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1995-02-21 Council minutesPage No. 4295 February 21, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 21, 1995 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 notified the Council that she was ill and would be absent. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the regular meeting with amendment. Councilmember Huber seconded the motion. j Ayes:4 Nays: 0 CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, revised to move items 5c, Police Officer appointment, and 5g, Ivy Hill Park landscape architect, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for January. b. Acknowledgment of the Fire Department monthly report for January. c. Acknowledgment of the minutes of the February 14 Parks and Recreation Commission meeting. d. Approval of a request from St. Thomas Academy for reservation of the Rogers Lake Park and Valley Park tennis courts from April 1, 1995 to June 1, 1995 from 3:15 p.m. to 5:15 p.m., Mondays through Fridays, with the covenant that if a reservation at Valley Park proves to be problematic, St. Thomas would use Marie or Wentworth Park instead. Page No. 4296 February 21, 1995 e. Acknowledgment of a memo from Administrator Lawell regarding "Focus on Community" registration information. f. Acknowledgment of receipt of information from Treasurer Shaughnessy regarding legislative fiscal impact possibilities. g. Approval of the list of contractor licenses dated, 1995 and attached hereto. h. Approval of the list of claims dated and totaling $194,626.41. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 PERSONNEL Council acknowledged a memo from Police Chief Delmont requesting authorization to make an offer of employment to a police officer candidate contingent upon successful completion of background, physical and psychological examinations. Mayor Mertensotto stated that he has no problem with the Police Department continuing the selection process but suggested that j appointment be further contingent upon receipt of federal funding. He informed the audience that the city has been notified by the federal government that approval has been given for a grant to fund a police officer under the "COPS FAST" program but fimding has not yet been authorized for the program. Councilmember Koch moved to extend an offer of employment contingent upon successful completion of examinations and upon receipt of federal funds under the "COPS FAST" program. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 IVY HILLS PARK Council acknowledged a memo from Parks Project Manager Kullander regarding selection of a landscape architect for Ivy Hills Park improvements. Mayor Mertensotto expressed concern that the fees are based on the initial cost estimate of $20,000 and stated that Council should have some element of control. He suggested that Council authorize hiring the firm recommended by the Park and Recreation Commission, Savanna Designs (Jim Hagstrom), based on the cost estimate, but Page No. 4297 February 21, 1995 any deviation in excess of 10% of the estimate must be approved by Council in advance. Councilmember Krebsbach moved to award to Mr. Jim Hagstrom, of Savanna Designs, the contract to design landscape improvements to Ivy Hills Park with the condition that any increase or deviation in excess of 10% must be approved in advance by Council before doing the work. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Mr. William Knaus, representing the Multipartisan Coalition was present to ask if Council has taken any action to oppose the proposed Orfield legislation. Mayor Mertensotto responded that Council has taken no action to date but is aware that the proposed legislation would involve fiscal disparities on residential property and that Mendota Heights would be significantly impacted. He stated that the Governor vetoed the Orfield bill last year and has indicated he will veto the proposed bill. He further stated that the Association of Metropolitan Municipalities and League of Minnesota Cities will undoubtedly send to cities a sample resolution to oppose the bill. Mr. Tom Smith stated that he was present for the meeting in the hope that the committee supporting the school district bond referendum were going to appear and make comments on the referendum. Administrator Lawell responded that about a month ago a member of the school board had inquired about appearing before Council but he had been notified by the Superintendent of Schools last week that Mendota Heights was not scheduled for a presentation. Mayor Mertensotto informed Mr. Smith and the audience that there will be programming on the local cable television channel on February 27 which will give residents to call in and ask questions and voice their concerns about the referendum. PROCLAMATION Mayor Mertensotto read a proposed proclamation to name the week of April 23 -29 as Minnesota Volunteer Recognition Week. Councilmember Krebsbach moved to adopt a "PROCLAMATION j DESIGNATING APRIL 23-29,1995 AS MINNESOTA VOLUNTEER RECOGNITION WEEK." Page No. 4298 February 21, 1995 Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 94-35, SIGNART Council acknowledged a memo from Assistant Batchelder (DR. LEE) VARIANCE regarding Dr. Barbara Lee's application for a variance from the sign setback requirement at 780 South Plaza Drive. Council also acknowledged an excerpt from the January Planning Commission minutes and staff reports. Mayor Mertensotto noted that Dr. Lee continues to propose to place the sign on the lot line, so she is apparently saying that if Council adopts the Planning Commission recommendation regarding sign size and placement at a 10 foot setback from the property line the adoption would be meaningless. Dr. Lee responded that she does not know that she would install the sign where the Planning Commission recommended because she cannot invest a few thousand dollars and not have the sign be visible. She stated that she would have to consider other options of having the sign at the 30 foot setback or not having a sign. Mayor Mertensotto pointed out that the problem is that there are mature trees that extend out into the boulevard and that possibly the only solution to have the sign seen from Dodd would be to remove one of the trees. He explained that while he realizes that Dr. Lee has stated that the bank has two signs at the zero setback, variances were granted to the bank because originally oriented for the future realignment of Dodd Road which did not occur. Dr. Lee responded that she is leasing the property and cannot remove trees. She felt that the sign at the zero setback would be uniform with the bank signs. She stated that if the sign were located anywhere else it would not be visible from Dodd Road. Councilinernber Krebsbach stated that it would not be realistic to expect the sign to be seen from Dodd Road. Mayor Mertensotto, stated that the Planning Commission puts considerable effort and study into its recommendations and Council rarely overturns its recommendations. He stated that Dr. Lee can work with city staff to see if there might be an alternate location, not in the boulevard, if she so desires. Page No. 4299 February 21, 1995 - Assistant Batchelder informed Council that City Planner Uban visited the site in November and suggested that placing the sign ten feet from the property line would be appropriate. Mayor Mertensotto continued discussion on the matter to allow Dr. Lee to work with city staff if she wishes. CASE NO. 94 -40, Council acknowledged staff reports and other communications BJORKLUND relative to continued discussion on the application from Bjorklund Development Company for subdivision of the Swanson property located at the southwest corner of Lexington Avenue and Orchard Place. Mayor Mertensotto informed the audience that discussion on the application had been continued from February 7 in order to allow Dr. & Mrs. James Olin to retain a planner to review the Bjorklund plan with respect to the Olin property and how it might fit with future planning for the Olins. Mr. Jeff McDonald, representing the Olins, explained that he was retained to develop a concept for how their property might someday develop. He reviewed drawings of potential development, showing possible development of the Olin property and how he sees the property to the east developing. He stated that he believes the plan he suggests for the properties to the east is a better plan, stating that by using a through street the 10% grade which would be required to link up the Bjorklund cul -de -sacs would be eliminated. He felt that the plan provides better access for emergency vehicles and allows for better development of land to the south. He stated that Lot 2 on the sketch reviewed by Mr. Bjorklund at the last meeting would be more desirable (on his sketch) and all of the double frontage lots have been eliminated. He explained that the plan allows access to the Olin, Bjorklund and Rolf properties, and he felt that a through street with a 4% grade is a better answer for the property and allows for the Olin land to be better and more fully developed. He stated that the plan affects the Bjorklund parcel because the Olins would be asking the Bjorklunds for a roadway easement. He further stated that the Olins are not suggesting that a road go through now but rather that the easement be created to allow the city the flexibility for a through street in the future. He explained that the easement is on the Rolf property as well as the Bjorklund land but the Olins are not asking anything from the Rolfs at this time - that discussion could occur when someone wants to develop. Page No. 4300 February 21, 1995 Councilmember Krebsbach asked why Mr. Bjorklund would be asked for an easement now if the Rolfs are not being asked to grant an easement at this time. Mayor Mertensotto responded that the Rolfs are not platting now and their property is not being developed at this time. He stated that the Bjorklund property can be developed as shown on Mr. McDonald's drawing if the Olin development plan never takes place but the city has a 500 foot limit on cul -de -sacs and the roadway easement would be for the purpose of getting access to the 900 foot Olin cul -de -sac. He explained that Mr. McDonald is suggesting that Council require the developer of the Swanson property to bring the easement to the property line - other than that, the Olin property is not before Council other than from a planning standpoint. Councilmember Krebsbach stated that she wants it to be clear that Council is making no commitment to the lot sizes shown on the Olin drawing. Mayor Mertensotto responded that the drawing is just a future planning concept and was prepared to show in concept how the through street works for future planning. Mr. Dave Bjorklund stated that three of four of the property owners prefer his design - the Olins are discussing what they feel would be their best design. Mr. Stephan Rolf and Mrs. Isabel Rolf, were present for the discussion. Mr. Rolf stated that they have not seen the Olin plan but in general they oppose a through street because it is uncomfortably close to their house and there are some significant trees on the property line. He stated that they would need more time to think about it but will keep an open mind. Mayor Mertensotto responded that the Bjorklund plan could still be done but the Olin's planner is suggesting that the easement be acquired now to provide for a through street to the Olin cul -de -sac in the future. Mr. Rolf asked if the Illetschko property can be served, and Mr. McDonald responded that the property could be developed as a flag lot with access to the Olin cul -de -sac. Councilmember Krebsbach asked Mr. Rolf which plan he prefers. Page No. 4301 February 21, 1995 Mr. Rolf responded that he prefers the Bjorklund Plan E because he generally opposed the through street plan but he will try to keep and open mind. Mayor Mertensotto pointed out that Mr. Bjorklund is asking to plat a configuration which requires a right -of -way dedication from Mrs. Rolf. Mr. Rolf responded that they have not completed negotiations with Mr. Bjorklund yet. Mayor Mertensotto stated that Council needs to know whether the Rolfs are going to grant the right -of -way and cannot approve a plat unless right -of -way is assured. He pointed out that Council does not want to condemn the right -of -way. Mr. Rolf responded that he would like more time to consider both the Bjorklund and the Olin proposed plans. Mr. Bjorklund stated that after meeting with the Olins, the consensus is that his plan would work. He stated that the Olin are open to doing a cul -de -sac but they have opened the street and their plan maximizes their property. He further stated that the purpose for the through street would be to provide access to the Olin property but it provides nothing for his property as no lot is served by it. Mayor Mertensotto responded that the people who ultimately live in the Bjorklund might want to have access to the park to the south. He stated that the Rolfs need advise as to what they should be doing, and although they are not considering developing their site now, someone will in the future. He pointed out that the Rolfs should be given the opportunity to be heard and that Council needs to know if the Rolfs are going to join in the right -of -way and will not order a feasibility study until the issue is resolved. Mr. Bjorklund responded that he will be paying for the study and would proceed to submit the study escrow after the preliminary plan is approved. He stated that between now and the payment of the escrow he would want to get the right -of -way issue resolved but the resolution of the issue does not stop any approval of the preliminary plat. Councilmember Huber responded that the question is whether the entrance to the cul -de -sac is entirely on the Bjorklund or partly on the Rolf property. Page No. 4302 February 21, 1995 Mr. Bjorklund responded that he will come back with all of the documentation on the right -of -way matter before he asks for final plat approval and he is trying to work out the issues with the Rolfs. Mayor Mertensotto pointed out that Council could approve the preliminary plat and the Rolfs could say no to the dedication. He stated that Council does not want to get into the position where Mr. Bjorklund would ask for condemnation because he spent considerable money on the platting. He pointed out that Council knows that Mr. Bjorklund does not own the land, and stated that he must own the land he is asking to plat - Council can give concept approval and Mr. Bjorklund could come back for preliminary plat approval after he purchases the land from the Rolfs. Councilmember Huber stated that his concern is that two weeks ago he said he wanted to be sure all issues had been discussed other than the layout of the street so that action could be taken this evening. He stated that his intent in making that statement two weeks ago was so Council would not have to have any concerns over who owned what land, etc. He informed Mr. Bjorklund that these issues should have been taken care of before this evening. Councilmember Krebsbach suggested that the matter be tabled for two weeks to resolve the right -of -way issue and to be clear on the street easement. Mr. Bjorklund stated that his intent is that the Rolfs sign the final plat- he does not have to buy the property. Mayor Mertensotto responded that he would be more comfortable if Mr. Bjorklund owned the property or has an ownership right in it. He pointed out that Mr. Bjorklund must have a right to plat the right - of -way. He asked Mr. Rolf if he gives his consent to preliminary plat approval. Mr. Rolf responded that he and his mother have not given their consent. Mr. Bjorklund stated that he wanted to plat his property coming off of Orchard and develop the property alone, but was lead to believe that he would be fighting an up -hill battle for a cul -de -sac from Orchard and was told he should take the adjoining properties into account. He stated that the Olin through street proposal would decimate the tree line, and that he is trying to cooperate with the city on the overall development of the area. Page No. 4303 February 21, 1995 Mayor Mertensotto stated that Mr. Bjorklund should get a written statement of consent from the Rolfs consenting to imposing the plat on their land. Councilmember Koch stated that she agrees that Mr. Bjorklund could have come in with something for just the property he owns but he was trying to accommodate the surrounding lands. Mayor Mertensotto responded that all he is saying is that Council wants to be sure Mr. Bjorklund owns all the land he proposes to plat or that he has a right to it. He pointed out that Mr. Rolf indicated this evening that he would not sign the plat. Councilmember Krebsbach stated that she would like to be given more time, that she is concerned that Council still does not have the best concept and there is no resolution for the Olin property. She stated that if the preliminary plat is approved Council would be approving in concept a long cul-de-sac for the Olin property. She further stated that the larger issue is not just the approval for the street within the development - the Rolfs have owned their property for a long time and should be given two weeks to consider the plans. She felt that if the solution is not going to be a through street., the other property owners are not being accommodated. Mayor Mertensotto, stated that Council must be sure that all of the options have been looked at and must be satisfied that the Olin property can be developed even if there is no access off Lexington. He noted that Planner Uban has stated n his report that the Olin proposal and plan provides options for future City Councils, but all that is before Council now is a preliminary plat with right-of-way on someone else's property. Acting City Attorney Michael Duffy stated that he agrees with the Mayor's assessment of the preliminary plat proposal - the ordinance requires sufficient proprietary interest in the land - and given what the Rolfs have stated this evening, Mr. Bjorklund does not have sufficient proprietary interest. Responding to a question from Councilmember Huber, Mr. Bjorklund stated that three of the four property owners have indicated they prefer his "Plan E," and what the Olins really want is the 900 foot cul-de-sac, and all the through street would do is provide another access. He stated that his Lot 6 would be harmed under the Olin proposal. Page No. 4304 February 21, 1995 Councilmember Huber pointed out that is a similar situation to Lot 1 on the Rolf property in Mr. Bjorklund's design and not unlike Council's concern over Lot 1 in that there would be a road behind that lot as well. Mr. Bjorklund stated that he has come with every intention of working with the city and that he has a signed statement from the Rolfs indicating that they are working with him on the right -of -way. With respect to the road design, Mr. Paul McGinley, survey representing Mr. Bjorklund, stated that he would like to clarify that Council is not being asked to make a choice between the Olin proposal and Plan E. In terms of the neighborhood circulation plan, it is not a choice between a through street as proposed on the Olin drawings and Plan E - the Bjorklund Plan D shows a through street. Councilmember Krebsbach stated that she would like it to be clear that she would not be interested in condemning property of long- time property owners and is less inclined to feel that way about developers because they do not have long -time ownership. She further stated that she wants to make it clear that if the Rolfs feel that the road easement suggested in the Olin plan is good she would be more inclined towards condemnation on that basis. Mayor Mertensotto informed Mr. Bjorklund that Council must be provided with a written indication from the Rolfs that they will join in the final plat before any action will be taken on the preliminary plat request. CASE NO. 94 -25, Council acknowledged a memo from the Public Works Director MENDOTA MEADOWS and report from the City Planner relative to a request from Mr. John Mathern, Mendota Homes, to change the unit mix plan for Mendota Meadows from 17 duplexes and 2 single family homes to 12 duplexes and 10 single family homes, resulting in a density reduction of two units. Mr. Mathern, present for the discussion, reviewed the proposal for Council. Mayor Mertensotto informed the audience that Council approved the preliminary plat for the development in January, and Mr. Mathern has subsequently indicated that the project would be more viable from a marketing standpoint if there are more free - standing units. He stated that two of the units are proposed to be eight to nine feet closer to Mendota Heights Road than in the original plan, which he felt would represent a significant change unless Mr. Mathern brings them back to the original setback. He stated that one of the garages is also closer to Mendota Heights Road and Mr. Mathern Page No. 4305 February 21, 1995 has indicated he will change it. He pointed out that one of the units has been moved 14 feet closer to the east property line but Mr. Mathern has submitted an extensive landscaping plan to offset the setback change. He pointed out that there have been no changes to Outlot B but a four by 10 foot change in Outlot A. He asked if the holding capacity of the pond on Outlot A will be changed. Mr. Mathern responded that there will be no change in the holding capacity. Mayor Mertensotto stated that the proposed changes amount to splitting some of the easterly lots to accommodate more single units and fewer double units - the appearance of the project will not change. He informed Mr. Mathern that he cannot start a twin unit model unless he starts both sides, and stated that if Mr. Mathern agrees to the conditions and modifies the landscaping in accordance with the City Planner's report, Council could find the proposal to be a minor adjustment which does not need further planning review. Councilmember Krebsbach moved to find that the proposed change in the Mendota Meadows plan to adjust the unit mix from 17 duplexes and two single family homes to twelve duplexes and ten single family represents a minor change to the approved plan, and to approve a minor amendment to the planned unit development conditioned that the setbacks from Mendota Heights Road on Lots 1 and 26 be changed back to their original setbacks, that landscaping modifications be made in accordance with the City Planner's report, and that both units of the twin unit (duplex) buildings must be constructed at the same time. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 PAGEL ROAD WALK WAY Council acknowledged a memo from Public Works Director Danielson regarding proposed Pagel Road walkway improvements, regrading at the Pagel/Keokuk intersection, and bus stop improvements on Keokuk west of Pagel, including the addition of five parking stalls to the north of Keokuk and a parking lane for MTC buses to the south. Council also acknowledged letters from Mr. James Losleben and Mr. & Mrs. Stockton Forest and a copy of an informational letter from Public Works Director Danielson which had been sent to land owners abutting Pagel Road. Mr. James Losleben stated that he and Mrs. Sue Fischer had served as a neighborhood committee which met with city staff to review the Page No. 4306 February 21, 1995 proposal. He stated that he feels the plans are excellent and that he and his neighbors look forward to the future improvements. Mayor Mertensotto stated that he is concerned that the proposed parking stalls are in the area where school buses stop. He stated about cars backing out when school buses come in and would prefer parallel parking for the safety of the children. He further stated that he would also like to explore the possibility of the city acquiring the land from Mn/DOT between Dodd and Pagel because the area is so unsightly. Mr. Losleben responded that people dump leaves and trash on the Mn/DOT property and that the Pagel Road and Hazel Court property owners have talked about forming a volunteer group to clean the area and make it look nice. He stated that he will get volunteers to keep the area clean. Mayor Mertensotto directed Public Works Director Danielson to contact Mn/DOT to ask if they will turn the land over to the city. Mr. Mark Enderline, 2353 Pueblo Drive, stated that he is surprised that the first time he heard about this project was about ten days ago, in the letter from the city which stated that there is a good chance his property line would be moved. He further stated that it appears that everything has been designed and fences and trees will be lost. Mr. Losleben responded that the improvements would be in the back yards of the Pueblo Drive properties and the fences that back up to Pagel will not be affected. He explained that the road will be cut down to improve the site distance and stopping at Keokuk, which can be done without affecting fences. He further stated that it is also likely that the lilacs and shrubs along the back yards will also be preserved. He stated that there will be no additional assessments to the properties that back up on Pagel, no trees or fences will be affected, and everything that will happen behind their homes will be on public property. Public Works Director Danielson stated that the Pueblo Drive properties will be assessed for the Friendly Hills improvements but the Pagel Road improvements will not affect them. He informed Council that the property owners were notified because they back up against Pagel and there are some fences (Fischer and Bonine properties) that will need to be moved. Mr. James Baker, 2300 Pagel Road, asked how much of his yard and the ditch will be filled in. Page No. 4307 February 21, 1995 Mr. Danielson responded that the first house north of Keokuk has a brushy ditch and the brush will be removed and curbing will be installed on Mr. Baker's side of Keokuk. The north side of his driveway will e filled in just enough to put in the curb and fill behind it. He informed Mr. Baker that city staff will meet Mr. Baker on site if he wishes and will put in stakes to show him the affected area. He explained that all of the work will be done in the right -of- way and not on Mr. Baker's property. Councilmember Krebsbach asked if the property owners who will lose the bigger trees have been notified. Mr. Danielson responded that all of the trees which will be removed are in the right -of -way and the larger ones are in the ditch itself. He stated that the only contact with the home - owners in the area has been by the letter sent to the neighborhood. Councilmember Krebsbach stated that even if the trees are in the right -of -way, she feels the adjacent property owners should be notified and asked for their comments. She also felt that there should be no parking in the bus stop area at night. Mayor Mertensotto commented that the area is also a problem because people use it to park cars for sale. Mr. Dale O'Gara, 2331 Pueblo, stated that his concern is that the park and ride area would be used late at night and people will dump trash there. Mr. Danielson responded that it is not a park and ride area, but rather would be used for people stopping to wait with someone waiting for a bus. He stated that if it becomes a problem with long -term parking, signage can be installed. There being no further discussion, staff was directed to incorporate the walkway, grading, intersection re- grading and parallel parking stalls into the improvement project. PAR 3 PARKING Council acknowledged a proposed agreement and sketches from Cashill/Spaulding Properties, Inc. regarding parking arrangements for Par 3 Golf Course, along with a report from Administrative Assistant Batchelder. Mr. Spaulding and Mr. Cashill were present for the discussion. Page No. 4308 February 21, 1995 Mr. Spaulding informed Council that six new parking spaces will be created in 1995 before the peak golfing season and in two years, after the impact of the West St. Paul golf course is known, 17 additional spaces will be created if Council feels they are needed. He explained that the two new spaces will increase existing parking by 18 %, and he felt that by creating the new spaces his firm is making an honest effort to work with the city. Mayor Mertensotto asked what will happen when the city gets complaints from people living on Bachelor about on- street parking. He suggested that Council could grant approval to a building permit for the proposed deck expansion if the owners agree to do the com- plete parking upgrade within two years but also gives them the right to come back before Council at that time and demonstrate that adding the parking would be detrimental to their business. He stated that then there would be a plan in place and the owners would agree to complete the plan in two years and in 18 months, they could come and ask for an extension or reprieve from the requirement. Mr. Cashill and Mr. Spaulding agreed, stating that they would like nothing better than to have the business increase to the point where the additional parking spaces are needed. Mr. Spaulding informed Council that in order to add the 17 spaces, he may need to come closer to the street than is allowed and variances may be needed. Councilmember Krebsbach stated that she feels the owners will be very successful because of the food operation and the city feels it should be more of a golf course operation. She further stated that Council should reserve the right to not extend the parking lot should this become a restaurant operation. Mr. Cashill responded that they will not have a restaurant but rather that they are proposing serving sandwiches and beverages including 3.2 beer. He further stated that they are not planning on keeping the clubhouse open longer hours. Mayor Mertensotto directed staff to prepare a draft agreement pursuant to a parking plan that is then approved (in two years) by the City Council, with the city reserving the right to review the plans before completion of the parking. Councilmember Huber moved to authorize the Code Enforcement Department to issue a permit for the patio /deck improvements, after an agreement is signed by the applicants making the commitment for future expansion of parking. Councilmember Koch seconded the motion. Page No. 4309 February 21, 1995 Ayes: 4 Nays: 0 CELLULAR ONE Council acknowledged a letter and proposed lease agreement from CellularONE relative to its request to install six panel antennae on the city's water tower. Council also acknowledged an associated report from Assistant Batchelder. Mr. Ted Olson, CellularONE Property Manager, was present for the discussion. Mayor Mertensotto stated that he is not prepared to give concept approval to the request, stating that Council had informed US West when it made its last similar request that Council would not consider any more antennae. He informed the audience that the water tower is undergoing renovation and will be like new when the project is complete but it is not known at this point to what extent the existing antennae will cause problems for the contractor. He felt that it would be premature to give concept approval at this time and stated that he has not had time to fully review the proposal from CellularONE. Mr. Olson stated that he was lead to believe that there would be some consideration given to the request this evening. He informed Council that he has contacted the water tower contractor (TMI) and he is prepared to work with the city to try to work around the work being done on the tank. He further stated that he did not want to get the city into the position where the installation of antennae on the tank would cost the city more money in the tank project and he would be prepared to delay the installation of the antennae assuming he could get concept approval and then move forward to the Planning Commission on the conditional use permit process. Administrator Lawell informed Council that a conditional use permit would be required because the request also would include construction of a utility building. Mayor Mertensotto stated that placement of antennae on the water tower is a policy decision and that Council does not want it to look like a pin cushion. He informed Mr. Olson that at the February 7 discussion, Council made no commitment to a time table and he was informed that there would not be any assurances of approval. He pointed out that in addition to the tower reconditioning, the city is also in the process of negotiating a new water contract and must also worry about getting an extension of the main to the water tower - all of which must take priority over antennae consideration. Page No. 4310 February 21, 1995 Mr. Olson responded that his firm is licensed to operate by the FCC and part of that charge is that it must provide acceptable levels of service to its customers. He stated that CellularONE needs to increase its level of service in this area and is caught between the city which tells it to wait six,to nine months for a decision and the federal government which tells it it must do something. He explained that this is one of the reasons he proposed last time either doing something on the tank or a free standing mono pole to be installed in the industrial park, which would not interfere with the work which must be done on the tank and still allows the company to meet the federal mandate. Mayor Mertensotto cautioned Mr. Olson that there is a height limitation because of the airport flight path. He informed Mr. Olson that the city cannot even put a safety railing on the top of the water tank for the safety of those who work on it. Mr. Olson responded that every installation his firm makes requires an application to the FAA and he is aware of the problems in this area because of the proximity to the airport. He stated that he is not looking for the most premium piece of industrial land but some property that will allow a free standing structure at the height that is needed, somewhere in the northwest quadrant of the freeways. To do so, the site must be in Mendota Heights. He asked how he should proceed, whether he should look at some other locations for a mono pole. He asked for Council direction, stating that planning takes about six month from the time approval is given to a location. Councilmember Krebsbach asked how many cellular companies there are and how many requests Council might face in the future. Mr. Olson responded that there are currently two licensed cellular operators in any given geographical area and he did not think any one knows how many PCS licenses could be issued in the future but those licenses would not likely be asking for a site on the water tower. Mayor Mertensotto stated that he thinks Council should hold a workshop to determine how many antennae it wants on the tower as a policy matter. He pointed out that while antenna leases are a source of revenue, there are other considerations from an aesthetic standpoint. Mr. Olson responded that locating the antennae on a city facility would not be his first choice, but in his contacts with city staff, he was informed that staff thought it would be less obtrusive and in the Page No. 4311 February 21, 1995 city's best interest to place the antennae on the tower. He stated that he would prefer to locate on a free - standing mono pole as his firm did along T.H. 13, and further stated that he would have no objections to working with city staff to come up with a reasonable alternative location. Mayor Mertensotto responded that Mr. Olson can present whatever proposal he wishes but Council does not want to mislead him. If he locates a site and goes through the conditional use process for a mono pole and public hearings, etc., there is no guarantee of approval. He again stated that there is a question of policy involved and he is not prepared to give concept approval this evening. He explained that he will be more prepared to consider the request after Council holds a workshop to develop a policy on how many antennae would be allowed on the water tower. He stated that he would like to see what kind of problems the tank reconditioning contractor runs into because of the US West antennae and whether there will be any cost increase because they are on the tank. Mrs. Olson responded that he contact TMI for that reason and was told that the antenna that were on the tower did not materially affect TMI's bid and if he worked with them there would not be any cost to the city. He stated that he would not want to be causing the city any additional cost burden. Councilmember Koch felt that Council should give Mr. Olson some idea of its feelings on the tower versus the mono pole and if Council agrees that it does not want a free - standing pole Mr. Olson would not have to go to the effort of finding another site. Councilmember Huber stated that he would prefer the antennae on the tower to a free standing pole. Mayor Mertensotto stated that Council will have to operate within Mr. Olson's time frame and that he did not realize the request would come back so quickly. WATER AGREEMENT Council acknowledged a draft water service contract between the city and the St. Paul Water Utility, along with an associated report from the Public Works Director. Mayor Mertensotto stated that he would like to participate in the negotiations with St. Paul because it involves many policy concerns. He asked if any Council members would like to be involved. Councilmember Krebsbach volunteered to participate. Page No. 4312 February 21, 1995 WATER TOWER Mayor Mertensotto stated that Council had informed TMI that they would be informed on whether the city wanted the tower to be shrouded during its repair. He stated TMI wants to know about shrouding so that it can put its work program together, and they are comfortable doing the project without the shrouding. He informed Council that he has spoken to Councilmember Smith, who has informed him that she spoke to 3M representative and they told her that they have no problem with the project being done without a shroud. He stated that Public Works Director Danielson will send written notice to all of the adjoining property owners and that TMI has contracted with the owner of the adjoining house as a subcontractor for the project. He recommended that shrouding not be done. Councilmember Krebsbach moved to notify TMI Coatings with respect to the contract for refurbishing the water tower that Council elects to do the project without the use of a containment shroud costing approximately $98,000. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Mayor Mertensotto stated that if any concerns come up, the LMCIT should be requested to use the same law firm that defends the TMI insurers. DETACHED GARAGES Council acknowledged a proposed ordinance regarding detached garages, along with an associated report from Assistant Batchelder. Mayor Mertensotto informed Council that Councilmember Smith has reviewed the proposed revised draft and is satisfied with it as proposed. Councilmember Koch moved adoption of Ordinance No. 301, "AN ORDINANCE AMENDING ORDINANCE NO. 401." Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CRITICAL AREA ORDINANCE Council acknowledged a memo and a proposed ordinance to revised the Critical Area Ordinance. Councilmember Krebsbach stated that the Planning Commission would like the language last proposed for Section 2.3C la so that city attention would be triggered by activity involving five feet of cut or fill or more. She stated that Planning Commission Chair Page No. 4313 February 21, 1995 Dwyer recommends that the originally proposed language be approved and that she would prefer to leave the language as proposed by the Commission. Councilmember Krebsbach moved to adopt Ordinance No. 302, "AN ORDINANCE AMENDING ORDINANCE NO. 403," as recommended by the Planning Commission on February 7. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 NORTH URBAN TRAIL Council acknowledged a memo from Assistant Batchelder relative to a request by the county for the city's position on the North Urban Regional Trail (NURT). Assistant Batchelder informed Council that the Park Commission is concerned that the regional standard may call for the grading and widening of the Valley Park trail and the section of the trail from Park Place to the top of the hill may have to be brought up to other standards. Councilmember Huber stated that he had concerns about the standards when the issue was first discussed and after consideration, he would be very reluctant about bringing the trail up to the regional standards because it would have a significant impact on the trail. He was very concerned over what the widening and flattening or side - by- side trails which could be required would do to the existing beauty of the trail. He stated that the trail was not designed for people who would want to bicycle it at 30 miles per hour. Also, he was concerned about the alternate location of the trail on the north side of the T.H. 110 frontage road. Administrator Lawell stated that the city has not changed its position with respect to the trail design, but rather, the county has changed its position in drafting the master plan. After discussion, Councilmember Huber moved adoption of Resolution No. 95 -10, "A RESOLUTION OF GENERAL SUPPORT FOR THE NORTH URBAN REGIONAL TRAIL," with the stipulation that Council approves the concept of the NURT provided the route along T.H. 110 be located between the westbound lane of T.H. 110 and Freeway Road and that there be no physical changes to the trailway as now constructed from T.H. 110 north through the Valley Park. l Councilmember Koch seconded the motion. Ayes: 4 Page No. 4314 February 21, 1995 Nays: 0 WORKSHOP Council acknowledged a memo from Administrator Lawell regarding tentative dates for the Council/Airport Relations Commission joint workshop. Administrator Lawell reported on the MAC hearing on its long -term comprehensive plan, informing Council that MAC affirmed today that the north/south runway is the preferred expansion option along with the west terminal. Administrator Lawell stated that the T.H. 55 study is also a workshop topic. Councilmember Krebsbach suggested a city clean- up day as a workshop topic. Assistant Batchelder stated that $1,000 was included in the recycling budget for a clean -up day, although the program has not yet been planned. Mayor Mertensotto asked Assistant Batchelder to prepare information for discussion in March. It was the consensus to conduct a joint meeting with the Airport Relations Commission on April 27. COUNCIL COMMENTS Responding to a question from Mayor Mertensotto, Assistant Batchelder gave Council a briefly update on senior housing. Administrator Lawell informed Council that he will invite representatives of the HRA to give Council a progress report at the March 7th meeting. MEETING TIME CHANGE Administrator Lawell informed the audience that the March 7 Council meeting will not start until 8:00 p.m. because Council cannot convene during the hours of the school district referendum. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Krebsbach seconded the motion. Ayes: 4 Page No. 4315 February 21, 1995 Nays: 0 TIME OF ADJOURNMENT: 11:29 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL February 21, 1995 Asphalt Contractor License Ace Blacktop, Inc. Concrete /Masonry Contractor License Eldie Lundgren Masonry . Muenchow Concrete & Masonry Excavation Contractor License Fuhr Trenching General Contractors License E.L. Bulach Construction Co., Inc. Fendler Construction Inc. 3M Ken Streiff Co. Gas Piping Contractor License Red Rock Heating & Sheetmetal Inc. Total Air, Inc. HVAC Contractors License Cool Air Mechanical, Inc. Red Rock Heating & Sheetmetal Inc. Total Air, Inc. Drywall Contractor License Janke Drywall