1996-05-21 Council minutesPage No. I
May 21, 1996
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, May 21, 1996
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, was held at 8:00 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
Mayor Mertensotto, called the meeting to order at 8:00 o'clock P.M. The following members were
present: Mayor Mertensotto, Councilmembers Huber, Krebsbach and Smith. Councilmember Koch had
notified Council that she would be absent.
AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda
for the meeting.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the regular
meeting held on April 16, 1996 with correction.
Councilmember Huber seconded the motion.
Ayes: 3
Nays: 0
Abstain: 1 Krebsbach
Councilmember Krebsbach moved approval of the minutes of the
regular meeting held on May 7, 1996 with corrections.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for
the meeting, revised to add item e, Somerset View Association
donation, to the regular agenda, along with authorization for
execution of any necessary documents contained therein.
a. Acknowledgment of the minutes of the May 14, 1996 Parks and
Recreation Commission meeting.
b. Acknowledgment of the minutes of the Fire Department monthly
report for April.
c. Approval for the Fire Department to contract for use of the City
of Rosemount fire safety house for the Fire Prevention Open
Page No. 2
May 21, 1996
House, along with authorization for execution of the contract by
the Mayor and City Clerk.
d. Acceptance, with appreciation, of a donation of $5,964.00 from
Mr. and Mrs. Lawrence Culligan to be used for the purchase of
two Life Link Heart Start devices
Acceptance, with appreciation, of a donation of $182.93 from the
Somerset View Pioneer Association, with Council direction to
staff that a Red Splendor Crab tree be purchased and planted at
the comer of Victoria Curve and Lexington Avenue to begin a
row of new trees at the Civic Center site.
f. Adoption of Resolution No. 96-27, "RESOLUTION
ESTABLISHING A RESIDENTIAL WATER SERVICE
CONNECTION POLLICY TO PROVIDE CITY WATER
SERVICE TO SERVE PROPERTIES ABUTTING
WENTWORTH AVENUE (IMPROVEMENT NO. 85-4,
PROJECT NO. 9611)."
g. Authorization to hire Darrin Heutmaker, Tim Conway, Joel Paper
and Patrick Conway as part time summer helpers for the Public
Works Department.
h. Approval to hire Curtis Wirnpee' and Jason Skramstad as
temporary engineering aides until November 1, 1996 at an hourly
rate of $ 10.00 per hour.
Acknowledgment of a memo from Recreation Programmer Chris
Esser and a letter from the Mendota Heights Athletic Association
requesting funding assistance for a youth basketball program, and
approval to provide a $2,000 one-time subsidy to help initiate the
youth basketball program, with efforts to recruit Mendota Heights
youth of both genders to participate.
Acknowledgment of a memo from Parks Project Manager
Kullander and approval to expend $4,500 from the Special Park
Fund for installation of a basketball half court on the parcel of
land known as Valley View Heights Park, recognizing that the
property is not an official city park.
k. Authorization for payment of $2,768.01 to Independent School
District 197 Community Education for the 1995 Summer Under
the Sun Program.
Page No. 3
May 21, 1996
1. Authorization to schedule a public hearing on an application
from the Heritage Inn for renewal of its Limited Service Hotel
and On -sale Sunday Liquor licenses.
m. Authorization for Attorney Kevin Rupp to serve and file the
dismissal of third party claims with respect to the Local 320
litigation.
n. Adoption of Resolution No. 96 -28, "A RESOLUTION
GRANTING A CONDITIONAL USE PERMIT TO US WEST
FOR CELLULAR APPARATUS ON SIBLEY HIGH
SCHOOL," as amended, along with approval of the site plan and
development agreement and authorization for its execution by the
appropriate city officials.
o. Acknowledgment of memos from the Interim City Administrator
and City Clerk regarding temporary summer employment and
authorization of the following actions: temporary assignment of
Nancy Bauer as Senior Secretary at the rate of $15.12 per hour,
effective June 3, 1996 until September 9, 1996; authorization to
retain a temporary agency to provide a full -time temporary
secretary at the lowest hourly rate possible up to a maximum rate
of $16.00 per hour; authorization to retain the services of a
professional minute taker for an amount not to exceed $1,200;
and authorization for staff to retain part -time temporary
secretarial help, on an as- needed basis utilizing the
Administration temporary secretarial budget.
p. Adoption of Resolution No. 96 -29, "RESOLUTION
AUTHORIZING ENGINEERING STAFF TO SUBMIT AN
APPLICATION FOR A METROPOLITAN COUNCIL
ENVIRONMENTAL SERVICES (MCES) LOAN FOR AN
INFILTRATIONANFLOW CONTROL PROJECT."
q. Authorization for staff to negotiate a two year contract for
Professional Planning Services with McCombs, Frank, Roos
Associated Consultants, effective June 1, 1996, for a monthly
retainer of $1,300, with Ms. Meg McMonigal to serve as
principal planner and Ms. Theresa Greenfield to serve as back -up
planner.
r. Approval of the list of contractor licenses dated May 21, 1996 and
attached hereto.
s. Approval of the List of Claims dated May 21, 1996 and totaling
$146,485.38.
Page No. 4
May 21, 1996
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
PUBLIC COMMENTS Mr. John Nides was present to request an extension of the pedestrian
trail for the Curley Addition, striping along Lexington Avenue to
keep children on bicycles to the sides of the street.
Mayor Mertensotto stated that city staff will look into restricting
parking and what can be done for striping on the reconstructed
streets.
There was discussion over how parking and the pedway work on
Decorah Avenue.
WATER QUALITY Mr. Joe Reyman, Environmental Studies instructor at St. Thomas
Academy, and cadets Andy Beaham and John O'Hara were present
to report on the results of the Environmental Studies class' analysis
of the quality of Roger's Lake water.
Mr. Beaham and Mr. O'Hara informed Council on the testing
locations and reviewed the levels of phosphorous, coliform,
yeast/mold, chlorine, nitrates and other elements. They informed
Council that the water quality is slowly improving. The students
responded to Council questions, and stated that they will submit the
1995 readings to the city for comparison purposes.
Council expressed its appreciation to Mr. Reyman and the students
for their efforts.
LIQUOR LICENSE HEARINGS Mayor Mertensotto opened the meeting for the purpose of
conducting a public on applications from the Courtyard by Marriott
for renewal of its Limited Service Hotel On -sale and On -sale
Sunday liquor licenses.
Mayor Mertensotto asked for questions and comments from the
audience.
There being no questions or comments, Councilmember Krebsbach
moved that the hearing be closed.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
Page No. 5
May 21, 1996
Councilmember Krebsbach moved approval of the renewal of On-
Sale Limited Service Hotel and Motel and Special Sunday On-Sale
Liquor Licenses for the Courtyard by Marriott Hotel.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0 Mayor Mertensotto opened the meeting for the purpose of a public
hearing on applications from the Somerset Country Club and
Mendakota Country Club for renewal of their Club On-Sale Liquor
Licenses.
Mayor Mertensotto asked for questions and comments from the
audience.
There being no questions or comments, Councilmember Smith
moved that the hearing be closed.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0 Councilmember Krebsbach moved approval of the renewal of Club
On-Sale Liquor Licenses for Somerset Country Club and Mendakota
Country Club.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0 Mayor Mertensotto opened the meeting for the purpose of a public
hearing on an application from Mendota Liquor for renewal of its
Off-Sale Liquor License.
Mayor Mertensotto asked for questions and comments from the
audience.
There being no questions or comments, Councilmember Huber
Ayes: 4 moved that the hearing be closed.
Nays: 0 Councilmember Smith seconded the motion.
Councilmember Huber moved approval of the renewal of an Off-
Ayes: 4 Sale Liquor License for Mendota Liquor.
Nays: 0 Councilmember Smith seconded the motion.
CASE NO. CAD 96-01, Council acknowledged an application from Mr. Arvell Helton for
HELTON/FLEMING modified critical area site plan approval to allow construction of a
screen porch at 1902 Glen Hill Road for Mr. and Mrs. Robert
Fleming. Council also acknowledged a report from Code
Enforcement Officer Berg with respect to the application. Mr.
Helton was present for the discussion.
Page No. 6
May 21, 1996
Councilmember Krebsbach pointed out that the back of the property
is not on the bluff line and the proposed construction will not affect
he bluff at all. She stated that there is a drive behind the Fleming
home and another house between it and the bluff line.
Councilmember Krebsbach moved to approve the modified critical
area site plan to allow construction of a fourteen by sixteen foot
screen porch addition at 1902 Glen Hill Road, along with waiver of
Ayes: 4 the critical area application fee.
Nays: 0 Councilmember Smith seconded the motion.
MIDDLE SCHOOL Council acknowledged a memo from Administrative Intern Hollister
regarding an application for building permit from Independent
School District 197 for a new middle school to be located on
Mendota Heights Road at Huber Drive and for a tree removal
permit. Council also acknowledged a letter from Mr. Chuck
Stroebel, Environmental Scientist with the Minnesota Department of
Health, to Mr. Thomas Smith regarding EMF concerns and letters of
support from eleven residents. School Superintendent Dr. Robert
Monson and the project architect, Todd Wichman, were present for
the discussion.
Dr. Monson informed Council that the school district is requesting
approval of a building permit for the $12 million middle school and
a tree removal permit relative to the construction. He also submitted
the current schematic design for the project.
Mayor Mertensotto noted that there are two traffic cuts into Mendota
Heights Road, one for buses and one for general traffic, but was
concerned that the cuts are only 30 feet wide. He felt that the width
is very narrow for buses.
Mr. Wichman responded that the plans had originally shown 24 to
26 foot curb cuts at each entrance to the site but they were widened
to 30 feet at the request of city staff. He stated that the curb cuts
could be widened if Council desires, and although he is comfortable
with the thirty foot width, the question could be referred to a
transportation specialist for review. He explained that the buses will
be one way traffic movement in and out and that there are wide
turning radiuses.
Public Works Director Danielson informed Council that a 30 foot
curb cut is the maximum allowed by ordinance and a variance would
be necessary for a wider cut.
Page No. 7
May 21, 1996
Mayor Mertensotto stated that costs would be minimal to widen the
cuts now.
Dr. Monson responded that he would discuss the matter with the
district's transportation staff. He explained that the plan is to have
the buses come in at one time and then they will go to the traffic
circle and come back out again in single file in and out.
Councilmember Smith stated that the turn radius is important and
that she would like to have a transportation specialist review the
plan.
Mr. Wichman stated that the district does not want to put itself into
the position where a variance would be needed and has worked very
hard to avoid variances or conditional use permits. He stated that
the basis of the design was the safety of the students, and that all of
the buses must come in at the same time and wait until all are ready
to leave.
Mayor Mertensotto responded that the issue is one of safety and
practical limitations and now is the time to look at widening the
cuts, as the philosophy on what is needed may change in the future.
He stated that if a variance is needed, he would think there is very
good reason for granting one. He pointed out that there is a notation
on the construction drawing that the driveway cuts are by city code,
and stated that he does not want the district to come back in the
future and say that the cuts are too small because of the city's
requirement and changing it would be very costly.
Councilmember Krebsbach stated that she understood that the
exterior of the structure would have more of a residential look.
Dr. Monson reviewed the concept design, stating that the building
will be presented with the most residential feeling possible, and that
it is the intent to keep the deciduous trees on the perimeter of the
property as must as possible. He explained that there will be
minimal view of the building from the road.
Mr. Wichman stated that he wanted to bring down the scale of the
building as much as possible, and put in several jogs in the building.
He stated that for long -term maintenance, the exterior will be brick.
He explained that there is striping on the building to bring down the
scale and there is a lot of texture in the brick on the lower level and
different brick colors.
Councilmember Krebsbach asked if there has been any discussion
about the roof line.
Page No. S
May 21, 1996
Dr. Monson responded that the district tried to come up with
something that would give a residential appearance but could not do
so within the economics of the project. He explained that the cost
for a different type of roof from the flat roof proposed was
absolutely prohibitive. He further stated that the structure is
approximately 129,000 square feet in size. Dr. Monson informed
Council that the neighbors have been involved at several points in
the planning process and that representatives of the district have met
with neighborhood groups. He stated that the neighbors' concerns
over drainage and retention of trees, etc., have been dealt with. He
explained that along the pond is a very steep hill, and moving down
towards Huber Drive where the building will be. He stated that he
believes that the residents on the west side of the pond will have
minimal siting of the building, and the plan maximizes the existing
characteristics of the land and retention of the forested areas.
Mr. Wichman informed Council that there will be a six foot fence
along the soccer area to keep balls off of Huber, and larger trees
which must be moved from other areas of the site will be relocated
to the end of the field also. He stated that the district would prefer to
locate trees as closely as possible to each other to screen the field
and keep balls on the site while avoiding high fencing. He informed
Council that the soccer parents had recommended trees. He stated
that the district will do as much as possible to relocate trees along
Huber and to the north of the property, and as many of the trees to
the north side that can be left will be left. He stated that grading will
be done so as to keep water from draining to the north, and the
soccer field was located as far south as possible so as to provide a
significant amount of green space to the north. He informed Council
that the district had intended to provide a track to the west of the site
but right now the plan does not show the track. He stated that he
believes the grades have been worked out to loop a path outside the
perimeters of the exercise area, and the path will hook up to the city
trail.
Responding to a question about the neighborhood's opportunity to
respond to the exterior, Dr. Monson stated that the district has been
very sensitive to the neighbors concerns and input and that he
believes when the building is built everyone will be very pleased
with the exterior of the building as well as to the total development
of the site.
Councilmember Smith asked Mr. Wichman to provide copies of the
color slides of the computer image of the proposed building as well
as a color board to give an accurate representation of the colors.
Page No. 9
May 21, 1996
She stated that the architect has done a very good job of breaking up
a very large building and asked if this treatment was more costly
than a simple design.
Mr. Wichman responded that the main reason for the building is the
students, and the district set up parameters, one of which was that
every classroom must have a window. Given that value, he stated
that the building begins to take on a certain shape and it has been
his experience in designing school buildings that extra corners and
other things that break up a building do not add significant cost.
Councilmember Smith stated that there are areas of ingress and
egress that could be affected by the screening in terms of sight line
and safety at the site entrance.
Mr. Wichman responded that the vegetation has been held back so
that there can be sight lines on the road, and the only concern is the
east edge of the bus area where there is a slight height variation that
helps the sight line. He stated that this entrance will be signed for
buses only.
Councilmember Smith informed Mr. Wichman that the corner of
Dodd and Mendota Heights Road is a focal corner for this part of the
city, and that the city is developing a park across the street. She
stated that she hopes that the school district will make that corner as
attractive as possible. She asked Mr. Wichman to look at cleaning
out the underbrush and cleaning up the corner.
Responding to a comment from Mayor Mertensotto that the
boxelder and cottonwood trees should not be relocated, Mr.
Wichman responded that most of the trees that will be relocated are
ash trees, as they have the best chance of survival.
Mayor Mertensotto pointed out that silt fences must be put in place
during construction and that the wetlands must be protected. He
asked if there are any easements around the ponds or if the ponds
will be brought into the city's drainage system. He also stated that
he would like to see an additional three feet of width on each side of
each of the entry drives.
With respect to the drive width, Dr. Monson stated that he will talk
to the transportation staff, and that as long as the city is willing to
work with the school district on the variance he would look into
widening.
Page No. 10
May 21, 1996
Councilmember Smith stated that she would like a traffic engineer's
report on the issue, and she asked if busses would be allowed to use
the other entrance.
Dr. Monson responded that it is possible if there were a large event
at the school that the other entrance may be needed, but that would
be the extreme. He informed Council that he will meet with the
transportation staff and if they think wider curb cuts are needed he
will come back for a variance.
Mayor Mertensotto stated that he would not want the district to go
through any extra hoops and would want Council to grant approval
for wider curb cuts tonight if the district feels wider cuts are needed.
He pointed that there is a problem at Lake Drive, and the buses
going into St. Thomas have problems getting in and out. He
informed Dr. Monson that the city staff must review the building
and drainage plans and wetlands requirements and determine if there
is a need for the city to reserve easements.
Mr. Wichman stated that it would help him considerably, if the
whole building is being reviewed for ordinance requirements, if
Council would grant footing and foundation and site work permits
so that he can state at an earlier time if there is any delay for
consideration of easements.
Mr. Thomas Smith, who was present for the discussion, reiterated
concerns he had expressed to Council at past discussions. He stated
that he had expressed that the bus entrance and exit is located in the
worst place on Mendota Heights Road for visibility and drivers will
be unable to see buses turning in or out.
Mayor Mertensotto responded that Council has received requests to
change the speed limit along Mendota Heights Road and tried to
reduce the limit to 30 mph, but the Commissioner of Highways only
approved a reduction to 35 mph. He felt that once traffic increases
and the school is running, the state will allow the 30 mph limit,
which will improve traffic conditions. He did not feel that the grade
change is significant and pointed out that there will be a cleared area
between the road right -of -way and the tree line.
Mr. Smith again expressed his concern over the proximity of the
school to the high voltage power lines that traverse the site. He
stated that he has provided the city with copies of much
communication on the issue, and he reviewed articles from scientific
journals on the risks of EMF exposure. He also responded to the
letter from Mr. Stroebel, stating that based on the evidence available,
Page No. 11
May 21, 1996
he believes the site is a cancer risk zone. He also reviewed and
responded to a letter to the editor published in the Sun Newspaper.
He stated that in his opinion it is just plain dumb to build a school
near power lines, and that the Council has a responsibility to address
the risk if the school district is unwilling or unprepared to do so. He
explained that there are simple steps the school district could take -
they could collect readings by an independent body on the footprint
of the building itself. He stated that none of the NSP readings were
taken on the footprint, and that the readings should be taken after the
power lines have been raised. He further stated that it is likely that
EMF exposure will be reduced when the power lines are raised, but
readings should be taken.
Mayor Mertensotto responded that Council is being asked to
approve a building permit within Council's level of authority, and
that Council did ask the district to address the EMF issue. He
explained that Council told the school district to use an independent
firm for readings rather than NSP, but the most Council could do is
to adopt an ordinance directed to the power company saying that it
cannot increase the potential EMF of any transmission line within
the city without Council approval. He stated that in response to Mr.
Smith's concern, the school district raised the power lines, and that
while there should perhaps be on -going monitoring, Council does
not run the school district. He felt that an independent report on the
milligauss readings would possibly be a comfort to parents, and may
determine that the poles need to be raised higher. He stated that Mr.
Smith's concerns are legitimate, but that the Council meeting is not
the appropriate forum for the debate.
Ms. Mary Lemons, a resident on Apache Lane, expressed concern
about the amount of noise that will be absorbed by the site from I-
494. She stated that with the development of this site, the noise
generated by the freeway will increase to the north when some of the
berms and topography change and trees are removed.
Mayor Mertensotto responded that the most likely result will be that
it will be quieter, as the building will block the noise.
Councilmember Huber moved to approve the issuance of a building
permit and tree removal permit subject to staff review of all code
requirements including Building Code, drainage easements needed
for any ponds brought into the city's drainage system, and if there
are any delays for easement preparation, plan review, etc., staff is
authorized to issue a footing and foundation permit; and, if it is
determined by the school district traffic engineer that width of the
entrances from Mendota Heights Road should be increased for
Page No. 12
May 21, 1996
safety reasons, that a variance from the 30 foot curb cut requirement
of the zoning ordinance is granted to 36 feet.
Councilmember Krebsbach seconded the motion.
Mayor Mertensotto suggested that the school district contact the
MAC for decibel levels over the site.
Councilmember Smith stated that the school is something the
community has been waiting for and wants, and for those reasons,
she is excited as well, but there has been an issue raised over
whether the city should issue a permit because of the power lines.
She stated that people do not have a choice where they send their
children for school, and there have been studies which have
recommended a maximum EF level of two milligauss. She felt that
while the information is inconclusive, it would be prudent to pay
attention to the concerns. She expressed concern over the health of
the community's children, and stated that her concern could be
considerably reduced by simple testing. She stated that she is also
concerned about the increasing regulatory nature of government, but
the potential huge cost to the school district should be considered if
in the future the school does not meet the guidelines. She stated that
there are suggested standards that can be followed and the issue
could be put to rest if there were additional monitoring.
Mayor Mertensotto recommended that the school district investigate
the economic feasibility of testing annually for milligauss readings
for the safety of those who will use the facility.
Councilmember Krebsbach moved to amend the original motion to
recommend to the school district that it investigate the feasibility of
monitoring the milligauss affect of the transmission lines traversing
the property.
Councilmember Huber seconded the motion
Vote on Amendment:
Ayes: 4
Nays: 0
Vote on Original Motion:
Ayes: 4
Nays: 0
TREE RESTORATION Council acknowledged a letter from Mr. James Losleben and Mr.
Bill Simek requesting the city's assistance in acquiring and planting
nine Linden or Ash trees along Pagel Road and Keokuk to enhance
the landscaping on a parcel of Mn/DOT right -of -way. Council also
acknowledged a memo from Civil Engineer Mogan. Mr. Losleben
and Mr. Simek were present for the discussion.
Page No. 13
May 21, 1996
Mr. Losleben stated that he is requesting approval to follow a
planting scheme similar to what was done in the Friendly Hills
improvement project., and he explained the project for Council and
the audience.
Mayor Mertensotto asked what organization is in place to continue
maintenance on the property.
Mr. Losleben responded that on -going maintenance is always an
issue, but he only expenditure from the city is for the planting of the
trees.
Engineer Mogan stated that seeding and mulching will be done
under the Friendly Hills construction contract and costs can be
financed through the project's contingency.
Councilmember Smith moved to amend the Friendly Hills
construction contract to authorize the purchase of nine trees for the
sum of $1,800 and the planting of the trees in the area between Dodd
Road, Keokuk and Pagel Road.
Councilmember Krebsbach seconded the motion.
1 Ayes:4
Nays: 0
Mr. Larry Mack stated that his is the first house on the cul -de -sac on
Pagel and he does not know where the trees would be located but
feels the clean up of the site will be hindered because people drive
four -wheel vehicles across the property. He explained that in the
past it was a bus waiting area and people now drive on the grass.
Mayor Mertensotto responded that Council did not want a diagonal
parking area to avoid that situation, and that is why there is only
parallel parking now.
Councilmember Smith cautioned staff to make sure the trees will not
obstruct the view of people approaching the intersection. She also
asked if Mn/DOT approval is required.
Mayor Mertensotto responded that Mn/DOT will have to give its
consent.
ZIGGY'S Council acknowledged a memo from Administrative Intern Hollister
relative to a request from Mr. Larry Mack for approval of set up an
outdoor eating area of three tables outside the mall in front of
Ziggy's and three tables inside the mall in front of Old America.
Council also acknowledged a letter from Mr. Mack explaining his
Page No. 14
May 21, 1996
request, a letter of agreement from Paster Enterprises, and a letter
from Planning Commissioner Friel.
Mayor Mertensotto stated that he agrees with Commissioner Friel
that this would be a change and set a dangerous precedent. He did
not feel that Council should amend the conditional use permit for the
shopping center, as Council does not want outdoor sales.
Mr. Mack responded that he is asking for outside seating and for
outside sales - outdoor seating is essential to the growth of his
business. He explained that the common area is wide open and that
he has talked to he other merchants, only one of whom objects, and
that he has had many requests from his customers.
Mayor Mertensotto stated that the conditional use permit does not
permit outside sales, nor does Council want to allow it. He
suggested that Council could grant a temporary license on an
experimental basis provided Mr. Mack agrees that if there are any
problems brought to Council's attention from the general public
over maintenance, etc., the permit would be withdrawn.
Mr. Mack stated that if it rains, some of the tables will be taken
down and moved under the awning. He stated that he is not asking
for approval of outdoor soda sales.
Mayor Mertensotto stated that Mr. Mack must submit written
consent to the city that if there are any written complaints to the city
of any nature, he will be given written notice and must cease the
outside operation within ten days. He suggested that the temporary
permit be issued on an experimental basis until October 15.
Councilmember Krebsbach stated that she thinks it is good to find
an accommodation and that the city needs an outdoor eating area.
She felt that the area where the tables would be located looks like it
was designed for an eating area.
Mrs. Mack stated that it is traditional for coffee houses to have
outside seating and it is also a deterrent to skateboarders.
Councilmember Smith suggested that Mr. Mack work with Mr.
Paster on the location of the planters.
Mr. Mack stated that he would like to have staff out in the area and
take orders outside, and he asked if he could have soda sales from a
cart at night.
Page No. 15
May 21, 1996
Councilmember Krebsbach stated that Mr. Mack should stick with
service and not sales outside.
Mr. Mack responded that he would, and that orders would be taken
at the door and delivered to the tables. He informed Council that he
is considering having a musician on Saturday evenings, like many
coffee houses do.
It was the consensus not to allow live music.
Councilmember Krebsbach moved to approve a temporary special
license on an experimental basis for outdoor seating in front of the
caf6, the license sunseting on October 15, 1996, with the
understanding that outdoor sales are prohibited and if the city
receives any written complaints the permit will cease upon ten days'
notice to Ziggy's.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 96 -11, UNITED Council acknowledged a memo from Administrative Intern Hollister
PROPERTIES regarding continued discussion on an application from United
Properties for a conditional use permit for planned unit development
and preliminary plat approval for two multi - tenant industrial
buildings at the corner of Enterprise Drive and Pilot Knob Road.
Mr. Dale Glowa, from United Properties, reviewed new renderings
for the building. He explained that the proposed "spec" building is a
long building but the curvature of the site allows a bend in the
building, so while it is still long, from any view along Enterprise
Drive it will not look so big. He informed Council that Sun Country
Airlines will be one of the tenants.
Mayor Mertensotto stated that there must be some way, by
ordinance or other, that the city can exercise some control over
complete repainting of a building in the industrial park.
Mr. Glowa stated that United Properties has recorded protective
covenants with all the land and that sets guidelines where United
Properties has the sole right to review color, materials, exterior
signage, lighting, on -going maintenance, etc.
Mayor Mertensotto directed Assistant Hollister to put on -going
maintenance down as a planning item to consider. He pointed to a
Page No. 16
May 21, 1996
pink building in the industrial park that really stands out from the
other buildings.
Councilmember Smith expressed appreciation to Mr. Glowa for
what he has done to reduce the impact of the building size and also
for adding some phase two screening.
Mr. Glowa responded that United Properties is going to transplant
some of the existing spruce trees which need to be thinned from the
site and will plant them around the pond.
Mayor Mertensotto suggested changes to the proposed resolution
with respect to the amended PUD meeting the city's current
requirements for a PUD in the industrial district, deleting condition
four, and changing references from new PUD to amended PUD.
Councilmember Huber moved adoption of Resolution No. 96 -30, "A
RESOLUTION APPROVING AN AMENDED PUD FOR
ENTERPRISE CORPORATE CENTRE," amended as
recommended by Mayor Mertensotto.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
PARK SHELTERS Council acknowledged a memo from Parks Project Manager
Kullander regarding the Parks and Recreation Commission
recommendation to construct two picnic shelters, identical to the
design of the Kensington Park shelters, at Wentworth Park.
Mr. Kullander explained that the commission wanted him to bring
back its original recommendation, and he reviewed the commission
discussions and planning which has taken place. He stated that the
commission feels that the design of the Kensington buildings has
been well received and that they would like to maintain the
continuity in the park system. He stated that Wentworth is the
highest use park for small groups and the shelters are designed for
small groups.
Councilmember Smith moved to authorize payment of $500 to
Station 19 Architects for the release of the design documents and to
direct staff to prepare bid packages for the construction of two
shelters in Wentworth Park, funding to be from the Special Park
Fund.
Councilmember Huber seconded the motion.
Ayes:4
Nays: 0
Page No. 17
May 21, 1996
SPRINT ANTENNAS Council acknowledged a memo from Interim Administrator
Batchelder regarding a request by Sprint for permission to place up
to twelve antennas on the city water tower. Council also
acknowledged a proposed lease agreement.
Mayor Mertensotto reviewed negotiations which have occurred and
recommended approval of the negotiated agreement. He stated that
the water tower is a premium location and Ms. Debra Michaels, of
SBA, is willing to locate the antennas in the same ring as U.S. West.
He recommended approval of a maximum of three sets of four
antennas for a total of twelve antennas, at a lease rate of $1,500 per
month.
Councilmember Smith agreed, stating that Council must remember
that the market rate is not what U.S. West provides, as they provide
the city with space in their maintenance building.
Mayor Mertensotto pointed out that if Sprint wishes to go on the
tower, it would not pay taxes but on their on site, it would. He
recommended rejecting the rate proposed by Ms. Michaels, $1,250
per month, as unacceptable, but rather that Council would go along
with a $1,500 per month lease with all the conditions in the memo
and an agreement with the city regarding interference, etc.
Attorney Hart felt that the lease document should be softened
considerably, as it ties things down too tightly. Mayor Mertensotto
agreed, stating that Ms. Michaels should be informed that her lease
agreement is unacceptable.
Councilmember Huber moved to approve a counter offer of $1,500
per month, or $18,000 per year, with the conditions stated in the
memo from the Interim Administrator, including annual increases
between five and eight percent.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
HOUSE BURN Fire Chief Maczko was present to request authorization for the fire
department to conduct a house burn training exercise on a home
owned by the Metropolitan Airport Commission, located in the
industrial park off of Pilot Knob Road.
Mayor Mertensotto stated that he feels it is inconsistent for the city
( to require burning pen-nits for bonfires and restrict other burning and
then authorize burning for the city's own purposes.
Page No. 18
May 21, 1996
Chief Maczko responded that the property is in the industrial district
and not in a heavily concentrated residential area. He stated that the
adjoining neighbor has been very supportive, and informed Council
that it is very difficult to give fire fighters hands on experience in a
controlled environment. He explained that the department is
required to train people in experiences they are likely to encounter,
and while there are training facilities available, they are very
expensive to attend.
Mayor Mertensotto pointed to a history of structure burns and the
complaints received.
Chief Maczko stated that if the department cannot get training
experience out of a request to burn a structure, it does not consider
the request. He stated that this structure would provide a real
training ground for the entire department at very little cost.
Councilmember Krebsbach stated that it is not in a residential area,
and unless the adjacent owner expresses a concern, she can support
the request. She noted that one advantage is that the department
would work as a team at the site.
Mayor Mertensotto expressed concern over environmental affects,
including smoke and possible asbestos in the house. He stated that
society is trying to eliminate all smoke and particulate matter from
the environment.
Chief Maczko stated that the department is required to get a permit
through the DNR, and with review of the request by the Pollution
Control Agency. He explained that the MAC has done a complete
environmental survey of the structure and the site.
Firefighter Dave Dreelan stated that he sells fire fighting equipment
and gets to know the various communities who have house burns
and can occasionally take some of the newer Mendota Heights fire
fighters along. He explained that the experience they gained has
been invaluable.
Chief Maczko explained what the training procedure would be, and
informed Council that the anticipated cost would be approximately
$840 for fire fighter hours and $400 for the Anoka County burn
team. Mr. Dreelan stated that he anticipates that the house will be
totally burned down by 1:00 p.m., and that in his discussions with
the adjacent property owner, the owner was only concerned that a
tree on his property be saved.
Ayes: 3
Nays: 1 Mertensotto
Page No. 19
May 21, 1996
Mayor Mertensotto stated that his objection is not to the training but
to the open burning and producing particulate matter, and because he
did not feel that the city should have a different standard for itself
than it sets for property owners.
After discussion, Councilmember Krebsbach moved to authorize the
fire department to execute a burning agreement between the city and
the MAC and burn the structure for training purposes.
Councilmember Huber seconded the motion.
Councilmember Smith stated that she has concerns which parallel
the concerns expressed by Mayor Mertensotto, but the extenuating
circumstance is that this is in the industrial area and has the support
of the neighbor.
ADJOURN There being no further business to come before the Council,
Councilmember Smith moved that the meeting be adjourned.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 11:55 o'clock P.M.
ATTEST:
Charles E. Mertensotto
Mayor
thleen M. Swanson, City Clerk