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1995-02-07 Council minutesPage No. 4276 February 7, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 7, 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, Krebsbach and Smith. Councilmember Koch had notified the Council that she would be late. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the January 17, 1995 regular meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, revised to remove item m., UBC fee schedule along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the December 29, 1994 Planning Commission meeting. b. Acknowledgment of the minutes of the January 24, 1995 Planning Commission meeting. c. Acknowledgment of the minutes of the January 11, 1995 Airport Relations Commission meeting, and direction to the City Administrator to discuss with the Commission potential dates for a joint Council/Commission workshop. d. Acknowledgment of receipt of the unapproved January 4, 1995 NDC -4 meeting minutes. e. Acknowledgment of the Code Enforcement monthly report for January. Page No. 4277 February 7, 1995 f. Acknowledgment of a summary report of 1994 Planning Commission activity. g. Authorization to purchase a hot water pressure washer for the Public Works Department from American Pressure, Inc., for its low quote of $4,526.25. h. Acknowledgment of bids and approval to issue purchase orders to Waldon Group for a 4x4 truck chassis for its low quote of $19,587.64 plus tax, to Crystell for a Triple Tipper dump box for its low quote of $6,745.95, and to Crysteel for an 8.5 foot Western Snow Plow Unimount for its low quote of $2,475.85. i. Approval to issue a sign permit to SignArt to allow installation of a 30.24 square foot sign for Mich's Coffee Cottage in the Mendota Plaza. Adoption of Resolution No. 95 -08 "RESOLUTION ACCEPTING PETITION, FEASIBILITY REPORT, AND ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR MENDOTA MEADOWS (IMPROVEMENT NO. 95, PROJECT NO. 1)." k. Approval of the list of contractor licenses dated February 7, 1995 and attached hereto. 1. Approval of the list of claims dated February 7, 1995 and totaling $280,000.03. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 UBC FEES Council acknowledged a memo from Code Enforcement Officer Berg recommending Council adoption of the 1994 UBC building permit fee schedule. Mayor Mertensotto stated that he feels very strongly that fees for new construction and remodeling should not be increased for 1995 and pointed out that Council can adopt the schedule in 1996 if necessary. Councilmembers Smith and Krebsbach agreed that the schedule should not be adopted. PUBLIC COMMENTS Mr. John Mathern was present to inform Council that because of recent market analysis he would like to reduce from 36 to 34 units the number of attached units in the recently approved Mendota Page No. 4278 February 7, 1995 Meadows P.U.D. and add unattached units, reducing the overall density of the project by two units. Mayor Mertensotto informed Mr. Mathern that Council is not in a position to comment on what steps are necessary to amend the P.U.D. He explained that Council will refer the request to City Planner Uban who will contact Mr. Mathern for specifics on what he wants to change and Mr. Uban will submit a staff report to Council. He reminded Mr. Mathern that the free - standing units must be finished on all four sides and that the impervious surface ration, setbacks, et al, must be maintained and that the park contribution will be based on the original approval. He suggested that any separation of units be made on the low end of the site. Councilmember Smith asked Mr. Mathern to provide to Council pictures of what he has in mind for the single units. LERBS RETIREMENT Mayor Mertensotto introduced Bill Lerbs and informed the audience that on December 31, Mr. Lerbs had retired from the Volunteer Fire Department after 27 years of service. On behalf of the Council, Mayor Mertensotto presented Mr. Lerbs with a plaque in recognition of his many years of service and dedication to the community. WATER TOWER BIDS Council acknowledged a memo from the Public Works Director tabulating bids received for refurbishing the water tower and discussing the shrouding issue. Mr. James Imre, General Manager of TMI Coatings, the low bidder, was present for the discussion. With respect to the shrouding issue, Mr. Danielson explained that the lead content in the existing paint on the tank, according to the AEC test, is insignificant and below the level considered to be hazardous by the MPCA, therefore the agency does not require that the tank be shrouded. He recommended that the contract be awarded to the low bidder and that shrouding not be done. Responding to a question from Mayor Mertensotto, Mr. Danielson stated that work on the tank will have to be delayed until repairs currently being done to the West St. Paul 6 million gallon reservoir are completed. He explained that St. Paul Water anticipates that the reservoir repairs will be completed no later than April 1. Mayor Mertensotto noted that TMI does not plan to remove the tank's flutes during the repainting and repair. He stated that Council has heard differing estimates on what the sand blasting and painting of the flutes add to the project costs and that the Public Works Director had indicated that reconditioning the flutes would cost $32,000 to $40,000 because of the added surface. Page No. 4279 February 7, 1995 Public Works Director Danielson responded that the TMI bid is not subject to reduction for area. Mr. Imre informed Council that he has submitted a lump sum fixed bid that will not vary, and that the painting of the flutes certainly adds to the cost because of the added area to paint and sandblast. Responding to a question from Mayor Mertensotto about the potential for extensive corrosion on the flutes, Mr. Imre explained that it would be very unusual to have corrosion on them since they are on the outside of the tank, but if there is major corrosion on the inside of the tank, that may cause the bid to increase. He stated that he does not anticipate there would be any corrosion or any added costs for the exterior. Councilmember Krebsbach stated that AEC, the city's consultant on the project, indicated that there is corrosion. Mr. Imre responded that he agrees that the paint is rusted away on the flutes. He stated that he received the information from AEC and used it to prepare the bid. Councilmember Krebsbach asked for confirmation that the lead content in the paint did not warrant shrouding. Public Works Director Danielson responded that the lead content is not considered dangerous. Mr. Imre responded that for $99,000, the shroud is put up to contain the sand and lead. He stated that he strongly recommends shrouding to avoid claims and that two tanks his firm is currently working on are totally shrouded. He recommended shrouding, stating that he is concerned about 3M, the apartments and the home next door to the tank, which will be impacted by the sand blasting. He informed Council that it is easier for his firm to complete the project if it is shrouded but the decision rests with Council. Mayor Mertensotto stated that the apartments are to the north of the tank and the home next to the tower is used as a contractor's work station and he does not believe it is used for habitation. He stated that property owners will be alerted and that Council does not want the Public Works personnel to be impacted. Responding to a question from Councilmember Smith, Mr. Imre stated that sand blasting takes place in the beginning of the project and takes about two months - the entire project will take about five months. Page No. 4280 February 7, 1995 Councilmember Smith asked if there is any filtering that the businesses and residences in the area can do on their air intakes to mitigate the impact. Mr. Imre responded that filtering can be done but that he would not ask 3M to do that, and if the tank is not shrouded there is the potential for claims. Mayor Mertensotto stated that he does not feel that the tank repair project will be any different from a construction site where there is heavy equipment and dust. He asked about noise from the project. Mr. Imre responded that it will be noisy - sandblasting is at 130 psi. Councilmember Smith stated that she would like to know about what the real affect will be on the neighboring properties. She asked if Council could accept the bid now and then add the shroud later. Mr. Imre responded that this can be done and that once the bid is awarded he will prepare more information on the impact. Mayor Mertensotto asked what determines when a change order could be submitted for corrosion in the interior. Mr. Imre responded that he does not anticipate there will be anything different from what AEC presented and that he will do additional tests for strength, etc. He stated that he feels the specification and the pre -work was well done and he does not think there will be any extras. He stated that he was not aware the city will institute a total sprinkling ban and suggested that Council ask TMI to compress its schedule, at a premium time cost of about $180 a day. This would shorten considerably the time the tank will be out of service and substantial completion, scheduled for August 15, could be shortened by four to six weeks. Councilmember Huber asked who would pay any claims which came for lack of shrouding. He stated that if he were a contractor and felt there was a significant risk from claims for not shrouding he would possibly build that into his bid price, whereas if he felt that there was little risk he would approach it differently. Mr. here responded that TMI carries $5 million general liability insurance currently and will not change that amount for the project. Page No. 4281 February 7, 1995 Councilmember Krebsbach asked whether the dust conditions will be during the day when the sand blasting is done. She commented that Council just approved t -ball in the area. Mr. Imre responded that dust will be during the day as they generally do not sand blast at night. He informed Council that sand will be dispersed about 1/4 mile unless a shroud is used - shrouding would confine the sand within the shroud. He stated that his crews will have to shovel the roof of the utility building next to the tank for fear of load damage. Responding to a question from Councilmember Krebsbach on whether there will be any hazard to people driving the area, he stated that possibly the Public Works parking lot and the street between the tower and 3M may be slippery because of the sand. He stated that there will not be a visibility problem and that the work schedule will be from 8:30 to 4:30 or 5:00 unless Council desires a compressed schedule which would involve evening and week end work scheduling as well. It was the consensus not to authorize the compressed schedule. Councilmember Smith moved to accept the bids and award the contract for refurbishing the water tower to TMI Coatings, Inc., for its low bid of $573,000.00 less the $98,900 deduct for shrouding, reserving the option to include shrouding within 30 days of the time work commences on the project. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Staff was directed to do additional research on shrouding, checking with other municipalities. Councilmember Smith asked how residents and businesses in the industrial park will be notified of the sprinkling ban. Public Works Director Danielson responded that there will be an article in the next city newsletter and that press releases have been submitted to the local papers. LEXINGTON/MARIE POND Council acknowledged a memo from Public Works Director Danielson regarding the Lexington/Marie pond dredging operation along with a tabulation of bids received for the project. Mayor Mertensotto asked what will be done if the pond does not freeze up enough to enable the use of a dozer. Ayes: 4 Nays: 0 Page No. 4282 February 7, 1995 Public Works Director Danielson responded that a drag line cannot be used and if the work cannot be done by a dozer, the project will have to be canceled. Councilmember Smith moved to accept the bids and award the contract for the dredging operation to Scherff, Inc., for its low bid of $6,000, with the understanding that if using a dozer does not work the contract is canceled. Councilmember Krebsbach seconded the motion. Councilmember Koch arrived at 9:00 p.m. CASE NO. 95 -01, CURLEY Council acknowledged an application from Tim Curley for a sign area variance to allow Curley Furniture Store to use the former Ethan Allen sign. Mayor Mertensotto stated that in addition to the sign area request, there was a question over the sign setback. He explained that the Planning Commission reviewed the application and recommended approval to issue a sign permit for alteration of the sign message based on continuation of a non - conforming structure rather than a variance so the sign will not set a precedent on T.H. 110. Councilmember Krebsbach moved to authorize staff to issue a sign permit in accordance with the plans submitted by the applicant. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 94 -39, MANSFIELD Council acknowledged a memo from Administrative Assistant Batchelder regarding continued discussion on an application from Mr. & Mrs. Robert Mansfield for a sideyard setback variance to allow construction of a dining room addition at 1300 Wachtler Avenue. Mayor Mertensotto informed the audience that discussion on the request had been continued so that Council members could look at the site. He stated that in this particular case, the home is in an area which is not densely developed - Economics Laboratories is across the street and there is a woods behind the house. He noted that the Mansfield home sits back a greater distance than the standard setback. Mayor Mertensotto stated that the Mansfields claim there is no other location on the site to locate the addition and that they have stated they only need a 4 1/2 foot side yard setback variance. Mr. Mansfield responded that he staked out the addition and reduced the size from 12'6" to 11'6" and would consider reducing it to 10'6" Page No. 4283 February 7, 1995 if Council required it. He informed Council that the roof overhang on the addition side of the house has to be 24 ". Mayor Mertensotto responded that overhangs are not considered part of the setback but Council must consider that if it is to allow a variance from the 10' side yard setback requirement. Mr. Mansfield informed Council that he has redesigned the addition roof so that there will be a one foot overhand. The addition, including the overhand, would be 3'6" into the sideyard if the dining room has an inside dimension of 10 feet six inches. Councilmember Huber stated that he would prefer to allow an 11'6" addition to allow enough room to walk around the dining room table and chairs. Mayor Mertensotto stated that the sideyard is also very important - Council has required people to remove blacktop pads from sideyard setback areas. He stated that if the applicants can get by with a 11'6" addition it would allow 6'6" between the property line and the wall of the house. He stated that the Mansfields should have known when they bought the home that the dining room was not large enough, and this is why the Planning Commission recommended denial because there is no demonstrated hardship basis for the variance. Councilmember Smith stated that she appreciates the Planning Commission's work and the agrees with the importance of the sideyard setback. She further stated however, that in this case the isolated nature of the home makes it different and there is no other place on the lot to construct the addition. Responding to a question from Councilmember Krebsbach about landscaping, Mr. Mansfield stated that the rock and vegetation in the front and part of the side of the house will be carried around the side to screen the air conditioning unit and other things. Mayor Mertensotto stated that if Council approves the variance, the Code Enforcement Officers will only be allowed to issue a permit based on plans where the foundation of the addition is 6 1/2 feet from the property line and also that the overhang cannot be any more than one foot further into the setback than the addition. Councilmember Huber moved to approve a 3'6" sideyard setback variance to allow construction of a dining room addition 6 1/2 feet from the side lot line at 1300 Wachtler Avenue, with the overhand Ayes: 5 Nays: 0 Page No. 4284 February 7, 1995 restricted to not more than one foot beyond the foundation wall of the addition, based on the fact that there are not neighbors directly behind or across from the property, the adjoining property owner appeared before Council to voice his support, and approval would have minimal impact. Councilmember Krebsbach seconded the motion. Staff was directed to notify the Code Enforcement department to inspect the foundation and the framing to be sure the overhang is no more than one foot. CASE NO. 94-38, SKJERVEN Council acknowledged an application from Mr. & Mrs. Gordy Skjerven, 691 Cheyenne Lane, for an eleven foot rear yard setback variance to allow construction of an attached three season porch. Council also acknowledged associated staff reports. Ayes: 5 Nays: 0 Mayor Mertensotto stated that the Planning Commission had noted that the Skjerven lot abuts a marsh that will not be developed and that the lot is substandard sized. He explained that the Planning Commission recommended approval of the variance, finding that the attached porch is abetter improvement than the alternative of a free standing gazebo. He noted that the City Planner's report cited precedent set by two variances granted in the area in the past. Responding to a question from Councilmember Krebsbach about how much back yard he has to the marsh, Mr. Skjerven responded about 30 feet. Councilmember Krebsbach stated that the Skjervens could not do anything in their back yard because of the marsh if the variance is not granted. Councilmember Smith asked if there are any other porches in the neighborhood and how far back they go. Mr. Skjerven responded that there are at least three and one is quite far back but it is on a deeper lot. He explained that his porch would not go back any farther than any of the existing porches. Councilmember Krebsbach moved to adopt the Planning Commission recommendation to approve an eleven foot rear yard setback variance. Councilmember Smith seconded the motion. Public Works Director informed Council that there had been some question over whether the needed variance is 11 or 12 feet. He Page No. 4285 February 7, 1995 explained that Mr. Skjerven's house is at the maximum setback so he needs a 12 foot variance based on the physical measurements made by staff. Councilmember Krebsbach moved to amend the motion to approve a twelve foot rear yard setback variance. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 94 -40, BJORKLUND Council acknowledged an application from Bjorklund Development Company for subdivision and variance for a proposed the division of a 6.5 acre (formerly Swanson) parcel into a seven lot subdivision at the southwest corner of Lexington Avenue and Orchard Place. Council also acknowledged correspondence from neighbors and associated staff reports. Mr. Paul McGinley, representing Bjorklund Development, explained that the lots would range in size from 20,000 to 38,000 square feet with an average size of 32,000 square feet. He informed Council that the developer had initially looked at a plan with a cul -de -sac from Orchard but the grade would be to steep so the plan was redesigned with an entrance from Lexington between the Rolf property and the proposed development. He explained that the subdivision needs a variance to allow a cul -de -sac length of 600 feet rather than 500 feet and a variance to the setback line from the required lot width at the setback line for Lots 4, 5 and 6. He stated that there have been extensive discussions with the neighbors and through neighborhood meetings and Planning Commission meetings it was determined that the proposal is reasonable for the cul de sac and several options for future neighborhood street circulation were discussed. Mr. McGinley stated that of the five options discussed, the most likely to occur is Option E . He informed Council that the Rolfs and Illetschkos were opposed to a through street through their properties and the Olins were initially in favor of a through street through their property and that was considered the most likely to develop in the future. Mr. McGinley reviewed Option E, which envisions a cul -de -sac from Orchard to serve the Olin property and a cul -de -sac from Lexington to serve the proposed development and possible future development of the Rolf and Illetschko properties. Mayor Mertensotto pointed out that the option would squeeze two lots between cul -de -sacs. Mr. McGinley responded that the option just shows approximate schemes for development and at such time as the adjoining properties are developed, the owners will have to decide the position Page No. 4286 February 7, 1995 of the road and the size and configuration of the lots they will propose. Mayor Mertensotto stated that Council wants to forestall problems like those experienced with Mendota Woods, and asked if the Olins and the neighbors to the south of the proposed development have been involved in the planning discussion. Mr. McGinley responded that the neighbors have been involved. He stated that the Olins had, submitted an option for the potential development of their property with a long cul -de -sac to develop lots to the end of their property on the bluff. Mayor Mertensotto asked if all of the properties can be served by gravity sewer. Public Works Director Danielson responded that they can. Mr. McGinley stated that the Rolfs and Illetschkos prefer Option E and the Olins were initially in favor of a through street to Lexington and still favor that but are not opposed to the cul -de -sac if the property develops under Option E. Councilmember Huber stated that the lots wedged between the two cul -de -sacs would likely be less desirable and it would seem that their value would be diminished. Councilmember Krebsbach stated that if the adjacent property owners prefer the two cul -de -sacs and Olin supports it, the cul -de- sacs are more desirable than a through street as cul -de -sacs would be more in keeping with the character of the area. She expressed concern that the wooded character of the property along Lexington be maintained. She asked if the developer will insure that. Mr. McGinley responded that the grading plan shows where silt fencing will be placed and where tree protection tapes will be placed to prevent grading in the tree area. He stated that there will be grading required for the detention pond in the northeast corner at Lexington, and some of the trees along Lexington and into that area will be lost. Mr. James Olin stated that she owns the property immediately west of the proposed plat. She informed Council that after meeting with the Bjorklunds and the Planning Commission she thought that there was nothing they could do but accept the proposed plan. She stated that she and Dr. Olin have often discussed that their property would not be developed in the near future but thinks now that it will be Page No. 4287 February 7, 1995 sooner rather than later. She stated that at one of the Planning Commission meetings, one of the neighbors thought that the Commission should still look at all three parcels for development as one but her property is left with a long cul -de -sac. She stated that she feels that the most appropriate street pattern would be a through street from Lexington but understands that cannot be forced on the other property owners, but pointed out that the Olins are left with a long cul -de -sac. She stated emphatically that she is not in agreement with what is proposed. Mayor Mertensotto stated that good planning requires that where there is open land adjacent to a developing parcel, planning be done for the adjacent land so that the land owners can get the maximum use of their properties. He further stated that if the adjoining owners approve the option and are satisfied that it would be a feasible development of their land they would not complain in the future but if that is not the case, Council would want to take a closer look at the options. Mrs. Olin responded that Option E does not have her approval and that she would like Council to know that she will go along with the proposed development of the Swanson property but the Olin land will be developed and in the future and the Planning Commission said the long cul -de -sac is the approved approach. Mr. David Olin stated that his family had no input on the cul -de -was that was designed for their property and their preference is a through street based on a sketch that was developed with the city staff a number of years ago. He stated that there is a very steep grade on their property from Orchard and if there is only one cul -de -sac into it, a fire truck could not get through nor could home owners in the winter. Mr. Dave Bjorklund stated that he is trying to take a comprehensive look at future development potential and the original comprehensive plan for developing the Olin property was very rough. Public Works Director Danielson responded that the drawing done by staff was just a concept plan for potential future development of the Olin property. Mr. Bjorklund stated that he had originally thought he could bring a short cul -de -sac from Orchard into his property and preserve trees and create larger lots. He stated that he could have proposed developing 13 standard lots but that would decimate the site. He Page No. 4288 February 7, 1995 pointed out that Option E does not need to occur in the future and that he does not own the Olin property. Mayor Mertensotto stated that Council must address that there is undeveloped property surrounding the Bjorklund parcel and consider what the best layout is. Mr. Bjorklund responded that his design took into account how the other properties could develop. He stated that the cul -de -sac could just have been on his property, which he would prefer, but he had to bring in from Lexington. He stated that he cannot control what the neighbors want to do in the future but feels that the design takes into account three of the four properties and maximizes tree preservation and neighborhood character. Councilmember Krebsbach asked about the feasibility of Option C (through street from Lexington to Orchard with a cul -de -sac serving the Bjorklund property). Mr. McGinley stated that Option C is not very feasible and the likelihood of the road going all the way down the hill is virtually nil. He stated that it is just as feasible that the cul -de -sac on Option # would get connected to provide a through street. He further stated that the south cul -de -sac may never be located where it is shown on the option and it could be that there will ultimately be a through street coming from Lexington. He stated that the question will have to be addressed again if the Rolfs and Illetschkos decide to develop their parcels in the future. He stated that those property owners favor Option E and it allows for favorable development of the Olin property but does not preclude the option for a future through street. Mayor Mertensotto stated that the City Planner, in his report, points out that it is important to have a clear indication of what the preferred development pattern will be. He stated that the Olins have to agree with an option because there would not be many options available to them for future utilities or layout of their property. He again pointed out his concern that the lots between the two cul -de- sacs and stated that Council must consider the impact of development of the Bjorklund site on adjacent properties. Mr. Olin stated that in the past his father worked diligently with Mrs. Rolf and Mrs. Swanson to try to come up with a comprehensive plan for future development and that he had a plan drawn up for his property that showed a long cul -de -sac but city Page No. 4289 February 7, 1995 staff said it did not address the other property owners. He explained that that was the only input his family has had into planning for the area and that they have not worked with any outside professional consultant. Mayor Mertensotto asked Mrs. Olin if her concerns had been addressed. Mrs. Olin responded that they have not and that she has been at many meetings where she has heard objections to long cul -de -sacs for many reasons. She stated that the proposal is not her family's plan with a cul -de -sac coming up next to her land and that while she realizes she cannot force the issue of a through street from Lexington that was the original thought that the neighbors would pursue. She asked whether it would be in her best interest to hire a planner. Mayor Mertensotto responded that she should consult with her own professional to respond to the Bjorklund plan because it will set the pattern for development of the area. He explained that once approval is given to develop the Bjorklund parcel it would set the pattern for utilities will go, and he stated that Mrs. Olin if she would like, Council could table action to allow her time to retain someone to advise her. Councilmember Smith stated that perhaps there has been a misunderstanding of what Council is being asked to do today. She stated that Council is only considering approval for the Bjorklund property and considering how the Bjorklund development plan will work with the surrounding property. She explained that all that would happen if the plan were approved would be that the Olin site would have access off Orchard to plan any way the owners wish and they would still have the possibility of connecting with the cul -de- sac. Mr. Olin responded that his family just wants to make it understood that their options are being limited to a long cul -de -sac once the Bjorklund property develops. Mrs. Olin stated that Mr. Illetschko has stated that he will never approve a connection of the cul -de -sacs. Mr. Bjorklund stated that his design does not really affect the Olin property and that he was asked by the Commission to provide a potential design for development of the adjoining properties. Mr. McGinley asked what the Planning Commission meant by the requirement for a conservation easement. Page No. 4290 February 7, 1995 Public Works Director Danielson responded that the conversation easement is intended to relate to protecting the trees. It was the consensus of Council to table action on the matter to February 21 and to direct staff to facilitate communications between the Olins and Mr. Bjorklund. PAGEL ROAD WALKWAY Council acknowledged a memo from Public Works Director Danielson regarding the Pagel Road walkway issue. Council was informed that Mr. James Losleben, who had made the original request, has asked that discussion be tabled. Discussion on the matter was tabled. Staff was directed to notify the other property owners on Pagel, to provide Council with the grades on Pagel and Keokuk, and to explore the possibility of continuous striping to Dodd Road. PAR 3 Council acknowledged a request from the owners of Par 3 Golf Course for a building permit to remodel a storage area into a kitchen facility and to expand the existing deck/patio. Council also acknowledged an associated staff report. The owners, Michael Cashill and Alan Spaulding, were present for the discussion. Mayor Mertensotto, stated that he would recommend that Council permit the owners to do what they propose over a two year period because the proposed improvements may impact parking needs. Mr. Cashill responded that if the owners see a substantial decrease in their business because of the West St. Paul course, they would like the opportunity to meet with the Planning Commission and Council and have a study done on parking. He agreed that two years is a reasonable condition. He stated that none of the changes being proposed should add to the need for parking and further stated that no remodeling has been done to Par 3's facilities in 32 years. He informed Council that if additional parking is necessary after a trial period he would like to put in, but given the cost of the remodeling he would like to delay parking expansion as long as possible. Mayor Mertensotto responded that Council would want an agreement from the owners. Mr. Cashill responded that he would be happy to prepare an agreement but would like the opportunity to come in six months or so to discuss the option of not adding parking if it is not necessary. Page No. 4291 February 7, 1995 Councilmember Smith stated that there are a number of people who use the course may not change because of the improvements, but the length of time they stay will likely increase, which will increase the demands for parking. She further stated that the number of players may decrease for a time after the opening of the West St. Paul course. She suggested that the agreement could include that the owners could come back and extend the time period they would have to establish parking by, for a year as an example. Mr. Cashill responded that he will do a quality job with the modifications and parking, etc., and that they want to give their guests the best. He stated that he would like to have the remodeling completed by April 4. Mayor Mertensotto expressed concern about the deck, which he felt would increase the requirement for parking, and stated that the agreement must address doing the parking modification within a certain period of time. Councilmember Huber stated that the worst parking problems will likely occur in the 1995 season because the West St. Paul course will not open completely until 1996. Mayor Mertensotto informed the owners that they should state in the agreement what they are going to do in exchange for approving the deck and restaurant. He explained that the owners should tell Council in the agreement what will be done in a two year time frame. He asked the owners to return to Council in two weeks and suggested that action could be taken to grant permission for the interior remodeling. Administrator Lawell informed Council that there is some question over whether a sprinkler system is required and whether connection to the public water system must be made. Further discussion was tabled to February 21. DEER OVERPOPULATION Council acknowledged and discussed a petition from Somerset area property owners requesting permission for a restricted deer hunt on their collective properties. Council also acknowledged an associated memo from Administrator Lawell. After brief discussion, Councilmember Smith moved to approve the request and authorize staff to submit the necessary paperwork to the Minnesota DNR. Councilmember Koch seconded the motion. Ayes: 5 Page No. 4292 February 7, 1995 Nays: 0 CELLULAR. ONE Council acknowledged a request from CellularOne to install antennae on the city's water tower. Council also acknowledged associated staff reports and historical information. Mr. Ted Olson, Property Manager for CellularOne, stated that his firm has the need for increased antennae in this area. He explained that in discussions with the city's staff and planner, there were some issues discussed for potential locations. He stated that one potential location is the water tower, and other sites would be considered for an antenna tower in the industrial park. He stated that city staff felt that he should appear before Council before making any planning application. Mayor Mertensotto stated that Council does not want the tower to look like a pin cushion, and pointed out that there are currently 12 U.S. West antennae on the tower. Mr. Olson responded that his firm would like to install six antennae similar to those used by U.S. West and that they would not be any more noticeable on the tank than the U.S. West antennae. He stated that he has the option of pursuing a conditional use permit to locate the antennae on a free standing tower in the industrial district but the discussion with city staff centered around the water tower rather that requesting a permit to install a 125 foot pole. He stated that he would plan to place the flutes on the tank at 125 feet, like U.S. West, and placing them next to the flutes. He stated that he would need to work with the U.S. West engineers to get appropriate locations between 120 and 125 feet. He further stated that a service building or an addition to the existing U.S. West service structure would be needed. Mayor Mertensotto stated that he will not encourage Mr. Olson, pointing out that a conditional use permit may be approved or it may be denied. He informed Mr. Olson that he should come back and tell Council what he would like to do and Council will consider it. Councihnember Smith stated that she would like to know the long term implications for this and other applicants as well for the future. She also stated that her concern is that allowing more antennae on the tank would create a pin cushion situation. Mr. Olson asked whether Council would prefer him to locate on a free standing monopole. Ayes: 5 Nays: 0 Councilmember Krebsbach moved that John Liberacki be appointed to complete the unexpired Parks and Recreation Commission position vacated by Vicki Katz. Councilmember Smith seconded the motion. Council directed the City Administrator to send letters of appreciation to all of the candidates. COMMISSION Council acknowledged a memo from Administrator Lawell APPOINTMENTS regarding reappointments to City Commissions. Page No. 4293 February 7, 1995 Mayor Mertensotto, responded that Council would want to see what can be resolved about the water tower first. He asked Mr. Olson to prepare a written proposal on compensation to the city for use of the water tank and provide information Council on where he would want to locate a pole. MENDOTA HEIGHTS Council acknowledged a response from Mn/DOT to the city's ROAD SPEED LIMIT request for a speed limit reduction on Mendota Heights Road between Dodd and Delaware. It was noted that although Council had asked that the speed limit be reduced to 35 miles per hour, Mn/DOT staff has recommended to its Traffic Engineering Office that it be reduced to 35 miles per hour. PARK POLICY Council acknowledged and discussed proposed revisions to the parks reservation policy. Councilmember Smith suggested that the proposed revisions to section IV (G) and Exhibit C. After discussion, Councilmember Smith moved adoption of Resolution No. 95-09, "A RESOLUTION ESTABLISHING RULES AND RENTAL FEES FOR USE OF CITY PARKS AND PROPERTY," with revisions. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 DETACHED GARAGES Council acknowledged a memo and proposed amendment to the Zoning Ordinance with respect to detached garages in the R-1 District. It as the consensus to direct staff to re-work section 4.5(3). CRITICAL AREA Council acknowledged and discussed a memo and proposed ORDINANCE revisions to the Critical Area Ordinance. It was the consensus to direct staff to re-state the exceptions section. PARK COMMISSION Mayor Mertensotto, informed the audience that Council has APPOINTMENT conducted interviews of individuals interested in appointment to the Parks and Recreation Commission. He recommended that Mr. John Liberacki be appointed because of his broad range of interests. Ayes: 5 Nays: 0 Councilmember Krebsbach moved that John Liberacki be appointed to complete the unexpired Parks and Recreation Commission position vacated by Vicki Katz. Councilmember Smith seconded the motion. Council directed the City Administrator to send letters of appreciation to all of the candidates. COMMISSION Council acknowledged a memo from Administrator Lawell APPOINTMENTS regarding reappointments to City Commissions. Page No. 4294 February 7, 1995 - Councilmember Krebsbach moved that Ultan Duggan, Sharon Koll and Sally Lorberbaum be reappointed to the Planning Commission; that Ann Norton and Dave Libra be reappointed to the Parks Commission, and that Cynthia Surrisi and James Olin be reappointed to the Airport Relations Commission. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Smith stated that there was a recent watermain break on Decorah Avenue. She was concerned about the state of the watermains in Friendly Hills because of the upcoming street construction project and asked staff to research how many breaks there have been and the status of the watermains. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:57 o'clock P.M. thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor