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1995-10-17 Council minutesPage No. 1 October 17, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 17, 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 Council that she would be absent. MISCELLANEOUS Mayor Mertensotto notified Council that Airport Relations Commission member Dr. James Olin had notified him that he will be resigning from the Commission due to ill health. He asked representatives of the local newspapers who were present to publish a press release notifying community residents of the pending vacancy. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move 4d, designation of Thanksgiving holiday, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 6, 1995 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the October 10, 1995 Park and Recreation Commission meeting. c. Acknowledgment of the Treasurer's monthly report for September. d. Approval to appoint David Paton, Ronald Katzem eier and Michael Brennan to permanent firefighter status. e. Adoption of Resolution No. 95 -56, "A RESOLUTION OF INTENT REGARDING THE MASTER PLAN FOR THE Page No. 2 October 17, 1995 NORTH URBAN REGIONAL TRAIL," and direct staff to convey the resolution and the city's intent to Dakota County. f. Acknowledgment of a monthly park status report and police park activity report for September. g. Acknowledgment of Metropolitan Council Transit Operations' information regarding transit options. i. Approval of the list of contractor licenses dated October 17, 1995, and attached hereto. k. Approval of the List of Claims dated October 17, 1995 and totaling $278,61426. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 HOLIDAY DESIGNATION Council acknowledged a memo from Administrator Lawell requesting that Council designate November 24, 1995 (the day after Thanksgiving) as a fixed holiday for non -union employees for 1995. Mayor Mertensotto felt that designating a fixed holiday would set an unfavorable precedent and that City Hall should remain open, perhaps with a limited staff, since the day is not a legal holiday. The Council members concurred and took no action. IVY HILLS PARK Council acknowledged memos from Park Project Manager Kullander regarding bids received for installation of trees, shrubs, edging, etc., at Ivy Hills Park and research on possible negative aspects associated with establishing and maintaining natural prairie grasses and wildflower plantings. Mr. Kullander explained that two contractors bid on the project, Minnesota Green Landscaping and Blaeser Landscaping. He stated that if the low bid of Blaeser Landscaping is approved, the total budget for the job, including stone work and landscape improvements for the wild flowers, the total cost for the job will be $20,235, versus the original estimate of $20,000. With respect to wildflower plantings, he stated that he has contacted experts on some of the aspects of wildflower plantings and prairie grasses and each of the three experts he contacted agreed that this is a modest project, about 2/3 of an acre in wildflowers and prairie grasses, and that this is very manageable and a good step towards achieving a natural environment. He explained that the maintained turf area around the wildflowers and prairie grasses will hold the small Page No. 3 October 17, 1995 rodents that live in the area in the area, as they do not like to come out and be exposed to their enemies. He stated that wildflowers will attract insects and birds. Mayor Mertensotto stated that it appears that there is a certain amount of maintenance required for the wild grasses, and nurturing is needed so that weeds do not take over. He asked if the city is prepared for that effort. Mr. Kullander responded that staff can handle the maintenance or the city can consider getting a maintenance contract with Prairie Restorations for the first year or two. Councilmember Krebsbach asked if the neighborhood wanted the natural environment concept. Mr. Kullander responded that most of the neighbors were concerned about maintenance of the pond and the need to keep the duck weed down. Councilmember Smith asked which types of plantings are proposed. Mr. Kullander responded that the architect selected plants which are native to the area, and a mixture of plantings which will be blooming at different times so that there is constant color throughout the season. Councilmember Krebsbach moved to accept the low bid of Blaeser Landscaping for $8,925 for landscape improvements and to accept the bid of $6,910 from Prairie Restorations for wildflowers and prairie grass seeding and the installation of wildflower plants, plugs and seedlings. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 CASE NO. 95 -26, Council acknowledged a memo from Assistant Batchelder relative CONWAY to continued discussion on an application from Mr. and Mrs. John Conway for a 3.58 foot rear yard setback variance to allow construction of a three season porch addition to within 26.42 feet of the rear property line at 2288 Apache Street. Council also acknowledged letters from Mr. & Mrs. Conway, from the contractor, Valley Investments, from Realtor Jim Diamond and from Mr. & Mrs. Lionel Greenberg, 756 Pontiac Place. Page No. 4 October 17, 1995 Mayor Mertensotto stated that the matter had been continued from the October 5 meeting, primarily at his request, because he wanted to visit the site to see the physical layout of the Conway lot. He stated that what he observed is that the Greenberg home sits at somewhat more of an angle than the road and most of the back of the Conway house is immediately seen. He further stated that the angulation causes the nearest point of the Greenberg house to be within 10 feet from the sidelot, and there are also three or four Norway pine trees on the Greenberg lot just south from the end of their house, two of which had been cut off. He pointed out that the Conway lot has three 30 foot setbacks and the front yard may even be about 34 feet back since what is difficult to conceive is the net affect from the Greenberg view whether there is a 10 foot wide or 14 foot wide porch. He pointed out that the Greenbergs will see porch when they come into their back yard, regardless of the size. Mr. Greenberg responded that he does not want neighbors any closer than necessary and granting a variance will put the Conways 3.5 feet closer. He stated that all he is asking is that the ordinance be followed. He further stated that there is no hardship, and if the Conways want a three season porch, they can build a porch the number of square feet they want without asking for a variance. He felt that the value of his property is lowered the closer the neighbors' structures get to his lot. Referencing the Planner's report regarding where variances have been granted, one of the instances is in Delaware Crossing and backs up against Friendly Marsh; another related to a fence rather than a porch, and the third is not in Friendly Hills, and no one objected in any of the three cases. Mayor Mertensotto stated that Council has granted many variances, but most on larger lots. He pointed out that the lots in Friendly Hills are 10,000 to 11,000 square feet, generally, rather than the 15,000 square foot city standard. He agreed that the variances referred to in the planning report were for pools, etc. within 10 feet of the rear lot line. He stated that, as Mr. Greenberg has pointed out to him, the lots were back to back rather than a back yard of one house adjacent to the sideyard of another and when the Conways are on their patio, which extends out 14 feet from their house, they can see everything going on in the Greenberg lot and the reverse, so there is a limited amount of privacy to begin with. With respect to Mr. Greenberg's contention that his property value would decrease, he did not see what the diminution in property value would be if there were a 14 foot porch rather than a ten foot porch because it would be so hard to discern the size difference from the Greenberg property. Page No. 5 October 17, 1995 Mr. Greenberg responded that if one prospective buyer looks at two different houses and the neighbor to the west in one house is 36 feet away but in next house is 30 feet away, he would say that the prospective would purchase the one where the neighboring home is farther away. He asked Council to compare the use of a patio to the use of a three season porch, which can be used every day regardless of the season. Mayor Mertensotto responded that the Conways could construct a 10 by 14 foot addition without a variance and he did not know how Mr. Greenberg would notice the difference. He stated that the Greenbergs have been long time residents of the city, and the house the Conways own was constructed about the same time as the Greenbergs'. He stated that Council is trying to accommodate both parties and find a solution to the problems. He asked Mr. Greenberg what his feeling would be if the Conways did landscape screening to provide more privacy to the Greenbergs. Mr. Greenberg responded that this would not take care of the ordinance or the reduction in his property value or the fact that the porch will be 3.6 feet closer to his house than if the variance were not granted. He asked who would enforce the plan and guarantee that the plantings would live and grow. He was also concerned that the height of the plantings should not be allowed to grow to a height that would further shade his yard. Mayor Mertensotto responded that if the plantings were done and did not survive the first winter, the Conways' warranty from the landscape contractor would require replacement. Mr. Greenberg stated that he is opposed to the variance and if it is granted, he would hope that Council follows the planner's recommendation for plantings, although this would not satisfy him. Mayor Mertensotto stated that Council is looking for a compromise and that he does not believe there would be a diminution in the Greenberg property value. He asked Mr. Conway if he would be prepared to provide screening recommended by the planner, with plantings beginning at the northerly extension of the porch from the house south to provide a screen to the south, such as a six foot hedge. Mr. Conway responded that he would accept the requirement and would provide a landscape screen. Page No. 6 October 17, 1995 Mayor Mertensotto stated that Council will ask the City Planner to propose a landscaping plan. Councilmember Krebsbach stated that if Mr. Greenberg is strongly opposed to the variance, she would support him even though she would like to see some type of accommodation. Councilmember Huber referred to the letter from Mr. Dimond which stated that he felt the proposed porch would have no negative impact on property values in the neighborhood. He stated that Mr. Greenberg has stated that he as been advised that there would be a negative impact. He asked Mr. Greenberg if he has anything in writing from a realtor. Mr. Greenberg responded that he does not. Councilmember Huber stated that he is also looking for a compromise, and that having been on the property and seeing the way they are angled, he tried to see what the impact would be on the Greenbergs if the variance were granted. Mayor Mertensotto stated that in this particular case there is a practical hardship, and the impact of the porch on privacy can be mitigated through screening. Councilmember Krebsbach stated that she feels that Council speaks for the sole resident who feels some assurance in the city ordinances that when their time comes that there is something they oppose and they take the position that a variance should not be approved unless there is a hardship, as Mr. Greenberg has, she could not support the variance. She did not see the size of the porch as a hardship and stated that she would not support the variance unless Mr. Greenberg changes his position. Councilmember Smith stated that she does not look at it as the size of the porch in particular but the fact that the Conway house is set back approximately four feet further from the street than the neighboring house to the south, and any kind of addition to the back of the house could be a maximum of ten feet. She pointed out that there is already a two foot chimney which would have to protrude into the room, so she did not think that a room eight feet wide is a reasonably sized room. She stated that while she is not particularly defending 14 feet, a useable eight feet would not be adequate and she did not feel that Council would be doing anyone kind of service by denying the request and allowing the Conways only to put an eight foot usable space in back of their house. She pointed out that the lot is undersized, the house is set back an additional four feet, which limits what can be done to the back of the house, and stated Page No. 7 October 17, 1995 that she feels it is reasonable to build a porch to the back. She felt that the structure must be greater than the ten foot width that would be allowed by ordinance. Mr. Greenberg stated that the porch could be built to the north without reducing the size of the garage or the size of the porch. After continued discussion, Councihnember Smith moved to grant a 3.58 foot rear yard setback variance based on findings that the lot is under sized, that the house is set back an additional four feet from the property line, that the existing chimney will protrude into the porch, and the Conway house is approximately at right angles to the Greenberg house, so that no one could look directly into one house from the other, on the condition that the applicant will agree to install a screening hedge in accordance with a planting plan to be developed by the City Planner. Councilmember Huber seconded the motion. Ayes: 3 Nays: 1 Krebsbach NATIONAL ROD END Council acknowledged a memo from Treasurer Shaughnessy regarding a request from the Tuthill Corporation, National Rod End Division, for $185,000 in pay -as- you -go tax increment financing assistance in the construction of a 25,000 square foot manufacturing plant on the "Brooks" site, located south and east of George's Golf Range. Mr. Mark Steingas, President of Benson -Orth Associates, the general contractor for the project, Mr. Vincent Jiovanazzo, General Manager of National Rod Ends, Mr. David Clark, the project architect, and Mike Munson, from Benson -Orth, were present for the discussion. Mr. Steingas stated that he feels the project will be a great benefit to the city because of increased job base and the number of jobs. Mr. Jiovanazzo explained that National Rod End is a manufacturer of industrial bearings which are marketed world wide. He explained that National is a subsidiary of Tuthill, with 39 employees, and is currently located in leased space in Eagan. He stated that there are eighteen divisions of the Tuthill Corporation and the divisions are decentralized. He explained that no die casting is done and all of the waste, low carbon steel and metal, will be stored in doors, and shipping is done daily by local freight haulers. He stated that there will be one drive -in and three drive -up loading docks with standard eight by eight doors. The loading dock and most of the parking will be behind the building and virtually impossible to see from any public area. Page No. 8 October 17, 1995 Mr. Steingas explained that there will be a public entry in front and staff entry in the rear. He stated that the manufacturing area is predominant and there will be about 3,500 to 4,000 feet of office. Councilmember Krebsbach asked if it is a 24 hour operation, and if not, if it would become a 24 hour operation. Mr. Jiovannazo responded that it is currently a one shift operation but that could change as business increases, although it would have to increase substantially to do so. Mayor Mertensotto asked about the exterior of the facility. Mr. Steingas responded that the manufacturing area will be pre -cast with a painted finish, and the front office will be Dryvit finish with a light stucco finish and a band and continued glass. Mayor Mertensotto stated that Council is always interested in adding to the industrial area, and it seems like a very plain warehouse. Mr. Steingas responded that Tuthill gave him the charge to design a facility for the local company and aspire to the corporate mentality but still stay in budget. He stated that he could try to do something around the entire facade of the building or concentrate dollars in specific areas for maximum impact. He explained that he developed overhangs and continuous glazed areas and lighting under the soffits and light steel detail to make the building look better in the front. He informed Council that landscaping is important and he would prefer to put money into landscaping. He then reviewed the landscaping plan. Mayor Mertensotto stated that the building still has a concrete box look and Council has been requiring something more than the concrete box structure, particularly where TIF is used. Mr. Munson responded that he picked the pre -cast because it is far superior to a masonry or block building and has very high thermal characteristics and sound attenuation plus it fits the project. He pointed out that there is a masonry building just behind the property. He stated that the pre -cast panel is really high quality and nice looking. Mr. Jiovannazo stated that Tuthill is very conscious of its image and one thing he does not want for his division is a concrete box building, so he asked the architects not to put a racing stripe around the building so that it looks like a concrete box with a racing stripe. Page No. 9 October 17, 1995 He stated that what has been done is painting the building with medallions to accentuate it. He stated that he wants a high image to the office and the glass and lighting is more effective. He explained that some of the plantings towards the edge of the building, along with the proposed lighting structure, tend to break up the box look. He stated that any future manufacturing expansion, hopefully to be done in a five year period, will be done behind what will be seen from the road. Mr. Steingas stated that part of the reason for requesting TIF is because they are spending a lot of extra money to get the building up to Tuthill's image yet still work within the budget that National End can work with to bring the business to Mendota Heights. He stated that Tuthill wanted a very high class building, but that cannot be accomplished without TIF assistance because of National Rod End's budget constraints. Councilmember Huber stated that there was a TIF project on a United Properties proposed project where Dryvit was proposed and Council said no because it did not like the Dryvit. He stated that if no assistance was being requested, Council could likely not stop the project, but in this case TIF is requested and Council has more influence. Responding to a question from Mayor Mertensotto, Administrator Lawell stated that there are several buildings in the park where Dryvit is not the primary material but has been used for decorative facia material around the entryway, such as Big Wheel. Mr. Steingas responded that the Dryvit is just being used on the top facade of the office, and below the window line stone faced block is proposed. He stated that painted random rib pre -cast tilt -up panel goes all around the building. He explained that it is a superior tilt -up panel. Councilmember Smith stated that at the proposed value and 25,000 square feet, that comes to $56.00 per square foot. She asked how that compares to other buildings in the industrial park. Administrator Lawell responded that staff has not done that analysis so he could not respond. Councilmember Smith asked if the TIF calculation includes the value of the land. She stated that Council typically does not include land. She stated that Council needs to see the assumptions used. Page No. 10 October 17, 1995 Mr. Steingas responded that the $1.4 million does include the land - the values are $1,055,000 for the building and $350.000 for the land. He stated that the calculation for TIF is based on the $1,050,000. He stated that the assumptions will be submitted as the project goes along with Tuthill. Councilmember Krebsbach stated that the property is a very desirable industrial lot. She asked what the plan is for George's Golf Range, and what screening there is to George's. Administrator Lawell responded that the owner has been approached a number of times by industrial concerns but he has not been interested in selling to this point. He stated that it is a fair assumption that at some time in the future the land will change use, but that is up to the owner. Mr. Steingas stated that there is a stand of trees between the properties, and he has tried to hide all truck traffic behind their building. He explained that the building exceeds the budget for National Rod End but it is what Tuthill wanted. Mayor Mertensotto stated that because of the nature and appearance of the structure, he would like to see some other treatment and would like to see what the tilt -up panel options are. He further stated that if the land is taking up 30% of the budget, too much cannot go into the building. He was especially concerned about what the building will look like from T.H. 55. Mr. Steingas responded that he has looked at other buildings in the park, which is why the panels have been upgraded by $3.00 per panel. He stated that the only upgrade to the proposed panel is exposed aggregate, and no one could tell that that is an upgrade as they drive by on the highway. He felt that what is proposed is a good industrial project. Mayor Mertensotto stated that he is not satisfied with the proposed appearance and would like to look at options. He stated that at the present time he would like to say that Council wants to work with National Rod End but he is not ready to say yes to TIF participation at this time. Councilmember Huber stated that Council has spent several workshops on development of the T.H. 55 corridor and wants to be sure that the building is what Council is looking for if there is to be a TIF investment in the project. Page No. 11 October 17, 1995 Mayor Mertensotto stated that since this is the Council's first exposure to the proposal, he would like to look at the city's and Eagan's industrial developments where there is very little office. Mr. Steingas stated that he would prepare a list of structures. Administrator Lawell referred to a ponding issue - Mn/DOT purchased only an easement for the area on which it constructed the ponding area, not fee title, whereas Tuthill thought it was looking at the balance of the site, exclusive of the pond. Mr. Jiovanazzo the parcel was advertised acreage wise, less the ponding area, and National Rod End is concerned about the future liability of owning the pond. He stated that the parcel is 4.7 acres without the ponding area, which is 2.75 acres approximately. Administrator Lawell stated that the issue becomes that Tuthill does not want to acquire the ponding area, if they are going to acquire the property, it would entail splitting the property and leaving the pond as a separate parcel. He stated that the issue is whether Council would consider a division in the future. Mr. Jiovanazzo stated that his corporation has an environmental issue with the pond, and there are very few advantages to the firm to own the pond, and much potential liability in the future should there be a spill from a tanker truck in the future. He stated that it becomes a legal issue, and Mn/DOT has indicated that they would be apprehensive about indemnifying Tuthill from any liability. He stated that the issue just came up and has not been resolved. Mayor Mertensotto stated that his initial response to dividing off the pond would be no. Mr. Jiovanazzo stated that his firm would do the maintenance on the pond but is concerned about liability. Responding to a question on the project timetable, he stated that he is contemplating winter construction. Further discussion on the matter was tabled. PAGEL ROAD STOP SIGNS Council acknowledged a memo from Engineer Mogan regarding four way stop signs at Pagel Road and Keokuk Lane. Council also acknowledged a letter from James Losleben, 815 Hazel Court, objecting to the proposed change from a three -way stop intersection. Page No. 12 October 17, 1995 Mayor Mertensotto stated that the Losleben letter indicates most people are speeding through the intersection as they come off T.H. 149 onto Pagel. He also felt problems at the intersection would increase in severity because the pedestrian path will not be striped until spring. He felt that the intersection should be made a four -way stop before the pedway is completed, in order to keep people from speeding through the intersection. Mr. Losleben stated that the he believes people will continue to speed through the intersection regardless of a fourth stop sign. He felt that people just need to be reminded from time to time, by police ticketing, that the speed limit is 30 miles per hour. Regarding the pedway, he stated that it should be much safer now, because the roadway will be much wider, the roadway has been lowered, and the pedway will be striped. He opposed the stop sign, feeling that the situation is safer now because the street is 32 feet wide and there will be a dedicated pedway. Councilmember Smith asked if the existing signs are just stop signs or if there is signage that the fourth part of the intersection does not stop. Mr. Losleben responded that there is no other signage but it would be helpful if signs were installed to notify people that it is a three - way stop intersection. He felt that there should be more publicity on the issue so that people can give their input, and asked that a decision be delayed until after the street is finished and some police enforcement has occurred. Further discussion on the matter was tabled until November 21 to allow additional citizen input. COLONY TOWNHOUSE Council acknowledged a memo from Engineer Mogan regarding STORM WATER PROJECT bids received for the joint Lilydale /Mendota Heights Colony Townhome storm water improvement project. After brief discussion, Councilmember Krebsbach moved to grant to the City of Lilydale approval to accept the low bid of Lametti & Sons, Inc., and to execute a contract for the construction of the storm sewer improvements, with the condition that Lilydale be notified that Council wishes to approve any change orders. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Councilmember Smith asked about costs if Mn/DOT does not participate. Page No. 13 October 17, 1995 Public Works Director Danielson responded that the Joint Powers Agreement calls for a 50150 cost split and that he is confident that Mn/DOT will participate. WETLANDS REPLACEMENT Council acknowledged a memo from Engineer Mogan regarding wetland replacement plan approval for the Mendakota Country Club. Mayor Mertensotto briefly reviewed the plan. He stated that what is proposed is an improvement to the Mendakota property. Public Works Director Danielson stated that the proposal is consistent with the wetlands permit which the city granted subject to whether or not a wetlands conservation act permit was needed. It has been determined by Barr Engineering that there was more than 400 square feet of wetlands being filled, and there is 3,000 square feet to be filled. He informed Council that notices have been sent to all necessary agencies and there have been no negative comments. He pointed out that the wetlands replacement is more than ten to one. He stated that the only staff concern now is the elevation of the water - Mendakota is looking at raising the water a little higher than staff would like because of concern over back up into the storm sewer line that feeds into the site. After discussion, Councilmember Krebsbach moved to approve the wetlands replacement plan for the creation of 0.90 acres of replacement wetland on the Mendakota Country Club on the Southeast quarter of the Southeast Quarter of Section 26, Township 28 North, Range 23 West in the City of Mendota Heights subject to the conditions stipulated at the time the wetlands permit was granted. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CELLULAR TELEPHONE Council acknowledged a memo from Assistant Batchelder regarding TOWER AMENDMENT a proposed ordinance amendment to address cellular telephone towers. Mayor Mertensotto stated that he thinks that at the present time, Council has set the criteria and precedent for 75 feet, and he feels that the current ordinance conditional use procedures and zoning district standards are adequate and gives Council more flexibility in dealing with applicants. Page No. 14 October 17, 1995 Councilmember Smith stated that her concern is that technology is rapidly changing and it would be very difficult to set down appropriate standards. Councilmember Krebsbach supported the comments, but asked that staff research what other communities are charging for the use of water towers. It was the consensus to take no action on the matter. VARIANCE PROCEDURES Council acknowledged a memo from Assistant Batchelder regarding a proposed amendment to the variance section of the Zoning Ordinance. Mayor Mertensotto stated that he has spoken to Attorney Hart about the proposed amendment and Attorney Hart is very concerned that Council give careful thought to the proposal. Attorney Hart's concern was that if an applicant had the consent of his neighbors, he might think it is implied that the variance would be granted. Councilmember Krebsbach stated that she feels that it would not be appropriate for Council to base approval solely on consent. She stated that there are other factors which must be considered in addition to consent of neighbors. Councilmember Smith felt that the intent is to give Council greater latitude in making decisions but agreed that the provisions would be interpreted differently. It was the consensus to take no action on the matter at the present time. MONITORING WELL Council acknowledged a memo from Public Works Director AUTHORIZATION Danielson regarding the installation of a monitoring well at the SOS station. Public Works Director Danielson explained that the SOS has taken some borings and discovered that there is ground pollution as the result of its gas operation, and have hired a contractor to work with the PCA to clean up the site. He informed Council that the contractor has done some soil borings to determine the extent of the pollution and is still working towards that end and has installed an extraction well on the site, and has done a test boring on the city property to the west, and has found that the pollution extends over to that site. He stated that the contractor would like to put a monitoring well on that site to determine how well the extraction process is Page No. 15 October 17, 1995 working, and they need city approval since the well would be on city property. Mayor Mertensotto responded that the city must know how long the well will be in place. Public Works Director Danielson responded that the well is just a hole with a pipe that will come out of the ground about two feet. He stated that it is unknown at this time how long it will take to clean the site, but it will be fairly close to Lexington. Councilmember Smith asked if the location of the well is in a place that the city would find acceptable if it becomes a long -term venture. stated that she would like SOS to work with the city over the location of the well to ensure that there is some utility to the property so that the city is not responsible for paying for relocation in the future should the lot develop. Public Works Director Danielson responded that the maximum duration of the well use would five to seven years, and the plume will dictate where the well must go. Mayor stated that it should be somewhere within 10 feet from the right -of -way, because that would be the absolute minimum setback for development. Acting City Attorney Michael Duffy stated that the right -of -entry agreement should clarify that SOS will cap the well when they are finished using it and the city may also want to ask for an indemnification so that if there is gas on the property they will have to clean it up. Councilmember Huber suggested that SOS also be required to submit certification to the city when the well is capped that the area is clean. Councilmember Krebsbach moved to authorize the Public Works Director to execute a "Right of Entry/Monitoring Well Installation" and Dakota County Environmental Management Department's forms, conditioned that when the monitoring well be certified to be clear upon abandonment, and that it be located no further than ten feet of any existing road right -of -way. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Page No. 16 October 17, 1995 RESCHEDULE MEETING Councilmember Krebsbach moved that starting time of the November 7 meeting be delayed to 8:00 p.m. due to the fact that the school district is conducting a referendum on that date. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Council discussed a complaint received over late construction noise on the Heaver project. ADJOURN There being no further business to come before the Council, Councilmember Krebsbach moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 11:37 o'clock P.M. ATTEST: 16thleen M. Swanson, City Clerk Charles E. Mertensotto Mayor