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1995-11-07 Council minutesPage No. 1 November 7, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 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 8:00 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting, amended to move item 9e, Curfew Ordinance, to 6a. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the September 28, 1995 joint Council/Planning Commission workshop. Councilmember seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved approval of the minutes of the October 12,1995 workshop on the Metropolitan Livable Communities Act. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, revised to move items h through 1 to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for October. b. Acknowledgment of the unapproved minutes of the September 6, 1995 NDC -4 meeting. c. Acknowledgment of the unapproved minutes of the October 11, 1995 NDC -4 meeting. Page No. 2 November 7, 1995 d. Acknowledgment of the minutes of the October 11, 1995 Airport Relations Commission meeting. e. Acknowledgment of the minutes of the October 24, 1995 Planning Commission meeting. f. Adoption of Resolution No. 95 -57, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR LONDON /DOWNING STREET RECONSTRUCTION AND SANITARY SEWER, WATER, STORM SEWER AND STREETS TO SERVE IVY KEEP NORTH ADDITION (ARNDT) (IMPROVEMENT NO. 92, PROJECT NO. 1). g. Acknowledgment of a memo regarding final payment on the Water Tower Reconditioning project to MSA Consulting Engineers. h. Approval of the extension of Derick Anderson's employment as a temporary engineering intern to December 29, 1995. i. Approval of the probationary appointment of Tim Oster as Public Works Maintenance Worker I, effective November 8, 1995, and Richard Burrows as Public Works Maintenance Worker I, effective November 13, 1995. j. Acceptance of a letter of resignation from the Airport Relations Commission from Dr. James Olin, along with direction for Mayor Mertensotto to send a letter of commendation and appreciation to Dr. Olin on behalf of the Council. k. Acknowledgment of a letter of resignation from City Administrator Lawell, effective November 24, 1995 and appointment of Administrative Assistant Kevin Batchelder as Interim Administrator. 1. Approval of the list of contractor licenses dated November 7, 1995, and attached hereto. k. Approval of the List of Claims dated November 7, 1995 and totaling $631,229.24. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 3 November 7, 1995 INTRODUCTIONS Mayor Mertensotto recognized a group of students and a professor from the University of St. Thomas. Professor Robert Franklin informed Council that his "Reporting for the Print Media" class is attending Council meetings so that the students will know how to cover government meetings after graduation. BROOKFIELD LANE Council acknowledged a memo from Public Works Director CONDEMNATION Danielson regarding dismissal of the Brookfield Lane condemnation, along with a letter and "stipulation and Order for Dismissal With Prejudice," prepared by the City Attorney's office, and a letter from the President of the Kensington Manor Homes Board of Directors. Mayor Mertensotto stated that the action proposed is for dismissal without prejudice on the merits of the petition. He suggested that the action should be dismissed "without' ' prejudice and that Council remove the matter from the agenda until all parties have executed the stipulation. It was the consensus to remove the matter from the agenda. CASE NO. 95-26, CONWAY Council acknowledged a proposed landscape plan submitted by Mr. & Mrs. Conway in response to Council's condition placed on their variance approval on October 17. Mayor Mertensotto recommended that action be tabled to November 21 to allow time for Mr. & Mrs. Greenberg (the applicant's neighbors) to review the plan. Discussion on the landscaping plan was tabled to November 21. ADMINISTRATOR Mayor Mertensotto informed the audience that City Administrator RESIGNATION Lawell has accepted the position of City Manager of Sequim, Washington. He explained that Administrator Lawell is not present this evening because he is in Sequim for an orientation tour. He stated that Administrator Lawell has been the City Administrator for six years and will be leaving at the end of the month. He informed the audience that after the Administrator leaves, Council must make a decision on a replacement, and the general consensus and intent of Council is that Administrative Assistant Batchelder will be appointed as interim Administrator. He stated that the appointment will be on an interim basis only to the extent that it will be a six month probationary period and if successfully completed, Assistant Batchelder will be considered for permanent appointment as City Administrator. POLICE OFFICER Council acknowledged a memo from Police Chief Delmont recommending the appointment of Mr. Scott Thomas Patrick as a Page No. 4 November 7, 1995 probationary police officer. Chief Delmont was present and reviewed the recommendation and the status of police officer staffing. Councilmember Smith moved to appoint Scott Patrick to a one year probationary appointment as a Mendota Heights Police Officer at the wage rate specified in the labor agreement between the city and Law Enforcement Labor Services. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CURFEW Council acknowledged a memo from Police Chief Delmont recommending adoption of the Dakota County Juvenile Curfew Ordinance. Chief Delmont briefly reviewed the recommendation and responded to Council questions. Councilmember Krebsbach moved adoption of Ordinance No. 305, "AN ORDINANCE AMENDING ORDINANCE NO. 908," adopting the Dakota County Juvenile Curfew Ordinance by reference. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 BOND SALE Council acknowledged receipt of bids received for the sale of $2,170,000 General Obligation Improvement Bonds. Treasurer Shaughnessy recommended award of the bid to the low bidder, Piper Jaffray & Hopwood, Inc. Councilmember Huber moved adoption of Resolution No. 95 -58, "RESOLUTION ACCEPTING BID ON THE SALE OF $2,170,000 GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS OF 1995, PROVIDING FOR THEIR ISSUANCE, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS, AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the bid to Piper Jaffray & Hopwood, Inc., for its low bid rate of 4.7652 %. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 DRIVEWAY LIGHT Council acknowledged receipt of a memo from Public Works Director Danielson regarding a request from Mr. Art Werthauser for authorization for NSP to install a light on an existing pole located at Page No. 5 November 7, 1995 the end of their driveway (1020 Sibley Memorial Highway). Mr. Werthauser was present for the discussion. Mr. Werthauser explained that when it is dark it is very difficult to make the turn into his driveway from Highway 13. He stated that the proposed light has a shield and will just cast light onto the driveway. He informed Council that his neighbors, Mr. & Mrs. Fred Moore, have given their signatures in support of approval of the light. Councilmember Huber asked if there is any possibility that the light would be observed from the property behind the Werthauser property. Mr. Werthauser responded that there are homes on Mayfield Court but he did not think that any of the residents could see over his house. Mayor Mertensotto stated that the light would have to be shielded in such a manner that it would only cast light onto the driveway and not onto the hill. He asked Mr. Werthauser if he would be receptive to changing the lights if any complaints are received. Mr. Werthauser responded that he would change the light if he is told of complaints. Councilmember Smith moved to authorize Mr. Art Werthauser to contract with NSP to install a light on an existing utility pole adjacent to the Werthauser driveway. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. CAO 95 -05, STROH Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from Mr. Bernard Stroh for critical area site plan review and critical area height variance. Council acknowledged memos from Assistant Batchelder and Planner Uban. Mr. Stroh was present for the discussion. Responding to questions from Mayor Mertensotto, Mr. Stroh stated that the lot is 140 feet wide by about 130 feet deep on average, approximately 16,000 square feet. He explained that there will be about a 10% slope on the driveway, and the house will be quite a distance away from the bluff line. Councilmember Smith stated that when she visited the site, she noted that the residence to the south does not have a turn- around and Page No. 6 November 7, 1995 she had to back onto what will be Mr. Stroh's driveway when she left. Mr. Stroh responded that the neighbor's driveway will go across his property through a common easement and that there is also an exit on the other side of their property. He explained that both he and his neighbor can use the easement, and he will use his part of the easement for his driveway. He informed Council that he is a structural engineer and will be his own general contractor when building the house. Councilmember Krebsbach asked what percentage of the vegetation will be removed. Mr. Stroh responded that he will remove five or six trees and perhaps 120% of the vegetation but will leave the rest of the lot the way it is. He informed Council that there are large trees on the periphery and he will add more landscaping. Councilmember Smith noted that if the plan is approved, Council will be approving a different kind of structure. She pointed out that Council must find sufficient reason to approve the variance. Mr. Stroh explained that the structure will step up the slope of the hill. He stated that the garage will be dug into the earth and is below basement level, and is really part of the foundation for the house. The construction will be poured concrete rather than block, and the upper part of the house will be on pier footings. He stated that the exterior color of the structure will be gray or an earth tone of some type. Assistant Batchelder stated that the Zoning Ordinance restricts residential structures in the R -1 District to a maximum height of 25 feet, and the Critical Area Ordinance limits the height of structures to two stories. He pointed out that measurements for the proposed house are difficult because it steps up. He stated that the Critical Area Ordinance has a different standard for variances (the standard is discussed in the Planner's report) - the variance in this case is a choice between the Zoning Ordinance height and the desire of the Critical Area Ordinance to preserve the character of the critical area to minimize impacts on slopes and to preserve views to the river. Mayor Mertensotto stated that there may be alternative designs available, but those would require significantly more grading and loss of vegetation. He pointed out that the Planning Commission recommended approval of the variance because the design reduces the impact, and recommended four conditions of approval. Those conditions are submission of additional soil borings, grading and Page No. 7 November 7, 1995 erosion control plans for Code Enforcement review; submission of drainage plans showing the drainage under the driveway; submission of a plant restoration plan; and installation of a snow fence to protect existing trees. Mr. Stroh informed Council that he has already submitted the plans. Councilmember Huber stated that he is concerned about that the vehicles of people visiting Mr. Stroh might be parked along T.H. 13. He asked if Mr. Stroh has plans to expand the driveway blacktop to allow more parking. Mr. Stroh responded that T.H. 13 is posted for no parking and that he has no plans to expand his parking area. He explained that there is room to park three cars in the driveway. Councilmember Krebsbach stated that her general concern is that each person comes in with an idea of what they want to do in the critical area and she does not want the bluff line to look like it does across the river. She stated that she would feel badly if the variance were granted and Mr. Stroh sells the home in a few years. She stated that each time Council grants a variance it is for height or fill. Mr. Stroh responded that if the variance is granted, it will be on the basis of whether the plan is appropriate for the site whether he lives in the home or someone else does. He stated that Council is not responsible for designing the house and while he can sympathize with the plight of the Council, it must balance its concerns against his rights. Councilmember Smith asked if there are other homes stepped into the bank and if Mr. Stroh's design solution would be setting a precedent for other lots along T.H. 13 which are not developed. Councilmember Krebsbach indicated that she is aware of one home. Councilmember Huber stated that what makes the house different is that it does not look traditional. He further stated that he understands what Councilmember Krebsbach is saying but his concern is not that the outside looks different but that it not be painted pastel - his concern is over the color of the structure. Mr. Stroh responded that he is keeping the site natural and is keeping the vegetation He stated that there will be stone on the house and he wants it to blend in with the setting. In response to a Page No. 8 November 7, 1995 question from Councilmember Smith, he stated that the balconies and stairways will be wood construction. Councilmember Koch stated that what Council is trying to say is that Mr. Stroh is asking for a variance for a particular house and Council could say no, which would mean a house that would be more spread out and impact the bluff more. City Attorney Hart stated that on a number of occasions in the past, Council has subjected variances to specific conditions for which Council has concerns. He stated that variances can be specifically subject to lapse for violation of a condition. He informed Council that if it so desired, earth tones or a specific color can be required and recorded with the county. Mayor Mertensotto stated that another condition could be that the house foundation cannot be enlarged, nor can there be an increase in the height of the structure and if the conditions are violated the variance would be terminated. He further stated that the recorded condition would restrict future purchasers from attempting to enlarge the structure. He pointed out that if the variance is granted it would be on the basis that the step design would preserve the site. He informed Mr. Stroh that any attempt to increase the size of the foundation or height of the structure would automatically terminate the variance. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Huber moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Assistant Batchelder informed Council that Mr. Stroh has revised his plans to include the conditions recommended by the Planning Commission. It was noted by Council that the applicant could have prepared a design to greater utilize the property but there is less environmental impact with the stepped design. Councilmember Smith moved to grant approval of a critical area site plan which has been modified consistent with the Planning Commission recommendations and, further, to approve a height variance as requested with the condition that the structure not be Page No. 9 November 7, 1995 enlarged in foundation size or height and with the understanding that any attempt to enlarge the square footage or height will automatically terminate the variance, and subject to the four recommendations of the Planning Commission. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Staff was directed to prepare, for adoption on November 21, a resolution of approval in recordable form to serve as notification to any future property owner of the termination provision of the variance. CASE NO. CAD 95 -06, Mayor Mertensotto opened the meeting for the purpose of a public SARGENT hearing on an application from Mr. & Mrs. Jim Sargent, 1040 Sibley Memorial Highway for critical area site plan review, and front yard and building height variances to allow construction of a proposed tuck under garage and living space addition. Council acknowledged reports from the Administrative Assistant and City Planner. Mr. Sargent stated that his family has lived in the home for a number of years and is seeking approval of his plan to add a garage, bedroom and additional living space. He informed Council that the addition will fall along the slope of the hillside. Responding to a question from Mayor Mertensotto, he stated that the existing home has a gabled roof and the roof line will be extended in the addition. He stated that the overall height of the structure will be 29 feet. Mayor Mertensotto asked about erosion control plans. Mr. Sargent responded that the plan is to take out a portion of the hillside in front of the house, and silt fence will be put in place during construction. He informed Council that he also owns the adjacent lot, to the south of his home. Responding to a question from Councilmember Smith, he stated that the Planning Commission recommended that he try to flatten his driveway, and his purpose is to bring the driveway down towards Mayfield Heights Lane so that the grade will not be so steep as his existing driveway. Councilmember Smith was concerned about the driveway being too close to T.H. 13. Assistant Batchelder responded that the city requires a 30 foot setback from the property line where it meets the intersection. He stated that the Planning Commission expressed a similar concern also because of the angle of T.H. 13 at Mayfield Heights Road and the Commission desired that the driveway be moved further to the Page No. 10 November 7, 1995 south to bring it further from the intersection and flatten the driveway. Responding to a Council question, Mr. Sargent stated that he is hoping to retain the existing lilacs. Mayor Mertensotto stated that approval should be conditioned that the variances would terminate upon any attempt to increase the square footage or height of the structure. He stated that the front to back topography is not so steep but it is an angular shaped lot and he would like to prevent future buyers from coming in to ask for variances to further develop the property. 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 Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith pointed out that there is an existing detached garage which will have to be removed, as only one garage is allowed by ordinance. She stated that the design of the existing house and the topography of the lot present difficulties. She stated that approving the 4 1/2 foot height variance would have a positive impact as it would bring the down to the basement level With respect to the setback variance, she stated that the existing house sits at a unique angle on the lot, so that extension of the house would be very difficult without a variance. Councilmember Huber moved to approve the modified critical area site plan with the condition that the driveway be moved to the south so that its slope not exceed three percent, and to approve a 4 1/2 foot height variance and 6.62 foot front yard setback variance with the condition that any further expansion of the square footage of the foundation or height of the structure would automatically terminate the variances, and with the condition that removal of the existing detached garage and restoration of the rear yard area be completed by September 1, 1996. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Staff was directed to prepare a resolution in recordable form for adoption on November 21. Page No. 11 November 7, 1995 CASE NO. 95 -29, PLATH Council acknowledged an application for rear yard setback variance from Mr. Roger Plath, 721 Pontiac Place, along with associated reports from the City Planner and Administrative Assistant. Mr. Roger Plath, present for the discussion, stated that he is requesting a one foot rear yard setback variance and two foot variance from the swimming pool setback requirement to allow construction of a 13 foot by 26 foot three season porch. He explained that he is locked into the design because of the rear door coming out of his home and the cement threshold. He informed Council that there was a suggestion that he move the addition five feet but he cannot do so because it would not be accessible from the back door of the house. He explained that his original application was for a 14 by 26 foot addition but, at the recommendation of the Planning Commission, he changed the dimensions to provide eight feet of distance from the pool. He stated that he has received the signed consent of the adjoining property owners. Mayor Mertensotto pointed out that the lots in Friendly Hills are smaller than the standard size and over the years Council has granted variances because of the practical difficulties of smaller lots. Councilmember Huber moved to approve a one foot rear yard setback variance and a two foot pool setback variance to allow construction of a 13 foot by 26 foot three season porch, as recommended by the Planning Commission. TUTHILL CORPORATION, Council acknowledged a memo from Administrator Lawell NATIONAL ROD END regarding continued discussion on a request from the Tuthill Corporation - National Rod End Division, for $190,000 tax increment financing assistance in developing the "Brooks Site ", located south and east of George's Golf Range. Council also acknowledged a summary of recent tax increment supported projects, a letter from Mn/DOT regarding its willingness to accept fee title to the permanent ponding easement, a letter from the Tuthill Corporation regarding its plan to relocate its manufacturing facility to the site, and letters and a listing of TIF eligible items from the general contractor, Benson -Orth Associates. Mr. Vince Jiovanazzo, from Tuthill, was present for the discussion, along with project architect Dave Clark. Mayor Mertensotto asked what can be done to modify the square concrete box appearance of the building. He informed the applicants that Council will also have questions if any portion of the TIF is proposed to be applied to land write down or land purchase costs. He stated that Council has not been granting those requests for TIF. Page No. 12 November 7, 1995 He noted that Tuthill also wants to split off the holding pond area, which had been constructed as part of the reconstruction of T.H. 55, and Mn/DOT has agreed that it will accept the land area if the lot division is approved. He informed Mr. Jiovanazzo that the lot split must be processed through the Planning Commission, but Council wants to know who will be responsible for the maintenance of the pond area, pointing out that ponding areas tend to collect debris. Mr. Jiovanazzo responded that when the property is transferred to the state, it will be responsible for maintenance, but his firm would certainly not want to look at debris on the ponding site either. Responding to the question over the appearance of the structure, Mr. Clark showed Council and the audience pictures of projects that have been built by his firm and designed with pre -cast panels, including examples of pre -cast panels and Dryvit materials which are proposed for the Tuthill project. He stated that the pictures show that different materials are used for different buildings and all of them look nice. He further stated that what is proposed is a manufacturing facility in an industrial park. Mr. Jiovanazzo stated that he understands Council's concerns over visibility of the building from the highway. Councilmember Smith stated that what she observed in the pictures that she has not observed in the Tuthill proposal is that many of the pictured buildings have some architectural relief rather than just a change in elevation from the office portion to the industrial portion of the building. She further stated that not much of the facility is office, and what is being proposed is a 25,000 square foot facility that is proposed to double in size in the future. She stated that the expansion will likely take place behind the proposed building, and her point is that there is very little office and it is tucked to the side. She stated that nothing much is done to enhance the front of the building, which is the most visible part of the structure. Mr. Clark commented that Tuthill is looking at doubling the size of the building on the site, but there is no guarantee that the office space will or will not be expanded. He stated that he does not know what will happen in ten years, but in terms of relief on the building, it has more relief than the ones in the pictures. He stated that there is a recess at the entry, overhangs on the front office, etc., all casting shadows and relief. Councilmember Smith stated that nonetheless, the only way the relief affects the industrial portion of the building is through the Page No. 13 November 7, 1995 extension of the overhang, and the more interesting office feature is not going to be visible. Mr. Clark responded that he did not plan the visibility of the building to hide the office space, but planned the office portion so that it will be seen from the view of the highway. He further stated that it is Tuthill's corporate building and Tuthill wants to project a good image. He explained that the other side is about a 160 foot long concrete wall, but there is little that can be done with it, and Tuthill really wants to take advantage of the views of the building. Mayor Mertensotto stated that it cannot be much more expensive to put something more into the design to break up the expanse of concrete. He pointed out that the building will be part of the industrial park and Council is concerned about its appearance. He asked what can be done to change the box type design, noting that General Pump rotated its office area towards the freeway . Mr. Clark responded that he can do some studies on different options on color, type of materials, etc., and see if Tuthill will give its approval. Referring to Publicorp's information, Councilmember Smith stated that Council does not allow land to be used in the TIF valuation. Mr. Jiovanazzo responded that Publicorp prepared the calculations and indicated that the calculation was similar to all of the other project calculations they have done in Mendota Heights. He stated that the land value will be removed if Council wishes. Treasurer Shaughnessy stated that the tax increment district runs to the year 2006 and his calculations on the Tuthill project tax revenue through 2006 is slightly larger than Publicorp's calculations and he did not include land value in his calculations. Councilmember Smith stated that to be consistent the land value should be taken out. Mayor Mertensotto stated that if there is a change in the ownership of the building the TIF agreement would automatically terminate, and a clause to that effect will be included within the TIF agreement. He pointed out that the applicants will have to process a lot split for the ponding area through the normal planning process and will do what is possible to break up the appearance of the manufacturing portion of the building Page No. 14 November 7, 1995 WATER AGREEMENT Council acknowledged a memo from Public Works Director Danielson along with a revised draft contract for water service between the city and the St. Paul Board of Water Commissioners. Mayor Mertensotto described many of the details of the negotiated agreement, informing the audience that under the contract, St. Paul Water will construct a 30 inch main to Delaware and Wentworth, at an estimated cost of about $500,000, and the city will be responsible for constructing the main from Delaware to Dodd for an estimated $500,000. After brief discussion, Councilmember Smith moved to authorize the Mayor and City Clerk to execute the Contract for Water Service Between the City of Mendota Heights and the Board of Water Commissioners. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 LIVABLE COMMUNITIES Council acknowledged a memo from Assistant Batchelder regarding ACT participation in the Local Housing Incentives Account Program (Metropolitan Livable Communities Act) along with a proposed resolution to elect participation. Mayor Mertensotto stated that the city will have to work with the Metropolitan Council so that they get an update as to what the housing units in the city really are. Councilmember Krebsbach stated that it is her understanding that the Metropolitan Council will be sensitive to a particular city's standards and goals. She asked if the Metropolitan Council's goals are realistic. Mayor Mertensotto pointed out that the city's commitment is only for one year. He further stated that Mendota Heights cannot meet a goal of 80% of the city's housing stock, because property values are the practical reality of the market which the city cannot control. Councilmember Smith pointed out that the city needs to work with Dakota County. Mayor Mertensotto stated that by adopting the resolution, Council would be saying it will work within the system but if an agreement cannot be reached the city's participation would lapse in 1996. Page No. 15 November 7, 1995 Councilmember Huber stated that the city must make sure that the Metropolitan Council understands how much affordable housing now exists in the city and Council must make sure that maintenance money is available for those neighborhoods. Councilmember Huber moved adoption of Resolution No. 95 -59, "RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER. THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1996." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 ATHLETIC STADIUMS Council acknowledged a memo from Assistant Batchelder relative to a proposed Zoning Ordinance amendment relating to athletic stadiums. Assistant Batchelder gave a history of the proposed amendment, informing Council that St. Thomas Academy, had been notified of this evening's meeting and were mailed copies of the current draft. He stated that he believes they feel the letter they have already submitted still stands and that they continue to oppose annual lighting licenses. Attorney Hart stated that the court cases have upheld licenses on a reasonable basis. He informed Council that he has reviewed and revised the earlier draft to make all the standards in the amendment more objective, including the license provision. He explained that he met with Planning Commission Chair Dwyer and Commissioner Friel, and he felt that the Planning Commission is desirous of having regulations primarily relating to potential noise and lighting impact on residential neighborhoods. He stated that his response is that that is not limited to stadiums, and perhaps an overall lighting scheme for all uses should be considered. Councilmember Smith stated that in terms of St. Thomas having struck a deal with the city at the time its stadium was approved, Council agreed to process its application as an accommodation because the academy did not want to wait for adoption of an ordinance. She further stated that she is not aware of any discrepancies between what St. Thomas agreed to and what is contained in the proposed amendment, and that it has always been her intention that St. Thomas would be subject to the ordinance provisions. Assistant Batchelder responded that the concern of St. Thomas is possibly from the standpoint that they are thinking the city agreed Page No. 16 November 7, 1995 that they would submit a range of dates they could work with and where that sits relative to the ordinance. Councilmember Smith responded that the discussion was that the stadium would necessarily be in a residential district and Council did not want excess noise and lighting in those districts. She stated that Council placed restrictions on St. Thomas and lighting licenses will control the amount of evening field use. Councilmember Krebsbach stated that she would prefer to stick with the conditions which were made with St. Thomas rather than licensing. Councilmember Smith responded that perhaps at the time of the original application Council could set a number of lights and then the applicant would have to come back to request a change. She also through that Council did set a certain number of nights the St. Thomas field could be used, but she did not think that included practices and she has been past the stadium many evenings when lights are on for practices. She further stated that while the St. Thomas facility does not affect any residences, it is in a residential district and if there were a stadium anywhere else in the city it could affect residences. With regard to the letter from Mr. Greving regarding grandfathering, she asked what would happen if the surround are became more residential. She felt that Section 21.6 of the amendment should be revised to include platted lots even though they are not yet developed, recommending that the language "approved building pads" be added after "residential structures." Councilmember Koch stated that she feels that Council is backing itself into a corner if a certain number of maximum games is stipulated. She asked what would happen if a game lasts longer than allowed for lighting or another game comes up that was not envisioned. She felt that Council tries to cover to many aspects and protect to much and should not back itself into a corner and end up making exceptions. She stated that she does not feel that the ordinance amendment is needed, pointing out that when Council accommodated St. Thomas and allowed them to build the stadium Council worked with them for a long time and addressed many concerns of both the residences and school and everything worked out fine. Councilmember Smith stated that the amendment will bring into the zoning ordinance what the agreement was with St. Thomas. Page No. 17 November 7, 1995 Councilmember Koch responded that when she read the amendment, there were many times she wanted to ask why certain conditions are proposed, such as why a license should be required or why there should be a restriction on the number of games. Councilmember Smith stated that she feels Council must put something in place to place limits to accommodate residential needs and still satisfy the schools. Mayor Mertensotto stated that there will be a middle school in the southeast area and there will be continuing demands for lighting at Mendakota Park, and Council does not know what the future development of the Sibley campus will be. He further stated that what the Planning Commission was looking at is that there are areas in the city that could be faced with the same situation as St. Thomas; and they felt it would be better to have rules and regulations in place rather than handling the requests on an individual basis. Councilmember Koch responded that there are already general requirements in the zoning ordinance. Mayor Mertensoto stated that he feels it would be appropriate to inform St. Thomas, Visitation and the school district that the ordinance was on the agenda this evening but because of the shortness of the comment period, it has been continued to the next meeting. Staff was directed to send copies of the proposed ordinance to St. Thomas, Visitation and the school district and request their comments. Further discussion on the matter was tabled. INSURANCE Council acknowledged a memo from Treasurer Shaughnessy regarding property and liability insurance coverages /deductibles options. Councilmember Krebsbach moved to authorize insurance coverage consistent with option 1 (open meeting law defense), and 3 (larger deductible coverage) for calendar year 1996, accruing the premium savings to the insurance reserve fund. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PLANNING CONSULTING Council acknowledged a memo from Administrator Lawell relative to a request from Dahlgren, Shardlow and Uban for an increase in its monthly retainer. Page No. 18 November 7, 1995 Mayor Mertensotto stated that Council should be consistent with past practice, and direct staff to prepare a request for proposals for providing planning service for review by the Planning Commission, and then proceed to send the RFP to service providers based on the Commission's recommendation. He further stated that when the Commission considers the matter, they should forward any recommendations to Council, since they do much work with the planner, and Council would conduct the interviews after bids come in. It was the consensus to direct staff to prepare a Request for Proposals for planning services. DRUG AND ALCOHOL Council acknowledged and discussed a memo from Assistant TESTING Batchelder regarding drug and alcohol testing requirements for local government commercial driver's license drivers, as required by the Drug Free Workplace Act. Assistant Batchelder reviewed the Act's requirements for Council and the audience and responded to Council questions. Mayor Mertensotto recommended approval of the recommendation to join the AMC/1VICIT/Medtox testing program for calendar year 1996, with any future renewal subject to Council approval. Councilmember Smith moved to enroll in the AMC /MCIT/Medtox Drug and Alcohol Testing Program for calendar year 1996, with any further review and approval subject to Council approval. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 WORKSHOP Council acknowledged a memo regarding future workshop dates. Councilmember Krebsbach moved to conduct a workshop with the Fire Department on equipment purchases at the Fire Station on November 29 and 7:00 p.m. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Smith noted that the next MASAC meeting, December 5, conflicts with the date of the Council meeting and asked staff to find an alternate to attend on behalf of the city. Page No. 19 November 7, 1995 CITY SPONSORED EVENT Councilmember Koch moved to authorize a city sponsored event to be conducted on November 16 at 5:00 p.m. at Mendakota Country Club for Administrator Lawell in recognition of his service to the city and to authorize funding for any related expenses through the Council's budget. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 AT&T Mayor Mertensotto directed staff to prepare a letter of appreciation to be directed to AT&T for the upgrading it has done at the cellular tower site. COUNCIL COMMENTS Councilmember Huber asked Assistant Batchelder to ask the Recreation Programmer to remind rink attendants of their responsibilities. Assistant Batchelder informed Council on the training which will be given to the attendants, and stated that jackets will be provided to the attendants to identify them as rink attendants. MISCELLANEOUS Assistant Batchelder informed Council that he has received a letter from Russell Wahl stating that he is retiring from conducting the annual Halloween Bonfire. Council directed staff to prepare a certificate of recognition and to invite Mr. Wahl to attend the next meeting. ADJOURN There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11: 23 o'clock P.M. ATTEST: Charles E. Mertensotto Mayor Itathleen M. Swanson, City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY.COUNCIL R r -74 General Contractor License Pump & Meter Service, Inc. Gas Piping Contractor License Air Conditioning Associates, Inc. CSH Enterprises Capital City Heating R—V-A-C Contractor License Air Conditioning Associates, Inc. Air Flow Systems Inc. Captial City Heating Centraire, Inc. Excavating Contractor License Dick's Excavating Slater Excavating Landscape/Tree Removal Contractor Green Acres Nurseries I