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1996-01-02 Council minutesPage No. 1 January 2, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 2, 1996 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Koch, Krebsbach and Huber and Smith. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the October 17, 1995 regular meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Koch CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move item f., Ivy Falls Creek Outlot, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Adoption of Resolution No. 96 -01, "RESOLUTION ESTABLISHING 1996 CITY DEPOSITORIES OF FUNDS." b. Adoption of Resolution No. 96 -02, "RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 1996." c. Adoption of Resolution No. 96 -03, "RESOLUTION REVOKING MUNICIPAL STATE AID HIGHWAYS," and Resolution No. 96 -04, "RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS." d. Approval to issue a building permit to Paster Enterprises for construction of a rear entry door and vestibule at the Snyder Drug Store and restaurant at the Mendota Plaza. Ayes: 5 Nays: 0 IVY FALLS CREEK OUTLOTS Page No. 2 January 2, 1996 e. Adoption of the model Drug and Alcohol Testing Policy, to be revised were appropriate with the City of Mendota Heights inserted as employer. f. Authorization for final payment to Dr. John DuBois in the amount of $1,480.29 for consulting engineering services in conjunction with the Pentel litigation. g. Approval of the appointment of Patrick Hollister as Administrative Intern beginning on January 15, 1996 for a period of six months, at the pay rate of $11.00 per hour. h. Acknowledgment of the building activity report for December. i. Approval of the issuance of cigarette licenses to Mendota Liquor, Snyder Drug Store #42, S.O.S. Convenient Mart, Somerset Country Club, Tempco Manufacturing and Twin Cities Stores, Inc. /Oasis Market. j. Approval of the List of Licenses dated January 2, 1996 and attached hereto. k. Approval of the List of Claims dated January 2, 1996 and totaling $291,581.47. 1. Acknowledgment of the unapproved minutes of the December 6, 1995 meeting and the approved minutes of the November 15, 1995 NDC -4 special meeting. Councilmember Koch seconded the motion. Council acknowledged a memo from Public Works Director Danielson regarding transfer of ownership of Outlots A, B, & C, Ivy Falls 2nd Addition from the Ivy Falls Homeowners' Association to the city. Councilmember Smith state that she would like to establish why this is a unique situation, to accept a deed for primarily drainage purposes. She felt that Council should be very specific as to why it would accept the deed in this case. She stated that she understands that the city has a very large easement over the Burrow farm and it is not clear the city would accept a deed for that, and there are many other areas in the city where the city has easements. She further stated that she would not like to set a precedent for accepting land that has a primary purpose for drainage reasons, but this Page No. 3 January 2, 1996 case is different because it is a dominant use and because it is owned by a consortium of home owners. She stated that individual home owners have very little control over the use of the land in its present setting. She pointed out that the way the land is currently owned and the way it has progressed to a larger use for drainage over the years makes it different. She stated that in this particular case, she does not have a particular objection to accepting the deed, but wants to make sure this is a unique situation and Council would not open itself to a barrage of requests from the owners of property over which drainage easements exist. Mayor Mertensotto stated that one of the concerns Council has had was that townhome residents might think that if the city owned the property it would be patrolled and controlled on call by the Police Department, and that the property could be somewhat of an attractive. nuisance. He further stated that the problem the homeowners' association has is that they assess the members annually about $10 for insurance and taxes, but the big problem now is the liability insurance which will increase considerably because of creek improvements. He explained that the Board wants to get out from underneath the liability insurance. He pointed out that the city would not take any more land than it needs and the association is saying it is going to grant title to the city as part of the drainage system. Councilmember Smith asked whether the city necessarily wants to accept all of the outlots. Public Works Director Danielson responded that all of them slope down to the creek and the slopes are very steep. Councilmember Smith wanted to be sure that the city is not giving up rights under the proposal, including rights within the city easements which must be included in the deed and also she wanted to be sure that the city reserves those easements under the quit claim deed. City Attorney Hart stated that the deed can be subject to reservation of the easements. He further stated that the language on use is extremely broad. Mayor Mertensotto stated that the city does not want to put in trailways or walkways. Councilmember Krebsbach asked to what extent the Council should consider precedent. Mayor Mertensotto responded that lawsuits were just settled and defended in order to get the drainage project completed, and stated that he does not see a problem with accepting the property. Page No. 4 January 2, 1996 Councilmember Smith stated that the idea is that the city is agreeing in good faith to the deed based on current conditions and information available now, but if something came up that required Council to do something that is prohibited but deemed prudent, Council would work with the association to reach agreement. She stated that if the city does something without the consent of the association, the association would have a choice to make. She further stated that the point is that she cannot think of a situation that would be outside of what the city is agreeing to but if, because the city would like to do something or deemed something prudent, like putting up a fence, then the association would have the choice of taking the property back or agreeing to what the city proposes to do. Council directed Public Works Director Danielson to review the deed and existing easements to be sure the city is not giving up any easements. Council further directed Attorney Hart to contact the association's legal counsel to rework the deed. PEACE HOUSE Council acknowledged a memo from Interim Administrator Batchelder regarding a request from Peace House that the city set aside $10,000 in 1996 CDBG funding to support the Peace House. Council also acknowledged a letter and information regarding the Peace House from its founders, Mr. & Mrs. Francis Shaw. Mr. & Mrs. Shaw were present for the discussion. Mr. Shaw stated that he is asking Council's support for the Peach House, which is a facility proposed to be constructed in Dakota County for men and women suffering from AIDS. He reviewed the materials he had submitted and stated that the City of Burnsville has agreed to give $30,000 from its CDBG funds to support the founding of Peace House. He quoted from a letter from Lee Smith of the HRA, regarding expenditures of CDBG funds for low and moderate income housing. He explained that this is a one time request and that he will not come back to ask for more money, but that he is asking the Dakota County communities to respond with love. Mayor Mertensotto stated that he can see why the Shaws are asking for CDBG funds rather that trying to solicit funding by asking for a levy. He stated that Lee Smith possibly was not aware that some cities have already committed their funds like Mendota Heights has. He informed the Shaws that the city has committed CDBG funds for five years to acquire sufficient funding for land for a senior housing project of 40 units, and over and above that, for an additional 25 units as a pilot program for market rate rental units. Page No. 5 January 2, 1996 Mr. Shaw responded that most of the cities have similar projects, and part of the Peace House program is to try to get a little funding from each community on a one time basis. He explained that it is very difficult for a grass roots foundation to get funding. Mayor Mertensotto asked about private industry, and noted that there will be a Peace House staff and about a $500,000 operating budget. Mr. Shaw responded that the budget includes land and building, and it is very important for grass roots organizations to get community support. He stated that to get funding from major foundations locally and nationally, it is important to get community support. He informed Council that Mendota Heights is the second community he has appeared before - Burnsville was the first. Responding to a question from Mayor Mertensotto, he stated that Peace House is being started by private individuals not connected with an organization that is branching out. Mayor Mertensotto stated that Council is fully aware of what is going on in the world and until research is done to find a cure for the AIDS virus, it will continue. He stated that the Peace House is a very worthy cause but the city has already committed its CDBG allocation and does not have money available. Councilmember Smith stated that Council is in a difficult time with the existing project because this is the final year of the project. She stated that it appears that the land acquisition costs could e very close to what has been committed and this in the final year of commitment to the project, but it is also the year that the project will come to fruition. She informed Mr. Shaw that until the city's costs for the project are known, it would be very hard to divert any CDBG funds. Responding to a question from Mayor Mertensotto about what support has been given by Dakota County Social Services, Mr. Shaw stated that he has submitted a letter of support from them and they are supporting Peach House through word of mouth. He stated that there will be a formal contract with Social Services after Peace House is up and running, and that he has looked at all areas of possible funding from Dakota County but the only one available is CDBG. Mayor Mertensotto asked if the county is willing to commit tax payer funds rather than CDBG funds. Mr. Shaw responded that it is not, but CDBG guidelines specify that funding can be used for people with AIDS. Page No. 6 January 2, 1996 Councilmember Koch asked if there is a possibility that the city can consider the request again after it is known how much of the city's CDBG allocation is left after the senior housing commitment. Mayor Mertensotto responded that Council could take the request under advisement and Mr. Shaw can come back after he has appeared before the other communities. He stated that he would also like to see Peace House get some private funding and get its classification from the IRS. Councilmember Koch asked what the financing will be next year after Peace House has start up money. Mr. Shaw responded that Peace House will get reimbursement from the county through Medicare, etc., similar to nursing home costs. Councilmember Smith asked what some of the other sources of funding are. Mr. Shaw responded that funding will be from private organizations and fund raising events. Mrs. Barbara Shaw stated that the AIDS statistics given to Council do not reflect that there are three Mendota Heights residents currently living with HIV and AIDS. She stated that she really appreciates that Councilmember Koch invited them to return to Council. She informed Council that one of the Peace House missions is education, and that Peace House just received a donation from St. Thomas Becket congregation in Eagan. Responding to a question from Councilmember Huber regarding existing facilities, she stated that facilities which offer the same services are Hope House in Stillwater, Florida House in Minneapolis, Samaritan House in Minneapolis, and one that the Franciscans will open this spring in St. Paul. Mayor Mertensotto stated that Council will look at where CDBG funding stands after the senior project is completed. He stated that the planning applications will be considered by the Planning Commission in January. Interim Administrator Batchelder stated that the HRA is currently in the process of wrapping up acquisition, and public improvements are also eligible for CDBG, and Council will have a better idea of what city costs will be some time in the spring. He informed the Shaws that Council will take a look at the CDBG needs and perhaps some money will be available for Peace House. Interim Administrator Batchelder informed Council that the HRA has indicated that the city can amend its application later this year for 1996. ACTING MAYOR Ayes: 5 Nays: 0 Page No. 7 January 2, 1996 Mayor Mertensotto expressed Council's appreciation to the Shaws for coming and sharing information on the project and extended Council's best wishes for success. Councilmember Smith asked the timing for Peace House. Mr. Shaw responded that he would like to be ready to start operating by November of 1996, and that he is working with the Alina Health system foundation and it is possible that good funding will be received from the foundation. He stated that funding is needed by late August or September to build a new structure. He stated that building new is less costly than renovating an existing structure, and informed Council that Peace House is only allowed to take care of four people at one time under foster care. He stated that the average stay is three months each, and it is not just the people who have AIDS but also for their families and friends as well. Mayor Mertensotto nominated Councilmember Smith to continue to serve as Acting Mayor for 1996. Councilmember Huber moved to appoint Councilmember Smith as Acting Mayor for 1996. Councilmember Koch seconded the motion. OFFICIAL NEWSPAPER Council acknowledged a memo from the City Clerk regarding appointment of an Official Newspaper for 1996. Councilmember Koch moved to designate the Southwest Review as the City's Official Newspaper for 1996. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 DAKOTA COUNTY Council acknowledged a memo from Interim Administrator Batchelder LEAGUE POLICIES the Dakota County League of Government's proposed legislative policies. Mayor Mertensotto stated that he is somewhat concerned that the city is a member of the AMM and LMC and both have legislative policies. He stated that if he were a legislator he would be concerned about where all of the organizations are coming from. He wondered what coordination there is between the organizations. Interim Administrator Batchelder responded that the Dakota County League is an ad hoc group of elected officials in Dakota County who have Page No. 8 January 2, 1996 taken over the annual Dakota County Administrators' breakfast meetings. He stated that the group meets once a year to present Dakota County specific policies to the legislators. Mayor Mertensotto asked if there is an attempt to get some sanctioning and represent the consensus of all the governments in the county. He stated that the city makes annual contributions to the LMC and they have legislative staff and lobbyists to convey the thoughts of the cities to the legislature. He pointed out that the League also gives the cities weekly updates on legislative actions. Councilmember Koch stated that she understands that the Dakota County League is a forum for city and county officials and anyone of the Council could be on the committees. She further stated that she receives communications each year asking if she wishes to sign up for a committee and that she has attended the breakfasts in the past. Councilmember Smith felt that the legislative proposals seem more focused and would concentrate on Dakota County legislative representatives. Mayor Mertensotto stated that it is a volunteer organization that started out with administrators and managers meeting together. He pointed out that it is not a sanctioned organization. Councilmember Krebsbach stated that she has no issue with the group but as groups such as this emerge it is important to know who all step forward as representing Dakota County. She stated that Council should look at where it wants to focus its attention, and if the Dakota County League is speaking for Dakota County communities they are speaking for Mendota Heights whether Council wants them to or not. She asked that an analysis be made of the various groups to see how they align with Mendota Heights positions. Councilmember Smith responded that part of the analysis should be whether Mendota Heights is actually represented or if it should be aligned with a different group. Councilmember Krebsbach expressed concern that the city is losing its voice and the larger cities in Dakota County are speaking for Mendota Heights. Mayor Mertensotto stated that the transportation policy recommends developing funding options for I -35E over the river by increasing the metro area sales tax and a five cent indexed gas tax increase, or an increase Page No. 9 January 2, 1996 in the metro area tax plus extension of the sales tax to gasoline, and both of the proposals are legislative funding matters which are funding issues all of a sudden coming in as a transportation policy. Councilmember Krebsbach pointed out that Council opposed the proposal for sales tax on gasoline in last year's AMM policies. Interim Administrator Batchelder stated that the League of Cities and AMM are organizations the city belongs to and pays fees to and they have a formal process of committees developing draft policies followed by a business meeting in the fall to discuss and vote on the following year's policies. The Dakota County group is not as formal, and it its letter to Senator Neuville, they describe themselves and who they consist of and their reasons for forming. He stated that the matter is on this evening's agenda because the group has come up with draft policies and this is Council's opportunity to comment. He stated that the Dakota County League does not have a formal policy adoption meeting, and that their letter and proposed policies were received late in December with notice that there would be a meeting in late January. They asked for comments by December 29, but Council does not have to take a stance on the policies. Mayor Mertensotto asked if the city is paying a fee and if it is a member. Interim Administrator Batchelder responded that the city is not a member and he did not believe there is a membership fee. He stated that invitations to the January 5 Dakota County League meeting were distributed with a recent Friday News. He informed Council that when the group was started in 1993, they asked if they city wanted to participate and his recollection was that Council declined. Mayor Mertensotto and Councilmember Krebsbach felt that the organization should show its membership on its letterhead. Councilmember Krebsbach asked by what authority the organization speaks as the Dakota County governments, particularly if there is no membership listed on the letterhead. Mayor Mertensotto asked by whose authority the group calls itself the Dakota County League of Governments. He was concerned that someone will come along in the fixture and say Mendota Heights did not object to the proposed policies. Councilmember Huber stated that whether Council takes a stand on the issues or not, it should sent a letter to the city's legislative representatives Page No. 10 January 2, 1996 that Mendota Heights is not a member and will continue to contact them regarding issues that affect Mendota Heights. He stated that in this way Council will know that its positions on issues is being made clear to the city's representatives. Councilmember Koch stated that it might be a good idea to follow Councilmember Huber's recommendation. She stated that when she attended the meeting two years ago, it was more of a situation where everyone just talked to each other. She felt that it would be appropriate to send a letter to Commissioner Bataglia (Dakota County League of Government's President), stating Council's concerns on these types of organizations and that the Council does not always agree. Councilmember Krebsbach felt that this is a group gaining strength and Council should pay attention to it. It was suggested that the city communicate to the League that Mendota Heights is not a member and the League does not represent the city's views. Councilmember Smith stated that it would be implied that the city is a member and if Council does not respond to the League, it must take the 1 time to respond to the city's legislatures and take a stand on the issues. Councilmember Huber stated that Council could send a letter to the legislators with respect to the issues Council disagrees with. He stated that Council does not know if the League is going to pass the policy recommendations this time, so it may be better to wait until action has been taken and then notify the representatives. Councilmember Smith felt that Council should take its own position on issues, not agreeing or disagreeing with the Dakota County League's issues. She asked who selected the four policy categories and whether they are particular to Dakota County at this time. Interim Administrator Batchelder responded that the policies in the document were policies where the City Administrators' group was asked to come up with a list of issues they thought would be current for the coming legislative session and those issues that they thought would not be divisive. He explained that each individual City Administrator that had raised a potential coming issue was asked to draft a policy and the notice was sent to each of the cities in Dakota County, and a meeting was scheduled for January 5. Page No. 11 January 2, 1996 Councilmember Smith asked if it can be inferred by silence that the airport is not an issue. Interim Administrator Batchelder responded that there is an unwritten agreement that the cities cannot agree on airport issues, therefore there will not be a policy. Councilmember Krebsbach stated that she would like to have an inventory of groups that are coming forth as representing Dakota County and then decide which of them Council would like to participate in. Mayor Mertensotto responded that the city does not know how many umbrella groups there are and that there have always been meetings between elected officials in Dakota County and elected legislators, but never under a banner such as the Dakota County League of Governments. Councilmember Huber suggested that Council take a stand and respond to the group but tell them that what the organization should do is include in its letterhead which cities are active members. Mayor Mertensotto pointed out that the policies are draft policies and Council does not know the extent to which they will change. Councilmember Huber felt that as a minimum Council should send a letter saying that the group's name is misleading and their letterhead should show who the group represents. Mayor Mertensotto stated that he would not support either option one or two to provide added funding as a solution to I -35E problems but would support the stance against the livable wage act as it would be a real disadvantage to new businesses. Councilmember Krebsbach stated that she does not know that the city should be put in a position to take a position on all of the issues and further that she did not know that every issues must come before a city council. She stated that because some group has decided on four issues does not mean the Council should take a stand on them, although individual Council members can certainly take a stand. Mayor Mertensotto stated that the only time the City Council should take a stand is when it directly affects city business, otherwise they become general political matters. He asked Interim Administrator Batchelder to find out which legislators will be attending the meeting and send a copy of the letter (which will be sent to the Dakota County League) to them. Page No. 12 January 2, 1996 Councilmember Smith stated that she feels the ethics issue directly affects council members and the livable wage act could affect the city because it could dictate what wages businesses must pay in the community. Interim Administrator Batchelder stated that he does not think the organization is asking Council to take absolute positions this evening, but rather the information was presented in the agenda as an invitation to the meeting and to allow Council the opportunity to express its views on the proposed policies. He stated that the intent of the breakfast meeting is to provide an open forum for Dakota County elected officials to meet with there legislators, although action may be taken on the proposed issues. Councilmember Smith responded that the legislators will be influenced by what they hear at the meeting. Mayor Mertensotto stated that by default Mendota Heights is being thrown into it. Councilmember Huber suggested sending a letter to Commissioner Bataglia as President to: 1) express appreciation for the opportunity to give input even though the city is not an active member, but based on the name selected for the group, the letter should define the membership. He stated that Council can either make no comment on the issues or comment on some of them. Councilmember Koch stated that the breakfast meeting is this Friday morning. She felt that Interim Administrator Batchelder should call Commissioner Bataglia and express how Council feels, let her know of Council's concerns and inform her that although Council is not taking any type of stand it would like to be informed on what happens. Councilmember Krebsbach stated that the Council members are elected representatives and if they are going to take a stand on the issues, they should have some input from constituents. Staff was directed to fax a letter to Commissioner Bataglia, followed -up by a phone call, expressing: 1.) Council's concern over the name identification of the organization, which implies that all municipalities in Dakota County are members of the League; 2.) that Mendota Heights is not a member and Council declines to take a position on the four issues that will be under consideration on January 5; 3.) that Council would like to know what positions are taken on the issues on January 5 and which legislators were present; and, 4.) Council's recommendation that the official letterhead of the organization list each member city so that everyone knows which communities are represented. Page No. 13 January 2, 1996 BLOCK GRANT Council acknowledged and discussed a memo from Interim Administrator Batchelder regarding the city's 1996 Community Development Block Grant funds. It was the consensus to direct Interim Administrator Batchelder to contact the HRA for appropriate language changes. Councilmember Smith felt that the grant proposal should reflect 65 units of elderly housing but state that only 40 of the units will be subsidized. She also stated that she would like to make sure that the project will be done without compromising traffic patterns and that sufficient area is left to extend South Plaza Drive or reroute traffic through the area in the future. Public Works Director Danielson responded that staff has instructed the HRA engineers to design a street that has a curve such that the street could be extended over T.H. 110 at some future time. He further stated that at the last discussion on the senior housing facility, city engineering was directed to do the engineering for the project. Mayor Mertensotto directed staff to let the HRA know that this is a vital concern and that the HRA should make sure it has acquired sufficient property and at the right location. Councilmember Smith asked whether the city should ask for right -of -way. Public Works Director Danielson responded that the HRA is going to plat public access and will dedicate the portion that is part of the facility. He stated that he will contact Mn/DOT about the land north of the facility. He further stated that when staff does the feasibility report they will address the matter and work with Mn /DOT on an agreement. Mayor Mertensotto stated that the right -of -way should be shown on the drawings. Councilmember Koch moved adoption of Resolution No. 96 -05, "RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1996 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING," with revisions. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Staff was directed to ask Kari Gill when the HRA will know what the project costs will be. Page No. 14 January 2, 1996 COUNCIL Council acknowledged a memo from the City Clerk recommending COMPENSATION increases in compensation for the Mayor and Councilmembers. Mayor Mertensotto stated that Council has not even considered adjusting compensation since 1986 and the city has now grown to the size and amount of work where there are many more outside meetings that Council should or must attend on behalf of the city. Additionally, he stated that just the amount of time that must be spent keeping up with the reading Council must do has grown considerably. He pointed out that while serving on the Council is a community service, Council should not take the position year after year that there should be no compensation increase. He informed the audience that it is recommendation be increased from $2,400 to $3,600 per year for Councilmembers and from $3,600 to $4,800 for the Mayor. He explained that no increases can be effective until January 1, 1997. Councilmember Smith stated that increasing compensation is a difficult subject and the fact that the Council has not had an increase for 10 years or even addressed the subject speaks to the fact that the primary reason for being on the Council is not to make money. She noted that the recommendation represents about a 4% increase over the last 10 years, but by increasing the compensation in one step rather than annually Council has saved the city approximately $30,000. Councilmember Krebsbach stated that if residents object to an increase, there is certainly much time before the increases would be proposed in the 1997 budget. She felt Council is satisfied with its compensation but at some point some City Council must address the issue. Councilmember Huber stated that he cannot support so large an increase and that his concern is that salary increases should not be based the fact perhaps that some other Council should have taken action. It was pointed out that the Mayor and Council members do not receive reimbursement for mileage or expenses. Councilmember Krebsbach stated that she is certainly willing to table the matter to the next meeting so that residents have the opportunity to call City Hall or the Council members and express any objections they may have. Further discussion was tabled to January 16. AIRPORT DEPARTURE Council acknowledged a memo from Interim Administrator Batchelder Page No. 15 January 2, 1996 PROCEDURES regarding crossing procedures during non - simultaneous departure periods at MSP. Council also acknowledged the minutes of the November 17, 1995 MASAC Operations Committee meeting, the City of Eagan's proposed tower order language, and a Noise Analysis for Redistribution of Non - Simultaneous Flight Tracks on Runway 11L (Eagan- Mendota Heights Corridor Revised Procedures) prepared by Howard Needles Tammen for the MAC. Mayor Mertensotto reviewed the Commission's recommendation that Proposal #1 in the Howard Needles report be implemented. Mayor Mertensotto suggested that staff the City of Eagan that Council politely turns down Eagan's recommendation and state that Council is going to ask MAC to proceed with the proposal that has been evaluated. He stated that the point is that while Eagan says that aircraft over flights affect 50% of its residents, the fact is that they are not noise impacted. He stated that since Eagan is only five to seven miles from the airport there will certainly be planes flying over it. It was the consensus to direct Interim Administrator Batchelder to send a letter to Eagan's Assistant Administrator Hohenstein to advise him that the matter was discussed and that the City Council supports Proposal #1 in the Howard Needles report. It was further directed that Interim Administrator Batchelder submit the response to the MASAC Operations Committee at its January 17 meeting. ADJOURN There being no further business to come before Council, Councilmember Krebsbach moved that the meeting be adjourned to closed session for discussion of pending litigation. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor Asphalt Contractor License Asphalt Driveway Co. J.W. Asphalt Construction Masonry Contractor License D & S Cement Co., Inc.y Garvey Construction, Inc. Johnny Masonry, Inc. *4 Kelleher Construction,.xInc. Poured Foundations, Inc. Simon Bros. Cement Co. Viking Concrete & Masonry, Inc. Charles Zwinger Excavating Contractor License Andretta Brothers Carl Bolander & Sons Co. Bollig & Sons Inc. Carlson Sewer Co., Inc. Danner Landscaping & Sales Fogerty Excavating, Inc. Kuper Excavating Co. LeRoux Excavating, Inc. Specialized Turf, Inc. Sun Excavating, Inc. Weierke Trenching & Excavating Gas Piping-Contractor License Air Conditioning Associates, Inc. Area Mechanical, Inc. A. Binder & Son, Inc. Boehm's Inc. Burnsville Heating & A/C Inc. Egan Mechanical Contractors, Inc. Erickson Plumbing, Heating, Cooling Inc. Fireplace Specialist Genz-Ryan Plumbing & Heating Co. Harris Contracting Co. Hinding Heating, Air & Elec., Inc. J & H Gas Services Inc. Kleve Heating & A/C, Inc. LaFond Plumbing, Inc. Western Steel Erection, Inc. D3Zjmall Contractor License Berg Drywall, Inc. Custom Drywall, Inc. Donald Goodroad Drywall K & P Drywall Pro Drywall, Inc. Zimmerman Stucco & Plaster, Inc. Charles Zwinger, Inc. Sion Contractor License Nordquist Sign Company Suburban Lighting, Inc. Rubbish Hauler Contractor License Aagard Environmental Services Action Disposal System, Inc./BFI Highland Sanitation & Recycling Krupenny & Sons Disposal Service, Inc. Waste Management - Savage Landscape/Tree Service Contractor License Blaeser Landscape Design & Construction