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2004-05-18 City Council minutesPage No. I May 18, 2004 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 18, 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: Mayor Huber, Councilmembers Duggan, Krebsbach, Schneenian and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION, Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the amended minutes of the regular meeting held on May 4, 2004. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Schneeman moved approval of the consent calendar for the meeting, revised to move items 6f, TH 13/Annapolis traffic information, and 6k, dispatching agreement amendment, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the NDC4 meeting agenda. b. Acknowledgement of the May 12, 2004 approved Airport Relations Commission minutes. c. Acknowledgement of the April 2004 Treasurers Report. d. Acknowledgement of the April 2004 Fire Department Monthly Report. e. Acknowledgement of an update on the regional radio system study. Page No. 2 May 18, 2004 f. Authorization to hire Brian Hansen as a temporary Career Development Engineering Aide, effective June 1, 2004 at the rate ( i of $11.00 per hour. g. Authorization for the issuance of purchase orders totaling $10,824 for police squad car equipment. h. Approval of Sign Permit for Boltz's Tae Kwon Do, 780 South Plaza Drive. i. Approval of Fence Permit for Tempco at 2444 Enterprise Drive. j. Approval of fist of contractor licenses dated May 18, 2004. k. Approval of the List of Claims dated May 18, 2004 and totaling $193,068.41. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TRAFFIC CONCERNS Council acknowledged a memo from Police Chief Aschenbrener regarding traffic problems at T.H. 13 and Annapolis, in response to a request for information from Councilmember Krebsbach. Council also acknowledged a letter from Ms. Tamra Phillippi, 645 Delaware Avenue, regarding the intersection. Chief Aschenbrener stated that MnDOT inspected the intersection j and reviewed the accident history and stated that there are not enough warrants for them to spend any money there. Councilmember Krebsbach asked whether Ms. Phillippi's recommendation that a "cross traffic does not stop" sign was considered. Chief Aschenbrener responded that MnDOT'S concern over adding signs is that the area is already so condensed that adding more things would make it more confusing to people coming towards that intersection on Highway 13. Councilmember Krebsbach stated that it is the people on Annapolis who pull out into the intersection because they assume everybody is going to turn. Chief Aschenbrener stated that MnDOT did not feel any more signage was justified. He also stated that most of the people who use the intersection typically use it all the time, and making it difficult to get through there is a calming effect. Page No. 3 May 18, 2004 Mayor Huber stated that part of the problem is that there is more traffic because the TH 13 ramp is closed. Councilmember Krebsbach felt that a sign on Annapolis that says that cross traffic does not stop would be a good idea. Mayor Huber suggested that MnDOT should be asked to come out to inspect the intersection between 7:00 and 8:00 in the morning. Chief Aschenbrener responded that MnDOT did agree that more traffic has been added to the intersection because of the ramp closing. He stated that he will contact MnDOT and ask them to inspect the intersection again. Councilmember Krebsba ch moved to acknowledge the report. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 DISPATCHING AGREEMENT Council acknowledged a memo from Chief Aschenbrener regarding an amendment to the dispatching agreement with the City of West St. Paul to formalize the standard operating procedures into the agreement. Councilmember Duggan stated that he spoke to the Chief about some typographical errors, and those errors have been corrected in the agreement that was distributed for adoption this evening. Councilmember Duggan moved to authorize the Mayor and City Clerk to execute the amendment to the dispatching contract entitled "First Amendment of Holder of the Record Agreement." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Cliff Timm was present regarding Wagon Wheel Trail safety. He stated that he watched the last meeting and did not know what the problem was. He stated that he understands that at one point there were about 100 people fishing there and he is happy people are fishing. He thanked Councilmember Schneeman and her family for cleaning up the trash. Many people who fish there do obey the environment and the laws, but the city needs to educate the people who are leaving trash. Page No. 4 May 18, 2004 Councilmember Duggan stated that he spoke to an individual who lives in the area who will come up with language in the Hmong language for no parking, no dumping and no fishing on the north side, and the city will look into the costs for the signs. He felt that the predominant number of those who are fishing there are Hmong. Councilmember Vitelli noted that most of those who have been fishing from the road are Somali and Spanish. Councilmember Duggan stated that safety is a concern and if it takes a little extra money to put up signs to save a life it is worth it. Mr. Timm cited a recent newspaper article about a lady who owns a home on Rogers Lake who created a buffer of willows and cattails along her property, and others should do the same and leave the area along the shoreline undeveloped. ST. THOMAS ACADEMY Council acknowledged a memo from Administrator Danielson WATER QUALITY STUDY along with the St. Thomas Academy Environmental Studies class report on Rogers Lake water quality. Mr. Tony Kinzley, the class instructor, and several cadets were present. Mr. Kinzley thanked Council for the opportunity to present the findings. He stated that the data is student - driven and student- C analyzed. Cadet Alex Kurt gave a brief introduction. Cadet Ted Bartholomew reviewed the results of benthic testing and Cadets Christian Pilhofer and Joe Schaefer presented the results of chemical testing. Cadet Ben Vatterott reviewed the historical and annual data, and Cadet Kyle Drake gave an analysis and summary. The students also responded to questions from Council. Mayor Huber asked if there is any information the city could distribute to residents to educate them about creating buffer zones along the lake. He pointed out that the lakeshore is all private property. Mr. Kinzley responded that not much using low phosphate chemicals. He stated that his class can put together an educational brochure for the city to use. Councilmember Schneeman stated that there is a book out called "Lakescaping" that many lake associations use and that she will get for the class. The book contains a lot of information on different Page No. 5 May 18, 2004 kinds of shrubs people can plant to create a buffer zone to keep grass clippings from going into the lake. It would be wonderful if the class could help the people around the lake learn what they can do. HEARINGS — 3.2 MALT Mayor Huber opened the meeting for the purpose of a public hearing LIQUOR LICENSES on applications from Speedway SuperAmerica 4516 and 4521 for renewal of their 3.2 malt beverage off-sale licenses and from Par 3 Golf for an renewal of its on-sale 3.2 malt beverage license. Ayes: 5 Nays: 0 Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Duggan seconded the motion. Councilmember Duggan moved to grant renewal 3.2 malt beverage off-sale licenses to Speedway SuperAmerica #4516 and #4521, and to grant renewal of an on-sale 3.2 malt beverage license to Par 3 Golf, Inc. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04-08, LANDSMAN Council acknowledged an application from Mr. Scott Landsman, for a conditional use permit and wetlands permit for a fence at 661 Cheyenne Lane. Council also acknowledged associated staff reports. Mr. Landsman was present for the discussion. Assistant Hollister stated that a wetlands permit is required because the fence is within 100 feet of the wetlands. A conditional use pen-nit is required for any fence higher than three feet within the front yard setback of a comer lot.. The Planning Commission recommended approval of both permits, but recommended three conditions for the conditional use permit. He reviewed the three conditions which were: landscaping outside the fence must be natural materials; the applicant shall provide a landscaping plan for Council review and approval; and, the landscaping plan must be fully implemented by September 1, 2004. The commission wants to make sure the fence is more appealing along Huber Drive. The fence is a four foot high black chain-link fence and the commission talked about how to make it more appealing for traffic along Huber Drive. Mr. Landsman stated that he agreed with the commission about using native vegetation. He is still working on the issue of how to do Page No. 6 May 18, 2004 it. He does not agree with 100% screening, but what he wants to do will make it inconspicuous so people do not even notice it. Councilmember Schneeman asked if the fence will go inside the pine trees. Mr. Landsman showed photos of his lot and described where the fence will go. Part of the fence will be outside of three pine trees along Huber and then it will be inside the trees. Mayor Huber stated that he feels what the commission had in mind was that there be some type of landscaping plan submitted. He had suggested in a phone conversation with Mr. Landsman that he come up with some type of landscaping proposal to see if Council can work with it. Mr. Landsman responded that he had a plan that he submitted to the conunission. It was poorly done, but he is still investigating the types of native plants to use. His plan for the exposed area on Huber is to plant various trees, including pines, and also natural grasses. He was not told until the commission meeting that they wanted more detail. He wants to create a screen that will make his yard as private as possible for his children to play in. His issue is that he does not know what 100% screening is. Councilmember Krebsbach stated that Council approved a wooden fence for the people who live on the corner of Mendota Heights Road and Huber. Council required that landscaping be planted outside the fence, and it looks very nice. Mr. Landsman responded -that he wants to do landscaping, and once he installs the fence he wants to plant more trees between the fence and the street. Councilmember Krebsbach suggested that Council take the proposal to have trees and grasses outside the fence with the intent that he is going to be screening his back yard He is representing to Council that he will be planting both evergreens and deciduous trees and grasses outside the fence. Councilmember Schneeman stated that the commission also asked that it be fully implemented by September 1. Page No. 7 May 18, 2004 Mr. Landsman asked that he be given one more year so that he can do the right job. With a new baby, he does not know how much time he will have to get it done the way he wants it done by September. Councilmember Duggan supported the request. It takes landscaping time to grow and in Minnesota there is never a guarantee. He does not think it is unreasonable to remove the word "completely" from the resolution. Over a period of time, the screening will fill in reasonably. Council should give a September, 2005 deadline for the landscaping to actually grow and fill in. Councilmember Krebsbach agreed that the landscaping should be implemented by September 1, 2005. Mayor Huber stated that the way the resolution is worded, Mr. Landsman must bring the plan to Council. He asked whether Council wants him to bring the plan to Council or staff. It was the consensus that Mr. Landsman should submit his landscaping plan to staff for review and approval. Councilmember Duggan suggested that the second condition should be revised to remove the first sentence and that "completely" should be removed from the second sentence. Mayor Huber responded that he feels the sentence should remain, but that the plan should be submitted to staff for review and approval. Councilmember Krebsbach moved adoption of Resolution No. 04- 29 "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND WETLANDS PERMIT FOR A FENCE AT 661 CHEYENNE LANE," revised to replace the words "City Council" with "staff' and to remove the word "completely" from the second condition, and also to revise the third condition to require implementation by September 1, 2005. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 04 -05, Council acknowledged a memo from Assistant Hollister regarding KLINGELHUTZ a proposed development agreement between the city and Klingelhutz Development for development of property at the southwest corner of Highway 13 and Highway 55. Mr. Terry Schneider was present on behalf of the developer. Page No. 8 May 18, 2004 Assistant Hollister stated that on March 16 Council adopted a resolution approving a wetlands permit, preliminary plat, conditional use permit and variance for the development. One of the conditions of the resolution is the execution of a developers agreement. The proposed agreement is the result of input from the city attorney, city engineer, Mr. Schneider and himself. Much of the agreement is standard language, but it specifically deals with three issues: timely completion of phase two; transfer of MnDOT property to the city and then to the developer; and, the provision of water, sanitary and storm sewer service. There was discussion over the last couple of months over whether the developer or the city should provide those improvements. It is the feeling now that the developer should provide them. Councilmember Krebsbach stated that under items two and seventeen of the resolution, the city will make its best efforts to acquire the excess right -of -way. She asked if best efforts is an understood term and if the agreement is also talking about the turnback area. Attorney Schleck stated item seventeen states that the developer shall make diligent efforts to affect the turnback of the north end of Waters Drive from the state to the city. Item two of the resolution �- refers to a different parcel. Best efforts is an understood legal term. Councilmember Krebsbach asked how the city and the developer would hold each other accountable to best efforts and diligent efforts. Attorney Schleck stated that the he would refer to the developers agreement rather than the resolution. The resolution is a statement of what the city will do. The developers agreement is an agreement between the city and the developer with conditions on both sides and the agreement is binding. Councilmember Duggan stated that there is a description for the sale of excess land from MnDOT dated March 19, 2004 and a letter from MnDOT stating that all approvals have been obtained for conveyance of the parcel. He asked which parcel that refers to. Administrator Danielson responded that it refers to the excess MnDOT right -of -way. Councilmember Schneeman stated that the letter from MnDOT responds to Cari Lindberg, and they should be notified that James Page No. 9 May 18, 2004 Danielson is the administrator. She also asked what the park dedication requirement is. Administrator Danielson responded that it will be a cash contribution of $24,850. Councilmember Duggan asked if that includes a park contribution for the excess land valued at $83,000 that the city will sell to the land developer. Mr. Schneider stated that the three parcels that are being referenced do include the excess MnDOT property and the property south of that. The value of all three was included in the calculation. The Waters Drive right-of-way was not included. He informed Council that he was very impressed that MnDOT responded to the city's letter of request for the excess right-of-way within ten days. Councilmember Krebsbach moved approval of the developers agreement. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 MENDOTA PLAZA Council acknowledged a memo from Assistant Hollister regarding a request from Paster Enterprises for a Minor PUD Amendment at Mendota Plaza. Mr. Ken Henk was present on behalf of Paster Enterprises. Assistant Hollister informed Council that Mr. Henk is present to talk to Council about a new tenant, known as Tuesday Morning, which is proposed to be located in the empty atrium space that runs north/south through the mall. Tuesday Morning is a home furnishing store. A minor PUD amendment is needed because the mall is a PUD and they have to make some minor changes to the fagade of the building. The changes not only involve the building itself, but Tuesday Morning would also have their name on the large monument sign. Mr. Henk stated that the existing mall space has been inadequately used for several years. Paster is proposing to add this to the shopping center. Hairy's Salon will be relocated to the old Boltz Tae Kwan Do space. The salon will be upgraded under this proposal as well. To accommodate Doctor Wild, who has had entrances both on the north and south end of the mall, Paster proposes to leave a corridor to his space and to add a six foot glass opening at the south Page No. 10 May 18, 2004 side of the mall for his entrance. A canvass awning will also be added to each of the existing four windows on the south side. In l . 1996 Council approved a sign for the south side of the building for the dentist. It was Paster's proposal to add a sign to the south side for Dr. Wild and to leave the existing sign for Doctor Wild on the north entrance, but the city staff is recommending one sign for the tenant. Paster's concern is that with Dr. Wild being alone on the south side, it would be appropriate for him to have the front sign remain. Other than that, Paster is in agreement with the staff comments. Tuesday Morning is a nationally recognized company, and it is hoped that the store will open this summer. Councilmember Duggan asked if it would be reasonable and helpful to Dr. Wild and Snyder's to have a directional sign where people come in at the entrance to direct them to Dr. Wild and the Snyder's drive through. Mr. Henk agreed, stating there is a bollard sticking up at the turn to direct truck access. It would be appropriate to add a directional sign for Dr. Wild and Snyder's. If Dr. Wild is only allowed to have one sign, he would prefer that his sign remain at its present location with no sign on the south side of the building. His current customers will find him because they know where he is. For new customers, he would prefer that his sign remain on the north elevation. He asked �. that Council give Dr. Wild the option to leave it on the north. Councilmember Duggan stated that he is not opposed to leaving the sign where it is with none on the south side. He would accept Dr. Wild coming back later on asking for the sign in the back. The back area is so vast, he thinks Dr. Wild might appreciate a directional sign at the entrance and perhaps another sign further on. He is also concerned about the size of the small door to the back of Tuesday Morning because he was concerned about deliveries. He stated that he would prefer that the deliveries be made to the back and that they be controlled so that they would not be in Dr. Wild's way in relation to the entrance. Mr. Henk responded that the deliveries will come through the rear. The store is more of a home accessories and gift store, so the small door is large enough. Councilmember Schneeman stated that she talked to Dr. Wild this afternoon and asked about the loading door. He stated that she feels Mr. Henk can work with Dr. Wild. He is happy with the sign on the back, but one of his concerns is that the awning would be so low that Page No. 11 May 18, 2004 it might keep light out of his office. Also, she was concerned that there should be some way that people can be directed to his office from the north side. Mr. Henk responded that it was his understanding that Dr. Wild did prefer the north elevation for the sign, but if he prefers the south, that would be fine. Councilmember Krebsbach noted that Paster Enterprises does not have an option for other businesses at the back. Mr. Henk responded that the option is in the triangular parcel to the south of the building and he can someday see that being a prime parcel for some type of office use. Councilmember Krebsbach stated that there is residential along the back, even though there is a line of buildings between them and the shopping center, and Council would like to keep the lighting low and have very little colored signage. Since there will not be a lot of other businesses on the south side of the building, she did not have a problem with Dr. Wild's sign being on the south. Mr. Henk stated that a December, 1996 letter from the city to Mr. Paster defines that there cannot be lights on between 10:00 p.m. and 6:00 a.m. and that the light level be screened, and that Paster Enterprises intends to follow those requirements. Councilmember Duggan stated that he was driving by the shopping center one evening and noticed the Do It Best sign was on past midnight. He asked Mr. Henk to talk to the owner. Mr. Henk responded that he will. Mayor Huber stated that he is concerned about people coming from the east at the back of the building and making a right turn towards Subway conflicting with people using the drive through for Snyders. Mr. Henk agreed there is a problem. The Snyder's traffic needs to drive up close to the building for the drive through. Paster Enterprises needs to look at striping near the drive through. Paster has looked at striping for Dr. Wild, and it may be that striping needs to be done to keep a 24 foot wide fire lane. The striping should perhaps differentiate both the Snyder's drive through and deliveries up to the building. Ayes: 5 Nays: 0 Page No. 12 May 18, 2004 Councilmember Duggan stated that there should perhaps be handicapped parking identified at the back, and if dentist parking should also be specifically identified. Mr. Henk stated that he has been looking at providing parking spaces for Dr. Wild and also that there should be identified handicapped parking. Councilmember Duggan asked Mr .Henk how he would move the traffic away from the Snyder's drive- through so they can pull out quickly, and if there is enough distance. Mr. Henk responded that he believes there should be enough room to maneuver and he would also look at striping and signing at the corner. Mayor Huber stated that he is concerned about the traffic flow around the building, northwest bound coming around the corner from the south. Councilmember Duggan asked Mr. Henk if he anticipates that most of the unloading for the new business would be during the normal unloading hours before 7:30 in the morning and after 6:00 in the evening. \ Mr. Henk responded that there is a Tuesday Morning in one of the other Paster shopping centers and he is not sure what their delivery schedule is. They are only open 270 days a year and go through ten different cycles of when they are closed. They try to hit the main retail seasons. He is not sure what their delivery hours are. Councilmember Duggan asked Mr. Henk to let staff and Dr. Wild know that information. Councilmember Duggan moved adoption of Resolution No. 04 -30, "A RESOLUTION APPROVING A MINOR PUD AMENDMENT FOR MENDOTA PLAZA," including passing on Council's comments to Mr. Paster. Councilmember Schneeman seconded the motion. Mr. Henk asked if there is any resolution about the sign location. Councilmember Schneeman felt that the sign should be on the south side above the entrance to Dr. Wild's office, but someone must Page No. 13 May 18, 2004 figure out a way to identify it for him. Mr. Henk should work with Dr. Wild on that. Councilmember Vitelli agreed. Councilmember Duggan stated that Dr. Wild should decide where he wants the sign. He stated that he would like to see design for the directional sign that Mr. Henk comes up with, and if, after Dr. Wild sees that he wants his sign to stay on the north side, he is fine with that. MAC SOUND INSULATION Council acknowledged a memo from Administrator Danielson PROGRAM regarding the MAC sound insulation program. Administrator Danielson stated that at the last meeting, Council approved a resolution supporting the NOC compromise recommendation for noise mitigation in residential areas, and that was forwarded to the MAC the next day for presentation to the MAC P &E Subcommittee. The Airport Relations Commission was aware of the resolution and discussed it at their last meeting. They recommend that Council forward the resolution to the city's MAC representative, Mr. Tom Foley, and request that he vote in favor of the NOC compromise when it comes before the full MAC and that he prepare a draft letter to Mr. Foley. Councilmember Duggan stated that he placed a call to Mr. Foley to ask him to read the resolution and to see if he is comfortable with the wording of the fourth whereas. He also spoke to Chad Leqve, and Mr. Legve is comfortable with the change he suggested. He felt the paragraph should be changed to read "the provisions of which compromise" could be completed. That says the same thing, but more correctly. Councilmember Krebsbach stated that she feels the language is understandable as it was adopted. Councilmember Duggan stated that he is not comfortable with Mr. Foley signing off on it if he is also uncomfortable with the language. He stated that he is waiting to hear back from Mr. Foley on what his choice is. He has had sixteen people look at the resolution and they all agreed that they have no idea what the fourth whereas means. He stated that it can be clarified very easily. Councilmember Schneeman asked if the resolution must come back to Council if Mr. Foley changes it. Page No. 14 May 18, 2004 Councilmember Duggan responded that he has asked Mr. Foley to look at it and if he is comfortable with the language, he has no problem. If Mr. Foley is not comfortable with the language, he will take the appropriate action. Councilmember Krebsbach stated that as a Council, Council needs to know what they have approved. Attorney Schleck responded that if Mr. Foley wishes to say or do something different, that is his choice, but the official resolution of the city will remain unchanged unless Council changes it. Mayor Huber stated that he feels the resolution reads fine the way it is. A second resolution will just confuse the MAC as to what Council wants. The operative phrase is that Council resolves to encourage MAC to adopt the NOC recommendation, and that phrase is right. Councilmember Krebsbach moved to direct Administrator Danielson to prepare a letter to Mr. Foley for Mayor Huber's signature, advocating Mr. Foley's support of the Sound Insulation Compromise Program. Councilmember Schneeman seconded the motion. Ayes: 5 � Nays: 0 Staff was directed to send a copy of the letter to all of the Council members prior to its execution. NOC ALTERNATE Council acknowledged a memo from Administrator Danielson regarding a recommendation from the ARC that Council appoint a second alternate to the NOC. Councilmember Krebsbach stated that she attended the ARC meeting, and they discussed having a second alternate. She is the alternate to NOC and will be able to occasionally take a half day off of work to attend a NOC when Councilmember Vitelli cannot attend. She thinks it is reasonable to have a second alternate. Administrator Danielson informed Council that the ARC recommends that Council appoint a second alternate. If Council agrees, the ARC requests that Council use a selection process that includes ARC's involvement in the process. Councilmember Schneeman felt that if there is another alternate, it should either be the city's Administrator or Administrative Assistant. Page No. 15 May 18, 2004 Mayor Huber agreed, stating that it is not always easy for Council members to get away from work to attend a meeting. Councilmember Krebsbach stated that Councilmember Vitelli has had perfect attendance at the NOC meetings, so it has not been an issue. The Airport Zoning Board meetings were the late afternoon, and she had no problem attending them. She felt it is a good idea to have a second alternate. A second alternate can attend what is simply a NOC session that is not necessarily open to the public. Councilmember Schneeman stated that the NOC meetings are open to the public and anyone can go who wants to. Administrator Danielson responded that there is a pre- meeting before the NOC meeting and the ARC discussed that the second alternate can attend that meeting but the public does not. Councilmember Vitelli stated that the NOC meetings are not closed. The pre - meeting is held to discuss the agenda and whether anything should be added or changed. There is never any action taken. All they do is discuss the agenda, and it usually is over in ten to fifteen minutes. All the alternates can come to that meeting. Mayor Huber stated that he would like a second alternate. Councilmember Schneeman stated that she does not care, and did not think it is a problem. Councilmember Vitelli did not think it would be a problem. He stated that the chief pilots representative requested a second alternate because of the uncertainty on whether they could attend. Councilmember Krebsbach stated that what is important is the city is represented at all meetings and if Councilmember Vitelli cannot attend and she cannot attend either, there would be someone who could go. If there can be a second alternate, she would suggest that the city appoint one. Administrator Danielson stated that Mr. Leqve informed him that the city can have a second alternate. Councilmember Krebsbach moved to authorize the appointment of a second alternate to the NOC. Ayes: 5 Nays: 0 Page No. 16 May 18, 2004 Councilmember Schneeman seconded the motion. Regarding the appointment process, Councilmember Krebsbach stated that Council originally said that it is a Council appointment and reserved judgment on that at the ARC meeting to see if there is someone on Council who is interested. She felt that policy should continue, and if no one on Council is interested, then there should be an appointment process. Councilmember Vitelli moved to appoint Councilmember Duggan as the second alternate to the NOC because he lives in Copperfield, where there is a lot of air traffic. Councilmember Schneeman seconded the motion. Councilmember Duggan stated that he would be available and would appreciate being appointed as the alternate. Councilmember Krebsbach stated that there was an article in a local paper recently that NOC made its recommendation and may not convene again. Mayor Huber stated that his only concern is that he knows there is a feeling on the ARC that they would like to have some input into the process and to see who is available. His preference is that it should be someone on Council or someone on ARC. Councilmember Duggan would do fine, but he would like to at least give the ARC members a chance to consider if they would like to be a second alternate. His preference would be that before Council names a second alternate, they open it to the ARC and see if anyone has an interest. Councilmember Vitelli responded that there is someone on Council who has an interest. Councilmember Krebsbach stated that she thinks Council should stay consistent if there is interest from a Councilmember. If there was no interest from Council, then Council should ask the ARC for a representative. Councilmember Schneeman was concerned about what Council does for an NDC4 alternate and an alternate for her on the Gun Club Lake WMO. Page No. 17 May 18, 2004 Mayor Huber was concerned about the ARC not having a chance to advance one of their members. Councilmember Duggan supported what Mayor Huber said and stated that he is comfortable with an ARC member representing the city as a second alternate. Councilmember Vitelli stated that he will not withdraw the motion because feels that Councilmember Duggan is the right person. Councilmember Schneeman agreed with Councilmember Krebsbach that these appointments should stay with Council. She felt that if it isn't a Councilmember, it should either be the Administrator or Administrative Assistant. Councilmember Krebsbach stated that she would like to be clear on Councilmember Duggan's position on the matter. Councilmember Duggan responded that if the vote is that he serve, that is fine. He is just supporting the Mayor's position that the ARC is working very hard and is a very dedicated body. Councilmember Vitelli stated that he thinks it is important to realize that there have been many NOC meetings that are public and he can only remember one an ARC member, Ellsworth Stein, attended a meeting. He did not remember any other time an ARC member attended, and he very strongly supports appointment of a Council member and does not see a reason to defer to an ARC member. Councilmember Krebsbach felt that Council should be consistent. There is a Councilmember who is interested even though he understands the position of the ARC. Mayor Huber stated that in his role as Mayor, he tries to keep a lot of groups of people happy and tries to respond to all the constituencies. There are times he thinks there are things he needs to do to be understanding of what he hears from those constituencies. VOTE ON MOTION: Ayes: 3 Vitelli, Krebsbach, Schneeman Nays: 1 Huber Abstain: 1 Duggan Mr. Mike Kosel, a resident of the Rogers Lakeside East area, stated that he understood that the ARC wants to appoint one of its members. Page No. 18 May 18, 2004 Councilmember Krebsbach responded that the City Administrator's summary was that the ARC wanted input into the decision. The summary was not that the ARC wanted one of their representatives to be appointed. Councilmember Duggan stated that his understanding from reading the April ARC minutes, they would like to participate more in the process of determining who represents the community on NOC. There will be other opportunities down the line and he would welcome their input. SALARY ADJUSTMENTS Council acknowledged a memo from Administrator Danielson regarding recommended salary adjustments for several staff members. Councilmember Krebsbach moved adoption of Resolution No. 04- 31, "RESOLUTION AMENDING THE CITY OF MENDOTA HEIGHTS PLACEMENT AND PAY CLASSIFICATION PLAN" effective January 1, 2004, and approval of amended job descriptions. Councilmember Duggan seconded the motion. Ayes: 5 .Nays: 0 CLOSED SESSION Council acknowledged a memo from Administrator Danielson recommending that Council adjourn to a closed session for discussion on the Par 3 litigation. Attorney Schleck stated that Council would be adjourning to closed session to discuss an update on the appeal in the case of Mendota Golf, LLP versus Mendota Heights. COUNCIL COMMENTS Councilmember Krebsbach commended MnDOT for the I -35E bridge project. She stated they have done a great job throughout the project, and the bridge will be very nice. Councilmember Duggan congratulated Planning Commission Chair Sally Lorberbaum on attaining her Master's Degree from the University of Minnesota. Councilmember Duggan stated that he has spoken to a person who was concerned about the dust at Town Center. He referred the call to Administrator Danielson, who spoke to Mr. Feffercorn, and he will seed or sod the areas that will not be built on this year. Page No. 19 May 18, 2004 Councilmember Duggan stated that a gentleman approached him over the weekend who is interested in and will try to find the appropriate Hmong language for signs, fishing on north side only, no littering or trash, and no parking except in the Rogers Lake park lot. Councilmember Vitelli stated that the debris from the contractor building the townhouses in Town Center is totally unacceptable. There is trash blowing all over the place. He asked what the city can do to get the contractor to clean up the area. He pointed out that there have been two pieces of insulation in the pond for three weeks. Administrator Danielson stated that he will get after them. One of the problems is that they are working late at night. Councilmember Duggan stated that people have been complaining about the contractor starting before 8:00 on Saturday, and they have also been working on Sundays. The city should send the contractor a letter expressing Council's concerns. The contractor needs to take care of the problems or experience a fine if they do not. Mayor Huber informed Council about his participation in a recent Mayor's forum. Mayor Huber thanked Engineer McDermott, Parks Project Manager Kullander and County Commissioner Battaglia for working on a tree issue on the path near Dodd and Wentworth. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved that the meeting be adjourned to closed session. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:30 p.m. K thleen M. Swanson City Clerk Page No. 20 May 18, 2004 1.