that they be painted the same color as the brick; that the applicants enter into the same developers agreement that is existing now with Page No. 12 December 3, 1996 U.S. West and AT &T; that documentation relating to health issues be submitted to the city; and that the applicants submit an expanded summary of the inter- modulation study. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved to adopt a moratorium on all new applications for all types of communication antennae and towers for one year or until such time as the city adopts an ordinance controlling telecommunication systems, antennae and towers. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Council directed that no new applications be accepted with respect to communication systems, antennae and towers until one year has expired or an ordinance is in place. It was the consensus that a workshop be conducted with the Planning Commission on a Saturday in February to discuss the Freeway Road site and antennae ordinance. CASE NO. 96 -34, Council acknowledged an application from Tharaldson THARALDSON Development for conditional use permit, subdivision and variance to double the size of the Heritage Inn. Mr. Ken Scheel, representing Tharaldson, was present for the discussion. Mr. Scheel showed Council a rendition of the proposed addition. He then offered clarification on some issues which had been raised. With respect to the lighting issue, he stated that the lighting plan that was submitted to the Planning Commission conforms to city ordinances but Tharaldson has entered into an energy assessment with NSP for new lights which will be installed at another Tharaldson facility, and if that is successful, the lights will be installed at the Mendota Heights facility. Regarding United Properties' concern about the blue roof, he stated that Tharaldson has agreed to change the roof on the existing structure and the new building. He stated that United Properties has been actively involved in the project and its landscape architect was retained to do the architectural design for the exterior of the building. He explained that the two buildings, with a walking enclosure, will be on one lot and although he buildings are designed to stand alone, they will have a connecting wing. He informed Council that it is not Tharaldson's intent to subdivide the property in the future. Responding to a question from Mayor Mertensotto about parking, Mr. Scheel stated that he does not know if there are specific Page No. 13 December 3, 1996 problems now but more parking spaces have been programmed for the new building than the ordinance requires. Mayor Mertensotto expressed concern, stating that the parking for the first building was proof of parking, and if the facility ever goes public and not held for use by Northwest Airlines, parking may present a problem. Mr. Scheel responded that the proof of parking allows for parking to the rear of the building, and if the buildings were to stand alone, both would have the required parking. He pointed out that the proof of parking agreement can be exercised by the city at any time Council feels parking is a problem. Mr. Scheel stated that another issue that has been raised is over a two foot parking variance. He stated that he believes the ordinance requires 25% of green area, and the plan actually provides for 42 %. Tharaldson is only asking for a two foot setback variance for thirty six feet, for the sidewalk that gives access to three handicap parking spaces to the south side of the main entrance. Mr. Scheel stated that he believes there was much issue made of the inadequacy of the side yard setback, but that was an error on the application by Tharaldson. He stated that the only variances needed are for access to the handicap spots and the enclosure for the dumpsters. He informed Council that United Properties has placed some significant requirements on Tharaldson, and, in response to a question from Council, stated that brick will be added to the front of the existing building as part of the project. He informed Council that Northwest Airlines wants the room sizes to be the same as in the existing structure, but Tharaldson has decided to put in 33 suites - 21 more suites than the existing building. Responding to Councihnember Smith's concern that the rooms appear to be small, Mr. Scheel stated that they are standard rooms for an up -scale pleasure market, and if Tharaldson were to franchise the hotel it would fit every franchise requirement for size of room except for the Residence Inn. He stated that the facility is competitive with the luxury budget market, that the spa will be taken out of the existing building and a relatively large indoor swimming pool will be installed in the new building. Responding to a concern about lot drainage, Mr. Scheel stated that the drainage plan has been reviewed by city staff and will be modified to reflect staff direction. Councihnember Smith stated that she wants to be sure that drainage from the property is retained on the property as much as possible. Page No. 14 December 3, 1996 Mr. Scheel responded that the drainage from the property will go into the existing city storm sewer or into an existing swale. Public Works Director Danielson stated that city staff has been working with Tharaldson representatives to ensure that the drainage plan complies with the Barr Engineering comprehensive design for the entire industrial park. Mr. Scheel informed Council that the new building exterior will be entirely brick and it will comply with the city's ordinance requirements for Type III construction. Responding to a question from Councilmember Krebsbach, Mr. Scheel stated that the public rooms would likely be the ones on the first and second floors of the existing building, which would appear to provide the most security to Northwest. He explained that Tharaldson does not intend to do any advertising and would not build the project without an agreement from Northwest Airlines for 65% of the rooms. Mr. Scheel stated that should Northwest ever relocate, the hotel would be competitive as an independent hotel, as it is the same as all other facilities. He informed Council that there will be additional restaurant seating along the walkway for 48 people. Mr. Scheel stated that Tharaldson has asked for extra signage to anticipate that in the future it will need to change signage should be facility become public. He informed Council that Tharaldson fully believes that it can fill the hotel just by word of mouth within the industrial park. Mr. Scheel informed Council that this is by far the biggest project Tharaldson has done and it will be the firm's signature product. Councilmember Smith moved adoption of Resolution No. 96 -94, "A RESOLUTION APPROVING A PRELIMINARY PLAT, TWO VARIANCES AND A CONDITIONAL USE PERMIT FOR THE HERITAGE INN ON NORTHLAND DRIVE," subject to Fire Marshal review of the plans to determine that they meet fire codes and related ordinances and subject to drainage review by city engineering. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 MANNA FREIGHT Council acknowledged a request from Manna Freight that its application for building permit modification be continued. Page No. 15 December 3, 1996 OWOBOPTI INDUSTRIES Council acknowledged a memo from Administrator Batchelder regarding a request from Owobopte Industries for $ 100,000 in CDBG funds for assistance in construction of a new facility. Mr. Louis Besser, President of Owobopte, was present for the discussion. Mr. Besser informed Council that Owobopte, a non-profit organization that provides support services to empower persons with disabilities to achieve employment and independence, has in been in existence for 24 years and is desperate need of a building. He explained that the most viable option appears to build a facility, and he has discussed with the Dakota County HRA the possible use of CDBG funds. He explained that 1,600 individuals are transported throughout the county and travel about 25,500 miles a month. A site in Eagan would provide a central location for the facility to operate from. He explained that 24 of Owobopte's clients live or work in Mendota Heights, and eight work in housekeeping at the Marriott. Mr. Besser informed Council on the type of work Owobopte's clients do and the service that Owobopti provides. He explained that it is the goal of Owobopti Industries to make life better for those who are not so fortunate as we. He stated that Owobopte will have $675,000 from the sale of its building in Lakeville and with support from CDBG from Dakota County communities and other programs, he hopes to raise $1.5 million to construct a 65,000 square foot building. Mayor Mertensotto stated that while Mr. Besser has a worth cause, as have others who have made similar requests, if Council approved the request it would be constantly faced with social organizations making similar requests, and that is not the city's function. He did not feel that CDBG funds are appropriate for this type of use, but rather that Council should consider reserving its block grant funds to provide a future senior center. Councilmember Krebsbach pointed out that Mr. Besser is asking for a sizable financial commitment form the city. She stated that the city cannot give all that Mr. Besser asks, but that she feels Council should support the Owobopte program to the extent possible. Mr. Besser responded that he would appreciate whatever support the city can give and informed Council that the funding the city receives is much less than he had anticipated. He stated that he believes that the City of Eagan will be very supportive and that he will also talk to Burnsville and Lakeville for support. Page No. 16 December 3, 1996 Councilmember Huber stated that this is Council's first opportunity to think about some use for CDBG funds other than senior housing, and he felt that Council needs to discuss its options. COUNCIL COMMENTS It was the consensus to direct staff to write to SuperAmerica regarding the intensity of the lights at its T.H. 55/Mendota Heights Road facility. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned the Truth In Taxation hearing scheduled for 7:30 p.m. on December 4, 1996. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:50 o'clock A.M. ATTEST: Charles E. Mertensotto Mayor kathleen M. Swanson, City Clerk LIST OF CONTRACTORS TO BE APPROVED By CITY COUNCIL Gas Piping Contractor Steinkraus Plumbing and Heating Inc. S & S Plumbing and Heating Inc. HVAC Contractor S & S Plumbing and Heating Inc. General Contractor License Rayco Construction, Inc. Town and Country Fence