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2003-05-20 City Council minutesPage No. 1 May 20, 2003 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 20, 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 AGENDA ADOPTION Ayes: 5 Nays: 0 The City Council, audience and staff recited the Pledge of Allegiance. Councilmember Vitelli moved adoption of the revised agenda for the meeting. Councilmember Schneeman seconded the motion. APPROVAL OF MINUTES Councilmember Duggan moved approval of the amended minutes of the regular meeting held on May 6, 2003. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Duggan moved approval of the consent calendar for the meeting, revised to move items 6a, Fire Department report, 6b; Xcel Energy poles, 6e, critical area permit, 6f, Fire Code ordinance, 6g, critical area permit, and 6h, conditional use permit denial, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Authorization for $1,500 in contingency funding for the twelfth annual "Celebrate Mendota Heights Parks. b. Authorization for a letter of approval for Ziggy's Deli and Ice Cream to conduct an outdoor barbecue event on June 1 and approval for a temporary sign for ten days prior to the event, in accordance with the conditions set forth in the letter of approval. Page No. 2 May 20, 2003 c. Adoption of Resolution No. 03 -30, A RESOLUTION APPROVING A CRITICAL AREA PERMIT AND A VARIANCE FOR A HOME ADDITION AT 1755 10 i t I LOW FAW f 11j- a a. Adoption of Resolution No. 03 -31, "A RESOLUTION SUPPORTING THE COMPLETION OF THE 1996 SOUND INSULATION PROGRAM." b. Approval of the list of contractor licenses dated May 20, 2003. c. Approval of the List of Claims dated May 20, 2003 and totaling $718,606.61. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 FIRE DEPARTMENT Councilmember Duggan commented that the fire alarms REPORT in the monthly fire department report are dramatically higher than last year and asked for infonnation from staff on why they are higher. Councilmember Krebsbach moved to acknowledge the Fire Department Monthly Report for April. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 XCEL ENERGY POLES Council acknowledged a memo from Acting Administrator Danielson regarding a letter from Xcel Energy in response to a request from the city that Xcel paint the new power poles the same color as the city's water tower. Mayor Huber stated that Acting Administrator Danielson tried to contact Ms. Liz Petschel to inform her about the response but she was not available. Councilmember Duggan stated that Ms. Petschel is very concerned and feels that in areas nearby some of the poles in the cities and the neighborhoods are painted and some are not. She is asking that the ones in the neighborhoods be painted. The people in the Mendakota area agree as well as the people on Huber Drive. They are asking Page No. 3 May 20, 2003 that the poles in residential areas be painted beige or whatever color Xcel has painted other neighborhood poles in the past. Councilmember Schneeman stated that she has looked at a lot of poles and agrees with Xcel that the ones that have been painted peel start to deteriorate and look terrible after time. The ones in the Rogers Lake area are not painted and have held up well. She felt that people should look at more poles before Council makes a decision. Councilmember Vitelli stated that he accepts the advice of Xcel. It is like buying a window that is clad and then painted. They do flake and cost money to repaint and when they do that, residents in the area find flakes in their yards and the city will get complaints about that. He did not think Council should base a decision on hearsay. People should be informed and know what they area asking for before Council goes against a recommendation by the experts. Xcel pointed to the poles in the northeast area of the substation, and they are not painted. Councilmember Duggan stated that he would like to invite to a meeting the people who are nearest to the poles to ask them what they want. Councilmember Schneeman responded that the problem with that is that some people want blue poles or the color of the water tower and some want a different color. Councilmember Duggan stated that the color the residents want is the color that is used in other areas of the city. Mayor Huber stated that he was out of town over the weekend so he could not be reached, and he does not want to vote on the matter tonight. Councilmember Duggan stated that he would be agreeable to painting the poles if a lot of residents want it, but before Council can make a decision, they should decide on a single color for the poles that are to be painted. Residents are going to pick the poles they want painted and not painted, and Council should think ahead and offer the people some options. He would prefer that they be painted the same color, and Ms. Petschel suggested that they be painted a tan color. Councilmember Krebsbach agreed, stating that the color of the water tower is what was suggested. Page No. 4 May 20, 2003 Discussion on the matter was continued to the next meeting to allow Council time to consider the issue and receive public input. CASE NO. 03 -27, KNUTSON Council acknowledged an application from Mr. Bruce Knutson on behalf of Dennis and Lori Galligan for a critical area permit to allow construction of a home addition at 1845 Hunter Lane. Council also acknowledged associated staff reports. Mr. Knutson stated that he is the arclutect for the property owners. Councilmember Krebsbach asked for information on the changes and if anything will be closer to the bluff line or if anyone's views are being affected. Mr. Knutson reviewed the site plan and stated that no exterior walls will be moved and nothing is being done on the bluff side of the house. The owners would like to add a garage on the other side of the house and remove the existing garage and replace it with an addition. Responding to a question from Councilmember Duggan, Mr. Galligan stated that his neighbors are well aware of his plan. Acting City Administrator Danielson stated that he knew for sure that the Katz's knew about it because they called him and asked about it. Councilmember Krebsbach moved approval of a critical area permit to allow construction of an addition at 1845 Hunter Lane, along with authorization for the issuance of any necessary building permits, subject to compliance with all applicable codes, and authorization for refund of the $100 critical area application fee. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 FIRE CODE Council acknowledged a memo from Fire Marshal Kaiser along with a proposed ordinance to rescind the existing fire code and adopt the current state fire code. Councilmember Duggan suggested that staff include information on the new fire code in the next issue of the city newsletter. Page No. 5 May 20, 2003 Councilmember Duggan moved adoption of Ordinance NO. 380, . "AN ORDINANCE ADOPTING INTERNATIONAL FIRE CODE AND REPEALING ORDINANCE 270 AND ORDINANCE NO. 318." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03 -19, CONROY Council acknowledged a memo and proposed resolution from staff regarding an application from Mr. Pat Conroy for a conditional use permit for a shed at 952 Stratford Road. Councilmember Vitelli stated that he asked that this item be moved from the consent calendar because at the last meeting he voted against the motion to deny a conditional use permit for the shed. At that meeting, there was a tie vote and an abstention. City Attorney Schleck stated that the law in this area has been in flux recently. He reviewed recent changes the legislature has made to the 60 day rule and a new statute that has been adopted by the legislature. He stated that from this point forward, if a motion to approve fails, it is a denial. Councilmember Duggan moved adoption of Resolution No. 03 -32, "A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR A SHED AT 952 STRATFORD ROAD." Mayor Huber seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Clifford Timm asked for a Council resolution asking the DNR to put fish in Lemay Lake. He stated that he contributed $10,000 towards the fishing pier at Thompson Park in West St. Paul, and stocking of Lemay Lake by the DNR was a condition of his contribution. Lemay Lake would be a great lake for a pier some day, and if it works out that the DNR stocks the lake, perhaps Council could pursue the county creating a park there. He also asked that Council pursue dedication of land from Resurrection Cemetery for a park. Mayor Huber responded that Council does not take action on items that are not on the agenda. When new items come before Council, action is deferred to a future meeting. Staff can meet with Mr. Timm and prepare a report for Council. Page No. 6 May 20, 2003 Mr. Timm stated that after the Lemay Lake issue is considered, he would like to concentrate on north Rogers Lake. He stated that north Rogers Lake was stocked with fish in the past but die out when it freezes, because they cannot migrate to Rogers Lake. He stated that there should be a NURP to catch water before it gets into north Rogers Lake. He stated that he would be willing to spend some money on that matter and that he will see how the county stands on north Rogers Lake. He also briefly discussed the goose problem and expressed appreciation to Councilmember Schneeman for her help with the legislators. Councilmember Duggan suggested that Council send a letter to the DNR supporting stocking Lemay Lake and a letter to Resurrection Cemetery asking them to dedicate a small area of land for a park. Councilmember Schneeman stated that Council needs a lot more information about Lemay Lake before taking any action. Public Works Director Danielson stated that there is no public landing on the lake at this time. The private lots go out into the center of the lake, but the cemetery owns a lot of the lake. There is no public access. TURNERS GYMNASTICS Council acknowledged a request from Turners Gymnastics FINANCING to authorize refunding of its previously issued Industrial Revenue Bonds. Mr. Steve Fenlon, from Midwest Health Care Capital, was present on behalf of Turners Gymnastics. Mr. Fenlon stated that Turners is a non - profit corporation that has existed for many years. The city issued a bond issue for them and interest rates are down now. The outstanding balance of the original issue is $443,000 plus $9,000 in issue costs. Turners would like to amortize that over 20 years. It is a meaningful savings in interest for savings, and there is no moral, ethical or legal obligation on the city's part with respect to the debt. Councilmember Duggan moved adoption of Resolution No. 03 -33, "A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF REVENUE BONDS TO REFINANCE A COMMERCIAL FACILITY, AND AUTHORIZING A PUBLICATION OF A NOTICE OF THE HEARING (TURNERS GYMNASTICS PROJECT)." Councilmember Vitelli seconded the motion. Ayes: 5 j Nays: 0 Page No. 7 May 20, 2003 LEXINGTON HEIGHTS Council acknowledged a memo from Finance Director APARTMENTS Schabacker regarding a request from the Lexington Heights FINANCING Associates for a public hearing on restructuring of their previously issued Refunding Bonds Series 1991 A & B for the Lexington Heights Apartments. Councilmember Vitelli moved adoption of Resolution No. 03 -34, "A RESOLUTION ESTABLISHING THE DATE FOR A PUBIC HEARING ON PROPOSED AMENDMENTS TO THE FINANCING OF A PROJECT (LEXINGTON HEIGHTS APARTMENTS PROJECT), UNDER MINNESOTA STATUTES, CHAPTER 462c, AS AMENDED AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH." Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 ROGERS LAKE WATER St. Thomas Academy Environmental Studies Instructor Tony QUALITY REPORT Kinzley and members of the environmental studies class were present to inform Council on the result of the 2002 water quality study on Rogers Lake. Mr. Kinzley stated that this is the eighth year environmental studies students have studied the water quality. He introduced students Tom Kellogg, Grant Make, Ed Gadient, Chris Gerbi and Dillon Donnelly. He stated that although water quality was analyzed on several water bodies, the presentation this evening will focus on Rogers Lake only. Mr. Kellogg gave a brief introduction and informed Council that the environmental studies classes tested nineteen sites, eight of which are on Rogers Lake. Mr. Maki reviewed the Benthics testing. He stated that the water quality in 2002 was 21 versus 14 in 2001. Considerable data was taken off the dock and many improvements have been made in that area that improve the water quality. He noted that the significant difference between 2002 and 2001 could be due to the limited amount of data available this year, and that a greater emphasis should be placed on the water quality and chemical tests. Mr. Gadient reviewed the chemical testing, stating that water quality index scores of 90 to 100 are excellent. A score of 70 to 80 is good. Rogers Lake is in the high 60s in the winter and fall. Page No. 8 May 20, 2003 Mr. Gerbi reported on historical data, fecal coliform data for Rogers Lake and the overall test scores. Mr. Donnelly reviewed the spring versus fall trends and a comparison of annual data. He stated that there are only one or two areas of concern. One concern is the spring fecal colifonn level of 1409, which is extremely harmful to health. That could be due to there being more geese in the spring. Phosphates and turbidity are fine. Overall, the lake has improved since last fall. Right now it is at a 68 rating, which is almost a good level of quality even though there is high fecal coliform. Mr. Gerbi stated that geese are the main reason for the fecal coliform level. Mr. Kellogg summarized the findings, stating that the biggest problem is the fecal coliform level, and that is related to geese. The home owners around the lake could try to keep the gees out of their yards and should also pick up pet wastes. They should also use low phosphate or no phosphate fertilizers. All of the other water quality tests came out well. Council expressed their appreciation to Mr. Kinzley and the students for their study and presentation. MALT LIQUOR HEARINGS Mayor Huber opened the meeting for the purpose of a public hearing on applications from SuperAmerica for renewal of off -sale 3.2 percent malt liquor licenses for its facilities on Highway 110 and Mendota Heights Road. Council acknowledged a report and recommendation from the City Clerk. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Schneeman moved that the hearing be closed. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 Councilmember Vitelli moved to authorize the issuance of off -sale 3.2 percent malt liquor licenses to SuperAmerica for its facilities on Highway 110 and Mendota Heights Road. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Page No. 9 May 20, 2003 Mayor Huber opened the meeting for the purpose of a public hearing on an application Par 3 Golf Course for renewal of its on -sale 3.2 percent malt liquor license. Council acknowledged a report and recommendation from the City Clerk. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilmember Duggan moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to authorize the issuance of an on- sale 3.2 percent malt liquor license to Par 3 Golf Course. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03-18, RONGITSCH Council acknowledged an application from Rongitsch Properties PROPERTIES for the subdivision of 2180 South Lexington Avenue into three lots. Council also acknowledged associated staff reports. Administrative Assistant Hollister reviewed the application and the Planning Commission discussion for Council. He stated that the applicant proposes to subdivide the parcel located at the southeast corner of Lexington Avenue and Cullen into three lots. The applicant appeared before the Planning Commission twice. At the first meeting, there was much discussion about the frontage requirement in R -1 districts. The proposal was for two lots with 100 feet of frontage each and the third with 80 feet of frontage on Cullen. There was much discussion about whether the frontage on Lexington could be used to meet the frontage requirement, and the Commission determined that it could. They found that the subdivision conforms with the ordinance and recommended approval. He informed Council that staff found out this afternoon that although Mr. Rongitsch is applying for a subdivision and not building permits, it should be noted that the homes to the east of the parcel are set back 50 feet from Cullen. There is an ordinance provision about a home being closer to the street than the immediate neighbors. The owner had given the city a preliminary plat showing tentative building pads 30 feet back from Cullen. Since he is only applying to subdivide the property and not place the houses, he needs to be mindful of that rule when he proposes buildings. Also, there is an existing house on the property, and one of the proposed lot lines would bisect the house. Since this is only preliminary plat approval, Council does not need to Page No. 10 May 20, 2003 be concerned at this time, but prior to final plat approval, Mr. Rongitsch will have to remove the house. In the proposed resolution for this evening, there is a condition that the applicant execute a developer's agreement with the city, and that agreement should include demolition or removal of the existing structures. Council should also find that the preliminary plat approval does not presume approval of the locations of the future houses. Mr. Rongitsch responded to questions from Councilmember Duggan regarding existing trees. Councilmember Krebsbach stated that the plan looks good in terms of removal of the house and the size of the lots. Responding to a question from Councilmember Schneeman, Mr. Rongitsch stated that the house will actually be moved. Mr. Rongitsch stated that he showed building pads on the preliminary plat just to show the setbacks, and that he is proposing to put a house inside the squares that are shown. Councilmember Vitelli stated that his only concern is that if this is the document Council is approving, it may be wise to take off the setbacks so that Council is not implying setbacks. Perhaps the implication of where the houses would be located should be removed from the preliminary plat so that Council is not giving an impression on variances that it may be looking at later. Attorney Schleck responded that the pads should be removed. In Minnesota, preliminary plats do convey rights to people. The building setbacks should be removed. He further stated that in going through the ordinance he feels there is an adjustment that needs to be made in terms of what the actual setback should be. The ordinance specifically addresses corner lots. hl this case, the setback is reduced to one -half the depth in excess of 30 feet, so the would have to be 40 feet. Councilmember Vitelli moved adoption of Resolution No. 03 -35, "A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THREE LOTS AT 2180 LEXINGTON AVENUE SOUTH," with the condition that the building pad designations be removed and that no variances are implied by approval, that the applicant submit a park contribution for two lots, with the understanding that the applicant has stated his intent to remove the existing structure and that Council deal with that issue at the time the final plat is Page No. 11 May 20, 2003 considered, and further, that the $50 variance application fee be refunded. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CASE NO. 03 -13, BADER Council acknowledged a memo from Assistant Hollister regarding continued discussion on an application from Bader Properties for preliminary plat and variance for three lots at 1673 Delaware Avenue. Council also acknowledged a proposed resolution denying the application, a request from Mr. Bader for a continuation to June 3, and a letter from Mr. Gary Fuchs on behalf of Tom and Linda Garrett. Mayor Huber stated that no one is present for the discussion and Mr. Bader has requested that it be carried over again. He stated that if Mr. Bader was here this evening, he was going to ask him to clarify or confirm his request for the continuance. There has been a suggestion by staff that he is going to propose a different plan from what was before Council. If Mr. Bader was present this evening, he was going to recommend that Council act to deny the plan before Council and that Mr. Bader go back to the Planning Commission for the new plan, with no additional fee. Councilmember Krebsbach and Vitelli agreed. Attorney Schleck stated that he would be hesitant to insert anything into the record about what someone may have heard from Mr. Bader. He also stated that he did not know that there had been a letter requesting this extension. At the last meeting, Mr. Bader asked for an extension to tonight. Mayor Huber stated that Council has a letter asking for the matter to be carried over to June 3. Council could indicate to Mr. Bader that if he is planning to come forward with another plan, Council would likely take action to deny the current plan. Council could tell him that it is likely what will happen and at the June 3 meeting he should set his sights on a new application to the Planning Commission. He asked for the sense of the Council if Mr. Bader comes forward with a new plan at the next meeting. Page No. 12 May 20, 2003 Councilmember Duggan asked, since there are variables that Council is not aware of, does council need to supply findings of fact to deny the application tonight. Councilmember Duggan moved that Council grant the continuance to June 3 on the conditions that if a new plan comes forward, it must go to the Planning Commission first, and that if he comes to discuss the plan currently before Council, the discussion on June 3 will be on that plan. Mayor Huber recommended that staff be directed to tell Mr. Bader that if he comes back with a new plan, it would be Council's intent to deny the current plan. Councilmember Krebsbach stated that she does not think Council should state intent to deny. Mayor Huber stated that in his opinion, the motion says that if Mr. Bader comes forward with a new plan, he will be referred to the Planning Commission. Council absolutely must take action on the current plan. Council would have to deny what has been submitted and Mr. Bader would have to go to the Planning Commission with a new application. Councilmember Duggan stated that Mr. Bader could withdraw his current application. Mayor Huber responded that Council must take positive action to say that the plan is done. If Mr. Bader is just coming back with his existing plan, Council will make a decision on that plan. Councilmember Duggan restated the motion to stated to approve the request for continuance on the condition that if Mr. Bader proposes a new plan, it must go to the Planning Commission and that on June 3 Council will review and discuss and make a decision on the existing plan that has been submitted. Councilmember Krebsbach seconded the motion. Mayor Huber stated that the motion goes way beyond what is needed and that he was only looking for informal input to tell Mr. Bader that if he comes back with a new plan it has to go to the Planning Commission. Councilmember Vitelli agreed, stating that he would support the motion without any conditions. It should simply be a motion to Vote on Motion: Ayes: 2 Duggan, Krebsbach Nays: 3 Huber, Schneeman, Vitelli Ayes: 5 Nays: 0 Page No. 13 May 20, 2003 grant the continuance. Mr. Bader can call each of the Councilmembers for their individual feelings on the matter if he chooses. Councilmember Vitelli moved to grant the request for continuance to June 3. Councilmember Duggan seconded the motion. Councilmember Duggan stated that he would like to make it clear to the applicant that the continuance is on the material on hand at this time and not on new material. LANDSCAPE PONDS Council acknowledged a memo from Assistant Hollister regarding interpretation of the swimming pool ordinance in relation to pond landscape features. Staff has received an inquiry from Mr. Getz, 2453 Haverton Road, about what permits he needs in order to create an artificial pond as a landscape feature on his property. The question is whether the fence requirement of the pool ordinance should be applied to landscape features. Mayor Huber stated that a strict reading of the ordinance would be that the a fence would be required for the Getz landscaping. He stated that he would like to think that all of Council agrees it does . not need a fence. One option would be that Council look at adopting an amendment to the pool ordinance that more closely matches what the state says in its definition of a pool. He stated that what is being proposed is not a pool, but rather is a landscape feature. He asked whether Council should direct staff to not require a fence around the proposed structure. Councilmember Duggan stated that he does not believe that what Mr. Getz proposes qualifies as a swimming pool. He felt Council should direct staff to interpret it as a landscape feature. Councilmember Vitelli stated that under the ordinance, the water feature is considered a pool if it is deeper at any point than 18 inches, and that if Mr. Getz makes it seventeen and three - quarter inches deep, it would not need a fence. He stated that Mr. Getz must make sure it is no deeper than 18 inches. Page No. 14 May 20, 2003 Councilmember Vitelli moved that a fence is not required but that Mr. Getz must comply with the plan and the water feature can be no more than 18 inches deep. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 LIVABLE COMMUNITIES Council acknowledged a memo from Acting Administrator GRANT APPLICATION Danielson asking for direction to staff on whether to apply for a 2003 Livable Communities grant for the next phase of underground parking at Town Center. Councilmember Schneeman stated that she attended the Livable Communities workshop and heard that they are really looking for applications. She absolutely felt the city should apply and should also apply again next year. Responding to a Council question, Acting Administrator Danielson stated that staff would prepare the application using the application that was prepared last year. Councilmember Vitelli moved to direct staff to apply for a 2003 Livable Communities grant for the next phase of underground parking at Town Center. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 LIVABLE COMMUNITIES Council acknowledged a memo from Acting Administrator COMMITTEE Danielson regarding a letter from the Metropolitan Council encouraging Mayors and Councilmembers to apply to serve on the Livable Communities Advisory Committee. Councilmember Krebsbach moved that Councilmember Schneeman apply for appointment to the Livable Communities Advisory Committee. Councilmember Duggan seconded the motion. Councilmember Schneeman stated that although there would be a significant time commitment, she would love to apply. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Duggan stated that he would like to bring the Haggerty variance up for reconsideration. He stated that it bothers Page No. 15 May 20, 2003 him that it was said that Mr. Haggerty was being forced into a non - conforming use not of his own doing. The corner of the building is already closer to the road than the addition and there is a question on whether he really needed to come before Council for a variance. Mayor Huber responded that he does not believe Council can reconsider. There he had been informed that a member had indicated he would like to reconsider the matter, and he asked staff to research the matter. The City Clerk contacted a registered parliamentarian who responded that according to Robert's Rules of Order with respect to a motion to reconsider, that motion can only be made on the same day as action was taken on the matter to be reconsidered. He stated that the city adopted Robert's Rules of Order by ordinance many years ago. Councilmember Duggan stated that he would like to discuss whether Council must follow Robert's Rules. Mayor Huber responded that in his mind, if Council reconsiders something it needs to have new information on the issue. He stated that residents are relying on Council to make decisions, and once that happens they should be able to rely on the decision. There is a procedure Council must follow, and strict interpretation of Robert's Rules says that Council cannot make a motion to reconsider. From a procedural standpoint, he is uncomfortable with the request. He stated that if Mr. Haggerty wishes to reapply he can do that. Councilmember Krebsbach stated that there was a recent fatality accident at Highway 13/110 involving someone apparently making a left turn onto T.H. 13 from Victoria Curve. She stated that the intersection is very dangerous and asked whether there is something that can be done at that intersection. Someone who is not familiar with the intersection could feel that the signal light is not working because it takes so long to change. She suggested that the city ask MnDOT to look at the light and change the timing or another serious accident will occur. Councilmember Vitelli agreed that it should be looked at. He stated that he went through the light once after concluding that it was not working. Sergeant Anderson stated that he will notify MnDOT. Councilmember Vitelli stated that he took his grandchildren to Rogers Lake and he and the children enjoyed the fishing. He stated Page No. 16 May 20, 2003 that several people were fishing and caught a variety of fish, and that Rogers Lake is wonderful for family fishing. Mayor Huber informed Council that he will attend the D.A.R.E. graduation on May 23 at Visitation but will not be able to attend the May 30 graduation at Friendly Hills. Councihnember Schneeman stated that she will go to Friendly Hills, and Councihmember Krebsbach stated that she would attend the Visitation graduation. ADJOURN There being no further business to come before Council, Councihmember Vitelli moved that the meeting be adjourned. Councihmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:31 p.m. athleen M. Swanson City Cleric