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2008-06-03 City Council minutesJune 3, 2008 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 3, 2008 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Acting Mayor Duggan called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Krebsbach, Schneeman and Vitelli. Mayor Huber had notified Council that he would be absent. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Schneeman moved adoption of the agenda as revised. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved to approve the minutes of May 20, 2008 as corrected. Acting Mayor Duggan seconded the motion. Councilmember Krebsbach moved approval of the consent calendar as presented, pulling items c and k, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of the May 27, 2008 Planning Commission Meeting. b. Acknowledgement of the Building Activity Report for May 2008. c. Authorization for Installation of Two Signs at Pilot Knob. d. Authorization for Hiring of Half-Time Replacement Police Secretary. June 3, 2008 Page 2 e. Authorization to Replace Work Surfaces at Senior Secretary Workstations. f. Authorization to Sell a City Vehicle and Purchase a Vehicle from West. St. Paul. g. Authorization for Staff to Purchase a One -Ton Dump Truck. h. Authorization for Purchase Order for Pilot Knob Restoration — Road Asphalt Roadway Removal Not To Exceed $4,300. i. Approval of Sign Permit for Jayandee Services at 2271 Waters Drive. j. Adoption of Resolution No. 08 -33: "A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR SOMERSET PARK/EVERGREEN KNOLL REHABILITATION PROJECT (PROJECT #200809)." k. Adoption of a resolution requesting consideration and supporting an application to the state for funding for a pedestrian bridge at T.H. 110/149 intersection. 1. Approval of the List of Contractors, dated 5/30/08. m. Approval of the List of Claims, dated6 /3/08, totaling $96,465.60. Acting Mayor Duggan referred to item b and said the city is ahead of last year in relation to construction and remodeling, and said it was in keeping with Councilmember Krebsbach's statement to the Star Tribune about what it is that Mendota Heights does to maintain quality throughout the community. Councilmember Vitelli seconded the motion. Acting Mayor Duggan said he would like to suggest that since the language was just received for item c, that this discussion be tabled to the next Council meeting as there will still be time to come forward with this in relation to the criteria to be completed by the end of June. June 3, 2008 Page 3 Councilmember Schneeman asked Gail Llewellyn to step up and speak to this. Councilmember Schneeman asked if the signs are to be installed no later than June 30th. Ms. Llewelyn said it is her understanding that the date of installation is currently June 30th. As of this afternoon, one of the members called the State Historical Society and there will be no trouble getting an extension. Councilmember Schneeman said she would be satisfied with that as long as a conclusion comes in two weeks. Acting Mayor Duggan said he believes there needs to be more time to talk about this at the next meeting and perhaps Staff can do some verification of the wording. Councilmember Schneeman said it has to be approved otherwise the $6,000 will not be granted. Councilmember Schneeman moved to table the request for authorization for installation of two signs at Pilot Knob as presented. Acting Mayor Duggan seconded the motion. Councilmember Vitelli said the Council should take comments from people in attendance or any additional input from Ms. Llewellyn. Councilmember Krebsbach said she supports the motion to table. Councilmember Schneeman said she would like to hear from Ms. Llewellyn. Ms. Llewellyn said Great River Greening prepared the application and when the State of Minnesota Historical Society granted the $6,000 grant, it came with conditions. There were to be two signs, with not more than 250 words per sign, half of that being in Dakota language and half to be in English and the content needs to be written and signed off by a Dakota expert. The Pilot Knob Preservation Association assisted with the proper issuance of June 3, 2008 Page 4 some text which was unfortunately too long, and provided that language to a Dakota language professor at the University of Minnesota who translated it into Dakota language as well as making some changes to the text that was condition of his approval as a Dakota expert. The situation today is that the language that was put forth was not approved as written, but it was approved as altered by the Dakota expert. Ms. Llewellyn said the challenge is to now come up with language that is approved by the Dakota expert, and a compromise has not yet been reached. Acting Mayor Duggan said he would prefer that the Council wait until further information comes and perhaps Council input will be accepted to language changes. Councilmember Vitelli asked how will approve the language. Ms. Llewellyn said the Dakota expert, Professor Neil McKay, who has been helping with this language. Professor McKay is both a teacher of Dakota language at the University of Minnesota as well as a member of one of the four recognized Dakota tribes. It was not disclosed who the particular expert is that was named by the Historical Society. Acting Mayor Duggan said once the motion is approved, direction will be made to Staff and the Pilot Knob Preservation Association to get the grants and send copies of this language indicating there is at least one Council member in support of this language. Ms. Llewellyn said Staff will most likely want to engage Great River Greening as well. Councilmember Vitelli suggested that the Council work on this by having conversation rather than having them submit text to the Council. Acting Mayor Duggan said there could be two Council members participating in this conversation. City Attorney Tami Diehm said the concept of the open meeting law is that any time a particular item is discussed by more than two Council members, June 3, 2008 Page 5 either at the same time or in a chain, it needs to be in public. Two can be appointed for a subcommittee and solicit input from Staff, Council and Public, but the representation should be limited to two. Councilmember Vitelli moved to designate Acting Mayor Duggan and Councilmember Schneeman to act as a team to contact and have conversations with the Historical Society, and the Dakota group. Acting Mayor Duggan seconded the motion. Councilmember Krebsbach asked to pull item k regarding the pedestrian bridge. Councilmember Krebsbach said she believes this is a "dead on arrival" resolution the way it is written and would like to spend the next two weeks looking at revising this resolution. Councilmember Krebsbach said she appreciates the efforts given by Staff. Councilmember Schneeman said she would like to join in this project as she recently talked to someone at Dakota County who thought it was very feasible. Councilmember Krebsbach moved to table this request for resolution adoption. Acting Mayor Duggan seconded the motion. Councilmember Krebsbach moved that herself and Councilmember Schneeman work on the resolution and that it be brought back to the Council in two weeks or the first week in July. Acting Mayor Duggan seconded the motion. Councilmember Vitelli said he would like to give feedback to Staff that he feels strongly that the Council should do what has been agreed because he would rather this request be submitted and denied so that there is some record that the Council made an attempt to do something and asked for funding to resolve this serious safety problem. June 3, 2008 Page 6 Councilmember Schneeman said this is a wonderful way to join the north and the south of the city together. Acting Mayor Duggan said he would like to propose the addition of "whereas, new and proposed developments in the northeast and southeast portions of the intersection of Highway 110 and Dodd Road will challenge road crossing by anyone as a safety issue." Jean West, 1833 Eagle Ridge Drive, talked on behalf of herself and others that currently use the hockey rink to use as a dog park. Ms. West said many dog owners use this area to allow their dogs off the lease to run and play. The group recognizes there are no such safe areas other than this hockey rink to do this. Ms. West said the group was recently informed that they could not continue this practice in accordance with the leash law. This group of citizens is asking the City to consider putting a gate on the entrance of the hockey rink during the off season to keep the dogs in the area safely. This group would be willing cover the cost of the expense, or even install it temporarily every day. Councilmember Krebsbach said other dog runs have a permitting process and asked if this group would be willing to pay for this. Councilmember Krebsbach said there is currently no such park in the city and this use of the hockey rink is very creative. Ms. Kim Smith, 1783 Lilac Lane, which is right across from the park. Ms. Smith said she believes these dog owners would be open to any suggestions. Ms. Smith said the dog owners would most likely be willing to pay a permit fee for a designated dog park. Councilmember Krebsbach said this is certainly something the Council can look at, and if the City did put in a dog park, it would most likely be the AIR NOISE UPDATE June 3, 2008 Page 7 only one in the city and may not be convenient for everyone. Councilmember Schneeman said this should be started out small, have a neighborhood meeting, and see how it all works. Councilmember Krebsbach said the permitting process will give the city information on who is using the park. Councilmember Vitelli said he would not be in support of permitting for the use of the hockey rink. Acting Mayor Duggan asked Staff to check with the Public Works Department to see what it would cost to put in a proposed temporary gate. Acting Mayor Duggan said this is a good use for the hockey rink area, however it may be a concern for children playing ball and the dog owners not cleaning up after their dogs. City Administrator Jim Danielson suggested that this group come to the next Parks and Recreation Commission meeting which meets next Tuesday at 6:30 p.m. ARC Chair Liz Petschel gave an update TO the Council on the airport, FAA, and MAC in the most recent developments and the efforts of NOC. Ms. Petschel covered several topics: ® Noise accompanying the west side cargo operations: An extensive noise study was done on the west side of the airport at night and there was a suggestion that after 10:30 p.m., it was thought that the traffic would mute the noise, which was not the case. After extensive negotiations with MAC and NOC, a verbal agreement was made with the charter carriers that those jets be towed out to the runway instead of firing up on the jet pad. This will improve the quality of life on that side of the airport. Of all the homes near airports in the June 3, 2008 Page 8 U.S., the homes by this runway are the closest to the runway of any other airports. • Arrival of aircraft / gear extension: when aircraft is at 1,000 ft altitude, their landing gear needs to be down. How soon before that period of time to put down the landing gear is up to the discretion of the pilot. Apple Valley residents were concerned that planes were lowering their landing gear too soon which created a lot of noise. NOC began working with pilots from Norwest and UPS, asking them to minimize the distance away from that 1,000 ft of altitude. One of the biggest offenders is FedEx, and they have been the least to respond. All the other airlines have all been on board. • MAC lawsuit: MAC lost its lawsuit with the cities of Eagan, Richfield, Bloomington, and Minneapolis. As a result of that, all the homes sitting in the 60 — 64 DNL have to be noise mitigated. The first section of homes to be mitigated are located 63 -64 DNL and there are 453 homes in that noise contour. The materials for this work will be of very high quality, such as Pella, Anderson, Excel Energy. This is to these companies benefit to work with MAC. The next area will be the 60 -62 DNL that contain 3,421 homes. There will be a showroom in Richfield to allow people to see what materials will be used. This will be open throughout all the mitigation work. • Noise has been made to the Legislature about the changes in MAC and that structure. Although there was no success in getting legislation passed, some positive changes were made such as having off site meetings away from the airport so people don't have to worry about parking and security checks. The first such meeting was held at the Thunderbird Hotel. In addition, cities will now be notified when their MAC representative is up for re- appointment and cities will now have more input in terms of who their representatives will June 3, 2008 Page 9 be. These representative are also requires to know and understand the cities they represent. Acting Mayor Duggan said it is appropriate to note that the City of Mendota Heights ARC was one of the major driving forces in a lot of these changes. Other issues covered by Ms. Petschel are as follows • Richfield residents by Runway 17 are experiencing problems with vibration, which have been difficult to quantify over the years. There are no federal policies that recognize low frequency noises. FAA partners with universities and colleges to do research in particular areas looking at low frequency noise issues. This was actually part of the lawsuit against MAC. Until further study is done, the issue is satisfied at this point in time, but afterwards, if somehow the federal government recognizes there is concerns in this area, Richfield will be allowed to add this to the lawsuit settlement, and whatever the recommended guidelines for mitigating, Richfield will be eligible for some kind of settlement. • The biggest issue before the NOC, and most directly impacts Mendota Heights has been the night -time use of Runway 17. In the beginning, Runway 17 was supposed to give the City some relief, but when the first numbers came out in terms of the usage of that runway, those numbers were very disappointing as they were getting worse. Chad Leqve went to bat for the city at the NOC meeting and a resolution was passed recognizing that runway operations off Runway 17 were increased and was used at night, and every effort would be made to get Mendota Heights as close to the Environmental Impact Statement that was done when the runway was built. Initially, the City did get some night time relief, only to have Eagan come to the next NOC meeting saying they have never had a fan before like Mendota Heights must endure. Eagan requested that when the airport FIRE DEPARTMENT DANCE Ayes: 4 Nays: 0 June 3, 2008 Page 10 is not at a certain level of capacity on Runway 12, then runways 12 and 30 should be used. Runway 17 should be not in operation at night because there is not a capacity level that would justify the use of 17 at night. The City of Mendota Heights strongly objected to the use of 17. The measure passed by one vote in favor of Eagan's request and as soon as Runway 17 was stopped the numbers went up. Meetings were held with Carl Rydeen and Chad Leqve, having very frank discussions about night time operations. • At the most recent NOC meeting, a procedure that Mendota heights developed years ago was talked about. This procedure talked about during non -peak times, planes will fly off 12L and 12R, coming on to a common path that runs over I- 494 and I -35, then getting their headings from there. This means that when the aircrafts are their noisiest, they are over the freeway. Soon this will be standard operating procedure. • It was anticipated that 12L would be done this summer, but this project will be held back until next year as the Republican National Convention will be in town and an increase in air traffic is expected. • Real Time reporting will be used, helping get information and reports faster. Councilmember Krebsbach said there is no one present at this time to give a presentation, and suggested moving this item to the end of the agenda. Councilmember Krebsbach moved to move this item to the end of the agenda. Councilmember Vitelli seconded the motion. HEARINGS: LIQUOR LICENSES City Administrator Jim Danielson said the following liquor licenses are up for renewal and June 3, 2008 Page 11 there needs to be only one public hearing to address all of them at one time. 1. Off-Sale Liquor License Renewal for Mendota Liquor. 2. Off-Sale Liquor License Renewal for the Wine Market. 3. On-Sale Limited Service Hotel License Renewal for Le Cordon Bleu College of Culinary Arts (Minnesota Room). 4. On-Sale Club Liquor Renewal for Somerset Country Club. 5. On-Sale Club Liquor Renewal for Mendakota Country Club. 6. On-sale Wine and 3.2 Malt Liquor License Renewals for Sage Market & Wine Bar. 7. On-Sale Liquor License Renewal for Teresa's Mexican Restaurant. Acting Mayor Duggan opened the public hearing. Seeing no one come forward wishing to speak, Councilmember Schneeman moved to close the public hearing. ( Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 ALLTECH ENGINEERING CASE NO. 08-12 Councilmember Vitelli moved to authorize the issuance of renewal liquor licenses as recommended. Councilmember Krebsbach seconded the motion. Assistant to the City Administrator Jake Sedlacek introduced the application for a variance. Alltech Engineering, 2515 Pilot Knob Road, is located on Pilot Knob Road and Mendota Heights Road. The existing building is just over 21-ft. from the front yard setback. The applicant is looking to start an addition on the northeast corner of their existing building. The applicant presented their plan to the Planning Commission Meeting and there was some June 3, 2008 Page 12 discussion on what the applicant needs to show to define the hardship for the variance. The applicant provided a new package of materials on May 29th which clarified what the applicant feels is the hardship. Mr. Sedlacek reviewed a layout of the property and indicated where the Planning Commission suggested placing the addition so a variance would not be needed. Mr. Sedlacek shared a photo of the property, and said the building is currently non- conforming due to the changes on Mendota Heights Road. The proposed addition would easily fit as proposed, but will continue the non - conforming use. Planning Commissioner Field abstained from this discussion as the Planning Commission to deny the variance by a 3 (McManus, Norton, Viksnins) to 1 (Povolny) vote as there was no hardship established. Mr. Sedlacek said this new packet gives additional information and a definition of the hardship. The extension of Mendota Heights Road after the original building was built in the 1960's establishes the hardship and therefore the variance. Councilmember Schneeman said the photos do not do justice to how beautiful the front yard is. Mr. Bob Lawrence, President of Alltech Engineering, said the application to the Planning Commission was a little remiss on what was required. Mr. Lawrence said this proposal would not disrupt current employees work areas and the entrance that is in place. By placing the building to the south, the entrance would have to be reconfigured. Mr. Lawrence said this proposal shows the only way this addition can be placed. Acting Mayor Duggan asked if additional parking is needed. Mr. Lawrence said they have enough parking. Councilmember Vitelli said he supports this application. Ayes: 3 Nays: 1 (Councilmember Krebsbach) BRIAN KRISKO CASE NO. 08 -13 June 3, 2008 Page 13 Councilmember Krebsbach said she will not support this as there should have been a recommendation from the planner before this came to Council. Councilmember Schneeman moved to approve the variance for an 18' 10" variance to the side yard setback to construct a 1,770 sq. ft. addition to the existing structure located at 2515 Pilot Knob Road, as presented. Councilmember Vitelli seconded the motion. Mr. Sedlacek introduced the application for a Critical Area Permit to construct a fence along the eastern edge of the property located at 1205 Culligan Lane. Mr. Sedlacek said the applicant is proposing to construct a 6 -ft privacy fence with 30% open. The Planning Commission found no adverse impact on the critical area and recommended approval of the application as presented. Mr. Brian Krisko, 1205 Culligan Lane, was available to answer questions. Acting Mayor Duggan asked if there are any requirements on the maintenance of the other side of the fence, being that this fence will be just a foot away from the neighbor's chain link fence. Mr. Krisko said there is ample space. Acting Mayor Duggan asked if the neighbor has any plans to take out his fence or does Mr. Krisko not have a good relationship with the neighbor in order to find out. Mr. Krisko said he has a good relationship with this neighbor. Mr. Krisko asked how long a critical area permit is valid for. Acting Mayor Duggan said it was good for one year. Councilmember Schneeman moved to approve Resolution No. 08 -35: "A RESOLUTION APPROVING A CRITICAL AREA PERMIT AT 1205 CULLIGAN LANE ". Councilmember Vitelli seconded the motion. June 3, 2008 Page 14 Mr. Sedlacek introduced the application for a setback variance for the construction of a roof over the front porch. Mr. Sedlacek said the applicant would like to provide cover for the entryway to protect from weather conditions. Mr. Sedlacek said front stoops are allowed into the front yard setback, but the roof needs to have a variance for the roof over that stoop. Mr. Sedlacek said the applicant previously applied for this variance in 2002, which was approved but had expired. Acting Mayor Duggan asked if anyone applied the string test rule. Mr. Sedlacek said all the existing homes are currently on the setback line, and there is no way a roof can be constructed without entering into the setback. The Planning Commission reviewed this application and recommended approval 5 -0. Mr. Charlie Monvel, the framer for this project, was in attendance representing the applicant. Councilmember Krebsbach asked if there was only one existing layer of shingles. Mr. Monvel said that was correct. Councilmember Krebsbach said this looked to be a nice improvement. Acting Mayor Duggan suggested that this is a de minimis situation. Councilmember Vitelli moved to approve Resolution No. 08 -36: "A RESOLUTION APPROVING A 6 -FT. VARIANCE TO THE FRONT YARD SETBACK AT 780 WENTWORTH AVENUE ". Councilmember Schneeman seconded the motion. TELECOM TRANSPORT MGMT. CASE NO. 08-15 June 3, 2008 Page 15 Mr. Sedlacek said this application is for a cellular antenna and requires a conditional use permit. The proposed location is at the Mendota Heights water tower located at 2425 Lexington Avenue. Mr. Sedlacek said this is a single antenna application and is unique to this structure. The applicant has addressed a number of issues laid out by the city planner, and integrated into the lease agreement. Mr. Sedlacek said there are also 13 conditions placed by the Planning Condition. The applicant is asking to have Item #7 ( "The applicant shall provide a performance bond to the City that satisfies Section 12- 1J- 6.H.b.) to be waived. Acting Mayor Duggan asked if there are performance bonds on all the other antennae that are currently on the water tower. Mr. Sedlacek said that is correct. Acting Mayor Duggan asked if there are any abandoned antennae on the tower. Mr. Sedlacek said there were not. Acting Mayor Duggan said he cannot see any reason for favoring this application and it does not make sense to him that the Council did not do that for anyone else. And for whatever reason in a year's time, the City may have no recourse to take it down and provide to someone else. Acting Mayor Duggan said he does not support the request to waive that item. Mr. Sedlacek asked to allow the applicant to speak and perhaps explain in more detail. Mr. Sedlacek said in terms of the conditional use permit review on this, the lease agreement will address a number of issues about non - interference and equipment that needs to be taken down. The City Attorney is reviewing the lease agreement and that will come back to the City Council at a separate meeting. The request tonight is to approve the conditional use permit to install an antenna on the water tower. June 3, 2008 Page 16 Councilmember Krebsbach asked what is different about this case. Mr. Sedlacek said there was a similar application for the AT &T tower on Northland Drive. This application is not for a service to residents, but a service to the providers to boost their capacity and power of existing antennae. This will be a round dish added to the tower. Ms. Debra Weiss, representing Telecom Transport Management, Inc. as an agent. Ms. Weiss explained their backhaul service to the carriers. This service is similar to Quest's hard lines, but TTM provides wireless. Databases are getting so overloaded, and those hard lines are not able to compensate. Councilmember Krebsbach asked if this was previously presented to the Council. Ms. Weiss said there was a presentation made previously to the Council by a company representative from TTM. At that time, Ms. Weiss was at that meeting representing Cricket Communications. Ms. Weiss said at that time, the explanation was not clearly made to the Council, the representative was too technical and did not give clear indication of what was being proposed. Ms. Weiss said her proposal is to give additional support and power to T- Mobile and AT &T as they contract with those cellular companies. Verizon Wireless is currently in the process of getting this service. Councilmember Krebsbach asked what the lease rate is. Ms. Weiss said it is $220 per antenna. Ms. Weiss said they are now dealing with one antenna that they are offering at the $150 rate, and is painted to match the tower. There will be a very minimal impact at that height. There will be no ground space equipment other than two small panels that are similar to those electrical panels in residential homes. These panels will be located inside the water tower against the water tank back behind the compound area. This is done at the request of Public Works Supervisor Tom Olund. June 3, 2008 Page 17 Acting Mayor Duggan asked if the applicant has submitted to Staff the non - interference documentation as required. Ms. Weiss said that was correct and has also supplied their license. Ms. Weiss said TTM must go before the FCC to be registered for each individual site for specific direct bandwidth. Acting Mayor Duggan asked Ms. Weiss to address her issues with the bonding condition. Ms. Weiss said they can pay the bond as requested, but they feel that as the uninstall will be a very minimal impact, the cost is very high at $1,100. It will cost them almost the same for the bond as it does for the uninstall. Acting Mayor Duggan asked if the applicant has a substitute for Number 7 that would support the City being compensated for the removal of this equipment. Ms. Diehm said she believes that if the Council would like to consider other options, they will have to take a look at the code. The code has language that says the applicant shall deposit a bond, and if the Council is going to waive that section of the code, the Council should probably look at the code language and build in some flexibility there. It is the recommendation of the City Attorney that the bond be required in this case. Ms. Weiss said most of the conditions in the conditional use are the basic standard conditions that are used in a wireless type of install for a carrier of 9 to 12 antennae, addressing shelter, equipment, landscaping, etc. Ms. Weiss said they can come back with the bond, but it is such a minimal impact, and they are already addressed within the lease to comply with that as well. Councilmember Schneeman asked if TTM had provided bonds for other locations. Ms. Weiss said she had not at this particular time. Those cities waived the bond because of the minimal impact. Some of these locations include Bloomington, June 3, 2008 Page 18 Hennepin County, St. Paul Water Authority, and Minneapolis. Councilmember Vitelli asked if TTM would be willing to put an estimated removal fee in an escrow account? Ms. Weiss said she would be willing to do that. Councilmember said that would be an easy way to do this. Councilmember Krebsbach said if the Council does not require the bond, the Council would not be following the code. Councilmember Krebsbach said she does not believe the Council should go against the code. Acting Mayor Duggan said the Council has the authority to do as it wishes and there is something on the table now that addresses this issue and protects us, providing the same service in a different way. Ms. Diehm said another alternative is that this is a separate provision in the code and does not fall within the requirements of the conditional use permit. So if the Council would like to consider that, regardless of whether or not it's included in the conditional use permit, it is a provision in the code that they would have to follow because that is what the code requires. The Council could take a look at that and see. Ms. Diehm said to address the point about it being covered in the lease, the point of the bond is that is serves almost as a security deposit and the language that is in the code is from the League of Minnesota Cities, which is what they recommend as well. Ms. Diehm said what is feared to happen is that a wireless provider could go out of business and when it's time to remove the equipment, they may not have the financial means to pay for that removal regardless of what that cost is. From a policy perspective, it's unfair that the City would have to bear that cost. So you are asking the applicant to deposit either a bond or in this case, a promise of funds to the City so that the Council has some Ayes: 4 Nays: 0 PUBLIC WORKS DIRECTOR/ CITY ENGINEER June 3, 2008 Page 19 assurance the funds will be available to remove the equipment. Acting Mayor Duggan said that Councilmember Vitelli's suggestion would also work. Ms. Diehm said it would. Acting Mayor Duggan asked for confirmation that the only action to be taken at this time is to approve the conditional use permit and that this discussion would re -arise at the next Council meeting in relation to the lease agreement. Ms. Diehm said the Council can amend the conditional use permit conditions to say the applicant will satisfactorily provide financial assurance that this will be taken care of. Then the Council can take a look at the code provision and deal with it at the next Council meeting along with the lease. Ms.Weiss said she can work with Ms. Diehm on the details. Councilmember Vitelli moved to approve Resolution No. 08 -37: "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AQT 2425 LEXINGTON AVENUE, WITH THE SUGGESTION THAT COUNCIL CONSIDER THE ESCROW ACCOUNT INSTEAD OF THE BOND ". Councilmember Schneeman seconded the motion. Acting Mayor Duggan recapped the discussions from the last Council meeting. Public Works Director / City Engineer Sue McDermott will be leaving the City. Acting Mayor Duggan said that Ms. McDermott was hired as a City Engineer and promoted to Public Works Director, keeping her City Engineer responsibilities. Acting Mayor Duggan asked if the City will be hiring a City Engineer or a Public Works Director. Councilmember Vitelli requested Mr. Danielson come up with a decision matrix in relation to comparing the two positions. June 3, 2008 Page 20 Acting Mayor Duggan said he also submitted some language on the position description and new documentation. The biggest change in there is the addition of a line in each description that states that each position requires excellent communication skills, verbal and written as a skill required. The ability to make clear, concise presentations of information, both verbally and in writing. Acting Mayor Duggan said Ms. McDermott demonstrated this to the Council and he feels that this is important to have in future descriptions. Under "Minimum Training Experience and Eduation ", Acting Mayor Duggan suggested, with the assistance of Ms. McDermott, that this be changed for the Public Works Director to 8 years experience. The position of City Engineer stays at 5 years experience. Councilmember Krebsbach said in thinking of the expansion of the city in terms of adding the golf course and Pilot Knob, along with the parks, she would recommend going with a job description that is Public Works Director. Councilmember Vitelli moved to approve advertising for Sue McDermott's replacement with the title position of Public Works Director. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CITY EVENTS Mr. Sedlacek reviewed the upcoming events for the weekend, including the Fire Department Dance. COUNCIL COMMENTS Acting Mayor Duggan presented Councilmember Vitelli with the information from the Scout awards, five young men from Eagan and Mendota Heights were awarded the honor of Eagle Scout. Councilmember Schneeman said she was at a luncheon for a lady who has lived in Mendota Heights for many years. This lady is 90 years old and there were people there from the Cherry Hill June 3, 2008 Page 21 neighborhood. The conversation was so wonderful as it related to the wonderful community that Mendota Heights is. Councilmember Krebsbach said she attended the memorial service at Acacia Park and said it was very moving. Acting Mayor Duggan's colleague, Mr. Rogers, gave a wonderful address. Councilmember Krebsbach said she represented the city and spoke of Pilot Knob in terms of how the Council made the decision to go forward with Dakota County and the Public Land Trust. Councilmember Krebsbach said she attended the Scout ceremony and is very proud of those young men. Acting Mayor Duggan said he also complimented the families of these scouts. Acting Mayor Duggan said he received a call from a resident asking if the noise ordinance for construction also applies to people working on their homes, especially after it gets dark. Ms. McDermott said the City does not have a noise ordinance. Provisions for noise have been included in development agreements for projects. Acting Mayor Duggan said this may be something the City would want to consider putting in place. Acting Mayor Duggan moved to recess to closed session. Councilmember Vitelli seconded the motion. Michael Wilcox, 1743 Highland Parkway, St. Paul, said he respectfully asks the Council or the City Attorney for the reason of the recess, and if it is in accordance with the Minnesota Open Meeting Law. Ms. Diehm said the recess will be taken to discuss an employment matter regarding Dave Sorby and then will reconvene and make the required statements on the record regarding what was handled at that closed session. June 3, 2008 Page 22 The City Council went into recess at 9:15 pm. The City Council reconvened at 9:32 pm. Kevin Rupp, Labor Attorney, read aloud a Resolution Disciplining an Employee. Acting Mayor Duggan moved to adopt Resolution No. 08 -38, "RESOLUTION DISCIPLINING AN EMPLOYEE." Councilmember Vitelli seconded the motion. Councilmember Vitelli moved to adjourn the meeting at 9:42 pm.. Councilmember Schneeman seconded the motion. Time of Adjournment 9:42 p.m. Recording Secretary