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1996-07-16 Council minutesPage No. 1 July 16, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 16, 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 7:45 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Koch, Krebsbach and Smith. Councilmember Huber had notified the Council that he would be late, and arrived at 8:00 p.m. AGENDA ADOPTION Mayor Mertensotto stated that SuperAmerica has requested a clarification regarding the pollution control measures contained in its developers agreement. He informed the audience that so all parties understand the city's intent, he would call a recess to allow Council to meet with legal counsel. Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ACKNOWLEDGMENT OF Council acknowledged an excerpt from the minutes of the MINUTES EXCERPT regular meeting held July 2, 1996 relating to NSP. MISCELLANEOUS Mayor Mertensotto stated that at the last Council meeting, a resident made a public statement that people are using the Mendakota Park, drinking beer and making much noise after 10:00 p.m. The resident had stated that she had contacted the police and they did not respond. He informed the audience that all phone calls that are made to the police department are logged and the logs are retained, and that the City Administrator has checked to see if calls were made. Administrator Batchelder stated that there were two instances in 1996 in which the police received calls about Mendakota Park, and in both instances the police department responded to the calls. He stated that in one case the police chased away two adults who were still in the park, and in the other instance, a call about people drinking in the park, the department sent three squad cars and no one was there. Page No. 2 July 16, 1996 SLURRY SEAL BIDS Council acknowledged a memo from Engineer Mogan regarding bids for the slurry seal project. Since only one bid was received, Mayor Mertensotto asked if the bid is acceptable and if staff has checked on the contractor, who is from Wisconsin. Public Works Director Danielson responded that the bid of $43,610 is within the range of the engineer's estimate of $43,000 and that the contractor does seal coating throughout Minnesota and is a reputable contractor. Councilmember Smith stated that as a former resident of Madison, she can say that the contractor, Struck & Irwin Paving, is a large and reputable firm in Madison. Councilmember Krebsbach stated that people in the Avanti area have requested seal coating, and asked when the area was last treated. Public Works Director responded that engineering keeps specific records, which he will check, that the area is not included in this year's program but can be placed on the list for 1997. Councilmember Smith moved to accept the bid of $43,610 and award the contract for the 1996 Slurry Seal Project to Struck & Irwin Paving, Inc. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 RIGHT -OF -WAY PLAN Council acknowledged a memo from Administrator Batchelder regarding a request from the League of Minnesota Cities to fund the "Rights of Way Work Plan." Mayor Mertensotto reviewed the recent LMC bulletin regarding the Public Utilities Commission's response to the U.S. West/City of Redwood Falls lawsuit. He explained that potential problems of no city regulation of rights -of -way and the LMC proposal, giving a history of the lawsuit. He stated that the purpose of the LMC solicitation was to make sure there are sufficient funds for the League to represent the cities. Councilmember Krebsbach stated that the League has been involved in the issue for two years and she felt Council should support the request. Page No. 3 July 16, 1996 Councilmember Smith stated that the League is contributing $125,000 to the effort and is asking the cities to contribute $200,000 for development of the work plan, legal representation, working with the legislature and also outside consultants. She asked why the amount is so high if the League is doing the bulk of the work. Mayor Mertensotto asked Administrator Batchelder to follow up on the status of the PUC review of the US West petition before Council takes any action. He felt that the League's main concern is that the cities who feel really strongly should step up and give financial support. Councilmember Smith agreed that it is an issue Council cannot ignore and she would be willing to support the request but needs more information. RECESS Mayor Mertensotto called a recess at 8:03 p.m. to give Council an opportunity to meet with legal counsel and SuperAmerica/Dakota Bank representatives to clarify the pollution control requirements of Paragraphs 10 and 11 of the Site Plan and Development Agreement so that there is no misunderstanding. The meeting was reconvened at 8:57 p.m. LOGO SIGNS Council acknowledged a memo from Administrator Batchelder regarding Mn/DOT'S logo sign program and a recent complaint from a resident about the installation of a billboard on southbound I- 35E at the approach to the T.H. 110 exits. Council also acknowledged a letter of complaint from Ms. Elaine Rose- Ruderman and copies of communications between Administrator Batchelder and Minnesota Logos. Mr. Sid Ruderman, 1860 Eagle Ridge Drive, informed Council that he looked out his window one morning only to see McDonald's arches on a sign and the sign and arches are garish. He then called Administrator Batchelder to complain and ask what could be done. He stated that the Administrator has done a wonderful job in responding to the complaint but that he wonders if anything more can be done. Mayor Mertensotto informed the audience that Minnesota Logos has responded to the Administrator's letter by stating that city approval is not required for the signs because Mn/DOT has approved them. He stated that Minnesota Logos calls the signs directional signs for the traveling public, and that Administrator Batchelder has asked Page No. 4 July 16, 1996 Council for direction since Minnesota Logos' response was that it does not have to remove the signs. He felt that Council must take action to tell Minnesota Logos and Mn/DOT that the signs are not directional signs that give the simple direction of food, hospital or hotel, etc., but rather that they are billboard signs divided into sections that advertise specific businesses and Minnesota Logos sells advertising space on them. He pointed out that the signs are promoting private enterprises and are not giving direction. He stated that where the signs are does not determine whether city approval is needed and that the city regulates billboards and signage within the city and does not allow billboards on highways. He further stated that Council thinks Minnesota Logos' interpretation is not correct, that the signs are not directional signs, but are billboard signs which specifically advertise businesses. He felt that Council should direct the City Administrator to notify Minnesota Logos that the Council orders them to remove the sign, and further, that if the sign is not removed the city will consult with legal counsel to determine what action to take. Councilmember Krebsbach stated that she would like to have letters sent to the city's legislative representatives as well. Councilmember Smith stated that even if the words food or gas, etc., were added, the point is that this is paid advertising and not directional signage. Councilmember Smith moved to direct the City Administrator to respond to Minnesota Logos that Council has determined Minnesota Logos' response to be inaccurate, that the sign is a billboard advertising sign and not a directional sign and that Council orders Minnesota Logos to remove the sign because city approval was not granted for installation of the sign. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 VICTORIA CURVE TRAIL Council acknowledged a memo from Parks Project Manager Kullander regarding installation of a separated trail along Victoria Curve. Councilmember Krebsbach stated that from the ballfield to the corner of Hunter Lane there is considerable neighborhood and pedestrian traffic that end ups in both traffic lanes. She stated that the traffic now cuts from T.H. 110 onto Victoria Curve and a safer walkway must be provided. She felt that the walkway needs to be extended from the ballfield to Hunter Lane. Page No. 5 July 16, 1996 Mayor Mertensotto responded that the precedent Council would set is whether general fund money would be spent, rather than Special Park Fund money, to complete the estimated $20,000 to $25,000 project. Councilmember Krebsbach stated that she has not considered financing, as her concern has been that there were two children biking from the west recently and a car did not see them and came very close to hitting them. She stated that it is very difficult, coming around the curve, to tell which side of the street someone is walking on. She did not think it would matter which side the walkway goes one, as pedestrian and bicycle traffic is on both sides of the road now. Mayor Mertensotto suggested that Mr. Kullander look at locating the trail on the other side, and that the matter then be referred to the Parks and Recreation Commission. He felt that perhaps the trail would be less costly to construct on the south side. Councilmember Smith responded that the trail would make more sense on the north side, since people would have to cross the road many times if it were constructed on the south. Mayor Mertensotto stated that because parking is allowed on the south side but not the north, it makes more sense for the trail to be on the north, but if the trail is too costly that would be another issue. Council directed Parks Project Manager Kullander to look at the feasibility and cost of the trail and give the projections to the Parks and Recreation Commission. CASE NO. 96 -18, NSP Council acknowledged a memo from Administrator Batchelder regarding continued discussion on an application from NSP for a conditional use permit for essential services and mining and a variance for a fence higher than 6 feet with barbed wire. Council also acknowledged a memo from Assistant Hollister, NSP data from noise readings taken at the NSP site, a noise survey of the Rogers Lake Substation provided by Ms. Sharon Sarappo of NSP, and a copy of the MPCA noise pollution control rules. The following individuals were present on behalf of NSP: Mr. Pat Cline, Mr. Joe Mansur, Ms. Sharon Sarappo, Mr. Dave Callahan, and NSP legal counsel Harold Bagley. Mayor Mertensotto explained that Council had continued the discussion from the last meeting to allow the city the opportunity to Page No. 6 July 16, 1996 retain an acoustical expert. He stated that Mr. William Kroll has been retained on behalf of the city. Mr. Kroll stated that he is an engineer specializing in acoustics. He briefly reviewed his background and expertise. Mayor Mertensotto stated that one of Council's concerns is that there is a constant 24 hour a day hum out of the substation and Council gives the maximum effort to reduce that sound. Mr. Kroll stated that the PCA noise regulations relating to L10 and L50 are not applicable to this situation. He stated that the hum is not an average type noise but rather it is a humming and buzzing that stands out above the background noise. Mayor Mertensotto informed Mr. Kroll that NSP proposes to take out a transformer and not replace it. He asked if that would reduce the noise. Mr. Kroll responded that it may reduce the noise but it may add to the noise. He stated that the three transformers at the site all appear to be different - the number two transformer, at the south west corner, seems to be the loudest. He stated that if all three transformers were the same level, the human ear could not tell the difference if one were taken out. Responding to a question from Mayor Mertensotto, he stated that wind tends to break up noise but it is hard to predict. Mayor Mertensotto asked what the city could discuss with NSP to reduce the hum. Mr. Kroll responded that he has not had enough time to really investigate the situation or walk the entire site as he was just retained two days ago. He stated that noise can be shielded, and, with respect to adding a capacitor bank, some are quiet and some sing like crazy. He stated that it is impossible to tell what can be done at this point. Mayor Mertensotto informed Mr. Kroll that NSP proposes not to add anything to the steel wall to dampen the sound. He asked what the affect of the noise is coming off of steel. Mr. Kroll responded that three things happen - when the noise strikes the steel, some will bounce back and go some place else. Some of the noise will be absorbed by the steel at frequencies which could make the noise worse. He further stated that sometimes on a Page No. 7 July 16, 1996 body of water, people can be heard talking across a lake, and that can happen in this situation also. He explained that it is a matter of having a design that could be made to work and the wall could be made sound absorbent. He stated that right now, because of the depression, the noise travels up the hill. He stated that the extreme would be to build a house all around the station, but suitable walls with the right design could take care of the noise. He explained that the wall would have to be quite high to the north and west, about thirty feet tall, and it would have to be solid. He stated that the wall must be massive. He explained that noise from a source likes to travel outward, but if it is penned in it must dissipate some place, and NSP must make sure the noise goes up. Councilmember Krebsbach stated that she cannot see Council wanting a 30 foot tall wall. Mr. Kroll responded that there is a gradual slope to the north, and the wall would have to be appreciably high because of that. Councilmember Krebsbach asked Mr. Kroll's opinion on the steel wall that NSP proposes to install. Mr. Kroll responded that if the wall is a sheet pile wall with a lot of earth around it, it will not vibrate significantly or add to the noise level. Mayor Mertensotto stated that his concern was that NSP cover the wall to dampen the sound. Mr. Kroll stated that one side of the wall must be so well dampened with fill or something and it must be filled in the inside with a dampening material. Mayor Mertensotto stated that now Council can go back to NSP to tell them that Council has heard its experts statements, and NSP will likely tell Council that it meets the PCA standards, but Mr. Kroll has informed Council that the standards to not apply in this case. Mr. Callahan responded that since NSP consulted with the PCA for guidance, and the PCA indicated that its guidelines did apply to this type of noise. By way of background, Mr. Kroll stated that several months ago he was an expert witness at a widely publicized trial about church noise. He stated that he said in this case the PCA regulations are hardly applicable to a loud hum, as there is a discrete 10 dB penalty - a continuous 120 hertz hum. He stated that it is cynical to apply the PCA rules in this case. Page No. 8 July 16, 1996 Mr. Callahan asked if Mr. Kroll has any estimates on the cost of his recommendations. Mr. Kroll responded that he is not in the estimating business but could take the design to a contractor for an estimate. Mr. Callahan stated that NSP looked at walls and looked at a wall on the north side. He stated that the potential cost would be $100,000 to $200,000, and he is not sure about Mr. Kroll's statement about practically reducing the sound. Mr. Kroll responded that sound reduction can be done and has been done many times in the past, and that $100,000 to $200,000 for attenuation is a practical expectation in relation to the overall cost of the project. Mayor Mertensotto asked if Mr. Kroll has come up with any incremental sound reductions. Mr. Kroll responded that there can practically be about a 12dB reduction for 120 hertz. He stated that it is a matter of being a good i neighbor, not just meeting the PCA rules. Mr. Callahan stated that NSP has done some things to reduce the noise, removing a transformer and adding unfiltered capacitor banks which do not produce noise. He further stated that NSP proposed to extend the sound wall on the west end where the noise is greatest and to put the fill that is being removed in other areas of the site for berming. Councilmember Krebsbach asked what the excavation depth of the wall is. Mr. Callahan responded that at the northeast corner it would be 16 feet. Councilmember Krebsbach pointed out that the wall would only project 14 feet above the ground. Mr. Kroll stated that to the north, a 30 foot wall is needed. Mr. Callahan responded that people would not be looking at a 30 foot high wall to the north, but rather at a 14 foot wall and if Mr. Kroll is suggesting that 30 feet is what is needed to attenuate, that is an extremely tall wall except that if it is built on the berm it would Page No. 9 July 16, 1996 only need to be 14 feet tall. He stated that from the northeast corner of the substation to the sheet pile wall would be 16 feet, and along the east line of the substation it would taper down. Councilmember Smith stated that Council's question on July 2 was if a wall needs to be built, would steel be the best. Mr. Callahan stated that from a structural standpoint, steel was selected. Mr. Kroll asked for a clarification on which transformer is to be removed. He stated that the transformer in the southwest corner appears to be the loudest. Mr. Callahan responded that that is the transformer being removed. He stated that the middle transformer would be the closest one to the wall. Mayor Mertensotto stated that he understands that NSP has not had an opportunity to meet with Mr. Kroll. He suggested that Mr. Mr. Kroll meet with the NSP representatives and review the NSP design, so that he can give NSP his specific concerns and NSP can discuss remedial measures that may be feasible. Subsequently, Council can see if it can work out an agreement with NSP that enhances the substation site. Mr. Callahan responded that reference has been made that NSP should spend some percentage of the total project cost on sound reduction. Mayor Mertensotto stated that Mr. Callahan has stated that it was not feasible to spend so much money, and that he (the Mayor) said that if NSP were to spend $4 million for the project, $200,000 is not unreasonable for sound attenuation. Mr. Callahan responded that reference keeps being made to a $4 million project and therefore a percentage of the money should be spent for noise reduction. He stated that NSP must be concerned about rates and is regulated by the Public Utilities Commission. He stated that there are 150 substations in the metro area, and NSP tries to be fair and treat all communities in a consistent manner. He stated that NSP does not go beyond the letter of the order and has done some extra things in the Mendota Heights project with landscaping and the wall extension. He stated that NSP feels it meets the tests, and the Planning Commission agreed and recommended approval of the proposal. He further stated that NSP Page No. 10 July 16, 1996 is within the guidelines now and is willing to guarantee that the substation will be within the MPCA guidelines that the city has adopted in its ordinance, but that he would be willing to meet with Mr. Kroll. Mayor Mertensotto asked Mr. Callahan if he would be willing to meet Mr. Kroll to see if something can be done that is feasible and reasonable. Mr. Callahan stated that he would listen to Mr. Kroll's proposals and respond to them but cannot make any commitments. Councilmember Krebsbach stated that this is a major substation and an existing condition but with the sensitivity of the residents to air noise, when there is an opportunity to reduce noise, Council tries to reduce it. Mayor Mertensotto stated that NSP must look at this as long term investment and if Council can improve on the noise that is generated by the facility, it should do it now. He further stated that the city needs to be involved and someone from engineering should monitor the process. Mr. Callahan asked if the city would give up some of the landscaping if the sound is a primary issue. Mayor Mertensoto responded that if NSP is not effective in reducing noise, Council will do what needs to be done. He asked Mr. Callahan to advise city staff when he plans to meet with Mr. Kroll, and a staff representative will attend the meetings. Mr. Bagley stated that what NSP has done is apply for a conditional use to do some mining, and the only thing he has heard about is noise. Mayor Mertensotto responded that the city's residents have asked Council to do something with the constant hum. Mr. Bagley stated that the facility is an existing substation and NSP is not doing anything to the transformers. He further stated that NSP is asking for a permit to put in a capacitor that will not generate more noise and to do mining, but as a good neighbor, NSP will add landscaping and a wall to reduce noise. He stated that the existing noise is not what the improvement or permits are about, and for NSP to make a $4 million improvement that produces no noise, the City Page No. 11 July 16, 1996 is asking NSP to reduce existing noise that will remain unabated if no improvements are made to the facility. Mayor Mertensotto stated that the substation will be there for many years, and Council is asking for NSP to improve the noise situation if it is economically feasible. He explained that Council is considering an application for conditional use permit, and conditional use permits impose conditions. Mr. Bagley responded that he does not want to create any false hopes but NSP will work with Mr. Kroll. He stated that the city's performance standards for noise are the PCA standards and the PCA has reviewed the NSP readings and told NSP it is in compliance with current standards. He further stated that the PCA will do before and after testing free of charge. He stated that the city has hired a consultant for $2,500 to give consultation which NSP feels will result in $200,000 walls that NSP will not built, since NSP is required to meet the performance standards in the city's ordinance. Mayor Mertensotto stated that it is not a question of addressing standards as much as it is dealing with a nuisance. He further stated that the residents are telling Council that the noise is a nuisance, and that the noise exists all of the time. Further discussion was continued to August 6. SUPERAMERICA City Attorney Hart reviewed the revisions to Sections 10 and 11 of the SA agreement. He explained that the new language is that the city may make the final decision regarding approval of the RICAD either before or after MPCA approval. He stated that the city must get involved immediately upon receipt of the proposed RICAD, make any objections and withhold final approval until there is an approved RICAD. He stated that the city has 30 days from receipt of the proposed RICAD and must comment in that 30 day period; the city then has 60 days following receipt of the final approval and must make its final decision on approving the RICAD within 60 days, so the city has two levels of scrutiny. Mr. Jim Ellerbe, representing SuperAmerica, stated that the changes suggested by Attorney Hart are acceptable to SuperAmerica. Mayor Mertensotto stated that the revised language clarifies what has been approved in principle. Mr. Ellerbe agreed that it is just clarification. Page No. 12 July 16, 1996 Mayor Mertensotto stated that section 11 clarifies that the dollar amount is up to $50,000. Mr. Ellerbe responded that the clarification is acceptable. Mr. Jim Walston, attorney for Dakota Bank, stated that the terms discussed this evening are acceptable to the bank. Mayor Mertensotto stated that Council will put the matter on the consent calendar as far as clarifying items ten and eleven of the site plan and development agreement, and SuperAmerica/Dakota Bank can then proceed with its closing and get on with the development. CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move item k, 5-year parks capital improvement plan, to the regular agenda and to add development agreement modifications to the consent calendar, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the July 9, 1996 Parks and Recreation Commission meeting. b. Acknowledgment of the minutes of the June 25, 1996 Airport Relations Commission meeting. c. Acknowledgment of the Treasurer's monthly report for June. d. Acknowledgment of the Fire Department monthly report for June. e. Acknowledgment of the U.S. West Sibley High School antenna agreement. f. Approval of a schedule of payment for 1997 between the city and MHAA for the provision of portable BIF toilets at the St. Thomas, Visitation and St. Peter's Church ballfields. g. Adoption of Resolution No. 96-43, "A RESOLUTION AMENDIGN THE CONDITINAL UE PERMIT ALLOWING FOR A SECURITY FENCE AT MENDAKOTA COUNTRY h. Adoption of Resolution No. 96-44, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLL FOR CURLEY'S VALLEY VIEW AND Page No. 13 July 16, 1996 SURROUNDING AREAS (IMPROVEMENT NO. 93, PROJECT NO. 4)." i. Adoption of Resolution No. 96 -45, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR MENDOTA MEADOWS (IMPROVEMENT NO. 95, PROJECT NO. 1)." j. Approval of the probationary transfer of Nancy Bauer to the Engineering Secretary position and Linda Shipton to the Utility /Administration Secretary position in accordance with a memo of recommendation from the Public Works Director and City Clerk, along with authorization for staff to advertise and recruit candidates for the Receptionist position. k. Adoption of Resolution No. 96 -46, "RESOLUTION APPROVING FINAL PLAT FOR MENDOTA HEIGHTS SENIOR HOUSING ADDITION." 1. Approval of the list of contractor licenses dated July 16, 1996 and attached hereto. m. Adoption of Resolution No. 96 -47, "RESOLUTION APPROVING FINAL PLAT FOR MENDOTA HEIGHTS SENIOR HOUSING ADDITION. n. Approval of the List of Claims dated Jul 6, 1996 and totaling $1,676,928.65. o. Approval of the modification in the wording of Paragraphs 10 and 11 of the Site Plan and Development Agreement between Dakota Bank, SuperAmerica and the city. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 PARK CIP Council acknowledged a memo from Parks Project Manager Kullander regarding the proposed parks five year capital improvement program recommended by the Parks and Recreation Commission. Councilmember Smith stated that she was looking for the addition of tennis courts in the Hagstrom/King Park. She stated that when Council discussed the Kensington Park, there was discussion on tennis and the statement was made that there was room at Page No. 14 July 16, 1996 Hagstrom/King and the area was graded. She pointed out that the residents of the Kensington area felt that tennis courts would occur in a reasonable time. Public Works Director Danielson responded that Mr. Kullander had indicated to him that the tennis courts are in the program but that he forgot to add them. Administrator Batchelder stated that last year's CIP did include tennis courts at Hagstrom/King and that the tennis courts are one of the Park and Recreation Commission's priorities. He was not sure if the tennis courts were scheduled in the CIP for 1997 or 1998, but they are on the original list and will be incorporated into the plan. Referring to the Parks and Recreation Commission meeting minutes, Councilmember Smith stated that the reason for increased green space in the middle school site was because there was a drainage issue and to accommodate improved drainage control required that the soccer fields be narrowed by ten yards. She stated that the safety of the homes behind the field was the primary Council concern and the reason why the change was made. She noted that one of the Commission members indicated that he did not understand why the change was made. Councilmember Koch moved to acknowledge the Parks Five Year Capitol Improvement Plan, subject to inclusion of the Hagstrom/King tennis courts, for future Council consideration. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 COUNCIL COMMENTS Councilmember Krebsbach stated that she has been asked by a resident that there be a left turn lane going north on T.H. 110 from Delaware Avenue. She also informed staff about an erosion problem on Arbor Drive. CABLE FRANCHISE Councilmember Huber informed Council that NDC-4 and Continental Cable are getting into disagreements and the cable commission wants to get the issues resolved before there is a new operator. He stated that there will be a public hearing on July 24 on the matter and that NDC-4 must approve or deny the transfer to U.S. West. He informed Council that at the executive committee meeting last Wednesday, the committee moved to deny three variances for Continental. Mayor Mertensotto stated that Council should definitely support Councilmember Huber. He stated that he can see where if Page No. 15 July 16, 1996 Continental sells to U.S. West, U.S. West will ultimately have to divest itself of the franchise but could sit on a variance until the end of the franchise. He felt that it is a lame duck situation and U.S. West will not be concerned about the welfare of the system and might regress on the services and quality now provided by Continental. He stated that Council should go on record as directing Councihnember Huber to vote to deny the acquisition by U.S. West, which would set the stage for objecting to granting any future variances. Councilmember Huber agreed, stating that the franchise will expire in three to four years and it is important that Council be on record with its concerns. Councilmember Smith moved to authorize Councilmember Huber to notify NDC -4 that Council recommends that the transfer of the NDC -4 cable franchise be denied and that it is in the best interest of the city and the other joint powers members that the cable commission deny the transfer. Councihmember Koch seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto stated that the National League of Cities conference will be in San Antonio on December 7 -10, and stated that any interested Councilmembers must submit their reservations by August 2. Councilmember Smith stated that she received a call from a resident to the west of Sibley who was concerned about the Dakota County trail that will go along T.H. 110. The resident stated that there is significant wildlife migration across the highway and was concerned that a proposed fence that would confuse the animals and create a significant traffic hazard. Administrator Batchelder responded that the city has gone on record with Dakota County on two separate occasions about the trail and can comment again. He stated that the concern is legitimate. Councilmember Huber moved to notify Dakota County and any other involved agencies that Council does not want a fence between the pedway and the traveled portion of T.H. 110, where the trail transcends the city along T.H. 110. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Page No. 16 July 16, 1996 Councilmember Smith asked whether trails, especially in Valley Park, can be striped to keep uses separate. Public Works Director Danielson responded that striping usually is done on trails wider than eight feet. Councilmember Krebsbach suggested installing signs for single file on bicycles. Administrator Batchelder stated that staff will investigate the matter and bring it to the Parks and Recreation Commission. There was brief discussion over the timing of the traffic signal at Mendota Heights Road and Dodd Road. Administrator Batchelder updated Council on the Ivy Falls Park improvements and informed Council that the HRA has asked Council's preference for a date for the groundbreaking ceremony for the senior housing facility. It was the consensus that 3:30 on July 31 is Council's preference. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:43 o'clock P.M. ATTEST: A-14 -CC, 1-10-C7701F - Charles E. Mertensotto Mayor Kathleen M. Swanson, City Clerk