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1993-02-02 Council minutesPage No. 3516 February 2, 1993 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 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 7:40 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, revised to move item 5k, temporary liquor license, to the regular agenda. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the January 19, 1993 regular meeting. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Koch CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the January 26th Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for January. c. Acknowledgment of information on the 1993 National League of Cities conference. d. Approval of a proposal from Barr Engineering to assist in technical analysis of the Ivy Falls Creek design work for an amount not to exceed $6,400. e. Acknowledgment of bids for a Bobcat for the Public Works Department and Page No. 3517 February 2, 1993 authorization for the purchase of a Bobcat from Tri State Bobcat, Inc. for its low bid of $23,700.51. f. Approval of a permit for Allstate Insurance for the installation of an internally lit 24 square foot sign at 2515 Northland Drive. g. Adoption of Resolution No. 93 -06, "A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR GEORGE WATERS AND DOROTHY WATERS AND GEORGE'S GOLF RANGE, INC." h. Approval licenses attached i. Approval February $221,755 of the list of contractor dated February 2, 1993 and hereto. of the list of claims dated 2, 1993 and totalling .92. j. Acknowledgment of information on Planning Commission action regarding a proposed minor Comprehensive Plan Amendment with respect to non -point source pollution. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TEMPORARY LIQUOR Council acknowledged and briefly discussed LICENSE a memo from the City Clerk regarding a request from the Convent of the Visitation School for a temporary on -sale liquor license for February 12th and 13th in conjunction with its Merrie Market fund raising activity. Councilmember Koch moved to authorize the issuance of a temporary on -sale liquor license to the Convent of the Visitation School for February 12th and 13th, in conjunction with its Merrie Market Fund Raiser, subject to the approval of the Commissioner of Public Safety and further subject to all of the applicable conditions imposed by State Statute and city ordinances. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 3518 February 2, 1993 FIRE SAFETY Fire Chief Maczko and Fire Marshall Kaiser RECOGNITIONS were present to acknowledge significant fire safety efforts made by several community businesses in 1992. Plaques recognizing a commitment to fire prevention and safety and a violation free year were awarded to : SOS Market, Resurrection Cemetery, Riverwood Place, Esslingers, General Pump, Larry Dennison, Dr. Tom Koepke, Beth Jacob Synagogue and Circle Air Freight. Plaques recognizing a timely response to correction of deficiencies were awarded to Ecolab, Fotomark, GNB, St. Thomas Academy, Courtyard by Marriott, and Cray Research. VOLUNTEER WEEK Councilmember Krebsbach moved that the week of March 7th to the 14th be proclaimed Volunteers of America Week. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92 -25, Mr. Steven Patrick, 2350 Arbor Court, was PATRICK present to request approval of the division of Lot 11, Mendota Woods Addition, moving the lot line 20 feet to the north and adding 20 feet to Outlot A, a lot width variance for Outlot A, and a wetlands permit to allow a driveway extension to within 80 feet of the wetlands area. Mr. Patrick explained that Arbor Court was constructed last summer to serve eleven lots in the subdivision and that Outlot A had been platted with the intent that it would be sold to Centex, but that Centex has since backed out of the arrangement. He stated that he would like to turn the outlot into a buildable residential lot but that the townhome homeowners' association will not grant access to Brookfield Lane. He proposed that access to Lot 11 and Outlot A be by private driveway, which would require a yard width variance for Outlot A since it does not front on a public street. He informed Council that the existing garage located on Lot 8 (Mr. Patrick's lot) is served by a driveway from Arbor Court, and this driveway would be extended to serve the two lots. An easement would be granted across Lot 8. He stated that the Planning Commission's question over emergency vehicle access to the lot was reviewed by the Fire Page No. 3519 February 2, 1993 Chief who responded that the Uniform Fire Code requires a 20 foot minimum unobstructed access and be capable of supporting 22 tons of emergency equipment. He explained that at the narrowest point the driveway is 12 feet wide and that to widen the drive to 20 feet would cause the loss of trees. When he explained the hardship to Chief Maczko, he was informed that the Fire Code provides for variances if houses have fire protection systems. He asked Council to grant him the option for either a 20 foot wide drive or a 15 foot drive if the buyers of the two lots install fire protection systems. Mayor Mertensotto felt that the survey descriptions were very confusing - that Parcel A should be called Lot 11. He asked what hardship exists, since there is no home on Lot 11, and asked why variances should be allowed for two lots which do not have adequate street access. Mr. Patrick responded that Lot 11 does have street frontage and the issue of driveway width was not raised at the time of platting. He stated that the hardship concerns Outlot A. At the time of platting he had an agreement with Centex, and now that Centex is not going to purchase the outlot, he would like to be able to sell the parcel as a single family lot. Mayor Mertensotto asked about the ownership of Lot 7 and Outlot B. Mr. Patrick responded that he does not own Lots 1-7 or Outlot B, and platted the subdivision in partnership with another developer who owns those parcels. Mayor Mertensotto stated that the future buyers of the subject lots have the right to 911 service and the city must provide access. Mr. Patrick stated that part of the reason for the requested lot division is to provide a house pad above the wetlands area, that the bulk of the proposed new driveway is outside the 100 feet wetlands setback requirement, and the wetlands permit is only necessary to increase the width of the existing driveway, which is 12 to 14 feet wide at one section and 40 feet wide near the garage. He stated that it would be a significant change to widen the first section of the driveway to 20 feet. Page No. 3520 February 2, 1993 Councilmember Smith asked if the existing driveway would be upgraded to provide access if it is approved. Mr. Patrick responded that it would be designed to meet Uniform Fire Code standards and that he would prefer that it be gravel. Councilmember Krebsbach felt that it would make sense to cut the driveway into Mendota Heights Road. Mr. Patrick responded that the grades are too difficult. Councilmember Krebsbach stated that she is very concerned about the level of the drop off from the driveway coming into the garage and the level of drop-off from such a narrow driveway. Councilmember Smith stated that she drove the driveway and agreed that it is steep and if it is to serve three homes it would be dangerous because of its narrow width and steepness.. Councilmember Krebsbach asked how the driveway would be managed considering an average of eight trips per day per household. Mr. Patrick responded that once past the garage it would be very simple to construct the driveway to a 20 foot width. Responding to a question from Councilmember Smith regarding guard rails to protect those traveling on the driveway Mr. Patrick responded that there is an existing wooden guard rail. He further stated that he would like not to destroy the trees to widen the first part of the driveway. Mayor Mertensotto pointed out that the buyers have a right to emergency services. He asked if sanitary sewer and water are available. Mr. Patrick responded that it is available to his lot and stubbed in to the property line for Lot 11. Nothing was done for Outlot A, but it would be simple to connect to sanitary sewer and water would be connected at Brookfield. Public Works Director Danielson informed Council that the outlot would be served by a private service to the public sewermain. Page No. 3521 February 2, 1993 Administrator Lawell informed Council that the preliminary plat for Mendota Woods shows driveway access to Lot 11 from Brookfield Lane and that it is likely that Centex intended to build a manor home on the Outlot, with access through Brookfield. Councilmember Smith stated that she is satisfied that at the time of platting access was planned for the two lots and that she believes there is a hardship, but the question is how best to achieve access. Councilmember Krebsbach asked if the city has any leverage with the homeowners' association in view of the prior arrangement for the lots. Administrator Lawell responded that there was nothing in the plat that would compel the association to make the access connection and that he dows not believe the city can compel the homeowners' association to grant access. He explained that at the time of platting, Lot 11 was intended for single family use and Outlots A and B were intended for manor homes. With respect to the request for the option of 20 foot driveway width/installation of sprinkler systems in the homes, Mayor Mertensotto stated he feels it would be better judgment on the city's part to require proper access. Mr. Patrick suggested that it could be controlled by covenants - whatever provision is agreed to could be made in a covenant for the two lots - that they are required to put in sprinkler systems or widen the drive to 20 feet. He again expressed concern over loss of trees. Mayor Mertensotto suggested that the driveway could be extended to the north without cutting into the slope and removing trees, and that the best approach would be to have a 20 foot wide drive in place before the property is sold. Councilmember Huber suggested that the driveway be widened to just west of the existing garage, resulting in only one driveway access for the three lots. Councilmember Smith stated that she is also concerned over having two driveways and asked Page No. 3522 February 2, 1993 if there could be only one entrance at the street. Mr. Patrick responded that this would be possible. Mayor Mertensotto asked how Council could be certain that the appropriate covenants providing for a 20 foot wide drive, 33 foot wide turnaround and 40 foot wide private driveway easement are filed so that they run with the lots. Mr. Patrick responded that an easement over Lot 8 is being prepared and that it and the covenants would be filed with the city and the county. Mayor Mertensotto suggested that Mr. Patrick return on February 16th and Council will then take up the question of easements and whether they will be handled through deed restrictions, and change the certificate of survey Councilmember Smith any unobtrusive way along the roadway, property owners, so of the driveway, at reflectors. asked if there would be to protect travellers visitors as well as that they don't drive off least by installing Councilmember Huber asked if there would have to be some condition in the resolution as to what standards the driveway will be constructed to and maintained to and who will maintain it. Mayor Mertensotto responded that need to be an agreement from Mr. the driveway will be constructed wide driving surface, to standari accommodate 22 tons of emergency and that there will be a 40 foot easement. there would Patrick that to a 20 foot Is which would equipment, wide driveway Attorney Hart suggested that there should be an agreement from the developer to the city in recordable form. He pointed out that private covenants can be amended by agreement of all property owners involved. The agreement to the city could include maintenance of the driveway, and there would need to be a continuing covenant that would bind the three property owners. Page No. 3523 February 2, 1993 It was the consensus that the matter should be returned on February 16th, that the forty foot wide easement and turn-around area and building pads should be shown on the survey, that the identification of the lots should be changed on the survey (Parcel A/Parcel B) for clarification purposes, that the developer should provide an agreement in recordable form covering the driveway width, easement and maintenance, and the driveway construction standards (22 ton minimum equipment capability). It was further the consensus that the driveway should be widened to the north, which would not intrude into the wetlands area, with a single access point at Mendota Heights Road and that the proposed approval resolution incorporate the conditions enumerated by the Planning Commission, except to require the 20 foot driveway width and not provide the option for sprinkler systems vs. 20 foot driveway width, that it should include the basis for hardship, and that a park contribution should be required for the outlot. Mr. Patrick was also directed to provide the city with a copy of restrictive covenants which would bind the future owners of the three lots to maintenance of the driveway, and to file a 40 foot wide driveway easement. Councilmember Krebsbach moved to continue discussion on the matter to February 16th. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 93-02, Mr. Bob Hughes, representing Turner's TURNER'S GYMNASTICS Gymnastics Center, was present to request approval of a variance to allow a temporary 100 square foot banner sign proposed to be placed on the east (freeway) side of the Turner's building two to three times during the year. He explained that the hardship is that the center needs to increase its membership because much of the charitable gambling funding it has depended upon in the past is no longer available. He informed Council that a recently completed Turner's marketing survey indicates that the best method of acquiring new members is through referrals and the next best method is seeing the building. The proposed sign would provide the needed visibility. Page No. 3524 February 2, 1993 Mayor Mertensotto stated that Council tries to protect the city's industrial area from sign proliferation and does not want the city's freeway areas to be cluttered with signs. Council has been very judicious on issuing signs, and requires all industrial buildings to be finished on all four sides so that a good appearance is presented along the freeways. He stated that the zoning ordinance allows temporary signs of 25 square feet in size for a duration of 30 days, and the applicant is asking for a 100 square foot sign for no longer than 30 days at a time, four times a year. Administrator Lawell informed Council that the sign provisions exempt residential real estate marketing by signs, and there is a sign on the freeway side of the Lexington Heights Apartment. He pointed out that there is no ordinance exemption which would allow the Turner's sign. Mr. Hughes stated that a permanent sign is planned to be installed in the next couple of years. Councilmember Huber stated that if Turners came to Council requesting a temporary sign to just announce the building that would be a different matter. He stated that he would not be in favor of a sign announcing registrations for a two week period, as an example, and would not want people driving along the freeway trying to write down a number to call for registration information. He was very concerned about setting a precedent. Mayor Mertensotto asked how many participants are in the programs now. Mr. Hughes responded that there are currently 450 individuals registered and that the program could carry 650 to 750 within the current schedule. Councilmember Krebsbach suggested a one-time only sign. She asked Mr. Hughes if Turners would agree to a permit on a one-time basis, since the sign has already been acquired. Mr. Hughes responded that the sign would be needed for three or four weeks at a time, and that Turners would certainly be willing to live with a temporary sign three times a year for two years, when a permanent sign can be Page No. 3525 February 2, 1993 installed. He stated that a sign will be needed in August to announce a registration period. Mayor Mertensotto stated that he would not want to set a precedent, and that the city would not allow the industrial firms along I- 494 to install advertising signs along the freeway. He suggested that Turners select a 30 day period for the temporary sign. He informed Mr. Hughes that he could agree to allowing the sign to the extent of granting a single 30 day period to allow Turners to use the sign they have acquired. Councilmember Huber asked Mr. Hughes what is envisioned for a permanent sign. Mr. Hughes responded that he does not know yet, but probably some type of programmable, informational sign. After discussion, Councilmember Huber moved to approve a variance to allow a temporary sign, up to 100 square feet in size, for a 30 day period which must start in August, 1993 or end in August, 1993 subject to written notice to the city from Turner's Gymnastics on when it would like the thirty days to commence. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 93-01, BUFFIE Mr. Randy Buffie, architect representing Mr. & Mrs. Robert Mersky, was present to request approval of a four foot front yard setback variance to allow a proposed addition to the Mersky home located at 1758 Sutton Lane. Mr. Buffie described the addition and modifications proposed to be made to the home and informed Council that a four foot variance is required to accomplish the proposed design of the structural entry columns of the addition. He informed Council that a hardship exists because the current entry foyer is a 6 by 4 foot area which is very cramped and out of scale with the rest of the rooms. The proposed design would open the front of the existing foyer and make it a two story space. The coat closet would have to be eliminated unless a variance is granted. Councilmember Krebsbach stated that she supports the variance, and that based on the Page No. 3526 February 2, 1993 drawings presented, the scale proposed for the front entry is necessary. Councilmember Smith asked what the setback from the front of the vestibule would be from the lot line. Mr. Buffie responded that the vestibule setback would be 30 feet and the columns would be 26 feet from the property line. Councilmember Krebsbach moved to grant a four foot front yard setback variance to allow a home addition consistent with the plans submitted by the applicant. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 92-37, Representatives of the Volleyball Institute VOLLEYBALL INSTITUTE of Minnesota (VIM) were present to request OF MINNESOTA approval of a conditional use permit for participative athletics in the industrial zone. Council acknowledged reports from the City Planner, Public Works Director, Administrative Assistant, Fire Marshall and Code Enforcement Officer, and the following information from VIM: a letter of intent with respect to hours of operation, concessions, facility use, court surfacing, and maximum participant usage; a response to code and planning issues, and a copy of its executive summary (mission statement) expressing philosophical principles, long range goals and model. Mr. Ted Klinger, founder of VIM, stated that the group's foundation is family and sport. He paraphrased VIM's mission statement for Council. HeAnformed Council that the VIM plans to lease 28,000 square feet of the R.L. Johnson warehouse, located at 2444 Enterprise Drive. The lease would be for ten years. Mayor Mertensotto expressed concern over how many people can occupy the facility at one time based on exits and ventilation. He also asked about the overlapping use within the remainder of the building and expressed concern about routing of traffic. Mr. Klinger explained that exiting is designed for 571 people, but that the request is for a 200 person occupancy because of parking availability; ventilation is designed for 200 Page No. 3527 February 2, 1993 people. He stated that the use will be strictly limited to volleyball. He further stated that there is sufficient parking for both portions of the building, and that the VIM traffic will be at one end of the building away from truck traffic at the other end of the building (Bachman's). Responding to a question from Councilmember Huber, Mr. Klinger stated that many of the volleyball participants will be adult, primarily because there is not a strong youth program, but that approximately 60% of the VIM participants will be age 18 and under. Councilmember Krebsbach stated that she understood it to be an adult facility. Mr. Klinger responded that it has always been discussed as adult and youth and that VIM has been trying to develop a facility where people can enter the building at court level and will provide a drop-off area at the west end. Mayor Mertensotto reminded Mr. Klinger that all state statutes addressing concessions and the dispensing of food must be met. He asked whether there will be sufficient bathroom facilities, and how the applicants would respond to complaints to the city that the facilities are inadequate. Mr. Klinger responded that all code requirements will be met with respect to food service and that additional bathroom facilities will be added if there are complaints. In response to a question from Councilmember Krebsbach, he reviewed the hours of operation, and stated that there will be no one under age 18 in the facility after 10 p.m. He informed Council that there will be no alcohol allowed in the facility - the governing body of VIM does not permit alcohol. Mayor Mertensotto stated that the use will be limited to volleyball activity only and asked if the applicants would agree to a condition that the conditional use permit will automatically terminate if the use ceases for a 6 month period. Mr. Klinger agreed to the condition. Councilmember Krebsbach stated that she would like some reference in the approving resolution to the codes and regulations Page No. 3528 February 2, 1993 fostered by the Institute regarding hours of operation, etc. Mayor Mertensotto agreed, stating that the permit can require that the activity be consistent with the rules, regulations and practices of VIM. Councilmember Krebsbach moved adoption of Resolution No. 93-07, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PARTICIPATIVE ATHLETICS FOR THE VOLLEYBALL INSTITUTE OF MINNESOTA," subject to amendments to the resolution limiting the use to volleyball activity only, stipulating that the volleyball activity will be consistent with the rules, regulations and practices of Volleyball Institute of Minnesota as amended from time to time, providing that if the use ceases for a period of six months the conditional use permit will automatically terminate. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MPRS LITIGATION Council acknowledged a memo from Administrator Lawell regarding legal representation by Holmes and Graven for the Minnesota Police Recruitment System (MPRS) litigation. Mayor Mertensotto felt that there would be conflicts if one firm represents both the city and MPRS, and stated that he would prefer separate legal counsel. He asked why the LMCIT will not defend the city. Administrator Lawell stated that the city is one of thirty-six members of MPRS and that each of the cities is represented on the MPRS board. With respect to the refusal by LMCIT, he stated that LMCIT will not undertake the city's defense, or that of the other 31 MPRS member cities who are insured by LMCIT, because the activity (MPRS joint powers agreement) was not scheduled in their insurance provisions. He informed Council that an appeal will be made to the LMCIT Board at its next meeting. Mayor Mertensotto stated that he feels there would be too many pitfalls for one counsel. He stated that he has no objection to empowering Holmes and Graven to enter an answer to the court on the complaint, which must be made by February 20th, so that the city is not in default. Page No. 3529 February 2, 1993 Administrator Lawell stated that the intent was to proceed as far as possible with a joint defense and then split the defense if it seems appropriate. City Attorney Hart informed Council that the city can certainly substitute counsel at any time. Mayor Mertensotto expressed concern about the allocation of defense costs being determined by the MPRS Board and felt that Council should have more control. The MPRS has set the test parameters and if there is a problem with the test it will go back to the MPRS Board, which should have its own defense counsel. Administrator Lawell responded that the Board has no assets and no identity other than the 36 cities that participate in it 7 all 36 city Councils signed a joint powers agreement to form the MPRS, and the intent was to create a valid, defensible testing tool. After discussion, Councilmember Krebsbach moved to retain the firm of Holmes and Graven on a temporary basis to represent the city to interpose and answer to the court so that the city is not in default with the lawsuit, and to direct staff to submit Council's concerns over joint representation of the MPRS and the individual cities to the MPRS Board and ask that the response be directed to City Attorney Hart. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 COMMISSION APPOINTMENTS Council acknowledged memos on the appointment of Planning Commission and Parks and Recreation Commission members to fill the unexpired terms of Councilmembers Krebsbach and Huber, and the reappointment of members whose terms have expired. Mayor Mertensotto informed the audience that Council had convened earlier in the evening to interview candidates for the commissions. Councilmember Krebsbach moved to reappoint Carolyn Dreelan to a three year term on the Planning Commission and Vicki Katz and Dick Spicer to three year terms on the Parks and Recreation Commission. Ayes: 5 Councilmember Huber seconded the motion. Nays: 0 Administrator Lawell responded that the reason why the city has used the rental approach in the past is that NSP has only provided a purchase option for the last few years. Public Works Director Danielson stated that the decorative lights in the industrial park are city-owned and maintained, and that city ownership has worked well. He explained that the only way the city could get decorative lights for the industrial park was to buy them, and that he has not done an analysis on cost effectiveness. He further explained that two of the styles available must be purchased and are not available for rental. Councilmember Huber asked who would pay for a light at the end of Warrior Drive (requested by the Callahan family) if a light is purchased, since the light would only benefit a small number of people. Mr. Callahan stated that there is a public right-of-way in the area where the light is requested. Page No. 3530 February 2, 1993 Councilmember Smith moved to appoint Dr. Steven Hunter to the Planning commission to complete the unexpired term of Councilmember Krebsbach. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Koch moved to appoint Stan Linnel to Dr. Hunter's unexpired term on the Parks and Recreation Commission and to appoint David Libra to Councilmember Huber's unexpired term on the Parks and Recreation commission. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 STREET LIGHTING Council acknowledged a memo from Public Works Director Danielson regarding selection of a street light standard. Mayor Mertensotto expressed concern that the energy cost to the city for rented lights is three times what the cost would be if the city purchased the lights. He asked whether ownership and reduced energy costs is a better option than rental and increased energy costs. Administrator Lawell responded that the reason why the city has used the rental approach in the past is that NSP has only provided a purchase option for the last few years. Public Works Director Danielson stated that the decorative lights in the industrial park are city-owned and maintained, and that city ownership has worked well. He explained that the only way the city could get decorative lights for the industrial park was to buy them, and that he has not done an analysis on cost effectiveness. He further explained that two of the styles available must be purchased and are not available for rental. Councilmember Huber asked who would pay for a light at the end of Warrior Drive (requested by the Callahan family) if a light is purchased, since the light would only benefit a small number of people. Mr. Callahan stated that there is a public right-of-way in the area where the light is requested. Page No. 3531 February 2, 1993 Mayor Mertensotto pointed out that a light in the requested location would be more than a residential light and would be installed in conjunction with the existing walkway on public property. It was the consensus of Council that they would have no objection to the installation of lighting for safety purposes to light the public walkway at the end of Warrior Drive. Staff was directed to prepare a report and recommendation for residential lights, buying versus leasing, lumen power needs, etc., so that a standard can be adopted. COUNCIL COMMENTS Councilmember Huber informed Council on the Newly Elected Officials Conference that he and Councilmember Krebsbach had recently attended. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to closed session at 6:30 P.M. on February 16th for discussion of the Rottlund litigation. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:52 o'clock P.M. Aathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor