2003-12-16 City Council minutesPage No. 1
December 16, 2003
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 16, 2003
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, Schneeman and Vitelli.
PLEDGE OF ALLEGIANCE The City Council, audience and staff recited the Pledge of
Allegiance.
AGENDA ADOPTION Councilmember Duggan moved adoption of the revised agenda for
the meeting.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES Councilmember Vitelli moved approval of the amended minutes of
CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for
the meeting, revised to remove 6a, ARC minutes for November 12,
2003 and.refer them back to the commission for clarification, and to
move items 6f, Third Parallel Runway Contract, 6h, fence permit,
the regular meeting held on November 18, 2003..
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
Councilmember Duggan moved approval of the minutes of the
regular meeting held on November 24, 2003.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
Councilmember Duggan moved approval of the amended minutes of
the regular meeting held on December 2,-2003.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for
the meeting, revised to remove 6a, ARC minutes for November 12,
2003 and.refer them back to the commission for clarification, and to
move items 6f, Third Parallel Runway Contract, 6h, fence permit,
Page No. 2
December 16, 2003
and 6k, sign permit, to the regular agenda, along with authorization
for execution of any necessary documents contained therein.
a. Acknowledgment of the NDC 4 meeting minutes for October 1
and November 5 and the agenda for December 3.
b. Acknowledgment of the Treasurer's Report for November.
c. Acknowledgment of the Building Activity Report for November.
d. Acknowledgment of the Fire Department monthly report for
November.
e. Approval of the plans and specifications for Mendota Heights
Road Lift Station Rehabilitation/Reconstruction and
authorization to advertise for bids.
f. Authorization for the issuance of a building permit for
construction of an exterior vehicle ramp and a concrete
accessible route for tenant space at 2360 Pilot Knob Road,
contingent upon conformance with the city's requirement for
parking stall length, ADA guidelines and any other applicable
codes.
g. Authorization for the issuance of a purchase order to Dell
Computer Corporation for acquisition of a computer workstation
for the administration department at a cost not to exceed $1,600.
h. Adoption of Resolution No. 03-123 "RESOLUTION
APPROVING THE APPLICATION OF THE CITY OF
MENDOTA HEIGHTS FOR FISCAL YEAR 2004 DAKOTA
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING."
i. Adoption of Resolution No. 03-124 "A RESOLUTION
AMENDING PAY CLASSIFICATION SCHEDULE FOR NON
ORGANIZED EMPLOYEES TO REFLECT A 3.0 PERCENT
ANNUAL ADJUSTMENT FOR 2004," and Resolution No. 03-
125 "RESOLUTION ADOPTING A SCHEDULE OF
COMPENSATION FOR CERTAIN EMPLOYEES FOR 2003
AND ESTABLISHING CERTAIN OTHER BENEFITS."
j. Adoption of Resolution No. 03-126 "RESOLUTION
AUTHORIZING A LIMITED DEER CONTROL BOW HUNT
Page No. 3
December 16, 2003
ON PRIVATE PROPERTY DURING THE 2003 STATE DEER
HUNTING SEASON."
k. Approval of the list of contractor licenses dated December 16,
2003.
1. Approval of the List of Claims dated December 16, 2003 and
totaling $3.81,575.61.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
THIRD PARALLEL RUNWAY Council acknowledged a memo from Administrator Danielson
regarding the Third Parallel Runway Contract.
Councilmember Krebsbach stated that she did not talk to anyone
from the City of Minneapolis but did talk to ARC member Roszak,
who felt the contract would have more strength if it was recorded
against the property.
Attorney Schleck responded that in a normal real estate situation that
would probably be correct. The purpose of recording any document
other than a transfer of real estate puts everyone on notice that
someone other than the owner has rights to the property. From that
standpoint, he did not know whether the document would benefit the
city, because it is unlikely that MAC will be selling the property.
Also, the airport is federal property and the city would be staking a
claim to its rights to prevent construction of a third parallel runway.
There are many questions over when a city can confront the federal
government on a land issue. For the city to try to enforce this as a
property right would not give the city much benefit in terms of
construction of a runway in the future. If Council adopts the
resolution and MAC adopts the resolution, any claim the city would
level against the MAC would be just as strong as recording a
document against the property. The city could institute a contract
claim in the future. Also, it would be difficult to file the document
against the property, and he did not think it would benefit the city in
the future.
Administrator Danielson stated that he contacted the Minneapolis
principal planner, who told him that Minneapolis did not record the
agreement and that all they did was file the agreement in their files.
Page No. 4
December 16, 2003
Councilmember Duggan asked whether someone should check to see
if Item 7 is still in the Minneapolis contract before the agreement is
signed.
Administrator Danielson responded that the item was time sensitive
and the date has lapsed.
Attorney Schleck stated that Section 1111, Item 1 talks about the term
of the agreement being 2050. This is a fairly simple agreement, and
he did not know if Item 7 would grant any additional power to
Minneapolis, but he can review it.
After brief discussion, Councilmember Krebsbach moved to
authorize execution of the agreement based on a comparison with the
Minneapolis agreement that shows they are one and the same.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
HEALTH PARTNERS Council acknowledged a memo from Assistant Hollister relative
FENCE PERMIT to an application from Welsh Partners for Health Partners for a
permit to install a six foot high fence at the rear of their new building
in Centre Pointe. Mr. David Collins, the project architect, was
present for the discussion.
Councilmember Schneeman stated that she was concerned that
Health Partners was proposing to fence the area to create a smoking
area, and that did not make sense to her.
Mr. Collins responded that there will be no smoking in the building
or on the property at all.
Councilmember Schneeman moved to authorize the Code
Enforcement Officer to issue the necessary fence permit contingent
upon compliance with all applicable codes.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
LAND AMERICA SIGN Council acknowledged a memo from Code Enforcement Officer
Berg regarding an application for a permit for a 32 square foot sign
to be installed at 1155 Centre Pointe Drive for the Land America
Company.
Page No. 5
December 16, 2003
Councilmember Krebsbach stated that she asked that the matter be
pulled from the consent calendar because she thought the sign was
back lit. She wanted to make sure it will not be any more visible
than the SuperAmerica sign.
Councilmember Krebsbach moved to authorize issuance of the sign
permit, subject to plan review and approval by the Code
Enforcement Officer.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS Mayor Huber informed the audience that he had received a letter
from Jordan Reichenbach asking about the possibility of curb and
gutter on Wagon Wheel Trail, and a letter from Andrew
Reichenbach expressing a concern over trash pick up on Wagon
Wheel by Rogers Lake. The letters were referred to staff.
AIRPORT NOISE Mr. Guy Heide, Secretary for the Rogers Lake East Airport Noise
Reduction Committee, was present to discuss air noise topics of
concern to his committee. Council also acknowledged a letter from
Mr. Heide.
Responding to a question from Councilmember Krebsbach, Mayor
Huber stated that Council will listen to Mr. Heide's presentation but
will take no action. If Council feels something should have action,
that should be referred to the Airport Relations Commission.
Councilmember Krebsbach asked Mr. Heide if his group is taking
legal action against the FAA and if Mr. Heide is present to update
Council on that action. She would like to know what Council's role
is.
Mr. Heide responded that it is not a lawsuit, but as an individual
citizen.
Attorney Schleck stated that Council is not taking any role with
respect to the action. Mr. Heide is present to bring Council up to
date on a matter he has going on.
Councilmember Krebsbach stated that she thinks the discussion
would be more appropriate as public comments rather than an
agenda item if Council does not have a role in his action.
Page No. 6
December 16, 2003
Councilmember Duggan stated that since Council has already
adopted the agenda, Mr. Heide should go forward with his
presentation.
Mr. Heide reviewed the 1996 DNL contours and asked that Council
request Councilmember Vitelli, as the city's NOC representative, to
come back to Council with MAC's plan to carry out its obligations
to Mendota Heights residents as undertaken in the 2010 plan. The
MAC is going to a new Part 150 process and he would like to find
out from Councilmember Vitelli how his neighbors interests are
going to be preserved. MAC took on the obligation to insulate the
homes in the 60 contour, which would go from Rogers Lake to Dodd
Road, to Friendly Hills along Huber Drive and to Delaware. He
stated that he wants to know how that obligation will be preserved
under the new Part 150 process.
Councilmember Vitelli responded that the first question in a letter
Mr. Heide had written to him was whether MAC forwarded Mr.
Heide's two issues to the NOC, and the answer is no. He stated that
Mr. Heide addressed the MAC on April 21, and the discussion is in
the MAC meeting minutes. MAC seems to be frustrated with the
numerous inquiries and data practices requests. The have received
73 letters and 22 data practices act requests from Mr. Heide and they
have responded to them with 51 letters. He also pointed out that
MAC representative McKasy found the issues have been effectively
aired and should be laid to rest.
Mr. Heide stated that the MAC refused to give him a copy of the
meeting minutes.
Councilmember Vitelli responded that MAC Chair Hamiel stated at
the meeting that the accusations by the Rogers Lake group are
troubling and call into question the integrity of the commission.
There was a unanimous motion that the MAC staff send a letter to
the Rogers Lake committee that the MAC is currently in the process
of updating the contours and will forward the information to the
Rogers Lake committee upon completion. The MAC has reviewed
Mr. Heide's request and finds there is no merit and will take no
action on the old issues. In Mr. Heide's letter, he asked
Councilmember Vitelli (as a member of the NOC) to request an
investigation by the NOC. He stated that the NOC operates to serve
the MAC. He further stated that he is not going to make the request
because the MAC has said they are not going to take any more action
on this. He stated that he thinks that, speaking as a member of the
City Council and perhaps for the Council, that the Council is doing
Page No. 7
December 16, 2003
its best to represent the residents of Mendota Heights, and in
particular, the residents of Mendota Heights who live under the path
of Runways 121 and 12R. Just tonight, Council discussed and
adopted an agreement whereby a third parallel runway cannot
possibly be built until 2050. Secondly, the NOC has just received
preliminary projections on the number of take-offs on Runway 12L
when the north/south runway opens in 2005. Today, 21 % of all
takeoffs from MSP go off of 12L, which comes right over the Rogers
Lake area. When the north/south runway is completed, the takeoffs
over Rogers Lake will be reduced from 21% to 8.5%. Council, the
NOC and MAC are doing their best to mitigate noise over Mendota
Heights.
Mr. Heide stated that he is also requesting the investigation of Noise
Abatement Measure NA-12. NA 12 is missing from the Runway
Use System document. He asked why the measure is missing. NA-
12 was a plan to increase Runway 422 by a half mile and change the
runway use system to incrase noise over Bloomington and South
Richfield. The effect was to shrink the contour in Mendota Heights,
because they projected more noise would go over Bloomington.
Ninety homes in Mendota Heights moved out of the 65 DNL contour
and into the 60 DNL. The FAA disapproved NA -12 for purposes of
Part 150. The 60 DNL was based on NA-12 and it should be
revised. He stated that from what he can find, the MAC has not
disclosed the disapproval of NA-12. If they had made the disclosure,
they would have had to revise the 1996 map. He asked if MAC is
really responsible if they are depriving 90 homes in Mendota Heights
from noise insulation. He stated that he is asking that the NOC
investigate the issue because they are an oversight committee.
Attorney Schleck stated that Mr. Heide's letter to Council indicated
that he was going to update Council on the status of his group's case
against the MAC.
Mr. Heide responded that it is a petition for review and it has been
filed and accepted. The briefs are due on February 6. It would be
about six weeks from that date before it is heard. He stated that he
wants to call to Council's attention the MAC failure to disclose the
disapproval of NA-12 and was also going to ask Councilmember
Vitelli to have the NOC investigate that.
Mayor Huber stated that Mr. Heide has been persistent and it appears
that he is in the process of getting his day in court.
Page No. 8
December 16, 2003
Mi. Heide stated that the case is only questioning the FONSI for the
new Runway 17 departure procedure.
TOWN CENTER UPDATE Mr. Ross Feffercorn, from RMF Entities, was present to update
Council on the status of the Village at Mendota Heights (Town
Center). In January he will come to Council to discuss planning the
public improvement design. He is working with his attorney and
lender and is discussing the business subsidy agreement with the city
attorney. He hopes to begin breaking ground for the townhomes on
January 7. Also in January, he will come to Council with the plans
for the Gateway Bank. He has priced the loft condominiums and is
currently offering them for sale, and he is working on the association
documents.
Mayor Huber stated that the livable communities grant was approved
by a Metropolitan Council subcommittee yesterday and will be
before the full Council tomorrow.
Mr. Feffercorn stated that he hopes to begin construction on the loft
condominiums next spring. Before beginning construction he needs
eight to ten pre-sales, and there are five pre-sales now. He reviewed
the site plan and elevations for the bank, stating that it will be
between 5,000 and 6,000 square feet. Responding to a question from
Councilmember Vitelli, he stated that the building will be worth
about $1.5 million. He will own the real estate and lease the land to
the bank and they will own the building. That is so he can control
the design of the building and the landscaping. The lease runs for
the life of the building if the bank does not buy the land.
Councilmember Duggan asked how safe the entrance is from T.H.
110 for people who may come into the entrance quickly.
Councilmember Schneeman responded that she drives it all the time
and it is great.
Case No. 03-59, ALINE Council acknowledged an memo from Assistant Hollister regarding
continued discussion on an application from Mr. Timothy Aune for a
wetlands permit for a fence at 554 Foxwood Lane.
Mayor Huber stated that the applicant has amended his request, since
the December 2 discussion, such that the fence now will not be in the
scenic easement.
Mr. Aune reviewed photographs of where the fence will be located
and where the prior location was proposed to be.
Ayes: 5
Nays: 0
MENDOTA PLAZA PUD
Page No. 9
December 16, 2003
City Attorney Schleck stated that the new plan for moving the fence
outside of the scenic easement is sound. He would just add that he
thinks there needs to be some additional language in the approving
resolution. As he read Mr. Aune's letter, he thinks some trees have
been removed from the property and replaced, and that should be
addressed in the resolution.
Mr. Aune stated that he removed Buckthorn and dead Elm trees.
Attorney Schleck recommended that a finding be added to the
resolution to state that the previous work that was done with respect
to removal and replacement of trees, was done in the best interest of
the community and is an improvement to the scenic easement.
Councilmember Duggan moved adoption of Resolution No. 03-127,
"A RESOLUTION APPROVING A WETLANDS PERMIT FOR A
FOUR-FOOT HIGH FENCE AT 554 FOXWOOD LANE" as
amended to include the language recommended by the City Attorney.
Councilmember Schneeman seconded the motion.
Council acknowledged a memo from Assistant Hollister relative to
a request from Paster Enterprises for a minor PUD amendment and
modification to the sign criteria for the Mendota Plaza to permit
minor adjustments to the existing building for the purpose of leasing
space to a hardware store tenant. Mr. Ken Henk, from Paster
Enterprises, was present for the discussion.
Mr. Henk stated that Paster Enterprises has looked for a quality
tenant for the space at the east end of the building for four years. Mr.
Jim Solen, owner of the Grand Avenue Hardware Store, proposes to
open and manage a Do It Best hardware store in that space. Mr.
Henk stated that what he is proposing is to create an exterior
entrance for the hardware store. There will be brick pilasters to
match the other brick columns in the center. Rather than sign fascia
like the other shops, it is proposed to use stucco type material for an
overhead facscia that will project up two feet and extend three feet
out from the building to present a 3D look. He is also proposing to
revise the sip criteria to allow a client space of this size to have
larger sips.
Page No. 10
December 16, 2003
Councilmember Vitelli stated that he fully supports the proposal. He
felt the store will be an outstanding addition to the shopping center
and will be good for the community.
Councihnember Vitelli moved adoption of Resolution No. 03 -128,
"A RESOLUTION APPROVING A MINOR PUD AMENDMENT
FOR MENDOTA PLAZA."
Councilmember Schneeman seconded the motion.
Councilmember Duggan stated that when one enters the existing
doors to the atrium, there is about 72 feet of glass wall that was the
entrance to the space the hardware store will use. The proposal
would close the wall, which will make the area very dark. He asked
if it would be possible to consider three window sized displays or
something that would break up the 72 feet. He stated that he is
thrilled with the rest of the plan and feels it is an excellent addition
to the city. His major concern will be that something be done to
break up the long wall.
Mr. Henk responded that, looking at some old plans that were made
even before Mr. Paster owned the shopping center, the mall was
intended to be much larger. The hair dresser has an entrance to the
back parking lot and the dentist uses the south entrance. He stated
that Paster Enterprises is talking about leasing the mall space out and
is negotiating with another national retailer to take over that space
and the former dance studio space and eliminate the corridor.
Councilmember Duggan stated that he supports what has been
proposed.
Councilmember Krebsbach asked what the impact would be on the
shopping center in terms of future signs if Council approves this
request.
Assistant Hollister responded that what is being proposed is that the
sign criteria be modified to allow a taller signage for a tenant of this
size. There is only room for one tenant of this size, and this is a
unique circumstance. He did not think it would have any impact on
other tenants in the center.
Councilmember Krebsbach stated that this would start to change to
look of the Plaza in terms of additional peripheral signage. One of
the points for the larger sign is that it is a larger facility, but what
about peripheral signage.
C.
Page No. 11
December 16, 2003
Assistant Hollister stated that staff and the planner feel this PUD
1 amendment would be just for this tenant. There are other tenants in
the center with secondary signage.
Ayes: 4
Nays: 1 Krebsbach
Councilmember Krebsbach stated that she would be fine with the
larger sign but not the peripheral signage. Council is very sensitive
to having lighted signs on at night and, also, the signage faces the
Town Center development. She stated that she would not want to
see the peripheral signage but has no problem with the large sign.
Responding to a Council question, Mr. Henk stated that the total
signage is 300 square feet. He stated that as he drove through
Bloomington today, he noted that the national tenants had secondary
product signage.
Assistant Hollister stated that since the shopping center is a PUD, it
is not bound by the sign restrictions of the zoning ordinance.
Councilmember Vitelli stated that he does not have a problem with
the signage. Council is so picky about signage that the city will have
a hard time getting retailers. The hardware store has to put up signs
that they carry paint, etc. If Council wants there to be a hardware
store, it must have signs like what are proposed.
Councilmember Dugan stated that he would hope the lights on the
small signs would go off by 11:00 p.m. He stated that he is very
comfortable with what has been proposed.
Mr. Henk stated that the sign lights will go off automatically when
the other signs go off.
Councilmember Duggan stated that Council needs to do its best to
make retailers feel welcome but must also consider the image of the
community, which is the reason for the question about the signs.
Mr. Solen stated that all of his market studies have reinforced his
vision to come in with an upscale houseware department, upscale
lawn and garden department and upscale paint and decorating.
Those will be the major departments in the store. Many people do
not know Do It Best. He stated that his store in St. Paul was an Ace
Hardware until a month ago. He stated that he feels residents in
Mendota Heights will be proud to come to the store to shop, and he
will be sending a questionnaire to the residents to see what they
would like the store to carry. He hopes to open the store by April 1.
Page No. 12
December 16, 2003
HEADWATERS CAMPUS Council acknowledged a memo from Assistant Hollister relative to a
request from United Properties for interpretation of the "I" Zone
uses. Council also acknowledged a letter from United Properties and
a report from the City Planner. Mr. Scott Moe was present on behalf
of United Properties.
Mr. Moe stated that he believes the zoning that is in place for the
Mendota Heights Business Center fits perfectly with what is being
proposed. He stated that United Properties represents the Teachers
Retirement Fund, which owns the property. Dr. Kristofer Lund is a
renowned physician who specializes in Type 2 diabetes. Physicians
have to restrict their visits, and he would like to get back to having
time to coach in instruct people in health and well being. He is
proposing to start a wellness center. It is strictly an educational
facility and there will not be any traditional medical practices at the
facility. He stated that the building has a four to one parking ratio,
which will easily manage the parking. The turn over will be
constant, and activity at the wellness center will not stress the
parking. The traffic impact will be minimal. People will be coming
at intervals, and traffic will be significantly lower than many of the
uses in the park.
Councilmember Schneeman asked whether this will be covered by
health insurance. I
Mr. Moe responded that it is, but that the wellness center is a for
profit organization and they will be a substantial tax payer.
Councilmember Schneeman asked what else Dr. Lund is planning to
branch out into — she got that impression from the information that
was submitted.
Mr. Moe reviewed the proposal. He stated that Brown College and
Le Cordon Bleu occupy his competitor's building. Sun Country has
its flight attendant training facility and pilot training facility in a
much more industrial looking building in the industrial park. Brown
is much more of an industrial building than the Mendota Heights
Business Center. Kinkos has its material training center in the
industrial park, and that is strictly an educational facility. Cray does
a tremendous amount of training in its facility.
Councilmember Vitelli stated that he fully supports the proposal. He
understands that the allowable use in industrial zoning is for trade
schools and professional offices. Brown is not a trade school any
Page No. 13
December 16, 2003
more. He stated that he would suggest that Council add trade and
training schools to the district uses. Training is being done already.
Councilmember Duggan stated that Mr. Moe was before Council
three months ago with a similar project. He felt that use fit the
permitted uses, and this is such an important area and to find
someone willing to risk establishing a diabetes education facility is
wonderful.
Mayor Huber suggested sending the matter back to staff and have
staff come up with the appropriate way to allow the use.
Councilmember Krebsbach stated that what is proposed is somewhat
of a conference center as well. She asked whether people would be
trained to use insulin pumps.
Dr. Lund stated that he would be dealing with Type 2 diabetes, so
there would be no training on use of the pumps.
Administrator Danielson stated that as he sees it, the zoning
ordinance would be amended to include training centers in the
industrial district. That could be reviewed with the planner at his
next meeting.
Mr. Moe stated that the delay in time to amend the ordinance could
kill the proposal and that he would like to have things done sooner.
Mayor Huber stated that staff could hopefully craft language to adopt
at the next Council meeting.
Attorney Schleck responded that there would need to be a hearing
before the Planning Commission in January, with ten days published
notice. The commission would forward their recommendation to
Council at the first Council meeting in February. Another option is
that Council could waive the requirement for the matter to go to the
Planning Commission, and Council could hold a hearing at the first
meeting in January.
Councilmember Vitelli asked Council could not just consider it a
professional office.
Dr. Lund informed Council that he has many people who are
planning on joining him and he promised them that things could get
going by April 1. If the determination on the use gets delayed, he
will not meet that deadline.
Ayes: 4
Nays: 1 Krebsbach
Page No. 14
December 16, 2003
Assistant Hollister stated that if Council wants to make a declaration
that the use fits the definition of business an professional offices,
Council can do that and consider it a permitted use. Council could
also consider this like other uses it has not seen before and direct Dr.
Lund to apply for an ordinance amendment to make it a conditional
use and apply for a conditional use permit.
Attorney Schleck stated that he would want to be careful about
findings in the resolution about why Council is saying this is an
appropriate use. He stated that a resolution will be prepared for
adoption at the next meeting.
Councilmember Duggan moved to determine that the wellness center
fits the category of professional office and direct staff to prepare a
resolution supporting that determination for adoption at the next
regular meeting.
Councilmember Vitelli seconded the motion.
Councilmember Krebsbach stated that she thinks Council needs to
give full consideration of finding the use as a professional office.
Councilmember Vitelli suggested that the Planning Commission
consider changing the industrial district uses to accommodate
training. Brown College is now a college, not a trade school, and
Mr. Moe described all of the training that is going on in the
industrial park. The Planning Commission should be requested to
look at the ordinance so that it reflects what is happening in the
district.
Attorney Schleck stated that the request for the Planning
Commission to consider amending the ordinance would have no
impact on this request since Council had determined that the use fits.
"THE BLUFFS" Council acknowledged a memo from Administrator Danielson
regarding "The Bluffs" EIS scoping costs. Council also
acknowledged letters from the city attorney and from Mr. Tom
Casey.
Administrator Danielson stated that Minnstar held a meeting last
night to discuss their plan with the stake holders, and he has not
heard from Minnstar today. Since Minnstar has not submitted the
funds estimated for the city's scoping costs, he recommended that
the public scoping hearing be delayed until such time as the money is
submitted. (`
Page No. 15
December 16, 2003
Councilmember Duggan moved to follow the requirements of Rule
4410.6500, subpart 1, which states that the RGU is not required to
begin the sco in gp rocess until the project P r oser pays the
GU
the reasonable estimated costs of scoping of the environmental
impact statement.
Councilmember Schneeman seconded the motion.
Ayes: 5
Nays: 0
COMMISSION Council acknowledged a memo from Administrator Danielson
REAPPOINTMENTS regarding commissioner reappointments.
Councilmember Vitelli stated that each of the current commissioners
whose terms are expiring have asked for reappointment, and their
attendance records are good.
Councilmember Vitelli moved to reappoint Eric Hesse, Chris Dolan
and Sally Lorberbaum to three year terms on the Planning
Commission, Paul Portz and Dave Libra to three year terms on the
Parks and Recreation Commission, and Vern Edstrom and John
Roszak to three year terms on the Airport Relations Commission.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
CLOSED SESSION Council acknowledged a memo from Administrator Danielson
recommending that Council adjourn the meeting to closed session
for discussion of the Par Three litigation.
COUNCIL COMMENTS Councilmember Vitelli stated that it appears that the Metropolitan
Council will be granting the city an additional $300,000 in addition
to the $860,000 it has already granted the city for Town Center. That
is a substantial financial contribution to Town Center and a pat on
the back by the Metropolitan Council that the city is doing the right
thing.
Councilmember Schneeman stated that she and Councilmember
Krebsbach attended the opening of the St. Thomas Academy arena
and it is beautiful. There will be open skating, on Sundays she
believes.
Mayor Huber stated that he and Councilmember Duggan were new
on the Council in January, and there is a new city administrator,
police chief, finance director, prosecuting attorney and audit firm,
Page No. 16
December 16, 2003
and the city is now in the search process for a new city engineer. He
stated that Council faced some big issues this year, including lost
state aid, Pilot Knob development and the water issue. He stated that
it has been a very busy year, and he complimented staff and Council.
Councilmember Vitelli agreed, stating that through all the changes, it
almost seems that no one skipped a beat.
ADJOURN There being no further business to come before Council,
Councilmember Duggan moved that the meeting be adjourned to
closed session.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
KatMeen M. Swanson
City Clerk
ATTE
Jo
a
or