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2004-10-05 City Council minutesPage No. 1 October 5, 2004 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 5, 2004 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 Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Huber noted that additional information has been provided regarding the following items on the agenda: airport noise, election judges, additional information on the Haggerty case and a notice to go into closed session. Councilmember Huber noted that Mr. Fefercorn reported he has not had an opportunity to have his lighting consultant look at the bank flagpole and lighting. He requested that matter be laid over, No. 61 Councilmember Vitelli moved adoption of the agenda as revised for the October 5, 2004 Council meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Page 2: Councilmember Krebsbach requested that the portion of the first sentence in the first paragraph that reads, "...the Council wished to maintain the existing park fund balance," be stricken. It should read, "There was not a consensus among Councilmembers on maintaining the park fund balance." Page 11: Councilmember Duggan stated that in the first sentence of the fourth paragraph should be "city representatives," not "state representatives." Councilmember Duggan moved approval of the minutes of the regular meeting held on September 21, 2004, as amended. Page No. 2 October 5, 2004 Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move items 6c and 6e to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes of the September 28, 2004 Planning Commission meeting. b. Acknowledgement of cancellation of the December, 2004 Planning Commission meeting and rescheduling of its March, 2005 meeting. c. Authorization for the annual Halloween Bonfire. d. Approval of the issuance of a temporary liquor license to St. Thomas Academy. e. Approval of the issuance of a sign permit for the CLOPAY tenant space at 2360 Pilot Knob Road. f. Approval of the issuance of a sign permit for the Cray Research building at 1340 Mendota Heights Road. g. Adoption of Resolution No. 04 -75, "RESOLUTION CONFIRMING APPOINTMENT OF ELECTION JUDGES FOR 2004 GENERAL ELECTION." h. Approval of the list of contractor licenses dated October 5, 2004. i. Approval of the list of claims dated October 5, 2004 and totaling $76,450.65. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 BUILDING ACTIVITY REPORT Councilmember Schneeman asked Finance Director Schabacker to elaborate on this excellent report. Ms. Schabacker reported that building permit revenues to date are $80,000 ahead of last year's numbers, which is largely due to commercial building permits. Councilmember Schneeman moved approval of consent calendar item c. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 BARR ENGINEERING Councilmember Duggan noted that this is the third request this year Page No. 3 October 5, 2004 REQUEST for funds that they did not anticipate. This request is an additional $5,000. He asked if there is a contingency fee in their agreement. On page 3 of Barr's draft letter there is a 3 -hour charge for paperwork, a 1.7 -hour charge to address a pay request. Barr is an excellent company, but he would like to see a better analysis of these additional charges. In Barr's letter it is stated that there will be yet more small bills to close out the project. These costs should have been anticipated originally. City Engineer McDermott stated that it was Barr's understanding that there was an agreement with the City for these expenditures in the amount of $5,000. When costs exceeded that amount, the City was contacted. Barr indicated that they never include construction observation in an agreement. That is a separate contract. The City has a contract for the design but not for construction observation. Mayor Huber stated that it is his understanding the City did request their services and incurred these costs without a contract to cover these costs. Councilmember Krebsbach asked if resolving a pay issue should be done on Barr's own time. Ms. McDermott explained that the pay issue was a discrepancy between the contractor and Barr for extra work that had to be negotiated. Councilmember Duggan stated that he respects Barr Engineering, but he wanted to raise these questions. Councilmember Krebsbach moved approval of consent agenda item e. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Clifford Timm stated that he found the railroad that crosses Pickerel Lake. Under the trestle it is shallow. In the spring it is enough water for the fish to cross from the big lake to the smaller one. However, when the water level drops, they die because there isn't enough oxygen for them. He stated that he wrote a letter to Union Pacific with the hope that they will help with this problem. Mr. Timm further reported receipt of a letter denying that the level of Pickerel Lake can be raised. However, the condos built at the end of High Bridge had fill of over 65 feet. There are two sets of rules. He plans to follow up on these issues. Page No. 4 October 5, 2004 Mayor Huber stated that the big issue with the railroad is concern for safety of pedestrians near tracks. AIRPORT NOISE UPDATE Councilmember Vitelli reported that a meeting recently took place at the Governor's Office. Those attending included the mayors of Minneapolis, Bloomington, Richfield, and Councilmembers from Eagan and Mendota Heights, the Chief of Staff Dan McElroy, Chair of Metropolitan Airports Commission (MAC) and state representatives. The purpose of the meeting was to express dissatisfaction on the part of the cities with MAC's failure to follow through with the noise abatement program that was committed to when it was decided to keep the airport at its present location. Dissatisfaction was also expressed on MAC's failure to adopt a noise abatement compromise that was submitted from the Noise Oversight Subcommittee of which Councilmember Vitelli is a member. Councilmember Vitelli's comments included that in 1994 MAC made a projection of noise levels on surrounding cities of the airport. The projection was based on an assumption that Runway 422 would have 22% of all MSP flight operations when extended and improved. That is the runway that does not go directly over Mendota Heights. There were delays as a result of objections from cities. To this date, that runway has 2 percent of flights, which means the other runways carry the burden of traffic. However, even though runway No. 422 was not upgraded, MAC has not adjusted the contour maps. Had the maps been adjusted to be accurate, they would have shown that Mendota Heights residents are getting airport noise above 60 decibels. For the last 10 years, residents in Mendota Heights have put up with these noise levels and have not received noise abatement mitigation that they should have received. The Noise Oversight Committee is comprised of members from surrounding communities, members from the airlines and airport. A compromise was developed that received a majority vote. The compromise was that MAC would provide full sound abatement that was promised within a 62 decibel noise level or above. Homes experiencing 60 to 61 decibels would receive $13,500 for noise abatement for their home. This compromise would have reduced the cost to MAC of the noise abatement program by $200 million. Members of the Committee risked disfavor with their own constituents to support this compromise. When the compromise was sent to MAC, it was ignored. Yet MAC continues to say they do not have the funding for the sound abatement program. Page No. 5 October 5, 2004 At the same time that MAC is reneging on the sound abatement program, the Governor is meeting with the CEO of Northwest Airlines to discuss a major expansion to the airport. MAC has found money for the major new expansion but has not found money for the noise abatement program promised to residents for many years. Mr. Torn Foley is the appointed representative of Mendota Heights on the MAC board. However, his statements and actions have not shown support of residents. Mayor Huber, with other Mayors, has signed a letter to Senator Mark Dayton stating that MAC has reneged on its promises over the past decade. Secondly, the year 2020 airport expansion will create airport noise that was never anticipated. Mayor Rybak, with other cities, has threatened a lawsuit against MAC for failure to take care of sound abatement. A lawsuit would delay opening of the north/south runway and any expansion. Mayor Huber stated he signed the letter in anticipation of support from the Council. Councilmember Krebsbach requested time to read the letter and commended Councilmember Vitelli for becoming an advocate for the City. One of her concerns is a lawsuit that would delay completion of the north/south runway that would reduce airport noise over Mendota Heights. She further noted that the reason for the change in representation for Mendota Heights on MAC is that the City has been lumped with St. Paul. Mr. Foley is St. Paul's representative and believes Mendota Heights benefits from the proximity of the airport. It is important for him to be engaged with the City and become informed. Councilmember Vitelli noted that Vicki Tidwell, Chair of MAC agrees with Mr. Foley and believes Mendota Heights residents should pay for noise abatement because the City benefits from the proximity of the airport. Mayor Huber stated the letter does not endorse the lawsuit. It is a letter to ask Senator Dayton to follow up on MAC's failed commitments. He further stated that Governor Pawlenty's position is to support Northwest Airlines and MAC, which is a problem for the City. Councilmember Schneeman suggested Mr. Foley be invited to speak with the Council on these issues. Page No. 6 October 5, 2004 Councilmember Duggan asked what response was given by Representative Skoglund or Mr. McElroy. Councilmember Vitelli asked for a response. Mr. McElroy stated that he is still learning the issues, will take them seriously and bring them to the Governor. Councilmember Duggan suggested a follow -up letter to Mr. McElroy. It was the consensus of the Council to support such a letter. Mayor Huber stated that a motion to support the letter he signed to Senator Dayton would be laid over until later in the meeting, when Councilmembers have had a chance to read it. CASE NO. 04-38, CLOSEMORE Council acknowledged receipt of an application from Jeff Closemore for a conditional use permit (CUP) and wetlands permit for a 4 -foot high black vinyl- coated chain link fence. Assistant Hollister stated that although City ordinance only allows a 3 -foot fence in the front setback, a provision has been added for those on corner lots and through lots to apply for a conditional use permit for a taller fence within the 30 -foot front setback. The wetlands permit is needed because the fence would be 70 feet from wetland. The Planning Commission and Planning Consultant have recommended approval. Councilmember Vitelli moved adoption of Resolution No. 04 -76, "RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND WETLANDS PERMIT FOR A 48 -INCH HIGH BLACK VINYL- COATED CHAIN LINK FENCE AT 1527 VANDALL STREET." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04 -39, WILD Council acknowledged receipt of an application from Paul Wild for a Wetlands Permit for a carport. Assistant Hollister stated that the City Planner has determined that the square footage of a carport is incorporated into the square footage of an attached garage. This application is under the 1200 -foot threshold and does not need a conditional use permit. The side yard setback is also in compliance. Because the carport would be within Page No. 7 October 5, 2004 100 feet of a wetland, application has been made for a Wetlands Permit. The house already encroaches into the wetland buffer. The Planning Commission and Planning Consultant recommend approval with the condition of installation of a downspout. The applicant has agreed. Mayor Huber opened discussion to public comment. There were no comments or questions. Councilmember Duggan noted that the adjacent neighbor has requested additional landscaped screening between the properties where there is a swale and concern that drainage not flow onto the neighbor's property. The applicant has agreed to this condition also and is working with his neighbor to resolve the issue. Councilmember Vitelli moved adoption of. Resolution No. 04 -77, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR A CARPORT AT 813 HAZEL COURT." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04 -41, Council acknowledged receipt of applications from Somerset SOMERSET COUNTRY CLUB Country Club for a conditional use permit, a Wetlands Permit, and variances for an accessory building. Assistant Hollister stated that the application is to replace one accessory structure, expand another accessory structure and improve parking. The conditional use permit is needed because golf courses exist under a conditional use permit in the RI zone. The Wetlands Permit is for encroachment into the wetland buffer. Three variances are also requested: 1) to exceed the 425 square feet of accessory structure allowed in the Rl zone; 2) for the number of accessory structures; 3) a variance for an 18 -foot height of an accessory structure which exceeds the 15 -foot limit; and 4) a 6 -foot front setback on Emerson instead of the required 30 feet. After a detailed discussion, the Planning Commission and City Planner recommended approval of all of the applications, except the variance for accessory structure height. A mansard roof was suggested to achieve the 18 feet of height inside, while maintaining the code required 15 feet. 1 Page No. 8 October 5, 2004 Mr. Anthony Dollerschell, R. J. Ryan and Mr. James Bode from Somerset Country Club were present to answer questions. Councilmember Krebsbach asked why the two additional feet of height is needed. Mr. Dollershcell stated that after the Planning Commission meeting, it was decided that the inside height could be achieved by dropping the wall panels to 17 feet. The reason for the added height is that this structure is a maintenance facility. To maintain larger equipment, it is necessary to raise it, which is why the extra height is needed. A variance of two feet is requested. He noted that the site is sloped. Over the top of the slope, only 4 feet of the building would show. Councilmember Schneeman stated that she visited Southview, Mendakota and Inverwood to look at their maintenance buildings. They are higher than what is being proposed, and she would support the height variance. Councilmember Schneeman moved adoption of Resolution No. 04- 78, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT, WETLANDS PERMIT, AND VARIANCES FOR NUMBER AND SIZE OF ACCESSORY STRUCTURES AND PARING LOT SETBACK AND A HEIGHT VARIANCE TO REPLACE ONE ACCESSORY STRUCTURE AND EXPAND ANOTHER ACCESSORY STRUCTURE AT 1416 DODD ROAD." Councilmember Krebsbach seconded the motion. Mr. Dollerschell stated that with the topography and additional arborvitae that are planned, the building won't be seen. Councilmember Vitelli offered an amendment to the resolution that would specifically require the arborvitae screening on the north side and parking area. Councilmembers Schneeman and Krebsbach accepted the amendment. Mayor Huber asked if the exterior material would be the same on all four sides of the building. Mr. Dollerschell answered, that all sides of the building would be exposed aggregate with horizontal banding. Mayor Huber asked if adequate inspections have been done to determine any hazardous materials before demolition. Mr. Page No. 9 October 5, 2004 Dollerschell responded that inspections will be done before demolition. City Attorney Schleck offered a further amendment to the resolution that would require a condition that any demolition would comply with all federal, state and local requirements for hazardous materials. Councilmembers Schneeman and Krebsbach accepted the amendment. Mayor Huber opened the discussion to public comment. There were no comments or questions. Ayes: 5 Nays: 0 CASE NO. 04 -31, HAGGERTY Council acknowledged receipt of an application from Paul Haggerty, 645 Sibley Memorial Highway for a Critical Area Permit and front yard setback variance for a front porch and rear deck. The property is within the Mississippi River Critical Area Corridor, which requires a Critical Area Permit. The front setback variance is because of the "string rule," which imposes an additional setback to the 30 feet of the invisible string between the front most portions of houses on either side. The house is beyond the invisible string, and the way the City Planner interprets the setback for any addition is to require a variance. A second letter from the DNR and a third landscape plan from the applicant in response to that letter has been given to the Council. Mayor Huber explained further that because the house sits in front of the string, it is a nonconforming structure. Any addition that would also sit in front of the string would require a variance. Councilmember Krebsbach asked for further clarification on the action of the Planning Commission. Assistant Hollister noted that the Planning Commission was unable to approve this application. Commissioner Miller attempted a motion that would support part of the application but not the deck. The motion failed on a tie vote. Councilmember Vitelli asked if the decision for the deck and porch can be split. City Attorney Schleck stated that there is precedent for looking at applications as a whole. However, the application could be split at the Council's discretion. Page No. 10 October 5, 2004 Mr. Paul McGinley, Loucks McLagan, Planner for Mr. Haggerty, stated that the string rule was for situations when a new home would be built on a vacant lot between two homes. Part of the hardship in this case is when the homes were built. The applicant's home was built in 1880; the homes on either side of him were built 49 and 58 years later. The proposed porch on front is one -half foot further from Sibley Memorial Highway than the existing house. The addition of the porch would a beneficial effect on the neighborhood in aesthetic appeal. The bluff line is considered the beginning of the 18% slope. The deck would be extended from the house 6 feet. The setback from the bluff line should be 40 feet; the proposed deck is 58 feet from it. Councilmember Duggan noted that it appears that deck, similar to the porch, does not extend further to the bluff than the house. In answer to Council nember Schneeman Mr. McGinley stated that the DNR has not seen the most recent plan. Councilmember Duggan stated the DNR asked that the trees be three species of oak be planted on the bluff. Councilmember Krebsbach expressed concern that enough planting be done on the bluff. Councilmember Schneeman stated that she would want Mr. Haggerty to be in compliance with the plantings recommended by the DNR and that the trees be planted and maintained by an arborist. Once the trees are stabilized for a year, the Council would look at this application again. Mr. Paul Haggerty, Applicant, stated that he started re- vegetation last year with the planting of 12 trees 14 low - growing shrubs. The list of species came from the DNR and Dakota County. The previous owner removed some trees, and he wants the Council to understand that the way his property is today is not solely his responsibility. He proposes to plant and additional 11 trees that were removed from the front had to be removed because they were growing into the foundation and grass could not grow. He submitted a list of 20 neighbors who signed a statement of support for his application as well as letters of support from immediate neighbors. Councilmember Schneeman stated that her concern is the clear - cutting that was done in the back and the erosion that it could cause. Page No. 11 October 5, 2004 Councilmember Krebsbach clarified with Mr. McGinley that his firm is a consultant for the survey and additions to the house but not landscaping, erosion and tree replacement. Councilmember Vitelli stated that the problem is the trees that were removed from the bluff and the erosion problems that can occur. The proposal is reasonable, but the issue is the trees that were removed. Councilmember Duggan stated that the DNR wants the bluff restored. The Council wants assurance that the applicant will follow the DNR recommendations. He would want to see the plantings occur and then address the application in one or two years when it can be verified that the new trees are flourishing. Mr. Haggerty stated that the trees he planted last year were on the DNR's list. This year the DNR's list is different, and he intends to comply with their recommendations. Mayor Huber opened the discussion to public comment. Mr. Burt Anderson, 643 Sibley Memorial Highway, stated that the bluff on Mr. Haggerty's property is a moonscape. It is a gash. The 1 concern of the DNR is about runoff from the house. The survey presented was done in 1999, and the yellow pins delineating the property line have been removed. He has a civil lawsuit against Mr. Haggerty that is now in the Court of Appeals. He has a judgment against Mr. Haggerty for wrongful diversion of water to his property, assault, and cutting 20 trees on his property and many more on his own property. The trees that have been planted are in the front of Mr. Haggerty's house. What is on the bluff is stumps. Water continues to be diverted from Mr. Haggerty's property to his. The Chief Hydrologist of the DNR states that, "The deck and front porch shall be buffered, landscaped and re- vegetated with native trees." Mr. Haggerty has created his own hardship with the removal of shrubs and trees in front and now wants a porch to block light and protect his heirlooms. Mr. Anderson recommended the Council not separate the requests in the application but wait a year or two to see the bluff rebuilt before granting the permits for a deck and porch. If he does replant in good faith and follows the DNR recommendations, he will not oppose the deck and porch. Councilmember Krebsbach asked the date of the survey. Mr. McGinley stated that it was several years ago. Another boundary survey would be same as is shown on the site plan. Page No. 12 October 5, 2004 Mr. Timm stated that he met with St. Paul Parks officials and saw the bare V on the bluff. He asked if Mr. Haggerty could be arrested for clear- cutting the trees, but he is not sure that can be done. He asked the Council to make sure the tree line on the bluff is restored. Mayor Huber stated that it is the consensus of the Council to deny the application and have staff prepare a resolution for adoption at the next Council meeting. Councilmember Duggan stated that he wants the trees planted certified by an arborist. Councilmember Vitelli requested that the resolution specifically require that the bluff be restored. City Attorney Schleck stated that there is a resolution for the bluff to be restored. CNS CONSTRUCTION Assistant Hollister stated that the new owners of the Fischer gas BUILDING PERMIT station and want to move their construction business to this site. The DISCUSSION property is a B2 zoned area. The list of permitted uses could relate to the new use they propose -- Hardware Store, Variety Store and Wallpaper Supplies. Councilmember Vitelli moved approval that the proposed new 1 business at the Fischer gas station at 2156 Dodd Road is in compliance with the uses permitted in the B2 zoning district. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 GO IMPROVEMENT BONDS Finance Director Schabacker stated that construction on Somerset has begun and bonds are needed to finance this project. Mr. Mark Ruff, Ehlers and Associates, stated that the approximate size of the bond issue would be $1,395,000 to run 20 years. Assessments not to be assessed until 2005 for 2006 property taxes. It is proposed that the prepayment date would be 2012. Capitalized interest from proceeds of the bonds will fund interest payments until 2006, when special assessments are levied. Assessments will be at the rate of 6% over a period of 19 years. At the time of sale, Moody's report on the City's rating. The sale could be October 19 or November 16. The Interest rate on the bonds is anticipated to be between 4% and 4.5 %. Councilmember Vitelli asked if the budgeted $2 million sufficient to cover all of the costs of the project. Ms. Schabacker answered, yes. Page No. 13 October 5, 2004 Councilmember Duggan moved approval of Resolution No. 04-79: "RESOLUTION PROVIDING FOR THE SALE OF $1,395,000 G.O. IMPROVEMENT BONDS, SERIES 2004A on October 19, 2004." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 SLOPE REMEDIATION City Engineer McDermott stated that additional information is JES ENTERPRISES provided as requested at the last Council meeting, including a chronology of events with this property. Imperial completed a pond and retaining wall in May 1995, which failed Memorial Day of that same month. It was repaired in the summer of 1995, but the soil failed again, although the pond remained functional. United Properties requested postponement of any repair until the adjacent property was developed. That property was developed in 2004, and the slope and retaining wall were redesigned. The City awarded a contract to Imperial Designers in the amount of $14,983 to install the wall pursuant to the redesign of United Properties. On the July 4t' weekend the soils failed for a third time. American Engineering and Testing (AET) were contacted who prepared site reports. American Engineering has recommended l further site work in the amount of $6,400. American Engineering does not work with detailed site designs, and the City received a proposal from Bonestroo Rosene Anderlik & Associates for a site survey and perform the work for the soil and wall remediation. The cost is a not -to- exceed amount of $29,900. Potentially, the total cost could be $300,000. Councilmember Krebsbach asked if there would be other alternatives. Ms. McDermott stated that there are soil reinforcement techniques that could be used, a concrete retaining wall. City Attorney Schleck stated that the steps proposed need to be done before many questions can be answered or look at alternatives. AET will provided the data that is needed. Councilmember Duggan moved approval of the proposal for Design of Slope Remediation at JES Enterprises Office Building, 2400 Pilot Knob Road/Printware Pond Job No. 9213. Discussion: AIRPORT NOISE Councilmembers reviewed a letter to be sent to the Minnesota delegation on airport noise and noise abatement. Councilmember Vitelli moved approval of authorization to sign the joint letter from cities affected by airport noise. Councilmember Schneeman seconded the motion. Discussion: Councihnember Krebsbach cautioned working too close with Eagan, as the position of Eagan has no benefit for Mendota Heights. She would recommend removing the slang words. Councilmember Duggan suggested the City's own letter with the part of the Comprehensive Plan addressing airport noise that has been approved by the Metropolitan Council. The City's plan has been in place longer than MAC's plan from the mid- 1990s. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Schneeman commended residents for picking up trash on Highway 13. Councilmember Krebsbach commended Councilmember Schneeman for the background information provided to the Council at this meeting. She also announced that there is landscaping at the bank in Town Center. ADJOURN There being no further business to come before the Council, Councilmember Vitelli moved that the meeting be adjourned to a closed session with subsequent adjournment to the October 16th Property Maintenance Workshop at 10:06 p.m. Page No. 14 October 5, 2004 Councilmember Duggan requested that staff tie conditions into the contract to get the information needed to correct this situation. Ayes: 5 Nays: 0 SCHEDULING Councilmember Vitelli moved that the Council retain the regular City Council meeting date on election night, November 2, 2004, at 8:30 p.m., and schedule the Election Canvassing Board November 3, 2004, at 5:00 p.m. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 AIRPORT NOISE Councilmembers reviewed a letter to be sent to the Minnesota delegation on airport noise and noise abatement. Councilmember Vitelli moved approval of authorization to sign the joint letter from cities affected by airport noise. Councilmember Schneeman seconded the motion. Discussion: Councihnember Krebsbach cautioned working too close with Eagan, as the position of Eagan has no benefit for Mendota Heights. She would recommend removing the slang words. Councilmember Duggan suggested the City's own letter with the part of the Comprehensive Plan addressing airport noise that has been approved by the Metropolitan Council. The City's plan has been in place longer than MAC's plan from the mid- 1990s. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Schneeman commended residents for picking up trash on Highway 13. Councilmember Krebsbach commended Councilmember Schneeman for the background information provided to the Council at this meeting. She also announced that there is landscaping at the bank in Town Center. ADJOURN There being no further business to come before the Council, Councilmember Vitelli moved that the meeting be adjourned to a closed session with subsequent adjournment to the October 16th Property Maintenance Workshop at 10:06 p.m. Ayes: 5 Nays: 0 Page No. 15 October 5, 2004 Councilmember Duggan seconded the motion. TIME OF ADJOURNMENT: 10:06 p.m. Kathleen M. Swanson City Clerk ATTEST(��V John r J u 6 ,e Ma3&r,-