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1993-04-06 Council minutesPage No. 3569 April 6, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 6, 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 and Krebsbach. Councilmember Smith had notified Council that she would be late. RECOGNITION Mayor Mertensotto informed Council and the audience that he has received notice that Mendota Heights resident Brenda Stahl will soon receive the Girl Scouts Gold Star Award, which is the highest award which can be received. He stated that he has asked Administrative Assistant Batchelder to present her with a plaque from the city at the ceremony at which she receives the award. SCHOOL DISTRICT Independent School District 197 Acting REFERENDUM Superintendent Dr. Jack Loss and Business Manager Lois Rockney were present to inform Council and the audience on the district's $33,690,000 bond referendum scheduled for May 18th. Dr. Loss stated that funds from the referendum are planned to be used for construction of a new middle school at the Henry Sibley High School site, for technology advancement, science area expansion, fire and health safety improvements to meet state requirements (including sprinkling systems and Americans With Disabilities Act requirements), maintenance of school district buildings, provision of equal athletic opportunities, and maintenance of the athletic fields at the Butler Avenue site. Ms. Rockney explained one of the desires is to centralize district services. She reviewed drawings of the proposed middle school, which would be located south of the existing high school. With respect to the Grass Middle School, she stated that the swimming pool will Page No. 3570 April 6, 1993 1 be retained and the district will work with the City of West St. Paul on a joint powers agreement for its use. The existing red gym area would be remodeled and retained as a sports /school community center. The ballfields will be retained, the tennis courts will be upgraded, and a picnic area will be developed. Mayor Mertensotto stated that about $20 million of the referendum would be used for the middle school facility, which he felt would not be too controversial. He asked if the remaining $13 million is to be used for community education and recreation. Ms. Rockney responded that fire safety and handicapped access improvements to the elementary schools will cost $2,250,000, $4.2 million would be used for fire safety and ADA requirements for the high school, additional athletic programs for girls, and an additional girls' locker room; $4.1 million for technology upgrades; $2 million to upgrade the Grass facility to a community center; and for better communications systems, a centralized school district administration area. Meeting space for senior citizen would be provided at the new middle school. She informed Council that it is very important that the district's constituency be fully informed on the referendum. For this purpose, six public hearings will be held and a newsletter will be distributed. Mayor Mertensotto asked for questions and comments from the audience. Mr. Tom Smith stated that while he has no children in the school system, he would be prepared to support the issue because the problems at the Grass facility are common knowledge. He further stated, however, that he will not vote in favor of the referendum because about 400 of the funds would be used for maintenance and upgrading which should have been funded by the district's regular budget over the past years, and for upgrading of the Grass facilities as a recreation center which would be used by and for the people of West St. Paul and will have very little use by anyone else in the district. He asked whether the justifiable objective of a new middle school is being compromised by loading the Page No. 3571 April 6, 1993 referendum with an extra 40% in costs which cannot be justified. He felt that the referendum is fiscally irresponsible as it is planned and will not pass. Dr. Loss responded that it is important to recognize that the district is responsible for taking a look at all of the properties it owns. He invited Mr. Smith and the district residents to attend the public hearings, and stated that Mr. Smith's questions and other questions will be addressed in detail at the hearings. He explained that $2 million of the referendum has been set aside for the redevelopment of the Grass site, which had originally been given to the school district by the City of West St. Paul. He stated if the referendum is successful, the Grass facilities will not be remodeled until a satisfactory joint powers agreement is reached. If agreement cannot be reached, the $2 million would be used to reduce the debts or would be transferred to another part of the project. With respect to the question of why referendum funds should be used for building maintenance, he stated that most of the buildings are approaching 25 to 35 years of age. While certain capital funds are available for general on-going maintenance, they are not sufficient for major maintenance such as re-roofing, plumbing and heating repairs, ADA and fire safety requirements, and the district has no place to turn for these major overhauls. Councilmember Krebsbach asked if the senior citizens center will provide services to Mendota Heights residents as well as West St. Paul residents. Ms. Rockney responded that the original thought was to relocate a seniors facility to the senior high school site for all seniors in the district but after meeting with a variety of seniors, it was determined that the vast majority who participate are in the West St. Paul area. She further stated that the district is continuing to look at facilities at the Sibley site as well and that there will be space available for Mendota Heights seniors in the new middle school. Councilmember Krebsbach asked if there is a movement in the education community to provide Page No. 3572 April 6, 1993 human services and if the district plans to provide human services counseling. Ms. Rockney responded that there is not but that the district will have an extensive early intervention program and early childhood program and space would be available in the grade schools in case the county requires the district to provide human services. Councilmember Krebsbach stated that she presumes the city will provide police and fire services to the expanded Sibley facility and asked if the district will pay any fee to offset increased city public safety costs. Administrator Lawell stated that the city would like more information and that there have been no studies on case loads which could be expected from the middle school. He also stated that he anticipates that the fire prevention program would be extended to the middle school. Ms. Rockney stated that with respect to the question on maintenance, the district is limited in the funds it can get from tax payers for capital expenditures. The current limit is $200 per enrolled student, which must support all capital purchases including desks, computers, maintenance equipment, etc. The district must ask for funding through the referendum because with the increased drain for technology and textbooks, there is not enough funding available for maintenance. She pointed out that the district has not had a major bond issue for buildings for 22 years. Mayor Mertensotto asked about the district excess levy authority. Ms. Rockney responded that excess levy referendums can only fund educational programs and can provide for teachers and classroom supplies but not for capital expenditures. If the bond issue fails, there would have to be an excess levy ($1.5 million annual levy for three years) to finance fire and life safety and ADA requirements. Mayor Mertensotto expressed Council's appreciation to Dr. Loss and Ms. Rockney for their presentation and pointed out to the audience that Council will not take a position on the referendum. Page No. 3573 April 6, 1993 AGENDA ADOPTION Councilmember Koch moved adoption of the agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the March 30, 1993 Council workshop. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move items 5d, f and h to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the March 23rd Planning Commission meeting. b. Acknowledgment of the code enforcement monthly report for March. c. Acknowledgment of the minutes of the February NDC -4 meeting. d. Acknowledgment and approval of a letter to be submitted to Mn /DOT regarding review of the Wetland Impact and Mitigation Program for the Mendota Interchange project. e. Approval of the permanent appointment of Linda Shipton as Receptionist and advancement to Step C, Grade I of the city's salary matrix, effective May 5, 1993. f. Adoption of Resolution No. 93 -21, "A RESOLUTION SUPPORTING EFFORTS OF THE CITY OF EAGAN TO DEVELOP TRAILWAY CONNECTIONS INTO THE MINNESOTA RIVER VALLEY TRAILS SYSTEM." g. Approval of the list of contractor licenses dated April 6, 1993 and attached hereto. Page No. 3574 April 6, 1993 k. Approval of the list of claims dated April 6, 1993 and totalling $226,145.46. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 MALT BEVERAGE LICENSES Councilmember Krebsbach moved to authorize the issuance of an off -sale 3.2 malt beverage license to Tom Thumb Food Markets and an on- sale 3.2 malt beverage license to Par 3 Golf, Inc. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 ARBOR DAY Council acknowledged a memo and proposed Arbor Month proclamation prepared by Administrative Assistant Batchelder. Mayor Mertensotto read the proposed proclamation for the audience. Councilmember Krebsbach felt that the proclamation should be revised to include local preservation as well as planting of trees. Councilmember Huber moved adoption of a "PROCLAMATION ACKNOWLEDGING MAY AS ARBOR MONTH," revised to include preservation. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CASE NO. 93 -04, Mr. Kevin Snyder, manager of Sign Art, was SIGN ART present to request approval of a permit for a 69 square foot monument sign and a 10 foot front yard setback variance. He explained that he would like to place the sign 20 feet from the property line to keep it out of the parking lot, and that the Planning Commission has determined that an additional 69 square foot sign area would be allowed for Sign Art based on the aggregate existing square footage of signage on the building. He stated that the sign would be eight feet in height and would have internal florescent lighting for the letters only. He informed Council that the lights would be on a timer and would shut off at 10:00 p.m. Councilmember Krebsbach moved to grant a 10 foot front yard setback variance for the Page No. 3575 April 6, 1993 placement of a monument sign at Sign Art, 2170 Dodd Road, conditioned that the monument sign be limited to an aggregate size of 69 square feet, including both sides of the sign and its mount, that it be a maximum height of eight feet, and the light intensity be low enough so that light does not emanate from the site. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 CASE NO. 93-07, KOCH Mr. Don Richard, from Barr Engineering, PIPELINE, INC. informed Council that his firm has been retained by Koch Pipeline, Inc., to install a recovery facility to remove aviation fuel where it has leaked from an underground pipeline on a vacant industrial lot located at the intersection of Northland Drive and T.H. 55. Mr. Richard informed Council that the name on the conditional use permit application for an essential service facility has been changed to Koch Pipeline and that the permit would be issued to Koch. Mayor Mertensotto stated that one of the Planning Commission's conditions was that Mn/DOT join in the application. Mr. Richard responded that Mn/DOT is the land owner and that Koch has an agreement with Mn/DOT to construct the facility on the site. Koch has a right-of-way agreement with Mn/DOT, and will own the improvements which it constructs but not the property. Mayor Mertensotto asked if there is any reason why the city could not limit a conditional use permit to a two year period, after which time Koch would have to come back and ask for renewal if the recovery is not completed. He pointed out that this would alter the city to the progress being made. Mr. Richard responded that clean-up of the site is required and regulated by the Pollution Control Agency and they will grant Koch closure when the project is completed. Ms. Cynthia Hoover, representing Koch, stated that Koch would agree to the two-year limit, and would come back for renewal if the PCA does not grant closure within two years. Page No. 3576 April 6, 1993 Mayor Mertensotto stated that there are alternate methods of recovery, and asked if Koch would object to the conditional use permit being strictly limited to pumping of the material into the recovery tank and hauling it to Koch Refinery. He pointed out that the city specifically wants to know that there will be no oil and water separation on the site. Ms. Hoover agreed to the condition, stating that Koch is proposing an interim recovery system. She stated that the PCA will probably require soil venting on the site, and asked if the additional equipment needed for venting can be included in the conditional use permit. She stated that it is proposed to use an interim well and one additional well in the unsaturated zone and to connect them to vent the saturated soil. Councilmember Krebsbach asked if the entire project area will be flammable. Mr. Richard responded that any tank that will store gasoline or a gasoline/water mixture is flammable and that the state fire marshall will inspect the site. He further stated that all state fire marshall rules will apply. He informed Council that a chain link security fence around the site had been proposed but that the Planning Commission has asked that Koch install a solid wall fence instead in order to provide screening and security. He explained that the 8 foot diameter, 12 foot high recovery tank will be in the open with a dike around it. Mayor Mertensotto felt that the fence should be chain like with mature landscaping around it for screening. Councilmember Krebsbach pointed out that Council's primary concern is safety. She asked what kind of hazard the area is presently in other than seepage into the water. Mr. Richard responded that the biggest concern is in hydrocarbons getting into the water. Ms. Hoover stated that the leaked material will not explode - it is 40 feet down and there is no open excavation. The soil at the surface is not contaminated - contamination Page No. 3577 April 6, 1993 starts below six feet, as the Koch line is six feet deep. Mayor Mertensotto stated that if the permit is approved, Council would require a compliance report every six months to show that Koch is in compliance with the conditions of the permit and including narrative on what is being done and that status of the project. Councilmember Krebsbach asked how frequently the line is being inspected and what rights the city has to require that the line be inspected more frequently. She stated that she would like a report on the length of the pipe running through Mendota Heights to determine if there are other problems. Ms. Hoover responded that Koch monitors its lines and has recently put a protection system on the pipe line. The system will detect and give the location of potential leaks. She stated that she will try to get the requested information to the city and informed Council that the leakage was not because of a rupture but because of a very slow drip and that all of the valves on the line were checked at the time the leak was discovered. Councilmember Krebsbach stated that she would like a report on all of the valves on the pipeline located in the city. Councilmember Huber stated that the Barr report stated that between 300 and 1500 gallons of fuel have leaked, that there are three products in the water 40 feet deep and that the leak started 6 feet down. He asked if there is evidence of contamination for the entire distance between the leak and 40 feet. Mr. Richard responded that this is correct, that the fuel is percolating downward. Councilmember Huber asked how long it will take to pump water until the parts per gallon is clean enough. Mr. Richard responded that he does not know. Councilmember Huber stated that the documentation speaks to a possible second recovery system in addition to what is proposed tonight, which goes to the question of how the site should be screened. He stated Page No. 3578 April 6, 1993 that he could not consent to a second system unless he knows what it will look like. Mr. Richard responded that he told the Planning Commission he would like to come back for a second system if it is needed, in which case Koch would apply for another conditional use permit. Mayor Mertensotto stated that he would support chain link fencing at a minimum 5 foot height, and asked whether Koch would install barbed wire on the fence. Public Works Director Danielson stated that barbed wire would clearly keep people out, but suggested a six foot minimum height. Mayor Mertensotto stated that he does not think barbed wire is necessary if the fence is six feet tall and the valves are locked, but if it becomes necessary because of vandalism Council will have to discuss requiring barbed wire. He also suggested painting the tank ivory to match the city water tank. Councilmember Smith arrived at 9:00 p.m. Councilmember Krebsbach moved adoption of Resolution No. 93-22, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR KOCH PIPELINE'S RECOVERY FACILITY," setting forth the following conditions: 1. That the conditional use permit be limited to a two-year period and that the applicant must return to Council for consideration of an extension prior to the end of the two years if the clean-up is not completed during the duration of the permit. 2. That the applicant must submit to the city all appropriate reports concerning the spill and clean-up, including copies of reports to the PCA. 3. That the applicant prepare and submit to the city quarterly progress reports on the clean-up. 4. That a six foot high chain link fence be installed around the clean-up site; that the city reserves the right to require the Page No. 3579 April 6, 1993 applicant to install barbed wire on the top of the fence in the event that vandalism becomes a problem; and that the applicant install appropriate landscape screening around the fence. 5. That any oil and water separation on site is prohibited under the conditional use permit. 6. If the recovery procedure is changed, the applicant must come back to Council for approval. 7. Under no circumstances can separated water be allowed to enter into the city's sanitary sewer system. 8. That the applicant must submit a written policy for inspection of its lines within the city. 9. That the vapor extraction system must be by underground piping. 10. That the tank must be painted the same color as the city's water tank. 11. The the conditional permit runs to Koch Refinery, its successors and assigns. 12. That removal of the recovery facility and fencing must occur within two months of MPCA grant of closure on the site. 13. That adequate warning signage be installed. 14. That the applicant submit to the city copies of the Mn/DOT and Soo Line Railroad right-of-way access permits and easements from NSP. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the March 16, 1993 meeting with corrections. Councilmember Huber seconded the motion. Ayes: 3 Nays: 0 Abstain: Koch, Krebsbach Page No. 3580 April 6, 1993 STREET LIGHTS Council acknowledged a memo from Public Works Director Danielson regarding the Callahan request for a street light at the end of Warrior Drive. Mayor Mertensotto stated that he thought Council was going to be looking at a policy to be sure that the requested light is consistent with that policy. He asked whether the city would be better off owning the light or leasing it from NSP. Public Works Director Danielson responded that this light is somewhat different from the norm since it is a single light. He recommended that the city purchase the light. Councilmember Krebsbach stated that if the recommended shoebox type light is selected for this location it does not preclude different styles in other areas of the city. Mayor Mertensotto pointed out that the light cannot be classified as a residential light because of its purpose. Councilmember Krebsbach moved to direct staff to order NSP to install a shoe box design light for the end of Warrior Drive, on a 25 foot high fiberglass pole, with a 250 watt lamp and a distribution type C lens. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 PUBLIC WORKS GARAGE Council acknowledged a memo from Project ADDITION Manager Guy Kullander requesting approval of the Public Works garage addition plans and specifications and authorization to advertise for bids. Councilmember Huber asked if the cost estimate includes replacement of the existing gas storage tanks with above ground tanks, whether the existing tanks have been tested for leaks, and if funding will cover the cost of any remedial work which may be needed. Public Works Director Danielson responded that the proposal is to replace three existing underground tanks with two underground tanks. He stated that the existing tanks have not Page No. 3581 April 6, 1993 been tested but they are relatively new and hopefully no problems will be found. Councilmember Koch moved to approve the plans and specifications for the Public Works garage expansion and to authorize advertisement for bids. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 U.S. WEST ANTENNAS Council acknowledged a memo from Administrator Lawell regarding a request from U.S. West to add three cellular phone antennas on the city's water tower (adding one antenna to each of the existing sets of three antennas). U.S. West representative Bernie Wong was present for the discussion. Mayor Mertensotto asked if U.S. West anticipates adding any more antennas in the future. Mr. Wong responded that he does not know at this time. Mayor Mertensotto stated that he realizes that raising revenues from this source for the city is good but that he is concerned about aesthetics. He asked if the U.S. West facility located on the Public Works Garage site complies with the condition that heating and cooling is provided to the city's half of the facility. Mr. Wong responded that heat and air conditioning are vented from the U.S. West side to the city's side of the structure as per the agreement with the city. Responding to a question from Mayor Mertensotto, Administrator Lawell stated that 50% of the annual rent paid to the city by U.S. West is dedicated to the facility being located on city property, and half is from the antennas. Mayor Mertensotto stated that he understands that the building was constructed at twice the size needed by U.S. West and half of it was dedicated for city use but that he was of the understanding that the rental fee from U.S. West was for antennas only and that there is Page No. 3582 April 6, 1993 no city charge for use of the land on which the structure is located. Mr. Wong stated that the normal procedure is to pay rent on the land and on the antennas and that this is what was originally approved by the Council. He explained that the additional antennas are needed because technology has changed and U.S. West must upgrade its equipment to four antennas in each cluster. Mayor Mertensotto felt that there should be a $200 per month increase in the fee charged to U.S. West. Councilmember Huber moved to approve an amendment to the U.S. West lease agreement to allow three additional antennas on the water tank, as requested, subject to an increase in the monthly rental fee to $1,082 per month effective on May 1st, with the understanding that there is no guarantee that Council will approve any additional antennas in the future. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ZONING ORDINANCE Council acknowledged a report from AMENDMENT (ACCESSORY Administrative Assistant Batchelder STRUCTURES) regarding the Planning commission's recommendation for proposed amendments to the Zoning Ordinance to allow more and larger accessory structures on larger sized lots in the R-1 District. Planning Commission member Bernard Friel was present for the discussion. Mr. Friel reviewed the proposed language and stated that current ordinance language allows only one accessory structure of 144 square feet in the R-1 district regardless of the size of the property on which it is to be located. He explained that the maximum size of an accessory structure allowed without conditional use permit in the proposed language would be one structure of 800 square feet, or up to three structures totalling 800 square feet, and that would only be on property that exceeds 60,000 square feet in size. Councilmember Smith stated that the proposal would allow a 20 by 40 foot structure. Mayor Page No. 3583 April 6, 1993 Mertensotto stated that the size proposed is more than an accessory structure. Councilmember Krebsbach asked what the need for the proposed amendments is. Mr. Friel responded that people who have larger lots likely have larger yard maintenance equipment to store. Mayor Mertensotto stated that he wants to avoid 20 by 40 foot structures, which are good sized structures as opposed to accessory structures. He suggested that the size be limited, and expressed concern over the potential that if such structures were allowed on a 60,000 square foot lot, the land could be subdivided and the structures would be grandfathered. Mr. Friel read a proposed amendment which would address subdivision. Councilmember Krebsbach pointed out that if someone wanted to construct an 800 square foot structure, they could request a conditional use permit under the existing ordinance. Mayor Mertensotto suggested a maximum of 400 square feet, pointing out that any greater size would constitute a garage. Mr. Friel responded that 400 square feet would work as long as the city would permit the larger sized lots to have two structures of that size. It was suggested that one structure could be 400 square feet and a second, 10 by 12 foot structure could be allowed. Councilmember Krebsbach stated that what is proposed is a departure from the way the city has been planned. She further stated that as much as she would like to support the proposal she would have a difficult time doing so. She did not see the need, and pointed out that Council has been liberal in granting variances. Mr. Friel stated that a conditional use permit j is required for accessory structures greater than 144 square feet. He pointed out that the City Planner has suggested that a structure of Page No. 3584 April 6, 1993 1% of the size of the property be allowed, and stated that the planner commented that it is his experience that more and more structures are being utilized by people and because of the additional mechanical equipment people are acquiring there is a need for larger facilities. Councilmember Krebsbach expressed concern that if the language is adopted there would be a proliferation of out buildings taken in total around the city (multiple structures, etc). Mayor Mertensotto felt that 400 square feet would be an appropriate size as long as properties would have to come into conformance with the provisions upon subdivision, and pointed out that the Zoning Ordinance talks about garages being 440 square feet. Councilmember Huber stated that he can appreciate that someone with a larger lot could be allowed to have a 225 square foot accessory structure, as would be allowed in the ordinance amendment, (Section 7.3(10)b), but that he is concerned over language allowing sizes larger than 225 square feet. He pointed out that a lot which is 21,000 square feet, which is only 25% larger than the standard lot, could have a structure nearly the size of a garage at 20 by 20 feet under the proposed language. He stated that it seems like a large jump from the somewhat modest 144 to 225 square foot range up to 400 square feet for the small jump to 20,000 square foot lots. He agreed that there should be some leniency where there is a much larger lot. After discussion, it was the general consensus to agree with the proposed amendments 7.3(10) a and b, and to allow 300 square foot accessory structures (or two structures with an aggregate 300 square foot size) for lots over 20,000 square feet in size. Councilmember Krebsbach suggested that gazebos be permitted uses. Mr. Friel stated that he would prepare the appropriate amendment language. Page No. 3585 April 6, 1993 NDC-4 AGREEMENT Council acknowledged a memo from Administrator Lawell regarding the NDC-4 joint powers agreement. Mayor Mertensotto briefly reviewed agreement revisions proposed by the City of West St. Paul. He stated that in no circumstance should the city's NDC-4 representatives vote to give up one of the cable access channels to Continental Cablevision, as Continental has requested. Councilmember Smith pointed out that the language relating to redistribution of franchise fees received during the budget period in excess of the amount of the annual budget implies that everything in the budget has been provided for but it does not allow for planned reserves. She felt that reserves should be allowed and that Council's support of the revisions should include this clarification. Mayor Mertensotto stated that the annual budget includes a reserve amount that goes into a reserve account. Councilmember Smith felt that it should be made clear up front that Council approval includes setting aside reserves - that the commission has the ability to include long- term reserves in its budget for specific approved purposes. Mayor Mertensotto stated that the commission members are all representatives of the member cities. He stated that disagreement over the NDC-4 building purchase precipitated the proposed agreement revisions and including language to protect a reserve for future building will not work. Councilmember Smith responded that she is talking about inevitable costs such as large equipment replacement. Councilmember Huber stated that he sees nothing in the agreement that precludes budgeting reserves as long as the commission thinks it is necessary. He pointed out that, if in the next year's budget there were a proposal to establish a reserve for a specific reason, the member cities would have the right to say they do not think the reserve should be Page No. 3586 April 6, 1993 funded - the proposal for funding a purchase and setting up the reserve for it would have to stand on its own merits. There was discussion over whether section seven advocates improvements within the NDC-4 studio. It was the consensus that Council generally concurs with the language of the revisions. PROSECUTION SERVICES Council acknowledged a memo from Administrator Lawell and Police Chief Delmont regarding police prosecution services. Councilmember Huber moved to retain the firm of Hughes and Costello to provide police prosecution legal services as outlined in the city's Request for Proposals - Police Prosecution Legal Services, and the Hughes and Costello proposal dated January 6, 1993, appointment to become effective May 1, 1993, and to direct staff to immediately take those steps necessary to ensure a smooth transition in the handling of police prosecution matters. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COMMUNITY SURVEY Council acknowledged a draft Dodd/110 Community Survey Mission Statement submitted by Administrator Lawell. Council discussed the trade-off section, and inclusion of the trade-off that if nothing is done now the potential will be lost forever. Councilmember Smith stated that the trade-offs can be any number of things - if the intersection is given up today, there will be no ability in the future to expand traffic across T.H. 110 but on the other hand if something is done now it could eventually change the configuration of the intersection and the long-term working relationships with the businesses in the area. Councilmember Krebsbach suggested that there should be additional points in determining public satisfaction. Mayor Mertensotto stated that the document does not include a statement that Brian Birch's desire to purchase the right-of-way Page No. 3587 April 6, 1993 precipitated Council discussion and the survey. Councilmember Krebsbach stated that another trade -off could be whether residents desire cohesive planned development of the properties in the intersection area or whether they would prefer spot development. She thought that perhaps an overpass bridge over T.H. 110 should be included in the trade -offs so that there are no options that surface later. Councilmember Huber asked if there is any way to factor in the cost of future roadway improvement options. It was the consensus that the statement be amended to replace "perception" with "satisfaction" in the first two objectives, to include that it is not Council's intent to promote or discourage options but to determine public satisfaction and acceptance, and to ask respondents to describe other alternatives they would agree to and at what cost. IVY FALLS EASEMENTS Council acknowledged a memo from Assistant Engineer Eckles regarding condemnation proceedings for Ivy Falls Creek improvement easements. It was the consensus that the matter be tabled to April 20th with the understanding that in order to get the project started by July, if easements are not granted prior to the next meeting, the city will have to authorize condemnation proceedings. MASAC Councilmember Huber moved that Councilmember Smith be appointed as Council's representative to the MASAC and that Mayor Mertensotto be appointed as the alternate representative, effective immediately. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 BOARD OF REVIEW Council acknowledged a reminder from the City Clerk that the annual Board of Review is scheduled for 7:00 P.M. on April 20th, immediately preceding the regularly scheduled meeting. -. CLOSED SESSION Council acknowledged a memo from Administrator Lawell recommending that Council meeting in Page No. 3588 April 6, 1993 closed session immediately following this evening's meeting for discussion of labor negotiations. Councilmember Krebsbach moved to conduct a closed session following this evening's meeting to discuss developments in labor negotiations with the police department. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Councilmember Krebsbach informed Council that she will be late for the April 20th meeting. She also informed Council of a telephone conversation she had received from a resident concerned over the lack of a pedestrian trail along T.H. 13. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned to closed session. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:40 o'clock P.M. Mthleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL April 6, 1993 Excavating License T.A. Schmidt & Sons Excavating, Inc. Rumpca Sewer & Water Masonry License Keith Anderson Masonry Midwest Concrete, Inc. Poured Foundations, Inc. Valley Cement Co. Gas Piping License Wm F. Ridler Plumbing & Heating Co., Inc. Rumpca Sewer & Water General Contractors License ACC /McCaw Cellular of Minneapolis Southview Design & Construction, Inc. iiVAC Contractors License Snell Mechanical, Inc. Drywall, Stucco, Plaster License Doug Manske Drywall Sign License Midway Sign Co., Inca