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1994-03-03 Council minutesPage No. 3936 March 3, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Thursday, March 3, 1994 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the February 15, 1994 regular meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, revised to move item 5f, lighting retrofits, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the February 22 Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for February. C. Approval to purchase a Toro model 325-D riding lawn mower with cab for the Parks Department from MTI Distributing Company, for its low bid of $14,145.33 with trade. d. Approval to purchase a Toro 3711 regular deck with 14 hp Kohler Traction Unit (walk-behind mower) from Polfus Implement, for its low quote of $2,131.20. e. Adoption of Resolution No. 94-14, "A RESOLUTION NOMINATING THE MENDOTA HEIGHTS Page No. 3937 March 3, 1994 VOLUNTEER FIRE DEPARTMENT FOR THE 1994 MINNESOTA FIRE DEPARTMENT COMMUNITY SERVICE AWARD." f. Adoption of Resolution No. 94 -15, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA (THE "CITY ") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY'S COMMERCIAL DEVELOPMENT REFUNDING REVENUE BONDS (CENTRE POIINTE ONE ASSOCIATES PROJECT) SERIES 1994 (THE "BONDS ") WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES PLEDGED THERETO; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS." g. Approval of the promotion of John Boland from Maintenance Worker II to Maintenance Worker III effective April 4, 1994. h. Approval of the list of contractor licenses dated March 3, 1994 and attached hereto. h. Approval of the list of claims dated March 3, 1994 and totaling $221,342.80. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 LIGHTING RETROFIT Council acknowledged a memo from Building PROGRAM Manager Guy Kullander regarding energy saving lighting retrofits for the city offices and public works maintenance facility. Councilmember Smith asked what the affect of the change in lighting will be, particularly in the Council Chambers since it is used for meetings. She also asked if NDC -4 had been contacted to determine whether there will be any impact on televising meetings. Administrator Lawell explained that the program proposed by NSP will not in any way affect the color or intensity of the lighting, and that the biggest change will be in the temperature of the room. The lights which are proposed to be installed will not generate as much heat as the existing lights. He also Page No. 3938 March 3, 1994 explained the program criteria. Administrator Lawell stated that he believes the camera equipment adjusts to the lighting level. He further stated that although NDC-4 has not been contacted, he will do so. Councilmember Smith asked what change in fixtures will be required. Administrator Lawell responded that he does not believe any fixtures will need to be replaced and in most cases the there will just be a smaller diameter bulb. Treasurer Shaughnessy stated that the work at City Hall will just involve changing ballasts and bulbs but that fixtures will be replaced at the Public Works garage. He informed Council that NSP will finance the contract for the work, deducting the savings on the city's energy bills to pay for an interest free loan. After the cost of the contract has been paid, which is anticipated to be four or five years, the city will realize the energy savings. Councilmember Smith moved to direct staff to complete the applications required for the energy saving lighting retrofit program for the City offices and Public Works garage and to request NSP approval to proceed with the project. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 VOLUNTEER WEEK Mayor Mertensotto read a proposed proclamation to designate April 17-23 as Volunteer Week. Councilmember Smith moved adoption of a "Proclamation Designating April 17-23, 1994 as Volunteer Recognition Week." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 SENIOR CITIZEN Council acknowledged a memo from Administrator PROPERTY VALUATIONS Lawell regarding proposed adoption of a resolution urging the state to enact changes in the property valuation tax laws to provide fiscal relief to senior citizens. Mayor Mertensotto stated that the matter is on the agenda at his request. He explained that after property valuation notices are mailed, a number of calls from residents are always Page No. 3939 March 3, 1994 received and that he is particularly concerned when he gets a number of calls from senior citizens. He stated that in responding to those calls, he can only explain that state law controls the county assessor's office and the assignment of values for tax purposes. He informed Council that he received one call from an 80 year old woman whose market value increased from $97,000 for 1992 to $117,000 for 1993, and then to $120,000 for 1994. He felt that such increases are unconscionable for an elderly person and that something must be done. He pointed out that many seniors have no way to increase their income and increases such as this are a big burden, and stated that this is why he proposes that Council adopt a resolution to urge the legislature to provide relief to senior citizens. He read the proposed resolution for Council and the audience. Councilmember Krebsbach expressed concern over the impact that a change in legislation would have on state policy and stated that she would like more time to think about the implications of opposing state policy. Councilmember Smith moved adoption of Resolution No. 94-16, "A RESOLUTION URGING THE STATE OF MINNESOTA TO ENACT CHANGES IN THE PROPERTY VALUATION TAX LAWS TO PROVIDE FISCAL RELIEF TO SENIOR CITIZENS OVERLY BURDENED BY PROPERTY VALUATION INCREASES." Councilmember Koch seconded the motion. Ayes: 4 Abstain: I Krebsbach CASE NO. 94-04, Council acknowledged memos from Administrative ST. THOMAS ACADEMY Assistant Batchelder regarding an application from St. Thomas Academy for a conditional use permit for an accessory use and variance to allow the school to upgrade its football, soccer and track and field facility, adding lights, bleachers and a press box. Council also acknowledged a site plan, a letter from St. Thomas, planning consultant report, and a proposed resolution. Mayor Mertensotto stated that the city's planning consultant, in his report, referred to the athletic facility as a stadium and that a question arose before the Planning Commission as to whether a football stadium is an allowed use in the R-1 District. He Page No. 3 940 March 3, 1994 suggested that, rather than getting into a dispute over defining whether the proposal is for an athletic complex or a stadium, Council should hear Mr. Greving's presentation and refer the matter back to the Planning Commission for consideration of amending the Zoning ordinance to allow stadiums as a conditional use. Mr. John Greving, St. Thomas Headmaster, introduced the following individuals: Gary Turpening and Bill Makens (architectural drawing and plans), Dennis Leslie (lighting), Gerry Brown (parking) Jack Zahr (attendance and stadium schedules), and Kevin Berg, Kelly Michel, Rob Nordin and Bob Slater. Mr. Greving stated that St. Thomas has been engaged in long-range strategic planning for two years. He explained the Academy feels that it is essential to provide an opportunity for the students to compete and believes that it is advisable to improve the athletic facilities on the campus including the addition of field lighting. Mr. Greving informed Council that the Academy has operated on a year-to-year agreement with the University of St. Thomas for use of its athletic facilities and stated that the Academy has always made its facilities available for city use. He stated that Mend- Eagan uses the Academy's fields for football and baseball and noted that one-quarter of the students at the school are Mendota Heights residents. Mr. Greving stated that the individuals present on behalf of St. Thomas have come in response to Planning Commission conditions on parking, etc., and are prepared to address the Commission's concerns. With respect to the interpretation of zoning, he stated that the Academy agrees with the interpretation of the city staff and city planner that the facility fits within the existing Zoning ordinance. He explained that the proposed improvements serves the purpose of the school and its programs. Mr. Greving stated that he has worked with the city's Public Works Director on a parking fact sheet which shows that there is sufficient parking. He stated that the proposed lighting is state-of-the-art, and that if the height variance requested is granted, it will not alter the character of the Academy. Page No. 3941 March 3, 1994 Mr. Turpening reviewed the landscape and lighting design plans. He explained that the average lighting from end zone to end zone is 50 foot candles and diminishes down to 8 foot candles on the east-west end of the track. At about 450 feet from the center of the football field, the average lighting will be equivalent to a full moon. He stated that 68 of the 72 luminaries will be focused on the football field. Mr. Turpening then showed an aerial photo of St. Thomas and Visitation and a topographic view of the site, stating that the facility will be incorporated into a hill to minimize its impact. He reviewed the proposed site plan for the stadium, stating that the football and track fields have existed for many years and that the proposal is to build a grandstand and control center at the north end of the field. He reviewed the flow of parking, described the grandstand area and reviewed detail drawings of the control building. Mr. Turpening showed a view of the grandstand facing towards the St. Thomas Academy building, an end elevation of the facility, a drawing showing the impact on existing buildings and a drawing of the facility drawn to scale showing the contours and topography of the land and the impact of the sight lines from the Rogers Lake residential area to the football field. Mayor Mertensotto asked how many light bars there will be. Mr. Turpening responded that there will be three bars on each 70 foot standard with six luminaries on each bar. Mr. Leslie, consulting engineer for the lighting, stated that the luminaries are about 20 inches in diameter and each weights about 100 pounds. Mayor Mertensotto expressed concern about pole strength and asked if they were designed by an engineer. Mr. Leslie responded that they are all assembled and certified by the manufacturer and that they will have an anchor bolt assembly into the ground. Mayor Mertensotto asked if there is a manufacturer's recommendation on soils. Page No. 3942 March 3, 1994 Mr. Leslie responded that the Academy has retained Braun Testing to perform soil testing and the firm is preparing a recommendation, and the light standards will be installed in accordance with their design specifications. Mayor Mertensotto stated that the elevation drawings indicate that there is little question that the light standards will be seen from homes on Wagon Wheel Trail. Mr. Leslie responded that because of the height of the school and its location on top of a hill, the houses on the east side of the lake will not see the standards and will only see the St. Thomas facility itself. He stated that the Academy can plant more trees to shield the facility from the homes on the west side of the lake. He further stated that if lighting becomes offensive, baffles can be added to the lights. Mr. Turpening stated that the football field is at elevation 884 and the front of the main building at St. Thomas is at elevation 920. The height of the building from that point in the driveway is an additional 30 feet, or a 950 foot elevation at the top of the building. He stated that even with 70 foot light standards, that puts the top of the standards at a 954 foot elevation. He further stated that the drawings show that because of the depression of the field, the top of the standards would only be about 4 feet above the St. Thomas building and the lights are below the top of the standards. Mr. Zahr reviewed parking facts and topographic drawings of the school grounds, describing existing parking at St. Thomas and Visitation, which shares parking for special events. He explained that Visitation is a co- tenant of the St. Thomas athletic facilities. Mr. Zahr stated that there are 521 established spaces on the two campuses. He informed Council that the school has a gentlemen's agreement with IOS to allow parking in its lot when needed and that Mend-Eagan uses the lot for parking for its games. He informed Council that the IOS property has been sold and St. Thomas will contact the new owners when the facility changes hands in April. He reviewed other areas which can accommodate parking and which could be improved for Page No. 3943 March 3, 1994 parking if needed. He reviewed attendance figures for the last three years, which averaged 969 people, and informed Council that the largest single game crowd was 1348. He stated that he does not think that the improved facility will bring an increased level of traffic into the neighborhood and stated that over 1200 people on site every day including students, faculty and visitors without any parking problems. Mr. Zahr stated that there will be about 12 to 14 regularly scheduled night events each fall, with games starting at 7:00 p.m. He stated that all but four of the events will be attended by less than 100 people and he did not anticipate any change in the pattern of traffic than now exists. He stated that St. Thomas has instructed other teams to enter the Academy site from Lake Drive and that city police officers will be hired to help with traffic control for large events. Mayor Mertensotto asked if St. Thomas would be willing to stipulate as a condition of a conditional use permit that the facility will not become a lease facility for other schools, etc., so that the field does not get used three or four nights a week. Mr. Zahr responded that the Academy would like to be very protective of its fields and has no intention to lease the complex out. He stated that if there were a special night when Mend- Eagan were to want to schedule a special championship game the Academy would let them use the facility. Mayor Mertensotto stated that the city would need to have an agreement that the school would not lease out the facility and that this should be specified in the conditional use permit. He asked if the school would be willing to barricade Lake Drive where it turns at the lake so that it cannot be used. Mr. Zahr stated that St. Thomas could use barricades for the four varsity games, which are the only games when he would anticipate more than 100 people, and that the police officers could also direct traffic to Mendota Heights Road. Page No. 3944 March 3, 1994 Mayor Mertensotto asked for questions and comments from the audience. Mr. Greving stated that the upgrading and improvements will provide the St. Thomas students with an improved educational program and that much work and thought has gone into the long range planning. He further stated that he hopes the St. Thomas representatives have conveyed to Council that St. Thomas looks forward to working with the city to build a first-rate facility. Mayor Mertensotto stated that the Planning Commission heard the application for conditional use permit and unanimously recommended its approval subject to three conditions: proof of parking, installation of diffusers on all light standards and receipt of an opinion from the City Attorney that a stadium would be allowed as a conditional use in the R-1 district. He further stated that he has suggested that consideration should be given to amending the Zoning ordinance to provide for a stadium as a conditional use with the conditions stated in the March 3 memo from Assistant Batchelder. He explained that Council could direct staff to advertise for a hearing on the ordinance amendment by the Planning Commission in March, and in the interim Council could table the matter until its first meeting in April. He stated that with respect to the Commission's condition on lighting, it is the understanding that diffusers would be added to the lights to correct any problems which may arise, and pointed out that the St. Thomas representatives have indicated that it is not the intent to lease out the facility. Councilmember Krebsbach asked if there is only one entrance gate to the stadium. Mr. Greving responded that there are two entrances, one for spectators and another for emergency vehicles. Councilmember Krebsbach asked about the impact on the Visitation Monastery in terms of visiting teams which may not be aware of the Monastery. She noted that one of the alternative parking sites is at Visitation. She also asked about parking on Mendota Heights Road and about concession activity. Page No. 3945 March 3, 1994 Mr. Greving responded that the Visitation parking would not be advertised and that it would be used by the St. Thomas students and parents. People would walk around the fine arts center and along Lake Drive. With respect to Mendota Heights Road, he stated that if people park on Mendota Heights Road, they could walk from the road to the path leading to the entrance gate. He stated that the Academy is considering allowing a firm to use a mobile unit in the open area behind the stadium for concessions. Councilmember Krebsbach informed Mr. Greving that any signage on the press box would have to be approved. She asked if lighting will be sufficient for football games and if there will be lights for pedestrians. Mr. Greving responded that no consideration has been given to signage on the press box at this time. With respect to lighting, he stated that if diffusers were required on all of the lights, it would create a black hole, and the way lighting is currently proposed - putting up standards and using the lighting in the most efficient manner and diffusing individual lights in response to complaints - is best. He stated that there are no lights on Lake Drive because it is a residential street, and further stated that it is not likely that the flow of traffic will be into the neighborhood. Mayor Mertensotto asked about fencing and volume controls for the public address system. Mr. Greving responded that there will be six foot high fencing close to the perimeter of the field and that the P.A. system volume will be less that the airplane noise. Councilmember Smith stated that it is highly unlikely that St. Thomas will need as large a grandstand as proposed and asked why it is being proposed to be so large. Mr. Greving responded that state code requires 22 inches of width per person for bleachers. He stated that people from one team will sit on one side of the bleachers and the other team will sit on the other side, and the bands will be set apart. He stated that although Page No. 3946 March 3, 1994 the facility may never be filled to capacity, it will provide sufficient room for everyone to be comfortable and for home and opposing teams to sit on opposite sides. Councilmember Smith asked if the Academy has plans for tennis court replacement. Mr. Greving responded that the existing court was not in ideal site and there are other sites on campus where it can be relocated. Councilmember Huber see anything in the ordinance amendment Administrative Assi, restrict St. Thomas proposing. stated that he does not wording of the proposed (March 3 memo from stant) that would change or from doing what they are Mayor Mertensotto stated that Council would have to make a ruling that the proposal is an athletic complex rather than an athletic stadium, which is only allowed by ordinance in B-3 Districts. He felt that in order to avoid any zoning problems a decision should be delayed until after consideration has been given to amending the ordinance. Councilmember Huber asked what it is about the proposal that makes it a stadium when what St. Thomas has been using for many years has been allowed. He stated that the existing athletic facility and bleachers have been used for years, that the city has allowed the use. He asked how the proposal is anything other than improvements to the existing facility. Mayor Mertensotto responded that is possible that the city could be challenged as being outside of the Zoning ordinance because the proposal has been referred to as a stadium. Mr. Greving responded that when St. Thomas started planning the project last fall it was with the hope that the project could be completed before the 1994 football season, which requires that the field be completed by August 15. He explained that in order to meet that date for the grandstand and track improvement, engineering, grading, asphalt installation etc. must be completed, and in order to accomplish those items the project must start by March 3. He stated that there are over 1000 individual pieces that must be Page No. 3947 March 3, 1994 made for the grandstand plus the fabrication of the seats, and it takes eight to twelve weeks to design and fabricate the individual pieces. He stated that a commitment cannot be made to making the fabrication forms until city approval is received and that if 30 days is lost waiting for an ordinance amendment, the August 15 date cannot be met. Mayor Mertensotto stated that he has received calls expressing various concerns about the facility and some objections to it. He noted that no one has objected this evening and it would appear that Council could work out the conditions, but a building permit cannot be issued until the project is approved. He pointed out that construction cannot begin until the frost is gone. Councilmember Huber stated that he can appreciate Council may wish to consider making a change in the zoning ordinance in order to protect homes surrounding a facility elsewhere but that this does not appear to be an issue in the St. Thomas proposal. He felt that the proposal falls within the ordinance and pointed out that the city has already allowed bleachers to be put up. He asked why St. Thomas should be held hostage for something that might be an issue elsewhere in the city but not at the St. Thomas campus. Acting City Attorney Evan Coobs informed Council that he has researched what a stadium is and that it is not defined in case law or any zoning code. He stated that the dictionary defines a stadium as a large, unroofed building. Responding to Councilmember Huber's comments, he stated that he also is not sure where the line should be drawn. Councilmember Huber stated that if there were no existing facility on the campus he might agree about an ordinance amendment but St. Thomas is simply improving an existing facility. Councilmember Smith stated that Council is dealing with R-1 zoning and a facility is unique at this point. She stated that at a site where such a facility could adversely affect people it could be very detrimental, and while she felt that the proposed facility Page No. 3948 March 3, 1994 is very suitable for the St. Thomas campus, Council must be consistent. Mayor Mertensotto stated that he did not feel that money should be spent on directing the City Attorney to determine whether the proposal is an athletic facility or stadium and whether it can be allowed in an R-1 District. He stated that he would rather go through the process of amending the zoning ordinance, and that he cannot believe St. Thomas would be hurt by a 30 day delay and must have approval this evening. Mr. Greving responded that it is not necessarily the construction but the commitment to the factory that builds the seating that is a problem. He further stated that the St. Thomas representatives have studied the code and since the existing structure serves as an accessory use for the school, the proposed improvement is upgrading a use that is accessory to the primary facility. He stated that if action is not taken this evening, the school could be left in a precarious position. He asked whether, if an ordinance amendment failed, St. Thomas would have the right to interpretation under the existing ordinance. Mayor Mertensotto responded that Council must follow statutory procedures and one of those is that if there is a petition for a Zoning Ordinance amendment a public hearing must be conducted. He stated that the Planning Commission could recommend not to change the ordinance but Council is not bound to that recommendation. He explained that the ordinance amendment would be the only issue before the Commission. Mr. Greving responded that St. Thomas would concur with Councilmember Huber's interpretation of the ordinance and the way the school has existed since 1965. He pointed out that the school would basically be upgrading and improving the existing facility for its athletic program. Mayor Mertensotto was concerned about the possibility of setting precedent. Planning Commission Vice Chair Ultan Duggan stated that in the past the city has approved Page No. 3949 March 3, 1994 applications with contingencies. He stated that the Commission has recommended approval of the application with conditions and asked what the ramifications of a negative decision by the city on an ordinance amendment would be on St. Thomas. Mayor Mertensotto responded that the commission is advisory to the Council and that Council, independent of a recommendation of the commission, could proceed to affect a change in the ordinance. Mr. Duggan stated that part of the recommendation from the commission was a ruling from the City Attorney on its request to determine whether the proposal is for an improved grandstand or a stadium. Councilmember Smith responded that the condition was that the City Attorney give an opinion that the proposal is not a stadium. She stated that the commission also stated that if the facility is a stadium, St. Thomas must come back before the commission for rezoning and conditional use permit, but that Council is proposing something simpler. Mr. Duggan stated that there have been occasions where Council has permitted development to occur prior to needed action and suggested that, in view of the St. Thomas time constraint, permission could be given contingent on the Planning Commission making a recommendation. Mayor Mertensotto explained that Council would be asking the commission to make a decision on whether a stadium should be a permitted conditional use, and if a positive recommendation is made he believes it would be well received by Council. Mr. Duggan stated that he has been on the commission for eight years and has often seen where plans have gone forward contingent on meeting certain standards. He asked why this cannot be done this evening. Councilmember Huber stated that in 1964 St. Thomas was approved for construction and that the city has recently spent several hundreds of thousands of dollars on an athletic complex at Sibley. He stated that there is a Page No. 3950 March 3, 1994 similarity between the facilities and both are in R-1 districts. Mr. Dick Spicer, representing Mend-Eagan, stated that the association strongly supports the request, and uses the St. Thomas facilities from May to August. He asked whether Council's concern is over precedent, and pointed out that St. Thomas has met all of the standards for the conditions of the proposed amendment. He asked what precedent would be set, since St. Thomas meets all of the standards. He stated that the city staff has indicated that what is proposed is an upgrade, and that only Planning Commissioner Friel has suggested that it is something different. He did not see that a negative precedent could possibly be set and that while he realizes that Sibley may some time come before Council for lighting a field, this is exactly what almost every school in the St. Paul Suburban Conference has. Councilmember Huber stated that the precedent has already been established when the city let St. Thomas put a football stadium on its property in the early 19601s. Councilmember Krebsbach stated that she does not want to lose sight of the fact that Council would like to have the facility in the city and if Council is divided over procedure and a decision must be delayed for approval of an ordinance amendment, she would hope that Council will continue to support the project. She stated that she does not think there is any fear of Sibley doing the same thing but pointed out that there are residences around Sibley. Mr. Spicer stated that Sibley does not meet the tests set forth in the amendment and could not build under the ordinance amendment, but there is concern over the School Forest site. He stated that the concern is the distance of the stadium from Visitation and the condition of 1,000 feet should not be a problem. Councilmember Koch stated that she sees no problem in granting approval to St. Thomas this evening. She further stated that she cannot see the rationale in delaying action, nor that Council would be held hostage by another applicant because of approval granted Page No. 3951 March 3, 1994 to St. Thomas. She suggested that an ordinance amendment could be considered at some future time. A member of the Council asked what the affect would be of changing the zoning ordinance right after making a ruling on St. Thomas, and whether the amendment action could be easily challenged. Attorney Coobs responded that there is always the risk that people will wonder if the amendment is special legislation to favor one party. He stated that Council must decide whether someone would argue that what is proposed is not an accessory use incidental to the use of the property as a school. He explained that he could not find any hard evidence on either side of the stadium issue and did not know how anyone could make a hard case against the project. A member of the audience asked whether Attorney Coobs had researched the standard of review that Council has a rational basis for approval. He stated that there is a reasonable basis in deciding in favor of the application. Attorney Coobs stated that he believes there is a reasonable basis for approval and that under the conditional use process Council has to review the unique characteristics of the proposal. Councilmember Smith asked if Council decides that this is an accessory structure, should it be an accessory structure for everyone. Attorney Coobs responded that could be deciding that an athletic field would be an accessory structure. Mayor Mertensotto stated that Council must treat all applicants the same and that St. Thomas should not be treated differently. He further stated that a conditional use permit is not normally processed as quickly as this has been. Councilmember Kresbach asked a series of questions of Mr. Greving regarding the comprehensive improvement plans for St. Thomas. In response to a question regarding Page No. 3952 March 3, 1994 parking, Mr. Greving stated St. Thomas would build additional parking if parking became a problem at Vistiation. In response to a question regarding landscaping, Mr. Greving noted that St. Thomas intends to implement the landscape plan presented as part of their facility update. In response to a question regarding neighborhood concerns, Mr. Greving reiterated St. Thomas' intent to hire off-duty police officers as needed to control crowd/traffic on game nights. Councilmember Krebsbach stated that she does not think there are any further concerns or questions. She stated that the St. Thomas representatives made a well prepared presentation and have answered all questions. Mr. Greving stated that he senses the support of Council and understands that the proposal has raised problems which exist in the current code but that St. Thomas has met all of the standards of the code. He suggested that perhaps at a later date Council may have to review the code as it pertains to stadiums or accessory structures but all St. Thomas asks is that the current ordinance be applied. Mayor Mertensotto stated that Council should follow procedure and there have been questions raised on whether the facility is permissible. He stated that Council wants to protect the city by knowing that what is proposed can be done in an R-1 district. He further stated that St. Thomas has met all conditions and requirements but has one loop hole. He felt that if the project must start in March, the application process should have begun earlier. Councilmember Huber stated that what is proposed is reasonable under existing ordinance language and he did not think approval would set a negative precedent. He stated that he is sure that the city has allowed things to be done in the past and then later amended ordinances to strengthen them. Administrator Lawell suggested that if timing is an issue, a hearing notice could be published on the weekend and the Planning Commission and Council could hold special meetings on the matter to minimize the delay. He stated that, because of publication notice requirements, the earliest the Planning Commission could a hearing would be March 17. Page No. 3953 March 3, 1994 Councilmember Huber stated that the only problem he has is that there are neighbors near other schools who may well want to have input on how the ordinance should be amended. He further stated that he would not want to rush an amendment through where other neighbors would want to have input on how close a facility and lighting could be to a residential neighborhood. He felt that what is unique about St. Thomas is that the athletic facility is a good distance from any residential community, whereas there are homes much closer than 1,000 feet from Sibley. He felt that Council would err in two ways - by delaying St. Thomas and by rushing a decision on an amendment. Councilmember Krebsbach stated that she does not want the matter to become overly complicated and pointed out that Sibley is a different issue. Co-Lihcilmember Smith asked whether there would be cause for challenge if the application were approved and then the ordinance was changed. Attorney Coobs responded that anything Council does prior to amending an ordinance would be grandfathered in under subsequent law. He further stated that if Council approves the application this evening and then considers an amendment, the St. Thomas facility would be grandfathered and would not set a precedent. Mr. Spicer stated that what was done by the city with respect to the Sibley complex was more of a precedent when a building was taken down and a new structure was constructed, whereas in the case of St. Thomas, an athletic facility clearly already exists. Councilmember Krebsbach stated that an ordinance amendment could become a very complicated issue because of Sibley. She further stated that St. Thomas has met the conditions and has received the approving recommendation from the Planning Commission. She stated that if she were not confident that all of the Council's concerns had been met she would not support the project. Mayor Mertensotto pointed out that Council must make a finding that what is proposed is Page No. 3954 March 3, 1994 an accessory use (structure) and not a stadium. Council made the following findings: 1) that the proposed project by St. Thomas Academy is an upgrade of its existing athletic facility and falls within the definition of an accessory structure and is appropriately classified as an accessory structure which could be authorized as a conditional use under existing zoning; and 2) that the project is part of a larger plan which includes landscaping; and 3) that the topography and distance from surrounding residential areas will be sufficient not to interfere with people's enjoyment of their own property. The following conditions were stipulated: 1) that St. Thomas Academy will not lease the facility for use by an outside agency without prior approval of the City Council; and 2) that in lieu of the required number of parking spaces, St. Thomas has additional land area available to meet the parking requirements and will utilize those areas for parking and will construct another parking lot to accommodate parking needs if deemed necessary by the Council; and 3) that off-duty police officers will be retained as necessary for evening events and barricades will be placed on Lake Drive during varsity football games; and 4) that issuance of a building permit is subject to review and approval of plans by the city's Code Enforcement officer and Fire Marshal; and 5) that the project is part of an improvement plan at the St. Thomas campus that would also include the landscaping plan presented to City Council; and 6) that concessions will be provided by a leased mobile unit and that at such time as a permanent structure is desired, St. Thomas will make application and appear before the Planning Commission and City Council; and 7) that St. Thomas agree to diffuse, baffle or screen any offending lights, at the discretion of the City; and 8) that any future requests for signage will be subject to City Council approval; and 9) that the light standards and attachments not exceed seventy (70) feet in overall height and that the control room/press box shall not exceed sixteen (16) feet in overall heights; and 10) that the light standards and attachments will be designed for safe installation by registered engineers and will be installed according to that design; and 11) that the Page No. 3955 March 3, 1994 number of games to be held in the facility with the use of lights be limited to 15 games per year. Councilmember Huber moved to grant a conditional use permit for accessory structure and height variances for light poles and press box/control room to St. Thomas Academy with the findings and conditions as set forth by Council, and to direct staff to prepare a resolution setting forth those findings and conditions. Councilmember Krebsbach seconded the motion. Mayor Mertensotto stated that his only concern is that he has received an objection to the facility after word got out that the Planning Commission discussed that stadiums are only allowed in B-3 districts. Councilmember Krebsbach responded that the advice of the city's attorney is that if an ordinance amendment is adopted to make a stadium a permitted use in an R-1 district, the St. Thomas facility would be grandfathered. Mayor Mertensotto stated that the only potential problem might be that Council would be exceeding its authority. Councilmember Krebsbach asked attorney Coobs if the City would be exceeding its authority. Attorney Coobs stated that the issues raised this evening have not been frivolous. He pointed out that stadium is not defined by statute, and further that he is not saying that Council is exceeding its authority. He stated that there is always the possibility that someone will challenge an action by Council. Councilmember Smith asked, if there were a ruling that Council exceeded its authority, could adoption of an ordinance amendment making the change solve the problem. Mayor Mertensotto stated that he feels that amending the ordinance would be an admission that Council did not have the authority to approve the application. He stated that he is aware that a challenge has been directed to him. Page No. 3956 March 3, 1994 Mr. Greving stated that St. Thomas is in a unique situation - according to the existing ordinance the proposal is an accessory structure well within the educational program of the Academy. He felt that if Council defines what St. Thomas proposes to do as an accessory use, there should be no problem, particularly since the structure, the bleachers and the field are already in existence. The project is an improvement. He felt that the issue is semantics and the use of the work stadium. Mayor Mertensotto stated that he will support the project since it is obvious that there will be at least three approving votes. VOTE ON THE MOTION: Ayes: 5 Nays: 0 RECESS Mayor Mertensotto called a recess at 10:14 p.m. The meeting was reconvened at 10:20 p.m. SENIOR HOUSING Council acknowledged a memo from Administrative Assistant Batchelder regarding senior citizen housing site selection along with excerpts from Planning Commission meeting minutes, a report from the City Planner, and maps showing the seven sites considered by the Planning Commission. Council also acknowledged a copy of the Dakota County HRA site selection criteria and a letter from the Agency's Deputy Director, Kari Gill. Ms. Gill, present for the discussion, gave a brief overview of the senior housing development program, informing the audience that Mendota Heights has set aside Community Development Block Grant funds in 1992, 1993 and 1994 for acquisition of a site for senior housing. She explained that a study conducted by the HRA has determined that there is a need for housing for senior citizens who currently reside in the city and parents of residents of the community. Ms. Gill explained the goals of the HRA program and showed pictures of the facilities which have been constructed through the program in several Dakota County communities. She explained that the buildings are financed by the HRA through the issuance of bonds. Page No. 3957 March 3, 1994 Mayor Mertensotto asked about the timing of the Mendota Heights program, and when the city would need to finance a site. Ms. Gill responded that site selection should be completed in 1994, with construction of a facility occurring in 1995. She stated that the city should select two or three sites, and prioritize them if desired, and then the HRA would begin contacting property owners and assessing the sites. Councilmember Smith asked where senior housing sites are typically located and what criteria the HRA looks for. Ms. Gill responded that there are several criteria, such as transportation and access to shopping areas which are key criteria, but that usually not all of the criteria can be met. Councilmember Huber asked if the facilities are designed for seniors who need care. Ms. Gill responded that the facilities the HRA builds under the program are for individuals who are able to live independently although some of the residents contract for nursing services on their own. She stated that normally one nice community space is developed on the main floor of the buildings and smaller lobbies are designed on each floor. She explained that the residents are encouraged to have different functions i the community room, which includes kitchen facilities. Responding to a question on eligibility criteria, she stated that the purpose of the program is to provide affordable housing and reviewed the annual income levels which cannot be exceeded. She stated that all of the units are rental units. Councilmember Krebsbach asked if individuals can reserve a unit. Ms. Gill responded that when a new building is opened, the HRA accepts applications through a given date and then does a random drawing, giving preference to Dakota County residents. Councilmember Smith asked how many Mendota Heights residents are on the waiting list. Page No. 3958 March 3, 1994 Ms. Gill responded that the information is not readily available but that she will do research and provide the information to the Council. Councilmember Huber asked if the residents are required to reside in the units for a minimum number of months during a year. Ms. Gill responded that she would have to check with the property management staff but that to her knowledge there are no residents who only live in the facilities for a few months each year. Councilmember Smith stated that she believes the city was on a track to find a site in 1998. She asked what has prompted accelerating the schedule and how this will affect financing for the site. Ms. Gill responded that the schedule was changed because of information contained in the agency's study update in 1993 and because other HRA developments have been completed faster than anticipated, which freed up the agency's financing capacity. She stated that the HRA may need to add some other funds for acquisition of the site, possibly using some of its senior housing development funds. She explained that the HRA receives about 1/3 of a mil from the county to reduce the debt on bonds and that it may be possible to use this as a funding source. Administrator Lawell stated that the city's CDBG funding dedicated to the senior housing site through 1994 will total $150,000. There was brief discussion over the potential costs for a site and the ability of the city to use eminent domain proceedings if necessary. Mayor Mertensotto thanked Ms. Gill for her presentation, informing her that the matter will be placed on a Council agenda in the near future for discussion of the sites recommended by the Planning Commission and for prioritizing of the sites. IVY FALLS CREEK Council acknowledged a memo and tabulation of bids received for construction of the Ivy Falls Creek restoration project. Mayor Page No. 3959 March 3, 1994 Mertensotto briefly reviewed the bids for the audience. Public Works Director Danielson stated that the engineer's estimate for the construction was $650,000, and the bids were well within the estimate. He informed Council that the low bidder, C.S. McCrossan, constructed the Phase I creek improvements, did a good job on that project and is familiar with the area. Mayor Mertensotto stated that reserved awarding of the bids because it wanted to have all acquisitions completed before pointed out that all but one have been signed. Council had for 90 days easement an award. He Df the easements Public Works Director Danielson responded that the final easement, over the Miller property, will come before the court on March 26, and under quick take proceedings, the contractor will have the right to enter the property early in April. He stated that the project can be started in advance of getting the easement and that the contractor would like to begin in early April. Mayor Mertensotto stated that all bid bonds except those from the three lowest bidders should be returned after the award and those of the second and third lowest bidders should be retained for return after a contract has been executed by the low bidder. He stated that the easement acquisition process is far enough along that the city can risk going ahead with the project without jeopardizing project costs. Public Works Director Danielson responded that the Millers have reaffirmed that they are in favor of the project but dispute the easement acquisition price. Councilmember Koch moved adoption of Resolution No. 94-18, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF IVY FALLS CREEK RESTORATION IMPROVEMENTS (IMPROVEMENT NO. 91, PROJECT NO. 6),11 awarding the contract to the low bidder, C.S. McCrossan Construction, Inc., for its low bid of $556,402 and to authorize the immediate return of the bid security to all but the three lowest bidders and return of the bid security Page No. 3960 March 3, 1994 to the second and third lowest bidders after execution of the contract by C.S. McCrossan. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 RADIO TOWER Council acknowledged a memo from the City CONSULTANTS Administrator regarding retention of consultants to assist in evaluating the Pentel radio tower application. Council also acknowledged a copy of a letter from Eric Nystrom, the city's legal counsel in the matter, to Ms. Pentel's counsel, John Bellows, and letters, resumes and fee schedules from Mr. John DuBois and Mr. Geoffrey Jillson. It was recommended that Mr. DuBois, a Registered Professional Communications Consulting Engineer, be retained to assist in analyzing radio performance and radio interference issues and that Mr. Jillson, a civil and structural engineer, be retained to assist in analyzing structural engineering and tower safety issues. Administrator Lawell stated that the fee schedules are based on hourly rates times the amount of time spent on the project and if Council chooses, it can set a cap on the costs. He felt that the work can be done for $5,000, $2,500 per consultant. Mayor Mertensotto suggested a $2,500 cap for each consultant and that they should review the application and the Court of Appeals ruling and present written options to Council. Responding to a question from the audience, Mayor Mertensotto stated that one of the consultants is a structural engineer who analyzes structures and towers for safety purposes and the other analyzes radio performance and radio communication issues. A neighbor of Ms. Pentel informed Council that Ms. Pentel has stated that she plans to take some of her trees down. The neighbor felt that perhaps Ms. Pentel's existing equipment will have better reception after the trees are down. Mayor Mertensotto stated that Council will ask the consultants to address the question. He briefly reviewed the history of the Pentel application and the court decisions. Page No. 3961 March 3, 1994 The neighbor stated that radio operation is a hobby for Ms. Pentel and that her income does not depend on the antennas. She stated that Ms. Pentel originally erected two antennas on her home without approval and then came to the city to request a larger one. She informed Council that the neighbors are concerned over safety. She stated that the city's height ordinance is in place for a reason and that nothing in the neighborhood has changed that would require the ordinance to change. She pointed out that the neighborhood has greatly improved in the past six years and that allowing the tower in the Pentel back yard will affect many homes. Councilmember Smith stated that federal law takes precedence and Council is trying to address the neighborhood concerns but that the problem is that although the city won the case in lower court, Ms. Pentel won on appeal. She stated that Council feels that hiring the consultants is better course of action than pursuing the matter to the Supreme Court. Mrs. Elizabeth Plummer expressed concern over the size of the proposed antenna versus the size of the lot. She stated that there are other structures on the lot and also suggested that NSP should be contacted because of its power lines. She was concerned about whether the neighbors would have to try to find Ms. Pentel during a storm, as an example, if the antenna is extended and Ms. Pentel is not home. Mayor Mertensotto responded that Council could impose the condition that someone must on the premises when the antenna is extended and that the tower can only be extended when it is in operation. Councilmember Krebsbach asked whether there should be a go/no-go point on the consultant work - perhaps $1,000 - to determine that the services of each of the consultants is what the city wants. Administrator Lawell responded that it would be better to pick a stage in the process because he is not certain how much time would be needed to perform each of the tasks in the process. He explained that he can suggest to Ayes: 5 Nays: 0 Page No. 3962 March 3, 1994 the consultants the number of hours the city thinks are needed to do each of the tasks. Councilmember Huber moved to authorize staff to retain the services of Mr. John R. DuBois and Mr. Geoffrey G. Jillson as professional experts to assist in the analysis of the Pentel antenna request in accordance with the terms and conditions set forth in their respective fee schedules, to a maximum of $2,500 per consultant, the cap to be subject to reconsideration if necessary. Councilmember Smith seconded the motion. Administrator Lawell stated that he will prepare a memo of agreement encompassing the work plan and timeline. JOINT WORKSHOP Council acknowledged a memo from Administrator Lawell regarding the scheduling of a joint workshop of the Council and Planning Commission for discussion of the city's long- term comprehensive land use planning goals along the T.H. 55 corridor. It was the consensus to notify the Planning Commission of a preferred date of Tuesday, March 29. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:43 o'clock P.M. KAthleen M. Swanson City Clerk - -e Charles E. Mertensotto Mayor