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1996-10-15 Council minutesPage No. 1 October 15, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 15, 1996 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch and Krebsbach. Councilmember Smith had notified Council she would be late. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Councilmember Smith arrived at 7:35 p.m. ! ACKNOWLEDGEMENT OF Council acknowledged receipt of the minutes of the October 1 MINUTES Council meeting. Approval was tabled to November 5. CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 25, 1996 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the October 8, 1996 Parks and Recreation Commission meeting. c. Acknowledgment of the minutes of the October 9, 1996 Airport Relations Commission meeting d. Approval of the Treasurer's monthly report for September. e. Approval of the probationary appointment of Curt Wimpee' as Civil Engineer I at Grade XVII, Step A of the city's pay matrix. f. Acknowledgment of receipt of the NDC4 Executive Director's Report. Page No. 2 October 15, 1996 g. Authorization for the City Clerk to prepare specifications and solicit quotes for a copy machine. h. Authorization for the Mayor and City Clerk to execute a Watermain Easement Agreement with the St. Paul Water Utility for the Enterprise Corporate Centre project. Acknowledgment of information from U.S. West Communications regarding FCC rulings. Authorization for the purchase and installation of a radio for Fire Department truck number 2290 from Bear Communications for $3,721.03. k. Adoption for Resolution No. 96-83, "RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING FOR STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE TILSEN'S HIGHLAND HEIGHTS, TILSEN'S HIGHLAND HEIGHTS PLAT 2 AND TILSEN'S HIGHLAND HEIGHTS PLAT 3 (IMPROVEMENT NO. 96, PROJECT NO. 4)." 1. Approval of the List of Claims dated October 15, 1996 and totaling $353,855.73 m. Approval of the list of contractor licenses dated October 15, 1996 and attached hereto. n. Approval for staff to begin the bidding process for replacement of the Fire Station roof. Councilmernber Krebsbach seconded the motion. Ayes: 5 Nays: 0 FIRE CELEBRATION Ms. Carolyn Dreelan and Mr. Brett Blaeser, Co-Chairpersons for the Fire Department 50" Anniversary Celebration, were present to discuss the celebration. Ms. Dreelan explained that the first day of the two day celebration will be held in conjunction with the city's annual park celebration on August 15 and will include a parade, softball tournament, children's activities, concessions at the fire station and park, live music at the fire station and an open house at the station. The open house will include fire department memorabilia and history, including a history book. She explained that if there is adequate funding, the celebration committee would Page No. 3 October 15, 1996 like to end the day's events with a fireworks display. The second part of the celebration is proposed to be a banquet for the fire department members, spouses and guests. She asked that the city assist in funding the celebration and that Council authorize a temporary 3.2 malt beverage license to allow the ale of beer at the softball tournament, until 9:00 p.m. She informed Council that the committee feels that the department can control the coolers that are brought in and can card everyone wishing to purchase beer and control consumption. The department feels that sale of beer would be a good fund raiser. She informed Council that the banquet and all of the August 16 events are estimated to cost $26,500, and the relief association currently has $6,000 in funding and will hold fund raising events until the celebration. Mayor Mertensotto stated that Mendakota Country Club has paid for the July 4, but the anniversary celebration will be on August 16. He pointed out that a fireworks display is a very sizable expense. Ms. Dreelan responded that it is possible that the fire department can work with the vendors, etc., so that the fireworks could be held with the celebration instead of July 4. Fire Chief Maczko stated that the committee has not talked with Mendakota, but since the celebration is a community event, perhaps Mendakota would like to be partners in the fireworks. He stated that Mendakota's July 4 fireworks is something the country club does for the community and the department would not want to ask them to change on the department's behalf. Mayor Mertensotto stated that Council must be very sure that any city funding for the anniversary celebration is for the benefit of the public at large, and that the city could participate in any of the events that are for the public. Chief Maczko stated that the committee has been working with the recreation programmer to come up with a true community celebration, and what they have been discussing is combining the park celebration and anniversary celebration into one big event. Mayor Mertensotto responded that city funding must only be used for those activities that are open to the public, and the banquet and dance for the fire department and guests is not open for the general public and would not qualify for city funding. He did not think Council would have a problem committing funds where the city actually makes the payments to vendors. He stated that Council expressed at budget time that it could commit up to $25,000 from Page No. 4 October 15, 1996 Council's contingency. He felt that the liquor license request also has ramifications, and if the city allows liquor sales in conjunction with the park celebration, that becomes a problem because it would appear to be city - sponsored. Ms. Dreelan stated that the committee has spent some time going to similar events in other cities, including New Ulm, which holds a city event with beer. She stated that it is an excellent source of funding and the department would like to know about the license now so that they can plan the events. Mayor Mertensotto responded that the city does not have dram shop insurance and could grant a license to the Fire Relief Association, which is separate from the city, but in doing so Council would be endorsing the sale of malt liquor. He felt that if there were a problem with someone being injured because of the sale of beer, the city would be looked at as having deep pockets. He informed Ms. Dreelan that the Relief Association would be required to obtain dram shop coverage, with the Relief Association being the insured and the city being a named insured. Chief Maczko stated that the department fully expected to be to have insurance and the Relief Association would certainly fund the insurance. He stated that people will not be allowed to bring coolers to the events. Mayor Mertensotto stated that the insurance would have to be for a $600,000 limit at the minimum, and that has been the case with the issuance of permits to St. Peter's and others, the city license fee would be waived. Ms. Dreelan asked if it is permissible for the committee to check into insurance. Mayor Mertensotto responded that insurance is one issue that must be resolved, but that he does not speak for the Council and the Council members would have to be amenable to endorsing beer sale in the city's park. Councilmember Huber stated that he would be willing to agree to a license but the hours of sale must be discussed. He further stated that Council must be cognizant of the impact on the neighbors. He felt that the city would not be setting a precedent for allowing the sale of beer in city parks because the celebration is a one -time event. Page No. 5 October 15, 1996 Councilmember Krebsbach stated that she would need to be very clear that this is a unique situation and there will not be any requests from softball teams for beer sales. Ms. Dreelan responded that the department would not have control over other organizations. Mayor Mertensotto stated that Council must be sure to specify that this is a major event in the city, combining both the park celebration and the fire department's fiftieth anniversary. Councilmember Krebsbach stated that the location of the park is a concern, and there are many issues around the park. She stated that she would need assurances from the softball league representatives that issuing a license for the anniversary celebration will not be viewed as setting precedent. She also stated that her concerns are over the location of the park and the possibility that the department would ask for a license in subsequent years to sell beer as a fund raiser. Councilmember Smith stated that it must be made clear that approval of a license would be done purely as an accommodation to the 50`h anniversary and not for the park celebration or softball tournament. Councilmember Krebsbach stated that there are many members of the fire department who are active with the adult softball league who can communicate to the league that this is a stand alone request and there will not be any future requests considered for beer sales for softball. Chief Maczko stated that the celebration committee would like some indication from Council so that it can do planning. Mayor Mertensotto responded that Council will have to discuss hours of sale and other conditions and that it would have to be explicit that issuance of a license would not set a precedent. He also anticipated that there will be feedback from residents who are viewing this evening's discussion on television. Chief Maczko stated that the committee will work under the assumption that they will get the license approval, with the understanding that there will be conditions. He explained that the committee will have a better idea on costs and whether beer sale is something the committee wants to do. He pointed out that the Page No. 6 October 15, 1996 fiftieth anniversary of the department will never be celebrated again, and the next celebration will likely be the 75`h anniversary. Mayor Mertensotto stated that Council will commit up to $5,000 in funding, from the budgeted contingency, for the public part of the anniversary event. Chief Maczko introduced Mrs. Alma Fischer to Council. He explained that Mrs. Fischer is on the department's history committee and her husband helped organize the department and was a charter member. Mayor Mertensotto expressed Council's appreciation to Mrs. Fischer for working with the Fire Department committee in compiling the department's history book. FIRE SAFETY AWARDS Fire Marshal Paul Kaiser and Fire Chief Maczko were present to recognize a number of businesses for consistent emphasis on fire safety during 1996. The businesses which were recognized were: A.R.R.T, Applied Coating Technology, Associated Bureaus, Batesville Casket Company, Center for Diagnostic Imaging, Courtyard by Marriott, Ecolab, G.N.B., L.C.S. Metal Stamping, Mendota Heights Animal Hospital, Mendota Heights Cycling and Fitness, Minnesota Knitting Mills, Snyder Drug Store, Solvay Animal Health, Somerset 19 Condo Association, Somerset Country Club, Specialty Equipment, St. Paul United Methodist Church, St. Peter's Church, Tempco Manufacturing, Big Wheel/Rossi, Mendakota Country Club and Metro II. BUNKER HILLS STREET Council acknowledged a memo from Engineer Mogan regarding IMPROVEMENTS informing Council on the results of a Bunker Hills neighborhood survey on proposed street improvements and a recent open house for the neighborhood residents. Engineer Mogan reviewed the survey results, stating that 62 of the 74 surveys which had been mailed were returned by property owners. Of the responses, 36 residents (58 %) prefer the total street reconstruction project (option one), and the common concern they expressed was related to the width of the streets. Several people were concerned about losing trees due to street widening. He informed Council that 4 residents were in favor of limited reconstruction (option 2), 17.5 favored bituminous overlay (option 3), and 3.5 want no project. One survey was returned with no option chosen. Mr. Mogan reviewed overheads showing survey results and a map showing the roads within the project boundaries. He informed Council that there are no driveways served from Valley Page No. 7 October 15, 1996 Curve between Hilltop and Willow Lane, and that staff has recommended that this section be reconstructed as a bituminous trail. Mayor Mertensotto asked if that street section serves as a cross -over. He was concerned about emergency access to and from the neighborhood in that area. Mr. Mogan responded that he understands that it does not see much traffic and is a nuisance. The other unusual aspect of the project is how staff proposes to treat the alley between Willow Lane and Hilltop Curve. He explained that most of the residents who are served by the alley do not want any improvements on it and feel very strongly about maintaining the gravel surface. He informed Council that there are others in the neighborhood who would like to see the alley paved, feeling that if there are all new streets in the neighborhood, gravel would be tracked out onto them from the alley. He stated that if there are no alley improvements, he would recommend that the properties abutting the alley be assessed for the storm sewer that serves the entire neighborhood, but that he feels it would be a mistake not to improve the alley at the same time as the project is done. Mayor Mertensotto stated that two of the lots would have public street on Willow and two on Hilltop, which only leaves five on the alley access. He felt that it would be a big mistake not to improve the alley, as the five property owners would be choosing not to be part of the neighborhood and the lack of improvement to the alley could have a negative impact on those properties. Mr. Brian Birch, 755 Willow Lane, stated that he did not respond to the survey but would like to be heard. He informed Council that he looked at the entire project area and measured each of the street widths and identified where he felt there was only need for curb. He reviewed that information, stating that he believes that 85% of the neighborhood does not need curb. He also pointed out what he felt were significant conflicts with trees and streets, and he felt that the property owners on the alley use all of the neighborhood streets and should be assessed the same as everyone else. He did not feel there should be a different level of assessment for those properties. He did not understand why option one indicates a 25 year street life and option two anticipates a 15 year life when the street construction is the same. He felt that the proposed street widths would create significant problems with people's landscaping and did not see how the funding for the project changes between the options but that a lot Page No. 8 October 15, 1996 of money could be saved by eliminating much of the curb and gutter and storm sewer. Mayor Mertensotto asked Mr. Birch if his main impetus in doing his study was to lower the assessment cost. Mr. Birch responded that it was not his intention to either raise or lower anyone's assessment. Engineer Mogan responded to Mr. Birch's question over street life, stating that storm sewer serves the function of keeping water from infiltrating into the structure of the street and if street structure is kept dry, that will extend its life. Mayor Mertensotto stated that it has been proven that where there is curb there is longer street life and that Council adopted that street rehabilitation policy four years ago and cannot negotiate street widths for each neighborhood. He explained that Council is trying to keep the street width at 33 feet, and the traveled portion at 30 feet, and that the streets would be 34 feet, four inches from back of concrete curb to back of curb. He explained that if the streets were narrower than 33 feet, people would have a difficult time with trying to park on both sides, and also the fire department wants 20 feet of lane width for emergency purposes. He also expressed concern about the significant trees Mr. Birch had sited. Mr. Birch pointed out the locations of the significant trees or shrubs and steep grades. He stated that the rural setting of the neighborhood is beautiful and that he likes the character of the neighborhood the way it is (option 3) as opposed to the neighborhoods that have curb and gutter. Mayor Mertensotto questioned whether option 3 would be cost effective. He pointed out that the city would not build the same type of street as in option one without storm water controls to protect the streets. He stated that the problem is that this neighborhood has larger lots than Friendly Hills and other neighborhoods, so the proposed assessment is larger. He felt that more people would support full reconstruction if the proposed $4,000 per lot assessment could be lowered. Mr. John White, 1897 Wachtler, stated that he does not want the roads widened and felt that the 33 foot width would decimate the existing oak and pine trees. He did not think anyone is arguing against the curb, the storm sewer or the cost but oppose the 33 foot width. Page No. 9 October 15, 1996 Mayor Mertensotto responded that it took four years to develop the street rehabilitation policy and there a standard street width is necessary. He informed the audience that the policy, which includes the 33 foot standard, has been followed with few deviations. Mr. White stated that the neighborhood does not want the streets widened, that he does not think anyone has a problem with the curb and gutter or cost, but they do not want to lose the existing vegetation, the oak trees or the country charm of the neighborhood. He explained that his street is 19 to 20 feet wide now and all of his neighbors have driveways to facilitate eight to ten cars and do not need on- street parking. He stated that he never sees cars parked on his street. Councilmember Krebsbach asked how wide Fox Place is and stated that the streets in Friendly Hills were all wider before construction than the streets in Bunker Hills. She also asked if Council had not discussed keeping Ridge Place at its existing width. Mr. White responded that this was his understanding, because Ridge is a cul -de -sac. He stated that there are six homes on his section of Wachtler and each of the lots can park at least eight cars in the driveway. He felt that the only way the neighborhood will agree to option one is to reduce the proposed street widths. Responding to a question from Councilmember Huber, Engineer Mogan stated that the existing street widths in the neighborhood range from 19 to 33 feet. Councilmember Huber stated that what he has been hearing from neighborhood residents is that they are concerned about the street width and what he thinks Engineer Mogan says in his memo is that where 33 feet is impractical, construction could be 25 feet wide with no parking in order to accommodate retention of most of the trees. Engineer Mogan responded that that cannot be determined until the final design stage when measurements are taken. Councilmember Huber stated that from what he has heard this evening, it appears that people would like curb and gutter if the city will work with them on street widths. He stated that he is willing to do that, although he does not know if it will be possible to reduce them to 20 feet. He stated that he appreciates that the rehabilitation policy was very difficult to get approved, but if he had been on the Council when the policy was adopted he may have recommended Page No. 10 October 15, 1996 that just because it is a community wide policy does not mean there can be no deviations depending on the neighborhoods. Mayor Mertensotto responded that Council has adopted a standard and should follow it or throw it out, but one of the things Council said when it set the urban street section was that the major concern is over drainage. He pointed out that it has been the city's experience that curb and gutter make streets last much longer, which is why the 30 foot design with curb was considered best. He stated that Council does not want to force something on the neighborhood and if the neighborhood wants a different option which would not require the 33 foot width, Council should approve that option. He stated that if Council does not follow the standard it has adopted, it will be bending to public pressure each time a proposed project comes up. Councilmember Krebsbach asked Mr. White if he voted for option one. Mr. White responded that he voted for option 3 but that he made a statement on his survey that his choice was not because of cost or curb and gutter. He stated that he agrees that curb is needed in some areas of the neighborhood, but the issue is over street width. He felt that many of the residents voted for option one only because they want curbs and it is the only option that included curb and gutter. Councilmember Krebsbach felt that perhaps there would be justification for treating the Bunker Hills neighborhood differently on street widths, because the neighborhood is historic in some regards in that the sub - streets are a- typical and the lots are large and staggered. She stated that she does not want to see thirty year old oak trees removed just to build thirty foot streets. She stated that Council does not want to undermine a policy that has worked well in other neighborhoods, but that perhaps in this unique neighborhood the street width should be looked at street by street. Mayor Mertensotto responded that in Ivy Falls, the property owners did not want curb and gutter and 33 foot widths and paid for their own streets without city participation, which has set a precedent. He explained that option one would result in the most durable street but if the neighborhood does not want the option because of the street widths, the streets would need to be replaced more frequently and there would be no public participation. Councilmember Huber explained the rationale behind city financial participation in the full reconstruction option. He stated that just as Page No. 11 October 15, 1996 Council relies on its legal counsel, it must rely on its trained professional engineering staff for recommendations. Mr. Birch asked how Council can rely on staff when they cannot even say where the trees are or the street widths. Councilmember Huber responded that Engineer Mogan has done an outstanding job, not only on this project but Friendly Hills and Curley's as well. He pointed out that there is a considerable amount of money involved in getting all of the information needed for the project and Council does not authorize that kind of expenditure until a project is approved. Mr. Gerome Caulfield, 829 Hilltop, in the audience stated that he would like to express his extreme dissatisfaction with the neighborhood meeting. He stated that he is sure that most of the people who chose option one are not present this evening, and in fact most of the neighborhood is not present. He stated that he wants to hear how his neighbors feel before he makes a decision and that those who are not present do not have the benefit of hearing all the questions that are being asked tonight. He further stated that he had asked that the second meeting be a neighborhood meeting so that everyone could hear how their neighbors are impacted, but the meeting was one on one with the engineer. He stated that if a meeting is held again, he would like the whole neighborhood to get together at the same time so everyone can hear the questions and concerns of their neighbors before responding to a survey. He further stated that he would like his neighbors to know what the tax impact of the assessment would, be, that assessments are not tax deductible, and that they understand the tax consequences. Engineer Mogan responded that he mailed an invitation to everyone in the neighborhood and asked them to come and ask whatever questions they wished. Councilmember Krebsbach stated that options one and two call for 33 foot wide streets but provides for a reduction to 25 feet where there are trees. She stated that she assumes there is a feeling that if the residents selected option one there would be some flexibility. Mrs. White responded that the tree she is concerned about existed before many of the homes were built and it is three feet from the street. Engineer Mogan responded that the city has 60 feet of right -of -way and there is 20 feet of pavement now, which leaves forty feet of Page No. 12 October 15, 1996 boulevard. He explained that he could look at moving the street within the right -of -way to save the tree. Councilmember Krebsbach stated that she does not see Council as deviating from the policy if it would allow narrowing of the streets where there is a need, in order to preserve the unique character of the neighborhood. Engineer Mogan stated that after the public hearing, he heard over and over again that the residents did not want to destroy the character of their neighborhood by going to 33 foot streets if they do not have to. He informed Council that he told the residents that he though Council would vary from the policy in order to save trees, which would help preserve the neighborhood character. Councilmember Krebsbach stated that, in terms of setting precedent, Council does have to have some standard which it holds, and that she would assume that if there is a street that carries a significant amount of traffic, the community will realize that the street needs to be a certain width in order for traffic to move properly. Mr. Caulfield stated that he agrees that Engineer Mogan is doing a good job and if the engineer says that the streets must be a certain width for emergency vehicles, etc., he would understand. Mayor Mertensotto stated that the city would invest some money in the project to find out which streets would need to be narrowed in order to save trees, etc., and if Council can work with the neighborhood in that manner something can be accomplished. He informed the audience that Council cannot promise that the project will begin next spring and be done next year, but that perhaps Engineer Mogan can go back to look at the area and also to look at additional storm sewer to handle water coming off the east side of Dodd Road. He explained that another neighborhood meeting will be held at a time appropriate for the neighborhood, and stated that Council wants to work with the residents. Councilmember Krebsbach stated that she would still like to see the project constructed in the summer of 1997. Councilmember Smith stated that the street rehabilitation policy is not quite as rigid as it seems and the complete reconstruction improvement refers to the curb and gutter because that extends the life of the streets and gives a crisper look to the street. She pointed out that Council has made accommodations on street widths and wants to pay close attention to what works in the neighborhood Page No. 13 October 15, 1996 i under existing conditions. She asked what a narrower street with curb and gutter would mean to the neighborhood and what a street as narrow as 25 feet would mean in terms of parking and traffic. Engineer Mogan responded that any engineering text book requires a twelve foot driving lane, and if it is a bituminous street with curb and gutter there is 25 feet, face to face, there would be a 22 foot bituminous pavement section and two eleven foot driving lanes. He stated that while that might be an enormous width on the east coast, it is deficient in the Midwest - 25 feet would not provide room for parking, and it should be made clear to the neighborhood that if the city were to go to 25 feet and people cannot negotiate through the neighborhood because of on- street parking it would have to be marked and enforced for no parking. Mayor Mertensotto stated that 30 feet, curb to curb, is his standard, but he lost out on that when the policy was adopted at 33 feet. He explained that the city does not have sidewalks and the streets are often used by bicyclists and children and adults walking, and with curvilinear streets, 25 feet wide is very dangerous. He stated that Council tries to use the best information available and urban street sections are common - recent street reconstruction in the City of St. Paul, with curb and gutter, have greatly improved its neighborhoods. He pointed out that the city has a 60 foot right -of -way to provide adequate room for storage of snow plowed from the streets. He stated that aesthetics is not the total answer. Mr. Caulfield asked about the city's maintenance policy and stated that he would like the city to inform the residents on what the generally accepted maintenance policy in Minnesota is and what the city policy is. Responding to an audience question, Mayor Mertensotto stated that Council will direct staff to look at the area and try to locate all the trees and problems and see what can be done to move streets within the right -of -way to avoid taking trees out. He stated that Council needs to have a larger representation from the neighborhood and will call a neighborhood meeting after all of the necessary information has been gathered. RECESS Mayor Mertensotto called a recess at 9:50. The meeting was reconvened at 10:00 p.m. j CASE CAO 95 -05, STROH Council acknowledged a memo from Public Works Director Danielson regarding a request from Mr. Bernard Stroh for a one year Page No. 14 October 15, 1996 extension of his critical area site plan for a new home at 1128 Sibley Memorial Highway. Mr. Stroh was present for the discussion. Mayor Mertensotto suggested that Council could grant the extension with the caveat the permit does not run with the land and cannot be transferred to another individual. Mr. Stroh acknowledged the condition. Councilmember Huber moved to grant a one year extension on the critical area permit for Mr. Bernard Stroh, to November 7, 1997, with the caveat that permit runs to the applicant and not the land, that it cannot be transferred to a subsequent property owner, and that the applicant so acknowledges. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MANNA FREIGHT Council acknowledged a memo from Assistant Hollister regarding a request for building permit from Manna Freight. Mr. Alan Meehan, from Manna Freight, and Mr. Randy Giesen, contractor, were present for the discussion. Mr. Meehan informed Council that he would like to begin construction of Manna's world headquarters building and has reviewed the plans and details with Mr. Dale Glowa. He stated that Mr. George Burkhards, of United Properties, has submitted a letter stipulating the comments made by Mr. Glowa and Mr. Burkhards regarding suggested modifications which Manna Freight has agreed to. Mayor Mertensotto asked if the applicant has resolved the issue of access to the second story. Mr. Giesen responded that he and Code Enforcement Officer Berg are working out what can be done within the building code to keep the ladder inside the building. He explained that the access ladder to the roof top gas line with be internal on each level. He also informed Council that Manna Freight will be requesting a 20 foot sign setback variance so that its sign will conform to the United Properties sign policy. Mr. Meehan stated that he has gone through extensive redesign of the structure including a change to rock face block and tinted non - opening windows, and improvement to the exterior of the building Page No. 15 October 15, 1996 by recessing the entry. He felt that the structure will look better than the BDS building. Mr. Glowa, present for the discussion, complimented Manna Freight for the improvements made to the structure. He stated that United Properties have worked very well with Manna and appreciates the improvements Manna has agreed to make, including banding over the windows, interior drain system in the lower roof, an upgrade to complete sod and irrigation, and compliance with the United Properties sign policy. He stated that Manna has addressed all of United Properties' concerns and United Properties is very pleased with the changes that have been made. Councilmember Smith stated that typically Council sees the exterior materials proposed. Mr. Giesen responded that the primary exterior color will be sahara with a rose accent strip and the material will be rock face block. Mr. Glowa informed Council that the colors are very similar to the BDS structure and United Properties is satisfied that the building will blend in well. Councilmember Huber moved to authorize issuance of the building permit for the Manna Freights headquarters building consistent with all plans and specifications on record and with the assurance that the access to the warehouse structure will be internal ladder design. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 16 October 15, 1996 Mayor Mertensotto expressed concern over the number of semi trucks that will be coming to the site daily and where they will park. Mr. Sloat responded that MnDOT /Department of Public Safety will occupy the remodeled space, and Mn/DOT expects three to four trucks will visit the site per day. He explained that one of the activities that will be done at the Mn/DOT office is the pro -rate licensing of trucks traveling through the state. He explained that there would be an area for parking four trucks, that the building currently has a loading dock and Mn/DOT is saying that that would be enough. He stated that the trucks will be directed to the four spaces at the southwest corner of the parking lot. Mr. Laib stated that from the GNB site, Mn/DOT and the Department of Public Safety will be monitoring all of the roads in the area, so they will need a satellite. The proposed exterior stair is for emergency access. Councilmember Krebsbach stated that she would like to hear a presentation from Mn/DOT on what the actual use of the office space will be. Mr. Laib responded that Mn/DOT needs to be in the space on December 1 and the second floor remodeling will be all for office use. He explained that there will be no overnight truck parking. Councilmember Smith asked why so many parking stalls are proposed to be added if there will only be four trucks per day to the site. She asked if the parking is to serve both Mn/DOT and the trucks. She stated that her concern is that it appears there could be a lot of truck coming through. She asked if all of the trucks will come at one time. Mr. Laib responded that the truck designated area will only be four spaces and that Mn/DOT has indicated there would be a maximum of four trucks a day, so four spaces were designed in case all of the trucks came at the same time. Councilmember Smith stated that it has been Council's intention to keep truck traffic in the area to a minimum. She stated that she realizes the building remodeling is for office use, but typically there are few trucks visiting offices. She further stated that Mn/DOT appears to be taking a small portion of the building, yet generating a lot of the truck traffic. Mr. Laib responded that he leases many office buildings and most have truck traffic and loading docks for deliveries. He informed Page No. 17 October 15, 1996 Council that Mn/DOT is leasing almost 35,000 square feet, or close to one half of the building. He stated that the state agency and GNB are the only tenants of the building. Councilmember Smith asked about the potential that the truck traffic will increase to several more per day in the future. Mr. Laib responded that Mn/DOT has stated that there will only be three or four trucks a day and that as technology changes, the number of trucks per day should reduce. Responding to a question from Councilmember Krebsbach, Mr. Laib stated that the Mn/DOT operation is currently located in downtown St. Paul, in the Public Safety building. He stated that the GMB space is currently empty. He stated that GNB plans to stay at the facility but is turning the second story into generic office space. He informed Council that the lease with WDOT will be for five years with an option for an additional five years. Councilmember Smith expressed concern over the truck traffic so near to a residential area. Mr. Laib responded that the space will have standard office use and there will be some trucks, which is not untypical. Mr. Sloat stated that remodeling the space will take about six weeks, so delay would cause a hardship for GNB. He stated that it would be very difficult to put another tenant on the second floor. Councilmember Krebsbach stated that she would like to see how many trucks there will be and how that would affect development in the area. Mayor Mertensotto stated that he would rather limit the number of trucks than delay the project. He further stated that Mn/DOT would then have to find some off - premises parking for any more trucks than Council allows. Responding to Councilmember Krebsbach's concern over truck traffic at Lexington and T.H. 110, Mayor Mertensotto informed the applicants that there is a city ordinance in place that restricts the size of trucks on Lexington and the limitation starts just south of GNB. Councilmember Smith pointed out that access to the building is off the frontage road opposite from a residential area and adjacent to property that may develop as residential. Page No. 18 October 15, 1996 Councilmember Krebsbach stated that she would like to see what the operation is. She stated that she realizes it is an office function, but it is a service that licenses semi trucks from the site and she felt it would be very difficult in the future to take a stance on requiring office development in the area. Mr. Laib responded that only 15% of the building would be used for licensing - only a very small percentage of the Mn/DOT use will be to service the trucks. He explained that most of the use will be the Public Safety Department monitoring roads. Councilmember Huber stated that Council spent a great deal of time on SuperAmerica and limiting the size of vehicles coming to its site. He was sympathetic to the time constraints but felt that Council should look at the request more closely and receive a presentation by the tenants. He was concerned that Mn/DOT might also close some other licensing site and relocate it to the GNB building. Mayor Mertensotto responded that if Council places a four -truck restriction per day on the permit, the restriction should be enforced. He pointed out that GNB has trucks coming to the site every day now and he does not want them to lose the tenant. Mr. Laib informed Council that he has been working with Mn/DOT for nine months and the lease is very important to GNB. Councilmember Smith stated that she would prefer that the licensing function not be included and that she wants to be sure that Council understands all of the ramifications. Mr. Laib responded that he does not know if the lease would go through without the licensing portion of the activity but that he could discuss the possibility with Mn/DOT. He explained that the 4,900 square feet of space for licensing is in the middle of the Mn/DOT space and the rest of the use has nothing to do with licensing. He did not feel that three to four trucks per day is any different from any other office in the city. Councilmember Koch asked if Council were to place a four truck restriction on approval if there would be a possibility that after the five year lease GNB would come back again. Mr. Laib responded that it is possible and that the state might move the 4,900 square feet of licensing somewhere else but right now there is a synergy in fitting all of the departments together at the GNB facility. Page No. 19 October 15, 1996 Mayor Mertensotto stated that Council's concerns is that there could be a residential use developed directly south of GNB in the future. Councilmember Krebsbach asked how many sites Mn/DOT is considering and if a two week delay in approval would kill the project. Mr. Laib responded that MN /DOT is not looking at other sites and has given GNB a letter of intent, the lease has been drafted and furniture has been ordered. Mayor Mertensotto pointed out that GNB is an existing facility and if the Mn/DOT lease is lost the building could be vacant. Councilmember Smith stated that if Mn/DOT would agree to limit truck traffic to three or four trucks per day she could agree to approval but would want the city to have recourse if it turns out to be more trucks. She asked whether a stipulation can be made in the lease so that if there are more than four trucks per day the licensing function must vacate the premises. Mr. Laib responded that the stipulation could be put into the lease before it is executed. Responding to a question from Councilmember Smith about the tax status of the leased portion of the building, Mr. Laib stated that the building will be fully taxed since it is privately owned. City Attorney Hart stated that the city would not have the right to enforce the lease but could have the tenant sign a letter to the city stipulating that the permit is granted in reliance on the covenant that there will be no more than three to four trucks per day. This would give the city the ability to enforce the covenant. Mr. Laib stated that the truckers could come in via car to get the licenses, and if there is a stipulation on only four trucks per day, GNB could enforce the stipulation. He informed Council that GNB will request approval to install an elevator in the future. He explained that GNB staff would be located on both floors of the building and the elevator would be used for freight. Responding to a Council question on visitors to Mn/DOT, he stated that to his knowledge the Mn/DOT use will be internal office space except for licensing. Page No. 20 October 15, 1996 Councilmember Koch moved to grant a conditional building permit to GNB for remodeling the leased space which would include the modifications necessary to install an exterior stairway and fire code modifications as necessary with the provision that visitor parking is limited to passenger vehicles only and not trucks and with the understanding that GNB will obtain from its client a letter and covenant agreeing that the licensing function occupying 4,900 square feet shall not exceed four trucks per day or will the function will vacate the leased space within a reasonable amount of time. Councilmember Huber seconded the motion. Ayes: 4 Nays: 1 Krebsbach City Attorney Hart was directed to prepare a resolution granting approval of the permit for consideration on November 5. Attorney Hart informed Council that he does a substantial amount of legal work for the Welsh Companies, but GNB is the party that is deemed to be adverse so he did not believe there is a conflict of interest. The applicants were informed that the conditional approval relates only to the remodeling and parking expansion and does not include the elevator. ENTERPRISE CORPORATE Council acknowledged a letter from Mr. Dale Glowa, United CENTRE Properties, requesting approval of tenant signage for the Enterprise Corporate Centre. Council also acknowledged an associated memo from Public Works Director Danielson. Mr. Glowa was present for the discussion. Mr. Glowa stated that that signage policy proposed is for signs that will be attached above each tenant entry. He explained that the band will be the standard light brown color upon which each tenant can place its logo and sign. He explained that each tenant sign must fit the space provided and will be subject to United Properties' approval. The signage includes two sizes, depending on the size of the tenant: single tenants leasing an entire suite entry and multiple - tenants which would be two signs representing two tenants that share a suite entry. Councilmember Krebsbach moved to approve the sign policy for Enterprise Corporate Centre as submitted. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 21 October 15, 1996 AIR NOISE Council acknowledged a memo from Administrator Batchelder regarding Airport Relations Commission recommendations for additions to the Mitigation Committee recommendations regarding airport operations and airport mitigation activities. Council also acknowledged a letter from Mr. & Mrs. Courtney Pince regarding FAA/MAC Part 150 eligibility for his home which was not included in the program but is in the same block and same side of the street as other homes on Wagon Wheel which were selected for the program. Mr. & Mrs. Pince were present for the discussion. Mayor Mertensotto stated that one item he has wanted back into the recommendations is that the cities recommend where the boundary blocks should be since the cities are more familiar. Administrator Batchelder informed Council and the Pinces that the city has received a very detailed map from MAC on the Part 150 Program which shows where LDN contours cut through blocks. He stated that the map shows that four homes west of Rogers Lake on Wagon Wheel should be included in the program, but that the city has not heard formally from MAC that those homes will be included for 1997. Mayor Mertensotto briefly discussed the recommendations. He stated that it is his contention that all of the Curley neighborhood, all of Wagon Wheel Trail, the Rogers Lake Addition and all of the original Friendly Hills should be included in the Part 150 Program because all of those areas are subject to 90 dB but they are not in LDN 65. He also informed Council that he will be pushing to get an agreement in place on completion of the north -south runway before the legislature is back in session. Councilmember Krebsbach stated that a resident complained to her about C -130's doing night flights low over Mendota Heights and she would like fore information on the issue. She pointed out that there was a recent crash in Italy during a low approach operation and she was concerned over safety issues. Mayor Mertensotto responded that the MAC has no control over military operations. Responding to a question from Councilmember Huber, Administrator Batchelder stated that MAC delivered a very detailed map to the city two weeks ago showing LDN 65 contours and all of the homes in the city that are eligible for Part 150. He informed Council that it was apparent on the map that LDN 65 intersected the blocks on the north side of Wagon Wheel and east of I -35E and only Page No. 22 October 15, 1996 two homes are included in the program. He stated that the MAC staff has agreed there was an error and the city has asked MAC to make a decision - the other homes should be included if the boundary maps are correct. Councilmember Huber asked what the city can do for the Pinces and stated that the city should at least get MAC to admit that the properties should be included in the program Mayor Mertensotto stated that he believes the Part 150 money for 1997 and 1998 will principally go to Minneapolis and perhaps Bloomington if the 4 -22 runway recommendation is approved. Mr. Pince stated that the planes are coming more rapidly - every forty seconds, and the ones between 9:00 p.m. and 1:00 a.m. are the most bothersome. Councilmember Smith stated that she pointed out at the MASAC meeting that the number of planes seems to be increasing and they are flying later. She stated that since MAC has little control over the planes that are delayed in the evening, she suggested cutting back on the shoulder hours. Administrator Batchelder stated that he will be at the MAC on October 16 and will try to get a confirmation from Mr. Vecchi that the homes on Wagon Wheel will be included in the program. It was the consensus of Council to approve the recommendations of the Airport Relations Commission and direct the Mayor to advocate inclusion of the Airport Relations Commission's recommendations in the MSP Mitigation Commission recommendations. COUNCIL COMMENTS Councilmember Huber informed Council on comments he has received from Friendly Hills residents wanting a stop sign at Decorah and Apache. The matter was referred to the Police Department for review. Councilmember Huber expressed concern over safety on Delaware Avenue at Huber Drive. He stated that although there is a no- passing zone on Delaware, people going south on Delaware try to go around cars turning onto Huber and there is very poor visibility and no turn lane. It was the consensus to direct staff to refer the matter to the Dakota County Highway Engineer, asking that the County construct a right turn lane along southbound Delaware at Huber. Page No. 23 October 15, 1996 ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:30 o'clock A.M. ATTEST: Charles E. Mertensotto Mayor Kaihleen M. Swanson, City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL Excavating Contractor License Tom Melling Excavating Inc. General Contractor License Fendler Construction Acme Awning Co.Site Works Design, Inc. Site Works Design Inc. I