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1993-11-02 Council minutesPage No. 3801 November 2, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 2, 1993 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 Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the October 19, 1993 regular meeting as amended. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for the meeting, revised to moved items 5d, Deer Control Program, and 5g, McDonald's footing /foundation request, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement monthly report for October. b. Acknowledgment of the minutes of the October 26 Planning Commission meeting. c. Acknowledgment of the ANOMS Report for September. d. Approval of a Community Landfill Abatement Special Assistance Joint Powers and Grant Agreement between the city and Dakota Council, along with authorization for its execution by the Mayor and City Clerk. Page No. 3802 November 2, 1993 e. Adoption of Resolution No. 93 -71, "RESOLUTION RELATING TO PARKING RESTRICTIONS ON PILOT KNOB ROAD FROM MENDOTA HEIGHTS ROAD TO TRUNK HIGHWAY 13." f. Adoption of Resolution No. 93 -72, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWER IMPROVEMENTS TO SERVE THE BIEL, KENNEDY AND KANE PROPERTIES (IMPROVEMENT NO. 93, PROJECT NO. 3). g. Approval of the list of contractor licenses dated November 2, 1993 and attached hereto. h. Approval of the list of claims dated November 2, 1993 and totaling $311,054.82. i. Authorization for the Police Department to issue a purchase order to Apple Computer, under the state contract, for $7,573.60 for two computers, a scanner and upgrade kits. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 DEER CONTROL Council acknowledged a memo from Administrator Lawell regarding a request from the DNR for approval of the 1993 -94 Deer Control Program. Councilmember Krebsbach stated that future recommendations for the program not include Halloween weekend as one of the hunting weekends. She also asked that the DNR be asked to inform hunters that they are restricted from hunting in Mendota Heights outside of the boundaries of the Fort Snelling State Park. She informed Council of an incident last year involving someone firing a gun on Resurrection Cemetery property towards the Valley View Oaks area. She further stated that she is concerned about people wandering into the park and that she has been told that the DNR will be monitoring the park to keep people out during the hunt. Mr. John Parker, DNR Wildlife Manager, responded that the DNR makes it very clear that hunting may occur only in the Fort Snelling State Park and the refuge. He informed Council that every access point to Page No. 3803 November 2, 1993 the park is posted that the area is closed to the public during the days of the hunt. Additionally, six officers will patrol the area during the hunt and Chief Delmont has stated that he feels the DNR precautions are adequate. With respect to the shooting incident, Mr. Parker responded that there was no hunt last year so the incident could not have been related. He stated that he will bring the request for Halloween week -end restriction before the DNR. After discussion, Councilmember Huber moved adoption of Resolution No. 93 -70, "A RESOLUTION APPROVING THE 1993 -94 ALTERNATIVE DEER CONTROL PROGRAM AS RECOMMENDED BY THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND ADOPTING SPECIFIC PROGRAM REGULATIONS FOR DEER CONTROL ACTIVITIES WITHIN THE CITY." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 MCDONALD'S Council acknowledged a memo from Assistant Batchelder relative to a request from McDonald's Restaurant for issuance of a footing and foundation permit for a free- standing 120 square foot cashier /face to face booth. Councilmember Krebsbach expressed concern over safety and stated that she would like McDonald's to supply statistics. She explained that it is her understanding that Fotomark and other free- standing facilities are more susceptible to robbery, etc. Public Works Director Danielson responded that he has spoken to the McDonald's representatives about the safety issues and was informed that the facility will only be opened during peak operations and will be monitored by video cameras. He stated that McDonald's representatives informed him that they have not had any problems with this type of facility. He pointed out that the request is only for a footing and foundation permit and that McDonald's is aware that a conditional permit will be required for the facility. Councilmember Krebsbach stated that she would like to be supplied with safety statistics Page No. 3804 November 2, 1993 when the matter comes before Council for conditional use permit review. Councilmember Krebsbach moved approval of the issuance of a footing and foundation permit to McDonald's Restaurant for addition of a cashier's/Face to Face Booth at its facility on Dodd Road, subject to the applicant acknowledging in writing that the building permit for the addition requires conditional use permit approval. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 HEARING: FRIENDLY HILLS Mayor Mertensotto opened the meeting STREET IMPROVEMENTS for the purpose of a continued public hearing on proposed street reconstruction in the Friendly Hills Additions. council acknowledged a report from Assistant Engineer Eckles, a report from the Police Chief regarding a traffic survey recently completed on Decorah Lane, a petition from Decorah Lane property owners opposing the complete reconstruction project on Decorah, and a neighborhood petition from residents who do not support the reconstruction project. Council also acknowledged letters from the following property owners: Mr. & Mrs. David Wilkie, 739 Cheyenne Lane, in favor of just an overlay project; David Epstein, in favor of the complete reconstruction project; Mr. & Mrs. Fred Lambrecht, 2182 Aztec, in favor of the complete reconstruction project; Mr. Henry Vogt, 784 Creek Avenue, in favor of complete reconstruction; Mr. & Mrs. David Janecky, 720 Pontiac Place, in favor the reconstruction project; Mr. & Mrs. Alvin Bohne, 711 Decorah Lane, opposing Decorah Lane improvements; Mr. & Mrs. William Lew, 726 Decorah Lane, opposing Decorah Lane improvements; James Helling & Molly Leger, 749 Cheyenne Lane, in opposition to the proposed improvements; Mr. & Mrs. Robert Skolnik, 720 Decorah Lane, in opposition to any Decorah Lane improvements; Mr. & Mrs. Gerald Hoye, 729 Navajo Lane, in favor of the complete reconstruction project; Bernard Friel, 750 Mohican; in support of the complete reconstruction project; Mr. & Mrs. Lloyd Julson, 746 Keokuk Lane, in support of complete reconstruction; Mr. & Mrs. David Halvorson, in support of complete reconstruction; Mr. & Mrs. George Buttleman, Page No. 3805 November 2, 1993 730 Navajo Lane, in support of complete reconstruction; Mr. J.W. Burke, 707 Decorah Lane, in support of complete reconstruction; Ms. Maureen Kucera, 733 Decorah Lane, in support of the complete reconstruction project; Mr. & Mrs. Richard Kruse, 766 Mohican Lane, in opposition to curb and gutter; Don Anderson and Bette Oberg, 2143 Aztec Lane, in opposition to improvements; Mr. & Mrs. R.E. Swenson, 779 Creek, opposed to the project; Mr. & Mrs. Lars Hesbjerg, 749 Decorah Lane, in support of the total reconstruction and expressing concern over traffic speeds and safety on Decorah; and Mr. & Mrs. Elwood Lastine, 2336 Apache, opposing the reconstruction project. Assistant Engineer Eckles reviewed the proposed project and the street reconstruction/rehabili- tation project for the audience. He explained two possible alternates, a reconstruction project to construct the streets to MSA standards with curb and gutter and storm sewer, and a street rehabilitation project which would consist of a simple overlay of the streets. He informed the audience that if the reconstruction project is ordered, the city's infrastructure replacement fund and state nimininni etata aid fund-, would be used to assist in the cost, resulting in a proposed assessment of $3,750 per lot. The assessment would be levied over a 19 year period. He stated that there would be no financial assistance for the overlay project, and the proposed assessment of $1,500 per lot would be assessed over a 10 year period. Responding to safety issues raised at the September meeting, he then reviewed the results of a Police Department traffic survey conducted on Decorah Lane. With respect to storm sewer problems in the First Addition, and the impact of Mendakota Park drainage, he explained that an 8" culvert controls the flow of surface water coming across Dodd Road from the park, and the water could be picked up by the storm sewer if it is installed as part of the project. He stated that if a full project, including curb and gutter and storm sewer, is done, the surface water drainage problem in the First Addition would be resolved. Mr. Eckles stated that at the September hearing, residents had asked if it would be possible to just upgrade Decorah and Pontiac. He explained that there Page No. 3806 November 2, 1993 are two possible ways to upgrade Decorah, one method would be to construct it to MSA standards which would include a 38 foot width, including two parking lanes; the other method would be a 32 foot width including one parking lane and a two foot reacting zone. He informed the audience that the problem with the second alternate is that parking would only be allowed on one side of the street. Mayor Mertensotto stated that a letter from one resident indicated that many homes in Friendly Hills use sump pumps. He asked whether storm sewer would have any impact on the need for sump pumps. Mr. Eckles responded that having storm sewer available would certainly help. He explained that if residents are experiencing a large volume of basement water they could hook their sump pumps directly into the storm sewer. He also stated that if residents will make staff aware of the areas where basement water problems are being experienced, it would be possible to install a perforated pipe to relieve the problem. Mayor Mertensotto asked if the originally proposed assessment of $3,750 per lot for the complete project would be reduced if Decorah is constructed to a 32 foot width. Mr. Eckles responded that there may be a slight difference but if the project is cut back by 20%, the MSA contribution will be reduced by an equal percentage. Mayor Mertensotto asked for questions and comments from the audience. A woman in the audience asked whether trails will be provided on Decorah and how Decorah will be treated where it meets the park. Mr. Eckles responded that the original concept included trails but it is not possible to install a trail along Decorah because of existing trees - it may be possible, however, to stripe the the parking lane, which would improve pedestrian safety. With respect to the park, he stated that the section of Decorah along the park is currently 33 feet wide, and if Decorah is widened to 38 feet, the roadway along the park will likely be left at 33 feet. He explained the section of Page No. 3807 November 2, 1993 Decorah along the park is not included within the project area. Councilmember Krebsbach asked if the Decorah property owners would pay more than $3,750 if only Pontiac and Decorah were upgraded. Mr. Eckles responded that the proposed assessment would not be increased. Councilmember Huber asked if it would be possible under the 32 foot width design, to reduce the width of Decorah at intersections via "bump-outs" across the parking lane in order to reduce speeds. Mr. Eckles responded that he did not believe such a design would be approved by MSA. Mr. John Maczko stated that the design suggested by Councilmember Huber is called "bump-outs", and is used in several locations in St. Paul. Councilmember Huber asked if the realignment of Decorah and Wagon Wheel at their intersections with Dodd is required by MSA. Engineer Eckles responded that it is not recommended by MSA but is required by staff for safety reasons. Mayor Mertensotto stated that a question asked of him by many people has been whether the city would correct the situations where water is running off into basements. He stated that Council would certainly want to correct the problems, controlling the water currently coming from the streets. Engineer Eckles responded that addressing individual problems makes a project very expensive, and this is part of the rationale behind the subsidy provisions of the rehabilitation/reconstruction policy. Responding to a question from Councilmember Smith regarding boulevard trees, Engineer Eckles stated that disruption will be minimized as much as possible. He stated that many of the trees along Decorah are 8 to 1011 in diameter and those would probably not be damaged; larger trees which have set down a deep root structure will be affected, but the number of trees damaged would be low because most are on the property lines. Page No. 3808 November 2, 1993 Mr. Kenneth Radke, 2106 Aztec Lane, stated that water drains from the park under the highway, down Hokah and Aztec and down Creek from the highway, and also from South Plaza Drive and off of the bank property across his property - his sump pump runs constantly. He stated that he is in favor of doing a total reconstruction project. A woman in the audience asked if staff can find out for sure that utility companies will not decide to put meters outside in the future and have to dig into the streets after they are improved. Engineer Eckles stated that he will contact the utilities. With respect to the realignment of Wagon Wheel and Decorah at Dodd, Mayor Mertensotto stated that Wagon Wheel really only serves the area between Dodd and Lexington. He asked why the alignment should be changed. Engineer Eckles responded that while there is little traffic that crosses Dodd, when cars are coming from Wagon Wheel to go north on Dodd they can get wrapped up with cars turning south on Dodd from Decorah. Councilmember Krebsbach asked what the project will do to resolve the problem of water running through a trough by the old fire station site to Hokah. She also asked if the Radke problem can be resolved, since much of the source of the problem is outside of the project. Engineer Eckles responded that under the reconstruction project, curb and gutter would be in place and the water will be taken care of when it gets to the street. He stated that staff will specifically look at the design issue in this area if the project is approved. With respect to the Radke question, he stated that if the project is approved, staff would have to analyze the pipe currently in place to see how it works and probably either install more pick ups or add parallel pipe. He stated that staff would also look into the possibility of adding a pick up on the bank side of the Friendly Hills back yards. Councilmember Krebsbach stated that she had been asked by a property owner if the improvement would increase property taxes. Page No. 3809 November 2, 1993 Treasurer Shaughnessy responded that the County Assessor does not increase property values for tax purposes because of street improvements, but that values may increase in the future if sale prices are increased because of market conditions. Mr. Tom Weinzettel lot and asked what have on his lot if or eight inches. curb will be where will be higher. stated that he has a flat affect the project will the roadbed is cut down six He asked if the top of the his yard is now or if it Engineer Eckles responded that normally a street has a six inch crown so that the center of the road is the same height as the top of the curb. He stated that the curb will be about 4 inches higher than the existing street surface at the boulevard and that in areas where the yards are very flat, the street will be dropped down. He informed the audience that the contractor will take care of corrections to yards as part of the project. Mr. Weinzettel stated that no information has been given on what the cost per capita is for maintaining the existing streets versus the two construction options. Engineer Eckles responded that staff has not looked at maintenance as an option because it is a matter of diminishing return. Mayor Mertensotto stated that he does not think that maintenance is a viable option and that the streets need reconstruction. He informed the audience that he had requested and received statistics from the county on home sales in Friendly Hills from February, 1992 to July, 1993. Responding to an audience question, Mayor Mertensotto stated that responses, including letters and petitions, have been received from about 60 property owners since the September hearing. Mr. James Losleben, 815 Hazel Court, stated that his area is not included in the project but that his neighborhood is interested in an overlay. He also asked if something could be done to reduce the elevation at Keokuk and Pagel Road, and if it would be possible to Page No. 3810 November 2, 1993 build a bus loop and install a bus shelter at the intersection because it is highly used as a school bus and public bus stop. Mayor Mertensotto asked Public Works Director Danielson to contact Mn/DOT regarding the requested loop. A gentleman in the audience stated that he is in favor of the overlay project and that he believes the majority of the property owners like the country-style streets. Mayor Mertensotto responded that Council must make its decision based on what is reasonable and needed. Ms. Kay Lambrecht, 2182 Aztec Lane stated that she considers the full reconstruction proposal to be a wonderful opportunity for Friendly Hills, especially since the city will participate in the funding, and that in either project alternate the residents will be assessed. She felt that rather than half a job, the full project should be done now to make the whole neighborhood look nice. She felt that the complete project would keep property values up. She further stated that her neighbors also support the complete project although they are not present to speak. Ms. Lambrecht stated that she also likes the country aura of the neighborhood and that she does not feel curb and gutter would change that aura. Mr. Ralph Myhrman, 736 Navajo, stated that every comment made against the project was also said 20 years ago, when it would have cost $1,250 for his lot. He further stated that the bad thing about the project at that time was that the assessment was based on the size of the lot and too few people would have had to pay too much of the cost. He stated that this is the first time he has ever been in a position where the city would contribute $424,000 to the project. He informed Council that the water runs down Keokuk and Apache, etc., down Navajo Lane, and at one time this summer there was five feet of water on Navajo. He stated that although he is the only resident from Navajo Lane present, the people he has talked to on Navajo all are in favor of the complete project. Page No. 3811 November 2, 1993 Mrs. Sorenson, 751 Keokuk, stated that she moved to Friendly Hills because of its country feeling, with no curb and gutter and no street lights. She stated she opposes the full project but is not opposed to an overlay. Mayor Mertensotto responded that there are things that must be done to keep property values up and that since there is no storm sewer system, water is running above ground and is not controlled. Mr. Don Anderson, 2143 Aztec Lane, objected to the project and suggested that Council do a survey of the community. Mr. Mike Coonan, 2237 Apache, stated that he grew up in Friendly Hills and bought a house there. He stated that his biggest issue is the safety of children, and that bicycles cannot go over a curb easily, whereas now they can go into yards to avoid cars. He also stated that Council must look at the money issue, since there are many Friendly Hills residents who are on fixed incomes. Mr. John Maczko, 751 Cheyenne Lane, stated that he is in favor of the full project and has talked with many Friendly Hills residents who also favor the full project. He further stated that many of the things that have been said are good but that the issue is more than aesthetics. He stated that tomorrow he will be pounding stakes in his yard to keep the snow plows off his lawn and that he has drainage problems that storm sewer will help alleviate. He informed Council that he has not carried a petition for the full project around Friendly Hills because that the value of the curbs will not add as much value to his property as it will cost. He stated that he would like to see some of the state money come back to Mendota Heights. He felt that full reconstruction is a good project and that the neighborhood will benefit from it, and that he would like to see if there is some way to reduce the contribution of individual residents so that Friendly Hills would pay the same as anyone else in the city would pay. Mr. Lars Hesbjerg, 749 Decorah Lane, stated that he is in favor of the complete project and expressed concern that something must be done about traffic. Page No. 3812 November 2, 1993 Mrs. Rosemary Ruud, 649 Decorah, stated that there is a pocket area in Bloomington which does not have storm sewer because they opposed it. She asked if this can be done in Friendly Hills and stated that she is opposed to reconstruction as are many other people. Mayor Mertensotto responded that in the sense of community spirit, all properties in a neighborhood must participate in resolving storm drainage problems of others in the neighborhood. Mr. Craig Byer, 2219 Apache, asked if any other type of curb has been considered. Mayor Mertensotto reviewed the different types of curbing and stated that surmountable curbs are not satisfactory and only concrete curb is installed in city projects. Ms. Lois Parsons, 2332 Apache, stated that it appears that Council is advocating the reconstruction project. Mayor Mertensotto responded that while he knows that many in the audience object to full reconstruction, he feels very strongly that Council must look at the total development of 240 homes. He stated that there is no guarantee that if an overlay project is approved a storm sewer project will not be needed in the future, when it would be much more costly. A woman in the audience stated that the flavor of the last meeting was that people thought reconstruction would not happen. She felt that there would be many more residents present tonight to object if they had felt that the Council preferred reconstruction. A gentleman stated that if a campaign were mounted he could possibly get 200 signatures opposing total reconstruction. Mayor Mertensotto responded that one part of Council's decision must be what the neighborhood wants but the other is what is needed and best for the neighborhood and not how many people would sign a petition opposing reconstruction. Ayes: 5 Nays: 0 Page No. 3813 November 2, 1993 Councilmember Krebsbach stated that Council should take responsibility for the decision so that the Friendly Hills community does not end up being divided. She further stated that while she does not necessarily feel that curb and gutter is more attractive, she is concerned about the drainage problems and that she would need to know that the water problem can be alleviated if a simple overlay is done. She felt that the streets need to be improved because they are a real detraction to the neighborhood, and stated that the city must take responsibility to alleviate the drainage problem and if curb and gutter is the only way to solve the problem, she would support it. A woman in the audience stated that she does not feel the neighborhood should vote on the issue, as this would pit neighbor against neighbor. Councilmember Koch pointed out that one property owner filed a letter strongly in favor of reconstruction and the same name appears on a petition against the project. Responding to an audience question, Mayor Mertensotto stated that a decision on the project will be made this month and that Council must make a decision soon so that staff can make work-load plans. He pointed out that there are other neighborhoods which are interested in street improvements. Mr. George Wiener, 2145 if the drainage problem not corrected, curb and good. There being no further Councilmember Krebsbach be closed. Fox Place, stated that from the highway is gutter will do no questions or comments, moved that the hearing Councilmember Huber seconded the motion. Councilmember Krebsbach stated that she would like additional information on how many home owners are experiencing water problems. Mayor Mertensotto agreed, stating that Council must know if there are water problems that people specifically want addressed. Councilmember Huber stated that 11 or 12 of the 17 letters submitted to the city were in Page No. 3814 November 2, 1993 favor of reconstruction and the others opposed it. Council also received a petition with about 60 signatures against the reconstruction. He stated that he would like to have seen those who favor the project be more organized so that Council would have more information. He further stated that unfortunately, most of what Council has heard from the neighbors is that they tend to be against reconstruction, and he would have a difficult time voting for full reconstruction based on the responses received. He stated that in September it sounded like the issue was aesthetics and this evening there was much more discussion about the drainage issue, so tonight he tends to be somewhat more in favor of the project than he was in September because of the water problems. Councilmember Smith stated that while she tends to favor the reconstruction, she has heard the people who like the neighborhood the way it is, without curb and gutter. She stated that the water problems were not discussed in September because the city was not entirely aware of it, and that she would hope that resolution of the drainage problems would be one of the primary objectives of a reconstruction project. She informed the audience that she is still undecided on the project because she does not know how much weight to give each of the factors. She stated that if a reconstruction project were done, people would not be driving over the lawns and there would be no lawn damage from snow plows. She felt that possibly a 38 foot width on Decorah would be too wide, whereas 33 feet with curb and gutter would include one lane of parking and perhaps could be striped to accommodate walking as well. She stated that she would like to hear more about the drainage issue, and pointed out that drainage is a community wide problem and everyone is responsible for it - the question is whether this project will solve the problems. Councilmember Koch stated that she would like to see more information on whether curb and gutter is the only way to solve the water problem, and suggested that perhaps the problems should be looked at on an individual basis. She stated that there are many names on the petition, and this speaks for itself, and that those in favor of reconstruction need Page No. 3815 November 2, 1993 to come forward. She pointed out that the signature on the opposition petition and letter of support from the same individual is confusing. Mayor Mertensotto stated that he does not want to see people dividing the neighborhood by getting more petitions, but that residents can certainly send their comments to Council before the next meeting. He stated that Council would like to know more specifics about water problems, and that drainage problems must be addressed now, not after the streets are improved. He informed the audience that the matter will be placed on the November 16 Council agenda. NDC-4 JOINT POWERS Council acknowledged a memo from Administrator Lawell and proposed resolution to approve amendment of the NDC-4 Joint Powers Agreement. NDC-4 attorney Mike Sokol was present for the discussion. Mayor Mertensotto stated that the language in Article XI, Section 2, which requires members to give notice by June 1, 1999 of intent to withdraw effective on March 7, 2000, is inconsistent with the language in Articles IX, Section 1 and XI, Section 1 which state that no part of the agreement is intended to bind a member municipality beyond March 7, 2000. Mr. Sokol responded that the current joint powers agreement allows any of the cities to withdraw at any time upon giving notice by June 1 of the year before they intend to withdraw. He explained that the NDC-4 recently participated with its non-profit corporation in the purchase of facilities and the language with respect to not allowing members to withdraw before March 7, 2000 was included in the agreement at the insistence of West St. Paul to ensure funding for the building. He stated that once the franchise expires in the year 2000, any city, by giving notice on or before June 1, 1999 could withdraw, effective at the end of the franchise. He explained that it is unlikely that the smaller cities would want to contract with a different cable service, but the likelihood of a larger city doing so is much greater. He stated that only if a city did not give notice by June 1, 1999 would it be bound to the franchise. Page No. 3816 November 2, 1993 Councilmember Smith stated that she believes the intent was to say simply that cities cannot withdraw before the year 2000 but can withdraw thereafter. Councilmember Huber stated that if a city wants to withdraw on March 7, 2000, all they must do is give notice by the prior June 1. He did not think there is a conflict because all Section 2 does is put all cities on notice that they must give the commission notice so that it can continue to operate in a business like manner. He pointed out that the commission must negotiate for a new franchise at least three years before the franchise ends, and he feels it is very reasonable to request the cities to simply give adequate notice that they plan to withdraw. He pointed out that a new contract could not be negotiated and then have some of the cities pull out on March 7, 2000. Councilmember Smith stated that if Mayor Mertensotto finds that the language is conflicting, she would suggest that it would be appropriate to change the provisions of Section 9 to state that no city can withdraw before March 7, 2000 but can withdraw thereafter in accordance with the provisions of Section XI. Mr. Sokol stated that he does not disagree with the proposed language, but Council has had the opportunity to respond to the draft for two months and this is the first time the matter was raised. He stated that South St. Paul and Inver Grove Heights have already approved the agreement, and West St. Paul has stated that it will withdraw on June 1 unless the agreement is enacted. He stated that because of timing the agreement must be adopted as written and suggested that problems with it be addressed later. Mayor Mertensotto stated that the agreement will never be amended, and the primary problem is that the commission could bind a member city in a renewal franchise without the city knowing the terms and conditions of that franchise. Mr. Sokol responded that there is no attempt being made to deceive any city and that that Page No. 3817 November 2, 1993 language is in the agreement at the request of West St. paul. Councilmember Huber stated that the way he reads the contract is that there is nothing that binds the cities beyond March 7, 2000 if they give notice - another way of fixing the problem is to delete the language stating that nothing in the agreement binds a member. He stated that he does not know how a new franchise can be negotiated unless the group negotiates as a whole for an agreement they are all in. Mayor Mertensotto stated that the first statement is that cities are not bound and then there is a statement that if a member does not give notice it is automatically in the franchise - therefore they are bound. Councilmember Krebsbach stated that the October 15 draft of the agreement provides that no part of the agreement is intended to bind a city beyond the end of the existing franchise, which she felt implies that the agreement is only binding until the year 2000. Councilmember Smith stated that knowing the intent, perhaps the language does not say what is meant - the intent is to be able to continue the agreement beyond the year 2000. Councilmember Krebsbach asked if West St. paul would agree with some clarifying language that it is not intended to bind members beyond the year 2000. City Attorney Hart stated that there may be a procedural issue but apparently the real question is what is the intent of West St. Paul in putting the language in the agreement. He suggested simply adding a clause that the agreement is not intended to bind a member beyond the end of the franchise if such the member city withdraws pursuant to Section 2, Article 11. He stated that if this is done as a friendly amendment to the agreement there should be no problem. Mr. Sokol responded that he could go to the cities of South St. Paul and Inver Grove to ask them to approve the friendly amendment. He stated that it is his understand that the intent of West St. Paul in including the Page No. 3818 November 2, 1993 language is that it wants to have the freedom at the end of the current franchise to negotiate separately with a calbe provider and perhaps enter into its own franchise agreement. Councilmember Smith stated that she would like clarification on the distribution of assets. She stated that the existing agreement provides that a withdrawing member forfeits its claim to any assets of the commission, and she would support the agreement based on the interpretation that since there is no language expressly granting rights, only current members have rights to the commission assets and those that withdraw have no right to any portion of the assets. Attorney Sokol stated that there is no provision in the draft agreement for withdrawing members to get anything. He explained that the reason for the deletion was not to create the inference that a withdrawing member would get anything, but to protect against withdrawal before March 7, 2000. City Attorney Hart stated that under contract law construction parties to an agreement only have those rights expressly granted within the agreement. Councilmember Smith stated that she would vote in favor of the amendment based on the opinion given by the City Attorney. Councilmember Huber moved adoption of Resolution No. 93-73, "A RESOLUTION APPROVING THE AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION," subject to a friendly amendment to the agreement to be prepared by the City Attorney with respect to Article 9, Section 1 and Article 11, Section 1 as discussed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 93-24, ZONING Council acknowledged a report from Public ORDINANCE AMENDMENT - Works Director Danielson regarding proposed ACCESSORY STRUCTURES revisions to the Zoning ordinance language with respect to garages. Page No. 3819 November 2, 1993 Administrative Assistant Batchelder reviewed the proposed amendments and responded to Council questions. Councilmember Krebsbach stated that when she was first appointed to the Planning Commission, she assumed that the city did not allow detached garages with new home construction. She suggested that ordinance language be changed to require that all garages constructed with new homes must be attached. Councilmember Koch expressed concern that the ordinance is getting too restrictive, and asked if the amendment is really needed. Councilmember Krebsbach stated that she feels that detached garages will become . more of an issue as the city experiences more requests for lot splits. There was discussion over whether garages of 145 square feet should be allowed. Councilmember Smith did not feel that the amendment would be too restrictive and asked whether buildings should be allowed between 145 and 1000 square feet by conditional use permit. Administrator Lawell stated that there are two questions: does Council want to require conditional use permits, and does it want to allow structures up to 1000 square feet by conditional use. Mayor Mertensotto stated that he feels conditional use permits are needed where an existing garage is being closed off and a new garage is requested. Councilmember Smith stated that Council must provide some guidelines for staff in its review of requests for conditional use permits. Administrator Lawell stated that a request could be as simple as someone who has a one car garage and wants to expand it into a two car garage by adding 145 square feet or someone who wants to build a 1000 square foot garage - everyone would be treated the same under the amendment. Page No. 3820 November 2, 1993 Councilmember Krebsbach stated that the construction of a detached garage could change the character of a neighborhood, and the conditional use process gives the neighborhood a chance to react to a proposal. Assistant Batchelder stated that the current proposal says that a conditional use permit is required. Another option would be to set strict minimum and maximum sizes and then people would have to get variances for sizes which do not meet those standards. After discussion, the matter was referred to staff for further review and revision. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:55 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor November 2 1993 Concrete License VanNorman Concrete Inc. Excavating License Imperial Developers, Inc. General Contractors License Crawford Doors NCS Communications Superior Roofing Inc. Gas Piping License Mike Larson Plumbing Rose Plumbing Twin City Mechanical HVAC License Twin-City Mechanical